OPINIONS

OF THE

ATTORNEY GENERAL OF OHIO 1972

during the period

January 4, 1972 to December 31, 1972

1972 OPINIONS 72-001 to 72-122

WILLIAM J. BROWN Attorney General

Opinions published quarterly with tables and index

BANKS-BALDWIN LAW PUBLISHING COMPANY Oldest Law Publishing House in America - Est. 1804 Cleveland

January 1973 Adv. Sheets Copyright 1973, 1972

Banks-Baldwin Law Publishing Company PREFACE

OFFICE OF THE ATTORNEY GENERAL

STATE OF OHIO WILLIAM J. BROWN ATTORNEY GENERAL COLUMBUS 43215 GEORGE L. JENKINS FIRST ASSISTANT ATTORNEY GENERAL

I take great pride in participating in the publication

of this, .the eighth volume of the Opinions of the Attorney

General.

Throughout the years, the publication has been well

received and has been a positive aid to those interested in

the formal Opinions of this office. It is my hope that the

annual volumes to be published during my term as Attorney

General will prove informative and useful to you.

Any suggestions which you may have by way of making the

publication more relevant to your individual needs would be

welcome.

WILLIAM J. BROWN Attorney General of Ohio

April 1, 1972

April 1972 Adv. Sheets 1-5 ATTORNEYS GENERAL of the STATE OF OHIO

Note: The office of Attorney General was established as an elective office by the Constitution of 1851. and-the term of office was two years. By an amendment made in 1954 the term of office is now four years.

Henry Stanberry ...... 1846-1851 Joseph McCormick ...... 1851-1852 George E. Pugh ...•...... 1852-1854 George W. McCook ...... 1854-1856 Francis D. Kimball ...... 1856- C.P. Wolcott (a) ...... 18!16-1861 James Murray ...... 1861-1863 Lyman R. Critchfield ...... 1863-1865 William P. Richardson ...... 1865- Chauncey N. Olds (b) ...... 1865-1866 William H. West ...... 1866-1868 Francis B. Pond ...... 1868-1872 John Little ...... 1872-1878 Isaiah Pillars ...... 1878-1880 George K. Nash ...... 1880-1883 D.A. Hollingsworth (c) ...... 1883-1884 Ja:mes Lawrence ...... 1884-1886 Jacob A. Kohler ...... ; .. 1886-1888 David K. Watson ...... - . 1888-1892 John K. Richards ...... 1892-1896 Frank S. Monnett ...... •...... 1_896-1900 John W. Sheets ...... 1900-1904 Wade H. Ellis (e) ...... 1904-Nov., 1908(d) Ulysses G. Denman (f) ...... Nov.,1908- 1911 Timothy S. Hogan ...... 1911-1915 Edward C. Turner ...... 1915-1917 Joseph McGee ...... 1917-1919 John G. Price ...... ·...... 1919-1923 C.C.Crabbe ...... 1923-1927 Edward C. Turner ...... 1927-1929 Gilbert Bettman ...... 1929-1933 John W. Bricker ...... 1933-1937 Herbert S. Duffy ...... ·.. 1937-1939 Thomas J. Herbert ...... 1939-1945 Hugh S. Jenkins ...... 1945-1949 Herbert S. Duffy ...... 1949-1951 C. William O'Neill ...... 1951-1957 William B. Saxbe ...... 1957-1959 Mark McElroy ...... 1959-1963 William B. Saxbe ...... 1963-1969 Paul W. Brown ...... •...... • 1969-1971 William J. Brown ...... ••.••... 1971- over April 1972 Adv. Sheets 1-6

Notes: (a) Appointed vice Francis D. Kimball, who resigned September. 1856. (b) Appointed February 20, 1865, vice William P. Richardson. who was elected while a Colonel in command of Camp Chase. Columbus. Ohio, and resigned as Attorney General in February, 1865. and remained in the service. (c) J\.ppointed April 21. 1883. vice George K. Nash, who resigned to become a member of the Supreme Court Com­ mission. (d) Term extended to 1909 by constitutional amendment. (e) Resigned November. 1908, to become Assistant United States Attorney General. (f) Appointed November, 1908, for unexpired term end­ ing January. 1909, vice Wade H. Ellis. resigned: then served the full term commencing January 11, 1909.

April 1972 Adv. Sheets OHIO REVISED CODE

Chapter 109

ATTORNEY GENERAL

Amended to April 1, 1972

ORGANIZATION, POWERS A.c·••m DUTIES 109.62 Interstate, national, and international cooperation. 109.01 Election; term. 109.63 Superintendent and assistants may testify in court. 109.02 Duties. OHIO PEACE OFFICER TRAINING COUNCIL 109.03 Appointment of assistant attorney general and chiei counsel; duties. 109.71 Creation of Ohio peace officer training council; mem- 109.04 Powers and duties of first assistant attorney general. bers; definition of "peace officer" 109.05 Employees. 109.72 Membership; appointment; term; meetings; expenses 109.06 Bonci. 109.73 Powers and duties 109.07 Special counsel. 109.74 Promulgation of rules and regulations by attorney 109.08 Special counsel to collect claims. general 109.09 Action on official bonds. 109.75 Executive director 109.10 Proceedings in quo warranto. 109.76 Construction of act 109.11 Canal land disputes; title. 109.77 Certificate necessary for appointment; prohibition 109.12 Legal advice to state officers and board. 109.78 Certification as special policemen; payment of cost; 109.121 Land title review and opinion special policeman for educational institution must 109.13 General assembly may require written opinions. have certificate 100.14 Attorney general shall advise prosecuting attorneys. 109.79 Ohio peace officer training academy 109.15 Forms of contracts. 109.16 Suits may be brought in Franklin county. ANTITRUST CASES 109.17 Writs in other counties. 109.81 Attorney general to represent state or political sub­ 109.18 Service by publication. division in antitrust cases 109.19 Security for costs and verification of pleadings. 109.82 Antitrust section created; antitrust fund, use 109.20 Actions to be taken out of their order. 109.83 Investigation of organized crime; referral to grand 109.21 Annual report. jury 109.22 Registers shall be kept. 109.99 Penalty. CHARITABLE TRUSTS 109.23 Definition of charitable trust; application.. Caoss REFERENCES 109.231 Administrationofprivate foundation or split-interest trust. OJur 2d: 49, State of Ohio § 12 109.232 Amendment to trust to conform to federal law: ap- proval. 109.24 Entorcement. 109.25 Service of process on charitable trus~. ORGANIZATION, POWERS AND DUTIES 109.26 Register of charitable trusts; duty of trustees. 109.27 Rules and regulations concerning information for register. 109.01 (331). Election; term. 109 .28 Register open for inspection, when. 109.29 Probate and common pleas papers relating to char• The attorney general shall be elected quadrennially, itable trusts. and shall hold his office for a term of four years. The 109.30 Notice of will creating charitable trust. term of office of the attorney general shall commence 109.31 Biennial report by trustees. 109.32 Investigations and audits. on the second Monday of January next after his election.. 109.33 Assistants, employees, experts; compensation. (129 v 582. Eff. 1-10-61) OBSCENITY LAWS Caoss REFERENCES 109.40 Compilation and distribution of statutes relative to Compensation of state officials, 141.01 et seq. obscenity laws. Official annual reports of state officials, 149.01. AGENT IN ESCHEAT OJur 2d: 6, Attorney General § 1 109.41 Agent in certain escheat matters. BUREAU OF CRIMINAL IDENTIFICATION AND INVESTIGATION 109.02 Duties. 109.51 Creation of bureau of criminal identification and in• vestigation. The attorney general is the chief Jaw officer for the state 109.52 Criminal analysis laboratory; investigators and tech• and all its departments and shall be provided with ade­ nicians. quate office space in Columbus. No state officer, board, or 109.53 Equipment and furnishiqgs of the bureau. 109.54 Intergovernmental cooperation; drug investigations the head of a department or institution of the state shall 109.55 Coordination of law enforcement activities. employ, or be represented by, other counsel or attorneys at 109.56 Training local law enforcement authorities. law. The attorney general shall appear for the state in the 109.57 Duties of the superintendent of the bureau 109.571 Law enforcement communications committee created; trial and argument of all ci vii and criminal ca uses in the duties supreme court in which the state is directly or indirectly 109.58 Superintendent shall prepare a standard fingerprint interested. When required by the governor or the general impression sheet. assembly, he shall appear for the state in any court or tri­ 109.59 Fingerprint impression and descriptive measurement records. bunal in a cause in which the state is a party, or in which 109.60 Duty of sheriffs and chiefs of police to take finger­ the state is directly interested. Upon the written request prints; report of the governor, he shall prosecute any person indicted for 109.61 Descriptions, fin~erprints1 and photographs sent to a crime. bureau by sheriffs and cniefs of poli_ce. (1969 S 438. Eff.11-17-69) 1-7 OHIO REVISED CODE 1-8

109.02 former GC 333 state in the sum of five thousand dollars, with two or more sureties approved by the governor, conditioned CROSS REFERENCES for the faithful discharge of the duties of his office. See Baldwin's Ohio School Law, Text 3.03 Such bond, with the approval of the governor and the Special counsel, appointment of, 109.07. oath of office indorsed thereon, shall be deposited with Actions on official bonds, 109.09, 2307.35. the secretary of state and kept in his office.' Actions in quo warranto, duties and powers of attorney general, 109.10, 1331.11, 1331.12, 2733.03. The first assistant attorney general shall give a bond General assembly, opinioJ.S to, 109.13. to the state in the sum of five thousand dollars, and Prosecuting attorneys, when to advise, 109.H. such other employees as are designated by the attorney Bond of secretary of state to be approved_ by attorney gen• general shall give a bond.to the state in such amounts era!, 111.02. Statistics, duty of, as to, 111.14. as the attorney general determines. Such bonds ·shall Duty of as to claims due the state, 115.17, 115.42. be approved by the attorney general, conditioned for Salaries of elective state officers, 141.01 the faithful discharge of the duties of their offices, and Contracts for public bulldings, duties as to, 153.08, 153.20. To enforce performance of duties of college officers, 1713.31. shall be deposited with the secretary of state and kept Insurance companies, duties regarding, 390.7.03, 3925.01, in his office.' 3929.37. . Industrial commieeion, duties as to, 4101.09. Source: • GO § 332, • § 3311. Workmen's compensation, duties as to, 4123.92. Caoss REFERENCES Public utilities commieeion, duties as to, 4901.17. OJur 2d: 6, Attorney Gilneral § 1, 6; 26, GovemDr § 6 Attorney .general ehal1 enforce regulations as to railroad bridges, 4961.24. Oil and gas lease■ of state property, attorney general to draw, 5101.12. Limitation of employment of inmates of penitentiaries, duty to enforce, 5147.26. 109.07 (336). Special counsel Attorney general sha11 prepare system of books, records, etc.1 for use of officers required to perform duties under the Jana The attorney general may appoint special counsel to registration act, 5309.97. represent the state in civil actions, criminal prosecu­ Actions ag1dnst treasurer of state under provisions relating tions, or other proceedings in which the state is a party to "Torrens act" to be defended by the attorney general, 5310.10. or directly interested. Such special counsel shall be Code of military justice, judge advocates, 5924.06. paid for their services from funds appropriated by the See 4111.15 and note citing 1937 OAG 1393. general assembly for that purpose. OJur 2d: 6, Attorney General § 1, 7, 12; 26, Governor § 4 CROSS REFERENCES OJur 2d: 6, Attorney General § 6

109.08 (334). Appointment of assistant attorney general and chief counsel; duties. 109.08 (336-1). Special counsel to collect claims. The attorney general may appoint a first assistant attorney general, a chief counsel, and assistant attorneys The attorney general may appoint BJlecial counsel general, each of whom shall be an attorney at law, to to represent the state in counection with-all claims of serve for the term for which the attorney general is whatsoever nature which are certified to the attorney elected, unless sooner discharged by him, and each shall general for collection under any law or which the at­ perform such duties, not otherwise provided by law, torney general is authorized to collect. as are assigned him by the attorney general. Such special counsel shall be paid for their services from funds collected by them in an amount approved by CROSS REFERENCES the attorney general OJur 2d: 6, Attorney General § 6 CROSS REFERENCES OJur 2d: 6, Attorney General§ 6

109.04 (335). Powers and duties of first assistant attorney general. 109.09 (338). Action on official bonds. When so directed, the attorney general shall bring During the absence or disability of the attorney an action on the official bond of a delinquent officer, general, or when so directed by the attorney general, and shall also prosecute any officer for an offense including all .the rights, privileges, and powers con­ against the revenue laws of the state that come to his ferred upon the attorney general by sections 2939.10, knowledge. Such a.etion may be brought by him in 2939.11, and 2939.17 of the Revised Code, the first the court of common pleas of Franklin county, or of assistant attorney general shall perform the duties of any county in which one or more of the defendants the attorney general reside, or can be summoned. CROSS REFERENCES OJur 2d: 6, Attorney General § 6 CROSS REFERENCES OJur 2d: 44, Public 01!lcers § 99, 125, 127

109.05 (337). Employees. 109.10 (339). Proceedings in quo warranto. The attorney general may appoint mch employees as The attorney general may prosecute a proceeding in are necessary. quo warranto in the supreme court of the state, the CROSS REFERENCES court of appeals of Franklin county, or the court of OJur 2d: 6, Attorney General § 6 appeals of any county wherein a defendant company has a place of business, or the officers or pemons made defendants reside or may be found. 109.08 (332), CROSS REFERENCES Bond. Quo warranto, 1331.11, 1331.12, 2733.03. . Before entering· upon the discharge of the duties of OJur 2d: 6, Attorney General§ 16; 45, Quo Warra.nto § S, his office, the attorney general shall give a bond to the 25 1-9 _Chap. 109 ATTORNEY GENERAL

109.11 Canal land disputes; title. of contracts, obligations, and other like instruments of writing for the 1188 of state officers, when requested by The attorney general shall be the legal advisor of the the governor, secretary of state, auditor of state, or department of public works and all other d81Jartmenta treasurer of state. of the state in disputes concerning canals, canal basins, and canal lands; and shall examine and perfect title to Caoss REFERENCES all state canals, canal basins, and canal lands. OJur 2d: 6, Attorney General§ 10; 26, Governor§ 4; 45, The attorney general may designate one or more of his Public Works and Contracts§ 19 assistant attorneys general or other personnel to perform such duties and, where necessary, may contract with sur­ veyors, survey companies, title examiners, and title com­ 109.18 (345). Suits may be brought in Franklin panies in furtherance of such duties. Such assistant county. attorneys general or other personnel shall receive such The attorney general may prosecute an action, in­ remuneration as may be fixed by the attorney general. formation, or other proceeding in behalf of the state, The attorney general shall submit quarterly reports to or in which the state is interested, except prosecutions the natural resources commission, and the legislative by indictment, in the proper court of Franklin county, service commission summarizing the activities of the or of any other county in which one or more of the office of the attorney general in connection herewith. defendants reside or may be found. No civil action, (128 v 317. Eff. 9-17-59.) unless elsewhere specially provided, shall be commenced Note: Former 109.11 (GC 340) was repealed by 125 v 351, in Franklin county, if one or more of the defendants do eff. 10-14-53, not reside or cannot be found therein, unless the at­ torney general certifies on the writ that he believes the 109.12 (341). Legal advice to state officers and board. amoun_t in controversy exceeds five hundred dollars. The attorney general, when so reque11ted, shall give CRoss REFERENCES Water pollution control, forfeiture for failure to obey or­ legal advice to a state officer, board, commission, the ders; prima-facie evidence, 6111.30. warden of the penitentiary, the superintendent, trustees, or directors of a benevolent or reformatory institution OJ"ur 2d: 6, Attorney General § 13; 61, Taxation § 460; of the state, and the trustees of the Ohio state uni­ 66, Venue§ 13, 18 versity, in all matters relating to their official duties. CROSS REFERENCES See Baldwin's Ohio School Law, Text 3.03 109.17 (348). Writs in other counties. Printing and distribution of opinions, 125.611, In all eases instituted by the attorney general under OJ"ur 2d: 6, Attorney General § 7; 43, Prisons and Pris­ sections 109.01 to 109.22, inclusive, of the Revised Code, oners§ 11; 64, 'Universities, etc§ 40 the writ may be sent by mail to the sheriff of any county, and returned by him in like manner. For such service, the sheriff shall be allowed the same mileage and fees 109.121 Land title review and opinion. as if the writ had been issued from the court of common Prior to the acquisition by the state of any right, title, pleas or the court of appeals of his county, and made or interest in real property, except highway rights-of-way, returnable thereto, evidence of such right, title, or interest shall be submitted CROSS REFERENCES to the attorney general for his review and opinion. Such OJ"ur 2d: 6, Attorney General § 14; 44, Process§ 31; 49, evidence shall be that customarily and generally used in Sherilf's, etc § 16 the community in which the real property is situated and may consist of, but not be limited to, attorneys' opinions of title, abstracts of title, title guarantees, or title insur­ 109.18 (347). Service by publication. ance. (1969 S 205. Eff. 11-12-69) If a writ or mesne f.rocess in proceedings in quo warranto is returned ' not found" by the sheriff of the county iin which the company is authorized by law 109.13 (342). General assembly mar require written to have its place of business, the clerk of the court in opinions. which the information or other proceeding is filed shall issue a notice of the filing and substance thereof, When so required by resolution, the attorney general and cause it to be published once a week for six con­ shall give his written opinion on questions of law to secutive weeks in a newspaper printed and of general either house of the general assembly. circulation in the county wherein such company is authomed to have its place of business. An affidavit CROSS REFERENCES of the publication together with a copy of the notice OJ"ur 2d: 6, Attorney General§ 7 shall be filed in the office of the clerk. If the defendant company fa.ils to answer or plead to such information or 109.14 (343). Attorney general shall advise prosecut­ proceeding within thirty days from the filing of the ing attorners. affidavit and copy, judgment shall be given upon the default as if the writ or mesne process had been served When requested by them, the attorney general shall and returned. advise the prosecuting attorneys of the several counties CROSS REFERENCES respecting their duties in all complaints, suite, and con­ OJ'ur 24: 45, Quo warranto § 39, 40, 64 troversies in which the state is, or may be a party.

CROSS REFERENCES See Baldwin's Ohio School Law, Text 3.03 109.19 (348). Security for costs and veri1lcation of OJ"ur 2d: 6, Attorney General§ 7 pleadings. No undertaking or security is required on behalf of 109.15 (344). Forms of contracts. the state or an officer thereof, in the prosecution or defense of any action, writ, or proceeding. In an action, The attorney general shall prepare suitable forma writ, or proceeding it is not necessary to verify the OHIO REVISED CODE 1-10 pleadings on the part of the state or any officer thereof. CROSS REFERENCES See Merrick-Rippner Probate Manual, Text 3(1) to (3), CROSS REFERENCES 63(7) OJ'ur 2d: S, Appellate Review §§ 884, 628; 6, Attorney OJ'ur 2d: 6, Attorney General § 6 General § 14; 14, Costs § 58, 90; 38, Municipal and County Courts§ 77, 300; 43, Pleading§ 43; 45, Quo Warranto § 40; 48, Sales, Use and Storage Taxes § 64 109.231 Administration of private foundation or split-interest trust. 109.20 (349). Actions to be taken out of their order. (A) In the administration of any trust which is a Upon motion of the attorney general, embodying a "private foundation·· as defined in Section 509 of the statement that the public interests require it, a civil Internal Revenue Code of 1954. a trust for charitable action, brought or prosecuted by him on behalf of the purposes described in Section 4947 (a) (I) of the Inter­ state, or an officer, board, or commission thereof, or an nal Revenue Code of 1954 to the extent that it is action in which the state !is a party, shall be taken out treated for federal tax purposes as such a private foun­ of its order upon the docket and assigned for trial at •dation, or a "split-interest trust" as described in Sec­ as early a day as practicable. tion 4947 (a) (2) of the Internal Revenue Code of 1954, the following acts are prohibited: CROSS REFERENCES (I) Engaging in any act of "self-dealing," as defined OJ'ur 2d: 6, Attorney General § 14 in Section 4941 (d) of the Internal Revenue Code of 1954, which would give rise to any liability for any tax imposed by Section 4941 of the Internal Revenue Code 109.21 (350). Annual report. of 1954; The attorney general shall pay all moneys collected or • (2) Retaining any "excess business holdings."" as received by him on behalf of the state into the state treas­ defined in Section 4943 (c) of the Internal Revenue ury to the credit of the general revenue fund. Each year Code of 1954, which would give rise to any liability for he shall make a report to the governor of the moneys so any tax imposed by ·Section 4943 of the Internal received and the business of his office, together with an Revenue Code of 1954; abstract of the statistics of crime returned to him by the (3) Making any investments which would jeopardize prosecuting attorneys of the several counties. the carrying out of any of the exempt purposes of the trust, within the meaning of Section 4944 of the Inter­ CROSS REFERENCES nal Revenue Code of 1954, so as to give rise to any Reports of state officers, 149.01. liability for any tax imposed by Section 4944 of the In­ OJ'ur 2d: 6, Attorney General§ 12; 26, Governor§ 15 ternal Revenue Code of 1954; or (4) Making any "taxable expenditures," as defined in Section 4945 (d) of the Internal Revenue Code of 109.22 (351). Registers shall be kept. 1954, which would give rise to any liability for any tax imposed by Section 4945 of the Internal Revenue Code The attorney general shall keep a register of all of 1954. The prohibitions of this division do not apply actions, demands, complaints, writs, informations, and to split-interest trusts, or to amounts thereof. to the ex­ other proceedings, prosecuted or defended by him, not­ tent that such prohibitions are inapplicable thereto hy ing therein the proceedings under each, and a register reason of Section 4947 of the Internal Revenue Code of all official opinions in writing given by him. He of 1954. shall deliver to his successor the registers, papers, docu­ (B) In the administration of any trust ..,hich is a ments, books, and other property belonging to his "private foundation" as defined in Section 509 of the office. Internal Revenue Code of 1954, or a trust for CROSS REFERENCES charitable purposes described in Section 494 7 (a) (I) of OJur 2d: 6, Attorney General§ 7, 12 the Internal Revenue Code of 1954 to the extent that it is treated for federal tax purposes as such a private foundation, there shall, for the purposes specified in CHARITABLE TRUSTS the governing instrument, be distributed at such time and in such manner, for each taxable year. amounts of 109.23. De11nition of charitable trust; application. income and principal at least sufficient to avoid liability for any tax imposed by Section 4942 of the In­ As used in sections 109.23 to 109.33, inclusive, of the ternal Revenue Code of 1954. Revised Code, "charitable trust" means any fiduciary relationship with respect to property arising as a result (C) I) ivisions (A) and (B) of this section express the of a manifestation of intention to create it, and subject­ continuing policy of this state with respect to charitable ing the partnership, corporation, person, or association trust interests and are enacted to assist such trusts in of persons by whom the property is held to equitable maintaining various tax benefits extended to them, and duties to deal with the property for any charitable, reli­ apply tt, all trusts described therein, whether or not gious or educational purpose. There are excluded from contrary to the provisions of the governing instrument this definition and from the operation of such sections, of such a trust, provided that divisions (A) and (B) of trusts until such time as the charitable, religious or edu­ this section do not apply to a trust in existence on the cational purpose expressed in such trust becomes vested effective date of this section to the extent that the attor­ in use or enjoyment. Such sections do not apply to ney general. the trustor, or any beneficiary of such charitable, religious and educational institutions holding trust, on or before November 30, 1971, files with the trustee of such trust a written objection to application funds in trust or otherwise exclusively for their own pur­ to such trust of one or more provisions of said poses nor to institutions created and operated as agencies divisions, and if the trustee receiving such written ob­ of the state government or any political subdivision jection commences an action on or before December thereof. (125 v 351. Eff. 10-14-53.) 31, 1971, in the ·court having jurisdiction over such Note: In addition to those t,Pea of charitable trust.a with trust to reform, or to excuse such trust from com­ registration requirement& previously recognized, registration pliance with, its governing instrument or any other in­ will be required of all charitable corporations operating in strument in order to meet the requirements of said this state which have been or will be filinit Forms 990A with the Internal Revenue Service. Interpretation of Att General, divisions. A trustee receiving such written objection March 30, 1960, reported at 33 Ohio Bar !102 shall commence such an action, and the one or more 1-11 Chap. 109 ATTORNEY GENERAL provisions of said divisions specified in such written proper action to enforce the performance of any chari­ objection will not apply to such trust unless and until table trust, and to restrain the abuse thereof whenever said court determines that their application to such he deems such action advisable or if directed to do so trust is in the best interests of all parties in interest. by the Governor, the supreme court, the general assembly, (D) No trustee of a trust to which division(A) or (B) or either ho11Be thereof. Such action may be brought of this section is applicable shall be surcharged for a in his own name, on behalf of the state, or in the name violation of a prohibition or requirement of said of a beneficiary of the trust, in any court having juris­ divisions, unless he participated in such violation diction in any county wherein the trust property or any knowing that it was a violation, nor shall such trustee part thereof is situated or invested, or where the trustee be surcharged if such violation was not willful and was resides. No such action shall abate or discontinue by due to reasonable cause, provided that this division virtue of the discontinuance in office of the attorney does not exonerate a trustee from any responsibility or general in whose name such actions may be brought but liability to which he is subject under any otber_rµle of shall be prosecuted to final judgement • or mandate as if law whether or not puplicated in division (AJ or (BJ of no change had occurred. (125 v 351. Eff.10-14-53.) this section. (E) As used in this section, "trust" includes a trust or • Bo in original. any other organization,other than a corporation, which CRoss REFERENCES is a "private foundation" as defined in Section 509 of OJur 2d: 6, Attorney General§ 24; 9, Charities§ 35 the Internal Revenue Code of 1954, and "trustee" in­ cludes any member of the governing body of such organization. 109.25 Service of process on charitable trust. (F) Except as provided in division (D) of this section, nothing in this section impairs the rights and powers of The attorney general is a necessary party to and shall the courts or the attorney general of this state with be served with process or with summons by registered respect to any trust. mail in all proceedings, the object of which is to: (1971 S 198, eff. 9-1"7-71) (A) Terminate a charitable trust or distribute its assets to other than charitable donees; Note: 1971 S 198. eff. 9-17-71. reads: (B) Depart from the objects or purposes of a char­ §3. Thal divisions ( H )(I) and (2) of sec1ion 1702.12 and divisions itable truat aa the same ar~ set forth iu the inst~ent (A) and .(B) of sec1ion I09.231 of 1he .Revised Code shall affecl a cor­ ap­ poratii0n, trust or other organi1ation organi1ed hefore January I. 1970. creating the trust, including any proceeding for the only on and after the first day of its. first taxable year (for federal tax plication of the doctrine of cy pres; p•urposes) beginning on or after January I. 1972, (C) Construe the provisions of an instrument with §4. This act is hereby declared to be an emergency measure necessary to the immediate preservat~on of the public peace. health. and respect to a charitable trust. safety. The reason for this necessity is the fact that delay in subjecting A judgment rendered in such proceedings without private foundations operating under Ohio law to the restrictions im­ service of process upon the attorney general is void, un­ posed hy thb act would result in such foundations being subject lo severe federal taxes. Therefore. this act shall go into immediate effect. enforceable, and shall be set aside upon the attorney general's motion seeking such relief. The attorney gen­ eral shall intervene in any proceeding affecting a char­ 109.232 Amendment of trust to conform to itable trust when requested to do so by the court having federal law; approval. jurisdiction of the proceeding, and may intervene in any proceeding affecting a charitable trust when he (A) The governing instrument of a trust dcscrihcd in determines that the public interest should be protected division (A) of section I 09.231 of the Revised Code in such proceeding. No eompromise, settlement agree­ may he amcndcd to permit the trust to conform to the ment, contract, or judgment agreed to by any or all requirements of. or to ohtain hcncfits availahlc under. parties having or claiming to have an interest in any Section 507. 508. or 509 of the Internal Revenue Code charitable trust is valid if the compromise, settlement of 1954. Such amendment may he made hy the trustee agreement, contract, or judgment modifies or terminates with the approval of the attorney genera~ of the trustor. a charitable trust unless the attorney general was mad~ and. if nnc or more hcncficiarics arc named in the a party to all such proceedings and joined in said com­ governing instrument of such trust. of each named promise settlement agreement, contract, or judgment; hcncficiary. If the trustor is not then living or is not provided, that the attorney general is expressly author­ then competent to give such approval. such amendment ized to enter into such compromise, settlement agree­ ·may he made hy the trustee with the approval M the at­ ments, contracts, or judgments as may be in the best tnrncy general and. if one or more hcneficiarics arc interests of the public. (129 v 582. Eff. 1-10-61. 125 named in the governing instrument of such trust. of V 351) each named hcncficiary. If one or more· of said Caoss REFERENCES required approvals is not ohtaincd. the trustee may ap­ Bee Merrick-Rippner Probate Manual, Text 3 (1), 63 (7) ply to the court having jurisdiction over such trust for Attorney general as representative for beneficiaries of char­ approval of such amendment. Said governing in­ itable trust, 2109.34. strument may also he amended in any respect and hy any method set forth therein or as otherwise providcd OJur 2d: 6, Attorney General§ 24; 9, Charities§ 35 hy law. (B) Nothing in this section impairs the rights and powers of the courts or the attorney general of this 109.26. Register of charitable trusts: duty of trustees. state with respect to any trust. · (C) For the purposes of sections 109.231 and In addition to all his common law and statutory 109.232 of the Revised Code. all references to sections powers, the attorney general shall prepare and maintain of the Internal Revenue Code of 1954 include all a register-of· all charitable trusts established· or active amendments or reenactments thereof. in this state, and the·trustees of said trusts shall register (1971 S 198. eff. 9-17-71) said trusts with the attorney general on forms ~re­ scribed by the attorney general for that purpose. Note: s~~ not~ following 109.231. No trustee of a charitable trust shall willfully fail t~ register such charitable trust as required by this section (129 v 582. Eff. 1-10-61. 125 v 351) 109.24. Enforcement. Note: In addition to thoae types of charitable truate with The attorney general shall institute and prosecute a registration requirements previously recognized, registration OHIO REVISED CODE 1-12 will be required of all charitable corporations operating in CROSS REFERENCES this state which have been or will be filing Forms 990A with 9. the Internal Revenue Service. Interpretation of Att General, OJ'ur 24: 6, Attorney General § 21; Charities § ~ March 30, 1960, reported at 33 Ohio Bar 502. Penalty, 109.99 (A). 109.32. Investigations and audits, CROSS REFERENCES OJ'ur 24: 6, Attorney Gilneral § 21; 9, Charities§~ The auditor of state shall make any investigations and audits which the attorney general may request in enforcing sections 109.23 to 109.83, inclusive, of the Revised Code. (125 v 351. Eff. 10-14-53.) 109.27. Rules and regulations concemfng information for register. CROSS REFERENCES OJur 2d: 8, Attorney General § 21; 9, Charities II SS The attorney general shall make Bllch rules and regula­ tions subject to the provisions of sections 119.01 to 119.131 inclusive, of the Revised Code, as he may deem 109.33 Assistants, employees, experts; compensa­ necessary to secure records and other information for tion. the operation of the register of charitable trusts. (125 V 351, Ef?. 10-14-53.) The attorney general may appoint with salaries fixed pursuant to section 143.09 of the Revised Code, such CRoss REFERENCES assistants and may employ such stenographers and OJ'ur 24: 6, Attorney General II n clerks as may be necessary to carry out s~ctions 109.23 to 109.33, inclusive, of the Revised Code. The attorney 109.28. Register open for Inspection, when. gene:ral may also employ experts for assistance in any specific matter at a reasonable rate of compensation. The register established by section 109.26 shall be (132 v H 93. Eff. 5-17-67. 125 v 351) open to the inspection of any person at such reasonable CROSS REFERENCES times and for such legitimate purposes as the attorney See Merrick-Rippner Probate Manual, Text 3 (I) (2) general may determine; provided, however, that any investigation of a charitable trust shall not be open to OJur 2d: 6, Attorney General§§ S, 21 public inspection. (125 v 351. Eff. 10-14-53.)

CROSS REFERENCES OJ'ur 24: 6, Attorney General § 21 OBSCENITY LAWS

109.29. Probate and common pleas papers relating to 109.40 Compilation and distribution of statutes rela­ charitable trusts. tive to obscenity law11, Each probate and common pleas judge shall furnish The attorney general shall compile all statutes relative copies of papers and such information· as to the records to obscenity in a convenient pamphlet or paper and may and files of his office relating to charitable trusts as distribute this compilation, without charge, to such the attorney general may require. (125 v 351. Eff. sheriffs, police chiefs, county prosecutors, city prosecu­ 10-14-53.) tors, mayors, constables, judges of the courts of common CROSS REFERENCES pleas, county court judges, municipal judges, and other OJur 2d: 8, Attorney General§ 21; 9, Charities§ SS; 31, interested parties, as may request such distribution, and Judges§ 41 make available a reasonable number of such compilations to fill such requests. The attorney general shall, from time to time, 1111pple­ 109.30. Notice of will creating charitable trust. ment and keep the compilation current and he may, upon request, distribute such supplemental material in the Immediately after the probate of any will containing manner provided ·in this section. (128 v 654. Eff. 11- clauses creating or purporting to create a charitable 5-59.) trust as defined in section 109.23, the probate judge shall notify the attorney general thereof. (125 v 851. Eff. 10-14-53.) CROSS REFERENCES OJur 2d: 8, Attorney General§ 21; 9, Charities§ ss; 66, AGENT IN ESCHEAT Wills§ 262 109.41 Agent in certain escheat matters. 109.Sl. Biennial report by trustees. Whenever any state begins procedure to escheat prop, erty of any_person who is an Ohio citizen, corporation, Any trustee of a charitable trust shall biennially, fl.rm, or resident, or whose last known address was in unless otherwise directed by the attorney general, make Ohio, on the ground that such property has been aban­ to him a written report for the two preceding fiscal doned, or on any other grounds, the attorney general years of such trust showing the property ao held and may, after making diligent effort to notify the owner administered, the receipts and expenditures in connec­ of such property and failing in the same, act as attorney tion therewith, and such other information as the attor­ in fact f~r such Ohio owner to claim such property. ney general may require; provided however, that if Upon taking custody of such property, the attorney such trustee is required by law or court order to file general shall deposit same in the general fund of Ohio with any court an account or report, the attorney or if such property be in kind, the attorney general shaii general shall accept a certified copy thereof in lieu of cause the same to be sold pursuant to section 2113.40 of the written report herein required. Refusal to file such the Revised Code, and deposit the proceeds of such sale a report shall constitute a breach of trust and the in said general fund. Claims to such property shall attorney general shall take such action as may be appro­ thereafter be made in the manner provided for in sec­ priate to compel compliance herewith. (125 v 351. tion 127.11 of the Revised Code. (129 v 497. Eff. Eff. 10-14-58,) 10-12-61) 1-13 Chap. 109 ATTORNEY GENERAL BUREAU OF CRIMINAL IDENTIFICATION flcation and investigation shall recommend cooperative policies for the coordination of the law enforcement AND INVESTIGATION work and crime prevention activities of all state and local agencies and officials having law enforcement 109.51 Creation of bureau of criminal identification duties to promote cooperation between such agencies and investigation. and officials, to secure effective and efficient law en­ There is hereby created in the office of the attorney forcement, to eliminate duplication of work, and to general, a bureau of criminal identification and investi­ promote economy of operation in such agencies. (130 v gation to be located at the site of the London correc­ H 263. Eff. 9-24-63) tional institution. The attorney general shall appoint a superintendent of said bureau. The superintendent shall appoint, with the approval of the attorney general, 109.66 Trafning local law enforcement authorities. such assistants as are necessary to carry out the func­ . The bureau of criminal identification and investiga­ tions and duties of the bureau as contained in sections tion shall, where practicable, assist in training local 109.51 to 109.63, inclusive, of the Revised Code. (130 law enforcement officers in crime prevention, detection, v H 263. Eff. 9-24-63) and solution when requested by local authorities and, CROSS REFERENCES where practicable, furnish instruction to sheriffs, ~hiefs OJur 2d: 6, Attorney General§ 3; 16, Criminal Law§ 60 of police, and other law officers in the establishment of efficient local bureaus of identification in their districts. (130 v H 263. Eff. 9-24-63) 109.52 Criminal analysis laboratory; fnvestigaton and technicians. 109.57 Duties of the superintendent of the bureau. The bureau of criminal identification and investiga­ tion may operate and maintain a criminal analysis (A) The superintendent of the bureau of criminal laboratory and mobile units thereof, create a staff of identification and investigation shall procure and file investigators and technicians skilled in the solution and fo: record photographs, pictures, descriptions, finger­ control of crimes and criminal activity, keep statistics prints, measurements, and such other information as and other necessary data, assist in the prevention of may be pertinent, of all persons who have been convicted crime, and engage in such other activities as will aid of a felony or any crime constituting a misdemeanor on law enforcement officers in solving crimes and control­ th_e ~rst offense and a felony on subsequent offenses, ling criminal activity. (130 v H 263. Eff. 9-24-63) within the state, and of all well known and habitual criminals, from wherever procurable. The person in charli\"e of any state correctional institution and the per­ 109.53 Equipment and furnishings of the bureau. son in charge of any state institution having custody of a person suspected of having committed a felony or The bureau of criminal identification and investiga­ any crime constituting a misdemeanor on the first of­ tion shall be supplied with furniture, fixtures, apparatus, fense and a felony on subsequent offenses, shall furnish vehicles, and materials necessary to carry out the func­ such materi~l to th~ superintendent of the bureau upon tions and duties of the bureau as contained in sections request. Fingerpnnts, photographs, or other descrip­ 109.51 to 109.63, inclusive, of the Revised Code. (130 tive information of a child under eighteen years of age v H 263. Eff. 9-24-63) shall not be procured by the superintendent or furnished by any person in charge of any state correctional insti­ tution, except as may be authorized in section 2151.313 109.54 Intergovernmental cooperation; drug investi­ of the Revised Code. Every court of record in this state gations. shall send to the superintendent of the bureau a weekly The bureau of criminal identification and investiga­ report containing a summary of each case involving a tion may investigate any criminal activity in this state felony or any crime constituting a misdemeanor on the which is of statewide or intercounty concern when re­ first offense and a felony on subsequent offenses. Such quested by local authorities and may aid federal au­ summary shall include the style and number of the case, thorities, when requested, in their investigation of any t~e dates of arrest, commencement of trial, and convic­ criminal activity in this state. On and after July 1, tion, a statement of the offense and the conduct which 1971, the Bureau may investigate any criminal activity constituted it, and the sentence or terms of probation in this state involving drug abuse or illegal drug distri­ imposed, or other disposition of the offender. The bution prohibited under Chapter 3719. or 4729. of the superintende~t shall cooperate with and assist sheriffs, Revised Code. chiefs of pohce, and other law officers in the establish­ The bureau may provide such trained investigative ment of a complete system of criminal identification and personnel and specialized equipment as may be re­ in obtaining fingerprints and other means of identifi­ quested by any sheriff, chief of police, or other law cation of all persons arrested on charge of felony or any officer to aid and assist such officer in the investigation crime constituting a misdemeanor on the first offense and solution of any crime or the control of any criminal and a felony on subsequent offenses. He shall also file activity occurring within his jurisdiction. This assist­ for record the fingerprint impressions of all persons con­ ance shall be furnished by the bureau without disturbing fined in any workhouse, jail, reformatory, or peniten­ or impairing any of the existing law enforcement au­ tiary, for the violation of state laws, and such other thority or the prerogatives of local law enforcement information as he may receive from law enforcement authorities or officers. Investigators provided pursuant officials of the state and its subdivisions. to this section, or engaged in an investigation pursuant The superintendent shall carry out sections 2950.01 to to section 109.83 of the Revised Code, may go armed in 2950.08, inclusive, of the Revised Code, in regard to the same manner as sheriffs and regularly appointed the registration of habitual sex offenders. · police officers under section 2923.01 of the Revised Code. (B) The superintendent of the bureau of criminal (1970 H 956, eff. 9-16-70. 130 v H 263) identification and investigation shall prepare and fur­ nish to every state penal and reformatory institution and to every court of record in this state standard forms 109.55 Coordination of law enforcement activities. for reporting the information required under division (A) of this section. The superintendent of the bureau of criminal identi- (C) The superintendent of the bureau of criminal OHIO REVISED CODE 1-14 identification and investigation may operate a center for any person for any felony, on suspicion of any felony, electronic, automated, or other data processing for the or for a crime constituting a misdemeanor on the first storage and retrieval of information, data, and sta­ offense and a felony on subsequent offenses, take his tistics pertaining to criminals, criminal activity, crime fingerprints, or cause the same to be taken, according prevention, law enforcement, and criminal justice, and to the fingerprint system of identification on the forms may establish and operate a statewide communications furnished by the superintendent of the bureau of crim­ network to gather and disseminate information, data, inal identification and investigation, and forward the and statistics for the use of law enforcement agencies. same, together with such other description as may be (D) The information and materials furnished to the required and with the history of the offense committed, superintendent pursuant to division (A) of this section to the bureau to be classified and filed. Should any ac­ are not public records under section 149.53" of the Re­ cused be found not guilty of the offense charged, then vised Code. said fingerprints and description shall be given to the (1970 H 956, eff. 9-16-70. 130 v S 160, H 263) accused upon his request. The superintendent shall compare the descriptions received with those already * So in the original. Should this read "149.35"? on file in the bureau, and if he finds that the person arrested has a criminal record or is a fugitive from jus­ 109.571 Law enforcement communications commit­ tice or wanted by any jurisdiction in this or any other tee created; duties. state or the United States or a foreign country for any offense, he shall at once inform the arresting officer of (A) There is hereby created a law enforcement com­ such fact and give appropriate notice to the proper au­ munications committee, consisting of the superintendent thorities in the jurisdiction in which such person is of the bureau of criminal identification and investiga­ wanted, or, if such jurisdiction is a foreign country, give tion as chairman, and four members appointed by the appropriate notice to federal authorities for transmis­ superintendent to serve at his pleasure, one each of sion to such foreign country. The names, under which whom shall be a representative of the department of each person whose identification is thus filed is known, finance, the division of state highway patrol, the county shall be alphabetically indexed by the superintendent. sheriffs, and the chiefs of police. This section does not apply to a violator of a city ordi­ (B) The committee shall meet at least once every six nance unless the officers have reason to believe that such months, or more often upon call of the superintendent or person is a past offender, or the crime is one constituting the written request of any two members. Committee a misdemeanor on the first offense and a felony on sub­ members shall receive no compensation for their services sequent offenses, or unless it is advisable for the purpose as such, but are en titled to their actual and necessary of subsequent identification. This section does not ap­ expenses incurred in the performance of committee ply to any child under eighteen years of age, except as duties, as determined by the state employees compen­ provided in section 2151.313 of the Revised Code. sation board. (1970 H 956, eff. 9-16-70. 130 v H 263) (C) The committee shall aid and encourage coordina­ tion and cooperation among law enforcement agencies in the operation and utilization of data processing facili­ ties and equipment, and a statewide law enforcement 109.61 Descriptions, fingerprints, and photographs communications network. sent to bureau by sheriffs and chiefs of police. (1970 H 956, eff. 9-16-70) Each sheriff or chief of police shall furnish the bureau of criminal identification and investigation with de­ 109.58 Superintendent shall prepare a standard scriptions, fingerprints, photographs, and measurements fingerprint impression sheet. of: (A) Persons arrested who in such police official's The superintendent of the bureau of criminal identi­ judgment are wanted for serious offenses, are fugitives fication and investigation shall prepare standard im­ from justice, or in whose possession at the time of arrest pression sheets on which fingerprints may be made in are found goods or property reasonably believed to accordance with the fingerprint system of identification. have been stolen; Such sheets may provide for other descriptive matter (B) All persons in whose possession are found bur­ which the superintendent may prescribe. Such sheets glar outfits, burglar tools, or burglar keys, or who have shall be furnished to each sheriff, chief of police, and in their possession high power explosives reasonably person in charge of every workhouse, reformatory, or believed to be intended to be used for unlawful pur­ penitentiary within the state. (130 v H 263. Eff. poses; 9-24-63) (C) Persons who are in possession of infernal ma­ chines or other contrivances in whole or in part and reasonably believed by said sheriffs or chiefs of police 109.59 Fmgerprint impression and descriptive meas­ to be intended to be used for unlawful purposes; urement records. (D) All persons carrying concealed firearms or other The· sheriff, chief of police, or other person in charge deadly weapons reasonably believed to be carried for of each prison, workhouse, reformatory, or penitentiary unlawful purposes; shall send to the bureau of criminal identification and (E) All persons who have in their possession inks, investigation, on forms furnished by the superintendent dies, paper, or other articles necessary in the making of of such bureau, such fingerprint impressions and other counterfeit bank notes, or in the alteration of bank descriptive measurements which the superintendent notes, or dies, molds, or other articles necessary in the may require. Such information shall be filed, classified, making of counterfeit money and reasonably believed and preserved by the bureau. (130 v H 263. Eff. to be intended to be used by them for such unlawful 9-24-63) purposes. (130 v H 263. Eff. 9-24-63)

109.62 Interstate, national, and iJlternational co­ 109.60 Duty of sheriffs and chiefs of police to take operation. fingerprints; report. The superintendent of the bureau of criminal identi­ The sheriffs of the several counties and the chiefs of fication and investigation shall cooperate with bureaus police of cities shall immediately upon the arrest of in other states and with the federal bureau of investi- 1-15 Chap. 109 ATTORNEY GENERAL gation to develop and carry on a complete interstate, Special meetings may be called by the chairman and shall national, and international system of criminal identifi­ be called by him at the request of the attorney general cation and investigation. (130 v H 263. Eff. 9-24-63) or upon the written request of five members of the coun­ cil. The council may establish its own requirements as to quorum and its own procedures with respect to the 109.63 Superintendent and assistants may testify In conduct of its meetings and other affairs; provided, that court. all recommendations by the council to the attorney gen­ eral pursuant to section 109.74 of the Revised Code shall The superintendent of the bureau of criminal identi­ require the affirmative vote of five members of the coun­ fication and investigation and his assistants employed cil. in accordance with section 109.51 of the Revised Code Membership on the council does not constitute the may testify in any court in this state to the same extent holding of an office, and members of the council shall not as any law enforcement officer in this state. (130 v H be required to take and file oaths of office before serving 263. Eff. 9-24-63) on the council. The council shall not exercise any por­ tion of the sovereign power of the state. The members of the council shall receive no compen­ OHIO PEACE OFFICER TRAINING COUNCIL sation for their services but shall be allowed their actual and necessary expenses incurred in the performance of their duties. 109.71 Creation of Ohio peace officer training coun­ No member of the council shall be disqualified from cil; members; definition of ''peace officer.'' holding any public office or employment, nor shall he for­ There is hereby created in the office of the attorney gen­ feit any such office or employment, by reason of his ap­ eral the Ohio peace officer training council. Such council pointment to the council, notwithstanding any general, shall consist of nine members to be appointed by the gov­ special, or local law, ordinance, or city charter to the ernor with the advice and consent of the senate, selected as contrary. (131 v H 363. Eff. 9-6-65) follows: one member representing the public; two mem­ bers to be incumbent sheriffs; two members to be incum­ bent chiefs of police; one member from the bureau of 109.73 Powers and duties. criminal identification and investigation; one member from the state highway patrol; one member to be the spe­ (A) The Ohio peace officer training council may cial agent in charge of a field office of the federal bureau recommend to the attorney general rules and of investigation in the state; one member from the state regulations with respect to: department of education, trade and industrial education (I) The approval. or revocation thereof. of peace of­ services, law enforcement training. ficer training schools administered by state. county. As used in sections 109.71 to 109.77, inclusive, of the and municipal corporations, public school districts. Revised Code, ''peace officer'' means a deputy sheriff, and techn ica I co liege districts; marshal, deputy marshal, member of the organized police (2) Minimum courses of study. attendance department of a municipal corporation, or township con­ requirements, and equipment and facilities to be stable, who is commissioned and employed as a peace of­ required at approved state, county. and municipal ficer by a political subdivision of this state, and whose peace officer training schools; primary du ties are to preserve the peace, to protect life (3) Minimum qualifications for instructors at ap­ and property, and to enforce the laws of Ohio, ordinances proved state. county. and municipal peace officer of a municipal corporation, or regulations of a board of training schopls; (4) The requirements of minimum basic training county commissioners or board of township trustees, or which peace officers appointed to probationary terms any such laws, ordinances, or regulations. shall complete before being eligible for permanent ap­ (1969 H 575. Eff. 11-21-69, 1969 H 111; 131 v H 363) pointment. and the time within which such basic training must be completed following such appoint­ CROSS REFERENCES ment to a probationary term: OJur 2d: 6, Attorney General§ 4 (5) The requirements of minimum basic training which peace officers not appointed for probationary terms but appointed on other than a permanent basis 109.72 Membership; appointment; term;· meetings; shall complete in order to be eligible for continued expenses. employment or permanent appointment. and the time Members of the Ohio peace officer training council within which such basic training must be completed shall be appointed for terms of three years, provided following such appointment on a non-permanent basis: that the original appointments shall be made as follows: (~) Categories or classifications of advanced in• three for a term of one year; three for a term of two service training programs and minimum courses of years; three for a term of three years. One chief of study and attendance requirements with respect to such police and one sheriff shall be appointed for the first categories or classifications. two year term and one chief of police and one sheriff (B) The council shall appoint an executive director. shall be appointed for the first three year term. There­ with the approval of the attorney general. who shall after, all appointments shall be for terms of three years. hold office during the pleasure of the council. He shall An interim chairman shall be appointed by the gover­ perform such duties as may be assigned to him by the nor until such time as the council elects a permanent council. He shall receive a salary fixed pursuant to sec­ chairman. tion 143.09 of the Revised Code. and reimbursement Any member of the council appointed pursuant to sec­ for the expenses within the amounts available by ap­ tion 109.71 of the Revised Code as an incumbent sheriff, propriation. The executive director may appoint such incumbent chief of police, representative of the state officers. employees. agents. and consultants as he may highway patrol, state department of education, federal deem necessary. prescribe their duties. and provide for bureau of investigation, and bureau of criminal identi­ reimbursement of their expenses within the amounts fication and investigation, shall immediately, upon termi­ available therefor by appropriation and with the ap­ nation of his holding such office, cease to be a member of proval of council. the council, and a successor shall be appointed for the (C) The council may, in addition: unexpired term. (I) Recommend studies. surveys. and reports to be The council shall meet at least four times each year. made by the executive director regarding the carrying OHIO REVISED CODE 1-16 out of the objectives and purposes of sections I 09. 71 to 109.76 Construction of a.ct. I 09.7r. inclusive. of.the Revised Code; (2) Visit and inspect any peace officer training Nothing in sections 109.71 to 190.77, inclusive, of the school approved by the executive director or for which Revised Code, shall be construed to except any peace application for such approval has been made; officer, or other officer or employee from the provisions (3) Make recommendations. from time to time. to the of Chapter 143. of the Revised Code. (131 v H 363. Eff. executive director. attorney general and the general 9-6-65) assembly. regarding the carrying out of the purposes of sections 109.71 to 109.77, inclusive. of the Revised 109.77 Certificate necessary for appointment; prohi­ Code; bition. (4) Report to the attorney general from time to gime and to the governor and to the general assembly at Notwithstanding any general, special, or local law or least annually. concerning the activities of the council; charter to the contrary, no person shall, after January 1, (5) Perform such other acts as may be necessary or 1966, receive an original appointment on a permanent appropriate to carry out the powers and duties of the basis as a peace officer of any county, township, or munic­ council as set forth in sections 109.71 to 109.77. in­ ipal corporation unless such person has previously been clusive:1of the Revised Code. awarded a certificate by the executive director of the Ohio (1971 S 396, eff. 2-17-72. 132 v H 93; 131 v H 363) peace officer training council, attesting to his satisfactory completion of an approved state, county, or municipal police basic training program; and every person who is 109.74 Promulgation of rules and regulations by at­ appointed on a temporary basis or for a probationary torney general. term or on other than a permanent basis as a peace officer of any county, townsnip, or municipal corporation, shall The attorney general, in his discretion, may in ac­ forfeit his position as such unless he previously has satis­ cordance with Chapter 119. of the Revised Code, adopt factorily completed, or within the time prescribed by and promulgate any or all of the rules and regulations regulations promulgated by the attorney general persuant recommended by the Ohio peace officer training council to section 109.74 of the Revised Code, satisfactorily com­ to the attorney general pursuant to section 109. 73 of the pletes a state, county, or municipal peace officer basic Revised Code. When the attorney general promulgates training school for temporary or probationary officers and any rule or regulation recommended by the council, he is awarded a certificate by such director attesting thereto. shall transmit a certified copy thereof to the secretary of No peace officer shall have his employment terminated and state. (131 v H 363. Eff. 9-6-65) then be reinstated with intent to circumvent this section. (1969 H 575. Eff. 11-21-69. 131 v H 363) CROSS REFERENCES CROSS REFERENCES OJur 2d: 6, Attorney General § 4. See Baldwin's Ohio Township Law, Text 16.02, 16.04 Rules, regulation and appointment of township police of­ 109.75 Executive director. ficers, 505.49 Constables, suspension or removal, comnensation, 509.01 The executive director of the Ohio peace officer train­ ing council, on behalf of the council, shall have the fol­ lowing powers and duties, to be exercised with the gen­ 109.78 Certification as special policemen; eral advice of the council and, to be exercised only in payment of cost; special policeman for educational accordance with rules and regulations promulgated by institution must have certificate. the attorney general pursuant to section 109.74 of the Revised Code: (A) The executive director of the Ohio peace officer (A) To approve peace officer training schools ad­ training coul)cil, on behalf of the council and in accor­ ministered by state, county, and municipal corporations, dance with rules promulgated by the attorney general, to issue certificates of approval to such schools, and to shall certify persons who have satisfactorily.completed revoke such approval or certificate; approved training programs designed to qualify per­ (B) To certify, as qualified, instructors at approved sons for positions as special policemen, security guards, peace, officer training schools and to issue appropriate or persons otherwise privately employed in a police certificates to such instructors; capacity. and issue appropriate certificates to such per­ (C) To certify peace officers who have satisfactorily sons. Such progr_ams sh11II cover only duties and completed basic training programs and to issue appro­ jurisdiction of such security guards and special priate certificates to such peace officers ; policemen privately employ_ed in a police capacity (D) To cause studies and surveys to be made relating when such officers do not qualify for training under to the establishment, operation, and approval of state, section I09.71 of the Revised Code. A person atten­ county, and municipal peace officers training schools; ding an approved basic training program administered (E) To consult and cooperate with state, county, and by the state shall pay to the agency administering the municipal peace officer training schools for the develop­ program the cost of his participation in the program as ment of advanced in-service training programs for peace determined by the agency. A person attending an ap­ officers; proved basic training program administered by a (F) To consult and cooperate with universities, col­ county or municipal corporation shall pay the cost of leges, and institutes for the development of specialized his participation in the program, as deter.mined by the courses of study in the state for peace officers in police administering subdivisi.on, to the county or the science and police administration; municipal corporation. Such cer.tificate or the com­ (G) To consult and cooperate with other departments pletion of twenty years of active. duty as a peace officer and agencies of the state and federal government con­ shall satisfy the educational requirements for appoint­ cerned with peace officer training; mel)t or commission as a special policeman or spe~iat (H) To perform such other acts as may be necessary deputy of a political subdivisi.on of this state, or appropriate to carry out his powers and duties as set (8) No public or private educational institution.shall forth in sections 109.71 to 109.77, inclusive, of the Re­ employ a person as a special policeman, security guard, vised Code; or other position in which such person goes armed (I) To report to the council at each regular meeting while on duty, who has not received a certificate of of the council and at such other times as may be required. having satisfactorily completed an approved basic (131 v H 363. Eff. 9-6-65) peace officer training program, unless such person has 1 17 Chap. 109 ATTORNEY GENERAL completed twenty years of active duty as a peace of­ fund. The attorney general antitrust fund shall be ficer. used insofar as funds are available therein for the (1972 H 633, eff. 4-3-72. 1971 H I; 1969 H 575) expenses of the antitrust section. The expenses of the antitrust section in excess of the funds a\•ailahle in the attorney general antitrust fund shall be paid out 109.79 Ohio peace officer training academy. of the regular appropriation to the office of the attorney The Ohio peace officer training council shall establish general. (132 v H 556. Eff. 12-14-67) and conduct a training school for law enforcement of­ ficers of any political subdivision of the state. The school shall be known as the Ohio peace officer training 109.83 Investigation of organized crime; referral to academy. grand jury. The Ohio peace officer training council shall develop (A) When directed by the governor or general assem­ the training program, which shall include courses in bly, the attorney general may investigate any organized both the civil and criminal functions of law enforcement criminal activity in this state. '' Organized criminal officers, and shall establish rules and regulations govern­ activity" means any combination or conspiracy to en­ ing qualifications for admission to the academy. The gage in criminal activity as a significant source of in­ council may require competitive examinations to deter­ come or livelihood, or to violate, or aid, abet, facilitate, mine fitness of prospective trainees, so long as the conceal, or dispose of the proceeds of the violation of, examinations or other criteria for admission to the criminal laws relating to prostitution, gambling, counter­ academy are consistent with the provisions of Chapter feiting, obscenity, extortion, loan sharking, drug abuse 143. of the Revised Code. or illegal drug distribution, or corruption of law enforce­ The Ohio peace officer training council shall determine ment officers or other public officers, officials, or em­ tuition costs which shall he sufficient in the aggregate ployees. to pay the costs of operating the academy. The costs of (B) When it appears to the attorney general, as a acquiring and equipping the academy shall be paid from result of an investigation pursuant to this section, that appropriations made by the general assembly to the there is cause to prosecute for the commission of a crime, Ohio peace officer training council for that purpose, or he shall refer the evidence to the prosecuting attorney having jurisdiction of the matter, or to a regular grand from gifts or grants received for that purpose. jury drawn and impaneled pursuant to sections 2939.01 The law enforcement officers, during the period of to 2939.24, inclusive, of the Revised Code, or to a special their training, shall receive compensation as determined grand jury drawn and impaneled pursuant to section by the political subdivision which sponsors them. Such 2939.17 of the Revised ·Code. When evidence is referred political subdivision may pay the tuition costs of the directly to a grand jury pursuant to this section, the law enforcement officers they sponsor. attorney general and any assistant or special counsel (1970 H 1160, eff. 8-31-70) designated by him has the exclusive right to appear at any time before such grand jury to give information ANTITRUST CASES relative to a legal matter cognizable by it, or to advise upon a legal matter when required, and may exercise all 109.81 Attorney general to represent state or politi­ rights, privileges, and powers of prosecuting attorneys cal subdivision in antitrust cases. in such cases. (1970 H 956, eff. 9-16-70) The attorney general shall act as the attorney at law for the state and may act, by agreement, as the attorney CROSS REFERENCES at law for any political subdivision of the state or gov­ Intergovernmental cooperation, drug investigations, 109.54 erning body thereof in antitrust cases and do all things necessary to properly represent them in any such case under the laws of any state or the federal government. (132 v H 556. Eff.12-14-67) 109.99. Penalty. 109.82 Antitrust section created; antitrust fund, use. (A.) Whoever violates section 109.26 of the Revised There is hereby created in the office of the attorney Code shall be fined not less than five hundred nor more general a section of antitrust. Ten percent of all re­ than ten thousand dollars or be imprisoned not less coveries obtained by the attorney general pursuant to than one month nor more than one year, or both. (125 section 109.81 of the Revised Code by settlement, or by v 35L E1t 10-14-53.) judgment in any court, shall be paid into the state CROSS REFERENCES treasury to the credit of th_e attorney general antitrust OJur 2d: 6, Attorney General§ 24; 9, Charities§ 37 INDEX

References are to 1972 Opinion numbers

ADJUTANT GENERAL BUILDING STANDARDS BOARD Armory, disposition of, 72-027 Drawings, author required, 72-012 Firearm permit, bond, 72-005 Firearm permit, refusal, 72-005 BUS, SCHOOL-See SCHOOL.

AGENCY, PUBLIC CEMETERY Defined, 72-035 Appropriation, wiused lots, 72-031

APPRAISAL CHARTER, VILLAGE Lease, 72-068 Mayor, election, 72-001 Ministerial land, 72-068 CHILD-See MINOR. APPROPRIATION OF PROPERTY Cemetery, township, 72-031 CHILDREN SERVICES BOARD, COUNTY Costs, who is liable, 72-113 Driver in own car, liability, 72-007 Cowity road relocation, 72-113 Foster child school tuition, 72-030 Volwiteer drivers, liability, 72-007 APPROPRIATIONS Printing acts, 72-120 CHILDREN'S HOME Volwiteers of America, loan, 72-070 ARMORY Disposition, 72-027 CHURCH Public auction, 72-027 Boiler inspection, 72-002

ARREST CIGARETTE TAX Record, job refusal, 72-006 Increase, effective date, 72-067

ART INSTITUTE CIVIL RIGHTS Cowity funds for, 72-091 Affirmative action file, 72-006 Arrest record, refusal of job, 72-006 ATTORNEY Complaint, conciliation, 72-006 Indigent, fee for misdemeanor, 72-095 Conciliation agreement, index on minorities, 72-006 Small claims referee, as, 72-073 Job referral, procedures, 72-006 Recruitment practices, 72-006 ATTORNEY GENERAL Referral service for minorities, 72-006 Highway patrolman, defense from false arrest, 72-076 Opinion during court proceeding, 72-097 CIVIL SERVICE Demotion to fill vacancy, 72-064 AUDITOR, COUNTY Demotion, volwitary, 72-064 Realty tax, rollback, 72-115 School district official, securetary, ect., 72-045 Secretary, assistant, etc., status, 72-045 AUDITOR, MUNICIPAL Unclassified service, 72-045 Hospitalization, 72-059 Vacancy, filling by reduction of employee, 72-064 Volwitary reduction, 72-064 AUDITOR, STATE Armory, deed, 72-027 COLLEGE-See UNIVERSITY OR COLLEGE.

BARBER SHOP COMMERCIAL AND HEAVY VEHICLES Drivers license or plates, selling, 72-015 Scale, unable to weigh in entirety, 72-046

BICYCLE COMMUNITY COLLEGE Motor attached, 72-008 Teacher as cowity commissioner, 72-066

BOARD OF REGENTS CONSTITUTIONAL AMENDMENT Technical college district, creation, 72-089 Petition signatures, 72-082 Petition, summary required, 72-010 BOILER Summary, type required, 72-010 Church, inspection, 72-002 CONTRACT BOND, SURETY Conciliation agreement, index on minorities, 72-006 Firearm permit, 72-005 Health care for cowity employee, 72-111 Public becoming private, 72-055 BUILDING Sanitary regulations, enforcement, 72-088 CONVEYANCE AND ENCUMBRANCE BUILDING AND LOAN Partnership, by, 72-075 Developer, security for, 72-094 Industrial park, security for loan, 72-094 CORONER Loan, maximum amount, 72-100 Federal area, no jurisdiction, 72-037 Security for loan, 72-094 Inquest, jurisdiction, 72-037 4-1 January 1973 Adv. Slieets 4-2 INDEX

CORPORATION DEPOSITORY, FUNDS County-related, 72-018 Township, new, 72-016 Property transfer, tax, 72-085 Subsidiary, conveyance to, tax, 72-085 DISCRIMINATION-See CIVIL RIGHTS.

CORPSE DOCTOR-See PHYSICIAN. Death, ck>ctor to determine, 72-116 Inquest, 72-037 DRIVER'S LICENSE Barber shop, selling in, 72-015 CORRECTIONAL INSTITUTION Instruction permit, 72-087 Housing for staff, lease-purchase, 72-119 Minor, 72-087 Signature of spouse, 72-087 COSTS-See FEES AND COSTS. Signature of stepparent, 72-087 Spouse signing for, 72-087 COUNCIL Ward of the court, 72-087 Councilman Prosecutor's law clerk, as, 72-014 DWELLING Sanitary regulations, adoption, 72-088 Demolition, displacement assistance, 72-048

COUNTY EDUCATION, BOARDS OF Corporation, related, 72-018 Driver education vehicle, insurance, 72-078 Extradition expense, 72-105 Nonteaching employee, continuing contract, 72-058 Funds, art or opera association, 72-091 Nonteaching employee, vacation leave, 72-079 Health, group contract, 72-111 Principal, assignment, 72-072 Historical society, funds for, 72-093 School nurse, certification, 72-069 Mentally retarded, cost of training, 72-052 Sick leave advance, 72-032 Nonprofit corporation, lease of land to, 72-040 Tenure during transfer, 72-058 Welfare director, salary payments, 72-121 Transfer, continuing contract, 72-058 Zoning, conflict with township, 72-042 Transportation, fare support, 72-043 Tuition for kindergarten, 72-099 COUNTY COMMISSIONERS Vacation leave, amount, 72-079 Appropriation for road, 72-113 Vacation, unused, payment for, 72-103 Children services board driver, insurance, 72-007 Community college teacher as, 72-066 EDUCATION DEPARTMENT County engineer approval on road bills, 72-080 School nurse, certification, 72-069 Engineers, hiring, 72-080 Funds, emergency, for county engineer, 72-080 ELECTION Health care corporation, contract for services, 72-111 Calendar year, defined, 72-024 Health department offices, providing, 72-098 Candidate Highway garage construction, 72-028 Party eligibility, 72-024 Lease, land for amphitheater, 72-040 Candidate, primary, 72-024 Road specifications, etc., 72-080 Primary, candidate, eligibility, 72-024 Water supply contract, 72-003 Registration center, establishment, 72-025

COUNTY COURT JUDGE EMINENT DOMAIN-See APPROPRIATION Lawyer, defense, as, 72-019 OF PROPERTY.

COUNTY RECORDER EMPLOYEE, PUBLIC Fee, release of lien, 72-104 Death benefits, 72-065 Partnership, conveyance by, 72-075 Defined, 72-055 Disability leave, death benefit, 72-065 DEATH Leave of absence, death benefit, 72-065 Physician determining, 72-116 Overtime, sick leave computation, 72-074 Report from federal area, 72-037 Part-time, disability benefit, 72-065 Pension deduction, failure of employer, 72-004 DEED Retirement Armory, sale, 72-027 Benefits, exemption, 72-004 Partnership, 72-075 Eligibility in other system, 72-036 Retirement, purchase of service credit, 72-036 DEFINITIONS Sick leave, board of education, 72-032 Agency, public, 72-035 Sick leave, computation for overtime, 72-074 Calendar year, 72-024 Sick leave, work hours, as, 72-074 Employee, public, 72-055 State Guardian, 72-087 Pay raise, retroactive, 72-009 Political subdivision, 72-035 Vacation, forfeiting, 72-013 School attendance, full time, 72-083 Vacation leave, forfeiting, 72-013 Work hours, sick leave as, 72-074 DENTA,°L CARE Corpofation contract for employees, 72-034 EMPLOYER-EMPLOYEE Insurance type plan, 72-034 Conciliation agreement, discrimination, 72-006 January 1973 Adv. Sheets INDEX 4-3

ENGINEER, CITY IDGHWAY PATROL Plans and specifications, certified, 72-108 False arrest insurance, 72-076

ENGINEER, COUNTY IDGHWAYS AND ROADS County road bills, approval, 72-080 Adjacent owners, liability for cost, 72-113 Funds, emergency, 72-080 Appropriation of property, 72-113 Plans and specifications, certified, 72-108 County Road project, powers, 72-080 Contract, county engineer powers, 72-080 County, bills, approval, 72-080 ENGINEER, PROFESSIONAL County, specifications, etc., 72-080 Services included in engineering, 72-108 Garage, tax funds, 72-028 Information center, lease, 72-096 EXTRADITION Permit, sale of goods, etc., along, 72-096 Waiver, expenses, 72-105 Relocation costs, 72-113 Rest area, lease, 72-096 FALSE ARREST Township, maintenance and repair, 72-080 Insurance, highway patrol, 72-076 HIGHWAYS DEPARTMENT FEDERAL AREA Township clerk as employee, 72-109 Coroner, no jurisdiction, 72-037 HISTORICAL SOCIETY FEES AND COSTS County funds for, 72-093 Extradition, waiver, 72-105 Highway relocation, 72-113 HOMESTEAD EXEMPTION Lien, release, 72-104 County auditor, duties, 72-115 Motor vehicle, title certificate, 72-044 Exemption certificate, 72-115 Municipal court, 72-063 Trailer park, 72-033 HOSPITAL Board of trustees, increasing, 72-047 FIREARMS Facility, leasing to, 72-117 Bernd for permit, 72-005 Federal, reporting death, 72-037 Permit, adjutant general, 72-005 HOSPITAL, COUNTY FIRE DEPARTMENT Accounting, professional services for, '12-084 Sick leave, debiting, 72-107 Board of trustees, increasing, 72-047 Vacancy, filling by demotion, 72-064 Record-keeping, professional survey, 72-084

FORECLOSURE HOSPITAL DISTRICT Delinquent tax, funds, 72-122 Board leasing facility, 72-117

FOUNDATION PROGRAM HOSPITAL GOVERNORS Joint vocational district, 72-049 Hospital agency, as, 72-117 Vocational student, full-time, 72-083 HOSPITALIZATION FUNDS, PUBLIC County contract, private corporation, 72-111 Delinquent tax land, foreclosure, 72-122 Municipal officer, 72-059 Highway garage, use, 72-028 Legal aid clinic, university, 72-023 HOUSE TRAILERS Treasurer, county, disposition, 72-122 Licenses and fees, 72-033 University legal aid clinic, 72-023 state license tax pre-empted, 72-033

GARBAGE AND REFUSE HOUSING Dispo~al facility, 72-042 Displacement assistance, 72-048 Disposal facility, city withdrawing from, 72-097 Research projects, 72-056 Landfill, county prohibiting, 72-097 Landfill, location, 72-042 HOUSING CODE Health regulations, enforcement, 72-088 GENERAL ASSEMBLY Acts, printing, 72-120 HOUSING DEVELOPMENT FUND Development costs, 72-056 GUARDIAN Research project, 72-056 Defined, 72-087 Use, 72-056 Tax liability of minor, liability, 72-102 INDIGENT HEALTH BOARD Attorney fees, misdemeanor, 72-095 Building sanitary regulations, adoption, 72-088

HEALTH CARE CORPORATION INDUSTRIAL PARK County contract for services, 72-111 Security for loan, 72-094 HEALTH DEPARTMENT INDUSTRIAL RELATIONS DEPARTMENT Offices, etc., 72-098 Church boilers, inspection, 72-002 January 1973 Adv, Sheets 4-4 INDEX

INITIATIVE LIMITATION OF ACTION Constitutional amendment, signatures, 72-082 Judgment, dormant, 72-062

INQUEST-See CORONER. LOAN Building and loan, maximum, 72-100 INSURANCE Volunteers of America, children's home, 72-070 Alien, discontinuing business, 72-060 Broker, foreign, 72-057 LUCAS COUNTY RECREATION INC. Children services board, drivers, 72-007 County-related corporation, 72-018 Company, alien, discontinuing business, 72-060 Company, release of deposit, 72-060 MASSAGE Dental care for employees, 72-034 License required, 72-101 Deposit by company, release, 72-060 Domestic company, surplus lines insurance, 72-057 MAYOR Driver education vehicle, 72-078 Hospitalization, 72-059 False arrest, highway patrol, 72-076 Mental retardation board, purchase, 72-090 MAYOR, VILLAGE Surplus lines insurance, 72-057 Election time, charter provision, 72-001

JAIL MEDICAL PRACTICE Construction, etc., 72-061 Massage, 72-101 Correction division, supervision by, 72-061 MENTAL HYGIENE AND CORRECTION DEPART- JOINT VOCATIONAL DISTRICT-See SCHOOL MENT DISTRICT. Jails, etc., supervision, 72-061 Mentally retarded, training, 72-022 JUDGMENT Dormant, 72-062 MENTALLY RETARDED Lien, cessation, 72-062 Community training program, 72-022 School transportation costs, 72-049 JURISDICTION Training, school district payments, 72-052 Federal area within state, 72-037 Training, state program, 72-022

JUVENILE COURT MENTAL RETARDATION BOARD Unruly child, temporary commitment changed to Administrator, full time teacher, 72-011 permanent, 72-071 Liability insurance, purchase, 72-090

KINDERGARTEN METROPOLITAN HOUSING AUTHORITY Tuition for child out of district, 72-099 Political subdivision, as, 72-039

LANDFILL-See GARBAGE AND REFUSE. MINES AND MINING Emergency, noncertified foreman, 72-077 LAW, PRACTICE OF Foreman, noncertified appointment, 72-077 University legal aid clinic, 72-023 Temporary foreman, noncertified, 72-077

LAWS MINISTERIAL LAND Printing,, 72-120 Appraisal, 72-068 Improvements in area, effect, 72-068 LEASE Lease, appraisal, 72-068 County, for private amphitheater, 72-040 Partnership, 72-075 MINOR Abandonment, 72-087 LEASE-PURCHASE Custody, 72-087 Public works department, housing for institution staff, Driver's license, 72-087 72-119 Foster home, school tuition, 72-030 Foster parent signing for, 72-087 LEGAL AID CLINIC Personal property tax, liability, 72-102 State university student counseling, 72-023 Unruly child, commitment to youth commission, 72-071 Ward of the court, 72-087 LIBRARY Funds, distribution, 72-110 MISDEMEANOR LIBRARY TRUSTEES Indigent, attorney fee, 72-095 Bidding procedure, 72-051 Land, sale, 72-051 MOBILE HOME PARK Plat required, 72-020 LICENSE Massage, giving, 72-101 MORTGAGE Partnership, deed, 72-075 LIEN Judgment, cessation, 72-062 MOTORCYCLE Release, fee, 72-104 Motor bike as, 72-008 January 1973 Adv. Sheets INDEX 4-5

MOTOR VEHICLE PHYSICIAN Instruction permit, temporary, 72-087 Corpse, determination by, 72-116 License plates, sale in barber shop, 72-015 Motor bike as, 72-008 PLANNING COMMISSION, REGIONAL Tax, trailer, pleasure, 72-106 Plat required, 72-020 Title, late filing fee, 72-044 Title, new, filing time, 72-044 PLAT Regional planning commission, for, 72-020 MUNICIPAL COURT Costs, amount, 72-063 POLITICAL SUBDIVISION Costs, payment by municipal funds, 72-063 Defined, 72-035 Judge, as defense lawyer, 72-019 Metropolitan housing authority, 72-039

MUNICIPALITY PRINTING Board of trustees of public affairs, vacancy, 72-029 Session laws, 72-120 Garbage disposal facility, membership, 72-097 Hospitalization, 72-059 PROFESSIONAL CORPORATION Office created by vacancy, filling, 72-029 Dental care contract for empooyees, 72-034 Transit authority-See REGIONAL TRANSIT AUTHORITY. PROPERTY,PERSONAL,TAX Zoning precedence over township, 72-003 Parent, liability for child, 72-102

NEWSPAPER PROPERTY,REAL Subsidiary, transfer to, tax, 72-085 Conveyance, partnership, 72-075 Judgment against, 72-062 NONPROFIT CORPORATION Library trustees, sale, 72-051 County, lease of land to, 72-040 Transfer tax, corporation to subsidiary, 72-085

NOTICE PROPERTY,REAL,TAX Zoning amendment, 72-118 Foreclosure funds, 72-122 Homestead exemption, 72-115 NURSE Rollback, 72-115 Certification, school nurse, 72-069 Death, pronouncing, 72-116 PROSECUTOR School, certification, 72-069 Councilman as law clerk for, 72-014 Tax delinquent land foreclosure, funds, 72-122 OFFICE AND OFFICER Hospitalization, municipal, 72-059 PUBLIC EMPLOYEE-See EMPLOYEE, PUBLIC. Salary increase, hospitalization as 72-059 PUBLIC UTILITY OFFICES, COMPATIBILITY Tax, foreclosure on delinquency, 72-086 Community college teacher as county commissioner, Tax, railroad property, 72-086 72-066 Zoning, location, 72-042 Councilman as prosecutor's law clerk, 72-014 Judge as defense lawyer, 72-019 PUBLIC UTILITY COMMISSION Mental retardation board administrator as teacher, Salary change, 72-054 72-011 State officer, as, 72-054 Township clerk as highway employee, 72-109 PUBLIC WORKS DEPARTMENT OPERA ASSOCIATION Armory, sale, 72-027 County funds for, 72-091 Lease-ourchase, housing for staff, 72-119

PARENT RAILROAD Personal property tax of minor, liability, 72-102 Public utility tax, 72-086

PARTNERSHIP REFORMATORY Lease, 99-year, 72-075 Correction division, supervision by, 72-061 Mortgage deed, 72-075 REGIONAL TRANSIT AUTHORITY PENITENTIARY Municipality, withdrawal, 72-053 Construction, etc., 72-061 Withdrawal from, 72-053

PENSION RELEASE Employee, public, exemption, 72-004 Fee, county recorder, 72-104 RETIREMENT, PUBLIC EMPLOYEE PERMIT Defined, 72-055 Firearms, 72-005 Public contract becoming private contract, 72-055 Highway, sale along, 72-096 Service credit, purchase, 72-036 Two systems, in, 72-036 PETITION Constitutional amendment, signatures, 72-082 RUBBISH-See GARBAGE AND REFUSE. January 1973 Adv. Sheets 4-6 INDEX

SANITARY DISTRICT STATE EMPLOYEE-See EMPLOYEE, PUBLIC. Assessment, state university, 72-092 University, assessment, 72-092 STREET Private, plat for, 72-020 ' SCALE Truck,inability to weigh entire, 72-046 SUBDIVISIONS Plat for private streets, 72-020 SCHOOL Plat for regional planning commission, 72-020 Attendance, full time, defined, 72-083 Bus driver, paid holiday, 72-112 SURVEYOR, PROFESSIONAL Credit, vocational training, 72-081 Services included in, 72-108 Driver education vehicle, insurance, 72-078 Employee, sick leave, 72-032 TAXATION Nonteaching employee Corporate transfer to subsidiary 72-085 Bus driver, paid holidays, 72-112 Delinquent ' Continuing contract, 72-058 Funds for foreclosure, 72-122 Death, unused vacation, 72-103 Public utility tax on railroad 72-086 Unused vacation, payment, 72-103 Funds, undivided classified pro'perty, distribution, Vacation leave, 72-079 72-110 Nurse, certification, 72-069 Highway garage, funds for, 72-028 Principal, assignment, 72-072 Minor, personal property tax, 72-102 Private, foundation program, calculation, 72-083 Motor vehicle, pleasure trailer, 72-106 Pupil, payment of fare, 72-043 Public utility-See PUBLIC UTILITY. Pupil, public transportation, fare support, 72-043 Trailer park, 72-033 Teacher-See TEACHER. Trailer, pleasure, 72-106 Transportation costs, mentally retarded, 72-049 Undivided classified property, distribution, 72-110 Transportation, fare support, 72-043 Vocational, foundation program, 72-083 TAX LAW Vocational training, high school credit, 72-081 Effective date, 72-067 SCHOOL DISTRICT Employees, civil service status, 72-045 TEACHER Contract, notice not to renew, 72-038 Foster child tuition, 72-030 County commissioner, as, 72-066 Joint vocational Leave of absence, notice of non-reemployment, 72-038 Boundaries, 72-089 Payment, 72-049 Mental retardation board administrator as 72-011 Technical college, sharing facilities, 72-089 Retirement, eligibility in other system,'72:036 Transportation, mentally retarded, 72-049 Retirement, purchase of service credit, 72-036 Mentally retarded, payment for training, 72-052 Sick leave, 72-032 Nonresident, tuition payment, 72-052 Superintendent, assignment of principal, 72-072 TECHNICAL COLLEGE-See also UNIVERSITY OR Tuition, foster child, 72-030 COLLEGE. Board of regents, approval of dormitory, 72-041 SEAL Boundaries, coterminous, 72-089 Engineering drawings, author, 72-012 District, creation, 72-089 Dormitory, 72-041 SECRETARY OF STATE Dormitory on private land, 72-041 Constitutional amendment, petition, sufficiency, 72-082 Enlargement, 72-089 Facilities, sharing with joint vocational district, 72-089 SECURITIES Operating expense, 72-089 State treasurer, repurchase agreement, 72-017 TOLEDO MUD HENS CLUB SHERIFF County-related corporation, 72-018 Extradition expense, 72-105 TOWNSHIP SHOPPING CENTER Board of trustees Plat required, 72-020 Appointment, 72-026 De facto officer, 72-026 SIGNATURES Vacancy, filling, 72-026 Constitutional amendment, petition, 72-082 Cemetery lots, unused, appropriation of, 72-031 SMALL CLAIMS COURT Clerk as highway department employee, 72-109 Attorney as referee, 72-073 Depository for, 72-016 Referee, attorney as, 72-073 Hospital district-See HOSPITAL DISTRICT. New, depository for, 72-016 SOCIAL SECURITY Road relocation, costs, 72-113 County-related corporation, 72-081 Trailer park tax, 72-033 Zoning-See also ZONING. STATE Zoning, conflict with county, 72-042 Extradition expense, 72-105 Zoning, municipal precedence, 72-003 Judgment for, dormant, 72-062 Printing, session laws, 72-120 TRAFFIC CONTROL DEVICE Undivided classified property tax, share, 72-110 Yellow arrow, use, 72-114 January 1973 Adv. Sheets INDEX 4-7

TRAILER VOCATIONAL SCHOOL Pleasure, tax, 72-106 High school credit, 72-081 student, foundation program, 72-083 TRAILER PARK Fee, 72-033 VOLUNTEERS OF AMERICA state regulations, 72-033 Loan, children's home, 72-070

TRANSIT AUTHORITY-See REGIONAL TRANSIT WATER SUPPLY AUTHORITY. Contract, county and municipality, 72-003

TREASURER,COUNTY WELFARE AGENCY Funds, disposition, 72-122 Kindergarten tuition, payment, 72-099 WELFARE DEPARTMENT TREASURER, STATE Director, pay range, 72-121 Extradition expense, 72-105 Director, supplemental salary, 72-121 Securities, repurchase, 72-017 WORKHOUSE TRUCK-See COMMERCIAL AND HEAVY VEHICLES. Construction, etc., 72-061 Correction division, supervision by, 72-061 TRUSTEE OF PUBLIC AFFAIBS Vacancy, 72-029 WORKMEN'S COMPENSATION Disabled workmen's relief fund, 72-050 TUITION Lump sum settlement, 72-050 Kindergarten, child out of district, 72-099 Permanent disability, weekly payments, 72-050 Weekly payments, 72-050 UNEMPLOYMENT COMPENSATION YOUTH COMMISSION Definitions, 72-035 Commitment, temporary to permanent, 72-071 Unruly child, commitement, 72-071 UNIVERSITY OR COLLEGE Legal aid clinic, 72-023 ZONING Non-academic employee, pension deductions, 72-004 Amendment, summary, 72-118 Sanitary district assessment, 72-092 Amendment, township, 72-118 Technical college-See TECHNICAL COLLEGE. County and township conflict, 72-003, 72-042 Districts, changing, 72-118 URBAN RENEWAL Map, publication, 72-118 Displacement assistance, 72-048 Municipal vs township, 72-003 Notice, amendment or supplement, 72-118 VILLAGE-See MUNICIPALITY. Public utility, location, 72-042 Supplement, procedure, 72-118

January 1973 Adv. Sheets TABLES

TABLE 1 - Ohio Constitution Provisions Interpreted

TABLE 2 - Ohio Revised Code Sections Interpreted

TABLE 3 - Prior Ohio A~rney General Opinions Affected

TABLE 4 - Compatible and Incompatible Offices

TABLE 5 - Informal Opinions

TABLE 1 Ohio Constitution Provisions Interpreted

Ohio Const. 1972 Opinion

Art. II, §la 72-082 §ld 72-067 §lg 72-082 §20 72-054 72-059 §34 72-054 Art. vm, §4 72-023 72-096 Art. XII, §8 72-010 Art. XVII, §1 72-001

TABLE 2

Ohio Revised Code Sections Interpreted

Rev. Code 1972 Opinion Rev. Code 1972 opinion 121.161 72-013 143.091 72-121 123.01 72-119 143.10 72-009 124.23 72-056 72-121 124.24 72-056 143.101 72-009 125.47 72-120 143.11 72-074 125.69 72-097 143.12 72-112 Chapter 135 72-016 143.29 72-107 135.14 72-017 143.291 72-009 135.15 72-017 143.30 72-064 140.01 72-117 143.41 72-109 140.05 72-117 143.61 72-065 143.08 72-045 Chapter 144 72-018 72-064 145.01 72-055 143.09 72-009 145.03 72-004

January 1973 Adv. Sheets 3-1 3-2 TABLES

Rev. Code 1972 opinion Rev. Code 1972 Opinion

145.201 72-036 1901.11 72-019 145.37 72-036 1901.26 72-063 149.091 72-120 1907 .081 72-019 159.04 72-037 1925.01 72-073 163.51 et seq. 72-048 2109.57 72-122 167.01 72-039 2113.64 72-122 Chapter 303 72-042 2151.353 72-071 303.22 72-003 2151.354 72-071 305.15 72-080 2151.357 72-099 305.171 72-111 2151.45 72-105 306.54 72-053 2301.20 72-063 307.02 72-040 2329.07 72-062 307.09 72-040 2335.06 72-063 307.23 72-093 2335.10 72-105 307.44 72-007 2923.04 72-005 307.50 72-105 2941.50 72-095 309.06 72-014 2941.51 72-095 72-122 2963.22 72-105 313.11 72-037 3301.07 72-081 315.08 72-080 3307.41 72-036 315.13 72-080 3311.218 72-089 317.08 72-075 3313.20 72-072 319.20 72-075 3313.201 72-078 319.301 72-115 3313.21 72-032 319.54 72-085 3313.48 72-083 323.151 72-115 3313.61 72-081 325.12 72-122 3313.64 72-030 325.19 72-013 3313.65 72-030 339.02 72-047 3313.68 72-069 339.06 72-084 3313.90 72-081 343.02 72-097 72-083 343.04 72-042 3317 .02 72-069 501.08 72-068 72-083 501.09 72-068 3317.03 72-083 503.07 72-016 3317 .051 72-043 503.24 72-026 3317.06 72-049 517.07 72-031 72-069 Chapter 519 72-042 3317.062 72-083 519.12 72-118 3317.08 72-052 Chapter 711 72-020 3317.16 72-049 Chapter 713 72-020 3319.01 72-072 715.26 72-088 3319.08 72-032 731.01 72-014 3319.081 72-058 731.02 72-014 3319.082 72-079 731.07 72-059 3319.084 72-079 735.28 72-029 72-103 757.03 72-091 3319.086 72-074 757.05 72-091 3319.087 72-112 1151.291 72-094 3319.13 72-038 1151.292 72-100 3319.141 72-032 1151.297 72-070 3321.12 72-083 1701.75 72-085 3327.01 72-043 1777.02 72-075 3327.06 72-099 January 1973 Adv. Sheets TABLES 3-3

Rev. Code 1972 Opinion Rev. Code 1972 Opinion

Chapter 3345 72-023 4703.12 72-012 3345.05 72-023 4703.18 72-012 3345.17 72-092 4705.01 72-019 3354.05 72-066 4709.22 72-015 Chapter 3357 72-041 4723.06 72-116 3357.02 72-089 4731.15 72-101 3357.07 72-041 4733.07 72-108 3375.33 72-051 4733.11 72-108 3375.41 72-051 4733.17 72-108 3503.12 72-025 5119.061 72-022 3513.191 72-024 5119.10 72-061 3519.01 72-010 5126.03 72-022 3519.15 72-082 5126.04 72-011 3519.16 72-082 5127.01 72-011 3705.27 72-116 72-022 3707.01 72-088 5127.04 72-052 3709.34 72-098 5153.04 72-007 3733.07 72-033 5153.16 72-030 Chapter 3734 72-097 72-099 3735.27 72-039 5503.01 72-076 3735.50 72-039 5503.02 72-076 3781.01 72-088 5515.07 72-096 3781.10 72-012 5535.08 72-080 3905.25 72-060 5543.19 72-080 3905.42 72-034 5549.01 72-028 3905.44 72-057 5553.02 72-113 3927.06 72-060 5553.09 72-113 4104.11 (B) 72-002 5555.09 72-113 4112.02 72-006 5577.04 72-046 4112.05 72-006 5705.01 72-109 4115.02 72-107 5705.06 72-028 4123.412 72-050 5705.07 72-028 4123.58 72-050 5707.05 72-110 4123.64 72-050 5711.05 72-102 4141.01 72-035 5719.04 72-086 4155.04 72-077 5721.03 72-122 4155.06 72-077 5721.06 72-122 4501.01 72-008 5723.11 72-122 4504.02 72-106 5727.01 72-086 4505.03 72-044 5727.23 72-086 4505.06 72-044 5743.02 72-067 4507.05 72-087 5749.02 72-104 4507.07 72-087 5923.05 72-035 4511.01 72-008 6103.02 72-003 4511.09 72-114 6115.42 72-092 4511.13 72-117

January 1973 Adv. Sheets 3-4 TABLES

TABLE 3

Prior Ohio Attorney General Opinions Affected

Former Opinion 1972 Opinion

4218, 1935 Approved and followed by 72-110 2457, 1958 Followed by 72-072 900, 1959 Followed by 72-069 1736, 1960 Followed by 72-039 2995, 1962 Followed by 72-069 470, 1963 Disapproved by 72-037 65-57 Distinguished by 72-074 65-199 Overruled by 72-013 66-077 Overruled by 72-030 70-021 Approved and followed by 72-107 70-110 Followed by 72-074 71-070 Followed by 72-040 71-080 Followed by 72-076

TABLE 4

Compatible and Incompatible Offices

Note: The following table, in two parts, lists Compatible Offices and Incompatible Offices, as determined in Opinions of the Attorney General issued during the year 1972.

Offices and positions are considered incompatible when one is subordinate -to the other or is a check upon the other. Also, positions may be deemed incompatible when it is physicially impossible for one person to discharge the duties of both offices (State, ex rel Attorney General v Gebert, 12 CC(NS) 274). There are several constitutional and statutory provisions affecting the compatibility of offices, as follows:

Ohio Constitution Ohio Revised Code

Art. Il, §4 3.11 315.02 2919.08 Art. Ill, §14 143.41 319.07 2919.09 309.02 705.02 2919.10 311.04 731.12 3501.02 In some instances, court decisions have ruled upon the compati­ bility of offices. Such court decisions are not covered in this table.

January 1973 Adv. Sheets TABLES 3-5

Compatible Offices

Office Compatible With 1972 opinion No.

Attorney Small claims referee 72-073

City councilman County prosecutor's office, 72-014 law clerk for

County commissioner Teacher, community college 72-066

County judge Defense lawyer 72-019

County prosecutor's City councilman 72-014 office, law clerk for

Defense lawyer County judge 72-019

Small claims referee Attorney 72-073

Teacher, community County commissioner 72-066 college

Incompatible Offices Office Incompatible With 1972 opinion No.

County board of mental Teacher 72-011 retardation, acting administrator

Highway department Township clerk 72-109 employee

Teacher County board of mental 72-011 retardation, acting administrator Township clerk Highway department 72-109 employee

TABLE 5 Informal Opinions Note: Informal. Opinions (also referred to as "Limited Circulation" Opinions) by the nature of the isolated factual situations involved are not of general interest, and therefore they are not published. Under the new numbering system Informal Opinions listed in the following Table 5 account for all numbers for which there is no formal opinion reproduced in this Service. 72-021 January 1973 Adv. Sheets