As Introduced 1
122nd General Assembly 4
Regular Session S. B. No. 130 5
1997 - 1998 6
SENATORS WATTS-WHITE 8
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A B I L L
To amend sections 111.15, 124.11, 141.02, 145.30, 12
718.01, 1737.301, 1738.261, 1742.341, 3319.13, 13
3319.14, 3923.381, 3923.382, 4117.01, 4506.02, 14
5101.312, 5903.01, 5911.011, 5911.03, 5911.04, 15
5911.08, 5913.01, 5913.02, 5913.021, 5913.03, 16
5913.04, 5913.05, 5913.051, 5913.06, 5913.07,
5913.08, 5913.09, 5913.10, 5913.17, 5919.01, 17
5919.02, 5919.04, 5919.071, 5919.09, 5919.12, 18
5919.13, 5919.14, 5919.15, 5919.16, 5919.17, 19
5919.22, 5919.25, 5919.28, 5919.29, 5919.30,
5919.32, 5919.33, 5920.10, 5921.09, 5923.01, 20
5923.02, 5923.03, 5923.05, 5923.09, 5923.10, 21
5923.21, and 5923.28, to enact new sections 23
124.29 and 5903.02 and section 5919.35, and to 24
repeal sections 124.28, 124.29, 5903.02, 5903.03,
5903.04, 5903.05, 5903.09, 5903.99, 5913.013, 25
5913.11, 5917.01, 5917.02, 5917.03, 5917.04, 26
5917.05, 5917.06, 5917.99, 5919.20, 5923.051, and
5923.35 of the Revised Code to exempt more 28
clearly Reserve and Ohio National Guard pay and 29
allowances from municipal taxation; to give 30
statutory effect to the federal exemption for 31
military vehicles from the state Commercial
Driver's License Law; to conform more closely to 32
federal regulations state law governing the Ohio 33
National Guard and the state military; to repeal 34
the state Military Census Law; and to make other
changes in the law governing the Ohio military. 35
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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 37
Section 1. That sections 111.15, 124.11, 141.02, 145.30, 39
718.01, 1737.301, 1738.261, 1742.341, 3319.13, 3319.14, 3923.381, 40
3923.382, 4117.01, 4506.02, 5101.312, 5903.01, 5911.011, 5911.03, 42
5911.04, 5911.08, 5913.01, 5913.02, 5913.021, 5913.03, 5913.04, 43
5913.05, 5913.051, 5913.06, 5913.07, 5913.08, 5913.09, 5913.10, 44
5913.17, 5919.01, 5919.02, 5919.04, 5919.071, 5919.09, 5919.12, 45
5919.13, 5919.14, 5919.15, 5919.16, 5919.17, 5919.22, 5919.25, 46
5919.28, 5919.29, 5919.30, 5919.32, 5919.33, 5920.10, 5921.09, 47
5923.01, 5923.02, 5923.03, 5923.05, 5923.09, 5923.10, 5923.21, 49
and 5923.28 be amended and that new sections 124.29 and 5903.02 50
and section 5919.35 of the Revised Code be enacted to read as 52
follows:
Sec. 111.15. (A) As used in this section: 61
(1) "Rule" includes any rule, regulation, bylaw, or 63
standard having a general and uniform operation adopted by an 64
agency under the authority of the laws governing the agency; any 65
appendix to a rule; and any internal management rule. "Rule" 66
does not include any guideline adopted pursuant to section 67
3301.0714 of the Revised Code, any order respecting the duties of 68
employees, any finding, any determination of a question of law or 69
fact in a matter presented to an agency, or any rule promulgated 70
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2) 71
of section 5117.02, or section 5703.14 of the Revised Code. 72
"Rule" includes any amendment or rescission of a rule. 73
(2) "Agency" means any governmental entity of the state 75
and includes, but is not limited to, any board, department, 76
division, commission, bureau, society, council, institution, 77
state college or university, community college district, 78
technical college district, or state community college. "Agency" 79
does not include the general assembly, THE ADJUTANT GENERAL'S 80
DEPARTMENT, or any court. 81
(3) "Internal management rule" means any rule, regulation, 83
bylaw, or standard governing the day-to-day staff procedures and 84
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operations within an agency. 85
(4) "Substantive revision" has the same meaning as in 87
division (J) of section 119.01 of the Revised Code. 88
(B)(1) Any rule, other than a rule of an emergency nature, 90
adopted by any agency pursuant to this section shall be effective 91
on the tenth day after the day on which the rule in final form 92
and in compliance with division (B)(3) of this section is filed 93
as follows: 94
(a) Two certified copies of the rule shall be filed with 96
both the secretary of state and the director of the legislative 97
service commission; 98
(b) Two certified copies of the rule shall be filed with 100
the joint committee on agency rule review. Division (B)(1)(b) of 101
this section does not apply to any rule to which division (D) of 102
this section does not apply. 103
An agency that adopts or amends a rule that is subject to 105
division (D) of this section shall assign a review date to the 107
rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date 108
assigned to a rule exceeds the five-year maximum, the review date 109
for the rule is five years after its effective date. A rule with 110
a review date is subject to review under section 119.032 of the 111
Revised Code. This paragraph does not apply to a rule of a state 113
college or university, community college district, technical
college district, or state community college. 114
If all copies are not filed on the same day, the rule shall 116
be effective on the tenth day after the day on which the latest 117
filing is made. If an agency in adopting a rule designates an 118
effective date that is later than the effective date provided for 119
by division (B)(1) of this section, the rule if filed as required 120
by such division shall become effective on the later date 121
designated by the agency. 122
Any rule that is required to be filed under division (B)(1) 124
of this section is also subject to division (D) of this section 125
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if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7), 127
or (8) of this section.
(2) A rule of an emergency nature necessary for the 129
immediate preservation of the public peace, health, or safety 130
shall state the reasons for the necessity. Copies of the 131
emergency rule, in final form and in compliance with division 132
(B)(3) of this section, shall be filed as follows: two certified 133
copies of the emergency rule shall be filed with both the 134
secretary of state and the director of the legislative service 135
commission, and one certified copy of the emergency rule shall be 136
filed with the joint committee on agency rule review. The 137
emergency rule is effective immediately upon the latest filing, 138
except that if the agency in adopting the emergency rule 139
designates an effective date, or date and time of day, that is 140
later than the effective date and time provided for by division 141
(B)(2) of this section, the emergency rule if filed as required 142
by such division shall become effective at the later date, or 143
later date and time of day, designated by the agency. 144
An emergency rule becomes invalid at the end of the 146
ninetieth day it is in effect. Prior to that date, the agency 147
may file the emergency rule as a nonemergency rule in compliance 148
with division (B)(1) of this section. The agency may not refile 149
the emergency rule in compliance with division (B)(2) of this 150
section so that, upon the emergency rule becoming invalid under 151
such division, the emergency rule will continue in effect without 152
interruption for another ninety-day period. 153
(3) An agency shall file a rule under division (B)(1) or 155
(2) of this section in compliance with the following standards 156
and procedures: 157
(a) The rule shall be numbered in accordance with the 159
numbering system devised by the director for the Ohio 160
administrative code. 161
(b) The rule shall be prepared and submitted in compliance 163
with the rules of the legislative service commission. 164
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(c) The rule shall clearly state the date on which it is 166
to be effective and the date on which it will expire, if known. 167
(d) Each rule that amends or rescinds another rule shall 169
clearly refer to the rule that is amended or rescinded. Each 170
amendment shall fully restate the rule as amended. 171
If the director of the legislative service commission or 173
the director's designee gives an agency written notice pursuant 175
to section 103.05 of the Revised Code that a rule filed by the 176
agency is not in compliance with the rules of the legislative 177
service commission, the agency shall within thirty days after 178
receipt of the notice conform the rule to the rules of the 179
commission as directed in the notice. 180
(C) All rules filed pursuant to divisions (B)(1)(a) and 182
(2) of this section shall be recorded by the secretary of state 183
and the director under the title of the agency adopting the rule 184
and shall be numbered according to the numbering system devised 185
by the director. The secretary of state and the director shall 186
preserve the rules in an accessible manner. Each such rule shall 187
be a public record open to public inspection and may be lent to 188
any law publishing company that wishes to reproduce it. 189
(D) At least sixty days before a board, commission, 191
department, division, or bureau of the government of the state 192
files a rule under division (B)(1) of this section, it shall file 193
two copies of the full text of the proposed rule with the joint 194
committee on agency rule review, and the proposed rule shall be 195
subject to legislative review and invalidation under division (I) 196
of section 119.03 of the Revised Code. If a state board, 197
commission, department, division, or bureau makes a substantive 198
revision in a proposed rule after it is filed with the joint 199
committee, the state board, commission, department, division, or 200
bureau shall promptly file two copies of the full text of the 201
proposed rule in its revised form with the joint committee. The 202
latest version of a proposed rule as filed with the joint 203
committee supersedes each earlier version of the text of the same 204
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proposed rule. Except as provided in division (F) of this 205
section, a state board, commission, department, division, or 206
bureau shall attach one copy of the rule summary and fiscal 207
analysis prepared under section 121.24 or 127.18 of the Revised 208
Code, or both, to each copy of a proposed rule, and to each copy 209
of a proposed rule in revised form, that is filed under this 210
division. 211
This division does not apply to any of the following: 213
(1) A proposed rule of an emergency nature; 215
(2) A rule proposed under section 1121.05, 1121.06, 217
1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 218
4123.411, 4123.44, or 4123.442 of the Revised Code; 220
(3) A rule proposed by an agency other than a board, 222
commission, department, division, or bureau of the government of 223
the state; 224
(4) A proposed internal management rule of a board, 226
commission, department, division, or bureau of the government of 227
the state; 228
(5) A rule proposed by the Ohio student aid commission, 230
that complies with a federal law or rule, so long as the proposed 231
rule contains both of the following: 232
(a) A statement that it is proposed for the purpose of 234
complying with a federal law or rule; 235
(b) A citation to the federal law or rule that requires 237
compliance. 238
(6) Any proposed rule that must be adopted verbatim by an 240
agency pursuant to federal law or rule, to become effective 241
within sixty days of adoption, in order to continue the operation 242
of a federally reimbursed program in this state, so long as the 243
proposed rule contains both of the following: 244
(a) A statement that it is proposed for the purpose of 246
complying with a federal law or rule; 247
(b) A citation to the federal law or rule that requires 249
verbatim compliance. 250
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(7) An initial rule proposed by the director of health to 252
impose safety standards, quality-of-care standards, and 253
quality-of-care data reporting requirements with respect to a 254
health service specified in section 3702.11 of the Revised Code, 255
or an initial rule proposed by the director to impose quality 256
standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised 257
Code requires that the rule be adopted under this section; 258
(8) A rule of the state lottery commission pertaining to 260
instant game rules. 261
(E) Whenever a state board, commission, department, 263
division, or bureau files a proposed rule or a proposed rule in 264
revised form under division (D) of this section, it shall also 265
file one copy of the full text of the same proposed rule or 266
proposed rule in revised form with the secretary of state and two 267
copies thereof with the director of the legislative service 268
commission. Except as provided in division (F) of this section, 269
a state board, commission, department, division, or bureau shall 270
attach a copy of the rule summary and fiscal analysis prepared 271
under section 121.24 or 127.18 of the Revised Code, or both, to 272
each copy of a proposed rule or proposed rule in revised form 273
that is filed with the secretary of state or the director of the 274
legislative service commission. 275
(F) Except as otherwise provided in this division, the 277
auditor of state or the auditor of state's designee is not 278
required to attach a rule summary and fiscal analysis to any copy 280
of a proposed rule, or proposed rule in revised form, that the 281
auditor of state proposes under section 117.12, 117.19, 117.38, 283
or 117.43 of the Revised Code and files under division (D) or (E) 284
of this section. If, however, the auditor of state or the 285
designee prepares a rule summary and fiscal analysis of the 286
original version of such a proposed rule for purposes of 287
complying with section 121.24 of the Revised Code, the auditor of 288
state or designee shall attach a copy of the rule summary and 289
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fiscal analysis to each copy of the original version of the 290
proposed rule filed under division (D) or (E) of this section. 291
Sec. 124.11. The civil service of the state and the 299
several counties, cities, civil service townships, city health 300
districts, general health districts, and city school districts 301
thereof shall be divided into the unclassified service and the 302
classified service. 303
(A) The unclassified service shall comprise the following 305
positions, which shall not be included in the classified service, 306
and which shall be exempt from all examinations required by this 307
chapter: 308
(1) All officers elected by popular vote or persons 310
appointed to fill vacancies in such offices; 311
(2) All election officers as defined in section 3501.01 of 313
the Revised Code; 314
(3) The members of all boards and commissions, and heads 316
of principal departments, boards, and commissions appointed by 317
the governor or by and with the governor's consent; and the 318
members of all boards and commissions and all heads of 319
departments appointed by the mayor, or, if there is no mayor, 320
such other similar chief appointing authority of any city or city 321
school district; except as otherwise provided in division (A)(17) 322
or (C) of this section, this chapter does not exempt the chiefs 323
of police departments and chiefs of fire departments of cities or 324
civil service townships from the competitive classified service; 325
(4) The members of county or district licensing boards or 327
commissions and boards of revision, and deputy county auditors; 328
(5) All officers and employees elected or appointed by 330
either or both branches of the general assembly, and such 331
employees of the city legislative authority as are engaged in 332
legislative duties; 333
(6) All commissioned, WARRANT, and noncommissioned 335
officers and enlisted persons in the military service of the 337
state OHIO ORGANIZED MILITIA, including military appointees in 338
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the office of the adjutant general GENERAL'S DEPARTMENT; 339
(7)(a) All presidents, business managers, administrative 341
officers, superintendents, assistant superintendents, principals, 342
deans, assistant deans, instructors, teachers, and such employees 343
as are engaged in educational or research duties connected with 344
the public school system, colleges, and universities, as 345
determined by the governing body of the public school system, 346
colleges, and universities; 347
(b) The library staff of any library in the state 349
supported wholly or in part at public expense. 350
(8) Four clerical and administrative support employees for 352
each of the elective state officers; and three clerical and 353
administrative support employees for other elective officers and 354
each of the principal appointive executive officers, boards, or 355
commissions, except for civil service commissions, that are 356
authorized to appoint such clerical and administrative support 357
employees; 358
(9) The deputies and assistants of state agencies 360
authorized to act for and on behalf of the agency, or holding a 361
fiduciary or administrative relation to that agency and those 362
persons employed by and directly responsible to elected county 363
officials or a county administrator and holding a fiduciary or 364
administrative relationship to such elected county officials or 365
county administrator, and the employees of such county officials 366
whose fitness would be impracticable to determine by competitive 368
examination, provided that division (A)(9) of this section shall 369
not affect those persons in county employment in the classified 370
service as of September 19, 1961. Nothing in division (A)(9) of 371
this section applies to any position in a county department of 372
human services created pursuant to sections 329.01 to 329.10 of 373
the Revised Code. 374
(10) Bailiffs, constables, official stenographers, and 376
commissioners of courts of record, deputies of clerks of the 377
courts of common pleas who supervise, or who handle public moneys 378
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or secured documents, and such officers and employees of courts 379
of record and such deputies of clerks of the courts of common 380
pleas as the director of administrative services finds it 381
impracticable to determine their fitness by competitive 382
examination; 383
(11) Assistants to the attorney general, special counsel 385
appointed or employed by the attorney general, assistants to 386
county prosecuting attorneys, and assistants to city directors of 387
law; 388
(12) Such teachers and employees in the agricultural 390
experiment stations; such students in normal schools, colleges, 391
and universities of the state who are employed by the state or a 392
political subdivision of the state in student or intern 393
classifications; and such unskilled labor positions as the 394
director of administrative services or any municipal civil 395
service commission may find it impracticable to include in the 396
competitive classified service; provided such exemptions shall be 397
by order of the commission or the director, duly entered on the 398
record of the commission or the director with the reasons for 399
each such exemption; 400
(13) Any physician or dentist who is a full-time employee 402
of the department of mental health or the department of mental 403
retardation and developmental disabilities or of an institution 404
under the jurisdiction of either department; and physicians who 405
are in residency programs at the institutions; 406
(14) Up to twenty positions at each institution under the 408
jurisdiction of the department of mental health or the department 409
of mental retardation and developmental disabilities that the 410
department director determines to be primarily administrative or 411
managerial; and up to fifteen positions in any division of either 412
department, excluding administrative assistants to the director 413
and division chiefs, which are within the immediate staff of a 414
division chief and which the director determines to be primarily 415
and distinctively administrative and managerial; 416
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(15) Noncitizens of the United States employed by the 418
state, or its counties or cities, as physicians or nurses who are 419
duly licensed to practice their respective professions under the 420
laws of Ohio, or medical assistants, in mental, tuberculosis, or 421
chronic disease hospitals, or institutions; 422
(16) Employees of the governor's office; 424
(17) Fire chiefs and chiefs of police in civil service 426
townships appointed by boards of township trustees under section 427
505.38 or 505.49 of the Revised Code; 428
(18) Executive directors, deputy directors, and program 430
directors employed by boards of alcohol, drug addiction, and 431
mental health services under Chapter 340. of the Revised Code, 432
and secretaries of the executive directors, deputy directors, and 433
program directors; 434
(19) Superintendents, and management employees as defined 436
in section 5126.20 of the Revised Code, of county boards of 437
mental retardation and developmental disabilities; 438
(20) Physicians, nurses, and other employees of a county 440
hospital who are appointed pursuant to sections 339.03 and 339.06 441
of the Revised Code; 442
(21) The executive director of the state medical board, 444
who is appointed pursuant to division (B) of section 4731.05 of 445
the Revised Code; 446
(22) County directors of human services as provided in 448
section 329.02 of the Revised Code and administrators appointed 449
under section 329.021 of the Revised Code; 450
(23) A director of economic development who is hired 452
pursuant to division (A) of section 307.07 of the Revised Code; 453
(24) Chiefs of construction and compliance, of operations 455
and maintenance, and of licensing and certification in the 456
division of industrial compliance in the department of commerce; 457
(25) The executive director of a county transit system 459
appointed under division (A) of section 306.04 of the Revised 460
Code;
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(26) Up to five positions at each of the administrative 462
departments listed in section 121.02 of the Revised Code and at 463
the department of taxation, department of the adjutant general, 464
department of education, Ohio board of regents, bureau of 465
employment services, bureau of workers' compensation, industrial 466
commission, state lottery commission, and public utilities 467
commission of Ohio that the head of that administrative 468
department or of that other state agency determines to be
involved in policy development and implementation. The head of 469
the administrative department or other state agency shall set the 470
compensation for employees in these positions at a rate that is 471
not less than the minimum compensation specified in pay range 41 472
but not more than the maximum compensation specified in pay range 473
44 of salary schedule E-2 in section 124.152 of the Revised Code. 474
The authority to establish positions in the unclassified service 475
under division (A)(26) of this section is in addition to and does 476
not limit any other authority that an administrative department 477
or state agency has under the Revised Code to establish 478
positions, appoint employees, or set compensation. 479
(27) Employees of the department of agriculture employed 481
under section 901.09 of the Revised Code; 482
(28) For cities, counties, civil service townships, city 484
health districts, general health districts, and city school 486
districts, the deputies and assistants of elective or principal 487
executive officers authorized to act for and in the place of 488
their principals or holding a fiduciary relation to their
principals.
(B) The classified service shall comprise all persons in 490
the employ of the state and the several counties, cities, city 491
health districts, general health districts, and city school 492
districts thereof, not specifically included in the unclassified 493
service. Upon the creation by the board of trustees of a civil 494
service township civil service commission, the classified service 495
shall also comprise, except as otherwise provided in division 496
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(A)(17) or (C) of this section, all persons in the employ of 497
civil service township police or fire departments having ten or 498
more full-time paid employees. The classified service consists 499
of two classes, which shall be designated as the competitive 500
class and the unskilled labor class. 501
(1) The competitive class shall include all positions and 503
employments in the state and the counties, cities, city health 504
districts, general health districts, and city school districts 505
thereof, and upon the creation by the board of trustees of a 506
civil service township of a township civil service commission all 507
positions in civil service township police or fire departments 508
having ten or more full-time paid employees, for which it is 509
practicable to determine the merit and fitness of applicants by 510
competitive examinations. Appointments shall be made to, or 511
employment shall be given in, all positions in the competitive 512
class that are not filled by promotion, reinstatement, transfer, 513
or reduction, as provided in this chapter, and the rules of the 514
director of administrative services, by appointment from those 515
certified to the appointing officer in accordance with this 516
chapter. 517
(2) The unskilled labor class shall include ordinary 519
unskilled laborers. Vacancies in the labor class shall be filled 520
by appointment from lists of applicants registered by the 521
director. The director or the commission shall, by rule, SHALL 522
require an applicant for registration in the labor class to 524
furnish such evidence or take such tests as the director 525
considers proper with respect to age, residence, physical 526
condition, ability to labor, honesty, sobriety, industry, 527
capacity, and experience in the work or employment for which he 528
THE APPLICANT applies. Laborers who fulfill the requirements 529
shall be placed on the eligible list for the kind of labor or 530
employment sought, and preference shall be given in employment in 531
accordance with the rating received from such evidence or in such 532
tests. Upon the request of an appointing officer, stating the 533
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kind of labor needed, the pay and probable length of employment, 534
and the number to be employed, the director shall certify from 535
the highest on the list double the number to be employed; from 536
this number the appointing officer shall appoint the number 537
actually needed for the particular work. If more than one 538
applicant receives the same rating, priority in time of 539
application shall determine the order in which their names shall 540
be certified for appointment.
(C) A municipal or civil service township civil service 542
commission may place volunteer fire fighters FIREFIGHTERS who are 544
paid on a fee-for-service basis in either the classified or the 545
unclassified civil service. 546
Sec. 124.29. ANY PERSON WHO, AT THE TIME OF HOLDING AN 548
OFFICE OR POSITION IN THE PUBLIC SERVICE, ENTERS THE UNIFORMED 549
SERVICES, AS DEFINED IN SECTION 5903.01 OF THE REVISED CODE, IS 550
ENTITLED TO REINSTATEMENT IN ACCORDANCE WITH THE "UNIFORMED 551
SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994," 108 553
STAT. 3149, 38 U.S.C.A. 4301 TO 4333. 554
THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL ADOPT RULES 556
IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE 558
IMPLEMENTATION OF THIS SECTION.
Sec. 141.02. (A) The SALARIES OF THE adjutant general, 567
the assistant adjutant general FOR ARMY, the assistant adjutant 570
general for air, and the assistant quartermaster general shall BE 572
PAID ACCORDING TO DIVISIONS (B) AND (H) OF SECTION 124.15 OF THE 574
REVISED CODE. 576
(B) THE ADJUTANT GENERAL, THE ASSISTANT ADJUTANT GENERAL 579
FOR ARMY, THE ASSISTANT ADJUTANT GENERAL FOR AIR, AND THE 580
ASSISTANT QUARTERMASTER GENERAL SHALL receive the pay and BASIC 582
allowances FOR QUARTERS AND FOR SUBSISTENCE of their rank 583
according to the pay at the time prescribed for the armed forces 584
of the United States, except that the assistant adjutant general 585
for air shall not receive flying pay.
These salaries shall be paid according to the schedule 588
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established in division (B) of section 124.15 of the Revised 589
Code.
Sec. 145.30. (A) As used in this section and section 598
145.301 of the Revised Code: 599
(1) "Armed forces" of the United States includes the 601
following:
(a) Army, navy, air force, marine corps, coast guard, 603
auxiliary corps as established by congress, red cross nurse 604
serving with the army, navy, air force, or hospital service of 605
the United States, army nurse corps, navy nurse corps, full-time 606
service with the American red cross in a combat zone, and such 607
other service as may be designated by congress as included 608
therein; 609
(b) Personnel of the Ohio national guard, the Ohio 611
military reserve, the Ohio naval militia, and the reserve 612
components of any of the armed forces enumerated in division 613
(A)(1) of this section who are called to active duty pursuant to 614
an executive order issued by the president of the United States 615
or an act of congress; 616
(c) Persons on whom United States merchant marine veteran 618
status has been conferred for service aboard oceangoing merchant 619
ships in service to the United States during World War II. 620
(2) "State retirement system" means any of the following: 622
the police and firemen's disability and pension fund, public 623
employees retirement system, school employees retirement system, 624
state highway patrol retirement system, or the state teachers 625
retirement system.
(B) Upon re-employment REEMPLOYMENT in the public service 627
and completion of one year of service credit as covered by a 629
state retirement system or the Cincinnati retirement system, 630
within two years after an honorable discharge, and presentation 632
of an honorable discharge or certificate of service and subject 633
to rules adopted by the retirement board, any member of the 634
public employees retirement system who was a member with not less 635
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than one year of payroll deductions before entering active duty 636
with the armed forces and maintained membership in the public 637
employees retirement system as provided by section 145.41 of the 638
Revised Code, and who was or is out of active service as a public 639
employee by reason of having become a member of the armed forces 640
of the United States on active duty or service shall have such 641
military service, not in excess of ten years, considered as the 642
equivalent of prior service. Military service as established by 643
an honorable discharge or certificate of service, not in excess 644
of ten years, shall also be considered prior service for a person 645
who was a public employee and who has acquired service credit for 646
five years prior to, and within the one year preceding, the date 647
of entering on active duty in the armed forces of the United 648
States if such person was re-employed REEMPLOYED in the public 649
service within one year after an honorable discharge from the 651
armed forces and established a total service credit, as defined 652
in division (H) of section 145.01 of the Revised Code, of twenty 653
years exclusive of credit for military service. This division 654
shall not serve to cancel any military service credit earned or 655
granted prior to November 1, 1965. 656
(C) A member of the public employees retirement system is 658
ineligible to receive service credit under this section for any 659
year of military service credit used in the calculation of any 660
retirement benefit currently being paid to the member or payable 661
in the future under any other retirement program, except social 662
security, or used to obtain service credit pursuant to section 663
145.301 or 145.302 of the Revised Code. At the time such credit 664
is requested, the member shall certify on a form supplied by the 666
retirement board that the member does and will conform to this 667
requirement. This division does not cancel any military service 668
credit earned prior to March 15, 1979. 669
Sec. 718.01. (A) As used in this chapter: 678
(1) "Internal Revenue Code" means the Internal Revenue 680
Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended. 681
17
(2) "Schedule C" means internal revenue service schedule C 683
filed by a taxpayer pursuant to the Internal Revenue Code. 684
(3) "Form 2106" means internal revenue service form 2106 686
filed by a taxpayer pursuant to the Internal Revenue Code. 687
(4) "Intangible income" means income of any of the 689
following types: income yield, interest, dividends, or other 690
income arising from the ownership, sale, exchange, or other 691
disposition of intangible property including, but not limited to, 692
investments, deposits, money, or credits as those terms are 693
defined in Chapter 5701. of the Revised Code. 694
(B) No municipal corporation with respect to that income 696
which it may tax shall tax such income at other than a uniform 697
rate.
(C) No municipal corporation shall levy a tax on income at 699
a rate in excess of one per cent without having obtained the 700
approval of the excess by a majority of the electors of the 701
municipality voting on the question at a general, primary, or 702
special election. The legislative authority of the municipal 703
corporation shall file with the board of elections at least 704
seventy-five days before the day of the election a copy of the 705
ordinance together with a resolution specifying the date the 706
election is to be held and directing the board of elections to 707
conduct the election. The ballot shall be in the following form: 708
"Shall the Ordinance providing for a ... per cent levy on income 709
for (Brief description of the purpose of the proposed levy) be 710
passed? 711
FOR THE INCOME TAX 713
AGAINST THE INCOME TAX" 715
In the event of an affirmative vote, the proceeds of the 717
levy may be used only for the specified purpose. 718
(D) No municipal corporation shall exempt from such tax, 720
compensation for personal services of individuals over eighteen 721
years of age or the net profit from a business or profession. 722
(E) Nothing in this section shall prevent a municipal 724
18
corporation from permitting lawful deductions as prescribed by 725
ordinance. If a taxpayer's taxable income includes income 726
against which the taxpayer has taken a deduction for federal 727
income tax purposes as reportable on the taxpayer's form 2106, 728
and against which a like deduction has not been allowed by the 729
municipal corporation, the municipal corporation shall deduct 730
from the taxpayer's taxable income an amount equal to the 731
deduction shown on such form allowable against such income, to 732
the extent not otherwise so allowed as a deduction by the 733
municipal corporation. In the case of a taxpayer who has a net 734
profit from a business or profession that is operated as a sole 735
proprietorship, no municipal corporation may tax or use as the 736
base for determining the amount of the net profit that shall be 737
considered as having a taxable situs in the municipal 738
corporation, a greater amount than the net profit reported by the 739
taxpayer on schedule C filed in reference to the year in question 740
as taxable income from such sole proprietorship, except as 741
otherwise specifically provided by ordinance or regulation. 742
(F) No municipal corporation shall tax any of the 744
following:
(1) The military pay or allowances of members of the armed 746
forces of the United States AND OF MEMBERS OF THEIR RESERVE 747
COMPONENTS, INCLUDING THE OHIO NATIONAL GUARD; 749
(2) The income of religious, fraternal, charitable, 751
scientific, literary, or educational institutions to the extent 752
that such income is derived from tax-exempt real estate, 754
tax-exempt tangible or intangible property, or tax-exempt
activities; 755
(3) Except as otherwise provided in division (G) of this 757
section, intangible income; 758
(4) Compensation paid under section 3501.28 or 3501.36 of 760
the Revised Code to a person serving as a precinct election 761
official, to the extent that such compensation does not exceed 762
one thousand dollars annually. Such compensation in excess of 763
19
one thousand dollars may be subjected to taxation by a municipal
corporation. A municipal corporation shall not require the payer 764
of such compensation to withhold any tax from that compensation. 765
(5) Compensation paid to an employee of a transit 767
authority, regional transit authority, or regional transit 768
commission created under Chapter 306. of the Revised Code for 769
operating a transit bus or other motor vehicle for the authority 770
or commission in or through the municipal corporation, unless the 771
bus or vehicle is operated on a regularly scheduled route, the 772
operator is subject to such a tax by reason of residence or
domicile in the municipal corporation, or the headquarters of the 773
authority or commission is located within the municipal 774
corporation.
(G) Any municipal corporation that taxes any type of 776
intangible income on March 29, 1988, pursuant to Section 3 of 777
Amended Substitute Senate Bill No. 238 of the 116th General 778
Assembly GENERAL ASSEMBLY, may continue to tax that type of 780
income after 1988 if a majority of the electors of the municipal 781
corporation voting on the question of whether to permit the 782
taxation of that type of intangible income after 1988 vote in
favor thereof at an election held on November 8, 1988. 783
(H) Nothing in this section or section 718.02 of the 785
Revised Code, shall authorize the levy of any tax on income which 786
a municipal corporation is not authorized to levy under existing 787
laws or shall require a municipal corporation to allow a 788
deduction from taxable income for losses incurred from a sole 789
proprietorship or partnership. 790
Sec. 1737.301. (A) As used in this section: 799
(1) "Eligible person" means any person who, at the time a 801
reservist is called or ordered to active duty, is covered under a 802
group contract and is either of the following: 803
(a) An employee who is a reservist called or ordered to 805
active duty; 806
(b) The spouse or a dependent child of an employee 808
20
described in division (A)(1)(a) of this section. 809
(2) "Group contract" includes any group medical care 811
corporation contract that satisfies all of the following: 812
(a) The contract is delivered, issued for delivery, or 814
renewed in this state on or after the effective date of this 815
section APRIL 17, 1991. 816
(b) The contract provides a health care plan covering 818
professional services, applicances APPLIANCES, and supplies for 819
employees. 820
(c) The contract is in effect and covers an eligible 822
person at the time a reservist is called or ordered to active 823
duty. 824
(3) "Reservist" means a member of a reserve component of 826
the armed forces of the United States. "Reservist" includes a 827
member of the Ohio national guard and the Ohio air national 829
guard.
(B) Every group contract shall provide that any eligible 831
person may continue the coverage under the contract for a period 832
of eighteen months after the date on which the coverage would 833
otherwise terminate because the reservist is called or ordered to 834
active duty. 835
(C)(1) An eligible person may extend the eighteen-month 837
period of continuation of coverage to a thirty-six-month period 838
of continuation of coverage, if any of the following occurs 839
during the eighteen-month period: 840
(a) The death of the reservist; 842
(b) The divorce or separation of a reservist from the 844
reservist's spouse; 845
(c) The cessation of dependency of a child pursuant to the 847
terms of the contract. 848
(2) The thirty-six-month period of continuation of 850
coverage is deemed to begin on the date on which the coverage 851
would otherwise terminate because the reservist is called or 852
ordered to active duty. 853
21
(3) The employer may begin the thirty-six-month period on 855
the date of any occurrence described in division (C)(1) of this 856
section. 857
(D) All of the following apply to any continuation of 859
coverage, or the extension of any continuation of coverage, 860
provided under division (B) or (C) of this section: 861
(1) The continuation of coverage shall provide the same 863
benefits as those provided to any similarly situated eligible 864
person who is covered under the same group contract and an 865
employee who has not been called or ordered to active duty. 866
(2)(a) An employer shall notify each employee of the right 868
of continuation of coverage at the time of employment. At the 869
time the reservist is called or ordered to active duty, the 870
employer shall notify each eligible person of the requirements 871
for the continuation of coverage. 872
(b) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY FOR LESS 875
THAN THIRTY-ONE DAYS SHALL NOT BE REQUIRED TO PAY MORE THAN THE 876
EMPLOYEE SHARE, IF ANY, FOR THE COVERAGE. 877
(3) Each certificate of coverage issued by a medical care 879
corporation to an employee under the group contract shall include 880
a notice of the eligible person's right of continuation of 881
coverage. 882
(4) An eligible person shall file a written election of 884
continuation of coverage with the employer and pay the employer 885
the first contribution required under division (D)(5) of this 886
section. The written election and payment must be received by 887
the employer no later than thirty-one days after the date on 888
which the eligible person's coverage would otherwise terminate. 889
If the employer notifies the eligible person of the right of 890
continuation of coverage after the date on which the eligible 891
person's coverage would otherwise terminate, the written election 892
and payment must be received by the employer no later than 893
thirty-one days after the date of the notification. 894
(5)(a) Except as provided in division (D)(5)(b) of this 896
22
section, the eligible person shall pay to the employer, on a 897
monthly basis and in advance, the amount of contribution required 898
by the employer. The amount shall not exceed one hundred two per 899
cent of the group rate for the coverage being continued under the 900
group contract on the due date of each payment. 901
(b) The employer may pay a portion or all of the eligible 903
person's contribution. 904
(E) The eligible person's right to any continuation of 906
coverage, or the extension of any continuation of coverage, 907
provided under division (B) or (C) of this section ceases on the 908
date on which any of the following occurs: 909
(1) The eligible person, whether as an employee or 911
otherwise, becomes covered by another group contract or other 912
group health plan or arrangement that does not contain any 913
exclusion or limitation with respect to any preexisting condition 914
of that eligible person. For purposes of division (E)(1) of this 915
section, a group contract or other group health plan or 916
arrangement does not include the civilian health and medical 917
program of the uniformed services as defined in Public Law 918
99-661, 100 Stat. 3898 (1986), 10 U.S.C.A. 1072. 919
(2) The period of either eighteen months provided under 921
division (B) of this section or thirty-six months provided under 922
division (C) of this section expires. 923
(3) The eligible person fails to make a timely payment of 925
a required contribution, in which case the coverage ceases at the 926
end of the period of coverage for which contributions were made. 927
(4) The group contract, or participation under the group 929
contract, is terminated, unless the employer, in accordance with 930
division (F) of this section, replaces the coverage with similar 931
coverage under another group contract or other group health plan 932
or arrangement. 933
(F) If the employer replaces the group contract with 935
similar coverage as described in division (E)(4) of this section, 936
both of the following apply: 937
23
(1) The eligible person is covered under the replacement 939
coverage for the balance of the period that he THE ELIGIBLE 940
PERSON would have remained covered under the terminated coverage 941
if it had not been terminated. 943
(2) The level of benefits under the replacement coverage 945
is the same as the level of benefits provided to any similarly 946
situated eligible person who is covered under the same group 947
contract and an employee who has not been called or ordered to 948
active duty. 949
(G) Upon the reservist's release from active duty and his 951
return to employment for the employer by whom he THE RESERVIST 952
was employed at the time he was OF BEING called or ordered to 953
active duty, both of the following apply: 954
(1) Every eligible person is entitled, without any waiting 956
period, to coverage under the employer's group contract that is 957
in effect at the time of the reservist's return to employment. 958
(2) Every eligible person is entitled to all benefits 960
under the group contract described in division (G)(1) of this 961
section from the date of the original coverage under the 962
contract. 963
(H)(1) No medical care corporation shall fail to provide 965
for a continuation of coverage, or an extension of a continuation 966
of coverage, in a group contract as required by and in accordance 967
with the terms and conditions set forth under this section. 968
(2) No medical care corporation shall fail to issue a 970
certificate of coverage in compliance with division (D)(3) of 971
this section. 972
(3) No employer shall fail to provide an employee or 974
eligible person with notice of the right to a continuation of 975
coverage under a group contract in accordance with division 976
(D)(2) of this section. 977
(I) Whoever violates division (H)(1), (2), or (3) of this 979
section is deemed to have engaged in an unfair and deceptive act 980
or practice in the business of insurance under sections 3901.19 981
24
to 3901.26 of the Revised Code. 982
(J) This section does not apply to any group contract that 984
is subject to section 5923.051 of the Revised Code. 985
Sec. 1738.261. (A) As used in this section: 994
(1) "Eligible person" means any person who, at the time a 996
reservist is called or ordered to active duty, is covered under a 997
group contract and is either of the following: 998
(a) An employee who is a reservist called or ordered to 1,000
active duty; 1,001
(b) The spouse or a dependent child of an employee 1,003
described in division (A)(1)(a) of this section. 1,004
(2) "Group contract" includes any group health care 1,006
corporation contract that satisfies all of the following: 1,007
(a) The contract is delivered, issued for delivery, or 1,009
renewed in this state on or after the effective date of this 1,010
section APRIL 17, 1991. 1,011
(b) The contract provides for a limited type or scope of 1,013
health care services for employees. 1,014
(c) The contract is in effect and covers an eligible 1,016
person at the time a reservist is called or ordered to active 1,017
duty. 1,018
(3) "Reservist" means a member of a reserve component of 1,020
the armed forces of the United States. "Reservist" includes a 1,021
member of the Ohio national guard and the Ohio air national 1,023
guard.
(B) Every group contract shall provide that any eligible 1,025
person may continue the coverage under the contract for a period 1,026
of eighteen months after the date on which the coverage would 1,027
otherwise terminate because the reservist is called or ordered to 1,028
active duty. 1,029
(C)(1) An eligible person may extend the eighteen-month 1,031
period of continuation of coverage to a thirty-six-month period 1,032
of continuation of coverage, if any of the following occurs 1,033
during the eighteen-month period: 1,034
25
(a) The death of the reservist; 1,036
(b) The divorce or separation of a reservist from the 1,038
reservist's spouse; 1,039
(c) The cessation of dependency of a child pursuant to the 1,041
terms of the contract. 1,042
(2) The thirty-six-month period of continuation of 1,044
coverage is deemed to begin on the date on which the coverage 1,045
would otherwise terminate because the reservist is called or 1,046
ordered to active duty. 1,047
(3) The employer may begin the thirty-six-month period on 1,049
the date of any occurrence described in division (C)(1) of this 1,050
section. 1,051
(D) All of the following apply to any continuation of 1,053
coverage, or the extension of any continuation of coverage, 1,054
provided under division (B) or (C) of this section: 1,055
(1) The continuation of coverage shall provide the same 1,057
benefits as those provided to any similarly situated eligible 1,058
person who is covered under the same group contract and an 1,059
employee who has not been called or ordered to active duty. 1,060
(2)(a) An employer shall notify each employee of the right 1,062
of continuation of coverage at the time of employment. At the 1,063
time the reservist is called or ordered to active duty, the 1,064
employer shall notify each eligible person of the requirements 1,065
for the continuation of coverage. 1,066
(b) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY FOR LESS 1,069
THAN THIRTY-ONE DAYS SHALL NOT BE REQUIRED TO PAY MORE THAN THE 1,070
EMPLOYEE SHARE, IF ANY, FOR THE COVERAGE. 1,071
(3) Each certificate of coverage issued by a health care 1,073
corporation to an employee under the group contract shall include 1,074
a notice of the eligible person's right of continuation of 1,075
coverage. 1,076
(4) An eligible person shall file a written election of 1,078
continuation of coverage with the employer and pay the employer 1,079
the first contribution required under division (D)(5) of this 1,080
26
section. The written election and payment must be received by 1,081
the employer no later than thirty-one days after the date on 1,082
which the eligible person's coverage would otherwise terminate. 1,083
If the employer notifies the eligible person of the right of 1,084
continuation of coverage after the date on which the eligible 1,085
person's coverage would otherwise terminate, the written election 1,086
and payment must be received by the employer no later than 1,087
thirty-one days after the date of the notification. 1,088
(5)(a) Except as provided in division (D)(5)(b) of this 1,090
section, the eligible person shall pay to the employer, on a 1,091
monthly basis and in advance, the amount of contribution required 1,092
by the employer. The amount shall not exceed one hundred two per 1,093
cent of the group rate for the coverage being continued under the 1,094
group contract on the due date of each payment. 1,095
(b) The employer may pay a portion or all of the eligible 1,097
person's contribution. 1,098
(E) The eligible person's right to any continuation of 1,100
coverage, or the extension of any continuation of coverage, 1,101
provided under division (B) or (C) of this section ceases on the 1,102
date on which any of the following occurs: 1,103
(1) The eligible person, whether as an employee or 1,105
otherwise, becomes covered by another group contract or other 1,106
group health plan or arrangement that does not contain any 1,107
exclusion or limitation with respect to any preexisting condition 1,108
of that eligible person. For purposes of division (E)(1) of this 1,109
section, a group contract or other group health plan or 1,110
arrangement does not include the civilian health and medical 1,111
program of the uniformed services as defined in Public Law 1,112
99-661, 100 Stat. 3898 (1986), 10 U.S.C.A. 1072. 1,113
(2) The period of either eighteen months provided under 1,115
division (B) of this section or thirty-six months provided under 1,116
division (C) of this section expires. 1,117
(3) The eligible person fails to make a timely payment of 1,119
a required contribution, in which case the coverage ceases at the 1,120
27
end of the period of coverage for which contributions were made. 1,121
(4) The group contract, or participation under the group 1,123
contract, is terminated, unless the employer, in accordance with 1,124
division (F) of this section, replaces the coverage with similar 1,125
coverage under another group contract or other group health plan 1,126
or arrangement. 1,127
(F) If the employer replaces the group contract with 1,129
similar coverage as described in division (E)(4) of this section, 1,130
both of the following apply: 1,131
(1) The eligible person is covered under the replacement 1,133
coverage for the balance of the period that he THE ELIGIBLE 1,134
PERSON would have remained covered under the terminated coverage 1,135
if it had not been terminated. 1,137
(2) The level of benefits under the replacement coverage 1,139
is the same as the level of benefits provided to any similarly 1,140
situated eligible person who is covered under the group contract 1,141
and an employee who has not been called or ordered to active 1,142
duty. 1,143
(G) Upon the reservist's release from active duty and his 1,145
return to employment for the employer by whom he THE RESERVIST 1,146
was employed at the time he was OF BEING called or ordered to 1,147
active duty, both of the following apply: 1,149
(1) Every eligible person is entitled, without any waiting 1,151
period, to coverage under the employer's group contract that is 1,152
in effect at the time of the reservist's return to employment. 1,153
(2) Every eligible person is entitled to all benefits 1,155
under the group contract described in division (G)(1) of this 1,156
section from the date of the original coverage under the 1,157
contract. 1,158
(H)(1) No health care corporation shall fail to provide 1,160
for a continuation of coverage, or an extension of a continuation 1,161
of coverage, in a group contract as required by and in accordance 1,162
with the terms and conditions set forth under this section. 1,163
(2) No health care corporation shall fail to issue a 1,165
28
certificate of coverage in compliance with division (D)(3) of 1,166
this section. 1,167
(3) No employer shall fail to provide an employee or 1,169
eligible person with notice of the right to a continuation of 1,170
coverage under a group contract in accordance with division 1,171
(D)(2) of this section. 1,172
(I) Whoever violates division (H)(1), (2), or (3) of this 1,174
section is deemed to have engaged in an unfair and deceptive act 1,175
or practice in the business of insurance under sections 3901.19 1,176
to 3901.26 of the Revised Code. 1,177
(J) This section does not apply to any group contract that 1,179
is subject to section 5923.051 of the Revised Code. 1,180
Sec. 1742.341. (A) As used in this section: 1,189
(1) "Eligible person" means any person who, at the time a 1,191
reservist is called or ordered to active duty, is covered under a 1,192
group contract and is either of the following: 1,193
(a) An employee who is a reservist called or ordered to 1,195
active duty; 1,196
(b) The spouse or a dependent child of an employee 1,198
described in division (A)(1)(a) of this section. 1,199
(2) "Group contract" includes any group health maintenance 1,201
organization contract that satisfies all of the following: 1,202
(a) The contract is delivered, issued for delivery, or 1,204
renewed in this state on or after the effective date of this 1,205
section APRIL 17, 1991. 1,206
(b) The contract covers employees for health care 1,208
services, including basic health care services. 1,209
(c) The contract is in effect and covers an eligible 1,211
person at the time a reservist is called or ordered to active 1,212
duty. 1,213
(3) "Reservist" means a member of a reserve component of 1,215
the armed forces of the United States. "Reservist" includes a 1,216
member of the Ohio national guard and the Ohio air national 1,218
guard.
29
(B) Every group contract shall provide that any eligible 1,220
person may continue the coverage under the contract for a period 1,221
of eighteen months after the date on which the coverage would 1,222
otherwise terminate because the reservist is called or ordered to 1,223
active duty. 1,224
(C)(1) An eligible person may extend the eighteen-month 1,226
period of continuation of coverage to a thirty-six-month period 1,227
of continuation of coverage, if any of the following occurs 1,228
during the eighteen-month period: 1,229
(a) The death of the reservist; 1,231
(b) The divorce or separation of a reservist from the 1,233
reservist's spouse; 1,234
(c) The cessation of dependency of a child pursuant to the 1,236
terms of the contract. 1,237
(2) The thirty-six-month period of continuation of 1,239
coverage is deemed to begin on the date on which the coverage 1,240
would otherwise terminate because the reservist is called or 1,241
ordered to active duty. 1,242
(3) The employer may begin the thirty-six-month period on 1,244
the date of any occurrence described in division (C)(1) of this 1,245
section. 1,246
(D) All of the following apply to any continuation of 1,248
coverage, or the extension of any continuation of coverage, 1,249
provided under division (B) or (C) of this section: 1,250
(1) The continuation of coverage shall provide the same 1,252
benefits as those provided to any similarly situated eligible 1,253
person who is covered under the same group contract and an 1,254
employee who has not been called or ordered to active duty. 1,255
(2)(a) An employer shall notify each employee of the right 1,257
of continuation of coverage at the time of employment. At the 1,258
time the reservist is called or ordered to active duty, the 1,259
employer shall notify each eligible person of the requirements 1,260
for the continuation of coverage. 1,261
(b) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY FOR LESS 1,264
30
THAN THIRTY-ONE DAYS SHALL NOT BE REQUIRED TO PAY MORE THAN THE 1,265
EMPLOYEE SHARE, IF ANY, FOR THE COVERAGE. 1,266
(3) Each certificate of coverage issued by a health 1,268
maintenance organization to an employee under the group contract 1,269
shall include a notice of the eligible person's right of 1,270
continuation of coverage. 1,271
(4) An eligible person shall file a written election of 1,273
continuation of coverage with the employer and pay the employer 1,274
the first contribution required under division (D)(5) of this 1,275
section. The written election and payment must be received by 1,276
the employer no later than thirty-one days after the date on 1,277
which the eligible person's coverage would otherwise terminate. 1,278
If the employer notifies the eligible person of the right of 1,279
continuation of coverage after the date on which the eligible 1,280
person's coverage would otherwise terminate, the written election 1,281
and payment must be received by the employer no later than 1,282
thirty-one days after the date of the notification. 1,283
(5)(a) Except as provided in division (D)(5)(b) of this 1,285
section, the eligible person shall pay to the employer, on a 1,286
monthly basis and in advance, the amount of contribution required 1,287
by the employer. The amount shall not exceed one hundred two per 1,288
cent of the group rate for the coverage being continued under the 1,289
group contract on the due date of each payment. 1,290
(b) The employer may pay a portion or all of the eligible 1,292
person's contribution. 1,293
(E) The eligible person's right to any continuation of 1,295
coverage, or the extension of any continuation of coverage, 1,296
provided under division (B) or (C) of this section ceases on the 1,297
date on which any of the following occurs: 1,298
(1) The eligible person, whether as an employee or 1,300
otherwise, becomes covered by another group contract or other 1,301
group health plan or arrangement that does not contain any 1,302
exclusion or limitation with respect to any preexisting condition 1,303
of that eligible person. For purposes of division (E)(1) of this 1,304
31
section, a group contract or other group health plan or 1,305
arrangement does not include the civilian health and medical 1,306
program of the uniformed services as defined in Public Law 1,307
99-661, 100 Stat. 3898 (1986), 10 U.S.C.A. 1072. 1,308
(2) The period of either eighteen months provided under 1,310
division (B) of this section or thirty-six months provided under 1,311
division (C) of this section expires. 1,312
(3) The eligible person fails to make a timely payment of 1,314
a required contribution, in which case the coverage ceases at the 1,315
end of the period of coverage for which contributions were made. 1,316
(4) The group contract, or participation under the group 1,318
contract, is terminated, unless the employer, in accordance with 1,319
division (F) of this section, replaces the coverage with similar 1,320
coverage under another group contract or other group health plan 1,321
or arrangement. 1,322
(F) If the employer replaces the group contract with 1,324
similar coverage as described in division (E)(4) of this section, 1,325
both of the following apply: 1,326
(1) The eligible person is covered under the replacement 1,328
coverage for the balance of the period that he THE ELIGIBLE 1,329
PERSON would have remained covered under the terminated coverage 1,331
if it had not been terminated. 1,332
(2) The level of benefits under the replacement coverage 1,334
is the same as the level of benefits provided to any similarly 1,335
situated eligible person who is covered under the group contract 1,336
and an employee who has not been called or ordered to active 1,337
duty. 1,338
(G) Upon the reservist's release from active duty and his 1,340
return to employment for the employer by whom he THE RESERVIST 1,341
was employed at the time he was OF BEING called or ordered to 1,343
active duty, both of the following apply: 1,345
(1) Every eligible person is entitled, without any waiting 1,347
period, to coverage under the employer's group contract that is 1,348
in effect at the time of the reservist's return to employment. 1,349
32
(2) Every eligible person is entitled to all benefits 1,351
under the group contract described in division (G)(1) of this 1,352
section from the date of the original coverage under the 1,353
contract. 1,354
(H)(1) No health maintenance organization shall fail to 1,356
provide for a continuation of coverage, or an extension of a 1,357
continuation of coverage, in a group contract as required by and 1,358
in accordance with the terms and conditions set forth under this 1,359
section. 1,360
(2) No health maintenance organization shall fail to issue 1,362
a certificate of coverage in compliance with division (D)(3) of 1,363
this section. 1,364
(3) No employer shall fail to provide an employee or 1,366
eligible person with notice of the right to a continuation of 1,367
coverage under a group contract in accordance with division 1,368
(D)(2) of this section. 1,369
(I) Whoever violates division (H)(1), (2), or (3) of this 1,371
section is deemed to have engaged in an unfair and deceptive act 1,372
or practice in the business of insurance under sections 3901.19 1,373
to 3901.26 of the Revised Code. 1,374
(J) This section does not apply to any group contract that 1,376
is subject to section 5923.051 of the Revised Code. 1,377
Sec. 3319.13. Upon the written request of a teacher, or a 1,386
regular nonteaching school employee, a board of education may 1,387
grant a leave of absence for a period of not more than two 1,388
consecutive school years for educational or, professional, or 1,390
other purposes, and shall grant such leave where illness or other 1,391
disability is the reason for the request. Upon subsequent 1,392
request, such leave may be renewed by the board. Without 1,393
request, a board may grant similar leave of absence and renewals 1,394
thereof to any teacher or regular nonteaching school employee 1,395
because of physical or mental disability, but such teacher may 1,396
have a hearing on such unrequested leave of absence or its 1,397
renewals in accordance with section 3319.16 of the Revised Code, 1,398
33
and such nonteaching school employee may have a hearing on such 1,399
unrequested leave of absence or its renewals in accordance with 1,400
division (C) of section 3319.081 of the Revised Code. Upon the 1,401
return to service of a teacher or a nonteaching school employee 1,402
at the expiration of a leave of absence, he THE TEACHER OR 1,403
NONTEACHING SCHOOL EMPLOYEE shall resume the contract status 1,405
which he THE TEACHER OR NONTEACHING SCHOOL EMPLOYEE held prior to 1,406
such leave. Any teacher who leaves a teaching position to serve 1,407
FOR SERVICE in the armed UNIFORMED services or the auxiliaries 1,409
thereof organized to prosecute World War II, upon returning 1,410
honorably discharged from such service, shall resume the contract 1,411
status held prior to entering military service THE UNIFORMED 1,412
SERVICES, subject to passing a physical examination. Such 1,413
contract status shall be resumed at the first of the school 1,414
semester or the beginning of the school year following return 1,415
from the armed UNIFORMED services. FOR PURPOSES OF THIS SECTION 1,417
AND SECTION 3319.14 OF THE REVISED CODE, "Armed UNIFORMED 1,418
services" has AND "SERVICE IN THE UNIFORMED SERVICES" HAVE the 1,419
same meaning MEANINGS as defined in section 124.29 5903.01 of the 1,422
Revised Code.
Upon the return of a nonteaching school employee from a 1,424
leave of absence, the board may terminate the employment of a 1,425
person hired exclusively for the purpose of replacing the 1,426
returning employee while he THE RETURNING EMPLOYEE was on leave. 1,427
If, after the return of a nonteaching employee from leave, the 1,429
person employed exclusively for the purpose of replacing an 1,430
employee while he THE EMPLOYEE was on leave is continued in 1,432
employment as a regular nonteaching school employee or if he THE 1,433
PERSON is hired by the board as a regular nonteaching school 1,435
employee within a year after his employment as a replacement is 1,436
terminated, he THE PERSON shall, for purposes of section 3319.081 1,438
of the Revised Code, receive credit for his THE PERSON'S length 1,439
of service with the school district during such replacement 1,440
period in the following manner: 1,441
34
(A) If employed as a replacement for less than twelve 1,443
months, he THE PERSON shall be employed under a contract valid 1,444
for a period equal to twelve months less the number of months 1,446
employed as a replacement. At the end of such contract period, 1,447
if the person is reemployed it shall be under a two-year 1,448
contract. Subsequent reemployment shall be pursuant to division 1,449
(B) of section 3319.081 of the Revised Code. 1,450
(B) If employed as a replacement for twelve months or more 1,452
but less than twenty-four months, he THE PERSON shall be employed 1,454
under a contract valid for a period equal to twenty-four months 1,455
less the number of months employed as a replacement. Subsequent 1,456
reemployment shall be pursuant to division (B) of section 1,457
3319.081 of the Revised Code. 1,458
(C) If employed as a replacement for more than twenty-four 1,460
months, he THE PERSON shall be employed pursuant to division (B) 1,461
of section 3319.081 of the Revised Code. 1,462
For purposes of this section, employment during any part of 1,464
a month shall count as employment during the entire month. 1,465
Sec. 3319.14. Any teacher who has left, or leaves, a 1,474
teaching position, by resignation or otherwise, and within forty 1,475
school days thereafter entered, or enters, the armed UNIFORMED 1,476
services of the United States or the auxiliaries thereof, or such 1,478
other services as are specified in section 124.29 of the Revised 1,480
Code, and who has returned, or returns, from such WHOSE service 1,481
with a discharge IS CHARACTERIZED other than dishonorable AS 1,483
DESCRIBED IN THE "UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT 1,485
RIGHTS ACT OF 1994," 108 STAT. 3149, 38 U.S.C.A. 4304, shall be 1,486
reemployed by the board of education of the district in which he 1,487
THE TEACHER held such teaching position, under the same type of 1,489
contract as that which he THE TEACHER last held in such district, 1,491
if the teacher, within ninety days after such discharge, applies 1,492
to the board of education for reemployment IN ACCORDANCE WITH THE 1,493
"UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1,494
1994," 108 STAT. 3149, 38 U.S.C.A. 4312. Upon such application, 1,496
35
the teacher shall be re-employed REEMPLOYED at the first of the 1,497
next school semester, if the application is made not less than 1,499
thirty days prior to the first of the next school semester, in 1,500
which case the teacher shall be re-employed REEMPLOYED the first 1,501
of the following school semester, unless the board of education 1,503
waives the requirement for the thirty-day period. 1,504
For the purposes of seniority and placement on the salary 1,506
schedule, years of absence in the PERFORMING service of IN the 1,508
armed UNIFORMED services of the United States or the auxiliaries 1,509
thereof, shall be counted as though teaching service had been 1,510
performed during such time.
The board of education of the district in which such 1,512
teacher was employed and is re-employed REEMPLOYED under this 1,513
section may suspend the contract of the teacher whose services 1,515
become unnecessary by reason of the return of a teacher from 1,516
service in the armed UNIFORMED services or auxiliaries thereof, 1,517
in accordance with section 3319.17 of the Revised Code. 1,519
Sec. 3923.381. (A) As used in this section: 1,528
(1) "Eligible person" means any person who, at the time a 1,530
reservist is called or ordered to active duty, is covered under a 1,531
group policy and is either of the following: 1,532
(a) An employee who is a reservist called or ordered to 1,534
active duty; 1,535
(b) The spouse or a dependent child of an employee 1,537
described in division (A)(1)(a) of this section. 1,538
(2) "Group policy" includes any group sickness and 1,540
accident insurance policy that satisfies all of the following: 1,541
(a) The policy is delivered, issued for delivery, or 1,543
renewed in this state on or after the effective date of this 1,544
section APRIL 17, 1991. 1,545
(b) The policy covers employees for hospital, surgical, or 1,547
major medical insurance on an expense incurred or service basis, 1,548
other than for specified diseases or accidental injuries only. 1,549
(c) The policy is in effect and covers an eligible person 1,551
36
at the time a reservist is called or ordered to active duty. 1,552
(3) "Reservist" means a member of a reserve component of 1,554
the armed forces of the United States. "Reservist" includes a 1,555
member of the Ohio national guard and the Ohio air national 1,557
guard.
(B) Every group policy shall provide that any eligible 1,559
person may continue the coverage under the policy for a period of 1,560
eighteen months after the date on which the coverage would 1,561
otherwise terminate because the reservist is called or ordered to 1,562
active duty. 1,563
(C)(1) An eligible person may extend the eighteen-month 1,565
period of continuation of coverage to a thirty-six-month period 1,566
of continuation of coverage, if any of the following occurs 1,567
during the eighteen-month period: 1,568
(a) The death of the reservist; 1,570
(b) The divorce or separation of a reservist from the 1,572
reservist's spouse; 1,573
(c) The cessation of dependency of a child pursuant to the 1,575
terms of the policy. 1,576
(2)(a) The thirty-six-month period of continuation of 1,578
coverage is deemed to begin on the date on which the coverage 1,579
would otherwise terminate because the reservist is called or 1,580
ordered to active duty. 1,581
(b) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY FOR LESS 1,584
THAN THIRTY-ONE DAYS SHALL NOT BE REQUIRED TO PAY MORE THAN THE 1,585
EMPLOYEE SHARE, IF ANY, FOR THE COVERAGE. 1,586
(3) The employer may begin the thirty-six-month period on 1,588
the date of any occurrence described in division (C)(1) of this 1,589
section. 1,590
(D) All of the following apply to any continuation of 1,592
coverage, or the extension of any continuation of coverage, 1,593
provided under division (B) or (C) of this section: 1,594
(1) The continuation of coverage shall provide the same 1,596
benefits as those provided to any similarly situated eligible 1,597
37
person who is covered under the same group policy and an employee 1,598
who has not been called or ordered to active duty. 1,599
(2) An employer shall notify each employee of the right of 1,601
continuation of coverage at the time of employment. At the time 1,602
the reservist is called or ordered to active duty, the employer 1,603
shall notify each eligible person of the requirements for the 1,604
continuation of coverage. 1,605
(3) Each certificate of coverage issued by an insurer to 1,607
an employee under the group policy shall include a notice of the 1,608
eligible person's right of continuation of coverage. 1,609
(4) An eligible person shall file a written election of 1,611
continuation of coverage with the employer and pay the employer 1,612
the first contribution required under division (D)(5) of this 1,613
section. The written election and payment must be received by 1,614
the employer no later than thirty-one days after the date on 1,615
which the eligible person's coverage would otherwise terminate. 1,616
If the employer notifies the eligible person of the right of 1,617
continuation of coverage after the date on which the eligible 1,618
person's coverage would otherwise terminate, the written election 1,619
and payment must be received by the employer no later than 1,620
thirty-one days after the date of the notification. 1,621
(5)(a) Except as provided in division (D)(5)(b) of this 1,623
section, the eligible person shall pay to the employer, on a 1,624
monthly basis and in advance, the amount of contribution required 1,625
by the employer. The amount shall not exceed one hundred two per 1,626
cent of the group rate for the coverage being continued under the 1,627
group policy on the due date of each payment. 1,628
(b) The employer may pay a portion or all of the eligible 1,630
person's contribution. 1,631
(E) The eligible person's right to any continuation of 1,633
coverage, or the extension of any continuation of coverage, 1,634
provided under division (B) or (C) of this section ceases on the 1,635
date on which any of the following occurs: 1,636
(1) The eligible person, whether as an employee or 1,638
38
otherwise, enrolls in another group policy or other group health 1,639
plan or arrangement that does not contain any exclusion or 1,640
limitation with respect to any preexisting condition of that 1,641
eligible person. For purposes of division (E)(1) of this 1,642
section, a group policy or other group health plan or arrangement 1,643
does not include the civilian health and medical program of the 1,644
uniformed services as defined in Public Law 99-661, 100 Stat. 1,645
3898 (1986), 10 U.S.C.A. 1072. 1,646
(2) The period of either eighteen months provided under 1,648
division (B) of this section or thirty-six months provided under 1,649
division (C) of this section expires. 1,650
(3) The eligible person fails to make a timely payment of 1,652
a required contribution, in which case the coverage ceases at the 1,653
end of the period of coverage for which contributions were made. 1,654
(4) The group policy, or participation under the group 1,656
policy, is terminated, unless the employer, in accordance with 1,657
division (F) of this section, replaces the coverage with similar 1,658
coverage under another group policy or other group health plan or 1,659
arrangement. 1,660
(F) If the employer replaces the group policy with similar 1,662
coverage as described in division (E)(4) of this section, both of 1,663
the following apply: 1,664
(1) The eligible person is covered under the replacement 1,666
coverage for the balance of the period that he THE ELIGIBLE 1,667
PERSON would have remained covered under the terminated coverage 1,669
if it had not been terminated. 1,670
(2) The level of benefits under the replacement coverage 1,672
is the same as the level of benefits provided to any similarly 1,673
situated eligible person who is covered under the group policy 1,674
and an employee who has not been called or ordered to active 1,675
duty. 1,676
(G) Upon the reservist's release from active duty and his 1,678
return to employment for the employer by whom he THE RESERVIST 1,679
was employed at the time he was OF BEING called or ordered to 1,681
39
active duty, both of the following apply: 1,683
(1) Every eligible person is entitled, without any waiting 1,685
period, to coverage under the employer's group policy that is in 1,686
effect at the time of the reservist's return to employment. 1,687
(2) Every eligible person is entitled to all benefits 1,689
under the group policy described in division (G)(1) of this 1,690
section from the date of the original coverage under the policy. 1,691
(H)(1) No insurer shall fail to provide for a continuation 1,693
of coverage, or an extension of a continuation of coverage, in a 1,694
group policy as required by and in accordance with the terms and 1,695
conditions set forth under this section. 1,696
(2) No insurer shall fail to issue a certificate of 1,698
coverage in compliance with division (D)(3) of this section. 1,699
(3) No employer shall fail to provide an employee or 1,701
eligible person with notice of the right to a continuation of 1,702
coverage under a group policy in accordance with division (D)(2) 1,703
of this section. 1,704
(I) Whoever violates division (H)(1), (2), or (3) of this 1,706
section is deemed to have engaged in an unfair and deceptive act 1,707
or practice in the business of insurance under sections 3901.19 1,708
to 3901.26 of the Revised Code. 1,709
(J) This section does not apply to any group policy that 1,711
is subject to section 5923.051 of the Revised Code. 1,712
Sec. 3923.382. (A) As used in this section: 1,721
(1) "Eligible person" means any person who, at the time a 1,723
reservist is called or ordered to active duty, is covered under a 1,724
group plan and is either of the following: 1,725
(a) An employee who is a reservist called or ordered to 1,727
active duty; 1,728
(b) The spouse or a dependent child of an employee 1,730
described in division (A)(1)(a) of this section. 1,731
(2) "Group plan" includes any private or public employer 1,733
self-insurance plan that satisfies all of the following: 1,734
(a) The plan is established or modified in this state on 1,736
40
or after the effective date of this section APRIL 17, 1991. 1,738
(b) The plan provides, or provides payment for, health 1,740
benefits for employees resident in this state other than through 1,741
an insurer, health maintenance organization, health care 1,742
corporation, or medical care corporation. 1,743
(c) The plan is in effect and covers an eligible person at 1,745
the time a reservist is called or ordered to active duty. 1,746
(3) "Group rate" means the average monthly cost per 1,748
employee, over a period of at least twelve months of the 1,749
operation of a group plan, that would represent a group insurance 1,750
rate if the same coverage had been provided under a group 1,751
sickness and accident insurance policy. 1,752
(4) "Reservist" means a member of a reserve component of 1,754
the armed forces of the United States. "Reservist" includes a 1,755
member of the Ohio national guard and the Ohio air national 1,757
guard.
(B) Every group plan shall provide that any eligible 1,759
person may continue the coverage under the plan for a period of 1,760
eighteen months after the date on which the coverage would 1,761
otherwise terminate because the reservist is called or ordered to 1,762
active duty. 1,763
(C)(1) An eligible person may extend the eighteen-month 1,765
period of continuation of coverage to a thirty-six-month period 1,766
of continuation of coverage, if any of the following occurs 1,767
during the eighteen-month period: 1,768
(a) The death of the reservist; 1,770
(b) The divorce or separation of a reservist from the 1,772
reservist's spouse; 1,773
(c) The cessation of dependency of a child pursuant to the 1,775
terms of the plan. 1,776
(2)(a) The thirty-six-month period of continuation of 1,778
coverage is deemed to begin on the date on which the coverage 1,779
would otherwise terminate because the reservist is called or 1,780
ordered to active duty. 1,781
41
(b) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY FOR LESS 1,784
THAN THIRTY-ONE DAYS SHALL NOT BE REQUIRED TO PAY MORE THAN THE 1,785
EMPLOYEE SHARE, IF ANY, FOR THE COVERAGE. 1,786
(3) The employer may begin the thirty-six-month period on 1,788
the date of any occurrence described in division (C)(1) of this 1,789
section. 1,790
(D) All of the following apply to any continuation of 1,792
coverage, or the extension of any continuation of coverage, 1,793
provided under division (B) or (C) of this section: 1,794
(1) The continuation of coverage shall provide the same 1,796
benefits as those provided to any similarly situated eligible 1,797
person who is covered under the same group plan and an employee 1,798
who has not been called or ordered to active duty. 1,799
(2) An employer shall notify each employee of the right of 1,801
continuation of coverage at the time of employment. At the time 1,802
the reservist is called or ordered to active duty, the employer 1,803
shall notify each eligible person of the requirements for the 1,804
continuation of coverage. 1,805
(3) Each certificate or other evidence of coverage issued 1,807
by an employer to an employee under the group plan shall include 1,808
a notice of the eligible person's right of continuation of 1,809
coverage. 1,810
(4) An eligible person shall file a written election of 1,812
continuation of coverage with the employer and pay the employer 1,813
the first contribution required under division (D)(5) of this 1,814
section. The written election and payment must be received by 1,815
the employer no later than thirty-one days after the date on 1,816
which the eligible person's coverage would otherwise terminate. 1,817
If the employer notifies the eligible person of the right of 1,818
continuation of coverage after the date on which the eligible 1,819
person's coverage would otherwise terminate, the written election 1,820
and payment must be received by the employer no later than 1,821
thirty-one days after the date of the notification. 1,822
(5)(a) Except as provided in division (D)(5)(b) of this 1,824
42
section, the eligible person shall pay to the employer, on a 1,825
monthly basis and in advance, the amount of contribution required 1,826
by the employer. The amount shall not exceed one hundred two per 1,827
cent of the group rate for the coverage being continued under the 1,828
group plan on the due date of each payment. 1,829
(b) The employer may pay a portion or all of the eligible 1,831
person's contribution. 1,832
(E) The eligible person's right to any continuation of 1,834
coverage, or the extension of any continuation of coverage, 1,835
provided under division (B) or (C) of this section ceases on the 1,836
date on which any of the following occurs: 1,837
(1) The eligible person, whether as an employee or 1,839
otherwise, enrolls in another group plan or other group health 1,840
plan or arrangement that does not contain any exclusion or 1,841
limitation with respect to any preexisting condition of that 1,842
eligible person. For purposes of division (E)(1) of this 1,843
section, a group plan or other group health plan or arrangement 1,844
does not include the civilian health and medical program of the 1,845
uniformed services as defined in Public Law 99-661, 100 Stat. 1,846
3898 (1986), 10 U.S.C.A. 1072. 1,847
(2) The period of either eighteen months provided under 1,849
division (B) of this section or thirty-six months provided under 1,850
division (C) of this section expires. 1,851
(3) The eligible person fails to make a timely payment of 1,853
a required contribution, in which case the coverage ceases at the 1,854
end of the period of coverage for which contributions were made. 1,855
(4) The group plan, or participation under the group plan, 1,857
is terminated, unless the employer, in accordance with division 1,858
(F) of this section, replaces the coverage with similar coverage 1,859
under another group plan or other group health plan or 1,860
arrangement. 1,861
(F) If the employer replaces the group plan with similar 1,863
coverage as described in division (E)(4) of this section, both of 1,864
the following apply: 1,865
43
(1) The eligible person is covered under the replacement 1,867
coverage for the balance of the period that he THE ELIGIBLE 1,868
PERSON would have remained covered under the terminated coverage 1,870
if it had not been terminated. 1,871
(2) The level of benefits under the replacement coverage 1,873
is the same as the level of benefits provided to any similarly 1,874
situated eligible person who is covered under the group plan and 1,875
an employee who has not been called or ordered to active duty. 1,876
(G) Upon the reservist's release from active duty and his 1,878
return to employment for the employer by whom he THE RESERVIST 1,879
was employed at the time he was OF BEING called or ordered to 1,881
active duty, both of the following apply: 1,883
(1) Every eligible person is entitled, without any waiting 1,885
period, to coverage under the employer's group plan that is in 1,886
effect at the time of the reservist's return to employment. 1,887
(2) Every eligible person is entitled to all benefits 1,889
under the group plan described in division (G)(1) of this section 1,890
from the date of the original coverage under the plan. 1,891
(H)(1) No employer shall fail to provide for a 1,893
continuation of coverage, or an extension of a continuation of 1,894
coverage, in a group plan as required by and in accordance with 1,895
the terms and conditions set forth under this section. 1,896
(2) No employer shall fail to issue a certificate or other 1,898
evidence of coverage in compliance with division (D)(3) of this 1,899
section. 1,900
(3) No employer shall fail to provide an employee or 1,902
eligible person with notice of the right to a continuation of 1,903
coverage under a group plan in accordance with division (D)(2) of 1,904
this section. 1,905
(I) Whoever violates division (H)(1), (2), or (3) of this 1,907
section is deemed to have engaged in an unfair and deceptive act 1,908
or practice in the business of insurance under sections 3901.19 1,909
to 3901.26 of the Revised Code. 1,910
(J) This section does not apply to a group plan under 1,912
44
either of the following circumstances: 1,913
(1) The group plan is subject to section 5923.051 of the 1,915
Revised Code. 1,916
(2) The application of this section THAT is superseded, 1,918
preempted, prohibited, or otherwise precluded by federal law. 1,919
Sec. 4117.01. As used in this chapter: 1,928
(A) "Person," in addition to those included in division 1,930
(C) of section 1.59 of the Revised Code, includes employee 1,931
organizations, public employees, and public employers. 1,932
(B) "Public employer" means the state or any political 1,934
subdivision of the state located entirely within the state, 1,935
including, without limitation, any municipal corporation with a 1,936
population of at least five thousand according to the most recent 1,937
federal decennial census; county; township with a population of 1,938
at least five thousand in the unincorporated area of the township 1,939
according to the most recent federal decennial census; school 1,940
district; state institution of higher learning; public or special 1,942
district; state agency, authority, commission, or board; or other 1,943
branch of public employment.
(C) "Public employee" means any person holding a position 1,945
by appointment or employment in the service of a public employer, 1,946
including any person working pursuant to a contract between a 1,947
public employer and a private employer and over whom the national 1,948
labor relations board has declined jurisdiction on the basis that 1,949
the involved employees are employees of a public employer, 1,950
except: 1,951
(1) Persons holding elective office; 1,953
(2) Employees of the general assembly and employees of any 1,955
other legislative body of the public employer whose principal 1,956
duties are directly related to the legislative functions of the 1,957
body; 1,958
(3) Employees on the staff of the governor or the chief 1,960
executive of the public employer whose principal duties are 1,961
directly related to the performance of the executive functions of 1,962
45
the governor or the chief executive; 1,963
(4) Persons who are members of the OHIO organized militia, 1,965
while on active duty TRAINING OR PERFORMING DUTY UNDER SECTION 1,966
5919.29 OR 5923.12 OF THE REVISED CODE; 1,967
(5) Employees of the state employment relations board; 1,969
(6) Confidential employees; 1,971
(7) Management level employees; 1,973
(8) Employees and officers of the courts, assistants to 1,975
the attorney general, assistant prosecuting attorneys, and 1,976
employees of the clerks of courts who perform a judicial 1,977
function; 1,978
(9) Employees of a public official who act in a fiduciary 1,980
capacity, appointed pursuant to section 124.11 of the Revised 1,981
Code; 1,982
(10) Supervisors; 1,984
(11) Students whose primary purpose is educational 1,986
training, including graduate assistants or associates, residents, 1,987
interns, or other students working as part-time public employees 1,988
less than fifty per cent of the normal year in the employee's 1,989
bargaining unit; 1,990
(12) Employees of county boards of election; 1,992
(13) Seasonal and casual employees as determined by the 1,994
state employment relations board; 1,995
(14) Part-time faculty members of an institution of higher 1,997
education; 1,998
(15) Employees of the state personnel board of review; 2,000
(16) Employees of the board of directors of the Ohio 2,002
low-level radioactive waste facility development authority 2,003
created in section 3747.05 of the Revised Code.; 2,004
(17) Participants of the subsidized employment program 2,006
established under section 5101.82 of the Revised Code or the work 2,007
experience program established under section 5101.83 of the 2,008
Revised Code who perform a service for a public employer that the 2,009
public employer needs but is not performed by an employee of the 2,010
46
public employer.
(D) "Employee organization" means any labor or bona fide 2,012
organization in which public employees participate and that 2,013
exists for the purpose, in whole or in part, of dealing with 2,014
public employers concerning grievances, labor disputes, wages, 2,015
hours, terms, and other conditions of employment. 2,016
(E) "Exclusive representative" means the employee 2,018
organization certified or recognized as an exclusive 2,019
representative under section 4117.05 of the Revised Code. 2,020
(F) "Supervisor" means any individual who has authority, 2,022
in the interest of the public employer, to hire, transfer, 2,023
suspend, lay off, recall, promote, discharge, assign, reward, or 2,024
discipline other public employees; to responsibly direct them; to 2,025
adjust their grievances; or to effectively recommend such action, 2,026
if the exercise of that authority is not of a merely routine or 2,027
clerical nature, but requires the use of independent judgment, 2,028
provided that: 2,029
(1) Employees of school districts who are department 2,031
chairmen CHAIRPERSONS or consulting teachers shall not be deemed 2,032
supervisors; 2,033
(2) With respect to members of a police or fire 2,035
department, no person shall be deemed a supervisor except the 2,036
chief of the department or those individuals who, in the absence 2,037
of the chief, are authorized to exercise the authority and 2,038
perform the duties of the chief of the department. Where prior 2,039
to June 1, 1982, a public employer pursuant to a judicial 2,040
decision, rendered in litigation to which the public employer was 2,041
a party, has declined to engage in collective bargaining with 2,042
members of a police or fire department on the basis that those 2,043
members are supervisors, those members of a police or fire 2,044
department do not have the rights specified in this chapter for 2,045
the purposes of future collective bargaining. The state 2,046
employment relations board shall decide all disputes concerning 2,047
the application of division (F)(2) of this section. 2,048
47
(3) With respect to faculty members of a state institution 2,050
of higher education, heads of departments or divisions are 2,051
supervisors; however, no other faculty member or group of faculty 2,052
members is a supervisor solely because the faculty member or 2,053
group of faculty members participate in decisions with respect to 2,054
courses, curriculum, personnel, or other matters of academic 2,055
policy; 2,056
(4) No teacher as defined in section 3319.09 of the 2,058
Revised Code shall be designated as a supervisor or a management 2,059
level employee unless the teacher is employed under a contract 2,060
governed by section 3319.01, 3319.011, or 3319.02 of the Revised 2,061
Code and is assigned to a position for which a license deemed to 2,063
be for administrators under state board rules is required 2,064
pursuant to section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual 2,066
obligation of the public employer, by its representatives, and 2,067
the representatives of its employees to negotiate in good faith 2,068
at reasonable times and places with respect to wages, hours, 2,069
terms, and other conditions of employment and the continuation, 2,070
modification, or deletion of an existing provision of a 2,071
collective bargaining agreement, with the intention of reaching 2,072
an agreement, or to resolve questions arising under the 2,073
agreement. "To bargain collectively" includes executing a 2,074
written contract incorporating the terms of any agreement 2,075
reached. The obligation to bargain collectively does not mean 2,076
that either party is compelled to agree to a proposal nor does it 2,077
require the making of a concession. 2,078
(H) "Strike" means continuous concerted action in failing 2,080
to report to duty; willful absence from one's position; or 2,081
stoppage of work in whole from the full, faithful, and proper 2,082
performance of the duties of employment, for the purpose of 2,083
inducing, influencing, or coercing a change in wages, hours, 2,084
terms, and other conditions of employment. "Strike" does not
include a stoppage of work by employees in good faith because of 2,085
48
dangerous or unhealthful working conditions at the place of 2,086
employment that are abnormal to the place of employment. 2,087
(I) "Unauthorized strike" includes, but is not limited to, 2,089
concerted action during the term or extended term of a collective 2,090
bargaining agreement or during the pendency of the settlement 2,091
procedures set forth in section 4117.14 of the Revised Code in 2,092
failing to report to duty; willful absence from one's position; 2,093
stoppage of work; slowdown, or abstinence in whole or in part
from the full, faithful, and proper performance of the duties of 2,094
employment for the purpose of inducing, influencing, or coercing 2,095
a change in wages, hours, terms, and other conditions of 2,096
employment. "Unauthorized strike" includes any such action, 2,097
absence, stoppage, slowdown, or abstinence when done partially or 2,098
intermittently, whether during or after the expiration of the
term or extended term of a collective bargaining agreement or 2,099
during or after the pendency of the settlement procedures set 2,100
forth in section 4117.14 of the Revised Code. 2,101
(J) "Professional employee" means any employee engaged in 2,103
work that is predominantly intellectual, involving the consistent 2,105
exercise of discretion and judgment in its performance and 2,106
requiring knowledge of an advanced type in a field of science or 2,107
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished 2,108
from a general academic education or from an apprenticeship; or 2,109
an employee who has completed the courses of specialized 2,110
intellectual instruction and is performing related work under the 2,111
supervision of a professional person to become qualified as a 2,113
professional employee.
(K) "Confidential employee" means any employee who works 2,115
in the personnel offices of a public employer and deals with 2,116
information to be used by the public employer in collective 2,117
bargaining; or any employee who works in a close continuing 2,118
relationship with public officers or representatives directly 2,119
participating in collective bargaining on behalf of the employer. 2,120
49
(L) "Management level employee" means an individual who 2,122
formulates policy on behalf of the public employer, who 2,123
responsibly directs the implementation of policy, or who may 2,124
reasonably be required on behalf of the public employer to assist 2,125
in the preparation for the conduct of collective negotiations, 2,126
administer collectively negotiated agreements, or have a major 2,127
role in personnel administration. Assistant superintendents, 2,128
principals, and assistant principals whose employment is governed 2,129
by section 3319.02 of the Revised Code are management level 2,130
employees. With respect to members of a faculty of a state 2,131
institution of higher education, no person is a management level 2,132
employee because of the person's involvement in the formulation 2,133
or implementation of academic or institution policy. 2,134
(M) "Wages" means hourly rates of pay, salaries, or other 2,136
forms of compensation for services rendered. 2,137
(N) "Member of a police department" means a person who is 2,139
in the employ of a police department of a municipal corporation 2,140
as a full-time regular police officer as the result of an 2,142
appointment from a duly established civil service eligibility
list or under section 737.15 or 737.16 of the Revised Code, a 2,143
full-time deputy sheriff appointed under section 311.04 of the 2,144
Revised Code, a township constable appointed under section 509.01 2,146
of the Revised Code, or a member of a township police district 2,147
police department appointed under section 505.49 of the Revised 2,148
Code.
(O) "Members of the state highway patrol" means highway 2,150
patrol troopers and radio operators appointed under section 2,151
5503.01 of the Revised Code. 2,152
(P) "Member of a fire department" means a person who is in 2,154
the employ of a fire department of a municipal corporation or a 2,155
township as a fire cadet, full-time regular fire fighter 2,156
FIREFIGHTER, or promoted rank as the result of an appointment 2,158
from a duly established civil service eligibility list or under 2,159
section 505.38, 709.012, or 737.22 of the Revised Code. 2,160
50
(Q) "Day" means calendar day. 2,162
Sec. 4506.02. (A) Nothing in this chapter applies to any 2,171
person when engaged in the operation of any of the following: 2,172
(1) A farm truck; 2,174
(2) Fire equipment for a fire department, volunteer or 2,176
nonvolunteer fire company, fire district, or joint fire district; 2,177
(3) A public safety vehicle used to provide transportation 2,179
or emergency medical service for ill or injured persons; 2,180
(4) A recreational vehicle; 2,182
(5) A commercial motor vehicle within the boundaries of an 2,184
eligible unit of local government, if the person is employed by 2,185
the eligible unit of local government and is operating the 2,187
commercial motor vehicle for the purpose of removing snow or ice 2,188
from a roadway by plowing, sanding, or salting, but only if 2,189
either the employee who holds a commercial driver's license 2,190
issued under this chapter and ordinarily operates a commercial 2,191
motor vehicle for these purposes is unable to operate the 2,192
vehicle, or the employing eligible unit of local government 2,193
determines that a snow or ice emergency exists that requires 2,194
additional assistance;
(6) A VEHICLE OWNED BY THE DEPARTMENT OF DEFENSE AND 2,196
OPERATED BY ANY MEMBER OR UNIFORMED EMPLOYEE OF THE ARMED FORCES 2,197
OF THE UNITED STATES OR THEIR RESERVE COMPONENTS, INCLUDING THE 2,199
OHIO NATIONAL GUARD. THIS EXCEPTION DOES NOT APPLY TO UNITED 2,200
STATES RESERVE TECHNICIANS.
Nothing contained in division (A)(5) of this section shall 2,203
be construed as pre-empting PREEMPTING or superseding any law, 2,204
rule, or regulation of this state concerning the safe operation 2,205
of commercial motor vehicles. 2,206
(B) As used in this section: 2,208
(1) "Eligible unit of local government" means a village, 2,210
township, or county that has a population of not more than three 2,211
thousand persons according to the most recent federal census. 2,213
(2) "Farm truck" means a truck controlled and operated by 2,215
51
a farmer for use in the transportation to or from a farm, for a 2,216
distance of no more than one hundred fifty miles, of products of 2,217
the farm, including livestock and its products, poultry and its 2,218
products, floricultural and horticultural products, and in the 2,219
transportation to the farm, from a distance of no more than one 2,220
hundred fifty miles, of supplies for the farm, including tile, 2,221
fence, and every other thing or commodity used in agricultural, 2,222
floricultural, horticultural, livestock, and poultry production, 2,223
and livestock, poultry, and other animals and things used for 2,224
breeding, feeding, or other purposes connected with the operation 2,225
of the farm, when the truck is operated in accordance with this 2,226
division and is not used in the operations of a motor 2,227
transportation company or private motor carrier. 2,228
(3) "Public safety vehicle" has the same meaning as in 2,230
divisions (E)(1) and (3) of section 4511.01 of the Revised Code. 2,231
(4) "Recreational vehicle" includes every vehicle that is 2,233
defined as a recreational vehicle in section 4501.01 of the 2,234
Revised Code and is used exclusively for purposes other than 2,235
engaging in business for profit. 2,236
Sec. 5101.312. (A) As used in this section: 2,245
(1) "Child support order" has the same meaning as in 2,247
section 2301.373 of the Revised Code. 2,248
(2) "Employer" means any employer with twenty-five or more 2,250
employees OTHER THAN AN EXECUTIVE AGENCY OF THE UNITED STATES, 2,252
except "employer" also means an employer with fewer than 2,253
twenty-five employees if the employer's business is one of the
following:
(a) Eating and drinking place; 2,255
(b) General building contractor; 2,257
(c) Construction--special trade contractor; 2,259
(d) Motor freight transportation and warehousing; 2,261
(e) Automotive dealer or gasoline service station; 2,263
(f) Automotive repair, services, and parking. 2,265
(3) "Obligor" means a person required to pay support under 2,267
52
a child support order. 2,268
(B) Effective January 1, 1996, an employer shall report in 2,271
writing to the department of human services the hiring, rehiring, 2,272
or return to work as an employee of a person who resides, works, 2,273
or will be assigned to work in this state to whom the employer 2,274
anticipates paying compensation.
(C) An employer shall include all of the following in each 2,276
report: 2,277
(1) The employee's name, address, and social security 2,279
number; 2,280
(2) The employer's name, address, and identification 2,282
number.
(D) An employer may make a report by submitting a copy of 2,284
the United States internal revenue service form W-4 (employee's 2,286
withholding allowance certificate) for the employee, a form
provided by the department, or any other hiring document or data 2,287
storage device or mechanism the department authorizes. An 2,288
employer may make the report by mail, fax, or other means the 2,289
department authorizes. If an employer makes a report by mail, 2,290
the date of making the report is the postmark date if the report 2,291
is mailed in the United States with first class postage and is 2,292
addressed as the department authorizes. An employer shall make 2,293
the report not later than thirty days after the date on which the 2,294
employer hires or rehires an employee or the employee returns to
work. 2,295
(E) The department shall use the reports it receives 2,297
pursuant to this section to locate obligors under child support 2,298
orders being administered by child support enforcement agencies 2,299
in this state and to detect fraud in any program administered by 2,300
the department. The department may submit to the bureau of 2,301
workers' compensation or the bureau of employment services a copy
of any report it receives from an employer pursuant to this 2,302
section. The department shall adopt rules in accordance with 2,303
Chapter 119. of the Revised Code to implement this section. In 2,304
53
adopting the rules, the department shall work with the bureau of 2,306
employment services for the purpose of identifying the industries
listed in division (A)(2) of this section by using the Standard 2,307
Industrial Classification codes established in the standard 2,309
industrial classification manual, 1987, published by the
executive office of the president, office of management and 2,310
budget.
(F) An employer who fails to make a report required by 2,312
this section shall be required by the department of human 2,313
services to pay a fee of twenty-five dollars for each failure to 2,314
make a report.
Sec. 5903.01. As used in section SECTIONS 5903.01 to 2,323
5903.05 AND 5903.02 of the Revised Code: 2,324
(A) "Permanent public employee" means any person holding a 2,326
position in public employment that requires working a regular 2,327
schedule of twenty-six consecutive bi-weekly BIWEEKLY pay 2,328
periods, or any other regular schedule of comparable consecutive 2,330
pay periods, which is not limited to a specific season or 2,331
duration. "Permanent public employee" does not include student 2,332
help; intermittent, seasonal, or external interim employees; or 2,333
individuals covered by personal services contracts. 2,334
(B) "Public employment" means employment by the state, or 2,336
any county, municipal corporation, or other civil or political 2,337
subdivision, including any department or agency thereof. 2,338
(C) "Public employer" means any government, department, or 2,340
agency mentioned in division (B) of this section. 2,341
(D) "Position" means employment, full-time, part-time, 2,343
probationary, or otherwise, held at the time of entrance into 2,344
military duty THE UNIFORMED SERVICES, but does not include 2,345
temporary or casual employment or an office filled by election. 2,349
(E) "Military duty" means training and service performed 2,351
by a member of the Ohio national guard, Ohio military reserve, or 2,352
Ohio naval militia, or by an inductee, enlistee, reservist, or 2,353
any entrant into a reserve component of the armed forces of the 2,354
54
United States, and time spent in reporting for and returning from 2,355
such service and training, or if a rejection occurs, from the 2,356
place of reporting therefor PERMANENT PRIVATE EMPLOYEE" MEANS ANY 2,358
PERSON HOLDING A POSITION WITH A PRIVATE EMPLOYER.
(F) "PRIVATE EMPLOYER" MEANS ANY PERSON, INSTITUTION, 2,360
ORGANIZATION, OR OTHER ENTITY THAT IS NOT A PUBLIC EMPLOYER AND 2,361
THAT PAYS SALARY OR WAGES FOR WORK PERFORMED OR THAT HAS CONTROL 2,362
OVER EMPLOYMENT OPPORTUNITIES. 2,363
(G) "SERVICE IN THE UNIFORMED SERVICES" MEANS THE 2,365
PERFORMANCE OF DUTY, ON A VOLUNTARY OR INVOLUNTARY BASIS, IN A 2,367
UNIFORMED SERVICE, UNDER COMPETENT AUTHORITY, AND INCLUDES ACTIVE 2,368
DUTY, ACTIVE DUTY FOR TRAINING, INITIAL ACTIVE DUTY FOR TRAINING, 2,369
INACTIVE DUTY FOR TRAINING, FULL-TIME NATIONAL GUARD DUTY, AND 2,370
PERFORMANCE OF DUTY OR TRAINING BY A MEMBER OF THE OHIO 2,371
ORGANIZED MILITIA PURSUANT TO CHAPTER 5923. OF THE REVISED CODE. 2,372
"SERVICE IN THE UNIFORMED SERVICES" INCLUDES ALSO THE PERIOD OF 2,373
TIME FOR WHICH A PERSON IS ABSENT FROM A POSITION OF PUBLIC OR 2,375
PRIVATE EMPLOYMENT FOR THE PURPOSE OF AN EXAMINATION TO DETERMINE 2,376
THE FITNESS OF THE PERSON TO PERFORM ANY DUTY DESCRIBED IN THIS
DIVISION. 2,377
(H) "UNIFORMED SERVICES" MEANS THE ARMED FORCES, THE OHIO 2,380
ORGANIZED MILITIA, WHEN ENGAGED IN ACTIVE DUTY FOR TRAINING, 2,381
INACTIVE DUTY TRAINING, OR FULL-TIME NATIONAL GUARD DUTY, THE 2,382
COMMISSIONED CORPS OF THE PUBLIC HEALTH SERVICE, AND ANY OTHER 2,383
CATEGORY OF PERSONS DESIGNATED BY THE PRESIDENT OF THE UNITED 2,386
STATES IN TIME OF WAR OR EMERGENCY. 2,387
Sec. 5903.02. (A) THE DETERMINATION OF REINSTATEMENT AND 2,389
REEMPLOYMENT RIGHTS OF PERMANENT PUBLIC EMPLOYEES AND PERMANENT 2,391
PRIVATE EMPLOYEES IN THE UNIFORMED SERVICES SHALL BE MADE IN 2,393
ACCORDANCE WITH THE "UNIFORMED SERVICES EMPLOYMENT AND 2,394
REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 38 U.S.C.A. 2,395
4301, ET. SEQ.
(B) THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL ADOPT 2,397
RULES FOR THE IMPLEMENTATION OF SECTION 5903.01 OF THE REVISED 2,398
55
CODE AND THIS SECTION.
Sec. 5911.011. The adjutant general is the (A) AS 2,407
director of state armories. He shall provide, THE ADJUTANT 2,408
GENERAL MAY ACQUIRE, DESIGN, CONSTRUCT, EXPAND, REHABILITATE, AND 2,409
CONVERT grounds, armories, airfields, and other buildings, and 2,410
facilities for the purpose PURPOSES of DEVELOPING, training, AND 2,412
OPERATING UNITS OF THE OHIO NATIONAL GUARD and for the 2,413
safekeeping of arms, clothing, equipment, and other STATE OR 2,415
FEDERAL military property issued to the Ohio national guard, OR 2,416
STATE PROPERTY ISSUED TO the Ohio military reserve, or the Ohio 2,417
naval militia, and.
(B) IN ACQUIRING GROUNDS, ARMORIES, AIRFIELDS, AND OTHER 2,419
FACILITIES FOR THE PURPOSES DESCRIBED IN DIVISION (A) OF THIS 2,420
SECTION, THE ADJUTANT GENERAL may purchase, lease PROPERTY for 2,422
any period of time not exceeding TERM UP TO ninety-nine years, 2,423
SUBJECT TO THE AVAILABILITY OF STATE FUNDS OR FEDERAL FUNDS 2,424
OBTAINED UNDER AN AGREEMENT BY WHICH THE UNITED STATES
CONTRIBUTES TO THE COST OF LEASING THE GROUNDS, ARMORY, AIRFIELD, 2,425
OR OTHER FACILITY, or THE ADJUTANT GENERAL MAY build suitable 2,426
buildings, airfields, and facilities for such THOSE purposes 2,428
when, in his judgment, it is for the best interest of the state 2,430
to do so. He shall
(C) THE ADJUTANT GENERAL MAY provide for the LEASING, 2,433
management, care, and maintenance of such THOSE grounds, 2,434
armories, airfields, buildings, and OTHER facilities and may 2,435
prescribe such rules for the management, government, and guidance 2,436
of the organizations and units occupying them as are necessary 2,437
and desirable. When promulgating such THOSE rules, the adjutant 2,438
general need not comply with Chapter 111. OR 119. of the Revised 2,439
Code.
Sec. 5911.03. (A) The adjutant general may receive gifts 2,449
of land, money, or other property for the purpose of aiding in 2,450
the acquisition of grounds and airfields, or the purchase, 2,452
building, furnishing, or maintaining of an armory, building 2,453
56
AIRFIELD, or other facility for military purposes. All 2,454
(B) ALL lands so acquired UNDER THIS SECTION shall be 2,457
deeded to the state, and all property received under this section 2,458
from any source shall become the property of this state, EXCEPT 2,459
AS MAY BE PROVIDED IN AN AGREEMENT BY WHICH THE UNITED STATES 2,460
CONTRIBUTES TO THE COST OF ACQUIRING, DESIGNING, OR CONSTRUCTING 2,461
THE GROUNDS, ARMORY, AIRFIELD, OR OTHER FACILITY USED FOR 2,462
DEVELOPING, TRAINING, AND OPERATING UNITS OF THE NATIONAL GUARD. 2,463
Sec. 5911.04 The adjutant general shall be governed in the 2,473
construction of armories, other buildings, facilities, and 2,474
airfields for military purposes by sections 153.01 to 153.20 and 2,476
153.50 to 153.60 of the Revised Code.
Sec. 5911.08. The (A) EXCEPT AS ALLOWED UNDER A PERMIT 2,486
ISSUED UNDER CHAPTER 4303. OF THE REVISED CODE, THE sale of BEER 2,488
OR intoxicating liquor in an armory, building, airfield, or other 2,490
facility used for training and for the safekeeping of arms,
clothing, equipment, and other military property belonging to the 2,491
Ohio national guard, the Ohio military reserve, or the Ohio naval 2,492
ORGANIZED militia provided for by section 5911.011 of the Revised 2,494
Code is prohibited and any.
(B) ANY person guilty of violating such prohibition 2,498
DIVISION (A) OF THIS SECTION shall be punished as a court-martial 2,499
directs PROVIDED IN CHAPTER 4303. OF THE REVISED CODE. 2,500
Sec. 5913.01. (A) The adjutant general shall be chief of 2,510
staff to IS the commander in chief and administrative head of the 2,512
OHIO organized militia. He THE ADJUTANT GENERAL shall be: 2,513
(1) BE provided offices in Columbus and SHALL keep them 2,515
open during usual business hours. He shall have; 2,517
(2) HAVE AND MAINTAIN custody of all military records, 2,519
correspondence, and other military documents. He shall 2,521
superintend OF THE OHIO ORGANIZED MILITIA; 2,522
(3) SUPERINTEND the preparation of all returns and reports 2,524
required by the United States from the state on military matters. 2,525
He shall keep; 2,526
57
(4) KEEP a roster of all officers of the military forces 2,528
of the state OHIO ORGANIZED MILITIA, including retired officers. 2,530
He shall, whenever;
(5) WHENEVER necessary, cause the military code, 2,532
PROVISIONS OF THE REVISED CODE AND THE orders, REGULATIONS, 2,534
PAMPHLETS, circulars, and memorandums of the adjutant general's 2,535
department to be printed and distributed to the commissioned 2,536
officers and organizations of the OHIO organized militia. He 2,539
shall prepare;
(6) PREPARE and issue all necessary books, blanks, and 2,542
notices. He shall OHIO ORGANIZED MILITIA FORMS AND attest TO all 2,545
commissions issued to military officers . He shall have OF THE 2,546
OHIO ORGANIZED MILITIA;
(7) HAVE a seal, and all copies of orders, records, and 2,548
papers in his THE ADJUTANT GENERAL'S office certified and 2,550
authenticated under said WITH THAT seal shall be COMPETENT 2,551
evidence in like manner as if the originals were produced. All 2,552
orders issued from his THE ADJUTANT GENERAL'S office shall be 2,553
authenticated with said BEAR A DUPLICATE OF THE seal. 2,554
He shall keep (8) KEEP and preserve the arms, ordnance, 2,557
equipment, and all other military property belonging to the state 2,558
or issued to the state by the federal government and he shall 2,559
make and issue such ANY regulations as are necessary to keep, 2,561
preserve, and repair such THE property as in his opinion 2,562
conditions demand. He shall issue such military;
(9) ISSUE ADJUTANT GENERAL'S property to the units of the 2,564
OHIO organized militia as the necessity of the service OR 2,567
ORGANIZATIONAL OR ALLOWANCE TABLES requires. He shall submit; 2,569
(10) SUBMIT an annual report to the governor at such time 2,571
as the governor requires of the transaction of his THE ADJUTANT 2,573
GENERAL'S department, setting forth the strength and condition of 2,574
the OHIO organized militia and such other matters as he deems 2,576
important. He THAT THE ADJUTANT GENERAL CHOOSES; 2,577
(11) COMMAND THE STATE AREA COMMAND OF THE OHIO NATIONAL 2,579
58
GUARD.
(B) THE ADJUTANT GENERAL shall issue and distribute all 2,582
orders ISSUED IN THE NAME of THE GOVERNOR AS the commander in 2,583
chief OF THE OHIO ORGANIZED MILITIA and perform such THE duties 2,585
as THAT the commander in chief GOVERNOR directs and such other 2,586
duties as are prescribed by law. 2,587
(C) THE ADJUTANT GENERAL MAY ENTER INTO COOPERATIVE 2,589
AGREEMENTS, CONTRACTUAL ARRANGEMENTS, OR AGREEMENTS FOR THE 2,590
ACCEPTANCE OF GRANTS WITH THE UNITED STATES OR ANY AGENCY OR 2,591
DEPARTMENT OF THE UNITED STATES, OTHER STATES, ANY DEPARTMENT OR 2,592
POLITICAL SUBDIVISION OF THIS STATE, OR ANY PERSON OR BODY 2,593
POLITIC, TO ACCOMPLISH THE PURPOSES OF THE ADJUTANT GENERAL'S 2,594
DEPARTMENT. THE ADJUTANT GENERAL SHALL COOPERATE WITH, AND NOT 2,595
INFRINGE UPON, THE RIGHTS OF OTHER STATE DEPARTMENTS, DIVISIONS, 2,596
BOARDS, COMMISSIONS, AND AGENCIES, POLITICAL SUBDIVISIONS, AND
OTHER PUBLIC OFFICIALS AND PUBLIC AND PRIVATE AGENCIES WHEN THE 2,598
INTERESTS OF THE ADJUTANT GENERAL'S DEPARTMENT AND THOSE OTHER 2,599
ENTITIES OVERLAP.
THE FUNDS MADE AVAILABLE BY THE UNITED STATES FOR THE 2,601
EXCLUSIVE USE OF THE DEPARTMENT SHALL BE EXPENDED ONLY BY THE 2,602
DEPARTMENT AND ONLY FOR THE PURPOSES FOR WHICH THE FEDERAL FUNDS 2,603
WERE APPROPRIATED. IN ACCEPTING FEDERAL FUNDS, THE DEPARTMENT 2,604
AGREES TO ABIDE BY THE TERMS AND CONDITIONS OF THE GRANT OR 2,605
COOPERATIVE AGREEMENT AND FURTHER AGREES TO EXPEND THE FEDERAL 2,606
FUNDS IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE UNITED 2,607
STATES.
Sec. 5913.02. (A) The military staff of the governor 2,616
shall MAY consist of an ANY OF THE FOLLOWING: 2,617
(1) AN adjutant general of IN the grade of major general, 2,620
upon whom WHO shall devolve PERFORM the duties of quartermaster 2,623
general; an
(2) AN assistant adjutant general for army of IN the grade 2,626
of brigadier MAJOR general; an
(3) AN assistant adjutant general for air of IN the grade 2,630
59
of brigadier MAJOR general; an
(4) AN assistant quartermaster general of IN the grade of 2,633
colonel; all of whom OR ANY RETIRED OFFICER WHO HAS APPROPRIATE 2,634
QUALIFICATIONS FOR THE POSITION, AS DETERMINED BY THE ADJUTANT
GENERAL AND THE GOVERNOR. 2,635
ALL PERSONS NAMED IN DIVISIONS (A)(1) TO (4) OF THIS 2,637
SECTION shall be appointed by the governor and shall hold office 2,638
during his THE GOVERNOR'S pleasure. The 2,640
(B) THE governor's military staff ALSO shall also include 2,643
four aides-de-camp, who shall be appointed by the governor and 2,645
hold office during his THE GOVERNOR'S pleasure. 2,646
Sec. 5913.021. (A) The adjutant general at the time of 2,656
appointment shall be a federally recognized officer of IN the 2,657
Ohio national guard of IN the grade of colonel or above, the. 2,659
(B) THE assistant adjutant general for army at the time of 2,661
appointment shall be a federally recognized officer of IN the 2,663
Ohio army national guard of IN the grade of lieutenant colonel or 2,664
above, the. 2,665
(C) THE assistant adjutant general for air at the time of 2,668
appointment shall be A federally recognized rated officer of IN 2,669
the Ohio air national guard of IN the grade of lieutenant colonel 2,670
or above, and the. 2,671
(D) THE assistant quartermaster general at the time of 2,674
appointment shall be a federally recognized officer of IN the 2,675
Ohio ARMY national guard of IN the grade of major LIEUTENANT 2,676
COLONEL or above, OR ANY RETIRED OFFICER WHO HAS APPROPRIATE 2,677
QUALIFICATIONS FOR THE POSITION, AS DETERMINED BY THE ADJUTANT 2,678
GENERAL AND THE GOVERNOR. The 2,679
(E) THE adjutant general, the assistant adjutant general 2,682
for the army, the assistant adjutant general for air, and the 2,683
assistant quartermaster general at the time of appointment shall 2,684
each have not less than ten years' commissioned service in the 2,685
armed forces of the United States, not less than five years of 2,686
such THAT service being in the Ohio national guard, and shall at 2,687
60
all times during their tenure of office be federally recognized 2,688
officers of the Ohio national guard.
(F) The provisions of this section relative to federal 2,690
recognition shall be suspended during any period of emergency 2,691
when the majority of the units of the Ohio national guard are in 2,692
the federal service, in which. IN THAT event, retired officers 2,695
of the Ohio national guard shall be eligible to serve as adjutant
general, assistant adjutant general for army, assistant adjutant 2,697
general for air, and assistant quartermaster general for the 2,698
duration of such emergency or until a majority of the units of 2,699
the Ohio national guard are released from federal service. 2,700
Sec. 5913.03. The adjutant general shall give bond in the 2,710
sum of thirty thousand dollars to the state conditioned upon the 2,711
faithful performance of his THE ADJUTANT GENERAL'S OFFICIAL 2,712
duties; the assistant adjutant general for army and the assistant 2,713
adjutant general for air shall give like bonds BOND in the sum of 2,714
ten thousand dollars; and the assistant quartermaster general 2,715
shall give a like bond in the sum of twenty thousand dollars. If 2,717
a surety bond is given, the premiums shall be paid out of funds 2,719
appropriated therefor FOR THE SURETY BOND. Said THESE bonds 2,720
shall be filed in the office of the secretary of state. All 2,721
other bonds given by the various officers of the OHIO organized 2,722
militia shall be filed and recorded in the office of the adjutant 2,724
general.
Sec. 5913.04. The GOVERNOR'S aides-de-camp shall be 2,733
detailed from the commissioned officers of the Ohio national 2,735
guard in active service from those of a grade below that of 2,736
colonel. Such THIS detail shall not add to the grade of the 2,738
officer so appointed. The officers detailed as aides-de-camp
shall not be relieved from duty with their respective 2,739
organizations, but shall perform all duties pertaining thereto, 2,740
except when on duty as aides-de-camp under orders of the governor 2,741
AS AN EXCEPTION TO THEIR USUAL DUTIES. 2,742
Sec. 5913.05. (A) The assistant adjutants general shall 2,752
61
serve in the office of the adjutant general, and aid him THE 2,754
ADJUTANT GENERAL by performing such THE duties as THAT the 2,756
adjutant general assigns them. In 2,758
(B) IN the absence or disability of the adjutant general, 2,760
the senior assistant adjutant general shall perform the duties of 2,762
the adjutant general. In 2,763
(C) IN the absence or disability of the adjutant general 2,765
and the senior assistant adjutant general, the junior assistant 2,766
adjutant general shall perform the duties of the adjutant 2,767
general.
Sec. 5913.051. To supplement the military staff of the 2,777
governor, the adjutant general shall MAY appoint an assistant to 2,778
the state area commander for readiness and training for army. 2,779
This assistant shall be a brigadier general and shall serve in 2,780
the office of AID the adjutant general and aid him and the state 2,781
area commander by performing such duties as THAT the adjutant 2,784
general assigns in the areas of readiness, training, and 2,785
mobilization. This assistant shall not be a full-time state 2,786
employee, but shall serve in his THAT capacity only during 2,787
federally recognized training, special duty periods, or 2,789
mobilization periods, and shall at the time of his appointment be 2,790
of IN the rank of colonel or above but otherwise meet the 2,792
qualifications established in section 5913.021 of the Revised 2,793
Code.
Sec. 5913.06. (A) The assistant quartermaster general, 2,803
under direction of the adjutant general as quartermaster general, 2,804
shall have charge of all military AND OTHER DEPARTMENTAL 2,805
property belonging to the state. The 2,806
(B) THE assistant quartermaster general shall keep an 2,808
accurate account thereof OF STATE MILITARY AND OTHER DEPARTMENTAL 2,810
PROPERTY and shall make such returns and PREPARE reports as the 2,812
adjutant general directs. He 2,813
(C) THE ASSISTANT QUARTERMASTER GENERAL shall perform such 2,816
other duties as are assigned to him by the adjutant general. In 2,817
62
(D) IN the absence or disability of the adjutant general, 2,821
and the assistant adjutants general, the assistant quartermaster 2,822
general shall perform the duties of the adjutant general. 2,823
Sec. 5913.07. (A) Any person who has served as a member 2,833
of the OHIO organized militia of Ohio or of the armed forces of 2,836
the United States, or both, for a period of three TWENTY years, 2,837
one year EIGHT YEARS of which has HAVE been served as a 2,838
commissioned officer of the Ohio state guard, the Ohio state
naval ORGANIZED militia, or the Ohio military reserve may, at his 2,840
own THE PERSON'S request and upon approval of the adjutant 2,841
general, MAY be placed upon the reserve RETIRED list, which shall 2,842
be kept in the office of the adjutant general. Such 2,843
(B) RETIRED officers shall receive no compensation FROM 2,845
THE STATE for their services except as provided in this section, 2,848
but shall be permitted MAY on all occasions of ceremony to wear 2,849
the uniform of their rank. The commander in chief 2,850
(C) THE ADJUTANT GENERAL may assign or detail such RETIRED 2,853
officers upon duty and when so assigned or detailed, they shall
receive the same pay and allowances as officers on the active 2,854
list of the ELEMENT OF THE OHIO organized militia assigned, 2,855
detailed, or employed under like condition. 2,856
Sec. 5913.08. The adjutant general shall have HAS general 2,866
direction over the state arsenal, state camp grounds, and other 2,868
military AND OTHER ADJUTANT GENERAL'S DEPARTMENT property of 2,869
BELONGING TO the state. He shall THE ADJUTANT GENERAL MAY employ 2,870
such labor thereat EMPLOYEES as the governor deems the 2,871
necessities and best interests of the state require NECESSARY TO 2,873
CARRY OUT THE DUTIES OF THE ADJUTANT GENERAL'S DEPARTMENT. 2,874
Sec. 5913.09. (A) The adjutant general shall be IS the 2,886
custodian of all military AND OTHER ADJUTANT GENERAL'S DEPARTMENT
property, both real and personal, belonging to the state. 2,887
He (B) THE ADJUTANT GENERAL may make such changes and 2,891
improvements in such TO MILITARY AND OTHER ADJUTANT GENERAL'S
DEPARTMENT property as the needs of the state AND FEDERAL 2,894
63
GOVERNMENT and the exigencies of the service require. All 2,896
improvements made upon such THAT property belonging to the state, 2,898
from moneys received either all or in part from the state OR 2,899
FEDERAL GOVERNMENT, OR BOTH, become the property of the state, 2,900
EXCEPT AS MAY BE PROVIDED IN AN AGREEMENT AND CORRESPONDING 2,901
REGULATIONS BY WHICH THE UNITED STATES CONTRIBUTES TO THE COST OF 2,903
AN IMPROVEMENT. The
(C)(1) IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW 2,905
AND REGULATIONS, THE adjutant general may, with the approval of 2,907
the governor, MAY ACQUIRE BY PURCHASE lease, license, or rent 2,908
military OTHERWISE, REAL AND PERSONAL property of NECESSARY FOR 2,910
the state upon such terms and under such conditions as PURPOSES 2,912
OF the adjutant general considers appropriate and proper 2,914
DEPARTMENT. Except
(2) IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW 2,916
AND REGULATIONS, THE ADJUTANT GENERAL, WITH THE APPROVAL OF THE 2,917
ATTORNEY GENERAL, MAY ENTER INTO CONTRACTS FOR THE CONSTRUCTION, 2,918
REPAIR, RENOVATION, MAINTENANCE, AND OPERATION OF MILITARY OR 2,920
OTHER ADJUTANT GENERAL'S DEPARTMENT PROPERTY.
(3) IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW 2,922
AND REGULATIONS, THE ADJUTANT GENERAL, WITH THE APPROVAL OF THE 2,923
GOVERNOR, MAY LEASE OR EXCHANGE ALL OR PART OF ANY MILITARY OR 2,924
OTHER ADJUTANT GENERAL'S DEPARTMENT PROPERTY OR GRANT EASEMENTS 2,925
OR LICENSES, IF THE LEASE, EXCHANGE, EASEMENT, OR LICENSE IS
ADVANTAGEOUS TO THE STATE. 2,926
(4) ALL REAL PROPERTY OF THE ADJUTANT GENERAL'S DEPARTMENT 2,928
SHALL BE SOLD IN ACCORDANCE WITH SECTION 5911.10 OF THE REVISED 2,930
CODE.
(D) EXCEPT as otherwise provided in this section, all 2,932
receipts INCOME from any military OR OTHER ADJUTANT GENERAL'S 2,933
DEPARTMENT property of the state, not made a portion of the 2,935
company, troop, battery, DETACHMENT, SQUADRON, or other 2,936
organization funds by regulations, shall be credited to the funds
for the OPERATION AND maintenance of the Ohio national guard, 2,938
64
Ohio naval ORGANIZED militia, or the Ohio military reserve, as 2,939
the adjutant general directs, IN ACCORDANCE WITH APPLICABLE STATE 2,940
AND FEDERAL LAW AND REGULATIONS AND THE AGREEMENTS BY WHICH THE 2,941
UNITED STATES CONTRIBUTES TO THE COST OF OPERATION AND 2,942
MAINTENANCE OF THE OHIO NATIONAL GUARD. All income received from 2,944
seasonal rental units and recreational facilities at Camp Perry 2,945
shall be paid into the state treasury to the credit of the Camp 2,946
Perry clubhouse and rental activities fund, which is hereby 2,947
created.
Sec. 5913.10. (A) The adjutant general may prescribe and 2,957
enforce rules and police regulations for the range and ground 2,958
PROPERTY referred to in section 5913.09 of the Revised Code, as 2,959
he THE ADJUTANT GENERAL deems necessary for protection and 2,961
safety.
(B) IN PRESCRIBING REGULATIONS UNDER DIVISION (A) OF THIS 2,964
SECTION, THE ADJUTANT GENERAL NEED NOT COMPLY WITH CHAPTER 111.
OR 119. OF THE REVISED CODE. 2,965
Sec. 5913.17. No person shall enter an encampment of the 2,975
OHIO organized militia, or a camp or cantonment of any military 2,977
organization of the United States, when forbidden to do so, or, 2,978
having been permitted to enter therein THE ENCAMPMENT, shall 2,979
conduct himself BEHAVE in a disorderly manner or shall resist a 2,981
sentry or guard acting under orders to prevent such THAT entry or 2,982
disorderly conduct.
Sec. 5919.01. (A) The Ohio national guard shall consist 2,993
CONSISTS of such THOSE organizations and units as THAT are, under 2,995
the laws of the United States and the regulations promulgated in 2,996
pursuance thereof UNDER THEM, prescribed as the portion of the 2,997
ARMY OR AIR national guard of the United States apportioned 2,998
LOCATED and assigned to ORGANIZED WITHIN this state in accordance 2,999
with troop basis ACCORDING TO THE LOCATIONS, BRANCHES, 3,000
ORGANIZATIONS, AND ALLOTMENTS approved by the governor of Ohio 3,001
THIS STATE.
(B) The organizations and units of the Ohio national guard 3,003
65
shall conform to and be organized in accordance with ACCORDING TO 3,005
the ORGANIZATIONAL OR ALLOWANCE tables of organizations as 3,006
prescribed by the department of defense THE ARMY OR AIR FORCE AND 3,008
BY THE NATIONAL GUARD BUREAU for the national guard. In case of 3,009
an emergency or imminent danger thereof OF AN EMERGENCY, the 3,010
governor, as commander in chief, may increase the organized 3,011
military forces of the state in accordance with SIZE OF THE OHIO 3,012
NATIONAL GUARD ACCORDING TO the existing rules and regulations 3,014
governing the armed forces of the United States, as the exigency 3,015
of the occasion requires; and such. ANY organization and 3,016
increase may be made either pursuant to, or in advance of, any 3,018
call or order made by the president of the United States. 3,019
Sec. 5919.02. (A) All commissioned AND WARRANT officers of 3,030
the Ohio national guard shall be appointed by the governor as
commander in chief, upon the recommendation of the commanding 3,032
officers of the organizations to which such officers are to be 3,033
assigned for duty, and SHALL be commissioned OR WARRANTED 3,035
according to grade in UNDER the REGULATIONS OF THE department, 3,036
corps, arm, or service in which they are appointed OF THE ARMY OR 3,037
AIR FORCE AND THE NATIONAL GUARD BUREAU. No 3,038
(B) NO officer shall be commissioned OR WARRANTED until he 3,041
THE OFFICER has successfully passed tests as to his physical, 3,043
moral, and professional fitness as prescribed by REGULATIONS
PROMULGATED UNDER federal law for federal recognition as an A 3,044
COMMISSIONED OR WARRANT officer. 3,045
(C) General officers of the line shall be appointed from 3,048
the federally recognized eligible commissioned officers of the
ARMY OR AIR national guard of this state OR OF ANOTHER COMPONENT 3,049
OF THE ARMED FORCES OF THE UNITED STATES, who shall have served 3,051
at least fifteen years as a commissioned officer in the ARMY OR 3,052
AIR national guard or in another component of the armed forces of 3,053
the United States, or both. At least ten years of such service 3,054
shall have been with troops.
Sec. 5919.04. (A) The governor ADJUTANT GENERAL may issue 3,065
66
such regulations AND OTHER PUBLICATIONS governing the appointment 3,066
of officers in the Ohio national guard and such ALL other matters 3,067
pertaining to the Ohio national guard as are necessary to conform 3,068
to the requirements made OR AUTHORIZED by congress for 3,069
participation in federal appropriations for the national guard. 3,070
(B) IN ISSUING REGULATIONS AND OTHER PUBLICATIONS UNDER 3,072
DIVISION (A) OF THIS SECTION, THE ADJUTANT GENERAL NEED NOT 3,073
COMPLY WITH CHAPTER 111. OR 119. OF THE REVISED CODE. 3,074
Sec. 5919.071. Any person, commissioned or warranted as an 3,084
officer in the Ohio national guard, shall hold his THE commission 3,085
or warrant during the period of his THE PERSON'S federal 3,086
recognition. The termination or withdrawal by the department of 3,087
defense THE ARMY OR AIR FORCE of the federal recognition of any 3,089
commissioned or warrant officer IN THE ARMY OR AIR NATIONAL GUARD 3,090
OF THE UNITED STATES shall terminate his THE PERSON'S commission 3,092
OR WARRANT in the Ohio national guard.
Sec. 5919.09. Original enlistments ENLISTMENTS in the Ohio 3,102
national guard and all subsequent enlistments shall be for the 3,103
period prescribed by act of congress AND PUBLICATIONS OF THE 3,104
ARMY, AIR FORCE, AND NATIONAL GUARD BUREAU. 3,105
Sec. 5919.12. An A COMMISSIONED OR WARRANT officer of the 3,115
Ohio national guard may be honorably discharged by the GOVERNOR 3,116
AS commander in chief upon tender of his THE OFFICER'S 3,118
resignation, in conformity with the requirements of the 3,119
department of defense THE ARMY OR AIR FORCE AND THE NATIONAL 3,120
GUARD BUREAU, provided he BUT THE OFFICER shall not be discharged 3,121
until he THE OFFICER has accounted for all state and United 3,122
States property and all public moneys for which he THE OFFICER is 3,123
responsible. 3,124
Sec. 5919.13. (A) Any commissioned OR WARRANT officer who 3,135
has served as a member of the Ohio national guard for a period of 3,136
ten TWENTY years, five EIGHT of which have been as a commissioned 3,138
OR WARRANT officer, may at his own THE OFFICER'S request, and 3,139
shall upon termination of his THE OFFICER'S federal recognition, 3,140
67
be placed upon the retired list, which shall be kept in the 3,141
office of the adjutant general. Officer so retired 3,142
(B) RETIRED OFFICERS shall receive no compensation FROM 3,145
THE STATE for their services except as provided in this section, 3,146
but shall be permitted MAY on all occasions of ceremony to wear 3,147
the uniform of the grade upon which retired THEIR RANK. The 3,148
commander in chief
(C) THE ADJUTANT GENERAL may detail officers so A retired 3,151
upon OFFICER TO duty other than in the command of troops, and 3,152
when so detailed, they CONSISTENT WITH FEDERAL PUBLICATIONS. A 3,153
RETIRED OFFICER THEN shall receive like pay and allowances as 3,154
officers on the active list detailed or employed under like 3,155
conditions PRESCRIBED UNDER THE DEPARTMENT OF DEFENSE PAY MANUAL. 3,156
Sec. 5919.14. (A) At any time the moral character, 3,166
capacity, and general fitness for services, SERVICE of any Ohio 3,168
national guard officer may be determined by an efficiency A board 3,169
of three commissioned officers, appointed by the governor, who 3,170
shall be senior in rank, if practicable, to the officer whose 3,172
fitness for service is under investigation, and if the finding of 3,173
such board is unfavorable to such officer and is approved by the 3,174
governor, he the officer shall be discharged WHICH SHALL BE 3,175
CONVENED AND PROCEED ACCORDING TO PUBLICATIONS OF THE ARMY OR AIR 3,176
FORCE AND THE NATIONAL GUARD BUREAU.
(B) A BOARD OF OFFICERS CONVENED UNDER DIVISION (A) OF 3,178
THIS SECTION IS NOT A PUBLIC BODY SUBJECT TO SECTION 121.22 OF 3,179
THE REVISED CODE. 3,180
Sec. 5919.15. There shall be organized a national guard 3,190
reserve which shall consist of such organizations, officers, and 3,192
enlisted man, as the president of the United States prescribes. 3,193
Officers COMMISSIONED OFFICERS, WARRANT OFFICERS, and enlisted 3,194
men PERSONNEL of the Ohio national guard may be transferred to 3,195
the INACTIVE national guard reserve under such regulations as 3,196
THAT the president NATIONAL GUARD BUREAU prescribes. 3,199
Sec. 5919.16. Commissions of (A) COMMISSIONED AND WARRANT 3,210
68
officers of IN the Ohio national guard shall be vacated 3,211
DISCHARGED by THE ADJUTANT GENERAL UPON EITHER OF THE FOLLOWING: 3,212
(1) THE OFFICER'S resignation, by termination; 3,214
(2) APPROVAL OF A BOARD'S RECOMMENDATION FOR WITHDRAWAL of 3,216
federal recognition by the department of defense, absence CHIEF 3,218
OF THE NATIONAL GUARD BUREAU.
(B) AN OFFICER ALSO MAY BE DISCHARGED UNDER ANY OF THE 3,220
FOLLOWING CIRCUMSTANCES: 3,221
(1) PURSUANT TO OTHER FEDERAL REGULATIONS; 3,223
(2) IF ABSENT without leave for three months, upon 3,225
recommendation of an efficiency board, pursuant; 3,226
(3) PURSUANT to sentence by court-martial, or if such; 3,230
(4) IF THE officer has been convicted of an infamous A 3,232
crime CLASSIFIED AS A FELONY AS DESCRIBED IN DIVISION (D) OR (E) 3,234
OF SECTION 2901.02 OF THE REVISED CODE.
Sec. 5919.17. (A) An enlisted man PERSON discharged from 3,246
service in the Ohio national guard shall receive a discharge, in 3,247
writing, in such THE form and with such classification as is THE 3,248
CHARACTERIZATION prescribed for BY the regular army OR AIR FORCE. 3,249
In time of peace, discharges may be given prior to BEFORE the 3,251
expiration of terms of enlistment, under prescribed regulations, 3,252
subject to the ANY restrictions of the national defense act 3,253
CONTAINED IN ARMY OR AIR FORCE AND NATIONAL GUARD PUBLICATIONS. 3,254
(B) On termination of an emergency in which the officers 3,256
and enlisted men PERSONNEL of the Ohio national guard have been 3,257
called or drafted ORDERED into federal service by the president 3,259
of the United States, in accordance with ACCORDING TO the laws of 3,261
the United States, such called or drafted officers and enlisted
men THOSE PERSONS shall continue to serve in the Ohio national 3,263
guard until the dates upon which their commissions or enlistments 3,264
SERVICE OBLIGATIONS entered into prior to BEFORE the call or 3,265
draft ORDER into the federal service would have expired if 3,266
uninterrupted.
Sec. 5919.22. No officer or enlisted man PERSON may be 3,276
69
discharged from the Ohio national guard except as provided in 3,278
section 5919.01 to 5919.25, inclusive, of the Revised Code; nor 3,280
shall any officer be demoted for any cause except upon his 3,281
written consent; nor shall the enlistment of any eligible citizen 3,282
or alien who has declared his intention to become a citizen be 3,283
denied, except as provided in such sections BY PUBLICATIONS OF 3,284
THE ARMY OR AIR FORCE AND THE NATIONAL GUARD BUREAU. 3,285
Sec. 5919.25. The Ohio national guard shall, as far as 3,295
practicable, SHALL be uniformed, armed, and equipped with the 3,297
same type of uniforms, arms, and equipment as is provided for the 3,298
armed forces of the United States AIR FORCE OR ARMY. 3,299
Sec. 5919.28. The system of tactics, field exercises, and 3,309
training for the armed forces of the United States ARMY OR AIR 3,310
FORCE shall be the system of tactics, field exercises, and 3,312
training for the Ohio national guard.
Sec. 5919.29. (A) The governor as commander in chief may 3,323
order individuals and units of the Ohio national guard to perform 3,325
any training or duty authorized under the "Act of August 10, 3,326
1956," 70A Stat. 596, 32 U.S.C.A. 101-716 101 TO 716, and under 3,328
regulations prescribed by the president of the United States, the 3,330
secretary of defense, the secretary of the army, the secretary of 3,331
the air force, or the chief of the national guard bureau. 3,332
(B) When ordered by the governor to perform training or 3,334
duty under this section or section 5923.12 of the Revised Code, 3,336
members of the Ohio national guard shall have the protections 3,337
afforded to persons on federal active duty by "The Soldiers and 3,338
Sailors Civil Relief Act of 1940," 54 Stat. 1178, 50 App. 3,340
U.S.C.A. 501-548 and 560-591, AND BY THE "UNIFORMED SERVICES 3,342
EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 3,343
38 U.S.C.A. 4301 TO 4333. 3,344
Sec. 5919.30. There shall be an annual inspection (A) 3,354
INSPECTION of each organization and unit UNITS OF THE OHIO 3,356
NATIONAL GUARD SHALL BE CONDUCTED under such rules and 3,357
regulations as are prescribed under the National Defense Act by 3,358
70
the president of the United States or secretary of defense THE 3,359
ARMY OR SECRETARY OF THE AIR FORCE AND THE CHIEF OF THE NATIONAL 3,360
GUARD BUREAU. The 3,362
(B) THE adjutant general or an officer acting under his 3,365
THE ADJUTANT GENERAL'S authority may make such other inspections 3,366
as are considered necessary by the adjutant general.
Sec. 5919.32. While one duty under the authority of the 3,376
department of defense of the United States, and in going to and 3,377
returning therefrom, officers and enlisted men of the Ohio 3,379
national guard shall receive such pay and allowances as are 3,381
allowed by the department of defense. For attendance at armory
drill SATISFACTORILY PERFORMING INACTIVE DUTY FOR TRAINING, 3,382
ANNUAL TRAINING, AND ACTIVE DUTY FOR SPECIAL WORK, officers and 3,383
enlisted men PERSONNEL of the Ohio national guard shall receive 3,384
such pay and allowances as are FROM THE UNITED STATES authorized 3,386
and allowed by the department of defense PAY MANUAL, subject to 3,387
such rules and regulations as may be promulgated by UNDER it. 3,388
Sec. 5919.33. Upon certification of availability of funds 3,398
by the director of budget and management, the adjutant general 3,399
shall pay a death benefit of twenty thousand dollars from the 3,400
appropriations for operating expenses, to the beneficiary or 3,402
beneficiaries of any member of the Ohio national guard who dies
while performing state active duty under orders issued by 3,403
competent authority. Provided such THE ADJUTANT GENERAL ON 3,404
BEHALF OF THE GOVERNOR, IF THE beneficiary or beneficiaries has 3,405
or have been so designated in a written statement as prescribed 3,406
by the adjutant general.
Sec. 5919.35. (A) THE STOCKAGE, ACCOUNTABILITY, ISSUANCE, 3,408
AND DISPENSING OF ANY DRUG, AS DEFINED IN SECTION 4729.02 OF THE 3,409
REVISED CODE, THAT IS ISSUED TO ANY UNIT OR MEMBER OF THE OHIO 3,410
NATIONAL GUARD IS GOVERNED EXCLUSIVELY BY REGULATIONS OR OTHER 3,411
DIRECTIVES PRESCRIBED BY THE UNITED STATES ARMY OR AIR FORCE AND 3,412
THE NATIONAL GUARD BUREAU. OHIO NATIONAL GUARD UNITS AND 3,413
PERSONNEL ARE NOT SUBJECT TO CHAPTER 4729. OR 3715. OF THE 3,414
71
REVISED CODE OR OTHER STATUTES OR REGULATIONS IN CONFLICT WITH 3,415
MILITARY REGULATIONS OR OTHER DIRECTIVES WHEN ACTING IN 3,416
FURTHERANCE OF THEIR OFFICIAL DUTIES. 3,417
(B) THIS SECTION APPLIES DESPITE THE ORDER OF OHIO 3,419
NATIONAL GUARD UNITS OR PERSONNEL TO STATE ACTIVE DUTY UNDER 3,420
SECTION 5923.22 OF THE REVISED CODE OR THE FACT THAT ACCOUNTABLE 3,421
OFFICERS OR EMPLOYEES OF THE OHIO NATIONAL GUARD ARE EMPLOYED IN 3,422
A CIVILIAN STATUS. 3,423
Sec. 5920.10. Whenever the Ohio military reserve or any 3,432
part thereof is ordered out for active service by the governor, 3,433
the Ohio code of military justice shall be in full force in 3,434
respect to such forces. Every officer and enlisted man of such 3,436
forces shall, during his service therein, be exempt from service 3,437
upon any posse comitatus and from jury duty. 3,438
Sec. 5921.09. The Ohio naval militia shall be organized, 3,447
governed, drilled, and instructed in accordance with the 3,448
regulations and customs provided for the navy of the United 3,449
States, and Chapter 5924. of the Revised Code, together with the 3,451
orders of the governor. Every commissioned officer, warrant
officer, and enlisted member, when ordered out for active service 3,453
by the governor, shall during his service therein, be exempt from 3,454
service upon any posse comitatus and from jury duty. 3,455
Sec. 5923.01. (A) The OHIO ORGANIZED militia of the state 3,465
shall consist CONSISTS of all able-bodied citizens of the state 3,466
WHO ARE NOT PERMANENTLY HANDICAPPED, AS HANDICAPPED IS DEFINED IN 3,468
SECTION 4112.01 OF THE REVISED CODE, who are more than seventeen 3,469
years of age, and not more than sixty-seven years, of age except 3,470
UNLESS EXEMPTED as provided in section 5923.03 5923.02 of the 3,472
Revised Code. The militia shall be divided into four classes, 3,473
AND WHO ARE MEMBERS OF ONE OF THE FOLLOWING: 3,475
(A)(1) The Ohio national guard; 3,476
(B)(2) The Ohio naval militia; 3,478
(C)(3) The Ohio military reserve; 3,480
(D) The unorganized militia. 3,482
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(B) The Ohio national guard, INCLUDING BOTH THE OHIO AIR 3,486
NATIONAL GUARD AND THE OHIO ARMY NATIONAL GUARD, the Ohio naval 3,487
militia, and the Ohio military reserve shall be ARE known 3,488
collectively as the OHIO organized militia.
"Military forces" includes the (C) THE Ohio national 3,491
guard, the Ohio naval militia, AND the Ohio military reserve, and 3,492
the unorganized militia. 3,493
"National Defense Act," means an act of congress, entitled 3,495
"An act for making further and more effectual provision for the 3,496
national defense and for other purposes," approved by the 3,497
president, June 3, 1916, and all acts amendatory thereof and 3,498
supplementary thereto ARE KNOWN COLLECTIVELY AS THE STATE DEFENSE 3,499
FORCES. 3,500
(D) No troops shall be maintained in time of peace other 3,502
than as authorized and prescribed under the "National Defense Act 3,503
ACT OF AUGUST 10, 1956," 70A STAT. 596, 32 U.S.C.A. 101 TO 716." 3,505
Such THIS limitation does not affect the right of the state to 3,506
the use of the ITS ORGANIZED militia within its borders in time 3,507
of peace as prescribed in BY the military laws of this state. 3,508
This section does not prevent the organization and maintenance of 3,510
police.
Sec. 5923.02. The (A) THE FOLLOWING PERSONS, IF SUBJECT 3,520
TO DUTY IN THE OHIO ORGANIZED MILITIA, MAY BE EXEMPTED BY THE 3,522
ADJUTANT GENERAL FROM DUTY ON REQUEST: 3,523
(1) THE VICE-PRESIDENT OF THE UNITED STATES; 3,525
(2) THE officers, judicial and executive, of the 3,528
departments of the state and of the United States, and the
members of the general assembly, without regard to age, shall be 3,529
exempt from duty in the Ohio militia, and all persons who; 3,530
(3) MEMBERS OF THE ARMED FORCES OF THE UNITED STATES OR 3,532
THEIR RESERVE COMPONENTS; 3,533
(4) CUSTOMHOUSE CLERKS; 3,535
(5) EMPLOYEES OF THE UNITED STATES POSTAL SERVICE; 3,537
(6) WORKERS EMPLOYED IN ARMORIES, ARSENALS, OR NAVAL 3,539
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SHIPYARDS OF THE UNITED STATES; 3,540
(7) PILOTS ON THE NAVIGABLE WATERS OF THE UNITED STATES; 3,542
(8) MARINERS LICENSED BY THE UNITED STATES. 3,544
(B) ANY PERSON because of religious belief OR OTHER MORAL 3,546
CONVICTION HELD AS A MATTER OF CONSCIENCE MAY claim exemption 3,547
from military OHIO ORGANIZED MILITIA service, when the 3,548
conscientious holding of such belief by such person is 3,549
established under such regulations as the governor prescribes, 3,550
shall be exempted from military service in a combatant capacity; 3,551
but no person so exempted shall be exempt from military service 3,552
in any capacity that the governor declares to be noncombatant. 3,553
Sec. 5923.03. (A) The Ohio national guard and the Ohio 3,563
naval militia shall consist CONSISTS of the MEMBERS OF THE OHIO 3,565
ORGANIZED militia regularly WHO ARE enlisted therein, transferred 3,566
or assigned thereto under the laws and regulations of the United 3,567
States, and of the officers and warrant officers regularly 3,568
commissioned and, OR warranted therein or assigned thereto, IN 3,570
THE OHIO NATIONAL GUARD, ALL as shall be prescribed by 3,571
PUBLICATIONS OF the department of defense THE ARMY OR AIR FORCE 3,572
AND THE NATIONAL GUARD BUREAU for the national guard and the 3,573
naval militia AS PRESCRIBED BY CHAPTER 5919. OF THE REVISED CODE. 3,574
The
(B) THE Ohio military reserve shall consist CONSISTS of 3,577
the MEMBERS OF THE OHIO ORGANIZED militia who are more than 3,578
seventeen years of age and regularly enlisted therein, and of 3,579
officers between the ages of eighteen and sixty-seven years
regularly, commissioned therein or assigned thereto, OR WARRANTED 3,581
IN THE OHIO MILITARY RESERVE AS PRESCRIBED BY CHAPTER 5920. OF 3,583
REVISED CODE.
(C) THE OHIO NAVAL MILITIA CONSISTS OF THE MEMBERS OF THE 3,586
OHIO ORGANIZED MILITIA WHO ARE ENLISTED, COMMISSIONED, OR
WARRANTED IN THE OHIO NAVAL MILITIA AS PRESCRIBED BY CHAPTER 3,587
5921. OF THE REVISED CODE. 3,588
Sec. 5923.05. (A)(1) Permanent public employees, as 3,597
74
defined in section 5903.01 of the Revised Code, who are members 3,598
of the Ohio national guard, the Ohio military reserve, the Ohio 3,599
naval ORGANIZED militia, or members of other reserve components 3,600
of the armed forces of the United States, INCLUDING THE OHIO 3,601
NATIONAL GUARD, are entitled to leave of absence from their 3,602
respective duties POSITIONS without loss of pay for such THE time 3,604
as they are performing military duty SERVICE IN THE UNIFORMED 3,605
SERVICES, as defined in section 5903.01 of the Revised Code for 3,607
periods not to exceed twenty-two eight-hour work days or one 3,608
hundred seventy-six hours in any one calendar year OF UP TO ONE 3,609
MONTH, for each calendar year in which military duty is performed 3,610
THEY ARE PERFORMING SERVICE IN THE UNIFORMED SERVICES. 3,611
(2) As used in this section, "calendar year" means the 3,613
year beginning on the first day of January and ending on the last 3,614
day of December, AND "MONTH" MEANS TWENTY-TWO EIGHT-HOUR WORK 3,615
DAYS OR ONE HUNDRED SEVENTY-SIX HOURS WITHIN ONE CALENDAR YEAR. 3,617
(B) Except as otherwise provided in division (C) of this 3,619
section, any permanent public employee who is entitled to the 3,620
leave provided under division (A) of this section and who is 3,621
called OR ORDERED to military duty THE UNIFORMED SERVICES for a 3,624
period in excess of twenty-two eight-hour work days or one
hundred seventy-six hours in any one calendar year LONGER THAN A 3,625
MONTH, for each calendar year in which military duty is THE 3,627
EMPLOYEE performed SERVICE IN THE UNIFORMED SERVICES, because of 3,628
an executive order issued by the president of the United States 3,629
or an act of congress is entitled, during the period designated
in the order or act, to a leave of absence and to be paid, during 3,630
each month of that MONTHLY PAY period OF THAT LEAVE OF ABSENCE, 3,632
the lesser of the following:
(1) The difference between his THE PERMANENT PUBLIC 3,634
EMPLOYEE'S gross monthly wage or salary as an officer or 3,636
PERMANENT PUBLIC employee and the sum of his THE PERMANENT PUBLIC 3,637
EMPLOYEE'S gross military UNIFORMED pay and allowances received 3,638
that month;
75
(2) Five hundred dollars. 3,640
(C) No permanent public employee shall receive payments 3,642
under division (B) of this section if the sum of his THE 3,643
PERMANENT PUBLIC EMPLOYEE'S gross military UNIFORMED pay and 3,645
allowances received in a month PAY PERIOD exceeds his THE 3,646
EMPLOYEE'S gross monthly wage or salary as a permanent public 3,647
employee FOR THAT PERIOD or if the permanent public employee is 3,648
receiving his pay pursuant to UNDER division (A) of this section. 3,649
(D) Any political subdivision of the state, as defined in 3,651
section 2744.01 of the Revised Code, may elect to pay any of its 3,654
permanent public employees who are entitled to the leave provided 3,655
under division (A) of this section and who are called OR ORDERED 3,656
to military duty THE UNIFORMED SERVICES for a period in excess of 3,658
twenty-two eight-hour work days or one hundred seventy-six hours 3,659
in any one calendar year LONGER THAN ONE MONTH, for each calendar 3,660
year in which military duty is THE EMPLOYEE performed SERVICE IN 3,661
THE UNIFORMED SERVICES, because of an executive order issued by 3,662
the president or an act of congress, such payments, in addition 3,663
to those payments required by division (B) of this section, as 3,664
may be authorized by the legislative authority of the political 3,665
subdivision. 3,666
(E) Each permanent public employee who is entitled to 3,668
leave provided under division (A) of this section shall submit to 3,669
his THE PERMANENT PUBLIC EMPLOYEE'S appointing authority the 3,670
published order authorizing the military duty CALL OR ORDER TO 3,672
THE UNIFORMED SERVICES or a written statement from the 3,673
appropriate military commander authorizing such duty THAT 3,674
SERVICE, prior to being credited with such leave. 3,677
(F) Any permanent public employee of a political 3,679
subdivision whose employment is governed by a collective 3,680
bargaining agreement with provision for military leave THE 3,681
PERFORMANCE OF SERVICE IN THE UNIFORMED SERVICES shall abide by 3,683
the terms of that collective bargaining agreement with respect to 3,684
military leave THE PERFORMANCE OF SUCH SERVICE, EXCEPT THAT NO 3,685
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COLLECTIVE BARGAINING AGREEMENT MAY AFFORD FEWER RIGHTS AND 3,686
BENEFITS THAN ARE CONFERRED UNDER THIS SECTION. 3,687
Sec. 5923.09. Each enlisted man MEMBER and each 3,697
commissioned OR WARRANT officer of the Ohio military reserve 3,699
shall OR OHIO NAVAL MILITIA, IF FUNDS ARE APPROPRIATED FOR THIS 3,700
PURPOSE BY THE GENERAL ASSEMBLY, MAY be paid at rates to be 3,701
prescribed from time to time by the governor as commander in 3,702
chief ADJUTANT GENERAL but not exceeding one-thirtieth of the 3,703
monthly base pay of his THE MEMBER'S OR OFFICER'S grade, as is 3,704
provided for enlisted men MEMBERS or commissioned OR WARRANT 3,706
officers of the armed forces of the United States UNDER THE 3,707
DEPARTMENT OF DEFENSE PAY MANUAL, for each authorized regular 3,708
drill attended, to be paid quarterly MONTHLY. 3,709
Sec. 5923.10. (A) If any enlisted man MEMBER in the Ohio 3,720
national guard, Ohio naval ORGANIZED militia, or the Ohio 3,721
military reserve willfully, maliciously, purposely, or through 3,722
carelessness or neglect, permits any of the arms, equipment, or 3,723
other property issued to him THE ENLISTED MEMBER belonging to the 3,724
state or the United States, to become lost, damaged, or 3,726
destroyed, the commanding officer of his THE ENLISTED MEMBER'S 3,727
company, troop, battery, detachment, or other organization shall 3,728
charge the value of the same LOST, DAMAGED, OR DESTROYED ARMS, 3,729
EQUIPMENT, OR OTHER PROPERTY against any pay due him THE ENLISTED 3,730
MEMBER under such rules applicable thereto as prescribed by the 3,731
department of defense or the governor ADJUTANT GENERAL. 3,732
All (B) ALL PROPERTY OF THE UNITED STATES ISSUED TO A UNIT 3,735
OR MEMBER OF THE OHIO NATIONAL GUARD SHALL BE ACCOUNTED AND 3,736
RECOUPED FOR AS PROVIDED BY THE REGULATIONS PRESCRIBED BY THE 3,737
ARMY OR THE AIR FORCE AND THE NATIONAL GUARD BUREAU, AS
APPROPRIATE AND AS SUPPLEMENTED BY THE ADJUTANT GENERAL. 3,738
(C) NOTWITHSTANDING ANY CONTRARY PROVISIONS OF CHAPTER 3,740
2716. OF THE REVISED CODE, ALL allowances and pay provided for 3,743
officers and enlisted men MEMBERS OF THE OHIO ORGANIZED MILITIA 3,744
shall be applied SUBJECT to the payment of any shortage of or 3,746
77
injury to state or United States property or funds for which such 3,747
THOSE officers or enlisted men MEMBERS are responsible or 3,748
accountable. 3,749
Sec. 5923.21. (A) The OHIO organized militia may be 3,759
called by the governor by proclamation to aid the civil 3,761
authorities to do any of the following:
(1) Execute the laws of this state; 3,763
(2) Suppress insurrection; 3,765
(3) Repel invasion; 3,767
(4) Act in the event of a disaster, as defined in section 3,769
5502.21 of the Revised Code, within the state; 3,770
(5) Promote the health, safety, and welfare of the 3,772
citizens of this state.
(B) In all cases, the organized militia shall be called to 3,774
state active duty before the unorganized militia. 3,775
(C) The governor's proclamation UNDER DIVISION (A) OF THIS 3,777
SECTION shall specify the statutory basis of the call. 3,778
Sec. 5923.28. The (A) EXCEPT AS PROVIDED IN DIVISION (B) 3,789
OF THIS SECTION, THE military laws of this state shall conform to 3,790
all laws OF and regulations of PROMULGATED BY the United States 3,791
affecting the same subject and anything to the contrary shall be 3,792
IS void so long as IF the subject matter has been acted on by the 3,793
United States ARMY, AIR FORCE, OR NATIONAL GUARD BUREAU. 3,794
(B) All matters relating to the organization, discipline, 3,796
and government of the military STATE DEFENSE forces, not 3,797
otherwise provided by the laws of this state or the rules and 3,798
regulations promulgated thereunder UNDER THOSE LAWS, shall be 3,799
decided by the custom, regulations, and usage of the armed forces 3,801
of the United States.
Section 2. That existing sections 111.15, 124.11, 141.02, 3,803
145.30, 718.01, 1737.301, 1738.261, 1742.341, 3319.13, 3319.14, 3,804
3923.381, 3923.382, 4117.01, 4506.02, 5101.312, 5903.01, 3,806
5911.011, 5911.03, 5911.04, 5911.08, 5913.01, 5913.02, 5913.021, 3,807
5913.03, 5913.04, 5913.05, 5913.051, 5913.06, 5913.07, 5913.08, 3,808
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5913.09, 5913.10, 5913.17, 5919.01, 5919.02, 5919.04, 5919.071, 3,809
5919.09, 5919.12, 5919.13, 5919.14, 5919.15, 5919.16, 5919.17, 3,810
5919.22, 5919.25, 5919.28, 5919.29, 5919.30, 5919.32, 5919.33, 3,811
5920.10, 5921.09, 5923.01, 5923.02, 5923.03, 5923.05, 5923.09,
5923.10, 5923.21, and 5923.28 and sections 124.28, 124.29, 3,813
5903.02, 5903.03, 5903.04, 5903.05, 5903.09, 5903.99, 5913.013, 3,814
5913.11, 5917.01, 5917.02, 5917.03, 5917.04, 5917.05, 5917.06, 3,815
5917.99, 5919.20, 5923.051, and 5923.35 of the Revised Code are 3,816
hereby repealed.