As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                         Am. Sub. S. B. No. 130  5            

     1997 - 1998                                                   6            


 SENATORS WATTS-WHITE-SCHAFRATH-BLESSING-GARDNER-LATELL-GILLMOR-   8            

         ZALESKI-GAETH-LATTA-KEARNS-DiDONATO-DRAKE-DIX-            9            

  REPRESENTATIVES REID-BRITTON-SCHULER-PADGETT-BRADING-THOMAS-     10           

     TERWILLEGER-CORBIN-GRENDELL-LEWIS-GARCIA-MASON-VERICH-        11           

                   TAYLOR-GARDNER-ROMAN-OPFER                      12           


                                                                   14           

                           A   B I L L                                          

             To amend sections 111.15, 124.11, 141.02, 145.01,     16           

                145.30, 718.01, 1751.54, 3319.13, 3319.14,         17           

                3923.381, 3923.382, 4117.01, 4141.01, 4506.02,     18           

                4911.04, 5101.312, 5903.01, 5903.99, 5911.011,                  

                5911.03, 5911.04, 5911.08, 5913.01, 5913.02,       19           

                5913.021, 5913.03, 5913.04, 5913.05, 5913.051,     20           

                5913.06, 5913.07, 5913.08, 5913.09, 5913.10,       21           

                5913.17, 5919.01, 5919.02, 5919.04, 5919.071,      22           

                5919.09, 5919.12, 5919.13, 5919.14, 5919.15,       23           

                5919.16, 5919.17, 5919.22, 5919.25, 5919.28,       24           

                5919.29, 5919.30, 5919.32, 5919.33, 5920.10,       25           

                5921.09, 5923.01, 5923.02, 5923.03, 5923.05,       26           

                5923.09, 5923.10, 5923.21, 5923.28, and 5924.15,   28           

                to enact new sections 124.29 and 5903.02 and       30           

                section 5919.35, and to repeal sections 124.28,                 

                124.29, 5903.02, 5903.03, 5903.04, 5903.05,        32           

                5903.09, 5913.013, 5913.11, 5917.01, 5917.02,                   

                5917.03, 5917.04, 5917.05, 5917.06, 5917.99,       33           

                5919.20, 5923.051, and 5923.35 of the Revised      34           

                Code to exempt more clearly Reserve and Ohio       35           

                National Guard pay and allowances from municipal   37           

                taxation; to give statutory effect to the federal  38           

                exemption for military vehicles from the state     39           

                Commercial Driver's License Law; to conform more   40           

                                                          2      

                                                                 
                closely to federal regulations state law           41           

                governing the Ohio National Guard and the state    43           

                military; to repeal the state Military Census                   

                Law; to make other changes in the law governing    45           

                the Ohio military; and to declare an emergency.    46           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        48           

      Section 1.  That sections 111.15, 124.11, 141.02, 145.01,    50           

145.30, 718.01, 1751.54, 3319.13, 3319.14, 3923.381, 3923.382,     51           

4117.01, 4141.01, 4506.02, 4911.04, 5101.312, 5903.01, 5903.99,    52           

5911.011, 5911.03, 5911.04, 5911.08, 5913.01, 5913.02, 5913.021,   54           

5913.03, 5913.04, 5913.05, 5913.051, 5913.06, 5913.07, 5913.08,    55           

5913.09, 5913.10, 5913.17, 5919.01, 5919.02, 5919.04, 5919.071,    56           

5919.09, 5919.12, 5919.13, 5919.14, 5919.15, 5919.16, 5919.17,     57           

5919.22, 5919.25, 5919.28, 5919.29, 5919.30, 5919.32, 5919.33,     58           

5920.10, 5921.09, 5923.01, 5923.02, 5923.03, 5923.05, 5923.09,     59           

5923.10, 5923.21, 5923.28, and 5924.15 be amended and that new     61           

sections 124.29 and 5903.02 and section 5919.35 of the Revised     62           

Code be enacted to read as follows:                                63           

      Sec. 111.15.  (A)  As used in this section:                  72           

      (1)  "Rule" includes any rule, regulation, bylaw, or         74           

standard having a general and uniform operation adopted by an      75           

agency under the authority of the laws governing the agency; any   76           

appendix to a rule; and any internal management rule.  "Rule"      77           

does not include any guideline adopted pursuant to section         78           

3301.0714 of the Revised Code, any order respecting the duties of  79           

employees, any finding, any determination of a question of law or  80           

fact in a matter presented to an agency, or any rule promulgated   81           

pursuant to Chapter 119., section 4141.14, division (C)(1) or (2)  82           

of section 5117.02, or section 5703.14 of the Revised Code.        83           

"Rule" includes any amendment or rescission of a rule.             84           

      (2)  "Agency" means any governmental entity of the state     86           

and includes, but is not limited to, any board, department,        87           

division, commission, bureau, society, council, institution,       88           

                                                          3      

                                                                 
state college or university, community college district,           89           

technical college district, or state community college.  "Agency"  90           

does not include the general assembly, THE ADJUTANT GENERAL'S      91           

DEPARTMENT, or any court.                                          92           

      (3)  "Internal management rule" means any rule, regulation,  94           

bylaw, or standard governing the day-to-day staff procedures and   95           

operations within an agency.                                       96           

      (4)  "Substantive revision" has the same meaning as in       98           

division (J) of section 119.01 of the Revised Code.                99           

      (B)(1)  Any rule, other than a rule of an emergency nature,  101          

adopted by any agency pursuant to this section shall be effective  102          

on the tenth day after the day on which the rule in final form     103          

and in compliance with division (B)(3) of this section is filed    104          

as follows:                                                        105          

      (a)  Two certified copies of the rule shall be filed with    107          

both the secretary of state and the director of the legislative    108          

service commission;                                                109          

      (b)  Two certified copies of the rule shall be filed with    111          

the joint committee on agency rule review.  Division (B)(1)(b) of  112          

this section does not apply to any rule to which division (D) of   113          

this section does not apply.                                       114          

      An agency that adopts or amends a rule that is subject to    116          

division (D) of this section shall assign a review date to the     118          

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       119          

assigned to a rule exceeds the five-year maximum, the review date  120          

for the rule is five years after its effective date.  A rule with  121          

a review date is subject to review under section 119.032 of the    122          

Revised Code.  This paragraph does not apply to a rule of a state  124          

college or university, community college district, technical                    

college district, or state community college.                      125          

      If all copies are not filed on the same day, the rule shall  127          

be effective on the tenth day after the day on which the latest    128          

filing is made.  If an agency in adopting a rule designates an     129          

                                                          4      

                                                                 
effective date that is later than the effective date provided for  130          

by division (B)(1) of this section, the rule if filed as required  131          

by such division shall become effective on the later date          132          

designated by the agency.                                          133          

      Any rule that is required to be filed under division (B)(1)  135          

of this section is also subject to division (D) of this section    136          

if not exempted by division (D)(1), (2), (3), (4), (5), (6), (7),  138          

or (8) of this section.                                                         

      (2)  A rule of an emergency nature necessary for the         140          

immediate preservation of the public peace, health, or safety      141          

shall state the reasons for the necessity.  Copies of the          142          

emergency rule, in final form and in compliance with division      143          

(B)(3) of this section, shall be filed as follows:  two certified  144          

copies of the emergency rule shall be filed with both the          145          

secretary of state and the director of the legislative service     146          

commission, and one certified copy of the emergency rule shall be  147          

filed with the joint committee on agency rule review.  The         148          

emergency rule is effective immediately upon the latest filing,    149          

except that if the agency in adopting the emergency rule           150          

designates an effective date, or date and time of day, that is     151          

later than the effective date and time provided for by division    152          

(B)(2) of this section, the emergency rule if filed as required    153          

by such division shall become effective at the later date, or      154          

later date and time of day, designated by the agency.              155          

      An emergency rule becomes invalid at the end of the          157          

ninetieth day it is in effect.  Prior to that date, the agency     158          

may file the emergency rule as a nonemergency rule in compliance   159          

with division (B)(1) of this section.  The agency may not refile   160          

the emergency rule in compliance with division (B)(2) of this      161          

section so that, upon the emergency rule becoming invalid under    162          

such division, the emergency rule will continue in effect without  163          

interruption for another ninety-day period.                        164          

      (3)  An agency shall file a rule under division (B)(1) or    166          

(2) of this section in compliance with the following standards     167          

                                                          5      

                                                                 
and procedures:                                                    168          

      (a)  The rule shall be numbered in accordance with the       170          

numbering system devised by the director for the Ohio              171          

administrative code.                                               172          

      (b)  The rule shall be prepared and submitted in compliance  174          

with the rules of the legislative service commission.              175          

      (c)  The rule shall clearly state the date on which it is    177          

to be effective and the date on which it will expire, if known.    178          

      (d)  Each rule that amends or rescinds another rule shall    180          

clearly refer to the rule that is amended or rescinded.  Each      181          

amendment shall fully restate the rule as amended.                 182          

      If the director of the legislative service commission or     184          

the director's designee gives an agency written notice pursuant    186          

to section 103.05 of the Revised Code that a rule filed by the     187          

agency is not in compliance with the rules of the legislative      188          

service commission, the agency shall within thirty days after      189          

receipt of the notice conform the rule to the rules of the         190          

commission as directed in the notice.                              191          

      (C)  All rules filed pursuant to divisions (B)(1)(a) and     193          

(2) of this section shall be recorded by the secretary of state    194          

and the director under the title of the agency adopting the rule   195          

and shall be numbered according to the numbering system devised    196          

by the director.  The secretary of state and the director shall    197          

preserve the rules in an accessible manner.  Each such rule shall  198          

be a public record open to public inspection and may be lent to    199          

any law publishing company that wishes to reproduce it.            200          

      (D)  At least sixty days before a board, commission,         202          

department, division, or bureau of the government of the state     203          

files a rule under division (B)(1) of this section, it shall file  204          

two copies of the full text of the proposed rule with the joint    205          

committee on agency rule review, and the proposed rule is subject  207          

to legislative review and invalidation under division (I) of       208          

section 119.03 of the Revised Code.  If a state board,                          

commission, department, division, or bureau makes a substantive    209          

                                                          6      

                                                                 
revision in a proposed rule after it is filed with the joint       210          

committee, the state board, commission, department, division, or   211          

bureau shall promptly file two copies of the full text of the      212          

proposed rule in its revised form with the joint committee.  The   213          

latest version of a proposed rule as filed with the joint          214          

committee supersedes each earlier version of the text of the same  215          

proposed rule.  Except as provided in division (F) of this         216          

section, a state board, commission, department, division, or       217          

bureau shall attach one copy of the rule summary and fiscal        218          

analysis prepared under section 121.24 or 127.18 of the Revised    219          

Code, or both, to each copy of a proposed rule, and to each copy   220          

of a proposed rule in revised form, that is filed under this       221          

division.                                                          222          

      As used in this division, "commission" includes the public   224          

utilities commission when adopting rules under a federal or state  225          

statute.                                                                        

      This division does not apply to any of the following:        227          

      (1)  A proposed rule of an emergency nature;                 229          

      (2)  A rule proposed under section 1121.05, 1121.06,         231          

1155.18, 1733.412, 4123.29, 4123.34, 4123.341, 4123.342, 4123.40,  232          

4123.411, 4123.44, or 4123.442 of the Revised Code;                234          

      (3)  A rule proposed by an agency other than a board,        236          

commission, department, division, or bureau of the government of   237          

the state;                                                         238          

      (4)  A proposed internal management rule of a board,         240          

commission, department, division, or bureau of the government of   241          

the state;                                                         242          

      (5)  A rule proposed by the Ohio student aid commission      244          

that complies with a federal law or rule, so long as the proposed  245          

rule contains both of the following:                               246          

      (a)  A statement that it is proposed for the purpose of      248          

complying with a federal law or rule;                              249          

      (b)  A citation to the federal law or rule that requires     251          

compliance.                                                        252          

                                                          7      

                                                                 
      (6)  Any proposed rule that must be adopted verbatim by an   254          

agency pursuant to federal law or rule, to become effective        255          

within sixty days of adoption, in order to continue the operation  256          

of a federally reimbursed program in this state, so long as the    257          

proposed rule contains both of the following:                      258          

      (a)  A statement that it is proposed for the purpose of      260          

complying with a federal law or rule;                              261          

      (b)  A citation to the federal law or rule that requires     263          

verbatim compliance.                                               264          

      (7)  An initial rule proposed by the director of health to   266          

impose safety standards, quality-of-care standards, and            267          

quality-of-care data reporting requirements with respect to a      268          

health service specified in section 3702.11 of the Revised Code,   269          

or an initial rule proposed by the director to impose quality      270          

standards on a facility listed in division (A)(4) of section                    

3702.30 of the Revised Code, if section 3702.12 of the Revised     271          

Code requires that the rule be adopted under this section;         272          

      (8)  A rule of the state lottery commission pertaining to    274          

instant game rules.                                                275          

      (E)  Whenever a state board, commission, department,         277          

division, or bureau files a proposed rule or a proposed rule in    278          

revised form under division (D) of this section, it shall also     279          

file one copy of the full text of the same proposed rule or        280          

proposed rule in revised form with the secretary of state and two  281          

copies thereof with the director of the legislative service        282          

commission.  Except as provided in division (F) of this section,   283          

a state board, commission, department, division, or bureau shall   284          

attach a copy of the rule summary and fiscal analysis prepared     285          

under section 121.24 or 127.18 of the Revised Code, or both, to    286          

each copy of a proposed rule or proposed rule in revised form      287          

that is filed with the secretary of state or the director of the   288          

legislative service commission.                                    289          

      (F)  Except as otherwise provided in this division, the      291          

auditor of state or the auditor of state's designee is not         292          

                                                          8      

                                                                 
required to attach a rule summary and fiscal analysis to any copy  294          

of a proposed rule, or proposed rule in revised form, that the     295          

auditor of state proposes under section 117.12, 117.19, 117.38,    297          

or 117.43 of the Revised Code and files under division (D) or (E)  298          

of this section.  If, however, the auditor of state or the         299          

designee prepares a rule summary and fiscal analysis of the        300          

original version of such a proposed rule for purposes of           301          

complying with section 121.24 of the Revised Code, the auditor of  302          

state or designee shall attach a copy of the rule summary and      303          

fiscal analysis to each copy of the original version of the        304          

proposed rule filed under division (D) or (E) of this section.     305          

      Sec. 124.11.  The civil service of the state and the         313          

several counties, cities, civil service townships, city health     314          

districts, general health districts, and city school districts     315          

thereof shall be divided into the unclassified service and the     316          

classified service.                                                317          

      (A)  The unclassified service shall comprise the following   319          

positions, which shall not be included in the classified service,  320          

and which shall be exempt from all examinations required by this   321          

chapter:                                                           322          

      (1)  All officers elected by popular vote or persons         324          

appointed to fill vacancies in such offices;                       325          

      (2)  All election officers as defined in section 3501.01 of  327          

the Revised Code;                                                  328          

      (3)  The members of all boards and commissions, and heads    330          

of principal departments, boards, and commissions appointed by     331          

the governor or by and with the governor's consent; and the        332          

members of all boards and commissions and all heads of             333          

departments appointed by the mayor, or, if there is no mayor,      334          

such other similar chief appointing authority of any city or city  335          

school district; except as otherwise provided in division (A)(17)  336          

or (C) of this section, this chapter does not exempt the chiefs    337          

of police departments and chiefs of fire departments of cities or  338          

civil service townships from the competitive classified service;   339          

                                                          9      

                                                                 
      (4)  The members of county or district licensing boards or   341          

commissions and boards of revision, and deputy county auditors;    342          

      (5)  All officers and employees elected or appointed by      344          

either or both branches of the general assembly, and such          345          

employees of the city legislative authority as are engaged in      346          

legislative duties;                                                347          

      (6)  All commissioned, WARRANT, and noncommissioned          349          

officers and enlisted persons in the military service of the       351          

state OHIO ORGANIZED MILITIA, including military appointees in     352          

the office of the adjutant general GENERAL'S DEPARTMENT;           353          

      (7)(a)  All presidents, business managers, administrative    355          

officers, superintendents, assistant superintendents, principals,  356          

deans, assistant deans, instructors, teachers, and such employees  357          

as are engaged in educational or research duties connected with    358          

the public school system, colleges, and universities, as           359          

determined by the governing body of the public school system,      360          

colleges, and universities;                                        361          

      (b)  The library staff of any library in the state           363          

supported wholly or in part at public expense.                     364          

      (8)  Four clerical and administrative support employees for  366          

each of the elective state officers; and three clerical and        367          

administrative support employees for other elective officers and   368          

each of the principal appointive executive officers, boards, or    369          

commissions, except for civil service commissions, that are        370          

authorized to appoint such clerical and administrative support     371          

employees;                                                         372          

      (9)  The deputies and assistants of state agencies           374          

authorized to act for and on behalf of the agency, or holding a    375          

fiduciary or administrative relation to that agency and those      376          

persons employed by and directly responsible to elected county     377          

officials or a county administrator and holding a fiduciary or     378          

administrative relationship to such elected county officials or    379          

county administrator, and the employees of such county officials   380          

whose fitness would be impracticable to determine by competitive   382          

                                                          10     

                                                                 
examination, provided that division (A)(9) of this section shall   383          

not affect those persons in county employment in the classified    384          

service as of September 19, 1961.  Nothing in division (A)(9) of   385          

this section applies to any position in a county department of     386          

human services created pursuant to Chapter 329. of the Revised     387          

Code.                                                              388          

      (10)  Bailiffs, constables, official stenographers, and      390          

commissioners of courts of record, deputies of clerks of the       391          

courts of common pleas who supervise, or who handle public moneys  392          

or secured documents, and such officers and employees of courts    393          

of record and such deputies of clerks of the courts of common      394          

pleas as the director of administrative services finds it          395          

impracticable to determine their fitness by competitive            396          

examination;                                                       397          

      (11)  Assistants to the attorney general, special counsel    399          

appointed or employed by the attorney general, assistants to       400          

county prosecuting attorneys, and assistants to city directors of  401          

law;                                                               402          

      (12)  Such teachers and employees in the agricultural        404          

experiment stations; such students in normal schools, colleges,    405          

and universities of the state who are employed by the state or a   406          

political subdivision of the state in student or intern            407          

classifications; and such unskilled labor positions as the         408          

director of administrative services or any municipal civil         409          

service commission may find it impracticable to include in the     410          

competitive classified service; provided such exemptions shall be  411          

by order of the commission or the director, duly entered on the    412          

record of the commission or the director with the reasons for      413          

each such exemption;                                               414          

      (13)  Any physician or dentist who is a full-time employee   416          

of the department of mental health or the department of mental     417          

retardation and developmental disabilities or of an institution    418          

under the jurisdiction of either department; and physicians who    419          

are in residency programs at the institutions;                     420          

                                                          11     

                                                                 
      (14)  Up to twenty positions at each institution under the   422          

jurisdiction of the department of mental health or the department  423          

of mental retardation and developmental disabilities that the      424          

department director determines to be primarily administrative or   425          

managerial; and up to fifteen positions in any division of either  426          

department, excluding administrative assistants to the director    427          

and division chiefs, which are within the immediate staff of a     428          

division chief and which the director determines to be primarily   429          

and distinctively administrative and managerial;                   430          

      (15)  Noncitizens of the United States employed by the       432          

state, or its counties or cities, as physicians or nurses who are  433          

duly licensed to practice their respective professions under the   434          

laws of Ohio, or medical assistants, in mental, tuberculosis, or   435          

chronic disease hospitals, or institutions;                        436          

      (16)  Employees of the governor's office;                    438          

      (17)  Fire chiefs and chiefs of police in civil service      440          

townships appointed by boards of township trustees under section   441          

505.38 or 505.49 of the Revised Code;                              442          

      (18)  Executive directors, deputy directors, and program     444          

directors employed by boards of alcohol, drug addiction, and       445          

mental health services under Chapter 340. of the Revised Code,     446          

and secretaries of the executive directors, deputy directors, and  447          

program directors;                                                 448          

      (19)  Superintendents, and management employees as defined   450          

in section 5126.20 of the Revised Code, of county boards of        451          

mental retardation and developmental disabilities;                 452          

      (20)  Physicians, nurses, and other employees of a county    454          

hospital who are appointed pursuant to sections 339.03 and 339.06  455          

of the Revised Code;                                               456          

      (21)  The executive director of the state medical board,     458          

who is appointed pursuant to division (B) of section 4731.05 of    459          

the Revised Code;                                                  460          

      (22)  County directors of human services as provided in      462          

section 329.02 of the Revised Code and administrators appointed    463          

                                                          12     

                                                                 
under section 329.021 of the Revised Code;                         464          

      (23)  A director of economic development who is hired        466          

pursuant to division (A) of section 307.07 of the Revised Code;    467          

      (24)  Chiefs of construction and compliance, of operations   469          

and maintenance, and of licensing and certification in the         470          

division of industrial compliance in the department of commerce;   471          

      (25)  The executive director of a county transit system      473          

appointed under division (A) of section 306.04 of the Revised      474          

Code;                                                                           

      (26)  Up to five positions at each of the administrative     476          

departments listed in section 121.02 of the Revised Code and at    477          

the department of taxation, department of the adjutant general,    478          

department of education, Ohio board of regents, bureau of          479          

employment services, bureau of workers' compensation, industrial   480          

commission, state lottery commission, and public utilities         481          

commission of Ohio that the head of that administrative            482          

department or of that other state agency determines to be                       

involved in policy development and implementation.  The head of    483          

the administrative department or other state agency shall set the  484          

compensation for employees in these positions at a rate that is    485          

not less than the minimum compensation specified in pay range 41   486          

but not more than the maximum compensation specified in pay range  487          

44 of salary schedule E-2 in section 124.152 of the Revised Code.  488          

The authority to establish positions in the unclassified service   489          

under division (A)(26) of this section is in addition to and does  490          

not limit any other authority that an administrative department    491          

or state agency has under the Revised Code to establish            492          

positions, appoint employees, or set compensation.                 493          

      (27)  Employees of the department of agriculture employed    495          

under section 901.09 of the Revised Code;                          496          

      (28)  For cities, counties, civil service townships, city    498          

health districts, general health districts, and city school        500          

districts, the deputies and assistants of elective or principal    501          

executive officers authorized to act for and in the place of       502          

                                                          13     

                                                                 
their principals or holding a fiduciary relation to their                       

principals.                                                                     

      (B)  The classified service shall comprise all persons in    504          

the employ of the state and the several counties, cities, city     505          

health districts, general health districts, and city school        506          

districts thereof, not specifically included in the unclassified   507          

service.  Upon the creation by the board of trustees of a civil    508          

service township civil service commission, the classified service  509          

shall also comprise, except as otherwise provided in division      510          

(A)(17) or (C) of this section, all persons in the employ of       511          

civil service township police or fire departments having ten or    512          

more full-time paid employees.  The classified service consists    513          

of two classes, which shall be designated as the competitive       514          

class and the unskilled labor class.                               515          

      (1)  The competitive class shall include all positions and   517          

employments in the state and the counties, cities, city health     518          

districts, general health districts, and city school districts     519          

thereof, and upon the creation by the board of trustees of a       520          

civil service township of a township civil service commission all  521          

positions in civil service township police or fire departments     522          

having ten or more full-time paid employees, for which it is       523          

practicable to determine the merit and fitness of applicants by    524          

competitive examinations.  Appointments shall be made to, or       525          

employment shall be given in, all positions in the competitive     526          

class that are not filled by promotion, reinstatement, transfer,   527          

or reduction, as provided in this chapter, and the rules of the    528          

director of administrative services, by appointment from those     529          

certified to the appointing officer in accordance with this        530          

chapter.                                                           531          

      (2)  The unskilled labor class shall include ordinary        533          

unskilled laborers.  Vacancies in the labor class shall be filled  534          

by appointment from lists of applicants registered by the          535          

director.  The director or the commission shall, by rule, SHALL    536          

require an applicant for registration in the labor class to        538          

                                                          14     

                                                                 
furnish such evidence or take such tests as the director           539          

considers proper with respect to age, residence, physical          540          

condition, ability to labor, honesty, sobriety, industry,          541          

capacity, and experience in the work or employment for which       542          

application is made.  Laborers who fulfill the requirements shall  543          

be placed on the eligible list for the kind of labor or            544          

employment sought, and preference shall be given in employment in  545          

accordance with the rating received from such evidence or in such  546          

tests.  Upon the request of an appointing officer, stating the     547          

kind of labor needed, the pay and probable length of employment,   548          

and the number to be employed, the director shall certify from     549          

the highest on the list double the number to be employed; from     550          

this number the appointing officer shall appoint the number        551          

actually needed for the particular work.  If more than one         552          

applicant receives the same rating, priority in time of            553          

application shall determine the order in which their names shall   554          

be certified for appointment.                                                   

      (C)  A municipal or civil service township civil service     556          

commission may place volunteer fire fighters FIREFIGHTERS who are  558          

paid on a fee-for-service basis in either the classified or the    559          

unclassified civil service.                                        560          

      Sec. 124.29.  ANY PERSON WHO, AT THE TIME OF HOLDING AN      562          

OFFICE OR POSITION IN THE PUBLIC SERVICE, ENTERS THE UNIFORMED     563          

SERVICES, AS DEFINED IN SECTION 5903.01 OF THE REVISED CODE, IS    564          

ENTITLED TO REINSTATEMENT IN ACCORDANCE WITH THE "UNIFORMED        565          

SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994," 108      567          

STAT. 3149, 38 U.S.C.A. 4301 TO 4333.                              568          

      THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL ADOPT RULES    570          

IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE FOR THE        572          

IMPLEMENTATION OF THIS SECTION.                                                 

      Sec. 141.02.  (A)  The SALARIES OF THE adjutant general,     581          

the assistant adjutant general FOR ARMY, the assistant adjutant    584          

general for air, and the assistant quartermaster general shall BE  586          

PAID ACCORDING TO DIVISIONS (B) AND (H) OF SECTION 124.15 OF THE   588          

                                                          15     

                                                                 
REVISED CODE.                                                      590          

      (B)  THE ADJUTANT GENERAL, THE ASSISTANT ADJUTANT GENERAL    593          

FOR ARMY, THE ASSISTANT ADJUTANT GENERAL FOR AIR, AND THE          594          

ASSISTANT QUARTERMASTER GENERAL SHALL receive the pay and BASIC    596          

allowances FOR QUARTERS AND FOR SUBSISTENCE of their rank          597          

according to the pay at the time prescribed for the armed forces   598          

of the United States, except that the assistant adjutant general   599          

for air shall not receive flying pay.                                           

      These salaries shall be paid according to the schedule       602          

established in division (B) of section 124.15 of the Revised       603          

Code.                                                                           

      Sec. 145.01.  As used in this chapter:                       612          

      (A)  "Public employee" means:                                614          

      (1)  Any person holding an office, not elective, under the   616          

state or any county, township, municipal corporation, park         617          

district, conservancy district, sanitary district, health          618          

district, metropolitan housing authority, state retirement board,  619          

Ohio historical society, public library, county law library,       620          

union cemetery, joint hospital, institutional commissary, state    621          

university, or board, bureau, commission, council, committee,      622          

authority, or administrative body as the same are, or have been,   623          

created by action of the general assembly or by the legislative    624          

authority of any of the units of local government named in this    625          

division, or employed and paid in whole or in part by the state    626          

or any of the authorities named in this division in any capacity   627          

not covered by section 742.01, 3307.01, 3309.01, or 5505.01 of     628          

the Revised Code.                                                  629          

      (2)  A person who is a member of the public employees        631          

retirement system who continues to perform the same or similar     632          

duties under the direction of a contractor who has contracted to   633          

take over what before the date of the contract was a publicly      634          

operated function.  The governmental unit with which the contract  635          

has been made shall be deemed the employer for the purposes of     636          

administering this chapter.                                        637          

                                                          16     

                                                                 
      (3)  Any person who is an employee of a public employer,     639          

notwithstanding that the person's compensation for that            640          

employment is derived from funds of a person or entity other than  641          

the employer.  Credit for such service shall be included as total  642          

service credit, provided that the employee makes the payments      643          

required by this chapter, and the employer makes the payments      644          

required by sections 145.48 and 145.51 of the Revised Code.        645          

      (4)  Any civilian employees of the national guard and the    647          

air national guard employed in or with a unit of the Ohio          648          

national guard or the Ohio air national guard, except those        649          

employed by the national guard bureau, shall be considered         650          

employees of the adjutant general of the state for the purpose of  651          

this chapter, although the employees may be paid by federal        652          

funds.                                                             653          

      In all cases of doubt, the public employees retirement       655          

board shall determine whether any person is a public employee,     656          

and its decision is final.                                         657          

      (B)  "Member" means any public employee, other than a        659          

public employee excluded or exempted from membership in the        660          

retirement system by section 145.03, 145.031, 145.032, 145.033,    661          

145.034, 145.035, or 145.38 of the Revised Code.  "Member"         662          

includes a PERS retirant who becomes a member under division       663          

(C)(2) of section 145.38 of the Revised Code.  "Member" also       664          

includes a disability benefit recipient.                           665          

      (C)  "Head of the department" means the elective or          667          

appointive head of the several executive, judicial, and            668          

administrative departments, institutions, boards, and commissions  669          

of the state and local government as the same are created and      670          

defined by the laws of this state or, in case of a charter         671          

government, by that charter.                                       672          

      (D)  "Employer" or "public employer" means the state or any  674          

county, township, municipal corporation, park district,            675          

conservancy district, sanitary district, health district,          676          

metropolitan housing authority, state retirement board, Ohio       677          

                                                          17     

                                                                 
historical society, public library, county law library, union      678          

cemetery, joint hospital, institutional commissary, state medical  679          

college, state university, or board, bureau, commission, council,  680          

committee, authority, or administrative body as the same are, or   681          

have been, created by action of the general assembly or by the     682          

legislative authority of any of the units of local government      683          

named in this division not covered by section 3307.01 or 3309.01   684          

of the Revised Code.  In addition, "employer" means the employer   685          

of any public employee.                                            686          

      (E)  "Prior service" means all service as a public employee  688          

rendered before January 1, 1935, and all service as an employee    689          

of any employer who comes within the state teachers retirement     690          

system or of the school employees retirement system or of any      691          

other retirement system established under the laws of this state   692          

rendered prior to January 1, 1935, provided that if the employee   693          

claiming the service was employed in any capacity covered by that  696          

other system after that other system was established, credit for   697          

the service may be allowed by the public employees retirement      698          

system only when the employee has made payment, to be computed on  699          

the salary earned from the date of appointment to the date         700          

membership was established in the public employees retirement      701          

system, at the rate in effect at the time of payment, and the      702          

employer has made payment of the corresponding full liability as   703          

provided by section 145.44 of the Revised Code.  "Prior service"   704          

also means all service credited for active duty with the armed     705          

forces of the United States as provided in section 145.30 of the   706          

Revised Code.                                                                   

      If an employee who has been granted prior service credit by  708          

the public employees retirement system for service rendered prior  709          

to January 1, 1935, as an employee of a board of education         710          

establishes, before retirement, one year or more of contributing   711          

service in the state teachers retirement system or school          712          

employees retirement system, then the prior service ceases to be   714          

the liability of this system.                                      715          

                                                          18     

                                                                 
      If the board determines that a position of any member in     717          

any calendar year prior to January 1, 1935, was a part-time        718          

position, the board shall determine what fractional part of a      719          

year's credit shall be allowed by the following formula:           720          

      (1)  When the member has been either elected or appointed    722          

to an office the term of which was two or more years and for       723          

which an annual salary is established, the fractional part of the  724          

year's credit shall be computed as follows:                        725          

      First, when the member's annual salary is one thousand       727          

dollars or less, the service credit for each such calendar year    728          

shall be forty per cent of a year.                                 729          

      Second, for each full one hundred dollars of annual salary   731          

above one thousand dollars, the member's service credit for each   732          

such calendar year shall be increased by two and one-half per      733          

cent.                                                              734          

      (2)  When the member is paid on a per diem basis, the        736          

service credit for any single year of the service shall be         737          

determined by using the number of days of service for which the    739          

compensation was received in any such year as a numerator and      740          

using two hundred fifty days as a denominator.                     741          

      (3)  When the member is paid on an hourly basis, the         743          

service credit for any single year of the service shall be         744          

determined by using the number of hours of service for which the   746          

compensation was received in any such year as a numerator and      748          

using two thousand hours as a denominator.                         749          

      (F)  "Contributor" means any person who has an account in    751          

the employees' savings fund created by section 145.23 of the       752          

Revised Code.                                                      753          

      (G)  "Beneficiary" or "beneficiaries" means the estate or a  755          

person or persons who, as the result of the death of a member,     756          

contributor, or retirant, qualify for or are receiving some right  757          

or benefit under this chapter.                                     758          

      (H)(1)  "Total service credit," except as provided in        760          

section 145.37 of the Revised Code, means all service credited to  761          

                                                          19     

                                                                 
a member of the retirement system since last becoming a member,    762          

including restored service credit as provided by section 145.31    763          

of the Revised Code; credit purchased under sections 145.293 and   764          

145.299 of the Revised Code; all the member's prior service        765          

credit; all the member's military service credit computed as       766          

provided in this chapter; all service credit established pursuant  767          

to section 145.297 of the Revised Code; and any other service      769          

credited under this chapter.  In addition, "total service credit"  770          

includes any period, not in excess of three years, during which a  771          

member was out of service and receiving benefits under Chapters    772          

4121. and 4123. of the Revised Code.  For the exclusive purpose    773          

of satisfying the service credit requirement and of determining    774          

eligibility for benefits under sections 145.32, 145.33, 145.331,   775          

145.35, 145.36, and 145.361 of the Revised Code, "five or more     776          

years of total service credit" means sixty or more calendar        777          

months of contributing service in this system.                     778          

      (2)  "One and one-half years of contributing service         780          

credit," as used in division (B) of section 145.45 of the Revised  781          

Code, also means eighteen or more calendar months of employment    782          

by a municipal corporation that formerly operated its own          783          

retirement plan for its employees or a part of its employees,      784          

provided that all employees of that municipal retirement plan who  785          

have eighteen or more months of such employment, upon              786          

establishing membership in the public employees retirement         787          

system, shall make a payment of the contributions they would have  788          

paid had they been members of this system for the eighteen months  789          

of employment preceding the date membership was established.       790          

When that payment has been made by all such employee-members, a    791          

corresponding payment shall be paid into the employers'            792          

accumulation fund by that municipal corporation as the employer    793          

of the employees.                                                  794          

      (3)  Where a member also is a member of the state teachers   796          

retirement system or the school employees retirement system, or    797          

both, except in cases of retirement on a combined basis pursuant   798          

                                                          20     

                                                                 
to section 145.37 of the Revised Code, service credit for any      799          

period shall be credited on the basis of the ratio that            800          

contributions to THE public employees retirement system bears to   801          

total contributions in all state retirement systems.               803          

      (4)  Not more than one year of credit may be given for any   805          

period of twelve months.                                           806          

      (5)  "Ohio service credit" means credit for service that     808          

was rendered to the state or any of its political subdivisions or  809          

any employer as defined in division (D) of this section.           810          

      (I)  "Regular or current interest" means interest at any     812          

rates for the respective funds and accounts as the public          813          

employees retirement board may determine from time to time,        814          

except as follows:                                                 815          

      (1)  Subsequent to December 31, 1958, the retirement board   817          

shall discontinue the annual crediting of current interest to the  818          

individual accounts of contributors.  The noncrediting of current  819          

interest shall not affect the rate of interest at retirement       820          

guaranteed under this division.                                    821          

      (2)  The rate of interest credited on a contributor's        823          

contributions at retirement shall be four per cent per annum,      824          

compounded annually, to and including December 31, 1955; three     825          

per cent per annum, compounded annually, from January 1, 1956, to  826          

and including December 31, 1963; three and one-quarter per cent    827          

per annum, compounded annually, from January 1, 1964, to and       828          

including December 31, 1969; and thereafter four per cent per      830          

annum, compounded annually.                                                     

      In determining the reserve value for the purpose of          832          

computing the amount of the contributor's annuity, the rate of     833          

interest used in the annuity values shall be four per cent per     834          

annum, compounded annually, for contributors retiring before       835          

October 1, 1956, and after December 31, 1969; three per cent per   836          

annum, compounded annually, for contributors retiring between      838          

October 1, 1956, and December 31, 1963; and three and one-quarter  839          

per cent per annum, compounded annually, for contributors          840          

                                                          21     

                                                                 
retiring from January 1, 1964, to December 31, 1969.  Interest on  841          

contributions from contributors within any one calendar year       842          

shall begin on the first day of the calendar year next following   843          

and shall be computed at the end of each calendar year, except in  844          

the case of a contributor who retires before the end of the year.  845          

      (J)  "Accumulated contributions" means the sum of all        847          

amounts credited to a contributor's individual account in the      848          

employees' savings fund together with any current interest         849          

thereon, but does not include the interest adjustment at           850          

retirement.                                                        851          

      (K)(1)  "Final average salary" means the quotient obtained   853          

by dividing by three the sum of the three full calendar years of   854          

contributing service in which the member's earnable salary was     855          

highest, except that if the member has a partial year of           856          

contributing service in the year the member's employment           857          

terminates and the member's earnable salary for the partial year   859          

is higher than for any comparable period in the three years, the   860          

member's earnable salary for the partial year shall be             862          

substituted for the member's earnable salary for the comparable    863          

period during the three years in which the member's earnable       866          

salary was lowest.                                                              

      (2)  If a member has less than three years of contributing   868          

service, the member's final average salary shall be the member's   870          

total earnable salary divided by the total number of years,        871          

including any fraction of a year, of the member's contributing     873          

service.                                                                        

      (3)  For the purpose of calculating benefits payable to a    875          

member qualifying for service credit under division (Z) of this    876          

section, "final average salary" means the total earnable salary    877          

on which contributions were made divided by the total number of    878          

years during which contributions were made, including any          879          

fraction of a year.  If contributions were made for less than      880          

twelve months, "final average salary" means the member's total     881          

earnable salary.                                                   882          

                                                          22     

                                                                 
      (L)  "Annuity" means payments for life derived from          884          

contributions made by a contributor and paid from the annuity and  885          

pension reserve fund as provided in this chapter.  All annuities   886          

shall be paid in twelve equal monthly installments.                887          

      (M)  "Annuity reserve" means the present value, computed     889          

upon the basis of the mortality and other tables adopted by the    891          

board, of all payments to be made on account of any annuity, or    892          

benefit in lieu of any annuity, granted to a retirant as provided  893          

in this chapter.                                                                

      (N)(1)  "Disability retirement" means retirement as          895          

provided in section 145.36 of the Revised Code.                    896          

      (2)  "Disability allowance" means an allowance paid on       898          

account of disability under section 145.361 of the Revised Code.   899          

      (3)  "Disability benefit" means a benefit paid as            901          

disability retirement under section 145.36 of the Revised Code,    902          

as a disability allowance under section 145.361 of the Revised     903          

Code, or as a disability benefit under section 145.37 of the       904          

Revised Code.                                                      905          

      (4)  "Disability benefit recipient" means a member who is    907          

receiving a disability benefit.                                    908          

      (O)  "Age and service retirement" means retirement as        910          

provided in sections 145.32, 145.33, 145.331, 145.34, 145.37, and  911          

145.46 of the Revised Code.                                        912          

      (P)  "Pensions" means annual payments for life derived from  914          

contributions made by the employer that at the time of retirement  915          

are credited into the annuity and pension reserve fund from the    916          

employers' accumulation fund and paid from the annuity and         917          

pension reserve fund as provided in this chapter.  All pensions    918          

shall be paid in twelve equal monthly installments.                919          

      (Q)  "Retirement allowance" means the pension plus that      921          

portion of the benefit derived from contributions made by the      922          

member.                                                            923          

      (R)(1)  Except as otherwise provided in this division,       925          

"earnable salary" means all salary, wages, and other earnings      926          

                                                          23     

                                                                 
paid to a contributor by reason of employment in a position        927          

covered by the retirement system.  The salary, wages, and other    929          

earnings shall be determined prior to determination of the amount  930          

required to be contributed to the employees' savings fund under    931          

section 145.47 of the Revised Code and without regard to whether   932          

any of the salary, wages, or other earnings are treated as         933          

deferred income for federal income tax purposes.  "Earnable        934          

salary" includes the following:                                    935          

      (a)  Payments made by the employer in lieu of salary,        937          

wages, or other earnings for sick leave, personal leave, or        938          

vacation used by the contributor;                                  939          

      (b)  Payments made by the employer for the conversion of     941          

sick leave, personal leave, and vacation leave accrued but not     942          

used if the payment is made during the year in which the leave is  943          

accrued, except that payments made pursuant to section 124.383 or  944          

124.386 of the Revised Code are not earnable salary;               945          

      (c)  Allowances paid by the employer for full maintenance,   947          

consisting of housing, laundry, and meals, as certified to the     948          

retirement board by the employer or the head of the department     949          

that employs the contributor;                                      950          

      (d)  Fees and commissions paid under section 507.09 of the   952          

Revised Code;                                                      953          

      (e)  Payments that are made under a disability leave         955          

program sponsored by the employer and for which the employer is    956          

required by section 145.296 of the Revised Code to make periodic   957          

employer and employee contributions;                               958          

      (f)  Amounts included pursuant to divisions (K)(3) and (Y)   960          

of this section.                                                   961          

      (2)  "Earnable salary" does not include any of the           963          

following:                                                         964          

      (a)  Fees and commissions, other than those paid under       966          

section 507.09 of the Revised Code, paid as sole compensation for  967          

personal services and fees and commissions for special services    968          

over and above services for which the contributor receives a       969          

                                                          24     

                                                                 
salary;                                                            970          

      (b)  Amounts paid by the employer to provide life            972          

insurance, sickness, accident, endowment, health, medical,         973          

hospital, dental, or surgical coverage, or other insurance for     974          

the contributor or the contributor's family, or amounts paid by    976          

the employer to the contributor in lieu of providing the                        

insurance;                                                         977          

      (c)  Incidental benefits, including lodging, food, laundry,  979          

parking, or services furnished by the employer, or use of the      980          

employer's property or equipment, or amounts paid by the employer  981          

to the contributor in lieu of providing the incidental benefits;   983          

      (d)  Reimbursement for job-related expenses authorized by    985          

the employer, including moving and travel expenses and expenses    986          

related to professional development;                               987          

      (e)  Payments for accrued but unused sick leave, personal    989          

leave, or vacation that are made at any time other than in the     990          

year in which the sick leave, personal leave, or vacation was      991          

accrued;                                                           992          

      (f)  Payments made to or on behalf of a contributor that     994          

are in excess of the annual compensation that may be taken into    995          

account by the retirement system under division (a)(17) of         996          

section 401 of the "Internal Revenue Code of 1986," 100 Stat.      997          

2085, 26 U.S.C.A. 401(a)(17), as amended;                          998          

      (g)  Payments made under division (B) or (D) of section      1,000        

5923.05 of the Revised Code or Section 4 of Substitute Senate      1,001        

Bill No. 3 of the 119th general assembly;                          1,002        

      (h)  Anything of value received by the contributor that is   1,004        

based on or attributable to retirement or an agreement to retire,  1,005        

except that payments made on or before January 1, 1989, that are   1,006        

based on or attributable to an agreement to retire shall be        1,007        

included in earnable salary if both of the following apply:        1,008        

      (i)  The payments are made in accordance with contract       1,010        

provisions that were in effect prior to January 1, 1986;           1,011        

      (ii)  The employer pays the retirement system an amount      1,013        

                                                          25     

                                                                 
specified by the retirement board equal to the additional          1,014        

liability resulting from the payments.                             1,015        

      (3)  The retirement board shall determine by rule whether    1,017        

any compensation not enumerated in this division is earnable       1,018        

salary, and its decision shall be final.                           1,019        

      (S)  "Pension reserve" means the present value, computed     1,021        

upon the basis of the mortality and other tables adopted by the    1,023        

board, of all payments to be made on account of any retirement     1,024        

allowance or benefit in lieu of any retirement allowance, granted  1,025        

to a member or beneficiary under this chapter.                     1,026        

      (T)(1)  "Contributing service" means all service credited    1,028        

to a member of the system since January 1, 1935, for which         1,029        

contributions are made as required by sections 145.47, 145.48,     1,030        

and 145.483 of the Revised Code.  In any year subsequent to 1934,  1,031        

credit for any service shall be allowed by the following formula:  1,032        

      (a)  For each month for which the member's earnable salary   1,034        

is two hundred fifty dollars or more, allow one month's credit.    1,035        

      (b)  For each month for which the member's earnable salary   1,037        

is less than two hundred fifty dollars, allow a fraction of a      1,038        

month's credit.  The numerator of this fraction shall be the       1,039        

earnable salary during the month, and the denominator shall be     1,040        

two hundred fifty dollars, except that if the member's annual      1,042        

earnable salary is less than six hundred dollars, the member's     1,043        

credit shall not be reduced below twenty per cent of a year for a  1,044        

calendar year of employment during which the member worked each    1,046        

month.  This division shall not reduce any credit earned before                 

January 1, 1985.                                                   1,047        

      (2)  Notwithstanding division (T)(1) of this section, an     1,049        

elected official who prior to January 1, 1980, was granted a full  1,050        

year of credit for each year of service as an elected official     1,051        

shall be considered to have earned a full year of credit for each  1,052        

year of service regardless of whether the service was full-time    1,053        

or part-time.  The public employees retirement board has no        1,054        

authority to reduce the credit.                                    1,055        

                                                          26     

                                                                 
      (U)  "State retirement board" means the public employees     1,057        

retirement board, the school employees retirement board, or the    1,058        

state teachers retirement board.                                   1,059        

      (V)  "Retirant" means any former member who retires and is   1,061        

receiving a monthly allowance as provided in sections 145.32,      1,062        

145.33, 145.331, 145.34, and 145.46 of the Revised Code.           1,063        

      (W)  "Employer contribution" means the amount paid by an     1,065        

employer as determined by the employer rate including the normal   1,066        

and deficiency contribution rates.                                 1,067        

      (X)  "Public service terminates" means the last day for      1,069        

which a public employee is compensated for services performed for  1,070        

an employer or the date of the employee's death, whichever occurs  1,071        

first.                                                             1,072        

      (Y)  When a member has been elected or appointed to an       1,074        

office, the term of which is two or more years, for which an       1,075        

annual salary is established, and in the event that the salary of  1,076        

the office is increased and the member is denied the additional    1,077        

salary by reason of any constitutional provision prohibiting an    1,078        

increase in salary during a term of office, the member may elect   1,080        

to have the amount of the member's contributions calculated upon   1,081        

the basis of the increased salary for the office.  At the          1,082        

member's request, the board shall compute the total additional     1,083        

amount the member would have contributed, or the amount by which   1,084        

each of the member's contributions would have increased, had the   1,085        

member received the increased salary for the office the member     1,086        

holds.  If the member elects to have the amount by which the       1,087        

member's contribution would have increased withheld from the       1,089        

member's salary, the member shall notify the employer, and the                  

employer shall make the withholding and transmit it to the         1,091        

retirement system.  A member who has not elected to have that      1,092        

amount withheld may elect at any time to make a payment to the     1,093        

retirement system equal to the additional amount the member's      1,094        

contribution would have increased, plus interest on that           1,096        

contribution, compounded annually at a rate established by the     1,097        

                                                          27     

                                                                 
board and computed from the date on which the last contribution    1,098        

would have been withheld from the member's salary to the date of   1,099        

payment.  A member may make a payment for part of the period for   1,100        

which the increased contribution was not withheld, in which case   1,101        

the interest shall be computed from the date the last              1,102        

contribution would have been withheld for the period for which     1,103        

the payment is made.  Upon the payment of the increased            1,104        

contributions as provided in this division, the increased annual   1,105        

salary as provided by law for the office for the period for which  1,106        

the member paid increased contributions thereon shall be used in   1,107        

determining the member's earnable salary for the purpose of        1,108        

computing the member's "final average salary."                                  

      (Z)  "Five years of service credit," for the exclusive       1,110        

purpose of satisfying the service credit requirements and of       1,111        

determining eligibility for benefits under section 145.33 of the   1,112        

Revised Code, means employment covered under this chapter or       1,113        

under a former retirement plan operated, recognized, or endorsed   1,114        

by the employer prior to coverage under this chapter, or under a   1,115        

combination of the coverage.                                       1,116        

      (AA)  "Deputy sheriff" means any person who is commissioned  1,118        

and employed as a full-time peace officer by the sheriff of any    1,119        

county, and has been so employed since on or before December 31,   1,120        

1965, and whose primary duties are to preserve the peace, to       1,121        

protect life and property, and to enforce the laws of this state;  1,122        

any person who is or has been commissioned and employed as a       1,123        

peace officer by the sheriff of any county since January 1, 1966,  1,124        

and who has received a certificate attesting to the person's       1,125        

satisfactory completion of the peace officer training school as    1,126        

required by section 109.77 of the Revised Code and whose primary   1,127        

duties are to preserve the peace, protect life and property, and   1,128        

enforce the laws of this state; or any person deputized by the     1,129        

sheriff of any county and employed pursuant to section 2301.12 of  1,130        

the Revised Code as a criminal bailiff or court constable who has  1,131        

received a certificate attesting to the person's satisfactory      1,132        

                                                          28     

                                                                 
completion of the peace officer training school as required by     1,133        

section 109.77 of the Revised Code and whose primary duties are    1,134        

to preserve the peace, protect life and property, and enforce the  1,136        

laws of this state.                                                             

      (BB)  "Township constable or police officer in a township    1,138        

police department or district" means any person who is             1,139        

commissioned and employed as a full-time peace officer pursuant    1,140        

to Chapter 505. or 509. of the Revised Code, who has received a    1,141        

certificate attesting to the person's satisfactory completion of   1,142        

the peace officer training school as required by section 109.77    1,143        

of the Revised Code, and whose primary duties are to preserve the  1,144        

peace, protect life and property, and enforce the laws of this     1,145        

state.                                                             1,146        

      (CC)  "Drug agent" means any person who is either of the     1,148        

following:                                                         1,149        

      (1)  Employed full-time as a narcotics agent by a county     1,151        

narcotics agency created pursuant to section 307.15 of the         1,152        

Revised Code and has received a certificate attesting to the       1,154        

satisfactory completion of the peace officer training school as                 

required by section 109.77 of the Revised Code;                    1,155        

      (2)  Employed full-time as an undercover drug agent as       1,157        

defined in section 109.79 of the Revised Code and is in            1,158        

compliance with section 109.77 of the Revised Code.                1,159        

      (DD)  "Liquor control investigator" means a full-time        1,161        

employee of the department of public safety who is engaged in the  1,162        

enforcement of Chapters 4301. and 4303. of the Revised Code and    1,163        

is in compliance with section 109.77 of the Revised Code.          1,164        

      (EE)  "Park officer" means a full-time employee of the       1,166        

department of natural resources who is designated a park officer   1,167        

under section 1541.10 of the Revised Code and is in compliance     1,168        

with section 109.77 of the Revised Code.                           1,169        

      (FF)  "Forest officer" means a full-time employee of the     1,171        

department of natural resources who is designated a forest         1,172        

officer under section 1503.29 of the Revised Code and is in        1,173        

                                                          29     

                                                                 
compliance with section 109.77 of the Revised Code.                1,174        

      (GG)  "Wildlife officer" means a full-time employee of the   1,176        

department of natural resources who is designated a wildlife       1,177        

officer under section 1531.13 of the Revised Code and is in        1,178        

compliance with section 109.77 of the Revised Code.                1,179        

      (HH)  "State watercraft officer" means a full-time employee  1,181        

of the department of natural resources who is designated a state   1,182        

watercraft officer under section 1547.521 of the Revised Code and  1,183        

is in compliance with section 109.77 of the Revised Code.          1,184        

      (II)  "Park district police officer" means a full-time       1,186        

employee of a park district who is designated pursuant to section  1,187        

511.232 or 1545.13 of the Revised Code and is in compliance with   1,188        

section 109.77 of the Revised Code.                                1,189        

      (JJ)  "Conservancy district officer" means a full-time       1,191        

employee of a conservancy district who is designated pursuant to   1,192        

section 6101.75 of the Revised Code and is in compliance with      1,193        

section 109.77 of the Revised Code.                                1,194        

      (KK)  "Municipal police officer" means a member of the       1,196        

organized police department of a municipal corporation who is      1,197        

employed full-time, is in compliance with section 109.77 of the    1,198        

Revised Code, and is not a member of the police and firemen's      1,199        

disability and pension fund.                                       1,200        

      (LL)  "Ohio veterans' home police officer" means any person  1,203        

who is employed at the Ohio veterans' home as a police officer     1,204        

pursuant to section 5907.02 of the Revised Code and is in          1,205        

compliance with section 109.77 of the Revised Code.                             

      (MM)  "Special police officer for a mental health            1,207        

institution" means any person who is designated as such pursuant   1,208        

to section 5119.14 of the Revised Code and is in compliance with   1,209        

section 109.77 of the Revised Code.                                1,210        

      (NN)  "Special police officer for an institution for the     1,213        

mentally retarded and developmentally disabled" means any person                

who is designated as such pursuant to section 5123.13 of the       1,214        

Revised Code and is in compliance with section 109.77 of the       1,215        

                                                          30     

                                                                 
Revised Code.                                                                   

      (OO)  "State university law enforcement officer" means any   1,217        

person who is employed full-time as a state university law         1,218        

enforcement officer pursuant to section 3345.04 of the Revised     1,219        

Code and who is in compliance with section 109.77 of the Revised   1,220        

Code.                                                                           

      (PP)  "Hamilton county municipal court bailiff" means a      1,222        

person appointed by the clerk of courts of the Hamilton county     1,224        

municipal court under division (A)(3) of section 1901.32 of the    1,225        

Revised Code who is employed full-time as a bailiff or deputy      1,226        

bailiff, who has received a certificate attesting to the person's  1,227        

satisfactory completion of the peace officer training school as    1,228        

required by division (C) of section 109.77 of the Revised Code,    1,229        

and whose primary duties are to preserve the peace, to protect     1,230        

life and property, and to enforce the laws of this state.          1,231        

      (QQ)  Notwithstanding section 2901.01 of the Revised Code,   1,233        

"law enforcement officer" means a sheriff, deputy sheriff,         1,234        

township constable or police officer in a township police          1,235        

department or district, drug agent, liquor control investigator,   1,236        

park officer, forest officer, wildlife officer, state watercraft   1,237        

officer, park district police officer, conservancy district        1,238        

officer, Ohio veterans' home police officer, special police        1,240        

officer for a mental health institution, special police officer    1,241        

for an institution for the mentally retarded and developmentally   1,242        

disabled, state university law enforcement officer, Hamilton       1,243        

county municipal court bailiff, or municipal police officer.       1,244        

      (RR)  "Fiduciary" means a person who does any of the         1,246        

following:                                                         1,247        

      (1)  Exercises any discretionary authority or control with   1,249        

respect to the management of the system or with respect to the     1,250        

management or disposition of its assets;                           1,251        

      (2)  Renders investment advice for a fee, direct or          1,253        

indirect, with respect to money or property of the system;         1,254        

      (3)  Has any discretionary authority or responsibility in    1,256        

                                                          31     

                                                                 
the administration of the system.                                  1,257        

      (SS)  "Actuary" means an individual who satisfies all of     1,259        

the following requirements:                                        1,261        

      (1)  Is a member of the American academy of actuaries;       1,264        

      (2)  Is an associate or fellow of the society of actuaries;  1,266        

      (3)  Has a minimum of five years' experience in providing    1,268        

actuarial services to public retirement plans.                     1,269        

      Sec. 145.30.  (A)  As used in this section and section       1,278        

145.301 of the Revised Code:                                       1,279        

      (1)  "Armed forces" of the United States includes the        1,281        

following:                                                                      

      (a)  Army, navy, air force, marine corps, coast guard,       1,283        

auxiliary corps as established by congress, red cross nurse        1,284        

serving with the army, navy, air force, or hospital service of     1,285        

the United States, army nurse corps, navy nurse corps, full-time   1,286        

service with the American red cross in a combat zone, and such     1,287        

other service as may be designated by congress as included         1,288        

therein;                                                           1,289        

      (b)  Personnel of the Ohio national guard, the Ohio          1,291        

military reserve, the Ohio naval militia, and the reserve          1,292        

components of any of the armed forces enumerated in division       1,293        

(A)(1) of this section who are called to active duty pursuant to   1,294        

an executive order issued by the president of the United States    1,295        

or an act of congress;                                             1,296        

      (c)  Persons on whom United States merchant marine veteran   1,298        

status has been conferred for service aboard oceangoing merchant   1,299        

ships in service to the United States during World War II.         1,300        

      (2)  "State retirement system" means any of the following:   1,302        

the police and firemen's disability and pension fund, public       1,303        

employees retirement system, school employees retirement system,   1,304        

state highway patrol retirement system, or the state teachers      1,305        

retirement system.                                                              

      (B)  Upon re-employment REEMPLOYMENT in the public service   1,307        

and completion of one year of service credit as covered by a       1,309        

                                                          32     

                                                                 
state retirement system or the Cincinnati retirement system,       1,310        

within two years after an honorable discharge SERVICE IN THE       1,312        

UNIFORMED SERVICES THAT IS TERMINATED IN A MANNER OTHER THAN AS    1,313        

DESCRIBED IN SECTION 4304 OF TITLE 38 OF THE UNITED STATES CODE,   1,315        

"UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF      1,316        

1994," 108 STAT. 3149, 38 U.S.C.A. 4304, and presentation of an    1,318        

honorable discharge or certificate of DOCUMENTATION OF THE         1,319        

service and subject to rules adopted by the retirement board, any  1,321        

member of the public employees retirement system who was a member  1,322        

with not less than one year of payroll deductions before entering  1,323        

active duty with the armed forces and maintained membership in     1,324        

the public employees retirement system as provided by section      1,325        

145.41 of the Revised Code, and who was or is out of active        1,326        

service as a public employee by reason of having become a member   1,327        

of the armed forces of the United States on active duty or         1,328        

service shall have such military service, not in excess of ten     1,329        

years, considered as the equivalent of prior service.  Military    1,330        

UNIFORMED service as established by an honorable discharge or      1,331        

certificate DOCUMENTATION of THE service, not in excess of ten     1,332        

years, shall also be considered prior service for a person who     1,334        

was a public employee and who has acquired service credit for                   

five years prior to, and within the one year preceding, the date   1,335        

of entering on active duty in the armed forces of the United       1,336        

States if such person was re-employed REEMPLOYED in the public     1,337        

service within one year after an honorable discharge from the      1,339        

armed forces and established a total service credit, as defined    1,340        

in division (H) of section 145.01 of the Revised Code SERVICE IN   1,342        

THE UNIFORMED SERVICES THAT IS TERMINATED IN A MANNER OTHER THAN   1,343        

AS DESCRIBED IN SECTION 4304 OF TITLE 38 OF THE UNITED STATES      1,345        

CODE, "UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT   1,346        

OF 1994," 108 STAT. 3149, 38 U.S.C.A. 4304, of twenty years        1,348        

exclusive of credit for military UNIFORMED service.  This                       

division shall not serve to cancel any military service credit     1,349        

earned or granted prior to November 1, 1965.                       1,350        

                                                          33     

                                                                 
      (C)  A member of the public employees retirement system is   1,352        

ineligible to receive service credit under this section for any    1,353        

year of military service credit used in the calculation of any     1,354        

retirement benefit currently being paid to the member or payable   1,355        

in the future under any other retirement program, except social    1,356        

security, or used to obtain service credit pursuant to section     1,357        

145.301 or 145.302 of the Revised Code.  At the time such credit   1,358        

is requested, the member shall certify on a form supplied by the   1,361        

retirement board that the member does and will conform to this     1,362        

requirement.  This division does not cancel any military service   1,363        

credit earned prior to March 15, 1979.                             1,364        

      Sec. 718.01.  (A)  As used in this chapter:                  1,373        

      (1)  "Internal Revenue Code" means the Internal Revenue      1,375        

Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.             1,376        

      (2)  "Schedule C" means internal revenue service schedule C  1,378        

filed by a taxpayer pursuant to the Internal Revenue Code.         1,379        

      (3)  "Form 2106" means internal revenue service form 2106    1,381        

filed by a taxpayer pursuant to the Internal Revenue Code.         1,382        

      (4)  "Intangible income" means income of any of the          1,384        

following types:  income yield, interest, dividends, or other      1,385        

income arising from the ownership, sale, exchange, or other        1,386        

disposition of intangible property including, but not limited to,  1,387        

investments, deposits, money, or credits as those terms are        1,388        

defined in Chapter 5701. of the Revised Code.                      1,389        

      (B)  No municipal corporation with respect to that income    1,391        

which it may tax shall tax such income at other than a uniform     1,392        

rate.                                                                           

      (C)  No municipal corporation shall levy a tax on income at  1,394        

a rate in excess of one per cent without having obtained the       1,395        

approval of the excess by a majority of the electors of the        1,396        

municipality voting on the question at a general, primary, or      1,397        

special election.  The legislative authority of the municipal      1,398        

corporation shall file with the board of elections at least        1,399        

seventy-five days before the day of the election a copy of the     1,400        

                                                          34     

                                                                 
ordinance together with a resolution specifying the date the       1,401        

election is to be held and directing the board of elections to     1,402        

conduct the election.  The ballot shall be in the following form:  1,403        

"Shall the Ordinance providing for a ... per cent levy on income   1,404        

for (Brief description of the purpose of the proposed levy) be     1,405        

passed?                                                            1,406        

      FOR THE INCOME TAX                                           1,408        

      AGAINST THE INCOME TAX"                                      1,410        

      In the event of an affirmative vote, the proceeds of the     1,412        

levy may be used only for the specified purpose.                   1,413        

      (D)  (1) Except as otherwise provided in division (D)(2) of  1,415        

this section, no municipal corporation shall exempt from a tax on  1,416        

income, compensation for personal services of individuals over     1,417        

eighteen years of age or the net profit from a business or         1,418        

profession.                                                                     

      (2)  The legislative authority of a municipal corporation    1,420        

may, by ordinance or resolution, exempt from a tax on income any   1,421        

compensation arising from the grant, sale, exchange, or other      1,422        

disposition of a stock option; the exercise of a stock option; or  1,423        

the sale, exchange, or other disposition of stock purchased under  1,424        

a stock option.                                                                 

      (E)  Nothing in this section shall prevent a municipal       1,426        

corporation from permitting lawful deductions as prescribed by     1,427        

ordinance.  If a taxpayer's taxable income includes income         1,428        

against which the taxpayer has taken a deduction for federal       1,429        

income tax purposes as reportable on the taxpayer's form 2106,     1,430        

and against which a like deduction has not been allowed by the     1,431        

municipal corporation, the municipal corporation shall deduct      1,432        

from the taxpayer's taxable income an amount equal to the          1,433        

deduction shown on such form allowable against such income, to     1,434        

the extent not otherwise so allowed as a deduction by the          1,435        

municipal corporation.  In the case of a taxpayer who has a net    1,436        

profit from a business or profession that is operated as a sole    1,437        

proprietorship, no municipal corporation may tax or use as the     1,438        

                                                          35     

                                                                 
base for determining the amount of the net profit that shall be    1,439        

considered as having a taxable situs in the municipal              1,440        

corporation, a greater amount than the net profit reported by the  1,441        

taxpayer on schedule C filed in reference to the year in question  1,442        

as taxable income from such sole proprietorship, except as         1,443        

otherwise specifically provided by ordinance or regulation.        1,444        

      (F)  No municipal corporation shall tax any of the           1,446        

following:                                                                      

      (1)  The military pay or allowances of members of the armed  1,448        

forces of the United States AND OF MEMBERS OF THEIR RESERVE        1,449        

COMPONENTS, INCLUDING THE OHIO NATIONAL GUARD;                     1,451        

      (2)  The income of religious, fraternal, charitable,         1,453        

scientific, literary, or educational institutions to the extent    1,454        

that such income is derived from tax-exempt real estate,           1,456        

tax-exempt tangible or intangible property, or tax-exempt                       

activities;                                                        1,457        

      (3)  Except as otherwise provided in division (G) of this    1,459        

section, intangible income;                                        1,460        

      (4)  Compensation paid under section 3501.28 or 3501.36 of   1,462        

the Revised Code to a person serving as a precinct election        1,463        

official, to the extent that such compensation does not exceed     1,464        

one thousand dollars annually.  Such compensation in excess of     1,465        

one thousand dollars may be subjected to taxation by a municipal                

corporation.  A municipal corporation shall not require the payer  1,466        

of such compensation to withhold any tax from that compensation.   1,467        

      (5)  Compensation paid to an employee of a transit           1,469        

authority, regional transit authority, or regional transit         1,470        

commission created under Chapter 306. of the Revised Code for      1,471        

operating a transit bus or other motor vehicle for the authority   1,472        

or commission in or through the municipal corporation, unless the  1,473        

bus or vehicle is operated on a regularly scheduled route, the     1,474        

operator is subject to such a tax by reason of residence or                     

domicile in the municipal corporation, or the headquarters of the  1,475        

authority or commission is located within the municipal            1,476        

                                                          36     

                                                                 
corporation.                                                                    

      (G)  Any municipal corporation that taxes any type of        1,478        

intangible income on March 29, 1988, pursuant to Section 3 of      1,479        

Amended Substitute Senate Bill No. 238 of the 116th General        1,480        

Assembly GENERAL ASSEMBLY, may continue to tax that type of        1,482        

income after 1988 if a majority of the electors of the municipal   1,483        

corporation voting on the question of whether to permit the        1,484        

taxation of that type of intangible income after 1988 vote in                   

favor thereof at an election held on November 8, 1988.             1,485        

      (H)  Nothing in this section or section 718.02 of the        1,487        

Revised Code, shall authorize the levy of any tax on income which  1,488        

a municipal corporation is not authorized to levy under existing   1,489        

laws or shall require a municipal corporation to allow a           1,490        

deduction from taxable income for losses incurred from a sole      1,491        

proprietorship or partnership.                                     1,492        

      Sec. 1751.54.  (A)  As used in this section:                 1,501        

      (1)  "Eligible person" means any person who, at the time a   1,503        

reservist is called or ordered to active duty, is covered under a  1,505        

group contract and is either of the following:                                  

      (a)  An employee who is a reservist called or ordered to     1,508        

active duty;                                                                    

      (b)  The spouse or a dependent child of an employee          1,511        

described in division (A)(1)(a) of this section.                   1,512        

      (2)  "Group contract" includes any group health insuring     1,514        

corporation contract that satisfies all of the following:          1,515        

      (a)  The contract is delivered, issued for delivery, or      1,518        

renewed in this state on or after the effective date of this       1,519        

section.                                                                        

      (b)  The contract covers employees for health care           1,522        

services, including basic health care services.                    1,523        

      (c)  The contract is in effect and covers an eligible        1,526        

person at the time a reservist is called or ordered to active      1,527        

duty.                                                                           

      (3)  "Reservist" means a member of a reserve component of    1,529        

                                                          37     

                                                                 
the armed forces of the United States.  "Reservist" includes a     1,531        

member of the Ohio national guard and the Ohio air national        1,532        

guard.                                                                          

      (B)  Every group contract shall provide that any eligible    1,535        

person may continue the coverage under the contract for a period   1,536        

of eighteen months after the date on which the coverage would      1,537        

otherwise terminate because the reservist is called or ordered to  1,538        

active duty.                                                                    

      (C)(1)  An eligible person may extend the eighteen-month     1,541        

period of continuation of coverage to a thirty-six-month period    1,542        

of continuation of coverage, if any of the following occurs        1,543        

during the eighteen-month period:                                  1,544        

      (a)  The death of the reservist;                             1,547        

      (b)  The divorce or separation of a reservist from the       1,550        

reservist's spouse;                                                             

      (c)  The cessation of dependency of a child pursuant to the  1,553        

terms of the contract.                                             1,554        

      (2)  The thirty-six-month period of continuation of          1,556        

coverage is deemed to begin on the date on which the coverage      1,557        

would otherwise terminate because the reservist is called or       1,558        

ordered to active duty.                                            1,559        

      (3)  The employer may begin the thirty-six-month period on   1,561        

the date of any occurrence described in division (C)(1) of this    1,563        

section.                                                                        

      (D)  All of the following apply to any continuation of       1,566        

coverage, or the extension of any continuation of coverage,        1,567        

provided under division (B) or (C) of this section:                1,569        

      (1)  The continuation of coverage shall provide the same     1,571        

benefits as those provided to any similarly situated eligible      1,572        

person who is covered under the same group contract and an         1,573        

employee who has not been called or ordered to active duty.        1,575        

      (2)  An employer shall notify each employee of the right of  1,578        

continuation of coverage at the time of employment.  At the time   1,579        

the reservist is called or ordered to active duty, the employer    1,580        

                                                          38     

                                                                 
shall notify each eligible person of the requirements for the      1,581        

continuation of coverage.                                                       

      (3)  Each certificate of coverage issued by a health         1,583        

insuring corporation to an employee under the group contract       1,584        

shall include a notice of the eligible person's right of           1,585        

continuation of coverage.                                          1,586        

      (4)  An eligible person shall file a written election of     1,588        

continuation of coverage with the employer and pay the employer    1,589        

the first contribution required under division (D)(5) of this      1,591        

section.  The written election and payment must be received by     1,592        

the employer no later than thirty-one days after the date on       1,593        

which the eligible person's coverage would otherwise terminate.    1,594        

If the employer notifies the eligible person of the right of       1,595        

continuation of coverage after the date on which the eligible      1,596        

person's coverage would otherwise terminate, the written election  1,597        

and payment must be received by the employer no later than         1,598        

thirty-one days after the date of the notification.                1,599        

      (5)(a)  Except as provided in division (D)(5)(b) OR (c) of   1,601        

this section, the eligible person shall pay to the employer, on a  1,603        

monthly basis and in advance, the amount of contribution required  1,604        

by the employer.  The amount shall not exceed one hundred two per  1,605        

cent of the group rate for the coverage being continued under the  1,606        

group contract on the due date of each payment.                    1,607        

      (b)  The employer may pay a portion or all of the eligible   1,610        

person's contribution.                                                          

      (c)  A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY FOR LESS   1,612        

THAN THIRTY-ONE DAYS SHALL NOT BE REQUIRED TO PAY MORE THAN THE    1,613        

ELIGIBLE PERSON'S CONTRIBUTION, IF ANY, FOR THE COVERAGE.          1,614        

      (E)  The eligible person's right to any continuation of      1,617        

coverage, or the extension of any continuation of coverage,        1,618        

provided under division (B) or (C) of this section ceases on the   1,621        

date on which any of the following occurs:                                      

      (1)  The eligible person, whether as an employee or          1,623        

otherwise, becomes covered by another group contract or other      1,624        

                                                          39     

                                                                 
group health plan or arrangement that does not contain any         1,625        

exclusion or limitation with respect to any preexisting condition  1,627        

of that eligible person.  For purposes of division (E)(1) of this  1,628        

section, a group contract or other group health plan or            1,629        

arrangement does not include the civilian health and medical       1,630        

program of the uniformed services as defined in Public Law         1,632        

99-661, 100 Stat. 3898 (1986), 10 U.S.C.A. 1072.                   1,634        

      (2)  The period of either eighteen months provided under     1,636        

division (B) of this section or thirty-six months provided under   1,638        

division (C) of this section expires.                              1,640        

      (3)  The eligible person fails to make a timely payment of   1,642        

a required contribution, in which case the coverage ceases at the  1,644        

end of the period of coverage for which contributions were made.   1,645        

      (4)  The group contract, or participation under the group    1,647        

contract, is terminated, unless the employer, in accordance with   1,648        

division (F) of this section, replaces the coverage with similar   1,650        

coverage under another group contract or other group health plan   1,651        

or arrangement.                                                                 

      (F)  If the employer replaces the group contract with        1,654        

similar coverage as described in division (E)(4) of this section,  1,656        

both of the following apply:                                                    

      (1)  The eligible person is covered under the replacement    1,658        

coverage for the balance of the period that the person would have  1,660        

remained covered under the terminated coverage if it had not been  1,661        

terminated.                                                                     

      (2)  The level of benefits under the replacement coverage    1,663        

is the same as the level of benefits provided to any similarly     1,664        

situated eligible person who is covered under the group contract   1,665        

and an employee who has not been called or ordered to active       1,666        

duty.                                                              1,667        

      (G)  Upon the reservist's release from active duty and the   1,670        

reservist's return to employment for the employer by whom the      1,671        

reservist was employed at the time the reservist was called or     1,672        

ordered to active duty, both of the following apply:               1,673        

                                                          40     

                                                                 
      (1)  Every eligible person is entitled, without any waiting  1,676        

period, to coverage under the employer's group contract that is    1,677        

in effect at the time of the reservist's return to employment.     1,678        

      (2)  Every eligible person is entitled to all benefits       1,680        

under the group contract described in division (G)(1) of this      1,682        

section from the date of the original coverage under the           1,683        

contract.                                                                       

      (H)(1)  No health insuring corporation shall fail to         1,686        

provide for a continuation of coverage, or an extension of a       1,687        

continuation of coverage, in a group contract as required by and   1,688        

in accordance with the terms and conditions set forth under this   1,689        

section.                                                                        

      (2)  No health insuring corporation shall fail to issue a    1,691        

certificate of coverage in compliance with division (D)(3) of      1,693        

this section.                                                                   

      (3)  No employer shall fail to provide an employee or        1,695        

eligible person with notice of the right to a continuation of      1,696        

coverage under a group contract in accordance with division        1,697        

(D)(2) of this section.                                            1,698        

      (I)  Whoever violates division (H)(1), (2), or (3) of this   1,702        

section is deemed to have engaged in an unfair and deceptive act   1,703        

or practice in the business of insurance under sections 3901.19    1,704        

to 3901.26 of the Revised Code.                                    1,705        

      (J)  This section does not apply to any group contract that  1,708        

is subject to section 5923.051 of the Revised Code.                1,710        

      (K)  This section does not apply to any group contract       1,713        

offering only supplemental health care services or specialty       1,714        

health care services.                                                           

      Sec. 3319.13.  Upon the written request of a teacher, or a   1,723        

regular nonteaching school employee, a board of education may      1,724        

grant a leave of absence for a period of not more than two         1,725        

consecutive school years for educational or, professional, or      1,727        

other purposes, and shall grant such leave where illness or other  1,728        

disability is the reason for the request.  Upon subsequent         1,729        

                                                          41     

                                                                 
request, such leave may be renewed by the board.  Without          1,730        

request, a board may grant similar leave of absence and renewals   1,731        

thereof to any teacher or regular nonteaching school employee      1,732        

because of physical or mental disability, but such teacher may     1,733        

have a hearing on such unrequested leave of absence or its         1,734        

renewals in accordance with section 3319.16 of the Revised Code,   1,735        

and such nonteaching school employee may have a hearing on such    1,736        

unrequested leave of absence or its renewals in accordance with    1,737        

division (C) of section 3319.081 of the Revised Code.  Upon the    1,738        

return to service of a teacher or a nonteaching school employee    1,739        

at the expiration of a leave of absence, he THE TEACHER OR         1,740        

NONTEACHING SCHOOL EMPLOYEE shall resume the contract status       1,742        

which he THAT THE TEACHER OR NONTEACHING SCHOOL EMPLOYEE held      1,743        

prior to such THE leave OF ABSENCE.  Any teacher who leaves a      1,745        

teaching position to serve FOR SERVICE in the armed UNIFORMED      1,746        

services or the auxiliaries thereof organized to prosecute World   1,747        

War II, upon returning honorably discharged AND WHO RETURNS from   1,748        

such service IN THE UNIFORMED SERVICES THAT IS TERMINATED IN A     1,749        

MANNER OTHER THAN AS DESCRIBED IN SECTION 4304 OF TITLE 38 OF THE  1,750        

UNITED STATES CODE, "UNIFORMED SERVICES EMPLOYMENT AND             1,752        

REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 38 U.S.C.A.      1,753        

4304, shall resume the contract status held prior to entering      1,754        

military service THE UNIFORMED SERVICES, subject to passing a      1,756        

physical examination.  Such contract status shall be resumed at    1,757        

the first of the school semester or the beginning of the school    1,758        

year following return from the armed UNIFORMED services.  FOR      1,760        

PURPOSES OF THIS SECTION AND SECTION 3319.14 OF THE REVISED CODE,  1,761        

"Armed UNIFORMED services" has AND "SERVICE IN THE UNIFORMED       1,762        

SERVICES" HAVE the same meaning MEANINGS as defined in section     1,765        

124.29 5903.01 of the Revised Code.                                             

      Upon the return of a nonteaching school employee from a      1,767        

leave of absence, the board may terminate the employment of a      1,768        

person hired exclusively for the purpose of replacing the          1,769        

returning employee while he THE RETURNING EMPLOYEE was on leave.   1,770        

                                                          42     

                                                                 
If, after the return of a nonteaching employee from leave, the     1,772        

person employed exclusively for the purpose of replacing an        1,773        

employee while he THE EMPLOYEE was on leave is continued in        1,775        

employment as a regular nonteaching school employee or if he THE   1,776        

PERSON is hired by the board as a regular nonteaching school       1,778        

employee within a year after his employment as a replacement is    1,779        

terminated, he THE PERSON shall, for purposes of section 3319.081  1,781        

of the Revised Code, receive credit for his THE PERSON'S length    1,782        

of service with the school district during such replacement        1,783        

period in the following manner:                                    1,784        

      (A)  If employed as a replacement for less than twelve       1,786        

months, he THE PERSON shall be employed under a contract valid     1,787        

for a period equal to twelve months less the number of months      1,789        

employed as a replacement.  At the end of such contract period,    1,790        

if the person is reemployed it shall be under a two-year           1,791        

contract.  Subsequent reemployment shall be pursuant to division   1,792        

(B) of section 3319.081 of the Revised Code.                       1,793        

      (B)  If employed as a replacement for twelve months or more  1,795        

but less than twenty-four months, he THE PERSON shall be employed  1,797        

under a contract valid for a period equal to twenty-four months    1,798        

less the number of months employed as a replacement.  Subsequent   1,799        

reemployment shall be pursuant to division (B) of section          1,800        

3319.081 of the Revised Code.                                      1,801        

      (C)  If employed as a replacement for more than twenty-four  1,803        

months, he THE PERSON shall be employed pursuant to division (B)   1,804        

of section 3319.081 of the Revised Code.                           1,805        

      For purposes of this section, employment during any part of  1,807        

a month shall count as employment during the entire month.         1,808        

      Sec. 3319.14.  Any teacher who has left, or leaves, a        1,817        

teaching position, by resignation or otherwise, and within forty   1,818        

school days thereafter entered, or enters, the armed UNIFORMED     1,819        

services of the United States or the auxiliaries thereof, or such  1,821        

other services as are specified in section 124.29 of the Revised   1,823        

Code, and who has returned, or returns, from such WHOSE service    1,824        

                                                          43     

                                                                 
with a discharge IS TERMINATED IN A MANNER other than              1,826        

dishonorable AS DESCRIBED IN SECTION 4304 OF TITLE 38 OF THE       1,828        

UNITED STATES CODE, "UNIFORMED SERVICES EMPLOYMENT AND             1,831        

REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 38 U.S.C.A.      1,832        

4304, shall be reemployed by the board of education of the         1,833        

district in which he THE TEACHER held such teaching position,      1,835        

under the same type of contract as that which he THE TEACHER last  1,836        

held in such district, if the teacher, within ninety days after    1,837        

such discharge, applies to the board of education for              1,838        

reemployment IN ACCORDANCE WITH THE "UNIFORMED SERVICES            1,840        

EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149,   1,841        

38 U.S.C.A. 4312.  Upon such application, the teacher shall be     1,842        

re-employed REEMPLOYED at the first of the next school semester,   1,843        

if the application is made not less than thirty days prior to the  1,845        

first of the next school semester, in which case the teacher       1,846        

shall be re-employed REEMPLOYED the first of the following school  1,847        

semester, unless the board of education waives the requirement     1,849        

for the thirty-day period.                                         1,850        

      For the purposes of seniority and placement on the salary    1,852        

schedule, years of absence in the PERFORMING service of IN the     1,854        

armed UNIFORMED services of the United States or the auxiliaries   1,855        

thereof, shall be counted as though teaching service had been      1,856        

performed during such time.                                                     

      The board of education of the district in which such         1,858        

teacher was employed and is re-employed REEMPLOYED under this      1,859        

section may suspend the contract of the teacher whose services     1,861        

become unnecessary by reason of the return of a teacher from       1,862        

service in the armed UNIFORMED services or auxiliaries thereof,    1,863        

in accordance with section 3319.17 of the Revised Code.            1,865        

      Sec. 3923.381.  (A)  As used in this section:                1,874        

      (1)  "Eligible person" means any person who, at the time a   1,876        

reservist is called or ordered to active duty, is covered under a  1,877        

group policy and is either of the following:                       1,878        

      (a)  An employee who is a reservist called or ordered to     1,880        

                                                          44     

                                                                 
active duty;                                                       1,881        

      (b)  The spouse or a dependent child of an employee          1,883        

described in division (A)(1)(a) of this section.                   1,884        

      (2)  "Group policy" includes any group sickness and          1,886        

accident insurance policy that satisfies all of the following:     1,887        

      (a)  The policy is delivered, issued for delivery, or        1,889        

renewed in this state on or after the effective date of this       1,890        

section APRIL 17, 1991.                                            1,891        

      (b)  The policy covers employees for hospital, surgical, or  1,893        

major medical insurance on an expense incurred or service basis,   1,894        

other than for specified diseases or accidental injuries only.     1,895        

      (c)  The policy is in effect and covers an eligible person   1,897        

at the time a reservist is called or ordered to active duty.       1,898        

      (3)  "Reservist" means a member of a reserve component of    1,900        

the armed forces of the United States.  "Reservist" includes a     1,901        

member of the Ohio national guard and the Ohio air national        1,903        

guard.                                                                          

      (B)  Every group policy shall provide that any eligible      1,905        

person may continue the coverage under the policy for a period of  1,906        

eighteen months after the date on which the coverage would         1,907        

otherwise terminate because the reservist is called or ordered to  1,908        

active duty.                                                       1,909        

      (C)(1)  An eligible person may extend the eighteen-month     1,911        

period of continuation of coverage to a thirty-six-month period    1,912        

of continuation of coverage, if any of the following occurs        1,913        

during the eighteen-month period:                                  1,914        

      (a)  The death of the reservist;                             1,916        

      (b)  The divorce or separation of a reservist from the       1,918        

reservist's spouse;                                                1,919        

      (c)  The cessation of dependency of a child pursuant to the  1,921        

terms of the policy.                                               1,922        

      (2)  The thirty-six-month period of continuation of          1,924        

coverage is deemed to begin on the date on which the coverage      1,925        

would otherwise terminate because the reservist is called or       1,926        

                                                          45     

                                                                 
ordered to active duty.                                            1,927        

      (3)  The employer may begin the thirty-six-month period on   1,929        

the date of any occurrence described in division (C)(1) of this    1,930        

section.                                                           1,931        

      (D)  All of the following apply to any continuation of       1,933        

coverage, or the extension of any continuation of coverage,        1,934        

provided under division (B) or (C) of this section:                1,935        

      (1)  The continuation of coverage shall provide the same     1,937        

benefits as those provided to any similarly situated eligible      1,938        

person who is covered under the same group policy and an employee  1,939        

who has not been called or ordered to active duty.                 1,940        

      (2)  An employer shall notify each employee of the right of  1,942        

continuation of coverage at the time of employment.  At the time   1,943        

the reservist is called or ordered to active duty, the employer    1,944        

shall notify each eligible person of the requirements for the      1,945        

continuation of coverage.                                          1,946        

      (3)  Each certificate of coverage issued by an insurer to    1,948        

an employee under the group policy shall include a notice of the   1,949        

eligible person's right of continuation of coverage.               1,950        

      (4)  An eligible person shall file a written election of     1,952        

continuation of coverage with the employer and pay the employer    1,953        

the first contribution required under division (D)(5) of this      1,954        

section.  The written election and payment must be received by     1,955        

the employer no later than thirty-one days after the date on       1,956        

which the eligible person's coverage would otherwise terminate.    1,957        

If the employer notifies the eligible person of the right of       1,958        

continuation of coverage after the date on which the eligible      1,959        

person's coverage would otherwise terminate, the written election  1,960        

and payment must be received by the employer no later than         1,961        

thirty-one days after the date of the notification.                1,962        

      (5)(a)  Except as provided in division (D)(5)(b) OR (c) of   1,964        

this section, the eligible person shall pay to the employer, on a  1,966        

monthly basis and in advance, the amount of contribution required  1,967        

by the employer.  The amount shall not exceed one hundred two per  1,968        

                                                          46     

                                                                 
cent of the group rate for the coverage being continued under the  1,969        

group policy on the due date of each payment.                      1,970        

      (b)  The employer may pay a portion or all of the eligible   1,972        

person's contribution.                                             1,973        

      (c)  A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY FOR LESS   1,976        

THAN THIRTY-ONE DAYS SHALL NOT BE REQUIRED TO PAY MORE THAN THE    1,977        

ELIGIBLE PERSON'S CONTRIBUTION, IF ANY, FOR THE COVERAGE.          1,978        

      (E)  The eligible person's right to any continuation of      1,980        

coverage, or the extension of any continuation of coverage,        1,981        

provided under division (B) or (C) of this section ceases on the   1,982        

date on which any of the following occurs:                         1,983        

      (1)  The eligible person, whether as an employee or          1,985        

otherwise, enrolls in another group policy or other group health   1,986        

plan or arrangement that does not contain any exclusion or         1,987        

limitation with respect to any preexisting condition of that       1,988        

eligible person.  For purposes of division (E)(1) of this          1,989        

section, a group policy or other group health plan or arrangement  1,990        

does not include the civilian health and medical program of the    1,991        

uniformed services as defined in Public Law 99-661, 100 Stat.      1,992        

3898 (1986), 10 U.S.C.A. 1072.                                     1,993        

      (2)  The period of either eighteen months provided under     1,995        

division (B) of this section or thirty-six months provided under   1,996        

division (C) of this section expires.                              1,997        

      (3)  The eligible person fails to make a timely payment of   1,999        

a required contribution, in which case the coverage ceases at the  2,000        

end of the period of coverage for which contributions were made.   2,001        

      (4)  The group policy, or participation under the group      2,003        

policy, is terminated, unless the employer, in accordance with     2,004        

division (F) of this section, replaces the coverage with similar   2,005        

coverage under another group policy or other group health plan or  2,006        

arrangement.                                                       2,007        

      (F)  If the employer replaces the group policy with similar  2,009        

coverage as described in division (E)(4) of this section, both of  2,010        

the following apply:                                               2,011        

                                                          47     

                                                                 
      (1)  The eligible person is covered under the replacement    2,013        

coverage for the balance of the period that he THE ELIGIBLE        2,014        

PERSON would have remained covered under the terminated coverage   2,016        

if it had not been terminated.                                     2,017        

      (2)  The level of benefits under the replacement coverage    2,019        

is the same as the level of benefits provided to any similarly     2,020        

situated eligible person who is covered under the group policy     2,021        

and an employee who has not been called or ordered to active       2,022        

duty.                                                              2,023        

      (G)  Upon the reservist's release from active duty and his   2,025        

return to employment for the employer by whom he THE RESERVIST     2,026        

was employed at the time he was OF BEING called or ordered to      2,028        

active duty, both of the following apply:                          2,030        

      (1)  Every eligible person is entitled, without any waiting  2,032        

period, to coverage under the employer's group policy that is in   2,033        

effect at the time of the reservist's return to employment.        2,034        

      (2)  Every eligible person is entitled to all benefits       2,036        

under the group policy described in division (G)(1) of this        2,037        

section from the date of the original coverage under the policy.   2,038        

      (H)(1)  No insurer shall fail to provide for a continuation  2,040        

of coverage, or an extension of a continuation of coverage, in a   2,041        

group policy as required by and in accordance with the terms and   2,042        

conditions set forth under this section.                           2,043        

      (2)  No insurer shall fail to issue a certificate of         2,045        

coverage in compliance with division (D)(3) of this section.       2,046        

      (3)  No employer shall fail to provide an employee or        2,048        

eligible person with notice of the right to a continuation of      2,049        

coverage under a group policy in accordance with division (D)(2)   2,050        

of this section.                                                   2,051        

      (I)  Whoever violates division (H)(1), (2), or (3) of this   2,053        

section is deemed to have engaged in an unfair and deceptive act   2,054        

or practice in the business of insurance under sections 3901.19    2,055        

to 3901.26 of the Revised Code.                                    2,056        

      (J)  This section does not apply to any group policy that    2,058        

                                                          48     

                                                                 
is subject to section 5923.051 of the Revised Code.                2,059        

      Sec. 3923.382.  (A)  As used in this section:                2,068        

      (1)  "Eligible person" means any person who, at the time a   2,070        

reservist is called or ordered to active duty, is covered under a  2,071        

group plan and is either of the following:                         2,072        

      (a)  An employee who is a reservist called or ordered to     2,074        

active duty;                                                       2,075        

      (b)  The spouse or a dependent child of an employee          2,077        

described in division (A)(1)(a) of this section.                   2,078        

      (2)  "Group plan" includes any private or public employer    2,080        

self-insurance plan that satisfies all of the following:           2,081        

      (a)  The plan is established or modified in this state on    2,083        

or after April 17, 1991.                                           2,085        

      (b)  The plan provides, or provides payment for, health      2,087        

benefits for employees resident in this state other than through   2,088        

an insurer or health insuring corporation.                         2,090        

      (c)  The plan is in effect and covers an eligible person at  2,092        

the time a reservist is called or ordered to active duty.          2,093        

      (3)  "Group rate" means the average monthly cost per         2,095        

employee, over a period of at least twelve months of the           2,096        

operation of a group plan, that would represent a group insurance  2,097        

rate if the same coverage had been provided under a group          2,098        

sickness and accident insurance policy.                            2,099        

      (4)  "Reservist" means a member of a reserve component of    2,101        

the armed forces of the United States.  "Reservist" includes a     2,102        

member of the Ohio national guard and the Ohio air national        2,104        

guard.                                                                          

      (B)  Every group plan shall provide that any eligible        2,106        

person may continue the coverage under the plan for a period of    2,107        

eighteen months after the date on which the coverage would         2,108        

otherwise terminate because the reservist is called or ordered to  2,109        

active duty.                                                       2,110        

      (C)(1)  An eligible person may extend the eighteen-month     2,112        

period of continuation of coverage to a thirty-six-month period    2,113        

                                                          49     

                                                                 
of continuation of coverage, if any of the following occurs        2,114        

during the eighteen-month period:                                  2,115        

      (a)  The death of the reservist;                             2,117        

      (b)  The divorce or separation of a reservist from the       2,119        

reservist's spouse;                                                2,120        

      (c)  The cessation of dependency of a child pursuant to the  2,122        

terms of the plan.                                                 2,123        

      (2)  The thirty-six-month period of continuation of          2,125        

coverage is deemed to begin on the date on which the coverage      2,126        

would otherwise terminate because the reservist is called or       2,127        

ordered to active duty.                                            2,128        

      (3)  The employer may begin the thirty-six-month period on   2,130        

the date of any occurrence described in division (C)(1) of this    2,131        

section.                                                           2,132        

      (D)  All of the following apply to any continuation of       2,134        

coverage, or the extension of any continuation of coverage,        2,135        

provided under division (B) or (C) of this section:                2,136        

      (1)  The continuation of coverage shall provide the same     2,138        

benefits as those provided to any similarly situated eligible      2,139        

person who is covered under the same group plan and an employee    2,140        

who has not been called or ordered to active duty.                 2,141        

      (2)  An employer shall notify each employee of the right of  2,143        

continuation of coverage at the time of employment.  At the time   2,144        

the reservist is called or ordered to active duty, the employer    2,145        

shall notify each eligible person of the requirements for the      2,146        

continuation of coverage.                                          2,147        

      (3)  Each certificate or other evidence of coverage issued   2,149        

by an employer to an employee under the group plan shall include   2,150        

a notice of the eligible person's right of continuation of         2,151        

coverage.                                                          2,152        

      (4)  An eligible person shall file a written election of     2,154        

continuation of coverage with the employer and pay the employer    2,155        

the first contribution required under division (D)(5) of this      2,156        

section.  The written election and payment must be received by     2,157        

                                                          50     

                                                                 
the employer no later than thirty-one days after the date on       2,158        

which the eligible person's coverage would otherwise terminate.    2,159        

If the employer notifies the eligible person of the right of       2,160        

continuation of coverage after the date on which the eligible      2,161        

person's coverage would otherwise terminate, the written election  2,162        

and payment must be received by the employer no later than         2,163        

thirty-one days after the date of the notification.                2,164        

      (5)(a)  Except as provided in division (D)(5)(b) OR (c) of   2,166        

this section, the eligible person shall pay to the employer, on a  2,168        

monthly basis and in advance, the amount of contribution required  2,169        

by the employer.  The amount shall not exceed one hundred two per  2,170        

cent of the group rate for the coverage being continued under the  2,171        

group plan on the due date of each payment.                        2,172        

      (b)  The employer may pay a portion or all of the eligible   2,174        

person's contribution.                                             2,175        

      (c)  A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY FOR LESS   2,178        

THAN THIRTY-ONE DAYS SHALL NOT BE REQUIRED TO PAY MORE THAN THE    2,179        

ELIGIBLE PERSON'S CONTRIBUTION IF ANY, FOR THE COVERAGE.           2,181        

      (E)  The eligible person's right to any continuation of      2,183        

coverage, or the extension of any continuation of coverage,        2,184        

provided under division (B) or (C) of this section ceases on the   2,185        

date on which any of the following occurs:                         2,186        

      (1)  The eligible person, whether as an employee or          2,188        

otherwise, enrolls in another group plan or other group health     2,189        

plan or arrangement that does not contain any exclusion or         2,190        

limitation with respect to any preexisting condition of that       2,191        

eligible person.  For purposes of division (E)(1) of this          2,192        

section, a group plan or other group health plan or arrangement    2,193        

does not include the civilian health and medical program of the    2,194        

uniformed services as defined in Public Law 99-661, 100 Stat.      2,195        

3898 (1986), 10 U.S.C.A. 1072.                                     2,196        

      (2)  The period of either eighteen months provided under     2,198        

division (B) of this section or thirty-six months provided under   2,199        

division (C) of this section expires.                              2,200        

                                                          51     

                                                                 
      (3)  The eligible person fails to make a timely payment of   2,202        

a required contribution, in which case the coverage ceases at the  2,203        

end of the period of coverage for which contributions were made.   2,204        

      (4)  The group plan, or participation under the group plan,  2,206        

is terminated, unless the employer, in accordance with division    2,207        

(F) of this section, replaces the coverage with similar coverage   2,208        

under another group plan or other group health plan or             2,209        

arrangement.                                                       2,210        

      (F)  If the employer replaces the group plan with similar    2,212        

coverage as described in division (E)(4) of this section, both of  2,213        

the following apply:                                               2,214        

      (1)  The eligible person is covered under the replacement    2,216        

coverage for the balance of the period that the person would have  2,218        

remained covered under the terminated coverage if it had not been  2,219        

terminated.                                                        2,220        

      (2)  The level of benefits under the replacement coverage    2,222        

is the same as the level of benefits provided to any similarly     2,223        

situated eligible person who is covered under the group plan and   2,224        

an employee who has not been called or ordered to active duty.     2,225        

      (G)  Upon the reservist's release from active duty and the   2,227        

reservist's return to employment for the employer by whom the      2,229        

reservist was employed at the time the reservist was called or     2,231        

ordered to active duty, both of the following apply:               2,233        

      (1)  Every eligible person is entitled, without any waiting  2,235        

period, to coverage under the employer's group plan that is in     2,236        

effect at the time of the reservist's return to employment.        2,237        

      (2)  Every eligible person is entitled to all benefits       2,239        

under the group plan described in division (G)(1) of this section  2,240        

from the date of the original coverage under the plan.             2,241        

      (H)(1)  No employer shall fail to provide for a              2,243        

continuation of coverage, or an extension of a continuation of     2,244        

coverage, in a group plan as required by and in accordance with    2,245        

the terms and conditions set forth under this section.             2,246        

      (2)  No employer shall fail to issue a certificate or other  2,248        

                                                          52     

                                                                 
evidence of coverage in compliance with division (D)(3) of this    2,249        

section.                                                           2,250        

      (3)  No employer shall fail to provide an employee or        2,252        

eligible person with notice of the right to a continuation of      2,253        

coverage under a group plan in accordance with division (D)(2) of  2,254        

this section.                                                      2,255        

      (I)  Whoever violates division (H)(1), (2), or (3) of this   2,257        

section is deemed to have engaged in an unfair and deceptive act   2,258        

or practice in the business of insurance under sections 3901.19    2,259        

to 3901.26 of the Revised Code.                                    2,260        

      (J)  This section does not apply to a group plan under       2,262        

either of the following circumstances:                             2,263        

      (1)  The group plan is subject to section 5923.051 of the    2,265        

Revised Code.                                                      2,266        

      (2)  The application of this section THAT is superseded,     2,268        

preempted, prohibited, or otherwise precluded by federal law.      2,269        

      Sec. 4117.01.  As used in this chapter:                      2,279        

      (A)  "Person," in addition to those included in division     2,281        

(C) of section 1.59 of the Revised Code, includes employee         2,282        

organizations, public employees, and public employers.             2,283        

      (B)  "Public employer" means the state or any political      2,285        

subdivision of the state located entirely within the state,        2,286        

including, without limitation, any municipal corporation with a    2,287        

population of at least five thousand according to the most recent  2,288        

federal decennial census; county; township with a population of    2,289        

at least five thousand in the unincorporated area of the township  2,290        

according to the most recent federal decennial census; school      2,291        

district; governing authority of a community school established    2,292        

under Chapter 3314. of the Revised Code; state institution of      2,293        

higher learning; public or special district; state agency,         2,294        

authority, commission, or board; or other branch of public         2,295        

employment.                                                                     

      (C)  "Public employee" means any person holding a position   2,297        

by appointment or employment in the service of a public employer,  2,298        

                                                          53     

                                                                 
including any person working pursuant to a contract between a      2,299        

public employer and a private employer and over whom the national  2,300        

labor relations board has declined jurisdiction on the basis that  2,301        

the involved employees are employees of a public employer,         2,302        

except:                                                            2,303        

      (1)  Persons holding elective office;                        2,305        

      (2)  Employees of the general assembly and employees of any  2,307        

other legislative body of the public employer whose principal      2,308        

duties are directly related to the legislative functions of the    2,309        

body;                                                              2,310        

      (3)  Employees on the staff of the governor or the chief     2,312        

executive of the public employer whose principal duties are        2,313        

directly related to the performance of the executive functions of  2,314        

the governor or the chief executive;                               2,315        

      (4)  Persons who are members of the OHIO organized militia,  2,317        

while on active duty TRAINING OR PERFORMING DUTY UNDER SECTION     2,318        

5919.29 OR 5923.12 OF THE REVISED CODE;                            2,319        

      (5)  Employees of the state employment relations board;      2,321        

      (6)  Confidential employees;                                 2,323        

      (7)  Management level employees;                             2,325        

      (8)  Employees and officers of the courts, assistants to     2,327        

the attorney general, assistant prosecuting attorneys, and         2,328        

employees of the clerks of courts who perform a judicial           2,329        

function;                                                          2,330        

      (9)  Employees of a public official who act in a fiduciary   2,332        

capacity, appointed pursuant to section 124.11 of the Revised      2,333        

Code;                                                              2,334        

      (10)  Supervisors;                                           2,336        

      (11)  Students whose primary purpose is educational          2,338        

training, including graduate assistants or associates, residents,  2,339        

interns, or other students working as part-time public employees   2,340        

less than fifty per cent of the normal year in the employee's      2,341        

bargaining unit;                                                   2,342        

      (12)  Employees of county boards of election;                2,344        

                                                          54     

                                                                 
      (13)  Seasonal and casual employees as determined by the     2,346        

state employment relations board;                                  2,347        

      (14)  Part-time faculty members of an institution of higher  2,349        

education;                                                         2,350        

      (15)  Employees of the state personnel board of review;      2,352        

      (16)  Employees of the board of directors of the Ohio        2,354        

low-level radioactive waste facility development authority         2,355        

created in section 3747.05 of the Revised Code;                    2,356        

      (17)  Participants in a work activity, developmental         2,358        

activity, or alternative work activity under sections 5107.40 to   2,359        

5107.69 of the Revised Code who perform a service for a public     2,361        

employer that the public employer needs but is not performed by    2,362        

an employee of the public employer if the participant is not                    

engaged in paid employment or subsidized employment purusant to    2,363        

the activity.                                                                   

      (D)  "Employee organization" means any labor or bona fide    2,365        

organization in which public employees participate and that        2,366        

exists for the purpose, in whole or in part, of dealing with       2,367        

public employers concerning grievances, labor disputes, wages,     2,368        

hours, terms, and other conditions of employment.                  2,369        

      (E)  "Exclusive representative" means the employee           2,371        

organization certified or recognized as an exclusive               2,372        

representative under section 4117.05 of the Revised Code.          2,373        

      (F)  "Supervisor" means any individual who has authority,    2,375        

in the interest of the public employer, to hire, transfer,         2,376        

suspend, lay off, recall, promote, discharge, assign, reward, or   2,377        

discipline other public employees; to responsibly direct them; to  2,378        

adjust their grievances; or to effectively recommend such action,  2,379        

if the exercise of that authority is not of a merely routine or    2,380        

clerical nature, but requires the use of independent judgment,     2,381        

provided that:                                                     2,382        

      (1)  Employees of school districts who are department        2,384        

chairpersons or consulting teachers shall not be deemed            2,385        

supervisors;                                                       2,386        

                                                          55     

                                                                 
      (2)  With respect to members of a police or fire             2,388        

department, no person shall be deemed a supervisor except the      2,389        

chief of the department or those individuals who, in the absence   2,390        

of the chief, are authorized to exercise the authority and         2,391        

perform the duties of the chief of the department.  Where prior    2,392        

to June 1, 1982, a public employer pursuant to a judicial          2,393        

decision, rendered in litigation to which the public employer was  2,394        

a party, has declined to engage in collective bargaining with      2,395        

members of a police or fire department on the basis that those     2,396        

members are supervisors, those members of a police or fire         2,397        

department do not have the rights specified in this chapter for    2,398        

the purposes of future collective bargaining.  The state           2,399        

employment relations board shall decide all disputes concerning    2,400        

the application of division (F)(2) of this section.                2,401        

      (3)  With respect to faculty members of a state institution  2,403        

of higher education, heads of departments or divisions are         2,404        

supervisors; however, no other faculty member or group of faculty  2,405        

members is a supervisor solely because the faculty member or       2,406        

group of faculty members participate in decisions with respect to  2,407        

courses, curriculum, personnel, or other matters of academic       2,408        

policy;                                                            2,409        

      (4)  No teacher as defined in section 3319.09 of the         2,411        

Revised Code shall be designated as a supervisor or a management   2,412        

level employee unless the teacher is employed under a contract     2,413        

governed by section 3319.01, 3319.011, or 3319.02 of the Revised   2,414        

Code and is assigned to a position for which a license deemed to   2,416        

be for administrators under state board rules is required          2,417        

pursuant to section 3319.22 of the Revised Code.                                

      (G)  "To bargain collectively" means to perform the mutual   2,419        

obligation of the public employer, by its representatives, and     2,420        

the representatives of its employees to negotiate in good faith    2,421        

at reasonable times and places with respect to wages, hours,       2,422        

terms, and other conditions of employment and the continuation,    2,423        

modification, or deletion of an existing provision of a            2,424        

                                                          56     

                                                                 
collective bargaining agreement, with the intention of reaching    2,425        

an agreement, or to resolve questions arising under the            2,426        

agreement.  "To bargain collectively" includes executing a         2,427        

written contract incorporating the terms of any agreement          2,428        

reached.  The obligation to bargain collectively does not mean     2,429        

that either party is compelled to agree to a proposal nor does it  2,430        

require the making of a concession.                                2,431        

      (H)  "Strike" means continuous concerted action in failing   2,433        

to report to duty; willful absence from one's position; or         2,434        

stoppage of work in whole from the full, faithful, and proper      2,435        

performance of the duties of employment, for the purpose of        2,436        

inducing, influencing, or coercing a change in wages, hours,       2,437        

terms, and other conditions of employment.  "Strike" does not                   

include a stoppage of work by employees in good faith because of   2,438        

dangerous or unhealthful working conditions at the place of        2,439        

employment that are abnormal to the place of employment.           2,440        

      (I)  "Unauthorized strike" includes, but is not limited to,  2,442        

concerted action during the term or extended term of a collective  2,443        

bargaining agreement or during the pendency of the settlement      2,444        

procedures set forth in section 4117.14 of the Revised Code in     2,445        

failing to report to duty; willful absence from one's position;    2,446        

stoppage of work; slowdown, or abstinence in whole or in part                   

from the full, faithful, and proper performance of the duties of   2,447        

employment for the purpose of inducing, influencing, or coercing   2,448        

a change in wages, hours, terms, and other conditions of           2,449        

employment.  "Unauthorized strike" includes any such action,       2,450        

absence, stoppage, slowdown, or abstinence when done partially or  2,451        

intermittently, whether during or after the expiration of the                   

term or extended term of a collective bargaining agreement or      2,452        

during or after the pendency of the settlement procedures set      2,453        

forth in section 4117.14 of the Revised Code.                      2,454        

      (J)  "Professional employee" means any employee engaged in   2,456        

work that is predominantly intellectual, involving the consistent  2,458        

exercise of discretion and judgment in its performance and         2,459        

                                                          57     

                                                                 
requiring knowledge of an advanced type in a field of science or   2,460        

learning customarily acquired by a prolonged course in an                       

institution of higher learning or a hospital, as distinguished     2,461        

from a general academic education or from an apprenticeship; or    2,462        

an employee who has completed the courses of specialized           2,463        

intellectual instruction and is performing related work under the  2,464        

supervision of a professional person to become qualified as a      2,466        

professional employee.                                                          

      (K)  "Confidential employee" means any employee who works    2,468        

in the personnel offices of a public employer and deals with       2,469        

information to be used by the public employer in collective        2,470        

bargaining; or any employee who works in a close continuing        2,471        

relationship with public officers or representatives directly      2,472        

participating in collective bargaining on behalf of the employer.  2,473        

      (L)  "Management level employee" means an individual who     2,475        

formulates policy on behalf of the public employer, who            2,476        

responsibly directs the implementation of policy, or who may       2,477        

reasonably be required on behalf of the public employer to assist  2,478        

in the preparation for the conduct of collective negotiations,     2,479        

administer collectively negotiated agreements, or have a major     2,480        

role in personnel administration.  Assistant superintendents,      2,481        

principals, and assistant principals whose employment is governed  2,482        

by section 3319.02 of the Revised Code are management level        2,483        

employees.  With respect to members of a faculty of a state        2,484        

institution of higher education, no person is a management level   2,485        

employee because of the person's involvement in the formulation    2,486        

or implementation of academic or institution policy.               2,487        

      (M)  "Wages" means hourly rates of pay, salaries, or other   2,489        

forms of compensation for services rendered.                       2,490        

      (N)  "Member of a police department" means a person who is   2,492        

in the employ of a police department of a municipal corporation    2,493        

as a full-time regular police officer as the result of an          2,495        

appointment from a duly established civil service eligibility                   

list or under section 737.15 or 737.16 of the Revised Code, a      2,496        

                                                          58     

                                                                 
full-time deputy sheriff appointed under section 311.04 of the     2,497        

Revised Code, a township constable appointed under section 509.01  2,499        

of the Revised Code, or a member of a township police district     2,500        

police department appointed under section 505.49 of the Revised    2,501        

Code.                                                                           

      (O)  "Members of the state highway patrol" means highway     2,503        

patrol troopers and radio operators appointed under section        2,504        

5503.01 of the Revised Code.                                       2,505        

      (P)  "Member of a fire department" means a person who is in  2,507        

the employ of a fire department of a municipal corporation or a    2,508        

township as a fire cadet, full-time regular fire fighter           2,509        

FIREFIGHTER, or promoted rank as the result of an appointment      2,511        

from a duly established civil service eligibility list or under    2,512        

section 505.38, 709.012, or 737.22 of the Revised Code.            2,513        

      (Q)  "Day" means calendar day.                               2,515        

      Sec. 4141.01.  As used in this chapter, unless the context   2,524        

otherwise requires:                                                2,525        

      (A)(1)  "Employer" means the state, its instrumentalities,   2,527        

its political subdivisions and their instrumentalities, and any    2,528        

individual or type of organization including any partnership,      2,529        

association, trust, estate, joint-stock company, insurance         2,530        

company, or corporation, whether domestic or foreign, or the       2,531        

receiver, trustee in bankruptcy, trustee, or the successor         2,532        

thereof, or the legal representative of a deceased person who      2,533        

subsequent to December 31, 1971, or in the case of political       2,534        

subdivisions or their instrumentalities, subsequent to December    2,535        

31, 1973:                                                          2,536        

      (a)  Had in employment at least one individual, or in the    2,538        

case of a nonprofit organization, subsequent to December 31,       2,539        

1973, had not less than four individuals in employment for some    2,540        

portion of a day in each of twenty different calendar weeks, in    2,541        

either the current or the preceding calendar year whether or not   2,542        

the same individual was in employment in each such day; or         2,543        

      (b)  Except for a nonprofit organization, had paid for       2,545        

                                                          59     

                                                                 
service in employment wages of fifteen hundred dollars or more in  2,546        

any calendar quarter in either the current or preceding calendar   2,547        

year; or                                                           2,548        

      (c)  Had paid, subsequent to December 31, 1977, for          2,550        

employment in domestic service in a local college club, or local   2,551        

chapter of a college fraternity or sorority, cash remuneration of  2,552        

one thousand dollars or more in any calendar quarter in the        2,553        

current calendar year or the preceding calendar year, or had paid  2,554        

subsequent to December 31, 1977, for employment in domestic        2,555        

service in a private home cash remuneration of one thousand        2,556        

dollars in any calendar quarter in the current calendar year or    2,558        

the preceding calendar year:                                                    

      (i)  For the purposes of divisions (A)(1)(a) and (b) of      2,560        

this section, there shall not be taken into account any wages      2,561        

paid to, or employment of, an individual performing domestic       2,562        

service as described in this division.                             2,563        

      (ii)  An employer under this division shall not be an        2,565        

employer with respect to wages paid for any services other than    2,566        

domestic service unless the employer is also found to be an        2,567        

employer under division (A)(1)(a), (b), or (d) of this section.    2,568        

      (d)  As a farm operator or a crew leader subsequent to       2,570        

December 31, 1977, had in employment individuals in agricultural   2,571        

labor; and                                                         2,572        

      (i)  During any calendar quarter in the current calendar     2,574        

year or the preceding calendar year, paid cash remuneration of     2,575        

twenty thousand dollars or more for the agricultural labor; or     2,576        

      (ii)  Had at least ten individuals in employment in          2,578        

agricultural labor, not including such labor when performed        2,579        

before January 1, 1980, by an alien, for some portion of a day in  2,580        

each of the twenty different calendar weeks, in either the         2,581        

current or preceding calendar year whether or not the same         2,582        

individual was in employment in each day; or                       2,583        

      (e)  Is not otherwise an employer as defined under division  2,585        

(A)(1)(a) or (b) of this section; and                              2,586        

                                                          60     

                                                                 
      (i)  For which, within either the current or preceding       2,588        

calendar year, service, except for domestic service in a private   2,589        

home not covered under division (A)(1)(c) of this section, is or   2,590        

was performed with respect to which such employer is liable for    2,591        

any federal tax against which credit may be taken for              2,592        

contributions required to be paid into a state unemployment fund;  2,593        

      (ii)  Which, as a condition for approval of this chapter     2,595        

for full tax credit against the tax imposed by the "Federal        2,596        

Unemployment Tax Act," 84 Stat. 713, 26 U.S.C.A. 3301, is          2,597        

required, pursuant to such act to be an employer under this        2,598        

chapter; or                                                        2,599        

      (iii)  Who became an employer by election under division     2,601        

(A)(4) or (5) of this section and for the duration of such         2,602        

election; or                                                       2,603        

      (f)  In the case of the state, its instrumentalities, its    2,605        

political subdivisions, and their instrumentalities, had in        2,606        

employment, as defined in division (B)(2)(a) of this section, at   2,607        

least one individual;                                              2,608        

      (g)  For the purposes of division (A)(1)(a) of this          2,610        

section, if any week includes both the thirty-first day of         2,611        

December and the first day of January, the days of that week       2,612        

before the first day of January shall be considered one calendar   2,613        

week and the days beginning the first day of January another       2,614        

week.                                                              2,615        

      (2)  Each individual employed to perform or to assist in     2,617        

performing the work of any agent or employee of an employer is     2,618        

employed by such employer for all the purposes of this chapter,    2,619        

whether such individual was hired or paid directly by such         2,620        

employer or by such agent or employee, provided the employer had   2,621        

actual or constructive knowledge of the work.  All individuals     2,622        

performing services for an employer of any person in this state    2,623        

who maintains two or more establishments within this state are     2,624        

employed by a single employer for the purposes of this chapter.    2,625        

      (3)  An employer subject to this chapter within any          2,627        

                                                          61     

                                                                 
calendar year is subject to this chapter during the whole of such  2,628        

year and during the next succeeding calendar year.                 2,629        

      (4)  An employer not otherwise subject to this chapter who   2,631        

files with the administrator of the bureau of employment services  2,632        

a written election to become an employer subject to this chapter   2,634        

for not less than two calendar years shall, with the written       2,635        

approval of such election by the administrator, become an                       

employer subject to this chapter to the same extent as all other   2,636        

employers as of the date stated in such approval, and shall cease  2,637        

to be subject to this chapter as of the first day of January of    2,638        

any calendar year subsequent to such two calendar years only if    2,639        

at least thirty days prior to such first day of January the        2,640        

employer has filed with the administrator a written notice to      2,641        

that effect.                                                                    

      (5)  Any employer for whom services that do not constitute   2,643        

employment are performed may file with the administrator a         2,644        

written election that all such services performed by individuals   2,645        

in the employer's employ in one or more distinct establishments    2,646        

or places of business shall be deemed to constitute employment     2,647        

for all the purposes of this chapter, for not less than two        2,648        

calendar years.  Upon written approval of the election by the      2,649        

administrator, such services shall be deemed to constitute         2,650        

employment subject to this chapter from and after the date stated  2,651        

in such approval.  Such services shall cease to be employment      2,652        

subject to this chapter as of the first day of January of any      2,653        

calendar year subsequent to such two calendar years only if at     2,654        

least thirty days prior to such first day of January such          2,655        

employer has filed with the administrator a written notice to      2,656        

that effect.                                                                    

      (B)(1)  "Employment" means:                                  2,658        

      (a)  Service performed for wages under any contract of       2,660        

hire, written or oral, express or implied, including service       2,661        

performed in interstate commerce and service performed by an       2,662        

officer of a corporation, without regard to whether such service   2,663        

                                                          62     

                                                                 
is executive, managerial, or manual in nature, and without regard  2,664        

to whether such officer is a stockholder or a member of the board  2,665        

of directors of the corporation;                                   2,666        

      (b)  Services performed by an individual for remuneration    2,668        

unless it is shown to the satisfaction of the administrator that   2,669        

such individual:                                                   2,670        

      (i)  Has been and will continue to be free from control or   2,672        

direction over the performance of such service, both under a       2,673        

contract of service and in fact;                                   2,674        

      (ii)  That such service is outside the usual course of the   2,676        

business for which service is performed; and                       2,677        

      (iii)  That such individual is customarily engaged in an     2,679        

independently established trade, occupation, profession, or        2,680        

business.                                                          2,681        

      (2)  "Employment" includes:                                  2,683        

      (a)  Service performed after December 31, 1977, by an        2,685        

individual in the employ of the state or any of its                2,686        

instrumentalities, or any political subdivision thereof or any of  2,687        

its instrumentalities or any instrumentality of more than one of   2,688        

the foregoing or any instrumentality of any of the foregoing and   2,689        

one or more other states or political subdivisions and without     2,690        

regard to divisions (A)(1)(a) and (b) of this section, provided    2,691        

that such service is excluded from employment as defined in the    2,692        

"Federal Unemployment Tax Act," 53 Stat. 183, 26 U.S.C.A.          2,693        

3306(c)(7) and is not excluded under division (B)(3) of this       2,694        

section; or the services of employees covered by voluntary         2,695        

election, as provided under divisions (A)(4) and (5) of this       2,696        

section;                                                           2,697        

      (b)  Service performed after December 31, 1971, by an        2,699        

individual in the employ of a religious, charitable, educational,  2,700        

or other organization which is excluded from the term              2,701        

"employment" as defined in the "Federal Unemployment Tax Act," 84  2,702        

Stat. 713, 26 U.S.C.A. 3301, solely by reason of section 26        2,703        

U.S.C.A. 3306(c)(8) of that act and is not excluded under          2,704        

                                                          63     

                                                                 
division (B)(3) of this section;                                   2,705        

      (c)  Domestic service performed after December 31, 1977,     2,707        

for an employer, as provided in division (A)(1)(c) of this         2,708        

section;                                                           2,709        

      (d)  Agricultural labor performed after December 31, 1977,   2,711        

for a farm operator or a crew leader, as provided in division      2,712        

(A)(1)(d) of this section;                                         2,713        

      (e)  Service not covered under division (B)(1)(b) of this    2,715        

section which is performed after December 31, 1971:                2,716        

      (i)  As an agent-driver or commission-driver engaged in      2,718        

distributing meat products, vegetable products, fruit products,    2,719        

bakery products, beverages other than milk, laundry, or            2,720        

dry-cleaning services, for the individual's employer or            2,721        

principal;                                                         2,722        

      (ii)  As a traveling or city salesperson, other than as an   2,724        

agent-driver or commission-driver, engaged on a full-time basis    2,725        

in the solicitation on behalf of and in the transmission to the    2,727        

salesperson's employer or principal except for sideline sales      2,728        

activities on behalf of some other person of orders from           2,729        

wholesalers, retailers, contractors, or operators of hotels,       2,730        

restaurants, or other similar establishments for merchandise for   2,731        

resale, or supplies for use in their business operations,          2,732        

provided that for the purposes of this division (B)(2)(e)(ii) of   2,733        

this section, the services shall be deemed employment if the       2,734        

contract of service contemplates that substantially all of the     2,735        

services are to be performed personally by the individual and      2,736        

that the individual does not have a substantial investment in      2,737        

facilities used in connection with the performance of the          2,738        

services other than in facilities for transportation, and the      2,739        

services are not in the nature of a single transaction that is     2,740        

not a part of a continuing relationship with the person for whom   2,741        

the services are performed.                                        2,742        

      (f)  An individual's entire service performed within or      2,744        

both within and without the state if:                              2,745        

                                                          64     

                                                                 
      (i)  The service is localized in this state.                 2,747        

      (ii)  The service is not localized in any state, but some    2,749        

of the service is performed in this state and either the base of   2,750        

operations, or if there is no base of operations then the place    2,751        

from which such service is directed or controlled, is in this      2,752        

state or the base of operations or place from which such service   2,753        

is directed or controlled is not in any state in which some part   2,754        

of the service is performed but the individual's residence is in   2,755        

this state.                                                        2,756        

      (g)  Service not covered under division (B)(2)(f)(ii) of     2,758        

this section and performed entirely without this state, with       2,759        

respect to no part of which contributions are required and paid    2,760        

under an unemployment compensation law of any other state, the     2,761        

Virgin Islands, Canada, or of the United States, if the            2,762        

individual performing such service is a resident of this state     2,763        

and the administrator of the bureau of employment services         2,764        

approves the election of the employer for whom such services are   2,765        

performed; or, if the individual is not a resident of this state   2,767        

but the place from which the service is directed or controlled is  2,768        

in this state, the entire services of such individual shall be     2,769        

deemed to be employment subject to this chapter, provided service  2,770        

is deemed to be localized within this state if the service is      2,771        

performed entirely within this state or if the service is          2,772        

performed both within and without this state but the service       2,773        

performed without this state is incidental to the individual's     2,774        

service within the state, for example, is temporary or transitory  2,775        

in nature or consists of isolated transactions;                    2,776        

      (h)  Service of an individual who is a citizen of the        2,778        

United States, performed outside the United States except in       2,779        

Canada after December 31, 1971, or the Virgin Islands, after       2,780        

December 31, 1971, and before the first day of January of the      2,781        

year following that in which the United States secretary of labor  2,782        

approves the Virgin Islands law for the first time, in the employ  2,783        

of an American employer, other than service which is "employment"  2,784        

                                                          65     

                                                                 
under divisions (B)(2)(f) and (g) of this section or similar       2,785        

provisions of another state's law, if:                             2,786        

      (i)  The employer's principal place of business in the       2,788        

United States is located in this state;                            2,789        

      (ii)  The employer has no place of business in the United    2,791        

States, but the employer is an individual who is a resident of     2,792        

this state; or the employer is a corporation which is organized    2,793        

under the laws of this state, or the employer is a partnership or  2,794        

a trust and the number of partners or trustees who are residents   2,795        

of this state is greater than the number who are residents of any  2,796        

other state; or                                                    2,797        

      (iii)  None of the criteria of divisions (B)(2)(f)(i) and    2,799        

(ii) of this section is met but the employer has elected coverage  2,800        

in this state or the employer having failed to elect coverage in   2,801        

any state, the individual has filed a claim for benefits, based    2,802        

on such service, under this chapter.                               2,803        

      (i)  For the purposes of division (B)(2)(h) of this          2,805        

section, the term "American employer" means an employer who is an  2,806        

individual who is a resident of the United States; or a            2,807        

partnership, if two-thirds or more of the partners are residents   2,808        

of the United States; or a trust, if all of the trustees are       2,809        

residents of the United States; or a corporation organized under   2,810        

the laws of the United States or of any state, provided the term   2,811        

"United States" includes the states, the District of Columbia,     2,812        

the Commonwealth of Puerto Rico, and the Virgin Islands.           2,813        

      (j)  Notwithstanding any other provisions of divisions       2,815        

(B)(1) and (2) of this section, service, except for domestic       2,816        

service in a private home not covered under division (A)(1)(c) of  2,817        

this section, with respect to which a tax is required to be paid   2,818        

under any federal law imposing a tax against which credit may be   2,819        

taken for contributions required to be paid into a state           2,820        

unemployment fund, or service, except for domestic service in a    2,821        

private home not covered under division (A)(1)(c) of this          2,822        

section, which, as a condition for full tax credit against the     2,823        

                                                          66     

                                                                 
tax imposed by the "Federal Unemployment Tax Act," 84 Stat. 713,   2,824        

26 U.S.C.A. 3301, is required to be covered under this chapter.    2,825        

      (k)  Construction services performed by any individual       2,827        

under a construction contract, as defined in section 4141.39 of    2,828        

the Revised Code, if the administrator determines that the         2,829        

employer for whom services are performed has the right to direct   2,831        

or control the performance of the services and that the                         

individuals who perform the services receive remuneration for the  2,832        

services performed.  The administrator shall presume that the      2,833        

employer for whom services are performed has the right to direct   2,834        

or control the performance of the services if ten or more of the   2,835        

following criteria apply:                                                       

      (i)  The employer directs or controls the manner or method   2,838        

by which instructions are given to the individual performing                    

services;                                                          2,839        

      (ii)  The employer requires particular training for the      2,842        

individual performing services;                                                 

      (iii)  Services performed by the individual are integrated   2,845        

into the regular functioning of the employer;                                   

      (iv)  The employer requires that services be provided by a   2,848        

particular individual;                                                          

      (v)  The employer hires, supervises, or pays the wages of    2,851        

the individual performing services;                                             

      (vi)  A continuing relationship between the employer and     2,854        

the individual performing services exists which contemplates                    

continuing or recurring work, even if not full-time work;          2,855        

      (vii)  The employer requires the individual to perform       2,858        

services during established hours;                                              

      (viii)  The employer requires that the individual            2,860        

performing services be devoted on a full-time basis to the         2,861        

business of the employer;                                          2,862        

      (ix)  The employer requires the individual to perform        2,864        

services on the employer's premises;                               2,865        

      (x)  The employer requires the individual performing         2,867        

                                                          67     

                                                                 
services to follow the order of work established by the employer;  2,868        

      (xi)  The employer requires the individual performing        2,870        

services to make oral or written reports of progress;              2,871        

      (xii)  The employer makes payment to the individual for      2,874        

services on a regular basis, such as hourly, weekly, or monthly;                

      (xiii)  The employer pays expenses for the individual        2,876        

performing services;                                               2,877        

      (xiv)  The employer furnishes the tools and materials for    2,880        

use by the individual to perform services;                                      

      (xv)  The individual performing services has not invested    2,883        

in the facilities used to perform services;                                     

      (xvi)  The individual performing services does not realize   2,886        

a profit or suffer a loss as a result of the performance of the                 

services;                                                          2,887        

      (xvii)  The individual performing services is not            2,889        

performing services for more than two employers simultaneously;    2,890        

      (xviii)  The individual performing services does not make    2,893        

the services available to the general public;                                   

      (xix)  The employer has a right to discharge the individual  2,896        

performing services;                                                            

      (xx)  The individual performing services has the right to    2,899        

end the individual's relationship with the employer without                     

incurring liability pursuant to an employment contract or          2,900        

agreement.                                                                      

      (3)  "Employment" does not include the following services    2,902        

if they are found not subject to the "Federal Unemployment Tax     2,903        

Act," 84 Stat. 713 (1970), 26 U.S.C.A. 3301, and if the services   2,904        

are not required to be included under division (B)(2)(j) of this   2,905        

section:                                                           2,906        

      (a)  Service performed after December 31, 1977, in           2,908        

agricultural labor, except as provided in division (A)(1)(d) of    2,909        

this section;                                                      2,910        

      (b)  Domestic service performed after December 31, 1977, in  2,912        

a private home, local college club, or local chapter of a college  2,913        

                                                          68     

                                                                 
fraternity or sorority except as provided in division (A)(1)(c)    2,914        

of this section;                                                   2,915        

      (c)  Service performed after December 31, 1977, for this     2,917        

state or a political subdivision as described in division (B)(2)   2,918        

(a) of this section when performed:                                2,919        

      (i)  As a publicly elected official;                         2,921        

      (ii)  As a member of a legislative body, or a member of the  2,923        

judiciary;                                                         2,924        

      (iii)  As a military member of the state OHIO national       2,926        

guard or air national guard;                                       2,928        

      (iv)  As an employee, not in the classified service as       2,930        

defined in section 124.11 of the Revised Code, serving on a        2,931        

temporary basis in case of fire, storm, snow, earthquake, flood,   2,932        

or similar emergency;                                              2,933        

      (v)  In a position which, under or pursuant to law, is       2,935        

designated as a major nontenured policymaking or advisory          2,936        

position, not in the classified service of the state, or a         2,937        

policymaking or advisory position the performance of the duties    2,938        

of which ordinarily does not require more than eight hours per     2,939        

week.                                                              2,940        

      (d)  In the employ of any governmental unit or               2,942        

instrumentality of the United States;                              2,943        

      (e)  Service performed after December 31, 1971:              2,945        

      (i)  Service in the employ of an educational institution or  2,947        

institution of higher education, including those operated by the   2,948        

state or a political subdivision, if such service is performed by  2,949        

a student who is enrolled and is regularly attending classes at    2,950        

the educational institution or institution of higher education;    2,951        

or                                                                 2,952        

      (ii)  By an individual who is enrolled at a nonprofit or     2,954        

public educational institution which normally maintains a regular  2,955        

faculty and curriculum and normally has a regularly organized      2,956        

body of students in attendance at the place where its educational  2,957        

activities are carried on as a student in a full-time program,     2,958        

                                                          69     

                                                                 
taken for credit at the institution, which combines academic       2,959        

instruction with work experience, if the service is an integral    2,960        

part of the program, and the institution has so certified to the   2,961        

employer, provided that this subdivision shall not apply to        2,962        

service performed in a program established for or on behalf of an  2,963        

employer or group of employers;                                    2,964        

      (f)  Service performed by an individual in the employ of     2,966        

the individual's son, daughter, or spouse and service performed    2,967        

by a child under the age of eighteen in the employ of the child's  2,968        

father or mother;                                                               

      (g)  Service performed for one or more principals by an      2,970        

individual who is compensated on a commission basis, who in the    2,971        

performance of the work is master of the individual's own time     2,973        

and efforts, and whose remuneration is wholly dependent on the     2,974        

amount of effort the individual chooses to expend, and which       2,975        

service is not subject to the "Federal Unemployment Tax Act," 53   2,976        

Stat. 183 (1939), 26 U.S.C.A. 3301.  Service performed after       2,977        

December 31, 1971:                                                              

      (i)  By an individual for an employer as an insurance agent  2,979        

or as an insurance solicitor, if all this service is performed     2,980        

for remuneration solely by way of commission;                      2,981        

      (ii)  As a home worker performing work, according to         2,983        

specifications furnished by the employer for whom the services     2,984        

are performed, on materials or goods furnished by such employer    2,985        

which are required to be returned to the employer or to a person   2,986        

designated for that purpose.                                       2,987        

      (h)  Service performed after December 31, 1971:              2,989        

      (i)  In the employ of a church or convention or association  2,991        

of churches, or in an organization which is operated primarily     2,992        

for religious purposes and which is operated, supervised,          2,993        

controlled, or principally supported by a church or convention or  2,994        

association of churches;                                           2,995        

      (ii)  By a duly ordained, commissioned, or licensed          2,997        

minister of a church in the exercise of the individual's ministry  2,999        

                                                          70     

                                                                 
or by a member of a religious order in the exercise of duties      3,000        

required by such order; or                                         3,001        

      (iii)  In a facility conducted for the purpose of carrying   3,003        

out a program of rehabilitation for individuals whose earning      3,004        

capacity is impaired by age or physical or mental deficiency or    3,005        

injury, or providing remunerative work for individuals who         3,006        

because of their impaired physical or mental capacity cannot be    3,007        

readily absorbed in the competitive labor market, by an            3,008        

individual receiving such rehabilitation or remunerative work;     3,009        

      (i)  Service performed after June 30, 1939, with respect to  3,011        

which unemployment compensation is payable under the "Railroad     3,012        

Unemployment Insurance Act," 52 Stat. 1094 (1938), 45 U.S.C. 351;  3,013        

      (j)  Service performed by an individual in the employ of     3,015        

any organization exempt from income tax under section 501 of the   3,016        

"Internal Revenue Code of 1954," if the remuneration for such      3,017        

service does not exceed fifty dollars in any calendar quarter, or  3,018        

if such service is in connection with the collection of dues or    3,019        

premiums for a fraternal beneficial society, order, or             3,020        

association and is performed away from the home office or is       3,021        

ritualistic service in connection with any such society, order,    3,022        

or association;                                                    3,023        

      (k)  Casual labor not in the course of an employer's trade   3,025        

or business; incidental service performed by an officer,           3,026        

appraiser, or member of a finance committee of a bank, building    3,027        

and loan association, savings and loan association, or savings     3,028        

association when the remuneration for such incidental service      3,029        

exclusive of the amount paid or allotted for directors' fees does  3,030        

not exceed sixty dollars per calendar quarter is casual labor;     3,031        

      (l)  Service performed in the employ of a voluntary          3,033        

employees' beneficial association providing for the payment of     3,034        

life, sickness, accident, or other benefits to the members of      3,035        

such association or their dependents or their designated           3,036        

beneficiaries, if admission to a membership in such association    3,037        

is limited to individuals who are officers or employees of a       3,038        

                                                          71     

                                                                 
municipal or public corporation, of a political subdivision of     3,039        

the state, or of the United States and no part of the net          3,040        

earnings of such association inures, other than through such       3,041        

payments, to the benefit of any private shareholder or             3,042        

individual;                                                        3,043        

      (m)  Service performed by an individual in the employ of a   3,045        

foreign government, including service as a consular or other       3,046        

officer or employee or of a nondiplomatic representative;          3,047        

      (n)  Service performed in the employ of an instrumentality   3,049        

wholly owned by a foreign government if the service is of a        3,050        

character similar to that performed in foreign countries by        3,051        

employees of the United States or of an instrumentality thereof    3,052        

and if the administrator finds that the secretary of state of the  3,053        

United States has certified to the secretary of the treasury of    3,054        

the United States that the foreign government, with respect to     3,055        

whose instrumentality exemption is claimed, grants an equivalent   3,056        

exemption with respect to similar service performed in the         3,057        

foreign country by employees of the United States and of           3,058        

instrumentalities thereof;                                         3,059        

      (o)  Service with respect to which unemployment              3,061        

compensation is payable under an unemployment compensation system  3,062        

established by an act of congress;                                 3,063        

      (p)  Service performed as a student nurse in the employ of   3,065        

a hospital or a nurses' training school by an individual who is    3,066        

enrolled and is regularly attending classes in a nurses' training  3,067        

school chartered or approved pursuant to state law, and service    3,068        

performed as an intern in the employ of a hospital by an           3,069        

individual who has completed a four years' course in a medical     3,070        

school chartered or approved pursuant to state law;                3,071        

      (q)  Service performed by an individual under the age of     3,073        

eighteen in the delivery or distribution of newspapers or          3,074        

shopping news, not including delivery or distribution to any       3,075        

point for subsequent delivery or distribution;                     3,076        

      (r)  Service performed in the employ of the United States    3,078        

                                                          72     

                                                                 
or an instrumentality of the United States immune under the        3,079        

constitution of the United States from the contributions imposed   3,080        

by this chapter, except that to the extent that congress permits   3,081        

states to require any instrumentalities of the United States to    3,082        

make payments into an unemployment fund under a state              3,083        

unemployment compensation act, this chapter shall be applicable    3,084        

to such instrumentalities and to services performed for such       3,085        

instrumentalities in the same manner, to the same extent, and on   3,086        

the same terms as to all other employers, individuals, and         3,087        

services, provided that if this state is not certified for any     3,088        

year by the proper agency of the United States under section 3304  3,089        

of the "Internal Revenue Code of 1954," the payments required of   3,090        

such instrumentalities with respect to such year shall be          3,091        

refunded by the administrator from the fund in the same manner     3,092        

and within the same period as is provided in division (E) of       3,093        

section 4141.09 of the Revised Code with respect to contributions  3,094        

erroneously collected;                                             3,095        

      (s)  Service performed by an individual as a member of a     3,097        

band or orchestra, provided such service does not represent the    3,098        

principal occupation of such individual, and which service is not  3,099        

subject to or required to be covered for full tax credit against   3,100        

the tax imposed by the "Federal Unemployment Tax Act," 53 Stat.    3,101        

183 (1939), 26 U.S.C.A. 3301.  Service performed after December    3,102        

31, 1971, for a nonprofit organization, this state or its          3,103        

instrumentalities, or a political subdivision or its               3,104        

instrumentalities, as part of an unemployment work-relief or       3,105        

work-training program assisted or financed in whole or in part by  3,106        

any federal agency or an agency of a state or political            3,107        

subdivision thereof, by an individual receiving the work-relief    3,108        

or work-training.                                                  3,109        

      (t)  Service performed in the employ of a day camp whose     3,111        

camping season does not exceed twelve weeks in any calendar year,  3,112        

and which service is not subject to the "Federal Unemployment Tax  3,113        

Act," 53 Stat. 183 (1939), 26 U.S.C.A. 3301.  Service performed    3,114        

                                                          73     

                                                                 
after December 31, 1971:                                           3,115        

      (i)  In the employ of a hospital, if the service is          3,117        

performed by a patient of the hospital, as defined in division     3,118        

(W) of this section;                                               3,119        

      (ii)  For a prison or other correctional institution by an   3,121        

inmate of the prison or correctional institution;                  3,122        

      (iii)  Service performed after December 31, 1977, by an      3,124        

inmate of a custodial institution operated by the state, a         3,125        

political subdivision, or a nonprofit organization.                3,126        

      (u)  Notwithstanding any other provisions of division        3,128        

(B)(3) of this section, services which are excluded under          3,129        

divisions (B)(3)(g), (j), (k), and (l) of this section, shall not  3,130        

be excluded from employment when performed for a nonprofit         3,131        

organization, as defined in division (X) of this section or for    3,132        

this state or its instrumentalities, or for a political            3,133        

subdivision or its instrumentalities.                              3,134        

      (4)  If the services performed during one half or more of    3,136        

any pay period by an employee for the person employing that        3,137        

employee constitute employment, all the services of such employee  3,138        

for such period shall be deemed to be employment; but if the       3,140        

services performed during more than one half of any such pay       3,141        

period by an employee for the person employing that employee do    3,142        

not constitute employment, then none of the services of such       3,144        

employee for such period shall be deemed to be employment.  As     3,145        

used in division (B)(4) of this section, "pay period" means a      3,146        

period, of not more than thirty-one consecutive days, for which    3,147        

payment of remuneration is ordinarily made to the employee by the  3,148        

person employing that employee.  Division (B)(4) of this section   3,149        

does not apply to services performed in a pay period by an         3,150        

employee for the person employing that employee, if any of such    3,152        

service is excepted by division (B)(3)(o) of this section.         3,154        

      (C)  "Benefits" means money payments payable to an           3,156        

individual who has established benefit rights, as provided in      3,157        

this chapter, for loss of remuneration due to the individual's     3,158        

                                                          74     

                                                                 
unemployment.                                                                   

      (D)  "Benefit rights" means the weekly benefit amount and    3,160        

the maximum benefit amount that may become payable to an           3,161        

individual within the individual's benefit year as determined by   3,162        

the administrator or the administrator's deputy.                   3,163        

      (E)  "Claim for benefits" means a claim for waiting period   3,165        

or benefits for a designated week.                                 3,166        

      (F)  "Additional claim" means the first claim for benefits   3,168        

filed following any separation from employment during a benefit    3,169        

year; "continued claim" means any claim other than the first       3,170        

claim for benefits and other than an additional claim.             3,171        

      (G)(1)  "Wages" means remuneration paid to an employee by    3,173        

each of the employee's employers with respect to employment;       3,174        

except that wages shall not include that part of remuneration      3,175        

paid during any calendar year to an individual by an employer or   3,176        

such employer's predecessor in interest in the same business or    3,177        

enterprise, which in any calendar year is in excess of eight       3,178        

thousand two hundred fifty dollars on and after January 1, 1992;   3,179        

eight thousand five hundred dollars on and after January 1, 1993;  3,180        

eight thousand seven hundred fifty dollars on and after January    3,181        

1, 1994; and nine thousand dollars on and after January 1, 1995.   3,182        

Remuneration in excess of such amounts shall be deemed wages       3,183        

subject to contribution to the same extent that such remuneration  3,184        

is defined as wages under the "Federal Unemployment Compensation   3,185        

Tax Act," 84 Stat. 714 (1970), 26 U.S.C.A. 3301, as amended.  The  3,186        

remuneration paid an employee by an employer with respect to       3,187        

employment in another state, upon which contributions were         3,188        

required and paid by such employer under the unemployment          3,189        

compensation act of such other state, shall be included as a part  3,190        

of remuneration in computing the amount specified in this          3,191        

division.                                                          3,192        

      (2)  Notwithstanding division (G)(1) of this section, if,    3,194        

as of the computation date for any calendar year, the              3,195        

administrator determines that the level of the unemployment        3,196        

                                                          75     

                                                                 
compensation fund is sixty per cent or more below the minimum      3,197        

safe level as defined in section 4141.25 of the Revised Code,      3,198        

then, effective the first day of January of the following          3,199        

calendar year, wages subject to this chapter shall not include     3,200        

that part of remuneration paid during any calendar year to an      3,201        

individual by an employer or such employer's predecessor in        3,202        

interest in the same business or enterprise which is in excess of  3,203        

nine thousand dollars.  The increase in the dollar amount of       3,204        

wages subject to this chapter under this division shall remain in  3,205        

effect from the date of the administrator's determination          3,206        

pursuant to division (G)(2) of this section and thereafter         3,207        

notwithstanding the fact that the level in the fund may            3,208        

subsequently become less than sixty per cent below the minimum     3,209        

safe level.                                                        3,210        

      (H)(1)  "Remuneration" means all compensation for personal   3,212        

services, including commissions and bonuses and the cash value of  3,213        

all compensation in any medium other than cash, except that in     3,214        

the case of agricultural or domestic service, "remuneration"       3,215        

includes only cash remuneration.  Gratuities customarily received  3,216        

by an individual in the course of the individual's employment      3,217        

from persons other than the individual's employer and which are    3,218        

accounted for by such individual to the individual's employer are  3,219        

taxable wages.                                                                  

      The reasonable cash value of compensation paid in any        3,221        

medium other than cash shall be estimated and determined in        3,222        

accordance with rules prescribed by the administrator, provided    3,223        

that "remuneration" does not include:                              3,224        

      (a)  Payments as provided in divisions (b)(2) to (b)(16) of  3,226        

section 3306 of the "Federal Unemployment Tax Act," 84 Stat. 713,  3,227        

26 U.S.C.A. 3301, as amended;                                      3,228        

      (b)  The payment by an employer, without deduction from the  3,230        

remuneration of the individual in the employer's employ, of the    3,231        

tax imposed upon an individual in the employer's employ under      3,232        

section 3101 of the "Internal Revenue Code of l954," with respect  3,234        

                                                          76     

                                                                 
to services performed after October 1, 1941.                       3,235        

      (2)  "Cash remuneration" means all remuneration paid in      3,237        

cash, including commissions and bonuses, but not including the     3,238        

cash value of all compensation in any medium other than cash.      3,239        

      (I)  "Interested party" means the administrator and any      3,241        

party to whom notice of a determination of an application for      3,242        

benefit rights or a claim for benefits is required to be given     3,243        

under section 4141.28 of the Revised Code.                         3,244        

      (J)  "Annual payroll" means the total amount of wages        3,246        

subject to contributions during a twelve-month period ending with  3,247        

the last day of the second calendar quarter of any calendar year.  3,248        

      (K)  "Average annual payroll" means the average of the last  3,250        

three annual payrolls of an employer, provided that if, as of any  3,251        

computation date, the employer has had less than three annual      3,252        

payrolls in such three-year period, such average shall be based    3,253        

on the annual payrolls which the employer has had as of such       3,254        

date.                                                                           

      (L)(1)  "Contributions" means the money payments to the      3,256        

state unemployment compensation fund required of employers by      3,257        

section 4141.25 of the Revised Code and of the state and any of    3,258        

its political subdivisions electing to pay contributions under     3,259        

section 4141.242 of the Revised Code.  Employers paying            3,260        

contributions shall be described as "contributory employers."      3,261        

      (2)  "Payments in lieu of contributions" means the money     3,263        

payments to the state unemployment compensation fund required of   3,264        

reimbursing employers under sections 4141.241 and 4141.242 of the  3,265        

Revised Code.                                                      3,266        

      (M)  An individual is "totally unemployed" in any week       3,268        

during which the individual performs no services and with respect  3,269        

to such week no remuneration is payable to the individual.         3,270        

      (N)  An individual is "partially unemployed" in any week     3,272        

if, due to involuntary loss of work, the total remuneration        3,273        

payable to the individual for such week is less than the           3,274        

individual's weekly benefit amount.                                3,275        

                                                          77     

                                                                 
      (O)  "Week" means the calendar week ending at midnight       3,277        

Saturday unless an equivalent week of seven consecutive calendar   3,278        

days is prescribed by the administrator.                           3,279        

      (1)  "Qualifying week" means any calendar week in an         3,281        

individual's base period with respect to which the individual      3,282        

earns or is paid remuneration in employment subject to this        3,284        

chapter.   A calendar week with respect to which an individual     3,285        

earns remuneration but for which payment was not made within the   3,286        

base period may, when necessary to qualify for benefit rights, be  3,287        

considered to be a qualifying week.  The number of qualifying      3,288        

weeks which may be established in a calendar quarter shall not     3,289        

exceed the number of calendar weeks in the quarter.                3,290        

      (2)  "Average weekly wage" means the amount obtained by      3,292        

dividing an individual's total remuneration for all qualifying     3,293        

weeks during the base period by the number of such qualifying      3,294        

weeks, provided that if the computation results in an amount       3,295        

which is not a multiple of one dollar, such amount shall be        3,296        

rounded to the next lower multiple of one dollar.                  3,297        

      (P)  "Weekly benefit amount" means the amount of benefits    3,299        

an individual would be entitled to receive for one week of total   3,300        

unemployment.                                                      3,301        

      (Q)(1)  "Base period" means the first four of the last five  3,303        

completed calendar quarters immediately preceding the first day    3,304        

of an individual's benefit year, except as provided in division    3,305        

(Q)(2) of this section.                                            3,306        

      (2)  If an individual does not have sufficient qualifying    3,308        

weeks and wages in the base period to qualify for benefit rights,  3,309        

his THE INDIVIDUAL'S base period shall be the four most recently   3,310        

completed calendar quarters preceding the first day of the         3,312        

individual's benefit year.  Such base period shall be known as     3,313        

the "alternate base period."  If information as to weeks and       3,314        

wages for the most recent quarter of the alternate base period is  3,315        

not available to the administrator from the regular quarterly      3,316        

reports of wage information, which are systematically accessible,  3,317        

                                                          78     

                                                                 
the administrator may, consistent with the provisions of section   3,318        

4141.28 of the Revised Code, base the determination of             3,319        

eligibility for benefits on the affidavit of the claimant with     3,320        

respect to weeks and wages for that calendar quarter.  The         3,321        

claimant shall furnish payroll documentation, where available, in  3,322        

support of the affidavit.  The determination based upon the        3,323        

alternate base period as it relates to the claimant's benefit      3,324        

rights, shall be amended when the quarterly report of wage         3,325        

information from the employer is timely received and that          3,326        

information causes a change in the determination.  As provided in  3,327        

division (B)(1)(b) of section 4141.28 of the Revised Code, any     3,328        

benefits paid and charged to an employer's account, based upon a   3,329        

claimant's affidavit, shall be adjusted effective as of the        3,330        

beginning of the claimant's benefit year.  No calendar quarter in  3,331        

a base period or alternate base period shall be used to establish  3,332        

a subsequent benefit year.                                         3,333        

      (3)  The "base period" of a combined wage claim, as          3,335        

described in division (H) of section 4141.43 of the Revised Code,  3,336        

shall be the base period prescribed by the law of the state in     3,337        

which the claim is allowed.                                        3,338        

      (R)  "Benefit year" with respect to an individual means the  3,340        

fifty-two week period beginning with the first day of that week    3,341        

with respect to which the individual first files a valid           3,342        

application for determination of benefit rights, and thereafter    3,344        

the fifty-two week period beginning with the first day of that     3,345        

week with respect to which the individual next files a valid       3,346        

application for determination of benefit rights after the          3,347        

termination of the individual's last preceding benefit year,       3,348        

except that the application shall not be considered valid unless   3,350        

the individual has had employment in six weeks that is subject to  3,351        

this chapter or the unemployment compensation act of another       3,352        

state, or the United States, and has, since the beginning of the   3,353        

individual's previous benefit year, in the employment earned       3,354        

three times the average weekly wage determined for the previous    3,355        

                                                          79     

                                                                 
benefit year.  The "benefit year" of a combined wage claim, as     3,356        

described in division (H) of section 4141.43 of the Revised Code,  3,357        

shall be the benefit year prescribed by the law of the state in    3,358        

which the claim is allowed.  Any application for determination of  3,359        

benefit rights made in accordance with section 4141.28 of the      3,360        

Revised Code is valid if the individual filing such application    3,361        

is unemployed, has been employed by an employer or employers       3,362        

subject to this chapter, in at least twenty qualifying weeks       3,363        

within the individual's base period, and in such weeks has earned  3,364        

or been paid remuneration at an average weekly wage, beginning on  3,365        

and after January 1, 1992, of not less than twenty-seven and       3,366        

one-half per cent of the statewide average weekly wage.  The       3,367        

statewide average weekly wage shall be calculated by the                        

administrator once a year based on the twelve-month period ending  3,368        

the thirtieth day of June, as set forth in division (B)(3) of      3,370        

section 4141.30 of the Revised Code, rounded down to the nearest   3,371        

dollar.  Increases or decreases in the amount of remuneration                   

required to have been earned or paid in order for individuals to   3,372        

have filed valid applications shall become effective on Sunday of  3,373        

the calendar week in which the first day of January occurs that    3,374        

follows the twelve-month period ending the thirtieth day of June   3,375        

upon which the calculation of the statewide average weekly wage    3,376        

was based.                                                                      

      As used in this division, an individual is "unemployed" if,  3,378        

with respect to the calendar week in which such application is     3,380        

filed, the individual is "partially unemployed" or "totally        3,382        

unemployed" as defined in this section or if, prior to filing the  3,383        

application, the individual was separated from the individual's    3,385        

most recent work for any reason which terminated the individual's  3,386        

employee-employer relationship, or was laid off indefinitely or    3,387        

for a definite period of seven or more days.                       3,388        

      (S)  "Calendar quarter" means the period of three            3,390        

consecutive calendar months ending on the thirty-first day of      3,391        

March, the thirtieth day of June, the thirtieth day of September,  3,392        

                                                          80     

                                                                 
and the thirty-first day of December, or the equivalent thereof    3,393        

as the administrator prescribes by rule.                           3,394        

      (T)  "Computation date" means the first day of the third     3,396        

calendar quarter of any calendar year.                             3,397        

      (U)  "Contribution period" means the calendar year           3,399        

beginning on the first day of January of any year.                 3,400        

      (V)  "Agricultural labor," for the purpose of this           3,402        

division, means any service performed prior to January 1, 1972,    3,403        

which was agricultural labor as defined in this division prior to  3,404        

that date, and service performed after December 31, 1971:          3,405        

      (1)  On a farm, in the employ of any person, in connection   3,407        

with cultivating the soil, or in connection with raising or        3,408        

harvesting any agricultural or horticultural commodity, including  3,409        

the raising, shearing, feeding, caring for, training, and          3,410        

management of livestock, bees, poultry, and fur-bearing animals    3,411        

and wildlife;                                                      3,412        

      (2)  In the employ of the owner or tenant or other operator  3,414        

of a farm in connection with the operation, management,            3,415        

conservation, improvement, or maintenance of such farm and its     3,416        

tools and equipment, or in salvaging timber or clearing land of    3,417        

brush and other debris left by hurricane, if the major part of     3,418        

such service is performed on a farm;                               3,419        

      (3)  In connection with the production or harvesting of any  3,421        

commodity defined as an agricultural commodity in section 15 (g)   3,422        

of the "Agricultural Marketing Act," 46 Stat. 1550 (1931), 12      3,423        

U.S.C. 1141j, as amended, or in connection with the ginning of     3,424        

cotton, or in connection with the operation or maintenance of      3,425        

ditches, canals, reservoirs, or waterways, not owned or operated   3,426        

for profit, used exclusively for supplying and storing water for   3,427        

farming purposes;                                                  3,428        

      (4)  In the employ of the operator of a farm in handling,    3,430        

planting, drying, packing, packaging, processing, freezing,        3,431        

grading, storing, or delivering to storage or to market or to a    3,432        

carrier for transportation to market, in its unmanufactured        3,433        

                                                          81     

                                                                 
state, any agricultural or horticultural commodity, but only if    3,434        

the operator produced more than one half of the commodity with     3,435        

respect to which such service is performed;                        3,436        

      (5)  In the employ of a group of operators of farms, or a    3,438        

cooperative organization of which the operators are members, in    3,439        

the performance of service described in division (V)(4) of this    3,440        

section, but only if the operators produced more than one-half of  3,441        

the commodity with respect to which the service is performed;      3,442        

      (6)  Divisions (V)(4) and (5) of this section shall not be   3,444        

deemed to be applicable with respect to service performed:         3,445        

      (a)  In connection with commercial canning or commercial     3,447        

freezing or in connection with any agricultural or horticultural   3,448        

commodity after its delivery to a terminal market for              3,449        

distribution for consumption; or                                   3,450        

      (b)  On a farm operated for profit if the service is not in  3,452        

the course of the employer's trade or business.                    3,453        

      As used in division (V) of this section, "farm" includes     3,455        

stock, dairy, poultry, fruit, fur-bearing animal, and truck        3,456        

farms, plantations, ranches, nurseries, ranges, greenhouses, or    3,457        

other similar structures used primarily for the raising of         3,458        

agricultural or horticultural commodities and orchards.            3,459        

      (W)  "Hospital" means an institution which has been          3,461        

registered or licensed by the Ohio department of health as a       3,462        

hospital.                                                          3,463        

      (X)  "Nonprofit organization" means an organization, or      3,465        

group of organizations, described in section 501(c)(3) of the      3,466        

"Internal Revenue Code of 1954," and exempt from income tax under  3,467        

section 501(a) of that code.                                       3,468        

      (Y)  "Institution of higher education" means a public or     3,470        

nonprofit educational institution which:                           3,471        

      (1)  Admits as regular students only individuals having a    3,473        

certificate of graduation from a high school, or the recognized    3,474        

equivalent;                                                        3,475        

      (2)  Is legally authorized in this state to provide a        3,477        

                                                          82     

                                                                 
program of education beyond high school; and                       3,478        

      (3)  Provides an educational program for which it awards a   3,480        

bachelor's or higher degree, or provides a program which is        3,481        

acceptable for full credit toward such a degree, a program of      3,482        

post-graduate or post-doctoral studies, or a program of training   3,483        

to prepare students for gainful employment in a recognized         3,484        

occupation.                                                        3,485        

      For the purposes of this division, all colleges and          3,487        

universities in this state are institutions of higher education.   3,488        

      (Z)  For the purposes of this chapter, "states" includes     3,490        

the District of Columbia, the Commonwealth of Puerto Rico, and     3,491        

the Virgin Islands.                                                3,492        

      (AA)  "Alien" means, for the purposes of division (A)(1)(d)  3,494        

of this section, an individual who is an alien admitted to the     3,495        

United States to perform service in agricultural labor pursuant    3,496        

to sections 214 (c) and 101 (a)(15)(H) of the "Immigration and     3,497        

Nationality Act," 66 Stat. 163, 8 U.S.C.A. 1101.                   3,498        

      (BB)(1)  "Crew leader" means an individual who furnishes     3,500        

individuals to perform agricultural labor for any other employer   3,501        

or farm operator, and:                                             3,502        

      (a)  Pays, either on the individual's own behalf or on       3,505        

behalf of the other employer or farm operator, the individuals so  3,507        

furnished by the individual for the service in agricultural labor  3,508        

performed by them;                                                 3,509        

      (b)  Has not entered into a written agreement with the       3,511        

other employer or farm operator under which the agricultural       3,512        

worker is designated as in the employ of the other employer or     3,513        

farm operator.                                                     3,514        

      (2)  For the purposes of this chapter, any individual who    3,516        

is a member of a crew furnished by a crew leader to perform        3,517        

service in agricultural labor for any other employer or farm       3,518        

operator shall be treated as an employee of the crew leader if:    3,519        

      (a)  The crew leader holds a valid certificate of            3,521        

registration under the "Farm Labor Contractor Registration Act of  3,522        

                                                          83     

                                                                 
1963," 90 Stat. 2668, 7 U.S.C. 2041; or                            3,523        

      (b)  Substantially all the members of the crew operate or    3,525        

maintain tractors, mechanized harvesting or crop-dusting           3,526        

equipment, or any other mechanized equipment, which is provided    3,527        

by the crew leader; and                                            3,528        

      (c)  If the individual is not in the employment of the       3,530        

other employer or farm operator within the meaning of division     3,531        

(B)(1) of this section.                                            3,532        

      (3)  For the purposes of this division, any individual who   3,534        

is furnished by a crew leader to perform service in agricultural   3,535        

labor for any other employer or farm operator and who is not       3,536        

treated as in the employment of the crew leader under division     3,537        

(BB)(2) of this section shall be treated as the employee of the    3,538        

other employer or farm operator and not of the crew leader.  The   3,539        

other employer or farm operator shall be treated as having paid    3,540        

cash remuneration to the individual in an amount equal to the      3,541        

amount of cash remuneration paid to the individual by the crew     3,542        

leader, either on the crew leader's own behalf or on behalf of     3,543        

the other employer or farm operator, for the service in            3,544        

agricultural labor performed for the other employer or farm        3,545        

operator.                                                                       

      (CC)  "Educational institution" means an institution other   3,547        

than an institution of higher education as defined in division     3,548        

(Y) of this section which:                                         3,549        

      (1)  Offers participants, trainees, or students an           3,551        

organized course of study or training designed to transfer to      3,552        

them knowledge, skills, information, doctrines, attitudes, or      3,553        

abilities from, by, or under the guidance of an instructor or      3,554        

teacher; and                                                       3,555        

      (2)  Is approved, chartered, or issued a permit to operate   3,557        

as a school by the state board of education or other government    3,558        

agency that is authorized within the state to approve, charter,    3,559        

or issue a permit for the operation of a school.                   3,560        

      For the purposes of this division, the courses of study or   3,562        

                                                          84     

                                                                 
training which the institution offers may be academic, technical,  3,563        

trade, or preparation for gainful employment in a recognized       3,564        

occupation.                                                        3,565        

      Sec. 4506.02.  (A)  Nothing in this chapter applies to any   3,575        

person when engaged in the operation of any of the following:      3,576        

      (1)  A farm truck;                                           3,578        

      (2)  Fire equipment for a fire department, volunteer or      3,580        

nonvolunteer fire company, fire district, or joint fire district;  3,581        

      (3)  A public safety vehicle used to provide transportation  3,583        

or emergency medical service for ill or injured persons;           3,584        

      (4)  A recreational vehicle;                                 3,586        

      (5)  A commercial motor vehicle within the boundaries of an  3,588        

eligible unit of local government, if the person is employed by    3,589        

the eligible unit of local government and is operating the         3,591        

commercial motor vehicle for the purpose of removing snow or ice   3,592        

from a roadway by plowing, sanding, or salting, but only if        3,593        

either the employee who holds a commercial driver's license        3,594        

issued under this chapter and ordinarily operates a commercial     3,595        

motor vehicle for these purposes is unable to operate the          3,596        

vehicle, or the employing eligible unit of local government        3,597        

determines that a snow or ice emergency exists that requires       3,598        

additional assistance;                                                          

      (6)  A VEHICLE OWNED BY THE DEPARTMENT OF DEFENSE AND        3,600        

OPERATED BY ANY MEMBER OR UNIFORMED EMPLOYEE OF THE ARMED FORCES   3,601        

OF THE UNITED STATES OR THEIR RESERVE COMPONENTS, INCLUDING THE    3,603        

OHIO NATIONAL GUARD.  THIS EXCEPTION DOES NOT APPLY TO UNITED      3,604        

STATES RESERVE TECHNICIANS.                                                     

      Nothing contained in division (A)(5) of this section shall   3,607        

be construed as pre-empting PREEMPTING or superseding any law,     3,608        

rule, or regulation of this state concerning the safe operation    3,609        

of commercial motor vehicles.                                      3,610        

      (B)  As used in this section:                                3,612        

      (1)  "Eligible unit of local government" means a village,    3,614        

township, or county that has a population of not more than three   3,615        

                                                          85     

                                                                 
thousand persons according to the most recent federal census.      3,617        

      (2)  "Farm truck" means a truck controlled and operated by   3,619        

a farmer for use in the transportation to or from a farm, for a    3,620        

distance of no more than one hundred fifty miles, of products of   3,621        

the farm, including livestock and its products, poultry and its    3,622        

products, floricultural and horticultural products, and in the     3,623        

transportation to the farm, from a distance of no more than one    3,624        

hundred fifty miles, of supplies for the farm, including tile,     3,625        

fence, and every other thing or commodity used in agricultural,    3,626        

floricultural, horticultural, livestock, and poultry production,   3,627        

and livestock, poultry, and other animals and things used for      3,628        

breeding, feeding, or other purposes connected with the operation  3,629        

of the farm, when the truck is operated in accordance with this    3,630        

division and is not used in the operations of a motor              3,631        

transportation company or private motor carrier.                   3,632        

      (3)  "Public safety vehicle" has the same meaning as in      3,634        

divisions (E)(1) and (3) of section 4511.01 of the Revised Code.   3,635        

      (4)  "Recreational vehicle" includes every vehicle that is   3,637        

defined as a recreational vehicle in section 4501.01 of the        3,638        

Revised Code and is used exclusively for purposes other than       3,639        

engaging in business for profit.                                   3,640        

      Sec. 4911.04.  The consumers' counsel shall be a resident    3,649        

of this state and during his THE COUNSEL'S term of office shall    3,650        

not hold any other office of either trust or profit under the      3,651        

government of the United States, this state, or any political      3,652        

subdivision of this state, except that this section shall not be   3,653        

construed to preclude the consumers' counsel from serving as a     3,654        

member of the reserve of the armed forces of the United States,    3,655        

OR the Ohio national guard, the air national guard, or the naval   3,658        

ORGANIZED militia.  The counsel shall not engage in any other      3,659        

occupation or business, but shall devote his entire FULL time to   3,660        

the duties of his THE office OF CONSUMERS' COUNSEL.                3,661        

      Sec. 5101.312.  (A)  As used in this section:                3,669        

      (1)  "Child support order" has the same meaning as in        3,671        

                                                          86     

                                                                 
section 2301.373 of the Revised Code.                              3,672        

      (2)  "Employer" means any employer with twenty-five or more  3,674        

employees OTHER THAN AN EXECUTIVE AGENCY OF THE UNITED STATES,     3,676        

except "employer" also means an employer with fewer than           3,677        

twenty-five employees if the employer's business is one of the                  

following:                                                                      

      (a)  Eating and drinking place;                              3,679        

      (b)  General building contractor;                            3,681        

      (c)  Construction--special trade contractor;                 3,683        

      (d)  Motor freight transportation and warehousing;           3,685        

      (e)  Automotive dealer or gasoline service station;          3,687        

      (f)  Automotive repair, services, and parking.               3,689        

      (3)  "Obligor" means a person required to pay support under  3,691        

a child support order.                                             3,692        

      (B)  Effective January 1, 1996, an employer shall report in  3,695        

writing to the department of human services the hiring, rehiring,  3,696        

or return to work as an employee of a person who resides, works,   3,697        

or will be assigned to work in this state to whom the employer     3,698        

anticipates paying compensation.                                                

      (C)  An employer shall include all of the following in each  3,700        

report:                                                            3,701        

      (1)  The employee's name, address, and social security       3,703        

number;                                                            3,704        

      (2)  The employer's name, address, and identification        3,706        

number.                                                                         

      (D)  An employer may make a report by submitting a copy of   3,708        

the United States internal revenue service form W-4 (employee's    3,710        

withholding allowance certificate) for the employee, a form                     

provided by the department, or any other hiring document or data   3,711        

storage device or mechanism the department authorizes.  An         3,712        

employer may make the report by mail, fax, or other means the      3,713        

department authorizes.  If an employer makes a report by mail,     3,714        

the date of making the report is the postmark date if the report   3,715        

is mailed in the United States with first class postage and is     3,716        

                                                          87     

                                                                 
addressed as the department authorizes.  An employer shall make    3,717        

the report not later than thirty days after the date on which the  3,718        

employer hires or rehires an employee or the employee returns to                

work.                                                              3,719        

      (E)  The department shall use the reports it receives        3,721        

pursuant to this section to locate obligors under child support    3,722        

orders being administered by child support enforcement agencies    3,723        

in this state and to detect fraud in any program administered by   3,724        

the department.  The department may submit to the bureau of        3,725        

workers' compensation or the bureau of employment services a copy               

of any report it receives from an employer pursuant to this        3,726        

section.  The department shall adopt rules in accordance with      3,727        

Chapter 119. of the Revised Code to implement this section.  In    3,728        

adopting the rules, the department shall work with the bureau of   3,730        

employment services for the purpose of identifying the industries               

listed in division (A)(2) of this section by using the Standard    3,731        

Industrial Classification codes established in the standard        3,733        

industrial classification manual, 1987, published by the                        

executive office of the president, office of management and        3,734        

budget.                                                                         

      (F)  An employer who fails to make a report required by      3,736        

this section shall be required by the department of human          3,737        

services to pay a fee of twenty-five dollars for each failure to   3,738        

make a report.                                                                  

      Sec. 5903.01.  As used in section SECTIONS 5903.01 to        3,747        

5903.05 AND 5903.02 of the Revised Code:                           3,748        

      (A)  "Permanent public employee" means any person holding a  3,750        

position in public employment that requires working a regular      3,751        

schedule of twenty-six consecutive bi-weekly BIWEEKLY pay          3,752        

periods, or any other regular schedule of comparable consecutive   3,754        

pay periods, which is not limited to a specific season or          3,755        

duration. "Permanent public employee" does not include student     3,756        

help; intermittent, seasonal, or external interim employees; or    3,757        

individuals covered by personal services contracts.                3,758        

                                                          88     

                                                                 
      (B)  "Public employment" means employment by the state, or   3,760        

any county, municipal corporation, or other civil or political     3,761        

subdivision, including any department or agency thereof.           3,762        

      (C)  "Public employer" means any government, department, or  3,764        

agency mentioned in division (B) of this section.                  3,765        

      (D)  "Position" means employment, full-time, part-time,      3,767        

probationary, or otherwise, held at the time of entrance into      3,768        

military duty THE UNIFORMED SERVICES, but does not include         3,769        

temporary or casual employment or an office filled by election.    3,773        

      (E)  "Military duty" means training and service performed    3,775        

by a member of the Ohio national guard, Ohio military reserve, or  3,776        

Ohio naval militia, or by an inductee, enlistee, reservist, or     3,777        

any entrant into a reserve component of the armed forces of the    3,778        

United States, and time spent in reporting for and returning from  3,779        

such service and training, or if a rejection occurs, from the      3,780        

place of reporting therefor PERMANENT PRIVATE EMPLOYEE" MEANS ANY  3,782        

PERSON HOLDING A POSITION WITH A PRIVATE EMPLOYER.                              

      (F)  "PRIVATE EMPLOYER" MEANS ANY PERSON, INSTITUTION,       3,784        

ORGANIZATION, OR OTHER ENTITY THAT IS NOT A PUBLIC EMPLOYER AND    3,785        

THAT PAYS SALARY OR WAGES FOR WORK PERFORMED OR THAT HAS CONTROL   3,786        

OVER EMPLOYMENT OPPORTUNITIES.                                     3,787        

      (G)  "SERVICE IN THE UNIFORMED SERVICES" MEANS THE           3,789        

PERFORMANCE OF DUTY, ON A VOLUNTARY OR INVOLUNTARY BASIS, IN A     3,791        

UNIFORMED SERVICE, UNDER COMPETENT AUTHORITY, AND INCLUDES ACTIVE  3,792        

DUTY, ACTIVE DUTY FOR TRAINING, INITIAL ACTIVE DUTY FOR TRAINING,  3,793        

INACTIVE DUTY FOR TRAINING, FULL-TIME NATIONAL GUARD DUTY, AND     3,794        

PERFORMANCE OF DUTY OR TRAINING BY A MEMBER OF THE OHIO            3,795        

ORGANIZED MILITIA PURSUANT TO CHAPTER 5923. OF THE REVISED CODE.   3,796        

"SERVICE IN THE UNIFORMED SERVICES" INCLUDES ALSO THE PERIOD OF    3,797        

TIME FOR WHICH A PERSON IS ABSENT FROM A POSITION OF PUBLIC OR     3,799        

PRIVATE EMPLOYMENT FOR THE PURPOSE OF AN EXAMINATION TO DETERMINE  3,800        

THE FITNESS OF THE PERSON TO PERFORM ANY DUTY DESCRIBED IN THIS                 

DIVISION.                                                          3,801        

      (H)  "UNIFORMED SERVICES" MEANS THE ARMED FORCES, THE OHIO   3,804        

                                                          89     

                                                                 
ORGANIZED MILITIA WHEN ENGAGED IN ACTIVE DUTY FOR TRAINING,        3,805        

INACTIVE DUTY TRAINING, OR FULL-TIME NATIONAL GUARD DUTY, THE      3,806        

COMMISSIONED CORPS OF THE PUBLIC HEALTH SERVICE, AND ANY OTHER     3,807        

CATEGORY OF PERSONS DESIGNATED BY THE PRESIDENT OF THE UNITED      3,810        

STATES IN TIME OF WAR OR EMERGENCY.                                3,811        

      Sec. 5903.02.  (A)  THE DETERMINATION OF REINSTATEMENT AND   3,813        

REEMPLOYMENT RIGHTS OF PERMANENT PUBLIC EMPLOYEES AND PERMANENT    3,815        

PRIVATE EMPLOYEES IN THE UNIFORMED SERVICES SHALL BE MADE IN       3,817        

ACCORDANCE WITH THE "UNIFORMED SERVICES EMPLOYMENT AND             3,818        

REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149, 38 U.S.C.A.      3,819        

4301, ET. SEQ.                                                                  

      (B)  THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL ADOPT     3,821        

RULES FOR THE IMPLEMENTATION OF THIS CHAPTER.                      3,822        

      Sec. 5903.99.  Whoever violates sections 5903.01 to 5903.05  3,831        

AND 5903.02 of the Revised Code may be fined not more than one     3,834        

thousand dollars or imprisoned not more than six months, or both.  3,836        

      Sec. 5911.011.  The adjutant general is the (A)  AS          3,845        

director of state armories.  He shall provide, THE ADJUTANT        3,846        

GENERAL MAY ACQUIRE, DESIGN, CONSTRUCT, EXPAND, REHABILITATE, AND  3,847        

CONVERT grounds, armories, airfields, and other buildings, and     3,848        

facilities for the purpose PURPOSES of DEVELOPING, training, AND   3,850        

OPERATING UNITS OF THE OHIO NATIONAL GUARD and for the             3,851        

safekeeping of arms, clothing, equipment, and other STATE OR       3,853        

FEDERAL military property issued to the Ohio national guard, OR    3,854        

STATE PROPERTY ISSUED TO the Ohio military reserve, or the Ohio    3,855        

naval militia, and.                                                             

      (B)  IN ACQUIRING GROUNDS, ARMORIES, AIRFIELDS, AND OTHER    3,857        

FACILITIES FOR THE PURPOSES DESCRIBED IN DIVISION (A) OF THIS      3,858        

SECTION, THE ADJUTANT GENERAL may purchase, lease PROPERTY for     3,860        

any period of time not exceeding TERM UP TO ninety-nine years,     3,861        

SUBJECT TO THE AVAILABILITY OF STATE FUNDS OR FEDERAL FUNDS        3,862        

OBTAINED UNDER AN AGREEMENT BY WHICH THE UNITED STATES                          

CONTRIBUTES TO THE COST OF LEASING THE GROUNDS, ARMORY, AIRFIELD,  3,863        

OR OTHER FACILITY, or THE ADJUTANT GENERAL MAY build suitable      3,864        

                                                          90     

                                                                 
buildings, airfields, and facilities for such THOSE purposes       3,866        

when, in his judgment, it is for the best interest of the state    3,868        

to do so.  He shall                                                             

      (C)  THE ADJUTANT GENERAL MAY provide for the LEASING,       3,871        

management, care, and maintenance of such THOSE grounds,           3,872        

armories, airfields, buildings, and OTHER facilities and may       3,873        

prescribe such ANY rules for the management, government, and       3,875        

guidance of the organizations and units occupying them as THAT     3,876        

are necessary and desirable.  When promulgating such THOSE rules,  3,878        

the adjutant general need not comply with Chapter 111. OR 119. of  3,879        

the Revised Code.                                                               

      Sec. 5911.03. (A)  The adjutant general may receive gifts    3,889        

of land, money, or other property for the purpose of aiding in     3,890        

the acquisition of grounds and airfields, or the purchase,         3,892        

building, furnishing, or maintaining of an armory, building        3,893        

AIRFIELD, or other facility for military purposes.  All            3,894        

      (B)  ALL lands so acquired UNDER THIS SECTION shall be       3,897        

deeded to the state, and all property received under this section  3,898        

from any source shall become the property of this state, EXCEPT    3,899        

AS MAY BE PROVIDED IN AN AGREEMENT BY WHICH THE UNITED STATES      3,900        

CONTRIBUTES TO THE COST OF ACQUIRING, DESIGNING, OR CONSTRUCTING   3,901        

THE GROUNDS, ARMORY, AIRFIELD, OR OTHER FACILITY USED FOR          3,902        

DEVELOPING, TRAINING, AND OPERATING UNITS OF THE NATIONAL GUARD.   3,903        

      Sec. 5911.04  The adjutant general shall be governed in the  3,913        

construction of armories, other buildings, facilities, and         3,914        

airfields for military purposes by sections 153.01 to 153.20 and   3,916        

153.50 to 153.60 of the Revised Code.                                           

      Sec. 5911.08.  The (A)  EXCEPT AS ALLOWED UNDER A PERMIT     3,926        

ISSUED UNDER CHAPTER 4303. OF THE REVISED CODE, THE sale of BEER   3,928        

OR intoxicating liquor in an armory, building, airfield, or other  3,930        

facility used for training and for the safekeeping of arms,                     

clothing, equipment, and other military property belonging to the  3,931        

Ohio national guard, the Ohio military reserve, or the Ohio naval  3,932        

ORGANIZED militia provided for by section 5911.011 of the Revised  3,934        

                                                          91     

                                                                 
Code is prohibited and any.                                                     

      (B) ANY person guilty of violating such prohibition          3,938        

DIVISION (A) OF THIS SECTION shall be punished as a court-martial  3,939        

directs PROVIDED IN CHAPTER 4303. OF THE REVISED CODE.             3,940        

      Sec. 5913.01.  (A)  The adjutant general shall be chief of   3,950        

staff to IS the commander in chief and administrative head of the  3,952        

OHIO organized militia.  He THE ADJUTANT GENERAL shall be:         3,954        

      (1)  BE provided offices in Columbus and SHALL keep them     3,956        

open during usual business hours.  He shall have;                  3,958        

      (2)  HAVE AND MAINTAIN custody of all military records,      3,960        

correspondence, and other military documents.  He shall            3,962        

superintend OF THE OHIO ORGANIZED MILITIA;                         3,963        

      (3)  SUPERINTEND the preparation of all returns and reports  3,965        

required by the United States from the state on military matters.  3,966        

He shall keep;                                                     3,967        

      (4)  KEEP a roster of all officers of the military forces    3,969        

of the state OHIO ORGANIZED MILITIA, including retired officers.   3,971        

He shall, whenever;                                                             

      (5)  WHENEVER necessary, cause the military code,            3,973        

PROVISIONS OF THE REVISED CODE AND THE orders, REGULATIONS,        3,975        

PAMPHLETS, circulars, and memorandums of the adjutant general's    3,976        

department to be printed and distributed to the commissioned       3,977        

officers and organizations of the OHIO organized militia.  He      3,980        

shall prepare;                                                                  

      (6)  PREPARE and issue all necessary books, blanks, and      3,983        

notices.  He shall OHIO ORGANIZED MILITIA FORMS AND attest TO all  3,986        

commissions issued to military officers .  He shall have OF THE    3,987        

OHIO ORGANIZED MILITIA;                                                         

      (7)  HAVE a seal, and all copies of orders, records, and     3,989        

papers in his THE ADJUTANT GENERAL'S office certified and          3,991        

authenticated under said WITH THAT seal shall be COMPETENT         3,992        

evidence in like manner as if the originals were produced.  All    3,993        

orders issued from his THE ADJUTANT GENERAL'S office shall be      3,994        

authenticated with said BEAR A DUPLICATE OF THE seal.              3,995        

                                                          92     

                                                                 
      He shall keep (8)  KEEP and preserve the arms, ordnance,     3,998        

equipment, and all other military property belonging to the state  3,999        

or issued to the state by the federal government and he shall      4,000        

make and issue such ANY regulations as are necessary to keep,      4,002        

preserve, and repair such THE property as in his opinion           4,003        

conditions demand.  He shall issue such military;                               

      (9)  ISSUE ADJUTANT GENERAL'S property to the units of the   4,005        

OHIO organized militia as the necessity of the service OR          4,008        

ORGANIZATIONAL OR ALLOWANCE TABLES requires.  He shall submit;     4,010        

      (10)  SUBMIT an annual report to the governor at such time   4,012        

as the governor requires of the transaction of his THE ADJUTANT    4,014        

GENERAL'S department, setting forth the strength and condition of  4,015        

the OHIO organized militia and such other matters as he deems      4,017        

important.  He THAT THE ADJUTANT GENERAL CHOOSES;                  4,018        

      (11)  COMMAND THE STATE AREA COMMAND OF THE OHIO NATIONAL    4,020        

GUARD.                                                                          

      (B)  THE ADJUTANT GENERAL shall issue and distribute all     4,023        

orders ISSUED IN THE NAME of THE GOVERNOR AS the commander in      4,024        

chief OF THE OHIO ORGANIZED MILITIA and perform such THE duties    4,026        

as THAT the commander in chief GOVERNOR directs and such other     4,027        

duties as are prescribed by law.                                   4,028        

      (C)  THE ADJUTANT GENERAL MAY ENTER INTO COOPERATIVE         4,030        

AGREEMENTS, CONTRACTUAL ARRANGEMENTS, OR AGREEMENTS FOR THE        4,031        

ACCEPTANCE OF GRANTS WITH THE UNITED STATES OR ANY AGENCY OR       4,032        

DEPARTMENT OF THE UNITED STATES, OTHER STATES, ANY DEPARTMENT OR   4,033        

POLITICAL SUBDIVISION OF THIS STATE, OR ANY PERSON OR BODY         4,034        

POLITIC, TO ACCOMPLISH THE PURPOSES OF THE ADJUTANT GENERAL'S      4,035        

DEPARTMENT.  THE ADJUTANT GENERAL SHALL COOPERATE WITH, AND NOT    4,036        

INFRINGE UPON, THE RIGHTS OF OTHER STATE DEPARTMENTS, DIVISIONS,   4,037        

BOARDS, COMMISSIONS, AND AGENCIES, POLITICAL SUBDIVISIONS, AND                  

OTHER PUBLIC OFFICIALS AND PUBLIC AND PRIVATE AGENCIES WHEN THE    4,039        

INTERESTS OF THE ADJUTANT GENERAL'S DEPARTMENT AND THOSE OTHER     4,040        

ENTITIES OVERLAP.                                                               

      THE FUNDS MADE AVAILABLE BY THE UNITED STATES FOR THE        4,042        

                                                          93     

                                                                 
EXCLUSIVE USE OF THE DEPARTMENT SHALL BE EXPENDED ONLY BY THE      4,043        

DEPARTMENT AND ONLY FOR THE PURPOSES FOR WHICH THE FEDERAL FUNDS   4,044        

WERE APPROPRIATED.  IN ACCEPTING FEDERAL FUNDS, THE DEPARTMENT     4,045        

AGREES TO ABIDE BY THE TERMS AND CONDITIONS OF THE GRANT OR        4,046        

COOPERATIVE AGREEMENT AND FURTHER AGREES TO EXPEND THE FEDERAL     4,047        

FUNDS IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE UNITED    4,048        

STATES.                                                                         

      Sec. 5913.02.  (A)  The military staff of the governor       4,057        

shall MAY consist of an ANY OF THE FOLLOWING:                      4,058        

      (1)  AN adjutant general of IN the grade of major general,   4,061        

upon whom WHO shall devolve PERFORM the duties of quartermaster    4,064        

general; an                                                                     

      (2)  AN assistant adjutant general for army of IN the grade  4,067        

of brigadier MAJOR general; an                                                  

      (3)  AN assistant adjutant general for air of IN the grade   4,071        

of brigadier MAJOR general; an                                                  

      (4)  AN assistant quartermaster general of IN the grade of   4,074        

colonel; all of whom OR ANY RETIRED OFFICER WHO HAS APPROPRIATE    4,075        

QUALIFICATIONS FOR THE POSITION, AS DETERMINED BY THE ADJUTANT                  

GENERAL AND THE GOVERNOR.                                          4,076        

      ALL PERSONS NAMED IN DIVISIONS (A)(1) TO (4) OF THIS         4,078        

SECTION shall be appointed by the governor and shall hold office   4,079        

during his THE GOVERNOR'S pleasure.  The                           4,081        

      (B)  THE governor's military staff ALSO shall also include   4,084        

four aides-de-camp, who shall be appointed by the governor and     4,086        

hold office during his THE GOVERNOR'S pleasure.                    4,087        

      Sec. 5913.021.  (A)  The adjutant general at the time of     4,097        

appointment shall be a federally recognized officer of IN the      4,098        

Ohio national guard of IN the grade of colonel or above, the.      4,100        

      (B)  THE assistant adjutant general for army at the time of  4,102        

appointment shall be a federally recognized officer of IN the      4,104        

Ohio army national guard of IN the grade of lieutenant colonel or  4,105        

above, the.                                                        4,106        

      (C)  THE assistant adjutant general for air at the time of   4,109        

                                                          94     

                                                                 
appointment shall be A federally recognized rated officer of IN    4,110        

the Ohio air national guard of IN the grade of lieutenant colonel  4,111        

or above, and the.                                                 4,112        

      (D)  THE assistant quartermaster general at the time of      4,115        

appointment shall be a federally recognized officer of IN the      4,116        

Ohio ARMY national guard of IN the grade of major LIEUTENANT       4,117        

COLONEL or above, OR ANY RETIRED OFFICER WHO HAS APPROPRIATE       4,118        

QUALIFICATIONS FOR THE POSITION, AS DETERMINED BY THE ADJUTANT     4,119        

GENERAL AND THE GOVERNOR.  The                                     4,120        

      (E)  THE adjutant general, the assistant adjutant general    4,123        

for the army, the assistant adjutant general for air, and the      4,124        

assistant quartermaster general at the time of appointment shall   4,125        

each have not less than ten years' commissioned service in the     4,126        

armed forces of the United States, not less than five years of     4,127        

such THAT service being in the Ohio national guard, and shall at   4,128        

all times during their tenure of office be federally recognized    4,129        

officers of the Ohio national guard.                                            

      (F)  The provisions of this section relative to federal      4,131        

recognition shall be suspended during any period of emergency      4,132        

when the majority of the units of the Ohio national guard are in   4,133        

the federal service, in which.  IN THAT event, retired officers    4,136        

of the Ohio national guard shall be eligible to serve as adjutant               

general, assistant adjutant general for army, assistant adjutant   4,138        

general for air, and assistant quartermaster general for the       4,139        

duration of such emergency or until a majority of the units of     4,140        

the Ohio national guard are released from federal service.         4,141        

      Sec. 5913.03.  The adjutant general shall give bond in the   4,151        

sum of thirty thousand dollars to the state conditioned upon the   4,152        

faithful performance of his THE ADJUTANT GENERAL'S OFFICIAL        4,153        

duties; the assistant adjutant general for army and the assistant  4,154        

adjutant general for air shall give like bonds BOND in the sum of  4,155        

ten thousand dollars; and the assistant quartermaster general      4,156        

shall give a like bond in the sum of twenty thousand dollars.  If  4,158        

a surety bond is given, the premiums shall be paid out of funds    4,160        

                                                          95     

                                                                 
appropriated therefor FOR THE SURETY BOND.  Said THESE bonds       4,161        

shall be filed in the office of the secretary of state.  All       4,162        

other bonds given by the various officers of the OHIO organized    4,163        

militia shall be filed and recorded in the office of the adjutant  4,165        

general.                                                                        

      Sec. 5913.04.  The GOVERNOR'S aides-de-camp shall be         4,174        

detailed from the commissioned officers of the Ohio national       4,176        

guard in active service from those of a grade below that of        4,177        

colonel.  Such THIS detail shall not add to the grade of the       4,179        

officer so appointed.  The officers detailed as aides-de-camp                   

shall not be relieved from duty with their respective              4,180        

organizations, but shall perform all duties pertaining thereto,    4,181        

except when on duty as aides-de-camp under orders of the governor  4,182        

AS AN EXCEPTION TO THEIR USUAL DUTIES.                             4,183        

      Sec. 5913.05.  (A)  The assistant adjutants general shall    4,193        

serve in the office of the adjutant general, and aid him THE       4,195        

ADJUTANT GENERAL by performing such THE duties as THAT the         4,197        

adjutant general assigns them.  In                                 4,199        

      (B)  IN the absence or disability of the adjutant general,   4,201        

the senior assistant adjutant general shall perform the duties of  4,203        

the adjutant general.  In                                          4,204        

      (C)  IN the absence or disability of the adjutant general    4,206        

and the senior assistant adjutant general, the junior assistant    4,207        

adjutant general shall perform the duties of the adjutant          4,208        

general.                                                                        

      Sec. 5913.051.  To supplement the military staff of the      4,218        

governor, the adjutant general shall MAY appoint an assistant to   4,219        

the state area commander for readiness and training for army.      4,220        

This assistant shall be a brigadier general and shall serve in     4,221        

the office of AID the adjutant general and aid him and the state   4,222        

area commander by performing such duties as THAT the adjutant      4,225        

general assigns in the areas of readiness, training, and           4,226        

mobilization.  This assistant shall not be a full-time state       4,227        

employee, but shall serve in his THAT capacity only during         4,228        

                                                          96     

                                                                 
federally recognized training, special duty periods, or            4,230        

mobilization periods, and shall at the time of his appointment be  4,231        

of IN the rank of colonel or above but otherwise meet the          4,233        

qualifications established in section 5913.021 of the Revised      4,234        

Code.                                                                           

      Sec. 5913.06.  (A)  The assistant quartermaster general,     4,244        

under direction of the adjutant general as quartermaster general,  4,245        

shall have charge of all STATE military property AND PROPERTY OF   4,246        

THE ADJUTANT GENERAL'S DEPARTMENT belonging to the state.  The     4,247        

      (B)  THE assistant quartermaster general shall keep an       4,249        

accurate account thereof OF STATE MILITARY PROPERTY AND PROPERTY   4,252        

OF THE ADJUTANT GENERAL'S DEPARTMENT and shall make such returns   4,253        

and PREPARE reports as the adjutant general directs.  He           4,254        

      (C)  THE ASSISTANT QUARTERMASTER GENERAL shall perform such  4,257        

other duties as are assigned to him by the adjutant general.  In   4,258        

      (D)  IN the absence or disability of the adjutant general,   4,262        

and the assistant adjutants general, the assistant quartermaster   4,263        

general shall perform the duties of the adjutant general.          4,264        

      Sec. 5913.07.  (A)  Any person who has served as a member    4,274        

of the OHIO organized militia of Ohio or of the armed forces of    4,277        

the United States, or both, for a period of three TWENTY years,    4,278        

one year EIGHT YEARS of which has HAVE been served as a            4,279        

commissioned officer of the Ohio state guard, the Ohio state                    

naval ORGANIZED militia, or the Ohio military reserve may, at his  4,281        

own THE PERSON'S request and upon approval of the adjutant         4,282        

general, MAY be placed upon the reserve RETIRED list, which shall  4,283        

be kept in the office of the adjutant general.  Such               4,284        

      (B)  RETIRED officers shall receive no compensation FROM     4,286        

THE STATE for their services except as provided in this section,   4,289        

but shall be permitted MAY on all occasions of ceremony to wear    4,290        

the uniform of their rank.  The commander in chief                 4,291        

      (C)  THE ADJUTANT GENERAL may assign or detail such RETIRED  4,294        

officers upon duty and when so assigned or detailed, they shall                 

receive the same pay and allowances as officers on the active      4,295        

                                                          97     

                                                                 
list of the ELEMENT OF THE OHIO organized militia assigned,        4,296        

detailed, or employed under like condition.                        4,297        

      Sec. 5913.08.  The adjutant general shall have HAS general   4,307        

direction over the state arsenal, state camp grounds, and other    4,309        

military AND OTHER ADJUTANT GENERAL'S DEPARTMENT property of       4,310        

BELONGING TO the state.  He shall THE ADJUTANT GENERAL MAY employ  4,311        

such labor thereat EMPLOYEES as the governor deems the             4,312        

necessities and best interests of the state require NECESSARY TO   4,314        

CARRY OUT THE DUTIES OF THE ADJUTANT GENERAL'S DEPARTMENT.         4,315        

      Sec. 5913.09.  (A)  The adjutant general shall be IS the     4,327        

custodian of all military AND OTHER ADJUTANT GENERAL'S DEPARTMENT               

property, both real and personal, belonging to the state.          4,328        

      He (B)  THE ADJUTANT GENERAL may make such changes and       4,332        

improvements in such TO MILITARY AND OTHER ADJUTANT GENERAL'S                   

DEPARTMENT property as the needs of the state AND FEDERAL          4,335        

GOVERNMENT and the exigencies of the service require.  All         4,337        

improvements made upon such THAT property belonging to the state,  4,339        

from moneys received either all or in part from the state OR       4,340        

FEDERAL GOVERNMENT, OR BOTH, become the property of the state,     4,341        

EXCEPT AS MAY BE PROVIDED IN AN AGREEMENT AND CORRESPONDING        4,342        

REGULATIONS BY WHICH THE UNITED STATES CONTRIBUTES TO THE COST OF  4,344        

AN IMPROVEMENT.  The                                                            

      (C)(1)  IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW  4,346        

AND REGULATIONS, THE adjutant general may, with the approval of    4,348        

the governor, MAY ACQUIRE BY PURCHASE lease, license, or rent      4,349        

military OTHERWISE, REAL AND PERSONAL property of NECESSARY FOR    4,351        

the state upon such terms and under such conditions as PURPOSES    4,353        

OF the adjutant general considers appropriate and proper           4,355        

DEPARTMENT.  Except                                                             

      (2)  IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW     4,357        

AND REGULATIONS, THE ADJUTANT GENERAL, WITH THE APPROVAL OF THE    4,358        

ATTORNEY GENERAL, MAY ENTER INTO CONTRACTS FOR THE CONSTRUCTION,   4,359        

REPAIR, RENOVATION, MAINTENANCE, AND OPERATION OF MILITARY OR      4,361        

OTHER ADJUTANT GENERAL'S DEPARTMENT PROPERTY.                                   

                                                          98     

                                                                 
      (3)  IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW     4,363        

AND REGULATIONS, THE ADJUTANT GENERAL, WITH THE APPROVAL OF THE    4,364        

GOVERNOR, MAY LEASE OR EXCHANGE ALL OR PART OF ANY MILITARY OR     4,365        

OTHER ADJUTANT GENERAL'S DEPARTMENT PROPERTY OR GRANT EASEMENTS    4,366        

OR LICENSES, IF THE LEASE, EXCHANGE, EASEMENT, OR LICENSE IS                    

ADVANTAGEOUS TO THE STATE.                                         4,367        

      (4)  ALL REAL PROPERTY OF THE ADJUTANT GENERAL'S DEPARTMENT  4,369        

SHALL BE SOLD IN ACCORDANCE WITH SECTION 5911.10 OF THE REVISED    4,371        

CODE.                                                                           

      (D)  EXCEPT as otherwise provided in this section, all       4,373        

receipts INCOME from any military OR OTHER ADJUTANT GENERAL'S      4,374        

DEPARTMENT property of the state, not made a portion of the        4,376        

company, troop, battery, DETACHMENT, SQUADRON, or other            4,377        

organization funds by regulations, shall be credited to the funds               

for the OPERATION AND maintenance of the Ohio national guard,      4,379        

Ohio naval ORGANIZED militia, or the Ohio military reserve, as     4,380        

the adjutant general directs, IN ACCORDANCE WITH APPLICABLE STATE  4,381        

AND FEDERAL LAW AND REGULATIONS AND THE AGREEMENTS BY WHICH THE    4,382        

UNITED STATES CONTRIBUTES TO THE COST OF OPERATION AND             4,383        

MAINTENANCE OF THE OHIO NATIONAL GUARD.  All income received from  4,385        

seasonal rental units and recreational facilities at Camp Perry    4,386        

shall be paid into the state treasury to the credit of the Camp    4,387        

Perry clubhouse and rental activities fund, which is hereby        4,388        

created.                                                                        

      Sec. 5913.10.  (A)  The adjutant general may prescribe and   4,398        

enforce rules and police regulations for the range and ground      4,399        

PROPERTY referred to in section 5913.09 of the Revised Code, as    4,400        

he THE ADJUTANT GENERAL deems necessary for protection and         4,402        

safety.                                                                         

      (B)  IN PRESCRIBING REGULATIONS UNDER DIVISION (A) OF THIS   4,405        

SECTION, THE ADJUTANT GENERAL NEED NOT COMPLY WITH CHAPTER 111.                 

OR 119. OF THE REVISED CODE.                                       4,406        

      Sec. 5913.17.  No person shall enter an encampment of the    4,416        

OHIO organized militia, or a camp or cantonment of any military    4,418        

                                                          99     

                                                                 
organization of the United States, when forbidden to do so, or,    4,419        

having been permitted to enter therein THE ENCAMPMENT, shall       4,420        

conduct himself BEHAVE in a disorderly manner or shall resist a    4,422        

sentry or guard acting under orders to prevent such THAT entry or  4,423        

disorderly conduct.                                                             

      Sec. 5919.01.  (A)  The Ohio national guard shall consist    4,434        

CONSISTS of such THOSE organizations and units as THAT are, under  4,436        

the laws of the United States and the regulations promulgated in   4,437        

pursuance thereof UNDER THEM, prescribed as the portion of the     4,438        

ARMY OR AIR national guard of the United States apportioned        4,439        

LOCATED and assigned to ORGANIZED WITHIN this state in accordance  4,440        

with troop basis ACCORDING TO THE LOCATIONS, BRANCHES,             4,441        

ORGANIZATIONS, AND ALLOTMENTS approved by the governor of Ohio     4,442        

THIS STATE.                                                                     

      (B)  The organizations and units of the Ohio national guard  4,444        

shall conform to and be organized in accordance with ACCORDING TO  4,446        

the ORGANIZATIONAL OR ALLOWANCE tables of organizations as         4,447        

prescribed by the department of defense THE ARMY OR AIR FORCE AND  4,449        

BY THE NATIONAL GUARD BUREAU for the national guard.  In case of   4,450        

an emergency or imminent danger thereof OF AN EMERGENCY, the       4,451        

governor, as commander in chief, may increase the organized        4,452        

military forces of the state in accordance with SIZE OF THE OHIO   4,453        

NATIONAL GUARD ACCORDING TO the existing rules and regulations     4,455        

governing the armed forces of the United States, as the exigency   4,456        

of the occasion requires; and such.  ANY organization and          4,457        

increase may be made either pursuant to, or in advance of, any     4,459        

call or order made by the president of the United States.          4,460        

      Sec. 5919.02. (A)  All commissioned AND WARRANT officers of  4,471        

the Ohio national guard shall be appointed by the governor as                   

commander in chief, upon the recommendation of the commanding      4,473        

officers of the organizations to which such officers are to be     4,474        

assigned for duty, and SHALL be commissioned OR WARRANTED          4,476        

according to grade in UNDER the REGULATIONS OF THE department,     4,477        

corps, arm, or service in which they are appointed OF THE ARMY OR  4,478        

                                                          100    

                                                                 
AIR FORCE AND THE NATIONAL GUARD BUREAU.  No                       4,479        

      (B)  NO officer shall be commissioned OR WARRANTED until he  4,482        

THE OFFICER has successfully passed tests as to his physical,      4,484        

moral, and professional fitness as prescribed by REGULATIONS                    

PROMULGATED UNDER federal law for federal recognition as an A      4,485        

COMMISSIONED OR WARRANT officer.                                   4,486        

      (C)  General officers of the line shall be appointed from    4,489        

the federally recognized eligible commissioned officers of the                  

ARMY OR AIR national guard of this state OR OF ANOTHER COMPONENT   4,490        

OF THE ARMED FORCES OF THE UNITED STATES, who shall have served    4,492        

at least fifteen years as a commissioned officer in the ARMY OR    4,493        

AIR national guard or in another component of the armed forces of  4,494        

the United States, or both.  At least ten years of such service    4,495        

shall have been with troops.                                                    

      Sec. 5919.04.  (A)  The governor ADJUTANT GENERAL may issue  4,506        

such regulations AND OTHER PUBLICATIONS governing the appointment  4,507        

of officers in the Ohio national guard and such ALL other matters  4,508        

pertaining to the Ohio national guard as are necessary to conform  4,509        

to the requirements made OR AUTHORIZED by congress for             4,510        

participation in federal appropriations for the national guard.    4,511        

      (B)  IN ISSUING REGULATIONS AND OTHER PUBLICATIONS UNDER     4,513        

DIVISION (A) OF THIS SECTION, THE ADJUTANT GENERAL NEED NOT        4,514        

COMPLY WITH CHAPTER 111. OR 119. OF THE REVISED CODE.              4,515        

      Sec. 5919.071.  Any person, commissioned or warranted as an  4,525        

officer in the Ohio national guard, shall hold his THE commission  4,526        

or warrant during the period of his THE PERSON'S federal           4,527        

recognition.  The termination or withdrawal by the department of   4,528        

defense THE ARMY OR AIR FORCE of the federal recognition of any    4,530        

commissioned or warrant officer IN THE ARMY OR AIR NATIONAL GUARD  4,531        

OF THE UNITED STATES shall terminate his THE PERSON'S commission   4,533        

OR WARRANT in the Ohio national guard.                                          

      Sec. 5919.09.  Original enlistments ENLISTMENTS in the Ohio  4,543        

national guard and all subsequent enlistments shall be for the     4,544        

period prescribed by act of congress AND PUBLICATIONS OF THE       4,545        

                                                          101    

                                                                 
DEPARTMENT OF THE ARMY OR AIR FORCE AND NATIONAL GUARD BUREAU.     4,546        

      Sec. 5919.12.  An A COMMISSIONED OR WARRANT officer of the   4,555        

Ohio national guard may be honorably discharged by the GOVERNOR    4,556        

AS commander in chief upon tender of his THE OFFICER'S             4,558        

resignation, in conformity with the requirements of the            4,559        

department of defense THE ARMY OR AIR FORCE AND THE NATIONAL       4,560        

GUARD BUREAU, provided he BUT THE OFFICER shall not be discharged  4,561        

until he THE OFFICER has accounted for all state and United        4,562        

States property and all public moneys for which he THE OFFICER is  4,563        

responsible.                                                       4,564        

      Sec. 5919.13.  (A)  Any commissioned OR WARRANT officer who  4,575        

has served as a member of the Ohio national guard for a period of  4,576        

ten TWENTY years, five EIGHT of which have been as a commissioned  4,578        

OR WARRANT officer, may at his own THE OFFICER'S request, and      4,579        

shall upon termination of his THE OFFICER'S federal recognition,   4,580        

be placed upon the retired list, which shall be kept in the        4,581        

office of the adjutant general.  Officer so retired                4,582        

      (B)  RETIRED OFFICERS shall receive no compensation FROM     4,585        

THE STATE for their services except as provided in this section,   4,586        

but shall be permitted MAY on all occasions of ceremony to wear    4,587        

the uniform of the grade upon which retired THEIR RANK.  The       4,588        

commander in chief                                                              

      (C)  THE ADJUTANT GENERAL may detail officers so A retired   4,591        

upon OFFICER TO duty other than in the command of troops, and      4,592        

when so detailed, they CONSISTENT WITH FEDERAL PUBLICATIONS.  A    4,593        

RETIRED OFFICER THEN shall receive like pay and allowances as      4,594        

officers on the active list detailed or employed under like        4,595        

conditions PRESCRIBED UNDER THE DEPARTMENT OF DEFENSE PAY MANUAL.  4,596        

      Sec. 5919.14.  (A)  At any time the moral character,         4,606        

capacity, and general fitness for services, SERVICE of any Ohio    4,608        

national guard officer may be determined by an efficiency A board  4,609        

of three commissioned officers, appointed by the governor, who     4,610        

shall be senior in rank, if practicable, to the officer whose      4,612        

fitness for service is under investigation, and if the finding of  4,613        

                                                          102    

                                                                 
such board is unfavorable to such officer and is approved by the   4,614        

governor, he the officer shall be discharged WHICH SHALL BE        4,615        

CONVENED AND PROCEED ACCORDING TO PUBLICATIONS OF THE DEPARTMENT   4,616        

OF THE ARMY OR AIR FORCE AND THE NATIONAL GUARD BUREAU.                         

      (B)  A BOARD OF OFFICERS CONVENED UNDER DIVISION (A) OF      4,618        

THIS SECTION IS NOT A PUBLIC BODY SUBJECT TO SECTION 121.22 OF     4,619        

THE REVISED CODE.                                                  4,620        

      Sec. 5919.15.  There shall be organized a national guard     4,629        

reserve which shall consist of such organizations, officers, and   4,631        

enlisted man, as the president of the United States prescribes.    4,632        

Officers COMMISSIONED OFFICERS, WARRANT OFFICERS, and enlisted     4,633        

men PERSONNEL of the Ohio national guard may be transferred to     4,634        

the INACTIVE national guard reserve under such regulations as      4,635        

THAT the president NATIONAL GUARD BUREAU prescribes.               4,638        

      Sec. 5919.16.  Commissions of (A)  COMMISSIONED AND WARRANT  4,649        

officers of IN the Ohio national guard shall be vacated            4,650        

DISCHARGED by THE ADJUTANT GENERAL UPON EITHER OF THE FOLLOWING:   4,651        

      (1)  THE OFFICER'S resignation, by termination;              4,653        

      (2)  APPROVAL OF A BOARD'S RECOMMENDATION FOR WITHDRAWAL of  4,655        

federal recognition by the department of defense, absence CHIEF    4,657        

OF THE NATIONAL GUARD BUREAU.                                                   

      (B)  AN OFFICER ALSO MAY BE DISCHARGED UNDER ANY OF THE      4,659        

FOLLOWING CIRCUMSTANCES:                                           4,660        

      (1)  PURSUANT TO OTHER FEDERAL REGULATIONS;                  4,662        

      (2)  IF ABSENT without leave for three months, upon          4,664        

recommendation of an efficiency board, pursuant;                   4,665        

      (3)  PURSUANT to sentence by court-martial, or if such;      4,669        

      (4)  IF THE officer has been convicted of an infamous A      4,671        

crime CLASSIFIED AS A FELONY AS DESCRIBED IN DIVISION (D) OR (E)   4,673        

OF SECTION 2901.02 OF THE REVISED CODE.                                         

      Sec. 5919.17.  (A)  An enlisted man PERSON discharged from   4,685        

service in the Ohio national guard shall receive a discharge, in   4,686        

writing, in such THE form and with such classification as is THE   4,687        

CHARACTERIZATION prescribed for BY the regular army OR AIR FORCE.  4,688        

                                                          103    

                                                                 
In time of peace, discharges may be given prior to BEFORE the      4,690        

expiration of terms of enlistment, under prescribed regulations,   4,691        

subject to the ANY restrictions of the national defense act        4,692        

CONTAINED IN PUBLICATIONS OF THE DEPARTMENT OF THE ARMY OR AIR     4,693        

FORCE AND THE NATIONAL GUARD BUREAU.                               4,694        

      (B)  On termination of an emergency in which the officers    4,696        

and enlisted men PERSONNEL of the Ohio national guard have been    4,697        

called or drafted ORDERED into federal service by the president    4,699        

of the United States, in accordance with ACCORDING TO the laws of  4,701        

the United States, such called or drafted officers and enlisted                 

men THOSE PERSONS shall continue to serve in the Ohio national     4,703        

guard until the dates upon which their commissions or enlistments  4,704        

SERVICE OBLIGATIONS entered into prior to BEFORE the call or       4,705        

draft ORDER into the federal service would have expired if         4,706        

uninterrupted.                                                                  

      Sec. 5919.22.  No officer or enlisted man PERSON may be      4,716        

discharged from the Ohio national guard except as provided in      4,718        

section 5919.01 to 5919.25, inclusive, of the Revised Code; nor    4,720        

shall any officer be demoted for any cause except upon his         4,721        

written consent; nor shall the enlistment of any eligible citizen  4,722        

or alien who has declared his intention to become a citizen be     4,723        

denied, except as provided in such sections BY PUBLICATIONS OF     4,724        

THE DEPARTMENT OF THE ARMY OR AIR FORCE AND THE NATIONAL GUARD     4,725        

BUREAU.                                                                         

      Sec. 5919.25.  The Ohio national guard shall, as far as      4,735        

practicable, SHALL be uniformed, armed, and equipped with the      4,737        

same type of uniforms, arms, and equipment as is provided for the  4,738        

armed forces of the United States AIR FORCE OR ARMY.               4,739        

      Sec. 5919.28.  The system of tactics, field exercises, and   4,749        

training for the armed forces of the United States ARMY OR AIR     4,750        

FORCE shall be the system of tactics, field exercises, and         4,752        

training for the Ohio national guard.                                           

      Sec. 5919.29.  (A)  The governor as commander in chief may   4,763        

order individuals and units of the Ohio national guard to perform  4,765        

                                                          104    

                                                                 
any training or duty authorized under the "Act of August 10,       4,766        

1956," 70A Stat. 596, 32 U.S.C.A. 101-716 101 TO 716, and under    4,768        

regulations prescribed by the president of the United States, the  4,770        

secretary of defense, the secretary of the army, the secretary of  4,771        

the air force, or the chief of the national guard bureau.          4,772        

      (B)  When ordered by the governor to perform training or     4,774        

duty under this section or section 5923.12 of the Revised Code,    4,776        

members of the Ohio national guard shall have the protections      4,777        

afforded to persons on federal active duty by "The Soldiers and    4,778        

Sailors Civil Relief Act of 1940," 54 Stat. 1178, 50 App.          4,780        

U.S.C.A. 501-548 and 560-591, AND BY THE "UNIFORMED SERVICES       4,782        

EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF 1994," 108 STAT. 3149,   4,783        

38 U.S.C.A. 4301 TO 4333.                                          4,784        

      Sec. 5919.30.  There shall be an annual inspection (A)       4,794        

INSPECTION of each organization and unit UNITS OF THE OHIO         4,796        

NATIONAL GUARD SHALL BE CONDUCTED under such rules and             4,797        

regulations as are prescribed under the National Defense Act by    4,798        

the president of the United States or secretary of defense THE     4,799        

ARMY OR SECRETARY OF THE AIR FORCE AND THE CHIEF OF THE NATIONAL   4,800        

GUARD BUREAU. The                                                  4,802        

      (B)  THE adjutant general or an officer acting under his     4,805        

THE ADJUTANT GENERAL'S authority may make such other inspections   4,806        

as are considered necessary by the adjutant general.                            

      Sec. 5919.32.  While one duty under the authority of the     4,816        

department of defense of the United States, and in going to and    4,817        

returning therefrom, officers and enlisted men of the Ohio         4,819        

national guard shall receive such pay and allowances as are        4,821        

allowed by the department of defense.  For attendance at armory                 

drill SATISFACTORILY PERFORMING INACTIVE DUTY FOR TRAINING,        4,822        

ANNUAL TRAINING, AND ACTIVE DUTY FOR SPECIAL WORK, officers and    4,823        

enlisted men PERSONNEL of the Ohio national guard shall receive    4,824        

such pay and allowances as are FROM THE UNITED STATES authorized   4,826        

and allowed by the department of defense PAY MANUAL, subject to    4,827        

such rules and regulations as may be promulgated by UNDER it.      4,828        

                                                          105    

                                                                 
      Sec. 5919.33.  Upon certification of availability of funds   4,838        

by the director of budget and management, the adjutant general     4,839        

shall pay a death benefit of twenty thousand dollars from the      4,840        

appropriations for operating expenses, to the beneficiary or       4,842        

beneficiaries of any member of the Ohio national guard who dies                 

while performing state active duty under orders issued by          4,843        

competent authority.  Provided such THE ADJUTANT GENERAL ON        4,844        

BEHALF OF THE GOVERNOR, IF THE beneficiary or beneficiaries has    4,845        

or have been so designated in a written statement as prescribed    4,846        

by the adjutant general.                                                        

      Sec. 5919.35.  (A)  THE STOCKAGE, ACCOUNTABILITY, ISSUANCE,  4,848        

AND DISPENSING OF ANY DRUG, AS DEFINED IN SECTION 4729.02 OF THE   4,849        

REVISED CODE, THAT IS ISSUED TO ANY UNIT OR MEMBER OF THE OHIO     4,850        

NATIONAL GUARD IS GOVERNED EXCLUSIVELY BY REGULATIONS OR OTHER     4,851        

DIRECTIVES PRESCRIBED BY THE UNITED STATES ARMY OR AIR FORCE AND   4,852        

THE NATIONAL GUARD BUREAU.  OHIO NATIONAL GUARD UNITS AND          4,853        

PERSONNEL ARE NOT SUBJECT TO CHAPTER 4729. OR 3715. OF THE         4,854        

REVISED CODE OR OTHER STATUTES OR REGULATIONS IN CONFLICT WITH     4,855        

MILITARY REGULATIONS OR OTHER DIRECTIVES WHEN ACTING IN            4,856        

FURTHERANCE OF THEIR OFFICIAL DUTIES.                              4,857        

      (B)  THIS SECTION APPLIES DESPITE THE ORDER OF OHIO          4,859        

NATIONAL GUARD UNITS OR PERSONNEL TO STATE ACTIVE DUTY UNDER       4,860        

SECTION 5923.22 OF THE REVISED CODE OR THE FACT THAT ACCOUNTABLE   4,861        

OFFICERS OR EMPLOYEES OF THE OHIO NATIONAL GUARD ARE EMPLOYED IN   4,862        

A CIVILIAN STATUS.                                                 4,863        

      Sec. 5920.10.  Whenever the Ohio military reserve or any     4,872        

part thereof is ordered out for active service by the governor,    4,873        

the Ohio code of military justice shall be in full force in        4,874        

respect to such forces.  Every officer and enlisted man of such    4,876        

forces shall, during his service therein, be exempt from service   4,877        

upon any posse comitatus and from jury duty.                       4,878        

      Sec. 5921.09.  The Ohio naval militia shall be organized,    4,887        

governed, drilled, and instructed in accordance with the           4,888        

regulations and customs provided for the navy of the United        4,889        

                                                          106    

                                                                 
States, and Chapter 5924. of the Revised Code, together with the   4,891        

orders of the governor.  Every commissioned officer, warrant                    

officer, and enlisted member, when ordered out for active service  4,893        

by the governor, shall during his service therein, be exempt from  4,894        

service upon any posse comitatus and from jury duty.               4,895        

      Sec. 5923.01.  (A)  The OHIO ORGANIZED militia of the state  4,905        

shall consist CONSISTS of all able-bodied citizens of the state    4,906        

WHO ARE NOT PERMANENTLY HANDICAPPED, AS HANDICAPPED IS DEFINED IN  4,908        

SECTION 4112.01 OF THE REVISED CODE, who are more than seventeen   4,909        

years of age, and not more than sixty-seven years, of age except   4,910        

UNLESS EXEMPTED as provided in section 5923.03 5923.02 of the      4,912        

Revised Code.  The militia shall be divided into four classes,     4,913        

AND WHO ARE MEMBERS OF ONE OF THE FOLLOWING:                       4,915        

      (A)(1)  The Ohio national guard;                             4,916        

      (B)(2)  The Ohio naval militia;                              4,918        

      (C)(3)  The Ohio military reserve;                           4,920        

      (D)  The unorganized militia.                                4,922        

      (B)  The Ohio national guard, INCLUDING BOTH THE OHIO AIR    4,926        

NATIONAL GUARD AND THE OHIO ARMY NATIONAL GUARD, the Ohio naval    4,927        

militia, and the Ohio military reserve shall be ARE known          4,928        

collectively as the OHIO organized militia.                                     

      "Military forces" includes the (C)  THE Ohio national        4,931        

guard, the Ohio naval militia, AND the Ohio military reserve, and  4,932        

the unorganized militia.                                           4,933        

      "National Defense Act," means an act of congress, entitled   4,935        

"An act for making further and more effectual provision for the    4,936        

national defense and for other purposes," approved by the          4,937        

president, June 3, 1916, and all acts amendatory thereof and       4,938        

supplementary thereto ARE KNOWN COLLECTIVELY AS THE STATE DEFENSE  4,939        

FORCES.                                                            4,940        

      (D)  THE UNORGANIZED MILITIA CONSISTS OF THOSE CITIZENS OF   4,942        

THE STATE AS DESCRIBED IN DIVISION (A) OF THIS SECTION WHO ARE     4,943        

NOT MEMBERS OF THE OHIO ORGANIZED MILITIA.                         4,944        

      (E)  No troops shall be maintained in time of peace other    4,946        

                                                          107    

                                                                 
than as authorized and prescribed under the "National Defense Act  4,947        

ACT OF AUGUST 10, 1956," 70A STAT. 596, 32 U.S.C.A. 101 TO 716."   4,949        

Such THIS limitation does not affect the right of the state to     4,950        

the use of the ITS ORGANIZED militia within its borders in time    4,951        

of peace as prescribed in BY the military laws of this state.      4,952        

This section does not prevent the organization and maintenance of  4,954        

police.                                                                         

      Sec. 5923.02.  The (A)  THE FOLLOWING PERSONS, IF SUBJECT    4,964        

TO DUTY IN THE OHIO ORGANIZED MILITIA, MAY BE EXEMPTED BY THE      4,966        

ADJUTANT GENERAL FROM DUTY ON REQUEST:                             4,967        

      (1)  THE VICE-PRESIDENT OF THE UNITED STATES;                4,969        

      (2)  THE officers, judicial and executive, of the            4,972        

departments of the state and of the United States, and the                      

members of the general assembly, without regard to age, shall be   4,973        

exempt from duty in the Ohio militia, and all persons who;         4,974        

      (3)  MEMBERS OF THE ARMED FORCES OF THE UNITED STATES OR     4,976        

THEIR RESERVE COMPONENTS;                                          4,977        

      (4)  CUSTOMHOUSE CLERKS;                                     4,979        

      (5)  EMPLOYEES OF THE UNITED STATES POSTAL SERVICE;          4,981        

      (6)  WORKERS EMPLOYED IN ARMORIES, ARSENALS, OR NAVAL        4,983        

SHIPYARDS OF THE UNITED STATES;                                    4,984        

      (7)  PILOTS ON THE NAVIGABLE WATERS OF THE UNITED STATES;    4,986        

      (8)  MARINERS LICENSED BY THE UNITED STATES.                 4,988        

      (B)  ANY PERSON because of religious belief OR OTHER MORAL   4,990        

CONVICTION HELD AS A MATTER OF CONSCIENCE MAY claim exemption      4,991        

from military OHIO ORGANIZED MILITIA service, when the             4,992        

conscientious holding of such belief by such person is             4,993        

established under such regulations as the governor prescribes,     4,994        

shall be exempted from military service in a combatant capacity;   4,995        

but no person so exempted shall be exempt from military service    4,996        

in any capacity that the governor declares to be noncombatant.     4,997        

      Sec. 5923.03.  (A)  The Ohio national guard and the Ohio     5,007        

naval militia shall consist CONSISTS of the MEMBERS OF THE OHIO    5,009        

ORGANIZED militia regularly WHO ARE enlisted therein, transferred  5,010        

                                                          108    

                                                                 
or assigned thereto under the laws and regulations of the United   5,011        

States, and of the officers and warrant officers regularly         5,012        

commissioned and, OR warranted therein or assigned thereto, IN     5,014        

THE OHIO NATIONAL GUARD, ALL as shall be prescribed by             5,015        

PUBLICATIONS OF the department of defense THE ARMY OR AIR FORCE    5,016        

AND THE NATIONAL GUARD BUREAU for the national guard and the       5,017        

naval militia AS PRESCRIBED BY CHAPTER 5919. OF THE REVISED CODE.  5,018        

The                                                                             

      (B)  THE Ohio military reserve shall consist CONSISTS of     5,021        

the MEMBERS OF THE OHIO ORGANIZED militia who are more than        5,022        

seventeen years of age and regularly enlisted therein, and of      5,023        

officers between the ages of eighteen and sixty-seven years                     

regularly, commissioned therein or assigned thereto, OR WARRANTED  5,025        

IN THE OHIO MILITARY RESERVE AS PRESCRIBED BY CHAPTER 5920. OF     5,027        

REVISED CODE.                                                                   

      (C)  THE OHIO NAVAL MILITIA CONSISTS OF THE MEMBERS OF THE   5,030        

OHIO ORGANIZED MILITIA WHO ARE ENLISTED, COMMISSIONED, OR                       

WARRANTED IN THE OHIO NAVAL MILITIA AS PRESCRIBED BY CHAPTER       5,031        

5921. OF THE REVISED CODE.                                         5,032        

      Sec. 5923.05.  (A)(1)  Permanent public employees, as        5,041        

defined in section 5903.01 of the Revised Code, who are members    5,042        

of the Ohio national guard, the Ohio military reserve, the Ohio    5,043        

naval ORGANIZED militia, or members of other reserve components    5,044        

of the armed forces of the United States, INCLUDING THE OHIO       5,045        

NATIONAL GUARD, are entitled to leave of absence from their        5,046        

respective duties POSITIONS without loss of pay for such THE time  5,048        

as they are performing military duty SERVICE IN THE UNIFORMED      5,049        

SERVICES, as defined in section 5903.01 of the Revised Code for    5,051        

periods not to exceed twenty-two eight-hour work days or one       5,052        

hundred seventy-six hours in any one calendar year OF UP TO ONE    5,053        

MONTH, for each calendar year in which military duty is performed  5,054        

THEY ARE PERFORMING SERVICE IN THE UNIFORMED SERVICES.             5,055        

      (2)  As used in this section, "calendar year" means the      5,057        

year beginning on the first day of January and ending on the last  5,058        

                                                          109    

                                                                 
day of December, AND "MONTH" MEANS TWENTY-TWO EIGHT-HOUR WORK      5,059        

DAYS OR ONE HUNDRED SEVENTY-SIX HOURS WITHIN ONE CALENDAR YEAR.    5,061        

      (B)  Except as otherwise provided in division (C) of this    5,063        

section, any permanent public employee who is entitled to the      5,064        

leave provided under division (A) of this section and who is       5,065        

called OR ORDERED to military duty THE UNIFORMED SERVICES for a    5,068        

period in excess of twenty-two eight-hour work days or one                      

hundred seventy-six hours in any one calendar year LONGER THAN A   5,069        

MONTH, for each calendar year in which military duty is THE        5,071        

EMPLOYEE performed SERVICE IN THE UNIFORMED SERVICES, because of   5,072        

an executive order issued by the president of the United States    5,073        

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  5,074        

each month of that MONTHLY PAY period OF THAT LEAVE OF ABSENCE,    5,076        

the lesser of the following:                                                    

      (1)  The difference between his THE PERMANENT PUBLIC         5,078        

EMPLOYEE'S gross monthly wage or salary as an officer or           5,080        

PERMANENT PUBLIC employee and the sum of his THE PERMANENT PUBLIC  5,081        

EMPLOYEE'S gross military UNIFORMED pay and allowances received    5,082        

that month;                                                                     

      (2)  Five hundred dollars.                                   5,084        

      (C)  No permanent public employee shall receive payments     5,086        

under division (B) of this section if the sum of his THE           5,087        

PERMANENT PUBLIC EMPLOYEE'S gross military UNIFORMED pay and       5,089        

allowances received in a month PAY PERIOD exceeds his THE          5,090        

EMPLOYEE'S gross monthly wage or salary as a permanent public      5,091        

employee FOR THAT PERIOD or if the permanent public employee is    5,092        

receiving his pay pursuant to UNDER division (A) of this section.  5,093        

      (D)  Any political subdivision of the state, as defined in   5,095        

section 2744.01 of the Revised Code, may elect to pay any of its   5,098        

permanent public employees who are entitled to the leave provided  5,099        

under division (A) of this section and who are called OR ORDERED   5,100        

to military duty THE UNIFORMED SERVICES for a period in excess of  5,102        

twenty-two eight-hour work days or one hundred seventy-six hours   5,103        

                                                          110    

                                                                 
in any one calendar year LONGER THAN ONE MONTH, for each calendar  5,104        

year in which military duty is THE EMPLOYEE performed SERVICE IN   5,105        

THE UNIFORMED SERVICES, because of an executive order issued by    5,106        

the president or an act of congress, such payments, in addition    5,107        

to those payments required by division (B) of this section, as     5,108        

may be authorized by the legislative authority of the political    5,109        

subdivision.                                                       5,110        

      (E)  Each permanent public employee who is entitled to       5,112        

leave provided under division (A) of this section shall submit to  5,113        

his THE PERMANENT PUBLIC EMPLOYEE'S appointing authority the       5,114        

published order authorizing the military duty CALL OR ORDER TO     5,116        

THE UNIFORMED SERVICES or a written statement from the             5,117        

appropriate military commander authorizing such duty THAT          5,118        

SERVICE, prior to being credited with such leave.                  5,121        

      (F)  Any permanent public employee of a political            5,123        

subdivision whose employment is governed by a collective           5,124        

bargaining agreement with provision for military leave THE         5,125        

PERFORMANCE OF SERVICE IN THE UNIFORMED SERVICES shall abide by    5,127        

the terms of that collective bargaining agreement with respect to  5,128        

military leave THE PERFORMANCE OF SUCH SERVICE, EXCEPT THAT NO     5,129        

COLLECTIVE BARGAINING AGREEMENT MAY AFFORD FEWER RIGHTS AND        5,130        

BENEFITS THAN ARE CONFERRED UNDER THIS SECTION.                    5,131        

      Sec. 5923.09.  Each enlisted man MEMBER and each             5,141        

commissioned OR WARRANT officer of the Ohio military reserve       5,143        

shall OR OHIO NAVAL MILITIA, IF FUNDS ARE APPROPRIATED FOR THIS    5,144        

PURPOSE BY THE GENERAL ASSEMBLY, MAY be paid at rates to be        5,145        

prescribed from time to time by the governor as commander in       5,146        

chief ADJUTANT GENERAL but not exceeding one-thirtieth of the      5,147        

monthly base pay of his THE MEMBER'S OR OFFICER'S grade, as is     5,148        

provided for enlisted men MEMBERS or commissioned OR WARRANT       5,150        

officers of the armed forces of the United States UNDER THE        5,151        

DEPARTMENT OF DEFENSE PAY MANUAL, for each authorized regular      5,152        

drill attended, to be paid quarterly MONTHLY.                      5,153        

      Sec. 5923.10.  (A)  If any enlisted man MEMBER in the Ohio   5,164        

                                                          111    

                                                                 
national guard, Ohio naval ORGANIZED militia, or the Ohio          5,165        

military reserve willfully, maliciously, purposely, or through     5,166        

carelessness or neglect, permits any of the arms, equipment, or    5,167        

other property issued to him THE ENLISTED MEMBER belonging to the  5,168        

state or the United States, to become lost, damaged, or            5,170        

destroyed, the commanding officer of his THE ENLISTED MEMBER'S     5,171        

company, troop, battery, detachment, or other organization shall   5,172        

charge the value of the same LOST, DAMAGED, OR DESTROYED ARMS,     5,173        

EQUIPMENT, OR OTHER PROPERTY against any pay due him THE ENLISTED  5,174        

MEMBER under such rules applicable thereto as prescribed by the    5,175        

department of defense or the governor ADJUTANT GENERAL.            5,176        

      All (B)  ALL PROPERTY OF THE UNITED STATES ISSUED TO A UNIT  5,179        

OR MEMBER OF THE OHIO NATIONAL GUARD SHALL BE ACCOUNTED AND        5,180        

RECOUPED FOR AS PROVIDED BY THE REGULATIONS PRESCRIBED BY THE      5,181        

ARMY OR THE AIR FORCE AND THE NATIONAL GUARD BUREAU, AS                         

APPROPRIATE AND AS SUPPLEMENTED BY THE ADJUTANT GENERAL.           5,182        

      (C)  NOTWITHSTANDING ANY CONTRARY PROVISIONS OF CHAPTER      5,184        

2716. OF THE REVISED CODE, ALL allowances and pay provided for     5,187        

officers and enlisted men MEMBERS OF THE OHIO ORGANIZED MILITIA    5,188        

shall be applied SUBJECT to the payment of any shortage of or      5,190        

injury to state or United States property or funds for which such  5,191        

THOSE officers or enlisted men MEMBERS are responsible or          5,192        

accountable.                                                       5,193        

      Sec. 5923.21.  (A)  The OHIO organized militia may be        5,203        

called by the governor by proclamation to aid the civil            5,205        

authorities to do any of the following:                                         

      (1)  Execute the laws of this state;                         5,207        

      (2)  Suppress insurrection;                                  5,209        

      (3)  Repel invasion;                                         5,211        

      (4)  Act in the event of a disaster, as defined in section   5,213        

5502.21 of the Revised Code, within the state;                     5,214        

      (5)  Promote the health, safety, and welfare of the          5,216        

citizens of this state.                                                         

      (B)  In all cases, the organized militia shall be called to  5,218        

                                                          112    

                                                                 
state active duty before the unorganized militia.                  5,219        

      (C)  The governor's proclamation UNDER DIVISION (A) OF THIS  5,221        

SECTION shall specify the statutory basis of the call.             5,222        

      Sec. 5923.28.  The (A)  EXCEPT AS PROVIDED IN DIVISION (B)   5,233        

OF THIS SECTION, THE military laws of this state shall conform to  5,234        

all laws OF and regulations of PROMULGATED BY the United States    5,235        

affecting the same subject and anything to the contrary shall be   5,236        

IS void so long as IF the subject matter has been acted on by the  5,237        

United States ARMY, AIR FORCE, OR NATIONAL GUARD BUREAU.           5,238        

      (B)  All matters relating to the organization, discipline,   5,240        

and government of the military STATE DEFENSE forces, not           5,241        

otherwise provided by the laws of this state or the rules and      5,242        

regulations promulgated thereunder UNDER THOSE LAWS, shall be      5,243        

decided by the custom, regulations, and usage of the armed forces  5,245        

of the United States.                                                           

      Sec. 5924.15.  Under such regulations as the governor may    5,254        

prescribe, and under such additional regulations as may be         5,255        

prescribed by the adjutant general of Ohio, limitations may be     5,256        

placed on the powers granted by this section with respect to the   5,257        

kind and amount of punishment authorized, the categories of                     

commanding officers and warrant officers exercising command        5,258        

authorized to exercise those powers, the applicability of this     5,259        

section to an accused who demands trial by court-martial, and the  5,260        

kinds of courts-martial to which the case may be referred upon     5,261        

such a demand.  However, except in the case of a member attached   5,262        

to, or embarked in a vessel, punishment may not be imposed upon                 

any person subject to this code under this section if such person  5,263        

has, before the imposition of such punishment, demanded trial by   5,264        

court-martial in lieu of such punishment.  Under similar           5,265        

regulations, rules may be prescribed with respect to the           5,266        

suspension of punishments authorized hereunder.  Subject to the                 

foregoing, any commanding officer, and for the purposes of this    5,267        

section the adjutant general of Ohio, may, in addition to or in    5,268        

lieu of admonition or reprimand, impose one or more of the         5,269        

                                                          113    

                                                                 
following disciplinary punishments for minor offenses without the  5,270        

intervention of a court-martial:                                                

      (A)  Upon officers of his THE COMMANDING OFFICER'S command:  5,272        

      (1)  Restriction to certain specified limits, with or        5,274        

without suspension from duty, for not more than thirty             5,275        

consecutive days;                                                               

      (2)  If imposed by the governor, the adjutant general, the   5,277        

commanding officer of a force of the organized militia, or the     5,278        

commanding general of a division;:                                 5,279        

      (a)  Arrest in quarters for not more than thirty             5,281        

consecutive days;                                                               

      (b)  Fine or forfeiture of not more than one-half of one     5,283        

month's pay per month for two months, or the sum of one hundred    5,284        

fifty dollars, whichever is greater;                                            

      (c)  Restriction to certain specified limits, with or        5,286        

without suspension from duty, for not more than sixty consecutive  5,287        

days;                                                                           

      (d)  Detention of not more than one-half of one month's pay  5,289        

per month for three months, or the sum of two hundred twenty-five  5,290        

dollars, whichever is greater;.                                    5,291        

      (B)  Upon other military personnel of his THE COMMANDING     5,293        

OFFICER'S command:                                                 5,294        

      (1)  If imposed upon a person attached to or embarked in a   5,296        

vessel, confinement on bread and water or diminished rations for   5,297        

not more than three consecutive days;                              5,298        

      (2)  Correctional custody for not more than seven            5,300        

consecutive days;                                                               

      (3)  Fine or forfeiture of not more than seven days' pay,    5,302        

or the sum of twenty-five dollars, whichever is greater;           5,303        

      (4)  Reduction to the next inferior pay grade, if the grade  5,305        

from which demoted is within the promotion authority of the        5,306        

officer imposing the reduction or any officer subordinate to the   5,307        

one who imposes the reduction;                                                  

      (5)  Extra duties, including fatigue or other duties, for    5,309        

                                                          114    

                                                                 
not more than fourteen consecutive days;                           5,310        

      (6)  Restriction to certain specified limits, with or        5,312        

without suspension from duty, for not more than fourteen           5,313        

consecutive days;                                                               

      (7)  Detention of not more than fourteen days' pay, or the   5,315        

sum of fifty dollars, whichever is greater;                        5,316        

      (8)  If imposed by an officer of the grade of major or       5,318        

lieutenant commander, or above;.                                   5,320        

      (a)  The punishment authorized under division (B)(1) of      5,322        

this section;                                                                   

      (b)  Correctional custody for not more than thirty           5,324        

consecutive days;                                                               

      (c)  Fine or forfeiture of not more than one-half of one     5,326        

month's pay per month for two months, or the sum of fifty          5,327        

dollars, whichever is greater;                                                  

      (d)  Reduction to the lowest or any intermediate pay grade,  5,329        

if the grade from which demoted is within the promotion authority  5,330        

of the officer imposing the reduction or any officer subordinate   5,331        

to the one who imposes the reduction, but an enlisted member in    5,332        

pay grade above E-4 may not be reduced more than two pay grades;   5,333        

      (e)  Extra duties, including fatigue or other duties, for    5,335        

not more than forty-five consecutive days;                         5,336        

      (f)  Restriction to certain specified limits, with or        5,338        

without suspension from duty, for not more than sixty consecutive  5,339        

days;                                                                           

      (g)  Detention of not more than one-half of one month's pay  5,341        

per month for three months, or the sum of seventy-five dollars,    5,343        

whichever is greater;.                                             5,344        

      Detention of pay shall be for a stated period of not more    5,346        

than one year, but if the offender's term of service expires       5,348        

earlier, the detention shall terminate upon that expiration.  No   5,349        

two or more of the punishments of arrest in quarters, confinement  5,351        

on bread and water or diminished rations, correctional custody,                 

extra duties, and restriction may be combined to run               5,352        

                                                          115    

                                                                 
consecutively in the maximum amount imposable for each.  Whenever  5,353        

any of those punishments are combined to run consecutively, there  5,354        

must be an apportionment.  In addition, forfeiture of pay may not  5,355        

be combined with detention of pay without an apportionment.  For   5,356        

the purposes of this section "correctional custody" is the                      

physical restraint of a person during duty or nonduty hours and    5,357        

may include extra duties, fatigue duties, or hard labor.  If       5,358        

practicable, correctional custody will not be served in immediate  5,359        

association with persons awaiting trial or held in confinement     5,360        

pursuant to trial by court-martial or civilian court.                           

      (C)  An officer in charge may impose upon enlisted members   5,362        

assigned to the unit of which he THE OFFICER is in charge such of  5,364        

the punishments authorized under divisions (B)(1) to (B)(7) of     5,366        

this section, as the governor or adjutant general may                           

specifically prescribe by regulation.                              5,367        

      (D)  The officer who imposes the punishment authorized in    5,369        

divisions (A) or (B) of this section, or his THE OFFICER'S         5,370        

successor in command, may, at any time, suspend probationally any  5,372        

part or amount of the unexecuted punishment imposed and may                     

suspend probationally a reduction in grade or a forfeiture         5,373        

imposed under divisions (A) or (B) of this section, whether or     5,374        

not executed.  In addition, he THE OFFICER WHO IMPOSED THE         5,375        

PUNISHMENT may, at any time, remit or mitigate any part or amount  5,376        

of the unexecuted punishment imposed and may set aside in whole    5,377        

or in part the punishment, whether executed or unexecuted, and     5,378        

restore all rights, privileges, and property affected.  He THE     5,379        

OFFICER WHO IMPOSED THE PUNISHMENT may also mitigate reduction in  5,380        

grade to forfeiture or detention of pay.  When mitigating:         5,381        

      (1)  Arrest in quarters to restriction;                      5,383        

      (2)  Confinement on bread and water or diminished rations    5,385        

to correctional custody;                                           5,386        

      (3)  Correctional custody or confinement on bread and water  5,388        

or diminished rations to extra duties or restriction, or both; or  5,389        

      (4)  Extra duties to restriction;                            5,391        

                                                          116    

                                                                 
the mitigated punishment shall not be for a greater period than    5,393        

the punishment mitigated.  When mitigating forfeiture of pay to    5,394        

detention of pay, the amount of the detention shall not be         5,395        

greater than the amount of the forfeiture.  When mitigating        5,396        

reduction in grade to forfeiture or detention of pay, the amount                

of the forfeiture or detention shall not be greater than the       5,397        

amount that could have been imposed initially under this section   5,398        

by the officer who imposed the punishment mitigated.               5,399        

      (E)  A person punished under this section who considers his  5,401        

THE punishment unjust or disproportionate to the offense may,      5,402        

through the proper channel, appeal to the next superior            5,403        

authority.  The appeal shall be promptly forwarded and decided,    5,404        

but the person punished may in the meantime be required to         5,405        

undergo the punishment adjudged.  The superior authority may                    

exercise the same powers with respect to the punishment imposed    5,406        

as may be exercised under division (D) of this section by the      5,408        

officer who imposed the punishment.  Before acting on an appeal    5,409        

from a punishment of:                                                           

      (1)  Arrest in quarters for more than seven days;            5,411        

      (2)  Correctional custody for more than seven days;          5,413        

      (3)  Forfeiture of more than seven days' pay;                5,415        

      (4)  Reduction of one or more pay grades from the fourth or  5,417        

a higher pay grade;                                                5,418        

      (5)  Extra duties for more than fourteen days;               5,420        

      (6)  Restriction for more than fourteen days; or             5,422        

      (7)  Detention of more than fourteen days' pay;              5,424        

the authority who is to act on the appeal shall refer the case to  5,426        

a judge advocate of the Ohio army national guard or the Ohio air   5,427        

national guard, or a law specialist of the Ohio naval ORGANIZED    5,429        

militia for consideration and advice, and may so refer the case    5,431        

upon appeal from any punishment imposed under divisions (A) or     5,432        

(B) of this section.                                                            

      (F)  The imposition and enforcement of disciplinary          5,434        

punishment under this section for any act or omission is not a     5,435        

                                                          117    

                                                                 
bar to trial by court-martial for a serious crime or offense       5,436        

growing out of the same act or omission, and not properly          5,437        

punishable under this section; but the fact that a disciplinary                 

punishment has been enforced may be shown by the accused upon      5,438        

trial, and when so shown shall be considered in determining the    5,439        

measure of punishment to be adjudged in the event of a finding of  5,440        

guilty.                                                                         

      (G)  The governor or the adjutant general may, by            5,442        

regulation, prescribe the form of records to be kept of            5,443        

proceedings under this section and may also prescribe that         5,444        

certain categories of those proceedings shall be in writing.                    

      (H)  The punishments imposed pursuant to this section,       5,446        

except fine and forfeiture of pay, shall not extend beyond the     5,447        

termination of the duty status of the individual punished.         5,448        

      Section 2.  That existing sections 111.15, 124.11, 141.02,   5,450        

145.01, 145.30, 718.01, 1751.54, 3319.13, 3319.14, 3923.381,       5,451        

3923.382,  4117.01, 4141.01, 4506.02, 4911.04, 5101.312, 5903.01,  5,452        

5903.99, 5911.011, 5911.03, 5911.04, 5911.08, 5913.01, 5913.02,    5,453        

5913.021, 5913.03, 5913.04, 5913.05, 5913.051, 5913.06, 5913.07,   5,454        

5913.08, 5913.09, 5913.10, 5913.17, 5919.01, 5919.02, 5919.04,     5,455        

5919.071, 5919.09, 5919.12, 5919.13, 5919.14, 5919.15, 5919.16,    5,456        

5919.17, 5919.22, 5919.25, 5919.28, 5919.29, 5919.30, 5919.32,                  

5919.33, 5920.10, 5921.09, 5923.01, 5923.02, 5923.03, 5923.05,     5,457        

5923.09, 5923.10, 5923.21, 5923.28, and 5924.15 and sections       5,458        

124.28, 124.29, 5903.02, 5903.03, 5903.04, 5903.05, 5903.09,       5,460        

5913.013, 5913.11, 5917.01, 5917.02, 5917.03, 5917.04, 5917.05,    5,461        

5917.06, 5917.99, 5919.20, 5923.051, and 5923.35 of the Revised                 

Code are hereby repealed.                                          5,462        

      Section 3.  Section 4117.01 of the Revised Code is           5,464        

presented in this act as a composite of the section as amended by  5,465        

both Am. Sub. H.B. 215 and Sub. H.B. 408 of the 122nd General      5,466        

Assembly, with the new language of neither of the acts shown in    5,467        

capital letters.  This is in recognition of the principle stated                

in division (B) of section 1.52 of the Revised Code that such      5,468        

                                                          118    

                                                                 
amendments are to be harmonized where not substantively            5,469        

irreconcilable and constitutes a legislative finding that such is  5,470        

the resulting version in effect prior to the effective date of     5,471        

this act.                                                                       

      Section 4.  (A)  Section 718.01 of the Revised Code is       5,473        

amended by this act and also by Am. Sub. H.B. 215 of the 122nd     5,474        

General Assembly (effective September 29, 1997).  The amendments   5,475        

of Am. Sub. H.B. 215 are included in this act in lower case to     5,476        

confirm the intention to retain them, but are not intended to be                

effective until September 29, 1997.                                5,477        

      (B)  Sections 124.11 and 4117.01 of the Revised Code are     5,479        

amended by this act and also by Sub. H.B. 408 of the 122nd         5,480        

General Assembly (effective October 1, 1997).  The amendments of   5,481        

Sub H.B. 408 are included in this act in lower case to confirm     5,482        

the intention to retain them, but are not intended to be                        

effective until October 1, 1997.                                   5,483        

      Section 5.  This act is hereby declared to be an emergency   5,485        

measure necessary for the immediate preservation of the public     5,486        

peace, health, and safety.  The reason for such necessity is that  5,487        

immediate action is crucial to enable the Adjutant General's       5,488        

Department to capitalize on time-sensitive federal actions                      

scheduled for September 30, 1997.  Therefore, this act shall go    5,489        

into immediate effect.                                             5,490