REPRESENTATIVES Ujvagi, McGregor, Harwood, Book, Perry, Price, Carano, Strahorn, Skindell, Brown, DeGeeter, Collier, Miller, Reidelbach, Mason, Domenick, Sferra, D. Stewart, S. Patton, Allen, Woodard, Distel, Hartnett, Redfern, Barrett, S. Smith, Driehaus, Wilson, Key, DeBose, Yates, Jerse, Schaffer, Seaver, Cirelli, Otterman, Wolpert, Beatty, Hoops, Koziura, Kearns, Olman, C. Evans, Sykes, Flowers, Latta, Fessler, Daniels, Hollister, Cates, Trakas, Clancy, Aslanides, Calvert, Combs, D. Evans, Gilb, Grendell, Hagan, Hughes, Kilbane, Niehaus, Oelslager, T. Patton, Peterson, Schlichter, Schmidt, Setzer, Slaby, J. Stewart, Taylor, Webster, Widener, Widowfield, Willamowski

To amend sections 125.021, 1317.06, 1317.061,

1

3313.64, 4933.12, and 4933.121 and to enact

2

sections 317.322, 1349.02, 1349.03, 1713.60,

3

1923.062, 3332.20, 3345.53, and 3915.053 of the

4

Revised Code to prohibit a retail seller in a

5

retail installment contract from charging or

6

collecting more than a six per cent annual

7

percentage rate on contracts with retail buyers

8

who are deployed on active duty; to permit a child

9

whose parent is deployed on active duty to

10

continue to attend school in the district in which

11

the child's parent lived before being called to

12

active military duty; to permit a child living

13

with an agent of the child's parent appointed

14

under a military power of attorney or a comparable

15

document to attend school in the school district

16

in which the agent resides; to exempt members of

17

the armed forces of the United States from any

18

recording fee associated with filing a military

19

power of attorney with the county recorder; to

20

provide under certain circumstances a tenant or

21

resident who is deployed on active duty or a

22

member of his or her immediate family with a stay

23

of proceedings or an adjustment of their rental

24

obligation in an action for possession of

25

residential premises under the Eviction Law; to

26

ensure that individual life insurance policies

27

continue in force despite nonpayment of premiums

28

during the insured's period of active duty; to

29

prohibit a gas or electric company from

30

disconnecting service to the residential premises

31

of any consumer who is deployed on active duty; to

32

allow gas and electric companies to recover

33

arrearages incurred during a period of deployment

34

in a specified time period and a specified manner

35

and certain of those companies to recover certain

36

uncollectible amounts owed by residential

37

customers deployed on active duty through a

38

recovery procedure approved by the Public

39

Utilities Commission; to require public and

40

private institutions of higher education to grant

41

a military leave of absence to students who are

42

deployed on active duty, to reinstate those

43

students to the same educational status as before

44

active duty, and to either partially refund paid

45

tuition or credit paid tuition to a future

46

academic term; to permit a person deployed on

47

active duty to terminate a motor vehicle lease or

48

cellular phone contract under specified

49

conditions; and to require the Department of

50

Administrative Services to make available bulk

51

long distance telephone services at cost to the

52

immediate family members of persons deployed on

53

active duty.

54

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

Section 1. That sections 125.021, 1317.06, 1317.061, 3313.64,	55
4933.12, and 4933.121 be amended and sections 317.322, 1349.02,	56
1349.03, 1713.60, 1923.062, 3332.20, 3345.53, and 3915.053 of the	57
Revised Code be enacted to read as follows:	58

Sec. 125.021. (A) Except as to the military department, the	59
general assembly, the bureau of workers' compensation, and	60
institutions administered by boards of trustees, the department of	61
administrative services may make contractscontract for, operate,	62
and superintend the telephone, other telecommunication, and	63
computer services for state agencies. Nothing	64

Nothing in this sectiondivision precludes the bureau from	65
entering into a contractcontracting with the department of	66
administrative services forto authorize the department to make	67
contractscontract for, operate, or superintend such systemsthose	68
services for the bureau.	69

(B)(1) As used in this division:

70

(a) "Active duty" means active duty pursuant to an executive	71
order of the president of the United States, an act of the	72
congress of the United States, or section 5919.29 or 5923.21 of	73
the Revised Code.	74

(b) "Immediate family" means a person's spouse residing in	75
the person's household, brothers and sisters of the whole or of	76
the half blood, children, including adopted children and	77
stepchildren, parents, and grandparents.	78

(2) The department of administrative services shall enter	79
into a contract to purchase bulk long distance telephone services	80
and make them available at cost, or shall make bulk long distance	81
telephone services available at cost under any existing contract	82
the department has entered into, to members of the immediate	83
family of persons deployed on active duty so that those family	84
members can communicate with the persons so deployed. The	85
department shall enter contracts under division (B)(2) of this	86
section in accordance with sections 125.01 to 125.11 of the	87
Revised Code and in a nondiscriminatory manner that does not place	88
any potential vendor at a competitive disadvantage.	89

(3) The department shall adopt, and may amend, rules under	90
Chapter 119. of the Revised Code to implement division (B) of this	91
section.	92

Sec. 317.322. Notwithstanding any contrary provision of	93
section 317.32 or Chapter 1337. of the Revised Code, the county	94
recorder shall not charge a fee to any member of the armed forces	95
of the United States who presents for recording a military power	96
of attorney executed pursuant to section 574(a) of the "National	97
Defense Authorization Act for Fiscal Year 1994," 107 Stat. 1674	98
(1993), 10 U.S.C. 1044b.	99

Sec. 1317.06.  (A) ASubject to division (D) of this section,	100
a retail seller at the time of making any retail installment sale	101
may charge and contract for the payment of a finance charge by the	102
retail buyer and collect and receive the same, which shall not	103
exceed the greater of the following:	104

(1) A base finance charge at the rate of eight dollars per	105
one hundred dollars per year on the principal balance of the	106
retail installment contract. On retail installment contracts	107
providing for principal balances less than, nor not in multiples	108
of one hundred dollars, or for installment payments extending for	109
a period less than or greater than one year, saidthat finance	110
charge shall be computed proportionately. In addition to the base	111
finance charge, the retail seller may charge and contract for a	112
service charge of fifty cents per month for the first fifty dollar	113
unit or fraction thereof, of the principal balance for each month	114
of the term of the installment contract; and an additional service	115
charge of twenty-five cents per month for each of the next five	116
fifty dollar units or fraction thereof, of the principal balance	117
for each month of the term of the installment contract. This	118
paragraph applies only to retail installment contracts with a	119
principal balance of seven hundred dollars or less.	120

(2) A pre-computed base finance charge not in excess of the	121
amount obtained by applying the rate of one and one-half per cent	122
per month to the unpaid portion of the unpaid principal balance	123
determined to be outstanding from time to time according to the	124
terms and schedule of payments of the retail installment contract	125
executed in connection with such retail installment sale.	126

Such base finance charge and service charges may be computed	127
on a basis of a full month for any fractional period in excess of	128
ten days. For a fractional period of a month not in excess of ten	129
days, there shall be no base finance charge or service charge.	130

Sections 1317.01 to 1317.11 of the Revised Code do not apply	131
to any sale in which the base finance and service charge does not	132
exceed the sum of fifteen dollars.	133

(B) Every retail seller may, at the time of making any retail	134
installment sale, contract for the payment by the retail buyer of	135
lawful delinquent charges as follows:	136

(1) No charges shall be made for delinquent payments less	137
than ten days late.	138

(2) Five cents for each dollar for a delinquent payment that	139
is more than ten days late may be charged, but in no event shall a	140
delinquent charge for any one installment exceed three dollars.	141

A provision for the payment of interest on any installment	142
not paid in full on or before its scheduled due date at a rate not	143
to exceed one and one-half per cent interest per month is not a	144
delinquent charge and is expressly authorized.	145

(C) No retail installment contract arising out of a consumer	146
transaction and requiring the payment of the charges authorized by	147
this section shall be executed unless the combined total of the	148
cash price and all finance charges and service charges is required	149
to be paid according to a schedule of substantially equal	150
consecutive installments, except where the contract contains a	151
provision allowing the buyer to refinance the contract under terms	152
no less favorable than those of the original contract after making	153
the refund credit required by section 1317.09 of the Revised Code.	154
No seller shall, pursuant to any provision in a retail installment	155
contract arising out of a consumer transaction, accelerate any	156
payments on account of a default in the making of an installment	157
payment that has not continued for at least thirty days. Division	158
(C) of this sectionThis division does not apply to the extent	159
that the payment schedule is adjusted to the seasonal or irregular	160
income of the buyer.	161

(D) A retail seller in connection with a retail installment	162
contract entered into on and after the effective date of this	163
amendment shall not charge or collect from a retail buyer who is	164
deployed on active duty interest or finance charges exceeding an	165
annual percentage rate of six per cent during the period that the	166
retail buyer is deployed on active duty.	167

In order for a retail installment contract to be subject to	168
the interest rate limitation of this division, the retail buyer	169
shall provide the retail seller with written notice of and a copy	170
of the military or gubernatorial orders calling the retail buyer	171
to active duty and of any orders further extending active duty,	172
not later than one hundred eighty days after the date of the	173
retail buyer's termination of or release from active duty.	174

As used in this section, "active duty" means active duty	175
pursuant to an executive order of the president of the United	176
States, an act of the congress of the United States, or section	177
5919.29 or 5923.21 of the Revised Code.	178

Sec. 1317.061. As(A) Subject to division (B) of this	179
section, as an alternative to the finance charges permitted in	180
division (A) of section 1317.06 of the Revised Code or the	181
interest permitted in division (B) of that section, and to the	182
finance charges permitted in division (B) of section 1317.11 of	183
the Revised Code, a retail seller or holder may contract for and	184
receive finance charges or interest at any rate or rates agreed	185
upon or consented to by the parties to the retail installment	186
contract or revolving budget agreement, but not exceeding an	187
annual percentage rate of twenty-five per cent.	188

(B) A retail seller in connection with a retail installment	189
contract entered into on and after the effective date of this	190
amendment shall not charge or collect from a retail buyer who is	191
deployed on active duty interest or finance charges exceeding an	192
annual percentage rate of six per cent during the period that the	193
retail buyer is deployed on active duty.	194

In order for a retail installment contract to be subject to	195
the interest rate limitation of this division, the retail buyer	196
shall provide the retail seller with written notice of and a copy	197
of the military or gubernatorial orders calling the retail buyer	198
to active duty and of any orders further extending active duty,	199
not later than one hundred eighty days after the date of the	200
retail buyer's termination of or release from active duty.	201

As used in this section, "active duty" means active duty	202
pursuant to an executive order of the president of the United	203
States, an act of the congress of the United States, or section	204
5919.29 or 5923.21 of the Revised Code.	205

Sec. 1349.02.  (A) As used in this section:

206

(1) "Active duty" means active duty pursuant to an executive	207
order of the president of the United States, an act of the	208
congress of the United States, or section 5919.29 or 5923.21 of	209
the Revised Code.	210

(2) "Lending institution" has the same meaning as in section	211
175.01 of the Revised Code.	212

(3) "Motor vehicle" means any automobile, car minivan,	213
passenger van, sport utility vehicle, pickup truck, or other	214
self-propelled vehicle not operated or driven on fixed rails or	215
track.	216

(B) Any person, or spouse of a person, who is deployed on	217
active duty may terminate any motor vehicle lease that meets both	218
of the following requirements:	219

(1) It is entered into on or after the effective date of this	220
section.	221

(2) It is executed by or on behalf of the person who is	222
deployed on active duty.	223

(C) Termination of the motor vehicle lease shall not be	224
effective until:	225

(1) Fifteen days after the person who is deployed on active	226
duty or the person's spouse gives notice by certified mail, return	227
receipt requested, of the intention to terminate the lease; and	228

(2) The motor vehicle subject to the lease is returned to the	229
custody or control of the lessor.	230

Sec. 1349.03. (A) As used in this section, "active duty"	231
means active duty pursuant to an executive order of the president	232
of the United States, an act of the congress of the United States,	233
or section 5919.29 or 5923.21 of the Revised Code.	234

(B) Any person, or spouse of a person, who is deployed on	235
active duty may terminate, without penalty, a cellular phone	236
contract that meets both of the following requirements:	237

(1) It is entered into on or after the effective date of this	238
section.	239

(2) It is executed by or on behalf of the person who is	240
deployed on active duty.	241

(C) Termination of the cellular phone contract shall not be	242
effective until:	243

(1) Thirty days after the person who is deployed on active	244
duty or the person's spouse gives notice by certified mail, return	245
receipt requested, of the intention to terminate the cellular	246
phone contract; and	247

(2) Unless the person who is deployed on active duty owns the	248
cellular phone, the cellular phone is returned to the custody or	249
control of the cellular telephone company, or the person who is	250
deployed on active duty or the person's spouse agrees in writing	251
to return the cellular phone as soon as practicable after the	252
deployment is completed.	253

Sec. 1713.60. As used in this section, "active duty" means	254
full-time duty in the active military service of the United	255
States, including full-time training duty, annual training duty,	256
and active state duty for members of the national guard.	257

(A) Each institution of higher education that holds a	258
certificate of authorization issued under this chapter shall grant	259
a student a military leave of absence from the institution while	260
the student is serving on active duty, and for one year after the	261
conclusion of that service, if the student is a member of the	262
United States national guard or other reserve component of the	263
armed forces of the United States, or a member of those armed	264
forces in a retired status, and is called to active duty. The	265
student shall not suffer an academic penalty as a result of the	266
leave of absence.	267

(B) If requested by a student granted a military leave of	268
absence pursuant to division (A) of this section not later than	269
one year after the student's release from active duty, the	270
institution in which the student is enrolled shall do either of	271
the following, as elected by the student:	272

(1) Credit tuition and fee charges toward a subsequent	273
academic term in an amount that is one hundred per cent of what	274
the student paid the institution for the academic term in which	275
the student withdraws;	276

(2) Refund tuition and fees paid for the academic term,	277
provided the student withdraws before the withdraw date	278
established by the institution. The refund shall equal one hundred	279
per cent of the tuition and fee charges the student paid the	280
institution for the academic term. If the student withdraws after	281
the withdraw date established by the institution, the student is	282
ineligible for a refund of tuition and fee charges. For the	283
purposes of this section, the "withdraw date" shall be the same as	284
the date set by the institution for its general student population	285
to withdraw from the institution or a course or class without	286
academic penalty.	287

(C) If requested by a student granted a military leave of	288
absence pursuant to division (A) of this section not later than	289
one year after the student's release from active duty, the	290
institution shall restore the student to the educational status	291
the student had attained prior to being called to active duty	292
without loss of academic credits earned, scholarships or grants	293
awarded, or tuition and other fees paid prior to the commencement	294
of active duty, except as provided in division (B) of this	295
section.	296

(D) If an institution fails to comply with this section, the	297
student may bring an action against the institution to enforce its	298
provisions in the court of common pleas of the county in which the	299
student resides. If the student resides outside of this state, the	300
action shall be brought in the court of common pleas of the county	301
in which the campus of the institution previously attended by the	302
student is located. The court may award reasonable attorney's fees	303
and expenses if the student prevails in the action.	304

Sec. 1923.062.  (A) In an action under this chapter for	305
possession of residential premises of a tenant or manufactured	306
home park resident who is deployed on active duty or of any member	307
of the tenant's or resident's immediate family, if the tenant or	308
resident entered into the rental agreement on or after the	309
effective date of this section, the court may, on its own motion,	310
and shall, upon motion made by or on behalf of the tenant or	311
resident, do either of the following if the tenant's or resident's	312
ability to pay the agreed rent is materially affected by the	313
deployment on active duty:	314

(1) Stay the proceedings for a period of ninety days, unless,	315
in the opinion of the court, justice and equity require a longer	316
or shorter period of time;	317

(2) Adjust the obligation under the rental agreement to	318
preserve the interest of all parties to it.	319

(B) If a stay is granted under division (A) of this section,	320
the court may grant the landlord or park operator such relief as	321
equity may require.	322

(C) This section does not apply to landlords or park	323
operators operating less than four residential premises.	324

(D) As used in this section, "active duty" means active duty	325
pursuant to an executive order of the president of the United	326
States, an act of the congress of the United States, or section	327
5919.29 or 5923.21 of the Revised Code.	328

Sec. 3313.64.  (A) As used in this section and in section	329
3313.65 of the Revised Code:	330

(1)(a) Except as provided in division (A)(1)(b) of this	331
section, "parent" means either parent, unless the parents are	332
separated or divorced or their marriage has been dissolved or	333
annulled, in which case "parent" means the parent who is the	334
residential parent and legal custodian of the child. When a child	335
is in the legal custody of a government agency or a person other	336
than the child's natural or adoptive parent, "parent" means the	337
parent with residual parental rights, privileges, and	338
responsibilities. When a child is in the permanent custody of a	339
government agency or a person other than the child's natural or	340
adoptive parent, "parent" means the parent who was divested of	341
parental rights and responsibilities for the care of the child and	342
the right to have the child live with the parent and be the legal	343
custodian of the child and all residual parental rights,	344
privileges, and responsibilities.	345

(b) When a child is the subject of a power of attorney	346
executed under sections 3109.51 to 3109.62 of the Revised Code,	347
"parent" means the grandparent designated as attorney in fact	348
under the power of attorney. When a child is the subject of a	349
caretaker authorization affidavit executed under sections 3109.64	350
to 3109.73 of the Revised Code, "parent" means the grandparent	351
that executed the affidavit.	352

(2) "Legal custody," "permanent custody," and "residual	353
parental rights, privileges, and responsibilities" have the same	354
meanings as in section 2151.011 of the Revised Code.	355

(3) "School district" or "district" means a city, local, or	356
exempted village school district and excludes any school operated	357
in an institution maintained by the department of youth services.	358

(4) Except as used in division (C)(2) of this section, "home"	359
means a home, institution, foster home, group home, or other	360
residential facility in this state that receives and cares for	361
children, to which any of the following applies:	362

(a) The home is licensed, certified, or approved for such	363
purpose by the state or is maintained by the department of youth	364
services.	365

(b) The home is operated by a person who is licensed,	366
certified, or approved by the state to operate the home for such	367
purpose.	368

(c) The home accepted the child through a placement by a	369
person licensed, certified, or approved to place a child in such a	370
home by the state.	371

(d) The home is a children's home created under section	372
5153.21 or 5153.36 of the Revised Code.	373

(5) "Agency" means all of the following:

374

(a) A public children services agency;

375

(b) An organization that holds a certificate issued by the	376
Ohio department of job and family services in accordance with the	377
requirements of section 5103.03 of the Revised Code and assumes	378
temporary or permanent custody of children through commitment,	379
agreement, or surrender, and places children in family homes for	380
the purpose of adoption;	381

(c) Comparable agencies of other states or countries that	382
have complied with applicable requirements of section 2151.39, or	383
sections 5103.20 to 5103.28 of the Revised Code.	384

(6) A child is placed for adoption if either of the following	385
occurs:	386

(a) An agency to which the child has been permanently	387
committed or surrendered enters into an agreement with a person	388
pursuant to section 5103.16 of the Revised Code for the care and	389
adoption of the child.	390

(b) The child's natural parent places the child pursuant to	391
section 5103.16 of the Revised Code with a person who will care	392
for and adopt the child.	393

(7) "Handicapped preschool child" means a handicapped child,	394
as defined by division (A) of section 3323.01 of the Revised Code,	395
who is at least three years of age but is not of compulsory school	396
age, as defined in section 3321.01 of the Revised Code, and who is	397
not currently enrolled in kindergarten.	398

(8) "Child," unless otherwise indicated, includes handicapped	399
preschool children.	400

(9) "Active duty" means active duty pursuant to an executive	401
order of the president of the United States, an act of the	402
congress of the United States, or section 5919.29 or 5923.21 of	403
the Revised Code.	404

(B) Except as otherwise provided in section 3321.01 of the	405
Revised Code for admittance to kindergarten and first grade, a	406
child who is at least five but under twenty-two years of age and	407
any handicapped preschool child shall be admitted to school as	408
provided in this division.	409

(1) A child shall be admitted to the schools of the school	410
district in which the child's parent resides.	411

(2) A child who does not reside in the district where the	412
child's parent resides shall be admitted to the schools of the	413
district in which the child resides if any of the following	414
applies:	415

(a) The child is in the legal or permanent custody of a	416
government agency or a person other than the child's natural or	417
adoptive parent.	418

(b) The child resides in a home.

419

(c) The child requires special education.

420

(3) A child who is not entitled under division (B)(2) of this	421
section to be admitted to the schools of the district where the	422
child resides and who is residing with a resident of this state	423
with whom the child has been placed for adoption shall be admitted	424
to the schools of the district where the child resides unless	425
either of the following applies:	426

(a) The placement for adoption has been terminated.

427

(b) Another school district is required to admit the child	428
under division (B)(1) of this section.	429

Division (B) of this section does not prohibit the board of	430
education of a school district from placing a handicapped child	431
who resides in the district in a special education program outside	432
of the district or its schools in compliance with Chapter 3323. of	433
the Revised Code.	434

(C) A district shall not charge tuition for children admitted	435
under division (B)(1) or (3) of this section. If the district	436
admits a child under division (B)(2) of this section, tuition	437
shall be paid to the district that admits the child as follows:	438

(1) If the child receives special education in accordance	439
with Chapter 3323. of the Revised Code, tuition shall be paid in	440
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	441
the Revised Code regardless of who has custody of the child or	442
whether the child resides in a home.	443

(2) Except as otherwise provided in division (C)(2)(d) of	444
this section, if the child is in the permanent or legal custody of	445
a government agency or person other than the child's parent,	446
tuition shall be paid by:	447

(a) The district in which the child's parent resided at the	448
time the court removed the child from home or at the time the	449
court vested legal or permanent custody of the child in the person	450
or government agency, whichever occurred first;	451

(b) If the parent's residence at the time the court removed	452
the child from home or placed the child in the legal or permanent	453
custody of the person or government agency is unknown, tuition	454
shall be paid by the district in which the child resided at the	455
time the child was removed from home or placed in legal or	456
permanent custody, whichever occurred first;	457

(c) If a school district cannot be established under division	458
(C)(2)(a) or (b) of this section, tuition shall be paid by the	459
district determined as required by section 2151.357 of the Revised	460
Code by the court at the time it vests custody of the child in the	461
person or government agency;	462

(d) If at the time the court removed the child from home or	463
vested legal or permanent custody of the child in the person or	464
government agency, whichever occurred first, one parent was in a	465
residential or correctional facility or a juvenile residential	466
placement and the other parent, if living and not in such a	467
facility or placement, was not known to reside in this state,	468
tuition shall be paid by the district determined under division	469
(D) of section 3313.65 of the Revised Code as the district	470
required to pay any tuition while the parent was in such facility	471
or placement.	472

(3) If the child is not in the permanent or legal custody of	473
a government agency or person other than the child's parent and	474
the child resides in a home, tuition shall be paid by one of the	475
following:	476

(a) The school district in which the child's parent resides;

477

(b) If the child's parent is not a resident of this state,	478
the home in which the child resides.	479

(D) Tuition required to be paid under divisions (C)(2) and	480
(3)(a) of this section shall be computed in accordance with	481
section 3317.08 of the Revised Code. Tuition required to be paid	482
under division (C)(3)(b) of this section shall be computed in	483
accordance with section 3317.081 of the Revised Code. If a home	484
fails to pay the tuition required by division (C)(3)(b) of this	485
section, the board of education providing the education may	486
recover in a civil action the tuition and the expenses incurred in	487
prosecuting the action, including court costs and reasonable	488
attorney's fees. If the prosecuting attorney or city director of	489
law represents the board in such action, costs and reasonable	490
attorney's fees awarded by the court, based upon the prosecuting	491
attorney's, director's, or one of their designee's time spent	492
preparing and presenting the case, shall be deposited in the	493
county or city general fund.	494

(E) A board of education may enroll a child free of any	495
tuition obligation for a period not to exceed sixty days, on the	496
sworn statement of an adult resident of the district that the	497
resident has initiated legal proceedings for custody of the child.	498

(F) In the case of any individual entitled to attend school	499
under this division, no tuition shall be charged by the school	500
district of attendance and no other school district shall be	501
required to pay tuition for the individual's attendance.	502
Notwithstanding division (B), (C), or (E) of this section:	503

(1) All persons at least eighteen but under twenty-two years	504
of age who live apart from their parents, support themselves by	505
their own labor, and have not successfully completed the high	506
school curriculum or the individualized education program	507
developed for the person by the high school pursuant to section	508
3323.08 of the Revised Code, are entitled to attend school in the	509
district in which they reside.	510

(2) Any child under eighteen years of age who is married is	511
entitled to attend school in the child's district of residence.	512

(3) A child is entitled to attend school in the district in	513
which either of the child's parents is employed if the child has a	514
medical condition that may require emergency medical attention.	515
The parent of a child entitled to attend school under division	516
(F)(3) of this section shall submit to the board of education of	517
the district in which the parent is employed a statement from the	518
child's physician certifying that the child's medical condition	519
may require emergency medical attention. The statement shall be	520
supported by such other evidence as the board may require.	521

(4) Any child residing with a person other than the child's	522
parent is entitled, for a period not to exceed twelve months, to	523
attend school in the district in which that person resides if the	524
child's parent files an affidavit with the superintendent of the	525
district in which the person with whom the child is living resides	526
stating all of the following:	527

(a) That the parent is serving outside of the state in the	528
armed services of the United States;	529

(b) That the parent intends to reside in the district upon	530
returning to this state;	531

(c) The name and address of the person with whom the child is	532
living while the parent is outside the state.	533

(5) Any child under the age of twenty-two years who, after	534
the death of a parent, resides in a school district other than the	535
district in which the child attended school at the time of the	536
parent's death is entitled to continue to attend school in the	537
district in which the child attended school at the time of the	538
parent's death for the remainder of the school year, subject to	539
approval of that district board.	540

(6) A child under the age of twenty-two years who resides	541
with a parent who is having a new house built in a school district	542
outside the district where the parent is residing is entitled to	543
attend school for a period of time in the district where the new	544
house is being built. In order to be entitled to such attendance,	545
the parent shall provide the district superintendent with the	546
following:	547

(a) A sworn statement explaining the situation, revealing the	548
location of the house being built, and stating the parent's	549
intention to reside there upon its completion;	550

(b) A statement from the builder confirming that a new house	551
is being built for the parent and that the house is at the	552
location indicated in the parent's statement.	553

(7) A child under the age of twenty-two years residing with a	554
parent who has a contract to purchase a house in a school district	555
outside the district where the parent is residing and who is	556
waiting upon the date of closing of the mortgage loan for the	557
purchase of such house is entitled to attend school for a period	558
of time in the district where the house is being purchased. In	559
order to be entitled to such attendance, the parent shall provide	560
the district superintendent with the following:	561

(a) A sworn statement explaining the situation, revealing the	562
location of the house being purchased, and stating the parent's	563
intent to reside there;	564

(b) A statement from a real estate broker or bank officer	565
confirming that the parent has a contract to purchase the house,	566
that the parent is waiting upon the date of closing of the	567
mortgage loan, and that the house is at the location indicated in	568
the parent's statement.	569

The district superintendent shall establish a period of time	570
not to exceed ninety days during which the child entitled to	571
attend school under division (F)(6) or (7) of this section may	572
attend without tuition obligation. A student attending a school	573
under division (F)(6) or (7) of this section shall be eligible to	574
participate in interscholastic athletics under the auspices of	575
that school, provided the board of education of the school	576
district where the student's parent resides, by a formal action,	577
releases the student to participate in interscholastic athletics	578
at the school where the student is attending, and provided the	579
student receives any authorization required by a public agency or	580
private organization of which the school district is a member	581
exercising authority over interscholastic sports.	582

(8) A child whose parent is a full-time employee of a city,	583
local, or exempted village school district, or of an educational	584
service center, may be admitted to the schools of the district	585
where the child's parent is employed, or in the case of a child	586
whose parent is employed by an educational service center, in the	587
district that serves the location where the parent's job is	588
primarily located, provided the district board of education	589
establishes such an admission policy by resolution adopted by a	590
majority of its members. Any such policy shall take effect on the	591
first day of the school year and the effective date of any	592
amendment or repeal may not be prior to the first day of the	593
subsequent school year. The policy shall be uniformly applied to	594
all such children and shall provide for the admission of any such	595
child upon request of the parent. No child may be admitted under	596
this policy after the first day of classes of any school year.	597

(9) A child who is with the child's parent under the care of	598
a shelter for victims of domestic violence, as defined in section	599
3113.33 of the Revised Code, is entitled to attend school free in	600
the district in which the child is with the child's parent, and no	601
other school district shall be required to pay tuition for the	602
child's attendance in that school district.	603

The enrollment of a child in a school district under this	604
division shall not be denied due to a delay in the school	605
district's receipt of any records required under section 3313.672	606
of the Revised Code or any other records required for enrollment.	607
Any days of attendance and any credits earned by a child while	608
enrolled in a school district under this division shall be	609
transferred to and accepted by any school district in which the	610
child subsequently enrolls. The state board of education shall	611
adopt rules to ensure compliance with this division.	612

(10) Any child under the age of twenty-two years whose parent	613
has moved out of the school district after the commencement of	614
classes in the child's senior year of high school is entitled,	615
subject to the approval of that district board, to attend school	616
in the district in which the child attended school at the time of	617
the parental move for the remainder of the school year and for one	618
additional semester or equivalent term. A district board may also	619
adopt a policy specifying extenuating circumstances under which a	620
student may continue to attend school under division (F)(10) of	621
this section for an additional period of time in order to	622
successfully complete the high school curriculum for the	623
individualized education program developed for the student by the	624
high school pursuant to section 3323.08 of the Revised Code.	625

(11) As used in this division, "grandparent" means a parent	626
of a parent of a child. A child under the age of twenty-two years	627
who is in the custody of the child's parent, resides with a	628
grandparent, and does not require special education is entitled to	629
attend the schools of the district in which the child's	630
grandparent resides, provided that, prior to such attendance in	631
any school year, the board of education of the school district in	632
which the child's grandparent resides and the board of education	633
of the school district in which the child's parent resides enter	634
into a written agreement specifying that good cause exists for	635
such attendance, describing the nature of this good cause, and	636
consenting to such attendance.	637

In lieu of a consent form signed by a parent, a board of	638
education may request the grandparent of a child attending school	639
in the district in which the grandparent resides pursuant to	640
division (F)(11) of this section to complete any consent form	641
required by the district, including any authorization required by	642
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	643
Upon request, the grandparent shall complete any consent form	644
required by the district. A school district shall not incur any	645
liability solely because of its receipt of a consent form from a	646
grandparent in lieu of a parent.	647

Division (F)(11) of this section does not create, and shall	648
not be construed as creating, a new cause of action or substantive	649
legal right against a school district, a member of a board of	650
education, or an employee of a school district. This section does	651
not affect, and shall not be construed as affecting, any	652
immunities from defenses to tort liability created or recognized	653
by Chapter 2744. of the Revised Code for a school district,	654
member, or employee.	655

(12) A child under the age of twenty-two years is entitled to	656
attend school in a school district other than the district in	657
which the child is entitled to attend school under division (B),	658
(C), or (E) of this section provided that, prior to such	659
attendance in any school year, both of the following occur:	660

(a) The superintendent of the district in which the child is	661
entitled to attend school under division (B), (C), or (E) of this	662
section contacts the superintendent of another district for	663
purposes of this division;	664

(b) The superintendents of both districts enter into a	665
written agreement that consents to the attendance and specifies	666
that the purpose of such attendance is to protect the student's	667
physical or mental well-being or to deal with other extenuating	668
circumstances deemed appropriate by the superintendents.	669

While an agreement is in effect under this division for a	670
student who is not receiving special education under Chapter 3323.	671
of the Revised Code and notwithstanding Chapter 3327. of the	672
Revised Code, the board of education of neither school district	673
involved in the agreement is required to provide transportation	674
for the student to and from the school where the student attends.	675

A student attending a school of a district pursuant to this	676
division shall be allowed to participate in all student	677
activities, including interscholastic athletics, at the school	678
where the student is attending on the same basis as any student	679
who has always attended the schools of that district while of	680
compulsory school age.	681

(13) All school districts shall comply with the	682
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	683
seq., for the education of homeless children. Each city, local,	684
and exempted village school district shall comply with the	685
requirements of that act governing the provision of a free,	686
appropriate public education, including public preschool, to each	687
homeless child.	688

When a child loses permanent housing and becomes a homeless	689
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	690
such a homeless person changes temporary living arrangements, the	691
child's parent or guardian shall have the option of enrolling the	692
child in either of the following:	693

(a) The child's school of origin, as defined in 42 U.S.C.A.	694
11432(g)(3)(C);	695

(b) The school that is operated by the school district in	696
which the shelter where the child currently resides is located and	697
that serves the geographic area in which the shelter is located.	698

(14) A child under the age of twenty-two years who resides	699
with a person other than the child's parent is entitled to attend	700
school in the school district in which that person resides if both	701
of the following apply:	702

(a) That person has been appointed, through a military power	703
of attorney executed under section 574(a) of the "National Defense	704
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	705
U.S.C. 1044b, or through a comparable document necessary to	706
complete a family care plan, as the parent's agent for the care,	707
custody, and control of the child while the parent is on active	708
duty as a member of the national guard or a reserve unit of the	709
armed forces of the United States or because the parent is a	710
member of the armed forces of the United States and is on a duty	711
assignment away from the parent's residence.	712

(b) The military power of attorney or comparable document	713
includes at least the authority to enroll the child in school.	714

The entitlement to attend school in the district in which the	715
parent's agent under the military power of attorney or comparable	716
document resides applies until the end of the school year in which	717
the military power of attorney or comparable document expires.	718

(G) A board of education, after approving admission, may	719
waive tuition for students who will temporarily reside in the	720
district and who are either of the following:	721

(1) Residents or domiciliaries of a foreign nation who	722
request admission as foreign exchange students;	723

(2) Residents or domiciliaries of the United States but not	724
of Ohio who request admission as participants in an exchange	725
program operated by a student exchange organization.	726

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	727
3327.04, and 3327.06 of the Revised Code, a child may attend	728
school or participate in a special education program in a school	729
district other than in the district where the child is entitled to	730
attend school under division (B) of this section.	731

(I)(1) Notwithstanding anything to the contrary in this	732
section or section 3313.65 of the Revised Code, a child under	733
twenty-two years of age may attend school in the school district	734
in which the child, at the end of the first full week of October	735
of the school year, was entitled to attend school as otherwise	736
provided under this section or section 3313.65 of the Revised	737
Code, if at that time the child was enrolled in the schools of the	738
district but since that time the child or the child's parent has	739
relocated to a new address located outside of that school district	740
and within the same county as the child's or parent's address	741
immediately prior to the relocation. The child may continue to	742
attend school in the district, and at the school to which the	743
child was assigned at the end of the first full week of October of	744
the current school year, for the balance of the school year.	745
Division (I)(1) of this section applies only if both of the	746
following conditions are satisfied:	747

(a) The board of education of the school district in which	748
the child was entitled to attend school at the end of the first	749
full week in October and of the district to which the child or	750
child's parent has relocated each has adopted a policy to enroll	751
children described in division (I)(1) of this section.	752

(b) The child's parent provides written notification of the	753
relocation outside of the school district to the superintendent of	754
each of the two school districts.	755

(2) At the beginning of the school year following the school	756
year in which the child or the child's parent relocated outside of	757
the school district as described in division (I)(1) of this	758
section, the child is not entitled to attend school in the school	759
district under that division.	760

(3) Any person or entity owing tuition to the school district	761
on behalf of the child at the end of the first full week in	762
October, as provided in division (C) of this section, shall	763
continue to owe such tuition to the district for the child's	764
attendance under division (I)(1) of this section for the lesser of	765
the balance of the school year or the balance of the time that the	766
child attends school in the district under division (I)(1) of this	767
section.	768

(4) A pupil who may attend school in the district under	769
division (I)(1) of this section shall be entitled to	770
transportation services pursuant to an agreement between the	771
district and the district in which the child or child's parent has	772
relocated unless the districts have not entered into such	773
agreement, in which case the child shall be entitled to	774
transportation services in the same manner as a pupil attending	775
school in the district under interdistrict open enrollment as	776
described in division (H) of section 3313.981 of the Revised Code,	777
regardless of whether the district has adopted an open enrollment	778
policy as described in division (B)(1)(b) or (c) of section	779
3313.98 of the Revised Code.	780

(J) This division does not apply to a child receiving special	781
education.	782

A school district required to pay tuition pursuant to	783
division (C)(2) or (3) of this section or section 3313.65 of the	784
Revised Code shall have an amount deducted under division (F) of	785
section 3317.023 of the Revised Code equal to its own tuition rate	786
for the same period of attendance. A school district entitled to	787
receive tuition pursuant to division (C)(2) or (3) of this section	788
or section 3313.65 of the Revised Code shall have an amount	789
credited under division (F) of section 3317.023 of the Revised	790
Code equal to its own tuition rate for the same period of	791
attendance. If the tuition rate credited to the district of	792
attendance exceeds the rate deducted from the district required to	793
pay tuition, the department of education shall pay the district of	794
attendance the difference from amounts deducted from all	795
districts' payments under division (F) of section 3317.023 of the	796
Revised Code but not credited to other school districts under such	797
division and from appropriations made for such purpose. The	798
treasurer of each school district shall, by the fifteenth day of	799
January and July, furnish the superintendent of public instruction	800
a report of the names of each child who attended the district's	801
schools under divisions (C)(2) and (3) of this section or section	802
3313.65 of the Revised Code during the preceding six calendar	803
months, the duration of the attendance of those children, the	804
school district responsible for tuition on behalf of the child,	805
and any other information that the superintendent requires.	806

Upon receipt of the report the superintendent, pursuant to	807
division (F) of section 3317.023 of the Revised Code, shall deduct	808
each district's tuition obligations under divisions (C)(2) and (3)	809
of this section or section 3313.65 of the Revised Code and pay to	810
the district of attendance that amount plus any amount required to	811
be paid by the state.	812

(K) In the event of a disagreement, the superintendent of	813
public instruction shall determine the school district in which	814
the parent resides.	815

(L) Nothing in this section requires or authorizes, or shall	816
be construed to require or authorize, the admission to a public	817
school in this state of a pupil who has been permanently excluded	818
from public school attendance by the superintendent of public	819
instruction pursuant to sections 3301.121 and 3313.662 of the	820
Revised Code.	821

(M) In accordance with division (B)(1) of this section, a	822
child whose parent is a member of the national guard or a reserve	823
unit of the armed forces of the United States and is called to	824
active duty, or a child whose parent is a member of the armed	825
forces of the United States and is ordered to a temporary duty	826
assignment outside of the district, may continue to attend school	827
in the district in which the child's parent lived before being	828
called to active duty or ordered to a temporary duty assignment	829
outside of the district, as long as the child's parent continues	830
to be a resident of that district, and regardless of where the	831
child lives as a result of the parent's active duty status or	832
temporary duty assignment. However, the district is not	833
responsible for providing transportation for the child if the	834
child lives outside of the district as a result of the parent's	835
active duty status or temporary duty assignment.	836

Sec. 3332.20. As used in this section, "active duty" means	837
full-time duty in the active military service of the United	838
States, including full-time training duty, annual training duty,	839
and active state duty for members of the national guard.	840

(A) Each institution that holds a certificate of registration	841
from the state board of career colleges and schools under this	842
chapter shall grant a student a military leave of absence from the	843
institution while the student is serving on active duty, and for	844
one year after the conclusion of that service, if the student is a	845
member of the United States national guard or other reserve	846
component of the armed forces of the United States, or a member of	847
those armed forces in a retired status, and is called to active	848
duty. The student shall not suffer an academic penalty as a result	849
of the leave of absence.	850

(B) If requested by a student granted a military leave of	851
absence pursuant to division (A) of this section not later than	852
one year after the student's release from active duty, the	853
institution in which the student is enrolled shall do either of	854
the following, as elected by the student:	855

(1) Credit tuition and fee charges toward a subsequent	856
academic term in an amount that is one hundred per cent of what	857
the student paid the institution for the academic term in which	858
the student withdraws;	859

(2) Refund tuition and fees paid for the academic term,	860
provided the student withdraws before the withdraw date	861
established by the institution. The refund shall equal one hundred	862
per cent of the tuition and fee charges the student paid the	863
institution for the academic term. If the student withdraws after	864
the withdraw date established by the institution, the student is	865
ineligible for a refund of tuition and fee charges. For the	866
purposes of this section, the "withdraw date" shall be the same as	867
the date set by the institution for its general student population	868
to withdraw from the institution or a course or class without	869
academic penalty.	870

(C) If requested by a student granted a military leave of	871
absence pursuant to division (A) of this section not later than	872
one year after the student's release from active duty, the	873
institution shall restore the student to the educational status	874
the student had attained prior to being called to active duty	875
without loss of academic credits earned, scholarships or grants	876
awarded, or tuition and other fees paid prior to the commencement	877
of active duty, except as provided in division (B) of this	878
section.	879

(D) If an institution fails to comply with this section, the	880
student may bring an action against the institution to enforce its	881
provisions in the court of common pleas of the county in which the	882
student resides. If the student resides outside of this state, the	883
action shall be brought in the court of common pleas of the county	884
in which the campus of the institution previously attended by the	885
student is located. The court may award reasonable attorney's fees	886
and expenses if the student prevails in the action.	887

Sec. 3345.53. As used in this section, "active duty" means	888
full-time duty in the active military service of the United	889
States, including full-time training duty, annual training duty,	890
and active state duty for members of the national guard.	891

(A) Each state institution of higher education, as defined in	892
section 3345.011 of the Revised Code, shall grant a student a	893
military leave of absence from the institution while the student	894
is serving on active duty, and for one year after the conclusion	895
of that service, if the student is a member of the United States	896
national guard or other reserve component of the armed forces of	897
the United States, or a member of those armed forces in a retired	898
status, and is called to active duty. The student shall not suffer	899
an academic penalty as a result of the leave of absence.	900

(B) If requested by a student granted a military leave of	901
absence pursuant to division (A) of this section not later than	902
one year after the student's release from active duty, the state	903
institution of higher education in which the student is enrolled	904
shall do either of the following, as elected by the student:	905

(1) Credit tuition and fee charges toward a subsequent	906
academic term in an amount that is one hundred per cent of what	907
the student paid the institution for the academic term in which	908
the student withdraws;	909

(2) Refund tuition and fees paid for the academic term,	910
provided the student withdraws before the withdraw date	911
established by the institution. The refund shall equal one hundred	912
per cent of the tuition and fee charges the student paid the	913
institution for the academic term. If the student withdraws after	914
the withdraw date established by the institution, the student is	915
ineligible for a refund of tuition and fee charges. For the	916
purposes of this section, the "withdraw date" shall be the same as	917
the date set by the institution for its general student population	918
to withdraw from the institution or a course or class without	919
academic penalty.	920

(C) If requested by a student granted a military leave of	921
absence pursuant to division (A) of this section not later than	922
one year after the student's release from active duty, the state	923
institution of higher education shall restore the student to the	924
educational status the student had attained prior to being called	925
to active duty without loss of academic credits earned,	926
scholarships or grants awarded, or tuition and other fees paid	927
prior to the commencement of active duty, except as provided in	928
division (B) of this section.	929

(D) If a state institution of higher education fails to	930
comply with this section, the student may bring an action against	931
the institution to enforce its provisions in the court of claims.	932
The court may award reasonable attorney's fees and expenses if the	933
student prevails in the action.	934

Sec. 3915.053.  (A)(1) Except as provided in division (A)(2)	935
of this section, this section shall apply to any individual life	936
insurance policy insuring the life of a reservist, as defined in	937
section 3923.381 of the Revised Code, who is on active duty	938
pursuant to an executive order of the president of the United	939
States, an act of the congress of the United States, or section	940
5919.29 or 5923.21 of the Revised Code, if the life insurance	941
policy meets both of the following conditions:	942

(a) The policy has been in force for at least one hundred	943
eighty days.	944

(b) The policy has been brought within the "Servicemembers	945
Civil Relief Act," 117 Stat. 2835 (2003), 50 U.S.C. App. 541, et	946
seq.	947

(2) This section does not apply to any policy that was	948
cancelled or that had lapsed for the nonpayment of premiums prior	949
to the commencement of the insured's period of military service.	950

(B) An individual life insurance policy described in division	951
(A) of this section shall not lapse or be forfeited for the	952
nonpayment of premiums during a reservist's period of military	953
service or during the two-year period subsequent to the end of the	954
reservist's period of military service.	955

(C) This section does not limit a life insurance company's	956
enforcement of provisions in the insured's policy relating to	957
naval or military service in time of war.	958

Sec. 4933.12.  (A) Except as provided in division (C) of this	959
section and division (E) of section 5117.11 of the Revised Code,	960
if any person supplied with gas neglects or refuses to pay the	961
amount due for suchthe gas or for rent of articles hired by him	962
the person from a natural gas company or a gas company, the	963
company may stop the gas from entering the premises of suchthe	964
person. In such cases, after twenty-four hours' notice, the	965
officers, servants, or workers of the company may enter the	966
premises of such persons, between eight a.m. and four p.m., take	967
away such property of the company, and disconnect any meter from	968
the mains or pipes of the company.	969

(B) The company shall not refuse to furnish gas on account of	970
arrearages due it for gas furnished to persons formerly receiving	971
services at the premises as customers of the company, provided the	972
former customers are not continuing to reside at suchthe	973
premises.	974

(C) The company shall not, for any reason, unless required by	975
the consumer, for safety reasons, or unless tampering with utility	976
company equipment or theft of gas or utility company equipment has	977
occurred, stop gas from entering the premises of any residential	978
consumer for the period beginning on the fifteenth day of November	979
and ending on the fifteenth day of the following April, unless	980
both of the following apply:	981

(1) The account of the consumer is in arrears thirty days or	982
more;.	983

(2) WhereIf the occupant of residential premises is a tenant	984
whose landlord is responsible for payment for the service provided	985
by the company, the company has, five days previously, notified	986
the occupant of its intent to discontinue service to himthe	987
occupant.	988

(D) No company shall stop the gas from entering any	989
residential premises between the fifteenth day of November and the	990
fifteenth day of April because of a failure to pay the amount due	991
for suchthe gas unless the company, at the time it sends or	992
delivers to the premises notices of termination, informs the	993
occupant of the premises where to obtain state and federal aid for	994
payment of utility bills and for home weatherization and	995
information on local government aid for payment of utility bills	996
and for home weatherization.	997

(E) On or before the first day of November, a county human	998
services department may request a company to give prior	999
notification of any residential service terminations to occur	1000
during the period beginning on the fifteenth day of November	1001
immediately following the department's request and ending on the	1002
fifteenth day of the following April. If a department makes such a	1003
written request, at least twenty-four hours before the company	1004
terminates services to a residential customer in the county during	1005
that period for failure to pay the amount due for service, the	1006
company shall provide written notice to the department of the	1007
residential customer whose service the company so intends to	1008
terminate. No company that has received such a request shall	1009
terminate such service during that period unless it has provided	1010
the notice required under this division.	1011

(F) No company shall stop gas from entering the residential	1012
premises of any residential consumer who is deployed on active	1013
duty for nonpayment for gas supplied to the residential premises.	1014

Upon return of a residential consumer from active duty, the	1015
company shall offer the residential consumer a period equal to at	1016
least the period of deployment on active duty to pay any	1017
arrearages incurred during the period of deployment. The company	1018
shall inform the residential consumer that, if the period the	1019
company offers presents a hardship to the consumer, the consumer	1020
may request a longer period to pay the arrearages and, in the case	1021
of a company that is a public utility as defined in section	1022
4905.02 of the Revised Code, may request the assistance of the	1023
public utilities commission to obtain a longer period. No late	1024
payment fees or interest shall be charged to the residential	1025
consumer during the period of deployment or the repayment period.	1026

If a company that is a public utility determines that amounts	1027
owed by a residential consumer who is deployed on active duty are	1028
uncollectible, the company may file an application with the public	1029
utilities commission for approval of authority to recover the	1030
amounts. The recovery shall be through a rider on the base rates	1031
of customers of the company or through other means as may be	1032
approved by the commission, provided that any amount approved to	1033
be recovered through a rider or other means shall not be	1034
considered by the commission in any subsequent rate determination.	1035

As used in this division, "active duty" means active duty	1036
pursuant to an executive order of the president of the United	1037
States, an act of the congress of the United States, or section	1038
5919.29 or 5923.21 of the Revised Code.	1039

Sec. 4933.121.  (A) Except as provided in division (E) of	1040
section 5117.11 of the Revised Code, an electric light company	1041
shall not, for any reason, unless requested by the consumer, for	1042
safety reasons, or unless tampering with utility company equipment	1043
or theft of electricity or utility company equipment has occurred,	1044
cease to provide electricity to any residential consumer for the	1045
period beginning on the fifteenth day of November and ending on	1046
the fifteenth day of the following April, unless both of the	1047
following apply:	1048

(1) The account of the consumer is in arrears thirty days or	1049
more;.	1050

(2) WhereIf the occupant of residential premises is a tenant	1051
whose landlord is responsible for payment for the service provided	1052
by the company, the company has, five days previously, notified	1053
the occupant of its intent to discontinue service to himthe	1054
occupant.	1055

(B) The company shall not refuse to furnish electricity on	1056
account of arrearages due it for electricity furnished to persons	1057
formerly receiving services at the premises as customers of the	1058
company, provided the former customers are not continuing to	1059
reside at suchthe premises.	1060

(C) No company shall cease to provide electricity to any	1061
residential premises between the fifteenth day of November and the	1062
fifteenth day of April because of a failure to pay the amount due	1063
for suchthe electricity unless the company, at the time it sends	1064
or delivers to the premises notices of termination, informs the	1065
occupant of the premises where to obtain state and federal aid for	1066
payment of utility bills and for home weatherization and	1067
information on local government aid for payment of utility bills	1068
and for home weatherization.	1069

(D) On or before the first day of November, a county human	1070
services department may request a company to give prior	1071
notification of any residential service terminations to occur	1072
during the period beginning on the fifteenth day of November	1073
immediately following the department's request and ending on the	1074
fifteenth day of the following April. If a department makes such a	1075
written request, at least twenty-four hours before the company	1076
terminates services to a residential customer in the county during	1077
that period for failure to pay the amount due for service, the	1078
company shall provide written notice to the department of the	1079
residential customer whose service the company so intends to	1080
terminate. No company that has received such a request shall	1081
terminate such service during that period unless it has provided	1082
the notice required under this division.	1083

(E) No company shall cease to provide electricity to the	1084
residential premises of any residential consumer who is deployed	1085
on active duty for nonpayment for electricity provided to the	1086
residential premises.	1087

Upon return of a residential consumer from active duty, the	1088
company shall offer the residential consumer a period equal to at	1089
least the period of deployment on active duty to pay any	1090
arrearages incurred during the period of deployment. The company	1091
shall inform the residential consumer that, if the period the	1092
company offers presents a hardship to the consumer, the consumer	1093
may request a longer period to pay the arrearages and, in the case	1094
of a company that is a public utility as defined in section	1095
4905.02 of the Revised Code, may request the assistance of the	1096
public utilities commission to obtain a longer period. No late	1097
payment fees or interest shall be charged to the residential	1098
consumer during the period of deployment or the repayment period.	1099

If a company that is a public utility determines that amounts	1100
owed by a residential consumer who is deployed on active duty are	1101
uncollectible, the company may file an application with the public	1102
utilities commission for approval of authority to recover the	1103
amounts. The recovery shall be through a rider on the base rates	1104
of customers of the company or through other means as may be	1105
approved by the commission, provided that any amount approved to	1106
be recovered through a rider or other means shall not be	1107
considered by the commission in any subsequent rate determination.	1108

As used in this division, "active duty" means active duty	1109
pursuant to an executive order of the president of the United	1110
States, an act of the congress of the United States, or section	1111
5919.29 or 5923.21 of the Revised Code.	1112

Section 2. That existing sections 125.021, 1317.06, 1317.061,	1113
3313.64, 4933.12, and 4933.121 of the Revised Code are hereby	1114
repealed.	1115