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

To amend sections 125.021, 1317.06, 1317.061,

1

1349.99, 3313.64, 4933.12, and 4933.121 and to

2

enact 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 to recover certain uncollectible amounts owed

36

by residential customers deployed on active duty

37

through a recovery procedure approved by the

38

Public Utilities Commission; to require public and

39

private institutions of higher education to grant

40

a military leave of absence to students who are

41

deployed on active duty, to reinstate those

42

students to the same educational status as before

43

active duty, and to either partially refund paid

44

tuition or credit paid tuition to a future

45

academic term; to permit a person deployed on

46

active duty to terminate a motor vehicle lease or

47

cellular phone contract under specified

48

conditions; and to require the Department of

49

Administrative Services to make available bulk

50

long distance telephone services at cost to the

51

immediate family members of persons deployed on

52

active duty.

53

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

Section 1. That sections 125.021, 1317.06, 1317.061, 1349.99,	54
3313.64, 4933.12, and 4933.121 be amended and sections 317.322,	55
1349.02, 1349.03, 1713.60, 1923.062, 3332.20, 3345.53, and	56
3915.053 of the Revised Code be enacted to read as follows:	57

Sec. 125.021. (A) Except as to the military department, the	58
general assembly, the bureau of workers' compensation, and	59
institutions administered by boards of trustees, the department of	60
administrative services may make contractscontract for, operate,	61
and superintend the telephone, other telecommunication, and	62
computer services for state agencies. Nothing	63

Nothing in this sectiondivision precludes the bureau from	64
entering into a contractcontracting with the department of	65
administrative services forto authorize the department to make	66
contractscontract for, operate, or superintend such systemsthose	67
services for the bureau.	68

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

69

(a) "Active duty" means active duty pursuant to an executive	70
order of the president of the United States, an act of the	71
congress of the United States, or section 5919.29 or 5923.21 of	72
the Revised Code.	73

(b) "Immediate family" means a person's spouse residing in	74
the person's household, brothers and sisters of the whole or of	75
the half blood, children, including adopted children and	76
stepchildren, parents, and grandparents.	77

(c) "State agency" has the same meaning as in section 1.60 of	78
the Revised Code.	79

(2) The department of administrative services shall enter	80
into a contract to purchase bulk long distance telephone services	81
and make them available at cost, or shall make bulk long distance	82
telephone services available at cost under any existing contract	83
the department has entered into, to members of the immediate	84
family of persons deployed on active duty so that those family	85
members can communicate with the persons so deployed. The	86
department shall enter contracts under division (B)(2) of this	87
section in accordance with sections 125.01 to 125.11 of the	88
Revised Code and in a nondiscriminatory manner that does not place	89
any potential vendor at a competitive disadvantage.	90

(3) The department shall adopt, and may amend, rules under	91
Chapter 119. of the Revised Code to implement division (B) of this	92
section.	93

Sec. 317.322. Notwithstanding any contrary provision of	94
section 317.32 or Chapter 1337. of the Revised Code, the county	95
recorder shall not charge a fee to any member of the armed forces	96
of the United States who presents for recording a military power	97
of attorney executed pursuant to section 574(a) of the "National	98
Defense Authorization Act for Fiscal Year 1994," 107 Stat. 1674	99
(1993), 10 U.S.C. 1044b.	100

Sec. 1317.06.  (A) ASubject to division (D) of this section,	101
a retail seller at the time of making any retail installment sale	102
may charge and contract for the payment of a finance charge by the	103
retail buyer and collect and receive the same, which shall not	104
exceed the greater of the following:	105

(1) A base finance charge at the rate of eight dollars per	106
one hundred dollars per year on the principal balance of the	107
retail installment contract. On retail installment contracts	108
providing for principal balances less than, nor not in multiples	109
of one hundred dollars, or for installment payments extending for	110
a period less than or greater than one year, saidthat finance	111
charge shall be computed proportionately. In addition to the base	112
finance charge, the retail seller may charge and contract for a	113
service charge of fifty cents per month for the first fifty dollar	114
unit or fraction thereof, of the principal balance for each month	115
of the term of the installment contract; and an additional service	116
charge of twenty-five cents per month for each of the next five	117
fifty dollar units or fraction thereof, of the principal balance	118
for each month of the term of the installment contract. This	119
paragraph applies only to retail installment contracts with a	120
principal balance of seven hundred dollars or less.	121

(2) A pre-computed base finance charge not in excess of the	122
amount obtained by applying the rate of one and one-half per cent	123
per month to the unpaid portion of the unpaid principal balance	124
determined to be outstanding from time to time according to the	125
terms and schedule of payments of the retail installment contract	126
executed in connection with such retail installment sale.	127

Such base finance charge and service charges may be computed	128
on a basis of a full month for any fractional period in excess of	129
ten days. For a fractional period of a month not in excess of ten	130
days, there shall be no base finance charge or service charge.	131

Sections 1317.01 to 1317.11 of the Revised Code do not apply	132
to any sale in which the base finance and service charge does not	133
exceed the sum of fifteen dollars.	134

(B) Every retail seller may, at the time of making any retail	135
installment sale, contract for the payment by the retail buyer of	136
lawful delinquent charges as follows:	137

(1) No charges shall be made for delinquent payments less	138
than ten days late.	139

(2) Five cents for each dollar for a delinquent payment that	140
is more than ten days late may be charged, but in no event shall a	141
delinquent charge for any one installment exceed three dollars.	142

A provision for the payment of interest on any installment	143
not paid in full on or before its scheduled due date at a rate not	144
to exceed one and one-half per cent interest per month is not a	145
delinquent charge and is expressly authorized.	146

(C) No retail installment contract arising out of a consumer	147
transaction and requiring the payment of the charges authorized by	148
this section shall be executed unless the combined total of the	149
cash price and all finance charges and service charges is required	150
to be paid according to a schedule of substantially equal	151
consecutive installments, except where the contract contains a	152
provision allowing the buyer to refinance the contract under terms	153
no less favorable than those of the original contract after making	154
the refund credit required by section 1317.09 of the Revised Code.	155
No seller shall, pursuant to any provision in a retail installment	156
contract arising out of a consumer transaction, accelerate any	157
payments on account of a default in the making of an installment	158
payment that has not continued for at least thirty days. Division	159
(C) of this sectionThis division does not apply to the extent	160
that the payment schedule is adjusted to the seasonal or irregular	161
income of the buyer.	162

(D) A retail seller in connection with a retail installment	163
contract entered into on and after the effective date of this	164
amendment shall not charge or collect from a retail buyer who is	165
deployed on active duty interest or finance charges exceeding an	166
annual percentage rate of six per cent during the period that the	167
retail buyer is deployed on active duty.	168

In order for a retail installment contract to be subject to	169
the interest rate limitation of this division, the retail buyer	170
shall provide the retail seller with written notice of and a copy	171
of the military or gubernatorial orders calling the retail buyer	172
to active duty and of any orders further extending active duty,	173
not later than one hundred eighty days after the date of the	174
retail buyer's termination of or release from active duty.	175

As used in this section, "active duty" means active duty	176
pursuant to an executive order of the president of the United	177
States, an act of the congress of the United States, or section	178
5919.29 or 5923.21 of the Revised Code.	179

Sec. 1317.061. As(A) Subject to division (B) of this	180
section, as an alternative to the finance charges permitted in	181
division (A) of section 1317.06 of the Revised Code or the	182
interest permitted in division (B) of that section, and to the	183
finance charges permitted in division (B) of section 1317.11 of	184
the Revised Code, a retail seller or holder may contract for and	185
receive finance charges or interest at any rate or rates agreed	186
upon or consented to by the parties to the retail installment	187
contract or revolving budget agreement, but not exceeding an	188
annual percentage rate of twenty-five per cent.	189

(B) A retail seller in connection with a retail installment	190
contract entered into on and after the effective date of this	191
amendment shall not charge or collect from a retail buyer who is	192
deployed on active duty interest or finance charges exceeding an	193
annual percentage rate of six per cent during the period that the	194
retail buyer is deployed on active duty.	195

In order for a retail installment contract to be subject to	196
the interest rate limitation of this division, the retail buyer	197
shall provide the retail seller with written notice of and a copy	198
of the military or gubernatorial orders calling the retail buyer	199
to active duty and of any orders further extending active duty,	200
not later than one hundred eighty days after the date of the	201
retail buyer's termination of or release from active duty.	202

As used in this section, "active duty" means active duty	203
pursuant to an executive order of the president of the United	204
States, an act of the congress of the United States, or section	205
5919.29 or 5923.21 of the Revised Code.	206

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

207

(1) "Active duty" means active duty pursuant to an executive	208
order of the president of the United States, an act of the	209
congress of the United States, or section 5919.29 or 5923.21 of	210
the Revised Code.	211

(2) "Lending institution" has the same meaning as in section	212
175.01 of the Revised Code.	213

(3) "Motor vehicle" means any automobile, car minivan,	214
passenger van, sport utility vehicle, pickup truck, or other	215
self-propelled vehicle not operated or driven on fixed rails or	216
track.	217

(B) Any person, or spouse of a person, who is deployed on	218
active duty may terminate any motor vehicle lease that meets both	219
of the following requirements:	220

(1) It is entered into on or after the effective date of this	221
section.	222

(2) It is executed by or on behalf of the person who is	223
deployed on active duty.	224

(C) Termination of the motor vehicle lease shall not be	225
effective until:	226

(1) Fifteen days after the person who is deployed on active	227
duty or the person's spouse gives notice by certified mail, return	228
receipt requested, of the intention to terminate the lease; and	229

(2) The motor vehicle subject to the lease is returned to the	230
custody or control of the lessor.	231

(D) If the requirements of divisions (C)(1) and (2) of this	232
section are met, both of the following restrictions shall apply:	233

(1) No collection agency or lending institution may report to	234
a consumer reporting agency, for inclusion in the credit file or	235
credit report of the person who is deployed on active duty, any	236
information about the nonpayment of the terminated motor vehicle	237
lease.	238

(2) No consumer reporting agency shall include in the credit	239
file or credit report of the person who is deployed on active duty	240
any information about the nonpayment of the terminated motor	241
vehicle lease.	242

Sec. 1349.03. (A) As used in this section, "active duty"	243
means active duty pursuant to an executive order of the president	244
of the United States, an act of the congress of the United States,	245
or section 5919.29 or 5923.21 of the Revised Code.	246

(B) Any person, or spouse of a person, who is deployed on	247
active duty may terminate, without penalty, a cellular phone	248
contract that meets both of the following requirements:	249

(1) It is entered into on or after the effective date of this	250
section.	251

(2) It is executed by or on behalf of the person who is	252
deployed on active duty.	253

(C) Termination of the cellular phone contract shall not be	254
effective until:	255

(1) Thirty days after the person who is deployed on active	256
duty or the person's spouse gives notice by certified mail, return	257
receipt requested, of the intention to terminate the cellular	258
phone contract; and	259

(2) Unless the person who is deployed on active duty owns the	260
cellular phone, the cellular phone is returned to the custody or	261
control of the cellular telephone company, or the person who is	262
deployed on active duty or the person's spouse agrees in writing	263
to return the cellular phone as soon as practicable after the	264
deployment is completed.	265

(D) If the requirements of divisions (C)(1) and (2) are met,	266
both of the following restrictions shall apply:	267

(1) No collection agency or cellular telephone company may	268
report to a consumer reporting agency, for inclusion in the credit	269
file or credit report of the person who is deployed on active	270
duty, any information about the nonpayment of the terminated	271
cellular phone contract.	272

(2) No consumer reporting agency shall include in the credit	273
file or credit report of the person who is deployed on active duty	274
any information about the nonpayment of the terminated cellular	275
phone contract.	276

Sec. 1349.99.  Whoever violates division (D) of section	277
1349.02 or 1349.03 or section 1349.06 or 1349.17 of the Revised	278
Code is guilty of a minor misdemeanor.	279

Sec. 1713.60. As used in this section, "active duty" means	280
full-time duty in the active military service of the United	281
States, including full-time training duty, annual training duty,	282
and active state duty for members of the national guard.	283

(A) Each institution of higher education that holds a	284
certificate of authorization issued under this chapter shall grant	285
a student a military leave of absence from the institution while	286
the student is serving on active duty, and for one year after the	287
conclusion of that service, if the student is a member of the	288
United States national guard or other reserve component of the	289
armed forces of the United States, or a member of those armed	290
forces in a retired status, and is called to active duty. The	291
student shall not suffer an academic penalty as a result of the	292
leave of absence.	293

(B) If requested by a student granted a military leave of	294
absence pursuant to division (A) of this section not later than	295
one year after the student's release from active duty, the	296
institution in which the student is enrolled shall do either of	297
the following, as elected by the student:	298

(1) Credit tuition and fee charges toward a subsequent	299
academic term in an amount that is one hundred per cent of what	300
the student paid the institution for the academic term in which	301
the student withdraws;	302

(2) Refund tuition and fees paid for the academic term,	303
provided the student withdraws before the withdraw date	304
established by the institution. The refund shall equal one hundred	305
per cent of the tuition and fee charges the student paid the	306
institution for the academic term. If the student withdraws after	307
the withdraw date established by the institution, the student is	308
ineligible for a refund of tuition and fee charges. For the	309
purposes of this section, the "withdraw date" shall be the same as	310
the date set by the institution for its general student population	311
to withdraw from the institution or a course or class without	312
academic penalty.	313

(C) If requested by a student granted a military leave of	314
absence pursuant to division (A) of this section not later than	315
one year after the student's release from active duty, the	316
institution shall restore the student to the educational status	317
the student had attained prior to being called to active duty	318
without loss of academic credits earned, scholarships or grants	319
awarded, or tuition and other fees paid prior to the commencement	320
of active duty, except as provided in division (B) of this	321
section.	322

(D) If an institution fails to comply with this section, the	323
student may bring an action against the institution to enforce its	324
provisions in the court of common pleas of the county in which the	325
student resides. If the student resides outside of this state, the	326
action shall be brought in the court of common pleas of the county	327
in which the campus of the institution previously attended by the	328
student is located. The court may award reasonable attorney's fees	329
and expenses if the student prevails in the action.	330

Sec. 1923.062.  (A) In an action under this chapter for	331
possession of residential premises of a tenant or manufactured	332
home park resident who is deployed on active duty or of any member	333
of the tenant's or resident's immediate family, if the tenant or	334
resident entered into the rental agreement on or after the	335
effective date of this section, the court may, on its own motion,	336
and shall, upon motion made by or on behalf of the tenant or	337
resident, do either of the following if the tenant's or resident's	338
ability to pay the agreed rent is materially affected by the	339
deployment on active duty:	340

(1) Stay the proceedings for a period of ninety days, unless,	341
in the opinion of the court, justice and equity require a longer	342
or shorter period of time;	343

(2) Adjust the obligation under the rental agreement to	344
preserve the interest of all parties to it.	345

(B) If a stay is granted under division (A) of this section,	346
the court may grant the landlord or park operator such relief as	347
equity may require.	348

(C) This section does not apply to landlords or park	349
operators operating less than four residential premises.	350

(D) As used in this section, "active duty" means active duty	351
pursuant to an executive order of the president of the United	352
States, an act of the congress of the United States, or section	353
5919.29 or 5923.21 of the Revised Code.	354

Sec. 3313.64.  (A) As used in this section and in section	355
3313.65 of the Revised Code:	356

(1)(a) Except as provided in division (A)(1)(b) of this	357
section, "parent" means either parent, unless the parents are	358
separated or divorced or their marriage has been dissolved or	359
annulled, in which case "parent" means the parent who is the	360
residential parent and legal custodian of the child. When a child	361
is in the legal custody of a government agency or a person other	362
than the child's natural or adoptive parent, "parent" means the	363
parent with residual parental rights, privileges, and	364
responsibilities. When a child is in the permanent custody of a	365
government agency or a person other than the child's natural or	366
adoptive parent, "parent" means the parent who was divested of	367
parental rights and responsibilities for the care of the child and	368
the right to have the child live with the parent and be the legal	369
custodian of the child and all residual parental rights,	370
privileges, and responsibilities.	371

(b) When a child is the subject of a power of attorney	372
executed under sections 3109.51 to 3109.62 of the Revised Code,	373
"parent" means the grandparent designated as attorney in fact	374
under the power of attorney. When a child is the subject of a	375
caretaker authorization affidavit executed under sections 3109.64	376
to 3109.73 of the Revised Code, "parent" means the grandparent	377
that executed the affidavit.	378

(2) "Legal custody," "permanent custody," and "residual	379
parental rights, privileges, and responsibilities" have the same	380
meanings as in section 2151.011 of the Revised Code.	381

(3) "School district" or "district" means a city, local, or	382
exempted village school district and excludes any school operated	383
in an institution maintained by the department of youth services.	384

(4) Except as used in division (C)(2) of this section, "home"	385
means a home, institution, foster home, group home, or other	386
residential facility in this state that receives and cares for	387
children, to which any of the following applies:	388

(a) The home is licensed, certified, or approved for such	389
purpose by the state or is maintained by the department of youth	390
services.	391

(b) The home is operated by a person who is licensed,	392
certified, or approved by the state to operate the home for such	393
purpose.	394

(c) The home accepted the child through a placement by a	395
person licensed, certified, or approved to place a child in such a	396
home by the state.	397

(d) The home is a children's home created under section	398
5153.21 or 5153.36 of the Revised Code.	399

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

400

(a) A public children services agency;

401

(b) An organization that holds a certificate issued by the	402
Ohio department of job and family services in accordance with the	403
requirements of section 5103.03 of the Revised Code and assumes	404
temporary or permanent custody of children through commitment,	405
agreement, or surrender, and places children in family homes for	406
the purpose of adoption;	407

(c) Comparable agencies of other states or countries that	408
have complied with applicable requirements of section 2151.39, or	409
sections 5103.20 to 5103.28 of the Revised Code.	410

(6) A child is placed for adoption if either of the following	411
occurs:	412

(a) An agency to which the child has been permanently	413
committed or surrendered enters into an agreement with a person	414
pursuant to section 5103.16 of the Revised Code for the care and	415
adoption of the child.	416

(b) The child's natural parent places the child pursuant to	417
section 5103.16 of the Revised Code with a person who will care	418
for and adopt the child.	419

(7) "Handicapped preschool child" means a handicapped child,	420
as defined by division (A) of section 3323.01 of the Revised Code,	421
who is at least three years of age but is not of compulsory school	422
age, as defined in section 3321.01 of the Revised Code, and who is	423
not currently enrolled in kindergarten.	424

(8) "Child," unless otherwise indicated, includes handicapped	425
preschool children.	426

(9) "Active duty" means active duty pursuant to an executive	427
order of the president of the United States, an act of the	428
congress of the United States, or section 5919.29 or 5923.21 of	429
the Revised Code.	430

(B) Except as otherwise provided in section 3321.01 of the	431
Revised Code for admittance to kindergarten and first grade, a	432
child who is at least five but under twenty-two years of age and	433
any handicapped preschool child shall be admitted to school as	434
provided in this division.	435

(1) A child shall be admitted to the schools of the school	436
district in which the child's parent resides.	437

(2) A child who does not reside in the district where the	438
child's parent resides shall be admitted to the schools of the	439
district in which the child resides if any of the following	440
applies:	441

(a) The child is in the legal or permanent custody of a	442
government agency or a person other than the child's natural or	443
adoptive parent.	444

(b) The child resides in a home.

445

(c) The child requires special education.

446

(3) A child who is not entitled under division (B)(2) of this	447
section to be admitted to the schools of the district where the	448
child resides and who is residing with a resident of this state	449
with whom the child has been placed for adoption shall be admitted	450
to the schools of the district where the child resides unless	451
either of the following applies:	452

(a) The placement for adoption has been terminated.

453

(b) Another school district is required to admit the child	454
under division (B)(1) of this section.	455

Division (B) of this section does not prohibit the board of	456
education of a school district from placing a handicapped child	457
who resides in the district in a special education program outside	458
of the district or its schools in compliance with Chapter 3323. of	459
the Revised Code.	460

(C) A district shall not charge tuition for children admitted	461
under division (B)(1) or (3) of this section. If the district	462
admits a child under division (B)(2) of this section, tuition	463
shall be paid to the district that admits the child as follows:	464

(1) If the child receives special education in accordance	465
with Chapter 3323. of the Revised Code, tuition shall be paid in	466
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	467
the Revised Code regardless of who has custody of the child or	468
whether the child resides in a home.	469

(2) Except as otherwise provided in division (C)(2)(d) of	470
this section, if the child is in the permanent or legal custody of	471
a government agency or person other than the child's parent,	472
tuition shall be paid by:	473

(a) The district in which the child's parent resided at the	474
time the court removed the child from home or at the time the	475
court vested legal or permanent custody of the child in the person	476
or government agency, whichever occurred first;	477

(b) If the parent's residence at the time the court removed	478
the child from home or placed the child in the legal or permanent	479
custody of the person or government agency is unknown, tuition	480
shall be paid by the district in which the child resided at the	481
time the child was removed from home or placed in legal or	482
permanent custody, whichever occurred first;	483

(c) If a school district cannot be established under division	484
(C)(2)(a) or (b) of this section, tuition shall be paid by the	485
district determined as required by section 2151.357 of the Revised	486
Code by the court at the time it vests custody of the child in the	487
person or government agency;	488

(d) If at the time the court removed the child from home or	489
vested legal or permanent custody of the child in the person or	490
government agency, whichever occurred first, one parent was in a	491
residential or correctional facility or a juvenile residential	492
placement and the other parent, if living and not in such a	493
facility or placement, was not known to reside in this state,	494
tuition shall be paid by the district determined under division	495
(D) of section 3313.65 of the Revised Code as the district	496
required to pay any tuition while the parent was in such facility	497
or placement.	498

(3) If the child is not in the permanent or legal custody of	499
a government agency or person other than the child's parent and	500
the child resides in a home, tuition shall be paid by one of the	501
following:	502

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

503

(b) If the child's parent is not a resident of this state,	504
the home in which the child resides.	505

(D) Tuition required to be paid under divisions (C)(2) and	506
(3)(a) of this section shall be computed in accordance with	507
section 3317.08 of the Revised Code. Tuition required to be paid	508
under division (C)(3)(b) of this section shall be computed in	509
accordance with section 3317.081 of the Revised Code. If a home	510
fails to pay the tuition required by division (C)(3)(b) of this	511
section, the board of education providing the education may	512
recover in a civil action the tuition and the expenses incurred in	513
prosecuting the action, including court costs and reasonable	514
attorney's fees. If the prosecuting attorney or city director of	515
law represents the board in such action, costs and reasonable	516
attorney's fees awarded by the court, based upon the prosecuting	517
attorney's, director's, or one of their designee's time spent	518
preparing and presenting the case, shall be deposited in the	519
county or city general fund.	520

(E) A board of education may enroll a child free of any	521
tuition obligation for a period not to exceed sixty days, on the	522
sworn statement of an adult resident of the district that the	523
resident has initiated legal proceedings for custody of the child.	524

(F) In the case of any individual entitled to attend school	525
under this division, no tuition shall be charged by the school	526
district of attendance and no other school district shall be	527
required to pay tuition for the individual's attendance.	528
Notwithstanding division (B), (C), or (E) of this section:	529

(1) All persons at least eighteen but under twenty-two years	530
of age who live apart from their parents, support themselves by	531
their own labor, and have not successfully completed the high	532
school curriculum or the individualized education program	533
developed for the person by the high school pursuant to section	534
3323.08 of the Revised Code, are entitled to attend school in the	535
district in which they reside.	536

(2) Any child under eighteen years of age who is married is	537
entitled to attend school in the child's district of residence.	538

(3) A child is entitled to attend school in the district in	539
which either of the child's parents is employed if the child has a	540
medical condition that may require emergency medical attention.	541
The parent of a child entitled to attend school under division	542
(F)(3) of this section shall submit to the board of education of	543
the district in which the parent is employed a statement from the	544
child's physician certifying that the child's medical condition	545
may require emergency medical attention. The statement shall be	546
supported by such other evidence as the board may require.	547

(4) Any child residing with a person other than the child's	548
parent is entitled, for a period not to exceed twelve months, to	549
attend school in the district in which that person resides if the	550
child's parent files an affidavit with the superintendent of the	551
district in which the person with whom the child is living resides	552
stating all of the following:	553

(a) That the parent is serving outside of the state in the	554
armed services of the United States;	555

(b) That the parent intends to reside in the district upon	556
returning to this state;	557

(c) The name and address of the person with whom the child is	558
living while the parent is outside the state.	559

(5) Any child under the age of twenty-two years who, after	560
the death of a parent, resides in a school district other than the	561
district in which the child attended school at the time of the	562
parent's death is entitled to continue to attend school in the	563
district in which the child attended school at the time of the	564
parent's death for the remainder of the school year, subject to	565
approval of that district board.	566

(6) A child under the age of twenty-two years who resides	567
with a parent who is having a new house built in a school district	568
outside the district where the parent is residing is entitled to	569
attend school for a period of time in the district where the new	570
house is being built. In order to be entitled to such attendance,	571
the parent shall provide the district superintendent with the	572
following:	573

(a) A sworn statement explaining the situation, revealing the	574
location of the house being built, and stating the parent's	575
intention to reside there upon its completion;	576

(b) A statement from the builder confirming that a new house	577
is being built for the parent and that the house is at the	578
location indicated in the parent's statement.	579

(7) A child under the age of twenty-two years residing with a	580
parent who has a contract to purchase a house in a school district	581
outside the district where the parent is residing and who is	582
waiting upon the date of closing of the mortgage loan for the	583
purchase of such house is entitled to attend school for a period	584
of time in the district where the house is being purchased. In	585
order to be entitled to such attendance, the parent shall provide	586
the district superintendent with the following:	587

(a) A sworn statement explaining the situation, revealing the	588
location of the house being purchased, and stating the parent's	589
intent to reside there;	590

(b) A statement from a real estate broker or bank officer	591
confirming that the parent has a contract to purchase the house,	592
that the parent is waiting upon the date of closing of the	593
mortgage loan, and that the house is at the location indicated in	594
the parent's statement.	595

The district superintendent shall establish a period of time	596
not to exceed ninety days during which the child entitled to	597
attend school under division (F)(6) or (7) of this section may	598
attend without tuition obligation. A student attending a school	599
under division (F)(6) or (7) of this section shall be eligible to	600
participate in interscholastic athletics under the auspices of	601
that school, provided the board of education of the school	602
district where the student's parent resides, by a formal action,	603
releases the student to participate in interscholastic athletics	604
at the school where the student is attending, and provided the	605
student receives any authorization required by a public agency or	606
private organization of which the school district is a member	607
exercising authority over interscholastic sports.	608

(8) A child whose parent is a full-time employee of a city,	609
local, or exempted village school district, or of an educational	610
service center, may be admitted to the schools of the district	611
where the child's parent is employed, or in the case of a child	612
whose parent is employed by an educational service center, in the	613
district that serves the location where the parent's job is	614
primarily located, provided the district board of education	615
establishes such an admission policy by resolution adopted by a	616
majority of its members. Any such policy shall take effect on the	617
first day of the school year and the effective date of any	618
amendment or repeal may not be prior to the first day of the	619
subsequent school year. The policy shall be uniformly applied to	620
all such children and shall provide for the admission of any such	621
child upon request of the parent. No child may be admitted under	622
this policy after the first day of classes of any school year.	623

(9) A child who is with the child's parent under the care of	624
a shelter for victims of domestic violence, as defined in section	625
3113.33 of the Revised Code, is entitled to attend school free in	626
the district in which the child is with the child's parent, and no	627
other school district shall be required to pay tuition for the	628
child's attendance in that school district.	629

The enrollment of a child in a school district under this	630
division shall not be denied due to a delay in the school	631
district's receipt of any records required under section 3313.672	632
of the Revised Code or any other records required for enrollment.	633
Any days of attendance and any credits earned by a child while	634
enrolled in a school district under this division shall be	635
transferred to and accepted by any school district in which the	636
child subsequently enrolls. The state board of education shall	637
adopt rules to ensure compliance with this division.	638

(10) Any child under the age of twenty-two years whose parent	639
has moved out of the school district after the commencement of	640
classes in the child's senior year of high school is entitled,	641
subject to the approval of that district board, to attend school	642
in the district in which the child attended school at the time of	643
the parental move for the remainder of the school year and for one	644
additional semester or equivalent term. A district board may also	645
adopt a policy specifying extenuating circumstances under which a	646
student may continue to attend school under division (F)(10) of	647
this section for an additional period of time in order to	648
successfully complete the high school curriculum for the	649
individualized education program developed for the student by the	650
high school pursuant to section 3323.08 of the Revised Code.	651

(11) As used in this division, "grandparent" means a parent	652
of a parent of a child. A child under the age of twenty-two years	653
who is in the custody of the child's parent, resides with a	654
grandparent, and does not require special education is entitled to	655
attend the schools of the district in which the child's	656
grandparent resides, provided that, prior to such attendance in	657
any school year, the board of education of the school district in	658
which the child's grandparent resides and the board of education	659
of the school district in which the child's parent resides enter	660
into a written agreement specifying that good cause exists for	661
such attendance, describing the nature of this good cause, and	662
consenting to such attendance.	663

In lieu of a consent form signed by a parent, a board of	664
education may request the grandparent of a child attending school	665
in the district in which the grandparent resides pursuant to	666
division (F)(11) of this section to complete any consent form	667
required by the district, including any authorization required by	668
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	669
Upon request, the grandparent shall complete any consent form	670
required by the district. A school district shall not incur any	671
liability solely because of its receipt of a consent form from a	672
grandparent in lieu of a parent.	673

Division (F)(11) of this section does not create, and shall	674
not be construed as creating, a new cause of action or substantive	675
legal right against a school district, a member of a board of	676
education, or an employee of a school district. This section does	677
not affect, and shall not be construed as affecting, any	678
immunities from defenses to tort liability created or recognized	679
by Chapter 2744. of the Revised Code for a school district,	680
member, or employee.	681

(12) A child under the age of twenty-two years is entitled to	682
attend school in a school district other than the district in	683
which the child is entitled to attend school under division (B),	684
(C), or (E) of this section provided that, prior to such	685
attendance in any school year, both of the following occur:	686

(a) The superintendent of the district in which the child is	687
entitled to attend school under division (B), (C), or (E) of this	688
section contacts the superintendent of another district for	689
purposes of this division;	690

(b) The superintendents of both districts enter into a	691
written agreement that consents to the attendance and specifies	692
that the purpose of such attendance is to protect the student's	693
physical or mental well-being or to deal with other extenuating	694
circumstances deemed appropriate by the superintendents.	695

While an agreement is in effect under this division for a	696
student who is not receiving special education under Chapter 3323.	697
of the Revised Code and notwithstanding Chapter 3327. of the	698
Revised Code, the board of education of neither school district	699
involved in the agreement is required to provide transportation	700
for the student to and from the school where the student attends.	701

A student attending a school of a district pursuant to this	702
division shall be allowed to participate in all student	703
activities, including interscholastic athletics, at the school	704
where the student is attending on the same basis as any student	705
who has always attended the schools of that district while of	706
compulsory school age.	707

(13) All school districts shall comply with the	708
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	709
seq., for the education of homeless children. Each city, local,	710
and exempted village school district shall comply with the	711
requirements of that act governing the provision of a free,	712
appropriate public education, including public preschool, to each	713
homeless child.	714

When a child loses permanent housing and becomes a homeless	715
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	716
such a homeless person changes temporary living arrangements, the	717
child's parent or guardian shall have the option of enrolling the	718
child in either of the following:	719

(a) The child's school of origin, as defined in 42 U.S.C.A.	720
11432(g)(3)(C);	721

(b) The school that is operated by the school district in	722
which the shelter where the child currently resides is located and	723
that serves the geographic area in which the shelter is located.	724

(14) A child under the age of twenty-two years who resides	725
with a person other than the child's parent is entitled to attend	726
school in the school district in which that person resides if both	727
of the following apply:	728

(a) That person has been appointed, through a military power	729
of attorney executed under section 574(a) of the "National Defense	730
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	731
U.S.C. 1044b, or through a comparable document necessary to	732
complete a family care plan, as the parent's agent for the care,	733
custody, and control of the child while the parent is on active	734
duty as a member of the national guard or a reserve unit of the	735
armed forces of the United States or because the parent is a	736
member of the armed forces of the United States and is on a duty	737
assignment away from the parent's residence.	738

(b) The military power of attorney or comparable document	739
includes at least the authority to enroll the child in school.	740

The entitlement to attend school in the district in which the	741
parent's agent under the military power of attorney or comparable	742
document resides applies until the end of the school year in which	743
the military power of attorney or comparable document expires.	744

(G) A board of education, after approving admission, may	745
waive tuition for students who will temporarily reside in the	746
district and who are either of the following:	747

(1) Residents or domiciliaries of a foreign nation who	748
request admission as foreign exchange students;	749

(2) Residents or domiciliaries of the United States but not	750
of Ohio who request admission as participants in an exchange	751
program operated by a student exchange organization.	752

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	753
3327.04, and 3327.06 of the Revised Code, a child may attend	754
school or participate in a special education program in a school	755
district other than in the district where the child is entitled to	756
attend school under division (B) of this section.	757

(I)(1) Notwithstanding anything to the contrary in this	758
section or section 3313.65 of the Revised Code, a child under	759
twenty-two years of age may attend school in the school district	760
in which the child, at the end of the first full week of October	761
of the school year, was entitled to attend school as otherwise	762
provided under this section or section 3313.65 of the Revised	763
Code, if at that time the child was enrolled in the schools of the	764
district but since that time the child or the child's parent has	765
relocated to a new address located outside of that school district	766
and within the same county as the child's or parent's address	767
immediately prior to the relocation. The child may continue to	768
attend school in the district, and at the school to which the	769
child was assigned at the end of the first full week of October of	770
the current school year, for the balance of the school year.	771
Division (I)(1) of this section applies only if both of the	772
following conditions are satisfied:	773

(a) The board of education of the school district in which	774
the child was entitled to attend school at the end of the first	775
full week in October and of the district to which the child or	776
child's parent has relocated each has adopted a policy to enroll	777
children described in division (I)(1) of this section.	778

(b) The child's parent provides written notification of the	779
relocation outside of the school district to the superintendent of	780
each of the two school districts.	781

(2) At the beginning of the school year following the school	782
year in which the child or the child's parent relocated outside of	783
the school district as described in division (I)(1) of this	784
section, the child is not entitled to attend school in the school	785
district under that division.	786

(3) Any person or entity owing tuition to the school district	787
on behalf of the child at the end of the first full week in	788
October, as provided in division (C) of this section, shall	789
continue to owe such tuition to the district for the child's	790
attendance under division (I)(1) of this section for the lesser of	791
the balance of the school year or the balance of the time that the	792
child attends school in the district under division (I)(1) of this	793
section.	794

(4) A pupil who may attend school in the district under	795
division (I)(1) of this section shall be entitled to	796
transportation services pursuant to an agreement between the	797
district and the district in which the child or child's parent has	798
relocated unless the districts have not entered into such	799
agreement, in which case the child shall be entitled to	800
transportation services in the same manner as a pupil attending	801
school in the district under interdistrict open enrollment as	802
described in division (H) of section 3313.981 of the Revised Code,	803
regardless of whether the district has adopted an open enrollment	804
policy as described in division (B)(1)(b) or (c) of section	805
3313.98 of the Revised Code.	806

(J) This division does not apply to a child receiving special	807
education.	808

A school district required to pay tuition pursuant to	809
division (C)(2) or (3) of this section or section 3313.65 of the	810
Revised Code shall have an amount deducted under division (F) of	811
section 3317.023 of the Revised Code equal to its own tuition rate	812
for the same period of attendance. A school district entitled to	813
receive tuition pursuant to division (C)(2) or (3) of this section	814
or section 3313.65 of the Revised Code shall have an amount	815
credited under division (F) of section 3317.023 of the Revised	816
Code equal to its own tuition rate for the same period of	817
attendance. If the tuition rate credited to the district of	818
attendance exceeds the rate deducted from the district required to	819
pay tuition, the department of education shall pay the district of	820
attendance the difference from amounts deducted from all	821
districts' payments under division (F) of section 3317.023 of the	822
Revised Code but not credited to other school districts under such	823
division and from appropriations made for such purpose. The	824
treasurer of each school district shall, by the fifteenth day of	825
January and July, furnish the superintendent of public instruction	826
a report of the names of each child who attended the district's	827
schools under divisions (C)(2) and (3) of this section or section	828
3313.65 of the Revised Code during the preceding six calendar	829
months, the duration of the attendance of those children, the	830
school district responsible for tuition on behalf of the child,	831
and any other information that the superintendent requires.	832

Upon receipt of the report the superintendent, pursuant to	833
division (F) of section 3317.023 of the Revised Code, shall deduct	834
each district's tuition obligations under divisions (C)(2) and (3)	835
of this section or section 3313.65 of the Revised Code and pay to	836
the district of attendance that amount plus any amount required to	837
be paid by the state.	838

(K) In the event of a disagreement, the superintendent of	839
public instruction shall determine the school district in which	840
the parent resides.	841

(L) Nothing in this section requires or authorizes, or shall	842
be construed to require or authorize, the admission to a public	843
school in this state of a pupil who has been permanently excluded	844
from public school attendance by the superintendent of public	845
instruction pursuant to sections 3301.121 and 3313.662 of the	846
Revised Code.	847

(M) In accordance with division (B)(1) of this section, a	848
child whose parent is a member of the national guard or a reserve	849
unit of the armed forces of the United States and is called to	850
active duty, or a child whose parent is a member of the armed	851
forces of the United States and is ordered to a temporary duty	852
assignment outside of the district, may continue to attend school	853
in the district in which the child's parent lived before being	854
called to active duty or ordered to a temporary duty assignment	855
outside of the district, as long as the child's parent continues	856
to be a resident of that district, and regardless of where the	857
child lives as a result of the parent's active duty status or	858
temporary duty assignment. However, the district is not	859
responsible for providing transportation for the child if the	860
child lives outside of the district as a result of the parent's	861
active duty status or temporary duty assignment.	862

Sec. 3332.20. As used in this section, "active duty" means	863
full-time duty in the active military service of the United	864
States, including full-time training duty, annual training duty,	865
and active state duty for members of the national guard.	866

(A) Each institution that holds a certificate of registration	867
from the state board of career colleges and schools under this	868
chapter shall grant a student a military leave of absence from the	869
institution while the student is serving on active duty, and for	870
one year after the conclusion of that service, if the student is a	871
member of the United States national guard or other reserve	872
component of the armed forces of the United States, or a member of	873
those armed forces in a retired status, and is called to active	874
duty. The student shall not suffer an academic penalty as a result	875
of the leave of absence.	876

(B) If requested by a student granted a military leave of	877
absence pursuant to division (A) of this section not later than	878
one year after the student's release from active duty, the	879
institution in which the student is enrolled shall do either of	880
the following, as elected by the student:	881

(1) Credit tuition and fee charges toward a subsequent	882
academic term in an amount that is one hundred per cent of what	883
the student paid the institution for the academic term in which	884
the student withdraws;	885

(2) Refund tuition and fees paid for the academic term,	886
provided the student withdraws before the withdraw date	887
established by the institution. The refund shall equal one hundred	888
per cent of the tuition and fee charges the student paid the	889
institution for the academic term. If the student withdraws after	890
the withdraw date established by the institution, the student is	891
ineligible for a refund of tuition and fee charges. For the	892
purposes of this section, the "withdraw date" shall be the same as	893
the date set by the institution for its general student population	894
to withdraw from the institution or a course or class without	895
academic penalty.	896

(C) If requested by a student granted a military leave of	897
absence pursuant to division (A) of this section not later than	898
one year after the student's release from active duty, the	899
institution shall restore the student to the educational status	900
the student had attained prior to being called to active duty	901
without loss of academic credits earned, scholarships or grants	902
awarded, or tuition and other fees paid prior to the commencement	903
of active duty, except as provided in division (B) of this	904
section.	905

(D) If an institution fails to comply with this section, the	906
student may bring an action against the institution to enforce its	907
provisions in the court of common pleas of the county in which the	908
student resides. If the student resides outside of this state, the	909
action shall be brought in the court of common pleas of the county	910
in which the campus of the institution previously attended by the	911
student is located. The court may award reasonable attorney's fees	912
and expenses if the student prevails in the action.	913

Sec. 3345.53. As used in this section, "active duty" means	914
full-time duty in the active military service of the United	915
States, including full-time training duty, annual training duty,	916
and active state duty for members of the national guard.	917

(A) Each state institution of higher education, as defined in	918
section 3345.011 of the Revised Code, shall grant a student a	919
military leave of absence from the institution while the student	920
is serving on active duty, and for one year after the conclusion	921
of that service, if the student is a member of the United States	922
national guard or other reserve component of the armed forces of	923
the United States, or a member of those armed forces in a retired	924
status, and is called to active duty. The student shall not suffer	925
an academic penalty as a result of the leave of absence.	926

(B) If requested by a student granted a military leave of	927
absence pursuant to division (A) of this section not later than	928
one year after the student's release from active duty, the state	929
institution of higher education in which the student is enrolled	930
shall do either of the following, as elected by the student:	931

(1) Credit tuition and fee charges toward a subsequent	932
academic term in an amount that is one hundred per cent of what	933
the student paid the institution for the academic term in which	934
the student withdraws;	935

(2) Refund tuition and fees paid for the academic term,	936
provided the student withdraws before the withdraw date	937
established by the institution. The refund shall equal one hundred	938
per cent of the tuition and fee charges the student paid the	939
institution for the academic term. If the student withdraws after	940
the withdraw date established by the institution, the student is	941
ineligible for a refund of tuition and fee charges. For the	942
purposes of this section, the "withdraw date" shall be the same as	943
the date set by the institution for its general student population	944
to withdraw from the institution or a course or class without	945
academic penalty.	946

(C) If requested by a student granted a military leave of	947
absence pursuant to division (A) of this section not later than	948
one year after the student's release from active duty, the state	949
institution of higher education shall restore the student to the	950
educational status the student had attained prior to being called	951
to active duty without loss of academic credits earned,	952
scholarships or grants awarded, or tuition and other fees paid	953
prior to the commencement of active duty, except as provided in	954
division (B) of this section.	955

(D) If a state institution of higher education fails to	956
comply with this section, the student may bring an action against	957
the institution to enforce its provisions in the court of claims.	958
The court may award reasonable attorney's fees and expenses if the	959
student prevails in the action.	960

Sec. 3915.053.  (A)(1) Except as provided in division (A)(2)	961
of this section, this section shall apply to any individual life	962
insurance policy insuring the life of a reservist, as defined in	963
section 3923.381 of the Revised Code, who is on active duty	964
pursuant to an executive order of the president of the United	965
States, an act of the congress of the United States, or section	966
5919.29 or 5923.21 of the Revised Code, if the life insurance	967
policy meets both of the following conditions:	968

(a) The policy has been in force for at least one hundred	969
eighty days.	970

(b) The policy has been brought within the "Servicemembers	971
Civil Relief Act," 117 Stat. 2835 (2003), 50 U.S.C. App. 541, et	972
seq.	973

(2) This section does not apply to any policy that was	974
cancelled or that had lapsed for the nonpayment of premiums prior	975
to the commencement of the insured's period of military service.	976

(B) An individual life insurance policy described in division	977
(A) of this section shall not lapse or be forfeited for the	978
nonpayment of premiums during a reservist's period of military	979
service or during the two-year period subsequent to the end of the	980
reservist's period of military service.	981

(C) This section does not limit a life insurance company's	982
enforcement of provisions in the insured's policy relating to	983
naval or military service in time of war.	984

Sec. 4933.12.  (A) Except as provided in division (C) of this	985
section and division (E) of section 5117.11 of the Revised Code,	986
if any person supplied with gas neglects or refuses to pay the	987
amount due for suchthe gas or for rent of articles hired by him	988
the person from a natural gas company or a gas company, the	989
company may stop the gas from entering the premises of suchthe	990
person. In such cases, after twenty-four hours' notice, the	991
officers, servants, or workers of the company may enter the	992
premises of such persons, between eight a.m. and four p.m., take	993
away such property of the company, and disconnect any meter from	994
the mains or pipes of the company.	995

(B) The company shall not refuse to furnish gas on account of	996
arrearages due it for gas furnished to persons formerly receiving	997
services at the premises as customers of the company, provided the	998
former customers are not continuing to reside at suchthe	999
premises.	1000

(C) The company shall not, for any reason, unless required by	1001
the consumer, for safety reasons, or unless tampering with utility	1002
company equipment or theft of gas or utility company equipment has	1003
occurred, stop gas from entering the premises of any residential	1004
consumer for the period beginning on the fifteenth day of November	1005
and ending on the fifteenth day of the following April, unless	1006
both of the following apply:	1007

(1) The account of the consumer is in arrears thirty days or	1008
more;.	1009

(2) WhereIf the occupant of residential premises is a tenant	1010
whose landlord is responsible for payment for the service provided	1011
by the company, the company has, five days previously, notified	1012
the occupant of its intent to discontinue service to himthe	1013
occupant.	1014

(D) No company shall stop the gas from entering any	1015
residential premises between the fifteenth day of November and the	1016
fifteenth day of April because of a failure to pay the amount due	1017
for suchthe gas unless the company, at the time it sends or	1018
delivers to the premises notices of termination, informs the	1019
occupant of the premises where to obtain state and federal aid for	1020
payment of utility bills and for home weatherization and	1021
information on local government aid for payment of utility bills	1022
and for home weatherization.	1023

(E) On or before the first day of November, a county human	1024
services department may request a company to give prior	1025
notification of any residential service terminations to occur	1026
during the period beginning on the fifteenth day of November	1027
immediately following the department's request and ending on the	1028
fifteenth day of the following April. If a department makes such a	1029
written request, at least twenty-four hours before the company	1030
terminates services to a residential customer in the county during	1031
that period for failure to pay the amount due for service, the	1032
company shall provide written notice to the department of the	1033
residential customer whose service the company so intends to	1034
terminate. No company that has received such a request shall	1035
terminate such service during that period unless it has provided	1036
the notice required under this division.	1037

(F) No company shall stop gas from entering the residential	1038
premises of any residential consumer who is deployed on active	1039
duty.	1040

Upon return of a residential consumer from active duty, the	1041
company shall offer the residential consumer a period equal to at	1042
least the period of deployment on active duty to pay any	1043
arrearages incurred during the period of deployment. The company	1044
shall inform the residential consumer that, if the period the	1045
company offers presents a hardship to the consumer, the consumer	1046
may request the assistance of the public utilities commission to	1047
obtain a longer period to pay the arrearages. No late payment fees	1048
or interest shall be charged to the residential consumer during	1049
the period of deployment or the repayment period.	1050

If the company determines that amounts owed by a residential	1051
consumer who is deployed on active duty are uncollectible, the	1052
company may file an application with the public utilities	1053
commission for approval of authority to recover the amounts. The	1054
recovery shall be through a rider on the base rates of customers	1055
of the company or through other means as may be approved by the	1056
commission, provided that any amount approved to be recovered	1057
through a rider or other means shall not be considered by the	1058
commission in any subsequent rate determination.	1059

As used in this division, "active duty" means active duty	1060
pursuant to an executive order of the president of the United	1061
States, an act of the congress of the United States, or section	1062
5919.29 or 5923.21 of the Revised Code.	1063

Sec. 4933.121.  (A) Except as provided in division (E) of	1064
section 5117.11 of the Revised Code, an electric light company	1065
shall not, for any reason, unless requested by the consumer, for	1066
safety reasons, or unless tampering with utility company equipment	1067
or theft of electricity or utility company equipment has occurred,	1068
cease to provide electricity to any residential consumer for the	1069
period beginning on the fifteenth day of November and ending on	1070
the fifteenth day of the following April, unless both of the	1071
following apply:	1072

(1) The account of the consumer is in arrears thirty days or	1073
more;.	1074

(2) WhereIf the occupant of residential premises is a tenant	1075
whose landlord is responsible for payment for the service provided	1076
by the company, the company has, five days previously, notified	1077
the occupant of its intent to discontinue service to himthe	1078
occupant.	1079

(B) The company shall not refuse to furnish electricity on	1080
account of arrearages due it for electricity furnished to persons	1081
formerly receiving services at the premises as customers of the	1082
company, provided the former customers are not continuing to	1083
reside at suchthe premises.	1084

(C) No company shall cease to provide electricity to any	1085
residential premises between the fifteenth day of November and the	1086
fifteenth day of April because of a failure to pay the amount due	1087
for suchthe electricity unless the company, at the time it sends	1088
or delivers to the premises notices of termination, informs the	1089
occupant of the premises where to obtain state and federal aid for	1090
payment of utility bills and for home weatherization and	1091
information on local government aid for payment of utility bills	1092
and for home weatherization.	1093

(D) On or before the first day of November, a county human	1094
services department may request a company to give prior	1095
notification of any residential service terminations to occur	1096
during the period beginning on the fifteenth day of November	1097
immediately following the department's request and ending on the	1098
fifteenth day of the following April. If a department makes such a	1099
written request, at least twenty-four hours before the company	1100
terminates services to a residential customer in the county during	1101
that period for failure to pay the amount due for service, the	1102
company shall provide written notice to the department of the	1103
residential customer whose service the company so intends to	1104
terminate. No company that has received such a request shall	1105
terminate such service during that period unless it has provided	1106
the notice required under this division.	1107

(E) No company shall cease to provide electricity to the	1108
residential premises of any residential consumer who is deployed	1109
on active duty.	1110

Upon return of a residential consumer from active duty, the	1111
company shall offer the residential consumer a period equal to at	1112
least the period of deployment on active duty to pay any	1113
arrearages incurred during the period of deployment. The company	1114
shall inform the residential consumer that, if the period the	1115
company offers presents a hardship to the consumer, the consumer	1116
may request the assistance of the public utilities commission to	1117
obtain a longer period to pay the arrearages. No late payment fees	1118
or interest shall be charged to the residential consumer during	1119
the period of deployment or the repayment period.	1120

If the company determines that amounts owed by a residential	1121
consumer who is deployed on active duty are uncollectible, the	1122
company may file an application with the public utilities	1123
commission for approval of authority to recover the amounts. The	1124
recovery shall be through a rider on the base rates of customers	1125
of the company or through other means as may be approved by the	1126
commission, provided that any amount approved to be recovered	1127
through a rider or other means shall not be considered by the	1128
commission in any subsequent rate determination.	1129

As used in this division, "active duty" means active duty	1130
pursuant to an executive order of the president of the United	1131
States, an act of the congress of the United States, or section	1132
5919.29 or 5923.21 of the Revised Code.	1133

Section 2. That existing sections 125.021, 1317.06, 1317.061,	1134
1349.99, 3313.64, 4933.12, and 4933.121 of the Revised Code are	1135
hereby repealed.	1136