As Reported by the Senate State and Local Government and Veterans Affairs Committee

125th General Assembly Regular Session 2003-2004

Sub. H. B. No. 426

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 

Senators Mumper, Roberts, Schuring 

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A BILL

To amend sections 125.021, 3313.64, 4933.12, and

1

4933.121 and to enact sections 317.322, 1343.031,

2

1349.02, 1349.03, 1713.60, 1923.062, 3332.20,

3

3345.53, and 3915.053 of the Revised Code to

4

prohibit certain creditors from charging or

5

collecting interest or finance charges exceeding

6

six per cent per annum on specified obligations of

7

persons who are deployed on active duty; to permit

8

a child whose parent is deployed on active duty to

9

continue to attend school in the district in which

10

the child's parent lived before being called to

11

active military duty; to permit a child living

12

with an agent of the child's parent appointed

13

under a military power of attorney or a comparable

14

document to attend school in the school district

15

in which the agent resides; to exempt members of

16

the armed forces of the United States from any

17

recording fee associated with filing a military

18

power of attorney with the county recorder; to

19

provide under certain circumstances a tenant or

20

resident who is deployed on active duty or a

21

member of his or her immediate family with a stay

22

of proceedings or an adjustment of their rental

23

obligation in an action for possession of

24

residential premises under the Eviction Law; to

25

ensure that individual life insurance policies

26

continue in force despite nonpayment of premiums

27

during the insured's period of active duty; to

28

prohibit a gas or electric company from

29

disconnecting service to the residential premises

30

of any consumer who is deployed on active duty; to

31

allow gas and electric companies to recover

32

arrearages incurred during a period of deployment

33

in a specified time period and a specified manner

34

and certain of those companies to recover certain

35

uncollectible amounts owed by residential

36

customers deployed on active duty through a

37

recovery procedure approved by the Public

38

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 allow 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, 3313.64, 4933.12, and	54
4933.121 be amended and sections 317.322, 1343.031, 1349.02,	55
1349.03, 1713.60, 1923.062, 3332.20, 3345.53, and 3915.053 of the	56
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

(2) The department of administrative services may enter into	78
a contract to purchase bulk long distance telephone services and	79
make them available at cost, or may make bulk long distance	80
telephone services available at cost under any existing contract	81
the department has entered into, to members of the immediate	82
family of persons deployed on active duty so that those family	83
members can communicate with the persons so deployed. If the	84
department enters contracts under division (B)(2) of this section	85
it shall do so in accordance with sections 125.01 to 125.11 of the	86
Revised Code and in a nondiscriminatory manner that does not place	87
any potential vendor at a competitive disadvantage.	88

(3) If the department decides to exercise either option under	89
division (B)(2) of this section, it shall adopt, and may amend,	90
rules under Chapter 119. of the Revised Code to implement that	91
division.	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. 1343.031. (A) As used in this section:

100

(1) "Active duty" means active duty pursuant to an executive	101
order of the president of the United States, an act of the	102
congress of the United States, or section 5919.29 or 5923.21 of	103
the Revised Code.	104

(2) "Obligation" means any retail installment sales contract,	105
other contract for the purchase of goods or services, or bond,	106
bill, note, or other instrument of writing for the payment of	107
money arising out of a contract or other transaction for the	108
purchase of goods or services.	109

(B) Notwithstanding any contrary provision of the Revised	110
Code, no creditor in connection with an obligation entered into on	111
or after the effective date of this section shall charge or	112
collect from a person, or spouse of a person, who is deployed on	113
active duty interest or finance charges exceeding six per cent per	114
annum during the period that the person is deployed on active	115
duty.	116

(C) Notwithstanding any contrary provision of the Revised	117
Code, interest or finance charges in excess of six per cent per	118
annum that otherwise would be incurred but for the prohibition in	119
division (B) of this section are forgiven.	120

(D) The amount of any periodic payment due from a person, or	121
spouse of a person, who is deployed on active duty under the terms	122
of the obligation shall be reduced by the amount of the interest	123
and finance charges forgiven under division (C) of this section	124
that is allocable to the period for which the periodic payment is	125
made.	126

(E) In order for an obligation to be subject to the interest	127
and finance charges limitation of this section, the person, or	128
spouse of the person, deployed on active duty shall provide the	129
creditor with written notice of and a copy of the military or	130
gubernatorial orders calling the person to active duty and of any	131
orders further extending active duty, not later than one hundred	132
eighty days after the date of the person's termination of or	133
release from active duty.	134

(F) Upon receipt of the written notice and a copy of the	135
orders referred to in division (E) of this section, the creditor	136
shall treat the obligation in accordance with division (B) of this	137
section, effective as of the date on which the person is deployed	138
to active duty.	139

(G) A court may grant a creditor relief from the interest and	140
finance charges limitation of this section, if, in the opinion of	141
the court, the ability of the person, or spouse of the person,	142
deployed on active duty to pay interest or finance charges with	143
respect to the obligation at a rate in excess of six per cent per	144
annum is not materially affected by reason of the person's	145
deployment on active duty.	146

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

147

(1) "Active duty" means active duty pursuant to an executive	148
order of the president of the United States, an act of the	149
congress of the United States, or section 5919.29 or 5923.21 of	150
the Revised Code.	151

(2) "Motor vehicle" means any automobile, car minivan,	152
passenger van, sport utility vehicle, pickup truck, or other	153
self-propelled vehicle not operated or driven on fixed rails or	154
track.	155

(B) Any person, or spouse of a person, who is deployed on	156
active duty may terminate any motor vehicle lease that meets both	157
of the following requirements:	158

(1) It is entered into on or after the effective date of this	159
section.	160

(2) It is executed by or on behalf of the person who is	161
deployed on active duty.	162

(C) Termination of the motor vehicle lease shall not be	163
effective until:	164

(1) The person who is deployed on active duty or the person's	165
spouse gives notice by certified mail, return receipt requested,	166
of the intention to terminate the lease; and	167

(2) The motor vehicle subject to the lease is returned to the	168
custody or control of the lessor not later than fifteen days after	169
the delivery of the written notice.	170

(D) Lease amounts unpaid for the period preceding the	171
effective date of the lease's termination shall be paid on a	172
prorated basis. The lessor may not impose an early termination	173
charge, but any taxes, costs of summons, and title or registration	174
fees and any other obligation and liability of the lessee under	175
the terms of the lease, including reasonable charges to the lessee	176
for excess wear, use, and mileage, that are due and unpaid at the	177
time of the lease's termination shall be paid by the lessee.	178

(E) The lessor shall refund to the lessee lease amounts paid	179
in advance for a period after the effective date of the lease's	180
termination within thirty days of the effective date of the	181
lease's termination.	182

(F) Upon application by the lessor to a court before the	183
effective date of the lease's termination, relief granted by this	184
section may be modified as justice and equity require.	185

Sec. 1349.03. (A) As used in this section, "active duty"	186
means active duty pursuant to an executive order of the president	187
of the United States, an act of the congress of the United States,	188
or section 5919.29 or 5923.21 of the Revised Code.	189

(B) Any person, or spouse of a person, who is deployed on	190
active duty may terminate, without penalty, a cellular phone	191
contract that meets both of the following requirements:	192

(1) It is entered into on or after the effective date of this	193
section.	194

(2) It is executed by or on behalf of the person who is	195
deployed on active duty.	196

(C) Termination of the cellular phone contract shall not be	197
effective until:	198

(1) Thirty days after the person who is deployed on active	199
duty or the person's spouse gives notice by certified mail, return	200
receipt requested, of the intention to terminate the cellular	201
phone contract; and	202

(2) Unless the person who is deployed on active duty owns the	203
cellular phone, the cellular phone is returned to the custody or	204
control of the cellular telephone company, or the person who is	205
deployed on active duty or the person's spouse agrees in writing	206
to return the cellular phone as soon as practicable after the	207
deployment is completed.	208

Sec. 1713.60. As used in this section, "active duty" means	209
full-time duty in the active military service of the United	210
States, including full-time training duty, annual training duty,	211
and active state duty for members of the national guard.	212

(A) Each institution of higher education that holds a	213
certificate of authorization issued under this chapter shall grant	214
a student a military leave of absence from the institution while	215
the student is serving on active duty, and for one year after the	216
conclusion of that service, if the student is a member of the	217
United States national guard or other reserve component of the	218
armed forces of the United States, or a member of those armed	219
forces in a retired status, and is called to active duty. The	220
student shall not suffer an academic penalty as a result of the	221
leave of absence.	222

(B) If requested by a student granted a military leave of	223
absence pursuant to division (A) of this section not later than	224
one year after the student's release from active duty, the	225
institution in which the student is enrolled shall do either of	226
the following, as elected by the student:	227

(1) Credit tuition and fee charges toward a subsequent	228
academic term in an amount that is one hundred per cent of what	229
the student paid the institution for the academic term in which	230
the student withdraws;	231

(2) Refund tuition and fees paid for the academic term,	232
provided the student withdraws before the withdraw date	233
established by the institution. The refund shall equal one hundred	234
per cent of the tuition and fee charges the student paid the	235
institution for the academic term. If the student withdraws after	236
the withdraw date established by the institution, the student is	237
ineligible for a refund of tuition and fee charges. For the	238
purposes of this section, the "withdraw date" shall be the same as	239
the date set by the institution for its general student population	240
to withdraw from the institution or a course or class without	241
academic penalty.	242

(C) If requested by a student granted a military leave of	243
absence pursuant to division (A) of this section not later than	244
one year after the student's release from active duty, the	245
institution shall restore the student to the educational status	246
the student had attained prior to being called to active duty	247
without loss of academic credits earned, scholarships or grants	248
awarded, or tuition and other fees paid prior to the commencement	249
of active duty, except as provided in division (B) of this	250
section.	251

(D) If an institution fails to comply with this section, the	252
student may bring an action against the institution to enforce its	253
provisions in the court of common pleas of the county in which the	254
student resides. If the student resides outside of this state, the	255
action shall be brought in the court of common pleas of the county	256
in which the campus of the institution previously attended by the	257
student is located. The court may award reasonable attorney's fees	258
and expenses if the student prevails in the action.	259

Sec. 1923.062.  (A) In an action under this chapter for	260
possession of residential premises of a tenant or manufactured	261
home park resident who is deployed on active duty or of any member	262
of the tenant's or resident's immediate family, if the tenant or	263
resident entered into the rental agreement on or after the	264
effective date of this section, the court may, on its own motion,	265
and shall, upon motion made by or on behalf of the tenant or	266
resident, do either of the following if the tenant's or resident's	267
ability to pay the agreed rent is materially affected by the	268
deployment on active duty:	269

(1) Stay the proceedings for a period of ninety days, unless,	270
in the opinion of the court, justice and equity require a longer	271
or shorter period of time;	272

(2) Adjust the obligation under the rental agreement to	273
preserve the interest of all parties to it.	274

(B) If a stay is granted under division (A) of this section,	275
the court may grant the landlord or park operator such relief as	276
equity may require.	277

(C) This section does not apply to landlords or park	278
operators operating less than four residential premises.	279

(D) As used in this section, "active duty" means active duty	280
pursuant to an executive order of the president of the United	281
States, an act of the congress of the United States, or section	282
5919.29 or 5923.21 of the Revised Code.	283

Sec. 3313.64.  (A) As used in this section and in section	284
3313.65 of the Revised Code:	285

(1)(a) Except as provided in division (A)(1)(b) of this	286
section, "parent" means either parent, unless the parents are	287
separated or divorced or their marriage has been dissolved or	288
annulled, in which case "parent" means the parent who is the	289
residential parent and legal custodian of the child. When a child	290
is in the legal custody of a government agency or a person other	291
than the child's natural or adoptive parent, "parent" means the	292
parent with residual parental rights, privileges, and	293
responsibilities. When a child is in the permanent custody of a	294
government agency or a person other than the child's natural or	295
adoptive parent, "parent" means the parent who was divested of	296
parental rights and responsibilities for the care of the child and	297
the right to have the child live with the parent and be the legal	298
custodian of the child and all residual parental rights,	299
privileges, and responsibilities.	300

(b) When a child is the subject of a power of attorney	301
executed under sections 3109.51 to 3109.62 of the Revised Code,	302
"parent" means the grandparent designated as attorney in fact	303
under the power of attorney. When a child is the subject of a	304
caretaker authorization affidavit executed under sections 3109.64	305
to 3109.73 of the Revised Code, "parent" means the grandparent	306
that executed the affidavit.	307

(2) "Legal custody," "permanent custody," and "residual	308
parental rights, privileges, and responsibilities" have the same	309
meanings as in section 2151.011 of the Revised Code.	310

(3) "School district" or "district" means a city, local, or	311
exempted village school district and excludes any school operated	312
in an institution maintained by the department of youth services.	313

(4) Except as used in division (C)(2) of this section, "home"	314
means a home, institution, foster home, group home, or other	315
residential facility in this state that receives and cares for	316
children, to which any of the following applies:	317

(a) The home is licensed, certified, or approved for such	318
purpose by the state or is maintained by the department of youth	319
services.	320

(b) The home is operated by a person who is licensed,	321
certified, or approved by the state to operate the home for such	322
purpose.	323

(c) The home accepted the child through a placement by a	324
person licensed, certified, or approved to place a child in such a	325
home by the state.	326

(d) The home is a children's home created under section	327
5153.21 or 5153.36 of the Revised Code.	328

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

329

(a) A public children services agency;

330

(b) An organization that holds a certificate issued by the	331
Ohio department of job and family services in accordance with the	332
requirements of section 5103.03 of the Revised Code and assumes	333
temporary or permanent custody of children through commitment,	334
agreement, or surrender, and places children in family homes for	335
the purpose of adoption;	336

(c) Comparable agencies of other states or countries that	337
have complied with applicable requirements of section 2151.39, or	338
sections 5103.20 to 5103.28 of the Revised Code.	339

(6) A child is placed for adoption if either of the following	340
occurs:	341

(a) An agency to which the child has been permanently	342
committed or surrendered enters into an agreement with a person	343
pursuant to section 5103.16 of the Revised Code for the care and	344
adoption of the child.	345

(b) The child's natural parent places the child pursuant to	346
section 5103.16 of the Revised Code with a person who will care	347
for and adopt the child.	348

(7) "Handicapped preschool child" means a handicapped child,	349
as defined by division (A) of section 3323.01 of the Revised Code,	350
who is at least three years of age but is not of compulsory school	351
age, as defined in section 3321.01 of the Revised Code, and who is	352
not currently enrolled in kindergarten.	353

(8) "Child," unless otherwise indicated, includes handicapped	354
preschool children.	355

(9) "Active duty" means active duty pursuant to an executive	356
order of the president of the United States, an act of the	357
congress of the United States, or section 5919.29 or 5923.21 of	358
the Revised Code.	359

(B) Except as otherwise provided in section 3321.01 of the	360
Revised Code for admittance to kindergarten and first grade, a	361
child who is at least five but under twenty-two years of age and	362
any handicapped preschool child shall be admitted to school as	363
provided in this division.	364

(1) A child shall be admitted to the schools of the school	365
district in which the child's parent resides.	366

(2) A child who does not reside in the district where the	367
child's parent resides shall be admitted to the schools of the	368
district in which the child resides if any of the following	369
applies:	370

(a) The child is in the legal or permanent custody of a	371
government agency or a person other than the child's natural or	372
adoptive parent.	373

(b) The child resides in a home.

374

(c) The child requires special education.

375

(3) A child who is not entitled under division (B)(2) of this	376
section to be admitted to the schools of the district where the	377
child resides and who is residing with a resident of this state	378
with whom the child has been placed for adoption shall be admitted	379
to the schools of the district where the child resides unless	380
either of the following applies:	381

(a) The placement for adoption has been terminated.

382

(b) Another school district is required to admit the child	383
under division (B)(1) of this section.	384

Division (B) of this section does not prohibit the board of	385
education of a school district from placing a handicapped child	386
who resides in the district in a special education program outside	387
of the district or its schools in compliance with Chapter 3323. of	388
the Revised Code.	389

(C) A district shall not charge tuition for children admitted	390
under division (B)(1) or (3) of this section. If the district	391
admits a child under division (B)(2) of this section, tuition	392
shall be paid to the district that admits the child as follows:	393

(1) If the child receives special education in accordance	394
with Chapter 3323. of the Revised Code, tuition shall be paid in	395
accordance with section 3323.091, 3323.13, 3323.14, or 3323.141 of	396
the Revised Code regardless of who has custody of the child or	397
whether the child resides in a home.	398

(2) Except as otherwise provided in division (C)(2)(d) of	399
this section, if the child is in the permanent or legal custody of	400
a government agency or person other than the child's parent,	401
tuition shall be paid by:	402

(a) The district in which the child's parent resided at the	403
time the court removed the child from home or at the time the	404
court vested legal or permanent custody of the child in the person	405
or government agency, whichever occurred first;	406

(b) If the parent's residence at the time the court removed	407
the child from home or placed the child in the legal or permanent	408
custody of the person or government agency is unknown, tuition	409
shall be paid by the district in which the child resided at the	410
time the child was removed from home or placed in legal or	411
permanent custody, whichever occurred first;	412

(c) If a school district cannot be established under division	413
(C)(2)(a) or (b) of this section, tuition shall be paid by the	414
district determined as required by section 2151.357 of the Revised	415
Code by the court at the time it vests custody of the child in the	416
person or government agency;	417

(d) If at the time the court removed the child from home or	418
vested legal or permanent custody of the child in the person or	419
government agency, whichever occurred first, one parent was in a	420
residential or correctional facility or a juvenile residential	421
placement and the other parent, if living and not in such a	422
facility or placement, was not known to reside in this state,	423
tuition shall be paid by the district determined under division	424
(D) of section 3313.65 of the Revised Code as the district	425
required to pay any tuition while the parent was in such facility	426
or placement.	427

(3) If the child is not in the permanent or legal custody of	428
a government agency or person other than the child's parent and	429
the child resides in a home, tuition shall be paid by one of the	430
following:	431

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

432

(b) If the child's parent is not a resident of this state,	433
the home in which the child resides.	434

(D) Tuition required to be paid under divisions (C)(2) and	435
(3)(a) of this section shall be computed in accordance with	436
section 3317.08 of the Revised Code. Tuition required to be paid	437
under division (C)(3)(b) of this section shall be computed in	438
accordance with section 3317.081 of the Revised Code. If a home	439
fails to pay the tuition required by division (C)(3)(b) of this	440
section, the board of education providing the education may	441
recover in a civil action the tuition and the expenses incurred in	442
prosecuting the action, including court costs and reasonable	443
attorney's fees. If the prosecuting attorney or city director of	444
law represents the board in such action, costs and reasonable	445
attorney's fees awarded by the court, based upon the prosecuting	446
attorney's, director's, or one of their designee's time spent	447
preparing and presenting the case, shall be deposited in the	448
county or city general fund.	449

(E) A board of education may enroll a child free of any	450
tuition obligation for a period not to exceed sixty days, on the	451
sworn statement of an adult resident of the district that the	452
resident has initiated legal proceedings for custody of the child.	453

(F) In the case of any individual entitled to attend school	454
under this division, no tuition shall be charged by the school	455
district of attendance and no other school district shall be	456
required to pay tuition for the individual's attendance.	457
Notwithstanding division (B), (C), or (E) of this section:	458

(1) All persons at least eighteen but under twenty-two years	459
of age who live apart from their parents, support themselves by	460
their own labor, and have not successfully completed the high	461
school curriculum or the individualized education program	462
developed for the person by the high school pursuant to section	463
3323.08 of the Revised Code, are entitled to attend school in the	464
district in which they reside.	465

(2) Any child under eighteen years of age who is married is	466
entitled to attend school in the child's district of residence.	467

(3) A child is entitled to attend school in the district in	468
which either of the child's parents is employed if the child has a	469
medical condition that may require emergency medical attention.	470
The parent of a child entitled to attend school under division	471
(F)(3) of this section shall submit to the board of education of	472
the district in which the parent is employed a statement from the	473
child's physician certifying that the child's medical condition	474
may require emergency medical attention. The statement shall be	475
supported by such other evidence as the board may require.	476

(4) Any child residing with a person other than the child's	477
parent is entitled, for a period not to exceed twelve months, to	478
attend school in the district in which that person resides if the	479
child's parent files an affidavit with the superintendent of the	480
district in which the person with whom the child is living resides	481
stating all of the following:	482

(a) That the parent is serving outside of the state in the	483
armed services of the United States;	484

(b) That the parent intends to reside in the district upon	485
returning to this state;	486

(c) The name and address of the person with whom the child is	487
living while the parent is outside the state.	488

(5) Any child under the age of twenty-two years who, after	489
the death of a parent, resides in a school district other than the	490
district in which the child attended school at the time of the	491
parent's death is entitled to continue to attend school in the	492
district in which the child attended school at the time of the	493
parent's death for the remainder of the school year, subject to	494
approval of that district board.	495

(6) A child under the age of twenty-two years who resides	496
with a parent who is having a new house built in a school district	497
outside the district where the parent is residing is entitled to	498
attend school for a period of time in the district where the new	499
house is being built. In order to be entitled to such attendance,	500
the parent shall provide the district superintendent with the	501
following:	502

(a) A sworn statement explaining the situation, revealing the	503
location of the house being built, and stating the parent's	504
intention to reside there upon its completion;	505

(b) A statement from the builder confirming that a new house	506
is being built for the parent and that the house is at the	507
location indicated in the parent's statement.	508

(7) A child under the age of twenty-two years residing with a	509
parent who has a contract to purchase a house in a school district	510
outside the district where the parent is residing and who is	511
waiting upon the date of closing of the mortgage loan for the	512
purchase of such house is entitled to attend school for a period	513
of time in the district where the house is being purchased. In	514
order to be entitled to such attendance, the parent shall provide	515
the district superintendent with the following:	516

(a) A sworn statement explaining the situation, revealing the	517
location of the house being purchased, and stating the parent's	518
intent to reside there;	519

(b) A statement from a real estate broker or bank officer	520
confirming that the parent has a contract to purchase the house,	521
that the parent is waiting upon the date of closing of the	522
mortgage loan, and that the house is at the location indicated in	523
the parent's statement.	524

The district superintendent shall establish a period of time	525
not to exceed ninety days during which the child entitled to	526
attend school under division (F)(6) or (7) of this section may	527
attend without tuition obligation. A student attending a school	528
under division (F)(6) or (7) of this section shall be eligible to	529
participate in interscholastic athletics under the auspices of	530
that school, provided the board of education of the school	531
district where the student's parent resides, by a formal action,	532
releases the student to participate in interscholastic athletics	533
at the school where the student is attending, and provided the	534
student receives any authorization required by a public agency or	535
private organization of which the school district is a member	536
exercising authority over interscholastic sports.	537

(8) A child whose parent is a full-time employee of a city,	538
local, or exempted village school district, or of an educational	539
service center, may be admitted to the schools of the district	540
where the child's parent is employed, or in the case of a child	541
whose parent is employed by an educational service center, in the	542
district that serves the location where the parent's job is	543
primarily located, provided the district board of education	544
establishes such an admission policy by resolution adopted by a	545
majority of its members. Any such policy shall take effect on the	546
first day of the school year and the effective date of any	547
amendment or repeal may not be prior to the first day of the	548
subsequent school year. The policy shall be uniformly applied to	549
all such children and shall provide for the admission of any such	550
child upon request of the parent. No child may be admitted under	551
this policy after the first day of classes of any school year.	552

(9) A child who is with the child's parent under the care of	553
a shelter for victims of domestic violence, as defined in section	554
3113.33 of the Revised Code, is entitled to attend school free in	555
the district in which the child is with the child's parent, and no	556
other school district shall be required to pay tuition for the	557
child's attendance in that school district.	558

The enrollment of a child in a school district under this	559
division shall not be denied due to a delay in the school	560
district's receipt of any records required under section 3313.672	561
of the Revised Code or any other records required for enrollment.	562
Any days of attendance and any credits earned by a child while	563
enrolled in a school district under this division shall be	564
transferred to and accepted by any school district in which the	565
child subsequently enrolls. The state board of education shall	566
adopt rules to ensure compliance with this division.	567

(10) Any child under the age of twenty-two years whose parent	568
has moved out of the school district after the commencement of	569
classes in the child's senior year of high school is entitled,	570
subject to the approval of that district board, to attend school	571
in the district in which the child attended school at the time of	572
the parental move for the remainder of the school year and for one	573
additional semester or equivalent term. A district board may also	574
adopt a policy specifying extenuating circumstances under which a	575
student may continue to attend school under division (F)(10) of	576
this section for an additional period of time in order to	577
successfully complete the high school curriculum for the	578
individualized education program developed for the student by the	579
high school pursuant to section 3323.08 of the Revised Code.	580

(11) As used in this division, "grandparent" means a parent	581
of a parent of a child. A child under the age of twenty-two years	582
who is in the custody of the child's parent, resides with a	583
grandparent, and does not require special education is entitled to	584
attend the schools of the district in which the child's	585
grandparent resides, provided that, prior to such attendance in	586
any school year, the board of education of the school district in	587
which the child's grandparent resides and the board of education	588
of the school district in which the child's parent resides enter	589
into a written agreement specifying that good cause exists for	590
such attendance, describing the nature of this good cause, and	591
consenting to such attendance.	592

In lieu of a consent form signed by a parent, a board of	593
education may request the grandparent of a child attending school	594
in the district in which the grandparent resides pursuant to	595
division (F)(11) of this section to complete any consent form	596
required by the district, including any authorization required by	597
sections 3313.712, 3313.713, and 3313.716 of the Revised Code.	598
Upon request, the grandparent shall complete any consent form	599
required by the district. A school district shall not incur any	600
liability solely because of its receipt of a consent form from a	601
grandparent in lieu of a parent.	602

Division (F)(11) of this section does not create, and shall	603
not be construed as creating, a new cause of action or substantive	604
legal right against a school district, a member of a board of	605
education, or an employee of a school district. This section does	606
not affect, and shall not be construed as affecting, any	607
immunities from defenses to tort liability created or recognized	608
by Chapter 2744. of the Revised Code for a school district,	609
member, or employee.	610

(12) A child under the age of twenty-two years is entitled to	611
attend school in a school district other than the district in	612
which the child is entitled to attend school under division (B),	613
(C), or (E) of this section provided that, prior to such	614
attendance in any school year, both of the following occur:	615

(a) The superintendent of the district in which the child is	616
entitled to attend school under division (B), (C), or (E) of this	617
section contacts the superintendent of another district for	618
purposes of this division;	619

(b) The superintendents of both districts enter into a	620
written agreement that consents to the attendance and specifies	621
that the purpose of such attendance is to protect the student's	622
physical or mental well-being or to deal with other extenuating	623
circumstances deemed appropriate by the superintendents.	624

While an agreement is in effect under this division for a	625
student who is not receiving special education under Chapter 3323.	626
of the Revised Code and notwithstanding Chapter 3327. of the	627
Revised Code, the board of education of neither school district	628
involved in the agreement is required to provide transportation	629
for the student to and from the school where the student attends.	630

A student attending a school of a district pursuant to this	631
division shall be allowed to participate in all student	632
activities, including interscholastic athletics, at the school	633
where the student is attending on the same basis as any student	634
who has always attended the schools of that district while of	635
compulsory school age.	636

(13) All school districts shall comply with the	637
"McKinney-Vento Homeless Assistance Act," 42 U.S.C.A. 11431 et	638
seq., for the education of homeless children. Each city, local,	639
and exempted village school district shall comply with the	640
requirements of that act governing the provision of a free,	641
appropriate public education, including public preschool, to each	642
homeless child.	643

When a child loses permanent housing and becomes a homeless	644
person, as defined in 42 U.S.C.A. 11481(5), or when a child who is	645
such a homeless person changes temporary living arrangements, the	646
child's parent or guardian shall have the option of enrolling the	647
child in either of the following:	648

(a) The child's school of origin, as defined in 42 U.S.C.A.	649
11432(g)(3)(C);	650

(b) The school that is operated by the school district in	651
which the shelter where the child currently resides is located and	652
that serves the geographic area in which the shelter is located.	653

(14) A child under the age of twenty-two years who resides	654
with a person other than the child's parent is entitled to attend	655
school in the school district in which that person resides if both	656
of the following apply:	657

(a) That person has been appointed, through a military power	658
of attorney executed under section 574(a) of the "National Defense	659
Authorization Act for Fiscal Year 1994," 107 Stat. 1674 (1993), 10	660
U.S.C. 1044b, or through a comparable document necessary to	661
complete a family care plan, as the parent's agent for the care,	662
custody, and control of the child while the parent is on active	663
duty as a member of the national guard or a reserve unit of the	664
armed forces of the United States or because the parent is a	665
member of the armed forces of the United States and is on a duty	666
assignment away from the parent's residence.	667

(b) The military power of attorney or comparable document	668
includes at least the authority to enroll the child in school.	669

The entitlement to attend school in the district in which the	670
parent's agent under the military power of attorney or comparable	671
document resides applies until the end of the school year in which	672
the military power of attorney or comparable document expires.	673

(G) A board of education, after approving admission, may	674
waive tuition for students who will temporarily reside in the	675
district and who are either of the following:	676

(1) Residents or domiciliaries of a foreign nation who	677
request admission as foreign exchange students;	678

(2) Residents or domiciliaries of the United States but not	679
of Ohio who request admission as participants in an exchange	680
program operated by a student exchange organization.	681

(H) Pursuant to sections 3311.211, 3313.90, 3319.01, 3323.04,	682
3327.04, and 3327.06 of the Revised Code, a child may attend	683
school or participate in a special education program in a school	684
district other than in the district where the child is entitled to	685
attend school under division (B) of this section.	686

(I)(1) Notwithstanding anything to the contrary in this	687
section or section 3313.65 of the Revised Code, a child under	688
twenty-two years of age may attend school in the school district	689
in which the child, at the end of the first full week of October	690
of the school year, was entitled to attend school as otherwise	691
provided under this section or section 3313.65 of the Revised	692
Code, if at that time the child was enrolled in the schools of the	693
district but since that time the child or the child's parent has	694
relocated to a new address located outside of that school district	695
and within the same county as the child's or parent's address	696
immediately prior to the relocation. The child may continue to	697
attend school in the district, and at the school to which the	698
child was assigned at the end of the first full week of October of	699
the current school year, for the balance of the school year.	700
Division (I)(1) of this section applies only if both of the	701
following conditions are satisfied:	702

(a) The board of education of the school district in which	703
the child was entitled to attend school at the end of the first	704
full week in October and of the district to which the child or	705
child's parent has relocated each has adopted a policy to enroll	706
children described in division (I)(1) of this section.	707

(b) The child's parent provides written notification of the	708
relocation outside of the school district to the superintendent of	709
each of the two school districts.	710

(2) At the beginning of the school year following the school	711
year in which the child or the child's parent relocated outside of	712
the school district as described in division (I)(1) of this	713
section, the child is not entitled to attend school in the school	714
district under that division.	715

(3) Any person or entity owing tuition to the school district	716
on behalf of the child at the end of the first full week in	717
October, as provided in division (C) of this section, shall	718
continue to owe such tuition to the district for the child's	719
attendance under division (I)(1) of this section for the lesser of	720
the balance of the school year or the balance of the time that the	721
child attends school in the district under division (I)(1) of this	722
section.	723

(4) A pupil who may attend school in the district under	724
division (I)(1) of this section shall be entitled to	725
transportation services pursuant to an agreement between the	726
district and the district in which the child or child's parent has	727
relocated unless the districts have not entered into such	728
agreement, in which case the child shall be entitled to	729
transportation services in the same manner as a pupil attending	730
school in the district under interdistrict open enrollment as	731
described in division (H) of section 3313.981 of the Revised Code,	732
regardless of whether the district has adopted an open enrollment	733
policy as described in division (B)(1)(b) or (c) of section	734
3313.98 of the Revised Code.	735

(J) This division does not apply to a child receiving special	736
education.	737

A school district required to pay tuition pursuant to	738
division (C)(2) or (3) of this section or section 3313.65 of the	739
Revised Code shall have an amount deducted under division (F) of	740
section 3317.023 of the Revised Code equal to its own tuition rate	741
for the same period of attendance. A school district entitled to	742
receive tuition pursuant to division (C)(2) or (3) of this section	743
or section 3313.65 of the Revised Code shall have an amount	744
credited under division (F) of section 3317.023 of the Revised	745
Code equal to its own tuition rate for the same period of	746
attendance. If the tuition rate credited to the district of	747
attendance exceeds the rate deducted from the district required to	748
pay tuition, the department of education shall pay the district of	749
attendance the difference from amounts deducted from all	750
districts' payments under division (F) of section 3317.023 of the	751
Revised Code but not credited to other school districts under such	752
division and from appropriations made for such purpose. The	753
treasurer of each school district shall, by the fifteenth day of	754
January and July, furnish the superintendent of public instruction	755
a report of the names of each child who attended the district's	756
schools under divisions (C)(2) and (3) of this section or section	757
3313.65 of the Revised Code during the preceding six calendar	758
months, the duration of the attendance of those children, the	759
school district responsible for tuition on behalf of the child,	760
and any other information that the superintendent requires.	761

Upon receipt of the report the superintendent, pursuant to	762
division (F) of section 3317.023 of the Revised Code, shall deduct	763
each district's tuition obligations under divisions (C)(2) and (3)	764
of this section or section 3313.65 of the Revised Code and pay to	765
the district of attendance that amount plus any amount required to	766
be paid by the state.	767

(K) In the event of a disagreement, the superintendent of	768
public instruction shall determine the school district in which	769
the parent resides.	770

(L) Nothing in this section requires or authorizes, or shall	771
be construed to require or authorize, the admission to a public	772
school in this state of a pupil who has been permanently excluded	773
from public school attendance by the superintendent of public	774
instruction pursuant to sections 3301.121 and 3313.662 of the	775
Revised Code.	776

(M) In accordance with division (B)(1) of this section, a	777
child whose parent is a member of the national guard or a reserve	778
unit of the armed forces of the United States and is called to	779
active duty, or a child whose parent is a member of the armed	780
forces of the United States and is ordered to a temporary duty	781
assignment outside of the district, may continue to attend school	782
in the district in which the child's parent lived before being	783
called to active duty or ordered to a temporary duty assignment	784
outside of the district, as long as the child's parent continues	785
to be a resident of that district, and regardless of where the	786
child lives as a result of the parent's active duty status or	787
temporary duty assignment. However, the district is not	788
responsible for providing transportation for the child if the	789
child lives outside of the district as a result of the parent's	790
active duty status or temporary duty assignment.	791

Sec. 3332.20. As used in this section, "active duty" means	792
full-time duty in the active military service of the United	793
States, including full-time training duty, annual training duty,	794
and active state duty for members of the national guard.	795

(A) Each institution that holds a certificate of registration	796
from the state board of career colleges and schools under this	797
chapter shall grant a student a military leave of absence from the	798
institution while the student is serving on active duty, and for	799
one year after the conclusion of that service, if the student is a	800
member of the United States national guard or other reserve	801
component of the armed forces of the United States, or a member of	802
those armed forces in a retired status, and is called to active	803
duty. The student shall not suffer an academic penalty as a result	804
of the leave of absence.	805

(B) If requested by a student granted a military leave of	806
absence pursuant to division (A) of this section not later than	807
one year after the student's release from active duty, the	808
institution in which the student is enrolled shall do either of	809
the following, as elected by the student:	810

(1) Credit tuition and fee charges toward a subsequent	811
academic term in an amount that is one hundred per cent of what	812
the student paid the institution for the academic term in which	813
the student withdraws;	814

(2) Refund tuition and fees paid for the academic term,	815
provided the student withdraws before the withdraw date	816
established by the institution. The refund shall equal one hundred	817
per cent of the tuition and fee charges the student paid the	818
institution for the academic term. If the student withdraws after	819
the withdraw date established by the institution, the student is	820
ineligible for a refund of tuition and fee charges. For the	821
purposes of this section, the "withdraw date" shall be the same as	822
the date set by the institution for its general student population	823
to withdraw from the institution or a course or class without	824
academic penalty.	825

(C) If requested by a student granted a military leave of	826
absence pursuant to division (A) of this section not later than	827
one year after the student's release from active duty, the	828
institution shall restore the student to the educational status	829
the student had attained prior to being called to active duty	830
without loss of academic credits earned, scholarships or grants	831
awarded, or tuition and other fees paid prior to the commencement	832
of active duty, except as provided in division (B) of this	833
section.	834

(D) If an institution fails to comply with this section, the	835
student may bring an action against the institution to enforce its	836
provisions in the court of common pleas of the county in which the	837
student resides. If the student resides outside of this state, the	838
action shall be brought in the court of common pleas of the county	839
in which the campus of the institution previously attended by the	840
student is located. The court may award reasonable attorney's fees	841
and expenses if the student prevails in the action.	842

Sec. 3345.53. As used in this section, "active duty" means	843
full-time duty in the active military service of the United	844
States, including full-time training duty, annual training duty,	845
and active state duty for members of the national guard.	846

(A) Each state institution of higher education, as defined in	847
section 3345.011 of the Revised Code, shall grant a student a	848
military leave of absence from the institution while the student	849
is serving on active duty, and for one year after the conclusion	850
of that service, if the student is a member of the United States	851
national guard or other reserve component of the armed forces of	852
the United States, or a member of those armed forces in a retired	853
status, and is called to active duty. The student shall not suffer	854
an academic penalty as a result of the leave of absence.	855

(B) If requested by a student granted a military leave of	856
absence pursuant to division (A) of this section not later than	857
one year after the student's release from active duty, the state	858
institution of higher education in which the student is enrolled	859
shall do either of the following, as elected by the student:	860

(1) Credit tuition and fee charges toward a subsequent	861
academic term in an amount that is one hundred per cent of what	862
the student paid the institution for the academic term in which	863
the student withdraws;	864

(2) Refund tuition and fees paid for the academic term,	865
provided the student withdraws before the withdraw date	866
established by the institution. The refund shall equal one hundred	867
per cent of the tuition and fee charges the student paid the	868
institution for the academic term. If the student withdraws after	869
the withdraw date established by the institution, the student is	870
ineligible for a refund of tuition and fee charges. For the	871
purposes of this section, the "withdraw date" shall be the same as	872
the date set by the institution for its general student population	873
to withdraw from the institution or a course or class without	874
academic penalty.	875

(C) If requested by a student granted a military leave of	876
absence pursuant to division (A) of this section not later than	877
one year after the student's release from active duty, the state	878
institution of higher education shall restore the student to the	879
educational status the student had attained prior to being called	880
to active duty without loss of academic credits earned,	881
scholarships or grants awarded, or tuition and other fees paid	882
prior to the commencement of active duty, except as provided in	883
division (B) of this section.	884

(D) If a state institution of higher education fails to	885
comply with this section, the student may bring an action against	886
the institution to enforce its provisions in the court of claims.	887
The court may award reasonable attorney's fees and expenses if the	888
student prevails in the action.	889

Sec. 3915.053.  (A)(1) Except as provided in division (A)(2)	890
of this section, this section shall apply to any individual life	891
insurance policy insuring the life of a reservist, as defined in	892
section 3923.381 of the Revised Code, who is on active duty	893
pursuant to an executive order of the president of the United	894
States, an act of the congress of the United States, or section	895
5919.29 or 5923.21 of the Revised Code, if the life insurance	896
policy meets both of the following conditions:	897

(a) The policy has been in force for at least one hundred	898
eighty days.	899

(b) The policy has been brought within the "Servicemembers	900
Civil Relief Act," 117 Stat. 2835 (2003), 50 U.S.C. App. 541, et	901
seq.	902

(2) This section does not apply to any policy that was	903
cancelled or that had lapsed for the nonpayment of premiums prior	904
to the commencement of the insured's period of military service.	905

(B) An individual life insurance policy described in division	906
(A) of this section shall not lapse or be forfeited for the	907
nonpayment of premiums during a reservist's period of military	908
service or during the two-year period subsequent to the end of the	909
reservist's period of military service.	910

(C) This section does not limit a life insurance company's	911
enforcement of provisions in the insured's policy relating to	912
naval or military service in time of war.	913

Sec. 4933.12.  (A) Except as provided in division (C) of this	914
section and division (E) of section 5117.11 of the Revised Code,	915
if any person supplied with gas neglects or refuses to pay the	916
amount due for suchthe gas or for rent of articles hired by him	917
the person from a natural gas company or a gas company, the	918
company may stop the gas from entering the premises of suchthe	919
person. In such cases, after twenty-four hours' notice, the	920
officers, servants, or workers of the company may enter the	921
premises of such persons, between eight a.m. and four p.m., take	922
away such property of the company, and disconnect any meter from	923
the mains or pipes of the company.	924

(B) The company shall not refuse to furnish gas on account of	925
arrearages due it for gas furnished to persons formerly receiving	926
services at the premises as customers of the company, provided the	927
former customers are not continuing to reside at suchthe	928
premises.	929

(C) The company shall not, for any reason, unless required by	930
the consumer, for safety reasons, or unless tampering with utility	931
company equipment or theft of gas or utility company equipment has	932
occurred, stop gas from entering the premises of any residential	933
consumer for the period beginning on the fifteenth day of November	934
and ending on the fifteenth day of the following April, unless	935
both of the following apply:	936

(1) The account of the consumer is in arrears thirty days or	937
more;.	938

(2) WhereIf the occupant of residential premises is a tenant	939
whose landlord is responsible for payment for the service provided	940
by the company, the company has, five days previously, notified	941
the occupant of its intent to discontinue service to himthe	942
occupant.	943

(D) No company shall stop the gas from entering any	944
residential premises between the fifteenth day of November and the	945
fifteenth day of April because of a failure to pay the amount due	946
for suchthe gas unless the company, at the time it sends or	947
delivers to the premises notices of termination, informs the	948
occupant of the premises where to obtain state and federal aid for	949
payment of utility bills and for home weatherization and	950
information on local government aid for payment of utility bills	951
and for home weatherization.	952

(E) On or before the first day of November, a county human	953
services department may request a company to give prior	954
notification of any residential service terminations to occur	955
during the period beginning on the fifteenth day of November	956
immediately following the department's request and ending on the	957
fifteenth day of the following April. If a department makes such a	958
written request, at least twenty-four hours before the company	959
terminates services to a residential customer in the county during	960
that period for failure to pay the amount due for service, the	961
company shall provide written notice to the department of the	962
residential customer whose service the company so intends to	963
terminate. No company that has received such a request shall	964
terminate such service during that period unless it has provided	965
the notice required under this division.	966

(F) No company shall stop gas from entering the residential	967
premises of any residential consumer who is deployed on active	968
duty for nonpayment for gas supplied to the residential premises.	969

Upon return of a residential consumer from active duty, the	970
company shall offer the residential consumer a period equal to at	971
least the period of deployment on active duty to pay any	972
arrearages incurred during the period of deployment. The company	973
shall inform the residential consumer that, if the period the	974
company offers presents a hardship to the consumer, the consumer	975
may request a longer period to pay the arrearages and, in the case	976
of a company that is a public utility as defined in section	977
4905.02 of the Revised Code, may request the assistance of the	978
public utilities commission to obtain a longer period. No late	979
payment fees or interest shall be charged to the residential	980
consumer during the period of deployment or the repayment period.	981

If a company that is a public utility determines that amounts	982
owed by a residential consumer who is deployed on active duty are	983
uncollectible, the company may file an application with the public	984
utilities commission for approval of authority to recover the	985
amounts. The recovery shall be through a rider on the base rates	986
of customers of the company or through other means as may be	987
approved by the commission, provided that any amount approved to	988
be recovered through a rider or other means shall not be	989
considered by the commission in any subsequent rate determination.	990

As used in this division, "active duty" means active duty	991
pursuant to an executive order of the president of the United	992
States, an act of the congress of the United States, or section	993
5919.29 or 5923.21 of the Revised Code.	994

Sec. 4933.121.  (A) Except as provided in division (E) of	995
section 5117.11 of the Revised Code, an electric light company	996
shall not, for any reason, unless requested by the consumer, for	997
safety reasons, or unless tampering with utility company equipment	998
or theft of electricity or utility company equipment has occurred,	999
cease to provide electricity to any residential consumer for the	1000
period beginning on the fifteenth day of November and ending on	1001
the fifteenth day of the following April, unless both of the	1002
following apply:	1003

(1) The account of the consumer is in arrears thirty days or	1004
more;.	1005

(2) WhereIf the occupant of residential premises is a tenant	1006
whose landlord is responsible for payment for the service provided	1007
by the company, the company has, five days previously, notified	1008
the occupant of its intent to discontinue service to himthe	1009
occupant.	1010

(B) The company shall not refuse to furnish electricity on	1011
account of arrearages due it for electricity furnished to persons	1012
formerly receiving services at the premises as customers of the	1013
company, provided the former customers are not continuing to	1014
reside at suchthe premises.	1015

(C) No company shall cease to provide electricity to any	1016
residential premises between the fifteenth day of November and the	1017
fifteenth day of April because of a failure to pay the amount due	1018
for suchthe electricity unless the company, at the time it sends	1019
or delivers to the premises notices of termination, informs the	1020
occupant of the premises where to obtain state and federal aid for	1021
payment of utility bills and for home weatherization and	1022
information on local government aid for payment of utility bills	1023
and for home weatherization.	1024

(D) On or before the first day of November, a county human	1025
services department may request a company to give prior	1026
notification of any residential service terminations to occur	1027
during the period beginning on the fifteenth day of November	1028
immediately following the department's request and ending on the	1029
fifteenth day of the following April. If a department makes such a	1030
written request, at least twenty-four hours before the company	1031
terminates services to a residential customer in the county during	1032
that period for failure to pay the amount due for service, the	1033
company shall provide written notice to the department of the	1034
residential customer whose service the company so intends to	1035
terminate. No company that has received such a request shall	1036
terminate such service during that period unless it has provided	1037
the notice required under this division.	1038

(E) No company shall cease to provide electricity to the	1039
residential premises of any residential consumer who is deployed	1040
on active duty for nonpayment for electricity provided to the	1041
residential premises.	1042

Upon return of a residential consumer from active duty, the	1043
company shall offer the residential consumer a period equal to at	1044
least the period of deployment on active duty to pay any	1045
arrearages incurred during the period of deployment. The company	1046
shall inform the residential consumer that, if the period the	1047
company offers presents a hardship to the consumer, the consumer	1048
may request a longer period to pay the arrearages and, in the case	1049
of a company that is a public utility as defined in section	1050
4905.02 of the Revised Code, may request the assistance of the	1051
public utilities commission to obtain a longer period. No late	1052
payment fees or interest shall be charged to the residential	1053
consumer during the period of deployment or the repayment period.	1054

If a company that is a public utility determines that amounts	1055
owed by a residential consumer who is deployed on active duty are	1056
uncollectible, the company may file an application with the public	1057
utilities commission for approval of authority to recover the	1058
amounts. The recovery shall be through a rider on the base rates	1059
of customers of the company or through other means as may be	1060
approved by the commission, provided that any amount approved to	1061
be recovered through a rider or other means shall not be	1062
considered by the commission in any subsequent rate determination.	1063

As used in this division, "active duty" means active duty	1064
pursuant to an executive order of the president of the United	1065
States, an act of the congress of the United States, or section	1066
5919.29 or 5923.21 of the Revised Code.	1067

Section 2. That existing sections 125.021, 3313.64, 4933.12,	1068
and 4933.121 of the Revised Code are hereby repealed.	1069