As Introduced

127th General Assembly Regular Session 2007-2008

S. B. No. 248

Senator Austria 

Cosponsors: Senators Boccieri, Buehrer, Carey, Cates, Coughlin, Faber, Gardner, Harris, Jacobson, Mason, Mumper, Padgett, Schaffer, Schuring, Spada, Smith 

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A BILL

To amend sections 149.43, 317.24, 317.27, 1315.39,

1

1315.41, 2313.16, 2921.22, and 3345.01 and to

2

enact sections 2741.99, 3333.42, 3345.52, and

3

5913.11 of the Revised Code to exempt certain

4

armed forces discharges from inspection or

5

copying as a public record, to prohibit failing

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to report the unauthorized use of certain

7

electronic property to law enforcement

8

authorities, to create restrictions for

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check-cashing businesses when making a loan to

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certain members of the military, to excuse certain

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military persons from jury duty, to establish a

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criminal penalty for unlawfully using a deceased

13

military person's persona, to establish tuition

14

benefits for certain military persons, and to

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create the Ohio Military Medal of Distinction and

16

the National Guard Youth Challenge Program Study

17

Committee.

18

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

Section 1. That sections 149.43, 317.24, 317.27, 1315.39,	19
1315.41, 2313.16, 2921.22, and 3345.01 be amended and sections	20
2741.99, 3333.42, 3345.52, and 5913.11 of the Revised Code be	21
enacted to read as follows:	22

Sec. 149.43.  (A) As used in this section:

23

(1) "Public record" means records kept by any public office,	24
including, but not limited to, state, county, city, village,	25
township, and school district units, and records pertaining to the	26
delivery of educational services by an alternative school in this	27
state kept by the nonprofit or for-profit entity operating the	28
alternative school pursuant to section 3313.533 of the Revised	29
Code. "Public record" does not mean any of the following:	30

(a) Medical records;

31

(b) Records pertaining to probation and parole proceedings or	32
to proceedings related to the imposition of community control	33
sanctions and post-release control sanctions;	34

(c) Records pertaining to actions under section 2151.85 and	35
division (C) of section 2919.121 of the Revised Code and to	36
appeals of actions arising under those sections;	37

(d) Records pertaining to adoption proceedings, including the	38
contents of an adoption file maintained by the department of	39
health under section 3705.12 of the Revised Code;	40

(e) Information in a record contained in the putative father	41
registry established by section 3107.062 of the Revised Code,	42
regardless of whether the information is held by the department of	43
job and family services or, pursuant to section 3111.69 of the	44
Revised Code, the office of child support in the department or a	45
child support enforcement agency;	46

(f) Records listed in division (A) of section 3107.42 of the	47
Revised Code or specified in division (A) of section 3107.52 of	48
the Revised Code;	49

(g) Trial preparation records;

50

(h) Confidential law enforcement investigatory records;

51

(i) Records containing information that is confidential under	52
section 2710.03 or 4112.05 of the Revised Code;	53

(j) DNA records stored in the DNA database pursuant to	54
section 109.573 of the Revised Code;	55

(k) Inmate records released by the department of	56
rehabilitation and correction to the department of youth services	57
or a court of record pursuant to division (E) of section 5120.21	58
of the Revised Code;	59

(l) Records maintained by the department of youth services	60
pertaining to children in its custody released by the department	61
of youth services to the department of rehabilitation and	62
correction pursuant to section 5139.05 of the Revised Code;	63

(m) Intellectual property records;

64

(n) Donor profile records;

65

(o) Records maintained by the department of job and family	66
services pursuant to section 3121.894 of the Revised Code;	67

(p) Peace officer, parole officer, prosecuting attorney,	68
assistant prosecuting attorney, correctional employee, youth	69
services employee, firefighter, or EMT residential and familial	70
information;	71

(q) In the case of a county hospital operated pursuant to	72
Chapter 339. of the Revised Code or a municipal hospital operated	73
pursuant to Chapter 749. of the Revised Code, information that	74
constitutes a trade secret, as defined in section 1333.61 of the	75
Revised Code;	76

(r) Information pertaining to the recreational activities of	77
a person under the age of eighteen;	78

(s) Records provided to, statements made by review board	79
members during meetings of, and all work products of a child	80
fatality review board acting under sections 307.621 to 307.629 of	81
the Revised Code, other than the report prepared pursuant to	82
section 307.626 of the Revised Code;	83

(t) Records provided to and statements made by the executive	84
director of a public children services agency or a prosecuting	85
attorney acting pursuant to section 5153.171 of the Revised Code	86
other than the information released under that section;	87

(u) Test materials, examinations, or evaluation tools used in	88
an examination for licensure as a nursing home administrator that	89
the board of examiners of nursing home administrators administers	90
under section 4751.04 of the Revised Code or contracts under that	91
section with a private or government entity to administer;	92

(v) Records the release of which is prohibited by state or	93
federal law;	94

(w) Proprietary information of or relating to any person that	95
is submitted to or compiled by the Ohio venture capital authority	96
created under section 150.01 of the Revised Code;	97

(x) Information reported and evaluations conducted pursuant	98
to section 3701.072 of the Revised Code;	99

(y) Financial statements and data any person submits for any	100
purpose to the Ohio housing finance agency or the controlling	101
board in connection with applying for, receiving, or accounting	102
for financial assistance from the agency, and information that	103
identifies any individual who benefits directly or indirectly from	104
financial assistance from the agency;	105

(z) Discharges recorded with a county recorder under section	106
317.24 of the Revised Code, as specified in division (B)(2) of	107
that section.	108

(2) "Confidential law enforcement investigatory record" means	109
any record that pertains to a law enforcement matter of a	110
criminal, quasi-criminal, civil, or administrative nature, but	111
only to the extent that the release of the record would create a	112
high probability of disclosure of any of the following:	113

(a) The identity of a suspect who has not been charged with	114
the offense to which the record pertains, or of an information	115
source or witness to whom confidentiality has been reasonably	116
promised;	117

(b) Information provided by an information source or witness	118
to whom confidentiality has been reasonably promised, which	119
information would reasonably tend to disclose the source's or	120
witness's identity;	121

(c) Specific confidential investigatory techniques or	122
procedures or specific investigatory work product;	123

(d) Information that would endanger the life or physical	124
safety of law enforcement personnel, a crime victim, a witness, or	125
a confidential information source.	126

(3) "Medical record" means any document or combination of	127
documents, except births, deaths, and the fact of admission to or	128
discharge from a hospital, that pertains to the medical history,	129
diagnosis, prognosis, or medical condition of a patient and that	130
is generated and maintained in the process of medical treatment.	131

(4) "Trial preparation record" means any record that contains	132
information that is specifically compiled in reasonable	133
anticipation of, or in defense of, a civil or criminal action or	134
proceeding, including the independent thought processes and	135
personal trial preparation of an attorney.	136

(5) "Intellectual property record" means a record, other than	137
a financial or administrative record, that is produced or	138
collected by or for faculty or staff of a state institution of	139
higher learning in the conduct of or as a result of study or	140
research on an educational, commercial, scientific, artistic,	141
technical, or scholarly issue, regardless of whether the study or	142
research was sponsored by the institution alone or in conjunction	143
with a governmental body or private concern, and that has not been	144
publicly released, published, or patented.	145

(6) "Donor profile record" means all records about donors or	146
potential donors to a public institution of higher education	147
except the names and reported addresses of the actual donors and	148
the date, amount, and conditions of the actual donation.	149

(7) "Peace officer, parole officer, prosecuting attorney,	150
assistant prosecuting attorney, correctional employee, youth	151
services employee, firefighter, or EMT residential and familial	152
information" means any information that discloses any of the	153
following about a peace officer, parole officer, prosecuting	154
attorney, assistant prosecuting attorney, correctional employee,	155
youth services employee, firefighter, or EMT:	156

(a) The address of the actual personal residence of a peace	157
officer, parole officer, assistant prosecuting attorney,	158
correctional employee, youth services employee, firefighter, or	159
EMT, except for the state or political subdivision in which the	160
peace officer, parole officer, assistant prosecuting attorney,	161
correctional employee, youth services employee, firefighter, or	162
EMT resides;	163

(b) Information compiled from referral to or participation in	164
an employee assistance program;	165

(c) The social security number, the residential telephone	166
number, any bank account, debit card, charge card, or credit card	167
number, or the emergency telephone number of, or any medical	168
information pertaining to, a peace officer, parole officer,	169
prosecuting attorney, assistant prosecuting attorney, correctional	170
employee, youth services employee, firefighter, or EMT;	171

(d) The name of any beneficiary of employment benefits,	172
including, but not limited to, life insurance benefits, provided	173
to a peace officer, parole officer, prosecuting attorney,	174
assistant prosecuting attorney, correctional employee, youth	175
services employee, firefighter, or EMT by the peace officer's,	176
parole officer's, prosecuting attorney's, assistant prosecuting	177
attorney's, correctional employee's, youth services employee's,	178
firefighter's, or EMT's employer;	179

(e) The identity and amount of any charitable or employment	180
benefit deduction made by the peace officer's, parole officer's,	181
prosecuting attorney's, assistant prosecuting attorney's,	182
correctional employee's, youth services employee's, firefighter's,	183
or EMT's employer from the peace officer's, parole officer's,	184
prosecuting attorney's, assistant prosecuting attorney's,	185
correctional employee's, youth services employee's, firefighter's,	186
or EMT's compensation unless the amount of the deduction is	187
required by state or federal law;	188

(f) The name, the residential address, the name of the	189
employer, the address of the employer, the social security number,	190
the residential telephone number, any bank account, debit card,	191
charge card, or credit card number, or the emergency telephone	192
number of the spouse, a former spouse, or any child of a peace	193
officer, parole officer, prosecuting attorney, assistant	194
prosecuting attorney, correctional employee, youth services	195
employee, firefighter, or EMT;	196

(g) A photograph of a peace officer who holds a position or	197
has an assignment that may include undercover or plain clothes	198
positions or assignments as determined by the peace officer's	199
appointing authority.	200

As used in divisions (A)(7) and (B)(9) of this section,	201
"peace officer" has the same meaning as in section 109.71 of the	202
Revised Code and also includes the superintendent and troopers of	203
the state highway patrol; it does not include the sheriff of a	204
county or a supervisory employee who, in the absence of the	205
sheriff, is authorized to stand in for, exercise the authority of,	206
and perform the duties of the sheriff.	207

As used in divisions (A)(7) and (B)(5) of this section,	208
"correctional employee" means any employee of the department of	209
rehabilitation and correction who in the course of performing the	210
employee's job duties has or has had contact with inmates and	211
persons under supervision.	212

As used in divisions (A)(7) and (B)(5) of this section,	213
"youth services employee" means any employee of the department of	214
youth services who in the course of performing the employee's job	215
duties has or has had contact with children committed to the	216
custody of the department of youth services.	217

As used in divisions (A)(7) and (B)(9) of this section,	218
"firefighter" means any regular, paid or volunteer, member of a	219
lawfully constituted fire department of a municipal corporation,	220
township, fire district, or village.	221

As used in divisions (A)(7) and (B)(9) of this section, "EMT"	222
means EMTs-basic, EMTs-I, and paramedics that provide emergency	223
medical services for a public emergency medical service	224
organization. "Emergency medical service organization,"	225
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in	226
section 4765.01 of the Revised Code.	227

(8) "Information pertaining to the recreational activities of	228
a person under the age of eighteen" means information that is kept	229
in the ordinary course of business by a public office, that	230
pertains to the recreational activities of a person under the age	231
of eighteen years, and that discloses any of the following:	232

(a) The address or telephone number of a person under the age	233
of eighteen or the address or telephone number of that person's	234
parent, guardian, custodian, or emergency contact person;	235

(b) The social security number, birth date, or photographic	236
image of a person under the age of eighteen;	237

(c) Any medical record, history, or information pertaining to	238
a person under the age of eighteen;	239

(d) Any additional information sought or required about a	240
person under the age of eighteen for the purpose of allowing that	241
person to participate in any recreational activity conducted or	242
sponsored by a public office or to use or obtain admission	243
privileges to any recreational facility owned or operated by a	244
public office.	245

(9) "Community control sanction" has the same meaning as in	246
section 2929.01 of the Revised Code.	247

(10) "Post-release control sanction" has the same meaning as	248
in section 2967.01 of the Revised Code.	249

(11) "Redaction" means obscuring or deleting any information	250
that is exempt from the duty to permit public inspection or	251
copying from an item that otherwise meets the definition of a	252
"record" in section 149.011 of the Revised Code.	253

(12) "Designee" and "elected official" have the same meanings	254
as in section 109.43 of the Revised Code.	255

(B)(1) Upon request and subject to division (B)(8) of this	256
section, all public records responsive to the request shall be	257
promptly prepared and made available for inspection to any person	258
at all reasonable times during regular business hours. Subject to	259
division (B)(8) of this section, upon request, a public office or	260
person responsible for public records shall make copies of the	261
requested public record available at cost and within a reasonable	262
period of time. If a public record contains information that is	263
exempt from the duty to permit public inspection or to copy the	264
public record, the public office or the person responsible for the	265
public record shall make available all of the information within	266
the public record that is not exempt. When making that public	267
record available for public inspection or copying that public	268
record, the public office or the person responsible for the public	269
record shall notify the requester of any redaction or make the	270
redaction plainly visible. A redaction shall be deemed a denial of	271
a request to inspect or copy the redacted information, except if	272
federal or state law authorizes or requires a public office to	273
make the redaction.	274

(2) To facilitate broader access to public records, a public	275
office or the person responsible for public records shall organize	276
and maintain public records in a manner that they can be made	277
available for inspection or copying in accordance with division	278
(B) of this section. A public office also shall have available a	279
copy of its current records retention schedule at a location	280
readily available to the public. If a requester makes an ambiguous	281
or overly broad request or has difficulty in making a request for	282
copies or inspection of public records under this section such	283
that the public office or the person responsible for the requested	284
public record cannot reasonably identify what public records are	285
being requested, the public office or the person responsible for	286
the requested public record may deny the request but shall provide	287
the requester with an opportunity to revise the request by	288
informing the requester of the manner in which records are	289
maintained by the public office and accessed in the ordinary	290
course of the public office's or person's duties.	291

(3) If a request is ultimately denied, in part or in whole,	292
the public office or the person responsible for the requested	293
public record shall provide the requester with an explanation,	294
including legal authority, setting forth why the request was	295
denied. If the initial request was provided in writing, the	296
explanation also shall be provided to the requester in writing.	297
The explanation shall not preclude the public office or the person	298
responsible for the requested public record from relying upon	299
additional reasons or legal authority in defending an action	300
commenced under division (C) of this section.	301

(4) Unless specifically required or authorized by state or	302
federal law or in accordance with division (B) of this section, no	303
public office or person responsible for public records may limit	304
or condition the availability of public records by requiring	305
disclosure of the requester's identity or the intended use of the	306
requested public record. Any requirement that the requester	307
disclose the requestor's identity or the intended use of the	308
requested public record constitutes a denial of the request.	309

(5) A public office or person responsible for public records	310
may ask a requester to make the request in writing, may ask for	311
the requester's identity, and may inquire about the intended use	312
of the information requested, but may do so only after disclosing	313
to the requester that a written request is not mandatory and that	314
the requester may decline to reveal the requester's identity or	315
the intended use and when a written request or disclosure of the	316
identity or intended use would benefit the requester by enhancing	317
the ability of the public office or person responsible for public	318
records to identify, locate, or deliver the public records sought	319
by the requester.	320

(6) If any person chooses to obtain a copy of a public record	321
in accordance with division (B) of this section, the public office	322
or person responsible for the public record may require that	323
person to pay in advance the cost involved in providing the copy	324
of the public record in accordance with the choice made by the	325
person seeking the copy under this division. The public office or	326
the person responsible for the public record shall permit that	327
person to choose to have the public record duplicated upon paper,	328
upon the same medium upon which the public office or person	329
responsible for the public record keeps it, or upon any other	330
medium upon which the public office or person responsible for the	331
public record determines that it reasonably can be duplicated as	332
an integral part of the normal operations of the public office or	333
person responsible for the public record. When the person seeking	334
the copy makes a choice under this division, the public office or	335
person responsible for the public record shall provide a copy of	336
it in accordance with the choice made by the person seeking the	337
copy. Nothing in this section requires a public office or person	338
responsible for the public record to allow the person seeking a	339
copy of the public record to make the copies of the public record.	340

(7) Upon a request made in accordance with division (B) of	341
this section and subject to division (B)(6) of this section, a	342
public office or person responsible for public records shall	343
transmit a copy of a public record to any person by United States	344
mail or by any other means of delivery or transmission within a	345
reasonable period of time after receiving the request for the	346
copy. The public office or person responsible for the public	347
record may require the person making the request to pay in advance	348
the cost of postage if the copy is transmitted by United States	349
mail or the cost of delivery if the copy is transmitted other than	350
by United States mail, and to pay in advance the costs incurred	351
for other supplies used in the mailing, delivery, or transmission.	352

Any public office may adopt a policy and procedures that it	353
will follow in transmitting, within a reasonable period of time	354
after receiving a request, copies of public records by United	355
States mail or by any other means of delivery or transmission	356
pursuant to this division. A public office that adopts a policy	357
and procedures under this division shall comply with them in	358
performing its duties under this division.	359

In any policy and procedures adopted under this division, a	360
public office may limit the number of records requested by a	361
person that the office will transmit by United States mail to ten	362
per month, unless the person certifies to the office in writing	363
that the person does not intend to use or forward the requested	364
records, or the information contained in them, for commercial	365
purposes. For purposes of this division, "commercial" shall be	366
narrowly construed and does not include reporting or gathering	367
news, reporting or gathering information to assist citizen	368
oversight or understanding of the operation or activities of	369
government, or nonprofit educational research.	370

(8) A public office or person responsible for public records	371
is not required to permit a person who is incarcerated pursuant to	372
a criminal conviction or a juvenile adjudication to inspect or to	373
obtain a copy of any public record concerning a criminal	374
investigation or prosecution or concerning what would be a	375
criminal investigation or prosecution if the subject of the	376
investigation or prosecution were an adult, unless the request to	377
inspect or to obtain a copy of the record is for the purpose of	378
acquiring information that is subject to release as a public	379
record under this section and the judge who imposed the sentence	380
or made the adjudication with respect to the person, or the	381
judge's successor in office, finds that the information sought in	382
the public record is necessary to support what appears to be a	383
justiciable claim of the person.	384

(9) Upon written request made and signed by a journalist on	385
or after December 16, 1999, a public office, or person responsible	386
for public records, having custody of the records of the agency	387
employing a specified peace officer, parole officer, prosecuting	388
attorney, assistant prosecuting attorney, correctional employee,	389
youth services employee, firefighter, or EMT shall disclose to the	390
journalist the address of the actual personal residence of the	391
peace officer, parole officer, prosecuting attorney, assistant	392
prosecuting attorney, correctional employee, youth services	393
employee, firefighter, or EMT and, if the peace officer's, parole	394
officer's, prosecuting attorney's, assistant prosecuting	395
attorney's, correctional employee's, youth services employee's,	396
firefighter's, or EMT's spouse, former spouse, or child is	397
employed by a public office, the name and address of the employer	398
of the peace officer's, parole officer's, prosecuting attorney's,	399
assistant prosecuting attorney's, correctional employee's, youth	400
services employee's, firefighter's, or EMT's spouse, former	401
spouse, or child. The request shall include the journalist's name	402
and title and the name and address of the journalist's employer	403
and shall state that disclosure of the information sought would be	404
in the public interest.	405

As used in this division, "journalist" means a person engaged	406
in, connected with, or employed by any news medium, including a	407
newspaper, magazine, press association, news agency, or wire	408
service, a radio or television station, or a similar medium, for	409
the purpose of gathering, processing, transmitting, compiling,	410
editing, or disseminating information for the general public.	411

(C)(1) If a person allegedly is aggrieved by the failure of a	412
public office or the person responsible for public records to	413
promptly prepare a public record and to make it available to the	414
person for inspection in accordance with division (B) of this	415
section or by any other failure of a public office or the person	416
responsible for public records to comply with an obligation in	417
accordance with division (B) of this section, the person allegedly	418
aggrieved may commence a mandamus action to obtain a judgment that	419
orders the public office or the person responsible for the public	420
record to comply with division (B) of this section, that awards	421
court costs and reasonable attorney's fees to the person that	422
instituted the mandamus action, and, if applicable, that includes	423
an order fixing statutory damages under division (C)(1) of this	424
section. The mandamus action may be commenced in the court of	425
common pleas of the county in which division (B) of this section	426
allegedly was not complied with, in the supreme court pursuant to	427
its original jurisdiction under Section 2 of Article IV, Ohio	428
Constitution, or in the court of appeals for the appellate	429
district in which division (B) of this section allegedly was not	430
complied with pursuant to its original jurisdiction under Section	431
3 of Article IV, Ohio Constitution.	432

If a requestor transmits a written request by hand delivery	433
or certified mail to inspect or receive copies of any public	434
record in a manner that fairly describes the public record or	435
class of public records to the public office or person responsible	436
for the requested public records, except as otherwise provided in	437
this section, the requestor shall be entitled to recover the	438
amount of statutory damages set forth in this division if a court	439
determines that the public office or the person responsible for	440
public records failed to comply with an obligation in accordance	441
with division (B) of this section.	442

The amount of statutory damages shall be fixed at one hundred	443
dollars for each business day during which the public office or	444
person responsible for the requested public records failed to	445
comply with an obligation in accordance with division (B) of this	446
section, beginning with the day on which the requester files a	447
mandamus action to recover statutory damages, up to a maximum of	448
one thousand dollars. The award of statutory damages shall not be	449
construed as a penalty, but as compensation for injury arising	450
from lost use of the requested information. The existence of this	451
injury shall be conclusively presumed. The award of statutory	452
damages shall be in addition to all other remedies authorized by	453
this section.	454

The court may reduce an award of statutory damages or not	455
award statutory damages if the court determines both of the	456
following:	457

(a) That, based on the ordinary application of statutory law	458
and case law as it existed at the time of the conduct or	459
threatened conduct of the public office or person responsible for	460
the requested public records that allegedly constitutes a failure	461
to comply with an obligation in accordance with division (B) of	462
this section and that was the basis of the mandamus action, a	463
well-informed public office or person responsible for the	464
requested public records reasonably would believe that the conduct	465
or threatened conduct of the public office or person responsible	466
for the requested public records did not constitute a failure to	467
comply with an obligation in accordance with division (B) of this	468
section;	469

(b) That a well-informed public office or person responsible	470
for the requested public records reasonably would believe that the	471
conduct or threatened conduct of the public office or person	472
responsible for the requested public records would serve the	473
public policy that underlies the authority that is asserted as	474
permitting that conduct or threatened conduct.	475

(2)(a) If the court issues a writ of mandamus that orders the	476
public office or the person responsible for the public record to	477
comply with division (B) of this section and determines that the	478
circumstances described in division (C)(1) of this section exist,	479
the court shall determine and award to the relator all court	480
costs.	481

(b) If the court renders a judgment that orders the public	482
office or the person responsible for the public record to comply	483
with division (B) of this section, the court may award reasonable	484
attorney's fees subject to reduction as described in division	485
(C)(2)(c) of this section. The court shall award reasonable	486
attorney's fees, subject to reduction as described in division	487
(C)(2)(c) of this section when either of the following applies:	488

(i) The public office or the person responsible for the	489
public records failed to respond affirmatively or negatively to	490
the public records request in accordance with the time allowed	491
under division (B) of this section.	492

(ii) The public office or the person responsible for the	493
public records promised to permit the relator to inspect or	494
receive copies of the public records requested within a specified	495
period of time but failed to fulfill that promise within that	496
specified period of time.	497

(c) Court costs and reasonable attorney's fees awarded under	498
this section shall be construed as remedial and not punitive.	499
Reasonable attorney's fees shall include reasonable fees incurred	500
to produce proof of the reasonableness and amount of the fees and	501
to otherwise litigate entitlement to the fees. The court may	502
reduce an award of attorney's fees to the relator or not award	503
attorney's fees to the relator if the court determines both of the	504
following:	505

(i) That, based on the ordinary application of statutory law	506
and case law as it existed at the time of the conduct or	507
threatened conduct of the public office or person responsible for	508
the requested public records that allegedly constitutes a failure	509
to comply with an obligation in accordance with division (B) of	510
this section and that was the basis of the mandamus action, a	511
well-informed public office or person responsible for the	512
requested public records reasonably would believe that the conduct	513
or threatened conduct of the public office or person responsible	514
for the requested public records did not constitute a failure to	515
comply with an obligation in accordance with division (B) of this	516
section;	517

(ii) That a well-informed public office or person responsible	518
for the requested public records reasonably would believe that the	519
conduct or threatened conduct of the public office or person	520
responsible for the requested public records as described in	521
division (C)(2)(c)(i) of this section would serve the public	522
policy that underlies the authority that is asserted as permitting	523
that conduct or threatened conduct.	524

(D) Chapter 1347. of the Revised Code does not limit the	525
provisions of this section.	526

(E)(1) To ensure that all employees of public offices are	527
appropriately educated about a public office's obligations under	528
division (B) of this section, all elected officials or their	529
appropriate designees shall attend training approved by the	530
attorney general as provided in section 109.43 of the Revised	531
Code. In addition, all public offices shall adopt a public records	532
policy in compliance with this section for responding to public	533
records requests. In adopting a public records policy under this	534
division, a public office may obtain guidance from the model	535
public records policy developed and provided to the public office	536
by the attorney general under section 109.43 of the Revised Code.	537
Except as otherwise provided in this section, the policy may not	538
limit the number of public records that the public office will	539
make available to a single person, may not limit the number of	540
public records that it will make available during a fixed period	541
of time, and may not establish a fixed period of time before it	542
will respond to a request for inspection or copying of public	543
records, unless that period is less than eight hours.	544

(2) The public office shall distribute the public records	545
policy adopted by the public office under division (E)(1) of this	546
section to the employee of the public office who is the records	547
custodian or records manager or otherwise has custody of the	548
records of that office. The public office shall require that	549
employee to acknowledge receipt of the copy of the public records	550
policy. The public office shall create a poster that describes its	551
public records policy and shall post the poster in a conspicuous	552
place in the public office and in all locations where the public	553
office has branch offices. The public office may post its public	554
records policy on the internet web site of the public office if	555
the public office maintains an internet web site. A public office	556
that has established a manual or handbook of its general policies	557
and procedures for all employees of the public office shall	558
include the public records policy of the public office in the	559
manual or handbook.	560

(F)(1) The bureau of motor vehicles may adopt rules pursuant	561
to Chapter 119. of the Revised Code to reasonably limit the number	562
of bulk commercial special extraction requests made by a person	563
for the same records or for updated records during a calendar	564
year. The rules may include provisions for charges to be made for	565
bulk commercial special extraction requests for the actual cost of	566
the bureau, plus special extraction costs, plus ten per cent. The	567
bureau may charge for expenses for redacting information, the	568
release of which is prohibited by law.	569

(2) As used in division (F)(1) of this section:

570

(a) "Actual cost" means the cost of depleted supplies,	571
records storage media costs, actual mailing and alternative	572
delivery costs, or other transmitting costs, and any direct	573
equipment operating and maintenance costs, including actual costs	574
paid to private contractors for copying services.	575

(b) "Bulk commercial special extraction request" means a	576
request for copies of a record for information in a format other	577
than the format already available, or information that cannot be	578
extracted without examination of all items in a records series,	579
class of records, or data base by a person who intends to use or	580
forward the copies for surveys, marketing, solicitation, or resale	581
for commercial purposes. "Bulk commercial special extraction	582
request" does not include a request by a person who gives	583
assurance to the bureau that the person making the request does	584
not intend to use or forward the requested copies for surveys,	585
marketing, solicitation, or resale for commercial purposes.	586

(c) "Commercial" means profit-seeking production, buying, or	587
selling of any good, service, or other product.	588

(d) "Special extraction costs" means the cost of the time	589
spent by the lowest paid employee competent to perform the task,	590
the actual amount paid to outside private contractors employed by	591
the bureau, or the actual cost incurred to create computer	592
programs to make the special extraction. "Special extraction	593
costs" include any charges paid to a public agency for computer or	594
records services.	595

(3) For purposes of divisions (F)(1) and (2) of this section,	596
"surveys, marketing, solicitation, or resale for commercial	597
purposes" shall be narrowly construed and does not include	598
reporting or gathering news, reporting or gathering information to	599
assist citizen oversight or understanding of the operation or	600
activities of government, or nonprofit educational research.	601

Sec. 317.24.  (A) As used in this section:

602

(1) "Authorized party" means any of the following:

603

(a) The person who is the subject of the record of discharge.

604

(b) A county veterans service officer, or an	605
attorney-in-fact, agent, or other representative of the person who	606
is the subject of the record of discharge, if authorized to	607
inspect or copy the record of discharge by that person in a power	608
of attorney or other document.	609

(c) A person authorized, for good cause shown, by a court of	610
record to inspect or copy the record of discharge.	611

(d) If the person who is the subject of the record of	612
discharge is deceased, the executor or administrator, or an heir,	613
legatee, or devisee, of the person's estate.	614

(2) "Separation code" or "separation program number" means	615
the coded number or numbers used to specify the reasons for a	616
person's separation from active duty, as contained in one of the	617
following:	618

(a) Regarding a separation code, as contained in line 23 or	619
26 of a veteran's discharge paper, United States department of	620
defense form DD-214.	621

(b) Regarding a separation program number, as contained in	622
line 9(c) or line 11(c) of a veteran's discharge paper, under	623
prior versions of United States department of defense form DD-214.	624

(3) "Service-related document" means any United States	625
department of defense form DD-215 or DD-220, or any National Guard	626
Bureau form NGB-22 or NGB-22A.	627

(B)(1) Upon request of any discharged member of the armed	628
forces of the United States and presentation of the member's	629
discharge, the county recorder shall record the discharge in a	630
book to be furnished by the board of county commissioners for that	631
purpose. There shall be no fee for the recording. The record of	632
discharge, or a certified copy of the record, shall be received in	633
evidence in all cases where the original discharge would be	634
received.	635

(2)(a) A discharge recorded under division (B)(1) or (D) of	636
this section is not a public record under section 149.43 of the	637
Revised Code for a period of seventy-five years after the date of	638
the recording. During that period, the county recorder's office	639
shall make the record of discharge available for inspection or	640
copying only to an authorized party or for inspection only to a	641
journalist as provided by division (B)(2)(b) of this section.	642
Except as provided in section 317.27 of the Revised Code, the	643
authorized party shall pay the reasonable costs of copying the	644
record of discharge.	645

(b) A journalist may submit to the county recorder's office a	646
written request to view a discharge record recorded under division	647
(B)(1) or (D) of this section. The request shall state the	648
journalist's name and title, state the name and address of the	649
journalist's employer, and state that the granting of the request	650
would be in the best interest of the public. If a journalist	651
submits such a written request, the county recorder's office shall	652
grant the journalist's request. The journalist shall not copy the	653
records.	654

(B)(C) Upon application by a person whose discharge has been	655
recorded pursuant to this section, the county recorder shall,	656
without fee, expunge the person's record of discharge, expunge the	657
person's separation program number or separation code from the	658
person's record of discharge and from any of the person's other	659
service-related documents that have been recorded, or expunge the	660
person's social security number from the person's record of	661
discharge and from any of the person's other service-related	662
documents that have been recorded. The application shall be in the	663
following form:	664

"APPLICATION FOR EXPUNGEMENT	665

OF DISCHARGE RECORD OR OTHER INFORMATION	666

I, ................ (Name of Applicant), the undersigned,	667
hereby request the County Recorder of the County of ............	668
(Name of County), state of Ohio, to expunge my .......... (Insert	669
Record of Discharge, Separation Program Number or Separation Code	670
from my Record of Discharge and other service-related documents,	671
or Social Security Number from my Record of Discharge and other	672
service-related documents).	673

Dated this .......... day of .........., .....

674

.................................

(Signature of Applicant)

Sworn to and subscribed before me by ............ (Name of	675
Applicant) on .........., .....	676

........................................

Notary	677
Public

My commission expires ..........,	678
....."

(C) "As used in this section:

679

(1) "Separation code" or "separation program number" means	680
the coded number or numbers used to specify the reasons for a	681
person's separation from active duty, as contained in one of the	682
following:	683

(a) Regarding a separation code, as contained in line 23 or	684
26 of a veteran's discharge paper, United States department of	685
defense form DD-214;	686

(b) Regarding a separation program number, as contained in	687
line 9 (c) or line 11 (c) of a veteran's discharge paper, under	688
prior versions of United States department of defense form DD-214.	689

(2) "Service-related document" means any United States	690
department of defense form DD-215 or DD-220, or any National Guard	691
Bureau form NGB-22 or NGB-22A.	692

(D) Upon the request of any person who served during World	693
War I or World War II as a member of any armed force of the	694
government of Poland or Czechoslovakia and participated while so	695
serving in armed conflict with an enemy of the United States and	696
who has been a citizen of the United States for at least ten	697
years, and the presentation of the person's discharge, the county	698
recorder shall record the person's discharge in a book to be	699
furnished by the board of county commissioners for that purpose.	700
No fee shall be charged for the recording. The record, or a	701
certified copy of it, shall be received in evidence in all cases	702
where the original would be received.	703

Sec. 317.27.  On demand and tender of the proper fees, the	704
county recorder shall furnish to any person an accurate, certified	705
copy of any record in histhe recorder's office other than a	706
record of discharge under section 317.24 of the Revised Code, and	707
affix histhe recorder's official seal thereto. The recorder shall	708
issue, without charge, upon the request of any discharged member	709
of the armed forcesan authorized party, as defined in section	710
317.24 of the Revised Code, one certified copy or one certified	711
photostatic copy of the recorded record of discharge under that	712
section, with the official seal of the county recorder affixed	713
thereto.	714

Any certified copy of any record, document, or map and any	715
transcription of records, required or permitted to be made by the	716
recorder, may be made by any method provided for the making of	717
records.	718

Sec. 1315.39.  (A) A check-cashing business licensed under	719
sections 1315.35 to 1315.44 of the Revised Code may engage in the	720
business of making loans provided that each loan meets all of the	721
following conditions:	722

(1) The total amount of the loan does not exceed eight	723
hundred dollars.	724

(2) The duration of the loan does not exceed six months.

725

(3) The interest on the loan is calculated in compliance	726
with, and does not exceed the amount permitted by, division (B) of	727
this section.	728

(4) The loan is made pursuant to a written loan contract that	729
sets forth the terms and conditions of the loan, and discloses in	730
a clear and concise manner all of the following:	731

(a) The total amount of fees and charges the borrower will be	732
required to pay in connection with the loan pursuant to the loan	733
contract;	734

(b) The rate of interest contracted for under the loan	735
contract, calculated both as an annual percentage rate based	736
solely on the principal of the loan and as an annual percentage	737
rate based on the sum of the principal of the loan and the loan	738
origination fee, check collection charge, and all other fees or	739
charges contracted for under the loan contract;	740

(c) The total amount of each payment, when each payment is	741
due, and the total number of payments that the borrower will be	742
required to make under the loan contract;	743

(d) A statement, printed in boldface type of the minimum size	744
of ten points, as follows: "WARNING: The rate of interest charged	745
on this loan is higher than the average rate of interest charged	746
by financial institutions on substantially similar loans."	747

(5) The loan is not being made to a borrower for purposes of	748
retiring an existing loan between the check-cashing business and	749
that borrower, which existing loan was made pursuant to sections	750
1315.35 to 1315.44 of the Revised Code.	751

(6) If a borrower is a member of the Ohio national guard or	752
the armed forces of the United States, the check-cashing business	753
provides written notice of the requirements set forth in division	754
(F) of section 1315.41 of the Revised Code.	755

(B) A check-cashing business may contract for and receive	756
interest at a rate of five per cent per month or fraction of a	757
month on the unpaid principal of a loan made under sections	758
1315.35 to 1315.44 of the Revised Code. Any unearned interest	759
shall not be deducted from the proceeds of the loan or paid in	760
advance, and interest shall be computed on the unpaid balance and	761
shall not be compounded. If, after the first month of the loan	762
contract, the loan is paid in full before the final date on which	763
payment is due on the loan pursuant to the loan contract, the	764
licensee shall refund or credit the borrower with the amount of	765
the unearned interest for the unexpired period of the loan	766
contract that follows the date of the borrower's payment in full.	767

Sec. 1315.41.  No check-cashing business licensed pursuant to	768
sections 1315.35 to 1315.44 of the Revised Code shall do any of	769
the following:	770

(A) Violate section 1315.36 of the Revised Code;

771

(B) Make a loan that does not comply with division (A) of	772
section 1315.39 of the Revised Code;	773

(C) Charge, collect, or receive, directly or indirectly, any	774
additional fees or charges in connection with a loan, other than	775
fees and charges permitted by sections 1315.39 and 1315.40 of the	776
Revised Code and costs or disbursements to which the check-cashing	777
business may become entitled to by law in connection with any	778
civil action to collect a loan after default;	779

(D) Collect treble damages pursuant to division (A)(1)(b)(ii)	780
of section 2307.61 of the Revised Code in connection with any	781
civil action to collect a loan after a default due to a check,	782
negotiable order of withdrawal, share draft, or other negotiable	783
instrument that was returned or dishonored for insufficient funds;	784

(E) Make a loan to a borrower if there exists an outstanding	785
loan between the check-cashing business and that borrower and if	786
the outstanding loan was made pursuant to sections 1315.35 to	787
1315.43 of the Revised Code;	788

(F) If a borrower is a member of the Ohio national guard or	789
the armed forces of the United States:	790

(1) Garnish a member's military wage or salary;

791

(2) For the duration of a member's deployment to a combat or	792
combat support zone, engage in collection activities against the	793
member or the member's spouse;	794

(3) Knowingly contact the member's military chain of command	795
in an effort to collect a loan;	796

(4) Violate the terms of any repayment agreement that the	797
check-cashing business reaches with military counselors or	798
third-party credit counselors on a member's behalf;	799

(5) Knowingly make a loan to a member if a military base	800
commander prohibits a member from using the check-cashing	801
business.	802

Sec. 2313.16.  (A) Except as provided by section 2313.13 of	803
the Revised Code, the court of common pleas shall not excuse a	804
person who is liable to serve as a juror and who is drawn and	805
notified, unless it is shown to the satisfaction of the judge by	806
either the juror or another person acquainted with the facts that	807
one or more of the following applies:	808

(1) The interests of the public will be materially injured by	809
the juror's attendance.	810

(2) The juror's spouse or a near relative of the juror or the	811
juror's spouse has recently died or is dangerously ill.	812

(3) The juror is a cloistered member of a religious	813
organization.	814

(4) The prospective juror has a mental or physical condition	815
that causes the prospective juror to be incapable of performing	816
jury service. The prospective juror, or the prospective juror's	817
personal representative, must provide the court with documentation	818
from a physician licensed to practice medicine verifying that a	819
mental or physical condition renders the prospective juror unfit	820
for jury service for a period of up to twenty-four months.	821

(5) Jury service would otherwise cause undue or extreme	822
physical or financial hardship to the prospective juror or a	823
person under the care or supervision of the prospective juror. A	824
judge of the court for which the prospective juror was called to	825
jury service shall make undue or extreme physical or financial	826
hardship determinations. The judge may delegate the authority to	827
make these determinations to an appropriate court employee	828
appointed by the court.	829

(6) The juror is over seventy-five years of age, and the	830
juror requests to be excused.	831

(7) The prospective juror is an active member of a recognized	832
amish sect and requests to be excused because of the prospective	833
juror's sincere belief that as a result of that membership the	834
prospective juror cannot pass judgment in a judicial matter.	835

(8) The prospective juror is on active duty pursuant to an	836
executive order of the president of the United States, an act of	837
the congress of the United States, or section 5919.29 or 5923.21	838
of the Revised Code.	839

(B)(1) A prospective juror who requests to be excused from	840
jury service under this section shall take all actions necessary	841
to obtain a ruling on that request by not later than the date on	842
which the prospective juror is scheduled to appear for jury duty.	843

(2) A prospective juror who requests to be excused as	844
provided in division (A)(6) of this section shall inform the	845
appropriate court employee appointed by the court of the	846
prospective juror's request to be so excused by not later than the	847
date on which the prospective juror is scheduled to appear for	848
jury duty. The prospective juror shall inform that court employee	849
of the request to be so excused by appearing in person before the	850
employee or contacting the employee by telephone, in writing, or	851
by electronic mail.	852

(C)(1) For purposes of this section, undue or extreme	853
physical or financial hardship is limited to circumstances in	854
which any of the following apply:	855

(a) The prospective juror would be required to abandon a	856
person under the prospective juror's personal care or supervision	857
due to the impossibility of obtaining an appropriate substitute	858
caregiver during the period of participation in the jury pool or	859
on the jury.	860

(b) The prospective juror would incur costs that would have a	861
substantial adverse impact on the payment of the prospective	862
juror's necessary daily living expenses or on those for whom the	863
prospective juror provides the principal means of support.	864

(c) The prospective juror would suffer physical hardship that	865
would result in illness or disease.	866

(2) Undue or extreme physical or financial hardship does not	867
exist solely based on the fact that a prospective juror will be	868
required to be absent from the prospective juror's place of	869
employment.	870

(D) A prospective juror who asks a judge to grant an excuse	871
based on undue or extreme physical or financial hardship shall	872
provide the judge with documentation that the judge finds to	873
clearly support the request to be excused. If a prospective juror	874
fails to provide satisfactory documentation, the court may deny	875
the request to be excused.	876

(E) When a prospective juror who is liable to serve is	877
excused in a case specified in this section, the prospective juror	878
can be excused only by the judge presiding in the case or a	879
representative of the judge. An excuse, including whether or not	880
it is a permanent excuse, approved pursuant to this section shall	881
not extend beyond that term. Every approved excuse shall be	882
recorded and filed with the commissioners of jurors. After	883
twenty-four months, a person excused from jury service shall	884
become eligible once again for qualification as a juror unless the	885
person was excused from service permanently. A person is excused	886
from jury service permanently only when the deciding judge	887
determines that the underlying grounds for being excused are of a	888
permanent nature.	889

Sec. 2741.99. Whoever violates section 2741.02 of the Revised	890
Code by using any aspect of an individual's persona who is a	891
deceased member of the Ohio national guard or the armed forces of	892
the United States is guilty of a misdemeanor of the first degree.	893

Sec. 2921.22.  (A) No(1) Except as provided in division	894
(A)(2) of this section, no person, knowing that a felony has been	895
or is being committed, shall knowingly fail to report such	896
information to law enforcement authorities.	897

(2) No person, knowing that a violation of division (B) of	898
section 2913.04 of the Revised Code has been, or is being	899
committed or that the person has received information derived from	900
such a violation, shall knowingly fail to report the violation to	901
law enforcement authorities.	902

(B) Except for conditions that are within the scope of	903
division (E) of this section, no physician, limited practitioner,	904
nurse, or other person giving aid to a sick or injured person	905
shall negligently fail to report to law enforcement authorities	906
any gunshot or stab wound treated or observed by the physician,	907
limited practitioner, nurse, or person, or any serious physical	908
harm to persons that the physician, limited practitioner, nurse,	909
or person knows or has reasonable cause to believe resulted from	910
an offense of violence.	911

(C) No person who discovers the body or acquires the first	912
knowledge of the death of a person shall fail to report the death	913
immediately to a physician whom the person knows to be treating	914
the deceased for a condition from which death at such time would	915
not be unexpected, or to a law enforcement officer, an ambulance	916
service, an emergency squad, or the coroner in a political	917
subdivision in which the body is discovered, the death is believed	918
to have occurred, or knowledge concerning the death is obtained.	919

(D) No person shall fail to provide upon request of the	920
person to whom a report required by division (C) of this section	921
was made, or to any law enforcement officer who has reasonable	922
cause to assert the authority to investigate the circumstances	923
surrounding the death, any facts within the person's knowledge	924
that may have a bearing on the investigation of the death.	925

(E)(1) As used in this division, "burn injury" means any of	926
the following:	927

(a) Second or third degree burns;

928

(b) Any burns to the upper respiratory tract or laryngeal	929
edema due to the inhalation of superheated air;	930

(c) Any burn injury or wound that may result in death;

931

(d) Any physical harm to persons caused by or as the result	932
of the use of fireworks, novelties and trick noisemakers, and wire	933
sparklers, as each is defined by section 3743.01 of the Revised	934
Code.	935

(2) No physician, nurse, or limited practitioner who, outside	936
a hospital, sanitarium, or other medical facility, attends or	937
treats a person who has sustained a burn injury that is inflicted	938
by an explosion or other incendiary device or that shows evidence	939
of having been inflicted in a violent, malicious, or criminal	940
manner shall fail to report the burn injury immediately to the	941
local arson, or fire and explosion investigation, bureau, if there	942
is a bureau of this type in the jurisdiction in which the person	943
is attended or treated, or otherwise to local law enforcement	944
authorities.	945

(3) No manager, superintendent, or other person in charge of	946
a hospital, sanitarium, or other medical facility in which a	947
person is attended or treated for any burn injury that is	948
inflicted by an explosion or other incendiary device or that shows	949
evidence of having been inflicted in a violent, malicious, or	950
criminal manner shall fail to report the burn injury immediately	951
to the local arson, or fire and explosion investigation, bureau,	952
if there is a bureau of this type in the jurisdiction in which the	953
person is attended or treated, or otherwise to local law	954
enforcement authorities.	955

(4) No person who is required to report any burn injury under	956
division (E)(2) or (3) of this section shall fail to file, within	957
three working days after attending or treating the victim, a	958
written report of the burn injury with the office of the state	959
fire marshal. The report shall comply with the uniform standard	960
developed by the state fire marshal pursuant to division (A)(15)	961
of section 3737.22 of the Revised Code.	962

(5) Anyone participating in the making of reports under	963
division (E) of this section or anyone participating in a judicial	964
proceeding resulting from the reports is immune from any civil or	965
criminal liability that otherwise might be incurred or imposed as	966
a result of such actions. Notwithstanding section 4731.22 of the	967
Revised Code, the physician-patient relationship is not a ground	968
for excluding evidence regarding a person's burn injury or the	969
cause of the burn injury in any judicial proceeding resulting from	970
a report submitted under division (E) of this section.	971

(F)(1) Any doctor of medicine or osteopathic medicine,	972
hospital intern or resident, registered or licensed practical	973
nurse, psychologist, social worker, independent social worker,	974
social work assistant, professional clinical counselor, or	975
professional counselor who knows or has reasonable cause to	976
believe that a patient or client has been the victim of domestic	977
violence, as defined in section 3113.31 of the Revised Code, shall	978
note that knowledge or belief and the basis for it in the	979
patient's or client's records.	980

(2) Notwithstanding section 4731.22 of the Revised Code, the	981
doctor-patient privilege shall not be a ground for excluding any	982
information regarding the report containing the knowledge or	983
belief noted under division (F)(1) of this section, and the	984
information may be admitted as evidence in accordance with the	985
Rules of Evidence.	986

(G) Divisions (A) and (D) of this section do not require	987
disclosure of information, when any of the following applies:	988

(1) The information is privileged by reason of the	989
relationship between attorney and client; doctor and patient;	990
licensed psychologist or licensed school psychologist and client;	991
member of the clergy, rabbi, minister, or priest and any person	992
communicating information confidentially to the member of the	993
clergy, rabbi, minister, or priest for a religious counseling	994
purpose of a professional character; husband and wife; or a	995
communications assistant and those who are a party to a	996
telecommunications relay service call.	997

(2) The information would tend to incriminate a member of the	998
actor's immediate family.	999

(3) Disclosure of the information would amount to revealing a	1000
news source, privileged under section 2739.04 or 2739.12 of the	1001
Revised Code.	1002

(4) Disclosure of the information would amount to disclosure	1003
by a member of the ordained clergy of an organized religious body	1004
of a confidential communication made to that member of the clergy	1005
in that member's capacity as a member of the clergy by a person	1006
seeking the aid or counsel of that member of the clergy.	1007

(5) Disclosure would amount to revealing information acquired	1008
by the actor in the course of the actor's duties in connection	1009
with a bona fide program of treatment or services for drug	1010
dependent persons or persons in danger of drug dependence, which	1011
program is maintained or conducted by a hospital, clinic, person,	1012
agency, or organization certified pursuant to section 3793.06 of	1013
the Revised Code.	1014

(6) Disclosure would amount to revealing information acquired	1015
by the actor in the course of the actor's duties in connection	1016
with a bona fide program for providing counseling services to	1017
victims of crimes that are violations of section 2907.02 or	1018
2907.05 of the Revised Code or to victims of felonious sexual	1019
penetration in violation of former section 2907.12 of the Revised	1020
Code. As used in this division, "counseling services" include	1021
services provided in an informal setting by a person who, by	1022
education or experience, is competent to provide those services.	1023

(H) No disclosure of information pursuant to this section	1024
gives rise to any liability or recrimination for a breach of	1025
privilege or confidence.	1026

(I) Whoever violates division (A) or (B) of this section is	1027
guilty of failure to report a crime. Violation of division (A)(1)	1028
of this section is a misdemeanor of the fourth degree. Violation	1029
of division (A)(2) or (B) of this section is a misdemeanor of the	1030
second degree.	1031

(J) Whoever violates division (C) or (D) of this section is	1032
guilty of failure to report knowledge of a death, a misdemeanor of	1033
the fourth degree.	1034

(K)(1) Whoever negligently violates division (E) of this	1035
section is guilty of a minor misdemeanor.	1036

(2) Whoever knowingly violates division (E) of this section	1037
is guilty of a misdemeanor of the second degree.	1038

Sec. 3333.42. No state institution of higher education, as	1039
defined in section 3345.011 of the Revised Code, shall charge a	1040
nonresident student who is a member of the armed forces of the	1041
United States and who is stationed in this state pursuant to	1042
military orders, or who is the spouse or dependent child of such a	1043
student, rates for tuition and fees that are higher than the rates	1044
charged to an Ohio resident. The chancellor of the Ohio board of	1045
regents shall not pay a state institution of higher education	1046
state subsidies for students charged Ohio resident rates under	1047
this section.	1048

Sec. 3345.01.  Except as provided in sections 3333.17 and,	1049
3333.32, and 3333.42 of the Revised Code, the board of trustees of	1050
a state university or college, as defined in section 3345.12 of	1051
the Revised Code, may charge reasonable tuition for the attendance	1052
of pupils who are nonresidents of Ohio.	1053

Sec. 3345.52. A state institution of higher education, as	1054
defined in section 3345.011 of the Revised Code, shall discount	1055
the rates for tuition and fees charged to a student who is a	1056
member of the Ohio national guard and who is not a scholarship	1057
recipient under section 5919.34 of the Revised Code, by at least	1058
fifty per cent of the rates charged to an Ohio resident. The	1059
chancellor of the Ohio board of regents shall not pay a state	1060
institution of higher education state subsidies for students	1061
charged the discounted rates under this section.	1062

Sec. 5913.11. (A) There is hereby created the Ohio military	1063
medal of distinction. The adjutant general shall design the medal	1064
and coordinate an eligibility establishment program. An individual	1065
is eligible for the medal if the individual was killed in the line	1066
of duty while doing one of the following:	1067

(1) Engaging in an action against an enemy of the United	1068
States;	1069

(2) Engaging in military operations involving conflict with	1070
an opposing foreign force;	1071

(3) Serving with friendly foreign forces engaged in an armed	1072
conflict against an opposing armed force in which the United	1073
States is not a belligerent party; or	1074

(4) Serving in a combat zone designated by presidential	1075
order.	1076

(B) To receive the Ohio military medal of distinction, an	1077
individual shall be at least one of the following:	1078

(1) At the time the member was killed in the line of duty:

1079

(a) An Ohio national guard member who is a resident of this	1080
state;	1081

(b) A United States military reserves member who is a	1082
resident of this state;	1083

(c) A United States armed forces member who is either a	1084
resident of this state or stationed in this state by a United	1085
States department of defense order.	1086

(2) An Ohio national guard, United States military reserves,	1087
or United States armed forces member who attended a public or	1088
private educational institution in this state at any time and was	1089
killed in the line of duty.	1090

(C) At least once per year, both houses of the general	1091
assembly shall obtain a list of eligible medal recipients from the	1092
adjutant general and meet in joint convention to recognize the	1093
medal recipients for the prior year.	1094

Section 2. That existing sections 149.43, 317.24, 317.27,	1095
1315.39, 1315.41, 2313.16, 2921.22, and 3345.01 of the Revised	1096
Code are hereby repealed.	1097

Section 3. (A) There is hereby created the National Guard	1098
Youth Challenge Program Study Committee. The Committee shall	1099
examine and make recommendations on the feasibility of	1100
establishing an Ohio National Guard Youth Challenge Program, which	1101
is under the United States Secretary of Defense and seeks to	1102
improve life skills and employment potential of participants by	1103
providing military-based training and supervised work experience,	1104
and assists participants in receiving a high school diploma or its	1105
equivalent.	1106

(B) The committee consists of the following members:

1107

(1) Two members of the Senate appointed by the President of	1108
the Senate, each from a different political party;	1109

(2) Two members of the House of Representatives appointed by	1110
the Speaker of the House of Representatives, each from a different	1111
political party;	1112

(3) The Director of the Governor's Office of Veterans'	1113
Affairs or the director's designee;	1114

(4) The Adjutant General or the Adjutant General's designee;

1115

(5) One representative from Ohio State Association of	1116
Veterans Service Commissioners;	1117

(6) One representative from an Ohio Chapter of the Air Force	1118
Association;	1119

(7) One representative from the Air Force program for	1120
Battelle.	1121

The majority party members from the Senate and the House of	1122
Representatives shall co-chair the committee.	1123

Members shall be appointed not later than sixty days after	1124
the effective date of this section. Vacancies on the committee	1125
shall be filled in the manner of the initial appointments.	1126

Members shall receive no compensation for their services.

1127

(C) The committee shall issue a report of its findings and	1128
recommendations to the President of the Senate, the Speaker of the	1129
House of Representatives, and the Governor not later than sixty	1130
days after all appointments are made under division (B) of this	1131
section. The committee ceases to exist upon submitting its report.	1132

Section 4.  Section 149.43 of the Revised Code is presented	1133
in this act as a composite of the section as amended by both Sub.	1134
H.B. 9 and Sub. H.B. 141 of the 126th General Assembly. The	1135
General Assembly, applying the principle stated in division (B)	1136
of section 1.52 of the Revised Code that amendments are to be	1137
harmonized if reasonably capable of simultaneous operation, finds	1138
that the composite is the resulting version of the section in	1139
effect prior to the effective date of the section as presented in	1140
this act.	1141