As Passed by the House

127th General Assembly Regular Session 2007-2008

Am. Sub. S. B. No. 248

Senator Austria 

Cosponsors: Senators Boccieri, Buehrer, Carey, Cates, Coughlin, Faber, Gardner, Harris, Jacobson, Mason, Mumper, Padgett, Schaffer, Schuring, Spada, Smith, Grendell, Fedor, Roberts, Amstutz, Kearney, Sawyer, Schuler, Stivers, Wagoner, Wilson 

Representatives Batchelder, Boyd, Celeste, Chandler, Ciafardini, Coley, DeBose, Domenick, Dyer, Flowers, Gardner, Gibbs, Goyal, Grady, Hagan, J., Hite, Hughes, Letson, Mandel, McGregor, R., Nero, Schindel, Schlichter, Uecker, Wachtmann, Widener, Williams, S., Yuko, Zehringer 

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A BILL

To amend sections 149.43, 317.24, 317.27, 2313.16,

1

2741.02, 2921.22, 3345.01, and 5903.02 and to

2

enact sections 2741.99, 3333.42, and 5913.11 of

3

the Revised Code to exempt certain armed forces

4

discharges from inspection or copying as a public

5

record, to prohibit failing to report the

6

unauthorized use of certain electronic property

7

to law enforcement authorities, to excuse

8

certain military persons from jury duty, to

9

establish a criminal penalty for unlawfully

10

using a deceased military person's persona, to

11

establish tuition benefits for certain military

12

persons, to create the Ohio Military Medal of

13

Distinction, to clarify available remedies for

14

actions under the Uniformed Services Employment

15

and Reemployment Rights Act of 1994, and to

16

require a report regarding the feasibility of a

17

National Guard Youth Challenge Program.

18

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

Section 1. That sections 149.43, 317.24, 317.27, 2313.16,	19
2741.02, 2921.22, 3345.01, and 5903.02 be amended and sections	20
2741.99, 3333.42, and 5913.11 of the Revised Code be enacted to	21
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 or a funeral director	614
who is to perform the funeral for the deceased person.	615

(2) "Separation code" or "separation program number" means	616
the coded number or numbers used to specify the reasons for a	617
person's separation from active duty, as contained in one of the	618
following:	619

(a) Regarding a separation code, as contained in line 23 or	620
26 of a veteran's discharge paper, United States department of	621
defense form DD-214;	622

(b) Regarding a separation program number, as contained in	623
line 9(c) or line 11(c) of a veteran's discharge paper, under	624
prior versions of United States department of defense form DD-214.	625

(3) "Service-related document" means any United States	626
department of defense form DD-215 or DD-220, or any National Guard	627
Bureau form NGB-22 or NGB-22A.	628

(B)(1) Upon request of any discharged member of the armed	629
forces of the United States and presentation of the member's	630
discharge, the county recorder shall record the discharge in a	631
book to be furnished by the board of county commissioners for that	632
purpose. There shall be no fee for the recording. The record of	633
discharge, or a certified copy of the record, shall be received in	634
evidence in all cases where the original discharge would be	635
received.	636

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

(b) A person other than an authorized party may request to	646
view or receive a copy of a discharge record recorded under	647
division (B)(1) or (D) of this section. Upon such a person's	648
request, the county recorder's office shall provide a copy of the	649
discharged record to the person that shall be redacted to contain	650
only the name, rank, date of birth, date of discharge, and type of	651
discharge of the person who is the subject of the discharge	652
record. Except as provided in section 317.27 of the Revised Code,	653
a person other than an authorized party shall pay the reasonable	654
costs of copying the record of discharge.	655

(B)(C) Upon application by a person whose discharge has been	656
recorded pursuant to this section, the county recorder shall,	657
without fee, expunge the person's record of discharge, expunge the	658
person's separation program number or separation code from the	659
person's record of discharge and from any of the person's other	660
service-related documents that have been recorded, or expunge the	661
person's social security number from the person's record of	662
discharge and from any of the person's other service-related	663
documents that have been recorded. The application shall be in the	664
following form:	665

"APPLICATION FOR EXPUNGEMENT	666

OF DISCHARGE RECORD OR OTHER INFORMATION	667

I, ................ (Name of Applicant), the undersigned,	668
hereby request the County Recorder of the County of ............	669
(Name of County), state of Ohio, to expunge my .......... (Insert	670
Record of Discharge, Separation Program Number or Separation Code	671
from my Record of Discharge and other service-related documents,	672
or Social Security Number from my Record of Discharge and other	673
service-related documents).	674

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

675

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

(Signature of Applicant)

Sworn to and subscribed before me by ............ (Name of	676
Applicant) on .........., .....	677

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

Notary	678
Public

My commission expires ..........,	679
....."

(C) "As used in this section:

680

(1) "Separation code" or "separation program number" means	681
the coded number or numbers used to specify the reasons for a	682
person's separation from active duty, as contained in one of the	683
following:	684

(a) Regarding a separation code, as contained in line 23 or	685
26 of a veteran's discharge paper, United States department of	686
defense form DD-214;	687

(b) Regarding a separation program number, as contained in	688
line 9 (c) or line 11 (c) of a veteran's discharge paper, under	689
prior versions of United States department of defense form DD-214.	690

(2) "Service-related document" means any United States	691
department of defense form DD-215 or DD-220, or any National Guard	692
Bureau form NGB-22 or NGB-22A.	693

(D) Upon the request of any person who served during World	694
War I or World War II as a member of any armed force of the	695
government of Poland or Czechoslovakia and participated while so	696
serving in armed conflict with an enemy of the United States and	697
who has been a citizen of the United States for at least ten	698
years, and the presentation of the person's discharge, the county	699
recorder shall record the person's discharge in a book to be	700
furnished by the board of county commissioners for that purpose.	701
No fee shall be charged for the recording. The record, or a	702
certified copy of it, shall be received in evidence in all cases	703
where the original would be received.	704

Sec. 317.27.  On demand and tender of the proper fees, the	705
county recorder shall furnish to any person an accurate, certified	706
copy of any record in histhe recorder's office other than a	707
record of discharge under section 317.24 of the Revised Code, and	708
affix histhe recorder's official seal thereto. The recorder shall	709
issue, without charge, upon the request of any discharged member	710
of the armed forcesan authorized party, as defined in section	711
317.24 of the Revised Code or a person other than an authorized	712
party as defined in that section, one certified copy or one	713
certified photostatic copy of the recorded record of discharge	714
under that section, with the official seal of the county recorder	715
affixed thereto.	716

Any certified copy of any record, document, or map and any	717
transcription of records, required or permitted to be made by the	718
recorder, may be made by any method provided for the making of	719
records.	720

Sec. 2313.16.  (A) Except as provided by section 2313.13 of	721
the Revised Code, the court of common pleas shall not excuse a	722
person who is liable to serve as a juror and who is drawn and	723
notified, unless it is shown to the satisfaction of the judge by	724
either the juror or another person acquainted with the facts that	725
one or more of the following applies:	726

(1) The interests of the public will be materially injured by	727
the juror's attendance.	728

(2) The juror's spouse or a near relative of the juror or the	729
juror's spouse has recently died or is dangerously ill.	730

(3) The juror is a cloistered member of a religious	731
organization.	732

(4) The prospective juror has a mental or physical condition	733
that causes the prospective juror to be incapable of performing	734
jury service. The prospective juror, or the prospective juror's	735
personal representative, must provide the court with documentation	736
from a physician licensed to practice medicine verifying that a	737
mental or physical condition renders the prospective juror unfit	738
for jury service for a period of up to twenty-four months.	739

(5) Jury service would otherwise cause undue or extreme	740
physical or financial hardship to the prospective juror or a	741
person under the care or supervision of the prospective juror. A	742
judge of the court for which the prospective juror was called to	743
jury service shall make undue or extreme physical or financial	744
hardship determinations. The judge may delegate the authority to	745
make these determinations to an appropriate court employee	746
appointed by the court.	747

(6) The juror is over seventy-five years of age, and the	748
juror requests to be excused.	749

(7) The prospective juror is an active member of a recognized	750
amish sect and requests to be excused because of the prospective	751
juror's sincere belief that as a result of that membership the	752
prospective juror cannot pass judgment in a judicial matter.	753

(8) The prospective juror is on active duty pursuant to an	754
executive order of the president of the United States, an act of	755
the congress of the United States, or section 5919.29 or 5923.21	756
of the Revised Code.	757

(B)(1) A prospective juror who requests to be excused from	758
jury service under this section shall take all actions necessary	759
to obtain a ruling on that request by not later than the date on	760
which the prospective juror is scheduled to appear for jury duty.	761

(2) A prospective juror who requests to be excused as	762
provided in division (A)(6) of this section shall inform the	763
appropriate court employee appointed by the court of the	764
prospective juror's request to be so excused by not later than the	765
date on which the prospective juror is scheduled to appear for	766
jury duty. The prospective juror shall inform that court employee	767
of the request to be so excused by appearing in person before the	768
employee or contacting the employee by telephone, in writing, or	769
by electronic mail.	770

(C)(1) For purposes of this section, undue or extreme	771
physical or financial hardship is limited to circumstances in	772
which any of the following apply:	773

(a) The prospective juror would be required to abandon a	774
person under the prospective juror's personal care or supervision	775
due to the impossibility of obtaining an appropriate substitute	776
caregiver during the period of participation in the jury pool or	777
on the jury.	778

(b) The prospective juror would incur costs that would have a	779
substantial adverse impact on the payment of the prospective	780
juror's necessary daily living expenses or on those for whom the	781
prospective juror provides the principal means of support.	782

(c) The prospective juror would suffer physical hardship that	783
would result in illness or disease.	784

(2) Undue or extreme physical or financial hardship does not	785
exist solely based on the fact that a prospective juror will be	786
required to be absent from the prospective juror's place of	787
employment.	788

(D) A prospective juror who asks a judge to grant an excuse	789
based on undue or extreme physical or financial hardship shall	790
provide the judge with documentation that the judge finds to	791
clearly support the request to be excused. If a prospective juror	792
fails to provide satisfactory documentation, the court may deny	793
the request to be excused.	794

(E) When a prospective juror who is liable to serve is	795
excused in a case specified in this section, the prospective juror	796
can be excused only by the judge presiding in the case or a	797
representative of the judge. An excuse, including whether or not	798
it is a permanent excuse, approved pursuant to this section shall	799
not extend beyond that term. Every approved excuse shall be	800
recorded and filed with the commissioners of jurors. After	801
twenty-four months, a person excused from jury service shall	802
become eligible once again for qualification as a juror unless the	803
person was excused from service permanently. A person is excused	804
from jury service permanently only when the deciding judge	805
determines that the underlying grounds for being excused are of a	806
permanent nature.	807

Sec. 2741.02.  (A) Except as otherwise provided in this	808
section, a person shall not use any aspect of an individual's	809
persona for a commercial purpose during:	810

(1) During the individual's lifetime or for;

811

(2) For a period of sixty years after the date of the	812
individual's death; or	813

(3) For a period of ten years after the date of death of a	814
deceased member of the Ohio national guard or the armed forces of	815
the United States.	816

(B) A person may use an individual's persona for a commercial	817
purpose during the individual's lifetime if the person first	818
obtains the written consent to use the individual's persona from a	819
person specified in section 2741.05 of the Revised Code. If an	820
individual whose persona is at issue has died, a person may use	821
the individual's persona for a commercial purpose if either of the	822
following applies:	823

(1) The person first obtains the written consent to use the	824
individual's persona from a person specified in section 2741.05 of	825
the Revised Code who owns the individual's right of publicity.	826

(2) The name of the individual whose persona is used was the	827
name of a business entity or a trade name at the time of the	828
individual's death.	829

(C) Subject to the terms of any agreement between a person	830
specified in section 2741.05 of the Revised Code and a person to	831
whom that person grants consent to use an individual's right of	832
publicity, a consent obtained before the death of an individual	833
whose persona is at issue remains valid after the individual's	834
death.	835

(D) For purposes of this section:

836

(1) A use of an aspect of an individual's persona in	837
connection with any news, public affairs, sports broadcast, or	838
account does not constitute a use for which consent is required	839
under division (A) of this section.	840

(2) A use of an aspect of an individual's persona in	841
connection with any political campaign and in compliance with	842
Title XXXV of the Revised Code does not constitute a use for which	843
consent is required under division (A) of this section.	844

(E) The owners or employees of any medium used for	845
advertising, including but not limited to, a newspaper, magazine,	846
radio or television network or station, cable television system,	847
billboard, transit ad, and global communications network, by whom	848
any advertisement or solicitation in violation of this section is	849
published or disseminated are not liable under this section or	850
section 2741.07 of the Revised Code unless it is established that	851
those owners or employees had knowledge of the unauthorized use of	852
the persona as prohibited by this section.	853

Sec. 2741.99. Whoever violates division (A)(3) of section	854
2741.02 of the Revised Code is guilty of a misdemeanor of the	855
first degree. A criminal penalty imposed under this section is	856
cumulative to a civil remedy under Chapter 2741. of the Revised	857
Code.	858

Sec. 2921.22.  (A) No(1) Except as provided in division	859
(A)(2) of this section, no person, knowing that a felony has been	860
or is being committed, shall knowingly fail to report such	861
information to law enforcement authorities.	862

(2) No person, knowing that a violation of division (B) of	863
section 2913.04 of the Revised Code has been, or is being	864
committed or that the person has received information derived from	865
such a violation, shall knowingly fail to report the violation to	866
law enforcement authorities.	867

(B) Except for conditions that are within the scope of	868
division (E) of this section, no physician, limited practitioner,	869
nurse, or other person giving aid to a sick or injured person	870
shall negligently fail to report to law enforcement authorities	871
any gunshot or stab wound treated or observed by the physician,	872
limited practitioner, nurse, or person, or any serious physical	873
harm to persons that the physician, limited practitioner, nurse,	874
or person knows or has reasonable cause to believe resulted from	875
an offense of violence.	876

(C) No person who discovers the body or acquires the first	877
knowledge of the death of a person shall fail to report the death	878
immediately to a physician whom the person knows to be treating	879
the deceased for a condition from which death at such time would	880
not be unexpected, or to a law enforcement officer, an ambulance	881
service, an emergency squad, or the coroner in a political	882
subdivision in which the body is discovered, the death is believed	883
to have occurred, or knowledge concerning the death is obtained.	884

(D) No person shall fail to provide upon request of the	885
person to whom a report required by division (C) of this section	886
was made, or to any law enforcement officer who has reasonable	887
cause to assert the authority to investigate the circumstances	888
surrounding the death, any facts within the person's knowledge	889
that may have a bearing on the investigation of the death.	890

(E)(1) As used in this division, "burn injury" means any of	891
the following:	892

(a) Second or third degree burns;

893

(b) Any burns to the upper respiratory tract or laryngeal	894
edema due to the inhalation of superheated air;	895

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

896

(d) Any physical harm to persons caused by or as the result	897
of the use of fireworks, novelties and trick noisemakers, and wire	898
sparklers, as each is defined by section 3743.01 of the Revised	899
Code.	900

(2) No physician, nurse, or limited practitioner who, outside	901
a hospital, sanitarium, or other medical facility, attends or	902
treats a person who has sustained a burn injury that is inflicted	903
by an explosion or other incendiary device or that shows evidence	904
of having been inflicted in a violent, malicious, or criminal	905
manner shall fail to report the burn injury immediately to the	906
local arson, or fire and explosion investigation, bureau, if there	907
is a bureau of this type in the jurisdiction in which the person	908
is attended or treated, or otherwise to local law enforcement	909
authorities.	910

(3) No manager, superintendent, or other person in charge of	911
a hospital, sanitarium, or other medical facility in which a	912
person is attended or treated for any burn injury that is	913
inflicted by an explosion or other incendiary device or that shows	914
evidence of having been inflicted in a violent, malicious, or	915
criminal manner shall fail to report the burn injury immediately	916
to the local arson, or fire and explosion investigation, bureau,	917
if there is a bureau of this type in the jurisdiction in which the	918
person is attended or treated, or otherwise to local law	919
enforcement authorities.	920

(4) No person who is required to report any burn injury under	921
division (E)(2) or (3) of this section shall fail to file, within	922
three working days after attending or treating the victim, a	923
written report of the burn injury with the office of the state	924
fire marshal. The report shall comply with the uniform standard	925
developed by the state fire marshal pursuant to division (A)(15)	926
of section 3737.22 of the Revised Code.	927

(5) Anyone participating in the making of reports under	928
division (E) of this section or anyone participating in a judicial	929
proceeding resulting from the reports is immune from any civil or	930
criminal liability that otherwise might be incurred or imposed as	931
a result of such actions. Notwithstanding section 4731.22 of the	932
Revised Code, the physician-patient relationship is not a ground	933
for excluding evidence regarding a person's burn injury or the	934
cause of the burn injury in any judicial proceeding resulting from	935
a report submitted under division (E) of this section.	936

(F)(1) Any doctor of medicine or osteopathic medicine,	937
hospital intern or resident, registered or licensed practical	938
nurse, psychologist, social worker, independent social worker,	939
social work assistant, professional clinical counselor, or	940
professional counselor who knows or has reasonable cause to	941
believe that a patient or client has been the victim of domestic	942
violence, as defined in section 3113.31 of the Revised Code, shall	943
note that knowledge or belief and the basis for it in the	944
patient's or client's records.	945

(2) Notwithstanding section 4731.22 of the Revised Code, the	946
doctor-patient privilege shall not be a ground for excluding any	947
information regarding the report containing the knowledge or	948
belief noted under division (F)(1) of this section, and the	949
information may be admitted as evidence in accordance with the	950
Rules of Evidence.	951

(G) Divisions (A) and (D) of this section do not require	952
disclosure of information, when any of the following applies:	953

(1) The information is privileged by reason of the	954
relationship between attorney and client; doctor and patient;	955
licensed psychologist or licensed school psychologist and client;	956
member of the clergy, rabbi, minister, or priest and any person	957
communicating information confidentially to the member of the	958
clergy, rabbi, minister, or priest for a religious counseling	959
purpose of a professional character; husband and wife; or a	960
communications assistant and those who are a party to a	961
telecommunications relay service call.	962

(2) The information would tend to incriminate a member of the	963
actor's immediate family.	964

(3) Disclosure of the information would amount to revealing a	965
news source, privileged under section 2739.04 or 2739.12 of the	966
Revised Code.	967

(4) Disclosure of the information would amount to disclosure	968
by a member of the ordained clergy of an organized religious body	969
of a confidential communication made to that member of the clergy	970
in that member's capacity as a member of the clergy by a person	971
seeking the aid or counsel of that member of the clergy.	972

(5) Disclosure would amount to revealing information acquired	973
by the actor in the course of the actor's duties in connection	974
with a bona fide program of treatment or services for drug	975
dependent persons or persons in danger of drug dependence, which	976
program is maintained or conducted by a hospital, clinic, person,	977
agency, or organization certified pursuant to section 3793.06 of	978
the Revised Code.	979

(6) Disclosure would amount to revealing information acquired	980
by the actor in the course of the actor's duties in connection	981
with a bona fide program for providing counseling services to	982
victims of crimes that are violations of section 2907.02 or	983
2907.05 of the Revised Code or to victims of felonious sexual	984
penetration in violation of former section 2907.12 of the Revised	985
Code. As used in this division, "counseling services" include	986
services provided in an informal setting by a person who, by	987
education or experience, is competent to provide those services.	988

(H) No disclosure of information pursuant to this section	989
gives rise to any liability or recrimination for a breach of	990
privilege or confidence.	991

(I) Whoever violates division (A) or (B) of this section is	992
guilty of failure to report a crime. Violation of division (A)(1)	993
of this section is a misdemeanor of the fourth degree. Violation	994
of division (A)(2) or (B) of this section is a misdemeanor of the	995
second degree.	996

(J) Whoever violates division (C) or (D) of this section is	997
guilty of failure to report knowledge of a death, a misdemeanor of	998
the fourth degree.	999

(K)(1) Whoever negligently violates division (E) of this	1000
section is guilty of a minor misdemeanor.	1001

(2) Whoever knowingly violates division (E) of this section	1002
is guilty of a misdemeanor of the second degree.	1003

Sec. 3333.42. No state institution of higher education, as	1004
defined in section 3345.011 of the Revised Code, shall charge a	1005
nonresident student who is a member of the armed forces of the	1006
United States and who is stationed in this state pursuant to	1007
military orders, or who is the spouse or dependent child of such a	1008
student, rates for tuition and fees that are higher than the rates	1009
charged to an Ohio resident.	1010

Sec. 3345.01.  Except as provided in sections 3333.17 and,	1011
3333.32, and 3333.42 of the Revised Code, the board of trustees of	1012
a state university or college, as defined in section 3345.12 of	1013
the Revised Code, may charge reasonable tuition for the attendance	1014
of pupils who are nonresidents of Ohio.	1015

Sec. 5903.02.  (A) As used in this section, "uniformed	1016
services" and "service in the uniformed services" have the same	1017
meanings as in the "Uniformed Services Employment and	1018
Reemployment Rights Act of 1994," 108 Stat. 3149, 38 U.S.C.A.	1019
4303.	1020

(B) Any person whose absence from a position of employment is	1021
necessitated by reason of service in the uniformed services or in	1022
the Ohio organized militia has the same reinstatement and	1023
reemployment rights in this state that a person has under the	1024
"Uniformed Services Employment and Reemployment Rights Act of	1025
1994." A person who is denied a reinstatement or reemployment	1026
right pursuant to this section has a cause of action for the same	1027
remedies as a person has under the "Uniformed Services Employment	1028
and Reemployment Rights Act of 1994." The court of common pleas,	1029
notwithstanding any sum limitation established by decision of a	1030
board of county commissioners pursuant to section 2305.01 of the	1031
Revised Code, shall have exclusive original jurisdiction for such	1032
actions, unless the defendant is the state, in which case the	1033
court of claims shall have exclusive original jurisdiction	1034
pursuant to division (C) of this section.	1035

(C) A person who seeks reinstatement or reemployment rights	1036
with the state, pursuant to this section, may bring an action in	1037
the court of claims pursuant to this section or section 4323 of	1038
the "Uniformed Services Employment and Reemployment Rights Act of	1039
1994."	1040

(D) In any action or proceeding to enforce a provision of	1041
this section, the court shall require the defendant to pay the	1042
court costs if the plaintiff is the prevailing party in the action	1043
or proceeding. If the plaintiff is not the prevailing party, the	1044
court may use its discretion in allocating court costs among the	1045
parties to the action.	1046

(E) In any action or proceeding to enforce a provision of	1047
this section the court may award to a plaintiff who prevails in	1048
such action or proceeding reasonable attorney's fees, expert	1049
witness fees, and other litigation expenses. If the plaintiff does	1050
not receive a favorable judgment from the court in that action,	1051
the court shall not require the plaintiff to reimburse the state	1052
or the defendant for attorney's fees.	1053

(F) The director of administrative services shall adopt rules	1054
in accordance with Chapter 119. of the Revised Code for the	1055
implementation of this chapter with respect to persons in public	1056
service.	1057

(G) A person is not entitled to a remedy in a state action	1058
under division (B) or (C) of this section if the person has	1059
received a remedy based on the same facts under the "Uniformed	1060
Services Employment and Reemployment Rights Act of 1994." If a	1061
person has received a remedy in a state action under division (B)	1062
or (C) of this section and then receives a remedy based on the	1063
same facts under the "Uniformed Services Employment and	1064
Reemployment Rights Act of 1994," the person shall reimburse the	1065
judgment debtor the value of the federal remedy or the state	1066
remedy whichever is less.	1067

Sec. 5913.11. (A) There is hereby created the Ohio military	1068
medal of distinction. The adjutant general shall design the medal	1069
and coordinate an eligibility establishment program. An individual	1070
is eligible for the medal if the individual was killed in the line	1071
of duty while doing one of the following:	1072

(1) Engaging in an action against an enemy of the United	1073
States;	1074

(2) Engaging in military operations involving conflict with	1075
an opposing foreign force;	1076

(3) Serving with friendly foreign forces engaged in an armed	1077
conflict against an opposing armed force in which the United	1078
States is not a belligerent party; or	1079

(4) Serving in a combat zone designated by presidential	1080
order.	1081

(B) To receive the Ohio military medal of distinction, an	1082
individual shall be at least one of the following at the time the	1083
member was killed in the line of duty:	1084

(1) An Ohio national guard member who is a resident of this	1085
state;	1086

(2) A United States military reserves member who is a	1087
resident of this state;	1088

(3) A United States armed forces member who is either a	1089
resident of this state or stationed in this state by a United	1090
States department of defense order.	1091

(C) At least once per year, both houses of the general	1092
assembly shall obtain a list of eligible medal recipients from the	1093
adjutant general and meet in joint convention to recognize the	1094
medal recipients for the prior year.	1095

Section 2. That existing sections 149.43, 317.24, 317.27,	1096
2313.16, 2741.02, 2921.22, 3345.01, and 5903.02 of the Revised	1097
Code are hereby repealed.	1098

Section 3.  The Adjutant General shall examine and make	1099
recommendations on the feasibility of establishing an Ohio	1100
National Guard Youth Challenge Program. The Adjutant General shall	1101
issue a report of the Adjutant General's findings and	1102
recommendations to the President of the Senate, the Speaker of the	1103
House of Representatives, and the Governor not later than the	1104
effective date of this act.	1105

Section 4.  Section 149.43 of the Revised Code is presented	1106
in this act as a composite of the section as amended by both Sub.	1107
H.B. 9 and Sub. H.B. 141 of the 126th General Assembly. The	1108
General Assembly, applying the principle stated in division (B)	1109
of section 1.52 of the Revised Code that amendments are to be	1110
harmonized if reasonably capable of simultaneous operation, finds	1111
that the composite is the resulting version of the section in	1112
effect prior to the effective date of the section as presented in	1113
this act.	1114