Sec. 121.40. (A) There is hereby created the Ohio community | 10 |
service council consisting of twenty-one voting members including | 11 |
the superintendent of public instruction or the superintendent's | 12 |
designee, the chancellor of the Ohio board of regents or the | 13 |
chancellor's designee, the director of youth services or the | 14 |
director's designee, the director of aging or the director's | 15 |
designee, the chairperson of the committee of the house of | 16 |
representatives dealing with education or the chairperson's | 17 |
designee, the chairperson of the committee of the senate dealing | 18 |
with education or the chairperson's designee, and fifteen members | 19 |
who shall be appointed by the governor with the advice and consent | 20 |
of the senate and who shall serve terms of office of three years. | 21 |
The appointees shall include educators, including teachers and | 22 |
administrators; representatives of youth organizations; students | 23 |
and parents; representatives of organizations engaged in volunteer | 24 |
program development and management throughout the state, including | 25 |
youth and conservation programs; and representatives of business, | 26 |
government, nonprofit organizations, social service agencies, | 27 |
veterans organizations, religious organizations, or philanthropies | 28 |
that support or encourage volunteerism within the state. The | 29 |
director of the governor's office of faith-based and community | 30 |
initiatives shall serve as a nonvoting ex officio member of the | 31 |
council. Members of the council shall receive no compensation, but | 32 |
shall be reimbursed for actual and necessary expenses incurred in | 33 |
the performance of their official duties. | 34 |
(B) The council shall appoint an executive director for the | 35 |
council, who shall be in the unclassified civil service. The | 36 |
governor shall be informed of the appointment of an executive | 37 |
director before such an appointment is made.
The executive | 38 |
director shall supervise the council's activities and report to | 39 |
the council on the progress of those activities. The executive | 40 |
director shall do all things necessary for the efficient and | 41 |
effective implementation of the duties of the council. | 42 |
(1) Employ, promote, supervise, and remove all employees as | 48 |
needed in connection with the performance of its duties under this | 49 |
section and may assign duties to those employees as necessary to | 50 |
achieve the most efficient performance of its functions, and to | 51 |
that end may establish, change, or abolish positions, and assign | 52 |
and reassign duties and responsibilities of any employee of the | 53 |
council. Personnel employed by the council who are subject to | 54 |
Chapter 4117. of the Revised Code shall retain all of their rights | 55 |
and benefits conferred pursuant to that chapter. Nothing in this | 56 |
chapter shall be construed as eliminating or interfering with | 57 |
Chapter 4117. of the Revised Code or the rights and benefits | 58 |
conferred under that chapter to public employees or to any | 59 |
bargaining unit. | 60 |
(3) Acquire facilities, equipment, and supplies necessary to | 63 |
house the council, its employees, and files and records under its | 64 |
control, and to discharge any duty imposed upon it by law. The | 65 |
expense of these acquisitions shall be audited and paid for in the | 66 |
same manner as other state expenses. For that purpose, the council | 67 |
shall prepare and submit to the office of budget and management a | 68 |
budget for each biennium according to sections 101.532 and 107.03 | 69 |
of the Revised Code. The budget submitted shall cover the costs of | 70 |
the council and its staff in the discharge of any duty imposed | 71 |
upon the council by law. The council shall not delegate any | 72 |
authority to obligate funds. | 73 |
(7) Assist in coordinating and preparing the state | 81 |
application for funds under sections 101 to 184 of the "National | 82 |
and Community Service Act of 1990," 104 Stat. 3127 (1990), 42 | 83 |
U.S.C.A. 12411 to 12544, as amended, assist in administering and | 84 |
overseeing the "National and Community Service Trust Act of 1993," | 85 |
P.L. 103-82, 107 Stat. 785, and the americorps program in this | 86 |
state, and assist in developing objectives for a comprehensive | 87 |
strategy to encourage and expand community service programs | 88 |
throughout the state; | 89 |
(10) Suggest individuals and organizations that are available | 99 |
to assist school districts, institutions of higher education, and | 100 |
the departments of natural resources, youth services, aging, and | 101 |
job and family services in the establishment of community service | 102 |
programs and assist in investigating sources of funding for | 103 |
implementing these programs; | 104 |
(11) Assist in evaluating the state's efforts in providing | 105 |
community service programs using standards and methods that are | 106 |
consistent with any statewide objectives for these programs and | 107 |
provide information to the state board of education, school | 108 |
districts, the chancellor of the board of regents, institutions of | 109 |
higher education, and the departments of natural resources, youth | 110 |
services, aging, and job and family services to guide them in | 111 |
making decisions about these programs; | 112 |
(D) The council shall in writing enter into an agreement with | 121 |
another state agency to serve as the council's fiscal agent. | 122 |
Before entering into such an agreement, the council shall inform | 123 |
the governor of the terms of the agreement and of the state agency | 124 |
designated to serve as the council's fiscal agent. The fiscal | 125 |
agent shall be responsible for all the council's fiscal matters | 126 |
and financial transactions, as specified in the agreement. | 127 |
Services to be provided by the fiscal agent include, but are not | 128 |
limited to, the following: | 129 |
(D)(1) This section does not apply to a police dog that has | 199 |
bitten a person while the police dog is under the care of a | 200 |
licensed veterinarian or has bitten a person while the police dog | 201 |
is being used for law enforcement, corrections, prison or jail | 202 |
security, or investigative purposes. If, after biting a person, a | 203 |
police dog exhibits any abnormal behavior, the law enforcement | 204 |
agency and the law enforcement officer the police dog assists, | 205 |
within a reasonable time after the person is bitten, shall make | 206 |
the police dog available for the board of health for the district | 207 |
in which the bite occurred to perform tests for rabies. | 208 |
(2) This section does not apply to a search and rescue dog | 209 |
that has bitten a person while the search and rescue dog is under | 210 |
the care of a licensed veterinarian or has bitten a person while | 211 |
the search and rescue dog is being used in a search and rescue | 212 |
operation. If a search and rescue dog exhibits any abnormal | 213 |
behavior after biting a person, the owner of the search and rescue | 214 |
dog shall make the search and rescue dog available within a | 215 |
reasonable time after the person is bitten for the board of health | 216 |
for the district in which the bite occurred to perform tests for | 217 |
rabies. | 218 |
(A) "Deception" means knowingly deceiving another or causing | 224 |
another to be deceived by any false or misleading representation, | 225 |
by withholding information, by preventing another from acquiring | 226 |
information, or by any other conduct, act, or omission that | 227 |
creates, confirms, or perpetuates a false impression in another, | 228 |
including a false impression as to law, value, state of mind, or | 229 |
other objective or subjective fact. | 230 |
(D) "Owner" means, unless the context requires a different | 245 |
meaning, any person, other than the actor, who is the owner of, | 246 |
who has possession or control of, or who has any license or | 247 |
interest in property or services, even though the ownership, | 248 |
possession, control, license, or interest is unlawful. | 249 |
(E) "Services" include labor, personal services, professional | 250 |
services, rental services, public utility services including | 251 |
wireless service as defined in division (F)(1) of section 4931.40 | 252 |
of the Revised Code, common carrier services, and food, drink, | 253 |
transportation, entertainment, and cable television services and, | 254 |
for purposes of section 2913.04 of the Revised Code, include cable | 255 |
services as defined in that section. | 256 |
(F) "Writing" means any computer software, document, letter, | 257 |
memorandum, note, paper, plate, data, film, or other thing having | 258 |
in or upon it any written, typewritten, or printed matter, and any | 259 |
token, stamp, seal, credit card, badge, trademark, label, or other | 260 |
symbol of value, right, privilege, license, or identification. | 261 |
(1) A violation of section 2911.01, 2911.02, 2911.11, | 280 |
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, | 281 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 282 |
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45, | 283 |
2913.47, former section 2913.47 or 2913.48, or section 2913.51, | 284 |
2915.05, or 2921.41 of the Revised Code; | 285 |
(3) An offense under an existing or former municipal | 291 |
ordinance or law of this or any other state, or of the United | 292 |
States, involving robbery, burglary, breaking and entering, theft, | 293 |
embezzlement, wrongful conversion, forgery, counterfeiting, | 294 |
deceit, or fraud; | 295 |
(M) "Computer" means an electronic device that performs | 303 |
logical, arithmetic, and memory functions by the manipulation of | 304 |
electronic or magnetic impulses. "Computer" includes, but is not | 305 |
limited to, all input, output, processing, storage, computer | 306 |
program, or communication facilities that are connected, or | 307 |
related, in a computer system or network to an electronic device | 308 |
of that nature. | 309 |
(N) "Computer system" means a computer and related devices, | 310 |
whether connected or unconnected, including, but not limited to, | 311 |
data input, output, and storage devices, data communications | 312 |
links, and computer programs and data that make the system capable | 313 |
of performing specified special purpose data processing tasks. | 314 |
(R) "Data" means a representation of information, knowledge, | 326 |
facts, concepts, or instructions that are being or have been | 327 |
prepared in a formalized manner and that are intended for use in a | 328 |
computer, computer system, or computer network. For purposes of | 329 |
section 2913.47 of the Revised Code, "data" has the additional | 330 |
meaning set forth in division (A) of that section. | 331 |
(T) "Gain access" means to approach, instruct, communicate | 338 |
with, store data in, retrieve data from, or otherwise make use of | 339 |
any resources of a computer, computer system, or computer network, | 340 |
or any cable service or cable system both as defined in section | 341 |
2913.04 of the Revised Code. | 342 |
(U) "Credit card" includes, but is not limited to, a card, | 343 |
code, device, or other means of access to a customer's account for | 344 |
the purpose of obtaining money, property, labor, or services on | 345 |
credit, or for initiating an electronic fund transfer at a | 346 |
point-of-sale terminal, an automated teller machine, or a cash | 347 |
dispensing machine. It also includes a county procurement card | 348 |
issued under section 301.29 of the Revised Code. | 349 |
(X) "Telecommunication" means the origination, emission, | 359 |
dissemination, transmission, or reception of data, images, | 360 |
signals, sounds, or other intelligence or equivalence of | 361 |
intelligence of any nature over any communications system by any | 362 |
method, including, but not limited to, a fiber optic, electronic, | 363 |
magnetic, optical, digital, or analog method. | 364 |
(Y) "Telecommunications device" means any instrument, | 365 |
equipment, machine, or other device that facilitates | 366 |
telecommunication, including, but not limited to, a computer, | 367 |
computer network, computer chip, computer circuit, scanner, | 368 |
telephone, cellular telephone, pager, personal communications | 369 |
device, transponder, receiver, radio, modem, or device that | 370 |
enables the use of a modem. | 371 |
(AA) "Counterfeit telecommunications device" means a | 376 |
telecommunications device that, alone or with another | 377 |
telecommunications device, has been altered, constructed, | 378 |
manufactured, or programmed to acquire, intercept, receive, or | 379 |
otherwise facilitate the use of a telecommunications service or | 380 |
information service without the authority or consent of the | 381 |
provider of the telecommunications service or information service. | 382 |
"Counterfeit telecommunications device" includes, but is not | 383 |
limited to, a clone telephone, clone microchip, tumbler telephone, | 384 |
or tumbler microchip; a wireless scanning device capable of | 385 |
acquiring, intercepting, receiving, or otherwise facilitating the | 386 |
use of telecommunications service or information service without | 387 |
immediate detection; or a device, equipment, hardware, or software | 388 |
designed for, or capable of, altering or changing the electronic | 389 |
serial number in a wireless telephone. | 390 |
(BB)(1) "Information service" means, subject to division | 391 |
(BB)(2) of this section, the offering of a capability for | 392 |
generating, acquiring, storing, transforming, processing, | 393 |
retrieving, utilizing, or making available information via | 394 |
telecommunications, including, but not limited to, electronic | 395 |
publishing. | 396 |
(DD) "Disabled adult" means a person who is eighteen years of | 403 |
age or older and has some impairment of body or mind that makes | 404 |
the person unable to work at any substantially remunerative | 405 |
employment that the person otherwise would be able to perform and | 406 |
that will, with reasonable probability, continue for a period of | 407 |
at least twelve months without any present indication of recovery | 408 |
from the impairment, or who is eighteen years of age or older and | 409 |
has been certified as permanently and totally disabled by an | 410 |
agency of this state or the United States that has the function of | 411 |
so classifying persons. | 412 |
(b) Misusing computer or network services including, but not | 426 |
limited to, mail transfer programs, file transfer programs, proxy | 427 |
servers, and web servers by performing functions not authorized by | 428 |
the owner of the computer, computer system, or computer network or | 429 |
other person authorized to give consent. As used in this division, | 430 |
"misuse of computer and network services" includes, but is not | 431 |
limited to, the unauthorized use of any of the following: | 432 |
(c)(i) Subject to division (II)(1)(c)(ii) of this section, | 439 |
using a group of computer programs commonly known as "port | 440 |
scanners" or "probes" to intentionally access any computer, | 441 |
computer system, or computer network without the permission of the | 442 |
owner of the computer, computer system, or computer network or | 443 |
other person authorized to give consent. The group of computer | 444 |
programs referred to in this division includes, but is not limited | 445 |
to, those computer programs that use a computer network to access | 446 |
a computer, computer system, or another computer network to | 447 |
determine any of the following: the presence or types of computers | 448 |
or computer systems on a network; the computer network's | 449 |
facilities and capabilities; the availability of computer or | 450 |
network services; the presence or versions of computer software | 451 |
including, but not limited to, operating systems, computer | 452 |
services, or computer contaminants; the presence of a known | 453 |
computer software deficiency that can be used to gain unauthorized | 454 |
access to a computer, computer system, or computer network; or any | 455 |
other information about a computer, computer system, or computer | 456 |
network not necessary for the normal and lawful operation of the | 457 |
computer initiating the access. | 458 |
(ii) The group of computer programs referred to in division | 459 |
(II)(1)(c)(i) of this section does not include standard computer | 460 |
software used for the normal operation, administration, | 461 |
management, and test of a computer, computer system, or computer | 462 |
network including, but not limited to, domain name services, mail | 463 |
transfer services, and other operating system services, computer | 464 |
programs commonly called "ping," "tcpdump," and "traceroute" and | 465 |
other network monitoring and management computer software, and | 466 |
computer programs commonly known as "nslookup" and "whois" and | 467 |
other systems administration computer software. | 468 |
(2) Except as otherwise provided in this division or division | 503 |
(B)(3), (4), (5), (6), (7), or (8) of this section, a violation of | 504 |
this section is petty theft, a misdemeanor of the first degree. If | 505 |
the value of the property or services stolen is five hundred | 506 |
dollars or more and is less than five thousand dollars or if the | 507 |
property stolen is any of the property listed in section 2913.71 | 508 |
of the Revised Code, a violation of this section is theft, a | 509 |
felony of the fifth degree. If the value of the property or | 510 |
services stolen is five thousand dollars or more and is less than | 511 |
one hundred thousand dollars, a violation of this section is grand | 512 |
theft, a felony of the fourth degree. If the value of the property | 513 |
or services stolen is one hundred thousand dollars or more and is | 514 |
less than five hundred thousand dollars, a violation of this | 515 |
section is aggravated theft, a felony of the third degree. If the | 516 |
value of the property or services is five hundred thousand dollars | 517 |
or more and is less than one million dollars, a violation of this | 518 |
section is aggravated theft, a felony of the second degree. If the | 519 |
value of the property or services stolen is one million dollars or | 520 |
more, a violation of this section is aggravated theft of one | 521 |
million dollars or more, a felony of the first degree. | 522 |
(3) Except as otherwise provided in division (B)(4), (5), | 523 |
(6), (7), or (8) of this section, if the victim of the offense is | 524 |
an elderly person or disabled adult, a violation of this section | 525 |
is theft from an elderly person or disabled adult, and division | 526 |
(B)(3) of this section applies. Except as otherwise provided in | 527 |
this division, theft from an elderly person or disabled adult is a | 528 |
felony of the fifth degree. If the value of the property or | 529 |
services stolen is five hundred dollars or more and is less than | 530 |
five thousand dollars, theft from an elderly person or disabled | 531 |
adult is a felony of the fourth degree. If the value of the | 532 |
property or services stolen is five thousand dollars or more and | 533 |
is less than twenty-five thousand dollars, theft from an elderly | 534 |
person or disabled adult is a felony of the third degree. If the | 535 |
value of the property or services stolen is twenty-five thousand | 536 |
dollars or more and is less than one hundred thousand dollars, | 537 |
theft from an elderly person or disabled adult is a felony of the | 538 |
second degree. If the value of the property or services stolen is | 539 |
one hundred thousand dollars or more, theft from an elderly person | 540 |
or disabled adult is a felony of the first degree. | 541 |
(4) If the property stolen is a firearm or dangerous | 542 |
ordnance, a violation of this section is grand theft. Except as | 543 |
otherwise provided in this division, grand theft when the property | 544 |
stolen is a firearm or dangerous ordnance is a felony of the third | 545 |
degree, and there is a presumption in favor of the court imposing | 546 |
a prison term for the offense. If the firearm or dangerous | 547 |
ordnance was stolen from a federally licensed firearms dealer, | 548 |
grand theft when the property stolen is a firearm or dangerous | 549 |
ordnance is a felony of the first degree. The offender shall serve | 550 |
a prison term imposed for grand theft when the property stolen is | 551 |
a firearm or dangerous ordnance consecutively to any other prison | 552 |
term or mandatory prison term previously or subsequently imposed | 553 |
upon the offender. | 554 |
(7) If the property stolen is a police dog or horse, a search | 562 |
and rescue dog or horse, or an assistance dog and the offender | 563 |
knows or should know that the property stolen is a police dog or | 564 |
horse, a search and rescue dog or horse, or an assistance dog, a | 565 |
violation of this section is theft of a police dog or horse, a | 566 |
search and rescue dog or horse, or an assistance dog, a felony of | 567 |
the third degree. | 568 |
(b) If the offender's driver's license, probationary driver's | 584 |
license, commercial driver's license, temporary instruction | 585 |
permit, or nonresident operating privilege has previously been | 586 |
suspended pursuant to division (B)(9)(a) of this section, impose a | 587 |
class seven suspension of the offender's license, permit, or | 588 |
privilege from the range specified in division (A)(7) of section | 589 |
4510.02 of the Revised Code, provided that the suspension shall be | 590 |
for at least six months. | 591 |
(10) In addition to the penalties described in division | 592 |
(B)(2) of this section, if the offender committed the violation by | 593 |
stealing rented property or rental services, the court may order | 594 |
that the offender make restitution pursuant to section 2929.18 or | 595 |
2929.28 of the Revised Code. Restitution may include, but is not | 596 |
limited to, the cost of repairing or replacing the stolen | 597 |
property, or the cost of repairing the stolen property and any | 598 |
loss of revenue resulting from deprivation of the property due to | 599 |
theft of rental services that is less than or equal to the actual | 600 |
value of the property at the time it was rented. Evidence of | 601 |
intent to commit theft of rented property or rental services shall | 602 |
be determined pursuant to the provisions of section 2913.72 of the | 603 |
Revised Code. | 604 |
(5) If the person is the owner, keeper, or harborer of a dog, | 641 |
fail to reasonably restrain the dog from taunting, tormenting, | 642 |
chasing, approaching in a menacing fashion or apparent attitude of | 643 |
attack, or attempting to bite or otherwise endanger a police dog | 644 |
or horse that at the time of the conduct is assisting a law | 645 |
enforcement officer in the performance of the officer's duties or | 646 |
that the person knows is a police dog or horse. | 647 |
(5) If the person is the owner, keeper, or harborer of a dog, | 677 |
fail to reasonably restrain the dog from taunting, tormenting, | 678 |
chasing, approaching in a menacing fashion or apparent attitude of | 679 |
attack, or attempting to bite or otherwise endanger an assistance | 680 |
dog that at the time of the conduct is assisting or serving a | 681 |
blind, deaf or hearing impaired, or mobility impaired person or | 682 |
that the person knows is an assistance dog. | 683 |
(5) If the person is the owner, keeper, or harborer of a dog, | 716 |
fail to reasonably restrain the dog from taunting, tormenting, | 717 |
chasing, approaching in a menacing fashion or apparent attitude of | 718 |
attack, or attempting to bite or otherwise endanger a search and | 719 |
rescue dog or horse that at the time of the conduct is engaged in | 720 |
a search and rescue operation or that the person knows is a search | 721 |
and rescue dog or horse. | 722 |
(G)(1) Whoever violates division (A) of this section is | 723 |
guilty of assaulting a police dog or horse. Except as otherwise | 724 |
provided in this division, assaulting a police dog or horse is a | 725 |
misdemeanor of the second degree. If the violation results in the | 726 |
death of the police dog or horse, assaulting a police dog or horse | 727 |
is a felony of the third degree. If the violation results in | 728 |
serious physical harm to the police dog or horse other than its | 729 |
death, assaulting a police dog or horse is a felony of the fourth | 730 |
degree. If the violation results in physical harm to the police | 731 |
dog or horse other than death or serious physical harm, assaulting | 732 |
a police dog or horse is a misdemeanor of the first degree. | 733 |
(2) Whoever violates division (B) of this section is guilty | 734 |
of harassing a police dog or horse. Except as otherwise provided | 735 |
in this division, harassing a police dog or horse is a misdemeanor | 736 |
of the second degree. If the violation results in the death of the | 737 |
police dog or horse, harassing a police dog or horse is a felony | 738 |
of the third degree. If the violation results in serious physical | 739 |
harm to the police dog or horse, but does not result in its death, | 740 |
harassing a police dog or horse, is a felony of the fourth degree. | 741 |
If the violation results in physical harm to the police dog or | 742 |
horse, but does not result in its death or in serious physical | 743 |
harm to it, harassing a police dog or horse is a misdemeanor of | 744 |
the first degree. | 745 |
(3) Whoever violates division (C) of this section is guilty | 746 |
of assaulting an assistance dog. Except as otherwise provided in | 747 |
this division, assaulting an assistance dog is a misdemeanor of | 748 |
the second degree. If the violation results in the death of the | 749 |
assistance dog, assaulting an assistance dog is a felony of the | 750 |
third degree. If the violation results in serious physical harm to | 751 |
the assistance dog other than its death, assaulting an assistance | 752 |
dog is a felony of the fourth degree. If the violation results in | 753 |
physical harm to the assistance dog other than death or serious | 754 |
physical harm, assaulting an assistance dog is a misdemeanor of | 755 |
the first degree. | 756 |
(4) Whoever violates division (D) of this section is guilty | 757 |
of harassing an assistance dog. Except as otherwise provided in | 758 |
this division, harassing an assistance dog is a misdemeanor of the | 759 |
second degree. If the violation results in the death of the | 760 |
assistance dog, harassing an assistance dog is a felony of the | 761 |
third degree. If the violation results in serious physical harm to | 762 |
the assistance dog, but does not result in its death, harassing an | 763 |
assistance dog is a felony of the fourth degree. If the violation | 764 |
results in physical harm to the assistance dog, but does not | 765 |
result in its death or in serious physical harm to it, harassing | 766 |
an assistance dog is a misdemeanor of the first degree. | 767 |
(5) Whoever violates division (E) of this section is guilty | 768 |
of assaulting a search and rescue dog or horse. Except as | 769 |
otherwise provided in this division, assaulting a search and | 770 |
rescue dog or horse is a misdemeanor of the second degree. If the | 771 |
violation results in the death of the search and rescue dog or | 772 |
horse, assaulting a search and rescue dog or horse is a felony of | 773 |
the third degree. If the violation results in serious physical | 774 |
harm to the search and rescue dog or horse other than its death, | 775 |
assaulting a search and rescue dog or horse is a felony of the | 776 |
fourth degree. If the violation results in physical harm to the | 777 |
search and rescue dog or horse other than death or serious | 778 |
physical harm, assaulting a search and rescue dog or horse is a | 779 |
misdemeanor of the first degree. | 780 |
(6) Whoever violates division (F) of this section is guilty | 781 |
of harassing a search and rescue dog or horse. Except as otherwise | 782 |
provided in this division, harassing a search and rescue dog or | 783 |
horse is a misdemeanor of the second degree. If the violation | 784 |
results in the death of the search and rescue dog or horse, | 785 |
harassing a search and rescue dog or horse is a felony of the | 786 |
third degree. If the violation results in serious physical harm to | 787 |
the search and rescue dog or horse other than its death, harassing | 788 |
a search and rescue dog or horse is a felony of the fourth degree. | 789 |
If the violation results in physical harm to the search and rescue | 790 |
dog or horse other than death or serious physical harm, harassing | 791 |
a search and rescue dog or horse is a misdemeanor of the first | 792 |
degree. | 793 |
(7) In addition to any other sanction or penalty imposed for | 794 |
the offense under this section, Chapter 2929., or any other | 795 |
provision of the Revised Code, whoever violates division (A), (B), | 796 |
(C), or (D), (E), or (F) of this section is responsible for the | 797 |
payment of all of the following: | 798 |
(a) Any veterinary bill or bill for medication incurred as a | 799 |
result of the violation by the police department regarding a | 800 |
violation of division (A) or (B) of this section or, by the blind, | 801 |
deaf or hearing impaired, or mobility impaired person assisted or | 802 |
served by the assistance dog regarding a violation of division (C) | 803 |
or (D) of this section, or by the owner of the search and rescue | 804 |
dog or horse regarding a violation of division (E) or (F) of this | 805 |
section; | 806 |
(c) If the violation did not result in the death of the | 809 |
police dog or horse, the search and rescue dog or horse, or the | 810 |
assistance dog that was the subject of the violation and if, as a | 811 |
result of that dog or horse being the subject of the violation, | 812 |
the dog or horse needs further training or retraining to be able | 813 |
to continue in the capacity of a police dog or horse, a search and | 814 |
rescue dog or horse, or an assistance dog, the cost of any further | 815 |
training or retraining of that dog or horse by a law enforcement | 816 |
officer or, by the blind, deaf or hearing impaired, or mobility | 817 |
impaired person assisted or served by the assistance dog, or by | 818 |
the owner of the search and rescue dog or horse; | 819 |
(d) If the violation resulted in the death of the police dog | 820 |
or horse, the search and rescue dog or horse, or the assistance | 821 |
dog that was the subject of the violation or resulted in serious | 822 |
physical harm to that dog or horse to the extent that the dog or | 823 |
horse needs to be replaced on either a temporary or a permanent | 824 |
basis, the cost of replacing that dog or horse and of any further | 825 |
training of a new police dog or horse or a new assistance dog by | 826 |
a law enforcement officer or, by the blind, deaf or hearing | 827 |
impaired, or mobility impaired person assisted or served by the | 828 |
assistance dog, or by the owner of the search and rescue dog or | 829 |
horse, which replacement or training is required because of the | 830 |
death of or the serious physical harm to the dog or horse that was | 831 |
the subject of the violation. | 832 |
(2) Provide administration, appoint personnel, make reports, | 866 |
and take other action as necessary to comply with the requirements | 867 |
of the "Construction and Modernization of Hospitals and Other | 868 |
Medical Facilities Act," Title VI of the "Public Health Service | 869 |
Act," 60 Stat. 1041 (1946), 42 U.S.C. 291, as amended, and the | 870 |
regulations adopted under that act; | 871 |
(5) On behalf of the state, solicit, accept, hold, | 879 |
administer, and deposit in the state treasury to the credit of the | 880 |
general operations fund created in section 3701.83 of the Revised | 881 |
Code, any grant, gift, devise, bequest, or contribution made to | 882 |
assist in meeting the cost of carrying out the director's | 883 |
responsibilities and expend the grant, gift, devise, bequest, or | 884 |
contribution for the purpose for which made. Fees collected by the | 885 |
director in connection with meetings and conferences shall also be | 886 |
credited to the fund and expended for the purposes for which paid. | 887 |
(1) Advise, assist, consult with, and cooperate with agencies | 897 |
and political subdivisions of this state to establish and maintain | 898 |
a statewide system for recruiting, registering, training, and | 899 |
deploying volunteers the director determines are advisable and | 900 |
reasonably necessary to respond to an emergency involving the | 901 |
public's healthdeclared by the state or a political subdivision; | 902 |
(B)(C) The director of health may enter into agreements to | 906 |
sell services offered by the department of health to boards of | 907 |
health of city and general health districts and to other | 908 |
departments, agencies, and institutions of this state, other | 909 |
states, or the United States. Fees collected by the director for | 910 |
the sale of services shall be deposited into the state treasury to | 911 |
the credit of the general operations fund created in section | 912 |
3701.83 of the Revised Code. | 913 |
(C) A volunteer registered under this section is not liable | 938 |
in damages to any person or government entity in tort or other | 939 |
civil action, including an action upon a medical, dental, | 940 |
chiropractic, optometric, or other health-related claim or | 941 |
veterinary claim, for injury, death, or loss to person or property | 942 |
that may arise from an act or omission of that volunteer. This | 943 |
division applies to a registered volunteer while providing | 944 |
services within the scope of the volunteer's responsibilities | 945 |
during an emergency declared by the state or political subdivision | 946 |
or in disaster-related exercises, testing, or other training | 947 |
activities, if the volunteer's act or omission does not constitute | 948 |
willful or wanton misconduct. | 949 |
(4) The employee notified the employer of that employee's | 974 |
status as a registered volunteer when the employee became a | 975 |
registered volunteer. If the employee was a registered volunteer | 976 |
under section 5502.281 of the Revised Code before being employed | 977 |
with that employer, the employee shall notify the employer of the | 978 |
employee's status as a registered volunteer within a reasonable | 979 |
period of time, not to exceed fourteen days, of beginning | 980 |
employment with that employer. | 981 |
(B) If a registered volunteer is a member of an organization | 993 |
that is exempt from federal income taxation under section | 994 |
501(c)(3) of the "Internal Revenue Code of 1986," 100 Stat. 2085, | 995 |
26 U.S.C. 1, as amended, and that is organized to provide | 996 |
emergency response services, then the senior official of the | 997 |
organization shall notify the registered volunteer's employer that | 998 |
the registered volunteer is a member of the organization. The | 999 |
senior official of the organization also shall notify the employer | 1000 |
when the registered volunteer ceases to be a member of the | 1001 |
organization. | 1002 |
(C) Upon receipt of a notice under division (A)(4) or (B) of | 1003 |
this section, the employer shall notify the employee or | 1004 |
organization, in writing, of the number of employees employed by | 1005 |
the employer. Unless otherwise required by section 124.132, | 1006 |
124.138, or 124.1310 of the Revised Code, an employer is not | 1007 |
required to compensate an employee for those hours of work for | 1008 |
which the employee was absent or tardy as a result of the employee | 1009 |
responding to an emergency as a registered volunteer. | 1010 |
Section 3. The General Assembly declares that it is not the | 1021 |
intent of the General Assembly in enacting division (A) of section | 1022 |
5502.282 of the Revised Code in this act to allow a person to | 1023 |
maintain a public policy tort action under the Ohio Supreme | 1024 |
Court's holding in Greeley v. Miami Valley Maintenance Contrs., | 1025 |
Inc. (1990), 49 Ohio St. 3d 228, based on the policies embodied in | 1026 |
this chapter, or any federal, state, or local fair employment law. | 1027 |