As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 300


Representatives Goyal, Ruhl 

Cosponsors: Representatives Driehaus, Murray, Phillips, Yuko, Antonio, Patmon 



A BILL
To amend sections 121.40, 955.261, 2913.01, 2913.02, 1
2921.321, and 3701.04, to enact sections 5502.281 2
and 5502.282, and to repeal section 121.404 of the 3
Revised Code to provide protections for search and 4
rescue dogs and to make changes to the law 5
regarding emergency volunteers.6


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

       Section 1. That sections 121.40, 955.261, 2913.01, 2913.02, 7
2921.321, and 3701.04 be amended and sections 5502.281 and 8
5502.282 of the Revised Code be enacted to read as follows:9

       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

       The responsibilities assigned to the executive director do 43
not relieve the members of the council from final responsibility 44
for the proper performance of the requirements of this section.45

       (C) The council or its designee shall do all of the 46
following:47

       (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

       (2) Maintain its office in Columbus, and may hold sessions at 61
any place within the state;62

       (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

       (4) Pay its own payroll and other operating expenses from 74
line items designated by the general assembly;75

       (5) Retain its fiduciary responsibility as appointing 76
authority. Any transaction instructions shall be certified by the 77
appointing authority or its designee.78

       (6) Establish the overall policy and management of the 79
council in accordance with this chapter;80

       (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

       (8) Assist the state board of education, school districts, 90
the chancellor of the board of regents, and institutions of higher 91
education in coordinating community service education programs 92
through cooperative efforts between institutions and organizations 93
in the public and private sectors;94

       (9) Assist the departments of natural resources, youth 95
services, aging, and job and family services in coordinating 96
community service programs through cooperative efforts between 97
institutions and organizations in the public and private sectors;98

       (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

       (12) Assist the state board of education in complying with 113
section 3301.70 of the Revised Code and the chancellor of the 114
board of regents in complying with division (B)(2) of section 115
3333.043 of the Revised Code;116

       (13) Advise, assist, consult with, and cooperate with, by 117
contract or otherwise, agencies and political subdivisions of this 118
state in establishing a statewide system for volunteers pursuant 119
to section 121.404 of the Revised Code.120

       (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

       (1) Preparing and processing payroll and other personnel 130
documents that the council executes as the appointing authority;131

       (2) Maintaining ledgers of accounts and reports of account 132
balances, and monitoring budgets and allotment plans in 133
consultation with the council; and 134

       (3) Performing other routine support services that the fiscal 135
agent considers appropriate to achieve efficiency.136

       (E)(1) The council, in conjunction and consultation with the 137
fiscal agent, has the following authority and responsibility 138
relative to fiscal matters:139

       (a) Sole authority to draw funds for any and all federal 140
programs in which the council is authorized to participate;141

       (b) Sole authority to expend funds from their accounts for 142
programs and any other necessary expenses the council may incur 143
and its subgrantees may incur; and144

       (c) Responsibility to cooperate with and inform the fiscal 145
agent fully of all financial transactions.146

       (2) The council shall follow all state procurement, fiscal, 147
human resources, statutory, and administrative rule requirements.148

       (3) The fiscal agent shall determine fees to be charged to 149
the council, which shall be in proportion to the services 150
performed for the council.151

       (4) The council shall pay fees owed to the fiscal agent from 152
a general revenue fund of the council or from any other fund from 153
which the operating expenses of the council are paid. Any amounts 154
set aside for a fiscal year for the payment of these fees shall be 155
used only for the services performed for the council by the fiscal 156
agent in that fiscal year.157

       (F) The council may accept and administer grants from any 158
source, public or private, to carry out any of the council's 159
functions this section establishes.160

       Sec. 955.261.  (A)(1) No person shall remove a dog that has 161
bitten any person from the county in which the bite occurred until 162
a quarantine period as specified in division (B) of this section 163
has been completed. No person shall transfer a dog that has bitten 164
any person until a quarantine period as specified in division (B) 165
of this section has been completed, except that a person may 166
transfer the dog to the county dog warden or to any other animal 167
control authority.168

       (2)(a) Subject to division (A)(2)(b) of this section, no 169
person shall kill a dog that has bitten any person until a 170
quarantine period as specified in division (B) of this section has 171
been completed.172

       (b) Division (A)(2)(a) of this section does not apply to the 173
killing of a dog in order to prevent further injury or death or if 174
the dog is diseased or seriously injured.175

       (3) No person who has killed a dog that has bitten any person 176
in order to prevent further injury or death or if the dog is 177
diseased or seriously injured shall fail to do both of the 178
following:179

       (a) Immediately after the killing of the dog, notify the 180
board of health for the district in which the bite occurred of the 181
facts relative to the bite and the killing;182

       (b) Hold the body of the dog until that board of health 183
claims it to perform tests for rabies.184

       (B) The quarantine period for a dog that has bitten any 185
person shall be ten days or another period that the board of 186
health for the district in which the bite occurred determines is 187
necessary to observe the dog for rabies.188

       (C)(1) To enable persons to comply with the quarantine 189
requirements specified in divisions (A) and (B) of this section, 190
boards of health shall make provision for the quarantine of 191
individual dogs under the circumstances described in those 192
divisions.193

       (2) Upon the receipt of a notification pursuant to division 194
(A)(3) of this section that a dog that has bitten any person has 195
been killed, the board of health for the district in which the 196
bite occurred shall claim the body of the dog from its killer and 197
then perform tests on the body for rabies.198

       (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

       (E) As used in this section, "police dog," has"search and 219
rescue dog," and "search and rescue operation" have the same220
meaningmeanings as in section 2921.321 of the Revised Code.221

       Sec. 2913.01.  As used in this chapter, unless the context 222
requires that a term be given a different meaning:223

       (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

       (B) "Defraud" means to knowingly obtain, by deception, some 231
benefit for oneself or another, or to knowingly cause, by 232
deception, some detriment to another.233

       (C) "Deprive" means to do any of the following:234

       (1) Withhold property of another permanently, or for a period 235
that appropriates a substantial portion of its value or use, or 236
with purpose to restore it only upon payment of a reward or other 237
consideration;238

       (2) Dispose of property so as to make it unlikely that the 239
owner will recover it;240

       (3) Accept, use, or appropriate money, property, or services, 241
with purpose not to give proper consideration in return for the 242
money, property, or services, and without reasonable justification 243
or excuse for not giving proper consideration.244

       (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

       (G) "Forge" means to fabricate or create, in whole or in part 262
and by any means, any spurious writing, or to make, execute, 263
alter, complete, reproduce, or otherwise purport to authenticate 264
any writing, when the writing in fact is not authenticated by that 265
conduct.266

       (H) "Utter" means to issue, publish, transfer, use, put or 267
send into circulation, deliver, or display.268

       (I) "Coin machine" means any mechanical or electronic device 269
designed to do both of the following:270

       (1) Receive a coin, bill, or token made for that purpose;271

       (2) In return for the insertion or deposit of a coin, bill, 272
or token, automatically dispense property, provide a service, or 273
grant a license.274

       (J) "Slug" means an object that, by virtue of its size, 275
shape, composition, or other quality, is capable of being inserted 276
or deposited in a coin machine as an improper substitute for a 277
genuine coin, bill, or token made for that purpose.278

       (K) "Theft offense" means any of the following:279

       (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

       (2) A violation of an existing or former municipal ordinance 286
or law of this or any other state, or of the United States, 287
substantially equivalent to any section listed in division (K)(1) 288
of this section or a violation of section 2913.41, 2913.81, or 289
2915.06 of the Revised Code as it existed prior to July 1, 1996;290

       (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

       (4) A conspiracy or attempt to commit, or complicity in 296
committing, any offense under division (K)(1), (2), or (3) of this 297
section.298

       (L) "Computer services" includes, but is not limited to, the 299
use of a computer system, computer network, computer program, data 300
that is prepared for computer use, or data that is contained 301
within a computer system or computer network.302

       (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

       (O) "Computer network" means a set of related and remotely 315
connected computers and communication facilities that includes 316
more than one computer system that has the capability to transmit 317
among the connected computers and communication facilities through 318
the use of computer facilities.319

       (P) "Computer program" means an ordered set of data 320
representing coded instructions or statements that, when executed 321
by a computer, cause the computer to process data.322

       (Q) "Computer software" means computer programs, procedures, 323
and other documentation associated with the operation of a 324
computer system.325

       (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

       (S) "Cable television service" means any services provided by 332
or through the facilities of any cable television system or other 333
similar closed circuit coaxial cable communications system, or any 334
microwave or similar transmission service used in connection with 335
any cable television system or other similar closed circuit 336
coaxial cable communications system.337

       (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

       (V) "Electronic fund transfer" has the same meaning as in 92 350
Stat. 3728, 15 U.S.C.A. 1693a, as amended.351

       (W) "Rented property" means personal property in which the 352
right of possession and use of the property is for a short and 353
possibly indeterminate term in return for consideration; the 354
rentee generally controls the duration of possession of the 355
property, within any applicable minimum or maximum term; and the 356
amount of consideration generally is determined by the duration of 357
possession of the property.358

       (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

       (Z) "Telecommunications service" means the providing, 372
allowing, facilitating, or generating of any form of 373
telecommunication through the use of a telecommunications device 374
over a telecommunications system.375

       (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

       (2) "Information service" does not include any use of a 397
capability of a type described in division (BB)(1) of this section 398
for the management, control, or operation of a telecommunications 399
system or the management of a telecommunications service.400

       (CC) "Elderly person" means a person who is sixty-five years 401
of age or older.402

       (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

       (EE) "Firearm" and "dangerous ordnance" have the same 413
meanings as in section 2923.11 of the Revised Code.414

       (FF) "Motor vehicle" has the same meaning as in section 415
4501.01 of the Revised Code.416

       (GG) "Dangerous drug" has the same meaning as in section 417
4729.01 of the Revised Code.418

       (HH) "Drug abuse offense" has the same meaning as in section 419
2925.01 of the Revised Code.420

       (II)(1) "Computer hacking" means any of the following:421

       (a) Gaining access or attempting to gain access to all or 422
part of a computer, computer system, or a computer network without 423
express or implied authorization with the intent to defraud or 424
with intent to commit a crime;425

       (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

       (i) Mail transfer programs to send mail to persons other than 433
the authorized users of that computer or computer network;434

       (ii) File transfer program proxy services or proxy servers to 435
access other computers, computer systems, or computer networks;436

       (iii) Web servers to redirect users to other web pages or web 437
servers.438

       (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

       (d) The intentional use of a computer, computer system, or a 469
computer network in a manner that exceeds any right or permission 470
granted by the owner of the computer, computer system, or computer 471
network or other person authorized to give consent.472

       (2) "Computer hacking" does not include the introduction of a 473
computer contaminant, as defined in section 2909.022909.01 of the 474
Revised Code, into a computer, computer system, computer program, 475
or computer network.476

       (JJ) "Police dog or horse" hasand "search and rescue dog or 477
horse" have the same meaningmeanings as in section 2921.321 of 478
the Revised Code.479

       (KK) "Anhydrous ammonia" is a compound formed by the 480
combination of two gaseous elements, nitrogen and hydrogen, in the 481
manner described in this division. Anhydrous ammonia is one part 482
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by 483
weight is fourteen parts nitrogen to three parts hydrogen, which 484
is approximately eighty-two per cent nitrogen to eighteen per cent 485
hydrogen.486

       (LL) "Assistance dog" has the same meaning as in section 487
955.011 of the Revised Code.488

       (MM) "Federally licensed firearms dealer" has the same 489
meaning as in section 5502.63 of the Revised Code.490

       Sec. 2913.02.  (A) No person, with purpose to deprive the 491
owner of property or services, shall knowingly obtain or exert 492
control over either the property or services in any of the 493
following ways:494

       (1) Without the consent of the owner or person authorized to 495
give consent;496

       (2) Beyond the scope of the express or implied consent of the 497
owner or person authorized to give consent;498

       (3) By deception;499

       (4) By threat;500

       (5) By intimidation.501

       (B)(1) Whoever violates this section is guilty of theft.502

       (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

       (5) If the property stolen is a motor vehicle, a violation of 555
this section is grand theft of a motor vehicle, a felony of the 556
fourth degree.557

       (6) If the property stolen is any dangerous drug, a violation 558
of this section is theft of drugs, a felony of the fourth degree, 559
or, if the offender previously has been convicted of a felony drug 560
abuse offense, a felony of the third degree.561

       (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

       (8) If the property stolen is anhydrous ammonia, a violation 569
of this section is theft of anhydrous ammonia, a felony of the 570
third degree.571

       (9) In addition to the penalties described in division (B)(2) 572
of this section, if the offender committed the violation by 573
causing a motor vehicle to leave the premises of an establishment 574
at which gasoline is offered for retail sale without the offender 575
making full payment for gasoline that was dispensed into the fuel 576
tank of the motor vehicle or into another container, the court may 577
do one of the following:578

        (a) Unless division (B)(9)(b) of this section applies, 579
suspend for not more than six months the offender's driver's 580
license, probationary driver's license, commercial driver's 581
license, temporary instruction permit, or nonresident operating 582
privilege;583

        (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

       (C) The sentencing court that suspends an offender's license, 605
permit, or nonresident operating privilege under division (B)(9) 606
of this section may grant the offender limited driving privileges 607
during the period of the suspension in accordance with Chapter 608
4510. of the Revised Code.609

       Sec. 2921.321.  (A) No person shall knowingly cause, or 610
attempt to cause, physical harm to a police dog or horse in either 611
of the following circumstances:612

       (1) The police dog or horse is assisting a law enforcement 613
officer in the performance of the officer's official duties at the 614
time the physical harm is caused or attempted.615

       (2) The police dog or horse is not assisting a law 616
enforcement officer in the performance of the officer's official 617
duties at the time the physical harm is caused or attempted, but 618
the offender has actual knowledge that the dog or horse is a 619
police dog or horse.620

       (B) No person shall recklessly do any of the following:621

       (1) Taunt, torment, or strike a police dog or horse;622

       (2) Throw an object or substance at a police dog or horse;623

       (3) Interfere with or obstruct a police dog or horse, or 624
interfere with or obstruct a law enforcement officer who is being 625
assisted by a police dog or horse, in a manner that does any of 626
the following:627

       (a) Inhibits or restricts the law enforcement officer's 628
control of the police dog or horse;629

       (b) Deprives the law enforcement officer of control of the 630
police dog or horse;631

       (c) Releases the police dog or horse from its area of 632
control;633

       (d) Enters the area of control of the police dog or horse 634
without the consent of the law enforcement officer, including 635
placing food or any other object or substance into that area;636

       (e) Inhibits or restricts the ability of the police dog or 637
horse to assist a law enforcement officer.638

       (4) Engage in any conduct that is likely to cause serious 639
physical injury or death to a police dog or horse;640

       (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

       (C) No person shall knowingly cause, or attempt to cause, 648
physical harm to an assistance dog in either of the following 649
circumstances:650

       (1) The dog is assisting or serving a blind, deaf or hearing 651
impaired, or mobility impaired person at the time the physical 652
harm is caused or attempted.653

       (2) The dog is not assisting or serving a blind, deaf or 654
hearing impaired, or mobility impaired person at the time the 655
physical harm is caused or attempted, but the offender has actual 656
knowledge that the dog is an assistance dog.657

       (D) No person shall recklessly do any of the following:658

       (1) Taunt, torment, or strike an assistance dog;659

       (2) Throw an object or substance at an assistance dog;660

       (3) Interfere with or obstruct an assistance dog, or 661
interfere with or obstruct a blind, deaf or hearing impaired, or 662
mobility impaired person who is being assisted or served by an 663
assistance dog, in a manner that does any of the following:664

       (a) Inhibits or restricts the assisted or served person's 665
control of the dog;666

       (b) Deprives the assisted or served person of control of the 667
dog;668

       (c) Releases the dog from its area of control;669

       (d) Enters the area of control of the dog without the consent 670
of the assisted or served person, including placing food or any 671
other object or substance into that area;672

       (e) Inhibits or restricts the ability of the dog to assist 673
the assisted or served person.674

       (4) Engage in any conduct that is likely to cause serious 675
physical injury or death to an assistance dog;676

       (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

       (E) No person shall knowingly cause, or attempt to cause, 684
physical harm to a search and rescue dog or horse in either of the 685
following circumstances:686

       (1) The search and rescue dog or horse is engaged in a search 687
and rescue operation at the time the physical harm is caused or 688
attempted.689

       (2) The search and rescue dog or horse is not engaged in a 690
search and rescue operation at the time the physical harm is 691
caused or attempted, but the offender has actual knowledge that 692
the dog or horse is a search and rescue dog or horse.693

       (F) No person shall recklessly do any of the following:694

       (1) Taunt, torment, or strike a search and rescue dog or 695
horse;696

       (2) Throw an object or substance at a search and rescue dog 697
or horse;698

       (3) Interfere with or obstruct a search and rescue dog or 699
horse, or interfere with or obstruct an individual who is being 700
assisted by a search and rescue dog or horse, in a manner that 701
does any of the following:702

       (a) Inhibits or restricts the individual's control of the 703
search and rescue dog or horse;704

       (b) Deprives the individual of control of the search and 705
rescue dog or horse;706

       (c) Releases the search and rescue dog or horse from its area 707
of control;708

       (d) Enters the area of control of the search and rescue dog 709
or horse without the consent of the individual, including placing 710
food or any other object or substance into that area;711

       (e) Inhibits or restricts the ability of the search and 712
rescue dog or horse to assist the individual.713

       (4) Engage in any conduct that is likely to cause serious 714
physical injury or death to a search and rescue dog or horse;715

       (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

       (b) The cost of any damaged equipment that results from the 807
violation;808

       (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

       (F)(H) This section does not apply to a licensed veterinarian 833
whose conduct is in accordance with Chapter 4741. of the Revised 834
Code.835

       (G)(I) This section only applies to an offender who knows or 836
should know at the time of the violation that the police dog or 837
horse, search and rescue dog or horse, or assistance dog that is 838
the subject of a violation under this section is a police dog or 839
horse, a search and rescue dog or horse, or an assistance dog.840

       (H)(J) As used in this section:841

       (1) "Physical harm" means any injury, illness, or other 842
physiological impairment, regardless of its gravity or duration.843

       (2) "Police dog or horse" means a dog or horse that has been 844
trained, and may be used, to assist law enforcement officers in 845
the performance of their official duties.846

       (3) "Serious physical harm" means any of the following:847

       (a) Any physical harm that carries a substantial risk of 848
death;849

       (b) Any physical harm that causes permanent maiming or that 850
involves some temporary, substantial maiming;851

       (c) Any physical harm that causes acute pain of a duration 852
that results in substantial suffering.853

       (4) "Assistance dog," "blind," and "mobility impaired person" 854
have the same meanings as in section 955.011 of the Revised Code.855

       (5) "Search and rescue dog or horse" means a dog or horse 856
that has been trained, and may be used, to assist in a search and 857
rescue operation.858

       (6) "Search and rescue operation" means an effort conducted 859
at the direction of an agency of this state or of a political 860
subdivision of this state to locate or rescue a lost, injured, or 861
deceased individual.862

       Sec. 3701.04.  (A) The director of health shall:863

       (1) Require reports and make inspections and investigations 864
that the director considers necessary;865

       (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

       (3) Procure by contract the temporary or intermittent 872
services of experts, consultants, or organizations when those 873
services are to be performed on a part-time or fee-for-service 874
basis and do not involve the performance of administrative duties;875

       (4) Enter into agreements for the utilization of the 876
facilities and services of other departments, agencies, and 877
institutions, public or private;878

       (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

       (6) Make an annual report to the governor on activities and 888
expenditures, including recommendations for such additional 889
legislation as the director considers appropriate to furnish 890
adequate hospital, clinic, and similar facilities to the people of 891
this state.892

       (7) Establish(B) The director shall adopt rules under 893
Chapter 119. of the Revised Code jointly with the executive 894
director of the emergency management agency to do both of the 895
following as required under section 5502.281 of the Revised Code:896

       (1) Advise, assist, consult with, and cooperate with agencies 897
and political subdivisions of this state to establish and maintain898
a statewide system for recruiting, registering, training, and 899
deploying volunteers the director determines are advisable and900
reasonably necessary to respond to an emergency involving the 901
public's healthdeclared by the state or a political subdivision;902

       (2) Establish fees, procedures, standards, and requirements 903
necessary for recruiting, registering, training, and deploying the 904
volunteers.905

       (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

       Sec. 5502.281.  (A) The executive director of the emergency 914
management agency, jointly with the director of health, shall do 915
both of the following:916

       (1) Advise, assist, consult with, and cooperate with agencies 917
and political subdivisions of this state to establish and maintain 918
a statewide system for recruiting, registering, training, and 919
deploying the types of volunteers reasonably necessary to respond 920
to an emergency declared by the state or a political subdivision;921

       (2) Establish fees, procedures, standards, and requirements 922
for recruiting, registering, training, and deploying the 923
volunteers as required under this section.924

       (B)(1) A registered volunteer's status as a volunteer, and 925
any information presented in summary, statistical, or aggregate 926
form that does not identify an individual, is a public record 927
under section 149.43 of the Revised Code.928

       (2) Information related to a registered volunteer's specific 929
and unique responsibilities, assignments, or deployment plans, 930
including training, preparedness, readiness, or organizational 931
assignment, is a security record for purposes of section 149.433 932
of the Revised Code.933

       (3) Information related to a registered volunteer's personal 934
information, including contact information, medical information, 935
or information related to family members or dependents, is not a 936
public record under section 149.43 of the Revised Code.937

       (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

       (D) As used in this section:950

       (1) "Registered volunteer" means any individual registered as 951
a volunteer pursuant to procedures established under this section 952
and who serves without pay or other consideration, other than the 953
reasonable reimbursement or allowance for expenses actually 954
incurred or the provision of incidental benefits related to the 955
volunteer's service, such as meals, lodging, and childcare.956

       (2) "Political subdivision" means a county, township, or 957
municipal corporation in this state.958

       Sec. 5502.282. (A) An employer that employs forty or more 959
employees shall not terminate the employment of an employee who is 960
a registered volunteer under section 5502.281 of the Revised Code 961
for being tardy for or absent from any shift at the employee's 962
employment when all of the following criteria are met:963

       (1) The employee is tardy to or absent from the employee's 964
employment as a direct result of the employee's participation in 965
responding to an emergency declared by the state or a political 966
subdivision or as a direct result of the employee responding to a 967
specific request of a government official of a political 968
subdivision.969

       (2) The employee's participation was in the employee's 970
capacity as a registered volunteer.971

        (3) The employee was requested to participate by a government 972
official of the state or a political subdivision.973

       (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

       (5) The employee has provided advance notice to the employer 982
that the employee will be tardy or absent as a result of 983
responding to an emergency as a registered volunteer, or if it is 984
impossible for the employee to provide such advance notice, then 985
the employee has submitted documentation of the employee's 986
participation in responding to an emergency upon the employee's 987
return to work.988

       (6) The employee submits to the employer written verification 989
of the emergency within two weeks after the employee was tardy or 990
absent from the employee's employment as a result of the 991
employee's participation in responding to the emergency.992

       (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

        (D) An employer may excuse an employee from the employee's 1011
duties for training that will allow the employee to maintain the 1012
employee's certifications as a registered volunteer in an 1013
emergency response unit if the senior official of that emergency 1014
response unit has submitted notification to the employer and if 1015
the employee submits notice to the employer of the training not 1016
less than two weeks before the training takes place.1017

       Section 2. That existing sections 121.40, 955.261, 2913.01, 1018
2913.02, 2921.321, and 3701.04 and section 121.404 of the Revised 1019
Code are hereby repealed.1020

       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