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|
As Introduced
122nd General Assembly
Regular Session
1997 - 1998 | S. B. No. 130 |
SENATORS WATTS-WHITE
A BILL
To amend sections 111.15, 124.11, 141.02, 145.30, 718.01, 1737.301, 1738.261,
1742.341, 3319.13, 3319.14, 3923.381, 3923.382, 4117.01,
4506.02, 5101.312, 5903.01, 5911.011,
5911.03, 5911.04, 5911.08, 5913.01, 5913.02, 5913.021,
5913.03, 5913.04, 5913.05, 5913.051, 5913.06, 5913.07, 5913.08,
5913.09, 5913.10, 5913.17, 5919.01, 5919.02, 5919.04,
5919.071, 5919.09, 5919.12, 5919.13, 5919.14, 5919.15, 5919.16,
5919.17, 5919.22, 5919.25, 5919.28, 5919.29, 5919.30, 5919.32,
5919.33, 5920.10, 5921.09, 5923.01, 5923.02, 5923.03, 5923.05, 5923.09,
5923.10,
5923.21, and 5923.28,
to enact new sections 124.29 and 5903.02
and section 5919.35, and to repeal sections 124.28, 124.29, 5903.02, 5903.03,
5903.04, 5903.05, 5903.09, 5903.99, 5913.013, 5913.11, 5917.01, 5917.02,
5917.03, 5917.04, 5917.05, 5917.06, 5917.99, 5919.20, 5923.051, and 5923.35 of
the Revised
Code to exempt more clearly Reserve and Ohio National Guard pay
and allowances from municipal taxation;
to give statutory effect to the federal
exemption for military vehicles from the state Commercial
Driver's License Law; to conform more closely to federal
regulations state law governing the Ohio National Guard and the
state military; to repeal the state Military Census Law; and to make other
changes in the law governing the Ohio military.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 111.15, 124.11, 141.02, 145.30, 718.01, 1737.301,
1738.261, 1742.341, 3319.13, 3319.14, 3923.381, 3923.382,
4117.01, 4506.02, 5101.312, 5903.01,
5911.011, 5911.03, 5911.04, 5911.08, 5913.01, 5913.02,
5913.021, 5913.03, 5913.04, 5913.05, 5913.051, 5913.06, 5913.07,
5913.08, 5913.09, 5913.10, 5913.17, 5919.01, 5919.02,
5919.04, 5919.071, 5919.09, 5919.12, 5919.13, 5919.14, 5919.15,
5919.16, 5919.17, 5919.22, 5919.25, 5919.28, 5919.29, 5919.30,
5919.32, 5919.33, 5920.10, 5921.09, 5923.01, 5923.02, 5923.03, 5923.05,
5923.09,
5923.10, 5923.21, and 5923.28 be amended
and that new sections 124.29 and 5903.02 and
section 5919.35 of the Revised Code be enacted to
read as follows:
Sec. 111.15. (A) As used in this section:
(1) "Rule" includes any rule, regulation, bylaw, or
standard having a general and uniform operation adopted by an
agency under the authority of the laws governing the agency; any
appendix to a rule; and any internal management rule. "Rule"
does not include any guideline adopted pursuant to section
3301.0714 of the Revised Code, any order respecting the duties of
employees, any finding, any determination of a question of law or
fact in a matter presented to an agency, or any rule promulgated
pursuant to Chapter 119., section 4141.14, division (C)(1) or (2)
of section 5117.02, or section 5703.14 of the Revised Code.
"Rule" includes any amendment or rescission of a rule.
(2) "Agency" means any governmental entity of the state
and includes, but is not limited to, any board, department,
division, commission, bureau, society, council, institution,
state college or university, community college district,
technical college district, or state community college. "Agency"
does not include the general assembly, THE ADJUTANT GENERAL'S
DEPARTMENT, or any court.
(3) "Internal management rule" means any rule, regulation,
bylaw, or standard governing the day-to-day staff procedures and
operations within an agency.
(4) "Substantive revision" has the same meaning as in
division (J) of section 119.01 of the Revised Code.
(B)(1) Any rule, other than a rule of an emergency nature,
adopted by any agency pursuant to this section shall be effective
on the tenth day after the day on which the rule in final form
and in compliance with division (B)(3) of this section is filed
as follows:
(a) Two certified copies of the rule shall be filed with
both the secretary of state and the director of the legislative
service commission;
(b) Two certified copies of the rule shall be filed with
the joint committee on agency rule review. Division (B)(1)(b) of
this section does not apply to any rule to which division (D) of
this section does not apply.
An agency that adopts or amends a rule that is subject to division
(D) of this section shall assign a review
date to the rule that is not later than five years after its effective date.
If no review date is assigned to a rule, or if a review date assigned to a
rule exceeds the five-year maximum, the review date for the rule is
five years after its effective date. A rule with a review date is
subject to review under section 119.032 of the
Revised Code. This paragraph does not apply to a rule of a
state college or university, community college district, technical college
district, or state community college.
If all copies are not filed on the same day, the rule shall
be effective on the tenth day after the day on which the latest
filing is made. If an agency in adopting a rule designates an
effective date that is later than the effective date provided for
by division (B)(1) of this section, the rule if filed as required
by such division shall become effective on the later date
designated by the agency.
Any rule that is required to be filed under division (B)(1)
of this section is also subject to division (D) of this section
if not exempted by division (D)(1), (2), (3), (4), (5), (6),
(7), or (8) of this section.
(2) A rule of an emergency nature necessary for the
immediate preservation of the public peace, health, or safety
shall state the reasons for the necessity. Copies of the
emergency rule, in final form and in compliance with division
(B)(3) of this section, shall be filed as follows: two certified
copies of the emergency rule shall be filed with both the
secretary of state and the director of the legislative service
commission, and one certified copy of the emergency rule shall be
filed with the joint committee on agency rule review. The
emergency rule is effective immediately upon the latest filing,
except that if the agency in adopting the emergency rule
designates an effective date, or date and time of day, that is
later than the effective date and time provided for by division
(B)(2) of this section, the emergency rule if filed as required
by such division shall become effective at the later date, or
later date and time of day, designated by the agency.
An emergency rule becomes invalid at the end of the
ninetieth day it is in effect. Prior to that date, the agency
may file the emergency rule as a nonemergency rule in compliance
with division (B)(1) of this section. The agency may not refile
the emergency rule in compliance with division (B)(2) of this
section so that, upon the emergency rule becoming invalid under
such division, the emergency rule will continue in effect without
interruption for another ninety-day period.
(3) An agency shall file a rule under division (B)(1) or
(2) of this section in compliance with the following standards
and procedures:
(a) The rule shall be numbered in accordance with the
numbering system devised by the director for the Ohio
administrative code.
(b) The rule shall be prepared and submitted in compliance
with the rules of the legislative service commission.
(c) The rule shall clearly state the date on which it is
to be effective and the date on which it will expire, if known.
(d) Each rule that amends or rescinds another rule shall
clearly refer to the rule that is amended or rescinded. Each
amendment shall fully restate the rule as amended.
If the director of the legislative service commission or
the director's designee gives an agency written notice
pursuant to section
103.05 of the Revised Code that a rule filed by the agency is not
in compliance with the rules of the legislative service
commission, the agency shall within thirty days after receipt of
the notice conform the rule to the rules of the commission as
directed in the notice.
(C) All rules filed pursuant to divisions (B)(1)(a) and
(2) of this section shall be recorded by the secretary of state
and the director under the title of the agency adopting the rule
and shall be numbered according to the numbering system devised
by the director. The secretary of state and the director shall
preserve the rules in an accessible manner. Each such rule shall
be a public record open to public inspection and may be lent to
any law publishing company that wishes to reproduce it.
(D) At least sixty days before a board, commission,
department, division, or bureau of the government of the state
files a rule under division (B)(1) of this section, it shall file
two copies of the full text of the proposed rule with the joint
committee on agency rule review, and the proposed rule shall be
subject to legislative review and invalidation under division (I)
of section 119.03 of the Revised Code. If a state board,
commission, department, division, or bureau makes a substantive
revision in a proposed rule after it is filed with the joint
committee, the state board, commission, department, division, or
bureau shall promptly file two copies of the full text of the
proposed rule in its revised form with the joint committee. The
latest version of a proposed rule as filed with the joint
committee supersedes each earlier version of the text of the same
proposed rule. Except as provided in division (F) of this
section, a state board, commission, department, division, or
bureau shall attach one copy of the rule summary and fiscal
analysis prepared under section 121.24 or 127.18 of the Revised
Code, or both, to each copy of a proposed rule, and to each copy
of a proposed rule in revised form, that is filed under this
division.
This division does not apply to any of the following:
(1) A proposed rule of an emergency nature;
(2) A rule proposed under section 1121.05, 1121.06, 1155.18, 1733.412,
4123.29, 4123.34, 4123.341, 4123.342, 4123.40, 4123.411, 4123.44,
or
4123.442 of the Revised Code;
(3) A rule proposed by an agency other than a board,
commission, department, division, or bureau of the government of
the state;
(4) A proposed internal management rule of a board,
commission, department, division, or bureau of the government of
the state;
(5) A rule proposed by the Ohio student aid commission,
that complies with a federal law or rule, so long as the proposed
rule contains both of the following:
(a) A statement that it is proposed for the purpose of
complying with a federal law or rule;
(b) A citation to the federal law or rule that requires
compliance.
(6) Any proposed rule that must be adopted verbatim by an
agency pursuant to federal law or rule, to become effective
within sixty days of adoption, in order to continue the operation
of a federally reimbursed program in this state, so long as the
proposed rule contains both of the following:
(a) A statement that it is proposed for the purpose of
complying with a federal law or rule;
(b) A citation to the federal law or rule that requires
verbatim compliance.
(7) An initial rule proposed by the director of health to impose safety
standards, quality-of-care standards, and quality-of-care data reporting
requirements with respect to a health service specified in section 3702.11 of
the Revised Code, or an initial rule proposed by the director to impose
quality standards on a facility listed in division (A)(4) of section
3702.30 of the Revised Code, if section 3702.12 of the Revised Code requires
that the rule be adopted under this section;
(8) A rule of the state lottery commission pertaining to instant game
rules.
(E) Whenever a state board, commission, department,
division, or bureau files a proposed rule or a proposed rule in
revised form under division (D) of this section, it shall also
file one copy of the full text of the same proposed rule or
proposed rule in revised form with the secretary of state and two
copies thereof with the director of the legislative service
commission. Except as provided in division (F) of this section,
a state board, commission, department, division, or bureau shall
attach a copy of the rule summary and fiscal analysis prepared
under section 121.24 or 127.18 of the Revised Code, or both, to
each copy of a proposed rule or proposed rule in revised form
that is filed with the secretary of state or the director of the
legislative service commission.
(F) Except as otherwise provided in this division, the
auditor of state or the auditor of state's designee is not required
to attach a rule
summary and fiscal analysis to any copy of a proposed rule, or
proposed rule in revised form, that the auditor of state proposes
under section
117.12, 117.19, 117.38, or 117.43 of the Revised Code and files
under division (D) or (E) of this section. If, however, the
auditor of state or the designee prepares a rule summary and
fiscal analysis of the original version of such a proposed rule
for purposes of complying with section 121.24 of the Revised
Code, the auditor of state or designee shall attach a copy of the
rule summary and fiscal
analysis to each copy of the original version of the proposed
rule filed under division (D) or (E) of this section.
Sec. 124.11. The civil service of the state and the
several counties, cities, civil service townships, city health
districts, general health districts, and city school districts
thereof shall be divided into the unclassified service and the
classified service.
(A) The unclassified service shall comprise the following
positions, which shall not be included in the classified service,
and which shall be exempt from all examinations required by this
chapter:
(1) All officers elected by popular vote or persons
appointed to fill vacancies in such offices;
(2) All election officers as defined in section 3501.01 of
the Revised Code;
(3) The members of all boards and commissions, and heads
of principal departments, boards, and commissions appointed by
the governor or by and with the governor's consent; and the members of all
boards and commissions and all heads of departments appointed by
the mayor, or, if there is no mayor, such other similar chief
appointing authority of any city or city school district; except
as otherwise provided in division (A)(17) or (C) of this section,
this chapter does not exempt the chiefs of police departments and
chiefs of fire departments of cities or civil service townships
from the competitive classified service;
(4) The members of county or district licensing boards or
commissions and boards of revision, and deputy county auditors;
(5) All officers and employees elected or appointed by
either or both branches of the general assembly, and such
employees of the city legislative authority as are engaged in
legislative duties;
(6) All commissioned, WARRANT, and noncommissioned
officers and enlisted persons in the military service
of the state OHIO ORGANIZED MILITIA, including
military appointees in the office of the
adjutant general GENERAL'S DEPARTMENT;
(7)(a) All presidents, business managers, administrative
officers, superintendents, assistant superintendents, principals,
deans, assistant deans, instructors, teachers, and such employees
as are engaged in educational or research duties connected with
the public school system, colleges, and universities, as
determined by the governing body of the public school system,
colleges, and universities;
(b) The library staff of any library in the state
supported wholly or in part at public expense.
(8) Four clerical and administrative support employees for
each of the elective state officers; and three clerical and
administrative support employees for other elective officers and
each of the principal appointive executive officers, boards, or
commissions, except for civil service commissions, that are
authorized to appoint such clerical and administrative support
employees;
(9) The deputies and assistants of state agencies authorized to act for and
on behalf of the agency, or holding a fiduciary or administrative relation to
that agency and those persons employed by and directly responsible
to elected county officials or a county administrator and holding a
fiduciary or
administrative relationship to such elected county officials or county
administrator, and the employees of such county officials whose fitness
would be
impracticable to determine by competitive examination, provided
that division (A)(9) of this section shall not affect those
persons in county employment in the classified service as of
September 19, 1961. Nothing in division (A)(9) of this section
applies to any position in a county department of human services
created pursuant to sections 329.01 to 329.10 of the Revised
Code.
(10) Bailiffs, constables, official stenographers, and
commissioners of courts of record, deputies of clerks of the
courts of common pleas who supervise, or who handle public moneys
or secured documents, and such officers and employees of courts
of record and such deputies of clerks of the courts of common
pleas as the director of administrative services finds it
impracticable to determine their fitness by competitive
examination;
(11) Assistants to the attorney general, special counsel
appointed or employed by the attorney general, assistants to
county prosecuting attorneys, and assistants to city directors of
law;
(12) Such teachers and employees in the agricultural
experiment stations; such students in normal schools, colleges,
and universities of the state who are employed by the state or a
political subdivision of the state in student or intern
classifications; and such unskilled labor positions as the
director of administrative services or any municipal civil
service commission may find it impracticable to include in the
competitive classified service; provided such exemptions shall be
by order of the commission or the director, duly entered on the
record of the commission or the director with the reasons for
each such exemption;
(13) Any physician or dentist who is a full-time employee
of the department of mental health or the department of mental
retardation and developmental disabilities or of an institution
under the jurisdiction of either department; and physicians who
are in residency programs at the institutions;
(14) Up to twenty positions at each institution under the
jurisdiction of the department of mental health or the department
of mental retardation and developmental disabilities that the
department director determines to be primarily administrative or
managerial; and up to fifteen positions in any division of either
department, excluding administrative assistants to the director
and division chiefs, which are within the immediate staff of a
division chief and which the director determines to be primarily
and distinctively administrative and managerial;
(15) Noncitizens of the United States employed by the
state, or its counties or cities, as physicians or nurses who are
duly licensed to practice their respective professions under the
laws of Ohio, or medical assistants, in mental, tuberculosis, or
chronic disease hospitals, or institutions;
(16) Employees of the governor's office;
(17) Fire chiefs and chiefs of police in civil service
townships appointed by boards of township trustees under section
505.38 or 505.49 of the Revised Code;
(18) Executive directors, deputy directors, and program
directors employed by boards of alcohol, drug addiction, and
mental health services under Chapter 340. of the Revised Code,
and secretaries of the executive directors, deputy directors, and
program directors;
(19) Superintendents, and management employees as defined
in section 5126.20 of the Revised Code, of county boards of
mental retardation and developmental disabilities;
(20) Physicians, nurses, and other employees of a county
hospital who are appointed pursuant to sections 339.03 and 339.06
of the Revised Code;
(21) The executive director of the state medical board,
who is appointed pursuant to division (B) of section 4731.05 of
the Revised Code;
(22) County directors of human services as provided in
section 329.02 of the Revised Code and administrators appointed
under section 329.021 of the Revised Code;
(23) A director of economic development who is hired
pursuant to division (A) of section 307.07 of the Revised Code;
(24) Chiefs of construction and compliance, of operations and maintenance,
and of licensing and certification in the division of industrial compliance in
the department of commerce;
(25) The executive director of a county transit system appointed under
division (A) of section 306.04 of the Revised Code;
(26) Up to five positions at each of the administrative
departments listed in section 121.02 of the Revised Code and at the department
of taxation, department of the adjutant general, department of education,
Ohio board of regents, bureau of employment services, bureau of workers'
compensation, industrial commission, state lottery
commission, and public utilities commission of Ohio that the head of
that administrative department or of that other state agency determines to be
involved in policy development and implementation. The head of the
administrative department or other state agency shall set the compensation for
employees in these positions at a rate that is not less than the minimum
compensation specified in pay range 41 but not more than the maximum
compensation specified in pay range 44 of salary schedule E-2 in
section 124.152 of the Revised Code. The authority to establish positions in
the unclassified service under division (A)(26) of this
section is in addition to and does not limit any other authority that an
administrative department or
state agency has under the Revised Code to establish positions, appoint
employees, or set compensation.
(27) Employees of the department of agriculture employed
under section 901.09 of the Revised Code;
(28) For cities, counties, civil service townships, city health
districts, general
health districts, and city school districts, the deputies and assistants of
elective or principal executive officers authorized to act for and in the
place of their principals or holding a fiduciary relation to their principals.
(B) The classified service shall comprise all persons in
the employ of the state and the several counties, cities, city
health districts, general health districts, and city school
districts thereof, not specifically included in the unclassified
service. Upon the creation by the board of trustees of a civil
service township civil service commission, the classified service
shall also comprise, except as otherwise provided in division
(A)(17) or (C) of this section, all persons in the employ of
civil service township police or fire departments having ten or
more full-time paid employees. The classified service consists
of two classes, which shall be designated as the competitive
class and the unskilled labor class.
(1) The competitive class shall include all positions and
employments in the state and the counties, cities, city health
districts, general health districts, and city school districts
thereof, and upon the creation by the board of trustees of a
civil service township of a township civil service commission all
positions in civil service township police or fire departments
having ten or more full-time paid employees, for which it is
practicable to determine the merit and fitness of applicants by
competitive examinations. Appointments shall be made to, or
employment shall be given in, all positions in the competitive
class that are not filled by promotion, reinstatement, transfer,
or reduction, as provided in this chapter, and the rules of the
director of administrative services, by appointment from those
certified to the appointing officer in accordance with this
chapter.
(2) The unskilled labor class shall include ordinary
unskilled laborers. Vacancies in the labor class shall be filled
by appointment from lists of applicants registered by the
director. The director or the commission shall, by rule, SHALL
require
an applicant for registration in the labor class to furnish such
evidence or take such tests as the director considers proper with
respect to age, residence, physical condition, ability to labor,
honesty, sobriety, industry, capacity, and experience in the work
or employment for which he THE APPLICANT applies. Laborers who
fulfill the requirements shall be placed on the eligible list for the kind of
labor or employment sought, and preference shall be given in
employment in accordance with the rating received from such
evidence or in such tests. Upon the request of an appointing
officer, stating the kind of labor needed, the pay and probable
length of employment, and the number to be employed, the director
shall certify from the highest on the list double the number to
be employed; from this number the appointing officer shall
appoint the number actually needed for the particular work. If
more than one applicant receives the same rating, priority in
time of application shall determine the order in which their
names shall be certified for appointment.
(C) A municipal or civil service township civil service
commission may place volunteer fire fighters FIREFIGHTERS who
are paid on a
fee-for-service basis in either the classified or the
unclassified civil service.
Sec. 124.29. ANY PERSON WHO, AT THE TIME OF HOLDING AN OFFICE OR POSITION
IN THE PUBLIC SERVICE, ENTERS THE UNIFORMED SERVICES, AS DEFINED IN SECTION
5903.01 of the Revised Code, IS ENTITLED TO REINSTATEMENT IN ACCORDANCE WITH THE
"UNIFORMED SERVICES EMPLOYMENT AND
REEMPLOYMENT RIGHTS ACT OF 1994," 108
STAT.
3149, 38 U.S.C.A. 4301 TO 4333.
THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL ADOPT RULES IN ACCORDANCE
WITH
CHAPTER 119. of the Revised Code FOR THE IMPLEMENTATION OF THIS SECTION.
Sec. 141.02. (A) The SALARIES OF THE adjutant general, the
assistant adjutant general FOR
ARMY, the
assistant adjutant general for air, and the assistant quartermaster general
shall
BE PAID ACCORDING TO DIVISIONS
(B) AND
(H) OF SECTION 124.15 OF THE
REVISED
CODE.
(B) THE ADJUTANT
GENERAL, THE ASSISTANT ADJUTANT GENERAL FOR ARMY, THE ASSISTANT
ADJUTANT GENERAL FOR AIR, AND THE ASSISTANT QUARTERMASTER
GENERAL SHALL
receive the pay and BASIC allowances FOR QUARTERS AND
FOR SUBSISTENCE of their rank according to the pay at the
time prescribed for the armed forces of the United States, except that the
assistant adjutant general for air shall not receive flying pay.
These salaries shall be paid according to the
schedule established in division
(B) of section 124.15 of the Revised Code.
Sec. 145.30. (A) As used in this section and section
145.301 of the Revised Code:
(1) "Armed forces" of the United States includes the following:
(a) Army, navy, air force, marine corps, coast guard,
auxiliary corps as established by congress, red cross nurse
serving with the army, navy, air force, or hospital service of
the United States, army nurse corps, navy nurse corps, full-time
service with the American red cross in a combat zone, and such
other service as may be designated by congress as included
therein;
(b) Personnel of the Ohio national guard, the Ohio
military reserve, the Ohio naval militia, and the reserve
components of any of the armed forces enumerated in division
(A)(1) of this section who are called to active duty pursuant to
an executive order issued by the president of the United States
or an act of congress;
(c) Persons on whom United States merchant marine veteran
status has been conferred for service aboard oceangoing merchant
ships in service to the United States during World War II.
(2) "State retirement system" means any of the following: the
police and firemen's disability and pension fund, public employees retirement
system, school employees retirement system, state highway patrol retirement
system, or the state teachers retirement system.
(B) Upon re-employment REEMPLOYMENT in the public service and
completion of one year of service credit as covered
by a state retirement
system or the Cincinnati retirement system, within
two
years after an honorable discharge, and presentation of an
honorable discharge or certificate of service and subject to
rules adopted by the retirement board, any member of the public
employees retirement system who was a member with not less than
one year of payroll deductions before entering active duty with
the armed forces and maintained membership in the public
employees retirement system as provided by section 145.41 of the
Revised Code, and who was or is out of active service as a public
employee by reason of having become a member of the armed forces
of the United States on active duty or service shall have such
military service, not in excess of ten years, considered as the
equivalent of prior service. Military service as established by
an honorable discharge or certificate of service, not in excess
of ten years, shall also be considered prior service for a person
who was a public employee and who has acquired service credit for
five years prior to, and within the one year preceding, the date
of entering on active duty in the armed forces of the United
States if such person was re-employed REEMPLOYED in the public
service
within one year after an honorable discharge from the armed
forces and established a total service credit, as defined in
division (H) of section 145.01 of the Revised Code, of twenty
years exclusive of credit for military service. This division
shall not serve to cancel any military service credit earned or
granted prior to November 1, 1965.
(C) A member of the public employees retirement system is
ineligible to receive service credit under this section for any
year of military service credit used in the calculation of any
retirement benefit currently being paid to the member or payable
in the future under any other retirement program, except social
security, or used to obtain service credit pursuant to section
145.301 or 145.302 of the Revised Code. At the time such credit is requested, the
member shall
certify on a form supplied by the retirement board that the
member does and will conform to this requirement. This division
does not cancel any military service credit earned prior to March
15, 1979.
Sec. 718.01. (A) As used in this chapter:
(1) "Internal Revenue Code" means the Internal Revenue
Code of 1986, 100 Stat. 2085, 26 U.S.C. 1, as amended.
(2) "Schedule C" means internal revenue service schedule C
filed by a taxpayer pursuant to the Internal Revenue Code.
(3) "Form 2106" means internal revenue service form 2106
filed by a taxpayer pursuant to the Internal Revenue Code.
(4) "Intangible income" means income of any of the
following types: income yield, interest, dividends, or other
income arising from the ownership, sale, exchange, or other
disposition of intangible property including, but not limited to,
investments, deposits, money, or credits as those terms are
defined in Chapter 5701. of the Revised Code.
(B) No municipal corporation with respect to that income which it may tax
shall tax such income at other than a uniform rate.
(C) No municipal corporation shall levy a tax on income at
a rate in excess of one per cent without having obtained the
approval of the excess by a majority of the electors of the
municipality voting on the question at a general, primary, or
special election. The legislative authority of the municipal
corporation shall file with the board of elections at least
seventy-five days before the day of the election a copy of the
ordinance together with a resolution specifying the date the
election is to be held and directing the board of elections to
conduct the election. The ballot shall be in the following form:
"Shall the Ordinance providing for a ... per cent levy on income
for (Brief description of the purpose of the proposed levy) be
passed?
FOR THE INCOME TAX
AGAINST THE INCOME TAX"
In the event of an affirmative vote, the proceeds of the
levy may be used only for the specified purpose.
(D) No municipal corporation shall exempt from such tax,
compensation for personal services of individuals over eighteen
years of age or the net profit from a business or profession.
(E) Nothing in this section shall prevent a municipal
corporation from permitting lawful deductions as prescribed by
ordinance. If a taxpayer's taxable income includes income
against which the taxpayer has taken a deduction for federal
income tax purposes as reportable on the taxpayer's form 2106,
and against which a like deduction has not been allowed by the
municipal corporation, the municipal corporation shall deduct
from the taxpayer's taxable income an amount equal to the
deduction shown on such form allowable against such income, to
the extent not otherwise so allowed as a deduction by the
municipal corporation. In the case of a taxpayer who has a net
profit from a business or profession that is operated as a sole
proprietorship, no municipal corporation may tax or use as the
base for determining the amount of the net profit that shall be
considered as having a taxable situs in the municipal
corporation, a greater amount than the net profit reported by the
taxpayer on schedule C filed in reference to the year in question
as taxable income from such sole proprietorship, except as
otherwise specifically provided by ordinance or regulation.
(F) No municipal corporation shall tax any of the following:
(1) The military pay or allowances of members of the armed
forces of the United States AND OF MEMBERS OF THEIR RESERVE COMPONENTS,
INCLUDING THE
OHIO NATIONAL GUARD;
(2) The income of religious, fraternal, charitable,
scientific, literary, or educational institutions to the extent
that such income is derived from tax-exempt real estate,
tax-exempt tangible or intangible property, or tax-exempt
activities;
(3) Except as otherwise provided in division (G) of this section, intangible
income;
(4) Compensation paid under section 3501.28 or 3501.36 of the Revised Code to
a person serving as a precinct election official, to the extent that such
compensation does not exceed one thousand dollars annually. Such compensation
in excess of one thousand dollars may be subjected to taxation by a municipal
corporation. A municipal corporation shall not require the payer of such
compensation to withhold any tax from that compensation.
(5) Compensation paid to an employee of a transit authority, regional
transit authority, or regional transit commission created under
Chapter 306. of the Revised Code for operating a transit bus or other motor
vehicle for the authority or commission in or through the municipal
corporation, unless the bus or vehicle is operated on a regularly scheduled
route, the operator is subject to such a tax by reason of residence or
domicile in the municipal corporation, or the headquarters of the authority or
commission is located within the municipal corporation.
(G) Any municipal corporation that taxes any type of intangible income on
March 29, 1988, pursuant to Section 3 of Amended Substitute Senate Bill
No. 238 of the 116th General Assembly GENERAL ASSEMBLY, may
continue to tax
that type of income after 1988 if a majority of the electors of the
municipal corporation voting on the question of whether to permit
the taxation of that type of intangible income after 1988 vote in
favor thereof at an election held on November 8, 1988.
(H) Nothing in this section or section 718.02 of the
Revised Code, shall authorize the levy of any tax on income which
a municipal corporation is not authorized to levy under existing
laws or shall require a municipal corporation to allow a
deduction from taxable income for losses incurred from a sole
proprietorship or partnership.
Sec. 1737.301. (A) As used in this section:
(1) "Eligible person" means any person who, at the time a
reservist is called or ordered to active duty, is covered under a
group contract and is either of the following:
(a) An employee who is a reservist called or ordered to
active duty;
(b) The spouse or a dependent child of an employee
described in division (A)(1)(a) of this section.
(2) "Group contract" includes any group medical care
corporation contract that satisfies all of the following:
(a) The contract is delivered, issued for delivery, or
renewed in this state on or after the effective date of this
section APRIL 17, 1991.
(b) The contract provides a health care plan covering
professional services, applicances APPLIANCES, and supplies for
employees.
(c) The contract is in effect and covers an eligible
person at the time a reservist is called or ordered to active
duty.
(3) "Reservist" means a member of a reserve component of
the armed forces of the United States. "Reservist" includes a
member of the Ohio national guard and the Ohio air national
guard.
(B) Every group contract shall provide that any eligible
person may continue the coverage under the contract for a period
of eighteen months after the date on which the coverage would
otherwise terminate because the reservist is called or ordered to
active duty.
(C)(1) An eligible person may extend the eighteen-month
period of continuation of coverage to a thirty-six-month period
of continuation of coverage, if any of the following occurs
during the eighteen-month period:
(a) The death of the reservist;
(b) The divorce or separation of a reservist from the
reservist's spouse;
(c) The cessation of dependency of a child pursuant to the
terms of the contract.
(2) The thirty-six-month period of continuation of
coverage is deemed to begin on the date on which the coverage
would otherwise terminate because the reservist is called or
ordered to active duty.
(3) The employer may begin the thirty-six-month period on
the date of any occurrence described in division (C)(1) of this
section.
(D) All of the following apply to any continuation of
coverage, or the extension of any continuation of coverage,
provided under division (B) or (C) of this section:
(1) The continuation of coverage shall provide the same
benefits as those provided to any similarly situated eligible
person who is covered under the same group contract and an
employee who has not been called or ordered to active duty.
(2)(a) An employer shall notify each employee of the right of
continuation of coverage at the time of employment. At the time
the reservist is called or ordered to active duty, the employer
shall notify each eligible person of the requirements for the
continuation of coverage.
(b) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY
FOR LESS THAN THIRTY-ONE DAYS SHALL
NOT BE REQUIRED TO PAY MORE THAN THE EMPLOYEE SHARE, IF ANY, FOR
THE COVERAGE.
(3) Each certificate of coverage issued by a medical care
corporation to an employee under the group contract shall include
a notice of the eligible person's right of continuation of
coverage.
(4) An eligible person shall file a written election of
continuation of coverage with the employer and pay the employer
the first contribution required under division (D)(5) of this
section. The written election and payment must be received by
the employer no later than thirty-one days after the date on
which the eligible person's coverage would otherwise terminate.
If the employer notifies the eligible person of the right of
continuation of coverage after the date on which the eligible
person's coverage would otherwise terminate, the written election
and payment must be received by the employer no later than
thirty-one days after the date of the notification.
(5)(a) Except as provided in division (D)(5)(b) of this
section, the eligible person shall pay to the employer, on a
monthly basis and in advance, the amount of contribution required
by the employer. The amount shall not exceed one hundred two per
cent of the group rate for the coverage being continued under the
group contract on the due date of each payment.
(b) The employer may pay a portion or all of the eligible
person's contribution.
(E) The eligible person's right to any continuation of
coverage, or the extension of any continuation of coverage,
provided under division (B) or (C) of this section ceases on the
date on which any of the following occurs:
(1) The eligible person, whether as an employee or
otherwise, becomes covered by another group contract or other
group health plan or arrangement that does not contain any
exclusion or limitation with respect to any preexisting condition
of that eligible person. For purposes of division (E)(1) of this
section, a group contract or other group health plan or
arrangement does not include the civilian health and medical
program of the uniformed services as defined in Public Law
99-661, 100 Stat. 3898 (1986), 10 U.S.C.A. 1072.
(2) The period of either eighteen months provided under
division (B) of this section or thirty-six months provided under
division (C) of this section expires.
(3) The eligible person fails to make a timely payment of
a required contribution, in which case the coverage ceases at the
end of the period of coverage for which contributions were made.
(4) The group contract, or participation under the group
contract, is terminated, unless the employer, in accordance with
division (F) of this section, replaces the coverage with similar
coverage under another group contract or other group health plan
or arrangement.
(F) If the employer replaces the group contract with
similar coverage as described in division (E)(4) of this section,
both of the following apply:
(1) The eligible person is covered under the replacement
coverage for the balance of the period that he THE ELIGIBLE
PERSON would have remained covered under the terminated coverage if it had
not been
terminated.
(2) The level of benefits under the replacement coverage
is the same as the level of benefits provided to any similarly
situated eligible person who is covered under the same group
contract and an employee who has not been called or ordered to
active duty.
(G) Upon the reservist's release from active duty and his
return to employment for the employer by whom he THE RESERVIST
was employed at the time he was OF BEING called or ordered to
active duty, both of the following apply:
(1) Every eligible person is entitled, without any waiting
period, to coverage under the employer's group contract that is
in effect at the time of the reservist's return to employment.
(2) Every eligible person is entitled to all benefits
under the group contract described in division (G)(1) of this
section from the date of the original coverage under the
contract.
(H)(1) No medical care corporation shall fail to provide
for a continuation of coverage, or an extension of a continuation
of coverage, in a group contract as required by and in accordance
with the terms and conditions set forth under this section.
(2) No medical care corporation shall fail to issue a
certificate of coverage in compliance with division (D)(3) of
this section.
(3) No employer shall fail to provide an employee or
eligible person with notice of the right to a continuation of
coverage under a group contract in accordance with division
(D)(2) of this section.
(I) Whoever violates division (H)(1), (2), or (3) of this
section is deemed to have engaged in an unfair and deceptive act
or practice in the business of insurance under sections 3901.19
to 3901.26 of the Revised Code.
(J) This section does not apply to any group contract that
is subject to section 5923.051 of the Revised Code.
Sec. 1738.261. (A) As used in this section:
(1) "Eligible person" means any person who, at the time a
reservist is called or ordered to active duty, is covered under a
group contract and is either of the following:
(a) An employee who is a reservist called or ordered to
active duty;
(b) The spouse or a dependent child of an employee
described in division (A)(1)(a) of this section.
(2) "Group contract" includes any group health care
corporation contract that satisfies all of the following:
(a) The contract is delivered, issued for delivery, or
renewed in this state on or after the effective date of this
section APRIL 17, 1991.
(b) The contract provides for a limited type or scope of
health care services for employees.
(c) The contract is in effect and covers an eligible
person at the time a reservist is called or ordered to active
duty.
(3) "Reservist" means a member of a reserve component of
the armed forces of the United States. "Reservist" includes a
member of the Ohio national guard and the Ohio air national
guard.
(B) Every group contract shall provide that any eligible
person may continue the coverage under the contract for a period
of eighteen months after the date on which the coverage would
otherwise terminate because the reservist is called or ordered to
active duty.
(C)(1) An eligible person may extend the eighteen-month
period of continuation of coverage to a thirty-six-month period
of continuation of coverage, if any of the following occurs
during the eighteen-month period:
(a) The death of the reservist;
(b) The divorce or separation of a reservist from the
reservist's spouse;
(c) The cessation of dependency of a child pursuant to the
terms of the contract.
(2) The thirty-six-month period of continuation of
coverage is deemed to begin on the date on which the coverage
would otherwise terminate because the reservist is called or
ordered to active duty.
(3) The employer may begin the thirty-six-month period on
the date of any occurrence described in division (C)(1) of this
section.
(D) All of the following apply to any continuation of
coverage, or the extension of any continuation of coverage,
provided under division (B) or (C) of this section:
(1) The continuation of coverage shall provide the same
benefits as those provided to any similarly situated eligible
person who is covered under the same group contract and an
employee who has not been called or ordered to active duty.
(2)(a) An employer shall notify each employee of the right of
continuation of coverage at the time of employment. At the time
the reservist is called or ordered to active duty, the employer
shall notify each eligible person of the requirements for the
continuation of coverage.
(b) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY
FOR LESS THAN THIRTY-ONE DAYS SHALL
NOT BE REQUIRED TO PAY MORE THAN THE EMPLOYEE SHARE, IF ANY, FOR
THE COVERAGE.
(3) Each certificate of coverage issued by a health care
corporation to an employee under the group contract shall include
a notice of the eligible person's right of continuation of
coverage.
(4) An eligible person shall file a written election of
continuation of coverage with the employer and pay the employer
the first contribution required under division (D)(5) of this
section. The written election and payment must be received by
the employer no later than thirty-one days after the date on
which the eligible person's coverage would otherwise terminate.
If the employer notifies the eligible person of the right of
continuation of coverage after the date on which the eligible
person's coverage would otherwise terminate, the written election
and payment must be received by the employer no later than
thirty-one days after the date of the notification.
(5)(a) Except as provided in division (D)(5)(b) of this
section, the eligible person shall pay to the employer, on a
monthly basis and in advance, the amount of contribution required
by the employer. The amount shall not exceed one hundred two per
cent of the group rate for the coverage being continued under the
group contract on the due date of each payment.
(b) The employer may pay a portion or all of the eligible
person's contribution.
(E) The eligible person's right to any continuation of
coverage, or the extension of any continuation of coverage,
provided under division (B) or (C) of this section ceases on the
date on which any of the following occurs:
(1) The eligible person, whether as an employee or
otherwise, becomes covered by another group contract or other
group health plan or arrangement that does not contain any
exclusion or limitation with respect to any preexisting condition
of that eligible person. For purposes of division (E)(1) of this
section, a group contract or other group health plan or
arrangement does not include the civilian health and medical
program of the uniformed services as defined in Public Law
99-661, 100 Stat. 3898 (1986), 10 U.S.C.A. 1072.
(2) The period of either eighteen months provided under
division (B) of this section or thirty-six months provided under
division (C) of this section expires.
(3) The eligible person fails to make a timely payment of
a required contribution, in which case the coverage ceases at the
end of the period of coverage for which contributions were made.
(4) The group contract, or participation under the group
contract, is terminated, unless the employer, in accordance with
division (F) of this section, replaces the coverage with similar
coverage under another group contract or other group health plan
or arrangement.
(F) If the employer replaces the group contract with
similar coverage as described in division (E)(4) of this section,
both of the following apply:
(1) The eligible person is covered under the replacement
coverage for the balance of the period that he THE ELIGIBLE
PERSON would have remained covered under the terminated coverage if it had
not been
terminated.
(2) The level of benefits under the replacement coverage
is the same as the level of benefits provided to any similarly
situated eligible person who is covered under the group contract
and an employee who has not been called or ordered to active
duty.
(G) Upon the reservist's release from active duty and his
return to employment for the employer by whom he THE RESERVIST
was employed at the time he was OF BEING called or ordered to
active duty, both of the
following apply:
(1) Every eligible person is entitled, without any waiting
period, to coverage under the employer's group contract that is
in effect at the time of the reservist's return to employment.
(2) Every eligible person is entitled to all benefits
under the group contract described in division (G)(1) of this
section from the date of the original coverage under the
contract.
(H)(1) No health care corporation shall fail to provide
for a continuation of coverage, or an extension of a continuation
of coverage, in a group contract as required by and in accordance
with the terms and conditions set forth under this section.
(2) No health care corporation shall fail to issue a
certificate of coverage in compliance with division (D)(3) of
this section.
(3) No employer shall fail to provide an employee or
eligible person with notice of the right to a continuation of
coverage under a group contract in accordance with division
(D)(2) of this section.
(I) Whoever violates division (H)(1), (2), or (3) of this
section is deemed to have engaged in an unfair and deceptive act
or practice in the business of insurance under sections 3901.19
to 3901.26 of the Revised Code.
(J) This section does not apply to any group contract that
is subject to section 5923.051 of the Revised Code.
Sec. 1742.341. (A) As used in this section:
(1) "Eligible person" means any person who, at the time a
reservist is called or ordered to active duty, is covered under a
group contract and is either of the following:
(a) An employee who is a reservist called or ordered to
active duty;
(b) The spouse or a dependent child of an employee
described in division (A)(1)(a) of this section.
(2) "Group contract" includes any group health maintenance
organization contract that satisfies all of the following:
(a) The contract is delivered, issued for delivery, or
renewed in this state on or after the effective date of this
section APRIL 17, 1991.
(b) The contract covers employees for health care
services, including basic health care services.
(c) The contract is in effect and covers an eligible
person at the time a reservist is called or ordered to active
duty.
(3) "Reservist" means a member of a reserve component of
the armed forces of the United States. "Reservist" includes a
member of the Ohio national guard and the Ohio air national
guard.
(B) Every group contract shall provide that any eligible
person may continue the coverage under the contract for a period
of eighteen months after the date on which the coverage would
otherwise terminate because the reservist is called or ordered to
active duty.
(C)(1) An eligible person may extend the eighteen-month
period of continuation of coverage to a thirty-six-month period
of continuation of coverage, if any of the following occurs
during the eighteen-month period:
(a) The death of the reservist;
(b) The divorce or separation of a reservist from the
reservist's spouse;
(c) The cessation of dependency of a child pursuant to the
terms of the contract.
(2) The thirty-six-month period of continuation of
coverage is deemed to begin on the date on which the coverage
would otherwise terminate because the reservist is called or
ordered to active duty.
(3) The employer may begin the thirty-six-month period on
the date of any occurrence described in division (C)(1) of this
section.
(D) All of the following apply to any continuation of
coverage, or the extension of any continuation of coverage,
provided under division (B) or (C) of this section:
(1) The continuation of coverage shall provide the same
benefits as those provided to any similarly situated eligible
person who is covered under the same group contract and an
employee who has not been called or ordered to active duty.
(2)(a) An employer shall notify each employee of the right of
continuation of coverage at the time of employment. At the time
the reservist is called or ordered to active duty, the employer
shall notify each eligible person of the requirements for the
continuation of coverage.
(b) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY
FOR LESS THAN THIRTY-ONE DAYS SHALL
NOT BE REQUIRED TO PAY MORE THAN THE EMPLOYEE SHARE, IF ANY, FOR
THE COVERAGE.
(3) Each certificate of coverage issued by a health
maintenance organization to an employee under the group contract
shall include a notice of the eligible person's right of
continuation of coverage.
(4) An eligible person shall file a written election of
continuation of coverage with the employer and pay the employer
the first contribution required under division (D)(5) of this
section. The written election and payment must be received by
the employer no later than thirty-one days after the date on
which the eligible person's coverage would otherwise terminate.
If the employer notifies the eligible person of the right of
continuation of coverage after the date on which the eligible
person's coverage would otherwise terminate, the written election
and payment must be received by the employer no later than
thirty-one days after the date of the notification.
(5)(a) Except as provided in division (D)(5)(b) of this
section, the eligible person shall pay to the employer, on a
monthly basis and in advance, the amount of contribution required
by the employer. The amount shall not exceed one hundred two per
cent of the group rate for the coverage being continued under the
group contract on the due date of each payment.
(b) The employer may pay a portion or all of the eligible
person's contribution.
(E) The eligible person's right to any continuation of
coverage, or the extension of any continuation of coverage,
provided under division (B) or (C) of this section ceases on the
date on which any of the following occurs:
(1) The eligible person, whether as an employee or
otherwise, becomes covered by another group contract or other
group health plan or arrangement that does not contain any
exclusion or limitation with respect to any preexisting condition
of that eligible person. For purposes of division (E)(1) of this
section, a group contract or other group health plan or
arrangement does not include the civilian health and medical
program of the uniformed services as defined in Public Law
99-661, 100 Stat. 3898 (1986), 10 U.S.C.A. 1072.
(2) The period of either eighteen months provided under
division (B) of this section or thirty-six months provided under
division (C) of this section expires.
(3) The eligible person fails to make a timely payment of
a required contribution, in which case the coverage ceases at the
end of the period of coverage for which contributions were made.
(4) The group contract, or participation under the group
contract, is terminated, unless the employer, in accordance with
division (F) of this section, replaces the coverage with similar
coverage under another group contract or other group health plan
or arrangement.
(F) If the employer replaces the group contract with
similar coverage as described in division (E)(4) of this section,
both of the following apply:
(1) The eligible person is covered under the replacement
coverage for the balance of the period that he THE ELIGIBLE
PERSON would have
remained covered under the terminated coverage if it had not been
terminated.
(2) The level of benefits under the replacement coverage
is the same as the level of benefits provided to any similarly
situated eligible person who is covered under the group contract
and an employee who has not been called or ordered to active
duty.
(G) Upon the reservist's release from active duty and his
return to employment for the employer by whom he THE RESERVIST
was employed at
the time he was OF BEING called or ordered to active duty, both
of the
following apply:
(1) Every eligible person is entitled, without any waiting
period, to coverage under the employer's group contract that is
in effect at the time of the reservist's return to employment.
(2) Every eligible person is entitled to all benefits
under the group contract described in division (G)(1) of this
section from the date of the original coverage under the
contract.
(H)(1) No health maintenance organization shall fail to
provide for a continuation of coverage, or an extension of a
continuation of coverage, in a group contract as required by and
in accordance with the terms and conditions set forth under this
section.
(2) No health maintenance organization shall fail to issue
a certificate of coverage in compliance with division (D)(3) of
this section.
(3) No employer shall fail to provide an employee or
eligible person with notice of the right to a continuation of
coverage under a group contract in accordance with division
(D)(2) of this section.
(I) Whoever violates division (H)(1), (2), or (3) of this
section is deemed to have engaged in an unfair and deceptive act
or practice in the business of insurance under sections 3901.19
to 3901.26 of the Revised Code.
(J) This section does not apply to any group contract that
is subject to section 5923.051 of the Revised Code.
Sec. 3319.13. Upon the written request of a teacher, or a
regular nonteaching school employee, a board of education may
grant a leave of absence for a period of not more than two
consecutive school years for educational or,
professional, or other
purposes, and shall grant such leave where illness or other
disability is the reason for the request. Upon subsequent
request, such leave may be renewed by the board. Without
request, a board may grant similar leave of absence and renewals
thereof to any teacher or regular nonteaching school employee
because of physical or mental disability, but such teacher may
have a hearing on such unrequested leave of absence or its
renewals in accordance with section 3319.16 of the Revised Code,
and such nonteaching school employee may have a hearing on such
unrequested leave of absence or its renewals in accordance with
division (C) of section 3319.081 of the Revised Code. Upon the
return to service of a teacher or a nonteaching school employee
at the expiration of a leave of absence, he THE TEACHER OR
NONTEACHING SCHOOL EMPLOYEE shall resume the
contract status which he THE TEACHER OR NONTEACHING SCHOOL
EMPLOYEE held prior to such leave. Any teacher
who leaves a teaching position to serve FOR SERVICE in the
armed UNIFORMED services or
the auxiliaries thereof organized to prosecute World War II, upon
returning honorably discharged from such service, shall resume
the contract status held prior to entering military service THE
UNIFORMED SERVICES,
subject to passing a physical examination. Such contract status
shall be resumed at the first of the school semester or the
beginning of the school year following return from the armed
UNIFORMED
services. FOR PURPOSES OF THIS SECTION AND SECTION 3319.14
of the Revised Code, "Armed UNIFORMED services" has AND
"SERVICE IN THE UNIFORMED SERVICES" HAVE the same meaning
MEANINGS as
defined in
section 124.29 5903.01 of the Revised Code.
Upon the return of a nonteaching school employee from a
leave of absence, the board may terminate the employment of a
person hired exclusively for the purpose of replacing the
returning employee while he THE RETURNING EMPLOYEE was on leave.
If, after the return
of a nonteaching employee from leave, the person employed
exclusively for the purpose of replacing an employee while he THE
EMPLOYEE was
on leave is continued in employment as a regular nonteaching
school employee or if he THE PERSON is hired by the board as a
regular
nonteaching school employee within a year after his employment as
a replacement is terminated, he THE PERSON shall, for purposes
of section
3319.081 of the Revised Code, receive credit for his THE
PERSON'S length of
service with the school district during such replacement period
in the following manner:
(A) If employed as a replacement for less than twelve
months, he THE PERSON shall be employed under a contract valid
for a period
equal to twelve months less the number of months employed as a
replacement. At the end of such contract period, if the person
is reemployed it shall be under a two-year contract. Subsequent
reemployment shall be pursuant to division (B) of section
3319.081 of the Revised Code.
(B) If employed as a replacement for twelve months or more
but less than twenty-four months, he THE PERSON shall be
employed under a
contract valid for a period equal to twenty-four months less the
number of months employed as a replacement. Subsequent
reemployment shall be pursuant to division (B) of section
3319.081 of the Revised Code.
(C) If employed as a replacement for more than twenty-four months, he
THE PERSON shall be employed pursuant to division (B) of section
3319.081 of the Revised Code.
For purposes of this section, employment during any part of
a month shall count as employment during the entire month.
Sec. 3319.14. Any teacher who has left, or leaves, a
teaching position, by resignation or otherwise, and within forty
school days thereafter entered, or enters, the armed UNIFORMED
services of
the United States or the auxiliaries thereof, or such other
services as are specified in section
124.29 of the Revised Code,
and who has returned, or returns, from such WHOSE service
with a
discharge IS CHARACTERIZED other than dishonorable AS
DESCRIBED IN THE "UNIFORMED SERVICES EMPLOYMENT AND
REEMPLOYMENT RIGHTS ACT OF 1994," 108
STAT. 3149, 38 U.S.C.A. 4304, shall be reemployed by the
board of education of the district in which he THE TEACHER held
such teaching
position, under the same type of contract as that which he THE
TEACHER last
held in such district, if the teacher, within ninety days after
such discharge, applies to the board of education for
reemployment IN ACCORDANCE WITH THE "UNIFORMED SERVICES
EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF
1994," 108 STAT. 3149, 38 U.S.C.A. 4312. Upon such
application, the teacher shall be
re-employed REEMPLOYED at the first of the next school semester,
if the
application is made not less than thirty days prior to the first
of the next school semester, in which case the teacher shall be
re-employed REEMPLOYED the first of the following school
semester, unless
the board of education waives the requirement for the thirty-day
period.
For the purposes of seniority and placement on the salary
schedule, years of absence in the PERFORMING service of
IN the armed UNIFORMED services
of the United States or the auxiliaries thereof, shall be counted
as though teaching service had been performed during such time.
The board of education of the district in which such
teacher was employed and is re-employed REEMPLOYED under this
section may
suspend the contract of the teacher whose services become
unnecessary by reason of the return of a teacher from service in
the armed UNIFORMED services or auxiliaries thereof, in
accordance with
section 3319.17 of the Revised Code.
Sec. 3923.381. (A) As used in this section:
(1) "Eligible person" means any person who, at the time a
reservist is called or ordered to active duty, is covered under a
group policy and is either of the following:
(a) An employee who is a reservist called or ordered to
active duty;
(b) The spouse or a dependent child of an employee
described in division (A)(1)(a) of this section.
(2) "Group policy" includes any group sickness and
accident insurance policy that satisfies all of the following:
(a) The policy is delivered, issued for delivery, or
renewed in this state on or after the effective date of this
section APRIL 17, 1991.
(b) The policy covers employees for hospital, surgical, or
major medical insurance on an expense incurred or service basis,
other than for specified diseases or accidental injuries only.
(c) The policy is in effect and covers an eligible person
at the time a reservist is called or ordered to active duty.
(3) "Reservist" means a member of a reserve component of
the armed forces of the United States. "Reservist" includes a
member of the Ohio national guard and the Ohio air national
guard.
(B) Every group policy shall provide that any eligible
person may continue the coverage under the policy for a period of
eighteen months after the date on which the coverage would
otherwise terminate because the reservist is called or ordered to
active duty.
(C)(1) An eligible person may extend the eighteen-month
period of continuation of coverage to a thirty-six-month period
of continuation of coverage, if any of the following occurs
during the eighteen-month period:
(a) The death of the reservist;
(b) The divorce or separation of a reservist from the
reservist's spouse;
(c) The cessation of dependency of a child pursuant to the
terms of the policy.
(2)(a) The thirty-six-month period of continuation of
coverage is deemed to begin on the date on which the coverage
would otherwise terminate because the reservist is called or
ordered to active duty.
(b) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY
FOR LESS THAN THIRTY-ONE DAYS SHALL
NOT BE REQUIRED TO PAY MORE THAN THE EMPLOYEE SHARE, IF ANY, FOR
THE COVERAGE.
(3) The employer may begin the thirty-six-month period on
the date of any occurrence described in division (C)(1) of this
section.
(D) All of the following apply to any continuation of
coverage, or the extension of any continuation of coverage,
provided under division (B) or (C) of this section:
(1) The continuation of coverage shall provide the same
benefits as those provided to any similarly situated eligible
person who is covered under the same group policy and an employee
who has not been called or ordered to active duty.
(2) An employer shall notify each employee of the right of
continuation of coverage at the time of employment. At the time
the reservist is called or ordered to active duty, the employer
shall notify each eligible person of the requirements for the
continuation of coverage.
(3) Each certificate of coverage issued by an insurer to
an employee under the group policy shall include a notice of the
eligible person's right of continuation of coverage.
(4) An eligible person shall file a written election of
continuation of coverage with the employer and pay the employer
the first contribution required under division (D)(5) of this
section. The written election and payment must be received by
the employer no later than thirty-one days after the date on
which the eligible person's coverage would otherwise terminate.
If the employer notifies the eligible person of the right of
continuation of coverage after the date on which the eligible
person's coverage would otherwise terminate, the written election
and payment must be received by the employer no later than
thirty-one days after the date of the notification.
(5)(a) Except as provided in division (D)(5)(b) of this
section, the eligible person shall pay to the employer, on a
monthly basis and in advance, the amount of contribution required
by the employer. The amount shall not exceed one hundred two per
cent of the group rate for the coverage being continued under the
group policy on the due date of each payment.
(b) The employer may pay a portion or all of the eligible
person's contribution.
(E) The eligible person's right to any continuation of
coverage, or the extension of any continuation of coverage,
provided under division (B) or (C) of this section ceases on the
date on which any of the following occurs:
(1) The eligible person, whether as an employee or
otherwise, enrolls in another group policy or other group health
plan or arrangement that does not contain any exclusion or
limitation with respect to any preexisting condition of that
eligible person. For purposes of division (E)(1) of this
section, a group policy or other group health plan or arrangement
does not include the civilian health and medical program of the
uniformed services as defined in Public Law 99-661, 100 Stat.
3898 (1986), 10 U.S.C.A. 1072.
(2) The period of either eighteen months provided under
division (B) of this section or thirty-six months provided under
division (C) of this section expires.
(3) The eligible person fails to make a timely payment of
a required contribution, in which case the coverage ceases at the
end of the period of coverage for which contributions were made.
(4) The group policy, or participation under the group
policy, is terminated, unless the employer, in accordance with
division (F) of this section, replaces the coverage with similar
coverage under another group policy or other group health plan or
arrangement.
(F) If the employer replaces the group policy with similar
coverage as described in division (E)(4) of this section, both of
the following apply:
(1) The eligible person is covered under the replacement
coverage for the balance of the period that he THE ELIGIBLE
PERSON would have
remained covered under the terminated coverage if it had not been
terminated.
(2) The level of benefits under the replacement coverage
is the same as the level of benefits provided to any similarly
situated eligible person who is covered under the group policy
and an employee who has not been called or ordered to active
duty.
(G) Upon the reservist's release from active duty and his
return to employment for the employer by whom he THE RESERVIST
was employed at
the time he was OF BEING called or ordered to active duty, both
of the
following apply:
(1) Every eligible person is entitled, without any waiting
period, to coverage under the employer's group policy that is in
effect at the time of the reservist's return to employment.
(2) Every eligible person is entitled to all benefits
under the group policy described in division (G)(1) of this
section from the date of the original coverage under the policy.
(H)(1) No insurer shall fail to provide for a continuation
of coverage, or an extension of a continuation of coverage, in a
group policy as required by and in accordance with the terms and
conditions set forth under this section.
(2) No insurer shall fail to issue a certificate of
coverage in compliance with division (D)(3) of this section.
(3) No employer shall fail to provide an employee or
eligible person with notice of the right to a continuation of
coverage under a group policy in accordance with division (D)(2)
of this section.
(I) Whoever violates division (H)(1), (2), or (3) of this
section is deemed to have engaged in an unfair and deceptive act
or practice in the business of insurance under sections 3901.19
to 3901.26 of the Revised Code.
(J) This section does not apply to any group policy that
is subject to section 5923.051 of the Revised Code.
Sec. 3923.382. (A) As used in this section:
(1) "Eligible person" means any person who, at the time a
reservist is called or ordered to active duty, is covered under a
group plan and is either of the following:
(a) An employee who is a reservist called or ordered to
active duty;
(b) The spouse or a dependent child of an employee
described in division (A)(1)(a) of this section.
(2) "Group plan" includes any private or public employer
self-insurance plan that satisfies all of the following:
(a) The plan is established or modified in this state on
or after the effective date of this section APRIL 17,
1991.
(b) The plan provides, or provides payment for, health
benefits for employees resident in this state other than through
an insurer, health maintenance organization, health care
corporation, or medical care corporation.
(c) The plan is in effect and covers an eligible person at
the time a reservist is called or ordered to active duty.
(3) "Group rate" means the average monthly cost per
employee, over a period of at least twelve months of the
operation of a group plan, that would represent a group insurance
rate if the same coverage had been provided under a group
sickness and accident insurance policy.
(4) "Reservist" means a member of a reserve component of
the armed forces of the United States. "Reservist" includes a
member of the Ohio national guard and the Ohio air national
guard.
(B) Every group plan shall provide that any eligible
person may continue the coverage under the plan for a period of
eighteen months after the date on which the coverage would
otherwise terminate because the reservist is called or ordered to
active duty.
(C)(1) An eligible person may extend the eighteen-month
period of continuation of coverage to a thirty-six-month period
of continuation of coverage, if any of the following occurs
during the eighteen-month period:
(a) The death of the reservist;
(b) The divorce or separation of a reservist from the
reservist's spouse;
(c) The cessation of dependency of a child pursuant to the
terms of the plan.
(2)(a) The thirty-six-month period of continuation of
coverage is deemed to begin on the date on which the coverage
would otherwise terminate because the reservist is called or
ordered to active duty.
(b) A RESERVIST CALLED OR ORDERED TO ACTIVE DUTY
FOR LESS THAN THIRTY-ONE DAYS SHALL
NOT BE REQUIRED TO PAY MORE THAN THE EMPLOYEE SHARE, IF ANY, FOR
THE COVERAGE.
(3) The employer may begin the thirty-six-month period on
the date of any occurrence described in division (C)(1) of this
section.
(D) All of the following apply to any continuation of
coverage, or the extension of any continuation of coverage,
provided under division (B) or (C) of this section:
(1) The continuation of coverage shall provide the same
benefits as those provided to any similarly situated eligible
person who is covered under the same group plan and an employee
who has not been called or ordered to active duty.
(2) An employer shall notify each employee of the right of
continuation of coverage at the time of employment. At the time
the reservist is called or ordered to active duty, the employer
shall notify each eligible person of the requirements for the
continuation of coverage.
(3) Each certificate or other evidence of coverage issued
by an employer to an employee under the group plan shall include
a notice of the eligible person's right of continuation of
coverage.
(4) An eligible person shall file a written election of
continuation of coverage with the employer and pay the employer
the first contribution required under division (D)(5) of this
section. The written election and payment must be received by
the employer no later than thirty-one days after the date on
which the eligible person's coverage would otherwise terminate.
If the employer notifies the eligible person of the right of
continuation of coverage after the date on which the eligible
person's coverage would otherwise terminate, the written election
and payment must be received by the employer no later than
thirty-one days after the date of the notification.
(5)(a) Except as provided in division (D)(5)(b) of this
section, the eligible person shall pay to the employer, on a
monthly basis and in advance, the amount of contribution required
by the employer. The amount shall not exceed one hundred two per
cent of the group rate for the coverage being continued under the
group plan on the due date of each payment.
(b) The employer may pay a portion or all of the eligible
person's contribution.
(E) The eligible person's right to any continuation of
coverage, or the extension of any continuation of coverage,
provided under division (B) or (C) of this section ceases on the
date on which any of the following occurs:
(1) The eligible person, whether as an employee or
otherwise, enrolls in another group plan or other group health
plan or arrangement that does not contain any exclusion or
limitation with respect to any preexisting condition of that
eligible person. For purposes of division (E)(1) of this
section, a group plan or other group health plan or arrangement
does not include the civilian health and medical program of the
uniformed services as defined in Public Law 99-661, 100 Stat.
3898 (1986), 10 U.S.C.A. 1072.
(2) The period of either eighteen months provided under
division (B) of this section or thirty-six months provided under
division (C) of this section expires.
(3) The eligible person fails to make a timely payment of
a required contribution, in which case the coverage ceases at the
end of the period of coverage for which contributions were made.
(4) The group plan, or participation under the group plan,
is terminated, unless the employer, in accordance with division
(F) of this section, replaces the coverage with similar coverage
under another group plan or other group health plan or
arrangement.
(F) If the employer replaces the group plan with similar
coverage as described in division (E)(4) of this section, both of
the following apply:
(1) The eligible person is covered under the replacement
coverage for the balance of the period that he THE ELIGIBLE
PERSON would have
remained covered under the terminated coverage if it had not been
terminated.
(2) The level of benefits under the replacement coverage
is the same as the level of benefits provided to any similarly
situated eligible person who is covered under the group plan and
an employee who has not been called or ordered to active duty.
(G) Upon the reservist's release from active duty and his return to
employment for the employer by whom he THE RESERVIST was
employed at
the time he was OF BEING called or ordered to active duty, both
of the
following apply:
(1) Every eligible person is entitled, without any waiting
period, to coverage under the employer's group plan that is in
effect at the time of the reservist's return to employment.
(2) Every eligible person is entitled to all benefits
under the group plan described in division (G)(1) of this section
from the date of the original coverage under the plan.
(H)(1) No employer shall fail to provide for a
continuation of coverage, or an extension of a continuation of
coverage, in a group plan as required by and in accordance with
the terms and conditions set forth under this section.
(2) No employer shall fail to issue a certificate or other
evidence of coverage in compliance with division (D)(3) of this
section.
(3) No employer shall fail to provide an employee or
eligible person with notice of the right to a continuation of
coverage under a group plan in accordance with division (D)(2) of
this section.
(I) Whoever violates division (H)(1), (2), or (3) of this
section is deemed to have engaged in an unfair and deceptive act
or practice in the business of insurance under sections 3901.19
to 3901.26 of the Revised Code.
(J) This section does not apply to a group plan under
either of the following circumstances:
(1) The group plan is subject to section 5923.051 of the
Revised Code.
(2) The application of this section THAT is superseded,
preempted, prohibited, or otherwise precluded by federal law.
Sec. 4117.01. As used in this chapter:
(A) "Person," in addition to those included in division
(C) of section 1.59 of the Revised Code, includes employee
organizations, public employees, and public employers.
(B) "Public employer" means the state or any political
subdivision of the state located entirely within the state,
including, without limitation, any municipal corporation with a
population of at least five thousand according to the most recent
federal decennial census; county; township with a population of
at least five thousand in the unincorporated area of the township
according to the most recent federal decennial census; school
district; state institution of higher learning; public or
special district; state agency, authority, commission, or
board; or other branch of public employment.
(C) "Public employee" means any person holding a position
by appointment or employment in the service of a public employer,
including any person working pursuant to a contract between a
public employer and a private employer and over whom the national
labor relations board has declined jurisdiction on the basis that
the involved employees are employees of a public employer,
except:
(1) Persons holding elective office;
(2) Employees of the general assembly and employees of any
other legislative body of the public employer whose principal
duties are directly related to the legislative functions of the
body;
(3) Employees on the staff of the governor or the chief
executive of the public employer whose principal duties are
directly related to the performance of the executive functions of
the governor or the chief executive;
(4) Persons who are members of the OHIO organized militia,
while on active duty TRAINING OR PERFORMING DUTY UNDER SECTION
5919.29 OR 5923.12 of the Revised Code;
(5) Employees of the state employment relations board;
(6) Confidential employees;
(7) Management level employees;
(8) Employees and officers of the courts, assistants to
the attorney general, assistant prosecuting attorneys, and
employees of the clerks of courts who perform a judicial
function;
(9) Employees of a public official who act in a fiduciary
capacity, appointed pursuant to section 124.11 of the Revised
Code;
(10) Supervisors;
(11) Students whose primary purpose is educational
training, including graduate assistants or associates, residents,
interns, or other students working as part-time public employees
less than fifty per cent of the normal year in the employee's
bargaining unit;
(12) Employees of county boards of election;
(13) Seasonal and casual employees as determined by the
state employment relations board;
(14) Part-time faculty members of an institution of higher
education;
(15) Employees of the state personnel board of review;
(16) Employees of the board of directors of the Ohio low-level radioactive
waste facility development authority created in section 3747.05 of the Revised
Code.;
(17) Participants of the subsidized employment program
established under section 5101.82 of the Revised Code or the work experience
program established under section 5101.83 of the Revised Code who perform a
service for a public employer that the public employer needs but is not
performed by an employee of the public employer.
(D) "Employee organization" means any labor or bona fide
organization in which public employees participate and that
exists for the purpose, in whole or in part, of dealing with
public employers concerning grievances, labor disputes, wages,
hours, terms, and other conditions of employment.
(E) "Exclusive representative" means the employee
organization certified or recognized as an exclusive
representative under section 4117.05 of the Revised Code.
(F) "Supervisor" means any individual who has authority,
in the interest of the public employer, to hire, transfer,
suspend, lay off, recall, promote, discharge, assign, reward, or
discipline other public employees; to responsibly direct them; to
adjust their grievances; or to effectively recommend such action,
if the exercise of that authority is not of a merely routine or
clerical nature, but requires the use of independent judgment,
provided that:
(1) Employees of school districts who are department
chairmen CHAIRPERSONS or consulting teachers shall not be deemed
supervisors;
(2) With respect to members of a police or fire
department, no person shall be deemed a supervisor except the
chief of the department or those individuals who, in the absence
of the chief, are authorized to exercise the authority and
perform the duties of the chief of the department. Where prior
to June 1, 1982, a public employer pursuant to a judicial
decision, rendered in litigation to which the public employer was
a party, has declined to engage in collective bargaining with
members of a police or fire department on the basis that those
members are supervisors, those members of a police or fire
department do not have the rights specified in this chapter for
the purposes of future collective bargaining. The state
employment relations board shall decide all disputes concerning
the application of division (F)(2) of this section.
(3) With respect to faculty members of a state institution
of higher education, heads of departments or divisions are
supervisors; however, no other faculty member or group of faculty
members is a supervisor solely because the faculty member or
group of faculty members participate in decisions with respect to
courses, curriculum, personnel, or other matters of academic
policy;
(4) No teacher as defined in section 3319.09 of the
Revised Code shall be designated as a supervisor or a management
level employee unless the teacher is employed under a contract governed by
section 3319.01, 3319.011, or 3319.02 of the Revised Code and
is assigned to a position for which a
license deemed to be for administrators under state board rules is
required pursuant to section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual
obligation of the public employer, by its representatives, and
the representatives of its employees to negotiate in good faith
at reasonable times and places with respect to wages, hours,
terms, and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a
collective bargaining agreement, with the intention of reaching
an agreement, or to resolve questions arising under the
agreement. "To bargain collectively" includes executing a written contract
incorporating the terms of any agreement reached. The obligation
to bargain collectively does not mean that either party is
compelled to agree to a proposal nor does it require the making
of a concession.
(H) "Strike" means continuous concerted action in failing to report
to duty; willful absence from one's position; or stoppage of work in
whole from the full, faithful, and proper performance of the duties of
employment, for the purpose of inducing, influencing, or coercing a change in
wages, hours, terms, and other conditions of employment. "Strike" does not
include a stoppage of work by employees in good faith because of dangerous or
unhealthful working conditions at the place of employment that are abnormal to
the place of employment.
(I) "Unauthorized strike" includes, but is not limited to, concerted
action during the term or extended term of a collective bargaining agreement
or during the pendency of the settlement procedures set forth in section
4117.14 of the Revised Code in failing to report to duty; willful absence from
one's position; stoppage of work; slowdown, or abstinence in whole or in part
from the full, faithful, and proper performance of the duties of employment
for the purpose of inducing, influencing, or coercing a change in wages,
hours, terms, and other conditions of employment. "Unauthorized strike"
includes any such action, absence, stoppage, slowdown, or abstinence when done
partially or intermittently, whether during or after the expiration of the
term or extended term of a collective bargaining agreement or during or after
the pendency of the settlement procedures set forth in section 4117.14 of the
Revised Code.
(J) "Professional employee" means any employee engaged in
work that is predominantly intellectual, involving the
consistent exercise of discretion and judgment in its performance
and requiring knowledge of an advanced type in a field of science
or learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished
from a general academic education or from an apprenticeship; or
an employee who has completed the courses of specialized
intellectual instruction and is performing related work under the
supervision of a professional person to become qualified as
a professional employee.
(K) "Confidential employee" means any employee who works
in the personnel offices of a public employer and deals with
information to be used by the public employer in collective
bargaining; or any employee who works in a close continuing
relationship with public officers or representatives directly
participating in collective bargaining on behalf of the employer.
(L) "Management level employee" means an individual who
formulates policy on behalf of the public employer, who
responsibly directs the implementation of policy, or who may
reasonably be required on behalf of the public employer to assist
in the preparation for the conduct of collective negotiations,
administer collectively negotiated agreements, or have a major
role in personnel administration. Assistant superintendents,
principals, and assistant principals whose employment is governed
by section 3319.02 of the Revised Code are management level
employees. With respect to members of a faculty of a state
institution of higher education, no person is a management level
employee because of the person's involvement in the formulation or
implementation of academic or institution policy.
(M) "Wages" means hourly rates of pay, salaries, or other
forms of compensation for services rendered.
(N) "Member of a police department" means a person who is
in the employ of a police department of a municipal corporation
as a full-time regular police officer as the result of
an appointment from a duly established civil service eligibility
list or under section 737.15 or 737.16 of the Revised Code, a
full-time deputy sheriff appointed under section 311.04 of the
Revised Code, a township constable appointed under section
509.01 of the Revised Code, or a member of a township police
district police department appointed under section 505.49 of the
Revised Code.
(O) "Members of the state highway patrol" means highway
patrol troopers and radio operators appointed under section
5503.01 of the Revised Code.
(P) "Member of a fire department" means a person who is in
the employ of a fire department of a municipal corporation or a
township as a fire cadet, full-time regular fire fighter
FIREFIGHTER, or
promoted rank as the result of an appointment from a duly established civil
service eligibility list or under section 505.38, 709.012, or 737.22 of the
Revised Code.
(Q) "Day" means calendar day.
Sec. 4506.02. (A) Nothing in this chapter applies to any
person when engaged in the operation of any of the following:
(1) A farm truck;
(2) Fire equipment for a fire department, volunteer or
nonvolunteer fire company, fire district, or joint fire district;
(3) A public safety vehicle used to provide transportation
or emergency medical service for ill or injured persons;
(4) A recreational vehicle;
(5) A commercial motor vehicle within the boundaries of an
eligible unit of local government, if the person is employed by
the eligible unit of local government and is
operating the commercial motor vehicle for the purpose of
removing snow or ice from a roadway by plowing, sanding, or
salting, but only if either the employee who holds a commercial
driver's license issued under this chapter and ordinarily
operates a commercial motor vehicle for these purposes is unable
to operate the vehicle, or the employing eligible unit of local
government determines that a snow or ice emergency exists that
requires additional assistance;
(6) A VEHICLE OWNED BY THE DEPARTMENT OF DEFENSE AND OPERATED BY ANY
MEMBER OR UNIFORMED EMPLOYEE OF THE ARMED FORCES OF THE UNITED
STATES OR THEIR RESERVE COMPONENTS,
INCLUDING THE OHIO NATIONAL GUARD. THIS EXCEPTION
DOES NOT APPLY TO UNITED STATES RESERVE TECHNICIANS.
Nothing contained in division (A)(5) of this section
shall be construed as pre-empting PREEMPTING or superseding any
law, rule,
or regulation of this state concerning the safe operation of
commercial motor vehicles.
(B) As used in this section:
(1) "Eligible unit of local government" means a village,
township, or county that has a population of not more than three
thousand persons according to the most recent federal
census.
(2) "Farm truck" means a truck controlled and operated by
a farmer for use in the transportation to or from a farm, for a
distance of no more than one hundred fifty miles, of products of
the farm, including livestock and its products, poultry and its
products, floricultural and horticultural products, and in the
transportation to the farm, from a distance of no more than one
hundred fifty miles, of supplies for the farm, including tile,
fence, and every other thing or commodity used in agricultural,
floricultural, horticultural, livestock, and poultry production,
and livestock, poultry, and other animals and things used for
breeding, feeding, or other purposes connected with the operation
of the farm, when the truck is operated in accordance with this
division and is not used in the operations of a motor
transportation company or private motor carrier.
(3) "Public safety vehicle" has the same meaning as in
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.
(4) "Recreational vehicle" includes every vehicle that is
defined as a recreational vehicle in section 4501.01 of the
Revised Code and is used exclusively for purposes other than
engaging in business for profit.
Sec. 5101.312. (A) As used in this section:
(1) "Child support order" has the same meaning as in section 2301.373
of the Revised Code.
(2) "Employer" means any employer with twenty-five or more
employeesOTHER THAN AN EXECUTIVE AGENCY OF THE UNITED
STATES, except "employer" also means an employer with fewer
than twenty-five employees if the employer's business is one of the following:
(a) Eating and drinking place;
(b) General building contractor;
(c) Construction--special trade contractor;
(d) Motor freight transportation and warehousing;
(e) Automotive dealer or gasoline service station;
(f) Automotive repair, services, and parking.
(3) "Obligor" means a person required to pay support under a child support
order.
(B) Effective January 1, 1996, an employer shall report
in writing to the department of
human services the hiring, rehiring, or return to work as an employee of a
person who resides, works, or will be assigned to work in
this state to whom the employer anticipates paying compensation.
(C) An employer shall include all of the following in each
report:
(1) The employee's name, address, and social security
number;
(2) The employer's name, address, and identification number.
(D) An employer may make a report by submitting a copy of the
United States internal revenue service form W-4
(employee's withholding allowance certificate) for the employee, a form
provided by the department, or any other hiring document or data storage
device or mechanism the department authorizes. An employer may make the
report by mail, fax, or other means the department authorizes. If an employer
makes a report by mail, the date of making the report is the postmark date if
the report is mailed in the United States with first class
postage and is addressed as the department authorizes. An employer shall
make the report not later than thirty days after the date on
which the employer hires or rehires an employee or the employee returns to
work.
(E) The department shall use the reports it receives pursuant to
this section to locate obligors under child support orders being administered
by child support enforcement agencies in this state and to detect fraud in any
program administered by the department. The department may submit to the
bureau of workers' compensation or the bureau of employment services a copy of
any report it receives from an employer pursuant to this section. The
department shall adopt rules in accordance with Chapter 119. of the Revised
Code to implement this section. In adopting the rules, the department shall
work with the bureau
of employment services for the purpose of identifying the industries listed
in division (A)(2) of this section by using the Standard
Industrial Classification codes established
in the standard industrial classification manual, 1987, published by the
executive office of the president, office of management and budget.
(F) An employer who fails to make a report required by this
section shall be required by the department of human services to pay a fee of
twenty-five dollars for each failure to make a report.
Sec. 5903.01. As used in section SECTIONS 5903.01 to
5903.05 AND 5903.02 of the Revised Code:
(A) "Permanent public employee" means any person holding a
position in public employment that requires working a regular
schedule of twenty-six consecutive bi-weekly BIWEEKLY pay
periods, or any
other regular schedule of comparable consecutive pay periods,
which is not limited to a specific season or duration.
"Permanent public employee" does not include student help;
intermittent, seasonal, or external interim employees; or
individuals covered by personal services contracts.
(B) "Public employment" means employment by the state, or
any county, municipal corporation, or other civil or political
subdivision, including any department or agency thereof.
(C) "Public employer" means any government, department, or
agency mentioned in division (B) of this section.
(D) "Position" means employment, full-time, part-time,
probationary, or otherwise, held at the time of entrance into
military duty THE UNIFORMED SERVICES, but does not include
temporary
or casual employment
or an office filled by
election.
(E) "Military duty" means training and service performed
by a member of the Ohio national guard, Ohio military reserve, or
Ohio naval militia, or by an inductee, enlistee, reservist, or
any entrant into a reserve component of the armed forces of the
United States, and time spent in reporting for and returning from
such service and training, or if a rejection occurs, from the
place of reporting therefor PERMANENT PRIVATE EMPLOYEE" MEANS
ANY PERSON HOLDING A POSITION WITH A PRIVATE EMPLOYER.
(F) "PRIVATE EMPLOYER" MEANS ANY PERSON, INSTITUTION,
ORGANIZATION, OR OTHER ENTITY THAT IS NOT A PUBLIC EMPLOYER AND THAT PAYS
SALARY OR WAGES FOR WORK PERFORMED OR THAT HAS CONTROL OVER EMPLOYMENT
OPPORTUNITIES.
(G) "SERVICE IN THE UNIFORMED SERVICES" MEANS THE PERFORMANCE OF
DUTY, ON A
VOLUNTARY OR INVOLUNTARY BASIS, IN A UNIFORMED SERVICE, UNDER COMPETENT
AUTHORITY, AND INCLUDES ACTIVE
DUTY, ACTIVE DUTY FOR TRAINING, INITIAL ACTIVE DUTY FOR TRAINING, INACTIVE
DUTY FOR TRAINING, FULL-TIME NATIONAL GUARD DUTY, AND PERFORMANCE OF DUTY OR
TRAINING BY A MEMBER OF THE OHIO ORGANIZED MILITIA PURSUANT TO
CHAPTER 5923. OF THE REVISED CODE. "SERVICE IN THE
UNIFORMED SERVICES" INCLUDES ALSO THE PERIOD OF TIME FOR WHICH A PERSON IS
ABSENT FROM A
POSITION OF PUBLIC OR PRIVATE EMPLOYMENT FOR THE PURPOSE OF AN EXAMINATION TO
DETERMINE THE FITNESS OF THE PERSON TO PERFORM ANY DUTY DESCRIBED IN THIS
DIVISION.
(H) "UNIFORMED SERVICES" MEANS THE ARMED FORCES,
THE OHIO ORGANIZED MILITIA,
WHEN ENGAGED IN ACTIVE DUTY FOR TRAINING, INACTIVE DUTY
TRAINING, OR FULL-TIME NATIONAL GUARD DUTY, THE COMMISSIONED
CORPS OF THE PUBLIC HEALTH SERVICE, AND ANY OTHER CATEGORY OF
PERSONS DESIGNATED BY THE PRESIDENT OF THE
UNITED
STATES IN TIME OF WAR OR
EMERGENCY.
Sec. 5903.02. (A) THE DETERMINATION OF REINSTATEMENT AND
REEMPLOYMENT RIGHTS OF
PERMANENT PUBLIC EMPLOYEES AND PERMANENT PRIVATE EMPLOYEES IN THE UNIFORMED
SERVICES
SHALL BE MADE IN ACCORDANCE WITH THE "UNIFORMED SERVICES
EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT OF
1994," 108 STAT. 3149, 38 U.S.C.A. 4301, ET. SEQ.
(B) THE DIRECTOR OF ADMINISTRATIVE SERVICES SHALL ADOPT RULES FOR
THE IMPLEMENTATION OF SECTION 5903.01 of the Revised Code AND THIS SECTION.
Sec. 5911.011. The adjutant general is the (A) AS
director of state armories. He shall provide,THE ADJUTANT
GENERAL MAY ACQUIRE, DESIGN, CONSTRUCT, EXPAND, REHABILITATE, AND CONVERT
grounds, armories, airfields, and other buildings, and
facilities for the purpose PURPOSES of DEVELOPING,
training,AND OPERATING UNITS OF THE OHIO NATIONAL
GUARD and for the
safekeeping of arms, clothing,
equipment, and otherSTATE OR FEDERAL military property issued to the
Ohio national guard, OR STATE PROPERTY ISSUED TO the
Ohio military reserve, or the Ohio naval militia, and.
(B) IN ACQUIRING GROUNDS, ARMORIES, AIRFIELDS, AND OTHER
FACILITIES FOR THE PURPOSES DESCRIBED IN DIVISION (A) OF THIS
SECTION, THE ADJUTANT GENERAL may purchase, lease
PROPERTY for any period of time not exceeding TERM UP TO
ninety-nine years, SUBJECT TO THE AVAILABILITY OF STATE FUNDS OR FEDERAL
FUNDS OBTAINED UNDER AN AGREEMENT BY WHICH THE UNITED STATES
CONTRIBUTES TO THE COST OF LEASING THE GROUNDS, ARMORY, AIRFIELD, OR OTHER
FACILITY, or THE ADJUTANT GENERAL MAY build suitable
buildings, airfields, and facilities
for such THOSE purposes when, in his judgment, it is for the
best interest of the
state to do so. He shall
(C) THE ADJUTANT GENERAL MAY provide for the
LEASING, management, care, and maintenance of such
THOSE grounds, armories, airfields, buildings, and OTHER
facilities and may prescribe such rules for the management,
government, and guidance of the organizations and units occupying them as
are necessary and desirable. When promulgating such
THOSE rules, the adjutant general need not comply with Chapter111.OR 119. of the Revised Code.
Sec. 5911.03. (A) The adjutant general may receive gifts of land,
money, or other property for the purpose of aiding in the acquisition of
grounds and
airfields, or the purchase, building, furnishing, or maintaining of an armory,
building AIRFIELD,
or other facility for military purposes. All
(B) ALL lands so acquired UNDER THIS SECTION
shall be deeded
to the state, and all property received under this section from any source
shall become the property of this state,EXCEPT AS MAY BE PROVIDED
IN AN AGREEMENT BY WHICH THE UNITED STATES CONTRIBUTES TO
THE COST OF ACQUIRING, DESIGNING, OR CONSTRUCTING THE GROUNDS, ARMORY,
AIRFIELD, OR OTHER FACILITY USED FOR DEVELOPING, TRAINING, AND OPERATING UNITS
OF THE NATIONAL GUARD.
Sec. 5911.04 The adjutant general shall be governed in the construction of
armories, other buildings, facilities, and airfields for military
purposes by
sections 153.01 to 153.20 and 153.50 to 153.60 of the Revised Code.
Sec. 5911.08. The (A) EXCEPT AS ALLOWED UNDER A PERMIT
ISSUED UNDER CHAPTER 4303. OF THE REVISED CODE,
THE sale of BEER OR intoxicating liquor in an armory,
building,
airfield, or other facility used for training and for the safekeeping of arms,
clothing, equipment, and other military property belonging to the Ohio
national guard, the Ohio military reserve, or the Ohio naval
ORGANIZED militia provided for by section
5911.011 of the Revised Code is prohibited and any.
(B) ANY person guilty of
violating
such prohibition DIVISION (A) OF THIS SECTION shall be
punished as a court-martial directs PROVIDED IN CHAPTER
4303. OF THE REVISED CODE.
Sec. 5913.01. (A) The adjutant general shall be chief of staff
to IS the commander in
chief and administrative head of the OHIO organized militia.
He THE ADJUTANT GENERAL shall be:
(1) BE provided offices in Columbus and SHALL keep them
open during usual business hours. He shall
have;
(2) HAVE AND MAINTAIN custody of all military records, correspondence,
and other military
documents. He shall superintend OF THE OHIO ORGANIZED
MILITIA;
(3) SUPERINTEND the preparation of all returns and reports
required by the United States from the state on military matters. He shall
keep;
(4) KEEP a roster of all officers of the military forces of the
state OHIO ORGANIZED MILITIA, including
retired officers. He shall, whenever;
(5) WHENEVER necessary, cause the military code, PROVISIONS
OF THE REVISED CODE AND THE
orders,REGULATIONS, PAMPHLETS, circulars, and memorandums of
the adjutant general's department to be printed and distributed to the
commissioned officers and organizations of the OHIO
organized
militia.
He shall prepare;
(6) PREPARE and issue all necessary books,
blanks, and notices. He shall OHIO ORGANIZED MILITIA FORMS
AND
attest
TO all commissions issued to military officers . He shall
have OF THE OHIO ORGANIZED MILITIA;
(7) HAVE a seal, and all copies of orders, records, and papers in
his THE
ADJUTANT GENERAL'S office certified and authenticated under said
WITH THAT seal shall be COMPETENT evidence in like manner as
if the originals were produced. All orders issued from his THE
ADJUTANT GENERAL'S office shall be
authenticated with said BEAR A DUPLICATE OF THE seal.
He shall keep (8) KEEP and preserve the arms,
ordnance, equipment, and all other
military property belonging to the state or issued to the state by the federal
government and he shall make and issue such ANY
regulations as are necessary to
keep, preserve, and repair such THE property as in his
opinion conditions demand. He shall issue such military;
(9) ISSUE ADJUTANT GENERAL'S property to the units of the
OHIO organized
militia as
the necessity of the service OR ORGANIZATIONAL OR ALLOWANCE TABLES
requires.
He shall submit;
(10) SUBMIT an annual report to the governor at such time as the
governor requires of the transaction of
his THE ADJUTANT GENERAL'S
department, setting forth the strength and condition of the
OHIO organized militia
and such other matters as he deems
important. He THAT THE ADJUTANT GENERAL CHOOSES;
(11) COMMAND THE STATE AREA COMMAND OF THE OHIO NATIONAL GUARD.
(B) THE ADJUTANT GENERAL shall issue and distribute
all orders ISSUED IN THE NAME of THE GOVERNOR AS the commander
in
chief OF THE OHIO ORGANIZED MILITIA and perform such
THE duties as THAT
the commander in chief GOVERNOR directs and such other
duties as are prescribed by law.
(C) THE ADJUTANT GENERAL MAY ENTER INTO COOPERATIVE AGREEMENTS,
CONTRACTUAL ARRANGEMENTS, OR AGREEMENTS FOR THE ACCEPTANCE OF GRANTS WITH THE
UNITED STATES OR ANY AGENCY OR DEPARTMENT OF THE
UNITED STATES, OTHER STATES, ANY DEPARTMENT OR POLITICAL
SUBDIVISION OF THIS STATE, OR ANY PERSON OR BODY POLITIC, TO ACCOMPLISH THE
PURPOSES OF THE ADJUTANT GENERAL'S DEPARTMENT. THE ADJUTANT GENERAL SHALL
COOPERATE WITH, AND NOT INFRINGE UPON, THE RIGHTS OF OTHER STATE DEPARTMENTS,
DIVISIONS, BOARDS, COMMISSIONS, AND AGENCIES, POLITICAL SUBDIVISIONS, AND
OTHER
PUBLIC OFFICIALS AND PUBLIC AND PRIVATE AGENCIES WHEN THE INTERESTS OF THE
ADJUTANT GENERAL'S DEPARTMENT AND THOSE OTHER ENTITIES OVERLAP.
THE FUNDS MADE AVAILABLE BY THE UNITED STATES FOR THE
EXCLUSIVE USE OF THE DEPARTMENT SHALL BE EXPENDED ONLY BY THE DEPARTMENT AND
ONLY FOR THE PURPOSES FOR WHICH THE FEDERAL FUNDS WERE APPROPRIATED. IN
ACCEPTING FEDERAL FUNDS, THE DEPARTMENT AGREES TO ABIDE BY THE TERMS AND
CONDITIONS OF THE GRANT OR COOPERATIVE AGREEMENT AND FURTHER AGREES TO EXPEND
THE FEDERAL FUNDS IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE
UNITED STATES.
Sec. 5913.02. (A) The military staff of the governor shall
MAY consist of an ANY OF THE FOLLOWING:
(1) AN adjutant general of IN the grade of major
general,
upon whom WHO shall devolve PERFORM the
duties of
quartermaster general; an
(2) AN assistant adjutant general for army of
IN the grade of brigadier MAJOR general; an
(3) AN assistant adjutant general for air of IN
the
grade of brigadier MAJOR general; an
(4)AN assistant quartermaster general of IN the
grade of colonel; all of whom OR ANY RETIRED OFFICER WHO HAS
APPROPRIATE QUALIFICATIONS FOR THE POSITION, AS DETERMINED BY THE ADJUTANT
GENERAL AND THE GOVERNOR.
ALL PERSONS NAMED IN DIVISIONS (A)(1) TO (4) OF THIS SECTION
shall be appointed by the governor and shall hold office during his
THE
GOVERNOR'S pleasure. The
(B) THE governor's military staff ALSO shall
also include four
aides-de-camp,
who shall be appointed by the governor and hold office during his
THE GOVERNOR'S pleasure.
Sec. 5913.021. (A) The adjutant general at the time of
appointment shall be a federally recognized officer of IN the
Ohio national guard of IN the grade of colonel or above,
the.
(B) THE assistant adjutant general for army at the time of
appointment shall be a
federally recognized officer of IN the Ohio army national guard
of IN the grade of lieutenant colonel or above,
the.
(C) THE assistant adjutant
general for air at the time of appointment shall be A federally
recognized rated officer of IN the Ohio air national
guard of IN the grade of lieutenant colonel or above,
and the.
(D) THE assistant
quartermaster general at the time of appointment shall be a
federally recognized officer of IN the Ohio ARMY national
guard of IN the grade of major LIEUTENANT COLONEL
or above, OR ANY RETIRED OFFICER WHO HAS APPROPRIATE QUALIFICATIONS
FOR THE POSITION, AS DETERMINED BY THE ADJUTANT GENERAL AND THE GOVERNOR.
The
(E) THE adjutant general, the assistant
adjutant general for the army, the assistant adjutant general for
air, and the assistant quartermaster general at the time of
appointment shall each have not less than ten years' commissioned
service in the armed forces of the United States, not less than
five years of such THAT service being in the Ohio national
guard, and shall at all times during their tenure of office be federally
recognized officers of the Ohio national guard.
(F) The provisions of this section relative to federal
recognition shall be suspended during any period of emergency
when the majority of the units of the Ohio national guard are in
the federal service, in which. IN THAT event,
retired
officers of the Ohio national guard shall be eligible to serve as adjutant
general,
assistant adjutant general for army, assistant adjutant general
for air, and assistant quartermaster general for the duration of
such emergency or until a majority of the units of the Ohio
national guard are released from federal service.
Sec. 5913.03. The adjutant general shall give bond in the sum of thirty
thousand dollars to the state conditioned upon the faithful performance of
his THE ADJUTANT GENERAL'S OFFICIAL duties; the
assistant adjutant general for army and the assistant adjutant
general for air shall give like bonds BOND in the sum of ten
thousand dollars; and the assistant quartermaster general shall give a
like bond in the sum of twenty
thousand dollars. If a surety bond is given, the premiums shall be paid out
of
funds appropriated therefor FOR THE SURETY BOND. Said
THESE bonds shall be filed in
the office of the secretary of state. All other bonds given by the various
officers of the OHIO organized militia shall be filed and
recorded in the office of
the adjutant general.
Sec. 5913.04. The GOVERNOR'S aides-de-camp shall be detailed from the
commissioned
officers of the Ohio national guard in active service from those of a grade
below that of colonel. Such THIS detail shall not add to
the
grade of the officer so appointed. The officers detailed as aides-de-camp
shall not be relieved from duty with their respective organizations, but shall
perform all duties pertaining thereto, except when on duty as
aides-de-camp under orders of the governor AS AN EXCEPTION TO THEIR USUAL
DUTIES.
Sec. 5913.05. (A) The assistant adjutants general shall serve in
the office of the
adjutant general, and aid him THE ADJUTANT GENERAL by
performing
such THE duties as THAT the adjutant
general
assigns them. In
(B) IN the absence or disability of the adjutant general, the
senior
assistant adjutant general shall perform the duties of the adjutant general.
In
(C) IN the absence or disability of the adjutant general and
the senior assistant adjutant general, the junior assistant adjutant general
shall perform the duties of the adjutant general.
Sec. 5913.051. To supplement the military staff of the
governor, the adjutant general shall MAY appoint an assistant to
the state area commander for readiness and training for army. This
assistant shall be a brigadier general and shall serve in the
office of AID the adjutant general and aid him and the state
area
commander by performing such duties as THAT the
adjutant general
assigns in the areas of readiness, training, and mobilization.
This assistant shall not be a full-time state employee, but shall
serve in his THAT capacity only during federally recognized
training,
special duty periods, or mobilization periods, and shall at the
time of his appointment be of IN the rank of colonel or
above but
otherwise meet the qualifications established in section 5913.021
of the Revised Code.
Sec. 5913.06. (A) The assistant quartermaster general, under
direction of the adjutant general as quartermaster general, shall have charge
of all military AND OTHER DEPARTMENTAL property belonging to the
state. The
(B) THE assistant quartermaster general shall keep an
accurate
account thereof OF STATE MILITARY AND OTHER DEPARTMENTAL
PROPERTY and shall make such returns and PREPARE reports as
the
adjutant general directs. He
(C) THE ASSISTANT QUARTERMASTER
GENERAL shall perform such other duties as are assigned
to him by the adjutant general. In
(D) IN the absence or disability of the
adjutant
general, and the assistant adjutants general, the assistant
quartermaster
general shall perform the duties of the adjutant general.
Sec. 5913.07. (A) Any person who has served as a member of
the OHIO organized militia of Ohio or of the armed
forces
of the United States, or both, for a period of three TWENTY
years, one year EIGHT YEARS of which has HAVE been
served as a commissioned officer of the Ohio state guard, the Ohio state
naval ORGANIZED militia, or the Ohio military reserve may,
at his own THE PERSON'S request and upon approval of the
adjutant general, MAY be placed
upon the reserve RETIRED list, which shall be kept in the office
of the adjutant general. Such
(B) RETIRED officers shall receive no compensation FROM
THE STATE for their
services except
as provided in this section, but shall be permitted MAY on all
occasions of ceremony to wear the uniform of their rank. The
commander in chief
(C) THE ADJUTANT GENERAL may assign or detail such
RETIRED officers upon duty and when so assigned or detailed, they shall
receive the same pay and allowances as officers on the active list of the
ELEMENT OF THE OHIO organized militia assigned, detailed, or
employed under like condition.
Sec. 5913.08. The adjutant general shall have HAS general
direction over the state
arsenal, state camp grounds, and other military AND OTHER ADJUTANT
GENERAL'S DEPARTMENT property of BELONGING TO the state.
He shall THE ADJUTANT GENERAL MAY employ such labor
thereat EMPLOYEES as the governor deems the necessities
and best
interests of the state require NECESSARY TO CARRY OUT THE DUTIES OF THE
ADJUTANT GENERAL'S DEPARTMENT.
Sec. 5913.09. (A) The adjutant general shall be
IS
the custodian of all military AND OTHER ADJUTANT GENERAL'S DEPARTMENT
property, both real and personal, belonging to the state.
He (B) THE ADJUTANT GENERAL may make such
changes
and improvements in such TO MILITARY AND OTHER ADJUTANT GENERAL'S
DEPARTMENT
property
as the needs of the state AND FEDERAL GOVERNMENT and the exigencies of
the service
require. All improvements made upon such THAT property
belonging to
the state, from moneys received either all or in part from the
state OR FEDERAL GOVERNMENT, OR BOTH, become the property of the
state, EXCEPT AS MAY BE PROVIDED
IN AN AGREEMENT AND CORRESPONDING REGULATIONS BY WHICH THE UNITED
STATES CONTRIBUTES TO
THE COST OF AN IMPROVEMENT. The
(C)(1) IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW AND
REGULATIONS, THE adjutant general
may, with the approval of the governor, MAY ACQUIRE BY PURCHASE
lease, license, or rent
military OTHERWISE, REAL AND PERSONAL property of
NECESSARY FOR the state upon
such terms and under such
conditions as PURPOSES OF the adjutant general considers
appropriate and
proper DEPARTMENT. Except
(2) IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW AND
REGULATIONS, THE ADJUTANT GENERAL, WITH THE APPROVAL OF THE ATTORNEY GENERAL,
MAY ENTER INTO CONTRACTS FOR THE CONSTRUCTION, REPAIR, RENOVATION,
MAINTENANCE,
AND OPERATION OF MILITARY OR OTHER ADJUTANT GENERAL'S DEPARTMENT PROPERTY.
(3) IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW AND REGULATIONS,
THE ADJUTANT GENERAL, WITH THE APPROVAL OF THE GOVERNOR, MAY LEASE OR EXCHANGE
ALL OR PART OF ANY MILITARY OR OTHER ADJUTANT GENERAL'S DEPARTMENT PROPERTY OR
GRANT EASEMENTS OR LICENSES, IF THE LEASE, EXCHANGE, EASEMENT, OR LICENSE IS
ADVANTAGEOUS TO THE STATE.
(4) ALL REAL PROPERTY OF THE ADJUTANT GENERAL'S DEPARTMENT SHALL BE SOLD
IN
ACCORDANCE WITH SECTION 5911.10 of the Revised Code.
(D) EXCEPT as otherwise provided in this section, all
receipts INCOME from any military OR OTHER ADJUTANT GENERAL'S
DEPARTMENT property of the state, not made a
portion of the company, troop, battery, DETACHMENT, SQUADRON, or
other organization funds by regulations, shall be credited to the funds for
the OPERATION AND
maintenance of the Ohio national guard, Ohio naval ORGANIZED
militia, or the Ohio military reserve, as the adjutant general
directs, IN ACCORDANCE WITH APPLICABLE STATE AND FEDERAL LAW AND
REGULATIONS AND THE AGREEMENTS BY WHICH THE UNITED STATES
CONTRIBUTES TO THE COST OF OPERATION AND MAINTENANCE OF THE OHIO
NATIONAL GUARD. All
income received from seasonal rental units and
recreational facilities at Camp Perry shall be paid into the state treasury to
the credit of the Camp Perry clubhouse and rental activities
fund, which is hereby created.
Sec. 5913.10. (A) The adjutant general may prescribe and
enforce rules and police regulations for the range and ground
PROPERTY referred to in section 5913.09 of the Revised Code, as
he THE ADJUTANT GENERAL deems necessary for
protection and safety.
(B) IN PRESCRIBING REGULATIONS UNDER DIVISION (A) OF
THIS SECTION, THE ADJUTANT GENERAL NEED NOT COMPLY WITH CHAPTER 111.
OR 119. OF THE REVISED CODE.
Sec. 5913.17. No person shall enter an encampment of the OHIO
organized militia, or
a camp or cantonment of any military organization of the United States,
when forbidden to do so, or, having been permitted to enter therein
THE ENCAMPMENT, shall
conduct himself BEHAVE in a disorderly manner or shall
resist a sentry or guard acting under
orders to prevent such THAT entry or disorderly conduct.
Sec. 5919.01. (A) The Ohio national guard shall
consist
CONSISTS of such THOSE organizations and units as
THAT are, under the laws of the United States and the regulations
promulgated in pursuance thereof UNDER THEM, prescribed as the
portion of the ARMY OR AIR national guard of the United States
apportioned LOCATED and assigned to ORGANIZED
WITHIN this state in accordance with troop basis ACCORDING TO
THE LOCATIONS, BRANCHES, ORGANIZATIONS, AND ALLOTMENTS approved by the
governor of Ohio THIS STATE.
(B) The organizations and units of the Ohio national guard
shall conform to and be organized in accordance with ACCORDING
TO the ORGANIZATIONAL OR ALLOWANCE
tables of organizations as prescribed by the department of
defense
THE ARMY OR AIR FORCE AND BY THE NATIONAL GUARD BUREAU for the national
guard. In case of an emergency or imminent danger thereof OF AN
EMERGENCY, the governor, as
commander in chief, may increase the organized military forces
of the state in accordance with SIZE OF THE OHIO NATIONAL
GUARD ACCORDING
TO the existing rules and regulations governing the armed forces of
the United States, as the exigency
of the occasion requires; and such. ANY organization and
increase may be made either pursuant to,
or in advance of, any call or order made by the president of the United
States.
Sec. 5919.02. (A) All commissioned AND WARRANT
officers of the Ohio national guard shall be appointed by the governor as
commander in
chief, upon the recommendation of the commanding officers of the
organizations to which such officers are to be assigned for duty, and
SHALL be
commissioned OR WARRANTED according to grade in UNDER the
REGULATIONS OF THE department, corps, arm, or
service in which they are appointed OF THE ARMY OR AIR FORCE AND THE
NATIONAL GUARD BUREAU. No
(B) NO officer shall be commissioned OR WARRANTED
until he THE OFFICER has successfully passed tests as to
his
physical, moral, and professional fitness as prescribed by REGULATIONS
PROMULGATED UNDER federal law for federal recognition as an A
COMMISSIONED OR WARRANT officer.
(C) General officers of the line shall be appointed
from the federally recognized eligible commissioned officers of the ARMY OR
AIR national guard of this state OR OF ANOTHER COMPONENT OF THE ARMED
FORCES OF THE UNITED
STATES, who shall have served at least fifteen years as a
commissioned officer in the ARMY OR AIR national guard or in another
component of the armed forces of the United States, or
both. At least ten years of such service shall have been with troops.
Sec. 5919.04. (A) The governor ADJUTANT
GENERAL may issue such regulations AND OTHER PUBLICATIONS
governing the appointment of officers in the Ohio national guard and
such ALL other matters pertaining to the Ohio national
guard as are necessary to conform to the requirements made OR
AUTHORIZED by congress for participation in federal appropriations for the
national guard.
(B) IN ISSUING REGULATIONS AND OTHER PUBLICATIONS UNDER DIVISION
(A) OF THIS SECTION, THE ADJUTANT GENERAL NEED NOT COMPLY WITH
CHAPTER 111. OR 119. of the Revised Code.
Sec. 5919.071. Any person, commissioned or warranted as an officer in the
Ohio national guard, shall hold his THE commission or warrant
during the period of his THE PERSON'S federal recognition. The
termination or withdrawal by the department of defense THE ARMY OR
AIR
FORCE of the federal recognition of any commissioned or warrant officer
IN THE ARMY OR AIR NATIONAL GUARD OF THE UNITED
STATES shall terminate his
THE PERSON'S commission OR WARRANT in the Ohio national guard.
Sec. 5919.09. Original enlistments ENLISTMENTS in the Ohio
national guard and all subsequent enlistments shall be for the period
prescribed by act of congress AND PUBLICATIONS OF THE ARMY, AIR FORCE, AND
NATIONAL GUARD BUREAU.
Sec. 5919.12. An A COMMISSIONED OR WARRANT officer of the Ohio
national guard may be honorably discharged by the GOVERNOR AS commander
in chief upon
tender of his THE OFFICER'S resignation, in
conformity with the requirements of the department of defense THE
ARMY OR AIR FORCE AND THE NATIONAL GUARD BUREAU,
provided he BUT THE OFFICER shall not be discharged until
he THE OFFICER has accounted for all state and United States
property and all public moneys for which he THE OFFICER is
responsible.
Sec. 5919.13. (A) Any commissioned OR WARRANT officer
who
has served as a member of the Ohio national guard for a period of ten
TWENTY years, five EIGHT of which have been as a
commissioned OR WARRANT officer, may at his own THE
OFFICER'S request, and shall upon termination of his THE
OFFICER'S federal recognition, be placed upon the retired list, which
shall be kept in the office of the adjutant general. Officer so
retired
(B) RETIRED OFFICERS shall receive no
compensation FROM THE STATE for their services except as provided in
this section, but shall be permitted MAY on all occasions of
ceremony to wear the uniform of the grade upon which retired
THEIR RANK. The commander in chief
(C) THE ADJUTANT GENERAL may detail officers so
A retired upon OFFICER TO duty other than in the command
of troops, and when so detailed, they CONSISTENT WITH FEDERAL
PUBLICATIONS. A RETIRED OFFICER THEN shall receive like pay
and allowances as officers on the active list detailed or employed under
like conditions PRESCRIBED UNDER THE DEPARTMENT OF DEFENSE PAY
MANUAL.
Sec. 5919.14. (A) At any time the moral character, capacity,
and
general fitness for services, SERVICE of any Ohio national guard
officer may be determined by an efficiency A board of three
commissioned officers, appointed by the governor, who shall be senior
in
rank, if practicable, to the officer whose fitness for service is under
investigation, and if the finding of such board is unfavorable to such officer
and is approved by the governor, he the officer shall be discharged
WHICH SHALL BE CONVENED AND PROCEED ACCORDING TO PUBLICATIONS OF THE ARMY
OR AIR FORCE AND THE NATIONAL GUARD BUREAU.
(B) A BOARD OF OFFICERS CONVENED UNDER DIVISION (A) OF
THIS SECTION IS NOT A PUBLIC BODY SUBJECT TO SECTION 121.22 OF THE
REVISED CODE.
Sec. 5919.15. There shall be organized a national guard reserve which
shall
consist of such organizations, officers, and enlisted man, as the president of
the United States prescribes. Officers COMMISSIONED OFFICERS, WARRANT
OFFICERS, and enlisted men PERSONNEL of the Ohio
national guard may be transferred to the INACTIVE national guard
reserve under such regulations as THAT the
president
NATIONAL GUARD
BUREAU prescribes.
Sec. 5919.16. Commissions of (A) COMMISSIONED AND
WARRANT officers of IN the
Ohio national guard shall be vacated DISCHARGED by THE
ADJUTANT GENERAL UPON EITHER OF THE FOLLOWING:
(1) THE OFFICER'S resignation, by termination;
(2) APPROVAL OF A BOARD'S RECOMMENDATION FOR WITHDRAWAL of federal
recognition by the
department of defense, absence CHIEF OF THE NATIONAL GUARD BUREAU.
(B) AN OFFICER ALSO MAY BE DISCHARGED UNDER ANY OF THE FOLLOWING
CIRCUMSTANCES:
(1) PURSUANT TO OTHER FEDERAL REGULATIONS;
(2) IF ABSENT without leave for three months, upon
recommendation of an efficiency board, pursuant;
(3) PURSUANT to sentence by
court-martial,
or if such;
(4) IF THE officer has been convicted of an infamous A
crime CLASSIFIED AS A FELONY AS DESCRIBED IN DIVISION (D) OR
(E) OF SECTION 2901.02 OF THE REVISED CODE.
Sec. 5919.17. (A) An enlisted man PERSON
discharged
from service in the Ohio national
guard shall receive a discharge, in writing, in such THE form
and with such classification as is THE CHARACTERIZATION
prescribed for BY the regular army OR AIR FORCE.
In time of peace,
discharges may be given prior to BEFORE the expiration of terms
of enlistment, under prescribed regulations, subject to the ANY
restrictions of the national defense act CONTAINED IN ARMY OR AIR
FORCE AND NATIONAL GUARD PUBLICATIONS.
(B) On termination of an emergency in which the officers
and enlisted men PERSONNEL of the Ohio national guard have been
called
or drafted ORDERED into federal service by the president of the
United States, in accordance with ACCORDING TO the
laws of the United States, such called or drafted officers and enlisted
men THOSE PERSONS shall continue to
serve in the Ohio national guard until the dates upon which their
commissions or enlistments SERVICE OBLIGATIONS entered into
prior to BEFORE the call or draft ORDER into the
federal service would have expired if uninterrupted.
Sec. 5919.22. No officer or enlisted man PERSON may be
discharged from the Ohio
national guard except as provided in section 5919.01 to 5919.25, inclusive,
of
the Revised Code; nor shall any officer be demoted for any cause except upon
his written consent; nor shall the enlistment of
any eligible citizen or alien
who has declared his intention to become a citizen be
denied, except as provided in such sections BY PUBLICATIONS OF THE
ARMY OR AIR FORCE AND THE NATIONAL GUARD BUREAU.
Sec. 5919.25. The Ohio national guard shall, as far as practicable,
SHALL be
uniformed, armed, and equipped with the same type of uniforms, arms, and
equipment as is provided for the armed forces of the United States
AIR FORCE OR ARMY.
Sec. 5919.28. The system of tactics, field exercises, and training for the
armed forces of the United States ARMY OR AIR FORCE shall be the
system of tactics, field
exercises, and training for the Ohio national guard.
Sec. 5919.29. (A) The governor as commander in chief may
order individuals and units of the Ohio national guard to
perform any training or duty authorized under the
"Act of August 10, 1956," 70A
Stat. 596, 32 U.S.C.A.
101-716 101 TO 716, and under regulations prescribed
by the president of the
United States, the secretary of defense, the
secretary of the army, the secretary of the air force, or the
chief of the national guard bureau.
(B) When ordered by the governor to perform training or duty
under this section or section 5923.12 of the Revised
Code, members of the Ohio national guard shall
have the protections afforded to persons on federal active duty
by "The Soldiers and Sailors
Civil Relief Act of 1940," 54
Stat. 1178, 50 App.
U.S.C.A. 501-548 and 560-591, AND BY THE "UNIFORMED
SERVICES EMPLOYMENT AND REEMPLOYMENT
RIGHTS ACT OF 1994," 108 STAT. 3149, 38 U.S.C.A.
4301 TO 4333.
Sec. 5919.30. There shall be an annual inspection (A)
INSPECTION of each organization and unit UNITS OF THE
OHIO NATIONAL GUARD SHALL BE CONDUCTED under such rules
and regulations
as are prescribed under the National Defense Act by the
president of the United States or secretary of defense THE
ARMY OR SECRETARY OF THE AIR FORCE AND THE CHIEF OF THE NATIONAL GUARD
BUREAU.
The
(B) THE adjutant general or an officer acting under
his THE ADJUTANT GENERAL'S authority may make such other
inspections as are considered necessary by the adjutant general.
Sec. 5919.32. While one duty under the authority of the department of
defense of the United States, and in going to and returning therefrom,
officers and
enlisted men of the Ohio national guard shall receive
such pay and allowances
as are allowed by the department of defense. For attendance at armory
drill SATISFACTORILY PERFORMING INACTIVE DUTY FOR TRAINING, ANNUAL
TRAINING, AND ACTIVE DUTY FOR SPECIAL WORK, officers and enlisted
men PERSONNEL of the Ohio national guard shall receive
such pay and allowances as are FROM THE UNITED
STATES authorized and allowed by the department of defense PAY
MANUAL, subject to such rules and regulations as may be
promulgated by UNDER it.
Sec. 5919.33. Upon certification of availability of funds by the director of
budget and management, the adjutant general shall pay a death benefit of
twenty thousand dollars from the appropriations for operating expenses,
to the
beneficiary or beneficiaries of any member of the Ohio national guard who dies
while performing state active duty under orders issued by competent
authority. Provided such THE ADJUTANT GENERAL ON BEHALF OF THE
GOVERNOR, IF THE beneficiary or beneficiaries has or have been so
designated in a written statement as prescribed by the adjutant general.
Sec. 5919.35. (A) THE STOCKAGE, ACCOUNTABILITY, ISSUANCE, AND
DISPENSING OF ANY DRUG, AS DEFINED IN SECTION 4729.02 OF THE REVISED
CODE, THAT IS ISSUED TO ANY UNIT OR MEMBER OF THE OHIO
NATIONAL GUARD IS GOVERNED EXCLUSIVELY BY REGULATIONS OR OTHER DIRECTIVES
PRESCRIBED BY THE UNITED STATES ARMY OR AIR FORCE AND THE
NATIONAL GUARD BUREAU. OHIO NATIONAL GUARD UNITS AND PERSONNEL ARE
NOT SUBJECT TO CHAPTER 4729. OR 3715. OF THE REVISED
CODE OR OTHER STATUTES OR REGULATIONS IN CONFLICT WITH MILITARY
REGULATIONS OR OTHER DIRECTIVES WHEN ACTING IN FURTHERANCE OF THEIR OFFICIAL
DUTIES.
(B) THIS SECTION APPLIES DESPITE THE ORDER OF OHIO
NATIONAL GUARD UNITS OR PERSONNEL TO STATE ACTIVE DUTY UNDER SECTION 5923.22
OF THE REVISED CODE OR THE FACT THAT ACCOUNTABLE OFFICERS OR
EMPLOYEES OF THE OHIO NATIONAL GUARD ARE EMPLOYED IN A CIVILIAN
STATUS.
Sec. 5920.10. Whenever the Ohio military reserve or any part thereof is
ordered out for active service by the governor, the Ohio code of military
justice shall be in full force in respect to such forces. Every officer
and
enlisted man of such forces shall, during his
service therein, be exempt from service upon any posse comitatus and from jury
duty.
Sec. 5921.09. The Ohio naval militia shall be organized, governed, drilled,
and instructed in accordance with the regulations and customs provided for the
navy of the United States, and Chapter 5924. of the Revised Code, together
with
the orders of the governor. Every commissioned officer, warrant officer,
and
enlisted member, when ordered out for active service by the governor, shall
during his service therein, be exempt from service upon any
posse comitatus and from jury duty.
Sec. 5923.01. (A) The OHIO ORGANIZED militia
of the state shall consist CONSISTS of all able-bodied
citizens of the state WHO ARE NOT PERMANENTLY HANDICAPPED, AS HANDICAPPED
IS
DEFINED IN SECTION 4112.01 OF THE REVISED CODE, who are
more than seventeen years of age, and not more than
sixty-seven years, of age except UNLESS EXEMPTED as
provided in
section 5923.03 5923.02 of the Revised Code. The militia
shall be divided into four classes, AND WHO ARE MEMBERS OF ONE
OF
THE FOLLOWING:
(A)(1) The Ohio national guard;
(B)(2) The Ohio naval militia;
(C)(3) The Ohio military reserve;
(D) The unorganized militia.
(B) The Ohio national guard, INCLUDING BOTH THE
OHIO
AIR NATIONAL GUARD AND THE OHIO ARMY NATIONAL GUARD, the
Ohio naval militia, and the Ohio military reserve shall be ARE
known collectively as the OHIO organized militia.
"Military forces" includes the (C) THE Ohio
national guard, the Ohio naval militia, AND the Ohio
military reserve, and the
unorganized militia.
"National Defense Act," means an act of congress, entitled
"An act for making further and more effectual provision for the
national defense and for other purposes," approved by the
president, June 3, 1916, and all acts amendatory thereof and
supplementary thereto ARE KNOWN COLLECTIVELY AS THE STATE DEFENSE
FORCES.
(D) No troops shall be maintained in time of peace other than
as authorized and prescribed under the "National Defense Act
ACT OF AUGUST 10, 1956," 70A STAT.
596, 32 U.S.C.A. 101 TO 716." Such THIS
limitation does not affect the right of the state to the use of the
ITS ORGANIZED militia within its borders in time of peace as prescribed
in BY the military laws of this state. This section does
not
prevent the organization and maintenance of police.
Sec. 5923.02. The (A) THE FOLLOWING PERSONS, IF SUBJECT
TO
DUTY IN THE OHIO ORGANIZED MILITIA, MAY BE EXEMPTED BY THE ADJUTANT
GENERAL FROM DUTY ON REQUEST:
(1) THE VICE-PRESIDENT OF THE UNITED STATES;
(2) THE officers, judicial and executive,
of the departments of the state and of the United States, and the members of
the general assembly, without regard to age, shall be exempt from duty in
the Ohio militia, and all persons who;
(3) MEMBERS OF THE ARMED FORCES OF THE UNITED STATES OR
THEIR RESERVE COMPONENTS;
(4) CUSTOMHOUSE CLERKS;
(5) EMPLOYEES OF THE UNITED STATES POSTAL SERVICE;
(6) WORKERS EMPLOYED IN ARMORIES, ARSENALS, OR NAVAL SHIPYARDS OF THE
UNITED STATES;
(7) PILOTS ON THE NAVIGABLE WATERS OF THE UNITED STATES;
(8) MARINERS LICENSED BY THE UNITED STATES.
(B) ANY PERSON because of religious belief OR OTHER MORAL
CONVICTION HELD AS A MATTER OF CONSCIENCE MAY claim exemption from
military OHIO ORGANIZED MILITIA service, when the
conscientious holding of such belief by such person is established under such
regulations as the governor prescribes, shall be exempted from military
service in a combatant capacity; but no person so exempted shall be exempt
from military service in any capacity that the governor declares to be
noncombatant.
Sec. 5923.03. (A) The Ohio national guard and the Ohio
naval militia shall consist CONSISTS
of the MEMBERS OF THE OHIO ORGANIZED militia regularly
WHO ARE enlisted therein, transferred or assigned thereto
under the laws and regulations of the United States, and of the officers and
warrant officers regularly commissioned and, OR
warranted therein or assigned
thereto, IN THE OHIO NATIONAL GUARD, ALL as shall
be prescribed by PUBLICATIONS OF the department of defense
THE ARMY OR AIR FORCE AND THE NATIONAL GUARD BUREAU
for the national guard and the naval militia AS PRESCRIBED BY
CHAPTER 5919. OF THE REVISED CODE. The
(B) THE Ohio military reserve shall consist
CONSISTS of the MEMBERS OF THE OHIO ORGANIZED militia
who are more than seventeen years of age and regularly enlisted
therein, and of officers between the ages of eighteen and sixty-seven years
regularly, commissioned therein or assigned
thereto, OR WARRANTED IN THE OHIO MILITARY RESERVE AS
PRESCRIBED
BY CHAPTER 5920. OF REVISED CODE.
(C) THE OHIO NAVAL MILITIA CONSISTS OF THE MEMBERS OF
THE OHIO ORGANIZED MILITIA WHO ARE ENLISTED, COMMISSIONED, OR
WARRANTED IN THE OHIO NAVAL MILITIA AS PRESCRIBED BY CHAPTER
5921. of the Revised Code.
Sec. 5923.05. (A)(1) Permanent public employees, as
defined in section 5903.01 of the Revised Code, who are members
of the Ohio national guard, the Ohio military reserve, the Ohio
naval ORGANIZED militia, or members of other reserve components of
the armed forces of the United States, INCLUDING THE OHIO
NATIONAL GUARD, are entitled to leave of absence from their
respective duties POSITIONS without loss of pay for such
THE time as they are performing military duty
SERVICE IN THE UNIFORMED SERVICES, as defined in section 5903.01 of the
Revised Code
for periods not to exceed twenty-two
eight-hour work days or one hundred seventy-six hours in any one
calendar year OF UP TO ONE MONTH, for each calendar year in which
military duty is performed THEY ARE PERFORMING SERVICE IN THE
UNIFORMED SERVICES.
(2) As used in this section, "calendar year" means the
year beginning on the first day of January and ending on the last
day of December, AND "MONTH" MEANS TWENTY-TWO EIGHT-HOUR WORK DAYS
OR ONE
HUNDRED SEVENTY-SIX HOURS WITHIN ONE CALENDAR YEAR.
(B) Except as otherwise provided in division (C) of this
section, any permanent public employee who is entitled to the
leave provided under division (A) of this section and who is
called OR ORDERED to military duty THE UNIFORMED SERVICES
for
a period in excess of twenty-two eight-hour work days or one hundred
seventy-six hours in any one calendar year LONGER THAN A MONTH,
for each calendar year in which military duty
is THE EMPLOYEE performed SERVICE IN THE UNIFORMED SERVICES,
because of an executive order issued by the president of the
United States or an act of congress is entitled, during the period designated
in the order or act, to a leave of absence and to be paid, during each
month of that MONTHLY PAY period OF THAT LEAVE OF
ABSENCE, the lesser of the following:
(1) The difference between his THE PERMANENT PUBLIC EMPLOYEE'S
gross monthly wage or
salary as an officer or PERMANENT PUBLIC employee and the sum of
his THE PERMANENT PUBLIC EMPLOYEE'S gross
military UNIFORMED pay and allowances received that month;
(2) Five hundred dollars.
(C) No permanent public employee shall receive payments
under division (B) of this section if the sum of his THE PERMANENT
PUBLIC EMPLOYEE'S gross
military UNIFORMED pay and allowances received in a month
PAY PERIOD exceeds his THE EMPLOYEE'S gross
monthly wage or salary as a permanent public employee FOR THAT
PERIOD or if the permanent public employee is receiving his pay
pursuant to UNDER division (A) of this section.
(D) Any political subdivision of the state, as defined in section
2744.01 of
the Revised Code, may elect to
pay any of its permanent public employees who are entitled to the
leave provided under division (A) of this section and who are
called OR ORDERED to military duty THE UNIFORMED SERVICES
for
a period in excess of twenty-two eight-hour work days or one hundred
seventy-six hours in any one calendar year LONGER THAN ONE MONTH,
for each calendar year in which military duty is
THE EMPLOYEE performed SERVICE IN THE UNIFORMED SERVICES,
because of an executive order issued by the president or an act
of congress, such payments, in addition to those
payments required by division (B) of this section, as may be
authorized by the legislative authority of the political
subdivision.
(E) Each permanent public employee who is entitled to
leave provided under division (A) of this section shall submit to
his THE PERMANENT PUBLIC EMPLOYEE'S appointing authority the
published order authorizing the
military duty CALL OR ORDER TO THE UNIFORMED SERVICES or a
written statement from the appropriate
military commander authorizing such duty THAT SERVICE, prior to
being
credited
with such leave.
(F) Any permanent public employee of a political
subdivision whose employment is governed by a collective
bargaining agreement with provision for military leave THE
PERFORMANCE OF SERVICE IN THE UNIFORMED SERVICES shall
abide by the terms of that collective bargaining agreement with
respect to military leave THE PERFORMANCE OF SUCH SERVICE, EXCEPT
THAT NO COLLECTIVE BARGAINING
AGREEMENT MAY AFFORD FEWER RIGHTS AND BENEFITS THAN ARE CONFERRED UNDER THIS
SECTION.
Sec. 5923.09. Each enlisted man MEMBER and each
commissioned OR WARRANT officer of the Ohio
military reserve shall OR OHIO NAVAL MILITIA, IF FUNDS
ARE APPROPRIATED FOR THIS PURPOSE BY THE GENERAL ASSEMBLY, MAY be paid
at rates to be prescribed from time to time by the governor as
commander in chief ADJUTANT GENERAL but not exceeding one-thirtieth
of the monthly base pay of his THE MEMBER'S OR OFFICER'S grade,
as is
provided
for enlisted men MEMBERS or commissioned OR WARRANT
officers of the armed forces of the United States UNDER THE DEPARTMENT OF
DEFENSE PAY MANUAL, for each authorized regular drill attended, to be paid
quarterly MONTHLY.
Sec. 5923.10. (A) If any enlisted man
MEMBER in the Ohio national guard, Ohio naval ORGANIZED
militia, or the Ohio military reserve willfully, maliciously,
purposely, or through carelessness or neglect, permits any of the arms,
equipment, or other property issued to him THE ENLISTED MEMBER
belonging to the
state or the United States, to become
lost, damaged, or destroyed, the commanding officer of his THE
ENLISTED MEMBER'S company, troop,
battery, detachment, or other organization shall charge the value of the
same LOST, DAMAGED, OR DESTROYED ARMS, EQUIPMENT, OR OTHER
PROPERTY against any pay due him THE ENLISTED MEMBER under
such rules applicable thereto as prescribed by the department of
defense or the governor ADJUTANT GENERAL.
All (B) ALL PROPERTY OF THE UNITED
STATES ISSUED TO A UNIT OR MEMBER OF THE OHIO NATIONAL GUARD
SHALL BE ACCOUNTED AND RECOUPED FOR AS PROVIDED BY THE REGULATIONS PRESCRIBED
BY THE ARMY OR THE AIR FORCE AND THE NATIONAL GUARD BUREAU, AS APPROPRIATE AND
AS SUPPLEMENTED BY THE ADJUTANT GENERAL.
(C) NOTWITHSTANDING ANY CONTRARY PROVISIONS OF CHAPTER
2716.
OF THE REVISED CODE, ALL allowances and
pay provided for officers and enlisted men
MEMBERS OF THE OHIO ORGANIZED MILITIA shall be applied
SUBJECT
to the payment of any shortage of or injury to state or United States property
or funds for which such THOSE officers or enlisted men
MEMBERS are responsible or
accountable.
Sec. 5923.21. (A) The OHIO organized militia may be called
by the governor by
proclamation to aid the civil authorities to do any of the following:
(1) Execute the laws of this state;
(2) Suppress insurrection;
(3) Repel invasion;
(4) Act in the event of a disaster, as defined in section 5502.21 of the
Revised Code, within the state;
(5) Promote the health, safety, and welfare of the citizens of this state.
(B) In all cases, the organized militia shall be called to state active
duty before the unorganized militia.
(C) The governor's proclamation UNDER DIVISION (A) OF THIS
SECTION shall specify the statutory basis of the call.
Sec. 5923.28. The (A) EXCEPT AS PROVIDED IN DIVISION
(B) OF THIS SECTION, THE military laws of this state shall
conform to all laws OF and regulations of PROMULGATED BY
the United States affecting the same subject and anything to the contrary
shall be IS void so long as IF the subject matter
has been acted on by the United States ARMY, AIR FORCE, OR NATIONAL
GUARD BUREAU.
(B) All matters relating to the organization, discipline, and
government of the military STATE DEFENSE forces, not otherwise
provided by the laws of this state or the rules and regulations
promulgated thereunder UNDER THOSE LAWS, shall be decided by the
custom,
regulations, and usage of the armed forces of the United States.
Section 2. That existing sections 111.15, 124.11, 141.02, 145.30, 718.01,
1737.301, 1738.261, 1742.341, 3319.13, 3319.14, 3923.381, 3923.382,
4117.01,
4506.02, 5101.312, 5903.01, 5911.011, 5911.03, 5911.04,
5911.08, 5913.01, 5913.02, 5913.021, 5913.03, 5913.04, 5913.05, 5913.051,
5913.06, 5913.07, 5913.08, 5913.09, 5913.10, 5913.17, 5919.01,
5919.02, 5919.04, 5919.071, 5919.09, 5919.12, 5919.13, 5919.14, 5919.15,
5919.16, 5919.17, 5919.22, 5919.25, 5919.28, 5919.29, 5919.30, 5919.32,
5919.33, 5920.10, 5921.09, 5923.01, 5923.02, 5923.03, 5923.05, 5923.09,
5923.10, 5923.21, and
5923.28 and sections 124.28, 124.29, 5903.02, 5903.03, 5903.04, 5903.05,
5903.09, 5903.99, 5913.013, 5913.11, 5917.01, 5917.02, 5917.03, 5917.04,
5917.05, 5917.06, 5917.99, 5919.20, 5923.051, and 5923.35 of the Revised Code
are hereby repealed.
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