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H. B. No. 481 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Rogers, McGregor
Cosponsors:
Representatives Blair, Hackett, Terhar, Young, Antonio, Ashford, Barborak, Barnes, Bishoff, Boyce, Budish, Carney, Celebrezze, Cera, Clyde, Curtin, Driehaus, Fedor, Foley, Gerberry, Hagan, R., Heard, Letson, Lundy, Mallory, Milkovich, O'Brien, Patmon, Patterson, Phillips, Pillich, Ramos, Redfern, Reece, Slesnick, Stinziano, Strahorn, Sykes, Sheehy, Williams, Winburn
A BILL
To amend sections 124.1310, 146.01, 146.12, 2915.01,
3333.26, 4113.41, and 4765.01 and to enact section
742.631 of the Revised Code to make survivors of
part-time, reserve, volunteer, and certain other
police officers killed in the line of duty
eligible for benefits from the Ohio Public Safety
Officers Death Benefit Fund; to increase the
benefit payable from the Volunteer Fire Fighters'
Dependents Fund to survivors of volunteer
firefighters killed in the line of duty; and to
make survivors of certain emergency medical
personnel eligible for benefits from the Volunteer
Fire Fighters' Dependents Fund.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 124.1310, 146.01, 146.12, 2915.01,
3333.26, 4113.41, and 4765.01 be amended and section 742.631 of
the Revised Code be enacted to read as follows:
Sec. 124.1310. (A) As used in this section:
(1) "Emergency medical service," "EMT-basic," "EMT-I," "first
responder," and "paramedic" have the same meanings as in section
4765.01 of the Revised Code.
(2) "Volunteer firefighter" has the same meaning as in
division (B)(1)(a) or (b) of section 146.01 of the Revised Code.
(B) A state employee who is an EMT-basic, EMT-I, first
responder, paramedic, or volunteer firefighter shall receive forty
hours of leave with pay each calendar year to use during those
hours when the employee is absent from work in order to provide
emergency medical service or fire-fighting service. An appointing
authority shall compensate an employee who uses leave granted
under this section at the employee's regular rate of pay for those
regular work hours during which the employee is absent from work.
Sec. 146.01. As used in sections 146.01 to 146.19 of the
Revised Code:
(A) "Fire department" means a volunteer fire department, a
fire department of a political subdivision or fire district of
this state, or a private volunteer company that has elected to
participate in the volunteer fire fighters' dependents fund
pursuant to section 146.02 of the Revised Code.
(B)(1) "Volunteer firefighter" means both any of the
following, subject to division (B)(2) of this section:
(a) A duly appointed member of a fire department on either a
nonpay or part-pay basis who is ineligible to be a member of the
Ohio police and fire pension fund, or whose employment as a
firefighter does not in itself qualify any such person for
membership in the public employees retirement system, or who has
waived membership in the public employees retirement system;
(b) Firefighters drafted, requisitioned, or appointed to
serve in an emergency;
(c) A person to whom both of the following apply:
(i) The person is not described in division (B)(1)(a) or (b)
of this section but is employed by a fire department in a
part-time or volunteer capacity, in a position in which the person
is required to satisfactorily complete or have satisfactorily
completed a firefighter training course approved under former
section 3303.07 or section 4765.55 or conducted under section
3737.33 of the Revised Code;
(ii) The person is not a member of the public employees
retirement system, Ohio police and fire pension fund, or the
Cincinnati retirement system.
(2)(a) A volunteer firefighter who is a member of the public
employees retirement system shall be considered a volunteer
firefighter for purposes of this chapter, and in particular, for
purposes of divisions (A) and (B) to (F) of section 146.12 of the
Revised Code until the firefighter has at least one and one-half
years of Ohio service credit for purposes of division (B) of
section 145.45 of the Revised Code;
(b) A volunteer firefighter who is a member of the public
employees retirement system shall be considered a volunteer
firefighter for purposes of this chapter and, in particular, for
purposes of division (C)(A) of section 146.12 of the Revised Code
until the firefighter has at least five years of total service
credit for purposes of sections 145.35 and 145.36 or section
145.361 of the Revised Code.
(C) "Private volunteer fire company" means a company of
trained volunteer firefighters having a contract to furnish fire
protection or emergency service or both to a political subdivision
or fire district of this state.
(D) "Member of the fund" includes a political subdivision or
fire district of this state that maintains in whole or in part a
volunteer fire department or employs volunteer firefighters, and a
private volunteer fire company that has elected to participate in
the volunteer fire fighters' dependents fund.
(E) "Volunteer fire fighters' dependents fund" means the fund
established by section 146.07 of the Revised Code.
(F) "Totally and permanently disabled" means that a volunteer
firefighter is unable to engage in any substantial gainful
employment for a period of not less than twelve months by reason
of a medically determinable physical impairment that is permanent
or presumed to be permanent.
(G) "Death benefit amount" means an amount equal to forty
hours of work multiplied by the applicable minimum wage rate in
accordance with Section 34a, Article II of the Ohio Constitution
and Chapter 4111. of the Revised Code.
(H) "Killed in the line of duty" means either of the
following:
(a) Death in the line of duty;
(b) Death from injury sustained in the line of duty,
including heart attack or other fatal injury or illness caused
while in the line of duty.
Sec. 146.12. Benefits shall be paid from the volunteer fire
fighters' dependents fund to or on behalf of the following
persons:
(A) To the surviving spouse of a volunteer firefighter killed
while discharging the duties of a volunteer firefighter or who
dies from exposure or injury received while in the discharge of
those duties, a lump sum award of one thousand dollars, and, in
addition, the sum of three hundred dollars per month;
(B) To the parent, guardian, or other persons upon whom a
child of a volunteer firefighter is dependent for chief support,
the sum of one hundred twenty-five dollars per month for each
dependent child under eighteen years of age, or under twenty-three
years of age if the child is attending a post-secondary
educational institution and is completing a program of instruction
each school year that satisfies the equivalent of at least
two-thirds of the full-time curriculum requirements of the
institution.
(C) To a (A) A volunteer firefighter, who is totally and
permanently disabled while discharging the duties of a volunteer
firefighter, the sum shall receive a benefit of three hundred
dollars per month from the volunteer fire fighters' dependents
fund. No payment shall be made to a volunteer firefighter under
who is receiving the firefighter's full salary during the time of
the volunteer firefighter's disability.
(B) Regardless of whether the volunteer firefighter received
a benefit under division (A) of this section, death benefits shall
be paid from the volunteer fire fighters' dependents fund to the
surviving spouse, dependent children, or dependent parents, as
applicable, of a volunteer firefighter who is killed in the line
of duty.
(C) A surviving spouse of a volunteer firefighter who is
killed in the line of duty shall receive an amount each month
equal to the full death benefit amount, provided there are no
surviving children eligible for a benefit under this section. A
benefit paid under this division shall terminate on the death of
the surviving spouse.
(D)(1) If a volunteer firefighter who is killed in the line
of duty is survived only by a child or children, the surviving
child or children shall receive an amount each month equal to the
full death benefit amount. If there is more than one surviving
child, the benefit shall be divided equally among the children.
(2) If a benefit paid under this division is divided among
two or more surviving children and any of the children become
ineligible to receive a benefit as provided in division (G) of
this section, the full death benefit amount shall be paid to the
remaining eligible child or divided equally among the eligible
children so that the benefit paid to the remaining eligible child
or children equals the full death benefit amount.
(E) If a volunteer firefighter is killed in the line of duty
and is survived by both a spouse and a child or children, the
death benefit shall be paid as follows:
(1)(a) If there is a surviving spouse and one surviving
child, the spouse shall receive an amount each month equal to
one-half of the full death benefit amount and the child shall
receive an amount each month equal to one-half of the full death
benefit amount.
(b) If a surviving spouse dies or a surviving child becomes
ineligible to receive a benefit as provided in division (G) of
this section, the spouse or child remaining eligible shall receive
the full death benefit amount.
(2)(a) If there is a surviving spouse and more than one
surviving child, the spouse shall receive an amount each month
equal to one-third of the full death benefit amount and the
children shall receive an amount each month, equally divided among
them, equal to two-thirds of the full death benefit amount.
(b) If a surviving spouse and more than one surviving child
each are receiving a benefit under division (E)(2)(a) of this
section and the spouse dies, the children shall receive an amount
each month, equally divided among them, equal to the full death
benefit amount.
(c) If a surviving spouse and more than one surviving child
each are receiving a benefit under division (E)(2)(a) of this
section and any of the children become ineligible to receive a
benefit as provided in division (G) of this section, the spouse
and remaining eligible child or children shall receive a benefit
as follows:
(i) If there are two or more remaining eligible children, the
spouse shall receive an amount each month equal to one-third of
the full death benefit amount and the children shall receive an
amount each month, equally divided among them, equal to two-thirds
of the full death benefit amount.
(ii) If there is one remaining eligible child, the spouse
shall receive an amount each month equal to one-half of the full
death benefit amount, and the child shall receive an amount each
month equal to one-half of the full death benefit amount.
(d) If a surviving spouse and more than one surviving child
each are receiving a benefit under division (E)(2)(a) of this
section and all of the children become ineligible to receive a
benefit as provided in division (G) of this section, the spouse
shall receive the full death benefit amount.
(F) If a volunteer firefighter is killed in the line of duty
and is survived by only a parent or parents dependent on the
member for support, the surviving parent or parents shall receive
an amount each month equal to the full death benefit amount. If
there was more than one surviving parent dependent on the deceased
firefighter for support, the benefit shall be divided equally
among the parents. On the death of one of the parents, the full
death benefit amount shall be paid to the other parent.
(G) A death benefit paid to a surviving child under division
(D) or (E) of this section shall terminate on the death of the
child or, unless one of the following is the case, when the child
reaches age eighteen:
(1) The child, because of physical or mental disability, is
unable to provide the child's own support, in which case the
benefit shall terminate when the disability is removed;
(2) The child is unmarried, under age twenty-two, and is
attending an institution of learning or training pursuant to a
program designed to complete in each school year the equivalent of
at least two-thirds of the full-time curriculum requirements of
the institution, as determined by the volunteer fire fighters'
dependents fund.
Sec. 742.631. (A)(1) Notwithstanding division (A)(11) of
section 742.63 of the Revised Code, "death benefit amount" means
an amount equal to forty hours of work multiplied by the
applicable minimum wage rate in accordance with Section 34a,
Article II of the Ohio Constitution and Chapter 4111. of the
Revised Code.
(2) Notwithstanding division (A)(1) of section 742.63 of the
Revised Code, "member" includes any person to whom both of the
following apply:
(a) The person is employed as a peace officer by a county
sheriff's office or a police department of a municipal
corporation, township, village, township police district, or joint
police district in any of the following capacities:
(b) The person is not a member of the public employees
retirement system, Ohio police and fire pension fund, state
highway patrol retirement system, or the Cincinnati retirement
system.
(B) Death benefits shall be paid under this section from the
Ohio public safety officers death benefit fund to the surviving
spouse, dependent children, or dependent parents, as applicable,
of a member described in division (A)(2) of this section who is
killed in the line of duty.
(C) A surviving spouse of a member described in division
(A)(2) of this section who is killed in the line of duty shall
receive an amount each month equal to the full death benefit
amount, provided there are no surviving children eligible for a
benefit under this section. A benefit paid under this division
shall terminate on the death of the surviving spouse.
(D)(1) If a member described in division (A)(2) of this
section who is killed in the line of duty is survived only by a
child or children, the surviving child or children shall receive
an amount each month equal to the full death benefit amount. If
there is more than one surviving child, the benefit shall be
divided equally among the children.
(2) If a benefit paid under this division is divided among
two or more surviving children and any of the children become
ineligible to receive a benefit as provided in division (G) of
this section, the full death benefit amount shall be paid to the
remaining eligible child or divided equally among the eligible
children so that the benefit paid to the remaining eligible child
or children equals the full death benefit amount.
(E) If a member described in division (A)(2) of this section
is killed in the line of duty and is survived by both a spouse and
a child or children, the death benefit shall be paid as follows:
(1)(a) If there is a surviving spouse and one surviving
child, the spouse shall receive an amount each month equal to
one-half of the full death benefit amount and the child shall
receive an amount each month equal to one-half of the full death
benefit amount.
(b) If a surviving spouse dies or a surviving child becomes
ineligible to receive a benefit as provided in division (G) of
this section, the spouse or child remaining eligible shall receive
the full death benefit amount.
(2)(a) If there is a surviving spouse and more than one
surviving child, the spouse shall receive an amount each month
equal to one-third of the full death benefit amount and the
children shall receive an amount each month, equally divided among
them, equal to two-thirds of the full death benefit amount.
(b) If a surviving spouse and more than one surviving child
each are receiving a benefit under division (E)(2)(a) of this
section and the spouse dies, the children shall receive an amount
each month, equally divided among them, equal to the full death
benefit amount.
(c) If a surviving spouse and more than one surviving child
each are receiving a benefit under division (E)(2)(a) of this
section and any of the children become ineligible to receive a
benefit as provided in division (G) of this section, the spouse
and remaining eligible child or children shall receive a benefit
as follows:
(i) If there are two or more remaining eligible children, the
spouse shall receive an amount each month equal to one-third of
the full death benefit amount and the children shall receive an
amount each month, equally divided among them, equal to two-thirds
of the full death benefit amount.
(ii) If there is one remaining eligible child, the spouse
shall receive an amount each month equal to one-half of the full
death benefit amount, and the child shall receive an amount each
month equal to one-half of the full death benefit amount.
(d) If a surviving spouse and more than one surviving child
each are receiving a benefit under division (E)(2)(a) of this
section and all of the children become ineligible to receive a
benefit as provided in division (G) of this section, the spouse
shall receive the full death benefit amount.
(F) If a member described in division (A)(2) of this section
is killed in the line of duty and is survived by only a parent or
parents dependent on the member for support, the surviving parent
or parents shall receive an amount each month equal to the full
death benefit amount. If there was more than one surviving parent
dependent on the deceased member for support, the benefit shall be
divided equally among the parents. On the death of one of the
parents, the full death benefit amount shall be paid to the other
parent.
(G) A death benefit paid to a surviving child under division
(D) or (E) of this section shall terminate on the death of the
child or, unless one of the following is the case, when the child
reaches age eighteen:
(1) The child, because of physical or mental disability, is
unable to provide the child's own support, in which case the
benefit shall terminate when the disability is removed;
(2) The child is unmarried, under age twenty-two, and is
attending an institution of learning or training pursuant to a
program designed to complete in each school year the equivalent of
at least two-thirds of the full-time curriculum requirements of
the institution, as determined by the Ohio police and fire pension
fund board of trustees.
Sec. 2915.01. As used in this chapter:
(A) "Bookmaking" means the business of receiving or paying
off bets.
(B) "Bet" means the hazarding of anything of value upon the
result of an event, undertaking, or contingency, but does not
include a bona fide business risk.
(C) "Scheme of chance" means a slot machine unless authorized
under Chapter 3772. of the Revised Code, lottery unless authorized
under Chapter 3770. of the Revised Code, numbers game, pool
conducted for profit, or other scheme in which a participant gives
a valuable consideration for a chance to win a prize, but does not
include bingo, a skill-based amusement machine, or a pool not
conducted for profit. "Scheme of chance" includes the use of an
electronic device to reveal the results of a game entry if
valuable consideration is paid, directly or indirectly, for a
chance to win a prize. Valuable consideration is deemed to be paid
for a chance to win a prize in the following instances:
(1) Less than fifty per cent of the goods or services sold by
a scheme of chance operator in exchange for game entries are used
or redeemed by participants at any one location;
(2) Less than fifty per cent of participants who purchase
goods or services at any one location do not accept, use, or
redeem the goods or services sold or purportedly sold;
(3) More than fifty per cent of prizes at any one location
are revealed to participants through an electronic device
simulating a game of chance or a "casino game" as defined in
section 3772.01 of the Revised Code;
(4) The good or service sold by a scheme of chance operator
in exchange for a game entry cannot be used or redeemed in the
manner advertised;
(5) A participant pays more than fair market value for goods
or services offered by a scheme of chance operator in order to
receive one or more game entries;
(6) A participant may use the electronic device to purchase
additional game entries;
(7) A participant may purchase additional game entries by
using points or credits won as prizes while using the electronic
device;
(8) A scheme of chance operator pays out in prize money more
than twenty per cent of the gross revenue received at one
location; or
(9) A participant makes a purchase or exchange in order to
obtain any good or service that may be used to facilitate play on
the electronic device.
As used in this division, "electronic device" means a
mechanical, video, digital, or electronic machine or device that
is capable of displaying information on a screen or other
mechanism and that is owned, leased, or otherwise possessed by any
person conducting a scheme of chance, or by that person's
partners, affiliates, subsidiaries, or contractors.
(D) "Game of chance" means poker, craps, roulette, or other
game in which a player gives anything of value in the hope of
gain, the outcome of which is determined largely by chance, but
does not include bingo.
(E) "Game of chance conducted for profit" means any game of
chance designed to produce income for the person who conducts or
operates the game of chance, but does not include bingo.
(F) "Gambling device" means any of the following:
(1) A book, totalizer, or other equipment for recording bets;
(2) A ticket, token, or other device representing a chance,
share, or interest in a scheme of chance or evidencing a bet;
(3) A deck of cards, dice, gaming table, roulette wheel, slot
machine, or other apparatus designed for use in connection with a
game of chance;
(4) Any equipment, device, apparatus, or paraphernalia
specially designed for gambling purposes;
(5) Bingo supplies sold or otherwise provided, or used, in
violation of this chapter.
(G) "Gambling offense" means any of the following:
(1) A violation of section 2915.02, 2915.03, 2915.04,
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;
(2) A violation of an existing or former municipal ordinance
or law of this or any other state or the United States
substantially equivalent to any section listed in division (G)(1)
of this section or a violation of section 2915.06 of the Revised
Code as it existed prior to July 1, 1996;
(3) An offense under an existing or former municipal
ordinance or law of this or any other state or the United States,
of which gambling is an element;
(4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (G)(1), (2), or (3) of this
section.
(H) Except as otherwise provided in this chapter, "charitable
organization" means either of the following:
(1) An organization that is, and has received from the
internal revenue service a determination letter that currently is
in effect stating that the organization is, exempt from federal
income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code;
(2) A volunteer rescue service organization, volunteer
firefighter's organization, veteran's organization, fraternal
organization, or sporting organization that is exempt from federal
income taxation under subsection 501(c)(4), (c)(7), (c)(8),
(c)(10), or (c)(19) of the Internal Revenue Code.
To qualify as a "charitable organization," an organization
shall have been in continuous existence as such in this state for
a period of two years immediately preceding either the making of
an application for a bingo license under section 2915.08 of the
Revised Code or the conducting of any game of chance as provided
in division (D) of section 2915.02 of the Revised Code.
(I) "Religious organization" means any church, body of
communicants, or group that is not organized or operated for
profit and that gathers in common membership for regular worship
and religious observances.
(J) "Veteran's organization" means any individual post or
state headquarters of a national veteran's association or an
auxiliary unit of any individual post of a national veteran's
association, which post, state headquarters, or auxiliary unit is
incorporated as a nonprofit corporation and either has received a
letter from the state headquarters of the national veteran's
association indicating that the individual post or auxiliary unit
is in good standing with the national veteran's association or has
received a letter from the national veteran's association
indicating that the state headquarters is in good standing with
the national veteran's association. As used in this division,
"national veteran's association" means any veteran's association
that has been in continuous existence as such for a period of at
least five years and either is incorporated by an act of the
United States congress or has a national dues-paying membership of
at least five thousand persons.
(K) "Volunteer firefighter's organization" means any
organization of volunteer firefighters, as defined in division
(B)(1)(a) or (b) of section 146.01 of the Revised Code, that is
organized and operated exclusively to provide financial support
for a volunteer fire department or a volunteer fire company and
that is recognized or ratified by a county, municipal corporation,
or township.
(L) "Fraternal organization" means any society, order, state
headquarters, or association within this state, except a college
or high school fraternity, that is not organized for profit, that
is a branch, lodge, or chapter of a national or state
organization, that exists exclusively for the common business or
sodality of its members.
(M) "Volunteer rescue service organization" means any
organization of volunteers organized to function as an emergency
medical service organization, as defined in section 4765.01 of the
Revised Code.
(N) "Charitable bingo game" means any bingo game described in
division (O)(1) or (2) of this section that is conducted by a
charitable organization that has obtained a license pursuant to
section 2915.08 of the Revised Code and the proceeds of which are
used for a charitable purpose.
(O) "Bingo" means either of the following:
(1) A game with all of the following characteristics:
(a) The participants use bingo cards or sheets, including
paper formats and electronic representation or image formats, that
are divided into twenty-five spaces arranged in five horizontal
and five vertical rows of spaces, with each space, except the
central space, being designated by a combination of a letter and a
number and with the central space being designated as a free
space.
(b) The participants cover the spaces on the bingo cards or
sheets that correspond to combinations of letters and numbers that
are announced by a bingo game operator.
(c) A bingo game operator announces combinations of letters
and numbers that appear on objects that a bingo game operator
selects by chance, either manually or mechanically, from a
receptacle that contains seventy-five objects at the beginning of
each game, each object marked by a different combination of a
letter and a number that corresponds to one of the seventy-five
possible combinations of a letter and a number that can appear on
the bingo cards or sheets.
(d) The winner of the bingo game includes any participant who
properly announces during the interval between the announcements
of letters and numbers as described in division (O)(1)(c) of this
section, that a predetermined and preannounced pattern of spaces
has been covered on a bingo card or sheet being used by the
participant.
(2) Instant bingo, punch boards, and raffles.
(P) "Conduct" means to back, promote, organize, manage, carry
on, sponsor, or prepare for the operation of bingo or a game of
chance, a scheme of chance, or a sweepstakes.
(Q) "Bingo game operator" means any person, except security
personnel, who performs work or labor at the site of bingo,
including, but not limited to, collecting money from participants,
handing out bingo cards or sheets or objects to cover spaces on
bingo cards or sheets, selecting from a receptacle the objects
that contain the combination of letters and numbers that appear on
bingo cards or sheets, calling out the combinations of letters and
numbers, distributing prizes, selling or redeeming instant bingo
tickets or cards, supervising the operation of a punch board,
selling raffle tickets, selecting raffle tickets from a receptacle
and announcing the winning numbers in a raffle, and preparing,
selling, and serving food or beverages.
(R) "Participant" means any person who plays bingo.
(S) "Bingo session" means a period that includes both of the
following:
(1) Not to exceed five continuous hours for the conduct of
one or more games described in division (O)(1) of this section,
instant bingo, and seal cards;
(2) A period for the conduct of instant bingo and seal cards
for not more than two hours before and not more than two hours
after the period described in division (S)(1) of this section.
(T) "Gross receipts" means all money or assets, including
admission fees, that a person receives from bingo without the
deduction of any amounts for prizes paid out or for the expenses
of conducting bingo. "Gross receipts" does not include any money
directly taken in from the sale of food or beverages by a
charitable organization conducting bingo, or by a bona fide
auxiliary unit or society of a charitable organization conducting
bingo, provided all of the following apply:
(1) The auxiliary unit or society has been in existence as a
bona fide auxiliary unit or society of the charitable organization
for at least two years prior to conducting bingo.
(2) The person who purchases the food or beverage receives
nothing of value except the food or beverage and items customarily
received with the purchase of that food or beverage.
(3) The food and beverages are sold at customary and
reasonable prices.
(U) "Security personnel" includes any person who either is a
sheriff, deputy sheriff, marshal, deputy marshal, township
constable, or member of an organized police department of a
municipal corporation or has successfully completed a peace
officer's training course pursuant to sections 109.71 to 109.79 of
the Revised Code and who is hired to provide security for the
premises on which bingo is conducted.
(V) "Charitable purpose" means that the net profit of bingo,
other than instant bingo, is used by, or is given, donated, or
otherwise transferred to, any of the following:
(1) Any organization that is described in subsection
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code
and is either a governmental unit or an organization that is tax
exempt under subsection 501(a) and described in subsection
501(c)(3) of the Internal Revenue Code;
(2) A veteran's organization that is a post, chapter, or
organization of veterans, or an auxiliary unit or society of, or a
trust or foundation for, any such post, chapter, or organization
organized in the United States or any of its possessions, at least
seventy-five per cent of the members of which are veterans and
substantially all of the other members of which are individuals
who are spouses, widows, or widowers of veterans, or such
individuals, provided that no part of the net earnings of such
post, chapter, or organization inures to the benefit of any
private shareholder or individual, and further provided that the
net profit is used by the post, chapter, or organization for the
charitable purposes set forth in division (B)(12) of section
5739.02 of the Revised Code, is used for awarding scholarships to
or for attendance at an institution mentioned in division (B)(12)
of section 5739.02 of the Revised Code, is donated to a
governmental agency, or is used for nonprofit youth activities,
the purchase of United States or Ohio flags that are donated to
schools, youth groups, or other bona fide nonprofit organizations,
promotion of patriotism, or disaster relief;
(3) A fraternal organization that has been in continuous
existence in this state for fifteen years and that uses the net
profit exclusively for religious, charitable, scientific,
literary, or educational purposes, or for the prevention of
cruelty to children or animals, if contributions for such use
would qualify as a deductible charitable contribution under
subsection 170 of the Internal Revenue Code;
(4) A volunteer firefighter's organization that uses the net
profit for the purposes set forth in division (K) of this section.
(W) "Internal Revenue Code" means the "Internal Revenue Code
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter
amended.
(X) "Youth athletic organization" means any organization, not
organized for profit, that is organized and operated exclusively
to provide financial support to, or to operate, athletic
activities for persons who are twenty-one years of age or younger
by means of sponsoring, organizing, operating, or contributing to
the support of an athletic team, club, league, or association.
(Y) "Youth athletic park organization" means any
organization, not organized for profit, that satisfies both of the
following:
(1) It owns, operates, and maintains playing fields that
satisfy both of the following:
(a) The playing fields are used at least one hundred days per
year for athletic activities by one or more organizations, not
organized for profit, each of which is organized and operated
exclusively to provide financial support to, or to operate,
athletic activities for persons who are eighteen years of age or
younger by means of sponsoring, organizing, operating, or
contributing to the support of an athletic team, club, league, or
association.
(b) The playing fields are not used for any profit-making
activity at any time during the year.
(2) It uses the proceeds of bingo it conducts exclusively for
the operation, maintenance, and improvement of its playing fields
of the type described in division (Y)(1) of this section.
(Z) "Bingo supplies" means bingo cards or sheets; instant
bingo tickets or cards; electronic bingo aids; raffle tickets;
punch boards; seal cards; instant bingo ticket dispensers; and
devices for selecting or displaying the combination of bingo
letters and numbers or raffle tickets. Items that are "bingo
supplies" are not gambling devices if sold or otherwise provided,
and used, in accordance with this chapter. For purposes of this
chapter, "bingo supplies" are not to be considered equipment used
to conduct a bingo game.
(AA) "Instant bingo" means a form of bingo that shall use
folded or banded tickets or paper cards with perforated break-open
tabs, a face of which is covered or otherwise hidden from view to
conceal a number, letter, or symbol, or set of numbers, letters,
or symbols, some of which have been designated in advance as prize
winners, and may also include games in which some winners are
determined by the random selection of one or more bingo numbers by
the use of a seal card or bingo blower. In all "instant bingo" the
prize amount and structure shall be predetermined. "Instant bingo"
does not include any device that is activated by the insertion of
a coin, currency, token, or an equivalent, and that contains as
one of its components a video display monitor that is capable of
displaying numbers, letters, symbols, or characters in winning or
losing combinations.
(BB) "Seal card" means a form of instant bingo that uses
instant bingo tickets in conjunction with a board or placard that
contains one or more seals that, when removed or opened, reveal
predesignated winning numbers, letters, or symbols.
(CC) "Raffle" means a form of bingo in which the one or more
prizes are won by one or more persons who have purchased a raffle
ticket. The one or more winners of the raffle are determined by
drawing a ticket stub or other detachable section from a
receptacle containing ticket stubs or detachable sections
corresponding to all tickets sold for the raffle. "Raffle" does
not include the drawing of a ticket stub or other detachable
section of a ticket purchased to attend a professional sporting
event if both of the following apply:
(1) The ticket stub or other detachable section is used to
select the winner of a free prize given away at the professional
sporting event; and
(2) The cost of the ticket is the same as the cost of a
ticket to the professional sporting event on days when no free
prize is given away.
(DD) "Punch board" means a board containing a number of holes
or receptacles of uniform size in which are placed, mechanically
and randomly, serially numbered slips of paper that may be punched
or drawn from the hole or receptacle when used in conjunction with
instant bingo. A player may punch or draw the numbered slips of
paper from the holes or receptacles and obtain the prize
established for the game if the number drawn corresponds to a
winning number or, if the punch board includes the use of a seal
card, a potential winning number.
(EE) "Gross profit" means gross receipts minus the amount
actually expended for the payment of prize awards.
(FF) "Net profit" means gross profit minus expenses.
(GG) "Expenses" means the reasonable amount of gross profit
actually expended for all of the following:
(1) The purchase or lease of bingo supplies;
(2) The annual license fee required under section 2915.08 of
the Revised Code;
(3) Bank fees and service charges for a bingo session or game
account described in section 2915.10 of the Revised Code;
(4) Audits and accounting services;
(7) Hiring security personnel;
(9) Renting premises in which to conduct a bingo session;
(11) Expenses for maintaining and operating a charitable
organization's facilities, including, but not limited to, a post
home, club house, lounge, tavern, or canteen and any grounds
attached to the post home, club house, lounge, tavern, or canteen;
(12) Payment of real property taxes and assessments that are
levied on a premises on which bingo is conducted;
(13) Any other product or service directly related to the
conduct of bingo that is authorized in rules adopted by the
attorney general under division (B)(1) of section 2915.08 of the
Revised Code.
(HH) "Person" has the same meaning as in section 1.59 of the
Revised Code and includes any firm or any other legal entity,
however organized.
(II) "Revoke" means to void permanently all rights and
privileges of the holder of a license issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable
gaming license issued by another jurisdiction.
(JJ) "Suspend" means to interrupt temporarily all rights and
privileges of the holder of a license issued under section
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable
gaming license issued by another jurisdiction.
(KK) "Distributor" means any person who purchases or obtains
bingo supplies and who does either of the following:
(1) Sells, offers for sale, or otherwise provides or offers
to provide the bingo supplies to another person for use in this
state;
(2) Modifies, converts, adds to, or removes parts from the
bingo supplies to further their promotion or sale for use in this
state.
(LL) "Manufacturer" means any person who assembles completed
bingo supplies from raw materials, other items, or subparts or who
modifies, converts, adds to, or removes parts from bingo supplies
to further their promotion or sale.
(MM) "Gross annual revenues" means the annual gross receipts
derived from the conduct of bingo described in division (O)(1) of
this section plus the annual net profit derived from the conduct
of bingo described in division (O)(2) of this section.
(NN) "Instant bingo ticket dispenser" means a mechanical
device that dispenses an instant bingo ticket or card as the sole
item of value dispensed and that has the following
characteristics:
(1) It is activated upon the insertion of United States
currency.
(2) It performs no gaming functions.
(3) It does not contain a video display monitor or generate
noise.
(4) It is not capable of displaying any numbers, letters,
symbols, or characters in winning or losing combinations.
(5) It does not simulate or display rolling or spinning
reels.
(6) It is incapable of determining whether a dispensed bingo
ticket or card is a winning or nonwinning ticket or card and
requires a winning ticket or card to be paid by a bingo game
operator.
(7) It may provide accounting and security features to aid in
accounting for the instant bingo tickets or cards it dispenses.
(8) It is not part of an electronic network and is not
interactive.
(OO)(1) "Electronic bingo aid" means an electronic device
used by a participant to monitor bingo cards or sheets purchased
at the time and place of a bingo session and that does all of the
following:
(a) It provides a means for a participant to input numbers
and letters announced by a bingo caller.
(b) It compares the numbers and letters entered by the
participant to the bingo faces previously stored in the memory of
the device.
(c) It identifies a winning bingo pattern.
(2) "Electronic bingo aid" does not include any device into
which a coin, currency, token, or an equivalent is inserted to
activate play.
(PP) "Deal of instant bingo tickets" means a single game of
instant bingo tickets all with the same serial number.
(QQ)(1) "Slot machine" means either of the following:
(a) Any mechanical, electronic, video, or digital device that
is capable of accepting anything of value, directly or indirectly,
from or on behalf of a player who gives the thing of value in the
hope of gain;
(b) Any mechanical, electronic, video, or digital device that
is capable of accepting anything of value, directly or indirectly,
from or on behalf of a player to conduct bingo or a scheme or game
of chance.
(2) "Slot machine" does not include a skill-based amusement
machine or an instant bingo ticket dispenser.
(RR) "Net profit from the proceeds of the sale of instant
bingo" means gross profit minus the ordinary, necessary, and
reasonable expense expended for the purchase of instant bingo
supplies, and, in the case of instant bingo conducted by a
veteran's, fraternal, or sporting organization, minus the payment
by that organization of real property taxes and assessments levied
on a premises on which instant bingo is conducted.
(SS) "Charitable instant bingo organization" means an
organization that is exempt from federal income taxation under
subsection 501(a) and described in subsection 501(c)(3) of the
Internal Revenue Code and is a charitable organization as defined
in this section. A "charitable instant bingo organization" does
not include a charitable organization that is exempt from federal
income taxation under subsection 501(a) and described in
subsection 501(c)(3) of the Internal Revenue Code and that is
created by a veteran's organization, a fraternal organization, or
a sporting organization in regards to bingo conducted or assisted
by a veteran's organization, a fraternal organization, or a
sporting organization pursuant to section 2915.13 of the Revised
Code.
(TT) "Game flare" means the board or placard that accompanies
each deal of instant bingo tickets and that has printed on or
affixed to it the following information for the game:
(1) The name of the game;
(2) The manufacturer's name or distinctive logo;
(5) The prize structure, including the number of winning
instant bingo tickets by denomination and the respective winning
symbol or number combinations for the winning instant bingo
tickets;
(7) The serial number of the game.
(UU)(1) "Skill-based amusement machine" means a mechanical,
video, digital, or electronic device that rewards the player or
players, if at all, only with merchandise prizes or with
redeemable vouchers redeemable only for merchandise prizes,
provided that with respect to rewards for playing the game all of
the following apply:
(a) The wholesale value of a merchandise prize awarded as a
result of the single play of a machine does not exceed ten
dollars;
(b) Redeemable vouchers awarded for any single play of a
machine are not redeemable for a merchandise prize with a
wholesale value of more than ten dollars;
(c) Redeemable vouchers are not redeemable for a merchandise
prize that has a wholesale value of more than ten dollars times
the fewest number of single plays necessary to accrue the
redeemable vouchers required to obtain that prize; and
(d) Any redeemable vouchers or merchandise prizes are
distributed at the site of the skill-based amusement machine at
the time of play.
A card for the purchase of gasoline is a redeemable voucher
for purposes of division (UU)(1) of this section even if the
skill-based amusement machine for the play of which the card is
awarded is located at a place where gasoline may not be legally
distributed to the public or the card is not redeemable at the
location of, or at the time of playing, the skill-based amusement
machine.
(2) A device shall not be considered a skill-based amusement
machine and shall be considered a slot machine if it pays cash or
one or more of the following apply:
(a) The ability of a player to succeed at the game is
impacted by the number or ratio of prior wins to prior losses of
players playing the game.
(b) Any reward of redeemable vouchers is not based solely on
the player achieving the object of the game or the player's score;
(c) The outcome of the game, or the value of the redeemable
voucher or merchandise prize awarded for winning the game, can be
controlled by a source other than any player playing the game.
(d) The success of any player is or may be determined by a
chance event that cannot be altered by player actions.
(e) The ability of any player to succeed at the game is
determined by game features not visible or known to the player.
(f) The ability of the player to succeed at the game is
impacted by the exercise of a skill that no reasonable player
could exercise.
(3) All of the following apply to any machine that is
operated as described in division (UU)(1) of this section:
(a) As used in division (UU) of this section, "game" and
"play" mean one event from the initial activation of the machine
until the results of play are determined without payment of
additional consideration. An individual utilizing a machine that
involves a single game, play, contest, competition, or tournament
may be awarded redeemable vouchers or merchandise prizes based on
the results of play.
(b) Advance play for a single game, play, contest,
competition, or tournament participation may be purchased. The
cost of the contest, competition, or tournament participation may
be greater than a single noncontest, competition, or tournament
play.
(c) To the extent that the machine is used in a contest,
competition, or tournament, that contest, competition, or
tournament has a defined starting and ending date and is open to
participants in competition for scoring and ranking results toward
the awarding of redeemable vouchers or merchandise prizes that are
stated prior to the start of the contest, competition, or
tournament.
(4) For purposes of division (UU)(1) of this section, the
mere presence of a device, such as a pin-setting, ball-releasing,
or scoring mechanism, that does not contribute to or affect the
outcome of the play of the game does not make the device a
skill-based amusement machine.
(VV) "Merchandise prize" means any item of value, but shall
not include any of the following:
(1) Cash, gift cards, or any equivalent thereof;
(2) Plays on games of chance, state lottery tickets, bingo,
or instant bingo;
(3) Firearms, tobacco, or alcoholic beverages; or
(4) A redeemable voucher that is redeemable for any of the
items listed in division (VV)(1), (2), or (3) of this section.
(WW) "Redeemable voucher" means any ticket, token, coupon,
receipt, or other noncash representation of value.
(XX) "Pool not conducted for profit" means a scheme in which
a participant gives a valuable consideration for a chance to win a
prize and the total amount of consideration wagered is distributed
to a participant or participants.
(YY) "Sporting organization" means a hunting, fishing, or
trapping organization, other than a college or high school
fraternity or sorority, that is not organized for profit, that is
affiliated with a state or national sporting organization,
including but not limited to, the league of Ohio sportsmen, and
that has been in continuous existence in this state for a period
of three years.
(ZZ) "Community action agency" has the same meaning as in
section 122.66 of the Revised Code.
(AAA)(1) "Sweepstakes terminal device" means a mechanical,
video, digital, or electronic machine or device that is owned,
leased, or otherwise possessed by any person conducting a
sweepstakes, or by that person's partners, affiliates,
subsidiaries, or contractors, that is intended to be used by a
sweepstakes participant, and that is capable of displaying
information on a screen or other mechanism. A device is a
sweepstakes terminal device if any of the following apply:
(a) The device uses a simulated game terminal as a
representation of the prizes associated with the results of the
sweepstakes entries.
(b) The device utilizes software such that the simulated game
influences or determines the winning of or value of the prize.
(c) The device selects prizes from a predetermined finite
pool of entries.
(d) The device utilizes a mechanism that reveals the content
of a predetermined sweepstakes entry.
(e) The device predetermines the prize results and stores
those results for delivery at the time the sweepstakes entry
results are revealed.
(f) The device utilizes software to create a game result.
(g) The device reveals the prize incrementally, even though
the device does not influence the awarding of the prize or the
value of any prize awarded.
(h) The device determines and associates the prize with an
entry or entries at the time the sweepstakes is entered.
(2) As used in this division and in section 2915.02 of the
Revised Code:
(a) "Enter" means the act by which a person becomes eligible
to receive any prize offered in a sweepstakes.
(b) "Entry" means one event from the initial activation of
the sweepstakes terminal device until all the sweepstakes prize
results from that activation are revealed.
(c) "Prize" means any gift, award, gratuity, good, service,
credit, reward, or any other thing of value that may be
transferred to a person, whether possession of the prize is
actually transferred, or placed on an account or other record as
evidence of the intent to transfer the prize.
(d) "Sweepstakes terminal device facility" means any location
in this state where a sweepstakes terminal device is provided to a
sweepstakes participant, except as provided in division (G) of
section 2915.02 of the Revised Code.
(BBB) "Sweepstakes" means any game, contest, advertising
scheme or plan, or other promotion where consideration is not
required for a person to enter to win or become eligible to
receive any prize, the determination of which is based upon
chance. "Sweepstakes" does not include bingo as authorized under
this chapter, pari-mutuel wagering as authorized by Chapter 3769.
of the Revised Code, lotteries conducted by the state lottery
commission as authorized by Chapter 3770. of the Revised Code, and
casino gaming as authorized by Chapter 3772. of the Revised Code.
Sec. 3333.26. (A) Any citizen of this state who has resided
within the state for one year, who was in the active service of
the United States as a soldier, sailor, nurse, or marine between
April 6, 1917, and November 11, 1918, and who has been honorably
discharged from that service, shall be admitted to any school,
college, or university that receives state funds in support
thereof, without being required to pay any tuition or
matriculation fee, but is not relieved from the payment of
laboratory or similar fees.
(B)(1) As used in this division:
(a) "Volunteer firefighter" has the meaning as in division
(B)(1)(a) or (b) of section 146.01 of the Revised Code.
(b) "Public service officer" means an Ohio firefighter,
volunteer firefighter, police officer, member of the state highway
patrol, employee designated to exercise the powers of police
officers pursuant to section 1545.13 of the Revised Code, or other
peace officer as defined by division (B) of section 2935.01 of the
Revised Code, or a person holding any equivalent position in
another state.
(c) "Qualified former spouse" means the former spouse of a
public service officer, or of a member of the armed services of
the United States, who is the custodial parent of a minor child of
that marriage pursuant to an order allocating the parental rights
and responsibilities for care of the child issued pursuant to
section 3109.04 of the Revised Code.
(d) "Operation enduring freedom" means that period of
conflict which began October 7, 2001, and ends on a date declared
by the president of the United States or the congress.
(e) "Operation Iraqi freedom" means that period of conflict
which began March 20, 2003, and ends on a date declared by the
president of the United States or the congress.
(f) "Combat zone" means an area that the president of the
United States by executive order designates, for purposes of 26
U.S.C. 112, as an area in which armed forces of the United States
are or have engaged in combat.
(2) Any resident of this state who is under twenty-six years
of age, or under thirty years of age if the resident has been
honorably discharged from the armed services of the United States,
who is the child of a public service officer killed in the line of
duty or of a member of the armed services of the United States
killed in the line of duty during operation enduring freedom or
operation Iraqi freedom, and who is admitted to any state
university or college as defined in division (A)(1) of section
3345.12 of the Revised Code, community college, state community
college, university branch, or technical college shall not be
required to pay any tuition or any student fee for up to four
academic years of education, which shall be at the undergraduate
level.
A child of a member of the armed services of the United
States killed in the line of duty during operation enduring
freedom or operation Iraqi freedom is eligible for a waiver of
tuition and student fees under this division only if the student
is not eligible for a war orphans scholarship authorized by
Chapter 5910. of the Revised Code. In any year in which the war
orphans scholarship board reduces the percentage of tuition
covered by a war orphans scholarship below one hundred per cent
pursuant to division (A) of section 5910.04 of the Revised Code,
the waiver of tuition and student fees under this division for a
child of a member of the armed services of the United States
killed in the line of duty during operation enduring freedom or
operation Iraqi freedom shall be reduced by the same percentage.
(3) Any resident of this state who is the spouse or qualified
former spouse of a public service officer killed in the line of
duty, and who is admitted to any state university or college as
defined in division (A)(1) of section 3345.12 of the Revised Code,
community college, state community college, university branch, or
technical college, shall not be required to pay any tuition or any
student fee for up to four academic years of education, which
shall be at the undergraduate level.
(4) Any resident of this state who is the spouse or qualified
former spouse of a member of the armed services of the United
States killed in the line of duty while serving in a combat zone
after May 7, 1975, and who is admitted to any state university or
college as defined in division (A)(1) of section 3345.12 of the
Revised Code, community college, state community college,
university branch, or technical college, shall not be required to
pay any tuition or any student fee for up to four years of
academic education, which shall be at the undergraduate level. In
order to qualify under division (B)(4) of this section, the spouse
or qualified former spouse shall have been a resident of this
state at the time the member was killed in the line of duty.
(C) Any institution that is not subject to division (B) of
this section and that holds a valid certificate of registration
issued under Chapter 3332. of the Revised Code, a valid
certificate issued under Chapter 4709. of the Revised Code, or a
valid license issued under Chapter 4713. of the Revised Code, or
that is nonprofit and has a certificate of authorization issued
under section 1713.02 of the Revised Code, or that is a private
institution exempt from regulation under Chapter 3332. of the
Revised Code as prescribed in section 3333.046 of the Revised
Code, which reduces tuition and student fees of a student who is
eligible to attend an institution of higher education under the
provisions of division (B) of this section by an amount indicated
by the chancellor of the Ohio board of regents shall be eligible
to receive a grant in that amount from the chancellor.
Each institution that enrolls students under division (B) of
this section shall report to the chancellor, by the first day of
July of each year, the number of students who were so enrolled and
the average amount of all such tuition and student fees waived
during the preceding year. The chancellor shall determine the
average amount of all such tuition and student fees waived during
the preceding year. The average amount of the tuition and student
fees waived under division (B) of this section during the
preceding year shall be the amount of grants that participating
institutions shall receive under this division during the current
year, but no grant under this division shall exceed the tuition
and student fees due and payable by the student prior to the
reduction referred to in this division. The grants shall be made
for four years of undergraduate education of an eligible student.
Sec. 4113.41. (A) No employer shall terminate an employee who
is a member of a volunteer fire department, or who is employed by
a political subdivision of this state as a volunteer firefighter,
or who is a volunteer provider of emergency medical services
because that employee, when acting as a volunteer firefighter or a
volunteer provider of emergency medical services, is absent from
or late to the employee's employment in order to respond to an
emergency prior to the time the employee is to report to work. An
employer may charge any time that an employee who is a volunteer
firefighter or a volunteer provider of emergency medical services
loses from employment because of the employee's response to an
emergency against the employee's regular pay.
(B) An employee who is a volunteer firefighter or volunteer
provider of emergency medical services shall do all of the
following:
(1) Not later than thirty days after receiving certification
as a volunteer firefighter or a volunteer provider of emergency
services, submit to the employee's employer a written notification
signed by the chief of the volunteer fire department with which
the employee serves, or the medical director or chief
administrator of the cooperating physician advisory board of the
emergency medical organization with which the employee serves, to
notify the employer of the employee's status as a volunteer
firefighter or volunteer provider of emergency services;
(2) Make every effort to notify the employee's employer that
the employee may report late to or be absent from work due to the
employee's dispatch to an emergency.
If notification of dispatch to an emergency cannot be made
either due to the extreme circumstances of the emergency or the
inability to contact the employer, then the employee shall submit
to the employee's employer a written explanation from the chief of
the volunteer fire department with which the employee serves, or
the medical director or chief administrator of the cooperating
physician advisory board of the emergency medical service
organization with which the employee serves, as applicable, to
explain why prior notice was not given.
(C) At the employer's request, an employee who loses time
from the employee's employment to respond to an emergency shall
provide the employer with a written statement from the chief of
the volunteer fire department or the medical director or chief
administrator of the cooperating physician advisory board of the
emergency medical service organization, as applicable, stating
that the employee responded to an emergency and listing the time
of that response.
(D) An employee who is a member of a volunteer fire
department, or who is employed by a political subdivision of this
state as a volunteer firefighter, or who is a volunteer provider
of emergency medical services shall notify that employee's
employer when the employee's status as a volunteer firefighter or
volunteer provider of emergency medical services changes,
including when the employee's status as a volunteer firefighter or
volunteer provider of emergency medical services is terminated.
(E) If an employer purposely violates division (A) of this
section, the employee may bring a civil action for reinstatement
to the employee's former position of employment, payment of back
wages, and full reinstatement of fringe benefits and seniority
rights. An action to enforce this section shall be commenced
within one year after the date of the violation in the court of
common pleas of the county where the place of employment is
located.
(F) As used in this section:
(1) "Emergency" means going to, attending to, or coming from
a fire, hazardous or toxic materials spill and cleanup, medical
emergency, or other situation that poses an imminent threat of
loss of life or property to which the fire department or provider
of emergency medical services has been or later could be
dispatched.
(2) "Emergency medical services" and "emergency medical
service organization" have the same meanings as in section 4765.01
of the Revised Code.
(3) "Volunteer firefighter" has the same meaning as in
division (B)(1)(a) or (b) of section 146.01 of the Revised Code.
Sec. 4765.01. As used in this chapter:
(A) "First responder" means an individual who holds a
current, valid certificate issued under section 4765.30 of the
Revised Code to practice as a first responder.
(B) "Emergency medical technician-basic" or "EMT-basic" means
an individual who holds a current, valid certificate issued under
section 4765.30 of the Revised Code to practice as an emergency
medical technician-basic.
(C) "Emergency medical technician-intermediate" or "EMT-I"
means an individual who holds a current, valid certificate issued
under section 4765.30 of the Revised Code to practice as an
emergency medical technician-intermediate.
(D) "Emergency medical technician-paramedic" or "paramedic"
means an individual who holds a current, valid certificate issued
under section 4765.30 of the Revised Code to practice as an
emergency medical technician-paramedic.
(E) "Ambulance" means any motor vehicle that is used, or is
intended to be used, for the purpose of responding to emergency
medical situations, transporting emergency patients, and
administering emergency medical service to patients before,
during, or after transportation.
(F) "Cardiac monitoring" means a procedure used for the
purpose of observing and documenting the rate and rhythm of a
patient's heart by attaching electrical leads from an
electrocardiograph monitor to certain points on the patient's body
surface.
(G) "Emergency medical service" means any of the services
described in sections 4765.35, 4765.37, 4765.38, and 4765.39 of
the Revised Code that are performed by first responders, emergency
medical technicians-basic, emergency medical
technicians-intermediate, and paramedics. "Emergency medical
service" includes such services performed before or during any
transport of a patient, including transports between hospitals and
transports to and from helicopters.
(H) "Emergency medical service organization" means a public
or private organization using first responders, EMTs-basic,
EMTs-I, or paramedics, or a combination of first responders,
EMTs-basic, EMTs-I, and paramedics, to provide emergency medical
services.
(I) "Physician" means an individual who holds a current,
valid certificate issued under Chapter 4731. of the Revised Code
authorizing the practice of medicine and surgery or osteopathic
medicine and surgery.
(J) "Registered nurse" means an individual who holds a
current, valid license issued under Chapter 4723. of the Revised
Code authorizing the practice of nursing as a registered nurse.
(K) "Volunteer" means a person who provides services either
for no compensation or for compensation that does not exceed the
actual expenses incurred in providing the services or in training
to provide the services.
(L) "Emergency medical service personnel" means first
responders, emergency medical service technicians-basic, emergency
medical service technicians-intermediate, emergency medical
service technicians-paramedic, and persons who provide medical
direction to such persons.
(M) "Hospital" has the same meaning as in section 3727.01 of
the Revised Code.
(N) "Trauma" or "traumatic injury" means severe damage to or
destruction of tissue that satisfies both of the following
conditions:
(1) It creates a significant risk of any of the following:
(c) Significant, permanent disfigurement;
(d) Significant, permanent disability.
(2) It is caused by any of the following:
(a) Blunt or penetrating injury;
(b) Exposure to electromagnetic, chemical, or radioactive
energy;
(c) Drowning, suffocation, or strangulation;
(d) A deficit or excess of heat.
(O) "Trauma victim" or "trauma patient" means a person who
has sustained a traumatic injury.
(P) "Trauma care" means the assessment, diagnosis,
transportation, treatment, or rehabilitation of a trauma victim by
emergency medical service personnel or by a physician, nurse,
physician assistant, respiratory therapist, physical therapist,
chiropractor, occupational therapist, speech-language pathologist,
audiologist, or psychologist licensed to practice as such in this
state or another jurisdiction.
(Q) "Trauma center" means all of the following:
(1) Any hospital that is verified by the American college of
surgeons as an adult or pediatric trauma center;
(2) Any hospital that is operating as an adult or pediatric
trauma center under provisional status pursuant to section
3727.101 of the Revised Code;
(3) Until December 31, 2004, any hospital in this state that
is designated by the director of health as a level II pediatric
trauma center under section 3727.081 of the Revised Code;
(4) Any hospital in another state that is licensed or
designated under the laws of that state as capable of providing
specialized trauma care appropriate to the medical needs of the
trauma patient.
(R) "Pediatric" means involving a patient who is less than
sixteen years of age.
(S) "Adult" means involving a patient who is not a pediatric
patient.
(T) "Geriatric" means involving a patient who is at least
seventy years old or exhibits significant anatomical or
physiological characteristics associated with advanced aging.
(U) "Air medical organization" means an organization that
provides emergency medical services, or transports emergency
victims, by means of fixed or rotary wing aircraft.
(V) "Emergency care" and "emergency facility" have the same
meanings as in section 3727.01 of the Revised Code.
(W) "Stabilize," except as it is used in division (B) of
section 4765.35 of the Revised Code with respect to the manual
stabilization of fractures, has the same meaning as in section
1753.28 of the Revised Code.
(X) "Transfer" has the same meaning as in section 1753.28 of
the Revised Code.
(Y) "Firefighter" means any member of a fire department as
defined in section 742.01 of the Revised Code.
(Z) "Volunteer firefighter" has the same meaning as in
division (B)(1)(a) or (b) of section 146.01 of the Revised Code.
(AA) "Part-time paid firefighter" means a person who provides
firefighting services on less than a full-time basis, is routinely
scheduled to be present on site at a fire station or other
designated location for purposes of responding to a fire or other
emergency, and receives more than nominal compensation for the
provision of firefighting services.
(BB) "Physician assistant" means an individual who holds a
valid certificate to practice as a physician assistant issued
under Chapter 4730. of the Revised Code.
Section 2. That existing sections 124.1310, 146.01, 146.12,
2915.01, 3333.26, 4113.41, and 4765.01 of the Revised Code are
hereby repealed.
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