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Am. Sub. H. B. No. 8 As Passed by the HouseAs Passed by the House
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Roegner, Kunze
Cosponsors:
Representatives Brenner, Amstutz, Beck, Bishoff, Blair, Boose, Brown, Buchy, Burkley, Conditt, Green, Hagan, C., Hayes, Hood, Hottinger, Johnson, Landis, Lynch, Maag, Perales, Retherford, Rosenberger, Smith, Stebelton, Thompson, Wachtmann Speaker Batchelder
A BILL
To amend sections 109.78, 121.22, 149.433, 2923.122,
3313.536, and 4117.08 and to enact sections
3313.94, 3314.43, and 3326.28 of the Revised Code
to authorize off-duty peace officers to possess
deadly weapons or dangerous ordnance in a school
safety zone, to authorize a board of education or
governing body of any school to designate
employees who may carry concealed handguns in a
school safety zone, to generally prohibit the
disclosure of the names of the designated
employees, to exclude from collective bargaining
the development and implementation of a protocol
to designate the employees, and to generally
provide immunity from civil liability to a board
of education or governing authority of any school
and to a designated employee of any such school
for injury, death, or loss arising from the
employee's possession or use of a handgun in a
school safety zone.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.78, 121.22, 149.433, 2923.122,
3313.536, and 4117.08 be amended and sections 3313.94, 3314.43,
and 3326.28 of the Revised Code be enacted to read as follows:
Sec. 109.78. (A) The executive director of the Ohio peace
officer training commission, on behalf of the commission and in
accordance with rules promulgated by the attorney general, shall
certify persons who have satisfactorily completed approved
training programs designed to qualify persons for positions as
special police, security guards, or persons otherwise privately
employed in a police capacity and issue appropriate certificates
to such persons. Application for approval of a training program
designed to qualify persons for such positions shall be made to
the commission. An application for approval shall be submitted to
the commission with a fee of one hundred twenty-five dollars,
which fee shall be refunded if the application is denied. Such
programs shall cover only duties and jurisdiction of such security
guards and special police privately employed in a police capacity
when such officers do not qualify for training under section
109.71 of the Revised Code. A person attending an approved basic
training program administered by the state shall pay to the agency
administering the program the cost of the person's participation
in the program as determined by the agency. A person attending an
approved basic training program administered by a county or
municipal corporation shall pay the cost of the person's
participation in the program, as determined by the administering
subdivision, to the county or the municipal corporation. A person
who is issued a certificate for satisfactory completion of an
approved basic training program shall pay to the commission a fee
of fifteen dollars. A duplicate of a lost, spoliated, or destroyed
certificate may be issued upon application and payment of a fee of
fifteen dollars. Such certificate or the completion of twenty
years of active duty as a peace officer shall satisfy the
educational requirements for appointment or commission as a
special police officer or special deputy of a political
subdivision of this state.
(B)(1) The executive director of the Ohio peace officer
training commission, on behalf of the commission and in accordance
with rules promulgated by the attorney general, shall certify
basic firearms training programs, and shall issue certificates to
class A, B, or C licensees or prospective class A, B, or C
licensees under Chapter 4749. of the Revised Code and to
registered or prospective employees of such class A, B, or C
licensees who have satisfactorily completed a basic firearms
training program of the type described in division (A)(1) of
section 4749.10 of the Revised Code.
Application for approval of a basic firearms training program
shall be made to the commission. An application shall be submitted
to the commission with a fee of one hundred dollars, which fee
shall be refunded if the application is denied.
A person who is issued a certificate for satisfactory
completion of an approved basic firearms training program shall
pay a fee of ten dollars to the commission. A duplicate of a lost,
spoliated, or destroyed certificate may be issued upon application
and payment of a fee of five dollars.
(2) The executive director, on behalf of the commission and
in accordance with rules promulgated by the attorney general, also
shall certify firearms requalification training programs and
instructors for the annual requalification of class A, B, or C
licensees under Chapter 4749. of the Revised Code and registered
or prospective employees of such class A, B, or C licensees who
are authorized to carry a firearm under section 4749.10 of the
Revised Code. Application for approval of a training program or
instructor for such purpose shall be made to the commission. Such
an application shall be submitted to the commission with a fee of
fifty dollars, which fee shall be refunded if the application is
denied.
(3) The executive director, upon request, also shall review
firearms training received within three years prior to November
23, 1985, by any class A, B, or C licensee or prospective class A,
B, or C licensee, or by any registered or prospective employee of
any class A, B, or C licensee under Chapter 4749. of the Revised
Code to determine if the training received is equivalent to a
basic firearms training program that includes twenty hours of
handgun training and five hours of training in the use of other
firearms, if any other firearm is to be used. If the executive
director determines the training was received within the
three-year period and that it is equivalent to such a program, the
executive director shall issue written evidence of approval of the
equivalency training to the licensee or employee.
(C) There is hereby established in the state treasury the
peace officer private security fund, which shall be used by the
Ohio peace officer training commission to administer the training
program to qualify persons for positions as special police,
security guards, or other private employment in a police capacity,
as described in division (A) of this section, and the training
program in basic firearms and the training program for firearms
requalification, both as described in division (B) of this
section. All fees paid to the commission by applicants for
approval of a training program designed to qualify persons for
such private police positions, basic firearms training program, or
a firearms requalification training program or instructor, as
required by division (A) or (B) of this section, by persons who
satisfactorily complete a private police training program or a
basic firearms training program, as required by division (A) or
(B) of this section, or by persons who satisfactorily requalify in
firearms use, as required by division (B)(2) of section 4749.10 of
the Revised Code, shall be transmitted to the treasurer of state
for deposit in the fund. The fund shall be used only for the
purpose set forth in this division.
(D) No public or private educational institution or
superintendent of the state highway patrol shall employ a person
as a special police officer, security guard, or other position in
which such person goes armed while on duty, who has not received a
certificate of having satisfactorily completed an approved basic
peace officer training program, unless the person has completed
twenty years of active duty as a peace officer. This division does
not apply to a person authorized to carry a concealed handgun
under a school safety plan adopted pursuant to section 3313.536 of
the Revised Code.
Sec. 121.22. (A) This section shall be liberally construed
to require public officials to take official action and to conduct
all deliberations upon official business only in open meetings
unless the subject matter is specifically excepted by law.
(B) As used in this section:
(1) "Public body" means any of the following:
(a) Any board, commission, committee, council, or similar
decision-making body of a state agency, institution, or authority,
and any legislative authority or board, commission, committee,
council, agency, authority, or similar decision-making body of any
county, township, municipal corporation, school district, or other
political subdivision or local public institution;
(b) Any committee or subcommittee of a body described in
division (B)(1)(a) of this section;
(c) A court of jurisdiction of a sanitary district organized
wholly for the purpose of providing a water supply for domestic,
municipal, and public use when meeting for the purpose of the
appointment, removal, or reappointment of a member of the board of
directors of such a district pursuant to section 6115.10 of the
Revised Code, if applicable, or for any other matter related to
such a district other than litigation involving the district. As
used in division (B)(1)(c) of this section, "court of
jurisdiction" has the same meaning as "court" in section 6115.01
of the Revised Code.
(2) "Meeting" means any prearranged discussion of the public
business of the public body by a majority of its members.
(3) "Regulated individual" means either of the following:
(a) A student in a state or local public educational
institution;
(b) A person who is, voluntarily or involuntarily, an inmate,
patient, or resident of a state or local institution because of
criminal behavior, mental illness or retardation, disease,
disability, age, or other condition requiring custodial care.
(4) "Public office" has the same meaning as in section
149.011 of the Revised Code.
(C) All meetings of any public body are declared to be public
meetings open to the public at all times. A member of a public
body shall be present in person at a meeting open to the public to
be considered present or to vote at the meeting and for purposes
of determining whether a quorum is present at the meeting.
The minutes of a regular or special meeting of any public
body shall be promptly prepared, filed, and maintained and shall
be open to public inspection. The minutes need only reflect the
general subject matter of discussions in executive sessions
authorized under division (G) or (J) of this section.
(D) This section does not apply to any of the following:
(2) An audit conference conducted by the auditor of state or
independent certified public accountants with officials of the
public office that is the subject of the audit;
(3) The adult parole authority when its hearings are
conducted at a correctional institution for the sole purpose of
interviewing inmates to determine parole or pardon;
(4) The organized crime investigations commission established
under section 177.01 of the Revised Code;
(5) Meetings of a child fatality review board established
under section 307.621 of the Revised Code and meetings conducted
pursuant to sections 5153.171 to 5153.173 of the Revised Code;
(6) The state medical board when determining whether to
suspend a certificate without a prior hearing pursuant to division
(G) of either section 4730.25 or 4731.22 of the Revised Code;
(7) The board of nursing when determining whether to suspend
a license or certificate without a prior hearing pursuant to
division (B) of section 4723.281 of the Revised Code;
(8) The state board of pharmacy when determining whether to
suspend a license without a prior hearing pursuant to division (D)
of section 4729.16 of the Revised Code;
(9) The state chiropractic board when determining whether to
suspend a license without a hearing pursuant to section 4734.37 of
the Revised Code;
(10) The executive committee of the emergency response
commission when determining whether to issue an enforcement order
or request that a civil action, civil penalty action, or criminal
action be brought to enforce Chapter 3750. of the Revised Code;
(11) The board of directors of the nonprofit corporation
formed under section 187.01 of the Revised Code or any committee
thereof, and the board of directors of any subsidiary of that
corporation or a committee thereof;
(12) An audit conference conducted by the audit staff of the
department of job and family services with officials of the public
office that is the subject of that audit under section 5101.37 of
the Revised Code.
(E) The controlling board, the industrial technology and
enterprise advisory council, the tax credit authority, or the
minority development financing advisory board, when meeting to
consider granting assistance pursuant to Chapter 122. or 166. of
the Revised Code, in order to protect the interest of the
applicant or the possible investment of public funds, by unanimous
vote of all board, council, or authority members present, may
close the meeting during consideration of the following
information confidentially received by the authority, council, or
board from the applicant:
(2) Specific business strategy;
(3) Production techniques and trade secrets;
(4) Financial projections;
(5) Personal financial statements of the applicant or members
of the applicant's immediate family, including, but not limited
to, tax records or other similar information not open to public
inspection.
The vote by the authority, council, or board to accept or
reject the application, as well as all proceedings of the
authority, council, or board not subject to this division, shall
be open to the public and governed by this section.
(F) Every public body, by rule, shall establish a reasonable
method whereby any person may determine the time and place of all
regularly scheduled meetings and the time, place, and purpose of
all special meetings. A public body shall not hold a special
meeting unless it gives at least twenty-four hours' advance notice
to the news media that have requested notification, except in the
event of an emergency requiring immediate official action. In the
event of an emergency, the member or members calling the meeting
shall notify the news media that have requested notification
immediately of the time, place, and purpose of the meeting.
The rule shall provide that any person, upon request and
payment of a reasonable fee, may obtain reasonable advance
notification of all meetings at which any specific type of public
business is to be discussed. Provisions for advance notification
may include, but are not limited to, mailing the agenda of
meetings to all subscribers on a mailing list or mailing notices
in self-addressed, stamped envelopes provided by the person.
(G) Except as provided in division (J) of this section, the
members of a public body may hold an executive session only after
a majority of a quorum of the public body determines, by a roll
call vote, to hold an executive session and only at a regular or
special meeting for the sole purpose of the consideration of any
of the following matters:
(1) To consider the appointment, employment, dismissal,
discipline, promotion, demotion, or compensation of a public
employee or official, or the investigation of charges or
complaints against a public employee, official, licensee, or
regulated individual, unless the public employee, official,
licensee, or regulated individual requests a public hearing.
Except as otherwise provided by law, no public body shall hold an
executive session for the discipline of an elected official for
conduct related to the performance of the elected official's
official duties or for the elected official's removal from office.
If a public body holds an executive session pursuant to division
(G)(1) of this section, the motion and vote to hold that executive
session shall state which one or more of the approved purposes
listed in division (G)(1) of this section are the purposes for
which the executive session is to be held, but need not include
the name of any person to be considered at the meeting.
(2) To consider the purchase of property for public purposes,
or for the sale of property at competitive bidding, if premature
disclosure of information would give an unfair competitive or
bargaining advantage to a person whose personal, private interest
is adverse to the general public interest. No member of a public
body shall use division (G)(2) of this section as a subterfuge for
providing covert information to prospective buyers or sellers. A
purchase or sale of public property is void if the seller or buyer
of the public property has received covert information from a
member of a public body that has not been disclosed to the general
public in sufficient time for other prospective buyers and sellers
to prepare and submit offers.
If the minutes of the public body show that all meetings and
deliberations of the public body have been conducted in compliance
with this section, any instrument executed by the public body
purporting to convey, lease, or otherwise dispose of any right,
title, or interest in any public property shall be conclusively
presumed to have been executed in compliance with this section
insofar as title or other interest of any bona fide purchasers,
lessees, or transferees of the property is concerned.
(3) Conferences with an attorney for the public body
concerning disputes involving the public body that are the subject
of pending or imminent court action;
(4) Preparing for, conducting, or reviewing negotiations or
bargaining sessions with public employees concerning their
compensation or other terms and conditions of their employment;
(5) Matters required to be kept confidential by federal law
or regulations or state statutes;
(6) Details relative to the security arrangements and
emergency response protocols for a public body or a public office,
if disclosure of the matters discussed could reasonably be
expected to jeopardize the security of the public body or public
office;
(7) In the case of a county hospital operated pursuant to
Chapter 339. of the Revised Code, a joint township hospital
operated pursuant to Chapter 513. of the Revised Code, or a
municipal hospital operated pursuant to Chapter 749. of the
Revised Code, to consider trade secrets, as defined in section
1333.61 of the Revised Code;
(8) In the case of a board of education of a school district
or governing authority of a chartered nonpublic school, community
school, or STEM school that incorporates into a school safety plan
a protocol for the designation of specific employees who may carry
concealed handguns in school safety zones, to designate an
employee who may carry concealed handguns in school safety zones
or to revoke that designation.
If a public body holds an executive session to consider any
of the matters listed in divisions (G)(2) to (7) of this section,
the motion and vote to hold that executive session shall state
which one or more of the approved matters listed in those
divisions are to be considered at the executive session.
A public body specified in division (B)(1)(c) of this section
shall not hold an executive session when meeting for the purposes
specified in that division.
(H) A resolution, rule, or formal action of any kind is
invalid unless adopted in an open meeting of the public body. A
resolution, rule, or formal action adopted in an open meeting that
results from deliberations in a meeting not open to the public is
invalid unless the deliberations were for a purpose specifically
authorized in division (G) or (J) of this section and conducted at
an executive session held in compliance with this section. A
resolution, rule, or formal action adopted in an open meeting is
invalid if the public body that adopted the resolution, rule, or
formal action violated division (F) of this section.
(I)(1) Any person may bring an action to enforce this
section. An action under division (I)(1) of this section shall be
brought within two years after the date of the alleged violation
or threatened violation. Upon proof of a violation or threatened
violation of this section in an action brought by any person, the
court of common pleas shall issue an injunction to compel the
members of the public body to comply with its provisions.
(2)(a) If the court of common pleas issues an injunction
pursuant to division (I)(1) of this section, the court shall order
the public body that it enjoins to pay a civil forfeiture of five
hundred dollars to the party that sought the injunction and shall
award to that party all court costs and, subject to reduction as
described in division (I)(2) of this section, reasonable
attorney's fees. The court, in its discretion, may reduce an award
of attorney's fees to the party that sought the injunction or not
award attorney's fees to that party if the court determines both
of the following:
(i) That, based on the ordinary application of statutory law
and case law as it existed at the time of violation or threatened
violation that was the basis of the injunction, a well-informed
public body reasonably would believe that the public body was not
violating or threatening to violate this section;
(ii) That a well-informed public body reasonably would
believe that the conduct or threatened conduct that was the basis
of the injunction would serve the public policy that underlies the
authority that is asserted as permitting that conduct or
threatened conduct.
(b) If the court of common pleas does not issue an injunction
pursuant to division (I)(1) of this section and the court
determines at that time that the bringing of the action was
frivolous conduct, as defined in division (A) of section 2323.51
of the Revised Code, the court shall award to the public body all
court costs and reasonable attorney's fees, as determined by the
court.
(3) Irreparable harm and prejudice to the party that sought
the injunction shall be conclusively and irrebuttably presumed
upon proof of a violation or threatened violation of this section.
(4) A member of a public body who knowingly violates an
injunction issued pursuant to division (I)(1) of this section may
be removed from office by an action brought in the court of common
pleas for that purpose by the prosecuting attorney or the attorney
general.
(J)(1) Pursuant to division (C) of section 5901.09 of the
Revised Code, a veterans service commission shall hold an
executive session for one or more of the following purposes unless
an applicant requests a public hearing:
(a) Interviewing an applicant for financial assistance under
sections 5901.01 to 5901.15 of the Revised Code;
(b) Discussing applications, statements, and other documents
described in division (B) of section 5901.09 of the Revised Code;
(c) Reviewing matters relating to an applicant's request for
financial assistance under sections 5901.01 to 5901.15 of the
Revised Code.
(2) A veterans service commission shall not exclude an
applicant for, recipient of, or former recipient of financial
assistance under sections 5901.01 to 5901.15 of the Revised Code,
and shall not exclude representatives selected by the applicant,
recipient, or former recipient, from a meeting that the commission
conducts as an executive session that pertains to the applicant's,
recipient's, or former recipient's application for financial
assistance.
(3) A veterans service commission shall vote on the grant or
denial of financial assistance under sections 5901.01 to 5901.15
of the Revised Code only in an open meeting of the commission. The
minutes of the meeting shall indicate the name, address, and
occupation of the applicant, whether the assistance was granted or
denied, the amount of the assistance if assistance is granted, and
the votes for and against the granting of assistance.
Sec. 149.433. (A) As used in this section:
(1) "Act of terrorism" has the same meaning as in section
2909.21 of the Revised Code.
(2) "Infrastructure record" means any record that discloses
the configuration of a public office's or chartered nonpublic
school's critical systems including, but not limited to,
communication, computer, electrical, mechanical, ventilation,
water, and plumbing systems, security codes, or the infrastructure
or structural configuration of the building in which a public
office or chartered nonpublic school is located. "Infrastructure
record" does not mean a simple floor plan that discloses only the
spatial relationship of components of a public office or chartered
nonpublic school or the building in which a public office or
chartered nonpublic school is located.
(3) "Security record" means any of the following:
(a) Any record that contains information directly used for
protecting or maintaining the security of a public office against
attack, interference, or sabotage;
(b) Any record assembled, prepared, or maintained by a public
office or public body to prevent, mitigate, or respond to acts of
terrorism, including any of the following:
(i) Those portions of records containing specific and unique
vulnerability assessments or specific and unique response plans
either of which is intended to prevent or mitigate acts of
terrorism, and communication codes or deployment plans of law
enforcement or emergency response personnel;
(ii) Specific intelligence information and specific
investigative records shared by federal and international law
enforcement agencies with state and local law enforcement and
public safety agencies;
(iii) National security records classified under federal
executive order and not subject to public disclosure under federal
law that are shared by federal agencies, and other records related
to national security briefings to assist state and local
government with domestic preparedness for acts of terrorism.
(c) A school safety plan adopted pursuant to section 3313.536
of the Revised Code or record made pursuant to that section of a
designation or revocation of a designation of an employee
authorized to carry a concealed handgun in a school safety zone.
(B) A record kept by a public office that is a security
record or an infrastructure record is not a public record under
section 149.43 of the Revised Code and is not subject to mandatory
release or disclosure under that section.
(C) Notwithstanding any other section of the Revised Code,
disclosure by a public office, public employee, chartered
nonpublic school, or chartered nonpublic school employee of a
security record or infrastructure record that is necessary for
construction, renovation, or remodeling work on any public
building or project or chartered nonpublic school does not
constitute public disclosure for purposes of waiving division (B)
of this section and does not result in that record becoming a
public record for purposes of section 149.43 of the Revised Code.
Sec. 2923.122. (A) No person shall knowingly convey, or
attempt to convey, a deadly weapon or dangerous ordnance into a
school safety zone.
(B) No person shall knowingly possess a deadly weapon or
dangerous ordnance in a school safety zone.
(C) No person shall knowingly possess an object in a school
safety zone if both of the following apply:
(1) The object is indistinguishable from a firearm, whether
or not the object is capable of being fired.
(2) The person indicates that the person possesses the object
and that it is a firearm, or the person knowingly displays or
brandishes the object and indicates that it is a firearm.
(D)(1) This section does not apply to any of the following:
(a) An officer, agent, or employee of this or any other state
or the United States, or a law enforcement officer, who is
authorized to carry deadly weapons or dangerous ordnance and is
acting within the scope of the officer's, agent's, or employee's
duties, an off-duty peace officer, a security officer employed by
a board of education or governing body of a school during the time
that the security officer is on duty pursuant to that contract of
employment, or any other person who has written authorization from
the board of education or governing body of a school to convey
deadly weapons or dangerous ordnance into a school safety zone or
to possess a deadly weapon or dangerous ordnance in a school
safety zone and who conveys or possesses the deadly weapon or
dangerous ordnance in accordance with that authorization;
(b) Any person who is employed in this state, who is
authorized to carry deadly weapons or dangerous ordnance, and who
is subject to and in compliance with the requirements of section
109.801 of the Revised Code, unless the appointing authority of
the person has expressly specified that the exemption provided in
division (D)(1)(b) of this section does not apply to the person.
(2) Division (C) of this section does not apply to premises
upon which home schooling is conducted. Division (C) of this
section also does not apply to a school administrator, teacher, or
employee who possesses an object that is indistinguishable from a
firearm for legitimate school purposes during the course of
employment, a student who uses an object that is indistinguishable
from a firearm under the direction of a school administrator,
teacher, or employee, or any other person who with the express
prior approval of a school administrator possesses an object that
is indistinguishable from a firearm for a legitimate purpose,
including the use of the object in a ceremonial activity, a play,
reenactment, or other dramatic presentation, or a ROTC activity or
another similar use of the object.
(3) This section does not apply to a person who conveys or
attempts to convey a handgun into, or possesses a handgun in, a
school safety zone if, at the time of that conveyance, attempted
conveyance, or possession of the handgun, all of the following
apply:
(a) The person does not enter into a school building or onto
school premises and is not at a school activity.
(b) The person is carrying a valid concealed handgun license.
(c) The person is in the school safety zone in accordance
with 18 U.S.C. 922(q)(2)(B).
(d) The person is not knowingly in a place described in
division (B)(1) or (B)(3) to (10) of section 2923.126 of the
Revised Code.
(4) This section does not apply to a person who conveys or
attempts to convey a handgun into, or possesses a handgun in, a
school safety zone if at the time of that conveyance, attempted
conveyance, or possession of the handgun all of the following
apply:
(a) The person is carrying a valid concealed handgun license.
(b) The person is the driver or passenger in a motor vehicle
and is in the school safety zone while immediately in the process
of picking up or dropping off a child.
(c) The person is not in violation of section 2923.16 of the
Revised Code.
(E)(1) Whoever violates division (A) or (B) of this section
is guilty of illegal conveyance or possession of a deadly weapon
or dangerous ordnance in a school safety zone. Except as otherwise
provided in this division, illegal conveyance or possession of a
deadly weapon or dangerous ordnance in a school safety zone is a
felony of the fifth degree. If the offender previously has been
convicted of a violation of this section, illegal conveyance or
possession of a deadly weapon or dangerous ordnance in a school
safety zone is a felony of the fourth degree.
(2) Whoever violates division (C) of this section is guilty
of illegal possession of an object indistinguishable from a
firearm in a school safety zone. Except as otherwise provided in
this division, illegal possession of an object indistinguishable
from a firearm in a school safety zone is a misdemeanor of the
first degree. If the offender previously has been convicted of a
violation of this section, illegal possession of an object
indistinguishable from a firearm in a school safety zone is a
felony of the fifth degree.
(F)(1) In addition to any other penalty imposed upon a person
who is convicted of or pleads guilty to a violation of this
section and subject to division (F)(2) of this section, if the
offender has not attained nineteen years of age, regardless of
whether the offender is attending or is enrolled in a school
operated by a board of education or for which the state board of
education prescribes minimum standards under section 3301.07 of
the Revised Code, the court shall impose upon the offender a class
four suspension of the offender's probationary driver's license,
restricted license, driver's license, commercial driver's license,
temporary instruction permit, or probationary commercial driver's
license that then is in effect from the range specified in
division (A)(4) of section 4510.02 of the Revised Code and shall
deny the offender the issuance of any permit or license of that
type during the period of the suspension.
If the offender is not a resident of this state, the court
shall impose a class four suspension of the nonresident operating
privilege of the offender from the range specified in division
(A)(4) of section 4510.02 of the Revised Code.
(2) If the offender shows good cause why the court should not
suspend one of the types of licenses, permits, or privileges
specified in division (F)(1) of this section or deny the issuance
of one of the temporary instruction permits specified in that
division, the court in its discretion may choose not to impose the
suspension, revocation, or denial required in that division, but
the court, in its discretion, instead may require the offender to
perform community service for a number of hours determined by the
court.
(G) As used in this section, "object:
(1) "Object that is indistinguishable from a firearm" means
an object made, constructed, or altered so that, to a reasonable
person without specialized training in firearms, the object
appears to be a firearm.
(2) "Peace officer" means a sheriff, deputy sheriff, police
constable of any township, police officer of a township or joint
police district, marshal, deputy marshal, member of the organized
police department of any municipal corporation, or state highway
patrol trooper.
Sec. 3313.536. (A) The board of education of each city,
exempted village, and local school district and the governing
authority of each chartered nonpublic school shall adopt a
comprehensive school safety plan for each school building under
the board's or governing authority's control. The board or
governing authority shall examine the environmental conditions and
operations of each building to determine potential hazards to
student and staff safety and shall propose operating changes to
promote the prevention of potentially dangerous problems and
circumstances. In developing the plan for each building, the board
or governing authority shall involve community law enforcement and
safety officials, parents of students who are assigned to the
building, and teachers and nonteaching employees who are assigned
to the building. The board or governing authority shall consider
incorporating remediation strategies into the plan for any
building where documented safety problems have occurred.
The board or governing authority shall incorporate into the
plan both of the following:
(1) A protocol for addressing serious threats to the safety
of school property, students, employees, or administrators;
(2) A protocol for responding to any emergency events that do
occur and that compromise the safety of school property, students,
employees, or administrators.
Each protocol shall include procedures deemed appropriate by
the board or governing authority for responding to threats and
emergency events, respectively, including such things as
notification of appropriate law enforcement personnel, calling
upon specified emergency response personnel for assistance, and
informing parents of affected students. Prior to the opening day
of each school year, the board or governing authority shall inform
each student enrolled in the school and the student's parent of
the parental notification procedures included in the protocol.
The board or governing authority may incorporate into the
plan a protocol for the designation of specific employees who may
carry concealed handguns in school safety zones that are under the
jurisdiction of the board or governing authority. The board or
governing body may develop the protocol in consultation with the
local law enforcement agency. The protocol shall state that a
designated employee may not carry a concealed handgun in a school
safety zone unless the employee has a valid license to carry a
concealed handgun issued under section 2923.125 of the Revised
Code and has completed any firearms training that may be required
by the protocol. The protocol may state that the board or
governing authority may designate or revoke the designation of
employees who may carry concealed handguns in school safety zones
in executive session and shall provide that the names of those
employees remain confidential. The board or governing authority
shall keep the names of designated employees in confidential
records and shall not include them in the plan, and no member of
the board or governing authority shall disclose the names to
anyone other than those employees, the local law enforcement
agency, the insurance company for the school, and any other
persons to whom disclosure is required by a court order. The board
or governing authority shall give an employee who is designated to
carry a concealed handgun or whose designation is revoked written
notice of the designation or revocation and shall provide a copy
of the notice to the local law enforcement agency and the
insurance company for the school.
A protocol adopted under this section shall require the board
or governing authority to offer any employee authorized to carry a
firearm who, during the course of the employee's employment, has
been involved in an incident in which the employee's firearm was
discharged the opportunity for a psychological assessment to
ensure the individual's continued ability to carry a firearm in
the course of that individual's employment. If the individual
declines to undergo the psychological assessment, the board or
governing authority may consider the individual's decision to
decline that assessment in determining whether to revoke the
individual's designation as an employee permitted to carry a
concealed handgun in a school safety zone.
A protocol adopted under this section may not require an
employee to carry a firearm in the course of the employee's
employment.
As used in division (A) of this section, "local law
enforcement agency" means the police department of the municipal
corporation having jurisdiction over a school safety zone if the
school safety zone is located within a municipal corporation or
the sheriff of the county in which the school safety zone is
located if the school safety zone is not located within a
municipal corporation.
(B) The board or governing authority shall update the safety
plan at least once every three years and whenever a major
modification to the building requires changes in the procedures
outlined in the plan.
(C) The board or governing authority shall file a copy of the
current safety plan and building blueprint with each law
enforcement agency that has jurisdiction over the school building
and, upon request, the fire department that serves the political
subdivision in which the school building is located. The board or
governing authority also shall file a copy of the current safety
plan and a floor plan of the building, but not a building
blueprint, with the attorney general, who shall post that
information on the Ohio law enforcement gateway or its successor.
Copies of safety plans, building blueprints, and floor plans
shall be filed as described in this division not later than the
ninety-first day after March 30, 2007. If a board or governing
authority revises a safety plan, building blueprint, or floor plan
after the initial filing, the board or governing authority shall
file copies of the revised safety plan, building blueprint, or
floor plan in the manner described in this division not later than
the ninety-first day after the revision is adopted.
Copies of the safety plan and building blueprint are not a
public record pursuant to section 149.433 of the Revised Code.
Notwithstanding section 149.433 of the Revised Code, a
building floor plan filed with the attorney general pursuant to
this division is not a public record to the extent it is a record
kept by the attorney general. This paragraph does not affect the
status of a floor plan kept as a record by another public office.
The board or governing authority, each law enforcement agency
and fire department to which copies of the safety plan and
building blueprint are provided, and the attorney general shall
keep the copies in a secure place.
(D) The board or governing authority shall grant access to
each school building under its control to law enforcement
personnel to enable the personnel to hold training sessions for
responding to threats and emergency events affecting the building,
provided that the access occurs outside of student instructional
hours and an employee of the board or governing authority is
present in the building during the training sessions.
(E) The attorney general shall establish a model curriculum
for training an employee authorized to carry a firearm pursuant to
division (A) of this section. One component of the model
curriculum shall be active shooter training. The attorney
general's duty to establish a model curriculum under this division
shall be a public duty pursuant to division (E) of section 2743.01
of the Revised Code. The board or governing authority may utilize
the model curriculum in consultation with local law enforcement to
determine any additional training requirements for an employee
authorized to carry a firearm pursuant to division (A) of this
section.
Sec. 3313.94. A school district, member of a school district
board of education, chartered nonpublic school, governing
authority of a chartered nonpublic school, and an employee of a
school district or chartered nonpublic school who is authorized to
carry a concealed handgun in a school safety zone pursuant to a
school safety plan adopted under section 3313.536 of the Revised
Code are not liable in damages in a civil action for injury,
death, or loss to person or property allegedly arising from the
employee's possession or use of the handgun in the school safety
zone in compliance with the school safety plan unless the injury,
death, or loss resulted from the employee's reckless or wanton
conduct.
Sec. 3314.43. A community school, community school governing
authority, member of a community school governing authority, and
community school employee who is authorized to carry a concealed
handgun in a school safety zone pursuant to a school safety plan
adopted under section 3313.536 of the Revised Code are not liable
in damages in a civil action for injury, death, or loss to person
or property allegedly arising from the employee's possession or
use of the handgun in the school safety zone in compliance with
the school safety plan unless the injury, death, or loss resulted
from the employee's reckless or wanton conduct.
Sec. 3326.28. A STEM school, member of a STEM school
governing body, and STEM school employee who is authorized to
carry a concealed handgun in a school safety zone pursuant to a
school safety plan adopted under section 3313.536 of the Revised
Code are not liable in damages in a civil action for injury,
death, or loss to person or property allegedly arising from the
employee's possession or use of the handgun in the school safety
zone in compliance with the school safety plan unless the injury,
death, or loss resulted from the employee's reckless or wanton
conduct.
Sec. 4117.08. (A) All matters pertaining to wages, hours, or
terms and other conditions of employment and the continuation,
modification, or deletion of an existing provision of a collective
bargaining agreement are subject to collective bargaining between
the public employer and the exclusive representative, except as
otherwise specified in this section and division (E) of section
4117.03 of the Revised Code.
(B) The conduct and grading of civil service examinations,
the rating of candidates, the establishment of eligible lists from
the examinations, and the original appointments from the eligible
lists, and the development and implementation of a protocol for
the designation of school employees who may carry concealed
weapons in a school safety zone under section 3313.536 of the
Revised Code are not appropriate subjects for collective
bargaining.
(C) Unless a public employer agrees otherwise in a collective
bargaining agreement, nothing in Chapter 4117. of the Revised Code
impairs the right and responsibility of each public employer to:
(1) Determine matters of inherent managerial policy which
include, but are not limited to, areas of discretion or policy
such as the functions and programs of the public employer,
standards of services, its overall budget, utilization of
technology, and organizational structure;
(2) Direct, supervise, evaluate, or hire employees;
(3) Maintain and improve the efficiency and effectiveness of
governmental operations;
(4) Determine the overall methods, process, means, or
personnel by which governmental operations are to be conducted;
(5) Suspend, discipline, demote, or discharge for just cause,
or lay off, transfer, assign, schedule, promote, or retain
employees;
(6) Determine the adequacy of the work force;
(7) Determine the overall mission of the employer as a unit
of government;
(8) Effectively manage the work force;
(9) Take actions to carry out the mission of the public
employer as a governmental unit.
The employer is not required to bargain on subjects reserved
to the management and direction of the governmental unit except as
affect wages, hours, terms and conditions of employment, and the
continuation, modification, or deletion of an existing provision
of a collective bargaining agreement. A public employee or
exclusive representative may raise a legitimate complaint or file
a grievance based on the collective bargaining agreement.
Section 2. That existing sections 109.78, 121.22, 149.433,
2923.122, 3313.536, and 4117.08 of the Revised Code are hereby
repealed.
Section 3. Section 2923.122 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 495 and Am. Sub. S.B. 337 of the 129th General Assembly.
The General Assembly, applying the principle stated in division
(B) of section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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