Bill Text: OH HB481 | 2013-2014 | 130th General Assembly | Introduced

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 38-5)

Status: (Introduced - Dead) 2014-03-18 - To Health and Aging [HB481 Detail]

Download: Ohio-2013-HB481-Introduced.html

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As Introduced

130th General Assembly Regular Session 2013-2014

H. B. No. 481

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 

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A BILL

To amend sections 124.1310, 146.01, 146.12, 2915.01,

1

3333.26, 4113.41, and 4765.01 and to enact section

2

742.631 of the Revised Code to make survivors of

3

part-time, reserve, volunteer, and certain other

4

police officers killed in the line of duty

5

eligible for benefits from the Ohio Public Safety

6

Officers Death Benefit Fund; to increase the

7

benefit payable from the Volunteer Fire Fighters'

8

Dependents Fund to survivors of volunteer

9

firefighters killed in the line of duty; and to

10

make survivors of certain emergency medical

11

personnel eligible for benefits from the Volunteer

12

Fire Fighters' Dependents Fund.

13

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

Section 1. That sections 124.1310, 146.01, 146.12, 2915.01,	14
3333.26, 4113.41, and 4765.01 be amended and section 742.631 of	15
the Revised Code be enacted to read as follows:	16

Sec. 124.1310. (A) As used in this section:

17

(1) "Emergency medical service," "EMT-basic," "EMT-I," "first	18
responder," and "paramedic" have the same meanings as in section	19
4765.01 of the Revised Code.	20

(2) "Volunteer firefighter" has the same meaning as in	21
division (B)(1)(a) or (b) of section 146.01 of the Revised Code.	22

(B) A state employee who is an EMT-basic, EMT-I, first	23
responder, paramedic, or volunteer firefighter shall receive forty	24
hours of leave with pay each calendar year to use during those	25
hours when the employee is absent from work in order to provide	26
emergency medical service or fire-fighting service. An appointing	27
authority shall compensate an employee who uses leave granted	28
under this section at the employee's regular rate of pay for those	29
regular work hours during which the employee is absent from work.	30

Sec. 146.01.  As used in sections 146.01 to 146.19 of the	31
Revised Code:	32

(A) "Fire department" means a volunteer fire department, a	33
fire department of a political subdivision or fire district of	34
this state, or a private volunteer company that has elected to	35
participate in the volunteer fire fighters' dependents fund	36
pursuant to section 146.02 of the Revised Code.	37

(B)(1) "Volunteer firefighter" means bothany of the	38
following, subject to division (B)(2) of this section:	39

(a) A duly appointed member of a fire department on either a	40
nonpay or part-pay basis who is ineligible to be a member of the	41
Ohio police and fire pension fund, or whose employment as a	42
firefighter does not in itself qualify any such person for	43
membership in the public employees retirement system, or who has	44
waived membership in the public employees retirement system;	45

(b) Firefighters drafted, requisitioned, or appointed to	46
serve in an emergency;	47

(c) A person to whom both of the following apply:

48

(i) The person is not described in division (B)(1)(a) or (b)	49
of this section but is employed by a fire department in a	50
part-time or volunteer capacity, in a position in which the person	51
is required to satisfactorily complete or have satisfactorily	52
completed a firefighter training course approved under former	53
section 3303.07 or section 4765.55 or conducted under section	54
3737.33 of the Revised Code;	55

(ii) The person is not a member of the public employees	56
retirement system, Ohio police and fire pension fund, or the	57
Cincinnati retirement system.	58

(2)(a) A volunteer firefighter who is a member of the public	59
employees retirement system shall be considered a volunteer	60
firefighter for purposes of this chapter, and in particular, for	61
purposes of divisions (A) and (B) to (F) of section 146.12 of the	62
Revised Code until the firefighter has at least one and one-half	63
years of Ohio service credit for purposes of division (B) of	64
section 145.45 of the Revised Code;	65

(b) A volunteer firefighter who is a member of the public	66
employees retirement system shall be considered a volunteer	67
firefighter for purposes of this chapter and, in particular, for	68
purposes of division (C)(A) of section 146.12 of the Revised Code	69
until the firefighter has at least five years of total service	70
credit for purposes of sections 145.35 and 145.36 or section	71
145.361 of the Revised Code.	72

(C) "Private volunteer fire company" means a company of	73
trained volunteer firefighters having a contract to furnish fire	74
protection or emergency service or both to a political subdivision	75
or fire district of this state.	76

(D) "Member of the fund" includes a political subdivision or	77
fire district of this state that maintains in whole or in part a	78
volunteer fire department or employs volunteer firefighters, and a	79
private volunteer fire company that has elected to participate in	80
the volunteer fire fighters' dependents fund.	81

(E) "Volunteer fire fighters' dependents fund" means the fund	82
established by section 146.07 of the Revised Code.	83

(F) "Totally and permanently disabled" means that a volunteer	84
firefighter is unable to engage in any substantial gainful	85
employment for a period of not less than twelve months by reason	86
of a medically determinable physical impairment that is permanent	87
or presumed to be permanent.	88

(G) "Death benefit amount" means an amount equal to forty	89
hours of work multiplied by the applicable minimum wage rate in	90
accordance with Section 34a, Article II of the Ohio Constitution	91
and Chapter 4111. of the Revised Code.	92

(H) "Killed in the line of duty" means either of the	93
following:	94

(a) Death in the line of duty;

95

(b) Death from injury sustained in the line of duty,	96
including heart attack or other fatal injury or illness caused	97
while in the line of duty.	98

Sec. 146.12. Benefits shall be paid from the volunteer fire	99
fighters' dependents fund to or on behalf of the following	100
persons:	101

(A) To the surviving spouse of a volunteer firefighter killed	102
while discharging the duties of a volunteer firefighter or who	103
dies from exposure or injury received while in the discharge of	104
those duties, a lump sum award of one thousand dollars, and, in	105
addition, the sum of three hundred dollars per month;	106

(B) To the parent, guardian, or other persons upon whom a	107
child of a volunteer firefighter is dependent for chief support,	108
the sum of one hundred twenty-five dollars per month for each	109
dependent child under eighteen years of age, or under twenty-three	110
years of age if the child is attending a post-secondary	111
educational institution and is completing a program of instruction	112
each school year that satisfies the equivalent of at least	113
two-thirds of the full-time curriculum requirements of the	114
institution.	115

(C) To a(A) A volunteer firefighter,who is totally and	116
permanently disabled while discharging the duties of a volunteer	117
firefighter, the sumshall receive a benefit of three hundred	118
dollars per month from the volunteer fire fighters' dependents	119
fund. No payment shall be made to a volunteer firefighter under	120
who is receiving the firefighter's full salary during the time of	121
the volunteer firefighter's disability.	122

(B) Regardless of whether the volunteer firefighter received	123
a benefit under division (A) of this section, death benefits shall	124
be paid from the volunteer fire fighters' dependents fund to the	125
surviving spouse, dependent children, or dependent parents, as	126
applicable, of a volunteer firefighter who is killed in the line	127
of duty.	128

(C) A surviving spouse of a volunteer firefighter who is	129
killed in the line of duty shall receive an amount each month	130
equal to the full death benefit amount, provided there are no	131
surviving children eligible for a benefit under this section. A	132
benefit paid under this division shall terminate on the death of	133
the surviving spouse.	134

(D)(1) If a volunteer firefighter who is killed in the line	135
of duty is survived only by a child or children, the surviving	136
child or children shall receive an amount each month equal to the	137
full death benefit amount. If there is more than one surviving	138
child, the benefit shall be divided equally among the children.	139

(2) If a benefit paid under this division is divided among	140
two or more surviving children and any of the children become	141
ineligible to receive a benefit as provided in division (G) of	142
this section, the full death benefit amount shall be paid to the	143
remaining eligible child or divided equally among the eligible	144
children so that the benefit paid to the remaining eligible child	145
or children equals the full death benefit amount.	146

(E) If a volunteer firefighter is killed in the line of duty	147
and is survived by both a spouse and a child or children, the	148
death benefit shall be paid as follows:	149

(1)(a) If there is a surviving spouse and one surviving	150
child, the spouse shall receive an amount each month equal to	151
one-half of the full death benefit amount and the child shall	152
receive an amount each month equal to one-half of the full death	153
benefit amount.	154

(b) If a surviving spouse dies or a surviving child becomes	155
ineligible to receive a benefit as provided in division (G) of	156
this section, the spouse or child remaining eligible shall receive	157
the full death benefit amount.	158

(2)(a) If there is a surviving spouse and more than one	159
surviving child, the spouse shall receive an amount each month	160
equal to one-third of the full death benefit amount and the	161
children shall receive an amount each month, equally divided among	162
them, equal to two-thirds of the full death benefit amount.	163

(b) If a surviving spouse and more than one surviving child	164
each are receiving a benefit under division (E)(2)(a) of this	165
section and the spouse dies, the children shall receive an amount	166
each month, equally divided among them, equal to the full death	167
benefit amount.	168

(c) If a surviving spouse and more than one surviving child	169
each are receiving a benefit under division (E)(2)(a) of this	170
section and any of the children become ineligible to receive a	171
benefit as provided in division (G) of this section, the spouse	172
and remaining eligible child or children shall receive a benefit	173
as follows:	174

(i) If there are two or more remaining eligible children, the	175
spouse shall receive an amount each month equal to one-third of	176
the full death benefit amount and the children shall receive an	177
amount each month, equally divided among them, equal to two-thirds	178
of the full death benefit amount.	179

(ii) If there is one remaining eligible child, the spouse	180
shall receive an amount each month equal to one-half of the full	181
death benefit amount, and the child shall receive an amount each	182
month equal to one-half of the full death benefit amount.	183

(d) If a surviving spouse and more than one surviving child	184
each are receiving a benefit under division (E)(2)(a) of this	185
section and all of the children become ineligible to receive a	186
benefit as provided in division (G) of this section, the spouse	187
shall receive the full death benefit amount.	188

(F) If a volunteer firefighter is killed in the line of duty	189
and is survived by only a parent or parents dependent on the	190
member for support, the surviving parent or parents shall receive	191
an amount each month equal to the full death benefit amount. If	192
there was more than one surviving parent dependent on the deceased	193
firefighter for support, the benefit shall be divided equally	194
among the parents. On the death of one of the parents, the full	195
death benefit amount shall be paid to the other parent.	196

(G) A death benefit paid to a surviving child under division	197
(D) or (E) of this section shall terminate on the death of the	198
child or, unless one of the following is the case, when the child	199
reaches age eighteen:	200

(1) The child, because of physical or mental disability, is	201
unable to provide the child's own support, in which case the	202
benefit shall terminate when the disability is removed;	203

(2) The child is unmarried, under age twenty-two, and is	204
attending an institution of learning or training pursuant to a	205
program designed to complete in each school year the equivalent of	206
at least two-thirds of the full-time curriculum requirements of	207
the institution, as determined by the volunteer fire fighters'	208
dependents fund.	209

Sec. 742.631. (A)(1) Notwithstanding division (A)(11) of	210
section 742.63 of the Revised Code, "death benefit amount" means	211
an amount equal to forty hours of work multiplied by the	212
applicable minimum wage rate in accordance with Section 34a,	213
Article II of the Ohio Constitution and Chapter 4111. of the	214
Revised Code.	215

(2) Notwithstanding division (A)(1) of section 742.63 of the	216
Revised Code, "member" includes any person to whom both of the	217
following apply:	218

(a) The person is employed as a peace officer by a county	219
sheriff's office or a police department of a municipal	220
corporation, township, village, township police district, or joint	221
police district in any of the following capacities:	222

(i) Auxiliary;

223

(ii) Part-time;

224

(iii) Reserve;

225

(iv) Reserve/auxiliary;

226

(v) Seasonal;

227

(vi) Special;

228

(vii) Volunteer.

229

(b) The person is not a member of the public employees	230
retirement system, Ohio police and fire pension fund, state	231
highway patrol retirement system, or the Cincinnati retirement	232
system.	233

(B) Death benefits shall be paid under this section from the	234
Ohio public safety officers death benefit fund to the surviving	235
spouse, dependent children, or dependent parents, as applicable,	236
of a member described in division (A)(2) of this section who is	237
killed in the line of duty.	238

(C) A surviving spouse of a member described in division	239
(A)(2) of this section who is killed in the line of duty shall	240
receive an amount each month equal to the full death benefit	241
amount, provided there are no surviving children eligible for a	242
benefit under this section. A benefit paid under this division	243
shall terminate on the death of the surviving spouse.	244

(D)(1) If a member described in division (A)(2) of this	245
section who is killed in the line of duty is survived only by a	246
child or children, the surviving child or children shall receive	247
an amount each month equal to the full death benefit amount. If	248
there is more than one surviving child, the benefit shall be	249
divided equally among the children.	250

(2) If a benefit paid under this division is divided among	251
two or more surviving children and any of the children become	252
ineligible to receive a benefit as provided in division (G) of	253
this section, the full death benefit amount shall be paid to the	254
remaining eligible child or divided equally among the eligible	255
children so that the benefit paid to the remaining eligible child	256
or children equals the full death benefit amount.	257

(E) If a member described in division (A)(2) of this section	258
is killed in the line of duty and is survived by both a spouse and	259
a child or children, the death benefit shall be paid as follows:	260

(1)(a) If there is a surviving spouse and one surviving	261
child, the spouse shall receive an amount each month equal to	262
one-half of the full death benefit amount and the child shall	263
receive an amount each month equal to one-half of the full death	264
benefit amount.	265

(b) If a surviving spouse dies or a surviving child becomes	266
ineligible to receive a benefit as provided in division (G) of	267
this section, the spouse or child remaining eligible shall receive	268
the full death benefit amount.	269

(2)(a) If there is a surviving spouse and more than one	270
surviving child, the spouse shall receive an amount each month	271
equal to one-third of the full death benefit amount and the	272
children shall receive an amount each month, equally divided among	273
them, equal to two-thirds of the full death benefit amount.	274

(b) If a surviving spouse and more than one surviving child	275
each are receiving a benefit under division (E)(2)(a) of this	276
section and the spouse dies, the children shall receive an amount	277
each month, equally divided among them, equal to the full death	278
benefit amount.	279

(c) If a surviving spouse and more than one surviving child	280
each are receiving a benefit under division (E)(2)(a) of this	281
section and any of the children become ineligible to receive a	282
benefit as provided in division (G) of this section, the spouse	283
and remaining eligible child or children shall receive a benefit	284
as follows:	285

(i) If there are two or more remaining eligible children, the	286
spouse shall receive an amount each month equal to one-third of	287
the full death benefit amount and the children shall receive an	288
amount each month, equally divided among them, equal to two-thirds	289
of the full death benefit amount.	290

(ii) If there is one remaining eligible child, the spouse	291
shall receive an amount each month equal to one-half of the full	292
death benefit amount, and the child shall receive an amount each	293
month equal to one-half of the full death benefit amount.	294

(d) If a surviving spouse and more than one surviving child	295
each are receiving a benefit under division (E)(2)(a) of this	296
section and all of the children become ineligible to receive a	297
benefit as provided in division (G) of this section, the spouse	298
shall receive the full death benefit amount.	299

(F) If a member described in division (A)(2) of this section	300
is killed in the line of duty and is survived by only a parent or	301
parents dependent on the member for support, the surviving parent	302
or parents shall receive an amount each month equal to the full	303
death benefit amount. If there was more than one surviving parent	304
dependent on the deceased member for support, the benefit shall be	305
divided equally among the parents. On the death of one of the	306
parents, the full death benefit amount shall be paid to the other	307
parent.	308

(G) A death benefit paid to a surviving child under division	309
(D) or (E) of this section shall terminate on the death of the	310
child or, unless one of the following is the case, when the child	311
reaches age eighteen:	312

(1) The child, because of physical or mental disability, is	313
unable to provide the child's own support, in which case the	314
benefit shall terminate when the disability is removed;	315

(2) The child is unmarried, under age twenty-two, and is	316
attending an institution of learning or training pursuant to a	317
program designed to complete in each school year the equivalent of	318
at least two-thirds of the full-time curriculum requirements of	319
the institution, as determined by the Ohio police and fire pension	320
fund board of trustees.	321

Sec. 2915.01.  As used in this chapter:

322

(A) "Bookmaking" means the business of receiving or paying	323
off bets.	324

(B) "Bet" means the hazarding of anything of value upon the	325
result of an event, undertaking, or contingency, but does not	326
include a bona fide business risk.	327

(C) "Scheme of chance" means a slot machine unless authorized	328
under Chapter 3772. of the Revised Code, lottery unless authorized	329
under Chapter 3770. of the Revised Code, numbers game, pool	330
conducted for profit, or other scheme in which a participant gives	331
a valuable consideration for a chance to win a prize, but does not	332
include bingo, a skill-based amusement machine, or a pool not	333
conducted for profit. "Scheme of chance" includes the use of an	334
electronic device to reveal the results of a game entry if	335
valuable consideration is paid, directly or indirectly, for a	336
chance to win a prize. Valuable consideration is deemed to be paid	337
for a chance to win a prize in the following instances:	338

(1) Less than fifty per cent of the goods or services sold by	339
a scheme of chance operator in exchange for game entries are used	340
or redeemed by participants at any one location;	341

(2) Less than fifty per cent of participants who purchase	342
goods or services at any one location do not accept, use, or	343
redeem the goods or services sold or purportedly sold;	344

(3) More than fifty per cent of prizes at any one location	345
are revealed to participants through an electronic device	346
simulating a game of chance or a "casino game" as defined in	347
section 3772.01 of the Revised Code;	348

(4) The good or service sold by a scheme of chance operator	349
in exchange for a game entry cannot be used or redeemed in the	350
manner advertised;	351

(5) A participant pays more than fair market value for goods	352
or services offered by a scheme of chance operator in order to	353
receive one or more game entries;	354

(6) A participant may use the electronic device to purchase	355
additional game entries;	356

(7) A participant may purchase additional game entries by	357
using points or credits won as prizes while using the electronic	358
device;	359

(8) A scheme of chance operator pays out in prize money more	360
than twenty per cent of the gross revenue received at one	361
location; or	362

(9) A participant makes a purchase or exchange in order to	363
obtain any good or service that may be used to facilitate play on	364
the electronic device.	365

As used in this division, "electronic device" means a	366
mechanical, video, digital, or electronic machine or device that	367
is capable of displaying information on a screen or other	368
mechanism and that is owned, leased, or otherwise possessed by any	369
person conducting a scheme of chance, or by that person's	370
partners, affiliates, subsidiaries, or contractors.	371

(D) "Game of chance" means poker, craps, roulette, or other	372
game in which a player gives anything of value in the hope of	373
gain, the outcome of which is determined largely by chance, but	374
does not include bingo.	375

(E) "Game of chance conducted for profit" means any game of	376
chance designed to produce income for the person who conducts or	377
operates the game of chance, but does not include bingo.	378

(F) "Gambling device" means any of the following:

379

(1) A book, totalizer, or other equipment for recording bets;

380

(2) A ticket, token, or other device representing a chance,	381
share, or interest in a scheme of chance or evidencing a bet;	382

(3) A deck of cards, dice, gaming table, roulette wheel, slot	383
machine, or other apparatus designed for use in connection with a	384
game of chance;	385

(4) Any equipment, device, apparatus, or paraphernalia	386
specially designed for gambling purposes;	387

(5) Bingo supplies sold or otherwise provided, or used, in	388
violation of this chapter.	389

(G) "Gambling offense" means any of the following:

390

(1) A violation of section 2915.02, 2915.03, 2915.04,	391
2915.05, 2915.06, 2915.07, 2915.08, 2915.081, 2915.082, 2915.09,	392
2915.091, 2915.092, 2915.10, or 2915.11 of the Revised Code;	393

(2) A violation of an existing or former municipal ordinance	394
or law of this or any other state or the United States	395
substantially equivalent to any section listed in division (G)(1)	396
of this section or a violation of section 2915.06 of the Revised	397
Code as it existed prior to July 1, 1996;	398

(3) An offense under an existing or former municipal	399
ordinance or law of this or any other state or the United States,	400
of which gambling is an element;	401

(4) A conspiracy or attempt to commit, or complicity in	402
committing, any offense under division (G)(1), (2), or (3) of this	403
section.	404

(H) Except as otherwise provided in this chapter, "charitable	405
organization" means either of the following:	406

(1) An organization that is, and has received from the	407
internal revenue service a determination letter that currently is	408
in effect stating that the organization is, exempt from federal	409
income taxation under subsection 501(a) and described in	410
subsection 501(c)(3) of the Internal Revenue Code;	411

(2) A volunteer rescue service organization, volunteer	412
firefighter's organization, veteran's organization, fraternal	413
organization, or sporting organization that is exempt from federal	414
income taxation under subsection 501(c)(4), (c)(7), (c)(8),	415
(c)(10), or (c)(19) of the Internal Revenue Code.	416

To qualify as a "charitable organization," an organization	417
shall have been in continuous existence as such in this state for	418
a period of two years immediately preceding either the making of	419
an application for a bingo license under section 2915.08 of the	420
Revised Code or the conducting of any game of chance as provided	421
in division (D) of section 2915.02 of the Revised Code.	422

(I) "Religious organization" means any church, body of	423
communicants, or group that is not organized or operated for	424
profit and that gathers in common membership for regular worship	425
and religious observances.	426

(J) "Veteran's organization" means any individual post or	427
state headquarters of a national veteran's association or an	428
auxiliary unit of any individual post of a national veteran's	429
association, which post, state headquarters, or auxiliary unit is	430
incorporated as a nonprofit corporation and either has received a	431
letter from the state headquarters of the national veteran's	432
association indicating that the individual post or auxiliary unit	433
is in good standing with the national veteran's association or has	434
received a letter from the national veteran's association	435
indicating that the state headquarters is in good standing with	436
the national veteran's association. As used in this division,	437
"national veteran's association" means any veteran's association	438
that has been in continuous existence as such for a period of at	439
least five years and either is incorporated by an act of the	440
United States congress or has a national dues-paying membership of	441
at least five thousand persons.	442

(K) "Volunteer firefighter's organization" means any	443
organization of volunteer firefighters, as defined in division	444
(B)(1)(a) or (b) of section 146.01 of the Revised Code, that is	445
organized and operated exclusively to provide financial support	446
for a volunteer fire department or a volunteer fire company and	447
that is recognized or ratified by a county, municipal corporation,	448
or township.	449

(L) "Fraternal organization" means any society, order, state	450
headquarters, or association within this state, except a college	451
or high school fraternity, that is not organized for profit, that	452
is a branch, lodge, or chapter of a national or state	453
organization, that exists exclusively for the common business or	454
sodality of its members.	455

(M) "Volunteer rescue service organization" means any	456
organization of volunteers organized to function as an emergency	457
medical service organization, as defined in section 4765.01 of the	458
Revised Code.	459

(N) "Charitable bingo game" means any bingo game described in	460
division (O)(1) or (2) of this section that is conducted by a	461
charitable organization that has obtained a license pursuant to	462
section 2915.08 of the Revised Code and the proceeds of which are	463
used for a charitable purpose.	464

(O) "Bingo" means either of the following:

465

(1) A game with all of the following characteristics:

466

(a) The participants use bingo cards or sheets, including	467
paper formats and electronic representation or image formats, that	468
are divided into twenty-five spaces arranged in five horizontal	469
and five vertical rows of spaces, with each space, except the	470
central space, being designated by a combination of a letter and a	471
number and with the central space being designated as a free	472
space.	473

(b) The participants cover the spaces on the bingo cards or	474
sheets that correspond to combinations of letters and numbers that	475
are announced by a bingo game operator.	476

(c) A bingo game operator announces combinations of letters	477
and numbers that appear on objects that a bingo game operator	478
selects by chance, either manually or mechanically, from a	479
receptacle that contains seventy-five objects at the beginning of	480
each game, each object marked by a different combination of a	481
letter and a number that corresponds to one of the seventy-five	482
possible combinations of a letter and a number that can appear on	483
the bingo cards or sheets.	484

(d) The winner of the bingo game includes any participant who	485
properly announces during the interval between the announcements	486
of letters and numbers as described in division (O)(1)(c) of this	487
section, that a predetermined and preannounced pattern of spaces	488
has been covered on a bingo card or sheet being used by the	489
participant.	490

(2) Instant bingo, punch boards, and raffles.

491

(P) "Conduct" means to back, promote, organize, manage, carry	492
on, sponsor, or prepare for the operation of bingo or a game of	493
chance, a scheme of chance, or a sweepstakes.	494

(Q) "Bingo game operator" means any person, except security	495
personnel, who performs work or labor at the site of bingo,	496
including, but not limited to, collecting money from participants,	497
handing out bingo cards or sheets or objects to cover spaces on	498
bingo cards or sheets, selecting from a receptacle the objects	499
that contain the combination of letters and numbers that appear on	500
bingo cards or sheets, calling out the combinations of letters and	501
numbers, distributing prizes, selling or redeeming instant bingo	502
tickets or cards, supervising the operation of a punch board,	503
selling raffle tickets, selecting raffle tickets from a receptacle	504
and announcing the winning numbers in a raffle, and preparing,	505
selling, and serving food or beverages.	506

(R) "Participant" means any person who plays bingo.

507

(S) "Bingo session" means a period that includes both of the	508
following:	509

(1) Not to exceed five continuous hours for the conduct of	510
one or more games described in division (O)(1) of this section,	511
instant bingo, and seal cards;	512

(2) A period for the conduct of instant bingo and seal cards	513
for not more than two hours before and not more than two hours	514
after the period described in division (S)(1) of this section.	515

(T) "Gross receipts" means all money or assets, including	516
admission fees, that a person receives from bingo without the	517
deduction of any amounts for prizes paid out or for the expenses	518
of conducting bingo. "Gross receipts" does not include any money	519
directly taken in from the sale of food or beverages by a	520
charitable organization conducting bingo, or by a bona fide	521
auxiliary unit or society of a charitable organization conducting	522
bingo, provided all of the following apply:	523

(1) The auxiliary unit or society has been in existence as a	524
bona fide auxiliary unit or society of the charitable organization	525
for at least two years prior to conducting bingo.	526

(2) The person who purchases the food or beverage receives	527
nothing of value except the food or beverage and items customarily	528
received with the purchase of that food or beverage.	529

(3) The food and beverages are sold at customary and	530
reasonable prices.	531

(U) "Security personnel" includes any person who either is a	532
sheriff, deputy sheriff, marshal, deputy marshal, township	533
constable, or member of an organized police department of a	534
municipal corporation or has successfully completed a peace	535
officer's training course pursuant to sections 109.71 to 109.79 of	536
the Revised Code and who is hired to provide security for the	537
premises on which bingo is conducted.	538

(V) "Charitable purpose" means that the net profit of bingo,	539
other than instant bingo, is used by, or is given, donated, or	540
otherwise transferred to, any of the following:	541

(1) Any organization that is described in subsection	542
509(a)(1), 509(a)(2), or 509(a)(3) of the Internal Revenue Code	543
and is either a governmental unit or an organization that is tax	544
exempt under subsection 501(a) and described in subsection	545
501(c)(3) of the Internal Revenue Code;	546

(2) A veteran's organization that is a post, chapter, or	547
organization of veterans, or an auxiliary unit or society of, or a	548
trust or foundation for, any such post, chapter, or organization	549
organized in the United States or any of its possessions, at least	550
seventy-five per cent of the members of which are veterans and	551
substantially all of the other members of which are individuals	552
who are spouses, widows, or widowers of veterans, or such	553
individuals, provided that no part of the net earnings of such	554
post, chapter, or organization inures to the benefit of any	555
private shareholder or individual, and further provided that the	556
net profit is used by the post, chapter, or organization for the	557
charitable purposes set forth in division (B)(12) of section	558
5739.02 of the Revised Code, is used for awarding scholarships to	559
or for attendance at an institution mentioned in division (B)(12)	560
of section 5739.02 of the Revised Code, is donated to a	561
governmental agency, or is used for nonprofit youth activities,	562
the purchase of United States or Ohio flags that are donated to	563
schools, youth groups, or other bona fide nonprofit organizations,	564
promotion of patriotism, or disaster relief;	565

(3) A fraternal organization that has been in continuous	566
existence in this state for fifteen years and that uses the net	567
profit exclusively for religious, charitable, scientific,	568
literary, or educational purposes, or for the prevention of	569
cruelty to children or animals, if contributions for such use	570
would qualify as a deductible charitable contribution under	571
subsection 170 of the Internal Revenue Code;	572

(4) A volunteer firefighter's organization that uses the net	573
profit for the purposes set forth in division (K) of this section.	574

(W) "Internal Revenue Code" means the "Internal Revenue Code	575
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as now or hereafter	576
amended.	577

(X) "Youth athletic organization" means any organization, not	578
organized for profit, that is organized and operated exclusively	579
to provide financial support to, or to operate, athletic	580
activities for persons who are twenty-one years of age or younger	581
by means of sponsoring, organizing, operating, or contributing to	582
the support of an athletic team, club, league, or association.	583

(Y) "Youth athletic park organization" means any	584
organization, not organized for profit, that satisfies both of the	585
following:	586

(1) It owns, operates, and maintains playing fields that	587
satisfy both of the following:	588

(a) The playing fields are used at least one hundred days per	589
year for athletic activities by one or more organizations, not	590
organized for profit, each of which is organized and operated	591
exclusively to provide financial support to, or to operate,	592
athletic activities for persons who are eighteen years of age or	593
younger by means of sponsoring, organizing, operating, or	594
contributing to the support of an athletic team, club, league, or	595
association.	596

(b) The playing fields are not used for any profit-making	597
activity at any time during the year.	598

(2) It uses the proceeds of bingo it conducts exclusively for	599
the operation, maintenance, and improvement of its playing fields	600
of the type described in division (Y)(1) of this section.	601

(Z) "Bingo supplies" means bingo cards or sheets; instant	602
bingo tickets or cards; electronic bingo aids; raffle tickets;	603
punch boards; seal cards; instant bingo ticket dispensers; and	604
devices for selecting or displaying the combination of bingo	605
letters and numbers or raffle tickets. Items that are "bingo	606
supplies" are not gambling devices if sold or otherwise provided,	607
and used, in accordance with this chapter. For purposes of this	608
chapter, "bingo supplies" are not to be considered equipment used	609
to conduct a bingo game.	610

(AA) "Instant bingo" means a form of bingo that shall use	611
folded or banded tickets or paper cards with perforated break-open	612
tabs, a face of which is covered or otherwise hidden from view to	613
conceal a number, letter, or symbol, or set of numbers, letters,	614
or symbols, some of which have been designated in advance as prize	615
winners, and may also include games in which some winners are	616
determined by the random selection of one or more bingo numbers by	617
the use of a seal card or bingo blower. In all "instant bingo" the	618
prize amount and structure shall be predetermined. "Instant bingo"	619
does not include any device that is activated by the insertion of	620
a coin, currency, token, or an equivalent, and that contains as	621
one of its components a video display monitor that is capable of	622
displaying numbers, letters, symbols, or characters in winning or	623
losing combinations.	624

(BB) "Seal card" means a form of instant bingo that uses	625
instant bingo tickets in conjunction with a board or placard that	626
contains one or more seals that, when removed or opened, reveal	627
predesignated winning numbers, letters, or symbols.	628

(CC) "Raffle" means a form of bingo in which the one or more	629
prizes are won by one or more persons who have purchased a raffle	630
ticket. The one or more winners of the raffle are determined by	631
drawing a ticket stub or other detachable section from a	632
receptacle containing ticket stubs or detachable sections	633
corresponding to all tickets sold for the raffle. "Raffle" does	634
not include the drawing of a ticket stub or other detachable	635
section of a ticket purchased to attend a professional sporting	636
event if both of the following apply:	637

(1) The ticket stub or other detachable section is used to	638
select the winner of a free prize given away at the professional	639
sporting event; and	640

(2) The cost of the ticket is the same as the cost of a	641
ticket to the professional sporting event on days when no free	642
prize is given away.	643

(DD) "Punch board" means a board containing a number of holes	644
or receptacles of uniform size in which are placed, mechanically	645
and randomly, serially numbered slips of paper that may be punched	646
or drawn from the hole or receptacle when used in conjunction with	647
instant bingo. A player may punch or draw the numbered slips of	648
paper from the holes or receptacles and obtain the prize	649
established for the game if the number drawn corresponds to a	650
winning number or, if the punch board includes the use of a seal	651
card, a potential winning number.	652

(EE) "Gross profit" means gross receipts minus the amount	653
actually expended for the payment of prize awards.	654

(FF) "Net profit" means gross profit minus expenses.

655

(GG) "Expenses" means the reasonable amount of gross profit	656
actually expended for all of the following:	657

(1) The purchase or lease of bingo supplies;

658

(2) The annual license fee required under section 2915.08 of	659
the Revised Code;	660

(3) Bank fees and service charges for a bingo session or game	661
account described in section 2915.10 of the Revised Code;	662

(4) Audits and accounting services;

663

(5) Safes;

664

(6) Cash registers;

665

(7) Hiring security personnel;

666

(8) Advertising bingo;

667

(9) Renting premises in which to conduct a bingo session;

668

(10) Tables and chairs;

669

(11) Expenses for maintaining and operating a charitable	670
organization's facilities, including, but not limited to, a post	671
home, club house, lounge, tavern, or canteen and any grounds	672
attached to the post home, club house, lounge, tavern, or canteen;	673

(12) Payment of real property taxes and assessments that are	674
levied on a premises on which bingo is conducted;	675

(13) Any other product or service directly related to the	676
conduct of bingo that is authorized in rules adopted by the	677
attorney general under division (B)(1) of section 2915.08 of the	678
Revised Code.	679

(HH) "Person" has the same meaning as in section 1.59 of the	680
Revised Code and includes any firm or any other legal entity,	681
however organized.	682

(II) "Revoke" means to void permanently all rights and	683
privileges of the holder of a license issued under section	684
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	685
gaming license issued by another jurisdiction.	686

(JJ) "Suspend" means to interrupt temporarily all rights and	687
privileges of the holder of a license issued under section	688
2915.08, 2915.081, or 2915.082 of the Revised Code or a charitable	689
gaming license issued by another jurisdiction.	690

(KK) "Distributor" means any person who purchases or obtains	691
bingo supplies and who does either of the following:	692

(1) Sells, offers for sale, or otherwise provides or offers	693
to provide the bingo supplies to another person for use in this	694
state;	695

(2) Modifies, converts, adds to, or removes parts from the	696
bingo supplies to further their promotion or sale for use in this	697
state.	698

(LL) "Manufacturer" means any person who assembles completed	699
bingo supplies from raw materials, other items, or subparts or who	700
modifies, converts, adds to, or removes parts from bingo supplies	701
to further their promotion or sale.	702

(MM) "Gross annual revenues" means the annual gross receipts	703
derived from the conduct of bingo described in division (O)(1) of	704
this section plus the annual net profit derived from the conduct	705
of bingo described in division (O)(2) of this section.	706

(NN) "Instant bingo ticket dispenser" means a mechanical	707
device that dispenses an instant bingo ticket or card as the sole	708
item of value dispensed and that has the following	709
characteristics:	710

(1) It is activated upon the insertion of United States	711
currency.	712

(2) It performs no gaming functions.

713

(3) It does not contain a video display monitor or generate	714
noise.	715

(4) It is not capable of displaying any numbers, letters,	716
symbols, or characters in winning or losing combinations.	717

(5) It does not simulate or display rolling or spinning	718
reels.	719

(6) It is incapable of determining whether a dispensed bingo	720
ticket or card is a winning or nonwinning ticket or card and	721
requires a winning ticket or card to be paid by a bingo game	722
operator.	723

(7) It may provide accounting and security features to aid in	724
accounting for the instant bingo tickets or cards it dispenses.	725

(8) It is not part of an electronic network and is not	726
interactive.	727

(OO)(1) "Electronic bingo aid" means an electronic device	728
used by a participant to monitor bingo cards or sheets purchased	729
at the time and place of a bingo session and that does all of the	730
following:	731

(a) It provides a means for a participant to input numbers	732
and letters announced by a bingo caller.	733

(b) It compares the numbers and letters entered by the	734
participant to the bingo faces previously stored in the memory of	735
the device.	736

(c) It identifies a winning bingo pattern.

737

(2) "Electronic bingo aid" does not include any device into	738
which a coin, currency, token, or an equivalent is inserted to	739
activate play.	740

(PP) "Deal of instant bingo tickets" means a single game of	741
instant bingo tickets all with the same serial number.	742

(QQ)(1) "Slot machine" means either of the following:

743

(a) Any mechanical, electronic, video, or digital device that	744
is capable of accepting anything of value, directly or indirectly,	745
from or on behalf of a player who gives the thing of value in the	746
hope of gain;	747

(b) Any mechanical, electronic, video, or digital device that	748
is capable of accepting anything of value, directly or indirectly,	749
from or on behalf of a player to conduct bingo or a scheme or game	750
of chance.	751

(2) "Slot machine" does not include a skill-based amusement	752
machine or an instant bingo ticket dispenser.	753

(RR) "Net profit from the proceeds of the sale of instant	754
bingo" means gross profit minus the ordinary, necessary, and	755
reasonable expense expended for the purchase of instant bingo	756
supplies, and, in the case of instant bingo conducted by a	757
veteran's, fraternal, or sporting organization, minus the payment	758
by that organization of real property taxes and assessments levied	759
on a premises on which instant bingo is conducted.	760

(SS) "Charitable instant bingo organization" means an	761
organization that is exempt from federal income taxation under	762
subsection 501(a) and described in subsection 501(c)(3) of the	763
Internal Revenue Code and is a charitable organization as defined	764
in this section. A "charitable instant bingo organization" does	765
not include a charitable organization that is exempt from federal	766
income taxation under subsection 501(a) and described in	767
subsection 501(c)(3) of the Internal Revenue Code and that is	768
created by a veteran's organization, a fraternal organization, or	769
a sporting organization in regards to bingo conducted or assisted	770
by a veteran's organization, a fraternal organization, or a	771
sporting organization pursuant to section 2915.13 of the Revised	772
Code.	773

(TT) "Game flare" means the board or placard that accompanies	774
each deal of instant bingo tickets and that has printed on or	775
affixed to it the following information for the game:	776

(1) The name of the game;

777

(2) The manufacturer's name or distinctive logo;

778

(3) The form number;

779

(4) The ticket count;

780

(5) The prize structure, including the number of winning	781
instant bingo tickets by denomination and the respective winning	782
symbol or number combinations for the winning instant bingo	783
tickets;	784

(6) The cost per play;

785

(7) The serial number of the game.

786

(UU)(1) "Skill-based amusement machine" means a mechanical,	787
video, digital, or electronic device that rewards the player or	788
players, if at all, only with merchandise prizes or with	789
redeemable vouchers redeemable only for merchandise prizes,	790
provided that with respect to rewards for playing the game all of	791
the following apply:	792

(a) The wholesale value of a merchandise prize awarded as a	793
result of the single play of a machine does not exceed ten	794
dollars;	795

(b) Redeemable vouchers awarded for any single play of a	796
machine are not redeemable for a merchandise prize with a	797
wholesale value of more than ten dollars;	798

(c) Redeemable vouchers are not redeemable for a merchandise	799
prize that has a wholesale value of more than ten dollars times	800
the fewest number of single plays necessary to accrue the	801
redeemable vouchers required to obtain that prize; and	802

(d) Any redeemable vouchers or merchandise prizes are	803
distributed at the site of the skill-based amusement machine at	804
the time of play.	805

A card for the purchase of gasoline is a redeemable voucher	806
for purposes of division (UU)(1) of this section even if the	807
skill-based amusement machine for the play of which the card is	808
awarded is located at a place where gasoline may not be legally	809
distributed to the public or the card is not redeemable at the	810
location of, or at the time of playing, the skill-based amusement	811
machine.	812

(2) A device shall not be considered a skill-based amusement	813
machine and shall be considered a slot machine if it pays cash or	814
one or more of the following apply:	815

(a) The ability of a player to succeed at the game is	816
impacted by the number or ratio of prior wins to prior losses of	817
players playing the game.	818

(b) Any reward of redeemable vouchers is not based solely on	819
the player achieving the object of the game or the player's score;	820

(c) The outcome of the game, or the value of the redeemable	821
voucher or merchandise prize awarded for winning the game, can be	822
controlled by a source other than any player playing the game.	823

(d) The success of any player is or may be determined by a	824
chance event that cannot be altered by player actions.	825

(e) The ability of any player to succeed at the game is	826
determined by game features not visible or known to the player.	827

(f) The ability of the player to succeed at the game is	828
impacted by the exercise of a skill that no reasonable player	829
could exercise.	830

(3) All of the following apply to any machine that is	831
operated as described in division (UU)(1) of this section:	832

(a) As used in division (UU) of this section, "game" and	833
"play" mean one event from the initial activation of the machine	834
until the results of play are determined without payment of	835
additional consideration. An individual utilizing a machine that	836
involves a single game, play, contest, competition, or tournament	837
may be awarded redeemable vouchers or merchandise prizes based on	838
the results of play.	839

(b) Advance play for a single game, play, contest,	840
competition, or tournament participation may be purchased. The	841
cost of the contest, competition, or tournament participation may	842
be greater than a single noncontest, competition, or tournament	843
play.	844

(c) To the extent that the machine is used in a contest,	845
competition, or tournament, that contest, competition, or	846
tournament has a defined starting and ending date and is open to	847
participants in competition for scoring and ranking results toward	848
the awarding of redeemable vouchers or merchandise prizes that are	849
stated prior to the start of the contest, competition, or	850
tournament.	851

(4) For purposes of division (UU)(1) of this section, the	852
mere presence of a device, such as a pin-setting, ball-releasing,	853
or scoring mechanism, that does not contribute to or affect the	854
outcome of the play of the game does not make the device a	855
skill-based amusement machine.	856

(VV) "Merchandise prize" means any item of value, but shall	857
not include any of the following:	858

(1) Cash, gift cards, or any equivalent thereof;

859

(2) Plays on games of chance, state lottery tickets, bingo,	860
or instant bingo;	861

(3) Firearms, tobacco, or alcoholic beverages; or

862

(4) A redeemable voucher that is redeemable for any of the	863
items listed in division (VV)(1), (2), or (3) of this section.	864

(WW) "Redeemable voucher" means any ticket, token, coupon,	865
receipt, or other noncash representation of value.	866

(XX) "Pool not conducted for profit" means a scheme in which	867
a participant gives a valuable consideration for a chance to win a	868
prize and the total amount of consideration wagered is distributed	869
to a participant or participants.	870

(YY) "Sporting organization" means a hunting, fishing, or	871
trapping organization, other than a college or high school	872
fraternity or sorority, that is not organized for profit, that is	873
affiliated with a state or national sporting organization,	874
including but not limited to, the league of Ohio sportsmen, and	875
that has been in continuous existence in this state for a period	876
of three years.	877

(ZZ) "Community action agency" has the same meaning as in	878
section 122.66 of the Revised Code.	879

(AAA)(1) "Sweepstakes terminal device" means a mechanical,	880
video, digital, or electronic machine or device that is owned,	881
leased, or otherwise possessed by any person conducting a	882
sweepstakes, or by that person's partners, affiliates,	883
subsidiaries, or contractors, that is intended to be used by a	884
sweepstakes participant, and that is capable of displaying	885
information on a screen or other mechanism. A device is a	886
sweepstakes terminal device if any of the following apply:	887

(a) The device uses a simulated game terminal as a	888
representation of the prizes associated with the results of the	889
sweepstakes entries.	890

(b) The device utilizes software such that the simulated game	891
influences or determines the winning of or value of the prize.	892

(c) The device selects prizes from a predetermined finite	893
pool of entries.	894

(d) The device utilizes a mechanism that reveals the content	895
of a predetermined sweepstakes entry.	896

(e) The device predetermines the prize results and stores	897
those results for delivery at the time the sweepstakes entry	898
results are revealed.	899

(f) The device utilizes software to create a game result.

900

(g) The device reveals the prize incrementally, even though	901
the device does not influence the awarding of the prize or the	902
value of any prize awarded.	903

(h) The device determines and associates the prize with an	904
entry or entries at the time the sweepstakes is entered.	905

(2) As used in this division and in section 2915.02 of the	906
Revised Code:	907

(a) "Enter" means the act by which a person becomes eligible	908
to receive any prize offered in a sweepstakes.	909

(b) "Entry" means one event from the initial activation of	910
the sweepstakes terminal device until all the sweepstakes prize	911
results from that activation are revealed.	912

(c) "Prize" means any gift, award, gratuity, good, service,	913
credit, reward, or any other thing of value that may be	914
transferred to a person, whether possession of the prize is	915
actually transferred, or placed on an account or other record as	916
evidence of the intent to transfer the prize.	917

(d) "Sweepstakes terminal device facility" means any location	918
in this state where a sweepstakes terminal device is provided to a	919
sweepstakes participant, except as provided in division (G) of	920
section 2915.02 of the Revised Code.	921

(BBB) "Sweepstakes" means any game, contest, advertising	922
scheme or plan, or other promotion where consideration is not	923
required for a person to enter to win or become eligible to	924
receive any prize, the determination of which is based upon	925
chance. "Sweepstakes" does not include bingo as authorized under	926
this chapter, pari-mutuel wagering as authorized by Chapter 3769.	927
of the Revised Code, lotteries conducted by the state lottery	928
commission as authorized by Chapter 3770. of the Revised Code, and	929
casino gaming as authorized by Chapter 3772. of the Revised Code.	930

Sec. 3333.26.  (A) Any citizen of this state who has resided	931
within the state for one year, who was in the active service of	932
the United States as a soldier, sailor, nurse, or marine between	933
April 6, 1917, and November 11, 1918, and who has been honorably	934
discharged from that service, shall be admitted to any school,	935
college, or university that receives state funds in support	936
thereof, without being required to pay any tuition or	937
matriculation fee, but is not relieved from the payment of	938
laboratory or similar fees.	939

(B)(1) As used in this division:

940

(a) "Volunteer firefighter" has the meaning as in division	941
(B)(1)(a) or (b) of section 146.01 of the Revised Code.	942

(b) "Public service officer" means an Ohio firefighter,	943
volunteer firefighter, police officer, member of the state highway	944
patrol, employee designated to exercise the powers of police	945
officers pursuant to section 1545.13 of the Revised Code, or other	946
peace officer as defined by division (B) of section 2935.01 of the	947
Revised Code, or a person holding any equivalent position in	948
another state.	949

(c) "Qualified former spouse" means the former spouse of a	950
public service officer, or of a member of the armed services of	951
the United States, who is the custodial parent of a minor child of	952
that marriage pursuant to an order allocating the parental rights	953
and responsibilities for care of the child issued pursuant to	954
section 3109.04 of the Revised Code.	955

(d) "Operation enduring freedom" means that period of	956
conflict which began October 7, 2001, and ends on a date declared	957
by the president of the United States or the congress.	958

(e) "Operation Iraqi freedom" means that period of conflict	959
which began March 20, 2003, and ends on a date declared by the	960
president of the United States or the congress.	961

(f) "Combat zone" means an area that the president of the	962
United States by executive order designates, for purposes of 26	963
U.S.C. 112, as an area in which armed forces of the United States	964
are or have engaged in combat.	965

(2) Any resident of this state who is under twenty-six years	966
of age, or under thirty years of age if the resident has been	967
honorably discharged from the armed services of the United States,	968
who is the child of a public service officer killed in the line of	969
duty or of a member of the armed services of the United States	970
killed in the line of duty during operation enduring freedom or	971
operation Iraqi freedom, and who is admitted to any state	972
university or college as defined in division (A)(1) of section	973
3345.12 of the Revised Code, community college, state community	974
college, university branch, or technical college shall not be	975
required to pay any tuition or any student fee for up to four	976
academic years of education, which shall be at the undergraduate	977
level.	978

A child of a member of the armed services of the United	979
States killed in the line of duty during operation enduring	980
freedom or operation Iraqi freedom is eligible for a waiver of	981
tuition and student fees under this division only if the student	982
is not eligible for a war orphans scholarship authorized by	983
Chapter 5910. of the Revised Code. In any year in which the war	984
orphans scholarship board reduces the percentage of tuition	985
covered by a war orphans scholarship below one hundred per cent	986
pursuant to division (A) of section 5910.04 of the Revised Code,	987
the waiver of tuition and student fees under this division for a	988
child of a member of the armed services of the United States	989
killed in the line of duty during operation enduring freedom or	990
operation Iraqi freedom shall be reduced by the same percentage.	991

(3) Any resident of this state who is the spouse or qualified	992
former spouse of a public service officer killed in the line of	993
duty, and who is admitted to any state university or college as	994
defined in division (A)(1) of section 3345.12 of the Revised Code,	995
community college, state community college, university branch, or	996
technical college, shall not be required to pay any tuition or any	997
student fee for up to four academic years of education, which	998
shall be at the undergraduate level.	999

(4) Any resident of this state who is the spouse or qualified	1000
former spouse of a member of the armed services of the United	1001
States killed in the line of duty while serving in a combat zone	1002
after May 7, 1975, and who is admitted to any state university or	1003
college as defined in division (A)(1) of section 3345.12 of the	1004
Revised Code, community college, state community college,	1005
university branch, or technical college, shall not be required to	1006
pay any tuition or any student fee for up to four years of	1007
academic education, which shall be at the undergraduate level. In	1008
order to qualify under division (B)(4) of this section, the spouse	1009
or qualified former spouse shall have been a resident of this	1010
state at the time the member was killed in the line of duty.	1011

(C) Any institution that is not subject to division (B) of	1012
this section and that holds a valid certificate of registration	1013
issued under Chapter 3332. of the Revised Code, a valid	1014
certificate issued under Chapter 4709. of the Revised Code, or a	1015
valid license issued under Chapter 4713. of the Revised Code, or	1016
that is nonprofit and has a certificate of authorization issued	1017
under section 1713.02 of the Revised Code, or that is a private	1018
institution exempt from regulation under Chapter 3332. of the	1019
Revised Code as prescribed in section 3333.046 of the Revised	1020
Code, which reduces tuition and student fees of a student who is	1021
eligible to attend an institution of higher education under the	1022
provisions of division (B) of this section by an amount indicated	1023
by the chancellor of the Ohio board of regents shall be eligible	1024
to receive a grant in that amount from the chancellor.	1025

Each institution that enrolls students under division (B) of	1026
this section shall report to the chancellor, by the first day of	1027
July of each year, the number of students who were so enrolled and	1028
the average amount of all such tuition and student fees waived	1029
during the preceding year. The chancellor shall determine the	1030
average amount of all such tuition and student fees waived during	1031
the preceding year. The average amount of the tuition and student	1032
fees waived under division (B) of this section during the	1033
preceding year shall be the amount of grants that participating	1034
institutions shall receive under this division during the current	1035
year, but no grant under this division shall exceed the tuition	1036
and student fees due and payable by the student prior to the	1037
reduction referred to in this division. The grants shall be made	1038
for four years of undergraduate education of an eligible student.	1039

Sec. 4113.41. (A) No employer shall terminate an employee who	1040
is a member of a volunteer fire department, or who is employed by	1041
a political subdivision of this state as a volunteer firefighter,	1042
or who is a volunteer provider of emergency medical services	1043
because that employee, when acting as a volunteer firefighter or a	1044
volunteer provider of emergency medical services, is absent from	1045
or late to the employee's employment in order to respond to an	1046
emergency prior to the time the employee is to report to work. An	1047
employer may charge any time that an employee who is a volunteer	1048
firefighter or a volunteer provider of emergency medical services	1049
loses from employment because of the employee's response to an	1050
emergency against the employee's regular pay.	1051

(B) An employee who is a volunteer firefighter or volunteer	1052
provider of emergency medical services shall do all of the	1053
following:	1054

(1) Not later than thirty days after receiving certification	1055
as a volunteer firefighter or a volunteer provider of emergency	1056
services, submit to the employee's employer a written notification	1057
signed by the chief of the volunteer fire department with which	1058
the employee serves, or the medical director or chief	1059
administrator of the cooperating physician advisory board of the	1060
emergency medical organization with which the employee serves, to	1061
notify the employer of the employee's status as a volunteer	1062
firefighter or volunteer provider of emergency services;	1063

(2) Make every effort to notify the employee's employer that	1064
the employee may report late to or be absent from work due to the	1065
employee's dispatch to an emergency.	1066

If notification of dispatch to an emergency cannot be made	1067
either due to the extreme circumstances of the emergency or the	1068
inability to contact the employer, then the employee shall submit	1069
to the employee's employer a written explanation from the chief of	1070
the volunteer fire department with which the employee serves, or	1071
the medical director or chief administrator of the cooperating	1072
physician advisory board of the emergency medical service	1073
organization with which the employee serves, as applicable, to	1074
explain why prior notice was not given.	1075

(C) At the employer's request, an employee who loses time	1076
from the employee's employment to respond to an emergency shall	1077
provide the employer with a written statement from the chief of	1078
the volunteer fire department or the medical director or chief	1079
administrator of the cooperating physician advisory board of the	1080
emergency medical service organization, as applicable, stating	1081
that the employee responded to an emergency and listing the time	1082
of that response.	1083

(D) An employee who is a member of a volunteer fire	1084
department, or who is employed by a political subdivision of this	1085
state as a volunteer firefighter, or who is a volunteer provider	1086
of emergency medical services shall notify that employee's	1087
employer when the employee's status as a volunteer firefighter or	1088
volunteer provider of emergency medical services changes,	1089
including when the employee's status as a volunteer firefighter or	1090
volunteer provider of emergency medical services is terminated.	1091

(E) If an employer purposely violates division (A) of this	1092
section, the employee may bring a civil action for reinstatement	1093
to the employee's former position of employment, payment of back	1094
wages, and full reinstatement of fringe benefits and seniority	1095
rights. An action to enforce this section shall be commenced	1096
within one year after the date of the violation in the court of	1097
common pleas of the county where the place of employment is	1098
located.	1099

(F) As used in this section:

1100

(1) "Emergency" means going to, attending to, or coming from	1101
a fire, hazardous or toxic materials spill and cleanup, medical	1102
emergency, or other situation that poses an imminent threat of	1103
loss of life or property to which the fire department or provider	1104
of emergency medical services has been or later could be	1105
dispatched.	1106

(2) "Emergency medical services" and "emergency medical	1107
service organization" have the same meanings as in section 4765.01	1108
of the Revised Code.	1109

(3) "Volunteer firefighter" has the same meaning as in	1110
division (B)(1)(a) or (b) of section 146.01 of the Revised Code.	1111

Sec. 4765.01.  As used in this chapter:

1112

(A) "First responder" means an individual who holds a	1113
current, valid certificate issued under section 4765.30 of the	1114
Revised Code to practice as a first responder.	1115

(B) "Emergency medical technician-basic" or "EMT-basic" means	1116
an individual who holds a current, valid certificate issued under	1117
section 4765.30 of the Revised Code to practice as an emergency	1118
medical technician-basic.	1119

(C) "Emergency medical technician-intermediate" or "EMT-I"	1120
means an individual who holds a current, valid certificate issued	1121
under section 4765.30 of the Revised Code to practice as an	1122
emergency medical technician-intermediate.	1123

(D) "Emergency medical technician-paramedic" or "paramedic"	1124
means an individual who holds a current, valid certificate issued	1125
under section 4765.30 of the Revised Code to practice as an	1126
emergency medical technician-paramedic.	1127

(E) "Ambulance" means any motor vehicle that is used, or is	1128
intended to be used, for the purpose of responding to emergency	1129
medical situations, transporting emergency patients, and	1130
administering emergency medical service to patients before,	1131
during, or after transportation.	1132

(F) "Cardiac monitoring" means a procedure used for the	1133
purpose of observing and documenting the rate and rhythm of a	1134
patient's heart by attaching electrical leads from an	1135
electrocardiograph monitor to certain points on the patient's body	1136
surface.	1137

(G) "Emergency medical service" means any of the services	1138
described in sections 4765.35, 4765.37, 4765.38, and 4765.39 of	1139
the Revised Code that are performed by first responders, emergency	1140
medical technicians-basic, emergency medical	1141
technicians-intermediate, and paramedics. "Emergency medical	1142
service" includes such services performed before or during any	1143
transport of a patient, including transports between hospitals and	1144
transports to and from helicopters.	1145

(H) "Emergency medical service organization" means a public	1146
or private organization using first responders, EMTs-basic,	1147
EMTs-I, or paramedics, or a combination of first responders,	1148
EMTs-basic, EMTs-I, and paramedics, to provide emergency medical	1149
services.	1150

(I) "Physician" means an individual who holds a current,	1151
valid certificate issued under Chapter 4731. of the Revised Code	1152
authorizing the practice of medicine and surgery or osteopathic	1153
medicine and surgery.	1154

(J) "Registered nurse" means an individual who holds a	1155
current, valid license issued under Chapter 4723. of the Revised	1156
Code authorizing the practice of nursing as a registered nurse.	1157

(K) "Volunteer" means a person who provides services either	1158
for no compensation or for compensation that does not exceed the	1159
actual expenses incurred in providing the services or in training	1160
to provide the services.	1161

(L) "Emergency medical service personnel" means first	1162
responders, emergency medical service technicians-basic, emergency	1163
medical service technicians-intermediate, emergency medical	1164
service technicians-paramedic, and persons who provide medical	1165
direction to such persons.	1166

(M) "Hospital" has the same meaning as in section 3727.01 of	1167
the Revised Code.	1168

(N) "Trauma" or "traumatic injury" means severe damage to or	1169
destruction of tissue that satisfies both of the following	1170
conditions:	1171

(1) It creates a significant risk of any of the following:

1172

(a) Loss of life;

1173

(b) Loss of a limb;

1174

(c) Significant, permanent disfigurement;

1175

(d) Significant, permanent disability.

1176

(2) It is caused by any of the following:

1177

(a) Blunt or penetrating injury;

1178

(b) Exposure to electromagnetic, chemical, or radioactive	1179
energy;	1180

(c) Drowning, suffocation, or strangulation;

1181

(d) A deficit or excess of heat.

1182

(O) "Trauma victim" or "trauma patient" means a person who	1183
has sustained a traumatic injury.	1184

(P) "Trauma care" means the assessment, diagnosis,	1185
transportation, treatment, or rehabilitation of a trauma victim by	1186
emergency medical service personnel or by a physician, nurse,	1187
physician assistant, respiratory therapist, physical therapist,	1188
chiropractor, occupational therapist, speech-language pathologist,	1189
audiologist, or psychologist licensed to practice as such in this	1190
state or another jurisdiction.	1191

(Q) "Trauma center" means all of the following:

1192

(1) Any hospital that is verified by the American college of	1193
surgeons as an adult or pediatric trauma center;	1194

(2) Any hospital that is operating as an adult or pediatric	1195
trauma center under provisional status pursuant to section	1196
3727.101 of the Revised Code;	1197

(3) Until December 31, 2004, any hospital in this state that	1198
is designated by the director of health as a level II pediatric	1199
trauma center under section 3727.081 of the Revised Code;	1200

(4) Any hospital in another state that is licensed or	1201
designated under the laws of that state as capable of providing	1202
specialized trauma care appropriate to the medical needs of the	1203
trauma patient.	1204

(R) "Pediatric" means involving a patient who is less than	1205
sixteen years of age.	1206

(S) "Adult" means involving a patient who is not a pediatric	1207
patient.	1208

(T) "Geriatric" means involving a patient who is at least	1209
seventy years old or exhibits significant anatomical or	1210
physiological characteristics associated with advanced aging.	1211

(U) "Air medical organization" means an organization that	1212
provides emergency medical services, or transports emergency	1213
victims, by means of fixed or rotary wing aircraft.	1214

(V) "Emergency care" and "emergency facility" have the same	1215
meanings as in section 3727.01 of the Revised Code.	1216

(W) "Stabilize," except as it is used in division (B) of	1217
section 4765.35 of the Revised Code with respect to the manual	1218
stabilization of fractures, has the same meaning as in section	1219
1753.28 of the Revised Code.	1220

(X) "Transfer" has the same meaning as in section 1753.28 of	1221
the Revised Code.	1222

(Y) "Firefighter" means any member of a fire department as	1223
defined in section 742.01 of the Revised Code.	1224

(Z) "Volunteer firefighter" has the same meaning as in	1225
division (B)(1)(a) or (b) of section 146.01 of the Revised Code.	1226

(AA) "Part-time paid firefighter" means a person who provides	1227
firefighting services on less than a full-time basis, is routinely	1228
scheduled to be present on site at a fire station or other	1229
designated location for purposes of responding to a fire or other	1230
emergency, and receives more than nominal compensation for the	1231
provision of firefighting services.	1232

(BB) "Physician assistant" means an individual who holds a	1233
valid certificate to practice as a physician assistant issued	1234
under Chapter 4730. of the Revised Code.	1235

Section 2. That existing sections 124.1310, 146.01, 146.12,	1236
2915.01, 3333.26, 4113.41, and 4765.01 of the Revised Code are	1237
hereby repealed.	1238