Bill Text: OH HB8 | 2013-2014 | 130th General Assembly | Engrossed

Ohio House Bill 8 (Prior Session Legislation)

Bill Title: 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.

Spectrum: Strong Partisan Bill (Republican 27-2)

Status: (Engrossed - Dead) 2014-01-23 - To Civil Justice [HB8 Detail]

Download: Ohio-2013-HB8-Engrossed.html

As Passed by the House

130th General Assembly

Regular Session

2013-2014

Am. Sub. H. B. No. 8

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,	20
3313.536, and 4117.08 be amended and sections 3313.94, 3314.43,	21
and 3326.28 of the Revised Code be enacted to read as follows:	22

Sec. 109.78. (A) The executive director of the Ohio peace	23
officer training commission, on behalf of the commission and in	24
accordance with rules promulgated by the attorney general, shall	25
certify persons who have satisfactorily completed approved	26
training programs designed to qualify persons for positions as	27
special police, security guards, or persons otherwise privately	28
employed in a police capacity and issue appropriate certificates	29
to such persons. Application for approval of a training program	30
designed to qualify persons for such positions shall be made to	31
the commission. An application for approval shall be submitted to	32
the commission with a fee of one hundred twenty-five dollars,	33
which fee shall be refunded if the application is denied. Such	34
programs shall cover only duties and jurisdiction of such security	35
guards and special police privately employed in a police capacity	36
when such officers do not qualify for training under section	37
109.71 of the Revised Code. A person attending an approved basic	38
training program administered by the state shall pay to the agency	39
administering the program the cost of the person's participation	40
in the program as determined by the agency. A person attending an	41
approved basic training program administered by a county or	42
municipal corporation shall pay the cost of the person's	43
participation in the program, as determined by the administering	44
subdivision, to the county or the municipal corporation. A person	45
who is issued a certificate for satisfactory completion of an	46
approved basic training program shall pay to the commission a fee	47
of fifteen dollars. A duplicate of a lost, spoliated, or destroyed	48
certificate may be issued upon application and payment of a fee of	49
fifteen dollars. Such certificate or the completion of twenty	50
years of active duty as a peace officer shall satisfy the	51
educational requirements for appointment or commission as a	52
special police officer or special deputy of a political	53
subdivision of this state.	54

(B)(1) The executive director of the Ohio peace officer	55
training commission, on behalf of the commission and in accordance	56
with rules promulgated by the attorney general, shall certify	57
basic firearms training programs, and shall issue certificates to	58
class A, B, or C licensees or prospective class A, B, or C	59
licensees under Chapter 4749. of the Revised Code and to	60
registered or prospective employees of such class A, B, or C	61
licensees who have satisfactorily completed a basic firearms	62
training program of the type described in division (A)(1) of	63
section 4749.10 of the Revised Code.	64

Application for approval of a basic firearms training program	65
shall be made to the commission. An application shall be submitted	66
to the commission with a fee of one hundred dollars, which fee	67
shall be refunded if the application is denied.	68

A person who is issued a certificate for satisfactory	69
completion of an approved basic firearms training program shall	70
pay a fee of ten dollars to the commission. A duplicate of a lost,	71
spoliated, or destroyed certificate may be issued upon application	72
and payment of a fee of five dollars.	73

(2) The executive director, on behalf of the commission and	74
in accordance with rules promulgated by the attorney general, also	75
shall certify firearms requalification training programs and	76
instructors for the annual requalification of class A, B, or C	77
licensees under Chapter 4749. of the Revised Code and registered	78
or prospective employees of such class A, B, or C licensees who	79
are authorized to carry a firearm under section 4749.10 of the	80
Revised Code. Application for approval of a training program or	81
instructor for such purpose shall be made to the commission. Such	82
an application shall be submitted to the commission with a fee of	83
fifty dollars, which fee shall be refunded if the application is	84
denied.	85

(3) The executive director, upon request, also shall review	86
firearms training received within three years prior to November	87
23, 1985, by any class A, B, or C licensee or prospective class A,	88
B, or C licensee, or by any registered or prospective employee of	89
any class A, B, or C licensee under Chapter 4749. of the Revised	90
Code to determine if the training received is equivalent to a	91
basic firearms training program that includes twenty hours of	92
handgun training and five hours of training in the use of other	93
firearms, if any other firearm is to be used. If the executive	94
director determines the training was received within the	95
three-year period and that it is equivalent to such a program, the	96
executive director shall issue written evidence of approval of the	97
equivalency training to the licensee or employee.	98

(C) There is hereby established in the state treasury the	99
peace officer private security fund, which shall be used by the	100
Ohio peace officer training commission to administer the training	101
program to qualify persons for positions as special police,	102
security guards, or other private employment in a police capacity,	103
as described in division (A) of this section, and the training	104
program in basic firearms and the training program for firearms	105
requalification, both as described in division (B) of this	106
section. All fees paid to the commission by applicants for	107
approval of a training program designed to qualify persons for	108
such private police positions, basic firearms training program, or	109
a firearms requalification training program or instructor, as	110
required by division (A) or (B) of this section, by persons who	111
satisfactorily complete a private police training program or a	112
basic firearms training program, as required by division (A) or	113
(B) of this section, or by persons who satisfactorily requalify in	114
firearms use, as required by division (B)(2) of section 4749.10 of	115
the Revised Code, shall be transmitted to the treasurer of state	116
for deposit in the fund. The fund shall be used only for the	117
purpose set forth in this division.	118

(D) No public or private educational institution or	119
superintendent of the state highway patrol shall employ a person	120
as a special police officer, security guard, or other position in	121
which such person goes armed while on duty, who has not received a	122
certificate of having satisfactorily completed an approved basic	123
peace officer training program, unless the person has completed	124
twenty years of active duty as a peace officer. This division does	125
not apply to a person authorized to carry a concealed handgun	126
under a school safety plan adopted pursuant to section 3313.536 of	127
the Revised Code.	128

Sec. 121.22. (A) This section shall be liberally construed	129
to require public officials to take official action and to conduct	130
all deliberations upon official business only in open meetings	131
unless the subject matter is specifically excepted by law.	132

(B) As used in this section:

133

(1) "Public body" means any of the following:

134

(a) Any board, commission, committee, council, or similar	135
decision-making body of a state agency, institution, or authority,	136
and any legislative authority or board, commission, committee,	137
council, agency, authority, or similar decision-making body of any	138
county, township, municipal corporation, school district, or other	139
political subdivision or local public institution;	140

(b) Any committee or subcommittee of a body described in	141
division (B)(1)(a) of this section;	142

(c) A court of jurisdiction of a sanitary district organized	143
wholly for the purpose of providing a water supply for domestic,	144
municipal, and public use when meeting for the purpose of the	145
appointment, removal, or reappointment of a member of the board of	146
directors of such a district pursuant to section 6115.10 of the	147
Revised Code, if applicable, or for any other matter related to	148
such a district other than litigation involving the district. As	149
used in division (B)(1)(c) of this section, "court of	150
jurisdiction" has the same meaning as "court" in section 6115.01	151
of the Revised Code.	152

(2) "Meeting" means any prearranged discussion of the public	153
business of the public body by a majority of its members.	154

(3) "Regulated individual" means either of the following:

155

(a) A student in a state or local public educational	156
institution;	157

(b) A person who is, voluntarily or involuntarily, an inmate,	158
patient, or resident of a state or local institution because of	159
criminal behavior, mental illness or retardation, disease,	160
disability, age, or other condition requiring custodial care.	161

(4) "Public office" has the same meaning as in section	162
149.011 of the Revised Code.	163

(C) All meetings of any public body are declared to be public	164
meetings open to the public at all times. A member of a public	165
body shall be present in person at a meeting open to the public to	166
be considered present or to vote at the meeting and for purposes	167
of determining whether a quorum is present at the meeting.	168

The minutes of a regular or special meeting of any public	169
body shall be promptly prepared, filed, and maintained and shall	170
be open to public inspection. The minutes need only reflect the	171
general subject matter of discussions in executive sessions	172
authorized under division (G) or (J) of this section.	173

(D) This section does not apply to any of the following:

174

(1) A grand jury;

175

(2) An audit conference conducted by the auditor of state or	176
independent certified public accountants with officials of the	177
public office that is the subject of the audit;	178

(3) The adult parole authority when its hearings are	179
conducted at a correctional institution for the sole purpose of	180
interviewing inmates to determine parole or pardon;	181

(4) The organized crime investigations commission established	182
under section 177.01 of the Revised Code;	183

(5) Meetings of a child fatality review board established	184
under section 307.621 of the Revised Code and meetings conducted	185
pursuant to sections 5153.171 to 5153.173 of the Revised Code;	186

(6) The state medical board when determining whether to	187
suspend a certificate without a prior hearing pursuant to division	188
(G) of either section 4730.25 or 4731.22 of the Revised Code;	189

(7) The board of nursing when determining whether to suspend	190
a license or certificate without a prior hearing pursuant to	191
division (B) of section 4723.281 of the Revised Code;	192

(8) The state board of pharmacy when determining whether to	193
suspend a license without a prior hearing pursuant to division (D)	194
of section 4729.16 of the Revised Code;	195

(9) The state chiropractic board when determining whether to	196
suspend a license without a hearing pursuant to section 4734.37 of	197
the Revised Code;	198

(10) The executive committee of the emergency response	199
commission when determining whether to issue an enforcement order	200
or request that a civil action, civil penalty action, or criminal	201
action be brought to enforce Chapter 3750. of the Revised Code;	202

(11) The board of directors of the nonprofit corporation	203
formed under section 187.01 of the Revised Code or any committee	204
thereof, and the board of directors of any subsidiary of that	205
corporation or a committee thereof;	206

(12) An audit conference conducted by the audit staff of the	207
department of job and family services with officials of the public	208
office that is the subject of that audit under section 5101.37 of	209
the Revised Code.	210

(E) The controlling board, the industrial technology and	211
enterprise advisory council, the tax credit authority, or the	212
minority development financing advisory board, when meeting to	213
consider granting assistance pursuant to Chapter 122. or 166. of	214
the Revised Code, in order to protect the interest of the	215
applicant or the possible investment of public funds, by unanimous	216
vote of all board, council, or authority members present, may	217
close the meeting during consideration of the following	218
information confidentially received by the authority, council, or	219
board from the applicant:	220

(1) Marketing plans;

221

(2) Specific business strategy;

222

(3) Production techniques and trade secrets;

223

(4) Financial projections;

224

(5) Personal financial statements of the applicant or members	225
of the applicant's immediate family, including, but not limited	226
to, tax records or other similar information not open to public	227
inspection.	228

The vote by the authority, council, or board to accept or	229
reject the application, as well as all proceedings of the	230
authority, council, or board not subject to this division, shall	231
be open to the public and governed by this section.	232

(F) Every public body, by rule, shall establish a reasonable	233
method whereby any person may determine the time and place of all	234
regularly scheduled meetings and the time, place, and purpose of	235
all special meetings. A public body shall not hold a special	236
meeting unless it gives at least twenty-four hours' advance notice	237
to the news media that have requested notification, except in the	238
event of an emergency requiring immediate official action. In the	239
event of an emergency, the member or members calling the meeting	240
shall notify the news media that have requested notification	241
immediately of the time, place, and purpose of the meeting.	242

The rule shall provide that any person, upon request and	243
payment of a reasonable fee, may obtain reasonable advance	244
notification of all meetings at which any specific type of public	245
business is to be discussed. Provisions for advance notification	246
may include, but are not limited to, mailing the agenda of	247
meetings to all subscribers on a mailing list or mailing notices	248
in self-addressed, stamped envelopes provided by the person.	249

(G) Except as provided in division (J) of this section, the	250
members of a public body may hold an executive session only after	251
a majority of a quorum of the public body determines, by a roll	252
call vote, to hold an executive session and only at a regular or	253
special meeting for the sole purpose of the consideration of any	254
of the following matters:	255

(1) To consider the appointment, employment, dismissal,	256
discipline, promotion, demotion, or compensation of a public	257
employee or official, or the investigation of charges or	258
complaints against a public employee, official, licensee, or	259
regulated individual, unless the public employee, official,	260
licensee, or regulated individual requests a public hearing.	261
Except as otherwise provided by law, no public body shall hold an	262
executive session for the discipline of an elected official for	263
conduct related to the performance of the elected official's	264
official duties or for the elected official's removal from office.	265
If a public body holds an executive session pursuant to division	266
(G)(1) of this section, the motion and vote to hold that executive	267
session shall state which one or more of the approved purposes	268
listed in division (G)(1) of this section are the purposes for	269
which the executive session is to be held, but need not include	270
the name of any person to be considered at the meeting.	271

(2) To consider the purchase of property for public purposes,	272
or for the sale of property at competitive bidding, if premature	273
disclosure of information would give an unfair competitive or	274
bargaining advantage to a person whose personal, private interest	275
is adverse to the general public interest. No member of a public	276
body shall use division (G)(2) of this section as a subterfuge for	277
providing covert information to prospective buyers or sellers. A	278
purchase or sale of public property is void if the seller or buyer	279
of the public property has received covert information from a	280
member of a public body that has not been disclosed to the general	281
public in sufficient time for other prospective buyers and sellers	282
to prepare and submit offers.	283

If the minutes of the public body show that all meetings and	284
deliberations of the public body have been conducted in compliance	285
with this section, any instrument executed by the public body	286
purporting to convey, lease, or otherwise dispose of any right,	287
title, or interest in any public property shall be conclusively	288
presumed to have been executed in compliance with this section	289
insofar as title or other interest of any bona fide purchasers,	290
lessees, or transferees of the property is concerned.	291

(3) Conferences with an attorney for the public body	292
concerning disputes involving the public body that are the subject	293
of pending or imminent court action;	294

(4) Preparing for, conducting, or reviewing negotiations or	295
bargaining sessions with public employees concerning their	296
compensation or other terms and conditions of their employment;	297

(5) Matters required to be kept confidential by federal law	298
or regulations or state statutes;	299

(6) Details relative to the security arrangements and	300
emergency response protocols for a public body or a public office,	301
if disclosure of the matters discussed could reasonably be	302
expected to jeopardize the security of the public body or public	303
office;	304

(7) In the case of a county hospital operated pursuant to	305
Chapter 339. of the Revised Code, a joint township hospital	306
operated pursuant to Chapter 513. of the Revised Code, or a	307
municipal hospital operated pursuant to Chapter 749. of the	308
Revised Code, to consider trade secrets, as defined in section	309
1333.61 of the Revised Code;	310

(8) In the case of a board of education of a school district	311
or governing authority of a chartered nonpublic school, community	312
school, or STEM school that incorporates into a school safety plan	313
a protocol for the designation of specific employees who may carry	314
concealed handguns in school safety zones, to designate an	315
employee who may carry concealed handguns in school safety zones	316
or to revoke that designation.	317

If a public body holds an executive session to consider any	318
of the matters listed in divisions (G)(2) to (7) of this section,	319
the motion and vote to hold that executive session shall state	320
which one or more of the approved matters listed in those	321
divisions are to be considered at the executive session.	322

A public body specified in division (B)(1)(c) of this section	323
shall not hold an executive session when meeting for the purposes	324
specified in that division.	325

(H) A resolution, rule, or formal action of any kind is	326
invalid unless adopted in an open meeting of the public body. A	327
resolution, rule, or formal action adopted in an open meeting that	328
results from deliberations in a meeting not open to the public is	329
invalid unless the deliberations were for a purpose specifically	330
authorized in division (G) or (J) of this section and conducted at	331
an executive session held in compliance with this section. A	332
resolution, rule, or formal action adopted in an open meeting is	333
invalid if the public body that adopted the resolution, rule, or	334
formal action violated division (F) of this section.	335

(I)(1) Any person may bring an action to enforce this	336
section. An action under division (I)(1) of this section shall be	337
brought within two years after the date of the alleged violation	338
or threatened violation. Upon proof of a violation or threatened	339
violation of this section in an action brought by any person, the	340
court of common pleas shall issue an injunction to compel the	341
members of the public body to comply with its provisions.	342

(2)(a) If the court of common pleas issues an injunction	343
pursuant to division (I)(1) of this section, the court shall order	344
the public body that it enjoins to pay a civil forfeiture of five	345
hundred dollars to the party that sought the injunction and shall	346
award to that party all court costs and, subject to reduction as	347
described in division (I)(2) of this section, reasonable	348
attorney's fees. The court, in its discretion, may reduce an award	349
of attorney's fees to the party that sought the injunction or not	350
award attorney's fees to that party if the court determines both	351
of the following:	352

(i) That, based on the ordinary application of statutory law	353
and case law as it existed at the time of violation or threatened	354
violation that was the basis of the injunction, a well-informed	355
public body reasonably would believe that the public body was not	356
violating or threatening to violate this section;	357

(ii) That a well-informed public body reasonably would	358
believe that the conduct or threatened conduct that was the basis	359
of the injunction would serve the public policy that underlies the	360
authority that is asserted as permitting that conduct or	361
threatened conduct.	362

(b) If the court of common pleas does not issue an injunction	363
pursuant to division (I)(1) of this section and the court	364
determines at that time that the bringing of the action was	365
frivolous conduct, as defined in division (A) of section 2323.51	366
of the Revised Code, the court shall award to the public body all	367
court costs and reasonable attorney's fees, as determined by the	368
court.	369

(3) Irreparable harm and prejudice to the party that sought	370
the injunction shall be conclusively and irrebuttably presumed	371
upon proof of a violation or threatened violation of this section.	372

(4) A member of a public body who knowingly violates an	373
injunction issued pursuant to division (I)(1) of this section may	374
be removed from office by an action brought in the court of common	375
pleas for that purpose by the prosecuting attorney or the attorney	376
general.	377

(J)(1) Pursuant to division (C) of section 5901.09 of the	378
Revised Code, a veterans service commission shall hold an	379
executive session for one or more of the following purposes unless	380
an applicant requests a public hearing:	381

(a) Interviewing an applicant for financial assistance under	382
sections 5901.01 to 5901.15 of the Revised Code;	383

(b) Discussing applications, statements, and other documents	384
described in division (B) of section 5901.09 of the Revised Code;	385

(c) Reviewing matters relating to an applicant's request for	386
financial assistance under sections 5901.01 to 5901.15 of the	387
Revised Code.	388

(2) A veterans service commission shall not exclude an	389
applicant for, recipient of, or former recipient of financial	390
assistance under sections 5901.01 to 5901.15 of the Revised Code,	391
and shall not exclude representatives selected by the applicant,	392
recipient, or former recipient, from a meeting that the commission	393
conducts as an executive session that pertains to the applicant's,	394
recipient's, or former recipient's application for financial	395
assistance.	396

(3) A veterans service commission shall vote on the grant or	397
denial of financial assistance under sections 5901.01 to 5901.15	398
of the Revised Code only in an open meeting of the commission. The	399
minutes of the meeting shall indicate the name, address, and	400
occupation of the applicant, whether the assistance was granted or	401
denied, the amount of the assistance if assistance is granted, and	402
the votes for and against the granting of assistance.	403

Sec. 149.433. (A) As used in this section:

404

(1) "Act of terrorism" has the same meaning as in section	405
2909.21 of the Revised Code.	406

(2) "Infrastructure record" means any record that discloses	407
the configuration of a public office's or chartered nonpublic	408
school's critical systems including, but not limited to,	409
communication, computer, electrical, mechanical, ventilation,	410
water, and plumbing systems, security codes, or the infrastructure	411
or structural configuration of the building in which a public	412
office or chartered nonpublic school is located. "Infrastructure	413
record" does not mean a simple floor plan that discloses only the	414
spatial relationship of components of a public office or chartered	415
nonpublic school or the building in which a public office or	416
chartered nonpublic school is located.	417

(3) "Security record" means any of the following:

418

(a) Any record that contains information directly used for	419
protecting or maintaining the security of a public office against	420
attack, interference, or sabotage;	421

(b) Any record assembled, prepared, or maintained by a public	422
office or public body to prevent, mitigate, or respond to acts of	423
terrorism, including any of the following:	424

(i) Those portions of records containing specific and unique	425
vulnerability assessments or specific and unique response plans	426
either of which is intended to prevent or mitigate acts of	427
terrorism, and communication codes or deployment plans of law	428
enforcement or emergency response personnel;	429

(ii) Specific intelligence information and specific	430
investigative records shared by federal and international law	431
enforcement agencies with state and local law enforcement and	432
public safety agencies;	433

(iii) National security records classified under federal	434
executive order and not subject to public disclosure under federal	435
law that are shared by federal agencies, and other records related	436
to national security briefings to assist state and local	437
government with domestic preparedness for acts of terrorism.	438

(c) A school safety plan adopted pursuant to section 3313.536	439
of the Revised Code or record made pursuant to that section of a	440
designation or revocation of a designation of an employee	441
authorized to carry a concealed handgun in a school safety zone.	442

(B) A record kept by a public office that is a security	443
record or an infrastructure record is not a public record under	444
section 149.43 of the Revised Code and is not subject to mandatory	445
release or disclosure under that section.	446

(C) Notwithstanding any other section of the Revised Code,	447
disclosure by a public office, public employee, chartered	448
nonpublic school, or chartered nonpublic school employee of a	449
security record or infrastructure record that is necessary for	450
construction, renovation, or remodeling work on any public	451
building or project or chartered nonpublic school does not	452
constitute public disclosure for purposes of waiving division (B)	453
of this section and does not result in that record becoming a	454
public record for purposes of section 149.43 of the Revised Code.	455

Sec. 2923.122. (A) No person shall knowingly convey, or	456
attempt to convey, a deadly weapon or dangerous ordnance into a	457
school safety zone.	458

(B) No person shall knowingly possess a deadly weapon or	459
dangerous ordnance in a school safety zone.	460

(C) No person shall knowingly possess an object in a school	461
safety zone if both of the following apply:	462

(1) The object is indistinguishable from a firearm, whether	463
or not the object is capable of being fired.	464

(2) The person indicates that the person possesses the object	465
and that it is a firearm, or the person knowingly displays or	466
brandishes the object and indicates that it is a firearm.	467

(D)(1) This section does not apply to any of the following:

468

(a) An officer, agent, or employee of this or any other state	469
or the United States, or a law enforcement officer, who is	470
authorized to carry deadly weapons or dangerous ordnance and is	471
acting within the scope of the officer's, agent's, or employee's	472
duties, an off-duty peace officer, a security officer employed by	473
a board of education or governing body of a school during the time	474
that the security officer is on duty pursuant to that contract of	475
employment, or any other person who has written authorization from	476
the board of education or governing body of a school to convey	477
deadly weapons or dangerous ordnance into a school safety zone or	478
to possess a deadly weapon or dangerous ordnance in a school	479
safety zone and who conveys or possesses the deadly weapon or	480
dangerous ordnance in accordance with that authorization;	481

(b) Any person who is employed in this state, who is	482
authorized to carry deadly weapons or dangerous ordnance, and who	483
is subject to and in compliance with the requirements of section	484
109.801 of the Revised Code, unless the appointing authority of	485
the person has expressly specified that the exemption provided in	486
division (D)(1)(b) of this section does not apply to the person.	487

(2) Division (C) of this section does not apply to premises	488
upon which home schooling is conducted. Division (C) of this	489
section also does not apply to a school administrator, teacher, or	490
employee who possesses an object that is indistinguishable from a	491
firearm for legitimate school purposes during the course of	492
employment, a student who uses an object that is indistinguishable	493
from a firearm under the direction of a school administrator,	494
teacher, or employee, or any other person who with the express	495
prior approval of a school administrator possesses an object that	496
is indistinguishable from a firearm for a legitimate purpose,	497
including the use of the object in a ceremonial activity, a play,	498
reenactment, or other dramatic presentation, or a ROTC activity or	499
another similar use of the object.	500

(3) This section does not apply to a person who conveys or	501
attempts to convey a handgun into, or possesses a handgun in, a	502
school safety zone if, at the time of that conveyance, attempted	503
conveyance, or possession of the handgun, all of the following	504
apply:	505

(a) The person does not enter into a school building or onto	506
school premises and is not at a school activity.	507

(b) The person is carrying a valid concealed handgun license.

508

(c) The person is in the school safety zone in accordance	509
with 18 U.S.C. 922(q)(2)(B).	510

(d) The person is not knowingly in a place described in	511
division (B)(1) or (B)(3) to (10) of section 2923.126 of the	512
Revised Code.	513

(4) This section does not apply to a person who conveys or	514
attempts to convey a handgun into, or possesses a handgun in, a	515
school safety zone if at the time of that conveyance, attempted	516
conveyance, or possession of the handgun all of the following	517
apply:	518

(a) The person is carrying a valid concealed handgun license.

519

(b) The person is the driver or passenger in a motor vehicle	520
and is in the school safety zone while immediately in the process	521
of picking up or dropping off a child.	522

(c) The person is not in violation of section 2923.16 of the	523
Revised Code.	524

(E)(1) Whoever violates division (A) or (B) of this section	525
is guilty of illegal conveyance or possession of a deadly weapon	526
or dangerous ordnance in a school safety zone. Except as otherwise	527
provided in this division, illegal conveyance or possession of a	528
deadly weapon or dangerous ordnance in a school safety zone is a	529
felony of the fifth degree. If the offender previously has been	530
convicted of a violation of this section, illegal conveyance or	531
possession of a deadly weapon or dangerous ordnance in a school	532
safety zone is a felony of the fourth degree.	533

(2) Whoever violates division (C) of this section is guilty	534
of illegal possession of an object indistinguishable from a	535
firearm in a school safety zone. Except as otherwise provided in	536
this division, illegal possession of an object indistinguishable	537
from a firearm in a school safety zone is a misdemeanor of the	538
first degree. If the offender previously has been convicted of a	539
violation of this section, illegal possession of an object	540
indistinguishable from a firearm in a school safety zone is a	541
felony of the fifth degree.	542

(F)(1) In addition to any other penalty imposed upon a person	543
who is convicted of or pleads guilty to a violation of this	544
section and subject to division (F)(2) of this section, if the	545
offender has not attained nineteen years of age, regardless of	546
whether the offender is attending or is enrolled in a school	547
operated by a board of education or for which the state board of	548
education prescribes minimum standards under section 3301.07 of	549
the Revised Code, the court shall impose upon the offender a class	550
four suspension of the offender's probationary driver's license,	551
restricted license, driver's license, commercial driver's license,	552
temporary instruction permit, or probationary commercial driver's	553
license that then is in effect from the range specified in	554
division (A)(4) of section 4510.02 of the Revised Code and shall	555
deny the offender the issuance of any permit or license of that	556
type during the period of the suspension.	557

If the offender is not a resident of this state, the court	558
shall impose a class four suspension of the nonresident operating	559
privilege of the offender from the range specified in division	560
(A)(4) of section 4510.02 of the Revised Code.	561

(2) If the offender shows good cause why the court should not	562
suspend one of the types of licenses, permits, or privileges	563
specified in division (F)(1) of this section or deny the issuance	564
of one of the temporary instruction permits specified in that	565
division, the court in its discretion may choose not to impose the	566
suspension, revocation, or denial required in that division, but	567
the court, in its discretion, instead may require the offender to	568
perform community service for a number of hours determined by the	569
court.	570

(G) As used in this section~~, "object~~:

571

(1) "Object that is indistinguishable from a firearm" means	572
an object made, constructed, or altered so that, to a reasonable	573
person without specialized training in firearms, the object	574
appears to be a firearm.	575

(2) "Peace officer" means a sheriff, deputy sheriff, police	576
constable of any township, police officer of a township or joint	577
police district, marshal, deputy marshal, member of the organized	578
police department of any municipal corporation, or state highway	579
patrol trooper.	580

Sec. 3313.536. (A) The board of education of each city,	581
exempted village, and local school district and the governing	582
authority of each chartered nonpublic school shall adopt a	583
comprehensive school safety plan for each school building under	584
the board's or governing authority's control. The board or	585
governing authority shall examine the environmental conditions and	586
operations of each building to determine potential hazards to	587
student and staff safety and shall propose operating changes to	588
promote the prevention of potentially dangerous problems and	589
circumstances. In developing the plan for each building, the board	590
or governing authority shall involve community law enforcement and	591
safety officials, parents of students who are assigned to the	592
building, and teachers and nonteaching employees who are assigned	593
to the building. The board or governing authority shall consider	594
incorporating remediation strategies into the plan for any	595
building where documented safety problems have occurred.	596

The board or governing authority shall incorporate into the	597
plan both of the following:	598

(1) A protocol for addressing serious threats to the safety	599
of school property, students, employees, or administrators;	600

(2) A protocol for responding to any emergency events that do	601
occur and that compromise the safety of school property, students,	602
employees, or administrators.	603

Each protocol shall include procedures deemed appropriate by	604
the board or governing authority for responding to threats and	605
emergency events, respectively, including such things as	606
notification of appropriate law enforcement personnel, calling	607
upon specified emergency response personnel for assistance, and	608
informing parents of affected students. Prior to the opening day	609
of each school year, the board or governing authority shall inform	610
each student enrolled in the school and the student's parent of	611
the parental notification procedures included in the protocol.	612

The board or governing authority may incorporate into the	613
plan a protocol for the designation of specific employees who may	614
carry concealed handguns in school safety zones that are under the	615
jurisdiction of the board or governing authority. The board or	616
governing body may develop the protocol in consultation with the	617
local law enforcement agency. The protocol shall state that a	618
designated employee may not carry a concealed handgun in a school	619
safety zone unless the employee has a valid license to carry a	620
concealed handgun issued under section 2923.125 of the Revised	621
Code and has completed any firearms training that may be required	622
by the protocol. The protocol may state that the board or	623
governing authority may designate or revoke the designation of	624
employees who may carry concealed handguns in school safety zones	625
in executive session and shall provide that the names of those	626
employees remain confidential. The board or governing authority	627
shall keep the names of designated employees in confidential	628
records and shall not include them in the plan, and no member of	629
the board or governing authority shall disclose the names to	630
anyone other than those employees, the local law enforcement	631
agency, the insurance company for the school, and any other	632
persons to whom disclosure is required by a court order. The board	633
or governing authority shall give an employee who is designated to	634
carry a concealed handgun or whose designation is revoked written	635
notice of the designation or revocation and shall provide a copy	636
of the notice to the local law enforcement agency and the	637
insurance company for the school.	638

A protocol adopted under this section shall require the board	639
or governing authority to offer any employee authorized to carry a	640
firearm who, during the course of the employee's employment, has	641
been involved in an incident in which the employee's firearm was	642
discharged the opportunity for a psychological assessment to	643
ensure the individual's continued ability to carry a firearm in	644
the course of that individual's employment. If the individual	645
declines to undergo the psychological assessment, the board or	646
governing authority may consider the individual's decision to	647
decline that assessment in determining whether to revoke the	648
individual's designation as an employee permitted to carry a	649
concealed handgun in a school safety zone.	650

A protocol adopted under this section may not require an	651
employee to carry a firearm in the course of the employee's	652
employment.	653

As used in division (A) of this section, "local law	654
enforcement agency" means the police department of the municipal	655
corporation having jurisdiction over a school safety zone if the	656
school safety zone is located within a municipal corporation or	657
the sheriff of the county in which the school safety zone is	658
located if the school safety zone is not located within a	659
municipal corporation.	660

(B) The board or governing authority shall update the safety	661
plan at least once every three years and whenever a major	662
modification to the building requires changes in the procedures	663
outlined in the plan.	664

(C) The board or governing authority shall file a copy of the	665
current safety plan and building blueprint with each law	666
enforcement agency that has jurisdiction over the school building	667
and, upon request, the fire department that serves the political	668
subdivision in which the school building is located. The board or	669
governing authority also shall file a copy of the current safety	670
plan and a floor plan of the building, but not a building	671
blueprint, with the attorney general, who shall post that	672
information on the Ohio law enforcement gateway or its successor.	673

Copies of safety plans, building blueprints, and floor plans	674
shall be filed as described in this division not later than the	675
ninety-first day after March 30, 2007. If a board or governing	676
authority revises a safety plan, building blueprint, or floor plan	677
after the initial filing, the board or governing authority shall	678
file copies of the revised safety plan, building blueprint, or	679
floor plan in the manner described in this division not later than	680
the ninety-first day after the revision is adopted.	681

Copies of the safety plan and building blueprint are not a	682
public record pursuant to section 149.433 of the Revised Code.	683

Notwithstanding section 149.433 of the Revised Code, a	684
building floor plan filed with the attorney general pursuant to	685
this division is not a public record to the extent it is a record	686
kept by the attorney general. This paragraph does not affect the	687
status of a floor plan kept as a record by another public office.	688

The board or governing authority, each law enforcement agency	689
and fire department to which copies of the safety plan and	690
building blueprint are provided, and the attorney general shall	691
keep the copies in a secure place.	692

(D) The board or governing authority shall grant access to	693
each school building under its control to law enforcement	694
personnel to enable the personnel to hold training sessions for	695
responding to threats and emergency events affecting the building,	696
provided that the access occurs outside of student instructional	697
hours and an employee of the board or governing authority is	698
present in the building during the training sessions.	699

(E) The attorney general shall establish a model curriculum	700
for training an employee authorized to carry a firearm pursuant to	701
division (A) of this section. One component of the model	702
curriculum shall be active shooter training. The attorney	703
general's duty to establish a model curriculum under this division	704
shall be a public duty pursuant to division (E) of section 2743.01	705
of the Revised Code. The board or governing authority may utilize	706
the model curriculum in consultation with local law enforcement to	707
determine any additional training requirements for an employee	708
authorized to carry a firearm pursuant to division (A) of this	709
section.	710

Sec. 3313.94. A school district, member of a school district	711
board of education, chartered nonpublic school, governing	712
authority of a chartered nonpublic school, and an employee of a	713
school district or chartered nonpublic school who is authorized to	714
carry a concealed handgun in a school safety zone pursuant to a	715
school safety plan adopted under section 3313.536 of the Revised	716
Code are not liable in damages in a civil action for injury,	717
death, or loss to person or property allegedly arising from the	718
employee's possession or use of the handgun in the school safety	719
zone in compliance with the school safety plan unless the injury,	720
death, or loss resulted from the employee's reckless or wanton	721
conduct.	722

Sec. 3314.43. A community school, community school governing	723
authority, member of a community school governing authority, and	724
community school employee who is authorized to carry a concealed	725
handgun in a school safety zone pursuant to a school safety plan	726
adopted under section 3313.536 of the Revised Code are not liable	727
in damages in a civil action for injury, death, or loss to person	728
or property allegedly arising from the employee's possession or	729
use of the handgun in the school safety zone in compliance with	730
the school safety plan unless the injury, death, or loss resulted	731
from the employee's reckless or wanton conduct.	732

Sec. 3326.28. A STEM school, member of a STEM school	733
governing body, and STEM school employee who is authorized to	734
carry a concealed handgun in a school safety zone pursuant to a	735
school safety plan adopted under section 3313.536 of the Revised	736
Code are not liable in damages in a civil action for injury,	737
death, or loss to person or property allegedly arising from the	738
employee's possession or use of the handgun in the school safety	739
zone in compliance with the school safety plan unless the injury,	740
death, or loss resulted from the employee's reckless or wanton	741
conduct.	742

Sec. 4117.08. (A) All matters pertaining to wages, hours, or	743
terms and other conditions of employment and the continuation,	744
modification, or deletion of an existing provision of a collective	745
bargaining agreement are subject to collective bargaining between	746
the public employer and the exclusive representative, except as	747
otherwise specified in this section and division (E) of section	748
4117.03 of the Revised Code.	749

(B) The conduct and grading of civil service examinations,	750
the rating of candidates, the establishment of eligible lists from	751
the examinations, ~~and~~ the original appointments from the eligible	752
lists, and the development and implementation of a protocol for	753
the designation of school employees who may carry concealed	754
weapons in a school safety zone under section 3313.536 of the	755
Revised Code are not appropriate subjects for collective	756
bargaining.	757

(C) Unless a public employer agrees otherwise in a collective	758
bargaining agreement, nothing in Chapter 4117. of the Revised Code	759
impairs the right and responsibility of each public employer to:	760

(1) Determine matters of inherent managerial policy which	761
include, but are not limited to, areas of discretion or policy	762
such as the functions and programs of the public employer,	763
standards of services, its overall budget, utilization of	764
technology, and organizational structure;	765

(2) Direct, supervise, evaluate, or hire employees;

766

(3) Maintain and improve the efficiency and effectiveness of	767
governmental operations;	768

(4) Determine the overall methods, process, means, or	769
personnel by which governmental operations are to be conducted;	770

(5) Suspend, discipline, demote, or discharge for just cause,	771
or lay off, transfer, assign, schedule, promote, or retain	772
employees;	773

(6) Determine the adequacy of the work force;

774

(7) Determine the overall mission of the employer as a unit	775
of government;	776

(8) Effectively manage the work force;

777

(9) Take actions to carry out the mission of the public	778
employer as a governmental unit.	779

The employer is not required to bargain on subjects reserved	780
to the management and direction of the governmental unit except as	781
affect wages, hours, terms and conditions of employment, and the	782
continuation, modification, or deletion of an existing provision	783
of a collective bargaining agreement. A public employee or	784
exclusive representative may raise a legitimate complaint or file	785
a grievance based on the collective bargaining agreement.	786

Section 2. That existing sections 109.78, 121.22, 149.433,	787
2923.122, 3313.536, and 4117.08 of the Revised Code are hereby	788
repealed.	789

Section 3. Section 2923.122 of the Revised Code is presented	790
in this act as a composite of the section as amended by both Am.	791
Sub. H.B. 495 and Am. Sub. S.B. 337 of the 129th General Assembly.	792
The General Assembly, applying the principle stated in division	793
(B) of section 1.52 of the Revised Code that amendments are to be	794
harmonized if reasonably capable of simultaneous operation, finds	795
that the composite is the resulting version of the section in	796
effect prior to the effective date of the section as presented in	797
this act.	798