Text of OH HB 798 (2026)

As Introduced 136th General Assembly Regular Session H. B. No. 798 2025-2026 Representative Williams To amend sections 3314.03, 3319.90, 3326.11, 3345.90, 3705.08, 3705.16, 3705.20, 3705.21, 3705.22, 4117.10, 4506.01, 4506.16, and 4507.01 and to enact sections 9.071, 3313.475, 3345.561, 3755.01, 3755.02, 3755.03, and 4113.90 of the Revised Code to enact the Privacy Protection Act regarding biological sex, access to certain facilities, names and pronouns, and certain government-issued documents. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 3314.03, 3319.90, 3326.11, 3345.90, 3705.08, 3705.16, 3705.20, 3705.21, 3705.22, 4117.10, 4506.01, 4506.16, and 4507.01 be amended and sections 9.071, 3313.475, 3345.561, 3755.01, 3755.02, 3755.03, and 4113.90 of the Revised Code be enacted to read as follows: Sec. 9.071. (A) As used in this section: (1) "Changing room" means a room or area in which a person may be in a state of undress in the presence of others, including a locker room or shower room. (2) "Covered entity" means a correctional facility, shelter for victims of domestic violence, juvenile detention 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 H. B. No. 798 Page 2 As Introduced facility, or government building. (3) "Correctional facility" means a state correctional institution, as defined in section 2967.01 of the Revised Code, and includes any local correctional institution used for the same purposes. (4) "Shelter for victims of domestic violence" has the same meaning as in section 3113.33 of the Revised Code, if that shelter receives funds pursuant to section 3113.35 of the Revised Code. (5) "Juvenile detention facility" means a facility used to detain alleged delinquent children until final disposition for evaluation, to confine children who are adjudicated delinquent children and placed in a facility, or to confine children who are adjudicated traffic offenders and committed to a facility. (6) "Government building" means any public facility owned, leased, or operated by the state, any agency of the state, or any political subdivision of the state, but does not include any single-family or multi-family residence owned, leased, or operated by the state. (7) "Multi-occupancy restroom" means a restroom that is accessible to multiple individuals at the same time. "Multi- occupancy restroom" does not include a family facility. (8) "Restroom" means a room that includes one or more toilets or urinals. (9) "Female," "male," and "sex" all have the same meanings as in section 9.05 of the Revised Code. (10) "Family facility" has the same meaning as in section 3319.90 of the Revised Code. 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 H. B. No. 798 Page 3 As Introduced (B) Except as provided in division (D) of this section, a covered entity shall designate each multi-occupancy restroom, changing room, and overnight accommodation for the exclusive use by individuals of either the male sex or female sex. A covered entity shall prohibit a member of the non-designated sex for a multi-occupancy restroom, changing room, or overnight accommodation from using one designated for the other sex. (C) A covered entity shall take reasonable steps to provide individuals with privacy in restrooms, changing rooms, and overnight accommodations. (D) An individual may enter a restroom, changing room, or overnight accommodation designated for the opposite sex if any of the following apply: (1) The individual is a child under the age of ten who is being assisted by a parent, guardian, or family member, or is a parent, guardian, or family member who is assisting a child under the age of ten; (2) The individual is a person with a disability who is being assisted by another person, or is a person providing assistance to a person with a disability; (3) The individual is an employee of the covered entity whose job duties require the employee to enter a restroom, changing room, or overnight accommodation that is designated for the opposite sex to the employee's sex; (4) The individual enters a restroom, changing room, or overnight accommodation that is designated for the opposite sex because the individual reasonably believes that the individual is responding to a legitimate emergency. (E) Nothing in this section shall be construed as 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 H. B. No. 798 Page 4 As Introduced prohibiting a covered entity from doing any of the following: (1) Adopting policies necessary to accommodate individuals protected under the Americans with Disabilities Act, young children in need of assistance, or elderly persons requiring aid; (2) Establishing single-occupancy restrooms, changing rooms, or overnight accommodations, or family facilities, changing rooms, or sleeping quarters; (3) Redesignating a multi-occupancy restroom, changing room, or overnight accommodation designated for exclusive use by one sex to a designation for exclusive use by the opposite sex. (F) The attorney general and the department of rehabilitation and correction, in consultation with other appropriate stakeholders, shall develop model guidance and policies for the respective covered entities to assist with implementation and enforcement of this section. (G)(1) An individual who, while accessing a restroom or changing room designated for the use of that individual's sex, encounters a person of the opposite sex within the designated space, has a private cause of action for declaratory and injunctive relief against the covered entity that either: (a) Provided the person improper permission to use a restroom or changing room designated for the opposite sex; (b) Failed to take reasonable steps to prohibit the person of the opposite sex from using the restroom or changing room designated for the opposite sex. (2) An individual who is required by a covered entity to share overnight accommodations with a person of the opposite sex 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 H. B. No. 798 Page 5 As Introduced has a private cause of action for declaratory and injunctive relief against the covered entity. (3) All civil actions brought pursuant to this section must be initiated within two years after the violation occurred. A plaintiff who prevails in court in a case brought under this section may recover reasonable attorney fees and costs from the offending covered entity. Sec. 3313.475. (A) As used in this section: (1) "Female," "male," and "sex" have the same meanings as in section 9.05 of the Revised Code. (2) "School" means all of the following: (a) A school district; (b) A community school established under Chapter 3314. of the Revised Code; (c) A science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code; (d) A chartered nonpublic school; (e) An educational service center. (3) "Student" means an individual who is enrolled in a school. (4) "Employee" means an individual employed or contracted by a school. (B)(1) An employee, regardless of the scope of the employee's official duties, shall not knowingly and intentionally address an unemancipated minor student by a name other than the student's legal name, or a derivative of that name, or by a pronoun or title that is inconsistent with the 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 H. B. No. 798 Page 6 As Introduced student's sex without the written permission of the student's parent or legal guardian. (2) An employee, regardless of the scope of the employee's official duties, shall not be subject to adverse employment action for either of the following: (a) Declining to identify the employee's pronouns; (b) Declining to address an individual using a name other than the individual's legal name, or a derivative of that name, or by a pronoun or title that is inconsistent with the individual's sex. (C) A student shall not be subject to any disciplinary action for declining to do either of the following: (1) Identify the student's pronouns; (2) Address another individual using a name other than the individual's legal name, or a derivative of that name, or by a pronoun or title that is inconsistent with the individual's sex. Sec. 3314.03. A copy of every contract entered into under this section shall be filed with the director of education and workforce. The department of education and workforce shall make available on its web site a copy of every approved, executed contract filed with the director under this section. (A) Each contract entered into between a sponsor and the governing authority of a community school shall specify the following: (1) That the school shall be established as either of the following: (a) A nonprofit corporation established under Chapter 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 H. B. No. 798 Page 7 As Introduced 1702. of the Revised Code, if established prior to April 8, 2003; (b) A public benefit corporation established under Chapter 1702. of the Revised Code, if established after April 8, 2003. (2) The education program of the school, including the school's mission and educational philosophy, the characteristics of the students the school is expected to attract, the ages and grades of students, and the focus of the curriculum; (3) The academic goals to be achieved and the method of measurement that will be used to determine progress toward those goals, which shall include the statewide achievement assessments; (4) Performance standards, including but not limited to all applicable report card measures set forth in section 3302.03 or 3314.017 of the Revised Code, by which the success of the school will be evaluated by the sponsor; (5) The admission standards of section 3314.06 of the Revised Code and, if applicable, section 3314.061 of the Revised Code; (6)(a) Dismissal procedures; (b) A requirement that the governing authority adopt an attendance policy that includes a procedure for automatically withdrawing a student from the school if the student without a legitimate excuse fails to participate in seventy-two consecutive hours of the learning opportunities offered to the student. (7) The ways by which the school will achieve racial and ethnic balance reflective of the community it serves; 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 H. B. No. 798 Page 8 As Introduced (8) Requirements for financial audits by the auditor of state. The contract shall require financial records of the school to be maintained in the same manner as are financial records of school districts, pursuant to rules of the auditor of state. Audits shall be conducted in accordance with section 117.10 of the Revised Code. (9) An addendum to the contract outlining the facilities to be used that contains at least the following information: (a) A detailed description of each facility used for instructional purposes; (b) The annual costs associated with leasing each facility that are paid by or on behalf of the school; (c) The annual mortgage principal and interest payments that are paid by the school; (d) The name of the lender or landlord, identified as such, and the lender's or landlord's relationship to the operator, if any. (10) Qualifications of employees, including both of the following: (a) A requirement that the school's classroom teachers be licensed in accordance with sections 3319.22 to 3319.31 of the Revised Code, except that a community school may engage noncertificated persons to teach up to twelve hours or forty hours per week pursuant to section 3319.301 of the Revised Code; (b) A prohibition against the school employing an individual described in section 3314.104 of the Revised Code in any position. (11) That the school will comply with the following 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 H. B. No. 798 Page 9 As Introduced requirements: (a) The school will provide learning opportunities to a minimum of twenty-five students for a minimum of nine hundred twenty hours per school year. (b) The governing authority will purchase liability insurance, or otherwise provide for the potential liability of the school. (c) The school will be nonsectarian in its programs, admission policies, employment practices, and all other operations, and will not be operated by a sectarian school or religious institution. (d) The school will comply with sections 9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19, 3301.0710, 3301.0711, 3301.0712, 3301.0715, 3301.0729, 3301.24, 3301.948, 3302.037, 3313.472, 3313.473, 3313.474, 3313.475, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.609, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 3313.6024, 3313.6026, 3313.6028, 3313.6029, 3313.6031, 3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.718, 3313.719, 3313.7112, 3313.7117, 3313.721, 3313.753, 3313.80, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.238, 3319.318, 3319.321, 3319.324, 3319.39, 3319.391, 3319.393, 3319.41, 3319.46, 3319.90, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 5705.391 and Chapters 117., 1347., 2744., 3365., 3742., 4112., 4123., 4141., and 4167. 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 H. B. No. 798 Page 10 As Introduced of the Revised Code as if it were a school district and will comply with section 3301.0714 of the Revised Code in the manner specified in section 3314.17 of the Revised Code. (e) The school shall comply with Chapter 102. and section 2921.42 of the Revised Code. (f) The school will comply with sections 3313.61, 3313.611, 3313.614, 3313.617, 3313.618, and 3313.6114 of the Revised Code, except that for students who enter ninth grade for the first time before July 1, 2010, the requirement in sections 3313.61 and 3313.611 of the Revised Code that a person must successfully complete the curriculum in any high school prior to receiving a high school diploma may be met by completing the curriculum adopted by the governing authority of the community school rather than the curriculum specified in Title XXXIII of the Revised Code or any rules of the department. Beginning with students who enter ninth grade for the first time on or after July 1, 2010, the requirement in sections 3313.61 and 3313.611 of the Revised Code that a person must successfully complete the curriculum of a high school prior to receiving a high school diploma shall be met by completing the requirements prescribed in section 3313.6027 and division (C) of section 3313.603 of the Revised Code, unless the person qualifies under division (D) or (F) of that section. Each school shall comply with the plan for awarding high school credit based on demonstration of subject area competency, and beginning with the 2017-2018 school year, with the updated plan that permits students enrolled in seventh and eighth grade to meet curriculum requirements based on subject area competency adopted by the department under divisions (J)(1) and (2) of section 3313.603 of the Revised Code. Beginning with the 2018-2019 school year, the school shall comply with the framework for granting units of high school 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 H. B. No. 798 Page 11 As Introduced credit to students who demonstrate subject area competency through work-based learning experiences, internships, or cooperative education developed by the department under division (J)(3) of section 3313.603 of the Revised Code. (g) The school governing authority will submit within four months after the end of each school year a report of its activities and progress in meeting the goals and standards of divisions (A)(3) and (4) of this section and its financial status to the sponsor and the parents of all students enrolled in the school. (h) The school, unless it is an internet- or computer- based community school, will comply with section 3313.801 of the Revised Code as if it were a school district. (i) If the school is the recipient of moneys from a grant awarded under the federal race to the top program, Division (A), Title XIV, Sections 14005 and 14006 of the "American Recovery and Reinvestment Act of 2009," Pub. L. No. 111-5, 123 Stat. 115, the school will pay teachers based upon performance in accordance with section 3317.141 and will comply with section 3319.111 of the Revised Code as if it were a school district. (j) If the school operates a preschool program that is licensed by the department under sections 3301.52 to 3301.59 of the Revised Code, the school shall comply with sections 3301.50 to 3301.59 of the Revised Code and the minimum standards for preschool programs prescribed in rules adopted by the department of children and youth under section 3301.53 of the Revised Code. (k) The school will comply with sections 3313.6021 and 3313.6023 of the Revised Code as if it were a school district unless it is either of the following: 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 H. B. No. 798 Page 12 As Introduced (i) An internet- or computer-based community school; (ii) A community school in which a majority of the enrolled students are children with disabilities as described in division (B)(2) of section 3314.35 of the Revised Code. (l) The school will comply with section 3321.191 of the Revised Code, unless it is an internet- or computer-based community school that is subject to section 3314.261 of the Revised Code. (m) The school will comply with section 3313.7118 of the Revised Code if it serves elementary school students. (12) Arrangements for providing health and other benefits to employees; (13) The length of the contract, which shall begin at the beginning of an academic year. No contract shall exceed five years unless such contract has been renewed pursuant to division (D) of this section. (14) The governing authority of the school, which shall be responsible for carrying out the provisions of the contract; (15) A financial plan detailing an estimated school budget for each year of the period of the contract and specifying the total estimated per pupil expenditure amount for each such year. (16) Requirements and procedures regarding the disposition of employees of the school in the event the contract is terminated or not renewed pursuant to section 3314.07 of the Revised Code; (17) Whether the school is to be created by converting all or part of an existing public school or educational service center building or is to be a new start-up school, and if it is 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 H. B. No. 798 Page 13 As Introduced a converted public school or service center building, both of the following: (a) Specification of any duties or responsibilities of an employer that the board of education or service center governing board that operated the school or building before conversion is delegating to the governing authority of the community school with respect to all or any specified group of employees provided the delegation is not prohibited by a collective bargaining agreement applicable to such employees; (b) Alternative arrangements for current public school students who choose not to attend the converted school and for teachers who choose not to teach in the school or building after conversion. (18) Provisions establishing procedures for resolving disputes or differences of opinion between the sponsor and the governing authority of the community school; (19) A provision requiring the governing authority to adopt a policy regarding the admission of students who reside outside the district in which the school is located. That policy shall comply with the admissions procedures specified in sections 3314.06 and 3314.061 of the Revised Code and, at the sole discretion of the authority, shall do one of the following: (a) Prohibit the enrollment of students who reside outside the district in which the school is located; (b) Permit the enrollment of students who reside in districts adjacent to the district in which the school is located; (c) Permit the enrollment of students who reside in any other district in the state. 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 H. B. No. 798 Page 14 As Introduced (20) A provision recognizing the authority of the department to take over the sponsorship of the school in accordance with the provisions of division (C) of section 3314.015 of the Revised Code; (21) A provision recognizing the sponsor's authority to assume the operation of a school under the conditions specified in division (B) of section 3314.073 of the Revised Code; (22) A provision recognizing both of the following: (a) The authority of public health and safety officials to inspect the facilities of the school and to order the facilities closed if those officials find that the facilities are not in compliance with health and safety laws and regulations; (b) The authority of the department as the community school oversight body to suspend the operation of the school under section 3314.072 of the Revised Code if the department has evidence of conditions or violations of law at the school that pose an imminent danger to the health and safety of the school's students and employees and the sponsor refuses to take such action. (23) A description of the learning opportunities that will be offered to students including both classroom-based and non- classroom-based learning opportunities that is in compliance with criteria for student participation established by the department under division (H)(2) of section 3314.08 of the Revised Code; (24) The school will comply with sections 3302.04 and 3302.041 of the Revised Code, except that any action required to be taken by a school district pursuant to those sections shall be taken by the sponsor of the school. 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 H. B. No. 798 Page 15 As Introduced (25) Beginning in the 2006-2007 school year, the school will open for operation not later than the thirtieth day of September each school year, unless the mission of the school as specified under division (A)(2) of this section is solely to serve dropouts. In its initial year of operation, if the school fails to open by the thirtieth day of September, or within one year after the adoption of the contract pursuant to division (D) of section 3314.02 of the Revised Code if the mission of the school is solely to serve dropouts, the contract shall be void. (26) Whether the school's governing authority is planning to seek designation for the school as a STEM school equivalent under section 3326.032 of the Revised Code; (27) That the school's attendance and participation policies will be available for public inspection; (28) That the school's attendance and participation records shall be made available to the department, auditor of state, and school's sponsor to the extent permitted under and in accordance with the "Family Educational Rights and Privacy Act of 1974," 88 Stat. 571, 20 U.S.C. 1232g, as amended, and any regulations promulgated under that act, and section 3319.321 of the Revised Code; (29) If a school operates using the blended learning model, as defined in section 3301.079 of the Revised Code, all of the following information: (a) An indication of what blended learning model or models will be used; (b) A description of how student instructional needs will be determined and documented; (c) The method to be used for determining competency, 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 H. B. No. 798 Page 16 As Introduced granting credit, and promoting students to a higher grade level; (d) The school's attendance requirements, including how the school will document participation in learning opportunities; (e) A statement describing how student progress will be monitored; (f) A statement describing how private student data will be protected; (g) A description of the professional development activities that will be offered to teachers. (30) A provision requiring that all moneys the school's operator loans to the school, including facilities loans or cash flow assistance, must be accounted for, documented, and bear interest at a fair market rate; (31) A provision requiring that, if the governing authority contracts with an attorney, accountant, or entity specializing in audits, the attorney, accountant, or entity shall be independent from the operator with which the school has contracted. (32) A provision requiring the governing authority to adopt an enrollment and attendance policy that requires a student's parent to notify the community school in which the student is enrolled when there is a change in the location of the parent's or student's primary residence. (33) A provision requiring the governing authority to adopt a student residence and address verification policy for students enrolling in or attending the school. (34) A provision establishing the process by which the 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 H. B. No. 798 Page 17 As Introduced governing authority of the school will be selected in the future. (35) A description of the management and administration of the school. (36) A provision requiring the governing authority to adopt policies and procedures to establish internal financial controls for the school. (B) A contract entered into under section 3314.02 of the Revised Code between a sponsor and the governing authority of a community school may provide for the community school governing authority to make payments to the sponsor, which is hereby authorized to receive such payments as set forth in the contract between the governing authority and the sponsor. The total amount of such payments for monitoring, oversight, and technical assistance of the school shall not exceed three per cent of the total amount of payments for operating expenses that the school receives from the state. (C) The contract shall specify the duties of the sponsor which shall be in accordance with the written agreement entered into with the department under division (B) of section 3314.015 of the Revised Code and shall include the following: (1) Monitor the community school's compliance with all laws applicable to the school and with the terms of the contract; (2) Monitor and evaluate the academic and fiscal performance and the organization and operation of the community school on at least an annual basis; (3) Provide technical assistance to the community school in complying with laws applicable to the school and terms of the 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 H. B. No. 798 Page 18 As Introduced contract; (4) Take steps to intervene in the school's operation to correct problems in the school's overall performance, declare the school to be on probationary status pursuant to section 3314.073 of the Revised Code, suspend the operation of the school pursuant to section 3314.072 of the Revised Code, or terminate the contract of the school pursuant to section 3314.07 of the Revised Code as determined necessary by the sponsor; (5) Have in place a plan of action to be undertaken in the event the community school experiences financial difficulties or closes prior to the end of a school year. (D) Upon the expiration of a contract entered into under this section, the sponsor of a community school may, with the approval of the governing authority of the school, renew that contract for a period of time determined by the sponsor, but not ending earlier than the end of any school year, if the sponsor finds that the school's compliance with applicable laws and terms of the contract and the school's progress in meeting the academic goals prescribed in the contract have been satisfactory. Any contract that is renewed under this division remains subject to the provisions of sections 3314.07, 3314.072, and 3314.073 of the Revised Code. (E) If a community school fails to open for operation within one year after the contract entered into under this section is adopted pursuant to division (D) of section 3314.02 of the Revised Code or permanently closes prior to the expiration of the contract, the contract shall be void and the school shall not enter into a contract with any other sponsor. A school shall not be considered permanently closed because the operations of the school have been suspended pursuant to section 478 479 480 481 482 483 484 485 486 487 488 489 490 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 H. B. No. 798 Page 19 As Introduced 3314.072 of the Revised Code. Sec. 3319.90. (A) As used in this section: (1) "Biological sex" means the biological indication of male and female, including sex chromosomes, naturally occurring sex hormones, gonads, and nonambiguous internal and external genitalia present at birth, without regard to an individual's psychological, chosen, or subjective experience of gender. An individual may use the individual's official birth record, as defined in section 3705.01 of the Revised Code, to prove biological sex if the birth record was issued at or near the time of the individual's birth"Female," "male," and "sex" have the same meanings as in section 9.05 of the Revised Code. (2) "Family facility" means a family restroom or shower room that does not have more than one toilet or shower. (3) "Multi-occupancy facility" means a restroom, locker room, changing room, overnight accommodations, or shower room that is accessible to multiple individuals at the same time. "Multi-occupancy facility" does not include a family facility. (4) "School" includes the following: (a) A school district or school district building; (b) A community school established under Chapter 3314. of the Revised Code; (c) A science, technology, engineering, and mathematics school established under Chapter 3326. of the Revised Code; (d) A chartered nonpublic school; (e) An educational service center. (5) "Overnight accommodations" means an area with a bed or 508 509 510 511 512 513 514 515 516 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 H. B. No. 798 Page 20 As Introduced cot in which more than one individual is housed overnight. (B)(1) A school shall designate each student restroom, locker room, changing room, overnight accommodations, or shower room that is accessible by multiple studentsindividuals at the same time, whether located in a school building or located in a facility used by the school for a school-sponsored activity, for the exclusive use by studentsindividuals of the male biological sex only or by studentsindividuals of the female biological sex only. (2) No school shall permit a member of the female biological sex to use a student restroom, locker room, changing room, or shower room that has been designated by the school for the exclusive use of the male biological sex. No school shall permit a member of the male biological sex to use a student restroom, locker room, changing room, or shower room that has been designated by the school for the exclusive use of the female biological sex. (3) No school shall construct, establish, or maintain a multi-occupancy facility that is designated as nongendered, multigendered, or open to all genders. Nothing in division (B)(3) of this section shall be construed to prohibit a school from constructing, establishing, or maintaining a family facility. (C) No school shall permit a member of the female biological sex to share overnight accommodations with a member of the male biological sex. No school shall permit a member of the male biological sex to share overnight accommodations with a member of the female biological sex. (D) Nothing in this section shall be construed to prohibit 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 552 553 554 555 556 557 558 559 560 561 562 563 H. B. No. 798 Page 21 As Introduced a school from establishing a policy providing accommodation such as single-occupancy facilities or controlled use of faculty facilities at the request of a student due to special circumstances. (E) The prohibitions described in divisions (B) and (C) of this section do not apply to any of the following: (1) A child under the age of ten who is being assisted by a parent, guardian, or family member, as well as the parent, guardian, or family member who is assisting the child; (2) A person with a disability who is being assisted by another person, as well as the person providing assistance to the person with a disability; (3) A school employee whose job duties require the employee to enter a restroom, locker room, changing room, or shower room that is designated for a biological sex that is different than the employee's biological sex; (4) A person who enters a restroom, locker room, changing room, or shower room that is designated for a biological sex that is different than the person's biological sex because the person reasonably believes the person is responding to a legitimate emergency. (F)(1) An individual who, while accessing a restroom, locker room, changing room, or shower room designated for use by their sex, encounters a person of the opposite sex in that restroom, locker room, changing room, or shower room has a private cause of action for declaratory and injunctive relief against the school or school district that does either of the following: (a) Provides the person permission to use a restroom, 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 582 583 584 585 586 587 588 589 590 591 592 H. B. No. 798 Page 22 As Introduced locker room, changing room, or shower room of the opposite sex; (b) Fails to take reasonable steps to prohibit the person from using the restroom, locker room, changing room, or shower room of the opposite sex. (2) An individual who is required by the school or school district to share overnight accommodations with a person of the opposite sex in violation of this division has a private cause of action for declaratory and injunctive relief against the school or school district. (3) All civil actions brought under division (F) of this section shall be initiated within two years after the violation occurred. An individual aggrieved under this section who prevails in court may recover reasonable attorney fees and costs from the offending school or school district. (G) The department of education and workforce, in consultation with other appropriate stakeholders, shall develop model guidance and policies for school districts to assist with implementation and enforcement of this section. Sec. 3326.11. Each science, technology, engineering, and mathematics school established under this chapter and its governing body shall comply with sections 9.90, 9.91, 109.65, 121.22, 149.43, 2151.357, 2151.421, 2313.19, 2921.42, 2921.43, 3301.0714, 3301.0715, 3301.0729, 3301.24, 3301.948, 3302.037, 3313.14, 3313.15, 3313.16, 3313.18, 3313.201, 3313.26, 3313.472, 3313.473, 3313.474, 3313.475, 3313.48, 3313.481, 3313.482, 3313.50, 3313.539, 3313.5310, 3313.5318, 3313.5319, 3313.608, 3313.6012, 3313.6013, 3313.6014, 3313.6020, 3313.6021, 3313.6023, 3313.6024, 3313.6026, 3313.6028, 3313.6029, 3313.6031, 3313.61, 3313.611, 3313.614, 3313.615, 3313.617, 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 612 613 614 615 616 617 618 619 620 621 H. B. No. 798 Page 23 As Introduced 3313.618, 3313.6114, 3313.643, 3313.648, 3313.6411, 3313.6413, 3313.66, 3313.661, 3313.662, 3313.666, 3313.667, 3313.668, 3313.669, 3313.6610, 3313.67, 3313.671, 3313.672, 3313.673, 3313.69, 3313.71, 3313.716, 3313.717, 3313.718, 3313.719, 3313.7112, 3313.7117, 3313.7118, 3313.721, 3313.753, 3313.80, 3313.801, 3313.814, 3313.816, 3313.817, 3313.818, 3313.819, 3313.86, 3313.89, 3313.96, 3319.073, 3319.077, 3319.078, 3319.0812, 3319.21, 3319.238, 3319.318, 3319.32, 3319.321, 3319.324, 3319.35, 3319.39, 3319.391, 3319.393, 3319.41, 3319.45, 3319.46, 3319.90, 3319.614, 3320.01, 3320.02, 3320.03, 3320.04, 3321.01, 3321.041, 3321.05, 3321.13, 3321.14, 3321.141, 3321.17, 3321.18, 3321.19, 3321.191, 3322.20, 3322.24, 3323.251, 3327.10, 4111.17, 4113.52, 5502.262, 5502.703, and 5705.391 and Chapters 102., 117., 1347., 2744., 3307., 3309., 3365., 3742., 4112., 4123., 4141., and 4167. of the Revised Code as if it were a school district. Sec. 3345.561. (A) As used in this section: (1) "Female," "male," and "sex" have the same meanings as in section 9.05 of the Revised Code. (2) "Student" means an individual who is enrolled at an institution of higher education as defined in section 3345.19 of the Revised Code. (3) "Employee" means an individual employed or contracted by an institution of higher education as defined in section 3345.19 of the Revised Code. (B)(1) An employee, regardless of the scope of the employee's official duties, shall not knowingly and intentionally address an unemancipated minor student by a name other than the student's legal name, or a derivative of that 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 643 644 645 646 647 648 649 650 H. B. No. 798 Page 24 As Introduced name, or by a pronoun or title that is inconsistent with the student's sex without the written permission of the student's parent or guardian. (2) An employee, regardless of the scope of the employee's official duties, shall not be subject to adverse employment action for either of the following: (a) Declining to identify the employee's pronouns; (b) Declining to address another individual using a name other than the individual's legal name, or a derivative of that name, or by a pronoun or title that is inconsistent with the individual's sex. (C) A student shall not be subject to any disciplinary action for declining to do either of the following: (1) Identify the student's pronouns; (2) Address another individual using a name other than the individual's legal name, or a derivative of that name, or by a pronoun or title that is inconsistent with the individual's sex. Sec. 3345.90. (A) As used in this section: (1) "Biological sex," "family"Female," "male," and "sex" have the same meanings as in section 9.05 of the Revised Code. (2) Family facility," and "multi-occupancy facility," and "overnight accommodations" have the same meanings as in section 3319.90 of the Revised Code. (2)(3) "Institution of higher education" has the same meaning as in section 3345.19 of the Revised Code. (B)(1) Each institution of higher education shall designate with clear signage each student restroom, locker room, 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 674 675 676 677 H. B. No. 798 Page 25 As Introduced changing room, "overnight accommodations," or shower room accessible by multiple studentsindividuals at the same time for the exclusive use by studentsindividuals of the male biological sex only or by studentsindividuals of the female biological sex only. (2) No institution of higher education shall knowingly permit a member of the female biological sex to use a student restroom, locker room, changing room, or shower room that has been designated by the school for the exclusive use of the male biological sex. No institution of higher education shall knowingly permit a member of the male biological sex to use a student restroom, locker room, changing room, or shower room that has been designated by the school for the exclusive use of the female biological sex. (3) An institution of higher education that offers housing for students provides students with the option to be housed only with persons of the same sex. (4) During any activity or event authorized by an institution of higher education where students share overnight accommodations, an institution of higher education shall not require a student to share overnight accommodations with a member of the opposite sex. (5) No institution of higher education shall construct, establish, or maintain a multi-occupancy facility that is designated as nongendered, multigendered, or open to all genders. Nothing in division (B)(3)(5) of this section shall be construed to prohibit an institution of higher education from constructing, establishing, or maintaining a family facility. 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 704 705 706 H. B. No. 798 Page 26 As Introduced (C) Nothing in this section shall be construed to prohibit an institution of higher education from establishing and enforcing a policy on the use of a multi-occupancy facility. Any policy adopted by an institution of higher education in accordance with this section shall provide an option for alternative accommodations, including, but not limited to, the use of single-occupancy facilities or faculty facilities. (D) The prohibition described in division (B) of this section does not apply to any of the following: (1) A child under the age of ten who is being assisted by a parent, guardian, or family member, as well as the parent, guardian, or family member who is assisting the child; (2) A person with a disability who is being assisted by another person, as well as the person providing assistance to the person with a disability; (3) An employee of the institution of higher education whose job duties require the employee to enter a restroom, locker room, changing room, or shower room that is designated for a biological sex that is different than the employee's biological sex; (4) A person who enters a restroom, locker room, changing room, or shower room that is designated for a biological sex that is different than the person's biological sex because the person reasonably believes the person is responding to a legitimate emergency. (E)(1) An individual who, while accessing a restroom, locker room, changing room, or shower room designated for use by their sex, encounters a person of the opposite sex in that restroom, locker room, changing room, or shower room has a 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 733 734 735 H. B. No. 798 Page 27 As Introduced private cause of action for declaratory and injunctive relief against the institution of higher education that does either of the following: (a) Provides the person permission to use a restroom, locker room, changing room, or shower room of the opposite sex; (b) Fails to take reasonable steps to prohibit the person from using the restroom, locker room, changing room, or shower room of the opposite sex. (2) An individual who is required by the institution of higher education to share overnight accommodations with a person of the opposite sex in violation of this division has a private cause of action for declaratory and injunctive relief against the institution of higher education. (3) All civil actions brought pursuant to division (E) of this section shall be initiated within two years after the violation occurred. An individual aggrieved under this section who prevails in court may recover reasonable attorney fees and costs from the offending institution of higher education. (F) The department of higher education, in consultation with other appropriate stakeholders, shall develop model guidance and policies for institutions of higher education to assist with implementation and enforcement of this section. Sec. 3705.08. (A) The director of health, by rule, shall prescribe the form of records and certificates required by this chapter. Records and certificates shall include the items and information prescribed by the director, including the items recommended by the national center for health statistics of the United States department of health and human services, subject to approval of and modification by the director. 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 762 763 764 H. B. No. 798 Page 28 As Introduced (B) All birth certificates shall include a statement setting forth the names of the child's parents. (C) All birth certificates shall include the child's name, date of birth, location of birth, and sex. (D) All death certificates shall include, in the medical certification portion of the certificate, a space to indicate, if the deceased individual is female and the manner of death is determined to be a suspicious or violent death, whether any of the following conditions apply to the individual: (1) Not pregnant within the past year; (2) Pregnant at the time of death; (3) Not pregnant, but had been pregnant within forty-two days prior to the time of death; (4) Not pregnant, but had been pregnant within forty-three days to one year prior to the time of death; (5) Unknown whether pregnant within the past year. (D)(1)(E)(1) The director shall prescribe electronic methods and forms for obtaining registration of births, deaths, and other vital statistics in each registration district, and for preserving the records of the office of vital statistics, and no forms or blanks shall be used other than those prescribed by the director. (2) All birth, fetal death, and death records and certificates shall be certified. Except as provided in division (G) of section 3705.09, section 3705.12, 3705.121, 3705.122, or 3705.124, division (D) of section 3705.15, or section 3705.16 of the Revised Code, a birth certificate requiring signature may be electronically certified by the person in charge of the 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 H. B. No. 798 Page 29 As Introduced institution or that person's designee. A death certificate may be electronically certified by the individual who attests to the facts of death. (3) All vital records shall contain the date received for filing. (4) Information and signatures required in certificates, records, or reports authorized by this chapter may be filed and registered by photographic, electronic, or other means as prescribed by the director. Sec. 3705.16. (A) For purposes of this section notwithstanding section 3705.01 of the Revised Code, "fetal death" does not include death of the product of human conception prior to twenty weeks of gestation. (B) Each death or fetal death that occurs in this state shall be registered with the local registrar of vital statistics of the district in which the death or fetal death occurred, by the funeral director or other person in charge of the final disposition of the remains. The personal and statistical information in the death or fetal death certificate shall be obtained from the best qualified persons or sources available, by the funeral director or other person in charge of the final disposition of the remains. The statement of facts relating to the disposition of the body and information relative to the armed services referred to in section 3705.19 of the Revised Code shall be signed by the funeral director or other person in charge of the final disposition of the remains. (C)(1) For certification of the cause of death, the funeral director or other person in charge of the final disposition of the remains shall present the death or fetal 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 H. B. No. 798 Page 30 As Introduced death certificate to one of the following individuals: (a) If a death or fetal death occurs under any circumstance described in section 313.12 of the Revised Code, the coroner in the county in which the death occurs or the medical examiner; (b) If a death or fetal death occurs under a circumstance other than as described in section 313.12 of the Revised Code, the attending physician of the decedent, except that, in the case of decedent who did not have an attending physician, the physician who, either in person or through a means of telehealth, last examined or treated the decedent for any illness or condition. (2) After the death or fetal death certificate is presented, the cause of death shall be certified and the medical certificate of death shall be completed and signed as follows: (a) If the death or fetal death certificate is presented to the coroner or medical examiner, the coroner, or a deputy coroner, medical examiner, or deputy medical examiner serving in an equivalent capacity, shall certify the cause of death. (b) If the death or fetal death certificate is presented to the physician described in division (C)(1)(b) of this section, that physician shall certify the cause of death. (3) The medical certificate of death shall be completed and signed by the coroner or medical examiner, physician who attended the decedent, or physician who last examined or treated the decedent, as appropriate, within forty-eight hours after notification of the death or fetal death. A coroner or medical examiner may satisfy the requirement of signing a medical certificate showing the cause of death or 822 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 H. B. No. 798 Page 31 As Introduced fetal death as pending by signing it within forty-eight hours after notification of the death or fetal death, provided that the coroner or medical examiner shall sign any other medical certificate of death or supplementary medical certification within forty-eight hours after the cause of death has been determined. A physician described in division (C)(1)(b) of this section may satisfy the requirement of signing a medical certificate by signing with an electronic signature. (D) A coroner, medical examiner, or physician who acts in good faith in accordance with this section, without fraud or malice, and upon reasonable belief of the cause of death or fetal death based on the information, if any, presented is not subject to civil liability or professional disciplinary action for any act or omission in certifying the cause of death or in completing and signing the medical certificate of death. (E) Any death certificate registered pursuant to this section shall contain the both of the following: (1) The social security number of the decedent, if available. A social security number obtained under this section is a public record under section 149.43 of the Revised Code. (2) The sex of the decedent. Sec. 3705.20. (A) The fetal death of the product of human conception of at least twenty weeks of gestation shall be registered on a fetal death certificate. On application of the funeral director or either parent, the fetal death of the product of human conception prior to twenty weeks of gestation shall be registered on a fetal death certificate, except that the fetal death certificate shall not 851 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 H. B. No. 798 Page 32 As Introduced list the cause of death. The funeral director or the parent shall include with the application a copy of the statement required by division (B)(1) of section 3727.16 or division (B)(1) of section 4731.82 of the Revised Code. If the father submits the application, he shall also include with it a signed and notarized document from the mother attesting that she voluntarily provided the father with a copy of the statement. A fetal death certificate for the product of human conception prior to twenty weeks gestation is not proof of a live birth for purposes of federal, state, and local taxes. A fetal death certificate shall include the sex of the product of human conception, if known. (B) The product of human conception of at least twenty weeks of gestation that suffers a fetal death occurring in Ohio shall not be interred, deposited in a vault or tomb, cremated, or otherwise disposed of by a funeral director or other person until a fetal death certificate or provisional death certificate has been filed with and a burial permit is issued by the local registrar of vital statistics of the registration district in which the fetal death occurs, or the body is found. A burial permit for the product of human conception that suffers a fetal death prior to twenty weeks of gestation shall be issued by the local registrar of vital statistics of the registration district in which the fetal death occurs if the funeral director or either parent files a fetal death certificate with that registrar. (C)(1) The department of health and the local registrar shall keep a separate record and index record of fetal death 880 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 908 H. B. No. 798 Page 33 As Introduced certificates. (2) The personal or statistical information on the fetal death certificate shall be obtained by the funeral director or other person in charge of interment or cremation from the best qualified persons or sources available. (D) When a burial permit is issued under division (B) of this section for the product of human conception of at least twenty weeks of gestation that suffers a fetal death, the local registrar shall inform the parent or parents listed on the fetal death certificate or provisional death certificate of the option of applying for a certificate that is issued under division (B) (3) of section 3705.23 of the Revised Code. Sec. 3705.21. All marriages taking place within the state, all divorces, dissolutions, and annulments of marriages decreed by a court of this state, and all corrections of certificates of marriage shall be registered with the office of vital statistics of the department of health. On or before the tenth day of each month, the probate judge of each county shall forward to the department on a form prescribed and furnished by the director of health a certified abstract of each marriage record made by the probate judge during the preceding month. The clerk of the court of common pleas, on or before the tenth day of each month, shall send to the department on a form to be prescribed and furnished by the director a certified abstract of all decrees of divorce, dissolution, and annulment of marriage and orders correcting certificates of marriage that the clerk recorded during the preceding month. The office of vital statistics shall record and index all records received under this section. 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 937 H. B. No. 798 Page 34 As Introduced The form prescribed and furnished by the director for a certified abstract of marriage and a decree of divorce, dissolution, and annulment of marriage shall include the sex of both parties to the marriage. The sex designation on a certificate of marriage or decree of divorce, dissolution, or annulment of marriage shall not be amended except on the order of a court of this state based on clear and convincing evidence that the sex designation was not properly and accurately recorded at the time the certificate or decree was originally filed. Sec. 3705.22. Whenever (A) Except as provided in division (G) of this section, whenever it is alleged that the facts stated in any birth, fetal death, or death record filed in the department of health are not true, the director may require satisfactory evidence to be presented in the form of affidavits, amended records, or certificates to establish the alleged facts. When established, the original record or certificate shall be supplemented by the affidavit or the amended certificate or record information. (B) An affidavit in a form prescribed by the director shall be sworn to by a person having personal knowledge of the matter sought to be corrected. Medical certifications contained on fetal death or death records may be corrected only by the person whose name appears on the original record as attending physician or by the coroner of the county in which the death occurred. (C) The amended birth record shall be signed by the person who attended the birth and the informant or informants whose names appear on the original record. The amended death or fetal death record shall be signed by the physician or coroner, 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 966 967 H. B. No. 798 Page 35 As Introduced funeral director, and informant whose names appear on the original record. An affidavit or amended record for the correction of the given name of a person shall have the signature of the person, if the person is age eighteen or older, or of both parents if the person is under eighteen, except that in the case of a child born out of wedlock, the mother's signature will suffice; in the case of the death or incapacity of either parent, the signature of the other parent will suffice; in the case of a child not in the custody of his parents, the signature of the guardian or agency having the custody of the child will suffice; and in the case of a child whose parents are deceased, the signature of another person who knows the child will suffice. (D) Once a correction or amendment of an item is made on a vital record, that item shall not be corrected or amended again except on the order of a court of this state or the request of a court of another state or jurisdiction. (E) The director may refuse to accept an affidavit or amended certificate or record that appears to be submitted for the purpose of falsifying the certificate or record. (F) A certified copy of a certificate or record issued by the department of health shall show the information as originally given and the corrected information, except that an electronically produced copy need indicate only that the certificate or record was corrected and the item that was corrected. (G)(1) Except as provided in section 3705.12 of the Revised Code, the name, date of birth, location of birth, or sex designation on a birth certificate shall not be amended except 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 996 H. B. No. 798 Page 36 As Introduced on the order of a court of this state based on clear and convincing evidence that the name, date of birth, location of birth, or sex designation was not properly and accurately recorded at the time the birth certificate was originally filed. (2) The sex designation on a death or fetal death record shall not be amended except on the order of a court of this state based on clear and convincing evidence that the sex designation was not properly and accurately recorded at the time the death or fetal death record was originally filed. Sec. 3755.01. As used in this chapter: (A)(1) "Multi-occupancy facility" means a restroom, locker room, changing room, or shower room that is accessible to multiple individuals at the same time. (2) "Multi-occupancy facility" does not include a restroom or changing room designated for use by members of a single family. (B)(1) "Public place" means an enclosed area to which the public is invited or in which the public is permitted and that is not a private residence. (2) "Public place" does not include an enclosed area owned or operated by a nonprofit or religious entity. (C)(1) "Place of employment" means an enclosed area under the direct or indirect control of an employer that the employer's employees use for work or any other purpose without regard to the time of day or the presence of employees. (2) "Place of employment" does not include an enclosed area owned or operated by a nonprofit or religious entity. (D) "Proprietor" means an employer, owner, manager, 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 H. B. No. 798 Page 37 As Introduced operator, or person in charge or control of a public place or place of employment. (E) "Restroom" means a room that includes one or more toilets or urinals. Sec. 3755.02. (A) A proprietor of a public place or place of employment shall designate each multi-occupancy facility in the public place or place of employment for the exclusive use by individuals of the male sex only or by individuals of the female sex only. (B) A proprietor of a public place or place of employment shall take reasonable steps to provide an individual with privacy from members of the opposite sex while the individual is using a multi-occupancy facility in the public place or place of employment. (C) Except as provided in division (E) of this section, no proprietor of a public place or place of employment shall do either of the following: (1) Permit an individual of the female sex to use a multi- occupancy facility that has been designated for the exclusive use by individuals of the male sex. (2) Permit an individual of the male sex to use a multi- occupancy facility that has been designated for the exclusive use by individuals of the female sex. (D) Except as provided in division (E) of this section, no individual shall refuse to exit a multi-occupancy facility in a public place or place of employment when requested to do so by the proprietor or an employee or agent of the proprietor. (E) The prohibitions in divisions (C) and (D) of this 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 H. B. No. 798 Page 38 As Introduced section do not apply under any of the following circumstances: (1) When an individual enters a multi-occupancy facility designated for a sex that is different than the individual's sex to assist a young child and the individual providing the assistance is the parent, guardian, or family member of the child; (2) When an individual enters a multi-occupancy facility designated for a sex that is different than the individual's sex to assist an individual with a disability that limits the individual's ability to use the facility; (3) When an individual is required to enter a multi- occupancy facility that is designated for a sex that is different than the individual's sex for purposes of performing the individual's job duties, including custodial or maintenance duties; (4) When an individual enters a multi-occupancy facility designated for a sex that is different than the individual's sex because the individual reasonably believes the individual is responding to a legitimate emergency. (F) Nothing in this section prohibits the proprietor of a public place or place of employment from doing any of the following: (1) Adopting a policy necessary to provide an individual with a reasonable accommodation under the "Americans with Disabilities Act of 1990," 42 U.S.C. 12101, et seq.; (2) Establishing single-occupancy restrooms, changing rooms, locker rooms, or shower rooms; (3) Re-designating a multi-occupancy facility designated 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 H. B. No. 798 Page 39 As Introduced for exclusive use by one sex to a designation for exclusive use by the opposite sex. Sec. 3755.03. (A) The attorney general shall receive complaints related to violations of this chapter and shall investigate allegations made in any complaint. (B) On receiving a first complaint alleging that a proprietor of a public place or place of employment or an individual has violated this chapter, the attorney general shall investigate the complaint and, if the attorney general concludes that a violation occurred, issue a warning letter to the proprietor or individual. (C) On receiving a complaint alleging a second or subsequent violation of this chapter by a proprietor of a public place or place of employment or an individual, the attorney general shall investigate the complaint. If the attorney general concludes, based on all of the information before the attorney general, that a violation occurred, the attorney general shall institute an action in the court of common pleas seeking a civil penalty and an injunction against the proprietor or individual. (D) An injunction issued under this section shall continue in effect until the court that granted the injunction is satisfied the proprietor or individual has complied with the requirements of this chapter. Sec. 4113.90. (A) As used in this section, "government employee" means any person holding a position by appointment or employment in the service of the state or any political subdivision of the state. (B) A government employee, regardless of the scope of the employee's official duties, shall not be subject to adverse 1081 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 H. B. No. 798 Page 40 As Introduced employment action for either of the following: (1) Declining to identify the employee's pronouns while acting within the scope of the employee's employment; (2) Declining to address a person using a name other than the person's legal name, or a derivative of that name, or by a pronoun or title that is inconsistent with the person's sex. (C) Any government employee who is harmed by a violation of this section shall have a private cause of action against the employee's employer for injunctive relief, monetary damages, reasonable attorney's fees, costs, and any other appropriate relief. A civil action brought pursuant to this section shall be initiated within two years after the violation occurred. Sec. 4117.10. (A) An agreement between a public employer and an exclusive representative entered into pursuant to this chapter governs the wages, hours, and terms and conditions of public employment covered by the agreement. If the agreement provides for a final and binding arbitration of grievances, public employers, employees, and employee organizations are subject solely to that grievance procedure and the state personnel board of review or civil service commissions have no jurisdiction to receive and determine any appeals relating to matters that were the subject of a final and binding grievance procedure. Where no agreement exists or where an agreement makes no specification about a matter, the public employer and public employees are subject to all applicable state or local laws or ordinances pertaining to the wages, hours, and terms and conditions of employment for public employees. All of the following prevail over conflicting provisions of agreements between employee organizations and public employers: 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 H. B. No. 798 Page 41 As Introduced (1) Laws pertaining to any of the following subjects: (a) Civil rights; (b) Affirmative action; (c) Unemployment compensation; (d) Workers' compensation; (e) The retirement of public employees; (f) Residency requirements; (g) The minimum educational requirements contained in the Revised Code pertaining to public education including the requirement of a certificate by the fiscal officer of a school district pursuant to section 5705.41 of the Revised Code; (h) The provisions of division (A) of section 124.34 of the Revised Code governing the disciplining of officers and employees who have been convicted of a felony; (i) The minimum standards promulgated by the director of education and workforce pursuant to division (D) of section 3301.07 of the Revised Code. (2) The law pertaining to the leave of absence and compensation provided under section 5923.05 of the Revised Code, if the terms of the agreement contain benefits which are less than those contained in that section or the agreement contains no such terms and the public authority is the state or any agency, authority, commission, or board of the state or if the public authority is another entity listed in division (B) of section 4117.01 of the Revised Code that elects to provide leave of absence and compensation as provided in section 5923.05 of the Revised Code; 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 H. B. No. 798 Page 42 As Introduced (3) The law pertaining to the leave established under section 5906.02 of the Revised Code, if the terms of the agreement contain benefits that are less than those contained in section 5906.02 of the Revised Code; (4) The law pertaining to excess benefits prohibited under section 3345.311 of the Revised Code with respect to an agreement between an employee organization and a public employer entered into on or after September 29, 2015; (5) state State employee work location policies with respect to an agreement between an employee organization and a public employer entered into on or after the effective date of this amendmentSeptember 30, 2025; (6) The law pertaining to prohibited adverse employment actions under sections 3313.475, 3345.561, and 4113.90 of the Revised Code with respect to an agreement between an employee organization and a public employer entered into on or after the effective date of this amendment. Except for sections 306.08, 306.12, 306.35, and 4981.22 of the Revised Code and arrangements entered into thereunder, and section 4981.21 of the Revised Code as necessary to comply with section 13(c) of the "Urban Mass Transportation Act of 1964," 87 Stat. 295, 49 U.S.C.A. 1609(c), as amended, and arrangements entered into thereunder, this chapter prevails over any and all other conflicting laws, resolutions, provisions, present or future, except as otherwise specified in this chapter or as otherwise specified by the general assembly. Nothing in this section prohibits or shall be construed to invalidate the provisions of an agreement establishing supplemental workers' compensation or unemployment compensation benefits or exceeding minimum requirements contained in the Revised Code pertaining to 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 H. B. No. 798 Page 43 As Introduced public education or the minimum standards promulgated by the director of education and workforce pursuant to division (D) of section 3301.07 of the Revised Code. (B) The public employer shall submit a request for funds necessary to implement an agreement and for approval of any other matter requiring the approval of the appropriate legislative body to the legislative body within fourteen days of the date on which the parties finalize the agreement, unless otherwise specified, but if the appropriate legislative body is not in session at the time, then within fourteen days after it convenes. The legislative body must approve or reject the submission as a whole, and the submission is deemed approved if the legislative body fails to act within thirty days after the public employer submits the agreement. The parties may specify that those provisions of the agreement not requiring action by a legislative body are effective and operative in accordance with the terms of the agreement, provided there has been compliance with division (C) of this section. If the legislative body rejects the submission of the public employer, either party may reopen all or part of the entire agreement. As used in this section, "legislative body" includes the governing board of a municipal corporation, school district, college or university, village, township, or board of county commissioners or any other body that has authority to approve the budget of their public jurisdiction and, with regard to the state, "legislative body" means the controlling board. (C) The chief executive officer, or the chief executive officer's representative, of each municipal corporation, the designated representative of the board of education of each school district, college or university, or any other body that 1196 1197 1198 1199 1200 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 H. B. No. 798 Page 44 As Introduced has authority to approve the budget of their public jurisdiction, the designated representative of the board of county commissioners and of each elected officeholder of the county whose employees are covered by the collective negotiations, and the designated representative of the village or the board of township trustees of each township is responsible for negotiations in the collective bargaining process; except that the legislative body may accept or reject a proposed collective bargaining agreement. When the matters about which there is agreement are reduced to writing and approved by the employee organization and the legislative body, the agreement is binding upon the legislative body, the employer, and the employee organization and employees covered by the agreement. (D) There is hereby established an office of collective bargaining in the department of administrative services for the purpose of negotiating with and entering into written agreements between state agencies, departments, boards, and commissions and the exclusive representative on matters of wages, hours, terms and other conditions of employment and the continuation, modification, or deletion of an existing provision of a collective bargaining agreement. Nothing in any provision of law to the contrary shall be interpreted as excluding the bureau of workers' compensation and the industrial commission from the preceding sentence. This office shall not negotiate on behalf of other statewide elected officials or boards of trustees of state institutions of higher education who shall be considered as separate public employers for the purposes of this chapter; however, the office may negotiate on behalf of these officials or trustees where authorized by the officials or trustees. The staff of the office of collective bargaining are in the 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 H. B. No. 798 Page 45 As Introduced unclassified service. The director of administrative services shall fix the compensation of the staff. The office of collective bargaining shall: (1) Assist the director in formulating management's philosophy for public collective bargaining as well as planning bargaining strategies; (2) Conduct negotiations with the exclusive representatives of each employee organization; (3) Coordinate the state's resources in all mediation, fact-finding, and arbitration cases as well as in all labor disputes; (4) Conduct systematic reviews of collective bargaining agreements for the purpose of contract negotiations; (5) Coordinate the systematic compilation of data by all agencies that is required for negotiating purposes; (6) Prepare and submit an annual report and other reports as requested to the governor and the general assembly on the implementation of this chapter and its impact upon state government. Sec. 4506.01. As used in this chapter: (A) "Alcohol concentration" means the concentration of alcohol in a person's blood, breath, or urine. When expressed as a percentage, it means grams of alcohol per the following: (1) One hundred milliliters of whole blood, blood serum, or blood plasma; (2) Two hundred ten liters of breath; (3) One hundred milliliters of urine. 1257 1258 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 H. B. No. 798 Page 46 As Introduced (B) "Commercial driver's license" means a license issued in accordance with this chapter that authorizes an individual to drive a commercial motor vehicle. (C) "Commercial driver's license information system" means the information system established pursuant to the requirements of the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171, 49 U.S.C.A. App. 2701. (D) Except when used in section 4506.25 of the Revised Code, "commercial motor vehicle" means any motor vehicle designed or used to transport persons or property that meets any of the following qualifications: (1) Any combination of vehicles with a gross vehicle weight or combined gross vehicle weight rating of twenty-six thousand one pounds or more, provided the gross vehicle weight or gross vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds; (2) Any single vehicle with a gross vehicle weight or gross vehicle weight rating of twenty-six thousand one pounds or more; (3) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but is designed to transport sixteen or more passengers including the driver; (4) Any school bus with a gross vehicle weight or gross vehicle weight rating of less than twenty-six thousand one pounds that is designed to transport fewer than sixteen passengers including the driver; (5) Is transporting hazardous materials for which placarding is required under subpart F of 49 C.F.R. part 172, as amended; 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 H. B. No. 798 Page 47 As Introduced (6) Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is considered by the federal motor carrier safety administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane. (E) "Controlled substance" means all of the following: (1) Any substance classified as a controlled substance under the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A. 802(6), as amended; (2) Any substance included in schedules I through V of 21 C.F.R. part 1308, as amended; (3) Any drug of abuse. (F) "Conviction" means an unvacated adjudication of guilt or a determination that a person has violated or failed to comply with the law in a court of original jurisdiction or an authorized administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine or court cost, or violation of a condition of release without bail, regardless of whether or not the penalty is rebated, suspended, or probated. (G) "Disqualification" means any of the following: (1) The suspension, revocation, or cancellation of a person's privileges to operate a commercial motor vehicle; (2) Any withdrawal of a person's privileges to operate a commercial motor vehicle as the result of a violation of state or local law relating to motor vehicle traffic control other 1313 1314 1315 1316 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327 1328 1329 1330 1331 1332 1333 1334 1335 1336 1337 1338 1339 1340 H. B. No. 798 Page 48 As Introduced than parking, vehicle weight, or vehicle defect violations; (3) A determination by the federal motor carrier safety administration that a person is not qualified to operate a commercial motor vehicle under 49 C.F.R. 391. (H) "Domiciled" means having a true, fixed, principal, and permanent residence to which an individual intends to return. (I) "Downgrade" means any of the following, as applicable: (1) A change in the commercial driver's license, or commercial driver's license temporary instruction permit, holder's self-certified status as described in division (A)(1) of section 4506.10 of the Revised Code; (2) A change to a lesser class of vehicle; (3) Removal of commercial driver's license privileges from the individual's driver's license; (4) A change in the commercial driver's license, or commercial driver's license temporary instruction permit, holder's privileges as described in division (F)(1) of section 4506.13 of the Revised Code. (J) "Drive" means to drive, operate, or be in physical control of a motor vehicle. (K) "Driver" means any person who drives, operates, or is in physical control of a commercial motor vehicle or is required to have a commercial driver's license. (L) "Driver's license" means a license issued by the bureau of motor vehicles that authorizes an individual to drive. (M) "Drug of abuse" means any controlled substance, dangerous drug as defined in section 4729.01 of the Revised 1341 1342 1343 1344 1345 1346 1347 1348 1349 1350 1351 1352 1353 1354 1355 1356 1357 1358 1359 1360 1361 1362 1363 1364 1365 1366 1367 H. B. No. 798 Page 49 As Introduced Code, harmful intoxicant as defined in section 2925.01 of the Revised Code, or over-the-counter medication that, when taken in quantities exceeding the recommended dosage, can result in impairment of judgment or reflexes. (N) "Electronic device" includes a cellular telephone, a personal digital assistant, a pager, a computer, and any other device used to input, write, send, receive, or read text. (O) "Eligible unit of local government" means a village, township, or county that has a population of not more than three thousand persons according to the most recent federal census. (P) "Employer" means any person, including the federal government, any state, and a political subdivision of any state, that owns or leases a commercial motor vehicle or assigns a person to drive such a motor vehicle. (Q) "Endorsement" means an authorization on a person's commercial driver's license that is required to permit the person to operate a specified type of commercial motor vehicle. (R) "Farm truck" means a truck controlled and operated by a farmer for use in the transportation to or from a farm, for a distance of not more than one hundred fifty miles, of products of the farm, including livestock and its products, poultry and its products, floricultural and horticultural products, and in the transportation to the farm, from a distance of not more than one hundred fifty miles, of supplies for the farm, including tile, fence, and every other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production, and livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of the farm, when the truck is 1368 1369 1370 1371 1372 1373 1374 1375 1376 1377 1378 1379 1380 1381 1382 1383 1384 1385 1386 1387 1388 1389 1390 1391 1392 1393 1394 1395 1396 H. B. No. 798 Page 50 As Introduced operated in accordance with this division and is not used in the operations of a motor carrier, as defined in section 4923.01 of the Revised Code. (S) "Fatality" means the death of a person as the result of a motor vehicle accident occurring not more than three hundred sixty-five days prior to the date of death. (T) "Felony" means any offense under federal or state law that is punishable by death or specifically classified as a felony under the law of this state, regardless of the penalty that may be imposed. (U) "Foreign jurisdiction" means any jurisdiction other than a state. (V) "Gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of each towed unit. (W) "Hazardous materials" means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as amended. (X) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or 1397 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409 1410 1411 1412 1413 1414 1415 1416 1417 1418 1419 1420 1421 1422 1423 1424 1425 H. B. No. 798 Page 51 As Introduced endangerment. (Y) "Medical variance" means one of the following received by a driver from the federal motor carrier safety administration that allows the driver to be issued a medical certificate: (1) An exemption letter permitting operation of a commercial motor vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64; (2) A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. 391.49. (Z) "Mobile telephone" means a mobile communication device that falls under or uses any commercial mobile radio service as defined in 47 C.F.R. 20, except that mobile telephone does not include two-way or citizens band radio services. (AA) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail. (BB) "Out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, local, Canadian, or Mexican jurisdiction declaring that a driver, commercial motor vehicle, or commercial motor carrier operation is out of service as defined in 49 C.F.R. 390.5. (CC) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code. (DD) "Portable tank" means a liquid or gaseous packaging designed primarily to be loaded onto or temporarily attached to 1426 1427 1428 1429 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443 1444 1445 1446 1447 1448 1449 1450 1451 1452 1453 H. B. No. 798 Page 52 As Introduced a vehicle and equipped with skids, mountings, or accessories to facilitate handling of the tank by mechanical means. (EE) "Public safety vehicle" has the same meaning as in divisions (E)(1) and (3) of section 4511.01 of the Revised Code. (FF) "Recreational vehicle" includes every vehicle that is defined as a recreational vehicle in section 4501.01 of the Revised Code and is used exclusively for purposes other than engaging in business for profit. (GG) "Residence" means any person's residence determined in accordance with standards prescribed in rules adopted by the registrar. (HH) "Sex" has the same meaning as in section 9.05 of the Revised Code. (II) "School bus" has the same meaning as in section 4511.01 of the Revised Code. (II)(JJ) "Serious traffic violation" means any of the following: (1) A conviction arising from a single charge of operating a commercial motor vehicle in violation of any provision of section 4506.03 of the Revised Code; (2)(a) Except as provided in division (II)(2)(b)(JJ)(2)(b) of this section, a violation while operating a commercial motor vehicle of a law of this state, or any municipal ordinance or county or township resolution, or any other substantially similar law of another state or political subdivision of another state prohibiting either of the following: (i) Texting while driving; 1454 1455 1456 1457 1458 1459 1460 1461 1462 1463 1464 1465 1466 1467 1468 1469 1470 1471 1472 1473 1474 1475 1476 1477 1478 1479 1480 H. B. No. 798 Page 53 As Introduced (ii) Using a handheld mobile telephone. (b) It is not a serious traffic violation if the person was texting or using a handheld mobile telephone to contact law enforcement or other emergency services. (3) A conviction arising from the operation of any motor vehicle that involves any of the following: (a) A single charge of any speed in excess of the posted speed limit by fifteen miles per hour or more; (b) Violation of section 4511.20 or 4511.201 of the Revised Code or any similar ordinance or resolution, or of any similar law of another state or political subdivision of another state; (c) Violation of a law of this state or an ordinance or resolution relating to traffic control, other than a parking violation, or of any similar law of another state or political subdivision of another state, that results in a fatal accident; (d) Violation of section 4506.03 of the Revised Code or a substantially similar municipal ordinance or county or township resolution, or of any similar law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver's license with the proper class or endorsement for the specific vehicle group being operated or for the passengers or type of cargo being transported; (e) Violation of section 4506.03 of the Revised Code or a substantially similar municipal ordinance or county or township resolution, or of any similar law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver's 1481 1482 1483 1484 1485 1486 1487 1488 1489 1490 1491 1492 1493 1494 1495 1496 1497 1498 1499 1500 1501 1502 1503 1504 1505 1506 1507 1508 1509 H. B. No. 798 Page 54 As Introduced license being in the person's possession; (f) Violation of section 4511.33 or 4511.34 of the Revised Code, or any municipal ordinance or county or township resolution substantially similar to either of those sections, or any substantially similar law of another state or political subdivision of another state; (g) Violation of any other law of this state, any law of another state, or any ordinance or resolution of a political subdivision of this state or another state that meets both of the following requirements: (i) It relates to traffic control, other than a parking violation; (ii) It is determined to be a serious traffic violation by the United States secretary of transportation and is designated by the director as such by rule. (JJ)(KK) "State" means a state of the United States and includes the District of Columbia. (KK)(LL) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks that are either permanently or temporarily attached to the vehicle or its chassis and have an individual rated capacity of more than one hundred nineteen gallons and an aggregate rated capacity of one thousand gallons or more. "Tank vehicle" does not include a commercial motor vehicle transporting an empty storage container tank that is not designed for transportation, has a rated capacity of one thousand gallons or more, and is temporarily attached to a flatbed trailer. (LL)(MM) "Tester" means a person or entity acting pursuant 1510 1511 1512 1513 1514 1515 1516 1517 1518 1519 1520 1521 1522 1523 1524 1525 1526 1527 1528 1529 1530 1531 1532 1533 1534 1535 1536 1537 1538 H. B. No. 798 Page 55 As Introduced to a valid agreement entered into pursuant to division (B) of section 4506.09 of the Revised Code. (MM)(NN) "Texting" means manually entering alphanumeric text into, or reading text from, an electronic device. Texting includes short message service, e-mail, instant messaging, a command or request to access a world wide web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication. Texting does not include the following: (1) Using voice commands to initiate, receive, or terminate a voice communication using a mobile telephone; (2) Inputting, selecting, or reading information on a global positioning system or navigation system; (3) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or (4) Using, for a purpose that is not otherwise prohibited by law, a device capable of performing multiple functions, such as a fleet management system, a dispatching device, a mobile telephone, a citizens band radio, or a music player. (NN)(OO) "Texting while driving" means texting while operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Texting while driving does not include operating a commercial motor vehicle with or without the motor running when the driver has moved the vehicle to the side of, or off, a highway and is stopped in a location where the vehicle can safely remain stationary. (OO)(PP) "United States" means the fifty states and the 1539 1540 1541 1542 1543 1544 1545 1546 1547 1548 1549 1550 1551 1552 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564 1565 1566 1567 H. B. No. 798 Page 56 As Introduced District of Columbia. (PP)(QQ) "Upgrade" means a change in the class of vehicles, endorsements, or self-certified status as described in division (A)(1) of section 4506.10 of the Revised Code, that expands the ability of a current commercial driver's license holder to operate commercial motor vehicles under this chapter. (QQ)(RR) "Use of a handheld mobile telephone" means: (1) Using at least one hand to hold a mobile telephone to conduct a voice communication; (2) Dialing or answering a mobile telephone by pressing more than a single button; or (3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position, or restrained by a seat belt that is installed in accordance with 49 C.F.R. 393.93 and adjusted in accordance with the vehicle manufacturer's instructions. (RR)(SS) "Vehicle" has the same meaning as in section 4511.01 of the Revised Code. Sec. 4506.16. (A) Any person who is found to have been convicted of a violation of an out-of-service order shall be disqualified by the registrar of motor vehicles as follows: (1) If the person has not been convicted previously of a violation of an out-of-service order, the period of disqualification is one hundred eighty days. (2) If, during any ten-year period, the driver is convicted of a second violation of an out-of-service order in an incident separate from the incident that resulted in the first violation, the period of disqualification is two years. 1568 1569 1570 1571 1572 1573 1574 1575 1576 1577 1578 1579 1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593 1594 1595 H. B. No. 798 Page 57 As Introduced (3) If, during any ten-year period, the driver is convicted of a third or subsequent violation of an out-of- service order in an incident separate from the incidents that resulted in the previous violations during that ten-year period, the period of disqualification is three years. (B)(1) A driver is disqualified for one hundred eighty days if the driver is convicted of a first violation of an out- of-service order while transporting hazardous materials required to be placarded under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended, or while operating a motor vehicle designed to transport sixteen or more passengers, including the driver. (2) A driver is disqualified for a period of three years if, during any ten-year period, the driver is convicted of a second or subsequent violation, in an incident separate from the incident that resulted in a previous violation during that ten- year period, of an out-of-service order while transporting hazardous materials required to be placarded under that act, or while operating a motor vehicle designed to transport sixteen or more passengers, including the driver. (C) Whoever violates division (A)(1) of section 4506.15 of the Revised Code or a similar law of another state or a foreign jurisdiction, immediately shall be placed out-of-service for twenty-four hours, in addition to any disqualification required by this section and any other penalty imposed by the Revised Code. (D) The registrar of motor vehicles shall disqualify any holder of a commercial driver's license or commercial driver's license temporary instruction permit, or any operator of a commercial motor vehicle for which a commercial driver's license 1596 1597 1598 1599 1600 1601 1602 1603 1604 1605 1606 1607 1608 1609 1610 1611 1612 1613 1614 1615 1616 1617 1618 1619 1620 1621 1622 1623 1624 1625 H. B. No. 798 Page 58 As Introduced or permit is required, from operating a commercial motor vehicle as follows: (1) Upon a first conviction for a violation of any provision of divisions (A)(2) to (12) of section 4506.15 of the Revised Code or a similar law of another state or a foreign jurisdiction, or upon a first suspension imposed under section 4511.191 of the Revised Code or a similar law of another state or foreign jurisdiction, one year; (2) Upon a second conviction for a violation of any provision of divisions (A)(2) to (12) of section 4506.15 of the Revised Code or a similar law of another state or a foreign jurisdiction, or upon a second suspension imposed under section 4511.191 of the Revised Code or a similar law of another state or foreign jurisdiction, or any combination of such violations arising from two or more separate incidents, the person shall be disqualified for life or for any other period of time as determined by the United States secretary of transportation and designated by the director of public safety by rule; (3) Upon a first conviction for any of the following violations while transporting hazardous materials, three years: (a) Divisions (A)(2) to (12) of section 4506.15 of the Revised Code; (b) A similar law of another state or a foreign jurisdiction. (4) Upon conviction of a violation of division (A)(13) or (A)(14) of section 4506.15 of the Revised Code or a similar law of another state or a foreign jurisdiction, the person shall be disqualified for life; (5)(a) Upon conviction of two serious traffic violations 1626 1627 1628 1629 1630 1631 1632 1633 1634 1635 1636 1637 1638 1639 1640 1641 1642 1643 1644 1645 1646 1647 1648 1649 1650 1651 1652 1653 1654 H. B. No. 798 Page 59 As Introduced involving the operation of a commercial motor vehicle by the person and arising from separate incidents occurring in a three- year period, the person shall be disqualified for sixty days, which disqualification shall be imposed consecutively to any other separate disqualification imposed under division (D)(5) or (6) of this section; (b) Upon conviction of three or more serious traffic violations involving the operation of a commercial motor vehicle by the person and arising from separate incidents occurring in a three-year period, the person shall be disqualified for one hundred twenty days, which disqualification shall be imposed consecutively to any other separate disqualification imposed under division (D)(5) or (6) of this section; (6)(a) Upon conviction of two serious traffic violations involving the operation of a vehicle other than a commercial motor vehicle by the person and arising from separate incidents occurring in a three-year period, the person shall be disqualified for sixty days if the conviction results in the suspension, cancellation, or revocation of the holder's commercial driver's license or commercial driver's license temporary instruction permit, or noncommercial motor vehicle driving privileges, which disqualification shall be imposed consecutively to any other separate disqualification imposed under division (D)(5) or (6) of this section; (b) Upon conviction of three or more serious traffic violations involving the operation of a vehicle other than a commercial motor vehicle by the person and arising from separate incidents occurring in a three-year period, the person shall be disqualified for one hundred twenty days if the conviction results in the suspension, cancellation, or revocation of the 1655 1656 1657 1658 1659 1660 1661 1662 1663 1664 1665 1666 1667 1668 1669 1670 1671 1672 1673 1674 1675 1676 1677 1678 1679 1680 1681 1682 1683 1684 H. B. No. 798 Page 60 As Introduced holder's commercial driver's license or permit, or noncommercial motor vehicle driving privileges, which disqualification shall be imposed consecutively to any other separate disqualification imposed under division (D)(5) or (6) of this section. (7) Upon a first conviction involving the operation of a commercial motor vehicle in violation of any provisions of sections 4511.61 to 4511.63 of the Revised Code or a similar law of another state or foreign jurisdiction, not less than sixty days; (8) Upon a second conviction involving the operation of a commercial motor vehicle in violation of any provisions of sections 4511.61 to 4511.63 of the Revised Code or a similar law of another state or foreign jurisdiction within three years of the first such conviction, not less than one hundred twenty days; (9) Upon a third or subsequent conviction involving the operation of a commercial motor vehicle in violation of any provisions of sections 4511.61 to 4511.63 of the Revised Code or a similar law of another state or foreign jurisdiction within three years of the first such conviction, not less than one year; (10) Upon receiving notification from the federal motor carrier safety administration, the registrar immediately, prior to any hearing, shall disqualify any commercial motor vehicle driver whose driving is determined to constitute an imminent hazard as defined under federal motor carrier safety regulation 49 C.F.R. 383.52. (E) For the purposes of this section, conviction of a violation for which disqualification is required includes 1685 1686 1687 1688 1689 1690 1691 1692 1693 1694 1695 1696 1697 1698 1699 1700 1701 1702 1703 1704 1705 1706 1707 1708 1709 1710 1711 1712 1713 H. B. No. 798 Page 61 As Introduced conviction under any municipal ordinance that is substantially similar to any section of the Revised Code that is set forth in division (D) of this section and may be evidenced by any of the following: (1) A judgment entry of a court of competent jurisdiction in this or any other state; (2) An administrative order of a state agency of this or any other state having statutory jurisdiction over commercial drivers; (3) A computer record obtained from or through the commercial driver's license information system; (4) A computer record obtained from or through a state agency of this or any other state having statutory jurisdiction over commercial drivers or the records of commercial drivers. (F) For purposes of this section, conviction of disqualifying offenses committed in a noncommercial motor vehicle are included if either of the following applies: (1) The offense occurred after the person obtained the person's commercial driver's license or commercial driver's license temporary instruction permit. (2) The offense occurs on or after September 30, 2005. (G) If a person commits a serious traffic violation by operating a commercial motor vehicle without having a commercial driver's license or commercial driver's license temporary instruction permit in the person's possession as described in division (II)(3)(e)(JJ)(3)(e) of section 4506.01 of the Revised Code and the person then submits proof to either the enforcement agency that issued the citation for the violation or to the 1714 1715 1716 1717 1718 1719 1720 1721 1722 1723 1724 1725 1726 1727 1728 1729 1730 1731 1732 1733 1734 1735 1736 1737 1738 1739 1740 1741 H. B. No. 798 Page 62 As Introduced court with jurisdiction over the case before the date of the person's initial appearance that shows that the person held a valid commercial driver's license or permit at the time of the violation, the violation shall not be deemed to be a serious traffic violation. (H) Any record described in division (C) of this section shall be deemed to be self-authenticating when it is received by the bureau of motor vehicles. (I) When disqualifying a driver, the registrar shall cause the records of the bureau to be updated to reflect that action within ten days after it occurs. (J) The registrar immediately shall notify a driver who is finally convicted of any offense described in section 4506.15 of the Revised Code or division (D)(4), (5), or (6) of this section and thereby is subject to disqualification, of the offense or offenses involved, of the length of time for which disqualification is to be imposed, and that the driver may request a hearing within thirty days of the mailing of the notice to show cause why the driver should not be disqualified from operating a commercial motor vehicle. If a request for such a hearing is not made within thirty days of the mailing of the notice, the order of disqualification is final. The registrar may designate hearing examiners who, after affording all parties reasonable notice, shall conduct a hearing to determine whether the disqualification order is supported by reliable evidence. The registrar shall adopt rules to implement this division. (K) Any person who is disqualified from operating a commercial motor vehicle under this section may apply to the registrar for a driver's license to operate a motor vehicle other than a commercial motor vehicle, provided the person's 1742 1743 1744 1745 1746 1747 1748 1749 1750 1751 1752 1753 1754 1755 1756 1757 1758 1759 1760 1761 1762 1763 1764 1765 1766 1767 1768 1769 1770 1771 H. B. No. 798 Page 63 As Introduced commercial driver's license is not otherwise suspended. A person whose commercial driver's license is suspended shall not apply to the registrar for or receive a driver's license under Chapter 4507. of the Revised Code during the period of suspension. (L) The disqualifications imposed under this section are in addition to any other penalty imposed by the Revised Code. (M) Any conviction for an offense that would lead to disqualification as specified in this section, whether committed in a commercial motor vehicle or a vehicle other than a commercial motor vehicle, shall be counted for the purposes of determining the number of violations and the appropriate disqualification period under this section. Sec. 4507.01. (A) As used in this chapter, "motor vehicle," "motorized bicycle," "state," "owner," "operator," "chauffeur," and "highways" have the same meanings as in section 4501.01 of the Revised Code. "Driver's license" means a class D license issued to any person to operate a motor vehicle or motor-driven cycle, other than a commercial motor vehicle, and includes "probationary license," "restricted license," "limited term license," and any operator's or chauffeur's license issued before January 1, 1990. "Probationary license" means the license issued to any person between sixteen and eighteen years of age to operate a motor vehicle. "Restricted license" means the license issued to any person to operate a motor vehicle subject to conditions or restrictions imposed by the registrar of motor vehicles. "Commercial driver's license" means the license issued to a person under Chapter 4506. of the Revised Code to operate a 1772 1773 1774 1775 1776 1777 1778 1779 1780 1781 1782 1783 1784 1785 1786 1787 1788 1789 1790 1791 1792 1793 1794 1795 1796 1797 1798 1799 1800 H. B. No. 798 Page 64 As Introduced commercial motor vehicle. "Commercial motor vehicle" has the same meaning as in section 4506.01 of the Revised Code. "Motorcycle operator's temporary instruction permit, license, or endorsement" includes a temporary instruction permit, license, or endorsement for a motor-driven cycle or motor scooter unless otherwise specified. "Motorized bicycle license" means the license issued under section 4511.521 of the Revised Code to any person to operate a motorized bicycle including a "probationary motorized bicycle license." "Probationary motorized bicycle license" means the license issued under section 4511.521 of the Revised Code to any person between fourteen and sixteen years of age to operate a motorized bicycle. "Identification card" means a card issued under sections 4507.50 to 4507.52 of the Revised Code. "Resident" means a person who, in accordance with standards prescribed in rules adopted by the registrar, resides in this state on a permanent basis. "Temporary resident" means a person who, in accordance with standards prescribed in rules adopted by the registrar, resides in this state on a temporary basis. "Sex" has the same meaning as in section 9.05 of the Revised Code. (B) In the administration of this chapter and Chapter 4506. of the Revised Code, the registrar has the same authority as is conferred on the registrar by section 4501.02 of the 1801 1802 1803 1804 1805 1806 1807 1808 1809 1810 1811 1812 1813 1814 1815 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 1826 1827 1828 H. B. No. 798 Page 65 As Introduced Revised Code. Any act of an authorized deputy registrar of motor vehicles under direction of the registrar is deemed the act of the registrar. To carry out this chapter, the registrar shall appoint such deputy registrars in each county as are necessary. The registrar also shall provide at each place where an application for a driver's or commercial driver's license or identification card may be made the necessary equipment to take a photograph of the applicant for such license or card as required under section 4506.11 or 4507.06 of the Revised Code, and to conduct the vision screenings required by section 4507.12 of the Revised Code. The registrar shall assign one or more deputy registrars to any driver's license examining station operated under the supervision of the director of public safety, whenever the registrar considers such assignment possible. Space shall be provided in the driver's license examining station for any such deputy registrar so assigned. The deputy registrars shall not exercise the powers conferred by such sections upon the registrar, unless they are specifically authorized to exercise such powers by such sections. (C) No agent for any insurance company, writing automobile insurance, shall be appointed deputy registrar, and any such appointment is void. No deputy registrar shall in any manner solicit any form of automobile insurance, nor in any manner advise, suggest, or influence any licensee or applicant for license for or against any kind or type of automobile insurance, insurance company, or agent, nor have the deputy registrar's office directly connected with the office of any automobile insurance agent, nor impart any information furnished by any 1829 1830 1831 1832 1833 1834 1835 1836 1837 1838 1839 1840 1841 1842 1843 1844 1845 1846 1847 1848 1849 1850 1851 1852 1853 1854 1855 1856 1857 1858 H. B. No. 798 Page 66 As Introduced applicant for a license or identification card to any person, except the registrar. This division shall not apply to any nonprofit corporation appointed deputy registrar. (D) The registrar shall immediately remove a deputy registrar who violates the requirements of this chapter. Section 2. That existing sections 3314.03, 3319.90, 3326.11, 3345.90, 3705.08, 3705.16, 3705.20, 3705.21, 3705.22, 4117.10, 4506.01, 4506.16, and 4507.01 of the Revised Code are hereby repealed. Section 3. This act shall be known as the Privacy Protection Act. 1859 1860 1861 1862 1863 1864 1865 1866 1867 1868 1869