Enact the Privacy Protection Act

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 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.

(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 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 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 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 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;

(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 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. 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
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:

(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 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.

(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.

(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, 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 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 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 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 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
students
individuals

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
students
individuals

of the male
biological

sex
only or by
students
individuals

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 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, 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, 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 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, changing room,
"overnight
accommodations,"
or
shower room accessible by multiple
students
individuals

at the same time for the exclusive use by
students
individuals

of the male
biological

sex
only or by
students
individuals

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.

(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 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.

(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 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 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 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 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 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.

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, 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 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, 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 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 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 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:

(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;

(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 amendment
September
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 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 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 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.

(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;

(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 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 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 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 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 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;

(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 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 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 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.

(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 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 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 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 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 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 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 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 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 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.