As Passed by the House

134th General Assembly

Regular Session Sub. H. B. No. 99
2021-2022
Representative Hall
Cosponsors: Representatives Riedel, Stoltzfus, Seitz, Stewart, Baldridge, Bird,
Callender, Click, Creech, Cross, Cutrona, Edwards, Ferguson, Fowler Arthur,
Gross, Hillyer, Holmes, Hoops, John, Johnson, Jones, Jordan, Lipps, McClain,
Miller, K., Powell, Schmidt, Stein, Stephens, Vitale, Wiggam, Young, T.

A BILL
To amend sections 109.73, 109.78, 149.433, and 1
2923.122 and to enact section 109.805 of the 2
Revised Code to expressly exempt persons 3
authorized to go armed within a school safety 4
zone from a peace officer basic training 5
requirement, to impose training and other 6
requirements on those persons, and to require 7
that a board of education or school governing 8
body that authorizes persons to go armed in a 9
school provide public notice of that 10
authorization. 11

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

Section 1. That sections 109.73, 109.78, 149.433, and 12

2923.122 be amended and section 109.805 of the Revised Code be 13
enacted to read as follows: 14

Sec. 109.73. (A) The Ohio peace officer training 15

commission shall recommend rules to the attorney general with 16
Sub. H. B. No. 99 Page 2
As Passed by the House

respect to all of the following: 17

(1) The approval, or revocation of approval, of peace 18

officer training schools administered by the state, counties, 19
municipal corporations, public school districts, technical 20
college districts, and the department of natural resources; 21

(2) Minimum courses of study, attendance requirements, and 22

equipment and facilities to be required at approved state, 23
county, municipal, and department of natural resources peace 24
officer training schools; 25

(3) Minimum qualifications for instructors at approved 26

state, county, municipal, and department of natural resources 27
peace officer training schools; 28

(4) The requirements of minimum basic training that peace 29

officers appointed to probationary terms shall complete before 30
being eligible for permanent appointment, which requirements 31
shall include training in the handling of the offense of 32
domestic violence, other types of domestic violence-related 33
offenses and incidents, and protection orders and consent 34
agreements issued or approved under section 2919.26 or 3113.31 35
of the Revised Code; crisis intervention training; and training 36
in the handling of missing children and child abuse and neglect 37
cases; and training in handling violations of section 2905.32 of 38
the Revised Code; and the time within which such basic training 39
shall be completed following appointment to a probationary term; 40

(5) The requirements of minimum basic training that peace 41

officers not appointed for probationary terms but appointed on 42
other than a permanent basis shall complete in order to be 43
eligible for continued employment or permanent appointment, 44
which requirements shall include training in the handling of the 45
Sub. H. B. No. 99 Page 3
As Passed by the House

offense of domestic violence, other types of domestic violence- 46

related offenses and incidents, and protection orders and 47
consent agreements issued or approved under section 2919.26 or 48
3113.31 of the Revised Code, crisis intervention training, and 49
training in the handling of missing children and child abuse and 50
neglect cases, and training in handling violations of section 51
2905.32 of the Revised Code, and the time within which such 52
basic training shall be completed following appointment on other 53
than a permanent basis; 54

(6) Categories or classifications of advanced in-service 55

training programs for peace officers, including programs in the 56
handling of the offense of domestic violence, other types of 57
domestic violence-related offenses and incidents, and protection 58
orders and consent agreements issued or approved under section 59
2919.26 or 3113.31 of the Revised Code, in crisis intervention, 60
and in the handling of missing children and child abuse and 61
neglect cases, and in handling violations of section 2905.32 of 62
the Revised Code, and minimum courses of study and attendance 63
requirements with respect to such categories or classifications; 64

(7) Permitting persons, who are employed as members of a 65

campus police department appointed under section 1713.50 of the 66
Revised Code; who are employed as police officers by a qualified 67
nonprofit corporation police department pursuant to section 68
1702.80 of the Revised Code; who are appointed and commissioned 69
as bank, savings and loan association, savings bank, credit 70
union, or association of banks, savings and loan associations, 71
savings banks, or credit unions police officers, as railroad 72
police officers, or as hospital police officers pursuant to 73
sections 4973.17 to 4973.22 of the Revised Code; or who are 74
appointed and commissioned as amusement park police officers 75
pursuant to section 4973.17 of the Revised Code, to attend 76
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As Passed by the House

approved peace officer training schools, including the Ohio 77

peace officer training academy, and to receive certificates of 78
satisfactory completion of basic training programs, if the 79
private college or university that established the campus police 80
department; qualified nonprofit corporation police department; 81
bank, savings and loan association, savings bank, credit union, 82
or association of banks, savings and loan associations, savings 83
banks, or credit unions; railroad company; hospital; or 84
amusement park sponsoring the police officers pays the entire 85
cost of the training and certification and if trainee vacancies 86
are available; 87

(8) Permitting undercover drug agents to attend approved 88

peace officer training schools, other than the Ohio peace 89
officer training academy, and to receive certificates of 90
satisfactory completion of basic training programs, if, for each 91
undercover drug agent, the county, township, or municipal 92
corporation that employs that undercover drug agent pays the 93
entire cost of the training and certification; 94

(9)(a) The requirements for basic training programs for 95

bailiffs and deputy bailiffs of courts of record of this state 96
and for criminal investigators employed by the state public 97
defender that those persons shall complete before they may carry 98
a firearm while on duty; 99

(b) The requirements for any training received by a 100

bailiff or deputy bailiff of a court of record of this state or 101
by a criminal investigator employed by the state public defender 102
prior to June 6, 1986, that is to be considered equivalent to 103
the training described in division (A)(9)(a) of this section. 104

(10) Establishing minimum qualifications and requirements 105

for certification for dogs utilized by law enforcement agencies; 106
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As Passed by the House

(11) Establishing minimum requirements for certification 107

of persons who are employed as correction officers in a full- 108
service jail, five-day facility, or eight-hour holding facility 109
or who provide correction services in such a jail or facility; 110

(12) Establishing requirements for the training of humane 111

society agents under section 1717.061 of the Revised Code, 112
including, without limitation, a requirement that the agents 113
receive instruction on traditional animal husbandry methods and 114
training techniques, including customary owner-performed 115
practices; 116

(13) Permitting tactical medical professionals to attend 117

approved peace officer training schools, including the Ohio 118
peace officer training academy, to receive training of the type 119
described in division (A)(14) of this section and to receive 120
certificates of satisfactory completion of training programs 121
described in that division; 122

(14) The requirements for training programs that tactical 123

medical professionals shall complete to qualify them to carry 124
firearms while on duty under section 109.771 of the Revised 125
Code, which requirements shall include at least the firearms 126
training specified in division (A) of section 109.748 of the 127
Revised Code; 128

(15) Procedures and requirements for a portion of basic 129

training that peace officers complete in proper interactions 130
with civilians during traffic stops and other in-person 131
encounters as specified in division (B)(4) of section 109.803 of 132
the Revised Code and including the topics of instruction listed 133
for active duty peace officers under divisions (B)(4)(a) to (d) 134
of that section; 135
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As Passed by the House

(16) The requirements for initial training that a person 136

must successfully complete to be qualified to serve as a person 137
authorized to go armed within a school safety zone under section 138
2923.122 of the Revised Code; 139

(17) The requirements for additional training that a 140

person must successfully complete, after receiving the training 141
required under the rules described in division (A)(16) of this 142
section, to be qualified to serve as a person authorized to go 143
armed within a school safety zone under section 2923.122 of the 144
Revised Code. 145

(B) The commission shall appoint an executive director, 146

with the approval of the attorney general, who shall hold office 147
during the pleasure of the commission. The executive director 148
shall perform such duties assigned by the commission. The 149
executive director shall receive a salary fixed pursuant to 150
Chapter 124. of the Revised Code and reimbursement for expenses 151
within the amounts available by appropriation. The executive 152
director may appoint officers, employees, agents, and 153
consultants as the executive director considers necessary, 154
prescribe their duties, and provide for reimbursement of their 155
expenses within the amounts available for reimbursement by 156
appropriation and with the approval of the commission. 157

(C) The commission may do all of the following: 158

(1) Recommend studies, surveys, and reports to be made by 159

the executive director regarding the carrying out of the 160
objectives and purposes of sections 109.71 to 109.77 of the 161
Revised Code; 162

(2) Visit and inspect any peace officer training school 163
that has been approved by the executive director or for which 164
Sub. H. B. No. 99 Page 7
As Passed by the House

application for approval has been made; 165

(3) Make recommendations, from time to time, to the 166

executive director, the attorney general, and the general 167
assembly regarding the carrying out of the purposes of sections 168
109.71 to 109.77 of the Revised Code; 169

(4) Report to the attorney general from time to time, and 170
to the governor and the general assembly at least annually, 171
concerning the activities of the commission; 172

(5) Establish fees for the services the commission offers 173
under sections 109.71 to 109.79 of the Revised Code, including, 174
but not limited to, fees for training, certification, and 175
testing; 176

(6) Perform such other acts as are necessary or 177

appropriate to carry out the powers and duties of the commission 178
as set forth in sections 109.71 to 109.77 of the Revised Code. 179

(D) In establishing the requirements, under division (A) 180

(12) of this section, the commission may consider any portions 181
of the curriculum for instruction on the topic of animal 182
husbandry practices, if any, of the Ohio state university 183
college of veterinary medicine. No person or entity that fails 184
to provide instruction on traditional animal husbandry methods 185
and training techniques, including customary owner-performed 186
practices, shall qualify to train a humane society agent for 187
appointment under section 1717.06 of the Revised Code. 188

(E) As used in divisions (A)(16) and (17) of this section, 189

"additional training," "initial training," and "person 190
authorized to go armed within a school safety zone" have the 191
same meanings as in section 2923.122 of the Revised Code. 192

Sec. 109.78. (A) The executive director of the Ohio peace 193
Sub. H. B. No. 99 Page 8
As Passed by the House

officer training commission, on behalf of the commission and in 194

accordance with rules promulgated by the attorney general, shall 195
certify persons who have satisfactorily completed approved 196
training programs designed to qualify persons for positions as 197
special police, security guards, or persons otherwise privately 198
employed in a police capacity and issue appropriate certificates 199
to such persons. Application for approval of a training program 200
designed to qualify persons for such positions shall be made to 201
the commission. An application for approval shall be submitted 202
to the commission with a fee of one hundred twenty-five dollars, 203
which fee shall be refunded if the application is denied. Such 204
programs shall cover only duties and jurisdiction of such 205
security guards and special police privately employed in a 206
police capacity when such officers do not qualify for training 207
under section 109.71 of the Revised Code. A person attending an 208
approved basic training program administered by the state shall 209
pay to the agency administering the program the cost of the 210
person's participation in the program as determined by the 211
agency. A person attending an approved basic training program 212
administered by a county or municipal corporation shall pay the 213
cost of the person's participation in the program, as determined 214
by the administering subdivision, to the county or the municipal 215
corporation. A person who is issued a certificate for 216
satisfactory completion of an approved basic training program 217
shall pay to the commission a fee of fifteen dollars. A 218
duplicate of a lost, spoliated, or destroyed certificate may be 219
issued upon application and payment of a fee of fifteen dollars. 220
Such certificate or the completion of twenty years of active 221
duty as a peace officer shall satisfy the educational 222
requirements for appointment or commission as a special police 223
officer or special deputy of a political subdivision of this 224
state. 225
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As Passed by the House

(B)(1) The executive director of the Ohio peace officer 226

training commission, on behalf of the commission and in 227
accordance with rules promulgated by the attorney general, shall 228
certify basic firearms training programs, and shall issue 229
certificates to class A, B, or C licensees or prospective class 230
A, B, or C licensees under Chapter 4749. of the Revised Code and 231
to registered or prospective employees of such class A, B, or C 232
licensees who have satisfactorily completed a basic firearms 233
training program of the type described in division (A)(1) of 234
section 4749.10 of the Revised Code. 235

Application for approval of a basic firearms training 236

program shall be made to the commission. An application shall be 237
submitted to the commission with a fee of one hundred dollars, 238
which fee shall be refunded if the application is denied. 239

A person who is issued a certificate for satisfactory 240

completion of an approved basic firearms training program shall 241
pay a fee of ten dollars to the commission. A duplicate of a 242
lost, spoliated, or destroyed certificate may be issued upon 243
application and payment of a fee of five dollars. 244

(2) The executive director, on behalf of the commission 245

and in accordance with rules promulgated by the attorney 246
general, also shall certify firearms requalification training 247
programs and instructors for the annual requalification of class 248
A, B, or C licensees under Chapter 4749. of the Revised Code and 249
registered or prospective employees of such class A, B, or C 250
licensees who are authorized to carry a firearm under section 251
4749.10 of the Revised Code. Application for approval of a 252
training program or instructor for such purpose shall be made to 253
the commission. Such an application shall be submitted to the 254
commission with a fee of fifty dollars, which fee shall be 255
Sub. H. B. No. 99 Page 10
As Passed by the House

refunded if the application is denied. 256

(3) The executive director, upon request, also shall 257

review firearms training received within three years prior to 258
November 23, 1985, by any class A, B, or C licensee or 259
prospective class A, B, or C licensee, or by any registered or 260
prospective employee of any class A, B, or C licensee under 261
Chapter 4749. of the Revised Code to determine if the training 262
received is equivalent to a basic firearms training program that 263
includes twenty hours of handgun training and five hours of 264
training in the use of other firearms, if any other firearm is 265
to be used. If the executive director determines the training 266
was received within the three-year period and that it is 267
equivalent to such a program, the executive director shall issue 268
written evidence of approval of the equivalency training to the 269
licensee or employee. 270

(C) There is hereby established in the state treasury the 271

peace officer private security fund, which shall be used by the 272
Ohio peace officer training commission to administer the 273
training program to qualify persons for positions as special 274
police, security guards, or other private employment in a police 275
capacity, as described in division (A) of this section, and the 276
training program in basic firearms and the training program for 277
firearms requalification, both as described in division (B) of 278
this section. All fees paid to the commission by applicants for 279
approval of a training program designed to qualify persons for 280
such private police positions, basic firearms training program, 281
or a firearms requalification training program or instructor, as 282
required by division (A) or (B) of this section, by persons who 283
satisfactorily complete a private police training program or a 284
basic firearms training program, as required by division (A) or 285
(B) of this section, or by persons who satisfactorily requalify 286
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As Passed by the House

in firearms use, as required by division (B)(2) of section 287

4749.10 of the Revised Code, shall be transmitted to the 288
treasurer of state for deposit in the fund. The fund shall be 289
used only for the purpose set forth in this division. 290

(D) No (D)(1) Subject to division (D)(2) of this section, 291

no public or private educational institution or superintendent 292
of the state highway patrol shall employ a person as a special 293
police officer, as a security guard, or other for a similar law 294
enforcement or security position in which such person goes armed 295
while on duty, who has not received a certificate of having 296
satisfactorily completed an approved basic peace officer 297
training program, unless the person has completed twenty years 298
of active duty as a peace officer. 299

(2) Division (D)(1) of this section does not apply with 300
respect to the employment of a person by a board of education or 301
governing body of a school in a position in which the person has 302
been authorized by a board or governing body to voluntarily go 303
armed within a school safety zone within which the board or 304
governing body has authority, if both of the following apply 305
with respect to the employment and person: 306

(a) The person is a person authorized to go armed within a 307

school safety zone, as defined in section 2923.122 of the 308
Revised Code. 309

(b) The person is not being employed as a special police 310

officer or security officer. 311

(E) The general assembly, in amending division (D) of this 312

section pursuant to H.B. 99 of the 134th general assembly, 313
hereby declares that the purpose of those amendments is to 314
expressly overrule the decision of the Ohio Supreme Court in the 315
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As Passed by the House

case Gabbard v. Madison Local School Dist. Bd. of Edn., Slip 316
Opinion No. 2021-Ohio-2067. 317

Sec. 109.805. The attorney general shall adopt, in 318

accordance with Chapter 119. of the Revised Code or pursuant to 319
section 109.74 of the Revised Code, the following rules: 320

(A) Rules governing the requirements for initial training 321

that a person must successfully complete to be qualified to 322
serve as a person authorized to go armed within a school safety 323
zone under section 2923.122 of the Revised Code. The rules shall 324
include all of the following: 325

(1) Rules governing eighteen hours of general training 326

that a person must successfully complete to be qualified to 327
serve as a person authorized to go armed within a school safety 328
zone under section 2923.122 of the Revised Code. The rules shall 329
specify both of the following: 330

(a) The content of the training; 331

(b) That the number of hours of training shall not exceed 332
eighteen hours. 333

(2) Rules governing two hours of handgun training that a 334

person must successfully complete to be qualified to serve as a 335
person authorized to go armed within a school safety zone under 336
section 2923.122 of the Revised Code. The rules shall specify 337
both of the following: 338

(a) The content of the training as described in division 339

(C) of this section; 340

(b) That the number of hours of training shall not exceed 341
two hours. 342

(B) Rules governing the requirements for additional 343

Sub. H. B. No. 99 Page 13
As Passed by the House

training that a person must successfully complete, after 344

receiving the training required under the rules described in 345
division (A) of this section, to be qualified to serve as a 346
person authorized to go armed within a school safety zone under 347
section 2923.122 of the Revised Code. The rules shall include 348
all of the following: 349

(1) Rules governing two hours of general training that a 350

person must successfully complete, after receiving the training 351
required under the rules described in division (A) of this 352
section, to be qualified to serve as a person authorized to go 353
armed within a school safety zone under section 2923.122 of the 354
Revised Code. The rules shall specify all of the following: 355

(a) The content of the training; 356

(b) That the number of hours of training shall not exceed 357
two hours; 358

(c) That the training shall be completed annually. 359

(2) Rules governing two hours of handgun training that a 360

person must successfully complete, after receiving the training 361
required under the rules described in division (A) of this 362
section, to be qualified to serve as a person authorized to go 363
armed within a school safety zone under section 2923.122 of the 364
Revised Code. The rules shall specify all of the following: 365

(a) The content of the training as described in division 366

(C) of this section; 367

(b) That the number of hours of training shall not exceed 368
two hours; 369

(c) That the training shall be completed annually. 370

(C) The content of the handgun training described in 371

Sub. H. B. No. 99 Page 14
As Passed by the House

divisions (A)(2)(a) and (B)(2)(a) of this section shall require 372

a person authorized to go armed within a school safety zone to 373
complete all of the following: 374

(1) Demonstrate proper loading and holstering procedures; 375

(2) On signal, draw to close quarters retention position 376

and fire three rounds into the preferred area. Upon completion, 377
take appropriate post-shooting actions. The distance from the 378
target shall be four feet, the time allowed shall be five 379
seconds, and the number of rounds allowed shall be three. 380

(3) On signal, take a flanking step while drawing and fire 381
two rounds into the preferred area of the torso and then one 382
round into the head circle. Upon completion, take appropriate 383
post-shooting actions. The distance from the target shall be 384
nine feet, the time allowed shall be six seconds, and the number 385
of rounds allowed shall be three. 386

(4) On signal, take a flanking step while drawing and fire 387
four rounds into the preferred area with dominant hand only. 388
Upon completion, take appropriate post-shooting actions and 389
remain at the high ready position with the handgun in the 390
dominant hand. On command, transfer the handgun to the non- 391
dominant hand and remain at a chest ready or compressed ready 392
position. The distance from the target shall be twelve feet, the 393
time allowed shall be eight seconds, and the number of rounds 394
allowed shall be four. 395

(5) On signal, take a flanking step while presenting to 396

the target and fire four rounds into the preferred area with 397
non-dominant hand only. Upon completion, take appropriate post- 398
shooting actions. The distance from the target shall be twelve 399
feet, the time allowed shall be seven seconds, and the number of 400
Sub. H. B. No. 99 Page 15
As Passed by the House

rounds allowed shall be four. 401

(6) On signal, take a flanking step while drawing and fire 402
three rounds into the preferred area. On slide lock, take a 403
flanking step in the opposite direction while reloading and fire 404
three additional rounds into the preferred area. Upon 405
completion, take appropriate post-shooting actions. The handgun 406
shall be prepared with one round in the chamber and two in the 407
magazine. The distance from the target shall be twenty feet, the 408
time allowed shall be twelve seconds, and the number of rounds 409
allowed shall be six. 410

(7) On signal, take a flanking step while drawing and fire 411
three rounds into the preferred area. Upon completion, take 412
appropriate post-shooting actions. The distance from the target 413
shall be thirty feet, the time allowed shall be eight seconds, 414
and the number of rounds allowed shall be three. 415

(8) On signal, take a flanking step while drawing and fire 416
two rounds into the preferred area. Upon completion, take 417
appropriate post-shooting actions. The distance from the target 418
shall be fifty feet, the time allowed shall be eight seconds, 419
and the number of rounds allowed shall be two. 420

(9) Demonstrate proper unloading and clearing procedures. 421

(D) Nothing in this section prohibits the board of 422

education or governing body of a school from requiring more 423
training than the training requirements in this section for a 424
person authorized to go armed within a school safety zone. 425

(E) As used in this section, "additional training," 426

"initial training," and "person authorized to go armed within a 427
school safety zone" have the same meanings as in section 428
2923.122 of the Revised Code. 429
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As Passed by the House

Sec. 149.433. (A) As used in this section: 430

"Act of terrorism" has the same meaning as in section 431

2909.21 of the Revised Code. 432

"Express statement" means a written statement 433

substantially similar to the following: "This information is 434
voluntarily submitted to a public office in expectation of 435
protection from disclosure as provided by section 149.433 of the 436
Revised Code." 437

"Infrastructure record" means any record that discloses 438

the configuration of critical systems including, but not limited 439
to, communication, computer, electrical, mechanical, 440
ventilation, water, and plumbing systems, security codes, or the 441
infrastructure or structural configuration of a building. 442

"Infrastructure record" includes a risk assessment of 443

infrastructure performed by a state or local law enforcement 444
agency at the request of a property owner or manager. 445

"Infrastructure record" does not mean a simple floor plan 446

that discloses only the spatial relationship of components of 447
the building. 448

"Security record" means any of the following: 449

(1) Any record that contains information directly used for 450
protecting or maintaining the security of a public office 451
against attack, interference, or sabotage; 452

(2) Any record assembled, prepared, or maintained by a 453

public office or public body to prevent, mitigate, or respond to 454
acts of terrorism, including any of the following: 455

(a) Those portions of records containing specific and 456

unique vulnerability assessments or specific and unique response 457
Sub. H. B. No. 99 Page 17
As Passed by the House

plans either of which is intended to prevent or mitigate acts of 458

terrorism, and communication codes or deployment plans of law 459
enforcement or emergency response personnel; 460

(b) Specific intelligence information and specific 461

investigative records shared by federal and international law 462
enforcement agencies with state and local law enforcement and 463
public safety agencies; 464

(c) National security records classified under federal 465

executive order and not subject to public disclosure under 466
federal law that are shared by federal agencies, and other 467
records related to national security briefings to assist state 468
and local government with domestic preparedness for acts of 469
terrorism. 470

(3) An emergency management plan adopted pursuant to 471

section 5502.262 of the Revised Code. 472

(B)(1) A Except as otherwise provided in division (B)(4) 473

of this section, a record kept by a public office that is a 474
security record is not a public record under section 149.43 of 475
the Revised Code and is not subject to mandatory release or 476
disclosure under that section. 477

(2) A Except as otherwise provided in division (B)(4) of 478

this section, a record kept by a public office that is an 479
infrastructure record of a public office, public school, or a 480
chartered nonpublic school is not a public record under section 481
149.43 of the Revised Code and is not subject to mandatory 482
release or disclosure under that section. 483

(3) A record kept by a public office that is an 484

infrastructure record of a private entity may be exempted from 485
release or disclosure under division (C) of this section. 486
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As Passed by the House

(4) Divisions (B)(1) and (2) of this section do not apply 487
to a record that is a public notification required to be 488
provided under division (D)(1)(d) of section 2923.122 of the 489
Revised Code. A record that is such a public notification is a 490
public record to the extent that it is required to be provided 491
under division (D)(1)(d) of section 2923.122 of the Revised 492
Code. 493

(C) A record prepared by, submitted to, or kept by a 494

public office that is an infrastructure record of a private 495
entity, which is submitted to the public office for use by the 496
public office, when accompanied by an express statement, is 497
exempt from release or disclosure under section 149.43 of the 498
Revised Code for a period of twenty-five years after its 499
creation if it is retained by the public office for that length 500
of time. 501

(D) Notwithstanding any other section of the Revised Code, 502

disclosure by a public office, public employee, chartered 503
nonpublic school, or chartered nonpublic school employee of a 504
security record or infrastructure record that is necessary for 505
construction, renovation, or remodeling work on any public 506
building or project or chartered nonpublic school does not 507
constitute public disclosure for purposes of waiving division 508
(B) of this section and does not result in that record becoming 509
a public record for purposes of section 149.43 of the Revised 510
Code. 511

Sec. 2923.122. (A) No person shall knowingly convey, or 512

attempt to convey, a deadly weapon or dangerous ordnance into a 513
school safety zone. 514

(B) No person shall knowingly possess a deadly weapon or 515

dangerous ordnance in a school safety zone. 516
Sub. H. B. No. 99 Page 19
As Passed by the House

(C) No person shall knowingly possess an object in a 517

school safety zone if both of the following apply: 518

(1) The object is indistinguishable from a firearm, 519

whether or not the object is capable of being fired. 520

(2) The person indicates that the person possesses the 521
object and that it is a firearm, or the person knowingly 522
displays or brandishes the object and indicates that it is a 523
firearm. 524

(D)(1) This section does not apply to any of the 525

following: 526

(a) An officer, agent, or employee of this or any other 527

state or the United States who is authorized to carry deadly 528
weapons or dangerous ordnance and is acting within the scope of 529
the officer's, agent's, or employee's duties, a; 530

(b) A law enforcement officer who is authorized to carry 531

deadly weapons or dangerous ordnance, a; 532

(c) A security officer employed by a board of education or 533

governing body of a school during the time that the security 534
officer is on duty pursuant to that contract of employment, or 535
any; 536

(d) Any other person who has written authorization from 537
the board of education or governing body of a school authorized 538
to convey deadly weapons or dangerous ordnance into go armed 539
within a school safety zone or to possess a deadly weapon or 540
dangerous ordnance in a school safety zone and who conveys or 541
possesses the deadly weapon or dangerous ordnance in accordance 542
with that authorization if the board of education or governing 543
body of a school notifies the public, by whatever means the 544
school regularly communicates with the public, that the board or 545
Sub. H. B. No. 99 Page 20
As Passed by the House

governing body has authorized one or more other persons to go 546

armed within a school of the board or governing body. Nothing in 547
this division shall be construed as requiring the disclosure of 548
information that is not a public record under section 149.43 or 549
149.433 of the Revised Code; 550

(b) (e) Any person who is employed in this state, who is 551
authorized to carry deadly weapons or dangerous ordnance, and 552
who is subject to and in compliance with the requirements of 553
section 109.801 of the Revised Code, unless the appointing 554
authority of the person has expressly specified that the 555
exemption provided in division (D)(1)(b) (D)(1)(e) of this 556
section does not apply to the person. 557

(2) Division (C) of this section does not apply to 558

premises upon which home schooling is conducted. Division (C) of 559
this section also does not apply to a school administrator, 560
teacher, or employee who possesses an object that is 561
indistinguishable from a firearm for legitimate school purposes 562
during the course of employment, a student who uses an object 563
that is indistinguishable from a firearm under the direction of 564
a school administrator, teacher, or employee, or any other 565
person who with the express prior approval of a school 566
administrator possesses an object that is indistinguishable from 567
a firearm for a legitimate purpose, including the use of the 568
object in a ceremonial activity, a play, reenactment, or other 569
dramatic presentation, school safety training, or a ROTC 570
activity or another similar use of the object. 571

(3) This section does not apply to a person who conveys or 572
attempts to convey a handgun into, or possesses a handgun in, a 573
school safety zone if, at the time of that conveyance, attempted 574
conveyance, or possession of the handgun, all of the following 575
Sub. H. B. No. 99 Page 21
As Passed by the House

apply: 576

(a) The person does not enter into a school building or 577
onto school premises and is not at a school activity. 578

(b) The person is carrying a valid concealed handgun 579

license or the person is an active duty member of the armed 580
forces of the United States and is carrying a valid military 581
identification card and documentation of successful completion 582
of firearms training that meets or exceeds the training 583
requirements described in division (G)(1) of section 2923.125 of 584
the Revised Code. 585

(c) The person is in the school safety zone in accordance 586

with 18 U.S.C. 922(q)(2)(B). 587

(d) The person is not knowingly in a place described in 588

division (B)(1) or (B)(3) to (8) of section 2923.126 of the 589
Revised Code. 590

(4) This section does not apply to a person who conveys or 591
attempts to convey a handgun into, or possesses a handgun in, a 592
school safety zone if at the time of that conveyance, attempted 593
conveyance, or possession of the handgun all of the following 594
apply: 595

(a) The person is carrying a valid concealed handgun 596

license or the person is an active duty member of the armed 597
forces of the United States and is carrying a valid military 598
identification card and documentation of successful completion 599
of firearms training that meets or exceeds the training 600
requirements described in division (G)(1) of section 2923.125 of 601
the Revised Code. 602

(b) The person leaves the handgun in a motor vehicle. 603

Sub. H. B. No. 99 Page 22
As Passed by the House

(c) The handgun does not leave the motor vehicle. 604

(d) If the person exits the motor vehicle, the person 605
locks the motor vehicle. 606

(E)(1) Whoever violates division (A) or (B) of this 607

section is guilty of illegal conveyance or possession of a 608
deadly weapon or dangerous ordnance in a school safety zone. 609
Except as otherwise provided in this division, illegal 610
conveyance or possession of a deadly weapon or dangerous 611
ordnance in a school safety zone is a felony of the fifth 612
degree. If the offender previously has been convicted of a 613
violation of this section, illegal conveyance or possession of a 614
deadly weapon or dangerous ordnance in a school safety zone is a 615
felony of the fourth degree. 616

(2) Whoever violates division (C) of this section is 617

guilty of illegal possession of an object indistinguishable from 618
a firearm in a school safety zone. Except as otherwise provided 619
in this division, illegal possession of an object 620
indistinguishable from a firearm in a school safety zone is a 621
misdemeanor of the first degree. If the offender previously has 622
been convicted of a violation of this section, illegal 623
possession of an object indistinguishable from a firearm in a 624
school safety zone is a felony of the fifth degree. 625

(F)(1) In addition to any other penalty imposed upon a 626

person who is convicted of or pleads guilty to a violation of 627
this section and subject to division (F)(2) of this section, if 628
the offender has not attained nineteen years of age, regardless 629
of whether the offender is attending or is enrolled in a school 630
operated by a board of education or for which the state board of 631
education prescribes minimum standards under section 3301.07 of 632
the Revised Code, the court shall impose upon the offender a 633
Sub. H. B. No. 99 Page 23
As Passed by the House

class four suspension of the offender's probationary driver's 634

license, restricted license, driver's license, commercial 635
driver's license, temporary instruction permit, or probationary 636
commercial driver's license that then is in effect from the 637
range specified in division (A)(4) of section 4510.02 of the 638
Revised Code and shall deny the offender the issuance of any 639
permit or license of that type during the period of the 640
suspension. 641

If the offender is not a resident of this state, the court 642

shall impose a class four suspension of the nonresident 643
operating privilege of the offender from the range specified in 644
division (A)(4) of section 4510.02 of the Revised Code. 645

(2) If the offender shows good cause why the court should 646
not suspend one of the types of licenses, permits, or privileges 647
specified in division (F)(1) of this section or deny the 648
issuance of one of the temporary instruction permits specified 649
in that division, the court in its discretion may choose not to 650
impose the suspension, revocation, or denial required in that 651
division, but the court, in its discretion, instead may require 652
the offender to perform community service for a number of hours 653
determined by the court. 654

(G) As used in this section,: 655

(1) "Initial training" means training that is completed 656

prior to conveying or possessing a deadly weapon or dangerous 657
ordnance into or in a school safety zone. 658

(2) "object Object that is indistinguishable from a 659

firearm" means an object made, constructed, or altered so that, 660
to a reasonable person without specialized training in firearms, 661
the object appears to be a firearm. 662
Sub. H. B. No. 99 Page 24
As Passed by the House

(3)(a) "Person authorized to go armed within a school 663

safety zone" means a person to whom all of the following apply: 664

(i) The person has written authorization from the board of 665
education or governing body of a school that authorizes the 666
person to convey or possess deadly weapons or dangerous ordnance 667
in a school safety zone within which the board or governing body 668
has authority and that specifies the manner in which the person 669
may convey or possess deadly weapons or dangerous ordnance in a 670
school safety zone within which the board or governing body has 671
authority. 672

(ii) The person conveys or possesses the deadly weapon or 673

dangerous ordnance in accordance with that authorization. 674

(iii) The person has a valid concealed handgun license. 675

(iv) Except as provided in division (G)(3)(c) of this 676

section, the person has completed the following initial 677
training: 678

(I) The person has successfully completed eighteen hours 679

of general training prescribed by rule under division (A)(1) of 680
section 109.805 of the Revised Code. 681

(II) The person has successfully completed two hours of 682

handgun training prescribed by rule under division (A)(2) of 683
section 109.805 of the Revised Code. 684

(v) Except as provided in division (G)(3)(c) of this 685

section, the person has completed the following annual 686
additional training: 687

(I) The person has successfully completed two hours of 688

general training prescribed by rule under division (B)(1) of 689
section 109.805 of the Revised Code. 690
Sub. H. B. No. 99 Page 25
As Passed by the House

(II) The person has successfully completed two hours of 691

handgun training prescribed by rule under division (B)(2) of 692
section 109.805 of the Revised Code. 693

(b) The board or governing body of the school shall pay 694
all fees for the training described in divisions (G)(3)(a)(iv) 695
and (v) of this section. 696

(c) The training requirements in divisions (G)(3)(a)(iv) 697

and (v) of this section do not apply to a law enforcement 698
officer or school resource officer. 699

(d) Nothing in division (G)(3) of this section prohibits 700

the board or governing body of a school from requiring more 701
training than the training requirements in divisions (G)(3)(a) 702
(iv) and (v) of this section for a person authorized to go armed 703
within a school safety zone. 704

(4) "Additional training" means training that is completed 705

after completing the initial training required under division 706
(G)(3)(a)(iv) of this section. 707

Section 2. That existing sections 109.73, 109.78, 149.433, 708

and 2923.122 of the Revised Code are hereby repealed. 709

Section 3. Not later than one hundred twenty days after 710
the effective date of this section, the Attorney General shall 711
file proposals of the rules described in divisions (A)(3) and 712
(4) of section 109.748 of the Revised Code, as enacted in this 713
act, with the Secretary of State, the Director of the 714
Legislative Service Commission, and the Joint Committee on 715
Agency Rule Review, in accordance with section 119.03 of the 716
Revised Code. 717

Section 4. Section 109.73 of the Revised Code is presented 718

in this act as a composite of the section as amended by both 719
Sub. H. B. No. 99 Page 26
As Passed by the House

H.B. 24 and S.B. 68 of the 133rd General Assembly. The General 720
Assembly, applying the principle stated in division (B) of 721
section 1.52 of the Revised Code that amendments are to be 722
harmonized if reasonably capable of simultaneous operation, 723
finds that the composite is the resulting version of the section 724
in effect prior to the effective date of the section as 725
presented in this act. 726