As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 288

Senator Eklund

A BILL

To amend section 2329.66 and to enact sections 143.01

to 143.11 of the Revised Code to create the

Volunteer Police Officers' Dependents Fund to

provide death benefits to survivors of volunteer

police officers killed in the line of duty and

disability benefits to disabled volunteer police

officers.

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

Section 1. That section 2329.66 be amended and sections	8
143.01, 143.02, 143.03, 143.04, 143.05, 143.06, 143.07, 143.08,	9
143.09, 143.10, and 143.11 of the Revised Code be enacted to read	10
as follows:	11

Sec. 143.01. As used in this chapter:

(A) "Killed in the line of duty" means either of the	13
following:	14

(1) Death in the line of duty;

(2) Death from injury sustained in the line of duty,	16
including heart attack or other fatal injury or illness caused	17
while in the line of duty.	18

(B) "Totally and permanently disabled" means unable to engage	19
in any substantial gainful employment for a period of not less	20
than twelve months by reason of a medically determinable physical	21
impairment that is permanent or presumed to be permanent.	22

(C) "Volunteer police officer" means any person who is	23
employed as a police officer or sheriff's deputy in a part-time,	24
reserve, or volunteer capacity by a county sheriff's department or	25
the police department of a municipal corporation, township,	26
township police district, or joint police district and is not a	27
member of the public employees retirement system, Ohio police and	28
fire pension fund, state highway patrol retirement system, or the	29
Cincinnati retirement system.	30

Sec. 143.02. (A) There is hereby established the volunteer	31
police officers dependents fund.	32

Each county, municipal corporation, township, township police	33
district, and joint police district with a police or sheriff's	34
department that employs volunteer police officers is a member of	35
the volunteer police officers' dependents fund and shall establish	36
a volunteer police officers' dependents fund board. Each board	37
shall consist of the following board members:	38

(1) Two board members, elected by the legislative authority	39
of the fund member that maintains the police or sheriff's	40
department;	41

(2) Two board members, elected by the volunteer police	42
officers of the police or sheriff's department;	43

(3) One board member, elected by the board members elected	44
pursuant to divisions (A)(1) and (2) of this section. The board	45
member must be an elector of the fund member in which the police	46
or sheriff's department is located, but not a public employee,	47
member of the legislative authority, or police officer of that	48
police or sheriff's department.	49

(B) The term of office of a board member begins the first day	50
of January and is one year.	51

(C)(1) The election of the board members specified in	52
division (A)(1) of this section shall be held each year not	53
earlier than the first day of November and not later than the	54
second Monday in December. The election of the member specified in	55
division (A)(3) of this section shall be held each year on or	56
before the thirty-first day of December.	57

(2) The members specified in division (A)(2) of this section	58
shall be elected on or before the second Monday in December, as	59
follows:	60

(a) The secretary of the board shall give notice of the	61
election by posting it in a conspicuous place at the headquarters	62
of the police or sheriff's department. Between nine a.m. and nine	63
p.m. on the day designated, each person eligible to vote shall	64
send in writing the name of two persons eligible to be elected to	65
the board who are the person's choices.	66

(b) All votes cast at the election shall be counted and	67
recorded by the board, which shall announce the result. The two	68
persons receiving the highest number of votes are elected. If	69
there is a tie vote for any two persons, the election shall be	70
decided by lot or in any other way agreed on by the persons for	71
whom the tie vote was cast.	72

(D) Any vacancy occurring on a board shall be filled at a	73
special election called by the board's secretary.	74

Sec. 143.03. A volunteer police officers' dependents fund	75
board shall meet promptly after election of the board's members	76
and organize. The board shall select from among its members a	77
chairperson and a secretary.	78

The secretary of the board shall keep a complete record of	79
the board's proceedings, which shall be maintained as a permanent	80
file.	81

Board members shall serve without compensation.

The legislative authority of the fund member shall provide	83
sufficient meeting space and supplies for the board to carry out	84
its duties.	85

The secretary shall submit all of the following to the	86
director of commerce:	87

(A) The name and address of each board member and an	88
indication of the group or authority that elected the member;	89

(B) The names of the chairperson and secretary;

(C) A certificate indicating the current assessed property	91
valuation of the fund member that is prepared by the clerk of the	92
fund member.	93

Sec. 143.04. Each volunteer police officers' dependents fund	94
board may adopt rules as necessary for handling and processing	95
claims for benefits.	96

The board shall perform such other duties as are necessary to	97
implement this chapter.	98

Sec. 143.05. The prosecuting attorney of the county in which	99
a fund member is located shall serve as the legal advisor for the	100
volunteer police officer's dependents' board.	101

Sec. 143.06. (A) The volunteer police officers' dependents	102
fund shall be maintained in the state treasury. All investment	103
earnings of the fund shall be collected by the treasurer of state	104
and placed to the credit of the fund.	105

(B) Each fund member shall pay to the treasurer of state, to	106
the credit of the fund, an initial premium as follows:	107

(1) Each member with an assessed property valuation of less	108
than seven million dollars, three hundred dollars;	109

(2) Each member with an assessed property valuation of seven	110
million dollars but less than fourteen million dollars, three	111
hundred fifty dollars;	112

(3) Each member with an assessed property valuation of	113
fourteen million dollars but less than twenty-one million dollars,	114
four hundred dollars;	115

(4) Each member with an assessed property valuation of	116
twenty-one million dollars but less than twenty-eight million	117
dollars, four hundred fifty dollars;	118

(5) Each member with an assessed property valuation of	119
twenty-eight million dollars or over, five hundred dollars.	120

Sec. 143.07. The total of all initial premiums collected by	121
the treasurer of state under section 143.06 of the Revised Code is	122
the basic capital account of the volunteer police officers'	123
dependents fund. No further contributions are required of fund	124
members until claims against the fund have reduced it to	125
ninety-five per cent or less of its basic capital account. In that	126
event, the director of commerce shall cause the following	127
assessments, based on current property valuation, to be made and	128
certified to the legislative authority of each member of the fund:	129

(A) Each member with an assessed property valuation of less	130
than seven million dollars, ninety dollars;	131

(B) Each member with an assessed property valuation of seven	132
million dollars but less than fourteen million dollars, one	133
hundred five dollars;	134

(C) Each member with an assessed property valuation of	135
fourteen million dollars but less than twenty-one million dollars,	136
one hundred twenty dollars;	137

(D) Each member with an assessed property valuation of	138
twenty-one million dollars but less than twenty-eight million	139
dollars, one hundred thirty-five dollars;	140

(E) Each member with an assessed property valuation of	141
twenty-eight million dollars or more, one hundred fifty dollars.	142

Sec. 143.08. (A) If a premium is not paid as provided in	143
section 143.06 of the Revised Code, the director of commerce shall	144
certify the failure as an assessment against the fund member to	145
the auditor of the county within which the member is located. The	146
county auditor shall withhold the amount of the assessment,	147
together with interest at the rate of six per cent from the due	148
date of the premium, from the next ensuing tax settlement due the	149
member and pay the amount to the treasurer of state to the credit	150
of the volunteer police officers' dependents fund.	151

If the secretary of a volunteer police officers' dependents	152
fund board fails to submit to the director a certificate of the	153
current assessed property valuation in accordance with section	154
143.03 of the Revised Code, the director shall use division (A)(5)	155
of section 143.06 of the Revised Code as a basis for the	156
assessment.	157

(B) If a fund member does not pay the assessment provided in	158
section 143.07 of the Revised Code within forty-five days after	159
notice, the director shall proceed with collection in accordance	160
with division (A) of this section.	161

Sec. 143.09. (A) A volunteer police officer who is totally	162
and permanently disabled as a result of discharging the duties of	163
a volunteer police officer shall receive a benefit from the	164
volunteer police officers' dependents fund of three hundred	165
dollars per month, except that no payment shall be made to a	166
volunteer police officer who is receiving the officer's full	167
salary during the time of the officer's disability.	168

(B) Regardless of whether the volunteer police officer	169
received a benefit under division (A) of this section, death	170
benefits shall be paid from the fund to the surviving spouse or	171
dependent children of a volunteer police officer who is killed in	172
the line of duty. Death benefits shall be paid as follows:	173

(1) To the surviving spouse of a volunteer police officer	174
killed in the line of duty, an award of one thousand dollars, and	175
in addition, a benefit of three hundred dollars per month;	176

(2) To the parent, guardian, or other persons on whom a child	177
of a volunteer police officer killed in the line of duty is	178
dependent for chief financial support, a benefit of one hundred	179
twenty-five dollars per month for each dependent child under age	180
eighteen, or under age twenty-two if attending an institution of	181
learning or training pursuant to a program designed to complete in	182
each school year the equivalent of at least two-thirds of the	183
full-time curriculum requirements of the institution.	184

(C) An individual eligible for benefits payable under this	185
section shall file a claim for benefits with the appropriate	186
volunteer police officers' dependents fund board on a form	187
provided by the board. All of the following information shall be	188
submitted with the claim:	189

(1) In the case of a totally and permanently disabled	190
volunteer police officer, the following:	191

(a) The name of the police or sheriff's department for which	192
the officer was a volunteer police officer;	193

(b) The date of the injury;

194

(c) Satisfactory medical evidence that the officer is totally	195
and permanently disabled.	196

(2) In the case of a surviving spouse or a parent, guardian,	197
or other person in charge of a dependent child, the following:	198

(a) The full name of the deceased volunteer police officer;

199

(b) The name of the police or sheriff's department for which	200
the deceased officer was a volunteer police officer;	201

(c) The name and address of the surviving spouse, as	202
applicable;	203

(d) The names, ages, and addresses of any dependent children;

204

(e) Any other evidence required by the board.

205

(D) All claimants shall certify that neither the claimant nor	206
the person on whose behalf the claim is filed qualifies for other	207
benefits from any of the following based on the officer's service	208
as a volunteer police officer: the public employees retirement	209
system, Ohio police and fire pension fund, state highway patrol	210
retirement system, Cincinnati retirement system, or Ohio public	211
safety officers death benefit fund.	212

(E) Initial claims shall be filed with the volunteer police	213
officers' dependents fund board of the fund member in which the	214
officer was a volunteer police officer. Thereafter, on request of	215
the claimant or the board, claims may be transferred to a board	216
near the claimant's current residence, if the boards concerned	217
agree to the transfer.	218

Sec. 143.10. (A)(1) Not later than five days after receipt	219
of a claim for benefits, a volunteer police officers' dependents	220
fund board shall meet and determine the validity of the claim. If	221
the board determines that the claim is valid, it shall make a	222
determination of the amount due and certify its determination to	223
the director of commerce for payment. The certificate shall show	224
the name and address of the board, the name and address of each	225
beneficiary, the amount to be received by or on behalf of each	226
beneficiary, and the name and address of the person to whom	227
payments are to be made.	228

(2) If the board determines that a claimant is ineligible for	229
benefits, the board shall deny the claim and issue to the claimant	230
a copy of its order.	231

(B) The board may make a continuing order for monthly	232
payments to a claimant for a period not exceeding three months	233
from the date of the determination. The determination may be	234
modified after issuance to reflect any changes in the claimant's	235
eligibility. If no changes occur at the end of the three-month	236
period, the director may provide for payment if the board	237
certifies that the original certificate is continued for an	238
additional three-month period.	239

Sec. 143.11. The right of an individual to a benefit under	240
this chapter shall not be subject to execution, garnishment,	241
attachment, the operation of bankruptcy or insolvency laws, or	242
other process of law whatsoever, and shall be unassignable except	243
as specifically provided in this chapter and sections 3105.171,	244
3105.65, and 3115.32 and Chapters 3119., 3121., 3123., and 3125.	245
of the Revised Code.	246

Sec. 2329.66. (A) Every person who is domiciled in this	247
state may hold property exempt from execution, garnishment,	248
attachment, or sale to satisfy a judgment or order, as follows:	249

(1)(a) In the case of a judgment or order regarding money	250
owed for health care services rendered or health care supplies	251
provided to the person or a dependent of the person, one parcel or	252
item of real or personal property that the person or a dependent	253
of the person uses as a residence. Division (A)(1)(a) of this	254
section does not preclude, affect, or invalidate the creation	255
under this chapter of a judgment lien upon the exempted property	256
but only delays the enforcement of the lien until the property is	257
sold or otherwise transferred by the owner or in accordance with	258
other applicable laws to a person or entity other than the	259
surviving spouse or surviving minor children of the judgment	260
debtor. Every person who is domiciled in this state may hold	261
exempt from a judgment lien created pursuant to division (A)(1)(a)	262
of this section the person's interest, not to exceed one hundred	263
twenty-five thousand dollars, in the exempted property.	264

(b) In the case of all other judgments and orders, the	265
person's interest, not to exceed one hundred twenty-five thousand	266
dollars, in one parcel or item of real or personal property that	267
the person or a dependent of the person uses as a residence.	268

(c) For purposes of divisions (A)(1)(a) and (b) of this	269
section, "parcel" means a tract of real property as identified on	270
the records of the auditor of the county in which the real	271
property is located.	272

(2) The person's interest, not to exceed three thousand two	273
hundred twenty-five dollars, in one motor vehicle;	274

(3) The person's interest, not to exceed four hundred	275
dollars, in cash on hand, money due and payable, money to become	276
due within ninety days, tax refunds, and money on deposit with a	277
bank, savings and loan association, credit union, public utility,	278
landlord, or other person, other than personal earnings.	279

(4)(a) The person's interest, not to exceed five hundred	280
twenty-five dollars in any particular item or ten thousand seven	281
hundred seventy-five dollars in aggregate value, in household	282
furnishings, household goods, wearing apparel, appliances, books,	283
animals, crops, musical instruments, firearms, and hunting and	284
fishing equipment that are held primarily for the personal,	285
family, or household use of the person;	286

(b) The person's aggregate interest in one or more items of	287
jewelry, not to exceed one thousand three hundred fifty dollars,	288
held primarily for the personal, family, or household use of the	289
person or any of the person's dependents.	290

(5) The person's interest, not to exceed an aggregate of two	291
thousand twenty-five dollars, in all implements, professional	292
books, or tools of the person's profession, trade, or business,	293
including agriculture;	294

(6)(a) The person's interest in a beneficiary fund set apart,	295
appropriated, or paid by a benevolent association or society, as	296
exempted by section 2329.63 of the Revised Code;	297

(b) The person's interest in contracts of life or endowment	298
insurance or annuities, as exempted by section 3911.10 of the	299
Revised Code;	300

(c) The person's interest in a policy of group insurance or	301
the proceeds of a policy of group insurance, as exempted by	302
section 3917.05 of the Revised Code;	303

(d) The person's interest in money, benefits, charity,	304
relief, or aid to be paid, provided, or rendered by a fraternal	305
benefit society, as exempted by section 3921.18 of the Revised	306
Code;	307

(e) The person's interest in the portion of benefits under	308
policies of sickness and accident insurance and in lump sum	309
payments for dismemberment and other losses insured under those	310
policies, as exempted by section 3923.19 of the Revised Code.	311

(7) The person's professionally prescribed or medically	312
necessary health aids;	313

(8) The person's interest in a burial lot, including, but not	314
limited to, exemptions under section 517.09 or 1721.07 of the	315
Revised Code;	316

(9) The person's interest in the following:

317

(a) Moneys paid or payable for living maintenance or rights,	318
as exempted by section 3304.19 of the Revised Code;	319

(b) Workers' compensation, as exempted by section 4123.67 of	320
the Revised Code;	321

(c) Unemployment compensation benefits, as exempted by	322
section 4141.32 of the Revised Code;	323

(d) Cash assistance payments under the Ohio works first	324
program, as exempted by section 5107.75 of the Revised Code;	325

(e) Benefits and services under the prevention, retention,	326
and contingency program, as exempted by section 5108.08 of the	327
Revised Code;	328

(f) Disability financial assistance payments, as exempted by	329
section 5115.06 of the Revised Code;	330

(g) Payments under section 24 or 32 of the "Internal Revenue	331
Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.	332

(10)(a) Except in cases in which the person was convicted of	333
or pleaded guilty to a violation of section 2921.41 of the Revised	334
Code and in which an order for the withholding of restitution from	335
payments was issued under division (C)(2)(b) of that section, in	336
cases in which an order for withholding was issued under section	337
2907.15 of the Revised Code, in cases in which an order for	338
forfeiture was issued under division (A) or (B) of section	339
2929.192 of the Revised Code, and in cases in which an order was	340
issued under section 2929.193 or 2929.194 of the Revised Code, and	341
only to the extent provided in the order, and except as provided	342
in sections 3105.171, 3105.63, 3119.80, 3119.81, 3121.02, 3121.03,	343
and 3123.06 of the Revised Code, the person's rights to or	344
interests in a pension, benefit, annuity, retirement allowance, or	345
accumulated contributions, the person's rights to or interests in	346
a participant account in any deferred compensation program offered	347
by the Ohio public employees deferred compensation board, a	348
government unit, or a municipal corporation, or the person's other	349
accrued or accruing rights or interests, as exempted by section	350
143.11, 145.56, 146.13, 148.09, 742.47, 3307.41, 3309.66, or	351
5505.22 of the Revised Code, and the person's rights to or	352
interests in benefits from the Ohio public safety officers death	353
benefit fund;	354

(b) Except as provided in sections 3119.80, 3119.81, 3121.02,	355
3121.03, and 3123.06 of the Revised Code, the person's rights to	356
receive or interests in receiving a payment or other benefits	357
under any pension, annuity, or similar plan or contract, not	358
including a payment or benefit from a stock bonus or	359
profit-sharing plan or a payment included in division (A)(6)(b) or	360
(10)(a) of this section, on account of illness, disability, death,	361
age, or length of service, to the extent reasonably necessary for	362
the support of the person and any of the person's dependents,	363
except if all the following apply:	364

(i) The plan or contract was established by or under the	365
auspices of an insider that employed the person at the time the	366
person's rights or interests under the plan or contract arose.	367

(ii) The payment is on account of age or length of service.

368

(iii) The plan or contract is not qualified under the	369
"Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 1, as	370
amended.	371

(c) Except for any portion of the assets that were deposited	372
for the purpose of evading the payment of any debt and except as	373
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	374
3123.06 of the Revised Code, the person's rights or interests in	375
the assets held in, or to directly or indirectly receive any	376
payment or benefit under, any individual retirement account,	377
individual retirement annuity, "Roth IRA," "529 plan," or	378
education individual retirement account that provides payments or	379
benefits by reason of illness, disability, death, retirement, or	380
age or provides payments or benefits for purposes of education, to	381
the extent that the assets, payments, or benefits described in	382
division (A)(10)(c) of this section are attributable to or derived	383
from any of the following or from any earnings, dividends,	384
interest, appreciation, or gains on any of the following:	385

(i) Contributions of the person that were less than or equal	386
to the applicable limits on deductible contributions to an	387
individual retirement account or individual retirement annuity in	388
the year that the contributions were made, whether or not the	389
person was eligible to deduct the contributions on the person's	390
federal tax return for the year in which the contributions were	391
made;	392

(ii) Contributions of the person that were less than or equal	393
to the applicable limits on contributions to a Roth IRA or	394
education individual retirement account in the year that the	395
contributions were made;	396

(iii) Contributions of the person that are within the	397
applicable limits on rollover contributions under subsections 219,	398
402(c), 403(a)(4), 403(b)(8), 408(b), 408(d)(3), 408A(c)(3)(B),	399
408A(d)(3), and 530(d)(5) of the "Internal Revenue Code of 1986,"	400
100 Stat. 2085, 26 U.S.C.A. 1, as amended;	401

(iv) Contributions by any person into any plan, fund, or	402
account that is formed, created, or administered pursuant to, or	403
is otherwise subject to, section 529 of the "Internal Revenue Code	404
of 1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.	405

(d) Except for any portion of the assets that were deposited	406
for the purpose of evading the payment of any debt and except as	407
provided in sections 3119.80, 3119.81, 3121.02, 3121.03, and	408
3123.06 of the Revised Code, the person's rights or interests in	409
the assets held in, or to receive any payment under, any Keogh or	410
"H.R. 10" plan that provides benefits by reason of illness,	411
disability, death, retirement, or age, to the extent reasonably	412
necessary for the support of the person and any of the person's	413
dependents.	414

(e) The person's rights to or interests in any assets held	415
in, or to directly or indirectly receive any payment or benefit	416
under, any individual retirement account, individual retirement	417
annuity, "Roth IRA," "529 plan," or education individual	418
retirement account that a decedent, upon or by reason of the	419
decedent's death, directly or indirectly left to or for the	420
benefit of the person, either outright or in trust or otherwise,	421
including, but not limited to, any of those rights or interests in	422
assets or to receive payments or benefits that were transferred,	423
conveyed, or otherwise transmitted by the decedent by means of a	424
will, trust, exercise of a power of appointment, beneficiary	425
designation, transfer or payment on death designation, or any	426
other method or procedure.	427

(f) The exemptions under divisions (A)(10)(a) to (e) of this	428
section also shall apply or otherwise be available to an alternate	429
payee under a qualified domestic relations order (QDRO) or other	430
similar court order.	431

(g) A person's interest in any plan, program, instrument, or	432
device described in divisions (A)(10)(a) to (e) of this section	433
shall be considered an exempt interest even if the plan, program,	434
instrument, or device in question, due to an error made in good	435
faith, failed to satisfy any criteria applicable to that plan,	436
program, instrument, or device under the "Internal Revenue Code of	437
1986," 100 Stat. 2085, 26 U.S.C. 1, as amended.	438

(11) The person's right to receive spousal support, child	439
support, an allowance, or other maintenance to the extent	440
reasonably necessary for the support of the person and any of the	441
person's dependents;	442

(12) The person's right to receive, or moneys received during	443
the preceding twelve calendar months from, any of the following:	444

(a) An award of reparations under sections 2743.51 to 2743.72	445
of the Revised Code, to the extent exempted by division (D) of	446
section 2743.66 of the Revised Code;	447

(b) A payment on account of the wrongful death of an	448
individual of whom the person was a dependent on the date of the	449
individual's death, to the extent reasonably necessary for the	450
support of the person and any of the person's dependents;	451

(c) Except in cases in which the person who receives the	452
payment is an inmate, as defined in section 2969.21 of the Revised	453
Code, and in which the payment resulted from a civil action or	454
appeal against a government entity or employee, as defined in	455
section 2969.21 of the Revised Code, a payment, not to exceed	456
twenty thousand two hundred dollars, on account of personal bodily	457
injury, not including pain and suffering or compensation for	458
actual pecuniary loss, of the person or an individual for whom the	459
person is a dependent;	460

(d) A payment in compensation for loss of future earnings of	461
the person or an individual of whom the person is or was a	462
dependent, to the extent reasonably necessary for the support of	463
the debtor and any of the debtor's dependents.	464

(13) Except as provided in sections 3119.80, 3119.81,	465
3121.02, 3121.03, and 3123.06 of the Revised Code, personal	466
earnings of the person owed to the person for services in an	467
amount equal to the greater of the following amounts:	468

(a) If paid weekly, thirty times the current federal minimum	469
hourly wage; if paid biweekly, sixty times the current federal	470
minimum hourly wage; if paid semimonthly, sixty-five times the	471
current federal minimum hourly wage; or if paid monthly, one	472
hundred thirty times the current federal minimum hourly wage that	473
is in effect at the time the earnings are payable, as prescribed	474
by the "Fair Labor Standards Act of 1938," 52 Stat. 1060, 29	475
U.S.C. 206(a)(1), as amended;	476

(b) Seventy-five per cent of the disposable earnings owed to	477
the person.	478

(14) The person's right in specific partnership property, as	479
exempted by the person's rights in a partnership pursuant to	480
section 1776.50 of the Revised Code, except as otherwise set forth	481
in section 1776.50 of the Revised Code;	482

(15) A seal and official register of a notary public, as	483
exempted by section 147.04 of the Revised Code;	484

(16) The person's interest in a tuition unit or a payment	485
under section 3334.09 of the Revised Code pursuant to a tuition	486
payment contract, as exempted by section 3334.15 of the Revised	487
Code;	488

(17) Any other property that is specifically exempted from	489
execution, attachment, garnishment, or sale by federal statutes	490
other than the "Bankruptcy Reform Act of 1978," 92 Stat. 2549, 11	491
U.S.C.A. 101, as amended;	492

(18) The person's aggregate interest in any property, not to	493
exceed one thousand seventy-five dollars, except that division	494
(A)(18) of this section applies only in bankruptcy proceedings.	495

(B) On April 1, 2010, and on the first day of April in each	496
third calendar year after 2010, the Ohio judicial conference shall	497
adjust each dollar amount set forth in this section to reflect any	498
increase in the consumer price index for all urban consumers, as	499
published by the United States department of labor, or, if that	500
index is no longer published, a generally available comparable	501
index, for the three-year period ending on the thirty-first day of	502
December of the preceding year. Any adjustments required by this	503
division shall be rounded to the nearest twenty-five dollars.	504

The Ohio judicial conference shall prepare a memorandum	505
specifying the adjusted dollar amounts. The judicial conference	506
shall transmit the memorandum to the director of the legislative	507
service commission, and the director shall publish the memorandum	508
in the register of Ohio. (Publication of the memorandum in the	509
register of Ohio shall continue until the next memorandum	510
specifying an adjustment is so published.) The judicial conference	511
also may publish the memorandum in any other manner it concludes	512
will be reasonably likely to inform persons who are affected by	513
its adjustment of the dollar amounts.	514

515

(1) "Disposable earnings" means net earnings after the	516
garnishee has made deductions required by law, excluding the	517
deductions ordered pursuant to section 3119.80, 3119.81, 3121.02,	518
3121.03, or 3123.06 of the Revised Code.	519

(2) "Insider" means:

520

(a) If the person who claims an exemption is an individual, a	521
relative of the individual, a relative of a general partner of the	522
individual, a partnership in which the individual is a general	523
partner, a general partner of the individual, or a corporation of	524
which the individual is a director, officer, or in control;	525

(b) If the person who claims an exemption is a corporation, a	526
director or officer of the corporation; a person in control of the	527
corporation; a partnership in which the corporation is a general	528
partner; a general partner of the corporation; or a relative of a	529
general partner, director, officer, or person in control of the	530
corporation;	531

(c) If the person who claims an exemption is a partnership, a	532
general partner in the partnership; a general partner of the	533
partnership; a person in control of the partnership; a partnership	534
in which the partnership is a general partner; or a relative in, a	535
general partner of, or a person in control of the partnership;	536

(d) An entity or person to which or whom any of the following	537
applies:	538

(i) The entity directly or indirectly owns, controls, or	539
holds with power to vote, twenty per cent or more of the	540
outstanding voting securities of the person who claims an	541
exemption, unless the entity holds the securities in a fiduciary	542
or agency capacity without sole discretionary power to vote the	543
securities or holds the securities solely to secure to debt and	544
the entity has not in fact exercised the power to vote.	545

(ii) The entity is a corporation, twenty per cent or more of	546
whose outstanding voting securities are directly or indirectly	547
owned, controlled, or held with power to vote, by the person who	548
claims an exemption or by an entity to which division (C)(2)(d)(i)	549
of this section applies.	550

(iii) A person whose business is operated under a lease or	551
operating agreement by the person who claims an exemption, or a	552
person substantially all of whose business is operated under an	553
operating agreement with the person who claims an exemption.	554

(iv) The entity operates the business or all or substantially	555
all of the property of the person who claims an exemption under a	556
lease or operating agreement.	557

(e) An insider, as otherwise defined in this section, of a	558
person or entity to which division (C)(2)(d)(i), (ii), (iii), or	559
(iv) of this section applies, as if the person or entity were a	560
person who claims an exemption;	561

(f) A managing agent of the person who claims an exemption.

562

(3) "Participant account" has the same meaning as in section	563
148.01 of the Revised Code.	564

(4) "Government unit" has the same meaning as in section	565
148.06 of the Revised Code.	566

(D) For purposes of this section, "interest" shall be	567
determined as follows:	568

(1) In bankruptcy proceedings, as of the date a petition is	569
filed with the bankruptcy court commencing a case under Title 11	570
of the United States Code;	571

(2) In all cases other than bankruptcy proceedings, as of the	572
date of an appraisal, if necessary under section 2329.68 of the	573
Revised Code, or the issuance of a writ of execution.	574

An interest, as determined under division (D)(1) or (2) of	575
this section, shall not include the amount of any lien otherwise	576
valid pursuant to section 2329.661 of the Revised Code.	577

Section 2. That existing section 2329.66 of the Revised Code	578
is hereby repealed.	579

Section 3. (A) Not later than thirty days after the effective	580
date of this section, the legislative authority of the fund member	581
described in section 143.02 of the Revised Code, as enacted by	582
this act, that maintains the police or sheriff's department shall	583
hold the initial election of members to a volunteer police	584
officers dependents' fund board. A board member shall serve an	585
initial term of office beginning on the day after the member is	586
elected to the board and ending on the thirty-first day of	587
December of the year in which the member is elected. Thereafter,	588
members shall be elected to the board and serve terms of office in	589
accordance with section 143.02 of the Revised Code, as enacted by	590
this act.	591

(B) For the initial election of board members specified in	592
division (A)(2) of section 143.02 of the Revised Code, the	593
legislative authority of the fund member that maintains the police	594
or sheriff's department shall do both of the following:	595

(1) Give notice of the election by posting it in a	596
conspicuous place at the headquarters of the police or sheriff's	597
department. Between nine a.m. and nine p.m. on the day designated,	598
each person eligible to vote shall send in writing the name of two	599
persons eligible to be elected to the board who are the person's	600
choices.	601

(2) Count and record all votes cast at the election and	602
announce the result. The two persons receiving the highest number	603
of votes are elected. If there is a tie vote for any two persons,	604
the election shall be decided by lot or in any other way agreed on	605
by the persons for whom the tie vote was cast.	606

Section 4. Section 2329.66 of the Revised Code is presented	607
in this act as a composite of the section as amended by both Sub.	608
H.B. 479 and Sub. S.B. 343 of the 129th General Assembly. The	609
General Assembly, applying the principle stated in division (B) of	610
section 1.52 of the Revised Code that amendments are to be	611
harmonized if reasonably capable of simultaneous operation, finds	612
that the composite is the resulting version of the section in	613
effect prior to the effective date of the section as presented in	614
this act.	615