As Passed by the House

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 488

Representatives Dovilla, Landis 

Cosponsors: Representatives Johnson, Pillich, Barborak, Bishoff, Milkovich, Perales, Retherford, Rosenberger, Adams, R., Amstutz, Anielski, Antonio, Ashford, Baker, Beck, Blair, Blessing, Boose, Boyce, Brown, Buchy, Budish, Burkley, Butler, Carney, Celebrezze, Cera, Clyde, Curtin, Damschroder, Derickson, DeVitis, Duffey, Fedor, Foley, Gerberry, Green, Grossman, Hackett, Hagan, C., Hagan, R., Hall, Hayes, Henne, Huffman, Letson, Lundy, Lynch, Maag, McClain, McGregor, O'Brien, Patmon, Patterson, Pelanda, Ramos, Redfern, Rogers, Romanchuk, Ruhl, Scherer, Schuring, Sears, Sheehy, Smith, Sprague, Stautberg, Stebelton, Stinziano, Strahorn, Terhar, Wachtmann, Winburn Speaker Batchelder 

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A BILL

To amend sections 2913.01, 2913.02, 2913.43, 2913.49,

1

2913.61, 4729.12, 4729.13, 4729.15, 4731.36,

2

4743.04, 5902.02, 5903.03, 5903.10, 5903.11,

3

5903.12, 5903.121, 5907.01, and 5907.04 and to

4

enact sections 2305.112, 2307.611, 3333.164,

5

3345.42, 3345.43, 3345.44, 3345.46, 5903.01,

6

5903.04, 5903.05, and 5903.15 of the Revised Code

7

to require state institutions of higher education

8

to award credit for military training, to increase

9

penalties for certain theft, deception, and

10

identity fraud offenses when the victim is an

11

active duty service member, to allow for a civil

12

action for victims of identity fraud, and to make

13

other changes regarding state support and benefits

14

for veterans and their spouses.

15

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

Section 1.  That sections 2913.01, 2913.02, 2913.43, 2913.49,	16
2913.61, 4729.12, 4729.13, 4729.15, 4731.36, 4743.04, 5902.02,	17
5903.03, 5903.10, 5903.11, 5903.12, 5903.121, 5907.01, and 5907.04	18
be amended and sections 2305.112, 2307.611, 3333.164, 3345.42,	19
3345.43, 3345.44, 3345.46, 5903.01, 5903.04, 5903.05, and 5903.15	20
of the Revised Code be enacted to read as follows:	21

Sec. 2305.112.  A civil action brought pursuant to division	22
(A) of section 2307.60 of the Revised Code when the person filing	23
the action is injured in person or property by a violation of	24
division (B), (D), or (E) of section 2913.49 of the Revised Code	25
shall be commenced within five years from the date on which the	26
identity of the offender was discovered or reasonably should have	27
been discovered.	28

Sec. 2307.611.  A person who brings a civil action pursuant	29
to division (A) of section 2307.60 of the Revised Code to recover	30
damages from any person who caused injury to person or property by	31
a violation of division (B), (D), or (E) of section 2913.49 of the	32
Revised Code may recover damages up to five thousand dollars for	33
each violation or three times the amount of actual damages,	34
whichever is greater, and reasonable attorney's fees.	35

Sec. 2913.01.  As used in this chapter, unless the context	36
requires that a term be given a different meaning:	37

(A) "Deception" means knowingly deceiving another or causing	38
another to be deceived by any false or misleading representation,	39
by withholding information, by preventing another from acquiring	40
information, or by any other conduct, act, or omission that	41
creates, confirms, or perpetuates a false impression in another,	42
including a false impression as to law, value, state of mind, or	43
other objective or subjective fact.	44

(B) "Defraud" means to knowingly obtain, by deception, some	45
benefit for oneself or another, or to knowingly cause, by	46
deception, some detriment to another.	47

(C) "Deprive" means to do any of the following:

48

(1) Withhold property of another permanently, or for a period	49
that appropriates a substantial portion of its value or use, or	50
with purpose to restore it only upon payment of a reward or other	51
consideration;	52

(2) Dispose of property so as to make it unlikely that the	53
owner will recover it;	54

(3) Accept, use, or appropriate money, property, or services,	55
with purpose not to give proper consideration in return for the	56
money, property, or services, and without reasonable justification	57
or excuse for not giving proper consideration.	58

(D) "Owner" means, unless the context requires a different	59
meaning, any person, other than the actor, who is the owner of,	60
who has possession or control of, or who has any license or	61
interest in property or services, even though the ownership,	62
possession, control, license, or interest is unlawful.	63

(E) "Services" include labor, personal services, professional	64
services, rental services, public utility services including	65
wireless service as defined in division (F)(1) of section 128.01	66
of the Revised Code, common carrier services, and food, drink,	67
transportation, entertainment, and cable television services and,	68
for purposes of section 2913.04 of the Revised Code, include cable	69
services as defined in that section.	70

(F) "Writing" means any computer software, document, letter,	71
memorandum, note, paper, plate, data, film, or other thing having	72
in or upon it any written, typewritten, or printed matter, and any	73
token, stamp, seal, credit card, badge, trademark, label, or other	74
symbol of value, right, privilege, license, or identification.	75

(G) "Forge" means to fabricate or create, in whole or in part	76
and by any means, any spurious writing, or to make, execute,	77
alter, complete, reproduce, or otherwise purport to authenticate	78
any writing, when the writing in fact is not authenticated by that	79
conduct.	80

(H) "Utter" means to issue, publish, transfer, use, put or	81
send into circulation, deliver, or display.	82

(I) "Coin machine" means any mechanical or electronic device	83
designed to do both of the following:	84

(1) Receive a coin, bill, or token made for that purpose;

85

(2) In return for the insertion or deposit of a coin, bill,	86
or token, automatically dispense property, provide a service, or	87
grant a license.	88

(J) "Slug" means an object that, by virtue of its size,	89
shape, composition, or other quality, is capable of being inserted	90
or deposited in a coin machine as an improper substitute for a	91
genuine coin, bill, or token made for that purpose.	92

(K) "Theft offense" means any of the following:

93

(1) A violation of section 2911.01, 2911.02, 2911.11,	94
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	95
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	96
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	97
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	98
2913.51, 2915.05, or 2921.41 of the Revised Code;	99

(2) A violation of an existing or former municipal ordinance	100
or law of this or any other state, or of the United States,	101
substantially equivalent to any section listed in division (K)(1)	102
of this section or a violation of section 2913.41, 2913.81, or	103
2915.06 of the Revised Code as it existed prior to July 1, 1996;	104

(3) An offense under an existing or former municipal	105
ordinance or law of this or any other state, or of the United	106
States, involving robbery, burglary, breaking and entering, theft,	107
embezzlement, wrongful conversion, forgery, counterfeiting,	108
deceit, or fraud;	109

(4) A conspiracy or attempt to commit, or complicity in	110
committing, any offense under division (K)(1), (2), or (3) of this	111
section.	112

(L) "Computer services" includes, but is not limited to, the	113
use of a computer system, computer network, computer program, data	114
that is prepared for computer use, or data that is contained	115
within a computer system or computer network.	116

(M) "Computer" means an electronic device that performs	117
logical, arithmetic, and memory functions by the manipulation of	118
electronic or magnetic impulses. "Computer" includes, but is not	119
limited to, all input, output, processing, storage, computer	120
program, or communication facilities that are connected, or	121
related, in a computer system or network to an electronic device	122
of that nature.	123

(N) "Computer system" means a computer and related devices,	124
whether connected or unconnected, including, but not limited to,	125
data input, output, and storage devices, data communications	126
links, and computer programs and data that make the system capable	127
of performing specified special purpose data processing tasks.	128

(O) "Computer network" means a set of related and remotely	129
connected computers and communication facilities that includes	130
more than one computer system that has the capability to transmit	131
among the connected computers and communication facilities through	132
the use of computer facilities.	133

(P) "Computer program" means an ordered set of data	134
representing coded instructions or statements that, when executed	135
by a computer, cause the computer to process data.	136

(Q) "Computer software" means computer programs, procedures,	137
and other documentation associated with the operation of a	138
computer system.	139

(R) "Data" means a representation of information, knowledge,	140
facts, concepts, or instructions that are being or have been	141
prepared in a formalized manner and that are intended for use in a	142
computer, computer system, or computer network. For purposes of	143
section 2913.47 of the Revised Code, "data" has the additional	144
meaning set forth in division (A) of that section.	145

(S) "Cable television service" means any services provided by	146
or through the facilities of any cable television system or other	147
similar closed circuit coaxial cable communications system, or any	148
microwave or similar transmission service used in connection with	149
any cable television system or other similar closed circuit	150
coaxial cable communications system.	151

(T) "Gain access" means to approach, instruct, communicate	152
with, store data in, retrieve data from, or otherwise make use of	153
any resources of a computer, computer system, or computer network,	154
or any cable service or cable system both as defined in section	155
2913.04 of the Revised Code.	156

(U) "Credit card" includes, but is not limited to, a card,	157
code, device, or other means of access to a customer's account for	158
the purpose of obtaining money, property, labor, or services on	159
credit, or for initiating an electronic fund transfer at a	160
point-of-sale terminal, an automated teller machine, or a cash	161
dispensing machine. It also includes a county procurement card	162
issued under section 301.29 of the Revised Code.	163

(V) "Electronic fund transfer" has the same meaning as in 92	164
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	165

(W) "Rented property" means personal property in which the	166
right of possession and use of the property is for a short and	167
possibly indeterminate term in return for consideration; the	168
rentee generally controls the duration of possession of the	169
property, within any applicable minimum or maximum term; and the	170
amount of consideration generally is determined by the duration of	171
possession of the property.	172

(X) "Telecommunication" means the origination, emission,	173
dissemination, transmission, or reception of data, images,	174
signals, sounds, or other intelligence or equivalence of	175
intelligence of any nature over any communications system by any	176
method, including, but not limited to, a fiber optic, electronic,	177
magnetic, optical, digital, or analog method.	178

(Y) "Telecommunications device" means any instrument,	179
equipment, machine, or other device that facilitates	180
telecommunication, including, but not limited to, a computer,	181
computer network, computer chip, computer circuit, scanner,	182
telephone, cellular telephone, pager, personal communications	183
device, transponder, receiver, radio, modem, or device that	184
enables the use of a modem.	185

(Z) "Telecommunications service" means the providing,	186
allowing, facilitating, or generating of any form of	187
telecommunication through the use of a telecommunications device	188
over a telecommunications system.	189

(AA) "Counterfeit telecommunications device" means a	190
telecommunications device that, alone or with another	191
telecommunications device, has been altered, constructed,	192
manufactured, or programmed to acquire, intercept, receive, or	193
otherwise facilitate the use of a telecommunications service or	194
information service without the authority or consent of the	195
provider of the telecommunications service or information service.	196
"Counterfeit telecommunications device" includes, but is not	197
limited to, a clone telephone, clone microchip, tumbler telephone,	198
or tumbler microchip; a wireless scanning device capable of	199
acquiring, intercepting, receiving, or otherwise facilitating the	200
use of telecommunications service or information service without	201
immediate detection; or a device, equipment, hardware, or software	202
designed for, or capable of, altering or changing the electronic	203
serial number in a wireless telephone.	204

(BB)(1) "Information service" means, subject to division	205
(BB)(2) of this section, the offering of a capability for	206
generating, acquiring, storing, transforming, processing,	207
retrieving, utilizing, or making available information via	208
telecommunications, including, but not limited to, electronic	209
publishing.	210

(2) "Information service" does not include any use of a	211
capability of a type described in division (BB)(1) of this section	212
for the management, control, or operation of a telecommunications	213
system or the management of a telecommunications service.	214

(CC) "Elderly person" means a person who is sixty-five years	215
of age or older.	216

(DD) "Disabled adult" means a person who is eighteen years of	217
age or older and has some impairment of body or mind that makes	218
the person unable to work at any substantially remunerative	219
employment that the person otherwise would be able to perform and	220
that will, with reasonable probability, continue for a period of	221
at least twelve months without any present indication of recovery	222
from the impairment, or who is eighteen years of age or older and	223
has been certified as permanently and totally disabled by an	224
agency of this state or the United States that has the function of	225
so classifying persons.	226

(EE) "Firearm" and "dangerous ordnance" have the same	227
meanings as in section 2923.11 of the Revised Code.	228

(FF) "Motor vehicle" has the same meaning as in section	229
4501.01 of the Revised Code.	230

(GG) "Dangerous drug" has the same meaning as in section	231
4729.01 of the Revised Code.	232

(HH) "Drug abuse offense" has the same meaning as in section	233
2925.01 of the Revised Code.	234

(II)(1) "Computer hacking" means any of the following:

235

(a) Gaining access or attempting to gain access to all or	236
part of a computer, computer system, or a computer network without	237
express or implied authorization with the intent to defraud or	238
with intent to commit a crime;	239

(b) Misusing computer or network services including, but not	240
limited to, mail transfer programs, file transfer programs, proxy	241
servers, and web servers by performing functions not authorized by	242
the owner of the computer, computer system, or computer network or	243
other person authorized to give consent. As used in this division,	244
"misuse of computer and network services" includes, but is not	245
limited to, the unauthorized use of any of the following:	246

(i) Mail transfer programs to send mail to persons other than	247
the authorized users of that computer or computer network;	248

(ii) File transfer program proxy services or proxy servers to	249
access other computers, computer systems, or computer networks;	250

(iii) Web servers to redirect users to other web pages or web	251
servers.	252

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	253
using a group of computer programs commonly known as "port	254
scanners" or "probes" to intentionally access any computer,	255
computer system, or computer network without the permission of the	256
owner of the computer, computer system, or computer network or	257
other person authorized to give consent. The group of computer	258
programs referred to in this division includes, but is not limited	259
to, those computer programs that use a computer network to access	260
a computer, computer system, or another computer network to	261
determine any of the following: the presence or types of computers	262
or computer systems on a network; the computer network's	263
facilities and capabilities; the availability of computer or	264
network services; the presence or versions of computer software	265
including, but not limited to, operating systems, computer	266
services, or computer contaminants; the presence of a known	267
computer software deficiency that can be used to gain unauthorized	268
access to a computer, computer system, or computer network; or any	269
other information about a computer, computer system, or computer	270
network not necessary for the normal and lawful operation of the	271
computer initiating the access.	272

(ii) The group of computer programs referred to in division	273
(II)(1)(c)(i) of this section does not include standard computer	274
software used for the normal operation, administration,	275
management, and test of a computer, computer system, or computer	276
network including, but not limited to, domain name services, mail	277
transfer services, and other operating system services, computer	278
programs commonly called "ping," "tcpdump," and "traceroute" and	279
other network monitoring and management computer software, and	280
computer programs commonly known as "nslookup" and "whois" and	281
other systems administration computer software.	282

(d) The intentional use of a computer, computer system, or a	283
computer network in a manner that exceeds any right or permission	284
granted by the owner of the computer, computer system, or computer	285
network or other person authorized to give consent.	286

(2) "Computer hacking" does not include the introduction of a	287
computer contaminant, as defined in section 2909.01 of the Revised	288
Code, into a computer, computer system, computer program, or	289
computer network.	290

(JJ) "Police dog or horse" has the same meaning as in section	291
2921.321 of the Revised Code.	292

(KK) "Anhydrous ammonia" is a compound formed by the	293
combination of two gaseous elements, nitrogen and hydrogen, in the	294
manner described in this division. Anhydrous ammonia is one part	295
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	296
weight is fourteen parts nitrogen to three parts hydrogen, which	297
is approximately eighty-two per cent nitrogen to eighteen per cent	298
hydrogen.	299

(LL) "Assistance dog" has the same meaning as in section	300
955.011 of the Revised Code.	301

(MM) "Federally licensed firearms dealer" has the same	302
meaning as in section 5502.63 of the Revised Code.	303

(NN) "Active duty service member" means any member of the	304
armed forces of the United States performing active duty under	305
title 10 of the United States Code.	306

Sec. 2913.02.  (A) No person, with purpose to deprive the	307
owner of property or services, shall knowingly obtain or exert	308
control over either the property or services in any of the	309
following ways:	310

(1) Without the consent of the owner or person authorized to	311
give consent;	312

(2) Beyond the scope of the express or implied consent of the	313
owner or person authorized to give consent;	314

(3) By deception;

315

(4) By threat;

316

(5) By intimidation.

317

(B)(1) Whoever violates this section is guilty of theft.

318

(2) Except as otherwise provided in this division or division	319
(B)(3), (4), (5), (6), (7), (8), or (9) of this section, a	320
violation of this section is petty theft, a misdemeanor of the	321
first degree. If the value of the property or services stolen is	322
one thousand dollars or more and is less than seven thousand five	323
hundred dollars or if the property stolen is any of the property	324
listed in section 2913.71 of the Revised Code, a violation of this	325
section is theft, a felony of the fifth degree. If the value of	326
the property or services stolen is seven thousand five hundred	327
dollars or more and is less than one hundred fifty thousand	328
dollars, a violation of this section is grand theft, a felony of	329
the fourth degree. If the value of the property or services stolen	330
is one hundred fifty thousand dollars or more and is less than	331
seven hundred fifty thousand dollars, a violation of this section	332
is aggravated theft, a felony of the third degree. If the value of	333
the property or services is seven hundred fifty thousand dollars	334
or more and is less than one million five hundred thousand	335
dollars, a violation of this section is aggravated theft, a felony	336
of the second degree. If the value of the property or services	337
stolen is one million five hundred thousand dollars or more, a	338
violation of this section is aggravated theft of one million five	339
hundred thousand dollars or more, a felony of the first degree.	340

(3) Except as otherwise provided in division (B)(4), (5),	341
(6), (7), (8), or (9) of this section, if the victim of the	342
offense is an elderly person or, disabled adult, active duty	343
service member, or spouse of an active duty service member, a	344
violation of this section is theft from an elderlya person or	345
disabled adultin a protected class, and division (B)(3) of this	346
section applies. Except as otherwise provided in this division,	347
theft from an elderlya person or disabled adultin a protected	348
class is a felony of the fifth degree. If the value of the	349
property or services stolen is one thousand dollars or more and is	350
less than seven thousand five hundred dollars, theft from an	351
elderlya person or disabled adultin a protected class is a	352
felony of the fourth degree. If the value of the property or	353
services stolen is seven thousand five hundred dollars or more and	354
is less than thirty-seven thousand five hundred dollars, theft	355
from an elderlya person or disabled adultin a protected class is	356
a felony of the third degree. If the value of the property or	357
services stolen is thirty-seven thousand five hundred dollars or	358
more and is less than one hundred fifty thousand dollars, theft	359
from an elderlya person or disabled adultin a protected class is	360
a felony of the second degree. If the value of the property or	361
services stolen is one hundred fifty thousand dollars or more,	362
theft from an elderlya person or disabled adultin a protected	363
class is a felony of the first degree.	364

(4) If the property stolen is a firearm or dangerous	365
ordnance, a violation of this section is grand theft. Except as	366
otherwise provided in this division, grand theft when the property	367
stolen is a firearm or dangerous ordnance is a felony of the third	368
degree, and there is a presumption in favor of the court imposing	369
a prison term for the offense. If the firearm or dangerous	370
ordnance was stolen from a federally licensed firearms dealer,	371
grand theft when the property stolen is a firearm or dangerous	372
ordnance is a felony of the first degree. The offender shall serve	373
a prison term imposed for grand theft when the property stolen is	374
a firearm or dangerous ordnance consecutively to any other prison	375
term or mandatory prison term previously or subsequently imposed	376
upon the offender.	377

(5) If the property stolen is a motor vehicle, a violation of	378
this section is grand theft of a motor vehicle, a felony of the	379
fourth degree.	380

(6) If the property stolen is any dangerous drug, a violation	381
of this section is theft of drugs, a felony of the fourth degree,	382
or, if the offender previously has been convicted of a felony drug	383
abuse offense, a felony of the third degree.	384

(7) If the property stolen is a police dog or horse or an	385
assistance dog and the offender knows or should know that the	386
property stolen is a police dog or horse or an assistance dog, a	387
violation of this section is theft of a police dog or horse or an	388
assistance dog, a felony of the third degree.	389

(8) If the property stolen is anhydrous ammonia, a violation	390
of this section is theft of anhydrous ammonia, a felony of the	391
third degree.	392

(9) Except as provided in division (B)(2) of this section	393
with respect to property with a value of seven thousand five	394
hundred dollars or more and division (B)(3) of this section with	395
respect to property with a value of one thousand dollars or more,	396
if the property stolen is a special purpose article as defined in	397
section 4737.04 of the Revised Code or is a bulk merchandise	398
container as defined in section 4737.012 of the Revised Code, a	399
violation of this section is theft of a special purpose article or	400
articles or theft of a bulk merchandise container or containers, a	401
felony of the fifth degree.	402

(10) In addition to the penalties described in division	403
(B)(2) of this section, if the offender committed the violation by	404
causing a motor vehicle to leave the premises of an establishment	405
at which gasoline is offered for retail sale without the offender	406
making full payment for gasoline that was dispensed into the fuel	407
tank of the motor vehicle or into another container, the court may	408
do one of the following:	409

(a) Unless division (B)(10)(b) of this section applies,	410
suspend for not more than six months the offender's driver's	411
license, probationary driver's license, commercial driver's	412
license, temporary instruction permit, or nonresident operating	413
privilege;	414

(b) If the offender's driver's license, probationary driver's	415
license, commercial driver's license, temporary instruction	416
permit, or nonresident operating privilege has previously been	417
suspended pursuant to division (B)(10)(a) of this section, impose	418
a class seven suspension of the offender's license, permit, or	419
privilege from the range specified in division (A)(7) of section	420
4510.02 of the Revised Code, provided that the suspension shall be	421
for at least six months.	422

(c) The court, in lieu of suspending the offender's driver's	423
or commercial driver's license, probationary driver's license,	424
temporary instruction permit, or nonresident operating privilege	425
pursuant to division (B)(10)(a) or (b) of this section, instead	426
may require the offender to perform community service for a number	427
of hours determined by the court.	428

(11) In addition to the penalties described in division	429
(B)(2) of this section, if the offender committed the violation by	430
stealing rented property or rental services, the court may order	431
that the offender make restitution pursuant to section 2929.18 or	432
2929.28 of the Revised Code. Restitution may include, but is not	433
limited to, the cost of repairing or replacing the stolen	434
property, or the cost of repairing the stolen property and any	435
loss of revenue resulting from deprivation of the property due to	436
theft of rental services that is less than or equal to the actual	437
value of the property at the time it was rented. Evidence of	438
intent to commit theft of rented property or rental services shall	439
be determined pursuant to the provisions of section 2913.72 of the	440
Revised Code.	441

(C) The sentencing court that suspends an offender's license,	442
permit, or nonresident operating privilege under division (B)(10)	443
of this section may grant the offender limited driving privileges	444
during the period of the suspension in accordance with Chapter	445
4510. of the Revised Code.	446

Sec. 2913.43.  (A) No person, by deception, shall cause	447
another to execute any writing that disposes of or encumbers	448
property, or by which a pecuniary obligation is incurred.	449

(B)(1) Whoever violates this section is guilty of securing	450
writings by deception.	451

(2) Except as otherwise provided in this division or division	452
(B)(3) of this section, securing writings by deception is a	453
misdemeanor of the first degree. If the value of the property or	454
the obligation involved is one thousand dollars or more and less	455
than seven thousand five hundred dollars, securing writings by	456
deception is a felony of the fifth degree. If the value of the	457
property or the obligation involved is seven thousand five hundred	458
dollars or more and is less than one hundred fifty thousand	459
dollars, securing writings by deception is a felony of the fourth	460
degree. If the value of the property or the obligation involved is	461
one hundred fifty thousand dollars or more, securing writings by	462
deception is a felony of the third degree.	463

(3) If the victim of the offense is an elderly person or,	464
disabled adult, active duty service member, or spouse of an active	465
duty service member, division (B)(3) of this section applies.	466
Except as otherwise provided in division (B)(3) of this section,	467
securing writings by deception is a felony of the fifth degree. If	468
the value of the property or obligation involved is one thousand	469
dollars or more and is less than seven thousand five hundred	470
dollars, securing writings by deception is a felony of the fourth	471
degree. If the value of the property or obligation involved is	472
seven thousand five hundred dollars or more and is less than	473
thirty-seven thousand five hundred dollars, securing writings by	474
deception is a felony of the third degree. If the value of the	475
property or obligation involved is thirty-seven thousand five	476
hundred dollars or more, securing writings by deception is a	477
felony of the second degree.	478

Sec. 2913.49.  (A) As used in this section, "personal	479
identifying information" includes, but is not limited to, the	480
following: the name, address, telephone number, driver's license,	481
driver's license number, commercial driver's license, commercial	482
driver's license number, state identification card, state	483
identification card number, social security card, social security	484
number, birth certificate, place of employment, employee	485
identification number, mother's maiden name, demand deposit	486
account number, savings account number, money market account	487
number, mutual fund account number, other financial account	488
number, personal identification number, password, or credit card	489
number of a living or dead individual.	490

(B) No person, without the express or implied consent of the	491
other person, shall use, obtain, or possess any personal	492
identifying information of another person with intent to do either	493
of the following:	494

(1) Hold the person out to be the other person;

495

(2) Represent the other person's personal identifying	496
information as the person's own personal identifying information.	497

(C) No person shall create, obtain, possess, or use the	498
personal identifying information of any person with the intent to	499
aid or abet another person in violating division (B) of this	500
section.	501

(D) No person, with intent to defraud, shall permit another	502
person to use the person's own personal identifying information.	503

(E) No person who is permitted to use another person's	504
personal identifying information as described in division (D) of	505
this section shall use, obtain, or possess the other person's	506
personal identifying information with intent to defraud any person	507
by doing any act identified in division (B)(1) or (2) of this	508
section.	509

(F)(1) It is an affirmative defense to a charge under	510
division (B) of this section that the person using the personal	511
identifying information is acting in accordance with a legally	512
recognized guardianship or conservatorship or as a trustee or	513
fiduciary.	514

(2) It is an affirmative defense to a charge under division	515
(B), (C), (D), or (E) of this section that either of the following	516
applies:	517

(a) The person or entity using, obtaining, possessing, or	518
creating the personal identifying information or permitting it to	519
be used is a law enforcement agency, authorized fraud personnel,	520
or a representative of or attorney for a law enforcement agency or	521
authorized fraud personnel and is using, obtaining, possessing, or	522
creating the personal identifying information or permitting it to	523
be used, with prior consent given as specified in this division,	524
in a bona fide investigation, an information security evaluation,	525
a pretext calling evaluation, or a similar matter. The prior	526
consent required under this division shall be given by the person	527
whose personal identifying information is being used, obtained,	528
possessed, or created or is being permitted to be used or, if the	529
person whose personal identifying information is being used,	530
obtained, possessed, or created or is being permitted to be used	531
is deceased, by that deceased person's executor, or a member of	532
that deceased person's family, or that deceased person's attorney.	533
The prior consent required under this division may be given orally	534
or in writing by the person whose personal identifying information	535
is being used, obtained, possessed, or created or is being	536
permitted to be used or that person's executor, or family member,	537
or attorney.	538

(b) The personal identifying information was obtained,	539
possessed, used, created, or permitted to be used for a lawful	540
purpose, provided that division (F)(2)(b) of this section does not	541
apply if the person or entity using, obtaining, possessing, or	542
creating the personal identifying information or permitting it to	543
be used is a law enforcement agency, authorized fraud personnel,	544
or a representative of or attorney for a law enforcement agency or	545
authorized fraud personnel that is using, obtaining, possessing,	546
or creating the personal identifying information or permitting it	547
to be used in an investigation, an information security	548
evaluation, a pretext calling evaluation, or similar matter.	549

(G) It is not a defense to a charge under this section that	550
the person whose personal identifying information was obtained,	551
possessed, used, created, or permitted to be used was deceased at	552
the time of the offense.	553

(H)(1) If an offender commits a violation of division (B),	554
(D), or (E) of this section and the violation occurs as part of a	555
course of conduct involving other violations of division (B), (D),	556
or (E) of this section or violations of, attempts to violate,	557
conspiracies to violate, or complicity in violations of division	558
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21,	559
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the	560
court, in determining the degree of the offense pursuant to	561
division (I) of this section, may aggregate all credit, property,	562
or services obtained or sought to be obtained by the offender and	563
all debts or other legal obligations avoided or sought to be	564
avoided by the offender in the violations involved in that course	565
of conduct. The course of conduct may involve one victim or more	566
than one victim.	567

(2) If an offender commits a violation of division (C) of	568
this section and the violation occurs as part of a course of	569
conduct involving other violations of division (C) of this section	570
or violations of, attempts to violate, conspiracies to violate, or	571
complicity in violations of division (B), (D), or (E) of this	572
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31,	573
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in	574
determining the degree of the offense pursuant to division (I) of	575
this section, may aggregate all credit, property, or services	576
obtained or sought to be obtained by the person aided or abetted	577
and all debts or other legal obligations avoided or sought to be	578
avoided by the person aided or abetted in the violations involved	579
in that course of conduct. The course of conduct may involve one	580
victim or more than one victim.	581

(I)(1) Whoever violates this section is guilty of identity	582
fraud.	583

(2) Except as otherwise provided in this division or division	584
(I)(3) of this section, identity fraud is a felony of the fifth	585
degree. If the value of the credit, property, services, debt, or	586
other legal obligation involved in the violation or course of	587
conduct is one thousand dollars or more and is less than seven	588
thousand five hundred dollars, except as otherwise provided in	589
division (I)(3) of this section, identity fraud is a felony of the	590
fourth degree. If the value of the credit, property, services,	591
debt, or other legal obligation involved in the violation or	592
course of conduct is seven thousand five hundred dollars or more	593
and is less than one hundred fifty thousand dollars, except as	594
otherwise provided in division (I)(3) of this section, identity	595
fraud is a felony of the third degree. If the value of the credit,	596
property, services, debt, or other legal obligation involved in	597
the violation or course of conduct is one hundred fifty thousand	598
dollars or more, except as otherwise provided in division (I)(3)	599
of this section, identity fraud is a felony of the second degree.	600

(3) If the victim of the offense is an elderly person or,	601
disabled adult, active duty service member, or spouse of an active	602
duty service member, a violation of this section is identity fraud	603
against an elderlya person or disabled adultin a protected	604
class. Except as otherwise provided in this division, identity	605
fraud against an elderlya person or disabled adultin a protected	606
class is a felony of the fifthfourth degree. If the value of the	607
credit, property, services, debt, or other legal obligation	608
involved in the violation or course of conduct is one thousand	609
dollars or more and is less than seven thousand five hundred	610
dollars, identity fraud against an elderlya person or disabled	611
adultin a protected class is a felony of the third degree. If the	612
value of the credit, property, services, debt, or other legal	613
obligation involved in the violation or course of conduct is seven	614
thousand five hundred dollars or more and is less than one hundred	615
fifty thousand dollars, identity fraud against an elderlya person	616
or disabled adultin a protected class is a felony of the second	617
degree. If the value of the credit, property, services, debt, or	618
other legal obligation involved in the violation or course of	619
conduct is one hundred fifty thousand dollars or more, identity	620
fraud against an elderlya person or disabled adultin a protected	621
class is a felony of the first degree.	622

(J) In addition to the penalties described in division (I) of	623
this section, anyone injured in person or property by a violation	624
of division (B), (D), or (E) of this section who is the owner of	625
the identifying information involved in that violation has a civil	626
action against the offender pursuant to section 2307.60 of the	627
Revised Code. That person may also bring a civil action to enjoin	628
or restrain future acts that would constitute a violation of	629
division (B), (D), or (E) of this section.	630

Sec. 2913.61.  (A) When a person is charged with a theft	631
offense, or with a violation of division (A)(1) of section 1716.14	632
of the Revised Code involving a victim who is an elderly person or	633
disabled adult that involves property or services valued at one	634
thousand dollars or more, property or services valued at one	635
thousand dollars or more and less than seven thousand five hundred	636
dollars, property or services valued at one thousand five hundred	637
dollars or more and less than seven thousand five hundred dollars,	638
property or services valued at seven thousand five hundred dollars	639
or more and less than thirty-seven thousand five hundred dollars,	640
property or services valued at seven thousand five hundred dollars	641
or more and less than one hundred fifty thousand dollars, property	642
or services valued at thirty-seven thousand five hundred dollars	643
or more and less than one hundred fifty thousand dollars, property	644
or services valued at thirty-seven thousand five hundred dollars	645
or more, property or services valued at one hundred fifty thousand	646
dollars or more, property or services valued at one hundred fifty	647
thousand dollars or more and less than seven hundred fifty	648
thousand dollars, property or services valued at seven hundred	649
fifty thousand dollars or more and less than one million five	650
hundred thousand dollars, or property or services valued at one	651
million five hundred thousand dollars or more, the jury or court	652
trying the accused shall determine the value of the property or	653
services as of the time of the offense and, if a guilty verdict is	654
returned, shall return the finding of value as part of the	655
verdict. In any case in which the jury or court determines that	656
the value of the property or services at the time of the offense	657
was one thousand dollars or more, it is unnecessary to find and	658
return the exact value, and it is sufficient if the finding and	659
return is to the effect that the value of the property or services	660
involved was one thousand dollars or more, was one thousand	661
dollars or more and less than seven thousand five hundred dollars,	662
was one thousand five hundred dollars or more and less than seven	663
thousand five hundred dollars, was seven thousand five hundred	664
dollars or more and less than thirty-seven thousand five hundred	665
dollars, was seven thousand five hundred dollars or more and less	666
than thirty-seven thousand five hundred dollars, was seven	667
thousand five hundred dollars or more and less than one hundred	668
fifty thousand dollars, was thirty-seven thousand five hundred	669
dollars or more and less than one hundred fifty thousand dollars,	670
was thirty-seven thousand five hundred dollars or more and less	671
than one hundred fifty thousand dollars, was one hundred fifty	672
thousand dollars or more, was one hundred fifty thousand dollars	673
or more and less than seven hundred fifty thousand dollars, was	674
seven hundred fifty thousand dollars or more and less than one	675
million five hundred thousand dollars, or was one million five	676
hundred thousand dollars or more, whichever is relevant regarding	677
the offense.	678

(B) If more than one item of property or services is involved	679
in a theft offense or in a violation of division (A)(1) of section	680
1716.14 of the Revised Code involving a victim who is an elderly	681
person or disabled adult, the value of the property or services	682
involved for the purpose of determining the value as required by	683
division (A) of this section is the aggregate value of all	684
property or services involved in the offense.	685

(C)(1) When a series of offenses under section 2913.02 of the	686
Revised Code, or a series of violations of, attempts to commit a	687
violation of, conspiracies to violate, or complicity in violations	688
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	689
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	690
2913.31 or 2913.43 of the Revised Code involving a victim who is	691
an elderly person or disabled adult, is committed by the offender	692
in the offender's same employment, capacity, or relationship to	693
another, all of those offenses shall be tried as a single offense.	694
When a series of offenses under section 2913.02 of the Revised	695
Code, or a series of violations of, attempts to commit a violation	696
of, conspiracies to violate, or complicity in violations of	697
section 2913.02 or 2913.43 of the Revised Code involving a victim	698
who is an active duty service member or spouse of an active duty	699
service member is committed by the offender in the offender's same	700
employment, capacity, or relationship to another, all of those	701
offenses shall be tried as a single offense. The value of the	702
property or services involved in the series of offenses for the	703
purpose of determining the value as required by division (A) of	704
this section is the aggregate value of all property and services	705
involved in all offenses in the series.	706

(2) If an offender commits a series of offenses under section	707
2913.02 of the Revised Code that involves a common course of	708
conduct to defraud multiple victims, all of the offenses may be	709
tried as a single offense. If an offender is being tried for the	710
commission of a series of violations of, attempts to commit a	711
violation of, conspiracies to violate, or complicity in violations	712
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	713
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	714
2913.31 or 2913.43 of the Revised Code, whether committed against	715
one victim or more than one victim, involving a victim who is an	716
elderly person or disabled adult, pursuant to a scheme or course	717
of conduct, all of those offenses may be tried as a single	718
offense. If an offender is being tried for the commission of a	719
series of violations of, attempts to commit a violation of,	720
conspiracies to violate, or complicity in violations of section	721
2913.02 or 2913.43 of the Revised Code, whether committed against	722
one victim or more than one victim, involving a victim who is an	723
active duty service member or spouse of an active duty service	724
member pursuant to a scheme or course of conduct, all of those	725
offenses may be tried as a single offense. If the offenses are	726
tried as a single offense, the value of the property or services	727
involved for the purpose of determining the value as required by	728
division (A) of this section is the aggregate value of all	729
property and services involved in all of the offenses in the	730
course of conduct.	731

(3) When a series of two or more offenses under section	732
2913.40, 2913.48, or 2921.41 of the Revised Code is committed by	733
the offender in the offender's same employment, capacity, or	734
relationship to another, all of those offenses may be tried as a	735
single offense. If the offenses are tried as a single offense, the	736
value of the property or services involved for the purpose of	737
determining the value as required by division (A) of this section	738
is the aggregate value of all property and services involved in	739
all of the offenses in the series of two or more offenses.	740

(4) In prosecuting a single offense under division (C)(1),	741
(2), or (3) of this section, it is not necessary to separately	742
allege and prove each offense in the series. Rather, it is	743
sufficient to allege and prove that the offender, within a given	744
span of time, committed one or more theft offenses or violations	745
of section 2913.40, 2913.48, or 2921.41 of the Revised Code in the	746
offender's same employment, capacity, or relationship to another	747
as described in division (C)(1) or (3) of this section, or	748
committed one or more theft offenses that involve a common course	749
of conduct to defraud multiple victims or a scheme or course of	750
conduct as described in division (C)(2) of this section. While it	751
is not necessary to separately allege and prove each offense in	752
the series in order to prosecute a single offense under division	753
(C)(1), (2), or (3) of this section, it remains necessary in	754
prosecuting them as a single offense to prove the aggregate value	755
of the property or services in order to meet the requisite	756
statutory offense level sought by the prosecution.	757

(D) The following criteria shall be used in determining the	758
value of property or services involved in a theft offense:	759

(1) The value of an heirloom, memento, collector's item,	760
antique, museum piece, manuscript, document, record, or other	761
thing that has intrinsic worth to its owner and that either is	762
irreplaceable or is replaceable only on the expenditure of	763
substantial time, effort, or money, is the amount that would	764
compensate the owner for its loss.	765

(2) The value of personal effects and household goods, and of	766
materials, supplies, equipment, and fixtures used in the	767
profession, business, trade, occupation, or avocation of its	768
owner, which property is not covered under division (D)(1) of this	769
section and which retains substantial utility for its purpose	770
regardless of its age or condition, is the cost of replacing the	771
property with new property of like kind and quality.	772

(3) The value of any real or personal property that is not	773
covered under division (D)(1) or (2) of this section, and the	774
value of services, is the fair market value of the property or	775
services. As used in this section, "fair market value" is the	776
money consideration that a buyer would give and a seller would	777
accept for property or services, assuming that the buyer is	778
willing to buy and the seller is willing to sell, that both are	779
fully informed as to all facts material to the transaction, and	780
that neither is under any compulsion to act.	781

(E) Without limitation on the evidence that may be used to	782
establish the value of property or services involved in a theft	783
offense:	784

(1) When the property involved is personal property held for	785
sale at wholesale or retail, the price at which the property was	786
held for sale is prima-facie evidence of its value.	787

(2) When the property involved is a security or commodity	788
traded on an exchange, the closing price or, if there is no	789
closing price, the asked price, given in the latest market	790
quotation prior to the offense is prima-facie evidence of the	791
value of the security or commodity.	792

(3) When the property involved is livestock, poultry, or raw	793
agricultural products for which a local market price is available,	794
the latest local market price prior to the offense is prima-facie	795
evidence of the value of the livestock, poultry, or products.	796

(4) When the property involved is a negotiable instrument,	797
the face value is prima-facie evidence of the value of the	798
instrument.	799

(5) When the property involved is a warehouse receipt, bill	800
of lading, pawn ticket, claim check, or other instrument entitling	801
the holder or bearer to receive property, the face value or, if	802
there is no face value, the value of the property covered by the	803
instrument less any payment necessary to receive the property is	804
prima-facie evidence of the value of the instrument.	805

(6) When the property involved is a ticket of admission,	806
ticket for transportation, coupon, token, or other instrument	807
entitling the holder or bearer to receive property or services,	808
the face value or, if there is no face value, the value of the	809
property or services that may be received by the instrument is	810
prima-facie evidence of the value of the instrument.	811

(7) When the services involved are gas, electricity, water,	812
telephone, transportation, shipping, or other services for which	813
the rate is established by law, the duly established rate is	814
prima-facie evidence of the value of the services.	815

(8) When the services involved are services for which the	816
rate is not established by law, and the offender has been notified	817
prior to the offense of the rate for the services, either in	818
writing, orally, or by posting in a manner reasonably calculated	819
to come to the attention of potential offenders, the rate	820
contained in the notice is prima-facie evidence of the value of	821
the services.	822

Sec. 3333.164. (A) As used in this section, "state	823
institution of higher education" has the same meaning as in	824
section 3345.011 of the Revised Code.	825

(B) Not later than December 31, 2014, the chancellor of the	826
Ohio board of regents shall do all of the following with regard to	827
the awarding of college credit for military training, experience,	828
and coursework:	829

(1) Develop a set of standards and procedures for state	830
institutions of higher education to utilize in the granting of	831
college credit for military training, experience, and coursework;	832

(2) Create a military articulation and transfer assurance	833
guide for college credit that is earned through military training,	834
experience, and coursework. The chancellor shall use the current	835
articulation and transfer policy adopted pursuant to section	836
3333.16 of the Revised Code as a model in developing this guide.	837

(3) Create a web site that contains information related to	838
the awarding of college credit for military training, experience,	839
and coursework. The web site shall include both of the following:	840

(a) Standardized resources that address frequently asked	841
questions regarding the awarding of such credit and related	842
issues.	843

(b) A statewide database that shows how specified military	844
training, experience, and coursework translates to college credit.	845

(4) Develop a statewide training program that prepares	846
faculty and staff of state institutions of higher education to	847
evaluate various military training, experience, and coursework and	848
to award appropriate equivalent credit. The training program shall	849
incorporate the best practices of awarding credit for military	850
experiences, including both the recommendations of the American	851
council on education and the standards developed by the council	852
for adult and experiential learning.	853

(C) Beginning on July 1, 2015, state institutions of higher	854
education shall ensure that appropriate equivalent credit is	855
awarded for military training, experience, and coursework that	856
meet the standards developed by the chancellor pursuant to this	857
section.	858

Sec. 3345.42.  Not later than December 31, 2014, the board of	859
trustees of each state institution of higher education, as defined	860
in section 3345.011 of the Revised Code, shall do both of the	861
following:	862

(A) Designate at least one person employed by the institution	863
to serve as the contact person for veterans affairs. Such a person	864
shall assist and advise veterans on issues related to earning	865
college credit for military training, experience, and coursework.	866

(B) Adopt a policy regarding the support and assistance the	867
institution will provide to veterans.	868

The chancellor of the Ohio board of regents shall provide	869
guidance to state institutions of higher education in their	870
compliance with this section, including the recommendation of	871
standardized policies on support and assistance to veterans.	872

The person or persons designated under division (A) of this	873
section shall not be a person currently designated by the	874
institution as a veterans administration certifying official.	875

Sec. 3345.43. (A) Not later than December 31, 2014, and	876
continuing thereafter, each state institution of higher education,	877
as defined in section 3345.011 of the Revised Code, shall provide	878
a student who is either a veteran or a service member with	879
priority for course registration.	880

(B) As used in this section:

881

(1) "Service member" means a person who is serving in the	882
armed forces of the United States.	883

(2) "Veteran" means any person who has completed service in	884
the armed forces, including the national guard of any state or a	885
reserve component of the armed forces, and who has been discharged	886
under honorable conditions from the armed forces or who has been	887
transferred to the reserve with evidence of satisfactory service.	888

Sec. 3345.44. Not later than December 31, 2014, the board of	889
trustees or managing authority of each state institution of higher	890
education, as defined in section 3345.011 of the Revised Code,	891
shall establish an appeals procedure for students who are veterans	892
for resolving disputes regarding the awarding of college credit	893
for military experience.	894

Sec. 3345.46. (A) On or after December 31, 2014, no state	895
institution of higher education, as defined in section 3345.011 of	896
the Revised Code, shall charge a student who is a veteran or a	897
service member any fee for the evaluation of, transcription of, or	898
application for college credit for military experience.	899

(B) As used in this section:

900

(1) "Service member" means a person who is serving in the	901
armed forces of the United States.	902

(2) "Veteran" means any person who has completed service in	903
the armed forces, including the national guard of any state or a	904
reserve component of the armed forces, and who has been discharged	905
under honorable conditions from the armed forces or who has been	906
transferred to the reserve with evidence of satisfactory service.	907

Sec. 4729.12.  An identification card issued by the state	908
board of pharmacy under section 4729.08 of the Revised Code	909
entitles the individual to whom it is issued to practice as a	910
pharmacist or as a pharmacy intern in this state until the next	911
annual renewal date.	912

Identification cards shall be renewed annually on the	913
fifteenth day of September, according to the standard renewal	914
procedure of Chapter 4745. of the Revised Code.	915

Each pharmacist and pharmacy intern shall carry the	916
identification card or renewal identification card while engaged	917
in the practice of pharmacy. The license shall be conspicuously	918
exposed at the principal place where the pharmacist or pharmacy	919
intern practices pharmacy.	920

A pharmacist or pharmacy intern who desires to continue in	921
the practice of pharmacy shall file with the board an application	922
in such form and containing such data as the board may require for	923
renewal of an identification card. An application filed under this	924
section may not be withdrawn without the approval of the board. If	925
the board finds that the applicant's card has not been revoked or	926
placed under suspension and that the applicant has paid the	927
renewal fee, has continued pharmacy education in accordance with	928
the rules of the board, and is entitled to continue in the	929
practice of pharmacy, the board shall issue a renewal	930
identification card to the applicant.	931

When an identification card has lapsed for more than sixty	932
days but application is made within three years after the	933
expiration of the card, the applicant shall be issued a renewal	934
identification card without further examination if the applicant	935
meets the requirements of this section and pays the fee designated	936
under division (E)(A)(5) of section 4729.15 of the Revised Code.	937

Sec. 4729.13.  A pharmacist who fails to make application to	938
the state board of pharmacy for a renewal identification card	939
within a period of three years from the expiration of the	940
identification card must pass an examination for registration;	941
except that a pharmacist whose registration has expired, but who	942
has continually practiced pharmacy in another state under a	943
license issued by the authority of that state, may obtain a	944
renewal identification card upon payment to the executive director	945
of the board the fee designated under division (F)(A)(6) of	946
section 4729.15 of the Revised Code.	947

Sec. 4729.15. The(A) Except as provided in division (B) of	948
this section, the state board of pharmacy shall charge the	949
following fees:	950

(A)(1) For applying for a license to practice as a	951
pharmacist, an amount adequate to cover all rentals, compensation	952
for proctors, and other expenses of the board related to	953
examination except the expenses of procuring and grading the	954
examination, which fee shall not be returned if the applicant	955
fails to pass the examination;	956

(B)(2) For the examination of an applicant for licensure as a	957
pharmacist, an amount adequate to cover any expenses to the board	958
of procuring and grading the examination or any part thereof,	959
which fee shall not be returned if the applicant fails to pass the	960
examination;	961

(C)(3) For issuing a license and an identification card to an	962
individual who passes the examination described in section 4729.07	963
of the Revised Code, an amount that is adequate to cover the	964
expense;	965

(D)(4) For a pharmacist applying for renewal of an	966
identification card within sixty days after the expiration date,	967
ninety-seven dollars and fifty cents, which fee shall not be	968
returned if the applicant fails to qualify for renewal;	969

(E)(5) For a pharmacist applying for renewal of an	970
identification card that has lapsed for more than sixty days, but	971
for less than three years, one hundred thirty-five dollars, which	972
fee shall not be returned if the applicant fails to qualify for	973
renewal;	974

(F)(6) For a pharmacist applying for renewal of an	975
identification card that has lapsed for more than three years,	976
three hundred thirty-seven dollars and fifty cents, which fee	977
shall not be returned if the applicant fails to qualify for	978
renewal;	979

(G)(7) For a pharmacist applying for a license and	980
identification card, on presentation of a pharmacist license	981
granted by another state, three hundred thirty-seven dollars and	982
fifty cents, which fee shall not be returned if the applicant	983
fails to qualify for licensure.	984

(H)(8) For a license and identification card to practice as a	985
pharmacy intern, twenty-two dollars and fifty cents, which fee	986
shall not be returned if the applicant fails to qualify for	987
licensure;	988

(I)(9) For the renewal of a pharmacy intern identification	989
card, twenty-two dollars and fifty cents, which fee shall not be	990
returned if the applicant fails to qualify for renewal;	991

(J)(10) For issuing a replacement license to a pharmacist,	992
twenty-two dollars and fifty cents;	993

(K)(11) For issuing a replacement license to a pharmacy	994
intern, seven dollars and fifty cents;	995

(L)(12) For issuing a replacement identification card to a	996
pharmacist, thirty-seven dollars and fifty cents, or pharmacy	997
intern, seven dollars and fifty cents;	998

(M)(13) For certifying licensure and grades for reciprocal	999
licensure, ten dollars;	1000

(N)(14) For making copies of any application, affidavit, or	1001
other document filed in the state board of pharmacy office, an	1002
amount fixed by the board that is adequate to cover the expense,	1003
except that for copies required by federal or state agencies or	1004
law enforcement officers for official purposes, no charge need be	1005
made;	1006

(O)(15) For certifying and affixing the seal of the board, an	1007
amount fixed by the board that is adequate to cover the expense,	1008
except that for certifying and affixing the seal of the board to a	1009
document required by federal or state agencies or law enforcement	1010
officers for official purposes, no charge need be made;	1011

(P)(16) For each copy of a book or pamphlet that includes	1012
laws administered by the state board of pharmacy, rules adopted by	1013
the board, and chapters of the Revised Code with which the board	1014
is required to comply, an amount fixed by the board that is	1015
adequate to cover the expense of publishing and furnishing the	1016
book or pamphlet.	1017

(B)(1) Subject to division (B)(2) of this section, the fees	1018
described in divisions (A)(1) to (13) of this section do not apply	1019
to an individual who is on active duty in the armed forces of the	1020
United States or to an individual who served in the armed forces	1021
of the United States and presents a valid copy of the individual's	1022
DD-214 form or an equivalent document issued by the United States	1023
department of defense indicating that the individual is an	1024
honorably discharged veteran.	1025

(2) The state board of pharmacy may establish limits with	1026
respect to the individuals for whom fees are not applicable under	1027
division (B)(1) of this section.	1028

Sec. 4731.36.  (A) Sections 4731.01 to 4731.47 of the Revised	1029
Code shall not prohibit service in case of emergency, domestic	1030
administration of family remedies, or provision of assistance to	1031
another individual who is self-administering drugs.	1032

Sections 4731.01 to 4731.47 of the Revised Code shall not	1033
apply to any of the following:	1034

(1) A commissioned medical officer of the armed forces of the	1035
United States armed forces, as defined in section 5903.11 of the	1036
Revised Code, or an employee of the veterans administration of the	1037
United States or the United States public health service in the	1038
discharge of the officer's or employee's professional duties;	1039

(2) A dentist authorized under Chapter 4715. of the Revised	1040
Code to practice dentistry when engaged exclusively in the	1041
practice of dentistry or when administering anesthetics in the	1042
practice of dentistry;	1043

(3) A physician or surgeon in another state or territory who	1044
is a legal practitioner of medicine or surgery therein when	1045
providing consultation to an individual holding a certificate to	1046
practice issued under this chapter who is responsible for the	1047
examination, diagnosis, and treatment of the patient who is the	1048
subject of the consultation, if one of the following applies:	1049

(a) The physician or surgeon does not provide consultation in	1050
this state on a regular or frequent basis.	1051

(b) The physician or surgeon provides the consultation	1052
without compensation of any kind, direct or indirect, for the	1053
consultation.	1054

(c) The consultation is part of the curriculum of a medical	1055
school or osteopathic medical school of this state or a program	1056
described in division (A)(2) of section 4731.291 of the Revised	1057
Code.	1058

(4) A physician or surgeon in another state or territory who	1059
is a legal practitioner of medicine or surgery therein and	1060
provided services to a patient in that state or territory, when	1061
providing, not later than one year after the last date services	1062
were provided in another state or territory, follow-up services in	1063
person or through the use of any communication, including oral,	1064
written, or electronic communication, in this state to the patient	1065
for the same condition;	1066

(5) A physician or surgeon residing on the border of a	1067
contiguous state and authorized under the laws thereof to practice	1068
medicine and surgery therein, whose practice extends within the	1069
limits of this state. Such practitioner shall not either in person	1070
or through the use of any communication, including oral, written,	1071
or electronic communication, open an office or appoint a place to	1072
see patients or receive calls within the limits of this state.	1073

(6) A board, committee, or corporation engaged in the conduct	1074
described in division (A) of section 2305.251 of the Revised Code	1075
when acting within the scope of the functions of the board,	1076
committee, or corporation;	1077

(7) The conduct of an independent review organization	1078
accredited by the superintendent of insurance under section	1079
3922.13 of the Revised Code for the purpose of external reviews	1080
conducted under Chapter 3922. of the Revised Code.	1081

As used in division (A)(1) of this section, "armed forces of	1082
the United States" means the army, air force, navy, marine corps,	1083
coast guard, and any other military service branch that is	1084
designated by congress as a part of the armed forces of the United	1085
States.	1086

(B)(1) Subject to division (B)(2) of this section, this	1087
chapter does not apply to a person who holds a current,	1088
unrestricted license to practice medicine and surgery or	1089
osteopathic medicine and surgery in another state when the person,	1090
pursuant to a written agreement with an athletic team located in	1091
the state in which the person holds the license, provides medical	1092
services to any of the following while the team is traveling to or	1093
from or participating in a sporting event in this state:	1094

(a) A member of the athletic team;

1095

(b) A member of the athletic team's coaching, communications,	1096
equipment, or sports medicine staff;	1097

(c) A member of a band or cheerleading squad accompanying the	1098
athletic team;	1099

(d) The athletic team's mascot.

1100

(2) In providing medical services pursuant to division (B)(1)	1101
of this section, the person shall not provide medical services at	1102
a health care facility, including a hospital, an ambulatory	1103
surgical facility, or any other facility in which medical care,	1104
diagnosis, or treatment is provided on an inpatient or outpatient	1105
basis.	1106

(C) Sections 4731.51 to 4731.61 of the Revised Code do not	1107
apply to any graduate of a podiatric school or college while	1108
performing those acts that may be prescribed by or incidental to	1109
participation in an accredited podiatric internship, residency, or	1110
fellowship program situated in this state approved by the state	1111
medical board.	1112

(D) This chapter does not apply to an oriental medicine	1113
practitioner or acupuncturist who complies with Chapter 4762. of	1114
the Revised Code.	1115

(E) This chapter does not prohibit the administration of	1116
drugs by any of the following:	1117

(1) An individual who is licensed or otherwise specifically	1118
authorized by the Revised Code to administer drugs;	1119

(2) An individual who is not licensed or otherwise	1120
specifically authorized by the Revised Code to administer drugs,	1121
but is acting pursuant to the rules for delegation of medical	1122
tasks adopted under section 4731.053 of the Revised Code;	1123

(3) An individual specifically authorized to administer drugs	1124
pursuant to a rule adopted under the Revised Code that is in	1125
effect on April 10, 2001, as long as the rule remains in effect,	1126
specifically authorizing an individual to administer drugs.	1127

(F) The exemptions described in divisions (A)(3), (4), and	1128
(5) of this section do not apply to a physician or surgeon whose	1129
certificate to practice issued under this chapter is under	1130
suspension or has been revoked or permanently revoked by action of	1131
the state medical board.	1132

Sec. 4743.04.  (A) The renewal of a license or other	1133
authorization to practice a trade or profession issued under Title	1134
XLVII of the Revised Code is subject to the provisions of section	1135
5903.10 of the Revised Code relating to service in the armed	1136
forces of the United States or a reserve component of the armed	1137
forces of the United States, including the Ohio national guard or	1138
the national guard of any other state.	1139

(B) Continuing education requirements applicable to the	1140
licensees under Title XLVII of the Revised Code are subject to the	1141
provisions of section 5903.12 of the Revised Code relating to	1142
active duty military service.	1143

(C) A department, agency, or office of this state or of any	1144
political subdivision of this state that issues a license or	1145
certificate to practice a trade or profession may, pursuant to	1146
rules adopted by the department, agency, or office, issue a	1147
temporary license or certificate to practice the trade or	1148
profession to a person whose spouse is on active military duty in	1149
this state.	1150

(D) The issuance of a license or other authorization to	1151
practice a trade or profession issued under Title XLVII of the	1152
Revised Code is subject to the provisions of section 5903.03 of	1153
the Revised Code relating to service in the armed forces of the	1154
United States or a reserve component of the armed forces of the	1155
United States, including the Ohio national guard or the national	1156
guard of any other state.	1157

Sec. 5902.02.  The duties of the director of veterans	1158
services shall include the following:	1159

(A) Furnishing the veterans service commissions of all	1160
counties of the state copies of the state laws, rules, and	1161
legislation relating to the operation of the commissions and their	1162
offices;	1163

(B) Upon application, assisting the general public in	1164
obtaining records of vital statistics pertaining to veterans or	1165
their dependents;	1166

(C) Adopting rules pursuant to Chapter 119. of the Revised	1167
Code pertaining to minimum qualifications for hiring, certifying,	1168
and accrediting county veterans service officers, pertaining to	1169
their required duties, and pertaining to revocation of the	1170
certification of county veterans service officers;	1171

(D) Adopting rules pursuant to Chapter 119. of the Revised	1172
Code for the education, training, certification, and duties of	1173
veterans service commissioners and for the revocation of the	1174
certification of a veterans service commissioner;	1175

(E) Developing and monitoring programs and agreements	1176
enhancing employment and training for veterans in single or	1177
multiple county areas;	1178

(F) Developing and monitoring programs and agreements to	1179
enable county veterans service commissions to address	1180
homelessness, indigency, and other veteran-related issues	1181
individually or jointly;	1182

(G) Developing and monitoring programs and agreements to	1183
enable state agencies, individually or jointly, that provide	1184
services to veterans, including the veterans' homes operated under	1185
Chapter 5907. of the Revised Code and the director of job and	1186
family services, to address homelessness, indigency, employment,	1187
and other veteran-related issues;	1188

(H) Establishing and providing statistical reporting formats	1189
and procedures for county veterans service commissions;	1190

(I) Publishing electronically a listing of county veterans	1191
service offices and county veterans service commissioners. The	1192
listing shall include the expiration dates of commission members'	1193
terms of office and the organizations they represent; the names,	1194
addresses, and telephone numbers of county veterans service	1195
offices; and the addresses and telephone numbers of the Ohio	1196
offices and headquarters of state and national veterans service	1197
organizations.	1198

(J) Establishing a veterans advisory committee to advise and	1199
assist the department of veterans services in its duties. Members	1200
shall include a member of the national guard association of the	1201
United States who is a resident of this state, a member of the	1202
military officers association of America who is a resident of this	1203
state, a state representative of congressionally chartered	1204
veterans organizations referred to in section 5901.02 of the	1205
Revised Code, a representative of any other congressionally	1206
chartered state veterans organization that has at least one	1207
veterans service commissioner in the state, three representatives	1208
of the Ohio state association of county veterans service	1209
commissioners, who shall have a combined vote of one, three	1210
representatives of the state association of county veterans	1211
service officers, who shall have a combined vote of one, one	1212
representative of the county commissioners association of Ohio,	1213
who shall be a county commissioner not from the same county as any	1214
of the other county representatives, a representative of the	1215
advisory committee on women veterans, a representative of a labor	1216
organization, and a representative of the office of the attorney	1217
general. The department of veterans services shall submit to the	1218
advisory committee proposed rules for the committee's operation.	1219
The committee may review and revise these proposed rules prior to	1220
submitting them to the joint committee on agency rule review.	1221

(K) Adopting, with the advice and assistance of the veterans	1222
advisory committee, policy and procedural guidelines that the	1223
veterans service commissions shall adhere to in the development	1224
and implementation of rules, policies, procedures, and guidelines	1225
for the administration of Chapter 5901. of the Revised Code. The	1226
department of veterans services shall adopt no guidelines or rules	1227
regulating the purposes, scope, duration, or amounts of financial	1228
assistance provided to applicants pursuant to sections 5901.01 to	1229
5901.15 of the Revised Code. The director of veterans services may	1230
obtain opinions from the office of the attorney general regarding	1231
rules, policies, procedures, and guidelines of the veterans	1232
service commissions and may enforce compliance with Chapter 5901.	1233
of the Revised Code.	1234

(L) Receiving copies of form DD214 filed in accordance with	1235
the director's guidelines adopted under division (L) of this	1236
section from members of veterans service commissions appointed	1237
under section 5901.02 and from county veterans service officers	1238
employed under section 5901.07 of the Revised Code;	1239

(M) Developing and maintaining and improving a resource, such	1240
as a telephone answering point or a web site, by means of which	1241
veterans and their dependents, through a single portal, can access	1242
multiple sources of information and interaction with regard to the	1243
rights of, and the benefits available to, veterans and their	1244
dependents. The director of veterans services may enter into	1245
agreements with state and federal agencies, with agencies of	1246
political subdivisions, with state and local instrumentalities,	1247
and with private entities as necessary to make the resource as	1248
complete as is possible.	1249

(N) Planning, organizing, advertising, and conducting	1250
outreach efforts, such as conferences and fairs, at which veterans	1251
and their dependents may meet, learn about the organization and	1252
operation of the department of veterans services and of veterans	1253
service commissions, and obtain information about the rights of,	1254
and the benefits and services available to, veterans and their	1255
dependents;	1256

(O) Advertising, in print, on radio and television, and	1257
otherwise, the rights of, and the benefits and services available	1258
to, veterans and their dependents;	1259

(P) Developing and advocating improved benefits and services	1260
for, and improved delivery of benefits and services to, veterans	1261
and their dependents;	1262

(Q) Searching for, identifying, and reviewing statutory and	1263
administrative policies that relate to veterans and their	1264
dependents and reporting to the general assembly statutory and	1265
administrative policies that should be consolidated in whole or in	1266
part within the organization of the department of veterans	1267
services to unify funding, delivery, and accounting of statutory	1268
and administrative policy expressions that relate particularly to	1269
veterans and their dependents;	1270

(R) Encouraging veterans service commissions to innovate and	1271
otherwise to improve efficiency in delivering benefits and	1272
services to veterans and their dependents and to report successful	1273
innovations and efficiencies to the director of veterans services;	1274

(S) Publishing and encouraging adoption of successful	1275
innovations and efficiencies veterans service commissions have	1276
achieved in delivering benefits and services to veterans and their	1277
dependents;	1278

(T) Establishing advisory committees, in addition to the	1279
veterans advisory committee established under division (K) of this	1280
section, on veterans issues;	1281

(U) Developing and maintaining a relationship with the United	1282
States department of veterans affairs, seeking optimal federal	1283
benefits and services for Ohio veterans and their dependents, and	1284
encouraging veterans service commissions to maximize the federal	1285
benefits and services to which veterans and their dependents are	1286
entitled;	1287

(V) Developing and maintaining relationships with the several	1288
veterans organizations, encouraging the organizations in their	1289
efforts at assisting veterans and their dependents, and advocating	1290
for adequate state subsidization of the organizations;	1291

(W) Requiring the several veterans organizations that receive	1292
funding from the state annually, not later than the thirtieth day	1293
of July, to report to the director of veterans services and	1294
prescribing the form and content of the report;	1295

(X) Reviewing the reports submitted to the director under	1296
division (W) of this section within thirty days of receipt and	1297
informing the veterans organization of any deficiencies that exist	1298
in the organization's report and that funding will not be released	1299
until the deficiencies have been corrected and a satisfactory	1300
report submitted;	1301

(Y) Advising the director of budget and management when a	1302
report submitted to the director under division (W) of this	1303
section has been reviewed and determined to be satisfactory;	1304

(Z) Furnishing copies of all reports that the director of	1305
veterans services has determined have been submitted	1306
satisfactorily under division (W) of this section to the	1307
chairperson of the finance committees of the general assembly;	1308

(AA) Investigating complaints against county veterans	1309
services commissioners and county veterans service officers if the	1310
director reasonably believes the investigation to be appropriate	1311
and necessary;	1312

(BB) Developing and maintaining a web site that is accessible	1313
by veterans and their dependents and provides a link to the web	1314
site of each state agency that issues a license, certificate, or	1315
other authorization permitting an individual to engage in an	1316
occupation or occupational activity;	1317

(CC) Encouraging state agencies to conduct outreach efforts	1318
through which veterans and their dependents can learn about	1319
available job and education benefits;	1320

(DD) Informing state agencies about changes in statutes and	1321
rules that affect veterans and their dependents;	1322

(EE) Assisting licensing agencies in adopting rules under	1323
section 5903.03 of the Revised Code;	1324

(FF) Taking any other actions required by this chapter.

1325

Sec. 5903.01. As used in this chapter:

1326

"Armed forces" means the armed forces of the United States,	1327
including the army, navy, air force, marine corps, coast guard, or	1328
any reserve components of those forces; the national guard of any	1329
state; the commissioned corps of the United States public health	1330
service; the merchant marine service during wartime; such other	1331
service as may be designated by congress; or the Ohio organized	1332
militia when engaged in full-time national guard duty for a period	1333
of more than thirty days.	1334

"License" means a license, certificate, permit, or other	1335
authorization issued or conferred by a licensing agency under	1336
which a licensee may engage in a profession, occupation, or	1337
occupational activity.	1338

"Licensee" means a person to whom all of the following apply:

1339

(A) The person has been issued a license by a licensing	1340
agency.	1341

(B) The person has been a member of the armed forces.

1342

(C) The person has served on active duty, whether inside or	1343
outside the United States, for a period in excess of thirty-one	1344
days.	1345

"Licensing agency" means any state department, division,	1346
board, commission, agency, or other state governmental unit	1347
authorized by the Revised Code to issue a license.	1348

"Member" means any person who is serving in the armed forces.

1349

"Merchant marine" includes the United States army transport	1350
service and the United States naval transport service.	1351

"Veteran" means any person who has completed service in the	1352
armed forces, including the national guard of any state, or a	1353
reserve component of the armed forces, who has been discharged	1354
under honorable conditions from the armed forces or who has been	1355
transferred to the reserve with evidence of satisfactory service.	1356

Sec. 5903.03.  (A) As used in this section:

1357

(1) "License" and "licensing agency" have the meanings	1358
defined in section 5903.12 of the Revised Code.	1359

(2) "Military, "military program of training" means a	1360
training program of the armed forces of the United States or a	1361
reserve component of the armed forces of the United States,	1362
including the Ohio national guard or the national guard of any	1363
other state.	1364

(B) Notwithstanding any provision of the Revised Code to the	1365
contrary, a licensing agency shall consider an applicant for a	1366
license:	1367

(1) To have met the educational requirement for that license	1368
if the applicant has completed a military program of training and	1369
has been awarded a military primary specialty at a level that is	1370
substantially equivalent to or exceeds the educational requirement	1371
for that license; and	1372

(2) To have met the experience requirement for that license	1373
if the applicant has served in that military primary specialty	1374
under honorable conditions for a period of time that is	1375
substantially equivalent to or exceeds the experience requirement	1376
for that license.	1377

(C) Each licensing agency, not later than June 30, 2014,	1378
shall adopt rules under Chapter 119. of the Revised Code regarding	1379
which military programs of training, military primary specialties,	1380
and lengths of service are substantially equivalent to or exceed	1381
the educational and experience requirements for each license that	1382
agency issues.	1383

Sec. 5903.04.  Each licensing agency shall adopt rules under	1384
Chapter 119. of the Revised Code to establish and implement all of	1385
the following:	1386

(A) A process to obtain from each applicant documentation and	1387
additional information necessary to determine if the applicant is	1388
a member or veteran, or the spouse or surviving spouse of a member	1389
or veteran;	1390

(B) A process to record, track, and monitor applications that	1391
have been received from a member, veteran, or the spouse or	1392
surviving spouse of a member or veteran; and	1393

(C) A process to prioritize and expedite certification or	1394
licensing for each applicant who is a member, veteran, or the	1395
spouse or a surviving spouse of a member or veteran.	1396

In establishing these processes, the licensing agency shall	1397
include any special accommodations that may be appropriate for	1398
applicants facing imminent deployment.	1399

Sec. 5903.05. A licensing agency shall apply for approval to	1400
the state approving agency at the Ohio department of veterans	1401
services as required under 38 U.S.C. 3672(a) to enable an eligible	1402
person or veteran to receive education benefits through the United	1403
States department of veterans affairs.	1404

Sec. 5903.10.  (A) A holder of an expired license or	1405
certificate from this state or any political subdivision or agency	1406
of the state to practice a trade or profession shall be granted a	1407
renewal of the license or certificate by the issuing board or	1408
authority at the usual cost without penalty and without	1409
re-examination if not otherwise disqualified because of mental or	1410
physical disability and if either of the following applies:	1411

(1) The license or certificate was not renewed because of the	1412
holder's service in the armed forces of the United States or a	1413
reserve component of the armed forces of the United States,	1414
including the Ohio national guard or the national guard of any	1415
other state.	1416

(2) The license or certificate was not renewed because the	1417
holder's spouse served in the armed forces of the United States or	1418
a reserve component of the armed forces of the United States,	1419
including the Ohio national guard or the national guard of any	1420
other state, and the service resulted in the holder's absence from	1421
this state.	1422

(B) A renewal shall not be granted under division (A) of this	1423
section unless the holder or the holder's spouse, whichever is	1424
applicable, has presented satisfactory evidence of the service	1425
member's discharge under honorable conditions or release under	1426
honorable conditions from active duty or national guard duty	1427
within six months after the discharge or release.	1428

Sec. 5903.11.  (A) Any federally funded employment and	1429
training program administered by any state agency including, but	1430
not limited to, the "Workforce Investment Act of 1998," 112 Stat.	1431
936, codified in scattered sections of 29 U.S.C., as amended,	1432
shall include a veteran priority system to provide maximum	1433
employment and training opportunities to veterans and eligible	1434
persons within each targeted group as established by federal law	1435
and state and federal policy in the service area. Disabled	1436
veterans, veterans of the Vietnam era, other veterans, and	1437
eligible persons shall receive preference over nonveterans within	1438
each targeted group in the provision of employment and training	1439
services available through these programs as required by this	1440
section.	1441

(B) Each state agency shall refer qualified applicants to job	1442
openings and training opportunities in programs described in	1443
division (A) of this section in the following order of priority:	1444

(1) Special disabled veterans;

1445

(2) Veterans of the Vietnam era;

1446

(3) Disabled veterans;

1447

(4) All other veterans;

1448

(5) Other eligible persons;

1449

(6) Nonveterans.

1450

(C) Each state agency providing employment and training	1451
services to veterans and eligible persons under programs described	1452
in division (A) of this section shall submit an annual written	1453
report to the speaker of the house of representatives and the	1454
president of the senate on the services that it provides to	1455
veterans and eligible persons. Each such agency shall report	1456
separately on all entitlement programs, employment or training	1457
programs, and any other programs that it provides to each class of	1458
persons described in divisions (B)(1) to (6) of this section. Each	1459
such agency shall also report on action taken to ensure compliance	1460
with statutory requirements. Compliance and reporting procedures	1461
shall be in accordance with the reporting procedures then in	1462
effect for all employment and training programs described in	1463
division (A) of this section, with the addition of veterans as a	1464
separate reporting module.	1465

(D) All state agencies that administer federally funded	1466
employment and training programs described in division (A) of this	1467
section for veterans and eligible persons shall do all of the	1468
following:	1469

(1) Ensure that veterans are treated with courtesy and	1470
respect at all state governmental facilities;	1471

(2) Give priority in referral to jobs to qualified veterans	1472
and other eligible persons;	1473

(3) Give priority in referral to and enrollment in training	1474
programs to qualified veterans and other eligible persons;	1475

(4) Give preferential treatment to special disabled veterans	1476
in the provision of all needed state services;	1477

(5) Provide information and effective referral assistance to	1478
veterans and other eligible persons regarding needed benefits and	1479
services that may be obtained through other agencies.	1480

(E) As used in this section:

1481

(1) "Special disabled veteran" means a veteran who is	1482
entitled to, or who but for the receipt of military pay would be	1483
entitled to, compensation under any law administered by the	1484
department of veterans affairs for a disability rated at thirty	1485
per cent or more or a person who was discharged or released from	1486
active duty because of a service-connected disability.	1487

(2) "Veteran of the Vietnam era" means an eligible veteran	1488
who served on active duty for a period of more than one hundred	1489
eighty days, any part of which occurred from August 5, 1964,	1490
through May 7, 1975, and was discharged or released therefrom with	1491
other than a dishonorable discharge or a person who was discharged	1492
or released from active duty for a service-connected disability if	1493
any part of the active duty was performed from August 5, 1964,	1494
through May 7, 1975.	1495

(3) "Disabled veteran" means a veteran who is entitled to, or	1496
who but for the receipt of military retirement pay would be	1497
entitled to compensation, under any law administered by the	1498
department of veterans affairs and who is not a special disabled	1499
veteran.	1500

(4) "Eligible veteran" means a person who served on active	1501
duty for more than one hundred eighty days and was discharged or	1502
released from active duty with other than a dishonorable discharge	1503
or a person who was discharged or released from active duty	1504
because of a service-connected disability.	1505

(5) "Other eligible person" means one of the following:

1506

(a) The spouse of any person who died of a service-connected	1507
disability;	1508

(b) The spouse of any member of the armed forces serving on	1509
active duty who at the time of the spouse's application for	1510
assistance under any program described in division (A) of this	1511
section is listed pursuant to the "Act of September 6, 1966," 80	1512
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant	1513
thereto, as having been in one or more of the following categories	1514
for a total of ninety or more days:	1515

(i) Missing in action;

1516

(ii) Captured in line of duty by a hostile force;

1517

(iii) Forcibly detained or interned in line of duty by a	1518
foreign government or power.	1519

(c) The spouse of any person who has a total disability	1520
permanent in nature resulting from a service-connected disability	1521
or the spouse of a veteran who died while such a disability was in	1522
existence.	1523

(6) "Veteran" means either of the following:

1524

(a) Any persona veteran as defined in section 5903.01 of the	1525
Revised Code who was a member of the armed forces of the United	1526
States for a period of one hundred eighty days or more or; a	1527
person who was discharged or released from active duty because of	1528
a service-connected disability;	1529

(b) Aor a person who served as a member of the United States	1530
merchant marine and to whom either of the following applies:	1531

(i)(a) The person has an honorable report of separation from	1532
active duty military service, form DD214 or DD215.; or	1533

(ii)(b) The person served in the United States merchant	1534
marine between December 7, 1941, and December 31, 1946, and died	1535
on active duty while serving in a war zone during that period of	1536
service.	1537

(7) "Armed forces of the United States" means the army, air	1538
force, navy, marine corps, coast guard, and any other military	1539
service branch that is designated by congress as a part of the	1540
armed forces of the United States.	1541

(8) "Employment program" means a program which provides	1542
referral of individuals to employer job openings in the federal,	1543
state, or private sector.	1544

(9)(8) "Training program" means any program that upgrades the	1545
employability of qualified applicants.	1546

(10)(9) "Entitlement program" means any program that enlists	1547
specific criteria in determining eligibility, including but not	1548
limited to the existence in special segments of the general	1549
population of specific financial needs.	1550

(11)(10) "Targeted group" means a group of persons designated	1551
by federal law or regulations or by state law to receive special	1552
assistance under an employment and training program described in	1553
division (A) of this section.	1554

(12) "United States merchant marine" includes the United	1555
States army transport service and the United States naval	1556
transport service.	1557

Sec. 5903.12.  (A) As used in this section:

1558

(1) "Continuing education" means continuing education	1559
required of a licensee by law and includes, but is not limited to,	1560
the continuing education required of licensees under sections	1561
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,	1562
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141,	1563
4736.11, 4741.16, 4741.19, 4751.07, 4755.63, 4757.33, 4759.06,	1564
4761.06, and 4763.07 of the Revised Code.	1565

(2) "License" means a license, certificate, permit, or other	1566
authorization issued or conferred by a licensing agency under	1567
which a licensee may engage in a profession, occupation, or	1568
occupational activity.	1569

(3) "Licensee" means a person to whom all of the following	1570
apply:	1571

(a) The person has been issued a license by a licensing	1572
agency.	1573

(b) The person has been a member of the armed forces of the	1574
United States, the Ohio national guard, the Ohio military reserve,	1575
the Ohio naval militia, the national guard of any other state, or	1576
a reserve component of the armed forces of the United States.	1577

(c) The person has served on active duty, whether inside or	1578
outside the United States, for a period in excess of thirty-one	1579
days.	1580

(4) "Licensing agency" means any state department, division,	1581
board, commission, agency, or other state governmental unit	1582
authorized by the Revised Code to issue a license.	1583

(5) "Reporting period" means the period of time during which	1584
a licensee must complete the number of hours of continuing	1585
education required of the licensee by law.	1586

(B) A licensee may submit an application to a licensing	1587
agency, stating that the licensee requires an extension of the	1588
current reporting period because the licensee has served on active	1589
duty as described in division (A)(3)(c) of this section during the	1590
current or a prior reporting period. The licensee shall submit	1591
proper documentation certifying the active duty service and the	1592
length of that active duty service. Upon receiving the application	1593
and proper documentation, the licensing agency shall extend the	1594
current reporting period by an amount of time equal to the total	1595
number of months that the licensee spent on active duty during the	1596
current reporting period. For purposes of this division, any	1597
portion of a month served on active duty shall be considered one	1598
full month.	1599

Sec. 5903.121. A "licensing agency," as defined in section	1600
5903.12 of the Revised Code, shall consider relevant education,	1601
training, or service completed by a licensee as a member of the	1602
armed forces of the United States or reserve components thereof,	1603
the Ohio national guard, the Ohio military reserve, the Ohio naval	1604
militia, or the national guard of any other state in determining	1605
whether a licensee has fulfilled required continuing education.	1606

Sec. 5903.15.  (A) As used in this section "employer" means	1607
any person who has one or more employees. "Employer" includes an	1608
agent of an employer but does not include the state or any agency	1609
or instrumentality of the state, and any municipal corporation,	1610
county, township, school district, or other political subdivision	1611
or any agency or instrumentality thereof.	1612

(B) An employer may adopt a policy to provide a preference	1613
for employment decisions, including hiring, promotion, or	1614
retention during a reduction in force, to a member, veteran, or	1615
the spouse or a surviving spouse of a member or veteran.	1616

(C) A preference provided under division (B) of this section	1617
is not a violation of any state or local equal employment	1618
opportunity law. The unlawful discriminatory practices as defined	1619
in section 4112.02 of the Revised Code do not make it unlawful for	1620
an employer implementing a policy under this section to obtain	1621
information about an applicant's military status for the purpose	1622
of determining if the applicant is eligible for the preference	1623
provided under this policy.	1624

(D) If an employer elects to adopt a policy described in	1625
division (B) of this section, the employer shall notify the Ohio	1626
department of job and family services. The department shall	1627
maintain a registry of employers that have a voluntary veterans'	1628
preference employment policy as described in this section, which	1629
shall be available to the public on the web site maintained by the	1630
department.	1631

Sec. 5907.01. (A) As used in this chapter:

1632

(1) "Armed forces of the United States" has the same meaning	1633
as in section 5903.11 of the Revised Codemeans the army, air	1634
force, navy, marine corps, coast guard, and any other military	1635
service branch that is designated by congress as a part of the	1636
armed forces of the United States.	1637

(2) "Domiciliary" means a separate area within the Ohio	1638
veterans' home providing domiciliary care.	1639

(3) "Domiciliary care" means providing shelter, food, and	1640
necessary medical care on an ambulatory self-care basis to	1641
eligible veterans who do not need the nursing services provided in	1642
nursing homes.	1643

(4) "Nursing home" has the same meaning as in section 3721.01	1644
of the Revised Code.	1645

(5) "Veteran" has the same meaning as in section 5901.01 of	1646
the Revised Code.	1647

(B) There are hereby established the Ohio veterans' homes	1648
within the department of veterans services. The department shall	1649
maintain and operate state veterans' homes as administered under	1650
the state veterans' home programs defined in Title 38 of the	1651
United States Code.	1652

Sec. 5907.04. SubjectAs used in this section, "armed forces	1653
of the United States" means the army, air force, navy, marine	1654
corps, coast guard, and any other military service branch that is	1655
designated by congress as a part of the armed forces of the United	1656
States.	1657

Subject to the following paragraph, all veterans, who served	1658
during a period of conflict as determined by the United States	1659
department of veterans affairs or any person who is awarded either	1660
the armed forces expeditionary medal established by presidential	1661
executive order 10977 dated December 4, 1961, or the Vietnam	1662
service medal established by presidential executive order 11231	1663
dated July 8, 1965, who have been honorably discharged or	1664
separated under honorable conditions therefrom, or any discharged	1665
members of the Polish and Czechoslovakian armed forces who served	1666
in armed conflict with an enemy of the United States in World War	1667
II who have been citizens of the United States for at least ten	1668
years, provided that the above-mentioned persons have been	1669
citizens of this state for one year or more at the date of making	1670
application for admission, are disabled by disease, wounds, or	1671
otherwise, and are by reason of such disability incapable of	1672
earning their living, and all members of the Ohio national guard	1673
or naval militia who have lost an arm or leg, or their sight, or	1674
become permanently disabled from any cause, while in the line and	1675
discharge of duty, and are not able to support themselves, may be	1676
admitted to a veterans' home under such rules as the director of	1677
veterans services adopts.	1678

A veteran who served in the armed forces of the United States	1679
as defined in division (E)(7) of section 5903.11 of the Revised	1680
Code is eligible for admission to a veterans' home under the	1681
preceding paragraph only if the person has the characteristics	1682
defined in division (B)(1) of section 5901.01 of the Revised Code.	1683

Veterans' homes may reserve a bed during the temporary	1684
absence of a resident or patient from the home, including a	1685
nursing home within it, under conditions prescribed by the	1686
director, to include hospitalization for an acute condition,	1687
visits with relatives and friends, and participation in	1688
therapeutic programs outside the home. A home shall not reserve a	1689
bed for more than thirty days, except that absences for more than	1690
thirty days due to hospitalization may be authorized.	1691

Section 2.  That existing sections 2913.01, 2913.02, 2913.43,	1692
2913.49, 2913.61, 4729.12, 4729.13, 4729.15, 4731.36, 4743.04,	1693
5902.02, 5903.03, 5903.10, 5903.11, 5903.12, 5903.121, 5907.01,	1694
and 5907.04 of the Revised Code are hereby repealed.	1695

Section 3.  The Director of Veterans Services shall implement	1696
divisions (BB) to (EE) of section 5902.02 of the Revised Code not	1697
later than December 31, 2014.	1698

Section 4.  A licensing agency that is required to adopt	1699
rules under section 5903.04 of the Revised Code shall adopt	1700
initial rules not later than December 31, 2014.	1701

Section 5. State agencies that are required to apply for	1702
approval to the State Approving Agency at the Ohio Department of	1703
Veterans Services under section 5903.05 of the Revised Code shall	1704
do so initially not later than December 31, 2014.	1705

Section 6.  Section 4731.36 of the Revised Code is presented	1706
in this act as a composite of the section as amended by both Sub.	1707
H.B. 251 and Sub. S.B. 141 of the 129th General Assembly. The	1708
General Assembly, applying the principle stated in division (B) of	1709
section 1.52 of the Revised Code that amendments are to be	1710
harmonized if reasonably capable of simultaneous operation, finds	1711
that the composite is the resulting version of the section in	1712
effect prior to the effective date of the section as presented in	1713
this act.	1714