Bill Text: OH HB488 | 2013-2014 | 130th General Assembly | Engrossed

Ohio House Bill 488 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: To require state institutions of higher education to award credit for military training, to increase penalties for certain theft, deception, and identity fraud offenses when the victim is an active duty service member, to allow for a civil action for victims of identity fraud, to make other changes regarding state support and benefits for veterans and their spouses, and to clarify membership in the State Teachers Retirement System.

Spectrum: Slight Partisan Bill (Republican 67-37)

Status: (Passed) 2014-09-16 - Effective Date [HB488 Detail]

Download: Ohio-2013-HB488-Engrossed.html

As Passed by the Senate

130th General Assembly

Regular Session

2013-2014

Am. 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
Senators Tavares, Brown, LaRose, Schaffer, Uecker, Balderson, Beagle, Burke, Coley, Eklund, Faber, Gardner, Gentile, Hite, Hughes, Jones, Jordan, Kearney, Manning, Obhof, Oelslager, Patton, Peterson, Sawyer, Schiavoni, Seitz, Turner, Widener

A BILL

To amend sections 1306.20, 2913.01, 2913.02, 2913.43,

2913.49, 2913.61, 3307.01, 3333.28, 4729.12,

4729.13, 4729.15, 4731.36, 4743.04, 5902.02,

5903.03, 5903.10, 5903.11, 5903.12, 5903.121,

5907.01, and 5907.04 and to enact sections

2305.112, 2307.611, 3333.164, 3345.42, 3345.421,

3345.422, 3345.423, 3345.424, 5903.01, 5903.04,

5903.05, and 5903.15 of the Revised Code to

require state institutions of higher education to

award credit for military training, to increase

penalties for certain theft, deception, and

identity fraud offenses when the victim is an

active duty service member, to allow for a civil

action for victims of identity fraud, to make

other changes regarding state support and benefits

for veterans and their spouses, and to clarify

membership in the State Teachers Retirement

System.

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

Section 1. That sections 1306.20, 2913.01, 2913.02, 2913.43,	19
2913.49, 2913.61, 3307.01, 3333.28, 4729.12, 4729.13, 4729.15,	20
4731.36, 4743.04, 5902.02, 5903.03, 5903.10, 5903.11, 5903.12,	21
5903.121, 5907.01, and 5907.04 be amended and sections 2305.112,	22
2307.611, 3333.164, 3345.42, 3345.421, 3345.422, 3345.423,	23
3345.424, 5903.01, 5903.04, 5903.05, and 5903.15 of the Revised	24
Code be enacted to read as follows:	25

Sec. 1306.20. (A) Subject to section 1306.11 of the Revised	26
Code, each state agency shall determine if, and the extent to	27
which, it will send and receive electronic records and electronic	28
signatures to and from other persons and otherwise create,	29
generate, communicate, store, process, use, and rely upon	30
electronic records and electronic signatures.	31

(B)(1) Subject to division (B)(2) of this section, a state	32
agency may waive a requirement in the Revised Code, other than a	33
requirement in sections 1306.01 to 1306.15 of the Revised Code,	34
that relates to any of the following:	35

(a) The method of posting or displaying records;

(b) The manner of sending, communicating, or transmitting	37
records;	38

(2) A state agency may exercise its authority to waive a	40
requirement under division (B)(1) of this section only if the	41
following apply:	42

(a) The requirement relates to a matter over which the state	43
agency has jurisdiction;	44

(b) The waiver is consistent with criteria set forth in rules	45
adopted by the state agency. The criteria, to the extent	46
reasonable under the circumstances, shall contain standards to	47
facilitate the use of electronic commerce by persons under the	48
jurisdiction of the state agency consistent with rules adopted by	49
the department of administrative services pursuant to division (A)	50
of section 1306.21 of the Revised Code.	51

(C) If a state agency creates, uses, receives, or retains	52
electronic records, both of the following apply:	53

(1) Any rules adopted by a state agency relating to	54
electronic records shall be consistent with rules adopted by the	55
department of administrative services pursuant to division (A) of	56
section 1306.21 of the Revised Code.	57

(2) Each state agency shall create, use, receive, and retain	58
electronic records in accordance with section 149.40 of the	59
Revised Code.	60

(D) If a state agency creates, uses, or receives electronic	61
signatures, the state agency shall create, use, or receive the	62
signatures in accordance with rules adopted by the department of	63
administrative services pursuant to division (A) of section	64
1306.21 of the Revised Code.	65

(E)(1) To the extent a state agency retains an electronic	66
record, the state agency may retain a record in a format that is	67
different from the format in which the record was originally	68
created, used, sent, or received only if it can be demonstrated	69
that the alternative format used accurately and completely	70
reflects the record as it was originally created, used, sent, or	71
received.	72

(2) If a state agency in retaining any set of electronic	73
records pursuant to division (E)(1) of this section alters the	74
format of the records, the state agency shall create a certificate	75
of authenticity for each set of records that is altered.	76

(3) The department of administrative services, in	77
consultation with the state archivist, shall adopt rules in	78
accordance with section 111.15 of the Revised Code that establish	79
the methods for creating certificates of authenticity pursuant to	80
division (E)(2) of this section.	81

(F) Whenever any rule of law requires or authorizes the	82
filing of any information, notice, lien, or other document or	83
record with any state agency, a filing made by an electronic	84
record shall have the same force and effect as a filing made on	85
paper in all cases where the state agency has authorized or agreed	86
to such electronic filing and the filing is made in accordance	87
with applicable rules or agreement.	88

(G) Nothing in sections 1306.01 to 1306.23 of the Revised	89
Code shall be construed to require any state agency to use or	90
permit the use of electronic records and electronic signatures.	91

(H)(1) Notwithstanding division (C)(1) or (D) of this	92
section, any state agency that, prior to ~~the effective date of~~	93
~~this section~~September 14, 2000, used or permitted the use of	94
electronic records or electronic signatures pursuant to laws	95
enacted, rules adopted, or agency policies adopted before ~~the~~	96
~~effective date of this section~~September 14, 2000, may use or	97
permit the use of electronic records or electronic signatures	98
pursuant to those previously enacted laws, adopted rules, or	99
adopted policies for a period of two years after ~~the effective~~	100
~~date of this section~~September 14, 2000.	101

(2) Subject to division (H)(3) of this section, after the	102
two-year period described in division (H)(1) of this section has	103
concluded, all state agencies that use or permit the use of	104
electronic records or electronic signatures before ~~the effective~~	105
~~date of this section~~September 14, 2000, shall only use or permit	106
the use of electronic records or electronic signatures consistent	107
with rules adopted by the department of administrative services	108
pursuant to division (A) of section 1306.21 of the Revised Code.	109

(3) After the two-year period described in division (H)(1) of	110
this section has concluded, the department of administrative	111
services may permit a state agency to use electronic records or	112
electronic signatures that do not comply with division (H)(2) of	113
this section, if the state agency files a written request with the	114
department.	115

(I) For the purposes of this section, "state agency" means	116
every organized body, office, or agency established by the laws of	117
the state for the exercise of any function of state government,	118
but does not include the general assembly, any legislative agency,	119
the supreme court, the other courts of record in this state, or	120
any judicial agency, or any state university identified in section	121
3345.011 of the Revised Code, or the northeast Ohio medical	122
university.	123

(J) A state university identified in section 3345.011 of the	124
Revised Code, and the northeast Ohio medical university, that uses	125
or permits the use of electronic records or electronic signatures	126
on the effective date of this amendment, shall, within six months	127
after the effective date of this amendment, adopt rules in	128
accordance with section 111.15 of the Revised Code to provide for	129
the use or permission to use electronic records or electronic	130
signatures. A state university identified in section 3345.011 of	131
the Revised Code, and the northeast Ohio medical university, if	132
not using or permitting the use of electronic records or	133
electronic signatures on the effective date of this amendment,	134
shall adopt rules in accordance with section 111.15 of the Revised	135
Code when it elects to begin using or permitting the use of	136
electronic records or electronic signatures.	137

Sec. 2305.112. A civil action brought pursuant to division	138
(A) of section 2307.60 of the Revised Code when the person filing	139
the action is injured in person or property by a violation of	140
division (B), (D), or (E) of section 2913.49 of the Revised Code	141
shall be commenced within five years from the date on which the	142
identity of the offender was discovered or reasonably should have	143
been discovered.	144

Sec. 2307.611. A person who brings a civil action pursuant	145
to division (A) of section 2307.60 of the Revised Code to recover	146
damages from any person who caused injury to person or property by	147
a violation of division (B), (D), or (E) of section 2913.49 of the	148
Revised Code may recover damages up to five thousand dollars for	149
each violation or three times the amount of actual damages,	150
whichever is greater, and reasonable attorney's fees.	151

Sec. 2913.01. As used in this chapter, unless the context	152
requires that a term be given a different meaning:	153

(A) "Deception" means knowingly deceiving another or causing	154
another to be deceived by any false or misleading representation,	155
by withholding information, by preventing another from acquiring	156
information, or by any other conduct, act, or omission that	157
creates, confirms, or perpetuates a false impression in another,	158
including a false impression as to law, value, state of mind, or	159
other objective or subjective fact.	160

(B) "Defraud" means to knowingly obtain, by deception, some	161
benefit for oneself or another, or to knowingly cause, by	162
deception, some detriment to another.	163

164

(1) Withhold property of another permanently, or for a period	165
that appropriates a substantial portion of its value or use, or	166
with purpose to restore it only upon payment of a reward or other	167
consideration;	168

(2) Dispose of property so as to make it unlikely that the	169
owner will recover it;	170

(3) Accept, use, or appropriate money, property, or services,	171
with purpose not to give proper consideration in return for the	172
money, property, or services, and without reasonable justification	173
or excuse for not giving proper consideration.	174

(D) "Owner" means, unless the context requires a different	175
meaning, any person, other than the actor, who is the owner of,	176
who has possession or control of, or who has any license or	177
interest in property or services, even though the ownership,	178
possession, control, license, or interest is unlawful.	179

(E) "Services" include labor, personal services, professional	180
services, rental services, public utility services including	181
wireless service as defined in division (F)(1) of section 128.01	182
of the Revised Code, common carrier services, and food, drink,	183
transportation, entertainment, and cable television services and,	184
for purposes of section 2913.04 of the Revised Code, include cable	185
services as defined in that section.	186

(F) "Writing" means any computer software, document, letter,	187
memorandum, note, paper, plate, data, film, or other thing having	188
in or upon it any written, typewritten, or printed matter, and any	189
token, stamp, seal, credit card, badge, trademark, label, or other	190
symbol of value, right, privilege, license, or identification.	191

(G) "Forge" means to fabricate or create, in whole or in part	192
and by any means, any spurious writing, or to make, execute,	193
alter, complete, reproduce, or otherwise purport to authenticate	194
any writing, when the writing in fact is not authenticated by that	195
conduct.	196

(H) "Utter" means to issue, publish, transfer, use, put or	197
send into circulation, deliver, or display.	198

(I) "Coin machine" means any mechanical or electronic device	199
designed to do both of the following:	200

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

201

(2) In return for the insertion or deposit of a coin, bill,	202
or token, automatically dispense property, provide a service, or	203
grant a license.	204

(J) "Slug" means an object that, by virtue of its size,	205
shape, composition, or other quality, is capable of being inserted	206
or deposited in a coin machine as an improper substitute for a	207
genuine coin, bill, or token made for that purpose.	208

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

209

(1) A violation of section 2911.01, 2911.02, 2911.11,	210
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	211
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	212
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	213
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	214
2913.51, 2915.05, or 2921.41 of the Revised Code;	215

(2) A violation of an existing or former municipal ordinance	216
or law of this or any other state, or of the United States,	217
substantially equivalent to any section listed in division (K)(1)	218
of this section or a violation of section 2913.41, 2913.81, or	219
2915.06 of the Revised Code as it existed prior to July 1, 1996;	220

(3) An offense under an existing or former municipal	221
ordinance or law of this or any other state, or of the United	222
States, involving robbery, burglary, breaking and entering, theft,	223
embezzlement, wrongful conversion, forgery, counterfeiting,	224
deceit, or fraud;	225

(4) A conspiracy or attempt to commit, or complicity in	226
committing, any offense under division (K)(1), (2), or (3) of this	227
section.	228

(L) "Computer services" includes, but is not limited to, the	229
use of a computer system, computer network, computer program, data	230
that is prepared for computer use, or data that is contained	231
within a computer system or computer network.	232

(M) "Computer" means an electronic device that performs	233
logical, arithmetic, and memory functions by the manipulation of	234
electronic or magnetic impulses. "Computer" includes, but is not	235
limited to, all input, output, processing, storage, computer	236
program, or communication facilities that are connected, or	237
related, in a computer system or network to an electronic device	238
of that nature.	239

(N) "Computer system" means a computer and related devices,	240
whether connected or unconnected, including, but not limited to,	241
data input, output, and storage devices, data communications	242
links, and computer programs and data that make the system capable	243
of performing specified special purpose data processing tasks.	244

(O) "Computer network" means a set of related and remotely	245
connected computers and communication facilities that includes	246
more than one computer system that has the capability to transmit	247
among the connected computers and communication facilities through	248
the use of computer facilities.	249

(P) "Computer program" means an ordered set of data	250
representing coded instructions or statements that, when executed	251
by a computer, cause the computer to process data.	252

(Q) "Computer software" means computer programs, procedures,	253
and other documentation associated with the operation of a	254
computer system.	255

(R) "Data" means a representation of information, knowledge,	256
facts, concepts, or instructions that are being or have been	257
prepared in a formalized manner and that are intended for use in a	258
computer, computer system, or computer network. For purposes of	259
section 2913.47 of the Revised Code, "data" has the additional	260
meaning set forth in division (A) of that section.	261

(S) "Cable television service" means any services provided by	262
or through the facilities of any cable television system or other	263
similar closed circuit coaxial cable communications system, or any	264
microwave or similar transmission service used in connection with	265
any cable television system or other similar closed circuit	266
coaxial cable communications system.	267

(T) "Gain access" means to approach, instruct, communicate	268
with, store data in, retrieve data from, or otherwise make use of	269
any resources of a computer, computer system, or computer network,	270
or any cable service or cable system both as defined in section	271
2913.04 of the Revised Code.	272

(U) "Credit card" includes, but is not limited to, a card,	273
code, device, or other means of access to a customer's account for	274
the purpose of obtaining money, property, labor, or services on	275
credit, or for initiating an electronic fund transfer at a	276
point-of-sale terminal, an automated teller machine, or a cash	277
dispensing machine. It also includes a county procurement card	278
issued under section 301.29 of the Revised Code.	279

(V) "Electronic fund transfer" has the same meaning as in 92	280
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	281

(W) "Rented property" means personal property in which the	282
right of possession and use of the property is for a short and	283
possibly indeterminate term in return for consideration; the	284
rentee generally controls the duration of possession of the	285
property, within any applicable minimum or maximum term; and the	286
amount of consideration generally is determined by the duration of	287
possession of the property.	288

(X) "Telecommunication" means the origination, emission,	289
dissemination, transmission, or reception of data, images,	290
signals, sounds, or other intelligence or equivalence of	291
intelligence of any nature over any communications system by any	292
method, including, but not limited to, a fiber optic, electronic,	293
magnetic, optical, digital, or analog method.	294

(Y) "Telecommunications device" means any instrument,	295
equipment, machine, or other device that facilitates	296
telecommunication, including, but not limited to, a computer,	297
computer network, computer chip, computer circuit, scanner,	298
telephone, cellular telephone, pager, personal communications	299
device, transponder, receiver, radio, modem, or device that	300
enables the use of a modem.	301

(Z) "Telecommunications service" means the providing,	302
allowing, facilitating, or generating of any form of	303
telecommunication through the use of a telecommunications device	304
over a telecommunications system.	305

(AA) "Counterfeit telecommunications device" means a	306
telecommunications device that, alone or with another	307
telecommunications device, has been altered, constructed,	308
manufactured, or programmed to acquire, intercept, receive, or	309
otherwise facilitate the use of a telecommunications service or	310
information service without the authority or consent of the	311
provider of the telecommunications service or information service.	312
"Counterfeit telecommunications device" includes, but is not	313
limited to, a clone telephone, clone microchip, tumbler telephone,	314
or tumbler microchip; a wireless scanning device capable of	315
acquiring, intercepting, receiving, or otherwise facilitating the	316
use of telecommunications service or information service without	317
immediate detection; or a device, equipment, hardware, or software	318
designed for, or capable of, altering or changing the electronic	319
serial number in a wireless telephone.	320

(BB)(1) "Information service" means, subject to division	321
(BB)(2) of this section, the offering of a capability for	322
generating, acquiring, storing, transforming, processing,	323
retrieving, utilizing, or making available information via	324
telecommunications, including, but not limited to, electronic	325
publishing.	326

(2) "Information service" does not include any use of a	327
capability of a type described in division (BB)(1) of this section	328
for the management, control, or operation of a telecommunications	329
system or the management of a telecommunications service.	330

(CC) "Elderly person" means a person who is sixty-five years	331
of age or older.	332

(DD) "Disabled adult" means a person who is eighteen years of	333
age or older and has some impairment of body or mind that makes	334
the person unable to work at any substantially remunerative	335
employment that the person otherwise would be able to perform and	336
that will, with reasonable probability, continue for a period of	337
at least twelve months without any present indication of recovery	338
from the impairment, or who is eighteen years of age or older and	339
has been certified as permanently and totally disabled by an	340
agency of this state or the United States that has the function of	341
so classifying persons.	342

(EE) "Firearm" and "dangerous ordnance" have the same	343
meanings as in section 2923.11 of the Revised Code.	344

(FF) "Motor vehicle" has the same meaning as in section	345
4501.01 of the Revised Code.	346

(GG) "Dangerous drug" has the same meaning as in section	347
4729.01 of the Revised Code.	348

(HH) "Drug abuse offense" has the same meaning as in section	349
2925.01 of the Revised Code.	350

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

351

(a) Gaining access or attempting to gain access to all or	352
part of a computer, computer system, or a computer network without	353
express or implied authorization with the intent to defraud or	354
with intent to commit a crime;	355

(b) Misusing computer or network services including, but not	356
limited to, mail transfer programs, file transfer programs, proxy	357
servers, and web servers by performing functions not authorized by	358
the owner of the computer, computer system, or computer network or	359
other person authorized to give consent. As used in this division,	360
"misuse of computer and network services" includes, but is not	361
limited to, the unauthorized use of any of the following:	362

(i) Mail transfer programs to send mail to persons other than	363
the authorized users of that computer or computer network;	364

(ii) File transfer program proxy services or proxy servers to	365
access other computers, computer systems, or computer networks;	366

(iii) Web servers to redirect users to other web pages or web	367
servers.	368

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	369
using a group of computer programs commonly known as "port	370
scanners" or "probes" to intentionally access any computer,	371
computer system, or computer network without the permission of the	372
owner of the computer, computer system, or computer network or	373
other person authorized to give consent. The group of computer	374
programs referred to in this division includes, but is not limited	375
to, those computer programs that use a computer network to access	376
a computer, computer system, or another computer network to	377
determine any of the following: the presence or types of computers	378
or computer systems on a network; the computer network's	379
facilities and capabilities; the availability of computer or	380
network services; the presence or versions of computer software	381
including, but not limited to, operating systems, computer	382
services, or computer contaminants; the presence of a known	383
computer software deficiency that can be used to gain unauthorized	384
access to a computer, computer system, or computer network; or any	385
other information about a computer, computer system, or computer	386
network not necessary for the normal and lawful operation of the	387
computer initiating the access.	388

(ii) The group of computer programs referred to in division	389
(II)(1)(c)(i) of this section does not include standard computer	390
software used for the normal operation, administration,	391
management, and test of a computer, computer system, or computer	392
network including, but not limited to, domain name services, mail	393
transfer services, and other operating system services, computer	394
programs commonly called "ping," "tcpdump," and "traceroute" and	395
other network monitoring and management computer software, and	396
computer programs commonly known as "nslookup" and "whois" and	397
other systems administration computer software.	398

(d) The intentional use of a computer, computer system, or a	399
computer network in a manner that exceeds any right or permission	400
granted by the owner of the computer, computer system, or computer	401
network or other person authorized to give consent.	402

(2) "Computer hacking" does not include the introduction of a	403
computer contaminant, as defined in section 2909.01 of the Revised	404
Code, into a computer, computer system, computer program, or	405
computer network.	406

(JJ) "Police dog or horse" has the same meaning as in section	407
2921.321 of the Revised Code.	408

(KK) "Anhydrous ammonia" is a compound formed by the	409
combination of two gaseous elements, nitrogen and hydrogen, in the	410
manner described in this division. Anhydrous ammonia is one part	411
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	412
weight is fourteen parts nitrogen to three parts hydrogen, which	413
is approximately eighty-two per cent nitrogen to eighteen per cent	414
hydrogen.	415

(LL) "Assistance dog" has the same meaning as in section	416
955.011 of the Revised Code.	417

(MM) "Federally licensed firearms dealer" has the same	418
meaning as in section 5502.63 of the Revised Code.	419

(NN) "Active duty service member" means any member of the	420
armed forces of the United States performing active duty under	421
title 10 of the United States Code.	422

Sec. 2913.02. (A) No person, with purpose to deprive the	423
owner of property or services, shall knowingly obtain or exert	424
control over either the property or services in any of the	425
following ways:	426

(1) Without the consent of the owner or person authorized to	427
give consent;	428

(2) Beyond the scope of the express or implied consent of the	429
owner or person authorized to give consent;	430

(3) By deception;

431

(4) By threat;

432

(5) By intimidation.

433

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

434

(2) Except as otherwise provided in this division or division	435
(B)(3), (4), (5), (6), (7), (8), or (9) of this section, a	436
violation of this section is petty theft, a misdemeanor of the	437
first degree. If the value of the property or services stolen is	438
one thousand dollars or more and is less than seven thousand five	439
hundred dollars or if the property stolen is any of the property	440
listed in section 2913.71 of the Revised Code, a violation of this	441
section is theft, a felony of the fifth degree. If the value of	442
the property or services stolen is seven thousand five hundred	443
dollars or more and is less than one hundred fifty thousand	444
dollars, a violation of this section is grand theft, a felony of	445
the fourth degree. If the value of the property or services stolen	446
is one hundred fifty thousand dollars or more and is less than	447
seven hundred fifty thousand dollars, a violation of this section	448
is aggravated theft, a felony of the third degree. If the value of	449
the property or services is seven hundred fifty thousand dollars	450
or more and is less than one million five hundred thousand	451
dollars, a violation of this section is aggravated theft, a felony	452
of the second degree. If the value of the property or services	453
stolen is one million five hundred thousand dollars or more, a	454
violation of this section is aggravated theft of one million five	455
hundred thousand dollars or more, a felony of the first degree.	456

(3) Except as otherwise provided in division (B)(4), (5),	457
(6), (7), (8), or (9) of this section, if the victim of the	458
offense is an elderly person or, disabled adult, active duty	459
service member, or spouse of an active duty service member, a	460
violation of this section is theft from ~~an elderly~~a person or	461
~~disabled adult~~in a protected class, and division (B)(3) of this	462
section applies. Except as otherwise provided in this division,	463
theft from ~~an elderly~~a person ~~or disabled adult~~in a protected	464
class is a felony of the fifth degree. If the value of the	465
property or services stolen is one thousand dollars or more and is	466
less than seven thousand five hundred dollars, theft from an	467
~~elderly~~a person ~~or disabled adult~~in a protected class is a	468
felony of the fourth degree. If the value of the property or	469
services stolen is seven thousand five hundred dollars or more and	470
is less than thirty-seven thousand five hundred dollars, theft	471
from ~~an elderly~~a person ~~or disabled adult~~in a protected class is	472
a felony of the third degree. If the value of the property or	473
services stolen is thirty-seven thousand five hundred dollars or	474
more and is less than one hundred fifty thousand dollars, theft	475
from ~~an elderly~~a person ~~or disabled adult~~in a protected class is	476
a felony of the second degree. If the value of the property or	477
services stolen is one hundred fifty thousand dollars or more,	478
theft from ~~an elderly~~a person ~~or disabled adult~~in a protected	479
class is a felony of the first degree.	480

(4) If the property stolen is a firearm or dangerous	481
ordnance, a violation of this section is grand theft. Except as	482
otherwise provided in this division, grand theft when the property	483
stolen is a firearm or dangerous ordnance is a felony of the third	484
degree, and there is a presumption in favor of the court imposing	485
a prison term for the offense. If the firearm or dangerous	486
ordnance was stolen from a federally licensed firearms dealer,	487
grand theft when the property stolen is a firearm or dangerous	488
ordnance is a felony of the first degree. The offender shall serve	489
a prison term imposed for grand theft when the property stolen is	490
a firearm or dangerous ordnance consecutively to any other prison	491
term or mandatory prison term previously or subsequently imposed	492
upon the offender.	493

(5) If the property stolen is a motor vehicle, a violation of	494
this section is grand theft of a motor vehicle, a felony of the	495
fourth degree.	496

(6) If the property stolen is any dangerous drug, a violation	497
of this section is theft of drugs, a felony of the fourth degree,	498
or, if the offender previously has been convicted of a felony drug	499
abuse offense, a felony of the third degree.	500

(7) If the property stolen is a police dog or horse or an	501
assistance dog and the offender knows or should know that the	502
property stolen is a police dog or horse or an assistance dog, a	503
violation of this section is theft of a police dog or horse or an	504
assistance dog, a felony of the third degree.	505

(8) If the property stolen is anhydrous ammonia, a violation	506
of this section is theft of anhydrous ammonia, a felony of the	507
third degree.	508

(9) Except as provided in division (B)(2) of this section	509
with respect to property with a value of seven thousand five	510
hundred dollars or more and division (B)(3) of this section with	511
respect to property with a value of one thousand dollars or more,	512
if the property stolen is a special purpose article as defined in	513
section 4737.04 of the Revised Code or is a bulk merchandise	514
container as defined in section 4737.012 of the Revised Code, a	515
violation of this section is theft of a special purpose article or	516
articles or theft of a bulk merchandise container or containers, a	517
felony of the fifth degree.	518

(10) In addition to the penalties described in division	519
(B)(2) of this section, if the offender committed the violation by	520
causing a motor vehicle to leave the premises of an establishment	521
at which gasoline is offered for retail sale without the offender	522
making full payment for gasoline that was dispensed into the fuel	523
tank of the motor vehicle or into another container, the court may	524
do one of the following:	525

(a) Unless division (B)(10)(b) of this section applies,	526
suspend for not more than six months the offender's driver's	527
license, probationary driver's license, commercial driver's	528
license, temporary instruction permit, or nonresident operating	529
privilege;	530

(b) If the offender's driver's license, probationary driver's	531
license, commercial driver's license, temporary instruction	532
permit, or nonresident operating privilege has previously been	533
suspended pursuant to division (B)(10)(a) of this section, impose	534
a class seven suspension of the offender's license, permit, or	535
privilege from the range specified in division (A)(7) of section	536
4510.02 of the Revised Code, provided that the suspension shall be	537
for at least six months.	538

(c) The court, in lieu of suspending the offender's driver's	539
or commercial driver's license, probationary driver's license,	540
temporary instruction permit, or nonresident operating privilege	541
pursuant to division (B)(10)(a) or (b) of this section, instead	542
may require the offender to perform community service for a number	543
of hours determined by the court.	544

(11) In addition to the penalties described in division	545
(B)(2) of this section, if the offender committed the violation by	546
stealing rented property or rental services, the court may order	547
that the offender make restitution pursuant to section 2929.18 or	548
2929.28 of the Revised Code. Restitution may include, but is not	549
limited to, the cost of repairing or replacing the stolen	550
property, or the cost of repairing the stolen property and any	551
loss of revenue resulting from deprivation of the property due to	552
theft of rental services that is less than or equal to the actual	553
value of the property at the time it was rented. Evidence of	554
intent to commit theft of rented property or rental services shall	555
be determined pursuant to the provisions of section 2913.72 of the	556
Revised Code.	557

(C) The sentencing court that suspends an offender's license,	558
permit, or nonresident operating privilege under division (B)(10)	559
of this section may grant the offender limited driving privileges	560
during the period of the suspension in accordance with Chapter	561
4510. of the Revised Code.	562

Sec. 2913.43. (A) No person, by deception, shall cause	563
another to execute any writing that disposes of or encumbers	564
property, or by which a pecuniary obligation is incurred.	565

(B)(1) Whoever violates this section is guilty of securing	566
writings by deception.	567

(2) Except as otherwise provided in this division or division	568
(B)(3) of this section, securing writings by deception is a	569
misdemeanor of the first degree. If the value of the property or	570
the obligation involved is one thousand dollars or more and less	571
than seven thousand five hundred dollars, securing writings by	572
deception is a felony of the fifth degree. If the value of the	573
property or the obligation involved is seven thousand five hundred	574
dollars or more and is less than one hundred fifty thousand	575
dollars, securing writings by deception is a felony of the fourth	576
degree. If the value of the property or the obligation involved is	577
one hundred fifty thousand dollars or more, securing writings by	578
deception is a felony of the third degree.	579

(3) If the victim of the offense is an elderly person or,	580
disabled adult, active duty service member, or spouse of an active	581
duty service member, division (B)(3) of this section applies.	582
Except as otherwise provided in division (B)(3) of this section,	583
securing writings by deception is a felony of the fifth degree. If	584
the value of the property or obligation involved is one thousand	585
dollars or more and is less than seven thousand five hundred	586
dollars, securing writings by deception is a felony of the fourth	587
degree. If the value of the property or obligation involved is	588
seven thousand five hundred dollars or more and is less than	589
thirty-seven thousand five hundred dollars, securing writings by	590
deception is a felony of the third degree. If the value of the	591
property or obligation involved is thirty-seven thousand five	592
hundred dollars or more, securing writings by deception is a	593
felony of the second degree.	594

Sec. 2913.49. (A) As used in this section, "personal	595
identifying information" includes, but is not limited to, the	596
following: the name, address, telephone number, driver's license,	597
driver's license number, commercial driver's license, commercial	598
driver's license number, state identification card, state	599
identification card number, social security card, social security	600
number, birth certificate, place of employment, employee	601
identification number, mother's maiden name, demand deposit	602
account number, savings account number, money market account	603
number, mutual fund account number, other financial account	604
number, personal identification number, password, or credit card	605
number of a living or dead individual.	606

(B) No person, without the express or implied consent of the	607
other person, shall use, obtain, or possess any personal	608
identifying information of another person with intent to do either	609
of the following:	610

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

611

(2) Represent the other person's personal identifying	612
information as the person's own personal identifying information.	613

(C) No person shall create, obtain, possess, or use the	614
personal identifying information of any person with the intent to	615
aid or abet another person in violating division (B) of this	616
section.	617

(D) No person, with intent to defraud, shall permit another	618
person to use the person's own personal identifying information.	619

(E) No person who is permitted to use another person's	620
personal identifying information as described in division (D) of	621
this section shall use, obtain, or possess the other person's	622
personal identifying information with intent to defraud any person	623
by doing any act identified in division (B)(1) or (2) of this	624
section.	625

(F)(1) It is an affirmative defense to a charge under	626
division (B) of this section that the person using the personal	627
identifying information is acting in accordance with a legally	628
recognized guardianship or conservatorship or as a trustee or	629
fiduciary.	630

(2) It is an affirmative defense to a charge under division	631
(B), (C), (D), or (E) of this section that either of the following	632
applies:	633

(a) The person or entity using, obtaining, possessing, or	634
creating the personal identifying information or permitting it to	635
be used is a law enforcement agency, authorized fraud personnel,	636
or a representative of or attorney for a law enforcement agency or	637
authorized fraud personnel and is using, obtaining, possessing, or	638
creating the personal identifying information or permitting it to	639
be used, with prior consent given as specified in this division,	640
in a bona fide investigation, an information security evaluation,	641
a pretext calling evaluation, or a similar matter. The prior	642
consent required under this division shall be given by the person	643
whose personal identifying information is being used, obtained,	644
possessed, or created or is being permitted to be used or, if the	645
person whose personal identifying information is being used,	646
obtained, possessed, or created or is being permitted to be used	647
is deceased, by that deceased person's executor, or a member of	648
that deceased person's family, or that deceased person's attorney.	649
The prior consent required under this division may be given orally	650
or in writing by the person whose personal identifying information	651
is being used, obtained, possessed, or created or is being	652
permitted to be used or that person's executor, or family member,	653
or attorney.	654

(b) The personal identifying information was obtained,	655
possessed, used, created, or permitted to be used for a lawful	656
purpose, provided that division (F)(2)(b) of this section does not	657
apply if the person or entity using, obtaining, possessing, or	658
creating the personal identifying information or permitting it to	659
be used is a law enforcement agency, authorized fraud personnel,	660
or a representative of or attorney for a law enforcement agency or	661
authorized fraud personnel that is using, obtaining, possessing,	662
or creating the personal identifying information or permitting it	663
to be used in an investigation, an information security	664
evaluation, a pretext calling evaluation, or similar matter.	665

(G) It is not a defense to a charge under this section that	666
the person whose personal identifying information was obtained,	667
possessed, used, created, or permitted to be used was deceased at	668
the time of the offense.	669

(H)(1) If an offender commits a violation of division (B),	670
(D), or (E) of this section and the violation occurs as part of a	671
course of conduct involving other violations of division (B), (D),	672
or (E) of this section or violations of, attempts to violate,	673
conspiracies to violate, or complicity in violations of division	674
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21,	675
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the	676
court, in determining the degree of the offense pursuant to	677
division (I) of this section, may aggregate all credit, property,	678
or services obtained or sought to be obtained by the offender and	679
all debts or other legal obligations avoided or sought to be	680
avoided by the offender in the violations involved in that course	681
of conduct. The course of conduct may involve one victim or more	682
than one victim.	683

(2) If an offender commits a violation of division (C) of	684
this section and the violation occurs as part of a course of	685
conduct involving other violations of division (C) of this section	686
or violations of, attempts to violate, conspiracies to violate, or	687
complicity in violations of division (B), (D), or (E) of this	688
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31,	689
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in	690
determining the degree of the offense pursuant to division (I) of	691
this section, may aggregate all credit, property, or services	692
obtained or sought to be obtained by the person aided or abetted	693
and all debts or other legal obligations avoided or sought to be	694
avoided by the person aided or abetted in the violations involved	695
in that course of conduct. The course of conduct may involve one	696
victim or more than one victim.	697

(I)(1) Whoever violates this section is guilty of identity	698
fraud.	699

(2) Except as otherwise provided in this division or division	700
(I)(3) of this section, identity fraud is a felony of the fifth	701
degree. If the value of the credit, property, services, debt, or	702
other legal obligation involved in the violation or course of	703
conduct is one thousand dollars or more and is less than seven	704
thousand five hundred dollars, except as otherwise provided in	705
division (I)(3) of this section, identity fraud is a felony of the	706
fourth degree. If the value of the credit, property, services,	707
debt, or other legal obligation involved in the violation or	708
course of conduct is seven thousand five hundred dollars or more	709
and is less than one hundred fifty thousand dollars, except as	710
otherwise provided in division (I)(3) of this section, identity	711
fraud is a felony of the third degree. If the value of the credit,	712
property, services, debt, or other legal obligation involved in	713
the violation or course of conduct is one hundred fifty thousand	714
dollars or more, except as otherwise provided in division (I)(3)	715
of this section, identity fraud is a felony of the second degree.	716

(3) If the victim of the offense is an elderly person or,	717
disabled adult, active duty service member, or spouse of an active	718
duty service member, a violation of this section is identity fraud	719
against ~~an elderly~~a person ~~or disabled adult~~in a protected	720
class. Except as otherwise provided in this division, identity	721
fraud against ~~an elderly~~a person ~~or disabled adult~~in a protected	722
class is a felony of the ~~fifth~~fourth degree. If the value of the	723
credit, property, services, debt, or other legal obligation	724
involved in the violation or course of conduct is one thousand	725
dollars or more and is less than seven thousand five hundred	726
dollars, identity fraud against ~~an elderly~~a person ~~or disabled~~	727
~~adult~~in a protected class is a felony of the third degree. If the	728
value of the credit, property, services, debt, or other legal	729
obligation involved in the violation or course of conduct is seven	730
thousand five hundred dollars or more and is less than one hundred	731
fifty thousand dollars, identity fraud against ~~an elderly~~a person	732
~~or disabled adult~~in a protected class is a felony of the second	733
degree. If the value of the credit, property, services, debt, or	734
other legal obligation involved in the violation or course of	735
conduct is one hundred fifty thousand dollars or more, identity	736
fraud against ~~an elderly~~a person ~~or disabled adult~~in a protected	737
class is a felony of the first degree.	738

(J) In addition to the penalties described in division (I) of	739
this section, anyone injured in person or property by a violation	740
of division (B), (D), or (E) of this section who is the owner of	741
the identifying information involved in that violation has a civil	742
action against the offender pursuant to section 2307.60 of the	743
Revised Code. That person may also bring a civil action to enjoin	744
or restrain future acts that would constitute a violation of	745
division (B), (D), or (E) of this section.	746

Sec. 2913.61. (A) When a person is charged with a theft	747
offense, or with a violation of division (A)(1) of section 1716.14	748
of the Revised Code involving a victim who is an elderly person or	749
disabled adult that involves property or services valued at one	750
thousand dollars or more, property or services valued at one	751
thousand dollars or more and less than seven thousand five hundred	752
dollars, property or services valued at one thousand five hundred	753
dollars or more and less than seven thousand five hundred dollars,	754
property or services valued at seven thousand five hundred dollars	755
or more and less than thirty-seven thousand five hundred dollars,	756
property or services valued at seven thousand five hundred dollars	757
or more and less than one hundred fifty thousand dollars, property	758
or services valued at thirty-seven thousand five hundred dollars	759
or more and less than one hundred fifty thousand dollars, property	760
or services valued at thirty-seven thousand five hundred dollars	761
or more, property or services valued at one hundred fifty thousand	762
dollars or more, property or services valued at one hundred fifty	763
thousand dollars or more and less than seven hundred fifty	764
thousand dollars, property or services valued at seven hundred	765
fifty thousand dollars or more and less than one million five	766
hundred thousand dollars, or property or services valued at one	767
million five hundred thousand dollars or more, the jury or court	768
trying the accused shall determine the value of the property or	769
services as of the time of the offense and, if a guilty verdict is	770
returned, shall return the finding of value as part of the	771
verdict. In any case in which the jury or court determines that	772
the value of the property or services at the time of the offense	773
was one thousand dollars or more, it is unnecessary to find and	774
return the exact value, and it is sufficient if the finding and	775
return is to the effect that the value of the property or services	776
involved was one thousand dollars or more, was one thousand	777
dollars or more and less than seven thousand five hundred dollars,	778
was one thousand five hundred dollars or more and less than seven	779
thousand five hundred dollars, was seven thousand five hundred	780
dollars or more and less than thirty-seven thousand five hundred	781
dollars, ~~was seven thousand five hundred dollars or more and less~~	782
~~than thirty-seven thousand five hundred dollars,~~ was seven	783
thousand five hundred dollars or more and less than one hundred	784
fifty thousand dollars, was thirty-seven thousand five hundred	785
dollars or more and less than one hundred fifty thousand dollars,	786
was thirty-seven thousand five hundred dollars or more ~~and less~~	787
~~than one hundred fifty thousand dollars~~, was one hundred fifty	788
thousand dollars or more, was one hundred fifty thousand dollars	789
or more and less than seven hundred fifty thousand dollars, was	790
seven hundred fifty thousand dollars or more and less than one	791
million five hundred thousand dollars, or was one million five	792
hundred thousand dollars or more, whichever is relevant regarding	793
the offense.	794

(B) If more than one item of property or services is involved	795
in a theft offense or in a violation of division (A)(1) of section	796
1716.14 of the Revised Code involving a victim who is an elderly	797
person or disabled adult, the value of the property or services	798
involved for the purpose of determining the value as required by	799
division (A) of this section is the aggregate value of all	800
property or services involved in the offense.	801

(C)(1) When a series of offenses under section 2913.02 of the	802
Revised Code, or a series of violations of, attempts to commit a	803
violation of, conspiracies to violate, or complicity in violations	804
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	805
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	806
2913.31 or 2913.43 of the Revised Code involving a victim who is	807
an elderly person or disabled adult, is committed by the offender	808
in the offender's same employment, capacity, or relationship to	809
another, all of those offenses shall be tried as a single offense.	810
When a series of offenses under section 2913.02 of the Revised	811
Code, or a series of violations of, attempts to commit a violation	812
of, conspiracies to violate, or complicity in violations of	813
section 2913.02 or 2913.43 of the Revised Code involving a victim	814
who is an active duty service member or spouse of an active duty	815
service member is committed by the offender in the offender's same	816
employment, capacity, or relationship to another, all of those	817
offenses shall be tried as a single offense. The value of the	818
property or services involved in the series of offenses for the	819
purpose of determining the value as required by division (A) of	820
this section is the aggregate value of all property and services	821
involved in all offenses in the series.	822

(2) If an offender commits a series of offenses under section	823
2913.02 of the Revised Code that involves a common course of	824
conduct to defraud multiple victims, all of the offenses may be	825
tried as a single offense. If an offender is being tried for the	826
commission of a series of violations of, attempts to commit a	827
violation of, conspiracies to violate, or complicity in violations	828
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	829
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	830
2913.31 or 2913.43 of the Revised Code, whether committed against	831
one victim or more than one victim, involving a victim who is an	832
elderly person or disabled adult, pursuant to a scheme or course	833
of conduct, all of those offenses may be tried as a single	834
offense. If an offender is being tried for the commission of a	835
series of violations of, attempts to commit a violation of,	836
conspiracies to violate, or complicity in violations of section	837
2913.02 or 2913.43 of the Revised Code, whether committed against	838
one victim or more than one victim, involving a victim who is an	839
active duty service member or spouse of an active duty service	840
member pursuant to a scheme or course of conduct, all of those	841
offenses may be tried as a single offense. If the offenses are	842
tried as a single offense, the value of the property or services	843
involved for the purpose of determining the value as required by	844
division (A) of this section is the aggregate value of all	845
property and services involved in all of the offenses in the	846
course of conduct.	847

(3) When a series of two or more offenses under section	848
2913.40, 2913.48, or 2921.41 of the Revised Code is committed by	849
the offender in the offender's same employment, capacity, or	850
relationship to another, all of those offenses may be tried as a	851
single offense. If the offenses are tried as a single offense, the	852
value of the property or services involved for the purpose of	853
determining the value as required by division (A) of this section	854
is the aggregate value of all property and services involved in	855
all of the offenses in the series of two or more offenses.	856

(4) In prosecuting a single offense under division (C)(1),	857
(2), or (3) of this section, it is not necessary to separately	858
allege and prove each offense in the series. Rather, it is	859
sufficient to allege and prove that the offender, within a given	860
span of time, committed one or more theft offenses or violations	861
of section 2913.40, 2913.48, or 2921.41 of the Revised Code in the	862
offender's same employment, capacity, or relationship to another	863
as described in division (C)(1) or (3) of this section, or	864
committed one or more theft offenses that involve a common course	865
of conduct to defraud multiple victims or a scheme or course of	866
conduct as described in division (C)(2) of this section. While it	867
is not necessary to separately allege and prove each offense in	868
the series in order to prosecute a single offense under division	869
(C)(1), (2), or (3) of this section, it remains necessary in	870
prosecuting them as a single offense to prove the aggregate value	871
of the property or services in order to meet the requisite	872
statutory offense level sought by the prosecution.	873

(D) The following criteria shall be used in determining the	874
value of property or services involved in a theft offense:	875

(1) The value of an heirloom, memento, collector's item,	876
antique, museum piece, manuscript, document, record, or other	877
thing that has intrinsic worth to its owner and that either is	878
irreplaceable or is replaceable only on the expenditure of	879
substantial time, effort, or money, is the amount that would	880
compensate the owner for its loss.	881

(2) The value of personal effects and household goods, and of	882
materials, supplies, equipment, and fixtures used in the	883
profession, business, trade, occupation, or avocation of its	884
owner, which property is not covered under division (D)(1) of this	885
section and which retains substantial utility for its purpose	886
regardless of its age or condition, is the cost of replacing the	887
property with new property of like kind and quality.	888

(3) The value of any real or personal property that is not	889
covered under division (D)(1) or (2) of this section, and the	890
value of services, is the fair market value of the property or	891
services. As used in this section, "fair market value" is the	892
money consideration that a buyer would give and a seller would	893
accept for property or services, assuming that the buyer is	894
willing to buy and the seller is willing to sell, that both are	895
fully informed as to all facts material to the transaction, and	896
that neither is under any compulsion to act.	897

(E) Without limitation on the evidence that may be used to	898
establish the value of property or services involved in a theft	899
offense:	900

(1) When the property involved is personal property held for	901
sale at wholesale or retail, the price at which the property was	902
held for sale is prima-facie evidence of its value.	903

(2) When the property involved is a security or commodity	904
traded on an exchange, the closing price or, if there is no	905
closing price, the asked price, given in the latest market	906
quotation prior to the offense is prima-facie evidence of the	907
value of the security or commodity.	908

(3) When the property involved is livestock, poultry, or raw	909
agricultural products for which a local market price is available,	910
the latest local market price prior to the offense is prima-facie	911
evidence of the value of the livestock, poultry, or products.	912

(4) When the property involved is a negotiable instrument,	913
the face value is prima-facie evidence of the value of the	914
instrument.	915

(5) When the property involved is a warehouse receipt, bill	916
of lading, pawn ticket, claim check, or other instrument entitling	917
the holder or bearer to receive property, the face value or, if	918
there is no face value, the value of the property covered by the	919
instrument less any payment necessary to receive the property is	920
prima-facie evidence of the value of the instrument.	921

(6) When the property involved is a ticket of admission,	922
ticket for transportation, coupon, token, or other instrument	923
entitling the holder or bearer to receive property or services,	924
the face value or, if there is no face value, the value of the	925
property or services that may be received by the instrument is	926
prima-facie evidence of the value of the instrument.	927

(7) When the services involved are gas, electricity, water,	928
telephone, transportation, shipping, or other services for which	929
the rate is established by law, the duly established rate is	930
prima-facie evidence of the value of the services.	931

(8) When the services involved are services for which the	932
rate is not established by law, and the offender has been notified	933
prior to the offense of the rate for the services, either in	934
writing, orally, or by posting in a manner reasonably calculated	935
to come to the attention of potential offenders, the rate	936
contained in the notice is prima-facie evidence of the value of	937
the services.	938

Sec. 3307.01. As used in this chapter:

939

(A) "Employer" means the board of education, school district,	940
governing authority of any community school established under	941
Chapter 3314. of the Revised Code, a science, technology,	942
engineering, and mathematics school established under Chapter	943
3326. of the Revised Code, college, university, institution, or	944
other agency within the state by which a teacher is employed and	945
paid.	946

(B)(1) "Teacher" means all of the following:

947

(a) Any person paid from public funds and employed in the	948
public schools of the state under any type of contract described	949
in section 3311.77 or 3319.08 of the Revised Code in a position	950
for which the person is required to have a license issued pursuant	951
to sections 3319.22 to 3319.31 of the Revised Code;	952

(b) Any person employed as a teacher by a community school or	953
a science, technology, engineering, and mathematics school	954
pursuant to Chapter 3314. or 3326. of the Revised Code;	955

(c) Any person having a license issued pursuant to sections	956
3319.22 to 3319.31 of the Revised Code and employed in a public	957
school in this state in an educational position, as determined by	958
the state board of education, under programs provided for by	959
federal acts or regulations and financed in whole or in part from	960
federal funds, but for which no licensure requirements for the	961
position can be made under the provisions of such federal acts or	962
regulations;	963

(d) Any other teacher or faculty member employed in any	964
school, college, university, institution, or other agency wholly	965
controlled and managed, and supported in whole or in part, by the	966
state or any political subdivision thereof, including Central	967
state university, Cleveland state university, and the university	968
of Toledo;	969

(e) The educational employees of the department of education,	970
as determined by the state superintendent of public instruction.	971

In all cases of doubt, the state teachers retirement board	972
shall determine whether any person is a teacher, and its decision	973
shall be final.	974

(2) "Teacher" does not include ~~either of the following:~~

975

~~(a) Any~~any eligible employee of a public institution of	976
higher education, as defined in section 3305.01 of the Revised	977
Code, who elects to participate in an alternative retirement plan	978
established under Chapter 3305. of the Revised Code;	979

~~(b) Any person having a license issued pursuant to sections~~	980
~~3319.22 to 3319.31 of the Revised Code and performing services~~	981
~~that are funded under section 3317.06 of the Revised Code and~~	982
~~provided to students attending nonpublic schools, without regard~~	983
~~to whether the services are performed in a public school and~~	984
~~whether the person is employed under a contract with a third~~	985
~~party~~.	986

(C) "Member" means any person included in the membership of	987
the state teachers retirement system, which shall consist of all	988
teachers and contributors as defined in divisions (B) and (D) of	989
this section and all disability benefit recipients, as defined in	990
section 3307.50 of the Revised Code. However, for purposes of this	991
chapter, the following persons shall not be considered members:	992

(1) A student, intern, or resident who is not a member while	993
employed part-time by a school, college, or university at which	994
the student, intern, or resident is regularly attending classes;	995

(2) A person denied membership pursuant to section 3307.24 of	996
the Revised Code;	997

(3) An other system retirant, as defined in section 3307.35	998
of the Revised Code, or a superannuate;	999

(4) An individual employed in a program established pursuant	1000
to the "Job Training Partnership Act," 96 Stat. 1322 (1982), 29	1001
U.S.C.A. 1501;	1002

(5) The surviving spouse of a member or retirant if the	1003
surviving spouse's only connection to the retirement system is an	1004
account in an STRS defined contribution plan.	1005

(D) "Contributor" means any person who has an account in the	1006
teachers' savings fund or defined contribution fund, except that	1007
"contributor" does not mean a member or retirant's surviving	1008
spouse with an account in an STRS defined contribution plan.	1009

(E) "Beneficiary" means any person eligible to receive, or in	1010
receipt of, a retirement allowance or other benefit provided by	1011
this chapter.	1012

(F) "Year" means the year beginning the first day of July and	1013
ending with the thirtieth day of June next following, except that	1014
for the purpose of determining final average salary under the plan	1015
described in sections 3307.50 to 3307.79 of the Revised Code,	1016
"year" may mean the contract year.	1017

(G) "Local district pension system" means any school teachers	1018
pension fund created in any school district of the state in	1019
accordance with the laws of the state prior to September 1, 1920.	1020

(H) "Employer contribution" means the amount paid by an	1021
employer, as determined by the employer rate, including the normal	1022
and deficiency rates, contributions, and funds wherever used in	1023
this chapter.	1024

(I) "Five years of service credit" means employment covered	1025
under this chapter and employment covered under a former	1026
retirement plan operated, recognized, or endorsed by a college,	1027
institute, university, or political subdivision of this state	1028
prior to coverage under this chapter.	1029

(J) "Actuary" means an actuarial professional contracted with	1030
or employed by the state teachers retirement board, who shall be	1031
either of the following:	1032

(1) A member of the American academy of actuaries;

1033

(2) A firm, partnership, or corporation of which at least one	1034
person is a member of the American academy of actuaries.	1035

(K) "Fiduciary" means a person who does any of the following:

1036

(1) Exercises any discretionary authority or control with	1037
respect to the management of the system, or with respect to the	1038
management or disposition of its assets;	1039

(2) Renders investment advice for a fee, direct or indirect,	1040
with respect to money or property of the system;	1041

(3) Has any discretionary authority or responsibility in the	1042
administration of the system.	1043

(L)(1) Except as provided in this division, "compensation"	1044
means all salary, wages, and other earnings paid to a teacher by	1045
reason of the teacher's employment, including compensation paid	1046
pursuant to a supplemental contract. The salary, wages, and other	1047
earnings shall be determined prior to determination of the amount	1048
required to be contributed to the teachers' savings fund or	1049
defined contribution fund under section 3307.26 of the Revised	1050
Code and without regard to whether any of the salary, wages, or	1051
other earnings are treated as deferred income for federal income	1052
tax purposes.	1053

(2) Compensation does not include any of the following:

1054

(a) Payments for accrued but unused sick leave or personal	1055
leave, including payments made under a plan established pursuant	1056
to section 124.39 of the Revised Code or any other plan	1057
established by the employer;	1058

(b) Payments made for accrued but unused vacation leave,	1059
including payments made pursuant to section 124.13 of the Revised	1060
Code or a plan established by the employer;	1061

(c) Payments made for vacation pay covering concurrent	1062
periods for which other salary, compensation, or benefits under	1063
this chapter or Chapter 145. or 3309. of the Revised Code are	1064
paid;	1065

(d) Amounts paid by the employer to provide life insurance,	1066
sickness, accident, endowment, health, medical, hospital, dental,	1067
or surgical coverage, or other insurance for the teacher or the	1068
teacher's family, or amounts paid by the employer to the teacher	1069
in lieu of providing the insurance;	1070

(e) Incidental benefits, including lodging, food, laundry,	1071
parking, or services furnished by the employer, use of the	1072
employer's property or equipment, and reimbursement for	1073
job-related expenses authorized by the employer, including moving	1074
and travel expenses and expenses related to professional	1075
development;	1076

(f) Payments made by the employer in exchange for a member's	1077
waiver of a right to receive any payment, amount, or benefit	1078
described in division (L)(2) of this section;	1079

(g) Payments by the employer for services not actually	1080
rendered;	1081

(h) Any amount paid by the employer as a retroactive increase	1082
in salary, wages, or other earnings, unless the increase is one of	1083
the following:	1084

(i) A retroactive increase paid to a member employed by a	1085
school district board of education in a position that requires a	1086
license designated for teaching and not designated for being an	1087
administrator issued under section 3319.22 of the Revised Code	1088
that is paid in accordance with uniform criteria applicable to all	1089
members employed by the board in positions requiring the licenses;	1090

(ii) A retroactive increase paid to a member employed by a	1091
school district board of education in a position that requires a	1092
license designated for being an administrator issued under section	1093
3319.22 of the Revised Code that is paid in accordance with	1094
uniform criteria applicable to all members employed by the board	1095
in positions requiring the licenses;	1096

(iii) A retroactive increase paid to a member employed by a	1097
school district board of education as a superintendent that is	1098
also paid as described in division (L)(2)(h)(i) of this section;	1099

(iv) A retroactive increase paid to a member employed by an	1100
employer other than a school district board of education in	1101
accordance with uniform criteria applicable to all members	1102
employed by the employer.	1103

(i) Payments made to or on behalf of a teacher that are in	1104
excess of the annual compensation that may be taken into account	1105
by the retirement system under division (a)(17) of section 401 of	1106
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.	1107
401(a)(17), as amended. For a teacher who first establishes	1108
membership before July 1, 1996, the annual compensation that may	1109
be taken into account by the retirement system shall be determined	1110
under division (d)(3) of section 13212 of the "Omnibus Budget	1111
Reconciliation Act of 1993," Pub. L. No. 103-66, 107 Stat. 472.	1112

(j) Payments made under division (B), (C), or (E) of section	1113
5923.05 of the Revised Code, Section 4 of Substitute Senate Bill	1114
No. 3 of the 119th general assembly, Section 3 of Amended	1115
Substitute Senate Bill No. 164 of the 124th general assembly, or	1116
Amended Substitute House Bill No. 405 of the 124th general	1117
assembly;	1118

(k) Anything of value received by the teacher that is based	1119
on or attributable to retirement or an agreement to retire;	1120

(l) Any amount paid by the employer as a retroactive payment	1121
of earnings, damages, or back pay pursuant to a court order,	1122
court-adopted settlement agreement, or other settlement agreement,	1123
unless the retirement system receives both of the following:	1124

(i) Teacher and employer contributions under sections 3307.26	1125
and 3307.28 of the Revised Code, plus interest compounded annually	1126
at a rate determined by the board, for each year or portion of a	1127
year for which amounts are paid under the order or agreement;	1128

(ii) Teacher and employer contributions under sections	1129
3307.26 and 3307.28 of the Revised Code, plus interest compounded	1130
annually at a rate determined by the board, for each year or	1131
portion of a year not subject to division (L)(2)(l)(i) of this	1132
section for which the board determines the teacher was improperly	1133
paid, regardless of the teacher's ability to recover on such	1134
amounts improperly paid.	1135

(3) The retirement board shall determine both of the	1136
following:	1137

(a) Whether particular forms of earnings are included in any	1138
of the categories enumerated in this division;	1139

(b) Whether any form of earnings not enumerated in this	1140
division is to be included in compensation.	1141

Decisions of the board made under this division shall be	1142
final.	1143

(M) "Superannuate" means both of the following:

1144

(1) A former teacher receiving from the system a retirement	1145
allowance under section 3307.58 or 3307.59 of the Revised Code;	1146

(2) A former teacher receiving a benefit from the system	1147
under a plan established under section 3307.81 of the Revised	1148
Code, except that "superannuate" does not include a former teacher	1149
who is receiving a benefit based on disability under a plan	1150
established under section 3307.81 of the Revised Code.	1151

For purposes of sections 3307.35 and 3307.353 of the Revised	1152
Code, "superannuate" also means a former teacher receiving from	1153
the system a combined service retirement benefit paid in	1154
accordance with section 3307.57 of the Revised Code, regardless of	1155
which retirement system is paying the benefit.	1156

(N) "STRS defined benefit plan" means the plan described in	1157
sections 3307.50 to 3307.79 of the Revised Code.	1158

(O) "STRS defined contribution plan" means the plans	1159
established under section 3307.81 of the Revised Code and includes	1160
the STRS combined plan under that section.	1161

Sec. 3333.164. (A) As used in this section, "state	1162
institution of higher education" has the same meaning as in	1163
section 3345.011 of the Revised Code.	1164

(B) Not later than December 31, 2014, the chancellor of the	1165
Ohio board of regents shall do all of the following with regard to	1166
the awarding of college credit for military training, experience,	1167
and coursework:	1168

(1) Develop a set of standards and procedures for state	1169
institutions of higher education to utilize in the granting of	1170
college credit for military training, experience, and coursework;	1171

(2) Create a military articulation and transfer assurance	1172
guide for college credit that is earned through military training,	1173
experience, and coursework. The chancellor shall use the current	1174
articulation and transfer policy adopted pursuant to section	1175
3333.16 of the Revised Code as a model in developing this guide.	1176

(3) Create a web site that contains information related to	1177
the awarding of college credit for military training, experience,	1178
and coursework. The web site shall include both of the following:	1179

(a) Standardized resources that address frequently asked	1180
questions regarding the awarding of such credit and related	1181
issues;	1182

(b) A statewide database that shows how specified military	1183
training, experience, and coursework translates to college credit.	1184

(4) Develop a statewide training program that prepares	1185
faculty and staff of state institutions of higher education to	1186
evaluate various military training, experience, and coursework and	1187
to award appropriate equivalent credit. The training program shall	1188
incorporate the best practices of awarding credit for military	1189
experiences, including both the recommendations of the American	1190
council on education and the standards developed by the council	1191
for adult and experiential learning.	1192

(C) Beginning on July 1, 2015, state institutions of higher	1193
education shall ensure that appropriate equivalent credit is	1194
awarded for military training, experience, and coursework that	1195
meet the standards developed by the chancellor pursuant to this	1196
section.	1197

Sec. 3333.28. (A) The chancellor of the Ohio board of	1198
regents shall establish the nurse education assistance program,	1199
the purpose of which shall be to make loans to students enrolled	1200
in prelicensure nurse education programs at institutions approved	1201
by the board of nursing under section 4723.06 of the Revised Code	1202
and postlicensure nurse education programs approved by the	1203
chancellor under section 3333.04 of the Revised Code or offered by	1204
an institution holding a certificate of authorization issued under	1205
Chapter 1713. of the Revised Code. The board of nursing shall	1206
assist the chancellor in administering the program.	1207

(B) There is hereby created in the state treasury the nurse	1208
education assistance fund, which shall consist of all money	1209
transferred to it pursuant to section 4743.05 of the Revised Code.	1210
The fund shall be used by the chancellor for loans made under	1211
division (A) of this section and for expenses of administering the	1212
loan program.	1213

(C) Between July 1, 2005, and January 1, 2012, the chancellor	1214
shall distribute money in the nurse education assistance fund in	1215
the following manner:	1216

(1)(a) Fifty per cent of available funds shall be awarded as	1217
loans to registered nurses enrolled in postlicensure nurse	1218
education programs described in division (A) of this section. To	1219
be eligible for a loan, the applicant shall provide the chancellor	1220
with a letter of intent to practice as a faculty member at a	1221
prelicensure or postlicensure program for nursing in this state	1222
upon completion of the applicant's academic program.	1223

(b) If the borrower of a loan under division (C)(1)(a) of	1224
this section secures employment as a faculty member of an approved	1225
nursing education program in this state within six months	1226
following graduation from an approved nurse education program, the	1227
chancellor may forgive the principal and interest of the student's	1228
loans received under division (C)(1)(a) of this section at a rate	1229
of twenty-five per cent per year, for a maximum of four years, for	1230
each year in which the borrower is so employed. A deferment of the	1231
service obligation, and other conditions regarding the forgiveness	1232
of loans may be granted as provided by the rules adopted under	1233
division (D)(7) of this section.	1234

(c) Loans awarded under division (C)(1)(a) of this section	1235
shall be awarded on the basis of the student's expected family	1236
contribution, with preference given to those applicants with the	1237
lowest expected family contribution. However, the chancellor may	1238
consider other factors the chancellor determines relevant in	1239
ranking the applications.	1240

(d) Each loan awarded to a student under division (C)(1)(a)	1241
of this section shall be not less than five thousand dollars per	1242
year.	1243

(2) Twenty-five per cent of available funds shall be awarded	1244
to students enrolled in prelicensure nurse education programs for	1245
registered nurses, as defined in section 4723.01 of the Revised	1246
Code.	1247

(3) Twenty-five per cent of available funds shall be awarded	1248
to students enrolled in nurse education programs as determined by	1249
the chancellor, with preference given to programs aimed at	1250
increasing enrollment in an area of need.	1251

After January 1, 2012, the chancellor shall determine the	1252
manner in which to distribute loans under this section.	1253

(D) Subject to the requirements specified in division (C) of	1254
this section, the chancellor shall adopt rules in accordance with	1255
Chapter 119. of the Revised Code establishing:	1256

(1) Eligibility criteria for receipt of a loan;

1257

(2) Loan application procedures;

1258

(3) The amounts in which loans may be made and the total	1259
amount that may be loaned to an individual;	1260

(4) The total amount of loans that can be made each year;

1261

(5) The percentage of the money in the fund that must remain	1262
in the fund at all times as a fund balance;	1263

(6) Interest and principal repayment schedules;

1264

(7) Conditions under which a portion of principal and	1265
interest obligations incurred by an individual under the program	1266
will be forgiven;	1267

(8) Conditions under which all or a portion of the principal	1268
and interest obligations incurred by an individual who is deployed	1269
on active duty outside of the state or who is the spouse of a	1270
person deployed on active duty outside of the state may be	1271
deferred or forgiven.	1272

(9) Ways that the program may be used to encourage	1273
individuals who are members of minority groups to enter the	1274
nursing profession;	1275

~~(9)~~(10) Any other matters incidental to the operation of the	1276
program.	1277

(E) The obligation to repay a portion of the principal and	1278
interest on a loan made under this section shall be forgiven if	1279
the recipient of the loan meets the criteria for forgiveness	1280
established by division (C)(1)(b) of this section, in the case of	1281
loans awarded under division (C)(1)(a) of this section, or by the	1282
chancellor under the rule adopted under division (D)(7) of this	1283
section, in the case of other loans awarded under this section.	1284

(F) The obligation to repay all or a portion of the principal	1285
and interest on a loan made under this section may be deferred or	1286
forgiven if the recipient of the loan meets the criteria for	1287
deferment or forgiveness established by the chancellor under the	1288
rule adopted under division (D)(8) of this section.	1289

(G) The receipt of a loan under this section shall not affect	1290
a student's eligibility for assistance, or the amount of that	1291
assistance, granted under section 3333.12, 3333.122, 3333.22,	1292
3333.26, 5910.03, 5910.032, or 5919.34 of the Revised Code, but	1293
the rules of the chancellor may provide for taking assistance	1294
received under those sections into consideration when determining	1295
a student's eligibility for a loan under this section.	1296

(H) As used in this section, "active duty" means active duty	1297
pursuant to an executive order of the president of the United	1298
States, an act of the congress of the United States, or section	1299
5919.29 or 5923.21 of the Revised Code.	1300

Sec. 3345.42. As used in sections 3345.421, 3345.422,	1301
3345.423, and 3345.424 of the Revised Code:	1302

"Service member" means a person who is serving in the armed	1303
forces of the United States.	1304

"Veteran" means any person who has completed service in the	1305
armed forces, including the national guard of any state or a	1306
reserve component of the armed forces, and who has been discharged	1307
under honorable conditions from the armed forces or who has been	1308
transferred to the reserve with evidence of satisfactory service.	1309

Sec. 3345.421. Not later than December 31, 2014, the board of	1310
trustees of each state institution of higher education, as defined	1311
in section 3345.011 of the Revised Code, shall do all of the	1312
following:	1313

(A) Designate at least one person employed by the institution	1314
to serve as the contact person for veterans and service member	1315
affairs. Such a person shall assist and advise veterans and	1316
service members on issues related to earning college credit for	1317
military training, experience, and coursework.	1318

(B) Adopt a policy regarding the support and assistance the	1319
institution will provide to veterans and service members.	1320

(C) Allow for the establishment of a student-led group on	1321
campus for student service members and veterans and encourage	1322
other service member- and veteran-friendly organizations.	1323

(D) Integrate existing career services to create and	1324
encourage meaningful collaborative relationships between student	1325
service members and veterans and alumni of the institution, that	1326
links student service members and veterans with prospective	1327
employers, and that provides student service members and veterans	1328
with social opportunities; and, if the institution has career	1329
services programs, encourage the responsible office to seek and	1330
promote partnership opportunities for internships and employment	1331
of student service members and veterans with state, local,	1332
national, and international employers.	1333

(E) Survey student service members and veterans to identify	1334
their needs and challenges and make the survey available to	1335
faculty and staff at the state institution of higher education.	1336
And periodically conduct follow-up surveys, at a frequency	1337
determined by the board, to gauge the institution's progress	1338
toward meeting identified needs and challenges.	1339

The chancellor of the Ohio board of regents shall provide	1340
guidance to state institutions of higher education in their	1341
compliance with this section, including the recommendation of	1342
standardized policies on support and assistance to veterans and	1343
service members.	1344

The person or persons designated under division (A) of this	1345
section shall not be a person currently designated by the	1346
institution as a veterans administration certifying official.	1347

Sec. 3345.422. Not later than December 31, 2014, and	1348
continuing thereafter, each state institution of higher education,	1349
as defined in section 3345.011 of the Revised Code, shall provide	1350
a student who is either a veteran or a service member with	1351
priority for course registration.	1352

Sec. 3345.423. Not later than December 31, 2014, the board of	1353
trustees or managing authority of each state institution of higher	1354
education, as defined in section 3345.011 of the Revised Code,	1355
shall establish an appeals procedure for students who are veterans	1356
or service members for resolving disputes regarding the awarding	1357
of college credit for military experience.	1358

Sec. 3345.424. On or after December 31, 2014, no state	1359
institution of higher education, as defined in section 3345.011 of	1360
the Revised Code, shall charge a student who is a veteran or a	1361
service member any fee for the evaluation of, transcription of, or	1362
application for college credit for military experience.	1363

Sec. 4729.12. An identification card issued by the state	1364
board of pharmacy under section 4729.08 of the Revised Code	1365
entitles the individual to whom it is issued to practice as a	1366
pharmacist or as a pharmacy intern in this state until the next	1367
annual renewal date.	1368

Identification cards shall be renewed annually on the	1369
fifteenth day of September, according to the standard renewal	1370
procedure of Chapter 4745. of the Revised Code.	1371

Each pharmacist and pharmacy intern shall carry the	1372
identification card or renewal identification card while engaged	1373
in the practice of pharmacy. The license shall be conspicuously	1374
exposed at the principal place where the pharmacist or pharmacy	1375
intern practices pharmacy.	1376

A pharmacist or pharmacy intern who desires to continue in	1377
the practice of pharmacy shall file with the board an application	1378
in such form and containing such data as the board may require for	1379
renewal of an identification card. An application filed under this	1380
section may not be withdrawn without the approval of the board. If	1381
the board finds that the applicant's card has not been revoked or	1382
placed under suspension and that the applicant has paid the	1383
renewal fee, has continued pharmacy education in accordance with	1384
the rules of the board, and is entitled to continue in the	1385
practice of pharmacy, the board shall issue a renewal	1386
identification card to the applicant.	1387

When an identification card has lapsed for more than sixty	1388
days but application is made within three years after the	1389
expiration of the card, the applicant shall be issued a renewal	1390
identification card without further examination if the applicant	1391
meets the requirements of this section and pays the fee designated	1392
under division ~~(E)~~(A)(5) of section 4729.15 of the Revised Code.	1393

Sec. 4729.13. A pharmacist who fails to make application to	1394
the state board of pharmacy for a renewal identification card	1395
within a period of three years from the expiration of the	1396
identification card must pass an examination for registration;	1397
except that a pharmacist whose registration has expired, but who	1398
has continually practiced pharmacy in another state under a	1399
license issued by the authority of that state, may obtain a	1400
renewal identification card upon payment to the executive director	1401
of the board the fee designated under division ~~(F)~~(A)(6) of	1402
section 4729.15 of the Revised Code.	1403

Sec. 4729.15. ~~The~~(A) Except as provided in division (B) of	1404
this section, the state board of pharmacy shall charge the	1405
following fees:	1406

~~(A)~~(1) For applying for a license to practice as a	1407
pharmacist, an amount adequate to cover all rentals, compensation	1408
for proctors, and other expenses of the board related to	1409
examination except the expenses of procuring and grading the	1410
examination, which fee shall not be returned if the applicant	1411
fails to pass the examination;	1412

~~(B)~~(2) For the examination of an applicant for licensure as a	1413
pharmacist, an amount adequate to cover any expenses to the board	1414
of procuring and grading the examination or any part thereof,	1415
which fee shall not be returned if the applicant fails to pass the	1416
examination;	1417

~~(C)~~(3) For issuing a license and an identification card to an	1418
individual who passes the examination described in section 4729.07	1419
of the Revised Code, an amount that is adequate to cover the	1420
expense;	1421

~~(D)~~(4) For a pharmacist applying for renewal of an	1422
identification card within sixty days after the expiration date,	1423
ninety-seven dollars and fifty cents, which fee shall not be	1424
returned if the applicant fails to qualify for renewal;	1425

~~(E)~~(5) For a pharmacist applying for renewal of an	1426
identification card that has lapsed for more than sixty days, but	1427
for less than three years, one hundred thirty-five dollars, which	1428
fee shall not be returned if the applicant fails to qualify for	1429
renewal;	1430

~~(F)~~(6) For a pharmacist applying for renewal of an	1431
identification card that has lapsed for more than three years,	1432
three hundred thirty-seven dollars and fifty cents, which fee	1433
shall not be returned if the applicant fails to qualify for	1434
renewal;	1435

~~(G)~~(7) For a pharmacist applying for a license and	1436
identification card, on presentation of a pharmacist license	1437
granted by another state, three hundred thirty-seven dollars and	1438
fifty cents, which fee shall not be returned if the applicant	1439
fails to qualify for licensure.	1440

~~(H)~~(8) For a license and identification card to practice as a	1441
pharmacy intern, twenty-two dollars and fifty cents, which fee	1442
shall not be returned if the applicant fails to qualify for	1443
licensure;	1444

~~(I)~~(9) For the renewal of a pharmacy intern identification	1445
card, twenty-two dollars and fifty cents, which fee shall not be	1446
returned if the applicant fails to qualify for renewal;	1447

~~(J)~~(10) For issuing a replacement license to a pharmacist,	1448
twenty-two dollars and fifty cents;	1449

~~(K)~~(11) For issuing a replacement license to a pharmacy	1450
intern, seven dollars and fifty cents;	1451

~~(L)~~(12) For issuing a replacement identification card to a	1452
pharmacist, thirty-seven dollars and fifty cents, or pharmacy	1453
intern, seven dollars and fifty cents;	1454

~~(M)~~(13) For certifying licensure and grades for reciprocal	1455
licensure, ten dollars;	1456

~~(N)~~(14) For making copies of any application, affidavit, or	1457
other document filed in the state board of pharmacy office, an	1458
amount fixed by the board that is adequate to cover the expense,	1459
except that for copies required by federal or state agencies or	1460
law enforcement officers for official purposes, no charge need be	1461
made;	1462

~~(O)~~(15) For certifying and affixing the seal of the board, an	1463
amount fixed by the board that is adequate to cover the expense,	1464
except that for certifying and affixing the seal of the board to a	1465
document required by federal or state agencies or law enforcement	1466
officers for official purposes, no charge need be made;	1467

~~(P)~~(16) For each copy of a book or pamphlet that includes	1468
laws administered by the state board of pharmacy, rules adopted by	1469
the board, and chapters of the Revised Code with which the board	1470
is required to comply, an amount fixed by the board that is	1471
adequate to cover the expense of publishing and furnishing the	1472
book or pamphlet.	1473

(B)(1) Subject to division (B)(2) of this section, the fees	1474
described in divisions (A)(1) to (13) of this section do not apply	1475
to an individual who is on active duty in the armed forces of the	1476
United States or to an individual who served in the armed forces	1477
of the United States and presents a valid copy of the individual's	1478
DD-214 form or an equivalent document issued by the United States	1479
department of defense indicating that the individual is an	1480
honorably discharged veteran.	1481

(2) The state board of pharmacy may establish limits with	1482
respect to the individuals for whom fees are not applicable under	1483
division (B)(1) of this section.	1484

Sec. 4731.36. (A) Sections 4731.01 to 4731.47 of the Revised	1485
Code shall not prohibit service in case of emergency, domestic	1486
administration of family remedies, or provision of assistance to	1487
another individual who is self-administering drugs.	1488

Sections 4731.01 to 4731.47 of the Revised Code shall not	1489
apply to any of the following:	1490

(1) A commissioned medical officer of the armed forces of the	1491
United States ~~armed forces, as defined in section 5903.11 of the~~	1492
~~Revised Code,~~ or an employee of the veterans administration of the	1493
United States or the United States public health service in the	1494
discharge of the officer's or employee's professional duties;	1495

(2) A dentist authorized under Chapter 4715. of the Revised	1496
Code to practice dentistry when engaged exclusively in the	1497
practice of dentistry or when administering anesthetics in the	1498
practice of dentistry;	1499

(3) A physician or surgeon in another state or territory who	1500
is a legal practitioner of medicine or surgery therein when	1501
providing consultation to an individual holding a certificate to	1502
practice issued under this chapter who is responsible for the	1503
examination, diagnosis, and treatment of the patient who is the	1504
subject of the consultation, if one of the following applies:	1505

(a) The physician or surgeon does not provide consultation in	1506
this state on a regular or frequent basis.	1507

(b) The physician or surgeon provides the consultation	1508
without compensation of any kind, direct or indirect, for the	1509
consultation.	1510

(c) The consultation is part of the curriculum of a medical	1511
school or osteopathic medical school of this state or a program	1512
described in division (A)(2) of section 4731.291 of the Revised	1513
Code.	1514

(4) A physician or surgeon in another state or territory who	1515
is a legal practitioner of medicine or surgery therein and	1516
provided services to a patient in that state or territory, when	1517
providing, not later than one year after the last date services	1518
were provided in another state or territory, follow-up services in	1519
person or through the use of any communication, including oral,	1520
written, or electronic communication, in this state to the patient	1521
for the same condition;	1522

(5) A physician or surgeon residing on the border of a	1523
contiguous state and authorized under the laws thereof to practice	1524
medicine and surgery therein, whose practice extends within the	1525
limits of this state. Such practitioner shall not either in person	1526
or through the use of any communication, including oral, written,	1527
or electronic communication, open an office or appoint a place to	1528
see patients or receive calls within the limits of this state.	1529

(6) A board, committee, or corporation engaged in the conduct	1530
described in division (A) of section 2305.251 of the Revised Code	1531
when acting within the scope of the functions of the board,	1532
committee, or corporation;	1533

(7) The conduct of an independent review organization	1534
accredited by the superintendent of insurance under section	1535
3922.13 of the Revised Code for the purpose of external reviews	1536
conducted under Chapter 3922. of the Revised Code.	1537

As used in division (A)(1) of this section, "armed forces of	1538
the United States" means the army, air force, navy, marine corps,	1539
coast guard, and any other military service branch that is	1540
designated by congress as a part of the armed forces of the United	1541
States.	1542

(B)(1) Subject to division (B)(2) of this section, this	1543
chapter does not apply to a person who holds a current,	1544
unrestricted license to practice medicine and surgery or	1545
osteopathic medicine and surgery in another state when the person,	1546
pursuant to a written agreement with an athletic team located in	1547
the state in which the person holds the license, provides medical	1548
services to any of the following while the team is traveling to or	1549
from or participating in a sporting event in this state:	1550

(a) A member of the athletic team;

1551

(b) A member of the athletic team's coaching, communications,	1552
equipment, or sports medicine staff;	1553

(c) A member of a band or cheerleading squad accompanying the	1554
athletic team;	1555

(d) The athletic team's mascot.

1556

(2) In providing medical services pursuant to division (B)(1)	1557
of this section, the person shall not provide medical services at	1558
a health care facility, including a hospital, an ambulatory	1559
surgical facility, or any other facility in which medical care,	1560
diagnosis, or treatment is provided on an inpatient or outpatient	1561
basis.	1562

(C) Sections 4731.51 to 4731.61 of the Revised Code do not	1563
apply to any graduate of a podiatric school or college while	1564
performing those acts that may be prescribed by or incidental to	1565
participation in an accredited podiatric internship, residency, or	1566
fellowship program situated in this state approved by the state	1567
medical board.	1568

(D) This chapter does not apply to an oriental medicine	1569
practitioner or acupuncturist who complies with Chapter 4762. of	1570
the Revised Code.	1571

(E) This chapter does not prohibit the administration of	1572
drugs by any of the following:	1573

(1) An individual who is licensed or otherwise specifically	1574
authorized by the Revised Code to administer drugs;	1575

(2) An individual who is not licensed or otherwise	1576
specifically authorized by the Revised Code to administer drugs,	1577
but is acting pursuant to the rules for delegation of medical	1578
tasks adopted under section 4731.053 of the Revised Code;	1579

(3) An individual specifically authorized to administer drugs	1580
pursuant to a rule adopted under the Revised Code that is in	1581
effect on April 10, 2001, as long as the rule remains in effect,	1582
specifically authorizing an individual to administer drugs.	1583

(F) The exemptions described in divisions (A)(3), (4), and	1584
(5) of this section do not apply to a physician or surgeon whose	1585
certificate to practice issued under this chapter is under	1586
suspension or has been revoked or permanently revoked by action of	1587
the state medical board.	1588

Sec. 4743.04. (A) The renewal of a license or other	1589
authorization to practice a trade or profession issued under Title	1590
XLVII of the Revised Code is subject to the provisions of section	1591
5903.10 of the Revised Code relating to service in the armed	1592
forces ~~of the United States or a reserve component of the armed~~	1593
~~forces of the United States, including the Ohio national guard or~~	1594
~~the national guard of any other state~~.	1595

(B) Continuing education requirements applicable to the	1596
licensees under Title XLVII of the Revised Code are subject to the	1597
provisions of section 5903.12 of the Revised Code relating to	1598
active duty military service.	1599

(C) A department, agency, or office of this state or of any	1600
political subdivision of this state that issues a license or	1601
certificate to practice a trade or profession may, pursuant to	1602
rules adopted by the department, agency, or office, issue a	1603
temporary license or certificate to practice the trade or	1604
profession to a person whose spouse is on active military duty in	1605
this state.	1606

(D) The issuance of a license or other authorization to	1607
practice a trade or profession issued under Title XLVII of the	1608
Revised Code is subject to the provisions of section 5903.03 of	1609
the Revised Code relating to service in the armed forces ~~of the~~	1610
~~United States or a reserve component of the armed forces of the~~	1611
~~United States, including the Ohio national guard or the national~~	1612
~~guard of any other state~~.	1613

Sec. 5902.02. The duties of the director of veterans	1614
services shall include the following:	1615

(A) Furnishing the veterans service commissions of all	1616
counties of the state copies of the state laws, rules, and	1617
legislation relating to the operation of the commissions and their	1618
offices;	1619

(B) Upon application, assisting the general public in	1620
obtaining records of vital statistics pertaining to veterans or	1621
their dependents;	1622

(C) Adopting rules pursuant to Chapter 119. of the Revised	1623
Code pertaining to minimum qualifications for hiring, certifying,	1624
and accrediting county veterans service officers, pertaining to	1625
their required duties, and pertaining to revocation of the	1626
certification of county veterans service officers;	1627

(D) Adopting rules pursuant to Chapter 119. of the Revised	1628
Code for the education, training, certification, and duties of	1629
veterans service commissioners and for the revocation of the	1630
certification of a veterans service commissioner;	1631

(E) Developing and monitoring programs and agreements	1632
enhancing employment and training for veterans in single or	1633
multiple county areas;	1634

(F) Developing and monitoring programs and agreements to	1635
enable county veterans service commissions to address	1636
homelessness, indigency, and other veteran-related issues	1637
individually or jointly;	1638

(G) Developing and monitoring programs and agreements to	1639
enable state agencies, individually or jointly, that provide	1640
services to veterans, including the veterans' homes operated under	1641
Chapter 5907. of the Revised Code and the director of job and	1642
family services, to address homelessness, indigency, employment,	1643
and other veteran-related issues;	1644

(H) Establishing and providing statistical reporting formats	1645
and procedures for county veterans service commissions;	1646

(I) Publishing electronically a listing of county veterans	1647
service offices and county veterans service commissioners. The	1648
listing shall include the expiration dates of commission members'	1649
terms of office and the organizations they represent; the names,	1650
addresses, and telephone numbers of county veterans service	1651
offices; and the addresses and telephone numbers of the Ohio	1652
offices and headquarters of state and national veterans service	1653
organizations.	1654

(J) Establishing a veterans advisory committee to advise and	1655
assist the department of veterans services in its duties. Members	1656
shall include a member of the national guard association of the	1657
United States who is a resident of this state, a member of the	1658
military officers association of America who is a resident of this	1659
state, a state representative of congressionally chartered	1660
veterans organizations referred to in section 5901.02 of the	1661
Revised Code, a representative of any other congressionally	1662
chartered state veterans organization that has at least one	1663
veterans service commissioner in the state, three representatives	1664
of the Ohio state association of county veterans service	1665
commissioners, who shall have a combined vote of one, three	1666
representatives of the state association of county veterans	1667
service officers, who shall have a combined vote of one, one	1668
representative of the county commissioners association of Ohio,	1669
who shall be a county commissioner not from the same county as any	1670
of the other county representatives, a representative of the	1671
advisory committee on women veterans, a representative of a labor	1672
organization, and a representative of the office of the attorney	1673
general. The department of veterans services shall submit to the	1674
advisory committee proposed rules for the committee's operation.	1675
The committee may review and revise these proposed rules prior to	1676
submitting them to the joint committee on agency rule review.	1677

(K) Adopting, with the advice and assistance of the veterans	1678
advisory committee, policy and procedural guidelines that the	1679
veterans service commissions shall adhere to in the development	1680
and implementation of rules, policies, procedures, and guidelines	1681
for the administration of Chapter 5901. of the Revised Code. The	1682
department of veterans services shall adopt no guidelines or rules	1683
regulating the purposes, scope, duration, or amounts of financial	1684
assistance provided to applicants pursuant to sections 5901.01 to	1685
5901.15 of the Revised Code. The director of veterans services may	1686
obtain opinions from the office of the attorney general regarding	1687
rules, policies, procedures, and guidelines of the veterans	1688
service commissions and may enforce compliance with Chapter 5901.	1689
of the Revised Code.	1690

(L) Receiving copies of form DD214 filed in accordance with	1691
the director's guidelines adopted under division (L) of this	1692
section from members of veterans service commissions appointed	1693
under section 5901.02 and from county veterans service officers	1694
employed under section 5901.07 of the Revised Code;	1695

(M) Developing and maintaining and improving a resource, such	1696
as a telephone answering point or a web site, by means of which	1697
veterans and their dependents, through a single portal, can access	1698
multiple sources of information and interaction with regard to the	1699
rights of, and the benefits available to, veterans and their	1700
dependents. The director of veterans services may enter into	1701
agreements with state and federal agencies, with agencies of	1702
political subdivisions, with state and local instrumentalities,	1703
and with private entities as necessary to make the resource as	1704
complete as is possible.	1705

(N) Planning, organizing, advertising, and conducting	1706
outreach efforts, such as conferences and fairs, at which veterans	1707
and their dependents may meet, learn about the organization and	1708
operation of the department of veterans services and of veterans	1709
service commissions, and obtain information about the rights of,	1710
and the benefits and services available to, veterans and their	1711
dependents;	1712

(O) Advertising, in print, on radio and television, and	1713
otherwise, the rights of, and the benefits and services available	1714
to, veterans and their dependents;	1715

(P) Developing and advocating improved benefits and services	1716
for, and improved delivery of benefits and services to, veterans	1717
and their dependents;	1718

(Q) Searching for, identifying, and reviewing statutory and	1719
administrative policies that relate to veterans and their	1720
dependents and reporting to the general assembly statutory and	1721
administrative policies that should be consolidated in whole or in	1722
part within the organization of the department of veterans	1723
services to unify funding, delivery, and accounting of statutory	1724
and administrative policy expressions that relate particularly to	1725
veterans and their dependents;	1726

(R) Encouraging veterans service commissions to innovate and	1727
otherwise to improve efficiency in delivering benefits and	1728
services to veterans and their dependents and to report successful	1729
innovations and efficiencies to the director of veterans services;	1730

(S) Publishing and encouraging adoption of successful	1731
innovations and efficiencies veterans service commissions have	1732
achieved in delivering benefits and services to veterans and their	1733
dependents;	1734

(T) Establishing advisory committees, in addition to the	1735
veterans advisory committee established under division (K) of this	1736
section, on veterans issues;	1737

(U) Developing and maintaining a relationship with the United	1738
States department of veterans affairs, seeking optimal federal	1739
benefits and services for Ohio veterans and their dependents, and	1740
encouraging veterans service commissions to maximize the federal	1741
benefits and services to which veterans and their dependents are	1742
entitled;	1743

(V) Developing and maintaining relationships with the several	1744
veterans organizations, encouraging the organizations in their	1745
efforts at assisting veterans and their dependents, and advocating	1746
for adequate state subsidization of the organizations;	1747

(W) Requiring the several veterans organizations that receive	1748
funding from the state annually, not later than the thirtieth day	1749
of July, to report to the director of veterans services and	1750
prescribing the form and content of the report;	1751

(X) Reviewing the reports submitted to the director under	1752
division (W) of this section within thirty days of receipt and	1753
informing the veterans organization of any deficiencies that exist	1754
in the organization's report and that funding will not be released	1755
until the deficiencies have been corrected and a satisfactory	1756
report submitted;	1757

(Y) Advising the director of budget and management when a	1758
report submitted to the director under division (W) of this	1759
section has been reviewed and determined to be satisfactory;	1760

(Z) Furnishing copies of all reports that the director of	1761
veterans services has determined have been submitted	1762
satisfactorily under division (W) of this section to the	1763
chairperson of the finance committees of the general assembly;	1764

(AA) Investigating complaints against county veterans	1765
services commissioners and county veterans service officers if the	1766
director reasonably believes the investigation to be appropriate	1767
and necessary;	1768

(BB) Developing and maintaining a web site that is accessible	1769
by veterans and their dependents and provides a link to the web	1770
site of each state agency that issues a license, certificate, or	1771
other authorization permitting an individual to engage in an	1772
occupation or occupational activity;	1773

(CC) Encouraging state agencies to conduct outreach efforts	1774
through which veterans and their dependents can learn about	1775
available job and education benefits;	1776

(DD) Informing state agencies about changes in statutes and	1777
rules that affect veterans and their dependents;	1778

(EE) Assisting licensing agencies in adopting rules under	1779
section 5903.03 of the Revised Code;	1780

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

1781

Sec. 5903.01. As used in this chapter:

1782

"Armed forces" means the armed forces of the United States,	1783
including the army, navy, air force, marine corps, coast guard, or	1784
any reserve components of those forces; the national guard of any	1785
state; the commissioned corps of the United States public health	1786
service; the merchant marine service during wartime; such other	1787
service as may be designated by congress; or the Ohio organized	1788
militia when engaged in full-time national guard duty for a period	1789
of more than thirty days.	1790

"License" means a license, certificate, permit, or other	1791
authorization issued or conferred by a licensing agency under	1792
which a licensee may engage in a profession, occupation, or	1793
occupational activity.	1794

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

1795

(A) The person has been issued a license by a licensing	1796
agency.	1797

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

1798

(C) The person has served on active duty, whether inside or	1799
outside the United States, for a period in excess of thirty-one	1800
days.	1801

"Licensing agency" means any state department, division,	1802
board, commission, agency, or other state governmental unit	1803
authorized by the Revised Code to issue a license.	1804

"Service member" means any person who is serving in the armed	1805
forces.	1806

"Merchant marine" includes the United States army transport	1807
service and the United States naval transport service.	1808

"Veteran" means any person who has completed service in the	1809
armed forces, including the national guard of any state, or a	1810
reserve component of the armed forces, who has been discharged	1811
under honorable conditions from the armed forces or who has been	1812
transferred to the reserve with evidence of satisfactory service.	1813

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

1814

~~(1) "License" and "licensing agency" have the meanings~~	1815
~~defined in section 5903.12 of the Revised Code.~~	1816

~~(2) "Military~~, "military program of training" means a	1817
training program of the armed forces ~~of the United States or a~~	1818
~~reserve component of the armed forces of the United States,~~	1819
~~including the Ohio national guard or the national guard of any~~	1820
~~other state~~.	1821

(B) Notwithstanding any provision of the Revised Code to the	1822
contrary, a licensing agency shall consider an applicant for a	1823
license:	1824

(1) To have met the educational requirement for that license	1825
if the applicant has completed a military program of training and	1826
has been awarded a military primary specialty at a level that is	1827
substantially equivalent to or exceeds the educational requirement	1828
for that license; and	1829

(2) To have met the experience requirement for that license	1830
if the applicant has served in that military primary specialty	1831
under honorable conditions for a period of time that is	1832
substantially equivalent to or exceeds the experience requirement	1833
for that license.	1834

(C) Each licensing agency, not later than June 30, 2014,	1835
shall adopt rules under Chapter 119. of the Revised Code regarding	1836
which military programs of training, military primary specialties,	1837
and lengths of service are substantially equivalent to or exceed	1838
the educational and experience requirements for each license that	1839
agency issues.	1840

Sec. 5903.04. Each licensing agency shall adopt rules under	1841
Chapter 119. of the Revised Code to establish and implement all of	1842
the following:	1843

(A) A process to obtain from each applicant documentation and	1844
additional information necessary to determine if the applicant is	1845
a service member or veteran, or the spouse or surviving spouse of	1846
a service member or veteran;	1847

(B) A process to record, track, and monitor applications that	1848
have been received from a service member, veteran, or the spouse	1849
or surviving spouse of a service member or veteran; and	1850

(C) A process to prioritize and expedite certification or	1851
licensing for each applicant who is a service member, veteran, or	1852
the spouse or a surviving spouse of a service member or veteran.	1853

In establishing these processes, the licensing agency shall	1854
include any special accommodations that may be appropriate for	1855
applicants facing imminent deployment.	1856

Sec. 5903.05. A licensing agency shall apply for approval to	1857
the state approving agency at the Ohio department of veterans	1858
services as required under 38 U.S.C. 3672(a) to enable an eligible	1859
person or veteran to receive education benefits through the United	1860
States department of veterans affairs.	1861

Sec. 5903.10. (A) A holder of an expired license or	1862
certificate from this state or any political subdivision or agency	1863
of the state to practice a trade or profession shall be granted a	1864
renewal of the license or certificate by the issuing board or	1865
authority at the usual cost without penalty and without	1866
re-examination if not otherwise disqualified because of mental or	1867
physical disability and if either of the following applies:	1868

(1) The license or certificate was not renewed because of the	1869
holder's service in the armed forces ~~of the United States or a~~	1870
~~reserve component of the armed forces of the United States,~~	1871
~~including the Ohio national guard or the national guard of any~~	1872
~~other state~~.	1873

(2) The license or certificate was not renewed because the	1874
holder's spouse served in the armed forces of the United States or	1875
a reserve component of the armed forces ~~of the United States,~~	1876
~~including the Ohio national guard or the national guard of any~~	1877
~~other state,~~ and the service resulted in the holder's absence from	1878
this state.	1879

(B) A renewal shall not be granted under division (A) of this	1880
section unless the holder or the holder's spouse, whichever is	1881
applicable, has presented satisfactory evidence of the service	1882
member's discharge under honorable conditions or release under	1883
honorable conditions from active duty or national guard duty	1884
within six months after the discharge or release.	1885

Sec. 5903.11. (A) Any federally funded employment and	1886
training program administered by any state agency including, but	1887
not limited to, the "Workforce Investment Act of 1998," 112 Stat.	1888
936, codified in scattered sections of 29 U.S.C., as amended,	1889
shall include a veteran priority system to provide maximum	1890
employment and training opportunities to veterans and eligible	1891
persons within each targeted group as established by federal law	1892
and state and federal policy in the service area. Disabled	1893
veterans, veterans of the Vietnam era, other veterans, and	1894
eligible persons shall receive preference over nonveterans within	1895
each targeted group in the provision of employment and training	1896
services available through these programs as required by this	1897
section.	1898

(B) Each state agency shall refer qualified applicants to job	1899
openings and training opportunities in programs described in	1900
division (A) of this section in the following order of priority:	1901

(1) Special disabled veterans;

1902

(2) Veterans of the Vietnam era;

1903

(3) Disabled veterans;

1904

(4) All other veterans;

1905

(5) Other eligible persons;

1906

(6) Nonveterans.

1907

(C) Each state agency providing employment and training	1908
services to veterans and eligible persons under programs described	1909
in division (A) of this section shall submit an annual written	1910
report to the speaker of the house of representatives and the	1911
president of the senate on the services that it provides to	1912
veterans and eligible persons. Each such agency shall report	1913
separately on all entitlement programs, employment or training	1914
programs, and any other programs that it provides to each class of	1915
persons described in divisions (B)(1) to (6) of this section. Each	1916
such agency shall also report on action taken to ensure compliance	1917
with statutory requirements. Compliance and reporting procedures	1918
shall be in accordance with the reporting procedures then in	1919
effect for all employment and training programs described in	1920
division (A) of this section, with the addition of veterans as a	1921
separate reporting module.	1922

(D) All state agencies that administer federally funded	1923
employment and training programs described in division (A) of this	1924
section for veterans and eligible persons shall do all of the	1925
following:	1926

(1) Ensure that veterans are treated with courtesy and	1927
respect at all state governmental facilities;	1928

(2) Give priority in referral to jobs to qualified veterans	1929
and other eligible persons;	1930

(3) Give priority in referral to and enrollment in training	1931
programs to qualified veterans and other eligible persons;	1932

(4) Give preferential treatment to special disabled veterans	1933
in the provision of all needed state services;	1934

(5) Provide information and effective referral assistance to	1935
veterans and other eligible persons regarding needed benefits and	1936
services that may be obtained through other agencies.	1937

(E) As used in this section:

1938

(1) "Special disabled veteran" means a veteran who is	1939
entitled to, or who but for the receipt of military pay would be	1940
entitled to, compensation under any law administered by the	1941
department of veterans affairs for a disability rated at thirty	1942
per cent or more or a person who was discharged or released from	1943
active duty because of a service-connected disability.	1944

(2) "Veteran of the Vietnam era" means an eligible veteran	1945
who served on active duty for a period of more than one hundred	1946
eighty days, any part of which occurred from August 5, 1964,	1947
through May 7, 1975, and was discharged or released therefrom with	1948
other than a dishonorable discharge or a person who was discharged	1949
or released from active duty for a service-connected disability if	1950
any part of the active duty was performed from August 5, 1964,	1951
through May 7, 1975.	1952

(3) "Disabled veteran" means a veteran who is entitled to, or	1953
who but for the receipt of military retirement pay would be	1954
entitled to compensation, under any law administered by the	1955
department of veterans affairs and who is not a special disabled	1956
veteran.	1957

(4) "Eligible veteran" means a person who served on active	1958
duty for more than one hundred eighty days and was discharged or	1959
released from active duty with other than a dishonorable discharge	1960
or a person who was discharged or released from active duty	1961
because of a service-connected disability.	1962

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

1963

(a) The spouse of any person who died of a service-connected	1964
disability;	1965

(b) The spouse of any member of the armed forces serving on	1966
active duty who at the time of the spouse's application for	1967
assistance under any program described in division (A) of this	1968
section is listed pursuant to the "Act of September 6, 1966," 80	1969
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant	1970
thereto, as having been in one or more of the following categories	1971
for a total of ninety or more days:	1972

(i) Missing in action;

1973

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

1974

(iii) Forcibly detained or interned in line of duty by a	1975
foreign government or power.	1976

(c) The spouse of any person who has a total disability	1977
permanent in nature resulting from a service-connected disability	1978
or the spouse of a veteran who died while such a disability was in	1979
existence.	1980

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

1981

~~(a) Any person~~a veteran as defined in section 5903.01 of the	1982
Revised Code who was a member of the armed forces of the United	1983
States for a period of one hundred eighty days or more or; a	1984
person who was discharged or released from active duty because of	1985
a service-connected disability;	1986

~~(b) A~~or a person who served as a member of the United States	1987
merchant marine and to whom either of the following applies:	1988

~~(i)~~(a) The person has an honorable report of separation from	1989
active duty military service, form DD214 or DD215.; or	1990

~~(ii)~~(b) The person served in the United States merchant	1991
marine between December 7, 1941, and December 31, 1946, and died	1992
on active duty while serving in a war zone during that period of	1993
service.	1994

(7) ~~"Armed forces of the United States" means the army, air~~	1995
~~force, navy, marine corps, coast guard, and any other military~~	1996
~~service branch that is designated by congress as a part of the~~	1997
~~armed forces of the United States.~~	1998

~~(8)~~ "Employment program" means a program which provides	1999
referral of individuals to employer job openings in the federal,	2000
state, or private sector.	2001

~~(9)~~(8) "Training program" means any program that upgrades the	2002
employability of qualified applicants.	2003

~~(10)~~(9) "Entitlement program" means any program that enlists	2004
specific criteria in determining eligibility, including but not	2005
limited to the existence in special segments of the general	2006
population of specific financial needs.	2007

~~(11)~~(10) "Targeted group" means a group of persons designated	2008
by federal law or regulations or by state law to receive special	2009
assistance under an employment and training program described in	2010
division (A) of this section.	2011

~~(12) "United States merchant marine" includes the United~~	2012
~~States army transport service and the United States naval~~	2013
~~transport service.~~	2014

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

2015

~~(1)~~ "Continuing education" means continuing education	2016
required of a licensee by law and includes, but is not limited to,	2017
the continuing education required of licensees under sections	2018
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,	2019
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141,	2020
4736.11, 4741.16, 4741.19, 4751.07, 4755.63, 4757.33, 4759.06,	2021
4761.06, and 4763.07 of the Revised Code.	2022

~~(2) "License" means a license, certificate, permit, or other~~	2023
~~authorization issued or conferred by a licensing agency under~~	2024
~~which a licensee may engage in a profession, occupation, or~~	2025
~~occupational activity.~~	2026

~~(3) "Licensee" means a person to whom all of the following~~	2027
~~apply:~~	2028

~~(a) The person has been issued a license by a licensing~~	2029
~~agency.~~	2030

~~(b) The person has been a member of the armed forces of the~~	2031
~~United States, the Ohio national guard, the Ohio military reserve,~~	2032
~~the Ohio naval militia, the national guard of any other state, or~~	2033
~~a reserve component of the armed forces of the United States~~.	2034

~~(c) The person has served on active duty, whether inside or~~	2035
~~outside the United States, for a period in excess of thirty-one~~	2036
~~days.~~	2037

~~(4) "Licensing agency" means any state department, division,~~	2038
~~board, commission, agency, or other state governmental unit~~	2039
~~authorized by the Revised Code to issue a license.~~	2040

~~(5)~~ "Reporting period" means the period of time during which	2041
a licensee must complete the number of hours of continuing	2042
education required of the licensee by law.	2043

(B) A licensee may submit an application to a licensing	2044
agency, stating that the licensee requires an extension of the	2045
current reporting period because the licensee has served on active	2046
duty ~~as described in division (A)(3)(c) of this section~~ during the	2047
current or a prior reporting period. The licensee shall submit	2048
proper documentation certifying the active duty service and the	2049
length of that active duty service. Upon receiving the application	2050
and proper documentation, the licensing agency shall extend the	2051
current reporting period by an amount of time equal to the total	2052
number of months that the licensee spent on active duty during the	2053
current reporting period. For purposes of this division, any	2054
portion of a month served on active duty shall be considered one	2055
full month.	2056

Sec. 5903.121. A "licensing agency~~," as defined in section~~	2057
~~5903.12 of the Revised Code,~~ shall consider relevant education,	2058
training, or service completed by a licensee as a member of the	2059
armed forces ~~of the United States or reserve components thereof,~~	2060
~~the Ohio national guard, the Ohio military reserve, the Ohio~~	2061
~~naval militia, or the national guard of any other state~~ in	2062
determining whether a licensee has fulfilled required continuing	2063
education.	2064

Sec. 5903.15. (A) As used in this section "employer" means	2065
any person who has one or more employees. "Employer" includes an	2066
agent of an employer but does not include the state or any agency	2067
of the state, and any municipal corporation, county, township,	2068
school district, or other political subdivision or any agency or	2069
instrumentality thereof.	2070

(B) An employer may adopt a policy to provide a preference	2071
for employment decisions, including hiring, promotion, or	2072
retention during a reduction in force, to a service member,	2073
veteran, or the spouse or a surviving spouse of a service member	2074
or veteran.	2075

(C) A preference provided under division (B) of this section	2076
is not a violation of any state or local equal employment	2077
opportunity law. The unlawful discriminatory practices as defined	2078
in section 4112.02 of the Revised Code do not make it unlawful for	2079
an employer implementing a policy under this section to obtain	2080
information about an applicant's military status for the purpose	2081
of determining if the applicant is eligible for the preference	2082
provided under this policy.	2083

(D) If an employer elects to adopt a policy described in	2084
division (B) of this section, the employer may notify the Ohio	2085
department of job and family services. The department of job and	2086
family services shall maintain a registry of employers that have a	2087
voluntary veterans' preference employment policy as described in	2088
this section, which shall be available to the public on the web	2089
site maintained by the department. The department of veterans	2090
services shall make available on the department's web site a link	2091
to the registry.	2092

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

2093

(1) "Armed forces of the United States" ~~has the same meaning~~	2094
~~as in section 5903.11 of the Revised Code~~means the army, air	2095
force, navy, marine corps, coast guard, and any other military	2096
service branch that is designated by congress as a part of the	2097
armed forces of the United States.	2098

(2) "Domiciliary" means a separate area within the Ohio	2099
veterans' home providing domiciliary care.	2100

(3) "Domiciliary care" means providing shelter, food, and	2101
necessary medical care on an ambulatory self-care basis to	2102
eligible veterans who do not need the nursing services provided in	2103
nursing homes.	2104

(4) "Nursing home" has the same meaning as in section 3721.01	2105
of the Revised Code.	2106

(5) "Veteran" has the same meaning as in section 5901.01 of	2107
the Revised Code.	2108

(B) There are hereby established the Ohio veterans' homes	2109
within the department of veterans services. The department shall	2110
maintain and operate state veterans' homes as administered under	2111
the state veterans' home programs defined in Title 38 of the	2112
United States Code.	2113

Sec. 5907.04. ~~Subject~~As used in this section, "armed forces	2114
of the United States" means the army, air force, navy, marine	2115
corps, coast guard, and any other military service branch that is	2116
designated by congress as a part of the armed forces of the United	2117
States.	2118

Subject to the following paragraph, all veterans, who served	2119
during a period of conflict as determined by the United States	2120
department of veterans affairs or any person who is awarded either	2121
the armed forces expeditionary medal established by presidential	2122
executive order 10977 dated December 4, 1961, or the Vietnam	2123
service medal established by presidential executive order 11231	2124
dated July 8, 1965, who have been honorably discharged or	2125
separated under honorable conditions therefrom, or any discharged	2126
members of the Polish and Czechoslovakian armed forces who served	2127
in armed conflict with an enemy of the United States in World War	2128
II who have been citizens of the United States for at least ten	2129
years, provided that the above-mentioned persons have been	2130
citizens of this state for one year or more at the date of making	2131
application for admission, are disabled by disease, wounds, or	2132
otherwise, and are by reason of such disability incapable of	2133
earning their living, and all members of the Ohio national guard	2134
or naval militia who have lost an arm or leg, or their sight, or	2135
become permanently disabled from any cause, while in the line and	2136
discharge of duty, and are not able to support themselves, may be	2137
admitted to a veterans' home under such rules as the director of	2138
veterans services adopts.	2139

A veteran who served in the armed forces of the United States	2140
~~as defined in division (E)(7) of section 5903.11 of the Revised~~	2141
~~Code~~ is eligible for admission to a veterans' home under the	2142
preceding paragraph only if the person has the characteristics	2143
defined in division (B)(1) of section 5901.01 of the Revised Code.	2144

Veterans' homes may reserve a bed during the temporary	2145
absence of a resident or patient from the home, including a	2146
nursing home within it, under conditions prescribed by the	2147
director, to include hospitalization for an acute condition,	2148
visits with relatives and friends, and participation in	2149
therapeutic programs outside the home. A home shall not reserve a	2150
bed for more than thirty days, except that absences for more than	2151
thirty days due to hospitalization may be authorized.	2152

Section 2. That existing sections 1306.20, 2913.01, 2913.02,	2153
2913.43, 2913.49, 2913.61, 3307.01, 3333.28, 4729.12, 4729.13,	2154
4729.15, 4731.36, 4743.04, 5902.02, 5903.03, 5903.10, 5903.11,	2155
5903.12, 5903.121, 5907.01, and 5907.04 of the Revised Code are	2156
hereby repealed.	2157

Section 3. The Director of Veterans Services shall implement	2158
divisions (BB) to (EE) of section 5902.02 of the Revised Code not	2159
later than December 31, 2014.	2160

Section 4. A licensing agency that is required to adopt	2161
rules under section 5903.04 of the Revised Code shall adopt	2162
initial rules not later than December 31, 2014.	2163

Section 5. State agencies that are required to apply for	2164
approval to the State Approving Agency at the Ohio Department of	2165
Veterans Services under section 5903.05 of the Revised Code shall	2166
do so initially not later than December 31, 2014.	2167

Section 6. The Chancellor of the Ohio Board of Regents shall	2168
prepare a report describing the progress made by state	2169
institutions of higher education toward implementation of this act	2170
by the Chancellor and by state institutions of higher education.	2171
The report shall include recommendations and ideas on how to	2172
integrate service members and veterans into the campus environment	2173
and how to promote academic achievement among service members and	2174
veterans in order to better prepare service members and the	2175
veterans to enter the workforce. The Chancellor, within six months	2176
after the effective date of this section, shall deliver the report	2177
to the General Assembly under division (B) of section 101.68 of	2178
the Revised Code.	2179

Section 7. Section 4731.36 of the Revised Code is presented	2180
in this act as a composite of the section as amended by both Sub.	2181
H.B. 251 and Sub. S.B. 141 of the 129th General Assembly. The	2182
General Assembly, applying the principle stated in division (B) of	2183
section 1.52 of the Revised Code that amendments are to be	2184
harmonized if reasonably capable of simultaneous operation, finds	2185
that the composite is the resulting version of the section in	2186
effect prior to the effective date of the section as presented in	2187
this act.	2188

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Bill Text: OH HB488 | 2013-2014 | 130th General Assembly | Engrossed

Ohio House Bill 488 (Prior Session Legislation)

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