As Reported by the Senate Public Safety, Local Government and Veterans Affairs

130th General Assembly Regular Session 2013-2014

Sub. H. B. No. 488

Representatives Dovilla, Landis 

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

Senators Tavares, Brown, LaRose, Schaffer, Uecker 

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A BILL

To amend sections 1306.20, 2913.01, 2913.02, 2913.43,

1

2913.49, 2913.61, 3333.28, 4729.12, 4729.13,

2

4729.15, 4731.36, 4743.04, 5902.02, 5903.03,

3

5903.10, 5903.11, 5903.12, 5903.121, 5907.01, and

4

5907.04 and to enact sections 2305.112, 2307.611,

5

3333.164, 3345.42, 3345.421, 3345.422, 3345.423,

6

3345.424, 5903.01, 5903.04, 5903.05, and 5903.15

7

of the Revised Code to require state institutions

8

of higher education to award credit for military

9

training, to increase penalties for certain theft,

10

deception, and identity fraud offenses when the

11

victim is an active duty service member, to allow

12

for a civil action for victims of identity fraud,

13

and to make other changes regarding state support

14

and benefits for veterans and their spouses.

15

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

Section 1.  That sections 1306.20, 2913.01, 2913.02, 2913.43,	16
2913.49, 2913.61, 3333.28, 4729.12, 4729.13, 4729.15, 4731.36,	17
4743.04, 5902.02, 5903.03, 5903.10, 5903.11, 5903.12, 5903.121,	18
5907.01, and 5907.04 be amended and sections 2305.112, 2307.611,	19
3333.164, 3345.42, 3345.421, 3345.422, 3345.423, 3345.424,	20
5903.01, 5903.04, 5903.05, and 5903.15 of the Revised Code be	21
enacted to read as follows:	22

Sec. 1306.20.  (A) Subject to section 1306.11 of the Revised	23
Code, each state agency shall determine if, and the extent to	24
which, it will send and receive electronic records and electronic	25
signatures to and from other persons and otherwise create,	26
generate, communicate, store, process, use, and rely upon	27
electronic records and electronic signatures.	28

(B)(1) Subject to division (B)(2) of this section, a state	29
agency may waive a requirement in the Revised Code, other than a	30
requirement in sections 1306.01 to 1306.15 of the Revised Code,	31
that relates to any of the following:	32

(a) The method of posting or displaying records;

33

(b) The manner of sending, communicating, or transmitting	34
records;	35

(c) The manner of formatting records.

36

(2) A state agency may exercise its authority to waive a	37
requirement under division (B)(1) of this section only if the	38
following apply:	39

(a) The requirement relates to a matter over which the state	40
agency has jurisdiction;	41

(b) The waiver is consistent with criteria set forth in rules	42
adopted by the state agency. The criteria, to the extent	43
reasonable under the circumstances, shall contain standards to	44
facilitate the use of electronic commerce by persons under the	45
jurisdiction of the state agency consistent with rules adopted by	46
the department of administrative services pursuant to division (A)	47
of section 1306.21 of the Revised Code.	48

(C) If a state agency creates, uses, receives, or retains	49
electronic records, both of the following apply:	50

(1) Any rules adopted by a state agency relating to	51
electronic records shall be consistent with rules adopted by the	52
department of administrative services pursuant to division (A) of	53
section 1306.21 of the Revised Code.	54

(2) Each state agency shall create, use, receive, and retain	55
electronic records in accordance with section 149.40 of the	56
Revised Code.	57

(D) If a state agency creates, uses, or receives electronic	58
signatures, the state agency shall create, use, or receive the	59
signatures in accordance with rules adopted by the department of	60
administrative services pursuant to division (A) of section	61
1306.21 of the Revised Code.	62

(E)(1) To the extent a state agency retains an electronic	63
record, the state agency may retain a record in a format that is	64
different from the format in which the record was originally	65
created, used, sent, or received only if it can be demonstrated	66
that the alternative format used accurately and completely	67
reflects the record as it was originally created, used, sent, or	68
received.	69

(2) If a state agency in retaining any set of electronic	70
records pursuant to division (E)(1) of this section alters the	71
format of the records, the state agency shall create a certificate	72
of authenticity for each set of records that is altered.	73

(3) The department of administrative services, in	74
consultation with the state archivist, shall adopt rules in	75
accordance with section 111.15 of the Revised Code that establish	76
the methods for creating certificates of authenticity pursuant to	77
division (E)(2) of this section.	78

(F) Whenever any rule of law requires or authorizes the	79
filing of any information, notice, lien, or other document or	80
record with any state agency, a filing made by an electronic	81
record shall have the same force and effect as a filing made on	82
paper in all cases where the state agency has authorized or agreed	83
to such electronic filing and the filing is made in accordance	84
with applicable rules or agreement.	85

(G) Nothing in sections 1306.01 to 1306.23 of the Revised	86
Code shall be construed to require any state agency to use or	87
permit the use of electronic records and electronic signatures.	88

(H)(1) Notwithstanding division (C)(1) or (D) of this	89
section, any state agency that, prior to the effective date of	90
this sectionSeptember 14, 2000, used or permitted the use of	91
electronic records or electronic signatures pursuant to laws	92
enacted, rules adopted, or agency policies adopted before the	93
effective date of this sectionSeptember 14, 2000, may use or	94
permit the use of electronic records or electronic signatures	95
pursuant to those previously enacted laws, adopted rules, or	96
adopted policies for a period of two years after the effective	97
date of this sectionSeptember 14, 2000.	98

(2) Subject to division (H)(3) of this section, after the	99
two-year period described in division (H)(1) of this section has	100
concluded, all state agencies that use or permit the use of	101
electronic records or electronic signatures before the effective	102
date of this sectionSeptember 14, 2000, shall only use or permit	103
the use of electronic records or electronic signatures consistent	104
with rules adopted by the department of administrative services	105
pursuant to division (A) of section 1306.21 of the Revised Code.	106

(3) After the two-year period described in division (H)(1) of	107
this section has concluded, the department of administrative	108
services may permit a state agency to use electronic records or	109
electronic signatures that do not comply with division (H)(2) of	110
this section, if the state agency files a written request with the	111
department.	112

(I) For the purposes of this section, "state agency" means	113
every organized body, office, or agency established by the laws of	114
the state for the exercise of any function of state government,	115
but does not include the general assembly, any legislative agency,	116
the supreme court, the other courts of record in this state, or	117
any judicial agency, or any state university identified in section	118
3345.011 of the Revised Code, or the northeast Ohio medical	119
university.	120

(J) A state university identified in section 3345.011 of the	121
Revised Code, and the northeast Ohio medical university, that uses	122
or permits the use of electronic records or electronic signatures	123
on the effective date of this amendment, shall, within six months	124
after the effective date of this amendment, adopt rules in	125
accordance with section 111.15 of the Revised Code to provide for	126
the use or permission to use electronic records or electronic	127
signatures. A state university identified in section 3345.011 of	128
the Revised Code, and the northeast Ohio medical university, if	129
not using or permitting the use of electronic records or	130
electronic signatures on the effective date of this amendment,	131
shall adopt rules in accordance with section 111.15 of the Revised	132
Code when it elects to begin using or permitting the use of	133
electronic records or electronic signatures.	134

Sec. 2305.112.  A civil action brought pursuant to division	135
(A) of section 2307.60 of the Revised Code when the person filing	136
the action is injured in person or property by a violation of	137
division (B), (D), or (E) of section 2913.49 of the Revised Code	138
shall be commenced within five years from the date on which the	139
identity of the offender was discovered or reasonably should have	140
been discovered.	141

Sec. 2307.611.  A person who brings a civil action pursuant	142
to division (A) of section 2307.60 of the Revised Code to recover	143
damages from any person who caused injury to person or property by	144
a violation of division (B), (D), or (E) of section 2913.49 of the	145
Revised Code may recover damages up to five thousand dollars for	146
each violation or three times the amount of actual damages,	147
whichever is greater, and reasonable attorney's fees.	148

Sec. 2913.01.  As used in this chapter, unless the context	149
requires that a term be given a different meaning:	150

(A) "Deception" means knowingly deceiving another or causing	151
another to be deceived by any false or misleading representation,	152
by withholding information, by preventing another from acquiring	153
information, or by any other conduct, act, or omission that	154
creates, confirms, or perpetuates a false impression in another,	155
including a false impression as to law, value, state of mind, or	156
other objective or subjective fact.	157

(B) "Defraud" means to knowingly obtain, by deception, some	158
benefit for oneself or another, or to knowingly cause, by	159
deception, some detriment to another.	160

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

161

(1) Withhold property of another permanently, or for a period	162
that appropriates a substantial portion of its value or use, or	163
with purpose to restore it only upon payment of a reward or other	164
consideration;	165

(2) Dispose of property so as to make it unlikely that the	166
owner will recover it;	167

(3) Accept, use, or appropriate money, property, or services,	168
with purpose not to give proper consideration in return for the	169
money, property, or services, and without reasonable justification	170
or excuse for not giving proper consideration.	171

(D) "Owner" means, unless the context requires a different	172
meaning, any person, other than the actor, who is the owner of,	173
who has possession or control of, or who has any license or	174
interest in property or services, even though the ownership,	175
possession, control, license, or interest is unlawful.	176

(E) "Services" include labor, personal services, professional	177
services, rental services, public utility services including	178
wireless service as defined in division (F)(1) of section 128.01	179
of the Revised Code, common carrier services, and food, drink,	180
transportation, entertainment, and cable television services and,	181
for purposes of section 2913.04 of the Revised Code, include cable	182
services as defined in that section.	183

(F) "Writing" means any computer software, document, letter,	184
memorandum, note, paper, plate, data, film, or other thing having	185
in or upon it any written, typewritten, or printed matter, and any	186
token, stamp, seal, credit card, badge, trademark, label, or other	187
symbol of value, right, privilege, license, or identification.	188

(G) "Forge" means to fabricate or create, in whole or in part	189
and by any means, any spurious writing, or to make, execute,	190
alter, complete, reproduce, or otherwise purport to authenticate	191
any writing, when the writing in fact is not authenticated by that	192
conduct.	193

(H) "Utter" means to issue, publish, transfer, use, put or	194
send into circulation, deliver, or display.	195

(I) "Coin machine" means any mechanical or electronic device	196
designed to do both of the following:	197

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

198

(2) In return for the insertion or deposit of a coin, bill,	199
or token, automatically dispense property, provide a service, or	200
grant a license.	201

(J) "Slug" means an object that, by virtue of its size,	202
shape, composition, or other quality, is capable of being inserted	203
or deposited in a coin machine as an improper substitute for a	204
genuine coin, bill, or token made for that purpose.	205

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

206

(1) A violation of section 2911.01, 2911.02, 2911.11,	207
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	208
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	209
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	210
2913.47, 2913.48, former section 2913.47 or 2913.48, or section	211
2913.51, 2915.05, or 2921.41 of the Revised Code;	212

(2) A violation of an existing or former municipal ordinance	213
or law of this or any other state, or of the United States,	214
substantially equivalent to any section listed in division (K)(1)	215
of this section or a violation of section 2913.41, 2913.81, or	216
2915.06 of the Revised Code as it existed prior to July 1, 1996;	217

(3) An offense under an existing or former municipal	218
ordinance or law of this or any other state, or of the United	219
States, involving robbery, burglary, breaking and entering, theft,	220
embezzlement, wrongful conversion, forgery, counterfeiting,	221
deceit, or fraud;	222

(4) A conspiracy or attempt to commit, or complicity in	223
committing, any offense under division (K)(1), (2), or (3) of this	224
section.	225

(L) "Computer services" includes, but is not limited to, the	226
use of a computer system, computer network, computer program, data	227
that is prepared for computer use, or data that is contained	228
within a computer system or computer network.	229

(M) "Computer" means an electronic device that performs	230
logical, arithmetic, and memory functions by the manipulation of	231
electronic or magnetic impulses. "Computer" includes, but is not	232
limited to, all input, output, processing, storage, computer	233
program, or communication facilities that are connected, or	234
related, in a computer system or network to an electronic device	235
of that nature.	236

(N) "Computer system" means a computer and related devices,	237
whether connected or unconnected, including, but not limited to,	238
data input, output, and storage devices, data communications	239
links, and computer programs and data that make the system capable	240
of performing specified special purpose data processing tasks.	241

(O) "Computer network" means a set of related and remotely	242
connected computers and communication facilities that includes	243
more than one computer system that has the capability to transmit	244
among the connected computers and communication facilities through	245
the use of computer facilities.	246

(P) "Computer program" means an ordered set of data	247
representing coded instructions or statements that, when executed	248
by a computer, cause the computer to process data.	249

(Q) "Computer software" means computer programs, procedures,	250
and other documentation associated with the operation of a	251
computer system.	252

(R) "Data" means a representation of information, knowledge,	253
facts, concepts, or instructions that are being or have been	254
prepared in a formalized manner and that are intended for use in a	255
computer, computer system, or computer network. For purposes of	256
section 2913.47 of the Revised Code, "data" has the additional	257
meaning set forth in division (A) of that section.	258

(S) "Cable television service" means any services provided by	259
or through the facilities of any cable television system or other	260
similar closed circuit coaxial cable communications system, or any	261
microwave or similar transmission service used in connection with	262
any cable television system or other similar closed circuit	263
coaxial cable communications system.	264

(T) "Gain access" means to approach, instruct, communicate	265
with, store data in, retrieve data from, or otherwise make use of	266
any resources of a computer, computer system, or computer network,	267
or any cable service or cable system both as defined in section	268
2913.04 of the Revised Code.	269

(U) "Credit card" includes, but is not limited to, a card,	270
code, device, or other means of access to a customer's account for	271
the purpose of obtaining money, property, labor, or services on	272
credit, or for initiating an electronic fund transfer at a	273
point-of-sale terminal, an automated teller machine, or a cash	274
dispensing machine. It also includes a county procurement card	275
issued under section 301.29 of the Revised Code.	276

(V) "Electronic fund transfer" has the same meaning as in 92	277
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	278

(W) "Rented property" means personal property in which the	279
right of possession and use of the property is for a short and	280
possibly indeterminate term in return for consideration; the	281
rentee generally controls the duration of possession of the	282
property, within any applicable minimum or maximum term; and the	283
amount of consideration generally is determined by the duration of	284
possession of the property.	285

(X) "Telecommunication" means the origination, emission,	286
dissemination, transmission, or reception of data, images,	287
signals, sounds, or other intelligence or equivalence of	288
intelligence of any nature over any communications system by any	289
method, including, but not limited to, a fiber optic, electronic,	290
magnetic, optical, digital, or analog method.	291

(Y) "Telecommunications device" means any instrument,	292
equipment, machine, or other device that facilitates	293
telecommunication, including, but not limited to, a computer,	294
computer network, computer chip, computer circuit, scanner,	295
telephone, cellular telephone, pager, personal communications	296
device, transponder, receiver, radio, modem, or device that	297
enables the use of a modem.	298

(Z) "Telecommunications service" means the providing,	299
allowing, facilitating, or generating of any form of	300
telecommunication through the use of a telecommunications device	301
over a telecommunications system.	302

(AA) "Counterfeit telecommunications device" means a	303
telecommunications device that, alone or with another	304
telecommunications device, has been altered, constructed,	305
manufactured, or programmed to acquire, intercept, receive, or	306
otherwise facilitate the use of a telecommunications service or	307
information service without the authority or consent of the	308
provider of the telecommunications service or information service.	309
"Counterfeit telecommunications device" includes, but is not	310
limited to, a clone telephone, clone microchip, tumbler telephone,	311
or tumbler microchip; a wireless scanning device capable of	312
acquiring, intercepting, receiving, or otherwise facilitating the	313
use of telecommunications service or information service without	314
immediate detection; or a device, equipment, hardware, or software	315
designed for, or capable of, altering or changing the electronic	316
serial number in a wireless telephone.	317

(BB)(1) "Information service" means, subject to division	318
(BB)(2) of this section, the offering of a capability for	319
generating, acquiring, storing, transforming, processing,	320
retrieving, utilizing, or making available information via	321
telecommunications, including, but not limited to, electronic	322
publishing.	323

(2) "Information service" does not include any use of a	324
capability of a type described in division (BB)(1) of this section	325
for the management, control, or operation of a telecommunications	326
system or the management of a telecommunications service.	327

(CC) "Elderly person" means a person who is sixty-five years	328
of age or older.	329

(DD) "Disabled adult" means a person who is eighteen years of	330
age or older and has some impairment of body or mind that makes	331
the person unable to work at any substantially remunerative	332
employment that the person otherwise would be able to perform and	333
that will, with reasonable probability, continue for a period of	334
at least twelve months without any present indication of recovery	335
from the impairment, or who is eighteen years of age or older and	336
has been certified as permanently and totally disabled by an	337
agency of this state or the United States that has the function of	338
so classifying persons.	339

(EE) "Firearm" and "dangerous ordnance" have the same	340
meanings as in section 2923.11 of the Revised Code.	341

(FF) "Motor vehicle" has the same meaning as in section	342
4501.01 of the Revised Code.	343

(GG) "Dangerous drug" has the same meaning as in section	344
4729.01 of the Revised Code.	345

(HH) "Drug abuse offense" has the same meaning as in section	346
2925.01 of the Revised Code.	347

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

348

(a) Gaining access or attempting to gain access to all or	349
part of a computer, computer system, or a computer network without	350
express or implied authorization with the intent to defraud or	351
with intent to commit a crime;	352

(b) Misusing computer or network services including, but not	353
limited to, mail transfer programs, file transfer programs, proxy	354
servers, and web servers by performing functions not authorized by	355
the owner of the computer, computer system, or computer network or	356
other person authorized to give consent. As used in this division,	357
"misuse of computer and network services" includes, but is not	358
limited to, the unauthorized use of any of the following:	359

(i) Mail transfer programs to send mail to persons other than	360
the authorized users of that computer or computer network;	361

(ii) File transfer program proxy services or proxy servers to	362
access other computers, computer systems, or computer networks;	363

(iii) Web servers to redirect users to other web pages or web	364
servers.	365

(c)(i) Subject to division (II)(1)(c)(ii) of this section,	366
using a group of computer programs commonly known as "port	367
scanners" or "probes" to intentionally access any computer,	368
computer system, or computer network without the permission of the	369
owner of the computer, computer system, or computer network or	370
other person authorized to give consent. The group of computer	371
programs referred to in this division includes, but is not limited	372
to, those computer programs that use a computer network to access	373
a computer, computer system, or another computer network to	374
determine any of the following: the presence or types of computers	375
or computer systems on a network; the computer network's	376
facilities and capabilities; the availability of computer or	377
network services; the presence or versions of computer software	378
including, but not limited to, operating systems, computer	379
services, or computer contaminants; the presence of a known	380
computer software deficiency that can be used to gain unauthorized	381
access to a computer, computer system, or computer network; or any	382
other information about a computer, computer system, or computer	383
network not necessary for the normal and lawful operation of the	384
computer initiating the access.	385

(ii) The group of computer programs referred to in division	386
(II)(1)(c)(i) of this section does not include standard computer	387
software used for the normal operation, administration,	388
management, and test of a computer, computer system, or computer	389
network including, but not limited to, domain name services, mail	390
transfer services, and other operating system services, computer	391
programs commonly called "ping," "tcpdump," and "traceroute" and	392
other network monitoring and management computer software, and	393
computer programs commonly known as "nslookup" and "whois" and	394
other systems administration computer software.	395

(d) The intentional use of a computer, computer system, or a	396
computer network in a manner that exceeds any right or permission	397
granted by the owner of the computer, computer system, or computer	398
network or other person authorized to give consent.	399

(2) "Computer hacking" does not include the introduction of a	400
computer contaminant, as defined in section 2909.01 of the Revised	401
Code, into a computer, computer system, computer program, or	402
computer network.	403

(JJ) "Police dog or horse" has the same meaning as in section	404
2921.321 of the Revised Code.	405

(KK) "Anhydrous ammonia" is a compound formed by the	406
combination of two gaseous elements, nitrogen and hydrogen, in the	407
manner described in this division. Anhydrous ammonia is one part	408
nitrogen to three parts hydrogen (NH3). Anhydrous ammonia by	409
weight is fourteen parts nitrogen to three parts hydrogen, which	410
is approximately eighty-two per cent nitrogen to eighteen per cent	411
hydrogen.	412

(LL) "Assistance dog" has the same meaning as in section	413
955.011 of the Revised Code.	414

(MM) "Federally licensed firearms dealer" has the same	415
meaning as in section 5502.63 of the Revised Code.	416

(NN) "Active duty service member" means any member of the	417
armed forces of the United States performing active duty under	418
title 10 of the United States Code.	419

Sec. 2913.02.  (A) No person, with purpose to deprive the	420
owner of property or services, shall knowingly obtain or exert	421
control over either the property or services in any of the	422
following ways:	423

(1) Without the consent of the owner or person authorized to	424
give consent;	425

(2) Beyond the scope of the express or implied consent of the	426
owner or person authorized to give consent;	427

(3) By deception;

428

(4) By threat;

429

(5) By intimidation.

430

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

431

(2) Except as otherwise provided in this division or division	432
(B)(3), (4), (5), (6), (7), (8), or (9) of this section, a	433
violation of this section is petty theft, a misdemeanor of the	434
first degree. If the value of the property or services stolen is	435
one thousand dollars or more and is less than seven thousand five	436
hundred dollars or if the property stolen is any of the property	437
listed in section 2913.71 of the Revised Code, a violation of this	438
section is theft, a felony of the fifth degree. If the value of	439
the property or services stolen is seven thousand five hundred	440
dollars or more and is less than one hundred fifty thousand	441
dollars, a violation of this section is grand theft, a felony of	442
the fourth degree. If the value of the property or services stolen	443
is one hundred fifty thousand dollars or more and is less than	444
seven hundred fifty thousand dollars, a violation of this section	445
is aggravated theft, a felony of the third degree. If the value of	446
the property or services is seven hundred fifty thousand dollars	447
or more and is less than one million five hundred thousand	448
dollars, a violation of this section is aggravated theft, a felony	449
of the second degree. If the value of the property or services	450
stolen is one million five hundred thousand dollars or more, a	451
violation of this section is aggravated theft of one million five	452
hundred thousand dollars or more, a felony of the first degree.	453

(3) Except as otherwise provided in division (B)(4), (5),	454
(6), (7), (8), or (9) of this section, if the victim of the	455
offense is an elderly person or, disabled adult, active duty	456
service member, or spouse of an active duty service member, a	457
violation of this section is theft from an elderlya person or	458
disabled adultin a protected class, and division (B)(3) of this	459
section applies. Except as otherwise provided in this division,	460
theft from an elderlya person or disabled adultin a protected	461
class is a felony of the fifth degree. If the value of the	462
property or services stolen is one thousand dollars or more and is	463
less than seven thousand five hundred dollars, theft from an	464
elderlya person or disabled adultin a protected class is a	465
felony of the fourth degree. If the value of the property or	466
services stolen is seven thousand five hundred dollars or more and	467
is less than thirty-seven thousand five hundred dollars, theft	468
from an elderlya person or disabled adultin a protected class is	469
a felony of the third degree. If the value of the property or	470
services stolen is thirty-seven thousand five hundred dollars or	471
more and is less than one hundred fifty thousand dollars, theft	472
from an elderlya person or disabled adultin a protected class is	473
a felony of the second degree. If the value of the property or	474
services stolen is one hundred fifty thousand dollars or more,	475
theft from an elderlya person or disabled adultin a protected	476
class is a felony of the first degree.	477

(4) If the property stolen is a firearm or dangerous	478
ordnance, a violation of this section is grand theft. Except as	479
otherwise provided in this division, grand theft when the property	480
stolen is a firearm or dangerous ordnance is a felony of the third	481
degree, and there is a presumption in favor of the court imposing	482
a prison term for the offense. If the firearm or dangerous	483
ordnance was stolen from a federally licensed firearms dealer,	484
grand theft when the property stolen is a firearm or dangerous	485
ordnance is a felony of the first degree. The offender shall serve	486
a prison term imposed for grand theft when the property stolen is	487
a firearm or dangerous ordnance consecutively to any other prison	488
term or mandatory prison term previously or subsequently imposed	489
upon the offender.	490

(5) If the property stolen is a motor vehicle, a violation of	491
this section is grand theft of a motor vehicle, a felony of the	492
fourth degree.	493

(6) If the property stolen is any dangerous drug, a violation	494
of this section is theft of drugs, a felony of the fourth degree,	495
or, if the offender previously has been convicted of a felony drug	496
abuse offense, a felony of the third degree.	497

(7) If the property stolen is a police dog or horse or an	498
assistance dog and the offender knows or should know that the	499
property stolen is a police dog or horse or an assistance dog, a	500
violation of this section is theft of a police dog or horse or an	501
assistance dog, a felony of the third degree.	502

(8) If the property stolen is anhydrous ammonia, a violation	503
of this section is theft of anhydrous ammonia, a felony of the	504
third degree.	505

(9) Except as provided in division (B)(2) of this section	506
with respect to property with a value of seven thousand five	507
hundred dollars or more and division (B)(3) of this section with	508
respect to property with a value of one thousand dollars or more,	509
if the property stolen is a special purpose article as defined in	510
section 4737.04 of the Revised Code or is a bulk merchandise	511
container as defined in section 4737.012 of the Revised Code, a	512
violation of this section is theft of a special purpose article or	513
articles or theft of a bulk merchandise container or containers, a	514
felony of the fifth degree.	515

(10) In addition to the penalties described in division	516
(B)(2) of this section, if the offender committed the violation by	517
causing a motor vehicle to leave the premises of an establishment	518
at which gasoline is offered for retail sale without the offender	519
making full payment for gasoline that was dispensed into the fuel	520
tank of the motor vehicle or into another container, the court may	521
do one of the following:	522

(a) Unless division (B)(10)(b) of this section applies,	523
suspend for not more than six months the offender's driver's	524
license, probationary driver's license, commercial driver's	525
license, temporary instruction permit, or nonresident operating	526
privilege;	527

(b) If the offender's driver's license, probationary driver's	528
license, commercial driver's license, temporary instruction	529
permit, or nonresident operating privilege has previously been	530
suspended pursuant to division (B)(10)(a) of this section, impose	531
a class seven suspension of the offender's license, permit, or	532
privilege from the range specified in division (A)(7) of section	533
4510.02 of the Revised Code, provided that the suspension shall be	534
for at least six months.	535

(c) The court, in lieu of suspending the offender's driver's	536
or commercial driver's license, probationary driver's license,	537
temporary instruction permit, or nonresident operating privilege	538
pursuant to division (B)(10)(a) or (b) of this section, instead	539
may require the offender to perform community service for a number	540
of hours determined by the court.	541

(11) In addition to the penalties described in division	542
(B)(2) of this section, if the offender committed the violation by	543
stealing rented property or rental services, the court may order	544
that the offender make restitution pursuant to section 2929.18 or	545
2929.28 of the Revised Code. Restitution may include, but is not	546
limited to, the cost of repairing or replacing the stolen	547
property, or the cost of repairing the stolen property and any	548
loss of revenue resulting from deprivation of the property due to	549
theft of rental services that is less than or equal to the actual	550
value of the property at the time it was rented. Evidence of	551
intent to commit theft of rented property or rental services shall	552
be determined pursuant to the provisions of section 2913.72 of the	553
Revised Code.	554

(C) The sentencing court that suspends an offender's license,	555
permit, or nonresident operating privilege under division (B)(10)	556
of this section may grant the offender limited driving privileges	557
during the period of the suspension in accordance with Chapter	558
4510. of the Revised Code.	559

Sec. 2913.43.  (A) No person, by deception, shall cause	560
another to execute any writing that disposes of or encumbers	561
property, or by which a pecuniary obligation is incurred.	562

(B)(1) Whoever violates this section is guilty of securing	563
writings by deception.	564

(2) Except as otherwise provided in this division or division	565
(B)(3) of this section, securing writings by deception is a	566
misdemeanor of the first degree. If the value of the property or	567
the obligation involved is one thousand dollars or more and less	568
than seven thousand five hundred dollars, securing writings by	569
deception is a felony of the fifth degree. If the value of the	570
property or the obligation involved is seven thousand five hundred	571
dollars or more and is less than one hundred fifty thousand	572
dollars, securing writings by deception is a felony of the fourth	573
degree. If the value of the property or the obligation involved is	574
one hundred fifty thousand dollars or more, securing writings by	575
deception is a felony of the third degree.	576

(3) If the victim of the offense is an elderly person or,	577
disabled adult, active duty service member, or spouse of an active	578
duty service member, division (B)(3) of this section applies.	579
Except as otherwise provided in division (B)(3) of this section,	580
securing writings by deception is a felony of the fifth degree. If	581
the value of the property or obligation involved is one thousand	582
dollars or more and is less than seven thousand five hundred	583
dollars, securing writings by deception is a felony of the fourth	584
degree. If the value of the property or obligation involved is	585
seven thousand five hundred dollars or more and is less than	586
thirty-seven thousand five hundred dollars, securing writings by	587
deception is a felony of the third degree. If the value of the	588
property or obligation involved is thirty-seven thousand five	589
hundred dollars or more, securing writings by deception is a	590
felony of the second degree.	591

Sec. 2913.49.  (A) As used in this section, "personal	592
identifying information" includes, but is not limited to, the	593
following: the name, address, telephone number, driver's license,	594
driver's license number, commercial driver's license, commercial	595
driver's license number, state identification card, state	596
identification card number, social security card, social security	597
number, birth certificate, place of employment, employee	598
identification number, mother's maiden name, demand deposit	599
account number, savings account number, money market account	600
number, mutual fund account number, other financial account	601
number, personal identification number, password, or credit card	602
number of a living or dead individual.	603

(B) No person, without the express or implied consent of the	604
other person, shall use, obtain, or possess any personal	605
identifying information of another person with intent to do either	606
of the following:	607

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

608

(2) Represent the other person's personal identifying	609
information as the person's own personal identifying information.	610

(C) No person shall create, obtain, possess, or use the	611
personal identifying information of any person with the intent to	612
aid or abet another person in violating division (B) of this	613
section.	614

(D) No person, with intent to defraud, shall permit another	615
person to use the person's own personal identifying information.	616

(E) No person who is permitted to use another person's	617
personal identifying information as described in division (D) of	618
this section shall use, obtain, or possess the other person's	619
personal identifying information with intent to defraud any person	620
by doing any act identified in division (B)(1) or (2) of this	621
section.	622

(F)(1) It is an affirmative defense to a charge under	623
division (B) of this section that the person using the personal	624
identifying information is acting in accordance with a legally	625
recognized guardianship or conservatorship or as a trustee or	626
fiduciary.	627

(2) It is an affirmative defense to a charge under division	628
(B), (C), (D), or (E) of this section that either of the following	629
applies:	630

(a) The person or entity using, obtaining, possessing, or	631
creating the personal identifying information or permitting it to	632
be used is a law enforcement agency, authorized fraud personnel,	633
or a representative of or attorney for a law enforcement agency or	634
authorized fraud personnel and is using, obtaining, possessing, or	635
creating the personal identifying information or permitting it to	636
be used, with prior consent given as specified in this division,	637
in a bona fide investigation, an information security evaluation,	638
a pretext calling evaluation, or a similar matter. The prior	639
consent required under this division shall be given by the person	640
whose personal identifying information is being used, obtained,	641
possessed, or created or is being permitted to be used or, if the	642
person whose personal identifying information is being used,	643
obtained, possessed, or created or is being permitted to be used	644
is deceased, by that deceased person's executor, or a member of	645
that deceased person's family, or that deceased person's attorney.	646
The prior consent required under this division may be given orally	647
or in writing by the person whose personal identifying information	648
is being used, obtained, possessed, or created or is being	649
permitted to be used or that person's executor, or family member,	650
or attorney.	651

(b) The personal identifying information was obtained,	652
possessed, used, created, or permitted to be used for a lawful	653
purpose, provided that division (F)(2)(b) of this section does not	654
apply if the person or entity using, obtaining, possessing, or	655
creating the personal identifying information or permitting it to	656
be used is a law enforcement agency, authorized fraud personnel,	657
or a representative of or attorney for a law enforcement agency or	658
authorized fraud personnel that is using, obtaining, possessing,	659
or creating the personal identifying information or permitting it	660
to be used in an investigation, an information security	661
evaluation, a pretext calling evaluation, or similar matter.	662

(G) It is not a defense to a charge under this section that	663
the person whose personal identifying information was obtained,	664
possessed, used, created, or permitted to be used was deceased at	665
the time of the offense.	666

(H)(1) If an offender commits a violation of division (B),	667
(D), or (E) of this section and the violation occurs as part of a	668
course of conduct involving other violations of division (B), (D),	669
or (E) of this section or violations of, attempts to violate,	670
conspiracies to violate, or complicity in violations of division	671
(C) of this section or section 2913.02, 2913.04, 2913.11, 2913.21,	672
2913.31, 2913.42, 2913.43, or 2921.13 of the Revised Code, the	673
court, in determining the degree of the offense pursuant to	674
division (I) of this section, may aggregate all credit, property,	675
or services obtained or sought to be obtained by the offender and	676
all debts or other legal obligations avoided or sought to be	677
avoided by the offender in the violations involved in that course	678
of conduct. The course of conduct may involve one victim or more	679
than one victim.	680

(2) If an offender commits a violation of division (C) of	681
this section and the violation occurs as part of a course of	682
conduct involving other violations of division (C) of this section	683
or violations of, attempts to violate, conspiracies to violate, or	684
complicity in violations of division (B), (D), or (E) of this	685
section or section 2913.02, 2913.04, 2913.11, 2913.21, 2913.31,	686
2913.42, 2913.43, or 2921.13 of the Revised Code, the court, in	687
determining the degree of the offense pursuant to division (I) of	688
this section, may aggregate all credit, property, or services	689
obtained or sought to be obtained by the person aided or abetted	690
and all debts or other legal obligations avoided or sought to be	691
avoided by the person aided or abetted in the violations involved	692
in that course of conduct. The course of conduct may involve one	693
victim or more than one victim.	694

(I)(1) Whoever violates this section is guilty of identity	695
fraud.	696

(2) Except as otherwise provided in this division or division	697
(I)(3) of this section, identity fraud is a felony of the fifth	698
degree. If the value of the credit, property, services, debt, or	699
other legal obligation involved in the violation or course of	700
conduct is one thousand dollars or more and is less than seven	701
thousand five hundred dollars, except as otherwise provided in	702
division (I)(3) of this section, identity fraud is a felony of the	703
fourth degree. If the value of the credit, property, services,	704
debt, or other legal obligation involved in the violation or	705
course of conduct is seven thousand five hundred dollars or more	706
and is less than one hundred fifty thousand dollars, except as	707
otherwise provided in division (I)(3) of this section, identity	708
fraud is a felony of the third degree. If the value of the credit,	709
property, services, debt, or other legal obligation involved in	710
the violation or course of conduct is one hundred fifty thousand	711
dollars or more, except as otherwise provided in division (I)(3)	712
of this section, identity fraud is a felony of the second degree.	713

(3) If the victim of the offense is an elderly person or,	714
disabled adult, active duty service member, or spouse of an active	715
duty service member, a violation of this section is identity fraud	716
against an elderlya person or disabled adultin a protected	717
class. Except as otherwise provided in this division, identity	718
fraud against an elderlya person or disabled adultin a protected	719
class is a felony of the fifthfourth degree. If the value of the	720
credit, property, services, debt, or other legal obligation	721
involved in the violation or course of conduct is one thousand	722
dollars or more and is less than seven thousand five hundred	723
dollars, identity fraud against an elderlya person or disabled	724
adultin a protected class is a felony of the third degree. If the	725
value of the credit, property, services, debt, or other legal	726
obligation involved in the violation or course of conduct is seven	727
thousand five hundred dollars or more and is less than one hundred	728
fifty thousand dollars, identity fraud against an elderlya person	729
or disabled adultin a protected class is a felony of the second	730
degree. If the value of the credit, property, services, debt, or	731
other legal obligation involved in the violation or course of	732
conduct is one hundred fifty thousand dollars or more, identity	733
fraud against an elderlya person or disabled adultin a protected	734
class is a felony of the first degree.	735

(J) In addition to the penalties described in division (I) of	736
this section, anyone injured in person or property by a violation	737
of division (B), (D), or (E) of this section who is the owner of	738
the identifying information involved in that violation has a civil	739
action against the offender pursuant to section 2307.60 of the	740
Revised Code. That person may also bring a civil action to enjoin	741
or restrain future acts that would constitute a violation of	742
division (B), (D), or (E) of this section.	743

Sec. 2913.61.  (A) When a person is charged with a theft	744
offense, or with a violation of division (A)(1) of section 1716.14	745
of the Revised Code involving a victim who is an elderly person or	746
disabled adult that involves property or services valued at one	747
thousand dollars or more, property or services valued at one	748
thousand dollars or more and less than seven thousand five hundred	749
dollars, property or services valued at one thousand five hundred	750
dollars or more and less than seven thousand five hundred dollars,	751
property or services valued at seven thousand five hundred dollars	752
or more and less than thirty-seven thousand five hundred dollars,	753
property or services valued at seven thousand five hundred dollars	754
or more and less than one hundred fifty thousand dollars, property	755
or services valued at thirty-seven thousand five hundred dollars	756
or more and less than one hundred fifty thousand dollars, property	757
or services valued at thirty-seven thousand five hundred dollars	758
or more, property or services valued at one hundred fifty thousand	759
dollars or more, property or services valued at one hundred fifty	760
thousand dollars or more and less than seven hundred fifty	761
thousand dollars, property or services valued at seven hundred	762
fifty thousand dollars or more and less than one million five	763
hundred thousand dollars, or property or services valued at one	764
million five hundred thousand dollars or more, the jury or court	765
trying the accused shall determine the value of the property or	766
services as of the time of the offense and, if a guilty verdict is	767
returned, shall return the finding of value as part of the	768
verdict. In any case in which the jury or court determines that	769
the value of the property or services at the time of the offense	770
was one thousand dollars or more, it is unnecessary to find and	771
return the exact value, and it is sufficient if the finding and	772
return is to the effect that the value of the property or services	773
involved was one thousand dollars or more, was one thousand	774
dollars or more and less than seven thousand five hundred dollars,	775
was one thousand five hundred dollars or more and less than seven	776
thousand five hundred dollars, was seven thousand five hundred	777
dollars or more and less than thirty-seven thousand five hundred	778
dollars, was seven thousand five hundred dollars or more and less	779
than thirty-seven thousand five hundred dollars, was seven	780
thousand five hundred dollars or more and less than one hundred	781
fifty thousand dollars, was thirty-seven thousand five hundred	782
dollars or more and less than one hundred fifty thousand dollars,	783
was thirty-seven thousand five hundred dollars or more and less	784
than one hundred fifty thousand dollars, was one hundred fifty	785
thousand dollars or more, was one hundred fifty thousand dollars	786
or more and less than seven hundred fifty thousand dollars, was	787
seven hundred fifty thousand dollars or more and less than one	788
million five hundred thousand dollars, or was one million five	789
hundred thousand dollars or more, whichever is relevant regarding	790
the offense.	791

(B) If more than one item of property or services is involved	792
in a theft offense or in a violation of division (A)(1) of section	793
1716.14 of the Revised Code involving a victim who is an elderly	794
person or disabled adult, the value of the property or services	795
involved for the purpose of determining the value as required by	796
division (A) of this section is the aggregate value of all	797
property or services involved in the offense.	798

(C)(1) When a series of offenses under section 2913.02 of the	799
Revised Code, or a series of violations of, attempts to commit a	800
violation of, conspiracies to violate, or complicity in violations	801
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	802
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	803
2913.31 or 2913.43 of the Revised Code involving a victim who is	804
an elderly person or disabled adult, is committed by the offender	805
in the offender's same employment, capacity, or relationship to	806
another, all of those offenses shall be tried as a single offense.	807
When a series of offenses under section 2913.02 of the Revised	808
Code, or a series of violations of, attempts to commit a violation	809
of, conspiracies to violate, or complicity in violations of	810
section 2913.02 or 2913.43 of the Revised Code involving a victim	811
who is an active duty service member or spouse of an active duty	812
service member is committed by the offender in the offender's same	813
employment, capacity, or relationship to another, all of those	814
offenses shall be tried as a single offense. The value of the	815
property or services involved in the series of offenses for the	816
purpose of determining the value as required by division (A) of	817
this section is the aggregate value of all property and services	818
involved in all offenses in the series.	819

(2) If an offender commits a series of offenses under section	820
2913.02 of the Revised Code that involves a common course of	821
conduct to defraud multiple victims, all of the offenses may be	822
tried as a single offense. If an offender is being tried for the	823
commission of a series of violations of, attempts to commit a	824
violation of, conspiracies to violate, or complicity in violations	825
of division (A)(1) of section 1716.14, section 2913.02, 2913.03,	826
or 2913.04, division (B)(1) or (2) of section 2913.21, or section	827
2913.31 or 2913.43 of the Revised Code, whether committed against	828
one victim or more than one victim, involving a victim who is an	829
elderly person or disabled adult, pursuant to a scheme or course	830
of conduct, all of those offenses may be tried as a single	831
offense. If an offender is being tried for the commission of a	832
series of violations of, attempts to commit a violation of,	833
conspiracies to violate, or complicity in violations of section	834
2913.02 or 2913.43 of the Revised Code, whether committed against	835
one victim or more than one victim, involving a victim who is an	836
active duty service member or spouse of an active duty service	837
member pursuant to a scheme or course of conduct, all of those	838
offenses may be tried as a single offense. If the offenses are	839
tried as a single offense, the value of the property or services	840
involved for the purpose of determining the value as required by	841
division (A) of this section is the aggregate value of all	842
property and services involved in all of the offenses in the	843
course of conduct.	844

(3) When a series of two or more offenses under section	845
2913.40, 2913.48, or 2921.41 of the Revised Code is committed by	846
the offender in the offender's same employment, capacity, or	847
relationship to another, all of those offenses may be tried as a	848
single offense. If the offenses are tried as a single offense, the	849
value of the property or services involved for the purpose of	850
determining the value as required by division (A) of this section	851
is the aggregate value of all property and services involved in	852
all of the offenses in the series of two or more offenses.	853

(4) In prosecuting a single offense under division (C)(1),	854
(2), or (3) of this section, it is not necessary to separately	855
allege and prove each offense in the series. Rather, it is	856
sufficient to allege and prove that the offender, within a given	857
span of time, committed one or more theft offenses or violations	858
of section 2913.40, 2913.48, or 2921.41 of the Revised Code in the	859
offender's same employment, capacity, or relationship to another	860
as described in division (C)(1) or (3) of this section, or	861
committed one or more theft offenses that involve a common course	862
of conduct to defraud multiple victims or a scheme or course of	863
conduct as described in division (C)(2) of this section. While it	864
is not necessary to separately allege and prove each offense in	865
the series in order to prosecute a single offense under division	866
(C)(1), (2), or (3) of this section, it remains necessary in	867
prosecuting them as a single offense to prove the aggregate value	868
of the property or services in order to meet the requisite	869
statutory offense level sought by the prosecution.	870

(D) The following criteria shall be used in determining the	871
value of property or services involved in a theft offense:	872

(1) The value of an heirloom, memento, collector's item,	873
antique, museum piece, manuscript, document, record, or other	874
thing that has intrinsic worth to its owner and that either is	875
irreplaceable or is replaceable only on the expenditure of	876
substantial time, effort, or money, is the amount that would	877
compensate the owner for its loss.	878

(2) The value of personal effects and household goods, and of	879
materials, supplies, equipment, and fixtures used in the	880
profession, business, trade, occupation, or avocation of its	881
owner, which property is not covered under division (D)(1) of this	882
section and which retains substantial utility for its purpose	883
regardless of its age or condition, is the cost of replacing the	884
property with new property of like kind and quality.	885

(3) The value of any real or personal property that is not	886
covered under division (D)(1) or (2) of this section, and the	887
value of services, is the fair market value of the property or	888
services. As used in this section, "fair market value" is the	889
money consideration that a buyer would give and a seller would	890
accept for property or services, assuming that the buyer is	891
willing to buy and the seller is willing to sell, that both are	892
fully informed as to all facts material to the transaction, and	893
that neither is under any compulsion to act.	894

(E) Without limitation on the evidence that may be used to	895
establish the value of property or services involved in a theft	896
offense:	897

(1) When the property involved is personal property held for	898
sale at wholesale or retail, the price at which the property was	899
held for sale is prima-facie evidence of its value.	900

(2) When the property involved is a security or commodity	901
traded on an exchange, the closing price or, if there is no	902
closing price, the asked price, given in the latest market	903
quotation prior to the offense is prima-facie evidence of the	904
value of the security or commodity.	905

(3) When the property involved is livestock, poultry, or raw	906
agricultural products for which a local market price is available,	907
the latest local market price prior to the offense is prima-facie	908
evidence of the value of the livestock, poultry, or products.	909

(4) When the property involved is a negotiable instrument,	910
the face value is prima-facie evidence of the value of the	911
instrument.	912

(5) When the property involved is a warehouse receipt, bill	913
of lading, pawn ticket, claim check, or other instrument entitling	914
the holder or bearer to receive property, the face value or, if	915
there is no face value, the value of the property covered by the	916
instrument less any payment necessary to receive the property is	917
prima-facie evidence of the value of the instrument.	918

(6) When the property involved is a ticket of admission,	919
ticket for transportation, coupon, token, or other instrument	920
entitling the holder or bearer to receive property or services,	921
the face value or, if there is no face value, the value of the	922
property or services that may be received by the instrument is	923
prima-facie evidence of the value of the instrument.	924

(7) When the services involved are gas, electricity, water,	925
telephone, transportation, shipping, or other services for which	926
the rate is established by law, the duly established rate is	927
prima-facie evidence of the value of the services.	928

(8) When the services involved are services for which the	929
rate is not established by law, and the offender has been notified	930
prior to the offense of the rate for the services, either in	931
writing, orally, or by posting in a manner reasonably calculated	932
to come to the attention of potential offenders, the rate	933
contained in the notice is prima-facie evidence of the value of	934
the services.	935

Sec. 3333.164. (A) As used in this section, "state	936
institution of higher education" has the same meaning as in	937
section 3345.011 of the Revised Code.	938

(B) Not later than December 31, 2014, the chancellor of the	939
Ohio board of regents shall do all of the following with regard to	940
the awarding of college credit for military training, experience,	941
and coursework:	942

(1) Develop a set of standards and procedures for state	943
institutions of higher education to utilize in the granting of	944
college credit for military training, experience, and coursework;	945

(2) Create a military articulation and transfer assurance	946
guide for college credit that is earned through military training,	947
experience, and coursework. The chancellor shall use the current	948
articulation and transfer policy adopted pursuant to section	949
3333.16 of the Revised Code as a model in developing this guide.	950

(3) Create a web site that contains information related to	951
the awarding of college credit for military training, experience,	952
and coursework. The web site shall include both of the following:	953

(a) Standardized resources that address frequently asked	954
questions regarding the awarding of such credit and related	955
issues;	956

(b) A statewide database that shows how specified military	957
training, experience, and coursework translates to college credit.	958

(4) Develop a statewide training program that prepares	959
faculty and staff of state institutions of higher education to	960
evaluate various military training, experience, and coursework and	961
to award appropriate equivalent credit. The training program shall	962
incorporate the best practices of awarding credit for military	963
experiences, including both the recommendations of the American	964
council on education and the standards developed by the council	965
for adult and experiential learning.	966

(C) Beginning on July 1, 2015, state institutions of higher	967
education shall ensure that appropriate equivalent credit is	968
awarded for military training, experience, and coursework that	969
meet the standards developed by the chancellor pursuant to this	970
section.	971

Sec. 3333.28.  (A) The chancellor of the Ohio board of	972
regents shall establish the nurse education assistance program,	973
the purpose of which shall be to make loans to students enrolled	974
in prelicensure nurse education programs at institutions approved	975
by the board of nursing under section 4723.06 of the Revised Code	976
and postlicensure nurse education programs approved by the	977
chancellor under section 3333.04 of the Revised Code or offered by	978
an institution holding a certificate of authorization issued under	979
Chapter 1713. of the Revised Code. The board of nursing shall	980
assist the chancellor in administering the program.	981

(B) There is hereby created in the state treasury the nurse	982
education assistance fund, which shall consist of all money	983
transferred to it pursuant to section 4743.05 of the Revised Code.	984
The fund shall be used by the chancellor for loans made under	985
division (A) of this section and for expenses of administering the	986
loan program.	987

(C) Between July 1, 2005, and January 1, 2012, the chancellor	988
shall distribute money in the nurse education assistance fund in	989
the following manner:	990

(1)(a) Fifty per cent of available funds shall be awarded as	991
loans to registered nurses enrolled in postlicensure nurse	992
education programs described in division (A) of this section. To	993
be eligible for a loan, the applicant shall provide the chancellor	994
with a letter of intent to practice as a faculty member at a	995
prelicensure or postlicensure program for nursing in this state	996
upon completion of the applicant's academic program.	997

(b) If the borrower of a loan under division (C)(1)(a) of	998
this section secures employment as a faculty member of an approved	999
nursing education program in this state within six months	1000
following graduation from an approved nurse education program, the	1001
chancellor may forgive the principal and interest of the student's	1002
loans received under division (C)(1)(a) of this section at a rate	1003
of twenty-five per cent per year, for a maximum of four years, for	1004
each year in which the borrower is so employed. A deferment of the	1005
service obligation, and other conditions regarding the forgiveness	1006
of loans may be granted as provided by the rules adopted under	1007
division (D)(7) of this section.	1008

(c) Loans awarded under division (C)(1)(a) of this section	1009
shall be awarded on the basis of the student's expected family	1010
contribution, with preference given to those applicants with the	1011
lowest expected family contribution. However, the chancellor may	1012
consider other factors the chancellor determines relevant in	1013
ranking the applications.	1014

(d) Each loan awarded to a student under division (C)(1)(a)	1015
of this section shall be not less than five thousand dollars per	1016
year.	1017

(2) Twenty-five per cent of available funds shall be awarded	1018
to students enrolled in prelicensure nurse education programs for	1019
registered nurses, as defined in section 4723.01 of the Revised	1020
Code.	1021

(3) Twenty-five per cent of available funds shall be awarded	1022
to students enrolled in nurse education programs as determined by	1023
the chancellor, with preference given to programs aimed at	1024
increasing enrollment in an area of need.	1025

After January 1, 2012, the chancellor shall determine the	1026
manner in which to distribute loans under this section.	1027

(D) Subject to the requirements specified in division (C) of	1028
this section, the chancellor shall adopt rules in accordance with	1029
Chapter 119. of the Revised Code establishing:	1030

(1) Eligibility criteria for receipt of a loan;

1031

(2) Loan application procedures;

1032

(3) The amounts in which loans may be made and the total	1033
amount that may be loaned to an individual;	1034

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

1035

(5) The percentage of the money in the fund that must remain	1036
in the fund at all times as a fund balance;	1037

(6) Interest and principal repayment schedules;

1038

(7) Conditions under which a portion of principal and	1039
interest obligations incurred by an individual under the program	1040
will be forgiven;	1041

(8) Conditions under which all or a portion of the principal	1042
and interest obligations incurred by an individual who is deployed	1043
on active duty outside of the state or who is the spouse of a	1044
person deployed on active duty outside of the state may be	1045
deferred or forgiven.	1046

(9) Ways that the program may be used to encourage	1047
individuals who are members of minority groups to enter the	1048
nursing profession;	1049

(9)(10) Any other matters incidental to the operation of the	1050
program.	1051

(E) The obligation to repay a portion of the principal and	1052
interest on a loan made under this section shall be forgiven if	1053
the recipient of the loan meets the criteria for forgiveness	1054
established by division (C)(1)(b) of this section, in the case of	1055
loans awarded under division (C)(1)(a) of this section, or by the	1056
chancellor under the rule adopted under division (D)(7) of this	1057
section, in the case of other loans awarded under this section.	1058

(F) The obligation to repay all or a portion of the principal	1059
and interest on a loan made under this section may be deferred or	1060
forgiven if the recipient of the loan meets the criteria for	1061
deferment or forgiveness established by the chancellor under the	1062
rule adopted under division (D)(8) of this section.	1063

(G) The receipt of a loan under this section shall not affect	1064
a student's eligibility for assistance, or the amount of that	1065
assistance, granted under section 3333.12, 3333.122, 3333.22,	1066
3333.26, 5910.03, 5910.032, or 5919.34 of the Revised Code, but	1067
the rules of the chancellor may provide for taking assistance	1068
received under those sections into consideration when determining	1069
a student's eligibility for a loan under this section.	1070

(H) As used in this section, "active duty" means active duty	1071
pursuant to an executive order of the president of the United	1072
States, an act of the congress of the United States, or section	1073
5919.29 or 5923.21 of the Revised Code.	1074

Sec. 3345.42.  As used in sections 3345.421, 3345.422,	1075
3345.423, and 3345.424 of the Revised Code:	1076

"Service member" means a person who is serving in the armed	1077
forces of the United States.	1078

"Veteran" means any person who has completed service in the	1079
armed forces, including the national guard of any state or a	1080
reserve component of the armed forces, and who has been discharged	1081
under honorable conditions from the armed forces or who has been	1082
transferred to the reserve with evidence of satisfactory service.	1083

Sec. 3345.421. Not later than December 31, 2014, the board of	1084
trustees of each state institution of higher education, as defined	1085
in section 3345.011 of the Revised Code, shall do all of the	1086
following:	1087

(A) Designate at least one person employed by the institution	1088
to serve as the contact person for veterans and service member	1089
affairs. Such a person shall assist and advise veterans and	1090
service members on issues related to earning college credit for	1091
military training, experience, and coursework.	1092

(B) Adopt a policy regarding the support and assistance the	1093
institution will provide to veterans and service members.	1094

(C) Allow for the establishment of a student-led group on	1095
campus for student service members and veterans and encourage	1096
other service member- and veteran-friendly organizations.	1097

(D) Integrate existing career services to create and	1098
encourage meaningful collaborative relationships between student	1099
service members and veterans and alumni of the institution, that	1100
links student service members and veterans with prospective	1101
employers, and that provides student service members and veterans	1102
with social opportunities; and, if the institution has career	1103
services programs, encourage the responsible office to seek and	1104
promote partnership opportunities for internships and employment	1105
of student service members and veterans with state, local,	1106
national, and international employers.	1107

(E) Survey student service members and veterans to identify	1108
their needs and challenges and make the survey available to	1109
faculty and staff at the state institution of higher education.	1110
And periodically conduct follow-up surveys, at a frequency	1111
determined by the board, to gauge the institution's progress	1112
toward meeting identified needs and challenges.	1113

The chancellor of the Ohio board of regents shall provide	1114
guidance to state institutions of higher education in their	1115
compliance with this section, including the recommendation of	1116
standardized policies on support and assistance to veterans and	1117
service members.	1118

The person or persons designated under division (A) of this	1119
section shall not be a person currently designated by the	1120
institution as a veterans administration certifying official.	1121

Sec. 3345.422. Not later than December 31, 2014, and	1122
continuing thereafter, each state institution of higher education,	1123
as defined in section 3345.011 of the Revised Code, shall provide	1124
a student who is either a veteran or a service member with	1125
priority for course registration.	1126

Sec. 3345.423. Not later than December 31, 2014, the board of	1127
trustees or managing authority of each state institution of higher	1128
education, as defined in section 3345.011 of the Revised Code,	1129
shall establish an appeals procedure for students who are veterans	1130
or service members for resolving disputes regarding the awarding	1131
of college credit for military experience.	1132

Sec. 3345.424. On or after December 31, 2014, no state	1133
institution of higher education, as defined in section 3345.011 of	1134
the Revised Code, shall charge a student who is a veteran or a	1135
service member any fee for the evaluation of, transcription of, or	1136
application for college credit for military experience.	1137

Sec. 4729.12.  An identification card issued by the state	1138
board of pharmacy under section 4729.08 of the Revised Code	1139
entitles the individual to whom it is issued to practice as a	1140
pharmacist or as a pharmacy intern in this state until the next	1141
annual renewal date.	1142

Identification cards shall be renewed annually on the	1143
fifteenth day of September, according to the standard renewal	1144
procedure of Chapter 4745. of the Revised Code.	1145

Each pharmacist and pharmacy intern shall carry the	1146
identification card or renewal identification card while engaged	1147
in the practice of pharmacy. The license shall be conspicuously	1148
exposed at the principal place where the pharmacist or pharmacy	1149
intern practices pharmacy.	1150

A pharmacist or pharmacy intern who desires to continue in	1151
the practice of pharmacy shall file with the board an application	1152
in such form and containing such data as the board may require for	1153
renewal of an identification card. An application filed under this	1154
section may not be withdrawn without the approval of the board. If	1155
the board finds that the applicant's card has not been revoked or	1156
placed under suspension and that the applicant has paid the	1157
renewal fee, has continued pharmacy education in accordance with	1158
the rules of the board, and is entitled to continue in the	1159
practice of pharmacy, the board shall issue a renewal	1160
identification card to the applicant.	1161

When an identification card has lapsed for more than sixty	1162
days but application is made within three years after the	1163
expiration of the card, the applicant shall be issued a renewal	1164
identification card without further examination if the applicant	1165
meets the requirements of this section and pays the fee designated	1166
under division (E)(A)(5) of section 4729.15 of the Revised Code.	1167

Sec. 4729.13.  A pharmacist who fails to make application to	1168
the state board of pharmacy for a renewal identification card	1169
within a period of three years from the expiration of the	1170
identification card must pass an examination for registration;	1171
except that a pharmacist whose registration has expired, but who	1172
has continually practiced pharmacy in another state under a	1173
license issued by the authority of that state, may obtain a	1174
renewal identification card upon payment to the executive director	1175
of the board the fee designated under division (F)(A)(6) of	1176
section 4729.15 of the Revised Code.	1177

Sec. 4729.15. The(A) Except as provided in division (B) of	1178
this section, the state board of pharmacy shall charge the	1179
following fees:	1180

(A)(1) For applying for a license to practice as a	1181
pharmacist, an amount adequate to cover all rentals, compensation	1182
for proctors, and other expenses of the board related to	1183
examination except the expenses of procuring and grading the	1184
examination, which fee shall not be returned if the applicant	1185
fails to pass the examination;	1186

(B)(2) For the examination of an applicant for licensure as a	1187
pharmacist, an amount adequate to cover any expenses to the board	1188
of procuring and grading the examination or any part thereof,	1189
which fee shall not be returned if the applicant fails to pass the	1190
examination;	1191

(C)(3) For issuing a license and an identification card to an	1192
individual who passes the examination described in section 4729.07	1193
of the Revised Code, an amount that is adequate to cover the	1194
expense;	1195

(D)(4) For a pharmacist applying for renewal of an	1196
identification card within sixty days after the expiration date,	1197
ninety-seven dollars and fifty cents, which fee shall not be	1198
returned if the applicant fails to qualify for renewal;	1199

(E)(5) For a pharmacist applying for renewal of an	1200
identification card that has lapsed for more than sixty days, but	1201
for less than three years, one hundred thirty-five dollars, which	1202
fee shall not be returned if the applicant fails to qualify for	1203
renewal;	1204

(F)(6) For a pharmacist applying for renewal of an	1205
identification card that has lapsed for more than three years,	1206
three hundred thirty-seven dollars and fifty cents, which fee	1207
shall not be returned if the applicant fails to qualify for	1208
renewal;	1209

(G)(7) For a pharmacist applying for a license and	1210
identification card, on presentation of a pharmacist license	1211
granted by another state, three hundred thirty-seven dollars and	1212
fifty cents, which fee shall not be returned if the applicant	1213
fails to qualify for licensure.	1214

(H)(8) For a license and identification card to practice as a	1215
pharmacy intern, twenty-two dollars and fifty cents, which fee	1216
shall not be returned if the applicant fails to qualify for	1217
licensure;	1218

(I)(9) For the renewal of a pharmacy intern identification	1219
card, twenty-two dollars and fifty cents, which fee shall not be	1220
returned if the applicant fails to qualify for renewal;	1221

(J)(10) For issuing a replacement license to a pharmacist,	1222
twenty-two dollars and fifty cents;	1223

(K)(11) For issuing a replacement license to a pharmacy	1224
intern, seven dollars and fifty cents;	1225

(L)(12) For issuing a replacement identification card to a	1226
pharmacist, thirty-seven dollars and fifty cents, or pharmacy	1227
intern, seven dollars and fifty cents;	1228

(M)(13) For certifying licensure and grades for reciprocal	1229
licensure, ten dollars;	1230

(N)(14) For making copies of any application, affidavit, or	1231
other document filed in the state board of pharmacy office, an	1232
amount fixed by the board that is adequate to cover the expense,	1233
except that for copies required by federal or state agencies or	1234
law enforcement officers for official purposes, no charge need be	1235
made;	1236

(O)(15) For certifying and affixing the seal of the board, an	1237
amount fixed by the board that is adequate to cover the expense,	1238
except that for certifying and affixing the seal of the board to a	1239
document required by federal or state agencies or law enforcement	1240
officers for official purposes, no charge need be made;	1241

(P)(16) For each copy of a book or pamphlet that includes	1242
laws administered by the state board of pharmacy, rules adopted by	1243
the board, and chapters of the Revised Code with which the board	1244
is required to comply, an amount fixed by the board that is	1245
adequate to cover the expense of publishing and furnishing the	1246
book or pamphlet.	1247

(B)(1) Subject to division (B)(2) of this section, the fees	1248
described in divisions (A)(1) to (13) of this section do not apply	1249
to an individual who is on active duty in the armed forces of the	1250
United States or to an individual who served in the armed forces	1251
of the United States and presents a valid copy of the individual's	1252
DD-214 form or an equivalent document issued by the United States	1253
department of defense indicating that the individual is an	1254
honorably discharged veteran.	1255

(2) The state board of pharmacy may establish limits with	1256
respect to the individuals for whom fees are not applicable under	1257
division (B)(1) of this section.	1258

Sec. 4731.36.  (A) Sections 4731.01 to 4731.47 of the Revised	1259
Code shall not prohibit service in case of emergency, domestic	1260
administration of family remedies, or provision of assistance to	1261
another individual who is self-administering drugs.	1262

Sections 4731.01 to 4731.47 of the Revised Code shall not	1263
apply to any of the following:	1264

(1) A commissioned medical officer of the armed forces of the	1265
United States armed forces, as defined in section 5903.11 of the	1266
Revised Code, or an employee of the veterans administration of the	1267
United States or the United States public health service in the	1268
discharge of the officer's or employee's professional duties;	1269

(2) A dentist authorized under Chapter 4715. of the Revised	1270
Code to practice dentistry when engaged exclusively in the	1271
practice of dentistry or when administering anesthetics in the	1272
practice of dentistry;	1273

(3) A physician or surgeon in another state or territory who	1274
is a legal practitioner of medicine or surgery therein when	1275
providing consultation to an individual holding a certificate to	1276
practice issued under this chapter who is responsible for the	1277
examination, diagnosis, and treatment of the patient who is the	1278
subject of the consultation, if one of the following applies:	1279

(a) The physician or surgeon does not provide consultation in	1280
this state on a regular or frequent basis.	1281

(b) The physician or surgeon provides the consultation	1282
without compensation of any kind, direct or indirect, for the	1283
consultation.	1284

(c) The consultation is part of the curriculum of a medical	1285
school or osteopathic medical school of this state or a program	1286
described in division (A)(2) of section 4731.291 of the Revised	1287
Code.	1288

(4) A physician or surgeon in another state or territory who	1289
is a legal practitioner of medicine or surgery therein and	1290
provided services to a patient in that state or territory, when	1291
providing, not later than one year after the last date services	1292
were provided in another state or territory, follow-up services in	1293
person or through the use of any communication, including oral,	1294
written, or electronic communication, in this state to the patient	1295
for the same condition;	1296

(5) A physician or surgeon residing on the border of a	1297
contiguous state and authorized under the laws thereof to practice	1298
medicine and surgery therein, whose practice extends within the	1299
limits of this state. Such practitioner shall not either in person	1300
or through the use of any communication, including oral, written,	1301
or electronic communication, open an office or appoint a place to	1302
see patients or receive calls within the limits of this state.	1303

(6) A board, committee, or corporation engaged in the conduct	1304
described in division (A) of section 2305.251 of the Revised Code	1305
when acting within the scope of the functions of the board,	1306
committee, or corporation;	1307

(7) The conduct of an independent review organization	1308
accredited by the superintendent of insurance under section	1309
3922.13 of the Revised Code for the purpose of external reviews	1310
conducted under Chapter 3922. of the Revised Code.	1311

As used in division (A)(1) of this section, "armed forces of	1312
the United States" means the army, air force, navy, marine corps,	1313
coast guard, and any other military service branch that is	1314
designated by congress as a part of the armed forces of the United	1315
States.	1316

(B)(1) Subject to division (B)(2) of this section, this	1317
chapter does not apply to a person who holds a current,	1318
unrestricted license to practice medicine and surgery or	1319
osteopathic medicine and surgery in another state when the person,	1320
pursuant to a written agreement with an athletic team located in	1321
the state in which the person holds the license, provides medical	1322
services to any of the following while the team is traveling to or	1323
from or participating in a sporting event in this state:	1324

(a) A member of the athletic team;

1325

(b) A member of the athletic team's coaching, communications,	1326
equipment, or sports medicine staff;	1327

(c) A member of a band or cheerleading squad accompanying the	1328
athletic team;	1329

(d) The athletic team's mascot.

1330

(2) In providing medical services pursuant to division (B)(1)	1331
of this section, the person shall not provide medical services at	1332
a health care facility, including a hospital, an ambulatory	1333
surgical facility, or any other facility in which medical care,	1334
diagnosis, or treatment is provided on an inpatient or outpatient	1335
basis.	1336

(C) Sections 4731.51 to 4731.61 of the Revised Code do not	1337
apply to any graduate of a podiatric school or college while	1338
performing those acts that may be prescribed by or incidental to	1339
participation in an accredited podiatric internship, residency, or	1340
fellowship program situated in this state approved by the state	1341
medical board.	1342

(D) This chapter does not apply to an oriental medicine	1343
practitioner or acupuncturist who complies with Chapter 4762. of	1344
the Revised Code.	1345

(E) This chapter does not prohibit the administration of	1346
drugs by any of the following:	1347

(1) An individual who is licensed or otherwise specifically	1348
authorized by the Revised Code to administer drugs;	1349

(2) An individual who is not licensed or otherwise	1350
specifically authorized by the Revised Code to administer drugs,	1351
but is acting pursuant to the rules for delegation of medical	1352
tasks adopted under section 4731.053 of the Revised Code;	1353

(3) An individual specifically authorized to administer drugs	1354
pursuant to a rule adopted under the Revised Code that is in	1355
effect on April 10, 2001, as long as the rule remains in effect,	1356
specifically authorizing an individual to administer drugs.	1357

(F) The exemptions described in divisions (A)(3), (4), and	1358
(5) of this section do not apply to a physician or surgeon whose	1359
certificate to practice issued under this chapter is under	1360
suspension or has been revoked or permanently revoked by action of	1361
the state medical board.	1362

Sec. 4743.04.  (A) The renewal of a license or other	1363
authorization to practice a trade or profession issued under Title	1364
XLVII of the Revised Code is subject to the provisions of section	1365
5903.10 of the Revised Code relating to service in the armed	1366
forces of the United States or a reserve component of the armed	1367
forces of the United States, including the Ohio national guard or	1368
the national guard of any other state.	1369

(B) Continuing education requirements applicable to the	1370
licensees under Title XLVII of the Revised Code are subject to the	1371
provisions of section 5903.12 of the Revised Code relating to	1372
active duty military service.	1373

(C) A department, agency, or office of this state or of any	1374
political subdivision of this state that issues a license or	1375
certificate to practice a trade or profession may, pursuant to	1376
rules adopted by the department, agency, or office, issue a	1377
temporary license or certificate to practice the trade or	1378
profession to a person whose spouse is on active military duty in	1379
this state.	1380

(D) The issuance of a license or other authorization to	1381
practice a trade or profession issued under Title XLVII of the	1382
Revised Code is subject to the provisions of section 5903.03 of	1383
the Revised Code relating to service in the armed forces of the	1384
United States or a reserve component of the armed forces of the	1385
United States, including the Ohio national guard or the national	1386
guard of any other state.	1387

Sec. 5902.02.  The duties of the director of veterans	1388
services shall include the following:	1389

(A) Furnishing the veterans service commissions of all	1390
counties of the state copies of the state laws, rules, and	1391
legislation relating to the operation of the commissions and their	1392
offices;	1393

(B) Upon application, assisting the general public in	1394
obtaining records of vital statistics pertaining to veterans or	1395
their dependents;	1396

(C) Adopting rules pursuant to Chapter 119. of the Revised	1397
Code pertaining to minimum qualifications for hiring, certifying,	1398
and accrediting county veterans service officers, pertaining to	1399
their required duties, and pertaining to revocation of the	1400
certification of county veterans service officers;	1401

(D) Adopting rules pursuant to Chapter 119. of the Revised	1402
Code for the education, training, certification, and duties of	1403
veterans service commissioners and for the revocation of the	1404
certification of a veterans service commissioner;	1405

(E) Developing and monitoring programs and agreements	1406
enhancing employment and training for veterans in single or	1407
multiple county areas;	1408

(F) Developing and monitoring programs and agreements to	1409
enable county veterans service commissions to address	1410
homelessness, indigency, and other veteran-related issues	1411
individually or jointly;	1412

(G) Developing and monitoring programs and agreements to	1413
enable state agencies, individually or jointly, that provide	1414
services to veterans, including the veterans' homes operated under	1415
Chapter 5907. of the Revised Code and the director of job and	1416
family services, to address homelessness, indigency, employment,	1417
and other veteran-related issues;	1418

(H) Establishing and providing statistical reporting formats	1419
and procedures for county veterans service commissions;	1420

(I) Publishing electronically a listing of county veterans	1421
service offices and county veterans service commissioners. The	1422
listing shall include the expiration dates of commission members'	1423
terms of office and the organizations they represent; the names,	1424
addresses, and telephone numbers of county veterans service	1425
offices; and the addresses and telephone numbers of the Ohio	1426
offices and headquarters of state and national veterans service	1427
organizations.	1428

(J) Establishing a veterans advisory committee to advise and	1429
assist the department of veterans services in its duties. Members	1430
shall include a member of the national guard association of the	1431
United States who is a resident of this state, a member of the	1432
military officers association of America who is a resident of this	1433
state, a state representative of congressionally chartered	1434
veterans organizations referred to in section 5901.02 of the	1435
Revised Code, a representative of any other congressionally	1436
chartered state veterans organization that has at least one	1437
veterans service commissioner in the state, three representatives	1438
of the Ohio state association of county veterans service	1439
commissioners, who shall have a combined vote of one, three	1440
representatives of the state association of county veterans	1441
service officers, who shall have a combined vote of one, one	1442
representative of the county commissioners association of Ohio,	1443
who shall be a county commissioner not from the same county as any	1444
of the other county representatives, a representative of the	1445
advisory committee on women veterans, a representative of a labor	1446
organization, and a representative of the office of the attorney	1447
general. The department of veterans services shall submit to the	1448
advisory committee proposed rules for the committee's operation.	1449
The committee may review and revise these proposed rules prior to	1450
submitting them to the joint committee on agency rule review.	1451

(K) Adopting, with the advice and assistance of the veterans	1452
advisory committee, policy and procedural guidelines that the	1453
veterans service commissions shall adhere to in the development	1454
and implementation of rules, policies, procedures, and guidelines	1455
for the administration of Chapter 5901. of the Revised Code. The	1456
department of veterans services shall adopt no guidelines or rules	1457
regulating the purposes, scope, duration, or amounts of financial	1458
assistance provided to applicants pursuant to sections 5901.01 to	1459
5901.15 of the Revised Code. The director of veterans services may	1460
obtain opinions from the office of the attorney general regarding	1461
rules, policies, procedures, and guidelines of the veterans	1462
service commissions and may enforce compliance with Chapter 5901.	1463
of the Revised Code.	1464

(L) Receiving copies of form DD214 filed in accordance with	1465
the director's guidelines adopted under division (L) of this	1466
section from members of veterans service commissions appointed	1467
under section 5901.02 and from county veterans service officers	1468
employed under section 5901.07 of the Revised Code;	1469

(M) Developing and maintaining and improving a resource, such	1470
as a telephone answering point or a web site, by means of which	1471
veterans and their dependents, through a single portal, can access	1472
multiple sources of information and interaction with regard to the	1473
rights of, and the benefits available to, veterans and their	1474
dependents. The director of veterans services may enter into	1475
agreements with state and federal agencies, with agencies of	1476
political subdivisions, with state and local instrumentalities,	1477
and with private entities as necessary to make the resource as	1478
complete as is possible.	1479

(N) Planning, organizing, advertising, and conducting	1480
outreach efforts, such as conferences and fairs, at which veterans	1481
and their dependents may meet, learn about the organization and	1482
operation of the department of veterans services and of veterans	1483
service commissions, and obtain information about the rights of,	1484
and the benefits and services available to, veterans and their	1485
dependents;	1486

(O) Advertising, in print, on radio and television, and	1487
otherwise, the rights of, and the benefits and services available	1488
to, veterans and their dependents;	1489

(P) Developing and advocating improved benefits and services	1490
for, and improved delivery of benefits and services to, veterans	1491
and their dependents;	1492

(Q) Searching for, identifying, and reviewing statutory and	1493
administrative policies that relate to veterans and their	1494
dependents and reporting to the general assembly statutory and	1495
administrative policies that should be consolidated in whole or in	1496
part within the organization of the department of veterans	1497
services to unify funding, delivery, and accounting of statutory	1498
and administrative policy expressions that relate particularly to	1499
veterans and their dependents;	1500

(R) Encouraging veterans service commissions to innovate and	1501
otherwise to improve efficiency in delivering benefits and	1502
services to veterans and their dependents and to report successful	1503
innovations and efficiencies to the director of veterans services;	1504

(S) Publishing and encouraging adoption of successful	1505
innovations and efficiencies veterans service commissions have	1506
achieved in delivering benefits and services to veterans and their	1507
dependents;	1508

(T) Establishing advisory committees, in addition to the	1509
veterans advisory committee established under division (K) of this	1510
section, on veterans issues;	1511

(U) Developing and maintaining a relationship with the United	1512
States department of veterans affairs, seeking optimal federal	1513
benefits and services for Ohio veterans and their dependents, and	1514
encouraging veterans service commissions to maximize the federal	1515
benefits and services to which veterans and their dependents are	1516
entitled;	1517

(V) Developing and maintaining relationships with the several	1518
veterans organizations, encouraging the organizations in their	1519
efforts at assisting veterans and their dependents, and advocating	1520
for adequate state subsidization of the organizations;	1521

(W) Requiring the several veterans organizations that receive	1522
funding from the state annually, not later than the thirtieth day	1523
of July, to report to the director of veterans services and	1524
prescribing the form and content of the report;	1525

(X) Reviewing the reports submitted to the director under	1526
division (W) of this section within thirty days of receipt and	1527
informing the veterans organization of any deficiencies that exist	1528
in the organization's report and that funding will not be released	1529
until the deficiencies have been corrected and a satisfactory	1530
report submitted;	1531

(Y) Advising the director of budget and management when a	1532
report submitted to the director under division (W) of this	1533
section has been reviewed and determined to be satisfactory;	1534

(Z) Furnishing copies of all reports that the director of	1535
veterans services has determined have been submitted	1536
satisfactorily under division (W) of this section to the	1537
chairperson of the finance committees of the general assembly;	1538

(AA) Investigating complaints against county veterans	1539
services commissioners and county veterans service officers if the	1540
director reasonably believes the investigation to be appropriate	1541
and necessary;	1542

(BB) Developing and maintaining a web site that is accessible	1543
by veterans and their dependents and provides a link to the web	1544
site of each state agency that issues a license, certificate, or	1545
other authorization permitting an individual to engage in an	1546
occupation or occupational activity;	1547

(CC) Encouraging state agencies to conduct outreach efforts	1548
through which veterans and their dependents can learn about	1549
available job and education benefits;	1550

(DD) Informing state agencies about changes in statutes and	1551
rules that affect veterans and their dependents;	1552

(EE) Assisting licensing agencies in adopting rules under	1553
section 5903.03 of the Revised Code;	1554

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

1555

Sec. 5903.01. As used in this chapter:

1556

"Armed forces" means the armed forces of the United States,	1557
including the army, navy, air force, marine corps, coast guard, or	1558
any reserve components of those forces; the national guard of any	1559
state; the commissioned corps of the United States public health	1560
service; the merchant marine service during wartime; such other	1561
service as may be designated by congress; or the Ohio organized	1562
militia when engaged in full-time national guard duty for a period	1563
of more than thirty days.	1564

"License" means a license, certificate, permit, or other	1565
authorization issued or conferred by a licensing agency under	1566
which a licensee may engage in a profession, occupation, or	1567
occupational activity.	1568

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

1569

(A) The person has been issued a license by a licensing	1570
agency.	1571

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

1572

(C) The person has served on active duty, whether inside or	1573
outside the United States, for a period in excess of thirty-one	1574
days.	1575

"Licensing agency" means any state department, division,	1576
board, commission, agency, or other state governmental unit	1577
authorized by the Revised Code to issue a license.	1578

"Service member" means any person who is serving in the armed	1579
forces.	1580

"Merchant marine" includes the United States army transport	1581
service and the United States naval transport service.	1582

"Veteran" means any person who has completed service in the	1583
armed forces, including the national guard of any state, or a	1584
reserve component of the armed forces, who has been discharged	1585
under honorable conditions from the armed forces or who has been	1586
transferred to the reserve with evidence of satisfactory service.	1587

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

1588

(1) "License" and "licensing agency" have the meanings	1589
defined in section 5903.12 of the Revised Code.	1590

(2) "Military, "military program of training" means a	1591
training program of the armed forces of the United States or a	1592
reserve component of the armed forces of the United States,	1593
including the Ohio national guard or the national guard of any	1594
other state.	1595

(B) Notwithstanding any provision of the Revised Code to the	1596
contrary, a licensing agency shall consider an applicant for a	1597
license:	1598

(1) To have met the educational requirement for that license	1599
if the applicant has completed a military program of training and	1600
has been awarded a military primary specialty at a level that is	1601
substantially equivalent to or exceeds the educational requirement	1602
for that license; and	1603

(2) To have met the experience requirement for that license	1604
if the applicant has served in that military primary specialty	1605
under honorable conditions for a period of time that is	1606
substantially equivalent to or exceeds the experience requirement	1607
for that license.	1608

(C) Each licensing agency, not later than June 30, 2014,	1609
shall adopt rules under Chapter 119. of the Revised Code regarding	1610
which military programs of training, military primary specialties,	1611
and lengths of service are substantially equivalent to or exceed	1612
the educational and experience requirements for each license that	1613
agency issues.	1614

Sec. 5903.04.  Each licensing agency shall adopt rules under	1615
Chapter 119. of the Revised Code to establish and implement all of	1616
the following:	1617

(A) A process to obtain from each applicant documentation and	1618
additional information necessary to determine if the applicant is	1619
a service member or veteran, or the spouse or surviving spouse of	1620
a service member or veteran;	1621

(B) A process to record, track, and monitor applications that	1622
have been received from a service member, veteran, or the spouse	1623
or surviving spouse of a service member or veteran; and	1624

(C) A process to prioritize and expedite certification or	1625
licensing for each applicant who is a service member, veteran, or	1626
the spouse or a surviving spouse of a service member or veteran.	1627

In establishing these processes, the licensing agency shall	1628
include any special accommodations that may be appropriate for	1629
applicants facing imminent deployment.	1630

Sec. 5903.05. A licensing agency shall apply for approval to	1631
the state approving agency at the Ohio department of veterans	1632
services as required under 38 U.S.C. 3672(a) to enable an eligible	1633
person or veteran to receive education benefits through the United	1634
States department of veterans affairs.	1635

Sec. 5903.10.  (A) A holder of an expired license or	1636
certificate from this state or any political subdivision or agency	1637
of the state to practice a trade or profession shall be granted a	1638
renewal of the license or certificate by the issuing board or	1639
authority at the usual cost without penalty and without	1640
re-examination if not otherwise disqualified because of mental or	1641
physical disability and if either of the following applies:	1642

(1) The license or certificate was not renewed because of the	1643
holder's service in the armed forces of the United States or a	1644
reserve component of the armed forces of the United States,	1645
including the Ohio national guard or the national guard of any	1646
other state.	1647

(2) The license or certificate was not renewed because the	1648
holder's spouse served in the armed forces of the United States or	1649
a reserve component of the armed forces of the United States,	1650
including the Ohio national guard or the national guard of any	1651
other state, and the service resulted in the holder's absence from	1652
this state.	1653

(B) A renewal shall not be granted under division (A) of this	1654
section unless the holder or the holder's spouse, whichever is	1655
applicable, has presented satisfactory evidence of the service	1656
member's discharge under honorable conditions or release under	1657
honorable conditions from active duty or national guard duty	1658
within six months after the discharge or release.	1659

Sec. 5903.11.  (A) Any federally funded employment and	1660
training program administered by any state agency including, but	1661
not limited to, the "Workforce Investment Act of 1998," 112 Stat.	1662
936, codified in scattered sections of 29 U.S.C., as amended,	1663
shall include a veteran priority system to provide maximum	1664
employment and training opportunities to veterans and eligible	1665
persons within each targeted group as established by federal law	1666
and state and federal policy in the service area. Disabled	1667
veterans, veterans of the Vietnam era, other veterans, and	1668
eligible persons shall receive preference over nonveterans within	1669
each targeted group in the provision of employment and training	1670
services available through these programs as required by this	1671
section.	1672

(B) Each state agency shall refer qualified applicants to job	1673
openings and training opportunities in programs described in	1674
division (A) of this section in the following order of priority:	1675

(1) Special disabled veterans;

1676

(2) Veterans of the Vietnam era;

1677

(3) Disabled veterans;

1678

(4) All other veterans;

1679

(5) Other eligible persons;

1680

(6) Nonveterans.

1681

(C) Each state agency providing employment and training	1682
services to veterans and eligible persons under programs described	1683
in division (A) of this section shall submit an annual written	1684
report to the speaker of the house of representatives and the	1685
president of the senate on the services that it provides to	1686
veterans and eligible persons. Each such agency shall report	1687
separately on all entitlement programs, employment or training	1688
programs, and any other programs that it provides to each class of	1689
persons described in divisions (B)(1) to (6) of this section. Each	1690
such agency shall also report on action taken to ensure compliance	1691
with statutory requirements. Compliance and reporting procedures	1692
shall be in accordance with the reporting procedures then in	1693
effect for all employment and training programs described in	1694
division (A) of this section, with the addition of veterans as a	1695
separate reporting module.	1696

(D) All state agencies that administer federally funded	1697
employment and training programs described in division (A) of this	1698
section for veterans and eligible persons shall do all of the	1699
following:	1700

(1) Ensure that veterans are treated with courtesy and	1701
respect at all state governmental facilities;	1702

(2) Give priority in referral to jobs to qualified veterans	1703
and other eligible persons;	1704

(3) Give priority in referral to and enrollment in training	1705
programs to qualified veterans and other eligible persons;	1706

(4) Give preferential treatment to special disabled veterans	1707
in the provision of all needed state services;	1708

(5) Provide information and effective referral assistance to	1709
veterans and other eligible persons regarding needed benefits and	1710
services that may be obtained through other agencies.	1711

(E) As used in this section:

1712

(1) "Special disabled veteran" means a veteran who is	1713
entitled to, or who but for the receipt of military pay would be	1714
entitled to, compensation under any law administered by the	1715
department of veterans affairs for a disability rated at thirty	1716
per cent or more or a person who was discharged or released from	1717
active duty because of a service-connected disability.	1718

(2) "Veteran of the Vietnam era" means an eligible veteran	1719
who served on active duty for a period of more than one hundred	1720
eighty days, any part of which occurred from August 5, 1964,	1721
through May 7, 1975, and was discharged or released therefrom with	1722
other than a dishonorable discharge or a person who was discharged	1723
or released from active duty for a service-connected disability if	1724
any part of the active duty was performed from August 5, 1964,	1725
through May 7, 1975.	1726

(3) "Disabled veteran" means a veteran who is entitled to, or	1727
who but for the receipt of military retirement pay would be	1728
entitled to compensation, under any law administered by the	1729
department of veterans affairs and who is not a special disabled	1730
veteran.	1731

(4) "Eligible veteran" means a person who served on active	1732
duty for more than one hundred eighty days and was discharged or	1733
released from active duty with other than a dishonorable discharge	1734
or a person who was discharged or released from active duty	1735
because of a service-connected disability.	1736

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

1737

(a) The spouse of any person who died of a service-connected	1738
disability;	1739

(b) The spouse of any member of the armed forces serving on	1740
active duty who at the time of the spouse's application for	1741
assistance under any program described in division (A) of this	1742
section is listed pursuant to the "Act of September 6, 1966," 80	1743
Stat. 629, 37 U.S.C.A. 556, and the regulations issued pursuant	1744
thereto, as having been in one or more of the following categories	1745
for a total of ninety or more days:	1746

(i) Missing in action;

1747

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

1748

(iii) Forcibly detained or interned in line of duty by a	1749
foreign government or power.	1750

(c) The spouse of any person who has a total disability	1751
permanent in nature resulting from a service-connected disability	1752
or the spouse of a veteran who died while such a disability was in	1753
existence.	1754

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

1755

(a) Any persona veteran as defined in section 5903.01 of the	1756
Revised Code who was a member of the armed forces of the United	1757
States for a period of one hundred eighty days or more or; a	1758
person who was discharged or released from active duty because of	1759
a service-connected disability;	1760

(b) Aor a person who served as a member of the United States	1761
merchant marine and to whom either of the following applies:	1762

(i)(a) The person has an honorable report of separation from	1763
active duty military service, form DD214 or DD215.; or	1764

(ii)(b) The person served in the United States merchant	1765
marine between December 7, 1941, and December 31, 1946, and died	1766
on active duty while serving in a war zone during that period of	1767
service.	1768

(7) "Armed forces of the United States" means the army, air	1769
force, navy, marine corps, coast guard, and any other military	1770
service branch that is designated by congress as a part of the	1771
armed forces of the United States.	1772

(8) "Employment program" means a program which provides	1773
referral of individuals to employer job openings in the federal,	1774
state, or private sector.	1775

(9)(8) "Training program" means any program that upgrades the	1776
employability of qualified applicants.	1777

(10)(9) "Entitlement program" means any program that enlists	1778
specific criteria in determining eligibility, including but not	1779
limited to the existence in special segments of the general	1780
population of specific financial needs.	1781

(11)(10) "Targeted group" means a group of persons designated	1782
by federal law or regulations or by state law to receive special	1783
assistance under an employment and training program described in	1784
division (A) of this section.	1785

(12) "United States merchant marine" includes the United	1786
States army transport service and the United States naval	1787
transport service.	1788

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

1789

(1) "Continuing education" means continuing education	1790
required of a licensee by law and includes, but is not limited to,	1791
the continuing education required of licensees under sections	1792
3737.881, 3781.10, 4701.11, 4715.141, 4715.25, 4717.09, 4723.24,	1793
4725.16, 4725.51, 4730.14, 4730.49, 4731.281, 4734.25, 4735.141,	1794
4736.11, 4741.16, 4741.19, 4751.07, 4755.63, 4757.33, 4759.06,	1795
4761.06, and 4763.07 of the Revised Code.	1796

(2) "License" means a license, certificate, permit, or other	1797
authorization issued or conferred by a licensing agency under	1798
which a licensee may engage in a profession, occupation, or	1799
occupational activity.	1800

(3) "Licensee" means a person to whom all of the following	1801
apply:	1802

(a) The person has been issued a license by a licensing	1803
agency.	1804

(b) The person has been a member of the armed forces of the	1805
United States, the Ohio national guard, the Ohio military reserve,	1806
the Ohio naval militia, the national guard of any other state, or	1807
a reserve component of the armed forces of the United States.	1808

(c) The person has served on active duty, whether inside or	1809
outside the United States, for a period in excess of thirty-one	1810
days.	1811

(4) "Licensing agency" means any state department, division,	1812
board, commission, agency, or other state governmental unit	1813
authorized by the Revised Code to issue a license.	1814

(5) "Reporting period" means the period of time during which	1815
a licensee must complete the number of hours of continuing	1816
education required of the licensee by law.	1817

(B) A licensee may submit an application to a licensing	1818
agency, stating that the licensee requires an extension of the	1819
current reporting period because the licensee has served on active	1820
duty as described in division (A)(3)(c) of this section during the	1821
current or a prior reporting period. The licensee shall submit	1822
proper documentation certifying the active duty service and the	1823
length of that active duty service. Upon receiving the application	1824
and proper documentation, the licensing agency shall extend the	1825
current reporting period by an amount of time equal to the total	1826
number of months that the licensee spent on active duty during the	1827
current reporting period. For purposes of this division, any	1828
portion of a month served on active duty shall be considered one	1829
full month.	1830

Sec. 5903.121. A "licensing agency," as defined in section	1831
5903.12 of the Revised Code, shall consider relevant education,	1832
training, or service completed by a licensee as a member of the	1833
armed forces of the United States or reserve components thereof,	1834
the Ohio national guard, the Ohio military reserve, the Ohio naval	1835
militia, or the national guard of any other state in determining	1836
whether a licensee has fulfilled required continuing education.	1837

Sec. 5903.15.  (A) As used in this section "employer" means	1838
any person who has one or more employees. "Employer" includes an	1839
agent of an employer but does not include the state or any agency	1840
of the state, and any municipal corporation, county, township,	1841
school district, or other political subdivision or any agency or	1842
instrumentality thereof.	1843

(B) An employer may adopt a policy to provide a preference	1844
for employment decisions, including hiring, promotion, or	1845
retention during a reduction in force, to a service member,	1846
veteran, or the spouse or a surviving spouse of a service member	1847
or veteran.	1848

(C) A preference provided under division (B) of this section	1849
is not a violation of any state or local equal employment	1850
opportunity law. The unlawful discriminatory practices as defined	1851
in section 4112.02 of the Revised Code do not make it unlawful for	1852
an employer implementing a policy under this section to obtain	1853
information about an applicant's military status for the purpose	1854
of determining if the applicant is eligible for the preference	1855
provided under this policy.	1856

(D) If an employer elects to adopt a policy described in	1857
division (B) of this section, the employer may notify the Ohio	1858
department of job and family services. The department of job and	1859
family services shall maintain a registry of employers that have a	1860
voluntary veterans' preference employment policy as described in	1861
this section, which shall be available to the public on the web	1862
site maintained by the department. The department of veterans	1863
services shall make available on the department's web site a link	1864
to the registry.	1865

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

1866

(1) "Armed forces of the United States" has the same meaning	1867
as in section 5903.11 of the Revised Codemeans the army, air	1868
force, navy, marine corps, coast guard, and any other military	1869
service branch that is designated by congress as a part of the	1870
armed forces of the United States.	1871

(2) "Domiciliary" means a separate area within the Ohio	1872
veterans' home providing domiciliary care.	1873

(3) "Domiciliary care" means providing shelter, food, and	1874
necessary medical care on an ambulatory self-care basis to	1875
eligible veterans who do not need the nursing services provided in	1876
nursing homes.	1877

(4) "Nursing home" has the same meaning as in section 3721.01	1878
of the Revised Code.	1879

(5) "Veteran" has the same meaning as in section 5901.01 of	1880
the Revised Code.	1881

(B) There are hereby established the Ohio veterans' homes	1882
within the department of veterans services. The department shall	1883
maintain and operate state veterans' homes as administered under	1884
the state veterans' home programs defined in Title 38 of the	1885
United States Code.	1886

Sec. 5907.04. SubjectAs used in this section, "armed forces	1887
of the United States" means the army, air force, navy, marine	1888
corps, coast guard, and any other military service branch that is	1889
designated by congress as a part of the armed forces of the United	1890
States.	1891

Subject to the following paragraph, all veterans, who served	1892
during a period of conflict as determined by the United States	1893
department of veterans affairs or any person who is awarded either	1894
the armed forces expeditionary medal established by presidential	1895
executive order 10977 dated December 4, 1961, or the Vietnam	1896
service medal established by presidential executive order 11231	1897
dated July 8, 1965, who have been honorably discharged or	1898
separated under honorable conditions therefrom, or any discharged	1899
members of the Polish and Czechoslovakian armed forces who served	1900
in armed conflict with an enemy of the United States in World War	1901
II who have been citizens of the United States for at least ten	1902
years, provided that the above-mentioned persons have been	1903
citizens of this state for one year or more at the date of making	1904
application for admission, are disabled by disease, wounds, or	1905
otherwise, and are by reason of such disability incapable of	1906
earning their living, and all members of the Ohio national guard	1907
or naval militia who have lost an arm or leg, or their sight, or	1908
become permanently disabled from any cause, while in the line and	1909
discharge of duty, and are not able to support themselves, may be	1910
admitted to a veterans' home under such rules as the director of	1911
veterans services adopts.	1912

A veteran who served in the armed forces of the United States	1913
as defined in division (E)(7) of section 5903.11 of the Revised	1914
Code is eligible for admission to a veterans' home under the	1915
preceding paragraph only if the person has the characteristics	1916
defined in division (B)(1) of section 5901.01 of the Revised Code.	1917

Veterans' homes may reserve a bed during the temporary	1918
absence of a resident or patient from the home, including a	1919
nursing home within it, under conditions prescribed by the	1920
director, to include hospitalization for an acute condition,	1921
visits with relatives and friends, and participation in	1922
therapeutic programs outside the home. A home shall not reserve a	1923
bed for more than thirty days, except that absences for more than	1924
thirty days due to hospitalization may be authorized.	1925

Section 2.  That existing sections 1306.20, 2913.01, 2913.02,	1926
2913.43, 2913.49, 2913.61, 3333.28, 4729.12, 4729.13, 4729.15,	1927
4731.36, 4743.04, 5902.02, 5903.03, 5903.10, 5903.11, 5903.12,	1928
5903.121, 5907.01, and 5907.04 of the Revised Code are hereby	1929
repealed.	1930

Section 3.  The Director of Veterans Services shall implement	1931
divisions (BB) to (EE) of section 5902.02 of the Revised Code not	1932
later than December 31, 2014.	1933

Section 4.  A licensing agency that is required to adopt	1934
rules under section 5903.04 of the Revised Code shall adopt	1935
initial rules not later than December 31, 2014.	1936

Section 5. State agencies that are required to apply for	1937
approval to the State Approving Agency at the Ohio Department of	1938
Veterans Services under section 5903.05 of the Revised Code shall	1939
do so initially not later than December 31, 2014.	1940

Section 6. The Chancellor of the Ohio Board of Regents shall	1941
prepare a report describing the progress made by state	1942
institutions of higher education toward implementation of this act	1943
by the Chancellor and by state institutions of higher education.	1944
The report shall include recommendations and ideas on how to	1945
integrate service members and veterans into the campus environment	1946
and how to promote academic achievement among service members and	1947
veterans in order to better prepare service members and the	1948
veterans to enter the workforce. The Chancellor, within six months	1949
after the effective date of this section, shall deliver the report	1950
to the General Assembly under division (B) of section 101.68 of	1951
the Revised Code.	1952

Section 7. Section 4731.36 of the Revised Code is presented	1953
in this act as a composite of the section as amended by both Sub.	1954
H.B. 251 and Sub. S.B. 141 of the 129th General Assembly. The	1955
General Assembly, applying the principle stated in division (B) of	1956
section 1.52 of the Revised Code that amendments are to be	1957
harmonized if reasonably capable of simultaneous operation, finds	1958
that the composite is the resulting version of the section in	1959
effect prior to the effective date of the section as presented in	1960
this act.	1961