REPRESENTATIVES Collier, Calvert, Peterson, Cates, Clancy, T. Patton, Setzer, Hughes, Carano, Skindell, Aslanides, Ujvagi, D. Evans, Harwood, Allen, DeWine, Distel, Perry, Schaffer, Beatty, Barrett, Kearns, Latta, Brown, Chandler, Cirelli, C. Evans, Fessler, Flowers, Hartnett, Hollister, Hoops, Otterman, Raussen, Schmidt, Schneider, Taylor, Walcher

To amend sections 323.151, 955.011, 2913.01, 2913.02,

1

2921.321, 4503.064, and 5117.01 of the Revised

2

Code to expand the offense of "harassing a police

3

dog or horse"; to rename "handicapped assistance

4

dogs" as "service dogs"; to enact the offense of

5

"harassing a service dog"; to require an offender

6

who commits any of the assault or harassment

7

offenses related to police dogs or horses or

8

service dogs to pay resulting veterinary,

9

replacement, and training costs; to make theft of

10

a police dog or horse or a service dog a third

11

degree felony; to include seizure assistance,

12

response, and alert dogs as "service dogs" for the

13

assault, harassment, and theft offenses related to

14

service dogs; to exempt seizure assistance,

15

seizure response, or seizure alert dogs from the

16

fee for registration and provide that the

17

registration is permanent; and to replace the

18

phrase "unfit to work" with "unable to work" in

19

various definitions related to persons with a

20

disability.

21

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

Section 1. That sections 323.151, 955.011, 2913.01, 2913.02,	22
2921.321, 4503.064, and 5117.01 of the Revised Code be amended to	23
read as follows:	24

Sec. 323.151.  As used in sections 323.151 to 323.159 of the	25
Revised Code:	26

(A) "Homestead" means either of the following:

27

(1) A dwelling, including a unit in a multiple-unit dwelling	28
and a manufactured home or mobile home taxed as real property	29
pursuant to division (B) of section 4503.06 of the Revised Code,	30
owned and occupied as a home by an individual whose domicile is in	31
this state and who has not acquired ownership from a person, other	32
than the individual's spouse, related by consanguinity or affinity	33
for the purpose of qualifying for the real property tax reduction	34
provided in section 323.152 of the Revised Code.	35

(2) A unit in a housing cooperative that is occupied as a	36
home, but not owned, by an individual whose domicile is in this	37
state.	38

The homestead shall include so much of the land surrounding	39
it, not exceeding one acre, as is reasonably necessary for the use	40
of the dwelling or unit as a home. An owner includes a holder of	41
one of the several estates in fee, a vendee in possession under a	42
purchase agreement or a land contract, a mortgagor, a life tenant,	43
one or more tenants with a right of survivorship, tenants in	44
common, and a settlor of a revocable inter vivos trust holding the	45
title to a homestead occupied by the settlor as of right under the	46
trust. The tax commissioner shall adopt rules for the uniform	47
classification and valuation of real property or portions of real	48
property as homesteads.	49

(B) "Sixty-five years of age or older" means a person who has	50
attained age sixty-four prior to the first day of January of the	51
year of application for reduction in real estate taxes.	52

(C) "Total income" means the adjusted gross income of the	53
owner and the owner's spouse for the year preceding the year in	54
which application for a reduction in taxes is made, as determined	55
under the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	56
U.S.C.A. 1, as amended, adjusted as follows:	57

(1) Subtract the amount of disability benefits included in	58
adjusted gross income, but not to exceed fifty-two hundred	59
dollars;	60

(2) Add old age and survivors benefits received pursuant to	61
the "Social Security Act" that are not included in adjusted gross	62
income;	63

(3) Add retirement, pension, annuity, or other retirement	64
payments or benefits not included in adjusted gross income;	65

(4) Add tier I and tier II railroad retirement benefits	66
received pursuant to the "Railroad Retirement Act," 50 Stat. 307,	67
45 U.S.C.A. 228;	68

(5) Add interest on federal, state, and local government	69
obligations;	70

(6) For a person who received the homestead exemption for a	71
prior year on the basis of being permanently and totally disabled	72
and whose current application for the exemption is made on the	73
basis of age, subtract the following amount:	74

(a) If the person received disability benefits that were not	75
included in adjusted gross income in the year preceding the first	76
year in which the person applied for the exemption on the basis of	77
age, subtract an amount equal to the disability benefits the	78
person received in that preceding year, to the extent included in	79
total income in the current year and not subtracted under division	80
(C)(1) of this section in the current year;	81

(b) If the person received disability benefits that were	82
included in adjusted gross income in the year preceding the first	83
year in which the person applied for the exemption on the basis of	84
age, subtract an amount equal to the amount of disability benefits	85
that were subtracted pursuant to division (C)(1) of this section	86
in that preceding year, to the extent included in total income in	87
the current year and not subtracted under division (C)(1) of this	88
section in the current year.	89

Disability benefits that are paid by the department of	90
veterans affairs or a branch of the armed forces of the United	91
States on account of an injury or disability shall not be included	92
in total income.	93

(D) "Old age and survivors benefits received pursuant to the	94
'Social Security Act'" or "tier I railroad retirement benefits	95
received pursuant to the 'Railroad Retirement Act'" means:	96

(1) For those persons receiving the homestead exemption for	97
the first time for tax years 1976 and earlier, old age benefits	98
payable under the social security or railroad retirement laws in	99
effect on December 31, 1975, except in those cases where a change	100
in social security or railroad retirement benefits would result in	101
a reduction in income.	102

(2) For those persons receiving the homestead exemption for	103
the first time for tax years 1977 and thereafter, old age benefits	104
payable under the social security or railroad retirement laws in	105
effect on the last day of the calendar year prior to the year for	106
which the homestead exemption is first received, or, if no such	107
benefits are payable that year, old age benefits payable the first	108
succeeding year in which old age benefits under the social	109
security or railroad retirement laws are payable, except in those	110
cases where a change in social security or railroad retirement	111
benefits results in a reduction in income.	112

(3) The lesser of:

113

(a) Survivors benefits payable under the social security or	114
railroad retirement laws in effect on the last day of the calendar	115
year prior to the year for which the homestead exemption is first	116
received, or, if no such benefits are payable that year, survivors	117
benefits payable the first succeeding year in which survivors	118
benefits are payable; or	119

(b) Old age benefits of the deceased spouse, as determined	120
under division (D)(1) or (2) of this section, upon which the	121
surviving spouse's survivors benefits are based under the social	122
security or railroad retirement laws, except in those cases where	123
a change in benefits would cause a reduction in income.	124

Survivors benefits are those described in division (D)(3)(b)	125
of this section only if the deceased spouse received old age	126
benefits in the year in which the deceased spouse died. If the	127
deceased spouse did not receive old age benefits in the year in	128
which the deceased spouse died, then survivors benefits are those	129
described in division (D)(3)(a) of this section.	130

(E) "Permanently and totally disabled" means a person who	131
has, on the first day of January of the year of application for	132
reduction in real estate taxes, some impairment in body or mind	133
that makes the person unfitunable to work at any substantially	134
remunerative employment that the person is reasonably able to	135
perform and that will, with reasonable probability, continue for	136
an indefinite period of at least twelve months without any present	137
indication of recovery therefrom or has been certified as	138
permanently and totally disabled by a state or federal agency	139
having the function of so classifying persons.	140

(F) "Housing cooperative" means a housing complex of at least	141
two hundred fifty units that is owned and operated by a nonprofit	142
corporation that issues a share of the corporation's stock to an	143
individual, entitling the individual to live in a unit of the	144
complex, and collects a monthly maintenance fee from the	145
individual to maintain, operate, and pay the taxes of the complex.	146

Sec. 955.011.  (A) When an application is made for	147
registration of a dog that is in training to become or serves as a	148
guide or leader for a blind person or as a listener for a deaf	149
person or, that is in training to provide or provides support or	150
assistance for a mobility impaired person, or that is in training	151
to become or serves as a seizure assistance, seizure response, or	152
seizure alert dog for a person with a seizure disorder, and the	153
owner can show proof by certificate or other means that the dog is	154
in training or has been trained for that purpose by a nonprofit	155
special agency engaged in such work, the owner of such a guide,	156
leader, hearing, or support, seizure assistance, seizure response,	157
or seizure alert dog shall be exempt from any fee for such	158
registration. Registration for such a dog in training or serving	159
as a guide or leader for a blind person, as a listener for a deaf	160
person, or as a support dog for a mobility impaired person, or as	161
a seizure assistance, seizure response, or seizure alert dog for a	162
person with a seizure disorder shall be permanent and not subject	163
to annual renewal so long as the dog is in training or so serves.	164
Certificates and tags stamped "Ohio Handicapped AssistanceService	165
Dog-Permanent Registration," with registration number, shall be	166
issued upon registration of such a dog. Any certificate and tag	167
stamped "Ohio Guide Dog-Permanent Registration" or "Ohio Hearing	168
Dog-Permanent Registration," with registration number, that was	169
issued for a dog in accordance with this section as it existed	170
prior to July 4, 1984, and any certificate and tag stamped "Ohio	171
Handicapped Assistance Dog-Permanent Registration," with	172
registration number, that was issued for a dog in accordance with	173
this section as it existed on and after July 5, 1984, and prior to	174
the effective date of this amendment, shall remain in effect as	175
valid proof of the registration of the dog on and after thatthe	176
effective date of this amendment. Duplicate certificates and tags	177
for a dog registered in accordance with this section, upon proper	178
proof of loss, shall be issued and no fee required. Each duplicate	179
certificate and tag that is issued shall be stamped "Ohio	180
Handicapped AssistanceService Dog-Permanent Registration."	181

(B) As used in this section and in sections 955.16 and 955.43	182
of the Revised Code:	183

(1) "Mobility impaired person" means any person, regardless	184
of age, who is subject to a physiological defect or deficiency	185
regardless of its cause, nature, or extent that renders the person	186
unable to move about without the aid of crutches, a wheelchair, or	187
any other form of support, or that limits the person's functional	188
ability to ambulate, climb, descend, sit, rise, or to perform any	189
related function.	190

(2) "Blind" means either of the following:

191

(a) Vision twenty/two hundred or less in the better eye with	192
proper correction.	193

(b) Field defect in the better eye with proper correction	194
which contracts the peripheral field so that the diameter of the	195
visual field subtends an angle no greater than twenty degrees.	196

Sec. 2913.01.  As used in this chapter, unless the context	197
requires that a term be given a different meaning:	198

(A) "Deception" means knowingly deceiving another or causing	199
another to be deceived by any false or misleading representation,	200
by withholding information, by preventing another from acquiring	201
information, or by any other conduct, act, or omission that	202
creates, confirms, or perpetuates a false impression in another,	203
including a false impression as to law, value, state of mind, or	204
other objective or subjective fact.	205

(B) "Defraud" means to knowingly obtain, by deception, some	206
benefit for oneself or another, or to knowingly cause, by	207
deception, some detriment to another.	208

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

209

(1) Withhold property of another permanently, or for a period	210
that appropriates a substantial portion of its value or use, or	211
with purpose to restore it only upon payment of a reward or other	212
consideration;	213

(2) Dispose of property so as to make it unlikely that the	214
owner will recover it;	215

(3) Accept, use, or appropriate money, property, or services,	216
with purpose not to give proper consideration in return for the	217
money, property, or services, and without reasonable justification	218
or excuse for not giving proper consideration.	219

(D) "Owner" means, unless the context requires a different	220
meaning, any person, other than the actor, who is the owner of,	221
who has possession or control of, or who has any license or	222
interest in property or services, even though the ownership,	223
possession, control, license, or interest is unlawful.	224

(E) "Services" include labor, personal services, professional	225
services, public utility services, common carrier services, and	226
food, drink, transportation, entertainment, and cable television	227
services and, for purposes of section 2913.04 of the Revised Code,	228
include cable services as defined in that section.	229

(F) "Writing" means any computer software, document, letter,	230
memorandum, note, paper, plate, data, film, or other thing having	231
in or upon it any written, typewritten, or printed matter, and any	232
token, stamp, seal, credit card, badge, trademark, label, or other	233
symbol of value, right, privilege, license, or identification.	234

(G) "Forge" means to fabricate or create, in whole or in part	235
and by any means, any spurious writing, or to make, execute,	236
alter, complete, reproduce, or otherwise purport to authenticate	237
any writing, when the writing in fact is not authenticated by that	238
conduct.	239

(H) "Utter" means to issue, publish, transfer, use, put or	240
send into circulation, deliver, or display.	241

(I) "Coin machine" means any mechanical or electronic device	242
designed to do both of the following:	243

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

244

(2) In return for the insertion or deposit of a coin, bill,	245
or token, automatically dispense property, provide a service, or	246
grant a license.	247

(J) "Slug" means an object that, by virtue of its size,	248
shape, composition, or other quality, is capable of being inserted	249
or deposited in a coin machine as an improper substitute for a	250
genuine coin, bill, or token made for that purpose.	251

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

252

(1) A violation of section 2911.01, 2911.02, 2911.11,	253
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,	254
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	255
2913.33, 2913.34, 2913.40, 2913.42, 2913.43, 2913.44, 2913.45,	256
2913.47, former section 2913.47 or 2913.48, or section 2913.51,	257
2915.05, or 2921.41 of the Revised Code;	258

(2) A violation of an existing or former municipal ordinance	259
or law of this or any other state, or of the United States,	260
substantially equivalent to any section listed in division (K)(1)	261
of this section or a violation of section 2913.41, 2913.81, or	262
2915.06 of the Revised Code as it existed prior to July 1, 1996;	263

(3) An offense under an existing or former municipal	264
ordinance or law of this or any other state, or of the United	265
States, involving robbery, burglary, breaking and entering, theft,	266
embezzlement, wrongful conversion, forgery, counterfeiting,	267
deceit, or fraud;	268

(4) A conspiracy or attempt to commit, or complicity in	269
committing, any offense under division (K)(1), (2), or (3) of this	270
section.	271

(L) "Computer services" includes, but is not limited to, the	272
use of a computer system, computer network, computer program, data	273
that is prepared for computer use, or data that is contained	274
within a computer system or computer network.	275

(M) "Computer" means an electronic device that performs	276
logical, arithmetic, and memory functions by the manipulation of	277
electronic or magnetic impulses. "Computer" includes, but is not	278
limited to, all input, output, processing, storage, computer	279
program, or communication facilities that are connected, or	280
related, in a computer system or network to an electronic device	281
of that nature.	282

(N) "Computer system" means a computer and related devices,	283
whether connected or unconnected, including, but not limited to,	284
data input, output, and storage devices, data communications	285
links, and computer programs and data that make the system capable	286
of performing specified special purpose data processing tasks.	287

(O) "Computer network" means a set of related and remotely	288
connected computers and communication facilities that includes	289
more than one computer system that has the capability to transmit	290
among the connected computers and communication facilities through	291
the use of computer facilities.	292

(P) "Computer program" means an ordered set of data	293
representing coded instructions or statements that, when executed	294
by a computer, cause the computer to process data.	295

(Q) "Computer software" means computer programs, procedures,	296
and other documentation associated with the operation of a	297
computer system.	298

(R) "Data" means a representation of information, knowledge,	299
facts, concepts, or instructions that are being or have been	300
prepared in a formalized manner and that are intended for use in a	301
computer, computer system, or computer network. For purposes of	302
section 2913.47 of the Revised Code, "data" has the additional	303
meaning set forth in division (A) of that section.	304

(S) "Cable television service" means any services provided by	305
or through the facilities of any cable television system or other	306
similar closed circuit coaxial cable communications system, or any	307
microwave or similar transmission service used in connection with	308
any cable television system or other similar closed circuit	309
coaxial cable communications system.	310

(T) "Gain access" means to approach, instruct, communicate	311
with, store data in, retrieve data from, or otherwise make use of	312
any resources of a computer, computer system, or computer network,	313
or any cable service or cable system both as defined in section	314
2913.04 of the Revised Code.	315

(U) "Credit card" includes, but is not limited to, a card,	316
code, device, or other means of access to a customer's account for	317
the purpose of obtaining money, property, labor, or services on	318
credit, or for initiating an electronic fund transfer at a	319
point-of-sale terminal, an automated teller machine, or a cash	320
dispensing machine. It also includes a county procurement card	321
issued under section 301.29 of the Revised Code.	322

(V) "Electronic fund transfer" has the same meaning as in 92	323
Stat. 3728, 15 U.S.C.A. 1693a, as amended.	324

(W) "Rented property" means personal property in which the	325
right of possession and use of the property is for a short and	326
possibly indeterminate term in return for consideration; the	327
rentee generally controls the duration of possession of the	328
property, within any applicable minimum or maximum term; and the	329
amount of consideration generally is determined by the duration of	330
possession of the property.	331

(X) "Telecommunication" means the origination, emission,	332
dissemination, transmission, or reception of data, images,	333
signals, sounds, or other intelligence or equivalence of	334
intelligence of any nature over any communications system by any	335
method, including, but not limited to, a fiber optic, electronic,	336
magnetic, optical, digital, or analog method.	337

(Y) "Telecommunications device" means any instrument,	338
equipment, machine, or other device that facilitates	339
telecommunication, including, but not limited to, a computer,	340
computer network, computer chip, computer circuit, scanner,	341
telephone, cellular telephone, pager, personal communications	342
device, transponder, receiver, radio, modem, or device that	343
enables the use of a modem.	344

(Z) "Telecommunications service" means the providing,	345
allowing, facilitating, or generating of any form of	346
telecommunication through the use of a telecommunications device	347
over a telecommunications system.	348

(AA) "Counterfeit telecommunications device" means a	349
telecommunications device that, alone or with another	350
telecommunications device, has been altered, constructed,	351
manufactured, or programmed to acquire, intercept, receive, or	352
otherwise facilitate the use of a telecommunications service or	353
information service without the authority or consent of the	354
provider of the telecommunications service or information service.	355
"Counterfeit telecommunications device" includes, but is not	356
limited to, a clone telephone, clone microchip, tumbler telephone,	357
or tumbler microchip; a wireless scanning device capable of	358
acquiring, intercepting, receiving, or otherwise facilitating the	359
use of telecommunications service or information service without	360
immediate detection; or a device, equipment, hardware, or software	361
designed for, or capable of, altering or changing the electronic	362
serial number in a wireless telephone.	363

(BB)(1) "Information service" means, subject to division	364
(BB)(2) of this section, the offering of a capability for	365
generating, acquiring, storing, transforming, processing,	366
retrieving, utilizing, or making available information via	367
telecommunications, including, but not limited to, electronic	368
publishing.	369

(2) "Information service" does not include any use of a	370
capability of a type described in division (BB)(1) of this section	371
for the management, control, or operation of a telecommunications	372
system or the management of a telecommunications service.	373

(CC) "Elderly person" means a person who is sixty-five years	374
of age or older.	375

(DD) "Disabled adult" means a person who is eighteen years of	376
age or older and has some impairment of body or mind that makes	377
the person unfitunable to work at any substantially remunerative	378
employment that the person otherwise would be able to perform and	379
that will, with reasonable probability, continue for a period of	380
at least twelve months without any present indication of recovery	381
from the impairment, or who is eighteen years of age or older and	382
has been certified as permanently and totally disabled by an	383
agency of this state or the United States that has the function of	384
so classifying persons.	385

(EE) "Firearm" and "dangerous ordnance" have the same	386
meanings as in section 2923.11 of the Revised Code.	387

(FF) "Motor vehicle" has the same meaning as in section	388
4501.01 of the Revised Code.	389

(GG) "Dangerous drug" has the same meaning as in section	390
4729.01 of the Revised Code.	391

(HH) "Drug abuse offense" has the same meaning as in section	392
2925.01 of the Revised Code.	393

(II) "Police dog or horse" and "service dog" have the same	394
meanings as in section 2921.321 of the Revised Code.	395

Sec. 2913.02.  (A) No person, with purpose to deprive the	396
owner of property or services, shall knowingly obtain or exert	397
control over either the property or services in any of the	398
following ways:	399

(1) Without the consent of the owner or person authorized to	400
give consent;	401

(2) Beyond the scope of the express or implied consent of the	402
owner or person authorized to give consent;	403

(3) By deception;

404

(4) By threat;

405

(5) By intimidation.

406

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

407

(2) Except as otherwise provided in this division or division	408
(B)(3), (4), (5), or (6), or (7) of this section, a violation of	409
this section is petty theft, a misdemeanor of the first degree. If	410
the value of the property or services stolen is five hundred	411
dollars or more and is less than five thousand dollars or if the	412
property stolen is any of the property listed in section 2913.71	413
of the Revised Code, a violation of this section is theft, a	414
felony of the fifth degree. If the value of the property or	415
services stolen is five thousand dollars or more and is less than	416
one hundred thousand dollars, a violation of this section is grand	417
theft, a felony of the fourth degree. If the value of the property	418
or services stolen is one hundred thousand dollars or more and is	419
less than five hundred thousand dollars, a violation of this	420
section is aggravated theft, a felony of the third degree. If the	421
value of the property or services is five hundred thousand dollars	422
or more and is less than one million dollars, a violation of this	423
section is aggravated theft, a felony of the second degree. If the	424
value of the property or services stolen is one million dollars or	425
more, a violation of this section is aggravated theft of one	426
million dollars or more, a felony of the first degree.	427

(3) Except as otherwise provided in division (B)(4), (5), or	428
(6), or (7) of this section, if the victim of the offense is an	429
elderly person or disabled adult, a violation of this section is	430
theft from an elderly person or disabled adult, and division	431
(B)(3) of this section applies. Except as otherwise provided in	432
this division, theft from an elderly person or disabled adult is a	433
felony of the fifth degree. If the value of the property or	434
services stolen is five hundred dollars or more and is less than	435
five thousand dollars, theft from an elderly person or disabled	436
adult is a felony of the fourth degree. If the value of the	437
property or services stolen is five thousand dollars or more and	438
is less than twenty-five thousand dollars, theft from an elderly	439
person or disabled adult is a felony of the third degree. If the	440
value of the property or services stolen is twenty-five thousand	441
dollars or more and is less than one hundred thousand dollars,	442
theft from an elderly person or disabled adult is a felony of the	443
second degree. If the value of the property or services stolen is	444
one hundred thousand dollars or more, theft from an elderly person	445
or disabled adult is a felony of the first degree.	446

(4) If the property stolen is a firearm or dangerous	447
ordnance, a violation of this section is grand theft, a felony of	448
the third degree, and there is a presumption in favor of the court	449
imposing a prison term for the offense. The offender shall serve	450
the prison term consecutively to any other prison term or	451
mandatory prison term previously or subsequently imposed upon the	452
offender.	453

(5) If the property stolen is a motor vehicle, a violation of	454
this section is grand theft of a motor vehicle, a felony of the	455
fourth degree.	456

(6) If the property stolen is any dangerous drug, a violation	457
of this section is theft of drugs, a felony of the fourth degree,	458
or, if the offender previously has been convicted of a felony drug	459
abuse offense, a felony of the third degree.	460

(7) If the property stolen is a police dog or horse or a	461
service dog and the offender knows or should know that the	462
property stolen is a police dog or horse or service dog, a	463
violation of this section is theft of a police dog or horse or	464
service dog, a felony of the third degree.	465

(8) In addition to the penalties described in division (B)(2)	466
of this section, if the offender committed the violation by	467
causing a motor vehicle to leave the premises of an establishment	468
at which gasoline is offered for retail sale without the offender	469
making full payment for gasoline that was dispensed into the fuel	470
tank of the motor vehicle or into another container, the court may	471
do one of the following:	472

(a) Unless division (B)(7)(8)(b) of this section applies,	473
suspend for not more than six months the offender's driver's	474
license, probationary driver's license, commercial driver's	475
license, temporary instruction permit, or nonresident operating	476
privilege;	477

(b) If the offender's driver's license, probationary driver's	478
license, commercial driver's license, temporary instruction	479
permit, or nonresident operating privilege has previously been	480
suspended pursuant to division (B)(7)(8)(a) of this section,	481
impose a class seven suspension of the offender's license, permit,	482
or privilege from the range specified in division (A)(7) of	483
section 4510.02 of the Revised Code, provided that the suspension	484
shall be for at least six months.	485

(C) The sentencing court that suspends an offender's license,	486
permit, or nonresident operating privilege under division	487
(B)(7)(8) of this section may grant the offender limited driving	488
privileges during the period of the suspension in accordance with	489
Chapter 4510. of the Revised Code.	490

Sec. 2921.321.  (A) No person shall knowingly cause, or	491
attempt to cause, physical harm to a police dog or horse in either	492
of the following circumstances:	493

(1) The police dog or horse is assisting a law enforcement	494
officer in the performance of the officer's official duties at the	495
time the physical harm is caused or attempted.	496

(2) The police dog or horse is not assisting a law	497
enforcement officer in the performance of the officer's official	498
duties at the time the physical harm is caused or attempted, but	499
the offender has actual knowledge that the dog or horse is a	500
police dog or horse.	501

(B) No person shall recklessly do any of the following:

502

(1) Taunt, torment, or strike a police dog or horse;

503

(2) Throw an object or substance at a police dog or horse;

504

(3) Interfere with or obstruct a police dog or horse, or	505
interfere with or obstruct a law enforcement officer who is being	506
assisted by a police dog or horse, in a manner that does any of	507
the following:	508

(a) Inhibits or restricts the law enforcement officer's	509
control of the police dog or horse;	510

(b) Deprives the law enforcement officer of control of the	511
police dog or horse;	512

(c) Releases the police dog or horse from its area of	513
control;	514

(d) Enters the area of control of the police dog or horse	515
without the consent of the law enforcement officer, including	516
placing food or any other object or substance into that area;	517

(e) Inhibits or restricts the ability of the police dog or	518
horse to assist a law enforcement officer.	519

(4) Engage in any conduct that is likely to cause serious	520
physical injury or death to a police dog or horse;	521

(5) If the person is the owner, keeper, or harborer of a dog,	522
fail to reasonably restrain the dog from taunting, tormenting,	523
chasing, approaching in a menacing fashion or apparent attitude of	524
attack, or attempting to bite or otherwise endanger a police dog	525
or horse that at the time of the conduct is assisting a law	526
enforcement officer in the performance of the officer's duties or	527
that the person knows is a police dog or horse.	528

(C) No person shall knowingly cause, or attempt to cause,	529
physical harm to a handicapped assistanceservice dog in either of	530
the following circumstances:	531

(1) The handicapped assistanceservice dog is assisting or	532
serving a blind, deaf, or mobility impaired person or person with	533
a seizure disorder at the time the physical harm is caused or	534
attempted.	535

(2) The handicapped assistanceservice dog is not assisting	536
or serving a blind, deaf, or mobility impaired person or person	537
with a seizure disorder at the time the physical harm is caused or	538
attempted, but the offender has actual knowledge that the dog is a	539
handicapped assistanceservice dog.	540

(D) No person shall recklessly do any of the following:

541

(1) Taunt, torment, or strike a service dog;

542

(2) Throw an object or substance at a service dog;

543

(3) Interfere with or obstruct a service dog, or interfere	544
with or obstruct a blind, deaf, or mobility impaired person or	545
person with a seizure disorder who is being assisted or served by	546
a service dog, in a manner that does any of the following:	547

(a) Inhibits or restricts the assisted or served person's	548
control of the service dog;	549

(b) Deprives the assisted or served person of control of the	550
service dog;	551

(c) Releases the service dog from its area of control;

552

(d) Enters the area of control of the service dog without the	553
consent of the assisted or served person, including placing food	554
or any other object or substance into that area;	555

(e) Inhibits or restricts the ability of the service dog to	556
assist the assisted or served person.	557

(4) Engage in any conduct that is likely to cause serious	558
physical injury or death to a service dog;	559

(5) If the person is the owner, keeper, or harborer of a dog,	560
fail to reasonably restrain the dog from taunting, tormenting,	561
chasing, approaching in a menacing fashion or apparent attitude of	562
attack, or attempting to bite or otherwise endanger a service dog	563
that at the time of the conduct is assisting or serving a blind,	564
deaf, or mobility impaired person or person with a seizure	565
disorder or that the person knows is a service dog.	566

(E)(1) Whoever violates division (A) of this section is	567
guilty of assaulting a police dog or horse. Except as otherwise	568
provided in this division, assaulting a police dog or horse is a	569
misdemeanor of the second degree. If the violation results in the	570
death of the police dog or horse, assaulting a police dog or horse	571
is a felony of the fourththird degree. If the violation results	572
in serious physical harm to the police dog or horse other than its	573
death, assaulting a police dog or horse is a felony of the fifth	574
fourth degree. If the violation results in physical harm to the	575
police dog or horse other than death or serious physical harm,	576
assaulting a police dog or horse is a misdemeanor of the first	577
degree.	578

(2) Whoever violates division (B) of this section is guilty	579
of harassing a police dog or horse. Except as otherwise provided	580
in this division, harassing a police dog or horse is a misdemeanor	581
of the second degree. If the violation results in the death of the	582
police dog or horse, harassing a police dog or horse is a felony	583
of the fourththird degree. If the violation results in serious	584
physical harm to the police dog or horse but does not result in	585
its death, harassing a police dog or horse is a felony of the	586
fifthfourth degree. If the violation results in physical harm to	587
the police dog or horse but does not result in its death or in	588
serious physical harm to it, harassing a police dog or horse is a	589
misdemeanor of the first degree.	590

(3) Whoever violates division (B) of this section is	591
responsible for the payment of all of the following:	592

(a) Any veterinary bills or bills for medication incurred by	593
the police department as a result of the violation;	594

(b) Any damaged equipment that result from the violation;

595

(c) The cost of replacing the police dog or horse and of any	596
further training of a new police dog or horse by a law enforcement	597
officer that is required because of the death of or serious	598
physical harm to the police dog or horse that is the subject of	599
the violation.	600

(4) Whoever violates division (C) of this section is guilty	601
of assaulting a handicapped assistanceservice dog. Except as	602
otherwise provided in this division, assaulting a handicapped	603
assistanceservice dog is a misdemeanor of the second degree. If	604
the violation results in the death of the service dog, assaulting	605
a handicapped assistanceservice dog is a felony of the fourth	606
third degree. If the violation results in serious physical harm to	607
the service dog other than its death, assaulting a handicapped	608
assistanceservice dog is a felony of the fifthfourth degree. If	609
the violation results in physical harm to the service dog other	610
than death or serious physical harm, assaulting a handicapped	611
assistanceservice dog is a misdemeanor of the first degree.	612

(4) Whoever violates division (D) of this section is guilty	613
of harassing a service dog. Except as otherwise provided in this	614
division, harassing a service dog is a misdemeanor of the second	615
degree. If the violation results in the death of the service dog,	616
harassing a service dog is a felony of the third degree. If the	617
violation results in serious physical harm to the service dog but	618
does not result in its death, harassing a service dog is a felony	619
of the fourth degree. If the violation results in physical harm to	620
the service dog but does not result in its death or in serious	621
physical harm to it, harassing a service dog is a misdemeanor of	622
the first degree.	623

(5) In addition to any other sanction or penalty imposed for	624
the offense under this section, Chapter 2929., or any other	625
provision of the Revised Code, whoever violates division (A), (B),	626
(C), or (D) of this section is responsible for the payment of all	627
of the following:	628

(a) Any veterinary bill or bill for medication incurred as a	629
result of the violation by the police department regarding a	630
violation of division (A) or (B) of this section or by the blind,	631
deaf, or mobility impaired person or person with a seizure	632
disorder assisted or served by the service dog regarding a	633
violation of division (C) or (D) of this section;	634

(b) The cost of any damaged equipment that results from the	635
violation;	636

(c) If the violation did not result in the death of the	637
police dog or horse or the service dog that was the subject of the	638
violation and if, as a result of that dog or horse being the	639
subject of the violation, the dog or horse needs further training	640
or retraining to be able to continue in the capacity of a police	641
dog or horse or a service dog, the cost of any further training or	642
retraining of that dog or horse by a law enforcement officer or by	643
the blind, deaf, or mobility impaired person or person with a	644
seizure disorder assisted or served by the service dog;	645

(d) If the violation resulted in the death of the police dog	646
or horse or the service dog that was the subject of the violation	647
or resulted in serious physical harm to that dog or horse to the	648
extent that the dog or horse needs to be replaced on either a	649
temporary or a permanent basis, the cost of replacing that dog or	650
horse and of any further training of a new police dog or horse or	651
a new service dog by a law enforcement officer or by the blind,	652
deaf, or mobility impaired person or person with a seizure	653
disorder assisted or served by the service dog, which replacement	654
or training is required because of the death of or the serious	655
physical harm to the dog or horse that was the subject of the	656
violation.	657

(E)(F) This section does not apply to a licensed veterinarian	658
whose conduct is in accordance with Chapter 4741. of the Revised	659
Code.	660

(F)(G) This section only applies to an offender who knows or	661
should know at the time of the violation that the police dog or	662
horse or service dog that is the subject of a violation under this	663
section is a police dog or horse or service dog.	664

(H) As used in this section:

665

(1) "Physical harm" means any injury, illness, or other	666
physiological impairment, regardless of its gravity or duration.	667

(2) "Police dog or horse" means a dog or horse that has been	668
trained, and may be used, to assist law enforcement officers in	669
the performance of their official duties.	670

(3) "Serious physical harm" means any of the following:

671

(a) Any physical harm that carries a substantial risk of	672
death;	673

(b) Any physical harm that causes permanent maiming or that	674
involves some temporary, substantial maiming;	675

(c) Any physical harm that causes acute pain of a duration	676
that results in substantial suffering.	677

(4) "Handicapped assistanceService dog" means a dog that	678
serves as a guide or leader for a blind person or, serves as a	679
listener for a deaf person or that, provides support or assistance	680
for a mobility impaired person, or serves as a seizure assistance,	681
seizure response, or seizure alert dog for a person with any	682
seizure disorder.	683

(5) "Blind" and "mobility impaired person" have the same	684
meanings as in section 955.011 of the Revised Code.	685

Sec. 4503.064.  As used in sections 4503.064 to 4503.069 of	686
the Revised Code:	687

(A) "Sixty-five years of age or older" means a person who	688
will be age sixty-five or older in the calendar year following the	689
year of application for reduction in the assessable value of the	690
person's manufactured or mobile home.	691

(B) "Total income" means the adjusted gross income of the	692
owner and the owner's spouse for the year preceding the year in	693
which application for a reduction in taxes is made, as determined	694
under the "Internal Revenue Code of 1986," 100 Stat. 2085, 26	695
U.S.C.A. 1, as amended, adjusted as follows:	696

(1) Subtract the amount of disability benefits included in	697
adjusted gross income but not to exceed five thousand two hundred	698
dollars;	699

(2) Add old age and survivors benefits received pursuant to	700
the "Social Security Act" that are not included in adjusted gross	701
income;	702

(3) Add retirement, pension, annuity, or other retirement	703
payments or benefits not included in adjusted gross income;	704

(4) Add tier I and II railroad retirement benefits received	705
pursuant to the "Railroad Retirement Act," 50 Stat. 307, 45 U.S.C.	706
228;	707

(5) Add interest on federal, state, and local government	708
obligations;	709

(6) For a person who received the homestead exemption for a	710
prior year on the basis of being permanently and totally disabled	711
and whose current application for the exemption is made on the	712
basis of age, subtract the following amount:	713

(a) If the person received disability benefits that were not	714
included in adjusted gross income in the year preceding the first	715
year in which the person applied for the exemption on the basis of	716
age, subtract an amount equal to the disability benefits the	717
person received in that preceding year, to the extent included in	718
total income in the current year and not subtracted under division	719
(B)(1) of this section in the current year;	720

(b) If the person received disability benefits that were	721
included in adjusted gross income in the year preceding the first	722
year in which the person applied for the exemption on the basis of	723
age, subtract an amount equal to the amount of disability benefits	724
that were subtracted pursuant to division (B)(1) of this section	725
in that preceding year, to the extent included in total income in	726
the current year and not subtracted under division (B)(1) of this	727
section in the current year.	728

Disability benefits that are paid by the department of	729
veterans affairs or a branch of the armed forces of the United	730
States on account of an injury or disability shall not be included	731
in total income.	732

(C) "Old age and survivors benefits received pursuant to the	733
'Social Security Act'" or "tier I railroad retirement benefits	734
received pursuant to the 'Railroad Retirement Act'" means:	735

(1) The old age benefits payable under the social security or	736
railroad retirement laws in effect on the last day of the calendar	737
year preceding the year in which the applicant's application for	738
reduction is first successfully made, or, if no such benefits are	739
payable that year, old age benefits payable the first succeeding	740
year in which old age benefits under the social security or	741
railroad retirement laws are payable, except in those cases where	742
a change in social security or railroad retirement benefits	743
results in a reduction in income.	744

(2) The lesser of:

745

(a) Survivors benefits payable under the social security or	746
railroad retirement laws in effect on the last day of the calendar	747
year preceding the year in which the applicant's application for	748
reduction is first successfully made, or, if no such benefits are	749
payable that year, survivors benefits payable the first succeeding	750
year in which survivors benefits are payable; or	751

(b) Old age benefits of the deceased spouse, as determined	752
under division (C)(1) of this section, upon which the surviving	753
spouse's survivors benefits are based under the social security or	754
railroad retirement laws, except in those cases where a change in	755
benefits would cause a reduction in income.	756

Survivors benefits are those described in division (C)(2)(b)	757
of this section only if the deceased spouse received old age	758
benefits in the year in which the deceased died. If the deceased	759
spouse did not receive old age benefits in the year in which the	760
deceased died, then survivors benefits are those described in	761
division (C)(2)(a) of this section.	762

(D) "Permanently and totally disabled" means a person who, on	763
the first day of January of the year of application, including	764
late application, for reduction in the assessable value of a	765
manufactured or mobile home, has some impairment in body or mind	766
that makes the person unfitunable to work at any substantially	767
remunerative employment which the person is reasonably able to	768
perform and which will, with reasonable probability, continue for	769
an indefinite period of at least twelve months without any present	770
indication of recovery therefrom or has been certified as	771
permanently and totally disabled by a state or federal agency	772
having the function of so classifying persons.	773

(E) "Homestead exemption" means the reduction in taxes	774
allowed under division (A) of section 323.152 of the Revised Code	775
for the year in which an application is filed under section	776
4503.066 of the Revised Code.	777

(F) "Manufactured home" has the meaning given in division	778
(C)(4) of section 3781.06 of the Revised Code, and includes a	779
structure consisting of two manufactured homes that were purchased	780
either together or separately and are combined to form a single	781
dwelling, but does not include a manufactured home that is taxed	782
as real property pursuant to division (B) of section 4503.06 of	783
the Revised Code.	784

(G) "Mobile home" has the meaning given in division (O) of	785
section 4501.01 of the Revised Code and includes a structure	786
consisting of two mobile homes that were purchased together or	787
separately and combined to form a single dwelling, but does not	788
include a mobile home that is taxed as real property pursuant to	789
division (B) of section 4503.06 of the Revised Code.	790

(H) "Late application" means an application filed with an	791
original application under division (A)(3) of section 4503.066 of	792
the Revised Code.	793

Sec. 5117.01.  As used in sections 5117.01 to 5117.12 of the	794
Revised Code:	795

(A) "Credit" means the credit on utility heating bills	796
granted under division (A) of section 5117.09 of the Revised Code.	797

(B) "Current monthly bill" means the amount charged for	798
energy consumed in the most recent monthly billing period and does	799
not include any past due balance.	800

(C) "Current total income" means the adjusted gross income of	801
the head of household and the person's spouse for the six-month	802
period beginning the first day of January and ending the thirtieth	803
day of June of the year in which an application is made, as	804
determined under the "Internal Revenue Code of 1954," 68A Stat. 3,	805
26 U.S.C. 1, as amended, adjusted as follows:	806

(1) Subtract the amount of disability benefits included in	807
adjusted gross income but not to exceed twenty-six hundred	808
dollars;	809

(2) Add old age and survivors benefits received pursuant to	810
the "Social Security Act" that are not included in federal	811
adjusted gross income;	812

(3) Add retirement, pension, annuity, or other retirement	813
payments or benefits not included in federal adjusted gross	814
income;	815

(4) Add payments received pursuant to the "Railroad	816
Retirement Act," 50 Stat. 307, 45 U.S.C. 228;	817

(5) Add interest on federal, state, and local government	818
obligations;	819

(6) For an applicant who received a credit or payment for the	820
preceding heating season on the basis of being permanently and	821
totally disabled and whose application renewal form for the	822
upcoming heating season is made on the basis of attaining	823
sixty-five years of age or older, subtract the following amount:	824

(a) If the applicant received disability benefits that were	825
not included in federal adjusted gross income in the year	826
preceding a year in which the applicant applies for the credit or	827
payment on the basis of attaining sixty-five years of age or	828
older, subtract an amount equal to the disability benefits the	829
applicant received in that preceding year, to the extent included	830
in current total income, as defined in this section, and not	831
subtracted under division (C)(1) of this section in the current	832
year;	833

(b) If the applicant received disability benefits that were	834
included in federal adjusted gross income in the year preceding a	835
year in which the applicant applies for the credit or payment on	836
the basis of attaining sixty-five years of age or older, subtract	837
an amount equal to the amount of disability benefits that were	838
subtracted pursuant to division (C)(1) of this section in that	839
preceding year, to the extent included in current total income, as	840
defined in this section, and not subtracted under division (C)(1)	841
of this section in the current year.	842

Disability benefits paid by the department of veterans'	843
affairs or a branch of the armed forces of the United States on	844
account of an injury or disability are not included in current	845
total income.	846

(D) "Energy company" means every retail propane dealer that	847
distributes propane by pipeline, and every electric light, rural	848
electric, gas, or natural gas company.	849

(E) "Energy dealer" means every retail dealer of fuel oil,	850
propane, coal, wood, and kerosene.	851

(F) "Head of household" means a person who occupies a	852
household as the person's homestead and who is financially	853
responsible for its other occupants, if any, or the spouse of such	854
a person if both occupy the same household. No person is a head of	855
household if the person occupies a household for the taxable year	856
prior to the year in which an application is filed and was claimed	857
as a dependent on the federal income tax return of another	858
occupant of the same household and was not the taxpayer's spouse	859
or if the person could have been claimed if such a return had been	860
filed for such year and was not the other occupant's spouse.	861

(G) "Household" means any dwelling unit, including a unit in	862
a multiple unit dwelling, a manufactured home, or a mobile home,	863
to which utility heating services or energy commodities are	864
provided.	865

(H) "Payment" means the one hundred twenty-five-dollar	866
payment provided under division (A) of section 5117.10 of the	867
Revised Code.	868

(I) "Permanently and totally disabled" refers to a person who	869
has, on the first day of July of the year an application is made,	870
some impairment in body or mind that makes the person unfitunable	871
to work at any substantially remunerative employment that the	872
person would otherwise be reasonably able to perform and that	873
will, with reasonable probability, continue for an indefinite	874
period of at least twelve months without any present indication of	875
recovery therefrom, or who has been certified as permanently and	876
totally disabled by a state or federal agency having the function	877
of so classifying persons.	878

(J) "Sixty-five years of age or older" refers to a person who	879
has attained age sixty-four prior to the first day of January of	880
the year an application is made.	881

(K) "Total income" means the adjusted gross income of the	882
head of household and the person's spouse for the year preceding	883
the year in which an application is made, as determined under the	884
"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as	885
amended, adjusted as follows:	886

(1) Subtract the amount of disability benefits included in	887
adjusted gross income but not to exceed fifty-two hundred dollars;	888

(2) Add old age and survivors benefits received pursuant to	889
the "Social Security Act" that are not included in federal	890
adjusted gross income;	891

(3) Add retirement, pension, annuity, or other retirement	892
payments or benefits not included in federal adjusted gross	893
income;	894

(4) Add payments received pursuant to the "Railroad	895
Retirement Act," 50 Stat. 307, 45 U.S.C. 228;	896

(5) Add interest on federal, state, and local government	897
obligations;	898

(6) For an applicant who received a credit or payment for the	899
preceding heating season on the basis of being permanently and	900
totally disabled and whose application renewal form for the	901
upcoming heating season is made on the basis of attaining	902
sixty-five years of age or older, subtract the following amount:	903

(a) If the applicant received disability benefits that were	904
not included in federal adjusted gross income in the year	905
preceding a year in which the applicant applies for the credit or	906
payment on the basis of attaining sixty-five years of age or	907
older, subtract an amount equal to the disability benefits the	908
applicant received in that preceding year, to the extent included	909
in total income, as defined in this section, and not subtracted	910
under division (K)(1) of this section in the current year;	911

(b) If the applicant received disability benefits that were	912
included in federal adjusted gross income in the year preceding a	913
year in which the applicant applies for the credit or payment on	914
the basis of attaining sixty-five years of age or older, subtract	915
an amount equal to the amount of disability benefits that were	916
subtracted pursuant to division (K)(1) of this section in that	917
preceding year, to the extent included in total income, as defined	918
in this section, and not subtracted under division (K)(1) of this	919
section in the current year.	920

Disability benefits paid by the department of veterans'	921
affairs or a branch of the armed forces of the United States on	922
account of an injury or disability shall not be included in total	923
income.	924

(L) "Purchased power costs" means charges for the costs of	925
power purchased by an electric light company under Chapters 4905.	926
and 4909. of the Revised Code and includes charges resulting from	927
the exchange of electric power.	928

Section 2. That existing sections 323.151, 955.011, 2913.01,	929
2913.02, 2921.321, 4503.064, and 5117.01 of the Revised Code are	930
hereby repealed.	931

Section 3.  Section 2913.02 of the Revised Code is presented	932
in this act as a composite of the section as amended by Am. Sub.	933
H.B. 7, Am. Sub. H.B. 12, and Sub. H.B. 179, all of the 125th	934
General Assembly. The General Assembly, applying the principle	935
stated in division (B) of section 1.52 of the Revised Code that	936
amendments are to be harmonized if reasonably capable of	937
simultaneous operation, finds that the composite is the resulting	938
version of the section in effect prior to the effective date of	939
the section as presented in this act.	940