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H. B. No. 369As IntroducedAs Introduced
125th General Assembly | Regular Session | 2003-2004 |
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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
A BILL
To amend sections 323.151, 955.011, 2913.01, 2913.02, 2921.321, 4503.064, and 5117.01 of the Revised Code to expand the offense of "harassing a police dog or horse"; to rename "handicapped assistance dogs" as "service dogs"; to enact the offense of "harassing a service dog"; to require an offender who commits any of the assault or harassment offenses related to police dogs or horses or service dogs to pay resulting veterinary, replacement, and training costs; to make theft of a police dog or horse or a service dog a third degree felony; to include seizure assistance, response, and alert dogs as "service dogs" for the assault, harassment, and theft offenses related to service dogs; to exempt seizure assistance, seizure response, or seizure alert dogs from the fee for registration and provide that the registration is permanent; and to replace the phrase "unfit to work" with "unable to work" in various definitions related to persons with a disability.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 323.151, 955.011, 2913.01, 2913.02, 2921.321, 4503.064, and 5117.01 of the Revised Code be amended to read as follows:
Sec. 323.151. As used in sections 323.151 to 323.159
of
the
Revised Code: (A) "Homestead" means either of the following: (1) A dwelling, including a unit in
a multiple-unit dwelling
and a manufactured home or
mobile home taxed as real property
pursuant to division (B) of
section 4503.06 of the Revised Code,
owned and
occupied as a
home by an individual whose domicile is in
this state and who has
not acquired ownership from a person, other
than the
individual's spouse,
related by consanguinity or affinity
for the purpose of
qualifying for the real property tax reduction
provided in
section 323.152 of the Revised Code.
(2) A unit in a housing cooperative that is occupied as a
home,
but not owned, by an individual whose domicile is in this
state. The homestead shall include
so much of the land surrounding
it, not exceeding one acre, as is
reasonably necessary for the use
of the dwelling or unit as a
home. An owner includes a holder of
one of the several
estates in fee, a vendee in possession under a
purchase
agreement or a land contract, a mortgagor, a life tenant,
one or more tenants
with a right of survivorship, tenants in
common, and a settlor of
a revocable inter vivos trust holding the
title to a homestead
occupied by the settlor as of right under the
trust. The tax
commissioner shall adopt rules for the uniform
classification and
valuation of real property or portions of real
property as
homesteads. (B) "Sixty-five years of age or older" means a person who
has attained age sixty-four prior to the first day of January of
the year of application for reduction in real estate taxes. (C) "Total income" means the adjusted gross income of the
owner and the owner's spouse for the year preceding the year
in
which
application for a reduction in taxes is made, as determined
under
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26
U.S.C.A.
1, as amended, adjusted as follows: (1) Subtract the amount of disability benefits included in
adjusted gross income, but not to exceed fifty-two hundred
dollars; (2) Add old age and survivors benefits received pursuant
to
the "Social Security Act" that are not included in adjusted
gross
income; (3) Add retirement, pension, annuity, or other retirement
payments or benefits not included in adjusted gross income; (4) Add tier I and tier II railroad retirement benefits
received pursuant to the "Railroad Retirement Act," 50 Stat. 307,
45 U.S.C.A. 228; (5) Add interest on federal, state, and local government
obligations; (6) For a person who received the homestead exemption for a
prior year on
the basis of being permanently and totally disabled
and whose current
application for the exemption is made on the
basis of age, subtract the
following amount: (a) If the person received disability benefits that were not
included in adjusted gross income in the year preceding the first
year in
which the person applied for the exemption on the basis of
age, subtract an
amount equal to the disability benefits the
person received in that preceding
year, to the extent included in
total income in the current year and not
subtracted under division
(C)(1) of this section in the current year; (b) If the person received disability benefits that were
included
in adjusted gross income in the year preceding the first
year in which the
person applied for the exemption on the basis of
age, subtract an amount equal
to the amount of disability benefits
that were subtracted pursuant to division
(C)(1) of this section
in that preceding year, to the extent included
in total income in
the current year and not subtracted under division
(C)(1) of this
section in the current year. Disability benefits that are paid by the department of
veterans affairs or
a
branch of the armed forces of the United
States on account
of an injury or disability shall not be included
in total income. (D) "Old age and survivors benefits received pursuant to
the
'Social Security Act'" or "tier I railroad retirement
benefits
received pursuant to the 'Railroad Retirement Act'"
means: (1) For those persons receiving the homestead exemption
for
the first time for tax years 1976 and earlier, old age
benefits
payable under the social security or railroad retirement
laws in
effect on December 31, 1975, except in those cases where
a change
in social security or railroad retirement benefits would
result in
a reduction in income. (2) For those persons receiving the homestead exemption
for
the first time for tax years 1977 and thereafter, old age
benefits
payable under the social security or railroad retirement
laws in
effect on the last day of the calendar year prior to the
year for
which the homestead exemption is first received, or, if
no such
benefits are payable that year, old age benefits payable
the first
succeeding year in which old age benefits under the
social
security or railroad retirement laws are payable, except
in those
cases where a change in social security or railroad
retirement
benefits results in a reduction in income. (a) Survivors benefits payable under the social security
or
railroad retirement laws in effect on the last day of the
calendar
year prior to the year for which the homestead exemption
is first
received, or, if no such benefits are payable that year,
survivors
benefits payable the first succeeding year in which
survivors
benefits are payable; or (b) Old age benefits of the deceased spouse, as determined
under division (D)(1) or (2) of this section, upon which the
surviving spouse's survivors benefits are based under the social
security or railroad retirement laws, except in those cases where
a change in benefits would cause a reduction in income. Survivors benefits are those described in division
(D)(3)(b)
of this section only if the deceased spouse received
old age
benefits in the year in which the deceased spouse died. If the
deceased spouse did not receive old age benefits in the year in
which the deceased spouse died, then survivors benefits are those
described in division (D)(3)(a) of this section. (E) "Permanently and totally disabled" means a person who
has, on the first day of January of the year of application for
reduction in real estate taxes, some impairment in body or mind
that makes the person unfit unable to work at any substantially
remunerative
employment that the person is reasonably able to
perform
and
that will,
with reasonable probability, continue for
an indefinite period of
at least twelve months without any present
indication of recovery
therefrom or has been certified as
permanently and totally
disabled by a state or federal agency
having the function of so
classifying persons. (F) "Housing cooperative" means a housing complex of at
least two
hundred fifty units that is owned and operated by a
nonprofit
corporation that issues a share of the corporation's
stock to an
individual, entitling the individual to live in a unit
of the complex, and
collects a monthly maintenance fee from the
individual to
maintain, operate, and pay the taxes of the complex.
Sec. 955.011. (A) When an application is made for
registration of a dog that is in training to become or serves as
a guide or leader for a blind person or as a listener for a deaf
person or, that is in training to provide or provides support or assistance for a mobility
impaired person, or that is in training to become or serves as a seizure assistance, seizure response, or seizure alert dog for a person with a seizure disorder, and the owner can show proof by certificate or
other means that the dog is in training or has been trained for
that purpose by a nonprofit special agency engaged in such work,
the owner of such a guide, leader, hearing, or support, seizure assistance, seizure response, or seizure alert dog shall
be exempt from any fee for such registration. Registration for
such a dog in training or serving as a guide or leader for a
blind person, as a listener for a deaf person, or as a support
dog for a mobility impaired person, or as a seizure assistance, seizure response, or seizure alert dog for a person with a seizure disorder shall be permanent and not
subject to annual renewal so long as the dog is in training or so
serves. Certificates and tags stamped "Ohio Handicapped
Assistance Service Dog-Permanent Registration," with registration number,
shall be issued upon registration of such a dog. Any certificate
and tag stamped "Ohio Guide Dog-Permanent Registration" or "Ohio
Hearing Dog-Permanent Registration," with registration number,
that was issued for a dog in accordance with this section as it
existed prior to July 4, 1984, and any certificate and tag stamped "Ohio Handicapped Assistance Dog-Permanent Registration," with registration number, that was issued for a dog in accordance with this section as it existed on and after July 5, 1984, and prior to the effective date of this amendment, shall remain in effect as valid
proof of the registration of the dog on and after that the effective date of this amendment.
Duplicate certificates and tags for a dog registered in
accordance with this section, upon proper proof of loss, shall be
issued and no fee required. Each duplicate certificate and tag
that is issued shall be stamped "Ohio Handicapped Assistance Service
Dog-Permanent Registration." (B) As used in this section and in sections 955.16 and
955.43 of the Revised Code: (1) "Mobility impaired person" means any person,
regardless of age, who is subject to a physiological defect or
deficiency regardless of its cause, nature, or extent that
renders the person unable to move about without the aid of
crutches, a wheelchair, or any other form of support, or that
limits the person's functional ability to ambulate, climb,
descend, sit, rise, or to perform any related function. (2) "Blind" means either of the following: (a) Vision twenty/two hundred or less in the better eye
with proper correction. (b) Field defect in the better eye with proper correction
which contracts the peripheral field so that the diameter of the
visual field subtends an angle no greater than twenty degrees.
Sec. 2913.01. As used in this chapter, unless the context
requires
that a term be given a different meaning: (A) "Deception" means knowingly deceiving another or
causing
another to be deceived by any false or misleading
representation,
by withholding information, by preventing another
from acquiring
information, or by any other conduct, act, or
omission that
creates, confirms, or perpetuates a false
impression in another,
including a false impression as to law,
value, state of mind, or
other objective or subjective fact. (B) "Defraud" means to knowingly obtain, by deception,
some
benefit for oneself or another, or to knowingly cause, by
deception, some detriment to another. (C) "Deprive" means to do any of the following: (1) Withhold property of another permanently, or for a
period that appropriates a substantial portion of its value or
use, or with purpose to restore it only upon payment of a reward
or other consideration; (2) Dispose of property so as to make it unlikely that the
owner will recover it; (3) Accept, use, or appropriate money, property, or
services, with purpose not to give proper consideration in return
for the money, property, or services, and without reasonable
justification or excuse for not giving proper consideration. (D) "Owner" means, unless the context requires a different
meaning, any person, other than the actor, who is
the owner of,
who has possession or control of, or who has
any license
or
interest in property or services, even though the ownership,
possession, control, license, or interest is unlawful. (E) "Services" include labor, personal services,
professional services, public utility services, common carrier
services, and food, drink, transportation, entertainment, and
cable television services
and, for purposes of section 2913.04 of
the Revised Code, include cable services as defined in that
section. (F) "Writing" means any computer software, document,
letter,
memorandum, note, paper, plate, data, film, or other
thing having
in or upon it any written, typewritten, or printed
matter, and any
token, stamp, seal, credit card,
badge, trademark, label, or other
symbol of value, right,
privilege, license, or identification. (G) "Forge" means to fabricate or create, in whole or in
part and by any means, any spurious writing, or to make, execute,
alter, complete, reproduce, or otherwise purport to authenticate
any writing, when the writing in fact is not authenticated by
that
conduct. (H) "Utter" means to issue, publish, transfer, use, put or
send into circulation, deliver, or display. (I) "Coin machine" means any mechanical or electronic
device
designed to do both of the following: (1) Receive a coin, bill, or token made for that purpose; (2) In return for the insertion or deposit of a coin,
bill,
or token, automatically dispense property, provide a
service, or
grant a license. (J) "Slug" means an object that, by virtue of its size,
shape, composition, or other quality, is capable of being
inserted
or deposited in a coin machine as an improper substitute
for a
genuine coin, bill, or token made for that purpose. (K) "Theft offense" means any of the following: (1) A violation of section 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31,
2913.32,
2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44, 2913.45,
2913.47, former section
2913.47 or 2913.48, or section 2913.51,
2915.05,
or 2921.41 of the Revised Code; (2) A violation of an existing or former municipal
ordinance
or law of this or any other state, or of the United
States,
substantially equivalent to any section listed in
division (K)(1)
of this section or a violation of section 2913.41, 2913.81,
or
2915.06 of the Revised Code as it existed prior to July 1, 1996; (3) An offense under an existing or former municipal
ordinance or law of this or any other state, or of the United
States, involving robbery, burglary, breaking and entering,
theft,
embezzlement, wrongful conversion, forgery,
counterfeiting,
deceit, or fraud; (4) A conspiracy or attempt to commit, or complicity in
committing, any offense under division (K)(1), (2), or (3) of this
section. (L) "Computer services" includes, but is not limited to,
the
use of a computer system, computer network, computer program,
data
that is prepared for computer use, or data that is contained
within a computer system or computer network. (M) "Computer" means an electronic device that performs
logical, arithmetic, and memory functions by the manipulation of
electronic or magnetic impulses. "Computer" includes, but is not
limited to, all input, output, processing, storage, computer
program, or communication facilities that are connected, or
related, in a computer system or network to an electronic
device
of that nature. (N) "Computer system" means a computer and related
devices,
whether connected or unconnected, including, but not
limited to,
data input, output, and storage devices, data
communications
links, and computer programs and data that make
the system capable
of performing specified special purpose data
processing tasks. (O) "Computer network" means a set of related and remotely
connected computers and communication facilities that includes
more than one computer system that has the capability to transmit
among the connected computers and communication facilities
through
the use of computer facilities. (P) "Computer program" means an ordered set of data
representing coded instructions or statements that, when executed
by a computer, cause the computer to process data. (Q) "Computer software" means computer programs,
procedures,
and other documentation associated with the operation
of a
computer system. (R) "Data" means a representation of information,
knowledge,
facts, concepts, or instructions that are being or
have been
prepared in a formalized manner and that are intended
for use in a
computer, computer system, or computer
network. For
purposes
of
section 2913.47 of the Revised Code, "data" has the additional
meaning set forth in division (A) of that section. (S) "Cable television service" means any services provided
by or through the facilities of any cable television system or
other similar closed circuit coaxial cable communications system,
or any microwave or similar transmission service used in
connection with any cable television system or other similar
closed circuit coaxial cable communications system. (T) "Gain access" means to approach, instruct, communicate
with, store data in, retrieve data from, or otherwise make use of
any resources of a computer, computer system, or computer
network,
or any cable service or cable system both as defined in section
2913.04 of the Revised Code. (U) "Credit card" includes, but is not limited to, a card,
code, device, or other means of access to a customer's account
for
the purpose of obtaining money, property, labor, or services
on
credit, or for initiating an electronic fund transfer at a
point-of-sale terminal, an automated teller machine, or a cash
dispensing machine. It also includes a county procurement card issued under section 301.29 of the Revised Code. (V) "Electronic fund transfer" has the same meaning as in
92
Stat. 3728, 15 U.S.C.A. 1693a, as amended. (W) "Rented property" means personal property in which the
right
of possession and use of the property is for a short and
possibly
indeterminate term in return for consideration; the
rentee generally controls
the duration of possession of the
property, within any applicable minimum or
maximum term; and the
amount of consideration generally is determined by the
duration of
possession of the property. (X) "Telecommunication" means the origination,
emission,
dissemination, transmission, or reception of data, images,
signals,
sounds, or other intelligence or equivalence of
intelligence of
any nature over any communications system by any
method,
including, but not limited to, a fiber optic, electronic,
magnetic, optical, digital, or analog method.
(Y) "Telecommunications
device" means any instrument,
equipment, machine, or other
device that facilitates
telecommunication, including, but not
limited to, a computer,
computer network, computer chip, computer
circuit, scanner,
telephone, cellular telephone, pager, personal
communications
device, transponder, receiver, radio, modem, or
device that
enables the use of a modem. (Z) "Telecommunications
service" means the providing,
allowing, facilitating, or
generating of any form of
telecommunication through the use of a
telecommunications device
over a telecommunications system. (AA) "Counterfeit
telecommunications device" means a
telecommunications device that,
alone or with another
telecommunications device, has been altered,
constructed,
manufactured, or programmed to acquire, intercept, receive, or
otherwise facilitate the use of a telecommunications service or
information
service without the
authority or consent of the
provider of the telecommunications
service or information service.
"Counterfeit telecommunications device"
includes, but
is not
limited to, a clone telephone, clone microchip, tumbler
telephone,
or tumbler microchip; a wireless scanning device
capable of
acquiring, intercepting, receiving, or otherwise
facilitating the
use of telecommunications service or information service
without
immediate detection; or a device, equipment, hardware, or software
designed for, or capable of, altering or changing the electronic
serial number
in a wireless telephone. (BB)(1) "Information
service" means, subject to division
(BB)(2) of this section, the
offering of a capability for
generating, acquiring, storing,
transforming, processing,
retrieving, utilizing, or making
available information via
telecommunications, including, but not
limited to, electronic
publishing. (2) "Information service" does not include any use of a
capability of a type described in division
(BB)(1) of this section
for the
management, control, or operation of a telecommunications
system
or the management of a telecommunications service. (CC) "Elderly person" means a person who is sixty-five
years
of age or older. (DD) "Disabled adult" means a person who is eighteen years
of age
or older
and has some impairment of body or mind that makes
the person unfit unable to work
at any substantially remunerative
employment that the person
otherwise would be able to perform and
that will, with reasonable
probability, continue for a period of
at least twelve months
without any present indication of recovery
from the impairment, or who is
eighteen years of age or older and
has been certified as permanently and
totally disabled by an
agency
of this state or the United States that has the function of
so classifying persons. (EE) "Firearm" and "dangerous ordnance" have the same
meanings as
in section 2923.11 of the Revised Code. (FF) "Motor vehicle" has the same meaning as in section
4501.01
of the Revised Code. (GG) "Dangerous drug" has the same meaning as in section
4729.01
of the Revised Code. (HH) "Drug abuse offense" has the same meaning as in section
2925.01 of the Revised Code. (II) "Police dog or horse" and "service dog" have the same meanings as in section 2921.321 of the Revised Code.
Sec. 2913.02. (A) No person, with purpose to deprive the
owner of property or services, shall knowingly obtain or exert
control over either the property or services in any of the
following ways: (1) Without the consent of the owner or person authorized
to
give consent; (2) Beyond the scope of the express or implied consent of
the owner or person authorized to give consent; (B)(1) Whoever violates this section is guilty of theft. (2) Except as otherwise
provided in this division or
division (B)(3), (4), (5), or (6), or (7) of
this section, a violation of
this section is petty theft, a
misdemeanor of the first degree.
If the value of the property or
services stolen is five hundred
dollars or more and is less than
five thousand dollars or if the
property stolen is any of the
property listed in section 2913.71
of the Revised Code, a
violation of this section is theft, a
felony of the fifth
degree. If the value of the property or
services stolen is five
thousand dollars or more and is less than
one hundred thousand
dollars, a violation of this
section is grand
theft, a felony of the fourth degree. If the value of the
property or
services stolen is one hundred thousand dollars or
more and is less than five hundred thousand dollars, a
violation of this section is aggravated theft, a felony of
the
third degree.
If the value of the property or services is five hundred thousand dollars or more and is less than one million dollars, a violation of this section is aggravated theft, a felony of the second degree. If the value of the property or services
stolen is one million dollars or more, a violation of this section
is aggravated theft of one million dollars or more, a felony of
the first degree. (3) Except as otherwise provided in division (B)(4),
(5), or
(6), or (7)
of this section, if the victim of the offense is an elderly
person or
disabled adult, a violation
of this section is theft
from an elderly person or disabled adult, and
division (B)(3) of
this section applies. Except as
otherwise provided in this
division, theft from an elderly person or disabled
adult is a
felony of the fifth degree. If the value of the property or
services stolen is five hundred dollars or more and is less than
five thousand dollars, theft from an elderly person or disabled
adult is a felony of the fourth degree. If the value of the
property or services stolen is five thousand dollars or more and
is less than twenty-five thousand dollars, theft from an elderly
person or disabled adult is a felony of the third degree. If the
value of the property or services stolen is twenty-five thousand
dollars or more and is less than one hundred thousand dollars,
theft from an elderly person or disabled adult is
a felony of the
second degree. If the value of the property or services stolen is one hundred thousand dollars or more, theft from an elderly person or disabled adult is a felony of the first degree. (4) If the property stolen is a firearm or dangerous
ordnance,
a violation of
this section is grand theft, a felony of
the fourth degree. (5) If the property stolen is a motor vehicle,
a violation
of this section
is grand theft of a motor vehicle, a felony of the
fourth degree. (6) If the property stolen is any dangerous drug, a
violation of
this section is theft of drugs, a felony of the
fourth degree,
or, if the offender previously has been convicted
of a felony
drug abuse offense, a felony of the third degree.
(7) If the property stolen is a police dog or horse or a service dog, a violation of this section is theft of a police dog or horse or service dog, a felony of the third degree.
Sec. 2921.321. (A) No person shall knowingly cause, or
attempt to cause, physical harm to a police dog or horse in
either
of the following circumstances: (1) The police dog or horse is assisting a law enforcement
officer in the performance of the officer's official duties
at the
time the
physical harm is caused or attempted. (2) The police dog or horse is not assisting a law
enforcement officer in the performance of the officer's
official
duties at
the time the physical harm is caused or attempted, but
the
offender has actual knowledge that the dog or horse is a
police
dog or horse. (B) No person shall recklessly do any of the following: (1) Taunt, torment, or strike a police dog or horse; (2) Throw an object or substance at a police dog or horse; (3) Interfere with or obstruct a police dog or horse, or
interfere
with or obstruct a law enforcement officer who is being assisted by a
police dog
or horse, in a manner that does any of the following: (a) Inhibits or restricts the law enforcement officer's
control of
the police dog or horse; (b) Deprives the law enforcement officer of control of the
police
dog or horse; (c) Releases the police dog or horse from its area of
control; (d) Enters the area of control of the police dog or horse
without
the consent of the law enforcement officer, including
placing food or any
other object or substance into that area;. (4) Engage in any conduct that is likely to cause serious
physical injury or death to a police dog or horse; (5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog or horse that at the time of the conduct is assisting a law enforcement officer in the performance of the officer's duties or that the person knows is a police dog or horse; (6) After being warned verbally or in any other manner by a law enforcement officer who is being assisted by a police dog or horse that conduct in which the person is engaging is interfering with or obstructing the police dog or horse or is interfering with or obstructing a law enforcement officer who is being assisted by the police dog or horse, persisting in or continuing the conduct to which the warning pertained. (C) No person shall knowingly cause, or attempt to cause,
physical harm to a handicapped assistance service dog in either of the
following circumstances: (1) The handicapped assistance service dog is assisting or serving a blind,
deaf, or mobility impaired person or person with a seizure disorder at the time the physical harm
is
caused or attempted. (2) The handicapped assistance service dog is not assisting or serving a
blind,
deaf, or mobility impaired person or person with a seizure disorder at the time the physical
harm is
caused or attempted, but the offender has actual
knowledge that
the dog is a handicapped assistance service dog. (D) No person shall recklessly do any of the following: (1) Taunt, torment, or strike a service dog; (2) Throw an object or substance at a service dog; (3) Interfere with or obstruct a service dog, or interfere with or obstruct a blind, deaf, or mobility impaired person or person with a seizure disorder who is being assisted or served by a service dog, in a manner that does any of the following: (a) Inhibits or restricts the assisted or served person's control of the service dog; (b) Deprives the assisted or served person of control of the service dog; (c) Releases the service dog from its area of control; (d) Enters the area of control of the service dog without the consent of the assisted or served person, including placing food or any other object or substance into that area. (4) Engage in any conduct that is likely to cause serious physical injury or death to a service dog; (5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a service dog that at the time of the conduct is assisting or serving a blind, deaf, or mobility impaired person or person with a seizure disorder or that the person knows is a service dog; (6) After being warned verbally or in any other manner by a blind, deaf, or mobility impaired person or person with a seizure disorder who is being assisted or served by a service dog that conduct in which the person is engaging is interfering with or obstructing the service dog or is interfering with or obstructing a blind, deaf, or mobility impaired person or person with a seizure disorder who is being assisted or served by the service dog, persisting in or continuing the conduct to which the warning pertained. (E)(1) Whoever violates division (A) of this section is
guilty of assaulting a police dog or horse. Except as otherwise
provided
in this division, assaulting a police dog or horse is a
misdemeanor of the
second degree. If the violation
results in the
death of the police dog or horse, assaulting a police dog
or horse is a
felony of the fourth degree. If the
violation results in serious
physical harm to the police dog or horse other
than its death,
assaulting a police dog or horse is a felony of
the fifth degree.
If the violation results in physical
harm to the police dog or
horse other than death or serious physical
harm, assaulting a
police dog or horse is a misdemeanor of the
first degree.
(2) Whoever violates division (B) of this section is guilty
of
harassing a police dog or horse. Except as otherwise provided
in this
division, harassing a police dog or horse is a
misdemeanor
of the second degree. If the violation results in the
death of
the police dog or horse, harassing a police dog or horse is a
felony of the fourth degree. If the violation results in serious
physical harm to the police dog or horse but does not result in
its death,
harassing a police dog or horse is a felony of the
fifth degree.
If the violation results in physical harm to the
police dog or
horse but does not result in its death or in serious
physical harm to it,
harassing a police dog or horse is a
misdemeanor of the first degree.
(3) Whoever violates division (B) of this section is
responsible
for the payment of all of the following: (a) Any veterinary bills or bills for medication incurred by
the
police department as a result of the violation;
(b) Any damaged equipment that result from the violation;
(c) The cost of replacing the police dog or horse and of any
further training of a new police dog or horse by a law enforcement
officer that is required because of the death of or serious
physical harm to
the police dog or horse that is the subject of
the violation.
(4) Whoever violates division (C) of this section
is guilty
of assaulting a handicapped assistance service dog. Except as otherwise
provided in this division, assaulting a handicapped assistance service dog
is a
misdemeanor of the second degree. If the
violation results
in the death of the service dog, assaulting a
handicapped assistance service dog
is a felony of the fourth
degree. If the violation results in
serious physical harm to the service dog other
than its death, assaulting
a handicapped assistance service dog is a
felony of the fifth degree. If
the violation results in
physical harm to the service dog other than death
or serious physical
harm, assaulting a handicapped assistance service dog
is a misdemeanor of
the first degree.
(4) Whoever violates division (D) of this section is guilty of harassing a service dog. Except as otherwise provided in this division, harassing a service dog is a misdemeanor of the second degree. If the violation results in the death of the service dog, harassing a service dog is a felony of the fourth degree. If the violation results in serious physical harm to the service dog but does not result in its death, harassing a service dog is a felony of the fifth degree. If the violation results in physical harm to the service dog but does not result in its death or in serious physical harm to it, harassing a service dog is a misdemeanor of the first degree. (5) In addition to any other sanction or penalty imposed for the offense under this section, Chapter 2929., or any other provision of the Revised Code, whoever violates division (A), (B), (C), or (D) of this section is responsible for the payment of all of the following: (a) Any veterinary bill or bill for medication incurred as a result of the violation by the police department regarding a violation of division (A) or (B) of this section or by the blind, deaf, or mobility impaired person or person with a seizure disorder assisted or served by the service dog regarding a violation of division (C) or (D) of this section; (b) The cost of any damaged equipment that results from the violation; (c) If the violation did not result in the death of the police dog or horse or the service dog that was the subject of the violation and if, as a result of that dog or horse being the subject of the violation, the dog or horse needs further training or retraining to be able to continue in the capacity of a police dog or horse or a service dog, the cost of any further training or retraining of that dog or horse by a law enforcement officer or by the blind, deaf, or mobility impaired person or person with a seizure disorder assisted or served by the service dog; (d) If the violation resulted in the death of the police dog or horse or the service dog that was the subject of the violation or resulted in serious physical harm to that dog or horse to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new service dog by a law enforcement officer or by the blind, deaf, or mobility impaired person or person with a seizure disorder assisted or served by the service dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation. (E)(F) This section does not apply to a licensed veterinarian
whose conduct is
in accordance with Chapter 4741. of the Revised
Code.
(F)(G) As used in this section:
(1)
"Physical harm" means any injury, illness, or other
physiological impairment, regardless of its gravity or duration. (2)
"Police dog or horse" means a dog or horse that has
been
trained, and may be used, to assist law enforcement officers
in
the performance of their official duties. (3)
"Serious physical harm" means any of the following: (a) Any physical harm that carries a substantial risk of
death; (b) Any physical harm that causes permanent maiming or that
involves some
temporary, substantial maiming; (c) Any physical harm that causes acute pain of a duration
that results in
substantial suffering. (4)
"Handicapped assistance Service dog" means a dog that serves as
a
guide or leader
for a blind person or, serves as a listener for a
deaf
person or that, provides support or assistance for a mobility
impaired person, or serves as a seizure assistance, seizure response, or seizure alert dog for a person with any seizure disorder. (5)
"Blind" and
"mobility impaired person" have the same
meanings as in section 955.011 of the Revised Code.
Sec. 4503.064. As used in sections 4503.064 to 4503.069 of
the Revised Code: (A) "Sixty-five years of age or older" means a person who
will be age sixty-five or older in the calendar year following
the year of application for reduction in the assessable value of
the person's manufactured or mobile home. (B) "Total income" means the adjusted gross income of the
owner and the owner's spouse for the year preceding the year
in which
application for a reduction in taxes is made, as determined under
the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C.A.
1, as amended, adjusted as follows: (1) Subtract the amount of disability benefits included in
adjusted gross income but not to exceed five thousand two hundred
dollars; (2) Add old age and survivors benefits received pursuant
to the "Social Security Act" that are not included in adjusted
gross income; (3) Add retirement, pension, annuity, or other retirement
payments or benefits not included in adjusted gross income; (4) Add tier I and II railroad retirement benefits
received pursuant to the "Railroad Retirement Act," 50 Stat. 307,
45 U.S.C. 228; (5) Add interest on federal, state, and local government
obligations; (6) For a person who received the homestead exemption for a prior year on
the basis of being permanently and totally disabled and whose current
application for the exemption is made on the basis of age, subtract the
following amount: (a) If the person received disability benefits that were not
included in adjusted gross income in the year preceding the first year in
which the person applied for the exemption on the basis of age, subtract an
amount equal to the disability benefits the person received in that preceding
year, to the extent included in total income in the current year and not
subtracted under division
(B)(1) of this section in the current year; (b) If the person received disability benefits that were included
in adjusted gross income in the year preceding the first year in which the
person applied for the exemption on the basis of age, subtract an amount equal
to the amount of disability benefits that were subtracted pursuant to division
(B)(1) of this section in that preceding year, to the extent included
in total income in the current year and not subtracted under division
(B)(1) of this
section in the current year. Disability benefits that are paid by the department of veterans affairs or
a
branch of the armed forces of the United States on account
of an injury or disability shall not be included in total income. (C) "Old age and survivors benefits received pursuant to
the 'Social Security Act'" or "tier I railroad retirement
benefits received pursuant to the 'Railroad Retirement Act'"
means: (1) The old age benefits payable under the social security
or railroad retirement laws in effect on the last day of the
calendar year preceding the year in which the applicant's
application for reduction is first successfully made, or, if no
such benefits are payable that year, old age benefits payable the
first succeeding year in which old age benefits under the social
security or railroad retirement laws are payable, except in those
cases where a change in social security or railroad retirement
benefits results in a reduction in income. (a) Survivors benefits payable under the social security
or railroad retirement laws in effect on the last day of the
calendar year preceding the year in which the applicant's
application for reduction is first successfully made, or, if no
such benefits are payable that year, survivors benefits payable
the first succeeding year in which survivors benefits are
payable; or (b) Old age benefits of the deceased spouse, as determined
under division (C)(1) of this section, upon which the surviving
spouse's survivors benefits are based under the social security
or railroad retirement laws, except in those cases where a change
in benefits would cause a reduction in income. Survivors benefits are those described in division
(C)(2)(b) of this section only if the deceased spouse received
old age benefits in the year in which the deceased died. If the
deceased spouse did not receive old age benefits in the year in
which the deceased died, then survivors benefits are those
described in division (C)(2)(a) of this section. (D) "Permanently and totally disabled" means a person who,
on the first day of January of the year of application, including
late application, for reduction in the assessable value of a
manufactured or mobile home, has some impairment in body or mind that makes
the person unfit unable to work at any substantially remunerative
employment
which the person is reasonably able to perform and which
will, with
reasonable probability, continue for an indefinite period of at
least twelve months without any present indication of recovery
therefrom or has been certified as permanently and totally
disabled by a state or federal agency having the function of so
classifying persons. (E) "Homestead exemption" means the reduction in taxes
allowed under division (A) of section 323.152 of the Revised Code
for the year in which an application is filed under section
4503.066 of the Revised Code. (F) "Manufactured home" has the meaning given in division
(C)(4) of section 3781.06 of the
Revised Code, and includes a
structure consisting of two manufactured homes that were
purchased either together or separately and are combined to form
a single dwelling, but does not include a manufactured home
that is taxed as real property pursuant to division (B) of section
4503.06 of the Revised Code. (G) "Mobile home" has the meaning given in division
(O) of section 4501.01 of the Revised
Code and includes a structure
consisting of two mobile homes that were purchased together or
separately and combined to form a single dwelling, but does not include a
mobile home that is taxed as real property pursuant to division (B)
of section 4503.06 of the Revised Code. (H) "Late application" means an application filed with an
original application under division (A)(3) of section 4503.066 of
the Revised Code.
Sec. 5117.01. As used in sections 5117.01
to 5117.12 of the Revised Code: (A) "Credit" means the credit on utility heating bills
granted under division (A) of section 5117.09 of the Revised
Code. (B) "Current monthly bill" means the amount charged for
energy consumed in the most recent monthly billing period and
does not include any past due balance. (C) "Current total income" means the adjusted gross income
of the head of household and the person's spouse
for the six-month period
beginning the first day of January and ending the thirtieth day
of June of the year in which an application is made, as
determined under the "Internal Revenue Code of 1954," 68A Stat.
3, 26 U.S.C. 1, as amended, adjusted as follows: (1) Subtract the amount of disability
benefits included in adjusted gross income but not to exceed
twenty-six hundred dollars; (2) Add old age and survivors benefits
received pursuant to the "Social Security Act" that are not
included in federal adjusted gross income; (3) Add retirement,
pension, annuity, or other retirement payments or benefits not
included in federal adjusted gross income; (4) Add payments received
pursuant to the "Railroad Retirement Act," 50 Stat. 307, 45
U.S.C. 228; (5) Add interest on federal, state, and local government
obligations; (6) For an applicant who received a credit or payment for the
preceding heating season on the basis of being permanently and totally
disabled and whose application renewal form for the upcoming heating
season is made on the basis of attaining sixty-five years of age
or older, subtract the following amount: (a) If the applicant received disability benefits that were not
included in federal adjusted gross income in the year preceding a year in which the applicant applies
for the credit or payment on the basis of attaining sixty-five years of age or
older, subtract an
amount equal to the disability benefits the applicant received in
that preceding year, to the extent included in current total
income, as defined in this section, and not subtracted under
division (C)(1) of this section in the current year; (b) If the applicant received disability benefits that were
included in federal adjusted gross income in the year preceding a year in
which the applicant applies
for the credit or payment on the basis of attaining sixty-five years of age or
older, subtract an
amount equal to the amount of disability benefits that were
subtracted pursuant to division (C)(1) of this section in that
preceding year, to the extent included in current total income, as defined in
this
section, and not subtracted under division (C)(1) of this section
in the current year. Disability
benefits paid by the department of veterans' affairs or a branch of the
armed forces of the United
States on account of an injury or disability are not included in
current total income. (D) "Energy company" means every retail propane dealer
that distributes propane by pipeline, and every electric light,
rural electric, gas, or natural gas company. (E) "Energy dealer" means every retail dealer of fuel oil,
propane, coal, wood, and kerosene. (F) "Head of household" means a person who occupies a
household as the person's homestead and who is financially
responsible for
its other occupants, if any, or the spouse of such a person if
both occupy the same household. No person is a head of household
if the person occupies a household for the taxable year prior
to the year
in which an application is filed and was claimed as a dependent
on the federal income tax return of another occupant of the same
household and was not the taxpayer's spouse or if the person
could have
been claimed if such a return had been filed for such year and
was not the other occupant's spouse. (G) "Household" means any dwelling unit, including a unit
in a multiple
unit dwelling, a manufactured home, or a mobile home,
to which utility heating
services or energy commodities are provided. (H) "Payment" means the one hundred twenty-five-dollar
payment provided under division (A) of section 5117.10 of the
Revised Code. (I) "Permanently and totally disabled" refers to a person
who has, on the first day of July of the year an application is
made, some impairment in body or mind that makes the person
unfit unable to
work at any substantially remunerative employment that the
person would
otherwise be reasonably able to perform and that will, with
reasonable probability, continue for an indefinite period of at
least twelve months without any present indication of recovery
therefrom, or who has been certified as permanently and totally
disabled by a state or federal agency having the function of so
classifying persons. (J) "Sixty-five years of age or older" refers to a person
who has attained age sixty-four prior to the first day of January
of the year an application is made. (K) "Total income" means the adjusted gross income of the
head of household and the person's spouse for the
year preceding the year
in which an application is made, as determined under the
"Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as
amended, adjusted as follows: (1) Subtract the amount of disability benefits included in
adjusted gross income but not to exceed fifty-two hundred
dollars; (2) Add old age and survivors benefits received pursuant to
the "Social Security Act" that are not included in federal adjusted
gross income; (3) Add retirement, pension, annuity, or other
retirement payments or benefits not included in federal adjusted
gross income; (4) Add payments received pursuant to the "Railroad
Retirement Act," 50 Stat. 307, 45 U.S.C. 228; (5) Add interest on
federal, state, and local government obligations; (6) For an applicant who received a credit or payment for the
preceding heating season on the basis of being permanently and totally
disabled and whose application renewal form for the upcoming heating
season is made on the basis of attaining sixty-five years of age
or older, subtract the following amount: (a) If the applicant received disability benefits that were not
included in federal adjusted gross income in the year preceding a
year in which the applicant applies for the credit or payment on
the basis of attaining sixty-five years of age or older, subtract
an amount equal to the disability benefits the applicant received
in that preceding year, to the extent included in total income, as
defined in this section, and not subtracted under division (K)(1)
of this section in the current year; (b) If the applicant received disability benefits that were
included in federal adjusted gross income in the year preceding a
year in which the applicant applies for the credit or payment on
the basis of attaining sixty-five years of age or older, subtract
an amount equal to the amount of disability benefits that were
subtracted pursuant to division (K)(1) of this section in that
preceding year, to the extent included in total income, as defined in this
section,
and not subtracted under division (K)(1) of this section in the
current year. Disability
benefits paid by the department of veterans'
affairs or a branch of the
armed forces of the United States on account of an injury or
disability shall not be included in total income. (L) "Purchased power costs" means charges for the costs
of power purchased by an electric light company under Chapters 4905.
and 4909. of the Revised Code and includes charges resulting from
the exchange of electric power.
Section 2. That existing sections 323.151, 955.011, 2913.01, 2913.02, 2921.321, 4503.064, and 5117.01 of the Revised Code are hereby repealed.
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