As Reported by the Senate Judiciary Committee            1            

122nd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 182  5            

      1997-1998                                                    6            


REPRESENTATIVES CORE-WESTON-BRITTON-OGG-REID-PADGETT-BRADY-BENDER-  8            

 WOMER BENJAMIN-JERSE-TERWILLEGER-ROMAN-GARDNER-MOTTLEY-BATEMAN-   9            

 BOYD-CORBIN-HAINES-GARCIA-O'BRIEN-BRADING-TAYLOR-OLMAN-COLONNA-   10           

 FORD-SCHURING-PRENTISS-MYERS-SUTTON-THOMAS-VERICH-HOUSEHOLDER-    11           

  PERZ-THOMPSON-TIBERI-METZGER-HARRIS-BUCHY-MEAD-MOTTL-ROBERTS-    12           

 WILSON-VESPER-DAMSCHRODER-SULZER-VAN VYVEN-LEWIS-CAREY-CLANCY-    13           

    CATES-PRINGLE-GRENDELL-MALLORY-STAPLETON-SALERNO-WINKLER-      14           

           JOHNSON-MASON-SENATORS B. JOHNSON-BLESSING              15           


                                                                   17           

                           A   B I L L                                          

             To amend sections 2917.21, 2917.31, 2917.32, and      19           

                4719.01 of the Revised Code to enhance the         21           

                penalties for telephone harassment, inducing                    

                panic, and making false alarms and to exempt from  23           

                the Ohio Telephone Solicitation Law certain                     

                persons who solicit the sale of a periodical or    24           

                magazine.                                                       




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 2917.21, 2917.31, 2917.32, and     27           

4719.01 of the Revised Code be amended to read as follows:         29           

      Sec. 2917.21.  (A)  No person shall knowingly make or cause  38           

to be made a telephone call, or knowingly permit a telephone call  39           

to be made from a telephone under the person's control, to         40           

another, if the caller does any of the following:                  41           

      (1)  Fails to identify the caller to the recipient of the    43           

telephone call and makes the telephone call with purpose to        44           

harass, abuse, or annoy any person at the premises to which the    45           

telephone call is made, whether or not conversation takes place    46           

during the telephone call;                                         47           

                                                          2      

                                                                 
      (2)  Describes, suggests, requests, or proposes that the     49           

caller, recipient of the telephone call, or any other person       50           

engage in, any sexual activity as defined in division (C) of       51           

section 2907.01 of the Revised Code, and the recipient of the      52           

telephone call, or another person at the premises to which the     53           

telephone call is made, has requested, in a previous telephone     54           

call or in the immediate telephone call, the caller not to make a  55           

telephone call to the recipient of the telephone call or to the    56           

premises to which the telephone call is made;                      57           

      (3)  During the telephone call, violates section 2903.21 of  59           

the Revised Code;                                                  60           

      (4)  Knowingly states to the recipient of the telephone      62           

call that the caller intends to cause damage to or destroy public  64           

or private property, and the recipient of the telephone call, any  65           

member of the family of the recipient of the telephone call, or    66           

any other person who resides at the premises to which the          67           

telephone call is made owns, leases, resides, or works in, will    68           

at the time of the destruction or damaging be near or in, has the  69           

responsibility of protecting, or insures the property that will    70           

be destroyed or damaged;                                           71           

      (5)  Knowingly makes the telephone call to the recipient of  73           

the telephone call, to another person at the premises to which     74           

the telephone call is made, or to the premises to which the        75           

telephone call is made, and the recipient of the telephone call,   76           

or another person at the premises to which the telephone call is   77           

made, previously has told the caller not to call the premises to   78           

which the telephone call is made or not to call any persons at     79           

the premises to which the telephone call is made.                  80           

      (B)  No person shall make or cause to be made a telephone    82           

call, or permit a telephone call to be made from a telephone       83           

under the person's control, with purpose to abuse, threaten,       84           

annoy, or harass another person.                                   86           

      (C)(1)  Whoever violates this section is guilty of           88           

telephone harassment,.                                             89           

                                                          3      

                                                                 
      (2)  A VIOLATION OF DIVISION (A)(1), (2), (3), OR (5) OR     92           

(B) OF THIS SECTION IS a misdemeanor of the first degree on a                   

first offense and a felony of the fifth degree on each subsequent  94           

offense involving the same person, recipient, or premises.         95           

      (3)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3) OF      97           

THIS SECTION, A VIOLATION OF DIVISION (A)(4) OF THIS SECTION IS A  98           

MISDEMEANOR OF THE FIRST DEGREE ON A FIRST OFFENSE AND A FELONY    99           

OF THE FIFTH DEGREE ON EACH SUBSEQUENT OFFENSE.  IF A VIOLATION    100          

OF DIVISION (A)(4) OF THIS SECTION RESULTS IN ECONOMIC HARM OF     102          

FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS,  103          

TELEPHONE HARASSMENT IS A FELONY OF THE FIFTH DEGREE.  IF A                     

VIOLATION OF DIVISION (A)(4) OF THIS SECTION RESULTS IN ECONOMIC   104          

HARM OF FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED    105          

THOUSAND DOLLARS, TELEPHONE HARASSMENT IS A FELONY OF THE FOURTH   106          

DEGREE.  IF A VIOLATION OF DIVISION (A)(4) OF THIS SECTION         107          

RESULTS IN ECONOMIC HARM OF ONE HUNDRED THOUSAND DOLLARS OR MORE,  108          

TELEPHONE HARASSMENT IS A FELONY OF THE THIRD DEGREE.              109          

      (D)  AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL      111          

DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY   112          

A VICTIM AS A RESULT OF CRIMINAL CONDUCT.  "ECONOMIC HARM"         113          

INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:             114          

      (1)  ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A    116          

RESULT OF THE CRIMINAL CONDUCT;                                    117          

      (2)  THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION  119          

PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM      120          

WORKING AS A RESULT OF THE CRIMINAL CONDUCT;                       121          

      (3)  THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A         123          

BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;         124          

      (4)  THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY    126          

THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.              127          

      (E)  NOTHING IN THIS SECTION PROHIBITS A PERSON FROM MAKING  129          

A TELEPHONE CALL TO A DEBTOR THAT IS IN COMPLIANCE WITH THE "FAIR  130          

DEBT COLLECTION PRACTICES ACT," 91 STAT. 874 (1977), 15 U.S.C.     132          

1692, AS AMENDED, OR THE "TELEPHONE CONSUMER PROTECTION ACT," 105  134          

                                                          4      

                                                                 
STAT. 2395 (1991), 47 U.S.C. 227, AS AMENDED.                      135          

      Sec. 2917.31.  (A)  No person shall cause the evacuation of  144          

any public place, or otherwise cause serious public inconvenience  145          

or alarm, by doing any of the following:                           146          

      (1)  Initiating or circulating a report or warning of an     148          

alleged or impending fire, explosion, crime, or other              149          

catastrophe, knowing that such report or warning is false;         150          

      (2)  Threatening to commit any offense of violence;          152          

      (3)  Committing any offense, with reckless disregard of the  154          

likelihood that its commission will cause serious public           155          

inconvenience or alarm.                                            156          

      (B)  Division (A)(1) of this section does not apply to any   158          

person conducting an authorized fire or emergency drill.           159          

      (C)  Whoever violates this section is guilty of inducing     161          

panic,.  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, INDUCING   163          

PANIC IS a misdemeanor of the first degree.  If A violation of     164          

this section results in physical harm to any person, inducing      165          

panic is a felony of the fourth degree.  IF A VIOLATION OF THIS    166          

SECTION RESULTS IN ECONOMIC HARM OF FIVE HUNDRED DOLLARS OR MORE   167          

BUT LESS THAN FIVE THOUSAND DOLLARS, INDUCING PANIC IS A FELONY    168          

OF THE FIFTH DEGREE.  IF VIOLATION OF THIS SECTION RESULTS IN      169          

ECONOMIC HARM OF FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE   170          

HUNDRED THOUSAND DOLLARS, INDUCING PANIC IS A FELONY OF THE                     

FOURTH DEGREE.  IF VIOLATION OF THIS SECTION RESULTS IN ECONOMIC   171          

HARM OF ONE HUNDRED THOUSAND DOLLARS OR MORE, INDUCING PANIC IS A  172          

FELONY OF THE THIRD DEGREE.                                                     

      (D)  AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL      174          

DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY   175          

A VICTIM AS A RESULT OF CRIMINAL CONDUCT.  "ECONOMIC HARM"         176          

INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:             177          

      (1)  ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A    179          

RESULT OF THE CRIMINAL CONDUCT;                                    180          

      (2)  THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION  182          

PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM      183          

                                                          5      

                                                                 
WORKING AS A RESULT OF THE CRIMINAL CONDUCT;                       184          

      (3)  THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A         186          

BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;         187          

      (4)  THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY    189          

THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.              190          

      Sec. 2917.32.  (A)  No person shall do either ANY of the     199          

following:                                                         200          

      (1)  Initiate or circulate a report or warning of an         202          

alleged or impending fire, explosion, crime, or other              203          

catastrophe, knowing that the report or warning is false and       204          

likely to cause public inconvenience or alarm;                     205          

      (2)  Knowingly cause a false alarm of fire or other          207          

emergency to be transmitted to or within any organization, public  208          

or private, for dealing with emergencies involving a risk of       209          

physical harm to persons or property;                              210          

      (3)  Report to any law enforcement agency an alleged         212          

offense or other incident within its concern, knowing that such    213          

offense did not occur.                                             214          

      (B)  This section does not apply to any person conducting    216          

an authorized fire or emergency drill.                             217          

      (C)  Whoever violates this section is guilty of making       219          

false alarms,.  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION,     221          

MAKING FALSE ALARMS IS a misdemeanor of the first degree.  IF A    222          

VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE                      

HUNDRED DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS,       223          

MAKING FALSE ALARMS IS A FELONY OF THE FIFTH DEGREE.  IF A         224          

VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE         225          

THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND                     

DOLLARS, MAKING FALSE ALARMS IS A FELONY OF THE FOURTH DEGREE.     226          

IF A VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF ONE     227          

HUNDRED THOUSAND DOLLARS OR MORE, MAKING FALSE ALARMS IS A FELONY  228          

OF THE THIRD DEGREE.                                                            

      (D)  AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL      230          

DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY   231          

                                                          6      

                                                                 
A VICTIM AS A RESULT OF CRIMINAL CONDUCT.  "ECONOMIC HARM"         232          

INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:             233          

      (1)  ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A    235          

RESULT OF THE CRIMINAL CONDUCT;                                    236          

      (2)  THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION  238          

PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM      239          

WORKING AS A RESULT OF THE CRIMINAL CONDUCT;                       240          

      (3)  THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A         242          

BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT;         243          

      (4)  THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY    245          

THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT.              246          

      Sec. 4719.01.  (A)  As used in sections 4719.01 to 4719.18   255          

of the Revised Code:                                               256          

      (1)  "Affiliate" means a business entity that is owned by,   258          

operated by, controlled by, or under common control with another   259          

business entity.                                                                

      (2)  "Communication" means a written or oral notification    261          

or advertisement that meets both of the following criteria, as     262          

applicable:                                                                     

      (a)  The notification or advertisement is transmitted by or  264          

on behalf of the seller of goods or services and by or through     265          

any printed, audio, video, cinematic, telephonic, or electronic    266          

means.                                                                          

      (b)  In the case of a notification or advertisement other    268          

than by telephone, either of the following conditions is met:      269          

      (i)  The notification or advertisement is followed by a      271          

telephone call from a telephone solicitor or salesperson.          272          

      (ii)  The notification or advertisement invites a response   274          

by telephone, and, during the course of that response, a           275          

telephone solicitor or salesperson attempts to make or makes a     276          

sale of goods or services.  As used in division (A)(2)(b)(ii) of   277          

this section, "invites a response by telephone" excludes the mere  278          

listing or inclusion of a telephone number in a notification or    279          

advertisement.                                                                  

                                                          7      

                                                                 
      (3)  "Gift, award, or prize" means anything of value that    282          

is offered or purportedly offered, or given or purportedly given   283          

by chance, at no cost to the receiver and with no obligation to    284          

purchase goods or services.  As used in this division, "chance"                 

includes a situation in which a person is guaranteed to receive    286          

an item and, at the time of the offer or purported offer, the      287          

telephone solicitor does not identify the specific item that the                

person will receive.                                               288          

      (4)  "Goods or services" means any real property or any      291          

tangible or intangible personal property, or services of any kind  292          

provided or offered to a person.  "Goods or services" includes,                 

but is not limited to, advertising; labor performed for the        293          

benefit of a person; personal property intended to be attached to  294          

or installed in any real property, regardless of whether it is so  295          

attached or installed; timeshare estates or licenses; and          296          

extended service contracts.                                                     

      (5)  "Purchaser" means a person that is solicited to become  299          

or does become financially obligated as a result of a telephone    300          

solicitation.                                                                   

      (6)  "Salesperson" means an individual who is employed,      302          

appointed, or authorized by a telephone solicitor to make          304          

telephone solicitations but does not mean any of the following:                 

      (a)  An individual who comes within one of the exemptions    306          

in division (B) of this section;                                   307          

      (b)  An individual employed, appointed, or authorized by a   309          

person who comes within one of the exemptions in division (B) of   310          

this section;                                                      311          

      (c)  An individual under a written contract with a person    313          

who comes within one of the exemptions in division (B) of this     314          

section, if liability for all transactions with purchasers is      315          

assumed by the person so exempted.                                 316          

      (7)  "Telephone solicitation" means a communication to a     318          

person that meets both of the following criteria:                  319          

      (a)  The communication is initiated by or on behalf of a     321          

                                                          8      

                                                                 
telephone solicitor or by a salesperson.                           322          

      (b)  The communication either represents a price or the      324          

quality or availability of goods or services or is used to induce  325          

the person to purchase goods or services, including, but not       326          

limited to, inducement through the offering of a gift, award, or   327          

prize.                                                                          

      (8)  "Telephone solicitor" means a person that engages in    329          

telephone solicitation directly or through one or more             330          

salespersons either from a location in this state or from a        331          

location outside this state to persons in this state.  "Telephone  332          

solicitor" includes, but is not limited to, any such person that   333          

is an owner, operator, officer, or director of, partner in, or     334          

other individual engaged in the management activities of, a        335          

business.                                                                       

      (B)  A telephone solicitor is exempt from the provisions of  338          

sections 4719.02 to 4719.18 and section 4719.99 of the Revised                  

Code if the telephone solicitor is any one of the following:       339          

      (1)  A person engaging in a telephone solicitation that is   341          

a one-time or infrequent transaction not done in the course of a   342          

pattern of repeated transactions of a like nature;                 343          

      (2)  A person engaged in telephone solicitation solely for   345          

religious or political purposes; a charitable organization,        346          

fund-raising counsel, or professional solicitor in compliance      347          

with the registration and reporting requirements of Chapter 1716.  348          

of the Revised Code; or any person or other entity exempt under    349          

section 1716.03 of the Revised Code from filing a registration     350          

statement under section 1716.02 of the Revised Code;               352          

      (3)  A person, making a telephone solicitation involving a   354          

home solicitation sale as defined in section 1345.21 of the        355          

Revised Code, that makes the sales presentation and completes the  356          

sale at a later, face-to-face meeting between the seller and the   358          

purchaser rather than during the telephone solicitation.           359          

However, if the person, following the telephone solicitation,      360          

causes another person to collect the payment of any money, this    361          

                                                          9      

                                                                 
exemption does not apply.                                                       

      (4)  A licensed securities, commodities, or investment       363          

broker, dealer, investment advisor, or associated person when      364          

making a telephone solicitation within the scope of the person's   365          

license.  As used in division (B)(4) of this section, "licensed    366          

securities, commodities, or investment broker, dealer, investment  367          

advisor, or associated person" means a person subject to           368          

licensure or registration as such by the securities and exchange   369          

commission; the National Association of Securities Dealers or      370          

other self-regulatory organization, as defined by 15 U.S.C.A.      371          

78c; by the division of securities under Chapter 1707. Revised     372          

Code; or by an official or agency of any other state of the        373          

United States.                                                                  

      (5)(a)  A person primarily engaged in soliciting the sale    375          

of a newspaper of general circulation;                             376          

      (b)  As used in division (B)(5)(a) of this section,          378          

"newspaper of general circulation" includes, but is not limited    379          

to, both of the following:                                                      

      (i)  A newspaper that is a daily law journal designated as   381          

an official publisher of court calendars pursuant to section       382          

2701.09 of the Revised Code;                                                    

      (ii)  A newspaper or publication that has at least           384          

twenty-five per cent editorial, non-advertising content,           385          

exclusive of inserts, measured relative to total publication       386          

space, and an audited circulation to at least fifty per cent of    387          

the households in the newspaper's retail trade zone as defined by               

the audit.                                                         388          

      (6)(a)  An issuer, or its subsidiary, that has a class of    390          

securities to which all of the following apply:                    391          

      (i)  The class of securities is subject to section 12 of     393          

the "Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is     394          

registered or is exempt from registration under 15 U.S.C.A.        396          

78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);                                  

      (ii)  The class of securities is listed on the New York      399          

                                                          10     

                                                                 
stock exchange, the American stock exchange, or the NASDAQ         400          

national market system;                                                         

      (iii)  The class of securities is a reported security as     402          

defined in 17 C.F.R. 240.11Aa3-1(a)(4).                            403          

      (b)  An issuer, or its subsidiary, that formerly had a       405          

class of securities that met the criteria set forth in division    406          

(B)(6)(a) of this section if the issuer, or its subsidiary, has a  408          

net worth in excess of one hundred million dollars, files or its   409          

parent files with the securities and exchange commission an        410          

S.E.C. form 10-K, and has continued in substantially the same      411          

business since it had a class of securities that met the criteria               

in division (B)(6)(a) of this section.  As used in division        412          

(B)(6)(b) of this section, "issuer" and "subsidiary" include the   413          

successor to an issuer or subsidiary.                              415          

      (7)  A person soliciting a transaction regulated by the      417          

commodity futures trading commission, if the person is registered  418          

or temporarily registered for that activity with the commission    419          

under 7 U.S.C.A. 1 et. seq. and the registration or temporary      420          

registration has not expired or been suspended or revoked;         421          

      (8)  A person soliciting the sale of any book, record,       423          

audio tape, compact disc, or video, if the person allows the       424          

purchaser to review the merchandise for at least seven days and    426          

provides a full refund within thirty days to a purchaser who       427          

returns the merchandise or if the person solicits the sale on      428          

behalf of a membership club operating in compliance with           429          

regulations adopted by the federal trade commission in 16 C.F.R.   430          

425;                                                                            

      (9)  A supervised financial institution or its subsidiary.   432          

As used in division (B)(9) of this section, "supervised financial  434          

institution" means a bank, trust company, savings and loan         435          

association, savings bank, credit union, industrial loan company,               

consumer finance lender, commercial finance lender, or             436          

institution described in section 2(c)(2)(F) of the "Bank Holding   437          

Company Act of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended,       438          

                                                          11     

                                                                 
supervised by an official or agency of the United States, this     439          

state, or any other state of the United States; or a licensee or   440          

registrant under sections 1321.01 to 1321.19, 1321.51 to 1321.60,  441          

or 1321.71 to 1321.83 of the Revised Code.                         442          

      (10)(a)  An insurance company, association, or other         444          

organization that is licensed or authorized to conduct business    445          

in this state by the superintendent of insurance pursuant to       446          

Title XXXIX of the Revised Code or Chapter 1751. of the Revised    447          

Code, when soliciting within the scope of its license or           449          

authorization.                                                                  

      (b)  A licensed insurance broker, agent, or solicitor when   452          

soliciting within the scope of the person's license.  As used in   453          

division (B)(10)(b) of this section, "licensed insurance broker,   454          

agent, or solicitor" means any person licensed as an insurance     455          

broker, agent, or solicitor by the superintendent of insurance     456          

pursuant to Title XXXIX of the Revised Code.                                    

      (11)  A person soliciting the sale of services provided by   458          

a cable television system operating under authority of a           459          

governmental franchise or permit;                                  460          

      (12)  A person soliciting a business-to-business sale under  462          

which any of the following conditions are met:                     463          

      (a)  The telephone solicitor has been operating              465          

continuously for at least three years under the same business      466          

name under which it solicits purchasers, and at least fifty-one    467          

per cent of its gross dollar volume of sales consists of repeat    468          

sales to existing customers to whom it has made sales under the    469          

same business name.                                                             

      (b)  The purchaser business intends to resell the goods      472          

purchased.                                                                      

      (c)  The purchaser business intends to use the goods or      475          

services purchased in a recycling, reuse, manufacturing, or                     

remanufacturing process.                                           476          

      (d)  The telephone solicitor is a publisher of a periodical  478          

or of magazineS distributed as controlled circulation              479          

                                                          12     

                                                                 
publicationS as defined in division (CC) of section 5739.01 of     480          

the Revised Code and is soliciting sales of advertising,           481          

subscriptions, reprints, lists, information databases, conference  482          

participation or sponsorships, trade shows or media products       483          

related to the periodical or magazine, or other publishing                      

services provided by the controlled circulation publication.       484          

      (13)  A person that, not less often than once each year,     486          

publishes and delivers to potential purchasers a catalog that      487          

complies with both of the following:                               488          

      (a)  It includes all of the following:                       490          

      (i)  The business address of the seller;                     492          

      (ii)  A written description or illustration of each good or  495          

service offered for sale;                                                       

      (iii)  A clear and conspicuous disclosure of the sale price  497          

of each good or service; shipping, handling, and other charges;    499          

and return policy;                                                              

      (b)  One of the following applies:                           501          

      (i)  The catalog includes at least twenty-four pages of      503          

written material and illustrations, is distributed in more than    504          

one state, and has an annual postage-paid mail circulation of not  505          

less than two hundred fifty thousand households;                   506          

      (ii)  The catalog includes at least ten pages of written     508          

material or an equivalent amount of material in electronic form    509          

on the internet or an on-line computer service, the person does    510          

not solicit customers by telephone but solely receives telephone   511          

calls made in response to the catalog, and during the calls the    513          

person takes orders but does not engage in further solicitation                 

of the purchaser.  As used in division (B)(13)(b)(ii) of this      514          

section, "further solicitation" does not include providing the     515          

purchaser with information about, or attempting to sell, any       516          

other item in the catalog that prompted the purchaser's call or    517          

in a substantially similar catalog issued by the seller.           518          

      (14)  A political subdivision or instrumentality of the      520          

United States, this state, or any state of the United States;      522          

                                                          13     

                                                                 
      (15)  A college or university or any other public or         524          

private institution of higher education in this state;             525          

      (16)  A public utility, as defined in section 4905.02 of     527          

the Revised Code, that is subject to regulation by the public      528          

utilities commission, or its affiliate;                            529          

      (17)  A travel agency or tour promoter that is registered    531          

in compliance with section 1333.96 of the Revised Code when        532          

soliciting within the scope of the agency's or promoter's          533          

registration;                                                                   

      (18)  A person that solicits sales through a television      535          

program or advertisement that is presented in the same market      536          

area no fewer than twenty days per month or offers for sale no     537          

fewer than ten distinct items of goods or services; and offers to  538          

the purchaser an unconditional right to return any good or         539          

service purchased within a period of at least seven days and to    540          

receive a full refund within thirty days after the purchaser                    

returns the good or cancels the service;                           541          

      (19)(a)  A person that, for at least one year, has been      543          

operating a retail business under the same name as that used in    544          

connection with telephone solicitation and both of the following   545          

occur on a continuing basis:                                       546          

      (i)  The person either displays goods and offers them for    548          

retail sale at the person's business premises or offers services   549          

for sale and provides them at the person's business premises.      550          

      (ii)  At least fifty-one per cent of the person's gross      553          

dollar volume of retail sales involves purchases of goods or                    

services at the person's business premises.                        554          

      (b)  An affiliate of a person that meets the requirements    556          

in division (B)(19)(a) of this section if the affiliate meets all  558          

of the following requirements:                                                  

      (i)  The affiliate has operated a retail business for a      560          

period of less than one year;                                      561          

      (ii)  The affiliate either displays goods and offers them    563          

for retail sale at the affiliate's business premises or offers     564          

                                                          14     

                                                                 
services for sale and provides them at the affiliate's business    565          

premises;                                                                       

      (iii)  At least fifty-one per cent of the affiliate's gross  567          

dollar volume of retail sales involves purchases of goods or       568          

services at the affiliate's business premises.                     569          

      (c)  A person that, for a period of less than one year, has  571          

been operating a retail business in this state under the same      572          

name as that used in connection with telephone solicitation, as    573          

long as all of the following requirements are met:                 574          

      (i)  The person either displays goods and offers them for    576          

retail sale at the person's business premises or offers services   577          

for sale and provides them at the person's business premises;      578          

      (ii)  The goods or services that are the subject of          580          

telephone solicitation are sold at the person's business           581          

premises, and at least sixty-five per cent of the person's gross   582          

dollar volume of retail sales involves purchases of goods or       583          

services at the person's business premises;                                     

      (iii)  The person conducts all telephone solicitation        585          

activities according to sections 310.3, 310.4, and 310.5 of the    586          

telemarketing sales rule adopted by the federal trade commission   587          

in 16 C.F.R. part 310.                                                          

      (20)  A person who performs telephone solicitation sales     589          

services on behalf of other persons and to whom one of the         590          

following applies:                                                              

      (a)  The person has operated under the same ownership,       592          

control, and business name for at least five years, and the        593          

person receives at least seventy-five per cent of its gross        594          

revenues from written telephone solicitation contracts with        595          

persons who come within one of the exemptions in division (B) of                

this section.                                                      596          

      (b)  The person is an affiliate of one or more exempt        598          

persons and makes telephone solicitations on behalf of only the    599          

exempt persons of which it is an affiliate.                        600          

      (c)  The person makes telephone solicitations on behalf of   602          

                                                          15     

                                                                 
only exempt persons, the person and each exempt person on whose    603          

behalf telephone solicitations are made have entered into a        604          

written contract that specifies the manner in which the telephone  605          

solicitations are to be conducted and that at a minimum requires   606          

compliance with the telemarketing sales rule adopted by the                     

federal trade commission in 16 C.F.R. part 310, and the person     608          

conducts the telephone solicitations in the manner specified in    609          

the written contract.                                                           

      (d)  The person performs telephone solicitation for          611          

religious or political purposes, a charitable organization, a      612          

fund-raising council, or a professional solicitor in compliance    613          

with the registration and reporting requirements of Chapter 1716.  614          

of the Revised Code; and meets all of the following requirements:  615          

      (i)  The person has operated under the same ownership,       617          

control, and business name for at least five years, and the        618          

person receives at least fifty-one per cent of its gross revenues  619          

from written telephone solicitation contracts with persons who     620          

come within the exemption in division (B)(2) of this section;      621          

      (ii)  The person does not conduct a prize promotion or       623          

offer the sale of an investment opportunity; and                   624          

      (iii)  The person conducts all telephone solicitation        626          

activities according to sections 310.3, 310.4, and 310.5 of the    627          

telemarketing sales rules adopted by the federal trade commission  628          

in 16 C.F.R. part 310.                                             629          

      (21)  A person that is a licensed real estate salesperson    631          

or broker under Chapter 4735. of the Revised Code when soliciting  632          

within the scope of the person's license;                          633          

      (22)(a)  EITHER OF THE FOLLOWING:                            635          

      (i)  A publisher that solicits the sale of the publisher's   637          

periodical or magazine of general, paid circulation, or a person   638          

that solicits a sale of that nature on behalf of AS AUTHORIZED BY  639          

a publisher under a written agreement directly between the         641          

publisher and the person.                                                       

      (ii)  A PUBLISHER THAT SOLICITS THE SALE OF THE PUBLISHER'S  643          

                                                          16     

                                                                 
PERIODICAL OR MAGAZINE OF GENERAL, PAID CIRCULATION, OR A PERSON   644          

THAT SOLICITS A SALE OF THAT NATURE AS AUTHORIZED BY A PUBLISHER   645          

UNDER A WRITTEN AGREEMENT DIRECTLY WITH A PUBLISHER'S              647          

CLEARINGHOUSE PROVIDED THE PERSON IS A RESIDENT OF OHIO FOR MORE   648          

THAN THREE YEARS AND INITIATES ALL TELEPHONE SOLICITATIONS FROM    649          

OHIO AND THE PERSON CONDUCTS THE SOLICITATION AND SALE IN          650          

COMPLIANCE WITH 16 C.F.R. PART 310, AS ADOPTED BY THE FEDERAL      651          

TRADE COMMISSION.                                                               

      (b)  As used in division (B)(22) of this section,            654          

"periodical or magazine of general, paid circulation" excludes a   655          

periodical or magazine circulated only as part of a membership     656          

package or given as a free gift or prize from the publisher or     657          

person.                                                                         

      (23)  A person that solicits the sale of food, as defined    659          

in section 3715.01 of the Revised Code, or the sale of products    660          

of horticulture, as defined in section 5739.01 of the Revised      661          

Code, if the person does not intend the solicitation to result     662          

in, or the solicitation actually does not result in, a sale that   663          

costs the purchaser an amount greater than five hundred dollars.                

      (24)  A funeral director licensed pursuant to Chapter 4717.  665          

of the Revised Code when soliciting within the scope of that       666          

license, if both of the following apply:                           667          

      (a)  The solicitation and sale are conducted in compliance   669          

with 16 C.F.R. part 453, as adopted by the federal trade           670          

commission, and with sections 1107.33 and 1345.21 to 1345.28 of    671          

the Revised Code;                                                               

      (b)  The person provides to the purchaser of any preneed     673          

funeral contract a notice that clearly and conspicuously sets      674          

forth the cancellation rights specified in division (G) of         675          

section 1107.33 of the Revised Code, and retains a copy of the     676          

that notice signed by the purchaser.                                            

      (25)  A person, or affiliate thereof, licensed to sell or    678          

issue Ohio instruments designated as travelers checks pursuant to  679          

sections 1315.01 to 1315.11 of the Revised Code.                   680          

                                                          17     

                                                                 
      (26)  A person that solicits sales from its previous         682          

purchasers and meets all of the following requirements:            683          

      (a)  The solicitation is made under the same business name   685          

that was previously used to sell goods or services to the          686          

purchaser;                                                                      

      (b)  The person has, for a period of not less than three     688          

years, operated a business under the same business name as that    689          

used in connection with telephone solicitation;                    690          

      (c)  The person does not conduct a prize promotion or offer  692          

the sale of an investment opportunity;                             693          

      (d)  The person conducts all telephone solicitation          695          

activities according to sections 310.3, 310.4, and 310.5 of the    696          

telemarketing sales rules adopted by the federal trade commission  697          

in 16 C.F.R. part 310;                                                          

      (e)  Neither the person nor any of its principals has been   699          

convicted of, pleaded guilty to, or has entered a plea of no       700          

contest for a felony or a theft offense as defined in sections     701          

2901.02 and 2913.01 of the Revised Code or similar law of another  702          

state or of the United States;                                                  

      (f)  Neither the person nor any of its principals has had    704          

entered against them an injunction or a final judgment or order,   705          

including an agreed judgment or order, an assurance of voluntary   706          

compliance, or any similar instrument, in any civil or             707          

administrative action involving engaging in a pattern of corrupt   708          

practices, fraud, theft, embezzlement, fraudulent conversion, or   709          

misappropriation of property; the use of any untrue, deceptive,                 

or misleading representation; or the use of any unfair, unlawful,  710          

deceptive, or unconscionable trade act or practice.                711          

      (27)  An institution defined as a home health agency in      713          

section 3701.88 of the Revised Code, that conducts all telephone   714          

solicitation activities according to sections 310.3, 310.4, and    715          

310.5 of the telemarketing sales rules adopted by the federal      716          

trade commission in 16 C.F.R. part 310, and engages in telephone   717          

solicitation only within the scope of the institution's            718          

                                                          18     

                                                                 
certification, accreditation, contract with the department of                   

aging, or status as a home health agency; and that meets one of    719          

the following requirements:                                        720          

      (a)  The institution is certified as a provider of home      722          

health services under Title XVIII of the Social Security Act, 49   724          

Stat. 620, 42 U.S.C. 301, as amended; and is registered with the   725          

department of health pursuant to division (B) of section 3701.88   726          

of the Revised Code;                                               727          

      (b)  The institution is accredited by either the joint       729          

commission on accreditation of health care organizations or the    730          

community health accreditation program;                            731          

      (c)  The institution is providing PASSPORT services under    734          

the direction of the Ohio department of aging under section                     

173.40 of the Revised Code;                                        735          

      (d)  An affiliate of an institution that meets the           737          

requirements of division (B)(27)(a), (b), or (c) of this section   739          

when offering for sale substantially the same goods and services   740          

as those that are offered by the institution that meets the                     

requirements of division (B)(27)(a), (b), or (c) of this section.  742          

      (28)  A person licensed to provide a hospice care program    744          

by the department of health pursuant to section 3712.04 of the     745          

Revised Code when conducting telephone solicitations within the    747          

scope of the person's license and according to sections 310.3,     748          

310.4, and 310.5 of the telemarketing sales rules adopted by the   749          

federal trade commission in 16 C.F.R. part 310.                                 

      Section 2.  That existing sections 2917.21, 2917.31,         751          

2917.32, and 4719.01 of the Revised Code are hereby repealed.      753