As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                              S. B. No. 200      5            

      1999-2000                                                    6            


   SENATORS ARMBRUSTER-DRAKE-SPADA-WACHTMANN-OELSLAGER-BRADY-      8            

           LATELL-GARDNER-DiDONATO-WATTS-HAGAN-MUMPER              9            


_________________________________________________________________   10           

                          A   B I L L                                           

             To amend sections 4301.639, 5733.98, and 5747.98 and  12           

                to enact sections 2927.021, 2927.022, 4301.61,     13           

                4301.611, 5733.50, and 5747.38 of the Revised      14           

                Code to grant liquor permit holders and sellers    15           

                of tobacco products, and their agents and                       

                employees, an affirmative defense against a        17           

                charge of selling cigarettes, other tobacco                     

                products, beer, intoxicating liquor, or            18           

                low-alcohol beverages to an underage person if a   19           

                transaction scan of the purchaser's driver's or                 

                commercial driver's license or Ohio                21           

                identification card indicates it is valid; to                   

                restrict the use of the information obtained       22           

                through a transaction scan; to require the         23           

                Registrar of Motor Vehicles to adopt rules                      

                relating to the use of transaction scan devices;   24           

                and to grant a credit against the corporate        25           

                franchise or personal income tax for the purchase  26           

                or lease of a transaction scan device.                          




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        28           

      Section 1.  That sections 4301.639, 5733.98, and 5747.98 be  30           

amended and sections 2927.021, 2927.022, 4301.61, 4301.611,        31           

5733.50, and 5747.38 of the Revised Code be enacted to read as     32           

follows:                                                                        

      Sec. 2927.021.  (A)  AS USED IN THIS SECTION AND SECTION     34           

                                                          2      


                                                                 
2927.022 OF THE REVISED CODE:                                      35           

      (1)  "CARD HOLDER" MEANS ANY PERSON WHO PRESENTS A DRIVER'S  37           

OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD TO A      38           

SELLER OR AN AGENT OR EMPLOYEE OF A SELLER AS A CONDITION FOR      39           

PURCHASING, RECEIVING A GIFT OF, OR OTHERWISE BEING DISTRIBUTED    40           

CIGARETTES OR OTHER TOBACCO PRODUCTS FROM THE SELLER, AGENT, OR    41           

EMPLOYEE.                                                                       

      (2)  "IDENTIFICATION CARD" MEANS AN IDENTIFICATION CARD      43           

ISSUED UNDER SECTIONS 4507.50 TO 4507.52 OF THE REVISED CODE.      44           

      (3)  "SELLER" MEANS A SELLER OF CIGARETTES OR OTHER TOBACCO  46           

PRODUCTS AND INCLUDES ANY PERSON WHOSE GIFT OF OR OTHER            47           

DISTRIBUTION OF CIGARETTES OR OTHER TOBACCO PRODUCTS IS SUBJECT    48           

TO THE PROHIBITIONS OF SECTION 2927.02 OF THE REVISED CODE.        49           

      (4)  "TRANSACTION SCAN" MEANS THE PROCESS BY WHICH A SELLER  51           

OR AN AGENT OR EMPLOYEE OF A SELLER CHECKS, BY MEANS OF A          52           

TRANSACTION SCAN DEVICE, THE VALIDITY OF A DRIVER'S OR COMMERCIAL  53           

DRIVER'S LICENSE OR OF AN IDENTIFICATION CARD THAT IS PRESENTED    54           

AS A CONDITION FOR PURCHASING, RECEIVING A GIFT OF, OR OTHERWISE   55           

BEING DISTRIBUTED CIGARETTES OR OTHER TOBACCO PRODUCTS.            56           

      (5)  "TRANSACTION SCAN DEVICE" MEANS ANY COMMERCIAL DEVICE   58           

OR COMBINATION OF DEVICES USED AT A POINT OF SALE OR ENTRY THAT    59           

IS CAPABLE OF DECIPHERING IN AN ELECTRONICALLY READABLE FORMAT     60           

THE INFORMATION ENCODED ON THE MAGNETIC STRIP OR BAR CODE OF A     61           

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION       62           

CARD.                                                                           

      (B)(1)(a)  A SELLER OR AN AGENT OR EMPLOYEE OF A SELLER MAY  65           

PERFORM A TRANSACTION SCAN BY MEANS OF A TRANSACTION SCAN DEVICE   66           

TO CHECK THE VALIDITY OF A DRIVER'S OR COMMERCIAL DRIVER'S         67           

LICENSE OR IDENTIFICATION CARD PRESENTED BY A CARD HOLDER AS A     68           

CONDITION FOR SELLING, GIVING AWAY, OR OTHERWISE DISTRIBUTING      69           

CIGARETTES OR OTHER TOBACCO PRODUCTS TO THE CARD HOLDER.           71           

      (b)  IF THE INFORMATION DECIPHERED BY THE TRANSACTION SCAN   73           

PERFORMED UNDER DIVISION (B)(1)(a) OF THIS SECTION FAILS TO MATCH  76           

THE INFORMATION PRINTED ON THE DRIVER'S OR COMMERCIAL DRIVER'S                  

                                                          3      


                                                                 
LICENSE OR IDENTIFICATION CARD PRESENTED BY THE CARD HOLDER, OR    78           

IF THE TRANSACTION SCAN INDICATES THAT THE INFORMATION SO PRINTED  79           

IS FALSE OR FRAUDULENT, NEITHER THE SELLER NOR ANY AGENT OR        80           

EMPLOYEE OF THE SELLER SHALL SELL, GIVE AWAY, OR OTHERWISE                      

DISTRIBUTE ANY CIGARETTES OR OTHER TOBACCO PRODUCTS TO THE CARD    82           

HOLDER.                                                                         

      (2)  DIVISION (B)(1)(a) OF THIS SECTION DOES NOT PRECLUDE A  85           

SELLER OR AN AGENT OR EMPLOYEE OF A SELLER FROM USING A SCANNING   87           

DEVICE TO CHECK THE VALIDITY OF A DOCUMENT OTHER THAN A DRIVER'S   88           

OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD, IF THE   89           

DOCUMENT INCLUDES A BAR CODE OR MAGNETIC STRIP THAT MAY BE         90           

SCANNED BY THE SCANNING DEVICE, AS A CONDITION FOR SELLING,        91           

GIVING AWAY, OR OTHERWISE DISTRIBUTING CIGARETTES OR OTHER                      

TOBACCO PRODUCTS TO THE PERSON PRESENTING THE DOCUMENT.            92           

      (C)  THE RULES THAT THE REGISTRAR OF MOTOR VEHICLES ADOPTS   94           

UNDER DIVISION (C) OF SECTION 4301.61 OF THE REVISED CODE APPLY    96           

TO THE USE OF TRANSACTION SCAN DEVICES FOR PURPOSES OF THIS        97           

SECTION AND SECTION 2927.022 OF THE REVISED CODE.                  99           

      (D)(1)  NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL     101          

ELECTRONICALLY OR MECHANICALLY RECORD OR MAINTAIN ANY INFORMATION  102          

DERIVED FROM A TRANSACTION SCAN EXCEPT THE FOLLOWING:              104          

      (a)  THE NAME AND DATE OF BIRTH OF THE PERSON LISTED ON THE  106          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD     107          

PRESENTED BY A CARD HOLDER;                                        108          

      (b)  THE EXPIRATION DATE AND IDENTIFICATION NUMBER OF THE    110          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD     111          

PRESENTED BY A CARD HOLDER.                                        112          

      (2)  NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL USE    114          

THE INFORMATION THAT IS DERIVED FROM A TRANSACTION SCAN OR THAT    115          

IS PERMITTED TO BE RECORDED AND MAINTAINED UNDER DIVISION (D)(1)   116          

OF THIS SECTION EXCEPT FOR PURPOSES OF SECTION 2927.022 OF THE     117          

REVISED CODE.                                                      118          

      (3)  NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL USE A  120          

TRANSACTION SCAN DEVICE FOR A PURPOSE OTHER THAN THE PURPOSE       121          

                                                          4      


                                                                 
SPECIFIED IN DIVISION (B)(1)(a) OF THIS SECTION.                   122          

      (4)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4) OF      124          

THIS SECTION, NO SELLER OR AGENT OR EMPLOYEE OF A SELLER SHALL     125          

SELL OR OTHERWISE DISSEMINATE THE INFORMATION DERIVED FROM A       126          

TRANSACTION SCAN TO ANY THIRD PARTY, INCLUDING, BUT NOT LIMITED    127          

TO, SELLING OR OTHERWISE DISSEMINATING THAT INFORMATION FOR ANY    128          

MARKETING, ADVERTISING, OR PROMOTIONAL ACTIVITIES.  A SELLER OR    129          

AGENT OR EMPLOYEE OF A SELLER MAY RELEASE THAT INFORMATION         130          

PURSUANT TO A COURT ORDER OR AS SPECIFICALLY AUTHORIZED BY         131          

SECTION 2927.022 OR ANOTHER SECTION OF THE REVISED CODE.                        

      (E)  WHOEVER VIOLATES DIVISION (B)(1)(b) OR (D) OF THIS      134          

SECTION IS GUILTY OF ENGAGING IN ILLEGAL TOBACCO-RELATED           135          

TRANSACTION SCAN ACTIVITY, AND THE COURT MAY IMPOSE UPON THE       136          

OFFENDER A CIVIL PENALTY OF UP TO ONE THOUSAND DOLLARS FOR EACH    137          

VIOLATION.  THE CLERK OF THE COURT SHALL PAY EACH COLLECTED CIVIL  138          

PENALTY TO THE COUNTY TREASURER FOR DEPOSIT INTO THE COUNTY                     

TREASURY.                                                          139          

      Sec. 2927.022.  (A)  A SELLER OR AN AGENT OR EMPLOYEE OF A   141          

SELLER MAY NOT BE FOUND GUILTY OF A CHARGE OF A VIOLATION OF       143          

SECTION 2927.02 OF THE REVISED CODE IN WHICH THE AGE OF THE        146          

PURCHASER OR OTHER RECIPIENT OF CIGARETTES OR OTHER TOBACCO        147          

PRODUCTS IS AN ELEMENT OF THE ALLEGED VIOLATION, IF THE SELLER,                 

AGENT, OR EMPLOYEE RAISES AND PROVES AS AN AFFIRMATIVE DEFENSE     148          

THAT ALL OF THE FOLLOWING OCCURRED:                                149          

      (1)  A CARD HOLDER ATTEMPTING TO MAKE A PURCHASE OF,         151          

RECEIVE A GIFT OF, OR OTHERWISE BE DISTRIBUTED CIGARETTES OR       153          

OTHER TOBACCO PRODUCTS PRESENTED A DRIVER'S OR COMMERCIAL                       

DRIVER'S LICENSE OR AN IDENTIFICATION CARD.                        154          

      (2)  A TRANSACTION SCAN OF THE DRIVER'S OR COMMERCIAL        156          

DRIVER'S LICENSE OR IDENTIFICATION CARD THAT THE CARD HOLDER       157          

PRESENTED INDICATED THAT THE LICENSE OR CARD WAS VALID.            158          

      (3)  THE CIGARETTES OR OTHER TOBACCO PRODUCTS WERE SOLD,     160          

GIVEN AWAY, OR OTHERWISE DISTRIBUTED TO THE CARD HOLDER IN         161          

REASONABLE RELIANCE UPON THE IDENTIFICATION PRESENTED AND THE      163          

                                                          5      


                                                                 
COMPLETED TRANSACTION SCAN.                                                     

      (B)  IN DETERMINING WHETHER A SELLER OR AN AGENT OR          165          

EMPLOYEE OF A SELLER HAS PROVEN THE AFFIRMATIVE DEFENSE PROVIDED   166          

BY DIVISION (A) OF THIS SECTION, THE TRIER OF FACT IN THE ACTION   168          

FOR THE ALLEGED VIOLATION OF SECTION 2927.02 OF THE REVISED CODE   169          

SHALL CONSIDER ANY WRITTEN POLICY THAT THE SELLER HAS ADOPTED AND  170          

IMPLEMENTED AND THAT IS INTENDED TO PREVENT VIOLATIONS OF SECTION  171          

2927.02 OF THE REVISED CODE.  FOR PURPOSES OF DIVISION (A)(3) OF   172          

THIS SECTION, THE TRIER OF FACT SHALL CONSIDER THAT REASONABLE     173          

RELIANCE UPON THE IDENTIFICATION PRESENTED AND THE COMPLETED       174          

TRANSACTION SCAN MAY REQUIRE A SELLER OR AN AGENT OR EMPLOYEE OF                

A SELLER TO EXERCISE REASONABLE DILIGENCE TO DETERMINE, AND THAT   175          

THE USE OF A TRANSACTION SCAN DEVICE DOES NOT EXCUSE A SELLER OR   176          

AN AGENT OR EMPLOYEE OF A SELLER FROM EXERCISING REASONABLE        177          

DILIGENCE TO DETERMINE, THE FOLLOWING:                                          

      (1)  WHETHER A PERSON TO WHOM THE SELLER OR AGENT OR         179          

EMPLOYEE OF A SELLER SELLS, GIVES AWAY, OR OTHERWISE DISTRIBUTES   180          

CIGARETTES OR OTHER TOBACCO PRODUCTS IS EIGHTEEN YEARS OF AGE OR   182          

OLDER;                                                                          

      (2)  WHETHER THE DESCRIPTION AND PICTURE APPEARING ON THE    184          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD     185          

PRESENTED BY A CARD HOLDER IS THAT OF THE CARD HOLDER.             186          

      (C)  THE AFFIRMATIVE DEFENSE PROVIDED BY DIVISION (A) OF     188          

THIS SECTION DOES NOT APPLY IN ANY CIVIL ACTION OR IN ANY          190          

CRIMINAL ACTION OTHER THAN ONE INVOLVING AN ALLEGED VIOLATION OF   191          

SECTION 2927.02 OF THE REVISED CODE.                                            

      (D)  IN ANY CRIMINAL ACTION IN WHICH THE AFFIRMATIVE         194          

DEFENSE PROVIDED BY DIVISION (A) OF THIS SECTION IS RAISED, THE    195          

REGISTRAR OF MOTOR VEHICLES OR A DEPUTY REGISTRAR WHO ISSUED AN    196          

IDENTIFICATION CARD UNDER SECTIONS 4507.50 TO 4507.52 OF THE       198          

REVISED CODE SHALL BE PERMITTED TO SUBMIT CERTIFIED COPIES OF THE  199          

RECORDS, IN THE REGISTRAR'S OR DEPUTY REGISTRAR'S POSSESSION, OF   200          

THAT ISSUANCE IN LIEU OF THE TESTIMONY OF THE PERSONNEL OF THE     201          

BUREAU OF MOTOR VEHICLES IN THE ACTION.                                         

                                                          6      


                                                                 
      Sec. 4301.61.  (A)  AS USED IN THIS SECTION AND SECTION      203          

4301.611 OF THE REVISED CODE:                                      204          

      (1)  "CARD HOLDER" MEANS ANY PERSON WHO PRESENTS A DRIVER'S  206          

OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD TO A      207          

PERMIT HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER FOR       208          

EITHER OF THE PURPOSES LISTED IN DIVISION (A)(4)(a) OR (b) OF      210          

THIS SECTION.                                                                   

      (2)  "IDENTIFICATION CARD" MEANS AN IDENTIFICATION CARD      212          

ISSUED UNDER SECTIONS 4507.50 TO 4507.52 OF THE REVISED CODE.      213          

      (3)  "PERMIT HOLDER" MEANS THE HOLDER OF A PERMIT ISSUED     215          

UNDER CHAPTER 4303. OF THE REVISED CODE.                           217          

      (4)  "TRANSACTION SCAN" MEANS THE PROCESS BY WHICH A PERMIT  219          

HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER CHECKS, BY       220          

MEANS OF A TRANSACTION SCAN DEVICE, THE VALIDITY OF A DRIVER'S OR  221          

COMMERCIAL DRIVER'S LICENSE OR OF AN IDENTIFICATION CARD THAT IS   222          

PRESENTED AS A CONDITION FOR DOING EITHER OF THE FOLLOWING:        223          

      (a)  PURCHASING ANY BEER, INTOXICATING LIQUOR, OR            225          

LOW-ALCOHOL BEVERAGE;                                              226          

      (b)  GAINING ADMISSION TO A PREMISES THAT HAS BEEN ISSUED A  228          

LIQUOR PERMIT AUTHORIZING THE SALE OF BEER OR INTOXICATING LIQUOR  230          

FOR CONSUMPTION ON THE PREMISES WHERE SOLD, AND WHERE ADMISSION    232          

IS RESTRICTED TO PERSONS TWENTY-ONE YEARS OF AGE OR OLDER.         233          

      (5)  "TRANSACTION SCAN DEVICE" MEANS ANY COMMERCIAL DEVICE   235          

OR COMBINATION OF DEVICES USED AT A POINT OF SALE OR ENTRY THAT    236          

IS CAPABLE OF DECIPHERING IN AN ELECTRONICALLY READABLE FORMAT     237          

THE INFORMATION ENCODED ON THE MAGNETIC STRIP OR BAR CODE OF A     238          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION       239          

CARD.                                                                           

      (B)(1)(a)  A PERMIT HOLDER OR AN AGENT OR EMPLOYEE OF A      242          

PERMIT HOLDER MAY PERFORM A TRANSACTION SCAN BY MEANS OF A         243          

TRANSACTION SCAN DEVICE TO CHECK THE VALIDITY OF A DRIVER'S OR     244          

COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD PRESENTED BY A  245          

CARD HOLDER FOR EITHER OF THE PURPOSES LISTED IN DIVISION          246          

(A)(4)(a) OR (b) OF THIS SECTION.                                  247          

                                                          7      


                                                                 
      (b)  IF THE INFORMATION DECIPHERED BY THE TRANSACTION SCAN   249          

PERFORMED UNDER DIVISION (B)(1)(a) OF THIS SECTION FAILS TO MATCH  252          

THE INFORMATION PRINTED ON THE DRIVER'S OR COMMERCIAL DRIVER'S                  

LICENSE OR IDENTIFICATION CARD PRESENTED BY THE CARD HOLDER, OR    254          

IF THE TRANSACTION SCAN INDICATES THAT THE INFORMATION SO PRINTED  255          

IS FALSE OR FRAUDULENT, NEITHER THE PERMIT HOLDER NOR ANY AGENT    256          

OR EMPLOYEE OF THE PERMIT HOLDER SHALL SELL ANY BEER,              257          

INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGE TO THE CARD HOLDER.                

      (2)  DIVISION (B)(1)(a) OF THIS SECTION DOES NOT PRECLUDE A  260          

PERMIT HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER FROM      261          

USING A SCANNING DEVICE TO CHECK THE VALIDITY OF A DOCUMENT OTHER  263          

THAN A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR AN               264          

IDENTIFICATION CARD, IF THE DOCUMENT INCLUDES A BAR CODE OR                     

MAGNETIC STRIP THAT MAY BE SCANNED BY THE SCANNING DEVICE, AS A    265          

CONDITION OF A SALE OF BEER, INTOXICATING LIQUOR, OR A             266          

LOW-ALCOHOL BEVERAGE OR OF GRANTING ADMISSION TO A PREMISES AS     267          

DESCRIBED IN DIVISION (A)(4) OF THIS SECTION.                      268          

      (C)  THE REGISTRAR OF MOTOR VEHICLES, WITH THE APPROVAL OF   270          

THE LIQUOR CONTROL COMMISSION, SHALL ADOPT, AND MAY AMEND OR       271          

RESCIND, RULES IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED      272          

CODE THAT DO BOTH OF THE FOLLOWING:                                274          

      (1)  GOVERN THE RECORDING AND MAINTENANCE OF INFORMATION     276          

DESCRIBED IN DIVISIONS (D)(1)(a) AND (b) OF THIS SECTION AND       278          

DIVISIONS (D)(1)(a) AND (b) OF SECTION 2927.021 OF THE REVISED     280          

CODE;                                                                           

      (2)  ENSURE QUALITY CONTROL IN THE USE OF TRANSACTION SCAN   282          

DEVICES UNDER THIS SECTION AND SECTIONS 2927.021, 2927.022, AND    283          

4301.611 OF THE REVISED CODE.                                      284          

      (D)(1)  NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT    286          

HOLDER SHALL ELECTRONICALLY OR MECHANICALLY RECORD OR MAINTAIN     287          

ANY INFORMATION DERIVED FROM A TRANSACTION SCAN EXCEPT THE         289          

FOLLOWING:                                                                      

      (a)  THE NAME AND DATE OF BIRTH OF THE PERSON LISTED ON THE  291          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD     292          

                                                          8      


                                                                 
PRESENTED BY A CARD HOLDER;                                        293          

      (b)  THE EXPIRATION DATE AND IDENTIFICATION NUMBER OF THE    295          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD     297          

PRESENTED BY A CARD HOLDER.                                        298          

      (2)  NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT       300          

HOLDER SHALL USE THE INFORMATION THAT IS DERIVED FROM A            301          

TRANSACTION SCAN OR THAT IS PERMITTED TO BE RECORDED AND           302          

MAINTAINED BY DIVISION (D)(1) OF THIS SECTION EXCEPT FOR PURPOSES  303          

OF SECTION 4301.611 OF THE REVISED CODE.                           304          

      (3)  NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT       306          

HOLDER SHALL USE A TRANSACTION SCAN DEVICE FOR A PURPOSE OTHER     307          

THAN A PURPOSE LISTED IN DIVISION (A)(4)(a) OR (b) OF THIS         309          

SECTION.                                                                        

      (4)  EXCEPT AS OTHERWISE PROVIDED IN DIVISION (D)(4) OF      311          

THIS SECTION, NO PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT    312          

HOLDER SHALL SELL OR OTHERWISE DISSEMINATE THE INFORMATION         313          

DERIVED FROM A TRANSACTION SCAN TO ANY THIRD PARTY, INCLUDING,     314          

BUT NOT LIMITED TO, SELLING OR OTHERWISE DISSEMINATING THAT        315          

INFORMATION FOR ANY MARKETING, ADVERTISING, OR PROMOTIONAL         316          

ACTIVITIES.  A PERMIT HOLDER OR AGENT OR EMPLOYEE OF A PERMIT      317          

HOLDER MAY RELEASE THAT INFORMATION PURSUANT TO A COURT ORDER OR   318          

AS SPECIFICALLY AUTHORIZED BY SECTION 4301.611 OR ANOTHER SECTION  319          

OF THE REVISED CODE.                                                            

      (E)  WHOEVER VIOLATES DIVISION (B)(1)(b) OR (D) OF THIS      322          

SECTION IS GUILTY OF ILLEGAL LIQUOR-RELATED TRANSACTION SCAN       323          

ACTIVITY, AND THE COURT MAY IMPOSE UPON THE OFFENDER A CIVIL       324          

PENALTY OF UP TO ONE THOUSAND DOLLARS FOR EACH VIOLATION.  THE     325          

CLERK OF THE COURT SHALL PAY EACH COLLECTED CIVIL PENALTY TO THE   326          

COUNTY TREASURER FOR DEPOSIT INTO THE COUNTY TREASURY.             327          

      Sec. 4301.611.  (A)  A PERMIT HOLDER OR AN AGENT OR          329          

EMPLOYEE OF A PERMIT HOLDER MAY NOT BE FOUND GUILTY OF A CHARGE    331          

OF A VIOLATION OF THIS CHAPTER OR ANY RULE OF THE LIQUOR CONTROL   333          

COMMISSION IN WHICH THE AGE OF A PURCHASER OF BEER, INTOXICATING   334          

LIQUOR, OR LOW-ALCOHOL BEVERAGE IS AN ELEMENT OF THE ALLEGED       335          

                                                          9      


                                                                 
VIOLATION, IF THE PERMIT HOLDER, AGENT, OR EMPLOYEE RAISES AND                  

PROVES AS AN AFFIRMATIVE DEFENSE THAT ALL OF THE FOLLOWING         336          

OCCURRED:                                                                       

      (1)  THE CARD HOLDER ATTEMPTING TO MAKE A PURCHASE OF BEER,  338          

INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGE PRESENTED A DRIVER'S  339          

OR COMMERCIAL DRIVER'S LICENSE OR AN IDENTIFICATION CARD.          341          

      (2)  A TRANSACTION SCAN OF THE DRIVER'S OR COMMERCIAL        343          

DRIVER'S LICENSE OR IDENTIFICATION CARD THAT THE CARD HOLDER       344          

PRESENTED INDICATED THAT THE LICENSE OR CARD WAS VALID.            345          

      (3)  THE BEER, INTOXICATING LIQUOR, OR LOW-ALCOHOL BEVERAGE  347          

WAS SOLD TO THE CARD HOLDER IN REASONABLE RELIANCE UPON THE        348          

IDENTIFICATION PRESENTED AND THE COMPLETED TRANSACTION SCAN.       349          

      (B)  IN DETERMINING WHETHER A PERMIT HOLDER OR AN AGENT OR   351          

EMPLOYEE OF A PERMIT HOLDER HAS PROVEN THE AFFIRMATIVE DEFENSE     352          

PROVIDED BY DIVISION (A) OF THIS SECTION, THE COMMISSION OR THE    355          

TRIER OF FACT IN A COURT OF RECORD SHALL CONSIDER ANY WRITTEN      356          

POLICY THAT THE PERMIT HOLDER HAS ADOPTED AND IMPLEMENTED AND      357          

THAT IS INTENDED TO PREVENT VIOLATIONS OF DIVISION (A)(1) OR (2)   359          

OF SECTION 4301.22 AND OF SECTIONS 4301.63 TO 4301.636, 4301.69,   360          

AND 4301.691 OF THE REVISED CODE.  FOR PURPOSES OF DIVISION        362          

(A)(3) OF THIS SECTION, THE COMMISSION OR TRIER OF FACT SHALL                   

CONSIDER THAT REASONABLE RELIANCE UPON THE IDENTIFICATION          363          

PRESENTED AND THE COMPLETED TRANSACTION SCAN MAY REQUIRE A PERMIT  364          

HOLDER OR AN AGENT OR EMPLOYEE OF A PERMIT HOLDER TO EXERCISE      365          

REASONABLE DILIGENCE TO DETERMINE, AND THAT THE USE OF A           366          

TRANSACTION SCAN DEVICE DOES NOT EXCUSE A PERMIT HOLDER OR AN      368          

AGENT OR EMPLOYEE OF A PERMIT HOLDER FROM EXERCISING REASONABLE    369          

DILIGENCE TO DETERMINE, THE FOLLOWING:                             370          

      (1)  WHETHER A PERSON TO WHOM THE PERMIT HOLDER OR AGENT OR  372          

EMPLOYEE OF A PERMIT HOLDER SELLS ANY BEER OR INTOXICATING LIQUOR  373          

IS TWENTY-ONE YEARS OF AGE OR OLDER OR SELLS ANY LOW-ALCOHOL       374          

BEVERAGE IS EIGHTEEN YEARS OF AGE OR OLDER;                        375          

      (2)  WHETHER THE DESCRIPTION AND PICTURE APPEARING ON THE    377          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR IDENTIFICATION CARD     378          

                                                          10     


                                                                 
PRESENTED BY A CARD HOLDER IS THAT OF THE CARD HOLDER.             379          

      (C)(1)  THE AFFIRMATIVE DEFENSE PROVIDED BY DIVISION (A) OF  382          

THIS SECTION IS IN ADDITION TO THE DEFENSE PROVIDED BY SECTION     383          

4301.639 OF THE REVISED CODE.                                      384          

      (2)  THE DEFENSE PROVIDED BY DIVISION (A) OF THIS SECTION    386          

DOES NOT APPLY IN ANY CIVIL ACTION OR IN ANY CRIMINAL ACTION       387          

OTHER THAN ONE REFERRED TO IN DIVISION (A) OF THIS SECTION.        388          

      (D)  IN ANY HEARING BEFORE THE COMMISSION AND IN ANY         390          

CRIMINAL ACTION IN WHICH THE AFFIRMATIVE DEFENSE PROVIDED BY       391          

DIVISION (A) OF THIS SECTION IS RAISED, THE REGISTRAR OF MOTOR     392          

VEHICLES OR A DEPUTY REGISTRAR WHO ISSUED AN IDENTIFICATION CARD   393          

UNDER SECTIONS 4507.50 TO 4507.52 OF THE REVISED CODE SHALL BE     396          

PERMITTED TO SUBMIT CERTIFIED COPIES OF THE RECORDS, IN THE        398          

REGISTRAR'S OR DEPUTY REGISTRAR'S POSSESSION, OF THAT ISSUANCE IN  399          

LIEU OF THE TESTIMONY OF THE PERSONNEL OF THE BUREAU OF MOTOR      400          

VEHICLES IN THE HEARING OR ACTION.                                              

      Sec. 4301.639.  (A)  No permit holder, his agent or          409          

employee OF A PERMIT HOLDER, or any other person may be found      411          

guilty of a violation of any section of this chapter or any rule   412          

of the liquor control commission in which age is an element of     414          

the offense, if the liquor control commission or any court of      415          

record finds all of the following:                                              

      (A)(1)  That the person buying, at the time of so doing,     417          

exhibited to the permit holder, his THE agent or employee OF THE   419          

PERMIT HOLDER, or the other person a driver's or commercial        421          

driver's license or an identification card issued under sections   422          

4507.50 to 4507.52 of the Revised Code showing that the person     423          

buying was then at least twenty-one years of age if he THE PERSON  424          

was buying beer as defined in section 4301.01 of the Revised Code  425          

or intoxicating liquor or that he THE PERSON was then at least     426          

eighteen years of age if he THE PERSON was buying any low-alcohol  427          

beverage;                                                                       

      (B)(2)  That the permit holder, his THE agent or employee    430          

OF THE PERMIT HOLDER, or the other person made a bona fide effort  432          

                                                          11     


                                                                 
to ascertain the true age of the person buying by checking the     433          

identification presented, at the time of the purchase, to          434          

ascertain that the description on the identification compared      435          

with the appearance of the buyer and that the identification       436          

presented had not been altered in any way;                                      

      (C)(3)  That the permit holder, his THE agent or employee    439          

OF THE PERMIT HOLDER, or the other person had reason to believe    441          

that the person buying was of legal age.                                        

      (B)  In any hearing before the liquor control commission     443          

and in any action or proceeding before a court of record in which  444          

a defense is raised under DIVISION (A) OF this section, the        445          

registrar of motor vehicles or his deputy REGISTRAR who issued an  447          

identification card under sections 4507.50 to 4507.52 of the       449          

Revised Code shall be permitted to submit certified copies of the  450          

records, in his THE REGISTRAR'S OR DEPUTY'S possession, of such    451          

THAT issuance in lieu of the testimony of the personnel of the     453          

bureau of motor vehicles at such THE hearing, action, or           455          

proceeding.                                                                     

      (C)  THE DEFENSE PROVIDED BY DIVISION (A) OF THIS SECTION    457          

IS IN ADDITION TO THE AFFIRMATIVE DEFENSE PROVIDED BY SECTION      458          

4301.611 OF THE REVISED CODE.                                                   

      Sec. 5733.50.  (A)  AS USED IN THIS SECTION, "TRANSACTION    460          

SCAN DEVICE" HAS THE SAME MEANING AS IN SECTION 4301.61 OF THE     461          

REVISED CODE.                                                      462          

      (B)  A NONREFUNDABLE CREDIT IS ALLOWED AGAINST THE TAX       464          

IMPOSED BY SECTION 5733.06 OF THE REVISED CODE FOR A TAXPAYER      465          

THAT, FOR TAXABLE YEAR 2000 OR THEREAFTER, PURCHASES OR LEASES A   466          

TRANSACTION SCAN DEVICE THAT THE TAXPAYER LOCATES AND USES IN      467          

THIS STATE FOR ANY OF THE PURPOSES DESCRIBED IN SECTION 2927.021,  468          

2927.022, 4301.61, OR 4301.611 OF THE REVISED CODE.  THE AMOUNT    470          

OF THE CREDIT EQUALS THE AMOUNT PAID BY THE TAXPAYER DURING THE    471          

TAXABLE YEAR TO PURCHASE OR LEASE A TRANSACTION SCAN DEVICE, NOT   473          

TO EXCEED THREE HUNDRED DOLLARS FOR EACH DEVICE.  THE CREDIT MAY   474          

BE CLAIMED ONLY FOR THE TAXABLE YEAR IN WHICH A TRANSACTION SCAN   475          

                                                          12     


                                                                 
DEVICE IS PURCHASED OR FIRST LEASED.  A TAXPAYER SHALL CLAIM THE   476          

CREDIT IN THE ORDER REQUIRED BY SECTION 5733.98 OF THE REVISED     478          

CODE.                                                                           

      (C)  THE TAX COMMISSIONER MAY REQUIRE A TAXPAYER TO FURNISH  480          

ANY INFORMATION NECESSARY TO SUPPORT A CLAIM FOR CREDIT UNDER      481          

THIS SECTION, AND NO CREDIT SHALL BE ALLOWED UNLESS THAT           482          

INFORMATION IS PROVIDED.                                           483          

      Sec. 5733.98.  (A)  To provide a uniform procedure for       492          

calculating the amount of tax imposed by section 5733.06 of the    493          

Revised Code that is due under this chapter, a taxpayer shall      495          

claim any credits to which it is entitled in the following order,               

except as otherwise provided in section 5733.058 of the Revised    496          

Code:                                                                           

      (1)  The credit for taxes paid by a qualifying pass-through  498          

entity allowed under section 5733.0611 of the Revised Code;        499          

      (2)  The credit for qualifying affiliated groups under       501          

section 5733.068 of the Revised Code;                              502          

      (3)  The subsidiary corporation credit under section         504          

5733.067 of the Revised Code;                                      505          

      (4)  The savings and loan assessment credit under section    507          

5733.063 of the Revised Code;                                      508          

      (5)  The credit for recycling and litter prevention          510          

donations under section 5733.064 of the Revised Code;              512          

      (6)  The credit for employers that enter into agreements     515          

with child day-care centers under section 5733.36 of the Revised   516          

Code;                                                                           

      (7)  The credit for employers that reimburse employee child  518          

day-care expenses under section 5733.38 of the Revised Code;       520          

      (8)  THE CREDIT FOR TRANSACTION SCAN DEVICES UNDER SECTION   522          

5733.50 OF THE REVISED CODE;                                                    

      (9)  The credit for maintaining railroad active grade        524          

crossing warning devices under section 5733.43 of the Revised      526          

Code;                                                                           

      (9)(10)  The credit for manufacturing investments under      528          

                                                          13     


                                                                 
section 5733.061 of the Revised Code;                              530          

      (10)(11)  The credit for purchases of new manufacturing      532          

machinery and equipment under section 5733.31 or section 5733.311  533          

of the Revised Code;                                               534          

      (11)(12)  The second credit for purchases of new             536          

manufacturing machinery and equipment under section 5733.33 of     538          

the Revised Code;                                                               

      (12)(13)  The job training credit under section 5733.42 of   540          

the Revised Code;                                                  542          

      (13)(14)  The credit for qualified research expenses under   544          

section 5733.351 of the Revised Code;                              546          

      (14)(15)  The enterprise zone credit under section 5709.66   548          

of the Revised Code;                                               549          

      (15)(16)  The credit for the eligible costs associated with  551          

a voluntary action under section 5733.34 of the Revised Code;      553          

      (16)(17)  The credit for employers that establish on-site    555          

child day-care under section 5733.37 of the Revised Code;          557          

      (17)(18)  The credit for purchases of qualifying grape       559          

production property under section 5733.32 of the Revised Code;     560          

      (18)(19)  The export sales credit under section 5733.069 of  562          

the Revised Code;                                                  563          

      (19)(20)  The credit for research and development and        565          

technology transfer investors under section 5733.35 of the         566          

Revised Code;                                                                   

      (20)(21)  The enterprise zone credits under section 5709.65  568          

of the Revised Code;                                               569          

      (21)(22)  The credit for using Ohio coal under section       571          

5733.39 of the Revised Code;                                       573          

      (19)(23)  The refundable jobs creation credit under section  575          

5733.0610 of the Revised Code.                                     576          

      (B)  For any credit except the refundable jobs creation      578          

credit, the amount of the credit for a tax year shall not exceed   579          

the tax due after allowing for any other credit that precedes it   580          

in the order required under this section.  Any excess amount of a  581          

                                                          14     


                                                                 
particular credit may be carried forward if authorized under the   582          

section creating that credit.                                      583          

      Sec. 5747.38.  (A)  AS USED IN THIS SECTION, "TRANSACTION    585          

SCAN DEVICE" HAS THE SAME MEANING AS IN SECTION 4301.61 OF THE     586          

REVISED CODE.                                                      587          

      (B)  A NONREFUNDABLE CREDIT IS ALLOWED AGAINST THE TAX       589          

IMPOSED BY SECTION 5747.02 OF THE REVISED CODE FOR A TAXPAYER      590          

THAT, FOR TAXABLE YEAR 2000 OR THEREAFTER, PURCHASES OR LEASES A   591          

TRANSACTION SCAN DEVICE THAT THE TAXPAYER LOCATES AND USES IN      592          

THIS STATE FOR ANY OF THE PURPOSES DESCRIBED IN SECTION 2927.021,  593          

2927.022, 4301.61, OR 4301.611 OF THE REVISED CODE.  THE AMOUNT    595          

OF THE CREDIT EQUALS THE AMOUNT PAID BY THE TAXPAYER DURING THE    596          

TAXABLE YEAR TO PURCHASE OR LEASE A TRANSACTION SCAN DEVICE, NOT   598          

TO EXCEED THREE HUNDRED DOLLARS FOR EACH DEVICE.  THE CREDIT MAY   599          

BE CLAIMED ONLY FOR THE TAXABLE YEAR IN WHICH A TRANSACTION SCAN   600          

DEVICE IS PURCHASED OR FIRST LEASED.  A TAXPAYER SHALL CLAIM THE   601          

CREDIT IN THE ORDER REQUIRED BY SECTION 5747.98 OF THE REVISED     603          

CODE.                                                                           

      (C)  THE TAX COMMISSIONER MAY REQUIRE A TAXPAYER TO FURNISH  605          

ANY INFORMATION NECESSARY TO SUPPORT A CLAIM FOR CREDIT UNDER      606          

THIS SECTION, AND NO CREDIT SHALL BE ALLOWED UNLESS THAT           607          

INFORMATION IS PROVIDED.                                           608          

      Sec. 5747.98.  (A)  To provide a uniform procedure for       617          

calculating the amount of tax due under section 5747.02 of the     618          

Revised Code, a taxpayer shall claim any credits to which the      619          

taxpayer is entitled in the following order:                       621          

      (1)  The retirement income credit under division (B) of      623          

section 5747.055 of the Revised Code;                              624          

      (2)  The senior citizen credit under division (C) of         626          

section 5747.05 of the Revised Code;                               627          

      (3)  The lump sum distribution credit under division (D) of  629          

section 5747.05 of the Revised Code;                               630          

      (4)  The dependent care credit under section 5747.054 of     632          

the Revised Code;                                                  633          

                                                          15     


                                                                 
      (5)  The lump sum retirement income credit under division    635          

(C) of section 5747.055 of the Revised Code;                       636          

      (6)  The lump sum retirement income credit under division    638          

(D) of section 5747.055 of the Revised Code;                       639          

      (7)  The lump sum retirement income credit under division    641          

(E) of section 5747.055 of the Revised Code;                       642          

      (8)  The credit for displaced workers who pay for job        644          

training under section 5747.27 of the Revised Code;                645          

      (9)  The campaign contribution credit under section 5747.29  648          

of the Revised Code;                                               650          

      (10)  The twenty-dollar personal exemption credit under      652          

section 5747.022 of the Revised Code;                              653          

      (11)  The joint filing credit under division (G) of section  656          

5747.05 of the Revised Code;                                                    

      (12)  The nonresident credit under division (A) of section   659          

5747.05 of the Revised Code;                                                    

      (13)  The credit for a resident's out-of-state income under  662          

division (B) of section 5747.05 of the Revised Code;                            

      (14)  The credit for employers that enter into agreements    665          

with child day-care centers under section 5747.34 of the Revised   666          

Code;                                                                           

      (15)  The credit for employers that reimburse employee       668          

child day-care expenses under section 5747.36 of the Revised       670          

Code;                                                                           

      (16)  The credit for adoption of a minor child under         672          

section 5747.37 of the Revised Code;                               673          

      (17)  THE CREDIT FOR TRANSACTION SCAN DEVICES UNDER SECTION  675          

5747.38 OF THE REVISED CODE;                                                    

      (18)  The credit for manufacturing investments under         677          

section 5747.051 of the Revised Code;                              678          

      (18)(19)  The credit for purchases of new manufacturing      680          

machinery and equipment under section 5747.26 or section 5747.261  682          

of the Revised Code;                                                            

      (19)(20)  The second credit for purchases of new             684          

                                                          16     


                                                                 
manufacturing machinery and equipment and the credit for using     686          

Ohio coal under section 5747.31 of the Revised Code;               687          

      (20)(21)  The enterprise zone credit under section 5709.66   689          

of the Revised Code;                                               690          

      (21)(22)  The credit for the eligible costs associated with  692          

a voluntary action under section 5747.32 of the Revised Code;      694          

      (22)(23)  The credit for employers that establish on-site    697          

child day-care centers under section 5747.35 of the Revised Code;  698          

      (23)(24)  The credit for purchases of qualifying grape       700          

production property under section 5747.28 of the Revised Code;     701          

      (24)(25)  The export sales credit under section 5747.057 of  703          

the Revised Code;                                                  704          

      (25)(26)  The credit for research and development and        706          

technology transfer investors under section 5747.33 of the         707          

Revised Code;                                                                   

      (26)(27)  The enterprise zone credits under section 5709.65  710          

of the Revised Code;                                                            

      (27)(28)  The refundable jobs creation credit under section  713          

5747.058 of the Revised Code;                                                   

      (28)(29)  The refundable credit for taxes paid by a          715          

qualifying entity granted under section 5747.059 of the Revised    716          

Code;                                                                           

      (29)(30)  The refundable credits for taxes paid by a         718          

qualifying pass-through entity granted under division (J) of       721          

section 5747.08 of the Revised Code.                                            

      (B)  For any credit, except the refundable credits           723          

enumerated in divisions (A)(27), (28), and (29), AND (30) of this  725          

section and the credit granted under division (I) of section       727          

5747.08 of the Revised Code, the amount of the credit for a        729          

taxable year shall not exceed the tax due after allowing for any   730          

other credit that precedes it in the order required under this     731          

section.  Any excess amount of a particular credit may be carried  732          

forward if authorized under the section creating that credit.      733          

Nothing in this chapter shall be construed to allow a taxpayer to  734          

                                                          17     


                                                                 
claim, directly or indirectly, a credit more than once for a       735          

taxable year.                                                                   

      Section 2.  That existing sections 4301.639, 5733.98, and    737          

5747.98 of the Revised Code are hereby repealed.                   738          

      Section 3.  Section 5733.98 of the Revised Code is           740          

presented in this act as a composite of the section as amended by  741          

both Am. Sub. H.B. 283 and Am. Sub. S.B. 3 of the 123rd General    742          

Assembly, with the new language of neither of the acts shown in    743          

capital letters.  Section 5747.98 of the Revised Code is                        

presented in this act as a composite of the section as amended by  745          

both Am. Sub. S.B. 3 and Am. S.B. 4 of the 123rd General           746          

Assembly, with the new language of neither of the acts shown in    747          

capital letters.  This is in recognition of the principle stated   748          

in division (B) of section 1.52 of the Revised Code that such      749          

amendments are to be harmonized where not substantively            750          

irreconcilable and constitutes a legislative finding that such     751          

are the resulting versions in effect prior to the effective date   752          

of this act.