Sub. S. B. No. 223 As Reported by the Senate Insurance, Commerce and Labor Committee

Senators Niehaus, Schuring, Spada, Mumper, Jacobson, Clancy

A BILL

To amend sections 121.04, 121.08, 169.01, 169.13, and 1
169.99 and to enact sections 169.14, 169.16, and 2
169.17 of the Revised Code to statutorily 3
recognize the Division of Unclaimed Funds and the 4
Office of Superintendent of Unclaimed Funds in the 5
Department of Commerce and to require the 6
registration of persons who, for compensation, 7
agree to locate or recover the unclaimed funds of 8
another. 9

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

       Section 1. That sections 121.04, 121.08, 169.01, 169.13, and 10
169.99 be amended and sections 169.14, 169.16, and 169.17 of the 11
Revised Code be enacted to read as follows: 12

       Sec. 121.04. Offices are created within the several 13
departments as follows: 14

       In the department of commerce: 15

Commissioner of securities; 16

Superintendent of real estate and professional licensing; 17

Superintendent of financial institutions; 18

Fire marshal; 19

Superintendent of labor and worker safety; 20

~~Beginning on July 1, 1997,~~ 21

Superintendent of liquor control; 22

Superintendent of industrial compliance; 23
Superintendent of unclaimed funds. 24

       In the department of administrative services: 25

State architect and engineer; 26

Equal employment opportunity coordinator. 27

       In the department of agriculture: 28

       Chiefs of divisions as follows: 29

Administration; 30

Animal industry; 31

Dairy; 32

Food safety; 33

Plant industry; 34

Markets; 35

Meat inspection; 36

Consumer analytical laboratory; 37

Amusement ride safety; 38

Enforcement; 39

Weights and measures. 40

       In the department of natural resources: 41

       Chiefs of divisions as follows: 42

Water; 43

Mineral resources management; 44

Forestry; 45

Natural areas and preserves; 46

Wildlife; 47

Geological survey; 48

Parks and recreation; 49

Watercraft; 50

Recycling and litter prevention; 51

Soil and water conservation; 52

Real estate and land management; 53

Engineering. 54

       In the department of insurance: 55

Deputy superintendent of insurance; 56

Assistant superintendent of insurance, technical; 57

Assistant superintendent of insurance, administrative; 58

Assistant superintendent of insurance, research. 59

       Sec. 121.08. (A) There is hereby created in the department 60
of commerce the position of deputy director of administration. 61
This officer shall be appointed by the director of commerce, serve 62
under the director's direction, supervision, and control, perform 63
the duties the director prescribes, and hold office during the 64
director's pleasure. The director of commerce may designate an 65
assistant director of commerce to serve as the deputy director of 66
administration. The deputy director of administration shall 67
perform the duties prescribed by the director of commerce in 68
supervising the activities of the division of administration of 69
the department of commerce. 70

       (B) Except as provided in section 121.07 of the Revised Code, 71
the department of commerce shall have all powers and perform all 72
duties vested in the deputy director of administration, the state 73
fire marshal, the superintendent of financial institutions, the 74
superintendent of real estate and professional licensing, the 75
superintendent of liquor control, the superintendent of ~~the~~ 76
~~division of~~ industrial compliance, the superintendent of labor and 77
worker safety, the superintendent of unclaimed funds, and the 78
commissioner of securities, and shall have all powers and perform 79
all duties vested by law in all officers, deputies, and employees 80
of those offices. Except as provided in section 121.07 of the 81
Revised Code, wherever powers are conferred or duties imposed upon 82
any of those officers, the powers and duties shall be construed as 83
vested in the department of commerce. 84

       (C)(1) There is hereby created in the department of commerce 85
a division of financial institutions, which shall have all powers 86
and perform all duties vested by law in the superintendent of 87
financial institutions. Wherever powers are conferred or duties 88
imposed upon the superintendent of financial institutions, those 89
powers and duties shall be construed as vested in the division of 90
financial institutions. The division of financial institutions 91
shall be administered by athe superintendent of financial 92
institutions. 93

       (2) All provisions of law governing the superintendent of 94
financial institutions shall apply to and govern the 95
superintendent of financial institutions provided for in this 96
section; all authority vested by law in the superintendent of 97
financial institutions with respect to the management of the 98
division of financial institutions shall be construed as vested in 99
the superintendent of financial institutions created by this 100
section with respect to the division of financial institutions 101
provided for in this section; and all rights, privileges, and 102
emoluments conferred by law upon the superintendent of financial 103
institutions shall be construed as conferred upon the 104
superintendent of financial institutions as head of the division 105
of financial institutions. The director of commerce shall not 106
transfer from the division of financial institutions any of the 107
functions specified in division (C)(2) of this section. 108

       (D) There is hereby created in the department of commerce a 109
division of liquor control, which shall have all powers and 110
perform all duties vested by law in the superintendent of liquor 111
control. Wherever powers are conferred or duties are imposed upon 112
the superintendent of liquor control, those powers and duties 113
shall be construed as vested in the division of liquor control. 114
The division of liquor control shall be administered by athe 115
superintendent of liquor control. 116

       (E) The director of commerce shall not be interested, 117
directly or indirectly, in any firm or corporation which is a 118
dealer in securities as defined in sections 1707.01 and 1707.14 of 119
the Revised Code, or in any firm or corporation licensed under 120
sections 1321.01 to 1321.19 of the Revised Code. 121

       (F) The director of commerce shall not have any official 122
connection with a savings and loan association, a savings bank, a 123
bank, a bank holding company, a savings and loan association 124
holding company, a consumer finance company, or a credit union 125
that is under the supervision of the division of financial 126
institutions, or a subsidiary of any of the preceding entities, or 127
be interested in the business thereof. 128

       (G) There is hereby created in the state treasury the 129
division of administration fund. The fund shall receive 130
assessments on the operating funds of the department of commerce 131
in accordance with procedures prescribed by the director of 132
commerce and approved by the director of budget and management. 133
All operating expenses of the division of administration shall be 134
paid from the division of administration fund. 135

       (H) There is hereby created in the department of commerce a 136
division of real estate and professional licensing, which shall be 137
under the control and supervision of the director of commerce. The 138
division of real estate and professional licensing shall be 139
administered by athe superintendent of real estate and 140
professional licensing. The superintendent of real estate and 141
professional licensing shall exercise the powers and perform the 142
functions and duties delegated to the superintendent under 143
Chapters 4735., 4763., and 4767. of the Revised Code. 144

       (I) There is hereby created in the department of commerce a 145
division of labor and worker safety, which shall have all powers 146
and perform all duties vested by law in the superintendent of 147
labor and worker safety. Wherever powers are conferred or duties 148
imposed upon the superintendent of labor and worker safety, those 149
powers and duties shall be construed as vested in the division of 150
labor and worker safety. The division of labor and worker safety 151
shall be under the control and supervision of the director of 152
commerce and be administered by athe superintendent of labor and 153
worker safety. The superintendent of labor and worker safety shall 154
exercise the powers and perform the duties delegated to the 155
superintendent by the director under Chapters 4109., 4111., and 156
4115. of the Revised Code. 157

       (J) There is hereby created in the department of commerce a 158
division of unclaimed funds, which shall have all powers and 159
perform all duties delegated to or vested by law in the 160
superintendent of unclaimed funds. Wherever powers are conferred 161
or duties imposed upon the superintendent of unclaimed funds, 162
those powers and duties shall be construed as vested in the 163
division of unclaimed funds. The division of unclaimed funds shall 164
be under the control and supervision of the director of commerce 165
and shall be administered by the superintendent of unclaimed 166
funds. The superintendent of unclaimed funds shall exercise the 167
powers and perform the functions and duties delegated to the 168
superintendent by the director of commerce under section 121.07 169
and Chapter 169. of the Revised Code, and as may otherwise be 170
provided by law. 171

       (K) The department of commerce or a division of the 172
department created by the Revised Code that is acting with 173
authorization on the department's behalf may request from the 174
bureau of criminal identification and investigation pursuant to 175
section 109.572 of the Revised Code, or coordinate with 176
appropriate federal, state, and local government agencies to 177
accomplish, criminal records checks for the persons whose 178
identities are required to be disclosed by an applicant for the 179
issuance or transfer of a permit, license, certificate of 180
registration, or certification issued or transferred by the 181
department or division. At or before the time of making a request 182
for a criminal records check, the department or division may 183
require any person whose identity is required to be disclosed by 184
an applicant for the issuance or transfer of such a license, 185
permit, certificate of registration, or certification to submit to 186
the department or division valid fingerprint impressions in a 187
format and by any media or means acceptable to the bureau of 188
criminal identification and investigation and, when applicable, 189
the federal bureau of investigation. The department or division 190
may cause the bureau of criminal identification and investigation 191
to conduct a criminal records check through the federal bureau of 192
investigation only if the person for whom the criminal records 193
check would be conducted resides or works outside of this state or 194
has resided or worked outside of this state during the preceding 195
five years, or if a criminal records check conducted by the bureau 196
of criminal identification and investigation within this state 197
indicates that the person may have a criminal record outside of 198
this state. 199

        In the case of a criminal records check under section 109.572 200
of the Revised Code, the department or division shall forward to 201
the bureau of criminal identification and investigation the 202
requisite form, fingerprint impressions, and fee described in 203
division (C) of that section. When requested by the department or 204
division in accordance with this section, the bureau of criminal 205
identification and investigation shall request from the federal 206
bureau of investigation any information it has with respect to the 207
person who is the subject of the requested criminal records check 208
and shall forward the requisite fingerprint impressions and 209
information to the federal bureau of investigation for that 210
criminal records check. After conducting a criminal records check 211
or receiving the results of a criminal records check from the 212
federal bureau of investigation, the bureau of criminal 213
identification and investigation shall provide the results to the 214
department or division. 215

        The department or division may require any person about whom 216
a criminal records check is requested to pay to the department or 217
division the amount necessary to cover the fee charged to the 218
department or division by the bureau of criminal identification 219
and investigation under division (C)(3) of section 109.572 of the 220
Revised Code, including, when applicable, any fee for a criminal 221
records check conducted by the federal bureau of investigation. 222

       Sec. 169.01. As used in this chapter, unless the context 223
otherwise requires: 224

       (A) "Financial organization" means any bank, trust company, 225
savings bank, safe deposit company, mutual savings bank without 226
mutual stock, savings and loan association, credit union, or 227
investment company. 228

       (B)(1) "Unclaimed funds" means any moneys, rights to moneys, 229
or intangible property, described in section 169.02 of the Revised 230
Code, when, as shown by the records of the holder, the owner has 231
not, within the times provided in section 169.02 of the Revised 232
Code, done any of the following: 233

       (a) Increased, decreased, or adjusted the amount of such 234
funds; 235

       (b) Assigned, paid premiums, or encumbered such funds; 236

       (c) Presented an appropriate record for the crediting of such 237
funds or received payment of such funds by check, draft, or 238
otherwise; 239

       (d) Corresponded with the holder concerning such funds; 240

       (e) Otherwise indicated an interest in or knowledge of such 241
funds; 242

       (f) Transacted business with the holder. 243

       (2) "Unclaimed funds" does not include any of the following: 244

       (a) Money received or collected under section 9.39 of the 245
Revised Code; 246

       (b) Any payment or credit due to a business association from 247
a business association representing sums payable to suppliers, or 248
payment for services rendered, in the course of business, 249
including, but not limited to, checks or memoranda, overpayments, 250
unidentified remittances, nonrefunded overcharges, discounts, 251
refunds, and rebates; 252

       (c) Any payment or credit received by a business association 253
from a business association for tangible goods sold, or services 254
performed, in the course of business, including, but not limited 255
to, checks or memoranda, overpayments, unidentified remittances, 256
nonrefunded overcharges, discounts, refunds, and rebates; 257

       (d) Any credit due a retail customer that is represented by a 258
gift certificate, gift card, merchandise credit, or merchandise 259
credit card, redeemable only for merchandise. 260

       For purposes of divisions (B)(2)(b) and (c) of this section, 261
"business association" means any corporation, joint venture, 262
business trust, limited liability company, partnership, 263
association, or other business entity composed of one or more 264
individuals, whether or not the entity is for profit. 265

       (C) "Owner" means any person, or the person's legal 266
representative, entitled to receive or having a legal or equitable 267
interest in or claim against moneys, rights to moneys, or other 268
intangible property, subject to this chapter. 269

       (D)(1) "Holder" means any person that has possession, 270
custody, or control of moneys, rights to moneys, or other 271
intangible property, or that is indebted to another, if any of the 272
following applies: 273

       (a) Such person resides in this state; 274

       (b) Such person is formed under the laws of this state; 275

       (c) Such person is formed under the laws of the United States 276
and has an office or principal place of business in this state; 277

       (d) The records of such person indicate that the last known 278
address of the owner of such moneys, rights to moneys, or other 279
intangible property is in this state; 280

       (e) The records of such person do not indicate the last known 281
address of the owner of the moneys, rights to moneys, or other 282
intangible property and the entity originating or issuing the 283
moneys, rights to moneys, or other intangible property is this 284
state or any political subdivision of this state, or is 285
incorporated, organized, created, or otherwise located in this 286
state. Division (D)(1)(e) of this section applies to all moneys, 287
rights to moneys, or other intangible property that is in the 288
possession, custody, or control of such person on or after July 289
22, 1994, whether the moneys, rights to moneys, or other 290
intangible property becomes unclaimed funds prior to or on or 291
after that date. 292

       (2) "Holder" does not mean any hospital granted tax-exempt 293
status under section 501(c)(3) of the Internal Revenue Code or any 294
hospital owned or operated by the state or by any political 295
subdivision. Any entity in order to be exempt from the definition 296
of "holder" pursuant to this division shall make a reasonable, 297
good-faith effort to contact the owner of the unclaimed funds. 298

       (E) "Person" includes a natural person; corporation, whether 299
for profit or not for profit; copartnership; unincorporated 300
association or organization; public authority; estate; trust; two 301
or more persons having a joint or common interest; eleemosynary 302
organization; fraternal or cooperative association; other legal or 303
community entity; the United States government, including any 304
district, territory, possession, officer, agency, department, 305
authority, instrumentality, board, bureau, or court; or any state 306
or political subdivision thereof, including any officer, agency, 307
board, bureau, commission, division, department, authority, court, 308
or instrumentality. 309

       (F) "Mortgage funds" means the mortgage insurance fund 310
created by section 122.561 of the Revised Code, and the housing 311
guarantee fund created by division (D) of section 128.11 of the 312
Revised Code. 313

       (G) "Lawful claims" means any vested right a holder of 314
unclaimed funds has against the owner of such unclaimed funds. 315

       (H) "Public utility" means any entity defined as such by 316
division (A) of section 745.01 or by section 4905.02 of the 317
Revised Code. 318

       (I) "Deposit" means to place money in the custody of a 319
financial organization for the purpose of establishing an 320
income-bearing account by purchase or otherwise. 321

       (J) "Income-bearing account" means a time or savings account, 322
whether or not evidenced by a certificate of deposit, or an 323
investment account through which investments are made solely in 324
obligations of the United States or its agencies or 325
instrumentalities or guaranteed as to principal and interest by 326
the United States or its agencies or instrumentalities, debt 327
securities rated as investment grade by at least two nationally 328
recognized rating services, debt securities which the director of 329
commerce has determined to have been issued for the safety and 330
welfare of the residents of this state, and equity interests in 331
mutual funds that invest solely in some or all of the above-listed 332
securities and involve no general liability, without regard to 333
whether income earned on such accounts, securities, or interests 334
is paid periodically or at the end of a term. 335

       (K) "Director of commerce" may be read as the "division of 336
unclaimed funds" or the "superintendent of unclaimed funds." 337

       Sec. 169.13. (A)(1) All agreements to pay a fee, 338
compensation, commission, or other remuneration to locate, 339
deliver, recover, or assist in the recovery of unclaimed funds 340
reported under section 169.03 of the Revised Code, entered into 341
within two years immediately after the date a report is filed 342
under division (C) of section 169.03 of the Revised Code, are 343
invalid. 344

       (2) A person interested in entering into an agreement to 345
locate, deliver, recover, or assist in the recovery of unclaimed 346
funds for remuneration shall not initiate any contact with an 347
owner during the two-year period immediately after the date a 348
report is filed under division (C) of section 169.03 of the 349
Revised Code. Failure to comply with this requirement is grounds 350
for the invalidation of any such agreement between the person and 351
the owner. 352

       (B) An agreement entered into any time after such two-year 353
period is valid only if ~~both~~all of the following conditions are 354
met: 355

       (1) The aggregate fee, compensation, commission, or other 356
remuneration agreed upon, paid directly or indirectly, is not in 357
excess of ten per cent of the amount recovered and paid to the 358
owner by the auditor of state; 359

       (2) The agreement is in writing, signed by the owner, and 360
notarized and discloses all of the following items: 361

       (a) The name and address of the owner, as shown by the 362
records of the person or entity in possession of the property; 363

       (b) The nature and value of the property; 364

       ~~(b)~~(c) The amount the owner will receive after the fee or 365
compensation has been subtracted; 366

       ~~(c)~~(d) The name and address of the person or entity in 367
possession of the property; 368

       (e) That the person agreeing to locate, deliver, recover, or 369
assist in the recovery of the property is not an employee or agent 370
of the director of commerce; 371

        (f) That the director is not a party to the agreement; 372

        (g) That the person agreeing to locate, deliver, recover, or 373
assist in the recovery of the property holds a valid certificate 374
of registration issued by the director under section 169.16 of the 375
Revised Code; 376

        (h) The number designated on that certificate of registration 377
and the date the certificate of registration expires. 378

       (3) If the agreement involves recovery of the contents of a 379
safe deposit box, the agreement stipulates that the person 380
receiving any fee, compensation, commission, or other remuneration 381
for engaging in any activity for the purpose of locating, 382
delivering, recovering, or assisting in the recovery of unclaimed 383
funds or other items stored in a safe deposit box on behalf of any 384
other person shall do all of the following: 385

        (a) Make arrangements to have an appraiser and the director 386
of commerce view the contents of the safe deposit box together, at 387
a time mutually agreeable to the appraiser and director; 388

       (b) State that the value of the property in the safe deposit 389
box is the amount established by the appraiser who viewed the safe 390
deposit box contents; 391

        (c) Base the fee, compensation, commission, or other 392
remuneration for locating, delivering, recovering, or assisting in 393
the recovery of unclaimed funds or other items stored in a safe 394
deposit box on the appraised value established by the appraiser 395
who viewed the safe deposit box contents. 396

       (C) No person shall receive a fee, compensation, commission, 397
or other remuneration, or engage in any activity for the purpose 398
of locating, delivering, recovering, or assisting in the recovery 399
of unclaimed funds, under an agreement that is invalid under this 400
section. 401

       (D) ~~Whoever violates division (C) of this section is guilty~~ 402
~~of a misdemeanor of the first degree for a first offense and of a~~ 403
~~felony of the fifth degree for each subsequent offense~~A person 404
who receives any fee, compensation, commission, or other 405
remuneration for engaging in any activity for the purpose of 406
locating, delivering, recovering, or assisting in the recovery of 407
unclaimed funds or other items stored in a safe deposit box on 408
behalf of any other person cannot function as an appraiser of the 409
contents of the safe deposit box for purposes of division (B)(3) 410
of this section. 411

       Sec. 169.14. (A) Each person that files a claim with the 412
director of commerce, pursuant to an agreement entered into under 413
section 169.13 of the Revised Code, shall include with that claim 414
the number designated on the certificate of registration that is 415
issued to the person under section 169.16 of the Revised Code. 416

        (B) The division of unclaimed funds shall not process any 417
claim described in division (A) of this section that does not 418
include the required certificate of registration number. 419

       Sec. 169.16. (A) No person, on behalf of any other person, 420
shall engage in any activity for the purpose of locating, 421
delivering, recovering, or assisting in the recovery of unclaimed 422
funds, and receive a fee, compensation, commission, or other 423
remuneration for such activity, without first having obtained a 424
certificate of registration from the director of commerce in 425
accordance with this section. 426

        (B) An application for a certificate of registration shall be 427
in writing and in the form prescribed by the director. The 428
application shall be accompanied by a recent full-face color 429
photograph of the applicant and notarized character reference 430
letters from two reputable character witnesses. The application 431
shall, at a minimum, provide all of the following: 432

        (1) The applicant's full name, home address, and work 433
address; 434

        (2) The name, address, and telephone number of the two 435
character witnesses who have provided the character reference 436
letters; 437

        (3) A statement that the applicant has not, during the 438
ten-year period immediately preceding the submission of the 439
application, violated division (A) of this section on or after the 440
effective date of this section, or division (C) of section 169.13 441
of the Revised Code, or been convicted of, or pleaded guilty to, 442
any felony or any offense involving moral turpitude, including 443
theft, attempted theft, falsification, tampering with records, 444
securing writings by deception, fraud, forgery, and perjury; 445

        (4) The notarized signature of the applicant immediately 446
following an acknowledgment that any false or perjured statement 447
subjects the applicant to criminal liability under section 2921.13 448
of the Revised Code. 449

        (C) Upon the filing of the application with the division of 450
unclaimed funds, the division may investigate the applicant to 451
verify the information provided in the application and to 452
determine the applicant's eligibility for a certificate of 453
registration under this section. False information on an 454
application is grounds for the denial or revocation of the 455
applicant's certificate of registration. 456

        (D) The director shall issue a certificate of registration to 457
an applicant if the director finds that the following conditions 458
are met: 459

        (1) The applicant has not, during the ten-year period 460
immediately preceding the submission of the application, violated 461
division (A) of this section on or after the effective date of 462
this section, or division (C) of section 169.13 of the Revised 463
Code, or been convicted of, or pleaded guilty to, any felony or 464
any offense involving moral turpitude, including theft, attempted 465
theft, falsification, tampering with records, securing writings by 466
deception, fraud, forgery, and perjury. 467

        (2) The applicant's character and general fitness command the 468
confidence of the public and warrant the belief that the 469
applicant's business will be conducted honestly and fairly. 470

        (E) The certificate of registration issued pursuant to 471
division (D) of this section may be renewed annually if the 472
director finds that the following conditions are met: 473

        (1) The applicant submits a renewal application form 474
prescribed by the director. 475

        (2) The applicant meets the conditions set forth in division 476
(D) of this section. 477

        (3) The applicant's certificate of registration is not 478
subject to an order of revocation by the director. 479

       Sec. 169.17. (A) After notice and an opportunity for a 480
hearing conducted in accordance with Chapter 119. of the Revised 481
Code, the director of commerce shall revoke or refuse to issue or 482
renew a certificate of registration if the director finds either 483
of the following: 484

       (1) During the immediately preceding ten-year period, the 485
person violated division (A) of section 169.16 on or after the 486
effective date of this section, or division (C) of section 169.13 487
of the Revised Code, or has been convicted of, or pleaded guilty 488
to, any felony or any offense involving moral turpitude, including 489
theft, attempted theft, falsification, tampering with records, 490
securing writings by deception, fraud, forgery, and perjury. 491

       (2) The person's character and general fitness do not command 492
the confidence of the public or warrant the belief that the 493
person's business will be conducted honestly and fairly. 494

        (B) The director may investigate alleged violations of 495
division (C) of section 169.13 or division (A) of section 169.16 496
of the Revised Code or complaints concerning any such violation. 497
The director may make application to the court of common pleas for 498
an order enjoining any such violation and, upon a showing by the 499
director that a person has committed or is about to commit such a 500
violation, the court shall grant an injunction, restraining order, 501
or other appropriate relief. 502

        (C) In conducting any investigation pursuant to this section, 503
the director may compel, by subpoena, witnesses to testify in 504
relation to any matter over which the director has jurisdiction 505
and may require the production of any book, record, or other 506
document pertaining to that matter. If a person fails to file any 507
statement or report, obey any subpoena, give testimony, produce 508
any book, record, or other document as required by a subpoena, or 509
permit photocopying of any book, record, or other document 510
subpoenaed, the court of common pleas of any county in this state, 511
upon application made to it by the director, shall compel 512
obedience by attachment proceedings for contempt, as in the case 513
of disobedience of the requirements of a subpoena issued from the 514
court or a refusal to testify therein. 515

        (D) If the director determines that a person is engaged in or 516
is believed to be engaged in activities that may constitute a 517
violation of division (C) of section 169.13 or division (A) of 518
section 169.16 of the Revised Code, the director, after notice and 519
a hearing conducted in accordance with Chapter 119. of the Revised 520
Code, may issue a cease and desist order. Such an order shall be 521
enforceable in the court of common pleas. 522

       Sec. 169.99. (A) Whoever violates section 169.10 of the 523
Revised Code shall be fined not more than five hundred dollars. 524
Each day of continuance of such violation is a separate offense. 525

       (B) Whoever violates division (C) of section 169.13 or 526
division (A) of section 169.16 of the Revised Code is guilty of a 527
misdemeanor of the first degree for a first offense and of a 528
felony of the fifth degree for any subsequent offense. 529

       Section 2. That existing sections 121.04, 121.08, 169.01, 530
169.13, and 169.99 of the Revised Code are hereby repealed. 531

       Section 3. Sections 169.13 and 169.14 of the Revised Code, as 532
amended or enacted by this act, shall apply only to agreements 533
that are entered into on or after the effective date of this act. 534

       Section 4. All of the following provisions of this act shall 535
take effect sixty days after the effective date of this act: 536

        (A) Division (B)(2)(g) and (h) of section 169.13 of the 537
Revised Code; 538

        (B) Section 169.14 of the Revised Code; 539

        (C) Division (A) of section 169.16 of the Revised Code; 540

        (D) Division (B) of section 169.99 of the Revised Code. 541

Section 1. That sections 121.04, 121.08, 169.01, 169.13, and	10
169.99 be amended and sections 169.14, 169.16, and 169.17 of the	11
Revised Code be enacted to read as follows:	12

Sec. 121.04. Offices are created within the several	13
departments as follows:	14

		Commissioner of securities;		16
		Superintendent of real estate and professional licensing;		17
		Superintendent of financial institutions;		18
		Fire marshal;		19
		Superintendent of labor and worker safety;		20
		~~Beginning on July 1, 1997,~~		21
		Superintendent of liquor control;		22
		Superintendent of industrial compliance;		23
		Superintendent of unclaimed funds.		24

		State architect and engineer;		26
		Equal employment opportunity coordinator.		27

		Administration;		30
		Animal industry;		31
		Dairy;		32
		Food safety;		33
		Plant industry;		34
		Markets;		35
		Meat inspection;		36
		Consumer analytical laboratory;		37
		Amusement ride safety;		38
		Enforcement;		39
		Weights and measures.		40

		Water;		43
		Mineral resources management;		44
		Forestry;		45
		Natural areas and preserves;		46
		Wildlife;		47
		Geological survey;		48
		Parks and recreation;		49
		Watercraft;		50
		Recycling and litter prevention;		51
		Soil and water conservation;		52
		Real estate and land management;		53
		Engineering.		54

		Deputy superintendent of insurance;		56
		Assistant superintendent of insurance, technical;		57
		Assistant superintendent of insurance, administrative;		58
		Assistant superintendent of insurance, research.		59

Sec. 121.08. (A) There is hereby created in the department	60
of commerce the position of deputy director of administration.	61
This officer shall be appointed by the director of commerce, serve	62
under the director's direction, supervision, and control, perform	63
the duties the director prescribes, and hold office during the	64
director's pleasure. The director of commerce may designate an	65
assistant director of commerce to serve as the deputy director of	66
administration. The deputy director of administration shall	67
perform the duties prescribed by the director of commerce in	68
supervising the activities of the division of administration of	69
the department of commerce.	70

(B) Except as provided in section 121.07 of the Revised Code,	71
the department of commerce shall have all powers and perform all	72
duties vested in the deputy director of administration, the state	73
fire marshal, the superintendent of financial institutions, the	74
superintendent of real estate and professional licensing, the	75
superintendent of liquor control, the superintendent of ~~the~~	76
~~division of~~ industrial compliance, the superintendent of labor and	77
worker safety, the superintendent of unclaimed funds, and the	78
commissioner of securities, and shall have all powers and perform	79
all duties vested by law in all officers, deputies, and employees	80
of those offices. Except as provided in section 121.07 of the	81
Revised Code, wherever powers are conferred or duties imposed upon	82
any of those officers, the powers and duties shall be construed as	83
vested in the department of commerce.	84

(C)(1) There is hereby created in the department of commerce	85
a division of financial institutions, which shall have all powers	86
and perform all duties vested by law in the superintendent of	87
financial institutions. Wherever powers are conferred or duties	88
imposed upon the superintendent of financial institutions, those	89
powers and duties shall be construed as vested in the division of	90
financial institutions. The division of financial institutions	91
shall be administered by athe superintendent of financial	92
institutions.	93

(2) All provisions of law governing the superintendent of	94
financial institutions shall apply to and govern the	95
superintendent of financial institutions provided for in this	96
section; all authority vested by law in the superintendent of	97
financial institutions with respect to the management of the	98
division of financial institutions shall be construed as vested in	99
the superintendent of financial institutions created by this	100
section with respect to the division of financial institutions	101
provided for in this section; and all rights, privileges, and	102
emoluments conferred by law upon the superintendent of financial	103
institutions shall be construed as conferred upon the	104
superintendent of financial institutions as head of the division	105
of financial institutions. The director of commerce shall not	106
transfer from the division of financial institutions any of the	107
functions specified in division (C)(2) of this section.	108

(D) There is hereby created in the department of commerce a	109
division of liquor control, which shall have all powers and	110
perform all duties vested by law in the superintendent of liquor	111
control. Wherever powers are conferred or duties are imposed upon	112
the superintendent of liquor control, those powers and duties	113
shall be construed as vested in the division of liquor control.	114
The division of liquor control shall be administered by athe	115
superintendent of liquor control.	116

(E) The director of commerce shall not be interested,	117
directly or indirectly, in any firm or corporation which is a	118
dealer in securities as defined in sections 1707.01 and 1707.14 of	119
the Revised Code, or in any firm or corporation licensed under	120
sections 1321.01 to 1321.19 of the Revised Code.	121

(F) The director of commerce shall not have any official	122
connection with a savings and loan association, a savings bank, a	123
bank, a bank holding company, a savings and loan association	124
holding company, a consumer finance company, or a credit union	125
that is under the supervision of the division of financial	126
institutions, or a subsidiary of any of the preceding entities, or	127
be interested in the business thereof.	128

(G) There is hereby created in the state treasury the	129
division of administration fund. The fund shall receive	130
assessments on the operating funds of the department of commerce	131
in accordance with procedures prescribed by the director of	132
commerce and approved by the director of budget and management.	133
All operating expenses of the division of administration shall be	134
paid from the division of administration fund.	135

(H) There is hereby created in the department of commerce a	136
division of real estate and professional licensing, which shall be	137
under the control and supervision of the director of commerce. The	138
division of real estate and professional licensing shall be	139
administered by athe superintendent of real estate and	140
professional licensing. The superintendent of real estate and	141
professional licensing shall exercise the powers and perform the	142
functions and duties delegated to the superintendent under	143
Chapters 4735., 4763., and 4767. of the Revised Code.	144

(I) There is hereby created in the department of commerce a	145
division of labor and worker safety, which shall have all powers	146
and perform all duties vested by law in the superintendent of	147
labor and worker safety. Wherever powers are conferred or duties	148
imposed upon the superintendent of labor and worker safety, those	149
powers and duties shall be construed as vested in the division of	150
labor and worker safety. The division of labor and worker safety	151
shall be under the control and supervision of the director of	152
commerce and be administered by athe superintendent of labor and	153
worker safety. The superintendent of labor and worker safety shall	154
exercise the powers and perform the duties delegated to the	155
superintendent by the director under Chapters 4109., 4111., and	156
4115. of the Revised Code.	157

(J) There is hereby created in the department of commerce a	158
division of unclaimed funds, which shall have all powers and	159
perform all duties delegated to or vested by law in the	160
superintendent of unclaimed funds. Wherever powers are conferred	161
or duties imposed upon the superintendent of unclaimed funds,	162
those powers and duties shall be construed as vested in the	163
division of unclaimed funds. The division of unclaimed funds shall	164
be under the control and supervision of the director of commerce	165
and shall be administered by the superintendent of unclaimed	166
funds. The superintendent of unclaimed funds shall exercise the	167
powers and perform the functions and duties delegated to the	168
superintendent by the director of commerce under section 121.07	169
and Chapter 169. of the Revised Code, and as may otherwise be	170
provided by law.	171

(K) The department of commerce or a division of the	172
department created by the Revised Code that is acting with	173
authorization on the department's behalf may request from the	174
bureau of criminal identification and investigation pursuant to	175
section 109.572 of the Revised Code, or coordinate with	176
appropriate federal, state, and local government agencies to	177
accomplish, criminal records checks for the persons whose	178
identities are required to be disclosed by an applicant for the	179
issuance or transfer of a permit, license, certificate of	180
registration, or certification issued or transferred by the	181
department or division. At or before the time of making a request	182
for a criminal records check, the department or division may	183
require any person whose identity is required to be disclosed by	184
an applicant for the issuance or transfer of such a license,	185
permit, certificate of registration, or certification to submit to	186
the department or division valid fingerprint impressions in a	187
format and by any media or means acceptable to the bureau of	188
criminal identification and investigation and, when applicable,	189
the federal bureau of investigation. The department or division	190
may cause the bureau of criminal identification and investigation	191
to conduct a criminal records check through the federal bureau of	192
investigation only if the person for whom the criminal records	193
check would be conducted resides or works outside of this state or	194
has resided or worked outside of this state during the preceding	195
five years, or if a criminal records check conducted by the bureau	196
of criminal identification and investigation within this state	197
indicates that the person may have a criminal record outside of	198
this state.	199

In the case of a criminal records check under section 109.572	200
of the Revised Code, the department or division shall forward to	201
the bureau of criminal identification and investigation the	202
requisite form, fingerprint impressions, and fee described in	203
division (C) of that section. When requested by the department or	204
division in accordance with this section, the bureau of criminal	205
identification and investigation shall request from the federal	206
bureau of investigation any information it has with respect to the	207
person who is the subject of the requested criminal records check	208
and shall forward the requisite fingerprint impressions and	209
information to the federal bureau of investigation for that	210
criminal records check. After conducting a criminal records check	211
or receiving the results of a criminal records check from the	212
federal bureau of investigation, the bureau of criminal	213
identification and investigation shall provide the results to the	214
department or division.	215

The department or division may require any person about whom	216
a criminal records check is requested to pay to the department or	217
division the amount necessary to cover the fee charged to the	218
department or division by the bureau of criminal identification	219
and investigation under division (C)(3) of section 109.572 of the	220
Revised Code, including, when applicable, any fee for a criminal	221
records check conducted by the federal bureau of investigation.	222

Sec. 169.01. As used in this chapter, unless the context	223
otherwise requires:	224

(A) "Financial organization" means any bank, trust company,	225
savings bank, safe deposit company, mutual savings bank without	226
mutual stock, savings and loan association, credit union, or	227
investment company.	228

(B)(1) "Unclaimed funds" means any moneys, rights to moneys,	229
or intangible property, described in section 169.02 of the Revised	230
Code, when, as shown by the records of the holder, the owner has	231
not, within the times provided in section 169.02 of the Revised	232
Code, done any of the following:	233

(a) Increased, decreased, or adjusted the amount of such	234
funds;	235

(c) Presented an appropriate record for the crediting of such	237
funds or received payment of such funds by check, draft, or	238
otherwise;	239

(e) Otherwise indicated an interest in or knowledge of such	241
funds;	242

(a) Money received or collected under section 9.39 of the	245
Revised Code;	246

(b) Any payment or credit due to a business association from	247
a business association representing sums payable to suppliers, or	248
payment for services rendered, in the course of business,	249
including, but not limited to, checks or memoranda, overpayments,	250
unidentified remittances, nonrefunded overcharges, discounts,	251
refunds, and rebates;	252

(c) Any payment or credit received by a business association	253
from a business association for tangible goods sold, or services	254
performed, in the course of business, including, but not limited	255
to, checks or memoranda, overpayments, unidentified remittances,	256
nonrefunded overcharges, discounts, refunds, and rebates;	257