As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 362

Representative Hite 

Cosponsors: Representatives Koziura, Huffman, Wagoner, Daniels, Stebelton, Gerberry, Fessler, Stewart, J., DeGeeter, Coley, Hottinger, Book, Batchelder 

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A BILL

To amend sections 1321.01, 1321.57, 1321.58, and

1

1321.99 of the Revised Code to authorize

2

additional charges under the Consumer Finance Law

3

and to prohibit an automated valuation model

4

provider from reporting a predetermined property

5

valuation.

6

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

Section 1. That sections 1321.01, 1321.57, 1321.58, and	7
1321.99 of the Revised Code be amended to read as follows:	8

Sec. 1321.01.  (A) As used in sections 1321.01 to 1321.19 of	9
the Revised Code:	10

(1) "Person" includes individuals, partnerships,	11
associations, trusts, corporations, and all other legal entities.	12

(2) "License" means a license issued under sections 1321.01	13
to 1321.19 of the Revised Code to make loans at a single place of	14
business.	15

(3) "Licensee" means a person to whom one or more licenses	16
have been issued.	17

(4) "Principal amount" means the amount of cash paid to, or	18
paid or payable for the account of, the borrower.	19

(5) "Interest" means all charges payable directly or	20
indirectly by a borrower to a licensee as a condition to a loan or	21
an application for a loan, however denominated, but does not	22
include default charges, deferment charges, insurance charges or	23
premiums, court costs, loan origination charges, check collection	24
charges, credit line charges, credit report charges, or other fees	25
and charges specifically authorized by law.	26

(6) "Interest-bearing loan" means a loan in which the debt is	27
expressed as the principal amount and interest is computed,	28
charged, and collected on unpaid principal balances outstanding	29
from time to time.	30

(7) "Precomputed loan" means a loan in which the debt is a	31
sum comprising the principal amount and the amount of interest	32
computed in advance on the assumption that all scheduled payments	33
will be made when due.	34

(8) "Actuarial method" means the method of allocating	35
payments made on a loan between the principal amount and interest	36
whereby a payment is applied first to the accumulated interest and	37
the remainder to the unpaid principal amount.	38

(9) "Applicable charge" means the amount of interest	39
attributable to each monthly installment period of the loan	40
contract. The applicable charge is computed as if each installment	41
period were one month and any charge for extending the first	42
installment period beyond one month is ignored. In the case of	43
loans originally scheduled to be repaid in sixty-one months or	44
less, the applicable charge for any installment period is that	45
proportion of the total interest contracted for, as the balance	46
scheduled to be outstanding during that period bears to the sum of	47
all of the periodic balances, all determined according to the	48
payment schedule originally contracted for. In all other cases,	49
the applicable charge for any installment period is that which	50
would have been made for such period had the loan been made on an	51
interest-bearing basis at the single rate provided in division (A)	52
of section 1321.13 of the Revised Code, based upon the assumption	53
that all payments were made according to schedule.	54

(10) "Annual percentage rate" means the ratio of the interest	55
on a loan to the unpaid principal balances on the loan for any	56
period of time, expressed on an annual basis.	57

(11) "Refinancing" means a loan the proceeds of which are	58
used in whole or in part to pay the unpaid balance of a prior loan	59
made by the same licensee to the same borrower under sections	60
1321.01 to 1321.19 of the Revised Code.	61

(12) "Superintendent of financial institutions" includes the	62
deputy superintendent for consumer finance as provided in section	63
1181.21 of the Revised Code.	64

(13) "Property valuation fee" means the fee paid for an	65
estimated market value as determined by an automated valuation	66
model.	67

(14) "Automated valuation model" means an automated system	68
that is used to derive a property value through the use of	69
publicly available property records and various analytic	70
methodologies such as comparable sales prices, home	71
characteristics, and historical home price appreciations.	72

(B) The division of financial institutions is responsible for	73
the administration of sections 1321.01 to 1321.19 of the Revised	74
Code. Neither the superintendent of the division, nor any deputy,	75
assistant, clerk, examiner, or other person employed by the	76
division to assist in the administration of such sections shall be	77
interested, directly or indirectly, in the business licensed under	78
the sections and any person so interested or who becomes so	79
interested shall not be eligible to hold or retain any such	80
position.	81

Sec. 1321.57.  (A) Notwithstanding any other provisions of	82
the Revised Code, a registrant may contract for and receive	83
interest, calculated according to the actuarial method, at a rate	84
or rates not exceeding twenty-one per cent per year on the unpaid	85
principal balances of the loan. Loans may be interest-bearing or	86
precomputed.	87

(B) For purposes of computation of time on interest-bearing	88
and precomputed loans, including, but not limited to, the	89
calculation of interest, a month is considered one-twelfth of a	90
year, and a day is considered one three hundred sixty-fifth of a	91
year when calculation is made for a fraction of a month. A year is	92
as defined in section 1.44 of the Revised Code. A month is that	93
period described in section 1.45 of the Revised Code.	94
Alternatively, a registrant may consider a day as one three	95
hundred sixtieth of a year and each month as having thirty days.	96

(C) With respect to interest-bearing loans:

97

(1)(a) Interest shall be computed on unpaid principal	98
balances outstanding from time to time, for the time outstanding.	99

(b) As an alternative to the method of computing interest set	100
forth in division (C)(1)(a) of this section, a registrant may	101
charge and collect interest for the first installment period based	102
on elapsed time from the date of the loan to the first scheduled	103
payment due date, and for each succeeding installment period from	104
the scheduled payment due date to the next scheduled payment due	105
date, regardless of the date or dates the payments are actually	106
made.	107

(c) Whether a registrant computes interest pursuant to	108
division (C)(1)(a) or (b) of this section, each payment shall be	109
applied first to unpaid charges, then to interest, and the	110
remainder to the unpaid principal balance. However, if the amount	111
of the payment is insufficient to pay the accumulated interest,	112
the unpaid interest continues to accumulate to be paid from the	113
proceeds of subsequent payments and is not added to the principal	114
balance.	115

(2) Interest shall not be compounded, collected, or paid in	116
advance. However, both of the following apply:	117

(a) Interest may be charged to extend the first monthly	118
installment period by not more than fifteen days, and the interest	119
charged for the extension may be added to the principal amount of	120
the loan.	121

(b) If part or all of the consideration for a new loan	122
contract is the unpaid principal balance of a prior loan, the	123
principal amount payable under the new loan contract may include	124
any unpaid interest that has accrued. The resulting loan contract	125
shall be deemed a new and separate loan transaction for purposes	126
of this section. The unpaid principal balance of a precomputed	127
loan is the balance due after refund or credit of unearned	128
interest as provided in division (D)(3) of this section.	129

(D) With respect to precomputed loans:

130

(1) Loans shall be repayable in monthly installments of	131
principal and interest combined, except that the first installment	132
period may exceed one month by not more than fifteen days, and the	133
first installment payment amount may be larger than the remaining	134
payments by the amount of interest charged for the extra days; and	135
provided further that monthly installment payment dates may be	136
omitted to accommodate borrowers with seasonal income.	137

(2) Payments may be applied to the combined total of	138
principal and precomputed interest until maturity of the loan. A	139
registrant may charge interest after the original or deferred	140
maturity of a precomputed loan at the rate specified in division	141
(A) of this section on all unpaid principal balances for the time	142
outstanding.	143

(3) When any loan contract is paid in full by cash, renewal,	144
refinancing, or a new loan, one month or more before the final	145
installment due date, the registrant shall refund, or credit the	146
borrower with, the total of the applicable charges for all fully	147
unexpired installment periods, as originally scheduled or as	148
deferred, that follow the day of prepayment. If the prepayment is	149
made other than on a scheduled installment due date, the nearest	150
scheduled installment due date shall be used in such computation.	151
If the prepayment occurs prior to the first installment due date,	152
the registrant may retain one-thirtieth of the applicable charge	153
for a first installment period of one month for each day from date	154
of loan to date of prepayment, and shall refund, or credit the	155
borrower with, the balance of the total interest contracted for.	156
If the maturity of the loan is accelerated for any reason and	157
judgment is entered, the registrant shall credit the borrower with	158
the same refund as if prepayment in full had been made on the date	159
the judgment is entered.	160

(4) If the parties agree in writing, either in the loan	161
contract or in a subsequent agreement, to a deferment of wholly	162
unpaid installments, a registrant may grant a deferment and may	163
collect a deferment charge as provided in this section. A	164
deferment postpones the scheduled due date of the earliest unpaid	165
installment and all subsequent installments as originally	166
scheduled, or as previously deferred, for a period equal to the	167
deferment period. The deferment period is that period during which	168
no installment is scheduled to be paid by reason of the deferment.	169
The deferment charge for a one-month period may not exceed the	170
applicable charge for the installment period immediately following	171
the due date of the last undeferred installment. A proportionate	172
charge may be made for deferment for periods of more or less than	173
one month. A deferment charge is earned pro rata during the	174
deferment period and is fully earned on the last day of the	175
deferment period. If a loan is prepaid in full during a deferment	176
period, the registrant shall make, or credit to the borrower, a	177
refund of the unearned deferment charge in addition to any other	178
refund or credit made for prepayment of the loan in full.	179

(E) A registrant, at the request of the borrower, may obtain,	180
on one or more borrowers, credit life insurance, credit accident	181
and health insurance, and unemployment insurance. The premium or	182
identifiable charge for the insurance may be included in the	183
principal amount of the loan and may not exceed the premium rate	184
filed by the insurer with the superintendent of insurance and not	185
disapproved by the superintendent. If a registrant obtains the	186
insurance at the request of the borrower, the borrower shall have	187
the right to cancel the insurance for a period of twenty-five days	188
after the loan is made. If the borrower chooses to cancel the	189
insurance, the borrower shall give the registrant written notice	190
of this choice and shall return all of the policies or	191
certificates of insurance or notices of proposed insurance to the	192
registrant during such period, and the full premium or	193
identifiable charge for the insurance shall be refunded to the	194
borrower by the registrant. If the borrower requests, in the	195
notice to cancel the insurance, that this refund be applied to	196
reduce the balance of a precomputed loan, the registrant shall	197
credit the amount of the refund plus the amount of interest	198
applicable to the refund to the loan balance.	199

If the registrant obtains the insurance at the request of the	200
borrower, the registrant shall not charge or collect interest on	201
any insured amount that remains unpaid after the insured	202
borrower's date of death.	203

(F) A registrant may require the borrower to provide	204
insurance or a loss payable endorsement covering reasonable risks	205
of loss, damage, and destruction of property used as security for	206
the loan and with the consent of the borrower such insurance may	207
cover property other than that which is security for the loan. The	208
amount and term of required property insurance shall be reasonable	209
in relation to the amount and term of the loan contract and the	210
type and value of the security, and the insurance shall be	211
procured in accordance with the insurance laws of this state. The	212
purchase of this insurance through the registrant or an agent or	213
broker designated by the registrant shall not be a condition	214
precedent to the granting of the loan. If the borrower purchases	215
the insurance from or through the registrant or from another	216
source, the premium may be included in the principal amount of the	217
loan.	218

(G) On loans secured by an interest in real estate, all of	219
the following apply:	220

(1) A registrant may charge and receive up to two points, and	221
a prepayment penalty not in excess of one per cent of the original	222
principal amount of the loan. Points may be paid by the borrower	223
at the time of the loan or may be included in the principal amount	224
of the loan. On a refinancing, a registrant may not charge under	225
division (G)(1) of this section either of the following:	226

(a) Points on the portion of the principal amount that is	227
applied to the unpaid principal amount of the refinanced loan, if	228
the refinancing occurs within one year after the date of the	229
refinanced loan on which points were charged;	230

(b) A prepayment penalty.

231

(2) As an alternative to the prepayment penalty described in	232
division (G)(1) of this section, a registrant may contract for,	233
charge, and receive the prepayment penalty described in division	234
(G)(2) of this section for the prepayment of a loan prior to two	235
years after the date the loan contract is executed. This	236
prepayment penalty shall not exceed two per cent of the original	237
principal amount of the loan if the loan is paid in full prior to	238
one year after the date the loan contract is executed. The penalty	239
shall not exceed one per cent of the original principal amount of	240
the loan if the loan is paid in full at any time from one year,	241
but prior to two years, after the date the loan contract is	242
executed. A registrant shall not charge or receive a prepayment	243
penalty under division (G)(2) of this section if any of the	244
following applies:	245

(a) The loan is a refinancing by the same registrant or a	246
registrant to whom the loan has been assigned;	247

(b) The loan is paid in full as a result of the sale of the	248
real estate that secures the loan;	249

(c) The loan is paid in full with the proceeds of an	250
insurance claim against an insurance policy that insures the life	251
of the borrower or an insurance policy that covers loss, damage,	252
or destruction of the real estate that secures the loan.	253

(3) Division (G) of this section is not a limitation on	254
discount points or other charges for purposes of section 501(b)(4)	255
of the "Depository Institutions Deregulation and Monetary Control	256
Act of 1980," 94 Stat. 161, 12 U.S.C.A. 1735f-7 note.	257

(H)(1) In addition to the interest and charges provided for	258
by this section, no further or other amount, whether in the form	259
of broker fees, placement fees, or any other fees whatsoever,	260
shall be charged or received by the registrant, except costs and	261
disbursements in connection with any suit to collect a loan or any	262
lawful activity to realize on a security interest or mortgage	263
after default, including reasonable attorney fees incurred by the	264
registrant as a result of the suit or activity and to which the	265
registrant becomes entitled by law, and except the following	266
additional charges which may be included in the principal amount	267
of the loan or collected at any time after the loan is made:	268

(a) The amounts of fees authorized by law to record, file, or	269
release security interests and mortgages on a loan;	270

(b) With respect to a loan secured by an interest in real	271
estate, the following closing costs, if they are bona fide,	272
reasonable in amount, and not for the purpose of circumvention or	273
evasion of this section:	274

(i) Fees or premiums for title examination, abstract of	275
title, title insurance, surveys, title endorsements, title	276
binders, title commitments, home inspections, or pest inspections;	277
settlement or closing costs; courier fees; and any federally	278
mandated flood plain certification fee;	279

(ii) If not paid to the registrant, an employee of the	280
registrant, or a person related to the registrant, fees for	281
preparation of a mortgage, settlement statement, or other	282
documents, fees for notarizing mortgages and other documents,	283
appraisal fees, and fees for any federally mandated inspection of	284
home improvement work financed by a second mortgage loan and	285
subject to division (H)(3) of this section, property valuation	286
fees not to exceed seventy-five dollars;	287

(c) Fees for credit investigations not exceeding ten dollars.

288

(2) Division (H)(1) of this section does not limit the rights	289
of registrants to engage in other transactions with borrowers,	290
provided the transactions are not a condition of the loan.	291

(3)(a) A registrant shall not charge a property valuation fee	292
and an appraisal fee for the same property in a single	293
transaction. If a property valuation fee has been paid, an	294
appraisal fee minus the amount that has been paid by the borrower	295
for the property valuation fee may be charged for an appraisal for	296
the same real property. A registrant shall provide the borrower	297
with a copy of the automated valuation model result upon request	298
from the borrower, provided the borrower has paid for any	299
authorized property valuation fee. The automated valuation model	300
result provided to the borrower shall include the following	301
statement: "An automated valuation model is not an appraisal. It	302
is a computerized property valuation system that is used to derive	303
a real property value."	304

(b) No automated valuation model provider shall accept a	305
property valuation assignment from a person registered under	306
sections 1321.51 to 1321.60 of the Revised Code when the	307
assignment is contingent upon the automated valuation model	308
provider reporting a predetermined property valuation, or when the	309
fee to be paid to the automated valuation model provider is	310
contingent upon the property valuation reached or upon the	311
consequences resulting from the property valuation assignment.	312

(c) Nothing in this section authorizes the use of an	313
automated valuation model result in lieu of an appraisal that is	314
required under state or federal law.	315

(I) If the loan contract or security instrument contains	316
covenants by the borrower to perform certain duties pertaining to	317
insuring or preserving security and the registrant pursuant to the	318
loan contract or security instrument pays for performance of the	319
duties on behalf of the borrower, the registrant may add the	320
amounts paid to the unpaid principal balance of the loan or	321
collect them separately. A charge for interest may be made for	322
sums advanced not exceeding the rate of interest permitted by	323
division (A) of this section. Within a reasonable time after	324
advancing a sum, the registrant shall notify the borrower in	325
writing of the amount advanced, any interest charged with respect	326
to the amount advanced, any revised payment schedule, and shall	327
include a brief description of the reason for the advance.	328

(J)(1) In addition to points authorized under division (G) of	329
this section, a registrant may charge and receive the following:	330

(a) With respect to secured loans: if the principal amount of	331
the loan is less than five hundred dollars, loan origination	332
charges not exceeding fifteen dollars; if the principal amount of	333
the loan is at least five hundred dollars but less than one	334
thousand dollars, loan origination charges not exceeding thirty	335
dollars; if the principal amount of the loan is at least one	336
thousand dollars but less than two thousand dollars, loan	337
origination charges not exceeding one hundred dollars; if the	338
principal amount of the loan is at least two thousand dollars but	339
less than five thousand dollars, loan origination charges not	340
exceeding two hundred dollars; and if the principal amount of the	341
loan is at least five thousand dollars, loan origination charges	342
not exceeding the greater of two hundred fifty dollars or one per	343
cent of the principal amount of the loan.	344

(b) With respect to unsecured loans: if the principal amount	345
of the loan is less than five hundred dollars, loan origination	346
charges not exceeding fifteen dollars; if the principal amount of	347
the loan is at least five hundred dollars but less than one	348
thousand dollars, loan origination charges not exceeding thirty	349
dollars; if the principal amount of the loan is at least one	350
thousand dollars but less than five thousand dollars, loan	351
origination charges not exceeding one hundred dollars; and if the	352
principal amount of the loan is at least five thousand dollars,	353
loan origination charges not exceeding the greater of two hundred	354
fifty dollars or one per cent of the principal amount of the loan.	355

(2) If a refinancing occurs within ninety days after the date	356
of the refinanced loan, a registrant may not impose loan	357
origination charges on the portion of the principal amount that is	358
applied to the unpaid principal amount of the refinanced loan.	359

(3) Loan origination charges may be paid by the borrower at	360
the time of the loan or may be included in the principal amount of	361
the loan.	362

(K) A registrant may charge and receive check collection	363
charges not greater than twenty dollars plus any amount passed on	364
from other financial institutions for each check, negotiable order	365
of withdrawal, share draft, or other negotiable instrument	366
returned or dishonored for any reason.	367

(L) If the loan contract so provides, a registrant may	368
collect a default charge on any installment not paid in full	369
within ten days after its due date. For this purpose, all	370
installments are considered paid in the order in which they become	371
due. Any amounts applied to an outstanding loan balance as a	372
result of voluntary release of a security interest, sale of	373
security on the loan, or cancellation of insurance shall be	374
considered payments on the loan, unless the parties otherwise	375
agree in writing at the time the amounts are applied. The amount	376
of the default charge shall not exceed the greater of five per	377
cent of the scheduled installment or fifteen dollars.	378

(M) A registrant may charge and receive a processing fee of	379
not more than ten dollars when a borrower makes a payment by	380
authorizing the registrant to initiate a check, or otherwise	381
process a payment, from the borrower's checking account using	382
automated clearing house procedures or similar means. The	383
borrower's authorization may be given orally or in writing,	384
including by electronic means.	385

Sec. 1321.58.  (A) A registrant may make open-end loans	386
pursuant to an agreement between the registrant and the borrower	387
whereby:	388

(1) The registrant may permit the borrower to obtain advances	389
of money from the registrant from time to time or the registrant	390
may advance money on behalf of the borrower from time to time as	391
directed by the borrower.	392

(2) The amount of each advance and permitted interest,	393
charges, and costs are debited to the borrower's account and	394
payments and other credits are credited to the same account.	395

(3) The interest and charges are computed on the unpaid	396
balance or balances of the account from time to time.	397

(4) The borrower has the privilege of paying the account in	398
full at any time or, if the account is not in default, in	399
installments of determinable amounts as provided in the agreement.	400

For open-end loans, "billing cycle" means the time interval	401
between periodic billing dates. A billing cycle shall be	402
considered monthly if the closing date of the cycle is the same	403
date each month or does not vary by more than four days from such	404
date.	405

(B) Notwithstanding any other provisions of the Revised Code,	406
a registrant may contract for and receive interest for open-end	407
loans at a rate or rates not exceeding twenty-one per cent per	408
year and may compute interest in each billing cycle by either of	409
the following methods:	410

(1) By multiplying the daily rate by the daily unpaid balance	411
of the account, in which case the daily rate is determined by	412
dividing the annual rate by three hundred sixty-five;	413

(2) By multiplying the monthly rate by the average daily	414
unpaid balance of the account in the billing cycle, in which case	415
the average daily unpaid balance is the sum of all of the daily	416
unpaid balances each day during the cycle divided by the number of	417
days in the cycle. The monthly rate is determined by dividing the	418
annual rate by twelve.	419

The billing cycle shall be monthly and the unpaid balance on	420
any day shall be determined by adding to any balance unpaid as of	421
the beginning of that day all advances and permitted interest,	422
charges, and costs and deducting all payments and other credits	423
made or received that day.	424

(C) In addition to the interest permitted in division (B) of	425
this section, a registrant may charge and receive or add to the	426
unpaid balance any or all of the following:	427

(1) All charges and costs authorized by divisions (E), (F),	428
(G), (H), (I), and (K), and (M) of section 1321.57 of the Revised	429
Code;	430

(2) An annual credit line charge, for the privilege of	431
maintaining a line of credit, as follows:	432

(a) For the first year:

433

(i) If the original credit line is less than five thousand	434
dollars, an amount not exceeding one hundred fifty dollars;	435

(ii) If the original credit line is at least five thousand	436
dollars, an amount not exceeding the greater of one per cent of	437
the original credit line or two hundred fifty dollars.	438

(b) For subsequent years an amount not exceeding the greater	439
of one-half per cent of the credit line on the anniversary date or	440
fifty dollars.	441

(3) A default charge on any required minimum payment not paid	442
in full within ten days after its due date. For this purpose, all	443
required minimum payments are considered paid in the order in	444
which they become due. The amount of the default charge shall not	445
exceed the greater of five per cent of the required minimum	446
payment or fifteen dollars.	447

(4) An over-the-credit limit charge of not more than	448
twenty-five dollars when the borrower obtains advances of money	449
during a billing cycle that exceed the borrower's designated	450
credit line. The charge shall not be applied more than once per	451
billing cycle.	452

(D) The borrower at any time may pay all or any part of the	453
unpaid balance on the account or, if the account is not in	454
default, the borrower may pay the unpaid balance in installments	455
subject to minimum payment requirements as determined by the	456
registrant and set forth in the open-end loan agreement.	457

(E) If credit life insurance or credit accident and health	458
insurance is obtained by the registrant and if the insured dies or	459
becomes disabled when there is an outstanding open-end loan	460
indebtedness, the insurance shall be sufficient to pay the unpaid	461
balance on the loan due on the date of the borrower's death in the	462
case of credit life insurance or all minimum payments that become	463
due on the loan during the covered period of disability in the	464
case of credit accident and health insurance. The additional	465
charge for credit life insurance, credit accident and health	466
insurance, or unemployment insurance shall be calculated each	467
billing cycle by applying the current monthly premium rate for the	468
insurance, filed by the insurer with the superintendent of	469
insurance and not disapproved by the superintendent, to the unpaid	470
balances in the borrower's account, using one of the methods	471
specified in division (B) of this section for the calculation of	472
interest. No credit life insurance, credit accident and health	473
insurance, or unemployment insurance written in connection with an	474
open-end loan shall be canceled by the registrant because of	475
delinquency of the borrower in making the required minimum	476
payments on the loan unless one or more such payments is past due	477
for a period of thirty days or more. The registrant shall advance	478
to the insurer the amounts required to keep the insurance in force	479
during such period, which amounts may be debited to the borrower's	480
account.	481

(F) Whenever there is no unpaid balance in an open-end loan	482
account, the account may be terminated by written notice, by the	483
borrower or the registrant, to the other party. If a registrant	484
has taken a mortgage on real property to secure the open-end loan,	485
the registrant shall deliver, within thirty days following	486
termination of the account, a release of the mortgage to the	487
borrower. If a registrant has taken a security interest in	488
personal property to secure the open-end loan, the registrant	489
shall release the security interest and terminate any financing	490
statement in accordance with section 1309.513 of the Revised Code.	491

Sec. 1321.99.  (A) Whoever violates section 1321.02 of the	492
Revised Code is guilty of a felony of the fifth degree.	493

(B) Whoever violates section 1321.13 of the Revised Code	494
shall be fined not less than one hundred nor more than five	495
hundred dollars or imprisoned not more than six months, or both.	496

(C) Whoever violates section 1321.14 of the Revised Code	497
shall be fined not less than fifty nor more than two hundred	498
dollars for a first offense; for a second offense such person	499
shall be fined not less than two hundred nor more than five	500
hundred dollars and imprisoned for not more than six months.	501

(D) Whoever willfully violates section 1321.57, 1321.58,	502
1321.59, or 1321.60 of the Revised Code shall be fined not less	503
than one nor more than five hundred dollars, except that whoever	504
violates division (H)(3)(b) of section 1321.57 of the Revised Code	505
is guilty of a misdemeanor of the first degree.	506

(E) Whoever violates section 1321.52 of the Revised Code is	507
guilty of a felony of the fifth degree.	508

(F) Whoever violates division (A) of section 1321.73 of the	509
Revised Code shall be fined not more than five hundred dollars or	510
imprisoned not more than six months, or both.	511

Section 2. That existing sections 1321.01, 1321.57, 1321.58,	512
and 1321.99 of the Revised Code are hereby repealed.	513