Corrected Version

As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 46

Representatives Stewart, J., DeGeeter 

Cosponsors: Representatives Stewart, D., Daniels, Patton, Budish, Williams, S., Koziura, Sayre, Hite, Gibbs, Aslanides, Batchelder, Bolon, Book, Boyd, Brown, Bubp, Celeste, Chandler, Combs, DeBose, Distel, Domenick, Dyer, Evans, Flowers, Foley, Garrison, Goyal, Hagan, R., Harwood, Healy, Heard, Hughes, Latta, Letson, Luckie, Mallory, Miller, Oelslager, Okey, Otterman, Peterson, Strahorn, Sykes, Szollosi, Uecker, White, Williams, B., Yates 

Senators Fedor, Mason, Goodman, Boccieri, Cafaro, Coughlin, Faber, Grendell, Harris, Jacobson, Kearney, Miller, D., Morano, Niehaus, Padgett, Roberts, Sawyer, Schaffer, Seitz, Spada, Wagoner, Wilson, Carey, Mumper, Austria 

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A BILL

To amend sections 125.18, 317.082, 319.28, 319.54,

1

2305.09, and 2901.13 and to enact sections

2

109.941, 111.241, 149.434, 149.45, 1349.52, and

3

1349.53 of the Revised Code to allow a consumer

4

to place a security freeze on the consumer's

5

credit report, to require a public office to

6

redact from a document that is otherwise a public

7

record certain information, to require a public

8

office to redact Social Security numbers or

9

federal tax identification numbers from any

10

document that is made available online to the

11

public through the internet, to require the Office

12

of Criminal Justice Services to make state funding

13

grants available to local law enforcement agencies

14

for enforcement of identity fraud laws, to require

15

the attorney general to support local law

16

enforcement agencies with the enforcement of

17

identity fraud laws, to enact a special statute

18

of limitations for criminal prosecutions and

19

civil actions against identity fraud, to allow a

20

safety worker to request the county auditor to

21

remove the safety worker's name from the general

22

tax list of real and public utility property and

23

the general duplicate of real and pubic utility

24

property and insert the safety worker's initials,

25

and to prohibit a county auditor from charging a

26

real property conveyance fee to a safety worker

27

who changes the current owner name on the general

28

tax list of real and public utility property and

29

the general duplicate of real and public utility

30

property to the safety worker's initials.

31

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

Section 1. That sections 125.18, 317.082, 319.28, 319.54,	32
2305.09, and 2901.13 be amended and sections 109.941, 111.241,	33
149.434, 149.45, 1349.52, and 1349.53 of the Revised Code be	34
enacted to read as follows:	35

Sec. 109.941.  The attorney general shall cooperate with and	36
provide technical assistance to any local law enforcement agency	37
in the state, upon that agency's request, with respect to	38
enforcement of identity fraud crimes.	39

Sec. 111.241. (A) The secretary of state shall not accept a	40
document for filing or recording if the document includes any	41
individual's social security number or federal tax identification	42
number. If a document presented for filing or recording includes	43
any individual's social security number or federal tax	44
identification number and the secretary of state refuses to accept	45
that document for filing or recording, the secretary of state or	46
the person who attempted to file or record the document with the	47
secretary of state may immediately redact the individual's social	48
security number or federal tax identification number from the	49
document.	50

(B) Division (A) of this section does not apply to either of	51
the following:	52

(1) Any document that originates with any court or taxing	53
authority;	54

(2) Any publicly recorded document that is required by	55
federal or state law to include an individual's social security	56
number or federal tax identification number.	57

(C) This section does not apply to documents that were	58
executed by an individual prior to the effective date of this	59
section.	60

Sec. 125.18. (A) There is hereby established the office of	61
information technology housed within the department of	62
administrative services. The office shall be under the supervision	63
of a chief information officer to be appointed by the governor and	64
subject to removal at the pleasure of the governor. The chief	65
information officer shall serve as the director of the office.	66

(B) The director of the office of information technology	67
shall advise the governor regarding the superintendence and	68
implementation of statewide information technology policy.	69

(C) The director of the office of information technology	70
shall lead, oversee, and direct state agency activities related to	71
information technology development and use. In that regard, the	72
director shall do all of the following:	73

(1) Coordinate and superintend statewide efforts to promote	74
common use and development of technology by state agencies. The	75
office of information technology shall establish policies and	76
standards that govern and direct state agency participation in	77
statewide programs and initiatives.	78

(2) Establish policies and standards for the acquisition and	79
use of information technology by state agencies, including, but	80
not limited to, hardware, software, technology services, and	81
security, with which state agencies shall comply;	82

(3) Establish criteria and review processes to identify state	83
agency information technology projects that require alignment or	84
oversight. As appropriate, the office of information technology	85
shall provide the governor and the director of budget and	86
management with notice and advice regarding the appropriate	87
allocation of resources for those projects. The director of the	88
office of information technology may require state agencies to	89
provide, and may prescribe the form and manner by which they must	90
provide, information to fulfill the director's alignment and	91
oversight role;	92

(4) Establish policies and procedures for the security of	93
personal information that is maintained and destroyed by state	94
agencies;	95

(5) Employ a chief information security officer who is	96
responsible for the implementation of the policies and procedures	97
described in division (C)(4) of this section and for coordinating	98
the implementation of those policies and procedures in all of the	99
state agencies;	100

(6) Employ a chief privacy officer who is responsible for	101
advising the office of information technology and state agencies	102
when establishing policies and procedures for the security of	103
personal information and developing education and training	104
programs regarding the state's security procedures.	105

(D)(1) The chief information security officer shall assist	106
each state agency with the development of an information	107
technology security strategic plan and review that plan, and each	108
state agency shall submit that plan to the office of information	109
technology. The chief information security officer may require	110
that each state agency update its information technology security	111
strategic plan annually as determined by the chief information	112
officer.	113

(2) Prior to the implementation of any information technology	114
data system, a state agency shall prepare or have prepared a	115
privacy impact statement for that system.	116

(E) The office of information technology shall have the same	117
authority given to the department of administativeadministrative	118
services under sections 125.01, 125.02, 125.023, 125.04, 125.05,	119
125.06, 125.07, 125.071, 125.072, 125.081, 125.09, 125.10,	120
125.11, and 125.25 of the Revised Code for the purchase of	121
information technology supplies and services for state agencies.	122

(E)(F) The office of information technology may make	123
contracts for, operate, and superintend technology supplies and	124
services for state agencies in accordance with this chapter.	125

(F)(G) The office of information technology may establish	126
cooperative agreements with federal and local government agencies	127
and state agencies that are not under the authority of the	128
governor for the provision of technology services and the	129
development of technology projects.	130

(G)(H) As used in this section, "state:

131

(1) "Personal information" has the same meaning as in section	132
149.45 of the Revised Code.	133

(2) "State agency" means every organized body, office, or	134
agency established by the laws of the state for the exercise of	135
any function of state government, other than any state-supported	136
institution of higher education, the office of the auditor of	137
state, treasurer of state, secretary of state, or attorney	138
general, the public employees retirement system, the Ohio police	139
and fire pension fund, the state teachers retirement system, the	140
school employees retirement system, the state highway patrol	141
retirement system, the general assembly or any legislative agency,	142
or the courts or any judicial agency.	143

Sec. 149.434. (A) Each public office or person responsible	144
for public records shall maintain a database or a list that	145
includes the name and date of birth of all public officials and	146
employees elected to or employed by that public office. The	147
database or list is a public record and shall be made available	148
upon a request made pursuant to section 149.43 of the Revised	149
Code.	150

(B) As used in this section:

151

(1) "Employee" has the same meaning as in section 9.40 of the	152
Revised Code.	153

(2) "Public official" has the same meaning as in section	154
117.01 of the Revised Code.	155

(3) "Public record" has the same meaning as in section 149.43	156
of the Revised Code.	157

Sec. 149.45. (A) As used in this section:

158

(1) "Personal information" means any of the following:

159

(a) An individual's social security number;

160

(b) An individual's federal tax identification number;

161

(c) An individual's driver's license number or state	162
identification number;	163

(d) An individual's checking account number, savings account	164
number, or credit card number.	165

(2) "Public record" and "peace officer, parole officer,	166
prosecuting attorney, assistant prosecuting attorney,	167
correctional employee, youth services employee, firefighter, or	168
EMT residential and familial information" have the same meanings	169
as in section 149.43 of the Revised Code.	170

(3) "Truncate" means to redact all but the last four digits	171
of an individual's social security number.	172

(B)(1) No public office or person responsible for a public	173
office's public records shall make available to the general public	174
on the internet any document that contains an individual's social	175
security number without otherwise redacting, encrypting, or	176
truncating the social security number.	177

(2) A public office or person responsible for a public	178
office's public records that prior to the effective date of this	179
section made available to the general public on the internet any	180
document that contains an individual's social security number	181
shall redact, encrypt, or truncate the social security number	182
from that document.	183

(3) Divisions (B)(1) and (2) of this section do not apply to	184
documents that are only accessible through the internet with a	185
password.	186

(C)(1) An individual may request that a public office or a	187
person responsible for a public office's public records redact	188
personal information of that individual from any record made	189
available to the general public on the internet. An individual who	190
makes a request for redaction pursuant to this division shall	191
make the request in writing on a form developed by the attorney	192
general and shall specify the personal information to be	193
redacted and provide any information that identifies the	194
location of that personal information within a document that	195
contains that personal information.	196

(2) Upon receiving a request for a redaction pursuant to	197
division (C)(1) of this section, a public office or a person	198
responsible for a public office's public records shall act within	199
five business days in accordance with the request to redact the	200
personal information of the individual from any record made	201
available to the general public on the internet, if practicable.	202
If a redaction is not practicable, the public office or person	203
responsible for the public office's public records shall verbally	204
or in writing within five business days after receiving the	205
written request explain to the individual why the redaction is	206
impracticable.	207

(3) The attorney general shall develop a form to be used by	208
an individual to request a redaction pursuant to division (C)(1)	209
of this section. The form shall include a place to provide any	210
information that identifies the location of the personal	211
information to be redacted.	212

(D)(1) A peace officer, parole officer, prosecuting	213
attorney, assistant prosecuting attorney, correctional employee,	214
youth services employee, firefighter, or EMT may request that a	215
public office other than a county auditor or a person responsible	216
for the public records of a public office other than a county	217
auditor redact the address of the person making the request from	218
any record made available to the general public on the internet	219
that includes peace officer, parole officer, prosecuting	220
attorney, assistant prosecuting attorney, correctional	221
employee, youth services employee, firefighter, or EMT	222
residential and familial information of the person making the	223
request. A person who makes a request for a redaction pursuant	224
to this division shall make the request in writing and on a	225
form developed by the attorney general.	226

(2) Upon receiving a written request for a redaction pursuant	227
to division (D)(1) of this section, a public office other than a	228
county auditor or a person responsible for the public records of a	229
public office other than a county auditor shall act within five	230
business days in accordance with the request to redact the	231
address of the peace officer, parole officer, prosecuting	232
attorney, assistant prosecuting attorney, correctional employee,	233
youth services employee, firefighter, or EMT making the request	234
from any record made available to the general public on the	235
internet that includes peace officer, parole officer,	236
prosecuting attorney, assistant prosecuting attorney,	237
correctional employee, youth services employee, firefighter, or	238
EMT residential and familial information of the person making	239
the request, if practicable. If a redaction is not practicable,	240
the public office or person responsible for the public office's	241
public records shall verbally or in writing within five business	242
days after receiving the written request explain to the peace	243
officer, parole officer, prosecuting attorney, assistant	244
prosecuting attorney, correctional employee, youth services	245
employee, firefighter, or EMT why the redaction is	246
impracticable.	247

(3) Except as provided in this section and section 319.28 of	248
the Revised Code, a public office other than an employer of a	249
peace officer, parole officer, prosecuting attorney, assistant	250
prosecuting attorney, correctional employee, youth services	251
employee, firefighter, or EMT or a person responsible for the	252
public records of the employer is not required to redact the	253
residential and familial information of the peace officer, parole	254
officer, prosecuting attorney, assistant prosecuting attorney,	255
correctional employee, youth services employee, firefighter, or	256
EMT from other records maintained by the public office.	257

(4) The attorney general shall develop a form to be used by a	258
peace officer, parole officer, prosecuting attorney, assistant	259
prosecuting attorney, correctional employee, youth services	260
employee, firefighter, or EMT to request a redaction pursuant to	261
division (D)(1) of this section. The form shall include a place to	262
provide any information that identifies the location of the	263
address of a peace officer, parole officer, prosecuting attorney,	264
assistant prosecuting attorney, correctional employee, youth	265
services employee, firefighter, or EMT to be redacted.	266

(E)(1) If a public office or a person responsible for a	267
public office's public records becomes aware that an electronic	268
record of that public office that is made available to the	269
general public on the internet contains an individual's social	270
security number that was mistakenly not redacted, encrypted, or	271
truncated as required by division (B)(1) or (2) of this section,	272
the public office or person responsible for the public office's	273
public records shall redact, encrypt, or truncate the	274
individual's social security number within a reasonable period of	275
time.	276

(2) A public office or a person responsible for a public	277
office's public records is not liable in damages in a civil action	278
for any harm an individual allegedly sustains as a result of the	279
inclusion of that individual's personal information on any record	280
made available to the general public on the internet or any harm a	281
peace officer, parole officer prosecuting attorney, assistant	282
prosecuting attorney, correctional employee, youth services	283
employee, firefighter, or EMT sustains as a result of the	284
inclusion of the address of the peace officer, parole officer,	285
prosecuting attorney, assistant prosecuting attorney,	286
correctional employee, youth services employee, firefighter, or	287
EMT on any record made available to the general public on the	288
internet in violation of this section unless the public office or	289
person responsible for the public office's public records acted	290
with malicious purpose, in bad faith, or in a wanton or reckless	291
manner or division (A)(6)(a) or (c) of section 2744.03 of the	292
Revised Code applies.	293

Sec. 317.082.  (A) As used in this section, "preparer" means	294
any mortgage company, bank, title agency, or other person	295
responsible for filing documents with the office of a county	296
recorder for recording under section 317.08 of the Revised Code.	297

(B) Except as provided in division (C) or (D) of this	298
section, the preparer of any document to be recorded by a county	299
recorder under section 317.08 of the Revised Code shall not	300
include any individual's social security numberpersonal	301
information in any document that is filed for recording in the	302
office of the county recorder under that section. The county	303
recorder shall not accept such a document for recording if it	304
includes any individual's social security numberpersonal	305
information. If a document presented for recording includes any	306
individual's social security numberpersonal information and the	307
county recorder refuses to accept that document for recording, the	308
county recorder or the person who attempted to file the document	309
with the county recorder may immediately redact the individual's	310
social security numberpersonal information from the document.	311

The preparer is not liable in damages in a civil action for	312
any harm an individual allegedly sustains as a result of the	313
inclusion of the individual's social security numberpersonal	314
information on a document in violation of this division if the	315
preparer establishes as an affirmative defense that the preparer	316
made a good faith effort to comply with this division. The county	317
recorder and the county recorder's employees are immune from	318
liability in damages in a civil action brought against the county	319
recorder or an employee of the county recorder to recover damages	320
for any harm an individual allegedly sustains as a result of the	321
county recorder or an employee of the county recorder accepting a	322
document that includes the individual's social security number	323
personal information in violation of this division, unless the	324
county recorder or an employee of the county recorder accepted	325
that document with malicious purpose, in bad faith, or in a wanton	326
or reckless manner, or division (A)(6)(a) or (c) of section	327
2744.03 of the Revised Code applies.	328

(C) An individual who executes a document that must be filed	329
by a preparer for recording in the office of the county recorder	330
under section 317.08 of the Revised Code may execute an affidavit	331
consenting to the inclusion of the individual's social security	332
numberpersonal information in the document. If an individual	333
executes an affidavit consenting to the inclusion of the	334
individual's social security numberpersonal information in the	335
document under this division, division (B) of this section does	336
not apply to the preparer of the document or to the county	337
recorder and the county recorder's employees.	338

(D) Division (B) of this section does not apply to any of the	339
following:	340

(1) Any document that originates with any court or taxing	341
authority;	342

(2) Any document that upon its filing for recording in the	343
office of the county recorder under section 317.08 of the Revised	344
Code constitutes a nonconsensual lien against an individual;	345

(3) Any publicly recorded document that is required by	346
federal or state law to include an individual's social security	347
number or personal information.	348

(E)(1) This section does not apply to documents that were	349
executed by an individual prior to the effective date of this	350
sectionSeptember 28, 2006.	351

(2) This section, as amended by this amendment, does not	352
apply to documents that were executed by an individual on or after	353
September 28, 2006, and prior to the effective date of this	354
amendment.	355

(F) As used in this section, "personal information" has the	356
same meaning as in section 149.45 of the Revised Code.	357

Sec. 319.28. On(A) Except as otherwise provided in division	358
(B) of this section, on or before the first Monday of August,	359
annually, the county auditor shall compile and make up a general	360
tax list of real and public utility property in the county, either	361
in tabular form and alphabetical order, or, with the consent of	362
the county treasurer, by listing all parcels in a permanent parcel	363
number sequence to which a separate alphabetical index is keyed,	364
containing the names of the several persons, companies, firms,	365
partnerships, associations, and corporations in whose names real	366
property has been listed in each township, municipal corporation,	367
special district, or separate school district, or part of either	368
in histhe auditor's county, placing separately, in appropriate	369
columns opposite each name, the description of each tract, lot, or	370
parcel of real estate, the value of each tract, lot, or parcel,	371
the value of the improvements thereon, and of the names of the	372
several public utilities whose property, subject to taxation on	373
the general tax list and duplicate, has been apportioned by the	374
department of taxation to the county, and the amount so	375
apportioned to each township, municipal corporation, special	376
district, or separate school district or part of either in histhe	377
auditor's county, as shown by the certificates of apportionment of	378
public utility property. If the name of the owner of any tract,	379
lot, or parcel of real estate is unknown to the auditor, "unknown"	380
shall be entered in the column of names opposite said tract, lot,	381
or parcel. Such lists shall be prepared in duplicate. On or before	382
the first Monday of September in each year, the auditor shall	383
correct such lists in accordance with the additions and deductions	384
ordered by the tax commissioner and by the county board of	385
revision, and shall certify and on the first day of October	386
deliver one copy thereof to the county treasurer. The copies	387
prepared by the auditor shall constitute the auditor's general tax	388
list and treasurer's general duplicate of real and public utility	389
property for the current year.	390

Once a permanent parcel numbering system has been established	391
in any county as provided by the preceding paragraph, such system	392
shall remain in effect until otherwise agreed upon by the county	393
auditor and county treasurer.	394

(B)(1) A peace officer, parole officer, prosecuting attorney,	395
assistant prosecuting attorney, correctional employee, youth	396
services employee, firefighter, or EMT may submit a written	397
request by affidavit to the county auditor requesting the county	398
auditor to remove the name of the peace officer, parole officer,	399
prosecuting attorney, assistant prosecuting attorney,	400
correctional employee, youth services employee, firefighter, or	401
EMT from the general tax list of real and public utility property	402
and the general duplicate of real and public utility property and	403
insert the initials of the peace officer, parole officer,	404
prosecuting attorney, assistant prosecuting attorney,	405
correctional employee, youth services employee, firefighter, or	406
EMT on the general tax list of real and public utility property	407
and the general duplicate of real and public utility property as	408
the name of the peace official, parole officer, prosecuting	409
attorney, assistant prosecuting attorney, correctional employee,	410
youth services employee, firefighter, or EMT that appears on the	411
deed.	412

(2) Upon receiving a written request by affidavit described	413
in division (B)(1) of this section, the county auditor shall act	414
within five business days in accordance with the request to	415
remove the name of the peace officer, parole officer, prosecuting	416
attorney, assistant prosecuting attorney, correctional employee,	417
youth services employee, firefighter, or EMT from the general tax	418
list of real and public utility property and the general	419
duplicate of real and public utility property and insert initials	420
of the peace officer, parole officer, prosecuting attorney,	421
assistant prosecuting attorney, correctional employee, youth	422
services employee, firefighter, or EMT on the general tax list of	423
real and public utility property and the general duplicate of	424
real and public utility property, if practicable. If the removal	425
and insertion is not practicable, the county auditor shall	426
verbally or in writing within five business days after receiving	427
the written request explain to the peace officer, parole officer,	428
prosecuting attorney, assistant prosecuting attorney,	429
correctional employee, youth services employee, firefighter, or	430
EMT why the removal and insertion is impracticable.	431

Sec. 319.54.  (A) On all moneys collected by the county	432
treasurer on any tax duplicate of the county, other than estate	433
tax duplicates, and on all moneys received as advance payments of	434
personal property and classified property taxes, the county	435
auditor, on settlement with the treasurer and tax commissioner, on	436
or before the date prescribed by law for such settlement or any	437
lawful extension of such date, shall be allowed as compensation	438
for the county auditor's services the following percentages:	439

(1) On the first one hundred thousand dollars, two and	440
one-half per cent;	441

(2) On the next two million dollars, eight thousand three	442
hundred eighteen ten-thousandths of one per cent;	443

(3) On the next two million dollars, six thousand six hundred	444
fifty-five ten-thousandths of one per cent;	445

(4) On all further sums, one thousand six hundred sixty-three	446
ten-thousandths of one per cent.	447

If any settlement is not made on or before the date	448
prescribed by law for such settlement or any lawful extension of	449
such date, the aggregate compensation allowed to the auditor shall	450
be reduced one per cent for each day such settlement is delayed	451
after the prescribed date. No penalty shall apply if the auditor	452
and treasurer grant all requests for advances up to ninety per	453
cent of the settlement pursuant to section 321.34 of the Revised	454
Code. The compensation allowed in accordance with this section on	455
settlements made before the dates prescribed by law, or the	456
reduced compensation allowed in accordance with this section on	457
settlements made after the date prescribed by law or any lawful	458
extension of such date, shall be apportioned ratably by the	459
auditor and deducted from the shares or portions of the revenue	460
payable to the state as well as to the county, townships,	461
municipal corporations, and school districts.	462

(B) For the purpose of reimbursing county auditors for the	463
expenses associated with the increased number of applications for	464
reductions in real property taxes under sections 323.152 and	465
4503.065 of the Revised Code that results from the amendment of	466
those sections by Am. Sub. H.B. 119 of the 127th general assembly,	467
on the first day of August of each year there shall be paid from	468
the state's general revenue fund to the county treasury to the	469
credit of the real estate assessment fund created by section	470
325.31 of the Revised Code an amount equal to one per cent of the	471
total annual amount of property tax relief reimbursement paid to	472
that county under sections 323.156 and 4503.068 of the Revised	473
Code for the preceding tax year.	474

(C) From all moneys collected by the county treasurer on any	475
tax duplicate of the county, other than estate tax duplicates, and	476
on all moneys received as advance payments of personal property	477
and classified property taxes, there shall be paid into the county	478
treasury to the credit of the real estate assessment fund created	479
by section 325.31 of the Revised Code, an amount to be determined	480
by the county auditor, which shall not exceed the percentages	481
prescribed in divisions (C)(1) and (2) of this section.	482

(1) For payments made after June 30, 2007, and before 2011,	483
the following percentages:	484

(a) On the first five hundred thousand dollars, four per	485
cent;	486

(b) On the next five million dollars, two per cent;

487

(c) On the next five million dollars, one per cent;

488

(d) On all further sums not exceeding one hundred fifty	489
million dollars, three-quarters of one per cent;	490

(e) On amounts exceeding one hundred fifty million dollars,	491
five hundred eighty-five thousandths of one per cent.	492

(2) For payments made in or after 2011, the following	493
percentages:	494

(a) On the first five hundred thousand dollars, four per	495
cent;	496

(b) On the next ten million dollars, two per cent;

497

(c) On amounts exceeding ten million five hundred thousand	498
dollars, three-fourths of one per cent.	499

Such compensation shall be apportioned ratably by the auditor	500
and deducted from the shares or portions of the revenue payable to	501
the state as well as to the county, townships, municipal	502
corporations, and school districts.	503

(D) Each county auditor shall receive four per cent of the	504
amount of tax collected and paid into the county treasury, on	505
property omitted and placed by the county auditor on the tax	506
duplicate.	507

(E) On all estate tax moneys collected by the county	508
treasurer, the county auditor, on settlement semiannually with the	509
tax commissioner, shall be allowed, as compensation for the	510
auditor's services under Chapter 5731. of the Revised Code, the	511
following percentages:	512

(1) Four per cent on the first one hundred thousand dollars;

513

(2) One-half of one per cent on all additional sums.

514

Such percentages shall be computed upon the amount collected	515
and reported at each semiannual settlement, and shall be for the	516
use of the general fund of the county.	517

(F) On all cigarette license moneys collected by the county	518
treasurer, the county auditor, on settlement semiannually with the	519
treasurer, shall be allowed as compensation for the auditor's	520
services in the issuing of such licenses one-half of one per cent	521
of such moneys, to be apportioned ratably and deducted from the	522
shares of the revenue payable to the county and subdivisions, for	523
the use of the general fund of the county.	524

(G) The county auditor shall charge and receive fees as	525
follows:	526

(1) For deeds of land sold for taxes to be paid by the	527
purchaser, five dollars;	528

(2) For the transfer or entry of land, lot, or part of lot,	529
or the transfer or entry on or after January 1, 2000, of a used	530
manufactured home or mobile home as defined in section 5739.0210	531
of the Revised Code, fifty cents for each transfer or entry, to be	532
paid by the person requiring it;	533

(3) For receiving statements of value and administering	534
section 319.202 of the Revised Code, one dollar, or ten cents for	535
each one hundred dollars or fraction of one hundred dollars,	536
whichever is greater, of the value of the real property	537
transferred or, for sales occurring on or after January 1, 2000,	538
the value of the used manufactured home or used mobile home, as	539
defined in section 5739.0210 of the Revised Code, transferred,	540
except no fee shall be charged when the transfer is made:	541

(a) To or from the United States, this state, or any	542
instrumentality, agency, or political subdivision of the United	543
States or this state;	544

(b) Solely in order to provide or release security for a debt	545
or obligation;	546

(c) To confirm or correct a deed previously executed and	547
recorded or when a current owner on the general tax list of real	548
and public utility property and the general duplicate of real and	549
public utility property is a peace officer, parole officer,	550
prosecuting attorney, assistant prosecuting attorney,	551
correctional employee, youth services employee, firefighter, or	552
EMT and is changing the current owner name listed on the general	553
tax list of real and public utility property and the general	554
duplicate of real and public utility property to the initials of	555
the current owner as prescribed in division (B)(1) of section	556
319.28 of the Revised Code;	557

(d) To evidence a gift, in trust or otherwise and whether	558
revocable or irrevocable, between husband and wife, or parent and	559
child or the spouse of either;	560

(e) On sale for delinquent taxes or assessments;

561

(f) Pursuant to court order, to the extent that such transfer	562
is not the result of a sale effected or completed pursuant to such	563
order;	564

(g) Pursuant to a reorganization of corporations or	565
unincorporated associations or pursuant to the dissolution of a	566
corporation, to the extent that the corporation conveys the	567
property to a stockholder as a distribution in kind of the	568
corporation's assets in exchange for the stockholder's shares in	569
the dissolved corporation;	570

(h) By a subsidiary corporation to its parent corporation for	571
no consideration, nominal consideration, or in sole consideration	572
of the cancellation or surrender of the subsidiary's stock;	573

(i) By lease, whether or not it extends to mineral or mineral	574
rights, unless the lease is for a term of years renewable forever;	575

(j) When the value of the real property or the manufactured	576
or mobile home or the value of the interest that is conveyed does	577
not exceed one hundred dollars;	578

(k) Of an occupied residential property, including a	579
manufactured or mobile home, being transferred to the builder of a	580
new residence or to the dealer of a new manufactured or mobile	581
home when the former residence is traded as part of the	582
consideration for the new residence or new manufactured or mobile	583
home;	584

(l) To a grantee other than a dealer in real property or in	585
manufactured or mobile homes, solely for the purpose of, and as a	586
step in, the prompt sale of the real property or manufactured or	587
mobile home to others;	588

(m) To or from a person when no money or other valuable and	589
tangible consideration readily convertible into money is paid or	590
to be paid for the real estate or manufactured or mobile home and	591
the transaction is not a gift;	592

(n) Pursuant to division (B) of section 317.22 of the Revised	593
Code, or section 2113.61 of the Revised Code, between spouses or	594
to a surviving spouse pursuant to section 5302.17 of the Revised	595
Code as it existed prior to April 4, 1985, between persons	596
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	597
after April 4, 1985, to a person who is a surviving, survivorship	598
tenant pursuant to section 5302.17 of the Revised Code on or after	599
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	600

(o) To a trustee acting on behalf of minor children of the	601
deceased;	602

(p) Of an easement or right-of-way when the value of the	603
interest conveyed does not exceed one thousand dollars;	604

(q) Of property sold to a surviving spouse pursuant to	605
section 2106.16 of the Revised Code;	606

(r) To or from an organization exempt from federal income	607
taxation under section 501(c)(3) of the "Internal Revenue Code of	608
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	609
transfer is without consideration and is in furtherance of the	610
charitable or public purposes of such organization;	611

(s) Among the heirs at law or devisees, including a surviving	612
spouse, of a common decedent, when no consideration in money is	613
paid or to be paid for the real property or manufactured or mobile	614
home;	615

(t) To a trustee of a trust, when the grantor of the trust	616
has reserved an unlimited power to revoke the trust;	617

(u) To the grantor of a trust by a trustee of the trust, when	618
the transfer is made to the grantor pursuant to the exercise of	619
the grantor's power to revoke the trust or to withdraw trust	620
assets;	621

(v) To the beneficiaries of a trust if the fee was paid on	622
the transfer from the grantor of the trust to the trustee or if	623
the transfer is made pursuant to trust provisions which became	624
irrevocable at the death of the grantor;	625

(w) To a corporation for incorporation into a sports facility	626
constructed pursuant to section 307.696 of the Revised Code;	627

(x) Between persons pursuant to section 5302.18 of the	628
Revised Code.	629

The auditor shall compute and collect the fee. The auditor	630
shall maintain a numbered receipt system, as prescribed by the tax	631
commissioner, and use such receipt system to provide a receipt to	632
each person paying a fee. The auditor shall deposit the receipts	633
of the fees on conveyances in the county treasury daily to the	634
credit of the general fund of the county.	635

The real property transfer fee provided for in division	636
(G)(3) of this section shall be applicable to any conveyance of	637
real property presented to the auditor on or after January 1,	638
1968, regardless of its time of execution or delivery.	639

The transfer fee for a used manufactured home or used mobile	640
home shall be computed by and paid to the county auditor of the	641
county in which the home is located immediately prior to the	642
transfer.	643

Sec. 1349.52. (A) As used in this section:

644

(1) "Consumer credit reporting agency" means any person that,	645
for monetary fees, dues, or on a cooperative nonprofit basis,	646
regularly engages in whole or in part in the practice of	647
maintaining consumers' credit information for the purpose of	648
furnishing credit reports to third parties.	649

(2) "Credit report" means any written, oral, or other	650
communication of any credit information by a consumer credit	651
reporting agency that operates or maintains a database of consumer	652
credit information bearing on a consumer's credit worthiness,	653
credit standing, or credit capacity.	654

(3) "Security freeze" means a restriction placed in a	655
consumer's credit report at the request of the consumer that	656
prohibits a consumer credit reporting agency from releasing all or	657
any part of the consumer's credit report or any information	658
derived from the consumer's credit report relating to the	659
extension of credit without the express authorization of the	660
consumer.	661

(4) "Other comparable service" means a service for which a	662
receipt of delivery is provided.	663

(B) A consumer may elect to place a security freeze on the	664
consumer's credit report by making a request to a consumer credit	665
reporting agency in writing by certified mail or other comparable	666
service or by any secured electronic method authorized by the	667
consumer credit reporting agency.	668

(C) A consumer credit reporting agency shall place a	669
security freeze on a credit report not later than three business	670
days after receiving a request pursuant to division (B) of this	671
section. The consumer credit reporting agency shall send a	672
written confirmation of the security freeze to the consumer	673
within five business days of placing the security freeze and, at	674
the same time, shall provide the consumer with a unique personal	675
identification number or password. The number or password shall	676
not be the consumer's social security number.	677

(D) A consumer may allow the consumer's credit report to be	678
accessed for a specific party or period of time while a security	679
freeze is in place by contacting the consumer credit reporting	680
agency by certified mail or other comparable service, secure	681
electronic method selected by the consumer credit reporting	682
agency, or telephone and requesting that the security freeze be	683
temporarily lifted, and providing all of the following:	684

(1) Information generally considered sufficient to identify	685
the consumer;	686

(2) The unique personal identification number or password	687
provided by the consumer credit reporting agency pursuant to	688
division (C) of this section;	689

(3) The proper information regarding the third party who is	690
to receive the consumer credit report or the time period for which	691
the consumer credit report shall be available to users of the	692
credit report.	693

(E)(1) A consumer credit reporting agency that receives a	694
request in writing by certified mail or other comparable service	695
from a consumer to temporarily lift a security freeze on a	696
credit report pursuant to division (D) of this section shall	697
comply with the request not later than three business days after	698
receiving the request.	699

(2) Except as otherwise provided in this section, a consumer	700
credit reporting agency that receives a request by secure	701
electronic method selected by the consumer credit reporting	702
agency, telephone, or another means authorized by the consumer	703
credit reporting agency from a consumer to temporarily lift a	704
security freeze on a credit report pursuant to division (D) of	705
this section shall comply with the request not later than	706
fifteen minutes after receiving the request unless any of the	707
following applies:	708

(a) The consumer fails to meet the requirements of division	709
(D) of this section.	710

(b) The consumer credit reporting agency's ability to	711
temporarily lift the security freeze within fifteen minutes is	712
prevented by an act of God, including fire, earthquakes,	713
hurricanes, storms, or similar natural disaster or phenomena;	714
unauthorized or illegal acts by a third party, including	715
terrorism, sabotage, riot, vandalism, labor strikes or disputes	716
disrupting operations, or similar occurrence; operational	717
interruption, including electrical failure, unanticipated delay in	718
equipment or replacement part delivery, computer hardware or	719
software failures inhibiting response time, or similar disruption;	720
governmental action, including emergency orders or regulations,	721
judicial or law enforcement action, or similar directives;	722
regularly scheduled maintenance, during other than normal business	723
hours of, or updates to, the consumer credit reporting agency's	724
systems; or commercially reasonable maintenance of, or repair to,	725
the consumer credit reporting agency's systems that is unexpected	726
or unscheduled.	727

(3) A consumer credit reporting agency shall remove or	728
temporarily lift a security freeze placed on a credit report	729
only in the following cases:	730

(a) Upon consumer request pursuant to division (D) of this	731
section;	732

(b) If the credit report was frozen due to a material	733
misrepresentation of fact by the consumer. If a consumer credit	734
reporting agency intends to remove a security freeze upon a credit	735
report pursuant to division (E)(3)(b) of this section, the	736
consumer credit reporting agency shall notify the consumer in	737
writing at least five business days prior to removing the	738
security freeze on the credit report.	739

(F) A consumer credit reporting agency, when required by the	740
"Fair Credit Reporting Act," 84 Stat. 1128 (1970), 15 U.S.C.	741
1681g(c), to provide a summary of rights, or when receiving a	742
request from a consumer for information about a security freeze,	743
shall provide the following written notice:	744

"Ohio Consumers Have the Right to Obtain a Security Freeze:

745

You may obtain a security freeze on your credit report to	746
protect your privacy and ensure that credit is not granted in your	747
name without your knowledge. You have a right to place a "security	748
freeze" on your credit report pursuant to Ohio law. The security	749
freeze will prohibit a consumer credit reporting agency from	750
releasing any information in your credit report without your	751
express authorization or approval. The security freeze is designed	752
to prevent credit, loans, and services from being approved in your	753
name without your consent. When you place a security freeze on	754
your credit report, within five business days you will be provided	755
a personal identification number or password to use if you choose	756
to remove the security freeze on your credit report or to	757
temporarily authorize the release of your credit report for a	758
specific party or parties or for a specific period of time after	759
the security freeze is in place. To provide that authorization,	760
you must contact the consumer credit reporting agency and provide	761
all of the following:	762

(a) Information generally considered sufficient to identify	763
the consumer;	764

(b) The unique personal identification number or password	765
provided by the consumer credit reporting agency;	766

(c) The proper information regarding the third party who is	767
to receive the consumer credit report or the time period for which	768
the credit report shall be available to users of the credit	769
report.	770

A consumer credit reporting agency that receives a request	771
from a consumer to temporarily lift a security freeze on a credit	772
report shall comply with the request not later than fifteen	773
minutes after receiving the request.	774

A security freeze does not apply to circumstances in which	775
you have an existing account relationship and a copy of your	776
report is requested by your existing creditor or its agents or	777
affiliates for certain types of account review, collection, fraud	778
control, or similar activities.	779

If you are actively seeking credit, you should understand	780
that the procedures involved in lifting a security freeze may slow	781
your own applications for credit. You should plan ahead and lift a	782
freeze, either completely if you are shopping around, or	783
specifically for a certain creditor, a few days before actually	784
applying for new credit."	785

(G) Except as otherwise provided in division (E) of this	786
section, a consumer credit reporting agency shall keep a security	787
freeze in place until the consumer requests that the security	788
freeze be removed. A consumer credit reporting agency shall remove	789
a security freeze within three business days of receiving a	790
request by telephone or by any other means authorized by the	791
consumer credit reporting agency for removal from the consumer	792
when the consumer provides the following:	793

(1) Information generally considered sufficient to identify	794
the consumer;	795

(2) The unique personal identification number or password	796
provided by the consumer credit reporting agency pursuant to	797
division (C) of this section.	798

(H) A consumer credit reporting agency may release a credit	799
report on which a security freeze has been placed to the	800
following:	801

(1) A person, or subsidiary, affiliate, or agent of that	802
person, or an assignee of a financial obligation owing by the	803
consumer to that person, or a prospective assignee of a financial	804
obligation owing by the consumer to that person in conjunction	805
with the proposed purchase of the financial obligation, with which	806
the consumer has or had prior to assignment an account or	807
contract, including a demand deposit account, or to whom the	808
consumer issued a negotiable instrument, for the purposes of	809
reviewing the account or collecting the financial obligation owing	810
for the account, contract, or negotiable instrument. For purposes	811
of this paragraph, "reviewing the account" includes activities	812
related to account maintenance, monitoring, credit line increases,	813
and account upgrades and enhancements.	814

(2) A subsidiary, affiliate, agent, assignee, or prospective	815
assignee of a person to whom access has been granted under	816
division (D) of this section, for purposes of facilitating the	817
extension of credit or other permissible use;	818

(3) Any state or local law enforcement agency, trial court,	819
or private collection agency acting pursuant to a court order,	820
warrant, or subpoena;	821

(4) Any federal, state, or local governmental entity, agency,	822
or instrumentality that is acting within the entity's, agency's,	823
or instrumentality's authority;	824

(5) A state or local child support enforcement agency;

825

(6) A person seeking to use the information contained in the	826
consumer's credit report for the purpose of prescreening pursuant	827
to the "Fair Credit Reporting Act," 84 Stat. 1128 (1970), 15	828
U.S.C. 1681 et seq.;	829

(7) Any person or entity administering a credit file	830
monitoring subscription service to which the consumer has	831
subscribed;	832

(8) Any person or entity providing a consumer with a copy of	833
the consumer's credit report upon the consumer's request;	834

(9) Any person or entity for use in setting or adjusting a	835
rate, adjusting a claim, or underwriting for insurance purposes;	836

(10) Any person or entity acting to investigate fraud or	837
acting to investigate or collect delinquent taxes or unpaid court	838
orders provided those responsibilities are consistent with section	839
1681b of the "Fair Credit Reporting Act," 15 U.S.C. 1681 et seq.	840

(I)(1) A consumer credit reporting agency may charge a	841
consumer a reasonable fee not to exceed five dollars for placing a	842
security freeze on that consumer's credit report. If the consumer	843
is a victim of a violation of section 2913.49 of the Revised Code,	844
the consumer credit reporting agency shall not charge a fee to	845
place a security freeze on that consumer's credit report, but that	846
consumer shall send a copy of the police report related to the	847
violation of section 2913.49 of the Revised Code to the consumer	848
credit reporting agency.	849

(2) A consumer credit reporting agency may charge a consumer	850
a reasonable fee not to exceed five dollars for removing or	851
temporarily lifting a security freeze on that consumer's credit	852
report if the consumer elects to remove or temporarily lift the	853
security freeze on the consumer's credit report for a specific	854
creditor and may charge a consumer a reasonable fee not to exceed	855
five dollars if the consumer elects to temporarily lift the	856
security freeze for a specified period of time.	857

(3) A consumer credit reporting agency may charge a	858
reasonable fee not to exceed five dollars to a consumer who fails	859
to retain the original personal identification number provided by	860
the consumer credit reporting agency and must be reissued the same	861
or a new personal identification number.	862

(J) If a security freeze is in place, a consumer credit	863
reporting agency shall not change any of the following official	864
information in a credit report without sending a written	865
confirmation of the change to the consumer within thirty days of	866
the change being posted to the consumer's file: name; date of	867
birth; social security number; or address. Written confirmation is	868
not required for technical modifications of a consumer's official	869
information, including name and street abbreviations, complete	870
spellings, or transposition of numbers or letters. In the case of	871
an address change, the written confirmation shall be sent to both	872
the new address and to the former address.	873

(K) The provisions of this section do not apply to a consumer	874
credit reporting agency that acts only as a reseller of credit	875
information by assembling and merging information contained in the	876
database of another consumer credit reporting agency or multiple	877
consumer credit reporting agencies and does not maintain a	878
permanent database of credit information from which new credit	879
reports are produced, except that the reseller of credit	880
information shall honor any security freeze placed on a credit	881
report by another consumer credit reporting agency.	882

(L) The following entities are not required to place a	883
security freeze in a credit report:	884

(1) A check services company or fraud prevention services	885
company that issues reports on incidents of fraud or	886
authorizations for the purpose of approving or processing	887
negotiable instruments, electronic funds transfers, or similar	888
methods of payments;	889

(2) A demand deposit account information service company that	890
issues reports, regarding account closures due to fraud,	891
substantial overdrafts, automated teller machine abuse, or similar	892
negative information regarding a consumer, to inquiring banks or	893
other financial institutions for use only in reviewing a consumer	894
request for a demand deposit account at the inquiring bank or	895
financial institution.	896

(M)(1) The attorney general may conduct an investigation if	897
the attorney general, based on complaints or the attorney	898
general's own inquiries, has reason to believe that a consumer	899
credit reporting agency has failed or is failing to comply with	900
this section.	901

(2) In any investigation conducted pursuant to this section,	902
the attorney general may administer oaths, subpoena witnesses,	903
adduce evidence, and subpoena the production of any book,	904
document, record, or other relevant matter.	905

(3) If the attorney general under division (M)(2) of this	906
section subpoenas the production of any relevant matter that is	907
located outside this state, the attorney general may designate a	908
representative, including an official of the state in which that	909
relevant matter is located, to inspect the relevant matter on the	910
attorney general's behalf. The attorney general may carry out	911
similar requests received from officials of other states.	912

(4) Any person who is subpoenaed to produce relevant matter	913
pursuant to division (M)(2) of this section shall make that	914
relevant matter available at a convenient location within this	915
state or the state of the representative designated under division	916
(M)(3) of this section.	917

(5) Any person who is subpoenaed as a witness or to produce	918
relevant matter pursuant to division (M)(2) of this section may	919
file in the court of common pleas of Franklin county, the county	920
in this state in which the person resides, or the county in this	921
state in which the person's principal place of business is located	922
a petition to extend for good cause shown the date on which the	923
subpoena is to be returned or to modify or quash for good cause	924
shown that subpoena. The person may file the petition at any time	925
prior to the date specified for the return of the subpoena or	926
within twenty days after the service of the subpoena, whichever is	927
earlier.	928

(6) Any person who is subpoenaed as a witness or to produce	929
relevant matter pursuant to division (M)(2) of this section shall	930
comply with the terms of the subpoena unless the court orders	931
otherwise prior to the date specified for the return of the	932
subpoena or, if applicable, that date as extended. If a person	933
fails without lawful excuse to obey a subpoena, the attorney	934
general may apply to the court of common pleas for an order that	935
does one or more of the following:	936

(a) Compels the requested discovery;

937

(b) Adjudges the person in contempt of court;

938

(c) Grants injunctive relief to restrain the person from	939
failing to comply with section 1347.12 or 1349.19 of the Revised	940
Code, whichever is applicable;	941

(d) Grants injunctive relief to preserve or restore the	942
status quo;	943

(e) Grants other relief that may be required until the person	944
obeys the subpoena.	945

(N)(1) The attorney general has the authority to bring a	946
civil action in a court of common pleas for appropriate relief	947
under this section, including a temporary restraining order,	948
preliminary or permanent injunction, and civil penalties, if it	949
appears that a consumer credit reporting agency has failed or is	950
failing to comply with this section. Upon its finding that a	951
consumer credit reporting agency has intentionally or recklessly	952
failed to comply with this section, the court shall impose a civil	953
penalty upon the consumer credit reporting agency of up to two	954
thousand five hundred dollars for each instance that the consumer	955
credit reporting agency fails to comply.	956

(2) Any civil penalty that is assessed under division (N)(1)	957
of this section shall be deposited into the consumer protection	958
enforcement fund created by section 1345.51 of the Revised Code.	959

(3) In determining the appropriate civil penalty to assess	960
under division (N)(1) of this section, the court shall consider	961
all relevant factors, including the degree of the defendant's	962
culpability, any history of prior violations of this section by	963
the defendant, the defendant's ability to pay, the effect of the	964
court's decision on the defendant's ability to continue to conduct	965
the defendant's business, and whether or not the defendant acted	966
in bad faith in failing to comply with this section.	967

(O) Any consumer credit reporting agency that is found by the	968
court to have failed to comply with this section is liable to the	969
attorney general for the attorney general's costs in conducting an	970
investigation and bringing an action under this section.	971

(P) The rights and remedies that are provided under this	972
section are in addition to any other rights or remedies that are	973
provided by law.	974

Sec. 1349.53. (A) If a consumer credit reporting agency	975
willfully fails to comply with division (C) or (J) of section	976
1349.52 of the Revised Code, the consumer may file a civil action	977
against the consumer credit reporting agency. In the civil	978
action, the consumer may recover all of the following:	979

(1) Actual damages sustained by the consumer as a result of	980
the consumer credit reporting agency's failure to comply with	981
division (C) or (J) of section 1349.52 of the Revised Code or	982
damages of not less than one hundred dollars and not more than	983
one thousand dollars, whichever is greater;	984

(2) Punitive damages;

985

(3) Court costs and reasonable attorney's fees.

986

(B) A person who obtains a consumer's credit report from a	987
consumer credit reporting agency under false pretenses or	988
knowingly without the permission of the consumer is liable to the	989
consumer credit reporting agency for actual damages sustained by	990
the consumer credit reporting agency or one thousand dollars,	991
whichever is greater.	992

(C) If a consumer credit reporting agency negligently fails	993
to comply with division (C) or (J) of section 1349.52 of the	994
Revised Code, the consumer may file a civil action against the	995
consumer credit reporting agency. In the civil action, the	996
consumer may recover all of the following:	997

(1) Actual damages sustained by the consumer as a result of	998
the consumer credit reporting agency's failure to comply with	999
division (C) or (J) of section 1349.52 of the Revised Code or as	1000
a result of the consumer credit reporting agency negligently	1001
allowing another person to obtain a consumer's credit report;	1002

(2) Court costs and reasonable attorney's fees.

1003

(D) If the court finds that a civil action under division (A)	1004
or (C) of this section was brought in bad faith or for the	1005
purposes of harassment, the court shall award to the prevailing	1006
party reasonable attorney's fees in relation to the work expended	1007
in responding to the civil action.	1008

(E) A person shall bring a civil action under division (A) or	1009
(C) of this section not later than the earlier of the following:	1010

(1) Two years after the date of discovery by the plaintiff of	1011
a violation of division (C) or (J) of section 1349.52 of the	1012
Revised Code;	1013

(2) Five years after the date a violation of division (C) or	1014
(J) of section 1349.52 of the Revised Code occurs.	1015

(F) A consumer credit reporting agency is not liable in	1016
damages in a civil action brought pursuant to division (A) of this	1017
section for any damages a consumer allegedly sustains as a result	1018
of the consumer credit reporting agency's placement of a security	1019
freeze in violation of division (C) of section 1349.52 of the	1020
Revised Code on the consumer's credit report if the consumer	1021
credit reporting agency establishes as an affirmative defense	1022
that the consumer credit reporting agency made a good faith	1023
effort to comply with that division and the consumer credit	1024
reporting agency placed a security freeze on the consumer's	1025
credit report as a result of a misrepresentation of fact by	1026
another consumer.	1027

Sec. 2305.09. AnExcept as provided for in division (C) of	1028
this section, an action for any of the following causes shall be	1029
brought within four years after the cause thereof accrued:	1030

(A) For trespassing upon real property;

1031

(B) For the recovery of personal property, or for taking or	1032
detaining it;	1033

(C) For relief on the ground of fraud, except when the cause	1034
of action is a violation of section 2913.49 of the Revised Code,	1035
in which case the action shall be brought within five years after	1036
the cause thereof accrued;	1037

(D) For an injury to the rights of the plaintiff not arising	1038
on contract nor enumerated in sections 1304.35, 2305.10 to	1039
2305.12, and 2305.14 of the Revised Code;	1040

(E) For relief on the grounds of a physical or regulatory	1041
taking of real property.	1042

If the action is for trespassing under ground or injury to	1043
mines, or for the wrongful taking of personal property, the causes	1044
thereof shall not accrue until the wrongdoer is discovered; nor,	1045
if it is for fraud, until the fraud is discovered.	1046

Sec. 2901.13.  (A)(1) Except as provided in division (A)(2)	1047
or (3) of this section or as otherwise provided in this section, a	1048
prosecution shall be barred unless it is commenced within the	1049
following periods after an offense is committed:	1050

(a) For a felony, six years;

1051

(b) For a misdemeanor other than a minor misdemeanor, two	1052
years;	1053

(c) For a minor misdemeanor, six months.

1054

(2) There is no period of limitation for the prosecution of a	1055
violation of section 2903.01 or 2903.02 of the Revised Code.	1056

(3) Except as otherwise provided in divisions (B) to (H) of	1057
this section, a prosecution of any of the following offenses shall	1058
be barred unless it is commenced within twenty years after the	1059
offense is committed:	1060

(a) A violation of section 2903.03, 2903.04, 2905.01,	1061
2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22,	1062
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,	1063
2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a	1064
violation of section 2903.11 or 2903.12 of the Revised Code if the	1065
victim is a peace officer, a violation of section 2903.13 of the	1066
Revised Code that is a felony, or a violation of former section	1067
2907.12 of the Revised Code;	1068

(b) A conspiracy to commit, attempt to commit, or complicity	1069
in committing a violation set forth in division (A)(3)(a) of this	1070
section.	1071

(B) If(1) Except as otherwise provided in division (B)(2) of	1072
this section, if the period of limitation provided in division	1073
(A)(1) or (3) of this section has expired, prosecution shall be	1074
commenced for an offense of which an element is fraud or breach of	1075
a fiduciary duty, within one year after discovery of the offense	1076
either by an aggrieved person, or by the aggrieved person's legal	1077
representative who is not a party to the offense.	1078

(2) If the period of limitation provided in division (A)(1)	1079
or (3) of this section has expired, prosecution for a violation of	1080
section 2913.49 of the Revised Code shall be commenced within five	1081
years after discovery of the offense either by an aggrieved person	1082
or the aggrieved person's legal representative who is not a party	1083
to the offense.	1084

(C) If the period of limitation provided in division (A)(1)	1085
or (3) of this section has expired, prosecution shall be commenced	1086
for an offense involving misconduct in office by a public servant	1087
as defined in section 2921.01 of the Revised Code, at any time	1088
while the accused remains a public servant, or within two years	1089
thereafter.	1090

(D) An offense is committed when every element of the offense	1091
occurs. In the case of an offense of which an element is a	1092
continuing course of conduct, the period of limitation does not	1093
begin to run until such course of conduct or the accused's	1094
accountability for it terminates, whichever occurs first.	1095

(E) A prosecution is commenced on the date an indictment is	1096
returned or an information filed, or on the date a lawful arrest	1097
without a warrant is made, or on the date a warrant, summons,	1098
citation, or other process is issued, whichever occurs first. A	1099
prosecution is not commenced by the return of an indictment or the	1100
filing of an information unless reasonable diligence is exercised	1101
to issue and execute process on the same. A prosecution is not	1102
commenced upon issuance of a warrant, summons, citation, or other	1103
process, unless reasonable diligence is exercised to execute the	1104
same.	1105

(F) The period of limitation shall not run during any time	1106
when the corpus delicti remains undiscovered.	1107

(G) The period of limitation shall not run during any time	1108
when the accused purposely avoids prosecution. Proof that the	1109
accused departed this state or concealed the accused's identity or	1110
whereabouts is prima-facie evidence of the accused's purpose to	1111
avoid prosecution.	1112

(H) The period of limitation shall not run during any time a	1113
prosecution against the accused based on the same conduct is	1114
pending in this state, even though the indictment, information, or	1115
process which commenced the prosecution is quashed or the	1116
proceedings thereon are set aside or reversed on appeal.	1117

(I) The period of limitation for a violation of any provision	1118
of Title XXIX of the Revised Code that involves a physical or	1119
mental wound, injury, disability, or condition of a nature that	1120
reasonably indicates abuse or neglect of a child under eighteen	1121
years of age or of a mentally retarded, developmentally disabled,	1122
or physically impaired child under twenty-one years of age shall	1123
not begin to run until either of the following occurs:	1124

(1) The victim of the offense reaches the age of majority.

1125

(2) A public children services agency, or a municipal or	1126
county peace officer that is not the parent or guardian of the	1127
child, in the county in which the child resides or in which the	1128
abuse or neglect is occurring or has occurred has been notified	1129
that abuse or neglect is known, suspected, or believed to have	1130
occurred.	1131

(J) As used in this section, "peace officer" has the same	1132
meaning as in section 2935.01 of the Revised Code.	1133

Section 2.  That existing sections 125.18, 317.082, 319.28,	1134
319.54, 2305.09, and 2901.13 of the Revised Code are hereby	1135
repealed.	1136

Section 3. Sections 1 and 2 of this act shall take effect on	1137
September 1, 2008.	1138

Section 4. The Office of Criminal Justice Services shall make	1139
one-time state funding grants available to local law enforcement	1140
agencies to enable the local law enforcement agencies to develop	1141
capabilities to enforce identity fraud crimes. The Executive	1142
Director of Criminal Justice Services shall adopt rules for the	1143
evaluation of such grant requests and for the allocation and	1144
disbursement of such grants. The authority of the Office of	1145
Criminal Justice Services to allocate and disburse grants under	1146
this section shall expire two years after the effective date of	1147
this act.	1148