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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 |
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 | 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 |
| 123 |
contracts for, operate, and superintend technology supplies and | 124 |
services for state agencies in accordance with this chapter. | 125 |
| 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 |
| 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 | 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 | 305 |
information. If a document presented for recording includes any | 306 |
individual's | 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 |
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 | 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 | 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 | 332 |
333 | |
executes an affidavit consenting to the inclusion of the | 334 |
individual's | 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 | 350 |
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. | 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 | 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 | 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. | 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) | 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 |