As Introduced

127th General Assembly Regular Session 2007-2008

H. B. No. 545

Representative Widener 

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A BILL

To amend sections 109.572, 135.63, 1109.20, 1151.29,

1

1181.05, 1181.21, 1181.25, 1315.99, 1321.02,

2

1321.21, 1321.99, 1345.01, 1349.71, 1349.72,

3

1733.25, and 2307.61, to enact sections 121.085,

4

135.68, 135.69, 135.70, 1321.35, 1321.36,

5

1321.37, 1321.38, 1321.39, 1321.40, 1321.41,

6

1321.42, 1321.43, 1321.44, 1321.45, 1321.46,

7

1321.47, and 1321.48, and to repeal sections

8

1315.35, 1315.36, 1315.37, 1315.38, 1315.39,

9

1315.40, 1315.41, 1315.42, 1315.43, and 1315.44

10

of the Revised Code to repeal the Check-Cashing

11

Lender Law, to establish the short-term lender

12

law, to authorize depository financial

13

institutions to make short-term loans with

14

special terms, to create a short-term

15

installment loan linked deposit program, and to

16

expand the responsibilities of the Consumer

17

Finance Education Board.

18

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

Section 1. That sections 109.572, 135.63, 1109.20, 1151.29,	19
1181.05, 1181.21, 1181.25, 1315.99, 1321.02, 1321.21, 1321.99,	20
1345.01, 1349.71, 1349.72, 1733.25, and 2307.61 be amended, and	21
sections 121.085, 135.68, 135.69, 135.70, 1321.35, 1321.36,	22
1321.37, 1321.38, 1321.39, 1321.40, 1321.41, 1321.42, 1321.43,	23
1321.44, 1321.45, 1321.46, 1321.47, and 1321.48 of the Revised	24
Code be enacted to read as follows:	25

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	26
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013	27
of the Revised Code, a completed form prescribed pursuant to	28
division (C)(1) of this section, and a set of fingerprint	29
impressions obtained in the manner described in division (C)(2) of	30
this section, the superintendent of the bureau of criminal	31
identification and investigation shall conduct a criminal records	32
check in the manner described in division (B) of this section to	33
determine whether any information exists that indicates that the	34
person who is the subject of the request previously has been	35
convicted of or pleaded guilty to any of the following:	36

(a) A violation of section 2903.01, 2903.02, 2903.03,	37
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	38
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	39
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	40
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	41
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	42
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	43
2925.06, or 3716.11 of the Revised Code, felonious sexual	44
penetration in violation of former section 2907.12 of the Revised	45
Code, a violation of section 2905.04 of the Revised Code as it	46
existed prior to July 1, 1996, a violation of section 2919.23 of	47
the Revised Code that would have been a violation of section	48
2905.04 of the Revised Code as it existed prior to July 1, 1996,	49
had the violation been committed prior to that date, or a	50
violation of section 2925.11 of the Revised Code that is not a	51
minor drug possession offense;	52

(b) A violation of an existing or former law of this state,	53
any other state, or the United States that is substantially	54
equivalent to any of the offenses listed in division (A)(1)(a) of	55
this section.	56

(2) On receipt of a request pursuant to section 5123.081 of	57
the Revised Code with respect to an applicant for employment in	58
any position with the department of mental retardation and	59
developmental disabilities, pursuant to section 5126.28 of the	60
Revised Code with respect to an applicant for employment in any	61
position with a county board of mental retardation and	62
developmental disabilities, or pursuant to section 5126.281 of the	63
Revised Code with respect to an applicant for employment in a	64
direct services position with an entity contracting with a county	65
board for employment, a completed form prescribed pursuant to	66
division (C)(1) of this section, and a set of fingerprint	67
impressions obtained in the manner described in division (C)(2) of	68
this section, the superintendent of the bureau of criminal	69
identification and investigation shall conduct a criminal records	70
check. The superintendent shall conduct the criminal records check	71
in the manner described in division (B) of this section to	72
determine whether any information exists that indicates that the	73
person who is the subject of the request has been convicted of or	74
pleaded guilty to any of the following:	75

(a) A violation of section 2903.01, 2903.02, 2903.03,	76
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	77
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	78
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	79
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	80
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	81
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	82
2925.03, or 3716.11 of the Revised Code;	83

(b) An existing or former municipal ordinance or law of this	84
state, any other state, or the United States that is substantially	85
equivalent to any of the offenses listed in division (A)(2)(a) of	86
this section.	87

(3) On receipt of a request pursuant to section 173.27,	88
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	89
completed form prescribed pursuant to division (C)(1) of this	90
section, and a set of fingerprint impressions obtained in the	91
manner described in division (C)(2) of this section, the	92
superintendent of the bureau of criminal identification and	93
investigation shall conduct a criminal records check with respect	94
to any person who has applied for employment in a position for	95
which a criminal records check is required by those sections. The	96
superintendent shall conduct the criminal records check in the	97
manner described in division (B) of this section to determine	98
whether any information exists that indicates that the person who	99
is the subject of the request previously has been convicted of or	100
pleaded guilty to any of the following:	101

(a) A violation of section 2903.01, 2903.02, 2903.03,	102
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	103
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	104
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	105
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	106
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	107
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	108
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	109
2925.22, 2925.23, or 3716.11 of the Revised Code;	110

(b) An existing or former law of this state, any other state,	111
or the United States that is substantially equivalent to any of	112
the offenses listed in division (A)(3)(a) of this section.	113

(4) On receipt of a request pursuant to section 3701.881 of	114
the Revised Code with respect to an applicant for employment with	115
a home health agency as a person responsible for the care,	116
custody, or control of a child, a completed form prescribed	117
pursuant to division (C)(1) of this section, and a set of	118
fingerprint impressions obtained in the manner described in	119
division (C)(2) of this section, the superintendent of the bureau	120
of criminal identification and investigation shall conduct a	121
criminal records check. The superintendent shall conduct the	122
criminal records check in the manner described in division (B) of	123
this section to determine whether any information exists that	124
indicates that the person who is the subject of the request	125
previously has been convicted of or pleaded guilty to any of the	126
following:	127

(a) A violation of section 2903.01, 2903.02, 2903.03,	128
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	129
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	130
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	131
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	132
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	133
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	134
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	135
violation of section 2925.11 of the Revised Code that is not a	136
minor drug possession offense;	137

(b) An existing or former law of this state, any other state,	138
or the United States that is substantially equivalent to any of	139
the offenses listed in division (A)(4)(a) of this section.	140

(5) On receipt of a request pursuant to section 5111.032,	141
5111.033, or 5111.034 of the Revised Code, a completed form	142
prescribed pursuant to division (C)(1) of this section, and a set	143
of fingerprint impressions obtained in the manner described in	144
division (C)(2) of this section, the superintendent of the bureau	145
of criminal identification and investigation shall conduct a	146
criminal records check. The superintendent shall conduct the	147
criminal records check in the manner described in division (B) of	148
this section to determine whether any information exists that	149
indicates that the person who is the subject of the request	150
previously has been convicted of, has pleaded guilty to, or has	151
been found eligible for intervention in lieu of conviction for	152
any of the following:	153

(a) A violation of section 2903.01, 2903.02, 2903.03,	154
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	155
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	156
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	157
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	158
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	159
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	160
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	161
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	162
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	163
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	164
3716.11 of the Revised Code, felonious sexual penetration in	165
violation of former section 2907.12 of the Revised Code, a	166
violation of section 2905.04 of the Revised Code as it existed	167
prior to July 1, 1996, a violation of section 2919.23 of the	168
Revised Code that would have been a violation of section 2905.04	169
of the Revised Code as it existed prior to July 1, 1996, had the	170
violation been committed prior to that date;	171

(b) An existing or former law of this state, any other state,	172
or the United States that is substantially equivalent to any of	173
the offenses listed in division (A)(5)(a) of this section.	174

(6) On receipt of a request pursuant to section 3701.881 of	175
the Revised Code with respect to an applicant for employment with	176
a home health agency in a position that involves providing direct	177
care to an older adult, a completed form prescribed pursuant to	178
division (C)(1) of this section, and a set of fingerprint	179
impressions obtained in the manner described in division (C)(2) of	180
this section, the superintendent of the bureau of criminal	181
identification and investigation shall conduct a criminal records	182
check. The superintendent shall conduct the criminal records check	183
in the manner described in division (B) of this section to	184
determine whether any information exists that indicates that the	185
person who is the subject of the request previously has been	186
convicted of or pleaded guilty to any of the following:	187

(a) A violation of section 2903.01, 2903.02, 2903.03,	188
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	189
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	190
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	191
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	192
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	193
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	194
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	195
2925.22, 2925.23, or 3716.11 of the Revised Code;	196

(b) An existing or former law of this state, any other state,	197
or the United States that is substantially equivalent to any of	198
the offenses listed in division (A)(6)(a) of this section.	199

(7) When conducting a criminal records check upon a request	200
pursuant to section 3319.39 of the Revised Code for an applicant	201
who is a teacher, in addition to the determination made under	202
division (A)(1) of this section, the superintendent shall	203
determine whether any information exists that indicates that the	204
person who is the subject of the request previously has been	205
convicted of or pleaded guilty to any offense specified in section	206
3319.31 of the Revised Code.	207

(8) On receipt of a request pursuant to section 2151.86 of	208
the Revised Code, a completed form prescribed pursuant to	209
division (C)(1) of this section, and a set of fingerprint	210
impressions obtained in the manner described in division (C)(2)	211
of this section, the superintendent of the bureau of criminal	212
identification and investigation shall conduct a criminal records	213
check in the manner described in division (B) of this section to	214
determine whether any information exists that indicates that the	215
person who is the subject of the request previously has been	216
convicted of or pleaded guilty to any of the following:	217

(a) A violation of section 2903.01, 2903.02, 2903.03,	218
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	219
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	220
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	221
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	222
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	223
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	224
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	225
violation of section 2905.04 of the Revised Code as it existed	226
prior to July 1, 1996, a violation of section 2919.23 of the	227
Revised Code that would have been a violation of section 2905.04	228
of the Revised Code as it existed prior to July 1, 1996, had the	229
violation been committed prior to that date, a violation of	230
section 2925.11 of the Revised Code that is not a minor drug	231
possession offense, or felonious sexual penetration in violation	232
of former section 2907.12 of the Revised Code;	233

(b) A violation of an existing or former law of this state,	234
any other state, or the United States that is substantially	235
equivalent to any of the offenses listed in division (A)(8)(a) of	236
this section.	237

(9) When conducting a criminal records check on a request	238
pursuant to section 5104.013 of the Revised Code for a person who	239
is an owner, licensee, or administrator of a child day-care center	240
or type A family day-care home, an authorized provider of a	241
certified type B family day-care home, or an adult residing in a	242
type A or certified type B home, or when conducting a criminal	243
records check or a request pursuant to section 5104.012 of the	244
Revised Code for a person who is an applicant for employment in a	245
center, type A home, or certified type B home, the superintendent,	246
in addition to the determination made under division (A)(1) of	247
this section, shall determine whether any information exists that	248
indicates that the person has been convicted of or pleaded guilty	249
to any of the following:	250

(a) A violation of section 2913.02, 2913.03, 2913.04,	251
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	252
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	253
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	254
2921.13, or 2923.01 of the Revised Code, a violation of section	255
2923.02 or 2923.03 of the Revised Code that relates to a crime	256
specified in this division or division (A)(1)(a) of this section,	257
or a second violation of section 4511.19 of the Revised Code	258
within five years of the date of application for licensure or	259
certification.	260

(b) A violation of an existing or former law of this state,	261
any other state, or the United States that is substantially	262
equivalent to any of the offenses or violations described in	263
division (A)(9)(a) of this section.	264

(10) Upon receipt of a request pursuant to section 5153.111	265
of the Revised Code, a completed form prescribed pursuant to	266
division (C)(1) of this section, and a set of fingerprint	267
impressions obtained in the manner described in division (C)(2) of	268
this section, the superintendent of the bureau of criminal	269
identification and investigation shall conduct a criminal records	270
check in the manner described in division (B) of this section to	271
determine whether any information exists that indicates that the	272
person who is the subject of the request previously has been	273
convicted of or pleaded guilty to any of the following:	274

(a) A violation of section 2903.01, 2903.02, 2903.03,	275
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	276
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	277
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	278
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	279
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	280
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	281
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	282
felonious sexual penetration in violation of former section	283
2907.12 of the Revised Code, a violation of section 2905.04 of the	284
Revised Code as it existed prior to July 1, 1996, a violation of	285
section 2919.23 of the Revised Code that would have been a	286
violation of section 2905.04 of the Revised Code as it existed	287
prior to July 1, 1996, had the violation been committed prior to	288
that date, or a violation of section 2925.11 of the Revised Code	289
that is not a minor drug possession offense;	290

(b) A violation of an existing or former law of this state,	291
any other state, or the United States that is substantially	292
equivalent to any of the offenses listed in division (A)(10)(a) of	293
this section.	294

(11) On receipt of a request for a criminal records check	295
from an individual pursuant to section 4749.03 or 4749.06 of the	296
Revised Code, accompanied by a completed copy of the form	297
prescribed in division (C)(1) of this section and a set of	298
fingerprint impressions obtained in a manner described in division	299
(C)(2) of this section, the superintendent of the bureau of	300
criminal identification and investigation shall conduct a criminal	301
records check in the manner described in division (B) of this	302
section to determine whether any information exists indicating	303
that the person who is the subject of the request has been	304
convicted of or pleaded guilty to a felony in this state or in any	305
other state. If the individual indicates that a firearm will be	306
carried in the course of business, the superintendent shall	307
require information from the federal bureau of investigation as	308
described in division (B)(2) of this section. The superintendent	309
shall report the findings of the criminal records check and any	310
information the federal bureau of investigation provides to the	311
director of public safety.	312

(12) On receipt of a request pursuant to section 1321.37,	313
1322.03, 1322.031, or 4763.05 of the Revised Code, a completed	314
form prescribed pursuant to division (C)(1) of this section, and	315
a set of fingerprint impressions obtained in the manner described	316
in division (C)(2) of this section, the superintendent of the	317
bureau of criminal identification and investigation shall conduct	318
a criminal records check with respect to any person who has	319
applied for a license, permit, or certification from the	320
department of commerce or a division in the department. The	321
superintendent shall conduct the criminal records check in the	322
manner described in division (B) of this section to determine	323
whether any information exists that indicates that the person who	324
is the subject of the request previously has been convicted of or	325
pleaded guilty to any of the following: a violation of section	326
2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised	327
Code; any other criminal offense involving theft, receiving	328
stolen property, embezzlement, forgery, fraud, passing bad	329
checks, money laundering, or drug trafficking, or any criminal	330
offense involving money or securities, as set forth in Chapters	331
2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the	332
Revised Code; or any existing or former law of this state, any	333
other state, or the United States that is substantially	334
equivalent to those offenses.	335

(13) On receipt of a request for a criminal records check	336
from the treasurer of state under section 113.041 of the Revised	337
Code or from an individual under section 4701.08, 4715.101,	338
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	339
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	340
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	341
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	342
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	343
by a completed form prescribed under division (C)(1) of this	344
section and a set of fingerprint impressions obtained in the	345
manner described in division (C)(2) of this section, the	346
superintendent of the bureau of criminal identification and	347
investigation shall conduct a criminal records check in the	348
manner described in division (B) of this section to determine	349
whether any information exists that indicates that the person who	350
is the subject of the request has been convicted of or pleaded	351
guilty to any criminal offense in this state or any other state.	352
The superintendent shall send the results of a check requested	353
under section 113.041 of the Revised Code to the treasurer of	354
state and shall send the results of a check requested under any of	355
the other listed sections to the licensing board specified by the	356
individual in the request.	357

(14) Not later than thirty days after the date the	358
superintendent receives a request of a type described in division	359
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or	360
(12) of this section, the completed form, and the fingerprint	361
impressions, the superintendent shall send the person, board, or	362
entity that made the request any information, other than	363
information the dissemination of which is prohibited by federal	364
law, the superintendent determines exists with respect to the	365
person who is the subject of the request that indicates that the	366
person previously has been convicted of or pleaded guilty to any	367
offense listed or described in division (A)(1), (2), (3), (4),	368
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	369
appropriate. The superintendent shall send the person, board, or	370
entity that made the request a copy of the list of offenses	371
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	372
(9), (10), (11), or (12) of this section, as appropriate. If the	373
request was made under section 3701.881 of the Revised Code with	374
regard to an applicant who may be both responsible for the care,	375
custody, or control of a child and involved in providing direct	376
care to an older adult, the superintendent shall provide a list of	377
the offenses specified in divisions (A)(4) and (6) of this	378
section.	379

Not later than thirty days after the superintendent receives	380
a request for a criminal records check pursuant to section 113.041	381
of the Revised Code, the completed form, and the fingerprint	382
impressions, the superintendent shall send the treasurer of state	383
any information, other than information the dissemination of which	384
is prohibited by federal law, the superintendent determines exist	385
with respect to the person who is the subject of the request that	386
indicates that the person previously has been convicted of or	387
pleaded guilty to any criminal offense in this state or any other	388
state.	389

(B) The superintendent shall conduct any criminal records	390
check requested under section 113.041, 121.08, 173.27, 173.394,	391
1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	392
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	393
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	394
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	395
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	396
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	397
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	398
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	399
5126.281, or 5153.111 of the Revised Code as follows:	400

(1) The superintendent shall review or cause to be reviewed	401
any relevant information gathered and compiled by the bureau under	402
division (A) of section 109.57 of the Revised Code that relates to	403
the person who is the subject of the request, including any	404
relevant information contained in records that have been sealed	405
under section 2953.32 of the Revised Code;	406

(2) If the request received by the superintendent asks for	407
information from the federal bureau of investigation, the	408
superintendent shall request from the federal bureau of	409
investigation any information it has with respect to the person	410
who is the subject of the request and shall review or cause to be	411
reviewed any information the superintendent receives from that	412
bureau.	413

(3) The superintendent or the superintendent's designee may	414
request criminal history records from other states or the federal	415
government pursuant to the national crime prevention and privacy	416
compact set forth in section 109.571 of the Revised Code.	417

(C)(1) The superintendent shall prescribe a form to obtain	418
the information necessary to conduct a criminal records check from	419
any person for whom a criminal records check is requested under	420
section 113.041 of the Revised Code or required by section	421
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,	422
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	423
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	424
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	425
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	426
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	427
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	428
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	429
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	430
that the superintendent prescribes pursuant to this division may	431
be in a tangible format, in an electronic format, or in both	432
tangible and electronic formats.	433

(2) The superintendent shall prescribe standard impression	434
sheets to obtain the fingerprint impressions of any person for	435
whom a criminal records check is requested under section 113.041	436
of the Revised Code or required by section 121.08, 173.27,	437
173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39,	438
3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101,	439
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	440
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	441
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	442
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	443
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	444
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	445
5126.281, or 5153.111 of the Revised Code. Any person for whom a	446
records check is requested under or required by any of those	447
sections shall obtain the fingerprint impressions at a county	448
sheriff's office, municipal police department, or any other	449
entity with the ability to make fingerprint impressions on the	450
standard impression sheets prescribed by the superintendent. The	451
office, department, or entity may charge the person a reasonable	452
fee for making the impressions. The standard impression sheets the	453
superintendent prescribes pursuant to this division may be in a	454
tangible format, in an electronic format, or in both tangible and	455
electronic formats.	456

(3) Subject to division (D) of this section, the	457
superintendent shall prescribe and charge a reasonable fee for	458
providing a criminal records check requested under section	459
113.041, 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	460
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	461
3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	462
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	463
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	464
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70,	465
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	466
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032,	467
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	468
the Revised Code. The person making a criminal records request	469
under section 113.041, 121.08, 173.27, 173.394, 1322.03,	470
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	471
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	472
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	473
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	474
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	475
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	476
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	477
5104.013, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	478
5153.111 of the Revised Code shall pay the fee prescribed	479
pursuant to this division. A person making a request under	480
section 3701.881 of the Revised Code for a criminal records	481
check for an applicant who may be both responsible for the care,	482
custody, or control of a child and involved in providing direct	483
care to an older adult shall pay one fee for the request. In the	484
case of a request under section 5111.032 of the Revised Code,	485
the fee shall be paid in the manner specified in that section.	486

(4) The superintendent of the bureau of criminal	487
identification and investigation may prescribe methods of	488
forwarding fingerprint impressions and information necessary to	489
conduct a criminal records check, which methods shall include, but	490
not be limited to, an electronic method.	491

(D) A determination whether any information exists that	492
indicates that a person previously has been convicted of or	493
pleaded guilty to any offense listed or described in division	494
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	495
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	496
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this	497
section, or that indicates that a person previously has been	498
convicted of or pleaded guilty to any criminal offense in this	499
state or any other state regarding a criminal records check of a	500
type described in division (A)(13) of this section, and that is	501
made by the superintendent with respect to information	502
considered in a criminal records check in accordance with this	503
section is valid for the person who is the subject of the	504
criminal records check for a period of one year from the date	505
upon which the superintendent makes the determination. During the	506
period in which the determination in regard to a person is valid,	507
if another request under this section is made for a criminal	508
records check for that person, the superintendent shall provide	509
the information that is the basis for the superintendent's	510
initial determination at a lower fee than the fee prescribed for	511
the initial criminal records check.	512

(E) As used in this section:

513

(1) "Criminal records check" means any criminal records check	514
conducted by the superintendent of the bureau of criminal	515
identification and investigation in accordance with division (B)	516
of this section.	517

(2) "Minor drug possession offense" has the same meaning as	518
in section 2925.01 of the Revised Code.	519

(3) "Older adult" means a person age sixty or older.

520

Sec. 121.085. The financial literacy education fund is hereby	521
created in the state treasury. The fund shall consist of funds	522
transferred to it from the consumer finance fund pursuant to	523
section 1321.21 of the Revised Code. The fund shall be used to	524
support various adult financial literacy education programs	525
developed or implemented by the director of commerce. The fund	526
shall be administered by the director of commerce who shall	527
adopt rules for the distribution of fund moneys. The director of	528
commerce shall adopt a rule to require that at least one-half of	529
the financial literacy education programs developed or	530
implemented pursuant to this section, and offered to the public,	531
be presented by or available at public community colleges or	532
state institutions throughout the state. The director of	533
commerce shall deliver to the president of the senate, the	534
speaker of the house of representatives, the minority leader	535
of the senate, the minority leader of the house of	536
representatives, and the governor an annual report that includes	537
an outline of each adult financial literacy education program	538
developed or implemented, the number of individuals who were	539
educated by each program, and an accounting for all funds	540
distributed.	541

Sec. 135.63.  The treasurer of state may invest in linked	542
deposits under sections 135.61 to 135.67, short-term installment	543
loan linked deposits under sections 135.68 to 135.70,	544
agricultural linked deposits under sections 135.71 to 135.76,	545
housing linked deposits under sections 135.81 to 135.87, and	546
assistive technology device linked deposits under sections 135.91	547
to 135.97 of the Revised Code, provided that at the time of	548
placement of any linked deposit under sections 135.61 to 135.67 of	549
the Revised Code, short-term installment loan linked deposit,	550
agricultural linked deposit, housing linked deposit, or assistive	551
technology device linked deposit, the combined amount of	552
investments in the linked deposits, short-term installment loan	553
linked deposits, agricultural linked deposits, housing linked	554
deposits, and assistive technology device linked deposits is not	555
more than twelve per cent of the state's total average investment	556
portfolio as determined by the treasurer of state. When deciding	557
whether to invest in the linked deposits, short-term installment	558
loan linked deposits, agricultural linked deposits, housing	559
linked deposits, or assistive technology device linked deposits,	560
the treasurer of state shall give priority to the investment,	561
liquidity, and cash flow needs of the state.	562

Sec. 135.68. As used in sections 135.68 to 135.70 of the	563
Revised Code:	564

(A) "Eligible individual" means a person in this state.

565

(B) "Eligible lending institution" means a financial	566
institution that is eligible to make loans, is a public depository	567
of state funds under section 135.03 of the Revised Code, and	568
agrees to participate in the short-term installment loan linked	569
deposit program.	570

(C) "Short-term installment loan" means an extension of	571
credit that does not exceed eight hundred dollars, the duration	572
of which is not less than ninety days and six installments, and	573
the interest on the loan is calculated in compliance with 15	574
U.S.C. 1606 and does not exceed an annual percentage rate of	575
twenty-eight per cent. For the purpose of this section, interest	576
and annual percentage rate have the same meaning as in section	577
1321.35 of the Revised Code.	578

(D) "Short-term installment loan linked deposit" means a	579
certificate of deposit placed by the treasurer of state with an	580
eligible lending institution at up to three per cent below	581
current market rates, as determined and calculated by the	582
treasurer of state, provided the institution agrees to lend the	583
value of such deposit, according to the deposit agreement	584
provided for section 135.69 of the Revised Code, to eligible	585
individuals in the form of short-term installment loans.	586

Sec. 135.69. (A) An eligible lending institution shall enter	587
into a deposit agreement with the treasurer of state, which	588
agreement shall include requirements necessary to carry out the	589
purposes of sections 135.68 to 135.70 of the Revised Code. These	590
requirements shall reflect the market conditions prevailing in the	591
eligible lending institution's lending area.	592

(B)(1) The deposit agreement required by division (A) of this	593
section shall include provisions for certificates of deposit to be	594
placed for any maturity considered appropriate by the treasurer of	595
state not to exceed two years, but may be renewed for up to an	596
additional two years at the option of the treasurer of state.	597
Interest shall be paid at the times determined by the treasurer of	598
state.	599

(2) The deposit agreement required by division (A) of this	600
section may include a specification of the period of time in which	601
the lending institution is to lend funds upon the placement of a	602
short-term installment loan linked deposit.	603

(C) Eligible lending institutions shall comply fully with	604
this chapter.	605

(D) An eligible lending institution that desires to receive a	606
short-term installment loan linked deposit shall forward to the	607
treasurer of state a short-term installment loan linked deposit	608
loan package, in the form and manner as prescribed by the	609
treasurer of state. The package required by this section shall	610
include such information as required by the treasurer of state,	611
including the amount of the loan requested.	612

(E) Upon the placement of a short-term installment loan	613
linked deposit with an eligible lending institution, the	614
institution shall make short-term installment loans, as defined	615
in section 135.68 of the Revised Code, to eligible individuals	616
in accordance with the deposit agreement required by section	617
135.69 of the Revised Code.	618

(F) An eligible lending institution shall certify compliance	619
with this section in the form and manner prescribed by the	620
treasurer of state.	621

Sec. 135.70. (A) The treasurer of state may accept or reject	622
a short-term installment loan linked deposit loan package or any	623
portion of the package required by section 135.69 of the Revised	624
Code, based on the treasurer's evaluation of the package and the	625
amount of state funds to be deposited.	626

(B) Upon acceptance of the short-term installment loan linked	627
deposit loan package or any portion of the package, the	628
treasurer of state may place certificates of deposit with the	629
eligible lending institution at three per cent below current	630
market rates, as determined and calculated by the treasurer of	631
state. However, when necessary, the treasurer of state may place	632
certificates of deposit prior to acceptance of a short-term	633
installment loan linked deposit loan package.	634

(C) The treasurer of state shall take all steps, including	635
the development of guidelines, necessary to implement the	636
short-term installment loan linked deposit program established	637
under sections 135.68 to 135.70 of the Revised Code and monitor	638
compliance of eligible lending institutions.	639

(D)(1) Annually, by the first day of February, the treasurer	640
of state shall report on the short-term installment loan linked	641
deposit program established under sections 135.68 to 135.70 of	642
the Revised Code for the preceding calendar year to the	643
governor, the speaker of the house of representatives, and the	644
president of the senate.	645

(2) The report required by division (D)(1) of this section	646
shall set forth the short-term installment loan linked deposits	647
made by the treasurer of state under the program during the year	648
and shall include the following information:	649

(a) The number of short-term installment loans made by each	650
eligible lending institution pursuant to a short-term	651
installment loan linked deposit, categorized by United States	652
postal zip code;	653

(b) A representation of the number or percentage of loans,	654
pursuant to each short-term installment loan linked deposit, that	655
were paid late or in default.	656

(3) The speaker of the house of representatives shall	657
transmit copies of the report required by division (D)(1) of this	658
section to the chairperson of the standing house of	659
representatives committee that customarily considers legislation	660
regarding financial institutions, and the president of the senate	661
shall transmit copies of the report to the chairperson of the	662
standing senate committee that customarily considers legislation	663
regarding financial institutions.	664

(E) The state and the treasurer of state are not liable to	665
any eligible lending institution in any manner for payment of the	666
principal or interest on a loan made under sections 135.68 to	667
135.70 of the Revised Code to an eligible individual.	668

(F) Any delay in payments or default on the part of an	669
eligible individual with respect to a loan made under sections	670
135.68 to 135.70 of the Revised Code does not in any manner affect	671
the deposit agreement between the eligible lending institution and	672
the treasurer of state.	673

Sec. 1109.20.  (A) A(1) Except as authorized under	674
divisions (A)(2) and (3) of this section, a bank may contract for	675
and receive interest or finance charges at any rate or rates	676
agreed upon or consented to by the parties to the loan contract,	677
extension of credit, or revolving credit agreement, but not	678
exceeding an annual percentage rate of twenty-five per cent. In	679
addition, a bank may charge, collect, and receive, as interest,	680
other fees and charges that are agreed upon by the bank and the	681
borrower, including, but not limited to, periodic membership	682
fees, cash advance fees, charges for exceeding a designated	683
credit limit, charges for late payments, charges for the return	684
of a dishonored check or other payment instrument, guarantee	685
fees, origination fees, processing fees, application fees, and	686
prepayment fees. Any fees and charges charged, collected, or	687
received by a bank in accordance with this division shall not be	688
included in the computation of the annual percentage rate or the	689
rates of interest or finance charges for purposes of applying the	690
twenty-five per cent limitation.	691

The computation of the loan balance on which interest and	692
finance charges are assessed and the method of compounding	693
interest on the balance shall be as agreed upon by the bank and	694
the borrower.	695

(2) A bank may make unsecured loans that meet the conditions	696
set forth in sections 1321.39, 1321.40, and 1321.41 of the Revised	697
Code.	698

(3) A bank may make loans pursuant to sections 135.68,	699
135.69, and 135.70 of the Revised Code according to the terms	700
specified in those sections.	701

(B) For the purposes of section 85 of the "National Bank	702
Act," 48 Stat. 191 (1933), 12 U.S.C.A. 85, and section 521 of the	703
"Depository Institutions Deregulation and Monetary Control Act of	704
1980," 94 Stat. 132, 12 U.S.C.A. 1831d, both of the following	705
apply:	706

(1) All the interest and finance charges and other fees and	707
charges authorized under division (A) of this section are deemed	708
to be interest and may be charged, collected, and received as	709
interest by a bank.	710

(2) All terms, conditions, and other provisions authorized by	711
this section and other provisions contained in any agreement with	712
the borrower, including, but not limited to, terms, conditions,	713
and other provisions relating to the method of determining the	714
balance upon which interest or finance charges are applied, time	715
periods within which fees and charges may be avoided, reasons for	716
default and rights to cure any default, rights to accelerate	717
payments, account cancellation, choice of law, and change-in-terms	718
requirements, are deemed to be material to the determination of	719
the interest rate.	720

(C) Any agreement between a bank and a borrower, wherever the	721
borrower's place of residence, shall be governed solely by the	722
laws of this state and federal law, unless otherwise provided for	723
in the agreement.	724

(D) Subject to any requirements under applicable federal law,	725
a bank and a borrower may specify in their agreement any terms and	726
conditions for modifying or amending the agreement.	727

(E) Except as provided in section 1343.011 of the Revised	728
Code, the charging, collection, or receipt of the interest and	729
finance charges, and other fees and charges authorized under this	730
section are deemed not to violate any provision of the Revised	731
Code that prescribes, regulates, or limits any fee, charge, rate	732
of interest, or finance charges.	733

Sec. 1151.29.  A savings and loan association may make,	734
invest in, sell, purchase, participate, or otherwise deal in loans	735
to members and others on such terms as are provided by the	736
association, subject to the provisions of this section and section	737
1151.292 of the Revised Code.	738

(A) Loans may be made upon the security of real estate which	739
is improved residential property, a combination of residential and	740
business property, or a farm under cultivation, as follows:	741

(1) The amount loaned upon any one such property shall not	742
exceed ninety per cent of the appraised value, except as otherwise	743
provided in divisions (A)(2) and (3) of this section.	744

(2) The maximum amount loaned upon any one such property	745
shall be ninety-five per cent of the appraised value of the	746
security property if all of the following criteria are met:	747

(a) The loan contract requires that, in addition to principal	748
and interest payments on the loan, one-twelfth of the estimated	749
annual taxes and assessments on the security property be paid	750
monthly in advance;	751

(b) The borrower shall have executed a certificate stating	752
that the borrower occupies or in good faith intends to occupy the	753
property or one dwelling on the property as histhe borrower's	754
principal residence.	755

(3) The maximum loan to value ratios under divisions (A)(1)	756
and (2) of this section shall not be applicable if one or more of	757
the following criteria apply:	758

(a) That portion of the loan in excess of ninety-five per	759
cent is insured or guaranteed by a mortgage insurance company	760
acceptable to the superintendent of savings and loan associations,	761
or the association establishes and maintains a specific reserve of	762
one per cent of the original principal balance until reduced to	763
ninety per cent of the value of the security property;	764

(b) The loan is secured by a single-family dwelling or a	765
one-family condominium unit and it is:	766

(i) Made under regulations for the housing opportunity	767
allowance program authorized by the "Emergency Home Finance Act of	768
1970," 47 Stat. 736, 12 U.S.C. 1437, and amendments thereto;	769

(ii) Insured or guaranteed by an agency or instrumentality of	770
this state.	771

(4) For purposes of this section, "value" means market value.	772
Loans made pursuant to divisions (A)(1), (2), and (3) of this	773
section shall be payable in weekly, monthly, quarterly,	774
semiannual, or annual installments sufficient to retire the loan	775
within forty years or less. For purposes of this section,	776
"installments" means regular periodic payments, equal or unequal,	777
sufficient to retire the debt, interest and principal, within the	778
contract period. Such contracts may be granted without provision	779
for amortization or may provide for periods of negative	780
amortization. Payments on all installment loans, except	781
construction loans, shall begin not later than ninety days after	782
the advance of the loan; on installment construction loans, such	783
payments shall begin not later than thirty-six months after the	784
date of the first advance for construction.	785

(B) Loans may be made on the security of building lots and	786
sites which, by reason of off-site or other improvements as are	787
available and common to the area, are ready for the construction	788
on each such building lot or site of a structure designed	789
primarily for residential use. Such loans shall comply with the	790
following requirements:	791

(1) Single-family-dwelling loans for a borrower's principal	792
residence, as evidenced by a borrower's certification of intention	793
executed at the time the loan is made, shall not exceed	794
seventy-five per cent of the value of the security property and	795
shall be repayable within fifteen years, with interest payable at	796
least semiannually. The loan contract shall provide for monthly	797
payments sufficient to amortize at least thirty per cent of the	798
original principal amount before the end of the loan term.	799

(2) Loans other than for a borrower's principal residence	800
shall not exceed seventy-five per cent of the value of the	801
security property and shall be repayable within five years, with	802
interest payable at least semiannually beginning not more than one	803
year after the initial disbursement.	804

(C) Loans may be made on the security of unimproved real	805
estate but such loans shall not exceed sixty-six and two-thirds	806
per cent of the value of the security property, and shall be	807
repayable within three years with interest payable at least	808
semiannually.	809

(D) An association may make a collateral loan to the extent	810
that it could, under applicable law and regulations, make or	811
purchase the underlying assigned loans. For purposes of this	812
division, a "collateral loan" means a loan which is secured by an	813
assignment of loans.	814

(E) Notwithstanding the limitations set forth in any other	815
section of the Revised Code, an association may impose a	816
prepayment penalty. On a loan secured by a lien upon a home	817
occupied or to be occupied by the borrower, the prepayment penalty	818
shall comply with the following:	819

(1) The loan contract shall expressly provide for a	820
prepayment penalty.	821

(2) If the loan contract provides that the interest rate may	822
be adjusted periodically, no prepayment penalty may be imposed	823
within ninety days following notice of an adjustment to the	824
borrower.	825

(3) If the association gives written notice to the borrower	826
that the loan is due pursuant to a due-on-sale clause, or	827
commences a foreclosure proceeding to enforce a due-on-sale clause	828
or to seek payment in full as a result of invoking such clause, no	829
prepayment penalty may be imposed.	830

(F) A savings and loan association may make unsecured loans	831
that meet the conditions set forth in sections 1321.39, 1321.40,	832
and 1321.41 of the Revised Code.	833

Sec. 1181.05.  (A) As used in this section, "consumer finance	834
company" means any person required to be licensed or registered	835
under Chapter 1321., 1322., 4712., 4727., or 4728.,or sections	836
1315.21 to 1315.30, or sections 1315.35 to 1315.44 of the Revised	837
Code.	838

(B) Neither the superintendent of financial institutions nor	839
any other employee of the division of financial institutions shall	840
do any of the following: be interested, directly or indirectly, in	841
any bank, savings and loan association, savings bank, credit	842
union, or consumer finance company, that is under the supervision	843
of the superintendent of financial institutions; directly or	844
indirectly borrow money from any such financial institution or	845
company; serve as a director or officer of or be employed by any	846
such financial institution or company; or own an equity interest	847
in any such financial institution or company. For purposes of this	848
section, an equity interest does not include the ownership of an	849
account in a mutual savings and loan association or in a savings	850
bank that does not have permanent stock or the ownership of a	851
share account in a credit union.	852

(C) Subject to division (G) of this section, an employee of	853
the division of financial institutions may retain any extension of	854
credit that otherwise would be prohibited by division (B) of this	855
section if both of the following apply:	856

(1) The employee obtained the extension of credit prior to	857
October 29, 1995, or the commencement of the employee's employment	858
with the division, or as a result of a change in the employee's	859
marital status, the consummation of a merger, acquisition,	860
transfer of assets, or other change in corporate ownership beyond	861
the employee's control, or the sale of the extension of credit in	862
the secondary market or other business transaction beyond the	863
employee's control.	864

(2) The employee liquidates the extension of credit under its	865
original terms and without renegotiation.	866

If the employee chooses to retain the extension of credit,	867
the employee shall immediately provide written notice of the	868
retention to the employee's supervisor. Thereafter, the employee	869
shall be disqualified from participating in any decision,	870
examination, audit, or other action that may affect that	871
particular creditor.	872

(D) Subject to division (G) of this section, an employee of	873
the division of financial institutions may retain any ownership of	874
or beneficial interest in the securities of a financial	875
institution or consumer finance company that is under the	876
supervision of the division of financial institutions, or of a	877
holding company or subsidiary of such a financial institution or	878
company, which ownership or beneficial interest otherwise would be	879
prohibited by division (B) of this section, if the ownership or	880
beneficial interest is acquired by the employee through	881
inheritance or gift, prior to October 29, 1995, or the	882
commencement of the employee's employment with the division, or as	883
a result of a change in the employee's marital status or the	884
consummation of a merger, acquisition, transfer of assets, or	885
other change in corporate ownership beyond the employee's control.	886

If the employee chooses to retain the ownership or beneficial	887
interest, the employee shall immediately provide written notice of	888
the retention to the employee's supervisor. Thereafter, the	889
employee shall be disqualified from participating in any decision,	890
examination, audit, or other action that may affect the issuer of	891
the securities. However, if the ownership of or beneficial	892
interest in the securities and the subsequent disqualification	893
required by this division impair the employee's ability to perform	894
the employee's duties, the employee may be ordered to divest self	895
of the ownership of or beneficial interest in the securities.	896

(E) Notwithstanding division (B) of this section, an employee	897
of the division of financial institutions may have an indirect	898
interest in the securities of a financial institution or consumer	899
finance company that is under the supervision of the division of	900
financial institutions, which interest arises through ownership of	901
or beneficial interest in the securities of a publicly held mutual	902
fund or investment trust, if the employee owns or has a beneficial	903
interest in less than five per cent of the securities of the	904
mutual fund or investment trust, and the mutual fund or investment	905
trust is not advised or sponsored by a financial institution or	906
consumer finance company that is under the supervision of the	907
division of financial institutions. If the mutual fund or	908
investment trust is subsequently advised or sponsored by a	909
financial institution or consumer finance company that is under	910
the supervision of the division of financial institutions, the	911
employee shall immediately provide written notice of the ownership	912
of or beneficial interest in the securities to the employee's	913
supervisor. Thereafter, the employee shall be disqualified from	914
participating in any decision, examination, audit, or other action	915
that may affect the financial institution or consumer finance	916
company. However, if the ownership of or beneficial interest in	917
the securities and the subsequent disqualification required by	918
this division impair the employee's ability to perform the	919
employee's duties, the employee may be ordered to divest self of	920
the ownership of or beneficial interest in the securities.	921

(F)(1) For purposes of this section, the interests of an	922
employee's spouse or dependent child arising through the ownership	923
or control of securities shall be considered the interests of the	924
employee, unless the interests are solely the financial interest	925
and responsibility of the spouse or dependent child, the interests	926
are not in any way derived from the income, assets, or activity of	927
the employee, and any financial or economic benefit from the	928
interests is for the personal use of the spouse or dependent	929
child.	930

(2) If an employee's spouse or dependent child obtains	931
interests arising through the ownership or control of securities	932
and, pursuant to division (F)(1) of this section, the interests	933
are not considered the interests of the employee, the employee	934
shall immediately provide written notice of the interests to the	935
employee's supervisor. Thereafter, the employee shall be	936
disqualified from participating in any decision, examination,	937
audit, or other action that may affect the issuer of the	938
securities.	939

(G) For purposes of divisions (C) and (D) of this section,	940
both of the following apply:	941

(1) With respect to any employee of the former division of	942
consumer finance who, on the first day of the first pay period	943
commencing after the effective date of this section, becomes an	944
employee of the division of financial institutions, the employee's	945
employment with the division of financial institutions is deemed	946
to commence on the first day of the first pay period commencing	947
after the effective date of this section.	948

(2) With respect to any employee who, on October 29, 1995,	949
became an employee of the division of financial institutions, the	950
employee may, notwithstanding divisions (C) and (D) of this	951
section, retain any extension of credit by a consumer finance	952
company that was obtained at any time prior to the first day of	953
the first pay period commencing after the effective date of this	954
section, or retain any ownership of or beneficial interest in the	955
securities of a consumer finance company, or of a holding company	956
or subsidiary of such a company, that was acquired at any time	957
prior to the first day of the first pay period commencing after	958
the effective date of this section. If the employee chooses to	959
retain the extension of credit or the ownership or beneficial	960
interest, the employee shall comply with divisions (C) and (D) of	961
this section.	962

Sec. 1181.21.  (A) As used in this section, "consumer finance	963
company" has the same meaning as in section 1181.05 of the Revised	964
Code.	965

(B) The superintendent of financial institutions shall see	966
that the laws relating to consumer finance companies are executed	967
and enforced.	968

(C) The deputy superintendent for consumer finance shall be	969
the principal supervisor of consumer finance companies. In that	970
position the deputy superintendent for consumer finance shall,	971
notwithstanding division (C)(E) of section 1315.421321.42,	972
division (A) of section 1321.76, and sections 1321.07, 1321.55,	973
1322.06, 4727.05, and 4728.05 of the Revised Code, be responsible	974
for conducting examinations and preparing examination reports	975
under those sections. In addition, the deputy superintendent for	976
consumer finance shall, notwithstanding sections 1315.27, 1315.43,	977
1321.10, 1321.43, 1321.54, 1321.77, 1322.12, 4712.14, 4727.13, and	978
4728.10 of the Revised Code, have the authority to adopt rules and	979
standards in accordance with those sections. In performing or	980
exercising any of the examination, rule-making, or other	981
regulatory functions, powers, or duties vested by this division in	982
the deputy superintendent for consumer finance, the deputy	983
superintendent for consumer finance shall be subject to the	984
control of the superintendent of financial institutions and the	985
director of commerce.	986

Sec. 1181.25. The superintendent of financial institutions	987
may introduce into evidence or disclose, or authorize to be	988
introduced into evidence or disclosed, information that, under	989
sections 1121.18, 1155.16, 1163.20, 1315.122, 1321.09, 1321.48,	990
1321.55, 1321.76, 1322.06, 1322.061, 1733.32, 1733.327, and	991
4727.18 of the Revised Code, is privileged, confidential, or	992
otherwise not public information or a public record, provided that	993
the superintendent acts only as provided in those sections or in	994
the following circumstances:	995

(A) When in the opinion of the superintendent, it is	996
appropriate with regard to any enforcement actions taken and	997
decisions made by the superintendent under Chapters 1315., 1321.,	998
1322., 1733., 4712., 4727., and 4728. of the Revised Code or Title	999
XI of the Revised Code;	1000

(B) When litigation has been initiated by the superintendent	1001
in furtherance of the powers, duties, and obligations imposed upon	1002
the superintendent by Chapters 1315., 1321., 1322., 1733., 4712.,	1003
4727., and 4728. of the Revised Code or Title XI of the Revised	1004
Code;	1005

(C) When in the opinion of the superintendent, it is	1006
appropriate with regard to enforcement actions taken or decisions	1007
made by other financial institution regulatory authorities to whom	1008
the superintendent has provided the information pursuant to	1009
authority in Chapters 1315., 1321., 1322., 1733., 4712., 4727.,	1010
and 4728. of the Revised Code or Title XI of the Revised Code.	1011

Sec. 1315.99.  (A) Whoever violates division (A) or (B) of	1012
section 1315.28, section 1315.41, or division (E)(2) of section	1013
1315.53 of the Revised Code is guilty of a misdemeanor of the	1014
first degree.	1015

(B) Whoever violates division (F)(1) of section 1315.53 or	1016
division (B) of section 1315.54 of the Revised Code is guilty of a	1017
felony of the fourth degree.	1018

(C) Whoever violates division (A) of section 1315.55 of the	1019
Revised Code is guilty of money laundering. A violation of	1020
division (A)(1), (2), (3), (4), or (5) of that section is a felony	1021
of the third degree, and, in addition, the court may impose a fine	1022
of seven thousand five hundred dollars or twice the value of the	1023
property involved, whichever is greater.	1024

(D) Whoever knowingly violates division (A) of section	1025
1315.02, or intentionally violates division (B)(1) of section	1026
1315.081, of the Revised Code is guilty of a felony of the fourth	1027
degree.	1028

Sec. 1321.02.  No person shall engage in the business of	1029
lending money, credit, or choses in action in amounts of five	1030
thousand dollars or less, or exact, contract for, or receive,	1031
directly or indirectly, on or in connection with any such loan,	1032
any interest and charges that in the aggregate are greater than	1033
the interest and charges that the lender would be permitted to	1034
charge for a loan of money if the lender were not a licensee,	1035
without first having obtained a license from the division of	1036
financial institutions under sections 1321.01 to 1321.19 of the	1037
Revised Code.	1038

Sections 1321.01 to 1321.19 of the Revised Code do not apply	1039
to any person doing business under and as permitted by any law of	1040
this state, another state, or the United States relating to banks,	1041
savings banks, savings societies, trust companies, credit unions,	1042
savings and loan associations substantially all the business of	1043
which is confined to loans on real estate mortgages and evidences	1044
of their own indebtedness; to registrants conducting business	1045
pursuant to sections 1321.51 to 1321.60 of the Revised Code; to	1046
licensees conducting business pursuant to sections 1321.71 to	1047
1321.83 of the Revised Code; to licensees doing business pursuant	1048
to sections 1315.35 to 1315.441321.35 to 1321.48 of the Revised	1049
Code; or to any entity who is licensed pursuant to Title XXXIX of	1050
the Revised Code, who makes advances or loans to any person who is	1051
licensed to sell insurance pursuant to that Title, and who is	1052
authorized in writing by that entity to sell insurance. No person	1053
engaged in the business of selling tangible goods or services	1054
related thereto may receive or retain a license under sections	1055
1321.01 to 1321.19 of the Revised Code for such place of business.	1056

The first paragraph of this section applies to any person,	1057
who by any device, subterfuge, or pretense, charges, contracts	1058
for, or receives greater interest, consideration, or charges than	1059
that authorized by this section for any such loan or use of money	1060
or for any such loan, use, or sale of credit, or who for a fee or	1061
any manner of compensation arranges or offers to find or arrange	1062
for another person to make any such loan, use, or sale of credit.	1063
This section does not preclude the acquiring, directly or	1064
indirectly, by purchase or discount, of a bona fide obligation for	1065
goods or services when such obligation is payable directly to the	1066
person who provided the goods or services.	1067

Any contract of loan in the making or collection of which an	1068
act is done by the lender that violates this section is void and	1069
the lender has no right to collect, receive, or retain any	1070
principal, interest, or charges.	1071

Sec. 1321.21.  All fees, charges, penalties, and forfeitures	1072
collected under Chapters 1321., 1322., 4712., 4727., and 4728.,	1073
sections 1315.21 to 1315.30, sections 1315.35 to 1315.44, and	1074
sections 1349.25 to 1349.37 of the Revised Code shall be paid to	1075
the superintendent of financial institutions and shall be	1076
deposited by the superintendent into the state treasury to the	1077
credit of the consumer finance fund, which is hereby created. The	1078
fund may be expended or obligated by the superintendent for the	1079
defrayment of the costs of administration of Chapters 1321.,	1080
1322., 4712., 4727., and 4728., sections 1315.21 to 1315.30,	1081
sections 1315.35 to 1315.44, and sections 1349.25 to 1349.37 of	1082
the Revised Code by the division of financial institutions. All	1083
actual and necessary expenses incurred by the superintendent,	1084
including any services rendered by the department of commerce for	1085
the division's administration of Chapters 1321., 1322., 4712.,	1086
4727., and 4728., sections 1315.21 to 1315.30, sections 1315.35 to	1087
1315.44, and sections 1349.25 to 1349.37 of the Revised Code,	1088
shall be paid from the fund. The fund shall be assessed a	1089
proportionate share of the administrative costs of the department	1090
and the division. The proportionate share of the administrative	1091
costs of the division of financial institutions shall be	1092
determined in accordance with procedures prescribed by the	1093
superintendent and approved by the director of budget and	1094
management. Such assessment shall be paid from the consumer	1095
finance fund to the division of administration fund or the	1096
financial institutions fund.	1097

Periodically, in accordance with a schedule the director	1098
establishes by rule, but at least once every three months, the	1099
director of budget and management shall transfer five per cent of	1100
all charges, penalties, and forfeitures received into the consumer	1101
finance fund to the financial literacy education fund created	1102
under section 121.085 of the Revised Code.	1103

Sec. 1321.35.  As used in sections 1321.35 to 1321.48 of the	1104
Revised Code:	1105

(A) "Short-term loan" means a loan made pursuant to sections	1106
1321.35 to 1321.48 of the Revised Code.	1107

(B) "Superintendent of financial institutions" includes the	1108
deputy superintendent for consumer finance as provided in section	1109
1181.21 of the Revised Code.	1110

(C) "Interest" means all charges payable directly or	1111
indirectly by a borrower to a licensee as a condition to a loan,	1112
including fees, loan origination charges, service charges, renewal	1113
charges, credit insurance premiums, and any ancillary product	1114
sold in connection with a loan made pursuant to sections 1321.35	1115
to 1321.48 of the Revised Code.	1116

(D) "Annual percentage rate" has the same meaning as in the	1117
"Truth in Lending Act," 82 Stat. 149 (1980), 15 U.S.C. 1606, as	1118
implemented by regulations of the board of governors of the	1119
federal reserve system. All fees and charges shall be included in	1120
the computation of the annual percentage rate. Fees and charges	1121
for single premium credit insurance and other ancillary products	1122
sold in connection with the credit transaction shall be included	1123
in the calculation of the annual percentage rate.	1124

Sec.  1321.36. (A) No person shall engage in the business of	1125
making short-term loans to a borrower in Ohio, or, in whole or in	1126
part, make, offer, or broker a loan, or assist a borrower in Ohio	1127
to obtain such a loan, without first having obtained a license	1128
from the superintendent of financial institutions under sections	1129
1321.35 to 1321.48 of the Revised Code. No licensee shall make,	1130
offer, or broker a loan, or assist a borrower to obtain such a	1131
loan, when the borrower is not physically present in the	1132
licensee's business location.	1133

(B) No person not located in Ohio shall make a short-term	1134
loan to a borrower in Ohio from an office not located in Ohio.	1135
Nothing in this section prohibits a business not located or	1136
licensed in Ohio from lending funds to Ohio borrowers who	1137
physically visit the out-of-state office of the business and	1138
obtain the disbursement of loan funds at that location. No person	1139
shall make, offer, or broker a loan, or assist a borrower to	1140
obtain a loan, via the telephone, mail, or internet.	1141

Sec.  1321.37.  (A) Application for an original or renewal	1142
license to make short-term loans shall be in writing, under oath,	1143
and in the form prescribed by the superintendent of financial	1144
institutions, and shall contain the name and address of the	1145
applicant, the approximate location where the business of making	1146
loans is to be conducted, and any further information as the	1147
superintendent requires. At the time of making an application	1148
for an original license, the applicant shall pay to the	1149
superintendent a nonrefundable investigation fee of two hundred	1150
dollars. No investigation fee or any portion thereof shall be	1151
refunded after an original license has been issued. The	1152
application for an original or renewal license shall be	1153
accompanied by an original or renewal license fee, for each	1154
business location of one thousand dollars, except that	1155
applications for original licenses issued on or after the first	1156
day of July for any year shall be accompanied by an original	1157
license fee of five hundred dollars, and except that an	1158
application for an original or renewal license, for a nonprofit	1159
corporation that is incorporated under Chapter 1702. of the	1160
Revised Code, shall be accompanied by an original or renewal	1161
license fee, for each business location, that is one-half of the	1162
fee otherwise required. All fees paid to the superintendent	1163
pursuant to this division shall be deposited into the state	1164
treasury to the credit of the consumer finance fund.	1165

(B) Upon the filing of an application for an original or	1166
renewal license and the payment of fees in accordance with	1167
division (A) of this section, the superintendent shall investigate	1168
the facts concerning the applicant and the requirements provided	1169
by this division. The superintendent shall request the	1170
superintendent of the bureau of criminal identification and	1171
investigation, or a vendor approved by the bureau, to conduct a	1172
criminal records check based on the applicant's fingerprints in	1173
accordance with division (A)(12) of section 109.572 of the Revised	1174
Code. Notwithstanding division (K) of section 121.08 of the	1175
Revised Code, the superintendent of financial institutions shall	1176
request that criminal record information from the federal bureau	1177
of investigation be obtained as part of the criminal records	1178
check. The superintendent of financial institutions shall conduct	1179
a civil records check. The superintendent shall approve an	1180
application and issue an original or renewal license to the	1181
applicant if the superintendent finds all of the following:	1182

(1) The financial responsibility, experience, reputation, and	1183
general fitness of the applicant are such as to warrant the belief	1184
that the business of making loans will be operated lawfully,	1185
honestly, and fairly under sections 1321.35 to 1321.48 of the	1186
Revised Code and within the purposes of those sections; that the	1187
applicant has fully complied with those sections and any rule or	1188
order adopted or issued pursuant to section 1321.43 of the Revised	1189
Code; and that the applicant is qualified to engage in the	1190
business of making loans under sections 1321.35 to 1321.48 of the	1191
Revised Code.	1192

(2) The applicant is financially sound and has a net worth of	1193
not less than one hundred thousand dollars, or in the case of a	1194
nonprofit corporation that is incorporated under Chapter 1702. of	1195
the Revised Code, a net worth of not less than fifty thousand	1196
dollars. The applicant's net worth shall be computed according to	1197
generally accepted accounting principles.	1198

(3) The applicant has never had revoked a license to make	1199
loans under sections 1321.35 to 1321.48 of the Revised Code,	1200
under former sections 1315.35 to 1315.44 of the Revised Code, or	1201
to do business under sections 1315.21 to 1315.30 of the Revised	1202
Code.	1203

(4) Neither the applicant nor any senior officer, or partner	1204
of the applicant, has pleaded guilty to or been convicted of any	1205
criminal offense involving theft, receiving stolen property,	1206
embezzlement, forgery, fraud, passing bad checks, money	1207
laundering, or drug trafficking, or any criminal offense involving	1208
money or securities or any violation of an existing or former law	1209
of this state, any other state, or the United States that	1210
substantially is equivalent to a criminal offense described in	1211
that division. However, if the applicant or any of those other	1212
persons has pleaded guilty to or been convicted of any such	1213
offense other than theft, the superintendent shall not consider	1214
the offense if the applicant has proven to the superintendent, by	1215
a preponderance of the evidence, that the applicant's or other	1216
person's activities and employment record since the conviction	1217
show that the applicant or other person is honest, truthful, and	1218
of good reputation, and there is no basis in fact for believing	1219
that the applicant or other person will commit such an offense	1220
again.	1221

(5) Neither the applicant nor any senior officer, or partner	1222
of the applicant, has been subject to any adverse judgment for	1223
conversion, embezzlement, misappropriation of funds, fraud,	1224
misfeasance or malfeasance, or breach of fiduciary duty, or if the	1225
applicant or any of those other persons has been subject to such a	1226
judgment, the applicant has proven to the superintendent, by a	1227
preponderance of the evidence, that the applicant's or other	1228
person's activities and employment record since the judgment show	1229
that the applicant or other person is honest, truthful, and of	1230
good reputation, and there is no basis in fact for believing that	1231
the applicant or other person will be subject to such a judgment	1232
again.	1233

(C) If the superintendent finds that the applicant does not	1234
meet the requirements of division (B) of this section, or the	1235
superintendent finds that the applicant knowingly or repeatedly	1236
contracts with or employs persons to directly engage in lending	1237
activities who have been convicted of a felony crime listed in	1238
division (B)(5) of this section, the superintendent shall issue	1239
an order denying the application for an original or renewal	1240
license and giving the applicant an opportunity for a hearing on	1241
the denial in accordance with Chapter 119. of the Revised Code.	1242
The superintendent shall notify the applicant of the denial, the	1243
grounds for the denial, and the applicant's opportunity for a	1244
hearing. If the application is denied, the superintendent shall	1245
return the annual license fee but shall retain the investigation	1246
fee.	1247

(D) No person licensed under sections 1321.35 to 1321.48 of	1248
the Revised Code shall conduct business in this state unless the	1249
licensee has obtained and maintains in effect at all times a	1250
corporate surety bond issued by a bonding company or insurance	1251
company authorized to do business in this state. The bond shall be	1252
in favor of the superintendent and in the penal sum of at least	1253
one hundred thousand dollars, or in the case of a nonprofit	1254
corporation that is incorporated under Chapter 1702. of the	1255
Revised Code, in the amount of fifty thousand dollars. The term of	1256
the bond shall coincide with the term of the license. The licensee	1257
shall file a copy of the bond with the superintendent. The bond	1258
shall be for the exclusive benefit of any borrower injured by a	1259
violation by a licensee or any employee of a licensee, of any	1260
provision of sections 1321.35 to 1321.48 of the Revised Code.	1261

Sec. 1321.38.  (A) A license issued by the superintendent of	1262
financial institutions pursuant to sections 1321.35 to 1321.48 of	1263
the Revised Code shall state the address at which the business of	1264
making loans is to be conducted and shall state the full name of	1265
the business. Each license issued shall be conspicuously posted in	1266
the place of business and is not transferable or assignable.	1267

(B)(1) Not more than one place of business shall be	1268
maintained under the same license issued under sections 1321.35 to	1269
1321.48 of the Revised Code, but the superintendent may issue	1270
additional licenses to the same applicant upon compliance with	1271
those sections.	1272

(2) No change in the place of business of a licensee to a	1273
location outside the original municipal corporation shall be	1274
permitted under the same license. When a licensee wishes to change	1275
its place of business within the same municipal corporation,	1276
written notice thereof shall be given in advance to the	1277
superintendent who shall provide without cost a license pursuant	1278
to sections 1321.35 to 1321.48 of the Revised Code for the new	1279
address.	1280

Sec. 1321.39.  A licensee under sections 1321.35 to 1321.48	1281
of the Revised Code may engage in the business of making loans	1282
provided that each loan meets all of the following conditions:	1283

(A) The total amount of the loan does not exceed five hundred	1284
dollars.	1285

(B) The duration of the loan, as specified in the loan	1286
contract required under division (C) of this section, is not less	1287
than thirty-one days.	1288

(C) The loan is made pursuant to a written loan contract that	1289
sets forth the terms and conditions of the loan, and discloses in	1290
a clear and concise manner all of the following:	1291

(1) The total amount of fees and charges the borrower will	1292
be required to pay in connection with the loan pursuant to the	1293
loan contract;	1294

(2) The total amount of each payment, when each payment is	1295
due, and the total number of payments that the borrower will be	1296
required to make under the loan contract;	1297

(3) A statement, printed in boldface type of the minimum	1298
size of ten points, as follows: "WARNING: The cost of this loan is	1299
higher than the average cost charged by financial institutions on	1300
substantially similar loans."	1301

(4) A statement, printed in a minimum font size of ten	1302
points, which informs the borrower that complaints regarding the	1303
loan or lender may be submitted to the department of commerce	1304
division of financial institutions and includes the correct	1305
telephone number and mailing address for the department;	1306

(5) Any disclosures required under the "Truth in Lending	1307
Act," 82 Stat. 146 (1974), 15 U.S.C. 1601, et seq.;	1308

(6) The rate of interest contracted for under the loan	1309
contract as an annual percentage rate based on the sum of the	1310
principal of the loan and the loan origination fee, check	1311
collection charge, and all other fees or charges contracted for	1312
under the loan contract.	1313

(D) The loan contract includes a provision that offers the	1314
borrower an optional extended payment plan that may be invoked by	1315
the borrower at any time before the maturity date of the loan. To	1316
invoke the extended payment plan, the borrower shall return to	1317
the office where the loan was made and sign an amendment to the	1318
original loan agreement reflecting the extended terms of the	1319
loan. The extended payment plan shall allow the borrower to repay	1320
the balance by not less than sixty days from the original maturity	1321
date. No additional fees or charges may be applied to the loan	1322
upon the borrower entering the extended payment plan. The person	1323
originating the loan for the licensee shall identify verbally to	1324
the borrower the contract provision regarding the extended	1325
payment plan, and the borrower shall verify that the provision	1326
has been identified by initialing the contract adjacent to the	1327
provision.	1328

Sec. 1321.40.  A person licensed pursuant to sections	1329
1321.35 to 1321.48 of the Revised Code may charge, collect, and	1330
receive the following fees and charges in connection with a	1331
short-term loan:	1332

(A) Interest calculated in compliance with 15 U.S.C. 1606,	1333
and not exceeding an annual percentage rate greater than	1334
twenty-eight per cent;	1335

(B) One check collection charge per loan not exceeding an	1336
amount equal to twenty dollars plus any amount passed on from	1337
other financial institutions for each check, negotiable order of	1338
withdrawal, share draft, or other negotiable instrument returned	1339
or dishonored for any reason, provided that the terms and	1340
conditions upon which check collection charges will be charged to	1341
the borrower are set forth in the written loan contract described	1342
in division (C) of section 1321.39 of the Revised Code;	1343

(C) Damages, costs, and disbursements to which the licensee	1344
may become entitled to by law in connection with any civil action	1345
to collect a loan after default.	1346

Sec. 1321.41.  No person licensed pursuant to sections	1347
1321.35 to 1321.48 of the Revised Code shall do any of the	1348
following:	1349

(A) Violate section 1321.36 of the Revised Code;

1350

(B) Make a loan that does not comply with section 1321.39 of	1351
the Revised Code;	1352

(C) Charge, collect, or receive, directly or indirectly, any	1353
additional fees, interest, or charges in connection with a loan,	1354
other than fees and charges permitted by section 1321.40 of the	1355
Revised Code and costs or disbursements to which the licensee	1356
may become entitled to by law in connection with any civil	1357
action to collect a loan after default;	1358

(D) Collect treble damages pursuant to division (A)(1)(b)(ii)	1359
of section 2307.61 of the Revised Code in connection with any	1360
civil action to collect a loan after a default due to a check,	1361
negotiable order of withdrawal, share draft, or other negotiable	1362
instrument that was returned or dishonored for insufficient funds;	1363

(E) Make a short-term loan to a borrower if there exists an	1364
outstanding loan between the licensee and that borrower, if a	1365
loan between any licensee and that borrower was terminated on the	1366
same business day, if the borrower has more than one outstanding	1367
loan, if the loan would obligate the borrower to repay a total	1368
amount of more than five hundred dollars to licensees, or indebt	1369
the borrower, to licensees, for an amount that is more than	1370
twenty-five per cent of the borrowers gross monthly salary not	1371
including bonus, overtime, or other such compensation, based on a	1372
payroll verification statement presented by the borrower;	1373

(F) Bring or threaten to bring an action or complaint against	1374
the borrower for the borrower's failure to comply with the terms	1375
of the loan contract solely due to the check, negotiable order of	1376
withdrawal, share draft, or negotiable instrument being returned	1377
or dishonored for insufficient funds. Nothing herein prohibits	1378
such conduct, action, or complaint if the borrower has	1379
intentionally engaged in fraud by, including but not limited to,	1380
closing or using any closed or false account to evade payment;	1381

(G) Make a short-term loan to a borrower for purposes of	1382
retiring an existing short-term loan between any licensee and	1383
that borrower;	1384

(H) Require the borrower to waive the borrower's right to	1385
legal recourse under any otherwise applicable provision of state	1386
or federal law;	1387

(I) Accept the title of a vehicle, real property, physical	1388
assets, or other collateral as security for the obligation;	1389

(J) Engage in any device or subterfuge to evade the	1390
requirements of sections 1321.35 to 1321.48 of the Revised Code	1391
including assisting a borrower to obtain a loan on terms that	1392
would be prohibited by sections 1321.35 to 1321.48 of the Revised	1393
Code, making loans disguised as personal property sales and	1394
leaseback transactions, or disguising loan proceeds as cash	1395
rebates for the pretextual installment sale of goods or services;	1396

(K) Assess or charge a borrower a fee for prepaying the loan	1397
in full prior to the maturity date;	1398

(L) Fail to comply with section 1321.45 of the Revised Code;

1399

(M) Recommend to a borrower that the borrower obtain a loan	1400
for a dollar amount that is higher than the borrower has	1401
requested;	1402

(N) Make a loan to a borrower that has received two loans	1403
within the previous ninety days from licensees, unless the	1404
borrower has completed during that period a financial literacy	1405
program approved by the superintendent;	1406

(O) Draft funds electronically from any depository financial	1407
institution in this state, or bill any credit card issued by such	1408
an institution. Nothing in this division shall prohibit the	1409
conversion of a negotiable instrument into an electronic form for	1410
processing through the automated clearing house system.	1411

(P) Make, publish, or otherwise disseminate, directly or	1412
indirectly, any misleading or false advertisement, or engage in	1413
any other deceptive trade practice;	1414

(Q) Offer any incentive to a borrower in exchange for the	1415
borrower taking out multiple loans over any period of time, or	1416
provide a short-term loan at no charge or at a discounted charge	1417
as compensation for any previous or future business.	1418

(R) Make a loan to a borrower if the borrower has received a	1419
total of four or more loans, from licensees, in the calendar year.	1420

(S) Present a check, negotiable order of withdrawal, share	1421
draft, or other negotiable instrument, that has been previously	1422
presented by the licensee and subsequently returned or dishonored	1423
for any reason, without prior written approval from the borrower.	1424

(T) Change the check number, or in any other way alter a	1425
check, negotiable order of withdrawal, or share draft, prior to	1426
submitting such check, negotiable order of withdrawal, or share	1427
draft for processing through the automated clearing house system,	1428
or submit false information about any check, negotiable order of	1429
withdrawal, or share draft to the automated clearing house system.	1430

Sec. 1321.42.  (A) The superintendent of financial	1431
institutions shall, in accordance with Chapter 119. of the Revised	1432
Code, suspend or revoke a license issued pursuant to sections	1433
1321.35 to 1321.48 of the Revised Code, if the superintendent	1434
determines that any of the following applies:	1435

(1) The licensee has failed to comply with any order issued	1436
by the superintendent pursuant to section 1321.43 of the Revised	1437
Code.	1438

(2) The licensee has continued to violate any provision of	1439
sections 1321.35 to 1321.48 of the Revised Code or any rule	1440
adopted under section 1321.43 of the Revised Code after receiving	1441
notice of such violation or violations from the superintendent.	1442

(3) Any fact or condition exists that if it had existed or	1443
had been known to exist at the time of original or renewal	1444
licensure pursuant to sections 1321.35 to 1321.48 of the Revised	1445
Code, the fact or condition clearly would have warranted the	1446
superintendent to refuse to issue a license pursuant to those	1447
sections.	1448

(B) The superintendent may make any investigation and	1449
conduct any hearing the superintendent considers necessary to	1450
determine whether any person has violated sections 1321.35 to	1451
1321.48 of the Revised Code, or any rule or order adopted or	1452
issued under section 1321.43 of the Revised Code, or has engaged	1453
in conduct that would justify the suspension, revocation, or	1454
refusal of an original or renewal license.	1455

(C) In making any investigation or conducting any hearing	1456
pursuant to this section, the superintendent, or any person	1457
designated by the superintendent, at any time may compel by	1458
subpoena witnesses, may take depositions of witnesses residing	1459
without the state in the manner provided for in civil actions, pay	1460
any witnesses the fees and mileage for their attendance provided	1461
for witnesses in civil actions, and administer oaths. The	1462
superintendent also may compel by order or subpoena duces tecum	1463
the production of, and examine, all relevant books, records,	1464
accounts, and other documents. If a person does not comply with a	1465
subpoena or subpoena duces tecum, the superintendent may apply to	1466
the court of common pleas of Franklin county for an order	1467
compelling the person to comply with the subpoena or subpoena	1468
duces tecum or, for failure to do so, an order to be held in	1469
contempt of court.	1470

(D) In connection with any investigation under this section,	1471
the superintendent may file an action in the court of common pleas	1472
of Franklin county or the court of common pleas of the county in	1473
which the person who is the subject of the investigation resides,	1474
or is engaging in or proposing to engage in actions in violation	1475
of sections 1321.35 to 1321.48 of the Revised Code, to obtain an	1476
injunction, temporary restraining order, or other appropriate	1477
relief.	1478

(E) As often as the superintendent considers it necessary,	1479
the superintendent may examine the records of a licensee, but in	1480
any case, the superintendent shall examine the records of a	1481
licensee at least annually.	1482

Sec. 1321.43.  The superintendent of financial institutions,	1483
in accordance with Chapter 119. of the Revised Code, may adopt	1484
rules and issue specific orders to enforce and carry out the	1485
purposes of sections 1321.35 to 1321.48 of the Revised Code. The	1486
superintendent shall issue a rule defining "senior officer" for	1487
the purpose of section 1321.37 of the Revised Code. The	1488
superintendent may adopt, amend, and repeal substantive rules	1489
defining with reasonable specificity acts or practices that	1490
violate section 1321.45 of the Revised Code.	1491

Sec. 1321.44. (A) A violation of section 1321.41 of the	1492
Revised Code is deemed an unfair or deceptive act or practice in	1493
violation of section 1345.02 of the Revised Code. A borrower	1494
injured by a violation of section 1321.41 of the Revised Code	1495
shall have a cause of action and be entitled to the same relief	1496
available to a consumer under section 1345.09 of the Revised Code,	1497
and all powers and remedies available to the attorney general to	1498
enforce sections 1345.01 to 1345.13 of the Revised Code are	1499
available to the attorney general to enforce section 1321.41 of	1500
the Revised Code.	1501

(B) The superintendent of financial institutions or a	1502
borrower may bring directly an action to enjoin a violation of	1503
sections 1321.35 to 1321.48 of the Revised Code. The prosecuting	1504
attorney of the county in which the action may be brought may	1505
bring an action to enjoin a violation of sections 1321.35 to	1506
1321.48 of the Revised Code only if the prosecuting attorney first	1507
presents any evidence of the violation to the attorney general	1508
and, within a reasonable period of time, the attorney general has	1509
not agreed to bring the action.	1510

(C) The superintendent may initiate criminal proceedings	1511
under sections 1321.35 to 1321.48 of the Revised Code by	1512
presenting any evidence of criminal violation to the prosecuting	1513
attorney of the county in which the offense may be prosecuted. If	1514
the prosecuting attorney does not prosecute the violations, or at	1515
the request of the prosecuting attorney, the superintendent shall	1516
present any evidence of criminal violations to the attorney	1517
general, who may proceed in the prosecution with all the rights,	1518
privileges, and powers conferred by law on prosecuting attorneys,	1519
including the power to appear before grand juries and to	1520
interrogate witnesses before such grand juries. These powers of	1521
the attorney general are in addition to any other applicable	1522
powers of the attorney general.	1523

(D) The prosecuting attorney of the county in which an	1524
alleged offense may be prosecuted may initiate criminal	1525
proceedings under sections 1321.35 to 1321.48 of the Revised Code.	1526

(E) In order to initiate criminal proceedings under sections	1527
1321.35 to 1321.48 of the Revised Code, the attorney general first	1528
shall present any evidence of criminal violations to the	1529
prosecuting attorney of the county in which the alleged offense	1530
may be prosecuted. If, within a reasonable period of time, the	1531
prosecuting attorney has not agreed to prosecute the violations,	1532
the attorney general may proceed in the prosecution with all the	1533
rights, privileges, and powers described in division (B) of this	1534
section.	1535

(F) When a judgment under this section becomes final, the	1536
clerk of court shall mail a copy of the judgment, including	1537
supporting opinions, to the superintendent.	1538

Sec. 1321.45. (A) As used in this section:

1539

(1) "Debt collector" means a licensee, officer, employee, or	1540
agent of a licensee, or any person acting as a debt collector for	1541
a licensee, or any person while serving or attempting to serve	1542
legal process on any other person in connection with the judicial	1543
enforcement of any debt resulting from a short-term loan made by a	1544
licensee.	1545

(2) "Borrower" means a person who has an outstanding or	1546
delinquent short-term loan. For the purpose of this section, the	1547
term "borrower" includes the borrower's spouse, parent, if the	1548
borrower is a minor, guardian, executor, or administrator.	1549

(3) "Communication" means the conveying of information	1550
regarding a debt directly or indirectly to any person through any	1551
medium.	1552

(4) "Consumer reporting agency" means any person that, for	1553
monetary fees, dues, or on a cooperative nonprofit basis,	1554
regularly engages in whole or in part in the practice of	1555
assembling or evaluating consumer credit information or other	1556
information on consumers for the purpose of furnishing consumer	1557
reports to third parties and that uses any means or facility for	1558
the purpose of preparing or furnishing consumer reports.	1559

(5) "Location information" means a consumer's residence,	1560
telephone number, or place of employment.	1561

(B) When communicating with any person other than the	1562
borrower for the purpose of acquiring location information about	1563
the borrower, the debt collector shall identify self, state that	1564
the purpose for the communication is to confirm or correct	1565
location information concerning a person, and, only if expressly	1566
requested, identify the debt collector's employer. The debt	1567
collector shall not do any of the following:	1568

(1) State that the person for whom location information is	1569
being sought is a borrower or owes any debt;	1570

(2) Communicate with any person more than once unless	1571
requested to do so by such person or unless the debt collector	1572
reasonably believes that the earlier response of such person is	1573
erroneous or incomplete and that such person now has correct or	1574
complete location information;	1575

(3) Communicate by post card;

1576

(4) Use any language or symbol on any envelope or in the	1577
contents of any communication effected by the mails or telegram	1578
that indicates that the communication relates to the collection of	1579
a debt;	1580

(5) After the debt collector knows the borrower is	1581
represented by an attorney with regard to the subject debt and has	1582
knowledge of, or can readily ascertain, such attorney's name and	1583
address, not communicate with any person other than that attorney,	1584
unless the attorney fails to respond within a reasonable period of	1585
time to communication from the debt collector.	1586

(C) A debt collector, without the prior consent of the	1587
borrower given directly to the debt collector or without the	1588
express permission of a court of competent jurisdiction, may not	1589
communicate with a borrower in connection with the collection of	1590
any debt:	1591

(1) At any unusual time or place or a time or place known or	1592
which should be known to be inconvenient to the borrower. In the	1593
absence of knowledge of circumstances to the contrary, a debt	1594
collector shall assume that the convenient time for communicating	1595
with a borrower is after eight a.m. eastern standard time and	1596
before nine p.m. eastern standard time at the borrower's location.	1597

(2) If the debt collector knows the borrower is represented	1598
by an attorney with respect to such debt and has knowledge of, or	1599
can readily ascertain, such attorney's name and address, unless	1600
the attorney fails to respond within a reasonable period of time	1601
to a communication from the debt collector or unless the attorney	1602
consents to direct communication with the borrower;	1603

(3) At the borrower's place of employment if the debt	1604
collector knows or has reason to know that the borrower's employer	1605
prohibits the borrower from receiving such communication.	1606

(D) A debt collector, when communicating with a third party	1607
without the prior consent of the borrower given directly to the	1608
debt collector, or without the express permission of a court of	1609
competent jurisdiction, or as reasonably necessary to effectuate a	1610
postjudgment judicial remedy, may not communicate, in connection	1611
with the collection of any debt, with any person other than the	1612
borrower, the borrower's attorney, a consumer reporting agency if	1613
otherwise permitted by law, or the attorney of the debt collector.	1614

(E) If a borrower provides written notification, to a person	1615
licensed under section 1321.35 to 1321.48 of the Revised Code or a	1616
debt collector, that the borrower refuses to pay a debt or that	1617
the borrower wishes the debt collector to cease further	1618
communication with the borrower, the debt collector shall not	1619
communicate further with the borrower with respect to such debt,	1620
except:	1621

(1) To advise the borrower that the debt collector's further	1622
efforts are being terminated;	1623

(2) To notify the borrower that the debt collector or	1624
licensee may invoke specified remedies that are ordinarily invoked	1625
by such debt collector or licensee;	1626

(3) Where applicable, to notify the borrower that the debt	1627
collector or licensee intends to invoke a specified remedy. If	1628
such notice from the borrower is made by mail, notification shall	1629
be complete upon receipt.	1630

(F) A debt collector may not engage in any conduct the	1631
natural consequence of which is to harass, oppress, or abuse any	1632
person in connection with the collection of a debt, including, but	1633
not limited to, any of the following:	1634

(1) Using or threatening to use violence or other criminal	1635
means to harm the physical person, reputation, or property of any	1636
person;	1637

(2) Using obscene or profane language or language the natural	1638
consequence of which is to abuse the hearer or reader;	1639

(3) Publication of a list of borrowers who allegedly refuse	1640
to pay debts, except to a consumer-reporting agency;	1641

(4) Causing a telephone to ring or engaging any person in	1642
telephone conversation repeatedly or continuously with intent to	1643
annoy, abuse, or harass any person at the called number.	1644

(G) A debt collector may not use any false, deceptive, or	1645
misleading representation or means in connection with the	1646
collection of any debt, including, but not limited to, any of the	1647
following:	1648

(1) Falsely representing or implying that the debt collector	1649
is vouched for, bonded by, or affiliated with the United States or	1650
any state, including the use of any badge, uniform, or facsimile	1651
thereof;	1652

(2) Falsely representing the character, amount, or legal	1653
status of any debt, or any services rendered, or compensation	1654
which may be lawfully received by any debt collector for the	1655
collection of a debt;	1656

(3) Falsely representing or implying that any individual is	1657
an attorney or that any communication is from an attorney;	1658

(4) Representing or implying that nonpayment of any debt will	1659
result in the arrest or imprisonment of any person or the seizure,	1660
garnishment, attachment, or sale of any property or wages of any	1661
person unless such action is lawful and the debt collector intends	1662
to take such action;	1663

(5) Threatening to take any action that cannot legally be	1664
taken or that is not intended to be taken;	1665

(6) Falsely representing or implying that a sale, referral,	1666
or other transfer of any interest in a debt shall cause the	1667
borrower to lose any claim or defense to payment of the debt;	1668

(7) Falsely representing or implying that the borrower	1669
committed any crime or other conduct in order to disgrace the	1670
borrower;	1671

(8) Communicating or threatening to communicate to any person	1672
credit information that is known or that should be known to be	1673
false, including the failure to communicate that a disputed debt	1674
is disputed;	1675

(9) Using or distributing any written communication that	1676
simulates or is falsely represented to be a document authorized,	1677
issued, or approved by any court, official, or agency of the	1678
United States or any state, or that creates a false impression as	1679
to its source, authorization, or approval;	1680

(10) Using any false representation or deceptive means to	1681
collect or attempt to collect any debt or to obtain information	1682
concerning a borrower;	1683

(11) Failing to disclose in the initial written communication	1684
with the borrower, and in addition, if the initial communication	1685
with the borrower is oral, in that initial oral communication,	1686
that the debt collector is attempting to collect a debt and that	1687
any information obtained will be used for that purpose, and the	1688
failure to disclose in subsequent communications that the	1689
communication is from a debt collector, except that division	1690
(G)(11) of this section shall not apply to a formal pleading made	1691
in connection with a legal action;	1692

(12) Falsely representing or implying that accounts have been	1693
turned over to innocent purchasers for value;	1694

(13) Falsely representing or implying that documents are	1695
legal process;	1696

(14) Using any business, company, or organization name other	1697
than the true name of the debt collector's business, company, or	1698
organization;	1699

(15) Falsely representing or implying that documents are not	1700
legal process forms or do not require action by the consumer;	1701

(16) Falsely representing or implying that a debt collector	1702
operates or is employed by a consumer reporting agency.	1703

(H) A debt collector may not use unfair or unconscionable	1704
means to collect or attempt to collect any debt, including, but	1705
not limited to, any of the following:	1706

(1) Collecting any amount, including any interest, fee,	1707
charge, or expense incidental to the principal obligation, unless	1708
the amount is expressly authorized by the agreement creating the	1709
debt or permitted by law;	1710

(2) Accepting from any person a check or other payment	1711
instrument postdated by more than five days unless the person is	1712
notified in writing of the debt collector's intent to deposit the	1713
check or instrument not more than ten nor less than three business	1714
days prior to deposit;	1715

(3) Soliciting any postdated check or other postdated payment	1716
instrument for the purpose of threatening or instituting criminal	1717
prosecution;	1718

(4) Depositing or threatening to deposit any postdated check	1719
or other postdated payment instrument prior to the date on the	1720
check or instrument;	1721

(5) Causing charges to be made to any person for	1722
communications by concealment of the true purpose of the	1723
communication. The charges include, but are not limited to,	1724
collect telephone calls and telegram fees;	1725

(6) Taking or threatening to take any nonjudicial action to	1726
effect dispossession or disablement of property if there is no	1727
present right to possession of the property claimed as collateral	1728
through an enforceable security interest, there is no present	1729
intention to take possession of the property, or the property is	1730
exempt by law from dispossession or disablement;	1731

(7) Communicating with a borrower regarding a debt by post	1732
card;	1733

(8) Using any language or symbol, other than the debt	1734
collector's address, on any envelope when communicating with a	1735
borrower by use of the mails or by telegram, except that a debt	1736
collector may use the collector's business name if the name does	1737
not indicate that the collector is in the debt collection	1738
business;	1739

(9) Designing, compiling, and furnishing any form knowing	1740
that the form would be used to create the false belief in a	1741
borrower that a person other than the licensee is participating in	1742
the collection of or in an attempt to collect a debt the borrower	1743
allegedly owes the creditor, when in fact the person is not so	1744
participating.	1745

(I) In addition to the requirements of this section, a debt	1746
collector shall follow the practices set forth in the federal	1747
"Fair Debt Collection Practices Act," 91 Stat. 874 (1977),	1748
sections 15 U.S.C. 1692b, 15 U.S.C. 1692c, 15 U.S.C. 1692d, 15	1749
U.S.C. 1692e, and 15 U.S.C. 1692f, as those sections of federal	1750
law exist on the effective date of this section. In the event of a	1751
conflict between described practices in the federal act and	1752
described practices in this section, this section shall prevail.	1753

Sec. 1321.46. (A) The superintendent of financial	1754
institutions shall develop and make a statewide common database,	1755
as implemented by the superintendent, accessible at all times to	1756
persons licensed under sections 1321.35 to 1321.48 of the Revised	1757
Code and to the superintendent through an internet connection.	1758
Licensees shall use the database to determine if a borrower is	1759
eligible for a loan. Licensees shall submit the required data	1760
in a format as the superintendent prescribes by rule, and	1761
verify eligibility before entering into each loan transaction.	1762

(B) The superintendent shall adopt rules to administer and	1763
enforce this section and to ensure that the database is used by	1764
licensees in accordance with this section, including:	1765

(1) A rule requiring that data are retained in the database	1766
only as required to ensure licensee compliance with this section;	1767

(2) A rule requiring that identifying borrower information is	1768
deleted from the database on a regular and routine basis, twelve	1769
months after the transaction is closed;	1770

(3) A rule authorizing the archiving of deleted data, should	1771
the superintendent determine that archiving is necessary for the	1772
enforcement of this section;	1773

(4) A rule prohibiting the database from ranking the credit	1774
worthiness of a borrower and limiting the database so that it may	1775
only be used to determine a borrower's eligibility or	1776
ineligibility for a loan based on the provisions of this chapter;	1777

(5) A rule requiring that data collected pursuant to this	1778
section be used only as prescribed in this section and for no	1779
other purpose;	1780

(6) A rule authorizing the database operator to impose a per	1781
transaction fee to be paid by the licensee for data required to	1782
be submitted.	1783

(C) The database operator, whether the superintendent or a	1784
third party selected by the superintendent pursuant to Chapter	1785
125. of the Revised Code, shall do all of the following:	1786

(1) Establish and maintain a process for responding to	1787
transaction verification requests due to technical difficulties	1788
with the database that prevent the licensee from accessing the	1789
database through the internet;	1790

(2) Provide accurate and secure receipt, transmission, and	1791
storage of borrower data;	1792

(3) Designate a transaction as closed within one business day	1793
of receiving notification from a licensee;	1794

(4) Take all reasonable measures to ensure the	1795
confidentiality of the database and to prevent identity theft.	1796

(D) A licensee may rely on the information contained in the	1797
database as accurate and is not subject to any administrative	1798
penalty or civil liability as a result of relying on inaccurate	1799
information contained in the database.	1800

(E) With respect to the database prescribed in division (A)	1801
of this section, any information submitted for incorporation into	1802
the database, information in the database itself, or archived	1803
information as maintained by the superintendent pursuant to this	1804
section is not a public record under section 149.43 of the Revised	1805
Code.	1806

(F) If approved by the superintendent, the database operator	1807
may impose a per transaction fee for the actual costs of entering,	1808
accessing, and maintaining data in the database. The fee shall be	1809
payable to the database operator in a manner prescribed by the	1810
superintendent. A licensee may not charge a customer all or part	1811
of the fee.	1812

Sec. 1321.47. (A) A person licensed, and any person required	1813
to be licensed under sections 1321.35 to 1321.48 of the Revised	1814
Code, in addition to duties imposed by other statutes or common	1815
law, shall do all of the following:	1816

(1) Follow reasonable and lawful instructions from the	1817
borrower;	1818

(2) Act with reasonable skill, care, and diligence;

1819

(3) Act in good faith and fair dealing in any transaction or	1820
practice or course of business in connection with a short-term	1821
loan.	1822

(B) The duties and standards of care created in this section	1823
may not be waived or modified.	1824

(C) A borrower injured by a violation of this section may	1825
bring an action for recovery of damages. Damages awarded shall not	1826
be less than all compensation paid directly or indirectly to a	1827
licensee from any source, plus reasonable attorney's fees and	1828
court costs. The borrower may be awarded punitive damages.	1829

Sec. 1321.48. (A) The superintendent of financial	1830
institutions shall report semiannually to the governor and the	1831
general assembly on the operations of the division of financial	1832
institutions with respect to the following:	1833

(1) Enforcement actions instituted by the superintendent for	1834
a violation of or failure to comply with any provision of sections	1835
1321.35 to 1321.48 of the Revised Code, and the final dispositions	1836
of each such enforcement action;	1837

(2) Suspensions, revocations, or refusals to issue or renew	1838
licenses under sections 1321.35 to 1321.48 of the Revised Code.	1839

(B) The information required under divisions (A)(1) and (2)	1840
of this section does not include information that, pursuant to	1841
division (C) of this section, is confidential.	1842

(C) The following information is confidential:

1843

(1) Examination information, and any information leading to	1844
or arising from an examination;	1845

(2) Investigation information, and any information arising	1846
from or leading to an investigation.	1847

(D) The information described in division (A)(1) of this	1848
section shall remain confidential for all purposes except when it	1849
is necessary for the superintendent to take official action	1850
regarding the affairs of a licensee, or in connection with	1851
criminal or civil proceedings to be initiated by a prosecuting	1852
attorney or the attorney general. This information also may be	1853
introduced into evidence or disclosed when, and in the manner,	1854
authorized by section 1181.25 of the Revised Code.	1855

(E) All application information, except social security	1856
numbers, employer identification numbers, financial account	1857
numbers, the identity of the institution where financial accounts	1858
are maintained, personal financial information, fingerprint cards	1859
and the information contained on such cards, and criminal	1860
background information, is a public record as defined in section	1861
149.43 of the Revised Code.	1862

Sec. 1321.99.  (A) Whoever violates section 1321.02 of the	1863
Revised Code is guilty of a felony of the fifth degree.	1864

(B) Whoever violates section 1321.13 of the Revised Code	1865
shall be fined not less than one hundred nor more than five	1866
hundred dollars or imprisoned not more than six months, or both.	1867

(C) Whoever violates section 1321.14 of the Revised Code	1868
shall be fined not less than fifty nor more than two hundred	1869
dollars for a first offense; for a second offense such person	1870
shall be fined not less than two hundred nor more than five	1871
hundred dollars and imprisoned for not more than six months.	1872

(D) Whoever willfully violates section 1321.57, 1321.58,	1873
1321.59, or 1321.60 of the Revised Code shall be fined not less	1874
than one nor more than five hundred dollars.	1875

(E) Whoever violates section 1321.52 of the Revised Code is	1876
guilty of a felony of the fifth degree.	1877

(F) Whoever violates division (A) of section 1321.73 of the	1878
Revised Code shall be fined not more than five hundred dollars or	1879
imprisoned not more than six months, or both.	1880

(G) Whoever violates section 1321.41 of the Revised Code is	1881
guilty of a misdemeanor of the first degree.	1882

Sec. 1345.01.  As used in sections 1345.01 to 1345.13 of the	1883
Revised Code:	1884

(A) "Consumer transaction" means a sale, lease, assignment,	1885
award by chance, or other transfer of an item of goods, a service,	1886
a franchise, or an intangible, to an individual for purposes that	1887
are primarily personal, family, or household, or solicitation to	1888
supply any of these things. "Consumer transaction" does not	1889
include transactions between persons, defined in sections 4905.03	1890
and 5725.01 of the Revised Code, and their customers, except for	1891
transactions involving a loan made pursuant to sections 1321.35 to	1892
1321.48 of the Revised Code; transactions in connection with	1893
residential mortgages between loan officers, mortgage brokers, or	1894
nonbank mortgage lenders and their customers; transactions between	1895
certified public accountants or public accountants and their	1896
clients; transactions between attorneys, physicians, or dentists	1897
and their clients or patients; and transactions between	1898
veterinarians and their patients that pertain to medical treatment	1899
but not ancillary services.	1900

(B) "Person" includes an individual, corporation, government,	1901
governmental subdivision or agency, business trust, estate, trust,	1902
partnership, association, cooperative, or other legal entity.	1903

(C) "Supplier" means a seller, lessor, assignor, franchisor,	1904
or other person engaged in the business of effecting or soliciting	1905
consumer transactions, whether or not the person deals directly	1906
with the consumer. If the consumer transaction is in connection	1907
with a residential mortgage, "supplier" does not include an	1908
assignee or purchaser of the loan for value, except as otherwise	1909
provided in section 1345.091 of the Revised Code. For purposes of	1910
this division, in a consumer transaction in connection with a	1911
residential mortgage, "seller" means a loan officer, mortgage	1912
broker, or nonbank mortgage lender.	1913

(D) "Consumer" means a person who engages in a consumer	1914
transaction with a supplier.	1915

(E) "Knowledge" means actual awareness, but such actual	1916
awareness may be inferred where objective manifestations indicate	1917
that the individual involved acted with such awareness.	1918

(F) "Natural gas service" means the sale of natural gas,	1919
exclusive of any distribution or ancillary service.	1920

(G) "Public telecommunications service" means the	1921
transmission by electromagnetic or other means, other than by a	1922
telephone company as defined in section 4927.01 of the Revised	1923
Code, of signs, signals, writings, images, sounds, messages, or	1924
data originating in this state regardless of actual call routing.	1925
"Public telecommunications service" excludes a system, including	1926
its construction, maintenance, or operation, for the provision of	1927
telecommunications service, or any portion of such service, by any	1928
entity for the sole and exclusive use of that entity, its parent,	1929
a subsidiary, or an affiliated entity, and not for resale,	1930
directly or indirectly; the provision of terminal equipment used	1931
to originate telecommunications service; broadcast transmission by	1932
radio, television, or satellite broadcast stations regulated by	1933
the federal government; or cable television service.	1934

(H) "Loan officer" has the same meaning as in section 1322.01	1935
of the Revised Code, except that it does not include an employee	1936
of a bank, savings bank, savings and loan association, credit	1937
union, or credit union service organization organized under the	1938
laws of this state, another state, or the United States; an	1939
employee of a subsidiary of such a bank, savings bank, savings and	1940
loan association, or credit union; or an employee of an affiliate	1941
that (1) controls, is controlled by, or is under common control	1942
with, such a bank, savings bank, savings and loan association, or	1943
credit union and (2) is subject to examination, supervision, and	1944
regulation, including with respect to the affiliate's compliance	1945
with applicable consumer protection requirements, by the board of	1946
governors of the federal reserve system, the comptroller of the	1947
currency, the office of thrift supervision, the federal deposit	1948
insurance corporation, or the national credit union	1949
administration.	1950

(I) "Residential mortgage" or "mortgage" means an obligation	1951
to pay a sum of money evidenced by a note and secured by a lien	1952
upon real property located within this state containing two or	1953
fewer residential units or on which two or fewer residential units	1954
are to be constructed and includes such an obligation on a	1955
residential condominium or cooperative unit.	1956

(J) "Mortgage broker" has the same meaning as in section	1957
1322.01 of the Revised Code, except that it does not include a	1958
bank, savings bank, savings and loan association, credit union, or	1959
credit union service organization organized under the laws of this	1960
state, another state, or the United States; a subsidiary of such a	1961
bank, savings bank, savings and loan association, or credit union;	1962
an affiliate that (1) controls, is controlled by, or is under	1963
common control with, such a bank, savings bank, savings and loan	1964
association, or credit union and (2) is subject to examination,	1965
supervision, and regulation, including with respect to the	1966
affiliate's compliance with applicable consumer protection	1967
requirements, by the board of governors of the federal reserve	1968
system, the comptroller of the currency, the office of thrift	1969
supervision, the federal deposit insurance corporation, or the	1970
national credit union administration; or an employee of any such	1971
entity.	1972

(K) "Nonbank mortgage lender" means any person that engages	1973
in a consumer transaction in connection with a residential	1974
mortgage, except for a bank, savings bank, savings and loan	1975
association, credit union, or credit union service organization	1976
organized under the laws of this state, another state, or the	1977
United States; a subsidiary of such a bank, savings bank, savings	1978
and loan association, or credit union; or an affiliate that (1)	1979
controls, is controlled by, or is under common control with, such	1980
a bank, savings bank, savings and loan association, or credit	1981
union and (2) is subject to examination, supervision, and	1982
regulation, including with respect to the affiliate's compliance	1983
with applicable consumer protection requirements, by the board of	1984
governors of the federal reserve system, the comptroller of the	1985
currency, the office of thrift supervision, the federal deposit	1986
insurance corporation, or the national credit union	1987
administration.	1988

(L) For purposes of divisions (H), (J), and (K) of this	1989
section:	1990

(1) "Control" of another entity means ownership, control, or	1991
power to vote twenty-five per cent or more of the outstanding	1992
shares of any class of voting securities of the other entity,	1993
directly or indirectly or acting through one or more other	1994
persons.	1995

(2) "Credit union service organization" means a CUSO as	1996
defined in 12 C.F.R. 702.2.	1997

Sec. 1349.71.  (A) There is hereby created a consumer finance	1998
education board, consisting of the following twelve members,	1999
appointed jointly by the governor, the speaker of the house of	2000
representatives, and the president of the senate with the advice	2001
and consent of the house and senate. One member shall be appointed	2002
from, or as a representative of, each of the following:	2003

(1) TheAn employee of the Ohio attorney general's office,	2004
appointed by the governor;	2005

(2) TheAn employee of the department of commerce, appointed	2006
by the governor;	2007

(3) TheAn employee of the Ohio housing finance agency,	2008
appointed by the governor;	2009

(4) A representative of Ohio minority advocacy groups,	2010
appointed by the governor;	2011

(5) TheA member of the Ohio bankers league, appointed by the	2012
speaker of the house of representatives;	2013

(6) TheA member of the Ohio mortgage bankers association,	2014
appointed by the speaker of the house of representatives;	2015

(7) TheA member of the Ohio credit union league, appointed	2016
by the speaker of the house of representatives;	2017

(8) A member of the Ohio community bankers association,	2018
appointed by the speaker of the house of representatives;	2019

(9) TheA representative of the Ohio real estate industry,	2020
appointed by the president of the senate;	2021

(10) TheA member of the Ohio mortgage brokers association,	2022
appointed by the president of the senate;	2023

(11) TheA representative of the financial services industry,	2024
appointed by the president of the senate;	2025

(12) ConsumerA representative of consumer advocacy	2026
organizations, appointed by the president of the senate.	2027

(B) Geographically diverse representation of the state shall	2028
be considered in making appointments. Of the initial appointments	2029
to the board, four shall be for a term ending December 31, 2008,	2030
four shall be for a term ending December 31, 2009, and four shall	2031
be for a term ending December 31, 2010. Thereafter, terms of	2032
office are for three years, commencing on the first day of January	2033
and ending on the thirty-first day of December. Each member shall	2034
hold office from the date of the member's appointment until the	2035
end of the term for which the member is appointed. Prior to	2036
assuming the duties of office, each member shall subscribe to, and	2037
file with the secretary of state, the constitutional oath of	2038
office. Vacancies that occur on the board shall be filled in the	2039
manner prescribed for regular appointments to the board. A member	2040
appointed to fill a vacancy occurring prior to the expiration of	2041
the term for which the member's predecessor was appointed shall	2042
hold office for the remainder of that predecessor's term. A member	2043
shall continue in office subsequent to the expiration date of the	2044
member's term until the member's successor takes office or until	2045
sixty days have elapsed, whichever occurs first. No person shall	2046
serve as a member of the board for more than two consecutive	2047
terms. The governor may remove a member pursuant to section 3.04	2048
of the Revised Code.	2049

(C) Annually, upon the qualification of the members appointed	2050
in that year, the board shall organize by selecting from its	2051
members a chairperson. The board shall meet at least once each	2052
calendar quarter to conduct its business with the place of future	2053
meetings to be decided by a vote of its members. Each member shall	2054
be provided with written notice of the time and place of each	2055
board meeting at least ten days prior to the scheduled date of the	2056
meeting. A majority of the members of the board constitutes a	2057
quorum to transact and vote on all business coming before the	2058
board.	2059

(D)(1) The governor shall call the first meeting of the	2060
consumer finance education board. At that meeting, and annually	2061
thereafter, the board shall elect a chairperson for a one-year	2062
term and may elect members to other positions on the board as the	2063
board considers necessary or appropriate.	2064

(2) Each member of the board shall receive an amount fixed	2065
pursuant to division (J) of section 124.15 of the Revised Code for	2066
each day employed in the discharge of the member's official	2067
duties, and the member's actual and necessary expenses incurred in	2068
the discharge of those duties.	2069

(E) The board may obtain services from any state agency,	2070
including, but not limited to, the department of commerce or its	2071
successor agency.	2072

(F) The board shall assemble an advisory committee of	2073
representatives from the following organizations or groups for the	2074
purpose of receiving recommendations on policy, rules, and	2075
activities of the board:	2076

(1) The department of aging;

2077

(2) The department of rehabilitation and correction;

2078

(3) The department of development;

2079

(4) The department of job and family services;

2080

(5) The Ohio treasurer of state's office;

2081

(6) The county treasurers association of Ohio;

2082

(7) Ohio college professors;

2083

(8) Ohio university professors;

2084

(9) The Ohio board of regents;

2085

(10) The Ohio community development corporations association;

2086

(11) The Ohio council for economic education;

2087

(12) The Ohio state university extension service.

2088

Sec. 1349.72.  (A) In addition to any other duties imposed on	2089
the consumer finance education board by section 1349.71 of the	2090
Revised Code, the board shall:	2091

(1) Analyze and investigate, on its own initiative, the	2092
policies and practices of state agencies, nonprofit entities, and	2093
businesses, inasmuch as such policies and practices address	2094
financial literacy, access by state residents to financial	2095
information, education, and resources, prevention of foreclosures	2096
and bankruptcies, and prepurchase and postpurchase counseling and	2097
education for homebuyers, and small loan counseling and education	2098
for borrowers;	2099

(2) Provide an annual report and consultation and	2100
recommendations to the governor, the general assembly, state	2101
agencies, nonprofit entities, and businesses based on the board's	2102
findings;	2103

(3) Coordinate and provide resources and assistance to state	2104
agencies, nonprofit entities, and businesses in the furtherance of	2105
those entities' efforts to improve financial literacy, access by	2106
state residents to financial information, education, and	2107
resources, prevention of foreclosures and bankruptcies, and	2108
prepurchase and postpurchase counseling and education for	2109
homebuyers, and small loan counseling and education for	2110
borrowers.	2111

(4) Provide financial assistance to Ohioans through grants	2112
funded through the consumer finance fund created under section	2113
1321.21 of the Revised Code and utilize these same funds to	2114
provide grants to design, develop, and implement any other	2115
programs described in this section.	2116

(5) Receive grants from the consumer finance fund for the	2117
implementation of this section.	2118

(B) The board may assign and delegate the execution of its	2119
duties to smaller groups of its own members, which shall include	2120
committees specifically chartered to address all of the following	2121
issues:	2122

(1) The needs of persons, ages eighteen to twenty-five, in	2123
the context of the objectives enumerated in division (A) of this	2124
section;	2125

(2) The needs of persons, classified as needy, based on a	2126
household adjusted gross income equal to or less than two hundred	2127
per cent of the poverty level, as determined by the Ohio office of	2128
budget and management, or the earned income amount described in	2129
section thirty-two of the Internal Revenue Code of 1986, taking	2130
into account the size of the household, in the context of the	2131
objectives enumerated in division (A) of this section;	2132

(3) The needs of persons, previously convicted of one or more	2133
felonies, in the context of the objectives enumerated in division	2134
(A) of this section;	2135

(4) The needs of persons, characterized as vulnerable by	2136
reason of advanced age, disability, minority, or other demographic	2137
consideration, in the context of the objectives enumerated in	2138
division (A) of this section;	2139

(5) Any other group or issue identified by the board as	2140
worthy of particular attention.	2141

(C) The board shall create a pilot financial literacy and	2142
counseling program funded through the consumer finance fund, to be	2143
operated in the five counties with the highest mortgage	2144
foreclosure rates as of the effective date of this sectionthe	2145
effective date of this amendment, and completion of which shall be	2146
recommended by mortgage brokers and loan officers for any	2147
consumer seeking a mortgage loan with origination fees greater	2148
than five per cent. Before a mortgage broker permits a consumer	2149
to commit to such a loan, the broker shall notify the consumer	2150
that the loan may have attributes that are predatory. No person	2151
who offers education, advice, or counseling through the financial	2152
literacy and counseling program shall be held liable for any	2153
damages incurred from actions taken based on the education,	2154
advice, or counseling given.	2155

Sec. 1733.25.  (A) A credit union may make loans or other	2156
extensions of credit to members for provident and productive	2157
purposes as authorized by law, including rules adopted by the	2158
superintendent of credit unions; the articles; and the	2159
regulations; and subject to policies adopted by the credit	2160
committee and approved by the board of directors.	2161

(B) Upon the approval of the board of directors, a credit	2162
union may make loans or other extensions of credit to other credit	2163
unions, provided that loans or other extensions of credit made to	2164
other credit unions need not have the approval of the board of	2165
directors on a per case basis. The total of all such loans or	2166
other extensions of credit, including the aggregate of all money	2167
paid into any trust established by one or more credit unions for	2168
the purpose of making loans or other extensions of credit to other	2169
credit unions, shall not exceed twenty-five per cent of the shares	2170
and undivided earnings of the lending credit union, except that	2171
this percentage limitation does not apply to corporate credit	2172
unions.	2173

(C) The(1) Except as authorized under division (C)(2) of	2174
this section, the interest on any loan or other extension of	2175
credit made by a credit union shall not exceed one and one-half	2176
per cent per month on unpaid balances. Such interest may accrue	2177
and be chargeable upon a monthly basis, and may be computed upon	2178
the unpaid balance of the loan or other extension of credit as of	2179
the end of the previous calendar month.	2180

Such interest may be accrued and charged by any technique	2181
approved by the superintendent so long as the effective interest	2182
rate on any loan or other extension of credit does not exceed the	2183
amount permitted to be charged by the computation authorized in	2184
this division.	2185

(2) A credit union may make unsecured loans that meet the	2186
conditions set forth in sections 1321.39, 1321.40, and 1321.41 of	2187
the Revised Code.	2188

(D) A credit union may accept security in such form and under	2189
rules as shall be set forth in the articles, the regulations, or	2190
established by the credit committee and approved by the board of	2191
directors.	2192

(E)(1) The credit union shall have a lien on the membership	2193
share, shares, deposits, and accumulated dividends and interest of	2194
a member in an individual, joint, trust, or payable on death	2195
account for any obligation owed to the credit union by that member	2196
or for any loan co-signed or guaranteed by the member or account	2197
holder; provided, however, that a credit union shall not have a	2198
lien upon the funds in an individual retirement account or an	2199
account established pursuant to the Internal Revenue Code of the	2200
United States.	2201

(2) A credit union may refuse to allow withdrawals from any	2202
share or deposit account by a member while the member has any	2203
outstanding obligation to the credit union.	2204

(F) Notwithstanding any limitation provided in any other	2205
provision of this chapter or Chapter 1343. of the Revised Code, a	2206
credit union may enter into a loan agreement with a member in	2207
accordance with all of the following:	2208

(1) The loan is for any amount up to one thousand dollars.

2209

(2) The term of the loan is thirty days or less.

2210

(3) The credit union may charge a fee in addition to any	2211
interest authorized by law in connection with the loan, which fee	2212
is not to be included in the computation of interest for any	2213
provision of the Revised Code, including division (C) of this	2214
section, that prescribes, regulates, or limits interest charged,	2215
collected, or received in connection with a transaction.	2216

(4) The total interest, fees, and other costs of the loan	2217
does not exceed ten per cent of the principal amount.	2218

(5) A member shall not have more than one loan under division	2219
(F) of this section outstanding at any one time with the credit	2220
union.	2221

(6) The loan is not being made to a member for purposes of	2222
retiring an existing loan between the credit union and that	2223
member, which existing loan was made pursuant to division (F) of	2224
this section.	2225

(G)(1) Subject to division (G)(2) of this section and any	2226
restrictions or requirements established by the superintendent, in	2227
connection with any loan or extension of credit, a credit union	2228
may enter into a debt suspension agreement or debt cancellation	2229
contract with the borrower or borrowers.	2230

(2) A credit union shall not offer or finance, directly or	2231
indirectly, a debt suspension agreement or debt cancellation	2232
contract requiring a lump sum, single payment for the agreement or	2233
contract payable at the outset of the agreement or contract, if	2234
the debt subject to the agreement or contract is secured by one to	2235
four family, residential real property.	2236

(3) For purposes of division (G) of this section, "debt	2237
cancellation contract" and "debt suspension agreement" have the	2238
same meanings as in 12 C.F.R. part 37.	2239

Sec. 2307.61.  (A) If a property owner brings a civil action	2240
pursuant to division (A) of section 2307.60 of the Revised Code to	2241
recover damages from any person who willfully damages the owner's	2242
property or who commits a theft offense, as defined in section	2243
2913.01 of the Revised Code, involving the owner's property, the	2244
property owner may recover as follows:	2245

(1) In the civil action, the property owner may elect to	2246
recover moneys as described in division (A)(1)(a) or (b) of this	2247
section:	2248

(a) Compensatory damages that may include, but are not	2249
limited to, the value of the property and liquidated damages in	2250
whichever of the following amounts applies:	2251

(i) Fifty dollars, if the value of the property was fifty	2252
dollars or less at the time it was willfully damaged or was the	2253
subject of a theft offense;	2254

(ii) One hundred dollars, if the value of the property was	2255
more than fifty dollars, but not more than one hundred dollars, at	2256
the time it was willfully damaged or was the subject of a theft	2257
offense;	2258

(iii) One hundred fifty dollars, if the value of the property	2259
was more than one hundred dollars at the time it was willfully	2260
damaged or was the subject of a theft offense.	2261

(b) Liquidated damages in whichever of the following amounts	2262
is greater:	2263

(i) Two hundred dollars;

2264

(ii) Three times the value of the property at the time it was	2265
willfully damaged or was the subject of a theft offense,	2266
irrespective of whether the property is recovered by way of	2267
replevin or otherwise, is destroyed or otherwise damaged, is	2268
modified or otherwise altered, or is resalable at its full market	2269
price. This division does not apply to a check, negotiable order	2270
of withdrawal, share draft, or other negotiable instrument that	2271
was returned or dishonored for insufficient funds by a financial	2272
institution if the check, negotiable order of withdrawal, share	2273
draft, or other negotiable instrument was presented by an	2274
individual borrower to a check-cashing business licensed pursuant	2275
tolicensee under sections 1315.35 to 1315.441321.35 to 1321.48	2276
of the Revised Code for a check-cashing loan transaction.	2277

(2) In a civil action in which the value of the property that	2278
was willfully damaged or was the subject of a theft offense is	2279
less than five thousand dollars, the property owner may recover	2280
damages as described in division (A)(1)(a) or (b) of this section	2281
and additionally may recover the reasonable administrative costs,	2282
if any, of the property owner that were incurred in connection	2283
with actions taken pursuant to division (A)(2) of this section,	2284
the cost of maintaining the civil action, and reasonable	2285
attorney's fees, if all of the following apply:	2286

(a) The property owner, at least thirty days prior to the	2287
filing of the civil action, serves a written demand for payment of	2288
moneys as described in division (A)(1)(a) of this section and the	2289
reasonable administrative costs, if any, of the property owner	2290
that have been incurred in connection with actions taken pursuant	2291
to division (A)(2) of this section, upon the person who willfully	2292
damaged the property or committed the theft offense.	2293

(b) The demand conforms to the requirements of division (C)	2294
of this section and is sent by certified mail, return receipt	2295
requested.	2296

(c) Either the person who willfully damaged the property or	2297
committed the theft offense does not make payment to the property	2298
owner of the amount specified in the demand within thirty days	2299
after the date of its service upon that person and does not enter	2300
into an agreement with the property owner during that thirty-day	2301
period for that payment or the person who willfully damaged the	2302
property or committed the theft offense enters into an agreement	2303
with the property owner during that thirty-day period for that	2304
payment but does not make that payment in accordance with the	2305
agreement.	2306

(B) If a property owner who brings a civil action pursuant to	2307
division (A) of section 2307.60 of the Revised Code to recover	2308
damages for willful damage to property or for a theft offense	2309
attempts to collect the reasonable administrative costs, if any,	2310
of the property owner that have been incurred in connection with	2311
actions taken pursuant to division (A)(2) of this section, the	2312
cost of maintaining the civil action, and reasonable attorney's	2313
fees under authority of that division and if the defendant	2314
prevails in the civil action, the defendant may recover from the	2315
property owner reasonable attorney's fees, the cost of defending	2316
the civil action, and any compensatory damages that may be proven.	2317

(C) For purposes of division (A)(2) of this section, a	2318
written demand for payment shall include a conspicuous notice to	2319
the person upon whom the demand is to be served that indicates all	2320
of the following:	2321

(1) The willful property damage or theft offense that the	2322
person allegedly committed;	2323

(2) That, if the person makes payment of the amount specified	2324
in the demand within thirty days after its service upon the person	2325
or enters into an agreement with the property owner during that	2326
thirty-day period for that payment and makes that payment in	2327
accordance with the agreement, the person cannot be sued by the	2328
property owner in a civil action in relation to the willful	2329
property damage or theft offense;	2330

(3) That, if the person fails to make payment of the amount	2331
specified in the demand within thirty days after the date of its	2332
service upon the person and fails to enter into an agreement for	2333
that payment with the property owner during that thirty-day period	2334
or enters into an agreement for that payment with the property	2335
owner during that thirty-day period but does not make that payment	2336
in accordance with the agreement, the person may be sued in a	2337
civil action in relation to the willful property damage or theft	2338
offense;	2339

(4) The potential judgment that the person may be required to	2340
pay if the person is sued in a civil action in relation to the	2341
willful property damage or theft offense and judgment is rendered	2342
against the person in that civil action;	2343

(5) That, if the person is sued in a civil action by the	2344
property owner in relation to the willful property damage or theft	2345
offense, if the civil action requests that the person be required	2346
to pay the reasonable administrative costs, if any, of the	2347
property owner that have been incurred in connection with actions	2348
taken pursuant to division (A)(2) of this section, the cost of	2349
maintaining the action, and reasonable attorney's fees, and if the	2350
person prevails in the civil action, the person may recover from	2351
the property owner reasonable attorney's fees, the cost of	2352
defending the action, and any compensatory damages that can be	2353
proved.	2354

(D) If a property owner whose property was willfully damaged	2355
or was the subject of a theft offense serves a written demand for	2356
payment upon a person who willfully damaged the property or	2357
committed the theft offense and if the person makes payment of the	2358
amount specified in the demand within thirty days after the date	2359
of its service upon the person or the person enters into an	2360
agreement with the property owner during that thirty-day period	2361
for that payment and makes payment in accordance with the	2362
agreement, the property owner shall not file a civil action	2363
against the person in relation to the willful property damage or	2364
theft offense.	2365

(E) If a property owner whose property was willfully damaged	2366
or was the subject of a theft offense serves a written demand for	2367
payment upon a person who willfully damaged the property or	2368
committed the theft offense and if the person, within thirty days	2369
after the date of service of the demand upon the person, enters	2370
into an agreement with the property owner for the payment of the	2371
amount specified in the demand but does not make that payment in	2372
accordance with the agreement, the time between the entering of	2373
the agreement and the failure to make that payment shall not be	2374
computed as any part of the period within which a civil action	2375
based on the willful property damage or theft offense must be	2376
brought under the Revised Code.	2377

(F) A civil action to recover damages for willful property	2378
damage or for a theft offense may be joined with a civil action	2379
that is brought pursuant to Chapter 2737. of the Revised Code to	2380
recover the property. If the two actions are joined, any	2381
compensatory damages recoverable by the property owner shall be	2382
limited to the value of the property.	2383

(G)(1) In a civil action to recover damages for willful	2384
property damage or for a theft offense, the trier of fact may	2385
determine that an owner's property was willfully damaged or that a	2386
theft offense involving the owner's property has been committed,	2387
whether or not any person has pleaded guilty to or has been	2388
convicted of any criminal offense or has been adjudicated a	2389
delinquent child in relation to any act involving the owner's	2390
property.	2391

(2) This section does not affect the prosecution of any	2392
criminal action or proceeding or any action to obtain a delinquent	2393
child adjudication in connection with willful property damage or a	2394
theft offense.	2395

(H) As used in this section:

2396

(1) "Administrative costs" includes the costs of written	2397
demands for payment and associated postage under division (A)(2)	2398
of this section.	2399

(2) "Value of the property" means one of the following:

2400

(a) The retail value of any property that is offered for sale	2401
by a mercantile establishment, irrespective of whether the	2402
property is destroyed or otherwise damaged, is modified or	2403
otherwise altered, or otherwise is not resalable at its full	2404
market price;	2405

(b) The face value of any check or other negotiable	2406
instrument that is not honored due to insufficient funds in the	2407
drawer's account, the absence of any drawer's account, or another	2408
reason, and all charges imposed by a bank, savings and loan	2409
association, credit union, or other financial institution upon the	2410
holder of the check or other negotiable instrument;	2411

(c) The replacement value of any property not described in	2412
division (H)(1) or (2) of this section.	2413

Section 2. That existing sections 109.572, 135.63, 1109.20,	2414
1151.29, 1181.05, 1181.21, 1181.25, 1315.99, 1321.02, 1321.21,	2415
1321.99, 1345.01, 1349.71, 1349.72, 1733.25, and 2307.61 of the	2416
Revised Code are hereby repealed.	2417

Section 3. That sections 1315.35, 1315.36, 1315.37, 1315.38,	2418
1315.39, 1315.40, 1315.41, 1315.42, 1315.43, and 1315.44 of the	2419
Revised Code are hereby repealed.	2420

Section 4.  The Superintendent of Financial Institutions	2421
shall develop, implement, and maintain a statewide common	2422
database in accordance with section 1321.46 of the Revised Code	2423
within 120 days of the effective date of this act. In the period	2424
of time between the effective date of this act and the	2425
availability of a statewide common database, a check-cashing	2426
business shall require a borrower to sign a written declaration	2427
confirming that the borrower does not have more than one	2428
outstanding check-cashing loan.	2429

Section 5. All licenses issued pursuant to sections 1315.35	2430
to 1315.44 of the Revised Code, and in effect on the date this	2431
section becomes effective, shall remain in effect, unless	2432
suspended or revoked by the superintendent of financial	2433
institutions, until such time as the license would be subject to	2434
renewal pursuant to sections 1315.35 to 1315.44 of the Revised	2435
Code as those sections existed prior to the effective date of this	2436
act. The superintendent shall recognize any such license holder as	2437
a valid license holder under sections 1321.35 to 1321.48 of the	2438
Revised Code as enacted by this act, and such license holder	2439
thereafter is subject to all provisions of sections 1321.35 to	2440
1321.48 of the Revised Code.	2441

Section 6. Within thirty days of the effective date of this	2442
act, the Director of Budget and Management shall make a one-time	2443
transfer of five per cent of the balance of the consumer finance	2444
fund, created under section 1321.21 of the Revised Code, to the	2445
financial literacy education fund created under section 121.085 of	2446
the Revised Code as enacted by this act.	2447