As Passed by the House

127th General Assembly Regular Session 2007-2008

Sub. H. B. No. 545

Representative Widener 

Cosponsors: Representatives Koziura, Batchelder, Budish, Stewart, D., Boyd, DeBose, Driehaus, Dyer, Foley, Garrison, Gerberry, Hagan, R., Letson, Luckie, Lundy, Newcomb, Peterson, Skindell, Stebelton, Sykes, Wagner, Widowfield, Yates 

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A BILL

To amend sections 109.572, 135.63, 1109.15, 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 savings and loan associations

13

and credit unions 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, 1109.15, 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. 1109.15.  (A)(1) Subject to the restrictions and	674
limitations of the Revised Code, a bank may do any of the	675
following:	676

(a) Loan money, with or without security, and payable on	677
demand, at maturity, in installments, or by any combination of	678
these;	679

(b) Issue, advise, and confirm letters of credit authorizing	680
the beneficiaries of the letters to draw upon the bank or its	681
correspondents;	682

(c) Purchase open accounts, whether or not the accounts	683
represent an evidence of debt.	684

(2) Subject to the margin requirements the superintendent of	685
financial institutions may prescribe by rule, a bank may make	686
loans secured by stocks, bonds, or other securities.	687

(B) Subject to sections 1109.22, 1109.32, and 1109.47 of the	688
Revised Code and any rules the superintendent prescribes, a bank	689
may purchase obligations of any kind with or without recourse.	690

(C) A bank may acquire personal property for lease to others,	691
if the transaction, as a whole, has the character of an extension	692
of credit.	693

(D)(1) Subject to division (D)(2) of this section, any other	694
restrictions and limitations of the Revised Code, and any	695
restrictions or requirements established by the superintendent, a	696
bank may enter into a debt suspension agreement or debt	697
cancellation contract with a borrower or borrowers in connection	698
with any loan or extension of credit.	699

(2) A bank shall not offer or finance, directly or	700
indirectly, a debt suspension agreement or debt cancellation	701
contract requiring a lump sum, single payment for the agreement or	702
contract payable at the outset of the agreement or contract, if	703
the debt subject to the agreement or contract is secured by one to	704
four family, residential real property.	705

(3) For purposes of division (D) of this section, "debt	706
cancellation contract" and "debt suspension agreement" have the	707
same meanings as in 12 C.F.R part 37.	708

(E) Unless otherwise expressly agreed in writing, the	709
relationship between a bank and its obligor, with respect to any	710
extension of credit, is that of a creditor and debtor, and creates	711
no fiduciary or other relationship between the parties.	712

(F) A bank, that is a public depository, may make loans	713
pursuant to sections 135.68 to 135.70 of the Revised Code, and	714
collect interest and fees authorized therein for such loans,	715
notwithstanding the interest rate permitted under section 1109.20	716
of the Revised Code.	717

Sec. 1151.29.  A savings and loan association may make,	718
invest in, sell, purchase, participate, or otherwise deal in loans	719
to members and others on such terms as are provided by the	720
association, subject to the provisions of this section and section	721
1151.292 of the Revised Code.	722

(A) Loans may be made upon the security of real estate which	723
is improved residential property, a combination of residential and	724
business property, or a farm under cultivation, as follows:	725

(1) The amount loaned upon any one such property shall not	726
exceed ninety per cent of the appraised value, except as otherwise	727
provided in divisions (A)(2) and (3) of this section.	728

(2) The maximum amount loaned upon any one such property	729
shall be ninety-five per cent of the appraised value of the	730
security property if all of the following criteria are met:	731

(a) The loan contract requires that, in addition to principal	732
and interest payments on the loan, one-twelfth of the estimated	733
annual taxes and assessments on the security property be paid	734
monthly in advance;	735

(b) The borrower shall have executed a certificate stating	736
that the borrower occupies or in good faith intends to occupy the	737
property or one dwelling on the property as histhe borrower's	738
principal residence.	739

(3) The maximum loan to value ratios under divisions (A)(1)	740
and (2) of this section shall not be applicable if one or more of	741
the following criteria apply:	742

(a) That portion of the loan in excess of ninety-five per	743
cent is insured or guaranteed by a mortgage insurance company	744
acceptable to the superintendent of savings and loan associations,	745
or the association establishes and maintains a specific reserve of	746
one per cent of the original principal balance until reduced to	747
ninety per cent of the value of the security property;	748

(b) The loan is secured by a single-family dwelling or a	749
one-family condominium unit and it is:	750

(i) Made under regulations for the housing opportunity	751
allowance program authorized by the "Emergency Home Finance Act of	752
1970," 47 Stat. 736, 12 U.S.C. 1437, and amendments thereto;	753

(ii) Insured or guaranteed by an agency or instrumentality of	754
this state.	755

(4) For purposes of this section, "value" means market value.	756
Loans made pursuant to divisions (A)(1), (2), and (3) of this	757
section shall be payable in weekly, monthly, quarterly,	758
semiannual, or annual installments sufficient to retire the loan	759
within forty years or less. For purposes of this section,	760
"installments" means regular periodic payments, equal or unequal,	761
sufficient to retire the debt, interest and principal, within the	762
contract period. Such contracts may be granted without provision	763
for amortization or may provide for periods of negative	764
amortization. Payments on all installment loans, except	765
construction loans, shall begin not later than ninety days after	766
the advance of the loan; on installment construction loans, such	767
payments shall begin not later than thirty-six months after the	768
date of the first advance for construction.	769

(B) Loans may be made on the security of building lots and	770
sites which, by reason of off-site or other improvements as are	771
available and common to the area, are ready for the construction	772
on each such building lot or site of a structure designed	773
primarily for residential use. Such loans shall comply with the	774
following requirements:	775

(1) Single-family-dwelling loans for a borrower's principal	776
residence, as evidenced by a borrower's certification of intention	777
executed at the time the loan is made, shall not exceed	778
seventy-five per cent of the value of the security property and	779
shall be repayable within fifteen years, with interest payable at	780
least semiannually. The loan contract shall provide for monthly	781
payments sufficient to amortize at least thirty per cent of the	782
original principal amount before the end of the loan term.	783

(2) Loans other than for a borrower's principal residence	784
shall not exceed seventy-five per cent of the value of the	785
security property and shall be repayable within five years, with	786
interest payable at least semiannually beginning not more than one	787
year after the initial disbursement.	788

(C) Loans may be made on the security of unimproved real	789
estate but such loans shall not exceed sixty-six and two-thirds	790
per cent of the value of the security property, and shall be	791
repayable within three years with interest payable at least	792
semiannually.	793

(D) An association may make a collateral loan to the extent	794
that it could, under applicable law and regulations, make or	795
purchase the underlying assigned loans. For purposes of this	796
division, a "collateral loan" means a loan which is secured by an	797
assignment of loans.	798

(E) Notwithstanding the limitations set forth in any other	799
section of the Revised Code, an association may impose a	800
prepayment penalty. On a loan secured by a lien upon a home	801
occupied or to be occupied by the borrower, the prepayment penalty	802
shall comply with the following:	803

(1) The loan contract shall expressly provide for a	804
prepayment penalty.	805

(2) If the loan contract provides that the interest rate may	806
be adjusted periodically, no prepayment penalty may be imposed	807
within ninety days following notice of an adjustment to the	808
borrower.	809

(3) If the association gives written notice to the borrower	810
that the loan is due pursuant to a due-on-sale clause, or	811
commences a foreclosure proceeding to enforce a due-on-sale clause	812
or to seek payment in full as a result of invoking such clause, no	813
prepayment penalty may be imposed.	814

(F) A savings and loan association may make unsecured loans	815
that meet the conditions set forth in sections 1321.39, 1321.40,	816
and 1321.41 of the Revised Code.	817

Sec. 1181.05.  (A) As used in this section, "consumer finance	818
company" means any person required to be licensed or registered	819
under Chapter 1321., 1322., 4712., 4727., or 4728.,or sections	820
1315.21 to 1315.30, or sections 1315.35 to 1315.44 of the Revised	821
Code.	822

(B) Neither the superintendent of financial institutions nor	823
any other employee of the division of financial institutions shall	824
do any of the following: be interested, directly or indirectly, in	825
any bank, savings and loan association, savings bank, credit	826
union, or consumer finance company, that is under the supervision	827
of the superintendent of financial institutions; directly or	828
indirectly borrow money from any such financial institution or	829
company; serve as a director or officer of or be employed by any	830
such financial institution or company; or own an equity interest	831
in any such financial institution or company. For purposes of this	832
section, an equity interest does not include the ownership of an	833
account in a mutual savings and loan association or in a savings	834
bank that does not have permanent stock or the ownership of a	835
share account in a credit union.	836

(C) Subject to division (G) of this section, an employee of	837
the division of financial institutions may retain any extension of	838
credit that otherwise would be prohibited by division (B) of this	839
section if both of the following apply:	840

(1) The employee obtained the extension of credit prior to	841
October 29, 1995, or the commencement of the employee's employment	842
with the division, or as a result of a change in the employee's	843
marital status, the consummation of a merger, acquisition,	844
transfer of assets, or other change in corporate ownership beyond	845
the employee's control, or the sale of the extension of credit in	846
the secondary market or other business transaction beyond the	847
employee's control.	848

(2) The employee liquidates the extension of credit under its	849
original terms and without renegotiation.	850

If the employee chooses to retain the extension of credit,	851
the employee shall immediately provide written notice of the	852
retention to the employee's supervisor. Thereafter, the employee	853
shall be disqualified from participating in any decision,	854
examination, audit, or other action that may affect that	855
particular creditor.	856

(D) Subject to division (G) of this section, an employee of	857
the division of financial institutions may retain any ownership of	858
or beneficial interest in the securities of a financial	859
institution or consumer finance company that is under the	860
supervision of the division of financial institutions, or of a	861
holding company or subsidiary of such a financial institution or	862
company, which ownership or beneficial interest otherwise would be	863
prohibited by division (B) of this section, if the ownership or	864
beneficial interest is acquired by the employee through	865
inheritance or gift, prior to October 29, 1995, or the	866
commencement of the employee's employment with the division, or as	867
a result of a change in the employee's marital status or the	868
consummation of a merger, acquisition, transfer of assets, or	869
other change in corporate ownership beyond the employee's control.	870

If the employee chooses to retain the ownership or beneficial	871
interest, the employee shall immediately provide written notice of	872
the retention to the employee's supervisor. Thereafter, the	873
employee shall be disqualified from participating in any decision,	874
examination, audit, or other action that may affect the issuer of	875
the securities. However, if the ownership of or beneficial	876
interest in the securities and the subsequent disqualification	877
required by this division impair the employee's ability to perform	878
the employee's duties, the employee may be ordered to divest self	879
of the ownership of or beneficial interest in the securities.	880

(E) Notwithstanding division (B) of this section, an employee	881
of the division of financial institutions may have an indirect	882
interest in the securities of a financial institution or consumer	883
finance company that is under the supervision of the division of	884
financial institutions, which interest arises through ownership of	885
or beneficial interest in the securities of a publicly held mutual	886
fund or investment trust, if the employee owns or has a beneficial	887
interest in less than five per cent of the securities of the	888
mutual fund or investment trust, and the mutual fund or investment	889
trust is not advised or sponsored by a financial institution or	890
consumer finance company that is under the supervision of the	891
division of financial institutions. If the mutual fund or	892
investment trust is subsequently advised or sponsored by a	893
financial institution or consumer finance company that is under	894
the supervision of the division of financial institutions, the	895
employee shall immediately provide written notice of the ownership	896
of or beneficial interest in the securities to the employee's	897
supervisor. Thereafter, the employee shall be disqualified from	898
participating in any decision, examination, audit, or other action	899
that may affect the financial institution or consumer finance	900
company. However, if the ownership of or beneficial interest in	901
the securities and the subsequent disqualification required by	902
this division impair the employee's ability to perform the	903
employee's duties, the employee may be ordered to divest self of	904
the ownership of or beneficial interest in the securities.	905

(F)(1) For purposes of this section, the interests of an	906
employee's spouse or dependent child arising through the ownership	907
or control of securities shall be considered the interests of the	908
employee, unless the interests are solely the financial interest	909
and responsibility of the spouse or dependent child, the interests	910
are not in any way derived from the income, assets, or activity of	911
the employee, and any financial or economic benefit from the	912
interests is for the personal use of the spouse or dependent	913
child.	914

(2) If an employee's spouse or dependent child obtains	915
interests arising through the ownership or control of securities	916
and, pursuant to division (F)(1) of this section, the interests	917
are not considered the interests of the employee, the employee	918
shall immediately provide written notice of the interests to the	919
employee's supervisor. Thereafter, the employee shall be	920
disqualified from participating in any decision, examination,	921
audit, or other action that may affect the issuer of the	922
securities.	923

(G) For purposes of divisions (C) and (D) of this section,	924
both of the following apply:	925

(1) With respect to any employee of the former division of	926
consumer finance who, on the first day of the first pay period	927
commencing after the effective date of this section, becomes an	928
employee of the division of financial institutions, the employee's	929
employment with the division of financial institutions is deemed	930
to commence on the first day of the first pay period commencing	931
after the effective date of this section.	932

(2) With respect to any employee who, on October 29, 1995,	933
became an employee of the division of financial institutions, the	934
employee may, notwithstanding divisions (C) and (D) of this	935
section, retain any extension of credit by a consumer finance	936
company that was obtained at any time prior to the first day of	937
the first pay period commencing after the effective date of this	938
section, or retain any ownership of or beneficial interest in the	939
securities of a consumer finance company, or of a holding company	940
or subsidiary of such a company, that was acquired at any time	941
prior to the first day of the first pay period commencing after	942
the effective date of this section. If the employee chooses to	943
retain the extension of credit or the ownership or beneficial	944
interest, the employee shall comply with divisions (C) and (D) of	945
this section.	946

Sec. 1181.21.  (A) As used in this section, "consumer finance	947
company" has the same meaning as in section 1181.05 of the Revised	948
Code.	949

(B) The superintendent of financial institutions shall see	950
that the laws relating to consumer finance companies are executed	951
and enforced.	952

(C) The deputy superintendent for consumer finance shall be	953
the principal supervisor of consumer finance companies. In that	954
position the deputy superintendent for consumer finance shall,	955
notwithstanding division (C)(E) of section 1315.421321.42,	956
division (A) of section 1321.76, and sections 1321.07, 1321.55,	957
1322.06, 4727.05, and 4728.05 of the Revised Code, be responsible	958
for conducting examinations and preparing examination reports	959
under those sections. In addition, the deputy superintendent for	960
consumer finance shall, notwithstanding sections 1315.27, 1315.43,	961
1321.10, 1321.43, 1321.54, 1321.77, 1322.12, 4712.14, 4727.13, and	962
4728.10 of the Revised Code, have the authority to adopt rules and	963
standards in accordance with those sections. In performing or	964
exercising any of the examination, rule-making, or other	965
regulatory functions, powers, or duties vested by this division in	966
the deputy superintendent for consumer finance, the deputy	967
superintendent for consumer finance shall be subject to the	968
control of the superintendent of financial institutions and the	969
director of commerce.	970

Sec. 1181.25. The superintendent of financial institutions	971
may introduce into evidence or disclose, or authorize to be	972
introduced into evidence or disclosed, information that, under	973
sections 1121.18, 1155.16, 1163.20, 1315.122, 1321.09, 1321.48,	974
1321.55, 1321.76, 1322.06, 1322.061, 1733.32, 1733.327, and	975
4727.18 of the Revised Code, is privileged, confidential, or	976
otherwise not public information or a public record, provided that	977
the superintendent acts only as provided in those sections or in	978
the following circumstances:	979

(A) When in the opinion of the superintendent, it is	980
appropriate with regard to any enforcement actions taken and	981
decisions made by the superintendent under Chapters 1315., 1321.,	982
1322., 1733., 4712., 4727., and 4728. of the Revised Code or Title	983
XI of the Revised Code;	984

(B) When litigation has been initiated by the superintendent	985
in furtherance of the powers, duties, and obligations imposed upon	986
the superintendent by Chapters 1315., 1321., 1322., 1733., 4712.,	987
4727., and 4728. of the Revised Code or Title XI of the Revised	988
Code;	989

(C) When in the opinion of the superintendent, it is	990
appropriate with regard to enforcement actions taken or decisions	991
made by other financial institution regulatory authorities to whom	992
the superintendent has provided the information pursuant to	993
authority in Chapters 1315., 1321., 1322., 1733., 4712., 4727.,	994
and 4728. of the Revised Code or Title XI of the Revised Code.	995

Sec. 1315.99.  (A) Whoever violates division (A) or (B) of	996
section 1315.28, section 1315.41, or division (E)(2) of section	997
1315.53 of the Revised Code is guilty of a misdemeanor of the	998
first degree.	999

(B) Whoever violates division (F)(1) of section 1315.53 or	1000
division (B) of section 1315.54 of the Revised Code is guilty of a	1001
felony of the fourth degree.	1002

(C) Whoever violates division (A) of section 1315.55 of the	1003
Revised Code is guilty of money laundering. A violation of	1004
division (A)(1), (2), (3), (4), or (5) of that section is a felony	1005
of the third degree, and, in addition, the court may impose a fine	1006
of seven thousand five hundred dollars or twice the value of the	1007
property involved, whichever is greater.	1008

(D) Whoever knowingly violates division (A) of section	1009
1315.02, or intentionally violates division (B)(1) of section	1010
1315.081, of the Revised Code is guilty of a felony of the fourth	1011
degree.	1012

Sec. 1321.02.  No person shall engage in the business of	1013
lending money, credit, or choses in action in amounts of five	1014
thousand dollars or less, or exact, contract for, or receive,	1015
directly or indirectly, on or in connection with any such loan,	1016
any interest and charges that in the aggregate are greater than	1017
the interest and charges that the lender would be permitted to	1018
charge for a loan of money if the lender were not a licensee,	1019
without first having obtained a license from the division of	1020
financial institutions under sections 1321.01 to 1321.19 of the	1021
Revised Code.	1022

Sections 1321.01 to 1321.19 of the Revised Code do not apply	1023
to any person doing business under and as permitted by any law of	1024
this state, another state, or the United States relating to banks,	1025
savings banks, savings societies, trust companies, credit unions,	1026
savings and loan associations substantially all the business of	1027
which is confined to loans on real estate mortgages and evidences	1028
of their own indebtedness; to registrants conducting business	1029
pursuant to sections 1321.51 to 1321.60 of the Revised Code; to	1030
licensees conducting business pursuant to sections 1321.71 to	1031
1321.83 of the Revised Code; to licensees doing business pursuant	1032
to sections 1315.35 to 1315.441321.35 to 1321.48 of the Revised	1033
Code; or to any entity who is licensed pursuant to Title XXXIX of	1034
the Revised Code, who makes advances or loans to any person who is	1035
licensed to sell insurance pursuant to that Title, and who is	1036
authorized in writing by that entity to sell insurance. No person	1037
engaged in the business of selling tangible goods or services	1038
related thereto may receive or retain a license under sections	1039
1321.01 to 1321.19 of the Revised Code for such place of business.	1040

The first paragraph of this section applies to any person,	1041
who by any device, subterfuge, or pretense, charges, contracts	1042
for, or receives greater interest, consideration, or charges than	1043
that authorized by this section for any such loan or use of money	1044
or for any such loan, use, or sale of credit, or who for a fee or	1045
any manner of compensation arranges or offers to find or arrange	1046
for another person to make any such loan, use, or sale of credit.	1047
This section does not preclude the acquiring, directly or	1048
indirectly, by purchase or discount, of a bona fide obligation for	1049
goods or services when such obligation is payable directly to the	1050
person who provided the goods or services.	1051

Any contract of loan in the making or collection of which an	1052
act is done by the lender that violates this section is void and	1053
the lender has no right to collect, receive, or retain any	1054
principal, interest, or charges.	1055

Sec. 1321.21.  All fees, charges, penalties, and forfeitures	1056
collected under Chapters 1321., 1322., 4712., 4727., and 4728.,	1057
sections 1315.21 to 1315.30, sections 1315.35 to 1315.44, and	1058
sections 1349.25 to 1349.37 of the Revised Code shall be paid to	1059
the superintendent of financial institutions and shall be	1060
deposited by the superintendent into the state treasury to the	1061
credit of the consumer finance fund, which is hereby created. The	1062
fund may be expended or obligated by the superintendent for the	1063
defrayment of the costs of administration of Chapters 1321.,	1064
1322., 4712., 4727., and 4728., sections 1315.21 to 1315.30,	1065
sections 1315.35 to 1315.44, and sections 1349.25 to 1349.37 of	1066
the Revised Code by the division of financial institutions. All	1067
actual and necessary expenses incurred by the superintendent,	1068
including any services rendered by the department of commerce for	1069
the division's administration of Chapters 1321., 1322., 4712.,	1070
4727., and 4728., sections 1315.21 to 1315.30, sections 1315.35 to	1071
1315.44, and sections 1349.25 to 1349.37 of the Revised Code,	1072
shall be paid from the fund. The fund shall be assessed a	1073
proportionate share of the administrative costs of the department	1074
and the division. The proportionate share of the administrative	1075
costs of the division of financial institutions shall be	1076
determined in accordance with procedures prescribed by the	1077
superintendent and approved by the director of budget and	1078
management. Such assessment shall be paid from the consumer	1079
finance fund to the division of administration fund or the	1080
financial institutions fund.	1081

Periodically, in accordance with a schedule the director	1082
establishes by rule, but at least once every three months, the	1083
director of budget and management shall transfer five per cent of	1084
all charges, penalties, and forfeitures received into the consumer	1085
finance fund to the financial literacy education fund created	1086
under section 121.085 of the Revised Code.	1087

Sec. 1321.35.  As used in sections 1321.35 to 1321.48 of the	1088
Revised Code:	1089

(A) "Short-term loan" means a loan made pursuant to sections	1090
1321.35 to 1321.48 of the Revised Code.	1091

(B) "Superintendent of financial institutions" includes the	1092
deputy superintendent for consumer finance as provided in section	1093
1181.21 of the Revised Code.	1094

(C) "Interest" means all charges payable directly or	1095
indirectly by a borrower to a licensee as a condition to a loan,	1096
including fees, loan origination charges, service charges, renewal	1097
charges, credit insurance premiums, and any ancillary product	1098
sold in connection with a loan made pursuant to sections 1321.35	1099
to 1321.48 of the Revised Code.	1100

(D) "Annual percentage rate" has the same meaning as in the	1101
"Truth in Lending Act," 82 Stat. 149 (1980), 15 U.S.C. 1606, as	1102
implemented by regulations of the board of governors of the	1103
federal reserve system. All fees and charges shall be included in	1104
the computation of the annual percentage rate. Fees and charges	1105
for single premium credit insurance and other ancillary products	1106
sold in connection with the credit transaction shall be included	1107
in the calculation of the annual percentage rate.	1108

Sec.  1321.36. (A) No person shall engage in the business of	1109
making short-term loans to a borrower in Ohio, or, in whole or in	1110
part, make, offer, or broker a loan, or assist a borrower in Ohio	1111
to obtain such a loan, without first having obtained a license	1112
from the superintendent of financial institutions under sections	1113
1321.35 to 1321.48 of the Revised Code. No licensee shall make,	1114
offer, or broker a loan, or assist a borrower to obtain such a	1115
loan, when the borrower is not physically present in the	1116
licensee's business location.	1117

(B) No person not located in Ohio shall make a short-term	1118
loan to a borrower in Ohio from an office not located in Ohio.	1119
Nothing in this section prohibits a business not located or	1120
licensed in Ohio from lending funds to Ohio borrowers who	1121
physically visit the out-of-state office of the business and	1122
obtain the disbursement of loan funds at that location. No person	1123
shall make, offer, or broker a loan, or assist a borrower to	1124
obtain a loan, via the telephone, mail, or internet.	1125

Sec.  1321.37.  (A) Application for an original or renewal	1126
license to make short-term loans shall be in writing, under oath,	1127
and in the form prescribed by the superintendent of financial	1128
institutions, and shall contain the name and address of the	1129
applicant, the approximate location where the business of making	1130
loans is to be conducted, and any further information as the	1131
superintendent requires. At the time of making an application	1132
for an original license, the applicant shall pay to the	1133
superintendent a nonrefundable investigation fee of two hundred	1134
dollars. No investigation fee or any portion thereof shall be	1135
refunded after an original license has been issued. The	1136
application for an original or renewal license shall be	1137
accompanied by an original or renewal license fee, for each	1138
business location of one thousand dollars, except that	1139
applications for original licenses issued on or after the first	1140
day of July for any year shall be accompanied by an original	1141
license fee of five hundred dollars, and except that an	1142
application for an original or renewal license, for a nonprofit	1143
corporation that is incorporated under Chapter 1702. of the	1144
Revised Code, shall be accompanied by an original or renewal	1145
license fee, for each business location, that is one-half of the	1146
fee otherwise required. All fees paid to the superintendent	1147
pursuant to this division shall be deposited into the state	1148
treasury to the credit of the consumer finance fund.	1149

(B) Upon the filing of an application for an original or	1150
renewal license and the payment of fees in accordance with	1151
division (A) of this section, the superintendent shall investigate	1152
the facts concerning the applicant and the requirements provided	1153
by this division. The superintendent shall request the	1154
superintendent of the bureau of criminal identification and	1155
investigation, or a vendor approved by the bureau, to conduct a	1156
criminal records check based on the applicant's fingerprints in	1157
accordance with division (A)(12) of section 109.572 of the Revised	1158
Code. Notwithstanding division (K) of section 121.08 of the	1159
Revised Code, the superintendent of financial institutions shall	1160
request that criminal record information from the federal bureau	1161
of investigation be obtained as part of the criminal records	1162
check. The superintendent of financial institutions shall conduct	1163
a civil records check. The superintendent shall approve an	1164
application and issue an original or renewal license to the	1165
applicant if the superintendent finds all of the following:	1166

(1) The financial responsibility, experience, reputation, and	1167
general fitness of the applicant are such as to warrant the belief	1168
that the business of making loans will be operated lawfully,	1169
honestly, and fairly under sections 1321.35 to 1321.48 of the	1170
Revised Code and within the purposes of those sections; that the	1171
applicant has fully complied with those sections and any rule or	1172
order adopted or issued pursuant to section 1321.43 of the Revised	1173
Code; and that the applicant is qualified to engage in the	1174
business of making loans under sections 1321.35 to 1321.48 of the	1175
Revised Code.	1176

(2) The applicant is financially sound and has a net worth of	1177
not less than one hundred thousand dollars, or in the case of a	1178
nonprofit corporation that is incorporated under Chapter 1702. of	1179
the Revised Code, a net worth of not less than fifty thousand	1180
dollars. The applicant's net worth shall be computed according to	1181
generally accepted accounting principles.	1182

(3) The applicant has never had revoked a license to make	1183
loans under sections 1321.35 to 1321.48 of the Revised Code,	1184
under former sections 1315.35 to 1315.44 of the Revised Code, or	1185
to do business under sections 1315.21 to 1315.30 of the Revised	1186
Code.	1187

(4) Neither the applicant nor any senior officer, or partner	1188
of the applicant, has pleaded guilty to or been convicted of any	1189
criminal offense involving theft, receiving stolen property,	1190
embezzlement, forgery, fraud, passing bad checks, money	1191
laundering, or drug trafficking, or any criminal offense involving	1192
money or securities or any violation of an existing or former law	1193
of this state, any other state, or the United States that	1194
substantially is equivalent to a criminal offense described in	1195
that division. However, if the applicant or any of those other	1196
persons has pleaded guilty to or been convicted of any such	1197
offense other than theft, the superintendent shall not consider	1198
the offense if the applicant has proven to the superintendent, by	1199
a preponderance of the evidence, that the applicant's or other	1200
person's activities and employment record since the conviction	1201
show that the applicant or other person is honest, truthful, and	1202
of good reputation, and there is no basis in fact for believing	1203
that the applicant or other person will commit such an offense	1204
again.	1205

(5) Neither the applicant nor any senior officer, or partner	1206
of the applicant, has been subject to any adverse judgment for	1207
conversion, embezzlement, misappropriation of funds, fraud,	1208
misfeasance or malfeasance, or breach of fiduciary duty, or if the	1209
applicant or any of those other persons has been subject to such a	1210
judgment, the applicant has proven to the superintendent, by a	1211
preponderance of the evidence, that the applicant's or other	1212
person's activities and employment record since the judgment show	1213
that the applicant or other person is honest, truthful, and of	1214
good reputation, and there is no basis in fact for believing that	1215
the applicant or other person will be subject to such a judgment	1216
again.	1217

(C) If the superintendent finds that the applicant does not	1218
meet the requirements of division (B) of this section, or the	1219
superintendent finds that the applicant knowingly or repeatedly	1220
contracts with or employs persons to directly engage in lending	1221
activities who have been convicted of a felony crime listed in	1222
division (B)(5) of this section, the superintendent shall issue	1223
an order denying the application for an original or renewal	1224
license and giving the applicant an opportunity for a hearing on	1225
the denial in accordance with Chapter 119. of the Revised Code.	1226
The superintendent shall notify the applicant of the denial, the	1227
grounds for the denial, and the applicant's opportunity for a	1228
hearing. If the application is denied, the superintendent shall	1229
return the annual license fee but shall retain the investigation	1230
fee.	1231

(D) No person licensed under sections 1321.35 to 1321.48 of	1232
the Revised Code shall conduct business in this state unless the	1233
licensee has obtained and maintains in effect at all times a	1234
corporate surety bond issued by a bonding company or insurance	1235
company authorized to do business in this state. The bond shall be	1236
in favor of the superintendent and in the penal sum of at least	1237
one hundred thousand dollars, or in the case of a nonprofit	1238
corporation that is incorporated under Chapter 1702. of the	1239
Revised Code, in the amount of fifty thousand dollars. The term of	1240
the bond shall coincide with the term of the license. The licensee	1241
shall file a copy of the bond with the superintendent. The bond	1242
shall be for the exclusive benefit of any borrower injured by a	1243
violation by a licensee or any employee of a licensee, of any	1244
provision of sections 1321.35 to 1321.48 of the Revised Code.	1245

Sec. 1321.38.  (A) A license issued by the superintendent of	1246
financial institutions pursuant to sections 1321.35 to 1321.48 of	1247
the Revised Code shall state the address at which the business of	1248
making loans is to be conducted and shall state the full name of	1249
the business. Each license issued shall be conspicuously posted in	1250
the place of business and is not transferable or assignable.	1251

(B)(1) Not more than one place of business shall be	1252
maintained under the same license issued under sections 1321.35 to	1253
1321.48 of the Revised Code, but the superintendent may issue	1254
additional licenses to the same applicant upon compliance with	1255
those sections.	1256

(2) No change in the place of business of a licensee to a	1257
location outside the original municipal corporation shall be	1258
permitted under the same license. When a licensee wishes to change	1259
its place of business within the same municipal corporation,	1260
written notice thereof shall be given in advance to the	1261
superintendent who shall provide without cost a license pursuant	1262
to sections 1321.35 to 1321.48 of the Revised Code for the new	1263
address.	1264

Sec. 1321.39.  A licensee under sections 1321.35 to 1321.48	1265
of the Revised Code may engage in the business of making loans	1266
provided that each loan meets all of the following conditions:	1267

(A) The total amount of the loan does not exceed five hundred	1268
dollars.	1269

(B) The duration of the loan, as specified in the loan	1270
contract required under division (C) of this section, is not less	1271
than thirty-one days.	1272

(C) The loan is made pursuant to a written loan contract that	1273
sets forth the terms and conditions of the loan. A copy of the	1274
loan contract shall be provided to the borrower. The loan contract	1275
shall disclose in a clear and concise manner all of the	1276
following:	1277

(1) The total amount of fees and charges the borrower will	1278
be required to pay in connection with the loan pursuant to the	1279
loan contract;	1280

(2) The total amount of each payment, when each payment is	1281
due, and the total number of payments that the borrower will be	1282
required to make under the loan contract;	1283

(3) A statement, printed in boldface type of the minimum	1284
size of ten points, as follows: "WARNING: The cost of this loan is	1285
higher than the average cost charged by financial institutions on	1286
substantially similar loans."	1287

(4) A statement, printed in a minimum font size of ten	1288
points, which informs the borrower that complaints regarding the	1289
loan or lender may be submitted to the department of commerce	1290
division of financial institutions and includes the correct	1291
telephone number and mailing address for the department;	1292

(5) Any disclosures required under the "Truth in Lending	1293
Act," 82 Stat. 146 (1974), 15 U.S.C. 1601, et seq.;	1294

(6) The rate of interest contracted for under the loan	1295
contract as an annual percentage rate based on the sum of the	1296
principal of the loan and the loan origination fee, check	1297
collection charge, and all other fees or charges contracted for	1298
under the loan contract.	1299

(D) The loan contract includes a provision that offers the	1300
borrower an optional extended payment plan that may be invoked by	1301
the borrower at any time before the maturity date of the loan. To	1302
invoke the extended payment plan, the borrower shall return to	1303
the office where the loan was made and sign an amendment to the	1304
original loan agreement reflecting the extended terms of the	1305
loan. The extended payment plan shall allow the borrower to repay	1306
the balance by not less than sixty days from the original maturity	1307
date. No additional fees or charges may be applied to the loan	1308
upon the borrower entering the extended payment plan. The person	1309
originating the loan for the licensee shall identify verbally to	1310
the borrower the contract provision regarding the extended	1311
payment plan, and the borrower shall verify that the provision	1312
has been identified by initialing the contract adjacent to the	1313
provision.	1314

Sec. 1321.40.  A person licensed pursuant to sections	1315
1321.35 to 1321.48 of the Revised Code may charge, collect, and	1316
receive the following fees and charges in connection with a	1317
short-term loan:	1318

(A) Interest calculated in compliance with 15 U.S.C. 1606,	1319
and not exceeding an annual percentage rate greater than	1320
twenty-eight per cent;	1321

(B) One check collection charge per loan not exceeding an	1322
amount equal to twenty dollars plus any amount passed on from	1323
other financial institutions for each check, negotiable order of	1324
withdrawal, share draft, or other negotiable instrument returned	1325
or dishonored for any reason, provided that the terms and	1326
conditions upon which check collection charges will be charged to	1327
the borrower are set forth in the written loan contract described	1328
in division (C) of section 1321.39 of the Revised Code;	1329

(C) Damages, costs, and disbursements to which the licensee	1330
may become entitled to by law in connection with any civil action	1331
to collect a loan after default.	1332

Sec. 1321.41.  No person licensed pursuant to sections	1333
1321.35 to 1321.48 of the Revised Code shall do any of the	1334
following:	1335

(A) Violate section 1321.36 of the Revised Code;

1336

(B) Make a loan that does not comply with section 1321.39 of	1337
the Revised Code;	1338

(C) Charge, collect, or receive, directly or indirectly, any	1339
additional fees, interest, or charges in connection with a loan,	1340
other than fees and charges permitted by section 1321.40 of the	1341
Revised Code and costs or disbursements to which the licensee	1342
may become entitled to by law in connection with any civil	1343
action to collect a loan after default;	1344

(D) Collect treble damages pursuant to division (A)(1)(b)(ii)	1345
of section 2307.61 of the Revised Code in connection with any	1346
civil action to collect a loan after a default due to a check,	1347
negotiable order of withdrawal, share draft, or other negotiable	1348
instrument that was returned or dishonored for insufficient funds;	1349

(E) Make a short-term loan to a borrower if there exists an	1350
outstanding loan between the licensee and that borrower, if a	1351
loan between any licensee and that borrower was terminated on the	1352
same business day, if the borrower has more than one outstanding	1353
loan, if the loan would obligate the borrower to repay a total	1354
amount of more than five hundred dollars to licensees, or indebt	1355
the borrower, to licensees, for an amount that is more than	1356
twenty-five per cent of the borrowers gross monthly salary not	1357
including bonus, overtime, or other such compensation, based on a	1358
payroll verification statement presented by the borrower;	1359

(F) Bring or threaten to bring an action or complaint against	1360
the borrower for the borrower's failure to comply with the terms	1361
of the loan contract solely due to the check, negotiable order of	1362
withdrawal, share draft, or negotiable instrument being returned	1363
or dishonored for insufficient funds. Nothing herein prohibits	1364
such conduct, action, or complaint if the borrower has	1365
intentionally engaged in fraud by, including but not limited to,	1366
closing or using any closed or false account to evade payment;	1367

(G) Make a short-term loan to a borrower for purposes of	1368
retiring an existing short-term loan between any licensee and	1369
that borrower;	1370

(H) Require the borrower to waive the borrower's right to	1371
legal recourse under any otherwise applicable provision of state	1372
or federal law;	1373

(I) Accept the title of a vehicle, real property, physical	1374
assets, or other collateral as security for the obligation;	1375

(J) Engage in any device or subterfuge to evade the	1376
requirements of sections 1321.35 to 1321.48 of the Revised Code	1377
including assisting a borrower to obtain a loan on terms that	1378
would be prohibited by sections 1321.35 to 1321.48 of the Revised	1379
Code, making loans disguised as personal property sales and	1380
leaseback transactions, or disguising loan proceeds as cash	1381
rebates for the pretextual installment sale of goods or services;	1382

(K) Assess or charge a borrower a fee for prepaying the loan	1383
in full prior to the maturity date;	1384

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

1385

(M) Recommend to a borrower that the borrower obtain a loan	1386
for a dollar amount that is higher than the borrower has	1387
requested;	1388

(N) Make a loan to a borrower that has received two loans	1389
within the previous ninety days from licensees, unless the	1390
borrower has completed during that period a financial literacy	1391
program approved by the superintendent;	1392

(O) Draft funds electronically from any depository financial	1393
institution in this state, or bill any credit card issued by such	1394
an institution. Nothing in this division shall prohibit the	1395
conversion of a negotiable instrument into an electronic form for	1396
processing through the automated clearing house system.	1397

(P) Make, publish, or otherwise disseminate, directly or	1398
indirectly, any misleading or false advertisement, or engage in	1399
any other deceptive trade practice;	1400

(Q) Offer any incentive to a borrower in exchange for the	1401
borrower taking out multiple loans over any period of time, or	1402
provide a short-term loan at no charge or at a discounted charge	1403
as compensation for any previous or future business.	1404

(R) Make a loan to a borrower if the borrower has received a	1405
total of four or more loans, from licensees, in the calendar year.	1406

(S) Present a check, negotiable order of withdrawal, share	1407
draft, or other negotiable instrument, that has been previously	1408
presented by the licensee and subsequently returned or dishonored	1409
for any reason, without prior written approval from the borrower.	1410

(T) Change the check number, or in any other way alter a	1411
check, negotiable order of withdrawal, or share draft, prior to	1412
submitting such check, negotiable order of withdrawal, or share	1413
draft for processing through the automated clearing house system,	1414
or submit false information about any check, negotiable order of	1415
withdrawal, or share draft to the automated clearing house system.	1416

Sec. 1321.42.  (A) The superintendent of financial	1417
institutions shall, in accordance with Chapter 119. of the Revised	1418
Code, suspend or revoke a license issued pursuant to sections	1419
1321.35 to 1321.48 of the Revised Code, if the superintendent	1420
determines that any of the following applies:	1421

(1) The licensee has failed to comply with any order issued	1422
by the superintendent pursuant to section 1321.43 of the Revised	1423
Code.	1424

(2) The licensee has continued to violate any provision of	1425
sections 1321.35 to 1321.48 of the Revised Code or any rule	1426
adopted under section 1321.43 of the Revised Code after receiving	1427
notice of such violation or violations from the superintendent.	1428

(3) Any fact or condition exists that if it had existed or	1429
had been known to exist at the time of original or renewal	1430
licensure pursuant to sections 1321.35 to 1321.48 of the Revised	1431
Code, the fact or condition clearly would have warranted the	1432
superintendent to refuse to issue a license pursuant to those	1433
sections.	1434

(B) The superintendent may make any investigation and	1435
conduct any hearing the superintendent considers necessary to	1436
determine whether any person has violated sections 1321.35 to	1437
1321.48 of the Revised Code, or any rule or order adopted or	1438
issued under section 1321.43 of the Revised Code, or has engaged	1439
in conduct that would justify the suspension, revocation, or	1440
refusal of an original or renewal license.	1441

(C) In making any investigation or conducting any hearing	1442
pursuant to this section, the superintendent, or any person	1443
designated by the superintendent, at any time may compel by	1444
subpoena witnesses, may take depositions of witnesses residing	1445
without the state in the manner provided for in civil actions, pay	1446
any witnesses the fees and mileage for their attendance provided	1447
for witnesses in civil actions, and administer oaths. The	1448
superintendent also may compel by order or subpoena duces tecum	1449
the production of, and examine, all relevant books, records,	1450
accounts, and other documents. If a person does not comply with a	1451
subpoena or subpoena duces tecum, the superintendent may apply to	1452
the court of common pleas of Franklin county for an order	1453
compelling the person to comply with the subpoena or subpoena	1454
duces tecum or, for failure to do so, an order to be held in	1455
contempt of court.	1456

(D) In connection with any investigation under this section,	1457
the superintendent may file an action in the court of common pleas	1458
of Franklin county or the court of common pleas of the county in	1459
which the person who is the subject of the investigation resides,	1460
or is engaging in or proposing to engage in actions in violation	1461
of sections 1321.35 to 1321.48 of the Revised Code, to obtain an	1462
injunction, temporary restraining order, or other appropriate	1463
relief.	1464

(E) As often as the superintendent considers it necessary,	1465
the superintendent may examine the records of a licensee, but in	1466
any case, the superintendent shall examine the records of a	1467
licensee at least annually.	1468

Sec. 1321.43.  The superintendent of financial institutions,	1469
in accordance with Chapter 119. of the Revised Code, may adopt	1470
rules and issue specific orders to enforce and carry out the	1471
purposes of sections 1321.35 to 1321.48 of the Revised Code. The	1472
superintendent shall issue a rule defining "senior officer" for	1473
the purpose of section 1321.37 of the Revised Code. The	1474
superintendent may adopt, amend, and repeal substantive rules	1475
defining with reasonable specificity acts or practices that	1476
violate section 1321.45 of the Revised Code.	1477

Sec. 1321.44. (A) A violation of section 1321.41 of the	1478
Revised Code is deemed an unfair or deceptive act or practice in	1479
violation of section 1345.02 of the Revised Code. A borrower	1480
injured by a violation of section 1321.41 of the Revised Code	1481
shall have a cause of action and be entitled to the same relief	1482
available to a consumer under section 1345.09 of the Revised Code,	1483
and all powers and remedies available to the attorney general to	1484
enforce sections 1345.01 to 1345.13 of the Revised Code are	1485
available to the attorney general to enforce section 1321.41 of	1486
the Revised Code.	1487

(B) The superintendent of financial institutions or a	1488
borrower may bring directly an action to enjoin a violation of	1489
sections 1321.35 to 1321.48 of the Revised Code. The prosecuting	1490
attorney of the county in which the action may be brought may	1491
bring an action to enjoin a violation of sections 1321.35 to	1492
1321.48 of the Revised Code only if the prosecuting attorney first	1493
presents any evidence of the violation to the attorney general	1494
and, within a reasonable period of time, the attorney general has	1495
not agreed to bring the action.	1496

(C) The superintendent may initiate criminal proceedings	1497
under sections 1321.35 to 1321.48 of the Revised Code by	1498
presenting any evidence of criminal violation to the prosecuting	1499
attorney of the county in which the offense may be prosecuted. If	1500
the prosecuting attorney does not prosecute the violations, or at	1501
the request of the prosecuting attorney, the superintendent shall	1502
present any evidence of criminal violations to the attorney	1503
general, who may proceed in the prosecution with all the rights,	1504
privileges, and powers conferred by law on prosecuting attorneys,	1505
including the power to appear before grand juries and to	1506
interrogate witnesses before such grand juries. These powers of	1507
the attorney general are in addition to any other applicable	1508
powers of the attorney general.	1509

(D) The prosecuting attorney of the county in which an	1510
alleged offense may be prosecuted may initiate criminal	1511
proceedings under sections 1321.35 to 1321.48 of the Revised Code.	1512

(E) In order to initiate criminal proceedings under sections	1513
1321.35 to 1321.48 of the Revised Code, the attorney general first	1514
shall present any evidence of criminal violations to the	1515
prosecuting attorney of the county in which the alleged offense	1516
may be prosecuted. If, within a reasonable period of time, the	1517
prosecuting attorney has not agreed to prosecute the violations,	1518
the attorney general may proceed in the prosecution with all the	1519
rights, privileges, and powers described in division (B) of this	1520
section.	1521

(F) When a judgment under this section becomes final, the	1522
clerk of court shall mail a copy of the judgment, including	1523
supporting opinions, to the superintendent.	1524

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

1525

(1) "Debt collector" means a licensee, officer, employee, or	1526
agent of a licensee, or any person acting as a debt collector for	1527
a licensee, or any person while serving or attempting to serve	1528
legal process on any other person in connection with the judicial	1529
enforcement of any debt resulting from a short-term loan made by a	1530
licensee.	1531

(2) "Borrower" means a person who has an outstanding or	1532
delinquent short-term loan. For the purpose of this section, the	1533
term "borrower" includes the borrower's spouse, parent, if the	1534
borrower is a minor, guardian, executor, or administrator.	1535

(3) "Communication" means the conveying of information	1536
regarding a debt directly or indirectly to any person through any	1537
medium.	1538

(4) "Consumer reporting agency" means any person that, for	1539
monetary fees, dues, or on a cooperative nonprofit basis,	1540
regularly engages in whole or in part in the practice of	1541
assembling or evaluating consumer credit information or other	1542
information on consumers for the purpose of furnishing consumer	1543
reports to third parties and that uses any means or facility for	1544
the purpose of preparing or furnishing consumer reports.	1545

(5) "Location information" means a consumer's residence,	1546
telephone number, or place of employment.	1547

(B) When communicating with any person other than the	1548
borrower for the purpose of acquiring location information about	1549
the borrower, the debt collector shall identify self, state that	1550
the purpose for the communication is to confirm or correct	1551
location information concerning a person, and, only if expressly	1552
requested, identify the debt collector's employer. The debt	1553
collector shall not do any of the following:	1554

(1) State that the person for whom location information is	1555
being sought is a borrower or owes any debt;	1556

(2) Communicate with any person more than once unless	1557
requested to do so by such person or unless the debt collector	1558
reasonably believes that the earlier response of such person is	1559
erroneous or incomplete and that such person now has correct or	1560
complete location information;	1561

(3) Communicate by post card;

1562

(4) Use any language or symbol on any envelope or in the	1563
contents of any communication effected by the mails or telegram	1564
that indicates that the communication relates to the collection of	1565
a debt;	1566

(5) After the debt collector knows the borrower is	1567
represented by an attorney with regard to the subject debt and has	1568
knowledge of, or can readily ascertain, such attorney's name and	1569
address, not communicate with any person other than that attorney,	1570
unless the attorney fails to respond within a reasonable period of	1571
time to communication from the debt collector.	1572

(C) A debt collector, without the prior consent of the	1573
borrower given directly to the debt collector or without the	1574
express permission of a court of competent jurisdiction, may not	1575
communicate with a borrower in connection with the collection of	1576
any debt:	1577

(1) At any unusual time or place or a time or place known or	1578
which should be known to be inconvenient to the borrower. In the	1579
absence of knowledge of circumstances to the contrary, a debt	1580
collector shall assume that the convenient time for communicating	1581
with a borrower is after eight a.m. eastern standard time and	1582
before nine p.m. eastern standard time at the borrower's location.	1583

(2) If the debt collector knows the borrower is represented	1584
by an attorney with respect to such debt and has knowledge of, or	1585
can readily ascertain, such attorney's name and address, unless	1586
the attorney fails to respond within a reasonable period of time	1587
to a communication from the debt collector or unless the attorney	1588
consents to direct communication with the borrower;	1589

(3) At the borrower's place of employment if the debt	1590
collector knows or has reason to know that the borrower's employer	1591
prohibits the borrower from receiving such communication.	1592

(D) A debt collector, when communicating with a third party	1593
without the prior consent of the borrower given directly to the	1594
debt collector, or without the express permission of a court of	1595
competent jurisdiction, or as reasonably necessary to effectuate a	1596
postjudgment judicial remedy, may not communicate, in connection	1597
with the collection of any debt, with any person other than the	1598
borrower, the borrower's attorney, a consumer reporting agency if	1599
otherwise permitted by law, or the attorney of the debt collector.	1600

(E) If a borrower provides written notification, to a person	1601
licensed under section 1321.35 to 1321.48 of the Revised Code or a	1602
debt collector, that the borrower refuses to pay a debt or that	1603
the borrower wishes the debt collector to cease further	1604
communication with the borrower, the debt collector shall not	1605
communicate further with the borrower with respect to such debt,	1606
except:	1607

(1) To advise the borrower that the debt collector's further	1608
efforts are being terminated;	1609

(2) To notify the borrower that the debt collector or	1610
licensee may invoke specified remedies that are ordinarily invoked	1611
by such debt collector or licensee;	1612

(3) Where applicable, to notify the borrower that the debt	1613
collector or licensee intends to invoke a specified remedy. If	1614
such notice from the borrower is made by mail, notification shall	1615
be complete upon receipt.	1616

(F) A debt collector may not engage in any conduct the	1617
natural consequence of which is to harass, oppress, or abuse any	1618
person in connection with the collection of a debt, including, but	1619
not limited to, any of the following:	1620

(1) Using or threatening to use violence or other criminal	1621
means to harm the physical person, reputation, or property of any	1622
person;	1623

(2) Using obscene or profane language or language the natural	1624
consequence of which is to abuse the hearer or reader;	1625

(3) Publication of a list of borrowers who allegedly refuse	1626
to pay debts, except to a consumer-reporting agency;	1627

(4) Causing a telephone to ring or engaging any person in	1628
telephone conversation repeatedly or continuously with intent to	1629
annoy, abuse, or harass any person at the called number.	1630

(G) A debt collector may not use any false, deceptive, or	1631
misleading representation or means in connection with the	1632
collection of any debt, including, but not limited to, any of the	1633
following:	1634

(1) Falsely representing or implying that the debt collector	1635
is vouched for, bonded by, or affiliated with the United States or	1636
any state, including the use of any badge, uniform, or facsimile	1637
thereof;	1638

(2) Falsely representing the character, amount, or legal	1639
status of any debt, or any services rendered, or compensation	1640
which may be lawfully received by any debt collector for the	1641
collection of a debt;	1642

(3) Falsely representing or implying that any individual is	1643
an attorney or that any communication is from an attorney;	1644

(4) Representing or implying that nonpayment of any debt will	1645
result in the arrest or imprisonment of any person or the seizure,	1646
garnishment, attachment, or sale of any property or wages of any	1647
person unless such action is lawful and the debt collector intends	1648
to take such action;	1649

(5) Threatening to take any action that cannot legally be	1650
taken or that is not intended to be taken;	1651

(6) Falsely representing or implying that a sale, referral,	1652
or other transfer of any interest in a debt shall cause the	1653
borrower to lose any claim or defense to payment of the debt;	1654

(7) Falsely representing or implying that the borrower	1655
committed any crime or other conduct in order to disgrace the	1656
borrower;	1657

(8) Communicating or threatening to communicate to any person	1658
credit information that is known or that should be known to be	1659
false, including the failure to communicate that a disputed debt	1660
is disputed;	1661

(9) Using or distributing any written communication that	1662
simulates or is falsely represented to be a document authorized,	1663
issued, or approved by any court, official, or agency of the	1664
United States or any state, or that creates a false impression as	1665
to its source, authorization, or approval;	1666

(10) Using any false representation or deceptive means to	1667
collect or attempt to collect any debt or to obtain information	1668
concerning a borrower;	1669

(11) Failing to disclose in the initial written communication	1670
with the borrower, and in addition, if the initial communication	1671
with the borrower is oral, in that initial oral communication,	1672
that the debt collector is attempting to collect a debt and that	1673
any information obtained will be used for that purpose, and the	1674
failure to disclose in subsequent communications that the	1675
communication is from a debt collector, except that division	1676
(G)(11) of this section shall not apply to a formal pleading made	1677
in connection with a legal action;	1678

(12) Falsely representing or implying that accounts have been	1679
turned over to innocent purchasers for value;	1680

(13) Falsely representing or implying that documents are	1681
legal process;	1682

(14) Using any business, company, or organization name other	1683
than the true name of the debt collector's business, company, or	1684
organization;	1685

(15) Falsely representing or implying that documents are not	1686
legal process forms or do not require action by the consumer;	1687

(16) Falsely representing or implying that a debt collector	1688
operates or is employed by a consumer reporting agency.	1689

(H) A debt collector may not use unfair or unconscionable	1690
means to collect or attempt to collect any debt, including, but	1691
not limited to, any of the following:	1692

(1) Collecting any amount, including any interest, fee,	1693
charge, or expense incidental to the principal obligation, unless	1694
the amount is expressly authorized by the agreement creating the	1695
debt or permitted by law;	1696

(2) Accepting from any person a check or other payment	1697
instrument postdated by more than five days unless the person is	1698
notified in writing of the debt collector's intent to deposit the	1699
check or instrument not more than ten nor less than three business	1700
days prior to deposit;	1701

(3) Soliciting any postdated check or other postdated payment	1702
instrument for the purpose of threatening or instituting criminal	1703
prosecution;	1704

(4) Depositing or threatening to deposit any postdated check	1705
or other postdated payment instrument prior to the date on the	1706
check or instrument;	1707

(5) Causing charges to be made to any person for	1708
communications by concealment of the true purpose of the	1709
communication. The charges include, but are not limited to,	1710
collect telephone calls and telegram fees;	1711

(6) Taking or threatening to take any nonjudicial action to	1712
effect dispossession or disablement of property if there is no	1713
present right to possession of the property claimed as collateral	1714
through an enforceable security interest, there is no present	1715
intention to take possession of the property, or the property is	1716
exempt by law from dispossession or disablement;	1717

(7) Communicating with a borrower regarding a debt by post	1718
card;	1719

(8) Using any language or symbol, other than the debt	1720
collector's address, on any envelope when communicating with a	1721
borrower by use of the mails or by telegram, except that a debt	1722
collector may use the collector's business name if the name does	1723
not indicate that the collector is in the debt collection	1724
business;	1725

(9) Designing, compiling, and furnishing any form knowing	1726
that the form would be used to create the false belief in a	1727
borrower that a person other than the licensee is participating in	1728
the collection of or in an attempt to collect a debt the borrower	1729
allegedly owes the creditor, when in fact the person is not so	1730
participating.	1731

(I) In addition to the requirements of this section, a debt	1732
collector shall follow the practices set forth in the federal	1733
"Fair Debt Collection Practices Act," 91 Stat. 874 (1977),	1734
sections 15 U.S.C. 1692b, 15 U.S.C. 1692c, 15 U.S.C. 1692d, 15	1735
U.S.C. 1692e, and 15 U.S.C. 1692f, as those sections of federal	1736
law exist on the effective date of this section. In the event of a	1737
conflict between described practices in the federal act and	1738
described practices in this section, this section shall prevail.	1739

Sec. 1321.46. (A) The superintendent of financial	1740
institutions shall develop and make a statewide common database,	1741
as implemented by the superintendent, accessible at all times to	1742
persons licensed under sections 1321.35 to 1321.48 of the Revised	1743
Code and to the superintendent through an internet connection.	1744
Licensees shall use the database to determine if a borrower is	1745
eligible for a loan. Licensees shall submit the required data	1746
in a format as the superintendent prescribes by rule, and	1747
verify eligibility before entering into each loan transaction.	1748

(B) The superintendent shall adopt rules to administer and	1749
enforce this section and to ensure that the database is used by	1750
licensees in accordance with this section, including:	1751

(1) A rule requiring that data are retained in the database	1752
only as required to ensure licensee compliance with this section;	1753

(2) A rule requiring that identifying borrower information is	1754
deleted from the database on a regular and routine basis, twelve	1755
months after the transaction is closed;	1756

(3) A rule authorizing the archiving of deleted data, should	1757
the superintendent determine that archiving is necessary for the	1758
enforcement of this section;	1759

(4) A rule prohibiting the database from ranking the credit	1760
worthiness of a borrower and limiting the database so that it may	1761
only be used to determine a borrower's eligibility or	1762
ineligibility for a loan based on the provisions of this chapter;	1763

(5) A rule requiring that data collected pursuant to this	1764
section be used only as prescribed in this section and for no	1765
other purpose;	1766

(6) A rule authorizing the database operator to impose a per	1767
transaction fee to be paid by the licensee for data required to	1768
be submitted;	1769

(7) A rule prohibiting the database operator from including,	1770
in the database, the social security number of any borrower.	1771

(C) The database operator, whether the superintendent or a	1772
third party selected by the superintendent pursuant to Chapter	1773
125. of the Revised Code, shall do all of the following:	1774

(1) Establish and maintain a process for responding to	1775
transaction verification requests due to technical difficulties	1776
with the database that prevent the licensee from accessing the	1777
database through the internet;	1778

(2) Provide accurate and secure receipt, transmission, and	1779
storage of borrower data;	1780

(3) Designate a transaction as closed within one business day	1781
of receiving notification from a licensee;	1782

(4) Take all reasonable measures to ensure the	1783
confidentiality of the database and to prevent identity theft.	1784

(D) A licensee may rely on the information contained in the	1785
database as accurate and is not subject to any administrative	1786
penalty or civil liability as a result of relying on inaccurate	1787
information contained in the database.	1788

(E) With respect to the database prescribed in division (A)	1789
of this section, any information submitted for incorporation into	1790
the database, information in the database itself, or archived	1791
information as maintained by the superintendent pursuant to this	1792
section is not a public record under section 149.43 of the Revised	1793
Code.	1794

(F) If approved by the superintendent, the database operator	1795
may impose a per transaction fee for the actual costs of entering,	1796
accessing, and maintaining data in the database. The fee shall be	1797
payable to the database operator in a manner prescribed by the	1798
superintendent. A licensee may not charge a customer all or part	1799
of the fee.	1800

Sec. 1321.47. (A) A person licensed, and any person required	1801
to be licensed under sections 1321.35 to 1321.48 of the Revised	1802
Code, in addition to duties imposed by other statutes or common	1803
law, shall do all of the following:	1804

(1) Follow reasonable and lawful instructions from the	1805
borrower;	1806

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

1807

(3) Act in good faith and fair dealing in any transaction or	1808
practice or course of business in connection with a short-term	1809
loan.	1810

(B) The duties and standards of care created in this section	1811
may not be waived or modified.	1812

(C) A borrower injured by a violation of this section may	1813
bring an action for recovery of damages. Damages awarded shall not	1814
be less than all compensation paid directly or indirectly to a	1815
licensee from any source, plus reasonable attorney's fees and	1816
court costs. The borrower may be awarded punitive damages.	1817

Sec. 1321.48. (A) The superintendent of financial	1818
institutions shall report semiannually to the governor and the	1819
general assembly on the operations of the division of financial	1820
institutions with respect to the following:	1821

(1) Enforcement actions instituted by the superintendent for	1822
a violation of or failure to comply with any provision of sections	1823
1321.35 to 1321.48 of the Revised Code, and the final dispositions	1824
of each such enforcement action;	1825

(2) Suspensions, revocations, or refusals to issue or renew	1826
licenses under sections 1321.35 to 1321.48 of the Revised Code.	1827

(B) The information required under divisions (A)(1) and (2)	1828
of this section does not include information that, pursuant to	1829
division (C) of this section, is confidential.	1830

(C) The following information is confidential:

1831

(1) Examination information, and any information leading to	1832
or arising from an examination;	1833

(2) Investigation information, and any information arising	1834
from or leading to an investigation.	1835

(D) The information described in division (A)(1) of this	1836
section shall remain confidential for all purposes except when it	1837
is necessary for the superintendent to take official action	1838
regarding the affairs of a licensee, or in connection with	1839
criminal or civil proceedings to be initiated by a prosecuting	1840
attorney or the attorney general. This information also may be	1841
introduced into evidence or disclosed when, and in the manner,	1842
authorized by section 1181.25 of the Revised Code.	1843

(E) All application information, except social security	1844
numbers, employer identification numbers, financial account	1845
numbers, the identity of the institution where financial accounts	1846
are maintained, personal financial information, fingerprint cards	1847
and the information contained on such cards, and criminal	1848
background information, is a public record as defined in section	1849
149.43 of the Revised Code.	1850

Sec. 1321.99.  (A) Whoever violates section 1321.02 of the	1851
Revised Code is guilty of a felony of the fifth degree.	1852

(B) Whoever violates section 1321.13 of the Revised Code	1853
shall be fined not less than one hundred nor more than five	1854
hundred dollars or imprisoned not more than six months, or both.	1855

(C) Whoever violates section 1321.14 of the Revised Code	1856
shall be fined not less than fifty nor more than two hundred	1857
dollars for a first offense; for a second offense such person	1858
shall be fined not less than two hundred nor more than five	1859
hundred dollars and imprisoned for not more than six months.	1860

(D) Whoever willfully violates section 1321.57, 1321.58,	1861
1321.59, or 1321.60 of the Revised Code shall be fined not less	1862
than one nor more than five hundred dollars.	1863

(E) Whoever violates section 1321.52 of the Revised Code is	1864
guilty of a felony of the fifth degree.	1865

(F) Whoever violates division (A) of section 1321.73 of the	1866
Revised Code shall be fined not more than five hundred dollars or	1867
imprisoned not more than six months, or both.	1868

(G) Whoever violates section 1321.41 of the Revised Code is	1869
guilty of a misdemeanor of the first degree.	1870

Sec. 1345.01.  As used in sections 1345.01 to 1345.13 of the	1871
Revised Code:	1872

(A) "Consumer transaction" means a sale, lease, assignment,	1873
award by chance, or other transfer of an item of goods, a service,	1874
a franchise, or an intangible, to an individual for purposes that	1875
are primarily personal, family, or household, or solicitation to	1876
supply any of these things. "Consumer transaction" does not	1877
include transactions between persons, defined in sections 4905.03	1878
and 5725.01 of the Revised Code, and their customers, except for	1879
transactions involving a loan made pursuant to sections 1321.35 to	1880
1321.48 of the Revised Code; transactions in connection with	1881
residential mortgages between loan officers, mortgage brokers, or	1882
nonbank mortgage lenders and their customers; transactions between	1883
certified public accountants or public accountants and their	1884
clients; transactions between attorneys, physicians, or dentists	1885
and their clients or patients; and transactions between	1886
veterinarians and their patients that pertain to medical treatment	1887
but not ancillary services.	1888

(B) "Person" includes an individual, corporation, government,	1889
governmental subdivision or agency, business trust, estate, trust,	1890
partnership, association, cooperative, or other legal entity.	1891

(C) "Supplier" means a seller, lessor, assignor, franchisor,	1892
or other person engaged in the business of effecting or soliciting	1893
consumer transactions, whether or not the person deals directly	1894
with the consumer. If the consumer transaction is in connection	1895
with a residential mortgage, "supplier" does not include an	1896
assignee or purchaser of the loan for value, except as otherwise	1897
provided in section 1345.091 of the Revised Code. For purposes of	1898
this division, in a consumer transaction in connection with a	1899
residential mortgage, "seller" means a loan officer, mortgage	1900
broker, or nonbank mortgage lender.	1901

(D) "Consumer" means a person who engages in a consumer	1902
transaction with a supplier.	1903

(E) "Knowledge" means actual awareness, but such actual	1904
awareness may be inferred where objective manifestations indicate	1905
that the individual involved acted with such awareness.	1906

(F) "Natural gas service" means the sale of natural gas,	1907
exclusive of any distribution or ancillary service.	1908

(G) "Public telecommunications service" means the	1909
transmission by electromagnetic or other means, other than by a	1910
telephone company as defined in section 4927.01 of the Revised	1911
Code, of signs, signals, writings, images, sounds, messages, or	1912
data originating in this state regardless of actual call routing.	1913
"Public telecommunications service" excludes a system, including	1914
its construction, maintenance, or operation, for the provision of	1915
telecommunications service, or any portion of such service, by any	1916
entity for the sole and exclusive use of that entity, its parent,	1917
a subsidiary, or an affiliated entity, and not for resale,	1918
directly or indirectly; the provision of terminal equipment used	1919
to originate telecommunications service; broadcast transmission by	1920
radio, television, or satellite broadcast stations regulated by	1921
the federal government; or cable television service.	1922

(H) "Loan officer" has the same meaning as in section 1322.01	1923
of the Revised Code, except that it does not include an employee	1924
of a bank, savings bank, savings and loan association, credit	1925
union, or credit union service organization organized under the	1926
laws of this state, another state, or the United States; an	1927
employee of a subsidiary of such a bank, savings bank, savings and	1928
loan association, or credit union; or an employee of an affiliate	1929
that (1) controls, is controlled by, or is under common control	1930
with, such a bank, savings bank, savings and loan association, or	1931
credit union and (2) is subject to examination, supervision, and	1932
regulation, including with respect to the affiliate's compliance	1933
with applicable consumer protection requirements, by the board of	1934
governors of the federal reserve system, the comptroller of the	1935
currency, the office of thrift supervision, the federal deposit	1936
insurance corporation, or the national credit union	1937
administration.	1938

(I) "Residential mortgage" or "mortgage" means an obligation	1939
to pay a sum of money evidenced by a note and secured by a lien	1940
upon real property located within this state containing two or	1941
fewer residential units or on which two or fewer residential units	1942
are to be constructed and includes such an obligation on a	1943
residential condominium or cooperative unit.	1944

(J) "Mortgage broker" has the same meaning as in section	1945
1322.01 of the Revised Code, except that it does not include a	1946
bank, savings bank, savings and loan association, credit union, or	1947
credit union service organization organized under the laws of this	1948
state, another state, or the United States; a subsidiary of such a	1949
bank, savings bank, savings and loan association, or credit union;	1950
an affiliate that (1) controls, is controlled by, or is under	1951
common control with, such a bank, savings bank, savings and loan	1952
association, or credit union and (2) is subject to examination,	1953
supervision, and regulation, including with respect to the	1954
affiliate's compliance with applicable consumer protection	1955
requirements, by the board of governors of the federal reserve	1956
system, the comptroller of the currency, the office of thrift	1957
supervision, the federal deposit insurance corporation, or the	1958
national credit union administration; or an employee of any such	1959
entity.	1960

(K) "Nonbank mortgage lender" means any person that engages	1961
in a consumer transaction in connection with a residential	1962
mortgage, except for a bank, savings bank, savings and loan	1963
association, credit union, or credit union service organization	1964
organized under the laws of this state, another state, or the	1965
United States; a subsidiary of such a bank, savings bank, savings	1966
and loan association, or credit union; or an affiliate that (1)	1967
controls, is controlled by, or is under common control with, such	1968
a bank, savings bank, savings and loan association, or credit	1969
union and (2) is subject to examination, supervision, and	1970
regulation, including with respect to the affiliate's compliance	1971
with applicable consumer protection requirements, by the board of	1972
governors of the federal reserve system, the comptroller of the	1973
currency, the office of thrift supervision, the federal deposit	1974
insurance corporation, or the national credit union	1975
administration.	1976

(L) For purposes of divisions (H), (J), and (K) of this	1977
section:	1978

(1) "Control" of another entity means ownership, control, or	1979
power to vote twenty-five per cent or more of the outstanding	1980
shares of any class of voting securities of the other entity,	1981
directly or indirectly or acting through one or more other	1982
persons.	1983

(2) "Credit union service organization" means a CUSO as	1984
defined in 12 C.F.R. 702.2.	1985

Sec. 1349.71.  (A) There is hereby created a consumer finance	1986
education board, consisting of the following twelve members,	1987
appointed jointly by the governor, the speaker of the house of	1988
representatives, and the president of the senate with the advice	1989
and consent of the house and senate. One member shall be appointed	1990
from, or as a representative of, each of the following:	1991

(1) TheAn employee of the Ohio attorney general's office,	1992
appointed by the governor;	1993

(2) TheAn employee of the department of commerce, appointed	1994
by the governor;	1995

(3) TheAn employee of the Ohio housing finance agency,	1996
appointed by the governor;	1997

(4) A representative of Ohio minority advocacy groups,	1998
appointed by the governor;	1999

(5) TheA member of the Ohio bankers league, appointed by the	2000
speaker of the house of representatives;	2001

(6) TheA member of the Ohio mortgage bankers association,	2002
appointed by the speaker of the house of representatives;	2003

(7) TheA member of the Ohio credit union league, appointed	2004
by the speaker of the house of representatives;	2005

(8) A member of the Ohio community bankers association,	2006
appointed by the speaker of the house of representatives;	2007

(9) TheA representative of the Ohio real estate industry,	2008
appointed by the president of the senate;	2009

(10) TheA member of the Ohio mortgage brokers association,	2010
appointed by the president of the senate;	2011

(11) TheA representative of the financial services industry,	2012
appointed by the president of the senate;	2013

(12) ConsumerA representative of consumer advocacy	2014
organizations, appointed by the president of the senate.	2015

(B) Geographically diverse representation of the state shall	2016
be considered in making appointments. Of the initial appointments	2017
to the board, four shall be for a term ending December 31, 2008,	2018
four shall be for a term ending December 31, 2009, and four shall	2019
be for a term ending December 31, 2010. Thereafter, terms of	2020
office are for three years, commencing on the first day of January	2021
and ending on the thirty-first day of December. Each member shall	2022
hold office from the date of the member's appointment until the	2023
end of the term for which the member is appointed. Prior to	2024
assuming the duties of office, each member shall subscribe to, and	2025
file with the secretary of state, the constitutional oath of	2026
office. Vacancies that occur on the board shall be filled in the	2027
manner prescribed for regular appointments to the board. A member	2028
appointed to fill a vacancy occurring prior to the expiration of	2029
the term for which the member's predecessor was appointed shall	2030
hold office for the remainder of that predecessor's term. A member	2031
shall continue in office subsequent to the expiration date of the	2032
member's term until the member's successor takes office or until	2033
sixty days have elapsed, whichever occurs first. No person shall	2034
serve as a member of the board for more than two consecutive	2035
terms. The governor may remove a member pursuant to section 3.04	2036
of the Revised Code.	2037

(C) Annually, upon the qualification of the members appointed	2038
in that year, the board shall organize by selecting from its	2039
members a chairperson. The board shall meet at least once each	2040
calendar quarter to conduct its business with the place of future	2041
meetings to be decided by a vote of its members. Each member shall	2042
be provided with written notice of the time and place of each	2043
board meeting at least ten days prior to the scheduled date of the	2044
meeting. A majority of the members of the board constitutes a	2045
quorum to transact and vote on all business coming before the	2046
board.	2047

(D)(1) The governor shall call the first meeting of the	2048
consumer finance education board. At that meeting, and annually	2049
thereafter, the board shall elect a chairperson for a one-year	2050
term and may elect members to other positions on the board as the	2051
board considers necessary or appropriate.	2052

(2) Each member of the board shall receive an amount fixed	2053
pursuant to division (J) of section 124.15 of the Revised Code for	2054
each day employed in the discharge of the member's official	2055
duties, and the member's actual and necessary expenses incurred in	2056
the discharge of those duties.	2057

(E) The board may obtain services from any state agency,	2058
including, but not limited to, the department of commerce or its	2059
successor agency.	2060

(F) The board shall assemble an advisory committee of	2061
representatives from the following organizations or groups for the	2062
purpose of receiving recommendations on policy, rules, and	2063
activities of the board:	2064

(1) The department of aging;

2065

(2) The department of rehabilitation and correction;

2066

(3) The department of development;

2067

(4) The department of job and family services;

2068

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

2069

(6) The county treasurers association of Ohio;

2070

(7) Ohio college professors;

2071

(8) Ohio university professors;

2072

(9) The Ohio board of regents;

2073

(10) The Ohio community development corporations association;

2074

(11) The Ohio council for economic education;

2075

(12) The Ohio state university extension service.

2076

Sec. 1349.72.  (A) In addition to any other duties imposed on	2077
the consumer finance education board by section 1349.71 of the	2078
Revised Code, the board shall:	2079

(1) Analyze and investigate, on its own initiative, the	2080
policies and practices of state agencies, nonprofit entities, and	2081
businesses, inasmuch as such policies and practices address	2082
financial literacy, access by state residents to financial	2083
information, education, and resources, prevention of foreclosures	2084
and bankruptcies, and prepurchase and postpurchase counseling and	2085
education for homebuyers, and small loan counseling and education	2086
for borrowers;	2087

(2) Provide an annual report and consultation and	2088
recommendations to the governor, the general assembly, state	2089
agencies, nonprofit entities, and businesses based on the board's	2090
findings;	2091

(3) Coordinate and provide resources and assistance to state	2092
agencies, nonprofit entities, and businesses in the furtherance of	2093
those entities' efforts to improve financial literacy, access by	2094
state residents to financial information, education, and	2095
resources, prevention of foreclosures and bankruptcies, and	2096
prepurchase and postpurchase counseling and education for	2097
homebuyers, and small loan counseling and education for	2098
borrowers.	2099

(4) Provide financial assistance to Ohioans through grants	2100
funded through the consumer finance fund created under section	2101
1321.21 of the Revised Code and utilize these same funds to	2102
provide grants to design, develop, and implement any other	2103
programs described in this section.	2104

(5) Receive grants from the consumer finance fund for the	2105
implementation of this section.	2106

(B) The board may assign and delegate the execution of its	2107
duties to smaller groups of its own members, which shall include	2108
committees specifically chartered to address all of the following	2109
issues:	2110

(1) The needs of persons, ages eighteen to twenty-five, in	2111
the context of the objectives enumerated in division (A) of this	2112
section;	2113

(2) The needs of persons, classified as needy, based on a	2114
household adjusted gross income equal to or less than two hundred	2115
per cent of the poverty level, as determined by the Ohio office of	2116
budget and management, or the earned income amount described in	2117
section thirty-two of the Internal Revenue Code of 1986, taking	2118
into account the size of the household, in the context of the	2119
objectives enumerated in division (A) of this section;	2120

(3) The needs of persons, previously convicted of one or more	2121
felonies, in the context of the objectives enumerated in division	2122
(A) of this section;	2123

(4) The needs of persons, characterized as vulnerable by	2124
reason of advanced age, disability, minority, or other demographic	2125
consideration, in the context of the objectives enumerated in	2126
division (A) of this section;	2127

(5) Any other group or issue identified by the board as	2128
worthy of particular attention.	2129

(C) The board shall create a pilot financial literacy and	2130
counseling program funded through the consumer finance fund, to be	2131
operated in the five counties with the highest mortgage	2132
foreclosure rates as of the effective date of this sectionthe	2133
effective date of this amendment, and completion of which shall be	2134
recommended by mortgage brokers and loan officers for any	2135
consumer seeking a mortgage loan with origination fees greater	2136
than five per cent. Before a mortgage broker permits a consumer	2137
to commit to such a loan, the broker shall notify the consumer	2138
that the loan may have attributes that are predatory. No person	2139
who offers education, advice, or counseling through the financial	2140
literacy and counseling program shall be held liable for any	2141
damages incurred from actions taken based on the education,	2142
advice, or counseling given.	2143

Sec. 1733.25.  (A) A credit union may make loans or other	2144
extensions of credit to members for provident and productive	2145
purposes as authorized by law, including rules adopted by the	2146
superintendent of credit unions; the articles; and the	2147
regulations; and subject to policies adopted by the credit	2148
committee and approved by the board of directors.	2149

(B) Upon the approval of the board of directors, a credit	2150
union may make loans or other extensions of credit to other credit	2151
unions, provided that loans or other extensions of credit made to	2152
other credit unions need not have the approval of the board of	2153
directors on a per case basis. The total of all such loans or	2154
other extensions of credit, including the aggregate of all money	2155
paid into any trust established by one or more credit unions for	2156
the purpose of making loans or other extensions of credit to other	2157
credit unions, shall not exceed twenty-five per cent of the shares	2158
and undivided earnings of the lending credit union, except that	2159
this percentage limitation does not apply to corporate credit	2160
unions.	2161

(C) The(1) Except as authorized under division (C)(2) of	2162
this section, the interest on any loan or other extension of	2163
credit made by a credit union shall not exceed one and one-half	2164
per cent per month on unpaid balances. Such interest may accrue	2165
and be chargeable upon a monthly basis, and may be computed upon	2166
the unpaid balance of the loan or other extension of credit as of	2167
the end of the previous calendar month.	2168

Such interest may be accrued and charged by any technique	2169
approved by the superintendent so long as the effective interest	2170
rate on any loan or other extension of credit does not exceed the	2171
amount permitted to be charged by the computation authorized in	2172
this division.	2173

(2) A credit union may make unsecured loans that meet the	2174
conditions set forth in sections 1321.39, 1321.40, and 1321.41 of	2175
the Revised Code.	2176

(D) A credit union may accept security in such form and under	2177
rules as shall be set forth in the articles, the regulations, or	2178
established by the credit committee and approved by the board of	2179
directors.	2180

(E)(1) The credit union shall have a lien on the membership	2181
share, shares, deposits, and accumulated dividends and interest of	2182
a member in an individual, joint, trust, or payable on death	2183
account for any obligation owed to the credit union by that member	2184
or for any loan co-signed or guaranteed by the member or account	2185
holder; provided, however, that a credit union shall not have a	2186
lien upon the funds in an individual retirement account or an	2187
account established pursuant to the Internal Revenue Code of the	2188
United States.	2189

(2) A credit union may refuse to allow withdrawals from any	2190
share or deposit account by a member while the member has any	2191
outstanding obligation to the credit union.	2192

(F) Notwithstanding any limitation provided in any other	2193
provision of this chapter or Chapter 1343. of the Revised Code, a	2194
credit union may enter into a loan agreement with a member in	2195
accordance with all of the following:	2196

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

2197

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

2198

(3) The credit union may charge a fee in addition to any	2199
interest authorized by law in connection with the loan, which fee	2200
is not to be included in the computation of interest for any	2201
provision of the Revised Code, including division (C) of this	2202
section, that prescribes, regulates, or limits interest charged,	2203
collected, or received in connection with a transaction.	2204

(4) The total interest, fees, and other costs of the loan	2205
does not exceed ten per cent of the principal amount.	2206

(5) A member shall not have more than one loan under division	2207
(F) of this section outstanding at any one time with the credit	2208
union.	2209

(6) The loan is not being made to a member for purposes of	2210
retiring an existing loan between the credit union and that	2211
member, which existing loan was made pursuant to division (F) of	2212
this section.	2213

(G)(1) Subject to division (G)(2) of this section and any	2214
restrictions or requirements established by the superintendent, in	2215
connection with any loan or extension of credit, a credit union	2216
may enter into a debt suspension agreement or debt cancellation	2217
contract with the borrower or borrowers.	2218

(2) A credit union shall not offer or finance, directly or	2219
indirectly, a debt suspension agreement or debt cancellation	2220
contract requiring a lump sum, single payment for the agreement or	2221
contract payable at the outset of the agreement or contract, if	2222
the debt subject to the agreement or contract is secured by one to	2223
four family, residential real property.	2224

(3) For purposes of division (G) of this section, "debt	2225
cancellation contract" and "debt suspension agreement" have the	2226
same meanings as in 12 C.F.R. part 37.	2227

Sec. 2307.61.  (A) If a property owner brings a civil action	2228
pursuant to division (A) of section 2307.60 of the Revised Code to	2229
recover damages from any person who willfully damages the owner's	2230
property or who commits a theft offense, as defined in section	2231
2913.01 of the Revised Code, involving the owner's property, the	2232
property owner may recover as follows:	2233

(1) In the civil action, the property owner may elect to	2234
recover moneys as described in division (A)(1)(a) or (b) of this	2235
section:	2236

(a) Compensatory damages that may include, but are not	2237
limited to, the value of the property and liquidated damages in	2238
whichever of the following amounts applies:	2239

(i) Fifty dollars, if the value of the property was fifty	2240
dollars or less at the time it was willfully damaged or was the	2241
subject of a theft offense;	2242

(ii) One hundred dollars, if the value of the property was	2243
more than fifty dollars, but not more than one hundred dollars, at	2244
the time it was willfully damaged or was the subject of a theft	2245
offense;	2246

(iii) One hundred fifty dollars, if the value of the property	2247
was more than one hundred dollars at the time it was willfully	2248
damaged or was the subject of a theft offense.	2249

(b) Liquidated damages in whichever of the following amounts	2250
is greater:	2251

(i) Two hundred dollars;

2252

(ii) Three times the value of the property at the time it was	2253
willfully damaged or was the subject of a theft offense,	2254
irrespective of whether the property is recovered by way of	2255
replevin or otherwise, is destroyed or otherwise damaged, is	2256
modified or otherwise altered, or is resalable at its full market	2257
price. This division does not apply to a check, negotiable order	2258
of withdrawal, share draft, or other negotiable instrument that	2259
was returned or dishonored for insufficient funds by a financial	2260
institution if the check, negotiable order of withdrawal, share	2261
draft, or other negotiable instrument was presented by an	2262
individual borrower to a check-cashing business licensed pursuant	2263
tolicensee under sections 1315.35 to 1315.441321.35 to 1321.48	2264
of the Revised Code for a check-cashing loan transaction.	2265

(2) In a civil action in which the value of the property that	2266
was willfully damaged or was the subject of a theft offense is	2267
less than five thousand dollars, the property owner may recover	2268
damages as described in division (A)(1)(a) or (b) of this section	2269
and additionally may recover the reasonable administrative costs,	2270
if any, of the property owner that were incurred in connection	2271
with actions taken pursuant to division (A)(2) of this section,	2272
the cost of maintaining the civil action, and reasonable	2273
attorney's fees, if all of the following apply:	2274

(a) The property owner, at least thirty days prior to the	2275
filing of the civil action, serves a written demand for payment of	2276
moneys as described in division (A)(1)(a) of this section and the	2277
reasonable administrative costs, if any, of the property owner	2278
that have been incurred in connection with actions taken pursuant	2279
to division (A)(2) of this section, upon the person who willfully	2280
damaged the property or committed the theft offense.	2281

(b) The demand conforms to the requirements of division (C)	2282
of this section and is sent by certified mail, return receipt	2283
requested.	2284

(c) Either the person who willfully damaged the property or	2285
committed the theft offense does not make payment to the property	2286
owner of the amount specified in the demand within thirty days	2287
after the date of its service upon that person and does not enter	2288
into an agreement with the property owner during that thirty-day	2289
period for that payment or the person who willfully damaged the	2290
property or committed the theft offense enters into an agreement	2291
with the property owner during that thirty-day period for that	2292
payment but does not make that payment in accordance with the	2293
agreement.	2294

(B) If a property owner who brings a civil action pursuant to	2295
division (A) of section 2307.60 of the Revised Code to recover	2296
damages for willful damage to property or for a theft offense	2297
attempts to collect the reasonable administrative costs, if any,	2298
of the property owner that have been incurred in connection with	2299
actions taken pursuant to division (A)(2) of this section, the	2300
cost of maintaining the civil action, and reasonable attorney's	2301
fees under authority of that division and if the defendant	2302
prevails in the civil action, the defendant may recover from the	2303
property owner reasonable attorney's fees, the cost of defending	2304
the civil action, and any compensatory damages that may be proven.	2305

(C) For purposes of division (A)(2) of this section, a	2306
written demand for payment shall include a conspicuous notice to	2307
the person upon whom the demand is to be served that indicates all	2308
of the following:	2309

(1) The willful property damage or theft offense that the	2310
person allegedly committed;	2311

(2) That, if the person makes payment of the amount specified	2312
in the demand within thirty days after its service upon the person	2313
or enters into an agreement with the property owner during that	2314
thirty-day period for that payment and makes that payment in	2315
accordance with the agreement, the person cannot be sued by the	2316
property owner in a civil action in relation to the willful	2317
property damage or theft offense;	2318

(3) That, if the person fails to make payment of the amount	2319
specified in the demand within thirty days after the date of its	2320
service upon the person and fails to enter into an agreement for	2321
that payment with the property owner during that thirty-day period	2322
or enters into an agreement for that payment with the property	2323
owner during that thirty-day period but does not make that payment	2324
in accordance with the agreement, the person may be sued in a	2325
civil action in relation to the willful property damage or theft	2326
offense;	2327

(4) The potential judgment that the person may be required to	2328
pay if the person is sued in a civil action in relation to the	2329
willful property damage or theft offense and judgment is rendered	2330
against the person in that civil action;	2331

(5) That, if the person is sued in a civil action by the	2332
property owner in relation to the willful property damage or theft	2333
offense, if the civil action requests that the person be required	2334
to pay the reasonable administrative costs, if any, of the	2335
property owner that have been incurred in connection with actions	2336
taken pursuant to division (A)(2) of this section, the cost of	2337
maintaining the action, and reasonable attorney's fees, and if the	2338
person prevails in the civil action, the person may recover from	2339
the property owner reasonable attorney's fees, the cost of	2340
defending the action, and any compensatory damages that can be	2341
proved.	2342

(D) If a property owner whose property was willfully damaged	2343
or was the subject of a theft offense serves a written demand for	2344
payment upon a person who willfully damaged the property or	2345
committed the theft offense and if the person makes payment of the	2346
amount specified in the demand within thirty days after the date	2347
of its service upon the person or the person enters into an	2348
agreement with the property owner during that thirty-day period	2349
for that payment and makes payment in accordance with the	2350
agreement, the property owner shall not file a civil action	2351
against the person in relation to the willful property damage or	2352
theft offense.	2353

(E) If a property owner whose property was willfully damaged	2354
or was the subject of a theft offense serves a written demand for	2355
payment upon a person who willfully damaged the property or	2356
committed the theft offense and if the person, within thirty days	2357
after the date of service of the demand upon the person, enters	2358
into an agreement with the property owner for the payment of the	2359
amount specified in the demand but does not make that payment in	2360
accordance with the agreement, the time between the entering of	2361
the agreement and the failure to make that payment shall not be	2362
computed as any part of the period within which a civil action	2363
based on the willful property damage or theft offense must be	2364
brought under the Revised Code.	2365

(F) A civil action to recover damages for willful property	2366
damage or for a theft offense may be joined with a civil action	2367
that is brought pursuant to Chapter 2737. of the Revised Code to	2368
recover the property. If the two actions are joined, any	2369
compensatory damages recoverable by the property owner shall be	2370
limited to the value of the property.	2371

(G)(1) In a civil action to recover damages for willful	2372
property damage or for a theft offense, the trier of fact may	2373
determine that an owner's property was willfully damaged or that a	2374
theft offense involving the owner's property has been committed,	2375
whether or not any person has pleaded guilty to or has been	2376
convicted of any criminal offense or has been adjudicated a	2377
delinquent child in relation to any act involving the owner's	2378
property.	2379

(2) This section does not affect the prosecution of any	2380
criminal action or proceeding or any action to obtain a delinquent	2381
child adjudication in connection with willful property damage or a	2382
theft offense.	2383

(H) As used in this section:

2384

(1) "Administrative costs" includes the costs of written	2385
demands for payment and associated postage under division (A)(2)	2386
of this section.	2387

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

2388

(a) The retail value of any property that is offered for sale	2389
by a mercantile establishment, irrespective of whether the	2390
property is destroyed or otherwise damaged, is modified or	2391
otherwise altered, or otherwise is not resalable at its full	2392
market price;	2393

(b) The face value of any check or other negotiable	2394
instrument that is not honored due to insufficient funds in the	2395
drawer's account, the absence of any drawer's account, or another	2396
reason, and all charges imposed by a bank, savings and loan	2397
association, credit union, or other financial institution upon the	2398
holder of the check or other negotiable instrument;	2399

(c) The replacement value of any property not described in	2400
division (H)(1) or (2) of this section.	2401

Section 2. That existing sections 109.572, 135.63, 1109.15,	2402
1151.29, 1181.05, 1181.21, 1181.25, 1315.99, 1321.02, 1321.21,	2403
1321.99, 1345.01, 1349.71, 1349.72, 1733.25, and 2307.61 of the	2404
Revised Code are hereby repealed.	2405

Section 3. That sections 1315.35, 1315.36, 1315.37, 1315.38,	2406
1315.39, 1315.40, 1315.41, 1315.42, 1315.43, and 1315.44 of the	2407
Revised Code are hereby repealed.	2408

Section 4.  The Superintendent of Financial Institutions	2409
shall develop, implement, and maintain a statewide common	2410
database in accordance with section 1321.46 of the Revised Code	2411
within 120 days of the effective date of this act. In the period	2412
of time between the effective date of this act and the	2413
availability of a statewide common database, a licensee shall	2414
require a borrower to sign a written declaration confirming that	2415
the borrower is eligible to receive a loan.	2416

Section 5. All licenses issued pursuant to sections 1315.35	2417
to 1315.44 of the Revised Code, and in effect on the date this	2418
section becomes effective, shall remain in effect, unless	2419
suspended or revoked by the superintendent of financial	2420
institutions, until such time as the license would be subject to	2421
renewal pursuant to sections 1315.35 to 1315.44 of the Revised	2422
Code as those sections existed prior to the effective date of this	2423
act. The superintendent shall recognize any such license holder as	2424
a valid license holder under sections 1321.35 to 1321.48 of the	2425
Revised Code as enacted by this act, and such license holder	2426
thereafter is subject to all provisions of sections 1321.35 to	2427
1321.48 of the Revised Code.	2428

Section 6. Within thirty days of the effective date of this	2429
act, the Director of Budget and Management shall make a one-time	2430
transfer of five per cent of the balance of the consumer finance	2431
fund, created under section 1321.21 of the Revised Code, to the	2432
financial literacy education fund created under section 121.085 of	2433
the Revised Code as enacted by this act.	2434