As Passed by the Senate

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 

Senators Jacobson, Cafaro, Roberts, Miller, D., Fedor, Miller, R. 

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A BILL

To amend sections 109.572, 135.63, 1181.05, 1181.21,

1

1181.25, 1315.99, 1321.02, 1321.15, 1321.21,

2

1321.99, 1345.01, 1349.71, 1349.72, 1733.25, and

3

2307.61, to enact sections 121.085, 135.68,

4

135.69, 135.70, 1321.35, 1321.36, 1321.37,

5

1321.38, 1321.39, 1321.40, 1321.41, 1321.42,

6

1321.421, 1321.422, 1321.43, 1321.44, 1321.45,

7

1321.46, 1321.461, 1321.47, and 1321.48, and to

8

repeal sections 1315.35, 1315.36, 1315.37,

9

1315.38, 1315.39, 1315.40, 1315.41, 1315.42,

10

1315.43, and 1315.44 of the Revised Code to

11

repeal the Check-Cashing Lender Law, to

12

establish the Short-Term Lender Law, to create a

13

short-term installment loan linked deposit

14

program, to further restrict the making of

15

multiple loans under the Small Loan Law, to

16

expand the responsibilities of the Consumer

17

Finance Education Board, and to make other

18

related changes.

19

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

Section 1. That sections 109.572, 135.63, 1181.05, 1181.21,	20
1181.25, 1315.99, 1321.02, 1321.15, 1321.21, 1321.99, 1345.01,	21
1349.71, 1349.72, 1733.25, and 2307.61 be amended, and sections	22
121.085, 135.68, 135.69, 135.70, 1321.35, 1321.36, 1321.37,	23
1321.38, 1321.39, 1321.40, 1321.41, 1321.42, 1321.421, 1321.422,	24
1321.43, 1321.44, 1321.45, 1321.46, 1321.461, 1321.47, and	25
1321.48 of the Revised Code be enacted to read as follows:	26

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	27
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013	28
of the Revised Code, a completed form prescribed pursuant to	29
division (C)(1) of this section, and a set of fingerprint	30
impressions obtained in the manner described in division (C)(2) of	31
this section, the superintendent of the bureau of criminal	32
identification and investigation shall conduct a criminal records	33
check in the manner described in division (B) of this section to	34
determine whether any information exists that indicates that the	35
person who is the subject of the request previously has been	36
convicted of or pleaded guilty to any of the following:	37

(a) A violation of section 2903.01, 2903.02, 2903.03,	38
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	39
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	40
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	41
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	42
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	43
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	44
2925.06, or 3716.11 of the Revised Code, felonious sexual	45
penetration in violation of former section 2907.12 of the Revised	46
Code, a violation of section 2905.04 of the Revised Code as it	47
existed prior to July 1, 1996, a violation of section 2919.23 of	48
the Revised Code that would have been a violation of section	49
2905.04 of the Revised Code as it existed prior to July 1, 1996,	50
had the violation been committed prior to that date, or a	51
violation of section 2925.11 of the Revised Code that is not a	52
minor drug possession offense;	53

(b) A violation of an existing or former law of this state,	54
any other state, or the United States that is substantially	55
equivalent to any of the offenses listed in division (A)(1)(a) of	56
this section.	57

(2) On receipt of a request pursuant to section 5123.081 of	58
the Revised Code with respect to an applicant for employment in	59
any position with the department of mental retardation and	60
developmental disabilities, pursuant to section 5126.28 of the	61
Revised Code with respect to an applicant for employment in any	62
position with a county board of mental retardation and	63
developmental disabilities, or pursuant to section 5126.281 of the	64
Revised Code with respect to an applicant for employment in a	65
direct services position with an entity contracting with a county	66
board for employment, a completed form prescribed pursuant to	67
division (C)(1) of this section, and a set of fingerprint	68
impressions obtained in the manner described in division (C)(2) of	69
this section, the superintendent of the bureau of criminal	70
identification and investigation shall conduct a criminal records	71
check. The superintendent shall conduct the criminal records check	72
in the manner described in division (B) of this section to	73
determine whether any information exists that indicates that the	74
person who is the subject of the request has been convicted of or	75
pleaded guilty to any of the following:	76

(a) A violation of section 2903.01, 2903.02, 2903.03,	77
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	78
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	79
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	80
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	81
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	82
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	83
2925.03, or 3716.11 of the Revised Code;	84

(b) An existing or former municipal ordinance or law of this	85
state, any other state, or the United States that is substantially	86
equivalent to any of the offenses listed in division (A)(2)(a) of	87
this section.	88

(3) On receipt of a request pursuant to section 173.27,	89
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	90
completed form prescribed pursuant to division (C)(1) of this	91
section, and a set of fingerprint impressions obtained in the	92
manner described in division (C)(2) of this section, the	93
superintendent of the bureau of criminal identification and	94
investigation shall conduct a criminal records check with respect	95
to any person who has applied for employment in a position for	96
which a criminal records check is required by those sections. The	97
superintendent shall conduct the criminal records check in the	98
manner described in division (B) of this section to determine	99
whether any information exists that indicates that the person who	100
is the subject of the request previously has been convicted of or	101
pleaded guilty to any of the following:	102

(a) A violation of section 2903.01, 2903.02, 2903.03,	103
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	104
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	105
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	106
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	107
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	108
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	109
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	110
2925.22, 2925.23, or 3716.11 of the Revised Code;	111

(b) An existing or former law of this state, any other state,	112
or the United States that is substantially equivalent to any of	113
the offenses listed in division (A)(3)(a) of this section.	114

(4) On receipt of a request pursuant to section 3701.881 of	115
the Revised Code with respect to an applicant for employment with	116
a home health agency as a person responsible for the care,	117
custody, or control of a child, a completed form prescribed	118
pursuant to division (C)(1) of this section, and a set of	119
fingerprint impressions obtained in the manner described in	120
division (C)(2) of this section, the superintendent of the bureau	121
of criminal identification and investigation shall conduct a	122
criminal records check. The superintendent shall conduct the	123
criminal records check in the manner described in division (B) of	124
this section to determine whether any information exists that	125
indicates that the person who is the subject of the request	126
previously has been convicted of or pleaded guilty to any of the	127
following:	128

(a) A violation of section 2903.01, 2903.02, 2903.03,	129
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	130
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	131
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	132
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	133
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	134
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	135
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	136
violation of section 2925.11 of the Revised Code that is not a	137
minor drug possession offense;	138

(b) An existing or former law of this state, any other state,	139
or the United States that is substantially equivalent to any of	140
the offenses listed in division (A)(4)(a) of this section.	141

(5) On receipt of a request pursuant to section 5111.032,	142
5111.033, or 5111.034 of the Revised Code, a completed form	143
prescribed pursuant to division (C)(1) of this section, and a set	144
of fingerprint impressions obtained in the manner described in	145
division (C)(2) of this section, the superintendent of the bureau	146
of criminal identification and investigation shall conduct a	147
criminal records check. The superintendent shall conduct the	148
criminal records check in the manner described in division (B) of	149
this section to determine whether any information exists that	150
indicates that the person who is the subject of the request	151
previously has been convicted of, has pleaded guilty to, or has	152
been found eligible for intervention in lieu of conviction for	153
any of the following:	154

(a) A violation of section 2903.01, 2903.02, 2903.03,	155
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21,	156
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,	157
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	158
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,	159
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,	160
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,	161
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,	162
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,	163
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,	164
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or	165
3716.11 of the Revised Code, felonious sexual penetration in	166
violation of former section 2907.12 of the Revised Code, a	167
violation of section 2905.04 of the Revised Code as it existed	168
prior to July 1, 1996, a violation of section 2919.23 of the	169
Revised Code that would have been a violation of section 2905.04	170
of the Revised Code as it existed prior to July 1, 1996, had the	171
violation been committed prior to that date;	172

(b) An existing or former law of this state, any other state,	173
or the United States that is substantially equivalent to any of	174
the offenses listed in division (A)(5)(a) of this section.	175

(6) On receipt of a request pursuant to section 3701.881 of	176
the Revised Code with respect to an applicant for employment with	177
a home health agency in a position that involves providing direct	178
care to an older adult, a completed form prescribed pursuant to	179
division (C)(1) of this section, and a set of fingerprint	180
impressions obtained in the manner described in division (C)(2) of	181
this section, the superintendent of the bureau of criminal	182
identification and investigation shall conduct a criminal records	183
check. The superintendent shall conduct the criminal records check	184
in the manner described in division (B) of this section to	185
determine whether any information exists that indicates that the	186
person who is the subject of the request previously has been	187
convicted of or pleaded guilty to any of the following:	188

(a) A violation of section 2903.01, 2903.02, 2903.03,	189
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	190
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	191
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	192
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	193
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	194
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	195
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	196
2925.22, 2925.23, or 3716.11 of the Revised Code;	197

(b) An existing or former law of this state, any other state,	198
or the United States that is substantially equivalent to any of	199
the offenses listed in division (A)(6)(a) of this section.	200

(7) When conducting a criminal records check upon a request	201
pursuant to section 3319.39 of the Revised Code for an applicant	202
who is a teacher, in addition to the determination made under	203
division (A)(1) of this section, the superintendent shall	204
determine whether any information exists that indicates that the	205
person who is the subject of the request previously has been	206
convicted of or pleaded guilty to any offense specified in section	207
3319.31 of the Revised Code.	208

(8) On receipt of a request pursuant to section 2151.86 of	209
the Revised Code, a completed form prescribed pursuant to	210
division (C)(1) of this section, and a set of fingerprint	211
impressions obtained in the manner described in division (C)(2)	212
of this section, the superintendent of the bureau of criminal	213
identification and investigation shall conduct a criminal records	214
check in the manner described in division (B) of this section to	215
determine whether any information exists that indicates that the	216
person who is the subject of the request previously has been	217
convicted of or pleaded guilty to any of the following:	218

(a) A violation of section 2903.01, 2903.02, 2903.03,	219
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	220
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	221
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	222
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	223
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	224
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	225
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a	226
violation of section 2905.04 of the Revised Code as it existed	227
prior to July 1, 1996, a violation of section 2919.23 of the	228
Revised Code that would have been a violation of section 2905.04	229
of the Revised Code as it existed prior to July 1, 1996, had the	230
violation been committed prior to that date, a violation of	231
section 2925.11 of the Revised Code that is not a minor drug	232
possession offense, or felonious sexual penetration in violation	233
of former section 2907.12 of the Revised Code;	234

(b) A violation of an existing or former law of this state,	235
any other state, or the United States that is substantially	236
equivalent to any of the offenses listed in division (A)(8)(a) of	237
this section.	238

(9) When conducting a criminal records check on a request	239
pursuant to section 5104.013 of the Revised Code for a person who	240
is an owner, licensee, or administrator of a child day-care center	241
or type A family day-care home, an authorized provider of a	242
certified type B family day-care home, or an adult residing in a	243
type A or certified type B home, or when conducting a criminal	244
records check or a request pursuant to section 5104.012 of the	245
Revised Code for a person who is an applicant for employment in a	246
center, type A home, or certified type B home, the superintendent,	247
in addition to the determination made under division (A)(1) of	248
this section, shall determine whether any information exists that	249
indicates that the person has been convicted of or pleaded guilty	250
to any of the following:	251

(a) A violation of section 2913.02, 2913.03, 2913.04,	252
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	253
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	254
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,	255
2921.13, or 2923.01 of the Revised Code, a violation of section	256
2923.02 or 2923.03 of the Revised Code that relates to a crime	257
specified in this division or division (A)(1)(a) of this section,	258
or a second violation of section 4511.19 of the Revised Code	259
within five years of the date of application for licensure or	260
certification.	261

(b) A violation of an existing or former law of this state,	262
any other state, or the United States that is substantially	263
equivalent to any of the offenses or violations described in	264
division (A)(9)(a) of this section.	265

(10) Upon receipt of a request pursuant to section 5153.111	266
of the Revised Code, a completed form prescribed pursuant to	267
division (C)(1) of this section, and a set of fingerprint	268
impressions obtained in the manner described in division (C)(2) of	269
this section, the superintendent of the bureau of criminal	270
identification and investigation shall conduct a criminal records	271
check in the manner described in division (B) of this section to	272
determine whether any information exists that indicates that the	273
person who is the subject of the request previously has been	274
convicted of or pleaded guilty to any of the following:	275

(a) A violation of section 2903.01, 2903.02, 2903.03,	276
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	277
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	278
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	279
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	280
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	281
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	282
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	283
felonious sexual penetration in violation of former section	284
2907.12 of the Revised Code, a violation of section 2905.04 of the	285
Revised Code as it existed prior to July 1, 1996, a violation of	286
section 2919.23 of the Revised Code that would have been a	287
violation of section 2905.04 of the Revised Code as it existed	288
prior to July 1, 1996, had the violation been committed prior to	289
that date, or a violation of section 2925.11 of the Revised Code	290
that is not a minor drug possession offense;	291

(b) A violation of an existing or former law of this state,	292
any other state, or the United States that is substantially	293
equivalent to any of the offenses listed in division (A)(10)(a) of	294
this section.	295

(11) On receipt of a request for a criminal records check	296
from an individual pursuant to section 4749.03 or 4749.06 of the	297
Revised Code, accompanied by a completed copy of the form	298
prescribed in division (C)(1) of this section and a set of	299
fingerprint impressions obtained in a manner described in division	300
(C)(2) of this section, the superintendent of the bureau of	301
criminal identification and investigation shall conduct a criminal	302
records check in the manner described in division (B) of this	303
section to determine whether any information exists indicating	304
that the person who is the subject of the request has been	305
convicted of or pleaded guilty to a felony in this state or in any	306
other state. If the individual indicates that a firearm will be	307
carried in the course of business, the superintendent shall	308
require information from the federal bureau of investigation as	309
described in division (B)(2) of this section. The superintendent	310
shall report the findings of the criminal records check and any	311
information the federal bureau of investigation provides to the	312
director of public safety.	313

(12) On receipt of a request pursuant to section 1321.37,	314
1322.03, 1322.031, or 4763.05 of the Revised Code, a completed	315
form prescribed pursuant to division (C)(1) of this section, and	316
a set of fingerprint impressions obtained in the manner described	317
in division (C)(2) of this section, the superintendent of the	318
bureau of criminal identification and investigation shall conduct	319
a criminal records check with respect to any person who has	320
applied for a license, permit, or certification from the	321
department of commerce or a division in the department. The	322
superintendent shall conduct the criminal records check in the	323
manner described in division (B) of this section to determine	324
whether any information exists that indicates that the person who	325
is the subject of the request previously has been convicted of or	326
pleaded guilty to any of the following: a violation of section	327
2913.02, 2913.11, 2913.31, 2913.51, or 2925.03 of the Revised	328
Code; any other criminal offense involving theft, receiving	329
stolen property, embezzlement, forgery, fraud, passing bad	330
checks, money laundering, or drug trafficking, or any criminal	331
offense involving money or securities, as set forth in Chapters	332
2909., 2911., 2913., 2915., 2921., 2923., and 2925. of the	333
Revised Code; or any existing or former law of this state, any	334
other state, or the United States that is substantially	335
equivalent to those offenses.	336

(13) On receipt of a request for a criminal records check	337
from the treasurer of state under section 113.041 of the Revised	338
Code or from an individual under section 4701.08, 4715.101,	339
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	340
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	341
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	342
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	343
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	344
by a completed form prescribed under division (C)(1) of this	345
section and a set of fingerprint impressions obtained in the	346
manner described in division (C)(2) of this section, the	347
superintendent of the bureau of criminal identification and	348
investigation shall conduct a criminal records check in the	349
manner described in division (B) of this section to determine	350
whether any information exists that indicates that the person who	351
is the subject of the request has been convicted of or pleaded	352
guilty to any criminal offense in this state or any other state.	353
The superintendent shall send the results of a check requested	354
under section 113.041 of the Revised Code to the treasurer of	355
state and shall send the results of a check requested under any of	356
the other listed sections to the licensing board specified by the	357
individual in the request.	358

(14) Not later than thirty days after the date the	359
superintendent receives a request of a type described in division	360
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), or	361
(12) of this section, the completed form, and the fingerprint	362
impressions, the superintendent shall send the person, board, or	363
entity that made the request any information, other than	364
information the dissemination of which is prohibited by federal	365
law, the superintendent determines exists with respect to the	366
person who is the subject of the request that indicates that the	367
person previously has been convicted of or pleaded guilty to any	368
offense listed or described in division (A)(1), (2), (3), (4),	369
(5), (6), (7), (8), (9), (10), (11), or (12) of this section, as	370
appropriate. The superintendent shall send the person, board, or	371
entity that made the request a copy of the list of offenses	372
specified in division (A)(1), (2), (3), (4), (5), (6), (7), (8),	373
(9), (10), (11), or (12) of this section, as appropriate. If the	374
request was made under section 3701.881 of the Revised Code with	375
regard to an applicant who may be both responsible for the care,	376
custody, or control of a child and involved in providing direct	377
care to an older adult, the superintendent shall provide a list of	378
the offenses specified in divisions (A)(4) and (6) of this	379
section.	380

Not later than thirty days after the superintendent receives	381
a request for a criminal records check pursuant to section 113.041	382
of the Revised Code, the completed form, and the fingerprint	383
impressions, the superintendent shall send the treasurer of state	384
any information, other than information the dissemination of which	385
is prohibited by federal law, the superintendent determines exist	386
with respect to the person who is the subject of the request that	387
indicates that the person previously has been convicted of or	388
pleaded guilty to any criminal offense in this state or any other	389
state.	390

(B) The superintendent shall conduct any criminal records	391
check requested under section 113.041, 121.08, 173.27, 173.394,	392
1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	393
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	394
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	395
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	396
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	397
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	398
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	399
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	400
5126.281, or 5153.111 of the Revised Code as follows:	401

(1) The superintendent shall review or cause to be reviewed	402
any relevant information gathered and compiled by the bureau under	403
division (A) of section 109.57 of the Revised Code that relates to	404
the person who is the subject of the request, including any	405
relevant information contained in records that have been sealed	406
under section 2953.32 of the Revised Code;	407

(2) If the request received by the superintendent asks for	408
information from the federal bureau of investigation, the	409
superintendent shall request from the federal bureau of	410
investigation any information it has with respect to the person	411
who is the subject of the request and shall review or cause to be	412
reviewed any information the superintendent receives from that	413
bureau.	414

(3) The superintendent or the superintendent's designee may	415
request criminal history records from other states or the federal	416
government pursuant to the national crime prevention and privacy	417
compact set forth in section 109.571 of the Revised Code.	418

(C)(1) The superintendent shall prescribe a form to obtain	419
the information necessary to conduct a criminal records check from	420
any person for whom a criminal records check is requested under	421
section 113.041 of the Revised Code or required by section	422
121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86, 3301.32,	423
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151,	424
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071,	425
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171,	426
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202,	427
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	428
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	429
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	430
5126.28, 5126.281, or 5153.111 of the Revised Code. The form	431
that the superintendent prescribes pursuant to this division may	432
be in a tangible format, in an electronic format, or in both	433
tangible and electronic formats.	434

(2) The superintendent shall prescribe standard impression	435
sheets to obtain the fingerprint impressions of any person for	436
whom a criminal records check is requested under section 113.041	437
of the Revised Code or required by section 121.08, 173.27,	438
173.394, 1322.03, 1322.031, 2151.86, 3301.32, 3301.541, 3319.39,	439
3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101,	440
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	441
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	442
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	443
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	444
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	445
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	446
5126.281, or 5153.111 of the Revised Code. Any person for whom a	447
records check is requested under or required by any of those	448
sections shall obtain the fingerprint impressions at a county	449
sheriff's office, municipal police department, or any other	450
entity with the ability to make fingerprint impressions on the	451
standard impression sheets prescribed by the superintendent. The	452
office, department, or entity may charge the person a reasonable	453
fee for making the impressions. The standard impression sheets the	454
superintendent prescribes pursuant to this division may be in a	455
tangible format, in an electronic format, or in both tangible and	456
electronic formats.	457

(3) Subject to division (D) of this section, the	458
superintendent shall prescribe and charge a reasonable fee for	459
providing a criminal records check requested under section	460
113.041, 121.08, 173.27, 173.394, 1322.03, 1322.031, 2151.86,	461
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	462
3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	463
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	464
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	465
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70,	466
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	467
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032,	468
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	469
the Revised Code. The person making a criminal records request	470
under section 113.041, 121.08, 173.27, 173.394, 1322.03,	471
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,	472
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061,	473
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28,	474
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296,	475
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03,	476
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06,	477
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,	478
5104.013, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	479
5153.111 of the Revised Code shall pay the fee prescribed	480
pursuant to this division. A person making a request under	481
section 3701.881 of the Revised Code for a criminal records	482
check for an applicant who may be both responsible for the care,	483
custody, or control of a child and involved in providing direct	484
care to an older adult shall pay one fee for the request. In the	485
case of a request under section 5111.032 of the Revised Code,	486
the fee shall be paid in the manner specified in that section.	487

(4) The superintendent of the bureau of criminal	488
identification and investigation may prescribe methods of	489
forwarding fingerprint impressions and information necessary to	490
conduct a criminal records check, which methods shall include, but	491
not be limited to, an electronic method.	492

(D) A determination whether any information exists that	493
indicates that a person previously has been convicted of or	494
pleaded guilty to any offense listed or described in division	495
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	496
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	497
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12) of this	498
section, or that indicates that a person previously has been	499
convicted of or pleaded guilty to any criminal offense in this	500
state or any other state regarding a criminal records check of a	501
type described in division (A)(13) of this section, and that is	502
made by the superintendent with respect to information	503
considered in a criminal records check in accordance with this	504
section is valid for the person who is the subject of the	505
criminal records check for a period of one year from the date	506
upon which the superintendent makes the determination. During the	507
period in which the determination in regard to a person is valid,	508
if another request under this section is made for a criminal	509
records check for that person, the superintendent shall provide	510
the information that is the basis for the superintendent's	511
initial determination at a lower fee than the fee prescribed for	512
the initial criminal records check.	513

(E) As used in this section:

514

(1) "Criminal records check" means any criminal records check	515
conducted by the superintendent of the bureau of criminal	516
identification and investigation in accordance with division (B)	517
of this section.	518

(2) "Minor drug possession offense" has the same meaning as	519
in section 2925.01 of the Revised Code.	520

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

521

Sec. 121.085. The financial literacy education fund is hereby	522
created in the state treasury. The fund shall consist of funds	523
transferred to it from the consumer finance fund pursuant to	524
section 1321.21 of the Revised Code. The fund shall be used to	525
support various adult financial literacy education programs	526
developed or implemented by the director of commerce. The fund	527
shall be administered by the director of commerce who shall	528
adopt rules for the distribution of fund moneys. The director of	529
commerce shall adopt a rule to require that at least one-half of	530
the financial literacy education programs developed or	531
implemented pursuant to this section, and offered to the public,	532
be presented by or available at public community colleges or	533
state institutions throughout the state. The director of	534
commerce shall deliver to the president of the senate, the	535
speaker of the house of representatives, the minority leader	536
of the senate, the minority leader of the house of	537
representatives, and the governor an annual report that includes	538
an outline of each adult financial literacy education program	539
developed or implemented, the number of individuals who were	540
educated by each program, and an accounting for all funds	541
distributed.	542

Sec. 135.63.  The treasurer of state may invest in linked	543
deposits under sections 135.61 to 135.67, short-term installment	544
loan linked deposits under sections 135.68 to 135.70,	545
agricultural linked deposits under sections 135.71 to 135.76,	546
housing linked deposits under sections 135.81 to 135.87, and	547
assistive technology device linked deposits under sections 135.91	548
to 135.97 of the Revised Code, provided that at the time of	549
placement of any linked deposit under sections 135.61 to 135.67 of	550
the Revised Code, short-term installment loan linked deposit,	551
agricultural linked deposit, housing linked deposit, or assistive	552
technology device linked deposit, the combined amount of	553
investments in the linked deposits, short-term installment loan	554
linked deposits, agricultural linked deposits, housing linked	555
deposits, and assistive technology device linked deposits is not	556
more than twelve per cent of the state's total average investment	557
portfolio as determined by the treasurer of state. When deciding	558
whether to invest in the linked deposits, short-term installment	559
loan linked deposits, agricultural linked deposits, housing	560
linked deposits, or assistive technology device linked deposits,	561
the treasurer of state shall give priority to the investment,	562
liquidity, and cash flow needs of the state.	563

Sec. 135.68. As used in sections 135.68 to 135.70 of the	564
Revised Code:	565

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

566

(B) "Eligible lending institution" means a financial	567
institution that is eligible to make loans, is a public depository	568
of state funds under section 135.03 of the Revised Code, and	569
agrees to participate in the short-term installment loan linked	570
deposit program.	571

(C) "Short-term installment loan" means an extension of	572
credit that does not exceed eight hundred dollars, the duration	573
of which is not less than ninety days and six installments, and	574
the interest on the loan is calculated in compliance with 15	575
U.S.C. 1606 and does not exceed an annual percentage rate of	576
twenty-eight per cent. For the purpose of this section, interest	577
and annual percentage rate have the same meaning as in section	578
1321.35 of the Revised Code.	579

(D) "Short-term installment loan linked deposit" means a	580
certificate of deposit placed by the treasurer of state with an	581
eligible lending institution at up to three per cent below	582
current market rates, as determined and calculated by the	583
treasurer of state, provided the institution agrees to lend the	584
value of such deposit, according to the deposit agreement	585
provided for section 135.69 of the Revised Code, to eligible	586
individuals in the form of short-term installment loans.	587

Sec. 135.69. (A) An eligible lending institution shall enter	588
into a deposit agreement with the treasurer of state, which	589
agreement shall include requirements necessary to carry out the	590
purposes of sections 135.68 to 135.70 of the Revised Code. These	591
requirements shall reflect the market conditions prevailing in the	592
eligible lending institution's lending area.	593

(B)(1) The deposit agreement required by division (A) of this	594
section shall include provisions for certificates of deposit to be	595
placed for any maturity considered appropriate by the treasurer of	596
state not to exceed two years, but may be renewed for up to an	597
additional two years at the option of the treasurer of state.	598
Interest shall be paid at the times determined by the treasurer of	599
state.	600

(2) The deposit agreement required by division (A) of this	601
section may include a specification of the period of time in which	602
the lending institution is to lend funds upon the placement of a	603
short-term installment loan linked deposit.	604

(C) Eligible lending institutions shall comply fully with	605
this chapter.	606

(D) An eligible lending institution that desires to receive a	607
short-term installment loan linked deposit shall forward to the	608
treasurer of state a short-term installment loan linked deposit	609
loan package, in the form and manner as prescribed by the	610
treasurer of state. The package required by this section shall	611
include such information as required by the treasurer of state,	612
including the amount of the loan requested.	613

(E) Upon the placement of a short-term installment loan	614
linked deposit with an eligible lending institution, the	615
institution shall make short-term installment loans, as defined	616
in section 135.68 of the Revised Code, to eligible individuals	617
in accordance with the deposit agreement required by section	618
135.69 of the Revised Code.	619

(F) An eligible lending institution shall certify compliance	620
with this section in the form and manner prescribed by the	621
treasurer of state.	622

Sec. 135.70. (A) The treasurer of state may accept or reject	623
a short-term installment loan linked deposit loan package or any	624
portion of the package required by section 135.69 of the Revised	625
Code, based on the treasurer's evaluation of the package and the	626
amount of state funds to be deposited.	627

(B) Upon acceptance of the short-term installment loan linked	628
deposit loan package or any portion of the package, the	629
treasurer of state may place certificates of deposit with the	630
eligible lending institution at three per cent below current	631
market rates, as determined and calculated by the treasurer of	632
state. However, when necessary, the treasurer of state may place	633
certificates of deposit prior to acceptance of a short-term	634
installment loan linked deposit loan package.	635

(C) The treasurer of state shall take all steps, including	636
the development of guidelines, necessary to implement the	637
short-term installment loan linked deposit program established	638
under sections 135.68 to 135.70 of the Revised Code and monitor	639
compliance of eligible lending institutions.	640

(D)(1) Annually, by the first day of February, the treasurer	641
of state shall report on the short-term installment loan linked	642
deposit program established under sections 135.68 to 135.70 of	643
the Revised Code for the preceding calendar year to the	644
governor, the speaker of the house of representatives, and the	645
president of the senate.	646

(2) The report required by division (D)(1) of this section	647
shall set forth the short-term installment loan linked deposits	648
made by the treasurer of state under the program during the year	649
and shall include the following information:	650

(a) The number of short-term installment loans made by each	651
eligible lending institution pursuant to a short-term	652
installment loan linked deposit, categorized by United States	653
postal zip code;	654

(b) A representation of the number or percentage of loans,	655
pursuant to each short-term installment loan linked deposit, that	656
were paid late or in default.	657

(3) The speaker of the house of representatives shall	658
transmit copies of the report required by division (D)(1) of this	659
section to the chairperson of the standing house of	660
representatives committee that customarily considers legislation	661
regarding financial institutions, and the president of the senate	662
shall transmit copies of the report to the chairperson of the	663
standing senate committee that customarily considers legislation	664
regarding financial institutions.	665

(E) The state and the treasurer of state are not liable to	666
any eligible lending institution in any manner for payment of the	667
principal or interest on a loan made under sections 135.68 to	668
135.70 of the Revised Code to an eligible individual.	669

(F) Any delay in payments or default on the part of an	670
eligible individual with respect to a loan made under sections	671
135.68 to 135.70 of the Revised Code does not in any manner affect	672
the deposit agreement between the eligible lending institution and	673
the treasurer of state.	674

Sec. 1181.05.  (A) As used in this section, "consumer finance	675
company" means any person required to be licensed or registered	676
under Chapter 1321., 1322., 4712., 4727., or 4728.,or sections	677
1315.21 to 1315.30, or sections 1315.35 to 1315.44 of the Revised	678
Code.	679

(B) Neither the superintendent of financial institutions nor	680
any other employee of the division of financial institutions shall	681
do any of the following: be interested, directly or indirectly, in	682
any bank, savings and loan association, savings bank, credit	683
union, or consumer finance company, that is under the supervision	684
of the superintendent of financial institutions; directly or	685
indirectly borrow money from any such financial institution or	686
company; serve as a director or officer of or be employed by any	687
such financial institution or company; or own an equity interest	688
in any such financial institution or company. For purposes of this	689
section, an equity interest does not include the ownership of an	690
account in a mutual savings and loan association or in a savings	691
bank that does not have permanent stock or the ownership of a	692
share account in a credit union.	693

(C) Subject to division (G) of this section, an employee of	694
the division of financial institutions may retain any extension of	695
credit that otherwise would be prohibited by division (B) of this	696
section if both of the following apply:	697

(1) The employee obtained the extension of credit prior to	698
October 29, 1995, or the commencement of the employee's employment	699
with the division, or as a result of a change in the employee's	700
marital status, the consummation of a merger, acquisition,	701
transfer of assets, or other change in corporate ownership beyond	702
the employee's control, or the sale of the extension of credit in	703
the secondary market or other business transaction beyond the	704
employee's control.	705

(2) The employee liquidates the extension of credit under its	706
original terms and without renegotiation.	707

If the employee chooses to retain the extension of credit,	708
the employee shall immediately provide written notice of the	709
retention to the employee's supervisor. Thereafter, the employee	710
shall be disqualified from participating in any decision,	711
examination, audit, or other action that may affect that	712
particular creditor.	713

(D) Subject to division (G) of this section, an employee of	714
the division of financial institutions may retain any ownership of	715
or beneficial interest in the securities of a financial	716
institution or consumer finance company that is under the	717
supervision of the division of financial institutions, or of a	718
holding company or subsidiary of such a financial institution or	719
company, which ownership or beneficial interest otherwise would be	720
prohibited by division (B) of this section, if the ownership or	721
beneficial interest is acquired by the employee through	722
inheritance or gift, prior to October 29, 1995, or the	723
commencement of the employee's employment with the division, or as	724
a result of a change in the employee's marital status or the	725
consummation of a merger, acquisition, transfer of assets, or	726
other change in corporate ownership beyond the employee's control.	727

If the employee chooses to retain the ownership or beneficial	728
interest, the employee shall immediately provide written notice of	729
the retention to the employee's supervisor. Thereafter, the	730
employee shall be disqualified from participating in any decision,	731
examination, audit, or other action that may affect the issuer of	732
the securities. However, if the ownership of or beneficial	733
interest in the securities and the subsequent disqualification	734
required by this division impair the employee's ability to perform	735
the employee's duties, the employee may be ordered to divest self	736
of the ownership of or beneficial interest in the securities.	737

(E) Notwithstanding division (B) of this section, an employee	738
of the division of financial institutions may have an indirect	739
interest in the securities of a financial institution or consumer	740
finance company that is under the supervision of the division of	741
financial institutions, which interest arises through ownership of	742
or beneficial interest in the securities of a publicly held mutual	743
fund or investment trust, if the employee owns or has a beneficial	744
interest in less than five per cent of the securities of the	745
mutual fund or investment trust, and the mutual fund or investment	746
trust is not advised or sponsored by a financial institution or	747
consumer finance company that is under the supervision of the	748
division of financial institutions. If the mutual fund or	749
investment trust is subsequently advised or sponsored by a	750
financial institution or consumer finance company that is under	751
the supervision of the division of financial institutions, the	752
employee shall immediately provide written notice of the ownership	753
of or beneficial interest in the securities to the employee's	754
supervisor. Thereafter, the employee shall be disqualified from	755
participating in any decision, examination, audit, or other action	756
that may affect the financial institution or consumer finance	757
company. However, if the ownership of or beneficial interest in	758
the securities and the subsequent disqualification required by	759
this division impair the employee's ability to perform the	760
employee's duties, the employee may be ordered to divest self of	761
the ownership of or beneficial interest in the securities.	762

(F)(1) For purposes of this section, the interests of an	763
employee's spouse or dependent child arising through the ownership	764
or control of securities shall be considered the interests of the	765
employee, unless the interests are solely the financial interest	766
and responsibility of the spouse or dependent child, the interests	767
are not in any way derived from the income, assets, or activity of	768
the employee, and any financial or economic benefit from the	769
interests is for the personal use of the spouse or dependent	770
child.	771

(2) If an employee's spouse or dependent child obtains	772
interests arising through the ownership or control of securities	773
and, pursuant to division (F)(1) of this section, the interests	774
are not considered the interests of the employee, the employee	775
shall immediately provide written notice of the interests to the	776
employee's supervisor. Thereafter, the employee shall be	777
disqualified from participating in any decision, examination,	778
audit, or other action that may affect the issuer of the	779
securities.	780

(G) For purposes of divisions (C) and (D) of this section,	781
both of the following apply:	782

(1) With respect to any employee of the former division of	783
consumer finance who, on the first day of the first pay period	784
commencing after the effective date of this section, becomes an	785
employee of the division of financial institutions, the employee's	786
employment with the division of financial institutions is deemed	787
to commence on the first day of the first pay period commencing	788
after the effective date of this section.	789

(2) With respect to any employee who, on October 29, 1995,	790
became an employee of the division of financial institutions, the	791
employee may, notwithstanding divisions (C) and (D) of this	792
section, retain any extension of credit by a consumer finance	793
company that was obtained at any time prior to the first day of	794
the first pay period commencing after the effective date of this	795
section, or retain any ownership of or beneficial interest in the	796
securities of a consumer finance company, or of a holding company	797
or subsidiary of such a company, that was acquired at any time	798
prior to the first day of the first pay period commencing after	799
the effective date of this section. If the employee chooses to	800
retain the extension of credit or the ownership or beneficial	801
interest, the employee shall comply with divisions (C) and (D) of	802
this section.	803

Sec. 1181.21.  (A) As used in this section, "consumer finance	804
company" has the same meaning as in section 1181.05 of the Revised	805
Code.	806

(B) The superintendent of financial institutions shall see	807
that the laws relating to consumer finance companies are executed	808
and enforced.	809

(C) The deputy superintendent for consumer finance shall be	810
the principal supervisor of consumer finance companies. In that	811
position the deputy superintendent for consumer finance shall,	812
notwithstanding division (C) of section 1315.421321.421,	813
division (A) of section 1321.76, and sections 1321.07, 1321.55,	814
1322.06, 4727.05, and 4728.05 of the Revised Code, be responsible	815
for conducting examinations and preparing examination reports	816
under those sections. In addition, the deputy superintendent for	817
consumer finance shall, notwithstanding sections 1315.27, 1315.43,	818
1321.10, 1321.43, 1321.54, 1321.77, 1322.12, 4712.14, 4727.13, and	819
4728.10 of the Revised Code, have the authority to adopt rules and	820
standards in accordance with those sections. In performing or	821
exercising any of the examination, rule-making, or other	822
regulatory functions, powers, or duties vested by this division in	823
the deputy superintendent for consumer finance, the deputy	824
superintendent for consumer finance shall be subject to the	825
control of the superintendent of financial institutions and the	826
director of commerce.	827

Sec. 1181.25. The superintendent of financial institutions	828
may introduce into evidence or disclose, or authorize to be	829
introduced into evidence or disclosed, information that, under	830
sections 1121.18, 1155.16, 1163.20, 1315.122, 1321.09, 1321.48,	831
1321.55, 1321.76, 1322.06, 1322.061, 1733.32, 1733.327, and	832
4727.18 of the Revised Code, is privileged, confidential, or	833
otherwise not public information or a public record, provided that	834
the superintendent acts only as provided in those sections or in	835
the following circumstances:	836

(A) When in the opinion of the superintendent, it is	837
appropriate with regard to any enforcement actions taken and	838
decisions made by the superintendent under Chapters 1315., 1321.,	839
1322., 1733., 4712., 4727., and 4728. of the Revised Code or Title	840
XI of the Revised Code;	841

(B) When litigation has been initiated by the superintendent	842
in furtherance of the powers, duties, and obligations imposed upon	843
the superintendent by Chapters 1315., 1321., 1322., 1733., 4712.,	844
4727., and 4728. of the Revised Code or Title XI of the Revised	845
Code;	846

(C) When in the opinion of the superintendent, it is	847
appropriate with regard to enforcement actions taken or decisions	848
made by other financial institution regulatory authorities to whom	849
the superintendent has provided the information pursuant to	850
authority in Chapters 1315., 1321., 1322., 1733., 4712., 4727.,	851
and 4728. of the Revised Code or Title XI of the Revised Code.	852

Sec. 1315.99.  (A) Whoever violates division (A) or (B) of	853
section 1315.28, section 1315.41, or division (E)(2) of section	854
1315.53 of the Revised Code is guilty of a misdemeanor of the	855
first degree.	856

(B) Whoever violates division (F)(1) of section 1315.53 or	857
division (B) of section 1315.54 of the Revised Code is guilty of a	858
felony of the fourth degree.	859

(C) Whoever violates division (A) of section 1315.55 of the	860
Revised Code is guilty of money laundering. A violation of	861
division (A)(1), (2), (3), (4), or (5) of that section is a felony	862
of the third degree, and, in addition, the court may impose a fine	863
of seven thousand five hundred dollars or twice the value of the	864
property involved, whichever is greater.	865

(D) Whoever knowingly violates division (A) of section	866
1315.02, or intentionally violates division (B)(1) of section	867
1315.081, of the Revised Code is guilty of a felony of the fourth	868
degree.	869

Sec. 1321.02.  No person shall engage in the business of	870
lending money, credit, or choses in action in amounts of five	871
thousand dollars or less, or exact, contract for, or receive,	872
directly or indirectly, on or in connection with any such loan,	873
any interest and charges that in the aggregate are greater than	874
the interest and charges that the lender would be permitted to	875
charge for a loan of money if the lender were not a licensee,	876
without first having obtained a license from the division of	877
financial institutions under sections 1321.01 to 1321.19 of the	878
Revised Code.	879

Sections 1321.01 to 1321.19 of the Revised Code do not apply	880
to any person doing business under and as permitted by any law of	881
this state, another state, or the United States relating to banks,	882
savings banks, savings societies, trust companies, credit unions,	883
savings and loan associations substantially all the business of	884
which is confined to loans on real estate mortgages and evidences	885
of their own indebtedness; to registrants conducting business	886
pursuant to sections 1321.51 to 1321.60 of the Revised Code; to	887
licensees conducting business pursuant to sections 1321.71 to	888
1321.83 of the Revised Code; to licensees doing business pursuant	889
to sections 1315.35 to 1315.441321.35 to 1321.48 of the Revised	890
Code; or to any entity who is licensed pursuant to Title XXXIX of	891
the Revised Code, who makes advances or loans to any person who is	892
licensed to sell insurance pursuant to that Title, and who is	893
authorized in writing by that entity to sell insurance. No person	894
engaged in the business of selling tangible goods or services	895
related thereto may receive or retain a license under sections	896
1321.01 to 1321.19 of the Revised Code for such place of business.	897

The first paragraph of this section applies to any person,	898
who by any device, subterfuge, or pretense, charges, contracts	899
for, or receives greater interest, consideration, or charges than	900
that authorized by this section for any such loan or use of money	901
or for any such loan, use, or sale of credit, or who for a fee or	902
any manner of compensation arranges or offers to find or arrange	903
for another person to make any such loan, use, or sale of credit.	904
This section does not preclude the acquiring, directly or	905
indirectly, by purchase or discount, of a bona fide obligation for	906
goods or services when such obligation is payable directly to the	907
person who provided the goods or services.	908

Any contract of loan in the making or collection of which an	909
act is done by the lender that violates this section is void and	910
the lender has no right to collect, receive, or retain any	911
principal, interest, or charges.	912

Sec. 1321.15.  (A) No licensee shall knowingly induce or	913
permit any person, jointly or severally, to be obligated, directly	914
or contingently or both, under more than one contract of loan at	915
the same time for the purpose or with the result of obtaining a	916
higher rate of interest or greater charges than would otherwise be	917
permitted upon a single loan made under sections 1321.01 to	918
1321.19 of the Revised Code.	919

(B) No licensee shall charge, contract for, or receive,	920
directly or indirectly, interest and charges greater than such	921
licensee would be permitted to charge, contract for, or receive	922
without a license under sections 1321.01 to 1321.19 of the Revised	923
Code on any part of an indebtedness for one or more than one loan	924
of money if the amount of such indebtedness is in excess of five	925
thousand dollars.	926

(C) For the purpose of the limitations set forth in this	927
section, the amount of any such indebtedness shall be determined	928
by including the entire obligation of any person to the licensee	929
for principal, direct or contingent or both, as borrower,	930
indorser, guarantor, surety for, or otherwise, whether incurred or	931
subsisting under one or more than one contract of loan, except	932
that any contract of indorsement, guaranty, or suretyship that	933
does not obligate the indorser, guarantor, or surety for any	934
charges in excess of eight per cent per annum, is not included in	935
such entire obligation. If a licensee acquires, directly or	936
indirectly, by purchase or discount, bona fide obligations for	937
goods or services owed by the person who received such goods or	938
services to the person who provided such goods or services, then	939
the amount of such purchased or discounted indebtedness to the	940
licensee shall not be included in computing the aggregate	941
indebtedness of such borrower to the licensee for the purpose of	942
the prohibitions set forth in this section.	943

Sec. 1321.21.  All fees, charges, penalties, and forfeitures	944
collected under Chapters 1321., 1322., 4712., 4727., and 4728.,	945
sections 1315.21 to 1315.30, sections 1315.35 to 1315.44, and	946
sections 1349.25 to 1349.37 of the Revised Code shall be paid to	947
the superintendent of financial institutions and shall be	948
deposited by the superintendent into the state treasury to the	949
credit of the consumer finance fund, which is hereby created. The	950
fund may be expended or obligated by the superintendent for the	951
defrayment of the costs of administration of Chapters 1321.,	952
1322., 4712., 4727., and 4728., sections 1315.21 to 1315.30,	953
sections 1315.35 to 1315.44, and sections 1349.25 to 1349.37 of	954
the Revised Code by the division of financial institutions. All	955
actual and necessary expenses incurred by the superintendent,	956
including any services rendered by the department of commerce for	957
the division's administration of Chapters 1321., 1322., 4712.,	958
4727., and 4728., sections 1315.21 to 1315.30, sections 1315.35 to	959
1315.44, and sections 1349.25 to 1349.37 of the Revised Code,	960
shall be paid from the fund. The fund shall be assessed a	961
proportionate share of the administrative costs of the department	962
and the division. The proportionate share of the administrative	963
costs of the division of financial institutions shall be	964
determined in accordance with procedures prescribed by the	965
superintendent and approved by the director of budget and	966
management. Such assessment shall be paid from the consumer	967
finance fund to the division of administration fund or the	968
financial institutions fund.	969

Periodically, in accordance with a schedule the director	970
establishes by rule, but at least once every three months, the	971
director of budget and management shall transfer five per cent of	972
all charges, penalties, and forfeitures received into the consumer	973
finance fund to the financial literacy education fund created	974
under section 121.085 of the Revised Code.	975

Sec. 1321.35.  As used in sections 1321.35 to 1321.48 of the	976
Revised Code:	977

(A) "Short-term loan" means a loan made pursuant to sections	978
1321.35 to 1321.48 of the Revised Code.	979

(B) "Superintendent of financial institutions" includes the	980
deputy superintendent for consumer finance as provided in section	981
1181.21 of the Revised Code.	982

(C) "Interest" means all charges payable directly or	983
indirectly by a borrower to a licensee as a condition to a loan,	984
including fees, loan origination charges, service charges, renewal	985
charges, credit insurance premiums, and any ancillary product	986
sold in connection with a loan made pursuant to sections 1321.35	987
to 1321.48 of the Revised Code.	988

(D) "Annual percentage rate" has the same meaning as in the	989
"Truth in Lending Act," 82 Stat. 149 (1980), 15 U.S.C. 1606, as	990
implemented by regulations of the board of governors of the	991
federal reserve system. All fees and charges shall be included in	992
the computation of the annual percentage rate. Fees and charges	993
for single premium credit insurance and other ancillary products	994
sold in connection with the credit transaction shall be included	995
in the calculation of the annual percentage rate.	996

Sec.  1321.36. (A) No person shall engage in the business of	997
making short-term loans to a borrower in Ohio, or, in whole or in	998
part, make, offer, or broker a loan, or assist a borrower in Ohio	999
to obtain such a loan, without first having obtained a license	1000
from the superintendent of financial institutions under sections	1001
1321.35 to 1321.48 of the Revised Code. No licensee shall make,	1002
offer, or broker a loan, or assist a borrower to obtain such a	1003
loan, when the borrower is not physically present in the	1004
licensee's business location.	1005

(B) No person not located in Ohio shall make a short-term	1006
loan to a borrower in Ohio from an office not located in Ohio.	1007
Nothing in this section prohibits a business not located or	1008
licensed in Ohio from lending funds to Ohio borrowers who	1009
physically visit the out-of-state office of the business and	1010
obtain the disbursement of loan funds at that location. No person	1011
shall make, offer, or broker a loan, or assist a borrower to	1012
obtain a loan, via the telephone, mail, or internet.	1013

Sec.  1321.37.  (A) Application for an original or renewal	1014
license to make short-term loans shall be in writing, under oath,	1015
and in the form prescribed by the superintendent of financial	1016
institutions, and shall contain the name and address of the	1017
applicant, the location where the business of making loans is to	1018
be conducted, and any further information as the superintendent	1019
requires. At the time of making an application for an original	1020
license, the applicant shall pay to the superintendent a	1021
nonrefundable investigation fee of two hundred dollars. No	1022
investigation fee or any portion thereof shall be refunded after	1023
an original license has been issued. The application for an	1024
original or renewal license shall be accompanied by an original	1025
or renewal license fee, for each business location of one	1026
thousand dollars, except that applications for original licenses	1027
issued on or after the first day of July for any year shall be	1028
accompanied by an original license fee of five hundred dollars,	1029
and except that an application for an original or renewal	1030
license, for a nonprofit corporation that is incorporated under	1031
Chapter 1702. of the Revised Code, shall be accompanied by an	1032
original or renewal license fee, for each business location,	1033
that is one-half of the fee otherwise required. All fees paid to	1034
the superintendent pursuant to this division shall be deposited	1035
into the state treasury to the credit of the consumer finance	1036
fund.	1037

(B) Upon the filing of an application for an original license	1038
and, with respect to an application filed for a renewal license,	1039
on a schedule determined by the superintendent by rule adopted	1040
pursuant to section 1321.43 of the Revised Code, and the payment	1041
of fees in accordance with division (A) of this section, the	1042
superintendent shall investigate the facts concerning the	1043
applicant and the requirements provided by this division. The	1044
superintendent shall request the superintendent of the bureau of	1045
criminal identification and investigation, or a vendor approved	1046
by the bureau, to conduct a criminal records check based on the	1047
applicant's fingerprints in accordance with division (A)(12) of	1048
section 109.572 of the Revised Code. Notwithstanding division (K)	1049
of section 121.08 of the Revised Code, the superintendent of	1050
financial institutions shall request that criminal record	1051
information from the federal bureau of investigation be obtained	1052
as part of the criminal records check. The superintendent of	1053
financial institutions shall conduct a civil records check. The	1054
superintendent shall approve an application and issue an original	1055
or renewal license to the applicant if the superintendent finds	1056
all of the following:	1057

(1) The financial responsibility, experience, reputation, and	1058
general fitness of the applicant are such as to warrant the belief	1059
that the business of making loans will be operated lawfully,	1060
honestly, and fairly under sections 1321.35 to 1321.48 of the	1061
Revised Code and within the purposes of those sections; that the	1062
applicant has fully complied with those sections and any rule or	1063
order adopted or issued pursuant to section 1321.43 of the Revised	1064
Code; and that the applicant is qualified to engage in the	1065
business of making loans under sections 1321.35 to 1321.48 of the	1066
Revised Code.	1067

(2) The applicant is financially sound and has a net worth of	1068
not less than one hundred thousand dollars, or in the case of a	1069
nonprofit corporation that is incorporated under Chapter 1702. of	1070
the Revised Code, a net worth of not less than fifty thousand	1071
dollars. The applicant's net worth shall be computed according to	1072
generally accepted accounting principles.	1073

(3) The applicant has never had revoked a license to make	1074
loans under sections 1321.35 to 1321.48 of the Revised Code,	1075
under former sections 1315.35 to 1315.44 of the Revised Code, or	1076
to do business under sections 1315.21 to 1315.30 of the Revised	1077
Code.	1078

(4) Neither the applicant nor any senior officer, or partner	1079
of the applicant, has pleaded guilty to or been convicted of any	1080
criminal offense involving theft, receiving stolen property,	1081
embezzlement, forgery, fraud, passing bad checks, money	1082
laundering, or drug trafficking, or any criminal offense involving	1083
money or securities or any violation of an existing or former law	1084
of this state, any other state, or the United States that	1085
substantially is equivalent to a criminal offense described in	1086
that division. However, if the applicant or any of those other	1087
persons has pleaded guilty to or been convicted of any such	1088
offense other than theft, the superintendent shall not consider	1089
the offense if the applicant has proven to the superintendent, by	1090
a preponderance of the evidence, that the applicant's or other	1091
person's activities and employment record since the conviction	1092
show that the applicant or other person is honest, truthful, and	1093
of good reputation, and there is no basis in fact for believing	1094
that the applicant or other person will commit such an offense	1095
again.	1096

(5) Neither the applicant nor any senior officer, or partner	1097
of the applicant, has been subject to any adverse judgment for	1098
conversion, embezzlement, misappropriation of funds, fraud,	1099
misfeasance or malfeasance, or breach of fiduciary duty, or if the	1100
applicant or any of those other persons has been subject to such a	1101
judgment, the applicant has proven to the superintendent, by a	1102
preponderance of the evidence, that the applicant's or other	1103
person's activities and employment record since the judgment show	1104
that the applicant or other person is honest, truthful, and of	1105
good reputation, and there is no basis in fact for believing that	1106
the applicant or other person will be subject to such a judgment	1107
again.	1108

(C) If the superintendent finds that the applicant does not	1109
meet the requirements of division (B) of this section, or the	1110
superintendent finds that the applicant knowingly or repeatedly	1111
contracts with or employs persons to directly engage in lending	1112
activities who have been convicted of a felony crime listed in	1113
division (B)(5) of this section, the superintendent shall issue	1114
an order denying the application for an original or renewal	1115
license and giving the applicant an opportunity for a hearing on	1116
the denial in accordance with Chapter 119. of the Revised Code.	1117
The superintendent shall notify the applicant of the denial, the	1118
grounds for the denial, and the applicant's opportunity for a	1119
hearing. If the application is denied, the superintendent shall	1120
return the annual license fee but shall retain the investigation	1121
fee.	1122

(D) No person licensed under sections 1321.35 to 1321.48 of	1123
the Revised Code shall conduct business in this state unless the	1124
licensee has obtained and maintains in effect at all times a	1125
corporate surety bond issued by a bonding company or insurance	1126
company authorized to do business in this state. The bond shall be	1127
in favor of the superintendent and in the penal sum of at least	1128
one hundred thousand dollars, or in the case of a nonprofit	1129
corporation that is incorporated under Chapter 1702. of the	1130
Revised Code, in the amount of fifty thousand dollars. The term of	1131
the bond shall coincide with the term of the license. The licensee	1132
shall file a copy of the bond with the superintendent. The bond	1133
shall be for the exclusive benefit of any borrower injured by a	1134
violation by a licensee or any employee of a licensee, of any	1135
provision of sections 1321.35 to 1321.48 of the Revised Code.	1136

Sec. 1321.38.  (A) A license issued by the superintendent of	1137
financial institutions pursuant to sections 1321.35 to 1321.48 of	1138
the Revised Code shall state the address at which the business of	1139
making loans is to be conducted and shall state the full name of	1140
the business. Each license issued shall be conspicuously posted in	1141
the place of business and is not transferable or assignable.	1142

(B)(1) Not more than one place of business shall be	1143
maintained under the same license issued under sections 1321.35 to	1144
1321.48 of the Revised Code, but the superintendent may issue	1145
additional licenses to the same applicant upon compliance with	1146
those sections.	1147

(2) No change in the place of business of a licensee to a	1148
location outside the original municipal corporation shall be	1149
permitted under the same license. When a licensee wishes to change	1150
its place of business within the same municipal corporation,	1151
written notice thereof shall be given in advance to the	1152
superintendent who shall provide without cost a license pursuant	1153
to sections 1321.35 to 1321.48 of the Revised Code for the new	1154
address.	1155

Sec. 1321.39.  A licensee under sections 1321.35 to 1321.48	1156
of the Revised Code may engage in the business of making loans	1157
provided that each loan meets all of the following conditions:	1158

(A) The total amount of the loan does not exceed five hundred	1159
dollars.	1160

(B) The duration of the loan, as specified in the loan	1161
contract required under division (C) of this section, is not less	1162
than thirty-one days.	1163

(C) The loan is made pursuant to a written loan contract that	1164
sets forth the terms and conditions of the loan. A copy of the	1165
loan contract shall be provided to the borrower. The loan contract	1166
shall disclose in a clear and concise manner all of the	1167
following:	1168

(1) The total amount of fees and charges the borrower will	1169
be required to pay in connection with the loan pursuant to the	1170
loan contract;	1171

(2) The total amount of each payment, when each payment is	1172
due, and the total number of payments that the borrower will be	1173
required to make under the loan contract;	1174

(3) A statement, printed in boldface type of the minimum	1175
size of ten points, as follows: "WARNING: The cost of this loan is	1176
higher than the average cost charged by financial institutions on	1177
substantially similar loans."	1178

(4) A statement, printed in a minimum font size of ten	1179
points, which informs the borrower that complaints regarding the	1180
loan or lender may be submitted to the department of commerce	1181
division of financial institutions and includes the correct	1182
telephone number and mailing address for the department;	1183

(5) Any disclosures required under the "Truth in Lending	1184
Act," 82 Stat. 146 (1974), 15 U.S.C. 1601, et seq.;	1185

(6) The rate of interest contracted for under the loan	1186
contract as an annual percentage rate based on the sum of the	1187
principal of the loan and the loan origination fee, check	1188
collection charge, and all other fees or charges contracted for	1189
under the loan contract.	1190

(D) The loan contract includes a provision that offers the	1191
borrower an optional extended payment plan that may be invoked by	1192
the borrower at any time before the maturity date of the loan. To	1193
invoke the extended payment plan, the borrower shall return to	1194
the office where the loan was made and sign an amendment to the	1195
original loan agreement reflecting the extended terms of the	1196
loan. The extended payment plan shall allow the borrower to repay	1197
the balance by not less than sixty days from the original maturity	1198
date. No additional fees or charges may be applied to the loan	1199
upon the borrower entering the extended payment plan. The person	1200
originating the loan for the licensee shall identify verbally to	1201
the borrower the contract provision regarding the extended	1202
payment plan, and the borrower shall verify that the provision	1203
has been identified by initialing the contract adjacent to the	1204
provision.	1205

Sec. 1321.40.  A person licensed pursuant to sections	1206
1321.35 to 1321.48 of the Revised Code may charge, collect, and	1207
receive the following fees and charges in connection with a	1208
short-term loan:	1209

(A) Interest calculated in compliance with 15 U.S.C. 1606,	1210
and not exceeding an annual percentage rate greater than	1211
twenty-eight per cent;	1212

(B) One check collection charge per loan not exceeding an	1213
amount equal to twenty dollars plus any amount passed on from	1214
other financial institutions for each check, negotiable order of	1215
withdrawal, share draft, or other negotiable instrument returned	1216
or dishonored for any reason, provided that the terms and	1217
conditions upon which check collection charges will be charged to	1218
the borrower are set forth in the written loan contract described	1219
in division (C) of section 1321.39 of the Revised Code;	1220

(C) Damages, costs, and disbursements to which the licensee	1221
may become entitled to by law in connection with any civil action	1222
to collect a loan after default.	1223

Sec. 1321.41.  No person licensed pursuant to sections	1224
1321.35 to 1321.48 of the Revised Code shall do any of the	1225
following:	1226

(A) Violate section 1321.36 of the Revised Code;

1227

(B) Make a loan that does not comply with section 1321.39 of	1228
the Revised Code;	1229

(C) Charge, collect, or receive, directly or indirectly, any	1230
additional fees, interest, or charges in connection with a loan,	1231
other than fees and charges permitted by section 1321.40 of the	1232
Revised Code and costs or disbursements to which the licensee	1233
may become entitled to by law in connection with any civil	1234
action to collect a loan after default;	1235

(D) Collect treble damages pursuant to division (A)(1)(b)(ii)	1236
of section 2307.61 of the Revised Code in connection with any	1237
civil action to collect a loan after a default due to a check,	1238
negotiable order of withdrawal, share draft, or other negotiable	1239
instrument that was returned or dishonored for insufficient funds;	1240

(E) Make a short-term loan to a borrower if there exists an	1241
outstanding loan between the licensee and that borrower, if a	1242
loan between any licensee and that borrower was terminated on the	1243
same business day, if the borrower has more than one outstanding	1244
loan, if the loan would obligate the borrower to repay a total	1245
amount of more than five hundred dollars to licensees, or indebt	1246
the borrower, to licensees, for an amount that is more than	1247
twenty-five per cent of the borrowers gross monthly salary not	1248
including bonus, overtime, or other such compensation, based on a	1249
payroll verification statement presented by the borrower;	1250

(F) Bring or threaten to bring an action or complaint against	1251
the borrower for the borrower's failure to comply with the terms	1252
of the loan contract solely due to the check, negotiable order of	1253
withdrawal, share draft, or negotiable instrument being returned	1254
or dishonored for insufficient funds. Nothing herein prohibits	1255
such conduct, action, or complaint if the borrower has	1256
intentionally engaged in fraud by, including but not limited to,	1257
closing or using any closed or false account to evade payment;	1258

(G) Make a short-term loan to a borrower for purposes of	1259
retiring an existing short-term loan between any licensee and	1260
that borrower;	1261

(H) Require the borrower to waive the borrower's right to	1262
legal recourse under any otherwise applicable provision of state	1263
or federal law;	1264

(I) Accept the title of a vehicle, real property, physical	1265
assets, or other collateral as security for the obligation;	1266

(J) Engage in any device or subterfuge to evade the	1267
requirements of sections 1321.35 to 1321.48 of the Revised Code	1268
including assisting a borrower to obtain a loan on terms that	1269
would be prohibited by sections 1321.35 to 1321.48 of the Revised	1270
Code, making loans disguised as personal property sales and	1271
leaseback transactions, or disguising loan proceeds as cash	1272
rebates for the pretextual installment sale of goods or services;	1273

(K) Assess or charge a borrower a fee for prepaying the loan	1274
in full prior to the maturity date;	1275

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

1276

(M) Recommend to a borrower that the borrower obtain a loan	1277
for a dollar amount that is higher than the borrower has	1278
requested;	1279

(N) Make a loan to a borrower that has received two loans	1280
within the previous ninety days from licensees, unless the	1281
borrower has completed during that period a financial literacy	1282
program approved by the superintendent;	1283

(O) Draft funds electronically from any depository financial	1284
institution in this state, or bill any credit card issued by such	1285
an institution. Nothing in this division shall prohibit the	1286
conversion of a negotiable instrument into an electronic form for	1287
processing through the automated clearing house system.	1288

(P) Make, publish, or otherwise disseminate, directly or	1289
indirectly, any misleading or false advertisement, or engage in	1290
any other deceptive trade practice;	1291

(Q) Offer any incentive to a borrower in exchange for the	1292
borrower taking out multiple loans over any period of time, or	1293
provide a short-term loan at no charge or at a discounted charge	1294
as compensation for any previous or future business.	1295

(R) Make a loan to a borrower if the borrower has received a	1296
total of four or more loans, from licensees, in the calendar year.	1297

(S) Present a check, negotiable order of withdrawal, share	1298
draft, or other negotiable instrument, that has been previously	1299
presented by the licensee and subsequently returned or dishonored	1300
for any reason, without prior written approval from the borrower.	1301

(T) Change the check number, or in any other way alter a	1302
check, negotiable order of withdrawal, or share draft, prior to	1303
submitting such check, negotiable order of withdrawal, or share	1304
draft for processing through the automated clearing house system,	1305
or submit false information about any check, negotiable order of	1306
withdrawal, or share draft to the automated clearing house system.	1307

Sec. 1321.42.  (A) The superintendent of financial	1308
institutions shall, in accordance with Chapter 119. of the Revised	1309
Code, suspend or revoke a license issued pursuant to sections	1310
1321.35 to 1321.48 of the Revised Code, if the superintendent	1311
determines that either of the following applies:	1312

(1) The licensee has failed to comply with any order issued	1313
by the superintendent pursuant to section 1321.43 of the Revised	1314
Code.	1315

(2) Any fact or condition exists that if it had existed or	1316
had been known to exist at the time of original or renewal	1317
licensure pursuant to sections 1321.35 to 1321.48 of the Revised	1318
Code, the fact or condition clearly would have warranted the	1319
superintendent to refuse to issue a license pursuant to those	1320
sections.	1321

(B) The superintendent may make any investigation and	1322
conduct any hearing the superintendent considers necessary to	1323
determine whether any person has violated sections 1321.35 to	1324
1321.48 of the Revised Code, or any rule or order adopted or	1325
issued under section 1321.43 of the Revised Code, or has otherwise	1326
engaged in conduct that would justify the suspension, revocation,	1327
or refusal of an original or renewal license or the imposition of	1328
a fine.	1329

The superintendent may impose a monetary fine of not more	1330
than one thousand dollars for each such violation.	1331

(C) In making any investigation or conducting any hearing	1332
pursuant to this section, the superintendent, or any person	1333
designated by the superintendent, at any time may compel by	1334
subpoena witnesses, may take depositions of witnesses residing	1335
without the state in the manner provided for in civil actions, pay	1336
any witnesses the fees and mileage for their attendance provided	1337
for witnesses in civil actions, and administer oaths. The	1338
superintendent also may compel by order or subpoena duces tecum	1339
the production of, and examine, all relevant books, records,	1340
accounts, and other documents. If a person does not comply with a	1341
subpoena or subpoena duces tecum, the superintendent may apply to	1342
the court of common pleas of Franklin county for an order	1343
compelling the person to comply with the subpoena or subpoena	1344
duces tecum or, for failure to do so, an order to be held in	1345
contempt of court.	1346

(D) In connection with any investigation under this section,	1347
the superintendent may file an action in the court of common pleas	1348
of Franklin county or the court of common pleas of the county in	1349
which the person who is the subject of the investigation resides,	1350
or is engaging in or proposing to engage in actions in violation	1351
of sections 1321.35 to 1321.48 of the Revised Code, to obtain an	1352
injunction, temporary restraining order, or other appropriate	1353
relief.	1354

Sec. 1321.421. As often as the superintendent considers it	1355
necessary, the superintendent may examine the records of a	1356
licensee, but in any case, the superintendent shall examine the	1357
records of a licensee at least annually.	1358

Sec. 1321.422. (A) Every licensee shall keep and use in the	1359
licensee's business such books, accounts, records, and loan	1360
documents as will enable the division of financial institutions	1361
to determine whether the licensee is complying with sections	1362
1321.35 to 1321.48 of the Revised Code and with the orders and	1363
rules made by the division under those sections. Such books,	1364
accounts, records, and loan documents shall be segregated from	1365
those pertaining to transactions that are not subject to sections	1366
1321.35 to 1321.48 of the Revised Code. Every licensee shall	1367
preserve the books, accounts, records, and loan documents	1368
pertaining to loans made under sections 1321.35 to 1321.48 of the	1369
Revised Code for at least two years after making the final entry	1370
on, or final revision of any loan document relative to, any loan	1371
recorded therein. Accounting systems maintained in whole or in	1372
part by mechanical or electronic data processing methods that	1373
provide information equivalent to that otherwise required are	1374
acceptable for this purpose.	1375

(B)(1) As required by the superintendent of financial	1376
institutions, each licensee shall file with the division each year	1377
a report under oath or affirmation, on forms supplied by the	1378
division, concerning the business and operation for the preceding	1379
calendar year. If a licensee has more than one place of business	1380
in this state, the licensee shall furnish a report for each	1381
location.	1382

(2) The division shall publish annually an analysis of the	1383
information required under division (B)(1) of this section, but	1384
the individual reports shall not be public records and shall not	1385
be open to public inspection.	1386

Sec. 1321.43.  The superintendent of financial institutions,	1387
in accordance with Chapter 119. of the Revised Code, may adopt	1388
rules and issue specific orders to enforce and carry out the	1389
purposes of sections 1321.35 to 1321.48 of the Revised Code. The	1390
superintendent shall issue a rule defining "senior officer" for	1391
the purpose of section 1321.37 of the Revised Code. The	1392
superintendent may adopt, amend, and repeal substantive rules	1393
defining with reasonable specificity acts or practices that	1394
violate section 1321.45 of the Revised Code.	1395

Sec. 1321.44. (A) A violation of section 1321.41 of the	1396
Revised Code is deemed an unfair or deceptive act or practice in	1397
violation of section 1345.02 of the Revised Code. A borrower	1398
injured by a violation of section 1321.41 of the Revised Code	1399
shall have a cause of action and be entitled to the same relief	1400
available to a consumer under section 1345.09 of the Revised Code,	1401
and all powers and remedies available to the attorney general to	1402
enforce sections 1345.01 to 1345.13 of the Revised Code are	1403
available to the attorney general to enforce section 1321.41 of	1404
the Revised Code.	1405

(B) The superintendent of financial institutions or a	1406
borrower may bring directly an action to enjoin a violation of	1407
sections 1321.35 to 1321.48 of the Revised Code. The prosecuting	1408
attorney of the county in which the action may be brought may	1409
bring an action to enjoin a violation of sections 1321.35 to	1410
1321.48 of the Revised Code only if the prosecuting attorney first	1411
presents any evidence of the violation to the attorney general	1412
and, within a reasonable period of time, the attorney general has	1413
not agreed to bring the action.	1414

(C) The superintendent may initiate criminal proceedings	1415
under sections 1321.35 to 1321.48 of the Revised Code by	1416
presenting any evidence of criminal violation to the prosecuting	1417
attorney of the county in which the offense may be prosecuted. If	1418
the prosecuting attorney does not prosecute the violations, or at	1419
the request of the prosecuting attorney, the superintendent shall	1420
present any evidence of criminal violations to the attorney	1421
general, who may proceed in the prosecution with all the rights,	1422
privileges, and powers conferred by law on prosecuting attorneys,	1423
including the power to appear before grand juries and to	1424
interrogate witnesses before such grand juries. These powers of	1425
the attorney general are in addition to any other applicable	1426
powers of the attorney general.	1427

(D) The prosecuting attorney of the county in which an	1428
alleged offense may be prosecuted may initiate criminal	1429
proceedings under sections 1321.35 to 1321.48 of the Revised Code.	1430

(E) In order to initiate criminal proceedings under sections	1431
1321.35 to 1321.48 of the Revised Code, the attorney general first	1432
shall present any evidence of criminal violations to the	1433
prosecuting attorney of the county in which the alleged offense	1434
may be prosecuted. If, within a reasonable period of time, the	1435
prosecuting attorney has not agreed to prosecute the violations,	1436
the attorney general may proceed in the prosecution with all the	1437
rights, privileges, and powers described in division (B) of this	1438
section.	1439

(F) When a judgment under this section becomes final, the	1440
clerk of court shall mail a copy of the judgment, including	1441
supporting opinions, to the superintendent.	1442

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

1443

(1) "Debt collector" means a licensee, officer, employee, or	1444
agent of a licensee, or any person acting as a debt collector for	1445
a licensee, or any person while serving or attempting to serve	1446
legal process on any other person in connection with the judicial	1447
enforcement of any debt resulting from a short-term loan made by a	1448
licensee.	1449

(2) "Borrower" means a person who has an outstanding or	1450
delinquent short-term loan. For the purpose of this section, the	1451
term "borrower" includes the borrower's spouse, parent, if the	1452
borrower is a minor, guardian, executor, or administrator.	1453

(3) "Communication" means the conveying of information	1454
regarding a debt directly or indirectly to any person through any	1455
medium.	1456

(4) "Consumer reporting agency" means any person that, for	1457
monetary fees, dues, or on a cooperative nonprofit basis,	1458
regularly engages in whole or in part in the practice of	1459
assembling or evaluating consumer credit information or other	1460
information on consumers for the purpose of furnishing consumer	1461
reports to third parties and that uses any means or facility for	1462
the purpose of preparing or furnishing consumer reports.	1463

(5) "Location information" means a consumer's residence,	1464
telephone number, or place of employment.	1465

(B) When communicating with any person other than the	1466
borrower for the purpose of acquiring location information about	1467
the borrower, the debt collector shall identify self, state that	1468
the purpose for the communication is to confirm or correct	1469
location information concerning a person, and, only if expressly	1470
requested, identify the debt collector's employer. The debt	1471
collector shall not do any of the following:	1472

(1) State that the person for whom location information is	1473
being sought is a borrower or owes any debt;	1474

(2) Communicate with any person more than once unless	1475
requested to do so by such person or unless the debt collector	1476
reasonably believes that the earlier response of such person is	1477
erroneous or incomplete and that such person now has correct or	1478
complete location information;	1479

(3) Communicate by post card;

1480

(4) Use any language or symbol on any envelope or in the	1481
contents of any communication effected by the mails or telegram	1482
that indicates that the communication relates to the collection of	1483
a debt;	1484

(5) After the debt collector knows the borrower is	1485
represented by an attorney with regard to the subject debt and has	1486
knowledge of, or can readily ascertain, such attorney's name and	1487
address, not communicate with any person other than that attorney,	1488
unless the attorney fails to respond within a reasonable period of	1489
time to communication from the debt collector.	1490

(C) A debt collector, without the prior consent of the	1491
borrower given directly to the debt collector or without the	1492
express permission of a court of competent jurisdiction, may not	1493
communicate with a borrower in connection with the collection of	1494
any debt:	1495

(1) At any unusual time or place or a time or place known or	1496
which should be known to be inconvenient to the borrower. In the	1497
absence of knowledge of circumstances to the contrary, a debt	1498
collector shall assume that the convenient time for communicating	1499
with a borrower is after eight a.m. eastern standard time and	1500
before nine p.m. eastern standard time at the borrower's location.	1501

(2) If the debt collector knows the borrower is represented	1502
by an attorney with respect to such debt and has knowledge of, or	1503
can readily ascertain, such attorney's name and address, unless	1504
the attorney fails to respond within a reasonable period of time	1505
to a communication from the debt collector or unless the attorney	1506
consents to direct communication with the borrower;	1507

(3) At the borrower's place of employment if the debt	1508
collector knows or has reason to know that the borrower's employer	1509
prohibits the borrower from receiving such communication.	1510

(D) A debt collector, when communicating with a third party	1511
without the prior consent of the borrower given directly to the	1512
debt collector, or without the express permission of a court of	1513
competent jurisdiction, or as reasonably necessary to effectuate a	1514
postjudgment judicial remedy, may not communicate, in connection	1515
with the collection of any debt, with any person other than the	1516
borrower, the borrower's attorney, a consumer reporting agency if	1517
otherwise permitted by law, or the attorney of the debt collector.	1518

(E) If a borrower provides written notification, to a person	1519
licensed under section 1321.35 to 1321.48 of the Revised Code or a	1520
debt collector, that the borrower refuses to pay a debt or that	1521
the borrower wishes the debt collector to cease further	1522
communication with the borrower, the debt collector shall not	1523
communicate further with the borrower with respect to such debt,	1524
except:	1525

(1) To advise the borrower that the debt collector's further	1526
efforts are being terminated;	1527

(2) To notify the borrower that the debt collector or	1528
licensee may invoke specified remedies that are ordinarily invoked	1529
by such debt collector or licensee;	1530

(3) Where applicable, to notify the borrower that the debt	1531
collector or licensee intends to invoke a specified remedy. If	1532
such notice from the borrower is made by mail, notification shall	1533
be complete upon receipt.	1534

(F) A debt collector may not engage in any conduct the	1535
natural consequence of which is to harass, oppress, or abuse any	1536
person in connection with the collection of a debt, including, but	1537
not limited to, any of the following:	1538

(1) Using or threatening to use violence or other criminal	1539
means to harm the physical person, reputation, or property of any	1540
person;	1541

(2) Using obscene or profane language or language the natural	1542
consequence of which is to abuse the hearer or reader;	1543

(3) Publication of a list of borrowers who allegedly refuse	1544
to pay debts, except to a consumer-reporting agency;	1545

(4) Causing a telephone to ring or engaging any person in	1546
telephone conversation repeatedly or continuously with intent to	1547
annoy, abuse, or harass any person at the called number.	1548

(G) A debt collector may not use any false, deceptive, or	1549
misleading representation or means in connection with the	1550
collection of any debt, including, but not limited to, any of the	1551
following:	1552

(1) Falsely representing or implying that the debt collector	1553
is vouched for, bonded by, or affiliated with the United States or	1554
any state, including the use of any badge, uniform, or facsimile	1555
thereof;	1556

(2) Falsely representing the character, amount, or legal	1557
status of any debt, or any services rendered, or compensation	1558
which may be lawfully received by any debt collector for the	1559
collection of a debt;	1560

(3) Falsely representing or implying that any individual is	1561
an attorney or that any communication is from an attorney;	1562

(4) Representing or implying that nonpayment of any debt will	1563
result in the arrest or imprisonment of any person or the seizure,	1564
garnishment, attachment, or sale of any property or wages of any	1565
person unless such action is lawful and the debt collector intends	1566
to take such action;	1567

(5) Threatening to take any action that cannot legally be	1568
taken or that is not intended to be taken;	1569

(6) Falsely representing or implying that a sale, referral,	1570
or other transfer of any interest in a debt shall cause the	1571
borrower to lose any claim or defense to payment of the debt;	1572

(7) Falsely representing or implying that the borrower	1573
committed any crime or other conduct in order to disgrace the	1574
borrower;	1575

(8) Communicating or threatening to communicate to any person	1576
credit information that is known or that should be known to be	1577
false, including the failure to communicate that a disputed debt	1578
is disputed;	1579

(9) Using or distributing any written communication that	1580
simulates or is falsely represented to be a document authorized,	1581
issued, or approved by any court, official, or agency of the	1582
United States or any state, or that creates a false impression as	1583
to its source, authorization, or approval;	1584

(10) Using any false representation or deceptive means to	1585
collect or attempt to collect any debt or to obtain information	1586
concerning a borrower;	1587

(11) Failing to disclose in the initial written communication	1588
with the borrower, and in addition, if the initial communication	1589
with the borrower is oral, in that initial oral communication,	1590
that the debt collector is attempting to collect a debt and that	1591
any information obtained will be used for that purpose, and the	1592
failure to disclose in subsequent communications that the	1593
communication is from a debt collector, except that division	1594
(G)(11) of this section shall not apply to a formal pleading made	1595
in connection with a legal action;	1596

(12) Falsely representing or implying that accounts have been	1597
turned over to innocent purchasers for value;	1598

(13) Falsely representing or implying that documents are	1599
legal process;	1600

(14) Using any business, company, or organization name other	1601
than the true name of the debt collector's business, company, or	1602
organization;	1603

(15) Falsely representing or implying that documents are not	1604
legal process forms or do not require action by the consumer;	1605

(16) Falsely representing or implying that a debt collector	1606
operates or is employed by a consumer reporting agency.	1607

(H) A debt collector may not use unfair or unconscionable	1608
means to collect or attempt to collect any debt, including, but	1609
not limited to, any of the following:	1610

(1) Collecting any amount, including any interest, fee,	1611
charge, or expense incidental to the principal obligation, unless	1612
the amount is expressly authorized by the agreement creating the	1613
debt or permitted by law;	1614

(2) Accepting from any person a check or other payment	1615
instrument postdated by more than five days unless the person is	1616
notified in writing of the debt collector's intent to deposit the	1617
check or instrument not more than ten nor less than three business	1618
days prior to deposit;	1619

(3) Soliciting any postdated check or other postdated payment	1620
instrument for the purpose of threatening or instituting criminal	1621
prosecution;	1622

(4) Depositing or threatening to deposit any postdated check	1623
or other postdated payment instrument prior to the date on the	1624
check or instrument;	1625

(5) Causing charges to be made to any person for	1626
communications by concealment of the true purpose of the	1627
communication. The charges include, but are not limited to,	1628
collect telephone calls and telegram fees;	1629

(6) Taking or threatening to take any nonjudicial action to	1630
effect dispossession or disablement of property if there is no	1631
present right to possession of the property claimed as collateral	1632
through an enforceable security interest, there is no present	1633
intention to take possession of the property, or the property is	1634
exempt by law from dispossession or disablement;	1635

(7) Communicating with a borrower regarding a debt by post	1636
card;	1637

(8) Using any language or symbol, other than the debt	1638
collector's address, on any envelope when communicating with a	1639
borrower by use of the mails or by telegram, except that a debt	1640
collector may use the collector's business name if the name does	1641
not indicate that the collector is in the debt collection	1642
business;	1643

(9) Designing, compiling, and furnishing any form knowing	1644
that the form would be used to create the false belief in a	1645
borrower that a person other than the licensee is participating in	1646
the collection of or in an attempt to collect a debt the borrower	1647
allegedly owes the creditor, when in fact the person is not so	1648
participating.	1649

(I) In addition to the requirements of this section, a debt	1650
collector shall follow the practices set forth in the federal	1651
"Fair Debt Collection Practices Act," 91 Stat. 874 (1977),	1652
sections 15 U.S.C. 1692b, 15 U.S.C. 1692c, 15 U.S.C. 1692d, 15	1653
U.S.C. 1692e, and 15 U.S.C. 1692f, as those sections of federal	1654
law exist on the effective date of this section. In the event of a	1655
conflict between described practices in the federal act and	1656
described practices in this section, this section shall prevail.	1657

Sec. 1321.46. (A) If more than four hundred persons are	1658
licensed under sections 1321.35 to 1321.48 of the Revised Code	1659
at any point after September 1, 2009, the superintendent of	1660
financial institutions shall develop and make a statewide	1661
common database, as implemented by the superintendent,	1662
accessible at all times to persons licensed under sections	1663
1321.35 to 1321.48 of the Revised Code and to the superintendent	1664
through an internet connection. Licensees shall use the database	1665
to determine if a borrower is eligible for a loan. Licensees	1666
shall submit the required data in a format as the	1667
superintendent prescribes by rule, and verify eligibility	1668
before entering into each loan transaction.	1669

(B) If a statewide common database is developed pursuant to	1670
division (A) of this section, the superintendent shall adopt rules	1671
to administer and enforce this section and to ensure that the	1672
database is used by licensees in accordance with this section,	1673
including:	1674

(1) A rule requiring that data are retained in the database	1675
only as required to ensure licensee compliance with this section;	1676

(2) A rule requiring that identifying borrower information is	1677
deleted from the database on a regular and routine basis, twelve	1678
months after the transaction is closed;	1679

(3) A rule authorizing the archiving of deleted data, should	1680
the superintendent determine that archiving is necessary for the	1681
enforcement of this section;	1682

(4) A rule prohibiting the database from ranking the credit	1683
worthiness of a borrower and limiting the database so that it may	1684
only be used to determine a borrower's eligibility or	1685
ineligibility for a loan based on the provisions of this chapter;	1686

(5) A rule requiring that data collected pursuant to this	1687
section be used only as prescribed in this section and for no	1688
other purpose;	1689

(6) A rule authorizing the database operator to impose a per	1690
transaction fee to be paid by the licensee for data required to	1691
be submitted;	1692

(7) A rule prohibiting the database operator from including,	1693
in the database, the social security number of any borrower.	1694

(C) The database operator, whether the superintendent or a	1695
third party selected by the superintendent pursuant to Chapter	1696
125. of the Revised Code, shall do all of the following:	1697

(1) Establish and maintain a process for responding to	1698
transaction verification requests due to technical difficulties	1699
with the database that prevent the licensee from accessing the	1700
database through the internet;	1701

(2) Provide accurate and secure receipt, transmission, and	1702
storage of borrower data;	1703

(3) Designate a transaction as closed within one business day	1704
of receiving notification from a licensee;	1705

(4) Take all reasonable measures to ensure the	1706
confidentiality of the database and to prevent identity theft.	1707

(D) A licensee may rely on the information contained in the	1708
database as accurate and is not subject to any administrative	1709
penalty or civil liability as a result of relying on inaccurate	1710
information contained in the database.	1711

(E) With respect to the database prescribed in division (A)	1712
of this section, any information submitted for incorporation into	1713
the database, information in the database itself, or archived	1714
information as maintained by the superintendent pursuant to this	1715
section is not a public record under section 149.43 of the Revised	1716
Code.	1717

(F) If approved by the superintendent, the database operator	1718
may impose a per transaction fee for the actual costs of entering,	1719
accessing, and maintaining data in the database. The fee shall be	1720
payable to the database operator in a manner prescribed by the	1721
superintendent. A licensee may not charge a customer all or part	1722
of the fee.	1723

Sec. 1321.461. (A) If a statewide common database is not	1724
developed under section 1321.46 of the Revised Code, each licensee	1725
shall subscribe to, report to, and use an electronic database	1726
tracking service that permits the licensee to determine whether	1727
the borrower has an outstanding unpaid check or debit	1728
authorization that is, or reasonably appears to be, connected to a	1729
short-term loan. In the absence of an electronic database tracking	1730
service, each licensee shall require a borrower to sign a written	1731
declaration confirming that, pursuant to section 1321.41 of the	1732
Revised Code, the borrower is eligible to receive a loan.	1733

(B) The records of a licensee and any electronic database	1734
tracking service shall be subject to review and examination by the	1735
division of financial institutions to determine whether the	1736
licensee is complying with this section and other applicable	1737
provisions of sections 1321.35 to 1321.48 of the Revised Code.	1738

Sec. 1321.47. (A) A person licensed, and any person required	1739
to be licensed under sections 1321.35 to 1321.48 of the Revised	1740
Code, in addition to duties imposed by other statutes or common	1741
law, shall do all of the following:	1742

(1) Follow reasonable and lawful instructions from the	1743
borrower;	1744

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

1745

(3) Act in good faith and fair dealing in any transaction or	1746
practice or course of business in connection with a short-term	1747
loan.	1748

(B) The duties and standards of care created in this section	1749
may not be waived or modified.	1750

(C) A borrower injured by a violation of this section may	1751
bring an action for recovery of damages. Damages awarded shall not	1752
be less than all compensation paid directly or indirectly to a	1753
licensee from any source, plus reasonable attorney's fees and	1754
court costs. The borrower may be awarded punitive damages.	1755

Sec. 1321.48. (A) The superintendent of financial	1756
institutions shall report semiannually to the governor and the	1757
general assembly on the operations of the division of financial	1758
institutions with respect to the following:	1759

(1) Enforcement actions instituted by the superintendent for	1760
a violation of or failure to comply with any provision of sections	1761
1321.35 to 1321.48 of the Revised Code, and the final dispositions	1762
of each such enforcement action;	1763

(2) Suspensions, revocations, or refusals to issue or renew	1764
licenses under sections 1321.35 to 1321.48 of the Revised Code.	1765

(B) The information required under divisions (A)(1) and (2)	1766
of this section does not include information that, pursuant to	1767
division (C) of this section, is confidential.	1768

(C) The following information is confidential:

1769

(1) Examination information, and any information leading to	1770
or arising from an examination;	1771

(2) Investigation information, and any information arising	1772
from or leading to an investigation.	1773

(D) The information described in division (A)(1) of this	1774
section shall remain confidential for all purposes except when it	1775
is necessary for the superintendent to take official action	1776
regarding the affairs of a licensee, or in connection with	1777
criminal or civil proceedings to be initiated by a prosecuting	1778
attorney or the attorney general. This information also may be	1779
introduced into evidence or disclosed when, and in the manner,	1780
authorized by section 1181.25 of the Revised Code.	1781

(E) All application information, except social security	1782
numbers, employer identification numbers, financial account	1783
numbers, the identity of the institution where financial accounts	1784
are maintained, personal financial information, fingerprint cards	1785
and the information contained on such cards, and criminal	1786
background information, is a public record as defined in section	1787
149.43 of the Revised Code.	1788

(F) This section does not prevent the division from releasing	1789
information relating to licensees to the attorney general for	1790
purposes of that office's administration of Chapter 1345. of the	1791
Revised Code. Information the division releases to the attorney	1792
general pursuant to this section remains privileged and	1793
confidential, and the attorney general may not disclose the	1794
information except by introduction into evidence in connection	1795
with the attorney general's administration of Chapter 1345. of the	1796
Revised Code or as authorized by the superintendent.	1797

Sec. 1321.99.  (A) Whoever violates section 1321.02 of the	1798
Revised Code is guilty of a felony of the fifth degree.	1799

(B) Whoever violates section 1321.13 of the Revised Code	1800
shall be fined not less than one hundred nor more than five	1801
hundred dollars or imprisoned not more than six months, or both.	1802

(C) Whoever violates section 1321.14 of the Revised Code	1803
shall be fined not less than fifty nor more than two hundred	1804
dollars for a first offense; for a second offense such person	1805
shall be fined not less than two hundred nor more than five	1806
hundred dollars and imprisoned for not more than six months.	1807

(D) Whoever willfully violates section 1321.57, 1321.58,	1808
1321.59, or 1321.60 of the Revised Code shall be fined not less	1809
than one nor more than five hundred dollars.	1810

(E) Whoever violates section 1321.52 of the Revised Code is	1811
guilty of a felony of the fifth degree.	1812

(F) Whoever violates division (A) of section 1321.73 of the	1813
Revised Code shall be fined not more than five hundred dollars or	1814
imprisoned not more than six months, or both.	1815

(G) Whoever violates section 1321.41 of the Revised Code is	1816
guilty of a misdemeanor of the first degree.	1817

Sec. 1345.01.  As used in sections 1345.01 to 1345.13 of the	1818
Revised Code:	1819

(A) "Consumer transaction" means a sale, lease, assignment,	1820
award by chance, or other transfer of an item of goods, a service,	1821
a franchise, or an intangible, to an individual for purposes that	1822
are primarily personal, family, or household, or solicitation to	1823
supply any of these things. "Consumer transaction" does not	1824
include transactions between persons, defined in sections 4905.03	1825
and 5725.01 of the Revised Code, and their customers, except for	1826
transactions involving a loan made pursuant to sections 1321.35 to	1827
1321.48 of the Revised Code and transactions in connection with	1828
residential mortgages between loan officers, mortgage brokers, or	1829
nonbank mortgage lenders and their customers; transactions between	1830
certified public accountants or public accountants and their	1831
clients; transactions between attorneys, physicians, or dentists	1832
and their clients or patients; and transactions between	1833
veterinarians and their patients that pertain to medical treatment	1834
but not ancillary services.	1835

(B) "Person" includes an individual, corporation, government,	1836
governmental subdivision or agency, business trust, estate, trust,	1837
partnership, association, cooperative, or other legal entity.	1838

(C) "Supplier" means a seller, lessor, assignor, franchisor,	1839
or other person engaged in the business of effecting or soliciting	1840
consumer transactions, whether or not the person deals directly	1841
with the consumer. If the consumer transaction is in connection	1842
with a residential mortgage, "supplier" does not include an	1843
assignee or purchaser of the loan for value, except as otherwise	1844
provided in section 1345.091 of the Revised Code. For purposes of	1845
this division, in a consumer transaction in connection with a	1846
residential mortgage, "seller" means a loan officer, mortgage	1847
broker, or nonbank mortgage lender.	1848

(D) "Consumer" means a person who engages in a consumer	1849
transaction with a supplier.	1850

(E) "Knowledge" means actual awareness, but such actual	1851
awareness may be inferred where objective manifestations indicate	1852
that the individual involved acted with such awareness.	1853

(F) "Natural gas service" means the sale of natural gas,	1854
exclusive of any distribution or ancillary service.	1855

(G) "Public telecommunications service" means the	1856
transmission by electromagnetic or other means, other than by a	1857
telephone company as defined in section 4927.01 of the Revised	1858
Code, of signs, signals, writings, images, sounds, messages, or	1859
data originating in this state regardless of actual call routing.	1860
"Public telecommunications service" excludes a system, including	1861
its construction, maintenance, or operation, for the provision of	1862
telecommunications service, or any portion of such service, by any	1863
entity for the sole and exclusive use of that entity, its parent,	1864
a subsidiary, or an affiliated entity, and not for resale,	1865
directly or indirectly; the provision of terminal equipment used	1866
to originate telecommunications service; broadcast transmission by	1867
radio, television, or satellite broadcast stations regulated by	1868
the federal government; or cable television service.	1869

(H) "Loan officer" has the same meaning as in section 1322.01	1870
of the Revised Code, except that it does not include an employee	1871
of a bank, savings bank, savings and loan association, credit	1872
union, or credit union service organization organized under the	1873
laws of this state, another state, or the United States; an	1874
employee of a subsidiary of such a bank, savings bank, savings and	1875
loan association, or credit union; or an employee of an affiliate	1876
that (1) controls, is controlled by, or is under common control	1877
with, such a bank, savings bank, savings and loan association, or	1878
credit union and (2) is subject to examination, supervision, and	1879
regulation, including with respect to the affiliate's compliance	1880
with applicable consumer protection requirements, by the board of	1881
governors of the federal reserve system, the comptroller of the	1882
currency, the office of thrift supervision, the federal deposit	1883
insurance corporation, or the national credit union	1884
administration.	1885

(I) "Residential mortgage" or "mortgage" means an obligation	1886
to pay a sum of money evidenced by a note and secured by a lien	1887
upon real property located within this state containing two or	1888
fewer residential units or on which two or fewer residential units	1889
are to be constructed and includes such an obligation on a	1890
residential condominium or cooperative unit.	1891

(J) "Mortgage broker" has the same meaning as in section	1892
1322.01 of the Revised Code, except that it does not include a	1893
bank, savings bank, savings and loan association, credit union, or	1894
credit union service organization organized under the laws of this	1895
state, another state, or the United States; a subsidiary of such a	1896
bank, savings bank, savings and loan association, or credit union;	1897
an affiliate that (1) controls, is controlled by, or is under	1898
common control with, such a bank, savings bank, savings and loan	1899
association, or credit union and (2) is subject to examination,	1900
supervision, and regulation, including with respect to the	1901
affiliate's compliance with applicable consumer protection	1902
requirements, by the board of governors of the federal reserve	1903
system, the comptroller of the currency, the office of thrift	1904
supervision, the federal deposit insurance corporation, or the	1905
national credit union administration; or an employee of any such	1906
entity.	1907

(K) "Nonbank mortgage lender" means any person that engages	1908
in a consumer transaction in connection with a residential	1909
mortgage, except for a bank, savings bank, savings and loan	1910
association, credit union, or credit union service organization	1911
organized under the laws of this state, another state, or the	1912
United States; a subsidiary of such a bank, savings bank, savings	1913
and loan association, or credit union; or an affiliate that (1)	1914
controls, is controlled by, or is under common control with, such	1915
a bank, savings bank, savings and loan association, or credit	1916
union and (2) is subject to examination, supervision, and	1917
regulation, including with respect to the affiliate's compliance	1918
with applicable consumer protection requirements, by the board of	1919
governors of the federal reserve system, the comptroller of the	1920
currency, the office of thrift supervision, the federal deposit	1921
insurance corporation, or the national credit union	1922
administration.	1923

(L) For purposes of divisions (H), (J), and (K) of this	1924
section:	1925

(1) "Control" of another entity means ownership, control, or	1926
power to vote twenty-five per cent or more of the outstanding	1927
shares of any class of voting securities of the other entity,	1928
directly or indirectly or acting through one or more other	1929
persons.	1930

(2) "Credit union service organization" means a CUSO as	1931
defined in 12 C.F.R. 702.2.	1932

Sec. 1349.71.  (A) There is hereby created a consumer finance	1933
education board, consisting of the following twelve members,	1934
appointed jointly by the governor, the speaker of the house of	1935
representatives, and the president of the senate with the advice	1936
and consent of the house and senate. One member shall be appointed	1937
from, or as a representative of, each of the following:	1938

(1) TheAn employee of the Ohio attorney general's office,	1939
appointed by the governor;	1940

(2) TheAn employee of the department of commerce, appointed	1941
by the governor;	1942

(3) TheAn employee of the Ohio housing finance agency,	1943
appointed by the governor;	1944

(4) A representative of Ohio minority advocacy groups,	1945
appointed by the governor;	1946

(5) TheA member of the Ohio bankers league, appointed by the	1947
speaker of the house of representatives;	1948

(6) TheA member of the Ohio mortgage bankers association,	1949
appointed by the speaker of the house of representatives;	1950

(7) TheA member of the Ohio credit union league, appointed	1951
by the speaker of the house of representatives;	1952

(8) A member of the Ohio community bankers association,	1953
appointed by the speaker of the house of representatives;	1954

(9) TheA representative of the Ohio real estate industry,	1955
appointed by the president of the senate;	1956

(10) TheA member of the Ohio mortgage brokers association,	1957
appointed by the president of the senate;	1958

(11) TheA representative of the financial services industry,	1959
appointed by the president of the senate;	1960

(12) ConsumerA representative of consumer advocacy	1961
organizations, appointed by the president of the senate.	1962

(B) Geographically diverse representation of the state shall	1963
be considered in making appointments. Of the initial appointments	1964
to the board, four shall be for a term ending December 31, 2008,	1965
four shall be for a term ending December 31, 2009, and four shall	1966
be for a term ending December 31, 2010. Thereafter, terms of	1967
office are for three years, commencing on the first day of January	1968
and ending on the thirty-first day of December. Each member shall	1969
hold office from the date of the member's appointment until the	1970
end of the term for which the member is appointed. Prior to	1971
assuming the duties of office, each member shall subscribe to, and	1972
file with the secretary of state, the constitutional oath of	1973
office. Vacancies that occur on the board shall be filled in the	1974
manner prescribed for regular appointments to the board. A member	1975
appointed to fill a vacancy occurring prior to the expiration of	1976
the term for which the member's predecessor was appointed shall	1977
hold office for the remainder of that predecessor's term. A member	1978
shall continue in office subsequent to the expiration date of the	1979
member's term until the member's successor takes office or until	1980
sixty days have elapsed, whichever occurs first. No person shall	1981
serve as a member of the board for more than two consecutive	1982
terms. The governor may remove a member pursuant to section 3.04	1983
of the Revised Code.	1984

(C) Annually, upon the qualification of the members appointed	1985
in that year, the board shall organize by selecting from its	1986
members a chairperson. The board shall meet at least once each	1987
calendar quarter to conduct its business with the place of future	1988
meetings to be decided by a vote of its members. Each member shall	1989
be provided with written notice of the time and place of each	1990
board meeting at least ten days prior to the scheduled date of the	1991
meeting. A majority of the members of the board constitutes a	1992
quorum to transact and vote on all business coming before the	1993
board.	1994

(D)(1) The governor shall call the first meeting of the	1995
consumer finance education board. At that meeting, and annually	1996
thereafter, the board shall elect a chairperson for a one-year	1997
term and may elect members to other positions on the board as the	1998
board considers necessary or appropriate.	1999

(2) Each member of the board shall receive an amount fixed	2000
pursuant to division (J) of section 124.15 of the Revised Code for	2001
each day employed in the discharge of the member's official	2002
duties, and the member's actual and necessary expenses incurred in	2003
the discharge of those duties.	2004

(E) The board may obtain services from any state agency,	2005
including, but not limited to, the department of commerce or its	2006
successor agency.	2007

(F) The board shall assemble an advisory committee of	2008
representatives from the following organizations or groups for the	2009
purpose of receiving recommendations on policy, rules, and	2010
activities of the board:	2011

(1) The department of aging;

2012

(2) The department of rehabilitation and correction;

2013

(3) The department of development;

2014

(4) The department of job and family services;

2015

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

2016

(6) The county treasurers association of Ohio;

2017

(7) Ohio college professors;

2018

(8) Ohio university professors;

2019

(9) The Ohio board of regents;

2020

(10) The Ohio community development corporations association;

2021

(11) The Ohio council for economic education;

2022

(12) The Ohio state university extension service.

2023

Sec. 1349.72.  (A) In addition to any other duties imposed on	2024
the consumer finance education board by section 1349.71 of the	2025
Revised Code, the board shall:	2026

(1) Analyze and investigate, on its own initiative, the	2027
policies and practices of state agencies, nonprofit entities, and	2028
businesses, inasmuch as such policies and practices address	2029
financial literacy, access by state residents to financial	2030
information, education, and resources, prevention of foreclosures	2031
and bankruptcies, and prepurchase and postpurchase counseling and	2032
education for homebuyers, and small loan counseling and education	2033
for borrowers;	2034

(2) Provide an annual report and consultation and	2035
recommendations to the governor, the general assembly, state	2036
agencies, nonprofit entities, and businesses based on the board's	2037
findings;	2038

(3) Coordinate and provide resources and assistance to state	2039
agencies, nonprofit entities, and businesses in the furtherance of	2040
those entities' efforts to improve financial literacy, access by	2041
state residents to financial information, education, and	2042
resources, prevention of foreclosures and bankruptcies, and	2043
prepurchase and postpurchase counseling and education for	2044
homebuyers, and small loan counseling and education for	2045
borrowers.	2046

(4) Provide financial assistance to Ohioans through grants	2047
funded through the consumer finance fund created under section	2048
1321.21 of the Revised Code and utilize these same funds to	2049
provide grants to design, develop, and implement any other	2050
programs described in this section.	2051

(5) Receive grants from the consumer finance fund for the	2052
implementation of this section.	2053

(B) The board may assign and delegate the execution of its	2054
duties to smaller groups of its own members, which shall include	2055
committees specifically chartered to address all of the following	2056
issues:	2057

(1) The needs of persons, ages eighteen to twenty-five, in	2058
the context of the objectives enumerated in division (A) of this	2059
section;	2060

(2) The needs of persons, classified as needy, based on a	2061
household adjusted gross income equal to or less than two hundred	2062
per cent of the poverty level, as determined by the Ohio office of	2063
budget and management, or the earned income amount described in	2064
section thirty-two of the Internal Revenue Code of 1986, taking	2065
into account the size of the household, in the context of the	2066
objectives enumerated in division (A) of this section;	2067

(3) The needs of persons, previously convicted of one or more	2068
felonies, in the context of the objectives enumerated in division	2069
(A) of this section;	2070

(4) The needs of persons, characterized as vulnerable by	2071
reason of advanced age, disability, minority, or other demographic	2072
consideration, in the context of the objectives enumerated in	2073
division (A) of this section;	2074

(5) Any other group or issue identified by the board as	2075
worthy of particular attention.	2076

(C) The board shall create a pilot financial literacy and	2077
counseling program funded through the consumer finance fund, to be	2078
operated in the five counties with the highest mortgage	2079
foreclosure rates as of the effective date of this sectionthe	2080
effective date of this amendment, and completion of which shall be	2081
recommended by mortgage brokers and loan officers for any	2082
consumer seeking a mortgage loan with origination fees greater	2083
than five per cent. Before a mortgage broker permits a consumer	2084
to commit to such a loan, the broker shall notify the consumer	2085
that the loan may have attributes that are predatory. No person	2086
who offers education, advice, or counseling through the financial	2087
literacy and counseling program shall be held liable for any	2088
damages incurred from actions taken based on the education,	2089
advice, or counseling given.	2090

Sec. 1733.25.  (A) A credit union may make loans or other	2091
extensions of credit to members for provident and productive	2092
purposes as authorized by law, including rules adopted by the	2093
superintendent of credit unions; the articles; and the	2094
regulations; and subject to policies adopted by the credit	2095
committee and approved by the board of directors.	2096

(B) Upon the approval of the board of directors, a credit	2097
union may make loans or other extensions of credit to other credit	2098
unions, provided that loans or other extensions of credit made to	2099
other credit unions need not have the approval of the board of	2100
directors on a per case basis. The total of all such loans or	2101
other extensions of credit, including the aggregate of all money	2102
paid into any trust established by one or more credit unions for	2103
the purpose of making loans or other extensions of credit to other	2104
credit unions, shall not exceed twenty-five per cent of the shares	2105
and undivided earnings of the lending credit union, except that	2106
this percentage limitation does not apply to corporate credit	2107
unions.	2108

(C) The interest on any loan or other extension of credit	2109
made by a credit union shall not exceed one and one-half per cent	2110
per month on unpaid balances. Such interest may accrue and be	2111
chargeable upon a monthly basis, and may be computed upon the	2112
unpaid balance of the loan or other extension of credit as of the	2113
end of the previous calendar month.	2114

Such interest may be accrued and charged by any technique	2115
approved by the superintendent so long as the effective interest	2116
rate on any loan or other extension of credit does not exceed the	2117
amount permitted to be charged by the computation authorized in	2118
this division.	2119

(D) A credit union may accept security in such form and under	2120
rules as shall be set forth in the articles, the regulations, or	2121
established by the credit committee and approved by the board of	2122
directors.	2123

(E)(1) The credit union shall have a lien on the membership	2124
share, shares, deposits, and accumulated dividends and interest of	2125
a member in an individual, joint, trust, or payable on death	2126
account for any obligation owed to the credit union by that member	2127
or for any loan co-signed or guaranteed by the member or account	2128
holder; provided, however, that a credit union shall not have a	2129
lien upon the funds in an individual retirement account or an	2130
account established pursuant to the Internal Revenue Code of the	2131
United States.	2132

(2) A credit union may refuse to allow withdrawals from any	2133
share or deposit account by a member while the member has any	2134
outstanding obligation to the credit union.	2135

(F) Notwithstanding any limitation provided in any other	2136
provision of this chapter or Chapter 1343. of the Revised Code, a	2137
credit union may enter into a loan agreement with a member in	2138
accordance with all of the following:	2139

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

2140

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

2141

(3) The credit union may charge a fee in addition to any	2142
interest authorized by law in connection with the loan, which fee	2143
is not to be included in the computation of interest for any	2144
provision of the Revised Code, including division (C) of this	2145
section, that prescribes, regulates, or limits interest charged,	2146
collected, or received in connection with a transaction.	2147

(4) The total interest, fees, and other costs of the loan	2148
does not exceed ten per cent of the principal amount.	2149

(5) A member shall not have more than one loan under division	2150
(F) of this section outstanding at any one time with the credit	2151
union.	2152

(6) The loan is not being made to a member for purposes of	2153
retiring an existing loan between the credit union and that	2154
member, which existing loan was made pursuant to division (F) of	2155
this section.	2156

(G)(1) Subject to division (G)(F)(2) of this section and any	2157
restrictions or requirements established by the superintendent, in	2158
connection with any loan or extension of credit, a credit union	2159
may enter into a debt suspension agreement or debt cancellation	2160
contract with the borrower or borrowers.	2161

(2) A credit union shall not offer or finance, directly or	2162
indirectly, a debt suspension agreement or debt cancellation	2163
contract requiring a lump sum, single payment for the agreement or	2164
contract payable at the outset of the agreement or contract, if	2165
the debt subject to the agreement or contract is secured by one to	2166
four family, residential real property.	2167

(3) For purposes of division (G)(F) of this section, "debt	2168
cancellation contract" and "debt suspension agreement" have the	2169
same meanings as in 12 C.F.R. part 37.	2170

Sec. 2307.61.  (A) If a property owner brings a civil action	2171
pursuant to division (A) of section 2307.60 of the Revised Code to	2172
recover damages from any person who willfully damages the owner's	2173
property or who commits a theft offense, as defined in section	2174
2913.01 of the Revised Code, involving the owner's property, the	2175
property owner may recover as follows:	2176

(1) In the civil action, the property owner may elect to	2177
recover moneys as described in division (A)(1)(a) or (b) of this	2178
section:	2179

(a) Compensatory damages that may include, but are not	2180
limited to, the value of the property and liquidated damages in	2181
whichever of the following amounts applies:	2182

(i) Fifty dollars, if the value of the property was fifty	2183
dollars or less at the time it was willfully damaged or was the	2184
subject of a theft offense;	2185

(ii) One hundred dollars, if the value of the property was	2186
more than fifty dollars, but not more than one hundred dollars, at	2187
the time it was willfully damaged or was the subject of a theft	2188
offense;	2189

(iii) One hundred fifty dollars, if the value of the property	2190
was more than one hundred dollars at the time it was willfully	2191
damaged or was the subject of a theft offense.	2192

(b) Liquidated damages in whichever of the following amounts	2193
is greater:	2194

(i) Two hundred dollars;

2195

(ii) Three times the value of the property at the time it was	2196
willfully damaged or was the subject of a theft offense,	2197
irrespective of whether the property is recovered by way of	2198
replevin or otherwise, is destroyed or otherwise damaged, is	2199
modified or otherwise altered, or is resalable at its full market	2200
price. This division does not apply to a check, negotiable order	2201
of withdrawal, share draft, or other negotiable instrument that	2202
was returned or dishonored for insufficient funds by a financial	2203
institution if the check, negotiable order of withdrawal, share	2204
draft, or other negotiable instrument was presented by an	2205
individual borrower to a check-cashing business licensed pursuant	2206
tolicensee under sections 1315.35 to 1315.441321.35 to 1321.48	2207
of the Revised Code for a check-cashing loan transaction.	2208

(2) In a civil action in which the value of the property that	2209
was willfully damaged or was the subject of a theft offense is	2210
less than five thousand dollars, the property owner may recover	2211
damages as described in division (A)(1)(a) or (b) of this section	2212
and additionally may recover the reasonable administrative costs,	2213
if any, of the property owner that were incurred in connection	2214
with actions taken pursuant to division (A)(2) of this section,	2215
the cost of maintaining the civil action, and reasonable	2216
attorney's fees, if all of the following apply:	2217

(a) The property owner, at least thirty days prior to the	2218
filing of the civil action, serves a written demand for payment of	2219
moneys as described in division (A)(1)(a) of this section and the	2220
reasonable administrative costs, if any, of the property owner	2221
that have been incurred in connection with actions taken pursuant	2222
to division (A)(2) of this section, upon the person who willfully	2223
damaged the property or committed the theft offense.	2224

(b) The demand conforms to the requirements of division (C)	2225
of this section and is sent by certified mail, return receipt	2226
requested.	2227

(c) Either the person who willfully damaged the property or	2228
committed the theft offense does not make payment to the property	2229
owner of the amount specified in the demand within thirty days	2230
after the date of its service upon that person and does not enter	2231
into an agreement with the property owner during that thirty-day	2232
period for that payment or the person who willfully damaged the	2233
property or committed the theft offense enters into an agreement	2234
with the property owner during that thirty-day period for that	2235
payment but does not make that payment in accordance with the	2236
agreement.	2237

(B) If a property owner who brings a civil action pursuant to	2238
division (A) of section 2307.60 of the Revised Code to recover	2239
damages for willful damage to property or for a theft offense	2240
attempts to collect the reasonable administrative costs, if any,	2241
of the property owner that have been incurred in connection with	2242
actions taken pursuant to division (A)(2) of this section, the	2243
cost of maintaining the civil action, and reasonable attorney's	2244
fees under authority of that division and if the defendant	2245
prevails in the civil action, the defendant may recover from the	2246
property owner reasonable attorney's fees, the cost of defending	2247
the civil action, and any compensatory damages that may be proven.	2248

(C) For purposes of division (A)(2) of this section, a	2249
written demand for payment shall include a conspicuous notice to	2250
the person upon whom the demand is to be served that indicates all	2251
of the following:	2252

(1) The willful property damage or theft offense that the	2253
person allegedly committed;	2254

(2) That, if the person makes payment of the amount specified	2255
in the demand within thirty days after its service upon the person	2256
or enters into an agreement with the property owner during that	2257
thirty-day period for that payment and makes that payment in	2258
accordance with the agreement, the person cannot be sued by the	2259
property owner in a civil action in relation to the willful	2260
property damage or theft offense;	2261

(3) That, if the person fails to make payment of the amount	2262
specified in the demand within thirty days after the date of its	2263
service upon the person and fails to enter into an agreement for	2264
that payment with the property owner during that thirty-day period	2265
or enters into an agreement for that payment with the property	2266
owner during that thirty-day period but does not make that payment	2267
in accordance with the agreement, the person may be sued in a	2268
civil action in relation to the willful property damage or theft	2269
offense;	2270

(4) The potential judgment that the person may be required to	2271
pay if the person is sued in a civil action in relation to the	2272
willful property damage or theft offense and judgment is rendered	2273
against the person in that civil action;	2274

(5) That, if the person is sued in a civil action by the	2275
property owner in relation to the willful property damage or theft	2276
offense, if the civil action requests that the person be required	2277
to pay the reasonable administrative costs, if any, of the	2278
property owner that have been incurred in connection with actions	2279
taken pursuant to division (A)(2) of this section, the cost of	2280
maintaining the action, and reasonable attorney's fees, and if the	2281
person prevails in the civil action, the person may recover from	2282
the property owner reasonable attorney's fees, the cost of	2283
defending the action, and any compensatory damages that can be	2284
proved.	2285

(D) If a property owner whose property was willfully damaged	2286
or was the subject of a theft offense serves a written demand for	2287
payment upon a person who willfully damaged the property or	2288
committed the theft offense and if the person makes payment of the	2289
amount specified in the demand within thirty days after the date	2290
of its service upon the person or the person enters into an	2291
agreement with the property owner during that thirty-day period	2292
for that payment and makes payment in accordance with the	2293
agreement, the property owner shall not file a civil action	2294
against the person in relation to the willful property damage or	2295
theft offense.	2296

(E) If a property owner whose property was willfully damaged	2297
or was the subject of a theft offense serves a written demand for	2298
payment upon a person who willfully damaged the property or	2299
committed the theft offense and if the person, within thirty days	2300
after the date of service of the demand upon the person, enters	2301
into an agreement with the property owner for the payment of the	2302
amount specified in the demand but does not make that payment in	2303
accordance with the agreement, the time between the entering of	2304
the agreement and the failure to make that payment shall not be	2305
computed as any part of the period within which a civil action	2306
based on the willful property damage or theft offense must be	2307
brought under the Revised Code.	2308

(F) A civil action to recover damages for willful property	2309
damage or for a theft offense may be joined with a civil action	2310
that is brought pursuant to Chapter 2737. of the Revised Code to	2311
recover the property. If the two actions are joined, any	2312
compensatory damages recoverable by the property owner shall be	2313
limited to the value of the property.	2314

(G)(1) In a civil action to recover damages for willful	2315
property damage or for a theft offense, the trier of fact may	2316
determine that an owner's property was willfully damaged or that a	2317
theft offense involving the owner's property has been committed,	2318
whether or not any person has pleaded guilty to or has been	2319
convicted of any criminal offense or has been adjudicated a	2320
delinquent child in relation to any act involving the owner's	2321
property.	2322

(2) This section does not affect the prosecution of any	2323
criminal action or proceeding or any action to obtain a delinquent	2324
child adjudication in connection with willful property damage or a	2325
theft offense.	2326

(H) As used in this section:

2327

(1) "Administrative costs" includes the costs of written	2328
demands for payment and associated postage under division (A)(2)	2329
of this section.	2330

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

2331

(a) The retail value of any property that is offered for sale	2332
by a mercantile establishment, irrespective of whether the	2333
property is destroyed or otherwise damaged, is modified or	2334
otherwise altered, or otherwise is not resalable at its full	2335
market price;	2336

(b) The face value of any check or other negotiable	2337
instrument that is not honored due to insufficient funds in the	2338
drawer's account, the absence of any drawer's account, or another	2339
reason, and all charges imposed by a bank, savings and loan	2340
association, credit union, or other financial institution upon the	2341
holder of the check or other negotiable instrument;	2342

(c) The replacement value of any property not described in	2343
division (H)(1) or (2) of this section.	2344

Section 2. That existing sections 109.572, 135.63, 1181.05,	2345
1181.21, 1181.25, 1315.99, 1321.02, 1321.15, 1321.21, 1321.99,	2346
1345.01, 1349.71, 1349.72, 1733.25, and 2307.61 of the Revised	2347
Code are hereby repealed.	2348

Section 3. That sections 1315.35, 1315.36, 1315.37, 1315.38,	2349
1315.39, 1315.40, 1315.41, 1315.42, 1315.43, and 1315.44 of the	2350
Revised Code are hereby repealed.	2351

Section 4. (A) All licenses issued pursuant to sections	2352
1315.35 to 1315.44 of the Revised Code, and in effect on the date	2353
this section becomes effective, shall remain in effect, unless	2354
suspended or revoked by the superintendent of financial	2355
institutions, until such time as the license would be subject to	2356
renewal pursuant to sections 1315.35 to 1315.44 of the Revised	2357
Code as those sections existed prior to the effective date of this	2358
act. The superintendent shall recognize any such license holder as	2359
a valid license holder under sections 1321.35 to 1321.48 of the	2360
Revised Code as enacted by this act, and such license holder	2361
thereafter is subject to all provisions of sections 1321.35 to	2362
1321.48 of the Revised Code.	2363

(B) If any person licensed under sections 1315.35 to 1315.44	2364
of the Revised Code on the effective date of this section applies	2365
for a license to operate under sections 1321.01 to 1321.19 of the	2366
Revised Code for the 2008 licensing period ending June 30, 2009,	2367
that person shall pay only one-half of the license fee provided	2368
for under section 1321.03 of the Revised Code.	2369

Section 5. Within thirty days of the effective date of this	2370
act, the Director of Budget and Management shall make a one-time	2371
transfer of five per cent of the balance of the consumer finance	2372
fund, created under section 1321.21 of the Revised Code, to the	2373
financial literacy education fund created under section 121.085 of	2374
the Revised Code as enacted by this act.	2375