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To amend sections 109.572, 926.29, 1733.13, 1733.15, | 1 |
1733.19, 1733.29, 1733.329, and 1733.34 and to | 2 |
enact sections 1121.23, 1155.03, 1163.05, | 3 |
1315.141, 1733.241, 1733.242, 1733.243, 1733.291, | 4 |
1733.292, 1733.47, and 1761.26 of the Revised | 5 |
Code to make changes in the Credit Union | 6 |
Regulation Law and to require criminal background | 7 |
checks whenever the approval of the | 8 |
Superintendent of Financial Institutions is | 9 |
required for a person to serve as a director, | 10 |
officer, or controlling person of a bank, savings | 11 |
and loan association, savings bank, money | 12 |
transmitter, credit union, or credit union share | 13 |
guaranty corporation. | 14 |
Section 1. That sections 109.572, 926.29, 1733.13, 1733.15, | 15 |
1733.19, 1733.29, 1733.329, and 1733.34 be amended and sections | 16 |
1121.23, 1155.03, 1163.05, 1315.141, 1733.241, 1733.242, | 17 |
1733.243, 1733.291, 1733.292, 1733.47, and 1761.26 of the | 18 |
Revised Code be enacted to read as follows: | 19 |
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to | 20 |
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013 | 21 |
of the Revised Code, a completed form prescribed pursuant to | 22 |
division (C)(1) of this section, and a set of fingerprint | 23 |
impressions obtained in the manner described in division (C)(2) of | 24 |
this section, the superintendent of the bureau of criminal | 25 |
identification and investigation shall conduct a criminal records | 26 |
check in the manner described in division (B) of this section to | 27 |
determine whether any information exists that indicates that the | 28 |
person who is the subject of the request previously has been | 29 |
convicted of or pleaded guilty to any of the following: | 30 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 31 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 32 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 33 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 34 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01, | 35 |
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25, | 36 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, | 37 |
2925.06, or 3716.11 of the Revised Code, felonious sexual | 38 |
penetration in violation of former section 2907.12 of the Revised | 39 |
Code, a violation of section 2905.04 of the Revised Code as it | 40 |
existed prior to July 1, 1996, a violation of section 2919.23 of | 41 |
the Revised Code that would have been a violation of section | 42 |
2905.04 of the Revised Code as it existed prior to July 1, 1996, | 43 |
had the violation been committed prior to that date, or a | 44 |
violation of section 2925.11 of the Revised Code that is not a | 45 |
minor drug possession offense; | 46 |
(b) A violation of an existing or former law of this state, | 47 |
any other state, or the United States that is substantially | 48 |
equivalent to any of the offenses listed in division (A)(1)(a) of | 49 |
this section. | 50 |
(2) On receipt of a request pursuant to section 5123.081 of | 51 |
the Revised Code with respect to an applicant for employment in | 52 |
any position with the department of mental retardation and | 53 |
developmental disabilities, pursuant to section 5126.28 of the | 54 |
Revised Code with respect to an applicant for employment in any | 55 |
position with a county board of mental retardation and | 56 |
developmental disabilities, or pursuant to section 5126.281 of the | 57 |
Revised Code with respect to an applicant for employment in a | 58 |
direct services position with an entity contracting with a county | 59 |
board for employment, a completed form prescribed pursuant to | 60 |
division (C)(1) of this section, and a set of fingerprint | 61 |
impressions obtained in the manner described in division (C)(2) of | 62 |
this section, the superintendent of the bureau of criminal | 63 |
identification and investigation shall conduct a criminal records | 64 |
check. The superintendent shall conduct the criminal records check | 65 |
in the manner described in division (B) of this section to | 66 |
determine whether any information exists that indicates that the | 67 |
person who is the subject of the request has been convicted of or | 68 |
pleaded guilty to any of the following: | 69 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 70 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 71 |
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, | 72 |
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, | 73 |
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, | 74 |
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, | 75 |
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, | 76 |
2925.03, or 3716.11 of the Revised Code; | 77 |
(b) An existing or former municipal ordinance or law of this | 78 |
state, any other state, or the United States that is substantially | 79 |
equivalent to any of the offenses listed in division (A)(2)(a) of | 80 |
this section. | 81 |
(3) On receipt of a request pursuant to section 173.27, | 82 |
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a | 83 |
completed form prescribed pursuant to division (C)(1) of this | 84 |
section, and a set of fingerprint impressions obtained in the | 85 |
manner described in division (C)(2) of this section, the | 86 |
superintendent of the bureau of criminal identification and | 87 |
investigation shall conduct a criminal records check with respect | 88 |
to any person who has applied for employment in a position for | 89 |
which a criminal records check is required by those sections. The | 90 |
superintendent shall conduct the criminal records check in the | 91 |
manner described in division (B) of this section to determine | 92 |
whether any information exists that indicates that the person who | 93 |
is the subject of the request previously has been convicted of or | 94 |
pleaded guilty to any of the following: | 95 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 96 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 97 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 98 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 99 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 100 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 101 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 102 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 103 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 104 |
(b) An existing or former law of this state, any other state, | 105 |
or the United States that is substantially equivalent to any of | 106 |
the offenses listed in division (A)(3)(a) of this section. | 107 |
(4) On receipt of a request pursuant to section 3701.881 of | 108 |
the Revised Code with respect to an applicant for employment with | 109 |
a home health agency as a person responsible for the care, | 110 |
custody, or control of a child, a completed form prescribed | 111 |
pursuant to division (C)(1) of this section, and a set of | 112 |
fingerprint impressions obtained in the manner described in | 113 |
division (C)(2) of this section, the superintendent of the bureau | 114 |
of criminal identification and investigation shall conduct a | 115 |
criminal records check. The superintendent shall conduct the | 116 |
criminal records check in the manner described in division (B) of | 117 |
this section to determine whether any information exists that | 118 |
indicates that the person who is the subject of the request | 119 |
previously has been convicted of or pleaded guilty to any of the | 120 |
following: | 121 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 122 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 123 |
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04, | 124 |
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21, | 125 |
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, | 126 |
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 127 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 128 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a | 129 |
violation of section 2925.11 of the Revised Code that is not a | 130 |
minor drug possession offense; | 131 |
(b) An existing or former law of this state, any other state, | 132 |
or the United States that is substantially equivalent to any of | 133 |
the offenses listed in division (A)(4)(a) of this section. | 134 |
(5) On receipt of a request pursuant to section 5111.032, | 135 |
5111.033, or 5111.034 of the Revised Code, a completed form | 136 |
prescribed pursuant to division (C)(1) of this section, and a set | 137 |
of fingerprint impressions obtained in the manner described in | 138 |
division (C)(2) of this section, the superintendent of the bureau | 139 |
of criminal identification and investigation shall conduct a | 140 |
criminal records check. The superintendent shall conduct the | 141 |
criminal records check in the manner described in division (B) of | 142 |
this section to determine whether any information exists that | 143 |
indicates that the person who is the subject of the request | 144 |
previously has been convicted of, has pleaded guilty to, or has | 145 |
been found eligible for intervention in lieu of conviction for | 146 |
any of the following: | 147 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 148 |
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, | 149 |
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02, | 150 |
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, | 151 |
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32, | 152 |
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, | 153 |
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31, | 154 |
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11, | 155 |
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02, | 156 |
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04, | 157 |
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or | 158 |
3716.11 of the Revised Code, felonious sexual penetration in | 159 |
violation of former section 2907.12 of the Revised Code, a | 160 |
violation of section 2905.04 of the Revised Code as it existed | 161 |
prior to July 1, 1996, a violation of section 2919.23 of the | 162 |
Revised Code that would have been a violation of section 2905.04 | 163 |
of the Revised Code as it existed prior to July 1, 1996, had the | 164 |
violation been committed prior to that date; | 165 |
(b) An existing or former law of this state, any other state, | 166 |
or the United States that is substantially equivalent to any of | 167 |
the offenses listed in division (A)(5)(a) of this section. | 168 |
(6) On receipt of a request pursuant to section 3701.881 of | 169 |
the Revised Code with respect to an applicant for employment with | 170 |
a home health agency in a position that involves providing direct | 171 |
care to an older adult, a completed form prescribed pursuant to | 172 |
division (C)(1) of this section, and a set of fingerprint | 173 |
impressions obtained in the manner described in division (C)(2) of | 174 |
this section, the superintendent of the bureau of criminal | 175 |
identification and investigation shall conduct a criminal records | 176 |
check. The superintendent shall conduct the criminal records check | 177 |
in the manner described in division (B) of this section to | 178 |
determine whether any information exists that indicates that the | 179 |
person who is the subject of the request previously has been | 180 |
convicted of or pleaded guilty to any of the following: | 181 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 182 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 183 |
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05, | 184 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31, | 185 |
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, | 186 |
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, | 187 |
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36, | 188 |
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13, | 189 |
2925.22, 2925.23, or 3716.11 of the Revised Code; | 190 |
(b) An existing or former law of this state, any other state, | 191 |
or the United States that is substantially equivalent to any of | 192 |
the offenses listed in division (A)(6)(a) of this section. | 193 |
(7) When conducting a criminal records check upon a request | 194 |
pursuant to section 3319.39 of the Revised Code for an applicant | 195 |
who is a teacher, in addition to the determination made under | 196 |
division (A)(1) of this section, the superintendent shall | 197 |
determine whether any information exists that indicates that the | 198 |
person who is the subject of the request previously has been | 199 |
convicted of or pleaded guilty to any offense specified in section | 200 |
3319.31 of the Revised Code. | 201 |
(8) On receipt of a request pursuant to section 2151.86 of | 202 |
the Revised Code, a completed form prescribed pursuant to | 203 |
division (C)(1) of this section, and a set of fingerprint | 204 |
impressions obtained in the manner described in division (C)(2) | 205 |
of this section, the superintendent of the bureau of criminal | 206 |
identification and investigation shall conduct a criminal records | 207 |
check in the manner described in division (B) of this section to | 208 |
determine whether any information exists that indicates that the | 209 |
person who is the subject of the request previously has been | 210 |
convicted of or pleaded guilty to any of the following: | 211 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 212 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 213 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 214 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 215 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 216 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 217 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 218 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a | 219 |
violation of section 2905.04 of the Revised Code as it existed | 220 |
prior to July 1, 1996, a violation of section 2919.23 of the | 221 |
Revised Code that would have been a violation of section 2905.04 | 222 |
of the Revised Code as it existed prior to July 1, 1996, had the | 223 |
violation been committed prior to that date, a violation of | 224 |
section 2925.11 of the Revised Code that is not a minor drug | 225 |
possession offense, or felonious sexual penetration in violation | 226 |
of former section 2907.12 of the Revised Code; | 227 |
(b) A violation of an existing or former law of this state, | 228 |
any other state, or the United States that is substantially | 229 |
equivalent to any of the offenses listed in division (A)(8)(a) of | 230 |
this section. | 231 |
(9) When conducting a criminal records check on a request | 232 |
pursuant to section 5104.013 of the Revised Code for a person who | 233 |
is an owner, licensee, or administrator of a child day-care center | 234 |
or type A family day-care home, an authorized provider of a | 235 |
certified type B family day-care home, or an adult residing in a | 236 |
type A or certified type B home, or when conducting a criminal | 237 |
records check or a request pursuant to section 5104.012 of the | 238 |
Revised Code for a person who is an applicant for employment in a | 239 |
center, type A home, or certified type B home, the superintendent, | 240 |
in addition to the determination made under division (A)(1) of | 241 |
this section, shall determine whether any information exists that | 242 |
indicates that the person has been convicted of or pleaded guilty | 243 |
to any of the following: | 244 |
(a) A violation of section 2913.02, 2913.03, 2913.04, | 245 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32, | 246 |
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44, | 247 |
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11, | 248 |
2921.13, or 2923.01 of the Revised Code, a violation of section | 249 |
2923.02 or 2923.03 of the Revised Code that relates to a crime | 250 |
specified in this division or division (A)(1)(a) of this section, | 251 |
or a second violation of section 4511.19 of the Revised Code | 252 |
within five years of the date of application for licensure or | 253 |
certification. | 254 |
(b) A violation of an existing or former law of this state, | 255 |
any other state, or the United States that is substantially | 256 |
equivalent to any of the offenses or violations described in | 257 |
division (A)(9)(a) of this section. | 258 |
(10) Upon receipt of a request pursuant to section 5153.111 | 259 |
of the Revised Code, a completed form prescribed pursuant to | 260 |
division (C)(1) of this section, and a set of fingerprint | 261 |
impressions obtained in the manner described in division (C)(2) of | 262 |
this section, the superintendent of the bureau of criminal | 263 |
identification and investigation shall conduct a criminal records | 264 |
check in the manner described in division (B) of this section to | 265 |
determine whether any information exists that indicates that the | 266 |
person who is the subject of the request previously has been | 267 |
convicted of or pleaded guilty to any of the following: | 268 |
(a) A violation of section 2903.01, 2903.02, 2903.03, | 269 |
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34, | 270 |
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05, | 271 |
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, | 272 |
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02, | 273 |
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22, | 274 |
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03, | 275 |
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, | 276 |
felonious sexual penetration in violation of former section | 277 |
2907.12 of the Revised Code, a violation of section 2905.04 of the | 278 |
Revised Code as it existed prior to July 1, 1996, a violation of | 279 |
section 2919.23 of the Revised Code that would have been a | 280 |
violation of section 2905.04 of the Revised Code as it existed | 281 |
prior to July 1, 1996, had the violation been committed prior to | 282 |
that date, or a violation of section 2925.11 of the Revised Code | 283 |
that is not a minor drug possession offense; | 284 |
(b) A violation of an existing or former law of this state, | 285 |
any other state, or the United States that is substantially | 286 |
equivalent to any of the offenses listed in division (A)(10)(a) of | 287 |
this section. | 288 |
(11) On receipt of a request for a criminal records check | 289 |
from an individual pursuant to section 4749.03 or 4749.06 of the | 290 |
Revised Code, accompanied by a completed copy of the form | 291 |
prescribed in division (C)(1) of this section and a set of | 292 |
fingerprint impressions obtained in a manner described in division | 293 |
(C)(2) of this section, the superintendent of the bureau of | 294 |
criminal identification and investigation shall conduct a criminal | 295 |
records check in the manner described in division (B) of this | 296 |
section to determine whether any information exists indicating | 297 |
that the person who is the subject of the request has been | 298 |
convicted of or pleaded guilty to a felony in this state or in any | 299 |
other state. If the individual indicates that a firearm will be | 300 |
carried in the course of business, the superintendent shall | 301 |
require information from the federal bureau of investigation as | 302 |
described in division (B)(2) of this section. The superintendent | 303 |
shall report the findings of the criminal records check and any | 304 |
information the federal bureau of investigation provides to the | 305 |
director of public safety. | 306 |
(12) On receipt of a request pursuant to section 1322.03, | 307 |
1322.031, or 4763.05 of the Revised Code, a completed form | 308 |
prescribed pursuant to division (C)(1) of this section, and a set | 309 |
of fingerprint impressions obtained in the manner described in | 310 |
division (C)(2) of this section, the superintendent of the bureau | 311 |
of criminal identification and investigation shall conduct a | 312 |
criminal records check with respect to any person who has applied | 313 |
for a license, permit, or certification from the department of | 314 |
commerce or a division in the department. The superintendent shall | 315 |
conduct the criminal records check in the manner described in | 316 |
division (B) of this section to determine whether any information | 317 |
exists that indicates that the person who is the subject of the | 318 |
request previously has been convicted of or pleaded guilty to any | 319 |
of the following: a violation of section 2913.02, 2913.11, | 320 |
2913.31, 2913.51, or 2925.03 of the Revised Code; any other | 321 |
criminal offense involving theft, receiving stolen property, | 322 |
embezzlement, forgery, fraud, passing bad checks, money | 323 |
laundering, or drug trafficking, or any criminal offense involving | 324 |
money or securities, as set forth in Chapters 2909., 2911., 2913., | 325 |
2915., 2921., 2923., and 2925. of the Revised Code; or any | 326 |
existing or former law of this state, any other state, or the | 327 |
United States that is substantially equivalent to those offenses. | 328 |
(13) On receipt of a request for a criminal records check | 329 |
from the treasurer of state under section 113.041 of the Revised | 330 |
Code or from an individual under section 4701.08, 4715.101, | 331 |
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14, | 332 |
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281, | 333 |
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10, | 334 |
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 335 |
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied | 336 |
by a completed form prescribed under division (C)(1) of this | 337 |
section and a set of fingerprint impressions obtained in the | 338 |
manner described in division (C)(2) of this section, the | 339 |
superintendent of the bureau of criminal identification and | 340 |
investigation shall conduct a criminal records check in the | 341 |
manner described in division (B) of this section to determine | 342 |
whether any information exists that indicates that the person who | 343 |
is the subject of the request has been convicted of or pleaded | 344 |
guilty to any criminal offense in this state or any other state. | 345 |
The superintendent shall send the results of a check requested | 346 |
under section 113.041 of the Revised Code to the treasurer of | 347 |
state and shall send the results of a check requested under any of | 348 |
the other listed sections to the licensing board specified by the | 349 |
individual in the request. | 350 |
(14) On receipt of a request pursuant to section 1121.23, | 351 |
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised | 352 |
Code, a completed form prescribed pursuant to division (C)(1) of | 353 |
this section, and a set of fingerprint impressions obtained in the | 354 |
manner described in division (C)(2) of this section, the | 355 |
superintendent of the bureau of criminal identification and | 356 |
investigation shall conduct a criminal records check in the manner | 357 |
described in division (B) of this section to determine whether any | 358 |
information exists that indicates that the person who is the | 359 |
subject of the request previously has been convicted of or pleaded | 360 |
guilty to any criminal offense under any existing or former law of | 361 |
this state, any other state, or the United States. | 362 |
(15) Not later than thirty days after the date the | 363 |
superintendent receives a request of a type described in division | 364 |
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),
(11), | 365 |
(12), or (14) of this section, the completed form, and the | 366 |
fingerprint impressions, the superintendent shall send the | 367 |
person, board, or entity that made the request any information, | 368 |
other than information the dissemination of which is prohibited | 369 |
by federal law, the superintendent determines exists with respect | 370 |
to the person who is the subject of the request that indicates | 371 |
that the person previously has been convicted of or pleaded | 372 |
guilty to any offense listed or described in division (A)(1), | 373 |
(2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), | 374 |
(14) of this section, as appropriate. The superintendent shall | 375 |
send the person, board, or entity that made the request a copy of | 376 |
the list of offenses specified in division (A)(1), (2), (3), (4), | 377 |
(5), (6), (7), (8),
(9), (10), (11), | 378 |
section, as appropriate. If the request was made under section | 379 |
3701.881 of the Revised Code with regard to an applicant who may | 380 |
be both responsible for the care, custody, or control of a child | 381 |
and involved in providing direct care to an older adult, the | 382 |
superintendent shall provide a list of the offenses specified in | 383 |
divisions (A)(4) and (6) of this section. | 384 |
Not later than thirty days after the superintendent receives | 385 |
a request for a criminal records check pursuant to section 113.041 | 386 |
of the Revised Code, the completed form, and the fingerprint | 387 |
impressions, the superintendent shall send the treasurer of state | 388 |
any information, other than information the dissemination of which | 389 |
is prohibited by federal law, the superintendent determines exist | 390 |
with respect to the person who is the subject of the request that | 391 |
indicates that the person previously has been convicted of or | 392 |
pleaded guilty to any criminal offense in this state or any other | 393 |
state. | 394 |
(B) The superintendent shall conduct any criminal records | 395 |
check requested under section 113.041, 121.08, 173.27, 173.394, | 396 |
1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031, 1733.47, | 397 |
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09, | 398 |
3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121, | 399 |
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081, | 400 |
4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531, | 401 |
4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06, | 402 |
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051, | 403 |
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013, | 404 |
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or | 405 |
5153.111 of the Revised Code as follows: | 406 |
(1) The superintendent shall review or cause to be reviewed | 407 |
any relevant information gathered and compiled by the bureau under | 408 |
division (A) of section 109.57 of the Revised Code that relates to | 409 |
the person who is the subject of the request, including any | 410 |
relevant information contained in records that have been sealed | 411 |
under section 2953.32 of the Revised Code; | 412 |
(2) If the request received by the superintendent asks for | 413 |
information from the federal bureau of investigation, the | 414 |
superintendent shall request from the federal bureau of | 415 |
investigation any information it has with respect to the person | 416 |
who is the subject of the request and shall review or cause to be | 417 |
reviewed any information the superintendent receives from that | 418 |
bureau. | 419 |
(3) The superintendent or the superintendent's designee may | 420 |
request criminal history records from other states or the federal | 421 |
government pursuant to the national crime prevention and privacy | 422 |
compact set forth in section 109.571 of the Revised Code. | 423 |
(C)(1) The superintendent shall prescribe a form to obtain | 424 |
the information necessary to conduct a criminal records check from | 425 |
any person for whom a criminal records check is requested under | 426 |
section 113.041 of the Revised Code or required by section | 427 |
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141, | 428 |
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, | 429 |
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08, | 430 |
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101, | 431 |
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222, | 432 |
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061, | 433 |
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032, | 434 |
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091, | 435 |
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081, | 436 |
5126.28, 5126.281, or 5153.111 of the Revised Code. The form | 437 |
that the superintendent prescribes pursuant to this division may | 438 |
be in a tangible format, in an electronic format, or in both | 439 |
tangible and electronic formats. | 440 |
(2) The superintendent shall prescribe standard impression | 441 |
sheets to obtain the fingerprint impressions of any person for | 442 |
whom a criminal records check is requested under section 113.041 | 443 |
of the Revised Code or required by section 121.08, 173.27, | 444 |
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031, | 445 |
1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, | 446 |
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061, | 447 |
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, | 448 |
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, | 449 |
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, | 450 |
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 451 |
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 452 |
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28, | 453 |
5126.281, or 5153.111 of the Revised Code. Any person for whom a | 454 |
records check is requested under or required by any of those | 455 |
sections shall obtain the fingerprint impressions at a county | 456 |
sheriff's office, municipal police department, or any other | 457 |
entity with the ability to make fingerprint impressions on the | 458 |
standard impression sheets prescribed by the superintendent. The | 459 |
office, department, or entity may charge the person a reasonable | 460 |
fee for making the impressions. The standard impression sheets the | 461 |
superintendent prescribes pursuant to this division may be in a | 462 |
tangible format, in an electronic format, or in both tangible and | 463 |
electronic formats. | 464 |
(3) Subject to division (D) of this section, the | 465 |
superintendent shall prescribe and charge a reasonable fee for | 466 |
providing a criminal records check requested under section | 467 |
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, | 468 |
1315.141, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, | 469 |
3301.541, 3319.39, 3701.881, 3712.09, 3721.121, 3722.151, | 470 |
4701.08, 4715.101, 4717.061, 4725.121, 4725.501, 4729.071, | 471 |
4730.101, 4730.14, 4730.28, 4731.081, 4731.15, 4731.171, | 472 |
4731.222, 4731.281, 4731.296, 4731.531, 4732.091, 4734.202, | 473 |
4740.061, 4741.10, 4749.03, 4749.06, 4755.70, 4757.101, | 474 |
4759.061, 4760.032, 4760.06, 4761.051, 4762.031, 4762.06, | 475 |
4763.05, 4779.091, 5104.012, 5104.013, 5111.032, 5111.033, | 476 |
5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of the | 477 |
Revised Code. The person making a criminal records request | 478 |
under section 113.041, 121.08, 173.27, 173.394, 1322.03, | 479 |
1322.031, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881, | 480 |
3712.09, 3721.121, 3722.151, 4701.08, 4715.101, 4717.061, | 481 |
4725.121, 4725.501, 4729.071, 4730.101, 4730.14, 4730.28, | 482 |
4731.081, 4731.15, 4731.171, 4731.222, 4731.281, 4731.296, | 483 |
4731.531, 4732.091, 4734.202, 4740.061, 4741.10, 4749.03, | 484 |
4749.06, 4755.70, 4757.101, 4759.061, 4760.032, 4760.06, | 485 |
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012, | 486 |
5104.013, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or | 487 |
5153.111 of the Revised Code shall pay the fee prescribed | 488 |
pursuant to this division. A person making a request under | 489 |
section 3701.881 of the Revised Code for a criminal records | 490 |
check for an applicant who may be both responsible for the care, | 491 |
custody, or control of a child and involved in providing direct | 492 |
care to an older adult shall pay one fee for the request. In the | 493 |
case of a request under section 1121.23, 1155.03, 1163.05, | 494 |
1315.141, 1733.47, 1761.26, or 5111.032 of the Revised Code, | 495 |
the fee shall be paid in the manner specified in that section. | 496 |
(4) The superintendent of the bureau of criminal | 497 |
identification and investigation may prescribe methods of | 498 |
forwarding fingerprint impressions and information necessary to | 499 |
conduct a criminal records check, which methods shall include, but | 500 |
not be limited to, an electronic method. | 501 |
(D) A determination whether any information exists that | 502 |
indicates that a person previously has been convicted of or | 503 |
pleaded guilty to any offense listed or described in division | 504 |
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or | 505 |
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or | 506 |
(b),
(A)(9)(a) or (b), (A)(10)(a) or (b), | 507 |
of this section, or that indicates that a person previously has | 508 |
been convicted of or pleaded guilty to any criminal offense in | 509 |
this state or any other state regarding a criminal records check | 510 |
of a type described in division (A)(13) of this section, and | 511 |
that is made by the superintendent with respect to information | 512 |
considered in a criminal records check in accordance with this | 513 |
section is valid for the person who is the subject of the | 514 |
criminal records check for a period of one year from the date | 515 |
upon which the superintendent makes the determination. During the | 516 |
period in which the determination in regard to a person is valid, | 517 |
if another request under this section is made for a criminal | 518 |
records check for that person, the superintendent shall provide | 519 |
the information that is the basis for the superintendent's | 520 |
initial determination at a lower fee than the fee prescribed for | 521 |
the initial criminal records check. | 522 |
(E) As used in this section: | 523 |
(1) "Criminal records check" means any criminal records check | 524 |
conducted by the superintendent of the bureau of criminal | 525 |
identification and investigation in accordance with division (B) | 526 |
of this section. | 527 |
(2) "Minor drug possession offense" has the same meaning as | 528 |
in section 2925.01 of the Revised Code. | 529 |
(3) "Older adult" means a person age sixty or older. | 530 |
Sec. 926.29. (A) A delayed price agreement is an executory | 531 |
contract that shall be in such a form and contain such terms as | 532 |
the director of agriculture shall adopt by rule under Chapter 119. | 533 |
of the Revised Code. The agreement shall be executed by and | 534 |
between the licensed handler and the depositor or by their | 535 |
authorized representatives not later than fifteen days after the | 536 |
first delivery of an agricultural commodity is received for | 537 |
delayed pricing under the agreement. The handler shall maintain a | 538 |
file of executed agreements that are available for inspection at | 539 |
any reasonable time by the director or the director's designated | 540 |
representative. The handler also shall keep records and ledgers | 541 |
the director considers necessary to document the handler's | 542 |
obligation to the depositor under a delayed price agreement. The | 543 |
handler also shall provide reports, forms, and other evidence the | 544 |
director shall adopt by rule to document the storage and marketing | 545 |
of commodities under the delayed price agreement. | 546 |
(B) Subject to the lien that attaches under section 926.021 | 547 |
of the Revised Code and except as otherwise provided in division | 548 |
(C) of this section, a licensed handler who purchases any | 549 |
agricultural commodity under a delayed price agreement at all | 550 |
times shall maintain the commodity, rights in the commodity, | 551 |
proceeds from the sale of the commodity, or a combination of the | 552 |
commodity, rights, and proceeds equal to at least ninety per cent | 553 |
of the value of the handler's obligation for all commodities that | 554 |
the handler has purchased that are not priced under delayed price | 555 |
agreements. The obligation shall be secured or represented by one | 556 |
or more of the following: | 557 |
(1) Maintenance of the commodity in storage in the handler's | 558 |
warehouse; | 559 |
(2) Rights in commodities as evidenced by a receipt or ticket | 560 |
for storage of the commodities under a bailment agreement in | 561 |
another warehouse approved by the director; | 562 |
(3) Proceeds from the sale of commodities as evidenced or | 563 |
represented by one or more of the following: | 564 |
(a) Cash on hand or held on account in a state or federally | 565 |
licensed financial institution or a lending agency of the farm | 566 |
credit administration; | 567 |
(b) Short-term investments held in time accounts with state | 568 |
or federally licensed financial institutions or a lending agency | 569 |
of the farm credit administration; | 570 |
(c) Balances in commodity margin accounts; | 571 |
(d) Commodities sold and shipped by the handler under delayed | 572 |
price agreements that have not been priced less any payments or | 573 |
advances that have been received by the handler; | 574 |
(e) Such other evidence of unencumbered assets as may be | 575 |
acceptable to the director, including an irrevocable letter of | 576 |
credit. | 577 |
(C) In addition to the lien that attaches under section | 578 |
926.021 of the Revised Code, a depositor who sells an agricultural | 579 |
commodity to a licensed handler under a delayed price agreement, | 580 |
upon giving notice to the handler either at or prior to the time | 581 |
of delivery, may demand as security for payment for the commodity | 582 |
an amount that, at the time of delivery, is equal to one hundred | 583 |
per cent of the national loan rate value of the commodity under | 584 |
the United States department of agriculture price support program, | 585 |
or seventy-five per cent of the average price being paid for the | 586 |
commodity in the state on the date of demand as published by the | 587 |
market news service of the department of agriculture, whichever is | 588 |
less. The handler shall satisfy a demand for security on a | 589 |
commodity sold under a delayed price agreement at the handler's | 590 |
option by one of the following: | 591 |
(1) Payment to the depositor by cash or | 592 |
account of the handler; | 593 |
(2) Causing an irrevocable letter of credit to be issued to | 594 |
the depositor by a | 595 |
handler securing payment in the specified amount. The letter of | 596 |
credit shall be subject to Chapter 1305. of the Revised Code and | 597 |
rules adopted by the director pursuant to Chapter 119. of the | 598 |
Revised Code. | 599 |
Sec. 1121.23. Whenever the approval of the superintendent of | 600 |
financial institutions is required under Chapters 1101. to 1127. | 601 |
of the Revised Code, or under an order or supervisory action | 602 |
issued or taken under those chapters, for a person to serve as an | 603 |
organizer, incorporator, director, executive officer, or | 604 |
controlling shareholder of a bank, or to otherwise have a | 605 |
substantial interest in or participate in the management of a | 606 |
bank, the superintendent shall request the superintendent of the | 607 |
bureau of criminal identification and investigation, or a vendor | 608 |
approved by the bureau, to conduct a criminal records check based | 609 |
on the person's fingerprints in accordance with division (A)(14) | 610 |
of section 109.572 of the Revised Code. The superintendent of | 611 |
financial institutions shall request that criminal record | 612 |
information from the federal bureau of investigation be obtained | 613 |
as part of the criminal records check. Any fee required under | 614 |
division (C)(3) of section 109.572 of the Revised Code shall be | 615 |
paid by the person who is the subject of the request. | 616 |
Sec. 1155.03. Whenever the approval of the superintendent of | 617 |
financial institutions is required under Chapters 1151. to 1157. | 618 |
of the Revised Code, or under an order or supervisory action | 619 |
issued or taken under those chapters, for a person to serve as an | 620 |
organizer, incorporator, director, executive officer, or | 621 |
controlling person of a savings and loan association, or to | 622 |
otherwise have a substantial interest in or participate in the | 623 |
management of a savings and loan association, the superintendent | 624 |
shall request the superintendent of the bureau of criminal | 625 |
identification and investigation, or a vendor approved by the | 626 |
bureau, to conduct a criminal records check based on the person's | 627 |
fingerprints in accordance with division (A)(14) of section | 628 |
109.572 of the Revised Code. The superintendent of financial | 629 |
institutions shall request that criminal record information from | 630 |
the federal bureau of investigation be obtained as part of the | 631 |
criminal records check. Any fee required under division (C)(3) of | 632 |
section 109.572 of the Revised Code shall be paid by the person | 633 |
who is the subject of the request. | 634 |
Sec. 1163.05. Whenever the approval of the superintendent of | 635 |
financial institutions is required under Chapters 1161. to 1165. | 636 |
of the Revised Code, or under an order or supervisory action | 637 |
issued or taken under those chapters, for a person to serve as an | 638 |
organizer, incorporator, director, executive officer, or | 639 |
controlling person of a savings bank, or to otherwise have a | 640 |
substantial interest in or participate in the management of a | 641 |
savings bank, the superintendent shall request the superintendent | 642 |
of the bureau of criminal identification and investigation, or a | 643 |
vendor approved by the bureau, to conduct a criminal records check | 644 |
based on the person's fingerprints in accordance with division | 645 |
(A)(14) of section 109.572 of the Revised Code. The superintendent | 646 |
of financial institutions shall request that criminal record | 647 |
information from the federal bureau of investigation be obtained | 648 |
as part of the criminal records check. Any fee required under | 649 |
division (C)(3) of section 109.572 of the Revised Code shall be | 650 |
paid by the person who is the subject of the request. | 651 |
Sec. 1315.141. Whenever the approval of the superintendent of | 652 |
financial institutions is required under sections 1315.01 to | 653 |
1315.18 of the Revised Code, or under an order or supervisory | 654 |
action issued or taken under those sections, for a person to serve | 655 |
as an organizer, incorporator, director, executive officer, or | 656 |
controlling person of a licensee, or to otherwise have a | 657 |
substantial interest in or participate in the management of a | 658 |
licensee, the superintendent shall request the superintendent of | 659 |
the bureau of criminal identification and investigation, or a | 660 |
vendor approved by the bureau, to conduct a criminal records check | 661 |
based on the person's fingerprints in accordance with division | 662 |
(A)(14) of section 109.572 of the Revised Code. The superintendent | 663 |
of financial institutions shall request that criminal record | 664 |
information from the federal bureau of investigation be obtained | 665 |
as part of the criminal records check. Any fee required under | 666 |
division (C)(3) of section 109.572 of the Revised Code shall be | 667 |
paid by the person who is the subject of the request. | 668 |
Sec. 1733.13. (A) Each voting member present in person, by | 669 |
proxy, or by mail ballot is entitled to cast one vote, | 670 |
irrespective of the number of shares | 671 |
matter properly submitted to the members for their vote, consent, | 672 |
waiver, release, or other action. | 673 |
(B) The | 674 |
vice-president, secretary, or treasurer of any association member | 675 |
of the credit union shall conclusively be presumed to have | 676 |
authority to cast the vote of such association member and to | 677 |
appoint proxies and execute consents, waivers, releases, on its | 678 |
behalf, unless before a vote is taken or a consent, waiver, or | 679 |
release is acted upon, it appears by a certified copy of the code | 680 |
of regulations, bylaws, or a resolution of the trustees, | 681 |
directors, or executive committee of the said association member, | 682 |
that such authority does not exist or is vested in some other | 683 |
officer or person. For the purposes of this section, a person | 684 |
exercising such authority as such officer is prima-facie to be | 685 |
considered duly elected, qualified, and acting as such officer. | 686 |
(C) If the articles or regulations so provide, any person, | 687 |
who is entitled to attend a members' meeting to vote thereat, or | 688 |
to execute consents, waivers, or releases, may: | 689 |
(1) Vote thereat, and execute consents, waivers, and | 690 |
releases, and exercise any of | 691 |
mail ballot delivered to the office of the credit union at least | 692 |
seven days prior to the date set for the meeting. At least thirty | 693 |
days' notice shall be given to all eligible members of the date | 694 |
set for such meeting. No mail ballot shall be valid after the | 695 |
expiration of eleven months after delivery to the credit union. | 696 |
The form of
any mail ballot | 697 |
established by the superintendent or have the prior written | 698 |
approval of the superintendent of credit unions. | 699 |
(2) Be represented at such meeting or vote thereat, and | 700 |
execute consents, waivers, and releases, and exercise any of | 701 |
the person's other rights, by proxy or proxies appointed by a | 702 |
writing signed by such person. No appointment of a proxy shall be | 703 |
valid after the expiration of eleven months after it is made. The | 704 |
form of
any proxy | 705 |
the superintendent or have the prior written approval of the | 706 |
superintendent. | 707 |
Sec. 1733.15. (A) Except as otherwise provided by law, the | 708 |
articles, or regulations, the corporate powers of a credit union | 709 |
shall be exercised, its business conducted, and its property | 710 |
controlled by a board of directors, provided that the number of | 711 |
directors fixed by the articles or regulations shall not be less | 712 |
than five. | 713 |
(B) All directors shall be voting members of the credit | 714 |
union. | 715 |
(C) The articles or regulations may divide directors into two | 716 |
or more classes whose terms of office shall expire at different | 717 |
times and may fix the term of office of the directors or of any | 718 |
class of directors at not more than three years from the date of | 719 |
their election. | 720 |
(D) For their own government, the directors may adopt or | 721 |
amend bylaws or adopt amended bylaws not inconsistent with the | 722 |
articles or regulations. | 723 |
(E) In discharging | 724 |
acting with reasonable care and in good faith, rely upon the books | 725 |
and records of the credit union, upon reports made to the credit | 726 |
union by an officer or employee or by any other person selected | 727 |
for the purpose with reasonable care by the credit union, and upon | 728 |
financial statements or written reports prepared by an officer or | 729 |
employee of the credit union in charge of its accounts or | 730 |
certified by a public accountant or firm of public accountants. | 731 |
(F) A credit union shall not elect or appoint a person to its | 732 |
board of directors who is presently serving as a director of | 733 |
another credit union, unless either of the following conditions | 734 |
has been met: | 735 |
(1) If the person presently serves on the board of directors | 736 |
of a credit union having assets of less than five million dollars, | 737 |
the credit union, prior to retaining the person's services, | 738 |
notifies the superintendent of credit unions in writing of the | 739 |
person's candidacy or appointment as a director. | 740 |
(2) If the person presently serves on the board of directors | 741 |
of a credit union having assets of five million dollars or more, | 742 |
the superintendent has approved the person's candidacy or | 743 |
appointment. | 744 |
(G) If the number of candidates for the board of directors | 745 |
does not exceed the number of director positions being elected, | 746 |
those candidates shall be deemed elected and shall serve as set | 747 |
forth in the articles or regulations. | 748 |
Sec. 1733.19. (A) The regulations may provide for the | 749 |
creation by the directors of an executive committee consisting of | 750 |
not less than three directors, and may authorize the delegation to | 751 |
any such committee of any of the authority of directors other than | 752 |
any action requiring more than a majority vote of the board of | 753 |
directors; provided, that the executive committee shall exercise | 754 |
only such authority in the interim between the meetings of the | 755 |
board and shall make a full report of, and the board shall review, | 756 |
all actions taken at any meeting of such committee at the next | 757 |
regular meeting of the board of directors following the meeting of | 758 |
the executive committee. | 759 |
(B) Unless the articles or regulations provide a different | 760 |
method for the establishment of a supervisory audit committee, the | 761 |
board of directors shall appoint a supervisory audit committee of | 762 |
not less than three individual voting members for such term as is | 763 |
provided in the regulations. The committee shall audit the books | 764 |
of the credit union at least annually, using generally accepted | 765 |
auditing procedures and standards, and shall report its findings | 766 |
to the board. Under the supervision of the supervisory audit | 767 |
committee, accounts showing installment payments by members upon | 768 |
shares of the credit union shall be verified at least annually. | 769 |
(C) In lieu of the appointment of a supervisory audit | 770 |
committee as provided in division (B) of this section, the board | 771 |
of directors may employ a public accountant or a firm of public | 772 |
accountants to perform the functions of a supervisory audit | 773 |
committee. The board of directors may appoint an audit committee | 774 |
to oversee the public accountant or firm of public accountants. | 775 |
(D) The superintendent of credit unions may require at any | 776 |
time that a credit union have its accounts audited in accordance | 777 |
with generally accepted auditing standards by an outside auditor. | 778 |
The outside auditor shall be retained, and expense of any such | 779 |
audit shall be paid, by the credit union. | 780 |
(E) Unless the articles or regulations provide for the | 781 |
appointment of loan officers in lieu of a credit committee, the | 782 |
board of directors shall appoint, or the members shall elect, a | 783 |
credit committee composed of not less than three individual voting | 784 |
members, which committee shall have such powers in the granting of | 785 |
loans and the supervision of lending practices as shall be | 786 |
delegated to it by the articles, regulations, or resolutions of | 787 |
the board of directors. The credit committee shall make regular | 788 |
reports of their activities to the board of directors, and the | 789 |
board of directors shall review the reports. | 790 |
(F) If the articles or regulations so provide, a credit union | 791 |
may establish an advisory board consisting of persons selected by | 792 |
the board of directors or their designee. Persons serving on the | 793 |
advisory board need not be members of the credit union, they may | 794 |
be paid per diem not exceeding thirty dollars per day and expenses | 795 |
for their services on such board, and their duties shall be to | 796 |
make recommendations on financial and policy matters of the credit | 797 |
union. | 798 |
(G) A credit union may establish such other committee or | 799 |
committees as shall be provided for in the articles, regulations, | 800 |
bylaws, or by resolution of the board of directors. | 801 |
Sec. 1733.241. (A) When a share, share account, or deposit | 802 |
is made in the name of two or more persons, payable to either or | 803 |
the survivor, the credit union may pay all of the share, share | 804 |
account, deposit, any part of the share, share account, deposit, | 805 |
or any interest earned on the share, share account, or deposit, to | 806 |
either of the named persons, or the guardian of the estate of | 807 |
either of the named persons, whether or not the other person is | 808 |
living. The receipt or acquittance of the person paid is a | 809 |
sufficient release and discharge of the credit union for any | 810 |
payments made from the account to that person. | 811 |
(B) A credit union may enter into a written contract with a | 812 |
natural person for the proceeds of the person's shares, share | 813 |
accounts, or deposits to be payable on the death of that person | 814 |
to another person or to any entity or organization in accordance | 815 |
with the terms, restrictions, and limitations set forth in | 816 |
sections 2131.10 and 2131.11 of the Revised Code. | 817 |
Sec. 1733.242. (A) On the terms and conditions the credit | 818 |
union prescribes, a credit union may do all of the following: | 819 |
(1) Provide safes, vaults, safe deposit boxes, night | 820 |
depositories, and other secure receptacles for the uses, purposes, | 821 |
and benefits of its members; | 822 |
(2) Receive tangible property and evidence of tangible or | 823 |
intangible property for safekeeping using the credit union's | 824 |
safes, vaults, secure receptacles, or safekeeping system; the | 825 |
safes, vaults, secure receptacles, or safekeeping system of | 826 |
another credit union; or the safekeeping system of a safekeeping | 827 |
agent or custodian. | 828 |
(B)(1) A credit union may enter into an agreement to rent a | 829 |
safe deposit box to a minor and accept the appointment of a minor | 830 |
as agent or deputy on any deposit or safe deposit box by any | 831 |
person, including a minor, maintaining the deposit or safe deposit | 832 |
box. | 833 |
(2) When a credit union enters into a safe deposit box rental | 834 |
agreement with a minor pursuant to division (B)(1) of this | 835 |
section, all of the following apply: | 836 |
(a) The terms and conditions of the safe deposit box rental | 837 |
agreement are binding on the minor the same as a person of legal | 838 |
age who rents a safe deposit box. | 839 |
(b) The relationship between the credit union and the minor | 840 |
regarding the safe deposit box rental agreement is in all respects | 841 |
the same as if the minor were a person of legal age. | 842 |
(c) The credit union shall incur no liability for any | 843 |
transaction regarding the safe deposit box solely because of doing | 844 |
business with a minor. | 845 |
(3) Nothing in divisions (B)(1) and (2) of this section shall | 846 |
be construed to limit the parental rights provided under section | 847 |
2111.08 of the Revised Code or to limit the rights of a guardian | 848 |
appointed pursuant to Chapter 2111. of the Revised Code. | 849 |
(C) The superintendent of financial institutions shall | 850 |
promulgate rules to qualify a credit union, safekeeping agent, or | 851 |
custodian that may receive from another credit union tangible | 852 |
property and evidence of tangible or intangible property for | 853 |
safekeeping pursuant to division (A) of this section. | 854 |
Sec. 1733.243. If any claim is made to any share, share | 855 |
account, deposit, safe deposit box, property held in safekeeping, | 856 |
security, obligation, or other property in the credit union's | 857 |
possession or control, in whole or in part, by any person, | 858 |
including any member, depositor, individual, or group of | 859 |
individuals, without clear authority to draw on or exercise any | 860 |
right or control with respect to the property, the credit union is | 861 |
not required to recognize the claim without one of the following: | 862 |
(A) A court order, issued by a court of competent | 863 |
jurisdiction and served on the credit union, enjoining or | 864 |
restraining the credit union from taking any action with respect | 865 |
to the property or instructing the credit union to pay the balance | 866 |
of the account, provide access to the safe deposit box, or deliver | 867 |
the property as provided in the order; | 868 |
(B) A bond, provided by the person making the claim, in the | 869 |
form and amount and with sureties satisfactory to the credit | 870 |
union, indemnifying the credit union against any liabilities, | 871 |
loss, and expenses the credit union might incur because of its | 872 |
recognition of the claim or because of its refusal, due to the | 873 |
claim, to honor or recognize any right with respect to the | 874 |
property. | 875 |
Sec. 1733.29. (A) A credit union shall keep a permanent | 876 |
record including: | 877 |
(1) The original articles and regulations and amendments | 878 |
thereto and any amended articles or regulations and amendments | 879 |
thereto, all bearing the approval of the superintendent of credit | 880 |
unions, and the articles shall bear the certification of the | 881 |
secretary of state; | 882 |
(2) The minutes of the incorporators, members, and board of | 883 |
directors. | 884 |
(B) A credit union shall keep for a period of not less than | 885 |
six years the minutes of all committees of the board. | 886 |
(C) A credit union shall keep and maintain such financial | 887 |
records as the superintendent shall stipulate in rules issued by | 888 |
the superintendent, which shall also include the minimum length of | 889 |
time such records must be retained. | 890 |
(D) A credit union shall maintain an alphabetical listing or | 891 |
classified listing of the addresses of members of the credit | 892 |
union. | 893 |
(E) A credit union shall maintain a copy of any suspicious | 894 |
activity report it files pursuant to rules adopted by the | 895 |
superintendent or national credit union administration | 896 |
regulation, and the original of all attachments to the report, | 897 |
for a period of five years from the date the report is filed. | 898 |
(F) A credit union shall keep any other records of its | 899 |
business and transactions and maintain the authorized processes | 900 |
for recording or storing documents or instruments, as may be | 901 |
required by rules promulgated by the superintendent. | 902 |
| 903 |
if, in the regular course of business, a credit union possesses, | 904 |
records, or generates any document, representation, image, | 905 |
reproduction, or combination thereof, of any agreement, | 906 |
transaction, act, occurrence, or event, then the recording, | 907 |
comprising, or reproduction shall have the same force and effect | 908 |
as one comprised, recorded, or created on paper or other tangible | 909 |
form by writing, typing, printing, or similar means. | 910 |
| 911 |
in any communication, acknowledgment, agreement, or contract | 912 |
between a credit union and its member or any other person, in | 913 |
which a signature is required or used. | 914 |
(2)(a) Any party to the communication, acknowledgment, | 915 |
agreement, or contract may affix a signature by use of a digital | 916 |
signature. | 917 |
(b) The digital signature, when lawfully used by the person | 918 |
whose signature it purports to be, shall have the same force and | 919 |
effect as the use of a manual signature if it is unique to the | 920 |
person using it, is capable of verification, is under the sole | 921 |
control of the person using it, and is linked to data in such a | 922 |
manner that if the data are changed, the digital signature is | 923 |
invalidated. | 924 |
(c) Nothing in this section requires any credit union to use | 925 |
or permit the use of a digital signature. | 926 |
(d) As used in division | 927 |
signature" means an encrypted electronic identifier, created by | 928 |
computer, intended by the party using it to have the same force | 929 |
and effect as the use of a manual signature. | 930 |
| 931 |
932 | |
933 | |
934 | |
935 | |
936 | |
937 | |
938 | |
939 | |
940 | |
941 | |
942 | |
943 | |
944 | |
945 | |
946 | |
947 | |
948 | |
949 | |
950 | |
951 | |
952 |
Sec. 1733.291. (A) Every credit union shall retain or | 953 |
preserve the following credit union records and supporting | 954 |
documents for only the following periods of time: | 955 |
(1) For one year: | 956 |
(a) Broker's confirmations, invoices, and statements relating | 957 |
to security transactions of the credit union or for or with its | 958 |
customers, after the date of transaction; | 959 |
(b) Corporate resolutions, partnership authorizations, and | 960 |
similar authorizations relating to closed accounts, loans that | 961 |
have been paid, or other completed transactions, after the date of | 962 |
closing, payment, or completion; | 963 |
(c) Ledger records of safe deposit accounts, after the date | 964 |
of last entry on the ledger; | 965 |
(d) Night depository records, after the date of transaction; | 966 |
(e) Records relating to closed Christmas club or similar | 967 |
limited duration special purpose accounts, after the date of | 968 |
closing; | 969 |
(f) Records relating to customer collection accounts, after | 970 |
the date of transaction; | 971 |
(g) Stop payment orders, after the effective date; | 972 |
(h) All records relating to closed consumer credit loans and | 973 |
discounts, after the date of closing; | 974 |
(i) Deposit tickets relating to demand deposit accounts, | 975 |
after the date of deposit. | 976 |
(2) For six years: | 977 |
(a) Deposit and withdrawal tickets relating to open or closed | 978 |
savings accounts, after the date of transaction; | 979 |
(b) Individual ledger sheets or other records serving the | 980 |
same purpose that show a zero balance and that relate to demand, | 981 |
time, or savings deposit accounts, and safekeeping accounts, after | 982 |
the date of last entry, or, where the ledger sheets or other | 983 |
records show an open balance, after the date of transfer of the | 984 |
amount of the balance to another ledger sheet or record; | 985 |
(c) Official checks, drafts, money orders, and other | 986 |
instruments for the payment of money issued by the credit union | 987 |
and that have been canceled, after the date of issue; | 988 |
(d) Records relating to closed escrow accounts, after the | 989 |
date of closing; | 990 |
(e) Records, other than corporate resolutions, partnership | 991 |
authorizations, and similar authorizations relating to closed | 992 |
loans and discounts other than consumer credit loans and | 993 |
discounts, after the date of closing; | 994 |
(f) Safe deposit access tickets and correspondence or | 995 |
documents relating to access, after the date of transaction; | 996 |
(g) Lease or contract records relating to closed safe deposit | 997 |
accounts, after the date of closing; | 998 |
(h) Signature cards relating to closed demand, savings, or | 999 |
time accounts, closed safe deposit accounts, and closed | 1000 |
safekeeping accounts, after the date of closing; | 1001 |
(i) Undelivered statements for demand deposit, negotiable | 1002 |
order of withdrawal, savings, agency, brokerage, or other accounts | 1003 |
for which customer statements are prepared, and canceled checks or | 1004 |
other items, after the date of statement, provided the credit | 1005 |
union has attempted to send the statements and checks or other | 1006 |
items to its customer, has held them pursuant to the instructions | 1007 |
of or an agreement with its customer, or has made them available | 1008 |
to its customer. | 1009 |
(B) The superintendent of financial institutions may | 1010 |
designate a retention period of either one year or six years for | 1011 |
any record maintained by a credit union but not listed in division | 1012 |
(A) of this section. The credit union shall retain or preserve | 1013 |
records that are not listed in division (A) of this section and | 1014 |
for which the superintendent has not designated a retention period | 1015 |
for six years from the date of completion of the transaction to | 1016 |
which the record relates or, if the last entry has been | 1017 |
transferred to a new record showing the continuation of a | 1018 |
transaction not yet completed, from the date of the last entry. | 1019 |
(C) The requirements of divisions (A) and (B) of this section | 1020 |
may be complied with by the preservation of records in the manner | 1021 |
prescribed in section 1733.29 of the Revised Code. | 1022 |
(D) In construing the terms set forth in division (A) of this | 1023 |
section, reference may be made to general credit union usage. | 1024 |
(E) A credit union may dispose of any records that have been | 1025 |
retained or preserved for the period set forth in divisions (A) | 1026 |
and (B) of this section. | 1027 |
(F) Any action by or against a credit union based on, or the | 1028 |
determination of which would depend on, the contents of records | 1029 |
for which a period of retention or preservation is set forth in | 1030 |
divisions (A) and (B) of this section shall be brought within the | 1031 |
time for which the record must be retained or preserved. | 1032 |
(G) Where a record may be classified under either division | 1033 |
(A)(1) or (2) of this section, the credit union shall retain or | 1034 |
preserve the record for the period set forth in division (A)(2) of | 1035 |
this section. | 1036 |
Sec. 1733.292. (A) A credit union may, for any business | 1037 |
purpose, retain a document, paper, or other instrument or record | 1038 |
by use of a process to record, copy, photograph, or store a | 1039 |
representation of the original document, paper, or other | 1040 |
instrument or record, if all of the following apply: | 1041 |
(1) The process correctly and accurately copies or | 1042 |
reproduces, or provides a means for correctly and accurately | 1043 |
copying or reproducing, the original document, paper, or other | 1044 |
instrument or record with regard to both its substance and | 1045 |
appearance, except the copy or reproduction need not reflect the | 1046 |
original paper or other medium, size, or color, unless the medium, | 1047 |
size, or color is necessary to establish the authenticity of the | 1048 |
original. | 1049 |
(2) The process does not permit the recording, copy, | 1050 |
photographic image, or stored representation of the original | 1051 |
document, paper, or other instrument or record to be altered or | 1052 |
manipulated. | 1053 |
(3) Any medium the process uses to record, copy, photograph, | 1054 |
or store a representation of the original document, paper, or | 1055 |
other instrument or record is a durable medium for retaining and | 1056 |
reproducing records. | 1057 |
(B) The superintendent of financial institutions shall | 1058 |
identify and publish a list of processes that satisfy the | 1059 |
conditions of division (A) of this section. | 1060 |
(C) Each credit union that uses a process authorized by this | 1061 |
section to preserve any of its records shall also provide for | 1062 |
safekeeping and for examining, viewing, or projecting the records | 1063 |
preserved, and for producing reproductions of the original | 1064 |
records. | 1065 |
(D) Recordings, copies, photographic images, or stored | 1066 |
representations of original documents, papers, or other | 1067 |
instruments or records made in accordance with this section, or | 1068 |
reproductions of original documents, papers, or other instruments | 1069 |
or records produced from recordings, copies, photographic images, | 1070 |
or stored representations made in accordance with this section, | 1071 |
when properly identified by the officer by whom or under whose | 1072 |
supervision they were made or who has custody of them, have the | 1073 |
same effect at law as the original records or records made by any | 1074 |
other legally authorized means. They may be offered in the same | 1075 |
manner and shall be received in evidence in any court where the | 1076 |
original records, or records made by other legally authorized | 1077 |
means, could have been introduced and received. Certified or | 1078 |
authenticated duplicates of recordings, copies, photographic | 1079 |
images, or stored representations of original documents, papers, | 1080 |
or other instruments or records made in accordance with this | 1081 |
section, or of reproductions of original documents, papers, or | 1082 |
other instruments or records produced from recordings, copies, | 1083 |
photographic images, or stored representations made in accordance | 1084 |
with this section, shall be admitted in evidence in the same | 1085 |
manner as the original documents, papers, or other instruments or | 1086 |
records. | 1087 |
Sec. 1733.329. (A) There is hereby created in the division | 1088 |
of financial institutions the credit union council, which shall | 1089 |
consist of seven members. The deputy superintendent for credit | 1090 |
unions shall be a member of the council and its chairperson. The | 1091 |
governor, with the advice and consent of the senate, shall appoint | 1092 |
the remaining six members. | 1093 |
(B)(1) At least five of the six members appointed to the | 1094 |
council shall have had credit union experience. | 1095 |
(2) At least four of the six members appointed to the council | 1096 |
shall be, at the time of appointment, individuals currently | 1097 |
engaged in the exercise of duties, responsibilities, rights, and | 1098 |
powers of a director or chief executive officer of a | 1099 |
state-chartered credit union having its principal office in this | 1100 |
state and doing business in this state pursuant to this chapter | 1101 |
under the authority of the superintendent of financial | 1102 |
institutions. | 1103 |
(3) At least one of the six members appointed to the council | 1104 |
shall be a director or chief executive officer of a | 1105 |
state-chartered, federally insured credit union. | 1106 |
(4) At least one of the six members appointed to the council | 1107 |
shall be a director or chief executive officer of a | 1108 |
state-chartered, privately insured credit union. | 1109 |
(5) At least one of the six members appointed to the council | 1110 |
shall be a director or chief executive officer of a | 1111 |
state-chartered credit
union with | 1112 |
or less in assets. | 1113 |
(6) At least one of the six members appointed to the council | 1114 |
shall be a director or chief executive officer of a | 1115 |
state-chartered credit
union with more than | 1116 |
dollars in assets. | 1117 |
(C)(1) Initial appointments to the council shall be made | 1118 |
within sixty days after the effective date of this section. Of the | 1119 |
initial appointments, two shall expire one year after the | 1120 |
effective date of this section, two shall expire two years after | 1121 |
the effective date of this section, and two shall expire three | 1122 |
years after the effective date of this section. Thereafter, terms | 1123 |
of office shall be for three years. | 1124 |
(2) Each member shall hold office from the date of | 1125 |
appointment until the end of the term for which the member was | 1126 |
appointed. In the case of a vacancy in the office of any member, | 1127 |
the governor shall appoint a successor, who shall hold office for | 1128 |
the remainder of the term for which the successor's predecessor | 1129 |
was appointed. Any member shall continue in office subsequent to | 1130 |
the expiration date of the member's term until the member's | 1131 |
successor takes office, or until sixty days has elapsed, whichever | 1132 |
occurs first. | 1133 |
(3) If during a member's term on the council, the member | 1134 |
ceases to be a director or chief executive officer of a credit | 1135 |
union as described in divisions (B)(2) to (6) of this section for | 1136 |
a period exceeding ninety days, the member shall be ineligible to | 1137 |
continue to serve as a member of the council, and the member's | 1138 |
position on the council shall be considered vacant. | 1139 |
(D) No person appointed as a member of the credit union | 1140 |
council may serve more than two consecutive full terms. However, a | 1141 |
member may serve two consecutive full terms following the | 1142 |
remainder of a term for which the member was appointed to fill a | 1143 |
vacancy or following any term for which the member was appointed | 1144 |
prior to the effective date of this section. | 1145 |
(E)(1) The council shall hold regular meetings at the time | 1146 |
and place it fixes, but at least once every six months, and shall | 1147 |
meet at any time on call of the deputy superintendent to conduct | 1148 |
its business and to decide by vote of the members the location of | 1149 |
future meetings. Each member shall be provided with written notice | 1150 |
of the time and location of each council meeting at least two days | 1151 |
prior to the scheduled date of the meeting, unless the council by | 1152 |
resolution provides for a shorter time. Four of the members of the | 1153 |
council constitute a quorum to transact and vote on all business | 1154 |
coming before the council. | 1155 |
(2) The council, by a majority vote of those present at a | 1156 |
meeting at which there is a quorum, may adopt and amend bylaws and | 1157 |
rules the council considers necessary and proper. The council | 1158 |
shall select one of its members as secretary, who shall keep a | 1159 |
record of all its proceedings. | 1160 |
(3) No member shall participate in a proceeding before the | 1161 |
council involving any credit union of which the member is or was | 1162 |
at any time in the preceding twelve months a member of the board | 1163 |
of directors, an officer, an employee, or a shareholder. A member | 1164 |
may refrain from participating in the proceedings of the council | 1165 |
for any other cause the member considers sufficient. | 1166 |
(F) The members of the council shall receive no salary, but | 1167 |
their expenses incurred in performance of their duties shall be | 1168 |
paid from funds appropriated for that purpose. | 1169 |
(G) The governor may remove any of the six members appointed | 1170 |
to the council whenever in the governor's judgment the public | 1171 |
interest requires removal. Upon removing a member of the council, | 1172 |
the governor shall file with the superintendent of financial | 1173 |
institutions a statement of the cause for the removal. | 1174 |
Sec. 1733.34. (A) Any credit union may, with the approval of | 1175 |
the superintendent of credit unions, merge with any other credit | 1176 |
union under the existing charter of the other credit union, | 1177 |
pursuant to any plan approved by the board of directors of each | 1178 |
credit union joining in the merger, and approved by
| 1179 |
majority of the members of each credit union represented at a | 1180 |
meeting of members in person, by ballot, or by proxy, duly called | 1181 |
for such purpose, at which a
| 1182 |
entire membership is present, unless such meeting of members of | 1183 |
either credit union has been waived by the superintendent. The | 1184 |
superintendent may waive the members' vote if it is in the | 1185 |
interest of the members, credit union, or for any other reason | 1186 |
the superintendent deems proper. After such approval of the board | 1187 |
and
members of each credit union, the president or | 1188 |
chairperson of the board and secretary of each credit union shall | 1189 |
execute a certificate of merger, which shall set forth all of the | 1190 |
following: | 1191 |
(1) The time and place of the meeting of the board of | 1192 |
directors at which the plan was agreed upon; | 1193 |
(2) The vote in favor of adoption of the plan; | 1194 |
(3) A copy of the resolution or other action by which the | 1195 |
plan was agreed upon; | 1196 |
(4) The time and place of the meeting of the members at which | 1197 |
the plan agreed upon was approved; | 1198 |
(5) The vote by which the plan was approved by the members. | 1199 |
(B) Such certificates and a copy of the plan of merger agreed | 1200 |
upon shall be forwarded to the superintendent and, upon approval, | 1201 |
returned to the merging credit unions. | 1202 |
(C) Upon any such merger so effected, all property, property | 1203 |
rights, and interests of the merged credit unions shall vest in | 1204 |
the surviving credit union without deed, endorsement, or other | 1205 |
instrument of transfer, and all debts, obligations, and | 1206 |
liabilities of the merged credit unions shall be deemed to have | 1207 |
been assumed by the surviving credit union under whose charter the | 1208 |
merger was effected. | 1209 |
(D) This section shall be construed, whenever possible, to | 1210 |
permit a credit union chartered under any other act to merge with | 1211 |
one chartered under this act. | 1212 |
(E) All persons and associations eligible for membership, as | 1213 |
provided in section 1733.05 of the Revised Code, of both credit | 1214 |
unions effecting a merger shall be deemed to have a common bond of | 1215 |
association. | 1216 |
Sec. 1733.47. Whenever the approval of the superintendent of | 1217 |
credit unions is required under this chapter, or under an order or | 1218 |
supervisory action issued or taken under this chapter, for a | 1219 |
person to serve as an organizer, incorporator, director, or | 1220 |
executive officer of a credit union, or to otherwise participate | 1221 |
in the management of a credit union, the superintendent shall | 1222 |
request the superintendent of the bureau of criminal | 1223 |
identification and investigation, or a vendor approved by the | 1224 |
bureau, to conduct a criminal records check based on the person's | 1225 |
fingerprints in accordance with division (A)(14) of section | 1226 |
109.572 of the Revised Code. The superintendent of credit unions | 1227 |
shall request that criminal record information from the federal | 1228 |
bureau of investigation be obtained as part of the criminal | 1229 |
records check. Any fee required under division (C)(3) of section | 1230 |
109.572 of the Revised Code shall be paid by the person who is the | 1231 |
subject of the request. | 1232 |
Sec. 1761.26. Whenever the approval of the superintendent of | 1233 |
credit unions is required under this chapter, or under an order or | 1234 |
supervisory action issued or taken under this chapter, for a | 1235 |
person to serve as an organizer, incorporator, director, or | 1236 |
executive officer of a credit union share guaranty corporation, or | 1237 |
to otherwise participate in the management of such a corporation, | 1238 |
the superintendent shall request the superintendent of the bureau | 1239 |
of criminal identification and investigation, or a vendor approved | 1240 |
by the bureau, to conduct a criminal records check based on the | 1241 |
person's fingerprints in accordance with division (A)(14) of | 1242 |
section 109.572 of the Revised Code. The superintendent of credit | 1243 |
unions shall request that criminal record information from the | 1244 |
federal bureau of investigation be obtained as part of the | 1245 |
criminal records check. Any fee required under division (C)(3) of | 1246 |
section 109.572 of the Revised Code shall be paid by the person | 1247 |
who is the subject of the request. | 1248 |
Section 2. That existing sections 109.572, 926.29, 1733.13, | 1249 |
1733.15, 1733.19, 1733.29, 1733.329, and 1733.34 of the Revised | 1250 |
Code are hereby repealed. | 1251 |