As Reported by the Senate Finance and Financial Institutions Committee

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 247

Senator Spada 

Cosponsors: Senators Grendell, Seitz, Padgett, Schuring, Buehrer, Mumper, Cates, Roberts, Cafaro, Kearney, Morano 

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A BILL

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

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

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), or	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), or (12), or	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), or (12), or (14) of this	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), or (A)(12), or (A)(14)	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 bank draft on the	592
account of the handler;	593

(2) Causing an irrevocable letter of credit to be issued to	594
the depositor by a bankfinancial institution designated by the	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 hethe member owns, on each	671
matter properly submitted to the members for their vote, consent,	672
waiver, release, or other action.	673

(B) The chairmanchairperson of the board, the president, any	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 histhe person's other rights, by	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 mustshall comply with criteria	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 his	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 mustshall comply with criteria established by	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 hisofficial duties, a director may, when	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

(F)(G) A credit union may keep documents in electronic form	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

(G)(H)(1) A credit union may make use of digital signatures	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 (G)(H) of this section, "digital	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

(H) Recordings, copies, photographic images, or stored	931
representations of original documents, papers, or other	932
instruments or records made in accordance with this section, or	933
reproductions of original documents, papers, or other instruments	934
or records produced from recordings, copies, photographic images,	935
or stored representations made in accordance with this section,	936
when properly identified by the officer by whom or under whose	937
supervision they were made or who has custody of them, have the	938
same effect at law as the original records or records made by any	939
other legally authorized means. They may be offered in the same	940
manner and shall be received in evidence in any court where the	941
original records, or records made by other legally authorized	942
means, could have been introduced and received. Certified or	943
authenticated duplicates of recordings, copies, photographic	944
images, or stored representations of original documents, papers,	945
or other instruments or records made in accordance with this	946
section, or of reproductions of original documents, papers, or	947
other instruments or records produced from recordings, copies,	948
photographic images, or stored representations made in accordance	949
with this section, shall be admitted in evidence in the same	950
manner as the original documents, papers, or other instruments or	951
records.	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 fivethirty-five million dollars	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 fivefifty million	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 two-thirdsa	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 minimum of ten per centquorum of the	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 chairman	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