Cosponsors:
Senators Spada, Schuring, Padgett, Coughlin, Schaffer, Grendell, Fedor, Amstutz, Austria, Boccieri, Buehrer, Cates, Faber, Harris, Kearney, Mason, Miller, R., Morano, Mumper, Niehaus, Sawyer, Schuler, Stivers, Wagoner, Wilson, Smith, Jacobson
Representatives Yuko, Mallory, Bacon, Blessing, Bolon, Chandler, Collier, Combs, DeBose, Domenick, Dyer, Evans, Flowers, Gibbs, Goyal, Grady, Hagan, J., Hite, Hughes, Luckie, Mandel, Mecklenborg, Nero, Newcomb, Oelslager, Otterman, J., Sayre, Schindel, Schneider, Setzer, Zehringer
(1) Except as otherwise provided in division (B)(2) of this | 40 |
section, within seventy-five days after a distributor receives | 41 |
written notice of termination or nonrenewal of its franchise | 42 |
pursuant to division (D) of section 1333.85 of the Revised Code, | 43 |
the distributor shall provide the successor manufacturer with the | 44 |
three previous years of financial statements and other relevant | 45 |
and reasonably necessary financial information regarding the | 46 |
diminished value of the distributor's business. The distributor | 47 |
and successor manufacturer shall negotiate in good faith to | 48 |
determine the diminished value of the distributor's business, and | 49 |
the successor manufacturer shall pay the distributor for that | 50 |
diminished value. | 51 |
(2) If the distributor and successor manufacturer are unable | 52 |
to negotiate in good faith or are unable to resolve the | 53 |
distributor's diminished value within ninety days of the date that | 54 |
notice of termination is given, either party may bring an action | 55 |
in the court of common pleas of the county in which the | 56 |
distributor's principal place of business in this state is located | 57 |
within ninety days of the date that notice of termination is | 58 |
given, except that the parties may mutually agree in writing to | 59 |
extend that ninety-day period. | 60 |
(5) If the court is unable to determine the diminished value | 73 |
of the distributor's business within ninety days after the action | 74 |
is filed, the court shall order the successor manufacturer to pay | 75 |
its last good faith offer to the distributor on the ninety-first | 76 |
day after the action is filed and shall treat the manufacturer's | 77 |
application for that order as a request for emergency injunctive | 78 |
relief without the need for any showing of irreparable harm. Upon | 79 |
payment of the amount of its last good faith offer to the | 80 |
distributor, the successor manufacturer may transfer the brands to | 81 |
a new distributor. After the successor manufacturer's payment of | 82 |
that amount to the distributor and its transfer of the brands, the | 83 |
court shall determine the diminished value of the distributor's | 84 |
business. The successor manufacturer shall pay the distributor the | 85 |
amount of the diminished value determined by the court less the | 86 |
amount of its last good faith offer previously paid pursuant to | 87 |
division (B)(5) of this section. | 88 |
(A) "Deception" means knowingly deceiving another or
causing | 93 |
another to be deceived by any false or misleading
representation, | 94 |
by withholding information, by preventing another
from acquiring | 95 |
information, or by any other conduct, act, or
omission that | 96 |
creates, confirms, or perpetuates a false
impression in another, | 97 |
including a false impression as to law,
value, state of mind, or | 98 |
other objective or subjective fact. | 99 |
(D) "Owner" means, unless the context requires a different | 114 |
meaning, any person, other than the actor, who is
the owner of, | 115 |
who has possession or control of, or who has
any license
or | 116 |
interest in property or services, even though the ownership, | 117 |
possession, control, license, or interest is unlawful. | 118 |
(E) "Services" include labor, personal services,
professional | 119 |
services, rental services, public utility services including | 120 |
wireless service as defined in division (F)(1) of section 4931.40 | 121 |
of the Revised Code, common carrier
services, and food, drink, | 122 |
transportation, entertainment, and
cable television services
and, | 123 |
for purposes of section 2913.04 of
the Revised Code, include cable | 124 |
services as defined in that
section. | 125 |
(F) "Writing" means any computer software, document,
letter, | 126 |
memorandum, note, paper, plate, data, film, or other
thing having | 127 |
in or upon it any written, typewritten, or printed
matter, and any | 128 |
token, stamp, seal, credit card,
badge, trademark, label, or other | 129 |
symbol of value, right,
privilege, license, or identification. | 130 |
(1) A violation of section 2911.01, 2911.02, 2911.11, | 149 |
2911.12, 2911.13, 2911.31, 2911.32, 2913.02, 2913.03, 2913.04, | 150 |
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31,
2913.32, | 151 |
2913.33, 2913.34,
2913.40, 2913.42, 2913.43, 2913.44, 2913.45, | 152 |
2913.47, former section
2913.47 or 2913.48, or section 2913.51, | 153 |
2915.05,
or 2921.41 of the Revised Code; | 154 |
(M) "Computer" means an electronic device that performs | 172 |
logical, arithmetic, and memory functions by the manipulation of | 173 |
electronic or magnetic impulses. "Computer" includes, but is not | 174 |
limited to, all input, output, processing, storage, computer | 175 |
program, or communication facilities that are connected, or | 176 |
related, in a computer system or network to an electronic
device | 177 |
of that nature. | 178 |
(U) "Credit card" includes, but is not limited to, a card, | 212 |
code, device, or other means of access to a customer's account
for | 213 |
the purpose of obtaining money, property, labor, or services
on | 214 |
credit, or for initiating an electronic fund transfer at a | 215 |
point-of-sale terminal, an automated teller machine, or a cash | 216 |
dispensing machine. It also includes a county procurement card | 217 |
issued under section 301.29 of the Revised Code. | 218 |
(X) "Telecommunication" means the origination,
emission, | 228 |
dissemination, transmission, or reception of data, images, | 229 |
signals,
sounds, or other intelligence or equivalence of | 230 |
intelligence of
any nature over any communications system by any | 231 |
method,
including, but not limited to, a fiber optic, electronic, | 232 |
magnetic, optical, digital, or analog method. | 233 |
(Y) "Telecommunications
device" means any instrument, | 234 |
equipment, machine, or other
device that facilitates | 235 |
telecommunication, including, but not
limited to, a computer, | 236 |
computer network, computer chip, computer
circuit, scanner, | 237 |
telephone, cellular telephone, pager, personal
communications | 238 |
device, transponder, receiver, radio, modem, or
device that | 239 |
enables the use of a modem. | 240 |
(AA) "Counterfeit
telecommunications device" means a | 245 |
telecommunications device that,
alone or with another | 246 |
telecommunications device, has been altered,
constructed, | 247 |
manufactured, or programmed to acquire, intercept, receive, or | 248 |
otherwise facilitate the use of a telecommunications service or | 249 |
information
service without the
authority or consent of the | 250 |
provider of the telecommunications
service or information service. | 251 |
"Counterfeit telecommunications device"
includes, but
is not | 252 |
limited to, a clone telephone, clone microchip, tumbler
telephone, | 253 |
or tumbler microchip; a wireless scanning device
capable of | 254 |
acquiring, intercepting, receiving, or otherwise
facilitating the | 255 |
use of telecommunications service or information service
without | 256 |
immediate detection; or a device, equipment, hardware, or software | 257 |
designed for, or capable of, altering or changing the electronic | 258 |
serial number
in a wireless telephone. | 259 |
(BB)(1) "Information
service" means, subject to division | 260 |
(BB)(2) of this section, the
offering of a capability for | 261 |
generating, acquiring, storing,
transforming, processing, | 262 |
retrieving, utilizing, or making
available information via | 263 |
telecommunications, including, but not
limited to, electronic | 264 |
publishing. | 265 |
(DD) "Disabled adult" means a person who is eighteen years
of | 272 |
age
or older
and has some impairment of body or mind that makes | 273 |
the person unable to work
at any substantially remunerative | 274 |
employment that the person
otherwise would be able to perform and | 275 |
that will, with reasonable
probability, continue for a period of | 276 |
at least twelve months
without any present indication of recovery | 277 |
from the impairment, or who is
eighteen years of age or older and | 278 |
has been certified as permanently and
totally disabled by an | 279 |
agency
of this state or the United States that has the function of | 280 |
so classifying persons. | 281 |
(b) Misusing computer or network services including, but not | 295 |
limited to, mail transfer programs, file transfer programs, proxy | 296 |
servers, and web servers by performing functions not authorized by | 297 |
the owner of the computer, computer system, or computer network or | 298 |
other person authorized to give consent. As used in this division, | 299 |
"misuse of computer and network services" includes, but is not | 300 |
limited to, the unauthorized use of any of the following: | 301 |
(c)(i) Subject to division (II)(1)(c)(ii) of this section, | 308 |
using a group of computer programs commonly known as "port | 309 |
scanners" or "probes" to intentionally access any computer, | 310 |
computer system, or computer network without the permission of the | 311 |
owner of the computer, computer system, or computer network or | 312 |
other person authorized to give consent. The group of computer | 313 |
programs referred to in this division includes, but is not limited | 314 |
to, those computer programs that use a computer network to access | 315 |
a computer, computer system, or another computer network to | 316 |
determine any of the following: the presence or types of computers | 317 |
or computer systems on a network; the computer network's | 318 |
facilities and capabilities; the availability of computer or | 319 |
network services; the presence or versions of computer software | 320 |
including, but not limited to, operating systems, computer | 321 |
services, or computer contaminants; the presence of a known | 322 |
computer software deficiency that can be used to gain unauthorized | 323 |
access to a computer, computer system, or computer network; or any | 324 |
other information about a computer, computer system, or computer | 325 |
network not necessary for the normal and lawful operation of the | 326 |
computer initiating the access. | 327 |
(ii) The group of computer programs referred to in division | 328 |
(II)(1)(c)(i) of this section does not include standard computer | 329 |
software used for the normal operation, administration, | 330 |
management, and test of a computer, computer system, or computer | 331 |
network including, but not limited to, domain name services, mail | 332 |
transfer services, and other operating system services, computer | 333 |
programs commonly called "ping," "tcpdump," and "traceroute" and | 334 |
other network monitoring and management computer software, and | 335 |
computer programs commonly known as "nslookup" and "whois" and | 336 |
other systems administration computer software. | 337 |
(2) Except as otherwise
provided in this division or
division | 371 |
(B)(3), (4), (5), (6), (7), or (8) of
this section, a violation of | 372 |
this section is petty theft, a
misdemeanor of the first degree.
If | 373 |
the value of the property or
services stolen is five hundred | 374 |
dollars or more and is less than
five thousand dollars or if the | 375 |
property stolen is any of the
property listed in section 2913.71 | 376 |
of the Revised Code, a
violation of this section is theft, a | 377 |
felony of the fifth
degree. If the value of the property or | 378 |
services stolen is five
thousand dollars or more and is less than | 379 |
one hundred thousand
dollars, a violation of this
section is grand | 380 |
theft, a felony of the fourth degree. If the value of the
property | 381 |
or
services stolen is one hundred thousand dollars or
more and is | 382 |
less than five hundred thousand dollars, a
violation of this | 383 |
section is aggravated theft, a felony of
the
third degree.
If the | 384 |
value of the property or services is five hundred thousand dollars | 385 |
or more and is less than one million dollars, a violation of this | 386 |
section is aggravated theft, a felony of the second degree. If the | 387 |
value of the property or services
stolen is one million dollars or | 388 |
more, a violation of this section
is aggravated theft of one | 389 |
million dollars or more, a felony of
the first degree. | 390 |
(3) Except as otherwise provided in division (B)(4),
(5), | 391 |
(6), (7), or (8)
of this section, if the victim of the offense is | 392 |
an elderly
person or
disabled adult, a violation
of this section | 393 |
is theft
from an elderly person or disabled adult, and
division | 394 |
(B)(3) of
this section applies. Except as
otherwise provided in | 395 |
this
division, theft from an elderly person or disabled
adult is a | 396 |
felony of the fifth degree. If the value of the property or | 397 |
services stolen is five hundred dollars or more and is less than | 398 |
five thousand dollars, theft from an elderly person or disabled | 399 |
adult is a felony of the fourth degree. If the value of the | 400 |
property or services stolen is five thousand dollars or more and | 401 |
is less than twenty-five thousand dollars, theft from an elderly | 402 |
person or disabled adult is a felony of the third degree. If the | 403 |
value of the property or services stolen is twenty-five thousand | 404 |
dollars or more and is less than one hundred thousand dollars, | 405 |
theft from an elderly person or disabled adult is
a felony of the | 406 |
second degree. If the value of the property or services stolen is | 407 |
one hundred thousand dollars or more, theft from an elderly person | 408 |
or disabled adult is a felony of the first degree. | 409 |
(4) If the property stolen is a firearm or dangerous | 410 |
ordnance,
a violation of
this section is grand theft. Except as | 411 |
otherwise provided in this division, grand theft when the property | 412 |
stolen is a firearm or dangerous ordnance is a felony of
the third | 413 |
degree, and there is a presumption in favor of the court imposing | 414 |
a prison term for the offense. If the firearm or dangerous | 415 |
ordnance was stolen from a federally licensed firearms dealer, | 416 |
grand theft when the property stolen is a firearm or dangerous | 417 |
ordnance is a felony of the first degree. The offender shall serve | 418 |
a prison term imposed for grand theft when the property stolen is | 419 |
a firearm or dangerous ordnance consecutively to any other prison | 420 |
term or mandatory prison term previously or subsequently imposed | 421 |
upon the offender. | 422 |
(b) If the offender's driver's license, probationary
driver's | 450 |
license, commercial driver's license, temporary
instruction | 451 |
permit, or nonresident operating privilege has
previously been | 452 |
suspended pursuant to division (B)(9)(a) of this
section, impose a | 453 |
class seven suspension of the offender's license, permit, or | 454 |
privilege from the range specified in division (A)(7) of section | 455 |
4510.02 of the Revised Code, provided that the suspension shall be | 456 |
for at least six months. | 457 |
(10) In addition to the penalties described in division | 458 |
(B)(2) of this section, if the offender committed the violation by | 459 |
stealing rented property or rental services, the court may order | 460 |
that the offender make restitution pursuant to section 2929.18 or | 461 |
2929.28 of the Revised Code. Restitution may include, but is not | 462 |
limited to, the cost of repairing or replacing the stolen | 463 |
property, or the cost of repairing the stolen property
and any | 464 |
loss of revenue resulting from deprivation of the property
due to | 465 |
theft of rental services that is less than or equal to the
actual | 466 |
value of the property at the time it was rented. Evidence of | 467 |
intent to
commit
theft of rented property or rental services | 468 |
shall be
determined
pursuant to the provisions of section | 469 |
2913.72 of the
Revised
Code. | 470 |
(B) To establish that a rentee has an intent to commit theft | 487 |
of
rented property or rental services under division (A)(2) of | 488 |
this section, a
renter may issue a notice to a rentee demanding | 489 |
the return of rented property.
The renter shall mail the notice by | 490 |
certified mail, return receipt requested,
to the rentee at the | 491 |
address the rentee gave when the rental
contract was executed, or | 492 |
to the rentee at the last address the
rentee or the rentee's agent | 493 |
furnished in writing to the renter. | 494 |
(C) "Enterprise" includes any individual, sole | 526 |
proprietorship, partnership, limited partnership, corporation, | 527 |
trust, union, government agency, or other legal entity, or any | 528 |
organization, association, or group of persons associated in fact | 529 |
although not a legal entity. "Enterprise" includes illicit as
well | 530 |
as licit enterprises. | 531 |
For the purposes of the criminal penalties that may be | 552 |
imposed pursuant to section 2923.32 of the Revised Code, at least | 553 |
one of the incidents forming the pattern shall constitute a
felony | 554 |
under the laws of this state in existence at the time it was | 555 |
committed or, if committed in violation
of the laws of the United | 556 |
States or of any other state, shall
constitute a felony under the | 557 |
law of the United States or
the other state and would be a | 558 |
criminal offense under the law of this
state if committed in this | 559 |
state. | 560 |
(H) "Personal property" means any personal property, any | 568 |
interest in personal property, or any right, including, but not | 569 |
limited to, bank accounts, debts, corporate stocks, patents, or | 570 |
copyrights. Personal property and any beneficial interest in | 571 |
personal property are deemed to be located where the trustee of | 572 |
the property, the personal property, or the instrument evidencing | 573 |
the right is located. | 574 |
(a) A violation of section 1315.55, 1322.02, 2903.01, | 582 |
2903.02,
2903.03, 2903.04, 2903.11, 2903.12, 2905.01, 2905.02, | 583 |
2905.11,
2905.22, 2907.321, 2907.322, 2907.323, 2909.02, 2909.03, | 584 |
2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, | 585 |
2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2911.31, 2913.05, | 586 |
2913.06,
2921.02, 2921.03,
2921.04,
2921.11, 2921.12, 2921.32, | 587 |
2921.41, 2921.42, 2921.43,
2923.12, or
2923.17; division | 588 |
(F)(1)(a), (b), or (c) of section
1315.53;
division (A)(1) or (2) | 589 |
of section 1707.042; division (B),
(C)(4),
(D), (E), or (F) of | 590 |
section 1707.44; division
(A)(1) or (2) of
section 2923.20; | 591 |
division (J)(1) of
section 4712.02; section
4719.02, 4719.05, or | 592 |
4719.06; division (C), (D), or
(E) of section
4719.07; section | 593 |
4719.08; or division (A) of section 4719.09 of
the Revised Code. | 594 |
(b) Any violation of section 3769.11, 3769.15, 3769.16, or | 595 |
3769.19 of the
Revised Code as it existed prior to July 1, 1996, | 596 |
any violation of section 2915.02 of the Revised Code that occurs | 597 |
on or after
July 1, 1996, and that, had it occurred prior to that | 598 |
date, would have been a
violation of section 3769.11 of the | 599 |
Revised Code
as it existed prior to that date, or any violation of | 600 |
section 2915.05 of the
Revised Code that occurs on or after July | 601 |
1, 1996, and
that, had it occurred prior to that date, would
have | 602 |
been a violation of section 3769.15, 3769.16, or 3769.19 of the | 603 |
Revised
Code as it existed prior to that date. | 604 |
(c) Any violation of section 2907.21, 2907.22, 2907.31, | 605 |
2913.02, 2913.11, 2913.21, 2913.31, 2913.32, 2913.34, 2913.42, | 606 |
2913.47, 2913.51, 2915.03, 2925.03, 2925.04, 2925.05, or 2925.37 | 607 |
of the
Revised Code, any violation of section 2925.11 of the | 608 |
Revised Code that is a
felony of the first, second, third, or | 609 |
fourth degree and that occurs on or
after July 1, 1996, any | 610 |
violation of section 2915.02 of the Revised Code
that occurred | 611 |
prior to July 1, 1996, any violation of section 2915.02 of the | 612 |
Revised Code that occurs on or after July 1, 1996, and that, had | 613 |
it occurred
prior to that date, would not
have been a violation of | 614 |
section 3769.11 of the Revised Code as it existed
prior to that | 615 |
date, any violation of section 2915.06 of the Revised Code as it | 616 |
existed prior to July 1, 1996, or any violation of
division (B) of | 617 |
section 2915.05 of the Revised Code as it
exists on and after July | 618 |
1, 1996, when the proceeds of the violation, the
payments made in | 619 |
the violation, the amount of a claim for payment or for
any other | 620 |
benefit that is false or deceptive and that is involved
in the | 621 |
violation, or the value of the contraband or other
property | 622 |
illegally possessed, sold, or purchased in the violation
exceeds | 623 |
five hundred dollars, or any combination of violations described | 624 |
in
division (I)(2)(c) of this section when the total proceeds of | 625 |
the combination
of violations, payments made in the combination of | 626 |
violations,
amount of the claims for payment or for other benefits | 627 |
that is
false or deceptive and that is involved in the combination | 628 |
of
violations, or value of the contraband or other property | 629 |
illegally possessed, sold, or purchased in the combination of | 630 |
violations exceeds five hundred dollars; | 631 |
(e) Any violation or combination of violations of section | 634 |
2907.32 of the Revised Code involving any material or performance | 635 |
containing a display of bestiality or of sexual conduct, as | 636 |
defined in section 2907.01 of the Revised Code, that is explicit | 637 |
and depicted with clearly visible penetration of the genitals or | 638 |
clearly visible penetration by the penis of any orifice when the | 639 |
total proceeds of the violation or combination of violations, the | 640 |
payments made in the violation or combination of violations, or | 641 |
the value of the contraband or other property illegally
possessed, | 642 |
sold, or purchased in the violation or combination of
violations | 643 |
exceeds five hundred dollars; | 644 |
(f) Any combination of violations described in division | 645 |
(I)(2)(c) of this
section and violations of section
2907.32 of the | 646 |
Revised Code involving any material or performance
containing a | 647 |
display of bestiality or of sexual conduct, as
defined in section | 648 |
2907.01 of the Revised Code, that is explicit
and depicted with | 649 |
clearly visible penetration of the genitals or
clearly visible | 650 |
penetration by the penis of any orifice when the
total proceeds of | 651 |
the combination of violations, payments made in
the combination of | 652 |
violations, amount of the claims for payment
or for other benefits | 653 |
that is false or deceptive and that is
involved in the combination | 654 |
of violations, or value of the
contraband or other property | 655 |
illegally possessed, sold, or
purchased in the combination of | 656 |
violations exceeds five hundred
dollars. | 657 |
(b) By enacting division (I)(5)(a) of this section, it is the | 672 |
intent of the general assembly to add organized retail theft and | 673 |
the conduct described in division (I)(5)(a)(ii) of this section as | 674 |
conduct constituting corrupt activity. The enactment of division | 675 |
(I)(5)(a) of this section and the addition by division (I)(5)(a) | 676 |
of this section of organized retail theft and the conduct | 677 |
described in division (I)(5)(a)(ii) of this section as conduct | 678 |
constituting corrupt activity does not limit or preclude, and | 679 |
shall not be construed as limiting or precluding, any prosecution | 680 |
for a violation of section 2923.32 of the Revised Code that is | 681 |
based on one or more violations of section 2913.02 or 2913.51 of | 682 |
the Revised Code, one or more similar offenses under the laws of | 683 |
this state or any other state, or any combination of any of those | 684 |
violations or similar offenses, even though the conduct | 685 |
constituting the basis for those violations or offenses could be | 686 |
construed as also constituting organized retail theft or conduct | 687 |
of the type described in division (I)(5)(a)(ii) of this section. | 688 |
(L) "Unlawful debt" means any money or other thing of
value | 704 |
constituting principal or interest of a debt that is
legally | 705 |
unenforceable in this state in whole or in part because
the debt | 706 |
was incurred or contracted in violation of any federal
or state | 707 |
law relating to the business of gambling activity or
relating to | 708 |
the business of lending money at an usurious rate
unless the | 709 |
creditor proves, by a preponderance of the evidence,
that the | 710 |
usurious rate was not intentionally set and that it
resulted from | 711 |
a good faith error by the creditor, notwithstanding
the | 712 |
maintenance of procedures that were adopted by the creditor
to | 713 |
avoid an error of that nature. | 714 |
(M) "Animal activity" means any activity that involves the | 715 |
use of animals or animal parts, including, but not limited to, | 716 |
hunting, fishing, trapping, traveling, camping, the production, | 717 |
preparation, or processing of food or food products, clothing or | 718 |
garment manufacturing, medical research, other research, | 719 |
entertainment, recreation, agriculture, biotechnology, or service | 720 |
activity that involves the use of animals or animal parts. | 721 |
(N) "Animal facility" means a vehicle, building, structure, | 722 |
nature preserve, or other premises in which an animal is lawfully | 723 |
kept, handled, housed, exhibited, bred, or offered for sale, | 724 |
including, but not limited to, a zoo, rodeo, circus, amusement | 725 |
park, hunting preserve, or premises in which a horse or dog event | 726 |
is held. | 727 |
(O) "Animal or ecological terrorism" means the commission of | 728 |
any felony that involves causing or creating a substantial risk of | 729 |
physical harm to any property of another, the use of a deadly | 730 |
weapon or dangerous ordnance, or purposely, knowingly, or | 731 |
recklessly causing serious physical harm to property and that | 732 |
involves an intent to obstruct, impede, or deter any person from | 733 |
participating in a lawful animal activity, from mining, foresting, | 734 |
harvesting, gathering, or processing natural resources, or from | 735 |
being lawfully present in or on an animal facility or research | 736 |
facility. | 737 |