The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
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Sub. H. B. No. 46 Corrected VersionCorrected Version As Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Representatives Stewart, J., DeGeeter
Cosponsors:
Representatives Stewart, D., Daniels, Patton, Budish, Williams, S., Koziura, Sayre, Hite, Gibbs, Aslanides, Batchelder, Bolon, Book, Boyd, Brown, Bubp, Celeste, Chandler, Combs, DeBose, Distel, Domenick, Dyer, Evans, Flowers, Foley, Garrison, Goyal, Hagan, R., Harwood, Healy, Heard, Hughes, Latta, Letson, Luckie, Mallory, Miller, Oelslager, Okey, Otterman, Peterson, Strahorn, Sykes, Szollosi, Uecker, White, Williams, B., Yates
Senators Fedor, Mason, Goodman, Boccieri, Cafaro, Coughlin, Faber, Grendell, Harris, Jacobson, Kearney, Miller, D., Morano, Niehaus, Padgett, Roberts, Sawyer, Schaffer, Seitz, Spada, Wagoner, Wilson, Carey, Mumper, Austria
A BILL
To amend sections 125.18, 317.082, 319.28, 319.54,
2305.09, and 2901.13 and to
enact sections
109.941, 111.241, 149.434,
149.45,
1349.52, and
1349.53 of the Revised Code
to allow
a consumer
to place a security freeze on
the
consumer's
credit report, to require a public
office to
redact from a document that is otherwise
a public
record certain information, to require a
public
office to redact Social Security numbers or
federal tax identification numbers from any
document that is made available online to the
public through the internet, to require the Office
of Criminal Justice Services to make state funding
grants available to local law enforcement agencies
for enforcement of identity fraud laws, to require
the attorney general to support local law
enforcement agencies with the enforcement of
identity fraud laws, to enact a special
statute
of limitations for criminal prosecutions
and
civil actions against identity fraud, to allow a
safety worker to request the county auditor to
remove the safety
worker's name from the general
tax list of real and public utility
property and
the general duplicate of real and pubic utility
property and insert the safety worker's initials,
and to
prohibit
a county auditor from charging a
real property conveyance
fee to
a safety worker
who changes the current owner name on the general
tax list of real and public utility property and
the general
duplicate of real and public utility
property to the safety
worker's initials.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 125.18, 317.082, 319.28, 319.54,
2305.09, and 2901.13 be
amended and sections 109.941, 111.241,
149.434, 149.45, 1349.52,
and 1349.53 of the Revised Code be
enacted to read as follows:
Sec. 109.941. The attorney general shall cooperate with and
provide technical assistance to any local law enforcement agency
in the state, upon that agency's request, with respect to
enforcement of identity fraud crimes.
Sec. 111.241. (A) The secretary of state shall not accept a
document for filing or recording if the document includes any
individual's social security number or federal tax identification
number. If a document presented for filing or recording includes
any individual's social security number or federal tax
identification number and the secretary of state refuses to accept
that document for filing or recording, the secretary of state or
the person who attempted to file or record the document with the
secretary of state may immediately redact the individual's social
security number or federal tax identification number from the
document.
(B) Division (A) of this section does not apply to either of
the following:
(1) Any document that originates with any court or taxing
authority;
(2) Any publicly recorded document that is required by
federal or state law to include an individual's social security
number or federal tax identification number.
(C) This section does not apply to documents that were
executed by an individual prior to the effective date of this
section.
Sec. 125.18. (A) There is hereby established the office of
information technology housed within the department of
administrative services. The office shall be under the supervision
of a chief information officer to be appointed by the governor and
subject to removal at the pleasure of the governor. The chief
information officer shall serve as the director of the office.
(B) The director of the office of information technology
shall advise the governor regarding the superintendence and
implementation of statewide information technology policy.
(C) The director of the office of information technology
shall lead, oversee, and direct state agency activities related to
information technology development and use. In that regard, the
director shall do all of the following:
(1) Coordinate and superintend statewide efforts to promote
common use and development of technology by state agencies. The
office of information technology shall establish policies and
standards that govern and direct state agency participation in
statewide programs and initiatives.
(2) Establish policies and standards for the acquisition and
use of information technology by state agencies, including, but
not limited to, hardware, software, technology services, and
security, with which state agencies shall comply;
(3) Establish criteria and review processes to identify state
agency information technology projects that require alignment or
oversight. As appropriate, the office of information technology
shall provide the governor and the director of budget and
management with notice and advice regarding the appropriate
allocation of resources for those projects. The director of the
office of information technology may require state agencies to
provide, and may prescribe the form and manner by which they must
provide, information to fulfill the director's alignment and
oversight role;
(4) Establish policies and procedures for the security of
personal information that is maintained and destroyed by state
agencies;
(5) Employ a chief information security officer who is
responsible for the
implementation of the policies and procedures
described in
division (C)(4) of this section and for coordinating
the
implementation of those policies and procedures in all of the
state agencies;
(6) Employ a chief privacy officer who is responsible for
advising the office of information technology and state agencies
when establishing policies and procedures for the security of
personal information and developing education and training
programs regarding the state's security procedures.
(D)(1) The chief information
security officer shall assist
each state agency with the
development of an information
technology security strategic plan
and review that plan, and each
state agency shall submit that plan
to the office of information
technology. The chief information
security officer may require
that each state agency update its
information technology security
strategic plan annually as
determined by the chief information
officer.
(2) Prior to the implementation of any information technology
data system, a state agency shall prepare or have prepared a
privacy impact statement for that system.
(E) The office of information technology shall have the same
authority given to the department of administative administrative
services under
sections 125.01, 125.02, 125.023, 125.04, 125.05,
125.06, 125.07,
125.071, 125.072, 125.081, 125.09, 125.10,
125.11, and 125.25 of
the Revised Code for the purchase of
information technology
supplies and services for state agencies.
(E)(F) The office of information technology may make
contracts
for, operate, and superintend technology supplies and
services for
state agencies in accordance with this chapter.
(F)(G) The office of information technology may establish
cooperative agreements with federal and local government agencies
and state agencies that are not under the authority of the
governor for the provision of technology services and the
development of technology projects.
(G)(H) As used in this section, "state:
(1) "Personal information" has the same meaning as in section
149.45 of the Revised Code.
(2) "State agency" means every organized body, office, or
agency established by the laws of the state for the exercise of
any function of state government, other than any state-supported
institution of higher education, the office of the auditor of
state, treasurer of state, secretary of state, or attorney
general, the public employees retirement system, the Ohio police
and fire pension fund, the state teachers retirement system, the
school employees retirement system, the state highway patrol
retirement system, the general assembly or any legislative agency,
or the courts or any judicial agency.
Sec. 149.434. (A) Each public office or
person responsible
for public records shall maintain a database or
a list that
includes the name and date of birth of all public officials and
employees elected to
or employed by that public office. The
database or list is a
public record and shall be made available
upon a request made
pursuant to section 149.43 of the Revised
Code.
(B) As used in this section:
(1) "Employee" has the same meaning as in section 9.40 of the
Revised Code.
(2) "Public official" has the same meaning as in section
117.01 of the Revised Code.
(3) "Public record" has the same meaning as in section 149.43
of the Revised Code.
Sec. 149.45. (A) As
used in this section:
(1) "Personal information" means any of the following:
(a) An individual's social security number;
(b) An individual's federal tax identification number;
(c) An individual's driver's license number or state
identification number;
(d) An individual's checking account number, savings account
number, or credit card number.
(2) "Public record"
and "peace officer,
parole officer,
prosecuting
attorney, assistant prosecuting
attorney,
correctional employee,
youth services employee,
firefighter, or
EMT residential and
familial information" have the same
meanings
as in section
149.43 of the Revised Code.
(3) "Truncate" means to redact all but the last four digits
of an individual's social security number.
(B)(1) No public office or person responsible for a public
office's public records shall make available to the general public
on the internet any document that
contains an individual's social
security number without otherwise
redacting, encrypting, or
truncating the social security number.
(2) A public office or person responsible for a public
office's public records that prior to the effective date of this
section made available to the general public on the internet any
document that contains an
individual's social security number
shall redact, encrypt, or
truncate the
social security number
from that document.
(3) Divisions (B)(1) and (2) of this section do not apply to
documents that are only accessible through the internet with a
password.
(C)(1) An individual may request that a public office or a
person responsible for a public office's public records redact
personal information of that individual from any record made
available to the general public on the internet. An individual who
makes a request for redaction
pursuant to this division shall
make the request in writing on a
form developed by the attorney
general and
shall specify the
personal information to be
redacted and provide
any information
that identifies the
location of that personal
information within
a document that
contains that personal
information.
(2) Upon receiving a request for a redaction pursuant to
division (C)(1) of this section, a public office or a person
responsible for a public office's public records shall act within
five business days in accordance with the request to redact the
personal information of the individual from any record made
available to the general public on the internet, if practicable.
If a redaction is not
practicable, the public office or person
responsible for the
public office's public records shall verbally
or in writing within
five business days after receiving the
written request explain to
the individual why the redaction is
impracticable.
(3) The attorney general shall develop a form to be used by
an individual to request a redaction pursuant to division (C)(1)
of this section. The form shall include a place to provide any
information that identifies the location of the personal
information to be redacted.
(D)(1) A peace officer, parole officer, prosecuting
attorney,
assistant prosecuting attorney, correctional employee,
youth
services employee, firefighter, or EMT may request that a
public
office other than a county auditor or a person responsible
for the public records of a public office other than a county
auditor redact the address of
the person making the request from
any
record made available to the general public on the
internet
that
includes peace
officer,
parole officer, prosecuting
attorney,
assistant
prosecuting
attorney, correctional
employee, youth
services
employee,
firefighter, or EMT
residential and familial
information of the
person making the
request. A person who makes a
request for a
redaction pursuant
to
this division shall make the
request in
writing and on a
form
developed by the attorney
general.
(2) Upon receiving a written request for a redaction pursuant
to division (D)(1) of this section, a public office other than a
county auditor or a person responsible for the public records of a
public office other than a county auditor shall act
within five
business days in accordance
with the request to redact
the
address of the peace officer, parole
officer, prosecuting
attorney, assistant prosecuting attorney,
correctional employee,
youth services employee, firefighter, or
EMT making the request
from any record made available to the general public on the
internet that includes peace
officer, parole
officer,
prosecuting
attorney, assistant
prosecuting attorney,
correctional employee,
youth services
employee, firefighter, or
EMT residential and
familial
information of the person making
the
request, if practicable. If
a redaction is not
practicable,
the public office or person
responsible for the public office's
public records shall verbally
or in writing within
five business
days after receiving the
written request explain to
the peace
officer, parole officer,
prosecuting attorney, assistant
prosecuting attorney,
correctional employee, youth services
employee, firefighter, or
EMT why the
redaction is
impracticable.
(3) Except as provided in this section and section 319.28 of
the Revised Code, a public office
other than an employer of a
peace officer, parole officer,
prosecuting attorney, assistant
prosecuting attorney, correctional
employee, youth services
employee, firefighter, or EMT or a person responsible for the
public records of the employer is not
required to redact the
residential and familial information of the
peace officer, parole
officer, prosecuting attorney, assistant
prosecuting attorney,
correctional employee, youth services
employee, firefighter, or
EMT from other records maintained by the
public office.
(4) The attorney general shall develop a form to be used by a
peace officer, parole officer, prosecuting attorney, assistant
prosecuting attorney, correctional employee, youth services
employee, firefighter, or EMT to request a redaction pursuant to
division (D)(1) of this section. The form shall include a place to
provide any information that identifies the location of the
address of a peace officer, parole officer, prosecuting attorney,
assistant prosecuting attorney, correctional employee, youth
services employee, firefighter, or EMT to be redacted.
(E)(1) If a public office or a person responsible for a
public
office's public records becomes aware that an electronic
record of
that public office that is made available to the
general public on
the
internet
contains an individual's social
security number that was
mistakenly not redacted, encrypted,
or
truncated as required by
division (B)(1) or (2) of this
section,
the public office or
person responsible for the public office's
public
records shall
redact, encrypt, or truncate the
individual's social security
number within a reasonable period of
time.
(2) A public office or a person responsible for a public
office's public records is not liable in damages in a civil action
for any harm an individual allegedly sustains as a result of the
inclusion of that individual's personal information on any record
made available to the general public on the internet or any harm a
peace officer, parole officer
prosecuting attorney, assistant
prosecuting attorney, correctional
employee, youth services
employee, firefighter, or EMT sustains as
a result of the
inclusion of the address of the peace officer,
parole officer,
prosecuting attorney, assistant prosecuting
attorney,
correctional employee, youth services employee,
firefighter, or
EMT on any record made available to the general
public on the
internet in
violation of this section unless the public office or
person
responsible for the public office's public records acted
with
malicious purpose, in bad faith, or in a wanton or reckless
manner
or division (A)(6)(a) or (c) of section 2744.03 of the
Revised
Code applies.
Sec. 317.082. (A) As used in this section, "preparer" means
any mortgage company, bank, title agency, or other person
responsible for filing documents with the office of a county
recorder for recording under section 317.08 of the Revised Code.
(B) Except as provided in division (C) or (D) of this
section, the preparer of any document to be recorded by a county
recorder under section 317.08 of the Revised Code shall not
include any individual's social security number personal
information in any document that is filed for recording in the
office of the county recorder under that section. The county
recorder shall not accept such a document for recording if it
includes any individual's social security number personal
information. If a document presented for recording includes any
individual's social security number personal information and the
county recorder refuses to accept that document for recording, the
county recorder or the person who attempted to file the document
with the county recorder may immediately redact the individual's
social security number personal information from the document.
The preparer is not liable in damages in a civil action for
any harm an individual allegedly sustains as a result of the
inclusion of the individual's social security number personal
information on a document in violation of this division if the
preparer establishes as an affirmative defense that the preparer
made a good faith effort to comply with this division. The county
recorder and the county recorder's employees are immune from
liability in damages in a civil action brought against the county
recorder or an employee of the county recorder to recover damages
for any harm an individual allegedly sustains as a result of the
county recorder or an employee of the county recorder accepting a
document that includes the individual's social security number
personal information in violation of this division, unless the
county recorder or an employee of the county recorder accepted
that document with malicious purpose, in bad faith, or in a wanton
or reckless manner, or division (A)(6)(a) or (c) of section
2744.03 of the Revised Code applies.
(C) An individual who executes a document that must be filed
by a preparer for recording in the office of the county recorder
under section 317.08 of the Revised Code may execute an affidavit
consenting to the inclusion of the individual's social security
number personal information in the document. If an individual
executes an affidavit consenting to the inclusion of the
individual's social security number personal information in the
document under this division, division (B) of this section does
not apply to the preparer of the document or to the county
recorder and the county recorder's employees.
(D) Division (B) of this section does not apply to any of the
following:
(1) Any document that originates with any court or taxing
authority;
(2) Any document that upon its filing for recording in the
office of the county recorder under section 317.08 of the Revised
Code constitutes a nonconsensual lien against an individual;
(3) Any publicly recorded document that is required by
federal or state law to include an individual's social security
number or personal information.
(E)(1) This section does not apply to documents that were
executed by an individual prior to the effective date of this
section September 28, 2006.
(2) This section, as amended by this amendment, does not
apply to documents that were executed by an individual on or after
September 28, 2006, and prior to the effective date of this
amendment.
(F) As used in this section, "personal information" has the
same meaning as in section 149.45 of the Revised Code.
Sec. 319.28. On (A) Except as otherwise provided in division
(B) of this section, on or before the first Monday of August,
annually, the county auditor shall compile and make up a general
tax list of real and public utility property in the county,
either
in tabular form and alphabetical order, or, with the
consent of
the county treasurer, by listing all parcels in a
permanent parcel
number sequence to which a separate alphabetical
index is keyed,
containing the names of the several persons,
companies, firms,
partnerships, associations, and corporations in
whose names real
property has been listed in each township,
municipal corporation,
special district, or separate school
district, or part of either
in his the auditor's county, placing
separately, in
appropriate
columns opposite each name, the description of each
tract, lot, or
parcel of real estate, the value of each tract,
lot, or parcel,
the value of the improvements thereon, and of the
names of the
several public utilities whose property, subject to
taxation on
the general tax list and duplicate, has been
apportioned by the
department of taxation to the county, and the
amount so
apportioned to each township, municipal corporation,
special
district, or separate school district or part of either
in his the
auditor's county, as shown by the certificates of
apportionment of
public utility property. If the name of the owner of any tract,
lot, or parcel of real estate is unknown to the auditor,
"unknown"
shall be entered in the column of names opposite said
tract, lot,
or parcel. Such lists shall be prepared in
duplicate. On or before
the first Monday of September in each
year, the auditor shall
correct such lists in accordance with the
additions and deductions
ordered by the tax commissioner and by
the county board of
revision, and shall certify and on the first
day of October
deliver one copy thereof to the county treasurer.
The copies
prepared by the auditor shall constitute the auditor's
general tax
list and treasurer's general duplicate of real and
public utility
property for the current year.
Once a permanent parcel numbering system has been
established
in any county as provided by the preceding paragraph,
such system
shall remain in effect until otherwise agreed upon by
the county
auditor and county treasurer.
(B)(1) A peace officer, parole officer, prosecuting attorney,
assistant prosecuting attorney, correctional employee, youth
services employee, firefighter, or EMT may submit a written
request by affidavit to the county auditor requesting the county
auditor to
remove the name of the peace officer, parole officer,
prosecuting
attorney, assistant prosecuting attorney,
correctional employee,
youth services employee, firefighter, or
EMT from the general tax
list of real and public utility property
and the general duplicate
of real and public utility property and
insert the initials of the peace officer, parole officer,
prosecuting
attorney, assistant prosecuting attorney,
correctional employee,
youth services employee, firefighter, or
EMT on the general tax
list of real and public utility property
and the general duplicate
of real and public utility property as
the name of the peace official, parole officer, prosecuting
attorney, assistant prosecuting attorney, correctional employee,
youth services employee, firefighter, or EMT that appears on the
deed.
(2) Upon receiving a written request by affidavit described
in division
(B)(1) of this section, the county auditor shall act
within five
business days in accordance with the request to
remove the name of
the peace officer, parole officer, prosecuting
attorney, assistant
prosecuting attorney, correctional employee,
youth services
employee, firefighter, or EMT from the general tax
list of real
and public utility property and the general
duplicate of real and
public utility property and insert initials
of
the peace officer, parole officer, prosecuting attorney,
assistant
prosecuting attorney, correctional employee, youth
services
employee, firefighter, or EMT on the general tax list of
real and
public utility property and the general duplicate of
real and
public utility property, if practicable. If the removal
and
insertion is not practicable, the county auditor shall
verbally or
in writing within five business days after receiving
the written
request explain to the peace officer, parole officer,
prosecuting
attorney, assistant prosecuting attorney,
correctional employee,
youth services employee, firefighter, or
EMT why the removal and
insertion is impracticable.
Sec. 319.54. (A) On all moneys collected by the county
treasurer on any tax duplicate of the county, other than estate
tax duplicates, and on all moneys received as advance payments of
personal property and classified property taxes, the county
auditor, on settlement with the treasurer and tax commissioner,
on
or before the date prescribed by law for such settlement or
any
lawful extension of such date, shall be allowed as
compensation
for the county auditor's services the following
percentages:
(1) On the first one hundred thousand dollars, two and
one-half per cent;
(2) On the next two million dollars, eight thousand three
hundred eighteen ten-thousandths of one per cent;
(3) On the next two million dollars, six thousand six
hundred
fifty-five ten-thousandths of one per cent;
(4) On all further sums, one thousand six hundred
sixty-three
ten-thousandths of one per cent.
If any settlement is not made on or before the date
prescribed by law for such settlement or any lawful extension of
such date, the aggregate compensation allowed to the auditor
shall
be reduced one per cent for each day such settlement is
delayed
after the prescribed date. No penalty shall apply if the
auditor
and treasurer grant all requests for advances up to
ninety per
cent of the settlement pursuant to section 321.34 of
the Revised
Code. The compensation allowed in accordance with
this section on
settlements made before the dates prescribed by
law, or the
reduced compensation allowed in accordance with this
section on
settlements made after the date prescribed by law or
any lawful
extension of such date, shall be apportioned ratably
by the
auditor and deducted from the shares or portions of the
revenue
payable to the state as well as to the county, townships,
municipal corporations, and school districts.
(B) For the purpose of reimbursing county auditors for the
expenses associated with the increased number of applications for
reductions in real property taxes under sections 323.152 and
4503.065 of the Revised Code that results from the amendment of
those sections by Am. Sub. H.B. 119 of the 127th general assembly,
on the first day of August of each year there shall be paid from
the state's general revenue fund to the county treasury to the
credit of the real estate assessment fund created by section
325.31 of the Revised Code an amount equal to one per cent of the
total annual amount of property tax relief reimbursement paid to
that county under sections 323.156 and 4503.068 of the Revised
Code for the preceding tax year.
(C) From all moneys collected by the county treasurer on
any
tax duplicate of the county, other than estate tax
duplicates, and
on all moneys received as advance payments of
personal property
and classified property taxes, there shall be
paid into the county
treasury to the credit of the real estate
assessment fund created
by section 325.31 of the Revised Code, an
amount to be determined
by the county auditor, which shall not
exceed the
percentages
prescribed in divisions (C)(1) and (2) of this
section.
(1) For payments made after June 30, 2007, and before
2011,
the following percentages:
(a) On the first five hundred thousand dollars, four per
cent;
(b) On the next five million dollars, two per cent;
(c) On the next five million dollars, one per cent;
(d) On all further sums not exceeding one hundred fifty
million dollars, three-quarters of one per cent;
(e) On amounts exceeding one hundred fifty million
dollars,
five hundred eighty-five thousandths of one
per cent.
(2) For payments made in or after 2011, the following
percentages:
(a) On the first five hundred thousand dollars, four per
cent;
(b) On the next ten million dollars, two per cent;
(c) On amounts exceeding ten million five hundred thousand
dollars, three-fourths of one per cent.
Such compensation shall be apportioned ratably by the
auditor
and deducted from the shares or portions of the revenue
payable to
the state as well as to the county, townships,
municipal
corporations, and school districts.
(D) Each county auditor shall receive four per cent of the
amount of tax collected and paid into the county treasury, on
property omitted and placed by the county auditor on the tax
duplicate.
(E) On all estate tax moneys collected by the county
treasurer, the county auditor, on settlement semiannually with
the
tax commissioner, shall be allowed, as compensation for the
auditor's
services under Chapter 5731. of the Revised Code, the
following
percentages:
(1) Four per cent on the first one hundred thousand
dollars;
(2) One-half of one per cent on all additional sums.
Such percentages shall be computed upon the amount
collected
and reported at each semiannual settlement, and shall
be for the
use of the general fund of the county.
(F) On all cigarette license moneys collected by the
county
treasurer, the county auditor, on settlement semiannually
with the
treasurer, shall be allowed as compensation for the
auditor's
services in the issuing of such licenses one-half of one
per cent
of such moneys, to be apportioned ratably and deducted
from the
shares of the revenue payable to the county and
subdivisions, for
the use of the general fund of the county.
(G) The county auditor shall charge and receive fees as
follows:
(1) For deeds of land sold for taxes to be paid by the
purchaser, five dollars;
(2) For the transfer or entry of land, lot, or part of
lot,
or the transfer or entry
on or after January 1, 2000, of a used
manufactured home or mobile
home as defined in section 5739.0210
of the Revised Code, fifty cents for each
transfer or entry, to be
paid by the person requiring it;
(3) For receiving statements of value and administering
section 319.202 of the Revised Code, one dollar, or ten cents for
each one hundred dollars or fraction of one
hundred dollars,
whichever is greater, of the value of
the real property
transferred or, for sales occurring on or after
January 1, 2000,
the value of the used manufactured home
or used mobile home, as
defined in section
5739.0210 of
the Revised Code, transferred,
except no fee shall
be charged when the
transfer is made:
(a) To or from the United States, this state, or any
instrumentality, agency, or political subdivision of the United
States or this state;
(b) Solely in order to provide or release security for a
debt
or obligation;
(c) To confirm or correct a deed previously executed and
recorded or when a current owner on the general tax list of real
and public utility property and the general duplicate of real and
public utility property is a peace officer, parole officer,
prosecuting attorney, assistant prosecuting attorney,
correctional employee, youth services employee, firefighter, or
EMT and is changing the current owner name listed on the general
tax list of real and public utility property and the
general
duplicate of real and public utility property to
the
initials of
the current owner as prescribed in division (B)(1) of section
319.28 of the Revised Code;
(d) To evidence a gift, in trust or otherwise and whether
revocable or irrevocable, between husband and wife, or parent and
child or the spouse of either;
(e) On sale for delinquent taxes or assessments;
(f) Pursuant to court order, to the extent that such
transfer
is not the result of a sale effected or completed
pursuant to such
order;
(g) Pursuant to a reorganization of corporations or
unincorporated associations or pursuant to the dissolution of a
corporation, to the extent that the corporation conveys the
property to a stockholder as a distribution in kind of the
corporation's assets in exchange for the stockholder's shares in
the dissolved corporation;
(h) By a subsidiary corporation to its parent corporation
for
no consideration, nominal consideration, or in sole
consideration
of the cancellation or surrender of the
subsidiary's stock;
(i) By lease, whether or not it extends to mineral or
mineral
rights, unless the lease is for a term of years renewable
forever;
(j) When the value of the real property or the manufactured
or mobile
home or the value of the interest that
is conveyed does
not exceed one hundred dollars;
(k) Of an occupied residential property, including a
manufactured
or mobile home, being transferred to the builder of a
new residence
or to the dealer of a new manufactured or mobile
home when the former
residence is traded as part of the
consideration for the new residence or
new manufactured or mobile
home;
(l) To a grantee other than a dealer in real property or in
manufactured
or mobile homes, solely for the purpose of, and as a
step in, the prompt
sale of the real property or manufactured or
mobile home to others;
(m) To or from a person when no money or other valuable
and
tangible consideration readily convertible into money is paid
or
to be paid for the real estate or manufactured or mobile home and
the transaction is not a
gift;
(n) Pursuant to division (B) of section 317.22 of the Revised
Code, or
section 2113.61 of the Revised Code, between spouses or
to a
surviving spouse pursuant to section 5302.17 of the Revised
Code
as it existed prior to April 4, 1985, between persons
pursuant to
section 5302.17 or 5302.18 of the Revised Code on or
after April
4, 1985, to a person who is a surviving, survivorship
tenant
pursuant to section 5302.17 of the Revised Code on or after
April
4, 1985, or pursuant to section 5309.45 of the Revised Code;
(o) To a trustee acting on behalf of minor children of the
deceased;
(p) Of an easement or right-of-way when the value of the
interest conveyed does not exceed one thousand dollars;
(q) Of property sold to a surviving spouse pursuant to
section 2106.16 of the Revised Code;
(r) To or from an organization exempt from federal income
taxation under section 501(c)(3) of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such
transfer is without consideration and is in furtherance of the
charitable or public purposes of such organization;
(s) Among the heirs at law or devisees, including a
surviving
spouse, of a common decedent, when no consideration in
money is
paid or to be paid for the real property or manufactured or mobile
home;
(t) To a trustee of a trust, when the grantor of the trust
has reserved an unlimited power to revoke the trust;
(u) To the grantor of a trust by a trustee of the trust,
when
the transfer is made to the grantor pursuant to the exercise
of
the grantor's power to revoke the trust or to withdraw trust
assets;
(v) To the beneficiaries of a trust if the fee was paid on
the transfer from the grantor of the trust to the trustee or if
the
transfer is made pursuant to trust provisions which became
irrevocable at the
death of the grantor;
(w) To a corporation for incorporation into a sports
facility
constructed pursuant to section 307.696 of the Revised
Code;
(x) Between persons pursuant to section 5302.18 of the
Revised Code.
The auditor shall compute and collect the fee. The auditor
shall maintain a numbered receipt system, as prescribed by the
tax
commissioner, and use such receipt system to provide a
receipt to
each person paying a fee. The auditor shall deposit
the receipts
of the fees on conveyances in the county treasury
daily to the
credit of the general fund of the county.
The real property transfer fee provided for in division
(G)(3) of this section
shall be applicable to any conveyance of
real
property presented to the auditor on or after January 1,
1968,
regardless of its time of execution or delivery.
The transfer fee for a used manufactured home or used mobile
home shall be
computed by and paid to the county auditor of the
county in which the home is
located immediately prior to the
transfer.
Sec. 1349.52. (A) As used in this section:
(1) "Consumer credit reporting agency" means any person that,
for monetary fees, dues, or on a cooperative nonprofit basis,
regularly engages in whole or in part in the practice of
maintaining consumers' credit information for the purpose of
furnishing credit reports to third parties.
(2) "Credit report" means any written, oral, or other
communication of any credit information by a consumer credit
reporting agency that operates or maintains a database of consumer
credit information bearing on a consumer's credit worthiness,
credit standing, or credit capacity.
(3) "Security freeze" means a restriction placed in a
consumer's credit report at the request of the consumer that
prohibits a consumer credit reporting agency from releasing all or
any part of the consumer's credit report or any information
derived from the consumer's credit report relating to the
extension of credit without the express authorization of the
consumer.
(4) "Other comparable service" means a service for which a
receipt of delivery is provided.
(B) A consumer may elect to place a security freeze on the
consumer's credit report by making a request to a consumer credit
reporting agency in writing by certified mail or other comparable
service or by any secured electronic method authorized by the
consumer credit reporting agency.
(C) A consumer credit reporting
agency shall place a
security freeze on a credit report not later
than three business
days after receiving a request pursuant to
division (B) of this
section. The consumer
credit reporting agency shall send a
written confirmation of the
security freeze to the consumer
within five business days of
placing the security freeze and, at
the same time, shall provide
the consumer with a unique personal
identification number or
password. The number or password shall
not be the consumer's
social security number.
(D) A consumer may allow the consumer's credit report to be
accessed for a specific party or period of time while a security
freeze is in place by contacting the consumer credit reporting
agency by certified mail or other comparable service, secure
electronic method selected by the consumer credit reporting
agency, or telephone and requesting that the security
freeze be
temporarily lifted, and providing all of the following:
(1) Information generally considered sufficient to identify
the consumer;
(2) The unique personal identification number or password
provided by the consumer credit reporting agency pursuant to
division (C) of this section;
(3) The proper information regarding the third party who is
to receive the consumer credit report or the time period for which
the consumer credit report shall be available to users of the
credit report.
(E)(1) A consumer credit reporting
agency that receives a
request in writing by certified mail or other comparable service
from a consumer
to
temporarily lift a security freeze on a
credit
report pursuant
to division (D) of this section shall
comply with
the request not
later than three business days after
receiving
the request.
(2) Except as otherwise provided in this section, a consumer
credit reporting agency that
receives a request by secure
electronic method selected by the consumer credit reporting
agency, telephone, or another means authorized by
the
consumer
credit reporting
agency from a consumer to
temporarily
lift a
security freeze on a
credit report pursuant to
division
(D) of
this section shall
comply with the request not
later than
fifteen minutes after
receiving the request unless any of the
following applies:
(a) The consumer fails to meet the requirements of division
(D) of this section.
(b) The consumer credit reporting agency's ability to
temporarily lift the security freeze within fifteen minutes is
prevented by an act of God, including fire, earthquakes,
hurricanes, storms, or similar natural disaster or phenomena;
unauthorized or illegal acts by a third party, including
terrorism, sabotage, riot, vandalism, labor strikes or disputes
disrupting operations, or similar occurrence; operational
interruption, including electrical failure, unanticipated delay in
equipment or replacement part delivery, computer hardware or
software failures inhibiting response time, or similar disruption;
governmental action, including emergency orders or regulations,
judicial or law enforcement action, or similar directives;
regularly scheduled maintenance, during other than normal business
hours of, or updates to, the consumer credit reporting agency's
systems; or commercially reasonable maintenance of, or repair to,
the consumer credit reporting agency's systems that is unexpected
or unscheduled.
(3) A consumer
credit reporting agency shall remove or
temporarily
lift a security freeze
placed on a credit report
only in the
following cases:
(a) Upon consumer request pursuant to division (D) of this
section;
(b) If the credit report was frozen due to a material
misrepresentation of fact by the consumer. If a consumer credit
reporting agency intends to remove a security freeze upon a credit
report pursuant to division (E)(3)(b) of this section, the
consumer
credit reporting agency shall notify the consumer in
writing at
least five business days prior to removing the
security freeze on
the credit report.
(F) A consumer credit reporting
agency, when required by the
"Fair Credit Reporting Act," 84 Stat.
1128 (1970), 15 U.S.C.
1681g(c), to provide a summary of rights, or
when receiving a
request from a consumer for information about a
security freeze,
shall provide the following written notice:
"Ohio Consumers Have the Right to Obtain a Security Freeze:
You may obtain a security freeze on your credit report to
protect your privacy and ensure that credit is not granted in your
name without your knowledge. You have a right to place a "security
freeze" on your credit report pursuant to Ohio law. The security
freeze will prohibit a consumer credit reporting agency from
releasing any information in your credit report without your
express authorization or approval. The security freeze is designed
to prevent credit, loans, and services from being approved in your
name without your consent. When you place a security freeze on
your credit report, within five business days you will be provided
a personal identification number or password to use if you choose
to remove the security freeze on your credit report or to
temporarily authorize the release of your credit report for a
specific party or parties or for a specific period of time after
the security freeze is in place. To provide that authorization,
you must contact the consumer credit reporting agency and provide
all of the following:
(a) Information generally considered sufficient to identify
the consumer;
(b) The unique personal identification number or password
provided by the consumer credit reporting agency;
(c) The proper information regarding the third party who is
to receive the consumer credit report or the time period for which
the credit report shall be available to users of the credit
report.
A consumer credit reporting agency that receives a request
from a consumer to temporarily lift a security freeze on a credit
report shall comply with the request not later than fifteen
minutes after receiving the request.
A security freeze does not apply to circumstances in which
you have an existing account relationship and a copy of your
report is requested by your existing creditor or its agents or
affiliates for certain types of account review, collection, fraud
control, or similar activities.
If you are actively seeking credit, you should understand
that the procedures involved in lifting a security freeze may slow
your own applications for credit. You should plan ahead and lift a
freeze, either completely if you are shopping around, or
specifically for a certain creditor, a few days before actually
applying for new credit."
(G) Except as otherwise provided in division (E) of this
section, a consumer credit reporting agency shall keep a security
freeze in place until the consumer requests that the security
freeze be removed. A consumer credit reporting agency shall remove
a security freeze within three business days of receiving a
request by telephone or by any other means authorized by the
consumer credit reporting agency for removal from the consumer
when the consumer provides the following:
(1) Information generally considered sufficient to identify
the consumer;
(2) The unique personal identification number or password
provided by the consumer credit reporting agency pursuant to
division (C) of this section.
(H) A consumer credit reporting agency may release a credit
report on which a security freeze has been placed to the
following:
(1) A person, or subsidiary, affiliate, or agent of that
person, or an assignee of a financial obligation owing by the
consumer to that person, or a prospective assignee of a financial
obligation owing by the consumer to that person in conjunction
with the proposed purchase of the financial obligation, with which
the consumer has or had prior to assignment an account or
contract, including a demand deposit account, or to whom the
consumer issued a negotiable instrument, for the purposes of
reviewing the account or collecting the financial obligation owing
for the account, contract, or negotiable instrument. For purposes
of this paragraph, "reviewing the account" includes activities
related to account maintenance, monitoring, credit line increases,
and account upgrades and enhancements.
(2) A subsidiary, affiliate, agent, assignee, or prospective
assignee of a person to whom access has been granted under
division (D) of this section, for purposes of facilitating the
extension of credit or other permissible use;
(3) Any state or local law enforcement agency, trial court,
or private collection agency acting pursuant to a court order,
warrant, or subpoena;
(4) Any federal, state, or local governmental entity, agency,
or instrumentality that is acting within the entity's, agency's,
or instrumentality's authority;
(5) A state or local child support enforcement agency;
(6) A person seeking to use the information contained in the
consumer's credit report for the purpose of prescreening pursuant
to the "Fair Credit Reporting Act," 84 Stat. 1128 (1970), 15
U.S.C. 1681 et seq.;
(7) Any person or entity administering a credit file
monitoring subscription service to which the consumer has
subscribed;
(8) Any person or entity providing a consumer with a copy of
the consumer's credit report upon the consumer's request;
(9) Any person or entity for use in setting or adjusting a
rate, adjusting a claim, or underwriting for insurance purposes;
(10) Any person or entity acting to investigate fraud or
acting to investigate or collect delinquent taxes or unpaid court
orders provided those responsibilities are consistent with section
1681b of the "Fair Credit Reporting Act," 15 U.S.C. 1681 et seq.
(I)(1) A consumer credit reporting agency may charge a
consumer a reasonable fee not to exceed five dollars for placing a
security freeze on that consumer's credit report. If the consumer
is a victim of a violation of section 2913.49 of the Revised Code,
the consumer credit reporting agency shall not charge a fee to
place a security freeze on that consumer's credit report, but that
consumer shall send a copy of the police report related to the
violation of section 2913.49 of the Revised Code to the consumer
credit reporting agency.
(2) A consumer credit reporting agency may charge a consumer
a reasonable fee not to exceed five dollars for removing or
temporarily lifting a security freeze on that consumer's credit
report if the consumer elects to remove or temporarily lift the
security freeze on the consumer's credit report for a specific
creditor and may charge a consumer a reasonable fee not to exceed
five dollars if the consumer elects to temporarily lift the
security freeze for a specified period of time.
(3) A consumer credit reporting agency may charge a
reasonable fee not to exceed five dollars to a consumer who fails
to retain the original personal identification number provided by
the consumer credit reporting agency and must be reissued the same
or a new personal identification number.
(J) If a security freeze is in place, a consumer credit
reporting agency shall not change any of the following official
information in a credit report without sending a written
confirmation of the change to the consumer within thirty days of
the change being posted to the consumer's file: name; date of
birth; social security number; or address. Written confirmation is
not required for technical modifications of a consumer's official
information, including name and street abbreviations, complete
spellings, or transposition of numbers or letters. In the case of
an address change, the written confirmation shall be sent to both
the new address and to the former address.
(K) The provisions of this section do not apply to a consumer
credit reporting agency that acts only as a reseller of credit
information by assembling and merging information contained in the
database of another consumer credit reporting agency or multiple
consumer credit reporting agencies and does not maintain a
permanent
database of credit information from which new credit
reports are
produced, except that the reseller of credit
information shall
honor any security freeze placed on a credit
report by another
consumer credit reporting agency.
(L) The following entities are not required to place a
security freeze in a credit report:
(1) A check services company or fraud prevention services
company that issues reports on incidents of fraud or
authorizations for the purpose of approving or processing
negotiable instruments, electronic funds transfers, or similar
methods of payments;
(2) A demand deposit account information service company that
issues reports, regarding account closures due to fraud,
substantial overdrafts, automated teller machine abuse, or similar
negative information regarding a consumer, to inquiring banks or
other financial institutions for use only in reviewing a consumer
request for a demand deposit account at the inquiring bank or
financial institution.
(M)(1) The attorney general may conduct an investigation if
the attorney general, based on complaints or the attorney
general's own inquiries, has reason to believe that a consumer
credit reporting agency has failed or is failing to comply with
this section.
(2) In any investigation conducted pursuant to this section,
the attorney general may administer oaths, subpoena witnesses,
adduce evidence, and subpoena the production of any book,
document, record, or other relevant matter.
(3) If the attorney general under division (M)(2) of this
section subpoenas the production of any relevant matter that is
located outside this state, the attorney general may designate a
representative, including an official of the state in which that
relevant matter is located, to inspect the relevant matter on the
attorney general's behalf. The attorney general may carry out
similar requests received from officials of other states.
(4) Any person who is subpoenaed to produce relevant matter
pursuant to division (M)(2) of this section shall make that
relevant matter available at a convenient location within this
state or the state of the representative designated under division
(M)(3) of this section.
(5) Any person who is subpoenaed as a witness or to produce
relevant matter pursuant to division (M)(2) of this section may
file in the court of common pleas of Franklin county, the county
in this state in which the person resides, or the county in this
state in which the person's principal place of business is located
a petition to extend for good cause shown the date on which the
subpoena is to be returned or to modify or quash for good cause
shown that subpoena. The person may file the petition at any time
prior to the date specified for the return of the subpoena or
within twenty days after the service of the subpoena, whichever is
earlier.
(6) Any person who is subpoenaed as a witness or to produce
relevant matter pursuant to division (M)(2) of this section shall
comply with the terms of the subpoena unless the court orders
otherwise prior to the date specified for the return of the
subpoena or, if applicable, that date as extended. If a person
fails without lawful excuse to obey a subpoena, the attorney
general may apply to the court of common pleas for an order that
does one or more of the following:
(a) Compels the requested discovery;
(b) Adjudges the person in contempt of court;
(c) Grants injunctive relief to restrain the person from
failing to comply with section 1347.12 or 1349.19 of the Revised
Code, whichever is applicable;
(d) Grants injunctive relief to preserve or restore the
status quo;
(e) Grants other relief that may be required until the person
obeys the subpoena.
(N)(1) The attorney general has the authority to bring a
civil action in a court of common pleas for appropriate relief
under this section, including a temporary restraining order,
preliminary or permanent injunction, and civil penalties, if it
appears that a consumer credit reporting agency has failed or is
failing to comply with this section. Upon its finding that a
consumer credit reporting agency has intentionally or recklessly
failed to comply with this section, the court shall impose a civil
penalty upon the consumer credit reporting agency of up to two
thousand five hundred dollars for each instance that the consumer
credit
reporting agency fails to comply.
(2) Any civil penalty that is assessed under division (N)(1)
of this section shall be deposited into the consumer protection
enforcement fund created by section 1345.51 of the Revised Code.
(3) In determining the appropriate civil penalty to assess
under division (N)(1) of this section, the court shall consider
all relevant factors, including the degree of the defendant's
culpability, any history of prior violations of this section by
the defendant, the defendant's ability to pay, the effect of the
court's decision on the defendant's ability to continue to conduct
the defendant's business, and whether or not the defendant acted
in bad faith in failing to comply with this section.
(O) Any consumer credit reporting agency that is found by the
court to have failed to comply with this section is liable to the
attorney general for the attorney general's costs in conducting an
investigation and bringing an action under this section.
(P) The rights and remedies that are provided under this
section are in addition to any other rights or remedies that are
provided by law.
Sec. 1349.53. (A) If a consumer credit reporting agency
willfully fails to comply with division (C) or (J) of
section
1349.52 of the Revised Code, the consumer may file a civil
action
against the consumer credit reporting agency. In the civil
action, the consumer may recover all of the following:
(1) Actual damages sustained by the consumer as a result of
the consumer credit reporting agency's failure to comply with
division (C) or (J) of section 1349.52 of the Revised
Code or
damages of not less than one hundred dollars and not more
than
one thousand dollars, whichever is greater;
(3) Court costs and reasonable attorney's fees.
(B) A person who obtains a consumer's credit report from a
consumer credit reporting agency under false pretenses or
knowingly without the permission of the consumer is liable to the
consumer credit reporting agency for actual damages sustained by
the consumer credit reporting agency or one thousand dollars,
whichever is greater.
(C) If a consumer credit reporting agency negligently fails
to comply with division (C) or (J) of section 1349.52
of the
Revised Code, the consumer may file a civil action against
the
consumer credit reporting agency. In the civil action, the
consumer may recover all of the following:
(1) Actual damages sustained by the consumer as a result of
the consumer credit reporting agency's failure to comply with
division (C) or (J) of section 1349.52 of the Revised
Code or as
a result of the consumer credit reporting agency
negligently
allowing another person to obtain a consumer's credit
report;
(2) Court costs and reasonable attorney's fees.
(D) If the court finds that a civil action under division (A)
or (C) of this section was brought in bad faith or for the
purposes of harassment, the court shall award to the prevailing
party reasonable attorney's fees in relation to the work expended
in responding to the civil action.
(E) A person shall bring a civil action under division (A) or
(C) of this section not later than the earlier of the following:
(1) Two years after the date of discovery by the plaintiff of
a violation of division (C) or (J) of section 1349.52
of the
Revised Code;
(2) Five years after the date a violation of division (C) or
(J) of section 1349.52 of the Revised Code occurs.
(F) A consumer credit reporting agency is not liable in
damages in a civil action brought pursuant to division (A) of this
section for any damages a consumer allegedly sustains as a result
of the consumer credit reporting agency's placement of a security
freeze in violation of
division (C) of section 1349.52 of the
Revised Code
on the consumer's credit report if the consumer
credit reporting
agency establishes as an affirmative defense
that the consumer
credit reporting agency made a good faith
effort to comply with
that division and the consumer credit
reporting agency placed a
security freeze on the consumer's
credit report as a result of a
misrepresentation of fact by
another consumer.
Sec. 2305.09. An Except as provided for in division (C) of
this section, an action for any of the following causes shall be
brought
within four years after the cause thereof accrued:
(A) For trespassing upon real property;
(B) For the recovery of personal property, or for taking or
detaining it;
(C) For relief on the ground of fraud, except when the cause
of action is a violation of section 2913.49 of the Revised Code,
in which case the action shall be brought within five years after
the cause thereof accrued;
(D) For an injury to the rights of the plaintiff not arising
on contract nor
enumerated in sections 1304.35, 2305.10 to
2305.12, and 2305.14 of the Revised
Code;
(E) For relief on the grounds of a physical or regulatory
taking of real property.
If the action is for trespassing under ground or injury to
mines, or for the
wrongful taking of personal property, the causes
thereof shall not accrue
until the wrongdoer is discovered; nor,
if it is for fraud, until the fraud is
discovered.
Sec. 2901.13. (A)(1) Except as provided in
division (A)(2)
or (3) of this section or as otherwise provided
in this
section, a
prosecution shall be barred unless it is commenced
within the
following periods after an offense is committed:
(a) For a felony,
six years;
(b) For a misdemeanor other than a minor misdemeanor, two
years;
(c) For a minor misdemeanor, six months.
(2) There is no period of limitation for the prosecution of
a
violation of section 2903.01 or 2903.02 of the Revised Code.
(3) Except as otherwise provided in divisions (B) to (H)
of
this section, a prosecution of any of the following offenses shall
be
barred unless
it is commenced within twenty years after the
offense is committed:
(a) A violation of section 2903.03, 2903.04, 2905.01,
2907.02,
2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22,
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,
2911.02, 2911.11,
2911.12, or
2917.02 of the Revised Code, a
violation of
section 2903.11 or 2903.12 of the Revised Code if the
victim is
a peace officer, a violation of section 2903.13 of the
Revised Code that is a
felony, or a
violation of former section
2907.12 of the Revised Code;
(b) A conspiracy to commit, attempt to commit, or complicity
in
committing a violation set forth in division (A)(3)(a)
of this
section.
(B) If (1) Except as otherwise provided in division (B)(2) of
this section, if the period of limitation provided in division
(A)(1)
or (3)
of this section has expired, prosecution shall be
commenced for
an offense of which an element is fraud or breach of
a fiduciary
duty, within one year after discovery of the offense
either by an
aggrieved person, or by the aggrieved person's legal
representative who is not
a party to the offense.
(2) If the period of limitation provided in division (A)(1)
or (3) of this section has expired, prosecution for a violation of
section 2913.49 of the Revised Code shall be commenced within five
years after discovery of the offense either by an aggrieved person
or the aggrieved person's legal representative who is not a party
to the offense.
(C) If the period of limitation provided in division (A)(1)
or (3) of this section has expired, prosecution shall be
commenced
for
an offense involving misconduct in office by a public servant
as
defined in section 2921.01 of the Revised Code, at any time
while
the accused remains a public servant, or within two years
thereafter.
(D) An offense is committed when every element of the
offense
occurs. In the case of an offense of which an element is
a
continuing course of conduct, the period of limitation does not
begin to run until such course of conduct or the accused's
accountability for it terminates, whichever occurs first.
(E) A prosecution is commenced on the date an indictment
is
returned or an information filed, or on the date a lawful
arrest
without a warrant is made, or on the date a warrant,
summons,
citation, or other process is issued, whichever occurs
first. A
prosecution is not commenced by the return of an
indictment or the
filing of an information unless reasonable
diligence is exercised
to issue and execute process on the same.
A prosecution is not
commenced upon issuance of a warrant,
summons, citation, or other
process, unless reasonable diligence
is exercised to execute the
same.
(F) The period of limitation shall not run during any time
when the corpus delicti remains undiscovered.
(G) The period of limitation shall not run during any time
when the accused purposely avoids prosecution. Proof that the
accused departed this state or concealed
the accused's
identity or
whereabouts is prima-facie evidence of the
accused's purpose to
avoid prosecution.
(H) The period of limitation shall not run during any time
a
prosecution against the accused based on the same conduct is
pending in this state, even though the indictment, information,
or
process which commenced the prosecution is quashed or the
proceedings thereon are set aside or reversed on appeal.
(I) The period of limitation for a violation of any provision
of Title XXIX of the Revised Code that involves a physical or
mental wound, injury, disability, or condition of a nature that
reasonably indicates abuse or neglect of a child under eighteen
years of age or of a mentally retarded, developmentally disabled,
or physically impaired child under twenty-one years of age shall
not begin to run until either of the following occurs:
(1) The victim of the offense reaches the age of majority.
(2) A public children services agency, or a municipal or
county peace officer that is not the parent or guardian of the
child, in the county in which the child resides or in which the
abuse or neglect is occurring or has occurred has been notified
that abuse or neglect is known, suspected, or believed to have
occurred.
(J) As used in this section, "peace officer" has the same
meaning
as in section 2935.01 of the Revised Code.
Section 2. That existing sections 125.18, 317.082, 319.28,
319.54, 2305.09, and
2901.13 of the Revised Code are hereby
repealed.
Section 3. Sections 1 and 2 of this act shall take effect on
September 1, 2008.
Section 4. The Office of Criminal Justice Services shall make
one-time state funding grants available to local law enforcement
agencies to enable the local law enforcement agencies to develop
capabilities to enforce identity fraud crimes. The Executive
Director of Criminal Justice Services shall
adopt rules
for the
evaluation of such grant requests and for
the allocation
and
disbursement of such grants. The authority of
the Office of
Criminal Justice Services to allocate and disburse
grants under
this section shall expire two years after the
effective date of
this act.
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