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.
|
(127th General Assembly)
(Substitute Senate Bill Number 247)
AN ACT
To amend sections 109.572, 926.29, 1733.13, 1733.15,
1733.19, 1733.29,
1733.329, and 1733.34 and to
enact sections 1121.23, 1155.03, 1163.05,
1315.141, 1733.241, 1733.242, 1733.243,
1733.291,
1733.292, 1733.47, and 1761.26 of the
Revised
Code
to make changes in the Credit
Union
Regulation Law and to require
criminal background
checks whenever the approval of the
Superintendent of Financial Institutions is
required for a person
to serve as a director,
officer, or controlling person of a bank,
savings
and loan association, savings bank, money
transmitter,
credit union, or credit union share
guaranty corporation.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 109.572, 926.29, 1733.13, 1733.15,
1733.19, 1733.29,
1733.329, and 1733.34 be amended and sections
1121.23, 1155.03, 1163.05, 1315.141, 1733.241, 1733.242,
1733.243,
1733.291, 1733.292, 1733.47, and
1761.26 of the
Revised Code be enacted to read as
follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, 3319.39, 5104.012, or 5104.013
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of mental retardation and
developmental disabilities, pursuant to section 5126.28 of the
Revised Code with respect to an applicant for employment in any
position with a county board of mental retardation and
developmental disabilities, or pursuant to section 5126.281 of the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.032,
5111.033, or 5111.034 of the Revised Code, a completed form
prescribed pursuant
to division (C)(1) of this section, and a set
of fingerprint
impressions obtained in the manner described in
division (C)(2) of
this section, the superintendent of the bureau
of criminal
identification and investigation shall conduct a
criminal records
check. The superintendent shall conduct the
criminal records check
in the manner described in division (B) of
this
section to
determine whether any information
exists that
indicates that the
person who is the subject of the request
previously has been
convicted of, has pleaded guilty to, or has
been found eligible
for intervention in lieu of conviction for
any of
the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.16,
2903.21,
2903.34, 2905.01, 2905.02, 2905.05, 2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24, 2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21, 2913.31,
2913.40, 2913.43, 2913.47, 2913.48, 2913.49, 2913.51, 2917.11,
2919.12, 2919.22, 2919.24, 2919.25, 2921.13, 2921.36, 2923.02,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03, 2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22, 2925.23, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On receipt of a request pursuant to section 2151.86 of
the Revised
Code, a completed form prescribed pursuant to
division (C)(1) of
this section, and a set of fingerprint
impressions obtained in the
manner described in division (C)(2)
of this section, the
superintendent of the bureau of criminal
identification and
investigation shall conduct a criminal records
check in the manner
described in division (B) of this section to
determine whether any
information exists that indicates that the
person who is the
subject of the request previously has been
convicted of or pleaded
guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, or felonious sexual penetration in violation
of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(8)(a) of
this section.
(9) When conducting a criminal records check on a request
pursuant to section 5104.013 of the Revised Code for a person who
is an owner, licensee, or administrator of a child day-care center
or type A family day-care home, an authorized provider of a
certified type B family day-care home, or an adult residing in a
type A or certified type B home, or when conducting a criminal
records check or a request pursuant to section 5104.012 of the
Revised Code for a person who is an applicant for employment in a
center, type A home, or certified type B home, the superintendent,
in addition to the determination made under division (A)(1) of
this section, shall determine whether any information exists that
indicates that the person has been convicted of or pleaded guilty
to any of the following:
(a) A violation of section 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2921.11,
2921.13, or 2923.01 of the Revised Code, a violation of section
2923.02 or 2923.03 of the Revised Code that relates to a crime
specified in this division or division (A)(1)(a) of this section,
or a second violation of section 4511.19 of the Revised Code
within five years of the date of application for licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The superintendent
shall report the findings of the criminal records check and any
information the federal bureau of investigation provides to the
director of public safety.
(12) On receipt of a request pursuant to section 1322.03,
1322.031, or 4763.05 of the Revised Code, a completed form
prescribed pursuant to division (C)(1) of this section, and a set
of fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check with respect to any person who has applied
for a license, permit, or certification from the department of
commerce or a division in the department. The superintendent shall
conduct the criminal records check in the manner described in
division (B) of this section to determine whether any information
exists that indicates that the person who is the subject of the
request previously has been convicted of or pleaded guilty to any
of the following: a violation of section 2913.02, 2913.11,
2913.31, 2913.51, or 2925.03 of the Revised Code; any other
criminal offense involving theft, receiving stolen property,
embezzlement, forgery, fraud, passing bad checks, money
laundering, or drug trafficking, or any criminal offense involving
money or securities, as set forth in Chapters 2909., 2911., 2913.,
2915., 2921., 2923., and 2925. of the Revised Code; or any
existing or former law of this state, any other state, or the
United States that is substantially equivalent to those offenses.
(13) On receipt of a request for a criminal records check
from the treasurer of state under section 113.041 of the Revised
Code or
from an individual under section 4701.08,
4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222,
4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061,
4741.10,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051,
4762.031, 4762.06, or 4779.091 of the Revised Code,
accompanied
by
a completed form prescribed under division (C)(1)
of this
section
and a set of fingerprint impressions obtained in
the
manner
described in division (C)(2) of this section, the
superintendent
of the bureau of criminal identification and
investigation shall
conduct a criminal records check in the
manner described in
division (B) of this section to determine
whether any information
exists that indicates that the person who
is the subject of the
request has been convicted of or pleaded
guilty to any criminal
offense in this state or any other state.
The superintendent shall
send the results of a check requested
under section 113.041 of the Revised Code to the treasurer of
state and shall send the results of a check requested under any of
the other listed sections to the licensing board specified by the
individual in the request.
(14) On receipt of a request pursuant to section 1121.23,
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any criminal offense under any existing or former law of
this state, any other state, or the United States.
(15) Not later than thirty days after the date the
superintendent receives a request of a type described in
division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),
(11), or
(12), or (14) of this section, the completed form, and
the
fingerprint
impressions, the superintendent shall send the
person,
board, or
entity that made the request any information,
other than
information the dissemination of which is prohibited
by federal
law, the superintendent determines exists with respect
to the
person who is the subject of the request that indicates
that the
person previously has been convicted of or pleaded
guilty to any
offense listed or described in division (A)(1),
(2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), or (12), or
(14) of this section, as
appropriate. The superintendent shall
send the person, board, or
entity that made the request a copy of
the list of offenses
specified in division (A)(1), (2), (3), (4),
(5), (6), (7), (8),
(9), (10), (11), or (12), or (14) of this
section, as appropriate. If the
request was made under section
3701.881 of the Revised Code with
regard to an applicant who may
be both responsible for the care,
custody, or control of a child
and involved in providing direct
care to an older adult, the
superintendent shall provide a list of
the offenses specified in
divisions (A)(4) and (6) of this
section.
Not later than thirty days after the superintendent receives
a request for a criminal records check pursuant to section 113.041
of the Revised Code, the completed form, and the fingerprint
impressions, the superintendent shall send the treasurer of state
any information, other than information the dissemination of which
is prohibited by federal law, the superintendent determines exist
with respect to the person who is the subject of the request that
indicates that the person previously has been convicted of or
pleaded guilty to any criminal offense in this state or any other
state.
(B) The superintendent shall conduct any criminal records
check requested under section 113.041, 121.08, 173.27, 173.394,
1121.23, 1155.03, 1163.05, 1315.141,
1322.03,
1322.031, 1733.47,
1761.26, 2151.86, 3301.32, 3301.541, 3319.39, 3701.881,
3712.09,
3721.121, 3722.151, 4701.08, 4715.101,
4717.061,
4725.121,
4725.501, 4729.071, 4730.101, 4730.14,
4730.28,
4731.081,
4731.15, 4731.171, 4731.222, 4731.281,
4731.296,
4731.531,
4732.091, 4734.202, 4740.061, 4741.10,
4749.03,
4749.06,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051,
4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013,
5111.032, 5111.033, 5111.034, 5123.081, 5126.28,
5126.281, or
5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including any
relevant information contained in records that have been sealed
under section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request and shall review or cause to be
reviewed any information the superintendent receives from that
bureau.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested under
section 113.041 of the Revised Code or required by
section
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,
1322.03, 1322.031, 1733.47, 1761.26, 2151.86,
3301.32,
3301.541,
3319.39, 3701.881, 3712.09, 3721.121, 3722.151,
4701.08,
4715.101, 4717.061, 4725.121, 4725.501,
4729.071,
4730.101,
4730.14, 4730.28, 4731.081, 4731.15, 4731.171,
4731.222,
4731.281, 4731.296, 4731.531, 4732.091, 4734.202,
4740.061,
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,
4760.032,
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,
5104.012, 5104.013,
5111.032,
5111.033, 5111.034, 5123.081,
5126.28, 5126.281, or
5153.111 of
the Revised Code. The form
that the superintendent
prescribes
pursuant to this division may
be in a tangible format,
in an
electronic format, or in both
tangible and electronic
formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested under section 113.041
of the Revised Code or required by section 121.08,
173.27,
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1322.03, 1322.031,
1733.47, 1761.26, 2151.86, 3301.32, 3301.541,
3319.39,
3701.881,
3712.09, 3721.121, 3722.151, 4701.08,
4715.101,
4717.061,
4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28,
4731.081, 4731.15, 4731.171, 4731.222, 4731.281,
4731.296,
4731.531, 4732.091, 4734.202, 4740.061, 4741.10,
4749.03,
4749.06,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05, 4779.091, 5104.012,
5104.013, 5111.032, 5111.033,
5111.034,
5123.081, 5126.28,
5126.281, or 5153.111 of the Revised
Code. Any
person for whom a
records check is requested under or required by any of
those
sections shall obtain the fingerprint impressions at a
county
sheriff's office, municipal police department, or any other
entity with the ability to make fingerprint impressions on the
standard impression sheets prescribed by the superintendent. The
office, department, or entity may charge the person a reasonable
fee for making the impressions. The standard impression sheets the
superintendent prescribes pursuant to this division may be in a
tangible format, in an electronic format, or in both tangible and
electronic formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
113.041, 121.08,
173.27, 173.394, 1121.23, 1155.03, 1163.05,
1315.141, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86,
3301.32,
3301.541,
3319.39, 3701.881, 3712.09, 3721.121,
3722.151,
4701.08, 4715.101, 4717.061, 4725.121,
4725.501,
4729.071,
4730.101,
4730.14, 4730.28, 4731.081,
4731.15,
4731.171,
4731.222, 4731.281,
4731.296, 4731.531,
4732.091,
4734.202,
4740.061, 4741.10, 4749.03, 4749.06,
4755.70,
4757.101,
4759.061, 4760.032, 4760.06, 4761.051, 4762.031,
4762.06,
4763.05, 4779.091, 5104.012, 5104.013, 5111.032,
5111.033,
5111.034,
5123.081, 5126.28, 5126.281, or 5153.111 of
the
Revised
Code. The
person making a criminal records request
under section 113.041,
121.08,
173.27, 173.394, 1322.03,
1322.031, 2151.86, 3301.32,
3301.541,
3319.39, 3701.881,
3712.09, 3721.121, 3722.151,
4701.08, 4715.101,
4717.061,
4725.121,
4725.501,
4729.071, 4730.101, 4730.14,
4730.28,
4731.081, 4731.15,
4731.171, 4731.222, 4731.281,
4731.296,
4731.531, 4732.091,
4734.202, 4740.061, 4741.10,
4749.03,
4749.06,
4755.70,
4757.101, 4759.061, 4760.032,
4760.06,
4761.051, 4762.031,
4762.06, 4763.05, 4779.091,
5104.012,
5104.013, 5111.033,
5111.034,
5123.081,
5126.28,
5126.281, or
5153.111 of the Revised
Code
shall pay the
fee
prescribed
pursuant to this division. A
person
making a
request
under
section 3701.881 of the Revised Code
for
a criminal
records
check for an applicant who may be both
responsible for
the care,
custody, or control of a child and
involved in
providing direct
care to an older adult shall pay one
fee for the
request. In the
case of a request under section 1121.23, 1155.03, 1163.05,
1315.141, 1733.47, 1761.26, or
5111.032 of the
Revised Code,
the fee shall be paid in the manner
specified in
that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic
method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or
(b),
(A)(9)(a) or (b), (A)(10)(a) or (b), or (A)(12), or (A)(14)
of this
section, or that indicates that
a person previously has
been
convicted of or pleaded guilty to any
criminal offense in
this
state or any other state regarding a
criminal records check
of a
type described in division (A)(13) of
this section, and
that is
made by the superintendent with respect to
information
considered in a criminal records check in accordance
with this
section is valid for the person who is the subject of
the
criminal
records check for a period of one year from the date
upon which
the superintendent makes the determination. During the
period in
which the determination in regard to a person is valid,
if another
request under this section is made for a criminal
records check
for that person, the superintendent shall provide
the information
that is the basis for the superintendent's
initial determination
at a lower fee than the fee prescribed for
the initial criminal
records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in
section 2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
Sec. 926.29. (A) A delayed price agreement is an
executory
contract that shall be in such a form and
contain such
terms as
the director of agriculture shall adopt by rule under
Chapter 119.
of the Revised Code. The agreement shall be
executed by and
between the licensed handler and the depositor or
by their
authorized representatives not later than fifteen days
after the
first delivery of an agricultural commodity is received
for
delayed pricing under the agreement. The handler shall
maintain a
file of executed agreements that are available for
inspection at
any reasonable time by the director or the
director's
designated
representative. The handler also shall keep
records
and ledgers
the director considers necessary to document the
handler's
obligation to the depositor under a delayed price
agreement. The
handler also shall provide
reports, forms, and other
evidence the
director shall adopt by rule to document the storage
and marketing
of commodities under the delayed price agreement.
(B) Subject to the lien that attaches under section 926.021
of the Revised Code and except as otherwise provided in division
(C) of this
section, a licensed handler who purchases any
agricultural
commodity under a delayed price agreement at all
times shall
maintain the commodity, rights in the commodity,
proceeds from
the sale of the commodity, or a combination of the
commodity,
rights, and proceeds equal to at least ninety per cent
of the
value of the handler's obligation for all commodities that
the handler has purchased
that are not priced under delayed price
agreements. The
obligation shall be secured or represented by one
or more of the
following:
(1) Maintenance of the commodity in storage in the
handler's
warehouse;
(2) Rights in commodities as evidenced by a receipt or
ticket
for storage of the commodities under a bailment agreement
in
another warehouse approved by the director;
(3) Proceeds from the sale of commodities as evidenced or
represented by one or more of the following:
(a) Cash on hand or held on account in a state or
federally
licensed financial institution or a lending agency of
the farm
credit administration;
(b) Short-term investments held in time accounts with
state
or federally licensed financial institutions or a lending
agency
of the farm credit administration;
(c) Balances in commodity margin accounts;
(d) Commodities sold and shipped by the handler under
delayed
price agreements that have not been priced less any
payments or
advances that have been received by the handler;
(e) Such other evidence of unencumbered assets as may be
acceptable to the director, including an irrevocable letter of
credit.
(C) In addition to the lien that attaches under section
926.021
of the Revised Code, a depositor who sells an agricultural
commodity to a
licensed handler under a delayed price agreement,
upon giving
notice to the handler either at or prior to the time
of delivery,
may demand as security for payment for the commodity
an amount that,
at the time of delivery, is equal to one hundred
per cent of the
national loan rate value of the commodity under
the United States
department of agriculture price support program,
or seventy-five
per cent of the average price being paid for the
commodity in the
state on the date of demand as published by the
market news
service of the department of agriculture, whichever is
less. The
handler shall satisfy a demand for security on a
commodity sold
under a delayed price agreement at the handler's
option by one of
the following:
(1) Payment to the depositor by cash or bank draft on the
account of the handler;
(2) Causing an irrevocable letter of credit to be issued
to
the depositor by a bank financial institution designated by the
handler securing
payment in the specified amount. The letter of
credit shall be
subject to Chapter 1305. of the Revised Code and
rules adopted by
the director pursuant to Chapter 119. of the
Revised Code.
Sec. 1121.23. Whenever the approval of the superintendent of
financial institutions is required under Chapters 1101. to 1127.
of the Revised Code, or under an order or supervisory action
issued or taken under those chapters, for a person to serve as an
organizer, incorporator, director, executive officer, or
controlling shareholder of a bank, or to otherwise have a
substantial interest in or participate in the management of a
bank, the superintendent shall request the superintendent of the
bureau of criminal identification and investigation, or a vendor
approved by the bureau, to conduct a criminal records check based
on the person's fingerprints in accordance with division (A)(14)
of section 109.572 of the Revised Code. The superintendent of
financial institutions shall request that criminal record
information from the federal bureau of investigation be obtained
as part of the criminal records check. Any fee required under
division (C)(3) of section 109.572 of the Revised Code shall be
paid by the person who is the subject of the request.
Sec. 1155.03. Whenever the approval of the superintendent of
financial institutions is required under Chapters 1151. to 1157.
of the Revised Code, or under an order or supervisory action
issued or taken under those chapters, for a person to serve as an
organizer, incorporator, director, executive officer, or
controlling person of a savings and loan association, or to
otherwise have a substantial interest in or participate in the
management of a savings and loan association, the superintendent
shall request the superintendent of the bureau of criminal
identification and investigation, or a vendor approved by the
bureau, to conduct a criminal records check based on the person's
fingerprints in accordance with division (A)(14) of section
109.572 of the Revised Code. The superintendent of financial
institutions shall request that criminal record information from
the federal bureau of investigation be obtained as part of the
criminal records check. Any fee required under division (C)(3) of
section 109.572 of the Revised Code shall be paid by the person
who is the subject of the request.
Sec. 1163.05. Whenever the approval of the superintendent of
financial institutions is required under Chapters 1161. to 1165.
of the Revised Code, or under an order or supervisory action
issued or taken under those chapters, for a person to serve as an
organizer, incorporator, director, executive officer, or
controlling person of a savings bank, or to otherwise have a
substantial interest in or participate in the management of a
savings bank, the superintendent shall request the superintendent
of the bureau of criminal identification and investigation, or a
vendor approved by the bureau, to conduct a criminal records check
based on the person's fingerprints in accordance with division
(A)(14) of section 109.572 of the Revised Code. The superintendent
of financial institutions shall request that criminal record
information from the federal bureau of investigation be obtained
as part of the criminal records check. Any fee required under
division (C)(3) of section 109.572 of the Revised Code shall be
paid by the person who is the subject of the request.
Sec. 1315.141. Whenever the approval of the superintendent of
financial institutions is required under sections 1315.01 to
1315.18 of the Revised Code, or under an order or supervisory
action issued or taken under those sections, for a person to serve
as an organizer, incorporator, director, executive officer, or
controlling person of a licensee, or to otherwise have a
substantial interest in or participate in the management of a
licensee, the superintendent shall request the superintendent of
the bureau of criminal identification and investigation, or a
vendor approved by the bureau, to conduct a criminal records check
based on the person's fingerprints in accordance with division
(A)(14) of section 109.572 of the Revised Code. The superintendent
of financial institutions shall request that criminal record
information from the federal bureau of investigation be obtained
as part of the criminal records check. Any fee required under
division (C)(3) of section 109.572 of the Revised Code shall be
paid by the person who is the subject of the request.
Sec. 1733.13. (A) Each voting member present in person,
by
proxy, or by mail ballot is entitled to cast one vote,
irrespective of the number of shares he the member owns, on each
matter
properly submitted to the members for their vote, consent,
waiver, release, or other action.
(B) The chairman chairperson of the board, the president, any
vice-president, secretary, or treasurer of any association member
of the credit union shall conclusively be presumed to have
authority to cast the vote of such association member and to
appoint proxies and execute consents, waivers, releases, on its
behalf, unless before a vote is taken or a consent, waiver, or
release is acted upon, it appears by a certified copy of the code
of regulations, bylaws, or a resolution of the trustees,
directors, or executive committee of the said association member,
that such authority does not exist or is vested in some other
officer or person. For the purposes of this section, a person
exercising such authority as such officer is prima-facie to be
considered duly elected, qualified, and acting as such officer.
(C) If the articles or regulations so provide, any person,
who is entitled to attend a members' meeting to vote thereat, or
to execute consents, waivers, or releases, may:
(1) Vote thereat, and execute consents, waivers, and
releases, and exercise any of his the person's other rights, by
mail ballot
delivered to the office of the credit union at least
seven days
prior to the date set for the meeting. At least thirty
days'
notice shall be given to all eligible members of the date
set for
such meeting. No mail ballot shall be valid after the
expiration
of eleven months after delivery to the credit union.
The form of
any mail ballot must shall comply with criteria
established by the superintendent or have the prior written
approval of the
superintendent of credit unions.
(2) Be represented at such meeting or vote thereat, and
execute consents, waivers, and releases, and exercise any of his
the
person's
other rights, by proxy or proxies appointed by a
writing signed
by such person. No appointment of a proxy shall be
valid after
the expiration of eleven months after it is made. The
form of
any proxy must shall comply with criteria established by
the superintendent or have the prior written approval of the
superintendent.
Sec. 1733.15. (A) Except as otherwise provided by law,
the
articles, or regulations, the corporate powers of a credit
union
shall be exercised, its business conducted, and its
property
controlled by a board of directors, provided that the
number of
directors fixed by the articles or regulations shall
not be less
than five.
(B) All directors shall be voting members of the credit
union.
(C) The articles or regulations may divide directors into
two
or more classes whose terms of office shall expire at
different
times and may fix the term of office of the directors
or of any
class of directors at not more than three years from
the date of
their election.
(D) For their own government, the directors may adopt or
amend bylaws or adopt amended bylaws not inconsistent with the
articles or regulations.
(E) In discharging his official duties, a director may, when
acting
with reasonable care and in good faith, rely upon the books
and
records of the credit union, upon reports made to the credit
union by an officer or employee or by any other person selected
for the purpose with reasonable care by the credit union, and
upon
financial statements or written reports prepared by an
officer or
employee of the credit union in charge of its accounts
or
certified by a public accountant or firm of public
accountants.
(F) A credit union shall not elect or appoint a person to
its
board of directors who is presently serving as a director of
another credit union, unless either of the following conditions
has been met:
(1) If the person presently serves on the board of
directors
of a credit union having assets of less than five
million dollars,
the credit union, prior to retaining the
person's services,
notifies the superintendent of credit unions
in writing of the
person's candidacy or appointment as a
director.
(2) If the person presently serves on the board of
directors
of a credit union having assets of five million dollars
or more,
the superintendent has approved the person's candidacy
or
appointment.
(G) If the number of candidates for the board of directors
does not exceed the number of director positions being elected,
those candidates shall be deemed elected and shall serve as set
forth in the articles or regulations.
Sec. 1733.19. (A) The regulations may provide for the
creation by the directors of an executive committee consisting of
not less than three directors, and may authorize the delegation
to
any such committee of any of the authority of directors other
than
any action requiring more than a majority vote of the board
of
directors; provided, that the executive committee shall
exercise
only such authority in the interim between the meetings
of the
board and shall make a full report of, and the board shall
review,
all actions taken at any meeting of such committee at the
next
regular meeting of the board of directors following the
meeting of
the executive committee.
(B) Unless the articles or regulations provide a different
method for the establishment of a supervisory audit committee,
the
board of directors shall appoint a supervisory audit
committee of
not less than three individual voting members for
such term as is
provided in the regulations. The committee shall
audit the books
of the credit union at least annually, using
generally accepted
auditing procedures and standards, and shall
report its findings
to the board. Under the supervision of the
supervisory audit
committee, accounts showing installment
payments by members upon
shares of the credit union shall be
verified at least annually.
(C) In lieu of the appointment of a supervisory audit
committee as provided in division (B) of this section, the board
of directors may employ a public accountant or a firm of public
accountants to perform the functions of a supervisory audit
committee. The board of directors may appoint an audit committee
to oversee the public accountant or firm of public accountants.
(D) The superintendent of credit unions may require at any
time that a credit union have its accounts audited in accordance
with generally accepted auditing standards by an outside auditor.
The outside auditor shall be retained, and expense of any such
audit shall be paid, by the credit union.
(E) Unless the articles or regulations provide for the
appointment of loan officers in lieu of a credit committee, the
board of directors shall appoint, or the members shall elect, a
credit committee composed of not less than three individual
voting
members, which committee shall have such powers in the
granting of
loans and the supervision of lending practices as
shall be
delegated to it by the articles, regulations, or
resolutions of
the board of directors. The credit committee
shall make regular
reports of their activities to the board of
directors, and the
board of directors shall review the reports.
(F) If the articles or regulations so provide, a credit
union
may establish an advisory board consisting of persons
selected by
the board of directors or their designee. Persons
serving on the
advisory board need not be members of the credit
union, they may
be paid per diem not exceeding thirty dollars per
day and expenses
for their services on such board, and their
duties shall be to
make recommendations on financial and policy
matters of the credit
union.
(G) A credit union may establish such other committee or
committees as shall be provided for in the articles, regulations,
bylaws, or by resolution of the board of directors.
Sec. 1733.241. (A) When a share, share account, or deposit
is made in the name of two or more persons, payable to either or
the survivor, the credit union may pay all of the share, share
account, deposit, any part of the share, share account, deposit,
or any interest earned on the share, share account, or deposit, to
either of the named persons, or the guardian of the estate of
either of the named persons, whether or not the other person is
living. The receipt or acquittance of the person paid is a
sufficient release and discharge of the credit union for any
payments made from the account to that person.
(B) A credit union may enter into a written contract with a
natural person for the proceeds of the person's shares, share
accounts, or deposits to be
payable on the death of that person
to another person or to any
entity or organization in accordance
with the terms, restrictions,
and limitations set forth in
sections 2131.10 and 2131.11 of the
Revised Code.
Sec. 1733.242. (A) On the terms and conditions the credit
union prescribes, a credit union may do all of the following:
(1) Provide safes, vaults, safe deposit boxes, night
depositories, and other secure receptacles for the uses, purposes,
and benefits of its members;
(2) Receive tangible property and evidence of tangible or
intangible property for safekeeping using the credit union's
safes, vaults, secure receptacles, or safekeeping system; the
safes, vaults, secure receptacles, or safekeeping system of
another credit union; or the safekeeping system of a safekeeping
agent or custodian.
(B)(1) A credit union may enter into an agreement to rent a
safe deposit box to a minor and accept the appointment of a minor
as agent or deputy on any deposit or safe deposit box by any
person, including a minor, maintaining the deposit or safe deposit
box.
(2) When a credit union enters into a safe deposit box rental
agreement with a minor pursuant to division (B)(1) of this
section, all of the following apply:
(a) The terms and conditions of the safe deposit box rental
agreement are binding on the minor the same as a person of legal
age who rents a safe deposit box.
(b) The relationship between the credit union and the minor
regarding the safe deposit box rental agreement is in all respects
the same as if the minor were a person of legal age.
(c) The credit union shall incur no liability for any
transaction regarding the safe deposit box solely because of doing
business with a minor.
(3) Nothing in divisions (B)(1) and (2) of this section shall
be construed to limit the parental rights provided under section
2111.08 of the Revised Code or to limit the rights of a guardian
appointed pursuant to Chapter 2111. of the Revised Code.
(C) The superintendent of financial institutions shall
promulgate rules to qualify a credit union, safekeeping agent, or
custodian that may receive from another credit union tangible
property and evidence of tangible or intangible property for
safekeeping pursuant to division (A) of this section.
Sec. 1733.243. If any claim is made to any share, share
account, deposit, safe deposit box, property held in safekeeping,
security, obligation, or other property in the credit union's
possession or control, in whole or in part, by any person,
including any member, depositor, individual, or group of
individuals, without clear authority to draw on or exercise any
right or control with respect to the property, the credit union is
not required to recognize the claim without one of the following:
(A) A court order, issued by a court of competent
jurisdiction and served on the credit union, enjoining or
restraining the credit union from taking any action with respect
to the property or instructing the credit union to pay the balance
of the account, provide access to the safe deposit box, or deliver
the property as provided in the order;
(B) A bond, provided by the person making the claim, in the
form and amount and with sureties satisfactory to the credit
union, indemnifying the credit union against any liabilities,
loss, and expenses the credit union might incur because of its
recognition of the claim or because of its refusal, due to the
claim, to honor or recognize any right with respect to the
property.
Sec. 1733.29. (A) A credit union shall keep a permanent
record including:
(1) The original articles and regulations and amendments
thereto and any
amended articles or regulations and amendments
thereto, all bearing the
approval of the superintendent of credit
unions, and the articles shall bear
the certification of the
secretary of state;
(2) The minutes of the incorporators, members, and board of
directors.
(B) A credit union shall keep for a period of not less than
six years the
minutes of all committees of the board.
(C) A credit union shall keep and maintain such financial
records as the
superintendent shall stipulate in rules issued by
the
superintendent, which shall also
include the minimum length of
time such records must be retained.
(D) A credit union shall maintain an alphabetical listing or
classified
listing of the addresses of members of the credit
union.
(E) A credit union shall maintain a copy of any suspicious
activity report it files pursuant to rules adopted by the
superintendent or national credit union
administration
regulation, and the original of all attachments to
the report,
for a period of five years from the date the
report is filed.
(F) A credit union shall keep any other records of its
business and
transactions and maintain the authorized processes
for recording or storing documents or instruments, as may be
required by rules promulgated by the superintendent.
(F)(G) A credit union may keep documents in electronic form
if, in the regular course of business, a credit union possesses,
records, or generates any document, representation, image,
reproduction, or combination thereof, of any agreement,
transaction, act, occurrence, or event, then the recording,
comprising, or reproduction shall have the same force and effect
as one comprised, recorded, or created on paper or other tangible
form by writing, typing, printing, or similar means.
(G)(H)(1) A credit union may make use of digital signatures
in any communication, acknowledgment, agreement, or contract
between a credit union and its member or any other person, in
which a signature is required or used.
(2)(a) Any party to the communication, acknowledgment,
agreement, or contract may affix a signature by use of a digital
signature.
(b) The digital signature, when lawfully used by the person
whose signature it purports to be, shall have the same force and
effect as the use of a manual signature if it is unique to the
person using it, is capable of verification, is under the sole
control of the person using it, and is linked to data in such a
manner that if the data are changed, the digital signature is
invalidated.
(c) Nothing in this section requires any credit union to use
or permit the use of a digital signature.
(d) As used in division (G)(H) of this section, "digital
signature" means an encrypted electronic identifier, created by
computer, intended by the party using it to have the same force
and effect as the use of a manual signature.
(H) Recordings, copies, photographic images, or stored
representations of original documents, papers, or other
instruments or records
made in accordance with this section, or
reproductions of original documents,
papers, or other instruments
or records produced from recordings, copies,
photographic images,
or stored representations made in accordance with this
section,
when properly identified by the officer by whom or under whose
supervision they were made or who has custody of them, have the
same effect at
law as the original records or records made by any
other legally authorized
means. They may be offered in the same
manner and shall be received in
evidence in any court where the
original records, or records made by other
legally authorized
means, could have been introduced and received. Certified or
authenticated
duplicates of recordings, copies, photographic
images, or stored
representations of original documents, papers,
or other instruments or records
made in accordance with this
section, or of reproductions of original
documents, papers, or
other instruments or records produced from recordings,
copies,
photographic images, or stored
representations made in accordance
with this section, shall be admitted in
evidence in the same
manner as the original documents, papers, or other
instruments or
records.
Sec. 1733.291. (A) Every credit union shall retain or
preserve the following credit union records and supporting
documents for only the following periods of time:
(1) For one year:
(a) Broker's confirmations, invoices, and statements relating
to security transactions of the credit union or for or with its
customers, after the date of transaction;
(b) Corporate resolutions, partnership authorizations, and
similar authorizations relating to closed accounts, loans that
have been paid, or other completed transactions, after the date of
closing, payment, or completion;
(c) Ledger records of safe deposit accounts, after the date
of last entry on the ledger;
(d) Night depository records, after the date of transaction;
(e) Records relating to closed Christmas club or similar
limited duration special purpose accounts, after the date of
closing;
(f) Records relating to customer collection accounts, after
the date of transaction;
(g) Stop payment orders, after the effective date;
(h) All records relating to closed consumer credit loans and
discounts, after the date of closing;
(i) Deposit tickets relating to demand deposit accounts,
after the date of deposit.
(2) For six years:
(a) Deposit and withdrawal tickets relating to open or closed
savings accounts, after the date of transaction;
(b) Individual ledger sheets or other records serving the
same purpose that show a zero balance and that relate to demand,
time, or savings deposit accounts, and safekeeping accounts, after
the date of last entry, or, where the ledger sheets or other
records show an open balance, after the date of transfer of the
amount of the balance to another ledger sheet or record;
(c) Official checks, drafts, money orders, and other
instruments for the payment of money issued by the credit union
and that have been canceled, after the date of issue;
(d) Records relating to closed escrow accounts, after the
date of closing;
(e) Records, other than corporate resolutions, partnership
authorizations, and similar authorizations relating to closed
loans and discounts other than consumer credit loans and
discounts, after the date of closing;
(f) Safe deposit access tickets and correspondence or
documents relating to access, after the date of transaction;
(g) Lease or contract records relating to closed safe deposit
accounts, after the date of closing;
(h) Signature cards relating to closed demand, savings, or
time accounts, closed safe deposit accounts, and closed
safekeeping accounts, after the date of closing;
(i) Undelivered statements for demand deposit, negotiable
order of withdrawal, savings, agency, brokerage, or other accounts
for which customer statements are prepared, and canceled checks or
other items, after the date of statement, provided the credit
union has attempted to send the statements and checks or other
items to its customer, has held them pursuant to the instructions
of or an agreement with its customer, or has made them available
to its customer.
(B) The superintendent of financial institutions may
designate a retention period of either one year or six years for
any record maintained by a credit union but not listed in division
(A) of this section. The credit union shall retain or preserve
records that are not listed in division (A) of this section and
for which the superintendent has not designated a retention period
for six years from the date of completion of the transaction to
which the record relates or, if the last entry has been
transferred to a new record showing the continuation of a
transaction not yet completed, from the date of the last entry.
(C) The requirements of divisions (A) and (B) of this section
may be complied with by the preservation of records in the manner
prescribed in section 1733.29 of the Revised Code.
(D) In construing the terms set forth in division (A) of this
section, reference may be made to general credit union usage.
(E) A credit union may dispose of any records that have been
retained or preserved for the period set forth in divisions (A)
and (B) of this section.
(F) Any action by or against a credit union based on, or the
determination of which would depend on, the contents of records
for which a period of retention or preservation is set forth in
divisions (A) and (B) of this section shall be brought within the
time for which the record must be retained or preserved.
(G) Where a record may be classified under either division
(A)(1) or (2) of this section, the credit union shall retain or
preserve the record for the period set forth in division (A)(2) of
this section.
Sec. 1733.292. (A) A credit union may, for any business
purpose, retain a
document, paper, or other instrument or record
by use of a process to record,
copy, photograph, or store a
representation of the original document, paper,
or other
instrument or record, if all of the following apply:
(1) The process correctly and accurately copies or
reproduces, or provides
a means for correctly and accurately
copying or reproducing, the original
document, paper, or other
instrument or record with regard to both its
substance and
appearance, except the copy or reproduction need not reflect the
original paper or other medium, size, or color, unless the medium,
size, or
color is necessary to establish the authenticity of the
original.
(2) The process does not permit the recording, copy,
photographic image,
or stored representation of the original
document, paper, or other instrument
or record to be altered or
manipulated.
(3) Any medium the process uses to record, copy,
photograph,
or store a representation of the original document, paper, or
other instrument or record is a durable medium for retaining and
reproducing
records.
(B) The superintendent of financial institutions shall
identify
and publish a list
of processes that satisfy the
conditions of division (A) of this
section.
(C) Each credit union that uses a process authorized by this
section to
preserve any of its records shall also provide for
safekeeping and for
examining, viewing, or projecting the records
preserved, and for producing
reproductions of the original
records.
(D) Recordings, copies, photographic images, or stored
representations of original documents, papers, or other
instruments or records
made in accordance with this section, or
reproductions of original documents,
papers, or other instruments
or records produced from recordings, copies,
photographic images,
or stored representations made in accordance with this
section,
when properly identified by the officer by whom or under whose
supervision they were made or who has custody of them, have the
same effect at
law as the original records or records made by any
other legally authorized
means. They may be offered in the same
manner and shall be received in
evidence in any court where the
original records, or records made by other
legally authorized
means, could have been introduced and received. Certified or
authenticated
duplicates of recordings, copies, photographic
images, or stored
representations of original documents, papers,
or other instruments or records
made in accordance with this
section, or of reproductions of original
documents, papers, or
other instruments or records produced from recordings,
copies,
photographic images, or stored
representations made in accordance
with this section, shall be admitted in
evidence in the same
manner as the original documents, papers, or other
instruments or
records.
Sec. 1733.329. (A) There is hereby created in the division
of
financial institutions the credit union council, which shall
consist of seven members. The deputy superintendent for credit
unions shall be a member of the council and its chairperson. The
governor, with the advice and consent of the senate, shall appoint
the remaining six members.
(B)(1) At least five of the six members appointed to the
council
shall have had credit union experience.
(2) At least four of the six members appointed to the council
shall be, at the time of appointment, individuals currently
engaged in
the exercise of duties, responsibilities, rights, and
powers of a
director or chief executive officer of a
state-chartered credit
union having its principal office in this
state and doing business
in this state pursuant to this chapter
under the authority of the
superintendent of financial
institutions.
(3) At least one of the six members appointed to the council
shall
be a director or chief executive officer of a
state-chartered, federally
insured credit union.
(4) At least one of the six members appointed to the council
shall
be a director or chief executive officer of a
state-chartered, privately
insured credit union.
(5) At least one of the six members appointed to the council
shall
be a director or chief executive officer of a
state-chartered credit
union with five thirty-five million dollars
or
less in assets.
(6) At least one of the six members appointed to the council
shall
be a director or chief executive officer of a
state-chartered credit
union with more than five fifty million
dollars in assets.
(C)(1) Initial appointments to the council shall be made
within
sixty days after the effective date of this section. Of the
initial appointments, two shall expire one year after the
effective date of this section, two shall expire two years after
the effective date of this section, and two shall expire three
years after the effective date of this section. Thereafter, terms
of office shall be for three years.
(2) Each member shall hold office from the date of
appointment
until the end of the term for which the member was
appointed. In the
case of a vacancy in the office of any member,
the governor shall
appoint a successor, who shall hold office for
the remainder of the
term for which the successor's predecessor
was appointed. Any
member shall continue in office subsequent to
the expiration date
of the member's term until the member's
successor takes office, or
until sixty days has elapsed, whichever
occurs first.
(3) If during a member's term on the council, the member
ceases to
be a director or chief executive officer of a credit
union as described
in divisions (B)(2) to (6) of this section for
a period exceeding
ninety days, the member shall be ineligible to
continue to serve as a member
of the council, and the member's
position on
the council shall be considered vacant.
(D) No person appointed as a member of the credit union
council
may serve more than two consecutive full terms. However, a
member may serve
two consecutive full terms following the
remainder
of a term for which the member was appointed to fill a
vacancy or
following any term for which the member was appointed
prior to the
effective date of this section.
(E)(1) The council shall hold regular meetings at the time
and
place it fixes, but at least once every six months, and shall
meet at any time
on call of the deputy superintendent to conduct
its business and to decide by vote of the members the location of
future meetings. Each member shall be provided with written
notice
of the time and location of each council meeting at least
two days
prior to the scheduled date of the meeting, unless the
council by
resolution provides for a shorter time. Four of the
members of the
council constitute a quorum to transact and vote
on all business
coming before the council.
(2) The council, by a majority vote of those present at a
meeting
at which there is a quorum, may adopt and amend bylaws and
rules the
council considers necessary and proper. The council
shall select one of
its members as secretary, who shall keep a
record of all its
proceedings.
(3) No member shall participate in a proceeding before the
council
involving any credit union of which the member is or was
at any
time in the preceding twelve months a member of the board
of
directors, an officer, an employee, or a shareholder. A member
may refrain from participating in the proceedings of the council
for any other cause the member considers sufficient.
(F) The members of the council shall receive no salary, but
their
expenses incurred in performance of their duties shall be
paid from funds
appropriated for that purpose.
(G) The governor may remove any of the six members appointed
to
the council whenever in the governor's judgment the public
interest requires removal. Upon removing a member of the council,
the governor shall file with the superintendent of financial
institutions a statement of the cause for the removal.
Sec. 1733.34. (A) Any credit union may, with the approval
of
the superintendent of credit unions, merge with any other
credit
union under the existing charter of the other credit
union,
pursuant to any plan approved by the board of directors of
each
credit union joining in the merger, and approved by
two-thirds a
majority of the members of each credit union represented at a
meeting of members in person, by ballot, or by proxy, duly called
for such purpose, at which a
minimum of ten per cent quorum of the
entire membership is present,
unless such meeting of members of
either credit union has been
waived by the superintendent. The
superintendent may waive the members' vote if it is in the
interest
of the members, credit union, or for any other reason
the
superintendent deems proper. After such approval of the board
and
members of each credit union, the president or chairman
chairperson of
the board and secretary of each credit union shall
execute a
certificate of merger, which shall set forth all of the
following:
(1) The time and place of the meeting of the board of
directors at which the plan was agreed upon;
(2) The vote in favor of adoption of the plan;
(3) A copy of the resolution or other action by which the
plan was agreed upon;
(4) The time and place of the meeting of the members at
which
the plan agreed upon was approved;
(5) The vote by which the plan was approved by the
members.
(B) Such certificates and a copy of the plan of merger
agreed
upon shall be forwarded to the superintendent and, upon
approval,
returned to the merging credit unions.
(C) Upon any such merger so effected, all property,
property
rights, and interests of the merged credit unions shall
vest in
the surviving credit union without deed, endorsement, or
other
instrument of transfer, and all debts, obligations, and
liabilities of the merged credit unions shall be deemed to have
been assumed by the surviving credit union under whose charter
the
merger was effected.
(D) This section shall be construed, whenever possible, to
permit a credit union chartered under any other act to merge with
one chartered under this act.
(E) All persons and associations eligible for membership,
as
provided in section 1733.05 of the Revised Code, of both
credit
unions effecting a merger shall be deemed to have a common
bond of
association.
Sec. 1733.47. Whenever the approval of the superintendent of
credit unions is required under this chapter, or under an order or
supervisory action issued or taken under this chapter, for a
person to serve as an organizer, incorporator, director, or
executive officer of a credit union, or to otherwise participate
in the management of a credit union, the superintendent shall
request the superintendent of the bureau of criminal
identification and investigation, or a vendor approved by the
bureau, to conduct a criminal records check based on the person's
fingerprints in accordance with division (A)(14) of section
109.572 of the Revised Code. The superintendent of credit unions
shall request that criminal record information from the federal
bureau of investigation be obtained as part of the criminal
records check. Any fee required under division (C)(3) of section
109.572 of the Revised Code shall be paid by the person who is the
subject of the request.
Sec. 1761.26. Whenever the approval of the superintendent of
credit unions is required under this chapter, or under an order or
supervisory action issued or taken under this chapter, for a
person to serve as an organizer, incorporator, director, or
executive officer of a credit union share guaranty corporation, or
to otherwise participate in the management of such a corporation,
the superintendent shall request the superintendent of the bureau
of criminal identification and investigation, or a vendor approved
by the bureau, to conduct a criminal records check based on the
person's fingerprints in accordance with division (A)(14) of
section 109.572 of the Revised Code. The superintendent of credit
unions shall request that criminal record information from the
federal bureau of investigation be obtained as part of the
criminal records check. Any fee required under division (C)(3) of
section 109.572 of the Revised Code shall be paid by the person
who is the subject of the request.
SECTION 2. That existing sections 109.572, 926.29, 1733.13,
1733.15,
1733.19, 1733.29, 1733.329, and 1733.34 of the Revised
Code are hereby
repealed.
|