Sub.
S.B. 320
127th General Assembly
H. Criminal Justice
The House committee adopted amendments to the Senate-passed version of the bill that do the following:
1. Specify that in
addition to the existing penalties for theft, if an offender commits theft by
stealing rented property or rental services, the court may order that the
offender make restitution pursuant to R.C. 2929.18 or 2929.28.
2. Specify
that the restitution described in the preceding paragraph may include, but is
not limited to, the cost of repairing or replacing the stolen property, or the
cost of repairing the stolen property and any loss of
revenue resulting from deprivation of the property due to theft of rental
services that is less than or equal to the actual value of the property at the
time it was rented.
3. Specify that the section of the Revised Code
that explains how to establish evidence of intent to commit theft of rented
property also applies to theft of "rental services."
4. Include "rental services" in the
definition of "services" that applies in the theft and fraud sections
of the Revised Code.
5. Specify that, regarding a successor
manufacturer of alcoholic beverages that acquires all or substantially all of
the stock or assets of another manufacturer of alcoholic beverages through
merger or acquisition, or acquires or is the assignee of a particular product
or brand of alcoholic beverage from another manufacturer, the territories for
the particular product or brand of alcoholic beverage must not be assigned to
another distributor until the successor manufacturer compensates the terminated
or nonrenewed distributor for the diminished value of
the distributor's business.
6. Specify that when a distributor of alcoholic
beverages receives written notice of termination or nonrenewal of its franchise
pursuant to R.C. 1333.85(D), the distribution of beer or wine for 90 days or
more without a written contract does not constitute a franchise relationship
between the successor manufacturer and the distributor under R.C. 1333.83.
7. Specify that, regarding a successor
manufacturer of alcoholic beverages that acquires all or substantially all of
the stock or assets of another manufacturer of alcoholic beverages through
merger or acquisition, or acquires or is the assignee of a particular product
or brand of alcoholic beverage from another manufacturer, except as provided in
the paragraphs below, within 75 days after a distributor receives written
notice of termination or nonrenewal of its franchise pursuant to R.C. 1333.85(D),
the distributor must provide the successor manufacturer with three previous
years of financial statements and other relevant and reasonably necessary
financial information regarding the diminished value of the distributor's
business.
8. Specify that the distributor and successor
manufacturer described in the preceding paragraph must negotiate in good faith
to determine the diminished value of the distributor's business, and the
successor manufacturer must pay the distributor for that diminished value.
9. Specify that if the distributor and successor
manufacturer described in the second preceding
paragraph are unable to negotiate in good faith or are unable to resolve
the distributor's diminished value within 90 days of the date that notice of termination
is given, either party may bring an action in the court of common pleas of the
county in which the distributor's principal place of business in this state is
located within 90 days of the date that notice of termination is given, except
that the parties may mutually agree in writing to extend that 90-day period.
10. Specify that the court of common pleas must
determine the diminished value of the distributor's business within 90 days
after the action is filed and the successor manufacturer must pay the
distributor the amount of diminished value the court determines.
11. Specify that upon payment of the amount
described in the preceding paragraph by the manufacturer to the distributor,
the successor manufacturer may transfer the brands to a new distributor.
12. Specify that, regarding the decision of the
court of common pleas described in the second preceding paragraph, either party
may appeal that decision to the court of appeals, and that the filing of an
appeal does not stay the successor manufacturer's payment of diminished value
to the distributor or the successor manufacturer's transfer of brands to a new
distributor.
13. Specify that, if the court is unable to
determine the diminished value of the distributor's business within 90 days
after the action is filed, the court must order the successor manufacturer to
pay its last good faith offer to the distributor on the 91st day after the
action is filed and must treat the manufacturer's application for that order as
a request for emergency injunctive relief without the need for any showing of
irreparable harm.
14. Specify that upon payment of the amount of
the successor manufacturer's last good faith offer described in the preceding
paragraph, the successor manufacturer may transfer the brands to a new
distributor.
15. Specify that after the successor
manufacturer's payment of the amount described in the preceding paragraph and
its transfer of the brands, the court must determine the diminished value of
the distributor's business and the successor manufacturer must pay the distributor
the amount of the diminished value determined by the court less the amount of
its good faith offer previously paid by the successor manufacturer to the
distributor.
16. Provide that the parties by mutual agreement
extend or shorten any of the time deadlines set forth in paragraphs 5 to 15 of this document.
S0320-127.doc/ar 12/15/2008