Bill Text: OH HB325 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To repeal the Short-Term Loan Act and to prohibit payday lending by entities other than traditional financial institutions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-10-21 - To Financial Institutions, Real Estate, & Securities [HB325 Detail]

Download: Ohio-2009-HB325-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 325

Representative Yates 

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A BILL

To amend sections 109.572, 135.68, 1181.21, 1181.25,

1

1321.02, 1321.12, 1321.53, 1321.59, 1321.99,

2

1343.01, 1345.01, 2307.61, and 4712.01, and to

3

repeal sections 1321.35 to 1321.42, 1321.421,

4

1321.422, 1321.43 to 1321.46, 1321.461, 1321.47,

5

and 1321.48 of the Revised Code to repeal the

6

Short-Term Loan Act and to prohibit payday lending

7

by entities other than traditional financial

8

institutions.

9

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

Section 1. That sections 109.572, 135.68, 1181.21, 1181.25,	10
1321.02, 1321.12, 1321.53, 1321.59, 1321.99, 1343.01, 1345.01,	11
2307.61, and 4712.01 be amended to read as follows:	12

Sec. 109.572. (A)(1) Upon receipt of a request pursuant to	13
section 121.08, 3301.32, 3301.541, or 3319.39 of the Revised	14
Code, a completed form prescribed pursuant to division (C)(1) of	15
this section, and a set of fingerprint impressions obtained in	16
the manner described in division (C)(2) of this section, the	17
superintendent of the bureau of criminal identification and	18
investigation shall conduct a criminal records check in the	19
manner described in division (B) of this section to determine	20
whether any information exists that indicates that the person who	21
is the subject of the request previously has been convicted of or	22
pleaded guilty to any of the following:	23

(a) A violation of section 2903.01, 2903.02, 2903.03,	24
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	25
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	26
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	27
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,	28
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,	29
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,	30
2925.06, or 3716.11 of the Revised Code, felonious sexual	31
penetration in violation of former section 2907.12 of the Revised	32
Code, a violation of section 2905.04 of the Revised Code as it	33
existed prior to July 1, 1996, a violation of section 2919.23 of	34
the Revised Code that would have been a violation of section	35
2905.04 of the Revised Code as it existed prior to July 1, 1996,	36
had the violation been committed prior to that date, or a	37
violation of section 2925.11 of the Revised Code that is not a	38
minor drug possession offense;	39

(b) A violation of an existing or former law of this state,	40
any other state, or the United States that is substantially	41
equivalent to any of the offenses listed in division (A)(1)(a) of	42
this section.	43

(2) On receipt of a request pursuant to section 5123.081 of	44
the Revised Code with respect to an applicant for employment in	45
any position with the department of developmental disabilities,	46
pursuant to section 5126.28 of the Revised Code with respect to	47
an applicant for employment in any position with a county board	48
of developmental disabilities, or pursuant to section 5126.281 of	49
the Revised Code with respect to an applicant for employment in a	50
direct services position with an entity contracting with a county	51
board for employment, a completed form prescribed pursuant to	52
division (C)(1) of this section, and a set of fingerprint	53
impressions obtained in the manner described in division (C)(2) of	54
this section, the superintendent of the bureau of criminal	55
identification and investigation shall conduct a criminal records	56
check. The superintendent shall conduct the criminal records check	57
in the manner described in division (B) of this section to	58
determine whether any information exists that indicates that the	59
person who is the subject of the request has been convicted of or	60
pleaded guilty to any of the following:	61

(a) A violation of section 2903.01, 2903.02, 2903.03,	62
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	63
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,	64
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,	65
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	66
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,	67
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,	68
2925.03, or 3716.11 of the Revised Code;	69

(b) An existing or former municipal ordinance or law of this	70
state, any other state, or the United States that is substantially	71
equivalent to any of the offenses listed in division (A)(2)(a) of	72
this section.	73

(3) On receipt of a request pursuant to section 173.27,	74
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a	75
completed form prescribed pursuant to division (C)(1) of this	76
section, and a set of fingerprint impressions obtained in the	77
manner described in division (C)(2) of this section, the	78
superintendent of the bureau of criminal identification and	79
investigation shall conduct a criminal records check with respect	80
to any person who has applied for employment in a position for	81
which a criminal records check is required by those sections. The	82
superintendent shall conduct the criminal records check in the	83
manner described in division (B) of this section to determine	84
whether any information exists that indicates that the person who	85
is the subject of the request previously has been convicted of or	86
pleaded guilty to any of the following:	87

(a) A violation of section 2903.01, 2903.02, 2903.03,	88
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	89
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	90
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	91
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	92
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	93
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	94
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	95
2925.22, 2925.23, or 3716.11 of the Revised Code;	96

(b) An existing or former law of this state, any other state,	97
or the United States that is substantially equivalent to any of	98
the offenses listed in division (A)(3)(a) of this section.	99

(4) On receipt of a request pursuant to section 3701.881 of	100
the Revised Code with respect to an applicant for employment with	101
a home health agency as a person responsible for the care,	102
custody, or control of a child, a completed form prescribed	103
pursuant to division (C)(1) of this section, and a set of	104
fingerprint impressions obtained in the manner described in	105
division (C)(2) of this section, the superintendent of the bureau	106
of criminal identification and investigation shall conduct a	107
criminal records check. The superintendent shall conduct the	108
criminal records check in the manner described in division (B) of	109
this section to determine whether any information exists that	110
indicates that the person who is the subject of the request	111
previously has been convicted of or pleaded guilty to any of the	112
following:	113

(a) A violation of section 2903.01, 2903.02, 2903.03,	114
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	115
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,	116
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,	117
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,	118
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	119
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	120
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a	121
violation of section 2925.11 of the Revised Code that is not a	122
minor drug possession offense;	123

(b) An existing or former law of this state, any other state,	124
or the United States that is substantially equivalent to any of	125
the offenses listed in division (A)(4)(a) of this section.	126

(5) On receipt of a request pursuant to section 5111.032,	127
5111.033, or 5111.034 of the Revised Code, a completed form	128
prescribed pursuant to division (C)(1) of this section, and a set	129
of fingerprint impressions obtained in the manner described in	130
division (C)(2) of this section, the superintendent of the bureau	131
of criminal identification and investigation shall conduct a	132
criminal records check. The superintendent shall conduct the	133
criminal records check in the manner described in division (B) of	134
this section to determine whether any information exists that	135
indicates that the person who is the subject of the request	136
previously has been convicted of, has pleaded guilty to, or has	137
been found eligible for intervention in lieu of conviction for	138
any of the following, regardless of the date of the conviction,	139
the date of entry of the guilty plea, or the date the person was	140
found eligible for intervention in lieu of conviction:	141

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	142
2903.04, 2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,	143
2903.21, 2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05,	144
2905.11, 2905.12, 2907.02, 2907.03, 2907.04, 2907.05, 2907.06,	145
2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23, 2907.24,	146
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	147
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,	148
2911.02, 2911.11, 2911.12, 2911.13, 2913.02, 2913.03, 2913.04,	149
2913.05, 2913.11, 2913.21, 2913.31, 2913.32, 2913.40, 2913.41,	150
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,	151
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,	152
2917.31, 2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,	153
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,	154
2923.03, 2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,	155
2925.04, 2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,	156
2925.23, 2927.12, or 3716.11 of the Revised Code, felonious	157
sexual penetration in violation of former section 2907.12 of the	158
Revised Code, a violation of section 2905.04 of the Revised Code	159
as it existed prior to July 1, 1996, a violation of section	160
2919.23 of the Revised Code that would have been a violation of	161
section 2905.04 of the Revised Code as it existed prior to July	162
1, 1996, had the violation been committed prior to that date;	163

(b) A violation of an existing or former municipal ordinance	164
or law of this state, any other state, or the United States that	165
is substantially equivalent to any of the offenses listed in	166
division (A)(5)(a) of this section.	167

(6) On receipt of a request pursuant to section 3701.881 of	168
the Revised Code with respect to an applicant for employment with	169
a home health agency in a position that involves providing direct	170
care to an older adult, a completed form prescribed pursuant to	171
division (C)(1) of this section, and a set of fingerprint	172
impressions obtained in the manner described in division (C)(2) of	173
this section, the superintendent of the bureau of criminal	174
identification and investigation shall conduct a criminal records	175
check. The superintendent shall conduct the criminal records check	176
in the manner described in division (B) of this section to	177
determine whether any information exists that indicates that the	178
person who is the subject of the request previously has been	179
convicted of or pleaded guilty to any of the following:	180

(a) A violation of section 2903.01, 2903.02, 2903.03,	181
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	182
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,	183
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,	184
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,	185
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,	186
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,	187
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,	188
2925.22, 2925.23, or 3716.11 of the Revised Code;	189

(b) An existing or former law of this state, any other state,	190
or the United States that is substantially equivalent to any of	191
the offenses listed in division (A)(6)(a) of this section.	192

(7) When conducting a criminal records check upon a request	193
pursuant to section 3319.39 of the Revised Code for an applicant	194
who is a teacher, in addition to the determination made under	195
division (A)(1) of this section, the superintendent shall	196
determine whether any information exists that indicates that the	197
person who is the subject of the request previously has been	198
convicted of or pleaded guilty to any offense specified in section	199
3319.31 of the Revised Code.	200

(8) On receipt of a request pursuant to section 2151.86 of	201
the Revised Code, a completed form prescribed pursuant to	202
division (C)(1) of this section, and a set of fingerprint	203
impressions obtained in the manner described in division (C)(2)	204
of this section, the superintendent of the bureau of criminal	205
identification and investigation shall conduct a criminal records	206
check in the manner described in division (B) of this section to	207
determine whether any information exists that indicates that the	208
person who is the subject of the request previously has been	209
convicted of or pleaded guilty to any of the following:	210

(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,	211
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,	212
2903.211, 2903.22, 2903.34, 2905.01, 2905.02, 2905.05, 2907.02,	213
2907.03, 2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09,	214
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,	215
2907.322, 2907.323, 2909.02, 2909.03, 2909.22, 2909.23, 2909.24,	216
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,	217
2919.12, 2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161,	218
2925.02, 2925.03, 2925.04, 2925.05, 2925.06, 2927.12, or 3716.11	219
of the Revised Code, a violation of section 2905.04 of the	220
Revised Code as it existed prior to July 1, 1996, a violation of	221
section 2919.23 of the Revised Code that would have been a	222
violation of section 2905.04 of the Revised Code as it existed	223
prior to July 1, 1996, had the violation been committed prior to	224
that date, a violation of section 2925.11 of the Revised Code	225
that is not a minor drug possession offense, two or more OVI or	226
OVUAC violations committed within the three years immediately	227
preceding the submission of the application or petition that is	228
the basis of the request, or felonious sexual penetration in	229
violation of former section 2907.12 of the Revised Code;	230

(b) A violation of an existing or former law of this state,	231
any other state, or the United States that is substantially	232
equivalent to any of the offenses listed in division (A)(8)(a) of	233
this section.	234

(9) Upon receipt of a request pursuant to section 5104.012	235
or 5104.013 of the Revised Code, a completed form prescribed	236
pursuant to division (C)(1) of this section, and a set of	237
fingerprint impressions obtained in the manner described in	238
division (C)(2) of this section, the superintendent of the bureau	239
of criminal identification and investigation shall conduct a	240
criminal records check in the manner described in division (B) of	241
this section to determine whether any information exists that	242
indicates that the person who is the subject of the request has	243
been convicted of or pleaded guilty to any of the following:	244

(a) A violation of section 2903.01, 2903.02, 2903.03,	245
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,	246
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,	247
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,	248
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,	249
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,	250
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,	251
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,	252
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,	253
2919.22, 2919.24, 2919.25, 2921.11, 2921.13, 2923.01, 2923.12,	254
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or	255
3716.11 of the Revised Code, felonious sexual penetration in	256
violation of former section 2907.12 of the Revised Code, a	257
violation of section 2905.04 of the Revised Code as it existed	258
prior to July 1, 1996, a violation of section 2919.23 of the	259
Revised Code that would have been a violation of section 2905.04	260
of the Revised Code as it existed prior to July 1, 1996, had the	261
violation been committed prior to that date, a violation of	262
section 2925.11 of the Revised Code that is not a minor drug	263
possession offense, a violation of section 2923.02 or 2923.03 of	264
the Revised Code that relates to a crime specified in this	265
division, or a second violation of section 4511.19 of the	266
Revised Code within five years of the date of application for	267
licensure or certification.	268

(b) A violation of an existing or former law of this state,	269
any other state, or the United States that is substantially	270
equivalent to any of the offenses or violations described in	271
division (A)(9)(a) of this section.	272

(10) Upon receipt of a request pursuant to section 5153.111	273
of the Revised Code, a completed form prescribed pursuant to	274
division (C)(1) of this section, and a set of fingerprint	275
impressions obtained in the manner described in division (C)(2) of	276
this section, the superintendent of the bureau of criminal	277
identification and investigation shall conduct a criminal records	278
check in the manner described in division (B) of this section to	279
determine whether any information exists that indicates that the	280
person who is the subject of the request previously has been	281
convicted of or pleaded guilty to any of the following:	282

(a) A violation of section 2903.01, 2903.02, 2903.03,	283
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,	284
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,	285
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,	286
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,	287
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,	288
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,	289
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,	290
felonious sexual penetration in violation of former section	291
2907.12 of the Revised Code, a violation of section 2905.04 of the	292
Revised Code as it existed prior to July 1, 1996, a violation of	293
section 2919.23 of the Revised Code that would have been a	294
violation of section 2905.04 of the Revised Code as it existed	295
prior to July 1, 1996, had the violation been committed prior to	296
that date, or a violation of section 2925.11 of the Revised Code	297
that is not a minor drug possession offense;	298

(b) A violation of an existing or former law of this state,	299
any other state, or the United States that is substantially	300
equivalent to any of the offenses listed in division (A)(10)(a) of	301
this section.	302

(11) On receipt of a request for a criminal records check	303
from an individual pursuant to section 4749.03 or 4749.06 of the	304
Revised Code, accompanied by a completed copy of the form	305
prescribed in division (C)(1) of this section and a set of	306
fingerprint impressions obtained in a manner described in division	307
(C)(2) of this section, the superintendent of the bureau of	308
criminal identification and investigation shall conduct a criminal	309
records check in the manner described in division (B) of this	310
section to determine whether any information exists indicating	311
that the person who is the subject of the request has been	312
convicted of or pleaded guilty to a felony in this state or in any	313
other state. If the individual indicates that a firearm will be	314
carried in the course of business, the superintendent shall	315
require information from the federal bureau of investigation as	316
described in division (B)(2) of this section. The superintendent	317
shall report the findings of the criminal records check and any	318
information the federal bureau of investigation provides to the	319
director of public safety.	320

(12) On receipt of a request pursuant to section 1321.37,	321
1321.53, 1321.531, 1322.03, 1322.031, or 4763.05 of the Revised	322
Code, a completed form prescribed pursuant to division (C)(1)	323
of this section, and a set of fingerprint impressions obtained	324
in the manner described in division (C)(2) of this section, the	325
superintendent of the bureau of criminal identification and	326
investigation shall conduct a criminal records check with	327
respect to any person who has applied for a license, permit, or	328
certification from the department of commerce or a division in	329
the department. The superintendent shall conduct the criminal	330
records check in the manner described in division (B) of this	331
section to determine whether any information exists that	332
indicates that the person who is the subject of the request	333
previously has been convicted of or pleaded guilty to any of	334
the following: a violation of section 2913.02, 2913.11, 2913.31,	335
2913.51, or 2925.03 of the Revised Code; any other criminal	336
offense involving theft, receiving stolen property,	337
embezzlement, forgery, fraud, passing bad checks, money	338
laundering, or drug trafficking, or any criminal offense	339
involving money or securities, as set forth in Chapters 2909.,	340
2911., 2913., 2915., 2921., 2923., and 2925. of the Revised	341
Code; or any existing or former law of this state, any other	342
state, or the United States that is substantially equivalent to	343
those offenses.	344

(13) On receipt of a request for a criminal records check	345
from the treasurer of state under section 113.041 of the Revised	346
Code or from an individual under section 4701.08, 4715.101,	347
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	348
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	349
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	350
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	351
4762.031, 4762.06, or 4779.091 of the Revised Code, accompanied	352
by a completed form prescribed under division (C)(1) of this	353
section and a set of fingerprint impressions obtained in the	354
manner described in division (C)(2) of this section, the	355
superintendent of the bureau of criminal identification and	356
investigation shall conduct a criminal records check in the	357
manner described in division (B) of this section to determine	358
whether any information exists that indicates that the person who	359
is the subject of the request has been convicted of or pleaded	360
guilty to any criminal offense in this state or any other state.	361
The superintendent shall send the results of a check requested	362
under section 113.041 of the Revised Code to the treasurer of	363
state and shall send the results of a check requested under any of	364
the other listed sections to the licensing board specified by the	365
individual in the request.	366

(14) On receipt of a request pursuant to section 1121.23,	367
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised	368
Code, a completed form prescribed pursuant to division (C)(1) of	369
this section, and a set of fingerprint impressions obtained in the	370
manner described in division (C)(2) of this section, the	371
superintendent of the bureau of criminal identification and	372
investigation shall conduct a criminal records check in the manner	373
described in division (B) of this section to determine whether any	374
information exists that indicates that the person who is the	375
subject of the request previously has been convicted of or pleaded	376
guilty to any criminal offense under any existing or former law of	377
this state, any other state, or the United States.	378

(15) Not later than thirty days after the date the	379
superintendent receives a request of a type described in division	380
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10), (11),	381
(12), or (14) of this section, the completed form, and the	382
fingerprint impressions, the superintendent shall send the	383
person, board, or entity that made the request any information,	384
other than information the dissemination of which is prohibited	385
by federal law, the superintendent determines exists with respect	386
to the person who is the subject of the request that indicates	387
that the person previously has been convicted of or pleaded	388
guilty to any offense listed or described in division (A)(1),	389
(2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), or	390
(14) of this section, as appropriate. The superintendent shall	391
send the person, board, or entity that made the request a copy of	392
the list of offenses specified in division (A)(1), (2), (3), (4),	393
(5), (6), (7), (8), (9), (10), (11), (12), or (14) of this	394
section, as appropriate. If the request was made under section	395
3701.881 of the Revised Code with regard to an applicant who may	396
be both responsible for the care, custody, or control of a child	397
and involved in providing direct care to an older adult, the	398
superintendent shall provide a list of the offenses specified in	399
divisions (A)(4) and (6) of this section.	400

Not later than thirty days after the superintendent receives	401
a request for a criminal records check pursuant to section 113.041	402
of the Revised Code, the completed form, and the fingerprint	403
impressions, the superintendent shall send the treasurer of state	404
any information, other than information the dissemination of which	405
is prohibited by federal law, the superintendent determines exist	406
with respect to the person who is the subject of the request that	407
indicates that the person previously has been convicted of or	408
pleaded guilty to any criminal offense in this state or any other	409
state.	410

(B) The superintendent shall conduct any criminal records	411
check requested under section 113.041, 121.08, 173.27, 173.394,	412
1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531, 1322.03,	413
1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541, 3319.39,	414
3701.881, 3712.09, 3721.121, 3722.151, 4701.08, 4715.101,	415
4717.061, 4725.121, 4725.501, 4729.071, 4730.101, 4730.14,	416
4730.28, 4731.081, 4731.15, 4731.171, 4731.222, 4731.281,	417
4731.296, 4731.531, 4732.091, 4734.202, 4740.061, 4741.10,	418
4749.03, 4749.06, 4755.70, 4757.101, 4759.061, 4760.032,	419
4760.06, 4761.051, 4762.031, 4762.06, 4763.05, 4779.091,	420
5104.012, 5104.013, 5111.032, 5111.033, 5111.034, 5123.081,	421
5126.28, 5126.281, or 5153.111 of the Revised Code as follows:	422

(1) The superintendent shall review or cause to be reviewed	423
any relevant information gathered and compiled by the bureau under	424
division (A) of section 109.57 of the Revised Code that relates to	425
the person who is the subject of the request, including, if the	426
criminal records check was requested under section 113.041,	427
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	428
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	429
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	430
3721.121, 3722.151, 4749.03, 4749.06, 4763.05, 5104.012,	431
5104.013, 5111.032, 5111.033, 5111.034, 5123.081, 5126.28,	432
5126.281, or 5153.111 of the Revised Code, any relevant	433
information contained in records that have been sealed under	434
section 2953.32 of the Revised Code;	435

(2) If the request received by the superintendent asks for	436
information from the federal bureau of investigation, the	437
superintendent shall request from the federal bureau of	438
investigation any information it has with respect to the person	439
who is the subject of the request, including fingerprint-based	440
checks of national crime information databases as described in 42	441
U.S.C. 671 if the request is made pursuant to section 2151.86,	442
5104.012, or 5104.013 of the Revised Code or if any other Revised	443
Code section requires fingerprint-based checks of that nature, and	444
shall review or cause to be reviewed any information the	445
superintendent receives from that bureau. If a request under	446
section 3319.39 of the Revised Code asks only for information from	447
the federal bureau of investigation, the superintendent shall not	448
conduct the review prescribed by division (B)(1) of this section.	449

(3) The superintendent or the superintendent's designee may	450
request criminal history records from other states or the federal	451
government pursuant to the national crime prevention and privacy	452
compact set forth in section 109.571 of the Revised Code.	453

(C)(1) The superintendent shall prescribe a form to obtain	454
the information necessary to conduct a criminal records check from	455
any person for whom a criminal records check is requested under	456
section 113.041 of the Revised Code or required by section	457
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,	458
1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26, 2151.86,	459
3301.32, 3301.541, 3319.39, 3701.881, 3712.09, 3721.121,	460
3722.151, 4701.08, 4715.101, 4717.061, 4725.121, 4725.501,	461
4729.071, 4730.101, 4730.14, 4730.28, 4731.081, 4731.15,	462
4731.171, 4731.222, 4731.281, 4731.296, 4731.531, 4732.091,	463
4734.202, 4740.061, 4741.10, 4749.03, 4749.06, 4755.70,	464
4757.101, 4759.061, 4760.032, 4760.06, 4761.051, 4762.031,	465
4762.06, 4763.05, 4779.091, 5104.012, 5104.013, 5111.032,	466
5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or 5153.111 of	467
the Revised Code. The form that the superintendent prescribes	468
pursuant to this division may be in a tangible format, in an	469
electronic format, or in both tangible and electronic formats.	470

(2) The superintendent shall prescribe standard impression	471
sheets to obtain the fingerprint impressions of any person for	472
whom a criminal records check is requested under section 113.041	473
of the Revised Code or required by section 121.08, 173.27,	474
173.394, 1121.23, 1155.03, 1163.05, 1315.141, 1321.53, 1321.531,	475
1322.03, 1322.031, 1733.47, 1761.26, 2151.86, 3301.32, 3301.541,	476
3319.39, 3701.881, 3712.09, 3721.121, 3722.151, 4701.08,	477
4715.101, 4717.061, 4725.121, 4725.501, 4729.071, 4730.101,	478
4730.14, 4730.28, 4731.081, 4731.15, 4731.171, 4731.222,	479
4731.281, 4731.296, 4731.531, 4732.091, 4734.202, 4740.061,	480
4741.10, 4749.03, 4749.06, 4755.70, 4757.101, 4759.061,	481
4760.032, 4760.06, 4761.051, 4762.031, 4762.06, 4763.05,	482
4779.091, 5104.012, 5104.013, 5111.032, 5111.033, 5111.034,	483
5123.081, 5126.28, 5126.281, or 5153.111 of the Revised Code.	484
Any person for whom a records check is requested under or	485
required by any of those sections shall obtain the fingerprint	486
impressions at a county sheriff's office, municipal police	487
department, or any other entity with the ability to make	488
fingerprint impressions on the standard impression sheets	489
prescribed by the superintendent. The office, department, or	490
entity may charge the person a reasonable fee for making the	491
impressions. The standard impression sheets the superintendent	492
prescribes pursuant to this division may be in a tangible	493
format, in an electronic format, or in both tangible and	494
electronic formats.	495

(3) Subject to division (D) of this section, the	496
superintendent shall prescribe and charge a reasonable fee for	497
providing a criminal records check requested under section	498
113.041, 121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05,	499
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,	500
2151.86, 3301.32, 3301.541, 3319.39, 3701.881, 3712.09,	501
3721.121, 3722.151, 4701.08, 4715.101, 4717.061, 4725.121,	502
4725.501, 4729.071, 4730.101, 4730.14, 4730.28, 4731.081,	503
4731.15, 4731.171, 4731.222, 4731.281, 4731.296, 4731.531,	504
4732.091, 4734.202, 4740.061, 4741.10, 4749.03, 4749.06,	505
4755.70, 4757.101, 4759.061, 4760.032, 4760.06, 4761.051,	506
4762.031, 4762.06, 4763.05, 4779.091, 5104.012, 5104.013,	507
5111.032, 5111.033, 5111.034, 5123.081, 5126.28, 5126.281, or	508
5153.111 of the Revised Code. The person making a criminal	509
records request under any of those sections shall pay the fee	510
prescribed pursuant to this division. A person making a	511
request under section 3701.881 of the Revised Code for a	512
criminal records check for an applicant who may be both	513
responsible for the care, custody, or control of a child and	514
involved in providing direct care to an older adult shall pay	515
one fee for the request. In the case of a request under	516
section 1121.23, 1155.03, 1163.05, 1315.141, 1733.47, 1761.26,	517
or 5111.032 of the Revised Code, the fee shall be paid in the	518
manner specified in that section.	519

(4) The superintendent of the bureau of criminal	520
identification and investigation may prescribe methods of	521
forwarding fingerprint impressions and information necessary to	522
conduct a criminal records check, which methods shall include, but	523
not be limited to, an electronic method.	524

(D) A determination whether any information exists that	525
indicates that a person previously has been convicted of or	526
pleaded guilty to any offense listed or described in division	527
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or	528
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or	529
(b), (A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14) of	530
this section, or that indicates that a person previously has	531
been convicted of or pleaded guilty to any criminal offense in	532
this state or any other state regarding a criminal records check	533
of a type described in division (A)(13) of this section, and	534
that is made by the superintendent with respect to information	535
considered in a criminal records check in accordance with this	536
section is valid for the person who is the subject of the	537
criminal records check for a period of one year from the date	538
upon which the superintendent makes the determination. During the	539
period in which the determination in regard to a person is valid,	540
if another request under this section is made for a criminal	541
records check for that person, the superintendent shall provide	542
the information that is the basis for the superintendent's	543
initial determination at a lower fee than the fee prescribed for	544
the initial criminal records check.	545

(E) As used in this section:

546

(1) "Criminal records check" means any criminal records check	547
conducted by the superintendent of the bureau of criminal	548
identification and investigation in accordance with division (B)	549
of this section.	550

(2) "Minor drug possession offense" has the same meaning as	551
in section 2925.01 of the Revised Code.	552

(3) "Older adult" means a person age sixty or older.

553

(4) "OVI or OVUAC violation" means a violation of section	554
4511.19 of the Revised Code or a violation of an existing or	555
former law of this state, any other state, or the United States	556
that is substantially equivalent to section 4511.19 of the Revised	557
Code.	558

Sec. 135.68. As used in sections 135.68 to 135.70 of the	559
Revised Code:	560

(A) "Eligible individual" means a person in this state.

561

(B) "Eligible lending institution" means a financial	562
institution that is eligible to make loans, is a public depository	563
of state funds under section 135.03 of the Revised Code, and	564
agrees to participate in the short-term installment loan linked	565
deposit program.	566

(C) "Short-term installment loan" means an extension of	567
credit that does not exceed eight hundred dollars, the duration	568
of which is not less than ninety days and six installments, and	569
the interest on the loan is calculated in compliance with 15	570
U.S.C. 1606 and does not exceed an annual percentage rate of	571
twenty-eight per cent. For the purpose of this section, interest	572
and annual percentage rate have the same meaning as in section	573
1321.35 of the Revised Code.	574

(D) "Short-term installment loan linked deposit" means a	575
certificate of deposit placed by the treasurer of state with an	576
eligible lending institution at up to three per cent below	577
current market rates, as determined and calculated by the	578
treasurer of state, provided the institution agrees to lend the	579
value of such deposit, according to the deposit agreement	580
provided for in section 135.69 of the Revised Code, to eligible	581
individuals in the form of short-term installment loans.	582

(E) For the purpose of this section:

583

(1) "Interest" means all charges payable directly or	584
indirectly by a borrower to a lender as a condition to a loan,	585
including fees, loan origination charges, service charges, renewal	586
charges, credit insurance premiums, and any ancillary product sold	587
in connection with a loan made pursuant to sections 135.68 to	588
135.70 of the Revised Code.	589

(2) "Annual percentage rate" has the same meaning as in the	590
"Truth in Lending Act," 82 Stat. 149 (1980), 15 U.S.C. 1606, as	591
implemented by regulations of the board of governors of the	592
federal reserve system. All fees and charges shall be included in	593
the computation of the annual percentage rate. Fees and charges	594
for single premium credit insurance and other ancillary products	595
sold in connection with the credit transaction shall be included	596
in the calculation of the annual percentage rate.	597

Sec. 1181.21.  (A) As used in this section, "consumer finance	598
company" has the same meaning as in section 1181.05 of the Revised	599
Code.	600

(B) The superintendent of financial institutions shall see	601
that the laws relating to consumer finance companies are executed	602
and enforced.	603

(C) The deputy superintendent for consumer finance shall be	604
the principal supervisor of consumer finance companies. In that	605
position the deputy superintendent for consumer finance shall,	606
notwithstanding section 1321.421, division (A) of section	607
1321.76, and sections 1321.07, 1321.55, 1322.06, 4727.05, and	608
4728.05 of the Revised Code, be responsible for conducting	609
examinations and preparing examination reports under those	610
sections. In addition, the deputy superintendent for consumer	611
finance shall, notwithstanding sections 1315.27, 1321.10,	612
1321.43, 1321.54, 1321.77, 1322.12, 4712.14, 4727.13, and 4728.10	613
of the Revised Code, have the authority to adopt rules and	614
standards in accordance with those sections. In performing or	615
exercising any of the examination, rule-making, or other	616
regulatory functions, powers, or duties vested by this division in	617
the deputy superintendent for consumer finance, the deputy	618
superintendent for consumer finance shall be subject to the	619
control of the superintendent of financial institutions and the	620
director of commerce.	621

Sec. 1181.25. The superintendent of financial institutions	622
may introduce into evidence or disclose, or authorize to be	623
introduced into evidence or disclosed, information that, under	624
sections 1121.18, 1155.16, 1163.20, 1315.122, 1321.09, 1321.48,	625
1321.55, 1321.76, 1322.06, 1322.061, 1733.32, 1733.327, and	626
4727.18 of the Revised Code, is privileged, confidential, or	627
otherwise not public information or a public record, provided that	628
the superintendent acts only as provided in those sections or in	629
the following circumstances:	630

(A) When in the opinion of the superintendent, it is	631
appropriate with regard to any enforcement actions taken and	632
decisions made by the superintendent under Chapters 1315., 1321.,	633
1322., 1733., 4712., 4727., and 4728. of the Revised Code or Title	634
XI of the Revised Code;	635

(B) When litigation has been initiated by the superintendent	636
in furtherance of the powers, duties, and obligations imposed upon	637
the superintendent by Chapters 1315., 1321., 1322., 1733., 4712.,	638
4727., and 4728. of the Revised Code or Title XI of the Revised	639
Code;	640

(C) When in the opinion of the superintendent, it is	641
appropriate with regard to enforcement actions taken or decisions	642
made by other financial institution regulatory authorities to whom	643
the superintendent has provided the information pursuant to	644
authority in Chapters 1315., 1321., 1322., 1733., 4712., 4727.,	645
and 4728. of the Revised Code or Title XI of the Revised Code.	646

Sec. 1321.02.  No person shall engage in the business of	647
lending money, credit, or choses in action in amounts of five	648
thousand dollars or less, or exact, contract for, or receive,	649
directly or indirectly, on or in connection with any such loan,	650
any interest and charges that in the aggregate are greater than	651
the interest and charges that the lender would be permitted to	652
charge for a loan of money if the lender were not a licensee,	653
without first having obtained a license from the division of	654
financial institutions under sections 1321.01 to 1321.19 of the	655
Revised Code.	656

Sections 1321.01 to 1321.19 of the Revised Code do not apply	657
to any person doing business under and as permitted by any law of	658
this state, another state, or the United States relating to banks,	659
savings banks, savings societies, trust companies, credit unions,	660
savings and loan associations substantially all the business of	661
which is confined to loans on real estate mortgages and evidences	662
of their own indebtedness; to registrants conducting business	663
pursuant to sections 1321.51 to 1321.60 of the Revised Code; to	664
licensees conducting business pursuant to sections 1321.71 to	665
1321.83 of the Revised Code; to licensees doing business pursuant	666
to sections 1321.35 to 1321.48 of the Revised Code; or to any	667
entity who is licensed pursuant to Title XXXIX of the Revised	668
Code, who makes advances or loans to any person who is licensed	669
to sell insurance pursuant to that Title, and who is authorized	670
in writing by that entity to sell insurance. No person engaged in	671
the business of selling tangible goods or services related thereto	672
may receive or retain a license under sections 1321.01 to 1321.19	673
of the Revised Code for such place of business.	674

The first paragraph of this section applies to any person,	675
who by any device, subterfuge, or pretense, charges, contracts	676
for, or receives greater interest, consideration, or charges than	677
that authorized by this section for any such loan or use of money	678
or for any such loan, use, or sale of credit, or who for a fee or	679
any manner of compensation arranges or offers to find or arrange	680
for another person to make any such loan, use, or sale of credit.	681
This section does not preclude the acquiring, directly or	682
indirectly, by purchase or discount, of a bona fide obligation for	683
goods or services when such obligation is payable directly to the	684
person who provided the goods or services.	685

Any contract of loan in the making or collection of which an	686
act is done by the lender that violates this section is void and	687
the lender has no right to collect, receive, or retain any	688
principal, interest, or charges.	689

Sec. 1321.12.  No licensee shall conduct the business of	690
making loans under sections 1321.01 to 1321.19 of the Revised	691
Code, within any office, room, or place of business in which any	692
other business is solicited or engaged in, or in association or	693
conjunction therewith, if the division of financial institutions	694
finds, after hearing, that the other business is of such nature	695
that such conduct tends to conceal evasion of those sections or of	696
the rules made under those sections and orders the licensee in	697
writing to desist from the conduct.	698

No licensee shall conduct the business of making loans under	699
sections 1321.01 to 1321.19 of the Revised Code, under any other	700
name, or at any other place of business within this state than	701
that named in the license.	702

No licensee shall take a lien upon real estate as security	703
for any loan made under those sections except such lien as is	704
created upon the filing or recording of a certificate of judgment.	705

No licensee shall make a loan for which the loan contract	706
requires the borrower to repay the loan in less than three months.	707

Sec. 1321.53.  (A)(1) An application for a certificate of	708
registration under sections 1321.51 to 1321.60 of the Revised Code	709
shall contain an undertaking by the applicant to abide by those	710
sections. The application shall be in writing, under oath, and in	711
the form prescribed by the division of financial institutions, and	712
shall contain any information that the division may require.	713
Applicants that are foreign corporations shall obtain and	714
maintain a license pursuant to Chapter 1703. of the Revised Code	715
before a certificate is issued or renewed.	716

(2) Upon the filing of the application and the payment by the	717
applicant of a nonrefundable two hundred dollar investigation	718
fee, a nonrefundable three hundred dollar annual registration fee,	719
and any additional fee required by the nationwide mortgage	720
licensing system and registry, the division shall investigate the	721
relevant facts. If the application involves investigation outside	722
this state, the applicant may be required by the division to	723
advance sufficient funds to pay any of the actual expenses of such	724
investigation, when it appears that these expenses will exceed two	725
hundred dollars. An itemized statement of any of these expenses	726
which the applicant is required to pay shall be furnished to the	727
applicant by the division. No certificate shall be issued unless	728
all the required fees have been submitted to the division.	729

(3) All applicants making loans secured by an interest in	730
real estate shall designate an employee or owner of the applicant	731
as the applicant's primary point of contact. While acting as the	732
primary point of contact, the employee or owner shall not be	733
employed by any other registrant or mortgage broker.	734

(4) The investigation undertaken upon application shall	735
include both a civil and criminal records check of the applicant	736
including any individual whose identity is required to be	737
disclosed in the application. Where the applicant is a business	738
entity the superintendent shall have the authority to require a	739
civil and criminal background check of those persons that in the	740
determination of the superintendent have the authority to direct	741
and control the operations of the applicant.	742

(5)(a) Notwithstanding division (K) of section 121.08 of the	743
Revised Code, the superintendent of financial institutions shall	744
obtain a criminal history records check and, as part of that	745
records check, request that criminal record information from the	746
federal bureau of investigation be obtained. To fulfill this	747
requirement, the superintendent shall do either of the following:	748

(i) Request the superintendent of the bureau of criminal	749
identification and investigation, or a vendor approved by the	750
bureau, to conduct a criminal records check based on the	751
applicant's fingerprints or, if the fingerprints are unreadable,	752
based on the applicant's social security number, in accordance	753
with division (A)(12) of section 109.572 of the Revised Code;	754

(ii) Authorize the nationwide mortgage licensing system and	755
registry to request a criminal history background check as set	756
forth in division (C) of section 1321.531 of the Revised Code.	757

(b) Any fee required under division (C)(3) of section 109.572	758
of the Revised Code or by the nationwide mortgage licensing system	759
and registry shall be paid by the applicant.	760

(6) If an application for a certificate of registration does	761
not contain all of the information required under division (A) of	762
this section, and if such information is not submitted to the	763
division within ninety days after the superintendent requests the	764
information in writing, the superintendent may consider the	765
application withdrawn.	766

(7) If the division finds that the financial responsibility,	767
experience, character, and general fitness of the applicant	768
command the confidence of the public and warrant the belief that	769
the business will be operated honestly and fairly in compliance	770
with the purposes of sections 1321.51 to 1321.60 of the Revised	771
Code and the rules adopted thereunder, and that the applicant has	772
the requisite bond or applicable net worth and assets required by	773
division (B) of this section, the division shall thereupon issue	774
a certificate of registration to the applicant. The	775
superintendent shall not use a credit score as the sole basis for	776
a registration denial.	777

(a)(i) Certificates of registration issued on or after July	778
1, 2010, shall annually expire on the thirty-first day of	779
December, unless renewed by the filing of a renewal application	780
and payment of a three hundred dollar nonrefundable annual	781
registration fee, any assessment as determined by the	782
superintendent pursuant to division (A)(7)(a)(ii) of this	783
section, and any additional fee required by the nationwide	784
mortgage licensing system and registry, on or before the last	785
day of December of each year. No other fee or assessment shall	786
be required of a registrant by the state or any political	787
subdivision of this state.	788

(ii) If the renewal fees billed by the superintendent	789
pursuant to division (A)(7)(a)(i) of this section are less than	790
the estimated expenditures of the consumer finance section of the	791
division of financial institutions, as determined by the	792
superintendent, for the following fiscal year, the superintendent	793
may assess each registrant at a rate sufficient to equal in the	794
aggregate the difference between the renewal fees billed and the	795
estimated expenditures. Each registrant shall pay the assessed	796
amount to the superintendent prior to the last day of June. In no	797
case shall the assessment exceed ten cents per each one hundred	798
dollars of interest (excluding charge-off recoveries), points,	799
loan origination charges, and credit line charges collected by	800
that registrant during the previous calendar year. If such an	801
assessment is imposed, it shall not be less than two hundred fifty	802
dollars per registrant and shall not exceed thirty thousand	803
dollars less the total renewal fees paid pursuant to division	804
(A)(7)(a)(i) of this section by each registrant.	805

(b) Registrants shall timely file renewal applications on	806
forms prescribed by the division and provide any further	807
information that the division may require. If a renewal	808
application does not contain all of the information required under	809
this section, and if that information is not submitted to the	810
division within ninety days after the superintendent requests the	811
information in writing, the superintendent may consider the	812
application withdrawn.	813

(c) Renewal shall not be granted if the applicant's	814
certificate of registration is subject to an order of suspension,	815
revocation, or an unpaid and past due fine imposed by the	816
superintendent.	817

(d) If the division finds the applicant does not meet the	818
conditions set forth in this section, it shall issue a notice of	819
intent to deny the application, and forthwith notify the	820
applicant of the denial, the grounds for the denial, and the	821
applicant's reasonable opportunity to be heard on the action in	822
accordance with Chapter 119. of the Revised Code.	823

(8) If there is a change of five per cent or more in the	824
ownership of a registrant, the division may make any	825
investigation necessary to determine whether any fact or condition	826
exists that, if it had existed at the time of the original	827
application for a certificate of registration, the fact or	828
condition would have warranted the division to deny the	829
application under division (A)(7) of this section. If such a fact	830
or condition is found, the division may, in accordance with	831
Chapter 119. of the Revised Code, revoke the registrant's	832
certificate.	833

(B) Each registrant that engages in lending under sections	834
1321.51 to 1321.60 of the Revised Code shall, if not bonded	835
pursuant to section 1321.533 of the Revised Code, maintain both of	836
the following:	837

(1) A net worth of at least fifty thousand dollars;

838

(2) For each certificate of registration, assets of at least	839
fifty thousand dollars either in use or readily available for use	840
in the conduct of the business.	841

(C) Not more than one place of business shall be maintained	842
under the same certificate, but the division may issue additional	843
certificates to the same registrant upon compliance with sections	844
1321.51 to 1321.60 of the Revised Code, governing the issuance of	845
a single certificate. No change in the place of business of a	846
registrant to a location outside the original municipal	847
corporation shall be permitted under the same certificate without	848
the approval of a new application, the payment of the registration	849
fee and, if required by the superintendent, the payment of an	850
investigation fee of two hundred dollars. When a registrant	851
wishes to change its place of business within the same municipal	852
corporation, it shall give written notice of the change in	853
advance to the division, which shall provide a certificate for	854
the new address without cost. If a registrant changes its name,	855
prior to making loans under the new name it shall give written	856
notice of the change to the division, which shall provide a	857
certificate in the new name without cost. Sections 1321.51 to	858
1321.60 of the Revised Code do not limit the loans of any	859
registrant to residents of the community in which the registrant's	860
place of business is situated. Each certificate shall be kept	861
conspicuously posted in the place of business of the registrant	862
and is not transferable or assignable.	863

(D) Sections 1321.51 to 1321.60 of the Revised Code do not	864
apply to any of the following:	865

(1) Entities chartered and lawfully doing business under the	866
authority of any law of this state, another state, or the United	867
States as a bank, savings bank, trust company, savings and loan	868
association, or credit union, or a subsidiary of any such entity,	869
which subsidiary is regulated by a federal banking agency and is	870
owned and controlled by such a depository institution;	871

(2) Life, property, or casualty insurance companies licensed	872
to do business in this state;	873

(3) Any person that is a lender making a loan pursuant to	874
sections 1321.01 to 1321.19 of the Revised Code or a business loan	875
as described in division (B)(6)(5) of section 1343.01 of the	876
Revised Code;	877

(4) Any political subdivision, or any governmental or other	878
public entity, corporation, instrumentality, or agency, in or of	879
the United States or any state of the United States, or any	880
entity described in division (B)(3) of section 1343.01 of the	881
Revised Code;	882

(5) A college or university, or controlled entity of a	883
college or university, as those terms are defined in section	884
1713.05 of the Revised Code;	885

(6) A credit union service organization, provided the	886
organization utilizes services provided by registered mortgage	887
loan originators or the organization complies with section	888
1321.522 of the Revised Code and holds a valid letter of exemption	889
issued by the superintendent.	890

(E) No person engaged in the business of selling tangible	891
goods or services related to tangible goods may receive or retain	892
a certificate under sections 1321.51 to 1321.60 of the Revised	893
Code for such place of business.	894

Sec. 1321.59.  (A) No registrant under sections 1321.51 to	895
1321.60 of the Revised Code shall permit any borrower to be	896
indebted for a loan made under sections 1321.51 to 1321.60 of the	897
Revised Code at any time while the borrower is also indebted to an	898
affiliate or agent of the registrant for a loan made under	899
sections 1321.01 to 1321.19 of the Revised Code for the purpose or	900
with the result of obtaining greater charges than otherwise would	901
be permitted by sections 1321.51 to 1321.60 of the Revised Code.	902

(B) No registrant shall induce or permit any person to become	903
obligated to the registrant under sections 1321.51 to 1321.60 of	904
the Revised Code, directly or contingently, or both, under more	905
than one contract of loan at the same time for the purpose or with	906
the result of obtaining greater charges than would otherwise be	907
permitted by sections 1321.51 to 1321.60 of the Revised Code.	908

(C) No registrant shall refuse to provide information	909
regarding the amount required to pay in full a loan under sections	910
1321.51 to 1321.60 of the Revised Code when requested by the	911
borrower or by another person designated in writing by the	912
borrower.	913

(D) On any loan or application for a loan under sections	914
1321.51 to 1321.60 of the Revised Code secured by a mortgage on a	915
borrower's real estate which is other than a first lien on the	916
real estate, no person shall pay or receive, directly or	917
indirectly, fees or any other type of compensation for services of	918
a mortgage broker that, in the aggregate, exceed the lesser of one	919
thousand dollars or one per cent of the principal amount of the	920
loan.	921

(E) No registrant or licensee shall obtain a certificate of	922
registration or license through any false or fraudulent	923
representation of a material fact or any omission of a material	924
fact required by state or federal law, or make any substantial	925
misrepresentation in the registration or license application, to	926
engage in lending secured by real estate.	927

(F) No registrant or licensee, in connection with the	928
business of making or offering to make residential mortgage loans,	929
shall knowingly make false or misleading statements of a material	930
fact, omissions of statements required by state or federal law,	931
or false promises regarding a material fact, through advertising	932
or other means, or engage in a continued course of	933
misrepresentations.	934

(G) No registrant, licensee, or person making loans without a	935
certificate of registration in violation of division (A) of	936
section 1321.52 of the Revised Code, shall knowingly engage in	937
conduct, in connection with the business of making or offering to	938
make residential mortgage loans, that constitutes improper,	939
fraudulent, or dishonest dealings.	940

(H) No registrant, licensee, or applicant involved in the	941
business of making or offering to make residential mortgage loans	942
shall fail to notify the division of financial institutions	943
within thirty days after knowing any of the following:	944

(1) That the registrant, licensee, or applicant has been	945
convicted of or pleaded guilty to a felony offense in a domestic,	946
foreign, or military court;	947

(2) That the registrant, licensee, or applicant has been	948
convicted of or pleaded guilty to any criminal offense involving	949
theft, receiving stolen property, embezzlement, forgery, fraud,	950
passing bad checks, money laundering, breach of trust,	951
dishonesty, or drug trafficking, or any criminal offense	952
involving money or securities, in a domestic, foreign, or military	953
court;	954

(3) That the registrant, licensee, or applicant has had a	955
mortgage lender registration or mortgage loan originator license,	956
or comparable authority, revoked in any governmental	957
jurisdiction.	958

(I) No registrant or licensee shall knowingly make, propose,	959
or solicit fraudulent, false, or misleading statements on any	960
mortgage document or on any document related to a mortgage loan,	961
including a mortgage application, real estate appraisal, or real	962
estate settlement or closing document. For purposes of this	963
division, "fraudulent, false, or misleading statements" does not	964
include mathematical errors, inadvertent transposition of numbers,	965
typographical errors, or any other bona fide error.	966

(J) No registrant or licensee shall knowingly instruct,	967
solicit, propose, or otherwise cause a borrower to sign in blank a	968
loan related document in connection with a residential mortgage	969
loan.	970

(K) No registrant or licensee shall knowingly compensate,	971
instruct, induce, coerce, or intimidate, or attempt to compensate,	972
instruct, induce, coerce, or intimidate, a person licensed or	973
certified as an appraiser under Chapter 4763. of the Revised Code	974
for the purpose of corrupting or improperly influencing the	975
independent judgment of the person with respect to the value of	976
the dwelling offered as security for repayment of a mortgage loan.	977

(L) No registrant or licensee shall willfully retain original	978
documents provided to the registrant or licensee by the borrower	979
in connection with the residential mortgage loan application,	980
including income tax returns, account statements, or other	981
financial related documents.	982

(M) No registrant or licensee shall, in connection with	983
making residential mortgage loans, receive, directly or	984
indirectly, a premium on the fees charged for services performed	985
by a bona fide third party.	986

(N) No registrant or licensee shall, in connection with	987
making residential mortgage loans, pay or receive, directly or	988
indirectly, a referral fee or kickback of any kind to or from a	989
bona fide third party or other party with a related interest in	990
the transaction, including a home improvement builder, real estate	991
developer, or real estate broker or agent, for the referral of	992
business. Nothing in this division shall prevent remuneration to a	993
registrant or licensee for the licensed sale of any insurance	994
product that is permitted under section 1321.57 of the Revised	995
Code, provided there is no additional fee or premium added to the	996
cost for the insurance and paid directly or indirectly by the	997
borrower.	998

(O) No registrant, licensee, or person making loans without a	999
certificate of registration in violation of division (A) of	1000
section 1321.52 of the Revised Code shall, in connection with	1001
making or offering to make residential mortgage loans, engage in	1002
any unfair, deceptive, or unconscionable act or practice	1003
prohibited under sections 1345.01 to 1345.13 of the Revised Code.	1004

(P) No registrant shall make a loan for which the loan	1005
contract requires the borrower to repay the loan in less than	1006
three months.	1007

Sec. 1321.99.  (A) Whoever violates section 1321.02 of the	1008
Revised Code is guilty of a felony of the fifth degree.	1009

(B) Whoever violates section 1321.13 of the Revised Code	1010
shall be fined not less than one hundred nor more than five	1011
hundred dollars or imprisoned not more than six months, or both.	1012

(C) Whoever violates section 1321.14 of the Revised Code	1013
shall be fined not less than fifty nor more than two hundred	1014
dollars for a first offense; for a second offense such person	1015
shall be fined not less than two hundred nor more than five	1016
hundred dollars and imprisoned for not more than six months.	1017

(D) Whoever willfully violates section 1321.57, 1321.58,	1018
division (A), (B), (C), or (D) of section 1321.59, 1321.591, or	1019
1321.60 of the Revised Code is guilty of a minor misdemeanor and	1020
shall be fined not less than one nor more than five hundred	1021
dollars.	1022

(E) Whoever violates section 1321.52 or division (I), (J),	1023
(K), (L), or (M) of section 1321.59 of the Revised Code is guilty	1024
of a felony of the fifth degree.	1025

(F) Whoever violates division (A) of section 1321.73 of the	1026
Revised Code shall be fined not more than five hundred dollars or	1027
imprisoned not more than six months, or both.	1028

(G) Whoever violates section 1321.41 of the Revised Code is	1029
guilty of a misdemeanor of the first degree.	1030

(H) Whoever violates division (N) of section 1321.59 of the	1031
Revised Code is guilty of a felony of the fourth degree.	1032

(I)(H) The imposition of fines pursuant to this section does	1033
not preclude the imposition of any administrative fines or civil	1034
penalties authorized under section 1321.54 or any other section of	1035
the Revised Code.	1036

Sec. 1343.01.  (A) The parties to a bond, bill, promissory	1037
note, or other instrument of writing for the forbearance or	1038
payment of money at any future time, may stipulate therein for the	1039
payment of interest upon the amount thereof at any rate not	1040
exceeding eight per cent per annum payable annually, except as	1041
authorized in division (B) of this section.	1042

(B) Any party may agree to pay a rate of interest in excess	1043
of the maximum rate provided in division (A) of this section when:	1044

(1) The original amount of the principal indebtedness	1045
stipulated in the bond, bill, promissory note, or other instrument	1046
of writing exceeds one hundred thousand dollars;	1047

(2) The payment is to a broker or dealer registered under the	1048
"Securities Exchange Act of 1934," 48 Stat. 881, 15 U.S.C. 78A, as	1049
amended, for carrying a debit balance in an account for a customer	1050
if such debit balance is payable on demand and secured by stocks,	1051
bonds or other securities;	1052

(3) The instrument evidences a loan secured by a mortgage or	1053
deed of trust on real estate where the loan has been approved,	1054
insured, guaranteed, purchased, or for which an offer or	1055
commitment to insure, guarantee, or purchase has been received, in	1056
whole or in part, by the federal government or any agency or	1057
instrumentality thereof, the federal national mortgage	1058
association, the federal home loan mortgage corporation, or the	1059
farmers home administration, all of which is authorized pursuant	1060
to the "National Housing Act," 12. U.S.C. 1701; the "Serviceman's	1061
Readjustment Act," 38 U.S.C. 1801; the "Federal Home Loan Bank	1062
Act," 12 U.S.C. 1421; and the "Rural Housing Act," 42 U.S.C. 1471,	1063
amendments thereto, reenactments thereof, enactments parallel	1064
thereto, or in substitution therefor, or regulations issued	1065
thereunder; or by the state or any agency or instrumentality	1066
thereof authorized pursuant to Chapter 122. of the Revised Code,	1067
or rules issued thereunder.	1068

(4) The instrument evidences a loan secured by a mortgage,	1069
deed of trust, or land installment contract on real estate which	1070
does not otherwise qualify for exemption from the provisions of	1071
this section, except that such rate of interest shall not exceed	1072
eight per cent in excess of the discount rate on ninety-day	1073
commercial paper in effect at the federal reserve bank in the	1074
fourth federal reserve district at the time the mortgage, deed of	1075
trust, or land installment contract is executed.	1076

(5) The instrument is payable on demand or in one installment	1077
and is not secured by household furnishings or other goods used	1078
for personal, family, or household purposes.	1079

(6)(a) The loan is a business loan to a business association	1080
or partnership, a person owning and operating a business as a sole	1081
proprietor; any persons owning and operating a business as joint	1082
venturers, joint tenants, or tenants in common; any limited	1083
partnership; or any trustee owning or operating a business or	1084
whose beneficiaries own or operate a business, except that:	1085

(i) Any loan which is secured by an assignment of an	1086
individual obligor's salary, wages, commissions, or other	1087
compensation for services or by histhe individual obligor's	1088
household furniture or other goods used for histhe individual	1089
obligor's personal, family, or household purposes shall be deemed	1090
not a loan within the meaning of division (B)(6)(5) of this	1091
section;	1092

(ii) Any loan which otherwise qualifies as a business loan	1093
within the meaning of division (B)(6)(5) of this section shall not	1094
be deemed disqualified because of the inclusion, with other	1095
security consisting of business assets of any such obligor, of	1096
real estate occupied by an individual obligor solely as histhe	1097
individual obligor's residence.	1098

(b) As used in division (B)(6)(5)(a) of this section,	1099
"business" means a commercial, agricultural, or industrial	1100
enterprise which is carried on for the purpose of investment or	1101
profit. "Business" does not mean the ownership or maintenance of	1102
real estate occupied by an individual obligor solely as histhe	1103
individual obligor's residence.	1104

Sec. 1345.01.  As used in sections 1345.01 to 1345.13 of the	1105
Revised Code:	1106

(A) "Consumer transaction" means a sale, lease, assignment,	1107
award by chance, or other transfer of an item of goods, a service,	1108
a franchise, or an intangible, to an individual for purposes that	1109
are primarily personal, family, or household, or solicitation to	1110
supply any of these things. "Consumer transaction" does not	1111
include transactions between persons, defined in sections 4905.03	1112
and 5725.01 of the Revised Code, and their customers, except for	1113
transactions involving a loan made pursuant to sections 1321.35 to	1114
1321.48 of the Revised Code and transactions in connection with	1115
residential mortgages between loan originators, mortgage brokers,	1116
or nonbank mortgage lenders and their customers; transactions	1117
between certified public accountants or public accountants and	1118
their clients; transactions between attorneys, physicians, or	1119
dentists and their clients or patients; and transactions between	1120
veterinarians and their patients that pertain to medical	1121
treatment but not ancillary services.	1122

(B) "Person" includes an individual, corporation, government,	1123
governmental subdivision or agency, business trust, estate, trust,	1124
partnership, association, cooperative, or other legal entity.	1125

(C) "Supplier" means a seller, lessor, assignor, franchisor,	1126
or other person engaged in the business of effecting or soliciting	1127
consumer transactions, whether or not the person deals directly	1128
with the consumer. If the consumer transaction is in connection	1129
with a residential mortgage, "supplier" does not include an	1130
assignee or purchaser of the loan for value, except as otherwise	1131
provided in section 1345.091 of the Revised Code. For purposes of	1132
this division, in a consumer transaction in connection with a	1133
residential mortgage, "seller" means a loan originator, mortgage	1134
broker, or nonbank mortgage lender.	1135

(D) "Consumer" means a person who engages in a consumer	1136
transaction with a supplier.	1137

(E) "Knowledge" means actual awareness, but such actual	1138
awareness may be inferred where objective manifestations indicate	1139
that the individual involved acted with such awareness.	1140

(F) "Natural gas service" means the sale of natural gas,	1141
exclusive of any distribution or ancillary service.	1142

(G) "Public telecommunications service" means the	1143
transmission by electromagnetic or other means, other than by a	1144
telephone company as defined in section 4927.01 of the Revised	1145
Code, of signs, signals, writings, images, sounds, messages, or	1146
data originating in this state regardless of actual call routing.	1147
"Public telecommunications service" excludes a system, including	1148
its construction, maintenance, or operation, for the provision of	1149
telecommunications service, or any portion of such service, by any	1150
entity for the sole and exclusive use of that entity, its parent,	1151
a subsidiary, or an affiliated entity, and not for resale,	1152
directly or indirectly; the provision of terminal equipment used	1153
to originate telecommunications service; broadcast transmission by	1154
radio, television, or satellite broadcast stations regulated by	1155
the federal government; or cable television service.	1156

(H) "Loan originator" has the same meaning as in section	1157
1322.01 of the Revised Code, and includes a "mortgage loan	1158
originator" as defined in section 1321.51 of the Revised Code,	1159
except that it does not include an employee of a bank, savings	1160
bank, savings and loan association, credit union, or credit	1161
union service organization organized under the laws of this	1162
state, another state, or the United States; an employee of a	1163
subsidiary of such a bank, savings bank, savings and loan	1164
association, or credit union; or an employee of an affiliate that	1165
(1) controls, is controlled by, or is under common control with,	1166
such a bank, savings bank, savings and loan association, or	1167
credit union and (2) is subject to examination, supervision, and	1168
regulation, including with respect to the affiliate's compliance	1169
with applicable consumer protection requirements, by the board of	1170
governors of the federal reserve system, the comptroller of the	1171
currency, the office of thrift supervision, the federal deposit	1172
insurance corporation, or the national credit union	1173
administration.	1174

(I) "Residential mortgage" or "mortgage" means an obligation	1175
to pay a sum of money evidenced by a note and secured by a lien	1176
upon real property located within this state containing two or	1177
fewer residential units or on which two or fewer residential units	1178
are to be constructed and includes such an obligation on a	1179
residential condominium or cooperative unit.	1180

(J) "Mortgage broker" has the same meaning as in section	1181
1322.01 of the Revised Code, except that it does not include a	1182
bank, savings bank, savings and loan association, credit union, or	1183
credit union service organization organized under the laws of this	1184
state, another state, or the United States; a subsidiary of such a	1185
bank, savings bank, savings and loan association, or credit union;	1186
an affiliate that (1) controls, is controlled by, or is under	1187
common control with, such a bank, savings bank, savings and loan	1188
association, or credit union and (2) is subject to examination,	1189
supervision, and regulation, including with respect to the	1190
affiliate's compliance with applicable consumer protection	1191
requirements, by the board of governors of the federal reserve	1192
system, the comptroller of the currency, the office of thrift	1193
supervision, the federal deposit insurance corporation, or the	1194
national credit union administration; or an employee of any such	1195
entity.	1196

(K) "Nonbank mortgage lender" means any person that engages	1197
in a consumer transaction in connection with a residential	1198
mortgage, except for a bank, savings bank, savings and loan	1199
association, credit union, or credit union service organization	1200
organized under the laws of this state, another state, or the	1201
United States; a subsidiary of such a bank, savings bank, savings	1202
and loan association, or credit union; or an affiliate that (1)	1203
controls, is controlled by, or is under common control with, such	1204
a bank, savings bank, savings and loan association, or credit	1205
union and (2) is subject to examination, supervision, and	1206
regulation, including with respect to the affiliate's compliance	1207
with applicable consumer protection requirements, by the board of	1208
governors of the federal reserve system, the comptroller of the	1209
currency, the office of thrift supervision, the federal deposit	1210
insurance corporation, or the national credit union	1211
administration.	1212

(L) For purposes of divisions (H), (J), and (K) of this	1213
section:	1214

(1) "Control" of another entity means ownership, control, or	1215
power to vote twenty-five per cent or more of the outstanding	1216
shares of any class of voting securities of the other entity,	1217
directly or indirectly or acting through one or more other	1218
persons.	1219

(2) "Credit union service organization" means a CUSO as	1220
defined in 12 C.F.R. 702.2.	1221

Sec. 2307.61.  (A) If a property owner brings a civil action	1222
pursuant to division (A) of section 2307.60 of the Revised Code to	1223
recover damages from any person who willfully damages the owner's	1224
property or who commits a theft offense, as defined in section	1225
2913.01 of the Revised Code, involving the owner's property, the	1226
property owner may recover as follows:	1227

(1) In the civil action, the property owner may elect to	1228
recover moneys as described in division (A)(1)(a) or (b) of this	1229
section:	1230

(a) Compensatory damages that may include, but are not	1231
limited to, the value of the property and liquidated damages in	1232
whichever of the following amounts applies:	1233

(i) Fifty dollars, if the value of the property was fifty	1234
dollars or less at the time it was willfully damaged or was the	1235
subject of a theft offense;	1236

(ii) One hundred dollars, if the value of the property was	1237
more than fifty dollars, but not more than one hundred dollars, at	1238
the time it was willfully damaged or was the subject of a theft	1239
offense;	1240

(iii) One hundred fifty dollars, if the value of the property	1241
was more than one hundred dollars at the time it was willfully	1242
damaged or was the subject of a theft offense.	1243

(b) Liquidated damages in whichever of the following amounts	1244
is greater:	1245

(i) Two hundred dollars;

1246

(ii) Three times the value of the property at the time it was	1247
willfully damaged or was the subject of a theft offense,	1248
irrespective of whether the property is recovered by way of	1249
replevin or otherwise, is destroyed or otherwise damaged, is	1250
modified or otherwise altered, or is resalable at its full market	1251
price. This division does not apply to a check, negotiable order	1252
of withdrawal, share draft, or other negotiable instrument that	1253
was returned or dishonored for insufficient funds by a financial	1254
institution if the check, negotiable order of withdrawal, share	1255
draft, or other negotiable instrument was presented by an	1256
individual borrower to a licensee under sections 1321.35 to	1257
1321.48 of the Revised Code for a loan transaction.	1258

(2) In a civil action in which the value of the property that	1259
was willfully damaged or was the subject of a theft offense is	1260
less than five thousand dollars, the property owner may recover	1261
damages as described in division (A)(1)(a) or (b) of this section	1262
and additionally may recover the reasonable administrative costs,	1263
if any, of the property owner that were incurred in connection	1264
with actions taken pursuant to division (A)(2) of this section,	1265
the cost of maintaining the civil action, and reasonable	1266
attorney's fees, if all of the following apply:	1267

(a) The property owner, at least thirty days prior to the	1268
filing of the civil action, serves a written demand for payment of	1269
moneys as described in division (A)(1)(a) of this section and the	1270
reasonable administrative costs, if any, of the property owner	1271
that have been incurred in connection with actions taken pursuant	1272
to division (A)(2) of this section, upon the person who willfully	1273
damaged the property or committed the theft offense.	1274

(b) The demand conforms to the requirements of division (C)	1275
of this section and is sent by certified mail, return receipt	1276
requested.	1277

(c) Either the person who willfully damaged the property or	1278
committed the theft offense does not make payment to the property	1279
owner of the amount specified in the demand within thirty days	1280
after the date of its service upon that person and does not enter	1281
into an agreement with the property owner during that thirty-day	1282
period for that payment or the person who willfully damaged the	1283
property or committed the theft offense enters into an agreement	1284
with the property owner during that thirty-day period for that	1285
payment but does not make that payment in accordance with the	1286
agreement.	1287

(B) If a property owner who brings a civil action pursuant to	1288
division (A) of section 2307.60 of the Revised Code to recover	1289
damages for willful damage to property or for a theft offense	1290
attempts to collect the reasonable administrative costs, if any,	1291
of the property owner that have been incurred in connection with	1292
actions taken pursuant to division (A)(2) of this section, the	1293
cost of maintaining the civil action, and reasonable attorney's	1294
fees under authority of that division and if the defendant	1295
prevails in the civil action, the defendant may recover from the	1296
property owner reasonable attorney's fees, the cost of defending	1297
the civil action, and any compensatory damages that may be proven.	1298

(C) For purposes of division (A)(2) of this section, a	1299
written demand for payment shall include a conspicuous notice to	1300
the person upon whom the demand is to be served that indicates all	1301
of the following:	1302

(1) The willful property damage or theft offense that the	1303
person allegedly committed;	1304

(2) That, if the person makes payment of the amount specified	1305
in the demand within thirty days after its service upon the person	1306
or enters into an agreement with the property owner during that	1307
thirty-day period for that payment and makes that payment in	1308
accordance with the agreement, the person cannot be sued by the	1309
property owner in a civil action in relation to the willful	1310
property damage or theft offense;	1311

(3) That, if the person fails to make payment of the amount	1312
specified in the demand within thirty days after the date of its	1313
service upon the person and fails to enter into an agreement for	1314
that payment with the property owner during that thirty-day period	1315
or enters into an agreement for that payment with the property	1316
owner during that thirty-day period but does not make that payment	1317
in accordance with the agreement, the person may be sued in a	1318
civil action in relation to the willful property damage or theft	1319
offense;	1320

(4) The potential judgment that the person may be required to	1321
pay if the person is sued in a civil action in relation to the	1322
willful property damage or theft offense and judgment is rendered	1323
against the person in that civil action;	1324

(5) That, if the person is sued in a civil action by the	1325
property owner in relation to the willful property damage or theft	1326
offense, if the civil action requests that the person be required	1327
to pay the reasonable administrative costs, if any, of the	1328
property owner that have been incurred in connection with actions	1329
taken pursuant to division (A)(2) of this section, the cost of	1330
maintaining the action, and reasonable attorney's fees, and if the	1331
person prevails in the civil action, the person may recover from	1332
the property owner reasonable attorney's fees, the cost of	1333
defending the action, and any compensatory damages that can be	1334
proved.	1335

(D) If a property owner whose property was willfully damaged	1336
or was the subject of a theft offense serves a written demand for	1337
payment upon a person who willfully damaged the property or	1338
committed the theft offense and if the person makes payment of the	1339
amount specified in the demand within thirty days after the date	1340
of its service upon the person or the person enters into an	1341
agreement with the property owner during that thirty-day period	1342
for that payment and makes payment in accordance with the	1343
agreement, the property owner shall not file a civil action	1344
against the person in relation to the willful property damage or	1345
theft offense.	1346

(E) If a property owner whose property was willfully damaged	1347
or was the subject of a theft offense serves a written demand for	1348
payment upon a person who willfully damaged the property or	1349
committed the theft offense and if the person, within thirty days	1350
after the date of service of the demand upon the person, enters	1351
into an agreement with the property owner for the payment of the	1352
amount specified in the demand but does not make that payment in	1353
accordance with the agreement, the time between the entering of	1354
the agreement and the failure to make that payment shall not be	1355
computed as any part of the period within which a civil action	1356
based on the willful property damage or theft offense must be	1357
brought under the Revised Code.	1358

(F) A civil action to recover damages for willful property	1359
damage or for a theft offense may be joined with a civil action	1360
that is brought pursuant to Chapter 2737. of the Revised Code to	1361
recover the property. If the two actions are joined, any	1362
compensatory damages recoverable by the property owner shall be	1363
limited to the value of the property.	1364

(G)(1) In a civil action to recover damages for willful	1365
property damage or for a theft offense, the trier of fact may	1366
determine that an owner's property was willfully damaged or that a	1367
theft offense involving the owner's property has been committed,	1368
whether or not any person has pleaded guilty to or has been	1369
convicted of any criminal offense or has been adjudicated a	1370
delinquent child in relation to any act involving the owner's	1371
property.	1372

(2) This section does not affect the prosecution of any	1373
criminal action or proceeding or any action to obtain a delinquent	1374
child adjudication in connection with willful property damage or a	1375
theft offense.	1376

(H) As used in this section:

1377

(1) "Administrative costs" includes the costs of written	1378
demands for payment and associated postage under division (A)(2)	1379
of this section.	1380

(2) "Value of the property" means one of the following:

1381

(a) The retail value of any property that is offered for sale	1382
by a mercantile establishment, irrespective of whether the	1383
property is destroyed or otherwise damaged, is modified or	1384
otherwise altered, or otherwise is not resalable at its full	1385
market price;	1386

(b) The face value of any check or other negotiable	1387
instrument that is not honored due to insufficient funds in the	1388
drawer's account, the absence of any drawer's account, or another	1389
reason, and all charges imposed by a bank, savings and loan	1390
association, credit union, or other financial institution upon the	1391
holder of the check or other negotiable instrument;	1392

(c) The replacement value of any property not described in	1393
division (H)(1) or (2) of this section.	1394

Sec. 4712.01.  As used in sections 4712.01 to 4712.14 of the	1395
Revised Code:	1396

(A) "Buyer" means an individual who is solicited to purchase	1397
or who purchases the services of a credit services organization	1398
for purposes other than obtaining a business loan as described in	1399
division (B)(6)(5) of section 1343.01 of the Revised Code.	1400

(B) "Consumer reporting agency" has the same meaning as in	1401
the "Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A. 1681a,	1402
as amended.	1403

(C)(1) "Credit services organization" means any person that,	1404
in return for the payment of money or other valuable consideration	1405
readily convertible into money for the following services, sells,	1406
provides, or performs, or represents that the person can or will	1407
sell, provide, or perform, one or more of the following services:	1408

(a) Improving a buyer's credit record, history, or rating;

1409

(b) Obtaining an extension of credit by others for a buyer;

1410

(c) Providing advice or assistance to a buyer in connection	1411
with division (C)(1)(a) or (b) of this section;	1412

(d) Removing adverse credit information that is accurate and	1413
not obsolete from the buyer's credit record, history, or rating;	1414

(e) Altering the buyer's identification to prevent the	1415
display of the buyer's credit record, history, or rating.	1416

(2) "Credit services organization" does not include any of	1417
the following:	1418

(a) A person that makes or collects loans, to the extent	1419
these activities are subject to licensure or registration by this	1420
state;	1421

(b) A mortgage broker, as defined in section 1322.01 of the	1422
Revised Code, that holds a valid certificate of registration under	1423
sections 1322.01 to 1322.12 of the Revised Code;	1424

(c) A lender approved by the United States secretary of	1425
housing and urban development for participation in a mortgage	1426
insurance program under the "National Housing Act," 48 Stat. 1246	1427
(1934), 12 U.S.C.A. 1701, as amended;	1428

(d) A bank, savings bank, or savings and loan association, or	1429
a subsidiary or an affiliate of a bank, savings bank, or savings	1430
and loan association. For purposes of division (C)(2)(d) of this	1431
section, "affiliate" has the same meaning as in division (A) of	1432
section 1101.01 of the Revised Code and "bank," as used in	1433
division (A) of section 1101.01 of the Revised Code, is deemed to	1434
include a savings bank or savings and loan association.	1435

(e) A credit union organized and qualified under Chapter	1436
1733. of the Revised Code or the "Federal Credit Union Act," 84	1437
Stat. 994 (1970), 12 U.S.C.A. 1751, as amended;	1438

(f) A budget and debt counseling service, as defined in	1439
division (D) of section 2716.03 of the Revised Code, provided that	1440
the service is a nonprofit organization exempt from taxation under	1441
section 501(c)(3) of the "Internal Revenue Code of 1986," 100	1442
Stat. 2085, 26 U.S.C.A. 501, as amended, and that the service is	1443
in compliance with Chapter 4710. of the Revised Code;	1444

(g) A consumer reporting agency that is in substantial	1445
compliance with the "Fair Credit Reporting Act," 84 Stat. 1128, 15	1446
U.S.C.A. 1681a, as amended.	1447

(h) A mortgage banker;

1448

(i) Any political subdivision, or any governmental or other	1449
public entity, corporation, or agency, in or of the United States	1450
or any state of the United States;	1451

(j) A college or university, or controlled entity of a	1452
college or university, as defined in section 1713.05 of the	1453
Revised Code;	1454

(k) A motor vehicle dealer licensed pursuant to Chapter 4517.	1455
of the Revised Code acting within the scope and authority of that	1456
license or a motor vehicle auction owner licensed pursuant to	1457
Chapters 4517. and 4707. of the Revised Code acting within the	1458
scope and authority of that license.	1459

(D) "Extension of credit" means the right to defer payment of	1460
debt, or to incur debt and defer its payment, offered or granted	1461
primarily for personal, family, or household purposes. "Extension	1462
of credit" does not include a mortgage.	1463

(E) "Mortgage" means any indebtedness secured by a deed of	1464
trust, security deed, or other lien on real property.	1465

(F) "Mortgage banker" means any person that makes, services,	1466
or buys and sells mortgage loans and is approved by the United	1467
States department of housing and urban development, the United	1468
States department of veterans affairs, the federal national	1469
mortgage association, or the federal home loan mortgage	1470
corporation.	1471

(G) "Superintendent of financial institutions" includes the	1472
deputy superintendent for consumer finance as provided in section	1473
1181.21 of the Revised Code.	1474

Section 2. That existing sections 109.572, 135.68, 1181.21,	1475
1181.25, 1321.02, 1321.12, 1321.53, 1321.59, 1321.99, 1343.01,	1476
1345.01, 2307.61, and 4712.01 and sections 1321.35, 1321.36,	1477
1321.37, 1321.38, 1321.39, 1321.40, 1321.41, 1321.42, 1321.421,	1478
1321.422, 1321.43, 1321.44, 1321.45, 1321.46, 1321.461, 1321.47,	1479
and 1321.48 of the Revised Code are hereby repealed.	1480

Section 3.  Section 109.572 of the Revised Code is presented	1481
in this act as a composite of the section as amended by both Am.	1482
Sub. H.B. 1 and Sub. S.B. 79 of the 128th General Assembly. The	1483
General Assembly, applying the principle stated in division (B) of	1484
section 1.52 of the Revised Code that amendments are to be	1485
harmonized if reasonably capable of simultaneous operation, finds	1486
that the composite is the resulting version of the section in	1487
effect prior to the effective date of the section as presented in	1488
this act.	1489