Bill Text: OH HB33 | 2009-2010 | 128th General Assembly | Engrossed

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Bill Title: To establish identification, reporting, and disclosure requirements governing illegal methamphetamine manufacturing laboratories and to name the act the Methamphetamine Awareness and Notification Act.

Spectrum: Slight Partisan Bill (Democrat 40-14)

Status: (Engrossed - Dead) 2010-05-20 - To Judiciary Criminal Justice [HB33 Detail]

Download: Ohio-2009-HB33-Engrossed.html

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As Passed by the House

128th General Assembly Regular Session 2009-2010

Sub. H. B. No. 33

Representative Dyer 

Cosponsors: Representatives Hagan, Williams, B., Boyd, Chandler, Harris, DeBose, Winburn, Bacon, Batchelder, Beck, Belcher, Bolon, Bubp, Celeste, Daniels, DeGeeter, Derickson, Dodd, Domenick, Driehaus, Evans, Fende, Foley, Garland, Garrison, Goyal, Grossman, Harwood, Heard, Koziura, Lehner, Letson, Luckie, Lundy, Mallory, Mandel, McClain, Moran, Murray, Oelslager, Otterman, Patten, Pillich, Pryor, Reece, Ruhl, Sayre, Skindell, Slesnick, Sykes, Szollosi, Weddington, Yuko 

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A BILL

To amend sections 2921.13, 4505.08, and 5302.30 and

1

to enact sections 109.5731 and 3701.181 of the

2

Revised Code to establish identification,

3

reporting, and disclosure requirements governing

4

illegal methamphetamine manufacturing laboratories

5

and to name the act the Methamphetamine Awareness

6

and Notification Act.

7

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

Section 1. That sections 2921.13, 4505.08, and 5302.30 be	8
amended and sections 109.5731 and 3701.181 of the Revised Code be	9
enacted to read as follows:	10

Sec. 109.5731. (A) As used in this section, "illegal	11
methamphetamine manufacturing laboratory" has the same meaning as	12
in section 3745.13 of the Revised Code.	13

(B) If a law enforcement agency discovers an illegal	14
methamphetamine manufacturing laboratory, the law enforcement	15
agency that makes the discovery shall inform the superintendent of	16
the bureau of criminal identification and investigation in writing	17
of the location of the real property on which the laboratory is	18
discovered and provide any other information related to the	19
laboratory or to the property that the superintendent may require.	20
If an illegal methamphetamine manufacturing laboratory is	21
discovered in a room of a hotel, motel, or similar establishment,	22
the law enforcement agency shall inform the superintendent of that	23
room number or the location of that room within the hotel, motel,	24
or similar establishment.	25

(C) If a law enforcement agency discovers an illegal	26
methamphetamine manufacturing laboratory or its components in a	27
motor vehicle, the law enforcement agency that makes the discovery	28
shall inform the superintendent of the vehicle identification	29
number of the motor vehicle and provide any other information	30
related to the laboratory or components or to the motor vehicle	31
that the superintendent may require.	32

(D) The superintendent shall establish and maintain on the	33
attorney general's official web site a database of all properties	34
and motor vehicles reported to the superintendent pursuant to	35
division (B) or (C) of this section. The database entry for each	36
motor vehicle shall include the vehicle identification number of	37
the motor vehicle. The database entry for each property shall	38
include the name of the property's owner of record, the parcel	39
number of the property in the general tax list of the county, and	40
other information that would cause the property's inclusion in the	41
database to be discovered through a title search. If an illegal	42
methamphetamine manufacturing laboratory was discovered in the	43
room of a hotel, motel, or similar establishment, the database	44
entry shall include the room number or the location of the room	45
within the hotel, motel, or similar establishment.	46

The superintendent shall remove a property from the database	47
upon receipt from a property owner of a copy of an affidavit	48
required to be submitted to the property owner in accordance with	49
rules adopted under section 3701.181 of the Revised Code. Except	50
as provided in division (E) of this section, the superintendent	51
shall not remove a property from the database unless and until the	52
superintendent has received from the property owner a copy of an	53
affidavit regarding that property.	54

(E) The superintendent shall develop procedures for the	55
removal of a property from the database if the property was	56
included in the database erroneously or improperly.	57

(F) The attorney general shall adopt rules in accordance with	58
Chapter 119. of the Revised Code to implement this section.	59

(G) Divisions (B) to (E) of this section and rules adopted	60
under division (F) of this section become operative on the	61
effective date of rules adopted by the director of health under	62
division (B) of section 3701.181 of the Revised Code.	63

Sec. 2921.13.  (A) No person shall knowingly make a false	64
statement, or knowingly swear or affirm the truth of a false	65
statement previously made, when any of the following applies:	66

(1) The statement is made in any official proceeding.

67

(2) The statement is made with purpose to incriminate	68
another.	69

(3) The statement is made with purpose to mislead a public	70
official in performing the public official's official function.	71

(4) The statement is made with purpose to secure the payment	72
of unemployment compensation; Ohio works first; prevention,	73
retention, and contingency benefits and services; disability	74
financial assistance; retirement benefits; economic development	75
assistance, as defined in section 9.66 of the Revised Code; or	76
other benefits administered by a governmental agency or paid out	77
of a public treasury.	78

(5) The statement is made with purpose to secure the issuance	79
by a governmental agency of a license, permit, authorization,	80
certificate, registration, release, or provider agreement.	81

(6) The statement is sworn or affirmed before a notary public	82
or another person empowered to administer oaths.	83

(7) The statement is in writing on or in connection with a	84
report or return that is required or authorized by law.	85

(8) The statement is in writing and is made with purpose to	86
induce another to extend credit to or employ the offender, to	87
confer any degree, diploma, certificate of attainment, award of	88
excellence, or honor on the offender, or to extend to or bestow	89
upon the offender any other valuable benefit or distinction, when	90
the person to whom the statement is directed relies upon it to	91
that person's detriment.	92

(9) The statement is made with purpose to commit or	93
facilitate the commission of a theft offense.	94

(10) The statement is knowingly made to a probate court in	95
connection with any action, proceeding, or other matter within its	96
jurisdiction, either orally or in a written document, including,	97
but not limited to, an application, petition, complaint, or other	98
pleading, or an inventory, account, or report.	99

(11) The statement is made on an account, form, record,	100
stamp, label, or other writing that is required by law.	101

(12) The statement is made in connection with the purchase of	102
a firearm, as defined in section 2923.11 of the Revised Code, and	103
in conjunction with the furnishing to the seller of the firearm of	104
a fictitious or altered driver's or commercial driver's license or	105
permit, a fictitious or altered identification card, or any other	106
document that contains false information about the purchaser's	107
identity.	108

(13) The statement is made in a document or instrument of	109
writing that purports to be a judgment, lien, or claim of	110
indebtedness and is filed or recorded with the secretary of state,	111
a county recorder, or the clerk of a court of record.	112

(14) The statement is made in an application filed with a	113
county sheriff pursuant to section 2923.125 of the Revised Code in	114
order to obtain or renew a license to carry a concealed handgun or	115
is made in an affidavit submitted to a county sheriff to obtain a	116
temporary emergency license to carry a concealed handgun under	117
section 2923.1213 of the Revised Code.	118

(15) The statement is required under section 5743.71 of the	119
Revised Code in connection with the person's purchase of	120
cigarettes or tobacco products in a delivery sale.	121

(16) The statement is made in an affidavit required by rules	122
adopted under section 3701.181 of the Revised Code.	123

(B) No person, in connection with the purchase of a firearm,	124
as defined in section 2923.11 of the Revised Code, shall knowingly	125
furnish to the seller of the firearm a fictitious or altered	126
driver's or commercial driver's license or permit, a fictitious or	127
altered identification card, or any other document that contains	128
false information about the purchaser's identity.	129

(C) No person, in an attempt to obtain a license to carry a	130
concealed handgun under section 2923.125 of the Revised Code,	131
shall knowingly present to a sheriff a fictitious or altered	132
document that purports to be certification of the person's	133
competence in handling a handgun as described in division (B)(3)	134
of section 2923.125 of the Revised Code.	135

(D) It is no defense to a charge under division (A)(6) of	136
this section that the oath or affirmation was administered or	137
taken in an irregular manner.	138

(E) If contradictory statements relating to the same fact are	139
made by the offender within the period of the statute of	140
limitations for falsification, it is not necessary for the	141
prosecution to prove which statement was false but only that one	142
or the other was false.	143

(F)(1) Whoever violates division (A)(1), (2), (3), (4), (5),	144
(6), (7), (8), (10), (11), (13), or (15), or (16) of this section	145
is guilty of falsification, a misdemeanor of the first degree.	146

(2) Whoever violates division (A)(9) of this section is	147
guilty of falsification in a theft offense. Except as otherwise	148
provided in this division, falsification in a theft offense is a	149
misdemeanor of the first degree. If the value of the property or	150
services stolen is five hundred dollars or more and is less than	151
five thousand dollars, falsification in a theft offense is a	152
felony of the fifth degree. If the value of the property or	153
services stolen is five thousand dollars or more and is less than	154
one hundred thousand dollars, falsification in a theft offense is	155
a felony of the fourth degree. If the value of the property or	156
services stolen is one hundred thousand dollars or more,	157
falsification in a theft offense is a felony of the third degree.	158

(3) Whoever violates division (A)(12) or (B) of this section	159
is guilty of falsification to purchase a firearm, a felony of the	160
fifth degree.	161

(4) Whoever violates division (A)(14) or (C) of this section	162
is guilty of falsification to obtain a concealed handgun license,	163
a felony of the fourth degree.	164

(G) A person who violates this section is liable in a civil	165
action to any person harmed by the violation for injury, death, or	166
loss to person or property incurred as a result of the commission	167
of the offense and for reasonable attorney's fees, court costs,	168
and other expenses incurred as a result of prosecuting the civil	169
action commenced under this division. A civil action under this	170
division is not the exclusive remedy of a person who incurs	171
injury, death, or loss to person or property as a result of a	172
violation of this section.	173

Sec. 3701.181. (A) The owner of real property that pursuant	174
to section 109.5731 of the Revised Code has been included in the	175
bureau of criminal identification and investigation's database of	176
properties on which illegal methamphetamine manufacturing	177
laboratories have been discovered may submit to the director of	178
health and to the superintendent of the bureau of criminal	179
identification and investigation a copy of the affidavit that is	180
required to be submitted to the owner by a contractor in	181
accordance with rules adopted under this section attesting that	182
methamphetamine residue has been removed from the property in	183
accordance with guidelines established in those rules.	184

(B) The director of health may adopt rules in accordance with	185
Chapter 119. of the Revised Code establishing guidelines for the	186
removal of methamphetamine residue from real property on which an	187
illegal methamphetamine manufacturing laboratory has been	188
discovered when a federal agency establishes guidelines for the	189
removal of methamphetamine residue from real property. Rules	190
adopted under this section shall conform with the guidelines	191
established by the federal agency. In addition, the rules shall	192
require a contractor responsible for conducting the removal of	193
methamphetamine residue from real property to submit to the owner	194
of the real property a notarized affidavit that attests that the	195
contractor has removed the methamphetamine residue in compliance	196
with the guidelines that are established in rules adopted under	197
this section and that conform with the guidelines established by	198
the federal agency.	199

(C) As used in this section, "illegal methamphetamine	200
manufacturing laboratory" has the same meaning as in section	201
3745.13 of the Revised Code.	202

Sec. 4505.08.  (A) When the clerk of a court of common pleas	203
issues a physical certificate of title, the clerk shall issue the	204
certificate of title on a form and in a manner prescribed by the	205
registrar of motor vehicles. The clerk shall file a copy of the	206
physical evidence for the creation of the certificate of title in	207
a manner prescribed by the registrar. A clerk may retain digital	208
images of documents used as evidence for issuance of a certificate	209
of title. Certified printouts of documents retained as digital	210
images shall have the same evidentiary value as the original	211
physical documents. The record of the issuance of the certificate	212
of title shall be maintained in the automated title processing	213
system. The clerk shall sign and affix the clerk's seal to the	214
original certificate of title and, if there are no liens on the	215
motor vehicle, shall deliver the certificate to the applicant or	216
the selling dealer. If there are one or more liens on the motor	217
vehicle, the certificate of title shall be delivered to the holder	218
of the first lien or the selling dealer, who shall deliver the	219
certificate of title to the holder of the first lien.	220

The registrar shall prescribe a uniform method of numbering	221
certificates of title, and such numbering shall be in such manner	222
that the county of issuance is indicated. The clerk shall assign	223
numbers to certificates of title in the manner prescribed by the	224
registrar. The clerk shall file all certificates of title	225
according to rules to be prescribed by the registrar, and the	226
clerk shall maintain in the clerk's office indexes for the	227
certificates of title.	228

The clerk need not retain on file any current certificates of	229
title, current duplicate certificates of title, current memorandum	230
certificates of title, or current salvage certificates of title,	231
or supporting evidence of them covering any motor vehicle or	232
manufactured or mobile home for a period longer than seven years	233
after the date of its filing; thereafter, the documents and	234
supporting evidence may be destroyed. The clerk need not retain on	235
file any inactive records, including certificates of title,	236
duplicate certificates of title, or memorandum certificates of	237
title, or supporting evidence of them, including the electronic	238
record described in division (A) of section 4505.06 of the Revised	239
Code, covering any motor vehicle or manufactured or mobile home	240
for a period longer than five years after the date of its filing;	241
thereafter, the documents and supporting evidence may be	242
destroyed.	243

The automated title processing system shall contain all	244
active records and an index of the active records, a record and	245
index of all inactive titles for ten years, and a record and index	246
of all inactive titles for manufactured and mobile homes for	247
thirty years. If the clerk provides a written copy of any	248
information contained in the database, the copy shall be	249
considered the original for purposes of the clerk certifying the	250
record of the information for use in any legal proceeding.	251

(B)(1) If the clerk issues a certificate of title for a motor	252
vehicle that was last previously registered in another state, the	253
clerk shall record verbatim, where practicable, in the space on	254
the title described in division (B)(19) of section 4505.07 of the	255
Revised Code, the words that appear as a notation to the vehicle	256
on the title issued by the previous state. These notations may	257
include, but are not limited to, words to the effect that the	258
vehicle was considered or was categorized by the state in which it	259
was last previously registered to be a law enforcement vehicle or	260
a taxicab or was once in a flood.	261

(2) If the clerk, while issuing a certificate of title for a	262
motor vehicle that was last previously registered in another	263
state, receives information from the automated title processing	264
system indicating that a title to the vehicle previously was	265
issued by this state and that the previous title contained	266
notations that appeared in the space described in division (B)(19)	267
or (20) of section 4505.07 of the Revised Code, the clerk shall	268
enter the notations that appeared on the previous certificate of	269
title issued by this state on the new certificate of title in the	270
space described in division (B)(19) or (20) of section 4505.07 of	271
the Revised Code, irrespective of whether the notations appear on	272
the certificate of title issued by the state in which the vehicle	273
was last previously registered.	274

(3) If the clerk, while issuing a certificate of title for a	275
motor vehicle that was last previously registered in another	276
state, receives information from the automated title processing	277
system indicating that the vehicle was previously issued a title	278
by this state and that the previous title bore the notation	279
"REBUILT SALVAGE" as required by division (E) of section 4505.11	280
of the Revised Code, or the previous title to the vehicle issued	281
by this state was a salvage certificate of title, the clerk shall	282
cause the certificate of title the clerk issues to bear the	283
notation "REBUILT SALVAGE" in the location prescribed by the	284
registrar pursuant to that division.	285

(C) When the clerk issues a certificate of title for a motor	286
vehicle that was last previously registered in this state and was	287
a law enforcement vehicle or a taxicab or was once in a flood, the	288
clerk shall record that information in the space on the title	289
described in division (B)(20) of section 4505.07 of the Revised	290
Code. In addition, when the clerk issues a certificate of title to	291
a law enforcement agency for a motor vehicle that has been seized	292
by the agency and the clerk is informed by the agency that the	293
vehicle is listed on the illegal methamphetamine manufacturing	294
laboratory database established under section 109.5731 of the	295
Revised Code, the clerk shall record that information in the space	296
on the title described in division (B)(20) of section 4505.07 of	297
the Revised Code. The registrar, by rule, may prescribe any	298
additional uses of or happenings to a motor vehicle that the	299
registrar has reason to believe should be noted on the certificate	300
of title as provided in this division.	301

As used in this division, "law enforcement agency" has the	302
same meaning as in section 109.573 of the Revised Code.	303

(D) The clerk shall use reasonable care in recording or	304
entering onto titles the clerk issues any notation and information	305
the clerk is required by divisions (B) and (C) of this section to	306
record or enter and in causing the titles the clerk issues to bear	307
any notation required by those divisions, but the clerk is not	308
liable for any of the clerk's errors or omissions or those of the	309
clerk's deputies, or the automated title processing system, in the	310
performance of the duties imposed on the clerk by this section.	311

(E) The clerk may issue a duplicate title, when duly applied	312
for, of any title that has been destroyed as herein provided.	313

(F) Except as provided in section 4505.021 of the Revised	314
Code, the clerk shall issue a physical certificate of title to an	315
applicant unless the applicant specifically requests the clerk not	316
to issue a physical certificate of title and instead to issue an	317
electronic certificate of title. The fact that a physical	318
certificate of title is not issued for a motor vehicle does not	319
affect ownership of the vehicle. In that case, when the clerk	320
completes the process of entering certificate of title application	321
information into the automated title processing system, the effect	322
of the completion of the process is the same as if the clerk	323
actually issued a physical certificate of title for the motor	324
vehicle.	325

(G) An electronic motor vehicle dealer who applies for a	326
certificate of title on behalf of a customer who purchases a motor	327
vehicle from the dealer may print a non-negotiable evidence of	328
ownership for the customer if the customer so requests. The	329
authorization to print the non-negotiable evidence of ownership	330
shall come from the clerk with whom the dealer makes application	331
for the certificate of title for the customer, but the printing by	332
the dealer does not create an agency relationship of any kind	333
between the dealer and the clerk.	334

(H) The owner of a motor vehicle may apply at any time to a	335
clerk of a court of common pleas for a non-negotiable evidence of	336
ownership for the motor vehicle.	337

Sec. 5302.30.  (A) As used in this section:

338

(1) "Good faith" means honesty in fact in a transaction	339
involving the transfer of residential real property.	340

(2) "Land installment contract" has the same meaning as in	341
section 5313.01 of the Revised Code.	342

(3) "Political subdivision" and "state" have the same	343
meanings as in section 2744.01 of the Revised Code.	344

(4) "Residential real property" means real property that is	345
improved by a building or other structure that has one to four	346
dwelling units.	347

(B)(1) Except as provided in division (B)(2) of this section,	348
this section applies to any transfer of residential real property	349
that occurs on or after July 1, 1993, by sale, land installment	350
contract, lease with option to purchase, exchange, or lease for a	351
term of ninety-nine years and renewable forever. For purposes of	352
this section, a transfer occurs when the initial contract for	353
transfer is executed, regardless of when legal title is	354
transferred, and references in this section to transfer offers and	355
transfer agreements refer to offers and agreements in respect of	356
the initial contract for transfer.	357

(2) This section does not apply to any transfer of	358
residential real property that is any of the following:	359

(a) A transfer pursuant to court order, including, but not	360
limited to, a transfer ordered by a probate court during the	361
administration of a decedent's estate, a transfer pursuant to a	362
writ of execution, a transfer by a trustee in bankruptcy, a	363
transfer as a result of the exercise of the power of eminent	364
domain, and a transfer that results from a decree for specific	365
performance of a contract or other agreement between persons;	366

(b) A transfer to a mortgagee by a mortgagor by deed in lieu	367
of foreclosure or in satisfaction of the mortgage debt;	368

(c) A transfer to a beneficiary of a deed of trust by a	369
trustor in default;	370

(d) A transfer by a foreclosure sale that follows a default	371
in the satisfaction of an obligation secured by a mortgage;	372

(e) A transfer by a sale under a power of sale following a	373
default in the satisfaction of an obligation that is secured by a	374
deed of trust or another instrument containing a power of sale;	375

(f) A transfer by a mortgagee, or a beneficiary under a deed	376
of trust, who has acquired the residential real property at a sale	377
conducted pursuant to a power of sale under a mortgage or a deed	378
of trust or who has acquired the residential real property by a	379
deed in lieu of foreclosure;	380

(g) A transfer by a fiduciary in the course of the	381
administration of a decedent's estate, a guardianship, a	382
conservatorship, or a trust;	383

(h) A transfer from one co-owner to one or more other	384
co-owners;	385

(i) A transfer made to the transferor's spouse or to one or	386
more persons in the lineal line of consanguinity of one or more of	387
the transferors;	388

(j) A transfer between spouses or former spouses as a result	389
of a decree of divorce, dissolution of marriage, annulment, or	390
legal separation or as a result of a property settlement agreement	391
incidental to a decree of divorce, dissolution of marriage,	392
annulment, or legal separation;	393

(k) A transfer to or from the state, a political subdivision	394
of the state, or another governmental entity;	395

(l) A transfer that involves newly constructed residential	396
real property that previously has not been inhabited;	397

(m) A transfer to a transferee who has occupied the property	398
as a personal residence for one or more years immediately prior to	399
the transfer;	400

(n) A transfer from a transferor who both has not occupied	401
the property as a personal residence within one year immediately	402
prior to the transfer and has acquired the property through	403
inheritance or devise.	404

(C) Except as provided in division (B)(2) of this section and	405
subject to divisions (E) and (F) of this section, every person who	406
intends to transfer any residential real property on or after July	407
1, 1993, by sale, land installment contract, lease with option to	408
purchase, exchange, or lease for a term of ninety-nine years and	409
renewable forever shall complete all applicable items in a	410
property disclosure form prescribed under division (D) of this	411
section and shall deliver in accordance with division (I) of this	412
section a signed and dated copy of the completed form to each	413
prospective transferee or prospective transferee's agent as soon	414
as is practicable.	415

(D)(1) Prior to July 1, 1993, the director of commerce, by	416
rule adopted in accordance with Chapter 119. of the Revised Code,	417
shall prescribe the disclosure form to be completed by	418
transferors. The form prescribed by the director shall be designed	419
to permit the transferor to disclose material matters relating to	420
the physical condition of the property to be transferred,	421
including, but not limited to, the source of water supply to the	422
property; the nature of the sewer system serving the property; the	423
condition of the structure of the property, including the roof,	424
foundation, walls, and floors; the presence of hazardous materials	425
or substances, including lead-based paint, asbestos,	426
urea-formaldehyde foam insulation, and radon gas; and any material	427
defects in the property that are within the actual knowledge of	428
the transferor.	429

The form also shall set forth a statement of the purpose of	430
the form, including statements substantially similar to the	431
following: that the form constitutes a statement of the conditions	432
of the property and of information concerning the property	433
actually known by the transferor; that, unless the transferee is	434
otherwise advised in writing, the transferor, other than having	435
lived at or owning the property, possesses no greater knowledge	436
than that which could be obtained by a careful inspection of the	437
property by a potential transferee; that the statement is not a	438
warranty of any kind by the transferor or by any agent or subagent	439
representing the transferor in this transaction; that the	440
statement is not a substitute for any inspections; that the	441
transferee is encouraged to obtain the transferee's own	442
professional inspection; that the representations are made by the	443
transferor and are not the representations of the transferor's	444
agent or subagent; and that the form and the representations	445
contained therein are provided by the transferor exclusively to	446
potential transferees in a transfer made by the transferor, and	447
are not made to transferees in any subsequent transfers.	448

The form shall include instructions to the transferor for	449
completing the form, space in which the transferor or transferors	450
shall sign and date the form, and space in which the transferee or	451
transferees shall sign and date the form acknowledging receipt of	452
a copy of the form and stating that the transferee or transferees	453
understand the purpose of the form as stated thereon.	454

(2) Not later than January 1, 2006, the director shall revise	455
the disclosure form to include a statement that information on the	456
operation and maintenance of the type of sewage treatment system	457
serving the property is available from the department of health or	458
the board of health of the health district in which the property	459
is located.	460

As used in this section, "sewage treatment system" has the	461
same meaning as in section 3718.01 of the Revised Code.	462

(3) The director shall revise the disclosure form to require	463
disclosure of information concerning any illegal methamphetamine	464
manufacturing laboratory that has been discovered on the property	465
and inclusion of the property in the database established under	466
section 109.5731 of the Revised Code. If the property has been	467
removed from the database pursuant to that section, the property	468
owner shall not be required to include any information regarding	469
the illegal methamphetamine manufacturing laboratory on the	470
disclosure form. The director shall revise the disclosure form	471
within thirty days of the date on which rules adopted under	472
division (B) of section 3701.181 of the Revised Code take effect.	473

As used in this section, "illegal methamphetamine	474
manufacturing laboratory" has the same meaning as in section	475
3745.13 of the Revised Code.	476

(E)(1) Each disclosure of an item of information that is	477
required to be made in the property disclosure form prescribed	478
under division (D) of this section in connection with particular	479
residential real property and each act that may be performed in	480
making any disclosure of an item of information shall be made or	481
performed in good faith.	482

(2) If an item of information is unknown to the transferor of	483
residential real property at the time the item is required to be	484
disclosed in the property disclosure form and if the approximation	485
is not used for the purpose of circumventing or otherwise evading	486
divisions (C) and (D) of this section, the transferor may make a	487
good faith approximation of the item of information.	488

(F)(1) A transferor of residential real property is not	489
liable in damages in a civil action for injury, death, or loss to	490
person or property that allegedly arises from any error in,	491
inaccuracy of, or omission of any item of information required to	492
be disclosed in the property disclosure form if the error,	493
inaccuracy, or omission was not within the transferor's actual	494
knowledge.	495

(2) If any item of information that is disclosed in the	496
property disclosure form is rendered inaccurate after the delivery	497
of the form to the transferee of residential real property or the	498
transferee's agent as a result of any act, occurrence, or	499
agreement, the subsequent inaccuracy does not cause, and shall not	500
be construed as causing, the transferor of the residential real	501
property to be in noncompliance with the requirements of divisions	502
(C) and (D) of this section.	503

(G) Any disclosure of an item of information in the property	504
disclosure form prescribed under division (D) of this section may	505
be amended in writing by the transferor of residential real	506
property at any time following the delivery of the form in	507
accordance with divisions (C) and (I) of this section. The	508
amendment shall be subject to this section.	509

(H) Except as provided in division (B)(2) of this section,	510
every prospective transferee of residential real property who	511
receives in accordance with division (C) of this section a signed	512
and dated copy of a completed property disclosure form as	513
prescribed under division (D) of this section shall acknowledge	514
receipt of the form by doing both of the following:	515

(1) Signing and dating a copy of the form;

516

(2) Delivering a signed and dated copy of the form to the	517
transferor or the transferor's agent or subagent.	518

(I) The transferor's delivery under division (C) of this	519
section of a property disclosure form as prescribed under division	520
(D) of this section and the prospective transferee's delivery	521
under division (H) of this section of an acknowledgment of receipt	522
of that form shall be made by personal delivery to the other party	523
or the other party's agent or subagent, by ordinary mail or	524
certified mail, return receipt requested, or by facsimile	525
transmission. For the purposes of the delivery requirements of	526
this section, the delivery of a property disclosure form to a	527
prospective co-transferee of residential real property or a	528
prospective co-transferee's agent shall be considered delivery to	529
the other prospective transferees unless otherwise provided by	530
contract.	531

(J) The specification of items of information that must be	532
disclosed in the property disclosure form as prescribed under	533
divisiondivisions (D)(1) and (3) of this section does not limit	534
or abridge, and shall not be construed as limiting or abridging,	535
any obligation to disclose an item of information that is created	536
by any other provision of the Revised Code or the common law of	537
this state or that may exist in order to preclude fraud, either by	538
misrepresentation, concealment, or nondisclosure in a transaction	539
involving the transfer of residential real property. The	540
disclosure requirements of this section do not bar, and shall not	541
be construed as barring, the application of any legal or equitable	542
defense that a transferor of residential real property may assert	543
in a civil action commenced against the transferor by a	544
prospective or actual transferee of that property.	545

(K)(1) Except as provided in division (K)(2) of this section,	546
but subject to divisions (J) and (L) of this section, a transfer	547
of residential real property that is subject to this section shall	548
not be invalidated because of the failure of the transferor to	549
provide to the transferee in accordance with division (C) of this	550
section a completed property disclosure form as prescribed under	551
division (D) of this section.	552

(2) Subject to division (K)(3)(c) of this section, if a	553
transferee of residential real property that is subject to this	554
section receives a property disclosure form or an amendment of	555
that form as described in division (G) of this section after the	556
transferee has entered into a transfer agreement with respect to	557
the property, the transferee, after receipt of the form or	558
amendment, may rescind the transfer agreement in a written,	559
signed, and dated document that is delivered to the transferor or	560
the transferor's agent or subagent in accordance with divisions	561
(K)(3)(a) and (b) of this section, without incurring any legal	562
liability to the transferor because of the rescission, including,	563
but not limited to, a civil action for specific performance of the	564
transfer agreement. Upon the rescission of the transfer agreement,	565
the transferee is entitled to the return of, and the transferor	566
shall return, any deposits made by the transferee in connection	567
with the proposed transfer of the residential real property.	568

(3)(a) Subject to division (K)(3)(b) of this section, a	569
rescission of a transfer agreement under division (K)(2) of this	570
section only may occur if the transferee's written, signed, and	571
dated document of rescission is delivered to the transferor or the	572
transferor's agent or subagent within three business days	573
following the date on which the transferee or the transferee's	574
agent receives the property disclosure form prescribed under	575
division (D) of this section or the amendment of that form as	576
described in division (G) of this section.	577

(b) A transferee may not rescind a transfer agreement under	578
division (K)(2) of this section unless the transferee rescinds the	579
transfer agreement by the earlier of the date that is thirty days	580
after the date upon which the transferor accepted the transferee's	581
transfer offer or the date of the closing of the transfer of the	582
residential real property.	583

(c) A transferee of residential real property may waive the	584
right of rescission of a transfer agreement described in division	585
(K)(2) of this section.	586

(d) A rescission of a transfer agreement is not permissible	587
under division (K)(2) of this section if a transferee of	588
residential real property that is subject to this section receives	589
a property disclosure form as prescribed under division (D) of	590
this section or an amendment of that form as described in division	591
(G) of this section prior to the transferee's submission to the	592
transferor or the transferor's agent or subagent of a transfer	593
offer and the transferee's entry into a transfer agreement with	594
respect to the property.	595

(4) If a transferee of residential real property subject to	596
this section does not receive a property disclosure form from the	597
transferor after the transferee has submitted to the transferor or	598
the transferor's agent or subagent a transfer offer and has	599
entered into a transfer agreement with respect to the property,	600
the transferee may rescind the transfer agreement in a written,	601
signed, and dated document that is delivered to the transferor or	602
the transferor's agent or subagent in accordance with division	603
(K)(4) of this section without incurring any legal liability to	604
the transferor because of the rescission, including, but not	605
limited to, a civil action for specific performance of the	606
transfer agreement. Upon the rescission of the transfer agreement,	607
the transferee is entitled to the return of, and the transferor	608
shall return, any deposits made by the transferee in connection	609
with the proposed transfer of the residential real property. A	610
transferee may not rescind a transfer agreement under division	611
(K)(4) of this section unless the transferee rescinds the transfer	612
agreement by the earlier of the date that is thirty days after the	613
date upon which the transferor accepted the transferee's transfer	614
offer or the date of the closing of the transfer of the	615
residential real property.	616

(L) The right of rescission of a transfer agreement described	617
in division (K)(2) of this section or the absence of that right	618
does not affect, and shall not be construed as affecting, any	619
other legal causes of action or other remedies that a transferee	620
or prospective transferee of residential real property may possess	621
against the transferor of that property.	622

Section 2. That existing sections 2921.13, 4505.08, and	623
5302.30 of the Revised Code are hereby repealed.	624

Section 3. This act shall be known as the Methamphetamine	625
Awareness and Notification Act.	626