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
As Passed by the House
128th General Assembly | Regular Session | 2009-2010 |
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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
A BILL
| To amend sections 2921.13, 4505.08, and 5302.30 and | 1 |
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to enact sections 109.5731 and 3701.181 of the | 2 |
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Revised Code to establish identification, | 3 |
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reporting, and disclosure requirements governing | 4 |
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illegal methamphetamine manufacturing laboratories | 5 |
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and to name the act the Methamphetamine Awareness | 6 |
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 |