As Passed by the Senate

127th General Assembly Regular Session 2007-2008

Sub. S. B. No. 6

Senator Niehaus 

Cosponsors: Senators Clancy, Goodman, Smith, Cafaro, Schuring, Faber, Padgett, Mumper, Harris, Amstutz, Cates, Coughlin, Fedor, Gardner, Mason, Seitz, Schaffer, Spada, Schuler, Boccieri, Miller, D., Jacobson, Austria, Sawyer, Carey, Morano, Wilson, Miller, R. 

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A BILL

To amend sections 125.18, 317.082, 319.28, 319.54,

1

2305.09, and 2901.13 and to enact sections

2

109.941, 111.241, 149.434, 149.45, 1349.52, and

3

1349.53 of the Revised Code to allow a consumer

4

to place a security freeze on the consumer's

5

credit report, to require a public office to

6

redact from a document that is otherwise a public

7

record certain information, to require a public

8

office to redact Social Security numbers or

9

federal tax identification numbers from any

10

document that is made available online to the

11

public through the internet, to require the Office

12

of Criminal Justice Services to make state funding

13

grants available to local law enforcement agencies

14

for enforcement of identity fraud laws, to require

15

the attorney general to support local law

16

enforcement agencies with the enforcement of

17

identity fraud laws, to enact a special statute

18

of limitations for criminal prosecutions and

19

civil actions against identity fraud, to allow a

20

safety worker to request the county auditor to

21

remove the safety worker's name from the general

22

tax list of real and public utility property and

23

the general duplicate of real and pubic utility

24

property and insert the safety worker's initials,

25

and to prohibit a county auditor from charging a

26

real property conveyance fee to a safety worker

27

who changes the current owner name on the general

28

tax list of real and public utility property and

29

the general duplicate of real and public utility

30

property to the safety worker's initials.

31

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

Section 1. That sections 125.18, 317.082, 319.28, 319.54,	32
2305.09, and 2901.13 be amended and sections 109.941, 111.241,	33
149.434, 149.45, 1349.52, and 1349.53 of the Revised Code be	34
enacted to read as follows:	35

Sec. 109.941.  The attorney general shall cooperate with and	36
provide technical assistance to any local law enforcement agency	37
in the state, upon that agency's request, with respect to	38
enforcement of identity fraud crimes.	39

Sec. 111.241. (A) The secretary of state shall not accept a	40
document for filing or recording if the document includes any	41
individual's social security number or federal tax identification	42
number. If a document presented for filing or recording includes	43
any individual's social security number or federal tax	44
identification number and the secretary of state refuses to accept	45
that document for filing or recording, the secretary of state or	46
the person who attempted to file or record the document with the	47
secretary of state may immediately redact the individual's social	48
security number or federal tax identification number from the	49
document.	50

(B) Division (A) of this section does not apply to either of	51
the following:	52

(1) Any document that originates with any court or taxing	53
authority;	54

(2) Any publicly recorded document that is required by	55
federal or state law to include an individual's social security	56
number or federal tax identification number.	57

(C) This section does not apply to documents that were	58
executed by an individual prior to the effective date of this	59
section.	60

Sec. 125.18. (A) There is hereby established the office of	61
information technology housed within the department of	62
administrative services. The office shall be under the supervision	63
of a chief information officer to be appointed by the governor and	64
subject to removal at the pleasure of the governor. The chief	65
information officer shall serve as the director of the office.	66

(B) The director of the office of information technology	67
shall advise the governor regarding the superintendence and	68
implementation of statewide information technology policy.	69

(C) The director of the office of information technology	70
shall lead, oversee, and direct state agency activities related to	71
information technology development and use. In that regard, the	72
director shall do all of the following:	73

(1) Coordinate and superintend statewide efforts to promote	74
common use and development of technology by state agencies. The	75
office of information technology shall establish policies and	76
standards that govern and direct state agency participation in	77
statewide programs and initiatives.	78

(2) Establish policies and standards for the acquisition and	79
use of information technology by state agencies, including, but	80
not limited to, hardware, software, technology services, and	81
security, with which state agencies shall comply;	82

(3) Establish criteria and review processes to identify state	83
agency information technology projects that require alignment or	84
oversight. As appropriate, the office of information technology	85
shall provide the governor and the director of budget and	86
management with notice and advice regarding the appropriate	87
allocation of resources for those projects. The director of the	88
office of information technology may require state agencies to	89
provide, and may prescribe the form and manner by which they must	90
provide, information to fulfill the director's alignment and	91
oversight role;	92

(4) Establish policies and procedures for the security of	93
personal information that is maintained and destroyed by state	94
agencies;	95

(5) Employ a chief information security officer who is	96
responsible for the implementation of the policies and procedures	97
described in division (C)(4) of this section and for coordinating	98
the implementation of those policies and procedures in all of the	99
state agencies;	100

(6) Employ a chief privacy officer who is responsible for	101
advising the office of information technology and state agencies	102
when establishing policies and procedures for the security of	103
personal information and developing education and training	104
programs regarding the state's security procedures.	105

(D)(1) The chief information security officer shall assist	106
each state agency with the development of an information	107
technology security strategic plan and review that plan, and each	108
state agency shall submit that plan to the office of information	109
technology. The chief information security officer may require	110
that each state agency update its information technology security	111
strategic plan annually as determined by the chief information	112
officer.	113

(2) Prior to the implementation of any information technology	114
data system, a state agency shall prepare or have prepared a	115
privacy impact statement for that system.	116

(E) The office of information technology shall have the same	117
authority given to the department of administativeadministrative	118
services under sections 125.01, 125.02, 125.023, 125.04, 125.05,	119
125.06, 125.07, 125.071, 125.072, 125.081, 125.09, 125.10,	120
125.11, and 125.25 of the Revised Code for the purchase of	121
information technology supplies and services for state agencies.	122

(E)(F) The office of information technology may make	123
contracts for, operate, and superintend technology supplies and	124
services for state agencies in accordance with this chapter.	125

(F)(G) The office of information technology may establish	126
cooperative agreements with federal and local government agencies	127
and state agencies that are not under the authority of the	128
governor for the provision of technology services and the	129
development of technology projects.	130

(G)(H) As used in this section, "state:

131

(1) "Personal information" has the same meaning as in section	132
149.45 of the Revised Code.	133

(2) "State agency" means every organized body, office, or	134
agency established by the laws of the state for the exercise of	135
any function of state government, other than any state-supported	136
institution of higher education, the office of the auditor of	137
state, treasurer of state, secretary of state, or attorney	138
general, the public employees retirement system, the Ohio police	139
and fire pension fund, the state teachers retirement system, the	140
school employees retirement system, the state highway patrol	141
retirement system, the general assembly or any legislative agency,	142
or the courts or any judicial agency.	143

Sec. 149.434. (A) Each public office or person responsible	144
for public records shall maintain a database or a list that	145
includes the name and date of birth of all public officials and	146
employees elected to or employed by that public office. The	147
database or list is a public record and shall be made available	148
upon a request made pursuant to section 149.43 of the Revised	149
Code.	150

(B) As used in this section:

151

(1) "Employee" has the same meaning as in section 9.40 of the	152
Revised Code.	153

(2) "Public official" has the same meaning as in section	154
117.01 of the Revised Code.	155

(3) "Public record" has the same meaning as in section 149.43	156
of the Revised Code.	157

Sec. 149.45. (A) As used in this section:

158

(1) "Personal information" means any of the following:

159

(a) An individual's social security number;

160

(b) An individual's federal tax identification number;

161

(c) An individual's driver's license number or state	162
identification number;	163

(d) An individual's checking account number, savings account	164
number, or credit card number.	165

(2) "Public record" and "peace officer, parole officer,	166
prosecuting attorney, assistant prosecuting attorney,	167
correctional employee, youth services employee, firefighter, or	168
EMT residential and familial information" have the same meanings	169
as in section 149.43 of the Revised Code.	170

(3) "Truncate" means to redact all but the last four digits	171
of an individual's social security number.	172

(B)(1) No public office or person responsible for a public	173
office's public records shall make available to the general public	174
on the internet or the public office's web site any document that	175
contains an individual's social security number without otherwise	176
redacting, encrypting, or truncating the social security number.	177

(2) A public office or person responsible for a public	178
office's public records that prior to the effective date of this	179
section made available to the general public on the internet or	180
the public office's web site any document that contains an	181
individual's social security number shall redact, encrypt, or	182
truncate the social security number from that document.	183

(3) Divisions (B)(1) and (2) of this section do not apply to	184
documents that are only accessible through the internet or the	185
public office's web site with a password.	186

(C)(1) An individual may request that a public office or a	187
person responsible for a public office's public records redact	188
personal information of that individual from any record made	189
available to the general public on the internet or the public	190
office's web site. An individual who makes a request for redaction	191
pursuant to this division shall make the request in writing on a	192
form developed by the attorney general and shall specify the	193
personal information to be redacted and provide any information	194
that identifies the location of that personal information within	195
a document that contains that personal information.	196

(2) Upon receiving a request for a redaction pursuant to	197
division (C)(1) of this section, a public office or a person	198
responsible for a public office's public records shall act within	199
five business days in accordance with the request to redact the	200
personal information of the individual from any record made	201
available to the general public on the internet or the public	202
office's web site, if practicable. If a redaction is not	203
practicable, the public office or person responsible for the	204
public office's public records shall verbally or in writing within	205
five business days after receiving the written request explain to	206
the individual why the redaction is impracticable.	207

(3) The attorney general shall develop a form to be used by	208
an individual to request a redaction pursuant to division (C)(1)	209
of this section. The form shall include a place to provide any	210
information that identifies the location of the personal	211
information to be redacted.	212

(D)(1) A peace officer, parole officer, prosecuting	213
attorney, assistant prosecuting attorney, correctional employee,	214
youth services employee, firefighter, or EMT may request that a	215
public office other than a county auditor or a person responsible	216
for the public records of a public office other than a county	217
auditor redact the address of the person making the request from	218
any record made available to the general public on the internet	219
or the public office's web site that includes peace officer,	220
parole officer, prosecuting attorney, assistant prosecuting	221
attorney, correctional employee, youth services employee,	222
firefighter, or EMT residential and familial information of the	223
person making the request. A person who makes a request for a	224
redaction pursuant to this division shall make the request in	225
writing and on a form developed by the attorney general.	226

(2) Upon receiving a written request for a redaction pursuant	227
to division (D)(1) of this section, a public office other than a	228
county auditor or a person responsible for the public records of a	229
public office other than a county auditor shall act within five	230
business days in accordance with the request to redact the	231
address of the peace officer, parole officer, prosecuting	232
attorney, assistant prosecuting attorney, correctional employee,	233
youth services employee, firefighter, or EMT making the request	234
from any record made available to the general public on the	235
internet or the public office's web site that includes peace	236
officer, parole officer, prosecuting attorney, assistant	237
prosecuting attorney, correctional employee, youth services	238
employee, firefighter, or EMT residential and familial	239
information of the person making the request, if practicable. If	240
a redaction is not practicable, the public office or person	241
responsible for the public office's public records shall verbally	242
or in writing within five business days after receiving the	243
written request explain to the peace officer, parole officer,	244
prosecuting attorney, assistant prosecuting attorney,	245
correctional employee, youth services employee, firefighter, or	246
EMT why the redaction is impracticable.	247

(3) Except as provided in this section and section 319.28 of	248
the Revised Code, a public office other than an employer of a	249
peace officer, parole officer, prosecuting attorney, assistant	250
prosecuting attorney, correctional employee, youth services	251
employee, firefighter, or EMT or a person responsible for the	252
public records of the employer is not required to redact the	253
residential and familial information of the peace officer, parole	254
officer, prosecuting attorney, assistant prosecuting attorney,	255
correctional employee, youth services employee, firefighter, or	256
EMT from other records maintained by the public office.	257

(4) The attorney general shall develop a form to be used by a	258
peace officer, parole officer, prosecuting attorney, assistant	259
prosecuting attorney, correctional employee, youth services	260
employee, firefighter, or EMT to request a redaction pursuant to	261
division (D)(1) of this section. The form shall include a place to	262
provide any information that identifies the location of the	263
address of a peace officer, parole officer, prosecuting attorney,	264
assistant prosecuting attorney, correctional employee, youth	265
services employee, firefighter, or EMT to be redacted.	266

(E)(1) If a public office or a person responsible for a	267
public office's public records becomes aware that an electronic	268
record of that public office that is made available to the	269
general public on the internet or that public office's web site	270
contains an individual's social security number that was	271
mistakenly not redacted, encrypted, or truncated as required by	272
division (B)(1) or (2) of this section, the public office or	273
person responsible for the public office's public records shall	274
redact, encrypt, or truncate the individual's social security	275
number within a reasonable period of time.	276

(2) A public office or a person responsible for a public	277
office's public records is not liable in damages in a civil action	278
for any harm an individual allegedly sustains as a result of the	279
inclusion of that individual's personal information on any record	280
made available to the general public on the internet or the public	281
office's web site or any harm a peace officer, parole officer	282
prosecuting attorney, assistant prosecuting attorney, correctional	283
employee, youth services employee, firefighter, or EMT sustains as	284
a result of the inclusion of the address of the peace officer,	285
parole officer, prosecuting attorney, assistant prosecuting	286
attorney, correctional employee, youth services employee,	287
firefighter, or EMT on any record made available to the general	288
public on the internet or the public office's web site in	289
violation of this section unless the public office or person	290
responsible for the public office's public records acted with	291
malicious purpose, in bad faith, or in a wanton or reckless manner	292
or division (A)(6)(a) or (c) of section 2744.03 of the Revised	293
Code applies.	294

Sec. 317.082.  (A) As used in this section, "preparer" means	295
any mortgage company, bank, title agency, or other person	296
responsible for filing documents with the office of a county	297
recorder for recording under section 317.08 of the Revised Code.	298

(B) Except as provided in division (C) or (D) of this	299
section, the preparer of any document to be recorded by a county	300
recorder under section 317.08 of the Revised Code shall not	301
include any individual's social security numberpersonal	302
information in any document that is filed for recording in the	303
office of the county recorder under that section. The county	304
recorder shall not accept such a document for recording if it	305
includes any individual's social security numberpersonal	306
information. If a document presented for recording includes any	307
individual's social security numberpersonal information and the	308
county recorder refuses to accept that document for recording, the	309
county recorder or the person who attempted to file the document	310
with the county recorder may immediately redact the individual's	311
social security numberpersonal information from the document.	312

The preparer is not liable in damages in a civil action for	313
any harm an individual allegedly sustains as a result of the	314
inclusion of the individual's social security numberpersonal	315
information on a document in violation of this division if the	316
preparer establishes as an affirmative defense that the preparer	317
made a good faith effort to comply with this division. The county	318
recorder and the county recorder's employees are immune from	319
liability in damages in a civil action brought against the county	320
recorder or an employee of the county recorder to recover damages	321
for any harm an individual allegedly sustains as a result of the	322
county recorder or an employee of the county recorder accepting a	323
document that includes the individual's social security number	324
personal information in violation of this division, unless the	325
county recorder or an employee of the county recorder accepted	326
that document with malicious purpose, in bad faith, or in a wanton	327
or reckless manner, or division (A)(6)(a) or (c) of section	328
2744.03 of the Revised Code applies.	329

(C) An individual who executes a document that must be filed	330
by a preparer for recording in the office of the county recorder	331
under section 317.08 of the Revised Code may execute an affidavit	332
consenting to the inclusion of the individual's social security	333
numberpersonal information in the document. If an individual	334
executes an affidavit consenting to the inclusion of the	335
individual's social security numberpersonal information in the	336
document under this division, division (B) of this section does	337
not apply to the preparer of the document or to the county	338
recorder and the county recorder's employees.	339

(D) Division (B) of this section does not apply to any of the	340
following:	341

(1) Any document that originates with any court or taxing	342
authority;	343

(2) Any document that upon its filing for recording in the	344
office of the county recorder under section 317.08 of the Revised	345
Code constitutes a nonconsensual lien against an individual;	346

(3) Any publicly recorded document that is required by	347
federal or state law to include an individual's social security	348
number or personal information.	349

(E)(1) This section does not apply to documents that were	350
executed by an individual prior to the effective date of this	351
sectionSeptember 28, 2006.	352

(2) This section, as amended by this amendment, does not	353
apply to documents that were executed by an individual on or after	354
September 28, 2006, and prior to the effective date of this	355
amendment.	356

(F) As used in this section, "personal information" has the	357
same meaning as in section 149.45 of the Revised Code.	358

Sec. 319.28. On(A) Except as otherwise provided in division	359
(B) of this section, on or before the first Monday of August,	360
annually, the county auditor shall compile and make up a general	361
tax list of real and public utility property in the county, either	362
in tabular form and alphabetical order, or, with the consent of	363
the county treasurer, by listing all parcels in a permanent parcel	364
number sequence to which a separate alphabetical index is keyed,	365
containing the names of the several persons, companies, firms,	366
partnerships, associations, and corporations in whose names real	367
property has been listed in each township, municipal corporation,	368
special district, or separate school district, or part of either	369
in histhe auditor's county, placing separately, in appropriate	370
columns opposite each name, the description of each tract, lot, or	371
parcel of real estate, the value of each tract, lot, or parcel,	372
the value of the improvements thereon, and of the names of the	373
several public utilities whose property, subject to taxation on	374
the general tax list and duplicate, has been apportioned by the	375
department of taxation to the county, and the amount so	376
apportioned to each township, municipal corporation, special	377
district, or separate school district or part of either in histhe	378
auditor's county, as shown by the certificates of apportionment of	379
public utility property. If the name of the owner of any tract,	380
lot, or parcel of real estate is unknown to the auditor, "unknown"	381
shall be entered in the column of names opposite said tract, lot,	382
or parcel. Such lists shall be prepared in duplicate. On or before	383
the first Monday of September in each year, the auditor shall	384
correct such lists in accordance with the additions and deductions	385
ordered by the tax commissioner and by the county board of	386
revision, and shall certify and on the first day of October	387
deliver one copy thereof to the county treasurer. The copies	388
prepared by the auditor shall constitute the auditor's general tax	389
list and treasurer's general duplicate of real and public utility	390
property for the current year.	391

Once a permanent parcel numbering system has been established	392
in any county as provided by the preceding paragraph, such system	393
shall remain in effect until otherwise agreed upon by the county	394
auditor and county treasurer.	395

(B)(1) A peace officer, parole officer, prosecuting attorney,	396
assistant prosecuting attorney, correctional employee, youth	397
services employee, firefighter, or EMT may submit a written	398
request by affidavit to the county auditor requesting the county	399
auditor to remove the name of the peace officer, parole officer,	400
prosecuting attorney, assistant prosecuting attorney,	401
correctional employee, youth services employee, firefighter, or	402
EMT from the general tax list of real and public utility property	403
and the general duplicate of real and public utility property and	404
insert the initials of the peace officer, parole officer,	405
prosecuting attorney, assistant prosecuting attorney,	406
correctional employee, youth services employee, firefighter, or	407
EMT on the general tax list of real and public utility property	408
and the general duplicate of real and public utility property as	409
the name of the peace official, parole officer, prosecuting	410
attorney, assistant prosecuting attorney, correctional employee,	411
youth services employee, firefighter, or EMT that appears on the	412
deed.	413

(2) Upon receiving a written request by affidavit described	414
in division (B)(1) of this section, the county auditor shall act	415
within five business days in accordance with the request to	416
remove the name of the peace officer, parole officer, prosecuting	417
attorney, assistant prosecuting attorney, correctional employee,	418
youth services employee, firefighter, or EMT from the general tax	419
list of real and public utility property and the general	420
duplicate of real and public utility property and insert initials	421
of the peace officer, parole officer, prosecuting attorney,	422
assistant prosecuting attorney, correctional employee, youth	423
services employee, firefighter, or EMT on the general tax list of	424
real and public utility property and the general duplicate of	425
real and public utility property, if practicable. If the removal	426
and insertion is not practicable, the county auditor shall	427
verbally or in writing within five business days after receiving	428
the written request explain to the peace officer, parole officer,	429
prosecuting attorney, assistant prosecuting attorney,	430
correctional employee, youth services employee, firefighter, or	431
EMT why the removal and insertion is impracticable.	432

Sec. 319.54.  (A) On all moneys collected by the county	433
treasurer on any tax duplicate of the county, other than estate	434
tax duplicates, and on all moneys received as advance payments of	435
personal property and classified property taxes, the county	436
auditor, on settlement with the treasurer and tax commissioner, on	437
or before the date prescribed by law for such settlement or any	438
lawful extension of such date, shall be allowed as compensation	439
for the county auditor's services the following percentages:	440

(1) On the first one hundred thousand dollars, two and	441
one-half per cent;	442

(2) On the next two million dollars, eight thousand three	443
hundred eighteen ten-thousandths of one per cent;	444

(3) On the next two million dollars, six thousand six hundred	445
fifty-five ten-thousandths of one per cent;	446

(4) On all further sums, one thousand six hundred sixty-three	447
ten-thousandths of one per cent.	448

If any settlement is not made on or before the date	449
prescribed by law for such settlement or any lawful extension of	450
such date, the aggregate compensation allowed to the auditor shall	451
be reduced one per cent for each day such settlement is delayed	452
after the prescribed date. No penalty shall apply if the auditor	453
and treasurer grant all requests for advances up to ninety per	454
cent of the settlement pursuant to section 321.34 of the Revised	455
Code. The compensation allowed in accordance with this section on	456
settlements made before the dates prescribed by law, or the	457
reduced compensation allowed in accordance with this section on	458
settlements made after the date prescribed by law or any lawful	459
extension of such date, shall be apportioned ratably by the	460
auditor and deducted from the shares or portions of the revenue	461
payable to the state as well as to the county, townships,	462
municipal corporations, and school districts.	463

(B) For the purpose of reimbursing county auditors for the	464
expenses associated with the increased number of applications for	465
reductions in real property taxes under sections 323.152 and	466
4503.065 of the Revised Code that results from the amendment of	467
those sections by Am. Sub. H.B. 119 of the 127th general assembly,	468
on the first day of August of each year there shall be paid from	469
the state's general revenue fund to the county treasury to the	470
credit of the real estate assessment fund created by section	471
325.31 of the Revised Code an amount equal to one per cent of the	472
total annual amount of property tax relief reimbursement paid to	473
that county under sections 323.156 and 4503.068 of the Revised	474
Code for the preceding tax year.	475

(C) From all moneys collected by the county treasurer on any	476
tax duplicate of the county, other than estate tax duplicates, and	477
on all moneys received as advance payments of personal property	478
and classified property taxes, there shall be paid into the county	479
treasury to the credit of the real estate assessment fund created	480
by section 325.31 of the Revised Code, an amount to be determined	481
by the county auditor, which shall not exceed the percentages	482
prescribed in divisions (C)(1) and (2) of this section.	483

(1) For payments made after June 30, 2007, and before 2011,	484
the following percentages:	485

(a) On the first five hundred thousand dollars, four per	486
cent;	487

(b) On the next five million dollars, two per cent;

488

(c) On the next five million dollars, one per cent;

489

(d) On all further sums not exceeding one hundred fifty	490
million dollars, three-quarters of one per cent;	491

(e) On amounts exceeding one hundred fifty million dollars,	492
five hundred eighty-five thousandths of one per cent.	493

(2) For payments made in or after 2011, the following	494
percentages:	495

(a) On the first five hundred thousand dollars, four per	496
cent;	497

(b) On the next ten million dollars, two per cent;

498

(c) On amounts exceeding ten million five hundred thousand	499
dollars, three-fourths of one per cent.	500

Such compensation shall be apportioned ratably by the auditor	501
and deducted from the shares or portions of the revenue payable to	502
the state as well as to the county, townships, municipal	503
corporations, and school districts.	504

(D) Each county auditor shall receive four per cent of the	505
amount of tax collected and paid into the county treasury, on	506
property omitted and placed by the county auditor on the tax	507
duplicate.	508

(E) On all estate tax moneys collected by the county	509
treasurer, the county auditor, on settlement semiannually with the	510
tax commissioner, shall be allowed, as compensation for the	511
auditor's services under Chapter 5731. of the Revised Code, the	512
following percentages:	513

(1) Four per cent on the first one hundred thousand dollars;

514

(2) One-half of one per cent on all additional sums.

515

Such percentages shall be computed upon the amount collected	516
and reported at each semiannual settlement, and shall be for the	517
use of the general fund of the county.	518

(F) On all cigarette license moneys collected by the county	519
treasurer, the county auditor, on settlement semiannually with the	520
treasurer, shall be allowed as compensation for the auditor's	521
services in the issuing of such licenses one-half of one per cent	522
of such moneys, to be apportioned ratably and deducted from the	523
shares of the revenue payable to the county and subdivisions, for	524
the use of the general fund of the county.	525

(G) The county auditor shall charge and receive fees as	526
follows:	527

(1) For deeds of land sold for taxes to be paid by the	528
purchaser, five dollars;	529

(2) For the transfer or entry of land, lot, or part of lot,	530
or the transfer or entry on or after January 1, 2000, of a used	531
manufactured home or mobile home as defined in section 5739.0210	532
of the Revised Code, fifty cents for each transfer or entry, to be	533
paid by the person requiring it;	534

(3) For receiving statements of value and administering	535
section 319.202 of the Revised Code, one dollar, or ten cents for	536
each one hundred dollars or fraction of one hundred dollars,	537
whichever is greater, of the value of the real property	538
transferred or, for sales occurring on or after January 1, 2000,	539
the value of the used manufactured home or used mobile home, as	540
defined in section 5739.0210 of the Revised Code, transferred,	541
except no fee shall be charged when the transfer is made:	542

(a) To or from the United States, this state, or any	543
instrumentality, agency, or political subdivision of the United	544
States or this state;	545

(b) Solely in order to provide or release security for a debt	546
or obligation;	547

(c) To confirm or correct a deed previously executed and	548
recorded or when a current owner on the general tax list of real	549
and public utility property and the general duplicate of real and	550
public utility property is a peace officer, parole officer,	551
prosecuting attorney, assistant prosecuting attorney,	552
correctional employee, youth services employee, firefighter, or	553
EMT and is changing the current owner name listed on the general	554
tax list of real and public utility property and the general	555
duplicate of real and public utility property to the initials of	556
the current owner as prescribed in division (B)(1) of section	557
319.28 of the Revised Code;	558

(d) To evidence a gift, in trust or otherwise and whether	559
revocable or irrevocable, between husband and wife, or parent and	560
child or the spouse of either;	561

(e) On sale for delinquent taxes or assessments;

562

(f) Pursuant to court order, to the extent that such transfer	563
is not the result of a sale effected or completed pursuant to such	564
order;	565

(g) Pursuant to a reorganization of corporations or	566
unincorporated associations or pursuant to the dissolution of a	567
corporation, to the extent that the corporation conveys the	568
property to a stockholder as a distribution in kind of the	569
corporation's assets in exchange for the stockholder's shares in	570
the dissolved corporation;	571

(h) By a subsidiary corporation to its parent corporation for	572
no consideration, nominal consideration, or in sole consideration	573
of the cancellation or surrender of the subsidiary's stock;	574

(i) By lease, whether or not it extends to mineral or mineral	575
rights, unless the lease is for a term of years renewable forever;	576

(j) When the value of the real property or the manufactured	577
or mobile home or the value of the interest that is conveyed does	578
not exceed one hundred dollars;	579

(k) Of an occupied residential property, including a	580
manufactured or mobile home, being transferred to the builder of a	581
new residence or to the dealer of a new manufactured or mobile	582
home when the former residence is traded as part of the	583
consideration for the new residence or new manufactured or mobile	584
home;	585

(l) To a grantee other than a dealer in real property or in	586
manufactured or mobile homes, solely for the purpose of, and as a	587
step in, the prompt sale of the real property or manufactured or	588
mobile home to others;	589

(m) To or from a person when no money or other valuable and	590
tangible consideration readily convertible into money is paid or	591
to be paid for the real estate or manufactured or mobile home and	592
the transaction is not a gift;	593

(n) Pursuant to division (B) of section 317.22 of the Revised	594
Code, or section 2113.61 of the Revised Code, between spouses or	595
to a surviving spouse pursuant to section 5302.17 of the Revised	596
Code as it existed prior to April 4, 1985, between persons	597
pursuant to section 5302.17 or 5302.18 of the Revised Code on or	598
after April 4, 1985, to a person who is a surviving, survivorship	599
tenant pursuant to section 5302.17 of the Revised Code on or after	600
April 4, 1985, or pursuant to section 5309.45 of the Revised Code;	601

(o) To a trustee acting on behalf of minor children of the	602
deceased;	603

(p) Of an easement or right-of-way when the value of the	604
interest conveyed does not exceed one thousand dollars;	605

(q) Of property sold to a surviving spouse pursuant to	606
section 2106.16 of the Revised Code;	607

(r) To or from an organization exempt from federal income	608
taxation under section 501(c)(3) of the "Internal Revenue Code of	609
1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such	610
transfer is without consideration and is in furtherance of the	611
charitable or public purposes of such organization;	612

(s) Among the heirs at law or devisees, including a surviving	613
spouse, of a common decedent, when no consideration in money is	614
paid or to be paid for the real property or manufactured or mobile	615
home;	616

(t) To a trustee of a trust, when the grantor of the trust	617
has reserved an unlimited power to revoke the trust;	618

(u) To the grantor of a trust by a trustee of the trust, when	619
the transfer is made to the grantor pursuant to the exercise of	620
the grantor's power to revoke the trust or to withdraw trust	621
assets;	622

(v) To the beneficiaries of a trust if the fee was paid on	623
the transfer from the grantor of the trust to the trustee or if	624
the transfer is made pursuant to trust provisions which became	625
irrevocable at the death of the grantor;	626

(w) To a corporation for incorporation into a sports facility	627
constructed pursuant to section 307.696 of the Revised Code;	628

(x) Between persons pursuant to section 5302.18 of the	629
Revised Code.	630

The auditor shall compute and collect the fee. The auditor	631
shall maintain a numbered receipt system, as prescribed by the tax	632
commissioner, and use such receipt system to provide a receipt to	633
each person paying a fee. The auditor shall deposit the receipts	634
of the fees on conveyances in the county treasury daily to the	635
credit of the general fund of the county.	636

The real property transfer fee provided for in division	637
(G)(3) of this section shall be applicable to any conveyance of	638
real property presented to the auditor on or after January 1,	639
1968, regardless of its time of execution or delivery.	640

The transfer fee for a used manufactured home or used mobile	641
home shall be computed by and paid to the county auditor of the	642
county in which the home is located immediately prior to the	643
transfer.	644

Sec. 1349.52. (A) As used in this section:

645

(1) "Consumer credit reporting agency" means any person that,	646
for monetary fees, dues, or on a cooperative nonprofit basis,	647
regularly engages in whole or in part in the practice of	648
maintaining consumers' credit information for the purpose of	649
furnishing credit reports to third parties.	650

(2) "Credit report" means any written, oral, or other	651
communication of any credit information by a consumer credit	652
reporting agency that operates or maintains a database of consumer	653
credit information bearing on a consumer's credit worthiness,	654
credit standing, or credit capacity.	655

(3) "Security freeze" means a restriction placed in a	656
consumer's credit report at the request of the consumer that	657
prohibits a consumer credit reporting agency from releasing all or	658
any part of the consumer's credit report or any information	659
derived from the consumer's credit report relating to the	660
extension of credit without the express authorization of the	661
consumer.	662

(4) "Other comparable service" means a service for which a	663
receipt of delivery is provided.	664

(B) A consumer may elect to place a security freeze on the	665
consumer's credit report by making a request to a consumer credit	666
reporting agency in writing by certified mail or other comparable	667
service or by any secured electronic method authorized by the	668
consumer credit reporting agency.	669

(C) A consumer credit reporting agency shall place a	670
security freeze on a credit report not later than three business	671
days after receiving a request pursuant to division (B) of this	672
section. The consumer credit reporting agency shall send a	673
written confirmation of the security freeze to the consumer	674
within five business days of placing the security freeze and, at	675
the same time, shall provide the consumer with a unique personal	676
identification number or password. The number or password shall	677
not be the consumer's social security number.	678

(D) A consumer may allow the consumer's credit report to be	679
accessed for a specific party or period of time while a security	680
freeze is in place by contacting the consumer credit reporting	681
agency by certified mail or other comparable service, secure	682
electronic mail, or telephone and requesting that the security	683
freeze be temporarily lifted, and providing all of the following:	684

(1) Information generally considered sufficient to identify	685
the consumer;	686

(2) The unique personal identification number or password	687
provided by the consumer credit reporting agency pursuant to	688
division (C) of this section;	689

(3) The proper information regarding the third party who is	690
to receive the consumer credit report or the time period for which	691
the consumer credit report shall be available to users of the	692
credit report.	693

(E)(1) A consumer credit reporting agency that receives a	694
request in writing by certified mail or other comparable service,	695
secure electronic mail, or telephone from a consumer to	696
temporarily lift a security freeze on a credit report pursuant	697
to division (D) of this section shall comply with the request not	698
later than three business days after receiving the request.	699

(2) Except as otherwise provided in this section, a consumer	700
credit reporting agency that receives a request by secure	701
electronic mail, telephone, or another means authorized by the	702
consumer credit reporting agency from a consumer to temporarily	703
lift a security freeze on a credit report pursuant to division	704
(D) of this section shall comply with the request not later than	705
fifteen minutes after receiving the request unless any of the	706
following applies:	707

(a) The consumer fails to meet the requirements of division	708
(D) of this section.	709

(b) The consumer credit reporting agency's ability to	710
temporarily lift the security freeze within fifteen minutes is	711
prevented by an act of God, including fire, earthquakes,	712
hurricanes, storms, or similar natural disaster or phenomena;	713
unauthorized or illegal acts by a third party, including	714
terrorism, sabotage, riot, vandalism, labor strikes or disputes	715
disrupting operations, or similar occurrence; operational	716
interruption, including electrical failure, unanticipated delay in	717
equipment or replacement part delivery, computer hardware or	718
software failures inhibiting response time, or similar disruption;	719
governmental action, including emergency orders or regulations,	720
judicial or law enforcement action, or similar directives;	721
regularly scheduled maintenance, during other than normal business	722
hours of, or updates to, the consumer credit reporting agency's	723
systems; or commercially reasonable maintenance of, or repair to,	724
the consumer credit reporting agency's systems that is unexpected	725
or unscheduled.	726

(3) A consumer credit reporting agency shall temporarily	727
lift a security freeze placed on a credit report only in the	728
following cases:	729

(a) Upon consumer request pursuant to division (D) of this	730
section;	731

(b) If the credit report was frozen due to a material	732
misrepresentation of fact by the consumer. If a consumer credit	733
reporting agency intends to remove a security freeze upon a credit	734
report pursuant to division (E)(2) of this section, the consumer	735
credit reporting agency shall notify the consumer in writing at	736
least five business days prior to removing the security freeze on	737
the credit report.	738

(F) A consumer credit reporting agency, when required by the	739
"Fair Credit Reporting Act," 84 Stat. 1128 (1970), 15 U.S.C.	740
1681g(c), to provide a summary of rights, or when receiving a	741
request from a consumer for information about a security freeze,	742
shall provide the following written notice:	743

"Ohio Consumers Have the Right to Obtain a Security Freeze:

744

You may obtain a security freeze on your credit report to	745
protect your privacy and ensure that credit is not granted in your	746
name without your knowledge. You have a right to place a "security	747
freeze" on your credit report pursuant to Ohio law. The security	748
freeze will prohibit a consumer credit reporting agency from	749
releasing any information in your credit report without your	750
express authorization or approval. The security freeze is designed	751
to prevent credit, loans, and services from being approved in your	752
name without your consent. When you place a security freeze on	753
your credit report, within five business days you will be provided	754
a personal identification number or password to use if you choose	755
to remove the security freeze on your credit report or to	756
temporarily authorize the release of your credit report for a	757
specific party or parties or for a specific period of time after	758
the security freeze is in place. To provide that authorization,	759
you must contact the consumer credit reporting agency and provide	760
all of the following:	761

(a) Information generally considered sufficient to identify	762
the consumer;	763

(b) The unique personal identification number or password	764
provided by the consumer credit reporting agency;	765

(c) The proper information regarding the third party who is	766
to receive the consumer credit report or the time period for which	767
the credit report shall be available to users of the credit	768
report.	769

A consumer credit reporting agency that receives a request	770
from a consumer to temporarily lift a security freeze on a credit	771
report shall comply with the request not later than fifteen	772
minutes after receiving the request.	773

A security freeze does not apply to circumstances in which	774
you have an existing account relationship and a copy of your	775
report is requested by your existing creditor or its agents or	776
affiliates for certain types of account review, collection, fraud	777
control, or similar activities.	778

If you are actively seeking credit, you should understand	779
that the procedures involved in lifting a security freeze may slow	780
your own applications for credit. You should plan ahead and lift a	781
freeze, either completely if you are shopping around, or	782
specifically for a certain creditor, a few days before actually	783
applying for new credit."	784

(G) Except as otherwise provided in division (E) of this	785
section, a consumer credit reporting agency shall keep a security	786
freeze in place until the consumer requests that the security	787
freeze be removed. A consumer credit reporting agency shall remove	788
a security freeze within three business days of receiving a	789
request by telephone or by any other means authorized by the	790
consumer credit reporting agency for removal from the consumer	791
when the consumer provides the following:	792

(1) Information generally considered sufficient to identify	793
the consumer;	794

(2) The unique personal identification number or password	795
provided by the consumer credit reporting agency pursuant to	796
division (C) of this section.	797

(H) A consumer credit reporting agency may release a credit	798
report on which a security freeze has been placed to the	799
following:	800

(1) A person, or subsidiary, affiliate, or agent of that	801
person, or an assignee of a financial obligation owing by the	802
consumer to that person, or a prospective assignee of a financial	803
obligation owing by the consumer to that person in conjunction	804
with the proposed purchase of the financial obligation, with which	805
the consumer has or had prior to assignment an account or	806
contract, including a demand deposit account, or to whom the	807
consumer issued a negotiable instrument, for the purposes of	808
reviewing the account or collecting the financial obligation owing	809
for the account, contract, or negotiable instrument. For purposes	810
of this paragraph, "reviewing the account" includes activities	811
related to account maintenance, monitoring, credit line increases,	812
and account upgrades and enhancements.	813

(2) A subsidiary, affiliate, agent, assignee, or prospective	814
assignee of a person to whom access has been granted under	815
division (D) of this section, for purposes of facilitating the	816
extension of credit or other permissible use;	817

(3) Any state or local law enforcement agency, trial court,	818
or private collection agency acting pursuant to a court order,	819
warrant, or subpoena;	820

(4) Any federal, state, or local governmental entity, agency,	821
or instrumentality that is acting within the entity's, agency's,	822
or instrumentality's authority;	823

(5) A state or local child support enforcement agency;

824

(6) A person seeking to use the information contained in the	825
consumer's credit report for the purpose of prescreening pursuant	826
to the "Fair Credit Reporting Act," 84 Stat. 1128 (1970), 15	827
U.S.C. 1681 et seq.;	828

(7) Any person or entity administering a credit file	829
monitoring subscription service to which the consumer has	830
subscribed;	831

(8) Any person or entity providing a consumer with a copy of	832
the consumer's credit report upon the consumer's request;	833

(9) Any person or entity for use in setting or adjusting a	834
rate, adjusting a claim, or underwriting for insurance purposes;	835

(10) Any person or entity acting to investigate fraud or	836
acting to investigate or collect delinquent taxes or unpaid court	837
orders provided those responsibilities are consistent with section	838
1681b of the "Fair Credit Reporting Act," 15 U.S.C. 1681 et seq.	839

(I)(1) A consumer credit reporting agency may charge a	840
consumer a reasonable fee not to exceed five dollars for placing a	841
security freeze on that consumer's credit report. If the consumer	842
is a victim of a violation of section 2913.49 of the Revised Code,	843
the consumer credit reporting agency shall not charge a fee to	844
place a security freeze on that consumer's credit report, but that	845
consumer shall send a copy of the police report related to the	846
violation of section 2913.49 of the Revised Code to the consumer	847
credit reporting agency.	848

(2) A consumer credit reporting agency may charge a consumer	849
a reasonable fee not to exceed five dollars for removing or	850
temporarily lifting a security freeze on that consumer's credit	851
report if the consumer elects to remove or temporarily lift the	852
security freeze on the consumer's credit report for a specific	853
creditor and may charge a consumer a reasonable fee not to exceed	854
five dollars if the consumer elects to temporarily lift the	855
security freeze for a specified period of time.	856

(3) A consumer credit reporting agency may charge a	857
reasonable fee not to exceed five dollars to a consumer who fails	858
to retain the original personal identification number provided by	859
the consumer credit reporting agency and must be reissued the same	860
or a new personal identification number.	861

(J) If a security freeze is in place, a consumer credit	862
reporting agency shall not change any of the following official	863
information in a credit report without sending a written	864
confirmation of the change to the consumer within thirty days of	865
the change being posted to the consumer's file: name; date of	866
birth; social security number; or address. Written confirmation is	867
not required for technical modifications of a consumer's official	868
information, including name and street abbreviations, complete	869
spellings, or transposition of numbers or letters. In the case of	870
an address change, the written confirmation shall be sent to both	871
the new address and to the former address.	872

(K) The provisions of this section do not apply to a consumer	873
credit reporting agency that acts only as a reseller of credit	874
information by assembling and merging information contained in the	875
database of another consumer credit reporting agency or multiple	876
consumer credit reporting agencies and does not maintain a	877
permanent database of credit information from which new credit	878
reports are produced, except that the reseller of credit	879
information shall honor any security freeze placed on a credit	880
report by another consumer credit reporting agency.	881

(L) The following entities are not required to place a	882
security freeze in a credit report:	883

(1) A check services company or fraud prevention services	884
company that issues reports on incidents of fraud or	885
authorizations for the purpose of approving or processing	886
negotiable instruments, electronic funds transfers, or similar	887
methods of payments;	888

(2) A demand deposit account information service company that	889
issues reports, regarding account closures due to fraud,	890
substantial overdrafts, automated teller machine abuse, or similar	891
negative information regarding a consumer, to inquiring banks or	892
other financial institutions for use only in reviewing a consumer	893
request for a demand deposit account at the inquiring bank or	894
financial institution.	895

(M)(1) The attorney general may conduct an investigation if	896
the attorney general, based on complaints or the attorney	897
general's own inquiries, has reason to believe that a consumer	898
credit reporting agency has failed or is failing to comply with	899
this section.	900

(2) In any investigation conducted pursuant to this section,	901
the attorney general may administer oaths, subpoena witnesses,	902
adduce evidence, and subpoena the production of any book,	903
document, record, or other relevant matter.	904

(3) If the attorney general under division (M)(2) of this	905
section subpoenas the production of any relevant matter that is	906
located outside this state, the attorney general may designate a	907
representative, including an official of the state in which that	908
relevant matter is located, to inspect the relevant matter on the	909
attorney general's behalf. The attorney general may carry out	910
similar requests received from officials of other states.	911

(4) Any person who is subpoenaed to produce relevant matter	912
pursuant to division (M)(2) of this section shall make that	913
relevant matter available at a convenient location within this	914
state or the state of the representative designated under division	915
(M)(3) of this section.	916

(5) Any person who is subpoenaed as a witness or to produce	917
relevant matter pursuant to division (M)(2) of this section may	918
file in the court of common pleas of Franklin county, the county	919
in this state in which the person resides, or the county in this	920
state in which the person's principal place of business is located	921
a petition to extend for good cause shown the date on which the	922
subpoena is to be returned or to modify or quash for good cause	923
shown that subpoena. The person may file the petition at any time	924
prior to the date specified for the return of the subpoena or	925
within twenty days after the service of the subpoena, whichever is	926
earlier.	927

(6) Any person who is subpoenaed as a witness or to produce	928
relevant matter pursuant to division (M)(2) of this section shall	929
comply with the terms of the subpoena unless the court orders	930
otherwise prior to the date specified for the return of the	931
subpoena or, if applicable, that date as extended. If a person	932
fails without lawful excuse to obey a subpoena, the attorney	933
general may apply to the court of common pleas for an order that	934
does one or more of the following:	935

(a) Compels the requested discovery;

936

(b) Adjudges the person in contempt of court;

937

(c) Grants injunctive relief to restrain the person from	938
failing to comply with section 1347.12 or 1349.19 of the Revised	939
Code, whichever is applicable;	940

(d) Grants injunctive relief to preserve or restore the	941
status quo;	942

(e) Grants other relief that may be required until the person	943
obeys the subpoena.	944

(N)(1) The attorney general has the authority to bring a	945
civil action in a court of common pleas for appropriate relief	946
under this section, including a temporary restraining order,	947
preliminary or permanent injunction, and civil penalties, if it	948
appears that a consumer credit reporting agency has failed or is	949
failing to comply with this section. Upon its finding that a	950
consumer credit reporting agency has intentionally or recklessly	951
failed to comply with this section, the court shall impose a civil	952
penalty upon the consumer credit reporting agency of up to two	953
thousand five hundred dollars for each instance that the consumer	954
credit reporting agency fails to comply.	955

(2) Any civil penalty that is assessed under division (N)(1)	956
of this section shall be deposited into the consumer protection	957
enforcement fund created by section 1345.51 of the Revised Code.	958

(3) In determining the appropriate civil penalty to assess	959
under division (N)(1) of this section, the court shall consider	960
all relevant factors, including the degree of the defendant's	961
culpability, any history of prior violations of this section by	962
the defendant, the defendant's ability to pay, the effect of the	963
court's decision on the defendant's ability to continue to conduct	964
the defendant's business, and whether or not the defendant acted	965
in bad faith in failing to comply with this section.	966

(O) Any consumer credit reporting agency that is found by the	967
court to have failed to comply with this section is liable to the	968
attorney general for the attorney general's costs in conducting an	969
investigation and bringing an action under this section.	970

(P) The rights and remedies that are provided under this	971
section are in addition to any other rights or remedies that are	972
provided by law.	973

Sec. 1349.53. (A) If a consumer credit reporting agency	974
willfully fails to comply with division (C) or (J) of section	975
1349.52 of the Revised Code, the consumer may file a civil action	976
against the consumer credit reporting agency. In the civil	977
action, the consumer may recover all of the following:	978

(1) Actual damages sustained by the consumer as a result of	979
the consumer credit reporting agency's failure to comply with	980
division (C) or (J) of section 1349.52 of the Revised Code or	981
damages of not less than one hundred dollars and not more than	982
one thousand dollars, whichever is greater;	983

(2) Punitive damages;

984

(3) Court costs and reasonable attorney's fees.

985

(B) A person who obtains a consumer's credit report from a	986
consumer credit reporting agency under false pretenses or	987
knowingly without the permission of the consumer is liable to the	988
consumer credit reporting agency for actual damages sustained by	989
the consumer credit reporting agency or one thousand dollars,	990
whichever is greater.	991

(C) If a consumer credit reporting agency negligently fails	992
to comply with division (C) or (J) of section 1349.52 of the	993
Revised Code, the consumer may file a civil action against the	994
consumer credit reporting agency. In the civil action, the	995
consumer may recover all of the following:	996

(1) Actual damages sustained by the consumer as a result of	997
the consumer credit reporting agency's failure to comply with	998
division (C) or (J) of section 1349.52 of the Revised Code or as	999
a result of the consumer credit reporting agency negligently	1000
allowing another person to obtain a consumer's credit report;	1001

(2) Court costs and reasonable attorney's fees.

1002

(D) If the court finds that a civil action under division (A)	1003
or (C) of this section was brought in bad faith or for the	1004
purposes of harassment, the court shall award to the prevailing	1005
party reasonable attorney's fees in relation to the work expended	1006
in responding to the civil action.	1007

(E) A person shall bring a civil action under division (A) or	1008
(C) of this section not later than the earlier of the following:	1009

(1) Two years after the date of discovery by the plaintiff of	1010
a violation of division (C) or (J) of section 1349.52 of the	1011
Revised Code;	1012

(2) Five years after the date a violation of division (C) or	1013
(J) of section 1349.52 of the Revised Code occurs.	1014

(F) A consumer credit reporting agency is not liable in	1015
damages in a civil action brought pursuant to division (A) of this	1016
section for any damages a consumer allegedly sustains as a result	1017
of the consumer credit reporting agency's placement of a security	1018
freeze in violation of division (C) of section 1349.52 of the	1019
Revised Code on the consumer's credit report if the consumer	1020
credit reporting agency establishes as an affirmative defense	1021
that the consumer credit reporting agency made a good faith	1022
effort to comply with that division and the consumer credit	1023
reporting agency placed a security freeze on the consumer's	1024
credit report as a result of a misrepresentation of fact by	1025
another consumer.	1026

Sec. 2305.09. AnExcept as provided for in division (C) of	1027
this section, an action for any of the following causes shall be	1028
brought within four years after the cause thereof accrued:	1029

(A) For trespassing upon real property;

1030

(B) For the recovery of personal property, or for taking or	1031
detaining it;	1032

(C) For relief on the ground of fraud, except when the cause	1033
of action is a violation of section 2913.49 of the Revised Code,	1034
in which case the action shall be brought within five years after	1035
the cause thereof accrued;	1036

(D) For an injury to the rights of the plaintiff not arising	1037
on contract nor enumerated in sections 1304.35, 2305.10 to	1038
2305.12, and 2305.14 of the Revised Code;	1039

(E) For relief on the grounds of a physical or regulatory	1040
taking of real property.	1041

If the action is for trespassing under ground or injury to	1042
mines, or for the wrongful taking of personal property, the causes	1043
thereof shall not accrue until the wrongdoer is discovered; nor,	1044
if it is for fraud, until the fraud is discovered.	1045

Sec. 2901.13.  (A)(1) Except as provided in division (A)(2)	1046
or (3) of this section or as otherwise provided in this section, a	1047
prosecution shall be barred unless it is commenced within the	1048
following periods after an offense is committed:	1049

(a) For a felony, six years;

1050

(b) For a misdemeanor other than a minor misdemeanor, two	1051
years;	1052

(c) For a minor misdemeanor, six months.

1053

(2) There is no period of limitation for the prosecution of a	1054
violation of section 2903.01 or 2903.02 of the Revised Code.	1055

(3) Except as otherwise provided in divisions (B) to (H) of	1056
this section, a prosecution of any of the following offenses shall	1057
be barred unless it is commenced within twenty years after the	1058
offense is committed:	1059

(a) A violation of section 2903.03, 2903.04, 2905.01,	1060
2907.02, 2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22,	1061
2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01,	1062
2911.02, 2911.11, 2911.12, or 2917.02 of the Revised Code, a	1063
violation of section 2903.11 or 2903.12 of the Revised Code if the	1064
victim is a peace officer, a violation of section 2903.13 of the	1065
Revised Code that is a felony, or a violation of former section	1066
2907.12 of the Revised Code;	1067

(b) A conspiracy to commit, attempt to commit, or complicity	1068
in committing a violation set forth in division (A)(3)(a) of this	1069
section.	1070

(B) If(1) Except as otherwise provided in division (B)(2) of	1071
this section, if the period of limitation provided in division	1072
(A)(1) or (3) of this section has expired, prosecution shall be	1073
commenced for an offense of which an element is fraud or breach of	1074
a fiduciary duty, within one year after discovery of the offense	1075
either by an aggrieved person, or by the aggrieved person's legal	1076
representative who is not a party to the offense.	1077

(2) If the period of limitation provided in division (A)(1)	1078
or (3) of this section has expired, prosecution for a violation of	1079
section 2913.49 of the Revised Code shall be commenced within five	1080
years after discovery of the offense either by an aggrieved person	1081
or the aggrieved person's legal representative who is not a party	1082
to the offense.	1083

(C) If the period of limitation provided in division (A)(1)	1084
or (3) of this section has expired, prosecution shall be commenced	1085
for an offense involving misconduct in office by a public servant	1086
as defined in section 2921.01 of the Revised Code, at any time	1087
while the accused remains a public servant, or within two years	1088
thereafter.	1089

(D) An offense is committed when every element of the offense	1090
occurs. In the case of an offense of which an element is a	1091
continuing course of conduct, the period of limitation does not	1092
begin to run until such course of conduct or the accused's	1093
accountability for it terminates, whichever occurs first.	1094

(E) A prosecution is commenced on the date an indictment is	1095
returned or an information filed, or on the date a lawful arrest	1096
without a warrant is made, or on the date a warrant, summons,	1097
citation, or other process is issued, whichever occurs first. A	1098
prosecution is not commenced by the return of an indictment or the	1099
filing of an information unless reasonable diligence is exercised	1100
to issue and execute process on the same. A prosecution is not	1101
commenced upon issuance of a warrant, summons, citation, or other	1102
process, unless reasonable diligence is exercised to execute the	1103
same.	1104

(F) The period of limitation shall not run during any time	1105
when the corpus delicti remains undiscovered.	1106

(G) The period of limitation shall not run during any time	1107
when the accused purposely avoids prosecution. Proof that the	1108
accused departed this state or concealed the accused's identity or	1109
whereabouts is prima-facie evidence of the accused's purpose to	1110
avoid prosecution.	1111

(H) The period of limitation shall not run during any time a	1112
prosecution against the accused based on the same conduct is	1113
pending in this state, even though the indictment, information, or	1114
process which commenced the prosecution is quashed or the	1115
proceedings thereon are set aside or reversed on appeal.	1116

(I) The period of limitation for a violation of any provision	1117
of Title XXIX of the Revised Code that involves a physical or	1118
mental wound, injury, disability, or condition of a nature that	1119
reasonably indicates abuse or neglect of a child under eighteen	1120
years of age or of a mentally retarded, developmentally disabled,	1121
or physically impaired child under twenty-one years of age shall	1122
not begin to run until either of the following occurs:	1123

(1) The victim of the offense reaches the age of majority.

1124

(2) A public children services agency, or a municipal or	1125
county peace officer that is not the parent or guardian of the	1126
child, in the county in which the child resides or in which the	1127
abuse or neglect is occurring or has occurred has been notified	1128
that abuse or neglect is known, suspected, or believed to have	1129
occurred.	1130

(J) As used in this section, "peace officer" has the same	1131
meaning as in section 2935.01 of the Revised Code.	1132

Section 2.  That existing sections 125.18, 317.082, 319.28,	1133
319.54, 2305.09, and 2901.13 of the Revised Code are hereby	1134
repealed.	1135

Section 3. Sections 1 and 2 of this act shall take effect on	1136
September 1, 2008.	1137

Section 4. The Office of Criminal Justice Services shall make	1138
one-time state funding grants available to local law enforcement	1139
agencies to enable the local law enforcement agencies to develop	1140
capabilities to enforce identity fraud crimes. The Executive	1141
Director of the Criminal Justice Services shall promulgate rules	1142
for the evaluation of such grant requests and for the allocation	1143
and disbursement of such grants. The authority of the Office of	1144
Criminal Justice Services to allocate and disburse grants under	1145
this section shall expire two years after the effective date of	1146
this act.	1147