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S. B. No. 358 As IntroducedAs Introduced
| 126th General Assembly | | Regular Session | | 2005-2006 |
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Senators Goodman, Harris, Jacobson, Cates, Coughlin, Wachtmann, Austria, Spada, Stivers, Schuler, Schuring, Padgett, Gardner, Grendell, Clancy, Carey
A BILL
To amend sections 149.43, 2305.09, 2901.13, and 3705.16 and to enact sections 109.941, 149.45, 149.46, and 1349.52 of the Revised Code to allow a consumer to place a security freeze on the consumer's credit report, to specify that Social Security numbers are confidential, to specify that certain personal information is not a public record, to require a public office to redact from a document that is otherwise a public record certain personal information, to require a public office to redact Social Security numbers and other confidential information from any document that is made available online to the public through the internet, to require the Office of Criminal Justice Services to make state funding grants available to local law enforcement agencies for enforcement of identity fraud laws, to require the attorney general to support local law enforcement agencies with the enforcement of identity fraud laws, and to enact a special statute of limitations for criminal prosecutions and civil actions against identity fraud.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 149.43, 2305.09, 2901.13, and 3705.16 be amended and sections 109.941, 149.45, 149.46, and 1349.52 of the Revised Code be enacted to read as follows: Sec. 109.941. The attorney general shall cooperate with and provide technical assistance to any local law enforcement agency in the state, upon that agency's request, with respect to enforcement of identity fraud crimes.
Sec. 149.43. (A) As used in this section: (1) "Public record" means
records kept by
any
public
office, including, but not limited to, state, county,
city,
village, township, and school district units,
and records
pertaining to the delivery of educational
services by an
alternative
school in Ohio kept by a nonprofit or
for-profit
entity operating such
alternative school pursuant to
section
3313.533 of the Revised
Code. "Public record" does not
mean any of
the following: (b) Records pertaining to probation and parole proceedings or to proceedings related to the imposition of community control
sanctions and post-release control sanctions; (c) Records pertaining to actions under section 2151.85 and
division
(C) of section 2919.121 of
the Revised Code and to
appeals of actions arising under
those sections; (d) Records pertaining to adoption proceedings, including
the
contents of an adoption file maintained by the department of
health under
section 3705.12 of the Revised Code; (e) Information in a record contained in the putative father
registry
established by section 3107.062 of the Revised Code,
regardless of whether the
information is held by the department of
job and family
services or, pursuant to
section 3111.69 of the
Revised Code, the
office of child support in the
department or a
child support enforcement agency; (f) Records listed in division (A) of section 3107.42 of the
Revised Code or
specified in division (A) of section 3107.52 of
the Revised Code; (g) Trial preparation records; (h) Confidential law enforcement investigatory records; (i) Records containing information that is confidential
under
section 2710.03 or 4112.05 of the Revised Code; (j) DNA records stored in the DNA database
pursuant to
section 109.573 of the Revised Code; (k) Inmate records released by the department of
rehabilitation and
correction to
the department of youth services
or a court of record pursuant to division (E)
of section 5120.21
of the Revised Code; (l) Records maintained by the department of youth services
pertaining to
children in its custody released by the department
of youth services to the
department of rehabilitation and
correction pursuant to section 5139.05 of the
Revised Code; (m) Intellectual property records; (n) Donor profile records; (o) Records maintained by the department of job and
family
services pursuant to
section 3121.894 of the Revised Code; (p) Peace officer, firefighter, or EMT residential and
familial
information; (q) In the case of a county hospital operated
pursuant to
Chapter
339. of the Revised Code or a municipal hospital operated pursuant to Chapter 749. of the Revised Code, information that constitutes a
trade secret,
as defined in section 1333.61 of the Revised Code; (r) Information pertaining to the recreational activities of
a person under
the age of eighteen; (s) Records provided to, statements made by review board
members
during meetings of, and all work products of a child
fatality review
board acting under sections 307.621 to 307.629 of
the Revised Code, other than
the report
prepared pursuant to
section 307.626
of the Revised Code; (t) Records provided to and statements made by the
executive
director of a public children services agency or a prosecuting
attorney acting
pursuant to section
5153.171 of the Revised Code
other than the information
released
under that section; (u) Test materials, examinations, or evaluation tools used
in an
examination for licensure as a nursing home administrator
that the board of
examiners of nursing home administrators
administers under section 4751.04 of
the Revised Code or contracts
under that section with a
private or government entity to
administer; (v) Records the release of which is prohibited by state or
federal law; (w) Proprietary information of or relating to any person
that is submitted to or compiled by the Ohio venture capital
authority created under section 150.01 of the Revised Code; (x) Information reported and evaluations conducted pursuant to section 3701.072 of the Revised Code; (y) Financial statements and data any person submits for any purpose to the Ohio housing finance agency or the controlling board in connection with applying for, receiving, or accounting for financial assistance from the agency, and information that identifies any individual who benefits directly or indirectly from financial assistance from the agency; (z) Personal information. (2) "Confidential law enforcement investigatory record"
means any record that pertains to a law enforcement matter of a
criminal, quasi-criminal, civil, or administrative nature, but
only to the extent that the release of the record would create a
high probability of disclosure of any of the following: (a) The identity of a suspect who has not been charged
with
the offense to which the record pertains, or of an
information
source or witness to whom confidentiality has been
reasonably
promised; (b) Information provided by an information source or
witness
to whom confidentiality has been reasonably promised,
which
information would reasonably tend to disclose the source's or
witness's
identity; (c) Specific confidential investigatory techniques or
procedures or specific investigatory work product; (d) Information that would endanger the life or physical
safety of law enforcement personnel, a crime victim, a witness,
or
a confidential information source. (3) "Medical record" means any document or combination of
documents, except births, deaths, and the fact of admission to or
discharge from a hospital, that pertains to the medical history,
diagnosis, prognosis, or medical condition of a patient and that
is generated and maintained in the process of medical treatment. (4) "Trial preparation record" means any record that
contains information that is specifically compiled in reasonable
anticipation of, or in defense of, a civil or criminal action or
proceeding, including the independent thought processes and
personal trial preparation of an attorney. (5) "Intellectual property record" means a record,
other
than a financial or administrative record, that is produced or
collected
by or for faculty or staff of a state institution of
higher learning in the
conduct of or as a result of study or
research on an educational, commercial,
scientific, artistic,
technical, or scholarly issue, regardless of whether the
study or
research was sponsored by the institution alone or in conjunction
with
a governmental body or private concern, and that has not been
publicly
released, published, or patented. (6) "Donor profile record" means all records about donors or
potential
donors to a public institution of higher education
except the names and
reported addresses of the actual donors and
the date, amount, and conditions
of the actual donation. (7) "Peace officer, firefighter, or EMT residential and
familial
information"
means
either of the following: (a) Any information maintained in a personnel record of a
peace officer, firefighter, or EMT that
discloses any of the
following: (i) The address of the actual personal residence of a peace
officer, firefighter, or EMT, except for the state or political
subdivision in which
the peace
officer, firefighter, or EMT
resides; (ii) Information compiled from referral to or participation
in an
employee assistance program; (iii) The social security number, the residential telephone
number,
any bank account, debit card, charge card, or credit card
number, or the
emergency telephone number of, or any medical
information pertaining to, a peace officer, firefighter, or EMT; (iv) The name of any beneficiary of employment benefits,
including,
but not limited to, life insurance benefits, provided
to a peace officer, firefighter, or EMT by
the peace officer's,
firefighter's, or EMT's employer; (v) The identity and amount of any charitable or employment
benefit deduction made by the peace officer's, firefighter's, or
EMT's
employer from the
peace
officer's, firefighter's, or EMT's
compensation
unless the amount of the deduction is
required by
state
or federal
law; (vi) The name, the residential address, the name of the
employer,
the address of the employer, the social security number,
the residential
telephone number, any bank account, debit card,
charge card, or credit card
number, or the emergency telephone
number
of the spouse, a former spouse, or any child of a peace
officer, firefighter, or EMT. (b) Any record that identifies a person's occupation as a
peace
officer, firefighter, or EMT other than statements required
to
include the
disclosure of that fact
under the campaign
finance
law. As used in divisions (A)(7) and (B)(5) of this section,
"peace officer"
has the same meaning as in section 109.71 of the
Revised Code
and also includes the superintendent and troopers of
the state highway patrol;
it does not include the
sheriff of a
county or a supervisory employee who, in the absence of the
sheriff, is authorized to stand in for, exercise the authority of,
and perform
the duties of the sheriff. As used in divisions (A)(7) and (B)(5) of this section,
"firefighter" means any regular, paid or volunteer, member of a
lawfully constituted fire department of a municipal corporation,
township, fire district, or village. As used in divisions (A)(7) and (B)(5) of this section, "EMT"
means EMTs-basic, EMTs-I, and paramedics that provide emergency
medical services for a public emergency medical service
organization. "Emergency medical service organization,"
"EMT-basic," "EMT-I," and "paramedic" have the same meanings as in
section 4765.01 of the Revised Code. (8) "Information pertaining to the recreational activities
of a
person under the age of eighteen"
means information that is
kept in the ordinary course of business by a public
office, that
pertains to the recreational activities of a person under the age
of eighteen years, and that
discloses any of the following: (a) The address or telephone number of a person under the
age of
eighteen or the address or telephone number of that
person's parent, guardian,
custodian, or emergency contact person; (b) The social security number, birth date, or photographic
image
of a person under the age of eighteen; (c) Any medical record, history, or information pertaining
to a
person under the age of eighteen; (d) Any additional information sought or required about a
person
under the age of eighteen for the purpose of allowing that
person to
participate in any recreational activity conducted or
sponsored by a public
office or to use or
obtain admission
privileges to any recreational facility owned or operated by
a
public office. (9) "Community control sanction" has the same meaning as in
section 2929.01 of the Revised Code. (10) "Post-release control sanction" has the same meaning as
in section 2967.01 of the Revised Code. (11) "Redaction" means obscuring or deleting, from an item that otherwise meets the definition of a "record" in section 149.011 of the Revised Code, any personal information that is prohibited by the law of this state or the United States from being made available for public inspection or copying, or that is declared to be confidential by any such law and thereby precluded from being made available for public inspection or copying. "Redacting" means the obscuring or deleting of information of that nature from such an item. (12) "Personal information" means any of the following: (a) Social security number; (b) Driver's license number or state identification card number; (c) Account number or credit or debit card number, in combination with and linked to any required security code, access code, or password that would permit access to an individual's financial account. (B)(1) Subject to division (B)(4) of this section, all
public records shall
be promptly prepared and made
available for
inspection to any person at all reasonable times
during regular
business hours. Subject to division (B)(4) of this section,
upon
request, a public office or person
responsible for public records
shall make copies available at
cost, within a reasonable period of
time. In order to facilitate
broader access to public records,
public offices shall
maintain public records in a manner that they
can be made
available for inspection in accordance with this
division. A public office or person responsible for public records shall not make available for public inspection or copying any public record that contains any personal information until that information is redacted from the public record. When making a public record available for public inspection or copying, the public office or person responsible for public records shall notify the requester of any redaction of information pursuant to this division or make the redaction plainly visible. (2) If any person chooses to obtain a copy of a public
record in
accordance with division (B)(1) of this section,
the
public office or person responsible for the public record shall
permit
that person to
choose to have the public record duplicated
upon paper, upon the same medium
upon which the public office or
person responsible for the public record keeps
it, or upon
any
other medium upon which the public office or person responsible
for the
public record determines
that it reasonably can be
duplicated
as an integral part of the normal operations of the
public office or person
responsible for the public record. When
the person
seeking the copy makes a choice under this division,
the public office or
person responsible for the public record
shall provide a copy of it in
accordance
with the choice made by
the person seeking the copy. (3) Upon a request made in accordance with division (B)(1)
of
this section, a public office or person responsible for public
records
shall transmit a copy of a public record to any person by
United
States mail within a reasonable period of time after
receiving the
request for the
copy. The public office or person
responsible for the public record may
require the person making
the request to pay in advance the cost of postage and other
supplies used in
the mailing. Any public office
may adopt a policy and procedures that it
will follow in
transmitting, within a reasonable period of time
after receiving
a request, copies of public records by
United
States mail pursuant to this
division. A public office that
adopts a policy and procedures
under this division shall comply
with them in performing its
duties under this division. In any policy and procedures adopted under this division, a
public office may limit the number of records requested by a
person that
the office will transmit by United States mail to ten
per
month, unless the person certifies to the office in writing
that the person
does not intend to use or forward the requested
records, or the information
contained
in them, for commercial
purposes. For purposes of this division, "commercial"
shall be
narrowly construed and does not include reporting or gathering
news,
reporting or gathering information to assist citizen
oversight or
understanding of the operation or activities of
government, or nonprofit
educational research. (4) A public office or person responsible for public records
is
not required to permit a person who is incarcerated pursuant to
a
criminal conviction or a juvenile adjudication to inspect or to
obtain a copy of any public record concerning a criminal
investigation or prosecution or concerning what would be a
criminal investigation or prosecution if the subject of the
investigation or prosecution were an adult, unless the request to
inspect or to obtain a copy of the record is for the purpose of
acquiring information that is subject to release as a public
record under this section and the judge who imposed the sentence
or made the adjudication with respect to the person, or the
judge's successor in office, finds that the information sought in
the public record is necessary to support what appears to be a
justiciable claim of the person. (5) Upon written request made and signed by a journalist on
or after
December 16,
1999, a
public office, or person responsible
for public records, having custody of
the records of the agency
employing a specified peace officer, firefighter, or EMT shall
disclose
to the
journalist the address of the actual personal
residence of
the
peace
officer, firefighter, or EMT and, if the
peace officer's,
firefighter's, or EMT's spouse, former spouse,
or
child is employed by a
public office, the name and address of
the
employer of the peace
officer's, firefighter's, or EMT's spouse,
former spouse, or
child.
The
request shall include the
journalist's name and title
and the
name
and address of the
journalist's employer and shall
state
that
disclosure of the
information sought would be in the
public
interest. As used in division (B)(5) of this section, "journalist"
means a
person engaged in, connected with, or employed by any news
medium, including a
newspaper, magazine, press association, news
agency, or wire service, a radio or television station, or a
similar medium, for the purpose of gathering, processing,
transmitting, compiling, editing, or disseminating information for
the
general public. (C) If a person allegedly is aggrieved by the failure of a
public office to promptly prepare a public record and to make
it
available to the person for inspection in accordance with
division
(B) of this section, or if a person who has requested a copy of a
public record allegedly is aggrieved by the failure of a public
office or the
person
responsible for the public record to make a
copy available to
the person allegedly aggrieved in accordance
with division (B) of this section, the person allegedly aggrieved
may commence a mandamus action to obtain a judgment that orders
the public office or the person responsible for the public
record
to comply with division (B) of this section and that
awards
reasonable attorney's fees to the person that instituted
the
mandamus action. The mandamus action may be commenced in the
court of common pleas of the county in which division (B) of this
section allegedly was not complied with, in the supreme court
pursuant to its original jurisdiction under Section 2 of Article
IV, Ohio Constitution, or in the court of appeals for the
appellate district in which division (B) of this section
allegedly
was not complied with pursuant to its original
jurisdiction under
Section 3 of Article IV, Ohio Constitution. (D) Chapter 1347. of the Revised Code does not limit the
provisions of this section. (E)(1) The bureau of motor vehicles may adopt rules pursuant
to
Chapter 119. of the Revised Code to reasonably
limit the number
of bulk commercial special extraction requests made by a
person
for the same records or for updated records during a calendar
year.
The rules may include provisions for charges to be made for
bulk commercial
special
extraction requests for the actual cost of
the bureau, plus special extraction
costs, plus ten per cent. The
bureau may charge for
expenses for redacting information, the
release of which is prohibited by
law. (2) As used in divisions (B)(3) and (E)(1) of this section: (a) "Actual cost" means the cost of depleted supplies,
records
storage media costs, actual mailing and alternative
delivery costs, or other
transmitting costs, and any direct
equipment operating and maintenance costs,
including actual costs
paid to private contractors for
copying services. (b) "Bulk commercial special extraction request" means a
request
for copies of a record for information in a format other
than the format
already available, or information that cannot be
extracted without examination
of all items in a records series,
class of records, or data base by a person
who intends to use or
forward the copies for surveys, marketing, solicitation, or resale
for
commercial purposes. "Bulk commercial special extraction
request" does not
include a request by a person who gives
assurance to the bureau that the
person making the request does
not intend to use or forward the requested
copies for surveys,
marketing,
solicitation, or resale for commercial purposes. (c) "Commercial" means profit-seeking production, buying, or
selling of any good, service, or other product. (d) "Special extraction costs" means the cost of the time
spent
by the lowest paid employee competent to perform the task,
the actual amount
paid to outside private contractors employed by
the bureau, or the actual cost
incurred to create computer
programs to make the special extraction. "Special
extraction
costs" include any charges paid to a public agency for computer or
records services. (3) For purposes of divisions (E)(1)
and (2) of this
section, "commercial surveys, marketing, solicitation, or
resale for commercial purposes"
shall be narrowly construed and does not include reporting or
gathering
news, reporting or gathering information to assist
citizen oversight or
understanding of the operation or activities
of government, or nonprofit
educational research.
Sec. 149.45. A person's social security number is confidential.
Sec. 149.46. (A) No public office, or person responsible for a public office's public records, that decides to make electronic copies of any document or other record of the public office available online to the public through the internet shall do so without first redacting from that record any personal information or information that is declared to be confidential by any such law and thereby precluded from being made available for public inspection or copying. (B) As used in this section, "public record," "personal information," and "redacting" have the same meanings as in section 149.43 of the Revised Code.
Sec. 1349.52. (A) As used in this section:
(1) "Consumer reporting agency" means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties and which uses any means or facility of interstate commerce for the purpose of preparing or furnishing consumer reports.
(2) "Security freeze" means a notice placed in a consumer's credit report that prohibits a consumer reporting agency from releasing the consumer's credit report or information contained in the consumer's credit report without authorization from the consumer.
(B) A consumer may elect to place a security freeze on the consumer's credit report by making a request to a consumer reporting agency in writing by certified mail, or by making a request directly to the consumer reporting agency through a secure electronic mail connection, if an electronic mail connection is provided by the consumer reporting agency.
(C) A consumer reporting agency shall place a security freeze on a consumer report not later than five business days after receiving a request pursuant to division (B) of this section. The consumer reporting agency shall send a written confirmation of the security freeze to the consumer within five business days of placing the freeze and, at the same time, shall provide the consumer with a unique personal identification number or password, which shall not be the consumer's social security number.
(D) A consumer may allow the consumer's credit report to be accessed for a specific party or period of time while a freeze is in place by contacting the consumer reporting agency by certified mail or secure electronic mail and requesting that the freeze be temporarily lifted, and providing all of the following:
(1) Information generally considered sufficient to identify the consumer;
(2) The unique personal identification number or password provided by the consumer reporting agency pursuant to division (C) of this section;
(3) The proper information regarding the third party who is to receive the consumer report or the time period for which the consumer report shall be available to users of the consumer report.
(E) A consumer reporting agency that receives a request from a consumer to temporarily lift a freeze on a consumer credit report pursuant to division (D) of this section shall comply with the request not later than three business days after receiving the request. A consumer reporting agency shall develop procedures involving the use of telephone, fax, the internet, or other electronic media to receive and process a request from a consumer to temporarily lift a freeze on a consumer credit report in an expedited manner, with the goal of processing a request within fifteen minutes of that request. A consumer reporting agency shall remove or temporarily lift a freeze placed on a consumer credit report only in the following cases:
(1) Upon consumer request, pursuant to division (D) of this section;
(2) If the consumer credit report was frozen due to a material misrepresentation of fact by the consumer. If a consumer reporting agency intends to remove a freeze upon a consumer credit report pursuant to division (E)(2) of this section, the consumer reporting agency shall notify the consumer in writing at least five business days prior to removing the freeze on the consumer report.
(F) A consumer reporting agency, when required by the "Fair Credit Reporting Act," 84 Stat. 1128 (1970), 15 U.S.C. 1681g(c) to provide a summary of rights, or when receiving a request from a consumer for information about a security freeze, shall provide the following written notice:
"Ohio Consumers Have the Right to Obtain a Security Freeze:
You may obtain a security freeze on your credit report to protect your privacy and ensure that credit is not granted in your name without your knowledge. You have a right to place a "security freeze" on your credit report pursuant to Ohio law. The security freeze will prohibit a consumer reporting agency from releasing any information in your credit report without your express authorization or approval. The security freeze is designed to prevent credit, loans, and services from being approved in your name without your consent. When you place a security freeze on your credit report, within five business days you will be provided a personal identification number or password to use if you choose to remove the freeze on your credit report or to temporarily authorize the release of your credit report for a specific party or parties or for a specific period of time after the freeze is in place. To provide that authorization, you must contact the consumer reporting agency and provide all of the following:
(1) Information generally considered sufficient to identify the consumer;
(2) The unique personal identification number or password provided by the consumer reporting agency;
(3) The proper information regarding the third party who is to receive the consumer report or the time period for which the consumer report shall be available to users of the consumer report.
A consumer reporting agency that receives a request from a consumer to temporarily lift a freeze on a credit report shall comply with the request not later than three business days or less after receiving the request.
A security freeze does not apply to circumstances in which you have an existing account relationship and a copy of your report is requested by your existing creditor or its agents or affiliates for certain types of account review, collection, fraud control, or similar activities.
If you are actively seeking credit, you should understand that the procedures involved in lifting a security freeze may slow your own applications for credit. You should plan ahead and lift a freeze, either completely if you are shopping around, or specifically for a certain creditor, a few days before actually applying for new credit."
(G) A consumer reporting agency shall keep a security freeze in place until the consumer requests that the security freeze be removed. A consumer reporting agency shall remove a security freeze within three business days of receiving a request for removal from the consumer, when the consumer provides the following:
(1) Information generally considered sufficient to identify the consumer;
(2) The unique personal identification number or password provided by the consumer reporting agency pursuant to division (C) of this section.
(H) A consumer reporting agency may release a consumer credit report on which a security freeze has been placed to the following:
(1) A person, or subsidiary, affiliate, or agent of that person, or an assignee of a financial obligation owing by the consumer to that person, or a prospective assignee of a financial obligation owing by the consumer to that person in conjunction with the proposed purchase of the financial obligation, with which the consumer has or had prior to assignment an account or contract, including a demand deposit account, or to whom the consumer issued a negotiable instrument, for the purposes of reviewing the account or collecting the financial obligation owing for the account, contract, or negotiable instrument. For purposes of this paragraph, "reviewing the account" includes activities related to account maintenance, monitoring, credit line increases, and account upgrades and enhancements.
(2) A subsidiary, affiliate, agent, assignee, or prospective assignee of a person to whom access has been granted under division (D) of this section, for purposes of facilitating the extension of credit or other permissible use;
(3) Any state or local law enforcement agency, trial court, or private collection agency acting pursuant to a court order, warrant, or subpoena;
(4) Any federal, state, or local governmental entity, agency, or instrumentality that is acting within the entity's, agency's, or instrumentality's authority;
(5) A state or local child support enforcement agency;
(6) A person seeking to use the information contained in the consumer's credit report for the purpose of prescreening pursuant to the "Fair Credit Reporting Act," 84 Stat. 1128 (1970), 15 U.S.C. 1681 et seq.;
(7) Any person or entity administering a credit file monitoring subscription service to which the consumer has subscribed;
(8) Any person or entity providing a consumer with a copy of the consumer's credit report upon the consumer's request.
(I) A consumer reporting agency shall not charge a consumer any fee to place a security freeze on that consumer's credit report, but may charge a reasonable fee, not to exceed five dollars, to a consumer who elects to remove or temporarily lift a security freeze on that consumer's credit report and may charge a reasonable fee, not to exceed five dollars to a consumer who fails to retain the original personal identification number provided by the consumer reporting agency and must be reissued the same or a new personal identification number.
(J) If a security freeze is in place, a consumer reporting agency shall not change any of the following official information in a consumer credit report without sending a written confirmation of the change to the consumer within thirty days of the change being posted to the consumer's file: name; date of birth; social security number; or address. Written confirmation is not required for technical modifications of a consumer's official information, including name and street abbreviations, complete spellings, or transposition of numbers or letters. In the case of an address change, the written confirmation shall be sent to both the new address and to the former address.
(K) The provisions of this section do not apply to a consumer reporting agency that acts only as a reseller of credit information by assembling and merging information contained in the database of another consumer reporting agency or multiple consumer reporting agencies and does not maintain a permanent database of credit information from which new consumer reports are produced, except that the reseller of credit information shall honor any security freeze placed on a consumer report by another consumer reporting agency.
(L) The following entities are not required to place a security freeze in a consumer report:
(1) A check services company or fraud prevention services company that issues reports on incidents of fraud or authorizations for the purpose of approving or processing negotiable instruments, electronic funds transfers, or similar methods of payments;
(2) A demand deposit account information service company that issues reports, regarding account closures due to fraud, substantial overdrafts, automated teller machine abuse, or similar negative information regarding a consumer, to inquiring banks or other financial institutions for use only in reviewing a consumer request for a demand deposit account at the inquiring bank or financial institution.
(M)(1) The attorney general may conduct an investigation if the attorney general, based on complaints or the attorney general's own inquiries, has reason to believe that a consumer reporting agency has failed or is failing to comply with this section.
(2) In any investigation conducted pursuant to this section, the attorney general may administer oaths, subpoena witnesses, adduce evidence, and subpoena the production of any book, document, record, or other relevant matter.
(3) If the attorney general under division (M)(2) of this section subpoenas the production of any relevant matter that is located outside this state, the attorney general may designate a representative, including an official of the state in which that relevant matter is located, to inspect the relevant matter on the attorney general's behalf. The attorney general may carry out similar requests received from officials of other states.
(4) Any person who is subpoenaed to produce relevant matter pursuant to division (M)(2) of this section shall make that relevant matter available at a convenient location within this state or the state of the representative designated under division (M)(3) of this section.
(5) Any person who is subpoenaed as a witness or to produce relevant matter pursuant to division (M)(2) of this section may file in the court of common pleas of Franklin county, the county in this state in which the person resides, or the county in this state in which the person's principal place of business is located a petition to extend for good cause shown the date on which the subpoena is to be returned or to modify or quash for good cause shown that subpoena. The person may file the petition at any time prior to the date specified for the return of the subpoena or within twenty days after the service of the subpoena, whichever is earlier.
(6) Any person who is subpoenaed as a witness or to produce relevant matter pursuant to division (M)(2) of this section shall comply with the terms of the subpoena unless the court orders otherwise prior to the date specified for the return of the subpoena or, if applicable, that date as extended. If a person fails without lawful excuse to obey a subpoena, the attorney general may apply to the court of common pleas for an order that does one or more of the following: (a) Compels the requested discovery;
(b) Adjudges the person in contempt of court;
(c) Grants injunctive relief to restrain the person from failing to comply with section 1347.12 or 1349.19 of the Revised Code, whichever is applicable;
(d) Grants injunctive relief to preserve or restore the status quo;
(e) Grants other relief that may be required until the person obeys the subpoena. (N)(1) The attorney general has the authority to bring a civil action in a court of common pleas for appropriate relief under this section, including a temporary restraining order, preliminary or permanent injunction, and civil penalties, if it appears that a consumer reporting agency has failed or is failing to comply with this section. Upon its finding that a consumer reporting agency has intentionally or recklessly failed to comply with this section, the court shall impose a civil penalty upon the consumer reporting agency as follows: (a) A civil penalty of up to one thousand dollars for each of the first sixty days that the consumer reporting agency fails to comply; (b) A civil penalty of up to five thousand dollars for each day commencing with the sixty-first day and continuing through the ninetieth day that the consumer reporting agency fails to comply; (c) A civil penalty of up to ten thousand dollars for each day commencing with the ninety-first day that the consumer reporting agency fails to comply.
(2) Any civil penalty that is assessed under division (N)(1) of this section shall be deposited into the consumer protection enforcement fund created by section 1345.51 of the Revised Code. (3) In determining the appropriate civil penalty to assess under division (N)(1) of this section, the court shall consider all relevant factors, including whether or not the defendant acted in bad faith in failing to comply with this section.
(O) Any consumer reporting agency that is found by the court to have failed to comply with this section is liable to the attorney general for the attorney general's costs in conducting an investigation and bringing an action under this section.
(P) The rights and remedies that are provided under this section are in addition to any other rights or remedies that are provided by law.
Sec. 2305.09. An Except as provided for in division (C) of this section, an action for any of the following causes shall be brought
within four years after the cause thereof accrued: (A) For trespassing upon real property; (B) For the recovery of personal property, or for taking or detaining it; (C) For relief on the ground of fraud, except when the cause of action is a violation of section 2913.49 of the Revised Code, in which case the action shall be brought within five years after the cause thereof accrued; (D) For an injury to the rights of the plaintiff not arising on contract nor
enumerated in sections 1304.35, 2305.10 to 2305.12, and 2305.14 of the Revised
Code; (E) For relief on the grounds of a physical or regulatory taking of real property. If the action is for trespassing under ground or injury to mines, or for the
wrongful taking of personal property, the causes thereof shall not accrue
until the wrongdoer is discovered; nor, if it is for fraud, until the fraud is
discovered.
Sec. 2901.13. (A)(1) Except as provided in
division (A)(2) or (3) of this section or as otherwise provided
in this
section, a prosecution shall be barred unless it is commenced
within the following periods after an offense is committed: (a) For a felony,
six years; (b) For a misdemeanor other than a minor misdemeanor, two
years; (c) For a minor misdemeanor, six months. (2) There is no period of limitation for the prosecution of
a violation of section 2903.01 or 2903.02 of the Revised Code. (3) Except as otherwise provided in divisions (B) to (H)
of this section, a prosecution of any of the following offenses shall be
barred unless
it is commenced within twenty years after the offense is committed: (a) A violation of section 2903.03, 2903.04, 2905.01, 2907.02,
2907.03, 2907.04, 2907.05, 2907.21, 2909.02, 2909.22, 2909.23, 2909.24, 2909.26, 2909.27, 2909.28, 2909.29, 2911.01, 2911.02, 2911.11,
2911.12, or
2917.02 of the Revised Code, a violation of
section 2903.11 or 2903.12 of the Revised Code if the victim is
a peace officer, a violation of section 2903.13 of the Revised Code that is a
felony, or a
violation of former section 2907.12 of the Revised Code; (b) A conspiracy to commit, attempt to commit, or complicity in
committing a violation set forth in division (A)(3)(a)
of this section. (B) If (1) Except as otherwise provided in division (B)(2) of this section, if the period of limitation provided in division (A)(1)
or (3)
of this section has expired, prosecution shall be commenced for
an offense of which an element is fraud or breach of a fiduciary
duty, within one year after discovery of the offense either by an
aggrieved person, or by the aggrieved person's legal
representative who is not
a party to the offense.
(2) If the period of limitation provided in division (A) of this section has expired, prosecution for a violation of section 2913.49 of the Revised Code shall be commenced within five years after discovery of the offense either by an aggrieved person or the aggrieved person's legal representative who is not a party to the offense. (C) If the period of limitation provided in division (A)(1)
or (3) of this section has expired, prosecution shall be
commenced for
an offense involving misconduct in office by a public servant as
defined in section 2921.01 of the Revised Code, at any time while
the accused remains a public servant, or within two years
thereafter. (D) An offense is committed when every element of the
offense occurs. In the case of an offense of which an element is
a continuing course of conduct, the period of limitation does not
begin to run until such course of conduct or the accused's
accountability for it terminates, whichever occurs first. (E) A prosecution is commenced on the date an indictment
is returned or an information filed, or on the date a lawful
arrest without a warrant is made, or on the date a warrant,
summons, citation, or other process is issued, whichever occurs
first. A prosecution is not commenced by the return of an
indictment or the filing of an information unless reasonable
diligence is exercised to issue and execute process on the same.
A prosecution is not commenced upon issuance of a warrant,
summons, citation, or other process, unless reasonable diligence
is exercised to execute the same. (F) The period of limitation shall not run during any time
when the corpus delicti remains undiscovered. (G) The period of limitation shall not run during any time
when the accused purposely avoids prosecution. Proof that the
accused departed this state or concealed
the accused's
identity or whereabouts is prima-facie evidence of the
accused's purpose to
avoid prosecution. (H) The period of limitation shall not run during any time
a prosecution against the accused based on the same conduct is
pending in this state, even though the indictment, information,
or process which commenced the prosecution is quashed or the
proceedings thereon are set aside or reversed on appeal. (I) The period of limitation for a violation of any provision of Title XXIX of the Revised Code that involves a physical or mental wound, injury, disability, or condition of a nature that reasonably indicates abuse or neglect of a child under eighteen years of age or of a mentally retarded, developmentally disabled, or physically impaired child under twenty-one years of age shall not begin to run until either of the following occurs: (1) The victim of the offense reaches the age of majority. (2) A public children services agency, or a municipal or county peace officer that is not the parent or guardian of the child, in the county in which the child resides or in which the abuse or neglect is occurring or has occurred has been notified that abuse or neglect is known, suspected, or believed to have occurred. (J) As used in this section, "peace officer" has the same meaning
as in section 2935.01 of the Revised Code.
Sec. 3705.16. (A) Each death or fetal death that occurs in
this state shall be registered with the local registrar of vital
statistics of the district in which the death or fetal death
occurred, by the funeral director or other person in charge of the
final disposition of the remains. The personal and statistical
information in the death or fetal death certificate shall be
obtained from the best qualified persons or sources available, by
the funeral director or other person in charge of the final
disposition of the remains. The statement of facts relating to
the disposition of the body and information relative to the armed
services referred to in section 3705.19 of the Revised Code shall
be signed by the funeral director or other person in charge of
the final disposition of the remains. (B) The funeral director or
other person in charge of the final disposition of the remains
shall present the death or fetal death certificate to the attending physician of the decedent, the
coroner, or the medical examiner, as appropriate for certification of the cause of death. If a death or fetal death occurs under any circumstances mentioned in section 313.12 of the Revised Code, the coroner in the county in which the death occurs, or a deputy coroner, medical examiner, or deputy medical examiner serving in an equivalent capacity, shall certify the cause of death unless that death was reported to the coroner, deputy coroner, medical examiner, or deputy medical examiner and that person, after a preliminary examination, declined to assert jurisdiction with respect to the death or fetal death. A physician other than the coroner in the county in which a death or fetal death occurs, or a deputy coroner, medical examiner, or deputy medical examiner serving in an equivalent capacity, may certify only those deaths that occur under natural circumstances. The medical
certificate of death shall be completed and signed by the
physician who attended the decedent or by the coroner or medical examiner, as appropriate, within
forty-eight hours after the death or fetal death. A coroner or medical examiner may satisfy the
requirement of signing a medical certificate showing the cause of
death or fetal death as pending either by stamping it with a stamp of the
coroner's or medical examiner's
signature or by signing it in the coroner's or medical examiner's own hand, but
the coroner or medical examiner shall sign any other medical certificate of death or supplementary medical certification in the
coroner's or medical examiner's own hand. (C) Any death certificate registered pursuant to this
section
shall contain the social security number of the decedent, if available. A
social security
number obtained under this section is a public record under
section 149.43 of the Revised
Code.
Section 2. That existing sections 149.43, 2305.09, 2901.13, and 3705.16 of the Revised Code are hereby repealed.
Section 3. The Office of Criminal Justice Services shall make one-time state funding grants available to local law enforcement agencies to enable the local law enforcement agencies to develop capabilities to enforce identity fraud crimes. The Executive Director of the Office of Criminal Justice Services shall promulgate rules for the evaluation of such grant requests and for the allocation and disbursement of such grants. The authority of the Office of Criminal Justice Services to allocate and disburse grants under this section shall expire two years after the effective date of this act. Section 4. Section 149.43 of the Revised Code is presented in
this act as a composite of the section as amended by Am. Sub. H.B. 303, Am. Sub. H.B. 431, and Sub. S.B. 222, all of
the 125th General Assembly. The General Assembly, applying the
principle stated in division (B) of section 1.52 of the Revised
Code that amendments are to be harmonized if reasonably capable of
simultaneous operation, finds that the composite is the resulting
version of the section in effect prior to the effective date of
the section as presented in this act.
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