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The online versions of legislation provided on this website are not official. Enrolled bills are the final version passed by the Ohio General Assembly and presented to the Governor for signature. The official version of acts signed by the Governor are available from the Secretary of State's Office in the Continental Plaza, 180 East Broad St., Columbus.
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H. B. No. 325 As IntroducedAs Introduced
| 128th General Assembly | | Regular Session | | 2009-2010 |
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A BILL
To amend sections 109.572, 135.68, 1181.21, 1181.25,
1321.02, 1321.12, 1321.53, 1321.59, 1321.99,
1343.01, 1345.01, 2307.61, and 4712.01, and to
repeal sections 1321.35 to 1321.42, 1321.421,
1321.422, 1321.43 to 1321.46, 1321.461, 1321.47,
and 1321.48 of the Revised Code to repeal the
Short-Term Loan Act and to prohibit payday lending
by entities other than traditional financial
institutions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.572, 135.68, 1181.21, 1181.25,
1321.02, 1321.12, 1321.53, 1321.59, 1321.99, 1343.01, 1345.01,
2307.61, and 4712.01 be amended to read as follows:
Sec. 109.572. (A)(1) Upon receipt of a request pursuant to
section 121.08, 3301.32, 3301.541, or 3319.39
of the Revised
Code, a completed form prescribed pursuant to
division (C)(1) of
this section, and a set of fingerprint
impressions obtained in
the manner described in division (C)(2) of
this section, the
superintendent of the bureau of criminal
identification and
investigation shall conduct a criminal records
check in the
manner described in division (B) of this section to
determine
whether any information exists that indicates that the
person who
is the subject of the request previously has been
convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2911.01,
2911.02, 2911.11, 2911.12, 2919.12, 2919.22, 2919.24, 2919.25,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05,
2925.06, or 3716.11 of the Revised Code, felonious sexual
penetration in violation of former section 2907.12 of the Revised
Code, a violation of section 2905.04 of the Revised Code as it
existed prior to July 1, 1996, a violation of section 2919.23 of
the Revised Code that would have been a violation of section
2905.04 of the Revised Code as it existed prior to July 1, 1996,
had the violation been committed prior to that date, or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(1)(a) of
this section.
(2) On receipt of a request pursuant to section 5123.081 of
the Revised Code with respect to an applicant for employment in
any position with the department of
developmental disabilities,
pursuant to section 5126.28 of the
Revised Code with respect to
an applicant for employment in any
position with a county board
of
developmental disabilities, or pursuant to section 5126.281 of
the
Revised Code with respect to an applicant for employment in a
direct services position with an entity contracting with a county
board for employment, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2903.341, 2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03,
2907.04, 2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12,
2907.21, 2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12,
2919.22, 2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02,
2925.03, or 3716.11 of the Revised Code;
(b) An existing or former municipal ordinance or law of this
state, any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(2)(a) of
this section.
(3) On receipt of a request pursuant to section 173.27,
173.394, 3712.09, 3721.121, or 3722.151 of the Revised Code, a
completed form prescribed pursuant to division (C)(1) of this
section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check with respect
to any person who has applied for employment in a position for
which a criminal records check is required by those sections. The
superintendent shall conduct the criminal records check in the
manner described in division (B) of this section to determine
whether any information exists that indicates that the person who
is the subject of the request previously has been convicted of or
pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(3)(a) of this section.
(4) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency as a person responsible for the care,
custody, or control of a child, a completed form prescribed
pursuant to division (C)(1) of this section, and a set of
fingerprint impressions obtained in the manner described in
division (C)(2) of this section, the superintendent of the bureau
of criminal identification and investigation shall conduct a
criminal records check. The superintendent shall conduct the
criminal records check in the manner described in division (B) of
this section to determine whether any information exists that
indicates that the person who is the subject of the request
previously has been convicted of or pleaded guilty to any of the
following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.04, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.21,
2907.22, 2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322,
2907.323, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code or a
violation of section 2925.11 of the Revised Code that is not a
minor drug possession offense;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(4)(a) of this section.
(5) On receipt of a request pursuant to section 5111.032,
5111.033, or 5111.034 of the Revised Code, a completed form
prescribed pursuant
to division (C)(1) of this section, and a set
of fingerprint
impressions obtained in the manner described in
division (C)(2) of
this section, the superintendent of the bureau
of criminal
identification and investigation shall conduct a
criminal records
check. The superintendent shall conduct the
criminal records check
in the manner described in division (B) of
this
section to
determine whether any information
exists that
indicates that the
person who is the subject of the request
previously has been
convicted of, has pleaded guilty to, or has
been found eligible
for intervention in lieu of conviction for
any of
the following, regardless of the date of the conviction,
the date of entry of the guilty plea, or the date the person was
found eligible for intervention in lieu of conviction:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04,
2903.041, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16,
2903.21, 2903.211, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05,
2905.11, 2905.12, 2907.02,
2907.03, 2907.04, 2907.05, 2907.06,
2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23, 2907.24,
2907.25, 2907.31, 2907.32,
2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2909.04, 2909.05, 2909.22, 2909.23, 2909.24, 2911.01,
2911.02, 2911.11, 2911.12,
2911.13, 2913.02, 2913.03, 2913.04,
2913.05, 2913.11, 2913.21, 2913.31, 2913.32,
2913.40, 2913.41,
2913.42, 2913.43, 2913.44, 2913.441, 2913.45, 2913.46, 2913.47,
2913.48, 2913.49, 2913.51, 2917.01, 2917.02, 2917.03, 2917.11,
2917.31,
2919.12, 2919.22, 2919.23, 2919.24, 2919.25, 2921.03,
2921.11, 2921.13, 2921.34, 2921.35, 2921.36, 2923.01, 2923.02,
2923.03,
2923.12, 2923.13, 2923.161, 2923.32, 2925.02, 2925.03,
2925.04,
2925.05, 2925.06, 2925.11, 2925.13, 2925.14, 2925.22,
2925.23, 2927.12, or
3716.11 of the Revised Code, felonious
sexual penetration in
violation of former section 2907.12 of the
Revised Code, a
violation of section 2905.04 of the Revised Code
as it existed
prior to July 1, 1996, a violation of section
2919.23 of the
Revised Code that would have been a violation of
section 2905.04
of the Revised Code as it existed prior to July
1, 1996, had the
violation been committed prior to that date;
(b) A violation of an existing or former municipal ordinance
or law of this state, any other state,
or the United States that
is substantially equivalent to any of
the offenses listed in
division (A)(5)(a) of this section.
(6) On receipt of a request pursuant to section 3701.881 of
the Revised Code with respect to an applicant for employment with
a home health agency in a position that involves providing direct
care to an older adult, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check. The superintendent shall conduct the criminal records check
in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.11, 2905.12, 2907.02, 2907.03, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.12, 2907.25, 2907.31,
2907.32, 2907.321, 2907.322, 2907.323, 2911.01, 2911.02, 2911.11,
2911.12, 2911.13, 2913.02, 2913.03, 2913.04, 2913.11, 2913.21,
2913.31, 2913.40, 2913.43, 2913.47, 2913.51, 2919.25, 2921.36,
2923.12, 2923.13, 2923.161, 2925.02, 2925.03, 2925.11, 2925.13,
2925.22, 2925.23, or 3716.11 of the Revised Code;
(b) An existing or former law of this state, any other state,
or the United States that is substantially equivalent to any of
the offenses listed in division (A)(6)(a) of this section.
(7) When conducting a criminal records check upon a request
pursuant to section 3319.39 of the Revised Code for an applicant
who is a teacher, in addition to the determination made under
division (A)(1) of this section, the superintendent shall
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any offense specified in section
3319.31 of the Revised Code.
(8) On receipt of a request pursuant to section 2151.86 of
the Revised
Code, a completed form prescribed pursuant to
division (C)(1) of
this section, and a set of fingerprint
impressions obtained in the
manner described in division (C)(2)
of this section, the
superintendent of the bureau of criminal
identification and
investigation shall conduct a criminal records
check in the manner
described in division (B) of this section to
determine whether any
information exists that indicates that the
person who is the
subject of the request previously has been
convicted of or pleaded
guilty to any of the following:
(a) A violation of section 959.13, 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.15, 2903.16, 2903.21,
2903.211, 2903.22, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02,
2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09,
2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321,
2907.322, 2907.323, 2909.02,
2909.03, 2909.22, 2909.23, 2909.24,
2911.01, 2911.02, 2911.11, 2911.12, 2913.49, 2917.01, 2917.02,
2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161,
2925.02, 2925.03,
2925.04, 2925.05, 2925.06, 2927.12, or 3716.11
of the Revised Code, a
violation of section 2905.04 of the
Revised Code as it existed
prior to July 1, 1996, a violation of
section 2919.23 of the
Revised Code that would have been a
violation of section 2905.04
of the Revised Code as it existed
prior to July 1, 1996, had the
violation been committed prior to
that date, a violation of
section 2925.11 of the Revised Code
that is not a minor drug
possession offense, two or more OVI or
OVUAC violations
committed within the three years immediately
preceding the
submission of the application or petition that is
the basis of the
request, or felonious sexual penetration in
violation
of former section 2907.12 of the Revised Code;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(8)(a) of
this section.
(9) Upon receipt
of a request
pursuant to section 5104.012
or 5104.013 of the
Revised Code, a completed
form prescribed
pursuant to division
(C)(1) of this section, and a
set of
fingerprint impressions
obtained in the manner described in
division (C)(2) of this
section, the superintendent of the bureau
of criminal
identification and investigation shall conduct a
criminal records
check in the manner described in division (B) of
this section to
determine whether any information exists that
indicates that the
person who is the subject of the request has
been convicted of or
pleaded guilty
to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.22,
2903.34, 2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04,
2907.05, 2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22,
2907.23, 2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323,
2911.01, 2911.02, 2911.11, 2911.12, 2913.02, 2913.03, 2913.04,
2913.041, 2913.05, 2913.06, 2913.11, 2913.21, 2913.31, 2913.32,
2913.33, 2913.34, 2913.40, 2913.41, 2913.42, 2913.43, 2913.44,
2913.441, 2913.45, 2913.46, 2913.47, 2913.48, 2913.49, 2919.12,
2919.22, 2919.24, 2919.25, 2921.11,
2921.13, 2923.01, 2923.12,
2923.13, 2923.161, 2925.02, 2925.03, 2925.04, 2925.05, 2925.06, or
3716.11 of the Revised Code, felonious sexual penetration in
violation of former section 2907.12 of the Revised Code, a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, a violation of section 2919.23 of the
Revised Code that would have been a violation of section 2905.04
of the Revised Code as it existed prior to July 1, 1996, had the
violation been committed prior to that date, a violation of
section 2925.11 of the Revised Code that is not a minor drug
possession offense, a violation of section
2923.02 or 2923.03 of
the Revised Code that relates to a crime
specified in this
division,
or a second
violation of section 4511.19 of the
Revised Code
within five
years of the date of application for
licensure or
certification.
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses or violations described in
division (A)(9)(a) of this section.
(10) Upon receipt of a request pursuant to section 5153.111
of the Revised Code, a completed form prescribed pursuant to
division (C)(1) of this section, and a set of fingerprint
impressions obtained in the manner described in division (C)(2) of
this section, the superintendent of the bureau of criminal
identification and investigation shall conduct a criminal records
check in the manner described in division (B) of this section to
determine whether any information exists that indicates that the
person who is the subject of the request previously has been
convicted of or pleaded guilty to any of the following:
(a) A violation of section 2903.01, 2903.02, 2903.03,
2903.04, 2903.11, 2903.12, 2903.13, 2903.16, 2903.21, 2903.34,
2905.01, 2905.02, 2905.05, 2907.02, 2907.03, 2907.04, 2907.05,
2907.06, 2907.07, 2907.08, 2907.09, 2907.21, 2907.22, 2907.23,
2907.25, 2907.31, 2907.32, 2907.321, 2907.322, 2907.323, 2909.02,
2909.03, 2911.01, 2911.02, 2911.11, 2911.12, 2919.12, 2919.22,
2919.24, 2919.25, 2923.12, 2923.13, 2923.161, 2925.02, 2925.03,
2925.04, 2925.05, 2925.06, or 3716.11 of the Revised Code,
felonious sexual penetration in violation of former section
2907.12 of the Revised Code, a violation of section 2905.04 of the
Revised Code as it existed prior to July 1, 1996, a violation of
section 2919.23 of the Revised Code that would have been a
violation of section 2905.04 of the Revised Code as it existed
prior to July 1, 1996, had the violation been committed prior to
that date, or a violation of section 2925.11 of the Revised Code
that is not a minor drug possession offense;
(b) A violation of an existing or former law of this state,
any other state, or the United States that is substantially
equivalent to any of the offenses listed in division (A)(10)(a) of
this section.
(11) On receipt of a request for a criminal records check
from an individual pursuant to section 4749.03 or 4749.06 of the
Revised Code, accompanied by a completed copy of the form
prescribed in division (C)(1) of this section and a set of
fingerprint impressions obtained in a manner described in division
(C)(2) of this section, the superintendent of the bureau of
criminal identification and investigation shall conduct a criminal
records check in the manner described in division (B) of this
section to determine whether any information exists indicating
that the person who is the subject of the request has been
convicted of or pleaded guilty to a felony in this state or in any
other state. If the individual indicates that a firearm will be
carried in the course of business, the superintendent shall
require information from the federal bureau of investigation as
described in division (B)(2) of this section. The superintendent
shall report the findings of the criminal records check and any
information the federal bureau of investigation provides to the
director of public safety.
(12) On receipt of a request pursuant to section 1321.37,
1321.53, 1321.531,
1322.03,
1322.031, or 4763.05 of the Revised
Code, a completed
form
prescribed pursuant to division (C)(1)
of this section, and
a set
of fingerprint impressions obtained
in the manner described
in
division (C)(2) of this section, the
superintendent of the
bureau
of criminal identification and
investigation shall conduct
a
criminal records check with
respect to any person who has
applied
for a license, permit, or
certification from the
department of
commerce or a division in
the department. The
superintendent shall
conduct the criminal
records check in the
manner described in
division (B) of this
section to determine
whether any information
exists that
indicates that the person who
is the subject of the
request
previously has been convicted of or
pleaded guilty to any
of
the following: a violation of section
2913.02, 2913.11,
2913.31,
2913.51, or 2925.03 of the Revised
Code; any other
criminal
offense involving theft, receiving
stolen property,
embezzlement, forgery, fraud, passing bad
checks, money
laundering, or drug trafficking, or any criminal
offense
involving
money or securities, as set forth in Chapters
2909.,
2911., 2913.,
2915., 2921., 2923., and 2925. of the
Revised
Code; or any
existing or former law of this state, any
other
state, or the
United States that is substantially
equivalent to
those offenses.
(13) On receipt of a request for a criminal records check
from the treasurer of state under section 113.041 of the Revised
Code or
from an individual under section 4701.08,
4715.101,
4717.061, 4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28, 4731.081, 4731.15, 4731.171, 4731.222,
4731.281,
4731.296, 4731.531, 4732.091, 4734.202, 4740.061,
4741.10,
4755.70, 4757.101, 4759.061, 4760.032, 4760.06,
4761.051,
4762.031, 4762.06, or 4779.091 of the Revised Code,
accompanied
by
a completed form prescribed under division (C)(1)
of this
section
and a set of fingerprint impressions obtained in
the
manner
described in division (C)(2) of this section, the
superintendent
of the bureau of criminal identification and
investigation shall
conduct a criminal records check in the
manner described in
division (B) of this section to determine
whether any information
exists that indicates that the person who
is the subject of the
request has been convicted of or pleaded
guilty to any criminal
offense in this state or any other state.
The superintendent shall
send the results of a check requested
under section 113.041 of the Revised Code to the treasurer of
state and shall send the results of a check requested under any of
the other listed sections to the licensing board specified by the
individual in the request.
(14) On receipt of a request pursuant to section 1121.23,
1155.03, 1163.05, 1315.141, 1733.47, or 1761.26 of the Revised
Code, a completed form prescribed pursuant to division (C)(1) of
this section, and a set of fingerprint impressions obtained in the
manner described in division (C)(2) of this section, the
superintendent of the bureau of criminal identification and
investigation shall conduct a criminal records check in the manner
described in division (B) of this section to determine whether any
information exists that indicates that the person who is the
subject of the request previously has been convicted of or pleaded
guilty to any criminal offense under any existing or former law of
this state, any other state, or the United States.
(15) Not later than thirty days after the date the
superintendent receives a request of a type described in
division
(A)(1), (2), (3), (4), (5), (6), (7), (8), (9), (10),
(11),
(12), or (14) of this section, the completed form, and
the
fingerprint
impressions, the superintendent shall send the
person,
board, or
entity that made the request any information,
other than
information the dissemination of which is prohibited
by federal
law, the superintendent determines exists with respect
to the
person who is the subject of the request that indicates
that the
person previously has been convicted of or pleaded
guilty to any
offense listed or described in division (A)(1),
(2), (3), (4),
(5), (6), (7), (8), (9), (10), (11), (12), or
(14) of this section, as
appropriate. The superintendent shall
send the person, board, or
entity that made the request a copy of
the list of offenses
specified in division (A)(1), (2), (3), (4),
(5), (6), (7), (8),
(9), (10), (11), (12), or (14) of this
section, as appropriate. If the
request was made under section
3701.881 of the Revised Code with
regard to an applicant who may
be both responsible for the care,
custody, or control of a child
and involved in providing direct
care to an older adult, the
superintendent shall provide a list of
the offenses specified in
divisions (A)(4) and (6) of this
section.
Not later than thirty days after the superintendent receives
a request for a criminal records check pursuant to section 113.041
of the Revised Code, the completed form, and the fingerprint
impressions, the superintendent shall send the treasurer of state
any information, other than information the dissemination of which
is prohibited by federal law, the superintendent determines exist
with respect to the person who is the subject of the request that
indicates that the person previously has been convicted of or
pleaded guilty to any criminal offense in this state or any other
state.
(B) The superintendent shall conduct any criminal records
check requested under section 113.041, 121.08, 173.27, 173.394,
1121.23, 1155.03, 1163.05, 1315.141,
1321.53, 1321.531, 1322.03,
1322.031, 1733.47,
1761.26, 2151.86, 3301.32, 3301.541, 3319.39,
3701.881,
3712.09,
3721.121, 3722.151, 4701.08, 4715.101,
4717.061,
4725.121,
4725.501, 4729.071, 4730.101, 4730.14,
4730.28,
4731.081,
4731.15, 4731.171, 4731.222, 4731.281,
4731.296,
4731.531,
4732.091, 4734.202, 4740.061, 4741.10,
4749.03,
4749.06,
4755.70, 4757.101, 4759.061, 4760.032,
4760.06,
4761.051,
4762.031, 4762.06, 4763.05, 4779.091,
5104.012,
5104.013,
5111.032, 5111.033, 5111.034, 5123.081,
5126.28,
5126.281, or
5153.111 of the Revised Code as follows:
(1) The superintendent shall review or cause to be reviewed
any relevant information gathered and compiled by the bureau under
division (A) of section 109.57 of the Revised Code that relates to
the person who is the subject of the request, including, if the
criminal records check was requested under section 113.041,
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,
1321.37, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,
2151.86, 3301.32,
3301.541,
3319.39, 3701.881, 3712.09,
3721.121, 3722.151,
4749.03, 4749.06,
4763.05, 5104.012,
5104.013, 5111.032,
5111.033, 5111.034,
5123.081, 5126.28,
5126.281, or 5153.111 of
the Revised Code, any
relevant
information contained in records
that have been sealed
under
section 2953.32 of the Revised Code;
(2) If the request received by the superintendent asks for
information from the federal bureau of investigation, the
superintendent shall request from the federal bureau of
investigation any information it has with respect to the person
who is the subject of the request, including fingerprint-based
checks of national crime information databases as described in 42
U.S.C. 671 if the request is made pursuant to section 2151.86,
5104.012, or 5104.013 of the Revised Code or if any other Revised
Code section requires fingerprint-based checks of that nature, and
shall review or cause to be
reviewed any information the
superintendent receives from that
bureau.
If a request under
section 3319.39 of the Revised Code asks only for information from
the federal bureau of investigation, the superintendent shall not
conduct the review prescribed by division (B)(1) of this section.
(3) The superintendent or the superintendent's designee may
request criminal history records from other states or the federal
government pursuant to the national crime prevention and privacy
compact set forth in section 109.571 of the Revised Code.
(C)(1) The superintendent shall prescribe a form to obtain
the information necessary to conduct a criminal records check from
any person for whom a criminal records check is requested under
section 113.041 of the Revised Code or required by
section
121.08, 173.27, 173.394, 1121.23, 1155.03, 1163.05, 1315.141,
1321.53, 1321.531,
1322.03, 1322.031, 1733.47, 1761.26, 2151.86,
3301.32,
3301.541,
3319.39, 3701.881, 3712.09, 3721.121,
3722.151,
4701.08,
4715.101, 4717.061, 4725.121, 4725.501,
4729.071,
4730.101,
4730.14, 4730.28, 4731.081, 4731.15,
4731.171,
4731.222,
4731.281, 4731.296, 4731.531, 4732.091,
4734.202,
4740.061,
4741.10, 4749.03, 4749.06, 4755.70,
4757.101, 4759.061,
4760.032,
4760.06, 4761.051, 4762.031,
4762.06, 4763.05,
4779.091,
5104.012, 5104.013,
5111.032,
5111.033, 5111.034,
5123.081,
5126.28, 5126.281, or
5153.111 of
the Revised Code.
The form
that the superintendent
prescribes
pursuant to this
division may
be in a tangible format,
in an
electronic format,
or in both
tangible and electronic
formats.
(2) The superintendent shall prescribe standard impression
sheets to obtain the fingerprint impressions of any person for
whom a criminal records check is requested under section 113.041
of the Revised Code or required by section 121.08,
173.27,
173.394, 1121.23, 1155.03, 1163.05, 1315.141,
1321.53, 1321.531,
1322.03, 1322.031,
1733.47, 1761.26, 2151.86, 3301.32, 3301.541,
3319.39,
3701.881,
3712.09, 3721.121, 3722.151, 4701.08,
4715.101,
4717.061,
4725.121, 4725.501, 4729.071, 4730.101,
4730.14,
4730.28,
4731.081, 4731.15, 4731.171, 4731.222,
4731.281,
4731.296,
4731.531, 4732.091, 4734.202, 4740.061,
4741.10,
4749.03,
4749.06,
4755.70, 4757.101, 4759.061,
4760.032, 4760.06,
4761.051, 4762.031, 4762.06, 4763.05,
4779.091, 5104.012,
5104.013, 5111.032, 5111.033,
5111.034,
5123.081, 5126.28,
5126.281, or 5153.111 of the Revised
Code.
Any
person for whom
a
records check is requested under or
required by any of
those
sections shall obtain the fingerprint
impressions at a
county
sheriff's office, municipal police
department, or any other
entity with the ability to make
fingerprint impressions on the
standard impression sheets
prescribed by the superintendent. The
office, department, or
entity may charge the person a reasonable
fee for making the
impressions. The standard impression sheets
the
superintendent
prescribes pursuant to this division may be
in a
tangible
format,
in an electronic format, or in both
tangible and
electronic
formats.
(3) Subject to division (D) of this section, the
superintendent shall prescribe and charge a reasonable fee for
providing a criminal records check requested under section
113.041, 121.08,
173.27, 173.394, 1121.23, 1155.03, 1163.05,
1315.141, 1321.53, 1321.531, 1322.03, 1322.031, 1733.47, 1761.26,
2151.86,
3301.32,
3301.541,
3319.39, 3701.881, 3712.09,
3721.121,
3722.151,
4701.08, 4715.101, 4717.061, 4725.121,
4725.501,
4729.071,
4730.101,
4730.14, 4730.28, 4731.081,
4731.15,
4731.171,
4731.222, 4731.281,
4731.296, 4731.531,
4732.091,
4734.202,
4740.061, 4741.10, 4749.03, 4749.06,
4755.70,
4757.101,
4759.061, 4760.032, 4760.06, 4761.051,
4762.031,
4762.06,
4763.05, 4779.091, 5104.012, 5104.013,
5111.032,
5111.033,
5111.034,
5123.081, 5126.28, 5126.281, or
5153.111 of
the
Revised
Code. The
person making a criminal
records request
under any of those sections
shall pay the
fee
prescribed
pursuant to this division. A
person
making a
request
under
section 3701.881 of the Revised Code
for
a
criminal
records
check for an applicant who may be both
responsible for
the care,
custody, or control of a child and
involved in
providing direct
care to an older adult shall pay
one
fee for the
request. In
the
case of a request under
section
1121.23, 1155.03, 1163.05,
1315.141, 1733.47, 1761.26,
or
5111.032 of the
Revised Code,
the fee shall be paid in the
manner
specified in
that section.
(4) The superintendent of the bureau of criminal
identification and investigation may prescribe methods of
forwarding fingerprint impressions and information necessary to
conduct a criminal records check, which methods shall include, but
not be limited to, an electronic
method.
(D) A determination whether any information exists that
indicates that a person previously has been convicted of or
pleaded guilty to any offense listed or described in division
(A)(1)(a) or (b), (A)(2)(a) or (b), (A)(3)(a) or (b), (A)(4)(a) or
(b), (A)(5)(a) or (b), (A)(6)(a) or (b), (A)(7), (A)(8)(a) or
(b),
(A)(9)(a) or (b), (A)(10)(a) or (b), (A)(12), or (A)(14)
of
this
section, or that indicates that
a person previously has
been
convicted of or pleaded guilty to any
criminal offense in
this
state or any other state regarding a
criminal records check
of a
type described in division (A)(13) of
this section, and
that is
made by the superintendent with respect to
information
considered in a criminal records check in accordance
with this
section is valid for the person who is the subject of
the
criminal
records check for a period of one year from the date
upon which
the superintendent makes the determination. During the
period in
which the determination in regard to a person is valid,
if another
request under this section is made for a criminal
records check
for that person, the superintendent shall provide
the information
that is the basis for the superintendent's
initial determination
at a lower fee than the fee prescribed for
the initial criminal
records check.
(E) As used in this section:
(1) "Criminal records check" means any criminal records check
conducted by the superintendent of the bureau of criminal
identification and investigation in accordance with division (B)
of this section.
(2) "Minor drug possession offense" has the same meaning as
in
section 2925.01 of the Revised Code.
(3) "Older adult" means a person age sixty or older.
(4) "OVI or OVUAC violation" means a violation of section
4511.19 of the Revised Code or a violation of an existing or
former law of this state, any other state, or the United States
that is substantially equivalent to section 4511.19 of the Revised
Code.
Sec. 135.68. As used in sections 135.68 to 135.70 of the
Revised Code:
(A) "Eligible individual" means a person in this state.
(B) "Eligible lending institution" means a financial
institution that is eligible to make loans, is a public depository
of state funds under section 135.03 of the Revised Code, and
agrees to participate in the short-term installment loan linked
deposit
program.
(C) "Short-term installment loan" means an extension of
credit that does
not
exceed eight hundred dollars, the duration
of which is not
less
than ninety days and six installments, and
the interest on the
loan is calculated in compliance with 15
U.S.C. 1606 and does not
exceed an annual percentage rate of
twenty-eight per cent. For the
purpose of this section, interest
and annual percentage rate have the same
meaning as in section
1321.35 of the Revised Code.
(D) "Short-term installment loan linked deposit" means a
certificate of
deposit placed by the treasurer of state with an
eligible lending
institution at up to three per cent below
current market rates, as
determined and calculated by the
treasurer of state, provided the
institution agrees to lend the
value of such deposit, according to
the deposit agreement
provided for in section 135.69 of the Revised
Code, to eligible
individuals in the form of short-term installment loans.
(E) For the purpose of this section:
(1) "Interest" means all charges payable directly or
indirectly by a borrower to a lender as a condition to a loan,
including fees, loan origination charges, service charges, renewal
charges, credit insurance premiums, and any ancillary product sold
in connection with a loan made pursuant to sections 135.68 to
135.70 of the Revised Code.
(2) "Annual percentage rate" has the same meaning as in the
"Truth in Lending Act," 82 Stat. 149 (1980), 15 U.S.C. 1606, as
implemented by regulations of the board of governors of the
federal reserve system. All fees and charges shall be included in
the computation of the annual percentage rate. Fees and charges
for single premium credit insurance and other ancillary products
sold in connection with the credit transaction shall be included
in the calculation of the annual percentage rate.
Sec. 1181.21. (A) As used in this
section, "consumer finance
company" has the same meaning as in section 1181.05
of the Revised
Code.
(B) The superintendent of financial
institutions shall see
that the laws relating to consumer finance companies
are executed
and enforced.
(C) The deputy superintendent for
consumer finance shall be
the principal supervisor of consumer finance
companies. In that
position the deputy superintendent for consumer finance
shall,
notwithstanding section
1321.421,
division (A) of section
1321.76, and sections 1321.07, 1321.55,
1322.06, 4727.05, and
4728.05 of the Revised Code,
be responsible
for conducting
examinations and preparing examination reports
under those
sections. In addition, the deputy superintendent for
consumer
finance shall, notwithstanding sections 1315.27,
1321.10,
1321.43, 1321.54,
1321.77, 1322.12, 4712.14, 4727.13, and
4728.10
of the
Revised Code,
have the authority to adopt rules and
standards in accordance with those
sections. In performing or
exercising any of the examination, rule-making, or
other
regulatory functions, powers, or duties vested by this division in
the
deputy superintendent for consumer finance, the deputy
superintendent for
consumer finance shall be subject to the
control of the superintendent of
financial institutions and the
director of commerce.
Sec. 1181.25. The superintendent of financial institutions
may introduce into evidence or disclose, or authorize to be
introduced into evidence or disclosed, information that, under
sections 1121.18, 1155.16, 1163.20, 1315.122, 1321.09, 1321.48,
1321.55, 1321.76,
1322.06, 1322.061,
1733.32, 1733.327, and
4727.18 of the Revised
Code, is privileged,
confidential, or
otherwise not public
information or a public
record, provided that
the superintendent
acts only as provided in
those sections or in
the following
circumstances:
(A) When in the opinion of the superintendent, it is
appropriate with regard to any enforcement actions taken and
decisions made by the superintendent under Chapters 1315., 1321.,
1322., 1733., 4712., 4727., and 4728. of the Revised Code or Title
XI of the Revised Code;
(B) When litigation has been initiated by the
superintendent
in furtherance of the powers, duties, and
obligations imposed upon
the superintendent by Chapters 1315.,
1321., 1322., 1733., 4712.,
4727., and 4728. of the Revised Code
or Title XI of the Revised
Code;
(C) When in the opinion of the superintendent, it is
appropriate with regard to enforcement actions taken or decisions
made by other financial institution regulatory authorities to whom
the
superintendent has provided the information pursuant to
authority
in Chapters 1315., 1321., 1322., 1733., 4712., 4727.,
and 4728. of
the Revised Code or Title XI of the Revised Code.
Sec. 1321.02. No person shall engage in the business of
lending money, credit, or choses in action in amounts of five
thousand dollars or less, or exact, contract for, or receive,
directly or indirectly, on or in connection with any such loan,
any interest and charges that in the aggregate are greater than
the interest and charges that the lender would be permitted to
charge for a loan of money if the lender were not a licensee,
without first having obtained a license from the division of
financial
institutions under sections 1321.01 to 1321.19 of
the
Revised Code.
Sections 1321.01 to 1321.19 of the Revised Code do not
apply
to any person doing business under and as permitted by any
law of
this state, another state, or the United States relating
to banks,
savings banks, savings societies, trust companies,
credit unions,
savings and loan associations substantially all
the business of
which is confined to loans on real estate
mortgages and evidences
of their own indebtedness; to
registrants
conducting business
pursuant to sections 1321.51 to 1321.60 of
the Revised Code; to
licensees conducting business
pursuant to
sections 1321.71 to
1321.83 of the Revised Code; to licensees
doing business pursuant
to sections 1321.35 to 1321.48 of the Revised
Code; or to any
entity who is licensed pursuant to Title XXXIX of
the Revised
Code, who makes advances or loans to any person who is
licensed
to sell insurance pursuant to that Title, and who is
authorized
in writing by that entity to sell insurance. No person
engaged in
the business of selling tangible goods or services
related thereto
may receive or retain a license under sections
1321.01 to 1321.19
of the Revised Code for such place of
business.
The first paragraph of this section applies to any person,
who by any device, subterfuge, or pretense, charges, contracts
for, or receives greater interest, consideration, or charges than
that authorized by this section for any such loan or use of money
or for any such loan, use, or sale of credit, or who for a fee or
any manner of compensation arranges or offers to find or arrange
for another person to make any such loan, use, or sale of credit.
This section does not preclude the acquiring, directly or
indirectly, by purchase or discount, of a bona fide obligation
for
goods or services when such obligation is payable directly to
the
person who provided the goods or services.
Any contract of loan in the making or collection of which
an
act is done by the lender that violates this section is void
and
the lender has no right to collect, receive, or retain any
principal, interest, or charges.
Sec. 1321.12. No licensee shall conduct the business of
making loans under
sections 1321.01 to 1321.19 of the Revised
Code, within any office, room, or
place of business in which any
other business is solicited or engaged in, or
in association or
conjunction therewith, if the division of financial
institutions
finds, after hearing, that the other
business is of such nature
that such
conduct tends to conceal evasion of those sections or of
the rules made under those sections and orders
the licensee in
writing to desist from the conduct.
No licensee shall conduct the business of making loans under
sections 1321.01
to 1321.19 of the Revised Code, under any other
name, or at any other place of
business within this state than
that named in the license.
No licensee shall take a lien upon real estate as security
for any loan made
under those sections except such lien as is
created upon
the filing or recording of a certificate of judgment.
No licensee shall make a loan for which the loan contract
requires the borrower to repay the loan in less than three months.
Sec. 1321.53. (A)(1) An application for a certificate of
registration under sections 1321.51 to 1321.60 of the Revised
Code
shall contain an undertaking by the applicant to abide by
those
sections. The application shall be in writing, under oath,
and in
the form prescribed by the division of
financial institutions,
and
shall contain any information
that the division may require.
Applicants
that are foreign
corporations shall obtain and
maintain a license
pursuant to
Chapter 1703. of the Revised Code
before a
certificate is issued
or renewed.
(2) Upon the filing of the application and the payment by the
applicant of a nonrefundable two hundred dollar
investigation
fee, a nonrefundable three hundred dollar
annual registration fee,
and any additional fee required by the nationwide mortgage
licensing system and registry,
the division shall investigate the
relevant facts. If the
application involves investigation outside
this state, the
applicant may be required by the division to
advance sufficient
funds to pay any of the actual expenses of such
investigation,
when it appears that these expenses will exceed two
hundred
dollars. An itemized statement of any of these expenses
which
the applicant is required to pay shall be furnished to the
applicant
by the division. No certificate shall be issued unless
all the required fees
have been submitted to the division.
(3) All applicants making loans secured by an interest in
real estate shall designate an employee or owner of the applicant
as the applicant's primary point of contact. While acting as the
primary point of contact, the employee or owner shall not be
employed by
any other registrant or mortgage broker.
(4) The investigation undertaken upon application shall
include both a civil and criminal records check of the applicant
including any individual whose identity is required to be
disclosed in the application. Where the applicant is a business
entity the superintendent shall have the authority to require a
civil and criminal background check of those persons that in the
determination of the superintendent have the authority to direct
and control the operations of the applicant.
(5)(a) Notwithstanding division (K) of section 121.08 of the
Revised Code, the superintendent of financial institutions shall
obtain a criminal history records check and, as part of that
records check, request that criminal record information from the
federal bureau of investigation be obtained. To fulfill this
requirement, the superintendent shall do either of the following:
(i) Request the superintendent of the bureau of criminal
identification and investigation, or a vendor approved by the
bureau, to conduct a criminal records check based on the
applicant's fingerprints or, if the fingerprints are unreadable,
based on the applicant's social security number, in accordance
with division (A)(12) of section 109.572 of the Revised Code;
(ii) Authorize the nationwide mortgage licensing system and
registry to request a criminal history background check as set
forth in division (C) of section 1321.531 of the Revised Code.
(b) Any fee required under division (C)(3) of section 109.572
of the Revised Code or by the nationwide mortgage licensing system
and registry shall be paid by the applicant.
(6) If an application for a
certificate of registration does
not contain all of the
information required under division
(A)
of
this section, and if
such information is not submitted to the
division within ninety
days after the
superintendent requests the
information in writing, the
superintendent may
consider the
application withdrawn.
(7) If the division
finds that the financial
responsibility,
experience, character, and general fitness of the
applicant
command the confidence of the public and
warrant
the belief that
the business will be operated honestly
and fairly
in compliance
with the purposes of sections
1321.51 to
1321.60 of the Revised
Code and the rules adopted
thereunder, and that the applicant has
the requisite bond or
applicable
net worth and assets required by
division (B) of this
section, the
division shall thereupon issue
a certificate of
registration to the applicant. The
superintendent
shall not use a credit score as the sole basis for
a registration
denial.
(a)(i) Certificates of registration issued on or after July
1,
2010, shall annually expire on the
thirty-first day of
December, unless renewed by the filing of a
renewal application
and payment of
a three hundred dollar
nonrefundable annual
registration fee, any
assessment as
determined by the
superintendent pursuant to
division
(A)(7)(a)(ii) of this
section, and any
additional fee
required by the nationwide
mortgage
licensing
system and registry,
on or before the last
day of
December
of each year. No other
fee or assessment shall
be
required
of a
registrant by the state
or any political
subdivision of this
state.
(ii) If the renewal fees billed by the superintendent
pursuant to division (A)(7)(a)(i) of this section are less than
the estimated expenditures of the consumer finance section of the
division of financial institutions, as determined by the
superintendent, for the following fiscal year, the superintendent
may assess each registrant at a rate sufficient to equal in the
aggregate the difference between the renewal fees billed and the
estimated expenditures. Each registrant shall pay the assessed
amount to the superintendent prior to the last day of June. In no
case shall the assessment exceed ten cents per each one hundred
dollars of interest (excluding charge-off recoveries), points,
loan origination charges, and credit line charges collected by
that registrant during the previous calendar year. If such an
assessment is imposed, it shall not be less than two hundred fifty
dollars per registrant and shall not exceed thirty thousand
dollars less the total renewal fees paid pursuant to division
(A)(7)(a)(i) of this section by each registrant.
(b) Registrants shall timely file renewal applications on
forms prescribed by the division and
provide any further
information that the division may require. If a renewal
application does not contain all of the information required under
this section, and if that information is not submitted to the
division within ninety days after the superintendent requests the
information in writing, the superintendent may consider the
application withdrawn.
(c) Renewal shall not be granted if the applicant's
certificate of registration is subject to an order of suspension,
revocation, or an unpaid and past due fine imposed by the
superintendent.
(d) If the division finds the applicant does
not meet the
conditions set forth in this section, it shall
issue a notice of
intent to deny the application,
and forthwith notify the
applicant of the denial, the grounds for
the denial, and the
applicant's reasonable opportunity to be heard
on the action in
accordance with Chapter 119. of the Revised Code.
(8) If there is a change of five per cent or more in
the
ownership
of a registrant, the division may make any
investigation necessary to
determine whether any fact or condition
exists that, if it had
existed at the time of the original
application for a certificate of
registration, the fact or
condition would have warranted the
division to deny the
application under division (A)(7) of this
section. If such a
fact
or condition is found, the division may, in
accordance with
Chapter 119. of the Revised Code,
revoke the registrant's
certificate.
(B) Each registrant that engages in lending under
sections
1321.51 to 1321.60 of the Revised Code shall, if not bonded
pursuant to section 1321.533 of the Revised Code, maintain
both of
the
following:
(1) A net worth of at least fifty thousand dollars;
(2) For each certificate of registration, assets of at least
fifty
thousand dollars either in use or readily available for use
in the conduct of
the business.
(C) Not more than one place of business shall be
maintained
under the same certificate, but the division may issue
additional
certificates to the same registrant upon compliance
with sections
1321.51 to 1321.60 of the Revised Code, governing
the issuance of
a single certificate. No change in the place of
business of a
registrant to a location outside the original
municipal
corporation shall be permitted under the same
certificate without
the approval of a new application, the
payment of the registration
fee
and, if required by the
superintendent, the payment of an
investigation fee of two hundred
dollars. When a registrant
wishes to change its place of business
within the same municipal
corporation, it shall give written
notice of the change in
advance to the division, which shall
provide a certificate for
the new address without cost. If a
registrant changes its name,
prior to making loans under the new
name it shall give written
notice of the change to the division,
which shall provide a
certificate in the new name without cost.
Sections 1321.51 to
1321.60 of the Revised Code do not limit the
loans of any
registrant to residents of the community in which the
registrant's
place of business is situated. Each certificate
shall
be kept
conspicuously posted in the place of business of
the
registrant
and is not transferable or assignable.
(D) Sections 1321.51 to 1321.60 of the Revised Code do not
apply to any of the following:
(1) Entities chartered and lawfully doing business
under the
authority of
any law of this state, another state, or
the United
States
as a bank, savings bank,
trust company, savings and
loan
association, or credit union, or a subsidiary of any such
entity,
which subsidiary is regulated by a federal banking agency
and is
owned and controlled by such a depository institution;
(2) Life, property, or casualty insurance companies
licensed
to do business in this state;
(3) Any person that is a lender making a loan pursuant to
sections 1321.01 to 1321.19 of the Revised Code or a business
loan
as described in division (B)(6)(5) of section 1343.01 of the
Revised
Code;
(4) Any political subdivision, or any governmental or
other
public entity, corporation, instrumentality, or agency, in or of
the United States or any state of the United
States, or any
entity described in division (B)(3) of section
1343.01 of the
Revised Code;
(5) A college or university, or controlled entity of a
college or university, as those terms are defined in section
1713.05 of the Revised Code;
(6) A credit union service organization, provided the
organization utilizes services provided by registered mortgage
loan originators or the organization complies with section
1321.522 of the Revised Code and holds a valid letter of exemption
issued by the superintendent.
(E) No person engaged in the business of selling tangible
goods or services related to tangible goods may receive or retain
a certificate under sections 1321.51 to 1321.60 of the Revised
Code for such place of business.
Sec. 1321.59. (A) No registrant under sections 1321.51 to
1321.60 of the Revised Code shall permit any borrower to be
indebted for a loan made under sections 1321.51 to 1321.60 of the
Revised Code at any time while the borrower is also indebted to
an
affiliate or agent of the registrant for a loan made under
sections 1321.01 to 1321.19 of the Revised Code for the purpose
or
with the result of obtaining greater charges than otherwise
would
be permitted by sections 1321.51 to 1321.60 of the Revised Code.
(B) No registrant shall induce or permit any person to
become
obligated to the registrant under sections 1321.51 to
1321.60 of
the Revised Code, directly or contingently, or both,
under more
than one contract of loan at the same time for the
purpose or with
the result of obtaining greater charges than
would otherwise be
permitted by sections 1321.51 to 1321.60 of
the Revised Code.
(C) No registrant shall refuse to provide information
regarding the amount required to pay in full a loan under
sections
1321.51 to 1321.60 of the Revised Code when requested by
the
borrower or by another person designated in writing by the
borrower.
(D) On any loan or application for a loan under sections
1321.51 to
1321.60 of the Revised Code secured by a
mortgage on a
borrower's real estate which is other than a first
lien on the
real estate, no person shall pay or
receive, directly or
indirectly, fees or any other type of
compensation for services of
a mortgage broker that, in
the aggregate, exceed the lesser of one
thousand
dollars or one per cent of the principal amount of the
loan.
(E) No registrant or licensee shall obtain a certificate of
registration or license through any false or fraudulent
representation of a material fact or any omission of a material
fact required by state or federal law, or make any substantial
misrepresentation in the registration or license application, to
engage in lending secured by real estate.
(F) No registrant or licensee, in connection with the
business of making or offering to make residential mortgage loans,
shall knowingly make false or misleading
statements of a material
fact, omissions of statements required by
state or federal law,
or false promises regarding a material fact,
through advertising
or other means, or engage in a continued
course of
misrepresentations.
(G) No registrant, licensee, or person making loans without a
certificate of registration in violation
of division (A) of
section 1321.52 of the Revised Code, shall knowingly
engage in
conduct, in connection with the business of making or offering to
make residential mortgage loans, that constitutes improper,
fraudulent, or
dishonest dealings.
(H) No registrant, licensee, or applicant involved in the
business of making or offering to make residential mortgage loans
shall fail to
notify the division of financial institutions
within thirty days
after knowing any of the following:
(1) That the registrant, licensee, or applicant has been
convicted of or pleaded guilty to a felony offense
in a domestic,
foreign, or military court;
(2) That the registrant, licensee, or applicant has been
convicted of or pleaded guilty to any criminal
offense involving
theft, receiving stolen property, embezzlement,
forgery, fraud,
passing bad checks, money laundering, breach of
trust,
dishonesty, or drug trafficking, or any criminal offense
involving money or securities, in a domestic, foreign, or military
court;
(3) That the registrant, licensee, or applicant has had a
mortgage lender registration or mortgage loan
originator license,
or comparable authority, revoked in any
governmental
jurisdiction.
(I) No registrant or licensee shall knowingly make, propose,
or solicit fraudulent, false, or misleading statements on any
mortgage document or on any document related to a mortgage loan,
including a mortgage application, real estate appraisal, or real
estate settlement or closing document. For purposes of this
division, "fraudulent, false, or misleading statements" does not
include mathematical errors, inadvertent transposition of numbers,
typographical errors, or any other bona fide error.
(J) No registrant or licensee shall knowingly instruct,
solicit, propose, or otherwise cause a borrower to sign in blank a
loan related document in connection with a residential mortgage
loan.
(K) No registrant or licensee shall knowingly compensate,
instruct, induce, coerce, or intimidate, or attempt to compensate,
instruct, induce, coerce, or intimidate, a person licensed or
certified as an appraiser under Chapter 4763. of the Revised Code
for the purpose of corrupting or improperly influencing the
independent judgment of the person with respect to the value of
the dwelling offered as security for repayment of a mortgage loan.
(L) No registrant or licensee shall willfully retain original
documents
provided to the registrant or licensee by the borrower
in
connection with the residential mortgage loan application,
including income tax returns, account statements, or other
financial related documents.
(M) No registrant or licensee shall, in connection with
making residential mortgage loans, receive, directly or
indirectly, a premium on the fees charged for services performed
by a bona fide third party.
(N) No registrant or licensee shall, in connection with
making
residential mortgage loans, pay or receive, directly
or
indirectly, a referral fee or kickback of any kind to or from a
bona fide third party or other party with a related interest in
the transaction, including a home improvement builder, real estate
developer, or real estate broker or agent, for the referral of
business. Nothing in this division shall prevent remuneration to a
registrant or licensee for the licensed sale of any insurance
product that is permitted under section 1321.57 of the Revised
Code, provided there is no additional fee or premium added to the
cost for the insurance and paid directly or indirectly by the
borrower.
(O) No registrant, licensee, or person making loans without a
certificate of registration in violation of division (A) of
section 1321.52 of the Revised Code shall, in connection with
making or offering to make residential mortgage loans, engage in
any unfair, deceptive, or unconscionable act or practice
prohibited under sections 1345.01 to 1345.13 of the Revised Code.
(P) No registrant shall make a loan for which the loan
contract requires the borrower to repay the loan in less than
three months.
Sec. 1321.99. (A) Whoever violates section 1321.02 of the
Revised Code is guilty of a felony of the fifth degree.
(B) Whoever violates section 1321.13 of the Revised Code
shall be fined not less than one hundred nor more than five
hundred dollars or imprisoned not more than six months, or both.
(C) Whoever violates section 1321.14 of the Revised Code
shall be fined not less than fifty nor more than two hundred
dollars for a first offense; for a second offense such person
shall be fined not less than two hundred nor more than five
hundred dollars and imprisoned for not more than six months.
(D) Whoever willfully violates section 1321.57, 1321.58,
division (A), (B), (C), or (D) of section
1321.59, 1321.591, or
1321.60 of
the Revised Code is guilty of a minor misdemeanor and
shall be fined not less
than one nor more than
five hundred
dollars.
(E) Whoever violates section 1321.52 or division (I), (J),
(K), (L), or (M) of section 1321.59 of the Revised Code
is
guilty
of a felony of the fifth degree.
(F) Whoever violates division (A) of section 1321.73 of
the
Revised Code shall be fined not more than five hundred
dollars or
imprisoned not more than six months, or both.
(G) Whoever violates section 1321.41 of the Revised Code is
guilty of a misdemeanor of the first degree.
(H) Whoever violates division (N) of section 1321.59 of the
Revised Code is guilty of a felony of the fourth degree.
(I)(H) The imposition of fines pursuant to this section does
not
preclude the imposition of any administrative fines or civil
penalties authorized under section 1321.54 or any other section of
the Revised Code.
Sec. 1343.01. (A) The parties to a bond, bill, promissory
note, or other instrument of writing for the forbearance or
payment of money at any future time, may stipulate therein for
the
payment of interest upon the amount thereof at any rate not
exceeding eight per cent per annum payable annually, except as
authorized in division (B) of this section.
(B) Any party may agree to pay a rate of interest in
excess
of the maximum rate provided in division (A) of this
section when:
(1) The original amount of the principal indebtedness
stipulated in the bond, bill, promissory note, or other
instrument
of writing exceeds one hundred thousand dollars;
(2) The payment is to a broker or dealer registered under
the
"Securities Exchange Act of 1934," 48 Stat. 881, 15 U.S.C.
78A, as
amended, for carrying a debit balance in an account for a
customer
if such debit balance is payable on demand and secured
by stocks,
bonds or other securities;
(3) The instrument evidences a loan secured by a mortgage
or
deed of trust on real estate where the loan has been approved,
insured, guaranteed, purchased, or for which an offer or
commitment to insure, guarantee, or purchase has been received,
in
whole or in part, by the federal government or any agency or
instrumentality thereof, the federal national mortgage
association, the federal home loan mortgage corporation, or the
farmers home administration, all of which is authorized pursuant
to the "National Housing Act," 12. U.S.C. 1701; the "Serviceman's
Readjustment Act," 38 U.S.C. 1801; the "Federal Home Loan Bank
Act," 12 U.S.C. 1421; and the "Rural Housing Act," 42 U.S.C.
1471,
amendments thereto, reenactments thereof, enactments
parallel
thereto, or in substitution therefor, or regulations
issued
thereunder; or by the state or any agency or
instrumentality
thereof authorized pursuant to Chapter 122. of
the Revised Code,
or rules issued thereunder.
(4) The instrument evidences a loan secured by a mortgage,
deed of trust, or land installment contract on real estate which
does not otherwise qualify for exemption from the provisions of
this section, except that such rate of interest shall not exceed
eight per cent in excess of the discount rate on ninety-day
commercial paper in effect at the federal reserve bank in the
fourth federal reserve district at the time the mortgage, deed of
trust, or land installment contract is executed.
(5) The instrument is payable on demand or in one
installment
and is not secured by household furnishings or other
goods used
for personal, family, or household purposes.
(6)(a) The loan is a business loan to a business
association
or partnership, a person owning and operating a
business as a sole
proprietor; any persons owning and operating a
business as joint
venturers, joint tenants, or tenants in common;
any limited
partnership; or any trustee owning or operating a
business or
whose beneficiaries own or operate a business, except
that:
(i) Any loan which is secured by an assignment of an
individual obligor's salary, wages, commissions, or other
compensation for services or by his the individual obligor's
household furniture or other goods used for his the individual
obligor's personal, family, or household purposes shall
be deemed
not a loan within the meaning of division (B)(6)(5) of
this
section;
(ii) Any loan which otherwise qualifies as a business loan
within the meaning of division (B)(6)(5) of this section shall not
be
deemed disqualified because of the inclusion, with other
security
consisting of business assets of any such obligor, of
real estate
occupied by an individual obligor solely as his the
individual
obligor's residence.
(b) As used in division (B)(6)(5)(a) of this section,
"business"
means a commercial, agricultural, or industrial
enterprise which
is carried on for the purpose of investment or
profit. "Business"
does not mean the ownership or maintenance of
real estate occupied
by an individual obligor solely as his the
individual obligor's
residence.
Sec. 1345.01. As used in sections 1345.01 to 1345.13 of
the
Revised Code:
(A) "Consumer transaction" means a sale, lease,
assignment,
award by chance, or other transfer of an item of
goods, a service,
a franchise, or an intangible, to an individual
for purposes that
are primarily personal, family, or household,
or solicitation to
supply any of these things. "Consumer
transaction" does not
include transactions between persons, defined in sections 4905.03
and 5725.01 of the Revised Code, and
their customers, except for
transactions involving a loan made pursuant to sections 1321.35 to
1321.48 of the Revised Code and transactions in connection with
residential mortgages between loan originators, mortgage
brokers,
or
nonbank mortgage lenders and their customers;
transactions
between
certified public
accountants or public
accountants and
their
clients; transactions
between attorneys,
physicians, or
dentists
and their clients or
patients; and
transactions between
veterinarians and their
patients that
pertain to medical
treatment
but not ancillary
services.
(B) "Person" includes an individual, corporation,
government,
governmental subdivision or agency, business trust,
estate, trust,
partnership, association, cooperative, or other
legal entity.
(C) "Supplier" means a seller, lessor, assignor,
franchisor,
or other person engaged in the business of effecting
or soliciting
consumer transactions, whether or not the
person deals directly
with the consumer. If the consumer transaction is in connection
with a residential mortgage, "supplier" does not include an
assignee or purchaser of the loan for value, except as otherwise
provided in section 1345.091 of the Revised Code. For purposes of
this division, in a consumer transaction in connection with a
residential mortgage, "seller" means a loan originator,
mortgage
broker, or nonbank mortgage lender.
(D) "Consumer" means a person who engages in a consumer
transaction with a supplier.
(E) "Knowledge" means actual awareness, but such actual
awareness may be inferred where objective manifestations indicate
that the individual involved acted with such awareness.
(F) "Natural gas service" means the sale of natural gas,
exclusive of any distribution or ancillary service.
(G) "Public telecommunications service" means the
transmission by electromagnetic or other means,
other than by a
telephone company as defined in section 4927.01 of the Revised
Code,
of
signs, signals, writings, images, sounds, messages, or
data originating
in this state regardless of actual
call routing.
"Public telecommunications service" excludes a
system, including
its construction, maintenance, or operation, for
the provision of
telecommunications service, or any portion of
such service, by any
entity for the sole and exclusive use of that
entity, its parent,
a subsidiary, or an affiliated entity, and not
for resale,
directly or indirectly; the provision of terminal
equipment used
to originate telecommunications
service; broadcast transmission by
radio, television, or satellite
broadcast stations regulated by
the federal government; or cable
television service.
(H) "Loan originator" has the same meaning as in
section
1322.01
of the Revised Code, and includes a "mortgage
loan
originator" as defined in section 1321.51 of the Revised
Code,
except that it does not include an employee
of a bank,
savings
bank, savings and loan association, credit
union, or
credit
union service organization organized under the
laws of
this
state, another state, or the United States; an
employee of a
subsidiary of such a bank, savings bank, savings and
loan
association, or credit union; or an employee of an affiliate
that
(1) controls, is controlled by, or is under common control
with,
such a bank, savings bank, savings and loan association, or
credit union and (2) is subject to examination, supervision, and
regulation, including with respect to the affiliate's compliance
with applicable consumer protection requirements, by the board of
governors of the federal reserve system, the comptroller of the
currency, the office of thrift supervision, the federal deposit
insurance corporation, or the national credit union
administration.
(I) "Residential mortgage" or "mortgage" means an obligation
to pay a
sum of money evidenced by a note and secured by a lien
upon real
property located within this state containing two or
fewer
residential units or on which two or fewer residential units
are
to be constructed and includes such an obligation on a
residential condominium or cooperative unit.
(J) "Mortgage broker" has the same meaning as in section
1322.01 of the Revised Code, except that it does not include a
bank, savings bank, savings and loan association, credit union, or
credit union service organization organized under the laws of this
state, another state, or the United States; a subsidiary of such a
bank, savings bank, savings and loan association, or credit union;
an affiliate that (1) controls, is controlled by, or is under
common control with, such a bank, savings bank, savings and loan
association, or credit union and (2) is subject to examination,
supervision, and regulation, including with respect to the
affiliate's compliance with applicable consumer protection
requirements, by the board of governors of the federal reserve
system, the comptroller of the currency, the office of thrift
supervision, the federal deposit insurance corporation, or the
national credit union administration; or an employee of any such
entity.
(K) "Nonbank mortgage lender" means any person that engages
in a consumer transaction in connection with a residential
mortgage, except for a bank, savings bank, savings and loan
association, credit union, or credit union service organization
organized under the laws of this state, another state, or the
United States; a subsidiary of such a bank, savings bank, savings
and loan association, or credit union; or an affiliate that (1)
controls, is controlled by, or is under common control with, such
a bank, savings bank, savings and loan association, or credit
union and (2) is subject to examination, supervision, and
regulation, including with respect to the affiliate's compliance
with applicable consumer protection requirements, by the board of
governors of the federal reserve system, the comptroller of the
currency, the office of thrift supervision, the federal deposit
insurance corporation, or the national credit union
administration.
(L) For purposes of divisions (H), (J), and (K) of this
section:
(1) "Control" of another entity means ownership, control, or
power to vote twenty-five per cent or more of the outstanding
shares of any class of voting securities of the other entity,
directly or indirectly or acting through one or more other
persons.
(2) "Credit union service organization" means a CUSO as
defined in 12 C.F.R. 702.2.
Sec. 2307.61. (A) If a property owner brings a civil
action
pursuant to
division (A) of
section 2307.60 of the
Revised
Code
to
recover
damages from any person who willfully damages the
owner's
property
or who commits a theft offense, as defined in
section
2913.01 of
the Revised Code, involving the owner's
property, the
property
owner may recover as follows:
(1) In the civil action, the property owner may elect to
recover moneys as described in division (A)(1)(a) or (b) of this
section:
(a) Compensatory damages that may include, but are not
limited to, the value of the property and liquidated damages in
whichever of the following amounts applies:
(i) Fifty dollars, if the value of the property was fifty
dollars or less at the time it was willfully damaged or was the
subject of a theft offense;
(ii) One hundred dollars, if the value of the property was
more than fifty dollars, but not more than one hundred dollars,
at
the time it was willfully damaged or was the subject of a
theft
offense;
(iii) One hundred fifty dollars, if the value of the
property
was more than one hundred dollars at the time it was
willfully
damaged or was the subject of a theft offense.
(b) Liquidated damages in whichever of the following
amounts
is greater:
(ii) Three times the value of the property at the time it
was
willfully damaged or was the subject of a theft offense,
irrespective of whether the property is recovered by way of
replevin or otherwise, is destroyed or otherwise damaged, is
modified or otherwise altered, or is resalable at its full market
price. This division does not apply to a check, negotiable order
of
withdrawal, share draft, or other negotiable instrument that
was returned or
dishonored for insufficient funds by a financial
institution if the check,
negotiable order of withdrawal, share
draft, or other negotiable instrument
was presented by an
individual borrower to a licensee under sections 1321.35 to
1321.48
of the Revised Code for a
loan
transaction.
(2) In a civil action in which the value of the property
that
was willfully damaged or was the subject of a theft offense
is
less than five thousand dollars, the property owner may
recover
damages as described in division (A)(1)(a) or (b) of this
section
and additionally may recover the reasonable
administrative costs,
if any, of the property owner that were
incurred in connection
with actions taken pursuant to division
(A)(2) of this section,
the cost of maintaining the civil action,
and reasonable
attorney's fees, if all of the following apply:
(a) The property owner, at least thirty days prior to the
filing of the civil action, serves a written demand for payment
of
moneys as described in division (A)(1)(a) of this section and
the
reasonable administrative costs, if any, of the property
owner
that have been incurred in connection with actions taken
pursuant
to division (A)(2) of this section, upon the person who
willfully
damaged the property or committed the theft offense.
(b) The demand conforms to the requirements of division
(C)
of this section and is sent by certified mail, return receipt
requested.
(c) Either the person who willfully damaged the property
or
committed the theft offense does not make payment to the
property
owner of the amount specified in the demand within
thirty days
after the date of its service upon that person
and does not
enter
into an agreement with the property owner during that
thirty-day
period for that payment or the person who willfully
damaged the
property or committed the theft offense enters into
an agreement
with the property owner during that thirty-day
period for that
payment but does not make that payment in
accordance with the
agreement.
(B) If a property owner who brings a civil action pursuant
to
division (A) of
section 2307.60 of the Revised Code to
recover
damages for
willful damage to property or for a theft offense
attempts to
collect the reasonable administrative costs, if any,
of the
property owner that have been incurred in connection with
actions
taken pursuant to division (A)(2) of this section, the
cost of
maintaining the civil action, and reasonable attorney's
fees
under
authority of that division and if the defendant
prevails in
the
civil action, the defendant may recover from the
property
owner
reasonable attorney's fees, the cost of defending
the civil
action, and any compensatory damages that may be proven.
(C) For purposes of division (A)(2) of this section, a
written demand for payment shall include a conspicuous notice to
the person upon whom the demand is to be served that indicates
all
of the following:
(1) The willful property damage or theft offense that the
person allegedly committed;
(2) That, if the person makes payment of the amount
specified
in
the demand within thirty days after its service upon
the
person
or
enters into an agreement with the property owner
during that
thirty-day period for that payment and makes that
payment in
accordance with the agreement, the person cannot be
sued by
the
property owner in a civil action in relation to the
willful
property damage or theft offense;
(3) That, if the person fails to make payment of the amount
specified in the demand within thirty days after the date of its
service upon the person and fails to enter into an agreement for
that
payment with the property owner during that thirty-day period
or
enters into an agreement for that payment with the property
owner
during that thirty-day period but does not make that payment
in
accordance with the agreement, the person may be sued in a
civil action
in relation to the willful property damage or theft
offense;
(4) The potential judgment that the person may be required
to
pay if the person is sued in a civil action in relation to the
willful property damage or theft offense and judgment is rendered
against
the person in that civil action;
(5) That, if the person is sued in a civil action by the
property owner in relation to the willful property damage or theft
offense, if the civil action requests that the person be
required
to pay
the reasonable administrative costs, if any, of the
property
owner that have been incurred in connection with actions
taken
pursuant to division (A)(2) of this section, the cost of
maintaining the action, and reasonable attorney's fees, and if
the
person prevails in the civil action, the person
may recover from
the property
owner reasonable attorney's fees, the cost of
defending the
action, and any compensatory damages that can be
proved.
(D) If a property owner whose property was willfully
damaged
or was the subject of a theft offense serves a written
demand for
payment upon a person who willfully damaged the
property or
committed the theft offense and if the person makes
payment of the
amount specified in the demand within thirty days
after the date
of its service upon the person or the person enters into
an
agreement with the property owner during that thirty-day
period
for that payment and makes payment in accordance with the
agreement, the property owner shall not file a civil action
against the person in relation to the willful property damage or
theft offense.
(E) If a property owner whose property was willfully
damaged
or was the subject of a theft offense serves a written
demand for
payment upon a person who willfully damaged the
property or
committed the theft offense and if the person, within
thirty days
after the date of service of the demand upon the
person, enters
into an agreement with the property owner for the payment
of the
amount specified in the demand but does not make that
payment in
accordance with the agreement, the time between the
entering of
the agreement and the failure to make that payment
shall not be
computed as any part of the period within which a
civil action
based on the willful property damage or theft
offense must be
brought under the Revised Code.
(F) A civil action to recover damages for willful property
damage or for a theft offense may be joined with a civil action
that is brought pursuant to Chapter 2737. of the Revised Code to
recover the property. If the two actions are joined, any
compensatory damages recoverable by the property owner shall be
limited to the value of the property.
(G)(1) In a civil action to recover damages for willful
property damage or for a theft offense, the trier of fact may
determine that an owner's property was willfully damaged or that
a
theft offense involving the owner's property has been
committed,
whether or not any person has pleaded guilty to or has
been
convicted of any criminal offense or has been adjudicated a
delinquent child in relation to any act involving the owner's
property.
(2) This section does not affect the prosecution of any
criminal action or
proceeding or any action to obtain a delinquent
child
adjudication in connection with willful property damage or a
theft offense.
(H) As used in this section:
(1) "Administrative costs" includes the costs of written
demands for payment and associated postage under division (A)(2)
of this section.
(2) "Value of the property" means one of the following:
(a) The retail value of any property that is offered for
sale
by a mercantile establishment, irrespective of whether the
property is destroyed or otherwise damaged, is modified or
otherwise altered, or otherwise is not resalable at its full
market price;
(b) The face value of any check or other negotiable
instrument that is not honored due to insufficient funds in the
drawer's account, the absence of any drawer's account, or another
reason, and all charges imposed by a bank, savings and loan
association, credit union, or other financial institution upon
the
holder of the check or other negotiable instrument;
(c) The replacement value of any property not described in
division (H)(1) or (2) of this section.
Sec. 4712.01. As used in sections 4712.01 to 4712.14 of
the
Revised Code:
(A)
"Buyer" means an individual who is solicited to
purchase
or who purchases the services of a credit services
organization
for purposes other than obtaining a business loan as
described in
division (B)(6)(5) of section 1343.01 of the Revised
Code.
(B)
"Consumer reporting agency" has the same meaning as in
the
"Fair Credit Reporting Act," 84 Stat. 1128, 15 U.S.C.A.
1681a,
as amended.
(C)(1)
"Credit services organization" means any person
that,
in return for the
payment of money or other
valuable consideration
readily convertible into money for the following
services,
sells,
provides, or performs, or represents that the person can
or will
sell, provide, or perform, one or more of the
following services:
(a) Improving a buyer's credit record, history, or rating;
(b) Obtaining an extension of credit by others for a buyer;
(c) Providing advice or assistance to a buyer in
connection
with division (C)(1)(a) or (b) of this section;
(d) Removing adverse credit information that is accurate
and
not obsolete from the buyer's credit record, history, or
rating;
(e) Altering the buyer's identification to prevent the
display of the buyer's credit record, history, or rating.
(2)
"Credit services organization" does not include any of
the following:
(a) A person that makes or collects loans, to the extent
these activities are subject to licensure or registration by this
state;
(b) A mortgage broker, as defined in
section
1322.01 of the
Revised Code, that holds a valid
certificate of
registration under
sections 1322.01 to 1322.12 of
the Revised
Code;
(c) A lender approved by the United States secretary of
housing and urban development for participation in a mortgage
insurance program under the
"National Housing Act," 48 Stat. 1246
(1934), 12 U.S.C.A. 1701, as amended;
(d) A bank, savings bank, or savings and loan association,
or
a subsidiary or an affiliate of a bank, savings bank, or
savings
and loan association. For purposes of division (C)(2)(d)
of this
section,
"affiliate" has the same meaning as in division
(A) of
section 1101.01 of the Revised Code and
"bank," as used in
division (A) of section 1101.01 of the Revised Code, is deemed to
include a savings bank or savings and loan association.
(e) A credit union organized and qualified under Chapter
1733. of the Revised Code or the
"Federal Credit Union Act," 84
Stat. 994 (1970), 12 U.S.C.A. 1751, as amended;
(f) A budget and debt counseling service, as defined
in
division (D) of section 2716.03 of the Revised Code, provided
that
the service is a nonprofit organization exempt from taxation
under
section 501(c)(3) of the
"Internal Revenue Code of 1986,"
100
Stat. 2085, 26 U.S.C.A. 501, as amended, and that the service
is
in compliance with Chapter 4710. of the Revised Code;
(g) A consumer reporting agency that is in substantial
compliance with the
"Fair Credit Reporting Act," 84 Stat. 1128,
15
U.S.C.A. 1681a, as amended.
(i) Any political subdivision, or any governmental or
other
public entity, corporation, or agency, in or of the United
States
or any state of the United States;
(j) A college or university, or controlled entity of a
college or university, as defined in section 1713.05 of the
Revised Code;
(k) A motor vehicle dealer licensed pursuant to Chapter
4517.
of the Revised Code acting within the scope and authority of
that
license or a motor
vehicle auction owner licensed pursuant to
Chapters 4517. and 4707. of the Revised Code acting within the
scope and authority
of that license.
(D)
"Extension of credit" means the right to defer payment
of
debt, or to incur debt and defer its payment, offered or
granted
primarily for personal, family, or household purposes.
"Extension
of credit" does not include a mortgage.
(E)
"Mortgage" means any indebtedness secured by a deed of
trust, security deed, or other lien on real property.
(F)
"Mortgage banker" means any person that makes,
services,
or buys and sells mortgage loans and is approved by the
United
States department of housing and urban development, the
United
States department of veterans affairs, the federal
national
mortgage association, or the federal home loan mortgage
corporation.
(G)
"Superintendent of financial institutions" includes
the
deputy superintendent for consumer finance as provided in section
1181.21
of the Revised Code.
Section 2. That existing sections 109.572, 135.68, 1181.21,
1181.25, 1321.02, 1321.12, 1321.53, 1321.59, 1321.99, 1343.01,
1345.01, 2307.61, and 4712.01 and sections 1321.35, 1321.36,
1321.37, 1321.38, 1321.39, 1321.40, 1321.41, 1321.42, 1321.421,
1321.422, 1321.43, 1321.44, 1321.45, 1321.46, 1321.461, 1321.47,
and 1321.48 of the Revised Code are hereby repealed.
Section 3. Section 109.572 of the Revised Code is presented
in
this act as a composite of the section as amended by both Am.
Sub. H.B. 1 and Sub. S.B. 79 of the 128th 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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