As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                             Am. H. B. No. 141   5            

      1997-1998                                                    6            


 REPRESENTATIVES CATES-SCHULER-GARCIA-METZGER-PADGETT-VAN VYVEN-   8            

    BENDER-TERWILLEGER-FOX-MALLORY-HAINES-OLMAN-MILLER-FORD-       9            

      CORE-CLANCY-BRADING-HARRIS-HOTTINGER-GRENDELL-CORBIN-        10           

             SYKES-TAVARES-BUCHY-OPFER-MOTTL-SAWYER                11           


_________________________________________________________________   13           

                          A   B I L L                                           

             To amend sections 4503.10, 4503.102, 4503.12,         15           

                4507.08, and 4507.09 and to enact sections         16           

                4503.13 and 4507.091 of the Revised  Code to       17           

                provide that if a person has an outstanding        18           

                arrest warrant issued by a municipal court or      19           

                county court, the person may not be eligible to    20           

                be issued a certificate of  registration to a      21           

                motor vehicle in that person's name or a driver's  22           

                license.                                           23           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        25           

      Section 1.  That sections 4503.10, 4503.102, 4503.12,        27           

4507.08, and 4507.09 be amended and sections 4503.13 and 4507.091  28           

of the Revised Code be enacted to read as follows:                 29           

      Sec. 4503.10.  (A)  Except as provided in section 4503.103   40           

of the Revised Code, every owner of a motor vehicle and every      41           

person mentioned as owner in the last certificate of title, bill   42           

of sale, or sworn statement of ownership of a motor vehicle which  43           

is operated or driven upon the public roads or highways shall      44           

cause to be filed each year, by mail or otherwise, in the office   45           

of the registrar of motor vehicles or a deputy registrar, a        46           

written application or a preprinted registration renewal notice    47           

issued under section 4503.102 of the Revised Code, the form of     48           

which shall be prescribed by the registrar, for registration for   49           

                                                          2      


                                                                 
the following registration year, which shall begin on the first    50           

day of January of every calendar year and end on the thirty-first  51           

day of December in the same year.  Applications for registration   52           

and registration renewal notices shall be filed at the times       53           

established by the registrar pursuant to section 4503.101 of the   54           

Revised Code.  Except as provided in division (J) of this          55           

section, applications for registration shall be made on blanks     56           

furnished by the registrar for that purpose, containing the        57           

following information:                                             58           

      (1)  A brief description of the motor vehicle to be          60           

registered, including the name of the manufacturer, the factory    61           

number of the vehicle, the year's model, and, in the case of       62           

commercial cars, the gross weight of the vehicle fully equipped    63           

computed in the manner prescribed in section 4503.08 of the        64           

Revised Code;                                                      65           

      (2)  The name and residence address of the owner, and the    68           

township and municipal corporation in which the owner resides;     70           

      (3)  The district of registration, which shall be            72           

determined as follows:                                             73           

      (a)  In case the motor vehicle to be registered is used for  75           

hire or principally in connection with any established business    76           

or branch business, conducted at a particular place, the district  77           

of registration is the municipal corporation in which that place   78           

is located or, if not located in any municipal corporation, the    79           

county and township in which that place is located.                80           

      (b)  In case the vehicle is not so used, the district of     82           

registration is the municipal corporation or county in which the   83           

owner resides at the time of making the application.               84           

      (4)  Whether the motor vehicle is a new or used motor        86           

vehicle;                                                           87           

      (5)  The date of purchase of the motor vehicle;              89           

      (6)  Whether the fees required to be paid for the            91           

registration or transfer of the motor vehicle, during the          92           

preceding registration year and during the preceding period of     93           

                                                          3      


                                                                 
the current registration year, have been paid.  Each application   94           

for registration shall be signed by the owner, directly or         95           

pursuant to obtaining a limited power of attorney authorized by    96           

the registrar for registration, or other document authorizing      97           

such signature.                                                    98           

      (7)  The owner's social security number, if assigned, or,    100          

where a motor vehicle to be registered is used for hire or         101          

principally in connection with any established business, the       102          

owner's federal taxpayer identification number.                    103          

      (B)  Each time the applicant first registers a motor         105          

vehicle in the applicant's name, the applicant shall present for   107          

inspection proper bills of sale or sworn statement of ownership,   108          

the originals of which have been filed with the clerk of the       109          

court of common pleas, or a certificate of the clerk certifying    110          

that such bills of sale or sworn statement of ownership have been  111          

filed with the clerk, or a certificate of title or a memorandum    112          

certificate showing title to the motor vehicle to be registered    113          

in the applicant.  When a motor vehicle inspection and             114          

maintenance program is in effect under section 3704.14 of the      115          

Revised Code and rules adopted under it, each application for      116          

registration for a vehicle required to be inspected under that     117          

section and those rules shall be accompanied by an inspection      118          

certificate for the motor vehicle issued in accordance with that   119          

section.  The application shall be refused if any of the           120          

following applies:                                                              

      (1)  The application is not in proper form.                  122          

      (2)  The application is prohibited from being accepted by    124          

division (D) of section 2935.27, division (A) of section           125          

2937.221, DIVISION (A) OF SECTION 4503.13, division (B) of         126          

section 4507.168, or division (B)(1) of section 4521.10 of the     127          

Revised Code.                                                                   

      (3)  When applicable, proper bills of sale or sworn          129          

statement of ownership or proper certificate thereof or            130          

certificate of title or memorandum certificate does not accompany  131          

                                                          4      


                                                                 
the application.                                                   132          

      (4)  All registration and transfer fees for the motor        134          

vehicle, for the preceding year or the preceding period of the     135          

current registration year, have not been paid.                     136          

      (5)  The owner or lessee does not have an inspection         138          

certificate for the motor vehicle as provided in section 3704.14   139          

of the Revised Code, and rules adopted under it, if that section   140          

is applicable.                                                     141          

      This section does not require the payment of license or      143          

registration taxes on a motor vehicle for any preceding year, or   144          

for any preceding period of a year, if the motor vehicle was not   145          

taxable for that preceding year or period under sections 4503.02,  146          

4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the     147          

Revised Code.  When a certificate of registration is issued upon   148          

the first registration of a motor vehicle by or on behalf of the   149          

owner, the official issuing the certificate shall indicate the     150          

issuance with a stamp on the certificate of title or memorandum    151          

certificate and on the inspection certificate for the motor        152          

vehicle, if any.  The official also shall indicate, by a stamp or  153          

by such other means as the registrar prescribes, on the            154          

registration certificate issued upon the first registration of a   155          

motor vehicle by or on behalf of the owner the odometer reading    156          

of the motor vehicle as shown in the odometer statement included   157          

in or attached to the certificate of title.  Upon each subsequent  158          

registration of the motor vehicle by or on behalf of the same      159          

owner, the official also shall so indicate the odometer reading    160          

of the motor vehicle as shown on the immediately preceding         161          

certificate of registration.                                       162          

      The registrar shall include in the permanent registration    164          

record of any vehicle required to be inspected under section       165          

3704.14 of the Revised Code the inspection certificate number      166          

from the inspection certificate that is presented at the time of   167          

registration of the vehicle as required under this division.       168          

      (C)  In addition, a charge of twenty-five cents shall be     170          

                                                          5      


                                                                 
made for each reflectorized safety license plate issued, and a     171          

single charge of twenty-five cents shall be made for each county   172          

identification sticker or each set of county identification        174          

stickers issued, as the case may be, to cover the cost of          175          

producing the license plates and stickers, including material,     176          

manufacturing, and administrative costs.  Those fees shall be in   177          

addition to the license tax.  If the total cost of producing the   178          

plates is less than twenty-five cents per plate, or if the total   179          

cost of producing the stickers is less than twenty-five cents per  180          

sticker or per set issued, any excess moneys accruing from the     181          

fees shall be distributed in the same manner as provided by        182          

section 4501.04 of the Revised Code for the distribution of        183          

license tax moneys.  If the total cost of producing the plates     184          

exceeds twenty-five cents per plate, or if the total cost of       185          

producing the stickers exceeds twenty-five cents per sticker or    186          

per set issued, the difference shall be paid from the license tax  188          

moneys collected pursuant to section 4503.02 of the Revised Code.  189          

      (D)  Each deputy registrar shall be allowed a fee of two     191          

dollars and twenty-five cents for each application for             192          

registration and registration renewal notice the deputy registrar  194          

receives, which shall be for the purpose of compensating the       195          

deputy registrar for the deputy registrar's deputy's services,     196          

and such office and rental expenses, as may be necessary for the   198          

proper discharge of the deputy registrar's deputy's duties in the  200          

receiving of applications and renewal notices and the issuing of   201          

licenses.                                                          202          

      (E)  Upon the certification of the registrar, the county     204          

sheriff or local police officials shall recover license plates     205          

erroneously or fraudulently issued.                                206          

      (F)  Each deputy registrar, upon receipt of any application  208          

for registration or registration renewal notice, together with     209          

the license fee and any, township motor vehicle license tax,       210          

local motor vehicle license tax levied pursuant to Chapter 4504.   212          

of the Revised Code, shall transmit that fee and tax, if any, in   213          

                                                          6      


                                                                 
the manner provided in this section, together with the original    214          

and duplicate copy of the application, to the registrar.  The      215          

registrar, subject to the approval of the director of public       216          

safety, may deposit the funds collected by those deputies in a     217          

local bank or depository to the credit of the "state of Ohio,      218          

bureau of motor vehicles."  Where a local bank or depository has   220          

been designated by the registrar, each deputy registrar shall                   

deposit all moneys collected by the deputy registrar into that     221          

bank or depository not more than one business day after their      222          

collection and shall make reports to the registrar of the amounts  224          

so deposited, together with any other information, some of which   225          

may be prescribed by the treasurer of state, as the registrar may  226          

require and as prescribed by the registrar by rule.  The           227          

registrar, within three days after receipt of notification of the  228          

deposit of funds by a deputy registrar in a local bank or          229          

depository, shall draw on that account in favor of the treasurer   231          

of state.  The registrar, subject to the approval of the director  232          

and the treasurer of state, may make reasonable rules necessary    233          

for the prompt transmittal of fees and for safeguarding the        234          

interests of the state and of counties, townships, and municipal   235          

corporations, AND TRANSPORTATION IMPROVEMENT DISTRICTS levying     236          

county or township motor vehicle license taxes, township motor     237          

vehicle license taxes, or municipal LOCAL motor vehicle license    238          

taxes.  The registrar may pay service charges usually collected    241          

by banks and depositories for such service.  If deputy registrars  242          

are located in communities where banking facilities are not        244          

available, they shall transmit the fees forthwith, by money order  245          

or otherwise, as the registrar, by rule approved by the director   246          

and the treasurer of state, may prescribe.  The registrar may pay  247          

the usual and customary fees for such service.                     248          

      (G)  This section does not prevent any person from making    250          

an application for a motor vehicle license directly to the         251          

registrar upon payment of a two dollars and twenty-five cents      252          

service fee for each application.  Each deputy registrar shall     253          

                                                          7      


                                                                 
retain in the deputy registrar's deputy's office a copy of each    255          

application the deputy registrar receives for a period of three    257          

registration years.  This copy shall be for public examination,    258          

but no person may make copies thereof for sale or distribution.    259          

      (H)  No person shall make a false statement as to the        261          

district of registration in an application required by division    262          

(A) of this section.  Violation of this division is falsification  263          

under section 2921.13 of the Revised Code and punishable as        264          

specified in that section.                                         265          

      (I)(1)  Where applicable, the requirements of division (B)   267          

of this section relating to the presentation of an inspection      268          

certificate issued under section 3704.14 of the Revised Code and   269          

rules adopted under it for a motor vehicle, the refusal of a       270          

license for failure to present an inspection certificate, and the  271          

stamping of the inspection certificate by the official issuing     272          

the certificate of registration apply to the registration of and   273          

issuance of license plates for a motor vehicle under sections      274          

4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,  275          

4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,     276          

4503.47, and 4503.51 of the Revised Code.                          277          

      (2)(a)  The registrar shall adopt rules ensuring that each   279          

owner registering a motor vehicle in a county where a motor        280          

vehicle inspection and maintenance program is in effect under      281          

section 3704.14 of the Revised Code and rules adopted under it     282          

receives information about the requirements established in that    283          

section and those rules and about the need in those counties to    284          

present an inspection certificate with an application for          285          

registration or preregistration.                                   286          

      (b)  Upon request, the registrar shall provide the director  288          

of environmental protection, or any person that has been awarded   289          

a contract under division (D) of section 3704.14 of the Revised    290          

Code, an on-line computer data link to registration information    291          

for all passenger cars, noncommercial motor vehicles, and          292          

commercial cars that are subject to that section.  The registrar   293          

                                                          8      


                                                                 
also shall provide to the director of environmental protection a   294          

magnetic data tape containing registration information regarding   295          

passenger cars, noncommercial motor vehicles, and commercial cars  296          

for which a multi-year registration is in effect under section     297          

4503.103 of the Revised Code or rules adopted under it,            298          

including, without limitation, the date of issuance of the         299          

multi-year registration, the registration deadline established     300          

under rules adopted under section 4503.101 of the Revised Code     301          

that was applicable in the year in which the multi-year            302          

registration was issued, and the registration deadline for         303          

renewal of the multi-year registration.                            304          

      (J)  Application for registration under the international    306          

registration plan, as set forth in sections 4503.60 to 4503.66 of  307          

the Revised Code, shall be made to the registrar on forms          308          

furnished by the registrar.  In accordance with international      309          

registration plan guidelines and pursuant to rules adopted by the  310          

registrar, the forms shall include the following:                  311          

      (1)  A uniform mileage schedule;                             313          

      (2)  The gross vehicle weight of the vehicle or combined     315          

gross vehicle weight of the combination vehicle as declared by     316          

the registrant;                                                    317          

      (3)  Any other information the registrar requires by rule.   320          

      Sec. 4503.102.  (A)  The registrar of motor vehicles shall   329          

adopt rules to establish a centralized system of motor vehicle     330          

registration renewal by mail.  Any person owning a motor vehicle   331          

that was registered in his THE PERSON'S name during the preceding  333          

registration year shall renew the registration of the motor        334          

vehicle either by mail through the centralized system of           335          

registration established under this section or in person at a      336          

deputy registrar's office.                                                      

      (B)(1)  No less than forty-five days prior to the            338          

expiration date of any motor vehicle registration, the registrar   339          

shall mail a renewal notice to the person in whose name the motor  340          

vehicle is registered.  The renewal notice shall clearly state     341          

                                                          9      


                                                                 
that the registration of the motor vehicle may be renewed by mail  342          

through the centralized system of registration or in person at a   343          

deputy registrar's office and shall be preprinted with             344          

information including, but not limited to, the owner's name and    345          

residence address as shown in the records of the bureau of motor   346          

vehicles, a brief description of the motor vehicle to be           347          

registered, notice of the license taxes and fees due on the motor  348          

vehicle, the toll-free telephone number of the registrar as        349          

required under division (D)(1) of section 4503.031 of the Revised  350          

Code, and any additional information the registrar may require by  351          

rule.  The renewal notice shall be sent by regular mail to the     353          

owner's last known address as shown in the records of the bureau                

of motor vehicles.                                                 354          

      (2)  If the application for renewal of the registration of   357          

a motor vehicle is prohibited from being accepted by the           358          

registrar or a deputy registrar by division (D) of section         359          

2935.27, division (A) of section 2937.221, DIVISION (A) OF         360          

SECTION 4503.13, division (B) of section 4507.168, or division     362          

(B)(1) of section 4521.10 of the Revised Code, the registrar is                 

not required to send a renewal notice to the vehicle owner or      363          

vehicle lessee.                                                                 

      (C)  The owner of the motor vehicle shall verify the         365          

information contained in the notice, sign it, and return it, in    366          

person to a deputy registrar or by mail to the registrar,          367          

together with a credit card number, when permitted by rule of the  368          

registrar, check, or money order in the amount of the              369          

registration taxes and fees payable on the motor vehicle and a     370          

mail fee of two dollars and twenty-five cents plus postage as      371          

indicated on the notice, if the registration is renewed by mail,   372          

and an inspection certificate for the motor vehicle as provided    373          

in section 3704.14 of the Revised Code.                            374          

      (D)  If all registration and transfer fees for the motor     376          

vehicle for the preceding year or the preceding period of the      377          

current registration year have not been paid, if division (D) of   378          

                                                          10     


                                                                 
section 2935.27, division (A) of section 2937.221, DIVISION (A)    379          

OF SECTION 4503.13, division (B) of section 4507.168, or division  381          

(B)(1) of section 4521.10 of the Revised Code prohibits            382          

acceptance of the renewal notice, or if the owner or lessee does   384          

not have an inspection certificate for the motor vehicle as        385          

provided in section 3704.14 of the Revised Code, if that section   386          

is applicable, the license shall be refused and the registrar or   387          

deputy registrar shall so notify the owner.  This section does     388          

not require the payment of license or registration taxes on a      389          

motor vehicle for any preceding year, or for any preceding period  390          

of a year, if the motor vehicle was not taxable for that           391          

preceding year or period under section 4503.02, 4503.04, 4503.11,  392          

4503.12, or 4503.16 or Chapter 4504. of the Revised Code.          393          

      (E)(1)  Failure to receive a renewal notice does not         395          

relieve a motor vehicle owner from the responsibility to renew     397          

the registration for the motor vehicle.  Any person who has a      398          

motor vehicle registered in this state and who does not receive a  399          

renewal notice as provided in division (B) of this section prior   400          

to the expiration date of the registration shall request an        401          

application for registration from the registrar or a deputy        402          

registrar and return the signed application and any applicable     403          

license taxes and fees to the registrar or deputy registrar.       404          

      (2)  If the owner of a motor vehicle submits an application  406          

for registration and the registrar is prohibited by division (D)   407          

of section 2935.27, division (A) of section 2937.221, DIVISION     408          

(A) OF SECTION 4503.13, division (B) of section 4507.168, or       410          

division (B)(1) of section 4521.10 of the Revised Code from        411          

accepting the application, the registrar shall return the          412          

application and the payment to the owner and also shall include    413          

an explanatory notice as described in division (B)(2) of this      415          

section.                                                                        

      (F)  Every deputy registrar shall post in a prominent place  417          

at the deputy's office a notice informing the public of the mail   419          

registration system required by this section, and also shall post  420          

                                                          11     


                                                                 
a notice that every owner of a motor vehicle and every chauffeur   421          

holding a certificate of registration is required to notify the    422          

registrar in writing of any change of residence within ten days    423          

after the change occurs.  The notice shall be in such form as the  424          

registrar prescribes by rule.                                      425          

      (G)  The two dollars and twenty-five cents fee, plus         427          

postage and any credit card surcharge collected by the registrar   428          

for registration by mail, shall be paid to the credit of the       429          

central registration fund established by section 4501.14 of the    430          

Revised Code.                                                      431          

      (H)  No later than January 1, 1991, the registrar shall      433          

implement the initial phase of a credit card payment program       434          

permitting payment of motor vehicle renewal registration taxes     435          

and fees by means of a credit card when such renewal is made by    436          

mail.  No later than January 1, 1993, the registrar shall          437          

implement the final phase of the credit card payment program       438          

permitting payment of motor vehicle registration taxes and fees,   439          

driver's license and commercial driver's license fees, and any     440          

other taxes, fees, or charges imposed or levied by the state       441          

relating to such registrations and licenses that are collected by  442          

the registrar or a deputy registrar by means of a credit card      443          

when such motor vehicle registrations, license applications, or    444          

other similar state-related transactions are made in person at     445          

the office of the registrar or at a deputy registrar's office.     446          

The registrar shall adopt rules as necessary for this purpose.     447          

No deputy registrar shall accept a credit card as payment for the  448          

purchase of any goods sold by the deputy registrar and any tax     449          

imposed by Chapter 5739. of the Revised Code on the sale of such   450          

goods.                                                             451          

      If a person uses a credit card to pay motor vehicle          453          

registration taxes or fees, license fees, or other similar taxes,  454          

fees, or charges imposed or levied by the state as provided in     455          

this section, a surcharge sufficient to pay the required service   456          

charge of the financial institution or credit card company shall   457          

                                                          12     


                                                                 
be paid by the person using the credit card.                       458          

      (I)  For persons who reside in counties where tailpipe       460          

emissions inspections are required under the motor vehicle         461          

inspection and maintenance program, the notice required by         462          

division (B) of this section shall also include the toll-free      463          

telephone number maintained by the Ohio environmental protection   464          

agency to provide information concerning the locations of          465          

emissions testing centers.                                         466          

      Sec. 4503.12.  Upon the transfer of ownership of a motor     475          

vehicle, the registration of the motor vehicle expires and the     477          

original owner immediately shall remove the license plates from    478          

the motor vehicle, except that:                                                 

      (A)  If a statutory merger or consolidation results in the   480          

transfer of ownership of a motor vehicle from a constituent        481          

corporation to the surviving corporation, or if the incorporation  483          

of a proprietorship or partnership results in the transfer of      484          

ownership of a motor vehicle from the proprietorship or            485          

partnership to the corporation, the registration shall be                       

continued upon the filing by the surviving or new corporation,     486          

within thirty days of such transfer, of an application for an      487          

amended certificate of registration, unless such registration is   488          

prohibited by division (D) of section 2935.27, division (A) of     489          

section 2937.221, division (B) of section 4507.168, or division    490          

(B)(1) of section 4521.10 of the Revised Code.  The application    492          

shall be accompanied by a service fee of two dollars and           493          

twenty-five cents, a transfer fee of one dollar, and the original  494          

certificate of registration.  Upon a proper filing, the registrar  495          

of motor vehicles shall issue an amended certificate of            496          

registration in the name of the new owner.                                      

      (B)  If the death of the owner of a motor vehicle results    498          

in the transfer of ownership of the motor vehicle to the           499          

surviving spouse of the owner or if a motor vehicle is owned by    500          

two persons under joint ownership with right of survivorship       501          

established under section 2106.17 of the Revised Code and one of   502          

                                                          13     


                                                                 
those persons dies, the registration shall be continued upon the   503          

filing by the surviving spouse of an application for an amended    504          

certificate of registration, unless such registration is           505          

prohibited by division (D) of section 2937.27 2935.27, division    507          

(A) of section 2937.221, DIVISION (A) OF SECTION 4503.13,          508          

division (B) of section 4507.168, or division (B)(1) of section    509          

4521.10 of the Revised Code.  The application shall be             512          

accompanied by a service fee of two dollars and twenty-five        513          

cents, a transfer fee of one dollar, the original certificate of   514          

registration, and, in relation to a motor vehicle that is owned    515          

by two persons under joint ownership with right of survivorship    516          

established under section 2106.17 of the Revised Code, by a copy   517          

of the certificate of title that specifies that the vehicle is     518          

owned under joint ownership with right of survivorship.  Upon a    519          

proper filing, the registrar shall issue an amended certificate    520          

of registration in the name of the surviving spouse.               521          

      (C)  If the original owner of a motor vehicle that has been  523          

transferred makes application for the registration of another      524          

motor vehicle at any time during the remainder of the              525          

registration period for which the transferred motor vehicle was    526          

registered, the owner, unless such registration is prohibited by   527          

division (D) of section 2935.27, division (A) of section           528          

2937.221, DIVISION (A) OF SECTION 4503.13, division (E) of         530          

section 4503.234, division (B) of section 4507.168, or division    531          

(B)(1) of section 4521.10 of the Revised Code, may file an         533          

application for transfer of the registration and, where            534          

applicable, the license plates, accompanied by a service fee of    535          

two dollars and twenty-five cents, a transfer fee of one dollar,   536          

and the original certificate of registration.  The transfer of     537          

the registration and, where applicable, the license plates from    538          

the motor vehicle for which they originally were issued to a       539          

succeeding motor vehicle purchased by the same person in whose     540          

name the original registration and license plates were issued      541          

shall be done within a period not to exceed thirty days.  During   542          

                                                          14     


                                                                 
that thirty-day period, the license plates from the motor vehicle               

for which they originally were issued may be displayed on the      543          

succeeding motor vehicle, and the succeeding motor vehicle may be  544          

operated on the public roads and highways in this state.           545          

      At the time of application for transfer, the registrar       547          

shall compute and collect the amount of tax due on the succeeding  548          

motor vehicle, based upon the amount that would be due on a new    549          

registration as of the date on which the transfer is made less a   550          

credit for the unused portion of the original registration         551          

beginning on that date.  If the credit exceeds the amount of tax   552          

due on the new registration, no refund shall be made.  In          553          

computing the amount of tax due and credits to be allowed under    554          

this division, the provisions of division (B) of section 4503.11   555          

of the Revised Code shall apply.  As to passenger cars,            556          

noncommercial vehicles, motor homes, and motorcycles, transfers    557          

within or between these classes of motor vehicles only shall be    558          

allowed.  If the succeeding motor vehicle is of a different class  559          

than the motor vehicle for which the registration originally was   560          

issued, new license plates also shall be issued upon the           561          

surrender of the license plates originally issued and payment of   562          

the fees provided in divisions (C) and (D) of section 4503.10 of   564          

the Revised Code.                                                  565          

      (D)  The owner of a commercial car having a gross vehicle    567          

weight or combined gross vehicle weight of more than ten thousand  568          

pounds may transfer the registration of that commercial car to     569          

another commercial car the owner owns without transferring         570          

ownership of the first commercial car, unless registration of the  572          

second commercial car is prohibited by division (D) of section     573          

2935.27, division (A) of section 2937.221, DIVISION (A) OF         574          

SECTION 4503.13, division (B) of section 4507.168, or division     575          

(B)(1) of section 4521.10 of the Revised Code.  At any time        577          

during the remainder of the registration period for which the      578          

first commercial car was registered, the owner may file an         579          

application for the transfer of the registration and, where        580          

                                                          15     


                                                                 
applicable, the license plates, accompanied by a service fee of    581          

two dollars and twenty-five cents, a transfer fee of one dollar,   582          

and the certificate of registration of the first commercial car.   583          

The amount of any tax due or credit to be allowed for a transfer   584          

of registration under this division shall be computed in           585          

accordance with division (C) of this section.                      586          

      No commercial car to which a registration is transferred     588          

under this division shall be operated on a public road or highway  589          

in this state until after the transfer of registration is          591          

completed in accordance with this division.                        592          

      (E)  Upon application to the registrar or a deputy           594          

registrar, a person who owns or leases a motor vehicle may         596          

transfer special license plates assigned to that vehicle to any    597          

other vehicle that the person owns or leases or that is owned or   598          

leased by the person's spouse.  The application shall be           599          

accompanied by a service fee of two dollars and twenty-five        601          

cents, a transfer fee of one dollar, and the original certificate  602          

of registration.  As appropriate, the application also shall be    603          

accompanied by a power of attorney for the registration of a       604          

leased vehicle and a written statement releasing the special       605          

plates to the applicant.  Upon a proper filing, the registrar or   606          

deputy registrar shall assign the special license plates to the    607          

motor vehicle owned or leased by the applicant and issue a new     608          

certificate of registration for that motor vehicle.                609          

      As used in division (E) of this section, "special license    611          

plates" means either of the following:                             612          

      (1)  Any license plates for which the person to whom the     614          

license plates are issued must pay an additional fee in excess of  615          

the fees prescribed in section 4503.04 of the Revised Code,        616          

Chapter 4504. of the Revised Code, and the service fee prescribed  617          

in division (D) or (G) of section 4503.10 of the Revised Code;     618          

      (2)  License plates issued under section 4503.44 of the      620          

Revised Code.                                                      621          

      Sec. 4503.13.  (A)  A MUNICIPAL COURT OR COUNTY COURT, AT    623          

                                                          16     


                                                                 
THE COURT'S DISCRETION, MAY ORDER THE CLERK OF THE COURT TO SEND   626          

TO THE REGISTRAR OF MOTOR VEHICLES A REPORT CONTAINING THE NAME,                

ADDRESS, AND SUCH OTHER INFORMATION AS THE REGISTRAR MAY REQUIRE   628          

BY RULE, OF ANY PERSON FOR WHOM AN ARREST WARRANT HAS BEEN ISSUED  629          

BY THAT COURT AND IS OUTSTANDING.                                               

      UPON RECEIPT OF SUCH A REPORT, THE REGISTRAR SHALL ENTER     631          

THE INFORMATION CONTAINED IN THE REPORT INTO THE RECORDS OF THE    632          

BUREAU OF MOTOR VEHICLES, AND NEITHER THE REGISTRAR NOR ANY        633          

DEPUTY REGISTRAR SHALL ISSUE A CERTIFICATE OF REGISTRATION FOR A   634          

MOTOR VEHICLE IN THE NAME OF THE PERSON WHO IS NAMED IN THE                     

REPORT UNTIL THE REGISTRAR RECEIVES NOTIFICATION FROM THE          635          

MUNICIPAL COURT OR COUNTY COURT THAT THERE ARE NO OUTSTANDING      637          

ARREST WARRANTS IN THE NAME OF THE PERSON.  THE REGISTRAR ALSO                  

SHALL SEND A NOTICE TO THE PERSON WHO IS NAMED IN THE REPORT, VIA  638          

REGULAR FIRST CLASS MAIL SENT TO THE PERSON'S LAST KNOWN ADDRESS   639          

AS SHOWN IN THE RECORDS OF THE BUREAU, INFORMING THE PERSON THAT   640          

NEITHER THE REGISTRAR NOR ANY DEPUTY REGISTRAR IS PERMITTED TO     641          

ISSUE A CERTIFICATE OF REGISTRATION FOR A MOTOR VEHICLE IN THE     642          

NAME OF THE PERSON UNTIL THE REGISTRAR RECEIVES NOTIFICATION THAT  643          

THERE ARE NO OUTSTANDING ARREST WARRANTS IN THE NAME OF THE                     

PERSON.                                                            644          

      (B)  A CLERK WHO REPORTS AN OUTSTANDING ARREST WARRANT IN    647          

ACCORDANCE WITH DIVISION (A) OF THIS SECTION IMMEDIATELY SHALL     648          

NOTIFY THE REGISTRAR WHEN THE WARRANT HAS BEEN EXECUTED AND        649          

RETURNED TO THE ISSUING COURT OR HAS BEEN CANCELED.  THE CLERK     650          

SHALL CHARGE AND COLLECT FROM THE PERSON NAMED IN THE EXECUTED OR  651          

CANCELED ARREST WARRANT A PROCESSING FEE OF FIFTEEN DOLLARS TO     652          

COVER THE COSTS OF THE BUREAU IN ADMINISTERING THIS SECTION.  THE  653          

CLERK SHALL TRANSMIT MONTHLY ALL SUCH PROCESSING FEES TO THE                    

REGISTRAR FOR DEPOSIT INTO THE STATE BUREAU OF MOTOR VEHICLES      654          

FUND CREATED BY SECTION 4501.25 OF THE REVISED CODE.               655          

      UPON RECEIPT OF SUCH NOTIFICATION, THE REGISTRAR SHALL       658          

CAUSE THE REPORT OF THAT OUTSTANDING ARREST WARRANT TO BE REMOVED               

FROM THE RECORDS OF THE BUREAU AND, IF THERE ARE NO OTHER          659          

                                                          17     


                                                                 
OUTSTANDING ARREST WARRANTS ISSUED BY A MUNICIPAL COURT OR COUNTY  660          

COURT IN THE NAME OF THE PERSON AND THE PERSON OTHERWISE IS        661          

ELIGIBLE TO BE ISSUED A CERTIFICATE OF REGISTRATION FOR A MOTOR    662          

VEHICLE, THE REGISTRAR OR A DEPUTY REGISTRAR MAY ISSUE A           663          

CERTIFICATE OF REGISTRATION FOR A MOTOR VEHICLE IN THE NAME OF     665          

THE PERSON NAMED IN THE EXECUTED OR CANCELED ARREST WARRANT.                    

      (C)  NEITHER THE REGISTRAR, ANY EMPLOYEE OF THE BUREAU, A    668          

DEPUTY REGISTRAR, NOR ANY EMPLOYEE OF A DEPUTY REGISTRAR IS                     

PERSONALLY LIABLE FOR DAMAGES OR INJURIES RESULTING FROM ANY       669          

ERROR MADE BY A CLERK IN ENTERING INFORMATION CONTAINED IN A       670          

REPORT SUBMITTED TO THE REGISTRAR UNDER THIS SECTION.              671          

      (D)  ANY INFORMATION SUBMITTED TO THE REGISTRAR BY A CLERK   673          

UNDER THIS SECTION SHALL BE TRANSMITTED BY MEANS OF AN ELECTRONIC  674          

DATA TRANSFER SYSTEM.                                              675          

      Sec. 4507.08.  No driver's license shall be issued to any    684          

person under eighteen years of age, except that a probationary     685          

license may be issued to a person over sixteen years of age and a  686          

restricted license may be issued to a person who is fourteen or    687          

fifteen years of age upon proof of hardship satisfactory to the    688          

registrar of motor vehicles.  No probationary license shall be     689          

issued to any person under the age of eighteen who has been        690          

adjudicated an unruly or delinquent child or a juvenile traffic    691          

offender for having committed any act that if committed by an      692          

adult would be a drug abuse offense, as defined in section         693          

2925.01 of the Revised Code, a violation of division (B) of        694          

section 2917.11, or a violation of division (A) of section         695          

4511.19 of the Revised Code, unless the person has been required   696          

by the court to attend a drug abuse or alcohol abuse education,    697          

intervention, or treatment program specified by the court and has  698          

satisfactorily completed the program.                              699          

      No temporary instruction permit or driver's license shall    701          

be issued to any person whose license has been suspended, during   702          

the period for which the license was suspended, nor to any person  703          

whose license has been revoked, under sections 4507.01 to 4507.39  704          

                                                          18     


                                                                 
of the Revised Code, until the expiration of one year after the    705          

license was revoked.                                               706          

      No temporary instruction permit or driver's license shall    708          

be issued to any person whose commercial driver's license is       709          

suspended under section 1905.201, 2301.374, 4507.16, 4507.34,      710          

4507.99, 4511.191, or 4511.196 of the Revised Code or under any    711          

other provision of the Revised Code during the period of the       712          

suspension.                                                        713          

      NO TEMPORARY INSTRUCTION PERMIT OR DRIVER'S LICENSE SHALL    715          

BE ISSUED TO ANY PERSON WHEN ISSUANCE IS PROHIBITED BY DIVISION    716          

(A) OF SECTION 4507.091 OF THE REVISED CODE.                       717          

      No temporary instruction permit or driver's license shall    719          

be issued to, or retained by:                                      720          

      (A)  Any person who is an alcoholic, or is addicted to the   722          

use of controlled substances to the extent that the use            723          

constitutes an impairment to the person's ability to operate a     724          

motor vehicle with the required degree of safety;                  725          

      (B)  Any person who is under the age of eighteen and has     727          

been adjudicated an unruly or delinquent child or a juvenile       728          

traffic offender for having committed any act that if committed    729          

by an adult would be a drug abuse offense, as defined in section   730          

2925.01 of the Revised Code, a violation of division (B) of        731          

section 2917.11, or a violation of division (A) of section         732          

4511.19 of the Revised Code, unless the person has been required   733          

by the court to attend a drug abuse or alcohol abuse education,    734          

intervention, or treatment program specified by the court and has  735          

satisfactorily completed the program;                              736          

      (C)  Any person who, in the opinion of the registrar, is     738          

afflicted with or suffering from a physical or mental disability   739          

or disease that prevents the person from exercising reasonable     740          

and ordinary control over a motor vehicle while operating the      741          

vehicle upon the highways, except that a restricted license        742          

effective for six months may be issued to any person otherwise     743          

qualified who is or has been subject to any condition resulting    744          

                                                          19     


                                                                 
in episodic impairment of consciousness or loss of muscular        745          

control and whose condition, in the opinion of the registrar, is   746          

dormant or is sufficiently under medical control that the person   747          

is capable of exercising reasonable and ordinary control over a    748          

motor vehicle.  A restricted license effective for six months      749          

shall be issued to any person who is otherwise qualified who is    750          

subject to any condition which THAT causes episodic impairment of  751          

consciousness or a loss of muscular control if the person          753          

presents a statement from a licensed physician that the person's   754          

condition is under effective medical control and the period of     755          

time for which the control has been continuously maintained,       756          

unless, thereafter, a medical examination is ordered and,          757          

pursuant thereto, cause for denial is found.                       758          

      A person to whom a six-month restricted license has been     760          

issued shall give notice of the person's medical condition to the  761          

registrar on forms provided by the registrar and signed by the     762          

licensee's physician.  The notice shall be sent to the registrar   763          

six months after the issuance of the license.  Subsequent          764          

restricted licenses issued to the same individual shall be         765          

effective for six months.                                          766          

      (D)  Any person who is unable to understand highway          768          

warnings or traffic signs or directions given in the English       769          

language;                                                          770          

      (E)  Any person making an application whose driver's         772          

license or driving privileges are under revocation or suspension   773          

in the jurisdiction where issued or any other jurisdiction, until  774          

the expiration of one year after the license was revoked or until  775          

the period of suspension ends.  Any person whose application is    776          

denied under this division may file a petition in the municipal    777          

court or county court in whose jurisdiction the person resides     778          

agreeing to pay the cost of the proceedings and alleging that the  779          

conduct involved in the offense that resulted in suspension or     780          

revocation in the foreign jurisdiction would not have resulted in  781          

a suspension or revocation had the offense occurred in this        782          

                                                          20     


                                                                 
state.  If the petition is granted, petitioner shall notify the    783          

registrar of motor vehicles by a certified copy of the court's     784          

findings and a license shall not be denied under this division;.   785          

      (F)  Any person whose driver's or commercial driver's        787          

license or permit has been permanently revoked pursuant to         788          

division (C) of section 4507.16 of the Revised Code.               789          

      Sec. 4507.09.  (A)  Except as provided in division (B) of    798          

this section, every driver's license expires on the birthday of    801          

the applicant in the fourth year after the date it is issued, but  802          

in no event shall any such license be issued for a period longer   803          

than four years.                                                                

      Subject to the requirements of section 4507.12 of the        805          

Revised Code, every driver's license is renewable within sixty     807          

days prior to its expiration upon payment of the fees as required  808          

by law, except that any license of an Ohio resident who will be    809          

temporarily out-of-state is renewable at any time prior to its     810          

expiration.  No refund shall be made or credit given for the       811          

unexpired portion of the driver's license that is renewed.  The    812          

registrar of motor vehicles shall notify each person whose         814          

driver's license has expired within forty-five days after the      815          

date of expiration. Notification shall be made by regular mail     816          

sent to the person's last known address as shown in the records    817          

of the bureau of motor vehicles.  Failure to provide such          818          

notification shall not be construed as a renewal or extension of   819          

any license.  The registrar may issue rules permitting the use     820          

and display of drivers' licenses at any time not to exceed sixty   821          

days prior to the next succeeding birthday of the applicant.  For  822          

the purposes of this section, the date of birth of any applicant   824          

born on the twenty-ninth day of February shall be deemed to be     825          

the first day of March in any year in which there is no                         

twenty-ninth day of February.                                      827          

      The registrar may require an application for license         829          

renewal submitted by a resident who will be temporarily            830          

out-of-state to be accompanied by an affidavit, in a form          831          

                                                          21     


                                                                 
prescribed by the registrar, certifying that the resident will be  833          

temporarily out-of-state at the time the resident's license will   834          

expire.                                                            835          

      (B)  Every driver's license or renewal of a driver's         837          

license issued to an applicant who is sixteen years of age or      838          

older, but less than twenty-one years of age, expires on the       840          

twenty-first birthday of the applicant.                            841          

      (C)  Each person licensed as a driver under this chapter     843          

shall notify the registrar of any change in the person's address   844          

within ten days following that change.  The notification shall be  845          

in writing on a form provided by the registrar and shall include   846          

the full name, date of birth, license number, county of            847          

residence, social security number, and new address of the person.  848          

      (D)  NO DRIVER'S LICENSE SHALL BE RENEWED WHEN RENEWAL IS    850          

PROHIBITED BY DIVISION (A) OF SECTION 4507.091 OF THE REVISED      852          

CODE.                                                                           

      Sec. 4507.091.  (A)  A MUNICIPAL COURT OR COUNTY COURT, AT   854          

THE COURT'S DISCRETION, MAY ORDER THE CLERK OF THE COURT TO SEND   857          

TO THE REGISTRAR OF MOTOR VEHICLES A REPORT CONTAINING THE NAME,                

ADDRESS, AND SUCH OTHER INFORMATION AS THE REGISTRAR MAY REQUIRE   859          

BY RULE, OF ANY PERSON FOR WHOM AN ARREST WARRANT HAS BEEN ISSUED  860          

BY THAT COURT AND IS OUTSTANDING.                                               

      UPON RECEIPT OF SUCH A REPORT, THE REGISTRAR SHALL ENTER     862          

THE INFORMATION CONTAINED IN THE REPORT INTO THE RECORDS OF THE    863          

BUREAU OF MOTOR VEHICLES, AND NEITHER THE REGISTRAR NOR ANY        864          

DEPUTY REGISTRAR SHALL ISSUE A TEMPORARY INSTRUCTION PERMIT OR     865          

DRIVER'S OR COMMERCIAL DRIVER'S LICENSE TO THE PERSON NAMED IN     866          

THE REPORT, OR RENEW THE DRIVER'S OR COMMERCIAL DRIVER'S LICENSE                

OF SUCH PERSON, UNTIL THE REGISTRAR RECEIVES NOTIFICATION FROM     867          

THE MUNICIPAL COURT OR COUNTY COURT THAT THERE ARE NO OUTSTANDING  869          

ARREST WARRANTS IN THE NAME OF THE PERSON.  THE REGISTRAR ALSO                  

SHALL SEND A NOTICE TO THE PERSON WHO IS NAMED IN THE REPORT, VIA  870          

REGULAR FIRST CLASS MAIL SENT TO THE PERSON'S LAST KNOWN ADDRESS   871          

AS SHOWN IN THE RECORDS OF THE BUREAU, INFORMING THE PERSON THAT   872          

                                                          22     


                                                                 
NEITHER THE REGISTRAR NOR ANY DEPUTY REGISTRAR IS PERMITTED TO     873          

ISSUE A TEMPORARY INSTRUCTION PERMIT OR DRIVER'S OR COMMERCIAL     874          

DRIVER'S LICENSE TO THE PERSON, OR RENEW THE DRIVER'S OR           875          

COMMERCIAL DRIVER'S LICENSE OF THE PERSON, UNTIL THE REGISTRAR                  

RECEIVES NOTIFICATION THAT THERE ARE NO OUTSTANDING ARREST         876          

WARRANTS IN THE NAME OF THE PERSON.                                877          

      (B)  A CLERK WHO REPORTS AN OUTSTANDING ARREST WARRANT IN    880          

ACCORDANCE WITH DIVISION (A) OF THIS SECTION IMMEDIATELY SHALL     881          

NOTIFY THE REGISTRAR WHEN THE WARRANT HAS BEEN EXECUTED AND        882          

RETURNED TO THE ISSUING COURT OR HAS BEEN CANCELED.  THE CLERK     883          

SHALL CHARGE AND COLLECT FROM THE PERSON NAMED IN THE EXECUTED OR  884          

CANCELED ARREST WARRANT A PROCESSING FEE OF FIFTEEN DOLLARS TO     885          

COVER THE COSTS OF THE BUREAU IN ADMINISTERING THIS SECTION.  THE  886          

CLERK SHALL TRANSMIT MONTHLY ALL SUCH PROCESSING FEES TO THE                    

REGISTRAR FOR DEPOSIT INTO THE STATE BUREAU OF MOTOR VEHICLES      887          

FUND CREATED BY SECTION 4501.25 OF THE REVISED CODE.               888          

      UPON RECEIPT OF SUCH NOTIFICATION, THE REGISTRAR SHALL       891          

CAUSE THE REPORT OF THAT OUTSTANDING ARREST WARRANT TO BE REMOVED               

FROM THE RECORDS OF THE BUREAU AND, IF THERE ARE NO OTHER          892          

OUTSTANDING ARREST WARRANTS ISSUED BY A MUNICIPAL COURT OR COUNTY  893          

COURT IN THE NAME OF THE PERSON AND THE PERSON OTHERWISE IS        894          

ELIGIBLE TO BE ISSUED A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE    895          

OR TO HAVE SUCH A LICENSE RENEWED, THE REGISTRAR OR A DEPUTY       896          

REGISTRAR MAY ISSUE A DRIVER'S LICENSE OR COMMERCIAL DRIVER'S      897          

LICENSE TO THE PERSON NAMED IN THE EXECUTED OR CANCELED ARREST     898          

WARRANT, OR RENEW THE DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OF                

SUCH PERSON.                                                       899          

      (C)  NEITHER THE REGISTRAR, ANY EMPLOYEE OF THE BUREAU, A    902          

DEPUTY REGISTRAR, NOR ANY EMPLOYEE OF A DEPUTY REGISTRAR IS                     

PERSONALLY LIABLE FOR DAMAGES OR INJURIES RESULTING FROM ANY       903          

ERROR MADE BY A CLERK IN ENTERING INFORMATION CONTAINED IN A       904          

REPORT SUBMITTED TO THE REGISTRAR UNDER THIS SECTION.              905          

      (D)  ANY INFORMATION SUBMITTED TO THE REGISTRAR BY A CLERK   907          

UNDER THIS SECTION SHALL BE TRANSMITTED BY MEANS OF AN ELECTRONIC  908          

                                                          23     


                                                                 
DATA TRANSFER SYSTEM.                                              909          

      Section 2.  That existing sections 4503.10, 4503.102,        911          

4503.12, 4507.08, and 4507.09 of the Revised Code are hereby       912          

repealed.                                                                       

      Section 3.  Sections 1 and 2 of this act shall take effect   914          

six months after the effective date of this act.                   915          

      Section 4.  Section 4503.10 of the Revised Code is           917          

presented in this act as a composite of the section as amended by  918          

both Am. Sub. H.B. 353 and Am. Sub. S.B. 121 of the 121st General  919          

Assembly, with the new language of neither of the acts shown in    920          

capital letters.  Section 4503.12 of the Revised Code is           921          

presented in this act as a composite of the section as amended by  922          

both Am. Sub. H.B. 353 and Am. Sub. S.B. 121 of the 121st General  923          

Assembly, with the new language of neither of the acts shown in    924          

capital letters.  This is in recognition of the principle stated   926          

in division (B) of section 1.52 of the Revised Code that such                   

amendments are to be harmonized where not substantively            927          

irreconcilable and constitutes a legislative finding that such is  928          

the resulting version in effect prior to the effective date of     929          

this act.