As Introduced                            1            

122nd General Assembly                                             4            

   Regular Session                                   H. B. No. 39  5            

      1997-1998                                                    6            


REPRESENTATIVES MOTTLEY-BATCHELDER-GARDNER-HARRIS-SHOEMAKER-PADGETT-  8            

 SCHULER-HAGAN-THOMAS-CATES-VESPER-TERWILLEGER-KRUPINSKI-LEWIS-    9            

   OLMAN-WHALEN-PRINGLE-MALLORY-NETZLEY-BOYD-BRITTON-LAWRENCE-     10           

   LUCAS-BUCHY-REID-BATEMAN-OPFER-MYERS-ROMAN-MEAD-TAYLOR-FOX      11           


                                                                   13           

                           A   B I L L                                          

             To amend section 4505.06 of the Revised Code to       15           

                authorize the clerks of the courts of common       16           

                pleas to accept additional methods of  payment     17           

                for motor vehicle title taxes and to establish     18           

                procedures to ensure collection of the funds.      19           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        21           

      Section 1.  That section 4505.06 of the Revised Code be      23           

amended to read as follows:                                        24           

      Sec. 4505.06.  (A)  Application for a certificate of title   33           

shall be made upon a form prescribed by the registrar of motor     34           

vehicles, and shall be sworn to before a notary public or other    35           

officer empowered to administer oaths.  The application shall be   36           

filed with the clerk of the court of common pleas of the county    37           

in which the applicant resides if the applicant is a resident of   38           

this state or, if not a resident, in the county in which the       39           

transaction is consummated.  The application shall be accompanied  40           

by the fee prescribed in section 4505.09 of the Revised Code; and  41           

if a certificate of title previously has been issued for the       42           

motor vehicle in this state, it shall be accompanied by that       43           

certificate of title duly assigned, unless otherwise provided in   44           

this chapter.  If a certificate of title previously has not been   45           

issued for the motor vehicle in this state, the application,       46           

unless otherwise provided in this chapter, shall be accompanied    47           

                                                          2      

                                                                 
by a manufacturer's or importer's certificate or by a certificate  48           

of title, bill of sale, or other evidence of ownership required    50           

by the law of another state from which the motor vehicle was       51           

brought into this state.  If the application refers to a motor     52           

vehicle last previously registered in another state, the           53           

application also shall be accompanied by the physical inspection   54           

certificate required by section 4505.061 of the Revised Code.  If  55           

the application is made by two persons regarding a motor vehicle   56           

in which they wish to establish joint ownership with right of      57           

survivorship they may do so as provided in section 2106.17 of the  58           

Revised Code.  The clerk shall retain the evidence of title        59           

presented by the applicant and on which the certificate of title   60           

is issued.  The clerk shall use reasonable diligence in            61           

ascertaining whether or not the facts in the application are true  62           

by checking the application and documents accompanying it with     63           

the records of motor vehicles in the clerk's office; if satisfied  64           

that the applicant is the owner of the motor vehicle and that the  65           

application is in the proper form, the clerk, within five          66           

business days after the application is filed, shall issue a                     

certificate of title over the clerk's signature and sealed with    68           

the clerk's seal.  For purposes of the transfer of a certificate                

of title, if the clerk is satisfied that the secured party has     69           

duly discharged a lien notation, but has not canceled the lien     70           

notation with the clerk of the county of origin, the clerk may     71           

cancel the lien notation on the automated title processing system  72           

and notify the clerk of the county of origin.                      73           

      In the case of the sale of a motor vehicle by a dealer or a  75           

manufactured home broker to a general buyer or user, the           76           

certificate of title shall be obtained in the name of the buyer    77           

by the dealer or the manufactured home broker upon application     78           

signed by the buyer, and shall be issued within five business      79           

days after the application for title is filed with the clerk.      80           

      In all other cases, except as provided in division (D)(2)    82           

of section 4505.11 of the Revised Code, such certificates shall    83           

                                                          3      

                                                                 
be obtained by the buyer.  In all cases of transfer of a motor     85           

vehicle, the application for certificate of title shall be filed   86           

within thirty days after the assignment or delivery of the motor   87           

vehicle.  If an application for a certificate of title is not      88           

filed within that period, the clerk shall collect a fee of five    89           

dollars for the issuance of the certificate, except that no such   90           

fee shall be required from a motor vehicle salvage dealer, as      91           

defined in division (A) of section 4738.01 of the Revised Code,    92           

who immediately surrenders the certificate of title for                         

cancellation.  The fee shall be in addition to all other fees      93           

established by this chapter, and shall be retained by the clerk.   94           

The registrar shall provide, on the certificate of title form      95           

prescribed by section 4505.07 of the Revised Code, language        96           

necessary to give evidence of the date on which the assignment or  97           

delivery of the motor vehicle was made.                            98           

      (B)  The clerk, except as provided in this section, shall    100          

refuse to accept for filing any application for a certificate of   101          

title and shall refuse to issue a certificate of title unless the  102          

dealer or manufactured home broker or the applicant, in cases in   103          

which the certificate shall be obtained by the buyer, submits      104          

with the application payment of the tax levied by or pursuant to   105          

Chapters 5739. and 5741. of the Revised Code by cash, certified    106          

check, draft, or money order payable to the clerk,.  The clerk     107          

also may accept payment by a corporate check of a new motor        108          

vehicle dealer licensed under Chapter 4517. of the Revised Code.   109          

Upon payment of the tax IN ACCORDANCE WITH DIVISION (E) OF THIS    110          

SECTION, the clerk shall issue a receipt prescribed by the         111          

registrar and agreed upon by the tax commissioner showing payment  112          

of the tax or a receipt issued by the commissioner showing the     113          

payment of the tax.  When submitting payment of the tax to the     114          

clerk, a dealer shall retain any discount to which the dealer is                

entitled under section 5739.12 of the Revised Code.                115          

      For receiving and disbursing such taxes paid to the clerk,   117          

the clerk may retain a poundage fee of one and one one-hundredth   118          

                                                          4      

                                                                 
per cent, which shall be paid into the certificate of title        119          

administration fund created by section 325.33 of the Revised       121          

Code.                                                                           

      In the case of casual sales of motor vehicles, as defined    123          

in section 4517.01 of the Revised Code, the price for the purpose  125          

of determining the tax shall be the purchase price on the          126          

assigned certificate of title executed by the seller and filed     127          

with the clerk by the buyer on a form to be prescribed by the      128          

registrar, which shall be prima-facie evidence of the amount for   129          

the determination of the tax.                                                   

      (C)(1)  If the transferor indicates on the certificate of    131          

title that the odometer reflects mileage in excess of the          132          

designed mechanical limit of the odometer, the clerk shall enter   133          

the phrase "exceeds mechanical limits" following the mileage       134          

designation.  If the transferor indicates on the certificate of    135          

title that the odometer reading is not the actual mileage, the     136          

clerk shall enter the phrase "nonactual: warning - odometer        138          

discrepancy" following the mileage designation.  The clerk shall                

use reasonable care in transferring the information supplied by    140          

the transferor, but is not liable for any errors or omissions of   141          

the clerk or those of the clerk's deputies in the performance of   142          

the clerk's duties created by this chapter.                                     

      The registrar shall prescribe an affidavit in which the      144          

transferor shall swear to the true selling price and, except as    145          

provided in this division, the true odometer reading of the motor  146          

vehicle.  The registrar may prescribe an affidavit in which the    147          

seller and buyer provide information pertaining to the odometer    148          

reading of the motor vehicle in addition to that required by this  149          

section, as such information may be required by the United States  150          

secretary of transportation by rule prescribed under authority of  151          

subchapter IV of the "Motor Vehicle Information and Cost Savings   152          

Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.                         153          

      (2)  Division (C)(1) of this section does not require the    156          

giving of information concerning the odometer and odometer         157          

                                                          5      

                                                                 
reading of a motor vehicle when ownership of a motor vehicle is    158          

being transferred as a result of a bequest, under the laws of      159          

intestate succession, to a surviving spouse pursuant to section    160          

2106.17, 2106.18, or 4505.10 of the Revised Code, or in            161          

connection with the creation of a security interest.               162          

      (D)  When the transfer to the applicant was made in some     164          

other state or in interstate commerce, the clerk, except as        165          

provided in this section, shall refuse to issue any certificate    166          

of title unless the tax imposed by or pursuant to Chapter 5741.    168          

of the Revised Code has been paid as evidenced by a receipt        169          

issued by the tax commissioner, or unless the applicant submits    170          

with the application payment of the tax by cash, certified check,  171          

draft, or money order payable to.  UPON PAYMENT OF THE TAX IN      172          

ACCORDANCE WITH DIVISION (E) OF THIS SECTION, the clerk, who       173          

shall issue a receipt prescribed by the registrar and agreed upon  175          

by the tax commissioner, showing payment of the tax.  For          176          

receiving and disbursing such taxes paid to the clerk, the clerk   177          

may retain a poundage fee of one per cent.  When the vendor is     178          

not regularly engaged in the business of selling motor vehicles,   179          

the vendor shall not be required to purchase a vendor's license    180          

or make reports concerning such sales.                                          

      (E)  THE CLERK SHALL ACCEPT ANY PAYMENT OF A TAX IN CASH,    182          

OR BY CERTIFIED CHECK, DRAFT, OR MONEY ORDER PAYABLE TO THE CLERK  183          

AND SUBMITTED WITH AN APPLICATION FOR A CERTIFICATE OF TITLE       185          

UNDER DIVISION (B) OR (D) OF THIS SECTION.  THE CLERK ALSO MAY     186          

ACCEPT PAYMENT OF THE TAX BY CORPORATE, BUSINESS, OR PERSONAL      187          

CHECK, CREDIT CARD, ELECTRONIC TRANSFER CARD, DEBIT CARD, OR ANY   188          

OTHER ACCEPTED FORM OF PAYMENT MADE PAYABLE TO THE CLERK.  THE     189          

CLERK MAY REQUIRE BONDS, GUARANTEES, OR LETTERS OF CREDIT TO       191          

ENSURE THE COLLECTION OF CORPORATE, BUSINESS, OR PERSONAL CHECKS.  192          

ANY SERVICE FEE CHARGED FOR THE USE OF ANY FORM OF PAYMENT SHALL                

BE ASSESSED BY THE CLERK UPON THE APPLICANT AS AN ADDITIONAL FEE;  193          

UPON COLLECTION, THE ADDITIONAL FEES SHALL BE PAID BY THE CLERK    195          

INTO THE CERTIFICATE OF TITLE ADMINISTRATION FUND CREATED IN       196          

                                                          6      

                                                                 
SECTION 325.33 OF THE REVISED CODE.                                197          

      THE CLERK SHALL MAKE A GOOD FAITH EFFORT TO COLLECT ANY      199          

PAYMENT OF TAXES DUE BUT NOT MADE BECAUSE THE PAYMENT WAS          200          

RETURNED OR DISHONORED, BUT THE CLERK IS NOT PERSONALLY LIABLE     201          

FOR THE PAYMENT OF UNCOLLECTED TAXES.  THE CLERK SHALL NOTIFY THE  203          

TAX COMMISSIONER OF ANY SUCH PAYMENT OF TAXES THAT IS DUE BUT NOT               

MADE AND SHALL DEDUCT THAT AMOUNT FROM THE CLERK'S PERIODIC        204          

REMITTANCE OF TAX PAYMENTS.  THE COMMISSIONER SHALL CERTIFY THE    205          

AMOUNT OF THE UNCOLLECTED TAXES TO THE ATTORNEY GENERAL FOR        206          

COLLECTION IN THE SAME MANNER AS OTHER DEBTS OWED TO THE STATE.    207          

      ANY PERSON WHO PRESENTS PAYMENT THAT IS RETURNED OR          209          

DISHONORED FOR ANY REASON IS LIABLE TO THE CLERK FOR PAYMENT OF A  210          

PENALTY OVER AND ABOVE THE AMOUNT OF THE TAXES DUE.  THE CLERK     211          

SHALL DETERMINE THE AMOUNT OF THE PENALTY, WHICH SHALL BE NO       212          

GREATER THAN THAT AMOUNT NECESSARY TO COMPENSATE THE CLERK FOR     213          

BANKING CHARGES, LEGAL FEES, OR OTHER EXPENSES INCURRED BY THE                  

CLERK IN COLLECTING THE RETURNED OR DISHONORED PAYMENT.  THE       214          

REMEDIES AND PROCEDURES PROVIDED IN THIS SECTION ARE IN ADDITION   215          

TO ANY OTHER AVAILABLE CIVIL OR CRIMINAL REMEDIES.                 216          

      THE CLERK ALSO MAY NOTIFY THE REGISTRAR OF ANY TAXES DUE     218          

BUT NOT MADE BECAUSE OF A RETURNED OR DISHONORED PAYMENT AND THE   219          

REGISTRAR SHALL CANCEL THE REGISTRATION OF ANY MOTOR VEHICLE       220          

OWNED BY THE PERSON OWING THE TAXES UNTIL THE TAXES AND ALL        222          

PENALTIES INCURRED HAVE BEEN PAID IN FULL.  THE REGISTRAR SHALL                 

ASSESS A FIVE DOLLAR PROCESSING FEE FOR REINSTATEMENT OF ANY       223          

CANCELED REGISTRATION TO COVER THE COSTS OF THE BUREAU OF MOTOR    224          

VEHICLES IN ADMINISTERING THIS SECTION.  SUBSEQUENTLY COLLECTED    225          

PENALTIES, POUNDAGE, AND TITLE FEES, LESS ANY TITLE FEE DUE THE    227          

STATE, FROM RETURNED OR DISHONORED PAYMENTS COLLECTED BY THE       228          

CLERK SHALL BE PAID INTO THE CERTIFICATE OF TITLE ADMINISTRATION                

FUND.  SUBSEQUENTLY COLLECTED TAXES, LESS POUNDAGE, SHALL BE SENT  229          

BY THE CLERK TO THE TREASURER OF STATE AT THE NEXT SCHEDULED       230          

PERIODIC REMITTANCE OF TAX PAYMENTS, WITH SUCH INFORMATION AS THE  231          

COMMISSIONER MAY REQUIRE.  THE CLERK MAY ABATE ALL OR ANY PART OF  232          

                                                          7      

                                                                 
ANY PENALTY ASSESSED UNDER DIVISION (E) OF THIS SECTION.           233          

      (F)  In the following cases, the clerk shall accept for      235          

filing such application and shall issue a certificate of title     236          

without requiring payment or evidence of payment of the tax:       237          

      (1)  When the purchaser is this state or any of its          239          

political subdivisions, a church, or an organization whose         240          

purchases are exempted by section 5739.02 of the Revised Code;     241          

      (2)  When the transaction in this state is not a retail      243          

sale as defined by section 5739.01 of the Revised Code;            244          

      (3)  When the purchase is outside this state or in           246          

interstate commerce and the purpose of the purchaser is not to     247          

use, store, or consume within the meaning of section 5741.01 of    248          

the Revised Code;                                                  249          

      (4)  When the purchaser is the federal government;           251          

      (5)  When the motor vehicle was purchased outside this       253          

state for use outside this state;                                  254          

      (6)  When the motor vehicle is purchased by a nonresident    256          

of this state for immediate removal from this state, and will be   257          

permanently titled and registered in another state, as provided    258          

by division (B)(23) of section 5739.02 of the Revised Code, and    259          

upon presentation of a copy of the affidavit provided by that      260          

section, and a copy of the exemption certificate provided by       261          

section 5739.03 of the Revised Code.                               262          

      The clerk shall forward all payments of taxes, less          264          

poundage fee, to the treasurer of state in a manner to be          265          

prescribed by the tax commissioner and shall furnish such          266          

information to the commissioner as the commissioner requires.      267          

      (F)(G)  An application, as prescribed by the registrar and   270          

agreed to by the tax commissioner, shall be filled out and sworn                

to by the buyer of a motor vehicle in a casual sale.  The          271          

application shall contain the following notice in bold lettering:  272          

"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER):  You     273          

are required by law to state the true selling price.  A false      274          

statement is in violation of section 2921.13 of the Revised Code   276          

                                                          8      

                                                                 
and is punishable by six months imprisonment or a fine of up to    277          

one thousand dollars, or both.  All transfers are audited by the   278          

department of taxation.  The seller and buyer must provide any     279          

information requested by the department of taxation.  The buyer                 

may be assessed any additional tax found to be due."               280          

      Section 2.  That existing section 4505.06 of the Revised     283          

Code is hereby repealed.                                           284          

      Section 3.  Section 4505.06 of the Revised Code is           286          

presented in this act as a composite of the section as amended by  287          

both Am. Sub. H.B. 353 and Am. Sub. S.B. 182 of the 121st General  288          

Assembly, with the new language of neither of the acts shown in    290          

capital letters.  This is in recognition of the principle stated   291          

in division (B) of section 1.52 of the Revised Code that such      292          

amendments are to be harmonized where not substantively            293          

irreconcilable and constitutes a legislative finding that such is  294          

the resulting version in effect prior to the effective date of     295          

this act.