SENATOR Jacobson

To amend sections 1339.66, 1339.68, 1340.22, 1547.54,

1

1548.07, 1548.071, 1548.08, 1548.11, 2105.39,

2

2106.18, 2107.27, 2107.28, 2109.62, 2113.30,

3

2113.61, 2117.25, 4503.12, 4505.06, 4505.10,

4

4549.08, and 4549.41; to amend, for the purpose of

5

adopting a new section number as indicated in

6

parentheses, section 2106.17 (2131.12); and to

7

enact sections 1548.072, 2107.06, 2131.13,

8

2305.121, and 3923.061 of the Revised Code relative

9

to the valuation limit for termination of small

10

trusts; transfer on death of a motor vehicle,

11

watercraft, or outboard motor; reimbursement for

12

payment of a decedent's debt; issuance of a

13

certificate of transfer of real property;

14

continuing a decedent's business after death;

15

establishing an age requirement to witness a will;

16

discretionary distributions by a fiduciary; lost,

17

spoliated, or destroyed wills; statute of

18

limitations for certain revocable trusts; interest

19

on proceeds of sickness and accident insurance

20

policies due to death; the prospective application

21

of Am. Sub. H.B. 242 of the 124th General Assembly;

22

and to declare an emergency.

23

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

Section 1. That sections 1339.66, 1339.68, 1340.22, 1547.54,	24
1548.07, 1548.071, 1548.08, 1548.11, 2106.18, 2107.27, 2107.28,	25
2109.62, 2113.30, 2113.61, 2117.25, 4503.12, 4505.06, 4505.10,	26
4549.08, and 4549.41 be amended; section 2106.17 (2131.12) be	27
amended, for the purpose of adopting a new section number as	28
indicated in parentheses; and sections 1548.072, 2107.06, 2131.13,	29
2305.121, and 3923.061 of the Revised Code be enacted to read as	30
follows:	31

Sec. 1339.66.  (A)(1) Upon the filing of a motion by a	32
trustee with the court that has jurisdiction over the trust, upon	33
the provision of reasonable notice to all beneficiaries who are	34
known and in being and who have vested or contingent interests in	35
the trust, and after holding a hearing, the court may terminate	36
the trust, in whole or in part, if it determines that all of the	37
following apply:	38

(a) It is no longer economically feasible to continue the	39
trust;.	40

(b) The termination of the trust is for the benefit of the	41
beneficiaries;.	42

(c) The termination of the trust is equitable and	43
practical;.	44

(d) The current value of the trust is less than fiftyone	45
hundred thousand dollars.	46

(2) The existence of a spendthrift or similar provision in a	47
trust instrument or will does not preclude the termination of a	48
trust pursuant to this section.	49

(B) If property is to be distributed from an estate being	50
probated to a trust and the termination of the trust pursuant to	51
this section does not clearly defeat the intent of the testator,	52
the probate court has jurisdiction to order the outright	53
distribution of the property or to make the property custodial	54
property under sections 1339.31 to 1339.39 of the Revised Code. A	55
probate court may so order whether the application for the order	56
is made by an inter vivos trustee named in the will of the	57
decedent or by a testamentary trustee.	58

Sec. 1339.68.  (A) As used in this section:

59

(1) "Disclaimant" means any person, any guardian or personal	60
representative of a person or estate of a person, or any	61
attorney-in-fact or agent of a person having a general or specific	62
authority to act granted in a written instrument, who is any of	63
the following:	64

(a) With respect to testamentary instruments and intestate	65
succession, an heir, next of kin, devisee, legatee, donee, person	66
succeeding to a disclaimed interest, surviving joint tenant,	67
surviving tenant by the entireties, surviving tenant of a tenancy	68
with a right of survivorship, beneficiary under a testamentary	69
instrument, or person designated to take pursuant to a power of	70
appointment exercised by a testamentary instrument;	71

(b) With respect to nontestamentary instruments, a grantee,	72
donee, person succeeding to a disclaimed interest, surviving joint	73
tenant, surviving tenant by the entireties, surviving tenant of a	74
tenancy with a right of survivorship, beneficiary under a	75
nontestamentary instrument, or person designated to take pursuant	76
to a power of appointment exercised by a nontestamentary	77
instrument;	78

(c) With respect to fiduciary rights, privileges, powers,	79
and immunities, a fiduciary under a testamentary or	80
nontestamentary instrument. This section does not authorize a	81
fiduciary to disclaim the rights of beneficiaries unless the	82
instrument creating the fiduciary relationship authorizes such a	83
disclaimer.	84

(d) Any person entitled to take an interest in property upon	85
the death of a person or upon the occurrence of any other event.	86

(2) "Property" means all forms of property, real and	87
personal, tangible and intangible.	88

(B)(1) A disclaimant, other than a fiduciary under an	89
instrument who is not authorized by the instrument to disclaim the	90
interest of a beneficiary, may disclaim, in whole or in part, the	91
succession to any property by executing and by delivering, filing,	92
or recording a written disclaimer instrument in the manner	93
provided in this section.	94

(2) A disclaimant who is a fiduciary under an instrument may	95
disclaim, in whole or in part, any right, power, privilege, or	96
immunity, by executing and by delivering, filing, or recording a	97
written disclaimer instrument in the manner provided in this	98
section.	99

(3) The written instrument of disclaimer shall be signed and	100
acknowledged by the disclaimant and shall contain all of the	101
following:	102

(a) A reference to the donative instrument;

103

(b) A description of the property, part of property, or	104
interest disclaimed, and of any fiduciary right, power, privilege,	105
or immunity disclaimed;	106

(c) A declaration of the disclaimer and its extent.

107

(4) The guardian of the estate of a minor or an incompetent,	108
or the personal representative of a deceased person, with the	109
consent of the probate division of the court of common pleas, may	110
disclaim, in whole or in part, the succession to any property, or	111
interest in property, that the ward, if an adult and competent, or	112
the deceased, if living, might have disclaimed. The guardian or	113
personal representative, or any interested person may file an	114
application with the probate division of the court of common pleas	115
that has jurisdiction of the estate, asking that the court order	116
the guardian or personal representative to execute and deliver,	117
file, or record the disclaimer on behalf of the ward or estate.	118
The court shall order the guardian or personal representative to	119
execute and deliver, file, or record the disclaimer if the court	120
finds, upon hearing after notice to interested parties and such	121
other persons as the court shall direct, that:	122

(a) It is in the best interests of those interested in the	123
estate of the person and of those who will take the disclaimed	124
interest;	125

(b) It would not materially, adversely affect the minor or	126
incompetent, or the beneficiaries of the estate of the decedent,	127
taking into consideration other available resources and the age,	128
probable life expectancy, physical and mental condition, and	129
present and reasonably anticipated future needs of the minor or	130
incompetent or the beneficiaries of the estate of the decedent.	131

A written instrument of disclaimer ordered by the court under	132
this division shall be executed and be delivered, filed, or	133
recorded within the time and in the manner in which the person	134
could have disclaimed if the person were living, an adult, and	135
competent.	136

(C) A partial disclaimer of property that is subject to a	137
burdensome interest created by the donative instrument is not	138
effective unless the disclaimed property constitutes a gift that	139
is separate and distinct from undisclaimed gifts.	140

(D) The disclaimant shall deliver, file, or record the	141
disclaimer, or cause the same to be done, not later than nine	142
months after the latest of the following dates:	143

(1) The effective date of the donative instrument if both	144
the taker and the taker's interest in the property are finally	145
ascertained on that date;	146

(2) The date of the occurrence of the event upon which both	147
the taker and the taker's interest in the property become finally	148
ascertainable;	149

(3) The date on which the disclaimant attains twenty-one	150
years of age or is no longer an incompetent, without tendering or	151
repaying any benefit received while the disclaimant was under	152
twenty-one years of age or an incompetent, and even if a guardian	153
of a minor or incompetent had filed an application pursuant to	154
division (B)(4) of this section and the probate division of the	155
court of common pleas involved did not consent to the guardian	156
executing a disclaimer.	157

(E) No disclaimer instrument is effective under this section	158
if either of the following applies under the terms of the	159
disclaimer instrument:	160

(1) The disclaimant has power to revoke the disclaimer;.

161

(2) The disclaimant may transfer, or direct to be	162
transferred, to self the entire legal and equitable ownership of	163
the property subject to the disclaimer instrument.	164

(F)(1) Subject to division (F)(2) of this section, if the	165
interest disclaimed is created by a nontestamentary instrument,	166
the disclaimer instrument shall be delivered personally or by	167
certified mail to the trustee or other person who has legal title	168
to, or possession of, the property disclaimed.	169

(2) If the interest disclaimed is created by a testamentary	170
instrument, by intestate succession, or by a transfer on death	171
deed pursuant to section 5302.22 of the Revised Code, or by a	172
certificate of title to a motor vehicle, watercraft, or outboard	173
motor that evidences ownership of the motor vehicle, watercraft,	174
or outboard motor that is transferable on death pursuant to	175
section 2131.13 of the Revised Code, the disclaimer instrument	176
shall be filed in the probate division of the court of common	177
pleas in the county in which proceedings for the administration of	178
the decedent's estate have been commenced, and an executed copy of	179
the disclaimer instrument shall be delivered personally or by	180
certified mail to the personal representative of the decedent's	181
estate.	182

(3) If no proceedings for the administration of the	183
decedent's estate have been commenced, the disclaimer instrument	184
shall be filed in the probate division of the court of common	185
pleas in the county in which proceedings for the administration of	186
the decedent's estate might be commenced according to law. The	187
disclaimer instrument shall be filed and indexed, and fees	188
charged, in the same manner as provided by law for an application	189
to be appointed as personal representative to administer the	190
decedent's estate. The disclaimer is effective whether or not	191
proceedings thereafter are commenced to administer the decedent's	192
estate. If proceedings thereafter are commenced for the	193
administration of the decedent's estate, they shall be filed	194
under, or consolidated with, the case number assigned to the	195
disclaimer instrument.	196

(4) If an interest in real estate is disclaimed, an executed	197
copy of the disclaimer instrument also shall be recorded in the	198
office of the recorder of the county in which the real estate is	199
located. The disclaimer instrument shall include a description of	200
the real estate with sufficient certainty to identify it, and	201
shall contain a reference to the record of the instrument that	202
created the interest disclaimed. If title to the real estate is	203
registered under Chapters 5309. and 5310. of the Revised Code, the	204
disclaimer interest shall be entered as a memorial on the last	205
certificate of title. A spouse of a disclaimant has no dower or	206
other interest in the real estate disclaimed.	207

(G) Unless the donative instrument expressly provides that,	208
if there is a disclaimer, there shall not be any acceleration of	209
remainders or other interests, the property, part of property, or	210
interest in property disclaimed, and any future interest that is	211
to take effect in possession or enjoyment at or after the	212
termination of the interest disclaimed, shall descend, be	213
distributed, or otherwise be disposed of, and shall be	214
accelerated, in the following manner:	215

(1) If intestate or testate succession is disclaimed, as if	216
the disclaimant had predeceased the decedent;	217

(2) If the disclaimant is one designated to take pursuant to	218
a power of appointment exercised by a testamentary instrument, as	219
if the disclaimant had predeceased the donee of the power;	220

(3) If the donative instrument is a nontestamentary	221
instrument, as if the disclaimant had died before the effective	222
date of the nontestamentary instrument;	223

(4) If the disclaimer is of a fiduciary right, power,	224
privilege, or immunity, as if the right, power, privilege, or	225
immunity was never in the donative instrument.	226

(H) A disclaimer pursuant to this section is effective as	227
of, and relates back for all purposes to, the date upon which the	228
taker and the taker's interest have been finally ascertained.	229

(I) A disclaimant who has a present and future interest in	230
property, and disclaims the disclaimant's present interest in	231
whole or in part, is considered to have disclaimed the	232
disclaimant's future interest to the same extent, unless a	233
contrary intention appears in the disclaimer instrument or the	234
donative instrument. A disclaimant is not precluded from	235
receiving, as an alternative taker, a beneficial interest in the	236
property disclaimed, unless a contrary intention appears in the	237
disclaimer instrument or in the donative instrument.	238

(J) The disclaimant's right to disclaim under this section	239
is barred if, before the expiration of the period within which the	240
disclaimant may disclaim the interest, the disclaimant does any of	241
the following:	242

(1) Assigns, conveys, encumbers, pledges, or transfers, or	243
contracts to assign, convey, encumber, pledge, or transfer, the	244
property or any interest in it;	245

(2) Waives in writing the disclaimant's right to disclaim	246
and executes and delivers, files, or records the waiver in the	247
manner provided in this section for a disclaimer instrument;	248

(3) Accepts the property or an interest in it;

249

(4) Permits or suffers a sale or other disposition of the	250
property pursuant to judicial action against the disclaimant.	251

(K) A fiduciary's application for appointment or assumption	252
of duties as a fiduciary does not waive or bar the disclaimant's	253
right to disclaim a right, power, privilege, or immunity.	254

(L) The right to disclaim under this section exists	255
irrespective of any limitation on the interest of the disclaimant	256
in the nature of a spendthrift provision or similar restriction.	257

(M) A disclaimer instrument or written waiver of the right	258
to disclaim that has been executed and delivered, filed, or	259
recorded as required by this section is final and binding upon all	260
persons.	261

(N) The right to disclaim and the procedures for disclaimer	262
established by this section are in addition to, and do not exclude	263
or abridge, any other rights or procedures existing under any	264
other section of the Revised Code or at common law to assign,	265
convey, release, refuse to accept, renounce, waive, or disclaim	266
property.	267

(O)(1) No person is liable for distributing or disposing of	268
property in a manner inconsistent with the terms of a valid	269
disclaimer if the distribution or disposition is otherwise proper	270
and the person has no actual knowledge of the disclaimer.	271

(2) No person is liable for distributing or disposing of	272
property in reliance upon the terms of a disclaimer that is	273
invalid because the right of disclaimer has been waived or barred	274
if the distribution or disposition is otherwise proper and the	275
person has no actual knowledge of the facts that constitute a	276
waiver or bar to the right to disclaim.	277

(P)(1) A disclaimant may disclaim pursuant to this section	278
any interest in property that is in existence on September 27,	279
1976, if either the interest in the property or the taker of the	280
interest in the property is not finally ascertained on that date.	281

(2) No disclaimer executed pursuant to this section destroys	282
or diminishes an interest in property that exists on September 27,	283
1976, in any person other than the disclaimant.	284

Sec. 1340.22.  (A) Unless the governing instrument	285
conferring the powers specifically refers to this section and	286
states that this section does not apply and except as provided in	287
divisions (B), (C), and (D) of this section, any of the following	288
powers conferred upon a fiduciary by the governing instrument	289
cannot be exercised by the fiduciary:	290

(1) The power to make any discretionary distribution of	291
either principal or income to or for the benefit of the fiduciary	292
in the fiduciary's individual capacity;	293

(2) The power to make any discretionary distribution of	294
either principal or income to satisfy any of the fiduciary's legal	295
obligations in the fiduciary's individual capacity for support or	296
other purposes;	297

(3) The power to make any discretionary distribution of	298
either principal or income to or for the benefit of one or more	299
beneficiaries to the extent that the fiduciary would or could	300
receive a similar distribution in the fiduciary's individual	301
capacity under any governing instrument from the beneficiary or	302
beneficiaries acting as a fiduciary;	303

(4) The power to make any discretionary distribution of	304
either principal or income to or for the benefit of one or more	305
beneficiaries who possess both the right to remove the fiduciary	306
and the right to appoint a successor fiduciary that may include	307
but is not limited to the beneficiary, any of the beneficiaries,	308
or any related or subordinate person, within the meaning of	309
section 672(c) of the "Internal Revenue Code of 1986," 100 Stat.	310
2085, 26 U.S.C. 672(c), with respect to the beneficiary or any of	311
the beneficiaries, if the successor fiduciary has been appointed	312
by the exercise of both of those rights by the beneficiary or	313
beneficiaries.	314

(B)(1) If division (A)(1), (3), or (4) of this section	315
prohibits a fiduciary from exercising any power conferred by the	316
governing instrument, the fiduciary, notwithstanding division	317
(A)(1), (3), or (4) of this section, may exercise the power to the	318
extent set forth in the governing instrument, provided that the	319
exercise of that power, in all events, shall be limited to an	320
ascertainable standard.	321

(2) Any power conferred upon a fiduciary that permits the	322
fiduciary to make discretionary distributions of either principal	323
or income and that is expressed in terms of a beneficiary's	324
health, education, support, comfort, care, comfort and support,	325
support in reasonable comfort, support in accustomed manner of	326
living, maintenance, maintenance in health and reasonable comfort,	327
or any combination of those factors, is a power conferred upon the	328
fiduciary, the exercise of which is reasonably measurable in terms	329
of, and limited by, an ascertainable standard related to the	330
health, education, support, and maintenance of the beneficiary.	331

(C) Any fiduciary who is authorized to exercise one or more	332
powers set forth in a governing instrument may exercise any of	333
those powers that the fiduciary is not prohibited from exercising	334
because of the operation of division (A) of this section even	335
though one or more other fiduciaries under the governing	336
instrument is prohibited from exercising the power because of the	337
operation of division (A) of this section.	338

(D) Any power conferred upon a fiduciary that the fiduciary	339
cannot exercise because of the operation of division (A) of this	340
section may be exercised by a special fiduciary appointed by a	341
court of competent jurisdiction. Upon the application of any	342
party in interest, the appropriate probate court or general	343
division of the appropriate court of common pleas may appoint a	344
special fiduciary. Upon the appointment of a special fiduciary	345
under this division, the special fiduciary is qualified to	346
exercise any power set forth in the governing instrument during	347
the period of time that the court designates.	348

(E) This section does not apply to any of the following:

349

(1) Any purely discretionary power to distribute either	350
principal or income to or for the benefit of a beneficiary, other	351
than a beneficiary who is also a fiduciary, that is exercisable in	352
a fiduciary capacity in the sole and absolute discretion of the	353
fiduciary and without any other direction or limitation as to its	354
exercise or use set forth in the governing instrument;	355

(2) Any power of appointment or withdrawal that specifically	356
is granted in the governing instrument to a beneficiary and that	357
is exercisable in an individual capacity but not in a fiduciary	358
capacity;	359

(3) Any trust during the time that the trust is revocable or	360
amendable by its settlor;	361

(4) Any power held by a decedent's or settlor's spouse who	362
is the trustee under a decedent's trust for which a marital	363
deduction for estate tax purposes has been allowed, except a trust	364
or portion of a trust regarding which a special election for	365
qualified terminable interest property has been made as provided	366
in section 2652(a)(3) of the "Internal Revenue Code of 1986," 100	367
Stat. 2085, 26 U.S.C. 2652(a)(3);	368

(5)(a) Subject to divisions (E)(5)(b) and (c) of this	369
section, any irrevocable trust created under a governing	370
instrument executed before the expiration of three years after the	371
effective date of this amendment, if all of the parties in	372
interest elect affirmatively not to be subject to the application	373
of this section through a written instrument delivered to the	374
fiduciary.	375

(b) In the case of a testamentary trust, the election	376
described in division (E)(5)(a) of this section shall be filed	377
with the probate court in which the will was admitted to probate.	378

(c) All of the parties in interest shall make the election	379
described in division (E)(5)(a) of this section on or before the	380
later of the expiration of three years after the effective date of	381
this amendment or three years after the date on which the trust	382
becomes irrevocable.	383

(d) As used in division (E)(5) of this section, "party in	384
interest" does not include a contingent remainder beneficiary and	385
means any of the following:	386

(i) Each fiduciary then serving;

387

(ii) Each current beneficiary then in existence or, if that	388
beneficiary has not attained the age of majority or otherwise is	389
incapacitated, the beneficiary's legal representative under	390
applicable law or the attorney in fact of the current beneficiary	391
under a durable power of attorney that is sufficient to grant the	392
authority under division (E)(5) of this section;	393

(iii) Each remainder beneficiary then in existence or, if	394
that remainder beneficiary has not attained the age of majority or	395
otherwise is incapacitated, the remainder beneficiary's legal	396
representative under applicable law or the attorney in fact of the	397
remainder beneficiary under a durable power of attorney that is	398
sufficient to grant the authority under division (E)(5) of this	399
section.	400

Sec. 1547.54.  (A)(1) The owner of every watercraft	401
requiring registration under this chapter shall file an	402
application for a triennial registration certificate with the	403
chief of the division of watercraft on forms that shall be	404
provided by the chief or by an electronic means approved by the	405
chief. The application shall be signed by the following:	406

(a) If the watercraft is owned by two persons under joint	407
ownership with right of survivorship established under section	408
2106.172131.12 of the Revised Code, by both of those persons as	409
owners of the watercraft. The signatures may be done by	410
electronic signature if the owners themselves are renewing the	411
registration and there are no changes in the registration	412
information since the issuance of the immediately preceding	413
registration certificate. In all other instances, the signatures	414
mustshall be done manually.	415

(b) If the watercraft is owned by a minor, by the minor and	416
a parent or legal guardian. The signatures may be done by	417
electronic signature if the parent or legal guardian and the minor	418
themselves are renewing the registration and there are no changes	419
in the registration information since the issuance of the	420
immediately preceding registration certificate. In all other	421
instances, the signatures mustshall be done manually.	422

(c) In all other cases, by the owner of the watercraft. The	423
signature may be done by electronic signature if the owner him or	424
herself is renewing the registration and there are no changes in	425
the registration information since the issuance of the immediately	426
preceding registration certificate. In all other instances, the	427
signatures mustshall be done manually.	428

(2) An application for a triennial registration of a	429
watercraft filed under division (A)(1) of this section shall be	430
accompanied by the following fee:	431

(a) For canoes, kayaks, rowboats, and inflatable watercraft,	432
twelve dollars;	433

(b) For class A watercraft, including motorized canoes,	434
thirty dollars;	435

(c) For class 1 watercraft, forty-five dollars;

436

(d) For class 2 watercraft, sixty dollars;

437

(e) For class 3 watercraft, seventy-five dollars;

438

(f) For class 4 watercraft, ninety dollars.

439

(3) For the purpose of registration, any watercraft operated	440
by means of power, sail, or any other mechanical or electrical	441
means of propulsion, except motorized canoes, shall be registered	442
by length as prescribed in this section.	443

(4) If an application for registration is filed by two	444
persons as owners under division (A)(1)(a) of this section, the	445
person who is listed first on the title shall serve as and perform	446
the duties of the "owner" and shall be considered the person "in	447
whose name the watercraft is registered" for purposes of divisions	448
(B) to (Q) of this section and for purposes of all other sections	449
in this chapter.	450

(B) All registration certificates are valid for three years	451
and are renewable on a triennial basis unless sooner terminated or	452
discontinued in accordance with this chapter. The renewal date	453
shall be printed on the registration certificate. A registration	454
certificate may be renewed by the owner in the manner prescribed	455
by the chief. All fees shall be charged according to a proration	456
of the time remaining in the registration cycle to the nearest	457
year.	458

(C) In addition to the fees set forth in this section, the	459
chief, or any authorized agent, shall charge an additional fee of	460
three dollars for any registration certificate the chief or	461
authorized agent issues. When the registration certificate is	462
issued by an authorized agent, the additional fee of three dollars	463
shall be retained by the issuing agent. When the registration	464
certificate is issued by the chief, the additional fee of three	465
dollars shall be deposited to the credit of the waterways safety	466
fund established in section 1547.75 of the Revised Code.	467

(D) Upon receipt of the application in approved form, the	468
chief shall enter the same upon the records of the office of the	469
division, assign a number to the watercraft if a number is	470
required under section 1547.53 of the Revised Code, and issue to	471
the applicant a registration certificate. If a number is assigned	472
by the chief, it shall be set forth on the certificate. The	473
registration certificate shall be on the watercraft for which it	474
is issued and available at all times for inspection whenever the	475
watercraft is in operation, except that livery operators may	476
retain the registration certificate at the livery where it shall	477
remain available for inspection at all times.	478

(E) No person shall issue or be issued a registration	479
certificate for a watercraft that is required to be issued a	480
certificate of title under Chapter 1548. of the Revised Code	481
except upon presentation of a certificate of title for the	482
watercraft as provided in that chapter, proof of current	483
documentation by the United States coast guard, a renewal	484
registration form provided by the division of watercraft, or a	485
certificate of registration issued under this section that has	486
expired if there is no change in the ownership or description of	487
the watercraft.	488

(F) Whenever the ownership of a watercraft changes, a new	489
application form together with the prescribed fee shall be filed	490
with the chief or the chief's agent and a new registration	491
certificate shall be issued. The application shall be signed	492
manually by the person or persons specified in division (A)(1)(a)	493
to (c) of this section and shall be accompanied by a two-dollar	494
transfer fee. Any remaining time on the registration shall be	495
transferred. An authorized agent of the chief shall charge an	496
additional fee of three dollars, which shall be retained by the	497
issuing agent. If the certificate is issued by the chief, an	498
additional fee of three dollars for each certificate issued shall	499
be collected.	500

(G) If an agency of the United States has in force an	501
overall system of identification numbering for watercraft or	502
certain types of watercraft within the United States, the	503
numbering system employed by the division shall be in conformity	504
with that system.	505

(H) The chief may assign any registration certificates to	506
any authorized agent for the assignment thereofof the	507
registration certificates. If a person accepts that	508
authorization, the person may be assigned a block of numbers and	509
certificates therefor that upon assignment, in conformity with	510
this chapter and Chapter 1548. of the Revised Code and with rules	511
of the division, shall be valid as if assigned directly by the	512
division. Any person so designated as an agent by the chief shall	513
post with the division security as may be required by the director	514
of natural resources. The chief may issue an order temporarily or	515
permanently restricting or suspending an agent's authorization	516
without a hearing if the chief finds that the agent has violated	517
this chapter or Chapter 1548. of the Revised Code, rules adopted	518
under them, or any agreements prescribed by the chief.	519

(I) All records of the division made or kept pursuant to	520
this section shall be public records. Those records shall be	521
available for inspection at reasonable hours and in a manner	522
compatible with normal operations of the division.	523

(J) The owner shall furnish the division notice within	524
fifteen days of the following:	525

(1) The transfer, other than through the creation of a	526
security interest in any watercraft, of all or any part of the	527
owner's interest or, if the watercraft is owned by two persons	528
under joint ownership with right of survivorship established under	529
section 2106.172131.12 of the Revised Code, of all or any part of	530
the joint interest of either of the two persons. The transfer	531
shall not terminate the registration certificate.	532

(2) Any change in the address appearing on the certificate	533
and, as a part of the notification, shall furnish the chief with	534
the owner's new address;	535

(3) The destruction or abandonment of the watercraft.

536

(K) The chief may issue duplicate registration certificates	537
or duplicate tags to owners of currently registered watercraft,	538
the fee for which shall be four dollars.	539

(L) If the chief finds that a registration certificate	540
previously issued to an owner is in error to a degree that would	541
impair its basic purpose and use, the chief may issue a corrected	542
certificate to the owner without charge.	543

(M) No authorized agent shall issue and no person shall	544
receive or accept from an authorized agent a registration	545
certificate assigned to the authorized agent under division (H) of	546
this section unless the exact month, day, and year of issue are	547
plainly written thereonon the certificate by the agent.	548
Certificates issued with incorrect dates of issue are void from	549
the time they are issued.	550

(N) The chief, in accordance with Chapter 119. of the	551
Revised Code, shall adopt rules governing the renewal of	552
watercraft registrations by electronic means.	553

(O) As used in this section:

554

(1) "Disabled veteran" means a person who is included in	555
either of the following categories:	556

(a) Because of a service-connected disability, has been or	557
is awarded funds for the purchase of a motor vehicle under the	558
"Disabled Veterans' and Servicemen's Automobile Assistance Act of	559
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;	560

(b) Has a service-connected disability rated at one hundred	561
per cent by the veterans administration.	562

(2) "Prisoner of war" means any regularly appointed,	563
enrolled, enlisted, or inducted member of the military forces of	564
the United States who was captured, separated, and incarcerated by	565
an enemy of the United States at any time, and any regularly	566
appointed, enrolled, or enlisted member of the military forces of	567
Great Britain, France, Australia, Belgium, Brazil, Canada, China,	568
Denmark, Greece, the Netherlands, New Zealand, Norway, Poland,	569
South Africa, or the republics formerly associated with the Union	570
of Soviet Socialist Republics or Yugoslavia who was a citizen of	571
the United States at the time of the appointment, enrollment, or	572
enlistment, and was captured, separated, and incarcerated by an	573
enemy of this country during World War II.	574

(P) Any disabled veteran, congressional medal of honor	575
awardee, or prisoner of war may apply to the chief for a	576
certificate of registration, or for a renewal of the certificate	577
of registration, without the payment of any fee required by this	578
section. The application for a certificate of registration shall	579
be accompanied by evidence of disability or by documentary	580
evidence in support of a congressional medal of honor that the	581
chief requires by rule. The application for a certificate of	582
registration by any person who has been a prisoner of war shall be	583
accompanied by written evidence in the form of a record of	584
separation, a letter from one of the armed forces of a country	585
listed in division (O)(2) of this section, or other evidence that	586
the chief may require by rule, that the person was honorably	587
discharged or is currently residing in this state on active duty	588
with one of the branches of the armed forces of the United States,	589
or was a prisoner of war and was honorably discharged or received	590
an equivalent discharge or release from one of the armed forces of	591
a country listed in division (O)(2) of this section.	592

(Q) Annually by the fifteenth day of January, the director	593
of natural resources shall determine the amount of fees that would	594
have been collected in the prior calendar year for each	595
certificate of registration issued or renewed pursuant to division	596
(P) of this section and shall certify the total amount of foregone	597
revenue to the director of budget and management for	598
reimbursement. The director of budget and management shall	599
transfer the amount certified from the general revenue fund to the	600
waterways safety fund created pursuant to section 1547.75 of the	601
Revised Code.	602

Sec. 1548.07.  (A) An application for a certificate of title	603
shall be sworn to before a notary public or other officer	604
empowered to administer oaths by the lawful owner or purchaser of	605
the watercraft or outboard motor and shall contain the following	606
information in the form and together with any other information	607
that the chief of the division of watercraft may require:	608

(1) Name, address, and social security number or employer's	609
tax identification number of the applicant;	610

(2) Statement of how the watercraft or outboard motor was	611
acquired;	612

(3) Name and address of the previous owner;

613

(4) A statement of all liens, mortgages, or other	614
encumbrances on the watercraft or outboard motor, including a	615
description of the nature and amount of each lien, mortgage, or	616
encumbrance, and the name and address of each holder thereofof	617
the lien, mortgage, or encumbrance;	618

(5) If there are no outstanding liens, mortgages, or other	619
encumbrances, a statement of that fact;	620

(6) A description of the watercraft, including the make,	621
year, length, series or model, if any, body type, hull	622
identification number or hull identification number serial number,	623
and make, manufacturer's serial number, and horsepower of any	624
inboard motor or motors; or a description of the outboard motor,	625
including the make, year, series or model, if any, manufacturer's	626
serial number, and horsepower;	627

(G)(7) The purchase price, trade-in allowed, and amount of	628
sales or use tax paid under Chapter 5739. or 5741. of the Revised	629
Code.	630

(B) If the application is made by two persons regarding a	631
watercraft or outboard motor in which they wish to establish joint	632
ownership with right of survivorship, they may do so as provided	633
in section 2106.172131.12 of the Revised Code.	634

(C) If the applicant wishes to designate a watercraft or	635
outboard motor in beneficiary form, the applicant may do so as	636
provided in section 2131.13 of the Revised Code.	637

(D) If the watercraft or outboard motor contains a permanent	638
identification number placed thereonon the watercraft or outboard	639
motor by the manufacturer, this number shall be used as the serial	640
number or hull identification number. If there is no	641
manufacturer's identification number, or if the manufacturer's	642
identification number has been removed or obliterated, the chief,	643
upon receipt of a prescribed application and proof of ownership,	644
may assign an identification number for the watercraft or outboard	645
motor, and this number shall be permanently affixed or imprinted	646
by the applicant, at the place and in the manner designated by the	647
chief, upon the watercraft or outboard motor for which it is	648
assigned.	649

Sec. 1548.071.  Any two persons may establish in accordance	650
with section 2106.172131.12 of the Revised Code joint ownership	651
with right of survivorship in a watercraft or outboard motor for	652
which a certificate of title is required under this chapter and	653
that one or both of them owns. Two persons who establish joint	654
ownership with right of survivorship in a watercraft or outboard	655
motor in accordance with section 2106.172131.12 of the Revised	656
Code may terminate the joint ownership with right of survivorship	657
by applying for a title in accordance with Chapter 1548. of the	658
Revised Codethis chapter.	659

Sec. 1548.072. Any person who owns a watercraft or outboard	660
motor for which a certificate of title is required under this	661
chapter may establish ownership of the watercraft or outboard	662
motor that is transferable on death by designating the watercraft	663
or outboard motor in beneficiary form in accordance with section	664
2131.13 of the Revised Code. Any person who establishes ownership	665
of a watercraft or outboard motor that is transferable on death in	666
accordance with section 2131.13 of the Revised Code may terminate	667
that type of ownership or change the designation of the	668
transfer-on-death beneficiary or beneficiaries by applying for a	669
certificate of title in accordance with this chapter.	670

Sec. 1548.08.  When the clerk of a court of common pleas	671
issues a physical certificate of title for a watercraft or	672
outboard motor, the clerk shall issue it over the clerk's	673
official seal. All physical certificates of title to watercraft	674
or outboard motors shall contain the information required in	675
the application for them as prescribed by section 1548.07 of	676
the Revised Code, as well as spaces for the dates of notation	677
and cancellation of each lien, mortgage, or encumbrance, over	678
the signature of the clerk. If any certificate of title is	679
issued for a watercraft or outboard motor in which two persons	680
are establishing joint ownership with right of survivorship	681
under section 2106.172131.12 of the Revised Code, the	682
certificate, in addition to the information required by this	683
section, shall show that the two persons have established joint	684
ownership with right of survivorship in the watercraft or	685
outboard motor. If the certificate of title is issued for a	686
watercraft or outboard motor that is designated in beneficiary	687
form under section 2131.13 of the Revised Code, in addition to the	688
information required by this section, the certificate shall show	689
that the present owner of the watercraft or outboard motor has	690
designated a specified transfer-on-death beneficiary or	691
beneficiaries who will take ownership of the watercraft or	692
outboard motor at the death of the present owner in accordance	693
with section 2131.13 of the Revised Code.	694

An assignment of certificate of title before a notary public	695
or other officer empowered to administer oaths shall appear on	696
the reverse side of each physical certificate of title in the	697
form to be prescribed by the chief of the division of	698
watercraft. The assignment form shall include a warranty that	699
the signer is the owner of the watercraft or outboard motor and	700
that there are no mortgages, liens, or encumbrances on the	701
watercraft or outboard motor except asthose that are noted on	702
the face of the certificate of title.	703

Sec. 1548.11.  (A) In the event of the transfer of	704
ownership of a watercraft or outboard motor by operation of law,	705
as upon inheritance, devise, bequest, order in bankruptcy,	706
insolvency, replevin, or execution of sale, or whenever the	707
engine of a watercraft is replaced by another engine, or whenever	708
a watercraft or outboard motor is sold to satisfy storage or	709
repair charges, or repossession is had upon default in	710
performance of the terms of a security agreement as provided in	711
Chapter 1309. of the Revised Code, a clerk of a court of common	712
pleas, upon the surrender of the prior certificate of title or	713
the manufacturer's or importer's certificate, or, when that is	714
not possible, upon presentation of satisfactory proof to the	715
clerk of ownership and rights of possession to the watercraft or	716
outboard motor, and upon payment of the fee prescribed in	717
section 1548.10 of the Revised Code and presentation of an	718
application for certificate of title, may issue to the applicant	719
a certificate of title to the watercraft or outboard motor. Only	720
an affidavit by the person or agent of the person to whom	721
possession of the watercraft or outboard motor has passed,	722
setting forth the facts entitling the person to possession and	723
ownership, together with a copy of the journal entry, court	724
order, or instrument upon which the claim of possession and	725
ownership is founded, is satisfactory proof of ownership and	726
right of possession. If the applicant cannot produce such proof	727
of ownership, the applicant may apply directly to the chief of	728
the division of watercraft and submit such evidence as the	729
applicant has, and the chief, if the chief finds the evidence	730
sufficient, may authorize the clerk to issue a certificate of	731
title. If, from the records in the office of the clerk, there	732
appears to be any lien on the watercraft or outboard motor, the	733
certificate of title shall contain a statement of the lien	734
unless the application is accompanied by proper evidence of	735
its extinction.	736

(B) Upon the death of one of the persons who have	737
established joint ownership with right of survivorship under	738
section 2106.172131.12 of the Revised Code in a watercraft or	739
outboard motor and the presentation to the clerk of the title and	740
the certificate of death of the deceased person, the clerk shall	741
enter into the records the transfer of the watercraft or	742
outboard motor to the surviving person, and the title to the	743
watercraft or outboard motor immediately passes to the surviving	744
person. The transfer does not affect any liens on the watercraft	745
or outboard motor.	746

(C) The clerk shall transfer a decedent's interest in one	747
watercraft, one outboard motor, or one of each to the decedent's	748
surviving spouse as provided in section 2106.19 of the Revised	749
Code.	750

(D) Upon the death of an owner of a watercraft or outboard	751
motor designated in beneficiary form under section 2131.13 of the	752
Revised Code, upon application of the transfer-on-death	753
beneficiary or beneficiaries designated pursuant to that section,	754
and upon presentation to the clerk of the certificate of title and	755
the certificate of death of the deceased owner, the clerk shall	756
transfer the watercraft or outboard motor and issue a certificate	757
of title to the transfer-on-death beneficiary or beneficiaries.	758
The transfer does not affect any liens upon any watercraft or	759
outboard motor so transferred.	760

Sec. 2106.18.  (A) Upon the death of a married resident who	761
owned at least one automobile at the time of death, the interest	762
of the deceased spouse in up to two automobiles that are not	763
transferred to the surviving spouse due to joint ownership with	764
right of survivorship established under section 2106.172131.12 of	765
the Revised Code, that are not transferred to a transfer-on-death	766
beneficiary or beneficiaries designated under section 2131.13 of	767
the Revised Code, and that are not otherwise specifically disposed	768
of by testamentary disposition, may be selected by the surviving	769
spouse. This interest shall immediately pass to the surviving	770
spouse upon transfer of the title or titles in accordance with	771
section 4505.10 of the Revised Code. The sum total of the values	772
of the automobiles selected by a surviving spouse under this	773
division, as specified in the affidavit that the surviving spouse	774
executes pursuant to division (B) of section 4505.10 of the	775
Revised Code, shall not exceed forty thousand dollars. Each	776
automobile that passes to a surviving spouse under this division	777
shall not be considered an estate asset and shall not be included	778
in the estate inventory.	779

(B) The executor or administrator, with the approval of the	780
probate court, may transfer title to an automobile owned by the	781
decedent to any of the following:	782

(1) The surviving spouse, when the automobile is purchased	783
by the surviving spouse pursuant to section 2106.16 of the Revised	784
Code;	785

(2) A distributee;

786

(3) A purchaser.

787

(C) The executor or administrator may transfer title to an	788
automobile owned by the decedent without the approval of the	789
probate court to any of the following:	790

(1) A legatee entitled to the automobile under the terms of	791
the will;	792

(2) A distributee if the distribution of the automobile is	793
made without court order pursuant to section 2113.55 of the	794
Revised Code;	795

(3) A purchaser if the sale of the automobile is made	796
pursuant to section 2113.39 of the Revised Code.	797

(D) As used in division (A) of this section, "automobile"	798
includes a truck if the truck was used as a method of conveyance	799
by the deceased spouse or the deceased spouse's family when the	800
deceased spouse was alive.	801

Sec. 2107.06.  No person under eighteen years of age shall	802
witness a will executed pursuant to section 2107.03 of the Revised	803
Code or an agreement to make a will or to make a devise or bequest	804
by will pursuant to section 2107.04 of the Revised Code.	805

Sec. 2107.27. (A) When application is made to the probate	806
court to admit to probate a will that has been lost, spoliated, or	807
destroyed, the party seeking to prove the will shall give a	808
written notice by certified mail to the surviving spouse, to the	809
next of kin of the testator, and to all persons whose interest it	810
may be to resist the probatewho would be entitled to inherit from	811
the testator under Chapter 2105. of the Revised Code if the	812
testator had died intestate, to all legatees and devisees that are	813
named in the will, and to all legatees and devisees that are named	814
in the most recent will prior to the lost, spoliated, or destroyed	815
will that is known to the applicant.	816

(B) In suchthe cases described in division (A) of this	817
section, the courtproponents and opponents of the will shall	818
cause the witnesses to the will, and any other witnesses that a	819
person interested in havinghave relevant and material knowledge	820
about the will admitted to probate desires, to have appear, to	821
come before the court to testify. The witnesses shall be examined	822
by the probate judge, and their testimony shall be reduced to	823
writing and then filed in the records of the probate court	824
pertaining to the testator's estate. WhenIf any witnesses reside	825
out of its jurisdiction, or reside within its jurisdiction but are	826
infirm or unable to attend, the probate court may order their	827
testimony to be taken and reduced to writing by some competent	828
person, which. The testimony shall be filed in suchthe records of	829
the probate court pertaining to the testator's estate.	830

(C) If upon such proof, the court is satisfied that the will	831
was executed in the manner provided by the law in force at the	832
time of its execution, that its contents are substantially proved,	833
that it was unrevoked at the death of the testator, and has been	834
lost, spoliated, or destroyed since his death, since he became	835
incapable of making a will by reason of insanity, or before the	836
death of the testator if his lack of knowledge of the loss,	837
spoliation, or destruction can be proved by clear and convincing	838
testimonyfinds that the requirements of section 2107.26 of the	839
Revised Code have been met, the probate court shall find and	840
establish the contents of the will as near as can be ascertained	841
and cause them and the testimony taken in the case to be recorded	842
in the probate court. The	843

The contents of the will shall be as effectual for all	844
purposes as if the original will had been admitted to probate and	845
record.	846

Sec. 2107.28.  If a will is lost, spoliated, destroyed,	847
mislaid, or stolen, after it has been admitted to probate but	848
before it has been recorded, upon notice being given,to the	849
persons as provided by section 2107.27 of the Revised Code, to	850
persons whose interest it may be to resist the probate and record	851
of such will the probate court may hear testimony, and if. If the	852
court is satisfied that the contents of the will have been	853
substantially proved, the court may record suchthe will as thus	854
proven, which. The record shall have all the effecteffects of a	855
record of the original will.	856

Sec. 2109.62.  (A)(1) Upon the filing of a motion by a	857
trustee with the court that has jurisdiction over the trust, upon	858
the provision of reasonable notice to all beneficiaries who are	859
known and in being and who have vested or contingent interests in	860
the trust, and after holding a hearing, the court may terminate	861
the trust, in whole or in part, if it determines that all of the	862
following apply:	863

(a) It is no longer economically feasible to continue the	864
trust;.	865

(b) The termination of the trust is for the benefit of the	866
beneficiaries;.	867

(c) The termination of the trust is equitable and	868
practical;.	869

(d) The current value of the trust is less than fiftyone	870
hundred thousand dollars.	871

(2) The existence of a spendthrift or similar provision in a	872
trust instrument or will does not preclude the termination of a	873
trust pursuant to this section.	874

(B) If property is to be distributed from an estate being	875
probated to a trust and the termination of the trust pursuant to	876
this section does not clearly defeat the intent of the testator,	877
the probate court has jurisdiction to order the outright	878
distribution of the property or to make the property custodial	879
property under sections 1339.31 to 1339.39 of the Revised Code. A	880
probate court may so order whether the application for the order	881
is made by an inter vivos trustee named in the will of the	882
decedent or by a testamentary trustee.	883

Sec. 2113.30. (A) Except as otherwise directed by the	884
decedent in histhe decedent's last will and testament, an	885
executor or administrator may, without personal liability for	886
losses incurred, may continue the decedent's business during one	887
monthfour months next following the date of the appointment of	888
suchthat executor or administrator, unless the probate court	889
directs otherwise, and for suchany further time asthat the court	890
may authorize onupon a hearing and after notice to the surviving	891
spouse and distributees. In either case, no debts incurred or	892
contracts entered into shall involve the estate beyond the assets	893
used in suchthat business immediately prior to the death of the	894
decedent without first obtaining the approval of the court first	895
obtained. During the time the business is continued, the executor	896
or administrator shall file monthly reports in the court, setting	897
forth the receipts and expenses of the business for the preceding	898
month and suchany other pertinent information asthat the court	899
may require. The executor or administrator may not bind the	900
estate without court approval beyond the period during which the	901
business is continued.	902

(B) As used in this section, "decedent's business" means a	903
business that is owned by the decedent as a sole proprietor at the	904
time of the decedent's death. "Decedent's business" does not	905
include a business that is owned in whole or in part by the	906
decedent as a shareholder of a corporation, a member of a limited	907
liability company, or a partner of a partnership, or under any	908
other form of ownership other than a sole proprietorship.	909

Sec. 2113.61.  (A)(1) When real property passes by the laws	910
of intestate succession or under a will, the administrator or	911
executor shall file in probate court, at any time after the filing	912
of an inventory that includes the real property but prior to the	913
filing of the administrator's or executor's final account, an	914
application requesting the court to issue a certificate of	915
transfer as to the real property. Real property sold by an	916
executor or administrator or land registered under Chapters 5309.	917
and 5310. of the Revised Code is excepted from the application	918
requirement. Cases in which an order has been made under section	919
2113.03 of the Revised Code relieving an estate from	920
administration and in which the order directing transfer of real	921
property to the person entitled to it may be substituted for the	922
certificate of transfer also are excepted from the application	923
requirement.	924

(2) In accordance with division (C)(3)(b) of section	925
2113.031 of the Revised Code, an application for a certificate of	926
transfer of an interest in real property included in the assets of	927
the decedent's estate shall accompany an application for a summary	928
release from administration under that section. This section	929
applies to the application for and the issuance of the requested	930
certificate of transfer except to the extent that the probate	931
court determines that the nature of any of the provisions of this	932
section is inconsistent with the nature of a grant of a summary	933
release from administration.	934

(B) Subject to division (A)(2) of this section, the	935
application for a certificate of transfer shall contain all of the	936
following:	937

(1) The name, place of residence at death, and date of death	938
of the decedent;	939

(2) A statement whether the decedent died testate or	940
intestate;	941

(3) The fact and date of the filing and probate of the will,	942
if applicable, and the fact and date of the appointment of the	943
administrator or executor;	944

(4) A description of each parcel of real property situated	945
in this state that is owned by the decedent at the time of death;	946

(5) Insofar as they can be ascertained, the names, ages,	947
places of residence, and relationship to the decedent of the	948
persons to whom each parcel of real property described in division	949
(B)(4) of this section passed by descent or devise;	950

(6) A statement that all the known debts of the decedent's	951
estate have been paid or secured to be paid, or that sufficient	952
other assets are in hand to complete the payment of those debts;	953

(7) Other pertinent information that the court requires.

954

(C) Subject to division (A)(2) of this section, within five	955
days following the filing of an application for a certificate of	956
transfer that complies with division (B) of this section, the	957
court shall issue a certificate of transfer for record in each	958
county in this state in which real property so passing is	959
situated, that shall recite all of the following:	960

(1) The name and date of death of the decedent;

961

(2) Whether the decedent died testate or intestate and, if	962
testate, the volume and page of the record of the will;	963

(3) The volume and page of the probate court record of the	964
administration of the estate;	965

(4) The names and places of residence of the devisees, the	966
interests passing to them, the names and places of residence of	967
the persons inheriting intestate, and the interests inherited by	968
them, in each parcel of real property described in division (B)(4)	969
of this section;	970

(5) A description of each parcel of real property described	971
in division (B)(4) of this section;	972

(6) Other information that in the opinion of the court	973
should be included.	974

(D) If an executor or administrator has failed to file an	975
application for a certificate of transfer before being discharged,	976
the application may be filed by an heir or devisee, or a successor	977
in interest, in the probate court in which the testator's will was	978
probated or, in the case of intestate estates, in the probate	979
court in which administration was had. If no administration was	980
had on an estate and if no administration is contemplated, except	981
in the case of the grant of or contemplated application for the	982
grant of an order of a summary release from administration under	983
section 2113.031 of the Revised Code, an application for a	984
certificate of transfer may be filed by an heir or devisee, or a	985
successor in interest, in the probate court of the county in which	986
the decedent was a resident at the time of death.	987

A foreign executor or administrator, when no ancillary	988
administration proceedings have been had or are being had in this	989
state, may file in accordance with this section an application for	990
a certificate of transfer in the probate court of any county of	991
this state in which real property of the decedent is located.	992

When a person who has entered into a written contract for the	993
sale and conveyance of an interest in real property dies before	994
its completion, the interest of the decedent in the contract and	995
the record title to the real property described in the contract	996
may be transferred to the persons, legatees, devisees, or heirs at	997
law entitled to the interest of the decedent in the real property,	998
in the same manner as provided in this section and sections	999
2113.62 and 2113.63 of the Revised Code for the transfer of real	1000
property. The application for the certificate of transfer and the	1001
certificate itself also shall recite that the real property	1002
described in the application or certificate is subject to a	1003
written contract for its sale and conveyance.	1004

Sec. 2117.25. (A) Every executor or administrator shall	1005
proceed with diligence to pay the debts of the decedent, and shall	1006
apply the assets in the following order:	1007

(A)(1) Costs and expenses of administration;

1008

(B)(2) An amount, not exceeding two thousand dollars, for	1009
funeral expenses that are included in the bill of a funeral	1010
director, funeral expenses other than those in the bill of a	1011
funeral director that are approved by the probate court, and an	1012
amount, not exceeding two thousand dollars, for burial and	1013
cemetery expenses, including that portion of the funeral	1014
director's bill allocated to cemetery expenses that have been paid	1015
to the cemetery by the funeral director.	1016

For purposes of this division, burial and cemetery expenses	1017
shall be limited to the following:	1018

(1)(a) The purchase of a place of interment;

1019

(2)(b) Monuments or other markers;

1020

(3)(c) The outer burial container;

1021

(4)(d) The cost of opening and closing the place of	1022
interment;	1023

(5)(e) The urn.

1024

(C)(3) The allowance for support made to the surviving	1025
spouse, minor children, or both under section 2106.13 of the	1026
Revised Code;	1027

(D)(4) Debts entitled to a preference under the laws of the	1028
United States;	1029

(E)(5) Expenses of the last sickness of the decedent;

1030

(F)(6) If the total bill of a funeral director for funeral	1031
expenses exceeds two thousand dollars, then, in addition to the	1032
amount described in division (B)(A)(2) of this section, an amount,	1033
not exceeding one thousand dollars, for funeral expenses that are	1034
included in the bill and that exceed two thousand dollars;	1035

(G)(7) Personal property taxes and obligations for which the	1036
decedent was personally liable to the state or any of its	1037
subdivisions;	1038

(H)(8) Debts for manual labor performed for the decedent	1039
within twelve months preceding the decedent's death, not exceeding	1040
three hundred dollars to any one person;	1041

(I)(9) Other debts for which claims have been presented and	1042
finally allowed.	1043

(B) The part of the bill of a funeral director that exceeds	1044
the total of three thousand dollars as described in divisions	1045
(B)(A)(2) and (F)(6) of this section, and the part of a claim	1046
included in division (H)(A)(8) of this section that exceeds three	1047
hundred dollars shall be included as a debt under division	1048
(I)(A)(9) of this section, depending upon the time when the claim	1049
for the additional amount is presented.	1050

(C) Any natural person or fiduciary who pays a claim of any	1051
creditor described in division (A) of this section shall be	1052
subrogated to the rights of that creditor proportionate to the	1053
amount of the payment and shall be entitled to reimbursement for	1054
that amount in accordance with the priority of payments set forth	1055
in that division.	1056

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	1057
to the manner in which and the time within which claims shall be	1058
presented, shall apply to claims set forth in divisions (B)(A)(2),	1059
(F)(6), and (H)(8) of this section. Claims for an expense of	1060
administration or for the allowance for support need not be	1061
presented. The executor or administrator shall pay debts included	1062
in divisions (D)(A)(4) and (G)(7) of this section, of which the	1063
executor or administrator has knowledge, regardless of	1064
presentation.	1065

(2) The giving of written notice to an executor or	1066
administrator of a motion or application to revive an action	1067
pending against the decedent at the date of death shall be	1068
equivalent to the presentation of a claim to the executor or	1069
administrator for the purpose of determining the order of payment	1070
of any judgment rendered or decree entered in such an action.	1071

(E) No payments shall be made to creditors of one class	1072
until all those of the preceding class are fully paid or provided	1073
for. If the assets are insufficient to pay all the claims of one	1074
class, the creditors of that class shall be paid ratably.	1075

(F) If it appears at any time that the assets have been	1076
exhausted in paying prior or preferred charges, allowances, or	1077
claims, suchthose payments shall be a bar to an action on any	1078
claim not entitled to suchthat priority or preference.	1079

Sec. 2106.17.        Sec. 2131.12.  (A) As used in this section:

1080

(1) "Motor vehicle" has the same meaning as in section	1081
4505.01 of the Revised Code.	1082

(2) "Joint ownership with right of survivorship" means a	1083
form of ownership of a motor vehicle, watercraft, or outboard	1084
motor that is established pursuant to this section and pursuant to	1085
which the entire interest in the motor vehicle, watercraft, or	1086
outboard motor is held by two persons for their joint lives and	1087
thereafter by the survivor of them.	1088

(3) "Watercraft" has the same meaning as in division (A) of	1089
section 1548.01 of the Revised Code.	1090

(B)(1) Any two persons may establish in accordance with this	1091
section joint ownership with right of survivorship in a motor	1092
vehicle or in a watercraft or outboard motor for which a	1093
certificate of title is required under Chapter 1548. of the	1094
Revised Code.	1095

(2) If two persons wish to establish joint ownership with	1096
right of survivorship in a motor vehicle or in a watercraft or	1097
outboard motor that is required to be titled under Chapter 1548.	1098
of the Revised Code, they may make a joint application for a	1099
certificate of title under section 4505.06 or 1548.07 of the	1100
Revised Code, as applicable.	1101

(C) If two persons have established in a certificate of	1102
title joint ownership with right of survivorship in a motor	1103
vehicle or a watercraft or outboard motor that is required to be	1104
titled under Chapter 1548. of the Revised Code, and if one of	1105
those persons dies, the interest of the deceased person in the	1106
motor vehicle, watercraft, or outboard motor shall pass to the	1107
survivor of them upon transfer of title to the motor vehicle or	1108
watercraft or outboard motor in accordance with section 4505.10 or	1109
1548.11 of the Revised Code. The motor vehicle, watercraft, or	1110
outboard motor shall not be considered an estate asset and shall	1111
not be included and stated in the estate inventory.	1112

Sec. 2131.13. (A) As used in this section:

1113

(1) "Designate or designation in beneficiary form" means to	1114
designate, or the designation of, a motor vehicle, watercraft, or	1115
outboard motor in a certificate of title that indicates the	1116
present owner of the motor vehicle, watercraft, or outboard motor	1117
and the intention of the present owner with respect to the	1118
transfer of ownership on the present owner's death by designating	1119
one or more persons as the beneficiary or beneficiaries who will	1120
become the owner or owners of the motor vehicle, watercraft, or	1121
outboard motor upon the death of the present owner.	1122

(2) "Motor vehicle" has the same meaning as in section	1123
4505.01 of the Revised Code.	1124

(3) "Person" means an individual, a corporation, an	1125
organization, or other legal entity.	1126

(4) "Transfer-on-death beneficiary or beneficiaries" means a	1127
person or persons specified in a certificate of title of a motor	1128
vehicle, watercraft, or outboard motor who will become the owner	1129
or owners of the motor vehicle, watercraft, or outboard motor upon	1130
the death of the present owner of the motor vehicle, watercraft,	1131
or outboard motor.	1132

(5) "Watercraft" has the same meaning as in section 1548.01	1133
of the Revised Code.	1134

(B) An individual whose certificate of title of a motor	1135
vehicle, watercraft, or outboard motor shows sole ownership by	1136
that individual may make an application for a certificate of title	1137
under section 1548.07 or 4505.06 of the Revised Code to designate	1138
that motor vehicle, watercraft, or outboard motor in beneficiary	1139
form pursuant to this section.	1140

(C)(1) A motor vehicle, watercraft, or outboard motor is	1141
designated in beneficiary form if the certificate of title of the	1142
motor vehicle, watercraft, or outboard motor includes the name or	1143
names of the transfer-on-death beneficiary or beneficiaries.	1144

(2) The designation of a motor vehicle, watercraft, or	1145
outboard motor in beneficiary form is not required to be supported	1146
by consideration, and the certificate of title in which the	1147
designation is made is not required to be delivered to the	1148
transfer-on-death beneficiary or beneficiaries in order for the	1149
designation in beneficiary form to be effective.	1150

(D) The designation of a motor vehicle, watercraft, or	1151
outboard motor in beneficiary form may be shown in the certificate	1152
of title by the words "transfer-on-death" or the abbreviation	1153
"TOD" after the name of the owner of a motor vehicle, watercraft,	1154
or outboard motor and before the name or names of the	1155
transfer-on-death beneficiary or beneficiaries.	1156

(E) The designation of a transfer-on-death beneficiary or	1157
beneficiaries on a certificate of title has no effect on the	1158
ownership of a motor vehicle, watercraft, or outboard motor until	1159
the death of the owner of the motor vehicle, watercraft, or	1160
outboard motor. The owner of a motor vehicle, watercraft, or	1161
outboard motor may cancel or change the designation of a	1162
transfer-on-death beneficiary or beneficiaries on a certificate of	1163
title at any time without the consent of the transfer-on-death	1164
beneficiary or beneficiaries by making an application for a	1165
certificate of title under section 1548.07 or 4505.06 of the	1166
Revised Code.	1167

(F)(1) Upon the death of the owner of a motor vehicle,	1168
watercraft, or outboard motor designated in beneficiary form, the	1169
ownership of the motor vehicle, watercraft, or outboard motor	1170
shall pass to the transfer-on-death beneficiary or beneficiaries	1171
who survive the owner upon transfer of title to the motor vehicle,	1172
watercraft, or outboard motor in accordance with section 1548.11	1173
or 4505.10 of the Revised Code. The transfer-on-death beneficiary	1174
or beneficiaries who survive the owner may apply for a certificate	1175
of title to the motor vehicle, watercraft, or outboard motor upon	1176
submitting proof of the death of the owner of the motor vehicle,	1177
watercraft, or outboard motor.	1178

(2) If no transfer-on-death beneficiary or beneficiaries	1179
survive the owner of a motor vehicle, watercraft, or outboard	1180
motor, the motor vehicle, watercraft, or outboard motor shall be	1181
included in the probate estate of the deceased owner.	1182

(G)(1) Any transfer of a motor vehicle, watercraft, or	1183
outboard motor to a transfer-on-death beneficiary or beneficiaries	1184
that results from a designation of the motor vehicle, watercraft,	1185
or outboard motor in beneficiary form is not testamentary.	1186

(2) This section does not limit the rights of any creditor	1187
of the owner of a motor vehicle, watercraft, or outboard motor	1188
against any transfer-on-death beneficiary or beneficiaries or	1189
other transferees of the motor vehicle, watercraft, or outboard	1190
motor under other laws of this state.	1191

(H)(1) This section shall be known and may be cited as the	1192
"Transfer-on-Death of Motor Vehicle, Watercraft, or Outboard Motor	1193
Statute."	1194

(2) Divisions (A) to (H) of this section shall be liberally	1195
construed and applied to promote their underlying purposes and	1196
policy.	1197

(3) Unless displaced by particular provisions of divisions	1198
(A) to (H) of this section, the principles of law and equity	1199
supplement the provisions of those divisions.	1200

Sec. 2305.121.  (A) Any of the following actions pertaining	1201
to a revocable trust that is made irrevocable by the death of the	1202
grantor of the trust shall be commenced within two years after the	1203
date of the death of the grantor of the trust:	1204

(1) An action to contest the validity of the trust;

1205

(2) An action to contest the validity of any amendment to	1206
the trust that was made during the lifetime of the grantor of the	1207
trust;	1208

(3) An action to contest the revocation of the trust during	1209
the lifetime of the grantor of the trust;	1210

(4) An action to contest the validity of any transfer made	1211
to the trust during the lifetime of the grantor of the trust.	1212

(B) Upon the death of the grantor of a revocable trust that	1213
was made irrevocable by the death of the grantor, the trustee,	1214
without liability, may proceed to distribute the trust property in	1215
accordance with the terms of the trust unless either of the	1216
following applies:	1217

(1) The trustee has actual knowledge of a pending action to	1218
contest the validity of the trust, any amendment to the trust, the	1219
revocation of the trust, or any transfer made to the trust during	1220
the lifetime of the grantor of the trust.	1221

(2) The trustee receives written notification from a	1222
potential contestant of a potential action to contest the validity	1223
of the trust, any amendment to the trust, the revocation of the	1224
trust, or any transfer made to the trust during the lifetime of	1225
the grantor of the trust, and the action is actually filed within	1226
ninety days after the written notification was given to the	1227
trustee.	1228

(C) If a distribution of trust property is made pursuant to	1229
division (B) of this section, a beneficiary of the trust shall	1230
return any distribution to the extent that it exceeds the	1231
distribution to which the beneficiary is entitled if the trust, an	1232
amendment to the trust, or a transfer made to the trust later is	1233
determined to be invalid.	1234

(D) This section applies only to revocable trusts that are	1235
made irrevocable by the death of the grantor of the trust if the	1236
grantor dies on or after the effective date of this section.	1237

Sec. 3923.061.  (A) On and after January 1, 2003, any	1238
insurance company authorized to do business in this state shall	1239
pay interest, in accordance with division (B) of this section and	1240
subject to division (C) of this section, on any proceeds that	1241
become due pursuant to the terms of a policy of sickness and	1242
accident insurance due to the death of the insured by sickness or	1243
accident.	1244

(B) The interest payable pursuant to division (A) of this	1245
section shall be computed from the date of the death of the	1246
insured to the date of the payment of the proceeds and shall be at	1247
whichever of the following rates is greater:	1248

(1) The annual short-term applicable federal rate for	1249
purposes of section 1274(d) of the Internal Revenue Code, as	1250
defined in section 5747.01 of the Revised Code, in effect for the	1251
month in which the insured died;	1252

(2) The current rate of interest on proceeds left on	1253
deposit with the company under an interest settlement option	1254
contained in the policy of sickness and accident insurance.	1255

(C) Division (A) or (B) of this section does not require	1256
the payment of interest unless the insured was a resident of this	1257
state on the date of the insured's death and unless the	1258
beneficiary under the policy of sickness and accident insurance	1259
elects in writing to receive, or a written election has been made	1260
for the beneficiary to receive, the proceeds of the policy by	1261
means of a lump sum payment.	1262

Sec. 4503.12.  Upon the transfer of ownership of a motor	1263
vehicle, the registration of the motor vehicle expires, and the	1264
original owner immediately shall remove the license plates from	1265
the motor vehicle, except that:	1266

(A) If a statutory merger or consolidation results in the	1267
transfer of ownership of a motor vehicle from a constituent	1268
corporation to the surviving corporation, or if the incorporation	1269
of a proprietorship or partnership results in the transfer of	1270
ownership of a motor vehicle from the proprietorship or	1271
partnership to the corporation, the registration shall be	1272
continued upon the filing by the surviving or new corporation,	1273
within thirty days of such transfer, of an application for an	1274
amended certificate of registration, unless such registration is	1275
prohibited by division (D) of section 2935.27, division (A) of	1276
section 2937.221, division (B) of section 4507.168, or division	1277
(B)(1) of section 4521.10 of the Revised Code. The application	1278
shall be accompanied by a service fee of two dollars and	1279
seventy-five cents commencing on July 1, 2001, three dollars and	1280
twenty-five cents commencing on January 1, 2003, and three dollars	1281
and fifty cents commencing on January 1, 2004, a transfer fee of	1282
one dollar, and the original certificate of registration. Upon a	1283
proper filing, the registrar of motor vehicles shall issue an	1284
amended certificate of registration in the name of the new owner.	1285

(B) If the death of the owner of a motor vehicle results in	1286
the transfer of ownership of the motor vehicle to the surviving	1287
spouse of the owner or if a motor vehicle is owned by two persons	1288
under joint ownership with right of survivorship established under	1289
section 2106.172131.12 of the Revised Code and one of those	1290
persons dies, the registration shall be continued upon the filing	1291
by the surviving spousesurvivor of an application for an amended	1292
certificate of registration, unless such registration is	1293
prohibited by division (D) of section 2935.27, division (A) of	1294
section 2937.221, division (A) of section 4503.13, division (B) of	1295
section 4507.168, or division (B)(1) of section 4521.10 of the	1296
Revised Code. The application shall be accompanied by a service	1297
fee of two dollars and seventy-five cents commencing on July 1,	1298
2001, three dollars and twenty-five cents commencing on January 1,	1299
2003, and three dollars and fifty cents commencing on January 1,	1300
2004, a transfer fee of one dollar, the original certificate of	1301
registration, and, in relation to a motor vehicle that is owned by	1302
two persons under joint ownership with right of survivorship	1303
established under section 2106.172131.12 of the Revised Code, by	1304
a copy of the certificate of title that specifies that the vehicle	1305
is owned under joint ownership with right of survivorship. Upon a	1306
proper filing, the registrar shall issue an amended certificate of	1307
registration in the name of the surviving spousesurvivor.	1308

(C) If the death of the owner of a motor vehicle results in	1309
the transfer of ownership of the motor vehicle to a	1310
transfer-on-death beneficiary or beneficiaries designated under	1311
section 2131.13 of the Revised Code, the registration shall be	1312
continued upon the filing by the transfer-on-death beneficiary or	1313
beneficiaries of an application for an amended certificate of	1314
registration, unless that registration is prohibited by division	1315
(D) of section 2935.27, division (A) of section 2937.221, division	1316
(A) of section 4503.13, division (B) of section 4507.168, or	1317
division (B)(1) of section 4521.10 of the Revised Code. The	1318
application shall be accompanied by a service fee of two dollars	1319
and seventy-five cents commencing on July 1, 2001, three dollars	1320
and twenty-five cents commencing on January 1, 2003, and three	1321
dollars and fifty cents commencing on January 1, 2004, a transfer	1322
fee of one dollar, the original certificate of registration, and a	1323
copy of the certificate of title that specifies that the owner of	1324
the motor vehicle has designated the motor vehicle in beneficiary	1325
form under section 2131.13 of the Revised Code. Upon a proper	1326
filing, the registrar shall issue an amended certificate of	1327
registration in the name of the transfer-on-death beneficiary or	1328
beneficiaries.	1329

(D) If the original owner of a motor vehicle that has been	1330
transferred makes application for the registration of another	1331
motor vehicle at any time during the remainder of the registration	1332
period for which the transferred motor vehicle was registered, the	1333
owner, unless such registration is prohibited by division (D) of	1334
section 2935.27, division (A) of section 2937.221, division (A) of	1335
section 4503.13, division (E) of section 4503.234, division (B) of	1336
section 4507.168, or division (B)(1) of section 4521.10 of the	1337
Revised Code, may file an application for transfer of the	1338
registration and, where applicable, the license plates,	1339
accompanied by a service fee of two dollars and seventy-five	1340
cents commencing on July 1, 2001, three dollars and twenty-five	1341
cents commencing on January 1, 2003, and three dollars and fifty	1342
cents commencing on January 1, 2004, a transfer fee of one dollar,	1343
and the original certificate of registration. The transfer of the	1344
registration and, where applicable, the license plates from the	1345
motor vehicle for which they originally were issued to a	1346
succeeding motor vehicle purchased by the same person in whose	1347
name the original registration and license plates were issued	1348
shall be done within a period not to exceed thirty days. During	1349
that thirty-day period, the license plates from the motor vehicle	1350
for which they originally were issued may be displayed on the	1351
succeeding motor vehicle, and the succeeding motor vehicle may be	1352
operated on the public roads and highways in this state.	1353

At the time of application for transfer, the registrar shall	1354
compute and collect the amount of tax due on the succeeding motor	1355
vehicle, based upon the amount that would be due on a new	1356
registration as of the date on which the transfer is made less a	1357
credit for the unused portion of the original registration	1358
beginning on that date. If the credit exceeds the amount of tax	1359
due on the new registration, no refund shall be made. In	1360
computing the amount of tax due and credits to be allowed under	1361
this division, the provisions of division (B)(1)(a) and (b) of	1362
section 4503.11 of the Revised Code shall apply. As to passenger	1363
cars, noncommercial vehicles, motor homes, and motorcycles,	1364
transfers within or between these classes of motor vehicles only	1365
shall be allowed. If the succeeding motor vehicle is of a	1366
different class than the motor vehicle for which the registration	1367
originally was issued, new license plates also shall be issued	1368
upon the surrender of the license plates originally issued and	1369
payment of the fees provided in divisions (C) and (D) of section	1370
4503.10 of the Revised Code.	1371

(D)(E) The owner of a commercial car having a gross vehicle	1372
weight or combined gross vehicle weight of more than ten thousand	1373
pounds may transfer the registration of that commercial car to	1374
another commercial car the owner owns without transferring	1375
ownership of the first commercial car, unless registration of the	1376
second commercial car is prohibited by division (D) of section	1377
2935.27, division (A) of section 2937.221, division (A) of section	1378
4503.13, division (B) of section 4507.168, or division (B)(1) of	1379
section 4521.10 of the Revised Code. At any time during the	1380
remainder of the registration period for which the first	1381
commercial car was registered, the owner may file an application	1382
for the transfer of the registration and, where applicable, the	1383
license plates, accompanied by a service fee of two dollars and	1384
seventy-five cents commencing on July 1, 2001, three dollars and	1385
twenty-five cents commencing on January 1, 2003, and three dollars	1386
and fifty cents commencing on January 1, 2004, a transfer fee of	1387
one dollar, and the certificate of registration of the first	1388
commercial car. The amount of any tax due or credit to be allowed	1389
for a transfer of registration under this division shall be	1390
computed in accordance with division (C)(D) of this section.	1391

No commercial car to which a registration is transferred	1392
under this division shall be operated on a public road or highway	1393
in this state until after the transfer of registration is	1394
completed in accordance with this division.	1395

(E)(F) Upon application to the registrar or a deputy	1396
registrar, a person who owns or leases a motor vehicle may	1397
transfer special license plates assigned to that vehicle to any	1398
other vehicle that the person owns or leases or that is owned or	1399
leased by the person's spouse. The application shall be	1400
accompanied by a service fee of two dollars and seventy-five	1401
cents commencing on July 1, 2001, three dollars and twenty-five	1402
cents commencing on January 1, 2003, and three dollars and fifty	1403
cents commencing on January 1, 2004, a transfer fee of one dollar,	1404
and the original certificate of registration. As appropriate, the	1405
application also shall be accompanied by a power of attorney for	1406
the registration of a leased vehicle and a written statement	1407
releasing the special plates to the applicant. Upon a proper	1408
filing, the registrar or deputy registrar shall assign the special	1409
license plates to the motor vehicle owned or leased by the	1410
applicant and issue a new certificate of registration for that	1411
motor vehicle.	1412

As used in division (E)(F) of this section, "special license	1413
plates" means either of the following:	1414

(1) Any license plates for which the person to whom the	1415
license plates are issued must pay an additional fee in excess of	1416
the fees prescribed in section 4503.04 of the Revised Code,	1417
Chapter 4504. of the Revised Code, and the service fee prescribed	1418
in division (D) or (G) of section 4503.10 of the Revised Code;	1419

(2) License plates issued under section 4503.44 of the	1420
Revised Code.	1421

Sec. 4505.06.  (A)(1) Application for a certificate of title	1422
shall be made in a form prescribed by the registrar of motor	1423
vehicles and shall be sworn to before a notary public or other	1424
officer empowered to administer oaths. The application shall be	1425
filed with the clerk of any court of common pleas. An	1426
application for a certificate of title may be filed	1427
electronically by any electronic means approved by the registrar	1428
in any county with the clerk of the court of common pleas of	1429
that county. Any payments required by this chapter shall be	1430
considered as accompanying any electronically transmitted	1431
application when payment actually is received by the clerk.	1432
Payment of any fee or taxes may be made by electronic transfer	1433
of funds.	1434

(2) The application for a certificate of title shall be	1435
accompanied by the fee prescribed in section 4505.09 of the	1436
Revised Code. The fee shall be retained by the clerk who issues	1437
the certificate of title and shall be distributed in accordance	1438
with that section. If a clerk of a court of common pleas, other	1439
than the clerk of the court of common pleas of an applicant's	1440
county of residence, issues a certificate of title to the	1441
applicant, the clerk shall transmit data related to the	1442
transaction to the automated title processing system.	1443

(3) If a certificate of title previously has been issued for	1444
a motor vehicle in this state, the application for a	1445
certificate of title also shall be accompanied by that	1446
certificate of title duly assigned, unless otherwise provided in	1447
this chapter. If a certificate of title previously has not been	1448
issued for the motor vehicle in this state, the application,	1449
unless otherwise provided in this chapter, shall be accompanied	1450
by a manufacturer's or importer's certificate or by a certificate	1451
of title of another state from which the motor vehicle was	1452
brought into this state. If the application refers to a motor	1453
vehicle last previously registered in another state, the	1454
application also shall be accompanied by the physical inspection	1455
certificate required by section 4505.061 of the Revised Code. If	1456
the application is made by two persons regarding a motor vehicle	1457
in which they wish to establish joint ownership with right of	1458
survivorship, they may do so as provided in section 2106.17	1459
2131.12 of the Revised Code. If the applicant requests a	1460
designation of the motor vehicle in beneficiary form so that upon	1461
the death of the owner of the motor vehicle, ownership of the	1462
motor vehicle will pass to a designated transfer-on-death	1463
beneficiary or beneficiaries, the applicant may do so as provided	1464
in section 2131.13 of the Revised Code. A person who establishes	1465
ownership of a motor vehicle that is transferable on death in	1466
accordance with section 2131.13 of the Revised Code may terminate	1467
that type of ownership or change the designation of the	1468
transfer-on-death beneficiary or beneficiaries by applying for a	1469
certificate of title pursuant to this section. The clerk shall	1470
retain the evidence of title presented by the applicant and on	1471
which the certificate of title is issued, except that, if an	1472
application for a certificate of title is filed electronically	1473
by an electronic motor vehicle dealer on behalf of the purchaser	1474
of a motor vehicle, the clerk shall retain the completed	1475
electronic record to which the dealer converted the certificate	1476
of title application and other required documents. The	1477
electronic motor vehicle dealer shall forward the actual	1478
application and all other documents relating to the sale of the	1479
motor vehicle to any clerk within thirty days after the	1480
certificate of title is issued. The registrar, after consultation	1481
with the attorney general, shall adopt rules that govern the	1482
location at which, and the manner in which, are stored the actual	1483
application and all other documents relating to the sale of a	1484
motor vehicle when an electronic motor vehicle dealer files the	1485
application for a certificate of title electronically on behalf of	1486
the purchaser.	1487

The clerk shall use reasonable diligence in ascertaining	1488
whether or not the facts in the application for a certificate of	1489
title are true by checking the application and documents	1490
accompanying it or the electronic record to which a dealer	1491
converted the application and accompanying documents with the	1492
records of motor vehicles in the clerk's office. If the clerk is	1493
satisfied that the applicant is the owner of the motor vehicle	1494
and that the application is in the proper form, the clerk,	1495
within five business days after the application is filed, shall	1496
issue a physical certificate of title over the clerk's signature	1497
and sealed with the clerk's seal unless the applicant	1498
specifically requests the clerk not to issue a physical	1499
certificate of title and instead to issue an electronic	1500
certificate of title. For purposes of the transfer of a	1501
certificate of title, if the clerk is satisfied that the secured	1502
party has duly discharged a lien notation but has not canceled	1503
the lien notation with a clerk, the clerk may cancel the lien	1504
notation on the automated title processing system and notify the	1505
clerk of the county of origin.	1506

(4) In the case of the sale of a motor vehicle to a general	1507
buyer or user by a dealer, by a motor vehicle leasing dealer	1508
selling the motor vehicle to the lessee or, in a case in which	1509
the leasing dealer subleased the motor vehicle, the sublessee,	1510
at the end of the lease agreement or sublease agreement, or by a	1511
manufactured home broker, the certificate of title shall be	1512
obtained in the name of the buyer by the dealer, leasing dealer,	1513
or manufactured home broker, as the case may be, upon	1514
application signed by the buyer. The certificate of title shall	1515
be issued, or the process of entering the certificate of title	1516
application information into the automated title processing	1517
system if a physical certificate of title is not to be issued	1518
shall be completed, within five business days after the	1519
application for title is filed with the clerk. If the buyer of	1520
the motor vehicle previously leased the motor vehicle and is	1521
buying the motor vehicle at the end of the lease pursuant to that	1522
lease, the certificate of title shall be obtained in the name of	1523
the buyer by the motor vehicle leasing dealer who previously	1524
leased the motor vehicle to the buyer or by the motor vehicle	1525
leasing dealer who subleased the motor vehicle to the buyer	1526
under a sublease agreement.	1527

In all other cases, except as provided in section 4505.032	1528
and division (D)(2) of section 4505.11 of the Revised Code, such	1529
certificates shall be obtained by the buyer.	1530

(5)(a)(i) If the certificate of title is being obtained in	1531
the name of the buyer by a motor vehicle dealer or motor vehicle	1532
leasing dealer and there is a security interest to be noted on the	1533
certificate of title, the dealer or leasing dealer shall submit	1534
the application for the certificate of title and payment of the	1535
applicable tax to a clerk within seven business days after the	1536
later of the delivery of the motor vehicle to the buyer or the	1537
date the dealer or leasing dealer obtains the manufacturer's or	1538
importer's certificate, or certificate of title issued in the name	1539
of the dealer or leasing dealer, for the motor vehicle. Submission	1540
of the application for the certificate of title and payment of the	1541
applicable tax within the required seven business days may be	1542
indicated by postmark or receipt by a clerk within that period.	1543

(ii) Upon receipt of the certificate of title with the	1544
security interest noted on its face, the dealer or leasing dealer	1545
shall forward the certificate of title to the secured party at the	1546
location noted in the financing documents or otherwise specified	1547
by the secured party.	1548

(iii) A motor vehicle dealer or motor vehicle leasing dealer	1549
is liable to a secured party for a late fee of ten dollars per day	1550
for each certificate of title application and payment of the	1551
applicable tax that is submitted to a clerk more than seven	1552
business days but less than twenty-one days after the later of the	1553
delivery of the motor vehicle to the buyer or the date the dealer	1554
or leasing dealer obtains the manufacturer's or importer's	1555
certificate, or certificate of title issued in the name of the	1556
dealer or leasing dealer, for the motor vehicle and, from then on,	1557
twenty-five dollars per day until the application and applicable	1558
tax are submitted to a clerk.	1559

(b) In all cases of transfer of a motor vehicle, the	1560
application for certificate of title shall be filed within	1561
thirty days after the assignment or delivery of the motor	1562
vehicle. If an application for a certificate of title is not	1563
filed within the period specified in division (A)(5)(b) of this	1564
section, the clerk shall collect a fee of five dollars for the	1565
issuance of the certificate, except that no such fee shall be	1566
required from a motor vehicle salvage dealer, as defined in	1567
division (A) of section 4738.01 of the Revised Code, who	1568
immediately surrenders the certificate of title for	1569
cancellation. The fee shall be in addition to all other fees	1570
established by this chapter, and shall be retained by the clerk.	1571
The registrar shall provide, on the certificate of title form	1572
prescribed by section 4505.07 of the Revised Code, language	1573
necessary to give evidence of the date on which the assignment or	1574
delivery of the motor vehicle was made.	1575

(6) As used in division (A) of this section, "lease	1576
agreement," "lessee," and "sublease agreement" have the same	1577
meanings as in section 4505.04 of the Revised Code.	1578

(B) The clerk, except as provided in this section, shall	1579
refuse to accept for filing any application for a certificate of	1580
title and shall refuse to issue a certificate of title unless the	1581
dealer or manufactured home broker or the applicant, in cases in	1582
which the certificate shall be obtained by the buyer, submits	1583
with the application payment of the tax levied by or pursuant to	1584
Chapters 5739. and 5741. of the Revised Code based on the	1585
purchaser's county of residence. Upon payment of the tax in	1586
accordance with division (E) of this section, the clerk shall	1587
issue a receipt prescribed by the registrar and agreed upon by the	1588
tax commissioner showing payment of the tax or a receipt issued	1589
by the commissioner showing the payment of the tax. When	1590
submitting payment of the tax to the clerk, a dealer shall	1591
retain any discount to which the dealer is entitled under	1592
section 5739.12 of the Revised Code.	1593

For receiving and disbursing such taxes paid to the clerk by	1594
a resident of the clerk's county, the clerk may retain a poundage	1595
fee of one and one one-hundredth per cent, whichand the clerk	1596
shall be paidpay the poundage fee into the certificate of title	1597
administration fund created by section 325.33 of the Revised	1598
Code. The clerk shall not retain a poundage fee from payments of	1599
taxes by persons who do not reside in the clerk's county.	1600

A clerk, however, may retain from the taxes paid to the clerk	1601
an amount equal to the poundage fees associated with certificates	1602
of title issued by other clerks of courts of common pleas to	1603
applicants who reside in the first clerk's county. The registrar,	1604
in consultation with the tax commissioner and the clerks of the	1605
courts of common pleas, shall develop a report from the automated	1606
title processing system that informs each clerk of the amount of	1607
the poundage fees that the clerk is permitted to retain from those	1608
taxes because of certificates of title issued by the clerks of	1609
other counties to applicants who reside in the first clerk's	1610
county.	1611

In the case of casual sales of motor vehicles, as defined in	1612
section 4517.01 of the Revised Code, the price for the purpose of	1613
determining the tax shall be the purchase price on the assigned	1614
certificate of title executed by the seller and filed with the	1615
clerk by the buyer on a form to be prescribed by the registrar,	1616
which shall be prima-facie evidence of the amount for the	1617
determination of the tax.	1618

(C)(1) If the transferor indicates on the certificate of	1619
title that the odometer reflects mileage in excess of the	1620
designed mechanical limit of the odometer, the clerk shall enter	1621
the phrase "exceeds mechanical limits" following the mileage	1622
designation. If the transferor indicates on the certificate of	1623
title that the odometer reading is not the actual mileage, the	1624
clerk shall enter the phrase "nonactual: warning - odometer	1625
discrepancy" following the mileage designation. The clerk shall	1626
use reasonable care in transferring the information supplied by	1627
the transferor, but is not liable for any errors or omissions of	1628
the clerk or those of the clerk's deputies in the performance of	1629
the clerk's duties created by this chapter.	1630

The registrar shall prescribe an affidavit in which the	1631
transferor shall swear to the true selling price and, except as	1632
provided in this division, the true odometer reading of the motor	1633
vehicle. The registrar may prescribe an affidavit in which the	1634
seller and buyer provide information pertaining to the odometer	1635
reading of the motor vehicle in addition to that required by this	1636
section, as such information may be required by the United States	1637
secretary of transportation by rule prescribed under authority of	1638
subchapter IV of the "Motor Vehicle Information and Cost Savings	1639
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	1640

(2) Division (C)(1) of this section does not require the	1641
giving of information concerning the odometer and odometer	1642
reading of a motor vehicle when ownership of a motor vehicle is	1643
being transferred as a result of a bequest, under the laws of	1644
intestate succession, to a surviving spousesurvivor pursuant to	1645
section 2106.17, 2106.18, 2131.12, or 4505.10 of the Revised	1646
Code, to a transfer-on-death beneficiary or beneficiaries pursuant	1647
to section 2131.13 of the Reviseed Code, or in connection with the	1648
creation of a security interest.	1649

(D) When the transfer to the applicant was made in some	1650
other state or in interstate commerce, the clerk, except as	1651
provided in this section, shall refuse to issue any certificate	1652
of title unless the tax imposed by or pursuant to Chapter 5741.	1653
of the Revised Code based on the purchaser's county of residence	1654
has been paid as evidenced by a receipt issued by the tax	1655
commissioner, or unless the applicant submits with the	1656
application payment of the tax. Upon payment of the tax in	1657
accordance with division (E) of this section, the clerk shall	1658
issue a receipt prescribed by the registrar and agreed upon by	1659
the tax commissioner, showing payment of the tax.	1660

For receiving and disbursing such taxes paid to the clerk	1661
by a resident of the clerk's county, the clerk may retain a	1662
poundage fee of one and one one-hundredth per cent. The clerk	1663
shall not retain a poundage fee from payments of taxes by persons	1664
who do not reside in the clerk's county.	1665

A clerk, however, may retain from the taxes paid to the clerk	1666
an amount equal to the poundage fees associated with certificates	1667
of title issued by other clerks of courts of common pleas to	1668
applicants who reside in the first clerk's county. The registrar,	1669
in consultation with the tax commissioner and the clerks of the	1670
courts of common pleas, shall develop a report from the automated	1671
title processing system that informs each clerk of the amount of	1672
the poundage fees that the clerk is permitted to retain from those	1673
taxes because of certificates of title issued by the clerks of	1674
other counties to applicants who reside in the first clerk's	1675
county.	1676

When the vendor is not regularly engaged in the business of	1677
selling motor vehicles, the vendor shall not be required to	1678
purchase a vendor's license or make reports concerning those	1679
sales.	1680

(E) The clerk shall accept any payment of a tax in cash, or	1681
by cashier's check, certified check, draft, money order, or	1682
teller check issued by any insured financial institution payable	1683
to the clerk and submitted with an application for a certificate	1684
of title under division (B) or (D) of this section. The clerk	1685
also may accept payment of the tax by corporate, business, or	1686
personal check, credit card, electronic transfer or wire	1687
transfer, debit card, or any other accepted form of payment made	1688
payable to the clerk. The clerk may require bonds, guarantees,	1689
or letters of credit to ensure the collection of corporate,	1690
business, or personal checks. Any service fee charged by a	1691
third party to a clerk for the use of any form of payment may be	1692
paid by the clerk from the certificate of title administration	1693
fund created in section 325.33 of the Revised Code, or may be	1694
assessed by the clerk upon the applicant as an additional fee.	1695
Upon collection, the additional fees shall be paid by the clerk	1696
into that certificate of title administration fund.	1697

The clerk shall make a good faith effort to collect any	1698
payment of taxes due but not made because the payment was	1699
returned or dishonored, but the clerk is not personally liable	1700
for the payment of uncollected taxes or uncollected fees. The	1701
clerk shall notify the tax commissioner of any such payment of	1702
taxes that is due but not made and shall furnish suchthe	1703
information to the commissioner asthat the commissioner	1704
requires. The clerk shall deduct the amount of taxes due but not	1705
paid from the clerk's periodic remittance of tax payments, in	1706
accordance with procedures agreed upon by the tax commissioner.	1707
The commissioner may collect taxes due by assessment in the	1708
manner provided in section 5739.13 of the Revised Code.	1709

Any person who presents payment that is returned or	1710
dishonored for any reason is liable to the clerk for payment of a	1711
penalty over and above the amount of the taxes due. The clerk	1712
shall determine the amount of the penalty, whichand the penalty	1713
shall be no greater than that amount necessary to compensate the	1714
clerk for banking charges, legal fees, or other expenses	1715
incurred by the clerk in collecting the returned or dishonored	1716
payment. The remedies and procedures provided in this section	1717
are in addition to any other available civil or criminal	1718
remedies. Subsequently collected penalties, poundage fees, and	1719
title fees, less any title fee due the state, from returned or	1720
dishonored payments collected by the clerk shall be paid into the	1721
certificate of title administration fund. Subsequently	1722
collected taxes, less poundage fees, shall be sent by the clerk	1723
to the treasurer of state at the next scheduled periodic	1724
remittance of tax payments, with information as the	1725
commissioner may require. The clerk may abate all or any part of	1726
any penalty assessed under this division.	1727

(F) In the following cases, the clerk shall accept for	1728
filing an application and shall issue a certificate of title	1729
without requiring payment or evidence of payment of the tax:	1730

(1) When the purchaser is this state or any of its	1731
political subdivisions, a church, or an organization whose	1732
purchases are exempted by section 5739.02 of the Revised Code;	1733

(2) When the transaction in this state is not a retail sale	1734
as defined by section 5739.01 of the Revised Code;	1735

(3) When the purchase is outside this state or in	1736
interstate commerce and the purpose of the purchaser is not to	1737
use, store, or consume within the meaning of section 5741.01 of	1738
the Revised Code;	1739

(4) When the purchaser is the federal government;

1740

(5) When the motor vehicle was purchased outside this state	1741
for use outside this state;	1742

(6) When the motor vehicle is purchased by a nonresident of	1743
this state for immediate removal from this state, and will be	1744
permanently titled and registered in another state, as provided	1745
by division (B)(23) of section 5739.02 of the Revised Code, and	1746
upon presentation of a copy of the affidavit provided by that	1747
section, and a copy of the exemption certificate provided by	1748
section 5739.03 of the Revised Code.	1749

The clerk shall forward all payments of taxes, less poundage	1750
fees, to the treasurer of state in a manner to be prescribed by	1751
the tax commissioner and shall furnish information to the	1752
commissioner as the commissioner requires.	1753

(G) An application, as prescribed by the registrar and	1754
agreed to by the tax commissioner, shall be filled out and sworn	1755
to by the buyer of a motor vehicle in a casual sale. The	1756
application shall contain the following notice in bold lettering:	1757
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You	1758
are required by law to state the true selling price. A false	1759
statement is in violation of section 2921.13 of the Revised Code	1760
and is punishable by six months' imprisonment or a fine of up to	1761
one thousand dollars, or both. All transfers are audited by the	1762
department of taxation. The seller and buyer must provide any	1763
information requested by the department of taxation. The buyer	1764
may be assessed any additional tax found to be due."	1765

(H) For sales of manufactured homes or mobile homes	1766
occurring on or after January 1, 2000, the clerk shall accept for	1767
filing, pursuant to Chapter 5739. of the Revised Code, an	1768
application for a certificate of title for a manufactured home or	1769
mobile home without requiring payment of any tax pursuant to	1770
section 5739.02, 5741.021, 5741.022, or 5741.023 of the Revised	1771
Code, or a receipt issued by the tax commissioner showing payment	1772
of the tax. For sales of manufactured homes or mobile homes	1773
occurring on or after January 1, 2000, the applicant shall pay to	1774
the clerk an additional fee of five dollars for each certificate	1775
of title issued by the clerk for a manufactured or mobile home	1776
pursuant to division (H) of section 4505.11 of the Revised Code	1777
and for each certificate of title issued upon transfer of	1778
ownership of the home. The clerk shall credit the fee to the	1779
county certificate of title administration fund, and the fee shall	1780
be used to pay the expenses of archiving suchthose certificates	1781
pursuant to division (A) of section 4505.08 and division (H)(3)	1782
of section 4505.11 of the Revised Code. The tax commissioner	1783
shall administer any tax on a manufactured or mobile home	1784
pursuant to Chapters 5739. and 5741. of the Revised Code.	1785

(I) Every clerk shall have the capability to transact by	1786
electronic means all procedures and transactions relating to the	1787
issuance of motor vehicle certificates of title that are	1788
described in the Revised Code as being accomplished by	1789
electronic means.	1790

Sec. 4505.10.  (A) In the event of the transfer of ownership	1791
of a motor vehicle by operation of law, as upon inheritance,	1792
devise, bequest, order in bankruptcy, insolvency, replevin, or	1793
execution sale, a motor vehicle is sold to satisfy storage or	1794
repair charges, or repossession is had upon default in performance	1795
of the terms of a security agreement as provided in Chapter 1309.	1796
of the Revised Code and the secured party has notified the debtor	1797
as required by division (B) of section 1309.611 of the Revised	1798
Code, a clerk of a court of common pleas, upon the surrender of	1799
the prior certificate of title or the manufacturer's or importer's	1800
certificate, or, when that is not possible, upon presentation of	1801
satisfactory proof to the clerk of ownership and rights of	1802
possession to the motor vehicle, and upon payment of the fee	1803
prescribed in section 4505.09 of the Revised Code and presentation	1804
of an application for certificate of title, may issue to the	1805
applicant a certificate of title to the motor vehicle. Only an	1806
affidavit by the person or agent of the person to whom possession	1807
of the motor vehicle has passed, setting forth the facts entitling	1808
the person to the possession and ownership, together with a copy	1809
of the journal entry, court order, or instrument upon which the	1810
claim of possession and ownership is founded, is satisfactory	1811
proof of ownership and right of possession. If the applicant	1812
cannot produce that proof of ownership, the applicant may apply	1813
directly to the registrar of motor vehicles and submit the	1814
evidence the applicant has, and the registrar, if the registrar	1815
finds the evidence sufficient, then may authorize a clerk to issue	1816
a certificate of title. If, from the records in the office of the	1817
clerk involved, there appears to be any lien on the motor vehicle,	1818
the certificate of title shall contain a statement of the lien	1819
unless the application is accompanied by proper evidence of its	1820
extinction.	1821

(B) A clerk shall transfer a decedent's interest in one or	1822
two automobiles to the surviving spouse of the decedent, as	1823
provided in section 2106.18 of the Revised Code, upon receipt of	1824
the title or titles. An affidavit executed by the surviving	1825
spouse shall be submitted to the clerk with the title or titles.	1826
The affidavit shall give the date of death of the decedent, shall	1827
state that each automobile for which the decedent's interest is to	1828
be so transferred is not disposed of by testamentary disposition,	1829
and shall provide an approximate value for each automobile	1830
selected to be transferred by the surviving spouse. The affidavit	1831
shall also contain a description for each automobile for which the	1832
decedent's interest is to be so transferred. The transfer does	1833
not affect any liens upon any automobile for which the decedent's	1834
interest is so transferred.	1835

(C) Upon the death of one of the persons who have	1836
established joint ownership with right of survivorship under	1837
section 2106.172131.12 of the Revised Code in a motor vehicle,	1838
and upon presentation to a clerk of the title and the certificate	1839
of death of the decedent, the clerk shall transfer title to the	1840
motor vehicle to the survivor. The transfer does not affect any	1841
liens upon any motor vehicle so transferred.	1842

(D) Upon the death of the owner of a motor vehicle	1843
designated in beneficiary form under section 2131.13 of the	1844
Revised Code, upon application for a certificate of title by the	1845
transfer-on-death beneficiary or beneficiaries designated pursuant	1846
to that section, and upon presentation to the clerk of the	1847
certificate of title and the certificate of death of the decedent,	1848
the clerk shall transfer the motor vehicle and issue a certificate	1849
of title to the transfer-on-death beneficiary or beneficiaries.	1850
The transfer does not affect any liens upon the motor vehicle so	1851
transferred.	1852

Sec. 4549.08.  No person shall operate or drive a motor	1853
vehicle upon the public roads and highways in this state if it	1854
displays a license plate or a distinctive number or identification	1855
mark that meets any of the following criteria:	1856

(A) Is fictitious;

1857

(B) Is a counterfeit or an unlawfully made copy of any	1858
distinctive number or identification mark;	1859

(C) Belongs to another motor vehicle, provided that this	1860
section does not apply to a motor vehicle that is operated on the	1861
public roads and highways in this state when the motor vehicle	1862
displays license plates that originally were issued for a motor	1863
vehicle that previously was owned by the same person who owns the	1864
motor vehicle that is operated on the public roads and highways in	1865
this state, during the thirty-day period described in division	1866
(C)(D) of section 4503.12 of the Revised Code.	1867

A person who fails to comply with the transfer of	1868
registration provisions of section 4503.12 of the Revised Code and	1869
is charged with a violation of that section shall not be charged	1870
with a violation of this section.	1871

Sec. 4549.41.  As used in sections 4549.41 to 4549.51 of the	1872
Revised Code:	1873

(A) "Person" includes an individual, corporation,	1874
government, governmental subdivision or agency, business trust,	1875
estate, trust, partnership, association, or cooperative or any	1876
other legal entity, whether acting individually or by their	1877
agents, officers, employees, or representatives.	1878

(B) "Motor vehicle" means any vehicle driven or drawn by	1879
mechanical power for use on the public streets, roads, or	1880
highways.	1881

(C) "Odometer" means an instrument for measuring and	1882
recording the total distance whichthat a motor vehicle travels	1883
while in operation, including any cable, line, or other part	1884
necessary to make the instrument function properly. Odometer does	1885
not include any auxiliary odometer designed to be reset by the	1886
operator of a motor vehicle for the purpose of recording mileage	1887
on trips.	1888

(D) "Transfer" means to change ownership of a motor vehicle	1889
by purchase, by gift, or, except as otherwise provided in this	1890
division, by any other means. A "transfer" does not include a	1891
change of ownership as a result of a bequest, under the laws of	1892
intestate succession, as a result of a surviving spouse's actions	1893
pursuant to section 2106.18 or 4505.10 of the Revised Code, as a	1894
result of the operation of section 2106.172131.12 or 2131.13 of	1895
the Revised Code, or in connection with the creation of a security	1896
interest.	1897

(E) "Transferor" means the person involved in a transfer,	1898
who transfers ownership of a motor vehicle.	1899

(F) "Transferee" means the person involved in a transfer, to	1900
whom the ownership of a motor vehicle is transferred.	1901

(G) "Service" means to repair or replace an odometer which	1902
that is not properly functioning.	1903

Section 2. That existing sections 1339.66, 1339.68, 1340.22,	1904
1547.54, 1548.07, 1548.071, 1548.08, 1548.11, 2106.17, 2106.18,	1905
2107.27, 2107.28, 2109.62, 2113.30, 2113.61, 2117.25, 4503.12,	1906
4505.06, 4505.10, 4549.08, and 4549.41 of the Revised Code are	1907
hereby repealed.	1908

Section 3. That section 2105.39 of the Revised Code, as	1909
enacted by Am. Sub. H.B. 242 of the 124th General Assembly,	1910
effective May 16, 2002, be amended to read as follows:	1911

Sec. 2105.39. (A) Sections 2105.31 to 2105.39 of the	1912
Revised Code do not impair any act done in any proceeding, or any	1913
right that accrued, before January 1May 16, 2002. If a right is	1914
acquired, extinguished, or barred upon the expiration of a	1915
prescribed period of time that has commenced to run prior to	1916
January 1May 16, 2002, under any provision of the Revised Code,	1917
the provision of the applicable section of the Revised Code	1918
applies with respect to that right.	1919

(B) Any rule of construction or presumption that is provided	1920
in sections 2105.31 to 2105.39 of the Revised Code applies to any	1921
governing instrument that is executed, or any multiple-party	1922
account that is opened, prior to January 1May 16, 2002, unless	1923
there is a clear indication of a contrary intent in the governing	1924
instrument or multiple-party account.	1925

(C) If any provision of sections 2105.31 to 2105.39 of the	1926
Revised Code or the application of those sections to any persons	1927
or circumstance is held invalid, the invalidity does not affect	1928
other provisions or applications of sections 2105.31 to 2105.39 of	1929
the Revised Code that can be given effect without the invalid	1930
provision or application.	1931

Section 4. That existing section 2105.39 of the Revised Code,	1932
as enacted by Am. Sub. H.B. 242 of the 124th General Assembly,	1933
effective May 16, 2002, is hereby repealed.	1934

Section 5. That Section 3 of Am. Sub. H.B. 242 of the 124th	1935
General Assembly is hereby repealed.	1936

Section 6. Sections 1 and 2 of this act shall take effect on	1937
the ninety-first day after the effective date of this act.	1938

Section 7. Sections 3, 4, and 5 of this act shall take effect	1939
May 16, 2002.	1940

Section 8. Section 1548.07 of the Revised Code is presented	1941
in this act as a composite of the section as amended by both Sub.	1942
H.B. 458 and Am. Sub. S.B. 182 of the 120th General Assembly.	1943
Section 4505.10 of the Revised Code is presented in this act as a	1944
composite of the section as amended by both Am. Sub. S.B. 74 and	1945
Sub. S.B. 59 of the 124th General Assembly. The General Assembly,	1946
applying the principle stated in division (B) of section 1.52 of	1947
the Revised Code that amendments are to be harmonized if	1948
reasonably capable of simultaneous operation, finds that each	1949
composite is the resulting version of the section in effect prior	1950
to the effective date of the section as presented in this act.	1951

Section 9. This act is hereby declared to be an emergency	1952
measure necessary for the immediate preservation of the public	1953
peace, health, and safety. The reason for such necessity is to	1954
clarify a potential unconstitutional ambiguity in the effective	1955
date of Am. Sub. H.B. 242 of the 124th General Assembly.	1956
Therefore, this act shall go into immediate effect.	1957