REPRESENTATIVES Womer Benjamin, Manning, Willamowski, Sulzer, Seitz, Jones, Rhine, Schmidt, Roman, Salerno, Carano, Wilson, Calvert, Barrett, Krupinski, Hollister, Latta, Coates

To amend sections 1339.66, 1339.68, 1340.22, 1547.54,

1

1548.07, 1548.071, 1548.08, 1548.11, 2106.18,

2

2107.27, 2107.28, 2109.62, 2113.30, 2113.61,

3

2117.25, 4503.12, 4505.06, 4505.10, 4549.08, and

4

4549.41; to amend, for the purpose of adopting a

5

new section number as indicated in parentheses,

6

section 2106.17 (2131.12); and to enact sections

7

1548.072, 2107.06, 2131.13, 2305.121, and 3923.061

8

of the Revised Code relative to the valuation limit

9

for termination of small trusts; transfer on death

10

of a motor vehicle, watercraft, or outboard motor;

11

reimbursement for payment of a decedent's debt;

12

issuance of a certificate of transfer of real

13

property; continuing a decedent's business after

14

death; establishing an age requirement to witness a

15

will; discretionary distributions by a fiduciary;

16

lost, spoliated, or destroyed wills; statute of

17

limitations for certain revocable trusts; and

18

interest on proceeds of sickness and accident

19

insurance policies due to death.

20

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

Section 1. That sections 1339.66, 1339.68, 1340.22, 1547.54,	21
1548.07, 1548.071, 1548.08, 1548.11, 2106.18, 2107.27, 2107.28,	22
2109.62, 2113.30, 2113.61, 2117.25, 4503.12, 4505.06, 4505.10,	23
4549.08, and 4549.41 be amended; section 2106.17 (2131.12) be	24
amended, for the purpose of adopting a new section number as	25
indicated in parentheses; and sections 1548.072, 2107.06, 2131.13,	26
2305.121, and 3923.061 of the Revised Code be enacted to read as	27
follows:	28

Sec. 1339.66.  (A)(1) Upon the filing of a motion by a	29
trustee with the court that has jurisdiction over the trust, upon	30
the provision of reasonable notice to all beneficiaries who are	31
known and in being and who have vested or contingent interests in	32
the trust, and after holding a hearing, the court may terminate	33
the trust, in whole or in part, if it determines that all of the	34
following apply:	35

(a) It is no longer economically feasible to continue the	36
trust;.	37

(b) The termination of the trust is for the benefit of the	38
beneficiaries;.	39

(c) The termination of the trust is equitable and	40
practical;.	41

(d) The current value of the trust is less than fiftyone	42
hundred thousand dollars.	43

(2) The existence of a spendthrift or similar provision in a	44
trust instrument or will does not preclude the termination of a	45
trust pursuant to this section.	46

(B) If property is to be distributed from an estate being	47
probated to a trust and the termination of the trust pursuant to	48
this section does not clearly defeat the intent of the testator,	49
the probate court has jurisdiction to order the outright	50
distribution of the property or to make the property custodial	51
property under sections 1339.31 to 1339.39 of the Revised Code. A	52
probate court may so order whether the application for the order	53
is made by an inter vivos trustee named in the will of the	54
decedent or by a testamentary trustee.	55

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

56

(1) "Disclaimant" means any person, any guardian or personal	57
representative of a person or estate of a person, or any	58
attorney-in-fact or agent of a person having a general or specific	59
authority to act granted in a written instrument, who is any of	60
the following:	61

(a) With respect to testamentary instruments and intestate	62
succession, an heir, next of kin, devisee, legatee, donee, person	63
succeeding to a disclaimed interest, surviving joint tenant,	64
surviving tenant by the entireties, surviving tenant of a tenancy	65
with a right of survivorship, beneficiary under a testamentary	66
instrument, or person designated to take pursuant to a power of	67
appointment exercised by a testamentary instrument;	68

(b) With respect to nontestamentary instruments, a grantee,	69
donee, person succeeding to a disclaimed interest, surviving joint	70
tenant, surviving tenant by the entireties, surviving tenant of a	71
tenancy with a right of survivorship, beneficiary under a	72
nontestamentary instrument, or person designated to take pursuant	73
to a power of appointment exercised by a nontestamentary	74
instrument;	75

(c) With respect to fiduciary rights, privileges, powers,	76
and immunities, a fiduciary under a testamentary or	77
nontestamentary instrument. This section does not authorize a	78
fiduciary to disclaim the rights of beneficiaries unless the	79
instrument creating the fiduciary relationship authorizes such a	80
disclaimer.	81

(d) Any person entitled to take an interest in property upon	82
the death of a person or upon the occurrence of any other event.	83

(2) "Property" means all forms of property, real and	84
personal, tangible and intangible.	85

(B)(1) A disclaimant, other than a fiduciary under an	86
instrument who is not authorized by the instrument to disclaim the	87
interest of a beneficiary, may disclaim, in whole or in part, the	88
succession to any property by executing and by delivering, filing,	89
or recording a written disclaimer instrument in the manner	90
provided in this section.	91

(2) A disclaimant who is a fiduciary under an instrument may	92
disclaim, in whole or in part, any right, power, privilege, or	93
immunity, by executing and by delivering, filing, or recording a	94
written disclaimer instrument in the manner provided in this	95
section.	96

(3) The written instrument of disclaimer shall be signed and	97
acknowledged by the disclaimant and shall contain all of the	98
following:	99

(a) A reference to the donative instrument;

100

(b) A description of the property, part of property, or	101
interest disclaimed, and of any fiduciary right, power, privilege,	102
or immunity disclaimed;	103

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

104

(4) The guardian of the estate of a minor or an incompetent,	105
or the personal representative of a deceased person, with the	106
consent of the probate division of the court of common pleas, may	107
disclaim, in whole or in part, the succession to any property, or	108
interest in property, that the ward, if an adult and competent, or	109
the deceased, if living, might have disclaimed. The guardian or	110
personal representative, or any interested person may file an	111
application with the probate division of the court of common pleas	112
that has jurisdiction of the estate, asking that the court order	113
the guardian or personal representative to execute and deliver,	114
file, or record the disclaimer on behalf of the ward or estate.	115
The court shall order the guardian or personal representative to	116
execute and deliver, file, or record the disclaimer if the court	117
finds, upon hearing after notice to interested parties and such	118
other persons as the court shall direct, that:	119

(a) It is in the best interests of those interested in the	120
estate of the person and of those who will take the disclaimed	121
interest;	122

(b) It would not materially, adversely affect the minor or	123
incompetent, or the beneficiaries of the estate of the decedent,	124
taking into consideration other available resources and the age,	125
probable life expectancy, physical and mental condition, and	126
present and reasonably anticipated future needs of the minor or	127
incompetent or the beneficiaries of the estate of the decedent.	128

A written instrument of disclaimer ordered by the court under	129
this division shall be executed and be delivered, filed, or	130
recorded within the time and in the manner in which the person	131
could have disclaimed if the person were living, an adult, and	132
competent.	133

(C) A partial disclaimer of property that is subject to a	134
burdensome interest created by the donative instrument is not	135
effective unless the disclaimed property constitutes a gift that	136
is separate and distinct from undisclaimed gifts.	137

(D) The disclaimant shall deliver, file, or record the	138
disclaimer, or cause the same to be done, not later than nine	139
months after the latest of the following dates:	140

(1) The effective date of the donative instrument if both	141
the taker and the taker's interest in the property are finally	142
ascertained on that date;	143

(2) The date of the occurrence of the event upon which both	144
the taker and the taker's interest in the property become finally	145
ascertainable;	146

(3) The date on which the disclaimant attains twenty-one	147
years of age or is no longer an incompetent, without tendering or	148
repaying any benefit received while the disclaimant was under	149
twenty-one years of age or an incompetent, and even if a guardian	150
of a minor or incompetent had filed an application pursuant to	151
division (B)(4) of this section and the probate division of the	152
court of common pleas involved did not consent to the guardian	153
executing a disclaimer.	154

(E) No disclaimer instrument is effective under this section	155
if either of the following applies under the terms of the	156
disclaimer instrument:	157

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

158

(2) The disclaimant may transfer, or direct to be	159
transferred, to self the entire legal and equitable ownership of	160
the property subject to the disclaimer instrument.	161

(F)(1) Subject to division (F)(2) of this section, if the	162
interest disclaimed is created by a nontestamentary instrument,	163
the disclaimer instrument shall be delivered personally or by	164
certified mail to the trustee or other person who has legal title	165
to, or possession of, the property disclaimed.	166

(2) If the interest disclaimed is created by a testamentary	167
instrument, by intestate succession, or by a transfer on death	168
deed pursuant to section 5302.22 of the Revised Code, or by a	169
certificate of title to a motor vehicle, watercraft, or outboard	170
motor that evidences ownership of the motor vehicle, watercraft,	171
or outboard motor that is transferable on death pursuant to	172
section 2131.13 of the Revised Code, the disclaimer instrument	173
shall be filed in the probate division of the court of common	174
pleas in the county in which proceedings for the administration of	175
the decedent's estate have been commenced, and an executed copy of	176
the disclaimer instrument shall be delivered personally or by	177
certified mail to the personal representative of the decedent's	178
estate.	179

(3) If no proceedings for the administration of the	180
decedent's estate have been commenced, the disclaimer instrument	181
shall be filed in the probate division of the court of common	182
pleas in the county in which proceedings for the administration of	183
the decedent's estate might be commenced according to law. The	184
disclaimer instrument shall be filed and indexed, and fees	185
charged, in the same manner as provided by law for an application	186
to be appointed as personal representative to administer the	187
decedent's estate. The disclaimer is effective whether or not	188
proceedings thereafter are commenced to administer the decedent's	189
estate. If proceedings thereafter are commenced for the	190
administration of the decedent's estate, they shall be filed	191
under, or consolidated with, the case number assigned to the	192
disclaimer instrument.	193

(4) If an interest in real estate is disclaimed, an executed	194
copy of the disclaimer instrument also shall be recorded in the	195
office of the recorder of the county in which the real estate is	196
located. The disclaimer instrument shall include a description of	197
the real estate with sufficient certainty to identify it, and	198
shall contain a reference to the record of the instrument that	199
created the interest disclaimed. If title to the real estate is	200
registered under Chapters 5309. and 5310. of the Revised Code, the	201
disclaimer interest shall be entered as a memorial on the last	202
certificate of title. A spouse of a disclaimant has no dower or	203
other interest in the real estate disclaimed.	204

(G) Unless the donative instrument expressly provides that,	205
if there is a disclaimer, there shall not be any acceleration of	206
remainders or other interests, the property, part of property, or	207
interest in property disclaimed, and any future interest that is	208
to take effect in possession or enjoyment at or after the	209
termination of the interest disclaimed, shall descend, be	210
distributed, or otherwise be disposed of, and shall be	211
accelerated, in the following manner:	212

(1) If intestate or testate succession is disclaimed, as if	213
the disclaimant had predeceased the decedent;	214

(2) If the disclaimant is one designated to take pursuant to	215
a power of appointment exercised by a testamentary instrument, as	216
if the disclaimant had predeceased the donee of the power;	217

(3) If the donative instrument is a nontestamentary	218
instrument, as if the disclaimant had died before the effective	219
date of the nontestamentary instrument;	220

(4) If the disclaimer is of a fiduciary right, power,	221
privilege, or immunity, as if the right, power, privilege, or	222
immunity was never in the donative instrument.	223

(H) A disclaimer pursuant to this section is effective as	224
of, and relates back for all purposes to, the date upon which the	225
taker and the taker's interest have been finally ascertained.	226

(I) A disclaimant who has a present and future interest in	227
property, and disclaims the disclaimant's present interest in	228
whole or in part, is considered to have disclaimed the	229
disclaimant's future interest to the same extent, unless a	230
contrary intention appears in the disclaimer instrument or the	231
donative instrument. A disclaimant is not precluded from	232
receiving, as an alternative taker, a beneficial interest in the	233
property disclaimed, unless a contrary intention appears in the	234
disclaimer instrument or in the donative instrument.	235

(J) The disclaimant's right to disclaim under this section	236
is barred if, before the expiration of the period within which the	237
disclaimant may disclaim the interest, the disclaimant does any of	238
the following:	239

(1) Assigns, conveys, encumbers, pledges, or transfers, or	240
contracts to assign, convey, encumber, pledge, or transfer, the	241
property or any interest in it;	242

(2) Waives in writing the disclaimant's right to disclaim	243
and executes and delivers, files, or records the waiver in the	244
manner provided in this section for a disclaimer instrument;	245

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

246

(4) Permits or suffers a sale or other disposition of the	247
property pursuant to judicial action against the disclaimant.	248

(K) A fiduciary's application for appointment or assumption	249
of duties as a fiduciary does not waive or bar the disclaimant's	250
right to disclaim a right, power, privilege, or immunity.	251

(L) The right to disclaim under this section exists	252
irrespective of any limitation on the interest of the disclaimant	253
in the nature of a spendthrift provision or similar restriction.	254

(M) A disclaimer instrument or written waiver of the right	255
to disclaim that has been executed and delivered, filed, or	256
recorded as required by this section is final and binding upon all	257
persons.	258

(N) The right to disclaim and the procedures for disclaimer	259
established by this section are in addition to, and do not exclude	260
or abridge, any other rights or procedures existing under any	261
other section of the Revised Code or at common law to assign,	262
convey, release, refuse to accept, renounce, waive, or disclaim	263
property.	264

(O)(1) No person is liable for distributing or disposing of	265
property in a manner inconsistent with the terms of a valid	266
disclaimer if the distribution or disposition is otherwise proper	267
and the person has no actual knowledge of the disclaimer.	268

(2) No person is liable for distributing or disposing of	269
property in reliance upon the terms of a disclaimer that is	270
invalid because the right of disclaimer has been waived or barred	271
if the distribution or disposition is otherwise proper and the	272
person has no actual knowledge of the facts that constitute a	273
waiver or bar to the right to disclaim.	274

(P)(1) A disclaimant may disclaim pursuant to this section	275
any interest in property that is in existence on September 27,	276
1976, if either the interest in the property or the taker of the	277
interest in the property is not finally ascertained on that date.	278

(2) No disclaimer executed pursuant to this section destroys	279
or diminishes an interest in property that exists on September 27,	280
1976, in any person other than the disclaimant.	281

Sec. 1340.22.  (A) Unless the governing instrument	282
conferring the powers specifically refers to this section and	283
states that this section does not apply and except as provided in	284
divisions (B), (C), and (D) of this section, any of the following	285
powers conferred upon a fiduciary by the governing instrument	286
cannot be exercised by the fiduciary:	287

(1) The power to make any discretionary distribution of	288
either principal or income to or for the benefit of the fiduciary	289
in the fiduciary's individual capacity;	290

(2) The power to make any discretionary distribution of	291
either principal or income to satisfy any of the fiduciary's legal	292
obligations in the fiduciary's individual capacity for support or	293
other purposes;	294

(3) The power to make any discretionary distribution of	295
either principal or income to or for the benefit of one or more	296
beneficiaries to the extent that the fiduciary would or could	297
receive a similar distribution in the fiduciary's individual	298
capacity under any governing instrument from the beneficiary or	299
beneficiaries acting as a fiduciary;	300

(4) The power to make any discretionary distribution of	301
either principal or income to or for the benefit of one or more	302
beneficiaries who possess both the right to remove the fiduciary	303
and the right to appoint a successor fiduciary that may include	304
but is not limited to the beneficiary, any of the beneficiaries,	305
or any related or subordinate person, within the meaning of	306
section 672(c) of the "Internal Revenue Code of 1986," 100 Stat.	307
2085, 26 U.S.C. 672(c), with respect to the beneficiary or any of	308
the beneficiaries, if the successor fiduciary has been appointed	309
by the exercise of both of those rights by the beneficiary or	310
beneficiaries.	311

(B)(1) If division (A)(1), (3), or (4) of this section	312
prohibits a fiduciary from exercising any power conferred by the	313
governing instrument, the fiduciary, notwithstanding division	314
(A)(1), (3), or (4) of this section, may exercise the power to the	315
extent set forth in the governing instrument, provided that the	316
exercise of that power, in all events, shall be limited to an	317
ascertainable standard.	318

(2) Any power conferred upon a fiduciary that permits the	319
fiduciary to make discretionary distributions of either principal	320
or income and that is expressed in terms of a beneficiary's	321
health, education, support, comfort, care, comfort and support,	322
support in reasonable comfort, support in accustomed manner of	323
living, maintenance, maintenance in health and reasonable comfort,	324
or any combination of those factors, is a power conferred upon the	325
fiduciary, the exercise of which is reasonably measurable in terms	326
of, and limited by, an ascertainable standard related to the	327
health, education, support, and maintenance of the beneficiary.	328

(C) Any fiduciary who is authorized to exercise one or more	329
powers set forth in a governing instrument may exercise any of	330
those powers that the fiduciary is not prohibited from exercising	331
because of the operation of division (A) of this section even	332
though one or more other fiduciaries under the governing	333
instrument is prohibited from exercising the power because of the	334
operation of division (A) of this section.	335

(D) Any power conferred upon a fiduciary that the fiduciary	336
cannot exercise because of the operation of division (A) of this	337
section may be exercised by a special fiduciary appointed by a	338
court of competent jurisdiction. Upon the application of any	339
party in interest, the appropriate probate court or general	340
division of the appropriate court of common pleas may appoint a	341
special fiduciary. Upon the appointment of a special fiduciary	342
under this division, the special fiduciary is qualified to	343
exercise any power set forth in the governing instrument during	344
the period of time that the court designates.	345

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

346

(1) Any purely discretionary power to distribute either	347
principal or income to or for the benefit of a beneficiary, other	348
than a beneficiary who is also a fiduciary, that is exercisable in	349
a fiduciary capacity in the sole and absolute discretion of the	350
fiduciary and without any other direction or limitation as to its	351
exercise or use set forth in the governing instrument;	352

(2) Any power of appointment or withdrawal that specifically	353
is granted in the governing instrument to a beneficiary and that	354
is exercisable in an individual capacity but not in a fiduciary	355
capacity;	356

(3) Any trust during the time that the trust is revocable or	357
amendable by its settlor;	358

(4) Any power held by a decedent's or settlor's spouse who	359
is the trustee under a decedent's trust for which a marital	360
deduction for estate tax purposes has been allowed, except a trust	361
or portion of a trust regarding which a special election for	362
qualified terminable interest property has been made as provided	363
in section 2652(a)(3) of the "Internal Revenue Code of 1986," 100	364
Stat. 2085, 26 U.S.C. 2652(a)(3);	365

(5)(a) Subject to divisions (E)(5)(b) and (c) of this	366
section, any irrevocable trust created under a governing	367
instrument executed before the expiration of three years after the	368
effective date of this amendment, if all of the parties in	369
interest elect affirmatively not to be subject to the application	370
of this section through a written instrument delivered to the	371
fiduciary.	372

(b) In the case of a testamentary trust, the election	373
described in division (E)(5)(a) of this section shall be filed	374
with the probate court in which the will was admitted to probate.	375

(c) All of the parties in interest shall make the election	376
described in division (E)(5)(a) of this section on or before the	377
later of the expiration of three years after the effective date of	378
this amendment or three years after the date on which the trust	379
becomes irrevocable.	380

(d) As used in division (E)(5) of this section, "party in	381
interest" does not include a contingent remainder beneficiary and	382
means any of the following:	383

(i) Each fiduciary then serving;

384

(ii) Each current beneficiary then in existence or, if that	385
beneficiary has not attained the age of majority or otherwise is	386
incapacitated, the beneficiary's legal representative under	387
applicable law or the attorney in fact of the current beneficiary	388
under a durable power of attorney that is sufficient to grant the	389
authority under division (E)(5) of this section;	390

(iii) Each remainder beneficiary then in existence or, if	391
that remainder beneficiary has not attained the age of majority or	392
otherwise is incapacitated, the remainder beneficiary's legal	393
representative under applicable law or the attorney in fact of the	394
remainder beneficiary under a durable power of attorney that is	395
sufficient to grant the authority under division (E)(5) of this	396
section.	397

Sec. 1547.54.  (A)(1) The owner of every watercraft	398
requiring registration under this chapter shall file an	399
application for a triennial registration certificate with the	400
chief of the division of watercraft on forms that shall be	401
provided by the chief or by an electronic means approved by the	402
chief. The application shall be signed by the following:	403

(a) If the watercraft is owned by two persons under joint	404
ownership with right of survivorship established under section	405
2106.172131.12 of the Revised Code, by both of those persons as	406
owners of the watercraft. The signatures may be done by	407
electronic signature if the owners themselves are renewing the	408
registration and there are no changes in the registration	409
information since the issuance of the immediately preceding	410
registration certificate. In all other instances, the signatures	411
mustshall be done manually.	412

(b) If the watercraft is owned by a minor, by the minor and	413
a parent or legal guardian. The signatures may be done by	414
electronic signature if the parent or legal guardian and the minor	415
themselves are renewing the registration and there are no changes	416
in the registration information since the issuance of the	417
immediately preceding registration certificate. In all other	418
instances, the signatures mustshall be done manually.	419

(c) In all other cases, by the owner of the watercraft. The	420
signature may be done by electronic signature if the owner him or	421
herself is renewing the registration and there are no changes in	422
the registration information since the issuance of the immediately	423
preceding registration certificate. In all other instances, the	424
signatures mustshall be done manually.	425

(2) An application for a triennial registration of a	426
watercraft filed under division (A)(1) of this section shall be	427
accompanied by the following fee:	428

(a) For canoes, kayaks, rowboats, and inflatable watercraft,	429
twelve dollars;	430

(b) For class A watercraft, including motorized canoes,	431
thirty dollars;	432

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

433

(d) For class 2 watercraft, sixty dollars;

434

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

435

(f) For class 4 watercraft, ninety dollars.

436

(3) For the purpose of registration, any watercraft operated	437
by means of power, sail, or any other mechanical or electrical	438
means of propulsion, except motorized canoes, shall be registered	439
by length as prescribed in this section.	440

(4) If an application for registration is filed by two	441
persons as owners under division (A)(1)(a) of this section, the	442
person who is listed first on the title shall serve as and perform	443
the duties of the "owner" and shall be considered the person "in	444
whose name the watercraft is registered" for purposes of divisions	445
(B) to (Q) of this section and for purposes of all other sections	446
in this chapter.	447

(B) All registration certificates are valid for three years	448
and are renewable on a triennial basis unless sooner terminated or	449
discontinued in accordance with this chapter. The renewal date	450
shall be printed on the registration certificate. A registration	451
certificate may be renewed by the owner in the manner prescribed	452
by the chief. All fees shall be charged according to a proration	453
of the time remaining in the registration cycle to the nearest	454
year.	455

(C) In addition to the fees set forth in this section, the	456
chief, or any authorized agent, shall charge an additional fee of	457
three dollars for any registration certificate the chief or	458
authorized agent issues. When the registration certificate is	459
issued by an authorized agent, the additional fee of three dollars	460
shall be retained by the issuing agent. When the registration	461
certificate is issued by the chief, the additional fee of three	462
dollars shall be deposited to the credit of the waterways safety	463
fund established in section 1547.75 of the Revised Code.	464

(D) Upon receipt of the application in approved form, the	465
chief shall enter the same upon the records of the office of the	466
division, assign a number to the watercraft if a number is	467
required under section 1547.53 of the Revised Code, and issue to	468
the applicant a registration certificate. If a number is assigned	469
by the chief, it shall be set forth on the certificate. The	470
registration certificate shall be on the watercraft for which it	471
is issued and available at all times for inspection whenever the	472
watercraft is in operation, except that livery operators may	473
retain the registration certificate at the livery where it shall	474
remain available for inspection at all times.	475

(E) No person shall issue or be issued a registration	476
certificate for a watercraft that is required to be issued a	477
certificate of title under Chapter 1548. of the Revised Code	478
except upon presentation of a certificate of title for the	479
watercraft as provided in that chapter, proof of current	480
documentation by the United States coast guard, a renewal	481
registration form provided by the division of watercraft, or a	482
certificate of registration issued under this section that has	483
expired if there is no change in the ownership or description of	484
the watercraft.	485

(F) Whenever the ownership of a watercraft changes, a new	486
application form together with the prescribed fee shall be filed	487
with the chief or the chief's agent and a new registration	488
certificate shall be issued. The application shall be signed	489
manually by the person or persons specified in division (A)(1)(a)	490
to (c) of this section and shall be accompanied by a two-dollar	491
transfer fee. Any remaining time on the registration shall be	492
transferred. An authorized agent of the chief shall charge an	493
additional fee of three dollars, which shall be retained by the	494
issuing agent. If the certificate is issued by the chief, an	495
additional fee of three dollars for each certificate issued shall	496
be collected.	497

(G) If an agency of the United States has in force an	498
overall system of identification numbering for watercraft or	499
certain types of watercraft within the United States, the	500
numbering system employed by the division shall be in conformity	501
with that system.	502

(H) The chief may assign any registration certificates to	503
any authorized agent for the assignment thereofof the	504
registration certificates. If a person accepts that	505
authorization, the person may be assigned a block of numbers and	506
certificates therefor that upon assignment, in conformity with	507
this chapter and Chapter 1548. of the Revised Code and with rules	508
of the division, shall be valid as if assigned directly by the	509
division. Any person so designated as an agent by the chief shall	510
post with the division security as may be required by the director	511
of natural resources. The chief may issue an order temporarily or	512
permanently restricting or suspending an agent's authorization	513
without a hearing if the chief finds that the agent has violated	514
this chapter or Chapter 1548. of the Revised Code, rules adopted	515
under them, or any agreements prescribed by the chief.	516

(I) All records of the division made or kept pursuant to	517
this section shall be public records. Those records shall be	518
available for inspection at reasonable hours and in a manner	519
compatible with normal operations of the division.	520

(J) The owner shall furnish the division notice within	521
fifteen days of the following:	522

(1) The transfer, other than through the creation of a	523
security interest in any watercraft, of all or any part of the	524
owner's interest or, if the watercraft is owned by two persons	525
under joint ownership with right of survivorship established under	526
section 2106.172131.12 of the Revised Code, of all or any part of	527
the joint interest of either of the two persons. The transfer	528
shall not terminate the registration certificate.	529

(2) Any change in the address appearing on the certificate	530
and, as a part of the notification, shall furnish the chief with	531
the owner's new address;	532

(3) The destruction or abandonment of the watercraft.

533

(K) The chief may issue duplicate registration certificates	534
or duplicate tags to owners of currently registered watercraft,	535
the fee for which shall be four dollars.	536

(L) If the chief finds that a registration certificate	537
previously issued to an owner is in error to a degree that would	538
impair its basic purpose and use, the chief may issue a corrected	539
certificate to the owner without charge.	540

(M) No authorized agent shall issue and no person shall	541
receive or accept from an authorized agent a registration	542
certificate assigned to the authorized agent under division (H) of	543
this section unless the exact month, day, and year of issue are	544
plainly written thereonon the certificate by the agent.	545
Certificates issued with incorrect dates of issue are void from	546
the time they are issued.	547

(N) The chief, in accordance with Chapter 119. of the	548
Revised Code, shall adopt rules governing the renewal of	549
watercraft registrations by electronic means.	550

(O) As used in this section:

551

(1) "Disabled veteran" means a person who is included in	552
either of the following categories:	553

(a) Because of a service-connected disability, has been or	554
is awarded funds for the purchase of a motor vehicle under the	555
"Disabled Veterans' and Servicemen's Automobile Assistance Act of	556
1970," 84 Stat. 1998, 38 U.S.C. 1901, and amendments thereto;	557

(b) Has a service-connected disability rated at one hundred	558
per cent by the veterans administration.	559

(2) "Prisoner of war" means any regularly appointed,	560
enrolled, enlisted, or inducted member of the military forces of	561
the United States who was captured, separated, and incarcerated by	562
an enemy of the United States at any time, and any regularly	563
appointed, enrolled, or enlisted member of the military forces of	564
Great Britain, France, Australia, Belgium, Brazil, Canada, China,	565
Denmark, Greece, the Netherlands, New Zealand, Norway, Poland,	566
South Africa, or the republics formerly associated with the Union	567
of Soviet Socialist Republics or Yugoslavia who was a citizen of	568
the United States at the time of the appointment, enrollment, or	569
enlistment, and was captured, separated, and incarcerated by an	570
enemy of this country during World War II.	571

(P) Any disabled veteran, congressional medal of honor	572
awardee, or prisoner of war may apply to the chief for a	573
certificate of registration, or for a renewal of the certificate	574
of registration, without the payment of any fee required by this	575
section. The application for a certificate of registration shall	576
be accompanied by evidence of disability or by documentary	577
evidence in support of a congressional medal of honor that the	578
chief requires by rule. The application for a certificate of	579
registration by any person who has been a prisoner of war shall be	580
accompanied by written evidence in the form of a record of	581
separation, a letter from one of the armed forces of a country	582
listed in division (O)(2) of this section, or other evidence that	583
the chief may require by rule, that the person was honorably	584
discharged or is currently residing in this state on active duty	585
with one of the branches of the armed forces of the United States,	586
or was a prisoner of war and was honorably discharged or received	587
an equivalent discharge or release from one of the armed forces of	588
a country listed in division (O)(2) of this section.	589

(Q) Annually by the fifteenth day of January, the director	590
of natural resources shall determine the amount of fees that would	591
have been collected in the prior calendar year for each	592
certificate of registration issued or renewed pursuant to division	593
(P) of this section and shall certify the total amount of foregone	594
revenue to the director of budget and management for	595
reimbursement. The director of budget and management shall	596
transfer the amount certified from the general revenue fund to the	597
waterways safety fund created pursuant to section 1547.75 of the	598
Revised Code.	599

Sec. 1548.07.  (A) An application for a certificate of title	600
shall be sworn to before a notary public or other officer	601
empowered to administer oaths by the lawful owner or purchaser of	602
the watercraft or outboard motor and shall contain the following	603
information in the form and together with any other information	604
that the chief of the division of watercraft may require:	605

(1) Name, address, and social security number or employer's	606
tax identification number of the applicant;	607

(2) Statement of how the watercraft or outboard motor was	608
acquired;	609

(3) Name and address of the previous owner;

610

(4) A statement of all liens, mortgages, or other	611
encumbrances on the watercraft or outboard motor, including a	612
description of the nature and amount of each lien, mortgage, or	613
encumbrance, and the name and address of each holder thereofof	614
the lien, mortgage, or encumbrance;	615

(5) If there are no outstanding liens, mortgages, or other	616
encumbrances, a statement of that fact;	617

(6) A description of the watercraft, including the make,	618
year, length, series or model, if any, body type, hull	619
identification number or hull identification number serial number,	620
and make, manufacturer's serial number, and horsepower of any	621
inboard motor or motors; or a description of the outboard motor,	622
including the make, year, series or model, if any, manufacturer's	623
serial number, and horsepower;	624

(G)(7) The purchase price, trade-in allowed, and amount of	625
sales or use tax paid under Chapter 5739. or 5741. of the Revised	626
Code.	627

(B) If the application is made by two persons regarding a	628
watercraft or outboard motor in which they wish to establish joint	629
ownership with right of survivorship, they may do so as provided	630
in section 2106.172131.12 of the Revised Code.	631

(C) If the applicant wishes to designate a watercraft or	632
outboard motor in beneficiary form, the applicant may do so as	633
provided in section 2131.13 of the Revised Code.	634

(D) If the watercraft or outboard motor contains a permanent	635
identification number placed thereonon the watercraft or outboard	636
motor by the manufacturer, this number shall be used as the serial	637
number or hull identification number. If there is no	638
manufacturer's identification number, or if the manufacturer's	639
identification number has been removed or obliterated, the chief,	640
upon receipt of a prescribed application and proof of ownership,	641
may assign an identification number for the watercraft or outboard	642
motor, and this number shall be permanently affixed or imprinted	643
by the applicant, at the place and in the manner designated by the	644
chief, upon the watercraft or outboard motor for which it is	645
assigned.	646

Sec. 1548.071.  Any two persons may establish in accordance	647
with section 2106.172131.12 of the Revised Code joint ownership	648
with right of survivorship in a watercraft or outboard motor for	649
which a certificate of title is required under this chapter and	650
that one or both of them owns. Two persons who establish joint	651
ownership with right of survivorship in a watercraft or outboard	652
motor in accordance with section 2106.172131.12 of the Revised	653
Code may terminate the joint ownership with right of survivorship	654
by applying for a title in accordance with Chapter 1548. of the	655
Revised Codethis chapter.	656

Sec. 1548.072. Any person who owns a watercraft or outboard	657
motor for which a certificate of title is required under this	658
chapter may establish ownership of the watercraft or outboard	659
motor that is transferable on death by designating the watercraft	660
or outboard motor in beneficiary form in accordance with section	661
2131.13 of the Revised Code. Any person who establishes ownership	662
of a watercraft or outboard motor that is transferable on death in	663
accordance with section 2131.13 of the Revised Code may terminate	664
that type of ownership or change the designation of the	665
transfer-on-death beneficiary or beneficiaries by applying for a	666
certificate of title in accordance with this chapter.	667

Sec. 1548.08.  When the clerk of a court of common pleas	668
issues a physical certificate of title for a watercraft or	669
outboard motor, the clerk shall issue it over the clerk's	670
official seal. All physical certificates of title to watercraft	671
or outboard motors shall contain the information required in	672
the application for them as prescribed by section 1548.07 of	673
the Revised Code, as well as spaces for the dates of notation	674
and cancellation of each lien, mortgage, or encumbrance, over	675
the signature of the clerk. If any certificate of title is	676
issued for a watercraft or outboard motor in which two persons	677
are establishing joint ownership with right of survivorship	678
under section 2106.172131.12 of the Revised Code, the	679
certificate, in addition to the information required by this	680
section, shall show that the two persons have established joint	681
ownership with right of survivorship in the watercraft or	682
outboard motor. If the certificate of title is issued for a	683
watercraft or outboard motor that is designated in beneficiary	684
form under section 2131.13 of the Revised Code, in addition to the	685
information required by this section, the certificate shall show	686
that the present owner of the watercraft or outboard motor has	687
designated a specified transfer-on-death beneficiary or	688
beneficiaries who will take ownership of the watercraft or	689
outboard motor at the death of the present owner in accordance	690
with section 2131.13 of the Revised Code.	691

An assignment of certificate of title before a notary public	692
or other officer empowered to administer oaths shall appear on	693
the reverse side of each physical certificate of title in the	694
form to be prescribed by the chief of the division of	695
watercraft. The assignment form shall include a warranty that	696
the signer is the owner of the watercraft or outboard motor and	697
that there are no mortgages, liens, or encumbrances on the	698
watercraft or outboard motor except asthose that are noted on	699
the face of the certificate of title.	700

Sec. 1548.11.  (A) In the event of the transfer of	701
ownership of a watercraft or outboard motor by operation of law,	702
as upon inheritance, devise, bequest, order in bankruptcy,	703
insolvency, replevin, or execution of sale, or whenever the	704
engine of a watercraft is replaced by another engine, or whenever	705
a watercraft or outboard motor is sold to satisfy storage or	706
repair charges, or repossession is had upon default in	707
performance of the terms of a security agreement as provided in	708
Chapter 1309. of the Revised Code, a clerk of a court of common	709
pleas, upon the surrender of the prior certificate of title or	710
the manufacturer's or importer's certificate, or, when that is	711
not possible, upon presentation of satisfactory proof to the	712
clerk of ownership and rights of possession to the watercraft or	713
outboard motor, and upon payment of the fee prescribed in	714
section 1548.10 of the Revised Code and presentation of an	715
application for certificate of title, may issue to the applicant	716
a certificate of title to the watercraft or outboard motor. Only	717
an affidavit by the person or agent of the person to whom	718
possession of the watercraft or outboard motor has passed,	719
setting forth the facts entitling the person to possession and	720
ownership, together with a copy of the journal entry, court	721
order, or instrument upon which the claim of possession and	722
ownership is founded, is satisfactory proof of ownership and	723
right of possession. If the applicant cannot produce such proof	724
of ownership, the applicant may apply directly to the chief of	725
the division of watercraft and submit such evidence as the	726
applicant has, and the chief, if the chief finds the evidence	727
sufficient, may authorize the clerk to issue a certificate of	728
title. If, from the records in the office of the clerk, there	729
appears to be any lien on the watercraft or outboard motor, the	730
certificate of title shall contain a statement of the lien	731
unless the application is accompanied by proper evidence of	732
its extinction.	733

(B) Upon the death of one of the persons who have	734
established joint ownership with right of survivorship under	735
section 2106.172131.12 of the Revised Code in a watercraft or	736
outboard motor and the presentation to the clerk of the title and	737
the certificate of death of the deceased person, the clerk shall	738
enter into the records the transfer of the watercraft or	739
outboard motor to the surviving person, and the title to the	740
watercraft or outboard motor immediately passes to the surviving	741
person. The transfer does not affect any liens on the watercraft	742
or outboard motor.	743

(C) The clerk shall transfer a decedent's interest in one	744
watercraft, one outboard motor, or one of each to the decedent's	745
surviving spouse as provided in section 2106.19 of the Revised	746
Code.	747

(D) Upon the death of an owner of a watercraft or outboard	748
motor designated in beneficiary form under section 2131.13 of the	749
Revised Code, upon application of the transfer-on-death	750
beneficiary or beneficiaries designated pursuant to that section,	751
and upon presentation to the clerk of the certificate of title and	752
the certificate of death of the deceased owner, the clerk shall	753
transfer the watercraft or outboard motor and issue a certificate	754
of title to the transfer-on-death beneficiary or beneficiaries.	755
The transfer does not affect any liens upon any watercraft or	756
outboard motor so transferred.	757

Sec. 2106.18.  (A) Upon the death of a married resident who	758
owned at least one automobile at the time of death, the interest	759
of the deceased spouse in up to two automobiles that are not	760
transferred to the surviving spouse due to joint ownership with	761
right of survivorship established under section 2106.172131.12 of	762
the Revised Code, that are not transferred to a transfer-on-death	763
beneficiary or beneficiaries designated under section 2131.13 of	764
the Revised Code, and that are not otherwise specifically disposed	765
of by testamentary disposition, may be selected by the surviving	766
spouse. This interest shall immediately pass to the surviving	767
spouse upon transfer of the title or titles in accordance with	768
section 4505.10 of the Revised Code. The sum total of the values	769
of the automobiles selected by a surviving spouse under this	770
division, as specified in the affidavit that the surviving spouse	771
executes pursuant to division (B) of section 4505.10 of the	772
Revised Code, shall not exceed forty thousand dollars. Each	773
automobile that passes to a surviving spouse under this division	774
shall not be considered an estate asset and shall not be included	775
in the estate inventory.	776

(B) The executor or administrator, with the approval of the	777
probate court, may transfer title to an automobile owned by the	778
decedent to any of the following:	779

(1) The surviving spouse, when the automobile is purchased	780
by the surviving spouse pursuant to section 2106.16 of the Revised	781
Code;	782

(2) A distributee;

783

(3) A purchaser.

784

(C) The executor or administrator may transfer title to an	785
automobile owned by the decedent without the approval of the	786
probate court to any of the following:	787

(1) A legatee entitled to the automobile under the terms of	788
the will;	789

(2) A distributee if the distribution of the automobile is	790
made without court order pursuant to section 2113.55 of the	791
Revised Code;	792

(3) A purchaser if the sale of the automobile is made	793
pursuant to section 2113.39 of the Revised Code.	794

(D) As used in division (A) of this section, "automobile"	795
includes a truck if the truck was used as a method of conveyance	796
by the deceased spouse or the deceased spouse's family when the	797
deceased spouse was alive.	798

Sec. 2107.06.  No person under eighteen years of age shall	799
witness a will executed pursuant to section 2107.03 of the Revised	800
Code or an agreement to make a will or to make a devise or bequest	801
by will pursuant to section 2107.04 of the Revised Code.	802

Sec. 2107.27. (A) When application is made to the probate	803
court to admit to probate a will that has been lost, spoliated, or	804
destroyed, the party seeking to prove the will shall give a	805
written notice by certified mail to the surviving spouse, to the	806
next of kin of the testator, and to all persons whose interest it	807
may be to resist the probatewho would be entitled to inherit from	808
the testator under Chapter 2105. of the Revised Code if the	809
testator had died intestate, to all legatees and devisees that are	810
named in the will, and to all legatees and devisees that are named	811
in the most recent will prior to the lost, spoliated, or destroyed	812
will that is known to the applicant.	813

(B) In suchthe cases described in division (A) of this	814
section, the courtproponents and opponents of the will shall	815
cause the witnesses to the will, and any other witnesses that a	816
person interested in havinghave relevant and material knowledge	817
about the will admitted to probate desires, to have appear, to	818
come before the court to testify. The witnesses shall be examined	819
by the probate judge, and their testimony shall be reduced to	820
writing and then filed in the records of the probate court	821
pertaining to the testator's estate. WhenIf any witnesses reside	822
out of its jurisdiction, or reside within its jurisdiction but are	823
infirm or unable to attend, the probate court may order their	824
testimony to be taken and reduced to writing by some competent	825
person, which. The testimony shall be filed in suchthe records of	826
the probate court pertaining to the testator's estate.	827

(C) If upon such proof, the court is satisfied that the will	828
was executed in the manner provided by the law in force at the	829
time of its execution, that its contents are substantially proved,	830
that it was unrevoked at the death of the testator, and has been	831
lost, spoliated, or destroyed since his death, since he became	832
incapable of making a will by reason of insanity, or before the	833
death of the testator if his lack of knowledge of the loss,	834
spoliation, or destruction can be proved by clear and convincing	835
testimonyfinds that the requirements of section 2107.26 of the	836
Revised Code have been met, the probate court shall find and	837
establish the contents of the will as near as can be ascertained	838
and cause them and the testimony taken in the case to be recorded	839
in the probate court. The	840

The contents of the will shall be as effectual for all	841
purposes as if the original will had been admitted to probate and	842
record.	843

Sec. 2107.28.  If a will is lost, spoliated, destroyed,	844
mislaid, or stolen, after it has been admitted to probate but	845
before it has been recorded, upon notice being given,to the	846
persons as provided by section 2107.27 of the Revised Code, to	847
persons whose interest it may be to resist the probate and record	848
of such will the probate court may hear testimony, and if. If the	849
court is satisfied that the contents of the will have been	850
substantially proved, the court may record suchthe will as thus	851
proven, which. The record shall have all the effecteffects of a	852
record of the original will.	853

Sec. 2109.62.  (A)(1) Upon the filing of a motion by a	854
trustee with the court that has jurisdiction over the trust, upon	855
the provision of reasonable notice to all beneficiaries who are	856
known and in being and who have vested or contingent interests in	857
the trust, and after holding a hearing, the court may terminate	858
the trust, in whole or in part, if it determines that all of the	859
following apply:	860

(a) It is no longer economically feasible to continue the	861
trust;.	862

(b) The termination of the trust is for the benefit of the	863
beneficiaries;.	864

(c) The termination of the trust is equitable and	865
practical;.	866

(d) The current value of the trust is less than fiftyone	867
hundred thousand dollars.	868

(2) The existence of a spendthrift or similar provision in a	869
trust instrument or will does not preclude the termination of a	870
trust pursuant to this section.	871

(B) If property is to be distributed from an estate being	872
probated to a trust and the termination of the trust pursuant to	873
this section does not clearly defeat the intent of the testator,	874
the probate court has jurisdiction to order the outright	875
distribution of the property or to make the property custodial	876
property under sections 1339.31 to 1339.39 of the Revised Code. A	877
probate court may so order whether the application for the order	878
is made by an inter vivos trustee named in the will of the	879
decedent or by a testamentary trustee.	880

Sec. 2113.30. (A) Except as otherwise directed by the	881
decedent in histhe decedent's last will and testament, an	882
executor or administrator may, without personal liability for	883
losses incurred, may continue the decedent's business during one	884
monthfour months next following the date of the appointment of	885
suchthat executor or administrator, unless the probate court	886
directs otherwise, and for suchany further time asthat the court	887
may authorize onupon a hearing and after notice to the surviving	888
spouse and distributees. In either case, no debts incurred or	889
contracts entered into shall involve the estate beyond the assets	890
used in suchthat business immediately prior to the death of the	891
decedent without first obtaining the approval of the court first	892
obtained. During the time the business is continued, the executor	893
or administrator shall file monthly reports in the court, setting	894
forth the receipts and expenses of the business for the preceding	895
month and suchany other pertinent information asthat the court	896
may require. The executor or administrator may not bind the	897
estate without court approval beyond the period during which the	898
business is continued.	899

(B) As used in this section, "decedent's business" means a	900
business that is owned by the decedent as a sole proprietor at the	901
time of the decedent's death. "Decedent's business" does not	902
include a business that is owned in whole or in part by the	903
decedent as a shareholder of a corporation, a member of a limited	904
liability company, or a partner of a partnership, or under any	905
other form of ownership other than a sole proprietorship.	906

Sec. 2113.61.  (A)(1) When real property passes by the laws	907
of intestate succession or under a will, the administrator or	908
executor shall file in probate court, at any time after the filing	909
of an inventory that includes the real property but prior to the	910
filing of the administrator's or executor's final account, an	911
application requesting the court to issue a certificate of	912
transfer as to the real property. Real property sold by an	913
executor or administrator or land registered under Chapters 5309.	914
and 5310. of the Revised Code is excepted from the application	915
requirement. Cases in which an order has been made under section	916
2113.03 of the Revised Code relieving an estate from	917
administration and in which the order directing transfer of real	918
property to the person entitled to it may be substituted for the	919
certificate of transfer also are excepted from the application	920
requirement.	921

(2) In accordance with division (C)(3)(b) of section	922
2113.031 of the Revised Code, an application for a certificate of	923
transfer of an interest in real property included in the assets of	924
the decedent's estate shall accompany an application for a summary	925
release from administration under that section. This section	926
applies to the application for and the issuance of the requested	927
certificate of transfer except to the extent that the probate	928
court determines that the nature of any of the provisions of this	929
section is inconsistent with the nature of a grant of a summary	930
release from administration.	931

(B) Subject to division (A)(2) of this section, the	932
application for a certificate of transfer shall contain all of the	933
following:	934

(1) The name, place of residence at death, and date of death	935
of the decedent;	936

(2) A statement whether the decedent died testate or	937
intestate;	938

(3) The fact and date of the filing and probate of the will,	939
if applicable, and the fact and date of the appointment of the	940
administrator or executor;	941

(4) A description of each parcel of real property situated	942
in this state that is owned by the decedent at the time of death;	943

(5) Insofar as they can be ascertained, the names, ages,	944
places of residence, and relationship to the decedent of the	945
persons to whom each parcel of real property described in division	946
(B)(4) of this section passed by descent or devise;	947

(6) A statement that all the known debts of the decedent's	948
estate have been paid or secured to be paid, or that sufficient	949
other assets are in hand to complete the payment of those debts;	950

(7) Other pertinent information that the court requires.

951

(C) Subject to division (A)(2) of this section, within five	952
days following the filing of an application for a certificate of	953
transfer that complies with division (B) of this section, the	954
court shall issue a certificate of transfer for record in each	955
county in this state in which real property so passing is	956
situated, that shall recite all of the following:	957

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

958

(2) Whether the decedent died testate or intestate and, if	959
testate, the volume and page of the record of the will;	960

(3) The volume and page of the probate court record of the	961
administration of the estate;	962

(4) The names and places of residence of the devisees, the	963
interests passing to them, the names and places of residence of	964
the persons inheriting intestate, and the interests inherited by	965
them, in each parcel of real property described in division (B)(4)	966
of this section;	967

(5) A description of each parcel of real property described	968
in division (B)(4) of this section;	969

(6) Other information that in the opinion of the court	970
should be included.	971

(D) If an executor or administrator has failed to file an	972
application for a certificate of transfer before being discharged,	973
the application may be filed by an heir or devisee, or a successor	974
in interest, in the probate court in which the testator's will was	975
probated or, in the case of intestate estates, in the probate	976
court in which administration was had. If no administration was	977
had on an estate and if no administration is contemplated, except	978
in the case of the grant of or contemplated application for the	979
grant of an order of a summary release from administration under	980
section 2113.031 of the Revised Code, an application for a	981
certificate of transfer may be filed by an heir or devisee, or a	982
successor in interest, in the probate court of the county in which	983
the decedent was a resident at the time of death.	984

A foreign executor or administrator, when no ancillary	985
administration proceedings have been had or are being had in this	986
state, may file in accordance with this section an application for	987
a certificate of transfer in the probate court of any county of	988
this state in which real property of the decedent is located.	989

When a person who has entered into a written contract for the	990
sale and conveyance of an interest in real property dies before	991
its completion, the interest of the decedent in the contract and	992
the record title to the real property described in the contract	993
may be transferred to the persons, legatees, devisees, or heirs at	994
law entitled to the interest of the decedent in the real property,	995
in the same manner as provided in this section and sections	996
2113.62 and 2113.63 of the Revised Code for the transfer of real	997
property. The application for the certificate of transfer and the	998
certificate itself also shall recite that the real property	999
described in the application or certificate is subject to a	1000
written contract for its sale and conveyance.	1001

Sec. 2117.25. (A) Every executor or administrator shall	1002
proceed with diligence to pay the debts of the decedent, and shall	1003
apply the assets in the following order:	1004

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

1005

(B)(2) An amount, not exceeding two thousand dollars, for	1006
funeral expenses that are included in the bill of a funeral	1007
director, funeral expenses other than those in the bill of a	1008
funeral director that are approved by the probate court, and an	1009
amount, not exceeding two thousand dollars, for burial and	1010
cemetery expenses, including that portion of the funeral	1011
director's bill allocated to cemetery expenses that have been paid	1012
to the cemetery by the funeral director.	1013

For purposes of this division, burial and cemetery expenses	1014
shall be limited to the following:	1015

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

1016

(2)(b) Monuments or other markers;

1017

(3)(c) The outer burial container;

1018

(4)(d) The cost of opening and closing the place of	1019
interment;	1020

(5)(e) The urn.

1021

(C)(3) The allowance for support made to the surviving	1022
spouse, minor children, or both under section 2106.13 of the	1023
Revised Code;	1024

(D)(4) Debts entitled to a preference under the laws of the	1025
United States;	1026

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

1027

(F)(6) If the total bill of a funeral director for funeral	1028
expenses exceeds two thousand dollars, then, in addition to the	1029
amount described in division (B)(A)(2) of this section, an amount,	1030
not exceeding one thousand dollars, for funeral expenses that are	1031
included in the bill and that exceed two thousand dollars;	1032

(G)(7) Personal property taxes and obligations for which the	1033
decedent was personally liable to the state or any of its	1034
subdivisions;	1035

(H)(8) Debts for manual labor performed for the decedent	1036
within twelve months preceding the decedent's death, not exceeding	1037
three hundred dollars to any one person;	1038

(I)(9) Other debts for which claims have been presented and	1039
finally allowed.	1040

(B) The part of the bill of a funeral director that exceeds	1041
the total of three thousand dollars as described in divisions	1042
(B)(A)(2) and (F)(6) of this section, and the part of a claim	1043
included in division (H)(A)(8) of this section that exceeds three	1044
hundred dollars shall be included as a debt under division	1045
(I)(A)(9) of this section, depending upon the time when the claim	1046
for the additional amount is presented.	1047

(C) Any natural person or fiduciary who pays a claim of any	1048
creditor described in division (A) of this section shall be	1049
subrogated to the rights of that creditor proportionate to the	1050
amount of the payment and shall be entitled to reimbursement for	1051
that amount in accordance with the priority of payments set forth	1052
in that division.	1053

(D)(1) Chapters 2113. to 2125. of the Revised Code, relating	1054
to the manner in which and the time within which claims shall be	1055
presented, shall apply to claims set forth in divisions (B)(A)(2),	1056
(F)(6), and (H)(8) of this section. Claims for an expense of	1057
administration or for the allowance for support need not be	1058
presented. The executor or administrator shall pay debts included	1059
in divisions (D)(A)(4) and (G)(7) of this section, of which the	1060
executor or administrator has knowledge, regardless of	1061
presentation.	1062

(2) The giving of written notice to an executor or	1063
administrator of a motion or application to revive an action	1064
pending against the decedent at the date of death shall be	1065
equivalent to the presentation of a claim to the executor or	1066
administrator for the purpose of determining the order of payment	1067
of any judgment rendered or decree entered in such an action.	1068

(E) No payments shall be made to creditors of one class	1069
until all those of the preceding class are fully paid or provided	1070
for. If the assets are insufficient to pay all the claims of one	1071
class, the creditors of that class shall be paid ratably.	1072

(F) If it appears at any time that the assets have been	1073
exhausted in paying prior or preferred charges, allowances, or	1074
claims, suchthose payments shall be a bar to an action on any	1075
claim not entitled to suchthat priority or preference.	1076

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

1077

(1) "Motor vehicle" has the same meaning as in section	1078
4505.01 of the Revised Code.	1079

(2) "Joint ownership with right of survivorship" means a	1080
form of ownership of a motor vehicle, watercraft, or outboard	1081
motor that is established pursuant to this section and pursuant to	1082
which the entire interest in the motor vehicle, watercraft, or	1083
outboard motor is held by two persons for their joint lives and	1084
thereafter by the survivor of them.	1085

(3) "Watercraft" has the same meaning as in division (A) of	1086
section 1548.01 of the Revised Code.	1087

(B)(1) Any two persons may establish in accordance with this	1088
section joint ownership with right of survivorship in a motor	1089
vehicle or in a watercraft or outboard motor for which a	1090
certificate of title is required under Chapter 1548. of the	1091
Revised Code.	1092

(2) If two persons wish to establish joint ownership with	1093
right of survivorship in a motor vehicle or in a watercraft or	1094
outboard motor that is required to be titled under Chapter 1548.	1095
of the Revised Code, they may make a joint application for a	1096
certificate of title under section 4505.06 or 1548.07 of the	1097
Revised Code, as applicable.	1098

(C) If two persons have established in a certificate of	1099
title joint ownership with right of survivorship in a motor	1100
vehicle or a watercraft or outboard motor that is required to be	1101
titled under Chapter 1548. of the Revised Code, and if one of	1102
those persons dies, the interest of the deceased person in the	1103
motor vehicle, watercraft, or outboard motor shall pass to the	1104
survivor of them upon transfer of title to the motor vehicle or	1105
watercraft or outboard motor in accordance with section 4505.10 or	1106
1548.11 of the Revised Code. The motor vehicle, watercraft, or	1107
outboard motor shall not be considered an estate asset and shall	1108
not be included and stated in the estate inventory.	1109

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

1110

(1) "Designate or designation in beneficiary form" means to	1111
designate, or the designation of, a motor vehicle, watercraft, or	1112
outboard motor in a certificate of title that indicates the	1113
present owner of the motor vehicle, watercraft, or outboard motor	1114
and the intention of the present owner with respect to the	1115
transfer of ownership on the present owner's death by designating	1116
one or more persons as the beneficiary or beneficiaries who will	1117
become the owner or owners of the motor vehicle, watercraft, or	1118
outboard motor upon the death of the present owner.	1119

(2) "Motor vehicle" has the same meaning as in section	1120
4505.01 of the Revised Code.	1121

(3) "Person" means an individual, a corporation, an	1122
organization, or other legal entity.	1123

(4) "Transfer-on-death beneficiary or beneficiaries" means a	1124
person or persons specified in a certificate of title of a motor	1125
vehicle, watercraft, or outboard motor who will become the owner	1126
or owners of the motor vehicle, watercraft, or outboard motor upon	1127
the death of the present owner of the motor vehicle, watercraft,	1128
or outboard motor.	1129

(5) "Watercraft" has the same meaning as in section 1548.01	1130
of the Revised Code.	1131

(B) An individual whose certificate of title of a motor	1132
vehicle, watercraft, or outboard motor shows sole ownership by	1133
that individual may make an application for a certificate of title	1134
under section 1548.07 or 4505.06 of the Revised Code to designate	1135
that motor vehicle, watercraft, or outboard motor in beneficiary	1136
form pursuant to this section.	1137

(C)(1) A motor vehicle, watercraft, or outboard motor is	1138
designated in beneficiary form if the certificate of title of the	1139
motor vehicle, watercraft, or outboard motor includes the name or	1140
names of the transfer-on-death beneficiary or beneficiaries.	1141

(2) The designation of a motor vehicle, watercraft, or	1142
outboard motor in beneficiary form is not required to be supported	1143
by consideration, and the certificate of title in which the	1144
designation is made is not required to be delivered to the	1145
transfer-on-death beneficiary or beneficiaries in order for the	1146
designation in beneficiary form to be effective.	1147

(D) The designation of a motor vehicle, watercraft, or	1148
outboard motor in beneficiary form may be shown in the certificate	1149
of title by the words "transfer-on-death" or the abbreviation	1150
"TOD" after the name of the owner of a motor vehicle, watercraft,	1151
or outboard motor and before the name or names of the	1152
transfer-on-death beneficiary or beneficiaries.	1153

(E) The designation of a transfer-on-death beneficiary or	1154
beneficiaries on a certificate of title has no effect on the	1155
ownership of a motor vehicle, watercraft, or outboard motor until	1156
the death of the owner of the motor vehicle, watercraft, or	1157
outboard motor. The owner of a motor vehicle, watercraft, or	1158
outboard motor may cancel or change the designation of a	1159
transfer-on-death beneficiary or beneficiaries on a certificate of	1160
title at any time without the consent of the transfer-on-death	1161
beneficiary or beneficiaries by making an application for a	1162
certificate of title under section 1548.07 or 4505.06 of the	1163
Revised Code.	1164

(F)(1) Upon the death of the owner of a motor vehicle,	1165
watercraft, or outboard motor designated in beneficiary form, the	1166
ownership of the motor vehicle, watercraft, or outboard motor	1167
shall pass to the transfer-on-death beneficiary or beneficiaries	1168
who survive the owner upon transfer of title to the motor vehicle,	1169
watercraft, or outboard motor in accordance with section 1548.11	1170
or 4505.10 of the Revised Code. The transfer-on-death beneficiary	1171
or beneficiaries who survive the owner may apply for a certificate	1172
of title to the motor vehicle, watercraft, or outboard motor upon	1173
submitting proof of the death of the owner of the motor vehicle,	1174
watercraft, or outboard motor.	1175

(2) If no transfer-on-death beneficiary or beneficiaries	1176
survive the owner of a motor vehicle, watercraft, or outboard	1177
motor, the motor vehicle, watercraft, or outboard motor shall be	1178
included in the probate estate of the deceased owner.	1179

(G)(1) Any transfer of a motor vehicle, watercraft, or	1180
outboard motor to a transfer-on-death beneficiary or beneficiaries	1181
that results from a designation of the motor vehicle, watercraft,	1182
or outboard motor in beneficiary form is not testamentary.	1183

(2) This section does not limit the rights of any creditor	1184
of the owner of a motor vehicle, watercraft, or outboard motor	1185
against any transfer-on-death beneficiary or beneficiaries or	1186
other transferees of the motor vehicle, watercraft, or outboard	1187
motor under other laws of this state.	1188

(H)(1) This section shall be known and may be cited as the	1189
"Transfer-on-Death of Motor Vehicle, Watercraft, or Outboard Motor	1190
Statute."	1191

(2) Divisions (A) to (H) of this section shall be liberally	1192
construed and applied to promote their underlying purposes and	1193
policy.	1194

(3) Unless displaced by particular provisions of divisions	1195
(A) to (H) of this section, the principles of law and equity	1196
supplement the provisions of those divisions.	1197

Sec. 2305.121.  (A) Any of the following actions pertaining	1198
to a revocable trust that is made irrevocable by the death of the	1199
grantor of the trust shall be commenced within two years after the	1200
date of the death of the grantor of the trust:	1201

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

1202

(2) An action to contest the validity of any amendment to	1203
the trust that was made during the lifetime of the grantor of the	1204
trust;	1205

(3) An action to contest the revocation of the trust during	1206
the lifetime of the grantor of the trust;	1207

(4) An action to contest the validity of any transfer made	1208
to the trust during the lifetime of the grantor of the trust.	1209

(B) Upon the death of the grantor of a revocable trust that	1210
was made irrevocable by the death of the grantor, the trustee,	1211
without liability, may proceed to distribute the trust property in	1212
accordance with the terms of the trust unless either of the	1213
following applies:	1214

(1) The trustee has actual knowledge of a pending action to	1215
contest the validity of the trust, any amendment to the trust, the	1216
revocation of the trust, or any transfer made to the trust during	1217
the lifetime of the grantor of the trust.	1218

(2) The trustee receives written notification from a	1219
potential contestant of a potential action to contest the validity	1220
of the trust, any amendment to the trust, the revocation of the	1221
trust, or any transfer made to the trust during the lifetime of	1222
the grantor of the trust, and the action is actually filed within	1223
ninety days after the written notification was given to the	1224
trustee.	1225

(C) If a distribution of trust property is made pursuant to	1226
division (B) of this section, a beneficiary of the trust shall	1227
return any distribution to the extent that it exceeds the	1228
distribution to which the beneficiary is entitled if the trust, an	1229
amendment to the trust, or a transfer made to the trust later is	1230
determined to be invalid.	1231

(D) This section applies only to revocable trusts that are	1232
made irrevocable by the death of the grantor of the trust if the	1233
grantor dies on or after the effective date of this section.	1234

Sec. 3923.061.  (A) On and after January 1, 2003, any	1235
insurance company authorized to do business in this state shall	1236
pay interest, in accordance with division (B) of this section and	1237
subject to division (C) of this section, on any proceeds that	1238
become due pursuant to the terms of a policy of sickness and	1239
accident insurance due to the death of the insured by sickness or	1240
accident.	1241

(B) The interest payable pursuant to division (A) of this	1242
section shall be computed from the date of the death of the	1243
insured to the date of the payment of the proceeds and shall be at	1244
whichever of the following rates is greater:	1245

(1) The annual short-term applicable federal rate for	1246
purposes of section 1274(d) of the Internal Revenue Code, as	1247
defined in section 5747.01 of the Revised Code, in effect for the	1248
month in which the insured died;	1249

(2) The current rate of interest on proceeds left on	1250
deposit with the company under an interest settlement option	1251
contained in the policy of sickness and accident insurance.	1252

(C) Division (A) or (B) of this section does not require	1253
the payment of interest unless the insured was a resident of this	1254
state on the date of the insured's death and unless the	1255
beneficiary under the policy of sickness and accident insurance	1256
elects in writing to receive, or a written election has been made	1257
for the beneficiary to receive, the proceeds of the policy by	1258
means of a lump sum payment.	1259

Sec. 4503.12.  Upon the transfer of ownership of a motor	1260
vehicle, the registration of the motor vehicle expires, and the	1261
original owner immediately shall remove the license plates from	1262
the motor vehicle, except that:	1263

(A) If a statutory merger or consolidation results in the	1264
transfer of ownership of a motor vehicle from a constituent	1265
corporation to the surviving corporation, or if the incorporation	1266
of a proprietorship or partnership results in the transfer of	1267
ownership of a motor vehicle from the proprietorship or	1268
partnership to the corporation, the registration shall be	1269
continued upon the filing by the surviving or new corporation,	1270
within thirty days of such transfer, of an application for an	1271
amended certificate of registration, unless such registration is	1272
prohibited by division (D) of section 2935.27, division (A) of	1273
section 2937.221, division (B) of section 4507.168, or division	1274
(B)(1) of section 4521.10 of the Revised Code. The application	1275
shall be accompanied by a service fee of two dollars and	1276
seventy-five cents commencing on July 1, 2001, three dollars and	1277
twenty-five cents commencing on January 1, 2003, and three dollars	1278
and fifty cents commencing on January 1, 2004, a transfer fee of	1279
one dollar, and the original certificate of registration. Upon a	1280
proper filing, the registrar of motor vehicles shall issue an	1281
amended certificate of registration in the name of the new owner.	1282

(B) If the death of the owner of a motor vehicle results in	1283
the transfer of ownership of the motor vehicle to the surviving	1284
spouse of the owner or if a motor vehicle is owned by two persons	1285
under joint ownership with right of survivorship established under	1286
section 2106.172131.12 of the Revised Code and one of those	1287
persons dies, the registration shall be continued upon the filing	1288
by the surviving spousesurvivor of an application for an amended	1289
certificate of registration, unless such registration is	1290
prohibited by division (D) of section 2935.27, division (A) of	1291
section 2937.221, division (A) of section 4503.13, division (B) of	1292
section 4507.168, or division (B)(1) of section 4521.10 of the	1293
Revised Code. The application shall be accompanied by a service	1294
fee of two dollars and seventy-five cents commencing on July 1,	1295
2001, three dollars and twenty-five cents commencing on January 1,	1296
2003, and three dollars and fifty cents commencing on January 1,	1297
2004, a transfer fee of one dollar, the original certificate of	1298
registration, and, in relation to a motor vehicle that is owned by	1299
two persons under joint ownership with right of survivorship	1300
established under section 2106.172131.12 of the Revised Code, by	1301
a copy of the certificate of title that specifies that the vehicle	1302
is owned under joint ownership with right of survivorship. Upon a	1303
proper filing, the registrar shall issue an amended certificate of	1304
registration in the name of the surviving spousesurvivor.	1305

(C) If the death of the owner of a motor vehicle results in	1306
the transfer of ownership of the motor vehicle to a	1307
transfer-on-death beneficiary or beneficiaries designated under	1308
section 2131.13 of the Revised Code, the registration shall be	1309
continued upon the filing by the transfer-on-death beneficiary or	1310
beneficiaries of an application for an amended certificate of	1311
registration, unless that registration is prohibited by division	1312
(D) of section 2935.27, division (A) of section 2937.221, division	1313
(A) of section 4503.13, division (B) of section 4507.168, or	1314
division (B)(1) of section 4521.10 of the Revised Code. The	1315
application shall be accompanied by a service fee of two dollars	1316
and seventy-five cents commencing on July 1, 2001, three dollars	1317
and twenty-five cents commencing on January 1, 2003, and three	1318
dollars and fifty cents commencing on January 1, 2004, a transfer	1319
fee of one dollar, the original certificate of registration, and a	1320
copy of the certificate of title that specifies that the owner of	1321
the motor vehicle has designated the motor vehicle in beneficiary	1322
form under section 2131.13 of the Revised Code. Upon a proper	1323
filing, the registrar shall issue an amended certificate of	1324
registration in the name of the transfer-on-death beneficiary or	1325
beneficiaries.	1326

(D) If the original owner of a motor vehicle that has been	1327
transferred makes application for the registration of another	1328
motor vehicle at any time during the remainder of the registration	1329
period for which the transferred motor vehicle was registered, the	1330
owner, unless such registration is prohibited by division (D) of	1331
section 2935.27, division (A) of section 2937.221, division (A) of	1332
section 4503.13, division (E) of section 4503.234, division (B) of	1333
section 4507.168, or division (B)(1) of section 4521.10 of the	1334
Revised Code, may file an application for transfer of the	1335
registration and, where applicable, the license plates,	1336
accompanied by a service fee of two dollars and seventy-five	1337
cents commencing on July 1, 2001, three dollars and twenty-five	1338
cents commencing on January 1, 2003, and three dollars and fifty	1339
cents commencing on January 1, 2004, a transfer fee of one dollar,	1340
and the original certificate of registration. The transfer of the	1341
registration and, where applicable, the license plates from the	1342
motor vehicle for which they originally were issued to a	1343
succeeding motor vehicle purchased by the same person in whose	1344
name the original registration and license plates were issued	1345
shall be done within a period not to exceed thirty days. During	1346
that thirty-day period, the license plates from the motor vehicle	1347
for which they originally were issued may be displayed on the	1348
succeeding motor vehicle, and the succeeding motor vehicle may be	1349
operated on the public roads and highways in this state.	1350

At the time of application for transfer, the registrar shall	1351
compute and collect the amount of tax due on the succeeding motor	1352
vehicle, based upon the amount that would be due on a new	1353
registration as of the date on which the transfer is made less a	1354
credit for the unused portion of the original registration	1355
beginning on that date. If the credit exceeds the amount of tax	1356
due on the new registration, no refund shall be made. In	1357
computing the amount of tax due and credits to be allowed under	1358
this division, the provisions of division (B)(1)(a) and (b) of	1359
section 4503.11 of the Revised Code shall apply. As to passenger	1360
cars, noncommercial vehicles, motor homes, and motorcycles,	1361
transfers within or between these classes of motor vehicles only	1362
shall be allowed. If the succeeding motor vehicle is of a	1363
different class than the motor vehicle for which the registration	1364
originally was issued, new license plates also shall be issued	1365
upon the surrender of the license plates originally issued and	1366
payment of the fees provided in divisions (C) and (D) of section	1367
4503.10 of the Revised Code.	1368

(D)(E) The owner of a commercial car having a gross vehicle	1369
weight or combined gross vehicle weight of more than ten thousand	1370
pounds may transfer the registration of that commercial car to	1371
another commercial car the owner owns without transferring	1372
ownership of the first commercial car, unless registration of the	1373
second commercial car is prohibited by division (D) of section	1374
2935.27, division (A) of section 2937.221, division (A) of section	1375
4503.13, division (B) of section 4507.168, or division (B)(1) of	1376
section 4521.10 of the Revised Code. At any time during the	1377
remainder of the registration period for which the first	1378
commercial car was registered, the owner may file an application	1379
for the transfer of the registration and, where applicable, the	1380
license plates, accompanied by a service fee of two dollars and	1381
seventy-five cents commencing on July 1, 2001, three dollars and	1382
twenty-five cents commencing on January 1, 2003, and three dollars	1383
and fifty cents commencing on January 1, 2004, a transfer fee of	1384
one dollar, and the certificate of registration of the first	1385
commercial car. The amount of any tax due or credit to be allowed	1386
for a transfer of registration under this division shall be	1387
computed in accordance with division (C)(D) of this section.	1388

No commercial car to which a registration is transferred	1389
under this division shall be operated on a public road or highway	1390
in this state until after the transfer of registration is	1391
completed in accordance with this division.	1392

(E)(F) Upon application to the registrar or a deputy	1393
registrar, a person who owns or leases a motor vehicle may	1394
transfer special license plates assigned to that vehicle to any	1395
other vehicle that the person owns or leases or that is owned or	1396
leased by the person's spouse. The application shall be	1397
accompanied by a service fee of two dollars and seventy-five	1398
cents commencing on July 1, 2001, three dollars and twenty-five	1399
cents commencing on January 1, 2003, and three dollars and fifty	1400
cents commencing on January 1, 2004, a transfer fee of one dollar,	1401
and the original certificate of registration. As appropriate, the	1402
application also shall be accompanied by a power of attorney for	1403
the registration of a leased vehicle and a written statement	1404
releasing the special plates to the applicant. Upon a proper	1405
filing, the registrar or deputy registrar shall assign the special	1406
license plates to the motor vehicle owned or leased by the	1407
applicant and issue a new certificate of registration for that	1408
motor vehicle.	1409

As used in division (E)(F) of this section, "special license	1410
plates" means either of the following:	1411

(1) Any license plates for which the person to whom the	1412
license plates are issued must pay an additional fee in excess of	1413
the fees prescribed in section 4503.04 of the Revised Code,	1414
Chapter 4504. of the Revised Code, and the service fee prescribed	1415
in division (D) or (G) of section 4503.10 of the Revised Code;	1416

(2) License plates issued under section 4503.44 of the	1417
Revised Code.	1418

Sec. 4505.06.  (A)(1) Application for a certificate of title	1419
shall be made in a form prescribed by the registrar of motor	1420
vehicles and shall be sworn to before a notary public or other	1421
officer empowered to administer oaths. The application shall be	1422
filed with the clerk of any court of common pleas. An	1423
application for a certificate of title may be filed	1424
electronically by any electronic means approved by the registrar	1425
in any county with the clerk of the court of common pleas of	1426
that county. Any payments required by this chapter shall be	1427
considered as accompanying any electronically transmitted	1428
application when payment actually is received by the clerk.	1429
Payment of any fee or taxes may be made by electronic transfer	1430
of funds.	1431

(2) The application for a certificate of title shall be	1432
accompanied by the fee prescribed in section 4505.09 of the	1433
Revised Code. The fee shall be retained by the clerk who issues	1434
the certificate of title and shall be distributed in accordance	1435
with that section. If a clerk of a court of common pleas, other	1436
than the clerk of the court of common pleas of an applicant's	1437
county of residence, issues a certificate of title to the	1438
applicant, the clerk shall transmit data related to the	1439
transaction to the automated title processing system.	1440

(3) If a certificate of title previously has been issued for	1441
a motor vehicle in this state, the application for a	1442
certificate of title also shall be accompanied by that	1443
certificate of title duly assigned, unless otherwise provided in	1444
this chapter. If a certificate of title previously has not been	1445
issued for the motor vehicle in this state, the application,	1446
unless otherwise provided in this chapter, shall be accompanied	1447
by a manufacturer's or importer's certificate or by a certificate	1448
of title of another state from which the motor vehicle was	1449
brought into this state. If the application refers to a motor	1450
vehicle last previously registered in another state, the	1451
application also shall be accompanied by the physical inspection	1452
certificate required by section 4505.061 of the Revised Code. If	1453
the application is made by two persons regarding a motor vehicle	1454
in which they wish to establish joint ownership with right of	1455
survivorship, they may do so as provided in section 2106.17	1456
2131.12 of the Revised Code. If the applicant requests a	1457
designation of the motor vehicle in beneficiary form so that upon	1458
the death of the owner of the motor vehicle, ownership of the	1459
motor vehicle will pass to a designated transfer-on-death	1460
beneficiary or beneficiaries, the applicant may do so as provided	1461
in section 2131.13 of the Revised Code. A person who establishes	1462
ownership of a motor vehicle that is transferable on death in	1463
accordance with section 2131.13 of the Revised Code may terminate	1464
that type of ownership or change the designation of the	1465
transfer-on-death beneficiary or beneficiaries by applying for a	1466
certificate of title pursuant to this section. The clerk shall	1467
retain the evidence of title presented by the applicant and on	1468
which the certificate of title is issued, except that, if an	1469
application for a certificate of title is filed electronically	1470
by an electronic motor vehicle dealer on behalf of the purchaser	1471
of a motor vehicle, the clerk shall retain the completed	1472
electronic record to which the dealer converted the certificate	1473
of title application and other required documents. The	1474
electronic motor vehicle dealer shall forward the actual	1475
application and all other documents relating to the sale of the	1476
motor vehicle to any clerk within thirty days after the	1477
certificate of title is issued. The registrar, after consultation	1478
with the attorney general, shall adopt rules that govern the	1479
location at which, and the manner in which, are stored the actual	1480
application and all other documents relating to the sale of a	1481
motor vehicle when an electronic motor vehicle dealer files the	1482
application for a certificate of title electronically on behalf of	1483
the purchaser.	1484

The clerk shall use reasonable diligence in ascertaining	1485
whether or not the facts in the application for a certificate of	1486
title are true by checking the application and documents	1487
accompanying it or the electronic record to which a dealer	1488
converted the application and accompanying documents with the	1489
records of motor vehicles in the clerk's office. If the clerk is	1490
satisfied that the applicant is the owner of the motor vehicle	1491
and that the application is in the proper form, the clerk,	1492
within five business days after the application is filed, shall	1493
issue a physical certificate of title over the clerk's signature	1494
and sealed with the clerk's seal unless the applicant	1495
specifically requests the clerk not to issue a physical	1496
certificate of title and instead to issue an electronic	1497
certificate of title. For purposes of the transfer of a	1498
certificate of title, if the clerk is satisfied that the secured	1499
party has duly discharged a lien notation but has not canceled	1500
the lien notation with a clerk, the clerk may cancel the lien	1501
notation on the automated title processing system and notify the	1502
clerk of the county of origin.	1503

(4) In the case of the sale of a motor vehicle to a general	1504
buyer or user by a dealer, by a motor vehicle leasing dealer	1505
selling the motor vehicle to the lessee or, in a case in which	1506
the leasing dealer subleased the motor vehicle, the sublessee,	1507
at the end of the lease agreement or sublease agreement, or by a	1508
manufactured home broker, the certificate of title shall be	1509
obtained in the name of the buyer by the dealer, leasing dealer,	1510
or manufactured home broker, as the case may be, upon	1511
application signed by the buyer. The certificate of title shall	1512
be issued, or the process of entering the certificate of title	1513
application information into the automated title processing	1514
system if a physical certificate of title is not to be issued	1515
shall be completed, within five business days after the	1516
application for title is filed with the clerk. If the buyer of	1517
the motor vehicle previously leased the motor vehicle and is	1518
buying the motor vehicle at the end of the lease pursuant to that	1519
lease, the certificate of title shall be obtained in the name of	1520
the buyer by the motor vehicle leasing dealer who previously	1521
leased the motor vehicle to the buyer or by the motor vehicle	1522
leasing dealer who subleased the motor vehicle to the buyer	1523
under a sublease agreement.	1524

In all other cases, except as provided in section 4505.032	1525
and division (D)(2) of section 4505.11 of the Revised Code, such	1526
certificates shall be obtained by the buyer.	1527

(5)(a)(i) If the certificate of title is being obtained in	1528
the name of the buyer by a motor vehicle dealer or motor vehicle	1529
leasing dealer and there is a security interest to be noted on the	1530
certificate of title, the dealer or leasing dealer shall submit	1531
the application for the certificate of title and payment of the	1532
applicable tax to a clerk within seven business days after the	1533
later of the delivery of the motor vehicle to the buyer or the	1534
date the dealer or leasing dealer obtains the manufacturer's or	1535
importer's certificate, or certificate of title issued in the name	1536
of the dealer or leasing dealer, for the motor vehicle. Submission	1537
of the application for the certificate of title and payment of the	1538
applicable tax within the required seven business days may be	1539
indicated by postmark or receipt by a clerk within that period.	1540

(ii) Upon receipt of the certificate of title with the	1541
security interest noted on its face, the dealer or leasing dealer	1542
shall forward the certificate of title to the secured party at the	1543
location noted in the financing documents or otherwise specified	1544
by the secured party.	1545

(iii) A motor vehicle dealer or motor vehicle leasing dealer	1546
is liable to a secured party for a late fee of ten dollars per day	1547
for each certificate of title application and payment of the	1548
applicable tax that is submitted to a clerk more than seven	1549
business days but less than twenty-one days after the later of the	1550
delivery of the motor vehicle to the buyer or the date the dealer	1551
or leasing dealer obtains the manufacturer's or importer's	1552
certificate, or certificate of title issued in the name of the	1553
dealer or leasing dealer, for the motor vehicle and, from then on,	1554
twenty-five dollars per day until the application and applicable	1555
tax are submitted to a clerk.	1556

(b) In all cases of transfer of a motor vehicle, the	1557
application for certificate of title shall be filed within	1558
thirty days after the assignment or delivery of the motor	1559
vehicle. If an application for a certificate of title is not	1560
filed within the period specified in division (A)(5)(b) of this	1561
section, the clerk shall collect a fee of five dollars for the	1562
issuance of the certificate, except that no such fee shall be	1563
required from a motor vehicle salvage dealer, as defined in	1564
division (A) of section 4738.01 of the Revised Code, who	1565
immediately surrenders the certificate of title for	1566
cancellation. The fee shall be in addition to all other fees	1567
established by this chapter, and shall be retained by the clerk.	1568
The registrar shall provide, on the certificate of title form	1569
prescribed by section 4505.07 of the Revised Code, language	1570
necessary to give evidence of the date on which the assignment or	1571
delivery of the motor vehicle was made.	1572

(6) As used in division (A) of this section, "lease	1573
agreement," "lessee," and "sublease agreement" have the same	1574
meanings as in section 4505.04 of the Revised Code.	1575

(B) The clerk, except as provided in this section, shall	1576
refuse to accept for filing any application for a certificate of	1577
title and shall refuse to issue a certificate of title unless the	1578
dealer or manufactured home broker or the applicant, in cases in	1579
which the certificate shall be obtained by the buyer, submits	1580
with the application payment of the tax levied by or pursuant to	1581
Chapters 5739. and 5741. of the Revised Code based on the	1582
purchaser's county of residence. Upon payment of the tax in	1583
accordance with division (E) of this section, the clerk shall	1584
issue a receipt prescribed by the registrar and agreed upon by the	1585
tax commissioner showing payment of the tax or a receipt issued	1586
by the commissioner showing the payment of the tax. When	1587
submitting payment of the tax to the clerk, a dealer shall	1588
retain any discount to which the dealer is entitled under	1589
section 5739.12 of the Revised Code.	1590

For receiving and disbursing such taxes paid to the clerk by	1591
a resident of the clerk's county, the clerk may retain a poundage	1592
fee of one and one one-hundredth per cent, whichand the clerk	1593
shall be paidpay the poundage fee into the certificate of title	1594
administration fund created by section 325.33 of the Revised	1595
Code. The clerk shall not retain a poundage fee from payments of	1596
taxes by persons who do not reside in the clerk's county.	1597

A clerk, however, may retain from the taxes paid to the clerk	1598
an amount equal to the poundage fees associated with certificates	1599
of title issued by other clerks of courts of common pleas to	1600
applicants who reside in the first clerk's county. The registrar,	1601
in consultation with the tax commissioner and the clerks of the	1602
courts of common pleas, shall develop a report from the automated	1603
title processing system that informs each clerk of the amount of	1604
the poundage fees that the clerk is permitted to retain from those	1605
taxes because of certificates of title issued by the clerks of	1606
other counties to applicants who reside in the first clerk's	1607
county.	1608

In the case of casual sales of motor vehicles, as defined in	1609
section 4517.01 of the Revised Code, the price for the purpose of	1610
determining the tax shall be the purchase price on the assigned	1611
certificate of title executed by the seller and filed with the	1612
clerk by the buyer on a form to be prescribed by the registrar,	1613
which shall be prima-facie evidence of the amount for the	1614
determination of the tax.	1615

(C)(1) If the transferor indicates on the certificate of	1616
title that the odometer reflects mileage in excess of the	1617
designed mechanical limit of the odometer, the clerk shall enter	1618
the phrase "exceeds mechanical limits" following the mileage	1619
designation. If the transferor indicates on the certificate of	1620
title that the odometer reading is not the actual mileage, the	1621
clerk shall enter the phrase "nonactual: warning - odometer	1622
discrepancy" following the mileage designation. The clerk shall	1623
use reasonable care in transferring the information supplied by	1624
the transferor, but is not liable for any errors or omissions of	1625
the clerk or those of the clerk's deputies in the performance of	1626
the clerk's duties created by this chapter.	1627

The registrar shall prescribe an affidavit in which the	1628
transferor shall swear to the true selling price and, except as	1629
provided in this division, the true odometer reading of the motor	1630
vehicle. The registrar may prescribe an affidavit in which the	1631
seller and buyer provide information pertaining to the odometer	1632
reading of the motor vehicle in addition to that required by this	1633
section, as such information may be required by the United States	1634
secretary of transportation by rule prescribed under authority of	1635
subchapter IV of the "Motor Vehicle Information and Cost Savings	1636
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	1637

(2) Division (C)(1) of this section does not require the	1638
giving of information concerning the odometer and odometer	1639
reading of a motor vehicle when ownership of a motor vehicle is	1640
being transferred as a result of a bequest, under the laws of	1641
intestate succession, to a surviving spousesurvivor pursuant to	1642
section 2106.17, 2106.18, 2131.12, or 4505.10 of the Revised	1643
Code, to a transfer-on-death beneficiary or beneficiaries pursuant	1644
to section 2131.13 of the Reviseed Code, or in connection with the	1645
creation of a security interest.	1646

(D) When the transfer to the applicant was made in some	1647
other state or in interstate commerce, the clerk, except as	1648
provided in this section, shall refuse to issue any certificate	1649
of title unless the tax imposed by or pursuant to Chapter 5741.	1650
of the Revised Code based on the purchaser's county of residence	1651
has been paid as evidenced by a receipt issued by the tax	1652
commissioner, or unless the applicant submits with the	1653
application payment of the tax. Upon payment of the tax in	1654
accordance with division (E) of this section, the clerk shall	1655
issue a receipt prescribed by the registrar and agreed upon by	1656
the tax commissioner, showing payment of the tax.	1657

For receiving and disbursing such taxes paid to the clerk	1658
by a resident of the clerk's county, the clerk may retain a	1659
poundage fee of one and one one-hundredth per cent. The clerk	1660
shall not retain a poundage fee from payments of taxes by persons	1661
who do not reside in the clerk's county.	1662

A clerk, however, may retain from the taxes paid to the clerk	1663
an amount equal to the poundage fees associated with certificates	1664
of title issued by other clerks of courts of common pleas to	1665
applicants who reside in the first clerk's county. The registrar,	1666
in consultation with the tax commissioner and the clerks of the	1667
courts of common pleas, shall develop a report from the automated	1668
title processing system that informs each clerk of the amount of	1669
the poundage fees that the clerk is permitted to retain from those	1670
taxes because of certificates of title issued by the clerks of	1671
other counties to applicants who reside in the first clerk's	1672
county.	1673

When the vendor is not regularly engaged in the business of	1674
selling motor vehicles, the vendor shall not be required to	1675
purchase a vendor's license or make reports concerning those	1676
sales.	1677

(E) The clerk shall accept any payment of a tax in cash, or	1678
by cashier's check, certified check, draft, money order, or	1679
teller check issued by any insured financial institution payable	1680
to the clerk and submitted with an application for a certificate	1681
of title under division (B) or (D) of this section. The clerk	1682
also may accept payment of the tax by corporate, business, or	1683
personal check, credit card, electronic transfer or wire	1684
transfer, debit card, or any other accepted form of payment made	1685
payable to the clerk. The clerk may require bonds, guarantees,	1686
or letters of credit to ensure the collection of corporate,	1687
business, or personal checks. Any service fee charged by a	1688
third party to a clerk for the use of any form of payment may be	1689
paid by the clerk from the certificate of title administration	1690
fund created in section 325.33 of the Revised Code, or may be	1691
assessed by the clerk upon the applicant as an additional fee.	1692
Upon collection, the additional fees shall be paid by the clerk	1693
into that certificate of title administration fund.	1694

The clerk shall make a good faith effort to collect any	1695
payment of taxes due but not made because the payment was	1696
returned or dishonored, but the clerk is not personally liable	1697
for the payment of uncollected taxes or uncollected fees. The	1698
clerk shall notify the tax commissioner of any such payment of	1699
taxes that is due but not made and shall furnish suchthe	1700
information to the commissioner asthat the commissioner	1701
requires. The clerk shall deduct the amount of taxes due but not	1702
paid from the clerk's periodic remittance of tax payments, in	1703
accordance with procedures agreed upon by the tax commissioner.	1704
The commissioner may collect taxes due by assessment in the	1705
manner provided in section 5739.13 of the Revised Code.	1706

Any person who presents payment that is returned or	1707
dishonored for any reason is liable to the clerk for payment of a	1708
penalty over and above the amount of the taxes due. The clerk	1709
shall determine the amount of the penalty, whichand the penalty	1710
shall be no greater than that amount necessary to compensate the	1711
clerk for banking charges, legal fees, or other expenses	1712
incurred by the clerk in collecting the returned or dishonored	1713
payment. The remedies and procedures provided in this section	1714
are in addition to any other available civil or criminal	1715
remedies. Subsequently collected penalties, poundage fees, and	1716
title fees, less any title fee due the state, from returned or	1717
dishonored payments collected by the clerk shall be paid into the	1718
certificate of title administration fund. Subsequently	1719
collected taxes, less poundage fees, shall be sent by the clerk	1720
to the treasurer of state at the next scheduled periodic	1721
remittance of tax payments, with information as the	1722
commissioner may require. The clerk may abate all or any part of	1723
any penalty assessed under this division.	1724

(F) In the following cases, the clerk shall accept for	1725
filing an application and shall issue a certificate of title	1726
without requiring payment or evidence of payment of the tax:	1727

(1) When the purchaser is this state or any of its	1728
political subdivisions, a church, or an organization whose	1729
purchases are exempted by section 5739.02 of the Revised Code;	1730

(2) When the transaction in this state is not a retail sale	1731
as defined by section 5739.01 of the Revised Code;	1732

(3) When the purchase is outside this state or in	1733
interstate commerce and the purpose of the purchaser is not to	1734
use, store, or consume within the meaning of section 5741.01 of	1735
the Revised Code;	1736

(4) When the purchaser is the federal government;

1737

(5) When the motor vehicle was purchased outside this state	1738
for use outside this state;	1739

(6) When the motor vehicle is purchased by a nonresident of	1740
this state for immediate removal from this state, and will be	1741
permanently titled and registered in another state, as provided	1742
by division (B)(23) of section 5739.02 of the Revised Code, and	1743
upon presentation of a copy of the affidavit provided by that	1744
section, and a copy of the exemption certificate provided by	1745
section 5739.03 of the Revised Code.	1746

The clerk shall forward all payments of taxes, less poundage	1747
fees, to the treasurer of state in a manner to be prescribed by	1748
the tax commissioner and shall furnish information to the	1749
commissioner as the commissioner requires.	1750

(G) An application, as prescribed by the registrar and	1751
agreed to by the tax commissioner, shall be filled out and sworn	1752
to by the buyer of a motor vehicle in a casual sale. The	1753
application shall contain the following notice in bold lettering:	1754
"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You	1755
are required by law to state the true selling price. A false	1756
statement is in violation of section 2921.13 of the Revised Code	1757
and is punishable by six months' imprisonment or a fine of up to	1758
one thousand dollars, or both. All transfers are audited by the	1759
department of taxation. The seller and buyer must provide any	1760
information requested by the department of taxation. The buyer	1761
may be assessed any additional tax found to be due."	1762

(H) For sales of manufactured homes or mobile homes	1763
occurring on or after January 1, 2000, the clerk shall accept for	1764
filing, pursuant to Chapter 5739. of the Revised Code, an	1765
application for a certificate of title for a manufactured home or	1766
mobile home without requiring payment of any tax pursuant to	1767
section 5739.02, 5741.021, 5741.022, or 5741.023 of the Revised	1768
Code, or a receipt issued by the tax commissioner showing payment	1769
of the tax. For sales of manufactured homes or mobile homes	1770
occurring on or after January 1, 2000, the applicant shall pay to	1771
the clerk an additional fee of five dollars for each certificate	1772
of title issued by the clerk for a manufactured or mobile home	1773
pursuant to division (H) of section 4505.11 of the Revised Code	1774
and for each certificate of title issued upon transfer of	1775
ownership of the home. The clerk shall credit the fee to the	1776
county certificate of title administration fund, and the fee shall	1777
be used to pay the expenses of archiving suchthose certificates	1778
pursuant to division (A) of section 4505.08 and division (H)(3)	1779
of section 4505.11 of the Revised Code. The tax commissioner	1780
shall administer any tax on a manufactured or mobile home	1781
pursuant to Chapters 5739. and 5741. of the Revised Code.	1782

(I) Every clerk shall have the capability to transact by	1783
electronic means all procedures and transactions relating to the	1784
issuance of motor vehicle certificates of title that are	1785
described in the Revised Code as being accomplished by	1786
electronic means.	1787

Sec. 4505.10.  (A) In the event of the transfer of ownership	1788
of a motor vehicle by operation of law, as upon inheritance,	1789
devise, bequest, order in bankruptcy, insolvency, replevin, or	1790
execution sale, a motor vehicle is sold to satisfy storage or	1791
repair charges, or repossession is had upon default in performance	1792
of the terms of a security agreement as provided in Chapter 1309.	1793
of the Revised Code and the secured party has notified the debtor	1794
as required by division (B) of section 1309.611 of the Revised	1795
Code, a clerk of a court of common pleas, upon the surrender of	1796
the prior certificate of title or the manufacturer's or importer's	1797
certificate, or, when that is not possible, upon presentation of	1798
satisfactory proof to the clerk of ownership and rights of	1799
possession to the motor vehicle, and upon payment of the fee	1800
prescribed in section 4505.09 of the Revised Code and presentation	1801
of an application for certificate of title, may issue to the	1802
applicant a certificate of title to the motor vehicle. Only an	1803
affidavit by the person or agent of the person to whom possession	1804
of the motor vehicle has passed, setting forth the facts entitling	1805
the person to the possession and ownership, together with a copy	1806
of the journal entry, court order, or instrument upon which the	1807
claim of possession and ownership is founded, is satisfactory	1808
proof of ownership and right of possession. If the applicant	1809
cannot produce that proof of ownership, the applicant may apply	1810
directly to the registrar of motor vehicles and submit the	1811
evidence the applicant has, and the registrar, if the registrar	1812
finds the evidence sufficient, then may authorize a clerk to issue	1813
a certificate of title. If, from the records in the office of the	1814
clerk involved, there appears to be any lien on the motor vehicle,	1815
the certificate of title shall contain a statement of the lien	1816
unless the application is accompanied by proper evidence of its	1817
extinction.	1818

(B) A clerk shall transfer a decedent's interest in one or	1819
two automobiles to the surviving spouse of the decedent, as	1820
provided in section 2106.18 of the Revised Code, upon receipt of	1821
the title or titles. An affidavit executed by the surviving	1822
spouse shall be submitted to the clerk with the title or titles.	1823
The affidavit shall give the date of death of the decedent, shall	1824
state that each automobile for which the decedent's interest is to	1825
be so transferred is not disposed of by testamentary disposition,	1826
and shall provide an approximate value for each automobile	1827
selected to be transferred by the surviving spouse. The affidavit	1828
shall also contain a description for each automobile for which the	1829
decedent's interest is to be so transferred. The transfer does	1830
not affect any liens upon any automobile for which the decedent's	1831
interest is so transferred.	1832

(C) Upon the death of one of the persons who have	1833
established joint ownership with right of survivorship under	1834
section 2106.172131.12 of the Revised Code in a motor vehicle,	1835
and upon presentation to a clerk of the title and the certificate	1836
of death of the decedent, the clerk shall transfer title to the	1837
motor vehicle to the survivor. The transfer does not affect any	1838
liens upon any motor vehicle so transferred.	1839

(D) Upon the death of the owner of a motor vehicle	1840
designated in beneficiary form under section 2131.13 of the	1841
Revised Code, upon application for a certificate of title by the	1842
transfer-on-death beneficiary or beneficiaries designated pursuant	1843
to that section, and upon presentation to the clerk of the	1844
certificate of title and the certificate of death of the decedent,	1845
the clerk shall transfer the motor vehicle and issue a certificate	1846
of title to the transfer-on-death beneficiary or beneficiaries.	1847
The transfer does not affect any liens upon the motor vehicle so	1848
transferred.	1849

Sec. 4549.08.  No person shall operate or drive a motor	1850
vehicle upon the public roads and highways in this state if it	1851
displays a license plate or a distinctive number or identification	1852
mark that meets any of the following criteria:	1853

(A) Is fictitious;

1854

(B) Is a counterfeit or an unlawfully made copy of any	1855
distinctive number or identification mark;	1856

(C) Belongs to another motor vehicle, provided that this	1857
section does not apply to a motor vehicle that is operated on the	1858
public roads and highways in this state when the motor vehicle	1859
displays license plates that originally were issued for a motor	1860
vehicle that previously was owned by the same person who owns the	1861
motor vehicle that is operated on the public roads and highways in	1862
this state, during the thirty-day period described in division	1863
(C)(D) of section 4503.12 of the Revised Code.	1864

A person who fails to comply with the transfer of	1865
registration provisions of section 4503.12 of the Revised Code and	1866
is charged with a violation of that section shall not be charged	1867
with a violation of this section.	1868

Sec. 4549.41.  As used in sections 4549.41 to 4549.51 of the	1869
Revised Code:	1870

(A) "Person" includes an individual, corporation,	1871
government, governmental subdivision or agency, business trust,	1872
estate, trust, partnership, association, or cooperative or any	1873
other legal entity, whether acting individually or by their	1874
agents, officers, employees, or representatives.	1875

(B) "Motor vehicle" means any vehicle driven or drawn by	1876
mechanical power for use on the public streets, roads, or	1877
highways.	1878

(C) "Odometer" means an instrument for measuring and	1879
recording the total distance whichthat a motor vehicle travels	1880
while in operation, including any cable, line, or other part	1881
necessary to make the instrument function properly. Odometer does	1882
not include any auxiliary odometer designed to be reset by the	1883
operator of a motor vehicle for the purpose of recording mileage	1884
on trips.	1885

(D) "Transfer" means to change ownership of a motor vehicle	1886
by purchase, by gift, or, except as otherwise provided in this	1887
division, by any other means. A "transfer" does not include a	1888
change of ownership as a result of a bequest, under the laws of	1889
intestate succession, as a result of a surviving spouse's actions	1890
pursuant to section 2106.18 or 4505.10 of the Revised Code, as a	1891
result of the operation of section 2106.172131.12 or 2131.13 of	1892
the Revised Code, or in connection with the creation of a security	1893
interest.	1894

(E) "Transferor" means the person involved in a transfer,	1895
who transfers ownership of a motor vehicle.	1896

(F) "Transferee" means the person involved in a transfer, to	1897
whom the ownership of a motor vehicle is transferred.	1898

(G) "Service" means to repair or replace an odometer which	1899
that is not properly functioning.	1900

Section 2. That existing sections 1339.66, 1339.68, 1340.22,	1901
1547.54, 1548.07, 1548.071, 1548.08, 1548.11, 2106.17, 2106.18,	1902
2107.27, 2107.28, 2109.62, 2113.30, 2113.61, 2117.25, 4503.12,	1903
4505.06, 4505.10, 4549.08, and 4549.41 of the Revised Code are	1904
hereby repealed.	1905

Section 3. Section 1548.07 of the Revised Code is presented	1906
in this act as a composite of the section as amended by both Sub.	1907
H.B. 458 and Am. Sub. S.B. 182 of the 120th General Assembly.	1908
Section 4505.10 of the Revised Code is presented in this act as a	1909
composite of the section as amended by both Am. Sub. S.B. 74 and	1910
Sub. S.B. 59 of the 124th General Assembly. The General Assembly,	1911
applying the principle stated in division (B) of section 1.52 of	1912
the Revised Code that amendments are to be harmonized if	1913
reasonably capable of simultaneous operation, finds that each	1914
composite is the resulting version of the section in effect prior	1915
to the effective date of the section as presented in this act.	1916