Sub. H. B. No. 230As Passed by the Senate

REPRESENTATIVES Reinhard, Schlichter, Widowfield, Aslanides, Carmichael, Cates, DeBose, C. Evans, Flowers, Gibbs, Hagan, Otterman, Perry, Raussen, Schmidt, Seitz, Setzer, Webster

SENATORS Armbruster, Amstutz, Robert Gardner, Harris, Padgett, Spada

A BILL

To amend sections 109.801, 121.08, 306.351, 307.05,

307.055, 307.86, 1548.08, 1548.09, 1548.11,

1548.13, 1548.141, 1548.20, 2935.27, 2937.221,

3937.41, 3937.43, 3937.45, 4501.01, 4501.02,

4501.021, 4501.11, 4503.01, 4503.03, 4503.034,

4503.04, 4503.041, 4503.042, 4503.10, 4503.12,

4503.13, 4503.182, 4503.231, 4503.24, 4503.44,

4504.01, 4505.032, 4505.06, 4505.07, 4505.08,

4505.09, 4505.10, 4505.11, 4505.13, 4505.141,

4506.01, 4506.08, 4506.09, 4506.11, 4506.12,

4507.13, 4507.141, 4507.19, 4507.20, 4507.50,

4507.51, 4507.53, 4507.99, 4509.05, 4509.101,

4509.79, 4510.10, 4510.22, 4510.31, 4510.43,

4511.01, 4513.61, 4513.63, 4517.01, 4517.03,

4517.10, 4517.14, 4519.03, 4519.05, 4519.56,

4519.57, 4519.58, 4519.61, 4519.631, 4519.68,

4738.05, 4738.18, 4749.02, 4749.03, 4749.04,

4749.05, 4749.06, 4749.07, 4749.08, 4749.10,

4749.11, 4749.12, 4749.13, 4749.14, 4905.06,

4919.79, 4923.20, 5502.01, 5502.11, 5503.34,

5505.16, 5516.01, 5516.04, 5516.061, 5516.10,

5577.042, 5577.05, and 5577.99, to enact sections

4503.036, 4503.642, 4505.022, 4507.1614, 4511.121,

4549.081, 4738.19, 4749.021, 5502.011, 5516.062,

and 5577.15 of the Revised Code, to amend Sections

29 and 85 of Am. Sub. H.B. 95 of the 125th General

Assembly, and to amend Section 6 of Sub. S.B. 59

of the 124th General Assembly to revise and

clarify the laws governing the Department of

Public Safety, including the Bureau of Motor

Vehicles and the State Highway Patrol, to make

changes and corrections to the motor vehicle

certificate of title law and registration law, to

set age 60 as the mandatory retirement age for

members of the state highway patrol, to clarify

that the state is the sole regulator for the

registration, licensing, and regulation of motor

vehicle salvage dealers, to expand the authority

of the Department of Transportation concerning the

regulation of advertising devices, to transfer

regulatory authority for private investigators and

security guard providers from the Division of Real

Estate and Professional Licensing in the

Department of Commerce to the Department of Public

Safety, to exempt from competitive bidding

requirements contracts between a board of county

commissioners and a joint emergency medical

service district for the services of emergency

medical service organizations, and to make an

appropriation.

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

Section 1. That sections 109.801, 121.08, 306.351, 307.05,	51
307.055, 307.86, 1548.08, 1548.09, 1548.11, 1548.13, 1548.141,	52
1548.20, 2935.27, 2937.221, 3937.41, 3937.43, 3937.45, 4501.01,	53
4501.02, 4501.021, 4501.11, 4503.01, 4503.03, 4503.034, 4503.04,	54
4503.041, 4503.042, 4503.10, 4503.12, 4503.13, 4503.182, 4503.231,	55
4503.24, 4503.44, 4504.01, 4505.032, 4505.06, 4505.07, 4505.08,	56
4505.09, 4505.10, 4505.11, 4505.13, 4505.141, 4506.01, 4506.08,	57
4506.09, 4506.11, 4506.12, 4507.13, 4507.141, 4507.19, 4507.20,	58
4507.50, 4507.51, 4507.53, 4507.99, 4509.05, 4509.101, 4509.79,	59
4510.10, 4510.22, 4510.31, 4510.43, 4511.01, 4513.61, 4513.63,	60
4517.01, 4517.03, 4517.10, 4517.14, 4519.03, 4519.05, 4519.56,	61
4519.57, 4519.58, 4519.61, 4519.631, 4519.68, 4738.05, 4738.18,	62
4749.02, 4749.03, 4749.04, 4749.05, 4749.06, 4749.07, 4749.08,	63
4749.10, 4749.11, 4749.12, 4749.13, 4749.14, 4905.06, 4919.79,	64
4923.20, 5502.01, 5502.11, 5503.34, 5505.16, 5516.01, 5516.04,	65
5516.061, 5516.10, 5577.042, 5577.05, and 5577.99 be amended and	66
sections 4503.036, 4503.642, 4505.022, 4507.1614, 4511.121,	67
4549.081, 4738.19, 4749.021, 5502.011, 5516.062, and 5577.15 of	68
the Revised Code be enacted to read as follows:	69

Sec. 109.801. (A)(1) Each year the following persons shall	70
complete successfully a firearms requalification program approved	71
by the executive director of the Ohio peace officer training	72
commission in accordance with rules adopted by the attorney	73
general pursuant to section 109.743 of the Revised Code: any	74
sheriff, deputy sheriff, marshal, deputy marshal, township	75
constable, chief of police or member of an organized police	76
department of a municipal corporation or township, chief of police	77
or member of a township police district police force,	78
superintendent of the state highway patrol, state highway patrol	79
trooper, special police officer of the state highway patrol	80
designated under section 5503.09 of the Revised Code, enforcement	81
agent employed under section 5502.14 of the Revised Code, or chief	82
of police of a university or college police department or state	83
university law enforcement officer appointed under section 3345.04	84
of the Revised Code; any parole or probation officer who carries a	85
firearm in the course of official duties; any employee of the	86
department of natural resources who is a natural resources law	87
enforcement staff officer, park officer, forest officer, preserve	88
officer, wildlife officer, or state watercraft officer who carries	89
a firearm in the course of official duties; the house of	90
representatives sergeant at arms if the house of representatives	91
sergeant at arms has arrest authority pursuant to division (E)(1)	92
of section 101.311 of the Revised Code; any assistant house of	93
representatives sergeant at arms; any employee of the department	94
of youth services who is designated pursuant to division (A)(2) of	95
section 5139.53 of the Revised Code as being authorized to carry a	96
firearm while on duty as described in that division; or a special	97
police officer employed by a municipal corporation at a municipal	98
airport or other municipal air navigation facility described in	99
division (A)(19) of section 109.71 of the Revised Code.	100

(2) No person listed in division (A)(1) of this section shall	101
carry a firearm during the course of official duties if the person	102
does not comply with division (A)(1) of this section.	103

(B) The hours that a sheriff spends attending a firearms	104
requalification program required by division (A) of this section	105
are in addition to the sixteen hours of continuing education that	106
are required by division (E) of section 311.01 of the Revised	107
Code.	108

(C) As used in this section, "firearm" has the same meaning	109
as in section 2923.11 of the Revised Code.	110

Sec. 121.08. (A) There is hereby created in the department	111
of commerce the position of deputy director of administration.	112
This officer shall be appointed by the director of commerce, serve	113
under the director's direction, supervision, and control, perform	114
the duties the director prescribes, and hold office during the	115
director's pleasure. The director of commerce may designate an	116
assistant director of commerce to serve as the deputy director of	117
administration. The deputy director of administration shall	118
perform the duties prescribed by the director of commerce in	119
supervising the activities of the division of administration of	120
the department of commerce.	121

(B) Except as provided in section 121.07 of the Revised Code,	122
the department of commerce shall have all powers and perform all	123
duties vested in the deputy director of administration, the state	124
fire marshal, the superintendent of financial institutions, the	125
superintendent of real estate and professional licensing, the	126
superintendent of liquor control, the superintendent of the	127
division of industrial compliance, the superintendent of labor and	128
worker safety, and the commissioner of securities, and shall have	129
all powers and perform all duties vested by law in all officers,	130
deputies, and employees of those offices. Except as provided in	131
section 121.07 of the Revised Code, wherever powers are conferred	132
or duties imposed upon any of those officers, the powers and	133
duties shall be construed as vested in the department of commerce.	134

(C)(1) There is hereby created in the department of commerce	135
a division of financial institutions, which shall have all powers	136
and perform all duties vested by law in the superintendent of	137
financial institutions. Wherever powers are conferred or duties	138
imposed upon the superintendent of financial institutions, those	139
powers and duties shall be construed as vested in the division of	140
financial institutions. The division of financial institutions	141
shall be administered by a superintendent of financial	142
institutions.	143

(2) All provisions of law governing the superintendent of	144
financial institutions shall apply to and govern the	145
superintendent of financial institutions provided for in this	146
section; all authority vested by law in the superintendent of	147
financial institutions with respect to the management of the	148
division of financial institutions shall be construed as vested in	149
the superintendent of financial institutions created by this	150
section with respect to the division of financial institutions	151
provided for in this section; and all rights, privileges, and	152
emoluments conferred by law upon the superintendent of financial	153
institutions shall be construed as conferred upon the	154
superintendent of financial institutions as head of the division	155
of financial institutions. The director of commerce shall not	156
transfer from the division of financial institutions any of the	157
functions specified in division (C)(2) of this section.	158

(D) There is hereby created in the department of commerce a	159
division of liquor control, which shall have all powers and	160
perform all duties vested by law in the superintendent of liquor	161
control. Wherever powers are conferred or duties are imposed upon	162
the superintendent of liquor control, those powers and duties	163
shall be construed as vested in the division of liquor control.	164
The division of liquor control shall be administered by a	165
superintendent of liquor control.	166

(E) The director of commerce shall not be interested,	167
directly or indirectly, in any firm or corporation which is a	168
dealer in securities as defined in sections 1707.01 and 1707.14 of	169
the Revised Code, or in any firm or corporation licensed under	170
sections 1321.01 to 1321.19 of the Revised Code.	171

(F) The director of commerce shall not have any official	172
connection with a savings and loan association, a savings bank, a	173
bank, a bank holding company, a savings and loan association	174
holding company, a consumer finance company, or a credit union	175
that is under the supervision of the division of financial	176
institutions, or a subsidiary of any of the preceding entities, or	177
be interested in the business thereof.	178

(G) There is hereby created in the state treasury the	179
division of administration fund. The fund shall receive	180
assessments on the operating funds of the department of commerce	181
in accordance with procedures prescribed by the director of	182
commerce and approved by the director of budget and management.	183
All operating expenses of the division of administration shall be	184
paid from the division of administration fund.	185

(H) There is hereby created in the department of commerce a	186
division of real estate and professional licensing, which shall be	187
under the control and supervision of the director of commerce. The	188
division of real estate and professional licensing shall be	189
administered by a superintendent of real estate and professional	190
licensing. The superintendent of real estate and professional	191
licensing shall exercise the powers and perform the functions and	192
duties delegated to the superintendent under Chapters 4735.,	193
~~4749.,~~ 4763., and 4767. of the Revised Code.	194

(I) There is hereby created in the department of commerce a	195
division of labor and worker safety, which shall have all powers	196
and perform all duties vested by law in the superintendent of	197
labor and worker safety. Wherever powers are conferred or duties	198
imposed upon the superintendent of labor and worker safety, those	199
powers and duties shall be construed as vested in the division of	200
labor and worker safety. The division of labor and worker safety	201
shall be under the control and supervision of the director of	202
commerce and be administered by a superintendent of labor and	203
worker safety. The superintendent of labor and worker safety shall	204
exercise the powers and perform the duties delegated to the	205
superintendent by the director under Chapters 4109., 4111., 4115.,	206
and 4167. of the Revised Code.	207

(J) The department of commerce or a division of the	208
department created by the Revised Code that is acting with	209
authorization on the ~~departments's~~department's behalf may request	210
from the bureau of criminal identification and investigation	211
pursuant to section 109.572 of the Revised Code, or coordinate	212
with appropriate federal, state, and local government agencies to	213
accomplish, criminal records checks for the persons whose	214
identities are required to be disclosed by an applicant for the	215
issuance or transfer of a permit, license, or certification issued	216
or transferred by the department or division. At or before the	217
time of making a request for a criminal records check, the	218
department or division may require any person whose identity is	219
required to be disclosed by an applicant for the issuance or	220
transfer of such a license, permit, or certification to submit to	221
the department or division valid fingerprint impressions in a	222
format and by any media or means acceptable to the bureau of	223
criminal identification and investigation and, when applicable,	224
the federal bureau of investigation. The department or division	225
may cause the bureau of criminal identification and investigation	226
to conduct a criminal records check through the federal bureau of	227
investigation only if the person for whom the criminal records	228
check would be conducted resides or works outside of this state or	229
has resided or worked outside of this state during the preceding	230
five years, or if a criminal records check conducted by the bureau	231
of criminal identification and investigation within this state	232
indicates that the person may have a criminal record outside of	233
this state.	234

In the case of a criminal records check under section 109.572	235
of the Revised Code, the department or division shall forward to	236
the bureau of criminal identification and investigation the	237
requisite form, fingerprint impressions, and fee described in	238
division (C) of that section. When requested by the department or	239
division in accordance with this section, the bureau of criminal	240
identification and investigation shall request from the federal	241
bureau of investigation any information it has with respect to the	242
person who is the subject of the requested criminal records check	243
and shall forward the requisite fingerprint impressions and	244
information to the federal bureau of investigation for that	245
criminal records check. After conducting a criminal records check	246
or receiving the results of a criminal records check from the	247
federal bureau of investigation, the bureau of criminal	248
identification and investigation shall provide the results to the	249
department or division.	250

The department or division may require any person about whom	251
a criminal records check is requested to pay to the department or	252
division the amount necessary to cover the fee charged to the	253
department or division by the bureau of criminal identification	254
and investigation under division (C)(3) of section 109.572 of the	255
Revised Code, including, when applicable, any fee for a criminal	256
records check conducted by the federal bureau of investigation.	257

Sec. 306.351. NoA regional transit authority ~~shall~~may	258
purchase ~~or operate any motor bus that is not a straight,~~	259
~~continuous vehicle, but instead has a flexible joint built within~~	260
~~the body or chassis of the motor bus, unless the motor bus is~~	261
~~manufactured or assembled within, or, if no such motor~~an	262
articulated bus only if the regional transit authority establishes	263
and follows a preference system for buses that are manufactured or	264
assembled within this state, ~~this state,~~or, if none, within the	265
United States.	266

Sec. 307.05. As used in this section, "emergency medical	267
service organization" has the same meaning as in section 4765.01	268
of the Revised Code.	269

A board of county commissioners may operate an ambulance	270
service organization or emergency medical service organization,	271
or, in counties with a population of forty thousand or less, may	272
operate a nonemergency patient transport service organization, or	273
may enter into a contract with one or more counties, townships,	274
municipal corporations, nonprofit corporations, joint emergency	275
medical services districts, fire and ambulance districts, or	276
private ambulance owners, regardless of whether such counties,	277
townships, municipal corporations, nonprofit corporations, joint	278
emergency medical services districts, fire and ambulance	279
districts, or private ambulance owners are located within or	280
without the state, in order to furnish or obtain the services of	281
ambulance service organizations, to furnish or obtain additional	282
services from ambulance service organizations in times of	283
emergency, to furnish or obtain the services of emergency medical	284
service organizations, or, in counties with a population of forty	285
thousand or less, to furnish or obtain services of nonemergency	286
patient transport service organizations, or may enter into a	287
contract with any such entity to furnish or obtain the interchange	288
of services from ambulance or emergency medical service	289
organizations, or, within counties with a population of forty	290
thousand or less, to furnish or obtain the interchange of services	291
from nonemergency patient transport service organizations, within	292
the territories of the contracting subdivisions. ~~Such~~Except in	293
the case of a contract with a joint emergency medical services	294
district to obtain the services of emergency medical service	295
organizations, such contracts shall not be entered into with a	296
public agency or nonprofit corporation that receives more than	297
half of its operating funds from governmental entities with the	298
intention of directly competing with the operation of other	299
ambulance service organizations, nonemergency patient transport	300
service organizations, or emergency medical service organizations	301
in the county unless the public agency or nonprofit corporation is	302
awarded the contract after submitting the lowest and best bid to	303
the board of county commissioners. Any county wishing to commence	304
operation of a nonemergency patient transport service organization	305
or wishing to enter into a contract for the first time to furnish	306
or obtain services from a nonemergency patient transport service	307
organization on or after March 1, 1993, including a county in	308
which a private provider has been providing the service, shall	309
demonstrate the need for public funding for the service to, and	310
obtain approval from, the state board of emergency medical	311
services or its immediate successor board prior to operating or	312
funding the organization.	313

When such an organization is operated by the board, the	314
organization may be administered by the board, by the county	315
sheriff, or by another county officer or employee designated by	316
the board. All rules, including the determining of reasonable	317
rates, necessary for the establishment, operation, and maintenance	318
of such an organization shall be adopted by the board.	319

A contract for services of an ambulance service, nonemergency	320
patient transport service, or emergency medical service	321
organization shall include the terms, conditions, and stipulations	322
as agreed to by the parties to the contract. It may provide for a	323
fixed annual charge to be paid at the times agreed upon and	324
stipulated in the contract, or for compensation based upon a	325
stipulated price for each run, call, or emergency or the number of	326
persons or pieces of apparatus employed, or the elapsed time of	327
service required in such run, call, or emergency, or any	328
combination thereof.	329

Sec. 307.055. (A) Subject to the terms and conditions of the	330
joint resolution creating it, each joint emergency medical	331
services district may furnish ambulance services and emergency	332
medical services by one of the following methods:	333

(1) By operating an emergency medical service organization as	334
defined in section 4765.01 of the Revised Code;	335

(2) By contracting for the operation of one or more	336
facilities pursuant to division (C) or (D) of this section;	337

(3) By providing necessary services and equipment to the	338
district either directly or under a contract entered into pursuant	339
to division (B) of this section;	340

(4) By providing service through any combination of methods	341
described in divisions (A)(1) to (3) of this section.	342

(B) In order to obtain ambulance service, to obtain	343
additional ambulance service in times of emergency, or to obtain	344
emergency medical services, a joint emergency medical services	345
district may enter into a contract, for a period not to exceed	346
three years, with one or more counties, townships, municipal	347
corporations, joint fire districts, other governmental units that	348
provide ambulance service or emergency medical services, nonprofit	349
corporations, or private ambulance owners, regardless of whether	350
the entities contracted with are located within or outside this	351
state, upon such terms as are agreed to, to furnish or receive	352
ambulance services or the interchange of ambulance services or	353
emergency medical services within the several territories of the	354
contracting subdivisions, if the contract is first authorized by	355
all boards of trustees and legislative authorities in the	356
territories to be served.	357

Such a contract may provide for a fixed annual charge to be	358
paid at the times agreed upon and stipulated in the contract; or	359
for compensation based on a stipulated price for each run, call,	360
or emergency or based on the elapsed time of service required for	361
each run, call, or emergency, or based on any combination of	362
these.	363

Expenditures of a district for ambulance service or emergency	364
medical service, whether pursuant to contract or otherwise, are	365
lawful expenditures, regardless of whether the district or the	366
party with which it contracts charges an additional fee to users	367
of the service.	368

(C) The board of trustees may enter into a contract with any	369
person, municipal corporation, township, or other political	370
subdivision, and any political subdivision may contract with the	371
board, for the operation and maintenance of emergency medical	372
services facilities regardless of whether the facilities used are	373
owned or leased by the district, by another political subdivision,	374
or by the contractor.	375

(D) The district may purchase, lease, and maintain all	376
materials, buildings, land, and equipment, including vehicles, the	377
board considers necessary for the district.	378

When the board finds, by resolution, that the district has	379
personal property that is not needed for public use, or is	380
obsolete or unfit for the use for which it was acquired, the board	381
may dispose of the property in the same manner as provided in	382
section 307.12 of the Revised Code.	383

(E) ~~Any~~Except in the case of a contract with a board of	384
county commissioners for the provision of services of an emergency	385
medical service organization, any contract entered into by a joint	386
emergency medical services district shall conform to the same	387
bidding requirements that apply to county contracts under sections	388
307.86 to 307.92 of the Revised Code.	389

(F) A county participating in a joint district may contribute	390
any of its rights or interests in real or personal property,	391
including money, and may contribute services to the district. Any	392
such contributions shall be made by a written agreement between	393
the contributing county and the district, specifying the	394
contribution as well as the rights of the participating counties	395
in the contributed property. Written agreements shall also be	396
prepared specifying the rights of participating counties in	397
property acquired by the district other than by contribution of a	398
participating county. Written agreements required by this division	399
may be amended only by written agreement of all parties to the	400
original agreement.	401

(G) A district's board of trustees, by adoption of an	402
appropriate resolution, may choose to have the Ohio medical	403
transportation board license any emergency medical service	404
organization the district operates. If a board adopts such a	405
resolution, Chapter 4766. of the Revised Code, except for sections	406
4766.06 and 4766.99 of the Revised Code, applies to the district	407
emergency medical service organization. All rules adopted under	408
the applicable sections of that chapter also apply to the	409
organization. A board, by adoption of an appropriate resolution,	410
may remove the district emergency medical service organization	411
from the jurisdiction of the Ohio medical transportation board.	412

Sec. 307.86. Anything to be purchased, leased, leased with	413
an option or agreement to purchase, or constructed, including, but	414
not limited to, any product, structure, construction,	415
reconstruction, improvement, maintenance, repair, or service,	416
except the services of an accountant, architect, attorney at law,	417
physician, professional engineer, construction project manager,	418
consultant, surveyor, or appraiser, by or on behalf of the county	419
or contracting authority, as defined in section 307.92 of the	420
Revised Code, at a cost in excess of twenty-five thousand dollars,	421
except as otherwise provided in division (D) of section 713.23 and	422
in sections 125.04, 307.022, 307.041, 307.861, 339.05, 340.03,	423
340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01,	424
and 6137.05 of the Revised Code, shall be obtained through	425
competitive bidding. However, competitive bidding is not required	426
when any of the following applies:	427

(A) The board of county commissioners, by a unanimous vote of	428
its members, makes a determination that a real and present	429
emergency exists, and that determination and the reasons for it	430
are entered in the minutes of the proceedings of the board, when	431
either of the following applies:	432

(1) The estimated cost is less than fifty thousand dollars.

433

(2) There is actual physical disaster to structures, radio	434
communications equipment, or computers.	435

For purposes of this division, "unanimous vote" means all	436
three members of a board of county commissioners when all three	437
members are present, or two members of the board if only two	438
members, constituting a quorum, are present.	439

Whenever a contract of purchase, lease, or construction is	440
exempted from competitive bidding under division (A)(1) of this	441
section because the estimated cost is less than fifty thousand	442
dollars, but the estimated cost is twenty-five thousand dollars or	443
more, the county or contracting authority shall solicit informal	444
estimates from no fewer than three persons who could perform the	445
contract, before awarding the contract. With regard to each such	446
contract, the county or contracting authority shall maintain a	447
record of such estimates, including the name of each person from	448
whom an estimate is solicited. The county or contracting authority	449
shall maintain the record for the longer of at least one year	450
after the contract is awarded or the amount of time the federal	451
government requires.	452

(B)(1) The purchase consists of supplies or a replacement or	453
supplemental part or parts for a product or equipment owned or	454
leased by the county, and the only source of supply for the	455
supplies, part, or parts is limited to a single supplier.	456

(2) The purchase consists of services related to information	457
technology, such as programming services, that are proprietary or	458
limited to a single source.	459

(C) The purchase is from the federal government, the state,	460
another county or contracting authority of another county, or a	461
board of education, township, or municipal corporation.	462

(D) The purchase is made by a county department of job and	463
family services under section 329.04 of the Revised Code and	464
consists of family services duties or workforce development	465
activities or is made by a county board of mental retardation and	466
developmental disabilities under section 5126.05 of the Revised	467
Code and consists of program services, such as direct and	468
ancillary client services, child day-care, case management	469
services, residential services, and family resource services.	470

(E) The purchase consists of criminal justice services,	471
social services programs, family services, or workforce	472
development activities by the board of county commissioners from	473
nonprofit corporations or associations under programs funded by	474
the federal government or by state grants.	475

(F) The purchase consists of any form of an insurance policy	476
or contract authorized to be issued under Title XXXIX of the	477
Revised Code or any form of health care plan authorized to be	478
issued under Chapter 1751. of the Revised Code, or any combination	479
of such policies, contracts, or plans that the contracting	480
authority is authorized to purchase, and the contracting authority	481
does all of the following:	482

(1) Determines that compliance with the requirements of this	483
section would increase, rather than decrease, the cost of the	484
purchase;	485

(2) Employs a competent consultant to assist the contracting	486
authority in procuring appropriate coverages at the best and	487
lowest prices;	488

(3) Requests issuers of the policies, contracts, or plans to	489
submit proposals to the contracting authority, in a form	490
prescribed by the contracting authority, setting forth the	491
coverage and cost of the policies, contracts, or plans as the	492
contracting authority desires to purchase;	493

(4) Negotiates with the issuers for the purpose of purchasing	494
the policies, contracts, or plans at the best and lowest price	495
reasonably possible.	496

(G) The purchase consists of computer hardware, software, or	497
consulting services that are necessary to implement a computerized	498
case management automation project administered by the Ohio	499
prosecuting attorneys association and funded by a grant from the	500
federal government.	501

(H) Child day-care services are purchased for provision to	502
county employees.	503

(I)(1) Property, including land, buildings, and other real	504
property, is leased for offices, storage, parking, or other	505
purposes, and all of the following apply:	506

(a) The contracting authority is authorized by the Revised	507
Code to lease the property.	508

(b) The contracting authority develops requests for proposals	509
for leasing the property, specifying the criteria that will be	510
considered prior to leasing the property, including the desired	511
size and geographic location of the property.	512

(c) The contracting authority receives responses from	513
prospective lessors with property meeting the criteria specified	514
in the requests for proposals by giving notice in a manner	515
substantially similar to the procedures established for giving	516
notice under section 307.87 of the Revised Code.	517

(d) The contracting authority negotiates with the prospective	518
lessors to obtain a lease at the best and lowest price reasonably	519
possible considering the fair market value of the property and any	520
relocation and operational costs that may be incurred during the	521
period the lease is in effect.	522

(2) The contracting authority may use the services of a real	523
estate appraiser to obtain advice, consultations, or other	524
recommendations regarding the lease of property under this	525
division.	526

(J) The purchase is made pursuant to section 5139.34 or	527
sections 5139.41 to 5139.46 of the Revised Code and is of programs	528
or services that provide case management, treatment, or prevention	529
services to any felony or misdemeanant delinquent, unruly youth,	530
or status offender under the supervision of the juvenile court,	531
including, but not limited to, community residential care, day	532
treatment, services to children in their home, or electronic	533
monitoring.	534

(K) The purchase is made by a public children services agency	535
pursuant to section 307.92 or 5153.16 of the Revised Code and	536
consists of family services, programs, or ancillary services that	537
provide case management, prevention, or treatment services for	538
children at risk of being or alleged to be abused, neglected, or	539
dependent children.	540

(L) The purchase is to obtain the services of emergency	541
medical service organizations under a contract made by the board	542
of county commissioners pursuant to section 307.05 of the Revised	543
Code with a joint emergency medical services district.	544

Any issuer of policies, contracts, or plans listed in	545
division (F) of this section and any prospective lessor under	546
division (I) of this section may have the issuer's or prospective	547
lessor's name and address, or the name and address of an agent,	548
placed on a special notification list to be kept by the	549
contracting authority, by sending the contracting authority that	550
name and address. The contracting authority shall send notice to	551
all persons listed on the special notification list. Notices shall	552
state the deadline and place for submitting proposals. The	553
contracting authority shall mail the notices at least six weeks	554
prior to the deadline set by the contracting authority for	555
submitting proposals. Every five years the contracting authority	556
may review this list and remove any person from the list after	557
mailing the person notification of that action.	558

Any contracting authority that negotiates a contract under	559
division (F) of this section shall request proposals and	560
renegotiate with issuers in accordance with that division at least	561
every three years from the date of the signing of such a contract.	562

Any consultant employed pursuant to division (F) of this	563
section and any real estate appraiser employed pursuant to	564
division (I) of this section shall disclose any fees or	565
compensation received from any source in connection with that	566
employment.	567

Sec. 1548.08. (A) When the clerk of a court of common pleas	568
issues a physical certificate of title for a watercraft or	569
outboard motor, the clerk shall issue it over the clerk's official	570
seal. All physical certificates of title to watercraft or outboard	571
motors shall contain the information required in the application	572
for them as prescribed by section 1548.07 of the Revised Code, as	573
well as spaces for the dates of notation and cancellation of each	574
lien, mortgage, or encumbrance, over the signature of the clerk.	575
If any certificate of title is issued for a watercraft or outboard	576
motor in which two persons are establishing joint ownership with	577
right of survivorship under section 2106.17 of the Revised Code,	578
the certificate, in addition to the information required by this	579
section, shall show that the two persons have established joint	580
ownership with right of survivorship in the watercraft or outboard	581
motor.	582

An assignment of certificate of title before a notary public	583
or other officer empowered to administer oaths shall appear on the	584
reverse side of each physical certificate of title in the form to	585
be prescribed by the chief of the division of watercraft. The	586
assignment form shall include a warranty that the signer is the	587
owner of the watercraft or outboard motor and that there are no	588
mortgages, liens, or encumbrances on the watercraft or outboard	589
motor except as are noted on the face of the certificate of title.	590

(B) An electronic certificate of title is an electronic	591
record stored in the automated title processing system that	592
establishes ownership of a watercraft or outboard motor, as well	593
as any security interests that exist in that watercraft or	594
outboard motor.	595

Sec. 1548.09. When the clerk of a court of common pleas	596
issues a physical certificate of title, the clerk shall issue the	597
certificate of title on a form and in ~~duplicate. One copy shall be~~	598
~~retained and filed~~a manner prescribed by the ~~clerk in the clerk's~~	599
~~office, and the information contained in it~~chief of the division	600
of watercraft. The clerk shall file a copy of the physical	601
evidence for the creation of the certificate of title in a manner	602
prescribed by the chief of the division of watercraft. A clerk may	603
retain digital images of documents used as evidence for issuance	604
of a certificate of title. Certified printouts of documents	605
retained as digital images shall have the same evidentiary value	606
as the original physical documents. The record of the issuance of	607
the certificate of title shall be ~~transmitted on the day it is~~	608
~~issued to~~maintained in the ~~chief of the division of watercraft~~	609
automated title processing system. The clerk shall sign and affix	610
the clerk's seal to the original certificate of title and, if	611
there are no liens on the watercraft or outboard motor, shall	612
deliver the certificate to the applicant. If there are one or more	613
liens on the watercraft or outboard motor, the clerk shall deliver	614
the certificate of title to the holder of the first lien.	615

The chief shall approve a uniform method of numbering	616
certificates of title. The numbering shall be in such manner that	617
the county of issuance is indicated. Numbers shall be assigned to	618
certificates of title in the manner approved by the chief. The	619
clerk shall file all certificates of title according to policies	620
prescribed by the chief, and the clerk shall maintain in the	621
clerk's office indexes for the certificates of title.	622

The clerk need not retain on file any certificate of title,	623
duplicate certificate of title, or memorandum certificate of	624
title, or supporting evidence of them, covering any watercraft or	625
outboard motor for a period longer than seven years after the date	626
of its filing; thereafter, the certificate and supporting	627
information may be destroyed. The clerk shall issue a duplicate	628
title, when duly applied for, of any title that has been	629
destroyed as provided in this section.	630

The clerk shall issue a physical certificate of title to an	631
applicant unless the applicant specifically requests the clerk not	632
to issue a physical certificate of title and instead to issue an	633
electronic certificate of title. The fact that a physical	634
certificate of title is not issued for a watercraft or outboard	635
motor does not affect ownership of the watercraft or outboard	636
motor. In that case, when the clerk completes the process of	637
entering certificate of title application information into the	638
automated title processing system, the effect of the completion of	639
the process is the same as if the clerk actually issued a physical	640
certificate of title for the watercraft or outboard motor.	641

Sec. 1548.11. (A) In the event of the transfer of ownership	642
of a watercraft or outboard motor by operation of law, as upon	643
inheritance, devise, bequest, order in bankruptcy, insolvency,	644
replevin, or execution of sale, or whenever the engine of a	645
watercraft is replaced by another engine, a watercraft or outboard	646
motor is sold to satisfy storage or repair charges, or	647
repossession is had upon default in performance of the terms of a	648
security agreement as provided in Chapter 1309. of the Revised	649
Code, a clerk of a court of common pleas, upon the surrender of	650
the prior certificate of title or the manufacturer's or importer's	651
certificate, or, when that is not possible, upon presentation of	652
satisfactory proof to the clerk of ownership and rights of	653
possession to the watercraft or outboard motor, and upon payment	654
of the fee prescribed in section 1548.10 of the Revised Code and	655
presentation of an application for certificate of title, may issue	656
to the applicant a certificate of title to the watercraft or	657
outboard motor. Only an affidavit by the person or agent of the	658
person to whom possession of the watercraft or outboard motor has	659
passed, setting forth the facts entitling the person to possession	660
and ownership, together with a copy of the journal entry, court	661
order, or instrument upon which the claim of possession and	662
ownership is founded, is satisfactory proof of ownership and right	663
of possession. If the applicant cannot produce such proof of	664
ownership, the applicant may apply directly to the chief of the	665
division of watercraft and submit such evidence as the applicant	666
has, and the chief, if the chief finds the evidence sufficient,	667
may authorize the clerk to issue a certificate of title. If the	668
chief finds the evidence insufficient, the applicant may petition	669
the court of common pleas for a court order ordering the clerk to	670
issue a certificate of title. The court shall grant or deny the	671
petition based on the sufficiency of the evidence presented to the	672
court. If, from the records in the office of the clerk, there	673
appears to be any lien on the watercraft or outboard motor, the	674
certificate of title shall contain a statement of the lien unless	675
the application is accompanied by proper evidence of its	676
extinction.	677

(B) Upon the death of one of the persons who have established	678
joint ownership with right of survivorship under section 2131.12	679
of the Revised Code in a watercraft or outboard motor and the	680
presentation to the clerk of the title and the certificate of	681
death of the deceased person, the clerk shall enter into the	682
records the transfer of the watercraft or outboard motor to the	683
surviving person, and the title to the watercraft or outboard	684
motor immediately passes to the surviving person. The transfer	685
does not affect any liens on the watercraft or outboard motor.	686

(C) The clerk shall transfer a decedent's interest in one	687
watercraft, one outboard motor, or one of each to the decedent's	688
surviving spouse as provided in section 2106.19 of the Revised	689
Code.	690

(D) Upon the death of an owner of a watercraft or outboard	691
motor designated in beneficiary form under section 2131.13 of the	692
Revised Code, upon application of the transfer-on-death	693
beneficiary or beneficiaries designated pursuant to that section,	694
and upon presentation to the clerk of the certificate of title and	695
the certificate of death of the deceased owner, the clerk shall	696
transfer the watercraft or outboard motor and issue a certificate	697
of title to the transfer-on-death beneficiary or beneficiaries.	698
The transfer does not affect any liens upon any watercraft or	699
outboard motor so transferred.	700

Sec. 1548.13. In the event of a lost or destroyed	701
certificate of title, application shall be made to a clerk of a	702
court of common pleas by the owner of the watercraft or outboard	703
motor, or the holder of a lien on it, for a certified copy of the	704
certificate upon a form prescribed by the chief of the division of	705
watercraft and accompanied by the fee prescribed by section	706
1548.10 of the Revised Code. The application shall be signed and	707
sworn to by the person making the application, and the clerk shall	708
issue a certified copy of the certificate of title to the person	709
entitled to receive it under this chapter. The certified copy	710
shall be plainly marked across its face with the word "duplicate,"	711
and any subsequent purchaser of the watercraft or outboard motor	712
in the chain of title originating through the certified copy	713
acquires only such rights in the watercraft or outboard motor as	714
the original holder of the certified copy had. Any purchaser of	715
the watercraft or outboard motor, at the time of purchase, may	716
require the seller to indemnify the purchaser and all subsequent	717
purchasers of the watercraft or outboard motor against any loss	718
that the purchaser or any subsequent purchaser may suffer by	719
reason of any claim presented upon the original certificate. In	720
the event of the recovery of the original certificate of title by	721
the owner, the owner shall surrender it immediately to ~~the~~a clerk	722
for cancellation.	723

The holder of a certificate of title for a watercraft or	724
outboard motor upon which is noted an existing lien, encumbrance,	725
or mortgage may apply at any time to a clerk for a memorandum	726
certificate, on a form prescribed by the chief, that is signed and	727
sworn to by the applicant. Upon receipt of the application	728
together with the fee prescribed by section 1548.10 of the Revised	729
Code, and if the application appears to be regular, the clerk	730
shall issue to the applicant a memorandum certificate for the	731
watercraft or outboard motor. If the memorandum certificate is	732
lost or destroyed, the holder of it may obtain a certified copy of	733
it by applying for the copy on a form prescribed by the chief,	734
accompanied by the fee prescribed in section 1548.10 of the	735
Revised Code. In the event of the recovery of the original	736
memorandum certificate by the owner, the owner shall surrender it	737
immediately to a clerk for cancellation. Such a memorandum	738
certificate is not assignable and constitutes no evidence of title	739
or of right to transfer or encumber the watercraft or outboard	740
motor described in it.	741

~~If an electronic certificate of title previously has been~~	742
~~issued for a watercraft or outboard motor, the~~The owner of ~~the~~a	743
watercraft or outboard motor may apply at any time to a clerk for	744
a non-negotiable evidence of ownership for the watercraft or	745
outboard motor.	746

Sec. 1548.141. The chief of the division of watercraft shall	747
enable the public to access watercraft and outboard motor title	748
information via electronic means. No fee shall be charged for this	749
access. The title information that must be so accessible is only	750
the title information that is in an electronic format at the time	751
a person requests this access.	752

The chief,shall establish procedures governing this access.	753
The procedures may be established by rule in accordance with	754
Chapter 119. of the Revised Code~~, shall adopt rules governing this~~	755
~~access~~. In adopting these ~~rules~~procedures, the chief shall confer	756
with the clerks of the courts of common pleas.	757

Access by the public to watercraft and outboard motor title	758
information under this section shall comply with all restrictions	759
contained in the Revised Code and federal law that govern the	760
disclosure of that information.	761

Sec. 1548.20. (A) Chapter 1309. of the Revised Code does	762
not permit or require the deposit, filing, or other record of a	763
security interest covering a watercraft or outboard motor for	764
which a certificate of title is required. Any security agreement	765
covering a security interest in a watercraft or outboard motor, if	766
it is accompanied by delivery of a manufacturer's or importer's	767
certificate and followed by actual and continued possession of	768
that certificate by the holder of the instrument, or, in the case	769
of a certificate of title, if a notation of the security agreement	770
has been made by a clerk of a court of common pleas on the face of	771
the certificate of title or the clerk has entered a notation of	772
the agreement into the automated title processing system and a	773
physical certificate of title for the watercraft or outboard motor	774
has not been issued, shall be valid as against the creditors of	775
the debtor, whether armed with process or not, and against	776
subsequent purchasers, secured parties, and other lienholders or	777
claimants. All security interests, liens, mortgages, and	778
encumbrances entered into the automated title processing system in	779
relation to a particular certificate of title, regardless of	780
whether a physical certificate of title is issued, take priority	781
according to the order of time in which they are entered into the	782
automated title processing system by the clerk. Exposure for sale	783
of any watercraft or outboard motor by its owner, with the	784
knowledge or with the knowledge and consent of the holder of any	785
security interest, lien, mortgage, or encumbrance on the	786
watercraft or outboard motor, shall not render the security	787
interest lien, mortgage, or encumbrance ineffective as against the	788
creditors of the owner or against holders of subsequent security	789
interests, liens, mortgages, or encumbrances upon the watercraft	790
or outboard motor.	791

(B) If a secured party presents evidence of the security	792
interest to a clerk of a court of common pleas together with the	793
certificate of title, if a physical certificate of title for the	794
watercraft or outboard motor exists, and the fee prescribed by	795
section 1548.10 of the Revised Code, the clerk, unless the secured	796
party specifically requests the clerk not to issue a physical	797
certificate of title, shall issue a new original certificate of	798
title from the automated title processing records. The new	799
certificate shall indicate the security interest and the date of	800
the security interest. The clerk also shall note the security	801
interest and its date in the clerk's files and enter that	802
information into the automated title processing system, and on	803
that day shall notify the chief of the division of watercraft. The	804
clerk shall indicate by appropriate notation on the security	805
agreement itself the fact that the security interest has been	806
noted on the certificate of title.	807

(C) If a security interest is fully discharged as a result of	808
its holder's receipt of good funds in the correct amount and if	809
the holder holds a physical certificate of title, the holder shall	810
note the discharge of the security interest over the holder's	811
signature on the face of the certificate of title, or, if there is	812
not sufficient space for the notation on the face of the	813
certificate of title, the holder shall note the discharge over the	814
holder's signature on a form prescribed by the chief. Except as	815
otherwise provided in this section, prior to delivering the	816
certificate of title to the owner, the holder or the holder's	817
agent shall convey the certificate of title or a separate sworn	818
statement of the discharge of the security interest and any	819
additional information the chief requires to a clerk. The	820
conveyance shall occur not more than seven business days after the	821
date good funds in the correct amount to fully discharge the	822
security interest have been credited to an account of the holder,	823
provided the holder has been provided accurate information	824
concerning the watercraft or outboard motor. Conveyance of the	825
certificate of title or separate sworn statement of the discharge	826
within the required seven business days may be indicated by	827
postmark or receipt by a clerk within that period. If the	828
discharge of the security interest appears to be genuine, the	829
clerk shall note the discharge of the security interest on the	830
face of the certificate of title, if it was so conveyed, and note	831
it in the automated title processing system ~~and upon the records~~	832
~~of the clerk~~.	833

If a security interest is fully discharged as a result of its	834
holder's receipt of good funds in the correct amount and the	835
holder does not hold a physical certificate of title, when the	836
holder notifies a clerk of the discharge of its security interest,	837
the holder at that time also may request the clerk to issue a	838
physical certificate of title to the watercraft or outboard motor.	839
The request shall specify whether the clerk is to send the	840
certificate of title directly to the owner or to the holder or the	841
holder's agent for transmission to the owner. If such a request is	842
made, the clerk shall issue a physical certificate of title and	843
send it to the specified person.	844

The clerk shall not honor such a request for a physical	845
certificate of title if it is not made by the holder at the same	846
time as the holder's notification to the clerk of the discharge of	847
its security interest.	848

(D)(1) In all cases, a secured party may choose to present a	849
clerk with evidence of a security interest via electronic means,	850
and the clerk shall enter the security interest into the automated	851
title processing system. A secured party also may choose to notify	852
a clerk of the discharge of its security interest via electronic	853
means, and the clerk shall enter the cancellation into the	854
automated title processing system.	855

(2) In the case of a security interest that is being	856
satisfied by a watercraft dealer to whom a certificate of title is	857
being transferred, the cancellation of the security interest shall	858
occur during the course of the transfer. The dealer shall submit a	859
discharge request to the secured party. A discharge request shall	860
include good funds in the correct amount to fully discharge the	861
security interest and accurate information concerning the	862
watercraft or outboard motor.	863

(3)(a) Upon receiving a discharge request that complies with	864
division (D)(2) of this section, except as otherwise provided in	865
this division, a secured party shall convey the certificate of	866
title, with the discharge of the security interest noted on its	867
face, to the dealer within seven business days after the date good	868
funds in the correct amount to fully discharge the security	869
interest have been credited to an account of the secured party.	870

If a secured party is unable to convey to the dealer a	871
certificate of title within the required seven business days, the	872
secured party instead shall convey to the dealer an affidavit	873
stating that the security interest has been discharged, together	874
with payment for a duplicate certificate of title, within that	875
period.	876

(b) Conveyance of a certificate of title, or affidavit and	877
required payment, from a secured party to a dealer under the	878
circumstances described in division (D)(3)(a) of this section	879
within the required seven business days may be indicated by a	880
postmark within that period.	881

(4) A secured party is liable to a dealer for a late fee of	882
ten dollars per day for each certificate of title, or affidavit	883
and required payment, conveyed to the dealer more than seven	884
business days but less than twenty-one days after the date	885
specified in division (D)(3)(a) of this section and, from then on,	886
twenty-five dollars per day until the certificate of title, or	887
affidavit and required payment, are conveyed to the dealer.	888

(E) If a physical certificate of title has not been issued	889
for a watercraft or outboard motor and all the security interests	890
relating to that watercraft or outboard motor have been	891
discharged, the owner of the watercraft or outboard motor may	892
obtain a physical certificate of title from the clerk of any court	893
of common pleas upon payment of the fee specified in section	894
1548.10 of the Revised Code.	895

(F) If a clerk of a court of common pleas, other than the	896
clerk of the court of common pleas of the county in which the	897
owner of a watercraft or outboard motor resides, enters a notation	898
of the existence of, or the cancellation of, a security interest	899
relating to the watercraft or outboard motor, the clerk shall	900
transmit the data relating to the notation to the automated title	901
processing system.	902

(G) The electronic transmission of security interest and	903
other information under this section shall comply with rules	904
adopted by the registrar of motor vehicles under section 4505.13	905
of the Revised Code.	906

(H) As used in this section:

907

(1) "Accurate information" means the serial number of the	908
watercraft or outboard motor, if any; the make and model of the	909
watercraft or outboard motor; and the name and address of the	910
owner of the watercraft or outboard motor as they appear on the	911
certificate of title that is to be conveyed.	912

(2) "Good funds" has the same meaning as in section 4505.13	913
of the Revised Code.	914

(3) "Watercraft dealer" has the same meaning as in section	915
1547.01 of the Revised Code.	916

Sec. 2935.27. (A)(1) If a law enforcement officer issues a	917
citation to a person pursuant to section 2935.26 of the Revised	918
Code and if the minor misdemeanor offense for which the citation	919
is issued is an act prohibited by Chapter 4511., 4513., or 4549.	920
of the Revised Code or an act prohibited by any municipal	921
ordinance that is substantially similar to any section contained	922
in Chapter 4511., 4513., or 4549. of the Revised Code, the officer	923
shall inform the person, if the person has a current valid Ohio	924
driver's or commercial driver's license, of the possible	925
consequences of the person's actions as required under division	926
(E) of this section, and also shall inform the person that the	927
person is required either to appear at the time and place stated	928
in the citation or to comply with division (C) of section 2935.26	929
of the Revised Code.	930

(2) If the person is an Ohio resident but does not have a	931
current valid Ohio driver's or commercial driver's license or if	932
the person is a resident of a state that is not a member of the	933
nonresident violator compact of which this state is a member	934
pursuant to section 4510.71 of the Revised Code, and if the court,	935
by local rule, has prescribed a procedure for the setting of a	936
reasonable security pursuant to division (F) of this section,	937
security shall be set in accordance with that local rule and that	938
division.	939

A court by local rule may prescribe a procedure for the	940
setting of reasonable security as described in this division. As	941
an alternative to this procedure, a court by local rule may	942
prescribe a procedure for the setting of a reasonable security by	943
the person without the person appearing before the court.	944

(B) A person who has security set under division (A)(2) of	945
this section shall be given a receipt or other evidence of the	946
deposit of the security by the court.	947

(C) Upon compliance with division (C) of section 2935.26 of	948
the Revised Code by a person who was issued a citation, the clerk	949
of the court shall notify the court. The court shall immediately	950
return any sum of money, license, or other security deposited in	951
relation to the citation to the person, or to any other person who	952
deposited the security.	953

(D) If a person who has a current valid Ohio driver's or	954
commercial driver's license and who was issued a citation fails to	955
appear at the time and place specified on the citation, fails to	956
comply with division (C) of section 2935.26 of the Revised Code,	957
or fails to comply with or satisfy any judgment of the court	958
within the time allowed by the court, the court shall declare the	959
~~suspension~~forfeiture of the person's license. Thirty days after	960
the declaration of forfeiture, the court shall enter information	961
relative to the ~~suspension~~forfeiture on a form approved and	962
furnished by the registrar of motor vehicles, and forward the form	963
to the registrar. The registrar shall suspend the person's	964
driver's or commercial driver's license, send written notification	965
of the suspension to the person at the person's last known	966
address, and order the person to surrender the person's driver's	967
or commercial driver's license to the registrar within forty-eight	968
hours. No valid driver's or commercial driver's license shall be	969
granted to the person until the court having jurisdiction of the	970
offense that led to the ~~suspension~~forfeiture orders that the	971
~~suspension~~forfeiture be terminated. The court shall so order if	972
the person, after having failed to appear in court at the required	973
time and place to answer the charge or after having pleaded guilty	974
to or been found guilty of the violation and having failed within	975
the time allowed by the court to pay the fine imposed by the	976
court, thereafter appears to answer the charge and pays any fine	977
imposed by the court or pays the fine originally imposed by the	978
court. The court shall inform the registrar of the termination of	979
the ~~suspension~~forfeiture by entering information relative to the	980
termination on a form approved and furnished by the registrar and	981
sending the form to the registrar as provided in this division.	982
The person shall pay to the bureau of motor vehicles a	983
fifteen-dollar ~~processing~~reinstatement fee to cover the costs of	984
the bureau in administering this section. The registrar shall	985
deposit the fees so paid into the state bureau of motor vehicles	986
fund created by section 4501.25 of the Revised Code.	987

In addition, upon receipt of the copy of the declaration of	988
~~suspension~~forfeiture from the court, neither the registrar nor	989
any deputy registrar shall accept any application for the	990
registration or transfer of registration of any motor vehicle	991
owned or leased by the person named in the declaration of	992
~~suspension~~forfeiture until the court having jurisdiction of the	993
offense that led to the ~~suspension~~forfeiture orders that the	994
~~suspension~~forfeiture be terminated. However, for a motor vehicle	995
leased by a person named in a declaration of ~~suspension~~	996
forfeiture, the registrar shall not implement the preceding	997
sentence until the registrar adopts procedures for that	998
implementation under section 4503.39 of the Revised Code. Upon	999
receipt by the registrar of an order terminating the ~~suspension~~	1000
forfeiture, the registrar shall take such measures as may be	1001
necessary to permit the person to register a motor vehicle owned	1002
or leased by the person or to transfer the registration of such a	1003
motor vehicle, if the person later makes application to take such	1004
action and the person otherwise is eligible to register the motor	1005
vehicle or to transfer the registration of it.	1006

The registrar is not required to give effect to any	1007
declaration of ~~suspension~~forfeiture or order terminating a	1008
~~suspension~~forfeiture unless the order is transmitted to the	1009
registrar by means of an electronic transfer system. The registrar	1010
shall not restore the person's driving or vehicle registration	1011
privileges until the person pays the reinstatement fee as provided	1012
in this division.	1013

If the person who was issued the citation fails to appear at	1014
the time and place specified on the citation and fails to comply	1015
with division (C) of section 2935.26 of the Revised Code and the	1016
person has deposited a sum of money or other security in relation	1017
to the citation under division (A)(2) of this section, the deposit	1018
immediately shall be forfeited to the court.	1019

This section does not preclude further action as authorized	1020
by division (F) of section 2935.26 of the Revised Code.	1021

(E) A law enforcement officer who issues a person a minor	1022
misdemeanor citation for an act prohibited by Chapter 4511.,	1023
4513., or 4549. of the Revised Code or an act prohibited by a	1024
municipal ordinance that is substantially similar to any section	1025
contained in Chapter 4511., 4513., or 4549. of the Revised Code	1026
shall inform the person that if the person does not appear at the	1027
time and place stated on the citation or does not comply with	1028
division (C) of section 2935.26 of the Revised Code, the person's	1029
driver's or commercial driver's license will be suspended, the	1030
person will not be eligible for the reissuance of the license or	1031
the issuance of a new license or the issuance of a certificate of	1032
registration for a motor vehicle owned or leased by the person,	1033
until the person appears and complies with all orders of the	1034
court. The person also is subject to any applicable criminal	1035
penalties.	1036

(F) A court setting security under division (A)(2) of this	1037
section shall do so in conformity with sections 2937.22 and	1038
2937.23 of the Revised Code and the Rules of Criminal Procedure.	1039

Sec. 2937.221. (A) A person arrested without warrant for any	1040
violation listed in division (B) of this section, and having a	1041
current valid Ohio driver's or commercial driver's license, if the	1042
person has been notified of the possible consequences of the	1043
person's actions as required by division (C) of this section, may	1044
post bond by depositing the license with the arresting officer if	1045
the officer and person so choose, or with the local court having	1046
jurisdiction if the court and person so choose. The license may be	1047
used as bond only during the period for which it is valid.	1048

When an arresting officer accepts the driver's or commercial	1049
driver's license as bond, the officer shall note the date, time,	1050
and place of the court appearance on "the violator's notice to	1051
appear," and the notice shall serve as a valid Ohio driver's or	1052
commercial driver's license until the date and time appearing	1053
thereon. The arresting officer immediately shall forward the	1054
license to the appropriate court.	1055

When a local court accepts the license as bond or continues	1056
the case to another date and time, it shall provide the person	1057
with a card in a form approved by the registrar of motor vehicles	1058
setting forth the license number, name, address, the date and time	1059
of the court appearance, and a statement that the license is being	1060
held as bond. The card shall serve as a valid license until the	1061
date and time contained in the card.	1062

The court may accept other bond at any time and return the	1063
license to the person. The court shall return the license to the	1064
person when judgment is satisfied, including, but not limited to,	1065
compliance with any court orders, unless a suspension or	1066
cancellation is part of the penalty imposed.	1067

Neither "the violator's notice to appear" nor a court-	1068
granted card shall continue driving privileges beyond the	1069
expiration date of the license.	1070

If the person arrested fails to appear in court at the date	1071
and time set by the court or fails to satisfy the judgment of the	1072
court, including, but not limited to, compliance with all court	1073
orders within the time allowed by the court, the court may ~~impose~~	1074
~~a class seven suspension~~declare the forfeiture of the person's	1075
license ~~from the range specified in division (A)(7) of section~~	1076
~~4510.02 of the Revised Code~~. Thirty days after the ~~suspension~~	1077
declaration of the forfeiture, the court shall forward the	1078
person's license to the registrar. The court also shall enter	1079
information relative to the ~~suspension~~forfeiture on a form	1080
approved and furnished by the registrar and send the form to the	1081
registrar~~, and the~~. The registrar shall suspend the person's	1082
license and send written notification of the suspension to the	1083
person at the person's last known address. No valid driver's or	1084
commercial driver's license shall be granted to the person until	1085
the ~~expiration of the period of the suspension or, prior to the~~	1086
~~expiration of that period, the~~ court having jurisdiction orders	1087
that the ~~suspension is~~forfeiture be terminated. ~~If the court~~	1088
~~terminates the suspension, the~~The court shall inform the	1089
registrar of the termination of the forfeiture by entering	1090
information relative to the termination on a form approved and	1091
furnished by the registrar and sending the form to the registrar.	1092
Upon the ~~expiration or~~ termination ~~of the suspension~~, the person	1093
shall pay to the bureau of motor vehicles a ~~processing~~	1094
reinstatement fee of fifteen dollars to cover the costs of the	1095
bureau in administering this section. The registrar shall deposit	1096
the fees so paid into the state bureau of motor vehicles fund	1097
created by section 4501.25 of the Revised Code.	1098

In addition, upon receipt from the court of the copy of the	1099
~~suspension~~declaration of forfeiture, neither the registrar nor	1100
any deputy registrar shall accept any application for the	1101
registration or transfer of registration of any motor vehicle	1102
owned by or leased in the name of the person named in the	1103
~~suspension~~declaration of forfeiture until the ~~expiration of the~~	1104
~~period of the suspension or, prior to the expiration of that~~	1105
~~period, the~~ court having jurisdiction over the offense that led to	1106
the suspension issues an order terminating the ~~suspension~~	1107
forfeiture. However, for a motor vehicle leased in the name of a	1108
person named in a ~~suspension~~declaration of forfeiture, the	1109
registrar shall not implement the preceding sentence until the	1110
registrar adopts procedures for that implementation under section	1111
4503.39 of the Revised Code. Upon ~~the expiration of the suspension~~	1112
~~or upon~~ receipt by the registrar of such an order ~~terminating the~~	1113
~~suspension~~, the registrar also shall take the measures necessary	1114
to permit the person to register a motor vehicle the person owns	1115
or leases or to transfer the registration of a motor vehicle the	1116
person owns or leases if the person later makes a proper	1117
application and otherwise is eligible to be issued or to transfer	1118
a motor vehicle registration.	1119

(B) Division (A) of this section applies to persons arrested	1120
for violation of:	1121

(1) Any of the provisions of Chapter 4511. or 4513. of the	1122
Revised Code, except sections 4511.19, 4511.20, 4511.251, and	1123
4513.36 of the Revised Code;	1124

(2) Any municipal ordinance substantially similar to a	1125
section included in division (B)(1) of this section;	1126

(3) Any bylaw, rule, or regulation of the Ohio turnpike	1127
commission substantially similar to a section included in division	1128
(B)(1) of this section.	1129

Division (A) of this section does not apply to those persons	1130
issued a citation for the commission of a minor misdemeanor under	1131
section 2935.26 of the Revised Code.	1132

(C) No license shall be accepted as bond by an arresting	1133
officer or by a court under this section until the officer or	1134
court has notified the person that, if the person deposits the	1135
license with the officer or court and either does not appear on	1136
the date and at the time set by the officer or the court, if the	1137
court sets a time, or does not satisfy any judgment rendered,	1138
including, but not limited to, compliance with all court orders,	1139
the license will be suspended, and the person will not be eligible	1140
for reissuance of the license or issuance of a new license, or the	1141
issuance of a certificate of registration for a motor vehicle	1142
owned or leased by the person until the person appears and	1143
complies with any order issued by the court. The person also is	1144
subject to any criminal penalties that may apply to the person.	1145

(D) The registrar shall not restore the person's driving or	1146
vehicle registration privileges until the person pays the	1147
reinstatement fee as provided in this section.	1148

Sec. 3937.41. (A) As used in this section:

1149

(1) "Ambulance" has the same meaning as in section 4765.01 of	1150
the Revised Code and also includes private ambulance companies	1151
under contract to a municipal corporation, township, or county.	1152

(2) "Emergency vehicle" means any of the following:

1153

(a) Any vehicle, as defined in section 4511.01 of the Revised	1154
Code, that is an emergency vehicle of a municipal, township, or	1155
county department or public utility corporation and that is	1156
identified as such as required by law, the director of public	1157
safety, or local authorities;	1158

(b) Any motor vehicle, as defined in section 4511.01 of the	1159
Revised Code, when commandeered by a police officer;	1160

(c) Any vehicle, as defined in section 4511.01 of the Revised	1161
Code, that is an emergency vehicle of a qualified nonprofit	1162
corporation police department established pursuant to section	1163
1702.80 of the Revised Code and that is identified as an emergency	1164
vehicle;	1165

(d) Any vehicle, as defined in section 4511.01 of the Revised	1166
Code, that is an emergency vehicle of a proprietary police	1167
department or security department of a hospital operated by a	1168
public hospital agency or a nonprofit hospital agency that employs	1169
police officers under section 4973.17 of the Revised Code, and	1170
that is identified as an emergency vehicle.	1171

(3) "Firefighter" means any regular, paid, member of a	1172
lawfully constituted fire department of a municipal corporation or	1173
township.	1174

(4) "Law enforcement officer" means a sheriff, deputy	1175
sheriff, constable, marshal, deputy marshal, municipal or township	1176
police officer, state highway patrol trooper, police officer	1177
employed by a qualified nonprofit police department pursuant to	1178
section 1702.80 of the Revised Code, or police officer employed by	1179
a proprietary police department or security department of a	1180
hospital operated by a public hospital agency or nonprofit	1181
hospital agency pursuant to section 4973.17 of the Revised Code.	1182

(5) "Motor vehicle accident" means any accident involving a	1183
motor vehicle which results in bodily injury to any person, or	1184
damage to the property of any person.	1185

(B) No insurer shall consider the circumstance that an	1186
applicant or policyholder has been involved in a motor vehicle	1187
accident while in the pursuit of the applicant's or policyholder's	1188
official duties as a law enforcement officer, firefighter, or	1189
operator of an emergency vehicle or ambulance, while operating a	1190
vehicle engaged in mowing or snow and ice removal as a county,	1191
township, or department of transportation employee, or while	1192
operating a vehicle while engaged in the pursuit of the	1193
applicant's or policyholder's official duties as a member of the	1194
~~commercial~~ motor ~~vehicle safety~~carrier enforcement unit of the	1195
state highway patrol under section 5503.34 of the Revised Code, as	1196
a basis for doing either of the following:	1197

(1) Refusing to issue or deliver a policy of insurance upon a	1198
private automobile, or increasing the rate to be charged for such	1199
a policy;	1200

(2) Increasing the premium rate, canceling, or failing to	1201
renew an existing policy of insurance upon a private automobile.	1202

(C) Any applicant or policyholder affected by an action of an	1203
insurer in violation of this section may appeal to the	1204
superintendent of insurance. After a hearing held upon not less	1205
than ten days' notice to the applicant or policyholder and to the	1206
insurer and if the superintendent determines that the insurer has	1207
violated this section, the superintendent may direct the issuance	1208
of a policy, decrease the premium rate on a policy, or reinstate	1209
insurance coverage.	1210

(D) The employer of the law enforcement officer, firefighter,	1211
or operator of an emergency vehicle or ambulance, operator of a	1212
vehicle engaged in mowing or snow and ice removal, or operator of	1213
a vehicle who is a member of the ~~commercial~~ motor ~~vehicle safety~~	1214
carrier enforcement unit, except as otherwise provided in division	1215
(F) of this section, shall certify to the state highway patrol or	1216
law enforcement agency that investigates the accident whether the	1217
officer, firefighter, or operator of an emergency vehicle or	1218
ambulance, operator of a vehicle engaged in mowing or snow and ice	1219
removal, or operator of a vehicle who is a member of the	1220
~~commercial~~ motor ~~vehicle safety~~carrier enforcement unit, was	1221
engaged in the performance of the person's official duties as such	1222
employee at the time of the accident. The employer shall designate	1223
an official authorized to make the certifications. The state	1224
highway patrol or law enforcement agency shall include the	1225
certification in any report of the accident forwarded to the	1226
department of public safety pursuant to sections 5502.11 and	1227
5502.12 of the Revised Code and shall forward the certification to	1228
the department if received after the report of the accident has	1229
been forwarded to the department. The registrar of motor vehicles	1230
shall not include an accident in a certified abstract of	1231
information under division (A) of section 4509.05 of the Revised	1232
Code, if the person involved has been so certified as having been	1233
engaged in the performance of the person's official duties at the	1234
time of the accident.	1235

(E) Division (B) of this section does not apply to an insurer	1236
whose policy covers the motor vehicle at the time the motor	1237
vehicle is involved in an accident described in division (B) of	1238
this section.	1239

(F) Division (B) of this section does not apply if an	1240
applicant or policyholder, on the basis of the applicant's or	1241
policyholder's involvement in an accident described in that	1242
division, is convicted of or pleads guilty or no contest to a	1243
violation of section 4511.19 of the Revised Code; of a municipal	1244
ordinance relating to operating a vehicle while under the	1245
influence of alcohol, a drug of abuse, or alcohol and a drug of	1246
abuse; or of a municipal ordinance relating to operating a vehicle	1247
with a prohibited concentration of alcohol in the blood, breath,	1248
or urine, or other bodily substance.	1249

Sec. 3937.43. (A) As used in this section:

1250

(1) "Automobile insurance policies" has the same meaning as	1251
in section 3937.30 of the Revised Code.	1252

(2) "Moving violation" means any violation of any statute or	1253
ordinance that regulates the operation of vehicles, streetcars, or	1254
trackless trolleys on highways or streets or that regulates size	1255
or load limitations or fitness requirements of vehicles. "Moving	1256
violation" does not include the violation of any statute or	1257
ordinance that regulates pedestrians or the parking of vehicles.	1258

(3) "Community control sanction" has the same meaning as in	1259
section 2929.01 of the Revised Code.	1260

(B) Every rating plan or schedule of rates for automobile	1261
insurance policies that is filed with the superintendent of	1262
insurance shall provide for an appropriate reduction in premium	1263
charges for any insured or applicant for insurance under the	1264
following conditions:	1265

(1) The applicant or insured is sixty years of age or older;

1266

(2) The applicant or insured successfully completes a motor	1267
vehicle accident prevention course, which includes classroom	1268
instruction and the passing of an examination in accordance with	1269
both of the following:	1270

(a) The ~~state highway patrol~~department of public safety	1271
shall approve the course and the examination. However, the ~~state~~	1272
~~highway patrol~~department shall not approve any correspondence	1273
course or any other course that does not provide classroom	1274
instruction.	1275

(b) The examination shall include an actual demonstration of	1276
the applicant's or insured's ability to exercise ordinary and	1277
reasonable control in the operation of a motor vehicle.	1278

(3) The applicant or insured submits to the insurer a	1279
certificate that is issued by the sponsor of the motor vehicle	1280
accident prevention course and attests to the successful	1281
completion of the course by the applicant or insured;	1282

(4) The insurer may consider the driving record of the	1283
applicant or insured in accordance with divisions (C) and (D) of	1284
this section.	1285

(C) In determining whether to grant a reduction in premium	1286
charges in accordance with this section, the insurer may consider	1287
the driving record of the insured or applicant for a three-year	1288
period prior to the successful completion of a motor vehicle	1289
accident prevention course.	1290

(D)(1) Subject to division (D)(2) of this section, every	1291
reduction in premium charges granted in accordance with this	1292
section shall be effective for an insured for a three-year period	1293
after each successful completion of a motor vehicle accident	1294
prevention course.	1295

(2) As a condition of maintaining a reduction in premium	1296
charges granted in accordance with this section, an insurer may	1297
require that the insured, during the three-year period for which	1298
the reduction has been granted, neither be involved in an accident	1299
for which the insured is primarily at fault, nor be convicted of	1300
more than one moving violation.	1301

(E) A reduction in premium charges granted in accordance with	1302
this section shall not become effective until the first full term	1303
of coverage following the successful completion of a motor vehicle	1304
accident prevention course in accordance with division (B) of this	1305
section.	1306

(F) The ~~superintendent~~director of the ~~state highway patrol~~	1307
department of public safety shall adopt rules in accordance with	1308
Chapter 119. of the Revised Code that are necessary to carry out	1309
the duties of the ~~state highway patrol~~department under this	1310
section.	1311

(G) This section does not apply to any automobile insurance	1312
policy issued under an assigned risk plan pursuant to section	1313
4509.70 of the Revised Code.	1314

(H) This section does not apply to circumstances in which the	1315
motor vehicle accident prevention course is required by a court as	1316
a condition of a community control sanction imposed for a moving	1317
violation.	1318

Sec. 3937.45. (A) No insurer shall consider the circumstance	1319
that an applicant or policyholder has been convicted of any	1320
violation of the weight provisions of Chapter 5577. of the Revised	1321
Code, or a substantially similar municipal ordinance relating to	1322
vehicle weight as a basis for doing either of the following:	1323

(1) Refusing to issue or deliver a policy of insurance upon a	1324
private automobile, or increasing the rate to be charged for such	1325
a policy;	1326

(2) Increasing the premium rate, canceling, or failing to	1327
renew an existing policy of insurance upon a private automobile.	1328

(B) Any applicant or policyholder affected by an action of an	1329
insurer in violation of division (A) of this section may appeal to	1330
the superintendent of insurance. After a hearing held upon not	1331
less than ten days' notice to the applicant or policyholder and to	1332
the insurer and ~~if he determines~~after determining that the	1333
insurer has violated this section, the superintendent may direct	1334
the issuance of a policy, decrease the premium rate on a policy,	1335
or reinstate insurance coverage.	1336

(C) The registrar shall not include the conviction for a	1337
violation of the weight provisions of Chapter 5577. of the Revised	1338
Code, or a substantially similar municipal ordinance relating to	1339
vehicle weight as part of the driver's or operator's permanent	1340
record and shall not include the conviction in a certified	1341
abstract of information under division ~~(B)~~(A) of section 4509.05	1342
of the Revised Code.	1343

(D) Division (A) of this section does not apply to an insurer	1344
whose policy covers the vehicle, trackless trolley, load, object,	1345
or structure operated or moved upon improved public highways,	1346
streets, bridges, or culverts in violation of the weight	1347
provisions of Chapter 5577. of the Revised Code, or a	1348
substantially similar municipal ordinance relating to vehicle	1349
weight.	1350

Sec. 4501.01. As used in this chapter and Chapters 4503.,	1351
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	1352
Revised Code, and in the penal laws, except as otherwise provided:	1353

(A) "Vehicles" means everything on wheels or runners,	1354
including motorized bicycles, but does not mean electric personal	1355
assistive mobility devices, vehicles that are operated exclusively	1356
on rails or tracks or from overhead electric trolley wires, and	1357
vehicles that belong to any police department, municipal fire	1358
department, or volunteer fire department, or that are used by such	1359
a department in the discharge of its functions.	1360

(B) "Motor vehicle" means any vehicle, including mobile homes	1361
and recreational vehicles, that is propelled or drawn by power	1362
other than muscular power or power collected from overhead	1363
electric trolley wires. "Motor vehicle" does not include motorized	1364
bicycles, road rollers, traction engines, power shovels, power	1365
cranes, and other equipment used in construction work and not	1366
designed for or employed in general highway transportation,	1367
well-drilling machinery, ditch-digging machinery, farm machinery,	1368
trailers that are used to transport agricultural produce or	1369
agricultural production materials between a local place of storage	1370
or supply and the farm when drawn or towed on a public road or	1371
highway at a speed of twenty-five miles per hour or less,	1372
threshing machinery, hay-baling machinery, corn sheller,	1373
hammermill and agricultural tractors, machinery used in the	1374
production of horticultural, agricultural, and vegetable products,	1375
and trailers that are designed and used exclusively to transport a	1376
boat between a place of storage and a marina, or in and around a	1377
marina, when drawn or towed on a public road or highway for a	1378
distance of no more than ten miles and at a speed of twenty-five	1379
miles per hour or less.	1380

(C) "Agricultural tractor" and "traction engine" mean any	1381
self-propelling vehicle that is designed or used for drawing other	1382
vehicles or wheeled machinery, but has no provisions for carrying	1383
loads independently of such other vehicles, and that is used	1384
principally for agricultural purposes.	1385

(D) "Commercial tractor," except as defined in division (C)	1386
of this section, means any motor vehicle that has motive power and	1387
either is designed or used for drawing other motor vehicles, or is	1388
designed or used for drawing another motor vehicle while carrying	1389
a portion of the other motor vehicle or its load, or both.	1390

(E) "Passenger car" means any motor vehicle that is designed	1391
and used for carrying not more than nine persons and includes any	1392
motor vehicle that is designed and used for carrying not more than	1393
fifteen persons in a ridesharing arrangement.	1394

(F) "Collector's vehicle" means any motor vehicle or	1395
agricultural tractor or traction engine that is of special	1396
interest, that has a fair market value of one hundred dollars or	1397
more, whether operable or not, and that is owned, operated,	1398
collected, preserved, restored, maintained, or used essentially as	1399
a collector's item, leisure pursuit, or investment, but not as the	1400
owner's principal means of transportation. "Licensed collector's	1401
vehicle" means a collector's vehicle, other than an agricultural	1402
tractor or traction engine, that displays current, valid license	1403
tags issued under section 4503.45 of the Revised Code, or a	1404
similar type of motor vehicle that displays current, valid license	1405
tags issued under substantially equivalent provisions in the laws	1406
of other states.	1407

(G) "Historical motor vehicle" means any motor vehicle that	1408
is over twenty-five years old and is owned solely as a collector's	1409
item and for participation in club activities, exhibitions, tours,	1410
parades, and similar uses, but that in no event is used for	1411
general transportation.	1412

(H) "Noncommercial motor vehicle" means any motor vehicle,	1413
including a farm truck as defined in section 4503.04 of the	1414
Revised Code, that is designed by the manufacturer to carry a load	1415
of no more than one ton and is used exclusively for purposes other	1416
than engaging in business for profit.	1417

(I) "Bus" means any motor vehicle that has motor power and is	1418
designed and used for carrying more than nine passengers, except	1419
any motor vehicle that is designed and used for carrying not more	1420
than fifteen passengers in a ridesharing arrangement.	1421

(J) "Commercial car" or "truck" means any motor vehicle that	1422
has motor power and is designed and used for carrying merchandise	1423
or freight, or that is used as a commercial tractor.	1424

(K) "Bicycle" means every device, other than a tricycle that	1425
is designed solely for use as a play vehicle by a child, that is	1426
propelled solely by human power upon which any person may ride,	1427
and that has either two tandem wheels, or one wheel in front and	1428
two wheels in the rear, any of which is more than fourteen inches	1429
in diameter.	1430

(L) "Motorized bicycle" means any vehicle that either has two	1431
tandem wheels or one wheel in the front and two wheels in the	1432
rear, that is capable of being pedaled, and that is equipped with	1433
a helper motor of not more than fifty cubic centimeters piston	1434
displacement that produces no more than one brake horsepower and	1435
is capable of propelling the vehicle at a speed of no greater than	1436
twenty miles per hour on a level surface.	1437

(M) "Trailer" means any vehicle without motive power that is	1438
designed or used for carrying property or persons wholly on its	1439
own structure and for being drawn by a motor vehicle, and includes	1440
any such vehicle that is formed by or operated as a combination of	1441
a semitrailer and a vehicle of the dolly type such as that	1442
commonly known as a trailer dolly, a vehicle used to transport	1443
agricultural produce or agricultural production materials between	1444
a local place of storage or supply and the farm when drawn or	1445
towed on a public road or highway at a speed greater than	1446
twenty-five miles per hour, and a vehicle that is designed and	1447
used exclusively to transport a boat between a place of storage	1448
and a marina, or in and around a marina, when drawn or towed on a	1449
public road or highway for a distance of more than ten miles or at	1450
a speed of more than twenty-five miles per hour. "Trailer" does	1451
not include a manufactured home or travel trailer.	1452

(N) "Noncommercial trailer" means any trailer, except a	1453
travel trailer or trailer that is used to transport a boat as	1454
described in division (B) of this section, but, where applicable,	1455
includes a vehicle that is used to transport a boat as described	1456
in division (M) of this section, that has a gross weight of no	1457
more than three thousand pounds, and that is used exclusively for	1458
purposes other than engaging in business for a profit.	1459

(O) "Mobile home" means a building unit or assembly of closed	1460
construction that is fabricated in an off-site facility, is more	1461
than thirty-five body feet in length or, when erected on site, is	1462
three hundred twenty or more square feet, is built on a permanent	1463
chassis, is transportable in one or more sections, and does not	1464
qualify as a manufactured home as defined in division (C)(4) of	1465
section 3781.06 of the Revised Code or as an industrialized unit	1466
as defined in division (C)(3) of section 3781.06 of the Revised	1467
Code.	1468

(P) "Semitrailer" means any vehicle of the trailer type that	1469
does not have motive power and is so designed or used with another	1470
and separate motor vehicle that in operation a part of its own	1471
weight or that of its load, or both, rests upon and is carried by	1472
the other vehicle furnishing the motive power for propelling	1473
itself and the vehicle referred to in this division, and includes,	1474
for the purpose only of registration and taxation under those	1475
chapters, any vehicle of the dolly type, such as a trailer dolly,	1476
that is designed or used for the conversion of a semitrailer into	1477
a trailer.	1478

(Q) "Recreational vehicle" means a vehicular portable	1479
structure that meets all of the following conditions:	1480

(1) It is designed for the sole purpose of recreational	1481
travel.	1482

(2) It is not used for the purpose of engaging in business	1483
for profit.	1484

(3) It is not used for the purpose of engaging in intrastate	1485
commerce.	1486

(4) It is not used for the purpose of commerce as defined in	1487
49 C.F.R. 383.5, as amended.	1488

(5) It is not regulated by the public utilities commission	1489
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.	1490

(6) It is classed as one of the following:

1491

(a) "Travel trailer" means a nonself-propelled recreational	1492
vehicle that does not exceed an overall length of thirty-five	1493
feet, exclusive of bumper and tongue or coupling, and contains	1494
less than three hundred twenty square feet of space when erected	1495
on site. "Travel trailer" includes a tent-type fold-out camping	1496
trailer as defined in section 4517.01 of the Revised Code.	1497

(b) "Motor home" means a self-propelled recreational vehicle	1498
that has no fifth wheel and is constructed with permanently	1499
installed facilities for cold storage, cooking and consuming of	1500
food, and for sleeping.	1501

(c) "Truck camper" means a nonself-propelled recreational	1502
vehicle that does not have wheels for road use and is designed to	1503
be placed upon and attached to a motor vehicle. "Truck camper"	1504
does not include truck covers that consist of walls and a roof,	1505
but do not have floors and facilities enabling them to be used as	1506
a dwelling.	1507

(d) "Fifth wheel trailer" means a vehicle that is of such	1508
size and weight as to be movable without a special highway permit,	1509
that has a gross trailer area of four hundred square feet or less,	1510
that is constructed with a raised forward section that allows a	1511
bi-level floor plan, and that is designed to be towed by a vehicle	1512
equipped with a fifth-wheel hitch ordinarily installed in the bed	1513
of a truck.	1514

(e) "Park trailer" means a vehicle that is commonly known as	1515
a park model recreational vehicle, meets the American national	1516
standard institute standard A119.5 (1988) for park trailers, is	1517
built on a single chassis, has a gross trailer area of four	1518
hundred square feet or less when set up, is designed for seasonal	1519
or temporary living quarters, and may be connected to utilities	1520
necessary for the operation of installed features and appliances.	1521

(R) "Pneumatic tires" means tires of rubber and fabric or	1522
tires of similar material, that are inflated with air.	1523

(S) "Solid tires" means tires of rubber or similar elastic	1524
material that are not dependent upon confined air for support of	1525
the load.	1526

(T) "Solid tire vehicle" means any vehicle that is equipped	1527
with two or more solid tires.	1528

(U) "Farm machinery" means all machines and tools that are	1529
used in the production, harvesting, and care of farm products, and	1530
includes trailers that are used to transport agricultural produce	1531
or agricultural production materials between a local place of	1532
storage or supply and the farm when drawn or towed on a public	1533
road or highway at a speed of twenty-five miles per hour or less.	1534

(V) "Owner" includes any person or firm, other than a	1535
manufacturer or dealer, that has title to a motor vehicle, except	1536
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	1537
includes in addition manufacturers and dealers.	1538

(W) "Manufacturer" and "dealer" include all persons and firms	1539
that are regularly engaged in the business of manufacturing,	1540
selling, displaying, offering for sale, or dealing in motor	1541
vehicles, at an established place of business that is used	1542
exclusively for the purpose of manufacturing, selling, displaying,	1543
offering for sale, or dealing in motor vehicles. A place of	1544
business that is used for manufacturing, selling, displaying,	1545
offering for sale, or dealing in motor vehicles shall be deemed to	1546
be used exclusively for those purposes even though snowmobiles or	1547
all-purpose vehicles are sold or displayed for sale thereat, even	1548
though farm machinery is sold or displayed for sale thereat, or	1549
even though repair, accessory, gasoline and oil, storage, parts,	1550
service, or paint departments are maintained thereat, or, in any	1551
county having a population of less than seventy-five thousand at	1552
the last federal census, even though a department in a place of	1553
business is used to dismantle, salvage, or rebuild motor vehicles	1554
by means of used parts, if such departments are operated for the	1555
purpose of furthering and assisting in the business of	1556
manufacturing, selling, displaying, offering for sale, or dealing	1557
in motor vehicles. Places of business or departments in a place of	1558
business used to dismantle, salvage, or rebuild motor vehicles by	1559
means of using used parts are not considered as being maintained	1560
for the purpose of assisting or furthering the manufacturing,	1561
selling, displaying, and offering for sale or dealing in motor	1562
vehicles.	1563

(X) "Operator" includes any person who drives or operates a	1564
motor vehicle upon the public highways.	1565

(Y) "Chauffeur" means any operator who operates a motor	1566
vehicle, other than a taxicab, as an employee for hire; or any	1567
operator whether or not the owner of a motor vehicle, other than a	1568
taxicab, who operates such vehicle for transporting, for gain,	1569
compensation, or profit, either persons or property owned by	1570
another. Any operator of a motor vehicle who is voluntarily	1571
involved in a ridesharing arrangement is not considered an	1572
employee for hire or operating such vehicle for gain,	1573
compensation, or profit.	1574

(Z) "State" includes the territories and federal districts of	1575
the United States, and the provinces of Canada.	1576

(AA) "Public roads and highways" for vehicles includes all	1577
public thoroughfares, bridges, and culverts.	1578

(BB) "Manufacturer's number" means the manufacturer's	1579
original serial number that is affixed to or imprinted upon the	1580
chassis or other part of the motor vehicle.	1581

(CC) "Motor number" means the manufacturer's original number	1582
that is affixed to or imprinted upon the engine or motor of the	1583
vehicle.	1584

(DD) "Distributor" means any person who is authorized by a	1585
motor vehicle manufacturer to distribute new motor vehicles to	1586
licensed motor vehicle dealers at an established place of business	1587
that is used exclusively for the purpose of distributing new motor	1588
vehicles to licensed motor vehicle dealers, except when the	1589
distributor also is a new motor vehicle dealer, in which case the	1590
distributor may distribute at the location of the distributor's	1591
licensed dealership.	1592

(EE) "Ridesharing arrangement" means the transportation of	1593
persons in a motor vehicle where the transportation is incidental	1594
to another purpose of a volunteer driver and includes ridesharing	1595
arrangements known as carpools, vanpools, and buspools.	1596

(FF) "Apportionable vehicle" means any vehicle that is used	1597
or intended for use in two or more international registration plan	1598
member jurisdictions that allocate or proportionally register	1599
vehicles, that is used for the transportation of persons for hire	1600
or designed, used, or maintained primarily for the transportation	1601
of property, and that meets any of the following qualifications:	1602

(1) Is a power unit having a gross vehicle weight in excess	1603
of twenty-six thousand pounds;	1604

(2) Is a power unit having three or more axles, regardless of	1605
the gross vehicle weight;	1606

(3) Is a combination vehicle with a gross vehicle weight in	1607
excess of twenty-six thousand pounds.	1608

"Apportionable vehicle" does not include recreational	1609
vehicles, vehicles displaying restricted plates, city pick-up and	1610
delivery vehicles, buses used for the transportation of chartered	1611
parties, or vehicles owned and operated by the United States, this	1612
state, or any political subdivisions thereof.	1613

(GG) "Chartered party" means a group of persons who contract	1614
as a group to acquire the exclusive use of a passenger-carrying	1615
motor vehicle at a fixed charge for the vehicle in accordance with	1616
the carrier's tariff, lawfully on file with the United States	1617
department of transportation, for the purpose of group travel to a	1618
specified destination or for a particular itinerary, either agreed	1619
upon in advance or modified by the chartered group after having	1620
left the place of origin.	1621

(HH) "International registration plan" means a reciprocal	1622
agreement of member jurisdictions that is endorsed by the American	1623
association of motor vehicle administrators, and that promotes and	1624
encourages the fullest possible use of the highway system by	1625
authorizing apportioned registration of fleets of vehicles and	1626
recognizing registration of vehicles apportioned in member	1627
jurisdictions.	1628

(II) "Restricted plate" means a license plate that has a	1629
restriction of time, geographic area, mileage, or commodity, and	1630
includes license plates issued to farm trucks under division	1631
~~(K)~~(J) of section 4503.04 of the Revised Code.	1632

(JJ) "Gross vehicle weight," with regard to any commercial	1633
car, trailer, semitrailer, or bus that is taxed at the rates	1634
established under section 4503.042 of the Revised Code, means the	1635
unladen weight of the vehicle fully equipped plus the maximum	1636
weight of the load to be carried on the vehicle.	1637

(KK) "Combined gross vehicle weight" with regard to any	1638
combination of a commercial car, trailer, and semitrailer, that is	1639
taxed at the rates established under section 4503.042 of the	1640
Revised Code, means the total unladen weight of the combination of	1641
vehicles fully equipped plus the maximum weight of the load to be	1642
carried on that combination of vehicles.	1643

(LL) "Chauffeured limousine" means a motor vehicle that is	1644
designed to carry nine or fewer passengers and is operated for	1645
hire on an hourly basis pursuant to a prearranged contract for the	1646
transportation of passengers on public roads and highways along a	1647
route under the control of the person hiring the vehicle and not	1648
over a defined and regular route. "Prearranged contract" means an	1649
agreement, made in advance of boarding, to provide transportation	1650
from a specific location in a chauffeured limousine at a fixed	1651
rate per hour or trip. "Chauffeured limousine" does not include	1652
any vehicle that is used exclusively in the business of funeral	1653
directing.	1654

(MM) "Manufactured home" has the same meaning as in division	1655
(C)(4) of section 3781.06 of the Revised Code.	1656

(NN) "Acquired situs," with respect to a manufactured home or	1657
a mobile home, means to become located in this state by the	1658
placement of the home on real property, but does not include the	1659
placement of a manufactured home or a mobile home in the inventory	1660
of a new motor vehicle dealer or the inventory of a manufacturer,	1661
remanufacturer, or distributor of manufactured or mobile homes.	1662

(OO) "Electronic" includes electrical, digital, magnetic,	1663
optical, electromagnetic, or any other form of technology that	1664
entails capabilities similar to these technologies.	1665

(PP) "Electronic record" means a record generated,	1666
communicated, received, or stored by electronic means for use in	1667
an information system or for transmission from one information	1668
system to another.	1669

(QQ) "Electronic signature" means a signature in electronic	1670
form attached to or logically associated with an electronic	1671
record.	1672

(RR) "Financial transaction device" has the same meaning as	1673
in division (A) of section 113.40 of the Revised Code.	1674

(SS) "Electronic motor vehicle dealer" means a motor vehicle	1675
dealer licensed under Chapter 4517. of the Revised Code whom the	1676
registrar of motor vehicles determines meets the criteria	1677
designated in section 4503.035 of the Revised Code for electronic	1678
motor vehicle dealers and designates as an electronic motor	1679
vehicle dealer under that section.	1680

(TT) "Electric personal assistive mobility device" means a	1681
self-balancing two non-tandem wheeled device that is designed to	1682
transport only one person, has an electric propulsion system of an	1683
average of seven hundred fifty watts, and when ridden on a paved	1684
level surface by an operator who weighs one hundred seventy pounds	1685
has a maximum speed of less than twenty miles per hour.	1686

~~(TT)~~(UU) "Limited driving privileges" means the privilege to	1687
operate a motor vehicle that a court grants under section 4510.021	1688
of the Revised Code to a person whose driver's or commercial	1689
driver's license or permit or nonresident operating privilege has	1690
been suspended.	1691

Sec. 4501.02. (A) There is hereby created in the department	1692
of public safety a bureau of motor vehicles, which shall be	1693
administered by a registrar of motor vehicles. The registrar shall	1694
be appointed by the director of public safety and shall serve at	1695
the director's pleasure.	1696

The registrar shall administer the laws of the state relative	1697
to the registration of and certificates of title for motor	1698
vehicles, and the licensing of motor vehicle dealers, motor	1699
vehicle leasing dealers, distributors, and salespersons, and of	1700
motor vehicle salvage dealers, salvage motor vehicle auctions, and	1701
salvage motor vehicle pools. The registrar also shall, in	1702
accordance with section 4503.61 of the Revised Code, take those	1703
steps necessary to enter this state into membership in the	1704
international registration plan and carry out the registrar's	1705
other duties under that section. The registrar, with the approval	1706
of the director of public safety, may do all of the following:	1707

(1) Adopt such forms and rules as are necessary to carry out	1708
all laws the registrar is required to administer;	1709

(2) Appoint such number of assistants, deputies, clerks,	1710
stenographers, and other employees as are necessary to carry out	1711
such laws;	1712

(3) Acquire or lease such facilities as are necessary to	1713
carry out the duties of the registrar's office;	1714

(4) Establish accounts in a bank or depository and deposit	1715
any funds collected by the registrar in those accounts to the	1716
credit of "state of Ohio, bureau of motor vehicles." Within three	1717
days after the deposit of funds in such an account, the registrar	1718
shall draw on that account in favor of the treasurer of state. The	1719
registrar may reserve funds against the draw to the treasurer of	1720
state to the extent reasonably necessary to ensure that the	1721
deposited items are not dishonored. The registrar may pay any	1722
service charge usually collected by the bank or depository.	1723

The registrar shall give a bond for the faithful performance	1724
of the registrar's duties in such amount and with such security as	1725
the director approves. When in the opinion of the director it is	1726
advisable, any deputy or other employee may be required to give	1727
bond in such amount and with such security as the director	1728
approves. In the discretion of the director, the bonds authorized	1729
to be taken on deputies or other employees may be individual,	1730
schedule, or blanket bonds.	1731

The director of public safety may investigate the activities	1732
of the bureau and have access to its records at any time, and the	1733
registrar shall make a report to the director at any time upon	1734
request.	1735

All laws relating to the licensing of motor vehicle dealers,	1736
motor vehicle leasing dealers, distributors, and salespersons, and	1737
of motor vehicle salvage dealers, salvage motor vehicle auctions,	1738
and salvage motor vehicle pools, designating and granting power to	1739
the registrar shall be liberally construed to the end that the	1740
practice or commission of fraud in the business of selling motor	1741
vehicles and of disposing of salvage motor vehicles may be	1742
prohibited and prevented.	1743

(B) There is hereby created in the department of public	1744
safety a division of emergency medical services, which shall be	1745
administered by an executive director of emergency medical	1746
services appointed under section 4765.03 of the Revised Code.	1747

Sec. 4501.021. (A) Notwithstanding sections 149.33 to 149.34	1748
of the Revised Code, the registrar of motor vehicles shall	1749
determine the methods for obtaining, collecting, recording, and	1750
maintaining the records of the bureau of motor vehicles and of	1751
deputy registrars that pertain to driver's or commercial driver's	1752
licenses, identification cards, and vehicle registrations,	1753
including photographic or digitalized images, and electronic or	1754
digitalized signatures. The registrar may choose methods including	1755
paper, film, digital or other electronic media, or any other media	1756
that reasonably allows for recording, maintaining, and retrieving	1757
the records in a reliable manner.	1758

(B) The registrar of motor vehicles may dispose of all	1759
records of the bureau of motor vehicles pursuant to section 149.34	1760
of the Revised Code.	1761

The disposal of all records shall not take place when the	1762
registrar has received notice that a court case or other legal	1763
action is pending involving such records.	1764

Any surplus from the sale of such records, after paying the	1765
cost of administering the destruction or sale of such records,	1766
shall be paid into the state treasury.	1767

~~(B)~~(C) Each deputy registrar shall retain in the deputy	1768
registrar's office a file containing copies of all records and	1769
transactions performed for the bureau. Copies of motor vehicle	1770
registration applications shall be retained for a period of	1771
eighteen months from the date of the record or transaction,	1772
whichever is later; copies of driver's license or identification	1773
card applications shall be retained for a period of four years	1774
from the date of the record or transaction, whichever is later;	1775
and all other records shall be retained for a period of three	1776
years from the date of the record or transaction, whichever is	1777
later. The retained records shall be available for public	1778
examination, but no person may make copies of the records for sale	1779
or distribution.	1780

Sec. 4501.11. (A) There is hereby created in the state	1781
treasury the security, investigations, and policing fund.	1782
Notwithstanding section 5503.04 of the Revised Code, no fines	1783
collected from or money arising from bonds or bail forfeited by	1784
persons apprehended or arrested by state highway patrol troopers	1785
shall be credited to the general revenue fund until sufficient	1786
revenue to fund appropriations for the activities described under	1787
division (B) of this section are credited to the security,	1788
investigations, and policing fund. All investment earnings of the	1789
security, investigations, and policing fund shall be credited to	1790
that fund.	1791

This division does not apply to fines for violations of	1792
division (B) of section 4513.263 of the Revised Code, or to fines	1793
for violations of any municipal ordinance that is substantively	1794
comparable to that division, which fines shall be delivered to the	1795
treasurer of state as provided in division (E) of section 4513.263	1796
of the Revised Code.	1797

(B) The money credited to the security, investigations, and	1798
policing fund shall be used to pay the costs of:	1799

(1) Providing security for the governor, other officials and	1800
dignitaries, the capitol square, and other state property pursuant	1801
to division (E) of section 5503.02 of the Revised Code;	1802

(2) Undertaking major criminal investigations that involve	1803
state property interests;	1804

(3) Providing traffic control and security for the Ohio	1805
expositions commission on a full-time, year-round basis;	1806

(4) Performing nonhighway-related duties of the state highway	1807
patrol at the Ohio state fair;	1808

(5) Coordinating homeland security activities.

1809

Sec. 4503.01. "Motor vehicle" as defined in section 4505.01	1810
of the Revised Code applies to sections 4503.02 to 4503.10, and	1811
4503.12 to 4503.18 of the Revised Code. For the purposes of	1812
sections 4503.02 to 4503.04, 4503.10 to 4503.12, 4503.182,	1813
4503.19, 4503.21, 4503.22, and 4503.25 of the Revised Code, the	1814
term "motor vehicle" also includes a motorized bicycle and a	1815
trailer or semitrailer whose weight is four thousand pounds or	1816
less.	1817

As used in this chapter, "motor vehicle" does not include a	1818
concrete pump or a concrete conveyor.	1819

Sec. 4503.03. (A)(1)(a) The registrar of motor vehicles may	1820
designate the county auditor in each county a deputy registrar. If	1821
the population of a county is forty thousand or less according to	1822
the last federal census and if the county auditor is designated by	1823
the registrar as a deputy registrar, no other person need be	1824
designated in the county to act as a deputy registrar.	1825

(b) ~~For three years after the effective date of this~~	1826
~~amendment, the~~The registrar may designate a clerk of a court of	1827
common pleas as a deputy registrar if the population of the county	1828
is forty thousand or less according to the last federal census.	1829
All fees collected and retained by a clerk for conducting deputy	1830
registrar services shall be paid into the county treasury to the	1831
credit of the certificate of title administration fund created	1832
under section 325.33 of the Revised Code.	1833

(c) In all other instances, the registrar shall contract with	1834
one or more other persons in each county to act as deputy	1835
registrars.	1836

(2) Deputy registrars shall accept applications for the	1837
annual license tax for any vehicle not taxed under section 4503.63	1838
of the Revised Code and shall assign distinctive numbers in the	1839
same manner as the registrar. Such deputies shall be located in	1840
such locations in the county as the registrar sees fit. There	1841
shall be at least one deputy registrar in each county.	1842

Deputy registrar contracts are subject to the provisions of	1843
division (B) of section 125.081 of the Revised Code.	1844

(B) The registrar shall not contract with any person to act	1845
as a deputy registrar if the person or, where applicable, the	1846
person's spouse or a member of the person's immediate family has	1847
made, within the current calendar year or any one of the previous	1848
three calendar years, one or more contributions totaling in excess	1849
of one hundred dollars to any person or entity included in	1850
division (A)(2) of section 4503.033 of the Revised Code. As used	1851
in this division, "immediate family" has the same meaning as in	1852
division (D) of section 102.01 of the Revised Code, and "entity"	1853
includes any political party and any "continuing association" as	1854
defined in division (B)(4) of section 3517.01 of the Revised Code	1855
or "political action committee" as defined in division (B)(8) of	1856
that section that is primarily associated with that political	1857
party. For purposes of this division, contributions to any	1858
continuing association or any political action committee that is	1859
primarily associated with a political party shall be aggregated	1860
with contributions to that political party.	1861

The contribution limitations contained in this division do	1862
not apply to any county auditor or clerk of a court of common	1863
pleas.	1864

The registrar shall not contract with either of the following	1865
to act as a deputy registrar:	1866

(1) Any elected public official other than a county auditor	1867
or, as authorized by division (A)(1)(b) of this section, a clerk	1868
of a court of common pleas, acting in an ~~the county auditor's~~	1869
official capacity;	1870

(2) Any person holding a current, valid contract to conduct	1871
motor vehicle inspections under section 3704.14 of the Revised	1872
Code.	1873

(C)(1) Except as provided in division (C)(2) of this section,	1874
deputy registrars are independent contractors and neither they nor	1875
their employees are employees of this state, except that nothing	1876
in this section shall affect the status of county auditors or	1877
clerks of courts of common pleas as public officials, nor the	1878
status of their employees as employees of any of the counties of	1879
this state, which are political subdivisions of this state. Each	1880
deputy registrar shall be responsible for the payment of all	1881
unemployment compensation premiums, all workers' compensation	1882
premiums, social security contributions, and any and all taxes for	1883
which the deputy registrar is legally responsible. Each deputy	1884
registrar shall comply with all applicable federal, state, and	1885
local laws requiring the withholding of income taxes or other	1886
taxes from the compensation of the deputy registrar's employees.	1887
Each deputy registrar shall maintain during the entire term of	1888
the deputy registrar's contract a policy of business liability	1889
insurance satisfactory to the registrar and shall hold the	1890
department of public safety, the director of public safety, the	1891
bureau of motor vehicles, and the registrar harmless upon any and	1892
all claims for damages arising out of the operation of the deputy	1893
registrar agency.	1894

(2) For purposes of Chapter 4141. of the Revised Code,	1895
determinations concerning the employment of deputy registrars and	1896
their employees shall be made under Chapter 4141. of the Revised	1897
Code.	1898

(D)(1) With the approval of the director, the registrar shall	1899
adopt rules governing the terms of the contract between the	1900
registrar and each deputy registrar and specifications for the	1901
services to be performed. The rules shall include specifications	1902
relating to the amount of bond to be given as provided in this	1903
section; the size and location of the deputy's office; and the	1904
leasing of equipment necessary to conduct the vision screenings	1905
required under section 4507.12 of the Revised Code and training in	1906
the use of the equipment. The specifications shall permit and	1907
encourage every deputy registrar to inform the public of the	1908
location of the deputy registrar's office and hours of operation	1909
by means of public service announcements and allow any deputy	1910
registrar to advertise in regard to the operation of the deputy	1911
registrar's office. The rules also shall include specifications	1912
for the hours the deputy's office is to be open to the public and	1913
shall require as a minimum that one deputy's office in each county	1914
be open to the public for at least four hours each weekend,	1915
provided that if only one deputy's office is located within the	1916
boundary of the county seat, that office is the office that shall	1917
be open for the four-hour period each weekend, and that every	1918
deputy's office in each county shall be open to the public until	1919
six-thirty p.m. on at least one weeknight each week. The rules	1920
also shall include specifications providing that every deputy in	1921
each county, upon request, provide any person with information	1922
about the location and office hours of all deputy registrars in	1923
the county and that every deputy prominently display within the	1924
deputy's ~~the deputy registrar's~~ office, the toll-free telephone	1925
number of the bureau. The rules shall not prohibit the award of a	1926
deputy registrar contract to a nonprofit corporation formed under	1927
the laws of this state. The rules shall prohibit any deputy	1928
registrar from operating more than one such office at any time,	1929
except that the rules may permit a nonprofit corporation formed	1930
for the purposes of providing automobile-related services to its	1931
members or the public and that provides such services from more	1932
than one location in this state to operate a deputy registrar	1933
office at any such location, provided that the nonprofit	1934
corporation operates no more than one deputy registrar office in	1935
any one county. The rules may include such other specifications as	1936
the registrar and director consider necessary to provide a high	1937
level of service.	1938

(2) With the prior approval of the registrar, each deputy	1939
registrar may conduct at the location of the deputy registrar's	1940
office any business that is consistent with the functions of a	1941
deputy registrar and that is not specifically mandated or	1942
authorized by this or another chapter of the Revised Code or by	1943
implementing rules of the registrar.	1944

(3) As used in this section and in section 4507.01 of the	1945
Revised Code, "nonprofit corporation" has the same meaning as in	1946
section 1702.01 of the Revised Code.	1947

(E) Unless otherwise terminated and except for interim	1948
contracts of less than one year, contracts with deputy registrars	1949
shall be for a term of at least two years, but no more than three	1950
years, and all contracts effective on or after July 1, 1996, shall	1951
be for a term of more than two years, but not more than three	1952
years. All contracts with deputy registrars shall expire on the	1953
~~thirtieth day~~last Saturday of June in the year of their	1954
expiration. The auditor of state may examine the accounts,	1955
reports, systems, and other data of each deputy registrar at least	1956
every two years. The registrar, with the approval of the director,	1957
shall immediately remove a deputy who violates any provision of	1958
the Revised Code related to the duties as a deputy, any rule	1959
adopted by the registrar, or a term of the deputy's contract with	1960
the registrar. The registrar also may remove a deputy who, in the	1961
opinion of the registrar, has engaged in any conduct that is	1962
either unbecoming to one representing this state or is	1963
inconsistent with the efficient operation of the deputy's office.	1964
~~Upon removal of a deputy registrar for contract violation, the~~	1965
~~auditor of state shall examine the accounts, records, systems, and~~	1966
~~other data of the deputy registrar so removed.~~	1967

If the registrar, with the approval of the director,	1968
determines that there is good cause to believe that a deputy	1969
registrar or a person proposing for a deputy registrar contract	1970
has engaged in any conduct that would require the denial or	1971
termination of the deputy registrar contract, the registrar may	1972
require the production of books, records, and papers as the	1973
registrar determines are necessary, and may take the depositions	1974
of witnesses residing within or outside the state in the same	1975
manner as is prescribed by law for the taking of depositions in	1976
civil actions in the court of common pleas, and for that purpose	1977
the registrar may issue a subpoena for any witness or a subpoena	1978
duces tecum to compel the production of any books, records, or	1979
papers, directed to the sheriff of the county where the witness	1980
resides or is found. Such a subpoena shall be served and returned	1981
in the same manner as a subpoena in a criminal case is served and	1982
returned. The fees and mileage of the sheriff and witnesses shall	1983
be the same as that allowed in the court of common pleas in	1984
criminal cases and shall be paid from the fund in the state	1985
treasury for the use of the agency in the same manner as other	1986
expenses of the agency are paid.	1987

In any case of disobedience or neglect of any subpoena served	1988
on any person or the refusal of any witness to testify to any	1989
matter regarding which the witness lawfully may be interrogated,	1990
the court of common pleas of any county where the disobedience,	1991
neglect, or refusal occurs or any judge of that court, on	1992
application by the registrar, shall compel obedience by attachment	1993
proceedings for contempt, as in the case of disobedience of the	1994
requirements of a subpoena issued from that court, or a refusal to	1995
testify in that court.	1996

Nothing in this division shall be construed to require a	1997
hearing of any nature prior to the termination of any deputy	1998
registrar contract by the registrar, with the approval of the	1999
director, for cause.	2000

(F) Except as provided in section 2743.03 of the Revised	2001
Code, no court, other than the court of common pleas of Franklin	2002
county, has jurisdiction of any action against the department of	2003
public safety, the director, the bureau, or the registrar to	2004
restrain the exercise of any power or authority, or to entertain	2005
any action for declaratory judgment, in the selection and	2006
appointment of, or contracting with, deputy registrars. Neither	2007
the department, the director, the bureau, nor the registrar is	2008
liable in any action at law for damages sustained by any person	2009
because of any acts of the department, the director, the bureau,	2010
or the registrar, or of any employee of the department or bureau,	2011
in the performance of official duties in the selection and	2012
appointment of, and contracting with, deputy registrars.	2013

(G) The registrar shall assign to each deputy registrar a	2014
series of numbers sufficient to supply the demand at all times in	2015
the area the deputy registrar serves, and the registrar shall keep	2016
a record in the registrar's office of the numbers within the	2017
series assigned. Each deputy shall be required to give bond in the	2018
amount of at least twenty-five thousand dollars, or in such higher	2019
amount as the registrar determines necessary, based on a uniform	2020
schedule of bond amounts established by the registrar and	2021
determined by the volume of registrations handled by the deputy.	2022
The form of the bond shall be prescribed by the registrar. The	2023
bonds required of deputy registrars, in the discretion of the	2024
registrar, may be individual or schedule bonds or may be included	2025
in any blanket bond coverage carried by the department.	2026

(H) Each deputy registrar shall keep a file of each	2027
application received by the deputy and shall register that motor	2028
vehicle with the name and address of its owner.	2029

(I) Upon request, a deputy registrar shall make the physical	2030
inspection of a motor vehicle and issue the physical inspection	2031
certificate required in section 4505.061 of the Revised Code.	2032

(J) Each deputy registrar shall file a report semi-annually	2033
with the registrar of motor vehicles listing the number of	2034
applicants for licenses the deputy has served, the number of voter	2035
registration applications the deputy has completed and transmitted	2036
to the board of elections, and the number of voter registration	2037
applications declined.	2038

Sec. 4503.034. (A) Notwithstanding sections 4503.10,	2039
4503.102, 4503.12, 4503.182, 4503.24, 4505.061, 4506.08, 4507.24,	2040
4507.50, 4507.52, 4519.03, 4519.05, 4519.10, 4519.56, and 4519.69	2041
of the Revised Code:	2042

(1) Each deputy registrar shall be allowed the increased fee	2043
otherwise allowed in those sections and commencing on January 1,	2044
2003, for performing the services specified in those sections only	2045
if the deputy registrars achieve a statewide satisfaction rate of	2046
at least ninety per cent on the survey conducted by the registrar	2047
of motor vehicles under this section. If the deputy registrars	2048
fail to achieve a statewide satisfaction rate of at least ninety	2049
per cent on the survey, the fee for performing the services	2050
specified in those sections shall remain at the rate in effect for	2051
the immediately preceding year.	2052

(2) Each deputy registrar shall be allowed the increased fee	2053
otherwise allowed in those sections and commencing on January 1,	2054
2004, for performing the services specified in those sections only	2055
if the deputy registrars achieve a statewide satisfaction rate of	2056
at least ninety per cent on the survey conducted by the registrar	2057
under this section. If the deputy registrars fail to achieve a	2058
statewide satisfaction rate of at least ninety per cent on the	2059
survey, the fee for performing the services specified in those	2060
sections shall remain at the rate in effect for the immediately	2061
preceding year.	2062

(B) The registrar shall develop and conduct a survey	2063
evaluating public satisfaction with the conduct of services by	2064
deputy registrars under sections 4503.10, 4503.102, 4503.12,	2065
4503.182, 4503.24, 4505.061, 4506.08, 4507.24, 4507.50, 4507.52,	2066
4519.03, 4519.05, 4519.10, 4519.56, and 4519.69 of the Revised	2067
Code. In developing the survey, the registrar also shall establish	2068
standards that shall enable a deputy registrar to achieve a ninety	2069
per cent satisfaction rating. The ninety per cent satisfaction	2070
rate required under divisions (A)(1) and (2) of this section as a	2071
condition to increasing the service fees shall be determined on a	2072
statewide basis and not on an individual basis. The registrar	2073
shall conduct the survey in 2002 to determine the satisfaction	2074
rating for purposes of division (A)(1) of this section and shall	2075
conduct the survey again in 2003 to determine the satisfaction	2076
rating for purposes of division (A)(2) of this section.	2077

Sec. 4503.036. (A) Not later than January 1, 2005, the	2078
registrar of motor vehicles shall adopt rules for the appointment	2079
of limited authority deputy registrars. Notwithstanding section	2080
4503.03 of the Revised Code, the registrar may appoint the clerk	2081
of a court or common pleas or an electronic motor vehicle dealer	2082
qualified under section 4503.035 of the Revised Code as a limited	2083
authority deputy registrar.	2084

(B) A limited authority deputy registrar may conduct only	2085
initial and transfer motor vehicle transactions using electronic	2086
means, vehicle identification number inspections, and other	2087
associated transactions in a manner approved in the rules that the	2088
registrar adopts.	2089

(C) A limited authority deputy registrar may collect and	2090
retain a fee of three dollars and fifty cents for each transaction	2091
or physical inspection that the limited authority deputy registrar	2092
conducts, and shall collect all fees and taxes that are required	2093
by law and related to the transaction or inspection in a manner	2094
approved by the registrar. A clerk of a court of common pleas	2095
shall pay all fees collected and retained under this section into	2096
the county treasury to the credit of the certificate of title	2097
administration fund created under section 325.33 of the Revised	2098
Code.	2099

(D) The rules adopted by the registrar may establish	2100
reasonable eligibility standards for clerks and electronic motor	2101
vehicle dealers. The rules shall prescribe the terms and	2102
conditions of limited authority deputy registrar contracts and	2103
shall require each limited authority deputy registrar to sign a	2104
contract before assuming any duties as a limited authority deputy	2105
registrar. The rules may establish different eligibility standards	2106
and contract terms and conditions depending on whether the limited	2107
authority deputy registrar is a clerk or an electronic motor	2108
vehicle dealer. No contract shall be for a period of more than	2109
three years. The contract may contain any other provisions the	2110
registrar reasonably prescribes. Each contract shall terminate on	2111
a date specified by the registrar.	2112

(E) Any eligible clerk or qualified electronic motor vehicle	2113
dealer may make an application to the registrar for appointment as	2114
a limited authority deputy registrar. With the approval of the	2115
director of public safety, the registrar shall make the	2116
appointments from the applications submitted, based upon the	2117
discretion of the registrar and director and not upon a	2118
competitive basis.	2119

(F) A limited authority deputy registrar is not subject to	2120
the contribution limits of division (B) of section 4503.03 of the	2121
Revised Code or the filing requirement of division (A) of section	2122
4503.033 of the Revised Code.	2123

Sec. 4503.04. ~~Until the rates established under~~Except as	2124
provided in section 4503.042 of the Revised Code for the	2125
registration of commercial cars, trailers, semitrailers, and	2126
certain buses ~~other than transit buses become operative~~, the rates	2127
of the taxes imposed by section 4503.02 of the Revised Code shall	2128
be as follows:	2129

(A) For motor vehicles having three wheels or less, the	2130
license tax is:	2131

(1) For each motorized bicycle, ten dollars;

2132

(2) For each motorcycle, fourteen dollars.

2133

(B) For each passenger car, twenty dollars;

2134

(C) For each manufactured home, each mobile home, and each	2135
travel trailer, ten dollars;	2136

(D) For each noncommercial motor vehicle designed by the	2137
manufacturer to carry a load of no more than three-quarters of one	2138
ton and for each motor home, thirty-five dollars; for each	2139
noncommercial motor vehicle designed by the manufacturer to carry	2140
a load of more than three-quarters of one ton, but not more than	2141
one ton, seventy dollars;	2142

(E) ~~For each commercial car and for each trailer or~~	2143
~~semitrailer, except a manufactured or mobile home or noncommercial~~	2144
~~trailer, which shall not be taxed by this division, the license~~	2145
~~tax is fifteen dollars plus:~~	2146

~~(1) Eighty-five cents for each one hundred pounds or part~~	2147
~~thereof for the first two thousand pounds or part thereof of~~	2148
~~weight of vehicle fully equipped;~~	2149

~~(2) One dollar and forty cents for each one hundred pounds or~~	2150
~~part thereof in excess of two thousand pounds up to and including~~	2151
~~three thousand pounds;~~	2152

~~(3) One dollar and ninety cents for each one hundred pounds~~	2153
~~or part thereof in excess of three thousand pounds up to and~~	2154
~~including four thousand pounds;~~	2155

~~(4) Two dollars and twenty cents for each one hundred pounds~~	2156
~~or part thereof in excess of four thousand pounds up to and~~	2157
~~including five thousand pounds;~~	2158

~~(5) Two dollars and forty cents for each one hundred pounds~~	2159
~~or part thereof in excess of five thousand pounds up to and~~	2160
~~including six thousand pounds;~~	2161

~~(6) Two dollars and eighty cents for each one hundred pounds~~	2162
~~or part thereof in excess of six thousand pounds up to and~~	2163
~~including ten thousand pounds;~~	2164

~~(7) Three dollars for each one hundred pounds or part thereof~~	2165
~~in excess of ten thousand pounds up to and including twelve~~	2166
~~thousand pounds;~~	2167

~~(8) Three dollars and twenty-five cents for each one hundred~~	2168
~~pounds or part thereof in excess of twelve thousand pounds.~~	2169

~~(F)~~ For each noncommercial trailer, the license tax is:

2170

(1) Eighty-five cents for each one hundred pounds or part	2171
thereof for the first two thousand pounds or part thereof of	2172
weight of vehicle fully equipped;	2173

(2) One dollar and forty cents for each one hundred pounds or	2174
part thereof in excess of two thousand pounds up to and including	2175
three thousand pounds.	2176

~~(G)~~(F) Notwithstanding its weight, twelve dollars for any:

2177

(1) Vehicle equipped, owned, and used by a charitable or	2178
nonprofit corporation exclusively for the purpose of administering	2179
chest x-rays or receiving blood donations;	2180

(2) Van used principally for the transportation of	2181
handicapped persons that has been modified by being equipped with	2182
adaptive equipment to facilitate the movement of such persons into	2183
and out of the van.	2184

~~(H) For each bus, except a transit bus, having motor power~~	2185
~~the license tax is:~~	2186

~~(1) Eighty-five cents per one hundred pounds or part thereof~~	2187
~~for the first two thousand pounds or part thereof of weight of~~	2188
~~vehicle fully equipped;~~	2189

~~(2) One dollar and thirty cents for each one hundred pounds~~	2190
~~or part thereof in excess of two thousand pounds up to and~~	2191
~~including three thousand pounds;~~	2192

~~(3) One dollar and eighty cents for each one hundred pounds~~	2193
~~or part thereof in excess of three thousand pounds up to and~~	2194
~~including four thousand pounds;~~	2195

~~(4) Two dollars and ten cents for each one hundred pounds or~~	2196
~~part thereof in excess of four thousand pounds up to and including~~	2197
~~six thousand pounds;~~	2198

~~(5) Two dollars and forty cents for each one hundred pounds~~	2199
~~or part thereof in excess of six thousand pounds up to and~~	2200
~~including ten thousand pounds;~~	2201

~~(6) Two dollars and seventy cents for each one hundred pounds~~	2202
~~or part thereof in excess of ten thousand pounds;~~	2203

~~(7) Notwithstanding its weight, twelve dollars for any bus~~;

2204

(3) Bus used principally for the transportation of	2205
handicapped persons or persons sixty-five years of age or older;	2206

~~(8)~~(G) Notwithstanding its weight, twenty dollars for any bus	2207
used principally for the transportation of persons in a	2208
ridesharing arrangement.	2209

~~(I)~~(H) For each transit bus having motor power the license	2210
tax is twelve dollars.	2211

"Transit bus" means either a motor vehicle having a seating	2212
capacity of more than seven persons which is operated and used by	2213
any person in the rendition of a public mass transportation	2214
service primarily in a municipal corporation or municipal	2215
corporations and provided at least seventy-five per cent of the	2216
annual mileage of such service and use is within such municipal	2217
corporation or municipal corporations or a motor vehicle having a	2218
seating capacity of more than seven persons which is operated	2219
solely for the transportation of persons associated with a	2220
charitable or nonprofit corporation, but does not mean any motor	2221
vehicle having a seating capacity of more than seven persons when	2222
such vehicle is used in a ridesharing capacity or any bus	2223
described by division (F)(3) of this section.	2224

The application for registration of such transit bus shall be	2225
accompanied by an affidavit prescribed by the registrar of motor	2226
vehicles and signed by the person or an agent of the firm or	2227
corporation operating such bus stating that the bus has a seating	2228
capacity of more than seven persons, and that it is either to be	2229
operated and used in the rendition of a public mass transportation	2230
service and that at least seventy-five per cent of the annual	2231
mileage of such operation and use shall be within one or more	2232
municipal corporations or that it is to be operated solely for the	2233
transportation of persons associated with a charitable or	2234
nonprofit corporation.	2235

The form of the license plate, and the manner of its	2236
attachment to the vehicle, shall be prescribed by the registrar of	2237
motor vehicles.	2238

~~(J)~~(I) The minimum tax for any vehicle having motor power	2239
other than a farm truck, a motorized bicycle, or motorcycle is ten	2240
dollars and eighty cents, and for each noncommercial trailer, five	2241
dollars.	2242

~~(K)~~(J)(1) Except as otherwise provided in division ~~(K)~~(J) of	2243
this section, for each farm truck, except a noncommercial motor	2244
vehicle, that is owned, controlled, or operated by one or more	2245
farmers exclusively in farm use as defined in this section, and	2246
not for commercial purposes, and provided that at least	2247
seventy-five per cent of such farm use is by or for the one or	2248
more owners, controllers, or operators of the farm in the	2249
operation of which a farm truck is used, the license tax is five	2250
dollars plus:	2251

(a) Fifty cents per one hundred pounds or part thereof for	2252
the first three thousand pounds;	2253

(b) Seventy cents per one hundred pounds or part thereof in	2254
excess of three thousand pounds up to and including four thousand	2255
pounds;	2256

(c) Ninety cents per one hundred pounds or part thereof in	2257
excess of four thousand pounds up to and including six thousand	2258
pounds;	2259

(d) Two dollars for each one hundred pounds or part thereof	2260
in excess of six thousand pounds up to and including ten thousand	2261
pounds;	2262

(e) Two dollars and twenty-five cents for each one hundred	2263
pounds or part thereof in excess of ten thousand pounds;	2264

(f) The minimum license tax for any farm truck shall be	2265
twelve dollars.	2266

(2) The owner of a farm truck may register the truck for a	2267
period of one-half year by paying one-half the registration tax	2268
imposed on the truck under this chapter and one-half the amount of	2269
any tax imposed on the truck under Chapter 4504. of the Revised	2270
Code.	2271

(3) A farm bus may be registered for a period of ninety days	2272
from the date of issue of the license plates for the bus, for a	2273
fee of ten dollars, provided such license plates shall not be	2274
issued for more than any two ninety-day periods in any calendar	2275
year. Such use does not include the operation of trucks by	2276
commercial processors of agricultural products.	2277

(4) License plates for farm trucks and for farm buses shall	2278
have some distinguishing marks, letters, colors, or other	2279
characteristics to be determined by the director of public safety.	2280

(5) Every person registering a farm truck or bus under this	2281
section shall furnish an affidavit certifying that the truck or	2282
bus licensed to that person is to be so used as to meet the	2283
requirements necessary for the farm truck or farm bus	2284
classification.	2285

Any farmer may use a truck owned by the farmer for commercial	2286
purposes by paying the difference between the commercial truck	2287
registration fee and the farm truck registration fee for the	2288
remaining part of the registration period for which the truck is	2289
registered. Such remainder shall be calculated from the beginning	2290
of the semiannual period in which application for such commercial	2291
license is made.	2292

Taxes at the rates provided in this section are in lieu of	2293
all taxes on or with respect to the ownership of such motor	2294
vehicles, except as provided in section 4503.042 and section	2295
4503.06 of the Revised Code.	2296

~~(L)~~(K) Other than trucks registered under the international	2297
registration plan in another jurisdiction and for which this state	2298
has received an apportioned registration fee, the license tax for	2299
each truck which is owned, controlled, or operated by a	2300
nonresident, and licensed in another state, and which is used	2301
exclusively for the transportation of nonprocessed agricultural	2302
products intrastate, from the place of production to the place of	2303
processing, is twenty-four dollars.	2304

"Truck," as used in this division, means any pickup truck,	2305
straight truck, semitrailer, or trailer other than a travel	2306
trailer. Nonprocessed agricultural products, as used in this	2307
division, does not include livestock or grain.	2308

A license issued under this division shall be issued for a	2309
period of one hundred thirty days in the same manner in which all	2310
other licenses are issued under this section, provided that no	2311
truck shall be so licensed for more than one	2312
one-hundred-thirty-day period during any calendar year.	2313

The license issued pursuant to this division shall consist of	2314
a windshield decal to be designed by the director of public	2315
safety.	2316

Every person registering a truck under this division shall	2317
furnish an affidavit certifying that the truck licensed to the	2318
person is to be used exclusively for the purposes specified in	2319
this division.	2320

~~(M)~~(L) Every person registering a motor vehicle as a	2321
noncommercial motor vehicle as defined in section 4501.01 of the	2322
Revised Code, or registering a trailer as a noncommercial trailer	2323
as defined in that section, shall furnish an affidavit certifying	2324
that the motor vehicle or trailer so licensed to the person is to	2325
be so used as to meet the requirements necessary for the	2326
noncommercial vehicle classification.	2327

~~(N)~~(M) Every person registering a van or bus as provided in	2328
divisions ~~(G)~~(F)(2) and ~~(H)(7)~~(3) of this section shall furnish a	2329
notarized statement certifying that the van or bus licensed to the	2330
person is to be used for the purposes specified in those	2331
divisions. The form of the license plate issued for such motor	2332
vehicles shall be prescribed by the registrar.	2333

~~(O)~~(N) Every person registering as a passenger car a motor	2334
vehicle designed and used for carrying more than nine but not more	2335
than fifteen passengers, and every person registering a bus as	2336
provided in division ~~(H)(8)~~(G) of this section, shall furnish an	2337
affidavit certifying that the vehicle so licensed to the person is	2338
to be used in a ridesharing arrangement and that the person will	2339
have in effect whenever the vehicle is used in a ridesharing	2340
arrangement a policy of liability insurance with respect to the	2341
motor vehicle in amounts and coverages no less than those required	2342
by section 4509.79 of the Revised Code. The form of the license	2343
plate issued for such a motor vehicle shall be prescribed by the	2344
registrar.	2345

~~(P)~~(O) As used in this section:

2346

(1) "Van" means any motor vehicle having a single rear axle	2347
and an enclosed body without a second seat.	2348

(2) "Handicapped person" means any person who has lost the	2349
use of one or both legs, or one or both arms, or is blind, deaf,	2350
or so severely disabled as to be unable to move about without the	2351
aid of crutches or a wheelchair.	2352

(3) "Farm truck" means a truck used in the transportation	2353
from the farm of products of the farm, including livestock and its	2354
products, poultry and its products, floricultural and	2355
horticultural products, and in the transportation to the farm of	2356
supplies for the farm, including tile, fence, and every other	2357
thing or commodity used in agricultural, floricultural,	2358
horticultural, livestock, and poultry production and livestock,	2359
poultry, and other animals and things used for breeding, feeding,	2360
or other purposes connected with the operation of the farm.	2361

(4) "Farm bus" means a bus used only for the transportation	2362
of agricultural employees and used only in the transportation of	2363
such employees as are necessary in the operation of the farm.	2364

(5) "Farm supplies" includes fuel used exclusively in the	2365
operation of a farm, including one or more homes located on and	2366
used in the operation of one or more farms, and furniture and	2367
other things used in and around such homes.	2368

Sec. 4503.041. (A) The original owner of any trailer weighing	2369
four thousand pounds or less and used exclusively for	2370
noncommercial purposes ~~shall~~, upon application for initial	2371
registration, shall obtain and present such evidence of the	2372
trailer's weight as the registrar of motor vehicles may require.	2373
Whenever an application for registration other than an initial	2374
application by the original owner is made for a trailer to which	2375
this section applies, the application shall be accompanied by an	2376
affidavit, prescribed by the registrar and signed by the present	2377
owner, stating that the weight of the trailer is the same as that	2378
indicated by the evidence obtained and presented for initial	2379
registration by the original owner, and no other evidence of	2380
weight shall be required. This section does not apply to the owner	2381
of a boat trailer being registered in accordance with section	2382
4503.173 of the Revised Code.	2383

(B) The owner of a trailer described in division (A) of this	2384
section or the operator of a motor vehicle towing such a trailer	2385
may tow the trailer directly to and from a scale facility for the	2386
purpose of determining the trailer's weight prior to the	2387
registration of the trailer provided that at the time of such	2388
towing the owner or operator has in the owner's or operator's	2389
possession an official weight slip prescribed by the registrar and	2390
provided the trailer does not carry any load during such towing.	2391

Sec. 4503.042. The registrar of motor vehicles shall adopt	2392
rules establishing the date, subsequent to this state's entry into	2393
membership in the international registration plan, when the rates	2394
established by this section become operative.	2395

(A) The rates of the taxes imposed by section 4503.02 of the	2396
Revised Code are as follows for commercial cars having a gross	2397
vehicle weight or combined gross vehicle weight of:	2398

(1) Not more than two thousand pounds, forty-five dollars;

2399

(2) More than two thousand but not more than six thousand	2400
pounds, seventy dollars;	2401

(3) More than six thousand but not more than ten thousand	2402
pounds, eighty-five dollars;	2403

(4) More than ten thousand but not more than fourteen	2404
thousand pounds, one hundred five dollars;	2405

(5) More than fourteen thousand but not more than eighteen	2406
thousand pounds, one hundred twenty-five dollars;	2407

(6) More than eighteen thousand but not more than twenty-two	2408
thousand pounds, one hundred fifty dollars;	2409

(7) More than twenty-two thousand but not more than	2410
twenty-six thousand pounds, one hundred seventy-five dollars;	2411

(8) More than twenty-six thousand but not more than thirty	2412
thousand pounds, three hundred fifty-five dollars;	2413

(9) More than thirty thousand but not more than thirty-four	2414
thousand pounds, four hundred twenty dollars;	2415

(10) More than thirty-four thousand but not more than	2416
thirty-eight thousand pounds, four hundred eighty dollars;	2417

(11) More than thirty-eight thousand but not more than	2418
forty-two thousand pounds, five hundred forty dollars;	2419

(12) More than forty-two thousand but not more than forty-six	2420
thousand pounds, six hundred dollars;	2421

(13) More than forty-six thousand but not more than fifty	2422
thousand pounds, six hundred sixty dollars;	2423

(14) More than fifty thousand but not more than fifty-four	2424
thousand pounds, seven hundred twenty-five dollars;	2425

(15) More than fifty-four thousand but not more than	2426
fifty-eight thousand pounds, seven hundred eighty-five dollars;	2427

(16) More than fifty-eight thousand but not more than	2428
sixty-two thousand pounds, eight hundred fifty-five dollars;	2429

(17) More than sixty-two thousand but not more than sixty-six	2430
thousand pounds, nine hundred twenty-five dollars;	2431

(18) More than sixty-six thousand but not more than seventy	2432
thousand pounds, nine hundred ninety-five dollars;	2433

(19) More than seventy thousand but not more than	2434
seventy-four thousand pounds, one thousand eighty dollars;	2435

(20) More than seventy-four thousand but not more than	2436
seventy-eight thousand pounds, one thousand two hundred dollars;	2437

(21) More than seventy-eight thousand pounds, one thousand	2438
three hundred forty dollars.	2439

(B) The rates of the taxes imposed by section 4503.02 of the	2440
Revised Code are as follows for buses having a gross vehicle	2441
weight or combined gross vehicle weight of:	2442

(1) Not more than two thousand pounds, ten dollars;

2443

(2) More than two thousand but not more than six thousand	2444
pounds, forty dollars;	2445

(3) More than six thousand but not more than ten thousand	2446
pounds, one hundred dollars;	2447

(4) More than ten thousand but not more than fourteen	2448
thousand pounds, one hundred eighty dollars;	2449

(5) More than fourteen thousand but not more than eighteen	2450
thousand pounds, two hundred sixty dollars;	2451

(6) More than eighteen thousand but not more than twenty-two	2452
thousand pounds, three hundred forty dollars;	2453

(7) More than twenty-two thousand but not more than	2454
twenty-six thousand pounds, four hundred twenty dollars;	2455

(8) More than twenty-six thousand but not more than thirty	2456
thousand pounds, five hundred dollars;	2457

(9) More than thirty thousand but not more than thirty-four	2458
thousand pounds, five hundred eighty dollars;	2459

(10) More than thirty-four thousand but not more than	2460
thirty-eight thousand pounds, six hundred sixty dollars;	2461

(11) More than thirty-eight thousand but not more than	2462
forty-two thousand pounds, seven hundred forty dollars;	2463

(12) More than forty-two thousand but not more than forty-six	2464
thousand pounds, eight hundred twenty dollars;	2465

(13) More than forty-six thousand but not more than fifty	2466
thousand pounds, nine hundred forty dollars;	2467

(14) More than fifty thousand but not more than fifty-four	2468
thousand pounds, one thousand dollars;	2469

(15) More than fifty-four thousand but not more than	2470
fifty-eight thousand pounds, one thousand ninety dollars;	2471

(16) More than fifty-eight thousand but not more than	2472
sixty-two thousand pounds, one thousand one hundred eighty	2473
dollars;	2474

(17) More than sixty-two thousand but not more than sixty-six	2475
thousand pounds, one thousand two hundred seventy dollars;	2476

(18) More than sixty-six thousand but not more than seventy	2477
thousand pounds, one thousand three hundred sixty dollars;	2478

(19) More than seventy thousand but not more than	2479
seventy-four thousand pounds, one thousand four hundred fifty	2480
dollars;	2481

(20) More than seventy-four thousand but not more than	2482
seventy-eight thousand pounds, one thousand five hundred forty	2483
dollars;	2484

(21) More than seventy-eight thousand pounds, one thousand	2485
six hundred thirty dollars.	2486

(C) In addition to the license taxes imposed at the rates	2487
specified in divisions (A) and (B) of this section, an	2488
administrative fee of ~~two~~three dollars and twenty-five cents,	2489
plus an appropriate amount to cover the cost of postage, shall be	2490
collected by the registrar for each international registration	2491
plan license processed by the registrar. If the deputy registrar	2492
fees are increased on January 1, 2004, in accordance with section	2493
4503.034 of the Revised Code, the administrative fee collected	2494
under this section is three dollars and fifty cents, commencing on	2495
that date, plus postage.	2496

(D) The rate of the tax for each trailer and semitrailer is	2497
twenty-five dollars.	2498

(E) The rates established by this section shall not apply to	2499
any of the following:	2500

(1) Vehicles equipped, owned, and used by a charitable or	2501
nonprofit corporation exclusively for the purpose of administering	2502
chest x-rays or receiving blood donations;	2503

(2) Vans used principally for the transportation of	2504
handicapped persons that have been modified by being equipped with	2505
adaptive equipment to facilitate the movement of such persons into	2506
and out of the vans;	2507

(3) Buses used principally for the transportation of	2508
handicapped persons or persons sixty-five years of age or older;	2509

(4) Buses used principally for the transportation of persons	2510
in a ridesharing arrangement;	2511

(5) Transit buses having motor power;

2512

(6) Noncommercial trailers, mobile homes, or manufactured	2513
homes.	2514

Sec. 4503.10. (A) The owner of every snowmobile, off-highway	2515
motorcycle, and all-purpose vehicle required to be registered	2516
under section 4519.02 of the Revised Code shall file an	2517
application for registration under section 4519.03 of the Revised	2518
Code. The owner of a motor vehicle, other than a snowmobile,	2519
off-highway motorcycle, or all-purpose vehicle, that is not	2520
designed and constructed by the manufacturer for operation on a	2521
street or highway may not register it under this chapter except	2522
upon certification of inspection pursuant to section 4513.02 of	2523
the Revised Code by the sheriff, or the chief of police of the	2524
municipal corporation or township, with jurisdiction over the	2525
political subdivision in which the owner of the motor vehicle	2526
resides. Except as provided in section 4503.103 of the Revised	2527
Code, every owner of every other motor vehicle not previously	2528
described in this section and every person mentioned as owner in	2529
the last certificate of title of a motor vehicle that is operated	2530
or driven upon the public roads or highways shall cause to be	2531
filed each year, by mail or otherwise, in the office of the	2532
registrar of motor vehicles or a deputy registrar, a written or	2533
electronic application or a preprinted registration renewal notice	2534
issued under section 4503.102 of the Revised Code, the form of	2535
which shall be prescribed by the registrar, for registration for	2536
the following registration year, which shall begin on the first	2537
day of January of every calendar year and end on the thirty-first	2538
day of December in the same year. Applications for registration	2539
and registration renewal notices shall be filed at the times	2540
established by the registrar pursuant to section 4503.101 of the	2541
Revised Code. A motor vehicle owner also may elect to apply for or	2542
renew a motor vehicle registration by electronic means using	2543
electronic signature in accordance with rules adopted by the	2544
registrar. Except as provided in division (J) of this section,	2545
applications for registration shall be made on blanks furnished by	2546
the registrar for that purpose, containing the following	2547
information:	2548

(1) A brief description of the motor vehicle to be	2549
registered, including the ~~name of the manufacturer, the factory~~	2550
~~number of the vehicle, the year's model~~year, make, model, and	2551
vehicle identification number, and, in the case of commercial	2552
cars, the gross weight of the vehicle fully equipped computed in	2553
the manner prescribed in section 4503.08 of the Revised Code;	2554

(2) The name and residence address of the owner, and the	2555
township and municipal corporation in which the owner resides;	2556

(3) The district of registration, which shall be determined	2557
as follows:	2558

(a) In case the motor vehicle to be registered is used for	2559
hire or principally in connection with any established business or	2560
branch business, conducted at a particular place, the district of	2561
registration is the municipal corporation in which that place is	2562
located or, if not located in any municipal corporation, the	2563
county and township in which that place is located.	2564

(b) In case the vehicle is not so used, the district of	2565
registration is the municipal corporation or county in which the	2566
owner resides at the time of making the application.	2567

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

2568

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

2569

(6) Whether the fees required to be paid for the registration	2570
or transfer of the motor vehicle, during the preceding	2571
registration year and during the preceding period of the current	2572
registration year, have been paid. Each application for	2573
registration shall be signed by the owner, either manually or by	2574
electronic signature, or pursuant to obtaining a limited power of	2575
attorney authorized by the registrar for registration, or other	2576
document authorizing such signature. If the owner elects to apply	2577
for or renew the motor vehicle registration with the registrar by	2578
electronic means, the owner's manual signature is not required.	2579

(7) The owner's social security number, if assigned, or,	2580
where a motor vehicle to be registered is used for hire or	2581
principally in connection with any established business, the	2582
owner's federal taxpayer identification number. The bureau of	2583
motor vehicles shall retain in its records all social security	2584
numbers provided under this section, but the bureau shall not	2585
place social security numbers on motor vehicle certificates of	2586
registration.	2587

(B) ~~Each~~Except as otherwise provided in this division, each	2588
time an applicant first registers a motor vehicle in the	2589
applicant's name, the applicant shall present for inspection a	2590
physical certificate of title or memorandum certificate showing	2591
title to the motor vehicle to be registered in the name of the	2592
applicant if a physical certificate of title or memorandum	2593
certificate has been issued by a clerk of a court of common pleas.	2594
If, under sections 4505.021, 4505.06, and 4505.08 of the Revised	2595
Code, a clerk instead has issued an electronic certificate of	2596
title for the applicant's motor vehicle, that certificate may be	2597
presented for inspection at the time of first registration in a	2598
manner prescribed by rules adopted by the registrar. An applicant	2599
is not required to present a certificate of title to an electronic	2600
motor vehicle dealer acting as a limited authority deputy	2601
registrar in accordance with rules adopted by the registrar. When	2602
a motor vehicle inspection and maintenance program is in effect	2603
under section 3704.14 of the Revised Code and rules adopted under	2604
it, each application for registration for a vehicle required to be	2605
inspected under that section and those rules shall be accompanied	2606
by an inspection certificate for the motor vehicle issued in	2607
accordance with that section. The application shall be refused if	2608
any of the following applies:	2609

(1) The application is not in proper form.

2610

(2) The application is prohibited from being accepted by	2611
division (D) of section 2935.27, division (A) of section 2937.221,	2612
division (A) of section 4503.13, division (B) of section 4510.22,	2613
or division (B)(1) of section 4521.10 of the Revised Code.	2614

(3) A certificate of title or memorandum certificate of title	2615
is required but does not accompany the application or, in the case	2616
of an electronic certificate of title, is required but is not	2617
presented in a manner prescribed by the registrar's rules.	2618

(4) All registration and transfer fees for the motor vehicle,	2619
for the preceding year or the preceding period of the current	2620
registration year, have not been paid.	2621

(5) The owner or lessee does not have an inspection	2622
certificate for the motor vehicle as provided in section 3704.14	2623
of the Revised Code, and rules adopted under it, if that section	2624
is applicable.	2625

This section does not require the payment of license or	2626
registration taxes on a motor vehicle for any preceding year, or	2627
for any preceding period of a year, if the motor vehicle was not	2628
taxable for that preceding year or period under sections 4503.02,	2629
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	2630
Revised Code. When a certificate of registration is issued upon	2631
the first registration of a motor vehicle by or on behalf of the	2632
owner, the official issuing the certificate shall indicate the	2633
issuance with a stamp on the certificate of title or memorandum	2634
certificate or, in the case of an electronic certificate of title,	2635
an electronic stamp or other notation as specified in rules	2636
adopted by the registrar, and with a stamp on the inspection	2637
certificate for the motor vehicle, if any. The official also shall	2638
indicate, by a stamp or by other means the registrar prescribes,	2639
on the registration certificate issued upon the first registration	2640
of a motor vehicle by or on behalf of the owner the odometer	2641
reading of the motor vehicle as shown in the odometer statement	2642
included in or attached to the certificate of title. Upon each	2643
subsequent registration of the motor vehicle by or on behalf of	2644
the same owner, the official also shall so indicate the odometer	2645
reading of the motor vehicle as shown on the immediately preceding	2646
certificate of registration.	2647

The registrar shall include in the permanent registration	2648
record of any vehicle required to be inspected under section	2649
3704.14 of the Revised Code the inspection certificate number from	2650
the inspection certificate that is presented at the time of	2651
registration of the vehicle as required under this division.	2652

(C)(1) Commencing with each registration renewal with an	2653
expiration date on or after October 1, 2003, and for each initial	2654
application for registration received on and after that date, the	2655
registrar and each deputy registrar shall collect an additional	2656
fee of eleven dollars for each application for registration and	2657
registration renewal received. The additional fee is for the	2658
purpose of defraying the department of public safety's costs	2659
associated with the administration and enforcement of the motor	2660
vehicle and traffic laws of Ohio. Each deputy registrar shall	2661
transmit the fees collected under division (C)(1) of this section	2662
in the time and manner provided in this section. The registrar	2663
shall deposit all moneys received under division (C)(1) of this	2664
section into the state highway safety fund established in section	2665
4501.06 of the Revised Code.	2666

(2) In addition, a charge of twenty-five cents shall be made	2667
for each reflectorized safety license plate issued, and a single	2668
charge of twenty-five cents shall be made for each county	2669
identification sticker or each set of county identification	2670
stickers issued, as the case may be, to cover the cost of	2671
producing the license plates and stickers, including material,	2672
manufacturing, and administrative costs. Those fees shall be in	2673
addition to the license tax. If the total cost of producing the	2674
plates is less than twenty-five cents per plate, or if the total	2675
cost of producing the stickers is less than twenty-five cents per	2676
sticker or per set issued, any excess moneys accruing from the	2677
fees shall be distributed in the same manner as provided by	2678
section 4501.04 of the Revised Code for the distribution of	2679
license tax moneys. If the total cost of producing the plates	2680
exceeds twenty-five cents per plate, or if the total cost of	2681
producing the stickers exceeds twenty-five cents per sticker or	2682
per set issued, the difference shall be paid from the license tax	2683
moneys collected pursuant to section 4503.02 of the Revised Code.	2684

(D) Each deputy registrar shall be allowed a fee of two	2685
dollars and seventy-five cents commencing on July 1, 2001, three	2686
dollars and twenty-five cents commencing on January 1, 2003, and	2687
three dollars and fifty cents commencing on January 1, 2004, for	2688
each application for registration and registration renewal notice	2689
the deputy registrar receives, which shall be for the purpose of	2690
compensating the deputy registrar for the deputy registrar's	2691
services, and such office and rental expenses, as may be necessary	2692
for the proper discharge of the deputy registrar's duties in the	2693
receiving of applications and renewal notices and the issuing of	2694
registrations.	2695

(E) Upon the certification of the registrar, the county	2696
sheriff or local police officials shall recover license plates	2697
erroneously or fraudulently issued.	2698

(F) Each deputy registrar, upon receipt of any application	2699
for registration or registration renewal notice, together with the	2700
license fee and any local motor vehicle license tax levied	2701
pursuant to Chapter 4504. of the Revised Code, shall transmit that	2702
fee and tax, if any, in the manner provided in this section,	2703
together with the original and duplicate copy of the application,	2704
to the registrar. The registrar, subject to the approval of the	2705
director of public safety, may deposit the funds collected by	2706
those deputies in a local bank or depository to the credit of the	2707
"state of Ohio, bureau of motor vehicles." Where a local bank or	2708
depository has been designated by the registrar, each deputy	2709
registrar shall deposit all moneys collected by the deputy	2710
registrar into that bank or depository not more than one business	2711
day after their collection and shall make reports to the registrar	2712
of the amounts so deposited, together with any other information,	2713
some of which may be prescribed by the treasurer of state, as the	2714
registrar may require and as prescribed by the registrar by rule.	2715
The registrar, within three days after receipt of notification of	2716
the deposit of funds by a deputy registrar in a local bank or	2717
depository, shall draw on that account in favor of the treasurer	2718
of state. The registrar, subject to the approval of the director	2719
and the treasurer of state, may make reasonable rules necessary	2720
for the prompt transmittal of fees and for safeguarding the	2721
interests of the state and of counties, townships, municipal	2722
corporations, and transportation improvement districts levying	2723
local motor vehicle license taxes. The registrar may pay service	2724
charges usually collected by banks and depositories for such	2725
service. If deputy registrars are located in communities where	2726
banking facilities are not available, they shall transmit the fees	2727
forthwith, by money order or otherwise, as the registrar, by rule	2728
approved by the director and the treasurer of state, may	2729
prescribe. The registrar may pay the usual and customary fees for	2730
such service.	2731

(G) This section does not prevent any person from making an	2732
application for a motor vehicle license directly to the registrar	2733
by mail, by electronic means, or in person at any of the	2734
registrar's offices, upon payment of a service fee of two dollars	2735
and seventy-five cents commencing on July 1, 2001, three dollars	2736
and twenty-five cents commencing on January 1, 2003, and three	2737
dollars and fifty cents commencing on January 1, 2004, for each	2738
application.	2739

(H) No person shall make a false statement as to the district	2740
of registration in an application required by division (A) of this	2741
section. Violation of this division is falsification under section	2742
2921.13 of the Revised Code and punishable as specified in that	2743
section.	2744

(I)(1) Where applicable, the requirements of division (B) of	2745
this section relating to the presentation of an inspection	2746
certificate issued under section 3704.14 of the Revised Code and	2747
rules adopted under it for a motor vehicle, the refusal of a	2748
license for failure to present an inspection certificate, and the	2749
stamping of the inspection certificate by the official issuing the	2750
certificate of registration apply to the registration of and	2751
issuance of license plates for a motor vehicle under sections	2752
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	2753
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	2754
4503.47, and 4503.51 of the Revised Code.	2755

(2)(a) The registrar shall adopt rules ensuring that each	2756
owner registering a motor vehicle in a county where a motor	2757
vehicle inspection and maintenance program is in effect under	2758
section 3704.14 of the Revised Code and rules adopted under it	2759
receives information about the requirements established in that	2760
section and those rules and about the need in those counties to	2761
present an inspection certificate with an application for	2762
registration or preregistration.	2763

(b) Upon request, the registrar shall provide the director of	2764
environmental protection, or any person that has been awarded a	2765
contract under division (D) of section 3704.14 of the Revised	2766
Code, an on-line computer data link to registration information	2767
for all passenger cars, noncommercial motor vehicles, and	2768
commercial cars that are subject to that section. The registrar	2769
also shall provide to the director of environmental protection a	2770
magnetic data tape containing registration information regarding	2771
passenger cars, noncommercial motor vehicles, and commercial cars	2772
for which a multi-year registration is in effect under section	2773
4503.103 of the Revised Code or rules adopted under it, including,	2774
without limitation, the date of issuance of the multi-year	2775
registration, the registration deadline established under rules	2776
adopted under section 4503.101 of the Revised Code that was	2777
applicable in the year in which the multi-year registration was	2778
issued, and the registration deadline for renewal of the	2779
multi-year registration.	2780

(J) Application for registration under the international	2781
registration plan, as set forth in sections 4503.60 to 4503.66 of	2782
the Revised Code, shall be made to the registrar on forms	2783
furnished by the registrar. In accordance with international	2784
registration plan guidelines and pursuant to rules adopted by the	2785
registrar, the forms shall include the following:	2786

(1) A uniform mileage schedule;

2787

(2) The gross vehicle weight of the vehicle or combined gross	2788
vehicle weight of the combination vehicle as declared by the	2789
registrant;	2790

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

2791

Sec. 4503.12. (A) Upon the transfer of ownership of a motor	2792
vehicle, the registration of the motor vehicle expires, and the	2793
original owner immediately shall remove the license plates from	2794
the motor vehicle, except that:	2795

(1) If a statutory merger or consolidation results in the	2796
transfer of ownership of a motor vehicle from a constituent	2797
corporation to the surviving corporation, or if the incorporation	2798
of a proprietorship or partnership results in the transfer of	2799
ownership of a motor vehicle from the proprietorship or	2800
partnership to the corporation, the registration shall be	2801
continued upon the filing by the surviving or new corporation,	2802
within thirty days of such transfer, of an application for an	2803
amended certificate of registration~~, unless such registration is~~	2804
~~prohibited by division (D) of section 2935.27, division (A) of~~	2805
~~section 2937.221, division (B) of section 4507.168, or division~~	2806
~~(B)(1) of section 4521.10 of the Revised Code. The application~~	2807
~~shall be accompanied by a service fee of two dollars and~~	2808
~~seventy-five cents commencing on July 1, 2001, three dollars and~~	2809
~~twenty-five cents commencing on January 1, 2003, and three dollars~~	2810
~~and fifty cents commencing on January 1, 2004, a transfer fee of~~	2811
~~one dollar, and the original certificate of registration~~. Upon a	2812
proper filing, the registrar of motor vehicles shall issue an	2813
amended certificate of registration in the name of the new owner.	2814

(2) If the death of the owner of a motor vehicle results in	2815
the transfer of ownership of the motor vehicle to the surviving	2816
spouse of the owner or if a motor vehicle is owned by two persons	2817
under joint ownership with right of survivorship established under	2818
section 2131.12 of the Revised Code and one of those persons dies,	2819
the registration shall be continued upon the filing by the	2820
survivor of an application for an amended certificate of	2821
registration~~, unless such registration is prohibited by division~~	2822
~~(D) of section 2935.27, division (A) of section 2937.221, division~~	2823
~~(A) of section 4503.13, division (B) of section 4510.22, or~~	2824
~~division (B)(1) of section 4521.10 of the Revised Code. The~~	2825
~~application shall be accompanied by a service fee of two dollars~~	2826
~~and seventy-five cents commencing on July 1, 2001, three dollars~~	2827
~~and twenty-five cents commencing on January 1, 2003, and three~~	2828
~~dollars and fifty cents commencing on January 1, 2004, a transfer~~	2829
~~fee of one dollar, the original certificate of registration, and,~~	2830
in. In relation to a motor vehicle that is owned by two persons	2831
under joint ownership with right of survivorship established under	2832
section 2131.12 of the Revised Code, the application shall be	2833
accompanied by a copy of the certificate of title that specifies	2834
that the vehicle is owned under joint ownership with right of	2835
survivorship. Upon a proper filing, the registrar shall issue an	2836
amended certificate of registration in the name of the survivor.	2837

(3) If the death of the owner of a motor vehicle results in	2838
the transfer of ownership of the motor vehicle to a	2839
transfer-on-death beneficiary or beneficiaries designated under	2840
section 2131.13 of the Revised Code, the registration shall be	2841
continued upon the filing by the transfer-on-death beneficiary or	2842
beneficiaries of an application for an amended certificate of	2843
registration~~, unless that registration is prohibited by division~~	2844
~~(D) of section 2935.27, division (A) of section 2937.221, division~~	2845
~~(A) of section 4503.13, division (B) of section 4510.22, or~~	2846
~~division (B)(1) of section 4521.10 of the Revised Code~~. The	2847
application shall be accompanied by ~~a service fee of two dollars~~	2848
~~and seventy-five cents commencing on July 1, 2001, three dollars~~	2849
~~and twenty-five cents commencing on January 1, 2003, and three~~	2850
~~dollars and fifty cents commencing on January 1, 2004, a transfer~~	2851
~~fee of one dollar, the original certificate of registration, and~~ a	2852
copy of the certificate of title that specifies that the owner of	2853
the motor vehicle has designated the motor vehicle in beneficiary	2854
form under section 2131.13 of the Revised Code. Upon a proper	2855
filing, the registrar shall issue an amended certificate of	2856
registration in the name of the transfer-on-death beneficiary or	2857
beneficiaries.	2858

(4) If the original owner of a motor vehicle that has been	2859
transferred makes application for the registration of another	2860
motor vehicle at any time during the remainder of the registration	2861
period for which the transferred motor vehicle was registered, the	2862
owner~~, unless such registration is prohibited by division (D) of~~	2863
~~section 2935.27, division (A) of section 2937.221, division (A) of~~	2864
~~section 4503.13, division (E) of section 4503.234, division (B) of~~	2865
~~section 4510.22, or division (B)(1) of section 4521.10 of the~~	2866
~~Revised Code,~~ may file an application for transfer of the	2867
registration and, where applicable, the license plates,	2868
~~accompanied by a service fee of two dollars and seventy-five cents~~	2869
~~commencing on July 1, 2001, three dollars and twenty-five cents~~	2870
~~commencing on January 1, 2003, and three dollars and fifty cents~~	2871
~~commencing on January 1, 2004, a transfer fee of one dollar, and~~	2872
~~the original certificate of registration~~. The transfer of the	2873
registration and, where applicable, the license plates from the	2874
motor vehicle for which they originally were issued to a	2875
succeeding motor vehicle purchased by the same person in whose	2876
name the original registration and license plates were issued	2877
shall be done within a period not to exceed thirty days. During	2878
that thirty-day period, the license plates from the motor vehicle	2879
for which they originally were issued may be displayed on the	2880
succeeding motor vehicle, and the succeeding motor vehicle may be	2881
operated on the public roads and highways in this state.	2882

At the time of application for transfer, the registrar shall	2883
compute and collect the amount of tax due on the succeeding motor	2884
vehicle, based upon the amount that would be due on a new	2885
registration as of the date on which the transfer is made less a	2886
credit for the unused portion of the original registration	2887
beginning on that date. If the credit exceeds the amount of tax	2888
due on the new registration, no refund shall be made. In computing	2889
the amount of tax due and credits to be allowed under this	2890
division, the provisions of division (B)(1)(a) and (b) of section	2891
4503.11 of the Revised Code shall apply. As to passenger cars,	2892
noncommercial vehicles, motor homes, and motorcycles, transfers	2893
within or between these classes of motor vehicles only shall be	2894
allowed. If the succeeding motor vehicle is of a different class	2895
than the motor vehicle for which the registration originally was	2896
issued, new license plates also shall be issued upon the surrender	2897
of the license plates originally issued and payment of the fees	2898
provided in divisions (C) and (D) of section 4503.10 of the	2899
Revised Code.	2900

(5) The owner of a commercial car having a gross vehicle	2901
weight or combined gross vehicle weight of more than ten thousand	2902
pounds may transfer the registration of that commercial car to	2903
another commercial car the owner owns without transferring	2904
ownership of the first commercial car~~, unless registration of the~~	2905
~~second commercial car is prohibited by division (D) of section~~	2906
~~2935.27, division (A) of section 2937.221, division (A) of section~~	2907
~~4503.13, division (B) of section 4507.168, or division (B)(1) of~~	2908
~~section 4521.10 of the Revised Code~~. At any time during the	2909
remainder of the registration period for which the first	2910
commercial car was registered, the owner may file an application	2911
for the transfer of the registration and, where applicable, the	2912
license plates, accompanied by ~~a service fee of two dollars and~~	2913
~~seventy-five cents commencing on July 1, 2001, three dollars and~~	2914
~~twenty-five cents commencing on January 1, 2003, and three dollars~~	2915
~~and fifty cents commencing on January 1, 2004, a transfer fee of~~	2916
~~one dollar, and~~ the certificate of registration of the first	2917
commercial car. The amount of any tax due or credit to be allowed	2918
for a transfer of registration under this division shall be	2919
computed in accordance with division (A)(4) of this section.	2920

No commercial car to which a registration is transferred	2921
under this division shall be operated on a public road or highway	2922
in this state until after the transfer of registration is	2923
completed in accordance with this division.	2924

(6) Upon application to the registrar or a deputy registrar,	2925
a person who owns or leases a motor vehicle may transfer special	2926
license plates assigned to that vehicle to any other vehicle that	2927
the person owns or leases or that is owned or leased by the	2928
person's spouse. ~~The application shall be accompanied by a service~~	2929
~~fee of two dollars and seventy-five cents commencing on July 1,~~	2930
~~2001, three dollars and twenty-five cents commencing on January 1,~~	2931
~~2003, and three dollars and fifty cents commencing on January 1,~~	2932
~~2004, a transfer fee of one dollar, and the original certificate~~	2933
~~of registration.~~ As appropriate, the application also shall be	2934
accompanied by a power of attorney for the registration of a	2935
leased vehicle and a written statement releasing the special	2936
plates to the applicant. Upon a proper filing, the registrar or	2937
deputy registrar shall assign the special license plates to the	2938
motor vehicle owned or leased by the applicant and issue a new	2939
certificate of registration for that motor vehicle.	2940

(7) If a corporation transfers the ownership of a motor	2941
vehicle to an affiliated corporation, the affiliated corporation	2942
may apply to the registrar for the transfer of the registration	2943
and any license plates. The registrar may require the applicant to	2944
submit documentation of the corporate relationship and shall	2945
determine whether the application for registration transfer is	2946
made in good faith and not for the purposes of circumventing the	2947
provisions of this chapter. Upon a proper filing, the registrar	2948
shall issue an amended certificate of registration in the name of	2949
the new owner.	2950

(B) An application under division (A) of this section shall	2951
be accompanied by a service fee of two dollars and seventy-five	2952
cents commencing on July 1, 2001, three dollars and twenty-five	2953
cents commencing on January 1, 2003, and three dollars and fifty	2954
cents commencing on January 1, 2004, a transfer fee of one dollar,	2955
and the original certificate of registration, if applicable.	2956

(C) Neither the registrar nor a deputy registrar shall	2957
transfer a registration under division (A) of this section if the	2958
registration is prohibited by division (D) of section 2935.27,	2959
division (A) of section 2937.221, division (A) of section 4503.13,	2960
division (D) of section 4503.234, division (B) of section 4510.22,	2961
or division (B)(1) of section 4521.10 of the Revised Code.	2962

(D) Whoever violates division (A) of this section is guilty	2963
of a misdemeanor of the fourth degree.	2964

~~(C)~~(E) As used in division (A)(6) of this section, "special	2965
license plates" means either of the following:	2966

(1) Any license plates for which the person to whom the	2967
license plates are issued must pay an additional fee in excess of	2968
the fees prescribed in section 4503.04 of the Revised Code,	2969
Chapter 4504. of the Revised Code, and the service fee prescribed	2970
in division (D) or (G) of section 4503.10 of the Revised Code;	2971

(2) License plates issued under section 4503.44 of the	2972
Revised Code.	2973

Sec. 4503.13. (A) A municipal court or county court, at the	2974
court's discretion, may order the clerk of the court to send to	2975
the registrar of motor vehicles a report containing the name,	2976
address, and such other information as the registrar may require	2977
by rule, of any person for whom an arrest warrant has been issued	2978
by that court and is outstanding.	2979

Upon receipt of such a report, the registrar shall enter the	2980
information contained in the report into the records of the bureau	2981
of motor vehicles. Neither the registrar nor any deputy registrar	2982
shall issue a certificate of registration for a motor vehicle	2983
owner or lessee, when a lessee is determinable under procedures	2984
established by the registrar under division (E) of this section,	2985
who is named in the report until the registrar receives	2986
notification from the municipal court or county court that there	2987
are no outstanding arrest warrants in the name of the person. The	2988
registrar also shall send a notice to the person who is named in	2989
the report, via regular first class mail sent to the person's last	2990
known address as shown in the records of the bureau, informing the	2991
person that neither the registrar nor any deputy registrar is	2992
permitted to issue a certificate of registration for a motor	2993
vehicle in the name of the person until the registrar receives	2994
notification that there are no outstanding arrest warrants in the	2995
name of the person.	2996

(B) A clerk who reports an outstanding arrest warrant in	2997
accordance with division (A) of this section immediately shall	2998
notify the registrar when the warrant has been executed and	2999
returned to the issuing court or has been canceled. ~~The clerk~~	3000

Upon receipt of such notification, the registrar shall charge	3001
and collect from the person named in the executed or canceled	3002
arrest warrant a processing fee of fifteen dollars to cover the	3003
costs of the bureau in administering this section. The ~~clerk~~	3004
registrar shall ~~transmit monthly~~deposit all such processing fees	3005
~~to the registrar for deposit~~ into the state bureau of motor	3006
vehicles fund created by section 4501.25 of the Revised Code.	3007

Upon ~~receipt~~payment of ~~such notification~~the processing fee,	3008
the registrar shall cause the report of that outstanding arrest	3009
warrant to be removed from the records of the bureau and, if there	3010
are no other outstanding arrest warrants issued by a municipal	3011
court or county court in the name of the person and the person	3012
otherwise is eligible to be issued a certificate of registration	3013
for a motor vehicle, the registrar or a deputy registrar may issue	3014
a certificate of registration for a motor vehicle in the name of	3015
the person named in the executed or canceled arrest warrant.	3016

(C) Neither the registrar, any employee of the bureau, a	3017
deputy registrar, nor any employee of a deputy registrar is	3018
personally liable for damages or injuries resulting from any error	3019
made by a clerk in entering information contained in a report	3020
submitted to the registrar under this section.	3021

(D) Any information submitted to the registrar by a clerk	3022
under this section shall be transmitted by means of an electronic	3023
data transfer system.	3024

(E) The registrar shall determine the procedures and	3025
information necessary to implement this section in regard to motor	3026
vehicle lessees. Division (A) of this section shall not apply to	3027
cases involving a motor vehicle lessee until such procedures are	3028
established.	3029

Sec. 4503.182. (A) A purchaser of a motor vehicle, upon	3030
application and proof of purchase of the vehicle, may be issued a	3031
temporary license placard or windshield sticker for the motor	3032
vehicle.	3033

The purchaser of a vehicle applying for a temporary license	3034
placard or windshield sticker under this section shall execute an	3035
affidavit stating that the purchaser has not been issued	3036
previously during the current registration year a license plate	3037
that could legally be transferred to the vehicle.	3038

Placards or windshield stickers shall be issued only for the	3039
applicant's use of the vehicle to enable the applicant to legally	3040
operate the motor vehicle while proper title, license plates, and	3041
a certificate of registration are being obtained, and shall be	3042
displayed on no other motor vehicle.	3043

Placards or windshield stickers issued under this section are	3044
valid for a period of thirty days from date of issuance and are	3045
not transferable or renewable.	3046

The fee for the placards or windshield stickers issued under	3047
this section is two dollars plus a ~~deputy registrar~~ service fee of	3048
two dollars and seventy-five cents commencing on July 1, 2001,	3049
three dollars and twenty-five cents commencing on January 1, 2003,	3050
and three dollars and fifty cents commencing on January 1, 2004,	3051
~~for each placard issued by a deputy registrar~~.	3052

(B)(1) The registrar of motor vehicles may issue to a	3053
motorized bicycle dealer or a licensed motor vehicle dealer	3054
temporary license placards to be issued to purchasers for use on	3055
vehicles sold by the dealer, in accordance with rules prescribed	3056
by the registrar. The dealer shall notify the registrar, within	3057
forty-eight hours, of the issuance of a placard by electronic	3058
means via computer equipment purchased and maintained by the	3059
dealer or in any other manner prescribed by the registrar.	3060

(2) The fee for each placard issued by the registrar to a	3061
~~licensed motor vehicle~~ dealer is ~~two dollars plus a fee of two~~	3062
~~dollars and seventy-five cents commencing on July 1, 2001, three~~	3063
~~dollars and twenty-five cents commencing on January 1, 2003, and~~	3064
~~three dollars and fifty cents commencing on January 1, 2004~~seven	3065
dollars, of which five dollars shall be deposited and used in	3066
accordance with division (D) of this section. The registrar shall	3067
charge an additional three dollars and fifty cents for each	3068
placard issued to a dealer who notifies the registrar of the	3069
issuance of the placards in a manner other than by approved	3070
electronic means.	3071

(3) When a dealer issues a temporary license placard to a	3072
purchaser, the dealer shall collect and retain the fees	3073
established under divisions (A) and (D) of this section.	3074

(C) The registrar of motor vehicles, at the registrar's	3075
discretion, may issue a temporary license placard. Such a placard	3076
may be issued in the case of extreme hardship encountered by a	3077
citizen from this state or another state who has attempted to	3078
comply with all registration laws, but for extreme circumstances	3079
is unable to properly register the citizen's vehicle.	3080

(D) In addition to the fees charged under divisions (A) and	3081
(B) of this section, commencing on October 1, 2003, the registrar	3082
and each deputy registrar shall collect a fee of five dollars for	3083
each temporary license placard issued. The additional fee is for	3084
the purpose of defraying the department of public safety's costs	3085
associated with the administration and enforcement of the motor	3086
vehicle and traffic laws of Ohio. Each deputy registrar shall	3087
transmit the fees collected under this division in the same manner	3088
as provided for transmission of fees collected under division (A)	3089
of this section. The registrar shall deposit all moneys received	3090
under this division into the state highway safety fund established	3091
in section 4501.06 of the Revised Code.	3092

(E) The registrar shall adopt rules, in accordance with	3093
division (B) of section 111.15 of the Revised Code, to specify the	3094
procedures for reporting the information from applications for	3095
temporary license placards and windshield stickers and for	3096
providing the information from these applications to law	3097
enforcement agencies.	3098

(F) Temporary license placards issued under this section	3099
shall bear a distinctive combination of seven letters, numerals,	3100
or letters and numerals, and shall incorporate a security feature	3101
that, to the greatest degree possible, prevents tampering with any	3102
of the information that is entered upon a placard when it is	3103
issued.	3104

(G) Whoever violates division (A) of this section is guilty	3105
of a misdemeanor of the fourth degree. Whoever violates division	3106
(B) of this section is guilty of a misdemeanor of the first	3107
degree.	3108

(H) As used in this section, "motorized bicycle dealer" means	3109
any person engaged in the business of selling at retail,	3110
displaying, offering for sale, or dealing in motorized bicycles	3111
who is not subject to section 4503.09 of the Revised Code.	3112

Sec. 4503.231. (A) No motor vehicle registered in the name	3113
of a person whose certificate of registration and identification	3114
license plates have been impounded as provided by division (B)(1)	3115
of section 4507.02 of the Revised Code, shall be operated on any	3116
highway in this state unless it displays restricted license plates	3117
that are a different color from those regularly issued and carry a	3118
special serial number that may be readily identified by law	3119
enforcement officers. The registrar of motor vehicles shall	3120
designate the color and serial number to be used on restricted	3121
license plates, which shall remain the same from year to year and	3122
shall not be displayed on any other motor vehicles.	3123

The bureau of motor vehicles shall adopt rules providing for	3124
the decentralization of the issuance of restricted license plates	3125
under this section. The rules shall provide for the issuance of	3126
the restricted license plates by at least one agency in each	3127
county.	3128

No person operating a motor vehicle displaying restricted	3129
license plates as described in this division shall knowingly	3130
disguise or obscure the color of the restricted plate.	3131

(B) If a person has been granted limited driving privileges	3132
with a condition of the privileges being that the person must	3133
display on the vehicle that is driven under the privileges	3134
restricted license plates that are described in this section, ~~all~~	3135
~~of the following apply:~~	3136

~~(1) If~~the person may operate a motor vehicle ~~to be driven~~	3137
~~under the limited driving privileges~~that is owned by the person's	3138
employer ~~and~~only if the person is required to operate that motor	3139
vehicle in the course and scope of the person's employment~~, the~~.	3140
Such a person may operate that vehicle without displaying on that	3141
vehicle restricted license plates that are issued under this	3142
section if the employer has been notified that the person has	3143
limited driving privileges and of the nature of the restriction	3144
and if the person has proof of the employer's notification in the	3145
person's possession while operating the employer's vehicle for	3146
normal business duties. A motor vehicle owned by a business that	3147
is partly or entirely owned or controlled by the person with the	3148
limited driving privileges is not a motor vehicle owned by an	3149
employer, for purposes of this division.	3150

~~(2) If a motor vehicle to be driven under the limited driving~~	3151
~~privileges is registered in a state other than this state, instead~~	3152
~~of displaying on that vehicle restricted license plates that are~~	3153
~~issued under this section, the person with the limited driving~~	3154
~~privileges shall display on the vehicle a decal, as prescribed by~~	3155
~~the registrar of motor vehicles, that states that the vehicle is~~	3156
~~subject to limited driving privileges in this state and that~~	3157
~~describes the restriction. The decal shall be displayed on the~~	3158
~~bottom left corner of the back window of the vehicle or, if there~~	3159
~~is no back window, on the bottom left corner of the windshield of~~	3160
~~the vehicle. The bureau of motor vehicles shall adopt rules~~	3161
~~providing for the decentralization of the issuance of the decals~~	3162
~~described in this division, with the rules providing for the~~	3163
~~issuance of the decals by at least one agency in each county.~~	3164

(C) Whoever violates this section is guilty of a minor	3165
misdemeanor.	3166

Sec. 4503.24. (A) The owner of a chauffeured limousine, upon	3167
compliance with the motor vehicle laws relating to the	3168
registration and licensing of motor vehicles, upon payment of the	3169
regular license tax as prescribed under section 4503.04 of the	3170
Revised Code, any tax levied under Chapter 4504. of the Revised	3171
Code, ~~and~~ an additional fee of seven dollars and fifty cents, and	3172
the fee specified in division (C) of this section, if applicable,	3173
and upon compliance with section 4509.80 of the Revised Code,	3174
shall be issued appropriate vehicle registration and a set of	3175
license plates and a validation sticker, or a validation sticker	3176
alone when required by section 4503.191 of the Revised Code. The	3177
~~owner shall also be~~license plates issued ~~an additional license~~	3178
~~plate sticker that bears~~under this section shall bear the word	3179
"livery." ~~The livery license~~printed at the bottom of the plate	3180
~~sticker issued under this section shall be of a different color or~~	3181
~~shade each year, the new~~. The color ~~or shade to~~of the word shall	3182
be selected by the director of public safety. The additional fee	3183
shall be for the purpose of compensating the bureau of motor	3184
vehicles for additional services required in the issuing of such	3185
licenses and shall be transmitted by the registrar of motor	3186
vehicles to the treasurer of state for deposit in the state bureau	3187
of motor vehicles fund created by section 4501.25 of the Revised	3188
Code.	3189

(B) Any application for registration or registration renewal	3190
of a chauffeured limousine made under this section ~~shall~~may be	3191
submitted by mail directly to the registrar~~. No~~or in person to a	3192
deputy registrar ~~shall accept or process any application for~~	3193
~~registration made under this section~~.	3194

(C) Each deputy registrar shall be allowed a fee of three	3195
dollars and twenty-five cents commencing on January 1, 2003, and	3196
three dollars and fifty cents commencing on January 1, 2004, for	3197
each application for registration and registration renewal notice	3198
the deputy registrar receives.	3199

Sec. 4503.44. (A) As used in this section and in section	3200
4511.69 of the Revised Code:	3201

(1) "Person with a disability that limits or impairs the	3202
ability to walk" means any person who, as determined by a	3203
physician or chiropractor, meets any of the following criteria:	3204

(a) Cannot walk two hundred feet without stopping to rest;

3205

(b) Cannot walk without the use of, or assistance from, a	3206
brace, cane, crutch, another person, prosthetic device,	3207
wheelchair, or other assistive device;	3208

(c) Is restricted by a lung disease to such an extent that	3209
the person's forced (respiratory) expiratory volume for one	3210
second, when measured by spirometry, is less than one liter, or	3211
the arterial oxygen tension is less than sixty millimeters of	3212
mercury on room air at rest;	3213

(d) Uses portable oxygen;

3214

(e) Has a cardiac condition to the extent that the person's	3215
functional limitations are classified in severity as class III or	3216
class IV according to standards set by the American heart	3217
association;	3218

(f) Is severely limited in the ability to walk due to an	3219
arthritic, neurological, or orthopedic condition;	3220

(g) Is blind.

3221

(2) "Organization" means any private organization or	3222
corporation, or any governmental board, agency, department,	3223
division, or office, that, as part of its business or program,	3224
transports persons with disabilities that limit or impair the	3225
ability to walk on a regular basis in a motor vehicle that has not	3226
been altered for the purpose of providing it with special	3227
equipment for use by handicapped persons. This definition does not	3228
apply to division (J) of this section.	3229

(3) "Physician" means a person licensed to practice medicine	3230
or surgery or osteopathic medicine and surgery under Chapter 4731.	3231
of the Revised Code.	3232

(4) "Chiropractor" means a person licensed to practice	3233
chiropractic under Chapter 4734. of the Revised Code.	3234

(B) Any organization or person with a disability that limits	3235
or impairs the ability to walk may apply to the registrar of motor	3236
vehicles for a removable windshield placard or, if the person owns	3237
or leases a motor vehicle, the person may apply for the	3238
registration of any motor vehicle the person owns or leases. In	3239
addition to one or more sets of license plates or one placard, a	3240
person with a disability that limits or impairs the ability to	3241
walk is entitled to one additional placard, but only if the person	3242
applies separately for the additional placard, states the reasons	3243
why the additional placard is needed, and the registrar, in the	3244
registrar's discretion, determines that good and justifiable cause	3245
exists to approve the request for the additional placard. When a	3246
motor vehicle has been altered for the purpose of providing it	3247
with special equipment for a person with a disability that limits	3248
or impairs the ability to walk, but is owned or leased by someone	3249
other than such a person, the owner or lessee may apply to the	3250
registrar or a deputy registrar for registration under this	3251
section. The application for registration of a motor vehicle owned	3252
or leased by a person with a disability that limits or impairs the	3253
ability to walk shall be accompanied by a signed statement from	3254
the applicant's personal physician or chiropractor certifying that	3255
the applicant meets at least one of the criteria contained in	3256
division (A)(1) of this section and that the disability is	3257
expected to continue for more than six consecutive months. The	3258
application for a removable windshield placard made by a person	3259
with a disability that limits or impairs the ability to walk shall	3260
be accompanied by a prescription from the applicant's personal	3261
physician or chiropractor prescribing such a placard for the	3262
applicant, ~~and by a signed statement certifying~~provided that the	3263
applicant meets at least one of the criteria contained in division	3264
(A)(1) of this section. The physician or chiropractor shall state	3265
on the prescription the length of time the physician or	3266
chiropractor expects the applicant to have the disability that	3267
limits or impairs the applicant's ability to walk. The application	3268
for a removable windshield placard made by an organization shall	3269
be accompanied by such documentary evidence of regular transport	3270
of persons with disabilities that limit or impair the ability to	3271
walk by the organization as the registrar may require by rule and	3272
shall be completed in accordance with procedures that the	3273
registrar may require by rule. The application for registration of	3274
a motor vehicle that has been altered for the purpose of providing	3275
it with special equipment for a person with a disability that	3276
limits or impairs the ability to walk but is owned by someone	3277
other than such a person shall be accompanied by such documentary	3278
evidence of vehicle alterations as the registrar may require by	3279
rule.	3280

(C) When an organization, a person with a disability that	3281
limits or impairs the ability to walk, or a person who does not	3282
have a disability that limits or impairs the ability to walk but	3283
owns a motor vehicle that has been altered for the purpose of	3284
providing it with special equipment for a person with a disability	3285
that limits or impairs the ability to walk first submits an	3286
application for registration of a motor vehicle under this section	3287
and every fifth year thereafter, the organization or person shall	3288
submit a signed statement from the applicant's personal physician	3289
or chiropractor, a completed application, and any required	3290
documentary evidence of vehicle alterations as provided in	3291
division (B) of this section, and also a power of attorney from	3292
the owner of the motor vehicle if the applicant leases the	3293
vehicle. Upon submission of these items, the registrar or deputy	3294
registrar shall issue to the applicant appropriate vehicle	3295
registration and a set of license plates and validation stickers,	3296
or validation stickers alone when required by section 4503.191 of	3297
the Revised Code. In addition to the letters and numbers	3298
ordinarily inscribed thereon, the license plates shall be	3299
imprinted with the international symbol of access. The license	3300
plates and validation stickers shall be issued upon payment of the	3301
regular license fee as prescribed under section 4503.04 of the	3302
Revised Code and any motor vehicle tax levied under Chapter 4504.	3303
of the Revised Code, and the payment of a service fee equal to the	3304
amount specified in division (D) or (G) of section 4503.10 of the	3305
Revised Code.	3306

(D)(1) Upon receipt of a completed and signed application for	3307
a removable windshield placard, a prescription as described in	3308
division (B) of this section, documentary evidence of regular	3309
transport of persons with disabilities that limit or impair the	3310
ability to walk, if required, and payment of a service fee equal	3311
to the amount specified in division (D) or (G) of section 4503.10	3312
of the Revised Code, the registrar or deputy registrar shall issue	3313
to the applicant a removable windshield placard, which shall bear	3314
the date of expiration on both sides of the placard and shall be	3315
valid until expired, revoked, or surrendered. Every removable	3316
windshield placard expires as described in division (D)(2) of this	3317
section, but in no case shall a removable windshield placard be	3318
valid for a period of less than sixty days. Removable windshield	3319
placards shall be renewable upon application as provided in	3320
division (B) of this section, and a service fee equal to the	3321
amount specified in division (D) or (G) of section 4503.10 of the	3322
Revised Code shall be charged for the renewal of a removable	3323
windshield placard. The registrar shall provide the application	3324
form and shall determine the information to be included thereon.	3325
The registrar also shall determine the form and size of the	3326
removable windshield placard, the material of which it is to be	3327
made, and any other information to be included thereon, and shall	3328
adopt rules relating to the issuance, expiration, revocation,	3329
surrender, and proper display of such placards. Any placard issued	3330
after October 14, 1999, shall be manufactured in a manner that	3331
allows the expiration date of the placard to be indicated on it	3332
through the punching, drilling, boring, or creation by any other	3333
means of holes in the placard.	3334

(2) At the time a removable windshield placard is issued to a	3335
person with a disability that limits or impairs the ability to	3336
walk, the registrar or deputy registrar shall enter into the	3337
records of the bureau of motor vehicles the last date on which the	3338
person will have that disability, as indicated on the accompanying	3339
prescription. Not less than thirty days prior to that date and all	3340
removable windshield placard renewal dates, the bureau shall send	3341
a renewal notice to that person at the person's last known address	3342
as shown in the records of the bureau, informing the person that	3343
the person's removable windshield placard will expire on the	3344
indicated date not to exceed five years from the date of issuance,	3345
and that the person is required to renew the placard by submitting	3346
to the registrar or a deputy registrar another prescription, as	3347
described in division (B) of this section, and by complying with	3348
the renewal provisions prescribed in division (D)(1) of this	3349
section. If such a prescription is not received by the registrar	3350
or a deputy registrar by that date, the placard issued to that	3351
person expires and no longer is valid, and this fact shall be	3352
recorded in the records of the bureau.	3353

(3) At least once every year, on a date determined by the	3354
registrar, the bureau shall examine the records of the office of	3355
vital statistics, located within the department of health, that	3356
pertain to deceased persons, and also the bureau's records of all	3357
persons who have been issued removable windshield placards and	3358
temporary removable windshield placards. If the records of the	3359
office of vital statistics indicate that a person to whom a	3360
removable windshield placard or temporary removable windshield	3361
placard has been issued is deceased, the bureau shall cancel that	3362
placard, and note the cancellation in its records.	3363

The office of vital statistics shall make available to the	3364
bureau all information necessary to enable the bureau to comply	3365
with division (D)(3) of this section.	3366

(4) Nothing in this section shall be construed to require a	3367
person or organization to apply for a removable windshield placard	3368
or special license plates if the parking card or special license	3369
plates issued to the person or organization under prior law have	3370
not expired or been surrendered or revoked.	3371

(E)(1)(a) Any person with a disability that limits or impairs	3372
the ability to walk may apply to the registrar or a deputy	3373
registrar for a temporary removable windshield placard. The	3374
application for a temporary removable windshield placard shall be	3375
accompanied by a prescription from the applicant's personal	3376
physician or chiropractor prescribing such a placard for the	3377
applicant, ~~and by a signed statement certifying~~provided that the	3378
applicant meets at least one of the criteria contained in division	3379
(A)(1) of this section and that the disability is expected to	3380
continue for six consecutive months or less. The physician or	3381
chiropractor shall state on the prescription the length of time	3382
the physician or chiropractor expects the applicant to have the	3383
disability that limits or impairs the applicant's ability to walk,	3384
which cannot exceed six months from the date of the prescription.	3385
Upon receipt of an application for a temporary removable	3386
windshield placard, presentation of the prescription ~~and the~~	3387
~~signed statement~~ from the applicant's personal physician or	3388
chiropractor, and payment of a service fee equal to the amount	3389
specified in division (D) or (G) of section 4503.10 of the Revised	3390
Code, the registrar or deputy registrar shall issue to the	3391
applicant a temporary removable windshield placard. ~~The~~	3392

(b) Any active-duty member of the armed forces of the United	3393
States, including the reserve components of the armed forces and	3394
the national guard, who has an illness or injury that limits or	3395
impairs the ability to walk may apply to the registrar or a deputy	3396
registrar for a temporary removable windshield placard. With the	3397
application, the person shall present evidence of the person's	3398
active-duty status and the illness or injury. Evidence of the	3399
illness or injury may include a current department of defense	3400
convalescent leave statement, any department of defense document	3401
indicating that the person currently has an ill or injured	3402
casualty status or has limited duties, or a prescription from any	3403
physician or chiropractor prescribing the placard for the	3404
applicant. Upon receipt of the application and the necessary	3405
evidence, the registrar or deputy registrar shall issue the	3406
applicant the temporary removable windshield placard without the	3407
payment of any service fee.	3408

(2) The temporary removable windshield placard shall be of	3409
the same size and form as the removable windshield placard, shall	3410
be printed in white on a red-colored background, and shall bear	3411
the word "temporary" in letters of such size as the registrar	3412
shall prescribe. A temporary removable windshield placard also	3413
shall bear the date of expiration on the front and back of the	3414
placard, and shall be valid until expired, surrendered, or	3415
revoked, but in no case shall such a placard be valid for a period	3416
of less than sixty days. The registrar shall provide the	3417
application form and shall determine the information to be	3418
included on it, provided that the registrar shall not require a	3419
physician or chiropractor's prescription or certification for a	3420
person applying under division (E)(1)(b) of this section. The	3421
registrar also shall determine the material of which the temporary	3422
removable windshield placard is to be made and any other	3423
information to be included on the placard and shall adopt rules	3424
relating to the issuance, expiration, surrender, revocation, and	3425
proper display of those placards. Any temporary removable	3426
windshield placard issued after October 14, 1999, shall be	3427
manufactured in a manner that allows for the expiration date of	3428
the placard to be indicated on it through the punching, drilling,	3429
boring, or creation by any other means of holes in the placard.	3430

(F) If an applicant for a removable windshield placard is a	3431
veteran of the armed forces of the United States whose disability,	3432
as defined in division (A)(1) of this section, is	3433
service-connected, the registrar or deputy registrar, upon receipt	3434
of the application, presentation of a signed statement from the	3435
applicant's personal physician or chiropractor certifying the	3436
applicant's disability, and presentation of such documentary	3437
evidence from the department of veterans affairs that the	3438
disability of the applicant meets at least one of the criteria	3439
identified in division (A)(1) of this section and is	3440
service-connected as the registrar may require by rule, but	3441
without the payment of any service fee, shall issue the applicant	3442
a removable windshield placard that is valid until expired,	3443
surrendered, or revoked.	3444

(G) Upon a conviction of a violation of division ~~(H),~~ (I), or	3445
(J), or (K) of this section, the court shall report the	3446
conviction, and send the placard or parking card, if available, to	3447
the registrar, who thereupon shall revoke the privilege of using	3448
the placard or parking card and send notice in writing to the	3449
placardholder or cardholder at that holder's last known address as	3450
shown in the records of the bureau, and the placardholder or	3451
cardholder shall return the placard or card if not previously	3452
surrendered to the court, to the registrar within ten days	3453
following mailing of the notice.	3454

Whenever a person to whom a removable windshield placard or	3455
parking card has been issued moves to another state, the person	3456
shall surrender the placard or card to the registrar; and whenever	3457
an organization to which a placard or card has been issued changes	3458
its place of operation to another state, the organization shall	3459
surrender the placard or card to the registrar.	3460

~~(G)~~(H) Subject to division (F) of section 4511.69 of the	3461
Revised Code, the operator of a motor vehicle displaying a	3462
removable windshield placard, temporary removable windshield	3463
placard, parking card, or the special license plates authorized by	3464
this section is entitled to park the motor vehicle in any special	3465
parking location reserved for persons with disabilities that limit	3466
or impair the ability to walk, also known as handicapped parking	3467
spaces or disability parking spaces.	3468

~~(H)~~(I) No person or organization that is not eligible under	3469
division (B) or (E) of this section shall willfully and falsely	3470
represent that the person or organization is so eligible.	3471

No person or organization shall display license plates issued	3472
under this section unless the license plates have been issued for	3473
the vehicle on which they are displayed and are valid.	3474

~~(I)~~(J) No person or organization to which a removable	3475
windshield placard or temporary removable windshield placard is	3476
issued shall do either of the following:	3477

(1) Display or permit the display of the placard on any motor	3478
vehicle when having reasonable cause to believe the motor vehicle	3479
is being used in connection with an activity that does not include	3480
providing transportation for persons with disabilities that limit	3481
or impair the ability to walk;	3482

(2) Refuse to return or surrender the placard, when required.

3483

~~(J)~~(K)(1) No person or organization to which a parking card	3484
is issued shall do either of the following:	3485

(a) Display or permit the display of the parking card on any	3486
motor vehicle when having reasonable cause to believe the motor	3487
vehicle is being used in connection with an activity that does not	3488
include providing transportation for a handicapped person;	3489

(b) Refuse to return or surrender the parking card, when	3490
required.	3491

(2) As used in division ~~(J)~~(K) of this section:

3492

(a) "Handicapped person" means any person who has lost the	3493
use of one or both legs or one or both arms, who is blind, deaf,	3494
or so severely handicapped as to be unable to move about without	3495
the aid of crutches or a wheelchair, or whose mobility is	3496
restricted by a permanent cardiovascular, pulmonary, or other	3497
handicapping condition.	3498

(b) "Organization" means any private organization or	3499
corporation, or any governmental board, agency, department,	3500
division, or office, that, as part of its business or program,	3501
transports handicapped persons on a regular basis in a motor	3502
vehicle that has not been altered for the purposes of providing it	3503
with special equipment for use by handicapped persons.	3504

~~(K)~~(L) If a removable windshield placard, temporary removable	3505
windshield placard, or parking card is lost, destroyed, or	3506
mutilated, the placardholder or cardholder may obtain a duplicate	3507
by doing both of the following:	3508

(1) Furnishing suitable proof of the loss, destruction, or	3509
mutilation to the registrar;	3510

(2) Paying a service fee equal to the amount specified in	3511
division (D) or (G) of section 4503.10 of the Revised Code.	3512

Any placardholder or cardholder who loses a placard or card	3513
and, after obtaining a duplicate, finds the original, immediately	3514
shall surrender the original placard or card to the registrar.	3515

~~(L)~~(M) The registrar shall pay all fees received under this	3516
section for the issuance of removable windshield placards or	3517
temporary removable windshield placards or duplicate removable	3518
windshield placards or cards into the state treasury to the credit	3519
of the state bureau of motor vehicles fund created in section	3520
4501.25 of the Revised Code.	3521

~~(M)~~(N) For purposes of enforcing this section, every peace	3522
officer is deemed to be an agent of the registrar. Any peace	3523
officer or any authorized employee of the bureau of motor vehicles	3524
who, in the performance of duties authorized by law, becomes aware	3525
of a person whose placard or parking card has been revoked	3526
pursuant to this section, may confiscate that placard or parking	3527
card and return it to the registrar. The registrar shall prescribe	3528
any forms used by law enforcement agencies in administering this	3529
section.	3530

No peace officer, law enforcement agency employing a peace	3531
officer, or political subdivision or governmental agency employing	3532
a peace officer, and no employee of the bureau is liable in a	3533
civil action for damages or loss to persons arising out of the	3534
performance of any duty required or authorized by this section. As	3535
used in this division, "peace officer" has the same meaning as in	3536
division (B) of section 2935.01 of the Revised Code.	3537

~~(N)~~(O) All applications for registration of motor vehicles,	3538
removable windshield placards, and temporary removable windshield	3539
placards issued under this section, all renewal notices for such	3540
items, and all other publications issued by the bureau that relate	3541
to this section shall set forth the criminal penalties that may be	3542
imposed upon a person who violates any provision relating to	3543
special license plates issued under this section, the parking of	3544
vehicles displaying such license plates, and the issuance,	3545
procurement, use, and display of removable windshield placards and	3546
temporary removable windshield placards issued under this section.	3547

~~(O)~~(P) Whoever violates this section is guilty of a	3548
misdemeanor of the fourth degree.	3549

Sec. 4503.642. (A) There is hereby created in the bureau of	3550
motor vehicles a performance registration and information systems	3551
management program for coordinating motor carrier safety	3552
information with federal and state agencies. The registrar of	3553
motor vehicles shall collect and maintain necessary motor carrier,	3554
commercial motor vehicle, and driver data in a manner that	3555
complies with the information systems established by the United	3556
States secretary of transportation under 49 U.S.C. 31106.	3557

(B) The registrar shall refuse to issue a registration,	3558
license plate, permit, or certificate of title for any commercial	3559
motor vehicle that is assigned to a motor carrier that has been	3560
prohibited from operating by a federal agency. The registrar may	3561
allow a prohibited motor vehicle carrier to transfer title on a	3562
commercial motor vehicle if the prohibited carrier does not retain	3563
a direct or indirect interest in the vehicle.	3564

(C) The registrar shall suspend, revoke, deny, or remove the	3565
registration, license plates, or any permit issued to any	3566
commercial motor vehicle that is assigned to a motor carrier who	3567
has been prohibited from operating by a federal agency. The	3568
suspension, revocation, denial, or removal shall remain in effect	3569
until the carrier is no longer prohibited from operating by the	3570
federal agency. The suspension, revocation, denial, or removal	3571
shall apply to all commercial motor vehicles under the carrier's	3572
control.	3573

(D) A carrier or registrant whose privilege to operate a	3574
commercial motor vehicle has been suspended, revoked, denied, or	3575
removed under division (C) of this section may request a hearing	3576
in accordance with Chapter 119. of the Revised Code. The hearing	3577
shall be limited to whether the carrier or registrant has been	3578
correctly identified, whether the carrier or registrant has been	3579
prohibited from operating by the federal agency, and whether the	3580
federal agency subsequently has rescinded the prohibition.	3581

(E) The registrar shall restore a motor carrier's or	3582
registrant's privilege to register, transfer a title, or operate a	3583
commercial motor vehicle only upon acceptable notification from	3584
the federal agency that the prohibition has been removed and upon	3585
payment of all applicable taxes and fees.	3586

(F) The registrar shall take those steps necessary to	3587
implement this section, including the adoption of rules,	3588
procedures, and forms.	3589

Sec. 4504.01. As used in this chapter:

3590

(A) "Motor vehicle" means all vehicles included within the	3591
definition of motor vehicle in sections 4501.01 and 4505.01 of the	3592
Revised Code and also includes motorized bicycles. "Motor vehicle"	3593
does not include a concrete pump or a concrete conveyor.	3594

(B) "County motor vehicle license tax" means a tax imposed by	3595
a county pursuant to this chapter.	3596

(C) "Township motor vehicle license tax" means a tax imposed	3597
by a township pursuant to this chapter.	3598

(D) "Municipal motor vehicle license tax" means a tax imposed	3599
by a municipal corporation pursuant to this chapter.	3600

(E) "Registrar" means the registrar of motor vehicles as	3601
provided in section 4501.02 of the Revised Code.	3602

(F) "Deputy registrar" means any deputy appointed by the	3603
registrar of motor vehicles pursuant to sections 4501.02 and	3604
4503.03 of the Revised Code.	3605

Sec. 4505.022. The registrar of motor vehicles may adopt	3606
rules pursuant to Chapter 119. of the Revised Code to allow a	3607
motor vehicle auction owner licensed under section 4517.07 of the	3608
Revised Code to file an application for a certificate of title in	3609
an electronic manner approved by the registrar.	3610

Sec. 4505.032. (A)(1) If a person who is not an electronic	3611
motor vehicle dealer owns a motor vehicle for which a physical	3612
certificate of title has not been issued by a clerk of a court of	3613
common pleas and the person sells the motor vehicle to an	3614
~~electronic~~ a motor vehicle dealer licensed under Chapter 4517. of	3615
the Revised Code, the person is not required to obtain a physical	3616
certificate of title to the motor vehicle in order to transfer	3617
ownership to the dealer. The person shall present the dealer, in a	3618
manner approved by the registrar of motor vehicles, with	3619
sufficient proof of the person's identity and complete and sign a	3620
form prescribed by the registrar attesting to the person's	3621
identity and assigning the motor vehicle to the dealer. ~~The~~Except	3622
as otherwise provided in this section, the motor vehicle dealer	3623
shall present the assignment form to any clerk of a court of	3624
common pleas together with an application for a certificate of	3625
title and payment of the fees prescribed by section 4505.09 of the	3626
Revised Code.	3627

In a case in which a person who is the owner of a motor	3628
vehicle for which a physical certificate of title has not been	3629
issued assigns the motor vehicle to an electronic motor vehicle	3630
dealer, the electronic motor vehicle dealer ~~then shall~~instead may	3631
inform a clerk of a court of common pleas via electronic means of	3632
the sale of the motor vehicle and assignment of ownership of the	3633
vehicle to the dealer. The clerk shall enter the information	3634
relating to the assignment, including, but not limited to, the	3635
odometer disclosure statement required by section 4505.06 of the	3636
Revised Code, into the automated title processing system, and	3637
ownership of the vehicle passes to the dealer when the clerk	3638
enters this information into the system. The dealer is not	3639
required to obtain a certificate of title to the vehicle in the	3640
dealer's name.	3641

(2) A clerk shall charge and collect from a dealer a fee of	3642
five dollars for each motor vehicle assigned to the dealer under	3643
division (A)(1) of this section. The fee shall be distributed in	3644
accordance with section 4505.09 of the Revised Code.	3645

(B) If a person who is not an electronic motor vehicle dealer	3646
owns a motor vehicle for which a physical certificate of title has	3647
not been issued by a clerk of a court of common pleas and the	3648
person sells the motor vehicle to a person who is not an	3649
~~electronic~~a motor vehicle dealer licensed under Chapter 4517. of	3650
the Revised Code, the person shall obtain a physical certificate	3651
of title to the motor vehicle in order to transfer ownership of	3652
the vehicle to ~~the~~that person ~~who is not an electronic motor~~	3653
~~vehicle dealer~~.	3654

Sec. 4505.06. (A)(1) Application for a certificate of title	3655
shall be made in a form prescribed by the registrar of motor	3656
vehicles and shall be sworn to before a notary public or other	3657
officer empowered to administer oaths. The application shall be	3658
filed with the clerk of any court of common pleas. An application	3659
for a certificate of title may be filed electronically by any	3660
electronic means approved by the registrar in any county with the	3661
clerk of the court of common pleas of that county. Any payments	3662
required by this chapter shall be considered as accompanying any	3663
electronically transmitted application when payment actually is	3664
received by the clerk. Payment of any fee or taxes may be made by	3665
electronic transfer of funds.	3666

(2) The application for a certificate of title shall be	3667
accompanied by the fee prescribed in section 4505.09 of the	3668
Revised Code. The fee shall be retained by the clerk who issues	3669
the certificate of title and shall be distributed in accordance	3670
with that section. If a clerk of a court of common pleas, other	3671
than the clerk of the court of common pleas of an applicant's	3672
county of residence, issues a certificate of title to the	3673
applicant, the clerk shall transmit data related to the	3674
transaction to the automated title processing system.	3675

(3) If a certificate of title previously has been issued for	3676
a motor vehicle in this state, the application for a certificate	3677
of title also shall be accompanied by that certificate of title	3678
duly assigned, unless otherwise provided in this chapter. If a	3679
certificate of title previously has not been issued for the motor	3680
vehicle in this state, the application, unless otherwise provided	3681
in this chapter, shall be accompanied by a manufacturer's or	3682
importer's certificate or by a certificate of title of another	3683
state from which the motor vehicle was brought into this state. If	3684
the application refers to a motor vehicle last previously	3685
registered in another state, the application also shall be	3686
accompanied by the physical inspection certificate required by	3687
section 4505.061 of the Revised Code. If the application is made	3688
by two persons regarding a motor vehicle in which they wish to	3689
establish joint ownership with right of survivorship, they may do	3690
so as provided in section 2131.12 of the Revised Code. If the	3691
applicant requests a designation of the motor vehicle in	3692
beneficiary form so that upon the death of the owner of the motor	3693
vehicle, ownership of the motor vehicle will pass to a designated	3694
transfer-on-death beneficiary or beneficiaries, the applicant may	3695
do so as provided in section 2131.13 of the Revised Code. A person	3696
who establishes ownership of a motor vehicle that is transferable	3697
on death in accordance with section 2131.13 of the Revised Code	3698
may terminate that type of ownership or change the designation of	3699
the transfer-on-death beneficiary or beneficiaries by applying for	3700
a certificate of title pursuant to this section. The clerk shall	3701
retain the evidence of title presented by the applicant and on	3702
which the certificate of title is issued, except that, if an	3703
application for a certificate of title is filed electronically by	3704
an electronic motor vehicle dealer on behalf of the purchaser of a	3705
motor vehicle, the clerk shall retain the completed electronic	3706
record to which the dealer converted the certificate of title	3707
application and other required documents. The registrar, after	3708
consultation with the attorney general, shall adopt rules that	3709
govern the location at which, and the manner in which, are stored	3710
the actual application and all other documents relating to the	3711
sale of a motor vehicle when an electronic motor vehicle dealer	3712
files the application for a certificate of title electronically on	3713
behalf of the purchaser.	3714

The clerk shall use reasonable diligence in ascertaining	3715
whether or not the facts in the application for a certificate of	3716
title are true by checking the application and documents	3717
accompanying it or the electronic record to which a dealer	3718
converted the application and accompanying documents with the	3719
records of motor vehicles in the clerk's office. If the clerk is	3720
satisfied that the applicant is the owner of the motor vehicle and	3721
that the application is in the proper form, the clerk, within five	3722
business days after the application is filed, shall issue a	3723
physical certificate of title over the clerk's signature and	3724
sealed with the clerk's seal, unless the applicant specifically	3725
requests the clerk not to issue a physical certificate of title	3726
and instead to issue an electronic certificate of title. For	3727
purposes of the transfer of a certificate of title, if the clerk	3728
is satisfied that the secured party has duly discharged a lien	3729
notation but has not canceled the lien notation with a clerk, the	3730
clerk may cancel the lien notation on the automated title	3731
processing system and notify the clerk of the county of origin.	3732

(4) In the case of the sale of a motor vehicle to a general	3733
buyer or user by a dealer, by a motor vehicle leasing dealer	3734
selling the motor vehicle to the lessee or, in a case in which the	3735
leasing dealer subleased the motor vehicle, the sublessee, at the	3736
end of the lease agreement or sublease agreement, or by a	3737
manufactured home broker, the certificate of title shall be	3738
obtained in the name of the buyer by the dealer, leasing dealer,	3739
or manufactured home broker, as the case may be, upon application	3740
signed by the buyer. The certificate of title shall be issued, or	3741
the process of entering the certificate of title application	3742
information into the automated title processing system if a	3743
physical certificate of title is not to be issued shall be	3744
completed, within five business days after the application for	3745
title is filed with the clerk. If the buyer of the motor vehicle	3746
previously leased the motor vehicle and is buying the motor	3747
vehicle at the end of the lease pursuant to that lease, the	3748
certificate of title shall be obtained in the name of the buyer by	3749
the motor vehicle leasing dealer who previously leased the motor	3750
vehicle to the buyer or by the motor vehicle leasing dealer who	3751
subleased the motor vehicle to the buyer under a sublease	3752
agreement.	3753

In all other cases, except as provided in section 4505.032	3754
and division (D)(2) of section 4505.11 of the Revised Code, such	3755
certificates shall be obtained by the buyer.	3756

(5)(a)(i) If the certificate of title is being obtained in	3757
the name of the buyer by a motor vehicle dealer or motor vehicle	3758
leasing dealer and there is a security interest to be noted on the	3759
certificate of title, the dealer or leasing dealer shall submit	3760
the application for the certificate of title and payment of the	3761
applicable tax to a clerk within seven business days after the	3762
later of the delivery of the motor vehicle to the buyer or the	3763
date the dealer or leasing dealer obtains the manufacturer's or	3764
importer's certificate, or certificate of title issued in the name	3765
of the dealer or leasing dealer, for the motor vehicle. Submission	3766
of the application for the certificate of title and payment of the	3767
applicable tax within the required seven business days may be	3768
indicated by postmark or receipt by a clerk within that period.	3769

(ii) Upon receipt of the certificate of title with the	3770
security interest noted on its face, the dealer or leasing dealer	3771
shall forward the certificate of title to the secured party at the	3772
location noted in the financing documents or otherwise specified	3773
by the secured party.	3774

(iii) A motor vehicle dealer or motor vehicle leasing dealer	3775
is liable to a secured party for a late fee of ten dollars per day	3776
for each certificate of title application and payment of the	3777
applicable tax that is submitted to a clerk more than seven	3778
business days but less than twenty-one days after the later of the	3779
delivery of the motor vehicle to the buyer or the date the dealer	3780
or leasing dealer obtains the manufacturer's or importer's	3781
certificate, or certificate of title issued in the name of the	3782
dealer or leasing dealer, for the motor vehicle and, from then on,	3783
twenty-five dollars per day until the application and applicable	3784
tax are submitted to a clerk.	3785

(b) In all cases of transfer of a motor vehicle, the	3786
application for certificate of title shall be filed within thirty	3787
days after the assignment or delivery of the motor vehicle. If an	3788
application for a certificate of title is not filed within the	3789
period specified in division (A)(5)(b) of this section, the clerk	3790
shall collect a fee of five dollars for the issuance of the	3791
certificate, except that no such fee shall be required from a	3792
motor vehicle salvage dealer, as defined in division (A) of	3793
section 4738.01 of the Revised Code, who immediately surrenders	3794
the certificate of title for cancellation. The fee shall be in	3795
addition to all other fees established by this chapter, and shall	3796
be retained by the clerk. The registrar shall provide, on the	3797
certificate of title form prescribed by section 4505.07 of the	3798
Revised Code, language necessary to give evidence of the date on	3799
which the assignment or delivery of the motor vehicle was made.	3800

(6) As used in division (A) of this section, "lease	3801
agreement," "lessee," and "sublease agreement" have the same	3802
meanings as in section 4505.04 of the Revised Code.	3803

(B) The clerk, except as provided in this section, shall	3804
refuse to accept for filing any application for a certificate of	3805
title and shall refuse to issue a certificate of title unless the	3806
dealer or manufactured home broker or the applicant, in cases in	3807
which the certificate shall be obtained by the buyer, submits with	3808
the application payment of the tax levied by or pursuant to	3809
Chapters 5739. and 5741. of the Revised Code based on the	3810
purchaser's county of residence. Upon payment of the tax in	3811
accordance with division (E) of this section, the clerk shall	3812
issue a receipt prescribed by the registrar and agreed upon by the	3813
tax commissioner showing payment of the tax or a receipt issued by	3814
the commissioner showing the payment of the tax. When submitting	3815
payment of the tax to the clerk, a dealer shall retain any	3816
discount to which the dealer is entitled under section 5739.12 of	3817
the Revised Code.	3818

For receiving and disbursing such taxes paid to the clerk by	3819
a resident of the clerk's county, the clerk may retain a poundage	3820
fee of one and one one-hundredth per cent, and the clerk shall pay	3821
the poundage fee into the certificate of title administration fund	3822
created by section 325.33 of the Revised Code. The clerk shall not	3823
retain a poundage fee from payments of taxes by persons who do not	3824
reside in the clerk's county.	3825

A clerk, however, may retain from the taxes paid to the clerk	3826
an amount equal to the poundage fees associated with certificates	3827
of title issued by other clerks of courts of common pleas to	3828
applicants who reside in the first clerk's county. The registrar,	3829
in consultation with the tax commissioner and the clerks of the	3830
courts of common pleas, shall develop a report from the automated	3831
title processing system that informs each clerk of the amount of	3832
the poundage fees that the clerk is permitted to retain from those	3833
taxes because of certificates of title issued by the clerks of	3834
other counties to applicants who reside in the first clerk's	3835
county.	3836

In the case of casual sales of motor vehicles, as defined in	3837
section 4517.01 of the Revised Code, the price for the purpose of	3838
determining the tax shall be the purchase price on the assigned	3839
certificate of title executed by the seller and filed with the	3840
clerk by the buyer on a form to be prescribed by the registrar,	3841
which shall be prima-facie evidence of the amount for the	3842
determination of the tax.	3843

(C)(1) If the transferor indicates on the certificate of	3844
title that the odometer reflects mileage in excess of the designed	3845
mechanical limit of the odometer, the clerk shall enter the phrase	3846
"exceeds mechanical limits" following the mileage designation. If	3847
the transferor indicates on the certificate of title that the	3848
odometer reading is not the actual mileage, the clerk shall enter	3849
the phrase "nonactual: warning - odometer discrepancy" following	3850
the mileage designation. The clerk shall use reasonable care in	3851
transferring the information supplied by the transferor, but is	3852
not liable for any errors or omissions of the clerk or those of	3853
the clerk's deputies in the performance of the clerk's duties	3854
created by this chapter.	3855

The registrar shall prescribe an affidavit in which the	3856
transferor shall swear to the true selling price and, except as	3857
provided in this division, the true odometer reading of the motor	3858
vehicle. The registrar may prescribe an affidavit in which the	3859
seller and buyer provide information pertaining to the odometer	3860
reading of the motor vehicle in addition to that required by this	3861
section, as such information may be required by the United States	3862
secretary of transportation by rule prescribed under authority of	3863
subchapter IV of the "Motor Vehicle Information and Cost Savings	3864
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	3865

(2) Division (C)(1) of this section does not require the	3866
giving of information concerning the odometer and odometer reading	3867
of a motor vehicle when ownership of a motor vehicle is being	3868
transferred as a result of a bequest, under the laws of intestate	3869
succession, to a survivor pursuant to section 2106.18, 2131.12, or	3870
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	3871
beneficiaries pursuant to section 2131.13 of the Revised Code, or	3872
in connection with the creation of a security interest or for a	3873
vehicle with a gross vehicle weight rating of more than sixteen	3874
thousand pounds.	3875

(D) When the transfer to the applicant was made in some other	3876
state or in interstate commerce, the clerk, except as provided in	3877
this section, shall refuse to issue any certificate of title	3878
unless the tax imposed by or pursuant to Chapter 5741. of the	3879
Revised Code based on the purchaser's county of residence has been	3880
paid as evidenced by a receipt issued by the tax commissioner, or	3881
unless the applicant submits with the application payment of the	3882
tax. Upon payment of the tax in accordance with division (E) of	3883
this section, the clerk shall issue a receipt prescribed by the	3884
registrar and agreed upon by the tax commissioner, showing payment	3885
of the tax.	3886

For receiving and disbursing such taxes paid to the clerk by	3887
a resident of the clerk's county, the clerk may retain a poundage	3888
fee of one and one one-hundredth per cent. The clerk shall not	3889
retain a poundage fee from payments of taxes by persons who do not	3890
reside in the clerk's county.	3891

A clerk, however, may retain from the taxes paid to the clerk	3892
an amount equal to the poundage fees associated with certificates	3893
of title issued by other clerks of courts of common pleas to	3894
applicants who reside in the first clerk's county. The registrar,	3895
in consultation with the tax commissioner and the clerks of the	3896
courts of common pleas, shall develop a report from the automated	3897
title processing system that informs each clerk of the amount of	3898
the poundage fees that the clerk is permitted to retain from those	3899
taxes because of certificates of title issued by the clerks of	3900
other counties to applicants who reside in the first clerk's	3901
county.	3902

When the vendor is not regularly engaged in the business of	3903
selling motor vehicles, the vendor shall not be required to	3904
purchase a vendor's license or make reports concerning those	3905
sales.	3906

(E) The clerk shall accept any payment of a tax in cash, or	3907
by cashier's check, certified check, draft, money order, or teller	3908
check issued by any insured financial institution payable to the	3909
clerk and submitted with an application for a certificate of title	3910
under division (B) or (D) of this section. The clerk also may	3911
accept payment of the tax by corporate, business, or personal	3912
check, credit card, electronic transfer or wire transfer, debit	3913
card, or any other accepted form of payment made payable to the	3914
clerk. The clerk may require bonds, guarantees, or letters of	3915
credit to ensure the collection of corporate, business, or	3916
personal checks. Any service fee charged by a third party to a	3917
clerk for the use of any form of payment may be paid by the clerk	3918
from the certificate of title administration fund created in	3919
section 325.33 of the Revised Code, or may be assessed by the	3920
clerk upon the applicant as an additional fee. Upon collection,	3921
the additional fees shall be paid by the clerk into that	3922
certificate of title administration fund.	3923

The clerk shall make a good faith effort to collect any	3924
payment of taxes due but not made because the payment was returned	3925
or dishonored, but the clerk is not personally liable for the	3926
payment of uncollected taxes or uncollected fees. The clerk shall	3927
notify the tax commissioner of any such payment of taxes that is	3928
due but not made and shall furnish the information to the	3929
commissioner that the commissioner requires. The clerk shall	3930
deduct the amount of taxes due but not paid from the clerk's	3931
periodic remittance of tax payments, in accordance with procedures	3932
agreed upon by the tax commissioner. The commissioner may collect	3933
taxes due by assessment in the manner provided in section 5739.13	3934
of the Revised Code.	3935

Any person who presents payment that is returned or	3936
dishonored for any reason is liable to the clerk for payment of a	3937
penalty over and above the amount of the taxes due. The clerk	3938
shall determine the amount of the penalty, and the penalty shall	3939
be no greater than that amount necessary to compensate the clerk	3940
for banking charges, legal fees, or other expenses incurred by the	3941
clerk in collecting the returned or dishonored payment. The	3942
remedies and procedures provided in this section are in addition	3943
to any other available civil or criminal remedies. Subsequently	3944
collected penalties, poundage fees, and title fees, less any title	3945
fee due the state, from returned or dishonored payments collected	3946
by the clerk shall be paid into the certificate of title	3947
administration fund. Subsequently collected taxes, less poundage	3948
fees, shall be sent by the clerk to the treasurer of state at the	3949
next scheduled periodic remittance of tax payments, with	3950
information as the commissioner may require. The clerk may abate	3951
all or any part of any penalty assessed under this division.	3952

(F) In the following cases, the clerk shall accept for filing	3953
an application and shall issue a certificate of title without	3954
requiring payment or evidence of payment of the tax:	3955

(1) When the purchaser is this state or any of its political	3956
subdivisions, a church, or an organization whose purchases are	3957
exempted by section 5739.02 of the Revised Code;	3958

(2) When the transaction in this state is not a retail sale	3959
as defined by section 5739.01 of the Revised Code;	3960

(3) When the purchase is outside this state or in interstate	3961
commerce and the purpose of the purchaser is not to use, store, or	3962
consume within the meaning of section 5741.01 of the Revised Code;	3963

(4) When the purchaser is the federal government;

3964

(5) When the motor vehicle was purchased outside this state	3965
for use outside this state;	3966

(6) When the motor vehicle is purchased by a nonresident of	3967
this state for immediate removal from this state, and will be	3968
permanently titled and registered in another state, as provided by	3969
division (B)(23) of section 5739.02 of the Revised Code, and upon	3970
presentation of a copy of the affidavit provided by that section,	3971
and a copy of the exemption certificate provided by section	3972
5739.03 of the Revised Code.	3973

The clerk shall forward all payments of taxes, less poundage	3974
fees, to the treasurer of state in a manner to be prescribed by	3975
the tax commissioner and shall furnish information to the	3976
commissioner as the commissioner requires.	3977

(G) An application, as prescribed by the registrar and agreed	3978
to by the tax commissioner, shall be filled out and sworn to by	3979
the buyer of a motor vehicle in a casual sale. The application	3980
shall contain the following notice in bold lettering: "WARNING TO	3981
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	3982
law to state the true selling price. A false statement is in	3983
violation of section 2921.13 of the Revised Code and is punishable	3984
by six months' imprisonment or a fine of up to one thousand	3985
dollars, or both. All transfers are audited by the department of	3986
taxation. The seller and buyer must provide any information	3987
requested by the department of taxation. The buyer may be assessed	3988
any additional tax found to be due."	3989

(H) For sales of manufactured homes or mobile homes occurring	3990
on or after January 1, 2000, the clerk shall accept for filing,	3991
pursuant to Chapter 5739. of the Revised Code, an application for	3992
a certificate of title for a manufactured home or mobile home	3993
without requiring payment of any tax pursuant to section 5739.02,	3994
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	3995
issued by the tax commissioner showing payment of the tax. For	3996
sales of manufactured homes or mobile homes occurring on or after	3997
January 1, 2000, the applicant shall pay to the clerk an	3998
additional fee of five dollars for each certificate of title	3999
issued by the clerk for a manufactured or mobile home pursuant to	4000
division (H) of section 4505.11 of the Revised Code and for each	4001
certificate of title issued upon transfer of ownership of the	4002
home. The clerk shall credit the fee to the county certificate of	4003
title administration fund, and the fee shall be used to pay the	4004
expenses of archiving those certificates pursuant to division (A)	4005
of section 4505.08 and division (H)(3) of section 4505.11 of the	4006
Revised Code. The tax commissioner shall administer any tax on a	4007
manufactured or mobile home pursuant to Chapters 5739. and 5741.	4008
of the Revised Code.	4009

(I) Every clerk shall have the capability to transact by	4010
electronic means all procedures and transactions relating to the	4011
issuance of motor vehicle certificates of title that are described	4012
in the Revised Code as being accomplished by electronic means.	4013

Sec. 4505.07. (A) A physical certificate of title shall be	4014
printed upon a special paper with a secure printing process or	4015
other secure process, for the printing of motor vehicle titles, as	4016
required by section 2 of the "Truth in Mileage Act of 1986," 100	4017
Stat. 3309, 15 U.S.C.A. 1901 et seq.	4018

An electronic certificate of title is an electronic record	4019
stored in the automated title processing system that established	4020
ownership of a motor vehicle, as well as any security interests	4021
that exist in that motor vehicle.	4022

(B) Every certificate of title shall bear the distinguishing	4023
number assigned to the title, and shall contain, on the front of	4024
the certificate, the following information:	4025

(1) An indication that the certificate is issued in this	4026
state;	4027

(2) The county in which the certificate is issued;

4028

(3) An indication that the certificate is an original,	4029
memorandum, duplicate, or salvage certificate;	4030

(4) The date of issuance of the certificate;

4031

(5) The name and address of the owner, in full;

4032

(6) The name and address of the previous owner, in full;

4033

(7) The previous certificate of title number;

4034

(8) The state in which the vehicle previously was titled;

4035

(9) The make, body type, year, model, and vehicle	4036
identification number of the vehicle;	4037

(10) First and second lien notation information, including	4038
the name and address of the lienholder in full and the date of the	4039
lien notation;	4040

(11) For discharging and canceling the lien notation, a	4041
notice that states: "lien discharge," a space for the signature of	4042
the lienholder, the discharge date, a space for the signature of	4043
the clerk of the court of common pleas, the cancellation date, and	4044
a space for the notation of the deputy clerk;	4045

(12) The purchase price of the motor vehicle and the amount	4046
of Ohio sales or use tax paid;	4047

(13) The mileage registered on the odometer and the status of	4048
the odometer of the vehicle at the time the previous title was	4049
assigned;	4050

(14) A space for the seal of the clerk;

4051

(15) The signature of the clerk;

4052

(16) A space for the notation of the deputy clerk;

4053

(17) A space for other pertinent information as may be	4054
required by the registrar of motor vehicles;	4055

(18) A consecutive number for control purposes;

4056

(19) In the case of a vehicle last previously registered in	4057
another state, a space to be used for recording any notation	4058
applicable to the vehicle and the abbreviation of the state in	4059
which the vehicle was last registered, as required by divisions	4060
(B)(1) and (2) of section 4505.08 of the Revised Code;	4061

(20) In the case of a vehicle last previously registered in	4062
this state, a space to be used for recording any information	4063
applicable to the vehicle as required by division (C) of section	4064
4505.08 of the Revised Code or by rule of the registrar of motor	4065
vehicles adopted under that division.	4066

(C) If the certificate of title is a duplicate certificate,	4067
that fact and the original title number must be stated on the	4068
front of the duplicate certificate.	4069

(D) If the certificate of title is a memorandum certificate,	4070
that fact and the original title number must be stated on the	4071
front of the memorandum certificate.	4072

(E) If the certificate of title is a salvage certificate,	4073
that fact and the original title number must be stated on the	4074
front of the salvage certificate.	4075

(F) The following information shall appear on the reverse	4076
side of each certificate of title:	4077

(1) A notice in bold lettering that states: "ERASURES AND	4078
ALTERATIONS VOID THIS TITLE ASSIGNMENT. (Type or print in ink.)";	4079

(2) The total consideration of the vehicle;

4080

(3) A disclosure that states: "I (we) certify the vehicle	4081
described in this title was transferred for the price of	4082
$.......... to:" and the printed name and address of the buyer in	4083
full;	4084

(4) An odometer certification statement that states: "Federal	4085
and state laws require that you state the mileage in connection	4086
with transfer of ownership. Failure to complete or providing false	4087
information may result in fines and imprisonment."	4088

The odometer certification language as required by federal law and	4089
division (C) of section 4505.06 of the Revised Code.	4090

(5) A disclosure that states: "I (we) warrant the title to be	4091
free of all liens."	4092

(6) A space for the signature of the transferor and the	4093
transferor's printed name and address in full;	4094

(7) A space for the seal of the clerk or a notary;

4095

(8) The acknowledgment statement of the clerk, the deputy	4096
clerk, or a notary;	4097

(9) A space for the signature of the clerk, the deputy clerk,	4098
or a notary;	4099

(10) The buyer's odometer acknowledgment statement, with a	4100
space for the buyer's printed name and address;	4101

(11) A notice in bold lettering that states: "WARNING TO	4102
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	4103
law to state the true selling price. A false statement is in	4104
violation of section 2921.13 of the Revised Code and is punishable	4105
by six months' imprisonment or a fine of up to one thousand	4106
dollars, or both. All transfers are audited by the department of	4107
taxation.	4108

The seller and buyer must provide any information requested	4109
by the department of taxation. The buyer may be assessed any	4110
additional tax found to be due."	4111

(12) An application for a certificate of title, memorandum	4112
certificate of title, or salvage certificate of title, as	4113
prescribed by the registrar, which shall include all of the	4114
following:	4115

(a) A disclosure that states: "Application for certificate of	4116
title (type or print in ink)";	4117

(b) A disclosure that states: "Fee of $5.00 for failure to	4118
apply for title within 30 days of assignment.";	4119

4120

(d) A space for the applicant's social security number or	4121
employer's identification number;	4122

(e) A space for the purchase price, tax paid, or tax	4123
exemption reason, or dealer's permit number, and vendor's number,	4124
and condition of the vehicle;	4125

(f) A disclosure statement that states: "Lien information: If	4126
no lien state "none." If more than one lien, attach statement of	4127
all additional liens.";	4128

(g) A space for the lienholder's name and address;

4129

(h) A disclosure statement that states: "I (we) state that	4130
all information contained in this application is true and	4131
correct.";	4132

(i) A space for the applicant's signature;

4133

(j) A space for the acknowledgment statement of the clerk,	4134
the deputy clerk, or a notary;	4135

(k) A space for the seal of the clerk or a notary;

4136

(l) A space for the signature of the clerk, the deputy clerk,	4137
or a notary;	4138

(m) Any other pertinent information as may be required by the	4139
registrar.	4140

Sec. 4505.08. (A) When the clerk of a court of common pleas	4141
issues a physical certificate of title, the clerk shall issue the	4142
certificate of title ~~in duplicate. One copy shall be retained and~~	4143
~~filed by the clerk in the clerk's office~~on a form and in a manner	4144
prescribed by the registrar of motor vehicles. The clerk shall	4145
file a copy of the physical evidence for the creation of the	4146
certificate of title in a manner prescribed by the registrar. A	4147
clerk may retain digital images of documents used as evidence for	4148
issuance of a certificate of title. Certified printouts of	4149
documents retained as digital images shall have the same	4150
evidentiary value as the original physical documents. The record	4151
of the issuance of the certificate of title shall be maintained in	4152
the automated title processing system. The clerk shall sign and	4153
affix the clerk's seal to the original certificate of title and,	4154
if there are no liens on the motor vehicle, shall deliver the	4155
certificate to the applicant or the selling dealer. If there are	4156
one or more liens on the motor vehicle, the certificate of title	4157
shall be delivered to the holder of the first lien or the selling	4158
dealer, who shall deliver the certificate of title to the holder	4159
of the first lien.	4160

The registrar ~~of motor vehicles~~ shall prescribe a uniform	4161
method of numbering certificates of title, and such numbering	4162
shall be in such manner that the county of issuance is indicated.	4163
The clerk shall assign numbers to certificates of title in the	4164
manner prescribed by the registrar. The clerk shall file all	4165
certificates of title according to rules to be prescribed by the	4166
registrar, and the clerk shall maintain in the clerk's office	4167
indexes for the certificates of title.	4168

The clerk need not retain on file any current certificates of	4169
title, current duplicate certificates of title, current memorandum	4170
certificates of title, or current salvage certificates of title,	4171
or supporting evidence of them~~, including the electronic record~~	4172
~~described in division (A) of section 4505.06 of the Revised Code,~~	4173
covering any motor vehicle or manufactured or mobile home for a	4174
period longer than seven years after the date of its filing;	4175
thereafter, the documents and supporting evidence may be	4176
destroyed. The clerk need not retain on file any inactive records,	4177
including certificates of title, duplicate certificates of title,	4178
or memorandum certificates of title, or supporting evidence of	4179
them, including the electronic record described in division (A) of	4180
section 4505.06 of the Revised Code, covering any motor vehicle or	4181
manufactured or mobile home for a period longer than five years	4182
after the date of its filing; thereafter, the documents and	4183
supporting evidence may be destroyed.	4184

The automated title processing system shall contain all	4185
active records and an index of the active records, a record and	4186
index of all inactive titles for ten years, and a record and index	4187
of all inactive titles for manufactured and mobile homes for	4188
thirty years. If the clerk provides a written copy of any	4189
information contained in the database, the copy shall be	4190
considered the original for purposes of the clerk certifying the	4191
record of the information for use in any legal proceeding.	4192

(B)(1) If the clerk issues a certificate of title for a	4193
motor vehicle that was last previously registered in another	4194
state, the clerk shall record verbatim, where practicable, in the	4195
space on the title described in division (B)(19) of section	4196
4505.07 of the Revised Code, the words that appear as a notation	4197
to the vehicle on the title issued by the previous state. These	4198
notations may include, but are not limited to, words to the	4199
effect that the vehicle was considered or was categorized by the	4200
state in which it was last previously registered to be a law	4201
enforcement vehicle or a taxicab or was once in a flood.	4202

(2) If the clerk, while issuing a certificate of title for a	4203
motor vehicle that was last previously registered in another	4204
state, receives information from the automated title processing	4205
system indicating that a title to the vehicle previously was	4206
issued by this state and that the previous title contained	4207
notations that appeared in the space described in division (B)(19)	4208
or (20) of section 4505.07 of the Revised Code, the clerk shall	4209
enter the notations that appeared on the previous certificate of	4210
title issued by this state on the new certificate of title in the	4211
space described in division (B)(19) or (20) of section 4505.07 of	4212
the Revised Code, irrespective of whether the notations appear on	4213
the certificate of title issued by the state in which the vehicle	4214
was last previously registered.	4215

(3) If the clerk, while issuing a certificate of title for a	4216
motor vehicle that was last previously registered in another	4217
state, receives information from the automated title processing	4218
system indicating that the vehicle was previously issued a title	4219
by this state and that the previous title bore the notation	4220
"REBUILT SALVAGE" as required by division (E) of section 4505.11	4221
of the Revised Code, or the previous title to the vehicle issued	4222
by this state was a salvage certificate of title, the clerk shall	4223
cause the certificate of title the clerk issues to bear the	4224
notation "REBUILT SALVAGE" in the location prescribed by the	4225
registrar pursuant to that division.	4226

(C) When the clerk issues a certificate of title for a motor	4227
vehicle that was last previously registered in this state and was	4228
a law enforcement vehicle or a taxicab or was once in a flood,	4229
the clerk shall record that information in the space on the title	4230
described in division (B)(20) of section 4505.07 of the Revised	4231
Code. The registrar, by rule, may prescribe any additional uses	4232
of or happenings to a motor vehicle that the registrar has reason	4233
to believe should be noted on the certificate of title as	4234
provided in this division.	4235

(D) The clerk shall use reasonable care in recording or	4236
entering onto titles the clerk issues any notation and	4237
information the clerk is required by divisions (B) and (C) of this	4238
section to record or enter and in causing the titles the clerk	4239
issues to bear any notation required by those divisions, but the	4240
clerk is not liable for any of the clerk's errors or omissions or	4241
those of the clerk's deputies, or the automated title processing	4242
system, in the performance of the duties imposed on the clerk by	4243
this section.	4244

(E) The clerk may issue a duplicate title, when duly applied	4245
for, of any title that has been destroyed as herein provided.	4246

(F) The clerk shall issue a physical certificate of title to	4247
an applicant unless the applicant specifically requests the clerk	4248
not to issue a physical certificate of title and instead to issue	4249
an electronic certificate of title. The fact that a physical	4250
certificate of title is not issued for a motor vehicle does not	4251
affect ownership of the vehicle. In that case, when the clerk	4252
completes the process of entering certificate of title application	4253
information into the automated title processing system, the effect	4254
of the completion of the process is the same as if the clerk	4255
actually issued a physical certificate of title for the motor	4256
vehicle.	4257

(G) An electronic motor vehicle dealer who applies for a	4258
certificate of title on behalf of a customer who purchases a motor	4259
vehicle from the dealer may print a non-negotiable evidence of	4260
ownership for the customer if the customer so requests. The	4261
authorization to print the non-negotiable evidence of ownership	4262
shall come from the clerk with whom the dealer makes application	4263
for the certificate of title for the customer, but the printing by	4264
the dealer does not create an agency relationship of any kind	4265
between the dealer and the clerk.	4266

(H) ~~If an electronic certificate of title previously has been~~	4267
~~issued for a motor vehicle, the~~The owner of ~~the~~a motor vehicle	4268
may apply at any time to a clerk of a court of common pleas for a	4269
non-negotiable evidence of ownership for the motor vehicle.	4270

Sec. 4505.09. (A) The clerk of a court of common pleas	4271
shall charge a fee of five dollars for each certificate of title	4272
that is not applied for within thirty days after the later of the	4273
assignment or delivery of the motor vehicle described in it. The	4274
fees shall be retained by the clerk.	4275

In addition to those fees, the clerk shall charge a fee of	4276
five dollars for each certificate of title, duplicate certificate	4277
of title, memorandum certificate of title, authorization to print	4278
a non-negotiable evidence of ownership described in division (G)	4279
of section 4505.08 of the Revised Code, non-negotiable evidence of	4280
ownership printed by the clerk under division (H) of that section,	4281
and notation of any lien on a certificate of title. The clerk	4282
shall retain two dollars and twenty-five cents of the fee charged	4283
for each certificate of title, four dollars and seventy-five cents	4284
of the fee charged for each duplicate certificate of title, all of	4285
the fees charged for each memorandum certificate, authorization to	4286
print a non-negotiable evidence of ownership, or non-negotiable	4287
evidence of ownership printed by the clerk, and four dollars and	4288
twenty-five cents of the fee charged for each notation of a lien.	4289

The remaining two dollars and seventy-five cents charged for	4290
the certificate of title, the remaining twenty-five cents charged	4291
for the duplicate certificate of title, and the remaining	4292
seventy-five cents charged for the notation of any lien on a	4293
certificate of title shall be paid to the registrar of motor	4294
vehicles by monthly returns, which shall be forwarded to the	4295
registrar not later than the fifth day of the month next	4296
succeeding that in which the certificate is issued or that in	4297
which the registrar is notified of a lien or cancellation of a	4298
lien.	4299

(B)(1) The registrar shall pay twenty-five cents of the	4300
amount received for each certificate of title and all of the	4301
amounts received for each notation of any lien and each duplicate	4302
certificate of title into the state bureau of motor vehicles fund	4303
established in section 4501.25 of the Revised Code.	4304

(2) Fifty cents of the amount received for each certificate	4305
of title shall be paid by the registrar as follows:	4306

(a) Four cents shall be paid into the state treasury to the	4307
credit of the motor vehicle dealers board fund, which is hereby	4308
created. All investment earnings of the fund shall be credited to	4309
the fund. The moneys in the motor vehicle dealers board fund	4310
shall be used by the motor vehicle dealers board created under	4311
section 4517.30 of the Revised Code, together with other moneys	4312
appropriated to it, in the exercise of its powers and the	4313
performance of its duties under Chapter 4517. of the Revised Code,	4314
except that the director of budget and management may transfer	4315
excess money from the motor vehicle dealers board fund to the	4316
bureau of motor vehicles fund if the registrar determines that the	4317
amount of money in the motor vehicle dealers board fund, together	4318
with other moneys appropriated to the board, exceeds the amount	4319
required for the exercise of its powers and the performance of its	4320
duties under Chapter 4517. of the Revised Code and requests the	4321
director to make the transfer.	4322

(b) Twenty-one cents shall be paid into the general revenue	4323
fund.	4324

(c) Twenty-five cents shall be paid into the state treasury	4325
to the credit of the motor vehicle sales audit fund, which is	4326
hereby created. The moneys in the fund shall be used by the tax	4327
commissioner together with other funds available to the	4328
commissioner to conduct a continuing investigation of sales and	4329
use tax returns filed for motor vehicles in order to determine if	4330
sales and use tax liability has been satisfied. The commissioner	4331
shall refer cases of apparent violations of section 2921.13 of the	4332
Revised Code made in connection with the titling or sale of a	4333
motor vehicle and cases of any other apparent violations of the	4334
sales or use tax law to the appropriate county prosecutor whenever	4335
the commissioner considers it advisable.	4336

(3) Two dollars of the amount received by the registrar for	4337
each certificate of title shall be paid into the state treasury to	4338
the credit of the automated title processing fund, which is hereby	4339
created and which shall consist of moneys collected under division	4340
(B)(3) of this section and under sections 1548.10 and 4519.59 of	4341
the Revised Code. All investment earnings of the fund shall be	4342
credited to the fund. The moneys in the fund shall be used as	4343
follows:	4344

(a) Except for moneys collected under section 1548.10 of the	4345
Revised Code and as provided in division (B)(3)(c) of this	4346
section, moneys collected under division (B)(3) of this section	4347
shall be used to implement and maintain an automated title	4348
processing system for the issuance of motor vehicle, off-highway	4349
motorcycle, and all-purpose vehicle certificates of title in the	4350
offices of the clerks of the courts of common pleas.	4351

(b) Moneys collected under section 1548.10 of the Revised	4352
Code shall be used to issue marine certificates of title in the	4353
offices of the clerks of the courts of common pleas as provided in	4354
Chapter 1548. of the Revised Code.	4355

(c) Moneys collected under division (B)(3) of this section	4356
shall be used in accordance with section 4505.25 of the Revised	4357
Code to implement Sub. S.B. 59 of the 124th general assembly.	4358

(C)(1) The automated title processing board is hereby	4359
created consisting of the registrar or the registrar's	4360
representative, a person selected by the registrar, the president	4361
of the Ohio clerks of court association or the president's	4362
representative, and two clerks of courts of common pleas appointed	4363
by the governor. The director of budget and management or the	4364
director's designee, the chief of the division of watercraft in	4365
the department of natural resources or the chief's designee, and	4366
the tax commissioner or the commissioner's designee shall be	4367
nonvoting members of the board. The purpose of the board is to	4368
facilitate the operation and maintenance of an automated title	4369
processing system and approve the procurement of automated title	4370
processing system equipment. Voting members of the board,	4371
excluding the registrar or the registrar's representative, shall	4372
serve without compensation, but shall be reimbursed for travel and	4373
other necessary expenses incurred in the conduct of their official	4374
duties. The registrar or the registrar's representative shall	4375
receive neither compensation nor reimbursement as a board member.	4376

(2) The automated title processing board shall determine	4377
each of the following:	4378

(a) The automated title processing equipment and	4379
certificates of title requirements for each county;	4380

(b) The payment of expenses that may be incurred by the	4381
counties in implementing an automated title processing system;	4382

(c) The repayment to the counties for existing title	4383
processing equipment.	4384

(3) The registrar shall purchase, lease, or otherwise	4385
acquire any automated title processing equipment and certificates	4386
of title that the board determines are necessary from moneys in	4387
the automated title processing fund established by division	4388
(B)(3) of this section. ~~Each county issuing more than one hundred~~	4389
~~thousand certificates of title annually, with the approval of the~~	4390
~~registrar and in accordance with the registrar's requirements, may~~	4391
~~purchase and maintain an automated title processing system for the~~	4392
~~issuance of motor vehicle titles, certificates of title for~~	4393
~~off-highway motorcycles and all-purpose vehicles, and certificates~~	4394
~~of title for watercraft and outboard motors with the cost of the~~	4395
~~system paid for from the automated processing title fund.~~	4396

(D) All counties shall conform to the requirements of the	4397
registrar regarding the operation of their automated title	4398
processing system for motor vehicle titles, certificates of title	4399
for off-highway motorcycles and all-purpose vehicles, and	4400
certificates of title for watercraft and outboard motors.	4401

Sec. 4505.10. (A) In the event of the transfer of ownership	4402
of a motor vehicle by operation of law, as upon inheritance,	4403
devise, bequest, order in bankruptcy, insolvency, replevin, or	4404
execution sale, a motor vehicle is sold to satisfy storage or	4405
repair charges, or repossession is had upon default in performance	4406
of the terms of a security agreement as provided in Chapter 1309.	4407
of the Revised Code and the secured party has notified the debtor	4408
as required by division (B) of section 1309.611 of the Revised	4409
Code, a clerk of a court of common pleas, upon the surrender of	4410
the prior certificate of title or the manufacturer's or importer's	4411
certificate, or, when that is not possible, upon presentation of	4412
satisfactory proof to the clerk of ownership and rights of	4413
possession to the motor vehicle, and upon payment of the fee	4414
prescribed in section 4505.09 of the Revised Code and presentation	4415
of an application for certificate of title, may issue to the	4416
applicant a certificate of title to the motor vehicle. Only an	4417
affidavit by the person or agent of the person to whom possession	4418
of the motor vehicle has passed, setting forth the facts entitling	4419
the person to the possession and ownership, together with a copy	4420
of the journal entry, court order, or instrument upon which the	4421
claim of possession and ownership is founded, is satisfactory	4422
proof of ownership and right of possession. If the applicant	4423
cannot produce that proof of ownership, the applicant may apply	4424
directly to the registrar of motor vehicles and submit the	4425
evidence the applicant has, and the registrar, if the registrar	4426
finds the evidence sufficient, then may authorize a clerk to issue	4427
a certificate of title. If the registrar finds the evidence	4428
insufficient, the applicant may petition the court of common pleas	4429
for a court order ordering the clerk to issue a certificate of	4430
title. The court shall grant or deny the petition based on the	4431
sufficiency of the evidence presented to the court. If, from the	4432
records in the office of the clerk involved, there appears to be	4433
any lien on the motor vehicle, the certificate of title shall	4434
contain a statement of the lien unless the application is	4435
accompanied by proper evidence of its extinction.	4436

(B) A clerk shall transfer a decedent's interest in one or	4437
two automobiles to the surviving spouse of the decedent, as	4438
provided in section 2106.18 of the Revised Code, upon receipt of	4439
the title or titles. An affidavit executed by the surviving spouse	4440
shall be submitted to the clerk with the title or titles. The	4441
affidavit shall give the date of death of the decedent, shall	4442
state that each automobile for which the decedent's interest is to	4443
be so transferred is not disposed of by testamentary disposition,	4444
and shall provide an approximate value for each automobile	4445
selected to be transferred by the surviving spouse. The affidavit	4446
shall also contain a description for each automobile for which the	4447
decedent's interest is to be so transferred. The transfer does not	4448
affect any liens upon any automobile for which the decedent's	4449
interest is so transferred.	4450

(C) Upon the death of one of the persons who have established	4451
joint ownership with right of survivorship under section 2131.12	4452
of the Revised Code in a motor vehicle, and upon presentation to a	4453
clerk of the title and the certificate of death of the decedent,	4454
the clerk shall transfer title to the motor vehicle to the	4455
survivor. The transfer does not affect any liens upon any motor	4456
vehicle so transferred.	4457

(D) Upon the death of the owner of a motor vehicle designated	4458
in beneficiary form under section 2131.13 of the Revised Code,	4459
upon application for a certificate of title by the	4460
transfer-on-death beneficiary or beneficiaries designated pursuant	4461
to that section, and upon presentation to the clerk of the	4462
certificate of title and the certificate of death of the decedent,	4463
the clerk shall transfer the motor vehicle and issue a certificate	4464
of title to the transfer-on-death beneficiary or beneficiaries.	4465
The transfer does not affect any liens upon the motor vehicle so	4466
transferred.	4467

Sec. 4505.11. (A) Each owner of a motor vehicle and each	4468
person mentioned as owner in the last certificate of title, when	4469
the motor vehicle is dismantled, destroyed, or changed in such	4470
manner that it loses its character as a motor vehicle, or changed	4471
in such manner that it is not the motor vehicle described in the	4472
certificate of title, shall surrender the certificate of title to	4473
that motor vehicle to a clerk of a court of common pleas, and the	4474
clerk, with the consent of any holders of any liens noted on the	4475
certificate of title, then shall enter a cancellation upon the	4476
clerk's records and shall notify the registrar of motor vehicles	4477
of the cancellation.	4478

Upon the cancellation of a certificate of title in the manner	4479
prescribed by this section, any clerk and the registrar of motor	4480
vehicles may cancel and destroy all certificates and all	4481
memorandum certificates in that chain of title.	4482

(B) If an Ohio certificate of title or salvage certificate of	4483
title to a motor vehicle is assigned to a salvage dealer, the	4484
dealer is not required to obtain an Ohio certificate of title or a	4485
salvage certificate of title to the motor vehicle in the dealer's	4486
own name if the dealer dismantles or destroys the motor vehicle,	4487
indicates the number of the dealer's motor vehicle salvage	4488
dealer's license on it, marks "FOR DESTRUCTION" across the face of	4489
the certificate of title or salvage certificate of title, and	4490
surrenders the certificate of title or salvage certificate of	4491
title to a clerk of a court of common pleas as provided in	4492
division (A) of this section. If the salvage dealer retains the	4493
motor vehicle for resale, the dealer shall make application for a	4494
salvage certificate of title to the motor vehicle in the dealer's	4495
own name as provided in division (C)(1) of this section.	4496

(C)(1) When an insurance company declares it economically	4497
impractical to repair such a motor vehicle and has paid an agreed	4498
price for the purchase of the motor vehicle to any insured or	4499
claimant owner, the insurance company shall receive the	4500
certificate of title and the motor vehicle and proceed as follows.	4501
Within thirty days, the insurance company shall deliver the	4502
certificate of title to a clerk of a court of common pleas and	4503
shall make application for a salvage certificate of title. The	4504
clerk shall issue the salvage certificate of title on a form,	4505
prescribed by the registrar, that shall be easily distinguishable	4506
from the original certificate of title and shall bear the same	4507
~~number and~~ information as the original certificate of title except	4508
that it may bear a different number than that of the original	4509
certificate of title. Except as provided in division (C)(2) of	4510
this section, the salvage certificate of title shall be assigned	4511
by the insurance company to a salvage dealer or any other person	4512
for use as evidence of ownership upon the sale or other	4513
disposition of the motor vehicle, and the salvage certificate of	4514
title shall be transferrable to any other person. The clerk shall	4515
charge a fee of four dollars for the cost of processing each	4516
salvage certificate of title.	4517

(2) If an insurance company considers a motor vehicle as	4518
described in division (C)(1) of this section to be impossible to	4519
restore for highway operation, the insurance company may assign	4520
the certificate of title to the motor vehicle to a salvage dealer	4521
or scrap metal processing facility and send the assigned	4522
certificate of title to the clerk of the court of common pleas of	4523
~~the~~any county ~~in which the salvage dealer or scrap metal~~	4524
~~processing facility is located~~. The insurance company shall mark	4525
the face of the certificate of title "FOR DESTRUCTION" and shall	4526
deliver a photocopy of the certificate of title to the salvage	4527
dealer or scrap metal processing facility for its records.	4528

(3) If an insurance company declares it economically	4529
impractical to repair a motor vehicle, agrees to pay to the	4530
insured or claimant owner an amount in settlement of a claim	4531
against a policy of motor vehicle insurance covering the motor	4532
vehicle, and agrees to permit the insured or claimant owner to	4533
retain possession of the motor vehicle, the insurance company	4534
shall not pay the insured or claimant owner any amount in	4535
settlement of the insurance claim until the owner obtains a	4536
salvage certificate of title to the vehicle and furnishes a copy	4537
of the salvage certificate of title to the insurance company.	4538

(D) When a self-insured organization, rental or leasing	4539
company, or secured creditor becomes the owner of a motor vehicle	4540
that is burned, damaged, or dismantled and is determined to be	4541
economically impractical to repair, the self-insured organization,	4542
rental or leasing company, or secured creditor shall do one of the	4543
following:	4544

(1) Mark the face of the certificate of title to the motor	4545
vehicle "FOR DESTRUCTION" and surrender the certificate of title	4546
to a clerk of a court of common pleas for cancellation as	4547
described in division (A) of this section. The self-insured	4548
organization, rental or leasing company, or secured creditor then	4549
shall deliver the motor vehicle, together with a photocopy of the	4550
certificate of title, to a salvage dealer or scrap metal	4551
processing facility and shall cause the motor vehicle to be	4552
dismantled, flattened, crushed, or destroyed.	4553

(2) Obtain a salvage certificate of title to the motor	4554
vehicle in the name of the self-insured organization, rental or	4555
leasing company, or secured creditor, as provided in division	4556
(C)(1) of this section, and then sell or otherwise dispose of the	4557
motor vehicle. If the motor vehicle is sold, the self-insured	4558
organization, rental or leasing company, or secured creditor shall	4559
obtain a salvage certificate of title to the motor vehicle in the	4560
name of the purchaser from a clerk of a court of common pleas.	4561

(E) If a motor vehicle titled with a salvage certificate of	4562
title is restored for operation upon the highways, application	4563
shall be made to a clerk of a court of common pleas for a	4564
certificate of title. Upon inspection by the state highway patrol,	4565
which shall include establishing proof of ownership and an	4566
inspection of the motor number and vehicle identification number	4567
of the motor vehicle and of documentation or receipts for the	4568
materials used in restoration by the owner of the motor vehicle	4569
being inspected, which documentation or receipts shall be	4570
presented at the time of inspection, the clerk, upon surrender of	4571
the salvage certificate of title, shall issue a certificate of	4572
title for a fee prescribed by the registrar. The certificate of	4573
title shall be in the same form as the original certificate of	4574
title~~, shall bear the same number as the salvage certificate of~~	4575
~~title and the original certificate of title,~~ and shall bear the	4576
words "REBUILT SALVAGE" in black boldface letters on its face.	4577
Every subsequent certificate of title, memorandum certificate of	4578
title, or duplicate certificate of title issued for the motor	4579
vehicle also shall bear the words "REBUILT SALVAGE" in black	4580
boldface letters on its face. The exact location on the face of	4581
the certificate of title of the words "REBUILT SALVAGE" shall be	4582
determined by the registrar, who shall develop an automated	4583
procedure within the automated title processing system to comply	4584
with this division. The clerk shall use reasonable care in	4585
performing the duties imposed on the clerk by this division in	4586
issuing a certificate of title pursuant to this division, but the	4587
clerk is not liable for any of the clerk's errors or omissions or	4588
those of the clerk's deputies, or the automated title processing	4589
system in the performance of those duties. A fee of fifty dollars	4590
shall be assessed by the state highway patrol for each inspection	4591
made pursuant to this division and shall be deposited into the	4592
state highway safety fund established by section 4501.06 of the	4593
Revised Code.	4594

(F) No person shall operate upon the highways in this state a	4595
motor vehicle, title to which is evidenced by a salvage	4596
certificate of title, except to deliver the motor vehicle pursuant	4597
to an appointment for an inspection under this section.	4598

(G) No motor vehicle the certificate of title to which has	4599
been marked "FOR DESTRUCTION" and surrendered to a clerk of a	4600
court of common pleas shall be used for anything except parts and	4601
scrap metal.	4602

(H)(1) Except as otherwise provided in this division, an	4603
owner of a manufactured or mobile home that will be taxed as real	4604
property pursuant to division (B) of section 4503.06 of the	4605
Revised Code shall surrender the certificate of title to the	4606
auditor of the county containing the taxing district in which the	4607
home is located. An owner whose home qualifies for real property	4608
taxation under divisions (B)(1)(a) and (b) of section 4503.06 of	4609
the Revised Code shall surrender the certificate within fifteen	4610
days after the home meets the conditions specified in those	4611
divisions. The auditor shall deliver the certificate of title to	4612
the clerk of the court of common pleas who issued it.	4613

(2) If the certificate of title for a manufactured or mobile	4614
home that is to be taxed as real property is held by a lienholder,	4615
the lienholder shall surrender the certificate of title to the	4616
auditor of the county containing the taxing district in which the	4617
home is located, and the auditor shall deliver the certificate of	4618
title to the clerk of the court of common pleas who issued it. The	4619
lienholder shall surrender the certificate within thirty days	4620
after both of the following have occurred:	4621

(a) The homeowner has provided written notice to the	4622
lienholder requesting that the certificate of title be surrendered	4623
to the auditor of the county containing the taxing district in	4624
which the home is located.	4625

(b) The homeowner has either paid the lienholder the	4626
remaining balance owed to the lienholder, or, with the	4627
lienholder's consent, executed and delivered to the lienholder a	4628
mortgage on the home and land on which the home is sited in the	4629
amount of the remaining balance owed to the lienholder.	4630

(3) Upon the delivery of a certificate of title by the county	4631
auditor to the clerk, the clerk shall inactivate it and ~~retain~~	4632
maintain it in the automated title processing system for a period	4633
of thirty years.	4634

(4) Upon application by the owner of a manufactured or mobile	4635
home that is taxed as real property pursuant to division (B) of	4636
section 4503.06 of the Revised Code and that no longer satisfies	4637
divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and (b) of that	4638
section, the clerk shall reactivate the record of the certificate	4639
of title that was inactivated under division (H)(3) of this	4640
section and shall issue a new certificate of title, but only if	4641
the application contains or has attached to it all of the	4642
following:	4643

(a) An endorsement of the county treasurer that all real	4644
property taxes charged against the home under Title LVII of the	4645
Revised Code and division (B) of section 4503.06 of the Revised	4646
Code for all preceding tax years have been paid;	4647

(b) An endorsement of the county auditor that the home will	4648
be removed from the real property tax list;	4649

(c) Proof that there are no outstanding mortgages or other	4650
liens on the home or, if there are such mortgages or other liens,	4651
that the mortgagee or lienholder has consented to the reactivation	4652
of the certificate of title.	4653

(I)(1) Whoever violates division (F) of this section shall be	4654
fined not more than two thousand dollars, imprisoned not more than	4655
one year, or both.	4656

(2) Whoever violates division (G) of this section shall be	4657
fined not more than one thousand dollars, imprisoned not more than	4658
six months, or both.	4659

Sec. 4505.13. (A)(1) Chapter 1309. and section 1701.66 of	4660
the Revised Code do not permit or require the deposit, filing, or	4661
other record of a security interest covering a motor vehicle,	4662
except as provided in division (A)(2) of this section.	4663

(2) Chapter 1309. of the Revised Code applies to a security	4664
interest in a motor vehicle held as inventory ~~1309.102~~ for sale by	4665
a dealer. The security interest has priority over creditors of the	4666
dealer as provided in Chapter 1309. of the Revised Code without	4667
notation of the security interest on a certificate of title,	4668
without entry of a notation of the security interest into the	4669
automated title processing system if a physical certificate of	4670
title for the motor vehicle has not been issued, or without the	4671
retention of a manufacturer's or importer's certificate.	4672

(B) Subject to division (A) of this section, any security	4673
agreement covering a security interest in a motor vehicle, if a	4674
notation of the agreement has been made by a clerk of a court of	4675
common pleas on the face of the certificate of title or the clerk	4676
has entered a notation of the agreement into the automated title	4677
processing system and a physical certificate of title for the	4678
motor vehicle has not been issued, is valid as against the	4679
creditors of the debtor, whether armed with process or not, and	4680
against subsequent purchasers, secured parties, and other	4681
lienholders or claimants. All security interests, liens,	4682
mortgages, and encumbrances entered into the automated title	4683
processing system in relation to a particular certificate of	4684
title, regardless of whether a physical certificate of title is	4685
issued, take priority according to the order of time in which they	4686
are entered into the automated title processing system by the	4687
clerk. Exposure for sale of any motor vehicle by its owner, with	4688
the knowledge or with the knowledge and consent of the holder of	4689
any security interest, lien, mortgage, or encumbrance on it, does	4690
not render that security interest, lien, mortgage, or encumbrance	4691
ineffective as against the creditors of that owner, or against	4692
holders of subsequent security interests, liens, mortgages, or	4693
encumbrances upon that motor vehicle.	4694

The secured party, upon presentation of evidence of a	4695
security interest to a clerk of a court of common pleas, together	4696
with the certificate of title if a physical certificate of title	4697
for the motor vehicle exists, and the fee prescribed by section	4698
4505.09 of the Revised Code, may have a notation of the security	4699
interest made. Unless the secured party specifically requests the	4700
clerk not to issue a physical certificate of title and instead to	4701
issue an electronic certificate of title, the clerk shall issue,	4702
over the clerk's signature and seal of office, a new original	4703
certificate of title from the automated title processing records	4704
that indicates the security interest and the date of the security	4705
interest.	4706

If a security interest is fully discharged as a result of its	4707
holder's receipt of good funds in the correct amount and if the	4708
holder holds a physical certificate of title, the holder shall	4709
note the discharge of the security interest on the face of the	4710
certificate of title over the holder's signature, or over the	4711
holder's signature on a form prescribed by the registrar of motor	4712
vehicles when there is no space for the discharge on the face of	4713
the certificate of title. Except as otherwise provided in this	4714
section, prior to delivering the certificate of title to the	4715
owner, the holder or the holder's agent shall convey the	4716
certificate of title or a separate ~~sworn~~ statement of the	4717
discharge of the security interest to a clerk. The conveyance	4718
shall occur not more than seven business days after the date good	4719
funds in the correct amount to fully discharge the security	4720
interest have been credited to an account of the holder, provided	4721
the holder has been provided accurate information concerning the	4722
motor vehicle. Conveyance of the certificate of title or separate	4723
~~sworn~~ statement of the discharge within the required seven	4724
business days may be indicated by postmark or receipt by a clerk	4725
within that period, or, in the case of a written confirmation that	4726
is sent electronically as provided in division (C)(1) of this	4727
section, by the date of the electronic mail or other electronic	4728
communication. If the discharge of the security interest appears	4729
to be genuine, the clerk shall note the cancellation of the	4730
security interest on the face of the certificate of title, if it	4731
was so conveyed, and note it in the automated title processing	4732
system ~~and upon the records of the clerk~~.	4733

If a security interest is fully discharged as a result of its	4734
holder's receipt of good funds in the correct amount and the	4735
holder does not hold a physical certificate of title, when the	4736
holder notifies a clerk of the discharge of its security interest,	4737
the holder at that time also may request the clerk to issue a	4738
physical certificate of title to the vehicle. The request shall	4739
specify whether the clerk is to send the certificate of title	4740
directly to the owner or to the holder or the holder's agent for	4741
transmission to the owner. If such a request is made, the clerk	4742
shall issue a physical certificate of title and send it to the	4743
specified person.	4744

The clerk shall not honor such a request for a physical	4745
certificate of title if it is not made by the holder at the same	4746
time as the holder's notification to the clerk of the discharge of	4747
its security interest.	4748

(C)(1) In all cases, a secured party may choose to present a	4749
clerk with evidence of a security interest via written	4750
confirmation through electronic means, and the clerk shall enter	4751
the security interest into the automated title processing system.	4752
A secured party also may choose to notify a clerk of the discharge	4753
of its security interest via electronic means, and the clerk shall	4754
enter the cancellation into the automated title processing system.	4755

(2) In the case of a security interest that is being	4756
satisfied by a dealer to whom a certificate of title is being	4757
transferred, the cancellation of the security interest shall occur	4758
during the course of the transfer. The dealer shall submit a	4759
discharge request to the secured party. A discharge request shall	4760
include good funds in the correct amount to fully discharge the	4761
security interest and accurate information concerning the motor	4762
vehicle.	4763

(3)(a) Upon receiving a discharge request that complies with	4764
division (C)(2) of this section, ~~except as otherwise provided in~~	4765
~~this division~~if the current automated title processing system	4766
record indicates that a physical title exists for that motor	4767
vehicle, a secured party shall convey the physical certificate of	4768
title, with the discharge of the security interest noted on its	4769
face, to the dealer within seven business days after the date good	4770
funds in the correct amount to fully discharge the security	4771
interest have been ~~credit~~credited to an account of the secured	4772
party.	4773

If a secured party is unable to convey to the dealer athe	4774
physical certificate of title within the required seven business	4775
days, the secured party instead shall convey to the dealer an	4776
affidavit stating that the security interest has been discharged,	4777
together with payment for a duplicate certificate of title, within	4778
that period. If the current automated title processing system	4779
record for a motor vehicle indicates that an electronic title	4780
exists for that motor vehicle, the secured party shall convey to	4781
the dealer within the required seven business days written	4782
confirmation that the security interest has been satisfied.	4783

(b) Conveyance of a physical certificate of title, or	4784
affidavit and required payment, or written confirmation that the	4785
security interest has been satisfied from a secured party to a	4786
dealer under the circumstances described in division (C)(3)(a) of	4787
this section within the required seven business days may be	4788
indicated by a postmark within that period or, in the case of a	4789
written confirmation that is sent electronically, the date of the	4790
electronic mail or other electronic communication.	4791

(4) A secured party is liable to a dealer for a late fee of	4792
ten dollars per day for each physical certificate of title, or	4793
affidavit and required payment, or written confirmation that the	4794
security interest has been satisfied that is conveyed to the	4795
dealer more than seven business days but less than twenty-one days	4796
after the date specified in division (C)(3)(a) of this section	4797
and, from then on, twenty-five dollars per day until the physical	4798
certificate of title, or affidavit and required payment, ~~are~~or	4799
written confirmation that the security interest has been satisfied	4800
is conveyed to the dealer.	4801

(D) Notwithstanding any provision of Chapter 1310. of the	4802
Revised Code or of any other law, the lease of a motor vehicle or	4803
trailer does not constitute a conditional sale or create a	4804
security interest merely because the lease agreement permits or	4805
requires the lessor, at the end of the lease term, to adjust the	4806
rental price to either a higher or a lower amount by reference to	4807
the amount the lessor realizes upon the sale or other disposition	4808
of the motor vehicle or trailer.	4809

(E) If a physical certificate of title has not been issued	4810
for a motor vehicle and all the security interests relating to	4811
that motor vehicle have been discharged, the owner of the motor	4812
vehicle may obtain a physical certificate of title from the clerk	4813
of any court of common pleas upon payment of the fee specified in	4814
section ~~4509.09~~4505.09 of the Revised Code.	4815

(F) If a clerk of a court of common pleas, other than the	4816
clerk of the court of common pleas of the county in which the	4817
owner of a motor vehicle resides, enters a notation of the	4818
existence of, or the cancellation of, a security interest relating	4819
to the motor vehicle, the clerk shall transmit the data relating	4820
to the notation to the automated title processing system.	4821

(G) The registrar of motor vehicles, in accordance with	4822
Chapter 119. of the Revised Code, shall adopt rules governing the	4823
electronic transmission of security interest and other information	4824
under this section. In adopting the rules, the registrar shall	4825
confer with the clerks of the courts of common pleas.	4826

(H) As used in this section:

4827

(1) "Accurate information" means the make and model of the	4828
motor vehicle, its vehicle identification number, and the name and	4829
address of its owner as they appear on the certificate of title	4830
that is to be conveyed.	4831

(2) "Dealer" has the same meaning as in section 4517.01 of	4832
the Revised Code.	4833

(3) "Good funds" includes cash, or a wire transfer, cashier's	4834
check, certified check, draft, money order, or teller's check	4835
issued by an insured financial institution, or a dealer's check	4836
for which the secured party has received funds that are available	4837
for withdrawal pursuant to "Availability of Funds and Collection	4838
of Checks (Regulation CC)," 12 C.F.R. 229.	4839

(4) "Inventory" has the same meaning as in section ~~1309.07~~	4840
1309.102 of the Revised Code.	4841

(5) "Electronic certificate of title" means an electronic	4842
record stored in the automated title processing system that	4843
established ownership of a motor vehicle, as well as any security	4844
interest that exists in that motor vehicle.	4845

(6) "Written confirmation" means a communication from a	4846
secured party to a motor vehicle dealer regarding the secured	4847
party's security interest in a motor vehicle. A written	4848
confirmation may be either a physical document or an electronic	4849
communication such as electronic mail. Both types of written	4850
confirmation may be conveyed under this section.	4851

Sec. 4505.141. The registrar of motor vehicles shall enable	4852
the public to access motor vehicle title information via	4853
electronic means. No fee shall be charged for this access. The	4854
title information that must be so accessible is only the title	4855
information that is in an electronic format at the time a person	4856
requests this access.	4857

The registrar,shall establish procedures governing this	4858
access. The procedures may be established by rule in accordance	4859
with Chapter 119. of the Revised Code~~, shall adopt rules governing~~	4860
~~this access~~. In adopting the ~~rules~~procedures, the registrar shall	4861
confer with the clerks of the courts of common pleas.	4862

Access by the public to motor vehicle title information under	4863
this section shall comply with all restrictions contained in the	4864
Revised Code and federal law that govern the disclosure of that	4865
information.	4866

Sec. 4506.01. As used in this chapter:

4867

(A) "Alcohol concentration" means the concentration of	4868
alcohol in a person's blood, breath, or urine. When expressed as a	4869
percentage, it means grams of alcohol per the following:	4870

(1) One hundred milliliters of whole blood, blood serum, or	4871
blood plasma;	4872

(2) Two hundred ten liters of breath;

4873

(3) One hundred milliliters of urine.

4874

(B) "School bus" has the same meaning as in section 4511.01	4875
of the Revised Code.	4876

(C) "Commercial driver's license" means a license issued in	4877
accordance with this chapter that authorizes an individual to	4878
drive a commercial motor vehicle.	4879

(D) "Commercial driver license information system" means the	4880
information system established pursuant to the requirements of the	4881
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171,	4882
49 U.S.C.A. App. 2701.	4883

(E) Except when used in section 4506.25 of the Revised Code,	4884
"commercial motor vehicle" means any motor vehicle designed or	4885
used to transport persons or property that meets any of the	4886
following qualifications:	4887

(1) Any combination of vehicles with a combined gross vehicle	4888
weight rating of twenty-six thousand one pounds or more, provided	4889
the gross vehicle weight rating of the vehicle or vehicles being	4890
towed is in excess of ten thousand pounds;	4891

(2) Any single vehicle with a gross vehicle weight rating of	4892
twenty-six thousand one pounds or more, or any such vehicle towing	4893
a vehicle having a gross vehicle weight rating that is not in	4894
excess of ten thousand pounds;	4895

(3) Any single vehicle or combination of vehicles that is not	4896
a class A or class B vehicle, but that either is designed to	4897
transport sixteen or more passengers including the driver, or is	4898
placarded for hazardous materials;	4899

(4) Any school bus with a gross vehicle weight rating of less	4900
than twenty-six thousand one pounds that is designed to transport	4901
fewer than sixteen passengers including the driver;	4902

(5) Is transporting hazardous materials for which placarding	4903
is required by regulations adopted under the "Hazardous Materials	4904
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as	4905
amended;	4906

(6) Any single vehicle or combination of vehicles that is	4907
designed to be operated and to travel on a public street or	4908
highway and is considered by the federal highway administration to	4909
be a commercial motor vehicle, including, but not limited to, a	4910
motorized crane, a vehicle whose function is to pump cement, a rig	4911
for drilling wells, and a portable crane.	4912

(F) "Controlled substance" means all of the following:

4913

(1) Any substance classified as a controlled substance under	4914
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.	4915
802(6), as amended;	4916

(2) Any substance included in schedules I through V of 21	4917
C.F.R. part 1308, as amended;	4918

(3) Any drug of abuse.

4919

(G) "Conviction" means an unvacated adjudication of guilt or	4920
a determination that a person has violated or failed to comply	4921
with the law in a court of original jurisdiction or an authorized	4922
administrative tribunal, an unvacated forfeiture of bail or	4923
collateral deposited to secure the person's appearance in court,	4924
the payment of a fine or court cost, or violation of a condition	4925
of release without bail, regardless of whether or not the penalty	4926
is rebated, suspended, or probated.	4927

(H) "Disqualification" means withdrawal of the privilege to	4928
drive a commercial motor vehicle.	4929

(I) "Drive" means to drive, operate, or be in physical	4930
control of a motor vehicle.	4931

(J) "Driver" means any person who drives, operates, or is in	4932
physical control of a commercial motor vehicle or is required to	4933
have a commercial driver's license.	4934

(K) "Driver's license" means a license issued by the bureau	4935
of motor vehicles that authorizes an individual to drive.	4936

(L) "Drug of abuse" means any controlled substance, dangerous	4937
drug as defined in section 4729.01 of the Revised Code, or	4938
over-the-counter medication that, when taken in quantities	4939
exceeding the recommended dosage, can result in impairment of	4940
judgment or reflexes.	4941

(M) "Employer" means any person, including the federal	4942
government, any state, and a political subdivision of any state,	4943
that owns or leases a commercial motor vehicle or assigns a person	4944
to drive such a motor vehicle.	4945

(N) "Endorsement" means an authorization on a person's	4946
commercial driver's license that is required to permit the person	4947
to operate a specified type of commercial motor vehicle.	4948

(O) "Felony" means any offense under federal or state law	4949
that is punishable by death or specifically classified as a felony	4950
under the law of this state, regardless of the penalty that may be	4951
imposed.	4952

(P) "Foreign jurisdiction" means any jurisdiction other than	4953
a state.	4954

(Q) "Gross vehicle weight rating" means the value specified	4955
by the manufacturer as the maximum loaded weight of a single or a	4956
combination vehicle. The gross vehicle weight rating of a	4957
combination vehicle is the gross vehicle weight rating of the	4958
power unit plus the gross vehicle weight rating of each towed	4959
unit.	4960

(R) "Hazardous materials" means materials identified as such	4961
under regulations adopted under the "Hazardous Materials	4962
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as	4963
amended.	4964

(S) "Motor vehicle" has the same meaning as in section	4965
4511.01 of the Revised Code.	4966

(T) Except when used in sections 4506.25 and 4506.26 of the	4967
Revised Code, "out-of-service order" means a temporary prohibition	4968
against driving a commercial motor vehicle issued under this	4969
chapter or a similar law of another state or of a foreign	4970
jurisdiction.	4971

(U) "Residence" means any person's residence determined in	4972
accordance with standards prescribed in rules adopted by the	4973
registrar.	4974

(V) "Temporary residence" means residence on a temporary	4975
basis as determined by the registrar in accordance with standards	4976
prescribed in rules adopted by the registrar.	4977

(W) "Serious traffic violation" means a conviction arising	4978
from the operation of a commercial motor vehicle that involves any	4979
of the following:	4980

(1) A single charge of any speed that is in excess of the	4981
posted speed limit by an amount specified by the United States	4982
secretary of transportation and that the director of public safety	4983
designates as such by rule;	4984

(2) Violation of section 4511.20, 4511.201, or 4511.202 of	4985
the Revised Code or any similar ordinance or resolution, or of any	4986
similar law of another state or political subdivision of another	4987
state;	4988

(3) Violation of a law of this state or an ordinance or	4989
resolution relating to traffic control, other than a parking	4990
violation, or of any similar law of another state or political	4991
subdivision of another state, that results in a fatal accident;	4992

(4) Violation of any other law of this state or an ordinance	4993
or resolution relating to traffic control, other than a parking	4994
violation, that is determined to be a serious traffic violation by	4995
the United States secretary of transportation and the director	4996
designates as such by rule.	4997

(X) "State" means a state of the United States and includes	4998
the District of Columbia.	4999

(Y) "Tank vehicle" means any commercial motor vehicle that is	5000
designed to transport any liquid and has a maximum capacity	5001
greater than one hundred nineteen gallons or is designed to	5002
transport gaseous materials and has a water capacity greater than	5003
one thousand pounds within a tank that is either permanently or	5004
temporarily attached to the vehicle or its chassis. "Tank vehicle"	5005
does not include ~~either~~any of the following:	5006

(1) Any portable tank having a rated capacity of less than	5007
one thousand gallons;	5008

(2) Tanks used exclusively as a fuel tank for the motor	5009
vehicle to which it is attached;	5010

(3) An empty storage container tank that is not designed for	5011
transportation and that is readily distinguishable from a	5012
transportation tank;	5013

(4) Ready-mix concrete mixers.

5014

(Z) "United States" means the fifty states and the District	5015
of Columbia.	5016

(AA) "Vehicle" has the same meaning as in section 4511.01 of	5017
the Revised Code.	5018

(BB) "Peace officer" has the same meaning as in section	5019
2935.01 of the Revised Code.	5020

(CC) "Portable tank" means a liquid or gaseous packaging	5021
designed primarily to be loaded on or temporarily attached to a	5022
vehicle and equipped with skids, mountings, or accessories to	5023
facilitate handling of the tank by mechanical means.	5024

Sec. 4506.08. (A) Each application for a commercial driver's	5025
license temporary instruction permit shall be accompanied by a fee	5026
of ten dollars; except as provided in division (B) of this	5027
section, each application for a commercial driver's license,	5028
restricted commercial driver's license, or renewal of such a	5029
license shall be accompanied by a fee of twenty-five dollars; and	5030
each application for a duplicate commercial driver's license shall	5031
be accompanied by a fee of ten dollars. In addition, the registrar	5032
of motor vehicles or deputy registrar may collect and retain an	5033
additional fee of no more than two dollars and seventy-five cents	5034
commencing on July 1, 2001, three dollars and twenty-five cents	5035
commencing on January 1, 2003, and three dollars and fifty cents	5036
commencing on January 1, 2004, for each application for a	5037
commercial driver's license temporary instruction permit,	5038
commercial driver's license, renewal of a commercial driver's	5039
license, or duplicate commercial driver's license received by the	5040
registrar or deputy. No fee shall be charged for the annual	5041
issuance of a waiver for farm-related service industries pursuant	5042
to section 4506.24 of the Revised Code.	5043

Each deputy registrar shall transmit the fees collected to	5044
the registrar at the time and in the manner prescribed by the	5045
registrar by rule. The registrar shall pay the fees into the state	5046
highway safety fund established in section 4501.06 of the Revised	5047
Code.	5048

(B) In addition to the fees imposed under division (A) of	5049
this section, the registrar of motor vehicles or deputy registrar	5050
shall collect a fee of twelve dollars commencing on October 1,	5051
2003, for each application for a commercial driver's license	5052
temporary instruction permit, commercial driver's license, or	5053
duplicate commercial driver's license and for each application for	5054
renewal of a commercial driver's license with an expiration date	5055
on or after that date received by the registrar or deputy	5056
registrar. The additional fee is for the purpose of defraying the	5057
department of public safety's costs associated with the	5058
administration and enforcement of the motor vehicle and traffic	5059
laws of Ohio. Each deputy registrar shall transmit the fees	5060
collected under division (B) of this section in the time and	5061
manner prescribed by the registrar. The registrar shall deposit	5062
all moneys received under division (B) of this section into the	5063
state highway safety fund established in section 4501.06 of the	5064
Revised Code.	5065

(C) Information regarding the driving record of any person	5066
holding a commercial driver's license issued by this state shall	5067
be furnished by the registrar, upon request and payment of a fee	5068
of ~~three~~two dollars, to the employer or prospective employer of	5069
such a person and to any insurer.	5070

Sec. 4506.09. (A) The registrar of motor vehicles, subject	5071
to approval by the director of public safety, shall adopt rules	5072
conforming with applicable standards adopted by the federal	5073
~~highway~~motor carrier safety administration as regulations under	5074
~~the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.~~	5075
~~3207-171, 49 U.S.C.A. App. 2701~~Pub. L. No. 103-272, 108 Stat.	5076
1014 to 1029 (1994), 49 U.S.C.A. 31301 to 31317. The rules shall	5077
establish requirements for the qualification and testing of	5078
persons applying for a commercial driver's license, which shall be	5079
in addition to other requirements established by this chapter.	5080
Except as provided in division (B) of this section, the highway	5081
patrol or any other employee of the department of public safety	5082
the registrar authorizes shall supervise and conduct the testing	5083
of persons applying for a commercial driver's license.	5084

(B) The director may adopt rules, in accordance with Chapter	5085
119. of the Revised Code and applicable requirements of the	5086
federal ~~highway~~motor carrier safety administration, authorizing	5087
the skills test specified in this section to be administered by	5088
any person, by an agency of this or another state, or by an	5089
agency, department, or instrumentality of local government ~~and~~	5090
~~establishing~~. Each party authorized under this division to	5091
administer the skills test may charge a maximum divisible fee ~~that~~	5092
~~may be charged by the other party, provided the~~of eighty-five	5093
dollars for each skills test given as part of a commercial	5094
driver's license examination. The fee shall consist of not more	5095
than twenty dollars for the pre-trip inspection portion of the	5096
test, not more than twenty dollars for the off-road maneuvering	5097
portion of the test, and not more than forty-five dollars for the	5098
on-road portion of the test. Each such party may require an	5099
appointment fee in the same manner provided in division (E)(2) of	5100
this section, except that the maximum amount such a party may	5101
require as an appointment fee is eighty-five dollars. The skills	5102
test isadministered by another party under this division shall be	5103
the same ~~that~~as otherwise would be administered by this state ~~and~~	5104
~~that the~~. The other party ~~has entered~~shall enter into an	5105
agreement with the director that ~~includes~~, without limitation,	5106
does all of the following:	5107

(1) Allows the director or the director's representative and	5108
the federal ~~highway~~motor carrier safety administration or its	5109
representative to conduct random examinations, inspections, and	5110
audits of the other party without prior notice;	5111

(2) Requires the director or the director's representative to	5112
conduct on-site inspections of the other party at least annually;	5113

(3) Requires that all examiners of the other party meet the	5114
same qualification and training standards as examiners of the	5115
department of public safety, to the extent necessary to conduct	5116
skills tests in the manner required by 49 C.F.R. 383.110 through	5117
383.135;	5118

(4) Requires either that state employees take, at least	5119
annually and as though the employees were test applicants, the	5120
tests actually administered by the other party, that the director	5121
test a sample of drivers who were examined by the other party to	5122
compare the test results, or that state employees accompany a test	5123
applicant during an actual test;	5124

(5) Reserves to this state the right to take prompt and	5125
appropriate remedial action against testers of the other party if	5126
the other party fails to comply with standards of this state or	5127
federal standards for the testing program or with any other terms	5128
of the contract.	5129

(C) The director shall enter into an agreement with the	5130
department of education authorizing the skills test specified in	5131
this section to be administered by the department at any location	5132
operated by the department for purposes of training and testing	5133
school bus drivers, provided that the agreement between the	5134
director and the department complies with the requirements of	5135
division (B) of this section. Skills tests administered by the	5136
department shall be limited to persons applying for a commercial	5137
driver's license with a school bus endorsement.	5138

(D) The director shall adopt rules, in accordance with	5139
Chapter 119. of the Revised Code, authorizing waiver of the skills	5140
test specified in this section for any applicant for a commercial	5141
driver's license who meets all of the following requirements:	5142

(1) Certifies that, during the two-year period immediately	5143
preceding application for a commercial driver's license, all of	5144
the following apply:	5145

(a) The applicant has not had more than one license;

5146

(b) The applicant has not had any license suspended, revoked,	5147
or canceled;	5148

(c) The applicant has not had any convictions for any type of	5149
motor vehicle for the offenses for which disqualification is	5150
prescribed in section 4506.16 of the Revised Code;	5151

(d) The applicant has not had any violation of a state or	5152
local law relating to motor vehicle traffic control other than a	5153
parking violation arising in connection with any traffic accident	5154
and has no record of an accident in which the applicant was at	5155
fault.	5156

(2) Certifies and also provides evidence that the applicant	5157
is regularly employed in a job requiring operation of a commercial	5158
motor vehicle and that one of the following applies:	5159

(a) The applicant has previously taken and passed a skills	5160
~~Test~~test given by a state with a classified licensing and testing	5161
system in which the test was behind-the-wheel in a representative	5162
vehicle for the applicant's commercial driver's license	5163
classification;	5164

(b) The applicant has regularly operated, for at least two	5165
years immediately preceding application for a commercial driver's	5166
license, a vehicle representative of the commercial motor vehicle	5167
the applicant operates or expects to operate.	5168

(E)(1) The department of public safety may charge and collect	5169
a divisible fee of fifty dollars for each skills test given as	5170
part of a commercial driver's license examination. The fee shall	5171
consist of ten dollars for the pre-trip inspection portion of the	5172
test, ten dollars for the off-road maneuvering portion of the	5173
test, and thirty dollars for the on-road portion of the test.	5174

(2) The director may require an applicant for a commercial	5175
driver's license who schedules an appointment with the highway	5176
patrol or other authorized employee of the department of public	5177
safety to take all portions of the skills test, to pay an	5178
appointment fee of fifty dollars at the time of scheduling the	5179
appointment. If the applicant appears at the time and location	5180
specified for the appointment and takes all portions of the skills	5181
test during that appointment, the appointment fee shall serve as	5182
the skills test fee. If the applicant schedules an appointment to	5183
take all portions of the skills test and fails to appear at the	5184
time and location specified for the appointment, no portion of the	5185
appointment fee shall be refunded. If the applicant schedules an	5186
appointment to take all portions of the skills test and appears at	5187
the time and location specified for the appointment, but declines	5188
or is unable to take all portions of the skills test, the	5189
appointment fee shall serve as the skills test fee. If the	5190
applicant cancels a scheduled appointment forty-eight hours or	5191
more prior to the time of the appointment time, the applicant	5192
shall not forfeit the appointment fee.	5193

An applicant for a commercial driver's license who schedules	5194
an appointment to take one or more, but not all, portions of the	5195
skills test shall not be required to pay any appointment fee when	5196
scheduling such an appointment.	5197

(3) ~~All~~The department of public safety shall deposit all	5198
fees ~~collected~~it collects under division (E) of this section	5199
~~shall be deposited~~ in the state highway safety fund.	5200

(F) As used in this section, "skills test" means a test of an	5201
applicant's ability to drive the type of commercial motor vehicle	5202
for which the applicant seeks a commercial driver's license by	5203
having the applicant drive such a motor vehicle while under the	5204
supervision of an authorized state driver's license examiner or	5205
tester.	5206

Sec. 4506.11. (A) Every commercial driver's license shall be	5207
marked "commercial driver's license" or "CDL" and shall be of such	5208
material and so designed as to prevent its reproduction or	5209
alteration without ready detection, and, to this end, shall be	5210
laminated with a transparent plastic material. The commercial	5211
driver's license for licensees under twenty-one years of age shall	5212
have characteristics prescribed by the registrar of motor vehicles	5213
distinguishing it from that issued to a licensee who is twenty-one	5214
years of age or older. Every commercial driver's license shall	5215
display all of the following information:	5216

(1) The name and residence address of the licensee;

5217

(2) A color photograph of the licensee;

5218

(3) A physical description of the licensee, including sex,	5219
height, weight, and color of eyes and hair;	5220

(4) The licensee's date of birth;

5221

(5) The licensee's social security number if the person has	5222
requested that the number be displayed in accordance with section	5223
4501.31 of the Revised Code or if federal law requires the social	5224
security number to be displayed and any number or other identifier	5225
the director of public safety considers appropriate and	5226
establishes by rules adopted under Chapter 119. of the Revised	5227
Code and in compliance with federal law.;	5228

(6) The licensee's signature;

5229

(7) The classes of commercial motor vehicles the licensee is	5230
authorized to drive and any endorsements or restrictions relating	5231
to the licensee's driving of those vehicles;	5232

(8) ~~A space marked "blood type" in which the licensee may~~	5233
~~specify the licensee's blood type;~~	5234

~~(9)~~ The name of this state;

5235

~~(10)~~(9) The dates of issuance and of expiration of the	5236
license;	5237

~~(11)~~(10) If the licensee has certified willingness to make an	5238
anatomical donation under section 2108.04 of the Revised Code, any	5239
symbol chosen by the registrar of motor vehicles to indicate that	5240
the licensee has certified that willingness;	5241

~~(12)~~(11) If the licensee has executed a durable power of	5242
attorney for health care or a declaration governing the use or	5243
continuation, or the withholding or withdrawal, of life-sustaining	5244
treatment and has specified that the licensee wishes the license	5245
to indicate that the licensee has executed either type of	5246
instrument, any symbol chosen by the registrar to indicate that	5247
the licensee has executed either type of instrument;	5248

~~(13)~~(12) Any other information the registrar considers	5249
advisable and requires by rule.	5250

(B) The registrar may establish and maintain a file of	5251
negatives of photographs taken for the purposes of this section.	5252

(C) Neither the registrar nor any deputy registrar shall	5253
issue a commercial driver's license to anyone under twenty-one	5254
years of age that does not have the characteristics prescribed by	5255
the registrar distinguishing it from the commercial driver's	5256
license issued to persons who are twenty-one years of age or	5257
older.	5258

(D) Whoever violates division (C) of this section is guilty	5259
of a minor misdemeanor.	5260

Sec. 4506.12. (A) Commercial drivers' licenses shall be	5261
issued in the following classes and shall include any endorsements	5262
and restrictions that are applicable. Subject to any such	5263
endorsements and restrictions, the holder of a valid commercial	5264
driver's license may drive all commercial motor vehicles in the	5265
class for which that license is issued and all lesser classes of	5266
vehicles, except that the holder shall not operate a motorcycle	5267
unless the holder is licensed to do so under Chapter 4507. of the	5268
Revised Code.	5269

(B) The classes of commercial drivers' licenses and the	5270
commercial motor vehicles that they authorize the operation of are	5271
as follows:	5272

(1) Class A--any combination of vehicles with a combined	5273
gross vehicle weight rating of twenty-six thousand one pounds or	5274
more, if the gross vehicle weight rating of the vehicle or	5275
vehicles being towed is in excess of ten thousand pounds.	5276

(2) Class B--any single vehicle with a gross vehicle weight	5277
rating of twenty-six thousand one pounds or more or any such	5278
vehicle towing a vehicle having a gross vehicle weight rating that	5279
is not in excess of ten thousand pounds.	5280

(3) Class C--any single vehicle, or combination of vehicles,	5281
that is not a class A or class B vehicle, but that either is	5282
designed to transport sixteen or more passengers, including the	5283
driver, or is placarded for hazardous materials and any school bus	5284
with a gross vehicle weight rating of less than twenty-six	5285
thousand one pounds that is designed to transport fewer than	5286
sixteen passengers including the driver.	5287

(C) The following endorsements and restrictions apply to	5288
commercial drivers' licenses:	5289

(1) H--authorizes the driver to drive a vehicle transporting	5290
hazardous materials;	5291

(2) K--restricts the driver to only intrastate operation;

5292

(3) L--restricts the driver to vehicles not equipped with air	5293
brakes;	5294

(4) T--authorizes the driver to drive double and triple	5295
trailers;	5296

(5) P--authorizes the driver to drive vehicles carrying	5297
passengers;	5298

(6) P1--authorizes the driver to drive class A vehicles with	5299
fewer than fifteen passengers and all lesser classes of vehicles	5300
without restriction as to the number of passengers;	5301

(7) P2--authorizes the driver to drive class A or B vehicles	5302
with fewer than fifteen passengers and all lesser classes of	5303
vehicles without restriction as to the number of passengers;	5304

(8) P3--restricts the driver to driving class B school buses;

5305

(9) P4--Restricts the driver to driving class C school buses	5306
designed to transport fewer than sixteen passengers including the	5307
driver.	5308

(10) N--authorizes the driver to drive tank vehicles;

5309

(11) S--authorizes the driver to drive school buses;

5310

(12) X--authorizes the driver to drive tank vehicles	5311
transporting hazardous materials;	5312

(13) W--restricts the driver to the operation of commercial	5313
motor vehicles in accordance with a waiver for farm-related	5314
service industries issued under section 4506.24 of the Revised	5315
Code.	5316

(D) In addition to any endorsement that otherwise may apply,	5317
a person who is engaged in the towing of a disabled or wrecked	5318
motor vehicle shall hold a commercial driver's license bearing any	5319
endorsement required to drive the towed vehicle except the driver	5320
is not required to have either of the following:	5321

(1) A passenger endorsement to tow an unoccupied passenger	5322
vehicle;	5323

(2) Any endorsement required for the wrecked or disabled	5324
vehicle when the driver initially removes a vehicle from the site	5325
of the emergency where the vehicle became wrecked or disabled to	5326
the nearest appropriate repair, disposal, or storage facility, as	5327
applicable.	5328

(E) No person shall drive any commercial motor vehicle for	5329
which an endorsement is required under this section unless the	5330
proper endorsement appears on the person's commercial driver's	5331
license.	5332

~~(E)~~(F) Whoever violates this section is guilty of a	5333
misdemeanor of the first degree.	5334

Sec. 4507.13. (A) The registrar of motor vehicles shall	5335
issue a driver's license to every person licensed as an operator	5336
of motor vehicles other than commercial motor vehicles. No person	5337
licensed as a commercial motor vehicle driver under Chapter 4506.	5338
of the Revised Code need procure a driver's license, but no person	5339
shall drive any commercial motor vehicle unless licensed as a	5340
commercial motor vehicle driver.	5341

Every driver's license shall display on it the distinguishing	5342
number assigned to the licensee and shall display the licensee's	5343
name and date of birth; the licensee's residence address and	5344
county of residence; a color photograph of the licensee; a brief	5345
description of the licensee for the purpose of identification; a	5346
facsimile of the signature of the licensee as it appears on the	5347
application for the license; ~~a space marked "blood type" in which~~	5348
~~a licensee may specify the licensee's blood type;~~ a notation, in a	5349
manner prescribed by the registrar, indicating any condition	5350
described in division (D)(3) of section 4507.08 of the Revised	5351
Code to which the licensee is subject; if the licensee has	5352
executed a durable power of attorney for health care or a	5353
declaration governing the use or continuation, or the withholding	5354
or withdrawal, of life-sustaining treatment and has specified that	5355
the licensee wishes the license to indicate that the licensee has	5356
executed either type of instrument, any symbol chosen by the	5357
registrar to indicate that the licensee has executed either type	5358
of instrument; and any additional information that the registrar	5359
requires by rule. No license shall display the licensee's social	5360
security number unless the licensee specifically requests that the	5361
licensee's social security number be displayed on the license. If	5362
federal law requires the licensee's social security number to be	5363
displayed on the license, the social security number shall be	5364
displayed on the license notwithstanding this section.	5365

The driver's license for licensees under twenty-one years of	5366
age shall have characteristics prescribed by the registrar	5367
distinguishing it from that issued to a licensee who is twenty-one	5368
years of age or older, except that a driver's license issued to a	5369
person who applies no more than thirty days before the applicant's	5370
twenty-first birthday shall have the characteristics of a license	5371
issued to a person who is twenty-one years of age or older.	5372

The driver's license issued to a temporary resident shall	5373
contain the word "nonrenewable" and shall have any additional	5374
characteristics prescribed by the registrar distinguishing it from	5375
a license issued to a resident.	5376

Every driver's or commercial driver's license displaying a	5377
motorcycle operator's endorsement and every restricted license to	5378
operate a motor vehicle also shall display the designation	5379
"novice," if the endorsement or license is issued to a person who	5380
is eighteen years of age or older and previously has not been	5381
licensed to operate a motorcycle by this state or another	5382
jurisdiction recognized by this state. The "novice" designation	5383
shall be effective for one year after the date of issuance of the	5384
motorcycle operator's endorsement or license.	5385

Each license issued under this section shall be of such	5386
material and so designed as to prevent its reproduction or	5387
alteration without ready detection and, to this end, shall be	5388
laminated with a transparent plastic material.	5389

(B) Except in regard to a driver's license issued to a person	5390
who applies no more than thirty days before the applicant's	5391
twenty-first birthday, neither the registrar nor any deputy	5392
registrar shall issue a driver's license to anyone under	5393
twenty-one years of age that does not have the characteristics	5394
prescribed by the registrar distinguishing it from the driver's	5395
license issued to persons who are twenty-one years of age or	5396
older.	5397

(C) Whoever violates division (B) of this section is guilty	5398
of a minor misdemeanor.	5399

Sec. 4507.141. (A) Any hearing-impaired person may apply to	5400
the registrar of motor vehicles for an identification card	5401
identifying the person as hearing-impaired. The application for a	5402
hearing-impaired identification card shall be accompanied by a	5403
signed statement from the applicant's personal physician	5404
certifying that the applicant is hearing-impaired. Upon receipt of	5405
the application for the identification card and the signed	5406
statement from the applicant's personal physician, and upon	5407
presentation by the applicant of ~~his~~the applicant's driver's or	5408
commercial driver's license or motorcycle operator's license ~~and~~	5409
~~payment of a fee of five dollars~~, the registrar shall issue the	5410
applicant an identification card. A hearing-impaired person may	5411
also apply for a hearing-impaired identification card at the time	5412
hethe person applies for a driver's or commercial driver's	5413
license or motorcycle operator's license or endorsement. Every	5414
hearing-impaired identification card shall expire on the same date	5415
that the cardholder's driver's or commercial driver's license or	5416
motorcycle operator's license expires.	5417

(B) The hearing-impaired identification card shall be	5418
rectangular in shape, approximately the same size as an average	5419
motor vehicle sun visor, as determined by the registrar, to enable	5420
the identification card to be attached to a sun visor in a motor	5421
vehicle. The identification card shall contain the heading	5422
"Identification Card for the Hearing-impaired Driver" in boldface	5423
type, the name and signature of the hearing-impaired person to	5424
whom it is issued, an identifying number, and instructions on the	5425
actions the hearing-impaired person should take and the actions	5426
the person should refrain from taking in the event hethe person	5427
is stopped by a law enforcement officer while operating the motor	5428
vehicle. The registrar shall determine the preferred manner in	5429
which a hearing-impaired motorcycle operator should carry or	5430
display the hearing-impaired identification card, and the color	5431
and composition of, and any other information to be included on,	5432
the identification card.	5433

(C) As used in this section, "hearing-impaired" means a	5434
hearing loss of forty decibels or more in one or both ears.	5435

Sec. 4507.1614. The registrar shall suspend the person's	5436
license or permit under division (A) of section 4507.162 of the	5437
Revised Code regardless of whether the disposition of the case in	5438
juvenile court occurred after the person's eighteenth birthday.	5439

Sec. 4507.19. The registrar of motor vehicles may cancel any	5440
driver's or commercial driver's license or identification card	5441
that was obtained fraudulently or unlawfully, was issued in error,	5442
or has been altered or willfully destroyed.	5443

Sec. 4507.20. The registrar of motor vehicles, when the	5444
registrar has good cause to believe that the holder of a driver's	5445
or commercial driver's license is incompetent or otherwise not	5446
qualified to be licensed, shall ~~upon~~send a written notice ~~of at~~	5447
~~least thirty days sent~~ to the licensee's last known address,	5448
~~require~~requiring the licensee to submit to a driver's license	5449
examination, a physical examination, or both, or a commercial	5450
driver's license examination within the time indicated on the	5451
notice. The physical examination may be conducted by any	5452
individual authorized by the Revised Code to do so, including a	5453
physician assistant, a clinical nurse specialist, a certified	5454
nurse practitioner, or a certified nurse-midwife. Any written	5455
documentation of the physical examination shall be completed by	5456
the individual who conducted the examination.	5457

Upon the conclusion of the examination, the registrar may	5458
suspend the license of the person, may permit the licensee to	5459
retain the license, or may issue the licensee a restricted	5460
license. Refusal or neglect of the licensee to submit to the	5461
examination is ground for suspension of the licensee's license.	5462

A physician licensed under Chapter 4731. of the Revised Code	5463
may submit a report to the registrar stating that in the	5464
physician's professional opinion the holder of a driver's or	5465
commercial driver's license may be incompetent or otherwise not	5466
qualified to operate safely a motor vehicle due to medical	5467
reasons. Any such report submitted to the registrar is	5468
confidential, is not a public record, and is not subject to	5469
disclosure under section 149.43 of the Revised Code.	5470

Sec. 4507.50. (A) The registrar of motor vehicles or a	5471
deputy registrar, upon receipt of an application filed in	5472
compliance with section 4507.51 of the Revised Code by any person	5473
who is a resident or a temporary resident of this state and,	5474
except as otherwise provided in this section, is not licensed as	5475
an operator of a motor vehicle in this state or another licensing	5476
jurisdiction, and, except as provided in division (B) of this	5477
section, upon receipt of a fee of three dollars and fifty cents,	5478
shall issue an identification card to that person.	5479

Any person who is a resident or temporary resident of this	5480
state whose Ohio driver's or commercial driver's license has been	5481
suspended or canceled, upon application in compliance with section	5482
4507.51 of the Revised Code and, except as provided in division	5483
(B) of this section, payment of a fee of three dollars and fifty	5484
cents, may be issued a temporary identification card. The	5485
temporary identification card shall be identical to an	5486
identification card, except that it shall be printed on its face	5487
with a statement that the card is valid during the effective dates	5488
of the suspension or cancellation of the cardholder's license, or	5489
until the birthday of the cardholder in the fourth year after the	5490
date on which it is issued, whichever is shorter. The cardholder	5491
shall surrender the identification card to the registrar or any	5492
deputy registrar before the cardholder's driver's or commercial	5493
driver's license is restored or reissued.	5494

Except as provided in division (B) of this section, the	5495
deputy registrar shall be allowed a fee of two dollars and	5496
seventy-five cents commencing on July 1, 2001, three dollars and	5497
twenty-five cents commencing on January 1, 2003, and three dollars	5498
and fifty cents commencing on January 1, 2004, for each	5499
identification card issued under this section. The fee allowed to	5500
the deputy registrar shall be in addition to the fee for issuing	5501
an identification card.	5502

Neither the registrar nor any deputy registrar shall charge a	5503
fee in excess of one dollar and fifty cents for laminating an	5504
identification card or temporary identification card. A deputy	5505
registrar laminating such a card shall retain the entire amount of	5506
the fee charged for lamination, less the actual cost to the	5507
registrar of the laminating materials used for that lamination, as	5508
specified in the contract executed by the bureau for the	5509
laminating materials and laminating equipment. The deputy	5510
registrar shall forward the amount of the cost of the laminating	5511
materials to the registrar for deposit as provided in this	5512
section.	5513

The fee collected for issuing an identification card under	5514
this section, except the fee allowed to the deputy registrar,	5515
shall be paid into the state treasury to the credit of the state	5516
bureau of motor vehicles fund created in section 4501.25 of the	5517
Revised Code.	5518

(B) A disabled veteran who has a service-connected disability	5519
rated at one hundred per cent by the veterans' administration may	5520
apply to the registrar or a deputy registrar for the issuance to	5521
that veteran of an identification card or a temporary	5522
identification card under this section without payment of any fee	5523
prescribed in division (A) of this section, including any	5524
lamination fee.	5525

~~If the identification card or temporary identification card~~	5526
~~of a disabled veteran described in this division is laminated by a~~	5527
~~deputy registrar who is acting as a deputy registrar pursuant to a~~	5528
~~contract with the registrar that is in effect on the effective~~	5529
~~date of this amendment, the disabled veteran shall pay the deputy~~	5530
~~registrar the lamination fee prescribed in division (A) of this~~	5531
~~section. If the identification card or temporary identification~~	5532
~~card is laminated by a deputy registrar who is acting as a deputy~~	5533
~~registrar pursuant to a contract with the registrar that is~~	5534
~~executed after July 29, 1998, the disabled veteran is not required~~	5535
~~to pay the deputy registrar the lamination fee prescribed in~~	5536
~~division (A) of this section.~~	5537

~~A disabled veteran whose identification card or temporary~~	5538
~~identification card is laminated by the registrar is not required~~	5539
~~to pay the registrar any lamination fee.~~	5540

An application made under division ~~(A)~~(B) of this section	5541
shall be accompanied by such documentary evidence of disability as	5542
the registrar may require by rule.	5543

Sec. 4507.51. (A)(1) Every application for an identification	5544
card or duplicate shall be made on a form furnished by the	5545
registrar of motor vehicles, shall be signed by the applicant, and	5546
by the applicant's parent or guardian if the applicant is under	5547
eighteen years of age, and shall contain the following information	5548
pertaining to the applicant: name, date of birth, sex, general	5549
description including the applicant's height, weight, hair color,	5550
and eye color, address, and social security number~~, and at the~~	5551
~~option of the applicant, the applicant's the applicant's the~~	5552
~~applicant's the applicant's blood type. The application form shall~~	5553
~~state that an applicant is not required to furnish the applicant's~~	5554
~~the applicant's blood type~~. The application also shall state	5555
whether an applicant wishes to certify willingness to make an	5556
anatomical gift under section 2108.04 of the Revised Code and	5557
shall include information about the requirements of that section	5558
that apply to persons who are less than eighteen years of age. The	5559
statement regarding willingness to make such a donation shall be	5560
given no consideration in the decision of whether to issue an	5561
identification card. Each applicant shall be photographed in color	5562
at the time of making application.	5563

(2) The application also shall state whether the applicant	5564
has executed a valid durable power of attorney for health care	5565
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	5566
executed a declaration governing the use or continuation, or the	5567
withholding or withdrawal, of life-sustaining treatment pursuant	5568
to sections 2133.01 to 2133.15 of the Revised Code and, if the	5569
applicant has executed either type of instrument, whether the	5570
applicant wishes the identification card issued to indicate that	5571
the applicant has executed the instrument.	5572

(3) The registrar or deputy registrar, in accordance with	5573
section 3503.11 of the Revised Code, shall register as an elector	5574
any person who applies for an identification card or duplicate if	5575
the applicant is eligible and wishes to be registered as an	5576
elector. The decision of an applicant whether to register as an	5577
elector shall be given no consideration in the decision of whether	5578
to issue the applicant an identification card or duplicate.	5579

(B) The application for an identification card or duplicate	5580
shall be filed in the office of the registrar or deputy registrar.	5581
Each applicant shall present documentary evidence as required by	5582
the registrar of the applicant's age and identity ~~or her or her~~,	5583
and the applicant shall swear that all information given is true.	5584

All applications for an identification card or duplicate	5585
shall be filed in duplicate, and if submitted to a deputy	5586
registrar, a copy shall be forwarded to the registrar. The	5587
registrar shall prescribe rules for the manner in which a deputy	5588
registrar is to file and maintain applications and other records.	5589
The registrar shall maintain a suitable, indexed record of all	5590
applications denied and cards issued or canceled.	5591

Sec. 4507.53. Digitalized photographic records of the	5592
department of public safety may be released only to state, local,	5593
or federal ~~law enforcement~~governmental agencies for criminal	5594
justice purposes and to any court.	5595

Sec. 4507.99. ~~(A)~~ Unless another penalty is provided by the	5596
section that contains the provision violated or otherwise is	5597
provided by the laws of this state, whoever violates any provision	5598
of sections 4507.01 to 4507.081 or 4507.10 to 4507.37 of the	5599
Revised Code is guilty of a misdemeanor of the first degree.	5600

~~(B) Whenever a person is found guilty of a violation of a~~	5601
~~traffic offense specified in Traffic Rule 13(B) that requires the~~	5602
~~person's appearance in court, the court shall require the person~~	5603
~~to verify the existence at the time of the offense of proof of~~	5604
~~financial responsibility covering the person's operation of the~~	5605
~~motor vehicle, or the motor vehicle if registered in the person's~~	5606
~~name, and notify the registrar pursuant to division (D) of section~~	5607
~~4509.101 of the Revised Code if the person fails to verify the~~	5608
~~existence of such proof of financial responsibility.~~	5609

Sec. 4509.05. (A) Upon request, the registrar of motor	5610
vehicles shall search and furnish a certified abstract of the	5611
following information with respect to any person:	5612

~~(A)~~(1) An enumeration of the motor vehicle accidents in which	5613
such person has been involved except accidents certified as	5614
described in division (D) of section 3937.41 of the Revised Code;	5615

~~(B)~~(2) Such person's record of convictions for violation of	5616
the motor vehicle laws.	5617

(B) The registrar shall collect for each abstract a fee of	5618
two dollars.	5619

(C) The registrar may permit deputy registrars to perform a	5620
search and furnish a certified abstract under this section. A	5621
deputy registrar performing this function shall comply with	5622
section 4501.27 of the Revised Code concerning the disclosure of	5623
personal information, shall collect and transmit to the registrar	5624
the two dollar fee established under division (B) of this section,	5625
and may collect and retain a service fee of three dollars and	5626
twenty-five cents commencing on the effective date of this	5627
amendment. If the deputy registrar fees are increased on January	5628
1, 2004, in accordance with section 4503.034 of the Revised Code,	5629
the deputy registrar may collect and retain a service fee of three	5630
dollars and fifty cents, commencing on that date.	5631

Sec. 4509.101. (A)(1) No person shall operate, or permit the	5632
operation of, a motor vehicle in this state, unless proof of	5633
financial responsibility is maintained continuously throughout the	5634
registration period with respect to that vehicle, or, in the case	5635
of a driver who is not the owner, with respect to that driver's	5636
operation of that vehicle.	5637

(2) Whoever violates division (A)(1) of this section shall be	5638
subject to the following civil penalties:	5639

(a) Subject to divisions (A)(2)(b) and (c) of this section, a	5640
class E suspension of the person's driver's license, commercial	5641
driver's license, temporary instruction permit, probationary	5642
license, or nonresident operating privilege for the period of time	5643
specified in division (B)(5) of section 4510.02 of the Revised	5644
Code and impoundment of the person's license. The court may grant	5645
limited driving privileges to the person only if the person	5646
presents proof of financial responsibility and has complied with	5647
division (A)(5) of this section.	5648

(b) If, within five years of the violation, the person's	5649
operating privileges are again suspended and the person's license	5650
again is impounded for a violation of division (A)(1) of this	5651
section, a class C suspension of the person's driver's license,	5652
commercial driver's license, temporary instruction permit,	5653
probationary license, or nonresident operating privilege for the	5654
period of time specified in division (B)(3) of section 4510.02 of	5655
the Revised Code. The court may grant limited driving privileges	5656
to the person only if the person presents proof of financial	5657
responsibility and has complied with division (A)(5) of this	5658
section, and no court may grant limited driving privileges for the	5659
first fifteen days of the suspension.	5660

(c) If, within five years of the violation, the person's	5661
operating privileges are suspended and the person's license is	5662
impounded two or more times for a violation of division (A)(1) of	5663
this section, a class B suspension of the person's driver's	5664
license, commercial driver's license, temporary instruction	5665
permit, probationary license, or nonresident operating privilege	5666
for the period of time specified in division (B)(2) of section	5667
4510.02 of the Revised Code. No court may grant limited driving	5668
privileges during the suspension.	5669

(d) In addition to the suspension of an owner's license under	5670
division (A)(2)(a), (b), or (c) of this section, the suspension of	5671
the rights of the owner to register the motor vehicle and the	5672
impoundment of the owner's certificate of registration and license	5673
plates until the owner complies with division (A)(5) of this	5674
section.	5675

(3) A person to whom this state has issued a certificate of	5676
registration for a motor vehicle or a license to operate a motor	5677
vehicle or who is determined to have operated any motor vehicle or	5678
permitted the operation in this state of a motor vehicle owned by	5679
the person shall be required to verify the existence of proof of	5680
financial responsibility covering the operation of the motor	5681
vehicle or the person's operation of the motor vehicle under any	5682
of the following circumstances:	5683

(a) The person or a motor vehicle owned by the person is	5684
involved in a traffic accident that requires the filing of an	5685
accident report under section 4509.06 of the Revised Code.	5686

(b) The person receives a traffic ticket indicating that	5687
proof of the maintenance of financial responsibility was not	5688
produced upon the request of a peace officer or state highway	5689
patrol trooper made in accordance with division (D)(2) of this	5690
section.	5691

(c) Whenever, in accordance with rules adopted by the	5692
registrar, the person is randomly selected by the registrar and	5693
requested to provide such verification.	5694

(4) An order of the registrar that suspends and impounds a	5695
license or registration, or both, shall state the date on or	5696
before which the person is required to surrender the person's	5697
license or certificate of registration and license plates. The	5698
person is deemed to have surrendered the license or certificate of	5699
registration and license plates, in compliance with the order, if	5700
the person does either of the following:	5701

(a) On or before the date specified in the order, personally	5702
delivers the license or certificate of registration and license	5703
plates, or causes the delivery of the items, to the registrar;	5704

(b) Mails the license or certificate of registration and	5705
license plates to the registrar in an envelope or container	5706
bearing a postmark showing a date no later than the date specified	5707
in the order.	5708

(5) Except as provided in division (A)(6) or (L) of this	5709
section, the registrar shall not restore any operating privileges	5710
or registration rights suspended under this section, return any	5711
license, certificate of registration, or license plates impounded	5712
under this section, or reissue license plates under section	5713
4503.232 of the Revised Code, if the registrar destroyed the	5714
impounded license plates under that section, or reissue a license	5715
under section 4510.52 of the Revised Code, if the registrar	5716
destroyed the suspended license under that section, unless the	5717
rights are not subject to suspension or revocation under any other	5718
law and unless the person, in addition to complying with all other	5719
conditions required by law for reinstatement of the operating	5720
privileges or registration rights, complies with all of the	5721
following:	5722

(a) Pays a financial responsibility reinstatement fee of	5723
seventy-five dollars for the first violation of division (A)(1) of	5724
this section, two hundred fifty dollars for a second violation of	5725
that division, and five hundred dollars for a third or subsequent	5726
violation of that division;	5727

(b) If the person has not voluntarily surrendered the	5728
license, certificate, or license plates in compliance with the	5729
order, pays a financial responsibility nonvoluntary compliance fee	5730
in an amount, not to exceed fifty dollars, determined by the	5731
registrar;	5732

(c) Files and continuously maintains proof of financial	5733
responsibility under sections 4509.44 to 4509.65 of the Revised	5734
Code.	5735

(6) If the registrar issues an order under division (A)(2) of	5736
this section resulting from the failure of a person to respond to	5737
a financial responsibility random verification request under	5738
division (A)(3)(c) of this section and the person successfully	5739
maintains an affirmative defense to a violation of section 4510.16	5740
of the Revised Code or is determined by the registrar or a deputy	5741
registrar to have been in compliance with division (A)(1) of this	5742
section at the time of the initial financial responsibility random	5743
verification request, the registrar shall do both of the	5744
following:	5745

(a) Terminate the order of suspension or impoundment;

5746

(b) Restore the operating privileges and registration rights	5747
of the person without payment of the fees established in divisions	5748
(A)(5)(a) and (b) of this section and without a requirement to	5749
file proof of financial responsibility.	5750

(B)(1) Every party required to file an accident report under	5751
section 4509.06 of the Revised Code also shall include with the	5752
report a document described in division (G)(1) of this section.	5753

If the registrar determines, within forty-five days after the	5754
report is filed, that an operator or owner has violated division	5755
(A)(1) of this section, the registrar shall do all of the	5756
following:	5757

(a) Order the impoundment, with respect to the motor vehicle	5758
involved, required under division (A)(2)(d) of this section, of	5759
the certificate of registration and license plates of any owner	5760
who has violated division (A)(1) of this section;	5761

(b) Order the suspension required under division (A)(2)(a),	5762
(b), or (c) of this section of the license of any operator or	5763
owner who has violated division (A)(1) of this section;	5764

(c) Record the name and address of the person whose	5765
certificate of registration and license plates have been impounded	5766
or are under an order of impoundment, or whose license has been	5767
suspended or is under an order of suspension; the serial number of	5768
the person's license; the serial numbers of the person's	5769
certificate of registration and license plates; and the person's	5770
social security account number, if assigned, or, where the motor	5771
vehicle is used for hire or principally in connection with any	5772
established business, the person's federal taxpayer identification	5773
number. The information shall be recorded in such a manner that it	5774
becomes a part of the person's permanent record, and assists the	5775
registrar in monitoring compliance with the orders of suspension	5776
or impoundment.	5777

(d) Send written notification to every person to whom the	5778
order pertains, at the person's last known address as shown on the	5779
records of the bureau. The person, within ten days after the date	5780
of the mailing of the notification, shall surrender to the	5781
registrar, in a manner set forth in division (A)(4) of this	5782
section, any certificate of registration and registration plates	5783
under an order of impoundment, or any license under an order of	5784
suspension.	5785

(2) The registrar shall issue any order under division (B)(1)	5786
of this section without a hearing. Any person adversely affected	5787
by the order, within ten days after the issuance of the order, may	5788
request an administrative hearing before the registrar, who shall	5789
provide the person with an opportunity for a hearing in accordance	5790
with this paragraph. A request for a hearing does not operate as a	5791
suspension of the order. The scope of the hearing shall be limited	5792
to whether the person in fact demonstrated to the registrar proof	5793
of financial responsibility in accordance with this section. The	5794
registrar shall determine the date, time, and place of any	5795
hearing, provided that the hearing shall be held, and an order	5796
issued or findings made, within thirty days after the registrar	5797
receives a request for a hearing. If requested by the person in	5798
writing, the registrar may designate as the place of hearing the	5799
county seat of the county in which the person resides or a place	5800
within fifty miles of the person's residence. The person shall pay	5801
the cost of the hearing before the registrar, if the registrar's	5802
order of suspension or impoundment is upheld.	5803

(C) Any order of suspension or impoundment issued under this	5804
section or division (B) of section 4509.37 of the Revised Code may	5805
be terminated at any time if the registrar determines upon a	5806
showing of proof of financial responsibility that the operator or	5807
owner of the motor vehicle was in compliance with division (A)(1)	5808
of this section at the time of the traffic offense, motor vehicle	5809
inspection, or accident that resulted in the order against the	5810
person. A determination may be made without a hearing. This	5811
division does not apply unless the person shows good cause for the	5812
person's failure to present satisfactory proof of financial	5813
responsibility to the registrar prior to the issuance of the	5814
order.	5815

(D)(1) For the purpose of enforcing this section, every peace	5816
officer is deemed an agent of the registrar.	5817

(a) Except as provided in division (D)(1)(b) of this section,	5818
any peace officer who, in the performance of the peace officer's	5819
duties as authorized by law, becomes aware of a person whose	5820
license is under an order of suspension, or whose certificate of	5821
registration and license plates are under an order of impoundment,	5822
pursuant to this section, may confiscate the license, certificate	5823
of registration, and license plates, and return them to the	5824
registrar.	5825

(b) Any peace officer who, in the performance of the peace	5826
officer's duties as authorized by law, becomes aware of a person	5827
whose license is under an order of suspension, or whose	5828
certificate of registration and license plates are under an order	5829
of impoundment resulting from failure to respond to a financial	5830
responsibility random verification, shall not, for that reason,	5831
arrest the owner or operator or seize the vehicle or license	5832
plates. Instead, the peace officer shall issue a citation for a	5833
violation of section 4510.16 of the Revised Code specifying the	5834
circumstances as failure to respond to a financial responsibility	5835
random verification.	5836

(2) A peace officer shall request the owner or operator of a	5837
motor vehicle to produce proof of financial responsibility in a	5838
manner described in division (G) of this section at the time the	5839
peace officer acts to enforce the traffic laws of this state and	5840
during motor vehicle inspections conducted pursuant to section	5841
4513.02 of the Revised Code.	5842

(3) A peace officer shall indicate on every traffic ticket	5843
whether the person receiving the traffic ticket produced proof of	5844
the maintenance of financial responsibility in response to the	5845
officer's request under division (D)(2) of this section. The peace	5846
officer shall inform every person who receives a traffic ticket	5847
and who has failed to produce proof of the maintenance of	5848
financial responsibility that the person must submit proof to the	5849
traffic violations bureau with any payment of a fine and costs for	5850
the ticketed violation or, if the person is to appear in court for	5851
the violation, the person must submit proof to the court.	5852

(4)(a) If a person who has failed to produce proof of the	5853
maintenance of financial responsibility appears in court for a	5854
ticketed violation, the court may permit the defendant to present	5855
evidence of proof of financial responsibility to the court at such	5856
time and in such manner as the court determines to be necessary or	5857
appropriate. ~~The~~In a manner prescribed by the registrar, the	5858
clerk of courts shall provide the registrar with the identity of	5859
any person who fails to submit proof of the maintenance of	5860
financial responsibility pursuant to division (D)(3) of this	5861
section.	5862

(b) If a person who has failed to produce proof of the	5863
maintenance of financial responsibility also fails to submit that	5864
proof to the traffic violations bureau with payment of a fine and	5865
costs for the ticketed violation, the traffic violations bureau,	5866
in a manner prescribed by the registrar, shall notify the	5867
registrar of the identity of that person.	5868

(5)(a) Upon receiving notice from a clerk of courts or	5869
traffic violations bureau pursuant to division (D)(4) of this	5870
section, the registrar shall order the suspension of the license	5871
of the person required under division (A)(2)(a), (b), or (c) of	5872
this section and the impoundment of the person's certificate of	5873
registration and license plates required under division (A)(2)(d)	5874
of this section, effective thirty days after the date of the	5875
mailing of notification. The registrar also shall notify the	5876
person that the person must present the registrar with proof of	5877
financial responsibility in accordance with this section,	5878
surrender to the registrar the person's certificate of	5879
registration, license plates, and license, or submit a statement	5880
subject to section 2921.13 of the Revised Code that the person did	5881
not operate or permit the operation of the motor vehicle at the	5882
time of the offense. Notification shall be in writing and shall be	5883
sent to the person at the person's last known address as shown on	5884
the records of the bureau of motor vehicles. The person, within	5885
fifteen days after the date of the mailing of notification, shall	5886
present proof of financial responsibility, surrender the	5887
certificate of registration, license plates, and license to the	5888
registrar in a manner set forth in division (A)(4) of this	5889
section, or submit the statement required under this section	5890
together with other information the person considers appropriate.	5891

If the registrar does not receive proof or the person does	5892
not surrender the certificate of registration, license plates, and	5893
license, in accordance with this division, the registrar shall	5894
permit the order for the suspension of the license of the person	5895
and the impoundment of the person's certificate of registration	5896
and license plates to take effect.	5897

(b) In the case of a person who presents, within the	5898
fifteen-day period, documents to show proof of financial	5899
responsibility, the registrar shall terminate the order of	5900
suspension and the impoundment of the registration and license	5901
plates required under division (A)(2)(d) of this section and shall	5902
send written notification to the person, at the person's last	5903
known address as shown on the records of the bureau.	5904

(c) Any person adversely affected by the order of the	5905
registrar under division (D)(5)(a) or (b) of this section, within	5906
ten days after the issuance of the order, may request an	5907
administrative hearing before the registrar, who shall provide the	5908
person with an opportunity for a hearing in accordance with this	5909
paragraph. A request for a hearing does not operate as a	5910
suspension of the order. The scope of the hearing shall be limited	5911
to whether, at the time of the hearing, the person ~~in fact~~	5912
~~demonstrated to the registrar~~presents proof of financial	5913
responsibility covering the vehicle and whether the person is	5914
eligible for an exemption in accordance with this section or any	5915
rule adopted under it. The registrar shall determine the date,	5916
time, and place of any hearing; provided, that the hearing shall	5917
be held, and an order issued or findings made, within thirty days	5918
after the registrar receives a request for a hearing. If requested	5919
by the person in writing, the registrar may designate as the place	5920
of hearing the county seat of the county in which the person	5921
resides or a place within fifty miles of the person's residence.	5922
Such person shall pay the cost of the hearing before the	5923
registrar, if the registrar's order of suspension or impoundment	5924
under division (D)(5)(a) or (b) of this section is upheld.	5925

(6) A peace officer may charge an owner or operator of a	5926
motor vehicle with a violation of section 4510.16 of the Revised	5927
Code when the owner or operator fails to show proof of the	5928
maintenance of financial responsibility pursuant to a peace	5929
officer's request under division (D)(2) of this section, if a	5930
check of the owner or operator's driving record indicates that the	5931
owner or operator, at the time of the operation of the motor	5932
vehicle, is required to file and maintain proof of financial	5933
responsibility under section 4509.45 of the Revised Code for a	5934
previous violation of this chapter.	5935

(7) Any forms used by law enforcement agencies in	5936
administering this section shall be prescribed, supplied, and paid	5937
for by the registrar.	5938

(8) No peace officer, law enforcement agency employing a	5939
peace officer, or political subdivision or governmental agency	5940
that employs a peace officer shall be liable in a civil action for	5941
damages or loss to persons arising out of the performance of any	5942
duty required or authorized by this section.	5943

(9) As used in this division and divisions (E) and (G) of	5944
this section, "peace officer" has the meaning set forth in section	5945
2935.01 of the Revised Code.	5946

(E) All fees, except court costs, collected under this	5947
section shall be paid into the state treasury to the credit of the	5948
financial responsibility compliance fund. The financial	5949
responsibility compliance fund shall be used exclusively to cover	5950
costs incurred by the bureau in the administration of this section	5951
and sections 4503.20, 4507.212, and 4509.81 of the Revised Code,	5952
and by any law enforcement agency employing any peace officer who	5953
returns any license, certificate of registration, and license	5954
plates to the registrar pursuant to division (C) of this section,	5955
except that the director of budget and management may transfer	5956
excess money from the financial responsibility compliance fund to	5957
the state bureau of motor vehicles fund if the registrar	5958
determines that the amount of money in the financial	5959
responsibility compliance fund exceeds the amount required to	5960
cover such costs incurred by the bureau or a law enforcement	5961
agency and requests the director to make the transfer.	5962

All investment earnings of the financial responsibility	5963
compliance fund shall be credited to the fund.	5964

(F) Chapter 119. of the Revised Code applies to this section	5965
only to the extent that any provision in that chapter is not	5966
clearly inconsistent with this section.	5967

(G)(1) The registrar, court, traffic violations bureau, or	5968
peace officer may require proof of financial responsibility to be	5969
demonstrated by use of a standard form prescribed by the	5970
registrar. If the use of a standard form is not required, a person	5971
may demonstrate proof of financial responsibility under this	5972
section by presenting to the traffic violations bureau, court,	5973
registrar, or peace officer any of the following documents or a	5974
copy of the documents:	5975

(a) A financial responsibility identification card as	5976
provided in section 4509.103 of the Revised Code;	5977

(b) A certificate of proof of financial responsibility on a	5978
form provided and approved by the registrar for the filing of an	5979
accident report required to be filed under section 4509.06 of the	5980
Revised Code;	5981

(c) A policy of liability insurance, a declaration page of a	5982
policy of liability insurance, or liability bond, if the policy or	5983
bond complies with section 4509.20 or sections 4509.49 to 4509.61	5984
of the Revised Code;	5985

(d) A bond or certification of the issuance of a bond as	5986
provided in section 4509.59 of the Revised Code;	5987

(e) A certificate of deposit of money or securities as	5988
provided in section 4509.62 of the Revised Code;	5989

(f) A certificate of self-insurance as provided in section	5990
4509.72 of the Revised Code.	5991

(2) If a person fails to demonstrate proof of financial	5992
responsibility in a manner described in division (G)(1) of this	5993
section, the person may demonstrate proof of financial	5994
responsibility under this section by any other method that the	5995
court or the bureau, by reason of circumstances in a particular	5996
case, may consider appropriate.	5997

(3) A motor carrier certificated by the interstate commerce	5998
commission or by the public utilities commission may demonstrate	5999
proof of financial responsibility by providing a statement	6000
designating the motor carrier's operating authority and averring	6001
that the insurance coverage required by the certificating	6002
authority is in full force and effect.	6003

(4)(a) A finding by the registrar or court that a person is	6004
covered by proof of financial responsibility in the form of an	6005
insurance policy or surety bond is not binding upon the named	6006
insurer or surety or any of its officers, employees, agents, or	6007
representatives and has no legal effect except for the purpose of	6008
administering this section.	6009

(b) The preparation and delivery of a financial	6010
responsibility identification card or any other document	6011
authorized to be used as proof of financial responsibility under	6012
this division does not do any of the following:	6013

(i) Create any liability or estoppel against an insurer or	6014
surety, or any of its officers, employees, agents, or	6015
representatives;	6016

(ii) Constitute an admission of the existence of, or of any	6017
liability or coverage under, any policy or bond;	6018

(iii) Waive any defenses or counterclaims available to an	6019
insurer, surety, agent, employee, or representative in an action	6020
commenced by an insured or third-party claimant upon a cause of	6021
action alleged to have arisen under an insurance policy or surety	6022
bond or by reason of the preparation and delivery of a document	6023
for use as proof of financial responsibility.	6024

(c) Whenever it is determined by a final judgment in a	6025
judicial proceeding that an insurer or surety, which has been	6026
named on a document accepted by a court or the registrar as proof	6027
of financial responsibility covering the operation of a motor	6028
vehicle at the time of an accident or offense, is not liable to	6029
pay a judgment for injuries or damages resulting from such	6030
operation, the registrar, notwithstanding any previous contrary	6031
finding, shall forthwith suspend the operating privileges and	6032
registration rights of the person against whom the judgment was	6033
rendered as provided in division (A)(2) of this section.	6034

(H) In order for any document described in division (G)(1)(b)	6035
of this section to be used for the demonstration of proof of	6036
financial responsibility under this section, the document shall	6037
state the name of the insured or obligor, the name of the insurer	6038
or surety company, and the effective and expiration dates of the	6039
financial responsibility, and designate by explicit description or	6040
by appropriate reference all motor vehicles covered which may	6041
include a reference to fleet insurance coverage.	6042

(I) For purposes of this section, "owner" does not include a	6043
licensed motor vehicle leasing dealer as defined in section	6044
4517.01 of the Revised Code, but does include a motor vehicle	6045
renting dealer as defined in section 4549.65 of the Revised Code.	6046
Nothing in this section or in section 4509.51 of the Revised Code	6047
shall be construed to prohibit a motor vehicle renting dealer from	6048
entering into a contractual agreement with a person whereby the	6049
person renting the motor vehicle agrees to be solely responsible	6050
for maintaining proof of financial responsibility, in accordance	6051
with this section, with respect to the operation, maintenance, or	6052
use of the motor vehicle during the period of the motor vehicle's	6053
rental.	6054

(J) The purpose of this section is to require the maintenance	6055
of proof of financial responsibility with respect to the operation	6056
of motor vehicles on the highways of this state, so as to minimize	6057
those situations in which persons are not compensated for injuries	6058
and damages sustained in motor vehicle accidents. The general	6059
assembly finds that this section contains reasonable civil	6060
penalties and procedures for achieving this purpose.	6061

(K) Nothing in this section shall be construed to be subject	6062
to section 4509.78 of the Revised Code.	6063

(L)(1) The registrar may terminate any suspension imposed	6064
under this section and not require the owner to comply with	6065
divisions (A)(5)(a), (b), and (c) of this section if the registrar	6066
with or without a hearing determines that the owner of the vehicle	6067
has established by clear and convincing evidence that all of the	6068
following apply:	6069

~~(1)~~(a) The owner customarily maintains proof of financial	6070
responsibility.	6071

~~(2)~~(b) Proof of financial responsibility was not in effect	6072
for the vehicle on the date in question for one of the following	6073
reasons:	6074

~~(a)~~(i) The vehicle was inoperable.

6075

~~(b)~~(ii) The vehicle is operated only seasonally, and the date	6076
in question was outside the season of operation.	6077

~~(c)~~(iii) A person other than the vehicle owner or driver was	6078
at fault for the lapse of proof of financial responsibility	6079
through no fault of the owner or driver.	6080

~~(d)~~(iv) The lapse of proof of financial responsibility was	6081
caused by excusable neglect under circumstances that are not	6082
likely to recur and do not suggest a purpose to evade the	6083
requirements of this chapter.	6084

~~(3)~~(2) The registrar may grant an owner or driver relief for	6085
a reason specified in division (L)(1)(b)(i) or (ii) of this	6086
section whenever the owner or driver is randomly selected to	6087
verify the existence of proof of financial responsibility for such	6088
a vehicle. However, the registrar may grant an owner or driver	6089
relief for a reason specified in division (L)(1)(b)(iii) or (iv)	6090
of this section only if the owner or driver has not previously	6091
been granted relief under division (L)(1)(b)(iii) or (iv) of this	6092
section.	6093

(M) The registrar shall adopt rules in accordance with	6094
Chapter 119. of the Revised Code that are necessary to administer	6095
and enforce this section. The rules shall include procedures for	6096
the surrender of license plates upon failure to maintain proof of	6097
financial responsibility and provisions relating to reinstatement	6098
of registration rights, acceptable forms of proof of financial	6099
responsibility, and verification of the existence of financial	6100
responsibility during the period of registration.	6101

Sec. 4509.79. (A) As used in this section, "ridesharing	6102
arrangement" means the transportation of persons in a motor	6103
vehicle where such transportation is incidental to another purpose	6104
of a volunteer driver and includes ridesharing arrangements known	6105
as carpools, vanpools, and buspools.	6106

(B) Every owner registering as a passenger car a motor	6107
vehicle designed and used for carrying more than nine but not more	6108
than fifteen passengers or registering a bus under division	6109
~~(H)(8)~~(G) of section 4503.04 of the Revised Code shall have in	6110
effect, whenever the motor vehicle is used in a ridesharing	6111
arrangement, a policy of liability insurance with respect to the	6112
motor vehicle in amounts and coverage no less than:	6113

(1) One hundred thousand dollars because of bodily injury to	6114
or death of one person in any one accident;	6115

(2) Three hundred thousand dollars because of bodily injury	6116
to or death of two or more persons in any one accident;	6117

(3) Fifty thousand dollars because of injury to property of	6118
others in any one accident.	6119

(C) Whoever violates this section shall be fined not more	6120
than five thousand dollars.	6121

Sec. 4510.10. (A) As used in this section, "reinstatement	6122
fees" means the fees that are required under section 4507.1612,	6123
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other	6124
provision of the Revised Code, or under a schedule established by	6125
the bureau of motor vehicles, in order to reinstate a driver's or	6126
commercial driver's license or permit or nonresident operating	6127
privilege of an offender under a suspension.	6128

(B) Reinstatement fees are those fees that compensate the	6129
bureau of motor vehicles for suspensions, cancellations, or	6130
disqualifications of a person's driving privileges and to	6131
compensate the bureau and other agencies in their administration	6132
of programs intended to reduce and eliminate threats to public	6133
safety through education, treatment, and other activities. The	6134
registrar of motor vehicles shall not reinstate a driver's or	6135
commercial driver's license or permit or nonresident operating	6136
privilege of a person until the person has paid all reinstatement	6137
fees and has complied with all conditions for each suspension,	6138
cancellation, or disqualification incurred by that person.	6139

(C) When a municipal court or county court determines in a	6140
pending case involving an offender that the offender cannot	6141
reasonably pay reinstatement fees due and owing by the offender	6142
relative to a suspension that has been or that will be imposed in	6143
the case, then the court, by order, may undertake either of the	6144
following, in order of preference:	6145

(1) Establish a reasonable payment plan of not less than	6146
fifty dollars per month, to be paid by the offender to the bureau	6147
of motor vehicles in all succeeding months until all reinstatement	6148
fees required of the offender are paid in full;	6149

(2) If the offender, but for the payment of the reinstatement	6150
fees, otherwise would be entitled to operate a vehicle in this	6151
state or to obtain reinstatement of the offender's operating	6152
privileges, permit the offender to operate a motor vehicle, as	6153
authorized by the court, until a future date upon which date all	6154
reinstatement fees must be paid in full. A payment extension	6155
granted under this division shall not exceed one hundred eighty	6156
days, and any operating privileges granted under this division	6157
shall be solely for the purpose of permitting the offender	6158
occupational or "family necessity" privileges in order to enable	6159
the offender to reasonably acquire the delinquent reinstatement	6160
fees due and owing.	6161

~~(C)~~(D) If a municipal court or county court, by order,	6162
undertakes either activity described in division ~~(B)~~(C)(1) or (2)	6163
of this section, the court, at any time after the issuance of the	6164
order, may determine that a change of circumstances has occurred	6165
and may amend the order as justice requires, provided that the	6166
amended order also shall be an order that is permitted under	6167
division ~~(B)~~(C)(1) or (2) of this section.	6168

~~(D)~~(E) If a court enters an order of the type described in	6169
division ~~(B)~~(C)(1), ~~(B)~~(C)(2), or ~~(C)~~(D) of this section, during	6170
the pendency of the order, the offender in relation to whom it	6171
applies is not subject to prosecution for failing to pay the	6172
reinstatement fees covered by the order.	6173

(F) Reinstatement fees are debts that may be discharged in	6174
bankruptcy.	6175

Sec. 4510.22. (A) If a person who has a current valid Ohio	6176
driver's, commercial driver's license, or temporary instruction	6177
permit is charged with a violation of any provision in sections	6178
4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to	6179
4549.65 of the Revised Code that is classified as a misdemeanor of	6180
the first, second, third, or fourth degree or with a violation of	6181
any substantially equivalent municipal ordinance and if the person	6182
either fails to appear in court at the required time and place to	6183
answer the charge or pleads guilty to or is found guilty of the	6184
violation and fails within the time allowed by the court to pay	6185
the fine imposed by the court, the court shall declare the	6186
~~suspension~~forfeiture of the person's license. Thirty days after	6187
the declaration of forfeiture, the court shall inform the	6188
registrar of motor vehicles of the ~~declaration~~forfeiture by	6189
entering information relative to the ~~declaration~~of forfeiture on	6190
a form approved and furnished by the registrar and sending the	6191
form to the registrar. The court also shall forward the person's	6192
license, if it is in the possession of the court, to the	6193
registrar.	6194

The registrar shall impose a class F suspension of the	6195
person's driver's or commercial driver's license, or temporary	6196
instruction permit for the period of time specified in division	6197
(B)(6) of section 4510.02 of the Revised Code on any person who is	6198
named in a declaration received by the registrar under this	6199
section. The registrar shall send written notification of the	6200
suspension to the person at the person's last known address and,	6201
if the person is in possession of the license, order the person to	6202
surrender the person's license or permit to the registrar within	6203
forty-eight hours.	6204

No valid driver's or commercial driver's license shall be	6205
granted to the person after the suspension, unless the court	6206
having jurisdiction of the offense that led to the suspension	6207
orders that the ~~suspension~~forfeiture be terminated. The court	6208
shall order the termination of the ~~suspension~~forfeiture if the	6209
person thereafter appears to answer the charge and pays any fine	6210
imposed by the court or pays the fine originally imposed by the	6211
court. The court shall inform the registrar of the termination of	6212
the ~~suspension~~forfeiture by entering information relative to the	6213
termination on a form approved and furnished by the registrar and	6214
sending the form to the registrar. The person shall pay to the	6215
bureau of motor vehicles a fifteen-dollar ~~processing~~reinstatement	6216
fee to cover the costs of the bureau in administering this	6217
section. The registrar shall deposit the fee into the state bureau	6218
of motor vehicles fund created by section 4501.25 of the Revised	6219
Code.	6220

(B) In addition to suspending the driver's or commercial	6221
driver's license or permit of the person named in a declaration of	6222
~~suspension~~forfeiture, the registrar, upon receipt from the court	6223
of the copy of the declaration of ~~suspension~~forfeiture, shall	6224
take any measures that may be necessary to ensure that neither the	6225
registrar nor any deputy registrar accepts any application for the	6226
registration or transfer of registration of any motor vehicle	6227
owned or leased by the person named in the declaration of	6228
forfeiture. However, for a motor vehicle leased by a person named	6229
in a declaration of forfeiture, the registrar shall not implement	6230
the preceding sentence until the registrar adopts procedures for	6231
that implementation under section 4503.39 of the Revised Code. The	6232
period of denial of registration or transfer shall continue until	6233
such time as the court having jurisdiction of the offense that led	6234
to the suspension orders the ~~suspension to~~forfeiture be	6235
terminated. Upon receipt by the registrar of an order terminating	6236
the ~~suspension~~forfeiture, the registrar also shall take any	6237
measures that may be necessary to permit the person to register a	6238
motor vehicle owned or leased by the person or to transfer the	6239
registration of such a motor vehicle, if the person later makes	6240
application to take such action and otherwise is eligible to	6241
register the motor vehicle or to transfer its registration.	6242

The registrar shall not be required to give effect to any	6243
declaration of ~~suspension~~forfeiture or order terminating a	6244
~~suspension~~forfeiture provided by a court under this section	6245
unless the information contained in the declaration or order is	6246
transmitted to the registrar by means of an electronic transfer	6247
system. The registrar shall not restore the person's driving or	6248
vehicle registration privileges until the person pays the	6249
reinstatement fee as provided in this section.	6250

The period of denial relating to the issuance or transfer of	6251
a certificate of registration for a motor vehicle imposed pursuant	6252
to this division remains in effect until the person pays any fine	6253
imposed by the court relative to the offense.	6254

Sec. 4510.31. (A)(1) Except as provided in division (C) of	6255
this section, the registrar of motor vehicles shall suspend the	6256
probationary driver's license, restricted license, or temporary	6257
instruction permit issued to any person when the person has been	6258
convicted of, pleaded guilty to, or been adjudicated in juvenile	6259
court of having committed, prior to the person's eighteenth	6260
birthday, any of the following:	6261

(a) Three separate violations of section 2903.06, 2903.08,	6262
2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.20, 4511.201,	6263
4511.202, 4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57	6264
to 4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised	6265
Code, section 4510.14 of the Revised Code involving a suspension	6266
imposed under section 4511.191 or 4511.196 of the Revised Code,	6267
section 2903.04 of the Revised Code in a case in which the person	6268
would have been subject to the sanctions described in division (D)	6269
of that section had the person been convicted of the violation of	6270
that section, former section 2903.07 of the Revised Code, or any	6271
municipal ordinances similarly relating to the offenses referred	6272
to in those sections;	6273

(b) One violation of section 4511.19 of the Revised Code or a	6274
substantially similar municipal ordinance;	6275

(c) Two separate violations of any of the Revised Code	6276
sections referred to in division (A)(1)(a) of this section, or any	6277
municipal ordinance that is substantially similar to any of those	6278
sections.	6279

(2) Any person whose license or permit is suspended under	6280
division (A)(1)(a), (b), or (c) of this section shall mail or	6281
deliver the person's probationary driver's license, restricted	6282
license, or temporary instruction permit to the registrar within	6283
fourteen days of notification of the suspension. The registrar	6284
shall retain the license or permit during the period of the	6285
suspension. A suspension pursuant to division (A)(1)(a) of this	6286
section shall be a class C suspension, a suspension pursuant to	6287
division (A)(1)(b) of this section shall be a class D suspension,	6288
and a suspension pursuant to division (A)(1)(c) of this section	6289
shall be a class E suspension, all for the periods of time	6290
specified in division (B) of section 4510.02 of the Revised Code.	6291
If the person's probationary driver's license, restricted license,	6292
or temporary instruction permit is under suspension on the date	6293
the court imposes sentence upon the person for a violation	6294
described in division (A)(1)(b) of this section, the suspension	6295
shall take effect on the next day immediately following the end of	6296
that period of suspension. If the person is sixteen years of age	6297
or older and pleads guilty to or is convicted of a violation	6298
described in division (A)(1)(b) of this section and the person	6299
does not have a current, valid probationary driver's license,	6300
restricted license, or temporary instruction permit, the registrar	6301
shall deny the issuance to the person of a probationary driver's	6302
license, restricted license, driver's license, commercial driver's	6303
license, or temporary instruction permit, as the case may be, for	6304
six months beginning on the date the court imposes sentence upon	6305
the person for the violation. If the person has not attained the	6306
age of sixteen years on the date the court imposes sentence upon	6307
the person for the violation, the period of denial shall commence	6308
on the date the person attains the age of sixteen years.	6309

(3) The registrar shall suspend the person's license or	6310
permit under division (A) of this section regardless of whether	6311
the disposition of the case in juvenile court occurred after the	6312
person's eighteenth birthday.	6313

(B) The registrar also shall impose a class D suspension for	6314
the period of time specified in division (B)(4) of section 4510.02	6315
of the Revised Code of the temporary instruction permit or	6316
probationary driver's license of any person under the age of	6317
eighteen who has been adjudicated an unruly child, delinquent	6318
child, or juvenile traffic offender for having committed any act	6319
that if committed by an adult would be a drug abuse offense or a	6320
violation of division (B) of section 2917.11 of the Revised Code.	6321
The registrar, in the registrar's discretion, may terminate the	6322
suspension if the child, at the discretion of the court, attends	6323
and satisfactorily completes a drug abuse or alcohol abuse	6324
education, intervention, or treatment program specified by the	6325
court. Any person whose temporary instruction permit or	6326
probationary driver's license is suspended under this division	6327
shall mail or deliver the person's permit or license to the	6328
registrar within fourteen days of notification of the suspension.	6329
The registrar shall retain the permit or license during the period	6330
of the suspension.	6331

(C)(1) Except as provided in division (C)(3) of this section,	6332
for any person who is convicted of, pleads guilty to, or is	6333
adjudicated in juvenile court of having committed a second or	6334
third violation of section 4511.12, 4511.13, 4511.15, 4511.20 to	6335
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or	6336
4511.75 of the Revised Code or any similar municipal ordinances	6337
and whose license or permit is suspended under division (A)(1)(a)	6338
or (c) of this section, the court in which the second or third	6339
conviction, finding, plea, or adjudication resulting in the	6340
suspension was made, upon petition of the person, may grant the	6341
person limited driving privileges during the period during which	6342
the suspension otherwise would be imposed under division (A)(1)(a)	6343
or (c) of this section if the court finds reasonable cause to	6344
believe that the suspension will seriously affect the person's	6345
ability to continue in employment, educational training,	6346
vocational training, or treatment. In granting the limited driving	6347
privileges, the court shall specify the purposes, times, and	6348
places of the privileges and may impose any other conditions upon	6349
the person's driving a motor vehicle that the court considers	6350
reasonable and necessary.	6351

A court that grants limited driving privileges to a person	6352
under this division shall retain the person's probationary	6353
driver's license, restricted license, or temporary instruction	6354
permit during the period the license or permit is suspended and	6355
also during the period for which limited driving privileges are	6356
granted, and shall deliver to the person a permit card, in a form	6357
to be prescribed by the court, setting forth the date on which the	6358
limited driving privileges will become effective, the purposes for	6359
which the person may drive, the times and places at which the	6360
person may drive, and any other conditions imposed upon the	6361
person's use of a motor vehicle.	6362

The court immediately shall notify the registrar, in writing,	6363
of a grant of limited driving privileges under this division. The	6364
notification shall specify the date on which the limited driving	6365
privileges will become effective, the purposes for which the	6366
person may drive, the times and places at which the person may	6367
drive, and any other conditions imposed upon the person's use of a	6368
motor vehicle. The registrar shall not suspend the probationary	6369
driver's license, restricted license, or temporary instruction	6370
permit of any person pursuant to division (A) of this section	6371
during any period for which the person has been granted limited	6372
driving privileges as provided in this division, if the registrar	6373
has received the notification described in this division from the	6374
court.	6375

(2) Except as provided in division (C)(3) of this section, in	6376
any case in which the temporary instruction permit or probationary	6377
driver's license of a person under eighteen years of age has been	6378
suspended under division (A) or (B) of this section or any other	6379
provision of law, the court may grant the person limited driving	6380
privileges for the purpose of the person's practicing of driving	6381
with the person's parent, guardian, or other custodian during the	6382
period of the suspension. Any grant of limited driving privileges	6383
under this division shall comply with division (D) of section	6384
4510.021 of the Revised Code.	6385

(3) A court shall not grant limited driving privileges to a	6386
person identified in division (C)(1) or (2) of this section if the	6387
person, within the preceding six years, has been convicted of,	6388
pleaded guilty to, or adjudicated in juvenile court of having	6389
committed three or more violations of one or more of the divisions	6390
or sections set forth in divisions (G)(2)(b) to (g) of section	6391
2919.22 of the Revised Code.	6392

(D) If a person who has been granted limited driving	6393
privileges under division (C) of this section is convicted of,	6394
pleads guilty to, or is adjudicated in juvenile court of having	6395
committed, a violation of Chapter 4510. of the Revised Code, or a	6396
subsequent violation of any of the sections of the Revised Code	6397
listed in division (A)(1)(a) of this section or any similar	6398
municipal ordinance during the period for which the person was	6399
granted limited driving privileges, the court that granted the	6400
limited driving privileges shall suspend the person's permit card.	6401
The court or the clerk of the court immediately shall forward the	6402
person's probationary driver's license, restricted license, or	6403
temporary instruction permit together with written notification of	6404
the court's action to the registrar. Upon receipt of the license	6405
or permit and notification, the registrar shall impose a class C	6406
suspension of the person's probationary driver's license,	6407
restricted license, or temporary instruction permit for the period	6408
of time specified in division (B)(3) of section 4510.02 of the	6409
Revised Code. The registrar shall retain the license or permit	6410
during the period of suspension, and no further limited driving	6411
privileges shall be granted during that period.	6412

(E) No application for a driver's or commercial driver's	6413
license shall be received from any person whose probationary	6414
driver's license, restricted license, or temporary instruction	6415
permit has been suspended under this section until each of the	6416
following has occurred:	6417

(1) The suspension period has expired;

6418

(2) A temporary instruction permit or commercial driver's	6419
license temporary instruction permit has been issued;	6420

(3) The person successfully completes a juvenile driver	6421
improvement program approved by the registrar under section	6422
4510.311 of the Revised Code;	6423

(4) The applicant has submitted to the examination for a	6424
driver's license as provided for in section 4507.11 or a	6425
commercial driver's license as provided in Chapter 4506. of the	6426
Revised Code.	6427

Sec. 4510.43. (A)(1) The director of public safety, upon	6428
consultation with the director of health and in accordance with	6429
Chapter 119. of the Revised Code, shall certify immobilizing and	6430
disabling devices and shall publish and make available to the	6431
courts, without charge, a list of approved devices together with	6432
information about the manufacturers of the devices and where they	6433
may be obtained. The manufacturer of an immobilizing or disabling	6434
device shall pay the cost of obtaining the certification of the	6435
device to the director of public safety, and the director shall	6436
deposit the payment in the drivers' treatment and intervention	6437
fund established by sections 4511.19 and 4511.191 of the Revised	6438
Code.	6439

(2) The director of public safety, in accordance with Chapter	6440
119. of the Revised Code, shall adopt and publish rules setting	6441
forth the requirements for obtaining the certification of an	6442
immobilizing or disabling device. The director of public safety	6443
shall not certify an immobilizing or disabling device under this	6444
section unless it meets the requirements specified and published	6445
by the director in the rules adopted pursuant to this division. A	6446
certified device may consist of an ignition interlock device, an	6447
ignition blocking device initiated by time or magnetic or	6448
electronic encoding, an activity monitor, or any other device that	6449
reasonably assures compliance with an order granting limited	6450
driving privileges.	6451

The requirements for an immobilizing or disabling device that	6452
is an ignition interlock device shall include provisions for	6453
setting a minimum and maximum calibration range and shall include,	6454
but shall not be limited to, specifications that the device	6455
complies with all of the following:	6456

(a) It does not impede the safe operation of the vehicle.

6457

(b) It has features that make circumvention difficult and	6458
that do not interfere with the normal use of the vehicle.	6459

(c) It correlates well with established measures of alcohol	6460
impairment.	6461

(d) It works accurately and reliably in an unsupervised	6462
environment.	6463

(e) It is resistant to tampering and shows evidence of	6464
tampering if tampering is attempted.	6465

(f) It is difficult to circumvent and requires premeditation	6466
to do so.	6467

(g) It minimizes inconvenience to a sober user.

6468

(h) It requires a proper, deep-lung breath sample or other	6469
accurate measure of the concentration by weight of alcohol in the	6470
breath.	6471

(i) It operates reliably over the range of automobile	6472
environments.	6473

(j) It is made by a manufacturer who is covered by product	6474
liability insurance.	6475

(3) The director of public safety may adopt, in whole or in	6476
part, the guidelines, rules, regulations, studies, or independent	6477
laboratory tests performed and relied upon by other states, or	6478
their agencies or commissions, in the certification or approval of	6479
immobilizing or disabling devices.	6480

(4) The director of public safety shall adopt rules in	6481
accordance with Chapter 119. of the Revised Code for the design of	6482
a warning label that shall be affixed to each immobilizing or	6483
disabling device upon installation. The label shall contain a	6484
warning that any person tampering, circumventing, or otherwise	6485
misusing the device is subject to a fine, imprisonment, or both	6486
and may be subject to civil liability.	6487

(B) A court considering the use of a prototype device in a	6488
pilot program shall advise the director of public safety, thirty	6489
days before the use, of the prototype device and its protocol,	6490
methodology, manufacturer, and licensor, lessor, other agent, or	6491
owner, and the length of the court's pilot program. A prototype	6492
device shall not be used for a violation of section 4510.14 or	6493
4511.19 of the Revised Code, a violation of a municipal OVI	6494
ordinance, or in relation to a suspension imposed under section	6495
4511.191 of the Revised Code. A court that uses a prototype device	6496
in a pilot program, periodically during the existence of the	6497
program and within fourteen days after termination of the program,	6498
shall report in writing to the director of public safety regarding	6499
the effectiveness of the prototype device and the program.	6500

(C) If a person has been granted limited driving privileges	6501
with a condition of the privileges being that the motor vehicle	6502
that is operated under the privileges must be equipped with an	6503
immobilizing or disabling device, ~~all of the following apply:~~	6504

~~(1) If~~the person may operate a motor vehicle ~~to be driven~~	6505
~~under the limited driving privileges~~that is owned by the person's	6506
employer ~~and~~only if the person is required to operate that motor	6507
vehicle in the course and scope of the offender's employment~~, the~~.	6508
Such a person may operate that vehicle without the installation of	6509
an immobilizing or disabling device, provided that the employer	6510
has been notified that the person has limited driving privileges	6511
and of the nature of the restriction and further provided that the	6512
person has proof of the employer's notification in the person's	6513
possession while operating the employer's vehicle for normal	6514
business duties. A motor vehicle owned by a business that is	6515
partly or entirely owned or controlled by a person with limited	6516
driving privileges is not a motor vehicle owned by an employer,	6517
for purposes of this division.	6518

~~(2) If the motor vehicle to be driven under the limited~~	6519
~~driving privileges is registered in a state other than this state,~~	6520
~~instead of installing on that vehicle an immobilizing or disabling~~	6521
~~device, the person with the limited driving privileges shall~~	6522
~~display on the vehicle a decal, as prescribed by the registrar of~~	6523
~~motor vehicles, that states that the vehicle is subject to limited~~	6524
~~driving privileges in this state and that describes the~~	6525
~~restriction. The decal shall be displayed on the bottom left~~	6526
~~corner of the back window of the vehicle or, if there is no back~~	6527
~~window, on the bottom left corner of the windshield of the~~	6528
~~vehicle.~~	6529

Sec. 4511.01. As used in this chapter and in Chapter 4513.	6530
of the Revised Code:	6531

(A) "Vehicle" means every device, including a motorized	6532
bicycle, in, upon, or by which any person or property may be	6533
transported or drawn upon a highway, except that "vehicle" does	6534
not include any motorized wheelchair, any electric personal	6535
assistive mobility ~~devices~~device, any device that is moved by	6536
power collected from overhead electric trolley wires or that is	6537
used exclusively upon stationary rails or tracks, or any device,	6538
other than a bicycle, that is moved by human power.	6539

(B) "Motor vehicle" means every vehicle propelled or drawn by	6540
power other than muscular power or power collected from overhead	6541
electric trolley wires, except motorized bicycles, road rollers,	6542
traction engines, power shovels, power cranes, and other equipment	6543
used in construction work and not designed for or employed in	6544
general highway transportation, hole-digging machinery,	6545
well-drilling machinery, ditch-digging machinery, farm machinery,	6546
trailers used to transport agricultural produce or agricultural	6547
production materials between a local place of storage or supply	6548
and the farm when drawn or towed on a street or highway at a speed	6549
of twenty-five miles per hour or less, threshing machinery,	6550
hay-baling machinery, agricultural tractors and machinery used in	6551
the production of horticultural, floricultural, agricultural, and	6552
vegetable products, and trailers designed and used exclusively to	6553
transport a boat between a place of storage and a marina, or in	6554
and around a marina, when drawn or towed on a street or highway	6555
for a distance of no more than ten miles and at a speed of	6556
twenty-five miles per hour or less.	6557

(C) "Motorcycle" means every motor vehicle, other than a	6558
tractor, having a saddle for the use of the operator and designed	6559
to travel on not more than three wheels in contact with the	6560
ground, including, but not limited to, motor vehicles known as	6561
"motor-driven cycle," "motor scooter," or "motorcycle" without	6562
regard to weight or brake horsepower.	6563

(D) "Emergency vehicle" means emergency vehicles of	6564
municipal, township, or county departments or public utility	6565
corporations when identified as such as required by law, the	6566
director of public safety, or local authorities, and motor	6567
vehicles when commandeered by a police officer.	6568

(E) "Public safety vehicle" means any of the following:

6569

(1) Ambulances, including private ambulance companies under	6570
contract to a municipal corporation, township, or county, and	6571
private ambulances and nontransport vehicles bearing license	6572
plates issued under section 4503.49 of the Revised Code;	6573

(2) Motor vehicles used by public law enforcement officers or	6574
other persons sworn to enforce the criminal and traffic laws of	6575
the state;	6576

(3) Any motor vehicle when properly identified as required by	6577
the director of public safety, when used in response to fire	6578
emergency calls or to provide emergency medical service to ill or	6579
injured persons, and when operated by a duly qualified person who	6580
is a member of a volunteer rescue service or a volunteer fire	6581
department, and who is on duty pursuant to the rules or directives	6582
of that service. The state fire marshal shall be designated by the	6583
director of public safety as the certifying agency for all public	6584
safety vehicles described in division (E)(3) of this section.	6585

(4) Vehicles used by fire departments, including motor	6586
vehicles when used by volunteer fire fighters responding to	6587
emergency calls in the fire department service when identified as	6588
required by the director of public safety.	6589

Any vehicle used to transport or provide emergency medical	6590
service to an ill or injured person, when certified as a public	6591
safety vehicle, shall be considered a public safety vehicle when	6592
transporting an ill or injured person to a hospital regardless of	6593
whether such vehicle has already passed a hospital.	6594

(5) Vehicles used by the ~~commercial~~ motor ~~vehicle safety~~	6595
carrier enforcement unit for the enforcement of orders and rules	6596
of the public utilities commission as specified in section 5503.34	6597
of the Revised Code.	6598

(F) "School bus" means every bus designed for carrying more	6599
than nine passengers that is owned by a public, private, or	6600
governmental agency or institution of learning and operated for	6601
the transportation of children to or from a school session or a	6602
school function, or owned by a private person and operated for	6603
compensation for the transportation of children to or from a	6604
school session or a school function, provided "school bus" does	6605
not include a bus operated by a municipally owned transportation	6606
system, a mass transit company operating exclusively within the	6607
territorial limits of a municipal corporation, or within such	6608
limits and the territorial limits of municipal corporations	6609
immediately contiguous to such municipal corporation, nor a common	6610
passenger carrier certified by the public utilities commission	6611
unless such bus is devoted exclusively to the transportation of	6612
children to and from a school session or a school function, and	6613
"school bus" does not include a van or bus used by a licensed	6614
child day-care center or type A family day-care home to transport	6615
children from the child day-care center or type A family day-care	6616
home to a school if the van or bus does not have more than fifteen	6617
children in the van or bus at any time.	6618

(G) "Bicycle" means every device, other than a tricycle	6619
designed solely for use as a play vehicle by a child, propelled	6620
solely by human power upon which any person may ride having either	6621
two tandem wheels, or one wheel in the front and two wheels in the	6622
rear, any of which is more than fourteen inches in diameter.	6623

(H) "Motorized bicycle" means any vehicle having either two	6624
tandem wheels or one wheel in the front and two wheels in the	6625
rear, that is capable of being pedaled and is equipped with a	6626
helper motor of not more than fifty cubic centimeters piston	6627
displacement that produces no more than one brake horsepower and	6628
is capable of propelling the vehicle at a speed of no greater than	6629
twenty miles per hour on a level surface.	6630

(I) "Commercial tractor" means every motor vehicle having	6631
motive power designed or used for drawing other vehicles and not	6632
so constructed as to carry any load thereon, or designed or used	6633
for drawing other vehicles while carrying a portion of such other	6634
vehicles, or load thereon, or both.	6635

(J) "Agricultural tractor" means every self-propelling	6636
vehicle designed or used for drawing other vehicles or wheeled	6637
machinery but having no provision for carrying loads independently	6638
of such other vehicles, and used principally for agricultural	6639
purposes.	6640

(K) "Truck" means every motor vehicle, except trailers and	6641
semitrailers, designed and used to carry property.	6642

(L) "Bus" means every motor vehicle designed for carrying	6643
more than nine passengers and used for the transportation of	6644
persons other than in a ridesharing arrangement, and every motor	6645
vehicle, automobile for hire, or funeral car, other than a taxicab	6646
or motor vehicle used in a ridesharing arrangement, designed and	6647
used for the transportation of persons for compensation.	6648

(M) "Trailer" means every vehicle designed or used for	6649
carrying persons or property wholly on its own structure and for	6650
being drawn by a motor vehicle, including any such vehicle when	6651
formed by or operated as a combination of a "semitrailer" and a	6652
vehicle of the dolly type, such as that commonly known as a	6653
"trailer dolly," a vehicle used to transport agricultural produce	6654
or agricultural production materials between a local place of	6655
storage or supply and the farm when drawn or towed on a street or	6656
highway at a speed greater than twenty-five miles per hour, and a	6657
vehicle designed and used exclusively to transport a boat between	6658
a place of storage and a marina, or in and around a marina, when	6659
drawn or towed on a street or highway for a distance of more than	6660
ten miles or at a speed of more than twenty-five miles per hour.	6661

(N) "Semitrailer" means every vehicle designed or used for	6662
carrying persons or property with another and separate motor	6663
vehicle so that in operation a part of its own weight or that of	6664
its load, or both, rests upon and is carried by another vehicle.	6665

(O) "Pole trailer" means every trailer or semitrailer	6666
attached to the towing vehicle by means of a reach, pole, or by	6667
being boomed or otherwise secured to the towing vehicle, and	6668
ordinarily used for transporting long or irregular shaped loads	6669
such as poles, pipes, or structural members capable, generally, of	6670
sustaining themselves as beams between the supporting connections.	6671

(P) "Railroad" means a carrier of persons or property	6672
operating upon rails placed principally on a private right-of-way.	6673

(Q) "Railroad train" means a steam engine or an electric or	6674
other motor, with or without cars coupled thereto, operated by a	6675
railroad.	6676

(R) "Streetcar" means a car, other than a railroad train, for	6677
transporting persons or property, operated upon rails principally	6678
within a street or highway.	6679

(S) "Trackless trolley" means every car that collects its	6680
power from overhead electric trolley wires and that is not	6681
operated upon rails or tracks.	6682

(T) "Explosives" means any chemical compound or mechanical	6683
mixture that is intended for the purpose of producing an explosion	6684
that contains any oxidizing and combustible units or other	6685
ingredients in such proportions, quantities, or packing that an	6686
ignition by fire, by friction, by concussion, by percussion, or by	6687
a detonator of any part of the compound or mixture may cause such	6688
a sudden generation of highly heated gases that the resultant	6689
gaseous pressures are capable of producing destructive effects on	6690
contiguous objects, or of destroying life or limb. Manufactured	6691
articles shall not be held to be explosives when the individual	6692
units contain explosives in such limited quantities, of such	6693
nature, or in such packing, that it is impossible to procure a	6694
simultaneous or a destructive explosion of such units, to the	6695
injury of life, limb, or property by fire, by friction, by	6696
concussion, by percussion, or by a detonator, such as fixed	6697
ammunition for small arms, firecrackers, or safety fuse matches.	6698

(U) "Flammable liquid" means any liquid that has a flash	6699
point of seventy degrees Fahrenheit, or less, as determined by a	6700
tagliabue or equivalent closed cup test device.	6701

(V) "Gross weight" means the weight of a vehicle plus the	6702
weight of any load thereon.	6703

(W) "Person" means every natural person, firm,	6704
co-partnership, association, or corporation.	6705

(X) "Pedestrian" means any natural person afoot.

6706

(Y) "Driver or operator" means every person who drives or is	6707
in actual physical control of a vehicle, trackless trolley, or	6708
streetcar.	6709

(Z) "Police officer" means every officer authorized to direct	6710
or regulate traffic, or to make arrests for violations of traffic	6711
regulations.	6712

(AA) "Local authorities" means every county, municipal, and	6713
other local board or body having authority to adopt police	6714
regulations under the constitution and laws of this state.	6715

(BB) "Street" or "highway" means the entire width between the	6716
boundary lines of every way open to the use of the public as a	6717
thoroughfare for purposes of vehicular travel.	6718

(CC) "Controlled-access highway" means every street or	6719
highway in respect to which owners or occupants of abutting lands	6720
and other persons have no legal right of access to or from the	6721
same except at such points only and in such manner as may be	6722
determined by the public authority having jurisdiction over such	6723
street or highway.	6724

(DD) "Private road or driveway" means every way or place in	6725
private ownership used for vehicular travel by the owner and those	6726
having express or implied permission from the owner but not by	6727
other persons.	6728

(EE) "Roadway" means that portion of a highway improved,	6729
designed, or ordinarily used for vehicular travel, except the berm	6730
or shoulder. If a highway includes two or more separate roadways	6731
the term "roadway" means any such roadway separately but not all	6732
such roadways collectively.	6733

(FF) "Sidewalk" means that portion of a street between the	6734
curb lines, or the lateral lines of a roadway, and the adjacent	6735
property lines, intended for the use of pedestrians.	6736

(GG) "Laned highway" means a highway the roadway of which is	6737
divided into two or more clearly marked lanes for vehicular	6738
traffic.	6739

(HH) "Through highway" means every street or highway as	6740
provided in section 4511.65 of the Revised Code.	6741

(II) "State highway" means a highway under the jurisdiction	6742
of the department of transportation, outside the limits of	6743
municipal corporations, provided that the authority conferred upon	6744
the director of transportation in section 5511.01 of the Revised	6745
Code to erect state highway route markers and signs directing	6746
traffic shall not be modified by sections 4511.01 to 4511.79 and	6747
4511.99 of the Revised Code.	6748

(JJ) "State route" means every highway that is designated	6749
with an official state route number and so marked.	6750

(KK) "Intersection" means:

6751

(1) The area embraced within the prolongation or connection	6752
of the lateral curb lines, or, if none, then the lateral boundary	6753
lines of the roadways of two highways which join one another at,	6754
or approximately at, right angles, or the area within which	6755
vehicles traveling upon different highways joining at any other	6756
angle may come in conflict.	6757

(2) Where a highway includes two roadways thirty feet or more	6758
apart, then every crossing of each roadway of such divided highway	6759
by an intersecting highway shall be regarded as a separate	6760
intersection. If an intersecting highway also includes two	6761
roadways thirty feet or more apart, then every crossing of two	6762
roadways of such highways shall be regarded as a separate	6763
intersection.	6764

(3) The junction of an alley with a street or highway, or	6765
with another alley, shall not constitute an intersection.	6766

(LL) "Crosswalk" means:

6767

(1) That part of a roadway at intersections ordinarily	6768
included within the real or projected prolongation of property	6769
lines and curb lines or, in the absence of curbs, the edges of the	6770
traversable roadway;	6771

(2) Any portion of a roadway at an intersection or elsewhere,	6772
distinctly indicated for pedestrian crossing by lines or other	6773
markings on the surface;	6774

(3) Notwithstanding divisions (LL)(1) and (2) of this	6775
section, there shall not be a crosswalk where local authorities	6776
have placed signs indicating no crossing.	6777

(MM) "Safety zone" means the area or space officially set	6778
apart within a roadway for the exclusive use of pedestrians and	6779
protected or marked or indicated by adequate signs as to be	6780
plainly visible at all times.	6781

(NN) "Business district" means the territory fronting upon a	6782
street or highway, including the street or highway, between	6783
successive intersections within municipal corporations where fifty	6784
per cent or more of the frontage between such successive	6785
intersections is occupied by buildings in use for business, or	6786
within or outside municipal corporations where fifty per cent or	6787
more of the frontage for a distance of three hundred feet or more	6788
is occupied by buildings in use for business, and the character of	6789
such territory is indicated by official traffic control devices.	6790

(OO) "Residence district" means the territory, not comprising	6791
a business district, fronting on a street or highway, including	6792
the street or highway, where, for a distance of three hundred feet	6793
or more, the frontage is improved with residences or residences	6794
and buildings in use for business.	6795

(PP) "Urban district" means the territory contiguous to and	6796
including any street or highway which is built up with structures	6797
devoted to business, industry, or dwelling houses situated at	6798
intervals of less than one hundred feet for a distance of a	6799
quarter of a mile or more, and the character of such territory is	6800
indicated by official traffic control devices.	6801

(QQ) "Traffic control devices" means all flaggers, signs,	6802
signals, markings, and devices placed or erected by authority of a	6803
public body or official having jurisdiction, for the purpose of	6804
regulating, warning, or guiding traffic, including signs denoting	6805
names of streets and highways.	6806

(RR) "Traffic control signal" means any device, whether	6807
manually, electrically, or mechanically operated, by which traffic	6808
is alternately directed to stop, to proceed, to change direction,	6809
or not to change direction.	6810

(SS) "Railroad sign or signal" means any sign, signal, or	6811
device erected by authority of a public body or official or by a	6812
railroad and intended to give notice of the presence of railroad	6813
tracks or the approach of a railroad train.	6814

(TT) "Traffic" means pedestrians, ridden or herded animals,	6815
vehicles, streetcars, trackless trolleys, and other devices,	6816
either singly or together, while using any highway for purposes of	6817
travel.	6818

(UU) "Right-of-way" means either of the following, as the	6819
context requires:	6820

(1) The right of a vehicle, streetcar, trackless trolley, or	6821
pedestrian to proceed uninterruptedly in a lawful manner in the	6822
direction in which it or the individual is moving in preference to	6823
another vehicle, streetcar, trackless trolley, or pedestrian	6824
approaching from a different direction into its or the	6825
individual's path;	6826

(2) A general term denoting land, property, or the interest	6827
therein, usually in the configuration of a strip, acquired for or	6828
devoted to transportation purposes. When used in this context,	6829
right-of-way includes the roadway, shoulders or berm, ditch, and	6830
slopes extending to the right-of-way limits under the control of	6831
the state or local authority.	6832

(VV) "Rural mail delivery vehicle" means every vehicle used	6833
to deliver United States mail on a rural mail delivery route.	6834

(WW) "Funeral escort vehicle" means any motor vehicle,	6835
including a funeral hearse, while used to facilitate the movement	6836
of a funeral procession.	6837

(XX) "Alley" means a street or highway intended to provide	6838
access to the rear or side of lots or buildings in urban districts	6839
and not intended for the purpose of through vehicular traffic, and	6840
includes any street or highway that has been declared an "alley"	6841
by the legislative authority of the municipal corporation in which	6842
such street or highway is located.	6843

(YY) "Freeway" means a divided multi-lane highway for through	6844
traffic with all crossroads separated in grade and with full	6845
control of access.	6846

(ZZ) "Expressway" means a divided arterial highway for	6847
through traffic with full or partial control of access with an	6848
excess of fifty per cent of all crossroads separated in grade.	6849

(AAA) "Thruway" means a through highway whose entire roadway	6850
is reserved for through traffic and on which roadway parking is	6851
prohibited.	6852

(BBB) "Stop intersection" means any intersection at one or	6853
more entrances of which stop signs are erected.	6854

(CCC) "Arterial street" means any United States or state	6855
numbered route, controlled access highway, or other major radial	6856
or circumferential street or highway designated by local	6857
authorities within their respective jurisdictions as part of a	6858
major arterial system of streets or highways.	6859

(DDD) "Ridesharing arrangement" means the transportation of	6860
persons in a motor vehicle where such transportation is incidental	6861
to another purpose of a volunteer driver and includes ridesharing	6862
arrangements known as carpools, vanpools, and buspools.	6863

(EEE) "Motorized wheelchair" means any self-propelled vehicle	6864
designed for, and used by, a handicapped person and that is	6865
incapable of a speed in excess of eight miles per hour.	6866

(FFF) "Child day-care center" and "type A family day-care	6867
home" have the same meanings as in section 5104.01 of the Revised	6868
Code.	6869

(GGG) "Multi-wheel agricultural tractor" means a type of	6870
agricultural tractor that has two or more wheels or tires on each	6871
side of one axle at the rear of the tractor, is designed or used	6872
for drawing other vehicles or wheeled machinery, has no provision	6873
for carrying loads independently of the drawn vehicles or	6874
machinery, and is used principally for agricultural purposes.	6875

(HHH) "Operate" means to cause or have caused movement of a	6876
vehicle, streetcar, or trackless trolley on any public or private	6877
property used by the public for purposes of vehicular travel or	6878
parking.	6879

(III) "Predicate motor vehicle or traffic offense" means any	6880
of the following:	6881

(1) A violation of section 4511.03, 4511.051, 4511.12,	6882
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	6883
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	6884
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	6885
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	6886
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	6887
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	6888
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	6889
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	6890
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	6891
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	6892

(2) A violation of division (A)(2) of section 4511.17,	6893
divisions (A) to (D) of section 4511.51, or division (A) of	6894
section 4511.74 of the Revised Code;	6895

(3) A violation of any provision of sections 4511.01 to	6896
4511.76 of the Revised Code for which no penalty otherwise is	6897
provided in the section that contains the provision violated;	6898

(4) A violation of a municipal ordinance that is	6899
substantially similar to any section or provision set forth or	6900
described in division (III)(1), (2), or (3) of this section.	6901

Sec. 4511.121. (A)(1) Except as provided in division (B) of	6902
this section, any operator of a commercial motor vehicle, upon	6903
approaching a scale location established for the purpose of	6904
determining the weight of the vehicle and its load, shall comply	6905
with any traffic control device or the order of a peace officer	6906
directing the vehicle to proceed to be weighed or otherwise	6907
inspected.	6908

(2) Any operator of a commercial motor vehicle, upon	6909
bypassing a scale location in accordance with division (B) of this	6910
section, shall comply with an order of a peace officer to stop the	6911
vehicle to verify the use and operation of an electronic clearance	6912
device.	6913

(B) Any operator of a commercial motor vehicle that is	6914
equipped with an electronic clearance device authorized by the	6915
superintendent of the state highway patrol under section 4549.081	6916
of the Revised Code may bypass a scale location, regardless of the	6917
instruction of a traffic control device to enter the scale	6918
facility, if either of the following apply:	6919

(1) The in-cab transponder displays a green light or other	6920
affirmative visual signal and also sounds an affirmative audible	6921
signal;	6922

(2) Any other criterion established by the superintendent by	6923
rule is met.	6924

(C) Any peace officer may order the operator of a commercial	6925
motor vehicle that bypasses a scale location to stop the vehicle	6926
to verify the use and operation of an electronic clearance device.	6927

(D) Whoever violates division (A) of this section is guilty	6928
of a minor misdemeanor. If, within one year of the offense, the	6929
offender previously has been convicted of or pleaded guilty to a	6930
violation of division (A) of this section, whoever violates that	6931
division is guilty of a misdemeanor of the fourth degree. If,	6932
within one year of the offense, the offender previously has been	6933
convicted of or pleaded guilty to two or more violations of	6934
division (A) of this section, whoever violates division (A) is	6935
guilty of a misdemeanor of the third degree.	6936

(E) As used in this section and in section 4549.081 of the	6937
Revised Code, "commercial motor vehicle" means any combination of	6938
vehicles with a gross vehicle weight rating or an actual gross	6939
vehicle weight of more than ten thousand pounds if the vehicle is	6940
used in interstate or intrastate commerce to transport property	6941
and also means any vehicle that is transporting hazardous	6942
materials for which placarding is required pursuant to 49 C.F.R.	6943
Parts 100 to 180.	6944

Sec. 4513.61. The sheriff of a county or chief of police of	6945
a municipal corporation, township, or township police district,	6946
within the sheriff's or chief's respective territorial	6947
jurisdiction, or a state highway patrol trooper, upon notification	6948
to the sheriff or chief of police of such action and of the	6949
location of the place of storage, may order into storage any motor	6950
vehicle, including an abandoned junk motor vehicle as defined in	6951
section 4513.63 of the Revised Code, that has come into the	6952
possession of the sheriff, chief of police, or state highway	6953
patrol trooper as a result of the performance of the sheriff's,	6954
chief's, or trooper's duties or that has been left on a public	6955
street or other property open to the public for purposes of	6956
vehicular travel, or upon or within the right-of-way of any road	6957
or highway, for forty-eight hours or longer without notification	6958
to the sheriff or chief of police of the reasons for leaving the	6959
motor vehicle in such place, except that when such a motor vehicle	6960
constitutes an obstruction to traffic it may be ordered into	6961
storage immediately. The sheriff or chief of police shall	6962
designate the place of storage of any motor vehicle so ordered	6963
removed.	6964

The sheriff or chief of police immediately shall cause a	6965
search to be made of the records of the bureau of motor vehicles	6966
to ascertain the owner and any lienholder of a motor vehicle	6967
ordered into storage by the sheriff or chief of police, or by a	6968
state highway patrol trooper, and, if known, shall send or cause	6969
to be sent notice to the owner or lienholder at the owner's or	6970
lienholder's last known address by certified mail with return	6971
receipt requested, that the motor vehicle will be declared a	6972
nuisance and disposed of if not claimed within ten days of the	6973
date of mailing of the notice. The owner or lienholder of the	6974
motor vehicle may reclaim it upon payment of any expenses or	6975
charges incurred in its removal and storage, and presentation of	6976
proof of ownership, which may be evidenced by a certificate of	6977
title or memorandum certificate of title to the motor vehicle. If	6978
the owner or lienholder of the motor vehicle reclaims it after a	6979
search of the records of the bureau has been conducted and after	6980
notice has been sent to the owner or lienholder as described in	6981
this section, and the search was conducted by the owner of the	6982
place of storage or the owner's employee, and the notice was sent	6983
to the motor vehicle owner by the owner of the place of storage or	6984
the owner's employee, the owner or lienholder shall pay to the	6985
place of storage a processing fee of twenty-five dollars, in	6986
addition to any expenses or charges incurred in the removal and	6987
storage of the vehicle.	6988

If the owner or lienholder makes no claim to the motor	6989
vehicle within ten days of the date of mailing of the notice, and	6990
if the vehicle is to be disposed of at public auction as provided	6991
in section 4513.62 of the Revised Code, the sheriff or chief of	6992
police shall file with the clerk of courts of the county in which	6993
the place of storage is located an affidavit showing compliance	6994
with the requirements of this section. Upon presentation of the	6995
affidavit, the clerk, without charge, shall issue a salvage	6996
certificate of title, free and clear of all liens and	6997
encumbrances, to the sheriff or chief of police. If the vehicle is	6998
to be disposed of to a motor vehicle salvage dealer or other	6999
facility as provided in section 4513.62 of the Revised Code, the	7000
sheriff or chief of police shall execute in triplicate an	7001
affidavit, as prescribed by the registrar of motor vehicles,	7002
describing the motor vehicle and the manner in which it was	7003
disposed of, and that all requirements of this section have been	7004
complied with. The sheriff or chief of police shall retain the	7005
original of the affidavit for the sheriff's or chief's records,	7006
and shall furnish two copies to the motor vehicle salvage dealer	7007
or other facility. Upon presentation of a copy of the affidavit by	7008
the motor vehicle salvage dealer, the clerk of courts, within	7009
thirty days of the presentation, shall issue to such owner a	7010
salvage certificate of title, free and clear of all liens and	7011
encumbrances.	7012

Whenever a motor vehicle salvage dealer or other facility	7013
receives an affidavit for the disposal of a motor vehicle as	7014
provided in this section, the dealer or facility shall not be	7015
required to obtain an Ohio certificate of title to the motor	7016
vehicle in the dealer's or facility's own name if the vehicle is	7017
dismantled or destroyed and both copies of the affidavit are	7018
delivered to the clerk of courts.	7019

Sec. 4513.63. "Abandoned junk motor vehicle" means any motor	7020
vehicle meeting all of the following requirements:	7021

(A) Left on private property for forty-eight hours or longer	7022
without the permission of the person having the right to the	7023
possession of the property, on a public street or other property	7024
open to the public for purposes of vehicular travel or parking, or	7025
upon or within the right-of-way of any road or highway, for	7026
forty-eight hours or longer;	7027

(B) Three years old, or older;

7028

(C) Extensively damaged, such damage including but not	7029
limited to any of the following: missing wheels, tires, motor, or	7030
transmission;	7031

(D) Apparently inoperable;

7032

(E) Having a fair market value of one thousand five hundred	7033
dollars or less.	7034

The sheriff of a county or chief of police of a municipal	7035
corporation, township, or township police district, within the	7036
sheriff's or chief's respective territorial jurisdiction, or a	7037
state highway patrol trooper, upon notification to the sheriff or	7038
chief of police of such action, shall order any abandoned junk	7039
motor vehicle to be photographed by a law enforcement officer. The	7040
officer shall record the make of motor vehicle, the serial number	7041
when available, and shall also detail the damage or missing	7042
equipment to substantiate the value of one thousand five hundred	7043
dollars or less. The sheriff or chief of police shall thereupon	7044
immediately dispose of the abandoned junk motor vehicle to a motor	7045
vehicle salvage dealer as defined in section 4738.01 of the	7046
Revised Code or a scrap metal processing facility as defined in	7047
section 4737.05 of the Revised Code which is under contract to the	7048
county, township, or municipal corporation, or to any other	7049
facility owned by or under contract with the county, township, or	7050
municipal corporation for the destruction of such motor vehicles.	7051
The records and photograph relating to the abandoned junk motor	7052
vehicle shall be retained by the law enforcement agency ordering	7053
the disposition of such vehicle for a period of at least two	7054
years. The law enforcement agency shall execute in quadruplicate	7055
an affidavit, as prescribed by the registrar of motor vehicles,	7056
describing the motor vehicle and the manner in which it was	7057
disposed of, and that all requirements of this section have been	7058
complied with, and, within thirty days of disposing of the	7059
vehicle, shall sign and file the ~~same~~affidavit with the clerk of	7060
courts of the county in which the motor vehicle was abandoned. The	7061
clerk of courts shall retain the original of the affidavit for the	7062
clerk's files, shall furnish one copy thereof to the registrar,	7063
one copy to the motor vehicle salvage dealer or other facility	7064
handling the disposal of the vehicle, and one copy to the law	7065
enforcement agency ordering the disposal, who shall file such copy	7066
with the records and photograph relating to the disposal. Any	7067
moneys arising from the disposal of an abandoned junk motor	7068
vehicle shall be deposited in the general fund of the county,	7069
township, or the municipal corporation, as the case may be.	7070

Notwithstanding section 4513.61 of the Revised Code, any	7071
motor vehicle meeting the requirements of divisions (C), (D), and	7072
(E) of this section which has remained unclaimed by the owner or	7073
lienholder for a period of ten days or longer following	7074
notification as provided in section 4513.61 of the Revised Code	7075
may be disposed of as provided in this section.	7076

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the	7077
Revised Code:	7078

(A) "Persons" includes individuals, firms, partnerships,	7079
associations, joint stock companies, corporations, and any	7080
combinations of individuals.	7081

(B) "Motor vehicle" means motor vehicle as defined in section	7082
4501.01 of the Revised Code and also includes "all-purpose	7083
vehicle" and "off-highway motorcycle" as those terms are defined	7084
in section 4519.01 of the Revised Code and manufactured and mobile	7085
homes.	7086

(C) "New motor vehicle" means a motor vehicle, the legal	7087
title to which has never been transferred by a manufacturer,	7088
remanufacturer, distributor, or dealer to an ultimate purchaser.	7089

(D) "Ultimate purchaser" means, with respect to any new motor	7090
vehicle, the first person, other than a dealer purchasing in the	7091
capacity of a dealer, who in good faith purchases such new motor	7092
vehicle for purposes other than resale.	7093

(E) "Business" includes any activities engaged in by any	7094
person for the object of gain, benefit, or advantage either direct	7095
or indirect.	7096

(F) "Engaging in business" means commencing, conducting, or	7097
continuing in business, or liquidating a business when the	7098
liquidator thereof holds self out to be conducting such business;	7099
making a casual sale or otherwise making transfers in the ordinary	7100
course of business when the transfers are made in connection with	7101
the disposition of all or substantially all of the transferor's	7102
assets is not engaging in business.	7103

(G) "Retail sale" or "sale at retail" means the act or	7104
attempted act of selling, bartering, exchanging, or otherwise	7105
disposing of a motor vehicle to an ultimate purchaser for use as a	7106
consumer.	7107

(H) "Retail installment contract" includes any contract in	7108
the form of a note, chattel mortgage, conditional sales contract,	7109
lease, agreement, or other instrument payable in one or more	7110
installments over a period of time and arising out of the retail	7111
sale of a motor vehicle.	7112

(I) "Farm machinery" means all machines and tools used in the	7113
production, harvesting, and care of farm products.	7114

(J) "Dealer" or "motor vehicle dealer" means any new motor	7115
vehicle dealer, any motor vehicle leasing dealer, and any used	7116
motor vehicle dealer.	7117

(K) "New motor vehicle dealer" means any person engaged in	7118
the business of selling at retail, displaying, offering for sale,	7119
or dealing in new motor vehicles pursuant to a contract or	7120
agreement entered into with the manufacturer, remanufacturer, or	7121
distributor of the motor vehicles.	7122

(L) "Used motor vehicle dealer" means any person engaged in	7123
the business of selling, displaying, offering for sale, or dealing	7124
in used motor vehicles, at retail or wholesale, but does not mean	7125
any new motor vehicle dealer selling, displaying, offering for	7126
sale, or dealing in used motor vehicles incidentally to engaging	7127
in the business of selling, displaying, offering for sale, or	7128
dealing in new motor vehicles, any person engaged in the business	7129
of dismantling, salvaging, or rebuilding motor vehicles by means	7130
of using used parts, or any public officer performing official	7131
duties.	7132

(M) "Motor vehicle leasing dealer" means any person engaged	7133
in the business of regularly making available, offering to make	7134
available, or arranging for another person to use a motor vehicle	7135
pursuant to a bailment, lease, sublease, or other contractual	7136
arrangement under which a charge is made for its use at a periodic	7137
rate for a term of thirty days or more, and title to the motor	7138
vehicle is in and remains in the motor vehicle leasing dealer who	7139
originally leases it, irrespective of whether or not the motor	7140
vehicle is the subject of a later sublease, and not in the user,	7141
but does not mean a manufacturer or its affiliate leasing to its	7142
employees or to dealers.	7143

(N) "Salesperson" means any person employed by a dealer or	7144
manufactured home broker to sell, display, and offer for sale, or	7145
deal in motor vehicles for a commission, compensation, or other	7146
valuable consideration, but does not mean any public officer	7147
performing official duties.	7148

(O) "Casual sale" means any transfer of a motor vehicle by a	7149
person other than a new motor vehicle dealer, used motor vehicle	7150
dealer, motor vehicle salvage dealer, as defined in division (A)	7151
of section 4738.01 of the Revised Code, salesperson, motor vehicle	7152
auction owner, manufacturer, or distributor acting in the capacity	7153
of a dealer, salesperson, auction owner, manufacturer, or	7154
distributor, to a person who purchases the motor vehicle for use	7155
as a consumer.	7156

(P) "Motor vehicle show" means a display of current models of	7157
motor vehicles whereby the primary purpose is the exhibition of	7158
competitive makes and models in order to provide the general	7159
public the opportunity to review and inspect various makes and	7160
models of motor vehicles at a single location.	7161

(Q) "Motor vehicle auction owner" means any person who is	7162
engaged wholly or in part in the business of auctioning motor	7163
vehicles.	7164

(R) "Manufacturer" means a person who manufactures,	7165
assembles, or imports motor vehicles, including motor homes, but	7166
does not mean a person who only assembles or installs a body,	7167
special equipment unit, finishing trim, or accessories on a motor	7168
vehicle chassis supplied by a manufacturer or distributor.	7169

(S) "Tent-type fold-out camping trailer" means any vehicle	7170
intended to be used, when stationary, as a temporary shelter with	7171
living and sleeping facilities, and ~~which~~that is subject to the	7172
following properties and limitations:	7173

(1) A minimum of twenty-five per cent of the fold-out portion	7174
of the top and sidewalls combined must be constructed of canvas,	7175
vinyl, or other fabric, and form an integral part of the shelter.	7176

(2) When folded, the unit must not exceed:

7177

(a) Fifteen feet in length, exclusive of bumper and tongue;

7178

(b) Sixty inches in height from the point of contact with the	7179
ground;	7180

7181

(d) One ton gross weight at time of sale.

7182

(T) "Distributor" means any person authorized by a motor	7183
vehicle manufacturer to distribute new motor vehicles to licensed	7184
new motor vehicle dealers, but does not mean a person who only	7185
assembles or installs a body, special equipment unit, finishing	7186
trim, or accessories on a motor vehicle chassis supplied by a	7187
manufacturer or distributor.	7188

(U) "Flea market" means a market place, other than a dealer's	7189
location licensed under this chapter, where a space or location is	7190
provided for a fee or compensation to a seller to exhibit and	7191
offer for sale or trade, motor vehicles to the general public.	7192

(V) "Franchise" means any written agreement, contract, or	7193
understanding between any motor vehicle manufacturer or	7194
remanufacturer engaged in commerce and any motor vehicle dealer,	7195
~~which~~that purports to fix the legal rights and liabilities of the	7196
parties to such agreement, contract, or understanding.	7197

(W) "Franchisee" means a person who receives new motor	7198
vehicles from the franchisor under a franchise agreement and who	7199
offers, sells, and provides service for such new motor vehicles to	7200
the general public.	7201

(X) "Franchisor" means a new motor vehicle manufacturer,	7202
remanufacturer, or distributor who supplies new motor vehicles	7203
under a franchise agreement to a franchisee.	7204

(Y) "Dealer organization" means a state or local trade	7205
association the membership of which is comprised predominantly of	7206
new motor vehicle dealers.	7207

(Z) "Factory representative" means a representative employed	7208
by a manufacturer, remanufacturer, or by a factory branch	7209
primarily for the purpose of promoting the sale of its motor	7210
vehicles, parts, or accessories to dealers or for supervising or	7211
contacting its dealers or prospective dealers.	7212

(AA) "Administrative or executive management" means those	7213
individuals who are not subject to federal wage and hour laws.	7214

(BB) "Good faith" means honesty in the conduct or transaction	7215
concerned and the observance of reasonable commercial standards of	7216
fair dealing in the trade as is defined in division (S) of section	7217
1301.01 of the Revised Code, including, but not limited to, the	7218
duty to act in a fair and equitable manner so as to guarantee	7219
freedom from coercion, intimidation, or threats of coercion or	7220
intimidation; provided however, that recommendation, endorsement,	7221
exposition, persuasion, urging, or argument shall not be	7222
considered to constitute a lack of good faith.	7223

(CC) "Coerce" means to compel or attempt to compel by failing	7224
to act in good faith or by threat of economic harm, breach of	7225
contract, or other adverse consequences. Coerce does not mean to	7226
argue, urge, recommend, or persuade.	7227

(DD) "Relevant market area" means any area within a radius of	7228
ten miles from the site of a potential new dealership, except that	7229
for manufactured home or recreational vehicle dealerships the	7230
radius shall be twenty-five miles. The ten-mile radius shall be	7231
measured from the dealer's established place of business that is	7232
used exclusively for the purpose of selling, displaying, offering	7233
for sale, or dealing in motor vehicles.	7234

(EE) "Wholesale" or "at wholesale" means the act or attempted	7235
act of selling, bartering, exchanging, or otherwise disposing of a	7236
motor vehicle to a transferee for the purpose of resale and not	7237
for ultimate consumption by that transferee.	7238

(FF) "Motor vehicle wholesaler" means any person licensed as	7239
a dealer under the laws of another state and engaged in the	7240
business of selling, displaying, or offering for sale used motor	7241
vehicles, at wholesale, but does not mean any motor vehicle dealer	7242
as defined in this section.	7243

(GG)(1) "Remanufacturer" means a person who assembles or	7244
installs passenger seating, walls, a roof elevation, or a body	7245
extension on a conversion van with the motor vehicle chassis	7246
supplied by a manufacturer or distributor, a person who modifies a	7247
truck chassis supplied by a manufacturer or distributor for use as	7248
a public safety or public service vehicle, a person who modifies a	7249
motor vehicle chassis supplied by a manufacturer or distributor	7250
for use as a limousine or hearse, or a person who modifies an	7251
incomplete motor vehicle cab and chassis supplied by a new motor	7252
vehicle dealer or distributor for use as a tow truck, but does not	7253
mean either of the following:	7254

(a) A person who assembles or installs passenger seating,	7255
walls, a roof elevation, or a body extension on a manufactured	7256
home as defined in division (C)(4) of section 3781.06 of the	7257
Revised Code, a mobile home as defined in division (O) and	7258
referred to in division (B) of section 4501.01 of the Revised	7259
Code, or a recreational vehicle as defined in division (Q) and	7260
referred to in division (B) of section 4501.01 of the Revised	7261
Code;	7262

(b) A person who assembles or installs special equipment or	7263
accessories for handicapped persons, as defined in section 4503.44	7264
of the Revised Code, upon a motor vehicle chassis supplied by a	7265
manufacturer or distributor.	7266

(2) For the purposes of division (GG)(1) of this section,	7267
"public safety vehicle or public service vehicle" means a fire	7268
truck, ambulance, school bus, street sweeper, garbage packing	7269
truck, or cement mixer, or a mobile self-contained facility	7270
vehicle.	7271

(3) For the purposes of division (GG)(1) of this section,	7272
"limousine" means a motor vehicle, designed only for the purpose	7273
of carrying nine or fewer passengers, that a person modifies by	7274
cutting the original chassis, lengthening the wheelbase by forty	7275
inches or more, and reinforcing the chassis in such a way that all	7276
modifications comply with all applicable federal motor vehicle	7277
safety standards. No person shall qualify as or be deemed to be a	7278
remanufacturer who produces limousines unless the person has a	7279
written agreement with the manufacturer of the chassis the person	7280
utilizes to produce the limousines to complete properly the	7281
remanufacture of the chassis into limousines.	7282

(4) For the purposes of division (GG)(1) of this section,	7283
"hearse" means a motor vehicle, designed only for the purpose of	7284
transporting a single casket, that is equipped with a compartment	7285
designed specifically to carry a single casket that a person	7286
modifies by cutting the original chassis, lengthening the	7287
wheelbase by ten inches or more, and reinforcing the chassis in	7288
such a way that all modifications comply with all applicable	7289
federal motor vehicle safety standards. No person shall qualify as	7290
or be deemed to be a remanufacturer who produces hearses unless	7291
the person has a written agreement with the manufacturer of the	7292
chassis the person utilizes to produce the hearses to complete	7293
properly the remanufacture of the chassis into hearses.	7294

(5) For the purposes of division (GG)(1) of this section,	7295
"mobile self-contained facility vehicle" means a mobile classroom	7296
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	7297
testing laboratory, and mobile display vehicle, each of which is	7298
designed for purposes other than for passenger transportation and	7299
other than the transportation or displacement of cargo, freight,	7300
materials, or merchandise. A vehicle is remanufactured into a	7301
mobile self-contained facility vehicle in part by the addition of	7302
insulation to the body shell, and installation of all of the	7303
following: a generator, electrical wiring, plumbing, holding	7304
tanks, doors, windows, cabinets, shelving, and heating,	7305
ventilating, and air conditioning systems.	7306

(6) For the purposes of division (GG)(1) of this section,	7307
"tow truck" means both of the following:	7308

(a) An incomplete cab and chassis that are purchased by a	7309
remanufacturer from a new motor vehicle dealer or distributor of	7310
the cab and chassis and on which the remanufacturer then installs	7311
in a permanent manner a wrecker body it purchases from a	7312
manufacturer or distributor of wrecker bodies, installs an	7313
emergency flashing light pylon and emergency lights upon the mast	7314
of the wrecker body or rooftop, and installs such other related	7315
accessories and equipment, including push bumpers, front grille	7316
guards with pads and other custom-ordered items such as painting,	7317
special lettering, and safety striping so as to create a complete	7318
motor vehicle capable of lifting and towing another motor vehicle.	7319

(b) An incomplete cab and chassis that are purchased by a	7320
remanufacturer from a new motor vehicle dealer or distributor of	7321
the cab and chassis and on which the remanufacturer then installs	7322
in a permanent manner a car carrier body it purchases from a	7323
manufacturer or distributor of car carrier bodies, installs an	7324
emergency flashing light pylon and emergency lights upon the	7325
rooftop, and installs such other related accessories and	7326
equipment, including push bumpers, front grille guards with pads	7327
and other custom-ordered items such as painting, special	7328
lettering, and safety striping.	7329

As used in division ~~(G)~~(GG)(6)(b) of this section, "car	7330
carrier body" means a mechanical or hydraulic apparatus capable of	7331
lifting and holding a motor vehicle on a flat level surface so	7332
that one or more motor vehicles can be transported, once the car	7333
carrier is permanently installed upon an incomplete cab and	7334
chassis.	7335

(HH) "Operating as a new motor vehicle dealership" means	7336
engaging in activities such as displaying, offering for sale, and	7337
selling new motor vehicles at retail, operating a service facility	7338
to perform repairs and maintenance on motor vehicles, offering for	7339
sale and selling motor vehicle parts at retail, and conducting all	7340
other acts that are usual and customary to the operation of a new	7341
motor vehicle dealership. For the purposes of this chapter only,	7342
possession of either a valid new motor vehicle dealer franchise	7343
agreement or a new motor vehicle dealers license, or both of these	7344
items, is not evidence that a person is operating as a new motor	7345
vehicle dealership.	7346

(II) "Manufactured home broker" means any person acting as a	7347
selling agent on behalf of an owner of a manufactured or mobile	7348
home that is subject to taxation under section 4503.06 of the	7349
Revised Code.	7350

(JJ) "Outdoor power equipment" means garden and small utility	7351
tractors, walk-behind and riding mowers, chainsaws, and tillers.	7352

(KK) "Remote service facility" means premises that are	7353
separate from a licensed new motor vehicle dealer's sales facility	7354
by not more than one mile and that are used by the dealer to	7355
perform repairs, warranty work, recall work, and maintenance on	7356
motor vehicles pursuant to a franchise agreement entered into with	7357
a manufacturer of motor vehicles. A remote service facility shall	7358
be deemed to be part of the franchise agreement and is subject to	7359
all the rights, duties, obligations, and requirements of Chapter	7360
4517. of the Revised Code that relate to the performance of motor	7361
vehicle repairs, warranty work, recall work, and maintenance work	7362
by new motor vehicle dealers.	7363

Sec. 4517.03. (A) A place of business that is used for	7364
selling, displaying, offering for sale, or dealing in motor	7365
vehicles shall be considered as used exclusively for those	7366
purposes even though snowmobiles, farm machinery, outdoor power	7367
equipment, watercraft and related products, or products	7368
manufactured or distributed by a motor vehicle manufacturer with	7369
which the motor vehicle dealer has a franchise agreement are sold	7370
or displayed there, or if repair, accessory, gasoline and oil,	7371
storage, parts, service, or paint departments are maintained	7372
there, or such products or services are provided there, if the	7373
departments are operated or the products or services are provided	7374
for the business of selling, displaying, offering for sale, or	7375
dealing in motor vehicles. Places of business or departments in a	7376
place of business used to dismantle, salvage, or rebuild motor	7377
vehicles by means of using used parts, are not considered as being	7378
maintained for the purpose of assisting or furthering the selling,	7379
displaying, offering for sale, or dealing in motor vehicles. A	7380
place of business shall be considered as used exclusively for	7381
selling, displaying, offering for sale, or dealing in motor	7382
vehicles even though a business owned by a motor vehicle leasing	7383
dealer or a motor vehicle renting dealer is located at the place	7384
of business.	7385

(B)(1) No new motor vehicle dealer shall sell, display, offer	7386
for sale, or deal in motor vehicles at any place except an	7387
established place of business that is used exclusively for the	7388
purpose of selling, displaying, offering for sale, or dealing in	7389
motor vehicles. The place of business shall have space, under	7390
roof, for the display of at least one new motor vehicle ~~and~~. The	7391
established place of business or, if the dealer operates a remote	7392
service facility, the dealer's remote service facility shall have	7393
facilities and space ~~therewith~~ for the inspection, servicing, and	7394
repair of at least one motor vehicle~~; except that~~. However a new	7395
motor vehicle dealer selling manufactured or mobile homes is	7396
exempt from the requirement that a place of business have space,	7397
under roof, for the display of at least one new motor vehicle and	7398
facilities and space for the inspection, servicing, and repair of	7399
at least one motor vehicle.	7400

(2) A licensed new motor vehicle dealer may operate a remote	7401
service facility with the consent of the manufacturer and only to	7402
perform repairs, warranty work, recall work, and maintenance on	7403
motor vehicles as part of the dealer's franchised and licensed new	7404
motor vehicle dealership. The remote service facility shall be	7405
included on the new motor vehicle dealer's license and be deemed	7406
to be part of the dealer's licensed location.	7407

(3) No person shall use a remote service facility for	7408
selling, displaying, or offering for sale motor vehicles.	7409

(4) Nothing in Chapter 4517. of the Revised Code shall be	7410
construed as prohibiting the sale of a new or used manufactured or	7411
mobile home located in a manufactured home park by a licensed new	7412
or used motor vehicle dealer.	7413

(C) No used motor vehicle dealer shall sell, display, offer	7414
for sale, or deal in motor vehicles at any place except an	7415
established place of business that is used exclusively for the	7416
purpose of selling, displaying, offering for sale, or dealing in	7417
motor vehicles.	7418

(D) No motor vehicle leasing dealer shall make a motor	7419
vehicle available for use by another, in the manner described in	7420
division (M) of section 4517.01 of the Revised Code, at any place	7421
except an established place of business that is used for leasing	7422
motor vehicles; except that a motor vehicle leasing dealer who is	7423
also a new motor vehicle dealer or used motor vehicle dealer may	7424
lease motor vehicles at the same place of business at which the	7425
dealer sells, offers for sale, or deals in new or used motor	7426
vehicles.	7427

(E) No motor vehicle leasing dealer or motor vehicle renting	7428
dealer shall sell a motor vehicle within ninety days after a	7429
certificate of title to the motor vehicle is issued to the dealer,	7430
except when a salvage certificate of title is issued to replace	7431
the original certificate of title and except when a motor vehicle	7432
leasing dealer sells a motor vehicle to another motor vehicle	7433
leasing dealer at the end of a sublease pursuant to that sublease.	7434

(F) No distributor shall distribute new motor vehicles to new	7435
motor vehicle dealers at any place except an established place of	7436
business that is used exclusively for the purpose of distributing	7437
new motor vehicles to new motor vehicle dealers; except that a	7438
distributor who is also a new motor vehicle dealer may distribute	7439
new motor vehicles at the same place of business at which the	7440
distributor sells, displays, offers for sale, or deals in new	7441
motor vehicles.	7442

(G) No person, firm, or corporation that sells, displays, or	7443
offers for sale tent-type fold-out camping trailers is subject to	7444
the requirement that the person's, firm's, or corporation's place	7445
of business be used exclusively for the purpose of selling,	7446
displaying, offering for sale, or dealing in motor vehicles. No	7447
person, firm, or corporation that sells, displays, or offers for	7448
sale tent-type fold-out camping trailers, trailers, semitrailers,	7449
or park trailers is subject to the requirement that the place of	7450
business have space, under roof, for the display of at least one	7451
new motor vehicle and facilities and space for the inspection,	7452
servicing, and repair of at least one motor vehicle.	7453

(H) No manufactured or mobile home broker shall engage in the	7454
business of brokering manufactured or mobile homes at any place	7455
except an established place of business that is used exclusively	7456
for the purpose of brokering manufactured or mobile homes.	7457

(I) Nothing in this section shall be construed to prohibit	7458
persons licensed under this chapter from making sales calls.	7459

(J) Whoever violates this section is guilty of a misdemeanor	7460
of the fourth degree.	7461

(K) As used in this section:

7462

(1) "Motor vehicle leasing dealer" has the same meaning as in	7463
section 4517.01 of the Revised Code.	7464

(2) "Motor vehicle renting dealer" has the same meaning as in	7465
section 4549.65 of the Revised Code.	7466

(3) "Watercraft" has the same meaning as in section 1547.01	7467
of the Revised Code.	7468

Sec. 4517.10. At the time the registrar of motor vehicles	7469
grants the application of any person for a license as motor	7470
vehicle dealer, motor vehicle leasing dealer, manufactured home	7471
broker, distributor, motor vehicle auction owner, or motor vehicle	7472
salesperson, the registrar shall issue to the person a license.	7473
The registrar shall prescribe different forms for the licenses of	7474
motor vehicle dealers, motor vehicle leasing dealers, manufactured	7475
home brokers, distributors, motor vehicle auction owners, and	7476
motor vehicle salespersons, and all licenses shall include the	7477
name and post-office address of the person licensed.	7478

The fee for a dealer's license, a motor vehicle leasing	7479
dealer's license, and a manufactured home broker's license shall	7480
be ~~twenty-five~~fifty dollars, and the fee for a salesperson's	7481
license shall be ~~five~~ten dollars. The fee for a motor vehicle	7482
auction owner's license shall be ~~fifty~~one hundred dollars for	7483
each location. The fee for a distributor's license shall be ~~fifty~~	7484
one hundred dollars for each distributorship. In all cases, the	7485
fee shall accompany the application for license.	7486

The registrar may require each applicant for a license issued	7487
under this chapter to pay an additional fee, which shall be used	7488
by the registrar to pay the costs of obtaining a record of any	7489
arrests and convictions of the applicant from the Ohio bureau of	7490
identification and investigation. The amount of the fee shall be	7491
equal to that paid by the registrar to obtain such record.	7492

If a dealer, a motor vehicle leasing dealer, or a	7493
manufactured home broker, has more than one place of business in	7494
the county, the dealer or the broker shall make application, in	7495
such form as the registrar prescribes, for a certified copy of the	7496
license issued to the dealer or manufactured home broker for each	7497
place of business operated. In the event of the loss, mutilation,	7498
or destruction of a license issued under sections 4517.01 to	7499
4517.65 of the Revised Code, any licensee may make application to	7500
the registrar, in such form as the registrar prescribes, for a	7501
duplicate copy thereof. The fee for a certified or duplicate copy	7502
of a dealer's, motor vehicle leasing dealer's, manufactured home	7503
broker's, distributor's, or auction owner's license, is two	7504
dollars, and the fee for a duplicate copy of a salesperson's	7505
license is one dollar. All fees for such copies shall accompany	7506
the applications.	7507

~~All~~Beginning on the effective date of this amendment, all	7508
dealers' licenses, motor vehicle leasing dealers' licenses,	7509
manufactured home broker's licenses, distributors' licenses, ~~and~~	7510
auction owners' licenses ~~issued or renewed each year shall expire~~	7511
~~on the last day of March~~, and all salespersons' licenses issued or	7512
renewed ~~each year~~ shall expire biennially on ~~the last~~a day of	7513
~~June next following the date of their issuance~~within the two-year	7514
cycle that is prescribed by the registrar, unless sooner suspended	7515
or revoked. ~~Each~~Before the first day after the day prescribed by	7516
the registrar in the year that the license expires, each licensed	7517
dealer, motor vehicle leasing dealer, manufactured home broker,	7518
distributor, and auction owner ~~licensed during any year shall,~~	7519
~~before the first day of April each year thereafter~~ and each	7520
licensed salesperson ~~licensed during any year shall~~, ~~before the~~	7521
~~first day of July each~~in the year ~~thereafter~~in which the license	7522
will expire, shall file an application, in such form as the	7523
registrar prescribes, for the renewal of such license. The fee	7524
provided in this section for the original license shall accompany	7525
the application.	7526

Any salesperson's license shall be suspended upon the	7527
termination, suspension, or revocation of the license of the motor	7528
vehicle dealer or manufactured home broker for whom the	7529
salesperson is acting, or upon the salesperson leaving the service	7530
of the motor vehicle dealer or manufactured home broker; provided	7531
that upon the termination, suspension, or revocation of the	7532
license of the motor vehicle dealer or manufactured home broker	7533
for whom the salesperson is acting, or upon the salesperson	7534
leaving the service of a licensed motor vehicle dealer or	7535
manufactured home broker, the licensed salesperson, upon entering	7536
the service of any other licensed motor vehicle dealer or	7537
manufactured home broker, shall make application to the registrar,	7538
in such form as the registrar prescribes, to have the	7539
salesperson's license reinstated, transferred, and registered as a	7540
salesperson for the other dealer or broker. If the information	7541
contained in the application is satisfactory to the registrar, the	7542
registrar shall have the salesperson's license reinstated,	7543
transferred, and registered as a salesperson for the other dealer	7544
or broker. The fee for the reinstatement and transfer of license	7545
shall be two dollars. No license issued to a dealer, motor vehicle	7546
leasing dealer, auction owner, manufactured home broker, or	7547
salesperson, under sections 4517.01 to 4517.65 of the Revised Code	7548
shall be transferable to any other person.	7549

Each dealer, motor vehicle leasing dealer, manufactured home	7550
broker, distributor, and auction owner shall keep the license or a	7551
certified copy thereof and, in the case of a dealer or broker, a	7552
current list of the dealer's or the broker's licensed	7553
salespersons, showing the names, addresses, and serial numbers of	7554
their licenses, posted in a conspicuous place in each place of	7555
business. Each salesperson shall carry the salesperson's license	7556
or a certified copy thereof and shall exhibit such license or copy	7557
upon demand to any inspector of the bureau of motor vehicles,	7558
state highway patrol trooper, police officer, or person with whom	7559
the salesperson seeks to transact business as a motor vehicle	7560
salesperson.	7561

~~If a dealer's, motor vehicle leasing dealer's, manufactured~~	7562
~~home broker's, distributor's, auction owner's, or salesperson's~~	7563
~~license, is not granted, the fee shall be returned to the~~	7564
~~applicant at the time of notification that the application has~~	7565
~~been refused.~~ The notice of refusal to grant a license shall	7566
disclose the reason for refusal.	7567

Sec. 4517.14. The registrar of motor vehicles shall deny the	7568
application of any person for a license as a salesperson and	7569
refuse to issue the license if the registrar finds that the	7570
applicant:	7571

(A) Has made any false statement of a material fact in the	7572
application;	7573

(B) Has not complied with sections 4517.01 to 4517.45 of the	7574
Revised Code;	7575

(C) Is of bad business repute or has habitually defaulted on	7576
financial obligations;	7577

(D) Has been guilty of a fraudulent act in connection with	7578
selling or otherwise dealing in motor vehicles;	7579

(E) Has not been designated to act as salesperson for a motor	7580
vehicle dealer or manufactured home broker licensed to do business	7581
in this state under section 4517.10 of the Revised Code, or	7582
intends to act as salesperson for more than one licensed motor	7583
vehicle dealer or manufactured home broker at the same time,	7584
except that a licensed salesperson may act as a salesperson at any	7585
licensed dealership owned or operated by the same corporation,	7586
regardless of the county in which the dealership's facility is	7587
located;	7588

(F) Holds a current motor vehicle dealer's or manufactured	7589
home broker's license issued under section 4517.10 of the Revised	7590
Code, and intends to act as salesperson for another licensed motor	7591
vehicle dealer or manufactured home broker;	7592

(G) Has, less than twelve months prior to making application,	7593
been denied a salesperson's license or had a salesperson's license	7594
revoked.	7595

The registrar may refuse to issue a salesperson's license to	7596
an applicant who was salesperson for, or in the employ of, a motor	7597
vehicle dealer or manufactured home broker at the time the	7598
dealer's or broker's license was revoked. The registrar's finding	7599
may be based upon any statement contained in the application or	7600
upon any facts within the registrar's knowledge, and, immediately	7601
upon refusing to issue a salesperson's license, the registrar	7602
shall enter a final order and shall certify the final order	7603
together with his findings to the motor vehicle dealers board.	7604

Sec. 4519.03. (A) The owner of every snowmobile, off-highway	7605
motorcycle, and all-purpose vehicle required to be registered	7606
under section 4519.02 of the Revised Code shall file an	7607
application for registration with the registrar of motor vehicles	7608
or a deputy registrar, on blanks furnished by the registrar for	7609
that purpose and containing all of the following information:	7610

(1) A brief description of the snowmobile, off-highway	7611
motorcycle, or all-purpose vehicle, including the ~~name of the~~	7612
~~manufacturer, the factory or~~year, make, model ~~number~~, and the	7613
vehicle identification number;	7614

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

7615

(3) A statement that the snowmobile, off-highway motorcycle,	7616
or all-purpose vehicle is equipped as required by section 4519.20	7617
of the Revised Code and any rule adopted under that section. The	7618
statement shall include a check list of the required equipment	7619
items in the form the registrar shall prescribe.	7620

The application shall be signed by the owner of the	7621
snowmobile, off-highway motorcycle, or all-purpose vehicle and	7622
shall be accompanied by a fee as provided in division (C) of	7623
section 4519.04 of the Revised Code.	7624

If the application is not in proper form, or if the vehicle	7625
for which registration is sought does not appear to be equipped as	7626
required by section 4519.20 of the Revised Code or any rule	7627
adopted under that section, the registration shall be refused, and	7628
no registration sticker shall be issued.	7629

(B) On and after July 1, 1999, no certificate of registration	7630
or renewal of a certificate of registration shall be issued for an	7631
off-highway motorcycle or all-purpose vehicle required to be	7632
registered under section 4519.02 of the Revised Code, and no	7633
certificate of registration issued under this chapter for an	7634
off-highway motorcycle or all-purpose vehicle that is sold or	7635
otherwise transferred shall be transferred to the new owner of the	7636
off-highway motorcycle or all-purpose vehicle as permitted by	7637
division (B) of section 4519.05 of the Revised Code, unless a	7638
certificate of title has been issued under this chapter for the	7639
motorcycle or vehicle, and the owner or new owner, as the case may	7640
be, presents a physical certificate of title or memorandum	7641
certificate of title for inspection at the time the owner or new	7642
owner first submits a registration application, registration	7643
renewal application, or registration transfer application for the	7644
motorcycle or vehicle on or after July 1, 1999, if a physical	7645
certificate of title or memorandum certificate has been issued by	7646
a clerk of a court of common pleas. If, under sections 4519.512	7647
and 4519.58 of the Revised Code, a clerk instead has issued an	7648
electronic certificate of title for the applicant's off-highway	7649
motorcycle or all-purpose vehicle, that certificate may be	7650
presented for inspection at the time of first registration in a	7651
manner prescribed by rules adopted by the registrar.	7652

(C) When the owner of an off-highway motorcycle or	7653
all-purpose vehicle first registers it in the owner's name, and a	7654
certificate of title has been issued for the motorcycle or	7655
vehicle, the owner shall present for inspection a physical	7656
certificate of title or memorandum certificate of title showing	7657
title to the off-highway motorcycle or all-purpose vehicle in the	7658
name of the owner if a physical certificate of title or memorandum	7659
certificate has been issued by a clerk of a court of common pleas.	7660
If, under sections 4519.512 and 4519.58 of the Revised Code, a	7661
clerk instead has issued an electronic certificate of title for	7662
the applicant's off-highway motorcycle or all-purpose vehicle,	7663
that certificate may be presented for inspection at the time of	7664
first registration in a manner prescribed by rules adopted by the	7665
registrar. If, when the owner of such an off-highway motorcycle or	7666
all-purpose vehicle first makes application to register it in the	7667
owner's name, the application is not in proper form or the	7668
certificate of title or memorandum certificate of title does not	7669
accompany the registration or, in the case of an electronic	7670
certificate of title, is not presented in a manner prescribed by	7671
the registrar, the registration shall be refused, and neither a	7672
certificate of registration nor a registration sticker shall be	7673
issued. When a certificate of registration and registration	7674
sticker are issued upon the first registration of an off-highway	7675
motorcycle or all-purpose vehicle by or on behalf of the owner,	7676
the official issuing them shall indicate the issuance with a stamp	7677
on the certificate of title or memorandum certificate of title or,	7678
in the case of an electronic certificate of title, an electronic	7679
stamp or other notation as specified in rules adopted by the	7680
registrar.	7681

(D) Each deputy registrar shall be allowed a fee of two	7682
dollars and seventy-five cents commencing on July 1, 2001, three	7683
dollars and twenty-five cents commencing on January 1, 2003, and	7684
three dollars and fifty cents commencing on January 1, 2004, for	7685
each application or renewal application received by the deputy	7686
registrar, which shall be for the purpose of compensating the	7687
deputy registrar for services, and office and rental expense, as	7688
may be necessary for the proper discharge of the deputy	7689
registrar's duties in the receiving of applications and the	7690
issuing of certificates of registration.	7691

Each deputy registrar, upon receipt of any application for	7692
registration, together with the registration fee, shall transmit	7693
the fee, together with the original and duplicate copy of the	7694
application, to the registrar in the manner and at the times the	7695
registrar, subject to the approval of the director of public	7696
safety and the treasurer of state, shall prescribe by rule.	7697

Sec. 4519.05. (A) Whenever a registered snowmobile,	7698
off-highway motorcycle, or all-purpose vehicle is destroyed or	7699
similarly disposed of, the owner shall surrender the certificate	7700
of registration to the registrar of motor vehicles or a deputy	7701
registrar within fifteen days following the destruction or	7702
disposal. The registrar thereupon shall cancel the certificate and	7703
enter that fact in the registrar's records.	7704

In the case of an off-highway motorcycle or all-purpose	7705
vehicle for which a certificate of title has been issued, the	7706
owner also shall surrender the certificate of title to the clerk	7707
of the court of common pleas who issued it and the clerk, with the	7708
consent of any lienholders noted thereon, shall enter a	7709
cancellation upon the clerk's records and shall notify the	7710
registrar of the cancellation. Upon the cancellation of a	7711
certificate of title in the manner prescribed by this division,	7712
the clerk and the registrar may cancel and destroy all	7713
certificates of title and memorandum certificates of title in that	7714
chain of title.	7715

(B) Subject to division (B) of section 4519.03 of the Revised	7716
Code, whenever the ownership of a registered snowmobile,	7717
off-highway motorcycle, or all-purpose vehicle is transferred by	7718
sale or otherwise, the new owner, within fifteen days following	7719
the transfer, shall make application to the registrar or a deputy	7720
registrar for the transfer of the certificate of registration.	7721
Upon receipt of the application and a fee of one dollar, the	7722
registrar shall transfer the certificate to the new owner and	7723
shall enter the new owner's name and address in the registrar's	7724
records.	7725

(C) Whenever the owner of a registered snowmobile,	7726
off-highway motorcycle, or all-purpose vehicle changes address,	7727
the owner shall surrender the certificate of registration to the	7728
registrar or a deputy registrar within fifteen days following the	7729
address change. Upon receipt of the certificate, the registrar	7730
shall enter the new address thereon and shall make the appropriate	7731
change in the registrar's records. In a case where the owner's	7732
change of address involves a move outside of the state, the	7733
registrar shall cancel the certificate of registration for that	7734
snowmobile, off-highway motorcycle, or all-purpose vehicle.	7735

(D) Whenever a certificate of registration for a snowmobile,	7736
off-highway motorcycle, or all-purpose vehicle is lost, mutilated,	7737
or destroyed, the owner may obtain a duplicate certificate, which	7738
shall be identified as such, upon application and the payment of a	7739
fee of one dollar.	7740

(E) The registrar and each deputy registrar may collect and	7741
retain an additional fee of two dollars and seventy-five cents	7742
commencing on July 1, 2001, three dollars and twenty-five cents	7743
commencing on January 1, 2003, and three dollars and fifty cents	7744
commencing on January 1, 2004, for each application for the	7745
transfer of a certificate of registration or duplicate certificate	7746
of registration received by the registrar or deputy registrar.	7747

(F) Whoever violates division (A), (B), or (C) of this	7748
section shall be fined not more than twenty-five dollars for a	7749
first offense; for each subsequent offense, the offender shall be	7750
fined not less than twenty-five nor more than fifty dollars.	7751

Sec. 4519.56. (A) An application for a certificate of title	7752
shall be sworn to before a notary public or other officer	7753
empowered to administer oaths by the lawful owner or purchaser of	7754
the off-highway motorcycle or all-purpose vehicle and shall	7755
contain at least the following information in a form and together	7756
with any other information the registrar of motor vehicles may	7757
require:	7758

(1) Name, address, and social security number or employer's	7759
tax identification number of the applicant;	7760

(2) Statement of how the off-highway motorcycle or	7761
all-purpose vehicle was acquired;	7762

(3) Name and address of the previous owner;

7763

(4) A statement of all liens, mortgages, or other	7764
encumbrances on the off-highway motorcycle or all-purpose vehicle,	7765
and the name and address of each holder thereof;	7766

(5) If there are no outstanding liens, mortgages, or other	7767
encumbrances, a statement of that fact;	7768

(6) A description of the off-highway motorcycle or	7769
all-purpose vehicle, including the make, year, series or model, if	7770
any, body type, and manufacturer's vehicle identification number.	7771

If the off-highway motorcycle or all-purpose vehicle contains	7772
a permanent identification number placed thereon by the	7773
manufacturer, this number shall be used as the vehicle	7774
identification number. Except as provided in division (B) of this	7775
section, if the application for a certificate of title refers to	7776
an off-highway motorcycle or all-purpose vehicle that contains	7777
such a permanent identification number, but for which no	7778
certificate of title has been issued previously by this state, the	7779
application shall be accompanied by a physical inspection	7780
certificate as described in that division.	7781

If there is no manufacturer's vehicle identification number	7782
or if the manufacturer's vehicle identification number has been	7783
removed or obliterated, the registrar, upon receipt of a	7784
prescribed application and proof of ownership, but prior to	7785
issuance of a certificate of title, shall assign a vehicle	7786
identification number for the off-highway motorcycle or	7787
all-purpose vehicle. This assigned vehicle identification number	7788
shall be permanently affixed to or imprinted upon the off-highway	7789
motorcycle or all-purpose vehicle by the state highway patrol. The	7790
state highway patrol shall assess a fee of fifty dollars for	7791
affixing the number to the off-highway motorcycle or all-purpose	7792
vehicle and shall deposit each such fee in the state highway	7793
safety fund established by section 4501.06 of the Revised Code.	7794

(B) Except in the case of a new off-highway motorcycle or	7795
all-purpose vehicle sold by a dealer ~~licensed under Chapter 4517.~~	7796
~~of the Revised Code~~ title to which is evidenced by a	7797
manufacturer's or importer's certificate, if the application for a	7798
certificate of title refers to an off-highway motorcycle or	7799
all-purpose vehicle that contains a permanent identification	7800
number placed thereon by the manufacturer, but for which no	7801
certificate of title previously has been issued by this state, the	7802
application shall be accompanied by a physical inspection	7803
certificate issued by the department of public safety verifying	7804
the make, year, series or model, if any, body type, and	7805
manufacturer's vehicle identification number of the off-highway	7806
motorcycle or all-purpose vehicle for which the certificate of	7807
title is desired. The physical inspection certificate shall be in	7808
such form as is designated by the registrar. The physical	7809
inspection shall be made at a deputy registrar's office or at an	7810
established place of business operated by a licensed motor vehicle	7811
dealer. The deputy registrar or motor vehicle dealer may charge a	7812
maximum fee of two dollars and seventy-five cents commencing on	7813
July 1, 2001, three dollars and twenty-five cents commencing on	7814
January 1, 2003, and three dollars and fifty cents commencing on	7815
January 1, 2004, for conducting the physical inspection.	7816

The clerk of the court of common pleas shall charge a fee of	7817
one dollar and fifty cents for the processing of each physical	7818
inspection certificate. The clerk shall retain fifty cents of the	7819
one dollar and fifty cents so charged and shall pay the remaining	7820
one dollar to the registrar by monthly returns, which shall be	7821
forwarded to the registrar not later than the fifth day of the	7822
month next succeeding that in which the certificate is received by	7823
the clerk. The registrar shall pay such remaining sums into the	7824
state bureau of motor vehicles fund established by section 4501.25	7825
of the Revised Code.	7826

Sec. 4519.57. (A) When the clerk of a court of common pleas	7827
issues a physical certificate of title for an off-highway	7828
motorcycle or all-purpose vehicle, the clerk shall issue it over	7829
the clerk's official seal. The front side of each physical	7830
certificate of title shall contain the information required in the	7831
application for it as prescribed by section 4519.56 of the Revised	7832
Code, spaces for the dates of notation and cancellation of two	7833
liens, mortgages, or encumbrances, and any other pertinent	7834
information as may be required by the registrar of motor vehicles,	7835
but shall contain neither the social security number nor taxpayer	7836
identification number of the applicant. The reverse side of each	7837
physical certificate of title shall contain all of the information	7838
specified in division (F) of section 4505.07 of the Revised Code.	7839
An assignment of certificate of title before a notary public or	7840
other officer empowered to administer oaths shall appear on the	7841
reverse side of each physical certificate of title in the form to	7842
be prescribed by the registrar. The assignment form shall include	7843
a warranty that the signer is the owner of the off-highway	7844
motorcycle or all-purpose vehicle and that there are no mortgages,	7845
liens, or encumbrances on the off-highway motorcycle or	7846
all-purpose vehicle except as are noted on the face of the	7847
certificate of title.	7848

Physical certificates of title also shall bear a statement	7849
that liens applicable to the off-highway motorcycle or all-purpose	7850
vehicle other than the two for which there are spaces on the	7851
certificates may exist and, if so, are entered into the automated	7852
title processing system.	7853

(B) An electronic certificate of title is an electronic	7854
record stored in the automated title processing system that	7855
establishes ownership of an off-highway motorcycle or all-purpose	7856
vehicle, as well as any security interests that exist in that	7857
off-highway motorcycle or all-purpose vehicle.	7858

Sec. 4519.58. (A) When the clerk of a court of common pleas	7859
issues a physical certificate of title, the clerk shall issue the	7860
certificate of title on a form and in ~~duplicate. One copy shall be~~	7861
~~retained and filed~~a manner prescribed by the registrar of motor	7862
vehicles. The clerk shall file a copy of the physical evidence for	7863
the creation of the certificate of title in ~~the clerk's office,~~	7864
~~and~~a manner prescribed by the ~~information contained in it~~	7865
registrar. A clerk may retain digital images of documents used as	7866
evidence for issuance of a certificate of title. Certified	7867
printouts of documents retained as digital images shall have the	7868
same evidentiary value as the original physical documents. The	7869
record of the issuance of the certificate of title shall be	7870
~~transmitted to the registrar of motor vehicles on~~maintained in	7871
the ~~day it is issued~~automated title processing system. The clerk	7872
shall sign and affix the clerk's seal to the original certificate	7873
of title and, if there are no liens on the off-highway motorcycle	7874
or all-purpose vehicle, shall deliver the certificate to the	7875
applicant or the selling dealer. Except as otherwise provided in	7876
this section, if there are one or more liens on the off-highway	7877
motorcycle or all-purpose vehicle, the certificate of title shall	7878
be delivered to the holder of the first lien. If the certificate	7879
of title is obtained by a dealer on behalf of the applicant and	7880
there are one or more liens on the off-highway motorcycle or	7881
all-purpose vehicle, the clerk shall issue a certificate of title	7882
and may issue a memorandum certificate of title. The certificate	7883
of title and memorandum certificate of title, if issued, shall be	7884
delivered to the holder of the first lien or the selling dealer,	7885
who shall deliver the certificate of title to the holder of the	7886
first lien and the memorandum certificate of title to the	7887
applicant. The selling dealer also may make arrangements with the	7888
clerk to have the clerk deliver the memorandum certificate of	7889
title to the applicant.	7890

(B) The registrar shall prescribe a uniform method of	7891
numbering certificates of title. The numbering shall be in such	7892
manner that the county of issuance is indicated. Numbers shall be	7893
assigned to certificates of title in the manner prescribed by the	7894
registrar. The clerk shall file all certificates of title	7895
according to the rules to be prescribed by the registrar, and the	7896
clerk shall maintain in the clerk's office indexes for the	7897
certificates of title.	7898

The clerk need not retain on file any current certificates of	7899
title, current duplicate certificates of title, current memorandum	7900
certificates of title, or current salvage certificates of title,	7901
or supporting evidence of them, ~~including the electronic record~~	7902
~~described in section 4519.55 of the Revised Code,~~ covering any	7903
off-highway motorcycle or all-purpose vehicle for a period longer	7904
than seven years after the date of their filing; thereafter, the	7905
documents and supporting evidence may be destroyed. The clerk need	7906
not retain on file any inactive records, including certificates of	7907
title, duplicate certificates of title, or memorandum certificates	7908
of title, or supporting evidence of them, including the electronic	7909
record described in section 4519.55 of the Revised Code, covering	7910
any off-highway motorcycle or all-purpose vehicle for a period	7911
longer than five years after the date of their filing; thereafter,	7912
the documents and supporting evidence may be destroyed.	7913

The automated title processing system shall contain all	7914
active records and an index of the active records, and shall	7915
contain a record and index of all inactive titles for ten years,	7916
and a record and index of all inactive titles for manufactured and	7917
mobile homes for thirty years. If the clerk provides a written	7918
copy of any information contained in the database, the copy shall	7919
be considered the original for purposes of the clerk certifying	7920
the record of such information for use in any legal proceedings.	7921

(C) The clerk shall issue a physical certificate of title to	7922
an applicant unless the applicant specifically requests the clerk	7923
not to issue a physical certificate of title and instead to issue	7924
an electronic certificate of title. The fact that a physical	7925
certificate of title is not issued for an off-highway motorcycle	7926
or all-purpose vehicle does not affect ownership of the motorcycle	7927
or vehicle. In that case, when the clerk completes the process of	7928
entering certificate of title application information into the	7929
automated title processing system, the effect of the completion of	7930
the process is the same as if the clerk actually issued a physical	7931
certificate of title for the motorcycle or vehicle.	7932

(D) An electronic dealer who applies for a certificate of	7933
title on behalf of a customer who purchases an off-highway	7934
motorcycle or all-purpose vehicle from the dealer may print a	7935
non-negotiable evidence of ownership for the customer if the	7936
customer so requests. The authorization to print the	7937
non-negotiable evidence of ownership shall come from the clerk	7938
with whom the dealer makes application for the certificate of	7939
title for the customer, but the printing by the dealer does not	7940
create an agency relationship of any kind between the dealer and	7941
the clerk.	7942

(E) ~~If an electronic certificate of title previously has been~~	7943
~~issued for an off-highway motorcycle or all-purpose vehicle, the~~	7944
The owner of the off-highway motorcycle or all-purpose vehicle may	7945
apply at any time to a clerk of a court of common pleas for a	7946
non-negotiable evidence of ownership for the off-highway	7947
motorcycle or all-purpose vehicle.	7948

Sec. 4519.61. (A) Each owner of an off-highway motorcycle or	7949
all-purpose vehicle and each person mentioned as owner in the last	7950
certificate of title, when the off-highway motorcycle or	7951
all-purpose vehicle is dismantled, destroyed, or changed in such	7952
manner that it loses its character as an off-highway motorcycle or	7953
all-purpose vehicle, or changed in such manner that it is not the	7954
off-highway motorcycle or all-purpose vehicle described in the	7955
certificate of title, shall surrender the certificate of title to	7956
a clerk of a court of common pleas, and the clerk, with the	7957
consent of the holders of any liens noted on the certificate of	7958
title, then shall enter a cancellation upon the clerk's records	7959
and shall notify the registrar of motor vehicles of the	7960
cancellation.	7961

Upon the cancellation of a certificate of title in the manner	7962
prescribed by this section, any clerk and the registrar may cancel	7963
and destroy all certificates and all memorandum certificates in	7964
that chain of title.	7965

(B) If an Ohio certificate of title or salvage certificate of	7966
title to an off-highway motorcycle or all-purpose vehicle is	7967
assigned to a salvage dealer, the dealer shall not be required to	7968
obtain an Ohio certificate of title or a salvage certificate of	7969
title to the off-highway motorcycle or all-purpose vehicle in the	7970
dealer's own name if the dealer dismantles or destroys the	7971
off-highway motorcycle or all-purpose vehicle, completes the	7972
assignment on the certificate of title or salvage certificate of	7973
title, indicates the number of the dealer's motor vehicle salvage	7974
dealer's license on it, marks "FOR DESTRUCTION" across the face of	7975
the certificate of title or salvage certificate of title, and	7976
surrenders the certificate of title or salvage certificate of	7977
title to a clerk of a court of common pleas as provided in	7978
division (A) of this section. If the salvage dealer retains the	7979
off-highway motorcycle or all-purpose vehicle for resale, the	7980
salvage dealer shall make application for a salvage certificate of	7981
title to the off-highway motorcycle or all-purpose vehicle in the	7982
salvage dealer's own name as provided in division (C)(1) of this	7983
section.	7984

(C)(1) When an insurance company declares it economically	7985
impractical to repair the off-highway motorcycle or all-purpose	7986
vehicle and has paid an agreed price for the purchase of the	7987
off-highway motorcycle or all-purpose vehicle to any insured or	7988
claimant owner, the insurance company shall receive the	7989
certificate of title and off-highway motorcycle or all-purpose	7990
vehicle and proceed as follows. Within thirty days, the insurance	7991
company shall deliver the certificate of title to a clerk of a	7992
court of common pleas and shall make application for a salvage	7993
certificate of title. The clerk shall issue the salvage	7994
certificate of title on a form, prescribed by the registrar, that	7995
shall be easily distinguishable from the original certificate of	7996
title and shall bear the same ~~number and~~ information as the	7997
original certificate of title except that it may bear a different	7998
number from that of the original certificate of title. Except as	7999
provided in division (C)(2) of this section, the salvage	8000
certificate of title shall be assigned by the insurance company to	8001
a salvage dealer or any other person for use as evidence of	8002
ownership upon the sale or other disposition of the off-highway	8003
motorcycle or all-purpose vehicle, and the salvage certificate of	8004
title shall be transferable to any other person. The clerk of the	8005
court of common pleas shall charge a fee of four dollars for the	8006
cost of processing each salvage certificate of title.	8007

(2) If an insurance company considers an off-highway	8008
motorcycle or all-purpose vehicle as described in division (C)(1)	8009
of this section to be impossible to restore to normal operation,	8010
the insurance company may assign the certificate of title to the	8011
off-highway motorcycle or all-purpose vehicle to a salvage dealer	8012
or scrap metal processing facility and send the assigned	8013
certificate of title to the clerk of the court of common pleas of	8014
~~the~~any county ~~in which the salvage dealer or scrap metal~~	8015
~~processing facility is located~~. The insurance company shall mark	8016
the face of the certificate of title "FOR DESTRUCTION" and shall	8017
deliver a photocopy of the certificate of title to the salvage	8018
dealer or scrap metal processing facility for its records.	8019

(3) If an insurance company declares it economically	8020
impractical to repair an off-highway motorcycle or all-purpose	8021
vehicle, agrees to pay to the insured or claimant owner an amount	8022
in settlement of a claim against a policy of motor vehicle	8023
insurance covering the off-highway motorcycle or all-purpose	8024
vehicle, and agrees to permit the insured or claimant owner to	8025
retain possession of the off-highway motorcycle or all-purpose	8026
vehicle, the insurance company shall not pay the insured or	8027
claimant owner any amount in settlement of the insurance claim	8028
until the owner obtains a salvage certificate of title to the	8029
vehicle and furnishes a copy of the salvage certificate of title	8030
to the insurance company.	8031

(D) When a self-insured organization, rental or leasing	8032
company, or secured creditor becomes the owner of an off-highway	8033
motorcycle or all-purpose vehicle that is burned, damaged, or	8034
dismantled and is determined to be economically impractical to	8035
repair, the self-insured organization, rental or leasing company,	8036
or secured creditor shall do one of the following:	8037

(1) Mark the face of the certificate of title to the	8038
off-highway motorcycle or all-purpose vehicle "FOR DESTRUCTION"	8039
and surrender the certificate of title to a clerk of a court of	8040
common pleas for cancellation as described in division (A) of this	8041
section. The self-insured organization, rental or leasing company,	8042
or secured creditor then shall deliver the off-highway motorcycle	8043
or all-purpose vehicle, together with a photocopy of the	8044
certificate of title, to a salvage dealer or scrap metal	8045
processing facility and shall cause the off-highway motorcycle or	8046
all-purpose vehicle to be dismantled, flattened, crushed, or	8047
destroyed.	8048

(2) Obtain a salvage certificate of title to the off-highway	8049
motorcycle or all-purpose vehicle in the name of the self-insured	8050
organization, rental or leasing company, or secured creditor, as	8051
provided in division (C)(1) of this section, and then sell or	8052
otherwise dispose of the off-highway motorcycle or all-purpose	8053
vehicle. If the off-highway motorcycle or all-purpose vehicle is	8054
sold, the self-insured organization, rental or leasing company, or	8055
secured creditor shall obtain a salvage certificate of title to	8056
the off-highway motorcycle or all-purpose vehicle in the name of	8057
the purchaser from a clerk of a court of common pleas.	8058

(E) If an off-highway motorcycle or all-purpose vehicle	8059
titled with a salvage certificate of title is restored for	8060
operation, application shall be made to a clerk of a court of	8061
common pleas for a certificate of title after inspection by the	8062
state highway patrol. The inspection shall include establishing	8063
proof of ownership and an inspection of the motor number and	8064
vehicle identification number of the off-highway motorcycle or	8065
all-purpose vehicle and of documentation or receipts for the	8066
materials used in restoration by the owner of the off-highway	8067
motorcycle or all-purpose vehicle being inspected, which	8068
documentation or receipts shall be presented at the time of	8069
inspection. Upon successful completion of the inspection, the	8070
state highway patrol shall issue to the owner a completed	8071
inspection form. The clerk, upon submission of the completed	8072
inspection form and surrender of the salvage certificate of title,	8073
shall issue a certificate of title for a fee prescribed by the	8074
registrar. The certificate of title shall be in the same form as	8075
the original certificate of title~~, shall bear the same number as~~	8076
~~the salvage certificate of title and the original certificate of~~	8077
~~title,~~ and shall bear the words "REBUILT SALVAGE" in black	8078
boldface letters on its face. Every subsequent certificate of	8079
title, memorandum certificate of title, or certified copy of a	8080
certificate of title or memorandum certificate of title issued for	8081
the off-highway motorcycle or all-purpose vehicle also shall bear	8082
the words "REBUILT SALVAGE" in black boldface letters on its face.	8083
The exact location on the face of the certificate of title of the	8084
words "REBUILT SALVAGE" shall be determined by the registrar, who	8085
shall develop an automated procedure within the automated title	8086
processing system to comply with this division. The clerk shall	8087
use reasonable care in performing the duties imposed on the clerk	8088
by this division in issuing a certificate of title pursuant to	8089
this division, but the clerk is not liable for errors or omissions	8090
of the clerk of courts, the clerk's deputies, or the automated	8091
title processing system in the performance of such duties. A fee	8092
of fifty dollars shall be assessed by the state highway patrol for	8093
each inspection made pursuant to this division.	8094

(F) No off-highway motorcycle or all-purpose vehicle the	8095
certificate of title to which has been marked "FOR DESTRUCTION"	8096
and surrendered to a clerk of a court of common pleas shall be	8097
used for anything except parts and scrap metal.	8098

Sec. 4519.631. The registrar of motor vehicles shall enable	8099
the public to access off-highway motorcycle and all-purpose	8100
vehicle title information via electronic means. No fee shall be	8101
charged for this access. The title information that must be so	8102
accessible is only the title information that is in an electronic	8103
format at the time a person requests this access.	8104

The registrar,shall establish procedures governing this	8105
access. The procedures may be established by rule in accordance	8106
with Chapter 119. of the Revised Code~~, shall adopt rules governing~~	8107
~~this access~~. In adopting the rules, the registrar shall confer	8108
with the clerks of the courts of common pleas.	8109

Access by the public to off-highway motorcycle and	8110
all-purpose vehicle title information under this section shall	8111
comply with all restrictions contained in the Revised Code and	8112
federal law that govern the disclosure of that information.	8113

Sec. 4519.68. (A)(1) Chapter 1309. of the Revised Code does	8114
not permit or require the deposit, filing, or other record of a	8115
security interest covering an off-highway motorcycle or	8116
all-purpose vehicle, except as provided in division (A)(2) of this	8117
section.	8118

(2) Chapter 1309. of the Revised Code applies to a security	8119
interest in an off-highway motorcycle or all-purpose vehicle held	8120
as inventory, as defined in section 1309.102 of the Revised Code,	8121
for sale by a dealer. The security interest has priority over	8122
creditors of the dealer as provided in Chapter 1309. of the	8123
Revised Code without notation of the security interest on a	8124
certificate of title, without entry of a notation of the security	8125
interest into the automated title processing system if a physical	8126
certificate of title has not been issued, or without the retention	8127
of a manufacturer's or importer's certificate.	8128

(B) Subject to division (A) of this section, any security	8129
agreement covering a security interest in an off-highway	8130
motorcycle or all-purpose vehicle, if a notation of the agreement	8131
has been made by a clerk of a court of common pleas on the face of	8132
the certificate of title or if the clerk has entered a notation of	8133
the agreement into the automated title processing system if a	8134
physical certificate of title has not been issued, is valid as	8135
against the creditors of the debtor, whether armed with process or	8136
not, and against subsequent purchasers, secured parties, and other	8137
lienholders or claimants. All security interests, liens,	8138
mortgages, and encumbrances entered into the automated title	8139
processing system in relation to a particular certificate of	8140
title, regardless of whether a physical certificate of title is	8141
issued, take priority according to the order of time in which they	8142
are entered into the automated title processing system by the	8143
clerk. Exposure for sale of any off-highway motorcycle or	8144
all-purpose vehicle by its owner, with the knowledge or with the	8145
knowledge and consent of the holder of any security interest,	8146
lien, mortgage, or encumbrance on it, does not render the security	8147
interest, lien, mortgage, or encumbrance ineffective as against	8148
the creditors of the owner, or against holders of subsequent	8149
security interests, liens, mortgages, or encumbrances upon the	8150
off-highway motorcycle or all-purpose vehicle.	8151

The secured party, upon presentation of evidence of a	8152
security interest to a clerk of a court of common pleas, together	8153
with the certificate of title if a physical certificate of title	8154
for the off-highway motorcycle or all-purpose vehicle exists, and	8155
the fee prescribed by section 4519.59 of the Revised Code, may	8156
have a notation of the security interest made ~~on the face of the~~	8157
~~certificate of title, and, if such a notation is made, another~~	8158
~~notation of the security interest shall be entered into the~~	8159
~~automated title processing system~~. Unless the secured party	8160
specifically requests the clerk not to issue a physical	8161
certificate of title and instead to issue an electronic	8162
certificate of title, the clerk, over the clerk's signature and	8163
seal of office, shall issue a new original certificate of title	8164
from the automated title processing system that indicates the	8165
security interest and the date of the security interest.	8166

If a security interest is fully discharged as a result of its	8167
holder's receipt of good funds in the correct amount and if the	8168
holder ~~of the security interest~~ holds a physical certificate of	8169
title, the holder ~~of the security interest~~ shall note ~~its~~the	8170
discharge of the security interest over the holder's signature on	8171
the face of the certificate of title, or over the holder's	8172
signature on a form prescribed by the registrar of motor vehicles	8173
when there is no space for the discharge on the face of the	8174
certificate of title. ~~Prior~~Except as otherwise provided in this	8175
section, prior to delivering the certificate of title to the	8176
owner, the holder or the holder's agent shall ~~present it and any~~	8177
~~additional information a clerk requires to a clerk to have the~~	8178
~~clerk note the cancellation of the security interest on the face~~	8179
ofconvey the certificate of title ~~and upon the records of the~~or	8180
a separate sworn statement of the discharge of the security	8181
interest to a clerk. The conveyance shall occur not more than	8182
seven business days after the date good funds in the correct	8183
amount to discharge fully the security interest have been credited	8184
to an account of the holder, provided the holder has been provided	8185
accurate information concerning the off-highway motorcycle or	8186
all-purpose vehicle. Conveyance of the certificate of title or	8187
separate sworn statement of the discharge within the required	8188
seven business days may be indicated by postmark or receipt by a	8189
clerk within that period. If the discharge of the security	8190
interest appears to be genuine, the clerk shall note the	8191
cancellation of the security interest on the face of the	8192
certificate of title, if it was so conveyed, and also shall note	8193
~~the cancellation on the clerk's records and notify the registrar,~~	8194
~~who shall note the cancellation. If a security interest that is~~	8195
~~discharged does not appear on the face of the certificate of~~	8196
~~title, but instead was entered into the automated title processing~~	8197
~~system, the clerk shall enter the cancellation into~~it in the	8198
automated title processing system ~~and also shall note the~~	8199
~~cancellation on a form prescribed by the registrar~~.	8200

If a security interest is fully discharged as a result of its	8201
holder's receipt of good funds in the correct amount and the	8202
holder does not hold a physical certificate of title, when the	8203
holder notifies a clerk of the discharge of its security interest,	8204
the holder at that time also may request the clerk to issue a	8205
physical certificate of title to the off-highway motorcycle or	8206
all-purpose vehicle. The request shall specify whether the clerk	8207
is to send the certificate of title directly to the owner or to	8208
the holder or the holder's agent for transmission to the owner. If	8209
such a request is made, the clerk shall issue a physical	8210
certificate of title and send it to the specified person.	8211

The clerk shall not honor such a request for a physical	8212
certificate of title if it is not made by the holder at the same	8213
time as the holder's notification to the clerk of the discharge of	8214
its security interest.	8215

(C) In all cases, a secured party may choose to present a	8216
clerk with evidence of a security interest via electronic means,	8217
and the clerk shall enter the security interest into the automated	8218
title processing system. A secured party also may choose to notify	8219
a clerk of the discharge of its security interest via electronic	8220
means, and the clerk shall enter the cancellation into the	8221
automated title processing system.	8222

(D) If a physical certificate of title has not been issued	8223
for an off-highway motorcycle or all-purpose vehicle and all the	8224
security interests relating to that motorcycle or vehicle have	8225
been discharged, the owner of the motorcycle or vehicle may obtain	8226
a physical certificate of title from the clerk of any court of	8227
common pleas upon payment of the fee specified in section 4519.59	8228
of the Revised Code.	8229

~~(D)~~(E) If a clerk of a court of common pleas, other than the	8230
clerk of the court of common pleas of the county in which the	8231
owner of an off-highway motorcycle or all-purpose vehicle resides,	8232
enters a notation of the existence of, or the cancellation of, a	8233
security interest relating to the off-highway motorcycle or	8234
all-purpose vehicle, the clerk shall transmit the data relating to	8235
the notation to the automated title processing system.	8236

Sec. 4549.081. (A) The superintendent of the state highway	8237
patrol shall adopt rules governing the use of an electronic	8238
clearance device that enables an operator of a commercial motor	8239
vehicle, in accordance with division (B) of section 4511.121 of	8240
the Revised Code, to bypass a scale location established for the	8241
purpose of determining the weight of the vehicle and its load. The	8242
superintendent shall establish the acceptable types and features	8243
of such devices. The rules of the superintendent also shall	8244
establish a method for a peace officer to determine that the	8245
device and its use are in compliance with this section and the	8246
rules of the superintendent.	8247

(B) No person shall use an electronic clearance device if the	8248
device or its use is not in compliance with rules of the	8249
superintendent.	8250

(C) Whoever violates division (B) of this section is guilty	8251
of a misdemeanor of the fourth degree on a first offense and a	8252
misdemeanor of the third degree on each subsequent offense.	8253

Sec. 4738.05. At the time the registrar of motor vehicles	8254
grants the application of any person for a license under this	8255
chapter, hethe registrar shall issue to the person a license that	8256
shall have provisional status for a period of one hundred eighty	8257
days from the date of issuance. At the end of that period and	8258
subject to the results of the inspection described in section	8259
4738.071 of the Revised Code of the place of business of the	8260
license holder, the license either shall be revoked or shall	8261
remain valid and no longer have provisional status. The registrar	8262
shall prescribe forms for licenses, and all licenses shall include	8263
the name and post office address of the person licensed.	8264

The fee for a motor vehicle salvage dealer's license, a	8265
salvage motor vehicle auction license, or a salvage motor vehicle	8266
pool license shall be ~~fifty~~one hundred dollars. In all cases the	8267
fee shall accompany the application for license.	8268

If a licensee has more than one place of business in the	8269
county, hethe licensee shall make application, in a form as the	8270
registrar prescribes, for a certified copy of the license issued	8271
to the person for each place of business operated. In the event of	8272
the loss, mutilation, or destruction of a license issued under	8273
sections 4738.01 to 4738.16 of the Revised Code, any licensee may	8274
make application to the registrar, in a form as the registrar	8275
prescribes, for a duplicate copy thereof. The fee for a certified	8276
or duplicate copy of a license is one dollar. All fees for copies	8277
shall accompany the applications.	8278

~~All~~Beginning on the effective date of this amendment, all	8279
licenses issued or renewed ~~each year~~ shall expire biennially on	8280
~~the last~~a day ~~of July~~within the two-year license cycle that is	8281
prescribed by the registrar, unless sooner suspended or revoked,	8282
~~and~~. Before the first day after the day prescribed by the	8283
registrar in the year that the license expires, each motor vehicle	8284
salvage dealer, salvage motor vehicle auction, or salvage motor	8285
vehicle pool ~~licensed during any year shall, before the first day~~	8286
~~of August each~~in the year in which the license will expire, shall	8287
file an application, in a form as the registrar prescribes, for	8288
the renewal of the license. The fee provided in this section for	8289
the original license shall accompany the application.	8290

Sec. 4738.18. (A) Any person licensed under division (A) of	8291
section 4738.03 of the Revised Code who wishes to purchase salvage	8292
motor vehicles at salvage motor vehicle auctions or salvage motor	8293
vehicle pools shall make application to the registrar of motor	8294
vehicles for a buyer's identification card. The application shall	8295
be on a form prescribed by the registrar and shall contain the	8296
applicant's name, principal business address, the license number	8297
under which the applicant will be making purchases, and such other	8298
information as the registrar requires. In lieu of directly	8299
obtaining a buyer's identification card or in addition thereto,	8300
any person licensed under division (A) of section 4738.03 of the	8301
Revised Code may designate up to two employees to act as buyers	8302
for the licensee. The licensee shall make application for a	8303
buyer's identification card for each employee in the same manner	8304
as for a card for the licensee.	8305

(B) The fee for each buyer's identification card shall be ~~ten~~	8306
thirty-five dollars.	8307

(C) Beginning on the effective date of this amendment, each	8308
buyer's identification card shall expire biennially on a day	8309
within the two-year cycle that is prescribed by the registrar,	8310
unless sooner suspended or revoked. Before the first day after the	8311
day prescribed by the registrar in the year that the card expires,	8312
each cardholder shall file an application for renewal of the card,	8313
in a form that the registrar prescribes. A buyer's identification	8314
card is nontransferable. If the holder of a card no longer	8315
possesses a valid salvage motor vehicle dealer's license, or if an	8316
employee of the licensee leaves the employment of the licensee,	8317
the buyer's identification card of that person is invalid and the	8318
holder shall return the card to the registrar.	8319

(D) Any person who holds a valid salvage motor vehicle	8320
dealer's license from another state that imposes qualifications	8321
and requirements with respect to the license that are equivalent	8322
to those required by Chapter 4738. of the Revised Code may make	8323
application and receive a buyer's identification card. The person	8324
shall make application to the registrar who shall, based upon ~~his~~	8325
the registrar's investigation, issue a buyer's identification card	8326
to those applicants who the registrar determines are qualified.	8327

(E) All applicants for a buyer's identification card must be	8328
of good financial repute and not have been convicted of a felony	8329
as verified by a report from a law enforcement agency and credit	8330
report furnished to the registrar by the applicant.	8331

(F) The registrar may revoke or suspend the license of any	8332
salvage motor vehicle dealer who allows ~~his~~the dealer's card or	8333
the card of any employee to be used by any unauthorized person.	8334

Sec. 4738.19. The state, through the registrar of motor	8335
vehicles, in accordance with this chapter, is the sole regulator	8336
for the registration, licensing, and regulation of motor vehicle	8337
salvage dealers.	8338

This section does not preempt the enforcement by local	8339
authorities of local zoning, health, or safety codes or laws.	8340

Sec. 4749.02. The ~~department~~director of ~~commerce~~public	8341
safety shall administer this chapter ~~through the division of real~~	8342
~~estate and professional licensing~~, and for that purpose, ~~the~~	8343
~~superintendent of real estate and professional licensing~~ may	8344
appoint ~~such~~ employees and adopt ~~such~~ rules asthat the	8345
~~superintendent~~director considers necessary.	8346

Sec. 4749.021. (A) There is hereby created the Ohio private	8347
investigation and security services commission, consisting of the	8348
director of public safety or the director's designee, who shall be	8349
a nonvoting member; the superintendent of the highway patrol or	8350
the superintendent's designee, who shall be a voting member; and	8351
twelve members appointed by the governor with the advice and	8352
consent of the senate, as follows:	8353

(1) Three members shall be owners or operators of a business	8354
that maintains a class A license and shall have at least five	8355
years' experience in this state in the business of private	8356
investigation or security services.	8357

(2) One member shall be an owner or operator of a business	8358
that maintains a class B license and shall have at least five	8359
years' experience in this state in the business of private	8360
investigation or security services.	8361

(3) One member shall be an owner or operator of a business	8362
that maintains a class C license and shall have at least five	8363
years' experience in this state in the business of private	8364
investigation or security services.	8365

(4) Two members shall be owners or operators of a business	8366
that maintains a class A, B, or C license and shall have at least	8367
five years' experience in this state in the business of private	8368
investigation or security services.	8369

(5) One member shall be an incumbent chief of police.

8370

(6) One member shall be an active law enforcement officer,	8371
not above the rank of lieutenant.	8372

(7) One member shall be an incumbent sheriff.

8373

(8) Two members shall be representatives of the general	8374
public who have never had a direct employment relationship with	8375
any class A, B, or C licensee.	8376

(B)(1) The governor shall make initial appointments to the	8377
commission by January 1, 2005, and the commission shall hold its	8378
first meeting, at the call of the director of public safety, in	8379
January 2005. Of the initial appointments made to the commission,	8380
three shall be for a term ending December 31, 2005, three shall be	8381
for a term ending December 31, 2006, three shall be for a term	8382
ending December 31, 2007, and three shall be for a term ending	8383
December 31, 2008. Thereafter, terms of office shall be for five	8384
years, with each term ending on the same day of the same month as	8385
did the term that it succeeds. Each member shall hold office from	8386
the date of appointment until the end of the term for which the	8387
member was appointed. Members may be reappointed, but may serve	8388
not more than two complete consecutive five-year terms. Vacancies	8389
shall be filled in the manner provided for original appointments.	8390
Any member appointed to fill a vacancy occurring before the	8391
expiration date of the term for which the member's predecessor was	8392
appointed shall hold office as a member for the remainder of that	8393
term. A member shall continue in office subsequent to the	8394
expiration of the member's term until the member's successor takes	8395
office or until a period of sixty days has elapsed, whichever	8396
occurs first. The governor, after notice and the opportunity for a	8397
hearing, may remove any appointed member for misfeasance,	8398
malfeasance, or nonfeasance.	8399

(2) Ninety days before the expiration of a member's term, or	8400
in the event of a vacancy, the Ohio association of security and	8401
investigation services may submit names to the governor for	8402
consideration of appointment to the commission.	8403

(C) The commission shall advise the director of public safety	8404
on all matters related to the regulation of private investigation	8405
and the business of security services and on all matters related	8406
to this chapter. The commission shall advise the director on the	8407
format, content, and all other aspects of all private	8408
investigation and security services licensure examinations.	8409

(D) In accordance with Chapter 119. of the Revised Code, the	8410
department may establish rules on behalf of the commission.	8411

(E) The commission shall meet not less than four times each	8412
year. It also shall meet upon the call of the chairperson, upon	8413
the request of five members, or at the request of the director of	8414
public safety or the director's designee.	8415

(F) At the first regular meeting of each year, which shall be	8416
called by the chairperson, the members shall elect a chairperson	8417
and a vice-chairperson by a majority vote, and also shall	8418
establish its meeting schedule for the remainder of the year. The	8419
chairperson and vice-chairperson shall serve until their	8420
successors are elected. No member may serve as chairperson more	8421
than three times during a five-year term. The chairperson shall	8422
preside over the commission's meetings, shall set the meeting	8423
agenda, and shall serve as the commission's chief spokesperson and	8424
liaison to the department of public safety. The chairperson or	8425
vice-chairperson shall approve all vouchers of the commission.	8426
Subject to the commission's approval, the chairperson may appoint	8427
committees to assist the commission. Committee members may be	8428
members of the commission. The vice-chairperson shall exercise the	8429
duties of the chairperson when the chairperson is not available.	8430

(G) A quorum of seven appointed members is necessary for a	8431
meeting to convene or continue. All actions of the commission	8432
shall be by a majority of the members present. Members may not	8433
participate or vote by proxy. In accordance with Chapter 121. of	8434
the Revised Code, at least fourteen days before a regular meeting	8435
and twenty-four hours before a special meeting, the chairperson	8436
shall notify all members of the commission in writing of the	8437
agenda. Upon a timely request, any member of the commission may	8438
have an item added to the commission's agenda.	8439

(H) Each member of the commission shall receive the member's	8440
necessary expenses incurred in the performance of official duties,	8441
including travel, hotel, and other necessary expenses. Members of	8442
any special committee, which may be appointed by the commission to	8443
assist it, who are not members of the commission also may receive	8444
necessary expenses.	8445

(I) The department of public safety shall provide the	8446
commission with suitable office and meeting space and necessary	8447
technical, clerical, and administrative support. The department	8448
shall serve as the official repository of the commission's	8449
records. Expenses of the commission shall be paid from the private	8450
investigator and security guard provider fund created in section	8451
4749.07 of the Revised Code.	8452

(J) In the absence of fraud or bad faith, the commission, a	8453
current or former commission member, or an agent, representative,	8454
or employee of the commission is not liable in damages to any	8455
person because of any act, omission, proceeding, or decision	8456
related to official duties.	8457

Sec. 4749.03. (A)(1) Any individual, including a partner in	8458
a partnership, may be licensed as a private investigator under a	8459
class B license, or as a security guard provider under a class C	8460
license, or as a private investigator and a security guard	8461
provider under a class A license, if the individual meets all of	8462
the following requirements:	8463

(a) Has a good reputation for integrity, has not been	8464
convicted of a felony within the last twenty years or any offense	8465
involving moral turpitude, and has not been adjudicated	8466
incompetent for the purpose of holding the license, as provided in	8467
section 5122.301 of the Revised Code, without having been restored	8468
to legal capacity for that purpose.	8469

(b) Depending upon the class of license for which application	8470
is made, for a continuous period of at least two years immediately	8471
preceding application for a license, has been engaged in	8472
investigatory or security services work for a law enforcement or	8473
other public agency engaged in investigatory activities, or for a	8474
private investigator or security guard provider, or engaged in the	8475
practice of law, or has acquired equivalent experience as	8476
determined by rule of the director of ~~commerce~~public safety.	8477

(c) Demonstrates competency as a private investigator or	8478
security guard provider by passing an examination devised for this	8479
purpose by the director, except that any individually licensed	8480
person who qualifies a corporation for licensure shall not be	8481
required to be reexamined if the person qualifies the corporation	8482
in the same capacity that the person was individually licensed.	8483

(d) Submits evidence of comprehensive general liability	8484
insurance coverage, or other equivalent guarantee approved by the	8485
director in such form and in principal amounts satisfactory to the	8486
director, but not less than one hundred thousand dollars for each	8487
person and three hundred thousand dollars for each occurrence for	8488
bodily injury liability, and one hundred thousand dollars for	8489
property damage liability.	8490

(e) Pays the requisite examination and license fees.

8491

(2) A corporation may be licensed as a private investigator	8492
under a class B license, or as a security guard provider under a	8493
class C license, or as a private investigator and a security guard	8494
provider under a class A license, if an application for licensure	8495
is filed by an officer of the corporation and the officer, another	8496
officer, or the qualifying agent of the corporation satisfies the	8497
requirements of divisions (A)(1) and (F)(1) of this section.	8498
Officers and the statutory agent of a corporation shall be	8499
determined in accordance with Chapter 1701. of the Revised Code.	8500

(3) At least one partner in a partnership shall be licensed	8501
as a private investigator, or as a security guard provider, or as	8502
a private investigator and a security guard provider. Partners in	8503
a partnership shall be determined as provided for in Chapter 1775.	8504
of the Revised Code.	8505

(B) Application for a class A, B, or C license shall be in	8506
writing, under oath, to the director. In the case of an	8507
individual, the application shall state the applicant's name,	8508
birth date, citizenship, physical description, current residence,	8509
residences for the preceding ten years, current employment,	8510
employment for the preceding seven years, experience	8511
qualifications, the location of each of the applicant's offices in	8512
this state, and any other information that is necessary in order	8513
for the director to comply with the requirements of this chapter.	8514
In the case of a corporation, the application shall state the name	8515
of the officer or qualifying agent filing the application; the	8516
state in which the corporation is incorporated and the date of	8517
incorporation; the states in which the corporation is authorized	8518
to transact business; the name of its qualifying agent; the name	8519
of the officer or qualifying agent of the corporation who	8520
satisfies the requirements of divisions (A)(1) and (F)(1) of this	8521
section and the birth date, citizenship, physical description,	8522
current residence, residences for the preceding ten years, current	8523
employment, employment for the preceding seven years, and	8524
experience qualifications of that officer or qualifying agent; and	8525
other information that the director requires. A corporation may	8526
specify in its application information relative to one or more	8527
individuals who satisfy the requirements of divisions (A)(1) and	8528
(F)(1) of this section.	8529

The application described in this division shall be	8530
accompanied by all of the following:	8531

(1) One recent full-face photograph of the applicant or, in	8532
the case of a corporation, of each officer or qualifying agent	8533
specified in the application as satisfying the requirements of	8534
divisions (A)(1) and (F)(1) of this section;	8535

(2) One complete set of the applicant's fingerprints or, in	8536
the case of a corporation, of the fingerprints of each officer or	8537
qualifying agent specified in the application as satisfying the	8538
requirements of divisions (A)(1) and (F)(1) of this section;	8539

(3) Character references from at least five reputable	8540
citizens for the applicant or, in the case of a corporation, for	8541
each officer or qualifying agent specified in the application as	8542
satisfying the requirements of divisions (A)(1) and (F)(1) of this	8543
section, each of whom has known the applicant, officer, or	8544
qualifying agent for at least five years preceding the	8545
application, and none of whom are connected with the applicant,	8546
officer, or qualifying agent by blood or marriage;	8547

(4) An examination fee of twenty-five dollars for the	8548
applicant or, in the case of a corporation, for each officer or	8549
qualifying agent specified in the application as satisfying the	8550
requirements of divisions (A)(1) and (F)(1) of this section, and a	8551
license fee of two hundred fifty dollars. The license fee shall be	8552
refunded if a license is not issued.	8553

(C) Upon receipt of the application and accompanying matter	8554
described in division (B) of this section, the director shall	8555
forward to the bureau of criminal identification and investigation	8556
a request that it make an investigation of the applicant or, in	8557
the case of a corporation, each officer or qualifying agent	8558
specified in the application as satisfying the requirements of	8559
divisions (A)(1) and (F)(1) of this section, to determine whether	8560
the applicant, officer, or qualifying agent meets the requirements	8561
of division (A)(1)(a) of this section. If the director determines	8562
that the applicant, officer, or qualifying agent meets the	8563
requirements of divisions (A)(1)(a), (b), and (d) of this section	8564
and that an officer or qualifying agent meets the requirement of	8565
division (F)(1) of this section, the director shall notify the	8566
applicant, officer, or agent of the time and place for the	8567
examination. If the director determines that an applicant does not	8568
meet the requirements of divisions (A)(1)(a), (b), and (d) of this	8569
section, the director shall notify the applicant that the	8570
applicant's application is refused and refund the license fee. If	8571
the director determines that none of the individuals specified in	8572
the application of a corporation as satisfying the requirements of	8573
divisions (A)(1) and (F)(1) of this section meet the requirements	8574
of divisions (A)(1)(a), (b), and (d) and (F)(1) of this section,	8575
the director shall notify the corporation that its application is	8576
refused and refund the license fee. If the director requests an	8577
investigation of any applicant, officer, or qualifying agent and	8578
if the bureau assesses the director a fee for the investigation,	8579
the director, in addition to any other fee assessed pursuant to	8580
this chapter, may assess the applicant, officer, or qualifying	8581
agent, as appropriate, a fee that is equal to the fee assessed by	8582
the bureau.	8583

(D) If upon application, investigation, and examination, the	8584
director finds that the applicant or, in the case of a	8585
corporation, any officer or qualifying agent specified in the	8586
application as satisfying the requirements of divisions (A)(1) and	8587
(F)(1) of this section, meets the applicable requirements, the	8588
director shall issue the applicant or the corporation a class A,	8589
B, or C license. The director also shall issue an identification	8590
card to an applicant, but not an officer or qualifying agent of a	8591
corporation, who meets the applicable requirements an	8592
~~identification card~~. The license and identification card shall	8593
state the licensee's name, the classification of the license, the	8594
location of the licensee's principal place of business in this	8595
state, and the expiration date of the license, and, in the case of	8596
a corporation, it also shall state the name of each officer or	8597
qualifying agent who satisfied the requirements of divisions	8598
(A)(1) and (F)(1) of this section.	8599

Licenses expire on the first day of March following the date	8600
of initial issue, and on the first day of March of each year	8601
thereafter. Renewals shall be according to the standard renewal	8602
procedures contained in Chapter 4745. of the Revised Code, upon	8603
payment of a renewal fee of two hundred fifty dollars. No license	8604
shall be renewed if the licensee or, in the case of a corporation,	8605
each officer or qualifying agent who qualified the corporation for	8606
licensure no longer meets the applicable requirements of this	8607
section. No license shall be renewed unless the licensee provides	8608
evidence of workers' compensation risk coverage and unemployment	8609
compensation insurance coverage, other than for clerical employees	8610
and excepting sole proprietors who are exempted therefrom, as	8611
provided for in Chapters 4123. and 4141. of the Revised Code,	8612
respectively, as well as the licensee's state tax identification	8613
number. No reexamination shall be required for renewal of a	8614
current license.	8615

For purposes of this chapter, a class A, B, or C license	8616
issued to a corporation shall be considered as also having	8617
licensed the individuals who qualified the corporation for	8618
licensure, for as long as they are associated with the	8619
corporation.	8620

For purposes of this division, "sole proprietor" means an	8621
individual licensed under this chapter who does not employ any	8622
other individual.	8623

(E) The director may issue a duplicate copy of a license	8624
issued under this section for the purpose of replacement of a	8625
lost, spoliated, or destroyed license, upon payment of a fee fixed	8626
by the director, not exceeding twenty-five dollars. Any change in	8627
license classification requires new application and application	8628
fees.	8629

(F)(1) In order to qualify a corporation for a class A, B, or	8630
C license, an officer or qualifying agent may qualify another	8631
corporation for similar licensure, provided that the officer or	8632
qualifying agent is actively engaged in the business of both	8633
corporations.	8634

(2) Each officer or qualifying agent who qualifies a	8635
corporation for class A, B, or C licensure shall surrender any	8636
personal license of a similar nature that the officer or	8637
qualifying agent possesses.	8638

(3) Upon written notification to the director, completion of	8639
an application similar to that for original licensure, surrender	8640
of the corporation's current license, and payment of a twenty-five	8641
dollar fee, a corporation's class A, B, or C license may be	8642
transferred to another corporation.	8643

(4) Upon written notification to the director, completion of	8644
an application similar to that for an individual seeking class A,	8645
B, or C licensure, payment of a twenty-five dollar fee, and, if	8646
the individual was the only individual that qualified a	8647
corporation for licensure, surrender of the corporation's license,	8648
any officer or qualifying agent who qualified a corporation for	8649
licensure under this chapter may obtain a similar license in the	8650
individual's own name without reexamination. A request by an	8651
officer or qualifying agent for an individual license shall not	8652
affect a corporation's license unless the individual is the only	8653
individual that qualified the corporation for licensure or all the	8654
other individuals who qualified the corporation for licensure	8655
submit such requests.	8656

(G) If a corporation is for any reason no longer associated	8657
with an individual who qualified it for licensure under this	8658
chapter, an officer of the corporation shall notify the director	8659
of that fact by certified mail, return receipt requested, within	8660
ten days after the association terminates. If the notification is	8661
so given, the individual was the only individual that qualified	8662
the corporation for licensure, and the corporation submits the	8663
name of another officer or qualifying agent to qualify the	8664
corporation for the license within thirty days after the	8665
association terminates, the corporation may continue to operate in	8666
the business of private investigation, the business of security	8667
services, or both businesses in this state under that license for	8668
ninety days after the association terminates. If the officer or	8669
qualifying agent whose name is so submitted satisfies the	8670
requirements of divisions (A)(1) and (F)(1) of this section, the	8671
director shall issue a new license to the corporation within that	8672
ninety-day period. The names of more than one individual may be so	8673
submitted.	8674

Sec. 4749.04. (A) The director of ~~commerce~~public safety may	8675
revoke, suspend, or refuse to renew, when a renewal form has been	8676
submitted, the license of any private investigator or security	8677
guard provider, or the registration of any employee of a private	8678
investigator or security guard provider, for any of the following:	8679

(1) Violation of any of the provisions of division (B) or (C)	8680
of section 4749.13 of the Revised Code;	8681

(2) Conviction of a felony or a crime involving moral	8682
turpitude;	8683

(3) Violation of any rule of the director governing private	8684
investigators, the business of private investigation, security	8685
guard providers, or the business of security services;	8686

(4) Testifying falsely under oath, or suborning perjury, in	8687
any judicial proceeding;	8688

(5) Failure to satisfy the requirements specified in division	8689
(D) of section 4749.03 of the Revised Code.	8690

Any person whose license or registration is revoked,	8691
suspended, or not renewed when a renewal form is submitted may	8692
appeal in accordance with Chapter 119. of the Revised Code.	8693

(B) In lieu of suspending, revoking, or refusing to renew the	8694
class A, B, or C license, or of suspending, revoking, or refusing	8695
to renew the registration of an employee of a class A, B, or C	8696
licensee, the director ~~of commerce~~ may impose a civil penalty of	8697
not more than one hundred dollars for each calendar day of a	8698
violation of any of the provisions of this section or of division	8699
(B) or (C) of section 4749.13 of the Revised Code or of a	8700
violation of any rule of the director governing private	8701
investigators, the business of private investigation, security	8702
guard providers, or the business of security services.	8703

Sec. 4749.05. (A) Each class A, B, or C licensee shall	8704
report the location of branch offices to the department of	8705
~~commerce~~public safety, and to the sheriff of the county and the	8706
police chief of any municipal corporation in which the office is	8707
located, and shall post a branch office license conspicuously in	8708
that office. Application for a branch office license shall be made	8709
on a form prescribed by the director of ~~commerce~~public safety,	8710
and a license shall be issued upon receipt of the form and payment	8711
of a fee fixed by the director, not exceeding one hundred dollars.	8712
If a licensee moves an office, hethe licensee shall notify, in	8713
writing, the department of ~~commerce~~public safety and any affected	8714
sheriff and chief of police within forty-eight hours of the	8715
change.	8716

This division does not apply to a licensed private	8717
investigator who is engaging in the business of private	8718
investigation as a registered employee of a licensed private	8719
investigator.	8720

(B) NoPursuant to Chapter 119. of the Revised Code, the	8721
director of public safety shall adopt rules regarding when a class	8722
A, B, or C licensee, or any of ~~his~~such a licensee's employees,	8723
~~shall engage in the business of private investigation or the~~	8724
~~business of security services unless, within twelve hours of his~~	8725
~~arrival, he reports his~~is required to report the licensee's or	8726
employee's presence and length of stay to the sheriff and police	8727
chief of any county or municipal corporation in which hethe	8728
licensee or employee operates. The rules shall include reporting	8729
requirements for licenses or employees conducting fraud	8730
investigations or physical surveillance.	8731

Sec. 4749.06. (A) Each class A, B, or C licensee shall	8732
register the licensee's investigator or security guard employees,	8733
with the department of ~~commerce~~public safety, which shall	8734
maintain a record of each licensee and registered employee and	8735
make it available, upon request, to any law enforcement agency.	8736
The class A, B, or C licensee shall file an application to	8737
register a new employee no sooner than three days nor later than	8738
seven calendar days after the date on which the employee is hired.	8739

(B)(1) Each employee's registration application shall be	8740
accompanied by one complete set of the employee's fingerprints,	8741
one recent photograph of the employee, the employee's physical	8742
description, and an eighteen-dollar registration fee.	8743

(2) If the director of public safety requests the bureau of	8744
criminal identification and investigation to conduct an	8745
investigation of a licensee's employee and if the bureau assesses	8746
the director a fee for the investigation, the director, in	8747
addition to any other fee assessed pursuant to this chapter, may	8748
assess the licensee a fee that is equal to the fee assessed by the	8749
bureau. If, after investigation, the bureau finds that the	8750
employee has not been convicted of a felony within the last twenty	8751
years, the director shall issue to the employee an identification	8752
card bearing the license number and signature of the licensee,	8753
which in the case of a corporation shall be the signature of its	8754
president or its qualifying agent, and containing the employee's	8755
name, address, age, physical description, and right thumb print or	8756
other identifying mark as the director prescribes, a recent	8757
photograph of the employee, and the employee's signature. The	8758
director may issue a duplicate of a lost, spoliated, or destroyed	8759
identification card issued under this section, upon payment of a	8760
fee fixed by the director, not exceeding five dollars.	8761

(C) Except as provided in division (E) of this section, no	8762
class A, B, or C licensee shall permit an employee, other than an	8763
individual who qualified a corporation for licensure, to engage in	8764
the business of private investigation, the business of security	8765
services, or both businesses until the employee receives an	8766
identification card from the department, except that pending the	8767
issuance of an identification card, a class A, B, or C licensee	8768
may offer for hire security guard or investigator employees	8769
provided the licensee obtains a waiver from the person who	8770
receives, for hire, security guard or investigative services,	8771
acknowledging that the person is aware the employees have not	8772
completed their registration and agreeing to their employment.	8773

(D) If a class A, B, or C licensee, or a registered employee	8774
of a class A, B, or C licensee, intends to carry a firearm, as	8775
defined in section 2923.11 of the Revised Code, in the course of	8776
engaging in the business or employment, the licensee or registered	8777
employee shall satisfactorily complete a firearms basic training	8778
program that includes twenty hours of handgun training and five	8779
hours of training in the use of other firearms, if any other	8780
firearm is to be used, or equivalency training, if authorized, or	8781
shall be a former peace officer who previously had successfully	8782
completed a firearms training course, shall receive a certificate	8783
of satisfactory completion of that program or written evidence of	8784
approval of the equivalency training, shall file an application	8785
for registration, shall receive a firearm-bearer notation on the	8786
licensee's or registered employee's identification card, and shall	8787
annually requalify on a firearms range, all as described in	8788
division (A) of section 4749.10 of the Revised Code. A private	8789
investigator, security guard provider, or employee is authorized	8790
to carry a firearm only in accordance with that division.	8791

(E) This section does not apply to commissioned peace	8792
officers, as defined in division (B) of section 2935.01 of the	8793
Revised Code, working for, either as an employee or independent	8794
contractor, a class A, B, or C licensee. For purposes of this	8795
chapter, a commissioned peace officer is an employee exempt from	8796
registration.	8797

Sec. 4749.07. (A) After refund of any license fees as	8798
required by section 4749.03 of the Revised Code, the department of	8799
~~commerce~~public safety shall pay all fees received pursuant to	8800
this chapter to the treasurer of state, to be credited to the	8801
private investigator and security guard provider fund, which is	8802
hereby created.	8803

(B) Moneys received in payment of fines levied pursuant to	8804
section 4749.99 of the Revised Code shall be distributed as	8805
follows:	8806

(1) One-third to the general fund of the municipal	8807
corporation or township in which the prosecution occurs;	8808

(2) One-third to the general fund of the county in which the	8809
prosecution occurs;	8810

(3) One-third to the private investigator and security guard	8811
provider fund.	8812

Sec. 4749.08. (A) No class A, B, or C licensee, or	8813
registered employee of a class A, B, or C licensee shall be	8814
considered, because of licensure or registration under this	8815
chapter, a law enforcement officer for any purpose. Nothing in	8816
this chapter shall be construed as granting the right to carry a	8817
concealed weapon.	8818

(B) The rules of the department of ~~commerce~~public safety	8819
adopted for the administration of this chapter shall include	8820
provisions to assure that any uniform or identification card shall	8821
be so designed as to avoid confusion of a private investigator,	8822
security guard provider, or registered employee with any law	8823
enforcement officer in this state.	8824

Sec. 4749.10. (A) No class A, B, or C licensee and no	8825
registered employee of a class A, B, or C licensee shall carry a	8826
firearm, as defined in section 2923.11 of the Revised Code, in the	8827
course of engaging in the business of private investigation, the	8828
business of security services, or both businesses, unless all of	8829
the following apply:	8830

(1) The licensee or employee either has successfully	8831
completed a basic firearm training program at a training school	8832
approved by the Ohio peace officer training commission, which	8833
program includes twenty hours of training in handgun use and, if	8834
any firearm other than a handgun is to be used, five hours of	8835
training in the use of other firearms, and has received a	8836
certificate of satisfactory completion of that program from the	8837
executive director of the commission; the licensee or employee	8838
has, within three years prior to November 27, 1985, satisfactorily	8839
completed firearms training that has been approved by the	8840
commission as being equivalent to such a program and has received	8841
written evidence of approval of that training from the executive	8842
director of the commission; or the licensee or employee is a	8843
former peace officer, as defined in section 109.71 of the Revised	8844
Code, who previously had successfully completed a firearms	8845
training course at a training school approved by the Ohio peace	8846
officer training commission and has received a certificate or	8847
other evidence of satisfactory completion of that course from the	8848
executive director of the commission.	8849

(2) The licensee or employee submits an application to the	8850
director of ~~commerce~~public safety, on a form prescribed by the	8851
director, in which the licensee or employee requests registration	8852
as a class A, B, or C licensee or employee who may carry a	8853
firearm. The application shall be accompanied by a copy of the	8854
certificate or the written evidence or other evidence described in	8855
division (A)(1) of this section, the identification card issued	8856
pursuant to section 4749.03 or 4749.06 of the Revised Code if one	8857
has previously been issued, a statement of the duties that will be	8858
performed while the licensee or employee is armed, and a fee of	8859
ten dollars. In the case of a registered employee, the statement	8860
shall be prepared by the employing class A, B, or C licensee.	8861

(3) The licensee or employee receives a notation on the	8862
licensee's or employee's identification card that the licensee or	8863
employee is a firearm-bearer and carries the identification card	8864
whenever the licensee or employee carries a firearm in the course	8865
of engaging in the business of private investigation, the business	8866
of security services, or both businesses.	8867

(4) At any time within the immediately preceding twelve-month	8868
period, the licensee or employee has requalified in firearms use	8869
on a firearms training range at a firearms requalification program	8870
certified by the Ohio peace officer training commission or on a	8871
firearms training range under the supervision of an instructor	8872
certified by the commission and has received a certificate of	8873
satisfactory requalification from the certified program or	8874
certified instructor, provided that this division does not apply	8875
to any licensee or employee prior to the expiration of eighteen	8876
months after the licensee's or employee's completion of the	8877
program described in division (A)(1) of this section. A	8878
certificate of satisfactory requalification is valid and remains	8879
in effect for twelve months from the date of the requalification.	8880

(5) If division (A)(4) of this section applies to the	8881
licensee or employee, the licensee or employee carries the	8882
certificate of satisfactory requalification that then is in effect	8883
or any other evidence of requalification issued or provided by the	8884
director.	8885

(B)(1) The director of ~~commerce~~public safety shall register	8886
an applicant under division (A) of this section who satisfies	8887
divisions (A)(1) and (2) of this section, and place a notation on	8888
the applicant's identification card indicating that the applicant	8889
is a firearm-bearer and the date on which the applicant completed	8890
the program described in division (A)(1) of this section.	8891

(2) A firearms requalification training program or instructor	8892
certified by the commission for the annual requalification of	8893
class A, B, or C licensees or employees who are authorized to	8894
carry a firearm under section 4749.10 of the Revised Code shall	8895
award a certificate of satisfactory requalification to each class	8896
A, B, or C licensee or registered employee of a class A, B, or C	8897
licensee who satisfactorily requalifies in firearms training. The	8898
certificate shall identify the licensee or employee and indicate	8899
the date of the requalification. A licensee or employee who	8900
receives such a certificate shall submit a copy of it to the	8901
director of ~~commerce~~public safety. A licensee shall submit the	8902
copy of the requalification certificate at the same time that the	8903
licensee makes application for renewal of the licensee's class A,	8904
B, or C license. The director shall keep a record of all copies of	8905
requalification certificates the director receives under this	8906
division and shall establish a procedure for the updating of	8907
identification cards to provide evidence of compliance with the	8908
annual requalification requirement. The procedure for the updating	8909
of identification cards may provide for the issuance of a new card	8910
containing the evidence, the entry of a new notation containing	8911
the evidence on the existing card, the issuance of a separate card	8912
or paper containing the evidence, or any other procedure	8913
determined by the director to be reasonable. Each person who is	8914
issued a requalification certificate under this division promptly	8915
shall pay to the Ohio peace officer training commission	8916
established by section 109.71 of the Revised Code a fee of five	8917
dollars, which fee shall be transmitted to the treasurer of state	8918
for deposit in the peace officer private security fund established	8919
by section 109.78 of the Revised Code.	8920

(C) Nothing in this section prohibits a private investigator	8921
or a security guard provider from carrying a concealed handgun if	8922
the private investigator or security guard provider complies with	8923
sections 2923.124 to 2923.1213 of the Revised Code.	8924

Sec. 4749.11. (A) The director of ~~commerce~~public safety may	8925
investigate any applicant for a class A, B, or C license, any	8926
principal officer or qualifying agent of a corporation who is	8927
specified in an application for licensure as satisfying the	8928
requirements of divisions (A)(1) and (F)(1) of section 4749.03 of	8929
the Revised Code, and any employee of a class A, B, or C licensee	8930
who seeks to be registered under section 4749.06 of the Revised	8931
Code to determine whether the individual satisfies the applicable	8932
requirements for licensure or registration.	8933

(B) The director ~~of commerce~~ may investigate, on ~~his~~the	8934
director's own initiative, the actions or proposed actions of a	8935
class A, B, or C licensee, or registered employee of a class A, B,	8936
or C licensee to determine whether the person is, has been, or	8937
will be in violation of section 4749.13 of the Revised Code. The	8938
director shall investigate any of these persons if a verified	8939
written complaint is filed indicating that a person has violated,	8940
or is or will be violating, section 4749.13 of the Revised Code,;	8941
the complaint is supported by evidence submitted with it,; and the	8942
director determines that a prima-facie case exists that a	8943
violation of that section is being, has been, or will be committed	8944
by the person.	8945

(C) The director ~~of commerce~~ may investigate, on ~~his~~the	8946
director's own initiative, the actions or proposed actions of a	8947
person who is not licensed or registered under this chapter and	8948
who appears to be acting as a class A, B, or C licensee, or	8949
employee of a class A, B, or C licensee. The director shall	8950
investigate such a person if a verified written complaint is filed	8951
indicating that a person was, is, or will be acting as a class A,	8952
B, or C licensee or employee of a class A, B, or C licensee but is	8953
not licensed or registered as such under this chapter,; the	8954
complaint is supported by evidence that is submitted with it,; and	8955
the director determines that a prima-facie case exists that the	8956
person was, is, or will be acting in the alleged manner.	8957

(D) In connection with investigations under divisions (B) and	8958
(C) of this section, the director ~~of commerce~~ may file an action	8959
with the court of common pleas of Franklin county or the court of	8960
common pleas of the county in which the person who is the subject	8961
of the investigation resides, is engaging in actions, or proposing	8962
to engage in actions, to obtain an injunction, restraining order,	8963
or other appropriate relief.	8964

(E) The director ~~of commerce~~ may compel by subpoena witnesses	8965
to appear and testify in relation to investigations under this	8966
chapter and may require by subpoena duces tecum the production of	8967
any book, paper, or document pertaining to an investigation. If a	8968
person does not comply with a subpoena or subpoena duces tecum,	8969
the director ~~of commerce~~ may apply to the court of common pleas of	8970
Franklin county for an order compelling the person to comply with	8971
the subpoena or subpoena duces tecum or, for failure to do so, to	8972
be held in contempt of court.	8973

(F) If, in an investigation under division (C) of this	8974
section, the director determines that a person is not a class A,	8975
B, or C licensee, or a registered employee of a class A, B, or C	8976
licensee, and that the person was, is, or will be acting in the	8977
alleged manner, the director may issue an order to the person to	8978
show cause why hethe person should not be subject to licensing or	8979
registration under this chapter. The director shall hold a hearing	8980
on the order, and if following the hearing hethe director	8981
determines that the person has engaged, or is or will be engaging,	8982
in activities requiring licensure or registration under this	8983
chapter, hethe director may issue a cease and desist order that	8984
shall describe the person and the activities that are the subject	8985
of it. The cease and desist order is enforceable in and may be	8986
appealed to a court of common pleas pursuant to Chapter 119. of	8987
the Revised Code.	8988

(G) In any proceeding or action brought under this chapter,	8989
the burden of proving an exemption from the licensure requirements	8990
of this chapter is on the person claiming the benefit of the	8991
exemption.	8992

Sec. 4749.12. (A) A person who is a resident of another	8993
state,; is licensed as a private investigator, security guard	8994
provider, or as a private investigator and a security guard	8995
provider in another state,; and wishes to engage in the business	8996
of private investigation, the business of security services, or	8997
both businesses in this state, shall be licensed pursuant to	8998
section 4749.03 of the Revised Code, but the director of ~~commerce~~	8999
public safety may waive the examination requirement of that	9000
section and issue a license to a nonresident under the	9001
circumstances described in division (B) of this section.	9002

(B) If a nonresident private investigator, security guard	9003
provider, or private investigator and security guard provider	9004
seeking licensure under this chapter submits with the application	9005
and accompanying matter specified in section 4749.03 of the	9006
Revised Code proof of licensure in another state, and if the	9007
requirements of divisions (A)(1)(a), (b), and (d) and, if	9008
applicable, (F)(1) of section 4749.03 of the Revised Code are	9009
satisfied and the nonresident meets all current requirements of	9010
the laws of the other state regulating the business of private	9011
investigation, the business of security services, or both	9012
businesses, the director ~~of commerce~~ may waive the examination	9013
requirement and fee of that section. This waiver authority may be	9014
exercised only if the director determines that the other state has	9015
a law similar to this division and extends to residents of this	9016
state a similar waiver of examination privilege.	9017

Sec. 4749.13. (A) No person shall engage in the business of	9018
private investigation, the business of security services, or both	9019
businesses in this state unless hethe person is licensed pursuant	9020
to this chapter. Each day of continuing violation constitutes a	9021
separate offense. Nothing in this chapter shall be construed to	9022
require any employee of a class A, B, or C licensee to obtain a	9023
class A, B, or C license, provided that an employee shall be	9024
registered by a licensee when required by section 4749.06 of the	9025
Revised Code. Nothing in this chapter shall be construed to	9026
require a partner to be a class A, B, or C licensee except as	9027
provided in division (A)(3) of section 4749.03 of the Revised	9028
Code. Nothing in this chapter shall be construed to require a	9029
director, officer, or qualifying agent of a corporation to	9030
individually be a class A, B, or C licensee if the corporation is	9031
licensed pursuant to this chapter.	9032

(B) No class A, B, or C licensee, or registered employee of a	9033
class A, B, or C licensee shall:	9034

(1) Knowingly violate any provision of this chapter or any	9035
rule of the director of ~~commerce~~public safety adopted for the	9036
administration of this chapter;	9037

(2) Knowingly make a false report with respect to any matter	9038
with which hethe licensee or registered employee is employed;	9039

(3) Divulge any information acquired from or for a client to	9040
persons other than the client or ~~his~~the client's authorized agent	9041
without express authorization to do so or unless required by law;	9042

(4) Knowingly accept employment which includes obtaining	9043
information intended for illegal purposes.	9044

(C) No person shall knowingly authorize or permit another	9045
person to violate any provision of this chapter or any rule of the	9046
director ~~of commerce~~ adopted for the administration of this	9047
chapter.	9048

(D) No person who is not licensed as a class A, B, or C	9049
licensee shall advertise that hethe person is or otherwise hold	9050
~~himself~~self out as a class A, B, or C licensee. This division	9051
does not prohibit registered employees from indicating in the	9052
course of authorized employment for a class A, B, or C licensee	9053
that they are authorized to engage in investigatory, security	9054
services activities, or both activities.	9055

Sec. 4749.14. On receipt of a notice pursuant to section	9056
3123.43 of the Revised Code, the director of ~~commerce~~public	9057
safety shall comply with sections 3123.41 to 3123.50 of the	9058
Revised Code and any applicable rules adopted under section	9059
3123.63 of the Revised Code with respect to a license issued	9060
pursuant to this chapter.	9061

Sec. 4905.06. The public utilities commission has general	9062
supervision over all public utilities within its jurisdiction as	9063
defined in section 4905.05 of the Revised Code, and may examine	9064
such public utilities and keep informed as to their general	9065
condition, capitalization, and franchises, and as to the manner in	9066
which their properties are leased, operated, managed, and	9067
conducted with respect to the adequacy or accommodation afforded	9068
by their service, the safety and security of the public and their	9069
employees, and their compliance with all laws, orders of the	9070
commission, franchises, and charter requirements. The commission	9071
has general supervision over all other companies referred to in	9072
section 4905.05 of the Revised Code to the extent of its	9073
jurisdiction as defined in that section, and may examine such	9074
companies and keep informed as to their general condition and	9075
capitalization, and as to the manner in which their properties are	9076
leased, operated, managed, and conducted with respect to the	9077
adequacy or accommodation afforded by their service, and their	9078
compliance with all laws and orders of the commission, insofar as	9079
any of such matters may relate to the costs associated with the	9080
provision of electric utility service by public utilities in this	9081
state which are affiliated or associated with such companies. The	9082
commission, through the public utilities commissioners or	9083
inspectors or employees of the commission authorized by it, may	9084
enter in or upon, for purposes of inspection, any property,	9085
equipment, building, plant, factory, office, apparatus, machinery,	9086
device, and lines of any public utility. The power to inspect	9087
includes the power to prescribe any rule or order that the	9088
commission finds necessary for protection of the public safety. In	9089
order to assist the commission in the performance of its duties	9090
under this chapter, authorized employees of the ~~commercial~~ motor	9091
~~vehicle safety~~carrier enforcement unit, created under section	9092
5503.34 of the Revised Code in the division of state highway	9093
patrol, of the department of public safety may enter in or upon,	9094
for inspection purposes, any motor vehicle of any motor	9095
transportation company or private motor carrier as defined in	9096
section 4923.02 of the Revised Code.	9097

In order to inspect motor vehicles owned or operated by a	9098
motor transportation company engaged in the transportation of	9099
persons, authorized employees of the ~~commercial~~ motor ~~vehicle~~	9100
~~safety~~carrier enforcement unit, division of state highway patrol,	9101
of the department of public safety may enter in or upon any	9102
property of any motor transportation company, as defined in	9103
section ~~4913.02~~4921.02 of the Revised Code, engaged in the	9104
intrastate transportation of persons.	9105

Sec. 4919.79. (A) The public utilities commission may adopt	9106
safety rules applicable to the highway transportation and offering	9107
for transportation of hazardous materials in interstate commerce,	9108
which highway transportation takes place into or through this	9109
state.	9110

(B) The commission may adopt safety rules applicable to the	9111
highway transportation of persons or property in interstate	9112
commerce, which transportation takes place into or through this	9113
state.	9114

(C) Rules adopted under divisions (A) and (B) of this section	9115
shall be consistent with, and equivalent in scope, coverage, and	9116
content to, the "Hazardous Materials Transportation Act," 88 Stat.	9117
2156 (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted	9118
under it, and the "Motor Carrier Safety Act of 1984," 98 Stat.	9119
2832, 49 U.S.C.A. 2501, and regulations adopted under it,	9120
respectively. No person shall violate a rule adopted under	9121
division (A) or (B) of this section or any order of the commission	9122
issued to secure compliance with any such rule.	9123

(D) The commission shall cooperate with, and permit the use	9124
of, the services, records, and facilities of the commission as	9125
fully as practicable by appropriate officers of the interstate	9126
commerce commission, the United States department of	9127
transportation, and other federal agencies or commissions and	9128
appropriate commissions of other states in the enforcement and	9129
administration of state and federal laws relating to highway	9130
transportation by motor vehicles. The commission may enter into	9131
cooperative agreements with the interstate commerce commission,	9132
the United States department of transportation, and any other	9133
federal agency or commission to enforce the economic and safety	9134
laws and rules of this state and of the United States concerning	9135
highway transportation by motor vehicles. All grants-in-aid, cash,	9136
and reimbursements received by the commission pursuant to those	9137
cooperative agreements shall be deposited to the credit of the	9138
motor carrier safety fund, which is hereby created in the state	9139
treasury, to be used by the commission for the purpose of carrying	9140
out this section.	9141

(E) To achieve the purposes of this section, the commission	9142
~~may~~, through its inspectors or other authorized employees, may	9143
inspect any vehicles of carriers of persons or property in	9144
interstate commerce subject to the safety rules prescribed by this	9145
section and may enter upon the premises and vehicles of such	9146
carriers to examine any of the carriers' records or documents that	9147
relate to the safety of operation of such carriers. In order to	9148
assist the commission in the performance of its duties under this	9149
section, authorized employees of the ~~commercial~~ motor ~~vehicle~~	9150
~~safety~~carrier enforcement unit, created under section 5503.34 of	9151
the Revised Code in the division of state highway patrol, of the	9152
department of public safety may enter in or upon, for purposes of	9153
inspection, any vehicle of any such carrier.	9154

In order to inspect motor vehicles owned or operated by	9155
private motor carriers of persons, authorized employees of the	9156
~~commercial~~ motor ~~vehicle safety~~carrier enforcement unit, division	9157
of state highway patrol, of the department of public safety may	9158
enter in or upon the premises of any private carrier of persons in	9159
interstate commerce, subject to the safety rules prescribed by	9160
this section.	9161

Sec. 4923.20. (A) As used in this section:

9162

(1) "Private motor carrier" has the same meaning as in	9163
section 4923.02 of the Revised Code, except that it includes only	9164
private motor carriers operating on a not-for-hire basis and	9165
excludes all private motor carriers operating on a for-hire basis.	9166

(2) "Commercial motor vehicle" has the same meaning as in the	9167
"Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C.A. 2701,	9168
as amended, except that "commerce" means trade, traffic, and	9169
transportation solely within this state.	9170

(B) The public utilities commission may adopt and enforce	9171
rules concerning the safety of operation of commercial motor	9172
vehicles by private motor carriers, except that the rules shall	9173
not affect any rights or duties granted to or imposed upon the	9174
operator of such a motor vehicle by Chapter 4511. of the Revised	9175
Code.	9176

(C) The commission may adopt safety rules applicable to the	9177
transportation of hazardous materials by private motor carriers by	9178
means of commercial motor vehicles and applicable to the offering	9179
of hazardous materials for such transportation. The rules shall be	9180
consistent with, and equivalent in scope, coverage, and content	9181
to, the "Hazardous Materials Transportation Act," 88 Stat. 2156	9182
(1975), 49 U.S.C.A. 1801, as amended, and regulations adopted	9183
under it.	9184

(D) To achieve the purposes of this section, the commission	9185
may, through inspectors or other authorized employees, inspect any	9186
motor vehicles of such carriers and may enter upon the premises	9187
and vehicles of the carriers to examine any of the carriers'	9188
records or documents that relate to the safety of operation of	9189
private motor carriers. In order to assist the commission in	9190
performing its duties under this section, authorized employees of	9191
the ~~commercial~~ motor ~~vehicle safety~~carrier enforcement unit,	9192
created under section 5503.34 of the Revised Code in the division	9193
of state highway patrol, of the department of public safety may	9194
enter in or upon, for purposes of inspection, any motor vehicle of	9195
any such carrier.	9196

In order to inspect motor vehicles owned or operated by	9197
private motor carriers engaged in the transportation of persons,	9198
authorized employees of the ~~commercial~~ motor ~~vehicle safety~~	9199
carrier enforcement unit, division of state highway patrol, of the	9200
department of public safety may enter in or upon the premises of	9201
any private motor carrier engaged in the intrastate transportation	9202
of persons.	9203

(E) No private motor carrier or person offering hazardous	9204
materials for transportation by private motor carrier shall fail	9205
to comply with any order, decision, or rule adopted under this	9206
section or any order of the commission issued to secure compliance	9207
with any such rule.	9208

Sec. 5502.01. (A) The department of public safety shall	9209
administer and enforce the laws relating to the registration,	9210
licensing, sale, and operation of motor vehicles and the laws	9211
pertaining to the licensing of drivers of motor vehicles.	9212

The department shall compile, analyze, and publish statistics	9213
relative to motor vehicle accidents and the causes of them,	9214
prepare and conduct educational programs for the purpose of	9215
promoting safety in the operation of motor vehicles on the	9216
highways, and conduct research and studies for the purpose of	9217
promoting safety on the highways of this state.	9218

(B) The department shall administer the laws and rules	9219
relative to trauma and emergency medical services specified in	9220
Chapter 4765. of the Revised Code.	9221

(C) The department shall administer and enforce the laws	9222
contained in Chapters 4301. and 4303. of the Revised Code and	9223
enforce the rules and orders of the liquor control commission	9224
pertaining to retail liquor permit holders.	9225

(D) The department shall administer the laws governing the	9226
state emergency management agency and shall enforce all additional	9227
duties and responsibilities as prescribed in the Revised Code	9228
related to emergency management services.	9229

(E) The department shall conduct investigations pursuant to	9230
Chapter 5101. of the Revised Code in support of the duty of the	9231
department of job and family services to administer food stamp	9232
programs throughout this state. The department of public safety	9233
shall conduct investigations necessary to protect the state's	9234
property rights and interests in the food stamp program.	9235

(F) The department of public safety shall enforce compliance	9236
with orders and rules of the public utilities commission and	9237
applicable laws in accordance with Chapters 4919., 4921., and	9238
4923. of the Revised Code regarding commercial motor vehicle	9239
transportation safety, economic, and hazardous materials	9240
requirements.	9241

(G) Notwithstanding Chapter 4117. of the Revised Code, the	9242
department of public safety may establish requirements for its	9243
enforcement personnel, including its enforcement agents described	9244
in section 5502.14 of the Revised Code, that include standards of	9245
conduct, work rules and procedures, and criteria for eligibility	9246
as law enforcement personnel.	9247

(H) The department shall administer, maintain, and operate	9248
the Ohio criminal justice network. The Ohio criminal justice	9249
network shall be a computer network that supports state and local	9250
criminal justice activities. The network shall be an electronic	9251
repository for various data, which may include arrest warrants,	9252
notices of persons wanted by law enforcement agencies, criminal	9253
records, prison inmate records, stolen vehicle records, vehicle	9254
operator's licenses, and vehicle registrations and titles.	9255

(I) The department shall coordinate all homeland security	9256
activities of all state agencies and shall be a liaison between	9257
state agencies and local entities for those activities and related	9258
purposes.	9259

(J) Beginning July 1, 2004, the department shall administer	9260
and enforce the laws relative to private investigators and	9261
security service providers specified in Chapter 4749. of the	9262
Revised Code.	9263

Sec. 5502.011. (A) As used in this section, "department of	9264
public safety" and "department" include all divisions within the	9265
department of public safety.	9266

(B) The director of the department of public safety is the	9267
chief executive and administrative officer of the department. The	9268
director may establish policies governing the department, the	9269
performance of its employees and officers, the conduct of its	9270
business, and the custody, use, and preservation of departmental	9271
records, papers, books, documents, and property. The director also	9272
may authorize and approve investigations to be conducted by any of	9273
the department's divisions. Whenever the Revised Code imposes a	9274
duty upon or requires an action of the department, the director	9275
may perform the action or duty in the name of the department or	9276
direct such performance to be performed by the director's	9277
designee.	9278

(C) In addition to any other duties enumerated in the Revised	9279
Code, the director or the director's designee shall do all of the	9280
following:	9281

(1) Administer and direct the performance of the duties of	9282
the department;	9283

(2) Pursuant to Chapter 119. of the Revised Code, approve,	9284
adopt, and prescribe such forms and rules as are necessary to	9285
carry out the duties of the department;	9286

(3) On behalf of the department and in addition to any	9287
authority the Revised Code otherwise grants to the department,	9288
have the authority and responsibility for approving and entering	9289
into contracts, agreements, and other business arrangements;	9290

(4) Make appointments for the department as needed to comply	9291
with requirements of the Revised Code;	9292

(5) Approve employment actions of the department, including	9293
appointments, promotions, discipline, investigations, and	9294
terminations;	9295

(6) Accept, hold, and use, for the benefit of the department,	9296
any gift, donation, bequest, or devise, and may agree to and	9297
perform all conditions of the gift, donation, bequest, or devise,	9298
that are not contrary to law;	9299

(7) Do all other acts necessary or desirable to carry out	9300
this chapter.	9301

(D)(1) The director of public safety may assess a reasonable	9302
fee, plus the amount of any charge or fee passed on from a	9303
financial institution, on a drawer or indorser for each of the	9304
following:	9305

(a) A check, draft, or money order that is returned or	9306
dishonored;	9307

(b) An automatic bank transfer that is declined, due to	9308
insufficient funds or for any other reason;	9309

(c) Any financial transaction device that is returned or	9310
dishonored for any reason.	9311

(2) The director shall deposit any fee collected under this	9312
division in an appropriate fund as determined by the director	9313
based on the tax, fee, or fine being paid.	9314

(3) As used in this division, "financial transaction device"	9315
has the same meaning as in section 113.40 of the Revised Code.	9316

Sec. 5502.11. Every law enforcement agency representing a	9317
township, county, municipal corporation, or other political	9318
subdivision investigating a motor vehicle accident involving a	9319
fatality, personal injury, or property damage in an amount ~~not~~	9320
~~less~~greater than ~~one hundred fifty~~four hundred dollars shall,	9321
within five days, forward a written report of such accident to the	9322
director of public safety on a form which the director shall adopt	9323
subject to sections 119.01 to 119.13 of the Revised Code.	9324

Sec. 5503.34. There is hereby created in the department of	9325
public safety, division of state highway patrol, a ~~commercial~~	9326
motor ~~vehicle safety~~carrier enforcement unit, to be administered	9327
by the superintendent of the state highway patrol. This unit shall	9328
be responsible for enforcement of commercial motor vehicle	9329
transportation safety, economic, and hazardous materials	9330
requirements.	9331

The superintendent, with the approval of the director of	9332
public safety, may appoint and maintain necessary staff to carry	9333
out the duties assigned under this section.	9334

Employees of the ~~commercial~~ motor ~~vehicle safety~~carrier	9335
enforcement unit shall cooperate with the public utilities	9336
commission to enforce compliance with orders and rules of the	9337
commission, applicable laws under Chapters 4919., 4921., and 4923.	9338
of the Revised Code, and any other applicable laws or rules.	9339

Uniformed employees of the ~~commercial~~ motor ~~vehicle safety~~	9340
carrier enforcement unit may stop commercial motor vehicles for	9341
the exclusive purpose of inspecting such vehicles to enforce	9342
compliance with orders and rules of the public utilities	9343
commission as required by division (F) of section 5502.01 of the	9344
Revised Code.	9345

Sec. 5505.16. (A) A member of the state highway patrol	9346
retirement system who has been in the service of the state highway	9347
patrol for a period of twenty-five years as an employee according	9348
to the rules adopted by the state highway patrol retirement board	9349
may make application for a pension which, if the member is under	9350
age forty-eight, shall be deferred until age forty-eight.	9351

(B) A member of the retirement system who has been in the	9352
service of the highway patrol for a period of twenty years as an	9353
employee according to the rules adopted by the retirement board,	9354
may make application for a pension that, if the member is under	9355
age fifty-two, shall be deferred until age fifty-two, except that	9356
any such member who has attained twenty years of service may, on	9357
or after attaining age forty-eight but before attaining age	9358
fifty-two, elect to receive a reduced pension of the greater of	9359
nine hundred dollars or an amount computed as follows:	9360

Attained Age	Reduced Pension	9361
48	75% of normal service pension	9362
49	80% of normal service pension	9363
50	86% of normal service pension	9364
51	93% of normal service pension	9365

In the case of a member who elects to receive a reduced	9366
pension after attaining age forty-eight, the reduced pension is	9367
payable from the later of the date of the member's most recent	9368
birthday or the date the member becomes eligible to receive the	9369
reduced pension.	9370

A member who has elected to receive a reduced pension in	9371
accordance with the schedule provided in this division and has	9372
received a payment in connection therewith may not change the	9373
election.	9374

(C) Any member who attains the age of ~~fifty-five~~sixty years	9375
and has been in the service of the patrol for a period of twenty	9376
years as a uniformed patrol officer according to the rules adopted	9377
by the board, shall file application for retirement with the	9378
board, and if the member refuses or neglects to do so, the board	9379
may deem the member's application to have been filed on the	9380
member's ~~fifty-fifth~~sixtieth birthday. The member may, upon	9381
written application approved by the superintendent of the state	9382
highway patrol, be continued in service after attaining the age of	9383
~~fifty-five~~sixty years, but only until the member has accumulated	9384
twenty years of service.	9385

(D)(1) As used in this division:

9386

(a) "Service in the uniformed services" means the performance	9387
of duty on a voluntary or involuntary basis in a uniformed service	9388
under competent authority and includes active duty, active duty	9389
for training, initial active duty for training, inactive duty	9390
training, full-time national guard duty, and a period for which a	9391
person is absent from a position of employment for the purpose of	9392
an examination to determine the fitness of the person to perform	9393
any such duty.	9394

(b) "Uniformed services" of the United States includes both:

9395

(i) Army, navy, air force, marine corps, coast guard, or any	9396
reserve components of these services; auxiliary corps as	9397
established by congress; army nurse corps; navy nurse corps;	9398
service as red cross nurse with the army, navy, air force, or	9399
hospital service of the United States, or serving full-time with	9400
the American red cross in a combat zone; and such other service as	9401
is designated by congress as included therein;	9402

(ii) Personnel of the Ohio national guard, the Ohio military	9403
reserve, the Ohio naval militia, and the reserve components of the	9404
armed forces enumerated in division (D)(1) of this section who are	9405
called to active duty pursuant to an executive order issued by the	9406
president of the United States or an act of congress.	9407

(2) A member's total service credit may include periods not	9408
to exceed a total of seven years, while the member's employment	9409
with the state highway patrol is or was interrupted due to service	9410
in the uniformed services of the United States. Such military	9411
service shall be credited to the member towards total service as	9412
provided by this chapter and to the extent approved by the board,	9413
provided that:	9414

(a) The member is or was honorably discharged from service in	9415
the uniformed services;	9416

(b) The member is or was re-employed by the state highway	9417
patrol within ninety days immediately following termination of	9418
service in the uniformed services;	9419

(c) The member, subject to board rules, pays into the	9420
retirement system to the member's credit in the employees' savings	9421
fund an amount equal to the total contributions the member would	9422
have paid had state highway patrol employment not been so	9423
interrupted. Such payment may be made at any time prior to receipt	9424
of a pension.	9425

(3) If the member meets the requirements of division (D)(2)	9426
of this section, on receipt of contributions from the member, the	9427
state highway patrol shall be billed for the employer contribution	9428
that would have been paid pursuant to section 5505.15 of the	9429
Revised Code if the member had not rendered service in the	9430
uniformed services, subject to board rules.	9431

(4) If under division (D)(2)(c) of this section a member pays	9432
all or any portion of the contributions later than the lesser of	9433
five years or a period that is three times the member's period of	9434
service in the uniformed services beginning from the later of the	9435
member's date of re-employment or October 29, 1996, an amount	9436
equal to compound interest at a rate established by the board from	9437
the later of the member's date of re-employment or October 29,	9438
1996, to the date of payment shall be added to the remaining	9439
amount to be paid by the member to purchase service credit under	9440
this section.	9441

(5) Credit purchased by a member under division (D)(2) of	9442
this section shall be used to determine the member's eligibility	9443
for retirement under this section and section 5505.17 of the	9444
Revised Code.	9445

Sec. 5516.01. As used in sections 5516.01 to 5516.14 of the	9446
Revised Code:	9447

(A) "Advertising device" includes any outdoor sign, display,	9448
device, figure, painting, drawing, message, placard, poster,	9449
billboard, or any other contrivance designed, intended, or used to	9450
advertise or to give information in the nature of advertising, or	9451
any part thereof, the advertising or informative contents of which	9452
are visible from the main traveled way of any highway on the	9453
interstate system or primary system in this state.	9454

(B) "Visible" means capable of being seen and comprehended	9455
without visual aid by a person traveling the posted speed limit on	9456
the main traveled way of the highway.	9457

(C) "Interstate system" means that portion of the interstate	9458
system, or the national highway system, located within this state,	9459
as designated by the director of transportation and approved by	9460
the secretary of transportation of the United States, pursuant to	9461
23 U.S.C.A. 103(b) and (e).	9462

(D) "Erect" means to construct or allow to be constructed,	9463
but it shall not include any activity when performed as an	9464
incident to the change of advertising message or normal	9465
maintenance of a sign or sign structure.	9466

(E) "Maintain" means to preserve, keep in repair, continue,	9467
allow to exist, or restore.	9468

(F) "National policy" means the provisions of 23 U.S.C.A. 131	9469
and the national standards, criteria, and rules promulgated	9470
pursuant to such provisions.	9471

(G) "Primary system" means that portion of the state highway	9472
system or national highway system located within this state as	9473
designated by the director and approved by the secretary of	9474
transportation of the United States, pursuant to 23 U.S.C.A.	9475
103(b).	9476

(H) "Zoned commercial or industrial areas" means those	9477
nonagricultural areas which are reserved for business, commerce,	9478
or trade, pursuant to local zoning laws, regulations, or state	9479
laws.	9480

(I) "Unzoned commercial or industrial area" means an area not	9481
zoned by state or local law, regulation, or ordinance, in which	9482
there is located one or more commercial or industrial activities.	9483
Such area may also include the lands along the highway for a	9484
distance of eight hundred fifty feet immediately adjacent to such	9485
activities. This distance shall be measured from the buildings,	9486
parking lots, storage or processing areas of the activities, and	9487
along or parallel to the near edge of the main traveled way of the	9488
highway. This distance shall not include land on the opposite side	9489
of the highway from such activities, nor land predominantly used	9490
for residential purposes. An area shall be considered	9491
predominately residential if fifty per cent or more of the eight	9492
hundred feet immediately adjacent to the activities contains land	9493
used as residential property. Each side of the highway will be	9494
considered separately in applying this definition.	9495

(J) "Commercial or industrial activities" means those	9496
activities generally recognized as commercial or industrial by	9497
zoning authorities of this state. The following activities shall	9498
not be considered commercial or industrial:	9499

(1) Activities relating to advertising structures;

9500

(2) Agricultural, forestry, ranching, grazing, farming, and	9501
related activities, including, but not limited to, activities	9502
relating to wayside fresh produce stands;	9503

(3) Transient or temporary activities;

9504

(4) Activities not visible from the main traveled way;

9505

(5) Activities located more than six hundred sixty feet from	9506
the nearest edge of the right-of-way;	9507

(6) Activities conducted in a building principally used as a	9508
residence;	9509

(7) Activities relating to railroad tracks and minor sidings;

9510

(8) Activities relating to highways, roads, and streets.

9511

(K) "Directional and official signs and notices" means those	9512
signs and notices that are required or authorized by law and	9513
conform to the rules for such signs and notices as adopted by the	9514
director in accordance with 23 C.F.R. 750.151 to 750.155.	9515

(L) "Nonconforming advertising device" means an advertising	9516
device that was:	9517

(1) Lawfully in existence prior to December 7, 1971;

9518

(2) Lawfully on any highway made a part of the interstate	9519
system or primary highway system on or after December 7, 1971;	9520

(3) Lawfully erected prior to any revision in the law	9521
effective December 7, 1971; or	9522

(4) Lawfully erected but:

9523

(a) No longer in compliance with the provisions of state law	9524
enacted or rules adopted at a later date; or	9525

(b) No longer in compliance with state laws or rules due to	9526
changed conditions, including, but not limited to, zoning changes,	9527
highway relocation, highway reclassification, or changes in	9528
restrictions on sizing, lighting, spacing, or distance of	9529
advertising devices.	9530

Illegally erected or maintained advertising devices are not	9531
nonconforming signs.	9532

(M) "Scenic byway" means any linear transportation corridor	9533
as designated or as may hereafter be so designated by the director	9534
under the Ohio scenic byways program as having outstanding scenic	9535
qualities.	9536

(N) "Director" means the director of the Ohio department of	9537
transportation.	9538

(O) "Commercial or industrial zone" means those areas	9539
established by any state, county, municipal, or other local zoning	9540
authority as being most appropriate for business, commerce,	9541
industry, or trade. Any action taken by a state, county,	9542
municipal, or other local zoning authority that is not part of	9543
comprehensive zoning and is created primarily to permit outdoor	9544
advertising devices shall not be considered a commercial or	9545
industrial zone for purposes of this chapter.	9546

(P) "Last permit holder" includes any of the following:

9547

(1) The most recent holder of the advertising device permit;

9548

(2) A business, cooperative, corporation, enterprise, joint	9549
venture, limited liability company, partnership, sole	9550
proprietorship or subsidiary, the viability of which is dependant	9551
on its relationship with the most recent holder of the advertising	9552
device permit;	9553

(3) Any person or entity that is closely related to or	9554
closely connected with the most recent holder of the advertising	9555
device permit.	9556

(Q) "Professional sports facility" means all or a portion of	9557
a stadium, arena, motorsports complex, or other facility,	9558
including all parking facilities, walkways, and other auxiliary	9559
facilities that may be used for or in connection with the sports	9560
facility or its operation, the primary purpose of which is to	9561
provide a site or venue for the presentation to the public of	9562
either of the following:	9563

(1) Events of one or more major or minor league professional	9564
athletic or sports teams that are associated with the state or	9565
with a city or region of the state;	9566

(2) Motorsports events.

9567

Sec. 5516.04. (A) Any advertising device that violates	9568
section 5516.02, 5516.06, or 5516.061, or 5516.062 of the Revised	9569
Code or the rules adopted thereunder, or that is being maintained	9570
without a validly issued permit, is a public and private nuisance,	9571
and shall be removed. Immediately upon discovering the existence	9572
of such a nuisance, the director of transportation shall issue an	9573
order to the owner or lessee of the land on which such advertising	9574
device is located, and to the owner of such advertising device, if	9575
known, to remove the device or to initiate any remedial action	9576
specified in the order, within thirty days of the issuance of the	9577
order. The order shall be in writing and shall be sent by	9578
certified mail. If the owner of the advertising device is unknown,	9579
the director shall make a reasonable attempt to ascertain the	9580
identity of such owner.	9581

If such owner cannot be determined or the certified mail is	9582
not claimed, the director may post a copy of the order in a	9583
conspicuous place on the advertising device.	9584

If removal or remediation is not completed within thirty days	9585
of the date of the order, the director immediately may remove the	9586
sign without further notice or may file for an injunction or other	9587
appropriate relief in a civil action for abatement in the court of	9588
common pleas of the county in which the advertising device is	9589
located. A copy of the complaint shall be served upon the owner or	9590
lessee of the land and the owner of the device, if known, in	9591
accordance with the Rules of Civil Procedure. If certified mail	9592
service, personal service, or residence service of the complaint	9593
is refused, or certified mail service is not claimed and the	9594
director has made a request for ordinary mail service of the	9595
complaint, or has used publication service in accordance with the	9596
Rules of Civil Procedure, then a copy of the complaint shall be	9597
posted in a conspicuous place on the advertising device.	9598

The court in a civil action for abatement shall conduct a	9599
hearing at least twenty-eight days after service of the complaint	9600
on the owner of the advertising device and the owner or lessee of	9601
the land. If the court finds at the hearing that a violation of	9602
sections 5516.02 to 5516.04 of the Revised Code exists as alleged	9603
in the complaint and also finds that the owner of the advertising	9604
device or the owner or lessee of the land has been afforded an	9605
opportunity to abate the nuisance but has refused or failed to do	9606
so, the court may issue an injunction requiring the owner of the	9607
advertising device or the owner or lessee of the land to abate the	9608
nuisance or may issue any other order that it considers necessary	9609
or appropriate to cause the abatement of the public nuisance. If	9610
an injunction is issued pursuant to this section, the owner of the	9611
advertising device or the owner or lessee of the land shall be	9612
given no more than thirty days from the date of the entry of the	9613
court's order to comply with the injunction, unless the court, for	9614
good cause shown, extends the time for compliance. The judge in	9615
any civil action described in this section, or the judge's	9616
successor in office, has continuing jurisdiction to review the	9617
condition of any advertising device that was determined to be a	9618
public nuisance pursuant to this section.	9619

(B) If the department removes an advertising device pursuant	9620
to an order of the director, the cost or expense of such removal	9621
shall be paid by the director out of any appropriation of the	9622
department of transportation available for the establishment, use,	9623
maintenance, or repair of highways, and the amount thereof shall	9624
be certified to the attorney general for collection by civil	9625
action against the device owner or the owner or lessee of the land	9626
on which such advertising device is located. Such owners and	9627
lessees shall be jointly liable for such costs or expenses.	9628

(C) Employees, agents, or independent contractors of the	9629
department of transportation may enter upon private property for	9630
the purpose of removing advertising devices in accordance with	9631
this section, without incurring any liability for so entering.	9632

Sec. 5516.061. No advertising device shall be erected	9633
outside of urban areas ~~between~~further than six hundred sixty feet	9634
~~and three thousand feet of~~from the right-of-way of the main	9635
traveled way of a highway on the interstate or primary system if	9636
such device would be visible from such main traveled way, except	9637
the following:	9638

(A) Directional and official signs and notices that conform	9639
to rules adopted by the director of transportation;	9640

(B) Signs advertising the sale or lease of the property upon	9641
which they are located;	9642

(C) Advertising devices indicating the name of the business,	9643
activities, or profession conducted on such property or that	9644
identify the goods produced, sold, or services rendered on such	9645
property and that conform to rules adopted by the director;	9646

(D) Signs lawfully in existence on October 22, 1965, that the	9647
director, subject to the approval of the secretary of the United	9648
States department of transportation, has determined to be landmark	9649
signs, including signs on farm structures or natural surfaces,	9650
which are of historic or artistic significance.	9651

Any advertising device lawfully in existence prior to	9652
November 28, 1975, or lawfully on any highway made a part of the	9653
interstate or primary system on or after that date, the erection	9654
of which would be illegal under this section, is nonconforming,	9655
and may be maintained subject to the permit provisions of section	9656
5516.10 of the Revised Code. An advertising device existing prior	9657
to the effective date of this section which would be illegal under	9658
this section shall be considered a nonconforming advertising	9659
device and may be maintained subject to the permit provisions of	9660
section 5516.10 of the Revised Code.	9661

As used in this section, "urban area" means an urbanized area	9662
or an urban place as designated by the bureau of the census having	9663
a population of five thousand or more, and within boundaries	9664
approved by the United States secretary of transportation.	9665

Sec. 5516.062. (A) No person shall erect, use, maintain,	9666
operate, construct, or cause or permit to be erected, used,	9667
maintained, operated, or constructed any advertising device that	9668
is located both inside an urban area, as defined by section	9669
5516.061 of the Revised Code, and outside the boundaries of a	9670
municipal corporation as such boundaries existed on September 21,	9671
1959, without first obtaining a permit and permit plates from the	9672
director of transportation pursuant to section 5516.10 of the	9673
Revised Code.	9674

(B) An advertising device existing prior to the effective	9675
date of this section which would be illegal under this section	9676
shall be considered a nonconforming advertising device and may be	9677
maintained subject to the permit provisions of section 5516.10 of	9678
the Revised Code.	9679

Sec. 5516.10. (A) No person shall do either of the following	9680
without first obtaining a permit and permit plates from the	9681
director of transportation:	9682

(1) Erect, use, maintain, operate, construct, or cause or	9683
permit to be erected, used, maintained, operated, or constructed,	9684
any advertising device located in either of the following:	9685

(a) Commercial or industrial zones traversed by segments of	9686
the interstate system within the boundaries of a municipal	9687
corporation as such boundaries existed on September 21, 1959;	9688

(b) Zoned or unzoned industrial or commercial areas adjacent	9689
to highways on the primary system.	9690

(2) Maintain any nonconforming advertising device.

9691

(B) Applications for such a permit shall be made on forms	9692
prescribed by the director, and a separate application shall be	9693
submitted for each sign face. The director shall adopt rules	9694
setting forth the requirements for completion of the application	9695
process and the issuance of permits consistent with this section.	9696

(1) As part of the application process, the director may	9697
require an acknowledgment to be signed by the owner or person in	9698
lawful possession or control of the proposed location of the	9699
advertising device. Such acknowledgment may include, but shall not	9700
be limited to, a statement that the applicant has the right to	9701
occupy the land at the subject location, that if at any time	9702
removal is required, the owner or person in lawful possession or	9703
control of the location may be jointly liable, and that the	9704
applicant may only occupy the land for a specified time period. If	9705
legal use of the location is terminated at any time during the	9706
permit period, the permit is subject to cancellation pursuant to	9707
section 5516.12 of the Revised Code.	9708

(2) As part of the application process, the director may	9709
require an applicant or the applicant's authorized representative	9710
to certify in a notarized signed statement that the applicant has	9711
not knowingly provided materially false, misleading, or inaccurate	9712
information.	9713

(3) Each application shall be accompanied by the appropriate	9714
application fee as set forth in the fee schedule established by	9715
the director. Such fee schedule shall be based on the reasonable	9716
cost of administering and processing such permits. Application	9717
fees shall be nonrefundable.	9718

(4) Applications for permits shall be disapproved and permits	9719
shall not be issued under any of the following conditions:	9720

(a) The proposed location for an advertising device is not	9721
visible from the main traveled portion of the highway due to	9722
existing landscaping on the right-of-way of any highway.	9723

(b) The advertising device can be erected or maintained only	9724
from the right-of-way of an interstate or primary highway system.	9725

(c) The proposed location for the advertising device is on	9726
land that is used principally as a residence.	9727

(d) The advertising device is erected or maintained on trees,	9728
or painted or drawn upon rocks or other natural features.	9729

(e) The advertising device would be a traffic hazard or a	9730
danger to the safety of the traveling public.	9731

(f) The advertising device would prevent the driver of a	9732
motor vehicle from having a clear and unobstructed view of	9733
official signs and approaching or merging traffic.	9734

(g) The advertising device is illuminated so as to interfere	9735
with the effectiveness of an official sign, signal, or other	9736
traffic control device.	9737

(h) The advertising device attempts, or appears to attempt,	9738
to direct the movement of traffic, or interferes with, imitates,	9739
or resembles an official sign, signal, or other traffic control	9740
device.	9741

(C) The issuance of a permit under this section shall not be	9742
construed to invalidate municipal ordinances requiring a permit or	9743
license or providing for an inspection fee for advertising	9744
devices, or regulating such advertising devices. The cost of the	9745
application fee for such permits or licenses issued, or the cost	9746
of initial inspection fees charged under municipal ordinances	9747
shall be credited against and shall reduce the cost of the permit	9748
issued by the director under this section. If a permit is issued	9749
by a zoning authority pursuant to its ordinances, rules, or	9750
regulations controlling outdoor advertising devices, a copy	9751
thereof shall be furnished to the director with any application	9752
for a new permit required by this section or within thirty days of	9753
its issuance by a zoning authority.	9754

(D) Where an application is submitted for the erection, use,	9755
maintenance, operation, or construction of an advertising device,	9756
the director may conditionally approve such application as to	9757
location only, and final approval shall remain pending until the	9758
advertising device is erected, used, maintained, or constructed or	9759
becomes operational. Upon notification by the permit applicant	9760
that the erection, use, maintenance, construction, or operation of	9761
the advertising device is completed, the director shall verify	9762
that the advertising device complies with the terms and conditions	9763
of the conditional permit. Upon verification of compliance with	9764
the terms and conditions of the conditional permit, the director	9765
may approve and issue a permit and permit plates, which shall be	9766
securely and permanently attached in the corner of the face of the	9767
advertising device nearest to the highway in such a manner as to	9768
be visible from the main traveled way of the interstate or primary	9769
highway system. Replacement plates may be issued upon request and	9770
upon the payment of a replacement fee to be determined by the	9771
director.	9772

(E) All permits issued pursuant to this section shall be in	9773
effect for a period of two years. Permits may be renewed upon	9774
application made on forms designated by the director and upon the	9775
payment of a nonrefundable renewal fee in an amount to be	9776
determined by the director based on the reasonable cost of	9777
administering and processing such renewal permits. Any permits	9778
that are not renewed, and any permit plates issued in connection	9779
with such permits, shall be returned to the director for	9780
cancellation by the expiration date. The director may adopt rules	9781
for the reinstatement of permits canceled as a result of	9782
nonpayment of renewal fees, and shall develop a fee schedule for	9783
late renewals.	9784

(F)(1) Where the director conditionally approves the issuance	9785
of a permit as to location only and the permit applicant fails to	9786
~~exercise the privilege of constructing, erecting, using,~~	9787
~~operating, or maintaining~~construct, erect, use, operate, or	9788
maintain an advertising device within the period for which the	9789
permit was issued, such permit shall not be renewed unless a	9790
renewal fee is paid to extend the privilege for one additional	9791
permit period. No conditional permit shall be renewed and no	9792
extensions shall be granted after the second renewal period.	9793

(2) A last permit holder's application for a permit shall not	9794
be accepted until a permit issued pursuant to division (F)(1) of	9795
this section has expired for a period of six months, commencing	9796
from the expiration date, for any of the following locations:	9797

(a) The expired location;

9798

(b) A location within five hundred feet of the expired	9799
location on an interstate highway, a primary highway outside a	9800
municipal corporation, or a freeway inside a municipal	9801
corporation;	9802

(c) A location within two hundred fifty feet of the expired	9803
location on any other primary highway inside a municipal	9804
corporation.	9805

The director shall process written applications in the order	9806
in which they are received.	9807

(G) Permits for advertising devices erected and maintained	9808
with a valid permit issued before July 1, 1997, may be renewed	9809
unless the director finds that the permit application contains	9810
materially false, misleading, or inaccurate information or the	9811
sign has been erected or maintained contrary to this chapter or	9812
the rules adopted thereunder, and in such event the director may	9813
take appropriate action pursuant to section 5516.12 of the Revised	9814
Code. An applicant who has a conditional permit issued by the	9815
director before June 30, 1997, and who has not yet exercised the	9816
privilege of constructing, using, operating, erecting, or	9817
maintaining an advertising device at the proposed location as of	9818
that date, shall have until December 31, 1997, to comply with the	9819
terms and conditions of the conditional permit or such permit	9820
shall be canceled. However, the applicant may request that the	9821
conditional permit be renewed by submitting a renewal application	9822
and paying a nonrefundable renewal fee to extend the privilege for	9823
one additional permit period.	9824

(H) Permits may be transferred from one sign owner to another	9825
upon written acknowledgment from the current permittee and the	9826
payment of a transfer fee in an amount to be determined by the	9827
director for each permit to be transferred. The new permit holder	9828
is subject to all the terms and conditions of the prior permit	9829
holder and shall be subject to this chapter and the rules adopted	9830
thereunder.	9831

(I) No person shall submit an application for an advertising	9832
device permit where the proposed location is adjacent to a	9833
proposed project on the interstate or primary system and the	9834
proposed location for the device would be illegal under this	9835
chapter upon completion of the project.	9836

(J) Any permit issued by the director under this chapter or	9837
the rules adopted under it, is the property of the permit holder.	9838
Upon the sale of an advertising device, a permit issued under this	9839
section continues in effect for the period established under	9840
division (E) of this section.	9841

Sec. 5577.042. (A) As used in this section:

9842

(1) "Farm machinery" has the same meaning as in section	9843
4501.01 of the Revised Code.	9844

(2) "Farm commodities" includes livestock, bulk milk, corn,	9845
soybeans, tobacco, and wheat.	9846

(3) "Farm truck" means a truck used in the transportation	9847
from a farm of farm commodities when the truck is operated in	9848
accordance with this section.	9849

(4) "Log truck" means a truck used in the transportation of	9850
timber from the site of its cutting when the truck is operated in	9851
accordance with this section.	9852

(5) "Coal truck" means a truck transporting coal from the	9853
site where it is mined when the truck is operated in accordance	9854
with this section.	9855

(6) "Solid waste" has the same meaning as in section 3734.01	9856
of the Revised Code.	9857

(7) "Solid waste haul vehicle" means a vehicle hauling solid	9858
waste for which a bill of lading has not been issued.	9859

(B) Notwithstanding sections 5577.02 and 5577.04 of the	9860
Revised Code, a coal truck transporting coal, a farm truck or farm	9861
machinery transporting farm commodities, or a log truck	9862
transporting timber, or a solid waste haul vehicle hauling solid	9863
waste, from the place of production to the first point of delivery	9864
where the commodities are weighed and title to the commodities,	9865
coal, or timber is transferred, or, in the case of solid waste,	9866
from the place of production to the first point of delivery where	9867
the solid waste is disposed of or title to the solid waste is	9868
transferred, may exceed by no more than seven and one-half per	9869
cent the weight provisions of sections 5577.01 to 5577.09 of the	9870
Revised Code and no penalty prescribed in section 5577.99 of the	9871
Revised Code shall be imposed. If a coal truck so transporting	9872
coal, a farm truck or farm machinery so transporting farm	9873
commodities, or a timber truck so transporting timber, or a solid	9874
waste haul vehicle hauling solid waste, exceeds by more than seven	9875
and one-half per cent the weight provisions of those sections,	9876
both of the following apply without regard to the seven and	9877
one-half per cent allowance provided by this division:	9878

(1) The applicable penalty prescribed in section 5577.99 of	9879
the Revised Code;	9880

(2) The civil liability imposed by section 5577.12 of the	9881
Revised Code.	9882

(C)(1) Division (B) of this section does not apply to the	9883
operation of a farm truck, log truck, or farm machinery	9884
transporting farm commodities during the months of February and	9885
March.	9886

(2) Regardless of when the operation occurs, division (B) of	9887
this section does not apply to the operation of a coal truck, a	9888
farm truck, a log truck, a solid waste haul vehicle, or farm	9889
machinery transporting farm commodities on either of the	9890
following:	9891

(a) A highway that is part of the interstate system;

9892

(b) A highway, road, or bridge that is subject to reduced	9893
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	9894
5577.09, or 5591.42 of the Revised Code.	9895

Sec. 5577.05. (A) No vehicle shall be operated upon the	9896
public highways, streets, bridges, and culverts within the state,	9897
whose dimensions exceed those specified in this section.	9898

~~(A)~~(B) No such vehicle shall have a width in excess of:

9899

(1) One hundred four inches for passenger bus type vehicles	9900
operated exclusively within municipal corporations;	9901

(2) One hundred two inches, excluding such safety devices as	9902
are required by law, for passenger bus type vehicles operated over	9903
freeways, and such other state roads with minimum pavement widths	9904
of twenty-two feet, except those roads or portions thereof over	9905
which operation of one hundred two-inch buses is prohibited by	9906
order of the director of transportation;	9907

(3) One hundred thirty-two inches for traction engines;

9908

(4) One hundred two inches for recreational vehicles,	9909
excluding safety devices and retracted awnings and other	9910
appurtenances of six inches or less in width and except that the	9911
director may prohibit the operation of one hundred two inch	9912
recreational vehicles on designated state highways or portions of	9913
highways;	9914

(5) One hundred two inches, including load, for all other	9915
vehicles, except that the director may prohibit the operation of	9916
one hundred two-inch vehicles on such state highways or portions	9917
thereof as the director designates.	9918

~~(B)~~(C) No such vehicle shall have a length in excess of:

9919

(1) ~~Sixty~~Sixty-six feet for passenger bus type vehicles and	9920
articulated passenger bus type vehicles operated by a regional	9921
transit authority pursuant to sections 306.30 to 306.54 of the	9922
Revised Code;	9923

(2) ~~Forty~~Forty-five feet for all other passenger bus type	9924
vehicles;	9925

(3) Fifty-three feet for any semitrailer when operated in a	9926
commercial tractor-semitrailer combination, with or without load,	9927
except that the director may prohibit the operation of any such	9928
commercial tractor-semitrailer combination on such state highways	9929
or portions thereof as the director designates.	9930

(4) Twenty-eight and one-half feet for any semitrailer or	9931
trailer when operated in a commercial tractor-semitrailer-trailer	9932
or commercial tractor-semitrailer-semitrailer combination, except	9933
that the director may prohibit the operation of any such	9934
commercial tractor-semitrailer-trailer or commercial	9935
tractor-semitrailer-semitrailer combination on such state highways	9936
or portions thereof as the director designates;	9937

(5) Seventy-five feet for drive-away saddlemount vehicle	9938
transporter combinations and drive-away saddlemount with fullmount	9939
vehicle transporter combinations, not to exceed three	9940
saddlemounted vehicles, but which may include one fullmount.	9941

(6) Sixty-five feet for any other combination of vehicles	9942
coupled together, with or without load, except as provided in	9943
divisions ~~(B)~~(C)(3) and (4), and in division ~~(D)~~(E) of this	9944
section;	9945

(7) Forty-five feet for recreational vehicles;

9946

(8) Forty feet for all other vehicles except trailers and	9947
semitrailers, with or without load.	9948

~~(C)~~(D) No such vehicle shall have a height in excess of	9949
thirteen feet six inches, with or without load.	9950

~~(D)~~(E) An automobile transporter or boat transporter shall be	9951
allowed a length of sixty-five feet and a stinger-steered	9952
automobile transporter or stinger-steered boat transporter shall	9953
be allowed a length of seventy-five feet, except that the load	9954
thereon may extend no more than four feet beyond the rear of such	9955
vehicles and may extend no more than three feet beyond the front	9956
of such vehicles, and except further that the director may	9957
prohibit the operation of a stinger-steered automobile	9958
transporter, stinger-steered boat transporter, or a B-train	9959
assembly on any state highway or portion thereof that the director	9960
designates.	9961

(F) The widths prescribed in division (B) of this section	9962
shall not include side mirrors, turn signal lamps, marker lamps,	9963
handholds for cab entry and egress, flexible fender extensions,	9964
mud flaps, splash and spray suppressant devices, and load-induced	9965
tire bulge.	9966

The width prescribed in division ~~(A)~~(B)(5) of this section	9967
shall not include automatic covering devices ~~used by a vehicle~~	9968
~~hauling solid waste~~, tarp and tarp hardware, and tiedown	9969
assemblies, provided these safety devices do not extend more than	9970
three inches from each side of the vehicle.	9971

The lengths prescribed in divisions ~~(B)~~(C)(2) to (7) of this	9972
section shall not include safety devices, bumpers attached to the	9973
front or rear of such bus or combination, B-train assembly used	9974
between the first and second semitrailer of a commercial	9975
tractor-semitrailer-semitrailer combination, energy conservation	9976
devices as provided in any regulations adopted by the secretary of	9977
the United States department of transportation, or any	9978
noncargo-carrying refrigeration equipment attached to the front of	9979
trailers and semitrailers. In special cases, vehicles whose	9980
dimensions exceed those prescribed by this section may operate in	9981
accordance with rules adopted by the director.	9982

~~(E)~~(G) This section does not apply to fire engines, fire	9983
trucks, or other vehicles or apparatus belonging to any municipal	9984
corporation or to the volunteer fire department of any municipal	9985
corporation or used by such department in the discharge of its	9986
functions. This section does not apply to vehicles and pole	9987
trailers used in the transportation of wooden and metal poles, nor	9988
to the transportation of pipes or well-drilling equipment, nor to	9989
farm machinery and equipment. The owner or operator of any	9990
vehicle, machinery, or equipment not specifically enumerated in	9991
this section but the dimensions of which exceed the dimensions	9992
provided by this section, when operating the same on the highways	9993
and streets of this state, shall comply with the rules of the	9994
director governing such movement, which the director may adopt.	9995
Sections 119.01 to 119.13 of the Revised Code apply to any rules	9996
the director adopts under this section, or the amendment or	9997
rescission thereof, and any person adversely affected shall have	9998
the same right of appeal as provided in those sections.	9999

This section does not require the state, a municipal	10000
corporation, county, township, or any railroad or other private	10001
corporation to provide sufficient vertical clearance to permit the	10002
operation of such vehicle, or to make any changes in or about	10003
existing structures now crossing streets, roads, and other public	10004
thoroughfares in this state.	10005

~~(F)~~(H) As used in this section, "recreational vehicle" has	10006
the same meaning as in section 4501.01 of the Revised Code.	10007

Sec. 5577.15. (A) The size and weight provisions of this	10008
chapter do not apply to a person who is engaged in the initial	10009
towing or removal of a wrecked or disabled motor vehicle from the	10010
site of an emergency on a public highway where the vehicle became	10011
wrecked or disabled to the nearest site where the vehicle can be	10012
brought into conformance with the requirements of this chapter or	10013
to the nearest qualified repair facility.	10014

(B) Any subsequent towing of a wrecked or disabled vehicle	10015
shall comply with the size and weight provisions of this chapter.	10016

(C) No court shall impose any penalty prescribed in section	10017
5577.99 of the Revised Code or the civil liability established in	10018
section 5577.12 of the Revised Code upon a person towing or	10019
removing a vehicle in the manner described in division (A) of this	10020
section.	10021

Sec. 5577.99. (A) Whoever violates the weight provisions of	10022
sections 5577.01 to 5577.07 or the weight provisions in regard to	10023
highways under section 5577.04 of the Revised Code shall be fined	10024
eighty dollars for the first two thousand pounds, or fraction	10025
thereof, of overload; for overloads in excess of two thousand	10026
pounds, but not in excess of five thousand pounds, such person	10027
shall be fined one hundred dollars, and in addition thereto one	10028
dollar per one hundred pounds of overload; for overloads in excess	10029
of five thousand pounds, but not in excess of ten thousand pounds,	10030
such person shall be fined one hundred thirty dollars and in	10031
addition thereto two dollars per one hundred pounds of overload,	10032
or imprisoned not more than thirty days, or both. For all	10033
overloads in excess of ten thousand pounds such person shall be	10034
fined one hundred sixty dollars, and in addition thereto three	10035
dollars per one hundred pounds of overload, or imprisoned not more	10036
than thirty days, or both. Whoever violates the weight provisions	10037
of vehicle and load relating to gross load limits shall be fined	10038
not less than one hundred dollars. No penalty prescribed in this	10039
division shall be imposed on any vehicle combination if the	10040
overload on any axle does not exceed one thousand pounds, and if	10041
the immediately preceding or following axle, excepting the front	10042
axle of the vehicle combination, is underloaded by the same or a	10043
greater amount. For purposes of this division, two axles on one	10044
vehicle less than eight feet apart, shall be considered as one	10045
axle.	10046

(B) Whoever violates the weight provisions of section	10047
5571.071 or 5577.08 or the weight provisions in regard to bridges	10048
under section 5577.09, and whoever exceeds the carrying capacity	10049
specified under section 5591.42 of the Revised Code, shall be	10050
fined eighty dollars for the first two thousand pounds, or	10051
fraction thereof, of overload; for overloads in excess of two	10052
thousand pounds, but not in excess of five thousand pounds, the	10053
person shall be fined one hundred dollars, and in addition thereto	10054
one dollar per one hundred pounds of overload; for overloads in	10055
excess of five thousand pounds, but not in excess of ten thousand	10056
pounds, the person shall be fined one hundred thirty dollars, and	10057
in addition thereto two dollars per one hundred pounds of	10058
overload, or imprisoned not more than thirty days, or both. For	10059
all overloads in excess of ten thousand pounds, the person shall	10060
be fined one hundred sixty dollars, and in addition thereto three	10061
dollars per one hundred pounds of overload, or imprisoned not more	10062
than thirty days, or both.	10063

Notwithstanding any other provision of the Revised Code that	10064
specifies a procedure for the distribution of fines, all fines	10065
collected pursuant to this section shall be paid into the treasury	10066
of the county and credited to any fund for the maintenance and	10067
repair of roads, highways, bridges, or culverts.	10068

(C) Whoever violates any other provision of sections 5577.01	10069
to 5577.09 of the Revised Code ~~shall be fined not more than~~	10070
~~twenty-five dollars for~~is guilty of a minor misdemeanor on a	10071
first offense; ~~for a second offense within one year thereafter,~~	10072
~~such person shall be fined not less than ten nor more than one~~	10073
~~hundred dollars, or imprisoned not more than ten days, or both;~~	10074
~~for~~on a second or subsequent offense ~~within one year after the~~	10075
~~first offense~~, such person ~~shall be fined not less than~~	10076
~~twenty-five nor more than two hundred dollars, or imprisoned not~~	10077
~~more than thirty days, or both~~is guilty of a misdemeanor of the	10078
fourth degree.	10079

(D) Whoever violates section 5577.10 of the Revised Code	10080
shall be fined not more than five thousand dollars or imprisoned	10081
for not less than thirty days nor more than six months, or both.	10082

(E) Whoever violates section 5577.11 of the Revised Code	10083
shall be fined not more than twenty-five dollars.	10084

Section 2. That existing sections 109.801, 121.08, 306.351,	10085
307.05, 307.055, 307.86, 1548.08, 1548.09, 1548.11, 1548.13,	10086
1548.141, 1548.20, 2935.27, 2937.221, 3937.41, 3937.43, 3937.45,	10087
4501.01, 4501.02, 4501.021, 4501.11, 4503.01, 4503.03, 4503.034,	10088
4503.04, 4503.041, 4503.042, 4503.10, 4503.12, 4503.13, 4503.182,	10089
4503.231, 4503.24, 4503.44, 4504.01, 4505.032, 4505.06, 4505.07,	10090
4505.08, 4505.09, 4505.10, 4505.11, 4505.13, 4505.141, 4506.01,	10091
4506.08, 4506.09, 4506.11, 4506.12, 4507.13, 4507.141, 4507.19,	10092
4507.20, 4507.50, 4507.51, 4507.53, 4507.99, 4509.05, 4509.101,	10093
4509.79, 4510.10, 4510.22, 4510.31, 4510.43, 4511.01, 4513.61,	10094
4513.63, 4517.01, 4517.03, 4517.10, 4517.14, 4519.03, 4519.05,	10095
4519.56, 4519.57, 4519.58, 4519.61, 4519.631, 4519.68, 4738.05,	10096
4738.18, 4749.02, 4749.03, 4749.04, 4749.05, 4749.06, 4749.07,	10097
4749.08, 4749.10, 4749.11, 4749.12, 4749.13, 4749.14, 4905.06,	10098
4919.79, 4923.20, 5502.01, 5502.11, 5503.34, 5505.16, 5516.01,	10099
5516.04, 5516.061, 5516.10, 5577.042, 5577.05, and 5577.99 of the	10100
Revised Code are hereby repealed.	10101

Section 3. Notwithstanding the amendments to sections 4517.10	10102
and 4738.05 of the Revised Code contained in Section 1 of this	10103
act, when the Registrar of Motor Vehicles first renews the	10104
licenses for motor vehicle dealers, motor vehicle leasing dealers,	10105
manufactured home brokers, distributors, motor vehicle auction	10106
owners, motor vehicle salespersons, motor vehicle salvage dealers,	10107
salvage motor vehicle auctions, and salvage motor vehicle pools,	10108
following the effective date of this act, the Registrar may renew	10109
some of those licenses for one year and others for two years. In	10110
the case of those licenses that the Registrar specifies be renewed	10111
for one year, the fee that was applicable to that particular	10112
license prior to the effective date of this act shall apply. In	10113
the case of those licenses that the Registrar specifies be renewed	10114
for two years, the fee that is specified in section 4517.10 of the	10115
Revised Code as amended by this act shall apply. Thereafter, all	10116
such licenses shall be issued and renewed in accordance with	10117
applicable law.	10118

Section 4. That Sections 29 and 85 of Am. Sub. H.B. 95 of the	10119
125th General Assembly be amended to read as follows:	10120

Sec. 29. COM DEPARTMENT OF COMMERCE

10121

General Revenue Fund

10122

GRF	800-402	Grants-Volunteer Fire Departments	$	647,953	$	647,953	10123
GRF	800-410	Labor and Worker Safety	$	3,700,040	$	3,725,040	10124
Total GRF General Revenue Fund			$	4,347,993	$	4,372,993	10125

General Services Fund Group

10126

163	800-620	Division of Administration	$	3,385,803	$	3,490,056	10127
163	800-637	Information Technology	$	2,753,299	$	2,772,924	10128
5F1	800-635	Small Government Fire Departments	$	250,000	$	250,000	10129
TOTAL GSF General Services Fund							10130
Group			$	6,389,102	$	6,512,980	10131

Federal Special Revenue Fund Group

10132

348	800-622	Underground Storage Tanks	$	195,008	$	195,008	10133
348	800-624	Leaking Underground Storage Tanks	$	1,850,000	$	1,850,000	10134
349	800-626	OSHA Enforcement	$	1,527,750	$	1,604,140	10135
TOTAL FED Federal Special Revenue							10136
Fund Group			$	3,572,758	$	3,649,148	10137

State Special Revenue Fund Group

10138

4B2	800-631	Real Estate Appraisal Recovery	$	60,000		$	60,000	10139
4H9	800-608	Cemeteries	$	273,465		$	273,465	10140
4L5	800-609	Fireworks Training and Education	$	10,976		$	10,976	10141
4X2	800-619	Financial Institutions	$	2,020,798		$	2,200,843	10142
5B9	800-632	PI & Security Guard	$	1,188,716		$	~~1,188,716~~	10143
		Provider					0	10144
5K7	800-621	Penalty Enforcement	$	50,000		$	50,000	10145
543	800-602	Unclaimed Funds-Operating	$	7,051,051		$	7,051,051	10146
543	800-625	Unclaimed Funds-Claims	$	25,512,867		$	25,512,867	10147
544	800-612	Banks	$	6,657,997		$	6,657,997	10148
545	800-613	Savings Institutions	$	2,765,618		$	2,894,330	10149
546	800-610	Fire Marshal	$	7,855,076		$	11,787,994	10150
547	800-603	Real Estate Education/Research	$	250,000		$	250,000	10151
548	800-611	Real Estate Recovery	$	100,000		$	100,000	10152
549	800-614	Real Estate	$	3,586,754		$	3,705,892	10153
550	800-617	Securities	$	4,600,000		$	4,800,000	10154
552	800-604	Credit Union	$	2,613,356		$	2,751,852	10155
553	800-607	Consumer Finance	$	3,764,279		$	3,735,445	10156
556	800-615	Industrial Compliance	$	24,627,687		$	25,037,257	10157
6A4	800-630	Real Estate Appraiser-Operating	$	658,506		$	664,006	10158
653	800-629	UST Registration/Permit Fee	$	1,353,632		$	1,249,632	10159
TOTAL SSR State Special Revenue								10160
Fund Group			$	95,000,778		$	~~99,982,323~~	10161
			98,793,607		10162

Liquor Control Fund Group

10163

043	800-601	Merchandising	$	341,079,554		$	353,892,432	10164
043	800-627	Liquor Control Operating	$	17,248,488		$	15,981,346	10165
043	800-633	Economic Development Debt Service	$	23,277,500		$	29,029,500	10166
043	800-636	Revitalization Debt Service	$	4,747,800		$	9,736,300	10167
TOTAL LCF Liquor Control								10168
Fund Group			$	386,353,342		$	408,639,578	10169
TOTAL ALL BUDGET FUND GROUPS			$	495,663,973		$	~~523,157,022~~	10170
			521,968,306		10171

GRANTS-VOLUNTEER FIRE DEPARTMENTS

10172

The foregoing appropriation item 800-402, Grants-Volunteer	10173
Fire Departments, shall be used to make annual grants to volunteer	10174
fire departments of up to $10,000, or up to $25,000 if the	10175
volunteer fire department provides service for an area affected by	10176
a natural disaster. The grant program shall be administered by the	10177
Fire Marshal under the Department of Commerce. The Fire Marshal	10178
shall adopt rules necessary for the administration and operation	10179
of the grant program.	10180

SMALL GOVERNMENT FIRE DEPARTMENTS

10181

Upon the request of the Director of Commerce, the Director of	10182
Budget and Management shall transfer $250,000 cash in each fiscal	10183
year from the State Fire Marshal Fund (Fund 546) within the State	10184
Special Revenue Fund Group to the Small Government Fire	10185
Departments Fund (Fund 5F1) within the General Services Fund	10186
Group.	10187

Notwithstanding section 3737.17 of the Revised Code, the	10188
foregoing appropriation item 800-635, Small Government Fire	10189
Departments, may be used to provide loans to private fire	10190
departments.	10191

LABOR AND WORKER SAFETY

10192

The Department of Commerce may designate a portion of	10193
appropriation item 800-410, Labor and Worker Safety, to be used to	10194
match federal funding for the OSHA on-site consultation program.	10195

PENALTY ENFORCEMENT

10196

The foregoing appropriation item 800-621, Penalty	10197
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	10198
of the Revised Code.	10199

UNCLAIMED FUNDS PAYMENTS

10200

The foregoing appropriation item 800-625, Unclaimed	10201
Funds-Claims, shall be used to pay claims pursuant to section	10202
169.08 of the Revised Code. If it is determined that additional	10203
amounts are necessary, the amounts are hereby appropriated.	10204

BANKS FUND (FUND 544) TRANSFER TO THE GRF

10205

On July 31, 2003, or as soon as possible thereafter, the	10206
Director of Budget and Management may transfer up to $2,000,000	10207
cash from the Banks Fund (Fund 544) to the General Revenue Fund.	10208

FIRE MARSHAL FUND (FUND 546) TRANSFER TO THE GRF

10209

On July 31, 2003, or as soon as possible thereafter, the	10210
Director of Budget and Management may transfer up to $10,000,000	10211
cash from the Fire Marshal Fund (Fund 546) to the General Revenue	10212
Fund.	10213

REAL ESTATE FUND (FUND 549) TRANSFER TO THE GRF

10214

On July 31, 2003, or as soon as possible thereafter, the	10215
Director of Budget and Management may transfer up to $1,000,000	10216
cash from the Real Estate Fund (Fund 549) to the General Revenue	10217
Fund.	10218

INDUSTRIAL COMPLIANCE FUND (FUND 556) TRANSFER TO THE GRF

10219

On July 31, 2003, or as soon as possible thereafter, the	10220
Director of Budget and Management may transfer up to $1,000,000	10221
cash from the Industrial Compliance Fund (Fund 556), to the	10222
General Revenue Fund.	10223

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

10224

The foregoing appropriation item 800-601, Merchandising,	10225
shall be used pursuant to section 4301.12 of the Revised Code. If	10226
it is determined that additional amounts are necessary, the	10227
amounts are hereby appropriated.	10228

ECONOMIC DEVELOPMENT DEBT SERVICE

10229

The foregoing appropriation item 800-633, Economic	10230
Development Debt Service, shall be used to meet all payments at	10231
the times they are required to be made during the period from July	10232
1, 2003, to June 30, 2005, for bond service charges on obligations	10233
issued under Chapter 166. of the Revised Code. If it is determined	10234
that additional appropriations are necessary for this purpose,	10235
such amounts are hereby appropriated, subject to the limitations	10236
set forth in section 166.11 of the Revised Code. The General	10237
Assembly acknowledges that an appropriation for this purpose is	10238
not required, but is made in this form and in this act for record	10239
purposes only.	10240

REVITALIZATION DEBT SERVICE

10241

The foregoing appropriation item 800-636, Revitalization Debt	10242
Service, shall be used to pay debt service and related financing	10243
costs under sections 151.01 and 151.40 of the Revised Code during	10244
the period from July 1, 2003, to June 30, 2005. If it is	10245
determined that additional appropriations are necessary for this	10246
purpose, such amounts are hereby appropriated. The General	10247
Assembly acknowledges the priority of the pledge of a portion of	10248
receipts from that source to obligations issued and to be issued	10249
under Chapter 166. of the Revised Code.	10250

ADMINISTRATIVE ASSESSMENTS

10251

Notwithstanding any other provision of law to the contrary,	10252
Fund 163, Division of Administration, shall receive assessments	10253
from all operating funds of the department in accordance with	10254
procedures prescribed by the Director of Commerce and approved by	10255
the Director of Budget and Management.	10256

Sec. 85. DHS DEPARTMENT OF PUBLIC SAFETY

10257

General Revenue Fund

10258

GRF	763-403	Operating Expenses - EMA	$	4,058,188	$	4,058,188	10259
GRF	763-507	Individual and Households Grants	$	48,750	$	48,750	10260
GRF	769-321	Food Stamp Trafficking Enforcement Operations	$	800,000	$	800,000	10261
TOTAL GRF General Revenue Fund			$	4,906,938	$	4,906,938	10262

State Special Revenue Fund Group

10263

5B9	766-632		PI & Security Guard Provider		$	0		$	1,188,716		10264
TOTAL SSR State Special Revenue Fund Group					$	0		$	1,188,716		10265

TOTAL ALL BUDGET FUND GROUPS					$	4,906,938		$	~~4,906,938~~		10266
					6,095,654		10267

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

10268

Of the foregoing appropriation item 763-403, Operating	10269
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	10270
the Ohio Task Force One - Urban Search and Rescue Unit and other	10271
urban search and rescue programs around the state to create a	10272
stronger search and rescue capability statewide.	10273

INDIVIDUAL AND HOUSEHOLDS GRANTS STATE MATCH

10274

The foregoing appropriation item 763-507, Individual and	10275
Households Grants, shall be used to fund the state share of costs	10276
to provide grants to individuals and households in cases of	10277
disaster.	10278

PI & SECURITY GUARD PROVIDER FUND

10279

On July 1, 2004, the PI & Security Guard Provider Fund (Fund	10280
5B9) shall be transferred from the Department of Commerce to the	10281
Department of Public Safety. At the request of the Director of	10282
Commerce, the Director of Budget and Management may cancel	10283
encumbrances in these funds from the Department of Commerce's	10284
appropriation item 800-632, PI & Security Guard Provider, and	10285
reestablish such encumbrances or parts of encumbrances in fiscal	10286
year 2005 for the same purpose and to the same vendor in the	10287
Department of Public Safety's appropriation item 766-632, PI &	10288
Security Guard Provider. As determined by the Director of Budget	10289
and Management, the appropriation authority necessary to	10290
re-establish such encumbrances or parts of encumbrances in fiscal	10291
year 2005 for the Department of Public Safety is hereby granted.	10292

PI & SECURITY GUARD TRANSFER FROM COMMERCE TO PUBLIC SAFETY

10293

Notwithstanding any provision of law to the contrary, the	10294
Director of Budget and Management is authorized to take the	10295
actions described in this section. This section applies to budget	10296
changes made necessary by administrative reorganization, program	10297
transfers, the creation of new funds, and the consolidation of	10298
funds as authorized by this act. The Director of Budget and	10299
Management may make any transfers of cash balances between funds.	10300
At the request of the Office of Budget and Management, the	10301
administering agency head shall certify to the Director the amount	10302
or an estimate of the amount of the cash balance to be transferred	10303
to the receiving fund. The Director may transfer the amount or the	10304
estimate of the amount when needed to make payments. Not more than	10305
thirty days after certifying the estimated amount the	10306
administering agency head shall certify the final amount to the	10307
Director. The Director shall transfer the difference between any	10308
estimated amount previously transferred and the certified final	10309
amount.	10310

Any fiscal year 2004 unencumbered or unallotted appropriation	10311
balances may be transferred to the appropriate appropriation item	10312
to be used for the same purposes, as determined by the Director of	10313
Budget and Management.	10314

On July 1, 2004, the licensing and enforcement functions of	10315
the Department of Commerce, Division of Real Estate and	10316
Professional Licensing conducted pursuant to Chapter 4749. of the	10317
Revised Code and the assets, liabilities, any capital spending	10318
authority related thereto, equipment, and records, regardless of	10319
form or medium, relating to those functions are transferred to the	10320
Department of Public Safety. The Department of Public Safety	10321
thereupon assumes these functions.	10322

Any business commenced but not completed by the Director or	10323
Department of Commerce, Division of Real Estate and Professional	10324
Licensing pursuant to Chapter 4749. of the Revised Code on the	10325
effective date of this section relating to the functions	10326
transferred under this section shall be completed by the Director	10327
or Department of Public Safety in the same manner, and with the	10328
same effect, as if completed by the Director or Department of	10329
Commerce, Division of Real Estate and Professional Licensing. No	10330
validation, cure, right, privilege, remedy, obligation, or	10331
liability is lost or impaired by reason of the transfer of	10332
functions required by this section and shall be administered by	10333
the Department of Public Safety. All of the rules, orders, and	10334
determinations enacted or adopted by the Department of Commerce,	10335
Division of Real Estate and Professional Licensing relating to the	10336
transfer of these functions continue in effect as rules, orders,	10337
and determinations of the Department of Public Safety until	10338
modified or rescinded by the Department of Public Safety. If	10339
necessary to ensure the integrity of the numbering of the	10340
Administrative Code, the Director of the Legislative Service	10341
Commission shall renumber the rules of the Department of Commerce,	10342
Division of Real Estate and Professional Licensing enacted or	10343
adopted pursuant to Chapter 4749. of the Revised Code to reflect	10344
their transfer to the Department of Public Safety.	10345

Subject to the layoff provisions of sections 124.321 to	10346
124.328 of the Revised Code, all employees of the Department of	10347
Commerce, Division of Real Estate and Professional Licensing who	10348
perform functions pursuant to Chapter 4749. of the Revised Code	10349
that are transferred under this section are transferred to the	10350
Department of Public Safety. The vehicles and equipment assigned	10351
to such employees are also transferred to the Department of Public	10352
Safety.	10353

Whenever the Director or the Department of Commerce, or the	10354
Superintendent or the Division of Real Estate and Professional	10355
Licensing is referred to in any law, contract, or other document	10356
relating to the functions transferred under this section, the	10357
reference shall be deemed to refer to the Director or Department	10358
of Public Safety, whichever is appropriate.	10359

No action or proceeding pending and no license or	10360
registration issued as of the effective date of this section is	10361
affected by the transfer, and shall be recognized, prosecuted, or	10362
defended in the name of the Director of the Department of Public	10363
Safety. In all such actions, the Director or Department of Public	10364
Safety, upon application to the court, shall be substituted as a	10365
party.	10366

Section 5. That existing Sections 29 and 85 of Am. Sub. H.B.	10367
95 of the 125th General Assembly are hereby repealed.	10368

Section 6. That Section 6 of Sub. S.B. 59 of the 124th	10369
General Assembly be amended to read as follows:	10370

Sec. 6. (A) The Registrar of Motor Vehicles shall implement	10371
~~to the maximum extent practicable~~and have operational all	10372
provisions of sections 4501.01, 4503.03, 4503.035, 4503.10,	10373
4503.182, 4505.021, 4505.03, 4505.032, 4505.04, 4505.06, 4505.062,	10374
4505.08, 4505.09, 4505.10, 4505.102, 4505.11, 4505.12, 4505.13,	10375
4505.141, 4505.18, 4505.181, 4505.19, 4505.20, 4505.25, 4519.01,	10376
4519.03, 4519.51, 4519.511, 4519.512, 4519.52, 4519.521, 4519.53,	10377
4519.55, 4519.551, 4519.57, 4519.58, 4519.59, 4519.60, 4519.62,	10378
4519.631, 4519.66, 4519.67, and 4519.68 of the Revised Code as	10379
amended or enacted by ~~this act~~Sub. S.B. 59 of the 124th General	10380
Assembly, including especially all electronic titling provisions,	10381
and the provisions of Section 3 of ~~this act~~Sub. S.B. 59 of the	10382
124th General Assembly, by no later than ~~nine months after the~~	10383
~~effective date of this section~~December 31, 2005.	10384

The Chief of the Division of Watercraft in the Division of	10385
Natural Resources shall implement ~~to the maximum extent~~	10386
~~practicable~~and have operational all provisions of sections	10387
1548.02, 1548.021, 1548.03, 1548.06, 1548.061, 1548.08, 1548.09,	10388
1548.10, 1548.11, 1548.12, 1548.13, 1548.141, 1548.17, 1548.18,	10389
1548.19, and 1548.20 of the Revised Code as amended or enacted by	10390
~~this act~~Sub. S.B. 59 of the 124th General Assembly by no later	10391
than ~~nine months after the effective date of this section~~December	10392
31, 2005.	10393

(B) The Registrar shall prepare a written report describing	10394
the efforts of the Bureau of Motor Vehicles to fully implement the	10395
electronic titling provisions of Sub. S.B. 59 of the 124th General	10396
Assembly. The report shall include specific implementation dates	10397
and a timeline of actions the Bureau of Motor Vehicles will	10398
undertake to comply with the requirement of division (A) of this	10399
section that electronic titling be fully implemented and	10400
operational by December 31, 2005. Not later than December 1, 2004,	10401
the Registrar shall present the report to the Governor, the	10402
President of the Senate, the Speaker of the House of	10403
Representatives, and the chair and minority leaders of the	10404
standing committees of the Senate and the House of Representatives	10405
dealing primarily with motor vehicle issues.	10406

Section 7. That existing Section 6 of Sub. S.B. 59 of the	10407
124th General Assembly is hereby repealed.	10408

Section 8. The amendment by this act of sections 121.08,	10409
4749.02, 4749.03, 4749.04, 4749.05, 4749.06, 4749.07, 4749.08,	10410
4749.10, 4749.11, 4749.12, 4749.13, 4749.14, and 5502.01 of the	10411
Revised Code and Sections 29 and 85 of Am. Sub. H.B. 95 of the	10412
125th General Assembly is not subject to the referendum and, under	10413
Ohio Constitution, Article II, Section 1d and section 1.471 of the	10414
Revised Code, goes into effect on the day this act becomes law or	10415
on July 1, 2004, whichever is later.	10416

Section 9. The citizens advisory committee created within the	10417
Bureau of Motor Vehicles pursuant to section 4501.025 of the	10418
Revised Code, by December 31, 2004, shall make a written	10419
recommendation to the majority and minority leaders of the Senate	10420
and House of Representatives concerning whether the payments to	10421
clerks of the courts of common pleas established in Section 5 of	10422
Sub. S.B. 59 of the 124th General Assembly should be continued	10423
beyond March 31, 2005, the scheduled expiration. The committee	10424
shall consider all aspects of the revenue loss incurred by the	10425
clerks that is attributable to the implementation of Sub. S.B. 59	10426
of the 124th General Assembly and may make any recommendations to	10427
address any continuing revenue loss.	10428

Section 10. Section 4501.01 of the Revised Code is presented	10429
in this act as a composite of the section as amended by both Am.	10430
Sub. S.B. 123 and Am. Sub. S.B. 231 of the 124th General Assembly.	10431
Section 4503.03 of the Revised Code is presented in this act as a	10432
composite of the section as amended by both Sub. S.B. 59 and S.B.	10433
99 of the 124th General Assembly. Section 4505.06 of the Revised	10434
Code is presented in this act as a composite of the section as	10435
amended by both Am. Sub. H.B. 95 and Am. Sub. S.B. 37 of the 125th	10436
General Assembly. Sections 4505.13 and 4519.68 of the Revised Code	10437
are presented in this act as composites of the sections as amended	10438
by both Sub. S.B. 59 and Am. Sub. S.B. 74 of the 124th General	10439
Assembly. Section 4507.51 of the Revised Code is presented in this	10440
act as a composite of the section as amended by both Sub. H.B. 354	10441
and Am. Sub. S.B. 213 of the 122nd General Assembly. Section	10442
4511.01 of the Revised Code is presented in this act as a	10443
composite of the section as amended by both Am. Sub. S.B. 123 and	10444
Am. Sub. S.B. 231 of the 124th General Assembly. The General	10445
Assembly, applying the principle stated in division (B) of section	10446
1.52 of the Revised Code that amendments are to be harmonized if	10447
reasonably capable of simultaneous operation, finds that each	10448
composite is the resulting version of the section in effect prior	10449
to the effective date of the section as presented in this act.	10450