Sub. H. B. No. 230As Recommitted to the Senate Highways and Transportation Committee

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

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,

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 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,	49
307.055, 307.86, 1548.08, 1548.09, 1548.11, 1548.13, 1548.141,	50
1548.20, 2935.27, 2937.221, 3937.41, 3937.43, 3937.45, 4501.01,	51
4501.02, 4501.021, 4501.11, 4503.01, 4503.03, 4503.034, 4503.04,	52
4503.041, 4503.042, 4503.10, 4503.12, 4503.13, 4503.182, 4503.231,	53
4503.24, 4503.44, 4504.01, 4505.032, 4505.06, 4505.07, 4505.08,	54
4505.09, 4505.10, 4505.11, 4505.13, 4505.141, 4506.01, 4506.08,	55
4506.09, 4506.11, 4506.12, 4507.13, 4507.141, 4507.19, 4507.20,	56
4507.50, 4507.51, 4507.53, 4507.99, 4509.05, 4509.101, 4509.79,	57
4510.10, 4510.22, 4510.31, 4510.43, 4511.01, 4513.61, 4513.63,	58
4517.01, 4517.03, 4517.10, 4517.14, 4519.03, 4519.05, 4519.56,	59
4519.57, 4519.58, 4519.61, 4519.631, 4519.68, 4738.05, 4738.18,	60
4749.02, 4749.03, 4749.04, 4749.05, 4749.06, 4749.07, 4749.08,	61
4749.10, 4749.11, 4749.12, 4749.13, 4749.14, 4905.06, 4919.79,	62
4923.20, 5502.01, 5502.11, 5503.34, 5516.01, 5516.04, 5516.061,	63
5516.10, 5577.042, 5577.05, and 5577.99 be amended and sections	64
4503.036, 4503.642, 4505.022, 4507.1614, 4511.121, 4549.081,	65
4738.19, 4749.021, 5502.011, 5516.062, and 5577.15 of the Revised	66
Code be enacted to read as follows:	67

Sec. 109.801. (A)(1) Each year the following persons shall	68
complete successfully a firearms requalification program approved	69
by the executive director of the Ohio peace officer training	70
commission in accordance with rules adopted by the attorney	71
general pursuant to section 109.743 of the Revised Code: any	72
sheriff, deputy sheriff, marshal, deputy marshal, township	73
constable, chief of police or member of an organized police	74
department of a municipal corporation or township, chief of police	75
or member of a township police district police force,	76
superintendent of the state highway patrol, state highway patrol	77
trooper, special police officer of the state highway patrol	78
designated under section 5503.09 of the Revised Code, enforcement	79
agent employed under section 5502.14 of the Revised Code, or chief	80
of police of a university or college police department or state	81
university law enforcement officer appointed under section 3345.04	82
of the Revised Code; any parole or probation officer who carries a	83
firearm in the course of official duties; any employee of the	84
department of natural resources who is a natural resources law	85
enforcement staff officer, park officer, forest officer, preserve	86
officer, wildlife officer, or state watercraft officer who carries	87
a firearm in the course of official duties; the house of	88
representatives sergeant at arms if the house of representatives	89
sergeant at arms has arrest authority pursuant to division (E)(1)	90
of section 101.311 of the Revised Code; any assistant house of	91
representatives sergeant at arms; any employee of the department	92
of youth services who is designated pursuant to division (A)(2) of	93
section 5139.53 of the Revised Code as being authorized to carry a	94
firearm while on duty as described in that division; or a special	95
police officer employed by a municipal corporation at a municipal	96
airport or other municipal air navigation facility described in	97
division (A)(19) of section 109.71 of the Revised Code.	98

(2) No person listed in division (A)(1) of this section shall	99
carry a firearm during the course of official duties if the person	100
does not comply with division (A)(1) of this section.	101

(B) The hours that a sheriff spends attending a firearms	102
requalification program required by division (A) of this section	103
are in addition to the sixteen hours of continuing education that	104
are required by division (E) of section 311.01 of the Revised	105
Code.	106

(C) As used in this section, "firearm" has the same meaning	107
as in section 2923.11 of the Revised Code.	108

Sec. 121.08. (A) There is hereby created in the department	109
of commerce the position of deputy director of administration.	110
This officer shall be appointed by the director of commerce, serve	111
under the director's direction, supervision, and control, perform	112
the duties the director prescribes, and hold office during the	113
director's pleasure. The director of commerce may designate an	114
assistant director of commerce to serve as the deputy director of	115
administration. The deputy director of administration shall	116
perform the duties prescribed by the director of commerce in	117
supervising the activities of the division of administration of	118
the department of commerce.	119

(B) Except as provided in section 121.07 of the Revised Code,	120
the department of commerce shall have all powers and perform all	121
duties vested in the deputy director of administration, the state	122
fire marshal, the superintendent of financial institutions, the	123
superintendent of real estate and professional licensing, the	124
superintendent of liquor control, the superintendent of the	125
division of industrial compliance, the superintendent of labor and	126
worker safety, and the commissioner of securities, and shall have	127
all powers and perform all duties vested by law in all officers,	128
deputies, and employees of those offices. Except as provided in	129
section 121.07 of the Revised Code, wherever powers are conferred	130
or duties imposed upon any of those officers, the powers and	131
duties shall be construed as vested in the department of commerce.	132

(C)(1) There is hereby created in the department of commerce	133
a division of financial institutions, which shall have all powers	134
and perform all duties vested by law in the superintendent of	135
financial institutions. Wherever powers are conferred or duties	136
imposed upon the superintendent of financial institutions, those	137
powers and duties shall be construed as vested in the division of	138
financial institutions. The division of financial institutions	139
shall be administered by a superintendent of financial	140
institutions.	141

(2) All provisions of law governing the superintendent of	142
financial institutions shall apply to and govern the	143
superintendent of financial institutions provided for in this	144
section; all authority vested by law in the superintendent of	145
financial institutions with respect to the management of the	146
division of financial institutions shall be construed as vested in	147
the superintendent of financial institutions created by this	148
section with respect to the division of financial institutions	149
provided for in this section; and all rights, privileges, and	150
emoluments conferred by law upon the superintendent of financial	151
institutions shall be construed as conferred upon the	152
superintendent of financial institutions as head of the division	153
of financial institutions. The director of commerce shall not	154
transfer from the division of financial institutions any of the	155
functions specified in division (C)(2) of this section.	156

(D) There is hereby created in the department of commerce a	157
division of liquor control, which shall have all powers and	158
perform all duties vested by law in the superintendent of liquor	159
control. Wherever powers are conferred or duties are imposed upon	160
the superintendent of liquor control, those powers and duties	161
shall be construed as vested in the division of liquor control.	162
The division of liquor control shall be administered by a	163
superintendent of liquor control.	164

(E) The director of commerce shall not be interested,	165
directly or indirectly, in any firm or corporation which is a	166
dealer in securities as defined in sections 1707.01 and 1707.14 of	167
the Revised Code, or in any firm or corporation licensed under	168
sections 1321.01 to 1321.19 of the Revised Code.	169

(F) The director of commerce shall not have any official	170
connection with a savings and loan association, a savings bank, a	171
bank, a bank holding company, a savings and loan association	172
holding company, a consumer finance company, or a credit union	173
that is under the supervision of the division of financial	174
institutions, or a subsidiary of any of the preceding entities, or	175
be interested in the business thereof.	176

(G) There is hereby created in the state treasury the	177
division of administration fund. The fund shall receive	178
assessments on the operating funds of the department of commerce	179
in accordance with procedures prescribed by the director of	180
commerce and approved by the director of budget and management.	181
All operating expenses of the division of administration shall be	182
paid from the division of administration fund.	183

(H) There is hereby created in the department of commerce a	184
division of real estate and professional licensing, which shall be	185
under the control and supervision of the director of commerce. The	186
division of real estate and professional licensing shall be	187
administered by a superintendent of real estate and professional	188
licensing. The superintendent of real estate and professional	189
licensing shall exercise the powers and perform the functions and	190
duties delegated to the superintendent under Chapters 4735.,	191
~~4749.,~~ 4763., and 4767. of the Revised Code.	192

(I) There is hereby created in the department of commerce a	193
division of labor and worker safety, which shall have all powers	194
and perform all duties vested by law in the superintendent of	195
labor and worker safety. Wherever powers are conferred or duties	196
imposed upon the superintendent of labor and worker safety, those	197
powers and duties shall be construed as vested in the division of	198
labor and worker safety. The division of labor and worker safety	199
shall be under the control and supervision of the director of	200
commerce and be administered by a superintendent of labor and	201
worker safety. The superintendent of labor and worker safety shall	202
exercise the powers and perform the duties delegated to the	203
superintendent by the director under Chapters 4109., 4111., 4115.,	204
and 4167. of the Revised Code.	205

(J) The department of commerce or a division of the	206
department created by the Revised Code that is acting with	207
authorization on the ~~departments's~~department's behalf may request	208
from the bureau of criminal identification and investigation	209
pursuant to section 109.572 of the Revised Code, or coordinate	210
with appropriate federal, state, and local government agencies to	211
accomplish, criminal records checks for the persons whose	212
identities are required to be disclosed by an applicant for the	213
issuance or transfer of a permit, license, or certification issued	214
or transferred by the department or division. At or before the	215
time of making a request for a criminal records check, the	216
department or division may require any person whose identity is	217
required to be disclosed by an applicant for the issuance or	218
transfer of such a license, permit, or certification to submit to	219
the department or division valid fingerprint impressions in a	220
format and by any media or means acceptable to the bureau of	221
criminal identification and investigation and, when applicable,	222
the federal bureau of investigation. The department or division	223
may cause the bureau of criminal identification and investigation	224
to conduct a criminal records check through the federal bureau of	225
investigation only if the person for whom the criminal records	226
check would be conducted resides or works outside of this state or	227
has resided or worked outside of this state during the preceding	228
five years, or if a criminal records check conducted by the bureau	229
of criminal identification and investigation within this state	230
indicates that the person may have a criminal record outside of	231
this state.	232

In the case of a criminal records check under section 109.572	233
of the Revised Code, the department or division shall forward to	234
the bureau of criminal identification and investigation the	235
requisite form, fingerprint impressions, and fee described in	236
division (C) of that section. When requested by the department or	237
division in accordance with this section, the bureau of criminal	238
identification and investigation shall request from the federal	239
bureau of investigation any information it has with respect to the	240
person who is the subject of the requested criminal records check	241
and shall forward the requisite fingerprint impressions and	242
information to the federal bureau of investigation for that	243
criminal records check. After conducting a criminal records check	244
or receiving the results of a criminal records check from the	245
federal bureau of investigation, the bureau of criminal	246
identification and investigation shall provide the results to the	247
department or division.	248

The department or division may require any person about whom	249
a criminal records check is requested to pay to the department or	250
division the amount necessary to cover the fee charged to the	251
department or division by the bureau of criminal identification	252
and investigation under division (C)(3) of section 109.572 of the	253
Revised Code, including, when applicable, any fee for a criminal	254
records check conducted by the federal bureau of investigation.	255

Sec. 306.351. NoA regional transit authority ~~shall~~may	256
purchase ~~or operate any motor bus that is not a straight,~~	257
~~continuous vehicle, but instead has a flexible joint built within~~	258
~~the body or chassis of the motor bus, unless the motor bus is~~	259
~~manufactured or assembled within, or, if no such motor~~an	260
articulated bus only if the regional transit authority establishes	261
and follows a preference system for buses that are manufactured or	262
assembled within this state, ~~this state,~~or, if none, within the	263
United States.	264

Sec. 307.05. As used in this section, "emergency medical	265
service organization" has the same meaning as in section 4765.01	266
of the Revised Code.	267

A board of county commissioners may operate an ambulance	268
service organization or emergency medical service organization,	269
or, in counties with a population of forty thousand or less, may	270
operate a nonemergency patient transport service organization, or	271
may enter into a contract with one or more counties, townships,	272
municipal corporations, nonprofit corporations, joint emergency	273
medical services districts, fire and ambulance districts, or	274
private ambulance owners, regardless of whether such counties,	275
townships, municipal corporations, nonprofit corporations, joint	276
emergency medical services districts, fire and ambulance	277
districts, or private ambulance owners are located within or	278
without the state, in order to furnish or obtain the services of	279
ambulance service organizations, to furnish or obtain additional	280
services from ambulance service organizations in times of	281
emergency, to furnish or obtain the services of emergency medical	282
service organizations, or, in counties with a population of forty	283
thousand or less, to furnish or obtain services of nonemergency	284
patient transport service organizations, or may enter into a	285
contract with any such entity to furnish or obtain the interchange	286
of services from ambulance or emergency medical service	287
organizations, or, within counties with a population of forty	288
thousand or less, to furnish or obtain the interchange of services	289
from nonemergency patient transport service organizations, within	290
the territories of the contracting subdivisions. ~~Such~~Except in	291
the case of a contract with a joint emergency medical services	292
district to obtain the services of emergency medical service	293
organizations, such contracts shall not be entered into with a	294
public agency or nonprofit corporation that receives more than	295
half of its operating funds from governmental entities with the	296
intention of directly competing with the operation of other	297
ambulance service organizations, nonemergency patient transport	298
service organizations, or emergency medical service organizations	299
in the county unless the public agency or nonprofit corporation is	300
awarded the contract after submitting the lowest and best bid to	301
the board of county commissioners. Any county wishing to commence	302
operation of a nonemergency patient transport service organization	303
or wishing to enter into a contract for the first time to furnish	304
or obtain services from a nonemergency patient transport service	305
organization on or after March 1, 1993, including a county in	306
which a private provider has been providing the service, shall	307
demonstrate the need for public funding for the service to, and	308
obtain approval from, the state board of emergency medical	309
services or its immediate successor board prior to operating or	310
funding the organization.	311

When such an organization is operated by the board, the	312
organization may be administered by the board, by the county	313
sheriff, or by another county officer or employee designated by	314
the board. All rules, including the determining of reasonable	315
rates, necessary for the establishment, operation, and maintenance	316
of such an organization shall be adopted by the board.	317

A contract for services of an ambulance service, nonemergency	318
patient transport service, or emergency medical service	319
organization shall include the terms, conditions, and stipulations	320
as agreed to by the parties to the contract. It may provide for a	321
fixed annual charge to be paid at the times agreed upon and	322
stipulated in the contract, or for compensation based upon a	323
stipulated price for each run, call, or emergency or the number of	324
persons or pieces of apparatus employed, or the elapsed time of	325
service required in such run, call, or emergency, or any	326
combination thereof.	327

Sec. 307.055. (A) Subject to the terms and conditions of the	328
joint resolution creating it, each joint emergency medical	329
services district may furnish ambulance services and emergency	330
medical services by one of the following methods:	331

(1) By operating an emergency medical service organization as	332
defined in section 4765.01 of the Revised Code;	333

(2) By contracting for the operation of one or more	334
facilities pursuant to division (C) or (D) of this section;	335

(3) By providing necessary services and equipment to the	336
district either directly or under a contract entered into pursuant	337
to division (B) of this section;	338

(4) By providing service through any combination of methods	339
described in divisions (A)(1) to (3) of this section.	340

(B) In order to obtain ambulance service, to obtain	341
additional ambulance service in times of emergency, or to obtain	342
emergency medical services, a joint emergency medical services	343
district may enter into a contract, for a period not to exceed	344
three years, with one or more counties, townships, municipal	345
corporations, joint fire districts, other governmental units that	346
provide ambulance service or emergency medical services, nonprofit	347
corporations, or private ambulance owners, regardless of whether	348
the entities contracted with are located within or outside this	349
state, upon such terms as are agreed to, to furnish or receive	350
ambulance services or the interchange of ambulance services or	351
emergency medical services within the several territories of the	352
contracting subdivisions, if the contract is first authorized by	353
all boards of trustees and legislative authorities in the	354
territories to be served.	355

Such a contract may provide for a fixed annual charge to be	356
paid at the times agreed upon and stipulated in the contract; or	357
for compensation based on a stipulated price for each run, call,	358
or emergency or based on the elapsed time of service required for	359
each run, call, or emergency, or based on any combination of	360
these.	361

Expenditures of a district for ambulance service or emergency	362
medical service, whether pursuant to contract or otherwise, are	363
lawful expenditures, regardless of whether the district or the	364
party with which it contracts charges an additional fee to users	365
of the service.	366

(C) The board of trustees may enter into a contract with any	367
person, municipal corporation, township, or other political	368
subdivision, and any political subdivision may contract with the	369
board, for the operation and maintenance of emergency medical	370
services facilities regardless of whether the facilities used are	371
owned or leased by the district, by another political subdivision,	372
or by the contractor.	373

(D) The district may purchase, lease, and maintain all	374
materials, buildings, land, and equipment, including vehicles, the	375
board considers necessary for the district.	376

When the board finds, by resolution, that the district has	377
personal property that is not needed for public use, or is	378
obsolete or unfit for the use for which it was acquired, the board	379
may dispose of the property in the same manner as provided in	380
section 307.12 of the Revised Code.	381

(E) ~~Any~~Except in the case of a contract with a board of	382
county commissioners for the provision of services of an emergency	383
medical service organization, any contract entered into by a joint	384
emergency medical services district shall conform to the same	385
bidding requirements that apply to county contracts under sections	386
307.86 to 307.92 of the Revised Code.	387

(F) A county participating in a joint district may contribute	388
any of its rights or interests in real or personal property,	389
including money, and may contribute services to the district. Any	390
such contributions shall be made by a written agreement between	391
the contributing county and the district, specifying the	392
contribution as well as the rights of the participating counties	393
in the contributed property. Written agreements shall also be	394
prepared specifying the rights of participating counties in	395
property acquired by the district other than by contribution of a	396
participating county. Written agreements required by this division	397
may be amended only by written agreement of all parties to the	398
original agreement.	399

(G) A district's board of trustees, by adoption of an	400
appropriate resolution, may choose to have the Ohio medical	401
transportation board license any emergency medical service	402
organization the district operates. If a board adopts such a	403
resolution, Chapter 4766. of the Revised Code, except for sections	404
4766.06 and 4766.99 of the Revised Code, applies to the district	405
emergency medical service organization. All rules adopted under	406
the applicable sections of that chapter also apply to the	407
organization. A board, by adoption of an appropriate resolution,	408
may remove the district emergency medical service organization	409
from the jurisdiction of the Ohio medical transportation board.	410

Sec. 307.86. Anything to be purchased, leased, leased with	411
an option or agreement to purchase, or constructed, including, but	412
not limited to, any product, structure, construction,	413
reconstruction, improvement, maintenance, repair, or service,	414
except the services of an accountant, architect, attorney at law,	415
physician, professional engineer, construction project manager,	416
consultant, surveyor, or appraiser, by or on behalf of the county	417
or contracting authority, as defined in section 307.92 of the	418
Revised Code, at a cost in excess of twenty-five thousand dollars,	419
except as otherwise provided in division (D) of section 713.23 and	420
in sections 125.04, 307.022, 307.041, 307.861, 339.05, 340.03,	421
340.033, 4115.31 to 4115.35, 5119.16, 5513.01, 5543.19, 5713.01,	422
and 6137.05 of the Revised Code, shall be obtained through	423
competitive bidding. However, competitive bidding is not required	424
when any of the following applies:	425

(A) The board of county commissioners, by a unanimous vote of	426
its members, makes a determination that a real and present	427
emergency exists, and that determination and the reasons for it	428
are entered in the minutes of the proceedings of the board, when	429
either of the following applies:	430

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

431

(2) There is actual physical disaster to structures, radio	432
communications equipment, or computers.	433

For purposes of this division, "unanimous vote" means all	434
three members of a board of county commissioners when all three	435
members are present, or two members of the board if only two	436
members, constituting a quorum, are present.	437

Whenever a contract of purchase, lease, or construction is	438
exempted from competitive bidding under division (A)(1) of this	439
section because the estimated cost is less than fifty thousand	440
dollars, but the estimated cost is twenty-five thousand dollars or	441
more, the county or contracting authority shall solicit informal	442
estimates from no fewer than three persons who could perform the	443
contract, before awarding the contract. With regard to each such	444
contract, the county or contracting authority shall maintain a	445
record of such estimates, including the name of each person from	446
whom an estimate is solicited. The county or contracting authority	447
shall maintain the record for the longer of at least one year	448
after the contract is awarded or the amount of time the federal	449
government requires.	450

(B)(1) The purchase consists of supplies or a replacement or	451
supplemental part or parts for a product or equipment owned or	452
leased by the county, and the only source of supply for the	453
supplies, part, or parts is limited to a single supplier.	454

(2) The purchase consists of services related to information	455
technology, such as programming services, that are proprietary or	456
limited to a single source.	457

(C) The purchase is from the federal government, the state,	458
another county or contracting authority of another county, or a	459
board of education, township, or municipal corporation.	460

(D) The purchase is made by a county department of job and	461
family services under section 329.04 of the Revised Code and	462
consists of family services duties or workforce development	463
activities or is made by a county board of mental retardation and	464
developmental disabilities under section 5126.05 of the Revised	465
Code and consists of program services, such as direct and	466
ancillary client services, child day-care, case management	467
services, residential services, and family resource services.	468

(E) The purchase consists of criminal justice services,	469
social services programs, family services, or workforce	470
development activities by the board of county commissioners from	471
nonprofit corporations or associations under programs funded by	472
the federal government or by state grants.	473

(F) The purchase consists of any form of an insurance policy	474
or contract authorized to be issued under Title XXXIX of the	475
Revised Code or any form of health care plan authorized to be	476
issued under Chapter 1751. of the Revised Code, or any combination	477
of such policies, contracts, or plans that the contracting	478
authority is authorized to purchase, and the contracting authority	479
does all of the following:	480

(1) Determines that compliance with the requirements of this	481
section would increase, rather than decrease, the cost of the	482
purchase;	483

(2) Employs a competent consultant to assist the contracting	484
authority in procuring appropriate coverages at the best and	485
lowest prices;	486

(3) Requests issuers of the policies, contracts, or plans to	487
submit proposals to the contracting authority, in a form	488
prescribed by the contracting authority, setting forth the	489
coverage and cost of the policies, contracts, or plans as the	490
contracting authority desires to purchase;	491

(4) Negotiates with the issuers for the purpose of purchasing	492
the policies, contracts, or plans at the best and lowest price	493
reasonably possible.	494

(G) The purchase consists of computer hardware, software, or	495
consulting services that are necessary to implement a computerized	496
case management automation project administered by the Ohio	497
prosecuting attorneys association and funded by a grant from the	498
federal government.	499

(H) Child day-care services are purchased for provision to	500
county employees.	501

(I)(1) Property, including land, buildings, and other real	502
property, is leased for offices, storage, parking, or other	503
purposes, and all of the following apply:	504

(a) The contracting authority is authorized by the Revised	505
Code to lease the property.	506

(b) The contracting authority develops requests for proposals	507
for leasing the property, specifying the criteria that will be	508
considered prior to leasing the property, including the desired	509
size and geographic location of the property.	510

(c) The contracting authority receives responses from	511
prospective lessors with property meeting the criteria specified	512
in the requests for proposals by giving notice in a manner	513
substantially similar to the procedures established for giving	514
notice under section 307.87 of the Revised Code.	515

(d) The contracting authority negotiates with the prospective	516
lessors to obtain a lease at the best and lowest price reasonably	517
possible considering the fair market value of the property and any	518
relocation and operational costs that may be incurred during the	519
period the lease is in effect.	520

(2) The contracting authority may use the services of a real	521
estate appraiser to obtain advice, consultations, or other	522
recommendations regarding the lease of property under this	523
division.	524

(J) The purchase is made pursuant to section 5139.34 or	525
sections 5139.41 to 5139.46 of the Revised Code and is of programs	526
or services that provide case management, treatment, or prevention	527
services to any felony or misdemeanant delinquent, unruly youth,	528
or status offender under the supervision of the juvenile court,	529
including, but not limited to, community residential care, day	530
treatment, services to children in their home, or electronic	531
monitoring.	532

(K) The purchase is made by a public children services agency	533
pursuant to section 307.92 or 5153.16 of the Revised Code and	534
consists of family services, programs, or ancillary services that	535
provide case management, prevention, or treatment services for	536
children at risk of being or alleged to be abused, neglected, or	537
dependent children.	538

(L) The purchase is to obtain the services of emergency	539
medical service organizations under a contract made by the board	540
of county commissioners pursuant to section 307.05 of the Revised	541
Code with a joint emergency medical services district.	542

Any issuer of policies, contracts, or plans listed in	543
division (F) of this section and any prospective lessor under	544
division (I) of this section may have the issuer's or prospective	545
lessor's name and address, or the name and address of an agent,	546
placed on a special notification list to be kept by the	547
contracting authority, by sending the contracting authority that	548
name and address. The contracting authority shall send notice to	549
all persons listed on the special notification list. Notices shall	550
state the deadline and place for submitting proposals. The	551
contracting authority shall mail the notices at least six weeks	552
prior to the deadline set by the contracting authority for	553
submitting proposals. Every five years the contracting authority	554
may review this list and remove any person from the list after	555
mailing the person notification of that action.	556

Any contracting authority that negotiates a contract under	557
division (F) of this section shall request proposals and	558
renegotiate with issuers in accordance with that division at least	559
every three years from the date of the signing of such a contract.	560

Any consultant employed pursuant to division (F) of this	561
section and any real estate appraiser employed pursuant to	562
division (I) of this section shall disclose any fees or	563
compensation received from any source in connection with that	564
employment.	565

Sec. 1548.08. (A) When the clerk of a court of common pleas	566
issues a physical certificate of title for a watercraft or	567
outboard motor, the clerk shall issue it over the clerk's official	568
seal. All physical certificates of title to watercraft or outboard	569
motors shall contain the information required in the application	570
for them as prescribed by section 1548.07 of the Revised Code, as	571
well as spaces for the dates of notation and cancellation of each	572
lien, mortgage, or encumbrance, over the signature of the clerk.	573
If any certificate of title is issued for a watercraft or outboard	574
motor in which two persons are establishing joint ownership with	575
right of survivorship under section 2106.17 of the Revised Code,	576
the certificate, in addition to the information required by this	577
section, shall show that the two persons have established joint	578
ownership with right of survivorship in the watercraft or outboard	579
motor.	580

An assignment of certificate of title before a notary public	581
or other officer empowered to administer oaths shall appear on the	582
reverse side of each physical certificate of title in the form to	583
be prescribed by the chief of the division of watercraft. The	584
assignment form shall include a warranty that the signer is the	585
owner of the watercraft or outboard motor and that there are no	586
mortgages, liens, or encumbrances on the watercraft or outboard	587
motor except as are noted on the face of the certificate of title.	588

(B) An electronic certificate of title is an electronic	589
record stored in the automated title processing system that	590
establishes ownership of a watercraft or outboard motor, as well	591
as any security interests that exist in that watercraft or	592
outboard motor.	593

Sec. 1548.09. When the clerk of a court of common pleas	594
issues a physical certificate of title, the clerk shall issue the	595
certificate of title on a form and in ~~duplicate. One copy shall be~~	596
~~retained and filed~~a manner prescribed by the ~~clerk in the clerk's~~	597
~~office, and the information contained in it~~chief of the division	598
of watercraft. The clerk shall file a copy of the physical	599
evidence for the creation of the certificate of title in a manner	600
prescribed by the chief of the division of watercraft. A clerk may	601
retain digital images of documents used as evidence for issuance	602
of a certificate of title. Certified printouts of documents	603
retained as digital images shall have the same evidentiary value	604
as the original physical documents. The record of the issuance of	605
the certificate of title shall be ~~transmitted on the day it is~~	606
~~issued to~~maintained in the ~~chief of the division of watercraft~~	607
automated title processing system. The clerk shall sign and affix	608
the clerk's seal to the original certificate of title and, if	609
there are no liens on the watercraft or outboard motor, shall	610
deliver the certificate to the applicant. If there are one or more	611
liens on the watercraft or outboard motor, the clerk shall deliver	612
the certificate of title to the holder of the first lien.	613

The chief shall approve a uniform method of numbering	614
certificates of title. The numbering shall be in such manner that	615
the county of issuance is indicated. Numbers shall be assigned to	616
certificates of title in the manner approved by the chief. The	617
clerk shall file all certificates of title according to policies	618
prescribed by the chief, and the clerk shall maintain in the	619
clerk's office indexes for the certificates of title.	620

The clerk need not retain on file any certificate of title,	621
duplicate certificate of title, or memorandum certificate of	622
title, or supporting evidence of them, covering any watercraft or	623
outboard motor for a period longer than seven years after the date	624
of its filing; thereafter, the certificate and supporting	625
information may be destroyed. The clerk shall issue a duplicate	626
title, when duly applied for, of any title that has been	627
destroyed as provided in this section.	628

The clerk shall issue a physical certificate of title to an	629
applicant unless the applicant specifically requests the clerk not	630
to issue a physical certificate of title and instead to issue an	631
electronic certificate of title. The fact that a physical	632
certificate of title is not issued for a watercraft or outboard	633
motor does not affect ownership of the watercraft or outboard	634
motor. In that case, when the clerk completes the process of	635
entering certificate of title application information into the	636
automated title processing system, the effect of the completion of	637
the process is the same as if the clerk actually issued a physical	638
certificate of title for the watercraft or outboard motor.	639

Sec. 1548.11. (A) In the event of the transfer of ownership	640
of a watercraft or outboard motor by operation of law, as upon	641
inheritance, devise, bequest, order in bankruptcy, insolvency,	642
replevin, or execution of sale, or whenever the engine of a	643
watercraft is replaced by another engine, a watercraft or outboard	644
motor is sold to satisfy storage or repair charges, or	645
repossession is had upon default in performance of the terms of a	646
security agreement as provided in Chapter 1309. of the Revised	647
Code, a clerk of a court of common pleas, upon the surrender of	648
the prior certificate of title or the manufacturer's or importer's	649
certificate, or, when that is not possible, upon presentation of	650
satisfactory proof to the clerk of ownership and rights of	651
possession to the watercraft or outboard motor, and upon payment	652
of the fee prescribed in section 1548.10 of the Revised Code and	653
presentation of an application for certificate of title, may issue	654
to the applicant a certificate of title to the watercraft or	655
outboard motor. Only an affidavit by the person or agent of the	656
person to whom possession of the watercraft or outboard motor has	657
passed, setting forth the facts entitling the person to possession	658
and ownership, together with a copy of the journal entry, court	659
order, or instrument upon which the claim of possession and	660
ownership is founded, is satisfactory proof of ownership and right	661
of possession. If the applicant cannot produce such proof of	662
ownership, the applicant may apply directly to the chief of the	663
division of watercraft and submit such evidence as the applicant	664
has, and the chief, if the chief finds the evidence sufficient,	665
may authorize the clerk to issue a certificate of title. If the	666
chief finds the evidence insufficient, the applicant may petition	667
the court of common pleas for a court order ordering the clerk to	668
issue a certificate of title. The court shall grant or deny the	669
petition based on the sufficiency of the evidence presented to the	670
court. If, from the records in the office of the clerk, there	671
appears to be any lien on the watercraft or outboard motor, the	672
certificate of title shall contain a statement of the lien unless	673
the application is accompanied by proper evidence of its	674
extinction.	675

(B) Upon the death of one of the persons who have established	676
joint ownership with right of survivorship under section 2131.12	677
of the Revised Code in a watercraft or outboard motor and the	678
presentation to the clerk of the title and the certificate of	679
death of the deceased person, the clerk shall enter into the	680
records the transfer of the watercraft or outboard motor to the	681
surviving person, and the title to the watercraft or outboard	682
motor immediately passes to the surviving person. The transfer	683
does not affect any liens on the watercraft or outboard motor.	684

(C) The clerk shall transfer a decedent's interest in one	685
watercraft, one outboard motor, or one of each to the decedent's	686
surviving spouse as provided in section 2106.19 of the Revised	687
Code.	688

(D) Upon the death of an owner of a watercraft or outboard	689
motor designated in beneficiary form under section 2131.13 of the	690
Revised Code, upon application of the transfer-on-death	691
beneficiary or beneficiaries designated pursuant to that section,	692
and upon presentation to the clerk of the certificate of title and	693
the certificate of death of the deceased owner, the clerk shall	694
transfer the watercraft or outboard motor and issue a certificate	695
of title to the transfer-on-death beneficiary or beneficiaries.	696
The transfer does not affect any liens upon any watercraft or	697
outboard motor so transferred.	698

Sec. 1548.13. In the event of a lost or destroyed	699
certificate of title, application shall be made to a clerk of a	700
court of common pleas by the owner of the watercraft or outboard	701
motor, or the holder of a lien on it, for a certified copy of the	702
certificate upon a form prescribed by the chief of the division of	703
watercraft and accompanied by the fee prescribed by section	704
1548.10 of the Revised Code. The application shall be signed and	705
sworn to by the person making the application, and the clerk shall	706
issue a certified copy of the certificate of title to the person	707
entitled to receive it under this chapter. The certified copy	708
shall be plainly marked across its face with the word "duplicate,"	709
and any subsequent purchaser of the watercraft or outboard motor	710
in the chain of title originating through the certified copy	711
acquires only such rights in the watercraft or outboard motor as	712
the original holder of the certified copy had. Any purchaser of	713
the watercraft or outboard motor, at the time of purchase, may	714
require the seller to indemnify the purchaser and all subsequent	715
purchasers of the watercraft or outboard motor against any loss	716
that the purchaser or any subsequent purchaser may suffer by	717
reason of any claim presented upon the original certificate. In	718
the event of the recovery of the original certificate of title by	719
the owner, the owner shall surrender it immediately to ~~the~~a clerk	720
for cancellation.	721

The holder of a certificate of title for a watercraft or	722
outboard motor upon which is noted an existing lien, encumbrance,	723
or mortgage may apply at any time to a clerk for a memorandum	724
certificate, on a form prescribed by the chief, that is signed and	725
sworn to by the applicant. Upon receipt of the application	726
together with the fee prescribed by section 1548.10 of the Revised	727
Code, and if the application appears to be regular, the clerk	728
shall issue to the applicant a memorandum certificate for the	729
watercraft or outboard motor. If the memorandum certificate is	730
lost or destroyed, the holder of it may obtain a certified copy of	731
it by applying for the copy on a form prescribed by the chief,	732
accompanied by the fee prescribed in section 1548.10 of the	733
Revised Code. In the event of the recovery of the original	734
memorandum certificate by the owner, the owner shall surrender it	735
immediately to a clerk for cancellation. Such a memorandum	736
certificate is not assignable and constitutes no evidence of title	737
or of right to transfer or encumber the watercraft or outboard	738
motor described in it.	739

~~If an electronic certificate of title previously has been~~	740
~~issued for a watercraft or outboard motor, the~~The owner of ~~the~~a	741
watercraft or outboard motor may apply at any time to a clerk for	742
a non-negotiable evidence of ownership for the watercraft or	743
outboard motor.	744

Sec. 1548.141. The chief of the division of watercraft shall	745
enable the public to access watercraft and outboard motor title	746
information via electronic means. No fee shall be charged for this	747
access. The title information that must be so accessible is only	748
the title information that is in an electronic format at the time	749
a person requests this access.	750

The chief,shall establish procedures governing this access.	751
The procedures may be established by rule in accordance with	752
Chapter 119. of the Revised Code~~, shall adopt rules governing this~~	753
~~access~~. In adopting these ~~rules~~procedures, the chief shall confer	754
with the clerks of the courts of common pleas.	755

Access by the public to watercraft and outboard motor title	756
information under this section shall comply with all restrictions	757
contained in the Revised Code and federal law that govern the	758
disclosure of that information.	759

Sec. 1548.20. (A) Chapter 1309. of the Revised Code does	760
not permit or require the deposit, filing, or other record of a	761
security interest covering a watercraft or outboard motor for	762
which a certificate of title is required. Any security agreement	763
covering a security interest in a watercraft or outboard motor, if	764
it is accompanied by delivery of a manufacturer's or importer's	765
certificate and followed by actual and continued possession of	766
that certificate by the holder of the instrument, or, in the case	767
of a certificate of title, if a notation of the security agreement	768
has been made by a clerk of a court of common pleas on the face of	769
the certificate of title or the clerk has entered a notation of	770
the agreement into the automated title processing system and a	771
physical certificate of title for the watercraft or outboard motor	772
has not been issued, shall be valid as against the creditors of	773
the debtor, whether armed with process or not, and against	774
subsequent purchasers, secured parties, and other lienholders or	775
claimants. All security interests, liens, mortgages, and	776
encumbrances entered into the automated title processing system in	777
relation to a particular certificate of title, regardless of	778
whether a physical certificate of title is issued, take priority	779
according to the order of time in which they are entered into the	780
automated title processing system by the clerk. Exposure for sale	781
of any watercraft or outboard motor by its owner, with the	782
knowledge or with the knowledge and consent of the holder of any	783
security interest, lien, mortgage, or encumbrance on the	784
watercraft or outboard motor, shall not render the security	785
interest lien, mortgage, or encumbrance ineffective as against the	786
creditors of the owner or against holders of subsequent security	787
interests, liens, mortgages, or encumbrances upon the watercraft	788
or outboard motor.	789

(B) If a secured party presents evidence of the security	790
interest to a clerk of a court of common pleas together with the	791
certificate of title, if a physical certificate of title for the	792
watercraft or outboard motor exists, and the fee prescribed by	793
section 1548.10 of the Revised Code, the clerk, unless the secured	794
party specifically requests the clerk not to issue a physical	795
certificate of title, shall issue a new original certificate of	796
title from the automated title processing records. The new	797
certificate shall indicate the security interest and the date of	798
the security interest. The clerk also shall note the security	799
interest and its date in the clerk's files and enter that	800
information into the automated title processing system, and on	801
that day shall notify the chief of the division of watercraft. The	802
clerk shall indicate by appropriate notation on the security	803
agreement itself the fact that the security interest has been	804
noted on the certificate of title.	805

(C) If a security interest is fully discharged as a result of	806
its holder's receipt of good funds in the correct amount and if	807
the holder holds a physical certificate of title, the holder shall	808
note the discharge of the security interest over the holder's	809
signature on the face of the certificate of title, or, if there is	810
not sufficient space for the notation on the face of the	811
certificate of title, the holder shall note the discharge over the	812
holder's signature on a form prescribed by the chief. Except as	813
otherwise provided in this section, prior to delivering the	814
certificate of title to the owner, the holder or the holder's	815
agent shall convey the certificate of title or a separate sworn	816
statement of the discharge of the security interest and any	817
additional information the chief requires to a clerk. The	818
conveyance shall occur not more than seven business days after the	819
date good funds in the correct amount to fully discharge the	820
security interest have been credited to an account of the holder,	821
provided the holder has been provided accurate information	822
concerning the watercraft or outboard motor. Conveyance of the	823
certificate of title or separate sworn statement of the discharge	824
within the required seven business days may be indicated by	825
postmark or receipt by a clerk within that period. If the	826
discharge of the security interest appears to be genuine, the	827
clerk shall note the discharge of the security interest on the	828
face of the certificate of title, if it was so conveyed, and note	829
it in the automated title processing system ~~and upon the records~~	830
~~of the clerk~~.	831

If a security interest is fully discharged as a result of its	832
holder's receipt of good funds in the correct amount and the	833
holder does not hold a physical certificate of title, when the	834
holder notifies a clerk of the discharge of its security interest,	835
the holder at that time also may request the clerk to issue a	836
physical certificate of title to the watercraft or outboard motor.	837
The request shall specify whether the clerk is to send the	838
certificate of title directly to the owner or to the holder or the	839
holder's agent for transmission to the owner. If such a request is	840
made, the clerk shall issue a physical certificate of title and	841
send it to the specified person.	842

The clerk shall not honor such a request for a physical	843
certificate of title if it is not made by the holder at the same	844
time as the holder's notification to the clerk of the discharge of	845
its security interest.	846

(D)(1) In all cases, a secured party may choose to present a	847
clerk with evidence of a security interest via electronic means,	848
and the clerk shall enter the security interest into the automated	849
title processing system. A secured party also may choose to notify	850
a clerk of the discharge of its security interest via electronic	851
means, and the clerk shall enter the cancellation into the	852
automated title processing system.	853

(2) In the case of a security interest that is being	854
satisfied by a watercraft dealer to whom a certificate of title is	855
being transferred, the cancellation of the security interest shall	856
occur during the course of the transfer. The dealer shall submit a	857
discharge request to the secured party. A discharge request shall	858
include good funds in the correct amount to fully discharge the	859
security interest and accurate information concerning the	860
watercraft or outboard motor.	861

(3)(a) Upon receiving a discharge request that complies with	862
division (D)(2) of this section, except as otherwise provided in	863
this division, a secured party shall convey the certificate of	864
title, with the discharge of the security interest noted on its	865
face, to the dealer within seven business days after the date good	866
funds in the correct amount to fully discharge the security	867
interest have been credited to an account of the secured party.	868

If a secured party is unable to convey to the dealer a	869
certificate of title within the required seven business days, the	870
secured party instead shall convey to the dealer an affidavit	871
stating that the security interest has been discharged, together	872
with payment for a duplicate certificate of title, within that	873
period.	874

(b) Conveyance of a certificate of title, or affidavit and	875
required payment, from a secured party to a dealer under the	876
circumstances described in division (D)(3)(a) of this section	877
within the required seven business days may be indicated by a	878
postmark within that period.	879

(4) A secured party is liable to a dealer for a late fee of	880
ten dollars per day for each certificate of title, or affidavit	881
and required payment, conveyed to the dealer more than seven	882
business days but less than twenty-one days after the date	883
specified in division (D)(3)(a) of this section and, from then on,	884
twenty-five dollars per day until the certificate of title, or	885
affidavit and required payment, are conveyed to the dealer.	886

(E) If a physical certificate of title has not been issued	887
for a watercraft or outboard motor and all the security interests	888
relating to that watercraft or outboard motor have been	889
discharged, the owner of the watercraft or outboard motor may	890
obtain a physical certificate of title from the clerk of any court	891
of common pleas upon payment of the fee specified in section	892
1548.10 of the Revised Code.	893

(F) If a clerk of a court of common pleas, other than the	894
clerk of the court of common pleas of the county in which the	895
owner of a watercraft or outboard motor resides, enters a notation	896
of the existence of, or the cancellation of, a security interest	897
relating to the watercraft or outboard motor, the clerk shall	898
transmit the data relating to the notation to the automated title	899
processing system.	900

(G) The electronic transmission of security interest and	901
other information under this section shall comply with rules	902
adopted by the registrar of motor vehicles under section 4505.13	903
of the Revised Code.	904

(H) As used in this section:

905

(1) "Accurate information" means the serial number of the	906
watercraft or outboard motor, if any; the make and model of the	907
watercraft or outboard motor; and the name and address of the	908
owner of the watercraft or outboard motor as they appear on the	909
certificate of title that is to be conveyed.	910

(2) "Good funds" has the same meaning as in section 4505.13	911
of the Revised Code.	912

(3) "Watercraft dealer" has the same meaning as in section	913
1547.01 of the Revised Code.	914

Sec. 2935.27. (A)(1) If a law enforcement officer issues a	915
citation to a person pursuant to section 2935.26 of the Revised	916
Code and if the minor misdemeanor offense for which the citation	917
is issued is an act prohibited by Chapter 4511., 4513., or 4549.	918
of the Revised Code or an act prohibited by any municipal	919
ordinance that is substantially similar to any section contained	920
in Chapter 4511., 4513., or 4549. of the Revised Code, the officer	921
shall inform the person, if the person has a current valid Ohio	922
driver's or commercial driver's license, of the possible	923
consequences of the person's actions as required under division	924
(E) of this section, and also shall inform the person that the	925
person is required either to appear at the time and place stated	926
in the citation or to comply with division (C) of section 2935.26	927
of the Revised Code.	928

(2) If the person is an Ohio resident but does not have a	929
current valid Ohio driver's or commercial driver's license or if	930
the person is a resident of a state that is not a member of the	931
nonresident violator compact of which this state is a member	932
pursuant to section 4510.71 of the Revised Code, and if the court,	933
by local rule, has prescribed a procedure for the setting of a	934
reasonable security pursuant to division (F) of this section,	935
security shall be set in accordance with that local rule and that	936
division.	937

A court by local rule may prescribe a procedure for the	938
setting of reasonable security as described in this division. As	939
an alternative to this procedure, a court by local rule may	940
prescribe a procedure for the setting of a reasonable security by	941
the person without the person appearing before the court.	942

(B) A person who has security set under division (A)(2) of	943
this section shall be given a receipt or other evidence of the	944
deposit of the security by the court.	945

(C) Upon compliance with division (C) of section 2935.26 of	946
the Revised Code by a person who was issued a citation, the clerk	947
of the court shall notify the court. The court shall immediately	948
return any sum of money, license, or other security deposited in	949
relation to the citation to the person, or to any other person who	950
deposited the security.	951

(D) If a person who has a current valid Ohio driver's or	952
commercial driver's license and who was issued a citation fails to	953
appear at the time and place specified on the citation, fails to	954
comply with division (C) of section 2935.26 of the Revised Code,	955
or fails to comply with or satisfy any judgment of the court	956
within the time allowed by the court, the court shall declare the	957
~~suspension~~forfeiture of the person's license. Thirty days after	958
the declaration of forfeiture, the court shall enter information	959
relative to the ~~suspension~~forfeiture on a form approved and	960
furnished by the registrar of motor vehicles, and forward the form	961
to the registrar. The registrar shall suspend the person's	962
driver's or commercial driver's license, send written notification	963
of the suspension to the person at the person's last known	964
address, and order the person to surrender the person's driver's	965
or commercial driver's license to the registrar within forty-eight	966
hours. No valid driver's or commercial driver's license shall be	967
granted to the person until the court having jurisdiction of the	968
offense that led to the ~~suspension~~forfeiture orders that the	969
~~suspension~~forfeiture be terminated. The court shall so order if	970
the person, after having failed to appear in court at the required	971
time and place to answer the charge or after having pleaded guilty	972
to or been found guilty of the violation and having failed within	973
the time allowed by the court to pay the fine imposed by the	974
court, thereafter appears to answer the charge and pays any fine	975
imposed by the court or pays the fine originally imposed by the	976
court. The court shall inform the registrar of the termination of	977
the ~~suspension~~forfeiture by entering information relative to the	978
termination on a form approved and furnished by the registrar and	979
sending the form to the registrar as provided in this division.	980
The person shall pay to the bureau of motor vehicles a	981
fifteen-dollar ~~processing~~reinstatement fee to cover the costs of	982
the bureau in administering this section. The registrar shall	983
deposit the fees so paid into the state bureau of motor vehicles	984
fund created by section 4501.25 of the Revised Code.	985

In addition, upon receipt of the copy of the declaration of	986
~~suspension~~forfeiture from the court, neither the registrar nor	987
any deputy registrar shall accept any application for the	988
registration or transfer of registration of any motor vehicle	989
owned or leased by the person named in the declaration of	990
~~suspension~~forfeiture until the court having jurisdiction of the	991
offense that led to the ~~suspension~~forfeiture orders that the	992
~~suspension~~forfeiture be terminated. However, for a motor vehicle	993
leased by a person named in a declaration of ~~suspension~~	994
forfeiture, the registrar shall not implement the preceding	995
sentence until the registrar adopts procedures for that	996
implementation under section 4503.39 of the Revised Code. Upon	997
receipt by the registrar of an order terminating the ~~suspension~~	998
forfeiture, the registrar shall take such measures as may be	999
necessary to permit the person to register a motor vehicle owned	1000
or leased by the person or to transfer the registration of such a	1001
motor vehicle, if the person later makes application to take such	1002
action and the person otherwise is eligible to register the motor	1003
vehicle or to transfer the registration of it.	1004

The registrar is not required to give effect to any	1005
declaration of ~~suspension~~forfeiture or order terminating a	1006
~~suspension~~forfeiture unless the order is transmitted to the	1007
registrar by means of an electronic transfer system. The registrar	1008
shall not restore the person's driving or vehicle registration	1009
privileges until the person pays the reinstatement fee as provided	1010
in this division.	1011

If the person who was issued the citation fails to appear at	1012
the time and place specified on the citation and fails to comply	1013
with division (C) of section 2935.26 of the Revised Code and the	1014
person has deposited a sum of money or other security in relation	1015
to the citation under division (A)(2) of this section, the deposit	1016
immediately shall be forfeited to the court.	1017

This section does not preclude further action as authorized	1018
by division (F) of section 2935.26 of the Revised Code.	1019

(E) A law enforcement officer who issues a person a minor	1020
misdemeanor citation for an act prohibited by Chapter 4511.,	1021
4513., or 4549. of the Revised Code or an act prohibited by a	1022
municipal ordinance that is substantially similar to any section	1023
contained in Chapter 4511., 4513., or 4549. of the Revised Code	1024
shall inform the person that if the person does not appear at the	1025
time and place stated on the citation or does not comply with	1026
division (C) of section 2935.26 of the Revised Code, the person's	1027
driver's or commercial driver's license will be suspended, the	1028
person will not be eligible for the reissuance of the license or	1029
the issuance of a new license or the issuance of a certificate of	1030
registration for a motor vehicle owned or leased by the person,	1031
until the person appears and complies with all orders of the	1032
court. The person also is subject to any applicable criminal	1033
penalties.	1034

(F) A court setting security under division (A)(2) of this	1035
section shall do so in conformity with sections 2937.22 and	1036
2937.23 of the Revised Code and the Rules of Criminal Procedure.	1037

Sec. 2937.221. (A) A person arrested without warrant for any	1038
violation listed in division (B) of this section, and having a	1039
current valid Ohio driver's or commercial driver's license, if the	1040
person has been notified of the possible consequences of the	1041
person's actions as required by division (C) of this section, may	1042
post bond by depositing the license with the arresting officer if	1043
the officer and person so choose, or with the local court having	1044
jurisdiction if the court and person so choose. The license may be	1045
used as bond only during the period for which it is valid.	1046

When an arresting officer accepts the driver's or commercial	1047
driver's license as bond, the officer shall note the date, time,	1048
and place of the court appearance on "the violator's notice to	1049
appear," and the notice shall serve as a valid Ohio driver's or	1050
commercial driver's license until the date and time appearing	1051
thereon. The arresting officer immediately shall forward the	1052
license to the appropriate court.	1053

When a local court accepts the license as bond or continues	1054
the case to another date and time, it shall provide the person	1055
with a card in a form approved by the registrar of motor vehicles	1056
setting forth the license number, name, address, the date and time	1057
of the court appearance, and a statement that the license is being	1058
held as bond. The card shall serve as a valid license until the	1059
date and time contained in the card.	1060

The court may accept other bond at any time and return the	1061
license to the person. The court shall return the license to the	1062
person when judgment is satisfied, including, but not limited to,	1063
compliance with any court orders, unless a suspension or	1064
cancellation is part of the penalty imposed.	1065

Neither "the violator's notice to appear" nor a court-	1066
granted card shall continue driving privileges beyond the	1067
expiration date of the license.	1068

If the person arrested fails to appear in court at the date	1069
and time set by the court or fails to satisfy the judgment of the	1070
court, including, but not limited to, compliance with all court	1071
orders within the time allowed by the court, the court may ~~impose~~	1072
~~a class seven suspension~~declare the forfeiture of the person's	1073
license ~~from the range specified in division (A)(7) of section~~	1074
~~4510.02 of the Revised Code~~. Thirty days after the ~~suspension~~	1075
declaration of the forfeiture, the court shall forward the	1076
person's license to the registrar. The court also shall enter	1077
information relative to the ~~suspension~~forfeiture on a form	1078
approved and furnished by the registrar and send the form to the	1079
registrar~~, and the~~. The registrar shall suspend the person's	1080
license and send written notification of the suspension to the	1081
person at the person's last known address. No valid driver's or	1082
commercial driver's license shall be granted to the person until	1083
the ~~expiration of the period of the suspension or, prior to the~~	1084
~~expiration of that period, the~~ court having jurisdiction orders	1085
that the ~~suspension is~~forfeiture be terminated. ~~If the court~~	1086
~~terminates the suspension, the~~The court shall inform the	1087
registrar of the termination of the forfeiture by entering	1088
information relative to the termination on a form approved and	1089
furnished by the registrar and sending the form to the registrar.	1090
Upon the ~~expiration or~~ termination ~~of the suspension~~, the person	1091
shall pay to the bureau of motor vehicles a ~~processing~~	1092
reinstatement fee of fifteen dollars to cover the costs of the	1093
bureau in administering this section. The registrar shall deposit	1094
the fees so paid into the state bureau of motor vehicles fund	1095
created by section 4501.25 of the Revised Code.	1096

In addition, upon receipt from the court of the copy of the	1097
~~suspension~~declaration of forfeiture, neither the registrar nor	1098
any deputy registrar shall accept any application for the	1099
registration or transfer of registration of any motor vehicle	1100
owned by or leased in the name of the person named in the	1101
~~suspension~~declaration of forfeiture until the ~~expiration of the~~	1102
~~period of the suspension or, prior to the expiration of that~~	1103
~~period, the~~ court having jurisdiction over the offense that led to	1104
the suspension issues an order terminating the ~~suspension~~	1105
forfeiture. However, for a motor vehicle leased in the name of a	1106
person named in a ~~suspension~~declaration of forfeiture, the	1107
registrar shall not implement the preceding sentence until the	1108
registrar adopts procedures for that implementation under section	1109
4503.39 of the Revised Code. Upon ~~the expiration of the suspension~~	1110
~~or upon~~ receipt by the registrar of such an order ~~terminating the~~	1111
~~suspension~~, the registrar also shall take the measures necessary	1112
to permit the person to register a motor vehicle the person owns	1113
or leases or to transfer the registration of a motor vehicle the	1114
person owns or leases if the person later makes a proper	1115
application and otherwise is eligible to be issued or to transfer	1116
a motor vehicle registration.	1117

(B) Division (A) of this section applies to persons arrested	1118
for violation of:	1119

(1) Any of the provisions of Chapter 4511. or 4513. of the	1120
Revised Code, except sections 4511.19, 4511.20, 4511.251, and	1121
4513.36 of the Revised Code;	1122

(2) Any municipal ordinance substantially similar to a	1123
section included in division (B)(1) of this section;	1124

(3) Any bylaw, rule, or regulation of the Ohio turnpike	1125
commission substantially similar to a section included in division	1126
(B)(1) of this section.	1127

Division (A) of this section does not apply to those persons	1128
issued a citation for the commission of a minor misdemeanor under	1129
section 2935.26 of the Revised Code.	1130

(C) No license shall be accepted as bond by an arresting	1131
officer or by a court under this section until the officer or	1132
court has notified the person that, if the person deposits the	1133
license with the officer or court and either does not appear on	1134
the date and at the time set by the officer or the court, if the	1135
court sets a time, or does not satisfy any judgment rendered,	1136
including, but not limited to, compliance with all court orders,	1137
the license will be suspended, and the person will not be eligible	1138
for reissuance of the license or issuance of a new license, or the	1139
issuance of a certificate of registration for a motor vehicle	1140
owned or leased by the person until the person appears and	1141
complies with any order issued by the court. The person also is	1142
subject to any criminal penalties that may apply to the person.	1143

(D) The registrar shall not restore the person's driving or	1144
vehicle registration privileges until the person pays the	1145
reinstatement fee as provided in this section.	1146

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

1147

(1) "Ambulance" has the same meaning as in section 4765.01 of	1148
the Revised Code and also includes private ambulance companies	1149
under contract to a municipal corporation, township, or county.	1150

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

1151

(a) Any vehicle, as defined in section 4511.01 of the Revised	1152
Code, that is an emergency vehicle of a municipal, township, or	1153
county department or public utility corporation and that is	1154
identified as such as required by law, the director of public	1155
safety, or local authorities;	1156

(b) Any motor vehicle, as defined in section 4511.01 of the	1157
Revised Code, when commandeered by a police officer;	1158

(c) Any vehicle, as defined in section 4511.01 of the Revised	1159
Code, that is an emergency vehicle of a qualified nonprofit	1160
corporation police department established pursuant to section	1161
1702.80 of the Revised Code and that is identified as an emergency	1162
vehicle;	1163

(d) Any vehicle, as defined in section 4511.01 of the Revised	1164
Code, that is an emergency vehicle of a proprietary police	1165
department or security department of a hospital operated by a	1166
public hospital agency or a nonprofit hospital agency that employs	1167
police officers under section 4973.17 of the Revised Code, and	1168
that is identified as an emergency vehicle.	1169

(3) "Firefighter" means any regular, paid, member of a	1170
lawfully constituted fire department of a municipal corporation or	1171
township.	1172

(4) "Law enforcement officer" means a sheriff, deputy	1173
sheriff, constable, marshal, deputy marshal, municipal or township	1174
police officer, state highway patrol trooper, police officer	1175
employed by a qualified nonprofit police department pursuant to	1176
section 1702.80 of the Revised Code, or police officer employed by	1177
a proprietary police department or security department of a	1178
hospital operated by a public hospital agency or nonprofit	1179
hospital agency pursuant to section 4973.17 of the Revised Code.	1180

(5) "Motor vehicle accident" means any accident involving a	1181
motor vehicle which results in bodily injury to any person, or	1182
damage to the property of any person.	1183

(B) No insurer shall consider the circumstance that an	1184
applicant or policyholder has been involved in a motor vehicle	1185
accident while in the pursuit of the applicant's or policyholder's	1186
official duties as a law enforcement officer, firefighter, or	1187
operator of an emergency vehicle or ambulance, while operating a	1188
vehicle engaged in mowing or snow and ice removal as a county,	1189
township, or department of transportation employee, or while	1190
operating a vehicle while engaged in the pursuit of the	1191
applicant's or policyholder's official duties as a member of the	1192
~~commercial~~ motor ~~vehicle safety~~carrier enforcement unit of the	1193
state highway patrol under section 5503.34 of the Revised Code, as	1194
a basis for doing either of the following:	1195

(1) Refusing to issue or deliver a policy of insurance upon a	1196
private automobile, or increasing the rate to be charged for such	1197
a policy;	1198

(2) Increasing the premium rate, canceling, or failing to	1199
renew an existing policy of insurance upon a private automobile.	1200

(C) Any applicant or policyholder affected by an action of an	1201
insurer in violation of this section may appeal to the	1202
superintendent of insurance. After a hearing held upon not less	1203
than ten days' notice to the applicant or policyholder and to the	1204
insurer and if the superintendent determines that the insurer has	1205
violated this section, the superintendent may direct the issuance	1206
of a policy, decrease the premium rate on a policy, or reinstate	1207
insurance coverage.	1208

(D) The employer of the law enforcement officer, firefighter,	1209
or operator of an emergency vehicle or ambulance, operator of a	1210
vehicle engaged in mowing or snow and ice removal, or operator of	1211
a vehicle who is a member of the ~~commercial~~ motor ~~vehicle safety~~	1212
carrier enforcement unit, except as otherwise provided in division	1213
(F) of this section, shall certify to the state highway patrol or	1214
law enforcement agency that investigates the accident whether the	1215
officer, firefighter, or operator of an emergency vehicle or	1216
ambulance, operator of a vehicle engaged in mowing or snow and ice	1217
removal, or operator of a vehicle who is a member of the	1218
~~commercial~~ motor ~~vehicle safety~~carrier enforcement unit, was	1219
engaged in the performance of the person's official duties as such	1220
employee at the time of the accident. The employer shall designate	1221
an official authorized to make the certifications. The state	1222
highway patrol or law enforcement agency shall include the	1223
certification in any report of the accident forwarded to the	1224
department of public safety pursuant to sections 5502.11 and	1225
5502.12 of the Revised Code and shall forward the certification to	1226
the department if received after the report of the accident has	1227
been forwarded to the department. The registrar of motor vehicles	1228
shall not include an accident in a certified abstract of	1229
information under division (A) of section 4509.05 of the Revised	1230
Code, if the person involved has been so certified as having been	1231
engaged in the performance of the person's official duties at the	1232
time of the accident.	1233

(E) Division (B) of this section does not apply to an insurer	1234
whose policy covers the motor vehicle at the time the motor	1235
vehicle is involved in an accident described in division (B) of	1236
this section.	1237

(F) Division (B) of this section does not apply if an	1238
applicant or policyholder, on the basis of the applicant's or	1239
policyholder's involvement in an accident described in that	1240
division, is convicted of or pleads guilty or no contest to a	1241
violation of section 4511.19 of the Revised Code; of a municipal	1242
ordinance relating to operating a vehicle while under the	1243
influence of alcohol, a drug of abuse, or alcohol and a drug of	1244
abuse; or of a municipal ordinance relating to operating a vehicle	1245
with a prohibited concentration of alcohol in the blood, breath,	1246
or urine, or other bodily substance.	1247

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

1248

(1) "Automobile insurance policies" has the same meaning as	1249
in section 3937.30 of the Revised Code.	1250

(2) "Moving violation" means any violation of any statute or	1251
ordinance that regulates the operation of vehicles, streetcars, or	1252
trackless trolleys on highways or streets or that regulates size	1253
or load limitations or fitness requirements of vehicles. "Moving	1254
violation" does not include the violation of any statute or	1255
ordinance that regulates pedestrians or the parking of vehicles.	1256

(3) "Community control sanction" has the same meaning as in	1257
section 2929.01 of the Revised Code.	1258

(B) Every rating plan or schedule of rates for automobile	1259
insurance policies that is filed with the superintendent of	1260
insurance shall provide for an appropriate reduction in premium	1261
charges for any insured or applicant for insurance under the	1262
following conditions:	1263

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

1264

(2) The applicant or insured successfully completes a motor	1265
vehicle accident prevention course, which includes classroom	1266
instruction and the passing of an examination in accordance with	1267
both of the following:	1268

(a) The ~~state highway patrol~~department of public safety	1269
shall approve the course and the examination. However, the ~~state~~	1270
~~highway patrol~~department shall not approve any correspondence	1271
course or any other course that does not provide classroom	1272
instruction.	1273

(b) The examination shall include an actual demonstration of	1274
the applicant's or insured's ability to exercise ordinary and	1275
reasonable control in the operation of a motor vehicle.	1276

(3) The applicant or insured submits to the insurer a	1277
certificate that is issued by the sponsor of the motor vehicle	1278
accident prevention course and attests to the successful	1279
completion of the course by the applicant or insured;	1280

(4) The insurer may consider the driving record of the	1281
applicant or insured in accordance with divisions (C) and (D) of	1282
this section.	1283

(C) In determining whether to grant a reduction in premium	1284
charges in accordance with this section, the insurer may consider	1285
the driving record of the insured or applicant for a three-year	1286
period prior to the successful completion of a motor vehicle	1287
accident prevention course.	1288

(D)(1) Subject to division (D)(2) of this section, every	1289
reduction in premium charges granted in accordance with this	1290
section shall be effective for an insured for a three-year period	1291
after each successful completion of a motor vehicle accident	1292
prevention course.	1293

(2) As a condition of maintaining a reduction in premium	1294
charges granted in accordance with this section, an insurer may	1295
require that the insured, during the three-year period for which	1296
the reduction has been granted, neither be involved in an accident	1297
for which the insured is primarily at fault, nor be convicted of	1298
more than one moving violation.	1299

(E) A reduction in premium charges granted in accordance with	1300
this section shall not become effective until the first full term	1301
of coverage following the successful completion of a motor vehicle	1302
accident prevention course in accordance with division (B) of this	1303
section.	1304

(F) The ~~superintendent~~director of the ~~state highway patrol~~	1305
department of public safety shall adopt rules in accordance with	1306
Chapter 119. of the Revised Code that are necessary to carry out	1307
the duties of the ~~state highway patrol~~department under this	1308
section.	1309

(G) This section does not apply to any automobile insurance	1310
policy issued under an assigned risk plan pursuant to section	1311
4509.70 of the Revised Code.	1312

(H) This section does not apply to circumstances in which the	1313
motor vehicle accident prevention course is required by a court as	1314
a condition of a community control sanction imposed for a moving	1315
violation.	1316

Sec. 3937.45. (A) No insurer shall consider the circumstance	1317
that an applicant or policyholder has been convicted of any	1318
violation of the weight provisions of Chapter 5577. of the Revised	1319
Code, or a substantially similar municipal ordinance relating to	1320
vehicle weight as a basis for doing either of the following:	1321

(1) Refusing to issue or deliver a policy of insurance upon a	1322
private automobile, or increasing the rate to be charged for such	1323
a policy;	1324

(2) Increasing the premium rate, canceling, or failing to	1325
renew an existing policy of insurance upon a private automobile.	1326

(B) Any applicant or policyholder affected by an action of an	1327
insurer in violation of division (A) of this section may appeal to	1328
the superintendent of insurance. After a hearing held upon not	1329
less than ten days' notice to the applicant or policyholder and to	1330
the insurer and ~~if he determines~~after determining that the	1331
insurer has violated this section, the superintendent may direct	1332
the issuance of a policy, decrease the premium rate on a policy,	1333
or reinstate insurance coverage.	1334

(C) The registrar shall not include the conviction for a	1335
violation of the weight provisions of Chapter 5577. of the Revised	1336
Code, or a substantially similar municipal ordinance relating to	1337
vehicle weight as part of the driver's or operator's permanent	1338
record and shall not include the conviction in a certified	1339
abstract of information under division ~~(B)~~(A) of section 4509.05	1340
of the Revised Code.	1341

(D) Division (A) of this section does not apply to an insurer	1342
whose policy covers the vehicle, trackless trolley, load, object,	1343
or structure operated or moved upon improved public highways,	1344
streets, bridges, or culverts in violation of the weight	1345
provisions of Chapter 5577. of the Revised Code, or a	1346
substantially similar municipal ordinance relating to vehicle	1347
weight.	1348

Sec. 4501.01. As used in this chapter and Chapters 4503.,	1349
4505., 4507., 4509., 4510., 4511., 4513., 4515., and 4517. of the	1350
Revised Code, and in the penal laws, except as otherwise provided:	1351

(A) "Vehicles" means everything on wheels or runners,	1352
including motorized bicycles, but does not mean electric personal	1353
assistive mobility devices, vehicles that are operated exclusively	1354
on rails or tracks or from overhead electric trolley wires, and	1355
vehicles that belong to any police department, municipal fire	1356
department, or volunteer fire department, or that are used by such	1357
a department in the discharge of its functions.	1358

(B) "Motor vehicle" means any vehicle, including mobile homes	1359
and recreational vehicles, that is propelled or drawn by power	1360
other than muscular power or power collected from overhead	1361
electric trolley wires. "Motor vehicle" does not include motorized	1362
bicycles, road rollers, traction engines, power shovels, power	1363
cranes, and other equipment used in construction work and not	1364
designed for or employed in general highway transportation,	1365
well-drilling machinery, ditch-digging machinery, farm machinery,	1366
trailers that are used to transport agricultural produce or	1367
agricultural production materials between a local place of storage	1368
or supply and the farm when drawn or towed on a public road or	1369
highway at a speed of twenty-five miles per hour or less,	1370
threshing machinery, hay-baling machinery, corn sheller,	1371
hammermill and agricultural tractors, machinery used in the	1372
production of horticultural, agricultural, and vegetable products,	1373
and trailers that are designed and used exclusively to transport a	1374
boat between a place of storage and a marina, or in and around a	1375
marina, when drawn or towed on a public road or highway for a	1376
distance of no more than ten miles and at a speed of twenty-five	1377
miles per hour or less.	1378

(C) "Agricultural tractor" and "traction engine" mean any	1379
self-propelling vehicle that is designed or used for drawing other	1380
vehicles or wheeled machinery, but has no provisions for carrying	1381
loads independently of such other vehicles, and that is used	1382
principally for agricultural purposes.	1383

(D) "Commercial tractor," except as defined in division (C)	1384
of this section, means any motor vehicle that has motive power and	1385
either is designed or used for drawing other motor vehicles, or is	1386
designed or used for drawing another motor vehicle while carrying	1387
a portion of the other motor vehicle or its load, or both.	1388

(E) "Passenger car" means any motor vehicle that is designed	1389
and used for carrying not more than nine persons and includes any	1390
motor vehicle that is designed and used for carrying not more than	1391
fifteen persons in a ridesharing arrangement.	1392

(F) "Collector's vehicle" means any motor vehicle or	1393
agricultural tractor or traction engine that is of special	1394
interest, that has a fair market value of one hundred dollars or	1395
more, whether operable or not, and that is owned, operated,	1396
collected, preserved, restored, maintained, or used essentially as	1397
a collector's item, leisure pursuit, or investment, but not as the	1398
owner's principal means of transportation. "Licensed collector's	1399
vehicle" means a collector's vehicle, other than an agricultural	1400
tractor or traction engine, that displays current, valid license	1401
tags issued under section 4503.45 of the Revised Code, or a	1402
similar type of motor vehicle that displays current, valid license	1403
tags issued under substantially equivalent provisions in the laws	1404
of other states.	1405

(G) "Historical motor vehicle" means any motor vehicle that	1406
is over twenty-five years old and is owned solely as a collector's	1407
item and for participation in club activities, exhibitions, tours,	1408
parades, and similar uses, but that in no event is used for	1409
general transportation.	1410

(H) "Noncommercial motor vehicle" means any motor vehicle,	1411
including a farm truck as defined in section 4503.04 of the	1412
Revised Code, that is designed by the manufacturer to carry a load	1413
of no more than one ton and is used exclusively for purposes other	1414
than engaging in business for profit.	1415

(I) "Bus" means any motor vehicle that has motor power and is	1416
designed and used for carrying more than nine passengers, except	1417
any motor vehicle that is designed and used for carrying not more	1418
than fifteen passengers in a ridesharing arrangement.	1419

(J) "Commercial car" or "truck" means any motor vehicle that	1420
has motor power and is designed and used for carrying merchandise	1421
or freight, or that is used as a commercial tractor.	1422

(K) "Bicycle" means every device, other than a tricycle that	1423
is designed solely for use as a play vehicle by a child, that is	1424
propelled solely by human power upon which any person may ride,	1425
and that has either two tandem wheels, or one wheel in front and	1426
two wheels in the rear, any of which is more than fourteen inches	1427
in diameter.	1428

(L) "Motorized bicycle" means any vehicle that either has two	1429
tandem wheels or one wheel in the front and two wheels in the	1430
rear, that is capable of being pedaled, and that is equipped with	1431
a helper motor of not more than fifty cubic centimeters piston	1432
displacement that produces no more than one brake horsepower and	1433
is capable of propelling the vehicle at a speed of no greater than	1434
twenty miles per hour on a level surface.	1435

(M) "Trailer" means any vehicle without motive power that is	1436
designed or used for carrying property or persons wholly on its	1437
own structure and for being drawn by a motor vehicle, and includes	1438
any such vehicle that is formed by or operated as a combination of	1439
a semitrailer and a vehicle of the dolly type such as that	1440
commonly known as a trailer dolly, a vehicle used to transport	1441
agricultural produce or agricultural production materials between	1442
a local place of storage or supply and the farm when drawn or	1443
towed on a public road or highway at a speed greater than	1444
twenty-five miles per hour, and a vehicle that is designed and	1445
used exclusively to transport a boat between a place of storage	1446
and a marina, or in and around a marina, when drawn or towed on a	1447
public road or highway for a distance of more than ten miles or at	1448
a speed of more than twenty-five miles per hour. "Trailer" does	1449
not include a manufactured home or travel trailer.	1450

(N) "Noncommercial trailer" means any trailer, except a	1451
travel trailer or trailer that is used to transport a boat as	1452
described in division (B) of this section, but, where applicable,	1453
includes a vehicle that is used to transport a boat as described	1454
in division (M) of this section, that has a gross weight of no	1455
more than three thousand pounds, and that is used exclusively for	1456
purposes other than engaging in business for a profit.	1457

(O) "Mobile home" means a building unit or assembly of closed	1458
construction that is fabricated in an off-site facility, is more	1459
than thirty-five body feet in length or, when erected on site, is	1460
three hundred twenty or more square feet, is built on a permanent	1461
chassis, is transportable in one or more sections, and does not	1462
qualify as a manufactured home as defined in division (C)(4) of	1463
section 3781.06 of the Revised Code or as an industrialized unit	1464
as defined in division (C)(3) of section 3781.06 of the Revised	1465
Code.	1466

(P) "Semitrailer" means any vehicle of the trailer type that	1467
does not have motive power and is so designed or used with another	1468
and separate motor vehicle that in operation a part of its own	1469
weight or that of its load, or both, rests upon and is carried by	1470
the other vehicle furnishing the motive power for propelling	1471
itself and the vehicle referred to in this division, and includes,	1472
for the purpose only of registration and taxation under those	1473
chapters, any vehicle of the dolly type, such as a trailer dolly,	1474
that is designed or used for the conversion of a semitrailer into	1475
a trailer.	1476

(Q) "Recreational vehicle" means a vehicular portable	1477
structure that meets all of the following conditions:	1478

(1) It is designed for the sole purpose of recreational	1479
travel.	1480

(2) It is not used for the purpose of engaging in business	1481
for profit.	1482

(3) It is not used for the purpose of engaging in intrastate	1483
commerce.	1484

(4) It is not used for the purpose of commerce as defined in	1485
49 C.F.R. 383.5, as amended.	1486

(5) It is not regulated by the public utilities commission	1487
pursuant to Chapter 4919., 4921., or 4923. of the Revised Code.	1488

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

1489

(a) "Travel trailer" means a nonself-propelled recreational	1490
vehicle that does not exceed an overall length of thirty-five	1491
feet, exclusive of bumper and tongue or coupling, and contains	1492
less than three hundred twenty square feet of space when erected	1493
on site. "Travel trailer" includes a tent-type fold-out camping	1494
trailer as defined in section 4517.01 of the Revised Code.	1495

(b) "Motor home" means a self-propelled recreational vehicle	1496
that has no fifth wheel and is constructed with permanently	1497
installed facilities for cold storage, cooking and consuming of	1498
food, and for sleeping.	1499

(c) "Truck camper" means a nonself-propelled recreational	1500
vehicle that does not have wheels for road use and is designed to	1501
be placed upon and attached to a motor vehicle. "Truck camper"	1502
does not include truck covers that consist of walls and a roof,	1503
but do not have floors and facilities enabling them to be used as	1504
a dwelling.	1505

(d) "Fifth wheel trailer" means a vehicle that is of such	1506
size and weight as to be movable without a special highway permit,	1507
that has a gross trailer area of four hundred square feet or less,	1508
that is constructed with a raised forward section that allows a	1509
bi-level floor plan, and that is designed to be towed by a vehicle	1510
equipped with a fifth-wheel hitch ordinarily installed in the bed	1511
of a truck.	1512

(e) "Park trailer" means a vehicle that is commonly known as	1513
a park model recreational vehicle, meets the American national	1514
standard institute standard A119.5 (1988) for park trailers, is	1515
built on a single chassis, has a gross trailer area of four	1516
hundred square feet or less when set up, is designed for seasonal	1517
or temporary living quarters, and may be connected to utilities	1518
necessary for the operation of installed features and appliances.	1519

(R) "Pneumatic tires" means tires of rubber and fabric or	1520
tires of similar material, that are inflated with air.	1521

(S) "Solid tires" means tires of rubber or similar elastic	1522
material that are not dependent upon confined air for support of	1523
the load.	1524

(T) "Solid tire vehicle" means any vehicle that is equipped	1525
with two or more solid tires.	1526

(U) "Farm machinery" means all machines and tools that are	1527
used in the production, harvesting, and care of farm products, and	1528
includes trailers that are used to transport agricultural produce	1529
or agricultural production materials between a local place of	1530
storage or supply and the farm when drawn or towed on a public	1531
road or highway at a speed of twenty-five miles per hour or less.	1532

(V) "Owner" includes any person or firm, other than a	1533
manufacturer or dealer, that has title to a motor vehicle, except	1534
that, in sections 4505.01 to 4505.19 of the Revised Code, "owner"	1535
includes in addition manufacturers and dealers.	1536

(W) "Manufacturer" and "dealer" include all persons and firms	1537
that are regularly engaged in the business of manufacturing,	1538
selling, displaying, offering for sale, or dealing in motor	1539
vehicles, at an established place of business that is used	1540
exclusively for the purpose of manufacturing, selling, displaying,	1541
offering for sale, or dealing in motor vehicles. A place of	1542
business that is used for manufacturing, selling, displaying,	1543
offering for sale, or dealing in motor vehicles shall be deemed to	1544
be used exclusively for those purposes even though snowmobiles or	1545
all-purpose vehicles are sold or displayed for sale thereat, even	1546
though farm machinery is sold or displayed for sale thereat, or	1547
even though repair, accessory, gasoline and oil, storage, parts,	1548
service, or paint departments are maintained thereat, or, in any	1549
county having a population of less than seventy-five thousand at	1550
the last federal census, even though a department in a place of	1551
business is used to dismantle, salvage, or rebuild motor vehicles	1552
by means of used parts, if such departments are operated for the	1553
purpose of furthering and assisting in the business of	1554
manufacturing, selling, displaying, offering for sale, or dealing	1555
in motor vehicles. Places of business or departments in a place of	1556
business used to dismantle, salvage, or rebuild motor vehicles by	1557
means of using used parts are not considered as being maintained	1558
for the purpose of assisting or furthering the manufacturing,	1559
selling, displaying, and offering for sale or dealing in motor	1560
vehicles.	1561

(X) "Operator" includes any person who drives or operates a	1562
motor vehicle upon the public highways.	1563

(Y) "Chauffeur" means any operator who operates a motor	1564
vehicle, other than a taxicab, as an employee for hire; or any	1565
operator whether or not the owner of a motor vehicle, other than a	1566
taxicab, who operates such vehicle for transporting, for gain,	1567
compensation, or profit, either persons or property owned by	1568
another. Any operator of a motor vehicle who is voluntarily	1569
involved in a ridesharing arrangement is not considered an	1570
employee for hire or operating such vehicle for gain,	1571
compensation, or profit.	1572

(Z) "State" includes the territories and federal districts of	1573
the United States, and the provinces of Canada.	1574

(AA) "Public roads and highways" for vehicles includes all	1575
public thoroughfares, bridges, and culverts.	1576

(BB) "Manufacturer's number" means the manufacturer's	1577
original serial number that is affixed to or imprinted upon the	1578
chassis or other part of the motor vehicle.	1579

(CC) "Motor number" means the manufacturer's original number	1580
that is affixed to or imprinted upon the engine or motor of the	1581
vehicle.	1582

(DD) "Distributor" means any person who is authorized by a	1583
motor vehicle manufacturer to distribute new motor vehicles to	1584
licensed motor vehicle dealers at an established place of business	1585
that is used exclusively for the purpose of distributing new motor	1586
vehicles to licensed motor vehicle dealers, except when the	1587
distributor also is a new motor vehicle dealer, in which case the	1588
distributor may distribute at the location of the distributor's	1589
licensed dealership.	1590

(EE) "Ridesharing arrangement" means the transportation of	1591
persons in a motor vehicle where the transportation is incidental	1592
to another purpose of a volunteer driver and includes ridesharing	1593
arrangements known as carpools, vanpools, and buspools.	1594

(FF) "Apportionable vehicle" means any vehicle that is used	1595
or intended for use in two or more international registration plan	1596
member jurisdictions that allocate or proportionally register	1597
vehicles, that is used for the transportation of persons for hire	1598
or designed, used, or maintained primarily for the transportation	1599
of property, and that meets any of the following qualifications:	1600

(1) Is a power unit having a gross vehicle weight in excess	1601
of twenty-six thousand pounds;	1602

(2) Is a power unit having three or more axles, regardless of	1603
the gross vehicle weight;	1604

(3) Is a combination vehicle with a gross vehicle weight in	1605
excess of twenty-six thousand pounds.	1606

"Apportionable vehicle" does not include recreational	1607
vehicles, vehicles displaying restricted plates, city pick-up and	1608
delivery vehicles, buses used for the transportation of chartered	1609
parties, or vehicles owned and operated by the United States, this	1610
state, or any political subdivisions thereof.	1611

(GG) "Chartered party" means a group of persons who contract	1612
as a group to acquire the exclusive use of a passenger-carrying	1613
motor vehicle at a fixed charge for the vehicle in accordance with	1614
the carrier's tariff, lawfully on file with the United States	1615
department of transportation, for the purpose of group travel to a	1616
specified destination or for a particular itinerary, either agreed	1617
upon in advance or modified by the chartered group after having	1618
left the place of origin.	1619

(HH) "International registration plan" means a reciprocal	1620
agreement of member jurisdictions that is endorsed by the American	1621
association of motor vehicle administrators, and that promotes and	1622
encourages the fullest possible use of the highway system by	1623
authorizing apportioned registration of fleets of vehicles and	1624
recognizing registration of vehicles apportioned in member	1625
jurisdictions.	1626

(II) "Restricted plate" means a license plate that has a	1627
restriction of time, geographic area, mileage, or commodity, and	1628
includes license plates issued to farm trucks under division	1629
~~(K)~~(J) of section 4503.04 of the Revised Code.	1630

(JJ) "Gross vehicle weight," with regard to any commercial	1631
car, trailer, semitrailer, or bus that is taxed at the rates	1632
established under section 4503.042 of the Revised Code, means the	1633
unladen weight of the vehicle fully equipped plus the maximum	1634
weight of the load to be carried on the vehicle.	1635

(KK) "Combined gross vehicle weight" with regard to any	1636
combination of a commercial car, trailer, and semitrailer, that is	1637
taxed at the rates established under section 4503.042 of the	1638
Revised Code, means the total unladen weight of the combination of	1639
vehicles fully equipped plus the maximum weight of the load to be	1640
carried on that combination of vehicles.	1641

(LL) "Chauffeured limousine" means a motor vehicle that is	1642
designed to carry nine or fewer passengers and is operated for	1643
hire on an hourly basis pursuant to a prearranged contract for the	1644
transportation of passengers on public roads and highways along a	1645
route under the control of the person hiring the vehicle and not	1646
over a defined and regular route. "Prearranged contract" means an	1647
agreement, made in advance of boarding, to provide transportation	1648
from a specific location in a chauffeured limousine at a fixed	1649
rate per hour or trip. "Chauffeured limousine" does not include	1650
any vehicle that is used exclusively in the business of funeral	1651
directing.	1652

(MM) "Manufactured home" has the same meaning as in division	1653
(C)(4) of section 3781.06 of the Revised Code.	1654

(NN) "Acquired situs," with respect to a manufactured home or	1655
a mobile home, means to become located in this state by the	1656
placement of the home on real property, but does not include the	1657
placement of a manufactured home or a mobile home in the inventory	1658
of a new motor vehicle dealer or the inventory of a manufacturer,	1659
remanufacturer, or distributor of manufactured or mobile homes.	1660

(OO) "Electronic" includes electrical, digital, magnetic,	1661
optical, electromagnetic, or any other form of technology that	1662
entails capabilities similar to these technologies.	1663

(PP) "Electronic record" means a record generated,	1664
communicated, received, or stored by electronic means for use in	1665
an information system or for transmission from one information	1666
system to another.	1667

(QQ) "Electronic signature" means a signature in electronic	1668
form attached to or logically associated with an electronic	1669
record.	1670

(RR) "Financial transaction device" has the same meaning as	1671
in division (A) of section 113.40 of the Revised Code.	1672

(SS) "Electronic motor vehicle dealer" means a motor vehicle	1673
dealer licensed under Chapter 4517. of the Revised Code whom the	1674
registrar of motor vehicles determines meets the criteria	1675
designated in section 4503.035 of the Revised Code for electronic	1676
motor vehicle dealers and designates as an electronic motor	1677
vehicle dealer under that section.	1678

(TT) "Electric personal assistive mobility device" means a	1679
self-balancing two non-tandem wheeled device that is designed to	1680
transport only one person, has an electric propulsion system of an	1681
average of seven hundred fifty watts, and when ridden on a paved	1682
level surface by an operator who weighs one hundred seventy pounds	1683
has a maximum speed of less than twenty miles per hour.	1684

~~(TT)~~(UU) "Limited driving privileges" means the privilege to	1685
operate a motor vehicle that a court grants under section 4510.021	1686
of the Revised Code to a person whose driver's or commercial	1687
driver's license or permit or nonresident operating privilege has	1688
been suspended.	1689

Sec. 4501.02. (A) There is hereby created in the department	1690
of public safety a bureau of motor vehicles, which shall be	1691
administered by a registrar of motor vehicles. The registrar shall	1692
be appointed by the director of public safety and shall serve at	1693
the director's pleasure.	1694

The registrar shall administer the laws of the state relative	1695
to the registration of and certificates of title for motor	1696
vehicles, and the licensing of motor vehicle dealers, motor	1697
vehicle leasing dealers, distributors, and salespersons, and of	1698
motor vehicle salvage dealers, salvage motor vehicle auctions, and	1699
salvage motor vehicle pools. The registrar also shall, in	1700
accordance with section 4503.61 of the Revised Code, take those	1701
steps necessary to enter this state into membership in the	1702
international registration plan and carry out the registrar's	1703
other duties under that section. The registrar, with the approval	1704
of the director of public safety, may do all of the following:	1705

(1) Adopt such forms and rules as are necessary to carry out	1706
all laws the registrar is required to administer;	1707

(2) Appoint such number of assistants, deputies, clerks,	1708
stenographers, and other employees as are necessary to carry out	1709
such laws;	1710

(3) Acquire or lease such facilities as are necessary to	1711
carry out the duties of the registrar's office;	1712

(4) Establish accounts in a bank or depository and deposit	1713
any funds collected by the registrar in those accounts to the	1714
credit of "state of Ohio, bureau of motor vehicles." Within three	1715
days after the deposit of funds in such an account, the registrar	1716
shall draw on that account in favor of the treasurer of state. The	1717
registrar may reserve funds against the draw to the treasurer of	1718
state to the extent reasonably necessary to ensure that the	1719
deposited items are not dishonored. The registrar may pay any	1720
service charge usually collected by the bank or depository.	1721

The registrar shall give a bond for the faithful performance	1722
of the registrar's duties in such amount and with such security as	1723
the director approves. When in the opinion of the director it is	1724
advisable, any deputy or other employee may be required to give	1725
bond in such amount and with such security as the director	1726
approves. In the discretion of the director, the bonds authorized	1727
to be taken on deputies or other employees may be individual,	1728
schedule, or blanket bonds.	1729

The director of public safety may investigate the activities	1730
of the bureau and have access to its records at any time, and the	1731
registrar shall make a report to the director at any time upon	1732
request.	1733

All laws relating to the licensing of motor vehicle dealers,	1734
motor vehicle leasing dealers, distributors, and salespersons, and	1735
of motor vehicle salvage dealers, salvage motor vehicle auctions,	1736
and salvage motor vehicle pools, designating and granting power to	1737
the registrar shall be liberally construed to the end that the	1738
practice or commission of fraud in the business of selling motor	1739
vehicles and of disposing of salvage motor vehicles may be	1740
prohibited and prevented.	1741

(B) There is hereby created in the department of public	1742
safety a division of emergency medical services, which shall be	1743
administered by an executive director of emergency medical	1744
services appointed under section 4765.03 of the Revised Code.	1745

Sec. 4501.021. (A) Notwithstanding sections 149.33 to 149.34	1746
of the Revised Code, the registrar of motor vehicles shall	1747
determine the methods for obtaining, collecting, recording, and	1748
maintaining the records of the bureau of motor vehicles and of	1749
deputy registrars that pertain to driver's or commercial driver's	1750
licenses, identification cards, and vehicle registrations,	1751
including photographic or digitalized images, and electronic or	1752
digitalized signatures. The registrar may choose methods including	1753
paper, film, digital or other electronic media, or any other media	1754
that reasonably allows for recording, maintaining, and retrieving	1755
the records in a reliable manner.	1756

(B) The registrar of motor vehicles may dispose of all	1757
records of the bureau of motor vehicles pursuant to section 149.34	1758
of the Revised Code.	1759

The disposal of all records shall not take place when the	1760
registrar has received notice that a court case or other legal	1761
action is pending involving such records.	1762

Any surplus from the sale of such records, after paying the	1763
cost of administering the destruction or sale of such records,	1764
shall be paid into the state treasury.	1765

~~(B)~~(C) Each deputy registrar shall retain in the deputy	1766
registrar's office a file containing copies of all records and	1767
transactions performed for the bureau. Copies of motor vehicle	1768
registration applications shall be retained for a period of	1769
eighteen months from the date of the record or transaction,	1770
whichever is later; copies of driver's license or identification	1771
card applications shall be retained for a period of four years	1772
from the date of the record or transaction, whichever is later;	1773
and all other records shall be retained for a period of three	1774
years from the date of the record or transaction, whichever is	1775
later. The retained records shall be available for public	1776
examination, but no person may make copies of the records for sale	1777
or distribution.	1778

Sec. 4501.11. (A) There is hereby created in the state	1779
treasury the security, investigations, and policing fund.	1780
Notwithstanding section 5503.04 of the Revised Code, no fines	1781
collected from or money arising from bonds or bail forfeited by	1782
persons apprehended or arrested by state highway patrol troopers	1783
shall be credited to the general revenue fund until sufficient	1784
revenue to fund appropriations for the activities described under	1785
division (B) of this section are credited to the security,	1786
investigations, and policing fund. All investment earnings of the	1787
security, investigations, and policing fund shall be credited to	1788
that fund.	1789

This division does not apply to fines for violations of	1790
division (B) of section 4513.263 of the Revised Code, or to fines	1791
for violations of any municipal ordinance that is substantively	1792
comparable to that division, which fines shall be delivered to the	1793
treasurer of state as provided in division (E) of section 4513.263	1794
of the Revised Code.	1795

(B) The money credited to the security, investigations, and	1796
policing fund shall be used to pay the costs of:	1797

(1) Providing security for the governor, other officials and	1798
dignitaries, the capitol square, and other state property pursuant	1799
to division (E) of section 5503.02 of the Revised Code;	1800

(2) Undertaking major criminal investigations that involve	1801
state property interests;	1802

(3) Providing traffic control and security for the Ohio	1803
expositions commission on a full-time, year-round basis;	1804

(4) Performing nonhighway-related duties of the state highway	1805
patrol at the Ohio state fair;	1806

(5) Coordinating homeland security activities.

1807

Sec. 4503.01. "Motor vehicle" as defined in section 4505.01	1808
of the Revised Code applies to sections 4503.02 to 4503.10, and	1809
4503.12 to 4503.18 of the Revised Code. For the purposes of	1810
sections 4503.02 to 4503.04, 4503.10 to 4503.12, 4503.182,	1811
4503.19, 4503.21, 4503.22, and 4503.25 of the Revised Code, the	1812
term "motor vehicle" also includes a motorized bicycle and a	1813
trailer or semitrailer whose weight is four thousand pounds or	1814
less.	1815

As used in this chapter, "motor vehicle" does not include a	1816
concrete pump or a concrete conveyor.	1817

Sec. 4503.03. (A)(1)(a) The registrar of motor vehicles may	1818
designate the county auditor in each county a deputy registrar. If	1819
the population of a county is forty thousand or less according to	1820
the last federal census and if the county auditor is designated by	1821
the registrar as a deputy registrar, no other person need be	1822
designated in the county to act as a deputy registrar.	1823

(b) ~~For three years after the effective date of this~~	1824
~~amendment, the~~The registrar may designate a clerk of a court of	1825
common pleas as a deputy registrar if the population of the county	1826
is forty thousand or less according to the last federal census.	1827
All fees collected and retained by a clerk for conducting deputy	1828
registrar services shall be paid into the county treasury to the	1829
credit of the certificate of title administration fund created	1830
under section 325.33 of the Revised Code.	1831

(c) In all other instances, the registrar shall contract with	1832
one or more other persons in each county to act as deputy	1833
registrars.	1834

(2) Deputy registrars shall accept applications for the	1835
annual license tax for any vehicle not taxed under section 4503.63	1836
of the Revised Code and shall assign distinctive numbers in the	1837
same manner as the registrar. Such deputies shall be located in	1838
such locations in the county as the registrar sees fit. There	1839
shall be at least one deputy registrar in each county.	1840

Deputy registrar contracts are subject to the provisions of	1841
division (B) of section 125.081 of the Revised Code.	1842

(B) The registrar shall not contract with any person to act	1843
as a deputy registrar if the person or, where applicable, the	1844
person's spouse or a member of the person's immediate family has	1845
made, within the current calendar year or any one of the previous	1846
three calendar years, one or more contributions totaling in excess	1847
of one hundred dollars to any person or entity included in	1848
division (A)(2) of section 4503.033 of the Revised Code. As used	1849
in this division, "immediate family" has the same meaning as in	1850
division (D) of section 102.01 of the Revised Code, and "entity"	1851
includes any political party and any "continuing association" as	1852
defined in division (B)(4) of section 3517.01 of the Revised Code	1853
or "political action committee" as defined in division (B)(8) of	1854
that section that is primarily associated with that political	1855
party. For purposes of this division, contributions to any	1856
continuing association or any political action committee that is	1857
primarily associated with a political party shall be aggregated	1858
with contributions to that political party.	1859

The contribution limitations contained in this division do	1860
not apply to any county auditor or clerk of a court of common	1861
pleas.	1862

The registrar shall not contract with either of the following	1863
to act as a deputy registrar:	1864

(1) Any elected public official other than a county auditor	1865
or, as authorized by division (A)(1)(b) of this section, a clerk	1866
of a court of common pleas, acting in an ~~the county auditor's~~	1867
official capacity;	1868

(2) Any person holding a current, valid contract to conduct	1869
motor vehicle inspections under section 3704.14 of the Revised	1870
Code.	1871

(C)(1) Except as provided in division (C)(2) of this section,	1872
deputy registrars are independent contractors and neither they nor	1873
their employees are employees of this state, except that nothing	1874
in this section shall affect the status of county auditors or	1875
clerks of courts of common pleas as public officials, nor the	1876
status of their employees as employees of any of the counties of	1877
this state, which are political subdivisions of this state. Each	1878
deputy registrar shall be responsible for the payment of all	1879
unemployment compensation premiums, all workers' compensation	1880
premiums, social security contributions, and any and all taxes for	1881
which the deputy registrar is legally responsible. Each deputy	1882
registrar shall comply with all applicable federal, state, and	1883
local laws requiring the withholding of income taxes or other	1884
taxes from the compensation of the deputy registrar's employees.	1885
Each deputy registrar shall maintain during the entire term of	1886
the deputy registrar's contract a policy of business liability	1887
insurance satisfactory to the registrar and shall hold the	1888
department of public safety, the director of public safety, the	1889
bureau of motor vehicles, and the registrar harmless upon any and	1890
all claims for damages arising out of the operation of the deputy	1891
registrar agency.	1892

(2) For purposes of Chapter 4141. of the Revised Code,	1893
determinations concerning the employment of deputy registrars and	1894
their employees shall be made under Chapter 4141. of the Revised	1895
Code.	1896

(D)(1) With the approval of the director, the registrar shall	1897
adopt rules governing the terms of the contract between the	1898
registrar and each deputy registrar and specifications for the	1899
services to be performed. The rules shall include specifications	1900
relating to the amount of bond to be given as provided in this	1901
section; the size and location of the deputy's office; and the	1902
leasing of equipment necessary to conduct the vision screenings	1903
required under section 4507.12 of the Revised Code and training in	1904
the use of the equipment. The specifications shall permit and	1905
encourage every deputy registrar to inform the public of the	1906
location of the deputy registrar's office and hours of operation	1907
by means of public service announcements and allow any deputy	1908
registrar to advertise in regard to the operation of the deputy	1909
registrar's office. The rules also shall include specifications	1910
for the hours the deputy's office is to be open to the public and	1911
shall require as a minimum that one deputy's office in each county	1912
be open to the public for at least four hours each weekend,	1913
provided that if only one deputy's office is located within the	1914
boundary of the county seat, that office is the office that shall	1915
be open for the four-hour period each weekend, and that every	1916
deputy's office in each county shall be open to the public until	1917
six-thirty p.m. on at least one weeknight each week. The rules	1918
also shall include specifications providing that every deputy in	1919
each county, upon request, provide any person with information	1920
about the location and office hours of all deputy registrars in	1921
the county and that every deputy prominently display within the	1922
deputy's ~~the deputy registrar's~~ office, the toll-free telephone	1923
number of the bureau. The rules shall not prohibit the award of a	1924
deputy registrar contract to a nonprofit corporation formed under	1925
the laws of this state. The rules shall prohibit any deputy	1926
registrar from operating more than one such office at any time,	1927
except that the rules may permit a nonprofit corporation formed	1928
for the purposes of providing automobile-related services to its	1929
members or the public and that provides such services from more	1930
than one location in this state to operate a deputy registrar	1931
office at any such location, provided that the nonprofit	1932
corporation operates no more than one deputy registrar office in	1933
any one county. The rules may include such other specifications as	1934
the registrar and director consider necessary to provide a high	1935
level of service.	1936

(2) With the prior approval of the registrar, each deputy	1937
registrar may conduct at the location of the deputy registrar's	1938
office any business that is consistent with the functions of a	1939
deputy registrar and that is not specifically mandated or	1940
authorized by this or another chapter of the Revised Code or by	1941
implementing rules of the registrar.	1942

(3) As used in this section and in section 4507.01 of the	1943
Revised Code, "nonprofit corporation" has the same meaning as in	1944
section 1702.01 of the Revised Code.	1945

(E) Unless otherwise terminated and except for interim	1946
contracts of less than one year, contracts with deputy registrars	1947
shall be for a term of at least two years, but no more than three	1948
years, and all contracts effective on or after July 1, 1996, shall	1949
be for a term of more than two years, but not more than three	1950
years. All contracts with deputy registrars shall expire on the	1951
~~thirtieth day~~last Saturday of June in the year of their	1952
expiration. The auditor of state may examine the accounts,	1953
reports, systems, and other data of each deputy registrar at least	1954
every two years. The registrar, with the approval of the director,	1955
shall immediately remove a deputy who violates any provision of	1956
the Revised Code related to the duties as a deputy, any rule	1957
adopted by the registrar, or a term of the deputy's contract with	1958
the registrar. The registrar also may remove a deputy who, in the	1959
opinion of the registrar, has engaged in any conduct that is	1960
either unbecoming to one representing this state or is	1961
inconsistent with the efficient operation of the deputy's office.	1962
~~Upon removal of a deputy registrar for contract violation, the~~	1963
~~auditor of state shall examine the accounts, records, systems, and~~	1964
~~other data of the deputy registrar so removed.~~	1965

If the registrar, with the approval of the director,	1966
determines that there is good cause to believe that a deputy	1967
registrar or a person proposing for a deputy registrar contract	1968
has engaged in any conduct that would require the denial or	1969
termination of the deputy registrar contract, the registrar may	1970
require the production of books, records, and papers as the	1971
registrar determines are necessary, and may take the depositions	1972
of witnesses residing within or outside the state in the same	1973
manner as is prescribed by law for the taking of depositions in	1974
civil actions in the court of common pleas, and for that purpose	1975
the registrar may issue a subpoena for any witness or a subpoena	1976
duces tecum to compel the production of any books, records, or	1977
papers, directed to the sheriff of the county where the witness	1978
resides or is found. Such a subpoena shall be served and returned	1979
in the same manner as a subpoena in a criminal case is served and	1980
returned. The fees and mileage of the sheriff and witnesses shall	1981
be the same as that allowed in the court of common pleas in	1982
criminal cases and shall be paid from the fund in the state	1983
treasury for the use of the agency in the same manner as other	1984
expenses of the agency are paid.	1985

In any case of disobedience or neglect of any subpoena served	1986
on any person or the refusal of any witness to testify to any	1987
matter regarding which the witness lawfully may be interrogated,	1988
the court of common pleas of any county where the disobedience,	1989
neglect, or refusal occurs or any judge of that court, on	1990
application by the registrar, shall compel obedience by attachment	1991
proceedings for contempt, as in the case of disobedience of the	1992
requirements of a subpoena issued from that court, or a refusal to	1993
testify in that court.	1994

Nothing in this division shall be construed to require a	1995
hearing of any nature prior to the termination of any deputy	1996
registrar contract by the registrar, with the approval of the	1997
director, for cause.	1998

(F) Except as provided in section 2743.03 of the Revised	1999
Code, no court, other than the court of common pleas of Franklin	2000
county, has jurisdiction of any action against the department of	2001
public safety, the director, the bureau, or the registrar to	2002
restrain the exercise of any power or authority, or to entertain	2003
any action for declaratory judgment, in the selection and	2004
appointment of, or contracting with, deputy registrars. Neither	2005
the department, the director, the bureau, nor the registrar is	2006
liable in any action at law for damages sustained by any person	2007
because of any acts of the department, the director, the bureau,	2008
or the registrar, or of any employee of the department or bureau,	2009
in the performance of official duties in the selection and	2010
appointment of, and contracting with, deputy registrars.	2011

(G) The registrar shall assign to each deputy registrar a	2012
series of numbers sufficient to supply the demand at all times in	2013
the area the deputy registrar serves, and the registrar shall keep	2014
a record in the registrar's office of the numbers within the	2015
series assigned. Each deputy shall be required to give bond in the	2016
amount of at least twenty-five thousand dollars, or in such higher	2017
amount as the registrar determines necessary, based on a uniform	2018
schedule of bond amounts established by the registrar and	2019
determined by the volume of registrations handled by the deputy.	2020
The form of the bond shall be prescribed by the registrar. The	2021
bonds required of deputy registrars, in the discretion of the	2022
registrar, may be individual or schedule bonds or may be included	2023
in any blanket bond coverage carried by the department.	2024

(H) Each deputy registrar shall keep a file of each	2025
application received by the deputy and shall register that motor	2026
vehicle with the name and address of its owner.	2027

(I) Upon request, a deputy registrar shall make the physical	2028
inspection of a motor vehicle and issue the physical inspection	2029
certificate required in section 4505.061 of the Revised Code.	2030

(J) Each deputy registrar shall file a report semi-annually	2031
with the registrar of motor vehicles listing the number of	2032
applicants for licenses the deputy has served, the number of voter	2033
registration applications the deputy has completed and transmitted	2034
to the board of elections, and the number of voter registration	2035
applications declined.	2036

Sec. 4503.034. (A) Notwithstanding sections 4503.10,	2037
4503.102, 4503.12, 4503.182, 4503.24, 4505.061, 4506.08, 4507.24,	2038
4507.50, 4507.52, 4519.03, 4519.05, 4519.10, 4519.56, and 4519.69	2039
of the Revised Code:	2040

(1) Each deputy registrar shall be allowed the increased fee	2041
otherwise allowed in those sections and commencing on January 1,	2042
2003, for performing the services specified in those sections only	2043
if the deputy registrars achieve a statewide satisfaction rate of	2044
at least ninety per cent on the survey conducted by the registrar	2045
of motor vehicles under this section. If the deputy registrars	2046
fail to achieve a statewide satisfaction rate of at least ninety	2047
per cent on the survey, the fee for performing the services	2048
specified in those sections shall remain at the rate in effect for	2049
the immediately preceding year.	2050

(2) Each deputy registrar shall be allowed the increased fee	2051
otherwise allowed in those sections and commencing on January 1,	2052
2004, for performing the services specified in those sections only	2053
if the deputy registrars achieve a statewide satisfaction rate of	2054
at least ninety per cent on the survey conducted by the registrar	2055
under this section. If the deputy registrars fail to achieve a	2056
statewide satisfaction rate of at least ninety per cent on the	2057
survey, the fee for performing the services specified in those	2058
sections shall remain at the rate in effect for the immediately	2059
preceding year.	2060

(B) The registrar shall develop and conduct a survey	2061
evaluating public satisfaction with the conduct of services by	2062
deputy registrars under sections 4503.10, 4503.102, 4503.12,	2063
4503.182, 4503.24, 4505.061, 4506.08, 4507.24, 4507.50, 4507.52,	2064
4519.03, 4519.05, 4519.10, 4519.56, and 4519.69 of the Revised	2065
Code. In developing the survey, the registrar also shall establish	2066
standards that shall enable a deputy registrar to achieve a ninety	2067
per cent satisfaction rating. The ninety per cent satisfaction	2068
rate required under divisions (A)(1) and (2) of this section as a	2069
condition to increasing the service fees shall be determined on a	2070
statewide basis and not on an individual basis. The registrar	2071
shall conduct the survey in 2002 to determine the satisfaction	2072
rating for purposes of division (A)(1) of this section and shall	2073
conduct the survey again in 2003 to determine the satisfaction	2074
rating for purposes of division (A)(2) of this section.	2075

Sec. 4503.036. (A) Not later than January 1, 2005, the	2076
registrar of motor vehicles shall adopt rules for the appointment	2077
of limited authority deputy registrars. Notwithstanding section	2078
4503.03 of the Revised Code, the registrar may appoint the clerk	2079
of a court or common pleas or an electronic motor vehicle dealer	2080
qualified under section 4503.035 of the Revised Code as a limited	2081
authority deputy registrar.	2082

(B) A limited authority deputy registrar may conduct only	2083
initial and transfer motor vehicle transactions using electronic	2084
means, vehicle identification number inspections, and other	2085
associated transactions in a manner approved in the rules that the	2086
registrar adopts.	2087

(C) A limited authority deputy registrar may collect and	2088
retain a fee of three dollars and fifty cents for each transaction	2089
or physical inspection that the limited authority deputy registrar	2090
conducts, and shall collect all fees and taxes that are required	2091
by law and related to the transaction or inspection in a manner	2092
approved by the registrar. A clerk of a court of common pleas	2093
shall pay all fees collected and retained under this section into	2094
the county treasury to the credit of the certificate of title	2095
administration fund created under section 325.33 of the Revised	2096
Code.	2097

(D) The rules adopted by the registrar may establish	2098
reasonable eligibility standards for clerks and electronic motor	2099
vehicle dealers. The rules shall prescribe the terms and	2100
conditions of limited authority deputy registrar contracts and	2101
shall require each limited authority deputy registrar to sign a	2102
contract before assuming any duties as a limited authority deputy	2103
registrar. The rules may establish different eligibility standards	2104
and contract terms and conditions depending on whether the limited	2105
authority deputy registrar is a clerk or an electronic motor	2106
vehicle dealer. No contract shall be for a period of more than	2107
three years. The contract may contain any other provisions the	2108
registrar reasonably prescribes. Each contract shall terminate on	2109
a date specified by the registrar.	2110

(E) Any eligible clerk or qualified electronic motor vehicle	2111
dealer may make an application to the registrar for appointment as	2112
a limited authority deputy registrar. With the approval of the	2113
director of public safety, the registrar shall make the	2114
appointments from the applications submitted, based upon the	2115
discretion of the registrar and director and not upon a	2116
competitive basis.	2117

(F) A limited authority deputy registrar is not subject to	2118
the contribution limits of division (B) of section 4503.03 of the	2119
Revised Code or the filing requirement of division (A) of section	2120
4503.033 of the Revised Code.	2121

Sec. 4503.04. ~~Until the rates established under~~Except as	2122
provided in section 4503.042 of the Revised Code for the	2123
registration of commercial cars, trailers, semitrailers, and	2124
certain buses ~~other than transit buses become operative~~, the rates	2125
of the taxes imposed by section 4503.02 of the Revised Code shall	2126
be as follows:	2127

(A) For motor vehicles having three wheels or less, the	2128
license tax is:	2129

(1) For each motorized bicycle, ten dollars;

2130

(2) For each motorcycle, fourteen dollars.

2131

(B) For each passenger car, twenty dollars;

2132

(C) For each manufactured home, each mobile home, and each	2133
travel trailer, ten dollars;	2134

(D) For each noncommercial motor vehicle designed by the	2135
manufacturer to carry a load of no more than three-quarters of one	2136
ton and for each motor home, thirty-five dollars; for each	2137
noncommercial motor vehicle designed by the manufacturer to carry	2138
a load of more than three-quarters of one ton, but not more than	2139
one ton, seventy dollars;	2140

(E) ~~For each commercial car and for each trailer or~~	2141
~~semitrailer, except a manufactured or mobile home or noncommercial~~	2142
~~trailer, which shall not be taxed by this division, the license~~	2143
~~tax is fifteen dollars plus:~~	2144

~~(1) Eighty-five cents for each one hundred pounds or part~~	2145
~~thereof for the first two thousand pounds or part thereof of~~	2146
~~weight of vehicle fully equipped;~~	2147

~~(2) One dollar and forty cents for each one hundred pounds or~~	2148
~~part thereof in excess of two thousand pounds up to and including~~	2149
~~three thousand pounds;~~	2150

~~(3) One dollar and ninety cents for each one hundred pounds~~	2151
~~or part thereof in excess of three thousand pounds up to and~~	2152
~~including four thousand pounds;~~	2153

~~(4) Two dollars and twenty cents for each one hundred pounds~~	2154
~~or part thereof in excess of four thousand pounds up to and~~	2155
~~including five thousand pounds;~~	2156

~~(5) Two dollars and forty cents for each one hundred pounds~~	2157
~~or part thereof in excess of five thousand pounds up to and~~	2158
~~including six thousand pounds;~~	2159

~~(6) Two dollars and eighty cents for each one hundred pounds~~	2160
~~or part thereof in excess of six thousand pounds up to and~~	2161
~~including ten thousand pounds;~~	2162

~~(7) Three dollars for each one hundred pounds or part thereof~~	2163
~~in excess of ten thousand pounds up to and including twelve~~	2164
~~thousand pounds;~~	2165

~~(8) Three dollars and twenty-five cents for each one hundred~~	2166
~~pounds or part thereof in excess of twelve thousand pounds.~~	2167

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

2168

(1) Eighty-five cents for each one hundred pounds or part	2169
thereof for the first two thousand pounds or part thereof of	2170
weight of vehicle fully equipped;	2171

(2) One dollar and forty cents for each one hundred pounds or	2172
part thereof in excess of two thousand pounds up to and including	2173
three thousand pounds.	2174

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

2175

(1) Vehicle equipped, owned, and used by a charitable or	2176
nonprofit corporation exclusively for the purpose of administering	2177
chest x-rays or receiving blood donations;	2178

(2) Van used principally for the transportation of	2179
handicapped persons that has been modified by being equipped with	2180
adaptive equipment to facilitate the movement of such persons into	2181
and out of the van.	2182

~~(H) For each bus, except a transit bus, having motor power~~	2183
~~the license tax is:~~	2184

~~(1) Eighty-five cents per one hundred pounds or part thereof~~	2185
~~for the first two thousand pounds or part thereof of weight of~~	2186
~~vehicle fully equipped;~~	2187

~~(2) One dollar and thirty cents for each one hundred pounds~~	2188
~~or part thereof in excess of two thousand pounds up to and~~	2189
~~including three thousand pounds;~~	2190

~~(3) One dollar and eighty cents for each one hundred pounds~~	2191
~~or part thereof in excess of three thousand pounds up to and~~	2192
~~including four thousand pounds;~~	2193

~~(4) Two dollars and ten cents for each one hundred pounds or~~	2194
~~part thereof in excess of four thousand pounds up to and including~~	2195
~~six thousand pounds;~~	2196

~~(5) Two dollars and forty cents for each one hundred pounds~~	2197
~~or part thereof in excess of six thousand pounds up to and~~	2198
~~including ten thousand pounds;~~	2199

~~(6) Two dollars and seventy cents for each one hundred pounds~~	2200
~~or part thereof in excess of ten thousand pounds;~~	2201

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

2202

(3) Bus used principally for the transportation of	2203
handicapped persons or persons sixty-five years of age or older;	2204

~~(8)~~(G) Notwithstanding its weight, twenty dollars for any bus	2205
used principally for the transportation of persons in a	2206
ridesharing arrangement.	2207

~~(I)~~(H) For each transit bus having motor power the license	2208
tax is twelve dollars.	2209

"Transit bus" means either a motor vehicle having a seating	2210
capacity of more than seven persons which is operated and used by	2211
any person in the rendition of a public mass transportation	2212
service primarily in a municipal corporation or municipal	2213
corporations and provided at least seventy-five per cent of the	2214
annual mileage of such service and use is within such municipal	2215
corporation or municipal corporations or a motor vehicle having a	2216
seating capacity of more than seven persons which is operated	2217
solely for the transportation of persons associated with a	2218
charitable or nonprofit corporation, but does not mean any motor	2219
vehicle having a seating capacity of more than seven persons when	2220
such vehicle is used in a ridesharing capacity or any bus	2221
described by division (F)(3) of this section.	2222

The application for registration of such transit bus shall be	2223
accompanied by an affidavit prescribed by the registrar of motor	2224
vehicles and signed by the person or an agent of the firm or	2225
corporation operating such bus stating that the bus has a seating	2226
capacity of more than seven persons, and that it is either to be	2227
operated and used in the rendition of a public mass transportation	2228
service and that at least seventy-five per cent of the annual	2229
mileage of such operation and use shall be within one or more	2230
municipal corporations or that it is to be operated solely for the	2231
transportation of persons associated with a charitable or	2232
nonprofit corporation.	2233

The form of the license plate, and the manner of its	2234
attachment to the vehicle, shall be prescribed by the registrar of	2235
motor vehicles.	2236

~~(J)~~(I) The minimum tax for any vehicle having motor power	2237
other than a farm truck, a motorized bicycle, or motorcycle is ten	2238
dollars and eighty cents, and for each noncommercial trailer, five	2239
dollars.	2240

~~(K)~~(J)(1) Except as otherwise provided in division ~~(K)~~(J) of	2241
this section, for each farm truck, except a noncommercial motor	2242
vehicle, that is owned, controlled, or operated by one or more	2243
farmers exclusively in farm use as defined in this section, and	2244
not for commercial purposes, and provided that at least	2245
seventy-five per cent of such farm use is by or for the one or	2246
more owners, controllers, or operators of the farm in the	2247
operation of which a farm truck is used, the license tax is five	2248
dollars plus:	2249

(a) Fifty cents per one hundred pounds or part thereof for	2250
the first three thousand pounds;	2251

(b) Seventy cents per one hundred pounds or part thereof in	2252
excess of three thousand pounds up to and including four thousand	2253
pounds;	2254

(c) Ninety cents per one hundred pounds or part thereof in	2255
excess of four thousand pounds up to and including six thousand	2256
pounds;	2257

(d) Two dollars for each one hundred pounds or part thereof	2258
in excess of six thousand pounds up to and including ten thousand	2259
pounds;	2260

(e) Two dollars and twenty-five cents for each one hundred	2261
pounds or part thereof in excess of ten thousand pounds;	2262

(f) The minimum license tax for any farm truck shall be	2263
twelve dollars.	2264

(2) The owner of a farm truck may register the truck for a	2265
period of one-half year by paying one-half the registration tax	2266
imposed on the truck under this chapter and one-half the amount of	2267
any tax imposed on the truck under Chapter 4504. of the Revised	2268
Code.	2269

(3) A farm bus may be registered for a period of ninety days	2270
from the date of issue of the license plates for the bus, for a	2271
fee of ten dollars, provided such license plates shall not be	2272
issued for more than any two ninety-day periods in any calendar	2273
year. Such use does not include the operation of trucks by	2274
commercial processors of agricultural products.	2275

(4) License plates for farm trucks and for farm buses shall	2276
have some distinguishing marks, letters, colors, or other	2277
characteristics to be determined by the director of public safety.	2278

(5) Every person registering a farm truck or bus under this	2279
section shall furnish an affidavit certifying that the truck or	2280
bus licensed to that person is to be so used as to meet the	2281
requirements necessary for the farm truck or farm bus	2282
classification.	2283

Any farmer may use a truck owned by the farmer for commercial	2284
purposes by paying the difference between the commercial truck	2285
registration fee and the farm truck registration fee for the	2286
remaining part of the registration period for which the truck is	2287
registered. Such remainder shall be calculated from the beginning	2288
of the semiannual period in which application for such commercial	2289
license is made.	2290

Taxes at the rates provided in this section are in lieu of	2291
all taxes on or with respect to the ownership of such motor	2292
vehicles, except as provided in section 4503.042 and section	2293
4503.06 of the Revised Code.	2294

~~(L)~~(K) Other than trucks registered under the international	2295
registration plan in another jurisdiction and for which this state	2296
has received an apportioned registration fee, the license tax for	2297
each truck which is owned, controlled, or operated by a	2298
nonresident, and licensed in another state, and which is used	2299
exclusively for the transportation of nonprocessed agricultural	2300
products intrastate, from the place of production to the place of	2301
processing, is twenty-four dollars.	2302

"Truck," as used in this division, means any pickup truck,	2303
straight truck, semitrailer, or trailer other than a travel	2304
trailer. Nonprocessed agricultural products, as used in this	2305
division, does not include livestock or grain.	2306

A license issued under this division shall be issued for a	2307
period of one hundred thirty days in the same manner in which all	2308
other licenses are issued under this section, provided that no	2309
truck shall be so licensed for more than one	2310
one-hundred-thirty-day period during any calendar year.	2311

The license issued pursuant to this division shall consist of	2312
a windshield decal to be designed by the director of public	2313
safety.	2314

Every person registering a truck under this division shall	2315
furnish an affidavit certifying that the truck licensed to the	2316
person is to be used exclusively for the purposes specified in	2317
this division.	2318

~~(M)~~(L) Every person registering a motor vehicle as a	2319
noncommercial motor vehicle as defined in section 4501.01 of the	2320
Revised Code, or registering a trailer as a noncommercial trailer	2321
as defined in that section, shall furnish an affidavit certifying	2322
that the motor vehicle or trailer so licensed to the person is to	2323
be so used as to meet the requirements necessary for the	2324
noncommercial vehicle classification.	2325

~~(N)~~(M) Every person registering a van or bus as provided in	2326
divisions ~~(G)~~(F)(2) and ~~(H)(7)~~(3) of this section shall furnish a	2327
notarized statement certifying that the van or bus licensed to the	2328
person is to be used for the purposes specified in those	2329
divisions. The form of the license plate issued for such motor	2330
vehicles shall be prescribed by the registrar.	2331

~~(O)~~(N) Every person registering as a passenger car a motor	2332
vehicle designed and used for carrying more than nine but not more	2333
than fifteen passengers, and every person registering a bus as	2334
provided in division ~~(H)(8)~~(G) of this section, shall furnish an	2335
affidavit certifying that the vehicle so licensed to the person is	2336
to be used in a ridesharing arrangement and that the person will	2337
have in effect whenever the vehicle is used in a ridesharing	2338
arrangement a policy of liability insurance with respect to the	2339
motor vehicle in amounts and coverages no less than those required	2340
by section 4509.79 of the Revised Code. The form of the license	2341
plate issued for such a motor vehicle shall be prescribed by the	2342
registrar.	2343

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

2344

(1) "Van" means any motor vehicle having a single rear axle	2345
and an enclosed body without a second seat.	2346

(2) "Handicapped person" means any person who has lost the	2347
use of one or both legs, or one or both arms, or is blind, deaf,	2348
or so severely disabled as to be unable to move about without the	2349
aid of crutches or a wheelchair.	2350

(3) "Farm truck" means a truck used in the transportation	2351
from the farm of products of the farm, including livestock and its	2352
products, poultry and its products, floricultural and	2353
horticultural products, and in the transportation to the farm of	2354
supplies for the farm, including tile, fence, and every other	2355
thing or commodity used in agricultural, floricultural,	2356
horticultural, livestock, and poultry production and livestock,	2357
poultry, and other animals and things used for breeding, feeding,	2358
or other purposes connected with the operation of the farm.	2359

(4) "Farm bus" means a bus used only for the transportation	2360
of agricultural employees and used only in the transportation of	2361
such employees as are necessary in the operation of the farm.	2362

(5) "Farm supplies" includes fuel used exclusively in the	2363
operation of a farm, including one or more homes located on and	2364
used in the operation of one or more farms, and furniture and	2365
other things used in and around such homes.	2366

Sec. 4503.041. (A) The original owner of any trailer weighing	2367
four thousand pounds or less and used exclusively for	2368
noncommercial purposes ~~shall~~, upon application for initial	2369
registration, shall obtain and present such evidence of the	2370
trailer's weight as the registrar of motor vehicles may require.	2371
Whenever an application for registration other than an initial	2372
application by the original owner is made for a trailer to which	2373
this section applies, the application shall be accompanied by an	2374
affidavit, prescribed by the registrar and signed by the present	2375
owner, stating that the weight of the trailer is the same as that	2376
indicated by the evidence obtained and presented for initial	2377
registration by the original owner, and no other evidence of	2378
weight shall be required. This section does not apply to the owner	2379
of a boat trailer being registered in accordance with section	2380
4503.173 of the Revised Code.	2381

(B) The owner of a trailer described in division (A) of this	2382
section or the operator of a motor vehicle towing such a trailer	2383
may tow the trailer directly to and from a scale facility for the	2384
purpose of determining the trailer's weight prior to the	2385
registration of the trailer provided that at the time of such	2386
towing the owner or operator has in the owner's or operator's	2387
possession an official weight slip prescribed by the registrar and	2388
provided the trailer does not carry any load during such towing.	2389

Sec. 4503.042. The registrar of motor vehicles shall adopt	2390
rules establishing the date, subsequent to this state's entry into	2391
membership in the international registration plan, when the rates	2392
established by this section become operative.	2393

(A) The rates of the taxes imposed by section 4503.02 of the	2394
Revised Code are as follows for commercial cars having a gross	2395
vehicle weight or combined gross vehicle weight of:	2396

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

2397

(2) More than two thousand but not more than six thousand	2398
pounds, seventy dollars;	2399

(3) More than six thousand but not more than ten thousand	2400
pounds, eighty-five dollars;	2401

(4) More than ten thousand but not more than fourteen	2402
thousand pounds, one hundred five dollars;	2403

(5) More than fourteen thousand but not more than eighteen	2404
thousand pounds, one hundred twenty-five dollars;	2405

(6) More than eighteen thousand but not more than twenty-two	2406
thousand pounds, one hundred fifty dollars;	2407

(7) More than twenty-two thousand but not more than	2408
twenty-six thousand pounds, one hundred seventy-five dollars;	2409

(8) More than twenty-six thousand but not more than thirty	2410
thousand pounds, three hundred fifty-five dollars;	2411

(9) More than thirty thousand but not more than thirty-four	2412
thousand pounds, four hundred twenty dollars;	2413

(10) More than thirty-four thousand but not more than	2414
thirty-eight thousand pounds, four hundred eighty dollars;	2415

(11) More than thirty-eight thousand but not more than	2416
forty-two thousand pounds, five hundred forty dollars;	2417

(12) More than forty-two thousand but not more than forty-six	2418
thousand pounds, six hundred dollars;	2419

(13) More than forty-six thousand but not more than fifty	2420
thousand pounds, six hundred sixty dollars;	2421

(14) More than fifty thousand but not more than fifty-four	2422
thousand pounds, seven hundred twenty-five dollars;	2423

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

(16) More than fifty-eight thousand but not more than	2426
sixty-two thousand pounds, eight hundred fifty-five dollars;	2427

(17) More than sixty-two thousand but not more than sixty-six	2428
thousand pounds, nine hundred twenty-five dollars;	2429

(18) More than sixty-six thousand but not more than seventy	2430
thousand pounds, nine hundred ninety-five dollars;	2431

(19) More than seventy thousand but not more than	2432
seventy-four thousand pounds, one thousand eighty dollars;	2433

(20) More than seventy-four thousand but not more than	2434
seventy-eight thousand pounds, one thousand two hundred dollars;	2435

(21) More than seventy-eight thousand pounds, one thousand	2436
three hundred forty dollars.	2437

(B) The rates of the taxes imposed by section 4503.02 of the	2438
Revised Code are as follows for buses having a gross vehicle	2439
weight or combined gross vehicle weight of:	2440

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

2441

(2) More than two thousand but not more than six thousand	2442
pounds, forty dollars;	2443

(3) More than six thousand but not more than ten thousand	2444
pounds, one hundred dollars;	2445

(4) More than ten thousand but not more than fourteen	2446
thousand pounds, one hundred eighty dollars;	2447

(5) More than fourteen thousand but not more than eighteen	2448
thousand pounds, two hundred sixty dollars;	2449

(6) More than eighteen thousand but not more than twenty-two	2450
thousand pounds, three hundred forty dollars;	2451

(7) More than twenty-two thousand but not more than	2452
twenty-six thousand pounds, four hundred twenty dollars;	2453

(8) More than twenty-six thousand but not more than thirty	2454
thousand pounds, five hundred dollars;	2455

(9) More than thirty thousand but not more than thirty-four	2456
thousand pounds, five hundred eighty dollars;	2457

(10) More than thirty-four thousand but not more than	2458
thirty-eight thousand pounds, six hundred sixty dollars;	2459

(11) More than thirty-eight thousand but not more than	2460
forty-two thousand pounds, seven hundred forty dollars;	2461

(12) More than forty-two thousand but not more than forty-six	2462
thousand pounds, eight hundred twenty dollars;	2463

(13) More than forty-six thousand but not more than fifty	2464
thousand pounds, nine hundred forty dollars;	2465

(14) More than fifty thousand but not more than fifty-four	2466
thousand pounds, one thousand dollars;	2467

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

(16) More than fifty-eight thousand but not more than	2470
sixty-two thousand pounds, one thousand one hundred eighty	2471
dollars;	2472

(17) More than sixty-two thousand but not more than sixty-six	2473
thousand pounds, one thousand two hundred seventy dollars;	2474

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

(19) More than seventy thousand but not more than	2477
seventy-four thousand pounds, one thousand four hundred fifty	2478
dollars;	2479

(20) More than seventy-four thousand but not more than	2480
seventy-eight thousand pounds, one thousand five hundred forty	2481
dollars;	2482

(21) More than seventy-eight thousand pounds, one thousand	2483
six hundred thirty dollars.	2484

(C) In addition to the license taxes imposed at the rates	2485
specified in divisions (A) and (B) of this section, an	2486
administrative fee of ~~two~~three dollars and twenty-five cents,	2487
plus an appropriate amount to cover the cost of postage, shall be	2488
collected by the registrar for each international registration	2489
plan license processed by the registrar. If the deputy registrar	2490
fees are increased on January 1, 2004, in accordance with section	2491
4503.034 of the Revised Code, the administrative fee collected	2492
under this section is three dollars and fifty cents, commencing on	2493
that date, plus postage.	2494

(D) The rate of the tax for each trailer and semitrailer is	2495
twenty-five dollars.	2496

(E) The rates established by this section shall not apply to	2497
any of the following:	2498

(1) Vehicles equipped, owned, and used by a charitable or	2499
nonprofit corporation exclusively for the purpose of administering	2500
chest x-rays or receiving blood donations;	2501

(2) Vans used principally for the transportation of	2502
handicapped persons that have been modified by being equipped with	2503
adaptive equipment to facilitate the movement of such persons into	2504
and out of the vans;	2505

(3) Buses used principally for the transportation of	2506
handicapped persons or persons sixty-five years of age or older;	2507

(4) Buses used principally for the transportation of persons	2508
in a ridesharing arrangement;	2509

(5) Transit buses having motor power;

2510

(6) Noncommercial trailers, mobile homes, or manufactured	2511
homes.	2512

Sec. 4503.10. (A) The owner of every snowmobile, off-highway	2513
motorcycle, and all-purpose vehicle required to be registered	2514
under section 4519.02 of the Revised Code shall file an	2515
application for registration under section 4519.03 of the Revised	2516
Code. The owner of a motor vehicle, other than a snowmobile,	2517
off-highway motorcycle, or all-purpose vehicle, that is not	2518
designed and constructed by the manufacturer for operation on a	2519
street or highway may not register it under this chapter except	2520
upon certification of inspection pursuant to section 4513.02 of	2521
the Revised Code by the sheriff, or the chief of police of the	2522
municipal corporation or township, with jurisdiction over the	2523
political subdivision in which the owner of the motor vehicle	2524
resides. Except as provided in section 4503.103 of the Revised	2525
Code, every owner of every other motor vehicle not previously	2526
described in this section and every person mentioned as owner in	2527
the last certificate of title of a motor vehicle that is operated	2528
or driven upon the public roads or highways shall cause to be	2529
filed each year, by mail or otherwise, in the office of the	2530
registrar of motor vehicles or a deputy registrar, a written or	2531
electronic application or a preprinted registration renewal notice	2532
issued under section 4503.102 of the Revised Code, the form of	2533
which shall be prescribed by the registrar, for registration for	2534
the following registration year, which shall begin on the first	2535
day of January of every calendar year and end on the thirty-first	2536
day of December in the same year. Applications for registration	2537
and registration renewal notices shall be filed at the times	2538
established by the registrar pursuant to section 4503.101 of the	2539
Revised Code. A motor vehicle owner also may elect to apply for or	2540
renew a motor vehicle registration by electronic means using	2541
electronic signature in accordance with rules adopted by the	2542
registrar. Except as provided in division (J) of this section,	2543
applications for registration shall be made on blanks furnished by	2544
the registrar for that purpose, containing the following	2545
information:	2546

(1) A brief description of the motor vehicle to be	2547
registered, including the ~~name of the manufacturer, the factory~~	2548
~~number of the vehicle, the year's model~~year, make, model, and	2549
vehicle identification number, and, in the case of commercial	2550
cars, the gross weight of the vehicle fully equipped computed in	2551
the manner prescribed in section 4503.08 of the Revised Code;	2552

(2) The name and residence address of the owner, and the	2553
township and municipal corporation in which the owner resides;	2554

(3) The district of registration, which shall be determined	2555
as follows:	2556

(a) In case the motor vehicle to be registered is used for	2557
hire or principally in connection with any established business or	2558
branch business, conducted at a particular place, the district of	2559
registration is the municipal corporation in which that place is	2560
located or, if not located in any municipal corporation, the	2561
county and township in which that place is located.	2562

(b) In case the vehicle is not so used, the district of	2563
registration is the municipal corporation or county in which the	2564
owner resides at the time of making the application.	2565

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

2566

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

2567

(6) Whether the fees required to be paid for the registration	2568
or transfer of the motor vehicle, during the preceding	2569
registration year and during the preceding period of the current	2570
registration year, have been paid. Each application for	2571
registration shall be signed by the owner, either manually or by	2572
electronic signature, or pursuant to obtaining a limited power of	2573
attorney authorized by the registrar for registration, or other	2574
document authorizing such signature. If the owner elects to apply	2575
for or renew the motor vehicle registration with the registrar by	2576
electronic means, the owner's manual signature is not required.	2577

(7) The owner's social security number, if assigned, or,	2578
where a motor vehicle to be registered is used for hire or	2579
principally in connection with any established business, the	2580
owner's federal taxpayer identification number. The bureau of	2581
motor vehicles shall retain in its records all social security	2582
numbers provided under this section, but the bureau shall not	2583
place social security numbers on motor vehicle certificates of	2584
registration.	2585

(B) ~~Each~~Except as otherwise provided in this division, each	2586
time an applicant first registers a motor vehicle in the	2587
applicant's name, the applicant shall present for inspection a	2588
physical certificate of title or memorandum certificate showing	2589
title to the motor vehicle to be registered in the name of the	2590
applicant if a physical certificate of title or memorandum	2591
certificate has been issued by a clerk of a court of common pleas.	2592
If, under sections 4505.021, 4505.06, and 4505.08 of the Revised	2593
Code, a clerk instead has issued an electronic certificate of	2594
title for the applicant's motor vehicle, that certificate may be	2595
presented for inspection at the time of first registration in a	2596
manner prescribed by rules adopted by the registrar. An applicant	2597
is not required to present a certificate of title to an electronic	2598
motor vehicle dealer acting as a limited authority deputy	2599
registrar in accordance with rules adopted by the registrar. When	2600
a motor vehicle inspection and maintenance program is in effect	2601
under section 3704.14 of the Revised Code and rules adopted under	2602
it, each application for registration for a vehicle required to be	2603
inspected under that section and those rules shall be accompanied	2604
by an inspection certificate for the motor vehicle issued in	2605
accordance with that section. The application shall be refused if	2606
any of the following applies:	2607

(1) The application is not in proper form.

2608

(2) The application is prohibited from being accepted by	2609
division (D) of section 2935.27, division (A) of section 2937.221,	2610
division (A) of section 4503.13, division (B) of section 4510.22,	2611
or division (B)(1) of section 4521.10 of the Revised Code.	2612

(3) A certificate of title or memorandum certificate of title	2613
is required but does not accompany the application or, in the case	2614
of an electronic certificate of title, is required but is not	2615
presented in a manner prescribed by the registrar's rules.	2616

(4) All registration and transfer fees for the motor vehicle,	2617
for the preceding year or the preceding period of the current	2618
registration year, have not been paid.	2619

(5) The owner or lessee does not have an inspection	2620
certificate for the motor vehicle as provided in section 3704.14	2621
of the Revised Code, and rules adopted under it, if that section	2622
is applicable.	2623

This section does not require the payment of license or	2624
registration taxes on a motor vehicle for any preceding year, or	2625
for any preceding period of a year, if the motor vehicle was not	2626
taxable for that preceding year or period under sections 4503.02,	2627
4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the	2628
Revised Code. When a certificate of registration is issued upon	2629
the first registration of a motor vehicle by or on behalf of the	2630
owner, the official issuing the certificate shall indicate the	2631
issuance with a stamp on the certificate of title or memorandum	2632
certificate or, in the case of an electronic certificate of title,	2633
an electronic stamp or other notation as specified in rules	2634
adopted by the registrar, and with a stamp on the inspection	2635
certificate for the motor vehicle, if any. The official also shall	2636
indicate, by a stamp or by other means the registrar prescribes,	2637
on the registration certificate issued upon the first registration	2638
of a motor vehicle by or on behalf of the owner the odometer	2639
reading of the motor vehicle as shown in the odometer statement	2640
included in or attached to the certificate of title. Upon each	2641
subsequent registration of the motor vehicle by or on behalf of	2642
the same owner, the official also shall so indicate the odometer	2643
reading of the motor vehicle as shown on the immediately preceding	2644
certificate of registration.	2645

The registrar shall include in the permanent registration	2646
record of any vehicle required to be inspected under section	2647
3704.14 of the Revised Code the inspection certificate number from	2648
the inspection certificate that is presented at the time of	2649
registration of the vehicle as required under this division.	2650

(C)(1) Commencing with each registration renewal with an	2651
expiration date on or after October 1, 2003, and for each initial	2652
application for registration received on and after that date, the	2653
registrar and each deputy registrar shall collect an additional	2654
fee of eleven dollars for each application for registration and	2655
registration renewal received. The additional fee is for the	2656
purpose of defraying the department of public safety's costs	2657
associated with the administration and enforcement of the motor	2658
vehicle and traffic laws of Ohio. Each deputy registrar shall	2659
transmit the fees collected under division (C)(1) of this section	2660
in the time and manner provided in this section. The registrar	2661
shall deposit all moneys received under division (C)(1) of this	2662
section into the state highway safety fund established in section	2663
4501.06 of the Revised Code.	2664

(2) In addition, a charge of twenty-five cents shall be made	2665
for each reflectorized safety license plate issued, and a single	2666
charge of twenty-five cents shall be made for each county	2667
identification sticker or each set of county identification	2668
stickers issued, as the case may be, to cover the cost of	2669
producing the license plates and stickers, including material,	2670
manufacturing, and administrative costs. Those fees shall be in	2671
addition to the license tax. If the total cost of producing the	2672
plates is less than twenty-five cents per plate, or if the total	2673
cost of producing the stickers is less than twenty-five cents per	2674
sticker or per set issued, any excess moneys accruing from the	2675
fees shall be distributed in the same manner as provided by	2676
section 4501.04 of the Revised Code for the distribution of	2677
license tax moneys. If the total cost of producing the plates	2678
exceeds twenty-five cents per plate, or if the total cost of	2679
producing the stickers exceeds twenty-five cents per sticker or	2680
per set issued, the difference shall be paid from the license tax	2681
moneys collected pursuant to section 4503.02 of the Revised Code.	2682

(D) Each deputy registrar shall be allowed a fee of two	2683
dollars and seventy-five cents commencing on July 1, 2001, three	2684
dollars and twenty-five cents commencing on January 1, 2003, and	2685
three dollars and fifty cents commencing on January 1, 2004, for	2686
each application for registration and registration renewal notice	2687
the deputy registrar receives, which shall be for the purpose of	2688
compensating the deputy registrar for the deputy registrar's	2689
services, and such office and rental expenses, as may be necessary	2690
for the proper discharge of the deputy registrar's duties in the	2691
receiving of applications and renewal notices and the issuing of	2692
registrations.	2693

(E) Upon the certification of the registrar, the county	2694
sheriff or local police officials shall recover license plates	2695
erroneously or fraudulently issued.	2696

(F) Each deputy registrar, upon receipt of any application	2697
for registration or registration renewal notice, together with the	2698
license fee and any local motor vehicle license tax levied	2699
pursuant to Chapter 4504. of the Revised Code, shall transmit that	2700
fee and tax, if any, in the manner provided in this section,	2701
together with the original and duplicate copy of the application,	2702
to the registrar. The registrar, subject to the approval of the	2703
director of public safety, may deposit the funds collected by	2704
those deputies in a local bank or depository to the credit of the	2705
"state of Ohio, bureau of motor vehicles." Where a local bank or	2706
depository has been designated by the registrar, each deputy	2707
registrar shall deposit all moneys collected by the deputy	2708
registrar into that bank or depository not more than one business	2709
day after their collection and shall make reports to the registrar	2710
of the amounts so deposited, together with any other information,	2711
some of which may be prescribed by the treasurer of state, as the	2712
registrar may require and as prescribed by the registrar by rule.	2713
The registrar, within three days after receipt of notification of	2714
the deposit of funds by a deputy registrar in a local bank or	2715
depository, shall draw on that account in favor of the treasurer	2716
of state. The registrar, subject to the approval of the director	2717
and the treasurer of state, may make reasonable rules necessary	2718
for the prompt transmittal of fees and for safeguarding the	2719
interests of the state and of counties, townships, municipal	2720
corporations, and transportation improvement districts levying	2721
local motor vehicle license taxes. The registrar may pay service	2722
charges usually collected by banks and depositories for such	2723
service. If deputy registrars are located in communities where	2724
banking facilities are not available, they shall transmit the fees	2725
forthwith, by money order or otherwise, as the registrar, by rule	2726
approved by the director and the treasurer of state, may	2727
prescribe. The registrar may pay the usual and customary fees for	2728
such service.	2729

(G) This section does not prevent any person from making an	2730
application for a motor vehicle license directly to the registrar	2731
by mail, by electronic means, or in person at any of the	2732
registrar's offices, upon payment of a service fee of two dollars	2733
and seventy-five cents commencing on July 1, 2001, three dollars	2734
and twenty-five cents commencing on January 1, 2003, and three	2735
dollars and fifty cents commencing on January 1, 2004, for each	2736
application.	2737

(H) No person shall make a false statement as to the district	2738
of registration in an application required by division (A) of this	2739
section. Violation of this division is falsification under section	2740
2921.13 of the Revised Code and punishable as specified in that	2741
section.	2742

(I)(1) Where applicable, the requirements of division (B) of	2743
this section relating to the presentation of an inspection	2744
certificate issued under section 3704.14 of the Revised Code and	2745
rules adopted under it for a motor vehicle, the refusal of a	2746
license for failure to present an inspection certificate, and the	2747
stamping of the inspection certificate by the official issuing the	2748
certificate of registration apply to the registration of and	2749
issuance of license plates for a motor vehicle under sections	2750
4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172,	2751
4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46,	2752
4503.47, and 4503.51 of the Revised Code.	2753

(2)(a) The registrar shall adopt rules ensuring that each	2754
owner registering a motor vehicle in a county where a motor	2755
vehicle inspection and maintenance program is in effect under	2756
section 3704.14 of the Revised Code and rules adopted under it	2757
receives information about the requirements established in that	2758
section and those rules and about the need in those counties to	2759
present an inspection certificate with an application for	2760
registration or preregistration.	2761

(b) Upon request, the registrar shall provide the director of	2762
environmental protection, or any person that has been awarded a	2763
contract under division (D) of section 3704.14 of the Revised	2764
Code, an on-line computer data link to registration information	2765
for all passenger cars, noncommercial motor vehicles, and	2766
commercial cars that are subject to that section. The registrar	2767
also shall provide to the director of environmental protection a	2768
magnetic data tape containing registration information regarding	2769
passenger cars, noncommercial motor vehicles, and commercial cars	2770
for which a multi-year registration is in effect under section	2771
4503.103 of the Revised Code or rules adopted under it, including,	2772
without limitation, the date of issuance of the multi-year	2773
registration, the registration deadline established under rules	2774
adopted under section 4503.101 of the Revised Code that was	2775
applicable in the year in which the multi-year registration was	2776
issued, and the registration deadline for renewal of the	2777
multi-year registration.	2778

(J) Application for registration under the international	2779
registration plan, as set forth in sections 4503.60 to 4503.66 of	2780
the Revised Code, shall be made to the registrar on forms	2781
furnished by the registrar. In accordance with international	2782
registration plan guidelines and pursuant to rules adopted by the	2783
registrar, the forms shall include the following:	2784

(1) A uniform mileage schedule;

2785

(2) The gross vehicle weight of the vehicle or combined gross	2786
vehicle weight of the combination vehicle as declared by the	2787
registrant;	2788

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

2789

Sec. 4503.12. (A) Upon the transfer of ownership of a motor	2790
vehicle, the registration of the motor vehicle expires, and the	2791
original owner immediately shall remove the license plates from	2792
the motor vehicle, except that:	2793

(1) If a statutory merger or consolidation results in the	2794
transfer of ownership of a motor vehicle from a constituent	2795
corporation to the surviving corporation, or if the incorporation	2796
of a proprietorship or partnership results in the transfer of	2797
ownership of a motor vehicle from the proprietorship or	2798
partnership to the corporation, the registration shall be	2799
continued upon the filing by the surviving or new corporation,	2800
within thirty days of such transfer, of an application for an	2801
amended certificate of registration~~, unless such registration is~~	2802
~~prohibited by division (D) of section 2935.27, division (A) of~~	2803
~~section 2937.221, division (B) of section 4507.168, or division~~	2804
~~(B)(1) of section 4521.10 of the Revised Code. The application~~	2805
~~shall be accompanied by a service fee of two dollars and~~	2806
~~seventy-five cents commencing on July 1, 2001, three dollars and~~	2807
~~twenty-five cents commencing on January 1, 2003, and three dollars~~	2808
~~and fifty cents commencing on January 1, 2004, a transfer fee of~~	2809
~~one dollar, and the original certificate of registration~~. Upon a	2810
proper filing, the registrar of motor vehicles shall issue an	2811
amended certificate of registration in the name of the new owner.	2812

(2) If the death of the owner of a motor vehicle results in	2813
the transfer of ownership of the motor vehicle to the surviving	2814
spouse of the owner or if a motor vehicle is owned by two persons	2815
under joint ownership with right of survivorship established under	2816
section 2131.12 of the Revised Code and one of those persons dies,	2817
the registration shall be continued upon the filing by the	2818
survivor of an application for an amended certificate of	2819
registration~~, unless such registration is prohibited by division~~	2820
~~(D) of section 2935.27, division (A) of section 2937.221, division~~	2821
~~(A) of section 4503.13, division (B) of section 4510.22, or~~	2822
~~division (B)(1) of section 4521.10 of the Revised Code. The~~	2823
~~application shall be accompanied by a service fee of two dollars~~	2824
~~and seventy-five cents commencing on July 1, 2001, three dollars~~	2825
~~and twenty-five cents commencing on January 1, 2003, and three~~	2826
~~dollars and fifty cents commencing on January 1, 2004, a transfer~~	2827
~~fee of one dollar, the original certificate of registration, and,~~	2828
in. In relation to a motor vehicle that is owned by two persons	2829
under joint ownership with right of survivorship established under	2830
section 2131.12 of the Revised Code, the application shall be	2831
accompanied by a copy of the certificate of title that specifies	2832
that the vehicle is owned under joint ownership with right of	2833
survivorship. Upon a proper filing, the registrar shall issue an	2834
amended certificate of registration in the name of the survivor.	2835

(3) If the death of the owner of a motor vehicle results in	2836
the transfer of ownership of the motor vehicle to a	2837
transfer-on-death beneficiary or beneficiaries designated under	2838
section 2131.13 of the Revised Code, the registration shall be	2839
continued upon the filing by the transfer-on-death beneficiary or	2840
beneficiaries of an application for an amended certificate of	2841
registration~~, unless that registration is prohibited by division~~	2842
~~(D) of section 2935.27, division (A) of section 2937.221, division~~	2843
~~(A) of section 4503.13, division (B) of section 4510.22, or~~	2844
~~division (B)(1) of section 4521.10 of the Revised Code~~. The	2845
application shall be accompanied by ~~a service fee of two dollars~~	2846
~~and seventy-five cents commencing on July 1, 2001, three dollars~~	2847
~~and twenty-five cents commencing on January 1, 2003, and three~~	2848
~~dollars and fifty cents commencing on January 1, 2004, a transfer~~	2849
~~fee of one dollar, the original certificate of registration, and~~ a	2850
copy of the certificate of title that specifies that the owner of	2851
the motor vehicle has designated the motor vehicle in beneficiary	2852
form under section 2131.13 of the Revised Code. Upon a proper	2853
filing, the registrar shall issue an amended certificate of	2854
registration in the name of the transfer-on-death beneficiary or	2855
beneficiaries.	2856

(4) If the original owner of a motor vehicle that has been	2857
transferred makes application for the registration of another	2858
motor vehicle at any time during the remainder of the registration	2859
period for which the transferred motor vehicle was registered, the	2860
owner~~, unless such registration is prohibited by division (D) of~~	2861
~~section 2935.27, division (A) of section 2937.221, division (A) of~~	2862
~~section 4503.13, division (E) of section 4503.234, division (B) of~~	2863
~~section 4510.22, or division (B)(1) of section 4521.10 of the~~	2864
~~Revised Code,~~ may file an application for transfer of the	2865
registration and, where applicable, the license plates,	2866
~~accompanied by a service fee of two dollars and seventy-five cents~~	2867
~~commencing on July 1, 2001, three dollars and twenty-five cents~~	2868
~~commencing on January 1, 2003, and three dollars and fifty cents~~	2869
~~commencing on January 1, 2004, a transfer fee of one dollar, and~~	2870
~~the original certificate of registration~~. The transfer of the	2871
registration and, where applicable, the license plates from the	2872
motor vehicle for which they originally were issued to a	2873
succeeding motor vehicle purchased by the same person in whose	2874
name the original registration and license plates were issued	2875
shall be done within a period not to exceed thirty days. During	2876
that thirty-day period, the license plates from the motor vehicle	2877
for which they originally were issued may be displayed on the	2878
succeeding motor vehicle, and the succeeding motor vehicle may be	2879
operated on the public roads and highways in this state.	2880

At the time of application for transfer, the registrar shall	2881
compute and collect the amount of tax due on the succeeding motor	2882
vehicle, based upon the amount that would be due on a new	2883
registration as of the date on which the transfer is made less a	2884
credit for the unused portion of the original registration	2885
beginning on that date. If the credit exceeds the amount of tax	2886
due on the new registration, no refund shall be made. In computing	2887
the amount of tax due and credits to be allowed under this	2888
division, the provisions of division (B)(1)(a) and (b) of section	2889
4503.11 of the Revised Code shall apply. As to passenger cars,	2890
noncommercial vehicles, motor homes, and motorcycles, transfers	2891
within or between these classes of motor vehicles only shall be	2892
allowed. If the succeeding motor vehicle is of a different class	2893
than the motor vehicle for which the registration originally was	2894
issued, new license plates also shall be issued upon the surrender	2895
of the license plates originally issued and payment of the fees	2896
provided in divisions (C) and (D) of section 4503.10 of the	2897
Revised Code.	2898

(5) The owner of a commercial car having a gross vehicle	2899
weight or combined gross vehicle weight of more than ten thousand	2900
pounds may transfer the registration of that commercial car to	2901
another commercial car the owner owns without transferring	2902
ownership of the first commercial car~~, unless registration of the~~	2903
~~second commercial car is prohibited by division (D) of section~~	2904
~~2935.27, division (A) of section 2937.221, division (A) of section~~	2905
~~4503.13, division (B) of section 4507.168, or division (B)(1) of~~	2906
~~section 4521.10 of the Revised Code~~. At any time during the	2907
remainder of the registration period for which the first	2908
commercial car was registered, the owner may file an application	2909
for the transfer of the registration and, where applicable, the	2910
license plates, accompanied by ~~a service fee of two dollars and~~	2911
~~seventy-five cents commencing on July 1, 2001, three dollars and~~	2912
~~twenty-five cents commencing on January 1, 2003, and three dollars~~	2913
~~and fifty cents commencing on January 1, 2004, a transfer fee of~~	2914
~~one dollar, and~~ the certificate of registration of the first	2915
commercial car. The amount of any tax due or credit to be allowed	2916
for a transfer of registration under this division shall be	2917
computed in accordance with division (A)(4) of this section.	2918

No commercial car to which a registration is transferred	2919
under this division shall be operated on a public road or highway	2920
in this state until after the transfer of registration is	2921
completed in accordance with this division.	2922

(6) Upon application to the registrar or a deputy registrar,	2923
a person who owns or leases a motor vehicle may transfer special	2924
license plates assigned to that vehicle to any other vehicle that	2925
the person owns or leases or that is owned or leased by the	2926
person's spouse. ~~The application shall be accompanied by a service~~	2927
~~fee of two dollars and seventy-five cents commencing on July 1,~~	2928
~~2001, three dollars and twenty-five cents commencing on January 1,~~	2929
~~2003, and three dollars and fifty cents commencing on January 1,~~	2930
~~2004, a transfer fee of one dollar, and the original certificate~~	2931
~~of registration.~~ As appropriate, the application also shall be	2932
accompanied by a power of attorney for the registration of a	2933
leased vehicle and a written statement releasing the special	2934
plates to the applicant. Upon a proper filing, the registrar or	2935
deputy registrar shall assign the special license plates to the	2936
motor vehicle owned or leased by the applicant and issue a new	2937
certificate of registration for that motor vehicle.	2938

(7) If a corporation transfers the ownership of a motor	2939
vehicle to an affiliated corporation, the affiliated corporation	2940
may apply to the registrar for the transfer of the registration	2941
and any license plates. The registrar may require the applicant to	2942
submit documentation of the corporate relationship and shall	2943
determine whether the application for registration transfer is	2944
made in good faith and not for the purposes of circumventing the	2945
provisions of this chapter. Upon a proper filing, the registrar	2946
shall issue an amended certificate of registration in the name of	2947
the new owner.	2948

(B) An application under division (A) of this section shall	2949
be accompanied by a service fee of two dollars and seventy-five	2950
cents commencing on July 1, 2001, three dollars and twenty-five	2951
cents commencing on January 1, 2003, and three dollars and fifty	2952
cents commencing on January 1, 2004, a transfer fee of one dollar,	2953
and the original certificate of registration, if applicable.	2954

(C) Neither the registrar nor a deputy registrar shall	2955
transfer a registration under division (A) of this section if the	2956
registration is prohibited by division (D) of section 2935.27,	2957
division (A) of section 2937.221, division (A) of section 4503.13,	2958
division (D) of section 4503.234, division (B) of section 4510.22,	2959
or division (B)(1) of section 4521.10 of the Revised Code.	2960

(D) Whoever violates division (A) of this section is guilty	2961
of a misdemeanor of the fourth degree.	2962

~~(C)~~(E) As used in division (A)(6) of this section, "special	2963
license plates" means either of the following:	2964

(1) Any license plates for which the person to whom the	2965
license plates are issued must pay an additional fee in excess of	2966
the fees prescribed in section 4503.04 of the Revised Code,	2967
Chapter 4504. of the Revised Code, and the service fee prescribed	2968
in division (D) or (G) of section 4503.10 of the Revised Code;	2969

(2) License plates issued under section 4503.44 of the	2970
Revised Code.	2971

Sec. 4503.13. (A) A municipal court or county court, at the	2972
court's discretion, may order the clerk of the court to send to	2973
the registrar of motor vehicles a report containing the name,	2974
address, and such other information as the registrar may require	2975
by rule, of any person for whom an arrest warrant has been issued	2976
by that court and is outstanding.	2977

Upon receipt of such a report, the registrar shall enter the	2978
information contained in the report into the records of the bureau	2979
of motor vehicles. Neither the registrar nor any deputy registrar	2980
shall issue a certificate of registration for a motor vehicle	2981
owner or lessee, when a lessee is determinable under procedures	2982
established by the registrar under division (E) of this section,	2983
who is named in the report until the registrar receives	2984
notification from the municipal court or county court that there	2985
are no outstanding arrest warrants in the name of the person. The	2986
registrar also shall send a notice to the person who is named in	2987
the report, via regular first class mail sent to the person's last	2988
known address as shown in the records of the bureau, informing the	2989
person that neither the registrar nor any deputy registrar is	2990
permitted to issue a certificate of registration for a motor	2991
vehicle in the name of the person until the registrar receives	2992
notification that there are no outstanding arrest warrants in the	2993
name of the person.	2994

(B) A clerk who reports an outstanding arrest warrant in	2995
accordance with division (A) of this section immediately shall	2996
notify the registrar when the warrant has been executed and	2997
returned to the issuing court or has been canceled. ~~The clerk~~	2998

Upon receipt of such notification, the registrar shall charge	2999
and collect from the person named in the executed or canceled	3000
arrest warrant a processing fee of fifteen dollars to cover the	3001
costs of the bureau in administering this section. The ~~clerk~~	3002
registrar shall ~~transmit monthly~~deposit all such processing fees	3003
~~to the registrar for deposit~~ into the state bureau of motor	3004
vehicles fund created by section 4501.25 of the Revised Code.	3005

Upon ~~receipt~~payment of ~~such notification~~the processing fee,	3006
the registrar shall cause the report of that outstanding arrest	3007
warrant to be removed from the records of the bureau and, if there	3008
are no other outstanding arrest warrants issued by a municipal	3009
court or county court in the name of the person and the person	3010
otherwise is eligible to be issued a certificate of registration	3011
for a motor vehicle, the registrar or a deputy registrar may issue	3012
a certificate of registration for a motor vehicle in the name of	3013
the person named in the executed or canceled arrest warrant.	3014

(C) Neither the registrar, any employee of the bureau, a	3015
deputy registrar, nor any employee of a deputy registrar is	3016
personally liable for damages or injuries resulting from any error	3017
made by a clerk in entering information contained in a report	3018
submitted to the registrar under this section.	3019

(D) Any information submitted to the registrar by a clerk	3020
under this section shall be transmitted by means of an electronic	3021
data transfer system.	3022

(E) The registrar shall determine the procedures and	3023
information necessary to implement this section in regard to motor	3024
vehicle lessees. Division (A) of this section shall not apply to	3025
cases involving a motor vehicle lessee until such procedures are	3026
established.	3027

Sec. 4503.182. (A) A purchaser of a motor vehicle, upon	3028
application and proof of purchase of the vehicle, may be issued a	3029
temporary license placard or windshield sticker for the motor	3030
vehicle.	3031

The purchaser of a vehicle applying for a temporary license	3032
placard or windshield sticker under this section shall execute an	3033
affidavit stating that the purchaser has not been issued	3034
previously during the current registration year a license plate	3035
that could legally be transferred to the vehicle.	3036

Placards or windshield stickers shall be issued only for the	3037
applicant's use of the vehicle to enable the applicant to legally	3038
operate the motor vehicle while proper title, license plates, and	3039
a certificate of registration are being obtained, and shall be	3040
displayed on no other motor vehicle.	3041

Placards or windshield stickers issued under this section are	3042
valid for a period of thirty days from date of issuance and are	3043
not transferable or renewable.	3044

The fee for the placards or windshield stickers issued under	3045
this section is two dollars plus a ~~deputy registrar~~ service fee of	3046
two dollars and seventy-five cents commencing on July 1, 2001,	3047
three dollars and twenty-five cents commencing on January 1, 2003,	3048
and three dollars and fifty cents commencing on January 1, 2004,	3049
~~for each placard issued by a deputy registrar~~.	3050

(B)(1) The registrar of motor vehicles may issue to a	3051
motorized bicycle dealer or a licensed motor vehicle dealer	3052
temporary license placards to be issued to purchasers for use on	3053
vehicles sold by the dealer, in accordance with rules prescribed	3054
by the registrar. The dealer shall notify the registrar, within	3055
forty-eight hours, of the issuance of a placard by electronic	3056
means via computer equipment purchased and maintained by the	3057
dealer or in any other manner prescribed by the registrar.	3058

(2) The fee for each placard issued by the registrar to a	3059
~~licensed motor vehicle~~ dealer is ~~two dollars plus a fee of two~~	3060
~~dollars and seventy-five cents commencing on July 1, 2001, three~~	3061
~~dollars and twenty-five cents commencing on January 1, 2003, and~~	3062
~~three dollars and fifty cents commencing on January 1, 2004~~seven	3063
dollars, of which five dollars shall be deposited and used in	3064
accordance with division (D) of this section. The registrar shall	3065
charge an additional three dollars and fifty cents for each	3066
placard issued to a dealer who notifies the registrar of the	3067
issuance of the placards in a manner other than by approved	3068
electronic means.	3069

(3) When a dealer issues a temporary license placard to a	3070
purchaser, the dealer shall collect and retain the fees	3071
established under divisions (A) and (D) of this section.	3072

(C) The registrar of motor vehicles, at the registrar's	3073
discretion, may issue a temporary license placard. Such a placard	3074
may be issued in the case of extreme hardship encountered by a	3075
citizen from this state or another state who has attempted to	3076
comply with all registration laws, but for extreme circumstances	3077
is unable to properly register the citizen's vehicle.	3078

(D) In addition to the fees charged under divisions (A) and	3079
(B) of this section, commencing on October 1, 2003, the registrar	3080
and each deputy registrar shall collect a fee of five dollars for	3081
each temporary license placard issued. The additional fee is for	3082
the purpose of defraying the department of public safety's costs	3083
associated with the administration and enforcement of the motor	3084
vehicle and traffic laws of Ohio. Each deputy registrar shall	3085
transmit the fees collected under this division in the same manner	3086
as provided for transmission of fees collected under division (A)	3087
of this section. The registrar shall deposit all moneys received	3088
under this division into the state highway safety fund established	3089
in section 4501.06 of the Revised Code.	3090

(E) The registrar shall adopt rules, in accordance with	3091
division (B) of section 111.15 of the Revised Code, to specify the	3092
procedures for reporting the information from applications for	3093
temporary license placards and windshield stickers and for	3094
providing the information from these applications to law	3095
enforcement agencies.	3096

(F) Temporary license placards issued under this section	3097
shall bear a distinctive combination of seven letters, numerals,	3098
or letters and numerals, and shall incorporate a security feature	3099
that, to the greatest degree possible, prevents tampering with any	3100
of the information that is entered upon a placard when it is	3101
issued.	3102

(G) Whoever violates division (A) of this section is guilty	3103
of a misdemeanor of the fourth degree. Whoever violates division	3104
(B) of this section is guilty of a misdemeanor of the first	3105
degree.	3106

(H) As used in this section, "motorized bicycle dealer" means	3107
any person engaged in the business of selling at retail,	3108
displaying, offering for sale, or dealing in motorized bicycles	3109
who is not subject to section 4503.09 of the Revised Code.	3110

Sec. 4503.231. (A) No motor vehicle registered in the name	3111
of a person whose certificate of registration and identification	3112
license plates have been impounded as provided by division (B)(1)	3113
of section 4507.02 of the Revised Code, shall be operated on any	3114
highway in this state unless it displays restricted license plates	3115
that are a different color from those regularly issued and carry a	3116
special serial number that may be readily identified by law	3117
enforcement officers. The registrar of motor vehicles shall	3118
designate the color and serial number to be used on restricted	3119
license plates, which shall remain the same from year to year and	3120
shall not be displayed on any other motor vehicles.	3121

The bureau of motor vehicles shall adopt rules providing for	3122
the decentralization of the issuance of restricted license plates	3123
under this section. The rules shall provide for the issuance of	3124
the restricted license plates by at least one agency in each	3125
county.	3126

No person operating a motor vehicle displaying restricted	3127
license plates as described in this division shall knowingly	3128
disguise or obscure the color of the restricted plate.	3129

(B) If a person has been granted limited driving privileges	3130
with a condition of the privileges being that the person must	3131
display on the vehicle that is driven under the privileges	3132
restricted license plates that are described in this section, ~~all~~	3133
~~of the following apply:~~	3134

~~(1) If~~the person may operate a motor vehicle ~~to be driven~~	3135
~~under the limited driving privileges~~that is owned by the person's	3136
employer ~~and~~only if the person is required to operate that motor	3137
vehicle in the course and scope of the person's employment~~, the~~.	3138
Such a person may operate that vehicle without displaying on that	3139
vehicle restricted license plates that are issued under this	3140
section if the employer has been notified that the person has	3141
limited driving privileges and of the nature of the restriction	3142
and if the person has proof of the employer's notification in the	3143
person's possession while operating the employer's vehicle for	3144
normal business duties. A motor vehicle owned by a business that	3145
is partly or entirely owned or controlled by the person with the	3146
limited driving privileges is not a motor vehicle owned by an	3147
employer, for purposes of this division.	3148

~~(2) If a motor vehicle to be driven under the limited driving~~	3149
~~privileges is registered in a state other than this state, instead~~	3150
~~of displaying on that vehicle restricted license plates that are~~	3151
~~issued under this section, the person with the limited driving~~	3152
~~privileges shall display on the vehicle a decal, as prescribed by~~	3153
~~the registrar of motor vehicles, that states that the vehicle is~~	3154
~~subject to limited driving privileges in this state and that~~	3155
~~describes the restriction. The decal shall be displayed on the~~	3156
~~bottom left corner of the back window of the vehicle or, if there~~	3157
~~is no back window, on the bottom left corner of the windshield of~~	3158
~~the vehicle. The bureau of motor vehicles shall adopt rules~~	3159
~~providing for the decentralization of the issuance of the decals~~	3160
~~described in this division, with the rules providing for the~~	3161
~~issuance of the decals by at least one agency in each county.~~	3162

(C) Whoever violates this section is guilty of a minor	3163
misdemeanor.	3164

Sec. 4503.24. (A) The owner of a chauffeured limousine, upon	3165
compliance with the motor vehicle laws relating to the	3166
registration and licensing of motor vehicles, upon payment of the	3167
regular license tax as prescribed under section 4503.04 of the	3168
Revised Code, any tax levied under Chapter 4504. of the Revised	3169
Code, ~~and~~ an additional fee of seven dollars and fifty cents, and	3170
the fee specified in division (C) of this section, if applicable,	3171
and upon compliance with section 4509.80 of the Revised Code,	3172
shall be issued appropriate vehicle registration and a set of	3173
license plates and a validation sticker, or a validation sticker	3174
alone when required by section 4503.191 of the Revised Code. The	3175
~~owner shall also be~~license plates issued ~~an additional license~~	3176
~~plate sticker that bears~~under this section shall bear the word	3177
"livery." ~~The livery license~~printed at the bottom of the plate	3178
~~sticker issued under this section shall be of a different color or~~	3179
~~shade each year, the new~~. The color ~~or shade to~~of the word shall	3180
be selected by the director of public safety. The additional fee	3181
shall be for the purpose of compensating the bureau of motor	3182
vehicles for additional services required in the issuing of such	3183
licenses and shall be transmitted by the registrar of motor	3184
vehicles to the treasurer of state for deposit in the state bureau	3185
of motor vehicles fund created by section 4501.25 of the Revised	3186
Code.	3187

(B) Any application for registration or registration renewal	3188
of a chauffeured limousine made under this section ~~shall~~may be	3189
submitted by mail directly to the registrar~~. No~~or in person to a	3190
deputy registrar ~~shall accept or process any application for~~	3191
~~registration made under this section~~.	3192

(C) Each deputy registrar shall be allowed a fee of three	3193
dollars and twenty-five cents commencing on January 1, 2003, and	3194
three dollars and fifty cents commencing on January 1, 2004, for	3195
each application for registration and registration renewal notice	3196
the deputy registrar receives.	3197

Sec. 4503.44. (A) As used in this section and in section	3198
4511.69 of the Revised Code:	3199

(1) "Person with a disability that limits or impairs the	3200
ability to walk" means any person who, as determined by a	3201
physician or chiropractor, meets any of the following criteria:	3202

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

3203

(b) Cannot walk without the use of, or assistance from, a	3204
brace, cane, crutch, another person, prosthetic device,	3205
wheelchair, or other assistive device;	3206

(c) Is restricted by a lung disease to such an extent that	3207
the person's forced (respiratory) expiratory volume for one	3208
second, when measured by spirometry, is less than one liter, or	3209
the arterial oxygen tension is less than sixty millimeters of	3210
mercury on room air at rest;	3211

(d) Uses portable oxygen;

3212

(e) Has a cardiac condition to the extent that the person's	3213
functional limitations are classified in severity as class III or	3214
class IV according to standards set by the American heart	3215
association;	3216

(f) Is severely limited in the ability to walk due to an	3217
arthritic, neurological, or orthopedic condition;	3218

(g) Is blind.

3219

(2) "Organization" means any private organization or	3220
corporation, or any governmental board, agency, department,	3221
division, or office, that, as part of its business or program,	3222
transports persons with disabilities that limit or impair the	3223
ability to walk on a regular basis in a motor vehicle that has not	3224
been altered for the purpose of providing it with special	3225
equipment for use by handicapped persons. This definition does not	3226
apply to division (J) of this section.	3227

(3) "Physician" means a person licensed to practice medicine	3228
or surgery or osteopathic medicine and surgery under Chapter 4731.	3229
of the Revised Code.	3230

(4) "Chiropractor" means a person licensed to practice	3231
chiropractic under Chapter 4734. of the Revised Code.	3232

(B) Any organization or person with a disability that limits	3233
or impairs the ability to walk may apply to the registrar of motor	3234
vehicles for a removable windshield placard or, if the person owns	3235
or leases a motor vehicle, the person may apply for the	3236
registration of any motor vehicle the person owns or leases. In	3237
addition to one or more sets of license plates or one placard, a	3238
person with a disability that limits or impairs the ability to	3239
walk is entitled to one additional placard, but only if the person	3240
applies separately for the additional placard, states the reasons	3241
why the additional placard is needed, and the registrar, in the	3242
registrar's discretion, determines that good and justifiable cause	3243
exists to approve the request for the additional placard. When a	3244
motor vehicle has been altered for the purpose of providing it	3245
with special equipment for a person with a disability that limits	3246
or impairs the ability to walk, but is owned or leased by someone	3247
other than such a person, the owner or lessee may apply to the	3248
registrar or a deputy registrar for registration under this	3249
section. The application for registration of a motor vehicle owned	3250
or leased by a person with a disability that limits or impairs the	3251
ability to walk shall be accompanied by a signed statement from	3252
the applicant's personal physician or chiropractor certifying that	3253
the applicant meets at least one of the criteria contained in	3254
division (A)(1) of this section and that the disability is	3255
expected to continue for more than six consecutive months. The	3256
application for a removable windshield placard made by a person	3257
with a disability that limits or impairs the ability to walk shall	3258
be accompanied by a prescription from the applicant's personal	3259
physician or chiropractor prescribing such a placard for the	3260
applicant, ~~and by a signed statement certifying~~provided that the	3261
applicant meets at least one of the criteria contained in division	3262
(A)(1) of this section. The physician or chiropractor shall state	3263
on the prescription the length of time the physician or	3264
chiropractor expects the applicant to have the disability that	3265
limits or impairs the applicant's ability to walk. The application	3266
for a removable windshield placard made by an organization shall	3267
be accompanied by such documentary evidence of regular transport	3268
of persons with disabilities that limit or impair the ability to	3269
walk by the organization as the registrar may require by rule and	3270
shall be completed in accordance with procedures that the	3271
registrar may require by rule. The application for registration of	3272
a motor vehicle that has been altered for the purpose of providing	3273
it with special equipment for a person with a disability that	3274
limits or impairs the ability to walk but is owned by someone	3275
other than such a person shall be accompanied by such documentary	3276
evidence of vehicle alterations as the registrar may require by	3277
rule.	3278

(C) When an organization, a person with a disability that	3279
limits or impairs the ability to walk, or a person who does not	3280
have a disability that limits or impairs the ability to walk but	3281
owns a motor vehicle that has been altered for the purpose of	3282
providing it with special equipment for a person with a disability	3283
that limits or impairs the ability to walk first submits an	3284
application for registration of a motor vehicle under this section	3285
and every fifth year thereafter, the organization or person shall	3286
submit a signed statement from the applicant's personal physician	3287
or chiropractor, a completed application, and any required	3288
documentary evidence of vehicle alterations as provided in	3289
division (B) of this section, and also a power of attorney from	3290
the owner of the motor vehicle if the applicant leases the	3291
vehicle. Upon submission of these items, the registrar or deputy	3292
registrar shall issue to the applicant appropriate vehicle	3293
registration and a set of license plates and validation stickers,	3294
or validation stickers alone when required by section 4503.191 of	3295
the Revised Code. In addition to the letters and numbers	3296
ordinarily inscribed thereon, the license plates shall be	3297
imprinted with the international symbol of access. The license	3298
plates and validation stickers shall be issued upon payment of the	3299
regular license fee as prescribed under section 4503.04 of the	3300
Revised Code and any motor vehicle tax levied under Chapter 4504.	3301
of the Revised Code, and the payment of a service fee equal to the	3302
amount specified in division (D) or (G) of section 4503.10 of the	3303
Revised Code.	3304

(D)(1) Upon receipt of a completed and signed application for	3305
a removable windshield placard, a prescription as described in	3306
division (B) of this section, documentary evidence of regular	3307
transport of persons with disabilities that limit or impair the	3308
ability to walk, if required, and payment of a service fee equal	3309
to the amount specified in division (D) or (G) of section 4503.10	3310
of the Revised Code, the registrar or deputy registrar shall issue	3311
to the applicant a removable windshield placard, which shall bear	3312
the date of expiration on both sides of the placard and shall be	3313
valid until expired, revoked, or surrendered. Every removable	3314
windshield placard expires as described in division (D)(2) of this	3315
section, but in no case shall a removable windshield placard be	3316
valid for a period of less than sixty days. Removable windshield	3317
placards shall be renewable upon application as provided in	3318
division (B) of this section, and a service fee equal to the	3319
amount specified in division (D) or (G) of section 4503.10 of the	3320
Revised Code shall be charged for the renewal of a removable	3321
windshield placard. The registrar shall provide the application	3322
form and shall determine the information to be included thereon.	3323
The registrar also shall determine the form and size of the	3324
removable windshield placard, the material of which it is to be	3325
made, and any other information to be included thereon, and shall	3326
adopt rules relating to the issuance, expiration, revocation,	3327
surrender, and proper display of such placards. Any placard issued	3328
after October 14, 1999, shall be manufactured in a manner that	3329
allows the expiration date of the placard to be indicated on it	3330
through the punching, drilling, boring, or creation by any other	3331
means of holes in the placard.	3332

(2) At the time a removable windshield placard is issued to a	3333
person with a disability that limits or impairs the ability to	3334
walk, the registrar or deputy registrar shall enter into the	3335
records of the bureau of motor vehicles the last date on which the	3336
person will have that disability, as indicated on the accompanying	3337
prescription. Not less than thirty days prior to that date and all	3338
removable windshield placard renewal dates, the bureau shall send	3339
a renewal notice to that person at the person's last known address	3340
as shown in the records of the bureau, informing the person that	3341
the person's removable windshield placard will expire on the	3342
indicated date not to exceed five years from the date of issuance,	3343
and that the person is required to renew the placard by submitting	3344
to the registrar or a deputy registrar another prescription, as	3345
described in division (B) of this section, and by complying with	3346
the renewal provisions prescribed in division (D)(1) of this	3347
section. If such a prescription is not received by the registrar	3348
or a deputy registrar by that date, the placard issued to that	3349
person expires and no longer is valid, and this fact shall be	3350
recorded in the records of the bureau.	3351

(3) At least once every year, on a date determined by the	3352
registrar, the bureau shall examine the records of the office of	3353
vital statistics, located within the department of health, that	3354
pertain to deceased persons, and also the bureau's records of all	3355
persons who have been issued removable windshield placards and	3356
temporary removable windshield placards. If the records of the	3357
office of vital statistics indicate that a person to whom a	3358
removable windshield placard or temporary removable windshield	3359
placard has been issued is deceased, the bureau shall cancel that	3360
placard, and note the cancellation in its records.	3361

The office of vital statistics shall make available to the	3362
bureau all information necessary to enable the bureau to comply	3363
with division (D)(3) of this section.	3364

(4) Nothing in this section shall be construed to require a	3365
person or organization to apply for a removable windshield placard	3366
or special license plates if the parking card or special license	3367
plates issued to the person or organization under prior law have	3368
not expired or been surrendered or revoked.	3369

(E)(1)(a) Any person with a disability that limits or impairs	3370
the ability to walk may apply to the registrar or a deputy	3371
registrar for a temporary removable windshield placard. The	3372
application for a temporary removable windshield placard shall be	3373
accompanied by a prescription from the applicant's personal	3374
physician or chiropractor prescribing such a placard for the	3375
applicant, ~~and by a signed statement certifying~~provided that the	3376
applicant meets at least one of the criteria contained in division	3377
(A)(1) of this section and that the disability is expected to	3378
continue for six consecutive months or less. The physician or	3379
chiropractor shall state on the prescription the length of time	3380
the physician or chiropractor expects the applicant to have the	3381
disability that limits or impairs the applicant's ability to walk,	3382
which cannot exceed six months from the date of the prescription.	3383
Upon receipt of an application for a temporary removable	3384
windshield placard, presentation of the prescription ~~and the~~	3385
~~signed statement~~ from the applicant's personal physician or	3386
chiropractor, and payment of a service fee equal to the amount	3387
specified in division (D) or (G) of section 4503.10 of the Revised	3388
Code, the registrar or deputy registrar shall issue to the	3389
applicant a temporary removable windshield placard. ~~The~~	3390

(b) Any active-duty member of the armed forces of the United	3391
States, including the reserve components of the armed forces and	3392
the national guard, who has an illness or injury that limits or	3393
impairs the ability to walk may apply to the registrar or a deputy	3394
registrar for a temporary removable windshield placard. With the	3395
application, the person shall present evidence of the person's	3396
active-duty status and the illness or injury. Evidence of the	3397
illness or injury may include a current department of defense	3398
convalescent leave statement, any department of defense document	3399
indicating that the person currently has an ill or injured	3400
casualty status or has limited duties, or a prescription from any	3401
physician or chiropractor prescribing the placard for the	3402
applicant. Upon receipt of the application and the necessary	3403
evidence, the registrar or deputy registrar shall issue the	3404
applicant the temporary removable windshield placard without the	3405
payment of any service fee.	3406

(2) The temporary removable windshield placard shall be of	3407
the same size and form as the removable windshield placard, shall	3408
be printed in white on a red-colored background, and shall bear	3409
the word "temporary" in letters of such size as the registrar	3410
shall prescribe. A temporary removable windshield placard also	3411
shall bear the date of expiration on the front and back of the	3412
placard, and shall be valid until expired, surrendered, or	3413
revoked, but in no case shall such a placard be valid for a period	3414
of less than sixty days. The registrar shall provide the	3415
application form and shall determine the information to be	3416
included on it, provided that the registrar shall not require a	3417
physician or chiropractor's prescription or certification for a	3418
person applying under division (E)(1)(b) of this section. The	3419
registrar also shall determine the material of which the temporary	3420
removable windshield placard is to be made and any other	3421
information to be included on the placard and shall adopt rules	3422
relating to the issuance, expiration, surrender, revocation, and	3423
proper display of those placards. Any temporary removable	3424
windshield placard issued after October 14, 1999, shall be	3425
manufactured in a manner that allows for the expiration date of	3426
the placard to be indicated on it through the punching, drilling,	3427
boring, or creation by any other means of holes in the placard.	3428

(F) If an applicant for a removable windshield placard is a	3429
veteran of the armed forces of the United States whose disability,	3430
as defined in division (A)(1) of this section, is	3431
service-connected, the registrar or deputy registrar, upon receipt	3432
of the application, presentation of a signed statement from the	3433
applicant's personal physician or chiropractor certifying the	3434
applicant's disability, and presentation of such documentary	3435
evidence from the department of veterans affairs that the	3436
disability of the applicant meets at least one of the criteria	3437
identified in division (A)(1) of this section and is	3438
service-connected as the registrar may require by rule, but	3439
without the payment of any service fee, shall issue the applicant	3440
a removable windshield placard that is valid until expired,	3441
surrendered, or revoked.	3442

(G) Upon a conviction of a violation of division ~~(H),~~ (I), or	3443
(J), or (K) of this section, the court shall report the	3444
conviction, and send the placard or parking card, if available, to	3445
the registrar, who thereupon shall revoke the privilege of using	3446
the placard or parking card and send notice in writing to the	3447
placardholder or cardholder at that holder's last known address as	3448
shown in the records of the bureau, and the placardholder or	3449
cardholder shall return the placard or card if not previously	3450
surrendered to the court, to the registrar within ten days	3451
following mailing of the notice.	3452

Whenever a person to whom a removable windshield placard or	3453
parking card has been issued moves to another state, the person	3454
shall surrender the placard or card to the registrar; and whenever	3455
an organization to which a placard or card has been issued changes	3456
its place of operation to another state, the organization shall	3457
surrender the placard or card to the registrar.	3458

~~(G)~~(H) Subject to division (F) of section 4511.69 of the	3459
Revised Code, the operator of a motor vehicle displaying a	3460
removable windshield placard, temporary removable windshield	3461
placard, parking card, or the special license plates authorized by	3462
this section is entitled to park the motor vehicle in any special	3463
parking location reserved for persons with disabilities that limit	3464
or impair the ability to walk, also known as handicapped parking	3465
spaces or disability parking spaces.	3466

~~(H)~~(I) No person or organization that is not eligible under	3467
division (B) or (E) of this section shall willfully and falsely	3468
represent that the person or organization is so eligible.	3469

No person or organization shall display license plates issued	3470
under this section unless the license plates have been issued for	3471
the vehicle on which they are displayed and are valid.	3472

~~(I)~~(J) No person or organization to which a removable	3473
windshield placard or temporary removable windshield placard is	3474
issued shall do either of the following:	3475

(1) Display or permit the display of the placard on any motor	3476
vehicle when having reasonable cause to believe the motor vehicle	3477
is being used in connection with an activity that does not include	3478
providing transportation for persons with disabilities that limit	3479
or impair the ability to walk;	3480

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

3481

~~(J)~~(K)(1) No person or organization to which a parking card	3482
is issued shall do either of the following:	3483

(a) Display or permit the display of the parking card on any	3484
motor vehicle when having reasonable cause to believe the motor	3485
vehicle is being used in connection with an activity that does not	3486
include providing transportation for a handicapped person;	3487

(b) Refuse to return or surrender the parking card, when	3488
required.	3489

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

3490

(a) "Handicapped person" means any person who has lost the	3491
use of one or both legs or one or both arms, who is blind, deaf,	3492
or so severely handicapped as to be unable to move about without	3493
the aid of crutches or a wheelchair, or whose mobility is	3494
restricted by a permanent cardiovascular, pulmonary, or other	3495
handicapping condition.	3496

(b) "Organization" means any private organization or	3497
corporation, or any governmental board, agency, department,	3498
division, or office, that, as part of its business or program,	3499
transports handicapped persons on a regular basis in a motor	3500
vehicle that has not been altered for the purposes of providing it	3501
with special equipment for use by handicapped persons.	3502

~~(K)~~(L) If a removable windshield placard, temporary removable	3503
windshield placard, or parking card is lost, destroyed, or	3504
mutilated, the placardholder or cardholder may obtain a duplicate	3505
by doing both of the following:	3506

(1) Furnishing suitable proof of the loss, destruction, or	3507
mutilation to the registrar;	3508

(2) Paying a service fee equal to the amount specified in	3509
division (D) or (G) of section 4503.10 of the Revised Code.	3510

Any placardholder or cardholder who loses a placard or card	3511
and, after obtaining a duplicate, finds the original, immediately	3512
shall surrender the original placard or card to the registrar.	3513

~~(L)~~(M) The registrar shall pay all fees received under this	3514
section for the issuance of removable windshield placards or	3515
temporary removable windshield placards or duplicate removable	3516
windshield placards or cards into the state treasury to the credit	3517
of the state bureau of motor vehicles fund created in section	3518
4501.25 of the Revised Code.	3519

~~(M)~~(N) For purposes of enforcing this section, every peace	3520
officer is deemed to be an agent of the registrar. Any peace	3521
officer or any authorized employee of the bureau of motor vehicles	3522
who, in the performance of duties authorized by law, becomes aware	3523
of a person whose placard or parking card has been revoked	3524
pursuant to this section, may confiscate that placard or parking	3525
card and return it to the registrar. The registrar shall prescribe	3526
any forms used by law enforcement agencies in administering this	3527
section.	3528

No peace officer, law enforcement agency employing a peace	3529
officer, or political subdivision or governmental agency employing	3530
a peace officer, and no employee of the bureau is liable in a	3531
civil action for damages or loss to persons arising out of the	3532
performance of any duty required or authorized by this section. As	3533
used in this division, "peace officer" has the same meaning as in	3534
division (B) of section 2935.01 of the Revised Code.	3535

~~(N)~~(O) All applications for registration of motor vehicles,	3536
removable windshield placards, and temporary removable windshield	3537
placards issued under this section, all renewal notices for such	3538
items, and all other publications issued by the bureau that relate	3539
to this section shall set forth the criminal penalties that may be	3540
imposed upon a person who violates any provision relating to	3541
special license plates issued under this section, the parking of	3542
vehicles displaying such license plates, and the issuance,	3543
procurement, use, and display of removable windshield placards and	3544
temporary removable windshield placards issued under this section.	3545

~~(O)~~(P) Whoever violates this section is guilty of a	3546
misdemeanor of the fourth degree.	3547

Sec. 4503.642. (A) There is hereby created in the bureau of	3548
motor vehicles a performance registration and information systems	3549
management program for coordinating motor carrier safety	3550
information with federal and state agencies. The registrar of	3551
motor vehicles shall collect and maintain necessary motor carrier,	3552
commercial motor vehicle, and driver data in a manner that	3553
complies with the information systems established by the United	3554
States secretary of transportation under 49 U.S.C. 31106.	3555

(B) The registrar shall refuse to issue a registration,	3556
license plate, permit, or certificate of title for any commercial	3557
motor vehicle that is assigned to a motor carrier that has been	3558
prohibited from operating by a federal agency. The registrar may	3559
allow a prohibited motor vehicle carrier to transfer title on a	3560
commercial motor vehicle if the prohibited carrier does not retain	3561
a direct or indirect interest in the vehicle.	3562

(C) The registrar shall suspend, revoke, deny, or remove the	3563
registration, license plates, or any permit issued to any	3564
commercial motor vehicle that is assigned to a motor carrier who	3565
has been prohibited from operating by a federal agency. The	3566
suspension, revocation, denial, or removal shall remain in effect	3567
until the carrier is no longer prohibited from operating by the	3568
federal agency. The suspension, revocation, denial, or removal	3569
shall apply to all commercial motor vehicles under the carrier's	3570
control.	3571

(D) A carrier or registrant whose privilege to operate a	3572
commercial motor vehicle has been suspended, revoked, denied, or	3573
removed under division (C) of this section may request a hearing	3574
in accordance with Chapter 119. of the Revised Code. The hearing	3575
shall be limited to whether the carrier or registrant has been	3576
correctly identified, whether the carrier or registrant has been	3577
prohibited from operating by the federal agency, and whether the	3578
federal agency subsequently has rescinded the prohibition.	3579

(E) The registrar shall restore a motor carrier's or	3580
registrant's privilege to register, transfer a title, or operate a	3581
commercial motor vehicle only upon acceptable notification from	3582
the federal agency that the prohibition has been removed and upon	3583
payment of all applicable taxes and fees.	3584

(F) The registrar shall take those steps necessary to	3585
implement this section, including the adoption of rules,	3586
procedures, and forms.	3587

Sec. 4504.01. As used in this chapter:

3588

(A) "Motor vehicle" means all vehicles included within the	3589
definition of motor vehicle in sections 4501.01 and 4505.01 of the	3590
Revised Code and also includes motorized bicycles. "Motor vehicle"	3591
does not include a concrete pump or a concrete conveyor.	3592

(B) "County motor vehicle license tax" means a tax imposed by	3593
a county pursuant to this chapter.	3594

(C) "Township motor vehicle license tax" means a tax imposed	3595
by a township pursuant to this chapter.	3596

(D) "Municipal motor vehicle license tax" means a tax imposed	3597
by a municipal corporation pursuant to this chapter.	3598

(E) "Registrar" means the registrar of motor vehicles as	3599
provided in section 4501.02 of the Revised Code.	3600

(F) "Deputy registrar" means any deputy appointed by the	3601
registrar of motor vehicles pursuant to sections 4501.02 and	3602
4503.03 of the Revised Code.	3603

Sec. 4505.022. The registrar of motor vehicles may adopt	3604
rules pursuant to Chapter 119. of the Revised Code to allow a	3605
motor vehicle auction owner licensed under section 4517.07 of the	3606
Revised Code to file an application for a certificate of title in	3607
an electronic manner approved by the registrar.	3608

Sec. 4505.032. (A)(1) If a person who is not an electronic	3609
motor vehicle dealer owns a motor vehicle for which a physical	3610
certificate of title has not been issued by a clerk of a court of	3611
common pleas and the person sells the motor vehicle to an	3612
~~electronic~~ a motor vehicle dealer licensed under Chapter 4517. of	3613
the Revised Code, the person is not required to obtain a physical	3614
certificate of title to the motor vehicle in order to transfer	3615
ownership to the dealer. The person shall present the dealer, in a	3616
manner approved by the registrar of motor vehicles, with	3617
sufficient proof of the person's identity and complete and sign a	3618
form prescribed by the registrar attesting to the person's	3619
identity and assigning the motor vehicle to the dealer. ~~The~~Except	3620
as otherwise provided in this section, the motor vehicle dealer	3621
shall present the assignment form to any clerk of a court of	3622
common pleas together with an application for a certificate of	3623
title and payment of the fees prescribed by section 4505.09 of the	3624
Revised Code.	3625

In a case in which a person who is the owner of a motor	3626
vehicle for which a physical certificate of title has not been	3627
issued assigns the motor vehicle to an electronic motor vehicle	3628
dealer, the electronic motor vehicle dealer ~~then shall~~instead may	3629
inform a clerk of a court of common pleas via electronic means of	3630
the sale of the motor vehicle and assignment of ownership of the	3631
vehicle to the dealer. The clerk shall enter the information	3632
relating to the assignment, including, but not limited to, the	3633
odometer disclosure statement required by section 4505.06 of the	3634
Revised Code, into the automated title processing system, and	3635
ownership of the vehicle passes to the dealer when the clerk	3636
enters this information into the system. The dealer is not	3637
required to obtain a certificate of title to the vehicle in the	3638
dealer's name.	3639

(2) A clerk shall charge and collect from a dealer a fee of	3640
five dollars for each motor vehicle assigned to the dealer under	3641
division (A)(1) of this section. The fee shall be distributed in	3642
accordance with section 4505.09 of the Revised Code.	3643

(B) If a person who is not an electronic motor vehicle dealer	3644
owns a motor vehicle for which a physical certificate of title has	3645
not been issued by a clerk of a court of common pleas and the	3646
person sells the motor vehicle to a person who is not an	3647
~~electronic~~a motor vehicle dealer licensed under Chapter 4517. of	3648
the Revised Code, the person shall obtain a physical certificate	3649
of title to the motor vehicle in order to transfer ownership of	3650
the vehicle to ~~the~~that person ~~who is not an electronic motor~~	3651
~~vehicle dealer~~.	3652

Sec. 4505.06. (A)(1) Application for a certificate of title	3653
shall be made in a form prescribed by the registrar of motor	3654
vehicles and shall be sworn to before a notary public or other	3655
officer empowered to administer oaths. The application shall be	3656
filed with the clerk of any court of common pleas. An application	3657
for a certificate of title may be filed electronically by any	3658
electronic means approved by the registrar in any county with the	3659
clerk of the court of common pleas of that county. Any payments	3660
required by this chapter shall be considered as accompanying any	3661
electronically transmitted application when payment actually is	3662
received by the clerk. Payment of any fee or taxes may be made by	3663
electronic transfer of funds.	3664

(2) The application for a certificate of title shall be	3665
accompanied by the fee prescribed in section 4505.09 of the	3666
Revised Code. The fee shall be retained by the clerk who issues	3667
the certificate of title and shall be distributed in accordance	3668
with that section. If a clerk of a court of common pleas, other	3669
than the clerk of the court of common pleas of an applicant's	3670
county of residence, issues a certificate of title to the	3671
applicant, the clerk shall transmit data related to the	3672
transaction to the automated title processing system.	3673

(3) If a certificate of title previously has been issued for	3674
a motor vehicle in this state, the application for a certificate	3675
of title also shall be accompanied by that certificate of title	3676
duly assigned, unless otherwise provided in this chapter. If a	3677
certificate of title previously has not been issued for the motor	3678
vehicle in this state, the application, unless otherwise provided	3679
in this chapter, shall be accompanied by a manufacturer's or	3680
importer's certificate or by a certificate of title of another	3681
state from which the motor vehicle was brought into this state. If	3682
the application refers to a motor vehicle last previously	3683
registered in another state, the application also shall be	3684
accompanied by the physical inspection certificate required by	3685
section 4505.061 of the Revised Code. If the application is made	3686
by two persons regarding a motor vehicle in which they wish to	3687
establish joint ownership with right of survivorship, they may do	3688
so as provided in section 2131.12 of the Revised Code. If the	3689
applicant requests a designation of the motor vehicle in	3690
beneficiary form so that upon the death of the owner of the motor	3691
vehicle, ownership of the motor vehicle will pass to a designated	3692
transfer-on-death beneficiary or beneficiaries, the applicant may	3693
do so as provided in section 2131.13 of the Revised Code. A person	3694
who establishes ownership of a motor vehicle that is transferable	3695
on death in accordance with section 2131.13 of the Revised Code	3696
may terminate that type of ownership or change the designation of	3697
the transfer-on-death beneficiary or beneficiaries by applying for	3698
a certificate of title pursuant to this section. The clerk shall	3699
retain the evidence of title presented by the applicant and on	3700
which the certificate of title is issued, except that, if an	3701
application for a certificate of title is filed electronically by	3702
an electronic motor vehicle dealer on behalf of the purchaser of a	3703
motor vehicle, the clerk shall retain the completed electronic	3704
record to which the dealer converted the certificate of title	3705
application and other required documents. The registrar, after	3706
consultation with the attorney general, shall adopt rules that	3707
govern the location at which, and the manner in which, are stored	3708
the actual application and all other documents relating to the	3709
sale of a motor vehicle when an electronic motor vehicle dealer	3710
files the application for a certificate of title electronically on	3711
behalf of the purchaser.	3712

The clerk shall use reasonable diligence in ascertaining	3713
whether or not the facts in the application for a certificate of	3714
title are true by checking the application and documents	3715
accompanying it or the electronic record to which a dealer	3716
converted the application and accompanying documents with the	3717
records of motor vehicles in the clerk's office. If the clerk is	3718
satisfied that the applicant is the owner of the motor vehicle and	3719
that the application is in the proper form, the clerk, within five	3720
business days after the application is filed, shall issue a	3721
physical certificate of title over the clerk's signature and	3722
sealed with the clerk's seal, unless the applicant specifically	3723
requests the clerk not to issue a physical certificate of title	3724
and instead to issue an electronic certificate of title. For	3725
purposes of the transfer of a certificate of title, if the clerk	3726
is satisfied that the secured party has duly discharged a lien	3727
notation but has not canceled the lien notation with a clerk, the	3728
clerk may cancel the lien notation on the automated title	3729
processing system and notify the clerk of the county of origin.	3730

(4) In the case of the sale of a motor vehicle to a general	3731
buyer or user by a dealer, by a motor vehicle leasing dealer	3732
selling the motor vehicle to the lessee or, in a case in which the	3733
leasing dealer subleased the motor vehicle, the sublessee, at the	3734
end of the lease agreement or sublease agreement, or by a	3735
manufactured home broker, the certificate of title shall be	3736
obtained in the name of the buyer by the dealer, leasing dealer,	3737
or manufactured home broker, as the case may be, upon application	3738
signed by the buyer. The certificate of title shall be issued, or	3739
the process of entering the certificate of title application	3740
information into the automated title processing system if a	3741
physical certificate of title is not to be issued shall be	3742
completed, within five business days after the application for	3743
title is filed with the clerk. If the buyer of the motor vehicle	3744
previously leased the motor vehicle and is buying the motor	3745
vehicle at the end of the lease pursuant to that lease, the	3746
certificate of title shall be obtained in the name of the buyer by	3747
the motor vehicle leasing dealer who previously leased the motor	3748
vehicle to the buyer or by the motor vehicle leasing dealer who	3749
subleased the motor vehicle to the buyer under a sublease	3750
agreement.	3751

In all other cases, except as provided in section 4505.032	3752
and division (D)(2) of section 4505.11 of the Revised Code, such	3753
certificates shall be obtained by the buyer.	3754

(5)(a)(i) If the certificate of title is being obtained in	3755
the name of the buyer by a motor vehicle dealer or motor vehicle	3756
leasing dealer and there is a security interest to be noted on the	3757
certificate of title, the dealer or leasing dealer shall submit	3758
the application for the certificate of title and payment of the	3759
applicable tax to a clerk within seven business days after the	3760
later of the delivery of the motor vehicle to the buyer or the	3761
date the dealer or leasing dealer obtains the manufacturer's or	3762
importer's certificate, or certificate of title issued in the name	3763
of the dealer or leasing dealer, for the motor vehicle. Submission	3764
of the application for the certificate of title and payment of the	3765
applicable tax within the required seven business days may be	3766
indicated by postmark or receipt by a clerk within that period.	3767

(ii) Upon receipt of the certificate of title with the	3768
security interest noted on its face, the dealer or leasing dealer	3769
shall forward the certificate of title to the secured party at the	3770
location noted in the financing documents or otherwise specified	3771
by the secured party.	3772

(iii) A motor vehicle dealer or motor vehicle leasing dealer	3773
is liable to a secured party for a late fee of ten dollars per day	3774
for each certificate of title application and payment of the	3775
applicable tax that is submitted to a clerk more than seven	3776
business days but less than twenty-one days after the later of the	3777
delivery of the motor vehicle to the buyer or the date the dealer	3778
or leasing dealer obtains the manufacturer's or importer's	3779
certificate, or certificate of title issued in the name of the	3780
dealer or leasing dealer, for the motor vehicle and, from then on,	3781
twenty-five dollars per day until the application and applicable	3782
tax are submitted to a clerk.	3783

(b) In all cases of transfer of a motor vehicle, the	3784
application for certificate of title shall be filed within thirty	3785
days after the assignment or delivery of the motor vehicle. If an	3786
application for a certificate of title is not filed within the	3787
period specified in division (A)(5)(b) of this section, the clerk	3788
shall collect a fee of five dollars for the issuance of the	3789
certificate, except that no such fee shall be required from a	3790
motor vehicle salvage dealer, as defined in division (A) of	3791
section 4738.01 of the Revised Code, who immediately surrenders	3792
the certificate of title for cancellation. The fee shall be in	3793
addition to all other fees established by this chapter, and shall	3794
be retained by the clerk. The registrar shall provide, on the	3795
certificate of title form prescribed by section 4505.07 of the	3796
Revised Code, language necessary to give evidence of the date on	3797
which the assignment or delivery of the motor vehicle was made.	3798

(6) As used in division (A) of this section, "lease	3799
agreement," "lessee," and "sublease agreement" have the same	3800
meanings as in section 4505.04 of the Revised Code.	3801

(B) The clerk, except as provided in this section, shall	3802
refuse to accept for filing any application for a certificate of	3803
title and shall refuse to issue a certificate of title unless the	3804
dealer or manufactured home broker or the applicant, in cases in	3805
which the certificate shall be obtained by the buyer, submits with	3806
the application payment of the tax levied by or pursuant to	3807
Chapters 5739. and 5741. of the Revised Code based on the	3808
purchaser's county of residence. Upon payment of the tax in	3809
accordance with division (E) of this section, the clerk shall	3810
issue a receipt prescribed by the registrar and agreed upon by the	3811
tax commissioner showing payment of the tax or a receipt issued by	3812
the commissioner showing the payment of the tax. When submitting	3813
payment of the tax to the clerk, a dealer shall retain any	3814
discount to which the dealer is entitled under section 5739.12 of	3815
the Revised Code.	3816

For receiving and disbursing such taxes paid to the clerk by	3817
a resident of the clerk's county, the clerk may retain a poundage	3818
fee of one and one one-hundredth per cent, and the clerk shall pay	3819
the poundage fee into the certificate of title administration fund	3820
created by section 325.33 of the Revised Code. The clerk shall not	3821
retain a poundage fee from payments of taxes by persons who do not	3822
reside in the clerk's county.	3823

A clerk, however, may retain from the taxes paid to the clerk	3824
an amount equal to the poundage fees associated with certificates	3825
of title issued by other clerks of courts of common pleas to	3826
applicants who reside in the first clerk's county. The registrar,	3827
in consultation with the tax commissioner and the clerks of the	3828
courts of common pleas, shall develop a report from the automated	3829
title processing system that informs each clerk of the amount of	3830
the poundage fees that the clerk is permitted to retain from those	3831
taxes because of certificates of title issued by the clerks of	3832
other counties to applicants who reside in the first clerk's	3833
county.	3834

In the case of casual sales of motor vehicles, as defined in	3835
section 4517.01 of the Revised Code, the price for the purpose of	3836
determining the tax shall be the purchase price on the assigned	3837
certificate of title executed by the seller and filed with the	3838
clerk by the buyer on a form to be prescribed by the registrar,	3839
which shall be prima-facie evidence of the amount for the	3840
determination of the tax.	3841

(C)(1) If the transferor indicates on the certificate of	3842
title that the odometer reflects mileage in excess of the designed	3843
mechanical limit of the odometer, the clerk shall enter the phrase	3844
"exceeds mechanical limits" following the mileage designation. If	3845
the transferor indicates on the certificate of title that the	3846
odometer reading is not the actual mileage, the clerk shall enter	3847
the phrase "nonactual: warning - odometer discrepancy" following	3848
the mileage designation. The clerk shall use reasonable care in	3849
transferring the information supplied by the transferor, but is	3850
not liable for any errors or omissions of the clerk or those of	3851
the clerk's deputies in the performance of the clerk's duties	3852
created by this chapter.	3853

The registrar shall prescribe an affidavit in which the	3854
transferor shall swear to the true selling price and, except as	3855
provided in this division, the true odometer reading of the motor	3856
vehicle. The registrar may prescribe an affidavit in which the	3857
seller and buyer provide information pertaining to the odometer	3858
reading of the motor vehicle in addition to that required by this	3859
section, as such information may be required by the United States	3860
secretary of transportation by rule prescribed under authority of	3861
subchapter IV of the "Motor Vehicle Information and Cost Savings	3862
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	3863

(2) Division (C)(1) of this section does not require the	3864
giving of information concerning the odometer and odometer reading	3865
of a motor vehicle when ownership of a motor vehicle is being	3866
transferred as a result of a bequest, under the laws of intestate	3867
succession, to a survivor pursuant to section 2106.18, 2131.12, or	3868
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	3869
beneficiaries pursuant to section 2131.13 of the Revised Code, or	3870
in connection with the creation of a security interest or for a	3871
vehicle with a gross vehicle weight rating of more than sixteen	3872
thousand pounds.	3873

(D) When the transfer to the applicant was made in some other	3874
state or in interstate commerce, the clerk, except as provided in	3875
this section, shall refuse to issue any certificate of title	3876
unless the tax imposed by or pursuant to Chapter 5741. of the	3877
Revised Code based on the purchaser's county of residence has been	3878
paid as evidenced by a receipt issued by the tax commissioner, or	3879
unless the applicant submits with the application payment of the	3880
tax. Upon payment of the tax in accordance with division (E) of	3881
this section, the clerk shall issue a receipt prescribed by the	3882
registrar and agreed upon by the tax commissioner, showing payment	3883
of the tax.	3884

For receiving and disbursing such taxes paid to the clerk by	3885
a resident of the clerk's county, the clerk may retain a poundage	3886
fee of one and one one-hundredth per cent. The clerk shall not	3887
retain a poundage fee from payments of taxes by persons who do not	3888
reside in the clerk's county.	3889

A clerk, however, may retain from the taxes paid to the clerk	3890
an amount equal to the poundage fees associated with certificates	3891
of title issued by other clerks of courts of common pleas to	3892
applicants who reside in the first clerk's county. The registrar,	3893
in consultation with the tax commissioner and the clerks of the	3894
courts of common pleas, shall develop a report from the automated	3895
title processing system that informs each clerk of the amount of	3896
the poundage fees that the clerk is permitted to retain from those	3897
taxes because of certificates of title issued by the clerks of	3898
other counties to applicants who reside in the first clerk's	3899
county.	3900

When the vendor is not regularly engaged in the business of	3901
selling motor vehicles, the vendor shall not be required to	3902
purchase a vendor's license or make reports concerning those	3903
sales.	3904

(E) The clerk shall accept any payment of a tax in cash, or	3905
by cashier's check, certified check, draft, money order, or teller	3906
check issued by any insured financial institution payable to the	3907
clerk and submitted with an application for a certificate of title	3908
under division (B) or (D) of this section. The clerk also may	3909
accept payment of the tax by corporate, business, or personal	3910
check, credit card, electronic transfer or wire transfer, debit	3911
card, or any other accepted form of payment made payable to the	3912
clerk. The clerk may require bonds, guarantees, or letters of	3913
credit to ensure the collection of corporate, business, or	3914
personal checks. Any service fee charged by a third party to a	3915
clerk for the use of any form of payment may be paid by the clerk	3916
from the certificate of title administration fund created in	3917
section 325.33 of the Revised Code, or may be assessed by the	3918
clerk upon the applicant as an additional fee. Upon collection,	3919
the additional fees shall be paid by the clerk into that	3920
certificate of title administration fund.	3921

The clerk shall make a good faith effort to collect any	3922
payment of taxes due but not made because the payment was returned	3923
or dishonored, but the clerk is not personally liable for the	3924
payment of uncollected taxes or uncollected fees. The clerk shall	3925
notify the tax commissioner of any such payment of taxes that is	3926
due but not made and shall furnish the information to the	3927
commissioner that the commissioner requires. The clerk shall	3928
deduct the amount of taxes due but not paid from the clerk's	3929
periodic remittance of tax payments, in accordance with procedures	3930
agreed upon by the tax commissioner. The commissioner may collect	3931
taxes due by assessment in the manner provided in section 5739.13	3932
of the Revised Code.	3933

Any person who presents payment that is returned or	3934
dishonored for any reason is liable to the clerk for payment of a	3935
penalty over and above the amount of the taxes due. The clerk	3936
shall determine the amount of the penalty, and the penalty shall	3937
be no greater than that amount necessary to compensate the clerk	3938
for banking charges, legal fees, or other expenses incurred by the	3939
clerk in collecting the returned or dishonored payment. The	3940
remedies and procedures provided in this section are in addition	3941
to any other available civil or criminal remedies. Subsequently	3942
collected penalties, poundage fees, and title fees, less any title	3943
fee due the state, from returned or dishonored payments collected	3944
by the clerk shall be paid into the certificate of title	3945
administration fund. Subsequently collected taxes, less poundage	3946
fees, shall be sent by the clerk to the treasurer of state at the	3947
next scheduled periodic remittance of tax payments, with	3948
information as the commissioner may require. The clerk may abate	3949
all or any part of any penalty assessed under this division.	3950

(F) In the following cases, the clerk shall accept for filing	3951
an application and shall issue a certificate of title without	3952
requiring payment or evidence of payment of the tax:	3953

(1) When the purchaser is this state or any of its political	3954
subdivisions, a church, or an organization whose purchases are	3955
exempted by section 5739.02 of the Revised Code;	3956

(2) When the transaction in this state is not a retail sale	3957
as defined by section 5739.01 of the Revised Code;	3958

(3) When the purchase is outside this state or in interstate	3959
commerce and the purpose of the purchaser is not to use, store, or	3960
consume within the meaning of section 5741.01 of the Revised Code;	3961

(4) When the purchaser is the federal government;

3962

(5) When the motor vehicle was purchased outside this state	3963
for use outside this state;	3964

(6) When the motor vehicle is purchased by a nonresident of	3965
this state for immediate removal from this state, and will be	3966
permanently titled and registered in another state, as provided by	3967
division (B)(23) of section 5739.02 of the Revised Code, and upon	3968
presentation of a copy of the affidavit provided by that section,	3969
and a copy of the exemption certificate provided by section	3970
5739.03 of the Revised Code.	3971

The clerk shall forward all payments of taxes, less poundage	3972
fees, to the treasurer of state in a manner to be prescribed by	3973
the tax commissioner and shall furnish information to the	3974
commissioner as the commissioner requires.	3975

(G) An application, as prescribed by the registrar and agreed	3976
to by the tax commissioner, shall be filled out and sworn to by	3977
the buyer of a motor vehicle in a casual sale. The application	3978
shall contain the following notice in bold lettering: "WARNING TO	3979
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	3980
law to state the true selling price. A false statement is in	3981
violation of section 2921.13 of the Revised Code and is punishable	3982
by six months' imprisonment or a fine of up to one thousand	3983
dollars, or both. All transfers are audited by the department of	3984
taxation. The seller and buyer must provide any information	3985
requested by the department of taxation. The buyer may be assessed	3986
any additional tax found to be due."	3987

(H) For sales of manufactured homes or mobile homes occurring	3988
on or after January 1, 2000, the clerk shall accept for filing,	3989
pursuant to Chapter 5739. of the Revised Code, an application for	3990
a certificate of title for a manufactured home or mobile home	3991
without requiring payment of any tax pursuant to section 5739.02,	3992
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	3993
issued by the tax commissioner showing payment of the tax. For	3994
sales of manufactured homes or mobile homes occurring on or after	3995
January 1, 2000, the applicant shall pay to the clerk an	3996
additional fee of five dollars for each certificate of title	3997
issued by the clerk for a manufactured or mobile home pursuant to	3998
division (H) of section 4505.11 of the Revised Code and for each	3999
certificate of title issued upon transfer of ownership of the	4000
home. The clerk shall credit the fee to the county certificate of	4001
title administration fund, and the fee shall be used to pay the	4002
expenses of archiving those certificates pursuant to division (A)	4003
of section 4505.08 and division (H)(3) of section 4505.11 of the	4004
Revised Code. The tax commissioner shall administer any tax on a	4005
manufactured or mobile home pursuant to Chapters 5739. and 5741.	4006
of the Revised Code.	4007

(I) Every clerk shall have the capability to transact by	4008
electronic means all procedures and transactions relating to the	4009
issuance of motor vehicle certificates of title that are described	4010
in the Revised Code as being accomplished by electronic means.	4011

Sec. 4505.07. (A) A physical certificate of title shall be	4012
printed upon a special paper with a secure printing process or	4013
other secure process, for the printing of motor vehicle titles, as	4014
required by section 2 of the "Truth in Mileage Act of 1986," 100	4015
Stat. 3309, 15 U.S.C.A. 1901 et seq.	4016

An electronic certificate of title is an electronic record	4017
stored in the automated title processing system that established	4018
ownership of a motor vehicle, as well as any security interests	4019
that exist in that motor vehicle.	4020

(B) Every certificate of title shall bear the distinguishing	4021
number assigned to the title, and shall contain, on the front of	4022
the certificate, the following information:	4023

(1) An indication that the certificate is issued in this	4024
state;	4025

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

4026

(3) An indication that the certificate is an original,	4027
memorandum, duplicate, or salvage certificate;	4028

(4) The date of issuance of the certificate;

4029

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

4030

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

4031

(7) The previous certificate of title number;

4032

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

4033

(9) The make, body type, year, model, and vehicle	4034
identification number of the vehicle;	4035

(10) First and second lien notation information, including	4036
the name and address of the lienholder in full and the date of the	4037
lien notation;	4038

(11) For discharging and canceling the lien notation, a	4039
notice that states: "lien discharge," a space for the signature of	4040
the lienholder, the discharge date, a space for the signature of	4041
the clerk of the court of common pleas, the cancellation date, and	4042
a space for the notation of the deputy clerk;	4043

(12) The purchase price of the motor vehicle and the amount	4044
of Ohio sales or use tax paid;	4045

(13) The mileage registered on the odometer and the status of	4046
the odometer of the vehicle at the time the previous title was	4047
assigned;	4048

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

4049

(15) The signature of the clerk;

4050

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

4051

(17) A space for other pertinent information as may be	4052
required by the registrar of motor vehicles;	4053

(18) A consecutive number for control purposes;

4054

(19) In the case of a vehicle last previously registered in	4055
another state, a space to be used for recording any notation	4056
applicable to the vehicle and the abbreviation of the state in	4057
which the vehicle was last registered, as required by divisions	4058
(B)(1) and (2) of section 4505.08 of the Revised Code;	4059

(20) In the case of a vehicle last previously registered in	4060
this state, a space to be used for recording any information	4061
applicable to the vehicle as required by division (C) of section	4062
4505.08 of the Revised Code or by rule of the registrar of motor	4063
vehicles adopted under that division.	4064

(C) If the certificate of title is a duplicate certificate,	4065
that fact and the original title number must be stated on the	4066
front of the duplicate certificate.	4067

(D) If the certificate of title is a memorandum certificate,	4068
that fact and the original title number must be stated on the	4069
front of the memorandum certificate.	4070

(E) If the certificate of title is a salvage certificate,	4071
that fact and the original title number must be stated on the	4072
front of the salvage certificate.	4073

(F) The following information shall appear on the reverse	4074
side of each certificate of title:	4075

(1) A notice in bold lettering that states: "ERASURES AND	4076
ALTERATIONS VOID THIS TITLE ASSIGNMENT. (Type or print in ink.)";	4077

(2) The total consideration of the vehicle;

4078

(3) A disclosure that states: "I (we) certify the vehicle	4079
described in this title was transferred for the price of	4080
$.......... to:" and the printed name and address of the buyer in	4081
full;	4082

(4) An odometer certification statement that states: "Federal	4083
and state laws require that you state the mileage in connection	4084
with transfer of ownership. Failure to complete or providing false	4085
information may result in fines and imprisonment."	4086

The odometer certification language as required by federal law and	4087
division (C) of section 4505.06 of the Revised Code.	4088

(5) A disclosure that states: "I (we) warrant the title to be	4089
free of all liens."	4090

(6) A space for the signature of the transferor and the	4091
transferor's printed name and address in full;	4092

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

4093

(8) The acknowledgment statement of the clerk, the deputy	4094
clerk, or a notary;	4095

(9) A space for the signature of the clerk, the deputy clerk,	4096
or a notary;	4097

(10) The buyer's odometer acknowledgment statement, with a	4098
space for the buyer's printed name and address;	4099

(11) A notice in bold lettering that states: "WARNING TO	4100
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	4101
law to state the true selling price. A false statement is in	4102
violation of section 2921.13 of the Revised Code and is punishable	4103
by six months' imprisonment or a fine of up to one thousand	4104
dollars, or both. All transfers are audited by the department of	4105
taxation.	4106

The seller and buyer must provide any information requested	4107
by the department of taxation. The buyer may be assessed any	4108
additional tax found to be due."	4109

(12) An application for a certificate of title, memorandum	4110
certificate of title, or salvage certificate of title, as	4111
prescribed by the registrar, which shall include all of the	4112
following:	4113

(a) A disclosure that states: "Application for certificate of	4114
title (type or print in ink)";	4115

(b) A disclosure that states: "Fee of $5.00 for failure to	4116
apply for title within 30 days of assignment.";	4117

4118

(d) A space for the applicant's social security number or	4119
employer's identification number;	4120

(e) A space for the purchase price, tax paid, or tax	4121
exemption reason, or dealer's permit number, and vendor's number,	4122
and condition of the vehicle;	4123

(f) A disclosure statement that states: "Lien information: If	4124
no lien state "none." If more than one lien, attach statement of	4125
all additional liens.";	4126

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

4127

(h) A disclosure statement that states: "I (we) state that	4128
all information contained in this application is true and	4129
correct.";	4130

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

4131

(j) A space for the acknowledgment statement of the clerk,	4132
the deputy clerk, or a notary;	4133

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

4134

(l) A space for the signature of the clerk, the deputy clerk,	4135
or a notary;	4136

(m) Any other pertinent information as may be required by the	4137
registrar.	4138

Sec. 4505.08. (A) When the clerk of a court of common pleas	4139
issues a physical certificate of title, the clerk shall issue the	4140
certificate of title ~~in duplicate. One copy shall be retained and~~	4141
~~filed by the clerk in the clerk's office~~on a form and in a manner	4142
prescribed by the registrar of motor vehicles. The clerk shall	4143
file a copy of the physical evidence for the creation of the	4144
certificate of title in a manner prescribed by the registrar. A	4145
clerk may retain digital images of documents used as evidence for	4146
issuance of a certificate of title. Certified printouts of	4147
documents retained as digital images shall have the same	4148
evidentiary value as the original physical documents. The record	4149
of the issuance of the certificate of title shall be maintained in	4150
the automated title processing system. The clerk shall sign and	4151
affix the clerk's seal to the original certificate of title and,	4152
if there are no liens on the motor vehicle, shall deliver the	4153
certificate to the applicant or the selling dealer. If there are	4154
one or more liens on the motor vehicle, the certificate of title	4155
shall be delivered to the holder of the first lien or the selling	4156
dealer, who shall deliver the certificate of title to the holder	4157
of the first lien.	4158

The registrar ~~of motor vehicles~~ shall prescribe a uniform	4159
method of numbering certificates of title, and such numbering	4160
shall be in such manner that the county of issuance is indicated.	4161
The clerk shall assign numbers to certificates of title in the	4162
manner prescribed by the registrar. The clerk shall file all	4163
certificates of title according to rules to be prescribed by the	4164
registrar, and the clerk shall maintain in the clerk's office	4165
indexes for the certificates of title.	4166

The clerk need not retain on file any current certificates of	4167
title, current duplicate certificates of title, current memorandum	4168
certificates of title, or current salvage certificates of title,	4169
or supporting evidence of them~~, including the electronic record~~	4170
~~described in division (A) of section 4505.06 of the Revised Code,~~	4171
covering any motor vehicle or manufactured or mobile home for a	4172
period longer than seven years after the date of its filing;	4173
thereafter, the documents and supporting evidence may be	4174
destroyed. The clerk need not retain on file any inactive records,	4175
including certificates of title, duplicate certificates of title,	4176
or memorandum certificates of title, or supporting evidence of	4177
them, including the electronic record described in division (A) of	4178
section 4505.06 of the Revised Code, covering any motor vehicle or	4179
manufactured or mobile home for a period longer than five years	4180
after the date of its filing; thereafter, the documents and	4181
supporting evidence may be destroyed.	4182

The automated title processing system shall contain all	4183
active records and an index of the active records, a record and	4184
index of all inactive titles for ten years, and a record and index	4185
of all inactive titles for manufactured and mobile homes for	4186
thirty years. If the clerk provides a written copy of any	4187
information contained in the database, the copy shall be	4188
considered the original for purposes of the clerk certifying the	4189
record of the information for use in any legal proceeding.	4190

(B)(1) If the clerk issues a certificate of title for a	4191
motor vehicle that was last previously registered in another	4192
state, the clerk shall record verbatim, where practicable, in the	4193
space on the title described in division (B)(19) of section	4194
4505.07 of the Revised Code, the words that appear as a notation	4195
to the vehicle on the title issued by the previous state. These	4196
notations may include, but are not limited to, words to the	4197
effect that the vehicle was considered or was categorized by the	4198
state in which it was last previously registered to be a law	4199
enforcement vehicle or a taxicab or was once in a flood.	4200

(2) If the clerk, while issuing a certificate of title for a	4201
motor vehicle that was last previously registered in another	4202
state, receives information from the automated title processing	4203
system indicating that a title to the vehicle previously was	4204
issued by this state and that the previous title contained	4205
notations that appeared in the space described in division (B)(19)	4206
or (20) of section 4505.07 of the Revised Code, the clerk shall	4207
enter the notations that appeared on the previous certificate of	4208
title issued by this state on the new certificate of title in the	4209
space described in division (B)(19) or (20) of section 4505.07 of	4210
the Revised Code, irrespective of whether the notations appear on	4211
the certificate of title issued by the state in which the vehicle	4212
was last previously registered.	4213

(3) If the clerk, while issuing a certificate of title for a	4214
motor vehicle that was last previously registered in another	4215
state, receives information from the automated title processing	4216
system indicating that the vehicle was previously issued a title	4217
by this state and that the previous title bore the notation	4218
"REBUILT SALVAGE" as required by division (E) of section 4505.11	4219
of the Revised Code, or the previous title to the vehicle issued	4220
by this state was a salvage certificate of title, the clerk shall	4221
cause the certificate of title the clerk issues to bear the	4222
notation "REBUILT SALVAGE" in the location prescribed by the	4223
registrar pursuant to that division.	4224

(C) When the clerk issues a certificate of title for a motor	4225
vehicle that was last previously registered in this state and was	4226
a law enforcement vehicle or a taxicab or was once in a flood,	4227
the clerk shall record that information in the space on the title	4228
described in division (B)(20) of section 4505.07 of the Revised	4229
Code. The registrar, by rule, may prescribe any additional uses	4230
of or happenings to a motor vehicle that the registrar has reason	4231
to believe should be noted on the certificate of title as	4232
provided in this division.	4233

(D) The clerk shall use reasonable care in recording or	4234
entering onto titles the clerk issues any notation and	4235
information the clerk is required by divisions (B) and (C) of this	4236
section to record or enter and in causing the titles the clerk	4237
issues to bear any notation required by those divisions, but the	4238
clerk is not liable for any of the clerk's errors or omissions or	4239
those of the clerk's deputies, or the automated title processing	4240
system, in the performance of the duties imposed on the clerk by	4241
this section.	4242

(E) The clerk may issue a duplicate title, when duly applied	4243
for, of any title that has been destroyed as herein provided.	4244

(F) The clerk shall issue a physical certificate of title to	4245
an applicant unless the applicant specifically requests the clerk	4246
not to issue a physical certificate of title and instead to issue	4247
an electronic certificate of title. The fact that a physical	4248
certificate of title is not issued for a motor vehicle does not	4249
affect ownership of the vehicle. In that case, when the clerk	4250
completes the process of entering certificate of title application	4251
information into the automated title processing system, the effect	4252
of the completion of the process is the same as if the clerk	4253
actually issued a physical certificate of title for the motor	4254
vehicle.	4255

(G) An electronic motor vehicle dealer who applies for a	4256
certificate of title on behalf of a customer who purchases a motor	4257
vehicle from the dealer may print a non-negotiable evidence of	4258
ownership for the customer if the customer so requests. The	4259
authorization to print the non-negotiable evidence of ownership	4260
shall come from the clerk with whom the dealer makes application	4261
for the certificate of title for the customer, but the printing by	4262
the dealer does not create an agency relationship of any kind	4263
between the dealer and the clerk.	4264

(H) ~~If an electronic certificate of title previously has been~~	4265
~~issued for a motor vehicle, the~~The owner of ~~the~~a motor vehicle	4266
may apply at any time to a clerk of a court of common pleas for a	4267
non-negotiable evidence of ownership for the motor vehicle.	4268

Sec. 4505.09. (A) The clerk of a court of common pleas	4269
shall charge a fee of five dollars for each certificate of title	4270
that is not applied for within thirty days after the later of the	4271
assignment or delivery of the motor vehicle described in it. The	4272
fees shall be retained by the clerk.	4273

In addition to those fees, the clerk shall charge a fee of	4274
five dollars for each certificate of title, duplicate certificate	4275
of title, memorandum certificate of title, authorization to print	4276
a non-negotiable evidence of ownership described in division (G)	4277
of section 4505.08 of the Revised Code, non-negotiable evidence of	4278
ownership printed by the clerk under division (H) of that section,	4279
and notation of any lien on a certificate of title. The clerk	4280
shall retain two dollars and twenty-five cents of the fee charged	4281
for each certificate of title, four dollars and seventy-five cents	4282
of the fee charged for each duplicate certificate of title, all of	4283
the fees charged for each memorandum certificate, authorization to	4284
print a non-negotiable evidence of ownership, or non-negotiable	4285
evidence of ownership printed by the clerk, and four dollars and	4286
twenty-five cents of the fee charged for each notation of a lien.	4287

The remaining two dollars and seventy-five cents charged for	4288
the certificate of title, the remaining twenty-five cents charged	4289
for the duplicate certificate of title, and the remaining	4290
seventy-five cents charged for the notation of any lien on a	4291
certificate of title shall be paid to the registrar of motor	4292
vehicles by monthly returns, which shall be forwarded to the	4293
registrar not later than the fifth day of the month next	4294
succeeding that in which the certificate is issued or that in	4295
which the registrar is notified of a lien or cancellation of a	4296
lien.	4297

(B)(1) The registrar shall pay twenty-five cents of the	4298
amount received for each certificate of title and all of the	4299
amounts received for each notation of any lien and each duplicate	4300
certificate of title into the state bureau of motor vehicles fund	4301
established in section 4501.25 of the Revised Code.	4302

(2) Fifty cents of the amount received for each certificate	4303
of title shall be paid by the registrar as follows:	4304

(a) Four cents shall be paid into the state treasury to the	4305
credit of the motor vehicle dealers board fund, which is hereby	4306
created. All investment earnings of the fund shall be credited to	4307
the fund. The moneys in the motor vehicle dealers board fund	4308
shall be used by the motor vehicle dealers board created under	4309
section 4517.30 of the Revised Code, together with other moneys	4310
appropriated to it, in the exercise of its powers and the	4311
performance of its duties under Chapter 4517. of the Revised Code,	4312
except that the director of budget and management may transfer	4313
excess money from the motor vehicle dealers board fund to the	4314
bureau of motor vehicles fund if the registrar determines that the	4315
amount of money in the motor vehicle dealers board fund, together	4316
with other moneys appropriated to the board, exceeds the amount	4317
required for the exercise of its powers and the performance of its	4318
duties under Chapter 4517. of the Revised Code and requests the	4319
director to make the transfer.	4320

(b) Twenty-one cents shall be paid into the general revenue	4321
fund.	4322

(c) Twenty-five cents shall be paid into the state treasury	4323
to the credit of the motor vehicle sales audit fund, which is	4324
hereby created. The moneys in the fund shall be used by the tax	4325
commissioner together with other funds available to the	4326
commissioner to conduct a continuing investigation of sales and	4327
use tax returns filed for motor vehicles in order to determine if	4328
sales and use tax liability has been satisfied. The commissioner	4329
shall refer cases of apparent violations of section 2921.13 of the	4330
Revised Code made in connection with the titling or sale of a	4331
motor vehicle and cases of any other apparent violations of the	4332
sales or use tax law to the appropriate county prosecutor whenever	4333
the commissioner considers it advisable.	4334

(3) Two dollars of the amount received by the registrar for	4335
each certificate of title shall be paid into the state treasury to	4336
the credit of the automated title processing fund, which is hereby	4337
created and which shall consist of moneys collected under division	4338
(B)(3) of this section and under sections 1548.10 and 4519.59 of	4339
the Revised Code. All investment earnings of the fund shall be	4340
credited to the fund. The moneys in the fund shall be used as	4341
follows:	4342

(a) Except for moneys collected under section 1548.10 of the	4343
Revised Code and as provided in division (B)(3)(c) of this	4344
section, moneys collected under division (B)(3) of this section	4345
shall be used to implement and maintain an automated title	4346
processing system for the issuance of motor vehicle, off-highway	4347
motorcycle, and all-purpose vehicle certificates of title in the	4348
offices of the clerks of the courts of common pleas.	4349

(b) Moneys collected under section 1548.10 of the Revised	4350
Code shall be used to issue marine certificates of title in the	4351
offices of the clerks of the courts of common pleas as provided in	4352
Chapter 1548. of the Revised Code.	4353

(c) Moneys collected under division (B)(3) of this section	4354
shall be used in accordance with section 4505.25 of the Revised	4355
Code to implement Sub. S.B. 59 of the 124th general assembly.	4356

(C)(1) The automated title processing board is hereby	4357
created consisting of the registrar or the registrar's	4358
representative, a person selected by the registrar, the president	4359
of the Ohio clerks of court association or the president's	4360
representative, and two clerks of courts of common pleas appointed	4361
by the governor. The director of budget and management or the	4362
director's designee, the chief of the division of watercraft in	4363
the department of natural resources or the chief's designee, and	4364
the tax commissioner or the commissioner's designee shall be	4365
nonvoting members of the board. The purpose of the board is to	4366
facilitate the operation and maintenance of an automated title	4367
processing system and approve the procurement of automated title	4368
processing system equipment. Voting members of the board,	4369
excluding the registrar or the registrar's representative, shall	4370
serve without compensation, but shall be reimbursed for travel and	4371
other necessary expenses incurred in the conduct of their official	4372
duties. The registrar or the registrar's representative shall	4373
receive neither compensation nor reimbursement as a board member.	4374

(2) The automated title processing board shall determine	4375
each of the following:	4376

(a) The automated title processing equipment and	4377
certificates of title requirements for each county;	4378

(b) The payment of expenses that may be incurred by the	4379
counties in implementing an automated title processing system;	4380

(c) The repayment to the counties for existing title	4381
processing equipment.	4382

(3) The registrar shall purchase, lease, or otherwise	4383
acquire any automated title processing equipment and certificates	4384
of title that the board determines are necessary from moneys in	4385
the automated title processing fund established by division	4386
(B)(3) of this section. ~~Each county issuing more than one hundred~~	4387
~~thousand certificates of title annually, with the approval of the~~	4388
~~registrar and in accordance with the registrar's requirements, may~~	4389
~~purchase and maintain an automated title processing system for the~~	4390
~~issuance of motor vehicle titles, certificates of title for~~	4391
~~off-highway motorcycles and all-purpose vehicles, and certificates~~	4392
~~of title for watercraft and outboard motors with the cost of the~~	4393
~~system paid for from the automated processing title fund.~~	4394

(D) All counties shall conform to the requirements of the	4395
registrar regarding the operation of their automated title	4396
processing system for motor vehicle titles, certificates of title	4397
for off-highway motorcycles and all-purpose vehicles, and	4398
certificates of title for watercraft and outboard motors.	4399

Sec. 4505.10. (A) In the event of the transfer of ownership	4400
of a motor vehicle by operation of law, as upon inheritance,	4401
devise, bequest, order in bankruptcy, insolvency, replevin, or	4402
execution sale, a motor vehicle is sold to satisfy storage or	4403
repair charges, or repossession is had upon default in performance	4404
of the terms of a security agreement as provided in Chapter 1309.	4405
of the Revised Code and the secured party has notified the debtor	4406
as required by division (B) of section 1309.611 of the Revised	4407
Code, a clerk of a court of common pleas, upon the surrender of	4408
the prior certificate of title or the manufacturer's or importer's	4409
certificate, or, when that is not possible, upon presentation of	4410
satisfactory proof to the clerk of ownership and rights of	4411
possession to the motor vehicle, and upon payment of the fee	4412
prescribed in section 4505.09 of the Revised Code and presentation	4413
of an application for certificate of title, may issue to the	4414
applicant a certificate of title to the motor vehicle. Only an	4415
affidavit by the person or agent of the person to whom possession	4416
of the motor vehicle has passed, setting forth the facts entitling	4417
the person to the possession and ownership, together with a copy	4418
of the journal entry, court order, or instrument upon which the	4419
claim of possession and ownership is founded, is satisfactory	4420
proof of ownership and right of possession. If the applicant	4421
cannot produce that proof of ownership, the applicant may apply	4422
directly to the registrar of motor vehicles and submit the	4423
evidence the applicant has, and the registrar, if the registrar	4424
finds the evidence sufficient, then may authorize a clerk to issue	4425
a certificate of title. If the registrar finds the evidence	4426
insufficient, the applicant may petition the court of common pleas	4427
for a court order ordering the clerk to issue a certificate of	4428
title. The court shall grant or deny the petition based on the	4429
sufficiency of the evidence presented to the court. If, from the	4430
records in the office of the clerk involved, there appears to be	4431
any lien on the motor vehicle, the certificate of title shall	4432
contain a statement of the lien unless the application is	4433
accompanied by proper evidence of its extinction.	4434

(B) A clerk shall transfer a decedent's interest in one or	4435
two automobiles to the surviving spouse of the decedent, as	4436
provided in section 2106.18 of the Revised Code, upon receipt of	4437
the title or titles. An affidavit executed by the surviving spouse	4438
shall be submitted to the clerk with the title or titles. The	4439
affidavit shall give the date of death of the decedent, shall	4440
state that each automobile for which the decedent's interest is to	4441
be so transferred is not disposed of by testamentary disposition,	4442
and shall provide an approximate value for each automobile	4443
selected to be transferred by the surviving spouse. The affidavit	4444
shall also contain a description for each automobile for which the	4445
decedent's interest is to be so transferred. The transfer does not	4446
affect any liens upon any automobile for which the decedent's	4447
interest is so transferred.	4448

(C) Upon the death of one of the persons who have established	4449
joint ownership with right of survivorship under section 2131.12	4450
of the Revised Code in a motor vehicle, and upon presentation to a	4451
clerk of the title and the certificate of death of the decedent,	4452
the clerk shall transfer title to the motor vehicle to the	4453
survivor. The transfer does not affect any liens upon any motor	4454
vehicle so transferred.	4455

(D) Upon the death of the owner of a motor vehicle designated	4456
in beneficiary form under section 2131.13 of the Revised Code,	4457
upon application for a certificate of title by the	4458
transfer-on-death beneficiary or beneficiaries designated pursuant	4459
to that section, and upon presentation to the clerk of the	4460
certificate of title and the certificate of death of the decedent,	4461
the clerk shall transfer the motor vehicle and issue a certificate	4462
of title to the transfer-on-death beneficiary or beneficiaries.	4463
The transfer does not affect any liens upon the motor vehicle so	4464
transferred.	4465

Sec. 4505.11. (A) Each owner of a motor vehicle and each	4466
person mentioned as owner in the last certificate of title, when	4467
the motor vehicle is dismantled, destroyed, or changed in such	4468
manner that it loses its character as a motor vehicle, or changed	4469
in such manner that it is not the motor vehicle described in the	4470
certificate of title, shall surrender the certificate of title to	4471
that motor vehicle to a clerk of a court of common pleas, and the	4472
clerk, with the consent of any holders of any liens noted on the	4473
certificate of title, then shall enter a cancellation upon the	4474
clerk's records and shall notify the registrar of motor vehicles	4475
of the cancellation.	4476

Upon the cancellation of a certificate of title in the manner	4477
prescribed by this section, any clerk and the registrar of motor	4478
vehicles may cancel and destroy all certificates and all	4479
memorandum certificates in that chain of title.	4480

(B) If an Ohio certificate of title or salvage certificate of	4481
title to a motor vehicle is assigned to a salvage dealer, the	4482
dealer is not required to obtain an Ohio certificate of title or a	4483
salvage certificate of title to the motor vehicle in the dealer's	4484
own name if the dealer dismantles or destroys the motor vehicle,	4485
indicates the number of the dealer's motor vehicle salvage	4486
dealer's license on it, marks "FOR DESTRUCTION" across the face of	4487
the certificate of title or salvage certificate of title, and	4488
surrenders the certificate of title or salvage certificate of	4489
title to a clerk of a court of common pleas as provided in	4490
division (A) of this section. If the salvage dealer retains the	4491
motor vehicle for resale, the dealer shall make application for a	4492
salvage certificate of title to the motor vehicle in the dealer's	4493
own name as provided in division (C)(1) of this section.	4494

(C)(1) When an insurance company declares it economically	4495
impractical to repair such a motor vehicle and has paid an agreed	4496
price for the purchase of the motor vehicle to any insured or	4497
claimant owner, the insurance company shall receive the	4498
certificate of title and the motor vehicle and proceed as follows.	4499
Within thirty days, the insurance company shall deliver the	4500
certificate of title to a clerk of a court of common pleas and	4501
shall make application for a salvage certificate of title. The	4502
clerk shall issue the salvage certificate of title on a form,	4503
prescribed by the registrar, that shall be easily distinguishable	4504
from the original certificate of title and shall bear the same	4505
~~number and~~ information as the original certificate of title except	4506
that it may bear a different number than that of the original	4507
certificate of title. Except as provided in division (C)(2) of	4508
this section, the salvage certificate of title shall be assigned	4509
by the insurance company to a salvage dealer or any other person	4510
for use as evidence of ownership upon the sale or other	4511
disposition of the motor vehicle, and the salvage certificate of	4512
title shall be transferrable to any other person. The clerk shall	4513
charge a fee of four dollars for the cost of processing each	4514
salvage certificate of title.	4515

(2) If an insurance company considers a motor vehicle as	4516
described in division (C)(1) of this section to be impossible to	4517
restore for highway operation, the insurance company may assign	4518
the certificate of title to the motor vehicle to a salvage dealer	4519
or scrap metal processing facility and send the assigned	4520
certificate of title to the clerk of the court of common pleas of	4521
~~the~~any county ~~in which the salvage dealer or scrap metal~~	4522
~~processing facility is located~~. The insurance company shall mark	4523
the face of the certificate of title "FOR DESTRUCTION" and shall	4524
deliver a photocopy of the certificate of title to the salvage	4525
dealer or scrap metal processing facility for its records.	4526

(3) If an insurance company declares it economically	4527
impractical to repair a motor vehicle, agrees to pay to the	4528
insured or claimant owner an amount in settlement of a claim	4529
against a policy of motor vehicle insurance covering the motor	4530
vehicle, and agrees to permit the insured or claimant owner to	4531
retain possession of the motor vehicle, the insurance company	4532
shall not pay the insured or claimant owner any amount in	4533
settlement of the insurance claim until the owner obtains a	4534
salvage certificate of title to the vehicle and furnishes a copy	4535
of the salvage certificate of title to the insurance company.	4536

(D) When a self-insured organization, rental or leasing	4537
company, or secured creditor becomes the owner of a motor vehicle	4538
that is burned, damaged, or dismantled and is determined to be	4539
economically impractical to repair, the self-insured organization,	4540
rental or leasing company, or secured creditor shall do one of the	4541
following:	4542

(1) Mark the face of the certificate of title to the motor	4543
vehicle "FOR DESTRUCTION" and surrender the certificate of title	4544
to a clerk of a court of common pleas for cancellation as	4545
described in division (A) of this section. The self-insured	4546
organization, rental or leasing company, or secured creditor then	4547
shall deliver the motor vehicle, together with a photocopy of the	4548
certificate of title, to a salvage dealer or scrap metal	4549
processing facility and shall cause the motor vehicle to be	4550
dismantled, flattened, crushed, or destroyed.	4551

(2) Obtain a salvage certificate of title to the motor	4552
vehicle in the name of the self-insured organization, rental or	4553
leasing company, or secured creditor, as provided in division	4554
(C)(1) of this section, and then sell or otherwise dispose of the	4555
motor vehicle. If the motor vehicle is sold, the self-insured	4556
organization, rental or leasing company, or secured creditor shall	4557
obtain a salvage certificate of title to the motor vehicle in the	4558
name of the purchaser from a clerk of a court of common pleas.	4559

(E) If a motor vehicle titled with a salvage certificate of	4560
title is restored for operation upon the highways, application	4561
shall be made to a clerk of a court of common pleas for a	4562
certificate of title. Upon inspection by the state highway patrol,	4563
which shall include establishing proof of ownership and an	4564
inspection of the motor number and vehicle identification number	4565
of the motor vehicle and of documentation or receipts for the	4566
materials used in restoration by the owner of the motor vehicle	4567
being inspected, which documentation or receipts shall be	4568
presented at the time of inspection, the clerk, upon surrender of	4569
the salvage certificate of title, shall issue a certificate of	4570
title for a fee prescribed by the registrar. The certificate of	4571
title shall be in the same form as the original certificate of	4572
title~~, shall bear the same number as the salvage certificate of~~	4573
~~title and the original certificate of title,~~ and shall bear the	4574
words "REBUILT SALVAGE" in black boldface letters on its face.	4575
Every subsequent certificate of title, memorandum certificate of	4576
title, or duplicate certificate of title issued for the motor	4577
vehicle also shall bear the words "REBUILT SALVAGE" in black	4578
boldface letters on its face. The exact location on the face of	4579
the certificate of title of the words "REBUILT SALVAGE" shall be	4580
determined by the registrar, who shall develop an automated	4581
procedure within the automated title processing system to comply	4582
with this division. The clerk shall use reasonable care in	4583
performing the duties imposed on the clerk by this division in	4584
issuing a certificate of title pursuant to this division, but the	4585
clerk is not liable for any of the clerk's errors or omissions or	4586
those of the clerk's deputies, or the automated title processing	4587
system in the performance of those duties. A fee of fifty dollars	4588
shall be assessed by the state highway patrol for each inspection	4589
made pursuant to this division and shall be deposited into the	4590
state highway safety fund established by section 4501.06 of the	4591
Revised Code.	4592

(F) No person shall operate upon the highways in this state a	4593
motor vehicle, title to which is evidenced by a salvage	4594
certificate of title, except to deliver the motor vehicle pursuant	4595
to an appointment for an inspection under this section.	4596

(G) No motor vehicle the certificate of title to which has	4597
been marked "FOR DESTRUCTION" and surrendered to a clerk of a	4598
court of common pleas shall be used for anything except parts and	4599
scrap metal.	4600

(H)(1) Except as otherwise provided in this division, an	4601
owner of a manufactured or mobile home that will be taxed as real	4602
property pursuant to division (B) of section 4503.06 of the	4603
Revised Code shall surrender the certificate of title to the	4604
auditor of the county containing the taxing district in which the	4605
home is located. An owner whose home qualifies for real property	4606
taxation under divisions (B)(1)(a) and (b) of section 4503.06 of	4607
the Revised Code shall surrender the certificate within fifteen	4608
days after the home meets the conditions specified in those	4609
divisions. The auditor shall deliver the certificate of title to	4610
the clerk of the court of common pleas who issued it.	4611

(2) If the certificate of title for a manufactured or mobile	4612
home that is to be taxed as real property is held by a lienholder,	4613
the lienholder shall surrender the certificate of title to the	4614
auditor of the county containing the taxing district in which the	4615
home is located, and the auditor shall deliver the certificate of	4616
title to the clerk of the court of common pleas who issued it. The	4617
lienholder shall surrender the certificate within thirty days	4618
after both of the following have occurred:	4619

(a) The homeowner has provided written notice to the	4620
lienholder requesting that the certificate of title be surrendered	4621
to the auditor of the county containing the taxing district in	4622
which the home is located.	4623

(b) The homeowner has either paid the lienholder the	4624
remaining balance owed to the lienholder, or, with the	4625
lienholder's consent, executed and delivered to the lienholder a	4626
mortgage on the home and land on which the home is sited in the	4627
amount of the remaining balance owed to the lienholder.	4628

(3) Upon the delivery of a certificate of title by the county	4629
auditor to the clerk, the clerk shall inactivate it and ~~retain~~	4630
maintain it in the automated title processing system for a period	4631
of thirty years.	4632

(4) Upon application by the owner of a manufactured or mobile	4633
home that is taxed as real property pursuant to division (B) of	4634
section 4503.06 of the Revised Code and that no longer satisfies	4635
divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and (b) of that	4636
section, the clerk shall reactivate the record of the certificate	4637
of title that was inactivated under division (H)(3) of this	4638
section and shall issue a new certificate of title, but only if	4639
the application contains or has attached to it all of the	4640
following:	4641

(a) An endorsement of the county treasurer that all real	4642
property taxes charged against the home under Title LVII of the	4643
Revised Code and division (B) of section 4503.06 of the Revised	4644
Code for all preceding tax years have been paid;	4645

(b) An endorsement of the county auditor that the home will	4646
be removed from the real property tax list;	4647

(c) Proof that there are no outstanding mortgages or other	4648
liens on the home or, if there are such mortgages or other liens,	4649
that the mortgagee or lienholder has consented to the reactivation	4650
of the certificate of title.	4651

(I)(1) Whoever violates division (F) of this section shall be	4652
fined not more than two thousand dollars, imprisoned not more than	4653
one year, or both.	4654

(2) Whoever violates division (G) of this section shall be	4655
fined not more than one thousand dollars, imprisoned not more than	4656
six months, or both.	4657

Sec. 4505.13. (A)(1) Chapter 1309. and section 1701.66 of	4658
the Revised Code do not permit or require the deposit, filing, or	4659
other record of a security interest covering a motor vehicle,	4660
except as provided in division (A)(2) of this section.	4661

(2) Chapter 1309. of the Revised Code applies to a security	4662
interest in a motor vehicle held as inventory ~~1309.102~~ for sale by	4663
a dealer. The security interest has priority over creditors of the	4664
dealer as provided in Chapter 1309. of the Revised Code without	4665
notation of the security interest on a certificate of title,	4666
without entry of a notation of the security interest into the	4667
automated title processing system if a physical certificate of	4668
title for the motor vehicle has not been issued, or without the	4669
retention of a manufacturer's or importer's certificate.	4670

(B) Subject to division (A) of this section, any security	4671
agreement covering a security interest in a motor vehicle, if a	4672
notation of the agreement has been made by a clerk of a court of	4673
common pleas on the face of the certificate of title or the clerk	4674
has entered a notation of the agreement into the automated title	4675
processing system and a physical certificate of title for the	4676
motor vehicle has not been issued, is valid as against the	4677
creditors of the debtor, whether armed with process or not, and	4678
against subsequent purchasers, secured parties, and other	4679
lienholders or claimants. All security interests, liens,	4680
mortgages, and encumbrances entered into the automated title	4681
processing system in relation to a particular certificate of	4682
title, regardless of whether a physical certificate of title is	4683
issued, take priority according to the order of time in which they	4684
are entered into the automated title processing system by the	4685
clerk. Exposure for sale of any motor vehicle by its owner, with	4686
the knowledge or with the knowledge and consent of the holder of	4687
any security interest, lien, mortgage, or encumbrance on it, does	4688
not render that security interest, lien, mortgage, or encumbrance	4689
ineffective as against the creditors of that owner, or against	4690
holders of subsequent security interests, liens, mortgages, or	4691
encumbrances upon that motor vehicle.	4692

The secured party, upon presentation of evidence of a	4693
security interest to a clerk of a court of common pleas, together	4694
with the certificate of title if a physical certificate of title	4695
for the motor vehicle exists, and the fee prescribed by section	4696
4505.09 of the Revised Code, may have a notation of the security	4697
interest made. Unless the secured party specifically requests the	4698
clerk not to issue a physical certificate of title and instead to	4699
issue an electronic certificate of title, the clerk shall issue,	4700
over the clerk's signature and seal of office, a new original	4701
certificate of title from the automated title processing records	4702
that indicates the security interest and the date of the security	4703
interest.	4704

If a security interest is fully discharged as a result of its	4705
holder's receipt of good funds in the correct amount and if the	4706
holder holds a physical certificate of title, the holder shall	4707
note the discharge of the security interest on the face of the	4708
certificate of title over the holder's signature, or over the	4709
holder's signature on a form prescribed by the registrar of motor	4710
vehicles when there is no space for the discharge on the face of	4711
the certificate of title. Except as otherwise provided in this	4712
section, prior to delivering the certificate of title to the	4713
owner, the holder or the holder's agent shall convey the	4714
certificate of title or a separate ~~sworn~~ statement of the	4715
discharge of the security interest to a clerk. The conveyance	4716
shall occur not more than seven business days after the date good	4717
funds in the correct amount to fully discharge the security	4718
interest have been credited to an account of the holder, provided	4719
the holder has been provided accurate information concerning the	4720
motor vehicle. Conveyance of the certificate of title or separate	4721
~~sworn~~ statement of the discharge within the required seven	4722
business days may be indicated by postmark or receipt by a clerk	4723
within that period, or, in the case of a written confirmation that	4724
is sent electronically as provided in division (C)(1) of this	4725
section, by the date of the electronic mail or other electronic	4726
communication. If the discharge of the security interest appears	4727
to be genuine, the clerk shall note the cancellation of the	4728
security interest on the face of the certificate of title, if it	4729
was so conveyed, and note it in the automated title processing	4730
system ~~and upon the records of the clerk~~.	4731

If a security interest is fully discharged as a result of its	4732
holder's receipt of good funds in the correct amount and the	4733
holder does not hold a physical certificate of title, when the	4734
holder notifies a clerk of the discharge of its security interest,	4735
the holder at that time also may request the clerk to issue a	4736
physical certificate of title to the vehicle. The request shall	4737
specify whether the clerk is to send the certificate of title	4738
directly to the owner or to the holder or the holder's agent for	4739
transmission to the owner. If such a request is made, the clerk	4740
shall issue a physical certificate of title and send it to the	4741
specified person.	4742

The clerk shall not honor such a request for a physical	4743
certificate of title if it is not made by the holder at the same	4744
time as the holder's notification to the clerk of the discharge of	4745
its security interest.	4746

(C)(1) In all cases, a secured party may choose to present a	4747
clerk with evidence of a security interest via written	4748
confirmation through electronic means, and the clerk shall enter	4749
the security interest into the automated title processing system.	4750
A secured party also may choose to notify a clerk of the discharge	4751
of its security interest via electronic means, and the clerk shall	4752
enter the cancellation into the automated title processing system.	4753

(2) In the case of a security interest that is being	4754
satisfied by a dealer to whom a certificate of title is being	4755
transferred, the cancellation of the security interest shall occur	4756
during the course of the transfer. The dealer shall submit a	4757
discharge request to the secured party. A discharge request shall	4758
include good funds in the correct amount to fully discharge the	4759
security interest and accurate information concerning the motor	4760
vehicle.	4761

(3)(a) Upon receiving a discharge request that complies with	4762
division (C)(2) of this section, ~~except as otherwise provided in~~	4763
~~this division~~if the current automated title processing system	4764
record indicates that a physical title exists for that motor	4765
vehicle, a secured party shall convey the physical certificate of	4766
title, with the discharge of the security interest noted on its	4767
face, to the dealer within seven business days after the date good	4768
funds in the correct amount to fully discharge the security	4769
interest have been ~~credit~~credited to an account of the secured	4770
party.	4771

If a secured party is unable to convey to the dealer athe	4772
physical certificate of title within the required seven business	4773
days, the secured party instead shall convey to the dealer an	4774
affidavit stating that the security interest has been discharged,	4775
together with payment for a duplicate certificate of title, within	4776
that period. If the current automated title processing system	4777
record for a motor vehicle indicates that an electronic title	4778
exists for that motor vehicle, the secured party shall convey to	4779
the dealer within the required seven business days written	4780
confirmation that the security interest has been satisfied.	4781

(b) Conveyance of a physical certificate of title, or	4782
affidavit and required payment, or written confirmation that the	4783
security interest has been satisfied from a secured party to a	4784
dealer under the circumstances described in division (C)(3)(a) of	4785
this section within the required seven business days may be	4786
indicated by a postmark within that period or, in the case of a	4787
written confirmation that is sent electronically, the date of the	4788
electronic mail or other electronic communication.	4789

(4) A secured party is liable to a dealer for a late fee of	4790
ten dollars per day for each physical certificate of title, or	4791
affidavit and required payment, or written confirmation that the	4792
security interest has been satisfied that is conveyed to the	4793
dealer more than seven business days but less than twenty-one days	4794
after the date specified in division (C)(3)(a) of this section	4795
and, from then on, twenty-five dollars per day until the physical	4796
certificate of title, or affidavit and required payment, ~~are~~or	4797
written confirmation that the security interest has been satisfied	4798
is conveyed to the dealer.	4799

(D) Notwithstanding any provision of Chapter 1310. of the	4800
Revised Code or of any other law, the lease of a motor vehicle or	4801
trailer does not constitute a conditional sale or create a	4802
security interest merely because the lease agreement permits or	4803
requires the lessor, at the end of the lease term, to adjust the	4804
rental price to either a higher or a lower amount by reference to	4805
the amount the lessor realizes upon the sale or other disposition	4806
of the motor vehicle or trailer.	4807

(E) If a physical certificate of title has not been issued	4808
for a motor vehicle and all the security interests relating to	4809
that motor vehicle have been discharged, the owner of the motor	4810
vehicle may obtain a physical certificate of title from the clerk	4811
of any court of common pleas upon payment of the fee specified in	4812
section ~~4509.09~~4505.09 of the Revised Code.	4813

(F) If a clerk of a court of common pleas, other than the	4814
clerk of the court of common pleas of the county in which the	4815
owner of a motor vehicle resides, enters a notation of the	4816
existence of, or the cancellation of, a security interest relating	4817
to the motor vehicle, the clerk shall transmit the data relating	4818
to the notation to the automated title processing system.	4819

(G) The registrar of motor vehicles, in accordance with	4820
Chapter 119. of the Revised Code, shall adopt rules governing the	4821
electronic transmission of security interest and other information	4822
under this section. In adopting the rules, the registrar shall	4823
confer with the clerks of the courts of common pleas.	4824

(H) As used in this section:

4825

(1) "Accurate information" means the make and model of the	4826
motor vehicle, its vehicle identification number, and the name and	4827
address of its owner as they appear on the certificate of title	4828
that is to be conveyed.	4829

(2) "Dealer" has the same meaning as in section 4517.01 of	4830
the Revised Code.	4831

(3) "Good funds" includes cash, or a wire transfer, cashier's	4832
check, certified check, draft, money order, or teller's check	4833
issued by an insured financial institution, or a dealer's check	4834
for which the secured party has received funds that are available	4835
for withdrawal pursuant to "Availability of Funds and Collection	4836
of Checks (Regulation CC)," 12 C.F.R. 229.	4837

(4) "Inventory" has the same meaning as in section ~~1309.07~~	4838
1309.102 of the Revised Code.	4839

(5) "Electronic certificate of title" means an electronic	4840
record stored in the automated title processing system that	4841
established ownership of a motor vehicle, as well as any security	4842
interest that exists in that motor vehicle.	4843

(6) "Written confirmation" means a communication from a	4844
secured party to a motor vehicle dealer regarding the secured	4845
party's security interest in a motor vehicle. A written	4846
confirmation may be either a physical document or an electronic	4847
communication such as electronic mail. Both types of written	4848
confirmation may be conveyed under this section.	4849

Sec. 4505.141. The registrar of motor vehicles shall enable	4850
the public to access motor vehicle title information via	4851
electronic means. No fee shall be charged for this access. The	4852
title information that must be so accessible is only the title	4853
information that is in an electronic format at the time a person	4854
requests this access.	4855

The registrar,shall establish procedures governing this	4856
access. The procedures may be established by rule in accordance	4857
with Chapter 119. of the Revised Code~~, shall adopt rules governing~~	4858
~~this access~~. In adopting the ~~rules~~procedures, the registrar shall	4859
confer with the clerks of the courts of common pleas.	4860

Access by the public to motor vehicle title information under	4861
this section shall comply with all restrictions contained in the	4862
Revised Code and federal law that govern the disclosure of that	4863
information.	4864

Sec. 4506.01. As used in this chapter:

4865

(A) "Alcohol concentration" means the concentration of	4866
alcohol in a person's blood, breath, or urine. When expressed as a	4867
percentage, it means grams of alcohol per the following:	4868

(1) One hundred milliliters of whole blood, blood serum, or	4869
blood plasma;	4870

(2) Two hundred ten liters of breath;

4871

(3) One hundred milliliters of urine.

4872

(B) "School bus" has the same meaning as in section 4511.01	4873
of the Revised Code.	4874

(C) "Commercial driver's license" means a license issued in	4875
accordance with this chapter that authorizes an individual to	4876
drive a commercial motor vehicle.	4877

(D) "Commercial driver license information system" means the	4878
information system established pursuant to the requirements of the	4879
"Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 3207-171,	4880
49 U.S.C.A. App. 2701.	4881

(E) Except when used in section 4506.25 of the Revised Code,	4882
"commercial motor vehicle" means any motor vehicle designed or	4883
used to transport persons or property that meets any of the	4884
following qualifications:	4885

(1) Any combination of vehicles with a combined gross vehicle	4886
weight rating of twenty-six thousand one pounds or more, provided	4887
the gross vehicle weight rating of the vehicle or vehicles being	4888
towed is in excess of ten thousand pounds;	4889

(2) Any single vehicle with a gross vehicle weight rating of	4890
twenty-six thousand one pounds or more, or any such vehicle towing	4891
a vehicle having a gross vehicle weight rating that is not in	4892
excess of ten thousand pounds;	4893

(3) Any single vehicle or combination of vehicles that is not	4894
a class A or class B vehicle, but that either is designed to	4895
transport sixteen or more passengers including the driver, or is	4896
placarded for hazardous materials;	4897

(4) Any school bus with a gross vehicle weight rating of less	4898
than twenty-six thousand one pounds that is designed to transport	4899
fewer than sixteen passengers including the driver;	4900

(5) Is transporting hazardous materials for which placarding	4901
is required by regulations adopted under the "Hazardous Materials	4902
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as	4903
amended;	4904

(6) Any single vehicle or combination of vehicles that is	4905
designed to be operated and to travel on a public street or	4906
highway and is considered by the federal highway administration to	4907
be a commercial motor vehicle, including, but not limited to, a	4908
motorized crane, a vehicle whose function is to pump cement, a rig	4909
for drilling wells, and a portable crane.	4910

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

4911

(1) Any substance classified as a controlled substance under	4912
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.	4913
802(6), as amended;	4914

(2) Any substance included in schedules I through V of 21	4915
C.F.R. part 1308, as amended;	4916

(3) Any drug of abuse.

4917

(G) "Conviction" means an unvacated adjudication of guilt or	4918
a determination that a person has violated or failed to comply	4919
with the law in a court of original jurisdiction or an authorized	4920
administrative tribunal, an unvacated forfeiture of bail or	4921
collateral deposited to secure the person's appearance in court,	4922
the payment of a fine or court cost, or violation of a condition	4923
of release without bail, regardless of whether or not the penalty	4924
is rebated, suspended, or probated.	4925

(H) "Disqualification" means withdrawal of the privilege to	4926
drive a commercial motor vehicle.	4927

(I) "Drive" means to drive, operate, or be in physical	4928
control of a motor vehicle.	4929

(J) "Driver" means any person who drives, operates, or is in	4930
physical control of a commercial motor vehicle or is required to	4931
have a commercial driver's license.	4932

(K) "Driver's license" means a license issued by the bureau	4933
of motor vehicles that authorizes an individual to drive.	4934

(L) "Drug of abuse" means any controlled substance, dangerous	4935
drug as defined in section 4729.01 of the Revised Code, or	4936
over-the-counter medication that, when taken in quantities	4937
exceeding the recommended dosage, can result in impairment of	4938
judgment or reflexes.	4939

(M) "Employer" means any person, including the federal	4940
government, any state, and a political subdivision of any state,	4941
that owns or leases a commercial motor vehicle or assigns a person	4942
to drive such a motor vehicle.	4943

(N) "Endorsement" means an authorization on a person's	4944
commercial driver's license that is required to permit the person	4945
to operate a specified type of commercial motor vehicle.	4946

(O) "Felony" means any offense under federal or state law	4947
that is punishable by death or specifically classified as a felony	4948
under the law of this state, regardless of the penalty that may be	4949
imposed.	4950

(P) "Foreign jurisdiction" means any jurisdiction other than	4951
a state.	4952

(Q) "Gross vehicle weight rating" means the value specified	4953
by the manufacturer as the maximum loaded weight of a single or a	4954
combination vehicle. The gross vehicle weight rating of a	4955
combination vehicle is the gross vehicle weight rating of the	4956
power unit plus the gross vehicle weight rating of each towed	4957
unit.	4958

(R) "Hazardous materials" means materials identified as such	4959
under regulations adopted under the "Hazardous Materials	4960
Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as	4961
amended.	4962

(S) "Motor vehicle" has the same meaning as in section	4963
4511.01 of the Revised Code.	4964

(T) Except when used in sections 4506.25 and 4506.26 of the	4965
Revised Code, "out-of-service order" means a temporary prohibition	4966
against driving a commercial motor vehicle issued under this	4967
chapter or a similar law of another state or of a foreign	4968
jurisdiction.	4969

(U) "Residence" means any person's residence determined in	4970
accordance with standards prescribed in rules adopted by the	4971
registrar.	4972

(V) "Temporary residence" means residence on a temporary	4973
basis as determined by the registrar in accordance with standards	4974
prescribed in rules adopted by the registrar.	4975

(W) "Serious traffic violation" means a conviction arising	4976
from the operation of a commercial motor vehicle that involves any	4977
of the following:	4978

(1) A single charge of any speed that is in excess of the	4979
posted speed limit by an amount specified by the United States	4980
secretary of transportation and that the director of public safety	4981
designates as such by rule;	4982

(2) Violation of section 4511.20, 4511.201, or 4511.202 of	4983
the Revised Code or any similar ordinance or resolution, or of any	4984
similar law of another state or political subdivision of another	4985
state;	4986

(3) Violation of a law of this state or an ordinance or	4987
resolution relating to traffic control, other than a parking	4988
violation, or of any similar law of another state or political	4989
subdivision of another state, that results in a fatal accident;	4990

(4) Violation of any other law of this state or an ordinance	4991
or resolution relating to traffic control, other than a parking	4992
violation, that is determined to be a serious traffic violation by	4993
the United States secretary of transportation and the director	4994
designates as such by rule.	4995

(X) "State" means a state of the United States and includes	4996
the District of Columbia.	4997

(Y) "Tank vehicle" means any commercial motor vehicle that is	4998
designed to transport any liquid and has a maximum capacity	4999
greater than one hundred nineteen gallons or is designed to	5000
transport gaseous materials and has a water capacity greater than	5001
one thousand pounds within a tank that is either permanently or	5002
temporarily attached to the vehicle or its chassis. "Tank vehicle"	5003
does not include ~~either~~any of the following:	5004

(1) Any portable tank having a rated capacity of less than	5005
one thousand gallons;	5006

(2) Tanks used exclusively as a fuel tank for the motor	5007
vehicle to which it is attached;	5008

(3) An empty storage container tank that is not designed for	5009
transportation and that is readily distinguishable from a	5010
transportation tank;	5011

(4) Ready-mix concrete mixers.

5012

(Z) "United States" means the fifty states and the District	5013
of Columbia.	5014

(AA) "Vehicle" has the same meaning as in section 4511.01 of	5015
the Revised Code.	5016

(BB) "Peace officer" has the same meaning as in section	5017
2935.01 of the Revised Code.	5018

(CC) "Portable tank" means a liquid or gaseous packaging	5019
designed primarily to be loaded on or temporarily attached to a	5020
vehicle and equipped with skids, mountings, or accessories to	5021
facilitate handling of the tank by mechanical means.	5022

Sec. 4506.08. (A) Each application for a commercial driver's	5023
license temporary instruction permit shall be accompanied by a fee	5024
of ten dollars; except as provided in division (B) of this	5025
section, each application for a commercial driver's license,	5026
restricted commercial driver's license, or renewal of such a	5027
license shall be accompanied by a fee of twenty-five dollars; and	5028
each application for a duplicate commercial driver's license shall	5029
be accompanied by a fee of ten dollars. In addition, the registrar	5030
of motor vehicles or deputy registrar may collect and retain an	5031
additional fee of no more than two dollars and seventy-five cents	5032
commencing on July 1, 2001, three dollars and twenty-five cents	5033
commencing on January 1, 2003, and three dollars and fifty cents	5034
commencing on January 1, 2004, for each application for a	5035
commercial driver's license temporary instruction permit,	5036
commercial driver's license, renewal of a commercial driver's	5037
license, or duplicate commercial driver's license received by the	5038
registrar or deputy. No fee shall be charged for the annual	5039
issuance of a waiver for farm-related service industries pursuant	5040
to section 4506.24 of the Revised Code.	5041

Each deputy registrar shall transmit the fees collected to	5042
the registrar at the time and in the manner prescribed by the	5043
registrar by rule. The registrar shall pay the fees into the state	5044
highway safety fund established in section 4501.06 of the Revised	5045
Code.	5046

(B) In addition to the fees imposed under division (A) of	5047
this section, the registrar of motor vehicles or deputy registrar	5048
shall collect a fee of twelve dollars commencing on October 1,	5049
2003, for each application for a commercial driver's license	5050
temporary instruction permit, commercial driver's license, or	5051
duplicate commercial driver's license and for each application for	5052
renewal of a commercial driver's license with an expiration date	5053
on or after that date received by the registrar or deputy	5054
registrar. The additional fee is for the purpose of defraying the	5055
department of public safety's costs associated with the	5056
administration and enforcement of the motor vehicle and traffic	5057
laws of Ohio. Each deputy registrar shall transmit the fees	5058
collected under division (B) of this section in the time and	5059
manner prescribed by the registrar. The registrar shall deposit	5060
all moneys received under division (B) of this section into the	5061
state highway safety fund established in section 4501.06 of the	5062
Revised Code.	5063

(C) Information regarding the driving record of any person	5064
holding a commercial driver's license issued by this state shall	5065
be furnished by the registrar, upon request and payment of a fee	5066
of ~~three~~two dollars, to the employer or prospective employer of	5067
such a person and to any insurer.	5068

Sec. 4506.09. (A) The registrar of motor vehicles, subject	5069
to approval by the director of public safety, shall adopt rules	5070
conforming with applicable standards adopted by the federal	5071
~~highway~~motor carrier safety administration as regulations under	5072
~~the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.~~	5073
~~3207-171, 49 U.S.C.A. App. 2701~~Pub. L. No. 103-272, 108 Stat.	5074
1014 to 1029 (1994), 49 U.S.C.A. 31301 to 31317. The rules shall	5075
establish requirements for the qualification and testing of	5076
persons applying for a commercial driver's license, which shall be	5077
in addition to other requirements established by this chapter.	5078
Except as provided in division (B) of this section, the highway	5079
patrol or any other employee of the department of public safety	5080
the registrar authorizes shall supervise and conduct the testing	5081
of persons applying for a commercial driver's license.	5082

(B) The director may adopt rules, in accordance with Chapter	5083
119. of the Revised Code and applicable requirements of the	5084
federal ~~highway~~motor carrier safety administration, authorizing	5085
the skills test specified in this section to be administered by	5086
any person, by an agency of this or another state, or by an	5087
agency, department, or instrumentality of local government ~~and~~	5088
~~establishing~~. Each party authorized under this division to	5089
administer the skills test may charge a maximum divisible fee ~~that~~	5090
~~may be charged by the other party, provided the~~of eighty-five	5091
dollars for each skills test given as part of a commercial	5092
driver's license examination. The fee shall consist of not more	5093
than twenty dollars for the pre-trip inspection portion of the	5094
test, not more than twenty dollars for the off-road maneuvering	5095
portion of the test, and not more than forty-five dollars for the	5096
on-road portion of the test. Each such party may require an	5097
appointment fee in the same manner provided in division (E)(2) of	5098
this section, except that the maximum amount such a party may	5099
require as an appointment fee is eighty-five dollars. The skills	5100
test isadministered by another party under this division shall be	5101
the same ~~that~~as otherwise would be administered by this state ~~and~~	5102
~~that the~~. The other party ~~has entered~~shall enter into an	5103
agreement with the director that ~~includes~~, without limitation,	5104
does all of the following:	5105

(1) Allows the director or the director's representative and	5106
the federal ~~highway~~motor carrier safety administration or its	5107
representative to conduct random examinations, inspections, and	5108
audits of the other party without prior notice;	5109

(2) Requires the director or the director's representative to	5110
conduct on-site inspections of the other party at least annually;	5111

(3) Requires that all examiners of the other party meet the	5112
same qualification and training standards as examiners of the	5113
department of public safety, to the extent necessary to conduct	5114
skills tests in the manner required by 49 C.F.R. 383.110 through	5115
383.135;	5116

(4) Requires either that state employees take, at least	5117
annually and as though the employees were test applicants, the	5118
tests actually administered by the other party, that the director	5119
test a sample of drivers who were examined by the other party to	5120
compare the test results, or that state employees accompany a test	5121
applicant during an actual test;	5122

(5) Reserves to this state the right to take prompt and	5123
appropriate remedial action against testers of the other party if	5124
the other party fails to comply with standards of this state or	5125
federal standards for the testing program or with any other terms	5126
of the contract.	5127

(C) The director shall enter into an agreement with the	5128
department of education authorizing the skills test specified in	5129
this section to be administered by the department at any location	5130
operated by the department for purposes of training and testing	5131
school bus drivers, provided that the agreement between the	5132
director and the department complies with the requirements of	5133
division (B) of this section. Skills tests administered by the	5134
department shall be limited to persons applying for a commercial	5135
driver's license with a school bus endorsement.	5136

(D) The director shall adopt rules, in accordance with	5137
Chapter 119. of the Revised Code, authorizing waiver of the skills	5138
test specified in this section for any applicant for a commercial	5139
driver's license who meets all of the following requirements:	5140

(1) Certifies that, during the two-year period immediately	5141
preceding application for a commercial driver's license, all of	5142
the following apply:	5143

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

5144

(b) The applicant has not had any license suspended, revoked,	5145
or canceled;	5146

(c) The applicant has not had any convictions for any type of	5147
motor vehicle for the offenses for which disqualification is	5148
prescribed in section 4506.16 of the Revised Code;	5149

(d) The applicant has not had any violation of a state or	5150
local law relating to motor vehicle traffic control other than a	5151
parking violation arising in connection with any traffic accident	5152
and has no record of an accident in which the applicant was at	5153
fault.	5154

(2) Certifies and also provides evidence that the applicant	5155
is regularly employed in a job requiring operation of a commercial	5156
motor vehicle and that one of the following applies:	5157

(a) The applicant has previously taken and passed a skills	5158
~~Test~~test given by a state with a classified licensing and testing	5159
system in which the test was behind-the-wheel in a representative	5160
vehicle for the applicant's commercial driver's license	5161
classification;	5162

(b) The applicant has regularly operated, for at least two	5163
years immediately preceding application for a commercial driver's	5164
license, a vehicle representative of the commercial motor vehicle	5165
the applicant operates or expects to operate.	5166

(E)(1) The department of public safety may charge and collect	5167
a divisible fee of fifty dollars for each skills test given as	5168
part of a commercial driver's license examination. The fee shall	5169
consist of ten dollars for the pre-trip inspection portion of the	5170
test, ten dollars for the off-road maneuvering portion of the	5171
test, and thirty dollars for the on-road portion of the test.	5172

(2) The director may require an applicant for a commercial	5173
driver's license who schedules an appointment with the highway	5174
patrol or other authorized employee of the department of public	5175
safety to take all portions of the skills test, to pay an	5176
appointment fee of fifty dollars at the time of scheduling the	5177
appointment. If the applicant appears at the time and location	5178
specified for the appointment and takes all portions of the skills	5179
test during that appointment, the appointment fee shall serve as	5180
the skills test fee. If the applicant schedules an appointment to	5181
take all portions of the skills test and fails to appear at the	5182
time and location specified for the appointment, no portion of the	5183
appointment fee shall be refunded. If the applicant schedules an	5184
appointment to take all portions of the skills test and appears at	5185
the time and location specified for the appointment, but declines	5186
or is unable to take all portions of the skills test, the	5187
appointment fee shall serve as the skills test fee. If the	5188
applicant cancels a scheduled appointment forty-eight hours or	5189
more prior to the time of the appointment time, the applicant	5190
shall not forfeit the appointment fee.	5191

An applicant for a commercial driver's license who schedules	5192
an appointment to take one or more, but not all, portions of the	5193
skills test shall not be required to pay any appointment fee when	5194
scheduling such an appointment.	5195

(3) ~~All~~The department of public safety shall deposit all	5196
fees ~~collected~~it collects under division (E) of this section	5197
~~shall be deposited~~ in the state highway safety fund.	5198

(F) As used in this section, "skills test" means a test of an	5199
applicant's ability to drive the type of commercial motor vehicle	5200
for which the applicant seeks a commercial driver's license by	5201
having the applicant drive such a motor vehicle while under the	5202
supervision of an authorized state driver's license examiner or	5203
tester.	5204

Sec. 4506.11. (A) Every commercial driver's license shall be	5205
marked "commercial driver's license" or "CDL" and shall be of such	5206
material and so designed as to prevent its reproduction or	5207
alteration without ready detection, and, to this end, shall be	5208
laminated with a transparent plastic material. The commercial	5209
driver's license for licensees under twenty-one years of age shall	5210
have characteristics prescribed by the registrar of motor vehicles	5211
distinguishing it from that issued to a licensee who is twenty-one	5212
years of age or older. Every commercial driver's license shall	5213
display all of the following information:	5214

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

5215

(2) A color photograph of the licensee;

5216

(3) A physical description of the licensee, including sex,	5217
height, weight, and color of eyes and hair;	5218

(4) The licensee's date of birth;

5219

(5) The licensee's social security number if the person has	5220
requested that the number be displayed in accordance with section	5221
4501.31 of the Revised Code or if federal law requires the social	5222
security number to be displayed and any number or other identifier	5223
the director of public safety considers appropriate and	5224
establishes by rules adopted under Chapter 119. of the Revised	5225
Code and in compliance with federal law.;	5226

(6) The licensee's signature;

5227

(7) The classes of commercial motor vehicles the licensee is	5228
authorized to drive and any endorsements or restrictions relating	5229
to the licensee's driving of those vehicles;	5230

(8) ~~A space marked "blood type" in which the licensee may~~	5231
~~specify the licensee's blood type;~~	5232

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

5233

~~(10)~~(9) The dates of issuance and of expiration of the	5234
license;	5235

~~(11)~~(10) If the licensee has certified willingness to make an	5236
anatomical donation under section 2108.04 of the Revised Code, any	5237
symbol chosen by the registrar of motor vehicles to indicate that	5238
the licensee has certified that willingness;	5239

~~(12)~~(11) If the licensee has executed a durable power of	5240
attorney for health care or a declaration governing the use or	5241
continuation, or the withholding or withdrawal, of life-sustaining	5242
treatment and has specified that the licensee wishes the license	5243
to indicate that the licensee has executed either type of	5244
instrument, any symbol chosen by the registrar to indicate that	5245
the licensee has executed either type of instrument;	5246

~~(13)~~(12) Any other information the registrar considers	5247
advisable and requires by rule.	5248

(B) The registrar may establish and maintain a file of	5249
negatives of photographs taken for the purposes of this section.	5250

(C) Neither the registrar nor any deputy registrar shall	5251
issue a commercial driver's license to anyone under twenty-one	5252
years of age that does not have the characteristics prescribed by	5253
the registrar distinguishing it from the commercial driver's	5254
license issued to persons who are twenty-one years of age or	5255
older.	5256

(D) Whoever violates division (C) of this section is guilty	5257
of a minor misdemeanor.	5258

Sec. 4506.12. (A) Commercial drivers' licenses shall be	5259
issued in the following classes and shall include any endorsements	5260
and restrictions that are applicable. Subject to any such	5261
endorsements and restrictions, the holder of a valid commercial	5262
driver's license may drive all commercial motor vehicles in the	5263
class for which that license is issued and all lesser classes of	5264
vehicles, except that the holder shall not operate a motorcycle	5265
unless the holder is licensed to do so under Chapter 4507. of the	5266
Revised Code.	5267

(B) The classes of commercial drivers' licenses and the	5268
commercial motor vehicles that they authorize the operation of are	5269
as follows:	5270

(1) Class A--any combination of vehicles with a combined	5271
gross vehicle weight rating of twenty-six thousand one pounds or	5272
more, if the gross vehicle weight rating of the vehicle or	5273
vehicles being towed is in excess of ten thousand pounds.	5274

(2) Class B--any single vehicle with a gross vehicle weight	5275
rating of twenty-six thousand one pounds or more or any such	5276
vehicle towing a vehicle having a gross vehicle weight rating that	5277
is not in excess of ten thousand pounds.	5278

(3) Class C--any single vehicle, or combination of vehicles,	5279
that is not a class A or class B vehicle, but that either is	5280
designed to transport sixteen or more passengers, including the	5281
driver, or is placarded for hazardous materials and any school bus	5282
with a gross vehicle weight rating of less than twenty-six	5283
thousand one pounds that is designed to transport fewer than	5284
sixteen passengers including the driver.	5285

(C) The following endorsements and restrictions apply to	5286
commercial drivers' licenses:	5287

(1) H--authorizes the driver to drive a vehicle transporting	5288
hazardous materials;	5289

(2) K--restricts the driver to only intrastate operation;

5290

(3) L--restricts the driver to vehicles not equipped with air	5291
brakes;	5292

(4) T--authorizes the driver to drive double and triple	5293
trailers;	5294

(5) P--authorizes the driver to drive vehicles carrying	5295
passengers;	5296

(6) P1--authorizes the driver to drive class A vehicles with	5297
fewer than fifteen passengers and all lesser classes of vehicles	5298
without restriction as to the number of passengers;	5299

(7) P2--authorizes the driver to drive class A or B vehicles	5300
with fewer than fifteen passengers and all lesser classes of	5301
vehicles without restriction as to the number of passengers;	5302

(8) P3--restricts the driver to driving class B school buses;

5303

(9) P4--Restricts the driver to driving class C school buses	5304
designed to transport fewer than sixteen passengers including the	5305
driver.	5306

(10) N--authorizes the driver to drive tank vehicles;

5307

(11) S--authorizes the driver to drive school buses;

5308

(12) X--authorizes the driver to drive tank vehicles	5309
transporting hazardous materials;	5310

(13) W--restricts the driver to the operation of commercial	5311
motor vehicles in accordance with a waiver for farm-related	5312
service industries issued under section 4506.24 of the Revised	5313
Code.	5314

(D) In addition to any endorsement that otherwise may apply,	5315
a person who is engaged in the towing of a disabled or wrecked	5316
motor vehicle shall hold a commercial driver's license bearing any	5317
endorsement required to drive the towed vehicle except the driver	5318
is not required to have either of the following:	5319

(1) A passenger endorsement to tow an unoccupied passenger	5320
vehicle;	5321

(2) Any endorsement required for the wrecked or disabled	5322
vehicle when the driver initially removes a vehicle from the site	5323
of the emergency where the vehicle became wrecked or disabled to	5324
the nearest appropriate repair, disposal, or storage facility, as	5325
applicable.	5326

(E) No person shall drive any commercial motor vehicle for	5327
which an endorsement is required under this section unless the	5328
proper endorsement appears on the person's commercial driver's	5329
license.	5330

~~(E)~~(F) Whoever violates this section is guilty of a	5331
misdemeanor of the first degree.	5332

Sec. 4507.13. (A) The registrar of motor vehicles shall	5333
issue a driver's license to every person licensed as an operator	5334
of motor vehicles other than commercial motor vehicles. No person	5335
licensed as a commercial motor vehicle driver under Chapter 4506.	5336
of the Revised Code need procure a driver's license, but no person	5337
shall drive any commercial motor vehicle unless licensed as a	5338
commercial motor vehicle driver.	5339

Every driver's license shall display on it the distinguishing	5340
number assigned to the licensee and shall display the licensee's	5341
name and date of birth; the licensee's residence address and	5342
county of residence; a color photograph of the licensee; a brief	5343
description of the licensee for the purpose of identification; a	5344
facsimile of the signature of the licensee as it appears on the	5345
application for the license; ~~a space marked "blood type" in which~~	5346
~~a licensee may specify the licensee's blood type;~~ a notation, in a	5347
manner prescribed by the registrar, indicating any condition	5348
described in division (D)(3) of section 4507.08 of the Revised	5349
Code to which the licensee is subject; if the licensee has	5350
executed a durable power of attorney for health care or a	5351
declaration governing the use or continuation, or the withholding	5352
or withdrawal, of life-sustaining treatment and has specified that	5353
the licensee wishes the license to indicate that the licensee has	5354
executed either type of instrument, any symbol chosen by the	5355
registrar to indicate that the licensee has executed either type	5356
of instrument; and any additional information that the registrar	5357
requires by rule. No license shall display the licensee's social	5358
security number unless the licensee specifically requests that the	5359
licensee's social security number be displayed on the license. If	5360
federal law requires the licensee's social security number to be	5361
displayed on the license, the social security number shall be	5362
displayed on the license notwithstanding this section.	5363

The driver's license for licensees under twenty-one years of	5364
age shall have characteristics prescribed by the registrar	5365
distinguishing it from that issued to a licensee who is twenty-one	5366
years of age or older, except that a driver's license issued to a	5367
person who applies no more than thirty days before the applicant's	5368
twenty-first birthday shall have the characteristics of a license	5369
issued to a person who is twenty-one years of age or older.	5370

The driver's license issued to a temporary resident shall	5371
contain the word "nonrenewable" and shall have any additional	5372
characteristics prescribed by the registrar distinguishing it from	5373
a license issued to a resident.	5374

Every driver's or commercial driver's license displaying a	5375
motorcycle operator's endorsement and every restricted license to	5376
operate a motor vehicle also shall display the designation	5377
"novice," if the endorsement or license is issued to a person who	5378
is eighteen years of age or older and previously has not been	5379
licensed to operate a motorcycle by this state or another	5380
jurisdiction recognized by this state. The "novice" designation	5381
shall be effective for one year after the date of issuance of the	5382
motorcycle operator's endorsement or license.	5383

Each license issued under this section shall be of such	5384
material and so designed as to prevent its reproduction or	5385
alteration without ready detection and, to this end, shall be	5386
laminated with a transparent plastic material.	5387

(B) Except in regard to a driver's license issued to a person	5388
who applies no more than thirty days before the applicant's	5389
twenty-first birthday, neither the registrar nor any deputy	5390
registrar shall issue a driver's license to anyone under	5391
twenty-one years of age that does not have the characteristics	5392
prescribed by the registrar distinguishing it from the driver's	5393
license issued to persons who are twenty-one years of age or	5394
older.	5395

(C) Whoever violates division (B) of this section is guilty	5396
of a minor misdemeanor.	5397

Sec. 4507.141. (A) Any hearing-impaired person may apply to	5398
the registrar of motor vehicles for an identification card	5399
identifying the person as hearing-impaired. The application for a	5400
hearing-impaired identification card shall be accompanied by a	5401
signed statement from the applicant's personal physician	5402
certifying that the applicant is hearing-impaired. Upon receipt of	5403
the application for the identification card and the signed	5404
statement from the applicant's personal physician, and upon	5405
presentation by the applicant of ~~his~~the applicant's driver's or	5406
commercial driver's license or motorcycle operator's license ~~and~~	5407
~~payment of a fee of five dollars~~, the registrar shall issue the	5408
applicant an identification card. A hearing-impaired person may	5409
also apply for a hearing-impaired identification card at the time	5410
hethe person applies for a driver's or commercial driver's	5411
license or motorcycle operator's license or endorsement. Every	5412
hearing-impaired identification card shall expire on the same date	5413
that the cardholder's driver's or commercial driver's license or	5414
motorcycle operator's license expires.	5415

(B) The hearing-impaired identification card shall be	5416
rectangular in shape, approximately the same size as an average	5417
motor vehicle sun visor, as determined by the registrar, to enable	5418
the identification card to be attached to a sun visor in a motor	5419
vehicle. The identification card shall contain the heading	5420
"Identification Card for the Hearing-impaired Driver" in boldface	5421
type, the name and signature of the hearing-impaired person to	5422
whom it is issued, an identifying number, and instructions on the	5423
actions the hearing-impaired person should take and the actions	5424
the person should refrain from taking in the event hethe person	5425
is stopped by a law enforcement officer while operating the motor	5426
vehicle. The registrar shall determine the preferred manner in	5427
which a hearing-impaired motorcycle operator should carry or	5428
display the hearing-impaired identification card, and the color	5429
and composition of, and any other information to be included on,	5430
the identification card.	5431

(C) As used in this section, "hearing-impaired" means a	5432
hearing loss of forty decibels or more in one or both ears.	5433

Sec. 4507.1614. The registrar shall suspend the person's	5434
license or permit under division (A) of section 4507.162 of the	5435
Revised Code regardless of whether the disposition of the case in	5436
juvenile court occurred after the person's eighteenth birthday.	5437

Sec. 4507.19. The registrar of motor vehicles may cancel any	5438
driver's or commercial driver's license or identification card	5439
that was obtained fraudulently or unlawfully, was issued in error,	5440
or has been altered or willfully destroyed.	5441

Sec. 4507.20. The registrar of motor vehicles, when the	5442
registrar has good cause to believe that the holder of a driver's	5443
or commercial driver's license is incompetent or otherwise not	5444
qualified to be licensed, shall ~~upon~~send a written notice ~~of at~~	5445
~~least thirty days sent~~ to the licensee's last known address,	5446
~~require~~requiring the licensee to submit to a driver's license	5447
examination, a physical examination, or both, or a commercial	5448
driver's license examination within the time indicated on the	5449
notice. The physical examination may be conducted by any	5450
individual authorized by the Revised Code to do so, including a	5451
physician assistant, a clinical nurse specialist, a certified	5452
nurse practitioner, or a certified nurse-midwife. Any written	5453
documentation of the physical examination shall be completed by	5454
the individual who conducted the examination.	5455

Upon the conclusion of the examination, the registrar may	5456
suspend the license of the person, may permit the licensee to	5457
retain the license, or may issue the licensee a restricted	5458
license. Refusal or neglect of the licensee to submit to the	5459
examination is ground for suspension of the licensee's license.	5460

A physician licensed under Chapter 4731. of the Revised Code	5461
may submit a report to the registrar stating that in the	5462
physician's professional opinion the holder of a driver's or	5463
commercial driver's license may be incompetent or otherwise not	5464
qualified to operate safely a motor vehicle due to medical	5465
reasons. Any such report submitted to the registrar is	5466
confidential, is not a public record, and is not subject to	5467
disclosure under section 149.43 of the Revised Code.	5468

Sec. 4507.50. (A) The registrar of motor vehicles or a	5469
deputy registrar, upon receipt of an application filed in	5470
compliance with section 4507.51 of the Revised Code by any person	5471
who is a resident or a temporary resident of this state and,	5472
except as otherwise provided in this section, is not licensed as	5473
an operator of a motor vehicle in this state or another licensing	5474
jurisdiction, and, except as provided in division (B) of this	5475
section, upon receipt of a fee of three dollars and fifty cents,	5476
shall issue an identification card to that person.	5477

Any person who is a resident or temporary resident of this	5478
state whose Ohio driver's or commercial driver's license has been	5479
suspended or canceled, upon application in compliance with section	5480
4507.51 of the Revised Code and, except as provided in division	5481
(B) of this section, payment of a fee of three dollars and fifty	5482
cents, may be issued a temporary identification card. The	5483
temporary identification card shall be identical to an	5484
identification card, except that it shall be printed on its face	5485
with a statement that the card is valid during the effective dates	5486
of the suspension or cancellation of the cardholder's license, or	5487
until the birthday of the cardholder in the fourth year after the	5488
date on which it is issued, whichever is shorter. The cardholder	5489
shall surrender the identification card to the registrar or any	5490
deputy registrar before the cardholder's driver's or commercial	5491
driver's license is restored or reissued.	5492

Except as provided in division (B) of this section, the	5493
deputy registrar shall be allowed a fee of two dollars and	5494
seventy-five cents commencing on July 1, 2001, three dollars and	5495
twenty-five cents commencing on January 1, 2003, and three dollars	5496
and fifty cents commencing on January 1, 2004, for each	5497
identification card issued under this section. The fee allowed to	5498
the deputy registrar shall be in addition to the fee for issuing	5499
an identification card.	5500

Neither the registrar nor any deputy registrar shall charge a	5501
fee in excess of one dollar and fifty cents for laminating an	5502
identification card or temporary identification card. A deputy	5503
registrar laminating such a card shall retain the entire amount of	5504
the fee charged for lamination, less the actual cost to the	5505
registrar of the laminating materials used for that lamination, as	5506
specified in the contract executed by the bureau for the	5507
laminating materials and laminating equipment. The deputy	5508
registrar shall forward the amount of the cost of the laminating	5509
materials to the registrar for deposit as provided in this	5510
section.	5511

The fee collected for issuing an identification card under	5512
this section, except the fee allowed to the deputy registrar,	5513
shall be paid into the state treasury to the credit of the state	5514
bureau of motor vehicles fund created in section 4501.25 of the	5515
Revised Code.	5516

(B) A disabled veteran who has a service-connected disability	5517
rated at one hundred per cent by the veterans' administration may	5518
apply to the registrar or a deputy registrar for the issuance to	5519
that veteran of an identification card or a temporary	5520
identification card under this section without payment of any fee	5521
prescribed in division (A) of this section, including any	5522
lamination fee.	5523

~~If the identification card or temporary identification card~~	5524
~~of a disabled veteran described in this division is laminated by a~~	5525
~~deputy registrar who is acting as a deputy registrar pursuant to a~~	5526
~~contract with the registrar that is in effect on the effective~~	5527
~~date of this amendment, the disabled veteran shall pay the deputy~~	5528
~~registrar the lamination fee prescribed in division (A) of this~~	5529
~~section. If the identification card or temporary identification~~	5530
~~card is laminated by a deputy registrar who is acting as a deputy~~	5531
~~registrar pursuant to a contract with the registrar that is~~	5532
~~executed after July 29, 1998, the disabled veteran is not required~~	5533
~~to pay the deputy registrar the lamination fee prescribed in~~	5534
~~division (A) of this section.~~	5535

~~A disabled veteran whose identification card or temporary~~	5536
~~identification card is laminated by the registrar is not required~~	5537
~~to pay the registrar any lamination fee.~~	5538

An application made under division ~~(A)~~(B) of this section	5539
shall be accompanied by such documentary evidence of disability as	5540
the registrar may require by rule.	5541

Sec. 4507.51. (A)(1) Every application for an identification	5542
card or duplicate shall be made on a form furnished by the	5543
registrar of motor vehicles, shall be signed by the applicant, and	5544
by the applicant's parent or guardian if the applicant is under	5545
eighteen years of age, and shall contain the following information	5546
pertaining to the applicant: name, date of birth, sex, general	5547
description including the applicant's height, weight, hair color,	5548
and eye color, address, and social security number~~, and at the~~	5549
~~option of the applicant, the applicant's the applicant's the~~	5550
~~applicant's the applicant's blood type. The application form shall~~	5551
~~state that an applicant is not required to furnish the applicant's~~	5552
~~the applicant's blood type~~. The application also shall state	5553
whether an applicant wishes to certify willingness to make an	5554
anatomical gift under section 2108.04 of the Revised Code and	5555
shall include information about the requirements of that section	5556
that apply to persons who are less than eighteen years of age. The	5557
statement regarding willingness to make such a donation shall be	5558
given no consideration in the decision of whether to issue an	5559
identification card. Each applicant shall be photographed in color	5560
at the time of making application.	5561

(2) The application also shall state whether the applicant	5562
has executed a valid durable power of attorney for health care	5563
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	5564
executed a declaration governing the use or continuation, or the	5565
withholding or withdrawal, of life-sustaining treatment pursuant	5566
to sections 2133.01 to 2133.15 of the Revised Code and, if the	5567
applicant has executed either type of instrument, whether the	5568
applicant wishes the identification card issued to indicate that	5569
the applicant has executed the instrument.	5570

(3) The registrar or deputy registrar, in accordance with	5571
section 3503.11 of the Revised Code, shall register as an elector	5572
any person who applies for an identification card or duplicate if	5573
the applicant is eligible and wishes to be registered as an	5574
elector. The decision of an applicant whether to register as an	5575
elector shall be given no consideration in the decision of whether	5576
to issue the applicant an identification card or duplicate.	5577

(B) The application for an identification card or duplicate	5578
shall be filed in the office of the registrar or deputy registrar.	5579
Each applicant shall present documentary evidence as required by	5580
the registrar of the applicant's age and identity ~~or her or her~~,	5581
and the applicant shall swear that all information given is true.	5582

All applications for an identification card or duplicate	5583
shall be filed in duplicate, and if submitted to a deputy	5584
registrar, a copy shall be forwarded to the registrar. The	5585
registrar shall prescribe rules for the manner in which a deputy	5586
registrar is to file and maintain applications and other records.	5587
The registrar shall maintain a suitable, indexed record of all	5588
applications denied and cards issued or canceled.	5589

Sec. 4507.53. Digitalized photographic records of the	5590
department of public safety may be released only to state, local,	5591
or federal ~~law enforcement~~governmental agencies for criminal	5592
justice purposes and to any court.	5593

Sec. 4507.99. ~~(A)~~ Unless another penalty is provided by the	5594
section that contains the provision violated or otherwise is	5595
provided by the laws of this state, whoever violates any provision	5596
of sections 4507.01 to 4507.081 or 4507.10 to 4507.37 of the	5597
Revised Code is guilty of a misdemeanor of the first degree.	5598

~~(B) Whenever a person is found guilty of a violation of a~~	5599
~~traffic offense specified in Traffic Rule 13(B) that requires the~~	5600
~~person's appearance in court, the court shall require the person~~	5601
~~to verify the existence at the time of the offense of proof of~~	5602
~~financial responsibility covering the person's operation of the~~	5603
~~motor vehicle, or the motor vehicle if registered in the person's~~	5604
~~name, and notify the registrar pursuant to division (D) of section~~	5605
~~4509.101 of the Revised Code if the person fails to verify the~~	5606
~~existence of such proof of financial responsibility.~~	5607

Sec. 4509.05. (A) Upon request, the registrar of motor	5608
vehicles shall search and furnish a certified abstract of the	5609
following information with respect to any person:	5610

~~(A)~~(1) An enumeration of the motor vehicle accidents in which	5611
such person has been involved except accidents certified as	5612
described in division (D) of section 3937.41 of the Revised Code;	5613

~~(B)~~(2) Such person's record of convictions for violation of	5614
the motor vehicle laws.	5615

(B) The registrar shall collect for each abstract a fee of	5616
two dollars.	5617

(C) The registrar may permit deputy registrars to perform a	5618
search and furnish a certified abstract under this section. A	5619
deputy registrar performing this function shall comply with	5620
section 4501.27 of the Revised Code concerning the disclosure of	5621
personal information, shall collect and transmit to the registrar	5622
the two dollar fee established under division (B) of this section,	5623
and may collect and retain a service fee of three dollars and	5624
twenty-five cents commencing on the effective date of this	5625
amendment. If the deputy registrar fees are increased on January	5626
1, 2004, in accordance with section 4503.034 of the Revised Code,	5627
the deputy registrar may collect and retain a service fee of three	5628
dollars and fifty cents, commencing on that date.	5629

Sec. 4509.101. (A)(1) No person shall operate, or permit the	5630
operation of, a motor vehicle in this state, unless proof of	5631
financial responsibility is maintained continuously throughout the	5632
registration period with respect to that vehicle, or, in the case	5633
of a driver who is not the owner, with respect to that driver's	5634
operation of that vehicle.	5635

(2) Whoever violates division (A)(1) of this section shall be	5636
subject to the following civil penalties:	5637

(a) Subject to divisions (A)(2)(b) and (c) of this section, a	5638
class E suspension of the person's driver's license, commercial	5639
driver's license, temporary instruction permit, probationary	5640
license, or nonresident operating privilege for the period of time	5641
specified in division (B)(5) of section 4510.02 of the Revised	5642
Code and impoundment of the person's license. The court may grant	5643
limited driving privileges to the person only if the person	5644
presents proof of financial responsibility and has complied with	5645
division (A)(5) of this section.	5646

(b) If, within five years of the violation, the person's	5647
operating privileges are again suspended and the person's license	5648
again is impounded for a violation of division (A)(1) of this	5649
section, a class C suspension of the person's driver's license,	5650
commercial driver's license, temporary instruction permit,	5651
probationary license, or nonresident operating privilege for the	5652
period of time specified in division (B)(3) of section 4510.02 of	5653
the Revised Code. The court may grant limited driving privileges	5654
to the person only if the person presents proof of financial	5655
responsibility and has complied with division (A)(5) of this	5656
section, and no court may grant limited driving privileges for the	5657
first fifteen days of the suspension.	5658

(c) If, within five years of the violation, the person's	5659
operating privileges are suspended and the person's license is	5660
impounded two or more times for a violation of division (A)(1) of	5661
this section, a class B suspension of the person's driver's	5662
license, commercial driver's license, temporary instruction	5663
permit, probationary license, or nonresident operating privilege	5664
for the period of time specified in division (B)(2) of section	5665
4510.02 of the Revised Code. No court may grant limited driving	5666
privileges during the suspension.	5667

(d) In addition to the suspension of an owner's license under	5668
division (A)(2)(a), (b), or (c) of this section, the suspension of	5669
the rights of the owner to register the motor vehicle and the	5670
impoundment of the owner's certificate of registration and license	5671
plates until the owner complies with division (A)(5) of this	5672
section.	5673

(3) A person to whom this state has issued a certificate of	5674
registration for a motor vehicle or a license to operate a motor	5675
vehicle or who is determined to have operated any motor vehicle or	5676
permitted the operation in this state of a motor vehicle owned by	5677
the person shall be required to verify the existence of proof of	5678
financial responsibility covering the operation of the motor	5679
vehicle or the person's operation of the motor vehicle under any	5680
of the following circumstances:	5681

(a) The person or a motor vehicle owned by the person is	5682
involved in a traffic accident that requires the filing of an	5683
accident report under section 4509.06 of the Revised Code.	5684

(b) The person receives a traffic ticket indicating that	5685
proof of the maintenance of financial responsibility was not	5686
produced upon the request of a peace officer or state highway	5687
patrol trooper made in accordance with division (D)(2) of this	5688
section.	5689

(c) Whenever, in accordance with rules adopted by the	5690
registrar, the person is randomly selected by the registrar and	5691
requested to provide such verification.	5692

(4) An order of the registrar that suspends and impounds a	5693
license or registration, or both, shall state the date on or	5694
before which the person is required to surrender the person's	5695
license or certificate of registration and license plates. The	5696
person is deemed to have surrendered the license or certificate of	5697
registration and license plates, in compliance with the order, if	5698
the person does either of the following:	5699

(a) On or before the date specified in the order, personally	5700
delivers the license or certificate of registration and license	5701
plates, or causes the delivery of the items, to the registrar;	5702

(b) Mails the license or certificate of registration and	5703
license plates to the registrar in an envelope or container	5704
bearing a postmark showing a date no later than the date specified	5705
in the order.	5706

(5) Except as provided in division (A)(6) or (L) of this	5707
section, the registrar shall not restore any operating privileges	5708
or registration rights suspended under this section, return any	5709
license, certificate of registration, or license plates impounded	5710
under this section, or reissue license plates under section	5711
4503.232 of the Revised Code, if the registrar destroyed the	5712
impounded license plates under that section, or reissue a license	5713
under section 4510.52 of the Revised Code, if the registrar	5714
destroyed the suspended license under that section, unless the	5715
rights are not subject to suspension or revocation under any other	5716
law and unless the person, in addition to complying with all other	5717
conditions required by law for reinstatement of the operating	5718
privileges or registration rights, complies with all of the	5719
following:	5720

(a) Pays a financial responsibility reinstatement fee of	5721
seventy-five dollars for the first violation of division (A)(1) of	5722
this section, two hundred fifty dollars for a second violation of	5723
that division, and five hundred dollars for a third or subsequent	5724
violation of that division;	5725

(b) If the person has not voluntarily surrendered the	5726
license, certificate, or license plates in compliance with the	5727
order, pays a financial responsibility nonvoluntary compliance fee	5728
in an amount, not to exceed fifty dollars, determined by the	5729
registrar;	5730

(c) Files and continuously maintains proof of financial	5731
responsibility under sections 4509.44 to 4509.65 of the Revised	5732
Code.	5733

(6) If the registrar issues an order under division (A)(2) of	5734
this section resulting from the failure of a person to respond to	5735
a financial responsibility random verification request under	5736
division (A)(3)(c) of this section and the person successfully	5737
maintains an affirmative defense to a violation of section 4510.16	5738
of the Revised Code or is determined by the registrar or a deputy	5739
registrar to have been in compliance with division (A)(1) of this	5740
section at the time of the initial financial responsibility random	5741
verification request, the registrar shall do both of the	5742
following:	5743

(a) Terminate the order of suspension or impoundment;

5744

(b) Restore the operating privileges and registration rights	5745
of the person without payment of the fees established in divisions	5746
(A)(5)(a) and (b) of this section and without a requirement to	5747
file proof of financial responsibility.	5748

(B)(1) Every party required to file an accident report under	5749
section 4509.06 of the Revised Code also shall include with the	5750
report a document described in division (G)(1) of this section.	5751

If the registrar determines, within forty-five days after the	5752
report is filed, that an operator or owner has violated division	5753
(A)(1) of this section, the registrar shall do all of the	5754
following:	5755

(a) Order the impoundment, with respect to the motor vehicle	5756
involved, required under division (A)(2)(d) of this section, of	5757
the certificate of registration and license plates of any owner	5758
who has violated division (A)(1) of this section;	5759

(b) Order the suspension required under division (A)(2)(a),	5760
(b), or (c) of this section of the license of any operator or	5761
owner who has violated division (A)(1) of this section;	5762

(c) Record the name and address of the person whose	5763
certificate of registration and license plates have been impounded	5764
or are under an order of impoundment, or whose license has been	5765
suspended or is under an order of suspension; the serial number of	5766
the person's license; the serial numbers of the person's	5767
certificate of registration and license plates; and the person's	5768
social security account number, if assigned, or, where the motor	5769
vehicle is used for hire or principally in connection with any	5770
established business, the person's federal taxpayer identification	5771
number. The information shall be recorded in such a manner that it	5772
becomes a part of the person's permanent record, and assists the	5773
registrar in monitoring compliance with the orders of suspension	5774
or impoundment.	5775

(d) Send written notification to every person to whom the	5776
order pertains, at the person's last known address as shown on the	5777
records of the bureau. The person, within ten days after the date	5778
of the mailing of the notification, shall surrender to the	5779
registrar, in a manner set forth in division (A)(4) of this	5780
section, any certificate of registration and registration plates	5781
under an order of impoundment, or any license under an order of	5782
suspension.	5783

(2) The registrar shall issue any order under division (B)(1)	5784
of this section without a hearing. Any person adversely affected	5785
by the order, within ten days after the issuance of the order, may	5786
request an administrative hearing before the registrar, who shall	5787
provide the person with an opportunity for a hearing in accordance	5788
with this paragraph. A request for a hearing does not operate as a	5789
suspension of the order. The scope of the hearing shall be limited	5790
to whether the person in fact demonstrated to the registrar proof	5791
of financial responsibility in accordance with this section. The	5792
registrar shall determine the date, time, and place of any	5793
hearing, provided that the hearing shall be held, and an order	5794
issued or findings made, within thirty days after the registrar	5795
receives a request for a hearing. If requested by the person in	5796
writing, the registrar may designate as the place of hearing the	5797
county seat of the county in which the person resides or a place	5798
within fifty miles of the person's residence. The person shall pay	5799
the cost of the hearing before the registrar, if the registrar's	5800
order of suspension or impoundment is upheld.	5801

(C) Any order of suspension or impoundment issued under this	5802
section or division (B) of section 4509.37 of the Revised Code may	5803
be terminated at any time if the registrar determines upon a	5804
showing of proof of financial responsibility that the operator or	5805
owner of the motor vehicle was in compliance with division (A)(1)	5806
of this section at the time of the traffic offense, motor vehicle	5807
inspection, or accident that resulted in the order against the	5808
person. A determination may be made without a hearing. This	5809
division does not apply unless the person shows good cause for the	5810
person's failure to present satisfactory proof of financial	5811
responsibility to the registrar prior to the issuance of the	5812
order.	5813

(D)(1) For the purpose of enforcing this section, every peace	5814
officer is deemed an agent of the registrar.	5815

(a) Except as provided in division (D)(1)(b) of this section,	5816
any peace officer who, in the performance of the peace officer's	5817
duties as authorized by law, becomes aware of a person whose	5818
license is under an order of suspension, or whose certificate of	5819
registration and license plates are under an order of impoundment,	5820
pursuant to this section, may confiscate the license, certificate	5821
of registration, and license plates, and return them to the	5822
registrar.	5823

(b) Any peace officer who, in the performance of the peace	5824
officer's duties as authorized by law, becomes aware of a person	5825
whose license is under an order of suspension, or whose	5826
certificate of registration and license plates are under an order	5827
of impoundment resulting from failure to respond to a financial	5828
responsibility random verification, shall not, for that reason,	5829
arrest the owner or operator or seize the vehicle or license	5830
plates. Instead, the peace officer shall issue a citation for a	5831
violation of section 4510.16 of the Revised Code specifying the	5832
circumstances as failure to respond to a financial responsibility	5833
random verification.	5834

(2) A peace officer shall request the owner or operator of a	5835
motor vehicle to produce proof of financial responsibility in a	5836
manner described in division (G) of this section at the time the	5837
peace officer acts to enforce the traffic laws of this state and	5838
during motor vehicle inspections conducted pursuant to section	5839
4513.02 of the Revised Code.	5840

(3) A peace officer shall indicate on every traffic ticket	5841
whether the person receiving the traffic ticket produced proof of	5842
the maintenance of financial responsibility in response to the	5843
officer's request under division (D)(2) of this section. The peace	5844
officer shall inform every person who receives a traffic ticket	5845
and who has failed to produce proof of the maintenance of	5846
financial responsibility that the person must submit proof to the	5847
traffic violations bureau with any payment of a fine and costs for	5848
the ticketed violation or, if the person is to appear in court for	5849
the violation, the person must submit proof to the court.	5850

(4)(a) If a person who has failed to produce proof of the	5851
maintenance of financial responsibility appears in court for a	5852
ticketed violation, the court may permit the defendant to present	5853
evidence of proof of financial responsibility to the court at such	5854
time and in such manner as the court determines to be necessary or	5855
appropriate. ~~The~~In a manner prescribed by the registrar, the	5856
clerk of courts shall provide the registrar with the identity of	5857
any person who fails to submit proof of the maintenance of	5858
financial responsibility pursuant to division (D)(3) of this	5859
section.	5860

(b) If a person who has failed to produce proof of the	5861
maintenance of financial responsibility also fails to submit that	5862
proof to the traffic violations bureau with payment of a fine and	5863
costs for the ticketed violation, the traffic violations bureau,	5864
in a manner prescribed by the registrar, shall notify the	5865
registrar of the identity of that person.	5866

(5)(a) Upon receiving notice from a clerk of courts or	5867
traffic violations bureau pursuant to division (D)(4) of this	5868
section, the registrar shall order the suspension of the license	5869
of the person required under division (A)(2)(a), (b), or (c) of	5870
this section and the impoundment of the person's certificate of	5871
registration and license plates required under division (A)(2)(d)	5872
of this section, effective thirty days after the date of the	5873
mailing of notification. The registrar also shall notify the	5874
person that the person must present the registrar with proof of	5875
financial responsibility in accordance with this section,	5876
surrender to the registrar the person's certificate of	5877
registration, license plates, and license, or submit a statement	5878
subject to section 2921.13 of the Revised Code that the person did	5879
not operate or permit the operation of the motor vehicle at the	5880
time of the offense. Notification shall be in writing and shall be	5881
sent to the person at the person's last known address as shown on	5882
the records of the bureau of motor vehicles. The person, within	5883
fifteen days after the date of the mailing of notification, shall	5884
present proof of financial responsibility, surrender the	5885
certificate of registration, license plates, and license to the	5886
registrar in a manner set forth in division (A)(4) of this	5887
section, or submit the statement required under this section	5888
together with other information the person considers appropriate.	5889

If the registrar does not receive proof or the person does	5890
not surrender the certificate of registration, license plates, and	5891
license, in accordance with this division, the registrar shall	5892
permit the order for the suspension of the license of the person	5893
and the impoundment of the person's certificate of registration	5894
and license plates to take effect.	5895

(b) In the case of a person who presents, within the	5896
fifteen-day period, documents to show proof of financial	5897
responsibility, the registrar shall terminate the order of	5898
suspension and the impoundment of the registration and license	5899
plates required under division (A)(2)(d) of this section and shall	5900
send written notification to the person, at the person's last	5901
known address as shown on the records of the bureau.	5902

(c) Any person adversely affected by the order of the	5903
registrar under division (D)(5)(a) or (b) of this section, within	5904
ten days after the issuance of the order, may request an	5905
administrative hearing before the registrar, who shall provide the	5906
person with an opportunity for a hearing in accordance with this	5907
paragraph. A request for a hearing does not operate as a	5908
suspension of the order. The scope of the hearing shall be limited	5909
to whether, at the time of the hearing, the person ~~in fact~~	5910
~~demonstrated to the registrar~~presents proof of financial	5911
responsibility covering the vehicle and whether the person is	5912
eligible for an exemption in accordance with this section or any	5913
rule adopted under it. The registrar shall determine the date,	5914
time, and place of any hearing; provided, that the hearing shall	5915
be held, and an order issued or findings made, within thirty days	5916
after the registrar receives a request for a hearing. If requested	5917
by the person in writing, the registrar may designate as the place	5918
of hearing the county seat of the county in which the person	5919
resides or a place within fifty miles of the person's residence.	5920
Such person shall pay the cost of the hearing before the	5921
registrar, if the registrar's order of suspension or impoundment	5922
under division (D)(5)(a) or (b) of this section is upheld.	5923

(6) A peace officer may charge an owner or operator of a	5924
motor vehicle with a violation of section 4510.16 of the Revised	5925
Code when the owner or operator fails to show proof of the	5926
maintenance of financial responsibility pursuant to a peace	5927
officer's request under division (D)(2) of this section, if a	5928
check of the owner or operator's driving record indicates that the	5929
owner or operator, at the time of the operation of the motor	5930
vehicle, is required to file and maintain proof of financial	5931
responsibility under section 4509.45 of the Revised Code for a	5932
previous violation of this chapter.	5933

(7) Any forms used by law enforcement agencies in	5934
administering this section shall be prescribed, supplied, and paid	5935
for by the registrar.	5936

(8) No peace officer, law enforcement agency employing a	5937
peace officer, or political subdivision or governmental agency	5938
that employs a peace officer shall be liable in a civil action for	5939
damages or loss to persons arising out of the performance of any	5940
duty required or authorized by this section.	5941

(9) As used in this division and divisions (E) and (G) of	5942
this section, "peace officer" has the meaning set forth in section	5943
2935.01 of the Revised Code.	5944

(E) All fees, except court costs, collected under this	5945
section shall be paid into the state treasury to the credit of the	5946
financial responsibility compliance fund. The financial	5947
responsibility compliance fund shall be used exclusively to cover	5948
costs incurred by the bureau in the administration of this section	5949
and sections 4503.20, 4507.212, and 4509.81 of the Revised Code,	5950
and by any law enforcement agency employing any peace officer who	5951
returns any license, certificate of registration, and license	5952
plates to the registrar pursuant to division (C) of this section,	5953
except that the director of budget and management may transfer	5954
excess money from the financial responsibility compliance fund to	5955
the state bureau of motor vehicles fund if the registrar	5956
determines that the amount of money in the financial	5957
responsibility compliance fund exceeds the amount required to	5958
cover such costs incurred by the bureau or a law enforcement	5959
agency and requests the director to make the transfer.	5960

All investment earnings of the financial responsibility	5961
compliance fund shall be credited to the fund.	5962

(F) Chapter 119. of the Revised Code applies to this section	5963
only to the extent that any provision in that chapter is not	5964
clearly inconsistent with this section.	5965

(G)(1) The registrar, court, traffic violations bureau, or	5966
peace officer may require proof of financial responsibility to be	5967
demonstrated by use of a standard form prescribed by the	5968
registrar. If the use of a standard form is not required, a person	5969
may demonstrate proof of financial responsibility under this	5970
section by presenting to the traffic violations bureau, court,	5971
registrar, or peace officer any of the following documents or a	5972
copy of the documents:	5973

(a) A financial responsibility identification card as	5974
provided in section 4509.103 of the Revised Code;	5975

(b) A certificate of proof of financial responsibility on a	5976
form provided and approved by the registrar for the filing of an	5977
accident report required to be filed under section 4509.06 of the	5978
Revised Code;	5979

(c) A policy of liability insurance, a declaration page of a	5980
policy of liability insurance, or liability bond, if the policy or	5981
bond complies with section 4509.20 or sections 4509.49 to 4509.61	5982
of the Revised Code;	5983

(d) A bond or certification of the issuance of a bond as	5984
provided in section 4509.59 of the Revised Code;	5985

(e) A certificate of deposit of money or securities as	5986
provided in section 4509.62 of the Revised Code;	5987

(f) A certificate of self-insurance as provided in section	5988
4509.72 of the Revised Code.	5989

(2) If a person fails to demonstrate proof of financial	5990
responsibility in a manner described in division (G)(1) of this	5991
section, the person may demonstrate proof of financial	5992
responsibility under this section by any other method that the	5993
court or the bureau, by reason of circumstances in a particular	5994
case, may consider appropriate.	5995

(3) A motor carrier certificated by the interstate commerce	5996
commission or by the public utilities commission may demonstrate	5997
proof of financial responsibility by providing a statement	5998
designating the motor carrier's operating authority and averring	5999
that the insurance coverage required by the certificating	6000
authority is in full force and effect.	6001

(4)(a) A finding by the registrar or court that a person is	6002
covered by proof of financial responsibility in the form of an	6003
insurance policy or surety bond is not binding upon the named	6004
insurer or surety or any of its officers, employees, agents, or	6005
representatives and has no legal effect except for the purpose of	6006
administering this section.	6007

(b) The preparation and delivery of a financial	6008
responsibility identification card or any other document	6009
authorized to be used as proof of financial responsibility under	6010
this division does not do any of the following:	6011

(i) Create any liability or estoppel against an insurer or	6012
surety, or any of its officers, employees, agents, or	6013
representatives;	6014

(ii) Constitute an admission of the existence of, or of any	6015
liability or coverage under, any policy or bond;	6016

(iii) Waive any defenses or counterclaims available to an	6017
insurer, surety, agent, employee, or representative in an action	6018
commenced by an insured or third-party claimant upon a cause of	6019
action alleged to have arisen under an insurance policy or surety	6020
bond or by reason of the preparation and delivery of a document	6021
for use as proof of financial responsibility.	6022

(c) Whenever it is determined by a final judgment in a	6023
judicial proceeding that an insurer or surety, which has been	6024
named on a document accepted by a court or the registrar as proof	6025
of financial responsibility covering the operation of a motor	6026
vehicle at the time of an accident or offense, is not liable to	6027
pay a judgment for injuries or damages resulting from such	6028
operation, the registrar, notwithstanding any previous contrary	6029
finding, shall forthwith suspend the operating privileges and	6030
registration rights of the person against whom the judgment was	6031
rendered as provided in division (A)(2) of this section.	6032

(H) In order for any document described in division (G)(1)(b)	6033
of this section to be used for the demonstration of proof of	6034
financial responsibility under this section, the document shall	6035
state the name of the insured or obligor, the name of the insurer	6036
or surety company, and the effective and expiration dates of the	6037
financial responsibility, and designate by explicit description or	6038
by appropriate reference all motor vehicles covered which may	6039
include a reference to fleet insurance coverage.	6040

(I) For purposes of this section, "owner" does not include a	6041
licensed motor vehicle leasing dealer as defined in section	6042
4517.01 of the Revised Code, but does include a motor vehicle	6043
renting dealer as defined in section 4549.65 of the Revised Code.	6044
Nothing in this section or in section 4509.51 of the Revised Code	6045
shall be construed to prohibit a motor vehicle renting dealer from	6046
entering into a contractual agreement with a person whereby the	6047
person renting the motor vehicle agrees to be solely responsible	6048
for maintaining proof of financial responsibility, in accordance	6049
with this section, with respect to the operation, maintenance, or	6050
use of the motor vehicle during the period of the motor vehicle's	6051
rental.	6052

(J) The purpose of this section is to require the maintenance	6053
of proof of financial responsibility with respect to the operation	6054
of motor vehicles on the highways of this state, so as to minimize	6055
those situations in which persons are not compensated for injuries	6056
and damages sustained in motor vehicle accidents. The general	6057
assembly finds that this section contains reasonable civil	6058
penalties and procedures for achieving this purpose.	6059

(K) Nothing in this section shall be construed to be subject	6060
to section 4509.78 of the Revised Code.	6061

(L)(1) The registrar may terminate any suspension imposed	6062
under this section and not require the owner to comply with	6063
divisions (A)(5)(a), (b), and (c) of this section if the registrar	6064
with or without a hearing determines that the owner of the vehicle	6065
has established by clear and convincing evidence that all of the	6066
following apply:	6067

~~(1)~~(a) The owner customarily maintains proof of financial	6068
responsibility.	6069

~~(2)~~(b) Proof of financial responsibility was not in effect	6070
for the vehicle on the date in question for one of the following	6071
reasons:	6072

~~(a)~~(i) The vehicle was inoperable.

6073

~~(b)~~(ii) The vehicle is operated only seasonally, and the date	6074
in question was outside the season of operation.	6075

~~(c)~~(iii) A person other than the vehicle owner or driver was	6076
at fault for the lapse of proof of financial responsibility	6077
through no fault of the owner or driver.	6078

~~(d)~~(iv) The lapse of proof of financial responsibility was	6079
caused by excusable neglect under circumstances that are not	6080
likely to recur and do not suggest a purpose to evade the	6081
requirements of this chapter.	6082

~~(3)~~(2) The registrar may grant an owner or driver relief for	6083
a reason specified in division (L)(1)(b)(i) or (ii) of this	6084
section whenever the owner or driver is randomly selected to	6085
verify the existence of proof of financial responsibility for such	6086
a vehicle. However, the registrar may grant an owner or driver	6087
relief for a reason specified in division (L)(1)(b)(iii) or (iv)	6088
of this section only if the owner or driver has not previously	6089
been granted relief under division (L)(1)(b)(iii) or (iv) of this	6090
section.	6091

(M) The registrar shall adopt rules in accordance with	6092
Chapter 119. of the Revised Code that are necessary to administer	6093
and enforce this section. The rules shall include procedures for	6094
the surrender of license plates upon failure to maintain proof of	6095
financial responsibility and provisions relating to reinstatement	6096
of registration rights, acceptable forms of proof of financial	6097
responsibility, and verification of the existence of financial	6098
responsibility during the period of registration.	6099

Sec. 4509.79. (A) As used in this section, "ridesharing	6100
arrangement" means the transportation of persons in a motor	6101
vehicle where such transportation is incidental to another purpose	6102
of a volunteer driver and includes ridesharing arrangements known	6103
as carpools, vanpools, and buspools.	6104

(B) Every owner registering as a passenger car a motor	6105
vehicle designed and used for carrying more than nine but not more	6106
than fifteen passengers or registering a bus under division	6107
~~(H)(8)~~(G) of section 4503.04 of the Revised Code shall have in	6108
effect, whenever the motor vehicle is used in a ridesharing	6109
arrangement, a policy of liability insurance with respect to the	6110
motor vehicle in amounts and coverage no less than:	6111

(1) One hundred thousand dollars because of bodily injury to	6112
or death of one person in any one accident;	6113

(2) Three hundred thousand dollars because of bodily injury	6114
to or death of two or more persons in any one accident;	6115

(3) Fifty thousand dollars because of injury to property of	6116
others in any one accident.	6117

(C) Whoever violates this section shall be fined not more	6118
than five thousand dollars.	6119

Sec. 4510.10. (A) As used in this section, "reinstatement	6120
fees" means the fees that are required under section 4507.1612,	6121
4507.45, 4509.101, 4509.81, 4511.191, 4511.951, or any other	6122
provision of the Revised Code, or under a schedule established by	6123
the bureau of motor vehicles, in order to reinstate a driver's or	6124
commercial driver's license or permit or nonresident operating	6125
privilege of an offender under a suspension.	6126

(B) Reinstatement fees are those fees that compensate the	6127
bureau of motor vehicles for suspensions, cancellations, or	6128
disqualifications of a person's driving privileges and to	6129
compensate the bureau and other agencies in their administration	6130
of programs intended to reduce and eliminate threats to public	6131
safety through education, treatment, and other activities. The	6132
registrar of motor vehicles shall not reinstate a driver's or	6133
commercial driver's license or permit or nonresident operating	6134
privilege of a person until the person has paid all reinstatement	6135
fees and has complied with all conditions for each suspension,	6136
cancellation, or disqualification incurred by that person.	6137

(C) When a municipal court or county court determines in a	6138
pending case involving an offender that the offender cannot	6139
reasonably pay reinstatement fees due and owing by the offender	6140
relative to a suspension that has been or that will be imposed in	6141
the case, then the court, by order, may undertake either of the	6142
following, in order of preference:	6143

(1) Establish a reasonable payment plan of not less than	6144
fifty dollars per month, to be paid by the offender to the bureau	6145
of motor vehicles in all succeeding months until all reinstatement	6146
fees required of the offender are paid in full;	6147

(2) If the offender, but for the payment of the reinstatement	6148
fees, otherwise would be entitled to operate a vehicle in this	6149
state or to obtain reinstatement of the offender's operating	6150
privileges, permit the offender to operate a motor vehicle, as	6151
authorized by the court, until a future date upon which date all	6152
reinstatement fees must be paid in full. A payment extension	6153
granted under this division shall not exceed one hundred eighty	6154
days, and any operating privileges granted under this division	6155
shall be solely for the purpose of permitting the offender	6156
occupational or "family necessity" privileges in order to enable	6157
the offender to reasonably acquire the delinquent reinstatement	6158
fees due and owing.	6159

~~(C)~~(D) If a municipal court or county court, by order,	6160
undertakes either activity described in division ~~(B)~~(C)(1) or (2)	6161
of this section, the court, at any time after the issuance of the	6162
order, may determine that a change of circumstances has occurred	6163
and may amend the order as justice requires, provided that the	6164
amended order also shall be an order that is permitted under	6165
division ~~(B)~~(C)(1) or (2) of this section.	6166

~~(D)~~(E) If a court enters an order of the type described in	6167
division ~~(B)~~(C)(1), ~~(B)~~(C)(2), or ~~(C)~~(D) of this section, during	6168
the pendency of the order, the offender in relation to whom it	6169
applies is not subject to prosecution for failing to pay the	6170
reinstatement fees covered by the order.	6171

(F) Reinstatement fees are debts that may be discharged in	6172
bankruptcy.	6173

Sec. 4510.22. (A) If a person who has a current valid Ohio	6174
driver's, commercial driver's license, or temporary instruction	6175
permit is charged with a violation of any provision in sections	6176
4511.01 to 4511.76, 4511.84, 4513.01 to 4513.65, or 4549.01 to	6177
4549.65 of the Revised Code that is classified as a misdemeanor of	6178
the first, second, third, or fourth degree or with a violation of	6179
any substantially equivalent municipal ordinance and if the person	6180
either fails to appear in court at the required time and place to	6181
answer the charge or pleads guilty to or is found guilty of the	6182
violation and fails within the time allowed by the court to pay	6183
the fine imposed by the court, the court shall declare the	6184
~~suspension~~forfeiture of the person's license. Thirty days after	6185
the declaration of forfeiture, the court shall inform the	6186
registrar of motor vehicles of the ~~declaration~~forfeiture by	6187
entering information relative to the ~~declaration~~of forfeiture on	6188
a form approved and furnished by the registrar and sending the	6189
form to the registrar. The court also shall forward the person's	6190
license, if it is in the possession of the court, to the	6191
registrar.	6192

The registrar shall impose a class F suspension of the	6193
person's driver's or commercial driver's license, or temporary	6194
instruction permit for the period of time specified in division	6195
(B)(6) of section 4510.02 of the Revised Code on any person who is	6196
named in a declaration received by the registrar under this	6197
section. The registrar shall send written notification of the	6198
suspension to the person at the person's last known address and,	6199
if the person is in possession of the license, order the person to	6200
surrender the person's license or permit to the registrar within	6201
forty-eight hours.	6202

No valid driver's or commercial driver's license shall be	6203
granted to the person after the suspension, unless the court	6204
having jurisdiction of the offense that led to the suspension	6205
orders that the ~~suspension~~forfeiture be terminated. The court	6206
shall order the termination of the ~~suspension~~forfeiture if the	6207
person thereafter appears to answer the charge and pays any fine	6208
imposed by the court or pays the fine originally imposed by the	6209
court. The court shall inform the registrar of the termination of	6210
the ~~suspension~~forfeiture by entering information relative to the	6211
termination on a form approved and furnished by the registrar and	6212
sending the form to the registrar. The person shall pay to the	6213
bureau of motor vehicles a fifteen-dollar ~~processing~~reinstatement	6214
fee to cover the costs of the bureau in administering this	6215
section. The registrar shall deposit the fee into the state bureau	6216
of motor vehicles fund created by section 4501.25 of the Revised	6217
Code.	6218

(B) In addition to suspending the driver's or commercial	6219
driver's license or permit of the person named in a declaration of	6220
~~suspension~~forfeiture, the registrar, upon receipt from the court	6221
of the copy of the declaration of ~~suspension~~forfeiture, shall	6222
take any measures that may be necessary to ensure that neither the	6223
registrar nor any deputy registrar accepts any application for the	6224
registration or transfer of registration of any motor vehicle	6225
owned or leased by the person named in the declaration of	6226
forfeiture. However, for a motor vehicle leased by a person named	6227
in a declaration of forfeiture, the registrar shall not implement	6228
the preceding sentence until the registrar adopts procedures for	6229
that implementation under section 4503.39 of the Revised Code. The	6230
period of denial of registration or transfer shall continue until	6231
such time as the court having jurisdiction of the offense that led	6232
to the suspension orders the ~~suspension to~~forfeiture be	6233
terminated. Upon receipt by the registrar of an order terminating	6234
the ~~suspension~~forfeiture, the registrar also shall take any	6235
measures that may be necessary to permit the person to register a	6236
motor vehicle owned or leased by the person or to transfer the	6237
registration of such a motor vehicle, if the person later makes	6238
application to take such action and otherwise is eligible to	6239
register the motor vehicle or to transfer its registration.	6240

The registrar shall not be required to give effect to any	6241
declaration of ~~suspension~~forfeiture or order terminating a	6242
~~suspension~~forfeiture provided by a court under this section	6243
unless the information contained in the declaration or order is	6244
transmitted to the registrar by means of an electronic transfer	6245
system. The registrar shall not restore the person's driving or	6246
vehicle registration privileges until the person pays the	6247
reinstatement fee as provided in this section.	6248

The period of denial relating to the issuance or transfer of	6249
a certificate of registration for a motor vehicle imposed pursuant	6250
to this division remains in effect until the person pays any fine	6251
imposed by the court relative to the offense.	6252

Sec. 4510.31. (A)(1) Except as provided in division (C) of	6253
this section, the registrar of motor vehicles shall suspend the	6254
probationary driver's license, restricted license, or temporary	6255
instruction permit issued to any person when the person has been	6256
convicted of, pleaded guilty to, or been adjudicated in juvenile	6257
court of having committed, prior to the person's eighteenth	6258
birthday, any of the following:	6259

(a) Three separate violations of section 2903.06, 2903.08,	6260
2921.331, 4511.12, 4511.13, 4511.15, 4511.191, 4511.20, 4511.201,	6261
4511.202, 4511.21, 4511.22, 4511.23, 4511.25 to 4511.48, 4511.57	6262
to 4511.65, 4511.75, 4549.02, 4549.021, or 4549.03 of the Revised	6263
Code, section 4510.14 of the Revised Code involving a suspension	6264
imposed under section 4511.191 or 4511.196 of the Revised Code,	6265
section 2903.04 of the Revised Code in a case in which the person	6266
would have been subject to the sanctions described in division (D)	6267
of that section had the person been convicted of the violation of	6268
that section, former section 2903.07 of the Revised Code, or any	6269
municipal ordinances similarly relating to the offenses referred	6270
to in those sections;	6271

(b) One violation of section 4511.19 of the Revised Code or a	6272
substantially similar municipal ordinance;	6273

(c) Two separate violations of any of the Revised Code	6274
sections referred to in division (A)(1)(a) of this section, or any	6275
municipal ordinance that is substantially similar to any of those	6276
sections.	6277

(2) Any person whose license or permit is suspended under	6278
division (A)(1)(a), (b), or (c) of this section shall mail or	6279
deliver the person's probationary driver's license, restricted	6280
license, or temporary instruction permit to the registrar within	6281
fourteen days of notification of the suspension. The registrar	6282
shall retain the license or permit during the period of the	6283
suspension. A suspension pursuant to division (A)(1)(a) of this	6284
section shall be a class C suspension, a suspension pursuant to	6285
division (A)(1)(b) of this section shall be a class D suspension,	6286
and a suspension pursuant to division (A)(1)(c) of this section	6287
shall be a class E suspension, all for the periods of time	6288
specified in division (B) of section 4510.02 of the Revised Code.	6289
If the person's probationary driver's license, restricted license,	6290
or temporary instruction permit is under suspension on the date	6291
the court imposes sentence upon the person for a violation	6292
described in division (A)(1)(b) of this section, the suspension	6293
shall take effect on the next day immediately following the end of	6294
that period of suspension. If the person is sixteen years of age	6295
or older and pleads guilty to or is convicted of a violation	6296
described in division (A)(1)(b) of this section and the person	6297
does not have a current, valid probationary driver's license,	6298
restricted license, or temporary instruction permit, the registrar	6299
shall deny the issuance to the person of a probationary driver's	6300
license, restricted license, driver's license, commercial driver's	6301
license, or temporary instruction permit, as the case may be, for	6302
six months beginning on the date the court imposes sentence upon	6303
the person for the violation. If the person has not attained the	6304
age of sixteen years on the date the court imposes sentence upon	6305
the person for the violation, the period of denial shall commence	6306
on the date the person attains the age of sixteen years.	6307

(3) The registrar shall suspend the person's license or	6308
permit under division (A) of this section regardless of whether	6309
the disposition of the case in juvenile court occurred after the	6310
person's eighteenth birthday.	6311

(B) The registrar also shall impose a class D suspension for	6312
the period of time specified in division (B)(4) of section 4510.02	6313
of the Revised Code of the temporary instruction permit or	6314
probationary driver's license of any person under the age of	6315
eighteen who has been adjudicated an unruly child, delinquent	6316
child, or juvenile traffic offender for having committed any act	6317
that if committed by an adult would be a drug abuse offense or a	6318
violation of division (B) of section 2917.11 of the Revised Code.	6319
The registrar, in the registrar's discretion, may terminate the	6320
suspension if the child, at the discretion of the court, attends	6321
and satisfactorily completes a drug abuse or alcohol abuse	6322
education, intervention, or treatment program specified by the	6323
court. Any person whose temporary instruction permit or	6324
probationary driver's license is suspended under this division	6325
shall mail or deliver the person's permit or license to the	6326
registrar within fourteen days of notification of the suspension.	6327
The registrar shall retain the permit or license during the period	6328
of the suspension.	6329

(C)(1) Except as provided in division (C)(3) of this section,	6330
for any person who is convicted of, pleads guilty to, or is	6331
adjudicated in juvenile court of having committed a second or	6332
third violation of section 4511.12, 4511.13, 4511.15, 4511.20 to	6333
4511.23, 4511.25, 4511.26 to 4511.48, 4511.57 to 4511.65, or	6334
4511.75 of the Revised Code or any similar municipal ordinances	6335
and whose license or permit is suspended under division (A)(1)(a)	6336
or (c) of this section, the court in which the second or third	6337
conviction, finding, plea, or adjudication resulting in the	6338
suspension was made, upon petition of the person, may grant the	6339
person limited driving privileges during the period during which	6340
the suspension otherwise would be imposed under division (A)(1)(a)	6341
or (c) of this section if the court finds reasonable cause to	6342
believe that the suspension will seriously affect the person's	6343
ability to continue in employment, educational training,	6344
vocational training, or treatment. In granting the limited driving	6345
privileges, the court shall specify the purposes, times, and	6346
places of the privileges and may impose any other conditions upon	6347
the person's driving a motor vehicle that the court considers	6348
reasonable and necessary.	6349

A court that grants limited driving privileges to a person	6350
under this division shall retain the person's probationary	6351
driver's license, restricted license, or temporary instruction	6352
permit during the period the license or permit is suspended and	6353
also during the period for which limited driving privileges are	6354
granted, and shall deliver to the person a permit card, in a form	6355
to be prescribed by the court, setting forth the date on which the	6356
limited driving privileges will become effective, the purposes for	6357
which the person may drive, the times and places at which the	6358
person may drive, and any other conditions imposed upon the	6359
person's use of a motor vehicle.	6360

The court immediately shall notify the registrar, in writing,	6361
of a grant of limited driving privileges under this division. The	6362
notification shall specify the date on which the limited driving	6363
privileges will become effective, the purposes for which the	6364
person may drive, the times and places at which the person may	6365
drive, and any other conditions imposed upon the person's use of a	6366
motor vehicle. The registrar shall not suspend the probationary	6367
driver's license, restricted license, or temporary instruction	6368
permit of any person pursuant to division (A) of this section	6369
during any period for which the person has been granted limited	6370
driving privileges as provided in this division, if the registrar	6371
has received the notification described in this division from the	6372
court.	6373

(2) Except as provided in division (C)(3) of this section, in	6374
any case in which the temporary instruction permit or probationary	6375
driver's license of a person under eighteen years of age has been	6376
suspended under division (A) or (B) of this section or any other	6377
provision of law, the court may grant the person limited driving	6378
privileges for the purpose of the person's practicing of driving	6379
with the person's parent, guardian, or other custodian during the	6380
period of the suspension. Any grant of limited driving privileges	6381
under this division shall comply with division (D) of section	6382
4510.021 of the Revised Code.	6383

(3) A court shall not grant limited driving privileges to a	6384
person identified in division (C)(1) or (2) of this section if the	6385
person, within the preceding six years, has been convicted of,	6386
pleaded guilty to, or adjudicated in juvenile court of having	6387
committed three or more violations of one or more of the divisions	6388
or sections set forth in divisions (G)(2)(b) to (g) of section	6389
2919.22 of the Revised Code.	6390

(D) If a person who has been granted limited driving	6391
privileges under division (C) of this section is convicted of,	6392
pleads guilty to, or is adjudicated in juvenile court of having	6393
committed, a violation of Chapter 4510. of the Revised Code, or a	6394
subsequent violation of any of the sections of the Revised Code	6395
listed in division (A)(1)(a) of this section or any similar	6396
municipal ordinance during the period for which the person was	6397
granted limited driving privileges, the court that granted the	6398
limited driving privileges shall suspend the person's permit card.	6399
The court or the clerk of the court immediately shall forward the	6400
person's probationary driver's license, restricted license, or	6401
temporary instruction permit together with written notification of	6402
the court's action to the registrar. Upon receipt of the license	6403
or permit and notification, the registrar shall impose a class C	6404
suspension of the person's probationary driver's license,	6405
restricted license, or temporary instruction permit for the period	6406
of time specified in division (B)(3) of section 4510.02 of the	6407
Revised Code. The registrar shall retain the license or permit	6408
during the period of suspension, and no further limited driving	6409
privileges shall be granted during that period.	6410

(E) No application for a driver's or commercial driver's	6411
license shall be received from any person whose probationary	6412
driver's license, restricted license, or temporary instruction	6413
permit has been suspended under this section until each of the	6414
following has occurred:	6415

(1) The suspension period has expired;

6416

(2) A temporary instruction permit or commercial driver's	6417
license temporary instruction permit has been issued;	6418

(3) The person successfully completes a juvenile driver	6419
improvement program approved by the registrar under section	6420
4510.311 of the Revised Code;	6421

(4) The applicant has submitted to the examination for a	6422
driver's license as provided for in section 4507.11 or a	6423
commercial driver's license as provided in Chapter 4506. of the	6424
Revised Code.	6425

Sec. 4510.43. (A)(1) The director of public safety, upon	6426
consultation with the director of health and in accordance with	6427
Chapter 119. of the Revised Code, shall certify immobilizing and	6428
disabling devices and shall publish and make available to the	6429
courts, without charge, a list of approved devices together with	6430
information about the manufacturers of the devices and where they	6431
may be obtained. The manufacturer of an immobilizing or disabling	6432
device shall pay the cost of obtaining the certification of the	6433
device to the director of public safety, and the director shall	6434
deposit the payment in the drivers' treatment and intervention	6435
fund established by sections 4511.19 and 4511.191 of the Revised	6436
Code.	6437

(2) The director of public safety, in accordance with Chapter	6438
119. of the Revised Code, shall adopt and publish rules setting	6439
forth the requirements for obtaining the certification of an	6440
immobilizing or disabling device. The director of public safety	6441
shall not certify an immobilizing or disabling device under this	6442
section unless it meets the requirements specified and published	6443
by the director in the rules adopted pursuant to this division. A	6444
certified device may consist of an ignition interlock device, an	6445
ignition blocking device initiated by time or magnetic or	6446
electronic encoding, an activity monitor, or any other device that	6447
reasonably assures compliance with an order granting limited	6448
driving privileges.	6449

The requirements for an immobilizing or disabling device that	6450
is an ignition interlock device shall include provisions for	6451
setting a minimum and maximum calibration range and shall include,	6452
but shall not be limited to, specifications that the device	6453
complies with all of the following:	6454

(a) It does not impede the safe operation of the vehicle.

6455

(b) It has features that make circumvention difficult and	6456
that do not interfere with the normal use of the vehicle.	6457

(c) It correlates well with established measures of alcohol	6458
impairment.	6459

(d) It works accurately and reliably in an unsupervised	6460
environment.	6461

(e) It is resistant to tampering and shows evidence of	6462
tampering if tampering is attempted.	6463

(f) It is difficult to circumvent and requires premeditation	6464
to do so.	6465

(g) It minimizes inconvenience to a sober user.

6466

(h) It requires a proper, deep-lung breath sample or other	6467
accurate measure of the concentration by weight of alcohol in the	6468
breath.	6469

(i) It operates reliably over the range of automobile	6470
environments.	6471

(j) It is made by a manufacturer who is covered by product	6472
liability insurance.	6473

(3) The director of public safety may adopt, in whole or in	6474
part, the guidelines, rules, regulations, studies, or independent	6475
laboratory tests performed and relied upon by other states, or	6476
their agencies or commissions, in the certification or approval of	6477
immobilizing or disabling devices.	6478

(4) The director of public safety shall adopt rules in	6479
accordance with Chapter 119. of the Revised Code for the design of	6480
a warning label that shall be affixed to each immobilizing or	6481
disabling device upon installation. The label shall contain a	6482
warning that any person tampering, circumventing, or otherwise	6483
misusing the device is subject to a fine, imprisonment, or both	6484
and may be subject to civil liability.	6485

(B) A court considering the use of a prototype device in a	6486
pilot program shall advise the director of public safety, thirty	6487
days before the use, of the prototype device and its protocol,	6488
methodology, manufacturer, and licensor, lessor, other agent, or	6489
owner, and the length of the court's pilot program. A prototype	6490
device shall not be used for a violation of section 4510.14 or	6491
4511.19 of the Revised Code, a violation of a municipal OVI	6492
ordinance, or in relation to a suspension imposed under section	6493
4511.191 of the Revised Code. A court that uses a prototype device	6494
in a pilot program, periodically during the existence of the	6495
program and within fourteen days after termination of the program,	6496
shall report in writing to the director of public safety regarding	6497
the effectiveness of the prototype device and the program.	6498

(C) If a person has been granted limited driving privileges	6499
with a condition of the privileges being that the motor vehicle	6500
that is operated under the privileges must be equipped with an	6501
immobilizing or disabling device, ~~all of the following apply:~~	6502

~~(1) If~~the person may operate a motor vehicle ~~to be driven~~	6503
~~under the limited driving privileges~~that is owned by the person's	6504
employer ~~and~~only if the person is required to operate that motor	6505
vehicle in the course and scope of the offender's employment~~, the~~.	6506
Such a person may operate that vehicle without the installation of	6507
an immobilizing or disabling device, provided that the employer	6508
has been notified that the person has limited driving privileges	6509
and of the nature of the restriction and further provided that the	6510
person has proof of the employer's notification in the person's	6511
possession while operating the employer's vehicle for normal	6512
business duties. A motor vehicle owned by a business that is	6513
partly or entirely owned or controlled by a person with limited	6514
driving privileges is not a motor vehicle owned by an employer,	6515
for purposes of this division.	6516

~~(2) If the motor vehicle to be driven under the limited~~	6517
~~driving privileges is registered in a state other than this state,~~	6518
~~instead of installing on that vehicle an immobilizing or disabling~~	6519
~~device, the person with the limited driving privileges shall~~	6520
~~display on the vehicle a decal, as prescribed by the registrar of~~	6521
~~motor vehicles, that states that the vehicle is subject to limited~~	6522
~~driving privileges in this state and that describes the~~	6523
~~restriction. The decal shall be displayed on the bottom left~~	6524
~~corner of the back window of the vehicle or, if there is no back~~	6525
~~window, on the bottom left corner of the windshield of the~~	6526
~~vehicle.~~	6527

Sec. 4511.01. As used in this chapter and in Chapter 4513.	6528
of the Revised Code:	6529

(A) "Vehicle" means every device, including a motorized	6530
bicycle, in, upon, or by which any person or property may be	6531
transported or drawn upon a highway, except that "vehicle" does	6532
not include any motorized wheelchair, any electric personal	6533
assistive mobility ~~devices~~device, any device that is moved by	6534
power collected from overhead electric trolley wires or that is	6535
used exclusively upon stationary rails or tracks, or any device,	6536
other than a bicycle, that is moved by human power.	6537

(B) "Motor vehicle" means every vehicle propelled or drawn by	6538
power other than muscular power or power collected from overhead	6539
electric trolley wires, except motorized bicycles, road rollers,	6540
traction engines, power shovels, power cranes, and other equipment	6541
used in construction work and not designed for or employed in	6542
general highway transportation, hole-digging machinery,	6543
well-drilling machinery, ditch-digging machinery, farm machinery,	6544
trailers used to transport agricultural produce or agricultural	6545
production materials between a local place of storage or supply	6546
and the farm when drawn or towed on a street or highway at a speed	6547
of twenty-five miles per hour or less, threshing machinery,	6548
hay-baling machinery, agricultural tractors and machinery used in	6549
the production of horticultural, floricultural, agricultural, and	6550
vegetable products, and trailers designed and used exclusively to	6551
transport a boat between a place of storage and a marina, or in	6552
and around a marina, when drawn or towed on a street or highway	6553
for a distance of no more than ten miles and at a speed of	6554
twenty-five miles per hour or less.	6555

(C) "Motorcycle" means every motor vehicle, other than a	6556
tractor, having a saddle for the use of the operator and designed	6557
to travel on not more than three wheels in contact with the	6558
ground, including, but not limited to, motor vehicles known as	6559
"motor-driven cycle," "motor scooter," or "motorcycle" without	6560
regard to weight or brake horsepower.	6561

(D) "Emergency vehicle" means emergency vehicles of	6562
municipal, township, or county departments or public utility	6563
corporations when identified as such as required by law, the	6564
director of public safety, or local authorities, and motor	6565
vehicles when commandeered by a police officer.	6566

(E) "Public safety vehicle" means any of the following:

6567

(1) Ambulances, including private ambulance companies under	6568
contract to a municipal corporation, township, or county, and	6569
private ambulances and nontransport vehicles bearing license	6570
plates issued under section 4503.49 of the Revised Code;	6571

(2) Motor vehicles used by public law enforcement officers or	6572
other persons sworn to enforce the criminal and traffic laws of	6573
the state;	6574

(3) Any motor vehicle when properly identified as required by	6575
the director of public safety, when used in response to fire	6576
emergency calls or to provide emergency medical service to ill or	6577
injured persons, and when operated by a duly qualified person who	6578
is a member of a volunteer rescue service or a volunteer fire	6579
department, and who is on duty pursuant to the rules or directives	6580
of that service. The state fire marshal shall be designated by the	6581
director of public safety as the certifying agency for all public	6582
safety vehicles described in division (E)(3) of this section.	6583

(4) Vehicles used by fire departments, including motor	6584
vehicles when used by volunteer fire fighters responding to	6585
emergency calls in the fire department service when identified as	6586
required by the director of public safety.	6587

Any vehicle used to transport or provide emergency medical	6588
service to an ill or injured person, when certified as a public	6589
safety vehicle, shall be considered a public safety vehicle when	6590
transporting an ill or injured person to a hospital regardless of	6591
whether such vehicle has already passed a hospital.	6592

(5) Vehicles used by the ~~commercial~~ motor ~~vehicle safety~~	6593
carrier enforcement unit for the enforcement of orders and rules	6594
of the public utilities commission as specified in section 5503.34	6595
of the Revised Code.	6596

(F) "School bus" means every bus designed for carrying more	6597
than nine passengers that is owned by a public, private, or	6598
governmental agency or institution of learning and operated for	6599
the transportation of children to or from a school session or a	6600
school function, or owned by a private person and operated for	6601
compensation for the transportation of children to or from a	6602
school session or a school function, provided "school bus" does	6603
not include a bus operated by a municipally owned transportation	6604
system, a mass transit company operating exclusively within the	6605
territorial limits of a municipal corporation, or within such	6606
limits and the territorial limits of municipal corporations	6607
immediately contiguous to such municipal corporation, nor a common	6608
passenger carrier certified by the public utilities commission	6609
unless such bus is devoted exclusively to the transportation of	6610
children to and from a school session or a school function, and	6611
"school bus" does not include a van or bus used by a licensed	6612
child day-care center or type A family day-care home to transport	6613
children from the child day-care center or type A family day-care	6614
home to a school if the van or bus does not have more than fifteen	6615
children in the van or bus at any time.	6616

(G) "Bicycle" means every device, other than a tricycle	6617
designed solely for use as a play vehicle by a child, propelled	6618
solely by human power upon which any person may ride having either	6619
two tandem wheels, or one wheel in the front and two wheels in the	6620
rear, any of which is more than fourteen inches in diameter.	6621

(H) "Motorized bicycle" means any vehicle having either two	6622
tandem wheels or one wheel in the front and two wheels in the	6623
rear, that is capable of being pedaled and is equipped with a	6624
helper motor of not more than fifty cubic centimeters piston	6625
displacement that produces no more than one brake horsepower and	6626
is capable of propelling the vehicle at a speed of no greater than	6627
twenty miles per hour on a level surface.	6628

(I) "Commercial tractor" means every motor vehicle having	6629
motive power designed or used for drawing other vehicles and not	6630
so constructed as to carry any load thereon, or designed or used	6631
for drawing other vehicles while carrying a portion of such other	6632
vehicles, or load thereon, or both.	6633

(J) "Agricultural tractor" means every self-propelling	6634
vehicle designed or used for drawing other vehicles or wheeled	6635
machinery but having no provision for carrying loads independently	6636
of such other vehicles, and used principally for agricultural	6637
purposes.	6638

(K) "Truck" means every motor vehicle, except trailers and	6639
semitrailers, designed and used to carry property.	6640

(L) "Bus" means every motor vehicle designed for carrying	6641
more than nine passengers and used for the transportation of	6642
persons other than in a ridesharing arrangement, and every motor	6643
vehicle, automobile for hire, or funeral car, other than a taxicab	6644
or motor vehicle used in a ridesharing arrangement, designed and	6645
used for the transportation of persons for compensation.	6646

(M) "Trailer" means every vehicle designed or used for	6647
carrying persons or property wholly on its own structure and for	6648
being drawn by a motor vehicle, including any such vehicle when	6649
formed by or operated as a combination of a "semitrailer" and a	6650
vehicle of the dolly type, such as that commonly known as a	6651
"trailer dolly," a vehicle used to transport agricultural produce	6652
or agricultural production materials between a local place of	6653
storage or supply and the farm when drawn or towed on a street or	6654
highway at a speed greater than twenty-five miles per hour, and a	6655
vehicle designed and used exclusively to transport a boat between	6656
a place of storage and a marina, or in and around a marina, when	6657
drawn or towed on a street or highway for a distance of more than	6658
ten miles or at a speed of more than twenty-five miles per hour.	6659

(N) "Semitrailer" means every vehicle designed or used for	6660
carrying persons or property with another and separate motor	6661
vehicle so that in operation a part of its own weight or that of	6662
its load, or both, rests upon and is carried by another vehicle.	6663

(O) "Pole trailer" means every trailer or semitrailer	6664
attached to the towing vehicle by means of a reach, pole, or by	6665
being boomed or otherwise secured to the towing vehicle, and	6666
ordinarily used for transporting long or irregular shaped loads	6667
such as poles, pipes, or structural members capable, generally, of	6668
sustaining themselves as beams between the supporting connections.	6669

(P) "Railroad" means a carrier of persons or property	6670
operating upon rails placed principally on a private right-of-way.	6671

(Q) "Railroad train" means a steam engine or an electric or	6672
other motor, with or without cars coupled thereto, operated by a	6673
railroad.	6674

(R) "Streetcar" means a car, other than a railroad train, for	6675
transporting persons or property, operated upon rails principally	6676
within a street or highway.	6677

(S) "Trackless trolley" means every car that collects its	6678
power from overhead electric trolley wires and that is not	6679
operated upon rails or tracks.	6680

(T) "Explosives" means any chemical compound or mechanical	6681
mixture that is intended for the purpose of producing an explosion	6682
that contains any oxidizing and combustible units or other	6683
ingredients in such proportions, quantities, or packing that an	6684
ignition by fire, by friction, by concussion, by percussion, or by	6685
a detonator of any part of the compound or mixture may cause such	6686
a sudden generation of highly heated gases that the resultant	6687
gaseous pressures are capable of producing destructive effects on	6688
contiguous objects, or of destroying life or limb. Manufactured	6689
articles shall not be held to be explosives when the individual	6690
units contain explosives in such limited quantities, of such	6691
nature, or in such packing, that it is impossible to procure a	6692
simultaneous or a destructive explosion of such units, to the	6693
injury of life, limb, or property by fire, by friction, by	6694
concussion, by percussion, or by a detonator, such as fixed	6695
ammunition for small arms, firecrackers, or safety fuse matches.	6696

(U) "Flammable liquid" means any liquid that has a flash	6697
point of seventy degrees Fahrenheit, or less, as determined by a	6698
tagliabue or equivalent closed cup test device.	6699

(V) "Gross weight" means the weight of a vehicle plus the	6700
weight of any load thereon.	6701

(W) "Person" means every natural person, firm,	6702
co-partnership, association, or corporation.	6703

(X) "Pedestrian" means any natural person afoot.

6704

(Y) "Driver or operator" means every person who drives or is	6705
in actual physical control of a vehicle, trackless trolley, or	6706
streetcar.	6707

(Z) "Police officer" means every officer authorized to direct	6708
or regulate traffic, or to make arrests for violations of traffic	6709
regulations.	6710

(AA) "Local authorities" means every county, municipal, and	6711
other local board or body having authority to adopt police	6712
regulations under the constitution and laws of this state.	6713

(BB) "Street" or "highway" means the entire width between the	6714
boundary lines of every way open to the use of the public as a	6715
thoroughfare for purposes of vehicular travel.	6716

(CC) "Controlled-access highway" means every street or	6717
highway in respect to which owners or occupants of abutting lands	6718
and other persons have no legal right of access to or from the	6719
same except at such points only and in such manner as may be	6720
determined by the public authority having jurisdiction over such	6721
street or highway.	6722

(DD) "Private road or driveway" means every way or place in	6723
private ownership used for vehicular travel by the owner and those	6724
having express or implied permission from the owner but not by	6725
other persons.	6726

(EE) "Roadway" means that portion of a highway improved,	6727
designed, or ordinarily used for vehicular travel, except the berm	6728
or shoulder. If a highway includes two or more separate roadways	6729
the term "roadway" means any such roadway separately but not all	6730
such roadways collectively.	6731

(FF) "Sidewalk" means that portion of a street between the	6732
curb lines, or the lateral lines of a roadway, and the adjacent	6733
property lines, intended for the use of pedestrians.	6734

(GG) "Laned highway" means a highway the roadway of which is	6735
divided into two or more clearly marked lanes for vehicular	6736
traffic.	6737

(HH) "Through highway" means every street or highway as	6738
provided in section 4511.65 of the Revised Code.	6739

(II) "State highway" means a highway under the jurisdiction	6740
of the department of transportation, outside the limits of	6741
municipal corporations, provided that the authority conferred upon	6742
the director of transportation in section 5511.01 of the Revised	6743
Code to erect state highway route markers and signs directing	6744
traffic shall not be modified by sections 4511.01 to 4511.79 and	6745
4511.99 of the Revised Code.	6746

(JJ) "State route" means every highway that is designated	6747
with an official state route number and so marked.	6748

(KK) "Intersection" means:

6749

(1) The area embraced within the prolongation or connection	6750
of the lateral curb lines, or, if none, then the lateral boundary	6751
lines of the roadways of two highways which join one another at,	6752
or approximately at, right angles, or the area within which	6753
vehicles traveling upon different highways joining at any other	6754
angle may come in conflict.	6755

(2) Where a highway includes two roadways thirty feet or more	6756
apart, then every crossing of each roadway of such divided highway	6757
by an intersecting highway shall be regarded as a separate	6758
intersection. If an intersecting highway also includes two	6759
roadways thirty feet or more apart, then every crossing of two	6760
roadways of such highways shall be regarded as a separate	6761
intersection.	6762

(3) The junction of an alley with a street or highway, or	6763
with another alley, shall not constitute an intersection.	6764

(LL) "Crosswalk" means:

6765

(1) That part of a roadway at intersections ordinarily	6766
included within the real or projected prolongation of property	6767
lines and curb lines or, in the absence of curbs, the edges of the	6768
traversable roadway;	6769

(2) Any portion of a roadway at an intersection or elsewhere,	6770
distinctly indicated for pedestrian crossing by lines or other	6771
markings on the surface;	6772

(3) Notwithstanding divisions (LL)(1) and (2) of this	6773
section, there shall not be a crosswalk where local authorities	6774
have placed signs indicating no crossing.	6775

(MM) "Safety zone" means the area or space officially set	6776
apart within a roadway for the exclusive use of pedestrians and	6777
protected or marked or indicated by adequate signs as to be	6778
plainly visible at all times.	6779

(NN) "Business district" means the territory fronting upon a	6780
street or highway, including the street or highway, between	6781
successive intersections within municipal corporations where fifty	6782
per cent or more of the frontage between such successive	6783
intersections is occupied by buildings in use for business, or	6784
within or outside municipal corporations where fifty per cent or	6785
more of the frontage for a distance of three hundred feet or more	6786
is occupied by buildings in use for business, and the character of	6787
such territory is indicated by official traffic control devices.	6788

(OO) "Residence district" means the territory, not comprising	6789
a business district, fronting on a street or highway, including	6790
the street or highway, where, for a distance of three hundred feet	6791
or more, the frontage is improved with residences or residences	6792
and buildings in use for business.	6793

(PP) "Urban district" means the territory contiguous to and	6794
including any street or highway which is built up with structures	6795
devoted to business, industry, or dwelling houses situated at	6796
intervals of less than one hundred feet for a distance of a	6797
quarter of a mile or more, and the character of such territory is	6798
indicated by official traffic control devices.	6799

(QQ) "Traffic control devices" means all flaggers, signs,	6800
signals, markings, and devices placed or erected by authority of a	6801
public body or official having jurisdiction, for the purpose of	6802
regulating, warning, or guiding traffic, including signs denoting	6803
names of streets and highways.	6804

(RR) "Traffic control signal" means any device, whether	6805
manually, electrically, or mechanically operated, by which traffic	6806
is alternately directed to stop, to proceed, to change direction,	6807
or not to change direction.	6808

(SS) "Railroad sign or signal" means any sign, signal, or	6809
device erected by authority of a public body or official or by a	6810
railroad and intended to give notice of the presence of railroad	6811
tracks or the approach of a railroad train.	6812

(TT) "Traffic" means pedestrians, ridden or herded animals,	6813
vehicles, streetcars, trackless trolleys, and other devices,	6814
either singly or together, while using any highway for purposes of	6815
travel.	6816

(UU) "Right-of-way" means either of the following, as the	6817
context requires:	6818

(1) The right of a vehicle, streetcar, trackless trolley, or	6819
pedestrian to proceed uninterruptedly in a lawful manner in the	6820
direction in which it or the individual is moving in preference to	6821
another vehicle, streetcar, trackless trolley, or pedestrian	6822
approaching from a different direction into its or the	6823
individual's path;	6824

(2) A general term denoting land, property, or the interest	6825
therein, usually in the configuration of a strip, acquired for or	6826
devoted to transportation purposes. When used in this context,	6827
right-of-way includes the roadway, shoulders or berm, ditch, and	6828
slopes extending to the right-of-way limits under the control of	6829
the state or local authority.	6830

(VV) "Rural mail delivery vehicle" means every vehicle used	6831
to deliver United States mail on a rural mail delivery route.	6832

(WW) "Funeral escort vehicle" means any motor vehicle,	6833
including a funeral hearse, while used to facilitate the movement	6834
of a funeral procession.	6835

(XX) "Alley" means a street or highway intended to provide	6836
access to the rear or side of lots or buildings in urban districts	6837
and not intended for the purpose of through vehicular traffic, and	6838
includes any street or highway that has been declared an "alley"	6839
by the legislative authority of the municipal corporation in which	6840
such street or highway is located.	6841

(YY) "Freeway" means a divided multi-lane highway for through	6842
traffic with all crossroads separated in grade and with full	6843
control of access.	6844

(ZZ) "Expressway" means a divided arterial highway for	6845
through traffic with full or partial control of access with an	6846
excess of fifty per cent of all crossroads separated in grade.	6847

(AAA) "Thruway" means a through highway whose entire roadway	6848
is reserved for through traffic and on which roadway parking is	6849
prohibited.	6850

(BBB) "Stop intersection" means any intersection at one or	6851
more entrances of which stop signs are erected.	6852

(CCC) "Arterial street" means any United States or state	6853
numbered route, controlled access highway, or other major radial	6854
or circumferential street or highway designated by local	6855
authorities within their respective jurisdictions as part of a	6856
major arterial system of streets or highways.	6857

(DDD) "Ridesharing arrangement" means the transportation of	6858
persons in a motor vehicle where such transportation is incidental	6859
to another purpose of a volunteer driver and includes ridesharing	6860
arrangements known as carpools, vanpools, and buspools.	6861

(EEE) "Motorized wheelchair" means any self-propelled vehicle	6862
designed for, and used by, a handicapped person and that is	6863
incapable of a speed in excess of eight miles per hour.	6864

(FFF) "Child day-care center" and "type A family day-care	6865
home" have the same meanings as in section 5104.01 of the Revised	6866
Code.	6867

(GGG) "Multi-wheel agricultural tractor" means a type of	6868
agricultural tractor that has two or more wheels or tires on each	6869
side of one axle at the rear of the tractor, is designed or used	6870
for drawing other vehicles or wheeled machinery, has no provision	6871
for carrying loads independently of the drawn vehicles or	6872
machinery, and is used principally for agricultural purposes.	6873

(HHH) "Operate" means to cause or have caused movement of a	6874
vehicle, streetcar, or trackless trolley on any public or private	6875
property used by the public for purposes of vehicular travel or	6876
parking.	6877

(III) "Predicate motor vehicle or traffic offense" means any	6878
of the following:	6879

(1) A violation of section 4511.03, 4511.051, 4511.12,	6880
4511.132, 4511.16, 4511.20, 4511.201, 4511.21, 4511.211, 4511.213,	6881
4511.22, 4511.23, 4511.25, 4511.26, 4511.27, 4511.28, 4511.29,	6882
4511.30, 4511.31, 4511.32, 4511.33, 4511.34, 4511.35, 4511.36,	6883
4511.37, 4511.38, 4511.39, 4511.40, 4511.41, 4511.42, 4511.43,	6884
4511.431, 4511.432, 4511.44, 4511.441, 4511.451, 4511.452,	6885
4511.46, 4511.47, 4511.48, 4511.481, 4511.49, 4511.50, 4511.511,	6886
4511.53, 4511.54, 4511.55, 4511.56, 4511.57, 4511.58, 4511.59,	6887
4511.60, 4511.61, 4511.64, 4511.66, 4511.661, 4511.68, 4511.70,	6888
4511.701, 4511.71, 4511.711, 4511.712, 4511.713, 4511.72, 4511.73,	6889
4511.763, 4511.771, 4511.78, or 4511.84 of the Revised Code;	6890

(2) A violation of division (A)(2) of section 4511.17,	6891
divisions (A) to (D) of section 4511.51, or division (A) of	6892
section 4511.74 of the Revised Code;	6893

(3) A violation of any provision of sections 4511.01 to	6894
4511.76 of the Revised Code for which no penalty otherwise is	6895
provided in the section that contains the provision violated;	6896

(4) A violation of a municipal ordinance that is	6897
substantially similar to any section or provision set forth or	6898
described in division (III)(1), (2), or (3) of this section.	6899

Sec. 4511.121. (A)(1) Except as provided in division (B) of	6900
this section, any operator of a commercial motor vehicle, upon	6901
approaching a scale location established for the purpose of	6902
determining the weight of the vehicle and its load, shall comply	6903
with any traffic control device or the order of a peace officer	6904
directing the vehicle to proceed to be weighed or otherwise	6905
inspected.	6906

(2) Any operator of a commercial motor vehicle, upon	6907
bypassing a scale location in accordance with division (B) of this	6908
section, shall comply with an order of a peace officer to stop the	6909
vehicle to verify the use and operation of an electronic clearance	6910
device.	6911

(B) Any operator of a commercial motor vehicle that is	6912
equipped with an electronic clearance device authorized by the	6913
superintendent of the state highway patrol under section 4549.081	6914
of the Revised Code may bypass a scale location, regardless of the	6915
instruction of a traffic control device to enter the scale	6916
facility, if either of the following apply:	6917

(1) The in-cab transponder displays a green light or other	6918
affirmative visual signal and also sounds an affirmative audible	6919
signal;	6920

(2) Any other criterion established by the superintendent by	6921
rule is met.	6922

(C) Any peace officer may order the operator of a commercial	6923
motor vehicle that bypasses a scale location to stop the vehicle	6924
to verify the use and operation of an electronic clearance device.	6925

(D) Whoever violates division (A) of this section is guilty	6926
of a minor misdemeanor. If, within one year of the offense, the	6927
offender previously has been convicted of or pleaded guilty to a	6928
violation of division (A) of this section, whoever violates that	6929
division is guilty of a misdemeanor of the fourth degree. If,	6930
within one year of the offense, the offender previously has been	6931
convicted of or pleaded guilty to two or more violations of	6932
division (A) of this section, whoever violates division (A) is	6933
guilty of a misdemeanor of the third degree.	6934

(E) As used in this section and in section 4549.081 of the	6935
Revised Code, "commercial motor vehicle" means any combination of	6936
vehicles with a gross vehicle weight rating or an actual gross	6937
vehicle weight of more than ten thousand pounds if the vehicle is	6938
used in interstate or intrastate commerce to transport property	6939
and also means any vehicle that is transporting hazardous	6940
materials for which placarding is required pursuant to 49 C.F.R.	6941
Parts 100 to 180.	6942

Sec. 4513.61. The sheriff of a county or chief of police of	6943
a municipal corporation, township, or township police district,	6944
within the sheriff's or chief's respective territorial	6945
jurisdiction, or a state highway patrol trooper, upon notification	6946
to the sheriff or chief of police of such action and of the	6947
location of the place of storage, may order into storage any motor	6948
vehicle, including an abandoned junk motor vehicle as defined in	6949
section 4513.63 of the Revised Code, that has come into the	6950
possession of the sheriff, chief of police, or state highway	6951
patrol trooper as a result of the performance of the sheriff's,	6952
chief's, or trooper's duties or that has been left on a public	6953
street or other property open to the public for purposes of	6954
vehicular travel, or upon or within the right-of-way of any road	6955
or highway, for forty-eight hours or longer without notification	6956
to the sheriff or chief of police of the reasons for leaving the	6957
motor vehicle in such place, except that when such a motor vehicle	6958
constitutes an obstruction to traffic it may be ordered into	6959
storage immediately. The sheriff or chief of police shall	6960
designate the place of storage of any motor vehicle so ordered	6961
removed.	6962

The sheriff or chief of police immediately shall cause a	6963
search to be made of the records of the bureau of motor vehicles	6964
to ascertain the owner and any lienholder of a motor vehicle	6965
ordered into storage by the sheriff or chief of police, or by a	6966
state highway patrol trooper, and, if known, shall send or cause	6967
to be sent notice to the owner or lienholder at the owner's or	6968
lienholder's last known address by certified mail with return	6969
receipt requested, that the motor vehicle will be declared a	6970
nuisance and disposed of if not claimed within ten days of the	6971
date of mailing of the notice. The owner or lienholder of the	6972
motor vehicle may reclaim it upon payment of any expenses or	6973
charges incurred in its removal and storage, and presentation of	6974
proof of ownership, which may be evidenced by a certificate of	6975
title or memorandum certificate of title to the motor vehicle. If	6976
the owner or lienholder of the motor vehicle reclaims it after a	6977
search of the records of the bureau has been conducted and after	6978
notice has been sent to the owner or lienholder as described in	6979
this section, and the search was conducted by the owner of the	6980
place of storage or the owner's employee, and the notice was sent	6981
to the motor vehicle owner by the owner of the place of storage or	6982
the owner's employee, the owner or lienholder shall pay to the	6983
place of storage a processing fee of twenty-five dollars, in	6984
addition to any expenses or charges incurred in the removal and	6985
storage of the vehicle.	6986

If the owner or lienholder makes no claim to the motor	6987
vehicle within ten days of the date of mailing of the notice, and	6988
if the vehicle is to be disposed of at public auction as provided	6989
in section 4513.62 of the Revised Code, the sheriff or chief of	6990
police shall file with the clerk of courts of the county in which	6991
the place of storage is located an affidavit showing compliance	6992
with the requirements of this section. Upon presentation of the	6993
affidavit, the clerk, without charge, shall issue a salvage	6994
certificate of title, free and clear of all liens and	6995
encumbrances, to the sheriff or chief of police. If the vehicle is	6996
to be disposed of to a motor vehicle salvage dealer or other	6997
facility as provided in section 4513.62 of the Revised Code, the	6998
sheriff or chief of police shall execute in triplicate an	6999
affidavit, as prescribed by the registrar of motor vehicles,	7000
describing the motor vehicle and the manner in which it was	7001
disposed of, and that all requirements of this section have been	7002
complied with. The sheriff or chief of police shall retain the	7003
original of the affidavit for the sheriff's or chief's records,	7004
and shall furnish two copies to the motor vehicle salvage dealer	7005
or other facility. Upon presentation of a copy of the affidavit by	7006
the motor vehicle salvage dealer, the clerk of courts, within	7007
thirty days of the presentation, shall issue to such owner a	7008
salvage certificate of title, free and clear of all liens and	7009
encumbrances.	7010

Whenever a motor vehicle salvage dealer or other facility	7011
receives an affidavit for the disposal of a motor vehicle as	7012
provided in this section, the dealer or facility shall not be	7013
required to obtain an Ohio certificate of title to the motor	7014
vehicle in the dealer's or facility's own name if the vehicle is	7015
dismantled or destroyed and both copies of the affidavit are	7016
delivered to the clerk of courts.	7017

Sec. 4513.63. "Abandoned junk motor vehicle" means any motor	7018
vehicle meeting all of the following requirements:	7019

(A) Left on private property for forty-eight hours or longer	7020
without the permission of the person having the right to the	7021
possession of the property, on a public street or other property	7022
open to the public for purposes of vehicular travel or parking, or	7023
upon or within the right-of-way of any road or highway, for	7024
forty-eight hours or longer;	7025

(B) Three years old, or older;

7026

(C) Extensively damaged, such damage including but not	7027
limited to any of the following: missing wheels, tires, motor, or	7028
transmission;	7029

(D) Apparently inoperable;

7030

(E) Having a fair market value of one thousand five hundred	7031
dollars or less.	7032

The sheriff of a county or chief of police of a municipal	7033
corporation, township, or township police district, within the	7034
sheriff's or chief's respective territorial jurisdiction, or a	7035
state highway patrol trooper, upon notification to the sheriff or	7036
chief of police of such action, shall order any abandoned junk	7037
motor vehicle to be photographed by a law enforcement officer. The	7038
officer shall record the make of motor vehicle, the serial number	7039
when available, and shall also detail the damage or missing	7040
equipment to substantiate the value of one thousand five hundred	7041
dollars or less. The sheriff or chief of police shall thereupon	7042
immediately dispose of the abandoned junk motor vehicle to a motor	7043
vehicle salvage dealer as defined in section 4738.01 of the	7044
Revised Code or a scrap metal processing facility as defined in	7045
section 4737.05 of the Revised Code which is under contract to the	7046
county, township, or municipal corporation, or to any other	7047
facility owned by or under contract with the county, township, or	7048
municipal corporation for the destruction of such motor vehicles.	7049
The records and photograph relating to the abandoned junk motor	7050
vehicle shall be retained by the law enforcement agency ordering	7051
the disposition of such vehicle for a period of at least two	7052
years. The law enforcement agency shall execute in quadruplicate	7053
an affidavit, as prescribed by the registrar of motor vehicles,	7054
describing the motor vehicle and the manner in which it was	7055
disposed of, and that all requirements of this section have been	7056
complied with, and, within thirty days of disposing of the	7057
vehicle, shall sign and file the ~~same~~affidavit with the clerk of	7058
courts of the county in which the motor vehicle was abandoned. The	7059
clerk of courts shall retain the original of the affidavit for the	7060
clerk's files, shall furnish one copy thereof to the registrar,	7061
one copy to the motor vehicle salvage dealer or other facility	7062
handling the disposal of the vehicle, and one copy to the law	7063
enforcement agency ordering the disposal, who shall file such copy	7064
with the records and photograph relating to the disposal. Any	7065
moneys arising from the disposal of an abandoned junk motor	7066
vehicle shall be deposited in the general fund of the county,	7067
township, or the municipal corporation, as the case may be.	7068

Notwithstanding section 4513.61 of the Revised Code, any	7069
motor vehicle meeting the requirements of divisions (C), (D), and	7070
(E) of this section which has remained unclaimed by the owner or	7071
lienholder for a period of ten days or longer following	7072
notification as provided in section 4513.61 of the Revised Code	7073
may be disposed of as provided in this section.	7074

Sec. 4517.01. As used in sections 4517.01 to 4517.65 of the	7075
Revised Code:	7076

(A) "Persons" includes individuals, firms, partnerships,	7077
associations, joint stock companies, corporations, and any	7078
combinations of individuals.	7079

(B) "Motor vehicle" means motor vehicle as defined in section	7080
4501.01 of the Revised Code and also includes "all-purpose	7081
vehicle" and "off-highway motorcycle" as those terms are defined	7082
in section 4519.01 of the Revised Code and manufactured and mobile	7083
homes.	7084

(C) "New motor vehicle" means a motor vehicle, the legal	7085
title to which has never been transferred by a manufacturer,	7086
remanufacturer, distributor, or dealer to an ultimate purchaser.	7087

(D) "Ultimate purchaser" means, with respect to any new motor	7088
vehicle, the first person, other than a dealer purchasing in the	7089
capacity of a dealer, who in good faith purchases such new motor	7090
vehicle for purposes other than resale.	7091

(E) "Business" includes any activities engaged in by any	7092
person for the object of gain, benefit, or advantage either direct	7093
or indirect.	7094

(F) "Engaging in business" means commencing, conducting, or	7095
continuing in business, or liquidating a business when the	7096
liquidator thereof holds self out to be conducting such business;	7097
making a casual sale or otherwise making transfers in the ordinary	7098
course of business when the transfers are made in connection with	7099
the disposition of all or substantially all of the transferor's	7100
assets is not engaging in business.	7101

(G) "Retail sale" or "sale at retail" means the act or	7102
attempted act of selling, bartering, exchanging, or otherwise	7103
disposing of a motor vehicle to an ultimate purchaser for use as a	7104
consumer.	7105

(H) "Retail installment contract" includes any contract in	7106
the form of a note, chattel mortgage, conditional sales contract,	7107
lease, agreement, or other instrument payable in one or more	7108
installments over a period of time and arising out of the retail	7109
sale of a motor vehicle.	7110

(I) "Farm machinery" means all machines and tools used in the	7111
production, harvesting, and care of farm products.	7112

(J) "Dealer" or "motor vehicle dealer" means any new motor	7113
vehicle dealer, any motor vehicle leasing dealer, and any used	7114
motor vehicle dealer.	7115

(K) "New motor vehicle dealer" means any person engaged in	7116
the business of selling at retail, displaying, offering for sale,	7117
or dealing in new motor vehicles pursuant to a contract or	7118
agreement entered into with the manufacturer, remanufacturer, or	7119
distributor of the motor vehicles.	7120

(L) "Used motor vehicle dealer" means any person engaged in	7121
the business of selling, displaying, offering for sale, or dealing	7122
in used motor vehicles, at retail or wholesale, but does not mean	7123
any new motor vehicle dealer selling, displaying, offering for	7124
sale, or dealing in used motor vehicles incidentally to engaging	7125
in the business of selling, displaying, offering for sale, or	7126
dealing in new motor vehicles, any person engaged in the business	7127
of dismantling, salvaging, or rebuilding motor vehicles by means	7128
of using used parts, or any public officer performing official	7129
duties.	7130

(M) "Motor vehicle leasing dealer" means any person engaged	7131
in the business of regularly making available, offering to make	7132
available, or arranging for another person to use a motor vehicle	7133
pursuant to a bailment, lease, sublease, or other contractual	7134
arrangement under which a charge is made for its use at a periodic	7135
rate for a term of thirty days or more, and title to the motor	7136
vehicle is in and remains in the motor vehicle leasing dealer who	7137
originally leases it, irrespective of whether or not the motor	7138
vehicle is the subject of a later sublease, and not in the user,	7139
but does not mean a manufacturer or its affiliate leasing to its	7140
employees or to dealers.	7141

(N) "Salesperson" means any person employed by a dealer or	7142
manufactured home broker to sell, display, and offer for sale, or	7143
deal in motor vehicles for a commission, compensation, or other	7144
valuable consideration, but does not mean any public officer	7145
performing official duties.	7146

(O) "Casual sale" means any transfer of a motor vehicle by a	7147
person other than a new motor vehicle dealer, used motor vehicle	7148
dealer, motor vehicle salvage dealer, as defined in division (A)	7149
of section 4738.01 of the Revised Code, salesperson, motor vehicle	7150
auction owner, manufacturer, or distributor acting in the capacity	7151
of a dealer, salesperson, auction owner, manufacturer, or	7152
distributor, to a person who purchases the motor vehicle for use	7153
as a consumer.	7154

(P) "Motor vehicle show" means a display of current models of	7155
motor vehicles whereby the primary purpose is the exhibition of	7156
competitive makes and models in order to provide the general	7157
public the opportunity to review and inspect various makes and	7158
models of motor vehicles at a single location.	7159

(Q) "Motor vehicle auction owner" means any person who is	7160
engaged wholly or in part in the business of auctioning motor	7161
vehicles.	7162

(R) "Manufacturer" means a person who manufactures,	7163
assembles, or imports motor vehicles, including motor homes, but	7164
does not mean a person who only assembles or installs a body,	7165
special equipment unit, finishing trim, or accessories on a motor	7166
vehicle chassis supplied by a manufacturer or distributor.	7167

(S) "Tent-type fold-out camping trailer" means any vehicle	7168
intended to be used, when stationary, as a temporary shelter with	7169
living and sleeping facilities, and ~~which~~that is subject to the	7170
following properties and limitations:	7171

(1) A minimum of twenty-five per cent of the fold-out portion	7172
of the top and sidewalls combined must be constructed of canvas,	7173
vinyl, or other fabric, and form an integral part of the shelter.	7174

(2) When folded, the unit must not exceed:

7175

(a) Fifteen feet in length, exclusive of bumper and tongue;

7176

(b) Sixty inches in height from the point of contact with the	7177
ground;	7178

7179

(d) One ton gross weight at time of sale.

7180

(T) "Distributor" means any person authorized by a motor	7181
vehicle manufacturer to distribute new motor vehicles to licensed	7182
new motor vehicle dealers, but does not mean a person who only	7183
assembles or installs a body, special equipment unit, finishing	7184
trim, or accessories on a motor vehicle chassis supplied by a	7185
manufacturer or distributor.	7186

(U) "Flea market" means a market place, other than a dealer's	7187
location licensed under this chapter, where a space or location is	7188
provided for a fee or compensation to a seller to exhibit and	7189
offer for sale or trade, motor vehicles to the general public.	7190

(V) "Franchise" means any written agreement, contract, or	7191
understanding between any motor vehicle manufacturer or	7192
remanufacturer engaged in commerce and any motor vehicle dealer,	7193
~~which~~that purports to fix the legal rights and liabilities of the	7194
parties to such agreement, contract, or understanding.	7195

(W) "Franchisee" means a person who receives new motor	7196
vehicles from the franchisor under a franchise agreement and who	7197
offers, sells, and provides service for such new motor vehicles to	7198
the general public.	7199

(X) "Franchisor" means a new motor vehicle manufacturer,	7200
remanufacturer, or distributor who supplies new motor vehicles	7201
under a franchise agreement to a franchisee.	7202

(Y) "Dealer organization" means a state or local trade	7203
association the membership of which is comprised predominantly of	7204
new motor vehicle dealers.	7205

(Z) "Factory representative" means a representative employed	7206
by a manufacturer, remanufacturer, or by a factory branch	7207
primarily for the purpose of promoting the sale of its motor	7208
vehicles, parts, or accessories to dealers or for supervising or	7209
contacting its dealers or prospective dealers.	7210

(AA) "Administrative or executive management" means those	7211
individuals who are not subject to federal wage and hour laws.	7212

(BB) "Good faith" means honesty in the conduct or transaction	7213
concerned and the observance of reasonable commercial standards of	7214
fair dealing in the trade as is defined in division (S) of section	7215
1301.01 of the Revised Code, including, but not limited to, the	7216
duty to act in a fair and equitable manner so as to guarantee	7217
freedom from coercion, intimidation, or threats of coercion or	7218
intimidation; provided however, that recommendation, endorsement,	7219
exposition, persuasion, urging, or argument shall not be	7220
considered to constitute a lack of good faith.	7221

(CC) "Coerce" means to compel or attempt to compel by failing	7222
to act in good faith or by threat of economic harm, breach of	7223
contract, or other adverse consequences. Coerce does not mean to	7224
argue, urge, recommend, or persuade.	7225

(DD) "Relevant market area" means any area within a radius of	7226
ten miles from the site of a potential new dealership, except that	7227
for manufactured home or recreational vehicle dealerships the	7228
radius shall be twenty-five miles. The ten-mile radius shall be	7229
measured from the dealer's established place of business that is	7230
used exclusively for the purpose of selling, displaying, offering	7231
for sale, or dealing in motor vehicles.	7232

(EE) "Wholesale" or "at wholesale" means the act or attempted	7233
act of selling, bartering, exchanging, or otherwise disposing of a	7234
motor vehicle to a transferee for the purpose of resale and not	7235
for ultimate consumption by that transferee.	7236

(FF) "Motor vehicle wholesaler" means any person licensed as	7237
a dealer under the laws of another state and engaged in the	7238
business of selling, displaying, or offering for sale used motor	7239
vehicles, at wholesale, but does not mean any motor vehicle dealer	7240
as defined in this section.	7241

(GG)(1) "Remanufacturer" means a person who assembles or	7242
installs passenger seating, walls, a roof elevation, or a body	7243
extension on a conversion van with the motor vehicle chassis	7244
supplied by a manufacturer or distributor, a person who modifies a	7245
truck chassis supplied by a manufacturer or distributor for use as	7246
a public safety or public service vehicle, a person who modifies a	7247
motor vehicle chassis supplied by a manufacturer or distributor	7248
for use as a limousine or hearse, or a person who modifies an	7249
incomplete motor vehicle cab and chassis supplied by a new motor	7250
vehicle dealer or distributor for use as a tow truck, but does not	7251
mean either of the following:	7252

(a) A person who assembles or installs passenger seating,	7253
walls, a roof elevation, or a body extension on a manufactured	7254
home as defined in division (C)(4) of section 3781.06 of the	7255
Revised Code, a mobile home as defined in division (O) and	7256
referred to in division (B) of section 4501.01 of the Revised	7257
Code, or a recreational vehicle as defined in division (Q) and	7258
referred to in division (B) of section 4501.01 of the Revised	7259
Code;	7260

(b) A person who assembles or installs special equipment or	7261
accessories for handicapped persons, as defined in section 4503.44	7262
of the Revised Code, upon a motor vehicle chassis supplied by a	7263
manufacturer or distributor.	7264

(2) For the purposes of division (GG)(1) of this section,	7265
"public safety vehicle or public service vehicle" means a fire	7266
truck, ambulance, school bus, street sweeper, garbage packing	7267
truck, or cement mixer, or a mobile self-contained facility	7268
vehicle.	7269

(3) For the purposes of division (GG)(1) of this section,	7270
"limousine" means a motor vehicle, designed only for the purpose	7271
of carrying nine or fewer passengers, that a person modifies by	7272
cutting the original chassis, lengthening the wheelbase by forty	7273
inches or more, and reinforcing the chassis in such a way that all	7274
modifications comply with all applicable federal motor vehicle	7275
safety standards. No person shall qualify as or be deemed to be a	7276
remanufacturer who produces limousines unless the person has a	7277
written agreement with the manufacturer of the chassis the person	7278
utilizes to produce the limousines to complete properly the	7279
remanufacture of the chassis into limousines.	7280

(4) For the purposes of division (GG)(1) of this section,	7281
"hearse" means a motor vehicle, designed only for the purpose of	7282
transporting a single casket, that is equipped with a compartment	7283
designed specifically to carry a single casket that a person	7284
modifies by cutting the original chassis, lengthening the	7285
wheelbase by ten inches or more, and reinforcing the chassis in	7286
such a way that all modifications comply with all applicable	7287
federal motor vehicle safety standards. No person shall qualify as	7288
or be deemed to be a remanufacturer who produces hearses unless	7289
the person has a written agreement with the manufacturer of the	7290
chassis the person utilizes to produce the hearses to complete	7291
properly the remanufacture of the chassis into hearses.	7292

(5) For the purposes of division (GG)(1) of this section,	7293
"mobile self-contained facility vehicle" means a mobile classroom	7294
vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,	7295
testing laboratory, and mobile display vehicle, each of which is	7296
designed for purposes other than for passenger transportation and	7297
other than the transportation or displacement of cargo, freight,	7298
materials, or merchandise. A vehicle is remanufactured into a	7299
mobile self-contained facility vehicle in part by the addition of	7300
insulation to the body shell, and installation of all of the	7301
following: a generator, electrical wiring, plumbing, holding	7302
tanks, doors, windows, cabinets, shelving, and heating,	7303
ventilating, and air conditioning systems.	7304

(6) For the purposes of division (GG)(1) of this section,	7305
"tow truck" means both of the following:	7306

(a) An incomplete cab and chassis that are purchased by a	7307
remanufacturer from a new motor vehicle dealer or distributor of	7308
the cab and chassis and on which the remanufacturer then installs	7309
in a permanent manner a wrecker body it purchases from a	7310
manufacturer or distributor of wrecker bodies, installs an	7311
emergency flashing light pylon and emergency lights upon the mast	7312
of the wrecker body or rooftop, and installs such other related	7313
accessories and equipment, including push bumpers, front grille	7314
guards with pads and other custom-ordered items such as painting,	7315
special lettering, and safety striping so as to create a complete	7316
motor vehicle capable of lifting and towing another motor vehicle.	7317

(b) An incomplete cab and chassis that are purchased by a	7318
remanufacturer from a new motor vehicle dealer or distributor of	7319
the cab and chassis and on which the remanufacturer then installs	7320
in a permanent manner a car carrier body it purchases from a	7321
manufacturer or distributor of car carrier bodies, installs an	7322
emergency flashing light pylon and emergency lights upon the	7323
rooftop, and installs such other related accessories and	7324
equipment, including push bumpers, front grille guards with pads	7325
and other custom-ordered items such as painting, special	7326
lettering, and safety striping.	7327

As used in division ~~(G)~~(GG)(6)(b) of this section, "car	7328
carrier body" means a mechanical or hydraulic apparatus capable of	7329
lifting and holding a motor vehicle on a flat level surface so	7330
that one or more motor vehicles can be transported, once the car	7331
carrier is permanently installed upon an incomplete cab and	7332
chassis.	7333

(HH) "Operating as a new motor vehicle dealership" means	7334
engaging in activities such as displaying, offering for sale, and	7335
selling new motor vehicles at retail, operating a service facility	7336
to perform repairs and maintenance on motor vehicles, offering for	7337
sale and selling motor vehicle parts at retail, and conducting all	7338
other acts that are usual and customary to the operation of a new	7339
motor vehicle dealership. For the purposes of this chapter only,	7340
possession of either a valid new motor vehicle dealer franchise	7341
agreement or a new motor vehicle dealers license, or both of these	7342
items, is not evidence that a person is operating as a new motor	7343
vehicle dealership.	7344

(II) "Manufactured home broker" means any person acting as a	7345
selling agent on behalf of an owner of a manufactured or mobile	7346
home that is subject to taxation under section 4503.06 of the	7347
Revised Code.	7348

(JJ) "Outdoor power equipment" means garden and small utility	7349
tractors, walk-behind and riding mowers, chainsaws, and tillers.	7350

(KK) "Remote service facility" means premises that are	7351
separate from a licensed new motor vehicle dealer's sales facility	7352
by not more than one mile and that are used by the dealer to	7353
perform repairs, warranty work, recall work, and maintenance on	7354
motor vehicles pursuant to a franchise agreement entered into with	7355
a manufacturer of motor vehicles. A remote service facility shall	7356
be deemed to be part of the franchise agreement and is subject to	7357
all the rights, duties, obligations, and requirements of Chapter	7358
4517. of the Revised Code that relate to the performance of motor	7359
vehicle repairs, warranty work, recall work, and maintenance work	7360
by new motor vehicle dealers.	7361

Sec. 4517.03. (A) A place of business that is used for	7362
selling, displaying, offering for sale, or dealing in motor	7363
vehicles shall be considered as used exclusively for those	7364
purposes even though snowmobiles, farm machinery, outdoor power	7365
equipment, watercraft and related products, or products	7366
manufactured or distributed by a motor vehicle manufacturer with	7367
which the motor vehicle dealer has a franchise agreement are sold	7368
or displayed there, or if repair, accessory, gasoline and oil,	7369
storage, parts, service, or paint departments are maintained	7370
there, or such products or services are provided there, if the	7371
departments are operated or the products or services are provided	7372
for the business of selling, displaying, offering for sale, or	7373
dealing in motor vehicles. Places of business or departments in a	7374
place of business used to dismantle, salvage, or rebuild motor	7375
vehicles by means of using used parts, are not considered as being	7376
maintained for the purpose of assisting or furthering the selling,	7377
displaying, offering for sale, or dealing in motor vehicles. A	7378
place of business shall be considered as used exclusively for	7379
selling, displaying, offering for sale, or dealing in motor	7380
vehicles even though a business owned by a motor vehicle leasing	7381
dealer or a motor vehicle renting dealer is located at the place	7382
of business.	7383

(B)(1) No new motor vehicle dealer shall sell, display, offer	7384
for sale, or deal in motor vehicles at any place except an	7385
established place of business that is used exclusively for the	7386
purpose of selling, displaying, offering for sale, or dealing in	7387
motor vehicles. The place of business shall have space, under	7388
roof, for the display of at least one new motor vehicle ~~and~~. The	7389
established place of business or, if the dealer operates a remote	7390
service facility, the dealer's remote service facility shall have	7391
facilities and space ~~therewith~~ for the inspection, servicing, and	7392
repair of at least one motor vehicle~~; except that~~. However a new	7393
motor vehicle dealer selling manufactured or mobile homes is	7394
exempt from the requirement that a place of business have space,	7395
under roof, for the display of at least one new motor vehicle and	7396
facilities and space for the inspection, servicing, and repair of	7397
at least one motor vehicle.	7398

(2) A licensed new motor vehicle dealer may operate a remote	7399
service facility with the consent of the manufacturer and only to	7400
perform repairs, warranty work, recall work, and maintenance on	7401
motor vehicles as part of the dealer's franchised and licensed new	7402
motor vehicle dealership. The remote service facility shall be	7403
included on the new motor vehicle dealer's license and be deemed	7404
to be part of the dealer's licensed location.	7405

(3) No person shall use a remote service facility for	7406
selling, displaying, or offering for sale motor vehicles.	7407

(4) Nothing in Chapter 4517. of the Revised Code shall be	7408
construed as prohibiting the sale of a new or used manufactured or	7409
mobile home located in a manufactured home park by a licensed new	7410
or used motor vehicle dealer.	7411

(C) No used motor vehicle dealer shall sell, display, offer	7412
for sale, or deal in motor vehicles at any place except an	7413
established place of business that is used exclusively for the	7414
purpose of selling, displaying, offering for sale, or dealing in	7415
motor vehicles.	7416

(D) No motor vehicle leasing dealer shall make a motor	7417
vehicle available for use by another, in the manner described in	7418
division (M) of section 4517.01 of the Revised Code, at any place	7419
except an established place of business that is used for leasing	7420
motor vehicles; except that a motor vehicle leasing dealer who is	7421
also a new motor vehicle dealer or used motor vehicle dealer may	7422
lease motor vehicles at the same place of business at which the	7423
dealer sells, offers for sale, or deals in new or used motor	7424
vehicles.	7425

(E) No motor vehicle leasing dealer or motor vehicle renting	7426
dealer shall sell a motor vehicle within ninety days after a	7427
certificate of title to the motor vehicle is issued to the dealer,	7428
except when a salvage certificate of title is issued to replace	7429
the original certificate of title and except when a motor vehicle	7430
leasing dealer sells a motor vehicle to another motor vehicle	7431
leasing dealer at the end of a sublease pursuant to that sublease.	7432

(F) No distributor shall distribute new motor vehicles to new	7433
motor vehicle dealers at any place except an established place of	7434
business that is used exclusively for the purpose of distributing	7435
new motor vehicles to new motor vehicle dealers; except that a	7436
distributor who is also a new motor vehicle dealer may distribute	7437
new motor vehicles at the same place of business at which the	7438
distributor sells, displays, offers for sale, or deals in new	7439
motor vehicles.	7440

(G) No person, firm, or corporation that sells, displays, or	7441
offers for sale tent-type fold-out camping trailers is subject to	7442
the requirement that the person's, firm's, or corporation's place	7443
of business be used exclusively for the purpose of selling,	7444
displaying, offering for sale, or dealing in motor vehicles. No	7445
person, firm, or corporation that sells, displays, or offers for	7446
sale tent-type fold-out camping trailers, trailers, semitrailers,	7447
or park trailers is subject to the requirement that the place of	7448
business have space, under roof, for the display of at least one	7449
new motor vehicle and facilities and space for the inspection,	7450
servicing, and repair of at least one motor vehicle.	7451

(H) No manufactured or mobile home broker shall engage in the	7452
business of brokering manufactured or mobile homes at any place	7453
except an established place of business that is used exclusively	7454
for the purpose of brokering manufactured or mobile homes.	7455

(I) Nothing in this section shall be construed to prohibit	7456
persons licensed under this chapter from making sales calls.	7457

(J) Whoever violates this section is guilty of a misdemeanor	7458
of the fourth degree.	7459

(K) As used in this section:

7460

(1) "Motor vehicle leasing dealer" has the same meaning as in	7461
section 4517.01 of the Revised Code.	7462

(2) "Motor vehicle renting dealer" has the same meaning as in	7463
section 4549.65 of the Revised Code.	7464

(3) "Watercraft" has the same meaning as in section 1547.01	7465
of the Revised Code.	7466

Sec. 4517.10. At the time the registrar of motor vehicles	7467
grants the application of any person for a license as motor	7468
vehicle dealer, motor vehicle leasing dealer, manufactured home	7469
broker, distributor, motor vehicle auction owner, or motor vehicle	7470
salesperson, the registrar shall issue to the person a license.	7471
The registrar shall prescribe different forms for the licenses of	7472
motor vehicle dealers, motor vehicle leasing dealers, manufactured	7473
home brokers, distributors, motor vehicle auction owners, and	7474
motor vehicle salespersons, and all licenses shall include the	7475
name and post-office address of the person licensed.	7476

The fee for a dealer's license, a motor vehicle leasing	7477
dealer's license, and a manufactured home broker's license shall	7478
be ~~twenty-five~~fifty dollars, and the fee for a salesperson's	7479
license shall be ~~five~~ten dollars. The fee for a motor vehicle	7480
auction owner's license shall be ~~fifty~~one hundred dollars for	7481
each location. The fee for a distributor's license shall be ~~fifty~~	7482
one hundred dollars for each distributorship. In all cases, the	7483
fee shall accompany the application for license.	7484

The registrar may require each applicant for a license issued	7485
under this chapter to pay an additional fee, which shall be used	7486
by the registrar to pay the costs of obtaining a record of any	7487
arrests and convictions of the applicant from the Ohio bureau of	7488
identification and investigation. The amount of the fee shall be	7489
equal to that paid by the registrar to obtain such record.	7490

If a dealer, a motor vehicle leasing dealer, or a	7491
manufactured home broker, has more than one place of business in	7492
the county, the dealer or the broker shall make application, in	7493
such form as the registrar prescribes, for a certified copy of the	7494
license issued to the dealer or manufactured home broker for each	7495
place of business operated. In the event of the loss, mutilation,	7496
or destruction of a license issued under sections 4517.01 to	7497
4517.65 of the Revised Code, any licensee may make application to	7498
the registrar, in such form as the registrar prescribes, for a	7499
duplicate copy thereof. The fee for a certified or duplicate copy	7500
of a dealer's, motor vehicle leasing dealer's, manufactured home	7501
broker's, distributor's, or auction owner's license, is two	7502
dollars, and the fee for a duplicate copy of a salesperson's	7503
license is one dollar. All fees for such copies shall accompany	7504
the applications.	7505

~~All~~Beginning on the effective date of this amendment, all	7506
dealers' licenses, motor vehicle leasing dealers' licenses,	7507
manufactured home broker's licenses, distributors' licenses, ~~and~~	7508
auction owners' licenses ~~issued or renewed each year shall expire~~	7509
~~on the last day of March~~, and all salespersons' licenses issued or	7510
renewed ~~each year~~ shall expire biennially on ~~the last~~a day of	7511
~~June next following the date of their issuance~~within the two-year	7512
cycle that is prescribed by the registrar, unless sooner suspended	7513
or revoked. ~~Each~~Before the first day after the day prescribed by	7514
the registrar in the year that the license expires, each licensed	7515
dealer, motor vehicle leasing dealer, manufactured home broker,	7516
distributor, and auction owner ~~licensed during any year shall,~~	7517
~~before the first day of April each year thereafter~~ and each	7518
licensed salesperson ~~licensed during any year shall~~, ~~before the~~	7519
~~first day of July each~~in the year ~~thereafter~~in which the license	7520
will expire, shall file an application, in such form as the	7521
registrar prescribes, for the renewal of such license. The fee	7522
provided in this section for the original license shall accompany	7523
the application.	7524

Any salesperson's license shall be suspended upon the	7525
termination, suspension, or revocation of the license of the motor	7526
vehicle dealer or manufactured home broker for whom the	7527
salesperson is acting, or upon the salesperson leaving the service	7528
of the motor vehicle dealer or manufactured home broker; provided	7529
that upon the termination, suspension, or revocation of the	7530
license of the motor vehicle dealer or manufactured home broker	7531
for whom the salesperson is acting, or upon the salesperson	7532
leaving the service of a licensed motor vehicle dealer or	7533
manufactured home broker, the licensed salesperson, upon entering	7534
the service of any other licensed motor vehicle dealer or	7535
manufactured home broker, shall make application to the registrar,	7536
in such form as the registrar prescribes, to have the	7537
salesperson's license reinstated, transferred, and registered as a	7538
salesperson for the other dealer or broker. If the information	7539
contained in the application is satisfactory to the registrar, the	7540
registrar shall have the salesperson's license reinstated,	7541
transferred, and registered as a salesperson for the other dealer	7542
or broker. The fee for the reinstatement and transfer of license	7543
shall be two dollars. No license issued to a dealer, motor vehicle	7544
leasing dealer, auction owner, manufactured home broker, or	7545
salesperson, under sections 4517.01 to 4517.65 of the Revised Code	7546
shall be transferable to any other person.	7547

Each dealer, motor vehicle leasing dealer, manufactured home	7548
broker, distributor, and auction owner shall keep the license or a	7549
certified copy thereof and, in the case of a dealer or broker, a	7550
current list of the dealer's or the broker's licensed	7551
salespersons, showing the names, addresses, and serial numbers of	7552
their licenses, posted in a conspicuous place in each place of	7553
business. Each salesperson shall carry the salesperson's license	7554
or a certified copy thereof and shall exhibit such license or copy	7555
upon demand to any inspector of the bureau of motor vehicles,	7556
state highway patrol trooper, police officer, or person with whom	7557
the salesperson seeks to transact business as a motor vehicle	7558
salesperson.	7559

~~If a dealer's, motor vehicle leasing dealer's, manufactured~~	7560
~~home broker's, distributor's, auction owner's, or salesperson's~~	7561
~~license, is not granted, the fee shall be returned to the~~	7562
~~applicant at the time of notification that the application has~~	7563
~~been refused.~~ The notice of refusal to grant a license shall	7564
disclose the reason for refusal.	7565

Sec. 4517.14. The registrar of motor vehicles shall deny the	7566
application of any person for a license as a salesperson and	7567
refuse to issue the license if the registrar finds that the	7568
applicant:	7569

(A) Has made any false statement of a material fact in the	7570
application;	7571

(B) Has not complied with sections 4517.01 to 4517.45 of the	7572
Revised Code;	7573

(C) Is of bad business repute or has habitually defaulted on	7574
financial obligations;	7575

(D) Has been guilty of a fraudulent act in connection with	7576
selling or otherwise dealing in motor vehicles;	7577

(E) Has not been designated to act as salesperson for a motor	7578
vehicle dealer or manufactured home broker licensed to do business	7579
in this state under section 4517.10 of the Revised Code, or	7580
intends to act as salesperson for more than one licensed motor	7581
vehicle dealer or manufactured home broker at the same time,	7582
except that a licensed salesperson may act as a salesperson at any	7583
licensed dealership owned or operated by the same corporation,	7584
regardless of the county in which the dealership's facility is	7585
located;	7586

(F) Holds a current motor vehicle dealer's or manufactured	7587
home broker's license issued under section 4517.10 of the Revised	7588
Code, and intends to act as salesperson for another licensed motor	7589
vehicle dealer or manufactured home broker;	7590

(G) Has, less than twelve months prior to making application,	7591
been denied a salesperson's license or had a salesperson's license	7592
revoked.	7593

The registrar may refuse to issue a salesperson's license to	7594
an applicant who was salesperson for, or in the employ of, a motor	7595
vehicle dealer or manufactured home broker at the time the	7596
dealer's or broker's license was revoked. The registrar's finding	7597
may be based upon any statement contained in the application or	7598
upon any facts within the registrar's knowledge, and, immediately	7599
upon refusing to issue a salesperson's license, the registrar	7600
shall enter a final order and shall certify the final order	7601
together with his findings to the motor vehicle dealers board.	7602

Sec. 4519.03. (A) The owner of every snowmobile, off-highway	7603
motorcycle, and all-purpose vehicle required to be registered	7604
under section 4519.02 of the Revised Code shall file an	7605
application for registration with the registrar of motor vehicles	7606
or a deputy registrar, on blanks furnished by the registrar for	7607
that purpose and containing all of the following information:	7608

(1) A brief description of the snowmobile, off-highway	7609
motorcycle, or all-purpose vehicle, including the ~~name of the~~	7610
~~manufacturer, the factory or~~year, make, model ~~number~~, and the	7611
vehicle identification number;	7612

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

7613

(3) A statement that the snowmobile, off-highway motorcycle,	7614
or all-purpose vehicle is equipped as required by section 4519.20	7615
of the Revised Code and any rule adopted under that section. The	7616
statement shall include a check list of the required equipment	7617
items in the form the registrar shall prescribe.	7618

The application shall be signed by the owner of the	7619
snowmobile, off-highway motorcycle, or all-purpose vehicle and	7620
shall be accompanied by a fee as provided in division (C) of	7621
section 4519.04 of the Revised Code.	7622

If the application is not in proper form, or if the vehicle	7623
for which registration is sought does not appear to be equipped as	7624
required by section 4519.20 of the Revised Code or any rule	7625
adopted under that section, the registration shall be refused, and	7626
no registration sticker shall be issued.	7627

(B) On and after July 1, 1999, no certificate of registration	7628
or renewal of a certificate of registration shall be issued for an	7629
off-highway motorcycle or all-purpose vehicle required to be	7630
registered under section 4519.02 of the Revised Code, and no	7631
certificate of registration issued under this chapter for an	7632
off-highway motorcycle or all-purpose vehicle that is sold or	7633
otherwise transferred shall be transferred to the new owner of the	7634
off-highway motorcycle or all-purpose vehicle as permitted by	7635
division (B) of section 4519.05 of the Revised Code, unless a	7636
certificate of title has been issued under this chapter for the	7637
motorcycle or vehicle, and the owner or new owner, as the case may	7638
be, presents a physical certificate of title or memorandum	7639
certificate of title for inspection at the time the owner or new	7640
owner first submits a registration application, registration	7641
renewal application, or registration transfer application for the	7642
motorcycle or vehicle on or after July 1, 1999, if a physical	7643
certificate of title or memorandum certificate has been issued by	7644
a clerk of a court of common pleas. If, under sections 4519.512	7645
and 4519.58 of the Revised Code, a clerk instead has issued an	7646
electronic certificate of title for the applicant's off-highway	7647
motorcycle or all-purpose vehicle, that certificate may be	7648
presented for inspection at the time of first registration in a	7649
manner prescribed by rules adopted by the registrar.	7650

(C) When the owner of an off-highway motorcycle or	7651
all-purpose vehicle first registers it in the owner's name, and a	7652
certificate of title has been issued for the motorcycle or	7653
vehicle, the owner shall present for inspection a physical	7654
certificate of title or memorandum certificate of title showing	7655
title to the off-highway motorcycle or all-purpose vehicle in the	7656
name of the owner if a physical certificate of title or memorandum	7657
certificate has been issued by a clerk of a court of common pleas.	7658
If, under sections 4519.512 and 4519.58 of the Revised Code, a	7659
clerk instead has issued an electronic certificate of title for	7660
the applicant's off-highway motorcycle or all-purpose vehicle,	7661
that certificate may be presented for inspection at the time of	7662
first registration in a manner prescribed by rules adopted by the	7663
registrar. If, when the owner of such an off-highway motorcycle or	7664
all-purpose vehicle first makes application to register it in the	7665
owner's name, the application is not in proper form or the	7666
certificate of title or memorandum certificate of title does not	7667
accompany the registration or, in the case of an electronic	7668
certificate of title, is not presented in a manner prescribed by	7669
the registrar, the registration shall be refused, and neither a	7670
certificate of registration nor a registration sticker shall be	7671
issued. When a certificate of registration and registration	7672
sticker are issued upon the first registration of an off-highway	7673
motorcycle or all-purpose vehicle by or on behalf of the owner,	7674
the official issuing them shall indicate the issuance with a stamp	7675
on the certificate of title or memorandum certificate of title or,	7676
in the case of an electronic certificate of title, an electronic	7677
stamp or other notation as specified in rules adopted by the	7678
registrar.	7679

(D) Each deputy registrar shall be allowed a fee of two	7680
dollars and seventy-five cents commencing on July 1, 2001, three	7681
dollars and twenty-five cents commencing on January 1, 2003, and	7682
three dollars and fifty cents commencing on January 1, 2004, for	7683
each application or renewal application received by the deputy	7684
registrar, which shall be for the purpose of compensating the	7685
deputy registrar for services, and office and rental expense, as	7686
may be necessary for the proper discharge of the deputy	7687
registrar's duties in the receiving of applications and the	7688
issuing of certificates of registration.	7689

Each deputy registrar, upon receipt of any application for	7690
registration, together with the registration fee, shall transmit	7691
the fee, together with the original and duplicate copy of the	7692
application, to the registrar in the manner and at the times the	7693
registrar, subject to the approval of the director of public	7694
safety and the treasurer of state, shall prescribe by rule.	7695

Sec. 4519.05. (A) Whenever a registered snowmobile,	7696
off-highway motorcycle, or all-purpose vehicle is destroyed or	7697
similarly disposed of, the owner shall surrender the certificate	7698
of registration to the registrar of motor vehicles or a deputy	7699
registrar within fifteen days following the destruction or	7700
disposal. The registrar thereupon shall cancel the certificate and	7701
enter that fact in the registrar's records.	7702

In the case of an off-highway motorcycle or all-purpose	7703
vehicle for which a certificate of title has been issued, the	7704
owner also shall surrender the certificate of title to the clerk	7705
of the court of common pleas who issued it and the clerk, with the	7706
consent of any lienholders noted thereon, shall enter a	7707
cancellation upon the clerk's records and shall notify the	7708
registrar of the cancellation. Upon the cancellation of a	7709
certificate of title in the manner prescribed by this division,	7710
the clerk and the registrar may cancel and destroy all	7711
certificates of title and memorandum certificates of title in that	7712
chain of title.	7713

(B) Subject to division (B) of section 4519.03 of the Revised	7714
Code, whenever the ownership of a registered snowmobile,	7715
off-highway motorcycle, or all-purpose vehicle is transferred by	7716
sale or otherwise, the new owner, within fifteen days following	7717
the transfer, shall make application to the registrar or a deputy	7718
registrar for the transfer of the certificate of registration.	7719
Upon receipt of the application and a fee of one dollar, the	7720
registrar shall transfer the certificate to the new owner and	7721
shall enter the new owner's name and address in the registrar's	7722
records.	7723

(C) Whenever the owner of a registered snowmobile,	7724
off-highway motorcycle, or all-purpose vehicle changes address,	7725
the owner shall surrender the certificate of registration to the	7726
registrar or a deputy registrar within fifteen days following the	7727
address change. Upon receipt of the certificate, the registrar	7728
shall enter the new address thereon and shall make the appropriate	7729
change in the registrar's records. In a case where the owner's	7730
change of address involves a move outside of the state, the	7731
registrar shall cancel the certificate of registration for that	7732
snowmobile, off-highway motorcycle, or all-purpose vehicle.	7733

(D) Whenever a certificate of registration for a snowmobile,	7734
off-highway motorcycle, or all-purpose vehicle is lost, mutilated,	7735
or destroyed, the owner may obtain a duplicate certificate, which	7736
shall be identified as such, upon application and the payment of a	7737
fee of one dollar.	7738

(E) The registrar and each deputy registrar may collect and	7739
retain an additional fee of two dollars and seventy-five cents	7740
commencing on July 1, 2001, three dollars and twenty-five cents	7741
commencing on January 1, 2003, and three dollars and fifty cents	7742
commencing on January 1, 2004, for each application for the	7743
transfer of a certificate of registration or duplicate certificate	7744
of registration received by the registrar or deputy registrar.	7745

(F) Whoever violates division (A), (B), or (C) of this	7746
section shall be fined not more than twenty-five dollars for a	7747
first offense; for each subsequent offense, the offender shall be	7748
fined not less than twenty-five nor more than fifty dollars.	7749

Sec. 4519.56. (A) An application for a certificate of title	7750
shall be sworn to before a notary public or other officer	7751
empowered to administer oaths by the lawful owner or purchaser of	7752
the off-highway motorcycle or all-purpose vehicle and shall	7753
contain at least the following information in a form and together	7754
with any other information the registrar of motor vehicles may	7755
require:	7756

(1) Name, address, and social security number or employer's	7757
tax identification number of the applicant;	7758

(2) Statement of how the off-highway motorcycle or	7759
all-purpose vehicle was acquired;	7760

(3) Name and address of the previous owner;

7761

(4) A statement of all liens, mortgages, or other	7762
encumbrances on the off-highway motorcycle or all-purpose vehicle,	7763
and the name and address of each holder thereof;	7764

(5) If there are no outstanding liens, mortgages, or other	7765
encumbrances, a statement of that fact;	7766

(6) A description of the off-highway motorcycle or	7767
all-purpose vehicle, including the make, year, series or model, if	7768
any, body type, and manufacturer's vehicle identification number.	7769

If the off-highway motorcycle or all-purpose vehicle contains	7770
a permanent identification number placed thereon by the	7771
manufacturer, this number shall be used as the vehicle	7772
identification number. Except as provided in division (B) of this	7773
section, if the application for a certificate of title refers to	7774
an off-highway motorcycle or all-purpose vehicle that contains	7775
such a permanent identification number, but for which no	7776
certificate of title has been issued previously by this state, the	7777
application shall be accompanied by a physical inspection	7778
certificate as described in that division.	7779

If there is no manufacturer's vehicle identification number	7780
or if the manufacturer's vehicle identification number has been	7781
removed or obliterated, the registrar, upon receipt of a	7782
prescribed application and proof of ownership, but prior to	7783
issuance of a certificate of title, shall assign a vehicle	7784
identification number for the off-highway motorcycle or	7785
all-purpose vehicle. This assigned vehicle identification number	7786
shall be permanently affixed to or imprinted upon the off-highway	7787
motorcycle or all-purpose vehicle by the state highway patrol. The	7788
state highway patrol shall assess a fee of fifty dollars for	7789
affixing the number to the off-highway motorcycle or all-purpose	7790
vehicle and shall deposit each such fee in the state highway	7791
safety fund established by section 4501.06 of the Revised Code.	7792

(B) Except in the case of a new off-highway motorcycle or	7793
all-purpose vehicle sold by a dealer ~~licensed under Chapter 4517.~~	7794
~~of the Revised Code~~ title to which is evidenced by a	7795
manufacturer's or importer's certificate, if the application for a	7796
certificate of title refers to an off-highway motorcycle or	7797
all-purpose vehicle that contains a permanent identification	7798
number placed thereon by the manufacturer, but for which no	7799
certificate of title previously has been issued by this state, the	7800
application shall be accompanied by a physical inspection	7801
certificate issued by the department of public safety verifying	7802
the make, year, series or model, if any, body type, and	7803
manufacturer's vehicle identification number of the off-highway	7804
motorcycle or all-purpose vehicle for which the certificate of	7805
title is desired. The physical inspection certificate shall be in	7806
such form as is designated by the registrar. The physical	7807
inspection shall be made at a deputy registrar's office or at an	7808
established place of business operated by a licensed motor vehicle	7809
dealer. The deputy registrar or motor vehicle dealer may charge a	7810
maximum fee of two dollars and seventy-five cents commencing on	7811
July 1, 2001, three dollars and twenty-five cents commencing on	7812
January 1, 2003, and three dollars and fifty cents commencing on	7813
January 1, 2004, for conducting the physical inspection.	7814

The clerk of the court of common pleas shall charge a fee of	7815
one dollar and fifty cents for the processing of each physical	7816
inspection certificate. The clerk shall retain fifty cents of the	7817
one dollar and fifty cents so charged and shall pay the remaining	7818
one dollar to the registrar by monthly returns, which shall be	7819
forwarded to the registrar not later than the fifth day of the	7820
month next succeeding that in which the certificate is received by	7821
the clerk. The registrar shall pay such remaining sums into the	7822
state bureau of motor vehicles fund established by section 4501.25	7823
of the Revised Code.	7824

Sec. 4519.57. (A) When the clerk of a court of common pleas	7825
issues a physical certificate of title for an off-highway	7826
motorcycle or all-purpose vehicle, the clerk shall issue it over	7827
the clerk's official seal. The front side of each physical	7828
certificate of title shall contain the information required in the	7829
application for it as prescribed by section 4519.56 of the Revised	7830
Code, spaces for the dates of notation and cancellation of two	7831
liens, mortgages, or encumbrances, and any other pertinent	7832
information as may be required by the registrar of motor vehicles,	7833
but shall contain neither the social security number nor taxpayer	7834
identification number of the applicant. The reverse side of each	7835
physical certificate of title shall contain all of the information	7836
specified in division (F) of section 4505.07 of the Revised Code.	7837
An assignment of certificate of title before a notary public or	7838
other officer empowered to administer oaths shall appear on the	7839
reverse side of each physical certificate of title in the form to	7840
be prescribed by the registrar. The assignment form shall include	7841
a warranty that the signer is the owner of the off-highway	7842
motorcycle or all-purpose vehicle and that there are no mortgages,	7843
liens, or encumbrances on the off-highway motorcycle or	7844
all-purpose vehicle except as are noted on the face of the	7845
certificate of title.	7846

Physical certificates of title also shall bear a statement	7847
that liens applicable to the off-highway motorcycle or all-purpose	7848
vehicle other than the two for which there are spaces on the	7849
certificates may exist and, if so, are entered into the automated	7850
title processing system.	7851

(B) An electronic certificate of title is an electronic	7852
record stored in the automated title processing system that	7853
establishes ownership of an off-highway motorcycle or all-purpose	7854
vehicle, as well as any security interests that exist in that	7855
off-highway motorcycle or all-purpose vehicle.	7856

Sec. 4519.58. (A) When the clerk of a court of common pleas	7857
issues a physical certificate of title, the clerk shall issue the	7858
certificate of title on a form and in ~~duplicate. One copy shall be~~	7859
~~retained and filed~~a manner prescribed by the registrar of motor	7860
vehicles. The clerk shall file a copy of the physical evidence for	7861
the creation of the certificate of title in ~~the clerk's office,~~	7862
~~and~~a manner prescribed by the ~~information contained in it~~	7863
registrar. A clerk may retain digital images of documents used as	7864
evidence for issuance of a certificate of title. Certified	7865
printouts of documents retained as digital images shall have the	7866
same evidentiary value as the original physical documents. The	7867
record of the issuance of the certificate of title shall be	7868
~~transmitted to the registrar of motor vehicles on~~maintained in	7869
the ~~day it is issued~~automated title processing system. The clerk	7870
shall sign and affix the clerk's seal to the original certificate	7871
of title and, if there are no liens on the off-highway motorcycle	7872
or all-purpose vehicle, shall deliver the certificate to the	7873
applicant or the selling dealer. Except as otherwise provided in	7874
this section, if there are one or more liens on the off-highway	7875
motorcycle or all-purpose vehicle, the certificate of title shall	7876
be delivered to the holder of the first lien. If the certificate	7877
of title is obtained by a dealer on behalf of the applicant and	7878
there are one or more liens on the off-highway motorcycle or	7879
all-purpose vehicle, the clerk shall issue a certificate of title	7880
and may issue a memorandum certificate of title. The certificate	7881
of title and memorandum certificate of title, if issued, shall be	7882
delivered to the holder of the first lien or the selling dealer,	7883
who shall deliver the certificate of title to the holder of the	7884
first lien and the memorandum certificate of title to the	7885
applicant. The selling dealer also may make arrangements with the	7886
clerk to have the clerk deliver the memorandum certificate of	7887
title to the applicant.	7888

(B) The registrar shall prescribe a uniform method of	7889
numbering certificates of title. The numbering shall be in such	7890
manner that the county of issuance is indicated. Numbers shall be	7891
assigned to certificates of title in the manner prescribed by the	7892
registrar. The clerk shall file all certificates of title	7893
according to the rules to be prescribed by the registrar, and the	7894
clerk shall maintain in the clerk's office indexes for the	7895
certificates of title.	7896

The clerk need not retain on file any current certificates of	7897
title, current duplicate certificates of title, current memorandum	7898
certificates of title, or current salvage certificates of title,	7899
or supporting evidence of them, ~~including the electronic record~~	7900
~~described in section 4519.55 of the Revised Code,~~ covering any	7901
off-highway motorcycle or all-purpose vehicle for a period longer	7902
than seven years after the date of their filing; thereafter, the	7903
documents and supporting evidence may be destroyed. The clerk need	7904
not retain on file any inactive records, including certificates of	7905
title, duplicate certificates of title, or memorandum certificates	7906
of title, or supporting evidence of them, including the electronic	7907
record described in section 4519.55 of the Revised Code, covering	7908
any off-highway motorcycle or all-purpose vehicle for a period	7909
longer than five years after the date of their filing; thereafter,	7910
the documents and supporting evidence may be destroyed.	7911

The automated title processing system shall contain all	7912
active records and an index of the active records, and shall	7913
contain a record and index of all inactive titles for ten years,	7914
and a record and index of all inactive titles for manufactured and	7915
mobile homes for thirty years. If the clerk provides a written	7916
copy of any information contained in the database, the copy shall	7917
be considered the original for purposes of the clerk certifying	7918
the record of such information for use in any legal proceedings.	7919

(C) The clerk shall issue a physical certificate of title to	7920
an applicant unless the applicant specifically requests the clerk	7921
not to issue a physical certificate of title and instead to issue	7922
an electronic certificate of title. The fact that a physical	7923
certificate of title is not issued for an off-highway motorcycle	7924
or all-purpose vehicle does not affect ownership of the motorcycle	7925
or vehicle. In that case, when the clerk completes the process of	7926
entering certificate of title application information into the	7927
automated title processing system, the effect of the completion of	7928
the process is the same as if the clerk actually issued a physical	7929
certificate of title for the motorcycle or vehicle.	7930

(D) An electronic dealer who applies for a certificate of	7931
title on behalf of a customer who purchases an off-highway	7932
motorcycle or all-purpose vehicle from the dealer may print a	7933
non-negotiable evidence of ownership for the customer if the	7934
customer so requests. The authorization to print the	7935
non-negotiable evidence of ownership shall come from the clerk	7936
with whom the dealer makes application for the certificate of	7937
title for the customer, but the printing by the dealer does not	7938
create an agency relationship of any kind between the dealer and	7939
the clerk.	7940

(E) ~~If an electronic certificate of title previously has been~~	7941
~~issued for an off-highway motorcycle or all-purpose vehicle, the~~	7942
The owner of the off-highway motorcycle or all-purpose vehicle may	7943
apply at any time to a clerk of a court of common pleas for a	7944
non-negotiable evidence of ownership for the off-highway	7945
motorcycle or all-purpose vehicle.	7946

Sec. 4519.61. (A) Each owner of an off-highway motorcycle or	7947
all-purpose vehicle and each person mentioned as owner in the last	7948
certificate of title, when the off-highway motorcycle or	7949
all-purpose vehicle is dismantled, destroyed, or changed in such	7950
manner that it loses its character as an off-highway motorcycle or	7951
all-purpose vehicle, or changed in such manner that it is not the	7952
off-highway motorcycle or all-purpose vehicle described in the	7953
certificate of title, shall surrender the certificate of title to	7954
a clerk of a court of common pleas, and the clerk, with the	7955
consent of the holders of any liens noted on the certificate of	7956
title, then shall enter a cancellation upon the clerk's records	7957
and shall notify the registrar of motor vehicles of the	7958
cancellation.	7959

Upon the cancellation of a certificate of title in the manner	7960
prescribed by this section, any clerk and the registrar may cancel	7961
and destroy all certificates and all memorandum certificates in	7962
that chain of title.	7963

(B) If an Ohio certificate of title or salvage certificate of	7964
title to an off-highway motorcycle or all-purpose vehicle is	7965
assigned to a salvage dealer, the dealer shall not be required to	7966
obtain an Ohio certificate of title or a salvage certificate of	7967
title to the off-highway motorcycle or all-purpose vehicle in the	7968
dealer's own name if the dealer dismantles or destroys the	7969
off-highway motorcycle or all-purpose vehicle, completes the	7970
assignment on the certificate of title or salvage certificate of	7971
title, indicates the number of the dealer's motor vehicle salvage	7972
dealer's license on it, marks "FOR DESTRUCTION" across the face of	7973
the certificate of title or salvage certificate of title, and	7974
surrenders the certificate of title or salvage certificate of	7975
title to a clerk of a court of common pleas as provided in	7976
division (A) of this section. If the salvage dealer retains the	7977
off-highway motorcycle or all-purpose vehicle for resale, the	7978
salvage dealer shall make application for a salvage certificate of	7979
title to the off-highway motorcycle or all-purpose vehicle in the	7980
salvage dealer's own name as provided in division (C)(1) of this	7981
section.	7982

(C)(1) When an insurance company declares it economically	7983
impractical to repair the off-highway motorcycle or all-purpose	7984
vehicle and has paid an agreed price for the purchase of the	7985
off-highway motorcycle or all-purpose vehicle to any insured or	7986
claimant owner, the insurance company shall receive the	7987
certificate of title and off-highway motorcycle or all-purpose	7988
vehicle and proceed as follows. Within thirty days, the insurance	7989
company shall deliver the certificate of title to a clerk of a	7990
court of common pleas and shall make application for a salvage	7991
certificate of title. The clerk shall issue the salvage	7992
certificate of title on a form, prescribed by the registrar, that	7993
shall be easily distinguishable from the original certificate of	7994
title and shall bear the same ~~number and~~ information as the	7995
original certificate of title except that it may bear a different	7996
number from that of the original certificate of title. Except as	7997
provided in division (C)(2) of this section, the salvage	7998
certificate of title shall be assigned by the insurance company to	7999
a salvage dealer or any other person for use as evidence of	8000
ownership upon the sale or other disposition of the off-highway	8001
motorcycle or all-purpose vehicle, and the salvage certificate of	8002
title shall be transferable to any other person. The clerk of the	8003
court of common pleas shall charge a fee of four dollars for the	8004
cost of processing each salvage certificate of title.	8005

(2) If an insurance company considers an off-highway	8006
motorcycle or all-purpose vehicle as described in division (C)(1)	8007
of this section to be impossible to restore to normal operation,	8008
the insurance company may assign the certificate of title to the	8009
off-highway motorcycle or all-purpose vehicle to a salvage dealer	8010
or scrap metal processing facility and send the assigned	8011
certificate of title to the clerk of the court of common pleas of	8012
~~the~~any county ~~in which the salvage dealer or scrap metal~~	8013
~~processing facility is located~~. The insurance company shall mark	8014
the face of the certificate of title "FOR DESTRUCTION" and shall	8015
deliver a photocopy of the certificate of title to the salvage	8016
dealer or scrap metal processing facility for its records.	8017

(3) If an insurance company declares it economically	8018
impractical to repair an off-highway motorcycle or all-purpose	8019
vehicle, agrees to pay to the insured or claimant owner an amount	8020
in settlement of a claim against a policy of motor vehicle	8021
insurance covering the off-highway motorcycle or all-purpose	8022
vehicle, and agrees to permit the insured or claimant owner to	8023
retain possession of the off-highway motorcycle or all-purpose	8024
vehicle, the insurance company shall not pay the insured or	8025
claimant owner any amount in settlement of the insurance claim	8026
until the owner obtains a salvage certificate of title to the	8027
vehicle and furnishes a copy of the salvage certificate of title	8028
to the insurance company.	8029

(D) When a self-insured organization, rental or leasing	8030
company, or secured creditor becomes the owner of an off-highway	8031
motorcycle or all-purpose vehicle that is burned, damaged, or	8032
dismantled and is determined to be economically impractical to	8033
repair, the self-insured organization, rental or leasing company,	8034
or secured creditor shall do one of the following:	8035

(1) Mark the face of the certificate of title to the	8036
off-highway motorcycle or all-purpose vehicle "FOR DESTRUCTION"	8037
and surrender the certificate of title to a clerk of a court of	8038
common pleas for cancellation as described in division (A) of this	8039
section. The self-insured organization, rental or leasing company,	8040
or secured creditor then shall deliver the off-highway motorcycle	8041
or all-purpose vehicle, together with a photocopy of the	8042
certificate of title, to a salvage dealer or scrap metal	8043
processing facility and shall cause the off-highway motorcycle or	8044
all-purpose vehicle to be dismantled, flattened, crushed, or	8045
destroyed.	8046

(2) Obtain a salvage certificate of title to the off-highway	8047
motorcycle or all-purpose vehicle in the name of the self-insured	8048
organization, rental or leasing company, or secured creditor, as	8049
provided in division (C)(1) of this section, and then sell or	8050
otherwise dispose of the off-highway motorcycle or all-purpose	8051
vehicle. If the off-highway motorcycle or all-purpose vehicle is	8052
sold, the self-insured organization, rental or leasing company, or	8053
secured creditor shall obtain a salvage certificate of title to	8054
the off-highway motorcycle or all-purpose vehicle in the name of	8055
the purchaser from a clerk of a court of common pleas.	8056

(E) If an off-highway motorcycle or all-purpose vehicle	8057
titled with a salvage certificate of title is restored for	8058
operation, application shall be made to a clerk of a court of	8059
common pleas for a certificate of title after inspection by the	8060
state highway patrol. The inspection shall include establishing	8061
proof of ownership and an inspection of the motor number and	8062
vehicle identification number of the off-highway motorcycle or	8063
all-purpose vehicle and of documentation or receipts for the	8064
materials used in restoration by the owner of the off-highway	8065
motorcycle or all-purpose vehicle being inspected, which	8066
documentation or receipts shall be presented at the time of	8067
inspection. Upon successful completion of the inspection, the	8068
state highway patrol shall issue to the owner a completed	8069
inspection form. The clerk, upon submission of the completed	8070
inspection form and surrender of the salvage certificate of title,	8071
shall issue a certificate of title for a fee prescribed by the	8072
registrar. The certificate of title shall be in the same form as	8073
the original certificate of title~~, shall bear the same number as~~	8074
~~the salvage certificate of title and the original certificate of~~	8075
~~title,~~ and shall bear the words "REBUILT SALVAGE" in black	8076
boldface letters on its face. Every subsequent certificate of	8077
title, memorandum certificate of title, or certified copy of a	8078
certificate of title or memorandum certificate of title issued for	8079
the off-highway motorcycle or all-purpose vehicle also shall bear	8080
the words "REBUILT SALVAGE" in black boldface letters on its face.	8081
The exact location on the face of the certificate of title of the	8082
words "REBUILT SALVAGE" shall be determined by the registrar, who	8083
shall develop an automated procedure within the automated title	8084
processing system to comply with this division. The clerk shall	8085
use reasonable care in performing the duties imposed on the clerk	8086
by this division in issuing a certificate of title pursuant to	8087
this division, but the clerk is not liable for errors or omissions	8088
of the clerk of courts, the clerk's deputies, or the automated	8089
title processing system in the performance of such duties. A fee	8090
of fifty dollars shall be assessed by the state highway patrol for	8091
each inspection made pursuant to this division.	8092

(F) No off-highway motorcycle or all-purpose vehicle the	8093
certificate of title to which has been marked "FOR DESTRUCTION"	8094
and surrendered to a clerk of a court of common pleas shall be	8095
used for anything except parts and scrap metal.	8096

Sec. 4519.631. The registrar of motor vehicles shall enable	8097
the public to access off-highway motorcycle and all-purpose	8098
vehicle title information via electronic means. No fee shall be	8099
charged for this access. The title information that must be so	8100
accessible is only the title information that is in an electronic	8101
format at the time a person requests this access.	8102

The registrar,shall establish procedures governing this	8103
access. The procedures may be established by rule in accordance	8104
with Chapter 119. of the Revised Code~~, shall adopt rules governing~~	8105
~~this access~~. In adopting the rules, the registrar shall confer	8106
with the clerks of the courts of common pleas.	8107

Access by the public to off-highway motorcycle and	8108
all-purpose vehicle title information under this section shall	8109
comply with all restrictions contained in the Revised Code and	8110
federal law that govern the disclosure of that information.	8111

Sec. 4519.68. (A)(1) Chapter 1309. of the Revised Code does	8112
not permit or require the deposit, filing, or other record of a	8113
security interest covering an off-highway motorcycle or	8114
all-purpose vehicle, except as provided in division (A)(2) of this	8115
section.	8116

(2) Chapter 1309. of the Revised Code applies to a security	8117
interest in an off-highway motorcycle or all-purpose vehicle held	8118
as inventory, as defined in section 1309.102 of the Revised Code,	8119
for sale by a dealer. The security interest has priority over	8120
creditors of the dealer as provided in Chapter 1309. of the	8121
Revised Code without notation of the security interest on a	8122
certificate of title, without entry of a notation of the security	8123
interest into the automated title processing system if a physical	8124
certificate of title has not been issued, or without the retention	8125
of a manufacturer's or importer's certificate.	8126

(B) Subject to division (A) of this section, any security	8127
agreement covering a security interest in an off-highway	8128
motorcycle or all-purpose vehicle, if a notation of the agreement	8129
has been made by a clerk of a court of common pleas on the face of	8130
the certificate of title or if the clerk has entered a notation of	8131
the agreement into the automated title processing system if a	8132
physical certificate of title has not been issued, is valid as	8133
against the creditors of the debtor, whether armed with process or	8134
not, and against subsequent purchasers, secured parties, and other	8135
lienholders or claimants. All security interests, liens,	8136
mortgages, and encumbrances entered into the automated title	8137
processing system in relation to a particular certificate of	8138
title, regardless of whether a physical certificate of title is	8139
issued, take priority according to the order of time in which they	8140
are entered into the automated title processing system by the	8141
clerk. Exposure for sale of any off-highway motorcycle or	8142
all-purpose vehicle by its owner, with the knowledge or with the	8143
knowledge and consent of the holder of any security interest,	8144
lien, mortgage, or encumbrance on it, does not render the security	8145
interest, lien, mortgage, or encumbrance ineffective as against	8146
the creditors of the owner, or against holders of subsequent	8147
security interests, liens, mortgages, or encumbrances upon the	8148
off-highway motorcycle or all-purpose vehicle.	8149

The secured party, upon presentation of evidence of a	8150
security interest to a clerk of a court of common pleas, together	8151
with the certificate of title if a physical certificate of title	8152
for the off-highway motorcycle or all-purpose vehicle exists, and	8153
the fee prescribed by section 4519.59 of the Revised Code, may	8154
have a notation of the security interest made ~~on the face of the~~	8155
~~certificate of title, and, if such a notation is made, another~~	8156
~~notation of the security interest shall be entered into the~~	8157
~~automated title processing system~~. Unless the secured party	8158
specifically requests the clerk not to issue a physical	8159
certificate of title and instead to issue an electronic	8160
certificate of title, the clerk, over the clerk's signature and	8161
seal of office, shall issue a new original certificate of title	8162
from the automated title processing system that indicates the	8163
security interest and the date of the security interest.	8164

If a security interest is fully discharged as a result of its	8165
holder's receipt of good funds in the correct amount and if the	8166
holder ~~of the security interest~~ holds a physical certificate of	8167
title, the holder ~~of the security interest~~ shall note ~~its~~the	8168
discharge of the security interest over the holder's signature on	8169
the face of the certificate of title, or over the holder's	8170
signature on a form prescribed by the registrar of motor vehicles	8171
when there is no space for the discharge on the face of the	8172
certificate of title. ~~Prior~~Except as otherwise provided in this	8173
section, prior to delivering the certificate of title to the	8174
owner, the holder or the holder's agent shall ~~present it and any~~	8175
~~additional information a clerk requires to a clerk to have the~~	8176
~~clerk note the cancellation of the security interest on the face~~	8177
ofconvey the certificate of title ~~and upon the records of the~~or	8178
a separate sworn statement of the discharge of the security	8179
interest to a clerk. The conveyance shall occur not more than	8180
seven business days after the date good funds in the correct	8181
amount to discharge fully the security interest have been credited	8182
to an account of the holder, provided the holder has been provided	8183
accurate information concerning the off-highway motorcycle or	8184
all-purpose vehicle. Conveyance of the certificate of title or	8185
separate sworn statement of the discharge within the required	8186
seven business days may be indicated by postmark or receipt by a	8187
clerk within that period. If the discharge of the security	8188
interest appears to be genuine, the clerk shall note the	8189
cancellation of the security interest on the face of the	8190
certificate of title, if it was so conveyed, and also shall note	8191
~~the cancellation on the clerk's records and notify the registrar,~~	8192
~~who shall note the cancellation. If a security interest that is~~	8193
~~discharged does not appear on the face of the certificate of~~	8194
~~title, but instead was entered into the automated title processing~~	8195
~~system, the clerk shall enter the cancellation into~~it in the	8196
automated title processing system ~~and also shall note the~~	8197
~~cancellation on a form prescribed by the registrar~~.	8198

If a security interest is fully discharged as a result of its	8199
holder's receipt of good funds in the correct amount and the	8200
holder does not hold a physical certificate of title, when the	8201
holder notifies a clerk of the discharge of its security interest,	8202
the holder at that time also may request the clerk to issue a	8203
physical certificate of title to the off-highway motorcycle or	8204
all-purpose vehicle. The request shall specify whether the clerk	8205
is to send the certificate of title directly to the owner or to	8206
the holder or the holder's agent for transmission to the owner. If	8207
such a request is made, the clerk shall issue a physical	8208
certificate of title and send it to the specified person.	8209

The clerk shall not honor such a request for a physical	8210
certificate of title if it is not made by the holder at the same	8211
time as the holder's notification to the clerk of the discharge of	8212
its security interest.	8213

(C) In all cases, a secured party may choose to present a	8214
clerk with evidence of a security interest via electronic means,	8215
and the clerk shall enter the security interest into the automated	8216
title processing system. A secured party also may choose to notify	8217
a clerk of the discharge of its security interest via electronic	8218
means, and the clerk shall enter the cancellation into the	8219
automated title processing system.	8220

(D) If a physical certificate of title has not been issued	8221
for an off-highway motorcycle or all-purpose vehicle and all the	8222
security interests relating to that motorcycle or vehicle have	8223
been discharged, the owner of the motorcycle or vehicle may obtain	8224
a physical certificate of title from the clerk of any court of	8225
common pleas upon payment of the fee specified in section 4519.59	8226
of the Revised Code.	8227

~~(D)~~(E) If a clerk of a court of common pleas, other than the	8228
clerk of the court of common pleas of the county in which the	8229
owner of an off-highway motorcycle or all-purpose vehicle resides,	8230
enters a notation of the existence of, or the cancellation of, a	8231
security interest relating to the off-highway motorcycle or	8232
all-purpose vehicle, the clerk shall transmit the data relating to	8233
the notation to the automated title processing system.	8234

Sec. 4549.081. (A) The superintendent of the state highway	8235
patrol shall adopt rules governing the use of an electronic	8236
clearance device that enables an operator of a commercial motor	8237
vehicle, in accordance with division (B) of section 4511.121 of	8238
the Revised Code, to bypass a scale location established for the	8239
purpose of determining the weight of the vehicle and its load. The	8240
superintendent shall establish the acceptable types and features	8241
of such devices. The rules of the superintendent also shall	8242
establish a method for a peace officer to determine that the	8243
device and its use are in compliance with this section and the	8244
rules of the superintendent.	8245

(B) No person shall use an electronic clearance device if the	8246
device or its use is not in compliance with rules of the	8247
superintendent.	8248

(C) Whoever violates division (B) of this section is guilty	8249
of a misdemeanor of the fourth degree on a first offense and a	8250
misdemeanor of the third degree on each subsequent offense.	8251

Sec. 4738.05. At the time the registrar of motor vehicles	8252
grants the application of any person for a license under this	8253
chapter, hethe registrar shall issue to the person a license that	8254
shall have provisional status for a period of one hundred eighty	8255
days from the date of issuance. At the end of that period and	8256
subject to the results of the inspection described in section	8257
4738.071 of the Revised Code of the place of business of the	8258
license holder, the license either shall be revoked or shall	8259
remain valid and no longer have provisional status. The registrar	8260
shall prescribe forms for licenses, and all licenses shall include	8261
the name and post office address of the person licensed.	8262

The fee for a motor vehicle salvage dealer's license, a	8263
salvage motor vehicle auction license, or a salvage motor vehicle	8264
pool license shall be ~~fifty~~one hundred dollars. In all cases the	8265
fee shall accompany the application for license.	8266

If a licensee has more than one place of business in the	8267
county, hethe licensee shall make application, in a form as the	8268
registrar prescribes, for a certified copy of the license issued	8269
to the person for each place of business operated. In the event of	8270
the loss, mutilation, or destruction of a license issued under	8271
sections 4738.01 to 4738.16 of the Revised Code, any licensee may	8272
make application to the registrar, in a form as the registrar	8273
prescribes, for a duplicate copy thereof. The fee for a certified	8274
or duplicate copy of a license is one dollar. All fees for copies	8275
shall accompany the applications.	8276

~~All~~Beginning on the effective date of this amendment, all	8277
licenses issued or renewed ~~each year~~ shall expire biennially on	8278
the last day of July of each two-year license cycle unless sooner	8279
suspended or revoked, and each motor vehicle salvage dealer,	8280
salvage motor vehicle auction, or salvage motor vehicle pool	8281
licensed ~~during any year~~ shall, before the first day of August	8282
~~each~~in the year in which the license will expire, file an	8283
application, in a form as the registrar prescribes, for the	8284
renewal of the license. The fee provided in this section for the	8285
original license shall accompany the application.	8286

Sec. 4738.18. (A) Any person licensed under division (A) of	8287
section 4738.03 of the Revised Code who wishes to purchase salvage	8288
motor vehicles at salvage motor vehicle auctions or salvage motor	8289
vehicle pools shall make application to the registrar of motor	8290
vehicles for a buyer's identification card. The application shall	8291
be on a form prescribed by the registrar and shall contain the	8292
applicant's name, principal business address, the license number	8293
under which the applicant will be making purchases, and such other	8294
information as the registrar requires. In lieu of directly	8295
obtaining a buyer's identification card or in addition thereto,	8296
any person licensed under division (A) of section 4738.03 of the	8297
Revised Code may designate up to two employees to act as buyers	8298
for the licensee. The licensee shall make application for a	8299
buyer's identification card for each employee in the same manner	8300
as for a card for the licensee.	8301

(B) The fee for each buyer's identification card shall be ~~ten~~	8302
thirty-five dollars.	8303

(C) Beginning on the effective date of this amendment, each	8304
buyer's identification card shall expire biennially on a day	8305
within the two-year cycle that is prescribed by the registrar,	8306
unless sooner suspended or revoked. Before the first day after the	8307
day prescribed by the registrar in the year that the card expires,	8308
each cardholder shall file an application for renewal of the card,	8309
in a form that the registrar prescribes. A buyer's identification	8310
card is nontransferable. If the holder of a card no longer	8311
possesses a valid salvage motor vehicle dealer's license, or if an	8312
employee of the licensee leaves the employment of the licensee,	8313
the buyer's identification card of that person is invalid and the	8314
holder shall return the card to the registrar.	8315

(D) Any person who holds a valid salvage motor vehicle	8316
dealer's license from another state that imposes qualifications	8317
and requirements with respect to the license that are equivalent	8318
to those required by Chapter 4738. of the Revised Code may make	8319
application and receive a buyer's identification card. The person	8320
shall make application to the registrar who shall, based upon ~~his~~	8321
the registrar's investigation, issue a buyer's identification card	8322
to those applicants who the registrar determines are qualified.	8323

(E) All applicants for a buyer's identification card must be	8324
of good financial repute and not have been convicted of a felony	8325
as verified by a report from a law enforcement agency and credit	8326
report furnished to the registrar by the applicant.	8327

(F) The registrar may revoke or suspend the license of any	8328
salvage motor vehicle dealer who allows ~~his~~the dealer's card or	8329
the card of any employee to be used by any unauthorized person.	8330

Sec. 4738.19. The state, through the registrar of motor	8331
vehicles, in accordance with this chapter, is the sole regulator	8332
for the registration, licensing, and regulation of motor vehicle	8333
salvage dealers.	8334

This section does not preempt the enforcement by local	8335
authorities of local zoning, health, or safety codes or laws.	8336

Sec. 4749.02. The ~~department~~director of ~~commerce~~public	8337
safety shall administer this chapter ~~through the division of real~~	8338
~~estate and professional licensing~~, and for that purpose, ~~the~~	8339
~~superintendent of real estate and professional licensing~~ may	8340
appoint ~~such~~ employees and adopt ~~such~~ rules asthat the	8341
~~superintendent~~director considers necessary.	8342

Sec. 4749.021. (A) There is hereby created the Ohio private	8343
investigation and security services commission, consisting of the	8344
director of public safety or the director's designee, who shall be	8345
a nonvoting member; the superintendent of the highway patrol or	8346
the superintendent's designee, who shall be a voting member; and	8347
twelve members appointed by the governor with the advice and	8348
consent of the senate, not more than six of whom shall be members	8349
of the same political party, as follows:	8350

(1) Three members shall be owners or operators of a business	8351
that maintains a class A license and shall have at least five	8352
years' experience in this state in the business of private	8353
investigation or security services.	8354

(2) One member shall be an owner or operator of a business	8355
that maintains a class B license and shall have at least five	8356
years' experience in this state in the business of private	8357
investigation or security services.	8358

(3) One member shall be an owner or operator of a business	8359
that maintains a class C license and shall have at least five	8360
years' experience in this state in the business of private	8361
investigation or security services.	8362

(4) Two members shall be owners or operators of a business	8363
that maintains a class A, B, or C license and shall have at least	8364
five years' experience in this state in the business of private	8365
investigation or security services.	8366

(5) One member shall be an incumbent chief of police.

8367

(6) One member shall be an active law enforcement officer,	8368
not above the rank of lieutenant.	8369

(7) One member shall be an incumbent sheriff.

8370

(8) Two members shall be representatives of the general	8371
public who have never had a direct employment relationship with	8372
any class A, B, or C licensee.	8373

(B)(1) The governor shall make initial appointments to the	8374
commission by January 1, 2005, and the commission shall hold its	8375
first meeting, at the call of the director of public safety, in	8376
January 2005. Of the initial appointments made to the commission,	8377
three shall be for a term ending December 31, 2005, three shall be	8378
for a term ending December 31, 2006, three shall be for a term	8379
ending December 31, 2007, and three shall be for a term ending	8380
December 31, 2008. Thereafter, terms of office shall be for five	8381
years, with each term ending on the same day of the same month as	8382
did the term that it succeeds. Each member shall hold office from	8383
the date of appointment until the end of the term for which the	8384
member was appointed. Members may be reappointed, but may serve	8385
not more than two complete consecutive five-year terms. Vacancies	8386
shall be filled in the manner provided for original appointments.	8387
Any member appointed to fill a vacancy occurring before the	8388
expiration date of the term for which the member's predecessor was	8389
appointed shall hold office as a member for the remainder of that	8390
term. A member shall continue in office subsequent to the	8391
expiration of the member's term until the member's successor takes	8392
office or until a period of sixty days has elapsed, whichever	8393
occurs first. The governor, after notice and the opportunity for a	8394
hearing, may remove any appointed member for misfeasance,	8395
malfeasance, or nonfeasance.	8396

(2) Ninety days before the expiration of a member's term, or	8397
in the event of a vacancy, the Ohio association of security and	8398
investigation services may submit names to the governor for	8399
consideration of appointment to the commission.	8400

(C) The commission shall advise the director of public safety	8401
on all matters related to the regulation of private investigation	8402
and the business of security services and on all matters related	8403
to this chapter. The commission shall advise the director on the	8404
format, content, and all other aspects of all private	8405
investigation and security services licensure examinations.	8406

(D) In accordance with Chapter 119. of the Revised Code, the	8407
department may establish rules on behalf of the commission.	8408

(E) The commission shall meet not less than four times each	8409
year. It also shall meet upon the call of the chairperson, upon	8410
the request of five members, or at the request of the director of	8411
public safety or the director's designee.	8412

(F) At the first regular meeting of each year, which shall be	8413
called by the chairperson, the members shall elect a chairperson	8414
and a vice-chairperson by a majority vote, and also shall	8415
establish its meeting schedule for the remainder of the year. The	8416
chairperson and vice-chairperson shall serve until their	8417
successors are elected. No member may serve as chairperson more	8418
than three times during a five-year term. The chairperson shall	8419
preside over the commission's meetings, shall set the meeting	8420
agenda, and shall serve as the commission's chief spokesperson and	8421
liaison to the department of public safety. The chairperson or	8422
vice-chairperson shall approve all vouchers of the commission.	8423
Subject to the commission's approval, the chairperson may appoint	8424
committees to assist the commission. Committee members may be	8425
members of the commission. The vice-chairperson shall exercise the	8426
duties of the chairperson when the chairperson is not available.	8427

(G) A quorum of seven appointed members is necessary for a	8428
meeting to convene or continue. All actions of the commission	8429
shall be by a majority of the members present. Members may not	8430
participate or vote by proxy. In accordance with Chapter 121. of	8431
the Revised Code, at least fourteen days before a regular meeting	8432
and twenty-four hours before a special meeting, the chairperson	8433
shall notify all members of the commission in writing of the	8434
agenda. Upon a timely request, any member of the commission may	8435
have an item added to the commission's agenda.	8436

(H) Each member of the commission shall receive the member's	8437
necessary expenses incurred in the performance of official duties,	8438
including travel, hotel, and other necessary expenses. Members of	8439
any special committee, which may be appointed by the commission to	8440
assist it, who are not members of the commission also may receive	8441
necessary expenses.	8442

(I) The department of public safety shall provide the	8443
commission with suitable office and meeting space and necessary	8444
technical, clerical, and administrative support. The department	8445
shall serve as the official repository of the commission's	8446
records. Expenses of the commission shall be paid from the private	8447
investigator and security guard provider fund created in section	8448
4749.07 of the Revised Code.	8449

(J) In the absence of fraud or bad faith, the commission, a	8450
current or former commission member, or an agent, representative,	8451
or employee of the commission is not liable in damages to any	8452
person because of any act, omission, proceeding, or decision	8453
related to official duties.	8454

Sec. 4749.03. (A)(1) Any individual, including a partner in	8455
a partnership, may be licensed as a private investigator under a	8456
class B license, or as a security guard provider under a class C	8457
license, or as a private investigator and a security guard	8458
provider under a class A license, if the individual meets all of	8459
the following requirements:	8460

(a) Has a good reputation for integrity, has not been	8461
convicted of a felony within the last twenty years or any offense	8462
involving moral turpitude, and has not been adjudicated	8463
incompetent for the purpose of holding the license, as provided in	8464
section 5122.301 of the Revised Code, without having been restored	8465
to legal capacity for that purpose.	8466

(b) Depending upon the class of license for which application	8467
is made, for a continuous period of at least two years immediately	8468
preceding application for a license, has been engaged in	8469
investigatory or security services work for a law enforcement or	8470
other public agency engaged in investigatory activities, or for a	8471
private investigator or security guard provider, or engaged in the	8472
practice of law, or has acquired equivalent experience as	8473
determined by rule of the director of ~~commerce~~public safety.	8474

(c) Demonstrates competency as a private investigator or	8475
security guard provider by passing an examination devised for this	8476
purpose by the director, except that any individually licensed	8477
person who qualifies a corporation for licensure shall not be	8478
required to be reexamined if the person qualifies the corporation	8479
in the same capacity that the person was individually licensed.	8480

(d) Submits evidence of comprehensive general liability	8481
insurance coverage, or other equivalent guarantee approved by the	8482
director in such form and in principal amounts satisfactory to the	8483
director, but not less than one hundred thousand dollars for each	8484
person and three hundred thousand dollars for each occurrence for	8485
bodily injury liability, and one hundred thousand dollars for	8486
property damage liability.	8487

(e) Pays the requisite examination and license fees.

8488

(2) A corporation may be licensed as a private investigator	8489
under a class B license, or as a security guard provider under a	8490
class C license, or as a private investigator and a security guard	8491
provider under a class A license, if an application for licensure	8492
is filed by an officer of the corporation and the officer, another	8493
officer, or the qualifying agent of the corporation satisfies the	8494
requirements of divisions (A)(1) and (F)(1) of this section.	8495
Officers and the statutory agent of a corporation shall be	8496
determined in accordance with Chapter 1701. of the Revised Code.	8497

(3) At least one partner in a partnership shall be licensed	8498
as a private investigator, or as a security guard provider, or as	8499
a private investigator and a security guard provider. Partners in	8500
a partnership shall be determined as provided for in Chapter 1775.	8501
of the Revised Code.	8502

(B) Application for a class A, B, or C license shall be in	8503
writing, under oath, to the director. In the case of an	8504
individual, the application shall state the applicant's name,	8505
birth date, citizenship, physical description, current residence,	8506
residences for the preceding ten years, current employment,	8507
employment for the preceding seven years, experience	8508
qualifications, the location of each of the applicant's offices in	8509
this state, and any other information that is necessary in order	8510
for the director to comply with the requirements of this chapter.	8511
In the case of a corporation, the application shall state the name	8512
of the officer or qualifying agent filing the application; the	8513
state in which the corporation is incorporated and the date of	8514
incorporation; the states in which the corporation is authorized	8515
to transact business; the name of its qualifying agent; the name	8516
of the officer or qualifying agent of the corporation who	8517
satisfies the requirements of divisions (A)(1) and (F)(1) of this	8518
section and the birth date, citizenship, physical description,	8519
current residence, residences for the preceding ten years, current	8520
employment, employment for the preceding seven years, and	8521
experience qualifications of that officer or qualifying agent; and	8522
other information that the director requires. A corporation may	8523
specify in its application information relative to one or more	8524
individuals who satisfy the requirements of divisions (A)(1) and	8525
(F)(1) of this section.	8526

The application described in this division shall be	8527
accompanied by all of the following:	8528

(1) One recent full-face photograph of the applicant or, in	8529
the case of a corporation, of each officer or qualifying agent	8530
specified in the application as satisfying the requirements of	8531
divisions (A)(1) and (F)(1) of this section;	8532

(2) One complete set of the applicant's fingerprints or, in	8533
the case of a corporation, of the fingerprints of each officer or	8534
qualifying agent specified in the application as satisfying the	8535
requirements of divisions (A)(1) and (F)(1) of this section;	8536

(3) Character references from at least five reputable	8537
citizens for the applicant or, in the case of a corporation, for	8538
each officer or qualifying agent specified in the application as	8539
satisfying the requirements of divisions (A)(1) and (F)(1) of this	8540
section, each of whom has known the applicant, officer, or	8541
qualifying agent for at least five years preceding the	8542
application, and none of whom are connected with the applicant,	8543
officer, or qualifying agent by blood or marriage;	8544

(4) An examination fee of twenty-five dollars for the	8545
applicant or, in the case of a corporation, for each officer or	8546
qualifying agent specified in the application as satisfying the	8547
requirements of divisions (A)(1) and (F)(1) of this section, and a	8548
license fee of two hundred fifty dollars. The license fee shall be	8549
refunded if a license is not issued.	8550

(C) Upon receipt of the application and accompanying matter	8551
described in division (B) of this section, the director shall	8552
forward to the bureau of criminal identification and investigation	8553
a request that it make an investigation of the applicant or, in	8554
the case of a corporation, each officer or qualifying agent	8555
specified in the application as satisfying the requirements of	8556
divisions (A)(1) and (F)(1) of this section, to determine whether	8557
the applicant, officer, or qualifying agent meets the requirements	8558
of division (A)(1)(a) of this section. If the director determines	8559
that the applicant, officer, or qualifying agent meets the	8560
requirements of divisions (A)(1)(a), (b), and (d) of this section	8561
and that an officer or qualifying agent meets the requirement of	8562
division (F)(1) of this section, the director shall notify the	8563
applicant, officer, or agent of the time and place for the	8564
examination. If the director determines that an applicant does not	8565
meet the requirements of divisions (A)(1)(a), (b), and (d) of this	8566
section, the director shall notify the applicant that the	8567
applicant's application is refused and refund the license fee. If	8568
the director determines that none of the individuals specified in	8569
the application of a corporation as satisfying the requirements of	8570
divisions (A)(1) and (F)(1) of this section meet the requirements	8571
of divisions (A)(1)(a), (b), and (d) and (F)(1) of this section,	8572
the director shall notify the corporation that its application is	8573
refused and refund the license fee. If the director requests an	8574
investigation of any applicant, officer, or qualifying agent and	8575
if the bureau assesses the director a fee for the investigation,	8576
the director, in addition to any other fee assessed pursuant to	8577
this chapter, may assess the applicant, officer, or qualifying	8578
agent, as appropriate, a fee that is equal to the fee assessed by	8579
the bureau.	8580

(D) If upon application, investigation, and examination, the	8581
director finds that the applicant or, in the case of a	8582
corporation, any officer or qualifying agent specified in the	8583
application as satisfying the requirements of divisions (A)(1) and	8584
(F)(1) of this section, meets the applicable requirements, the	8585
director shall issue the applicant or the corporation a class A,	8586
B, or C license. The director also shall issue an identification	8587
card to an applicant, but not an officer or qualifying agent of a	8588
corporation, who meets the applicable requirements an	8589
~~identification card~~. The license and identification card shall	8590
state the licensee's name, the classification of the license, the	8591
location of the licensee's principal place of business in this	8592
state, and the expiration date of the license, and, in the case of	8593
a corporation, it also shall state the name of each officer or	8594
qualifying agent who satisfied the requirements of divisions	8595
(A)(1) and (F)(1) of this section.	8596

Licenses expire on the first day of March following the date	8597
of initial issue, and on the first day of March of each year	8598
thereafter. Renewals shall be according to the standard renewal	8599
procedures contained in Chapter 4745. of the Revised Code, upon	8600
payment of a renewal fee of two hundred fifty dollars. No license	8601
shall be renewed if the licensee or, in the case of a corporation,	8602
each officer or qualifying agent who qualified the corporation for	8603
licensure no longer meets the applicable requirements of this	8604
section. No license shall be renewed unless the licensee provides	8605
evidence of workers' compensation risk coverage and unemployment	8606
compensation insurance coverage, other than for clerical employees	8607
and excepting sole proprietors who are exempted therefrom, as	8608
provided for in Chapters 4123. and 4141. of the Revised Code,	8609
respectively, as well as the licensee's state tax identification	8610
number. No reexamination shall be required for renewal of a	8611
current license.	8612

For purposes of this chapter, a class A, B, or C license	8613
issued to a corporation shall be considered as also having	8614
licensed the individuals who qualified the corporation for	8615
licensure, for as long as they are associated with the	8616
corporation.	8617

For purposes of this division, "sole proprietor" means an	8618
individual licensed under this chapter who does not employ any	8619
other individual.	8620

(E) The director may issue a duplicate copy of a license	8621
issued under this section for the purpose of replacement of a	8622
lost, spoliated, or destroyed license, upon payment of a fee fixed	8623
by the director, not exceeding twenty-five dollars. Any change in	8624
license classification requires new application and application	8625
fees.	8626

(F)(1) In order to qualify a corporation for a class A, B, or	8627
C license, an officer or qualifying agent may qualify another	8628
corporation for similar licensure, provided that the officer or	8629
qualifying agent is actively engaged in the business of both	8630
corporations.	8631

(2) Each officer or qualifying agent who qualifies a	8632
corporation for class A, B, or C licensure shall surrender any	8633
personal license of a similar nature that the officer or	8634
qualifying agent possesses.	8635

(3) Upon written notification to the director, completion of	8636
an application similar to that for original licensure, surrender	8637
of the corporation's current license, and payment of a twenty-five	8638
dollar fee, a corporation's class A, B, or C license may be	8639
transferred to another corporation.	8640

(4) Upon written notification to the director, completion of	8641
an application similar to that for an individual seeking class A,	8642
B, or C licensure, payment of a twenty-five dollar fee, and, if	8643
the individual was the only individual that qualified a	8644
corporation for licensure, surrender of the corporation's license,	8645
any officer or qualifying agent who qualified a corporation for	8646
licensure under this chapter may obtain a similar license in the	8647
individual's own name without reexamination. A request by an	8648
officer or qualifying agent for an individual license shall not	8649
affect a corporation's license unless the individual is the only	8650
individual that qualified the corporation for licensure or all the	8651
other individuals who qualified the corporation for licensure	8652
submit such requests.	8653

(G) If a corporation is for any reason no longer associated	8654
with an individual who qualified it for licensure under this	8655
chapter, an officer of the corporation shall notify the director	8656
of that fact by certified mail, return receipt requested, within	8657
ten days after the association terminates. If the notification is	8658
so given, the individual was the only individual that qualified	8659
the corporation for licensure, and the corporation submits the	8660
name of another officer or qualifying agent to qualify the	8661
corporation for the license within thirty days after the	8662
association terminates, the corporation may continue to operate in	8663
the business of private investigation, the business of security	8664
services, or both businesses in this state under that license for	8665
ninety days after the association terminates. If the officer or	8666
qualifying agent whose name is so submitted satisfies the	8667
requirements of divisions (A)(1) and (F)(1) of this section, the	8668
director shall issue a new license to the corporation within that	8669
ninety-day period. The names of more than one individual may be so	8670
submitted.	8671

Sec. 4749.04. (A) The director of ~~commerce~~public safety may	8672
revoke, suspend, or refuse to renew, when a renewal form has been	8673
submitted, the license of any private investigator or security	8674
guard provider, or the registration of any employee of a private	8675
investigator or security guard provider, for any of the following:	8676

(1) Violation of any of the provisions of division (B) or (C)	8677
of section 4749.13 of the Revised Code;	8678

(2) Conviction of a felony or a crime involving moral	8679
turpitude;	8680

(3) Violation of any rule of the director governing private	8681
investigators, the business of private investigation, security	8682
guard providers, or the business of security services;	8683

(4) Testifying falsely under oath, or suborning perjury, in	8684
any judicial proceeding;	8685

(5) Failure to satisfy the requirements specified in division	8686
(D) of section 4749.03 of the Revised Code.	8687

Any person whose license or registration is revoked,	8688
suspended, or not renewed when a renewal form is submitted may	8689
appeal in accordance with Chapter 119. of the Revised Code.	8690

(B) In lieu of suspending, revoking, or refusing to renew the	8691
class A, B, or C license, or of suspending, revoking, or refusing	8692
to renew the registration of an employee of a class A, B, or C	8693
licensee, the director ~~of commerce~~ may impose a civil penalty of	8694
not more than one hundred dollars for each calendar day of a	8695
violation of any of the provisions of this section or of division	8696
(B) or (C) of section 4749.13 of the Revised Code or of a	8697
violation of any rule of the director governing private	8698
investigators, the business of private investigation, security	8699
guard providers, or the business of security services.	8700

Sec. 4749.05. (A) Each class A, B, or C licensee shall	8701
report the location of branch offices to the department of	8702
~~commerce~~public safety, and to the sheriff of the county and the	8703
police chief of any municipal corporation in which the office is	8704
located, and shall post a branch office license conspicuously in	8705
that office. Application for a branch office license shall be made	8706
on a form prescribed by the director of ~~commerce~~public safety,	8707
and a license shall be issued upon receipt of the form and payment	8708
of a fee fixed by the director, not exceeding one hundred dollars.	8709
If a licensee moves an office, hethe licensee shall notify, in	8710
writing, the department of ~~commerce~~public safety and any affected	8711
sheriff and chief of police within forty-eight hours of the	8712
change.	8713

This division does not apply to a licensed private	8714
investigator who is engaging in the business of private	8715
investigation as a registered employee of a licensed private	8716
investigator.	8717

(B) NoPursuant to Chapter 119. of the Revised Code, the	8718
director of public safety shall adopt rules regarding when a class	8719
A, B, or C licensee, or any of ~~his~~such a licensee's employees,	8720
~~shall engage in the business of private investigation or the~~	8721
~~business of security services unless, within twelve hours of his~~	8722
~~arrival, he reports his~~is required to report the licensee's or	8723
employee's presence and length of stay to the sheriff and police	8724
chief of any county or municipal corporation in which hethe	8725
licensee or employee operates. The rules shall include reporting	8726
requirements for licenses or employees conducting fraud	8727
investigations or physical surveillance.	8728

Sec. 4749.06. (A) Each class A, B, or C licensee shall	8729
register the licensee's investigator or security guard employees,	8730
with the department of ~~commerce~~public safety, which shall	8731
maintain a record of each licensee and registered employee and	8732
make it available, upon request, to any law enforcement agency.	8733
The class A, B, or C licensee shall file an application to	8734
register a new employee no sooner than three days nor later than	8735
seven calendar days after the date on which the employee is hired.	8736

(B)(1) Each employee's registration application shall be	8737
accompanied by one complete set of the employee's fingerprints,	8738
one recent photograph of the employee, the employee's physical	8739
description, and an eighteen-dollar registration fee.	8740

(2) If the director of public safety requests the bureau of	8741
criminal identification and investigation to conduct an	8742
investigation of a licensee's employee and if the bureau assesses	8743
the director a fee for the investigation, the director, in	8744
addition to any other fee assessed pursuant to this chapter, may	8745
assess the licensee a fee that is equal to the fee assessed by the	8746
bureau. If, after investigation, the bureau finds that the	8747
employee has not been convicted of a felony within the last twenty	8748
years, the director shall issue to the employee an identification	8749
card bearing the license number and signature of the licensee,	8750
which in the case of a corporation shall be the signature of its	8751
president or its qualifying agent, and containing the employee's	8752
name, address, age, physical description, and right thumb print or	8753
other identifying mark as the director prescribes, a recent	8754
photograph of the employee, and the employee's signature. The	8755
director may issue a duplicate of a lost, spoliated, or destroyed	8756
identification card issued under this section, upon payment of a	8757
fee fixed by the director, not exceeding five dollars.	8758

(C) Except as provided in division (E) of this section, no	8759
class A, B, or C licensee shall permit an employee, other than an	8760
individual who qualified a corporation for licensure, to engage in	8761
the business of private investigation, the business of security	8762
services, or both businesses until the employee receives an	8763
identification card from the department, except that pending the	8764
issuance of an identification card, a class A, B, or C licensee	8765
may offer for hire security guard or investigator employees	8766
provided the licensee obtains a waiver from the person who	8767
receives, for hire, security guard or investigative services,	8768
acknowledging that the person is aware the employees have not	8769
completed their registration and agreeing to their employment.	8770

(D) If a class A, B, or C licensee, or a registered employee	8771
of a class A, B, or C licensee, intends to carry a firearm, as	8772
defined in section 2923.11 of the Revised Code, in the course of	8773
engaging in the business or employment, the licensee or registered	8774
employee shall satisfactorily complete a firearms basic training	8775
program that includes twenty hours of handgun training and five	8776
hours of training in the use of other firearms, if any other	8777
firearm is to be used, or equivalency training, if authorized, or	8778
shall be a former peace officer who previously had successfully	8779
completed a firearms training course, shall receive a certificate	8780
of satisfactory completion of that program or written evidence of	8781
approval of the equivalency training, shall file an application	8782
for registration, shall receive a firearm-bearer notation on the	8783
licensee's or registered employee's identification card, and shall	8784
annually requalify on a firearms range, all as described in	8785
division (A) of section 4749.10 of the Revised Code. A private	8786
investigator, security guard provider, or employee is authorized	8787
to carry a firearm only in accordance with that division.	8788

(E) This section does not apply to commissioned peace	8789
officers, as defined in division (B) of section 2935.01 of the	8790
Revised Code, working for, either as an employee or independent	8791
contractor, a class A, B, or C licensee. For purposes of this	8792
chapter, a commissioned peace officer is an employee exempt from	8793
registration.	8794

Sec. 4749.07. (A) After refund of any license fees as	8795
required by section 4749.03 of the Revised Code, the department of	8796
~~commerce~~public safety shall pay all fees received pursuant to	8797
this chapter to the treasurer of state, to be credited to the	8798
private investigator and security guard provider fund, which is	8799
hereby created.	8800

(B) Moneys received in payment of fines levied pursuant to	8801
section 4749.99 of the Revised Code shall be distributed as	8802
follows:	8803

(1) One-third to the general fund of the municipal	8804
corporation or township in which the prosecution occurs;	8805

(2) One-third to the general fund of the county in which the	8806
prosecution occurs;	8807

(3) One-third to the private investigator and security guard	8808
provider fund.	8809

Sec. 4749.08. (A) No class A, B, or C licensee, or	8810
registered employee of a class A, B, or C licensee shall be	8811
considered, because of licensure or registration under this	8812
chapter, a law enforcement officer for any purpose. Nothing in	8813
this chapter shall be construed as granting the right to carry a	8814
concealed weapon.	8815

(B) The rules of the department of ~~commerce~~public safety	8816
adopted for the administration of this chapter shall include	8817
provisions to assure that any uniform or identification card shall	8818
be so designed as to avoid confusion of a private investigator,	8819
security guard provider, or registered employee with any law	8820
enforcement officer in this state.	8821

Sec. 4749.10. (A) No class A, B, or C licensee and no	8822
registered employee of a class A, B, or C licensee shall carry a	8823
firearm, as defined in section 2923.11 of the Revised Code, in the	8824
course of engaging in the business of private investigation, the	8825
business of security services, or both businesses, unless all of	8826
the following apply:	8827

(1) The licensee or employee either has successfully	8828
completed a basic firearm training program at a training school	8829
approved by the Ohio peace officer training commission, which	8830
program includes twenty hours of training in handgun use and, if	8831
any firearm other than a handgun is to be used, five hours of	8832
training in the use of other firearms, and has received a	8833
certificate of satisfactory completion of that program from the	8834
executive director of the commission; the licensee or employee	8835
has, within three years prior to November 27, 1985, satisfactorily	8836
completed firearms training that has been approved by the	8837
commission as being equivalent to such a program and has received	8838
written evidence of approval of that training from the executive	8839
director of the commission; or the licensee or employee is a	8840
former peace officer, as defined in section 109.71 of the Revised	8841
Code, who previously had successfully completed a firearms	8842
training course at a training school approved by the Ohio peace	8843
officer training commission and has received a certificate or	8844
other evidence of satisfactory completion of that course from the	8845
executive director of the commission.	8846

(2) The licensee or employee submits an application to the	8847
director of ~~commerce~~public safety, on a form prescribed by the	8848
director, in which the licensee or employee requests registration	8849
as a class A, B, or C licensee or employee who may carry a	8850
firearm. The application shall be accompanied by a copy of the	8851
certificate or the written evidence or other evidence described in	8852
division (A)(1) of this section, the identification card issued	8853
pursuant to section 4749.03 or 4749.06 of the Revised Code if one	8854
has previously been issued, a statement of the duties that will be	8855
performed while the licensee or employee is armed, and a fee of	8856
ten dollars. In the case of a registered employee, the statement	8857
shall be prepared by the employing class A, B, or C licensee.	8858

(3) The licensee or employee receives a notation on the	8859
licensee's or employee's identification card that the licensee or	8860
employee is a firearm-bearer and carries the identification card	8861
whenever the licensee or employee carries a firearm in the course	8862
of engaging in the business of private investigation, the business	8863
of security services, or both businesses.	8864

(4) At any time within the immediately preceding twelve-month	8865
period, the licensee or employee has requalified in firearms use	8866
on a firearms training range at a firearms requalification program	8867
certified by the Ohio peace officer training commission or on a	8868
firearms training range under the supervision of an instructor	8869
certified by the commission and has received a certificate of	8870
satisfactory requalification from the certified program or	8871
certified instructor, provided that this division does not apply	8872
to any licensee or employee prior to the expiration of eighteen	8873
months after the licensee's or employee's completion of the	8874
program described in division (A)(1) of this section. A	8875
certificate of satisfactory requalification is valid and remains	8876
in effect for twelve months from the date of the requalification.	8877

(5) If division (A)(4) of this section applies to the	8878
licensee or employee, the licensee or employee carries the	8879
certificate of satisfactory requalification that then is in effect	8880
or any other evidence of requalification issued or provided by the	8881
director.	8882

(B)(1) The director of ~~commerce~~public safety shall register	8883
an applicant under division (A) of this section who satisfies	8884
divisions (A)(1) and (2) of this section, and place a notation on	8885
the applicant's identification card indicating that the applicant	8886
is a firearm-bearer and the date on which the applicant completed	8887
the program described in division (A)(1) of this section.	8888

(2) A firearms requalification training program or instructor	8889
certified by the commission for the annual requalification of	8890
class A, B, or C licensees or employees who are authorized to	8891
carry a firearm under section 4749.10 of the Revised Code shall	8892
award a certificate of satisfactory requalification to each class	8893
A, B, or C licensee or registered employee of a class A, B, or C	8894
licensee who satisfactorily requalifies in firearms training. The	8895
certificate shall identify the licensee or employee and indicate	8896
the date of the requalification. A licensee or employee who	8897
receives such a certificate shall submit a copy of it to the	8898
director of ~~commerce~~public safety. A licensee shall submit the	8899
copy of the requalification certificate at the same time that the	8900
licensee makes application for renewal of the licensee's class A,	8901
B, or C license. The director shall keep a record of all copies of	8902
requalification certificates the director receives under this	8903
division and shall establish a procedure for the updating of	8904
identification cards to provide evidence of compliance with the	8905
annual requalification requirement. The procedure for the updating	8906
of identification cards may provide for the issuance of a new card	8907
containing the evidence, the entry of a new notation containing	8908
the evidence on the existing card, the issuance of a separate card	8909
or paper containing the evidence, or any other procedure	8910
determined by the director to be reasonable. Each person who is	8911
issued a requalification certificate under this division promptly	8912
shall pay to the Ohio peace officer training commission	8913
established by section 109.71 of the Revised Code a fee of five	8914
dollars, which fee shall be transmitted to the treasurer of state	8915
for deposit in the peace officer private security fund established	8916
by section 109.78 of the Revised Code.	8917

(C) Nothing in this section prohibits a private investigator	8918
or a security guard provider from carrying a concealed handgun if	8919
the private investigator or security guard provider complies with	8920
sections 2923.124 to 2923.1213 of the Revised Code.	8921

Sec. 4749.11. (A) The director of ~~commerce~~public safety may	8922
investigate any applicant for a class A, B, or C license, any	8923
principal officer or qualifying agent of a corporation who is	8924
specified in an application for licensure as satisfying the	8925
requirements of divisions (A)(1) and (F)(1) of section 4749.03 of	8926
the Revised Code, and any employee of a class A, B, or C licensee	8927
who seeks to be registered under section 4749.06 of the Revised	8928
Code to determine whether the individual satisfies the applicable	8929
requirements for licensure or registration.	8930

(B) The director ~~of commerce~~ may investigate, on ~~his~~the	8931
director's own initiative, the actions or proposed actions of a	8932
class A, B, or C licensee, or registered employee of a class A, B,	8933
or C licensee to determine whether the person is, has been, or	8934
will be in violation of section 4749.13 of the Revised Code. The	8935
director shall investigate any of these persons if a verified	8936
written complaint is filed indicating that a person has violated,	8937
or is or will be violating, section 4749.13 of the Revised Code,;	8938
the complaint is supported by evidence submitted with it,; and the	8939
director determines that a prima-facie case exists that a	8940
violation of that section is being, has been, or will be committed	8941
by the person.	8942

(C) The director ~~of commerce~~ may investigate, on ~~his~~the	8943
director's own initiative, the actions or proposed actions of a	8944
person who is not licensed or registered under this chapter and	8945
who appears to be acting as a class A, B, or C licensee, or	8946
employee of a class A, B, or C licensee. The director shall	8947
investigate such a person if a verified written complaint is filed	8948
indicating that a person was, is, or will be acting as a class A,	8949
B, or C licensee or employee of a class A, B, or C licensee but is	8950
not licensed or registered as such under this chapter,; the	8951
complaint is supported by evidence that is submitted with it,; and	8952
the director determines that a prima-facie case exists that the	8953
person was, is, or will be acting in the alleged manner.	8954

(D) In connection with investigations under divisions (B) and	8955
(C) of this section, the director ~~of commerce~~ may file an action	8956
with the court of common pleas of Franklin county or the court of	8957
common pleas of the county in which the person who is the subject	8958
of the investigation resides, is engaging in actions, or proposing	8959
to engage in actions, to obtain an injunction, restraining order,	8960
or other appropriate relief.	8961

(E) The director ~~of commerce~~ may compel by subpoena witnesses	8962
to appear and testify in relation to investigations under this	8963
chapter and may require by subpoena duces tecum the production of	8964
any book, paper, or document pertaining to an investigation. If a	8965
person does not comply with a subpoena or subpoena duces tecum,	8966
the director ~~of commerce~~ may apply to the court of common pleas of	8967
Franklin county for an order compelling the person to comply with	8968
the subpoena or subpoena duces tecum or, for failure to do so, to	8969
be held in contempt of court.	8970

(F) If, in an investigation under division (C) of this	8971
section, the director determines that a person is not a class A,	8972
B, or C licensee, or a registered employee of a class A, B, or C	8973
licensee, and that the person was, is, or will be acting in the	8974
alleged manner, the director may issue an order to the person to	8975
show cause why hethe person should not be subject to licensing or	8976
registration under this chapter. The director shall hold a hearing	8977
on the order, and if following the hearing hethe director	8978
determines that the person has engaged, or is or will be engaging,	8979
in activities requiring licensure or registration under this	8980
chapter, hethe director may issue a cease and desist order that	8981
shall describe the person and the activities that are the subject	8982
of it. The cease and desist order is enforceable in and may be	8983
appealed to a court of common pleas pursuant to Chapter 119. of	8984
the Revised Code.	8985

(G) In any proceeding or action brought under this chapter,	8986
the burden of proving an exemption from the licensure requirements	8987
of this chapter is on the person claiming the benefit of the	8988
exemption.	8989

Sec. 4749.12. (A) A person who is a resident of another	8990
state,; is licensed as a private investigator, security guard	8991
provider, or as a private investigator and a security guard	8992
provider in another state,; and wishes to engage in the business	8993
of private investigation, the business of security services, or	8994
both businesses in this state, shall be licensed pursuant to	8995
section 4749.03 of the Revised Code, but the director of ~~commerce~~	8996
public safety may waive the examination requirement of that	8997
section and issue a license to a nonresident under the	8998
circumstances described in division (B) of this section.	8999

(B) If a nonresident private investigator, security guard	9000
provider, or private investigator and security guard provider	9001
seeking licensure under this chapter submits with the application	9002
and accompanying matter specified in section 4749.03 of the	9003
Revised Code proof of licensure in another state, and if the	9004
requirements of divisions (A)(1)(a), (b), and (d) and, if	9005
applicable, (F)(1) of section 4749.03 of the Revised Code are	9006
satisfied and the nonresident meets all current requirements of	9007
the laws of the other state regulating the business of private	9008
investigation, the business of security services, or both	9009
businesses, the director ~~of commerce~~ may waive the examination	9010
requirement and fee of that section. This waiver authority may be	9011
exercised only if the director determines that the other state has	9012
a law similar to this division and extends to residents of this	9013
state a similar waiver of examination privilege.	9014

Sec. 4749.13. (A) No person shall engage in the business of	9015
private investigation, the business of security services, or both	9016
businesses in this state unless hethe person is licensed pursuant	9017
to this chapter. Each day of continuing violation constitutes a	9018
separate offense. Nothing in this chapter shall be construed to	9019
require any employee of a class A, B, or C licensee to obtain a	9020
class A, B, or C license, provided that an employee shall be	9021
registered by a licensee when required by section 4749.06 of the	9022
Revised Code. Nothing in this chapter shall be construed to	9023
require a partner to be a class A, B, or C licensee except as	9024
provided in division (A)(3) of section 4749.03 of the Revised	9025
Code. Nothing in this chapter shall be construed to require a	9026
director, officer, or qualifying agent of a corporation to	9027
individually be a class A, B, or C licensee if the corporation is	9028
licensed pursuant to this chapter.	9029

(B) No class A, B, or C licensee, or registered employee of a	9030
class A, B, or C licensee shall:	9031

(1) Knowingly violate any provision of this chapter or any	9032
rule of the director of ~~commerce~~public safety adopted for the	9033
administration of this chapter;	9034

(2) Knowingly make a false report with respect to any matter	9035
with which hethe licensee or registered employee is employed;	9036

(3) Divulge any information acquired from or for a client to	9037
persons other than the client or ~~his~~the client's authorized agent	9038
without express authorization to do so or unless required by law;	9039

(4) Knowingly accept employment which includes obtaining	9040
information intended for illegal purposes.	9041

(C) No person shall knowingly authorize or permit another	9042
person to violate any provision of this chapter or any rule of the	9043
director ~~of commerce~~ adopted for the administration of this	9044
chapter.	9045

(D) No person who is not licensed as a class A, B, or C	9046
licensee shall advertise that hethe person is or otherwise hold	9047
~~himself~~self out as a class A, B, or C licensee. This division	9048
does not prohibit registered employees from indicating in the	9049
course of authorized employment for a class A, B, or C licensee	9050
that they are authorized to engage in investigatory, security	9051
services activities, or both activities.	9052

Sec. 4749.14. On receipt of a notice pursuant to section	9053
3123.43 of the Revised Code, the director of ~~commerce~~public	9054
safety shall comply with sections 3123.41 to 3123.50 of the	9055
Revised Code and any applicable rules adopted under section	9056
3123.63 of the Revised Code with respect to a license issued	9057
pursuant to this chapter.	9058

Sec. 4905.06. The public utilities commission has general	9059
supervision over all public utilities within its jurisdiction as	9060
defined in section 4905.05 of the Revised Code, and may examine	9061
such public utilities and keep informed as to their general	9062
condition, capitalization, and franchises, and as to the manner in	9063
which their properties are leased, operated, managed, and	9064
conducted with respect to the adequacy or accommodation afforded	9065
by their service, the safety and security of the public and their	9066
employees, and their compliance with all laws, orders of the	9067
commission, franchises, and charter requirements. The commission	9068
has general supervision over all other companies referred to in	9069
section 4905.05 of the Revised Code to the extent of its	9070
jurisdiction as defined in that section, and may examine such	9071
companies and keep informed as to their general condition and	9072
capitalization, and as to the manner in which their properties are	9073
leased, operated, managed, and conducted with respect to the	9074
adequacy or accommodation afforded by their service, and their	9075
compliance with all laws and orders of the commission, insofar as	9076
any of such matters may relate to the costs associated with the	9077
provision of electric utility service by public utilities in this	9078
state which are affiliated or associated with such companies. The	9079
commission, through the public utilities commissioners or	9080
inspectors or employees of the commission authorized by it, may	9081
enter in or upon, for purposes of inspection, any property,	9082
equipment, building, plant, factory, office, apparatus, machinery,	9083
device, and lines of any public utility. The power to inspect	9084
includes the power to prescribe any rule or order that the	9085
commission finds necessary for protection of the public safety. In	9086
order to assist the commission in the performance of its duties	9087
under this chapter, authorized employees of the ~~commercial~~ motor	9088
~~vehicle safety~~carrier enforcement unit, created under section	9089
5503.34 of the Revised Code in the division of state highway	9090
patrol, of the department of public safety may enter in or upon,	9091
for inspection purposes, any motor vehicle of any motor	9092
transportation company or private motor carrier as defined in	9093
section 4923.02 of the Revised Code.	9094

In order to inspect motor vehicles owned or operated by a	9095
motor transportation company engaged in the transportation of	9096
persons, authorized employees of the ~~commercial~~ motor ~~vehicle~~	9097
~~safety~~carrier enforcement unit, division of state highway patrol,	9098
of the department of public safety may enter in or upon any	9099
property of any motor transportation company, as defined in	9100
section ~~4913.02~~4921.02 of the Revised Code, engaged in the	9101
intrastate transportation of persons.	9102

Sec. 4919.79. (A) The public utilities commission may adopt	9103
safety rules applicable to the highway transportation and offering	9104
for transportation of hazardous materials in interstate commerce,	9105
which highway transportation takes place into or through this	9106
state.	9107

(B) The commission may adopt safety rules applicable to the	9108
highway transportation of persons or property in interstate	9109
commerce, which transportation takes place into or through this	9110
state.	9111

(C) Rules adopted under divisions (A) and (B) of this section	9112
shall be consistent with, and equivalent in scope, coverage, and	9113
content to, the "Hazardous Materials Transportation Act," 88 Stat.	9114
2156 (1975), 49 U.S.C.A. 1801, as amended, and regulations adopted	9115
under it, and the "Motor Carrier Safety Act of 1984," 98 Stat.	9116
2832, 49 U.S.C.A. 2501, and regulations adopted under it,	9117
respectively. No person shall violate a rule adopted under	9118
division (A) or (B) of this section or any order of the commission	9119
issued to secure compliance with any such rule.	9120

(D) The commission shall cooperate with, and permit the use	9121
of, the services, records, and facilities of the commission as	9122
fully as practicable by appropriate officers of the interstate	9123
commerce commission, the United States department of	9124
transportation, and other federal agencies or commissions and	9125
appropriate commissions of other states in the enforcement and	9126
administration of state and federal laws relating to highway	9127
transportation by motor vehicles. The commission may enter into	9128
cooperative agreements with the interstate commerce commission,	9129
the United States department of transportation, and any other	9130
federal agency or commission to enforce the economic and safety	9131
laws and rules of this state and of the United States concerning	9132
highway transportation by motor vehicles. All grants-in-aid, cash,	9133
and reimbursements received by the commission pursuant to those	9134
cooperative agreements shall be deposited to the credit of the	9135
motor carrier safety fund, which is hereby created in the state	9136
treasury, to be used by the commission for the purpose of carrying	9137
out this section.	9138

(E) To achieve the purposes of this section, the commission	9139
~~may~~, through its inspectors or other authorized employees, may	9140
inspect any vehicles of carriers of persons or property in	9141
interstate commerce subject to the safety rules prescribed by this	9142
section and may enter upon the premises and vehicles of such	9143
carriers to examine any of the carriers' records or documents that	9144
relate to the safety of operation of such carriers. In order to	9145
assist the commission in the performance of its duties under this	9146
section, authorized employees of the ~~commercial~~ motor ~~vehicle~~	9147
~~safety~~carrier enforcement unit, created under section 5503.34 of	9148
the Revised Code in the division of state highway patrol, of the	9149
department of public safety may enter in or upon, for purposes of	9150
inspection, any vehicle of any such carrier.	9151

In order to inspect motor vehicles owned or operated by	9152
private motor carriers of persons, authorized employees of the	9153
~~commercial~~ motor ~~vehicle safety~~carrier enforcement unit, division	9154
of state highway patrol, of the department of public safety may	9155
enter in or upon the premises of any private carrier of persons in	9156
interstate commerce, subject to the safety rules prescribed by	9157
this section.	9158

Sec. 4923.20. (A) As used in this section:

9159

(1) "Private motor carrier" has the same meaning as in	9160
section 4923.02 of the Revised Code, except that it includes only	9161
private motor carriers operating on a not-for-hire basis and	9162
excludes all private motor carriers operating on a for-hire basis.	9163

(2) "Commercial motor vehicle" has the same meaning as in the	9164
"Commercial Motor Vehicle Safety Act of 1986," 49 U.S.C.A. 2701,	9165
as amended, except that "commerce" means trade, traffic, and	9166
transportation solely within this state.	9167

(B) The public utilities commission may adopt and enforce	9168
rules concerning the safety of operation of commercial motor	9169
vehicles by private motor carriers, except that the rules shall	9170
not affect any rights or duties granted to or imposed upon the	9171
operator of such a motor vehicle by Chapter 4511. of the Revised	9172
Code.	9173

(C) The commission may adopt safety rules applicable to the	9174
transportation of hazardous materials by private motor carriers by	9175
means of commercial motor vehicles and applicable to the offering	9176
of hazardous materials for such transportation. The rules shall be	9177
consistent with, and equivalent in scope, coverage, and content	9178
to, the "Hazardous Materials Transportation Act," 88 Stat. 2156	9179
(1975), 49 U.S.C.A. 1801, as amended, and regulations adopted	9180
under it.	9181

(D) To achieve the purposes of this section, the commission	9182
may, through inspectors or other authorized employees, inspect any	9183
motor vehicles of such carriers and may enter upon the premises	9184
and vehicles of the carriers to examine any of the carriers'	9185
records or documents that relate to the safety of operation of	9186
private motor carriers. In order to assist the commission in	9187
performing its duties under this section, authorized employees of	9188
the ~~commercial~~ motor ~~vehicle safety~~carrier enforcement unit,	9189
created under section 5503.34 of the Revised Code in the division	9190
of state highway patrol, of the department of public safety may	9191
enter in or upon, for purposes of inspection, any motor vehicle of	9192
any such carrier.	9193

In order to inspect motor vehicles owned or operated by	9194
private motor carriers engaged in the transportation of persons,	9195
authorized employees of the ~~commercial~~ motor ~~vehicle safety~~	9196
carrier enforcement unit, division of state highway patrol, of the	9197
department of public safety may enter in or upon the premises of	9198
any private motor carrier engaged in the intrastate transportation	9199
of persons.	9200

(E) No private motor carrier or person offering hazardous	9201
materials for transportation by private motor carrier shall fail	9202
to comply with any order, decision, or rule adopted under this	9203
section or any order of the commission issued to secure compliance	9204
with any such rule.	9205

Sec. 5502.01. (A) The department of public safety shall	9206
administer and enforce the laws relating to the registration,	9207
licensing, sale, and operation of motor vehicles and the laws	9208
pertaining to the licensing of drivers of motor vehicles.	9209

The department shall compile, analyze, and publish statistics	9210
relative to motor vehicle accidents and the causes of them,	9211
prepare and conduct educational programs for the purpose of	9212
promoting safety in the operation of motor vehicles on the	9213
highways, and conduct research and studies for the purpose of	9214
promoting safety on the highways of this state.	9215

(B) The department shall administer the laws and rules	9216
relative to trauma and emergency medical services specified in	9217
Chapter 4765. of the Revised Code.	9218

(C) The department shall administer and enforce the laws	9219
contained in Chapters 4301. and 4303. of the Revised Code and	9220
enforce the rules and orders of the liquor control commission	9221
pertaining to retail liquor permit holders.	9222

(D) The department shall administer the laws governing the	9223
state emergency management agency and shall enforce all additional	9224
duties and responsibilities as prescribed in the Revised Code	9225
related to emergency management services.	9226

(E) The department shall conduct investigations pursuant to	9227
Chapter 5101. of the Revised Code in support of the duty of the	9228
department of job and family services to administer food stamp	9229
programs throughout this state. The department of public safety	9230
shall conduct investigations necessary to protect the state's	9231
property rights and interests in the food stamp program.	9232

(F) The department of public safety shall enforce compliance	9233
with orders and rules of the public utilities commission and	9234
applicable laws in accordance with Chapters 4919., 4921., and	9235
4923. of the Revised Code regarding commercial motor vehicle	9236
transportation safety, economic, and hazardous materials	9237
requirements.	9238

(G) Notwithstanding Chapter 4117. of the Revised Code, the	9239
department of public safety may establish requirements for its	9240
enforcement personnel, including its enforcement agents described	9241
in section 5502.14 of the Revised Code, that include standards of	9242
conduct, work rules and procedures, and criteria for eligibility	9243
as law enforcement personnel.	9244

(H) The department shall administer, maintain, and operate	9245
the Ohio criminal justice network. The Ohio criminal justice	9246
network shall be a computer network that supports state and local	9247
criminal justice activities. The network shall be an electronic	9248
repository for various data, which may include arrest warrants,	9249
notices of persons wanted by law enforcement agencies, criminal	9250
records, prison inmate records, stolen vehicle records, vehicle	9251
operator's licenses, and vehicle registrations and titles.	9252

(I) The department shall coordinate all homeland security	9253
activities of all state agencies and shall be a liaison between	9254
state agencies and local entities for those activities and related	9255
purposes.	9256

(J) Beginning July 1, 2004, the department shall administer	9257
and enforce the laws relative to private investigators and	9258
security service providers specified in Chapter 4749. of the	9259
Revised Code.	9260

Sec. 5502.011. (A) As used in this section, "department of	9261
public safety" and "department" include all divisions within the	9262
department of public safety.	9263

(B) The director of the department of public safety is the	9264
chief executive and administrative officer of the department. The	9265
director may establish policies governing the department, the	9266
performance of its employees and officers, the conduct of its	9267
business, and the custody, use, and preservation of departmental	9268
records, papers, books, documents, and property. The director also	9269
may authorize and approve investigations to be conducted by any of	9270
the department's divisions. Whenever the Revised Code imposes a	9271
duty upon or requires an action of the department, the director	9272
may perform the action or duty in the name of the department or	9273
direct such performance to be performed by the director's	9274
designee.	9275

(C) In addition to any other duties enumerated in the Revised	9276
Code, the director or the director's designee shall do all of the	9277
following:	9278

(1) Administer and direct the performance of the duties of	9279
the department;	9280

(2) Pursuant to Chapter 119. of the Revised Code, approve,	9281
adopt, and prescribe such forms and rules as are necessary to	9282
carry out the duties of the department;	9283

(3) On behalf of the department and in addition to any	9284
authority the Revised Code otherwise grants to the department,	9285
have the authority and responsibility for approving and entering	9286
into contracts, agreements, and other business arrangements;	9287

(4) Make appointments for the department as needed to comply	9288
with requirements of the Revised Code;	9289

(5) Approve employment actions of the department, including	9290
appointments, promotions, discipline, investigations, and	9291
terminations;	9292

(6) Accept, hold, and use, for the benefit of the department,	9293
any gift, donation, bequest, or devise, and may agree to and	9294
perform all conditions of the gift, donation, bequest, or devise,	9295
that are not contrary to law;	9296

(7) Do all other acts necessary or desirable to carry out	9297
this chapter.	9298

(D)(1) The director of public safety may assess a reasonable	9299
fee, plus the amount of any charge or fee passed on from a	9300
financial institution, on a drawer or indorser for each of the	9301
following:	9302

(a) A check, draft, or money order that is returned or	9303
dishonored;	9304

(b) An automatic bank transfer that is declined, due to	9305
insufficient funds or for any other reason;	9306

(c) Any financial transaction device that is returned or	9307
dishonored for any reason.	9308

(2) The director shall deposit any fee collected under this	9309
division in an appropriate fund as determined by the director	9310
based on the tax, fee, or fine being paid.	9311

(3) As used in this division, "financial transaction device"	9312
has the same meaning as in section 113.40 of the Revised Code.	9313

Sec. 5502.11. Every law enforcement agency representing a	9314
township, county, municipal corporation, or other political	9315
subdivision investigating a motor vehicle accident involving a	9316
fatality, personal injury, or property damage in an amount ~~not~~	9317
~~less~~greater than ~~one hundred fifty~~four hundred dollars shall,	9318
within five days, forward a written report of such accident to the	9319
director of public safety on a form which the director shall adopt	9320
subject to sections 119.01 to 119.13 of the Revised Code.	9321

Sec. 5503.34. There is hereby created in the department of	9322
public safety, division of state highway patrol, a ~~commercial~~	9323
motor ~~vehicle safety~~carrier enforcement unit, to be administered	9324
by the superintendent of the state highway patrol. This unit shall	9325
be responsible for enforcement of commercial motor vehicle	9326
transportation safety, economic, and hazardous materials	9327
requirements.	9328

The superintendent, with the approval of the director of	9329
public safety, may appoint and maintain necessary staff to carry	9330
out the duties assigned under this section.	9331

Employees of the ~~commercial~~ motor ~~vehicle safety~~carrier	9332
enforcement unit shall cooperate with the public utilities	9333
commission to enforce compliance with orders and rules of the	9334
commission, applicable laws under Chapters 4919., 4921., and 4923.	9335
of the Revised Code, and any other applicable laws or rules.	9336

Uniformed employees of the ~~commercial~~ motor ~~vehicle safety~~	9337
carrier enforcement unit may stop commercial motor vehicles for	9338
the exclusive purpose of inspecting such vehicles to enforce	9339
compliance with orders and rules of the public utilities	9340
commission as required by division (F) of section 5502.01 of the	9341
Revised Code.	9342

Sec. 5516.01. As used in sections 5516.01 to 5516.14 of the	9343
Revised Code:	9344

(A) "Advertising device" includes any outdoor sign, display,	9345
device, figure, painting, drawing, message, placard, poster,	9346
billboard, or any other contrivance designed, intended, or used to	9347
advertise or to give information in the nature of advertising, or	9348
any part thereof, the advertising or informative contents of which	9349
are visible from the main traveled way of any highway on the	9350
interstate system or primary system in this state.	9351

(B) "Visible" means capable of being seen and comprehended	9352
without visual aid by a person traveling the posted speed limit on	9353
the main traveled way of the highway.	9354

(C) "Interstate system" means that portion of the interstate	9355
system, or the national highway system, located within this state,	9356
as designated by the director of transportation and approved by	9357
the secretary of transportation of the United States, pursuant to	9358
23 U.S.C.A. 103(b) and (e).	9359

(D) "Erect" means to construct or allow to be constructed,	9360
but it shall not include any activity when performed as an	9361
incident to the change of advertising message or normal	9362
maintenance of a sign or sign structure.	9363

(E) "Maintain" means to preserve, keep in repair, continue,	9364
allow to exist, or restore.	9365

(F) "National policy" means the provisions of 23 U.S.C.A. 131	9366
and the national standards, criteria, and rules promulgated	9367
pursuant to such provisions.	9368

(G) "Primary system" means that portion of the state highway	9369
system or national highway system located within this state as	9370
designated by the director and approved by the secretary of	9371
transportation of the United States, pursuant to 23 U.S.C.A.	9372
103(b).	9373

(H) "Zoned commercial or industrial areas" means those	9374
nonagricultural areas which are reserved for business, commerce,	9375
or trade, pursuant to local zoning laws, regulations, or state	9376
laws.	9377

(I) "Unzoned commercial or industrial area" means an area not	9378
zoned by state or local law, regulation, or ordinance, in which	9379
there is located one or more commercial or industrial activities.	9380
Such area may also include the lands along the highway for a	9381
distance of eight hundred fifty feet immediately adjacent to such	9382
activities. This distance shall be measured from the buildings,	9383
parking lots, storage or processing areas of the activities, and	9384
along or parallel to the near edge of the main traveled way of the	9385
highway. This distance shall not include land on the opposite side	9386
of the highway from such activities, nor land predominantly used	9387
for residential purposes. An area shall be considered	9388
predominately residential if fifty per cent or more of the eight	9389
hundred feet immediately adjacent to the activities contains land	9390
used as residential property. Each side of the highway will be	9391
considered separately in applying this definition.	9392

(J) "Commercial or industrial activities" means those	9393
activities generally recognized as commercial or industrial by	9394
zoning authorities of this state. The following activities shall	9395
not be considered commercial or industrial:	9396

(1) Activities relating to advertising structures;

9397

(2) Agricultural, forestry, ranching, grazing, farming, and	9398
related activities, including, but not limited to, activities	9399
relating to wayside fresh produce stands;	9400

(3) Transient or temporary activities;

9401

(4) Activities not visible from the main traveled way;

9402

(5) Activities located more than six hundred sixty feet from	9403
the nearest edge of the right-of-way;	9404

(6) Activities conducted in a building principally used as a	9405
residence;	9406

(7) Activities relating to railroad tracks and minor sidings;

9407

(8) Activities relating to highways, roads, and streets.

9408

(K) "Directional and official signs and notices" means those	9409
signs and notices that are required or authorized by law and	9410
conform to the rules for such signs and notices as adopted by the	9411
director in accordance with 23 C.F.R. 750.151 to 750.155.	9412

(L) "Nonconforming advertising device" means an advertising	9413
device that was:	9414

(1) Lawfully in existence prior to December 7, 1971;

9415

(2) Lawfully on any highway made a part of the interstate	9416
system or primary highway system on or after December 7, 1971;	9417

(3) Lawfully erected prior to any revision in the law	9418
effective December 7, 1971; or	9419

(4) Lawfully erected but:

9420

(a) No longer in compliance with the provisions of state law	9421
enacted or rules adopted at a later date; or	9422

(b) No longer in compliance with state laws or rules due to	9423
changed conditions, including, but not limited to, zoning changes,	9424
highway relocation, highway reclassification, or changes in	9425
restrictions on sizing, lighting, spacing, or distance of	9426
advertising devices.	9427

Illegally erected or maintained advertising devices are not	9428
nonconforming signs.	9429

(M) "Scenic byway" means any linear transportation corridor	9430
as designated or as may hereafter be so designated by the director	9431
under the Ohio scenic byways program as having outstanding scenic	9432
qualities.	9433

(N) "Director" means the director of the Ohio department of	9434
transportation.	9435

(O) "Commercial or industrial zone" means those areas	9436
established by any state, county, municipal, or other local zoning	9437
authority as being most appropriate for business, commerce,	9438
industry, or trade. Any action taken by a state, county,	9439
municipal, or other local zoning authority that is not part of	9440
comprehensive zoning and is created primarily to permit outdoor	9441
advertising devices shall not be considered a commercial or	9442
industrial zone for purposes of this chapter.	9443

(P) "Last permit holder" includes any of the following:

9444

(1) The most recent holder of the advertising device permit;

9445

(2) A business, cooperative, corporation, enterprise, joint	9446
venture, limited liability company, partnership, sole	9447
proprietorship or subsidiary, the viability of which is dependant	9448
on its relationship with the most recent holder of the advertising	9449
device permit;	9450

(3) Any person or entity that is closely related to or	9451
closely connected with the most recent holder of the advertising	9452
device permit.	9453

(Q) "Professional sports facility" means all or a portion of	9454
a stadium, arena, motorsports complex, or other facility,	9455
including all parking facilities, walkways, and other auxiliary	9456
facilities that may be used for or in connection with the sports	9457
facility or its operation, the primary purpose of which is to	9458
provide a site or venue for the presentation to the public of	9459
either of the following:	9460

(1) Events of one or more major or minor league professional	9461
athletic or sports teams that are associated with the state or	9462
with a city or region of the state;	9463

(2) Motorsports events.

9464

Sec. 5516.04. (A) Any advertising device that violates	9465
section 5516.02, 5516.06, or 5516.061, or 5516.062 of the Revised	9466
Code or the rules adopted thereunder, or that is being maintained	9467
without a validly issued permit, is a public and private nuisance,	9468
and shall be removed. Immediately upon discovering the existence	9469
of such a nuisance, the director of transportation shall issue an	9470
order to the owner or lessee of the land on which such advertising	9471
device is located, and to the owner of such advertising device, if	9472
known, to remove the device or to initiate any remedial action	9473
specified in the order, within thirty days of the issuance of the	9474
order. The order shall be in writing and shall be sent by	9475
certified mail. If the owner of the advertising device is unknown,	9476
the director shall make a reasonable attempt to ascertain the	9477
identity of such owner.	9478

If such owner cannot be determined or the certified mail is	9479
not claimed, the director may post a copy of the order in a	9480
conspicuous place on the advertising device.	9481

If removal or remediation is not completed within thirty days	9482
of the date of the order, the director immediately may remove the	9483
sign without further notice or may file for an injunction or other	9484
appropriate relief in a civil action for abatement in the court of	9485
common pleas of the county in which the advertising device is	9486
located. A copy of the complaint shall be served upon the owner or	9487
lessee of the land and the owner of the device, if known, in	9488
accordance with the Rules of Civil Procedure. If certified mail	9489
service, personal service, or residence service of the complaint	9490
is refused, or certified mail service is not claimed and the	9491
director has made a request for ordinary mail service of the	9492
complaint, or has used publication service in accordance with the	9493
Rules of Civil Procedure, then a copy of the complaint shall be	9494
posted in a conspicuous place on the advertising device.	9495

The court in a civil action for abatement shall conduct a	9496
hearing at least twenty-eight days after service of the complaint	9497
on the owner of the advertising device and the owner or lessee of	9498
the land. If the court finds at the hearing that a violation of	9499
sections 5516.02 to 5516.04 of the Revised Code exists as alleged	9500
in the complaint and also finds that the owner of the advertising	9501
device or the owner or lessee of the land has been afforded an	9502
opportunity to abate the nuisance but has refused or failed to do	9503
so, the court may issue an injunction requiring the owner of the	9504
advertising device or the owner or lessee of the land to abate the	9505
nuisance or may issue any other order that it considers necessary	9506
or appropriate to cause the abatement of the public nuisance. If	9507
an injunction is issued pursuant to this section, the owner of the	9508
advertising device or the owner or lessee of the land shall be	9509
given no more than thirty days from the date of the entry of the	9510
court's order to comply with the injunction, unless the court, for	9511
good cause shown, extends the time for compliance. The judge in	9512
any civil action described in this section, or the judge's	9513
successor in office, has continuing jurisdiction to review the	9514
condition of any advertising device that was determined to be a	9515
public nuisance pursuant to this section.	9516

(B) If the department removes an advertising device pursuant	9517
to an order of the director, the cost or expense of such removal	9518
shall be paid by the director out of any appropriation of the	9519
department of transportation available for the establishment, use,	9520
maintenance, or repair of highways, and the amount thereof shall	9521
be certified to the attorney general for collection by civil	9522
action against the device owner or the owner or lessee of the land	9523
on which such advertising device is located. Such owners and	9524
lessees shall be jointly liable for such costs or expenses.	9525

(C) Employees, agents, or independent contractors of the	9526
department of transportation may enter upon private property for	9527
the purpose of removing advertising devices in accordance with	9528
this section, without incurring any liability for so entering.	9529

Sec. 5516.061. No advertising device shall be erected	9530
outside of urban areas ~~between~~further than six hundred sixty feet	9531
~~and three thousand feet of~~from the right-of-way of the main	9532
traveled way of a highway on the interstate or primary system if	9533
such device would be visible from such main traveled way, except	9534
the following:	9535

(A) Directional and official signs and notices that conform	9536
to rules adopted by the director of transportation;	9537

(B) Signs advertising the sale or lease of the property upon	9538
which they are located;	9539

(C) Advertising devices indicating the name of the business,	9540
activities, or profession conducted on such property or that	9541
identify the goods produced, sold, or services rendered on such	9542
property and that conform to rules adopted by the director;	9543

(D) Signs lawfully in existence on October 22, 1965, that the	9544
director, subject to the approval of the secretary of the United	9545
States department of transportation, has determined to be landmark	9546
signs, including signs on farm structures or natural surfaces,	9547
which are of historic or artistic significance.	9548

Any advertising device lawfully in existence prior to	9549
November 28, 1975, or lawfully on any highway made a part of the	9550
interstate or primary system on or after that date, the erection	9551
of which would be illegal under this section, is nonconforming,	9552
and may be maintained subject to the permit provisions of section	9553
5516.10 of the Revised Code. An advertising device existing prior	9554
to the effective date of this section which would be illegal under	9555
this section shall be considered a nonconforming advertising	9556
device and may be maintained subject to the permit provisions of	9557
section 5516.10 of the Revised Code.	9558

As used in this section, "urban area" means an urbanized area	9559
or an urban place as designated by the bureau of the census having	9560
a population of five thousand or more, and within boundaries	9561
approved by the United States secretary of transportation.	9562

Sec. 5516.062. (A) No person shall erect, use, maintain,	9563
operate, construct, or cause or permit to be erected, used,	9564
maintained, operated, or constructed any advertising device that	9565
is located both inside an urban area, as defined by section	9566
5516.061 of the Revised Code, and outside the boundaries of a	9567
municipal corporation as such boundaries existed on September 21,	9568
1959, without first obtaining a permit and permit plates from the	9569
director of transportation pursuant to section 5516.10 of the	9570
Revised Code.	9571

(B) An advertising device existing prior to the effective	9572
date of this section which would be illegal under this section	9573
shall be considered a nonconforming advertising device and may be	9574
maintained subject to the permit provisions of section 5516.10 of	9575
the Revised Code.	9576

Sec. 5516.10. (A) No person shall do either of the following	9577
without first obtaining a permit and permit plates from the	9578
director of transportation:	9579

(1) Erect, use, maintain, operate, construct, or cause or	9580
permit to be erected, used, maintained, operated, or constructed,	9581
any advertising device located in either of the following:	9582

(a) Commercial or industrial zones traversed by segments of	9583
the interstate system within the boundaries of a municipal	9584
corporation as such boundaries existed on September 21, 1959;	9585

(b) Zoned or unzoned industrial or commercial areas adjacent	9586
to highways on the primary system.	9587

(2) Maintain any nonconforming advertising device.

9588

(B) Applications for such a permit shall be made on forms	9589
prescribed by the director, and a separate application shall be	9590
submitted for each sign face. The director shall adopt rules	9591
setting forth the requirements for completion of the application	9592
process and the issuance of permits consistent with this section.	9593

(1) As part of the application process, the director may	9594
require an acknowledgment to be signed by the owner or person in	9595
lawful possession or control of the proposed location of the	9596
advertising device. Such acknowledgment may include, but shall not	9597
be limited to, a statement that the applicant has the right to	9598
occupy the land at the subject location, that if at any time	9599
removal is required, the owner or person in lawful possession or	9600
control of the location may be jointly liable, and that the	9601
applicant may only occupy the land for a specified time period. If	9602
legal use of the location is terminated at any time during the	9603
permit period, the permit is subject to cancellation pursuant to	9604
section 5516.12 of the Revised Code.	9605

(2) As part of the application process, the director may	9606
require an applicant or the applicant's authorized representative	9607
to certify in a notarized signed statement that the applicant has	9608
not knowingly provided materially false, misleading, or inaccurate	9609
information.	9610

(3) Each application shall be accompanied by the appropriate	9611
application fee as set forth in the fee schedule established by	9612
the director. Such fee schedule shall be based on the reasonable	9613
cost of administering and processing such permits. Application	9614
fees shall be nonrefundable.	9615

(4) Applications for permits shall be disapproved and permits	9616
shall not be issued under any of the following conditions:	9617

(a) The proposed location for an advertising device is not	9618
visible from the main traveled portion of the highway due to	9619
existing landscaping on the right-of-way of any highway.	9620

(b) The advertising device can be erected or maintained only	9621
from the right-of-way of an interstate or primary highway system.	9622

(c) The proposed location for the advertising device is on	9623
land that is used principally as a residence.	9624

(d) The advertising device is erected or maintained on trees,	9625
or painted or drawn upon rocks or other natural features.	9626

(e) The advertising device would be a traffic hazard or a	9627
danger to the safety of the traveling public.	9628

(f) The advertising device would prevent the driver of a	9629
motor vehicle from having a clear and unobstructed view of	9630
official signs and approaching or merging traffic.	9631

(g) The advertising device is illuminated so as to interfere	9632
with the effectiveness of an official sign, signal, or other	9633
traffic control device.	9634

(h) The advertising device attempts, or appears to attempt,	9635
to direct the movement of traffic, or interferes with, imitates,	9636
or resembles an official sign, signal, or other traffic control	9637
device.	9638

(C) The issuance of a permit under this section shall not be	9639
construed to invalidate municipal ordinances requiring a permit or	9640
license or providing for an inspection fee for advertising	9641
devices, or regulating such advertising devices. The cost of the	9642
application fee for such permits or licenses issued, or the cost	9643
of initial inspection fees charged under municipal ordinances	9644
shall be credited against and shall reduce the cost of the permit	9645
issued by the director under this section. If a permit is issued	9646
by a zoning authority pursuant to its ordinances, rules, or	9647
regulations controlling outdoor advertising devices, a copy	9648
thereof shall be furnished to the director with any application	9649
for a new permit required by this section or within thirty days of	9650
its issuance by a zoning authority.	9651

(D) Where an application is submitted for the erection, use,	9652
maintenance, operation, or construction of an advertising device,	9653
the director may conditionally approve such application as to	9654
location only, and final approval shall remain pending until the	9655
advertising device is erected, used, maintained, or constructed or	9656
becomes operational. Upon notification by the permit applicant	9657
that the erection, use, maintenance, construction, or operation of	9658
the advertising device is completed, the director shall verify	9659
that the advertising device complies with the terms and conditions	9660
of the conditional permit. Upon verification of compliance with	9661
the terms and conditions of the conditional permit, the director	9662
may approve and issue a permit and permit plates, which shall be	9663
securely and permanently attached in the corner of the face of the	9664
advertising device nearest to the highway in such a manner as to	9665
be visible from the main traveled way of the interstate or primary	9666
highway system. Replacement plates may be issued upon request and	9667
upon the payment of a replacement fee to be determined by the	9668
director.	9669

(E) All permits issued pursuant to this section shall be in	9670
effect for a period of two years. Permits may be renewed upon	9671
application made on forms designated by the director and upon the	9672
payment of a nonrefundable renewal fee in an amount to be	9673
determined by the director based on the reasonable cost of	9674
administering and processing such renewal permits. Any permits	9675
that are not renewed, and any permit plates issued in connection	9676
with such permits, shall be returned to the director for	9677
cancellation by the expiration date. The director may adopt rules	9678
for the reinstatement of permits canceled as a result of	9679
nonpayment of renewal fees, and shall develop a fee schedule for	9680
late renewals.	9681

(F)(1) Where the director conditionally approves the issuance	9682
of a permit as to location only and the permit applicant fails to	9683
~~exercise the privilege of constructing, erecting, using,~~	9684
~~operating, or maintaining~~construct, erect, use, operate, or	9685
maintain an advertising device within the period for which the	9686
permit was issued, such permit shall not be renewed unless a	9687
renewal fee is paid to extend the privilege for one additional	9688
permit period. No conditional permit shall be renewed and no	9689
extensions shall be granted after the second renewal period.	9690

(2) A last permit holder's application for a permit shall not	9691
be accepted until a permit issued pursuant to division (F)(1) of	9692
this section has expired for a period of six months, commencing	9693
from the expiration date, for any of the following locations:	9694

(a) The expired location;

9695

(b) A location within five hundred feet of the expired	9696
location on an interstate highway, a primary highway outside a	9697
municipal corporation, or a freeway inside a municipal	9698
corporation;	9699

(c) A location within two hundred fifty feet of the expired	9700
location on any other primary highway inside a municipal	9701
corporation.	9702

The director shall process written applications in the order	9703
in which they are received.	9704

(G) Permits for advertising devices erected and maintained	9705
with a valid permit issued before July 1, 1997, may be renewed	9706
unless the director finds that the permit application contains	9707
materially false, misleading, or inaccurate information or the	9708
sign has been erected or maintained contrary to this chapter or	9709
the rules adopted thereunder, and in such event the director may	9710
take appropriate action pursuant to section 5516.12 of the Revised	9711
Code. An applicant who has a conditional permit issued by the	9712
director before June 30, 1997, and who has not yet exercised the	9713
privilege of constructing, using, operating, erecting, or	9714
maintaining an advertising device at the proposed location as of	9715
that date, shall have until December 31, 1997, to comply with the	9716
terms and conditions of the conditional permit or such permit	9717
shall be canceled. However, the applicant may request that the	9718
conditional permit be renewed by submitting a renewal application	9719
and paying a nonrefundable renewal fee to extend the privilege for	9720
one additional permit period.	9721

(H) Permits may be transferred from one sign owner to another	9722
upon written acknowledgment from the current permittee and the	9723
payment of a transfer fee in an amount to be determined by the	9724
director for each permit to be transferred. The new permit holder	9725
is subject to all the terms and conditions of the prior permit	9726
holder and shall be subject to this chapter and the rules adopted	9727
thereunder.	9728

(I) No person shall submit an application for an advertising	9729
device permit where the proposed location is adjacent to a	9730
proposed project on the interstate or primary system and the	9731
proposed location for the device would be illegal under this	9732
chapter upon completion of the project.	9733

(J) Any permit issued by the director under this chapter or	9734
the rules adopted under it, is the property of the permit holder.	9735
Upon the sale of an advertising device, a permit issued under this	9736
section continues in effect for the period established under	9737
division (E) of this section.	9738

Sec. 5577.042. (A) As used in this section:

9739

(1) "Farm machinery" has the same meaning as in section	9740
4501.01 of the Revised Code.	9741

(2) "Farm commodities" includes livestock, bulk milk, corn,	9742
soybeans, tobacco, and wheat.	9743

(3) "Farm truck" means a truck used in the transportation	9744
from a farm of farm commodities when the truck is operated in	9745
accordance with this section.	9746

(4) "Log truck" means a truck used in the transportation of	9747
timber from the site of its cutting when the truck is operated in	9748
accordance with this section.	9749

(5) "Coal truck" means a truck transporting coal from the	9750
site where it is mined when the truck is operated in accordance	9751
with this section.	9752

(6) "Solid waste" has the same meaning as in section 3734.01	9753
of the Revised Code.	9754

(7) "Solid waste haul vehicle" means a vehicle hauling solid	9755
waste for which a bill of lading has not been issued.	9756

(B) Notwithstanding sections 5577.02 and 5577.04 of the	9757
Revised Code, a coal truck transporting coal, a farm truck or farm	9758
machinery transporting farm commodities, or a log truck	9759
transporting timber, or a solid waste haul vehicle hauling solid	9760
waste, from the place of production to the first point of delivery	9761
where the commodities are weighed and title to the commodities,	9762
coal, or timber is transferred, or, in the case of solid waste,	9763
from the place of production to the first point of delivery where	9764
the solid waste is disposed of or title to the solid waste is	9765
transferred, may exceed by no more than seven and one-half per	9766
cent the weight provisions of sections 5577.01 to 5577.09 of the	9767
Revised Code and no penalty prescribed in section 5577.99 of the	9768
Revised Code shall be imposed. If a coal truck so transporting	9769
coal, a farm truck or farm machinery so transporting farm	9770
commodities, or a timber truck so transporting timber, or a solid	9771
waste haul vehicle hauling solid waste, exceeds by more than seven	9772
and one-half per cent the weight provisions of those sections,	9773
both of the following apply without regard to the seven and	9774
one-half per cent allowance provided by this division:	9775

(1) The applicable penalty prescribed in section 5577.99 of	9776
the Revised Code;	9777

(2) The civil liability imposed by section 5577.12 of the	9778
Revised Code.	9779

(C)(1) Division (B) of this section does not apply to the	9780
operation of a farm truck, log truck, or farm machinery	9781
transporting farm commodities during the months of February and	9782
March.	9783

(2) Regardless of when the operation occurs, division (B) of	9784
this section does not apply to the operation of a coal truck, a	9785
farm truck, a log truck, a solid waste haul vehicle, or farm	9786
machinery transporting farm commodities on either of the	9787
following:	9788

(a) A highway that is part of the interstate system;

9789

(b) A highway, road, or bridge that is subject to reduced	9790
maximum weights under section 4513.33, 5577.07, 5577.071, 5577.08,	9791
5577.09, or 5591.42 of the Revised Code.	9792

Sec. 5577.05. (A) No vehicle shall be operated upon the	9793
public highways, streets, bridges, and culverts within the state,	9794
whose dimensions exceed those specified in this section.	9795

~~(A)~~(B) No such vehicle shall have a width in excess of:

9796

(1) One hundred four inches for passenger bus type vehicles	9797
operated exclusively within municipal corporations;	9798

(2) One hundred two inches, excluding such safety devices as	9799
are required by law, for passenger bus type vehicles operated over	9800
freeways, and such other state roads with minimum pavement widths	9801
of twenty-two feet, except those roads or portions thereof over	9802
which operation of one hundred two-inch buses is prohibited by	9803
order of the director of transportation;	9804

(3) One hundred thirty-two inches for traction engines;

9805

(4) One hundred two inches for recreational vehicles,	9806
excluding safety devices and retracted awnings and other	9807
appurtenances of six inches or less in width and except that the	9808
director may prohibit the operation of one hundred two inch	9809
recreational vehicles on designated state highways or portions of	9810
highways;	9811

(5) One hundred two inches, including load, for all other	9812
vehicles, except that the director may prohibit the operation of	9813
one hundred two-inch vehicles on such state highways or portions	9814
thereof as the director designates.	9815

~~(B)~~(C) No such vehicle shall have a length in excess of:

9816

(1) ~~Sixty~~Sixty-six feet for passenger bus type vehicles and	9817
articulated passenger bus type vehicles operated by a regional	9818
transit authority pursuant to sections 306.30 to 306.54 of the	9819
Revised Code;	9820

(2) ~~Forty~~Forty-five feet for all other passenger bus type	9821
vehicles;	9822

(3) Fifty-three feet for any semitrailer when operated in a	9823
commercial tractor-semitrailer combination, with or without load,	9824
except that the director may prohibit the operation of any such	9825
commercial tractor-semitrailer combination on such state highways	9826
or portions thereof as the director designates.	9827

(4) Twenty-eight and one-half feet for any semitrailer or	9828
trailer when operated in a commercial tractor-semitrailer-trailer	9829
or commercial tractor-semitrailer-semitrailer combination, except	9830
that the director may prohibit the operation of any such	9831
commercial tractor-semitrailer-trailer or commercial	9832
tractor-semitrailer-semitrailer combination on such state highways	9833
or portions thereof as the director designates;	9834

(5) Seventy-five feet for drive-away saddlemount vehicle	9835
transporter combinations and drive-away saddlemount with fullmount	9836
vehicle transporter combinations, not to exceed three	9837
saddlemounted vehicles, but which may include one fullmount.	9838

(6) Sixty-five feet for any other combination of vehicles	9839
coupled together, with or without load, except as provided in	9840
divisions ~~(B)~~(C)(3) and (4), and in division ~~(D)~~(E) of this	9841
section;	9842

(7) Forty-five feet for recreational vehicles;

9843

(8) Forty feet for all other vehicles except trailers and	9844
semitrailers, with or without load.	9845

~~(C)~~(D) No such vehicle shall have a height in excess of	9846
thirteen feet six inches, with or without load.	9847

~~(D)~~(E) An automobile transporter or boat transporter shall be	9848
allowed a length of sixty-five feet and a stinger-steered	9849
automobile transporter or stinger-steered boat transporter shall	9850
be allowed a length of seventy-five feet, except that the load	9851
thereon may extend no more than four feet beyond the rear of such	9852
vehicles and may extend no more than three feet beyond the front	9853
of such vehicles, and except further that the director may	9854
prohibit the operation of a stinger-steered automobile	9855
transporter, stinger-steered boat transporter, or a B-train	9856
assembly on any state highway or portion thereof that the director	9857
designates.	9858

(F) The widths prescribed in division (B) of this section	9859
shall not include side mirrors, turn signal lamps, marker lamps,	9860
handholds for cab entry and egress, flexible fender extensions,	9861
mud flaps, splash and spray suppressant devices, and load-induced	9862
tire bulge.	9863

The width prescribed in division ~~(A)~~(B)(5) of this section	9864
shall not include automatic covering devices ~~used by a vehicle~~	9865
~~hauling solid waste~~, tarp and tarp hardware, and tiedown	9866
assemblies, provided these safety devices do not extend more than	9867
three inches from each side of the vehicle.	9868

The lengths prescribed in divisions ~~(B)~~(C)(2) to (7) of this	9869
section shall not include safety devices, bumpers attached to the	9870
front or rear of such bus or combination, B-train assembly used	9871
between the first and second semitrailer of a commercial	9872
tractor-semitrailer-semitrailer combination, energy conservation	9873
devices as provided in any regulations adopted by the secretary of	9874
the United States department of transportation, or any	9875
noncargo-carrying refrigeration equipment attached to the front of	9876
trailers and semitrailers. In special cases, vehicles whose	9877
dimensions exceed those prescribed by this section may operate in	9878
accordance with rules adopted by the director.	9879

~~(E)~~(G) This section does not apply to fire engines, fire	9880
trucks, or other vehicles or apparatus belonging to any municipal	9881
corporation or to the volunteer fire department of any municipal	9882
corporation or used by such department in the discharge of its	9883
functions. This section does not apply to vehicles and pole	9884
trailers used in the transportation of wooden and metal poles, nor	9885
to the transportation of pipes or well-drilling equipment, nor to	9886
farm machinery and equipment. The owner or operator of any	9887
vehicle, machinery, or equipment not specifically enumerated in	9888
this section but the dimensions of which exceed the dimensions	9889
provided by this section, when operating the same on the highways	9890
and streets of this state, shall comply with the rules of the	9891
director governing such movement, which the director may adopt.	9892
Sections 119.01 to 119.13 of the Revised Code apply to any rules	9893
the director adopts under this section, or the amendment or	9894
rescission thereof, and any person adversely affected shall have	9895
the same right of appeal as provided in those sections.	9896

This section does not require the state, a municipal	9897
corporation, county, township, or any railroad or other private	9898
corporation to provide sufficient vertical clearance to permit the	9899
operation of such vehicle, or to make any changes in or about	9900
existing structures now crossing streets, roads, and other public	9901
thoroughfares in this state.	9902

~~(F)~~(H) As used in this section, "recreational vehicle" has	9903
the same meaning as in section 4501.01 of the Revised Code.	9904

Sec. 5577.15. (A) The size and weight provisions of this	9905
chapter do not apply to a person who is engaged in the initial	9906
towing or removal of a wrecked or disabled motor vehicle from the	9907
site of an emergency on a public highway where the vehicle became	9908
wrecked or disabled to the nearest site where the vehicle can be	9909
brought into conformance with the requirements of this chapter or	9910
to the nearest qualified repair facility.	9911

(B) Any subsequent towing of a wrecked or disabled vehicle	9912
shall comply with the size and weight provisions of this chapter.	9913

(C) No court shall impose any penalty prescribed in section	9914
5577.99 of the Revised Code or the civil liability established in	9915
section 5577.12 of the Revised Code upon a person towing or	9916
removing a vehicle in the manner described in division (A) of this	9917
section.	9918

Sec. 5577.99. (A) Whoever violates the weight provisions of	9919
sections 5577.01 to 5577.07 or the weight provisions in regard to	9920
highways under section 5577.04 of the Revised Code shall be fined	9921
eighty dollars for the first two thousand pounds, or fraction	9922
thereof, of overload; for overloads in excess of two thousand	9923
pounds, but not in excess of five thousand pounds, such person	9924
shall be fined one hundred dollars, and in addition thereto one	9925
dollar per one hundred pounds of overload; for overloads in excess	9926
of five thousand pounds, but not in excess of ten thousand pounds,	9927
such person shall be fined one hundred thirty dollars and in	9928
addition thereto two dollars per one hundred pounds of overload,	9929
or imprisoned not more than thirty days, or both. For all	9930
overloads in excess of ten thousand pounds such person shall be	9931
fined one hundred sixty dollars, and in addition thereto three	9932
dollars per one hundred pounds of overload, or imprisoned not more	9933
than thirty days, or both. Whoever violates the weight provisions	9934
of vehicle and load relating to gross load limits shall be fined	9935
not less than one hundred dollars. No penalty prescribed in this	9936
division shall be imposed on any vehicle combination if the	9937
overload on any axle does not exceed one thousand pounds, and if	9938
the immediately preceding or following axle, excepting the front	9939
axle of the vehicle combination, is underloaded by the same or a	9940
greater amount. For purposes of this division, two axles on one	9941
vehicle less than eight feet apart, shall be considered as one	9942
axle.	9943

(B) Whoever violates the weight provisions of section	9944
5571.071 or 5577.08 or the weight provisions in regard to bridges	9945
under section 5577.09, and whoever exceeds the carrying capacity	9946
specified under section 5591.42 of the Revised Code, shall be	9947
fined eighty dollars for the first two thousand pounds, or	9948
fraction thereof, of overload; for overloads in excess of two	9949
thousand pounds, but not in excess of five thousand pounds, the	9950
person shall be fined one hundred dollars, and in addition thereto	9951
one dollar per one hundred pounds of overload; for overloads in	9952
excess of five thousand pounds, but not in excess of ten thousand	9953
pounds, the person shall be fined one hundred thirty dollars, and	9954
in addition thereto two dollars per one hundred pounds of	9955
overload, or imprisoned not more than thirty days, or both. For	9956
all overloads in excess of ten thousand pounds, the person shall	9957
be fined one hundred sixty dollars, and in addition thereto three	9958
dollars per one hundred pounds of overload, or imprisoned not more	9959
than thirty days, or both.	9960

Notwithstanding any other provision of the Revised Code that	9961
specifies a procedure for the distribution of fines, all fines	9962
collected pursuant to this section shall be paid into the treasury	9963
of the county and credited to any fund for the maintenance and	9964
repair of roads, highways, bridges, or culverts.	9965

(C) Whoever violates any other provision of sections 5577.01	9966
to 5577.09 of the Revised Code ~~shall be fined not more than~~	9967
~~twenty-five dollars for~~is guilty of a minor misdemeanor on a	9968
first offense; ~~for a second offense within one year thereafter,~~	9969
~~such person shall be fined not less than ten nor more than one~~	9970
~~hundred dollars, or imprisoned not more than ten days, or both;~~	9971
~~for~~on a second or subsequent offense ~~within one year after the~~	9972
~~first offense~~, such person ~~shall be fined not less than~~	9973
~~twenty-five nor more than two hundred dollars, or imprisoned not~~	9974
~~more than thirty days, or both~~is guilty of a misdemeanor of the	9975
fourth degree.	9976

(D) Whoever violates section 5577.10 of the Revised Code	9977
shall be fined not more than five thousand dollars or imprisoned	9978
for not less than thirty days nor more than six months, or both.	9979

(E) Whoever violates section 5577.11 of the Revised Code	9980
shall be fined not more than twenty-five dollars.	9981

Section 2. That existing sections 109.801, 121.08, 306.351,	9982
307.05, 307.055, 307.86, 1548.08, 1548.09, 1548.11, 1548.13,	9983
1548.141, 1548.20, 2935.27, 2937.221, 3937.41, 3937.43, 3937.45,	9984
4501.01, 4501.02, 4501.021, 4501.11, 4503.01, 4503.03, 4503.034,	9985
4503.04, 4503.041, 4503.042, 4503.10, 4503.12, 4503.13, 4503.182,	9986
4503.231, 4503.24, 4503.44, 4504.01, 4505.032, 4505.06, 4505.07,	9987
4505.08, 4505.09, 4505.10, 4505.11, 4505.13, 4505.141, 4506.01,	9988
4506.08, 4506.09, 4506.11, 4506.12, 4507.13, 4507.141, 4507.19,	9989
4507.20, 4507.50, 4507.51, 4507.53, 4507.99, 4509.05, 4509.101,	9990
4509.79, 4510.10, 4510.22, 4510.31, 4510.43, 4511.01, 4513.61,	9991
4513.63, 4517.01, 4517.03, 4517.10, 4517.14, 4519.03, 4519.05,	9992
4519.56, 4519.57, 4519.58, 4519.61, 4519.631, 4519.68, 4738.05,	9993
4738.18, 4749.02, 4749.03, 4749.04, 4749.05, 4749.06, 4749.07,	9994
4749.08, 4749.10, 4749.11, 4749.12, 4749.13, 4749.14, 4905.06,	9995
4919.79, 4923.20, 5502.01, 5502.11, 5503.34, 5516.01, 5516.04,	9996
5516.061, 5516.10, 5577.042, 5577.05, and 5577.99 of the Revised	9997
Code are hereby repealed.	9998

Section 3. Notwithstanding the amendments to sections 4517.10	9999
and 4738.05 of the Revised Code contained in Section 1 of this	10000
act, when the Registrar of Motor Vehicles first renews the	10001
licenses for motor vehicle dealers, motor vehicle leasing dealers,	10002
manufactured home brokers, distributors, motor vehicle auction	10003
owners, motor vehicle salespersons, motor vehicle salvage dealers,	10004
salvage motor vehicle auctions, and salvage motor vehicle pools,	10005
following the effective date of this act, the Registrar may renew	10006
some of those licenses for one year and others for two years. In	10007
the case of those licenses that the Registrar specifies be renewed	10008
for one year, the fee that was applicable to that particular	10009
license prior to the effective date of this act shall apply. In	10010
the case of those licenses that the Registrar specifies be renewed	10011
for two years, the fee that is specified in section 4517.10 of the	10012
Revised Code as amended by this act shall apply. Thereafter, all	10013
such licenses shall be issued and renewed in accordance with	10014
applicable law.	10015

Section 4. That Sections 29 and 85 of Am. Sub. H.B. 95 of the	10016
125th General Assembly be amended to read as follows:	10017

Sec. 29. COM DEPARTMENT OF COMMERCE

10018

General Revenue Fund

10019

GRF	800-402	Grants-Volunteer Fire Departments	$	647,953	$	647,953	10020
GRF	800-410	Labor and Worker Safety	$	3,700,040	$	3,725,040	10021
Total GRF General Revenue Fund			$	4,347,993	$	4,372,993	10022

General Services Fund Group

10023

163	800-620	Division of Administration	$	3,385,803	$	3,490,056	10024
163	800-637	Information Technology	$	2,753,299	$	2,772,924	10025
5F1	800-635	Small Government Fire Departments	$	250,000	$	250,000	10026
TOTAL GSF General Services Fund							10027
Group			$	6,389,102	$	6,512,980	10028

Federal Special Revenue Fund Group

10029

348	800-622	Underground Storage Tanks	$	195,008	$	195,008	10030
348	800-624	Leaking Underground Storage Tanks	$	1,850,000	$	1,850,000	10031
349	800-626	OSHA Enforcement	$	1,527,750	$	1,604,140	10032
TOTAL FED Federal Special Revenue							10033
Fund Group			$	3,572,758	$	3,649,148	10034

State Special Revenue Fund Group

10035

4B2	800-631	Real Estate Appraisal Recovery	$	60,000		$	60,000	10036
4H9	800-608	Cemeteries	$	273,465		$	273,465	10037
4L5	800-609	Fireworks Training and Education	$	10,976		$	10,976	10038
4X2	800-619	Financial Institutions	$	2,020,798		$	2,200,843	10039
5B9	800-632	PI & Security Guard	$	1,188,716		$	~~1,188,716~~	10040
		Provider					0	10041
5K7	800-621	Penalty Enforcement	$	50,000		$	50,000	10042
543	800-602	Unclaimed Funds-Operating	$	7,051,051		$	7,051,051	10043
543	800-625	Unclaimed Funds-Claims	$	25,512,867		$	25,512,867	10044
544	800-612	Banks	$	6,657,997		$	6,657,997	10045
545	800-613	Savings Institutions	$	2,765,618		$	2,894,330	10046
546	800-610	Fire Marshal	$	7,855,076		$	11,787,994	10047
547	800-603	Real Estate Education/Research	$	250,000		$	250,000	10048
548	800-611	Real Estate Recovery	$	100,000		$	100,000	10049
549	800-614	Real Estate	$	3,586,754		$	3,705,892	10050
550	800-617	Securities	$	4,600,000		$	4,800,000	10051
552	800-604	Credit Union	$	2,613,356		$	2,751,852	10052
553	800-607	Consumer Finance	$	3,764,279		$	3,735,445	10053
556	800-615	Industrial Compliance	$	24,627,687		$	25,037,257	10054
6A4	800-630	Real Estate Appraiser-Operating	$	658,506		$	664,006	10055
653	800-629	UST Registration/Permit Fee	$	1,353,632		$	1,249,632	10056
TOTAL SSR State Special Revenue								10057
Fund Group			$	95,000,778		$	~~99,982,323~~	10058
			98,793,607		10059

Liquor Control Fund Group

10060

043	800-601	Merchandising	$	341,079,554		$	353,892,432	10061
043	800-627	Liquor Control Operating	$	17,248,488		$	15,981,346	10062
043	800-633	Economic Development Debt Service	$	23,277,500		$	29,029,500	10063
043	800-636	Revitalization Debt Service	$	4,747,800		$	9,736,300	10064
TOTAL LCF Liquor Control								10065
Fund Group			$	386,353,342		$	408,639,578	10066
TOTAL ALL BUDGET FUND GROUPS			$	495,663,973		$	~~523,157,022~~	10067
			521,968,306		10068

GRANTS-VOLUNTEER FIRE DEPARTMENTS

10069

The foregoing appropriation item 800-402, Grants-Volunteer	10070
Fire Departments, shall be used to make annual grants to volunteer	10071
fire departments of up to $10,000, or up to $25,000 if the	10072
volunteer fire department provides service for an area affected by	10073
a natural disaster. The grant program shall be administered by the	10074
Fire Marshal under the Department of Commerce. The Fire Marshal	10075
shall adopt rules necessary for the administration and operation	10076
of the grant program.	10077

SMALL GOVERNMENT FIRE DEPARTMENTS

10078

Upon the request of the Director of Commerce, the Director of	10079
Budget and Management shall transfer $250,000 cash in each fiscal	10080
year from the State Fire Marshal Fund (Fund 546) within the State	10081
Special Revenue Fund Group to the Small Government Fire	10082
Departments Fund (Fund 5F1) within the General Services Fund	10083
Group.	10084

Notwithstanding section 3737.17 of the Revised Code, the	10085
foregoing appropriation item 800-635, Small Government Fire	10086
Departments, may be used to provide loans to private fire	10087
departments.	10088

LABOR AND WORKER SAFETY

10089

The Department of Commerce may designate a portion of	10090
appropriation item 800-410, Labor and Worker Safety, to be used to	10091
match federal funding for the OSHA on-site consultation program.	10092

PENALTY ENFORCEMENT

10093

The foregoing appropriation item 800-621, Penalty	10094
Enforcement, shall be used to enforce sections 4115.03 to 4115.16	10095
of the Revised Code.	10096

UNCLAIMED FUNDS PAYMENTS

10097

The foregoing appropriation item 800-625, Unclaimed	10098
Funds-Claims, shall be used to pay claims pursuant to section	10099
169.08 of the Revised Code. If it is determined that additional	10100
amounts are necessary, the amounts are hereby appropriated.	10101

BANKS FUND (FUND 544) TRANSFER TO THE GRF

10102

On July 31, 2003, or as soon as possible thereafter, the	10103
Director of Budget and Management may transfer up to $2,000,000	10104
cash from the Banks Fund (Fund 544) to the General Revenue Fund.	10105

FIRE MARSHAL FUND (FUND 546) TRANSFER TO THE GRF

10106

On July 31, 2003, or as soon as possible thereafter, the	10107
Director of Budget and Management may transfer up to $10,000,000	10108
cash from the Fire Marshal Fund (Fund 546) to the General Revenue	10109
Fund.	10110

REAL ESTATE FUND (FUND 549) TRANSFER TO THE GRF

10111

On July 31, 2003, or as soon as possible thereafter, the	10112
Director of Budget and Management may transfer up to $1,000,000	10113
cash from the Real Estate Fund (Fund 549) to the General Revenue	10114
Fund.	10115

INDUSTRIAL COMPLIANCE FUND (FUND 556) TRANSFER TO THE GRF

10116

On July 31, 2003, or as soon as possible thereafter, the	10117
Director of Budget and Management may transfer up to $1,000,000	10118
cash from the Industrial Compliance Fund (Fund 556), to the	10119
General Revenue Fund.	10120

INCREASED APPROPRIATION AUTHORITY - MERCHANDISING

10121

The foregoing appropriation item 800-601, Merchandising,	10122
shall be used pursuant to section 4301.12 of the Revised Code. If	10123
it is determined that additional amounts are necessary, the	10124
amounts are hereby appropriated.	10125

ECONOMIC DEVELOPMENT DEBT SERVICE

10126

The foregoing appropriation item 800-633, Economic	10127
Development Debt Service, shall be used to meet all payments at	10128
the times they are required to be made during the period from July	10129
1, 2003, to June 30, 2005, for bond service charges on obligations	10130
issued under Chapter 166. of the Revised Code. If it is determined	10131
that additional appropriations are necessary for this purpose,	10132
such amounts are hereby appropriated, subject to the limitations	10133
set forth in section 166.11 of the Revised Code. The General	10134
Assembly acknowledges that an appropriation for this purpose is	10135
not required, but is made in this form and in this act for record	10136
purposes only.	10137

REVITALIZATION DEBT SERVICE

10138

The foregoing appropriation item 800-636, Revitalization Debt	10139
Service, shall be used to pay debt service and related financing	10140
costs under sections 151.01 and 151.40 of the Revised Code during	10141
the period from July 1, 2003, to June 30, 2005. If it is	10142
determined that additional appropriations are necessary for this	10143
purpose, such amounts are hereby appropriated. The General	10144
Assembly acknowledges the priority of the pledge of a portion of	10145
receipts from that source to obligations issued and to be issued	10146
under Chapter 166. of the Revised Code.	10147

ADMINISTRATIVE ASSESSMENTS

10148

Notwithstanding any other provision of law to the contrary,	10149
Fund 163, Division of Administration, shall receive assessments	10150
from all operating funds of the department in accordance with	10151
procedures prescribed by the Director of Commerce and approved by	10152
the Director of Budget and Management.	10153

Sec. 85. DHS DEPARTMENT OF PUBLIC SAFETY

10154

General Revenue Fund

10155

GRF	763-403	Operating Expenses - EMA	$	4,058,188	$	4,058,188	10156
GRF	763-507	Individual and Households Grants	$	48,750	$	48,750	10157
GRF	769-321	Food Stamp Trafficking Enforcement Operations	$	800,000	$	800,000	10158
TOTAL GRF General Revenue Fund			$	4,906,938	$	4,906,938	10159

State Special Revenue Fund Group

10160

5B9	766-632		PI & Security Guard Provider		$	0		$	1,188,716		10161
TOTAL SSR State Special Revenue Fund Group					$	0		$	1,188,716		10162

TOTAL ALL BUDGET FUND GROUPS					$	4,906,938		$	~~4,906,938~~		10163
					6,095,654		10164

OHIO TASK FORCE ONE - URBAN SEARCH AND RESCUE UNIT

10165

Of the foregoing appropriation item 763-403, Operating	10166
Expenses - EMA, $200,000 in each fiscal year shall be used to fund	10167
the Ohio Task Force One - Urban Search and Rescue Unit and other	10168
urban search and rescue programs around the state to create a	10169
stronger search and rescue capability statewide.	10170

INDIVIDUAL AND HOUSEHOLDS GRANTS STATE MATCH

10171

The foregoing appropriation item 763-507, Individual and	10172
Households Grants, shall be used to fund the state share of costs	10173
to provide grants to individuals and households in cases of	10174
disaster.	10175

PI & SECURITY GUARD PROVIDER FUND

10176

On July 1, 2004, the PI & Security Guard Provider Fund (Fund	10177
5B9) shall be transferred from the Department of Commerce to the	10178
Department of Public Safety. At the request of the Director of	10179
Commerce, the Director of Budget and Management may cancel	10180
encumbrances in these funds from the Department of Commerce's	10181
appropriation item 800-632, PI & Security Guard Provider, and	10182
reestablish such encumbrances or parts of encumbrances in fiscal	10183
year 2005 for the same purpose and to the same vendor in the	10184
Department of Public Safety's appropriation item 766-632, PI &	10185
Security Guard Provider. As determined by the Director of Budget	10186
and Management, the appropriation authority necessary to	10187
re-establish such encumbrances or parts of encumbrances in fiscal	10188
year 2005 for the Department of Public Safety is hereby granted.	10189

PI & SECURITY GUARD TRANSFER FROM COMMERCE TO PUBLIC SAFETY

10190

Notwithstanding any provision of law to the contrary, the	10191
Director of Budget and Management is authorized to take the	10192
actions described in this section. This section applies to budget	10193
changes made necessary by administrative reorganization, program	10194
transfers, the creation of new funds, and the consolidation of	10195
funds as authorized by this act. The Director of Budget and	10196
Management may make any transfers of cash balances between funds.	10197
At the request of the Office of Budget and Management, the	10198
administering agency head shall certify to the Director the amount	10199
or an estimate of the amount of the cash balance to be transferred	10200
to the receiving fund. The Director may transfer the amount or the	10201
estimate of the amount when needed to make payments. Not more than	10202
thirty days after certifying the estimated amount the	10203
administering agency head shall certify the final amount to the	10204
Director. The Director shall transfer the difference between any	10205
estimated amount previously transferred and the certified final	10206
amount.	10207

Any fiscal year 2004 unencumbered or unallotted appropriation	10208
balances may be transferred to the appropriate appropriation item	10209
to be used for the same purposes, as determined by the Director of	10210
Budget and Management.	10211

On July 1, 2004, the licensing and enforcement functions of	10212
the Department of Commerce, Division of Real Estate and	10213
Professional Licensing conducted pursuant to Chapter 4749. of the	10214
Revised Code and the assets, liabilities, any capital spending	10215
authority related thereto, equipment, and records, regardless of	10216
form or medium, relating to those functions are transferred to the	10217
Department of Public Safety. The Department of Public Safety	10218
thereupon assumes these functions.	10219

Any business commenced but not completed by the Director or	10220
Department of Commerce, Division of Real Estate and Professional	10221
Licensing pursuant to Chapter 4749. of the Revised Code on the	10222
effective date of this section relating to the functions	10223
transferred under this section shall be completed by the Director	10224
or Department of Public Safety in the same manner, and with the	10225
same effect, as if completed by the Director or Department of	10226
Commerce, Division of Real Estate and Professional Licensing. No	10227
validation, cure, right, privilege, remedy, obligation, or	10228
liability is lost or impaired by reason of the transfer of	10229
functions required by this section and shall be administered by	10230
the Department of Public Safety. All of the rules, orders, and	10231
determinations enacted or adopted by the Department of Commerce,	10232
Division of Real Estate and Professional Licensing relating to the	10233
transfer of these functions continue in effect as rules, orders,	10234
and determinations of the Department of Public Safety until	10235
modified or rescinded by the Department of Public Safety. If	10236
necessary to ensure the integrity of the numbering of the	10237
Administrative Code, the Director of the Legislative Service	10238
Commission shall renumber the rules of the Department of Commerce,	10239
Division of Real Estate and Professional Licensing enacted or	10240
adopted pursuant to Chapter 4749. of the Revised Code to reflect	10241
their transfer to the Department of Public Safety.	10242

Subject to the layoff provisions of sections 124.321 to	10243
124.328 of the Revised Code, all employees of the Department of	10244
Commerce, Division of Real Estate and Professional Licensing who	10245
perform functions pursuant to Chapter 4749. of the Revised Code	10246
that are transferred under this section are transferred to the	10247
Department of Public Safety. The vehicles and equipment assigned	10248
to such employees are also transferred to the Department of Public	10249
Safety.	10250

Whenever the Director or the Department of Commerce, or the	10251
Superintendent or the Division of Real Estate and Professional	10252
Licensing is referred to in any law, contract, or other document	10253
relating to the functions transferred under this section, the	10254
reference shall be deemed to refer to the Director or Department	10255
of Public Safety, whichever is appropriate.	10256

No action or proceeding pending and no license or	10257
registration issued as of the effective date of this section is	10258
affected by the transfer, and shall be recognized, prosecuted, or	10259
defended in the name of the Director of the Department of Public	10260
Safety. In all such actions, the Director or Department of Public	10261
Safety, upon application to the court, shall be substituted as a	10262
party.	10263

Section 5. That existing Sections 29 and 85 of Am. Sub. H.B.	10264
95 of the 125th General Assembly are hereby repealed.	10265

Section 6. That Section 6 of Sub. S.B. 59 of the 124th	10266
General Assembly be amended to read as follows:	10267

Sec. 6. (A) The Registrar of Motor Vehicles shall implement	10268
~~to the maximum extent practicable~~and have operational all	10269
provisions of sections 4501.01, 4503.03, 4503.035, 4503.10,	10270
4503.182, 4505.021, 4505.03, 4505.032, 4505.04, 4505.06, 4505.062,	10271
4505.08, 4505.09, 4505.10, 4505.102, 4505.11, 4505.12, 4505.13,	10272
4505.141, 4505.18, 4505.181, 4505.19, 4505.20, 4505.25, 4519.01,	10273
4519.03, 4519.51, 4519.511, 4519.512, 4519.52, 4519.521, 4519.53,	10274
4519.55, 4519.551, 4519.57, 4519.58, 4519.59, 4519.60, 4519.62,	10275
4519.631, 4519.66, 4519.67, and 4519.68 of the Revised Code as	10276
amended or enacted by ~~this act~~Sub. S.B. 59 of the 124th General	10277
Assembly, including especially all electronic titling provisions,	10278
and the provisions of Section 3 of ~~this act~~Sub. S.B. 59 of the	10279
124th General Assembly, by no later than ~~nine months after the~~	10280
~~effective date of this section~~December 31, 2005.	10281

The Chief of the Division of Watercraft in the Division of	10282
Natural Resources shall implement ~~to the maximum extent~~	10283
~~practicable~~and have operational all provisions of sections	10284
1548.02, 1548.021, 1548.03, 1548.06, 1548.061, 1548.08, 1548.09,	10285
1548.10, 1548.11, 1548.12, 1548.13, 1548.141, 1548.17, 1548.18,	10286
1548.19, and 1548.20 of the Revised Code as amended or enacted by	10287
~~this act~~Sub. S.B. 59 of the 124th General Assembly by no later	10288
than ~~nine months after the effective date of this section~~December	10289
31, 2005.	10290

(B) The Registrar shall prepare a written report describing	10291
the efforts of the Bureau of Motor Vehicles to fully implement the	10292
electronic titling provisions of Sub. S.B. 59 of the 124th General	10293
Assembly. The report shall include specific implementation dates	10294
and a timeline of actions the Bureau of Motor Vehicles will	10295
undertake to comply with the requirement of division (A) of this	10296
section that electronic titling be fully implemented and	10297
operational by December 31, 2005. Not later than December 1, 2004,	10298
the Registrar shall present the report to the Governor, the	10299
President of the Senate, the Speaker of the House of	10300
Representatives, and the chair and minority leaders of the	10301
standing committees of the Senate and the House of Representatives	10302
dealing primarily with motor vehicle issues.	10303

Section 7. That existing Section 6 of Sub. S.B. 59 of the	10304
124th General Assembly is hereby repealed.	10305

Section 8. The amendment by this act of sections 121.08,	10306
4749.02, 4749.03, 4749.04, 4749.05, 4749.06, 4749.07, 4749.08,	10307
4749.10, 4749.11, 4749.12, 4749.13, 4749.14, and 5502.01 of the	10308
Revised Code and Sections 29 and 85 of Am. Sub. H.B. 95 of the	10309
125th General Assembly is not subject to the referendum and, under	10310
Ohio Constitution, Article II, Section 1d and section 1.471 of the	10311
Revised Code, goes into effect on the day this act becomes law or	10312
on July 1, 2004, whichever is later.	10313

Section 9. The citizens advisory committee created within the	10314
Bureau of Motor Vehicles pursuant to section 4501.025 of the	10315
Revised Code, by December 31, 2004, shall make a written	10316
recommendation to the majority and minority leaders of the Senate	10317
and House of Representatives concerning whether the payments to	10318
clerks of the courts of common pleas established in Section 5 of	10319
Sub. S.B. 59 of the 124th General Assembly should be continued	10320
beyond March 31, 2005, the scheduled expiration. The committee	10321
shall consider all aspects of the revenue loss incurred by the	10322
clerks that is attributable to the implementation of Sub. S.B. 59	10323
of the 124th General Assembly and may make any recommendations to	10324
address any continuing revenue loss.	10325

Section 10. Section 4501.01 of the Revised Code is presented	10326
in this act as a composite of the section as amended by both Am.	10327
Sub. S.B. 123 and Am. Sub. S.B. 231 of the 124th General Assembly.	10328
Section 4503.03 of the Revised Code is presented in this act as a	10329
composite of the section as amended by both Sub. S.B. 59 and S.B.	10330
99 of the 124th General Assembly. Section 4505.06 of the Revised	10331
Code is presented in this act as a composite of the section as	10332
amended by both Am. Sub. H.B. 95 and Am. Sub. S.B. 37 of the 125th	10333
General Assembly. Sections 4505.13 and 4519.68 of the Revised Code	10334
are presented in this act as composites of the sections as amended	10335
by both Sub. S.B. 59 and Am. Sub. S.B. 74 of the 124th General	10336
Assembly. Section 4507.51 of the Revised Code is presented in this	10337
act as a composite of the section as amended by both Sub. H.B. 354	10338
and Am. Sub. S.B. 213 of the 122nd General Assembly. Section	10339
4511.01 of the Revised Code is presented in this act as a	10340
composite of the section as amended by both Am. Sub. S.B. 123 and	10341
Am. Sub. S.B. 231 of the 124th General Assembly. The General	10342
Assembly, applying the principle stated in division (B) of section	10343
1.52 of the Revised Code that amendments are to be harmonized if	10344
reasonably capable of simultaneous operation, finds that each	10345
composite is the resulting version of the section in effect prior	10346
to the effective date of the section as presented in this act.	10347