H. B. No. 109 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 109

Representative Luckie

Cosponsors: Representatives Ujvagi, Chandler, Stewart, D., Miller, Fende, Skindell

A BILL

To amend sections 4503.20 and 4507.212 of the Revised 1
Code to require proof of financial responsibility 2
to be submitted as a condition of registering a 3
motor vehicle and of being issued or renewing a 4
driver's license. 5

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

       Section 1. That sections 4503.20 and 4507.212 of the Revised 6
Code be amended to read as follows: 7

       Sec. 4503.20. (A) As used in this section: 8

       (1) "Dealer engaged in the business of leasing motor 9
vehicles" means any person engaged in the business of regularly 10
making available, offering to make available, or arranging for 11
another person to use a motor vehicle pursuant to a bailment, 12
lease, or other contractual arrangement. 13

       (2) "Motor vehicle" ~~has~~and "proof of financial 14
responsibility" have the ~~meaning~~meanings set forth in section 15
4509.01 of the Revised Code. 16

       (B) An application for the registration of a motor vehicle 17
shall contain a statement, to be signed by the applicant either 18
manually or by electronic signature, that does all of the 19
following: 20

       (1) States that the applicant maintains, or has maintained on 21
the applicant's behalf, proof of financial responsibility at the 22
time of application, and will not operate a motor vehicle in this 23
state, unless the applicant maintains, with respect to that motor 24
vehicle or the operation of such vehicle, proof of financial 25
responsibility; 26

       (2) Contains a brief summary of the purposes and operation of 27
section 4509.101 of the Revised Code, the rights and duties of the 28
applicant under that section, and the penalties for violation of 29
that section; 30

       (3) Warns the applicant that the financial responsibility law 31
does not prevent the possibility that the applicant may be 32
involved in an accident with an owner or operator of a motor 33
vehicle who is without proof of financial responsibility; 34

       (4) Is accompanied by proof of financial responsibility 35
demonstrated in a manner described in division (G) of section 36
4509.101 of the Revised Code. 37

       (C)(1) A person who purchases any motor vehicle from a 38
licensed motor vehicle dealer who agrees to make application for 39
registration of the motor vehicle on behalf of the purchaser shall 40
sign statements that comply with divisions (B) and (F) of this 41
section. The person also shall submit proof of financial 42
responsibility demonstrated in a manner described in division (G) 43
of section 4509.101 of the Revised Code. The dealer shall submit 44
the statements and proof of financial responsibility to the deputy 45
registrar where the dealer has agreed to make application for 46
registration on behalf of the person. 47

       (2) In the case of a person who leases any motor vehicle from 48
a dealer engaged in the business of leasing motor vehicles who 49
agrees to make application for registration of the motor vehicle 50
on behalf of the lessee, the person shall sign a statement that 51
complies with division (B) of this section, and shall submit proof 52
of financial responsibility demonstrated in a manner described in 53
division (G) of section 4509.101 of the Revised Code. The dealer 54
shall do either of the following: 55

       (a) Submit the statement signed by the person and the proof 56
of financial responsibility to the deputy registrar where the 57
dealer has agreed to make application for registration on behalf 58
of the person; 59

       (b) ~~Sign~~Submit the proof of financial responsibility to the 60
deputy registrar, and sign and submit a statement to the deputy 61
registrar that certifies that a statement has been signed and 62
filed with the dealer or incorporated into the lease. 63

       The dealer shall submit to the registrar or deputy registrar 64
to whom the dealer submits the application for registration a 65
statement signed by the person that complies with division (F) of 66
this section. 67

       (D) The registrar of motor vehicles shall prescribe the form 68
of the statements required under divisions (B), (C), and (F) of 69
this section, and the manner or manners in which the statements 70
required under divisions (B) and (F) of this section shall be 71
presented to the applicant. Any statement that is required under 72
divisions (B), (C), and (F) of this section shall be designed to 73
enable the applicant to retain a copy of it. 74

       (E) Nothing within this section shall be construed to excuse 75
a violation of section 4509.101 of the Revised Code. A motor 76
vehicle dealer who makes application for the registration of a 77
motor vehicle on behalf of the purchaser or lessee of the motor 78
vehicle is not liable in damages in any civil action on account of 79
the act of making such application for registration or the content 80
of any such application for registration. 81

       (F) In addition to the statements required by divisions (B) 82
and (C) of this section, a person who makes application for 83
registration of a motor vehicle shall be furnished with a form 84
that lists in plain language all the possible penalties to which a 85
person could be subject for a violation of the financial 86
responsibility law, including driver's license suspensions; all 87
fees, including nonvoluntary compliance and reinstatement fees; 88
and vehicle immobilization or impoundment. The person shall read 89
the form and either manually or by electronic signature sign the 90
form, which shall be submitted along with the application for 91
registration as provided in this section. The form shall be 92
retained by the registrar or deputy registrar who issues the motor 93
vehicle registration or the registrar's or deputy registrar's 94
successor for a period of two years from the date of issuance of 95
the registration. 96

       (G) Upon the registration of a motor vehicle, the owner of 97
the motor vehicle is deemed to have agreed to the production of 98
proof of financial responsibility by the owner or the operator of 99
the motor vehicle, upon the request of a peace officer or state 100
highway patrol trooper made in accordance with division ~~(E)~~(D)(2) 101
of section 4509.101 of the Revised Code. 102

       (H) The registrar shall adopt rules governing the renewal of 103
motor vehicle registrations by electronic means and the completion 104
and submission of statements that comply with divisions (B) and 105
(F) of this section. The registrar shall adopt the rules 106
prescribed by this division in accordance with Chapter 119. of the 107
Revised Code. 108

       Sec. 4507.212. (A) As used in this section, "motor vehicle" 109
~~has~~and "proof of financial responsibility" have the same ~~meaning~~ 110
meanings as in section 4509.01 of the Revised Code. 111

       (B) An application for a driver's, commercial driver's, 112
restricted, or probationary license, or renewal of such license 113
shall contain a statement, to be signed by the applicant, that 114
does all of the following: 115

       (1) States that the applicant maintains, or has maintained on 116
~~his~~the applicant's behalf, proof of financial responsibility at 117
the time of application, and will not operate a motor vehicle in 118
this state, unless hethe applicant maintains, or has maintained 119
on ~~his~~the applicant's behalf, proof of financial responsibility; 120

       (2) Contains a brief summary of the purposes and operation of 121
section 4509.101 of the Revised Code, the rights and duties of the 122
applicant under that section, and the penalties for violation of 123
that section; 124

       (3) Warns the applicant that the financial responsibility law 125
does not prevent the possibility that the applicant may be 126
involved in an accident with an owner or operator of a motor 127
vehicle who is without proof of financial responsibility; 128

       (4) Is accompanied by proof of financial responsibility 129
demonstrated in a manner described in division (G) of section 130
4509.101 of the Revised Code. 131

       (C) The registrar of motor vehicles shall prescribe the form 132
of the statement, and the manner in which the statement shall be 133
presented to the applicant. The statement shall be designed to 134
enable the applicant to retain a copy of it. 135

       (D) Nothing within this section shall be construed to excuse 136
a violation of section 4509.101 of the Revised Code. 137

       (E) At the time a person submits an application for a 138
driver's, commercial driver's, restricted, or probationary 139
license, or renewal of such a license, the applicant also shall be 140
furnished with a form that lists in plain language all the 141
possible penalties to which the applicant could be subject for a 142
violation of the financial responsibility law, including driver's 143
license suspensions; all fees, including nonvoluntary compliance 144
and reinstatement fees; and vehicle immobilization or impoundment. 145
The applicant shall sign the form, which shall be submitted along 146
with the application. The form shall be retained by the registrar 147
or deputy registrar who issues the license or renewal or ~~his~~the 148
registrar's or deputy registrar's successor for a period of two 149
years from the date of issuance of the license or renewal. The 150
registrar shall prescribe the manner in which the form shall be 151
presented to the applicant, and the format of the form, which 152
shall be such that the applicant can retain a copy of it. 153

       Section 2. That existing sections 4503.20 and 4507.212 of the 154
Revised Code are hereby repealed. 155

Section 1. That sections 4503.20 and 4507.212 of the Revised	6
Code be amended to read as follows:	7

(1) "Dealer engaged in the business of leasing motor	9
vehicles" means any person engaged in the business of regularly	10
making available, offering to make available, or arranging for	11
another person to use a motor vehicle pursuant to a bailment,	12
lease, or other contractual arrangement.	13

(2) "Motor vehicle" ~~has~~and "proof of financial	14
responsibility" have the ~~meaning~~meanings set forth in section	15
4509.01 of the Revised Code.	16

(B) An application for the registration of a motor vehicle	17
shall contain a statement, to be signed by the applicant either	18
manually or by electronic signature, that does all of the	19
following:	20

(1) States that the applicant maintains, or has maintained on	21
the applicant's behalf, proof of financial responsibility at the	22
time of application, and will not operate a motor vehicle in this	23
state, unless the applicant maintains, with respect to that motor	24
vehicle or the operation of such vehicle, proof of financial	25
responsibility;	26

(2) Contains a brief summary of the purposes and operation of	27
section 4509.101 of the Revised Code, the rights and duties of the	28
applicant under that section, and the penalties for violation of	29
that section;	30

(3) Warns the applicant that the financial responsibility law	31
does not prevent the possibility that the applicant may be	32
involved in an accident with an owner or operator of a motor	33
vehicle who is without proof of financial responsibility;	34

(4) Is accompanied by proof of financial responsibility	35
demonstrated in a manner described in division (G) of section	36
4509.101 of the Revised Code.	37

(C)(1) A person who purchases any motor vehicle from a	38
licensed motor vehicle dealer who agrees to make application for	39
registration of the motor vehicle on behalf of the purchaser shall	40
sign statements that comply with divisions (B) and (F) of this	41
section. The person also shall submit proof of financial	42
responsibility demonstrated in a manner described in division (G)	43
of section 4509.101 of the Revised Code. The dealer shall submit	44
the statements and proof of financial responsibility to the deputy	45
registrar where the dealer has agreed to make application for	46
registration on behalf of the person.	47

(2) In the case of a person who leases any motor vehicle from	48
a dealer engaged in the business of leasing motor vehicles who	49
agrees to make application for registration of the motor vehicle	50
on behalf of the lessee, the person shall sign a statement that	51
complies with division (B) of this section, and shall submit proof	52
of financial responsibility demonstrated in a manner described in	53
division (G) of section 4509.101 of the Revised Code. The dealer	54
shall do either of the following:	55

(a) Submit the statement signed by the person and the proof	56
of financial responsibility to the deputy registrar where the	57
dealer has agreed to make application for registration on behalf	58
of the person;	59

(b) ~~Sign~~Submit the proof of financial responsibility to the	60
deputy registrar, and sign and submit a statement to the deputy	61
registrar that certifies that a statement has been signed and	62
filed with the dealer or incorporated into the lease.	63

The dealer shall submit to the registrar or deputy registrar	64
to whom the dealer submits the application for registration a	65
statement signed by the person that complies with division (F) of	66
this section.	67

(D) The registrar of motor vehicles shall prescribe the form	68
of the statements required under divisions (B), (C), and (F) of	69
this section, and the manner or manners in which the statements	70
required under divisions (B) and (F) of this section shall be	71
presented to the applicant. Any statement that is required under	72
divisions (B), (C), and (F) of this section shall be designed to	73
enable the applicant to retain a copy of it.	74

(E) Nothing within this section shall be construed to excuse	75
a violation of section 4509.101 of the Revised Code. A motor	76
vehicle dealer who makes application for the registration of a	77
motor vehicle on behalf of the purchaser or lessee of the motor	78
vehicle is not liable in damages in any civil action on account of	79
the act of making such application for registration or the content	80
of any such application for registration.	81

(F) In addition to the statements required by divisions (B)	82
and (C) of this section, a person who makes application for	83
registration of a motor vehicle shall be furnished with a form	84
that lists in plain language all the possible penalties to which a	85
person could be subject for a violation of the financial	86
responsibility law, including driver's license suspensions; all	87
fees, including nonvoluntary compliance and reinstatement fees;	88
and vehicle immobilization or impoundment. The person shall read	89
the form and either manually or by electronic signature sign the	90
form, which shall be submitted along with the application for	91
registration as provided in this section. The form shall be	92
retained by the registrar or deputy registrar who issues the motor	93
vehicle registration or the registrar's or deputy registrar's	94
successor for a period of two years from the date of issuance of	95
the registration.	96

(G) Upon the registration of a motor vehicle, the owner of	97
the motor vehicle is deemed to have agreed to the production of	98
proof of financial responsibility by the owner or the operator of	99
the motor vehicle, upon the request of a peace officer or state	100
highway patrol trooper made in accordance with division ~~(E)~~(D)(2)	101
of section 4509.101 of the Revised Code.	102

(H) The registrar shall adopt rules governing the renewal of	103
motor vehicle registrations by electronic means and the completion	104
and submission of statements that comply with divisions (B) and	105
(F) of this section. The registrar shall adopt the rules	106
prescribed by this division in accordance with Chapter 119. of the	107
Revised Code.	108

Sec. 4507.212. (A) As used in this section, "motor vehicle"	109
~~has~~and "proof of financial responsibility" have the same ~~meaning~~	110
meanings as in section 4509.01 of the Revised Code.	111

(B) An application for a driver's, commercial driver's,	112
restricted, or probationary license, or renewal of such license	113
shall contain a statement, to be signed by the applicant, that	114
does all of the following:	115

(1) States that the applicant maintains, or has maintained on	116
~~his~~the applicant's behalf, proof of financial responsibility at	117
the time of application, and will not operate a motor vehicle in	118
this state, unless hethe applicant maintains, or has maintained	119
on ~~his~~the applicant's behalf, proof of financial responsibility;	120

(C) The registrar of motor vehicles shall prescribe the form	132
of the statement, and the manner in which the statement shall be	133
presented to the applicant. The statement shall be designed to	134
enable the applicant to retain a copy of it.	135

(D) Nothing within this section shall be construed to excuse	136
a violation of section 4509.101 of the Revised Code.	137

(E) At the time a person submits an application for a	138
driver's, commercial driver's, restricted, or probationary	139
license, or renewal of such a license, the applicant also shall be	140
furnished with a form that lists in plain language all the	141
possible penalties to which the applicant could be subject for a	142
violation of the financial responsibility law, including driver's	143
license suspensions; all fees, including nonvoluntary compliance	144
and reinstatement fees; and vehicle immobilization or impoundment.	145
The applicant shall sign the form, which shall be submitted along	146
with the application. The form shall be retained by the registrar	147
or deputy registrar who issues the license or renewal or ~~his~~the	148
registrar's or deputy registrar's successor for a period of two	149
years from the date of issuance of the license or renewal. The	150
registrar shall prescribe the manner in which the form shall be	151
presented to the applicant, and the format of the form, which	152
shall be such that the applicant can retain a copy of it.	153

Section 2. That existing sections 4503.20 and 4507.212 of the	154
Revised Code are hereby repealed.	155