H. B. No. 140 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 140

Representative Widener

Cosponsors: Representatives Evans, Stebelton, Zehringer, Setzer, Bacon, Webster, Huffman, Wagoner, Miller

A BILL

To amend sections 4513.01 and 4513.62 and to enact 1
sections 4513.621, 4513.622, and 4513.66 of the 2
Revised Code to provide that the owner of a motor 3
vehicle that is removed from a public road may be 4
prevented from registering any vehicle until the 5
towing and storage fees on the vehicle removed are 6
paid. 7

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

       Section 1. That section 4513.01 and 4513.62 be amended and 8
sections 4513.621, 4513.622, and 4513.66 of the Revised Code be 9
enacted to read as follows: 10

       Sec. 4513.01. ~~As provided~~The definitions contained in 11
section 4511.01 of the Revised Code~~, the definitions set forth in~~ 12
~~that section~~ apply to this chapter, except that for purposes of 13
sections 4513.60 to 4513.65 of the Revised Code "motor vehicle" 14
does not include manufactured homes or mobile homes. 15

       Sec. 4513.62. Unclaimed motor vehicles ordered into storage 16
pursuant to division (A)(1) of section 4513.60 or section 4513.61 17
of the Revised Code shall be disposed of at the order of the 18
sheriff of the county or the chief of police of the municipal 19
corporation, township, or township police district to a motor 20
vehicle salvage dealer or scrap metal processing facility as 21
defined in section 4737.05 of the Revised Code, or to any other 22
facility owned by or under contract with the county, municipal 23
corporation, or township, for the disposal of such motor vehicles, 24
or shall be sold by the sheriff, chief of police, or licensed 25
auctioneer at public auction, after giving notice thereof by 26
advertisement, published once a week for two successive weeks in a 27
newspaper of general circulation in the county. Any moneys 28
accruing from the disposition of an unclaimed motor vehicle that 29
are in excess of the expenses resulting from the removal and 30
storage of the vehicle shall be credited to the general fund of 31
the county, the municipal corporation, or the township, as the 32
case may be. 33

       When a motor vehicle is disposed of under this section in any 34
manner, the county, municipal corporation, township, or township 35
police district shall send written notification to the vehicle 36
owner not later than twenty-one days after the disposition 37
informing the vehicle owner of that fact and of the amount that 38
resulted from the disposition and the amount of the expenses paid 39
from the proceeds of the disposition. 40

       Sec. 4513.621. (A) A private tow truck operator, towing 41
company, or other person who is in possession of a motor vehicle 42
that was left on a public street or other property open to the 43
public for purposes of vehicular travel or upon or within the 44
right-of-way of any public road or highway and that was ordered 45
into storage pursuant to section 4513.61 of the Revised Code, and 46
that has remained unclaimed by the owner for more than fourteen 47
days, shall cause a search to be made of the records of the bureau 48
of motor vehicles to ascertain the owner and any lienholder of the 49
motor vehicle. If the operator, company, or other person is able 50
to obtain this information from a sheriff or chief of police who 51
obtained this information in accordance with section 4513.61 of 52
the Revised Code, the operator, company, or other person is not 53
required to cause the search described in this division to be 54
made. The operator, company, or other person shall send a notice 55
to the owner and any lienholder of record at each person's last 56
known address, by certified mail with return receipt requested. 57

       (B) The notice that is sent pursuant to division (A) of this 58
section shall do all of the following: 59

       (1) State that the operator, company, or other person is in 60
possession of the motor vehicles; 61

       (2) State that the motor vehicle may be disposed of in 62
accordance with law if its release is not secured; 63

        (3) Describe in detail the method by which the owner or 64
lienholder may claim the vehicle, including all fees due for the 65
removal and storage of the vehicle, the acceptable method of 66
payment, the hours during which the vehicle may be claimed, and 67
the acceptable proof of ownership or proof of a lien on the 68
vehicle, as the case may be. Presentation of a certificate of 69
title to the motor vehicle constitutes acceptable proof of 70
ownership and proof of a lien on the vehicle may be established 71
only by presentation of a written document that evidences the 72
lien. 73

       The fees due may include an administrative fee of twenty-five 74
dollars to reimburse the operator, company, or other person in 75
possession of the motor vehicle for expenses incurred in acting 76
under and complying with sections 4513.621 and 4513.622 of the 77
Revised Code. 78

        (4) State that, in accordance with section 4513.622 of the 79
Revised Code, the owner may not be eligible for the issuance of a 80
certificate of registration for any motor vehicle owned or leased 81
by the owner if the owner fails to pay the fees due for the 82
removal or storage of the motor vehicle, plus, if applicable, the 83
administrative fee described in this section. 84

        (C) The owner or lienholder of the motor vehicle may reclaim 85
it upon payment of the fees due for its removal and storage and, 86
if applicable, any administrative fee, and presentation of 87
acceptable proof of ownership or proof of a lien on the vehicle. 88

       (D) If the owner or lienholder does not reclaim the vehicle 89
in accordance with division (C) of this section, the operator, 90
company, or other person may proceed under section 4513.622 of the 91
Revised Code and request the small claims court to issue an order 92
prohibiting the vehicle owner from registering, renewing, or 93
transferring the registration of any vehicle. 94

       Sec. 4513.622. (A) If the owner of a motor vehicle that is in 95
the possession of a tow truck operator, towing company, or other 96
person for more than thirty days fails to secure the release of 97
the motor vehicle as specified in section 4513.621 of the Revised 98
Code, the operator, company, or other person may file a claim in 99
the small claims division of the municipal court or county court 100
that has jurisdiction over the location from which the vehicle 101
originally was removed for the amount due the tow truck operator, 102
towing company, or other person. The total amount that can be 103
specified in the claim shall not exceed the amount of the towing 104
fee based on the prevailing rates in the jurisdiction of the law 105
enforcement entity that is involved plus the amount of the 106
applicable daily storage fee normally charged by the operator, 107
company, or other person multiplied by the number of days for 108
which the vehicle has been stored by the operator, towing company, 109
or other person, up to a maximum of thirty days, plus, if 110
applicable, the administrative fee. 111

       The court shall schedule a hearing on the claim, and notice 112
shall be given to all parties as in any other case. At the 113
hearing, the operator, company, or other person shall submit to 114
the court all relevant evidence, including proof of the various 115
amounts that are claimed to be owed and proof that the notice 116
described in section 4513.621 of the Revised Code was mailed. The 117
court shall consider any testimony and evidence presented by the 118
vehicle owner prior to rendering its decision. If the court finds 119
in favor of the operator, company, or other person and, by a 120
preponderance of the evidence, finds that the operator, company, 121
or other person is in possession of the vehicle in question and is 122
owed an amount consisting of towing and storage fees relative to 123
that vehicle plus, if applicable, the administrative fee, and that 124
the operator, company, or other person sent the notice as required 125
by section 4513.261 of the Revised Code, the court shall issue a 126
judgment in favor of the operator, company, or other person that 127
establishes the total amount owed the operator, company, or other 128
person and the repayment terms and conditions. If the vehicle 129
owner fails to appear at the hearing or appears at the hearing but 130
refuses to accept the repayment terms and conditions established 131
by the court, the court shall issue an order prohibiting the 132
vehicle owner from registering, renewing, or transferring the 133
registration of any vehicle until all the applicable fees are 134
paid. The order shall indicate the total amount of fees due. The 135
court shall send a copy of this order to the registrar of motor 136
vehicles in a form and manner as the registrar prescribes. 137

       (B) Except as provided in division (E) of this section, upon 138
receipt of an order from a court issued under division (A) of this 139
section, neither the registrar nor any deputy registrar shall 140
accept any application for the registration, registration renewal, 141
or transfer of registration of any motor vehicle owned or leased 142
by the person named in the order unless the order is rescinded by 143
the court under division (D) of this section. 144

        (C) When any application described in division (B) of this 145
section is refused as provided in that division, the registrar or 146
deputy registrar to whom application is made shall inform the 147
applicant that no such application may be accepted unless the 148
order is rescinded by the court under division (D) of this 149
section. The registrar or deputy registrar also shall inform the 150
applicant of the method described in that division for obtaining 151
rescission of the order. 152

       (D) The owner of a vehicle named in an order issued under 153
division (A) of this section may obtain a new order from the court 154
rescinding the original order by paying to the tow truck operator, 155
towing company, or other person who possesses the vehicle the 156
amount of towing and storage fees plus, if applicable, the 157
administrative fee specified in the original order. Upon 158
presentation to the court of evidence of payment to the operator, 159
company, or other person of that entire amount, the court shall 160
issue a new order rescinding its original order and shall send a 161
copy of the new order to the registrar. Upon receipt of the new 162
order, the registrar may accept an application for registration, 163
registration renewal, or transfer of registration from the person 164
named in the order. 165

        (E) This section does not apply to an applicant for 166
registration, registration renewal, or transfer of registration 167
who is a motor vehicle dealer as defined in section 4517.01 of the 168
Revised Code or a motor vehicle renting dealer as defined in 169
section 4549.65 of the Revised Code and is applying to register a 170
vehicle in that capacity. 171

       (F) The registrar shall adopt any forms and rules that are 172
necessary to carry out the registrar's duties under this section. 173

       Sec. 4513.66. The application of sections 4513.60 to 4513.65 174
of the Revised Code to a motor vehicle does not affect the 175
operation and applicability of Chapter 4509. of the Revised Code 176
to that motor vehicle. 177

       Section 2. That existing sections 4513.01 and 4513.62 of the 178
Revised Code are hereby repealed. 179

Section 1. That section 4513.01 and 4513.62 be amended and	8
sections 4513.621, 4513.622, and 4513.66 of the Revised Code be	9
enacted to read as follows:	10

Sec. 4513.01. ~~As provided~~The definitions contained in	11
section 4511.01 of the Revised Code~~, the definitions set forth in~~	12
~~that section~~ apply to this chapter, except that for purposes of	13
sections 4513.60 to 4513.65 of the Revised Code "motor vehicle"	14
does not include manufactured homes or mobile homes.	15

Sec. 4513.62. Unclaimed motor vehicles ordered into storage	16
pursuant to division (A)(1) of section 4513.60 or section 4513.61	17
of the Revised Code shall be disposed of at the order of the	18
sheriff of the county or the chief of police of the municipal	19
corporation, township, or township police district to a motor	20
vehicle salvage dealer or scrap metal processing facility as	21
defined in section 4737.05 of the Revised Code, or to any other	22
facility owned by or under contract with the county, municipal	23
corporation, or township, for the disposal of such motor vehicles,	24
or shall be sold by the sheriff, chief of police, or licensed	25
auctioneer at public auction, after giving notice thereof by	26
advertisement, published once a week for two successive weeks in a	27
newspaper of general circulation in the county. Any moneys	28
accruing from the disposition of an unclaimed motor vehicle that	29
are in excess of the expenses resulting from the removal and	30
storage of the vehicle shall be credited to the general fund of	31
the county, the municipal corporation, or the township, as the	32
case may be.	33

When a motor vehicle is disposed of under this section in any	34
manner, the county, municipal corporation, township, or township	35
police district shall send written notification to the vehicle	36
owner not later than twenty-one days after the disposition	37
informing the vehicle owner of that fact and of the amount that	38
resulted from the disposition and the amount of the expenses paid	39
from the proceeds of the disposition.	40

Sec. 4513.621. (A) A private tow truck operator, towing	41
company, or other person who is in possession of a motor vehicle	42
that was left on a public street or other property open to the	43
public for purposes of vehicular travel or upon or within the	44
right-of-way of any public road or highway and that was ordered	45
into storage pursuant to section 4513.61 of the Revised Code, and	46
that has remained unclaimed by the owner for more than fourteen	47
days, shall cause a search to be made of the records of the bureau	48
of motor vehicles to ascertain the owner and any lienholder of the	49
motor vehicle. If the operator, company, or other person is able	50
to obtain this information from a sheriff or chief of police who	51
obtained this information in accordance with section 4513.61 of	52
the Revised Code, the operator, company, or other person is not	53
required to cause the search described in this division to be	54
made. The operator, company, or other person shall send a notice	55
to the owner and any lienholder of record at each person's last	56
known address, by certified mail with return receipt requested.	57

(B) The notice that is sent pursuant to division (A) of this	58
section shall do all of the following:	59

(1) State that the operator, company, or other person is in	60
possession of the motor vehicles;	61

(2) State that the motor vehicle may be disposed of in	62
accordance with law if its release is not secured;	63

(3) Describe in detail the method by which the owner or	64
lienholder may claim the vehicle, including all fees due for the	65
removal and storage of the vehicle, the acceptable method of	66
payment, the hours during which the vehicle may be claimed, and	67
the acceptable proof of ownership or proof of a lien on the	68
vehicle, as the case may be. Presentation of a certificate of	69
title to the motor vehicle constitutes acceptable proof of	70
ownership and proof of a lien on the vehicle may be established	71
only by presentation of a written document that evidences the	72
lien.	73

The fees due may include an administrative fee of twenty-five	74
dollars to reimburse the operator, company, or other person in	75
possession of the motor vehicle for expenses incurred in acting	76
under and complying with sections 4513.621 and 4513.622 of the	77
Revised Code.	78

(4) State that, in accordance with section 4513.622 of the	79
Revised Code, the owner may not be eligible for the issuance of a	80
certificate of registration for any motor vehicle owned or leased	81
by the owner if the owner fails to pay the fees due for the	82
removal or storage of the motor vehicle, plus, if applicable, the	83
administrative fee described in this section.	84

(C) The owner or lienholder of the motor vehicle may reclaim	85
it upon payment of the fees due for its removal and storage and,	86
if applicable, any administrative fee, and presentation of	87
acceptable proof of ownership or proof of a lien on the vehicle.	88

(D) If the owner or lienholder does not reclaim the vehicle	89
in accordance with division (C) of this section, the operator,	90
company, or other person may proceed under section 4513.622 of the	91
Revised Code and request the small claims court to issue an order	92
prohibiting the vehicle owner from registering, renewing, or	93
transferring the registration of any vehicle.	94

Sec. 4513.622. (A) If the owner of a motor vehicle that is in	95
the possession of a tow truck operator, towing company, or other	96
person for more than thirty days fails to secure the release of	97
the motor vehicle as specified in section 4513.621 of the Revised	98
Code, the operator, company, or other person may file a claim in	99
the small claims division of the municipal court or county court	100
that has jurisdiction over the location from which the vehicle	101
originally was removed for the amount due the tow truck operator,	102
towing company, or other person. The total amount that can be	103
specified in the claim shall not exceed the amount of the towing	104
fee based on the prevailing rates in the jurisdiction of the law	105
enforcement entity that is involved plus the amount of the	106
applicable daily storage fee normally charged by the operator,	107
company, or other person multiplied by the number of days for	108
which the vehicle has been stored by the operator, towing company,	109
or other person, up to a maximum of thirty days, plus, if	110
applicable, the administrative fee.	111

The court shall schedule a hearing on the claim, and notice	112
shall be given to all parties as in any other case. At the	113
hearing, the operator, company, or other person shall submit to	114
the court all relevant evidence, including proof of the various	115
amounts that are claimed to be owed and proof that the notice	116
described in section 4513.621 of the Revised Code was mailed. The	117
court shall consider any testimony and evidence presented by the	118
vehicle owner prior to rendering its decision. If the court finds	119
in favor of the operator, company, or other person and, by a	120
preponderance of the evidence, finds that the operator, company,	121
or other person is in possession of the vehicle in question and is	122
owed an amount consisting of towing and storage fees relative to	123
that vehicle plus, if applicable, the administrative fee, and that	124
the operator, company, or other person sent the notice as required	125
by section 4513.261 of the Revised Code, the court shall issue a	126
judgment in favor of the operator, company, or other person that	127
establishes the total amount owed the operator, company, or other	128
person and the repayment terms and conditions. If the vehicle	129
owner fails to appear at the hearing or appears at the hearing but	130
refuses to accept the repayment terms and conditions established	131
by the court, the court shall issue an order prohibiting the	132
vehicle owner from registering, renewing, or transferring the	133
registration of any vehicle until all the applicable fees are	134
paid. The order shall indicate the total amount of fees due. The	135
court shall send a copy of this order to the registrar of motor	136
vehicles in a form and manner as the registrar prescribes.	137

(B) Except as provided in division (E) of this section, upon	138
receipt of an order from a court issued under division (A) of this	139
section, neither the registrar nor any deputy registrar shall	140
accept any application for the registration, registration renewal,	141
or transfer of registration of any motor vehicle owned or leased	142
by the person named in the order unless the order is rescinded by	143
the court under division (D) of this section.	144

(C) When any application described in division (B) of this	145
section is refused as provided in that division, the registrar or	146
deputy registrar to whom application is made shall inform the	147
applicant that no such application may be accepted unless the	148
order is rescinded by the court under division (D) of this	149
section. The registrar or deputy registrar also shall inform the	150
applicant of the method described in that division for obtaining	151
rescission of the order.	152

(D) The owner of a vehicle named in an order issued under	153
division (A) of this section may obtain a new order from the court	154
rescinding the original order by paying to the tow truck operator,	155
towing company, or other person who possesses the vehicle the	156
amount of towing and storage fees plus, if applicable, the	157
administrative fee specified in the original order. Upon	158
presentation to the court of evidence of payment to the operator,	159
company, or other person of that entire amount, the court shall	160
issue a new order rescinding its original order and shall send a	161
copy of the new order to the registrar. Upon receipt of the new	162
order, the registrar may accept an application for registration,	163
registration renewal, or transfer of registration from the person	164
named in the order.	165

(E) This section does not apply to an applicant for	166
registration, registration renewal, or transfer of registration	167
who is a motor vehicle dealer as defined in section 4517.01 of the	168
Revised Code or a motor vehicle renting dealer as defined in	169
section 4549.65 of the Revised Code and is applying to register a	170
vehicle in that capacity.	171

(F) The registrar shall adopt any forms and rules that are	172
necessary to carry out the registrar's duties under this section.	173

Sec. 4513.66. The application of sections 4513.60 to 4513.65	174
of the Revised Code to a motor vehicle does not affect the	175
operation and applicability of Chapter 4509. of the Revised Code	176
to that motor vehicle.	177

Section 2. That existing sections 4513.01 and 4513.62 of the	178
Revised Code are hereby repealed.	179