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To amend sections 3333.31, 4507.01, 4507.06, 4507.09, | 1 |
4507.50, 4507.51, and 4507.52 and to enact | 2 |
sections 8.01 to 8.10, 4507.092, and 5747.027 of | 3 |
the Revised Code to require in specified | 4 |
situations the verification of immigration status | 5 |
of persons who are not United States citizens, to | 6 |
impose state income taxes at a rate of six per | 7 |
cent per annum on the compensation of specified | 8 |
independent contractors who fail to document such | 9 |
verification, and to restrict the employment, | 10 |
transport, post-secondary education benefits, | 11 |
driver's licenses and identification cards, and | 12 |
receipt of public benefits of persons who are not | 13 |
legal residents of the United States. | 14 |
Section 1. That sections 3333.31, 4507.01, 4507.06, 4507.09, | 15 |
4507.50, 4507.51, and 4507.52 be amended and sections 8.01, 8.02, | 16 |
8.03, 8.04, 8.05, 8.06, 8.07, 8.08, 8.09, 8.10, 4507.092, and | 17 |
5747.027 of the Revised Code be enacted to read as follows: | 18 |
Sec. 8.01. As used in any section of the Revised Code: | 19 |
(A) "Alien" means a person who is not a United States citizen | 20 |
or a United States national. | 21 |
(B) "Illegal alien" means an alien who is deportable if | 22 |
apprehended because of one of the following: | 23 |
(1) The alien entered the United States illegally without the | 24 |
proper authorization and documents. | 25 |
(2) The alien once entered the United States legally and has | 26 |
since violated the terms of the status under which the alien | 27 |
entered the United States, making that alien an "out of status" | 28 |
alien. | 29 |
(3) The alien once entered the United States legally but has | 30 |
overstayed the time limits of the original legal status. | 31 |
(C) "Immigrant" and "legal permanent resident alien" mean an | 32 |
alien who has been granted the right by the United States bureau | 33 |
of citizenship and immigration services to reside permanently in | 34 |
the United States and to work without restrictions in the United | 35 |
States. | 36 |
(D) "Nonimmigrant" and "legal resident alien" mean an alien | 37 |
who has been granted the right by the United States bureau of | 38 |
citizenship and immigration services to reside temporarily in the | 39 |
United States and the period of that temporary residence has not | 40 |
expired. | 41 |
(E) "Public employer" means any department, agency, or | 42 |
instrumentality of the state or a political subdivision of the | 43 |
state. | 44 |
(F) "Status verification system" means any electronic system | 45 |
the federal government operates to enable a person to verify or | 46 |
ascertain the citizenship or immigration status of any individual. | 47 |
"Status verification system" includes all of the following: | 48 |
(1) The electronic verification of work authorization program | 49 |
known as the "basic pilot program," 8 U.S.C. 1324a, operated by | 50 |
the United States department of homeland security, and any | 51 |
equivalent federal program that the United States department of | 52 |
homeland security or other federal agency designates to verify | 53 |
the work eligibility status of newly hired employees, pursuant to | 54 |
the "Immigration Reform and Control Act of 1986," P. Law 99-603, | 55 |
100 Stat. 3360. | 56 |
(2) Any independent, third-party system with an equal or | 57 |
higher degree of reliability as the programs, systems, or | 58 |
processes described division (A)(1) of this section. | 59 |
(3) The social security number verification service, or any | 60 |
similar online verification process the United States social | 61 |
security administration operates. | 62 |
(G) "Subcontractor" means a subcontractor, contract employee, | 63 |
staffing agency, or any contractor regardless of its tier. | 64 |
(H) "Unauthorized alien" means an alien who is not authorized | 65 |
to be employed as determined in accordance with section 101(a) of | 66 |
the "Immigration Reform and Control Act of 1986," 100 Stat. 3360, | 67 |
8 U.S.C. 1324a. | 68 |
Sec. 8.02. (A) No person shall transport, move, or attempt to | 69 |
transport in this state any illegal alien, knowing or acting in | 70 |
reckless disregard of the fact that the alien has come to, | 71 |
entered, or remained in the United States in violation of law, or | 72 |
in furtherance of the illegal presence of the alien in the United | 73 |
States. | 74 |
(B) No person knowingly shall conceal or shelter from | 75 |
detection any illegal alien in any place within this state, | 76 |
including any building or means of transportation, knowing or in | 77 |
reckless disregard of the fact that the alien has come to, | 78 |
entered, or remained in the United States in violation of law. | 79 |
(C) Nothing in this section shall be construed in a manner to | 80 |
prohibit or restrict any state or local public benefit described | 81 |
in 8 U.S.C. 1621(b), or any public health service that a private | 82 |
charity provides with private funds. | 83 |
(D) A violation of division (A) or (B) of this section is | 84 |
punishable by imprisonment for not less than one year or by a fine | 85 |
of not less than one thousand dollars, or both. | 86 |
Sec. 8.03. (A) Every entity that operates a jail in this | 87 |
state shall designate an official, who may be a jail keeper, | 88 |
sheriff, or other person the entity designates, to act on its | 89 |
behalf in carrying out this section. | 90 |
(B) When a person charged with a felony or with driving under | 91 |
the influence is confined in a jail for any period of time, the | 92 |
official designated pursuant to division (A) of this section shall | 93 |
make a reasonable effort to determine the citizenship status of | 94 |
the confined person. | 95 |
(C) If the designated official determines that the confined | 96 |
person is an alien, the official shall make a reasonable effort to | 97 |
verify that the person has been lawfully admitted to the United | 98 |
States and that any lawful status has not expired. If the official | 99 |
cannot verify the person's lawful status based on documents in the | 100 |
person's possession, the official shall within forty-eight hours | 101 |
make a query to the law enforcement support center of the United | 102 |
States department of homeland security or other office or agency | 103 |
that the United States department of homeland security designates | 104 |
for that purpose. If the official cannot verify the lawful | 105 |
immigration status of the confined person based on that query, the | 106 |
official shall notify the United States department of homeland | 107 |
security. | 108 |
(D) "Jail" has the same meaning as in section 2929.01 of the | 109 |
Revised Code. | 110 |
Sec. 8.04. When any judge or court determines the matter of a | 111 |
grant or issuance of bond, it is a rebuttable presumption that a | 112 |
person who is an illegal alien is at risk of flight. | 113 |
Sec. 8.05. (A) Every public employer shall register with a | 114 |
status verification system and use that system to verify the | 115 |
employment authorization status of all new employees. | 116 |
(B)(1) After July 1, 2008, no public employer shall enter | 117 |
into a contract for the physical performance of services within | 118 |
this state unless the contractor registers and participates in a | 119 |
status verification system. | 120 |
(2) After July 1, 2008, no contractor or subcontractor shall | 121 |
enter into any contract to provide a public employer with the | 122 |
physical performance of services in this state unless the | 123 |
contractor or subcontractor registers and participates in a status | 124 |
verification system to verify information of all new employees. | 125 |
(3) This division does not apply to any contract entered into | 126 |
prior to the effective date of this section even if the service or | 127 |
labor is performed after July 1, 2008. | 128 |
(C) The director of commerce shall adopt rules pursuant to | 129 |
Chapter 119. of the Revised Code under which the director | 130 |
administers sections 8.05 to 8.07 of the Revised Code. | 131 |
Sec. 8.06. (A) Any individual who acts as an independent | 132 |
contractor and contracts to provide the physical performance of | 133 |
services in this state shall document the employment authorization | 134 |
of persons who perform labor for that independent contractor. | 135 |
(B) If a contractor fails to provide the contracting entity | 136 |
with documentation of employment authorization as division (A) of | 137 |
this section requires, the contracting entity shall withhold from | 138 |
that contractor's compensation an amount for state income taxes at | 139 |
the rate of six per cent of the total amount of compensation paid | 140 |
to the contractor. The Ohio income taxes imposed on any such | 141 |
compensation shall be computed pursuant to section 5747.027 of the | 142 |
Revised Code. | 143 |
(C) Any contracting entity that fails to comply with the | 144 |
withholding division (B) of this section requires is liable for | 145 |
the income taxes imposed pursuant to that section unless the | 146 |
contracting entity is exempt from federal withholding with respect | 147 |
to the contractor pursuant to a properly filed internal revenue | 148 |
service form 8233 or its equivalent. | 149 |
(D) Nothing in this section shall be construed as creating an | 150 |
employer-employee relationship between a contracting entity and an | 151 |
individual independent contractor. | 152 |
Sec. 8.07. (A) No employer shall discharge an employee who is | 153 |
a United States citizen or legal permanent resident alien while | 154 |
that employer retains an employee whom the employer knows, or | 155 |
reasonably should have known, is an unauthorized alien hired after | 156 |
July 1, 2008 and who works for the employer in a job category | 157 |
that, as defined by 29 U.S.C. 206(d)(1), requires equal skill, | 158 |
effort, and responsibility and is performed under similar working | 159 |
conditions as the job category of the discharged employee. | 160 |
(B) An employer is exempt from liability, investigation, or | 161 |
suit arising from any action under this division if on the date of | 162 |
a discharge that is alleged to violate division (A) of this | 163 |
section, the employer was enrolled in and used a status | 164 |
verification system to verify the employment eligibility of its | 165 |
employees. | 166 |
(C) A violation of this section does not give rise to any | 167 |
cause of action except as provided in this section. | 168 |
Sec. 8.08. (A) No individual fourteen years of age or older | 169 |
shall qualify for a public assistance program a state agency or | 170 |
political subdivision administers unless the individual or another | 171 |
individual on that person's behalf verifies that the individual is | 172 |
a United States citizen or meets the program's requirements | 173 |
concerning alien status. | 174 |
(B)(1) Any agency or political subdivision that provides | 175 |
local or state public benefits shall require that any applicant | 176 |
for those benefits execute, under penalty of perjury, an affidavit | 177 |
the agency or political subdivision provides. In the affidavit, | 178 |
the applicant shall affirm that the applicant is a United States | 179 |
citizen or an alien qualified to receive the public benefit under | 180 |
the federal immigration and nationality act, and that the person | 181 |
is lawfully present in the United States. | 182 |
(2) The agency or political subdivision providing the public | 183 |
benefits shall provide notary public services at no cost to the | 184 |
applicant. | 185 |
(C) Any agency or political subdivision that provides state | 186 |
or local public benefits shall use the "Systematic Alien | 187 |
Verification for Entitlements" (SAVE) program operated by the | 188 |
United States department of homeland security, or an equivalent | 189 |
program the department designates, to verify the eligibility of | 190 |
any applicant who executes the affidavit division (B) of this | 191 |
section describes. Until the agency receives verification of | 192 |
eligibility, the affidavit is presumed to be proof of lawful | 193 |
presence for the purpose of receiving the public benefit. | 194 |
(D) Agencies and political subdivisions of this state may | 195 |
adopt any variation to the requirements of this section if the | 196 |
variation demonstrably improves the efficiency or reduces delay in | 197 |
the verification process, or enables the adjudication of unique | 198 |
individual circumstances where the verification procedures in this | 199 |
section would impose unusual hardship on a legal resident. | 200 |
(E) Divisions (A) to (C) of this section do not apply to any | 201 |
of the following: | 202 |
(1) Any purpose for which lawful presence in the United | 203 |
States is not restricted by law, ordinance, or regulation; | 204 |
(2) Assistance for health care items and services that are | 205 |
necessary for treating an emergency medical condition as defined | 206 |
in 42 U.S.C. 1396b(v)(3) and that are not related to an organ | 207 |
transplant procedure; | 208 |
(3) Short-term, non-cash, in-kind emergency disaster relief; | 209 |
(4) Public health assistance for immunizations with respect | 210 |
to diseases and for testing and treatment of symptoms of | 211 |
communicable diseases whether or not such symptoms are caused by a | 212 |
communicable disease; | 213 |
(5) Programs, services, or assistance such as soup kitchens, | 214 |
crisis counseling and intervention, and short-term shelter, | 215 |
provided through public and private nonprofit agencies that do not | 216 |
condition the provision of assistance, the amount of assistance, | 217 |
or the cost of assistance on the income or resources of the | 218 |
individual recipient, and the program, service, or assistance is | 219 |
necessary for the protection of life or safety, including programs | 220 |
the United States attorney general specifies. | 221 |
(F) Any person who knowingly and willfully makes a false, | 222 |
fictitious, or fraudulent statement or representation in an | 223 |
affidavit executed pursuant to division (B) of this section is | 224 |
subject to criminal penalties for fraudulently obtaining public | 225 |
assistance program benefits. If the affidavit constitutes a false | 226 |
claim of U.S. citizenship under 18 U.S.C. 911, the agency shall | 227 |
file a complaint with the United States attorney general. | 228 |
(G) No agency or political subdivision shall provide any | 229 |
state, local, or federal benefit, as defined in 8 U.S.C. 1621 and | 230 |
8 U.S.C. 1611, in violation of this section. | 231 |
Sec. 8.09. (A) Any agency that administers a program of state | 232 |
or local public benefits annually shall report its compliance with | 233 |
this section to the governor, the president of the senate, and the | 234 |
speaker of the house of representatives. | 235 |
(B) Each agency shall monitor the systematic alien | 236 |
verification for entitlements program for application verification | 237 |
errors and significant delays. The agency annually shall report to | 238 |
the United States department of homeland security any errors or | 239 |
significant delays it encounters and make any recommendation it | 240 |
deems appropriate to ensure that the program does not erroneously | 241 |
deny benefits to legal residents of this state. | 242 |
Sec. 8.10. (A) No institution of higher education shall | 243 |
provide any postsecondary education benefit, including, but not | 244 |
limited to, scholarships and financial aid, grants, loans, | 245 |
resident in-state tuition, or any other type of monetary | 246 |
assistance to any person who is an illegal alien. | 247 |
(B) This section does not apply to a student enrolled in a | 248 |
degree program at a postsecondary educational institution during | 249 |
the 2007-2008 school year or any prior year who received a tuition | 250 |
benefit on the basis of residency status determined pursuant to | 251 |
section 3333.31 of the Revised Code. | 252 |
(C) Any benefit a public institution grants shall be made | 253 |
pursuant to the procedures set forth in section 3333.31 of the | 254 |
Revised Code and rules the board of regents adopts pursuant to | 255 |
that section. | 256 |
(D) As used in this section, "institution of higher | 257 |
education" means any of the following: | 258 |
(1) A state university or college as defined in division | 259 |
(A)(1) of section 3345.12 of the Revised Code, community college, | 260 |
state community college, university branch, or technical college; | 261 |
(2) A private, nonprofit college, university or other | 262 |
post-secondary institution located in this state that possesses a | 263 |
certificate of authorization issued by the Ohio board of regents | 264 |
pursuant to Chapter 1713. of the Revised Code; | 265 |
(3) A post-secondary institution with a certificate of | 266 |
registration issued by the state board of career colleges and | 267 |
schools under Chapter 3332. of the Revised Code. | 268 |
Sec. 3333.31. (A) For state subsidy and tuition surcharge | 269 |
purposes, status as a resident of Ohio shall be defined by the | 270 |
chancellor of the Ohio board of regents by rule promulgated | 271 |
pursuant to Chapter 119. of the Revised Code. No adjudication as | 272 |
to the status of any person under such rule, however, shall be | 273 |
required to be made pursuant to Chapter 119. of the Revised Code. | 274 |
The term "resident" for these purposes shall not be equated with | 275 |
the definition of that term as it is employed elsewhere under the | 276 |
laws of this state and other states, and shall not carry with it | 277 |
any of the legal connotations appurtenant thereto. Rather, for | 278 |
such purposes, the rule promulgated under this section shall have | 279 |
the objective of excluding from treatment as residents those who | 280 |
are present in the state primarily for the purpose of attending a | 281 |
state-supported or state-assisted institution of higher education, | 282 |
and may prescribe presumptive rules, rebuttable or conclusive, as | 283 |
to such purpose based upon the source or sources of support of the | 284 |
student, residence prior to first enrollment, evidence of | 285 |
intention to remain in the state after completion of studies, or | 286 |
such other factors as the chancellor deems relevant. | 287 |
(B) The rules of the chancellor for determining student | 288 |
residency shall not deny residency status to a student who is | 289 |
either a dependent child of a parent, or the spouse of a person | 290 |
who, as of the first day of a term of enrollment in an institution | 291 |
of higher education, has accepted full-time employment and | 292 |
established domicile in this state for reasons other than gaining | 293 |
the benefit of favorable tuition rates. | 294 |
Documentation of full-time employment and domicile shall | 295 |
include both of the following documents: | 296 |
(1) A sworn statement from the employer or the employer's | 297 |
representative on the letterhead of the employer or the employer's | 298 |
representative certifying that the parent or spouse of the student | 299 |
is employed full-time in Ohio; | 300 |
(2) A copy of the lease under which the parent or spouse is | 301 |
the lessee and occupant of rented residential property in the | 302 |
state, a copy of the closing statement on residential real | 303 |
property of which the parent or spouse is the owner and occupant | 304 |
in this state or, if the parent or spouse is not the lessee or | 305 |
owner of the residence in which the parent or spouse has | 306 |
established domicile, a letter from the owner of the residence | 307 |
certifying that the parent or spouse resides at that residence. | 308 |
Residency officers may also evaluate, in accordance with the | 309 |
chancellor's rule, requests for immediate residency status from | 310 |
dependent students whose parents are not living and whose domicile | 311 |
follows that of a legal guardian who has accepted full-time | 312 |
employment and established domicile in the state for reasons other | 313 |
than gaining the benefit of favorable tuition rates. | 314 |
(C)(1) The rules of the board of regents shall require a | 315 |
student who desires any benefit available only to residents of | 316 |
Ohio to provide to the state institution of higher education | 317 |
documentation that is evidence of citizenship or lawful | 318 |
immigration status. If the student cannot provide such | 319 |
documentation, the student may provide a copy of a true and | 320 |
correct application or petition filed with the United States | 321 |
citizenship and immigration services to legalize the student's | 322 |
immigration status, or an affidavit stating that the student will | 323 |
file an application to receive legal immigration status at the | 324 |
earliest opportunity the student is eligible to do so but in no | 325 |
case later than one year after the date on which the student | 326 |
enrolls for study at the institution. | 327 |
(2) Any student who files an affidavit pursuant to this | 328 |
division shall present to the institution a copy of a true and | 329 |
correct copy of that application or petition, which copy shall be | 330 |
maintained in the institution's records for that student. | 331 |
(3) Any student who complies with this division may not be | 332 |
disqualified on the basis of immigration status from any | 333 |
scholarships or financial aid this state provides. | 334 |
(4) This division shall not be construed to impose any | 335 |
additional conditions to maintain resident tuition status at a | 336 |
postsecondary educational institution within this state on a | 337 |
student who was enrolled in a degree program and first received | 338 |
tuition status as a resident of Ohio at that institution during | 339 |
the 2007-2008 school year or any prior year. | 340 |
(D) "Dependent," "domicile," "institution of higher | 341 |
education," and "residency officer" have the meanings ascribed in | 342 |
the chancellor's rules adopted under this section. | 343 |
Sec. 4507.01. (A) As used in this chapter, "motor vehicle," | 344 |
"motorized bicycle," "state," "owner," "operator," "chauffeur," | 345 |
and "highways" have the same meanings as in section 4501.01 of the | 346 |
Revised Code. | 347 |
"Driver's license" means a class D license issued to any | 348 |
person to operate a motor vehicle or motor-driven cycle, other | 349 |
than a commercial motor vehicle, and includes "probationary | 350 |
license," "restricted license," and any operator's or chauffeur's | 351 |
license issued before January 1, 1990. | 352 |
"Probationary license" means the license issued to any person | 353 |
between sixteen and eighteen years of age to operate a motor | 354 |
vehicle. | 355 |
"Restricted license" means the license issued to any person | 356 |
to operate a motor vehicle subject to conditions or restrictions | 357 |
imposed by the registrar of motor vehicles. | 358 |
"Commercial driver's license" means the license issued to a | 359 |
person under Chapter 4506. of the Revised Code to operate a | 360 |
commercial motor vehicle. | 361 |
"Commercial motor vehicle" has the same meaning as in section | 362 |
4506.01 of the Revised Code. | 363 |
"Motorized bicycle license" means the license issued under | 364 |
section 4511.521 of the Revised Code to any person to operate a | 365 |
motorized bicycle including a "probationary motorized bicycle | 366 |
license." | 367 |
"Probationary motorized bicycle license" means the license | 368 |
issued under section 4511.521 of the Revised Code to any person | 369 |
between fourteen and sixteen years of age to operate a motorized | 370 |
bicycle. | 371 |
"Identification card" means a card issued under sections | 372 |
4507.50 and 4507.51 of the Revised Code. | 373 |
"Resident" means a person who, in accordance with standards | 374 |
prescribed in rules adopted by the registrar, resides in this | 375 |
state on a permanent basis. | 376 |
"Temporary resident" means a person who, in accordance with | 377 |
standards prescribed in rules adopted by the registrar, resides in | 378 |
this state on a temporary basis. "Temporary resident" includes any | 379 |
person who is not a United States citizen, national, or legal | 380 |
permanent resident alien. | 381 |
(B) In the administration of this chapter and Chapter 4506. | 382 |
of the Revised Code, the registrar has the same authority as is | 383 |
conferred on the registrar by section 4501.02 of the Revised Code. | 384 |
Any act of an authorized deputy registrar of motor vehicles under | 385 |
direction of the registrar is deemed the act of the registrar. | 386 |
To carry out this chapter, the registrar shall appoint such | 387 |
deputy registrars in each county as are necessary. | 388 |
The registrar also shall provide at each place where an | 389 |
application for a driver's or commercial driver's license or | 390 |
identification card may be made the necessary equipment to take a | 391 |
color photograph of the applicant for such license or card as | 392 |
required under section 4506.11 or 4507.06 of the Revised Code, and | 393 |
to conduct the vision screenings required by section 4507.12 of | 394 |
the Revised Code, and equipment to laminate licenses, motorized | 395 |
bicycle licenses, and identification cards as required by sections | 396 |
4507.13, 4507.52, and 4511.521 of the Revised Code. | 397 |
The registrar shall assign one or more deputy registrars to | 398 |
any driver's license examining station operated under the | 399 |
supervision of the state highway patrol, whenever the registrar | 400 |
considers such assignment possible. Space shall be provided in the | 401 |
driver's license examining station for any such deputy registrar | 402 |
so assigned. The deputy registrars shall not exercise the powers | 403 |
conferred by such sections upon the registrar, unless they are | 404 |
specifically authorized to exercise such powers by such sections. | 405 |
(C) No agent for any insurance company, writing automobile | 406 |
insurance, shall be appointed deputy registrar, and any such | 407 |
appointment is void. No deputy registrar shall in any manner | 408 |
solicit any form of automobile insurance, nor in any manner | 409 |
advise, suggest, or influence any licensee or applicant for | 410 |
license for or against any kind or type of automobile insurance, | 411 |
insurance company, or agent, nor have the deputy registrar's | 412 |
office directly connected with the office of any automobile | 413 |
insurance agent, nor impart any information furnished by any | 414 |
applicant for a license or identification card to any person, | 415 |
except the registrar. This division shall not apply to any | 416 |
nonprofit corporation appointed deputy registrar. | 417 |
(D) The registrar shall immediately remove a deputy registrar | 418 |
who violates the requirements of this chapter. | 419 |
(E) The registrar shall periodically solicit bids and enter | 420 |
into a contract for the provision of laminating equipment and | 421 |
laminating materials to the registrar and all deputy registrars. | 422 |
The registrar shall not consider any bid that does not provide for | 423 |
the supplying of both laminating equipment and laminating | 424 |
materials. The laminating materials selected shall contain a | 425 |
security feature so that any tampering with the laminating | 426 |
material covering a license or identification card is readily | 427 |
apparent. In soliciting bids and entering into a contract for the | 428 |
provision of laminating equipment and laminating materials, the | 429 |
registrar shall observe all procedures required by law. | 430 |
Sec. 4507.06. (A)(1) Every application for a driver's | 431 |
license or motorcycle operator's license or endorsement, or | 432 |
duplicate of any such license or endorsement, shall be made upon | 433 |
the approved form furnished by the registrar of motor vehicles and | 434 |
shall be signed by the applicant. | 435 |
Every application shall state the following: | 436 |
(a) The applicant's name, date of birth, social security | 437 |
number if such has been assigned, sex, general description, | 438 |
including height, weight, color of hair, and eyes, residence | 439 |
address, including county of residence, duration of residence in | 440 |
this state, and country of citizenship; | 441 |
(b) Whether the applicant previously has been licensed as an | 442 |
operator, chauffeur, driver, commercial driver, or motorcycle | 443 |
operator and, if so, when, by what state, and whether such license | 444 |
is suspended or canceled at the present time and, if so, the date | 445 |
of and reason for the suspension or cancellation; | 446 |
(c) Whether the applicant is now or ever has been afflicted | 447 |
with epilepsy, or whether the applicant now is suffering from any | 448 |
physical or mental disability or disease and, if so, the nature | 449 |
and extent of the disability or disease, giving the names and | 450 |
addresses of physicians then or previously in attendance upon the | 451 |
applicant; | 452 |
(d) Whether an applicant for a duplicate driver's license, or | 453 |
duplicate license containing a motorcycle operator endorsement has | 454 |
pending a citation for violation of any motor vehicle law or | 455 |
ordinance, a description of any such citation pending, and the | 456 |
date of the citation; | 457 |
(e) Whether the applicant wishes to certify willingness to | 458 |
make an anatomical gift under section 2108.04 of the Revised Code, | 459 |
which shall be given no consideration in the issuance of a license | 460 |
or endorsement; | 461 |
(f) Whether the applicant has executed a valid durable power | 462 |
of attorney for health care pursuant to sections 1337.11 to | 463 |
1337.17 of the Revised Code or has executed a declaration | 464 |
governing the use or continuation, or the withholding or | 465 |
withdrawal, of life-sustaining treatment pursuant to sections | 466 |
2133.01 to 2133.15 of the Revised Code and, if the applicant has | 467 |
executed either type of instrument, whether the applicant wishes | 468 |
the applicant's license to indicate that the applicant has | 469 |
executed the instrument. | 470 |
(2) Every applicant for a driver's license shall be | 471 |
photographed in color at the time the application for the license | 472 |
is made. The application shall state any additional information | 473 |
that the registrar requires. | 474 |
(3) If the applicant is not a United States citizen, | 475 |
national, or legal permanent resident alien, the applicant shall | 476 |
provide valid documentary evidence that the applicant's status has | 477 |
been continued or extended by the United States citizenship and | 478 |
immigration services or other authorized agency of the United | 479 |
States department of homeland security. | 480 |
(B) The registrar or a deputy registrar, in accordance with | 481 |
section 3503.11 of the Revised Code, shall register as an elector | 482 |
any person who applies for a driver's license or motorcycle | 483 |
operator's license or endorsement under division (A) of this | 484 |
section, or for a renewal or duplicate of the license or | 485 |
endorsement, if the applicant is eligible and wishes to be | 486 |
registered as an elector. The decision of an applicant whether to | 487 |
register as an elector shall be given no consideration in the | 488 |
decision of whether to issue the applicant a license or | 489 |
endorsement, or a renewal or duplicate. | 490 |
(C) The registrar or a deputy registrar, in accordance with | 491 |
section 3503.11 of the Revised Code, shall offer the opportunity | 492 |
of completing a notice of change of residence or change of name to | 493 |
any applicant for a driver's license or endorsement under division | 494 |
(A) of this section, or for a renewal or duplicate of the license | 495 |
or endorsement, if the applicant is a registered elector who has | 496 |
changed the applicant's residence or name and has not filed such a | 497 |
notice. | 498 |
Sec. 4507.09. (A) Except as provided in division (B) of this | 499 |
section, every driver's license issued to a resident of this state | 500 |
expires on the birthday of the applicant in the fourth year after | 501 |
the date it is issued and every driver's license issued to a | 502 |
temporary resident expires in accordance with rules adopted by the | 503 |
registrar of motor vehicles. In no event shall any license be | 504 |
issued for a period longer than four years and ninety days. Any | 505 |
| 506 |
4507.12 of the
Revised
Code | 507 |
A driver's license issued to a resident is renewable at any | 508 |
time prior to its expiration and any license of a temporary | 509 |
resident is nonrenewable. A nonrenewable license may be replaced | 510 |
with a new license within ninety days prior to its expiration in | 511 |
accordance with division (E) of this section. No refund shall be | 512 |
made or credit given for the unexpired portion of | 513 |
license that is renewed. The registrar of motor vehicles shall | 514 |
notify each person whose driver's license has expired within | 515 |
forty-five days after the date of expiration. Notification shall | 516 |
be made by regular mail sent to the person's last known address as | 517 |
shown in the records of the bureau of motor vehicles. Failure to | 518 |
provide such notification shall not be construed as a renewal or | 519 |
extension of any license. For the purposes of this section, the | 520 |
date of birth of any applicant born on the twenty-ninth day of | 521 |
February shall be deemed to be the first day of March in any year | 522 |
in which there is no twenty-ninth day of February. | 523 |
(B) Every driver's license or renewal of a driver's license | 524 |
issued to an applicant who is sixteen years of age or older, but | 525 |
less than twenty-one years of age, expires on the twenty-first | 526 |
birthday of the applicant, except that an applicant who applies no | 527 |
more than thirty days before the applicant's twenty-first birthday | 528 |
shall be issued a license in accordance with division (A) of this | 529 |
section. | 530 |
(C) Each person licensed as a driver under this chapter shall | 531 |
notify the registrar of any change in the person's address within | 532 |
ten days following that change. The notification shall be in | 533 |
writing on a form provided by the registrar and shall include the | 534 |
full name, date of birth, license number, county of residence, | 535 |
social security number, and new address of the person. | 536 |
(D) No driver's license shall be renewed when renewal is | 537 |
prohibited by division (A) of section 4507.091 of the Revised | 538 |
Code. | 539 |
(E) A nonrenewable license may be replaced with a new license | 540 |
within ninety days prior to its expiration upon the applicant's | 541 |
presentation of documentation verifying the applicant's legal | 542 |
presence in the United States. A nonrenewable license expires on | 543 |
the same date listed on the legal presence documentation, or on | 544 |
the same date in the fourth year after the date the nonrenewable | 545 |
license is issued, whichever comes first unless there is no | 546 |
definite end to the applicant's authorized stay, in which case the | 547 |
expiration date is one year from the issuance of the license. A | 548 |
nonrenewable license is not transferable, and the applicant may | 549 |
not rely on it to obtain a driver's license in another state. | 550 |
In accordance with Chapter 119. of the Revised Code, the | 551 |
registrar of motor vehicles shall adopt rules governing | 552 |
nonrenewable licenses for temporary residents. At a minimum, the | 553 |
rules shall include provisions specifying all of the following: | 554 |
(1) That no nonrenewable license may extend beyond the | 555 |
duration of the applicant's temporary residence in this state; | 556 |
(2) That no nonrenewable license may be replaced by a new | 557 |
license unless the applicant provides acceptable documentation of | 558 |
the person's identity and of the applicant's continued temporary | 559 |
residence in this state | 560 |
replace a nonrenewable license is not a United States citizen, | 561 |
national, or legal permanent resident alien, the applicant shall | 562 |
provide valid documentary evidence that the applicant's status has | 563 |
been continued or extended by the United States citizenship and | 564 |
immigration services or other authorized agency of the United | 565 |
States department of homeland security. | 566 |
(3) That no nonrenewable license is valid to apply for a | 567 |
driver's license in any other state; | 568 |
(4) That every nonrenewable license may contain any security | 569 |
features that the registrar prescribes; | 570 |
(5) That a nonrenewable license is the only type of license | 571 |
that may be issued to a person who is not a United States citizen, | 572 |
national, or legal permanent resident alien. | 573 |
Sec. 4507.092. (A) The registrar of motor vehicles shall | 574 |
adopt rules governing the issuance of a driver's license or | 575 |
identification card to an individual who is not a United States | 576 |
citizen, national, or legal permanent resident alien. The rules | 577 |
shall include all of the following: | 578 |
(1) No individual other than a United States citizen or | 579 |
national shall receive any type of driver's license, probationary | 580 |
license, or identification card unless that individual presents, | 581 |
in person, valid documentary evidence of any of the following: | 582 |
(a) A valid, unexpired immigrant or nonimmigrant visa status | 583 |
for admission into the United States; | 584 |
(b) A pending or approved application for asylum in the | 585 |
United States; | 586 |
(c) Admission into the United States in refugee status; | 587 |
(d) A pending or approved application for temporary protected | 588 |
status in the United States; | 589 |
(e) Approved deferred action status; | 590 |
(f) A pending application for adjustment of status to legal | 591 |
permanent residence status or conditional resident status. | 592 |
(2) Any person who is not a United States citizen, national, | 593 |
or legal permanent resident alien is deemed to be a temporary | 594 |
resident and only a nonrenewable license or identification card | 595 |
may be issued to that person. | 596 |
(B) Any license or identification card issued to a person who | 597 |
is not a United States citizen, national, or legal permanent | 598 |
resident alien is valid only during the period of time of the | 599 |
applicant's authorized stay in the United States or, if there is | 600 |
no definite end to the period of authorized stay, a period of one | 601 |
year. The document shall indicate clearly that the document is | 602 |
temporary and state the date that it expires. Except as otherwise | 603 |
provided in this section, the document may be renewed only upon | 604 |
presentation of valid documentary evidence that the applicant's | 605 |
status has been extended by the United States citizenship and | 606 |
immigration services or other authorized agency of the United | 607 |
States department of homeland security. | 608 |
(C) Any driver's license that is not expired, cancelled, | 609 |
suspended, or revoked is presumed to have been issued in | 610 |
accordance with division (B) of this section when an application | 611 |
is made for its renewal. If the registrar receives notice that a | 612 |
local, state, or federal government agency provided the department | 613 |
of public safety with information that indicates a reasonable | 614 |
suspicion that the individual seeking the renewal or reissuance is | 615 |
present in the United States in violation of law, the rules shall | 616 |
require the applicant to follow the procedures in division (B) of | 617 |
this section for the renewal or reissuance of the license. | 618 |
Sec. 4507.50. (A) The registrar of motor vehicles or a | 619 |
deputy registrar, upon receipt of an application filed in | 620 |
compliance with section 4507.51 of the Revised Code by any person | 621 |
who is a resident or a temporary resident of this state and, | 622 |
except as otherwise provided in this section, is not licensed as | 623 |
an operator of a motor vehicle in this state or another licensing | 624 |
jurisdiction, and, except as provided in division (B) of this | 625 |
section, upon receipt of a fee of three dollars and fifty cents, | 626 |
shall issue an identification card to that person. | 627 |
Any person who is a resident or temporary resident of this | 628 |
state whose Ohio driver's or commercial driver's license has been | 629 |
suspended or canceled, upon application in compliance with section | 630 |
4507.51 of the Revised Code and, except as provided in division | 631 |
(B) of this section, payment of a fee of three dollars and fifty | 632 |
cents, may be issued a temporary identification card. The | 633 |
temporary identification card shall be identical to an | 634 |
identification card, except that it shall be printed on its face | 635 |
with a statement that the card is valid during the effective dates | 636 |
of the suspension or cancellation of the cardholder's license, or | 637 |
until the birthday of the cardholder in the fourth year after the | 638 |
date on which it is issued, whichever is shorter. A temporary | 639 |
identification card issued to a person who is a temporary resident | 640 |
shall indicate clearly that the document is temporary and state | 641 |
its expiration date. The expiration date for a temporary resident | 642 |
is the earlier of four years or the last day of the applicant's | 643 |
authorized stay in the United States unless there is no definite | 644 |
end to the applicant's authorized stay, in which case the | 645 |
expiration date is one year from the card's issuance. The | 646 |
cardholder shall surrender the identification card to the | 647 |
registrar or any deputy registrar before the cardholder's driver's | 648 |
or commercial driver's license is restored or reissued. | 649 |
Except as provided in division (B) of this section, the | 650 |
deputy registrar shall be allowed a fee of two dollars and | 651 |
seventy-five cents commencing on July 1, 2001, three dollars and | 652 |
twenty-five cents commencing on January 1, 2003, and three dollars | 653 |
and fifty cents commencing on January 1, 2004, for each | 654 |
identification card issued under this section. The fee allowed to | 655 |
the deputy registrar shall be in addition to the fee for issuing | 656 |
an identification card. | 657 |
Neither the registrar nor any deputy registrar shall charge a | 658 |
fee in excess of one dollar and fifty cents for laminating an | 659 |
identification card or temporary identification card. A deputy | 660 |
registrar laminating such a card shall retain the entire amount of | 661 |
the fee charged for lamination, less the actual cost to the | 662 |
registrar of the laminating materials used for that lamination, as | 663 |
specified in the contract executed by the bureau for the | 664 |
laminating materials and laminating equipment. The deputy | 665 |
registrar shall forward the amount of the cost of the laminating | 666 |
materials to the registrar for deposit as provided in this | 667 |
section. | 668 |
The fee collected for issuing an identification card under | 669 |
this section, except the fee allowed to the deputy registrar, | 670 |
shall be paid into the state treasury to the credit of the state | 671 |
bureau of motor vehicles fund created in section 4501.25 of the | 672 |
Revised Code. | 673 |
(B) A disabled veteran who has a service-connected disability | 674 |
rated at one hundred per cent by the veterans' administration may | 675 |
apply to the registrar or a deputy registrar for the issuance to | 676 |
that veteran of an identification card or a temporary | 677 |
identification card under this section without payment of any fee | 678 |
prescribed in division (A) of this section, including any | 679 |
lamination fee. | 680 |
An application made under division (B) of this section shall | 681 |
be accompanied by such documentary evidence of disability as the | 682 |
registrar may require by rule. | 683 |
Sec. 4507.51. (A)(1) Every application for an identification | 684 |
card or duplicate shall be made on a form furnished by the | 685 |
registrar of motor vehicles, shall be signed by the applicant, and | 686 |
by the applicant's parent or guardian if the applicant is under | 687 |
eighteen years of age, and shall contain the following information | 688 |
pertaining to the applicant: name, date of birth, sex, general | 689 |
description including the applicant's height, weight, hair color, | 690 |
and eye color, address, county of residence, duration of residence | 691 |
in this state, country of citizenship, and social security number. | 692 |
The application also shall state whether an applicant wishes to | 693 |
certify willingness to make an anatomical gift under section | 694 |
2108.04 of the Revised Code and shall include information about | 695 |
the requirements of that section that apply to persons who are | 696 |
less than eighteen years of age. The statement regarding | 697 |
willingness to make such a donation shall be given no | 698 |
consideration in the decision of whether to issue an | 699 |
identification card. Each applicant shall be photographed in color | 700 |
at the time of making application. | 701 |
(2) The application also shall state whether the applicant | 702 |
has executed a valid durable power of attorney for health care | 703 |
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has | 704 |
executed a declaration governing the use or continuation, or the | 705 |
withholding or withdrawal, of life-sustaining treatment pursuant | 706 |
to sections 2133.01 to 2133.15 of the Revised Code and, if the | 707 |
applicant has executed either type of instrument, whether the | 708 |
applicant wishes the identification card issued to indicate that | 709 |
the applicant has executed the instrument. | 710 |
(3) The registrar or deputy registrar, in accordance with | 711 |
section 3503.11 of the Revised Code, shall register as an elector | 712 |
any person who applies for an identification card or duplicate if | 713 |
the applicant is eligible and wishes to be registered as an | 714 |
elector. The decision of an applicant whether to register as an | 715 |
elector shall be given no consideration in the decision of whether | 716 |
to issue the applicant an identification card or duplicate. | 717 |
(B) The application for an identification card or duplicate | 718 |
shall be filed in the office of the registrar or deputy registrar. | 719 |
Each applicant shall present documentary evidence as required by | 720 |
the registrar of the applicant's age and identity, and the | 721 |
applicant shall swear that all information given is true. | 722 |
All applications for an identification card or duplicate | 723 |
shall be filed in duplicate, and if submitted to a deputy | 724 |
registrar, a copy shall be forwarded to the registrar. The | 725 |
registrar shall prescribe rules for the manner in which a deputy | 726 |
registrar is to file and maintain applications and other records. | 727 |
The registrar shall maintain a suitable, indexed record of all | 728 |
applications denied and cards issued or canceled. | 729 |
Sec. 4507.52. (A) Each identification card issued by the | 730 |
registrar of motor vehicles or a deputy registrar shall display a | 731 |
distinguishing number assigned to the cardholder, and shall | 732 |
display the following inscription: | 733 |
734 | |
This card is not valid for the purpose of operating a motor | 735 |
vehicle. It is provided solely for the purpose of establishing the | 736 |
identity of the bearer described on the card, who currently is not | 737 |
licensed to operate a motor vehicle in the state of Ohio." | 738 |
The identification card shall display substantially the same | 739 |
information as contained in the application and as described in | 740 |
division (A)(1) of section 4507.51 of the Revised Code, but shall | 741 |
not display the cardholder's social security number unless the | 742 |
cardholder specifically requests that the cardholder's social | 743 |
security number be displayed on the card. If federal law requires | 744 |
the cardholder's social security number to be displayed on the | 745 |
identification card, the social security number shall be displayed | 746 |
on the card notwithstanding this section. The identification card | 747 |
also shall display the color photograph of the cardholder. If the | 748 |
cardholder has executed a durable power of attorney for health | 749 |
care or a declaration governing the use or continuation, or the | 750 |
withholding or withdrawal, of life-sustaining treatment and has | 751 |
specified that the cardholder wishes the identification card to | 752 |
indicate that the cardholder has executed either type of | 753 |
instrument, the card also shall display any symbol chosen by the | 754 |
registrar to indicate that the cardholder has executed either type | 755 |
of instrument. The card shall be sealed in transparent plastic or | 756 |
similar material and shall be so designed as to prevent its | 757 |
reproduction or alteration without ready detection. | 758 |
The identification card for persons under twenty-one years of | 759 |
age shall have characteristics prescribed by the registrar | 760 |
distinguishing it from that issued to a person who is twenty-one | 761 |
years of age or older, except that an identification card issued | 762 |
to a person who applies no more than thirty days before the | 763 |
applicant's twenty-first birthday shall have the characteristics | 764 |
of an identification card issued to a person who is twenty-one | 765 |
years of age or older. | 766 |
Any identification card issued to a person who is a temporary | 767 |
resident shall indicate clearly that the document is temporary and | 768 |
state the date that it expires. The expiration date for a | 769 |
temporary resident is the earlier of four years or the last day of | 770 |
the applicant's authorized stay in the United States unless there | 771 |
is no definite end to the applicant's authorized stay, in which | 772 |
case the expiration date is one year from the card's issuance. | 773 |
Every identification card issued to a resident of this state | 774 |
shall expire, unless canceled or surrendered earlier, on the | 775 |
birthday of the cardholder in the fourth year after the date on | 776 |
which it is issued. Every identification card issued to a | 777 |
temporary resident shall expire in accordance with rules adopted | 778 |
by the registrar and is nonrenewable, but may be replaced with a | 779 |
new identification card upon the applicant's compliance with all | 780 |
applicable requirements. A cardholder may renew the cardholder's | 781 |
identification card within ninety days prior to the day on which | 782 |
it expires by filing an application and paying the prescribed fee | 783 |
in accordance with section 4507.50 of the Revised Code. | 784 |
If a cardholder applies for a driver's or commercial driver's | 785 |
license in this state or another licensing jurisdiction, the | 786 |
cardholder shall surrender the cardholder's identification card to | 787 |
the registrar or any deputy registrar before the license is | 788 |
issued. | 789 |
(B) If a card is lost, destroyed, or mutilated, the person to | 790 |
whom the card was issued may obtain a duplicate by doing both of | 791 |
the following: | 792 |
(1) Furnishing suitable proof of the loss, destruction, or | 793 |
mutilation to the registrar or a deputy registrar; | 794 |
(2) Filing an application and presenting documentary evidence | 795 |
under section 4507.51 of the Revised Code. | 796 |
Any person who loses a card and, after obtaining a duplicate, | 797 |
finds the original, immediately shall surrender the original to | 798 |
the registrar or a deputy registrar. | 799 |
A cardholder may obtain a replacement identification card | 800 |
that reflects any change of the cardholder's name by furnishing | 801 |
suitable proof of the change to the registrar or a deputy | 802 |
registrar and surrendering the cardholder's existing card. | 803 |
When a cardholder applies for a duplicate or obtains a | 804 |
replacement identification card, the cardholder shall pay a fee of | 805 |
two dollars and fifty cents. A deputy registrar shall be allowed | 806 |
an additional fee of two dollars and seventy-five cents commencing | 807 |
on July 1, 2001, three dollars and twenty-five cents commencing on | 808 |
January 1, 2003, and three dollars and fifty cents commencing on | 809 |
January 1, 2004, for issuing a duplicate or replacement | 810 |
identification card. A disabled veteran who is a cardholder and | 811 |
has a service-connected disability rated at one hundred per cent | 812 |
by the veterans' administration may apply to the registrar or a | 813 |
deputy registrar for the issuance of a duplicate or replacement | 814 |
identification card without payment of any fee prescribed in this | 815 |
section, and without payment of any lamination fee if the disabled | 816 |
veteran would not be required to pay a lamination fee in | 817 |
connection with the issuance of an identification card or | 818 |
temporary identification card as provided in division (B) of | 819 |
section 4507.50 of the Revised Code. | 820 |
A duplicate or replacement identification card shall expire | 821 |
on the same date as the card it replaces. | 822 |
(C) The registrar shall cancel any card upon determining that | 823 |
the card was obtained unlawfully, issued in error, or was altered. | 824 |
The registrar also shall cancel any card that is surrendered to | 825 |
the registrar or to a deputy registrar after the holder has | 826 |
obtained a duplicate, replacement, or driver's or commercial | 827 |
driver's license. | 828 |
(D)(1) No agent of the state or its political subdivisions | 829 |
shall condition the granting of any benefit, service, right, or | 830 |
privilege upon the possession by any person of an identification | 831 |
card. Nothing in this section shall preclude any publicly operated | 832 |
or franchised transit system from using an identification card for | 833 |
the purpose of granting benefits or services of the system. | 834 |
(2) No person shall be required to apply for, carry, or | 835 |
possess an identification card. | 836 |
(E) Except in regard to an identification card issued to a | 837 |
person who applies no more than thirty days before the applicant's | 838 |
twenty-first birthday, neither the registrar nor any deputy | 839 |
registrar shall issue an identification card to a person under | 840 |
twenty-one years of age that does not have the characteristics | 841 |
prescribed by the registrar distinguishing it from the | 842 |
identification card issued to persons who are twenty-one years of | 843 |
age or older. | 844 |
(F) Whoever violates division (E) of this section is guilty | 845 |
of a minor misdemeanor. | 846 |
Sec. 5747.027. In the case of an independent contractor who | 847 |
fails to provide documentation of employment authorization to a | 848 |
contracting entity as section 8.06 of the Revised Code requires, | 849 |
the tax imposed on the total compensation the independent | 850 |
contractor receives from the contracting entity shall be at the | 851 |
rate of six per cent. | 852 |
Section 2. That existing sections 3333.31, 4507.01, 4507.06, | 853 |
4507.09, 4507.50, 4507.51, and 4507.52 of the Revised Code are | 854 |
hereby repealed. | 855 |