As Introduced

127th General Assembly Regular Session 2007-2008

S. B. No. 307

Senator Padgett 

Cosponsors: Senators Fedor, Carey, Wilson, Seitz, Mumper, Roberts, Sawyer 

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A BILL

To amend sections 325.33, 1548.06, 1548.10, 2303.20,

1

4503.033, 4505.032, 4505.06, 4505.09, 4505.11,

2

4519.55, 4519.59, and 4519.61 of the Revised Code

3

to increase the fees charged by the Clerk of the

4

Court of Common Pleas for services related to

5

certificates of title and taking affidavits, and

6

to make other changes pertaining to the Clerk's

7

titling responsibilities.

8

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

Section 1. That sections 325.33, 1548.06, 1548.10, 2303.20,	9
4503.033, 4505.032, 4505.06, 4505.09, 4505.11, 4519.55, 4519.59,	10
and 4519.61 of the Revised Code be amended to read as follows:	11

Sec. 325.33.  Notwithstanding sections 325.27 and 325.31 of	12
the Revised Code, all fees retained by the clerk of courts under	13
Chapters 1548., 4505., and 4519. of the Revised Code and all fees	14
the clerk of courts receives in the capacity of deputy registrar	15
under section 4503.03 of the Revised Code shall be paid into the	16
county treasury to the credit of the certificate of title	17
administration fund, which is hereby created. Except as otherwise	18
provided in this section, fees credited to the fund shall be used	19
only to pay the direct costs incurred by the clerk of courts in	20
processing titles under those chapters and in performing the	21
duties of a deputy registrar if the clerk of courts is appointed a	22
deputy registrar. However, if the board of county commissioners	23
and the clerk of courts agree that the money in the fund exceeds	24
what is needed to pay those direct costs, the excess may be	25
transferred to the county general fund and used for other county	26
purposes. If the board of county commissioners and the clerk of	27
courts are unable to agree on the amount of any such excess, the	28
county budget commission shall determine the amount that will be	29
transferred to the county general fund.	30

Sec. 1548.06.  (A)(1) Application for a certificate of title	31
for a watercraft or outboard motor shall be made upon a form	32
prescribed by the chief of the division of watercraft and shall be	33
sworn to before a notary public or other officer empowered to	34
administer oaths. The application shall be filed with the clerk of	35
any court of common pleas. An application for a certificate of	36
title may be filed electronically by any electronic means approved	37
by the chief in any county with the clerk of the court of common	38
pleas of that county. The application shall be accompanied by the	39
fee prescribed in section 1548.10 of the Revised Code. The fee	40
shall be retained by the clerk who issues the certificate of title	41
and shall be distributed in accordance with that section. If a	42
clerk of a court of common pleas, other than the clerk of the	43
court of common pleas of an applicant's county of residence,	44
issues a certificate of title to the applicant, the clerk shall	45
transmit data related to the transaction to the automated title	46
processing system.	47

(2) If a certificate of title previously has been issued for	48
the watercraft or outboard motor, the application for a	49
certificate of title also shall be accompanied by the certificate	50
of title duly assigned unless otherwise provided in this chapter.	51
If a certificate of title previously has not been issued for the	52
watercraft or outboard motor in this state, the application,	53
unless otherwise provided in this chapter, shall be accompanied by	54
a manufacturer's or importer's certificate; by a sworn statement	55
of ownership if the watercraft or outboard motor was purchased by	56
the applicant on or before October 9, 1963, or if the watercraft	57
is less than fourteen feet long with a permanently affixed	58
mechanical means of propulsion and was purchased by the applicant	59
on or before January 1, 2000; or by a certificate of title, bill	60
of sale, or other evidence of ownership required by the law of	61
another state from which the watercraft or outboard motor was	62
brought into this state. Evidence of ownership of a watercraft or	63
outboard motor for which an Ohio certificate of title previously	64
has not been issued and which watercraft or outboard motor does	65
not have permanently affixed to it a manufacturer's serial number	66
shall be accompanied by the certificate of assignment of a hull	67
identification number assigned by the chief as provided in section	68
1548.07 of the Revised Code.	69

(3) The clerk shall retain the evidence of title presented by	70
the applicant and on which the certificate of title is issued,	71
except that, if an application for a certificate of title is filed	72
electronically, by a vendor on behalf of a purchaser of a	73
watercraft or outboard motor, the clerk shall retain the completed	74
electronic record to which the vendor converted the certificate of	75
title application and other required documents. The chief, after	76
consultation with the attorney general, shall adopt rules that	77
govern the location at which, and the manner in which, are stored	78
the actual application and all other documents relating to the	79
sale of a watercraft or outboard motor when a vendor files the	80
application for a certificate of title electronically on behalf of	81
a purchaser.	82

(B) The clerk shall use reasonable diligence in ascertaining	83
whether the facts in the application are true by checking the	84
application and documents accompanying it or the electronic record	85
to which a vendor converted the application and accompanying	86
documents with the records of watercraft and outboard motors in	87
the clerk's office. If the clerk is satisfied that the applicant	88
is the owner of the watercraft or outboard motor and that the	89
application is in the proper form, the clerk shall issue a	90
physical certificate of title over the clerk's signature and	91
sealed with the clerk's seal unless the applicant specifically	92
requests the clerk not to issue a physical certificate of title	93
and instead to issue an electronic certificate of title. However,	94
if the evidence indicates and an investigation shows that one or	95
more Ohio titles already exist for the watercraft or outboard	96
motor, the chief may cause the redundant title or titles to be	97
canceled.	98

(C) In the case of the sale of a watercraft or outboard motor	99
by a vendor to a general purchaser or user, the certificate of	100
title shall be obtained in the name of the purchaser by the vendor	101
upon application signed by the purchaser. In all other cases, the	102
certificate shall be obtained by the purchaser. In all cases of	103
transfer of watercraft or outboard motors, the application for	104
certificate of title shall be filed within thirty days after the	105
later of the date of purchase or assignment of ownership of the	106
watercraft or outboard motor. If the application for certificate	107
of title is not filed within thirty days after the later of the	108
date of purchase or assignment of ownership of the watercraft or	109
outboard motor, the clerk shall charge a late penalty fee of five	110
ten dollars in addition to the fee prescribed by section 1548.10	111
of the Revised Code. The clerk shall retain the entire amount of	112
each late penalty fee.	113

(D) The clerk shall refuse to accept an application for	114
certificate of title unless the applicant either tenders with the	115
application payment of all taxes levied by or pursuant to Chapter	116
5739. or 5741. of the Revised Code based on the applicant's county	117
of residence less, in the case of a sale by a vendor, any discount	118
to which the vendor is entitled under section 5739.12 of the	119
Revised Code, or submits any of the following:	120

(1) A receipt issued by the tax commissioner or a clerk of	121
courts showing payment of the tax;	122

(2) A copy of the unit certificate of exemption completed by	123
the purchaser at the time of sale as provided in section 5739.03	124
of the Revised Code;	125

(3) An exemption certificate, in a form prescribed by the tax	126
commissioner, that specifies why the purchase is not subject to	127
the tax imposed by Chapter 5739. or 5741. of the Revised Code.	128

Payment of the tax shall be in accordance with rules issued	129
by the tax commissioner, and the clerk shall issue a receipt in	130
the form prescribed by the tax commissioner to any applicant who	131
tenders payment of the tax with the application for the	132
certificate of title.	133

(E)(1) For receiving and disbursing the taxes paid to the	134
clerk by a resident of the clerk's county, the clerk may retain a	135
poundage fee of one and one one-hundredth per cent of the taxes	136
collected, which shall be paid into the certificate of title	137
administration fund created by section 325.33 of the Revised Code.	138
The clerk shall not retain a poundage fee from payments of taxes	139
by persons who do not reside in the clerk's county.	140

(2) A clerk, however, may retain from the taxes paid to the	141
clerk an amount equal to the poundage fees associated with	142
certificates of title issued by other clerks of courts of common	143
pleas to applicants who reside in the first clerk's county. The	144
chief of the division of watercraft, in consultation with the tax	145
commissioner and the clerks of the courts of common pleas, shall	146
develop a report from the automated title processing system that	147
informs each clerk of the amount of the poundage fees that the	148
clerk is permitted to retain from those taxes because of	149
certificates of title issued by the clerks of other counties to	150
applicants who reside in the first clerk's county.	151

(F) In the case of casual sales of watercraft or outboard	152
motors that are subject to the tax imposed by Chapter 5739. or	153
5741. of the Revised Code, the purchase price for the purpose of	154
determining the tax shall be the purchase price on an affidavit	155
executed and filed with the clerk by the vendor on a form to be	156
prescribed by the chief, which shall be prima-facie evidence of	157
the price for the determination of the tax. In addition to the	158
information required by section 1548.08 of the Revised Code, each	159
certificate of title shall contain in bold lettering the following	160
notification and statements: "WARNING TO TRANSFEROR AND TRANSFEREE	161
(SELLER AND BUYER). You are required by law to state the true	162
selling price. A false statement is a violation of section 2921.13	163
of the Revised Code and is punishable by six months imprisonment	164
or a fine of up to one thousand dollars, or both. All transfers	165
are audited by the department of taxation. The seller and buyer	166
must provide any information requested by the department of	167
taxation. The buyer may be assessed any additional tax found to be	168
due."	169

(G) Each county clerk of courts shall forward to the	170
treasurer of state all sales and use tax collections resulting	171
from sales of titled watercraft and outboard motors during a	172
calendar week on or before the Friday following the close of that	173
week. If, on any Friday, the offices of the clerk of courts or the	174
state are not open for business, the tax shall be forwarded to the	175
treasurer of state on or before the next day on which the offices	176
are open. Every remittance of tax under this division shall be	177
accompanied by a remittance report in such form as the tax	178
commissioner prescribes. Upon receipt of a tax remittance and	179
remittance report, the treasurer of state shall date stamp the	180
report and forward it to the tax commissioner. If the tax due for	181
any week is not remitted by a clerk of courts as required under	182
this division, the clerk shall forfeit the poundage fees for the	183
sales made during that week. The treasurer of state may require	184
the clerks of courts to transmit tax collections and remittance	185
reports electronically.	186

(H) For purposes of a transfer of a certificate of title, if	187
the clerk is satisfied that a secured party has discharged a lien	188
but has not canceled the lien notation with a clerk, the clerk may	189
cancel the lien notation on the automated title processing system	190
and notify the clerk of the county of origin.	191

(I) Every clerk shall have the capability to transact by	192
electronic means all procedures and transactions relating to the	193
issuance of watercraft or outboard motor certificates of title	194
that are described in the Revised Code as being accomplished by	195
electronic means.	196

Sec. 1548.10. (A) The clerk of the court of common pleas	197
shall charge a fee of fiveand retain fees as follows:	198

(1) Fifteen dollars for each memorandum certificate of title,	199
each non-negotiable evidence of ownership, and each duplicate copy	200
of a certificate of title. The fees shall be retained by the clerk	201
shall retain that entire fee.	202

In addition to those fees, the clerk shall charge a fee of	203
five	204

(2) Fifteen dollars for each certificate of title and for	205
each, which shall include any notation or indication of any lien	206
or security interest on a certificate of title and any memorandum	207
certificate of title or non-negotiable evidence of ownership	208
requested at the time the certificate of title is issued. The	209
clerk shall retain twoten dollars and fifty cents of thethat fee	210
charged for each certificate of title, and three dollars and fifty	211
cents of the fee charged for each notation or indication of any	212
lien or security interest.	213

(3) Five dollars for each certificate of title with no	214
security interest noted that is issued to a licensed watercraft	215
dealer for resale purposes. The clerk shall retain two dollars of	216
that fee.	217

(4) Five dollars for each memorandum certificate of title or	218
non-negotiable evidence of ownership that is applied for	219
separately. The clerk shall retain that entire fee.	220

(B) The remaining fees charged for a certificate of title and	221
the notation or indication of any lien or security interest on a	222
certificate of title that are not retained by the clerk shall be	223
paid to the chief of the division of watercraft by monthly	224
returns, which shall be forwarded to the chief not later than the	225
fifth day of the month next succeeding that in which the	226
certificate is forwarded, or that in which the chief is notified	227
of a lien or security interest or cancellation of a lien or	228
security interest.	229

The chief shall deposit one dollar of the amount the chief	230
receives for each certificate of title in the automated title	231
processing fund created in section 4505.09 of the Revised Code.	232
Moneys deposited in that fund under this section shall be used for	233
the purpose specified in division (B)(3)(b) of that section.	234

Sec. 2303.20.  Under the circumstances described in sections	235
2969.21 to 2969.27 of the Revised Code, the clerk of the court of	236
common pleas shall charge the fees and perform the other duties	237
specified in those sections. In all other cases, the clerk shall	238
charge the following fees and no more:	239

(A) Twenty-five dollars for each cause of action which shall	240
include the following:	241

(1) Docketing in all dockets;

242

(2) Filing necessary documents, noting the filing of the	243
documents, except subpoena, on the dockets;	244

(3) Issuing certificate of deposit in foreign writs;

245

(4) Indexing pending suits and living judgments;

246

(5) Noting on appearance docket all papers mailed;

247

(6) Certificate for attorney's fee;

248

(7) Certificate for stenographer's fee;

249

(8) Preparing cost bill;

250

(9) Entering on indictment any plea;

251

(10) Entering costs on docket and cash book.

252

(B) Two dollars for taking each undertaking, bond, or	253
recognizance;	254

(C) Two dollars for issuing each writ, order, or notice,	255
except subpoena;	256

(D) Two dollars for each name for issuing subpoena, swearing	257
witness, entering attendance, and certifying fees;	258

(E) Twenty-five dollars for calling a jury in each cause;

259

(F) Two dollars for each page, for entering on journal,	260
indexing, and posting on any docket;	261

(G) Three dollars for each execution or transcript of	262
judgment, including indexing;	263

(H) One dollar for each page, for making complete record,	264
including indexing;	265

(I) Five dollars for certifying a plat recorded in the county	266
recorder's office;	267

(J) Five dollars for issuing certificate to receiver or order	268
of reference with oath;	269

(K) Five dollars for entering satisfaction or partial	270
satisfaction of each lien on record in the county recorder's	271
office, and the clerk of courts' office;	272

(L) One dollar for each certificate of fact under seal of the	273
court, to be paid by the party demanding it;	274

(M) One dollar and fifty cents for taking each affidavit,	275
including certificate and seal;	276

(N) Two dollars for acknowledging all instruments in writing;

277

(O) Five dollars for making certificate of judgment;

278

(P) Ten dollars for filing, docketing, and endorsing a	279
certificate of judgment, including the indexing and noting the	280
return of the certificate;	281

(Q) Twenty-five dollars for each cause of action for each	282
judgment by confession, including all docketing, indexing, and	283
entries on the journal;	284

(R) Five dollars for recording commission of mayor or notary	285
public;	286

(S) One dollar for issuing any license except the licenses	287
issued pursuant to sections 1533.101, 1533.11, 1533.13, and	288
1533.32 of the Revised Code;	289

(T) Fifteen dollars for docketing and indexing each aid in	290
execution or petition to vacate, revive, or modify judgment,	291
including the filing and noting of all necessary documents;	292

(U) Twenty-five dollars for docketing and indexing each	293
appeal, including the filing and noting of all necessary	294
documents;	295

(V) A commission of two per cent on the first ten thousand	296
dollars and one per cent on all exceeding ten thousand dollars for	297
receiving and disbursing money, other than costs and fees, paid to	298
or deposited with the clerk of courts in pursuance of an order of	299
court or on judgments, including moneys invested by order of the	300
court and interest earned on them;	301

(W) Five dollars for numbering, docketing, indexing, and	302
filing each authenticated or certified copy of the record, or any	303
portion of an authenticated or certified copy of the record, of an	304
extra county action or proceeding;	305

(X) Two dollars for each certificate of divorce, annulment,	306
or dissolution of marriage to the bureau of vital statistics;	307

(Y) Two dollars for each electronic transmission of a	308
document, plus one dollar for each page of that document. These	309
fees are to be paid by the party requesting the electronic	310
transmission.	311

(Z) One dollar for each page, for copies of pleadings,	312
process, record, or files, including certificate and seal.	313

Sec. 4503.033.  (A) Annually, on or before the thirty-first	314
day of January, every deputy registrar who is not a clerk of a	315
court of common pleas or a county auditor shall file with the	316
registrar of motor vehicles on a form prescribed by the registrar,	317
a statement disclosing all of the following:	318

(1) The name of the person filing the statement, and, if	319
applicable, of his spouse and of members of his immediate family;	320

(2) Any contribution made within the previous calendar year	321
by the person and, if applicable, by his spouse and by members of	322
his immediate family to each of the following:	323

(a) Any political party;

324

(b) Any candidate for the office of governor, attorney	325
general, secretary of state, treasurer of state, auditor of state,	326
member of the senate or house of representatives of the general	327
assembly, or to the campaign committee of any such candidate.	328

(3) The month, day, and year in which the contribution was	329
made;	330

(4) The full name and address of each person, political	331
party, or campaign committee to which a contribution was made;	332

(5) The value in dollars and cents of the contribution.

333

(B) No person shall knowingly fail to file, on or before the	334
filing deadline under this section, a statement that is required	335
by division (A) of this section.	336

(C) No person shall knowingly make a false statement in a	337
statement that is required to be filed under division (A) of this	338
section.	339

(D) On and after March 2, 1994, the statement required by	340
division (A) of this section shall be accompanied by a filing fee	341
of twenty-five dollars. If the statement required by division (A)	342
of this section is not filed by the date on which it is required	343
to be filed, the registrar of motor vehicles shall assess a late	344
filing fee as prescribed in division (F) of section 102.02 of the	345
Revised Code. The registrar shall deposit all fees he receives	346
under this division into the general revenue fund of the state.	347

(E) Not later than the date a deputy registrar is required to	348
file a statement under division (A) of this section, the deputy	349
registrar shall file a copy of the statement with the office of	350
the secretary of state. The secretary of state shall keep the	351
copies of all statements filed with his office under this division	352
only for the purpose of making them available for public	353
inspection.	354

(F) Whoever violates division (B) of this section shall be	355
fined one thousand dollars. Whoever violates division (C) of this	356
section shall be fined ten thousand dollars.	357

Sec. 4505.032. (A)(1) If a person who is not an electronic	358
motor vehicle dealer owns a motor vehicle for which a physical	359
certificate of title has not been issued by a clerk of a court of	360
common pleas and the person sells the motor vehicle to a motor	361
vehicle dealer licensed under Chapter 4517. of the Revised Code,	362
the person is not required to obtain a physical certificate of	363
title to the motor vehicle in order to transfer ownership to the	364
dealer. The person shall present the dealer, in a manner approved	365
by the registrar of motor vehicles, with sufficient proof of the	366
person's identity and complete and sign a form prescribed by the	367
registrar attesting to the person's identity and assigning the	368
motor vehicle to the dealer. Except as otherwise provided in this	369
section, the motor vehicle dealer shall present the assignment	370
form to any clerk of a court of common pleas together with an	371
application for a certificate of title and payment of the fees	372
prescribed by section 4505.09 of the Revised Code.	373

In a case in which an electronic certificate of title has	374
been issued and either the buyer or seller of the motor vehicle is	375
an electronic motor vehicle dealer, the electronic motor vehicle	376
dealer instead may inform a clerk of a court of common pleas via	377
electronic means of the sale of the motor vehicle and assignment	378
of ownership of the vehicle. The clerk shall enter the information	379
relating to the assignment, including, but not limited to, the	380
odometer disclosure statement required by section 4505.06 of the	381
Revised Code, into the automated title processing system, and	382
ownership of the vehicle passes to the applicant when the clerk	383
enters this information into the system. The dealer is not	384
required to obtain a physical certificate of title to the vehicle	385
in the dealer's name.	386

(2) A(a) Except as provided in division (A)(2)(b) of this	387
section, a clerk shall charge and collect from a dealer a fee of	388
fivefifteen dollars for each motor vehicle assignment sent by the	389
dealer to the clerk under division (A)(1) of this section.	390

(b) A clerk shall charge and collect from the dealer a fee of	391
five dollars for each motor vehicle assignment sent by the dealer	392
to the clerk for resale purposes.	393

(3) The feefees shall be distributed in accordance with	394
section 4505.09 of the Revised Code.	395

(B) If a person who is not an electronic motor vehicle dealer	396
owns a motor vehicle for which a physical certificate of title has	397
not been issued by a clerk of a court of common pleas and the	398
person sells the motor vehicle to a person who is not a motor	399
vehicle dealer licensed under Chapter 4517. of the Revised Code,	400
the person shall obtain a physical certificate of title to the	401
motor vehicle in order to transfer ownership of the vehicle to	402
that person.	403

Sec. 4505.06.  (A)(1) Application for a certificate of title	404
shall be made in a form prescribed by the registrar of motor	405
vehicles and shall be sworn to before a notary public or other	406
officer empowered to administer oaths. The application shall be	407
filed with the clerk of any court of common pleas. An application	408
for a certificate of title may be filed electronically by any	409
electronic means approved by the registrar in any county with the	410
clerk of the court of common pleas of that county. Any payments	411
required by this chapter shall be considered as accompanying any	412
electronically transmitted application when payment actually is	413
received by the clerk. Payment of any fee or taxes may be made by	414
electronic transfer of funds.	415

(2) The application for a certificate of title shall be	416
accompanied by the fee prescribed in section 4505.09 of the	417
Revised Code. The fee shall be retained by the clerk who issues	418
the certificate of title and shall be distributed in accordance	419
with that section. If a clerk of a court of common pleas, other	420
than the clerk of the court of common pleas of an applicant's	421
county of residence, issues a certificate of title to the	422
applicant, the clerk shall transmit data related to the	423
transaction to the automated title processing system.	424

(3) If a certificate of title previously has been issued for	425
a motor vehicle in this state, the application for a certificate	426
of title also shall be accompanied by that certificate of title	427
duly assigned, unless otherwise provided in this chapter. If a	428
certificate of title previously has not been issued for the motor	429
vehicle in this state, the application, unless otherwise provided	430
in this chapter, shall be accompanied by a manufacturer's or	431
importer's certificate or by a certificate of title of another	432
state from which the motor vehicle was brought into this state. If	433
the application refers to a motor vehicle last previously	434
registered in another state, the application also shall be	435
accompanied by the physical inspection certificate required by	436
section 4505.061 of the Revised Code. If the application is made	437
by two persons regarding a motor vehicle in which they wish to	438
establish joint ownership with right of survivorship, they may do	439
so as provided in section 2131.12 of the Revised Code. If the	440
applicant requests a designation of the motor vehicle in	441
beneficiary form so that upon the death of the owner of the motor	442
vehicle, ownership of the motor vehicle will pass to a designated	443
transfer-on-death beneficiary or beneficiaries, the applicant may	444
do so as provided in section 2131.13 of the Revised Code. A person	445
who establishes ownership of a motor vehicle that is transferable	446
on death in accordance with section 2131.13 of the Revised Code	447
may terminate that type of ownership or change the designation of	448
the transfer-on-death beneficiary or beneficiaries by applying for	449
a certificate of title pursuant to this section. The clerk shall	450
retain the evidence of title presented by the applicant and on	451
which the certificate of title is issued, except that, if an	452
application for a certificate of title is filed electronically by	453
an electronic motor vehicle dealer on behalf of the purchaser of a	454
motor vehicle, the clerk shall retain the completed electronic	455
record to which the dealer converted the certificate of title	456
application and other required documents. The registrar, after	457
consultation with the attorney general, shall adopt rules that	458
govern the location at which, and the manner in which, are stored	459
the actual application and all other documents relating to the	460
sale of a motor vehicle when an electronic motor vehicle dealer	461
files the application for a certificate of title electronically on	462
behalf of the purchaser.	463

The clerk shall use reasonable diligence in ascertaining	464
whether or not the facts in the application for a certificate of	465
title are true by checking the application and documents	466
accompanying it or the electronic record to which a dealer	467
converted the application and accompanying documents with the	468
records of motor vehicles in the clerk's office. If the clerk is	469
satisfied that the applicant is the owner of the motor vehicle and	470
that the application is in the proper form, the clerk, within five	471
business days after the application is filed and except as	472
provided in section 4505.021 of the Revised Code, shall issue a	473
physical certificate of title over the clerk's signature and	474
sealed with the clerk's seal, unless the applicant specifically	475
requests the clerk not to issue a physical certificate of title	476
and instead to issue an electronic certificate of title. For	477
purposes of the transfer of a certificate of title, if the clerk	478
is satisfied that the secured party has duly discharged a lien	479
notation but has not canceled the lien notation with a clerk, the	480
clerk may cancel the lien notation on the automated title	481
processing system and notify the clerk of the county of origin.	482

(4) In the case of the sale of a motor vehicle to a general	483
buyer or user by a dealer, by a motor vehicle leasing dealer	484
selling the motor vehicle to the lessee or, in a case in which the	485
leasing dealer subleased the motor vehicle, the sublessee, at the	486
end of the lease agreement or sublease agreement, or by a	487
manufactured home broker, the certificate of title shall be	488
obtained in the name of the buyer by the dealer, leasing dealer,	489
or manufactured home broker, as the case may be, upon application	490
signed by the buyer. The certificate of title shall be issued, or	491
the process of entering the certificate of title application	492
information into the automated title processing system if a	493
physical certificate of title is not to be issued shall be	494
completed, within five business days after the application for	495
title is filed with the clerk. If the buyer of the motor vehicle	496
previously leased the motor vehicle and is buying the motor	497
vehicle at the end of the lease pursuant to that lease, the	498
certificate of title shall be obtained in the name of the buyer by	499
the motor vehicle leasing dealer who previously leased the motor	500
vehicle to the buyer or by the motor vehicle leasing dealer who	501
subleased the motor vehicle to the buyer under a sublease	502
agreement.	503

In all other cases, except as provided in section 4505.032	504
and division (D)(2) of section 4505.11 of the Revised Code, such	505
certificates shall be obtained by the buyer.	506

(5)(a)(i) If the certificate of title is being obtained in	507
the name of the buyer by a motor vehicle dealer or motor vehicle	508
leasing dealer and there is a security interest to be noted on the	509
certificate of title, the dealer or leasing dealer shall submit	510
the application for the certificate of title and payment of the	511
applicable tax to a clerk within seven business days after the	512
later of the delivery of the motor vehicle to the buyer or the	513
date the dealer or leasing dealer obtains the manufacturer's or	514
importer's certificate, or certificate of title issued in the name	515
of the dealer or leasing dealer, for the motor vehicle. Submission	516
of the application for the certificate of title and payment of the	517
applicable tax within the required seven business days may be	518
indicated by postmark or receipt by a clerk within that period.	519

(ii) Upon receipt of the certificate of title with the	520
security interest noted on its face, the dealer or leasing dealer	521
shall forward the certificate of title to the secured party at the	522
location noted in the financing documents or otherwise specified	523
by the secured party.	524

(iii) A motor vehicle dealer or motor vehicle leasing dealer	525
is liable to a secured party for a late fee of ten dollars per day	526
for each certificate of title application and payment of the	527
applicable tax that is submitted to a clerk more than seven	528
business days but less than twenty-one days after the later of the	529
delivery of the motor vehicle to the buyer or the date the dealer	530
or leasing dealer obtains the manufacturer's or importer's	531
certificate, or certificate of title issued in the name of the	532
dealer or leasing dealer, for the motor vehicle and, from then on,	533
twenty-five dollars per day until the application and applicable	534
tax are submitted to a clerk.	535

(b) In all cases of transfer of a motor vehicle, the	536
application for certificate of title shall be filed within thirty	537
days after the assignment or delivery of the motor vehicle. If an	538
application for a certificate of title is not filed within the	539
period specified in division (A)(5)(b) of this section, the clerk	540
shall collect a fee of fiveten dollars for the issuance of the	541
certificate, except that no such fee shall be required from a	542
motor vehicle salvage dealer, as defined in division (A) of	543
section 4738.01 of the Revised Code, who immediately surrenders	544
the certificate of title for cancellation. The fee shall be in	545
addition to all other fees established by this chapter, and shall	546
be retained by the clerk. The registrar shall provide, on the	547
certificate of title form prescribed by section 4505.07 of the	548
Revised Code, language necessary to give evidence of the date on	549
which the assignment or delivery of the motor vehicle was made.	550

(6) As used in division (A) of this section, "lease	551
agreement," "lessee," and "sublease agreement" have the same	552
meanings as in section 4505.04 of the Revised Code.	553

(B)(1) The clerk, except as provided in this section, shall	554
refuse to accept for filing any application for a certificate of	555
title and shall refuse to issue a certificate of title unless the	556
dealer or manufactured home broker or the applicant, in cases in	557
which the certificate shall be obtained by the buyer, submits with	558
the application payment of the tax levied by or pursuant to	559
Chapters 5739. and 5741. of the Revised Code based on the	560
purchaser's county of residence. Upon payment of the tax in	561
accordance with division (E) of this section, the clerk shall	562
issue a receipt prescribed by the registrar and agreed upon by the	563
tax commissioner showing payment of the tax or a receipt issued by	564
the commissioner showing the payment of the tax. When submitting	565
payment of the tax to the clerk, a dealer shall retain any	566
discount to which the dealer is entitled under section 5739.12 of	567
the Revised Code.	568

(2) For receiving and disbursing such taxes paid to the clerk	569
by a resident of the clerk's county, the clerk may retain a	570
poundage fee of one and one one-hundredth per cent, and the clerk	571
shall pay the poundage fee into the certificate of title	572
administration fund created by section 325.33 of the Revised Code.	573
The clerk shall not retain a poundage fee from payments of taxes	574
by persons who do not reside in the clerk's county.	575

A clerk, however, may retain from the taxes paid to the clerk	576
an amount equal to the poundage fees associated with certificates	577
of title issued by other clerks of courts of common pleas to	578
applicants who reside in the first clerk's county. The registrar,	579
in consultation with the tax commissioner and the clerks of the	580
courts of common pleas, shall develop a report from the automated	581
title processing system that informs each clerk of the amount of	582
the poundage fees that the clerk is permitted to retain from those	583
taxes because of certificates of title issued by the clerks of	584
other counties to applicants who reside in the first clerk's	585
county.	586

(3) In the case of casual sales of motor vehicles, as defined	587
in section 4517.01 of the Revised Code, the price for the purpose	588
of determining the tax shall be the purchase price on the assigned	589
certificate of title executed by the seller and filed with the	590
clerk by the buyer on a form to be prescribed by the registrar,	591
which shall be prima-facie evidence of the amount for the	592
determination of the tax.	593

(4) Each county clerk shall forward to the treasurer of state	594
all sales and use tax collections resulting from sales of motor	595
vehicles, off-highway motorcycles, and all-purpose vehicles during	596
a calendar week on or before the Friday following the close of	597
that week. If, on any Friday, the offices of the clerk of courts	598
or the state are not open for business, the tax shall be forwarded	599
to the treasurer of state on or before the next day on which the	600
offices are open. Every remittance of tax under division (B)(4) of	601
this section shall be accompanied by a remittance report in such	602
form as the tax commissioner prescribes. Upon receipt of a tax	603
remittance and remittance report, the treasurer of state shall	604
date stamp the report and forward it to the tax commissioner. If	605
the tax due for any week is not remitted by a clerk of courts as	606
required under division (B)(4) of this section, the commissioner	607
may require the clerk to forfeit the poundage fees for the sales	608
made during that week. The treasurer of state may require the	609
clerks of courts to transmit tax collections and remittance	610
reports electronically.	611

(C)(1) If the transferor indicates on the certificate of	612
title that the odometer reflects mileage in excess of the designed	613
mechanical limit of the odometer, the clerk shall enter the phrase	614
"exceeds mechanical limits" following the mileage designation. If	615
the transferor indicates on the certificate of title that the	616
odometer reading is not the actual mileage, the clerk shall enter	617
the phrase "nonactual: warning - odometer discrepancy" following	618
the mileage designation. The clerk shall use reasonable care in	619
transferring the information supplied by the transferor, but is	620
not liable for any errors or omissions of the clerk or those of	621
the clerk's deputies in the performance of the clerk's duties	622
created by this chapter.	623

The registrar shall prescribe an affidavit in which the	624
transferor shall swear to the true selling price and, except as	625
provided in this division, the true odometer reading of the motor	626
vehicle. The registrar may prescribe an affidavit in which the	627
seller and buyer provide information pertaining to the odometer	628
reading of the motor vehicle in addition to that required by this	629
section, as such information may be required by the United States	630
secretary of transportation by rule prescribed under authority of	631
subchapter IV of the "Motor Vehicle Information and Cost Savings	632
Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.	633

(2) Division (C)(1) of this section does not require the	634
giving of information concerning the odometer and odometer reading	635
of a motor vehicle when ownership of a motor vehicle is being	636
transferred as a result of a bequest, under the laws of intestate	637
succession, to a survivor pursuant to section 2106.18, 2131.12, or	638
4505.10 of the Revised Code, to a transfer-on-death beneficiary or	639
beneficiaries pursuant to section 2131.13 of the Revised Code, in	640
connection with the creation of a security interest or for a	641
vehicle with a gross vehicle weight rating of more than sixteen	642
thousand pounds.	643

(D) When the transfer to the applicant was made in some other	644
state or in interstate commerce, the clerk, except as provided in	645
this section, shall refuse to issue any certificate of title	646
unless the tax imposed by or pursuant to Chapter 5741. of the	647
Revised Code based on the purchaser's county of residence has been	648
paid as evidenced by a receipt issued by the tax commissioner, or	649
unless the applicant submits with the application payment of the	650
tax. Upon payment of the tax in accordance with division (E) of	651
this section, the clerk shall issue a receipt prescribed by the	652
registrar and agreed upon by the tax commissioner, showing payment	653
of the tax.	654

For receiving and disbursing such taxes paid to the clerk by	655
a resident of the clerk's county, the clerk may retain a poundage	656
fee of one and one one-hundredth per cent. The clerk shall not	657
retain a poundage fee from payments of taxes by persons who do not	658
reside in the clerk's county.	659

A clerk, however, may retain from the taxes paid to the clerk	660
an amount equal to the poundage fees associated with certificates	661
of title issued by other clerks of courts of common pleas to	662
applicants who reside in the first clerk's county. The registrar,	663
in consultation with the tax commissioner and the clerks of the	664
courts of common pleas, shall develop a report from the automated	665
title processing system that informs each clerk of the amount of	666
the poundage fees that the clerk is permitted to retain from those	667
taxes because of certificates of title issued by the clerks of	668
other counties to applicants who reside in the first clerk's	669
county.	670

When the vendor is not regularly engaged in the business of	671
selling motor vehicles, the vendor shall not be required to	672
purchase a vendor's license or make reports concerning those	673
sales.	674

(E) The clerk shall accept any payment of a tax in cash, or	675
by cashier's check, certified check, draft, money order, or teller	676
check issued by any insured financial institution payable to the	677
clerk and submitted with an application for a certificate of title	678
under division (B) or (D) of this section. The clerk also may	679
accept payment of the tax by corporate, business, or personal	680
check, credit card, electronic transfer or wire transfer, debit	681
card, or any other accepted form of payment made payable to the	682
clerk. The clerk may require bonds, guarantees, or letters of	683
credit to ensure the collection of corporate, business, or	684
personal checks. Any service fee charged by a third party to a	685
clerk for the use of any form of payment may be paid by the clerk	686
from the certificate of title administration fund created in	687
section 325.33 of the Revised Code, or may be assessed by the	688
clerk upon the applicant as an additional fee. Upon collection,	689
the additional fees shall be paid by the clerk into that	690
certificate of title administration fund.	691

The clerk shall make a good faith effort to collect any	692
payment of taxes due but not made because the payment was returned	693
or dishonored, but the clerk is not personally liable for the	694
payment of uncollected taxes or uncollected fees. The clerk shall	695
notify the tax commissioner of any such payment of taxes that is	696
due but not made and shall furnish the information to the	697
commissioner that the commissioner requires. The clerk shall	698
deduct the amount of taxes due but not paid from the clerk's	699
periodic remittance of tax payments, in accordance with procedures	700
agreed upon by the tax commissioner. The commissioner may collect	701
taxes due by assessment in the manner provided in section 5739.13	702
of the Revised Code.	703

Any person who presents payment that is returned or	704
dishonored for any reason is liable to the clerk for payment of a	705
penalty over and above the amount of the taxes due. The clerk	706
shall determine the amount of the penalty, and the penalty shall	707
be no greater than that amount necessary to compensate the clerk	708
for banking charges, legal fees, or other expenses incurred by the	709
clerk in collecting the returned or dishonored payment. The	710
remedies and procedures provided in this section are in addition	711
to any other available civil or criminal remedies. Subsequently	712
collected penalties, poundage fees, and title fees, less any title	713
fee due the state, from returned or dishonored payments collected	714
by the clerk shall be paid into the certificate of title	715
administration fund. Subsequently collected taxes, less poundage	716
fees, shall be sent by the clerk to the treasurer of state at the	717
next scheduled periodic remittance of tax payments, with	718
information as the commissioner may require. The clerk may abate	719
all or any part of any penalty assessed under this division.	720

(F) In the following cases, the clerk shall accept for filing	721
an application and shall issue a certificate of title without	722
requiring payment or evidence of payment of the tax:	723

(1) When the purchaser is this state or any of its political	724
subdivisions, a church, or an organization whose purchases are	725
exempted by section 5739.02 of the Revised Code;	726

(2) When the transaction in this state is not a retail sale	727
as defined by section 5739.01 of the Revised Code;	728

(3) When the purchase is outside this state or in interstate	729
commerce and the purpose of the purchaser is not to use, store, or	730
consume within the meaning of section 5741.01 of the Revised Code;	731

(4) When the purchaser is the federal government;

732

(5) When the motor vehicle was purchased outside this state	733
for use outside this state;	734

(6) When the motor vehicle is purchased by a nonresident	735
under the circumstances described in division (B)(1) of section	736
5739.029 of the Revised Code, and upon presentation of a copy of	737
the affidavit provided by that section, and a copy of the	738
exemption certificate provided by section 5739.03 of the Revised	739
Code.	740

(G) An application, as prescribed by the registrar and agreed	741
to by the tax commissioner, shall be filled out and sworn to by	742
the buyer of a motor vehicle in a casual sale. The application	743
shall contain the following notice in bold lettering: "WARNING TO	744
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	745
law to state the true selling price. A false statement is in	746
violation of section 2921.13 of the Revised Code and is punishable	747
by six months' imprisonment or a fine of up to one thousand	748
dollars, or both. All transfers are audited by the department of	749
taxation. The seller and buyer must provide any information	750
requested by the department of taxation. The buyer may be assessed	751
any additional tax found to be due."	752

(H) For sales of manufactured homes or mobile homes occurring	753
on or after January 1, 2000, the clerk shall accept for filing,	754
pursuant to Chapter 5739. of the Revised Code, an application for	755
a certificate of title for a manufactured home or mobile home	756
without requiring payment of any tax pursuant to section 5739.02,	757
5741.021, 5741.022, or 5741.023 of the Revised Code, or a receipt	758
issued by the tax commissioner showing payment of the tax. For	759
sales of manufactured homes or mobile homes occurring on or after	760
January 1, 2000, the applicant shall pay to the clerk an	761
additional fee of fiveten dollars for each certificate of title	762
issued by the clerk for a manufactured or mobile home pursuant to	763
division (H) of section 4505.11 of the Revised Code and for each	764
certificate of title issued upon transfer of ownership of the	765
home. The clerk shall credit the fee to the county certificate of	766
title administration fund, and the fee shall be used to pay the	767
expenses of archiving those certificates pursuant to division (A)	768
of section 4505.08 and division (H)(3) of section 4505.11 of the	769
Revised Code. The tax commissioner shall administer any tax on a	770
manufactured or mobile home pursuant to Chapters 5739. and 5741.	771
of the Revised Code.	772

(I) Every clerk shall have the capability to transact by	773
electronic means all procedures and transactions relating to the	774
issuance of motor vehicle certificates of title that are described	775
in the Revised Code as being accomplished by electronic means.	776

Sec. 4505.09.  (A)(1) The clerk of a court of common pleas	777
shall charge a fee of fiveand retain fees as follows:	778

(a) Fifteen dollars for each certificate of title that is not	779
applied for within thirty days after the later of the assignment	780
or delivery of the motor vehicle described in it. The feesentire	781
fee shall be retained by the clerk.	782

In addition to those fees, the clerk shall charge a fee of	783
five(b) Fifteen dollars for each certificate of title,or	784
duplicate certificate of title,including the issuance of a	785
memorandum certificate of title, or authorization to print a	786
non-negotiable evidence of ownership described in division (G) of	787
section 4505.08 of the Revised Code, non-negotiable evidence of	788
ownership printed by the clerk under division (H) of that section,	789
and notation of any lien on a certificate of title that is applied	790
for at the same time as the certificate of title. The clerk shall	791
retain twoeleven dollars and twenty-fivefifty cents of thethat	792
fee charged for each certificate of title, four dollars and	793
seventy-five cents of the fee charged for each duplicate	794
certificate of title, all of the fees charged for each memorandum	795
certificate, authorization to print a non-negotiable evidence of	796
ownership, or non-negotiable evidence of ownership printed by the	797
clerk, and four dollars and twenty-five cents of the fee charged	798
for each notation of a lien.	799

(c) Five dollars for each certificate of title with no	800
security interest noted that is issued to a licensed motor vehicle	801
dealer for resale purposes. The clerk shall retain two dollars and	802
twenty-five cents of that fee.	803

(d) Five dollars for each memorandum certificate of title or	804
non-negotiable evidence of ownership that is applied for	805
separately. The clerk shall retain that entire fee.	806

(2) The remaining two dollars and seventy-five cents charged	807
for the certificate of title, the remaining twenty-five cents	808
charged for the duplicate certificate of title, and the remaining	809
seventy-five cents charged for the notation of any lien on a	810
certificate of titlefees that are not retained by the clerk shall	811
be paid to the registrar of motor vehicles by monthly returns,	812
which shall be forwarded to the registrar not later than the fifth	813
day of the month next succeeding that in which the certificate is	814
issued or that in which the registrar is notified of a lien or	815
cancellation of a lien.	816

(B)(1) The registrar shall pay twenty-five cents of the	817
amount received for each certificate of title and all of the	818
amounts received for each notation of any lien and each duplicate	819
certificateissued to a motor vehicle dealer for resale and one	820
dollar for all other certificates of title issued into the state	821
bureau of motor vehicles fund established in section 4501.25 of	822
the Revised Code.	823

(2) Fifty cents of the amount received for each certificate	824
of title shall be paid by the registrar as follows:	825

(a) Four cents shall be paid into the state treasury to the	826
credit of the motor vehicle dealers board fund, which is hereby	827
created. All investment earnings of the fund shall be credited to	828
the fund. The moneys in the motor vehicle dealers board fund shall	829
be used by the motor vehicle dealers board created under section	830
4517.30 of the Revised Code, together with other moneys	831
appropriated to it, in the exercise of its powers and the	832
performance of its duties under Chapter 4517. of the Revised Code,	833
except that the director of budget and management may transfer	834
excess money from the motor vehicle dealers board fund to the	835
bureau of motor vehicles fund if the registrar determines that the	836
amount of money in the motor vehicle dealers board fund, together	837
with other moneys appropriated to the board, exceeds the amount	838
required for the exercise of its powers and the performance of its	839
duties under Chapter 4517. of the Revised Code and requests the	840
director to make the transfer.	841

(b) Twenty-one cents shall be paid into the highway operating	842
fund.	843

(c) Twenty-five cents shall be paid into the state treasury	844
to the credit of the motor vehicle sales audit fund, which is	845
hereby created. The moneys in the fund shall be used by the tax	846
commissioner together with other funds available to the	847
commissioner to conduct a continuing investigation of sales and	848
use tax returns filed for motor vehicles in order to determine if	849
sales and use tax liability has been satisfied. The commissioner	850
shall refer cases of apparent violations of section 2921.13 of the	851
Revised Code made in connection with the titling or sale of a	852
motor vehicle and cases of any other apparent violations of the	853
sales or use tax law to the appropriate county prosecutor whenever	854
the commissioner considers it advisable.	855

(3) Two dollars of the amount received by the registrar for	856
each certificate of title shall be paid into the state treasury to	857
the credit of the automated title processing fund, which is hereby	858
created and which shall consist of moneys collected under division	859
(B)(3) of this section and under sections 1548.10 and 4519.59 of	860
the Revised Code. All investment earnings of the fund shall be	861
credited to the fund. The moneys in the fund shall be used as	862
follows:	863

(a) Except for moneys collected under section 1548.10 of the	864
Revised Code and as provided in division (B)(3)(c) of this	865
section, moneys collected under division (B)(3) of this section	866
shall be used to implement and maintain an automated title	867
processing system for the issuance of motor vehicle, off-highway	868
motorcycle, and all-purpose vehicle certificates of title in the	869
offices of the clerks of the courts of common pleas.	870

(b) Moneys collected under section 1548.10 of the Revised	871
Code shall be used to issue marine certificates of title in the	872
offices of the clerks of the courts of common pleas as provided in	873
Chapter 1548. of the Revised Code.	874

(c) Moneys collected under division (B)(3) of this section	875
shall be used in accordance with section 4505.25 of the Revised	876
Code to implement Sub. S.B. 59 of the 124th general assembly.	877

(C)(1) The automated title processing board is hereby created	878
consisting of the registrar or the registrar's representative, a	879
person selected by the registrar, the president of the Ohio clerks	880
of court association or the president's representative, and two	881
clerks of courts of common pleas appointed by the governor. The	882
director of budget and management or the director's designee, the	883
chief of the division of watercraft in the department of natural	884
resources or the chief's designee, and the tax commissioner or the	885
commissioner's designee shall be nonvoting members of the board.	886
The purpose of the board is to facilitate the operation and	887
maintenance of an automated title processing system and approve	888
the procurement of automated title processing system equipment.	889
Voting members of the board, excluding the registrar or the	890
registrar's representative, shall serve without compensation, but	891
shall be reimbursed for travel and other necessary expenses	892
incurred in the conduct of their official duties. The registrar or	893
the registrar's representative shall receive neither compensation	894
nor reimbursement as a board member.	895

(2) The automated title processing board shall determine each	896
of the following:	897

(a) The automated title processing equipment and certificates	898
of title requirements for each county;	899

(b) The payment of expenses that may be incurred by the	900
counties in implementing an automated title processing system;	901

(c) The repayment to the counties for existing title	902
processing equipment, including all related maintenance, security,	903
automated communications, and related supplies.	904

(3) The registrar shall purchase, lease, or otherwise acquire	905
any automated title processing equipment and certificates of title	906
that the board determines are necessary from moneys in the	907
automated title processing fund established by division (B)(3) of	908
this section.	909

(D) All counties shall conform to the requirements of the	910
registrar regarding the operation of their automated title	911
processing system for motor vehicle titles, certificates of title	912
for off-highway motorcycles and all-purpose vehicles, and	913
certificates of title for watercraft and outboard motors.	914

Sec. 4505.11.  (A) Each owner of a motor vehicle and each	915
person mentioned as owner in the last certificate of title, when	916
the motor vehicle is dismantled, destroyed, or changed in such	917
manner that it loses its character as a motor vehicle, or changed	918
in such manner that it is not the motor vehicle described in the	919
certificate of title, shall surrender the certificate of title to	920
that motor vehicle to a clerk of a court of common pleas, and the	921
clerk, with the consent of any holders of any liens noted on the	922
certificate of title, then shall enter a cancellation upon the	923
clerk's records and shall notify the registrar of motor vehicles	924
of the cancellation.	925

Upon the cancellation of a certificate of title in the manner	926
prescribed by this section, any clerk and the registrar of motor	927
vehicles may cancel and destroy all certificates and all	928
memorandum certificates in that chain of title.	929

(B) If an Ohio certificate of title or salvage certificate of	930
title to a motor vehicle is assigned to a salvage dealer, the	931
dealer is not required to obtain an Ohio certificate of title or a	932
salvage certificate of title to the motor vehicle in the dealer's	933
own name if the dealer dismantles or destroys the motor vehicle,	934
indicates the number of the dealer's motor vehicle salvage	935
dealer's license on it, marks "FOR DESTRUCTION" across the face of	936
the certificate of title or salvage certificate of title, and	937
surrenders the certificate of title or salvage certificate of	938
title to a clerk of a court of common pleas as provided in	939
division (A) of this section. If the salvage dealer retains the	940
motor vehicle for resale, the dealer shall make application for a	941
salvage certificate of title to the motor vehicle in the dealer's	942
own name as provided in division (C)(1) of this section.	943

(C)(1) When an insurance company declares it economically	944
impractical to repair such a motor vehicle and has paid an agreed	945
price for the purchase of the motor vehicle to any insured or	946
claimant owner, the insurance company shall receive the	947
certificate of title and the motor vehicle and proceed as follows.	948
Within thirty days, the insurance company shall deliver the	949
certificate of title to a clerk of a court of common pleas and	950
shall make application for a salvage certificate of title. The	951
clerk shall issue the salvage certificate of title on a form,	952
prescribed by the registrar, that shall be easily distinguishable	953
from the original certificate of title and shall bear the same	954
information as the original certificate of title except that it	955
may bear a different number than that of the original certificate	956
of title. Except as provided in division (C)(2) of this section,	957
the salvage certificate of title shall be assigned by the	958
insurance company to a salvage dealer or any other person for use	959
as evidence of ownership upon the sale or other disposition of the	960
motor vehicle, and the salvage certificate of title shall be	961
transferrabletransferable to any other person. The clerk shall	962
charge a fee of fourfive dollars for the cost of processing each	963
salvage certificate of title.	964

(2) If an insurance company considers a motor vehicle as	965
described in division (C)(1) of this section to be impossible to	966
restore for highway operation, the insurance company may assign	967
the certificate of title to the motor vehicle to a salvage dealer	968
or scrap metal processing facility and send the assigned	969
certificate of title to the clerk of the court of common pleas of	970
any county. The insurance company shall mark the face of the	971
certificate of title "FOR DESTRUCTION" and shall deliver a	972
photocopy of the certificate of title to the salvage dealer or	973
scrap metal processing facility for its records.	974

(3) If an insurance company declares it economically	975
impractical to repair a motor vehicle, agrees to pay to the	976
insured or claimant owner an amount in settlement of a claim	977
against a policy of motor vehicle insurance covering the motor	978
vehicle, and agrees to permit the insured or claimant owner to	979
retain possession of the motor vehicle, the insurance company	980
shall not pay the insured or claimant owner any amount in	981
settlement of the insurance claim until the owner obtains a	982
salvage certificate of title to the vehicle and furnishes a copy	983
of the salvage certificate of title to the insurance company.	984

(D) When a self-insured organization, rental or leasing	985
company, or secured creditor becomes the owner of a motor vehicle	986
that is burned, damaged, or dismantled and is determined to be	987
economically impractical to repair, the self-insured organization,	988
rental or leasing company, or secured creditor shall do one of the	989
following:	990

(1) Mark the face of the certificate of title to the motor	991
vehicle "FOR DESTRUCTION" and surrender the certificate of title	992
to a clerk of a court of common pleas for cancellation as	993
described in division (A) of this section. The self-insured	994
organization, rental or leasing company, or secured creditor then	995
shall deliver the motor vehicle, together with a photocopy of the	996
certificate of title, to a salvage dealer or scrap metal	997
processing facility and shall cause the motor vehicle to be	998
dismantled, flattened, crushed, or destroyed.	999

(2) Obtain a salvage certificate of title to the motor	1000
vehicle in the name of the self-insured organization, rental or	1001
leasing company, or secured creditor, as provided in division	1002
(C)(1) of this section, and then sell or otherwise dispose of the	1003
motor vehicle. If the motor vehicle is sold, the self-insured	1004
organization, rental or leasing company, or secured creditor shall	1005
obtain a salvage certificate of title to the motor vehicle in the	1006
name of the purchaser from a clerk of a court of common pleas.	1007

(E) If a motor vehicle titled with a salvage certificate of	1008
title is restored for operation upon the highways, application	1009
shall be made to a clerk of a court of common pleas for a	1010
certificate of title. Upon inspection by the state highway patrol,	1011
which shall include establishing proof of ownership and an	1012
inspection of the motor number and vehicle identification number	1013
of the motor vehicle and of documentation or receipts for the	1014
materials used in restoration by the owner of the motor vehicle	1015
being inspected, which documentation or receipts shall be	1016
presented at the time of inspection, the clerk, upon surrender of	1017
the salvage certificate of title, shall issue a certificate of	1018
title for a fee prescribed by the registrar. The certificate of	1019
title shall be in the same form as the original certificate of	1020
title and shall bear the words "REBUILT SALVAGE" in black boldface	1021
letters on its face. Every subsequent certificate of title,	1022
memorandum certificate of title, or duplicate certificate of title	1023
issued for the motor vehicle also shall bear the words "REBUILT	1024
SALVAGE" in black boldface letters on its face. The exact location	1025
on the face of the certificate of title of the words "REBUILT	1026
SALVAGE" shall be determined by the registrar, who shall develop	1027
an automated procedure within the automated title processing	1028
system to comply with this division. The clerk shall use	1029
reasonable care in performing the duties imposed on the clerk by	1030
this division in issuing a certificate of title pursuant to this	1031
division, but the clerk is not liable for any of the clerk's	1032
errors or omissions or those of the clerk's deputies, or the	1033
automated title processing system in the performance of those	1034
duties. A fee of fifty dollars shall be assessed by the state	1035
highway patrol for each inspection made pursuant to this division	1036
and shall be deposited into the state highway safety fund	1037
established by section 4501.06 of the Revised Code.	1038

(F) No person shall operate upon the highways in this state a	1039
motor vehicle, title to which is evidenced by a salvage	1040
certificate of title, except to deliver the motor vehicle pursuant	1041
to an appointment for an inspection under this section.	1042

(G) No motor vehicle the certificate of title to which has	1043
been marked "FOR DESTRUCTION" and surrendered to a clerk of a	1044
court of common pleas shall be used for anything except parts and	1045
scrap metal.	1046

(H)(1) Except as otherwise provided in this division, an	1047
owner of a manufactured or mobile home that will be taxed as real	1048
property pursuant to division (B) of section 4503.06 of the	1049
Revised Code shall surrender the certificate of title to the	1050
auditor of the county containing the taxing district in which the	1051
home is located. An owner whose home qualifies for real property	1052
taxation under divisions (B)(1)(a) and (b) of section 4503.06 of	1053
the Revised Code shall surrender the certificate within fifteen	1054
days after the home meets the conditions specified in those	1055
divisions. The auditor shall deliver the certificate of title to	1056
the clerk of the court of common pleas who issued it.	1057

(2) If the certificate of title for a manufactured or mobile	1058
home that is to be taxed as real property is held by a lienholder,	1059
the lienholder shall surrender the certificate of title to the	1060
auditor of the county containing the taxing district in which the	1061
home is located, and the auditor shall deliver the certificate of	1062
title to the clerk of the court of common pleas who issued it. The	1063
lienholder shall surrender the certificate within thirty days	1064
after both of the following have occurred:	1065

(a) The homeowner has provided written notice to the	1066
lienholder requesting that the certificate of title be surrendered	1067
to the auditor of the county containing the taxing district in	1068
which the home is located.	1069

(b) The homeowner has either paid the lienholder the	1070
remaining balance owed to the lienholder, or, with the	1071
lienholder's consent, executed and delivered to the lienholder a	1072
mortgage on the home and land on which the home is sited in the	1073
amount of the remaining balance owed to the lienholder.	1074

(3) Upon the delivery of a certificate of title by the county	1075
auditor to the clerk, the clerk shall inactivate it and maintain	1076
it in the automated title processing system for a period of thirty	1077
years.	1078

(4) Upon application by the owner of a manufactured or mobile	1079
home that is taxed as real property pursuant to division (B) of	1080
section 4503.06 of the Revised Code and that no longer satisfies	1081
divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and (b) of that	1082
section, the clerk shall reactivate the record of the certificate	1083
of title that was inactivated under division (H)(3) of this	1084
section and shall issue a new certificate of title, but only if	1085
the application contains or has attached to it all of the	1086
following:	1087

(a) An endorsement of the county treasurer that all real	1088
property taxes charged against the home under Title LVII of the	1089
Revised Code and division (B) of section 4503.06 of the Revised	1090
Code for all preceding tax years have been paid;	1091

(b) An endorsement of the county auditor that the home will	1092
be removed from the real property tax list;	1093

(c) Proof that there are no outstanding mortgages or other	1094
liens on the home or, if there are such mortgages or other liens,	1095
that the mortgagee or lienholder has consented to the reactivation	1096
of the certificate of title.	1097

(I)(1) Whoever violates division (F) of this section shall be	1098
fined not more than two thousand dollars, imprisoned not more than	1099
one year, or both.	1100

(2) Whoever violates division (G) of this section shall be	1101
fined not more than one thousand dollars, imprisoned not more than	1102
six months, or both.	1103

Sec. 4519.55.  Application for a certificate of title for an	1104
off-highway motorcycle or all-purpose vehicle shall be made upon a	1105
form prescribed by the registrar of motor vehicles and shall be	1106
sworn to before a notary public or other officer empowered to	1107
administer oaths. The application shall be filed with the clerk of	1108
any court of common pleas. An application for a certificate of	1109
title may be filed electronically by any electronic means approved	1110
by the registrar in any county with the clerk of the court of	1111
common pleas of that county.	1112

If an application for a certificate of title is filed	1113
electronically by an electronic dealer on behalf of the purchaser	1114
of an off-highway motorcycle or all-purpose vehicle, the clerk	1115
shall retain the completed electronic record to which the dealer	1116
converted the certificate of title application and other required	1117
documents. The registrar, after consultation with the attorney	1118
general, shall adopt rules that govern the location at which, and	1119
the manner in which, are stored the actual application and all	1120
other documents relating to the sale of an off-highway motorcycle	1121
or all-purpose vehicle when an electronic dealer files the	1122
application for a certificate of title electronically on behalf of	1123
the purchaser.	1124

The application shall be accompanied by the fee prescribed in	1125
section 4519.59 of the Revised Code. The fee shall be retained by	1126
the clerk who issues the certificate of title and shall be	1127
distributed in accordance with that section. If a clerk of a	1128
court of common pleas, other than the clerk of the court of common	1129
pleas of an applicant's county of residence, issues a certificate	1130
of title to the applicant, the clerk shall transmit data related	1131
to the transaction to the automated title processing system.	1132

If a certificate of title previously has been issued for an	1133
off-highway motorcycle or all-purpose vehicle, the application	1134
also shall be accompanied by the certificate of title duly	1135
assigned, unless otherwise provided in this chapter. If a	1136
certificate of title previously has not been issued for the	1137
off-highway motorcycle or all-purpose vehicle, the application,	1138
unless otherwise provided in this chapter, shall be accompanied by	1139
a manufacturer's or importer's certificate; by a sworn statement	1140
of ownership; or by a certificate of title, bill of sale, or other	1141
evidence of ownership required by law of another state from which	1142
the off-highway motorcycle or all-purpose vehicle was brought into	1143
this state. The registrar, in accordance with Chapter 119. of the	1144
Revised Code, shall prescribe the types of additional	1145
documentation sufficient to establish proof of ownership,	1146
including, but not limited to, receipts from the purchase of parts	1147
or components, photographs, and affidavits of other persons.	1148

For purposes of the transfer of a certificate of title, if	1149
the clerk is satisfied that a secured party has duly discharged a	1150
lien notation but has not canceled the lien notation with a clerk,	1151
the clerk may cancel the lien notation on the automated title	1152
processing system and notify the clerk of the county of origin.	1153

In the case of the sale of an off-highway motorcycle or	1154
all-purpose vehicle by a dealer to a general purchaser or user,	1155
the certificate of title shall be obtained in the name of the	1156
purchaser by the dealer upon application signed by the purchaser.	1157
In all other cases, the certificate shall be obtained by the	1158
purchaser. In all cases of transfer of an off-highway motorcycle	1159
or all-purpose vehicle, the application for certificate of title	1160
shall be filed within thirty days after the later of the date of	1161
purchase or assignment of ownership of the off-highway motorcycle	1162
or all-purpose vehicle. If the application for certificate of	1163
title is not filed within thirty days after the later of the date	1164
of purchase or assignment of ownership of the off-highway	1165
motorcycle or all-purpose vehicle, the clerk shall charge a late	1166
filing fee of fiveten dollars in addition to the fee prescribed	1167
by section 4519.59 of the Revised Code. The clerk shall retain	1168
the entire amount of each late filing fee.	1169

Except in the case of an off-highway motorcycle or	1170
all-purpose vehicle purchased prior to July 1, 1999, the clerk	1171
shall refuse to accept an application for certificate of title	1172
unless the applicant either tenders with the application payment	1173
of all taxes levied by or pursuant to Chapter 5739. or 5741. of	1174
the Revised Code based on the purchaser's county of residence, or	1175
submits either of the following:	1176

(A) A receipt issued by the tax commissioner or a clerk of	1177
courts showing payment of the tax;	1178

(B) An exemption certificate, in any form prescribed by the	1179
tax commissioner, that specifies why the purchase is not subject	1180
to the tax imposed by Chapter 5739. or 5741. of the Revised Code.	1181

Payment of the tax shall be made in accordance with division	1182
(E) of section 4505.06 of the Revised Code and any rules issued by	1183
the tax commissioner. When a dealer submits payment of the tax to	1184
the clerk, the dealer shall retain any discount to which the	1185
dealer is entitled under section 5739.12 of the Revised Code. The	1186
clerk shall issue a receipt in the form prescribed by the tax	1187
commissioner to any applicant who tenders payment of the tax with	1188
the application for a certificate of title. If the application for	1189
a certificate of title is for an off-highway motorcycle or	1190
all-purpose vehicle purchased prior to July 1, 1999, the clerk	1191
shall accept the application without payment of the taxes levied	1192
by or pursuant to Chapter 5739. or 5741. of the Revised Code or	1193
presentation of either of the items listed in division (A) or (B)	1194
of this section.	1195

For receiving and disbursing such taxes paid to the clerk by	1196
a resident of the clerk's county, the clerk may retain a poundage	1197
fee of one and one-hundredth per cent of the taxes collected,	1198
which shall be paid into the certificate of title administration	1199
fund created by section 325.33 of the Revised Code. The clerk	1200
shall not retain a poundage fee from payments of taxes by persons	1201
who do not reside in the clerk's county.	1202

A clerk, however, may retain from the taxes paid to the clerk	1203
an amount equal to the poundage fees associated with certificates	1204
of title issued by other clerks of courts of common pleas to	1205
applicants who reside in the first clerk's county. The registrar,	1206
in consultation with the tax commissioner and the clerks of the	1207
courts of common pleas, shall develop a report from the automated	1208
title processing system that informs each clerk of the amount of	1209
the poundage fees that the clerk is permitted to retain from those	1210
taxes because of certificates of title issued by the clerks of	1211
other counties to applicants who reside in the first clerk's	1212
county.	1213

In the case of casual sales of off-highway motorcycles or	1214
all-purpose vehicles that are subject to the tax imposed by	1215
Chapter 5739. or 5741. of the Revised Code, the purchase price for	1216
the purpose of determining the tax shall be the purchase price on	1217
an affidavit executed and filed with the clerk by the seller on a	1218
form to be prescribed by the registrar, which shall be prima-facie	1219
evidence of the price for the determination of the tax.	1220

In addition to the information required by section 4519.57 of	1221
the Revised Code, each certificate of title shall contain in bold	1222
lettering the following notification and statements: "WARNING TO	1223
TRANSFEROR AND TRANSFEREE (SELLER AND BUYER): You are required by	1224
law to state the true selling price. A false statement is in	1225
violation of section 2921.13 of the Revised Code and is punishable	1226
by six months imprisonment or a fine of up to one thousand	1227
dollars, or both. All transfers are audited by the department of	1228
taxation. The seller and buyer must provide any information	1229
requested by the department of taxation. The buyer may be assessed	1230
any additional tax found to be due."	1231

The clerk shall forward all payments of taxes, less poundage	1232
fees, to the treasurer of state in a manner to be prescribed by	1233
the tax commissioner and shall furnish information to the	1234
commissioner as the commissioner may require.	1235

Every clerk shall have the capability to transact by	1236
electronic means all procedures and transactions relating to the	1237
issuance of certificates of title for off-highway motorcycles and	1238
all-purpose vehicles that are described in the Revised Code as	1239
being accomplished by electronic means.	1240

Sec. 4519.59.  (A)(1) The clerk of a court of common pleas	1241
shall charge a fee of fiveand retain fees as follows:	1242

(a) Fifteen dollars for each certificate of title,or	1243
duplicate certificate of title,including the issuance of a	1244
memorandum certificate of title, authorization to print a	1245
non-negotiable evidence of ownership described in division (D) of	1246
section 4519.58 of the Revised Code, non-negotiable evidence of	1247
ownership printed by the clerk under division (E) of that section,	1248
and notation of any lien on a certificate of title that is applied	1249
for at the same time as the certificate of title. The clerk shall	1250
retain twoeleven dollars and twenty-fivefifty cents of thethat	1251
fee charged for each certificate of title, four dollars and	1252
seventy-five cents of the fee charged for each duplicate	1253
certificate of title, all of the fees charged for each memorandum	1254
certificate, authorization to print a non-negotiable evidence of	1255
ownership, or non-negotiable evidence of ownership printed by the	1256
clerk, and four dollars and twenty-five cents of the fee charged	1257
for each notation of a lien.	1258

(b) Five dollars for each certificate of title with no	1259
security interest noted that is issued to a licensed motor vehicle	1260
dealer for resale purposes. The clerk shall retain two dollars and	1261
twenty-five cents of that fee.	1262

(c) Five dollars for each memorandum certificate of title or	1263
non-negotiable evidence of ownership that is applied for	1264
separately. The clerk shall retain that entire fee.	1265

(2) The remaining two dollars and seventy-five cents charged	1266
for the certificate of title, the remaining twenty-five cents	1267
charged for the duplicate certificate of title, and the remaining	1268
seventy-five cents charged for the notation of any lien on a	1269
certificate of titlefees that are not retained by the clerk shall	1270
be paid to the registrar of motor vehicles by monthly returns,	1271
which shall be forwarded to the registrar not later than the fifth	1272
day of the month next succeeding that in which the certificate is	1273
forwarded or that in which the registrar is notified of a lien or	1274
cancellation of a lien.	1275

(B)(1) The registrar shall pay twenty-five cents of the	1276
amount received for each certificate of title and all of the	1277
amounts received for each notation of any lien and each duplicate	1278
certificatethat is issued to a motor vehicle dealer for resale	1279
and one dollar for all other certificates of title issued into	1280
the state bureau of motor vehicles fund established in section	1281
4501.25 of the Revised Code.	1282

(2) Fifty cents of the amount received for each certificate	1283
of title shall be paid by the registrar as follows:	1284

(a) Four cents shall be paid into the state treasury to the	1285
credit of the motor vehicle dealers board fund created in section	1286
4505.09 of the Revised Code, for use as described in division	1287
(B)(2)(a) of that section.	1288

(b) Twenty-one cents shall be paid into the highway operating	1289
fund.	1290

(c) Twenty-five cents shall be paid into the state treasury	1291
to the credit of the motor vehicle sales audit fund created in	1292
section 4505.09 of the Revised Code, for use as described in	1293
division (B)(2)(c) of that section.	1294

(3) Two dollars of the amount received by the registrar for	1295
each certificate of title shall be paid into the state treasury to	1296
the credit of the automated title processing fund created in	1297
section 4505.09 of the Revised Code, for use as described in	1298
divisions (B)(3)(a) and (c) of that section.	1299

Sec. 4519.61.  (A) Each owner of an off-highway motorcycle or	1300
all-purpose vehicle and each person mentioned as owner in the last	1301
certificate of title, when the off-highway motorcycle or	1302
all-purpose vehicle is dismantled, destroyed, or changed in such	1303
manner that it loses its character as an off-highway motorcycle or	1304
all-purpose vehicle, or changed in such manner that it is not the	1305
off-highway motorcycle or all-purpose vehicle described in the	1306
certificate of title, shall surrender the certificate of title to	1307
a clerk of a court of common pleas, and the clerk, with the	1308
consent of the holders of any liens noted on the certificate of	1309
title, then shall enter a cancellation upon the clerk's records	1310
and shall notify the registrar of motor vehicles of the	1311
cancellation.	1312

Upon the cancellation of a certificate of title in the manner	1313
prescribed by this section, any clerk and the registrar may cancel	1314
and destroy all certificates and all memorandum certificates in	1315
that chain of title.	1316

(B) If an Ohio certificate of title or salvage certificate of	1317
title to an off-highway motorcycle or all-purpose vehicle is	1318
assigned to a salvage dealer, the dealer shall not be required to	1319
obtain an Ohio certificate of title or a salvage certificate of	1320
title to the off-highway motorcycle or all-purpose vehicle in the	1321
dealer's own name if the dealer dismantles or destroys the	1322
off-highway motorcycle or all-purpose vehicle, completes the	1323
assignment on the certificate of title or salvage certificate of	1324
title, indicates the number of the dealer's motor vehicle salvage	1325
dealer's license on it, marks "FOR DESTRUCTION" across the face of	1326
the certificate of title or salvage certificate of title, and	1327
surrenders the certificate of title or salvage certificate of	1328
title to a clerk of a court of common pleas as provided in	1329
division (A) of this section. If the salvage dealer retains the	1330
off-highway motorcycle or all-purpose vehicle for resale, the	1331
salvage dealer shall make application for a salvage certificate of	1332
title to the off-highway motorcycle or all-purpose vehicle in the	1333
salvage dealer's own name as provided in division (C)(1) of this	1334
section.	1335

(C)(1) When an insurance company declares it economically	1336
impractical to repair the off-highway motorcycle or all-purpose	1337
vehicle and has paid an agreed price for the purchase of the	1338
off-highway motorcycle or all-purpose vehicle to any insured or	1339
claimant owner, the insurance company shall receive the	1340
certificate of title and off-highway motorcycle or all-purpose	1341
vehicle and proceed as follows. Within thirty days, the insurance	1342
company shall deliver the certificate of title to a clerk of a	1343
court of common pleas and shall make application for a salvage	1344
certificate of title. The clerk shall issue the salvage	1345
certificate of title on a form, prescribed by the registrar, that	1346
shall be easily distinguishable from the original certificate of	1347
title and shall bear the same information as the original	1348
certificate of title except that it may bear a different number	1349
from that of the original certificate of title. Except as provided	1350
in division (C)(2) of this section, the salvage certificate of	1351
title shall be assigned by the insurance company to a salvage	1352
dealer or any other person for use as evidence of ownership upon	1353
the sale or other disposition of the off-highway motorcycle or	1354
all-purpose vehicle, and the salvage certificate of title shall be	1355
transferable to any other person. The clerk of the court of	1356
common pleas shall charge a fee of fourfive dollars for the cost	1357
of processing each salvage certificate of title.	1358

(2) If an insurance company considers an off-highway	1359
motorcycle or all-purpose vehicle as described in division (C)(1)	1360
of this section to be impossible to restore to normal operation,	1361
the insurance company may assign the certificate of title to the	1362
off-highway motorcycle or all-purpose vehicle to a salvage dealer	1363
or scrap metal processing facility and send the assigned	1364
certificate of title to the clerk of the court of common pleas of	1365
any county. The insurance company shall mark the face of the	1366
certificate of title "FOR DESTRUCTION" and shall deliver a	1367
photocopy of the certificate of title to the salvage dealer or	1368
scrap metal processing facility for its records.	1369

(3) If an insurance company declares it economically	1370
impractical to repair an off-highway motorcycle or all-purpose	1371
vehicle, agrees to pay to the insured or claimant owner an amount	1372
in settlement of a claim against a policy of motor vehicle	1373
insurance covering the off-highway motorcycle or all-purpose	1374
vehicle, and agrees to permit the insured or claimant owner to	1375
retain possession of the off-highway motorcycle or all-purpose	1376
vehicle, the insurance company shall not pay the insured or	1377
claimant owner any amount in settlement of the insurance claim	1378
until the owner obtains a salvage certificate of title to the	1379
vehicle and furnishes a copy of the salvage certificate of title	1380
to the insurance company.	1381

(D) When a self-insured organization, rental or leasing	1382
company, or secured creditor becomes the owner of an off-highway	1383
motorcycle or all-purpose vehicle that is burned, damaged, or	1384
dismantled and is determined to be economically impractical to	1385
repair, the self-insured organization, rental or leasing company,	1386
or secured creditor shall do one of the following:	1387

(1) Mark the face of the certificate of title to the	1388
off-highway motorcycle or all-purpose vehicle "FOR DESTRUCTION"	1389
and surrender the certificate of title to a clerk of a court of	1390
common pleas for cancellation as described in division (A) of this	1391
section. The self-insured organization, rental or leasing	1392
company, or secured creditor then shall deliver the off-highway	1393
motorcycle or all-purpose vehicle, together with a photocopy of	1394
the certificate of title, to a salvage dealer or scrap metal	1395
processing facility and shall cause the off-highway motorcycle or	1396
all-purpose vehicle to be dismantled, flattened, crushed, or	1397
destroyed.	1398

(2) Obtain a salvage certificate of title to the off-highway	1399
motorcycle or all-purpose vehicle in the name of the self-insured	1400
organization, rental or leasing company, or secured creditor, as	1401
provided in division (C)(1) of this section, and then sell or	1402
otherwise dispose of the off-highway motorcycle or all-purpose	1403
vehicle. If the off-highway motorcycle or all-purpose vehicle is	1404
sold, the self-insured organization, rental or leasing company, or	1405
secured creditor shall obtain a salvage certificate of title to	1406
the off-highway motorcycle or all-purpose vehicle in the name of	1407
the purchaser from a clerk of a court of common pleas.	1408

(E) If an off-highway motorcycle or all-purpose vehicle	1409
titled with a salvage certificate of title is restored for	1410
operation, application shall be made to a clerk of a court of	1411
common pleas for a certificate of title after inspection by the	1412
state highway patrol. The inspection shall include establishing	1413
proof of ownership and an inspection of the motor number and	1414
vehicle identification number of the off-highway motorcycle or	1415
all-purpose vehicle and of documentation or receipts for the	1416
materials used in restoration by the owner of the off-highway	1417
motorcycle or all-purpose vehicle being inspected, which	1418
documentation or receipts shall be presented at the time of	1419
inspection. Upon successful completion of the inspection, the	1420
state highway patrol shall issue to the owner a completed	1421
inspection form. The clerk, upon submission of the completed	1422
inspection form and surrender of the salvage certificate of title,	1423
shall issue a certificate of title for a fee prescribed by the	1424
registrar. The certificate of title shall be in the same form as	1425
the original certificate of title and shall bear the words	1426
"REBUILT SALVAGE" in black boldface letters on its face. Every	1427
subsequent certificate of title, memorandum certificate of title,	1428
or certified copy of a certificate of title or memorandum	1429
certificate of title issued for the off-highway motorcycle or	1430
all-purpose vehicle also shall bear the words "REBUILT SALVAGE" in	1431
black boldface letters on its face. The exact location on the face	1432
of the certificate of title of the words "REBUILT SALVAGE" shall	1433
be determined by the registrar, who shall develop an automated	1434
procedure within the automated title processing system to comply	1435
with this division. The clerk shall use reasonable care in	1436
performing the duties imposed on the clerk by this division in	1437
issuing a certificate of title pursuant to this division, but the	1438
clerk is not liable for errors or omissions of the clerk of	1439
courts, the clerk's deputies, or the automated title processing	1440
system in the performance of such duties. A fee of fifty dollars	1441
shall be assessed by the state highway patrol for each inspection	1442
made pursuant to this division.	1443

(F) No off-highway motorcycle or all-purpose vehicle the	1444
certificate of title to which has been marked "FOR DESTRUCTION"	1445
and surrendered to a clerk of a court of common pleas shall be	1446
used for anything except parts and scrap metal.	1447

Section 2.  That existing sections 325.33, 1548.06, 1548.10,	1448
2303.20, 4503.033, 4505.032, 4505.06, 4505.09, 4505.11, 4519.55,	1449
4519.59, and 4519.61 of the Revised Code are hereby repealed.	1450