As Reported by the House State Government Committee

128th General Assembly
Regular Session
2009-2010
Sub. H. B. No. 187


Representative Huffman 

Cosponsors: Representatives Snitchler, Hackett, Derickson, Maag, Grossman, Bacon, Stewart, Combs, Bubp, Stebelton, Blair, Yuko, Gerberry, Lundy, Williams, B., Adams, J., Hall 



A BILL
To amend section 4503.102 of the Revised Code 1
generally to require deputy registrars to accept 2
debit cards by automated teller machines, and to 3
allow deputy registrars to accept debit cards and 4
credit cards by other means, for all 5
state-related transactions they process.6


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

       Section 1. That section 4503.102 of the Revised Code be 7
amended to read as follows:8

       Sec. 4503.102.  (A) The registrar of motor vehicles shall9
adopt rules to establish a centralized system of motor vehicle10
registration renewal by mail or by electronic means. Any person11
owning a motor vehicle that was registered in the person's name12
during the preceding registration year shall renew the13
registration of the motor vehicle not more than ninety days prior14
to the expiration date of the registration either by mail or by15
electronic means through the centralized system of registration16
established under this section, or in person at any office of the17
registrar or at a deputy registrar's office.18

       (B)(1) No less than forty-five days prior to the expiration19
date of any motor vehicle registration, the registrar shall mail a20
renewal notice to the person in whose name the motor vehicle is21
registered. The renewal notice shall clearly state that the22
registration of the motor vehicle may be renewed by mail or23
electronic means through the centralized system of registration or24
in person at any office of the registrar or at a deputy25
registrar's office and shall be preprinted with information26
including, but not limited to, the owner's name and residence27
address as shown in the records of the bureau of motor vehicles, a28
brief description of the motor vehicle to be registered, notice of29
the license taxes and fees due on the motor vehicle, the toll-free30
telephone number of the registrar as required under division31
(D)(1) of section 4503.031 of the Revised Code, and any additional32
information the registrar may require by rule. The renewal notice 33
shall not include the social security number of either the owner 34
of the motor vehicle or the person in whose name the motor vehicle 35
is registered. The renewal notice shall be sent by regular mail to36
the owner's last known address as shown in the records of the 37
bureau of motor vehicles.38

       (2) If the application for renewal of the registration of a39
motor vehicle is prohibited from being accepted by the registrar40
or a deputy registrar by division (D) of section 2935.27, division41
(A) of section 2937.221, division (A) of section 4503.13, division42
(B) of section 4510.22, or division (B)(1) of section 4521.10 of43
the Revised Code, the registrar is not required to send a renewal44
notice to the vehicle owner or vehicle lessee.45

       (C) The owner of the motor vehicle shall verify the46
information contained in the notice, sign it either manually or by47
electronic means, and return it, either by mail or electronic48
means, or the owner may take it in person to any office of the49
registrar or of a deputy registrar, together with a financial50
transaction device number, when permitted by rule of the51
registrar, check, or money order in the amount of the registration52
taxes and fees payable on the motor vehicle and a mail fee of two53
dollars and seventy-five cents commencing on July 1, 2001, three54
dollars and twenty-five cents commencing on January 1, 2003, and55
three dollars and fifty cents commencing on January 1, 2004, plus56
postage as indicated on the notice, if the registration is renewed57
by mail, and an inspection certificate for the motor vehicle as58
provided in section 3704.14 of the Revised Code. If the motor59
vehicle owner chooses to renew the motor vehicle registration by60
electronic means, the owner shall proceed in accordance with the61
rules the registrar adopts.62

       (D) If all registration and transfer fees for the motor63
vehicle for the preceding year or the preceding period of the64
current registration year have not been paid, if division (D) of65
section 2935.27, division (A) of section 2937.221, division (A) of66
section 4503.13, division (B) of section 4510.22, or division67
(B)(1) of section 4521.10 of the Revised Code prohibits acceptance68
of the renewal notice, or if the owner or lessee does not have an69
inspection certificate for the motor vehicle as provided in70
section 3704.14 of the Revised Code, if that section is71
applicable, the license shall be refused, and the registrar or72
deputy registrar shall so notify the owner. This section does not73
require the payment of license or registration taxes on a motor74
vehicle for any preceding year, or for any preceding period of a75
year, if the motor vehicle was not taxable for that preceding year76
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or77
4503.16 or Chapter 4504. of the Revised Code.78

       (E)(1) Failure to receive a renewal notice does not relieve a 79
motor vehicle owner from the responsibility to renew the80
registration for the motor vehicle. Any person who has a motor81
vehicle registered in this state and who does not receive a82
renewal notice as provided in division (B) of this section prior83
to the expiration date of the registration shall request an84
application for registration from the registrar or a deputy85
registrar and sign the application manually or by electronic means86
and submit the application and pay any applicable license taxes87
and fees to the registrar or deputy registrar.88

       (2) If the owner of a motor vehicle submits an application89
for registration and the registrar is prohibited by division (D)90
of section 2935.27, division (A) of section 2937.221, division (A)91
of section 4503.13, division (B) of section 4510.22, or division92
(B)(1) of section 4521.10 of the Revised Code from accepting the93
application, the registrar shall return the application and the94
payment to the owner. If the owner of a motor vehicle submits a95
registration renewal application to the registrar by electronic96
means and the registrar is prohibited from accepting the97
application as provided in this division, the registrar shall98
notify the owner of this fact and deny the application and return99
the payment or give a credit on the financial transaction device100
account of the owner in the manner the registrar prescribes by101
rule adopted pursuant to division (A) of this section.102

       (F) Every deputy registrar shall post in a prominent place at 103
the deputy's office a notice informing the public of the mail104
registration system required by this section and also shall post a105
notice that every owner of a motor vehicle and every chauffeur106
holding a certificate of registration is required to notify the107
registrar in writing of any change of residence within ten days108
after the change occurs. The notice shall be in such form as the109
registrar prescribes by rule.110

       (G) The two dollars and seventy-five cents fee collected from 111
July 1, 2001, through December 31, 2002, the three dollars and 112
twenty-five cents fee collected from January 1, 2003, through113
December 31, 2003, and the three dollars and fifty cents fee114
collected after January 1, 2004, plus postage and any financial115
transaction device surcharge collected by the registrar for116
registration by mail, shall be paid to the credit of the state117
bureau of motor vehicles fund established by section 4501.25 of118
the Revised Code.119

       (H)(1) Pursuant to section 113.40 of the Revised Code, the120
registrar may implement a program permitting payment of motor121
vehicle registration taxes and fees, driver's license and122
commercial driver's license fees, and any other taxes, fees,123
penalties, or charges imposed or levied by the state by means of 124
a financial transaction device. The registrar may adopt rules 125
as necessary for this purpose.126

       (2) Commencing(a) Except as otherwise provided in division 127
(H)(2)(c) of this section, commencing with deputy registrar 128
contract awards that have a start date of July 1, 20082010, and 129
for all contract awards thereafter, the registrar shall 130
incorporate in the review process a score for whether or not a 131
proposer states that the proposer willrequire all deputy 132
registrars to accept payment by means of a financial transaction 133
device, including credit cards and debit cards through the use 134
of a deputy-supplied cash or cashless automated teller machine, 135
for allany department of public safety transactions conducted 136
at thatby the deputy registrar location. The bureau of motor 137
vehicles shall not be required to pay any costs associated with 138
the use of the automated teller machine. The deputy registrar 139
shall not be required to pay any additional fees or expenses 140
except as permitted to be in full compliance with all federal and 141
state laws, including the "Truth in Lending Act," 82 Stat. 146 142
(1968), 15 U.S.C 1601, or those that are related to the setup or 143
maintenance of the automated teller machine. Customers of the 144
bureau shall not be required to pay any additional fees or 145
expenses except as permitted to be in full compliance with all 146
federal and state laws, including the "Truth in Lending Act."147

       A deputy registrar shall not be required to accept payment by 148
means of a financial transaction device unless the deputy 149
registrar agreed to do so in the deputy registrar's contract. The 150
bureau shall not be required to pay any costs incurred by a deputy 151
registrar who accepts payment by means of a financial transaction 152
device that result from the deputy registrar accepting payment by 153
means of a financial transaction device.154

       (b) The registrar may permit any deputy registrar to accept 155
credit cards and debit cards by an over-the-counter method in lieu 156
of the cash or cashless automated teller machine. The bureau of 157
motor vehicles shall not be required to pay any costs associated 158
with the use of the over-the-counter method. Customers of the 159
bureau and the deputy registrar shall not be required to pay any 160
additional fees or expenses except as permitted to be in full 161
compliance with all federal and state laws, including the "Truth 162
in Lending Act."163

       (c) The registrar may exempt a deputy registrar from 164
accepting payments by means of debit cards through the use of a 165
deputy-supplied cash or cashless automated teller machine under 166
division (H)(2)(a) of this section if the registrar determines 167
that the deputy registrar location does not meet a specified 168
annual transaction threshold the registrar determines, if there 169
are existing automated teller machines readily available in a 170
location relative to the deputy registrar's office, or for any 171
other reason the registrar determines.172

       (3) A county auditor or clerk of a court of common pleas that 173
is designated a deputy registrar may choose to accept payment by 174
means of a financial transaction device, including credit cards 175
and debit cards, for all department of public safety transactions 176
conducted at the office of the county auditor or clerk of a court 177
of common pleas in the county auditor's or clerk's capacity as 178
deputy registrar. The bureau shall not be required to pay any 179
costs incurred by a county auditor or clerk of a court of common 180
pleas who accepts payment by means of a financial transaction 181
device that result from the county auditor accepting payment by 182
means of a financial transaction device for any such department 183
of public safety transaction.184

       (I) For persons who reside in counties where tailpipe185
emissions inspections are required under the motor vehicle186
inspection and maintenance program, the notice required by187
division (B) of this section shall also include the toll-free188
telephone number maintained by the Ohio environmental protection189
agency to provide information concerning the locations of190
emissions testing centers.191

       Section 2. That existing section 4503.102 of the Revised Code 192
is hereby repealed.193

       Section 3.  Section 4503.102 of the Revised Code is 194
presented in this act as a composite of the section as amended by 195
both H.B. 13 and Am. Sub. H.B. 119 of the 127th General Assembly. 196
The General Assembly, applying the principle stated in division 197
(B) of section 1.52 of the Revised Code that amendments are to be 198
harmonized if reasonably capable of simultaneous operation, finds 199
that the composite is the resulting version of the section in 200
effect prior to the effective date of the section as presented in 201
this act.202