As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 73

Representatives Garrison, Fende 

Cosponsors: Representatives Luckie, Murray, Pryor, Williams, B., Sayre, Letson, Boyd, Chandler, Winburn, Okey, Harris, Bolon, Koziura, Pillich, DeGeeter, Yuko, Balderson, Evans 

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A BILL

To amend section 4503.20 of the Revised Code to

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require proof of financial responsibility to be

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submitted as a condition of registering a motor

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vehicle.

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

Section 1. That section 4503.20 of the Revised Code be	5
amended to read as follows:	6

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

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(1) "Dealer engaged in the business of leasing motor	8
vehicles" means any person engaged in the business of regularly	9
making available, offering to make available, or arranging for	10
another person to use a motor vehicle pursuant to a bailment,	11
lease, or other contractual arrangement.	12

(2) "Motor vehicle" hasand "proof of financial	13
responsibility" have the meaningmeanings set forth in section	14
4509.01 of the Revised Code.	15

(B) An application for the registration of a motor vehicle	16
shall contain a statement, to be signed by the applicant either	17
manually or by electronic signature, that does all of the	18
following:	19

(1) States that the applicant maintains, or has maintained on	20
the applicant's behalf, proof of financial responsibility at the	21
time of application, and will not operate a motor vehicle in this	22
state, unless the applicant maintains, with respect to that motor	23
vehicle or the operation of such vehicle, proof of financial	24
responsibility;	25

(2) Contains a brief summary of the purposes and operation of	26
section 4509.101 of the Revised Code, the rights and duties of the	27
applicant under that section, and the penalties for violation of	28
that section;	29

(3) Warns the applicant that the financial responsibility law	30
does not prevent the possibility that the applicant may be	31
involved in an accident with an owner or operator of a motor	32
vehicle who is without proof of financial responsibility;	33

(4) Is accompanied by proof of financial responsibility	34
demonstrated in a manner described in division (G) of section	35
4509.101 of the Revised Code.	36

(C)(1) A person who purchases any motor vehicle from a	37
licensed motor vehicle dealer who agrees to make application for	38
registration of the motor vehicle on behalf of the purchaser shall	39
sign statements that comply with divisions (B) and (F) of this	40
section. The person also shall submit proof of financial	41
responsibility demonstrated in a manner described in division (G)	42
of section 4509.101 of the Revised Code. The dealer shall submit	43
the statements and proof of financial responsibility to the deputy	44
registrar where the dealer has agreed to make application for	45
registration on behalf of the person.	46

(2) In the case of a person who leases any motor vehicle from	47
a dealer engaged in the business of leasing motor vehicles who	48
agrees to make application for registration of the motor vehicle	49
on behalf of the lessee, the person shall sign a statement that	50
complies with division (B) of this section, and shall submit proof	51
of financial responsibility demonstrated in a manner described in	52
division (G) of section 4509.101 of the Revised Code. The dealer	53
shall do either of the following:	54

(a) Submit the statement signed by the person and the proof	55
of financial responsibility to the deputy registrar where the	56
dealer has agreed to make application for registration on behalf	57
of the person;	58

(b) SignSubmit the proof of financial responsibility to the	59
deputy registrar, and sign and submit a statement to the deputy	60
registrar that certifies that a statement has been signed and	61
filed with the dealer or incorporated into the lease.	62

The dealer shall submit to the registrar or deputy registrar	63
to whom the dealer submits the application for registration a	64
statement signed by the person that complies with division (F) of	65
this section.	66

(D) The registrar of motor vehicles shall prescribe the form	67
of the statements required under divisions (B), (C), and (F) of	68
this section, and the manner or manners in which the statements	69
required under divisions (B) and (F) of this section shall be	70
presented to the applicant. Any statement that is required under	71
divisions (B), (C), and (F) of this section shall be designed to	72
enable the applicant to retain a copy of it.	73

(E) Nothing within this section shall be construed to excuse	74
a violation of section 4509.101 of the Revised Code. A motor	75
vehicle dealer who makes application for the registration of a	76
motor vehicle on behalf of the purchaser or lessee of the motor	77
vehicle is not liable in damages in any civil action on account of	78
the act of making such application for registration or the content	79
of any such application for registration.	80

(F) In addition to the statements required by divisions (B)	81
and (C) of this section, a person who makes application for	82
registration of a motor vehicle shall be furnished with a form	83
that lists in plain language all the possible penalties to which a	84
person could be subject for a violation of the financial	85
responsibility law, including driver's license suspensions; all	86
fees, including nonvoluntary compliance and reinstatement fees;	87
and vehicle immobilization or impoundment. The person shall read	88
the form and either manually or by electronic signature sign the	89
form, which shall be submitted along with the application for	90
registration as provided in this section. The form shall be	91
retained by the registrar or deputy registrar who issues the motor	92
vehicle registration or the registrar's or deputy registrar's	93
successor for a period of two years from the date of issuance of	94
the registration.	95

(G) Upon the registration of a motor vehicle, the owner of	96
the motor vehicle is deemed to have agreed to the production of	97
proof of financial responsibility by the owner or the operator of	98
the motor vehicle, upon the request of a peace officer or state	99
highway patrol trooper made in accordance with division (E)(D)(2)	100
of section 4509.101 of the Revised Code.	101

(H) The registrar shall adopt rules governing the renewal of	102
motor vehicle registrations by electronic means and the completion	103
and submission of statements that comply with divisions (B) and	104
(F) of this section. The registrar shall adopt the rules	105
prescribed by this division in accordance with Chapter 119. of the	106
Revised Code.	107

Section 2. That existing section 4503.20 of the Revised Code	108
is hereby repealed.	109