As Introduced

130th General Assembly
Regular Session
2013-2014
H. B. No. 382


Representatives Duffey, Bishoff 

Cosponsors: Representatives Adams, J., Terhar, Becker, Dovilla, Grossman, Henne, Hood, Mallory, Fedor, Ramos, Blessing, Heard, Hagan, R. 

A BILL
To amend sections 4513.60, 4513.61, and 4921.25 of 1
the Revised Code to revise the procedures and 2
penalties governing the nonconsensual towing of 3
motor vehicles and to require the Public Utilities 4
Commission to adopt certain rules regarding a 5
for-hire motor carrier engaged in the towing of 6
motor vehicles.7


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

       Section 1. That sections 4513.60, 4513.61, and 4921.25 of the 8
Revised Code be amended to read as follows:9

       Sec. 4513.60.  (A)(1) The sheriff of a county or chief of 10
police of a municipal corporation, township, or township or joint 11
police district, within the sheriff's or chief's respective 12
territorial jurisdiction, upon complaint of any person adversely 13
affected, may order into storage any motor vehicle, other than an 14
abandoned junk motor vehicle as defined in section 4513.63 of the 15
Revised Code, that has been left on private residential or private 16
agricultural property for at least four hours without the 17
permission of the person having the right to the possession of the 18
property. The sheriff or chief of police, upon complaint of the 19
owner of a repair garage or place of storage, may order into 20
storage any motor vehicle, other than an abandoned junk motor 21
vehicle, that has been left at the garage or place of storage for 22
a longer period than that agreed upon. The place of storage shall 23
be designated by the sheriff or chief of police. When ordering a 24
motor vehicle into storage pursuant to this division, a sheriff or 25
chief of police, whenever possible, shall arrangedo both of the 26
following:27

       (a) Arrange for the removal of the motor vehicle by a private 28
tow truck operator or towing company. Subject; and29

       (b) Designate a place of storage, that meets the standards 30
set forth in division (B)(1)(b) of this section and accepts major 31
credit cards for payment of towing and storage charges.32

       (2) Subject to division (C) of this section, the owner of a 33
motor vehicle that has been removed pursuant to this division may 34
recover the vehicle only in accordance with division (E) of this 35
section.36

       (2)(3) Divisions (A)(1) to (3)(4) of this section do not 37
apply to any private residential or private agricultural property 38
that is established as a private tow-away zone in accordance with 39
division (B) of this section.40

       (3)(4) As used in divisions (A)(1) and (2) of this section, 41
"private residential property" means private property on which is 42
located one or more structures that are used as a home, residence, 43
or sleeping place by one or more persons, if no more than three 44
separate households are maintained in the structure or structures. 45
"Private residential property" does not include any private 46
property on which is located one or more structures that are used 47
as a home, residence, or sleeping place by two or more persons, if 48
more than three separate households are maintained in the 49
structure or structures.50

       (B)(1) The owner of private property may establish a private 51
tow-away zone only if all of the following conditions are 52
satisfied:53

       (a) The owner posts on the owner's property a sign, that is 54
at least eighteen inches by twenty-four inches in size, that is 55
visible from all entrances to the property, and that contains at 56
least all of the following information:57

       (i) A noticestatement that the property is a private 58
tow-away zone and that vehicles not authorized to park on the 59
property will be towed away;. The statement shall include a 60
description of persons authorized to park on the property, 61
including the name of any business whose patrons are authorized to 62
park on the property. The statement also shall include a 63
description of any time limits or other circumstances restricting 64
authorized parking at the location.65

       (ii) The telephone number of the person from whom a 66
towed-away vehicle can be recovered, and the address of the place 67
to which the vehicle will be taken and the place from which it may 68
be recovered;69

       (iii) A statement that the vehicle may be recovered at any 70
time during the day or night upon the submission of proof of 71
ownership and the payment of a towing charge, in an amount not to 72
exceed ninety dollars, and a storage charge, in an amount not to 73
exceed twelve dollars per twenty-four-hour period excluding the 74
first twenty-four-hour period, for which no charge shall be 75
imposed; except that the charge for towing shall not exceed one 76
hundred fifty dollars, and the storage charge shall not exceed 77
twenty dollars per twenty-four-hour period excluding the first 78
twenty-four-hour period, for which no charge shall be imposed, if 79
the vehicle has a manufacturer's gross vehicle weight rating in 80
excess of ten thousand pounds and is a truck, bus, or a 81
combination of a commercial tractor and trailer or semitrailer.82

       (b) TheAll of the following apply to the place to which the83
a towed vehicle ismay be taken and from which it may be 84
recovered:85

       (i) It is conveniently located,within fifteen miles of the 86
location of the private tow-away zone, if there is a place of 87
storage within fifteen miles, and in no case is located more than 88
twenty-five miles from the location of the private tow-away zone.89

       (ii) It is well lighted, and.90

       (iii) It is on or within a reasonable distance of a regularly 91
scheduled route of one or more modes of public transportation, if 92
any public transportation is available in the municipal 93
corporation or township in which the private tow-away zone is 94
located.95

       (c) The towing service and storage facility used by the owner 96
of the private property that is established as a tow-away zone 97
accepts major credit cards for payment of the towing and storage 98
charges at the location of the private tow-away zone prior to the 99
actual removal of the vehicle from the property as specified under 100
division (C) of this section, as well as at the place of storage 101
to which the vehicle is removed.102

       (2)(a) If a vehicle is parked on private property that is 103
established as a private tow-away zone in accordance with division 104
(B)(1) of this section, without the consent of the owner of the 105
property or in violation of any posted parking condition or 106
regulation, the owner or the owner's agent may remove, or cause 107
the removal of, the vehicle, thein accordance with this section 108
and in accordance with applicable rules of the public utilities 109
commission adopted under section 4921.25 of the Revised Code 110
governing vehicle removal by a for-hire motor carrier. The vehicle111
owner and the operator of the vehicle shall beare deemed to have 112
consented to the removal and storage of the vehicle and to the 113
payment of the towing and storage charges specified in division 114
(B)(1)(a)(iii) of this section, and the. The vehicle owner, 115
subject to division (C) of this section, may recover a vehicle 116
that has been so removed only in accordance with division (E) of 117
this section, or in an action of replevin maintained under Chapter 118
2737. of the Revised Code if the vehicle owner disputes the 119
removal of the vehicle and the continued possession of the vehicle 120
by the towing service or storage facility.121

        (b) Prior to towing a vehicle under division (B) of this 122
section, a towing service shall take at least one photograph of 123
the vehicle showing that the vehicle is parked on private property 124
in violation of a private tow-away zone established under division 125
(B)(1) of this section and also shall record the time and date of 126
the photograph. The towing service shall maintain the photograph 127
and the record of the time and date of the photograph, in 128
electronic or printed form, for at least two years from the date 129
of towing the vehicle.130

       (c) A towing service shall deliver a vehicle to the location 131
from which it may be recovered not more than two hours after the 132
time it was removed from the private tow-away zone.133

       (3) If a municipal corporation requires tow trucks and tow 134
truck operators to be licensed, no owner of private property 135
located within the municipal corporation shall remove, or shall 136
cause the removal and storage of, any vehicle pursuant to division 137
(B)(2) of this section by an unlicensed tow truck or unlicensed 138
tow truck operator.139

       (4) DivisionsExcept as otherwise specifically provided, 140
divisions (B)(1) to (3) of this section do not affect or limit the 141
operation of division (A) of this section or sections 4513.61 to 142
4513.65 of the Revised Code as they relate to property other than 143
private property that is established as a private tow-away zone 144
under division (B)(1) of this section.145

       (C) If the owner or operator of a motor vehicle that has been 146
ordered into storage pursuant to division (A)(1) of this section 147
or of a vehicle that is being removed under authority of division 148
(B)(2) of this section arrives after the motor vehicle or vehicle 149
has been prepared for removal, but prior to its actual removal 150
from the property, the towing service shall give the vehicle owner 151
or operator shall be given the opportunity toverbal or written 152
notification at the time of such arrival that the vehicle owner or 153
operator may pay a fee of not more than one-half of the charge for 154
the removal of motor vehicles under division (A)(1) of this 155
section or of vehicles under division (B)(2) of this section, 156
whichever is applicable, that normally is assessed by the person 157
who has prepared the motor vehicle or vehicle for removal, in 158
order to obtain release of the motor vehicle or vehicle. Upon 159
payment of that fee, which may be made by use of a major credit 160
card, the towing service shall give the vehicle owner or operator 161
a receipt showing both the full amount normally assessed and the 162
actual amount received and shall release the motor vehicle or 163
vehicle shall be released to the owner or operator, and upon. Upon164
its release, the owner or operator immediately shall move it so 165
that:166

       (1) If the motor vehicle was ordered into storage pursuant to 167
division (A)(1) of this section, it is not on the private 168
residential or private agricultural property without the 169
permission of the person having the right to possession of the 170
property, or is not at the garage or place of storage without the 171
permission of the owner, whichever is applicable.172

       (2) If the vehicle was being removed under authority of 173
division (B)(2) of this section, it is not parked on the private 174
property established as a private tow-away zone without the 175
consent of the owner or in violation of any posted parking 176
condition or regulation.177

       (D)(1) If an owner of private property that is established as 178
a private tow-away zone in accordance with division (B)(1) of this 179
section or the authorized agent of such an owner removes or causes 180
the removal of a vehicle from that property under authority of 181
division (B)(2) of this section, the owner or agent, subject to 182
division (B) of section 4921.25 of the Revised Code, promptly 183
shall notify the police department of the municipal corporation, 184
township, or township or joint police district in which the 185
property is located, of the removal, the vehicle's license number, 186
make, model, and color, the location from which it was removed, 187
the date and time of its removal, the telephone number of the 188
person from whom it may be recovered, and the address of the place 189
to which it has been taken and from which it may be recovered.190

       (2) Each county sheriff and each chief of police of a 191
municipal corporation, township, or township or joint police 192
district shall maintain a record of motor vehicles that the 193
sheriff or chief orders into storage pursuant to division (A)(1) 194
of this section and of vehicles removed from private property in 195
the sheriff's or chief's jurisdiction that is established as a 196
private tow-away zone of which the sheriff or chief has received 197
notice under division (D)(1) of this section. The record shall 198
include an entry for each such motor vehicle or vehicle that 199
identifies the motor vehicle's or vehicle's license number, make, 200
model, and color, the location from which it was removed, the date 201
and time of its removal, the telephone number of the person from 202
whom it may be recovered, and the address of the place to which it 203
has been taken and from which it may be recovered. Any information 204
in the record that pertains to a particular motor vehicle or 205
vehicle shall be provided to any person who, either in person or 206
pursuant to a telephone call, identifies self as the owner or 207
operator of the motor vehicle or vehicle and requests information 208
pertaining to its location.209

       (3) Any person who registers a complaint that is the basis of 210
a sheriff's or police chief's order for the removal and storage of 211
a motor vehicle under division (A)(1) of this section shall 212
provide the identity of the law enforcement agency with which the 213
complaint was registered to any person who identifies self as the 214
owner or operator of the motor vehicle and requests information 215
pertaining to its location.216

       (E)(1) The owner of a motor vehicle that is ordered into 217
storage pursuant to division (A)(1) of this section or of a 218
vehicle that is removed under authority of division (B)(2) of this 219
section may reclaim it upon paymentboth of the following:220

       (a) Payment of any expenses ortowing and storage charges 221
incurred infor its removal, in an amount not to exceed ninety 222
dollars, and storage, in an amount not to exceed twelve dollars 223
per twenty-four-hour period; except that the charge for towing 224
shall not exceed one hundred fifty dollars, and the storage charge 225
shall not exceed twenty dollars per twenty-four-hour period, if 226
the vehicle has a manufacturer's gross vehicle weight rating in 227
excess of ten thousand pounds and is a truck, bus, or a 228
combination of a commercial tractor and trailer or semitrailer.229
the towing and storage charges specified in division 230
(B)(1)(a)(iii) of this section; and231

       (b) Presentation of proof of ownership, which may be 232
evidenced by a certificate of title to the motor vehicle or 233
vehicle also shall be required for reclamation of the vehicle. If234

       (2) A towing or storage service in possession of a vehicle 235
removed under division (B)(2) of this section shall give the 236
vehicle owner or operator who contests the removal of the vehicle 237
a copy of the photograph taken under division (B)(2) of this 238
section and a written statement, in at least ten-point font, in 239
substantially the following form: "IMPORTANT: IF YOU CONTEST THE 240
REMOVAL OF YOUR VEHICLE, YOU MAY SEEK TO RECOVER POSSESSION OF THE 241
VEHICLE IN A REPLEVIN ACTION UNDER CHAPTER 2737. OF THE REVISED 242
CODE AND, IF APPLICABLE, MAY BRING A CIVIL ACTION PURSUANT TO 243
DIVISION (A) OF SECTION 2307.60 AND SECTION 2307.61 OF THE REVISED 244
CODE TO RECOVER DAMAGES FROM ANY PERSON WHO COMMITS A THEFT 245
OFFENSE."246

        (3) If a motor vehicle that is ordered into storage pursuant 247
to division (A)(1) of this section remains unclaimed by the owner 248
for thirty days, the procedures established by sections 4513.61 249
and 4513.62 of the Revised Code shall apply.250

       (F)(1) No person shall remove, or cause the removal of, any 251
vehicle from private property that is established as a private 252
tow-away zone under division (B)(1) of this section or store such 253
a vehicle other than in accordance with division (B)(2) of this 254
section, and no person shall remove, or cause the removal of, any 255
motor vehicle from any other private property other than in 256
accordance with division (A)(1) of this section or sections 257
4513.61 to 4513.65 of the Revised Code.258

       (2) No person shall fail to provide the photograph and 259
statement in accordance with division (E)(2) of this section.260

       (3) No person shall charge or collect any fee related to the 261
removal, towing, storage, or recovery of a vehicle under this 262
section except the towing and storage charges specified in 263
division (B)(1)(a)(iii) or (C) of this section.264

       (4) No person who is removing a vehicle under the authority 265
of this section shall fail to inform a vehicle owner or operator 266
of the opportunity to pay a reduced fee under division (C) of this 267
section if the vehicle owner or operator arrives after the motor 268
vehicle or vehicle has been prepared for removal, but prior to its 269
actual removal from the property.270

       (G) Whoever violates division (B)(3) or (F) of this section 271
is guilty of a minor misdemeanor.272

       (H) In addition to any penalty imposed under division (G) of 273
this section, any for-hire motor carrier engaged in the towing of 274
motor vehicles who violates division (F) of this section is 275
subject to sanctions imposed by the public utilities commission by 276
rule adopted under division (B) of section 4921.25 of the Revised 277
Code.278

       Sec. 4513.61. (A) The sheriff of a county or chief of police 279
of a municipal corporation, township, or township or joint police 280
district, within the sheriff's or chief's respective territorial 281
jurisdiction, or a state highway patrol trooper, upon notification 282
to the sheriff or chief of police of such action and of the 283
location of the place of storage, may order into storage any motor 284
vehicle, including an abandoned junk motor vehicle as defined in 285
section 4513.63 of the Revised Code, that has come into the 286
possession of the sheriff, chief of police, or state highway 287
patrol trooper as a result of the performance of the sheriff's, 288
chief's, or trooper's duties or that has been left on a public 289
street or other property open to the public for purposes of 290
vehicular travel, or upon or within the right-of-way of any road 291
or highway, for forty-eight hours or longer without notification 292
to the sheriff or chief of police of the reasons for leaving the 293
motor vehicle in such place, except that when such a motor vehicle 294
constitutes an obstruction to traffic it may be ordered into 295
storage immediately. TheSubject to division (C) of this section, 296
the sheriff or chief of police shall designate the place of 297
storage of any motor vehicle so ordered removed.298

       (B) If the sheriff, chief of police, or a state highway 299
patrol trooper issues an order under division (A) of this section 300
and arranges for the removal of a motor vehicle by a private tow 301
truck operator or towing company, the private tow truck operator 302
or towing company shall do all of the following:303

       (1) Remove the vehicle in accordance with applicable rules of 304
the public utilities commission adopted under section 4921.25 of 305
the Revised Code governing vehicle removal by a for-hire motor 306
carrier;307

       (2) Accept major credit cards for payment of the towing 308
charges;309

       (3) Give a motor vehicle owner or operator who arrives after 310
the vehicle has been prepared for removal, but prior to its actual 311
removal, verbal or written notification of both of the following:312

       (a) That the owner or operator may obtain the immediate 313
release of the vehicle; and314

       (b) That immediate release of the vehicle is conditioned on 315
the payment of a fee of not more than one-half of the charge for 316
the removal of a motor vehicle that normally is assessed by the 317
tow truck operator or towing company.318

        Upon payment of that fee, which may be made by use of a major 319
credit card, the tow truck operator or towing company shall give 320
the vehicle owner or operator a receipt showing both the full 321
amount normally assessed and the actual amount received and shall 322
release the vehicle to the owner or operator. Upon its release, 323
the owner or operator immediately shall move it from the location 324
where it was ordered into storage to a place where it is not 325
subject to a storage order under division (A) of this section.326

       (4) Except when a vehicle constitutes an obstruction to 327
traffic and has been ordered into storage immediately, take at 328
least one photograph of the vehicle prior to towing the vehicle 329
and also record the time and date of the photograph. The tow truck 330
operator or towing company shall maintain the photograph and the 331
record of the time and date of the photograph, in electronic or 332
printed form, for at least two years from the date of towing the 333
vehicle.334

       (5) Deliver a vehicle to the location from which it may be 335
recovered not more than two hours after the time it was removed.336

       (C) The sheriff, chief of police, or a state highway patrol 337
trooper designating a private place of storage for a motor vehicle 338
ordered removed under division (A) of this section, whenever 339
possible, shall ensure that the private place of storage meets all 340
of the following requirements:341

       (1) It is conveniently located, within fifteen miles of the 342
place from which the towed vehicle was removed, if there is a 343
place of storage within fifteen miles, and in no case located more 344
than twenty-five miles from the place from which the towed vehicle 345
was removed.346

       (2) It is well lighted.347

       (3) It is on or within a reasonable distance of a regularly 348
scheduled route of one or more modes of public transportation, if 349
any public transportation is available in the county, township, or 350
municipal corporation from which the vehicle was removed.351

       (4) It accepts major credit cards for payment of the towing 352
and storage charges.353

       (D) The sheriff or chief of police immediately shall cause a 354
search to be made of the records of the bureau of motor vehicles 355
to ascertain the identity of the owner and any lienholder of a 356
motor vehicle ordered into storage by the sheriff or chief of 357
police, or by a state highway patrol trooper, and, if known,. Upon 358
obtaining such identity, the sheriff, chief, or trooper shall send 359
or cause to be sent notice to the owner or lienholder at the 360
owner's or lienholder's last known address by certified mail with 361
return receipt requested, notice that informs the owner or 362
lienholder that the motor vehicle will be declared a nuisance and 363
disposed of if not claimed within ten days of the date of mailing 364
of the notice. The owner or lienholder of the motor vehicle may 365
reclaim it upon payment of any expenses or charges incurred in its 366
removal and storage, and presentation of proof of ownership, which 367
may be evidenced by a certificate of title or memorandum 368
certificate of title to the motor vehicle. If the owner or 369
lienholder of the motor vehicle reclaims it after a search of the 370
records of the bureau has been conducted and after notice has been 371
sent to the owner or lienholder as described in this section, and 372
the search was conducted by the owner of the place of storage or 373
the owner's employee, and the notice was sent to the motor vehicle 374
owner by the owner of the place of storage or the owner's 375
employee, the owner or lienholder shall pay to the place of 376
storage a processing fee of twenty-five dollars, in addition to 377
any expenses or charges incurred in the removal and storage of the 378
vehicle.379

       (E) If the owner or lienholder makes no claim to the motor 380
vehicle within ten days of the date of mailing of the notice, and 381
if the vehicle is to be disposed of at public auction as provided 382
in section 4513.62 of the Revised Code, the sheriff or chief of 383
police, without charge to any party, shall file with the clerk of 384
courts of the county in which the place of storage is located an 385
affidavit showing compliance with the requirements of this 386
section. Upon presentation of the affidavit, the clerk, without 387
charge, shall issue a salvage certificate of title, free and clear 388
of all liens and encumbrances, to the sheriff or chief of police. 389
If the vehicle is to be disposed of to a motor vehicle salvage 390
dealer or other facility as provided in section 4513.62 of the 391
Revised Code, the sheriff or chief of police shall execute in 392
triplicate an affidavit, as prescribed by the registrar of motor 393
vehicles, describing the motor vehicle and the manner in which it 394
was disposed of, and that all requirements of this section have 395
been complied with. The sheriff or chief of police shall retain 396
the original of the affidavit for the sheriff's or chief's 397
records, and shall furnish two copies to the motor vehicle salvage 398
dealer or other facility. Upon presentation of a copy of the 399
affidavit by the motor vehicle salvage dealer, the clerk of 400
courts, within thirty days of the presentation, shall issue to 401
such owner a salvage certificate of title, free and clear of all 402
liens and encumbrances.403

       (F) Whenever a motor vehicle salvage dealer or other facility 404
receives an affidavit for the disposal of a motor vehicle as 405
provided in this section, the dealer or facility shall not be 406
required to obtain an Ohio certificate of title to the motor 407
vehicle in the dealer's or facility's own name if the vehicle is 408
dismantled or destroyed and both copies of the affidavit are 409
delivered to the clerk of courts.410

       (G) No private tow truck operator or towing company shall 411
remove a vehicle ordered into storage under division (A) of this 412
section other than in accordance with division (B) of this 413
section.414

       (H) Whoever violates division (G) of this section is guilty 415
of a minor misdemeanor.416

       (I) In addition to any penalty imposed under division (H) of 417
this section, any for-hire motor carrier engaged in the towing of 418
motor vehicles who violates division (G) of this section is 419
subject to sanctions imposed by the public utilities commission by 420
rule adopted under division (B) of section 4921.25 of the Revised 421
Code.422

       Sec. 4921.25. (A) Any person, firm, copartnership, voluntary 423
association, joint-stock association, company, or corporation, 424
wherever organized or incorporated, that is engaged in the towing 425
of motor vehicles is subject to regulation by the public utilities 426
commission as a for-hire motor carrier under this chapter. Such427
Except as provided by rule of the commission adopted under 428
division (B)(1) of this section, such an entity is not subject to 429
any ordinance, rule, or resolution of a municipal corporation, 430
county, or township that provides for the licensing, registering, 431
or regulation of entities that tow motor vehicles.432

       (B) The commission shall adopt rules under Chapter 119. of 433
the Revised Code that do all of the following:434

        (1) Establish the acceptable scope of consumer protection or 435
public safety regulations that may apply to a for-hire motor 436
carrier engaged in the towing of motor vehicles under an 437
ordinance, rule, or resolution of a municipal corporation, county, 438
or township;439

        (2) Require the display of the business telephone number of a 440
for-hire motor carrier engaged in the towing of motor vehicles on 441
both sides of a vehicle used by the motor carrier to tow other 442
motor vehicles. The rules shall require the telephone number to be 443
displayed in a manner that is readily legible and consistent with 444
applicable markings required under federal law for a commercial 445
motor vehicle.446

       (3) Establish safety standards for the type of equipment 447
necessary to safely remove and tow vehicles based on the type of 448
vehicle being removed or towed;449

       (4) Establish standards for the removal of a motor vehicle 450
from a private tow-away zone by a for-hire motor carrier engaged 451
in the towing of motor vehicles in addition to standards and 452
requirements established under section 4513.60 of the Revised 453
Code. The standards may vary based on whether the private tow-away 454
zone is located on residential, retail, or other commercial 455
property. The standards may include methods by which a for-hire 456
motor carrier may confirm the property owner's consent to the 457
removal of a motor vehicle from the private tow-away zone. The 458
standards may establish minimum periods of time that a motor 459
vehicle must be parked in a private tow-away zone prior to the 460
motor vehicle's removal by a for-hire motor carrier.461

       (5) Determine the time and manner of notification that a 462
for-hire motor carrier engaged in the towing of motor vehicles 463
must follow when notifying a police department of a municipal 464
corporation, township, or township or joint police district of the 465
removal of a vehicle from a private tow-away zone as required 466
under division (D)(1) of section 4513.60 of the Revised Code, 467
provided that the time of notification shall not exceed four hours 468
from the time the vehicle is removed from the private tow-away 469
zone.470

       (6) Require any for-hire motor carrier engaged in the towing 471
of motor vehicles to notify the commission of any violation of 472
division (F) of section 4513.60 or division (G) of section 4513.61 473
of the Revised Code.474

       (7) Establish a procedure for any vehicle owner to file a 475
complaint against a for-hire motor carrier engaged in the towing 476
of motor vehicles alleging a violation of division (F) of section 477
4513.60 of the Revised Code.478

       (8) Require a monetary fine to be imposed on a for-hire motor 479
carrier engaged in the towing of motor vehicles upon verification 480
of a violation of division (F) of section 4513.60 or division (G) 481
of section 4513.61 of the Revised Code, which shall be in the 482
minimum amount of two times the amount of the towing and storage 483
fees collected from the vehicle owner, and which shall be remitted 484
to the vehicle owner in the manner provided by the commission.485

       (9) Establish a schedule of sanctions to be imposed on a 486
for-hire motor carrier engaged in the towing of motor vehicles 487
upon verification of a violation of division (F) of section 488
4513.60 or division (G) of section 4513.61 of the Revised Code or 489
a rule adopted under this section, which may include a monetary 490
fine and, in the manner provided in section 4921.07 of the Revised 491
Code, the suspension or revocation of the certificate of public 492
convenience and necessity issued to the for-hire motor carrier. 493
Any monetary fines collected under division (B)(9) of this section 494
shall be deposited in the public utilities transportation safety 495
fund created in section 4921.21 of the Revised Code.496

       (10) Adopt any other rules necessary to carry out the 497
purposes of this section.498

       (C) No person shall knowingly falsify or fail to submit any 499
information required to be submitted to the commission under this 500
section or a rule adopted under it.501

       Section 2. That existing sections 4513.60, 4513.61, and 502
4921.25 of the Revised Code are hereby repealed.503