130th Ohio General Assembly
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As Passed by the House

122nd General Assembly
Regular Session
1997-1998
Am. H. B. No. 141

REPRESENTATIVES CATES-SCHULER-GARCIA-METZGER-PADGETT-VAN VYVEN- BENDER-TERWILLEGER-FOX-MALLORY-HAINES-OLMAN-MILLER-FORD- CORE-CLANCY-BRADING-HARRIS-HOTTINGER-GRENDELL-CORBIN- SYKES-TAVARES-BUCHY-OPFER-MOTTL-SAWYER


A BILL
To amend sections 4503.10, 4503.102, 4503.12, 4507.08, and 4507.09 and to enact sections 4503.13 and 4507.091 of the Revised Code to provide that if a person has an outstanding arrest warrant issued by a municipal court or county court, the person may not be eligible to be issued a certificate of registration to a motor vehicle in that person's name or a driver's license.

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


Section 1. That sections 4503.10, 4503.102, 4503.12, 4507.08, and 4507.09 be amended and sections 4503.13 and 4507.091 of the Revised Code be enacted to read as follows:

Sec. 4503.10. (A) Except as provided in section 4503.103 of the Revised Code, every owner of a motor vehicle and every person mentioned as owner in the last certificate of title, bill of sale, or sworn statement of ownership of a motor vehicle which is operated or driven upon the public roads or highways shall cause to be filed each year, by mail or otherwise, in the office of the registrar of motor vehicles or a deputy registrar, a written application or a preprinted registration renewal notice issued under section 4503.102 of the Revised Code, the form of which shall be prescribed by the registrar, for registration for the following registration year, which shall begin on the first day of January of every calendar year and end on the thirty-first day of December in the same year. Applications for registration and registration renewal notices shall be filed at the times established by the registrar pursuant to section 4503.101 of the Revised Code. Except as provided in division (J) of this section, applications for registration shall be made on blanks furnished by the registrar for that purpose, containing the following information:

(1) A brief description of the motor vehicle to be registered, including the name of the manufacturer, the factory number of the vehicle, the year's model, and, in the case of commercial cars, the gross weight of the vehicle fully equipped computed in the manner prescribed in section 4503.08 of the Revised Code;

(2) The name and residence address of the owner, and the township and municipal corporation in which the owner resides;

(3) The district of registration, which shall be determined as follows:

(a) In case the motor vehicle to be registered is used for hire or principally in connection with any established business or branch business, conducted at a particular place, the district of registration is the municipal corporation in which that place is located or, if not located in any municipal corporation, the county and township in which that place is located.

(b) In case the vehicle is not so used, the district of registration is the municipal corporation or county in which the owner resides at the time of making the application.

(4) Whether the motor vehicle is a new or used motor vehicle;

(5) The date of purchase of the motor vehicle;

(6) Whether the fees required to be paid for the registration or transfer of the motor vehicle, during the preceding registration year and during the preceding period of the current registration year, have been paid. Each application for registration shall be signed by the owner, directly or pursuant to obtaining a limited power of attorney authorized by the registrar for registration, or other document authorizing such signature.

(7) The owner's social security number, if assigned, or, where a motor vehicle to be registered is used for hire or principally in connection with any established business, the owner's federal taxpayer identification number.

(B) Each time the applicant first registers a motor vehicle in the applicant's name, the applicant shall present for inspection proper bills of sale or sworn statement of ownership, the originals of which have been filed with the clerk of the court of common pleas, or a certificate of the clerk certifying that such bills of sale or sworn statement of ownership have been filed with the clerk, or a certificate of title or a memorandum certificate showing title to the motor vehicle to be registered in the applicant. When a motor vehicle inspection and maintenance program is in effect under section 3704.14 of the Revised Code and rules adopted under it, each application for registration for a vehicle required to be inspected under that section and those rules shall be accompanied by an inspection certificate for the motor vehicle issued in accordance with that section. The application shall be refused if any of the following applies:

(1) The application is not in proper form.

(2) The application is prohibited from being accepted by division (D) of section 2935.27, division (A) of section 2937.221, DIVISION (A) OF SECTION 4503.13, division (B) of section 4507.168, or division (B)(1) of section 4521.10 of the Revised Code.

(3) When applicable, proper bills of sale or sworn statement of ownership or proper certificate thereof or certificate of title or memorandum certificate does not accompany the application.

(4) All registration and transfer fees for the motor vehicle, for the preceding year or the preceding period of the current registration year, have not been paid.

(5) The owner or lessee does not have an inspection certificate for the motor vehicle as provided in section 3704.14 of the Revised Code, and rules adopted under it, if that section is applicable.

This section does not require the payment of license or registration taxes on a motor vehicle for any preceding year, or for any preceding period of a year, if the motor vehicle was not taxable for that preceding year or period under sections 4503.02, 4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the Revised Code. When a certificate of registration is issued upon the first registration of a motor vehicle by or on behalf of the owner, the official issuing the certificate shall indicate the issuance with a stamp on the certificate of title or memorandum certificate and on the inspection certificate for the motor vehicle, if any. The official also shall indicate, by a stamp or by such other means as the registrar prescribes, on the registration certificate issued upon the first registration of a motor vehicle by or on behalf of the owner the odometer reading of the motor vehicle as shown in the odometer statement included in or attached to the certificate of title. Upon each subsequent registration of the motor vehicle by or on behalf of the same owner, the official also shall so indicate the odometer reading of the motor vehicle as shown on the immediately preceding certificate of registration.

The registrar shall include in the permanent registration record of any vehicle required to be inspected under section 3704.14 of the Revised Code the inspection certificate number from the inspection certificate that is presented at the time of registration of the vehicle as required under this division.

(C) In addition, a charge of twenty-five cents shall be made for each reflectorized safety license plate issued, and a single charge of twenty-five cents shall be made for each county identification sticker or each set of county identification stickers issued, as the case may be, to cover the cost of producing the license plates and stickers, including material, manufacturing, and administrative costs. Those fees shall be in addition to the license tax. If the total cost of producing the plates is less than twenty-five cents per plate, or if the total cost of producing the stickers is less than twenty-five cents per sticker or per set issued, any excess moneys accruing from the fees shall be distributed in the same manner as provided by section 4501.04 of the Revised Code for the distribution of license tax moneys. If the total cost of producing the plates exceeds twenty-five cents per plate, or if the total cost of producing the stickers exceeds twenty-five cents per sticker or per set issued, the difference shall be paid from the license tax moneys collected pursuant to section 4503.02 of the Revised Code.

(D) Each deputy registrar shall be allowed a fee of two dollars and twenty-five cents for each application for registration and registration renewal notice the deputy registrar receives, which shall be for the purpose of compensating the deputy registrar for the deputy registrar's deputy's services, and such office and rental expenses, as may be necessary for the proper discharge of the deputy registrar's deputy's duties in the receiving of applications and renewal notices and the issuing of licenses.

(E) Upon the certification of the registrar, the county sheriff or local police officials shall recover license plates erroneously or fraudulently issued.

(F) Each deputy registrar, upon receipt of any application for registration or registration renewal notice, together with the license fee and any, township motor vehicle license tax, local motor vehicle license tax levied pursuant to Chapter 4504. of the Revised Code, shall transmit that fee and tax, if any, in the manner provided in this section, together with the original and duplicate copy of the application, to the registrar. The registrar, subject to the approval of the director of public safety, may deposit the funds collected by those deputies in a local bank or depository to the credit of the "state of Ohio, bureau of motor vehicles." Where a local bank or depository has been designated by the registrar, each deputy registrar shall deposit all moneys collected by the deputy registrar into that bank or depository not more than one business day after their collection and shall make reports to the registrar of the amounts so deposited, together with any other information, some of which may be prescribed by the treasurer of state, as the registrar may require and as prescribed by the registrar by rule. The registrar, within three days after receipt of notification of the deposit of funds by a deputy registrar in a local bank or depository, shall draw on that account in favor of the treasurer of state. The registrar, subject to the approval of the director and the treasurer of state, may make reasonable rules necessary for the prompt transmittal of fees and for safeguarding the interests of the state and of counties, townships, and municipal corporations, AND TRANSPORTATION IMPROVEMENT DISTRICTS levying county or township motor vehicle license taxes, township motor vehicle license taxes, or municipal LOCAL motor vehicle license taxes. The registrar may pay service charges usually collected by banks and depositories for such service. If deputy registrars are located in communities where banking facilities are not available, they shall transmit the fees forthwith, by money order or otherwise, as the registrar, by rule approved by the director and the treasurer of state, may prescribe. The registrar may pay the usual and customary fees for such service.

(G) This section does not prevent any person from making an application for a motor vehicle license directly to the registrar upon payment of a two dollars and twenty-five cents service fee for each application. Each deputy registrar shall retain in the deputy registrar's deputy's office a copy of each application the deputy registrar receives for a period of three registration years. This copy shall be for public examination, but no person may make copies thereof for sale or distribution.

(H) No person shall make a false statement as to the district of registration in an application required by division (A) of this section. Violation of this division is falsification under section 2921.13 of the Revised Code and punishable as specified in that section.

(I)(1) Where applicable, the requirements of division (B) of this section relating to the presentation of an inspection certificate issued under section 3704.14 of the Revised Code and rules adopted under it for a motor vehicle, the refusal of a license for failure to present an inspection certificate, and the stamping of the inspection certificate by the official issuing the certificate of registration apply to the registration of and issuance of license plates for a motor vehicle under sections 4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, 4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, 4503.47, and 4503.51 of the Revised Code.

(2)(a) The registrar shall adopt rules ensuring that each owner registering a motor vehicle in a county where a motor vehicle inspection and maintenance program is in effect under section 3704.14 of the Revised Code and rules adopted under it receives information about the requirements established in that section and those rules and about the need in those counties to present an inspection certificate with an application for registration or preregistration.

(b) Upon request, the registrar shall provide the director of environmental protection, or any person that has been awarded a contract under division (D) of section 3704.14 of the Revised Code, an on-line computer data link to registration information for all passenger cars, noncommercial motor vehicles, and commercial cars that are subject to that section. The registrar also shall provide to the director of environmental protection a magnetic data tape containing registration information regarding passenger cars, noncommercial motor vehicles, and commercial cars for which a multi-year registration is in effect under section 4503.103 of the Revised Code or rules adopted under it, including, without limitation, the date of issuance of the multi-year registration, the registration deadline established under rules adopted under section 4503.101 of the Revised Code that was applicable in the year in which the multi-year registration was issued, and the registration deadline for renewal of the multi-year registration.

(J) Application for registration under the international registration plan, as set forth in sections 4503.60 to 4503.66 of the Revised Code, shall be made to the registrar on forms furnished by the registrar. In accordance with international registration plan guidelines and pursuant to rules adopted by the registrar, the forms shall include the following:

(1) A uniform mileage schedule;

(2) The gross vehicle weight of the vehicle or combined gross vehicle weight of the combination vehicle as declared by the registrant;

(3) Any other information the registrar requires by rule.

Sec. 4503.102. (A) The registrar of motor vehicles shall adopt rules to establish a centralized system of motor vehicle registration renewal by mail. Any person owning a motor vehicle that was registered in his THE PERSON'S name during the preceding registration year shall renew the registration of the motor vehicle either by mail through the centralized system of registration established under this section or in person at a deputy registrar's office.

(B)(1) No less than forty-five days prior to the expiration date of any motor vehicle registration, the registrar shall mail a renewal notice to the person in whose name the motor vehicle is registered. The renewal notice shall clearly state that the registration of the motor vehicle may be renewed by mail through the centralized system of registration or in person at a deputy registrar's office and shall be preprinted with information including, but not limited to, the owner's name and residence address as shown in the records of the bureau of motor vehicles, a brief description of the motor vehicle to be registered, notice of the license taxes and fees due on the motor vehicle, the toll-free telephone number of the registrar as required under division (D)(1) of section 4503.031 of the Revised Code, and any additional information the registrar may require by rule. The renewal notice shall be sent by regular mail to the owner's last known address as shown in the records of the bureau of motor vehicles.

(2) If the application for renewal of the registration of a motor vehicle is prohibited from being accepted by the registrar or a deputy registrar by division (D) of section 2935.27, division (A) of section 2937.221, DIVISION (A) OF SECTION 4503.13, division (B) of section 4507.168, or division (B)(1) of section 4521.10 of the Revised Code, the registrar is not required to send a renewal notice to the vehicle owner or vehicle lessee.

(C) The owner of the motor vehicle shall verify the information contained in the notice, sign it, and return it, in person to a deputy registrar or by mail to the registrar, together with a credit card number, when permitted by rule of the registrar, check, or money order in the amount of the registration taxes and fees payable on the motor vehicle and a mail fee of two dollars and twenty-five cents plus postage as indicated on the notice, if the registration is renewed by mail, and an inspection certificate for the motor vehicle as provided in section 3704.14 of the Revised Code.

(D) If all registration and transfer fees for the motor vehicle for the preceding year or the preceding period of the current registration year have not been paid, if division (D) of section 2935.27, division (A) of section 2937.221, DIVISION (A) OF SECTION 4503.13, division (B) of section 4507.168, or division (B)(1) of section 4521.10 of the Revised Code prohibits acceptance of the renewal notice, or if the owner or lessee does not have an inspection certificate for the motor vehicle as provided in section 3704.14 of the Revised Code, if that section is applicable, the license shall be refused and the registrar or deputy registrar shall so notify the owner. This section does not require the payment of license or registration taxes on a motor vehicle for any preceding year, or for any preceding period of a year, if the motor vehicle was not taxable for that preceding year or period under section 4503.02, 4503.04, 4503.11, 4503.12, or 4503.16 or Chapter 4504. of the Revised Code.

(E)(1) Failure to receive a renewal notice does not relieve a motor vehicle owner from the responsibility to renew the registration for the motor vehicle. Any person who has a motor vehicle registered in this state and who does not receive a renewal notice as provided in division (B) of this section prior to the expiration date of the registration shall request an application for registration from the registrar or a deputy registrar and return the signed application and any applicable license taxes and fees to the registrar or deputy registrar.

(2) If the owner of a motor vehicle submits an application for registration and the registrar is prohibited by division (D) of section 2935.27, division (A) of section 2937.221, DIVISION (A) OF SECTION 4503.13, division (B) of section 4507.168, or division (B)(1) of section 4521.10 of the Revised Code from accepting the application, the registrar shall return the application and the payment to the owner and also shall include an explanatory notice as described in division (B)(2) of this section.

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

(G) The two dollars and twenty-five cents fee, plus postage and any credit card surcharge collected by the registrar for registration by mail, shall be paid to the credit of the central registration fund established by section 4501.14 of the Revised Code.

(H) No later than January 1, 1991, the registrar shall implement the initial phase of a credit card payment program permitting payment of motor vehicle renewal registration taxes and fees by means of a credit card when such renewal is made by mail. No later than January 1, 1993, the registrar shall implement the final phase of the credit card payment program permitting payment of motor vehicle registration taxes and fees, driver's license and commercial driver's license fees, and any other taxes, fees, or charges imposed or levied by the state relating to such registrations and licenses that are collected by the registrar or a deputy registrar by means of a credit card when such motor vehicle registrations, license applications, or other similar state-related transactions are made in person at the office of the registrar or at a deputy registrar's office. The registrar shall adopt rules as necessary for this purpose. No deputy registrar shall accept a credit card as payment for the purchase of any goods sold by the deputy registrar and any tax imposed by Chapter 5739. of the Revised Code on the sale of such goods.

If a person uses a credit card to pay motor vehicle registration taxes or fees, license fees, or other similar taxes, fees, or charges imposed or levied by the state as provided in this section, a surcharge sufficient to pay the required service charge of the financial institution or credit card company shall be paid by the person using the credit card.

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

Sec. 4503.12. Upon the transfer of ownership of a motor vehicle, the registration of the motor vehicle expires and the original owner immediately shall remove the license plates from the motor vehicle, except that:

(A) If a statutory merger or consolidation results in the transfer of ownership of a motor vehicle from a constituent corporation to the surviving corporation, or if the incorporation of a proprietorship or partnership results in the transfer of ownership of a motor vehicle from the proprietorship or partnership to the corporation, the registration shall be continued upon the filing by the surviving or new corporation, within thirty days of such transfer, of an application for an amended certificate of registration, unless such registration is prohibited by division (D) of section 2935.27, division (A) of section 2937.221, division (B) of section 4507.168, or division (B)(1) of section 4521.10 of the Revised Code. The application shall be accompanied by a service fee of two dollars and twenty-five cents, a transfer fee of one dollar, and the original certificate of registration. Upon a proper filing, the registrar of motor vehicles shall issue an amended certificate of registration in the name of the new owner.

(B) If the death of the owner of a motor vehicle results in the transfer of ownership of the motor vehicle to the surviving spouse of the owner or if a motor vehicle is owned by two persons under joint ownership with right of survivorship established under section 2106.17 of the Revised Code and one of those persons dies, the registration shall be continued upon the filing by the surviving spouse of an application for an amended certificate of registration, unless such registration is prohibited by division (D) of section 2937.27 2935.27, division (A) of section 2937.221, DIVISION (A) OF SECTION 4503.13, division (B) of section 4507.168, or division (B)(1) of section 4521.10 of the Revised Code. The application shall be accompanied by a service fee of two dollars and twenty-five cents, a transfer fee of one dollar, the original certificate of registration, and, in relation to a motor vehicle that is owned by two persons under joint ownership with right of survivorship established under section 2106.17 of the Revised Code, by a copy of the certificate of title that specifies that the vehicle is owned under joint ownership with right of survivorship. Upon a proper filing, the registrar shall issue an amended certificate of registration in the name of the surviving spouse.

(C) If the original owner of a motor vehicle that has been transferred makes application for the registration of another motor vehicle at any time during the remainder of the registration period for which the transferred motor vehicle was registered, the owner, unless such registration is prohibited by division (D) of section 2935.27, division (A) of section 2937.221, DIVISION (A) OF SECTION 4503.13, division (E) of section 4503.234, division (B) of section 4507.168, or division (B)(1) of section 4521.10 of the Revised Code, may file an application for transfer of the registration and, where applicable, the license plates, accompanied by a service fee of two dollars and twenty-five cents, a transfer fee of one dollar, and the original certificate of registration. The transfer of the registration and, where applicable, the license plates from the motor vehicle for which they originally were issued to a succeeding motor vehicle purchased by the same person in whose name the original registration and license plates were issued shall be done within a period not to exceed thirty days. During that thirty-day period, the license plates from the motor vehicle for which they originally were issued may be displayed on the succeeding motor vehicle, and the succeeding motor vehicle may be operated on the public roads and highways in this state.

At the time of application for transfer, the registrar shall compute and collect the amount of tax due on the succeeding motor vehicle, based upon the amount that would be due on a new registration as of the date on which the transfer is made less a credit for the unused portion of the original registration beginning on that date. If the credit exceeds the amount of tax due on the new registration, no refund shall be made. In computing the amount of tax due and credits to be allowed under this division, the provisions of division (B) of section 4503.11 of the Revised Code shall apply. As to passenger cars, noncommercial vehicles, motor homes, and motorcycles, transfers within or between these classes of motor vehicles only shall be allowed. If the succeeding motor vehicle is of a different class than the motor vehicle for which the registration originally was issued, new license plates also shall be issued upon the surrender of the license plates originally issued and payment of the fees provided in divisions (C) and (D) of section 4503.10 of the Revised Code.

(D) The owner of a commercial car having a gross vehicle weight or combined gross vehicle weight of more than ten thousand pounds may transfer the registration of that commercial car to another commercial car the owner owns without transferring ownership of the first commercial car, unless registration of the second commercial car is prohibited by division (D) of section 2935.27, division (A) of section 2937.221, DIVISION (A) OF SECTION 4503.13, division (B) of section 4507.168, or division (B)(1) of section 4521.10 of the Revised Code. At any time during the remainder of the registration period for which the first commercial car was registered, the owner may file an application for the transfer of the registration and, where applicable, the license plates, accompanied by a service fee of two dollars and twenty-five cents, a transfer fee of one dollar, and the certificate of registration of the first commercial car. The amount of any tax due or credit to be allowed for a transfer of registration under this division shall be computed in accordance with division (C) of this section.

No commercial car to which a registration is transferred under this division shall be operated on a public road or highway in this state until after the transfer of registration is completed in accordance with this division.

(E) Upon application to the registrar or a deputy registrar, a person who owns or leases a motor vehicle may transfer special license plates assigned to that vehicle to any other vehicle that the person owns or leases or that is owned or leased by the person's spouse. The application shall be accompanied by a service fee of two dollars and twenty-five cents, a transfer fee of one dollar, and the original certificate of registration. As appropriate, the application also shall be accompanied by a power of attorney for the registration of a leased vehicle and a written statement releasing the special plates to the applicant. Upon a proper filing, the registrar or deputy registrar shall assign the special license plates to the motor vehicle owned or leased by the applicant and issue a new certificate of registration for that motor vehicle.

As used in division (E) of this section, "special license plates" means either of the following:

(1) Any license plates for which the person to whom the license plates are issued must pay an additional fee in excess of the fees prescribed in section 4503.04 of the Revised Code, Chapter 4504. of the Revised Code, and the service fee prescribed in division (D) or (G) of section 4503.10 of the Revised Code;

(2) License plates issued under section 4503.44 of the Revised Code.

Sec. 4503.13. (A) A MUNICIPAL COURT OR COUNTY COURT, AT THE COURT'S DISCRETION, MAY ORDER THE CLERK OF THE COURT TO SEND TO THE REGISTRAR OF MOTOR VEHICLES A REPORT CONTAINING THE NAME, ADDRESS, AND SUCH OTHER INFORMATION AS THE REGISTRAR MAY REQUIRE BY RULE, OF ANY PERSON FOR WHOM AN ARREST WARRANT HAS BEEN ISSUED BY THAT COURT AND IS OUTSTANDING.

UPON RECEIPT OF SUCH A REPORT, THE REGISTRAR SHALL ENTER THE INFORMATION CONTAINED IN THE REPORT INTO THE RECORDS OF THE BUREAU OF MOTOR VEHICLES, AND NEITHER THE REGISTRAR NOR ANY DEPUTY REGISTRAR SHALL ISSUE A CERTIFICATE OF REGISTRATION FOR A MOTOR VEHICLE IN THE NAME OF THE PERSON WHO IS NAMED IN THE REPORT UNTIL THE REGISTRAR RECEIVES NOTIFICATION FROM THE MUNICIPAL COURT OR COUNTY COURT THAT THERE ARE NO OUTSTANDING ARREST WARRANTS IN THE NAME OF THE PERSON. THE REGISTRAR ALSO SHALL SEND A NOTICE TO THE PERSON WHO IS NAMED IN THE REPORT, VIA REGULAR FIRST CLASS MAIL SENT TO THE PERSON'S LAST KNOWN ADDRESS AS SHOWN IN THE RECORDS OF THE BUREAU, INFORMING THE PERSON THAT NEITHER THE REGISTRAR NOR ANY DEPUTY REGISTRAR IS PERMITTED TO ISSUE A CERTIFICATE OF REGISTRATION FOR A MOTOR VEHICLE IN THE NAME OF THE PERSON UNTIL THE REGISTRAR RECEIVES NOTIFICATION THAT THERE ARE NO OUTSTANDING ARREST WARRANTS IN THE NAME OF THE PERSON.

(B) A CLERK WHO REPORTS AN OUTSTANDING ARREST WARRANT IN ACCORDANCE WITH DIVISION (A) OF THIS SECTION IMMEDIATELY SHALL NOTIFY THE REGISTRAR WHEN THE WARRANT HAS BEEN EXECUTED AND RETURNED TO THE ISSUING COURT OR HAS BEEN CANCELED. THE CLERK SHALL CHARGE AND COLLECT FROM THE PERSON NAMED IN THE EXECUTED OR CANCELED ARREST WARRANT A PROCESSING FEE OF FIFTEEN DOLLARS TO COVER THE COSTS OF THE BUREAU IN ADMINISTERING THIS SECTION. THE CLERK SHALL TRANSMIT MONTHLY ALL SUCH PROCESSING FEES TO THE REGISTRAR FOR DEPOSIT INTO THE STATE BUREAU OF MOTOR VEHICLES FUND CREATED BY SECTION 4501.25 of the Revised Code.

UPON RECEIPT OF SUCH NOTIFICATION, THE REGISTRAR SHALL CAUSE THE REPORT OF THAT OUTSTANDING ARREST WARRANT TO BE REMOVED FROM THE RECORDS OF THE BUREAU AND, IF THERE ARE NO OTHER OUTSTANDING ARREST WARRANTS ISSUED BY A MUNICIPAL COURT OR COUNTY COURT IN THE NAME OF THE PERSON AND THE PERSON OTHERWISE IS ELIGIBLE TO BE ISSUED A CERTIFICATE OF REGISTRATION FOR A MOTOR VEHICLE, THE REGISTRAR OR A DEPUTY REGISTRAR MAY ISSUE A CERTIFICATE OF REGISTRATION FOR A MOTOR VEHICLE IN THE NAME OF THE PERSON NAMED IN THE EXECUTED OR CANCELED ARREST WARRANT.

(C) NEITHER THE REGISTRAR, ANY EMPLOYEE OF THE BUREAU, A DEPUTY REGISTRAR, NOR ANY EMPLOYEE OF A DEPUTY REGISTRAR IS PERSONALLY LIABLE FOR DAMAGES OR INJURIES RESULTING FROM ANY ERROR MADE BY A CLERK IN ENTERING INFORMATION CONTAINED IN A REPORT SUBMITTED TO THE REGISTRAR UNDER THIS SECTION.

(D) ANY INFORMATION SUBMITTED TO THE REGISTRAR BY A CLERK UNDER THIS SECTION SHALL BE TRANSMITTED BY MEANS OF AN ELECTRONIC DATA TRANSFER SYSTEM.

Sec. 4507.08. No driver's license shall be issued to any person under eighteen years of age, except that a probationary license may be issued to a person over sixteen years of age and a restricted license may be issued to a person who is fourteen or fifteen years of age upon proof of hardship satisfactory to the registrar of motor vehicles. No probationary license shall be issued to any person under the age of eighteen who has been adjudicated an unruly or delinquent child or a juvenile traffic offender for having committed any act that if committed by an adult would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, a violation of division (B) of section 2917.11, or a violation of division (A) of section 4511.19 of the Revised Code, unless the person has been required by the court to attend a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court and has satisfactorily completed the program.

No temporary instruction permit or driver's license shall be issued to any person whose license has been suspended, during the period for which the license was suspended, nor to any person whose license has been revoked, under sections 4507.01 to 4507.39 of the Revised Code, until the expiration of one year after the license was revoked.

No temporary instruction permit or driver's license shall be issued to any person whose commercial driver's license is suspended under section 1905.201, 2301.374, 4507.16, 4507.34, 4507.99, 4511.191, or 4511.196 of the Revised Code or under any other provision of the Revised Code during the period of the suspension.

NO TEMPORARY INSTRUCTION PERMIT OR DRIVER'S LICENSE SHALL BE ISSUED TO ANY PERSON WHEN ISSUANCE IS PROHIBITED BY DIVISION (A) OF SECTION 4507.091 of the Revised Code.

No temporary instruction permit or driver's license shall be issued to, or retained by:

(A) Any person who is an alcoholic, or is addicted to the use of controlled substances to the extent that the use constitutes an impairment to the person's ability to operate a motor vehicle with the required degree of safety;

(B) Any person who is under the age of eighteen and has been adjudicated an unruly or delinquent child or a juvenile traffic offender for having committed any act that if committed by an adult would be a drug abuse offense, as defined in section 2925.01 of the Revised Code, a violation of division (B) of section 2917.11, or a violation of division (A) of section 4511.19 of the Revised Code, unless the person has been required by the court to attend a drug abuse or alcohol abuse education, intervention, or treatment program specified by the court and has satisfactorily completed the program;

(C) Any person who, in the opinion of the registrar, is afflicted with or suffering from a physical or mental disability or disease that prevents the person from exercising reasonable and ordinary control over a motor vehicle while operating the vehicle upon the highways, except that a restricted license effective for six months may be issued to any person otherwise qualified who is or has been subject to any condition resulting in episodic impairment of consciousness or loss of muscular control and whose condition, in the opinion of the registrar, is dormant or is sufficiently under medical control that the person is capable of exercising reasonable and ordinary control over a motor vehicle. A restricted license effective for six months shall be issued to any person who is otherwise qualified who is subject to any condition which THAT causes episodic impairment of consciousness or a loss of muscular control if the person presents a statement from a licensed physician that the person's condition is under effective medical control and the period of time for which the control has been continuously maintained, unless, thereafter, a medical examination is ordered and, pursuant thereto, cause for denial is found.

A person to whom a six-month restricted license has been issued shall give notice of the person's medical condition to the registrar on forms provided by the registrar and signed by the licensee's physician. The notice shall be sent to the registrar six months after the issuance of the license. Subsequent restricted licenses issued to the same individual shall be effective for six months.

(D) Any person who is unable to understand highway warnings or traffic signs or directions given in the English language;

(E) Any person making an application whose driver's license or driving privileges are under revocation or suspension in the jurisdiction where issued or any other jurisdiction, until the expiration of one year after the license was revoked or until the period of suspension ends. Any person whose application is denied under this division may file a petition in the municipal court or county court in whose jurisdiction the person resides agreeing to pay the cost of the proceedings and alleging that the conduct involved in the offense that resulted in suspension or revocation in the foreign jurisdiction would not have resulted in a suspension or revocation had the offense occurred in this state. If the petition is granted, petitioner shall notify the registrar of motor vehicles by a certified copy of the court's findings and a license shall not be denied under this division;.

(F) Any person whose driver's or commercial driver's license or permit has been permanently revoked pursuant to division (C) of section 4507.16 of the Revised Code.

Sec. 4507.09. (A) Except as provided in division (B) of this section, every driver's license expires on the birthday of the applicant in the fourth year after the date it is issued, but in no event shall any such license be issued for a period longer than four years.

Subject to the requirements of section 4507.12 of the Revised Code, every driver's license is renewable within sixty days prior to its expiration upon payment of the fees as required by law, except that any license of an Ohio resident who will be temporarily out-of-state is renewable at any time prior to its expiration. No refund shall be made or credit given for the unexpired portion of the driver's license that is renewed. The registrar of motor vehicles shall notify each person whose driver's license has expired within forty-five days after the date of expiration. Notification shall be made by regular mail sent to the person's last known address as shown in the records of the bureau of motor vehicles. Failure to provide such notification shall not be construed as a renewal or extension of any license. The registrar may issue rules permitting the use and display of drivers' licenses at any time not to exceed sixty days prior to the next succeeding birthday of the applicant. For the purposes of this section, the date of birth of any applicant born on the twenty-ninth day of February shall be deemed to be the first day of March in any year in which there is no twenty-ninth day of February.

The registrar may require an application for license renewal submitted by a resident who will be temporarily out-of-state to be accompanied by an affidavit, in a form prescribed by the registrar, certifying that the resident will be temporarily out-of-state at the time the resident's license will expire.

(B) Every driver's license or renewal of a driver's license issued to an applicant who is sixteen years of age or older, but less than twenty-one years of age, expires on the twenty-first birthday of the applicant.

(C) Each person licensed as a driver under this chapter shall notify the registrar of any change in the person's address within ten days following that change. The notification shall be in writing on a form provided by the registrar and shall include the full name, date of birth, license number, county of residence, social security number, and new address of the person.

(D) NO DRIVER'S LICENSE SHALL BE RENEWED WHEN RENEWAL IS PROHIBITED BY DIVISION (A) OF SECTION 4507.091 OF THE REVISED CODE.

Sec. 4507.091. (A) A MUNICIPAL COURT OR COUNTY COURT, AT THE COURT'S DISCRETION, MAY ORDER THE CLERK OF THE COURT TO SEND TO THE REGISTRAR OF MOTOR VEHICLES A REPORT CONTAINING THE NAME, ADDRESS, AND SUCH OTHER INFORMATION AS THE REGISTRAR MAY REQUIRE BY RULE, OF ANY PERSON FOR WHOM AN ARREST WARRANT HAS BEEN ISSUED BY THAT COURT AND IS OUTSTANDING.

UPON RECEIPT OF SUCH A REPORT, THE REGISTRAR SHALL ENTER THE INFORMATION CONTAINED IN THE REPORT INTO THE RECORDS OF THE BUREAU OF MOTOR VEHICLES, AND NEITHER THE REGISTRAR NOR ANY DEPUTY REGISTRAR SHALL ISSUE A TEMPORARY INSTRUCTION PERMIT OR DRIVER'S OR COMMERCIAL DRIVER'S LICENSE TO THE PERSON NAMED IN THE REPORT, OR RENEW THE DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OF SUCH PERSON, UNTIL THE REGISTRAR RECEIVES NOTIFICATION FROM THE MUNICIPAL COURT OR COUNTY COURT THAT THERE ARE NO OUTSTANDING ARREST WARRANTS IN THE NAME OF THE PERSON. THE REGISTRAR ALSO SHALL SEND A NOTICE TO THE PERSON WHO IS NAMED IN THE REPORT, VIA REGULAR FIRST CLASS MAIL SENT TO THE PERSON'S LAST KNOWN ADDRESS AS SHOWN IN THE RECORDS OF THE BUREAU, INFORMING THE PERSON THAT NEITHER THE REGISTRAR NOR ANY DEPUTY REGISTRAR IS PERMITTED TO ISSUE A TEMPORARY INSTRUCTION PERMIT OR DRIVER'S OR COMMERCIAL DRIVER'S LICENSE TO THE PERSON, OR RENEW THE DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OF THE PERSON, UNTIL THE REGISTRAR RECEIVES NOTIFICATION THAT THERE ARE NO OUTSTANDING ARREST WARRANTS IN THE NAME OF THE PERSON.

(B) A CLERK WHO REPORTS AN OUTSTANDING ARREST WARRANT IN ACCORDANCE WITH DIVISION (A) OF THIS SECTION IMMEDIATELY SHALL NOTIFY THE REGISTRAR WHEN THE WARRANT HAS BEEN EXECUTED AND RETURNED TO THE ISSUING COURT OR HAS BEEN CANCELED. THE CLERK SHALL CHARGE AND COLLECT FROM THE PERSON NAMED IN THE EXECUTED OR CANCELED ARREST WARRANT A PROCESSING FEE OF FIFTEEN DOLLARS TO COVER THE COSTS OF THE BUREAU IN ADMINISTERING THIS SECTION. THE CLERK SHALL TRANSMIT MONTHLY ALL SUCH PROCESSING FEES TO THE REGISTRAR FOR DEPOSIT INTO THE STATE BUREAU OF MOTOR VEHICLES FUND CREATED BY SECTION 4501.25 of the Revised Code.

UPON RECEIPT OF SUCH NOTIFICATION, THE REGISTRAR SHALL CAUSE THE REPORT OF THAT OUTSTANDING ARREST WARRANT TO BE REMOVED FROM THE RECORDS OF THE BUREAU AND, IF THERE ARE NO OTHER OUTSTANDING ARREST WARRANTS ISSUED BY A MUNICIPAL COURT OR COUNTY COURT IN THE NAME OF THE PERSON AND THE PERSON OTHERWISE IS ELIGIBLE TO BE ISSUED A DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OR TO HAVE SUCH A LICENSE RENEWED, THE REGISTRAR OR A DEPUTY REGISTRAR MAY ISSUE A DRIVER'S LICENSE OR COMMERCIAL DRIVER'S LICENSE TO THE PERSON NAMED IN THE EXECUTED OR CANCELED ARREST WARRANT, OR RENEW THE DRIVER'S OR COMMERCIAL DRIVER'S LICENSE OF SUCH PERSON.

(C) NEITHER THE REGISTRAR, ANY EMPLOYEE OF THE BUREAU, A DEPUTY REGISTRAR, NOR ANY EMPLOYEE OF A DEPUTY REGISTRAR IS PERSONALLY LIABLE FOR DAMAGES OR INJURIES RESULTING FROM ANY ERROR MADE BY A CLERK IN ENTERING INFORMATION CONTAINED IN A REPORT SUBMITTED TO THE REGISTRAR UNDER THIS SECTION.

(D) ANY INFORMATION SUBMITTED TO THE REGISTRAR BY A CLERK UNDER THIS SECTION SHALL BE TRANSMITTED BY MEANS OF AN ELECTRONIC DATA TRANSFER SYSTEM.


Section 2. That existing sections 4503.10, 4503.102, 4503.12, 4507.08, and 4507.09 of the Revised Code are hereby repealed.


Section 3. Sections 1 and 2 of this act shall take effect six months after the effective date of this act.


Section 4. Section 4503.10 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 353 and Am. Sub. S.B. 121 of the 121st General Assembly, with the new language of neither of the acts shown in capital letters. Section 4503.12 of the Revised Code is presented in this act as a composite of the section as amended by both Am. Sub. H.B. 353 and Am. Sub. S.B. 121 of the 121st General Assembly, with the new language of neither of the acts shown in capital letters. This is in recognition of the principle stated in division (B) of section 1.52 of the Revised Code that such amendments are to be harmonized where not substantively irreconcilable and constitutes a legislative finding that such is the resulting version in effect prior to the effective date of this act.
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