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H. B. No. 308 As IntroducedAs Introduced
127th General Assembly | Regular Session | 2007-2008 |
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Representatives Domenick, Combs
Cosponsors:
Representatives Seitz, Mallory, Webster
A BILL
To amend sections 3333.31, 4507.01, 4507.06, 4507.09,
4507.50, 4507.51, and 4507.52 and to enact
sections 8.01 to 8.10, 4507.092, and 5747.027 of
the Revised Code to require in specified
situations the verification of immigration status
of persons who are not United States citizens, to
impose state income taxes at a rate of six per
cent per annum on the compensation of specified
independent contractors who fail to document such
verification, and to restrict the employment,
transport, post-secondary education benefits,
driver's licenses and identification cards, and
receipt of public benefits of persons who are not
legal residents of the United States.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 3333.31, 4507.01, 4507.06, 4507.09,
4507.50, 4507.51, and 4507.52 be amended and sections 8.01, 8.02,
8.03, 8.04, 8.05, 8.06, 8.07, 8.08, 8.09, 8.10, 4507.092, and
5747.027 of the Revised Code be enacted to read as follows:
Sec. 8.01. As used in any section of the Revised Code:
(A) "Alien" means a person who is not a United States citizen
or a United States national.
(B) "Illegal alien" means an alien who is deportable if
apprehended because of one of the following:
(1) The alien entered the United States illegally without the
proper authorization and documents.
(2) The alien once entered the United States legally and has
since violated the terms of the status under which the alien
entered the United States, making that alien an "out of status"
alien.
(3) The alien once entered the United States legally but has
overstayed the time limits of the original legal status.
(C) "Immigrant" and "legal permanent resident alien" mean an
alien who has been granted the right
by the United States bureau
of citizenship and immigration
services to reside permanently in
the United States and to work
without restrictions in the United
States.
(D) "Nonimmigrant" and "legal resident alien" mean an alien
who has been granted the
right by the United States bureau of
citizenship and immigration
services to reside temporarily in the
United States and the period of that temporary residence has not
expired.
(E) "Public employer" means any department, agency, or
instrumentality of the state or a political subdivision of the
state.
(F) "Status verification system" means any electronic system
the federal government operates to enable a person to verify or
ascertain the citizenship or immigration status of any individual.
"Status verification system" includes all of the following:
(1) The electronic verification of work authorization program
known as the "basic pilot program," 8 U.S.C. 1324a, operated by
the
United States department of homeland security, and any
equivalent
federal program that the United States department of
homeland
security or other federal agency designates to verify
the work
eligibility status of newly hired employees, pursuant to
the
"Immigration Reform and Control Act of 1986," P. Law 99-603,
100
Stat. 3360.
(2) Any independent, third-party system with an equal or
higher degree of reliability as the programs, systems, or
processes described division (A)(1) of this section.
(3) The social security number verification service, or any
similar online verification process the United States social
security administration operates.
(G) "Subcontractor" means a subcontractor, contract employee,
staffing agency, or any contractor regardless of its tier.
(H) "Unauthorized alien" means an alien who is not authorized
to be employed as determined in accordance with section 101(a) of
the "Immigration Reform and Control Act of 1986," 100 Stat. 3360,
8 U.S.C. 1324a.
Sec. 8.02. (A) No person shall transport, move, or attempt to
transport in this state any illegal alien, knowing or acting in
reckless disregard of the fact that the alien has come to,
entered, or remained in the United States in violation of law, or
in furtherance of the illegal presence of the alien in the United
States.
(B) No person knowingly shall conceal or shelter from
detection any illegal alien in any place within this state,
including any building or means of transportation, knowing or in
reckless disregard of the fact that the alien has come to,
entered, or remained in the United States in violation of law.
(C) Nothing in this section shall be construed in a manner to
prohibit or restrict any state or local public benefit described
in 8 U.S.C. 1621(b), or any public health service that a private
charity provides with private funds.
(D) A violation of division (A) or (B) of this section is
punishable by imprisonment for not less than one year or by a fine
of not less than one thousand dollars, or both.
Sec. 8.03. (A) Every entity that operates a jail in this
state shall designate an official, who may be a jail keeper,
sheriff, or other person the entity designates, to act on its
behalf in carrying out this section.
(B) When a person charged with a felony or with driving under
the influence is confined in a jail for any period of time, the
official designated pursuant to division (A) of this section shall
make a reasonable effort to determine the citizenship status of
the confined person.
(C) If the designated official determines that the confined
person is an alien, the official shall make a reasonable effort to
verify that the person has been lawfully admitted to the United
States and that any lawful status has not expired. If the official
cannot verify the person's lawful status based on documents in the
person's possession, the official shall within forty-eight hours
make a query to the law enforcement support center of the United
States department of homeland security or other office or agency
that the United States department of homeland security designates
for that purpose. If the official cannot verify the lawful
immigration status of the confined person based on that query, the
official shall notify the United States department of homeland
security.
(D) "Jail" has the same meaning as in section 2929.01 of the
Revised Code.
Sec. 8.04. When any judge or court determines the matter of a
grant or issuance of bond, it is a rebuttable presumption that a
person who is an illegal alien is at risk of flight.
Sec. 8.05. (A) Every public employer shall register with a
status verification system and use that system to verify the
employment authorization status of all new employees.
(B)(1) After July 1, 2008, no public employer shall enter
into a contract for the physical performance of services within
this state unless the contractor registers and participates in a
status verification system.
(2) After July 1, 2008, no contractor or subcontractor shall
enter into any contract to provide a public employer with the
physical performance of services in this state unless the
contractor or subcontractor registers and participates in a status
verification system to verify information of all new employees.
(3) This division does not apply to any contract entered into
prior to the effective date of this section even if the service or
labor is performed after July 1, 2008.
(C) The director of commerce shall adopt rules pursuant to
Chapter 119. of the Revised Code under which the director
administers sections 8.05 to 8.07 of the Revised Code.
Sec. 8.06. (A) Any individual who acts as an independent
contractor and contracts to provide the physical performance of
services in this state shall document the employment authorization
of persons who perform labor for that independent contractor.
(B) If a contractor fails to provide the contracting entity
with documentation of employment authorization as division (A) of
this section requires, the contracting entity shall withhold from
that contractor's compensation an amount for state income taxes at
the rate of six per cent of the total amount of compensation paid
to the contractor. The Ohio income taxes imposed on any such
compensation shall be computed pursuant to section 5747.027 of the
Revised Code.
(C) Any contracting entity that fails to comply with the
withholding division (B) of this section requires is liable for
the income taxes imposed pursuant to that section unless the
contracting entity is exempt from federal withholding with respect
to the contractor pursuant to a properly filed internal revenue
service form 8233 or its equivalent.
(D) Nothing in this section shall be construed as creating an
employer-employee relationship between a contracting entity and an
individual independent contractor.
Sec. 8.07. (A) No employer shall discharge an employee who is
a United States citizen or legal permanent resident alien while
that employer retains an employee whom the employer knows, or
reasonably should have known, is an unauthorized alien hired after
July 1, 2008 and who works for the employer in a job category
that, as defined by 29 U.S.C. 206(d)(1), requires equal skill,
effort, and responsibility and is performed under similar working
conditions as the job category of the discharged employee.
(B) An employer is exempt from liability, investigation, or
suit arising from any action under this division if on the date of
a discharge that is alleged to violate division (A) of this
section, the employer was enrolled in and used a status
verification system to verify the employment eligibility of its
employees.
(C) A violation of this section does not give rise to any
cause of action except as provided in this section.
Sec. 8.08. (A) No individual fourteen years of age or older
shall qualify for a public assistance program a state agency or
political subdivision administers unless the individual or another
individual on that person's behalf verifies that the individual is
a United States citizen or meets the program's requirements
concerning alien status.
(B)(1) Any agency or political subdivision that provides
local or state public benefits shall require that any applicant
for those benefits execute, under penalty of perjury, an affidavit
the agency or political subdivision provides. In the affidavit,
the applicant shall affirm that the applicant is a United States
citizen or an alien qualified to receive the public benefit under
the federal immigration and nationality act, and that the person
is lawfully present in the United States.
(2) The agency or political subdivision providing the public
benefits shall provide notary public services at no cost to the
applicant.
(C) Any agency or political subdivision that provides state
or local public benefits shall use the "Systematic Alien
Verification for Entitlements" (SAVE) program operated by the
United States department of homeland security, or an equivalent
program the department designates, to verify the eligibility of
any applicant who executes the affidavit division (B) of this
section describes. Until the agency receives verification of
eligibility, the affidavit is presumed to be proof of lawful
presence for the purpose of receiving the public benefit.
(D) Agencies and political subdivisions of this state may
adopt any variation to the requirements of this section if the
variation demonstrably improves the efficiency or reduces delay in
the verification process, or enables the adjudication of unique
individual circumstances where the verification procedures in this
section would impose unusual hardship on a legal resident.
(E) Divisions (A) to (C) of this section do not apply to any
of the following:
(1) Any purpose for which lawful presence in the United
States is not restricted by law, ordinance, or regulation;
(2) Assistance for health care items and services that are
necessary for treating an emergency medical condition as defined
in 42 U.S.C. 1396b(v)(3) and that are not related to an organ
transplant procedure;
(3) Short-term, non-cash, in-kind emergency disaster relief;
(4) Public health assistance for immunizations with respect
to diseases and for testing and treatment of symptoms of
communicable diseases whether or not such symptoms are caused by a
communicable disease;
(5) Programs, services, or assistance such as soup kitchens,
crisis counseling and intervention, and short-term shelter,
provided through public and private nonprofit agencies that do not
condition the provision of assistance, the amount of assistance,
or the cost of assistance on the income or resources of the
individual recipient, and the program, service, or assistance is
necessary for the protection of life or safety, including programs
the United States attorney general specifies.
(F) Any person who knowingly and willfully makes a false,
fictitious, or fraudulent statement or representation in an
affidavit executed pursuant to division (B) of this section is
subject to criminal penalties for fraudulently obtaining public
assistance program benefits. If the affidavit constitutes a false
claim of U.S. citizenship under 18 U.S.C. 911, the agency shall
file a complaint with the United States attorney general.
(G) No agency or political subdivision shall provide any
state, local, or federal benefit, as defined in 8 U.S.C. 1621 and
8 U.S.C. 1611, in violation of this section.
Sec. 8.09. (A) Any agency that administers a program of state
or local public benefits annually shall report its compliance with
this section to the governor, the president of the senate, and the
speaker of the house of representatives.
(B) Each agency shall monitor the systematic alien
verification for entitlements program for application verification
errors and significant delays. The agency annually shall report to
the United States department of homeland security any errors or
significant delays it encounters and make any recommendation it
deems appropriate to ensure that the program does not erroneously
deny benefits to legal residents of this state.
Sec. 8.10. (A) No institution of higher education shall
provide any postsecondary education benefit, including, but not
limited to, scholarships and financial aid, grants, loans,
resident in-state tuition, or any other type of monetary
assistance to any person who is an illegal alien.
(B) This section does not apply to a student enrolled in a
degree program at a postsecondary educational institution during
the 2007-2008 school year or any prior year who received a tuition
benefit on the basis of residency status determined pursuant to
section 3333.31 of the Revised Code.
(C) Any benefit a public institution grants shall be made
pursuant to the procedures set forth in section 3333.31 of the
Revised Code and rules the board of regents adopts pursuant to
that section.
(D) As used in this section, "institution of higher
education" means any of the following:
(1) A state university or college as defined in division
(A)(1) of section 3345.12 of the Revised Code, community college,
state community college, university branch, or technical college;
(2) A private, nonprofit college, university or other
post-secondary institution located in this state that possesses a
certificate of authorization issued by the Ohio board of regents
pursuant to Chapter 1713. of the Revised Code;
(3) A post-secondary institution with a certificate of
registration issued by the state board of career colleges and
schools under Chapter 3332. of the Revised Code.
Sec. 3333.31. (A) For state subsidy and tuition surcharge
purposes, status as a resident of Ohio shall be defined by the
chancellor of the
Ohio board of regents by rule promulgated
pursuant to Chapter
119. of the Revised Code. No adjudication as
to the status of
any person under such rule, however, shall be
required to be made
pursuant to Chapter 119. of the Revised Code.
The term
"resident" for these purposes shall not be equated with
the
definition of that term as it is employed elsewhere under the
laws of this state and other states, and shall not carry with it
any of the legal connotations appurtenant thereto. Rather, for
such purposes, the rule promulgated under this section
shall have
the objective of excluding from treatment as residents
those who
are present in the state primarily for the purpose of
attending a
state-supported or state-assisted institution of
higher education,
and may prescribe presumptive rules, rebuttable
or conclusive, as
to such purpose based upon the source or
sources of support of the
student, residence prior to first
enrollment, evidence of
intention to remain in the state after
completion of studies, or
such other factors as the chancellor deems relevant.
(B) The rules of the chancellor for determining
student
residency shall not deny residency status to a student
who is
either a dependent child of a parent, or the spouse of a
person
who, as of the first day of a term of enrollment in an
institution
of higher education, has accepted full-time
employment and
established domicile in this state for reasons
other than gaining
the benefit of favorable tuition rates.
Documentation of full-time employment and domicile shall
include both of the following documents:
(1) A sworn statement from the employer or the employer's
representative on the letterhead of the employer or the
employer's
representative certifying that the parent or spouse of
the student
is employed full-time in Ohio;
(2) A copy of the lease under which the parent or spouse
is
the lessee and occupant of rented residential property in the
state, a copy of the closing statement on residential real
property of which the parent or spouse is the owner and occupant
in this state or, if the parent or spouse is not the lessee or
owner of the residence in which the parent or spouse has
established domicile, a
letter from the owner of the residence
certifying that the parent
or spouse resides at that residence.
Residency officers may also evaluate, in accordance with
the
chancellor's rule, requests for immediate residency status from
dependent
students whose parents are not living and whose domicile
follows
that of a legal guardian who has accepted full-time
employment
and established domicile in the state for reasons other
than
gaining the benefit of favorable tuition rates.
(C)(1) The rules of the board of regents shall require a
student who desires any benefit available only to residents of
Ohio to provide to the state institution of higher education
documentation that is evidence of citizenship or lawful
immigration status. If the student cannot provide such
documentation, the student may provide a copy of a true and
correct application or petition filed with the United States
citizenship and immigration services to legalize the student's
immigration status, or an affidavit stating that the student will
file an application to receive legal immigration status at the
earliest opportunity the student is eligible to do so but in no
case later than one year after the date on which the student
enrolls for study at the institution.
(2) Any student who files an affidavit pursuant to this
division shall present to the institution a copy of a true and
correct copy of that application or petition, which copy shall be
maintained in the institution's records for that student.
(3) Any student who complies with this division may not be
disqualified on the basis of immigration status from any
scholarships or financial aid this state provides.
(4) This division shall not be construed to impose any
additional conditions to maintain resident tuition status at a
postsecondary educational institution within this state on a
student who was enrolled in a degree program and first received
tuition status as a resident of Ohio at that institution during
the 2007-2008 school year or any prior year.
(D) "Dependent," "domicile," "institution of higher
education," and "residency officer" have the meanings ascribed in
the chancellor's rules adopted under this section.
Sec. 4507.01. (A) As used in this chapter, "motor
vehicle,"
"motorized bicycle," "state," "owner," "operator,"
"chauffeur,"
and "highways" have the same meanings as in section
4501.01 of the
Revised Code.
"Driver's license" means a class D license issued to any
person to operate a motor vehicle or motor-driven cycle, other
than a commercial motor vehicle, and includes "probationary
license," "restricted license," and any operator's or chauffeur's
license issued before January 1, 1990.
"Probationary license" means the license issued to any
person
between sixteen and eighteen years of age to operate a
motor
vehicle.
"Restricted license" means the license issued to any person
to operate a motor vehicle subject to conditions or restrictions
imposed by the registrar of motor vehicles.
"Commercial driver's license" means the license issued to a
person under Chapter 4506. of the Revised Code to operate a
commercial motor vehicle.
"Commercial motor vehicle" has the same meaning as in
section
4506.01 of the Revised Code.
"Motorized bicycle license" means the license issued under
section 4511.521 of the Revised Code to any person to operate a
motorized bicycle including a "probationary motorized bicycle
license."
"Probationary motorized bicycle license" means the license
issued under section 4511.521 of the Revised Code to any person
between fourteen and sixteen years of age to operate a motorized
bicycle.
"Identification card" means a card issued under sections
4507.50 and 4507.51 of the Revised Code.
"Resident" means a person who, in accordance with
standards
prescribed in rules adopted by the registrar, resides in this
state
on a permanent basis.
"Temporary resident" means a person who, in accordance
with
standards prescribed in rules adopted by the registrar,
resides in
this state on a temporary basis. "Temporary resident" includes any
person who is not a United States citizen, national, or legal
permanent resident alien.
(B) In the administration of this chapter and Chapter
4506.
of the Revised Code, the registrar has
the same authority as is
conferred on the registrar by section
4501.02 of the Revised Code.
Any act of an authorized deputy
registrar of motor vehicles under
direction of the registrar is
deemed the act of the registrar.
To carry out this chapter, the registrar shall appoint such
deputy registrars in each county as are necessary.
The registrar also shall provide at each place where an
application for a driver's or commercial driver's license or
identification card may be made the necessary equipment to take a
color photograph of the applicant for such license or card as
required under section 4506.11 or 4507.06 of the Revised Code,
and
to conduct the vision screenings required by section 4507.12
of
the Revised Code, and equipment to laminate licenses,
motorized
bicycle licenses, and identification cards as required
by sections
4507.13, 4507.52, and 4511.521 of the Revised Code.
The registrar shall assign one or more deputy registrars to
any driver's license examining station operated under the
supervision of the state highway patrol, whenever the registrar
considers such assignment possible. Space shall be provided in
the
driver's license examining station for any such deputy
registrar
so assigned. The deputy registrars shall
not exercise the powers
conferred by such sections upon the registrar, unless
they are
specifically authorized to exercise such powers by such
sections.
(C) No agent for any insurance company, writing automobile
insurance, shall be appointed deputy registrar, and any such
appointment is void. No deputy registrar shall in any manner
solicit any form of automobile insurance, nor in any manner
advise, suggest, or influence any licensee or applicant for
license for or against any kind or type of automobile insurance,
insurance company, or agent, nor have the deputy registrar's
office directly connected with the office of any automobile
insurance agent,
nor impart any information furnished by any
applicant for a license
or identification card to any person,
except the registrar. This
division shall not apply to any
nonprofit corporation appointed
deputy registrar.
(D) The registrar shall immediately remove a deputy
registrar
who violates the requirements of this chapter.
(E) The registrar shall periodically solicit bids and
enter
into a contract for the provision of laminating equipment
and
laminating materials to the registrar and all deputy
registrars.
The registrar shall not consider any bid that does
not provide for
the supplying of both laminating equipment and
laminating
materials. The laminating materials selected shall
contain a
security feature so that any tampering with the
laminating
material covering a license or identification card is
readily
apparent. In soliciting bids and entering into a
contract for the
provision of laminating equipment and laminating
materials, the
registrar shall observe all procedures required by
law.
Sec. 4507.06. (A)(1) Every application for a driver's
license or motorcycle operator's license or endorsement, or
duplicate of any such license or endorsement, shall be made upon
the approved form furnished by the registrar of motor vehicles
and
shall be signed by the applicant.
Every application shall state the following:
(a) The applicant's name, date of birth, social security
number if
such has been assigned, sex, general description,
including
height, weight, color of hair, and eyes, residence
address, including county of residence, duration of residence in
this state, and country of citizenship;
(b) Whether the applicant previously has been licensed as
an
operator, chauffeur, driver, commercial driver, or motorcycle
operator and, if so, when, by what state, and whether such
license
is suspended or
canceled at the present time
and, if so,
the date
of and reason for the suspension or
cancellation;
(c) Whether the applicant is now or ever has been
afflicted
with epilepsy, or whether the applicant now is
suffering from any
physical or mental disability or disease and,
if so, the nature
and extent of the disability or disease, giving
the names and
addresses of physicians then or previously in
attendance upon the
applicant;
(d) Whether an applicant for a duplicate driver's license,
or
duplicate license containing a motorcycle operator endorsement
has
pending a citation for violation of any motor vehicle law or
ordinance, a description of any such citation pending, and the
date of the citation;
(e) Whether the applicant wishes to certify willingness to
make an anatomical gift under section 2108.04 of the Revised
Code,
which shall be given no consideration in the issuance of a
license
or endorsement;
(f)
Whether the applicant
has
executed a valid durable power
of attorney for health care
pursuant to sections 1337.11 to
1337.17 of the Revised Code or
has
executed a declaration
governing the use or continuation, or
the
withholding or
withdrawal, of life-sustaining treatment
pursuant
to sections
2133.01 to 2133.15
of the Revised Code and, if the
applicant has
executed either type of instrument, whether the
applicant
wishes
the applicant's license to indicate that the
applicant has
executed the
instrument.
(2) Every applicant for a driver's license shall be
photographed in color at the time the application for the license
is made. The application shall state any additional information
that the registrar requires.
(3) If the applicant is not a United States citizen,
national, or legal permanent resident alien, the applicant shall
provide valid documentary evidence that the applicant's status has
been continued or extended by the United States citizenship and
immigration services or other authorized agency of the United
States department of homeland security.
(B) The registrar or a deputy registrar, in accordance
with
section 3503.11 of the Revised Code, shall register as an
elector
any person who applies for a driver's license or
motorcycle
operator's license or endorsement under division (A)
of this
section, or for a renewal or duplicate of the license or
endorsement, if the applicant is eligible and wishes to be
registered as an elector. The decision of an applicant whether to
register as
an elector shall be given no consideration in the
decision of whether to issue
the applicant a license or
endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance
with
section 3503.11 of the Revised Code, shall offer the
opportunity
of completing a notice of change of residence or change of name to
any
applicant for a driver's license or endorsement under division
(A) of this section, or for a renewal or duplicate of the license
or endorsement, if the applicant is a registered elector who has
changed the applicant's residence or name and has not filed such a
notice.
Sec. 4507.09. (A) Except as provided in division (B) of
this
section, every driver's license issued to a resident of this
state
expires on the
birthday
of the applicant in the fourth year
after
the date it is issued and every
driver's license issued to a
temporary resident expires in accordance with
rules adopted by the
registrar of motor vehicles. In no event shall any
license be
issued for a period
longer than four years and ninety days. Any
Subject renewal is subject to the requirements of section
4507.12 of the
Revised
Code, every.
A driver's license issued to a resident is renewable
at
any
time prior to its expiration
and any license of a temporary
resident
is nonrenewable. A nonrenewable license may be replaced
with a new license
within ninety days prior to its expiration
in
accordance with division (E) of this section. No refund
shall be
made or credit given for the unexpired portion of the any 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. 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.
(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, except that an applicant who
applies no
more than thirty days before the applicant's twenty-first birthday
shall be issued a license in accordance with division (A) of this
section.
(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.
(E) A nonrenewable license may be replaced with a new license
within ninety days prior to its expiration upon the applicant's
presentation of documentation verifying the applicant's legal
presence in the United States. A nonrenewable license expires on
the same date listed on the legal presence documentation, or on
the same date in the fourth year after the date the nonrenewable
license is issued, whichever comes first unless there is no
definite end to the applicant's authorized stay, in which case the
expiration date is one year from the issuance of the license. A
nonrenewable license
is not transferable, and the applicant may
not rely on it to
obtain a driver's license in another state.
In accordance with Chapter 119. of the Revised Code, the
registrar of motor vehicles shall adopt rules governing
nonrenewable licenses for temporary residents. At a minimum, the
rules shall include provisions specifying all of the following:
(1) That no nonrenewable license may extend beyond the
duration of the applicant's temporary residence in this state;
(2) That no nonrenewable license may be replaced by a new
license unless the applicant provides acceptable documentation of
the person's identity and of the applicant's continued
temporary
residence in this state;. If the applicant for a new license to
replace a nonrenewable license is not a United States citizen,
national, or legal permanent resident alien, the applicant shall
provide valid documentary evidence that the applicant's status has
been continued or extended by the United States citizenship and
immigration services or other authorized agency of the United
States department of homeland security.
(3) That no nonrenewable license is valid to apply for a
driver's license in any other state;
(4) That every nonrenewable license may contain any security
features that the registrar prescribes;
(5) That a nonrenewable license is the only type of license
that may be issued to a person who is not a United States citizen,
national, or legal permanent resident alien.
Sec. 4507.092. (A) The registrar of motor vehicles shall
adopt rules governing the issuance of a driver's license or
identification card to an individual who is not a United States
citizen, national, or legal permanent resident alien. The rules
shall include all of the following:
(1) No individual other than a United States citizen or
national shall receive any type of driver's license, probationary
license, or identification card unless that individual presents,
in person, valid documentary evidence of any of the following:
(a) A valid, unexpired immigrant or nonimmigrant visa status
for admission into the United States;
(b) A pending or approved application for asylum in the
United States;
(c) Admission into the United States in refugee status;
(d) A pending or approved application for temporary protected
status in the United States;
(e) Approved deferred action status;
(f) A pending application for adjustment of status to legal
permanent residence status or conditional resident status.
(2) Any person who is not a United States citizen, national,
or legal permanent resident alien is deemed to be a temporary
resident and only a nonrenewable license or identification card
may be issued to that person.
(B) Any license or identification card issued to a person who
is not a United States citizen, national, or legal permanent
resident alien is valid only during the period of time of the
applicant's authorized stay in the United States or, if there is
no definite end to the period of authorized stay, a period of one
year. The document shall indicate clearly that the document is
temporary and state the date that it expires. Except as otherwise
provided in this section, the document may be renewed only upon
presentation of valid documentary evidence that the applicant's
status has been extended by the United States citizenship and
immigration services or other authorized agency of the United
States department of homeland security.
(C) Any driver's license that is not expired, cancelled,
suspended, or revoked is presumed to have been issued in
accordance with division (B) of this section when an application
is made for its renewal. If the registrar receives notice that a
local, state, or federal government agency provided the department
of public safety with information that indicates a reasonable
suspicion that the individual seeking the renewal or reissuance is
present in the United States in violation of law, the rules shall
require the applicant to follow the procedures in division (B) of
this section for the renewal or reissuance of the license.
Sec. 4507.50. (A) The registrar of motor vehicles or a
deputy
registrar, upon receipt of an application filed in
compliance with section 4507.51 of the Revised Code by any person
who is a resident or a temporary resident of this state and,
except as
otherwise provided in this section, is not licensed as
an operator of a motor
vehicle in this state or another licensing
jurisdiction, and, except
as provided in division (B) of this
section, upon
receipt of a fee of three dollars and fifty cents,
shall issue an
identification card to that person.
Any person who is a resident or temporary resident of this
state whose
Ohio driver's or commercial driver's license has been
suspended or
canceled, upon application in compliance with
section
4507.51
of the Revised Code and, except as provided in
division
(B)
of this section, payment of a fee of three dollars
and
fifty
cents, may be issued a temporary identification card.
The
temporary identification card shall be identical to an
identification card, except that it shall be printed on its face
with a statement that the card is valid during the effective
dates
of the suspension or
cancellation of the cardholder's
license, or
until the birthday of the cardholder in the fourth
year after the
date on which it is issued, whichever is shorter.
A temporary
identification card issued to a person who is a temporary resident
shall indicate clearly that the document is temporary and state
its expiration date. The expiration date for a temporary resident
is the earlier of four years or the last day of the applicant's
authorized stay in the United States unless there is no definite
end to the applicant's authorized stay, in which case the
expiration date is one year from the card's issuance. The
cardholder
shall surrender the identification card to
the
registrar or any
deputy registrar before the
cardholder's driver's
or
commercial
driver's license is restored or reissued.
Except as provided in division (B) of this section,
the
deputy registrar shall be allowed a fee of
two dollars
and
seventy-five cents
commencing on July 1, 2001, three
dollars and
twenty-five cents commencing on January 1, 2003, and
three dollars
and fifty cents commencing on January 1, 2004, for
each
identification card issued under
this section. The fee
allowed to
the deputy registrar shall be
in addition to the fee
for issuing
an identification card.
Neither the registrar nor any deputy registrar shall charge
a
fee in excess of one dollar and fifty cents for laminating an
identification card or temporary identification card. A deputy
registrar
laminating such a card shall retain the entire amount
of
the fee
charged for lamination, less the actual cost to the
registrar of
the laminating materials used for that lamination,
as
specified in
the contract executed by the bureau for the
laminating materials
and laminating equipment. The deputy
registrar shall forward the
amount of the cost of the laminating
materials to the registrar
for deposit as provided in this
section.
The fee collected for issuing an identification card under
this section, except the fee allowed to the deputy registrar,
shall be paid into the state treasury to the credit of the state
bureau of motor vehicles fund created in section 4501.25 of the
Revised
Code.
(B) A disabled veteran who has a
service-connected
disability
rated at one hundred per cent by
the veterans'
administration may
apply to the registrar or a
deputy registrar
for the issuance to
that veteran of an
identification card or a
temporary
identification card under
this section without payment
of any fee
prescribed in division
(A) of this section, including
any
lamination fee.
An application made under division
(B) of this section shall
be
accompanied by such documentary evidence of disability as the
registrar may require by rule.
Sec. 4507.51. (A)(1) Every application for an
identification
card or duplicate shall be made on a form
furnished
by the
registrar of motor vehicles, shall be signed by
the
applicant, and
by the applicant's parent or guardian if
the
applicant is
under
eighteen years of age, and shall contain the
following
information
pertaining to the applicant: name, date of
birth,
sex, general
description including the applicant's height,
weight, hair color,
and eye color, address,
county of residence, duration of residence
in this state, country of citizenship, and social security
number.
The
application also shall state whether an applicant wishes to
certify willingness to
make an anatomical gift under section
2108.04 of the Revised Code
and shall include information about
the requirements of that
section that apply to persons who are
less than eighteen years of
age. The statement regarding
willingness to make such a
donation
shall be given no
consideration in the decision of whether to
issue an
identification card. Each applicant shall be
photographed in
color
at the time of making application.
(2) The application also shall
state whether the applicant
has executed a valid durable power
of attorney for health care
pursuant to sections 1337.11 to 1337.17
of the Revised Code or has
executed a declaration governing the
use or continuation, or the
withholding or withdrawal, of
life-sustaining treatment pursuant
to sections 2133.01
to 2133.15 of the Revised Code and, if the
applicant has executed
either type of
instrument, whether the
applicant wishes the
identification card issued to indicate that
the applicant has
executed the instrument.
(3) The registrar or deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall register as an
elector
any person who applies for an identification card or
duplicate if
the applicant is eligible and wishes to be
registered as an
elector. The decision of an applicant whether
to register as an
elector shall be given no consideration in the
decision of whether
to issue the applicant an identification
card or duplicate.
(B) The application for an identification card or
duplicate
shall be filed in the office of the registrar or
deputy registrar.
Each applicant shall present documentary evidence as
required by
the registrar of the applicant's age and
identity,
and the
applicant shall swear that all
information
given is true.
All applications for an identification card or duplicate
shall be filed in duplicate, and if submitted to a deputy
registrar, a copy shall be forwarded to the registrar. The
registrar shall prescribe rules for the manner in which a deputy
registrar is to file and maintain applications and other records.
The registrar shall maintain a suitable, indexed record of all
applications denied and cards issued or canceled.
Sec. 4507.52.
(A) Each identification card issued by the
registrar of motor vehicles or a deputy registrar shall
display a
distinguishing number assigned to the cardholder, and shall
display the following inscription:
"STATE OF OHIO IDENTIFICATION CARD
This card is not valid for the purpose of operating a motor
vehicle. It is provided solely for the purpose of establishing
the
identity of the bearer described on the card, who currently
is
not
licensed to operate a motor vehicle in the state of Ohio."
The identification card shall display substantially the
same
information as contained in the application and as described in
division (A)(1) of section 4507.51 of the Revised Code,
but shall
not display the cardholder's social security number
unless the
cardholder
specifically requests that the cardholder's
social
security number
be
displayed on the card. If federal
law
requires
the
cardholder's social
security number to be
displayed
on the
identification card, the social
security number
shall be
displayed
on the card notwithstanding
this section. The
identification
card
also
shall
display the color photograph of the
cardholder.
If
the
cardholder
has executed a
durable power of
attorney for
health
care or a
declaration
governing the use or
continuation, or
the
withholding
or
withdrawal, of life-sustaining
treatment and
has
specified that
the cardholder wishes the
identification
card
to
indicate that the
cardholder has
executed
either type of
instrument, the card also
shall
display
any symbol
chosen by the
registrar to indicate that
the
cardholder has
executed either type
of instrument. The card
shall be sealed in
transparent plastic or
similar material and
shall be so designed
as to prevent its
reproduction or alteration
without ready
detection.
The identification card for persons under twenty-one years of
age shall have
characteristics prescribed by the registrar
distinguishing it from that issued
to a person who is twenty-one
years of age or older, except that an
identification card issued
to a person who applies no more than thirty days
before the
applicant's twenty-first birthday shall have the characteristics
of
an identification card issued to a person who is twenty-one
years of age or
older.
Any identification card issued to a person who is a temporary
resident shall indicate clearly that the document is temporary and
state the date that it expires. The expiration date for a
temporary resident is the earlier of four years or the last day of
the applicant's authorized stay in the United States unless there
is no definite end to the applicant's authorized stay, in which
case the expiration date is one year from the card's issuance.
Every identification card issued to a resident of this state
shall
expire, unless canceled or
surrendered earlier, on the
birthday of the cardholder in the
fourth year after the date on
which it is issued. Every identification
card issued to a
temporary resident shall expire in accordance with rules
adopted
by the registrar and is nonrenewable, but may be replaced with a
new
identification card upon the applicant's compliance with all
applicable
requirements. A cardholder
may renew the cardholder's
identification card within
ninety days prior to the day on which
it expires by filing an
application and paying the prescribed fee
in accordance with section 4507.50
of the Revised Code.
If a cardholder applies for a driver's or commercial
driver's
license in this state or another licensing jurisdiction,
the
cardholder shall surrender the
cardholder's identification card to
the registrar or
any deputy registrar before the license is
issued.
(B) If a card is lost, destroyed, or mutilated, the person to
whom the card was issued may obtain a duplicate by doing both of
the following:
(1) Furnishing suitable proof of the loss, destruction,
or
mutilation to the registrar or a deputy registrar;
(2) Filing an application and presenting documentary
evidence
under section 4507.51 of the Revised Code.
Any person who loses a card and, after obtaining a
duplicate,
finds the original, immediately shall surrender
the original to
the registrar or a deputy registrar.
A cardholder may obtain a replacement identification card
that reflects any change of the cardholder's name by
furnishing
suitable proof
of the change to the registrar or a deputy
registrar and
surrendering the cardholder's existing card.
When a cardholder applies for a duplicate or obtains a
replacement identification card, the cardholder shall
pay a fee of
two dollars
and fifty cents. A deputy registrar shall be allowed
an
additional fee of
two dollars
and seventy-five cents
commencing
on July 1, 2001,
three dollars and twenty-five cents
commencing on
January 1, 2003,
and three dollars and fifty cents
commencing on
January 1, 2004,
for
issuing a duplicate or
replacement
identification card.
A
disabled veteran who is a
cardholder and
has a
service-connected
disability rated at one
hundred per cent
by
the veterans'
administration may apply to
the
registrar or a
deputy registrar
for the issuance of a
duplicate or
replacement
identification card
without payment of
any fee
prescribed in this
section, and without
payment of any
lamination
fee if the disabled
veteran would not be
required to
pay a
lamination fee in
connection with the issuance
of an
identification card or
temporary identification card as
provided
in division (B) of
section
4507.50 of the Revised
Code.
A duplicate or replacement identification card shall expire
on the same date as the card it replaces.
(C) The registrar shall cancel any card upon determining that
the
card was obtained unlawfully, issued in error, or was
altered.
The
registrar also shall cancel any card that
is surrendered to
the
registrar or to a deputy registrar after the holder has
obtained a
duplicate, replacement, or driver's or commercial
driver's
license.
(D)(1) No agent of the state or its political subdivisions
shall
condition the granting of any benefit, service, right, or
privilege upon the possession by any person of an identification
card. Nothing in this section shall preclude any publicly
operated
or franchised transit system from using an
identification
card for
the purpose of granting benefits or
services of the
system.
(2) No person shall be required to apply for, carry, or
possess
an identification card.
(E) Except in regard to an identification card issued to
a
person who applies no more than thirty days before the
applicant's
twenty-first birthday, neither the registrar nor any
deputy
registrar
shall issue an identification card to a person
under
twenty-one years of age
that does not have the
characteristics
prescribed by the registrar
distinguishing it from
the
identification card issued to persons who are
twenty-one years
of
age or older.
(F)
Whoever violates division (E) of this section is
guilty
of a minor misdemeanor.
Sec. 5747.027. In the case of an independent contractor who
fails to provide documentation of employment authorization to a
contracting entity as section 8.06 of the Revised Code requires,
the tax imposed on the total compensation the independent
contractor receives from the contracting entity shall be at the
rate of six per cent.
Section 2. That existing sections 3333.31, 4507.01, 4507.06,
4507.09, 4507.50, 4507.51, and 4507.52 of the Revised Code are
hereby repealed.
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