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Am. Sub. H. B. No. 450 As Passed by the SenateAs Passed by the Senate
127th General Assembly | Regular Session | 2007-2008 |
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Cosponsors:
Representatives Wachtmann, Barrett, Peterson, McGregor, J., Brinkman, Fessler, Gibbs, Combs, Evans, Huffman, Adams, Stebelton, Letson, Core, Carmichael, Uecker, Blessing, Dyer, Williams, S., Aslanides, Bacon, Batchelder, Bolon, Book, Coley, Collier, DeBose, Dodd, Domenick, Fende, Flowers, Gardner, Gerberry, Goyal, Hagan, J., Heydinger, Hite, Hottinger, Hughes, Jones, Mallory, Mandel, Mecklenborg, Oelslager, Okey, Otterman, J., Patton, Sayre, Schindel, Schlichter, Schneider, Sears, Setzer, Stewart, J., Webster, Zehringer
Senators Grendell, Seitz, Faber, Buehrer, Cafaro, Carey, Fedor, Padgett, Patton, Schuler, Stivers, Wagoner, Wilson, Harris, Schaffer, Austria
A BILL
To amend sections 109.731, 311.42, 2923.125,
2923.1213,
2923.211, 3333.31, 4506.07, 4506.11,
4507.06,
4507.13, 4507.51, and 4507.52 and to
enact section 124.1311 of the
Revised Code and to
amend
Section 263.20.13 of
Am. Sub. H.B. 119 of
the 127th General
Assembly
to
permit a member of
the armed
services or the
Ohio
National Guard
who is
between the ages of
18 and
21 to
purchase a
handgun if the person
has
received
firearms
training, to clarify the
residency
criterion
for the issuance of a
concealed carry
license for
persons who are
absent from, or who
are present
in, the state in
compliance with
military or naval
orders, to
grant
certain
veterans and their families who
relocate to Ohio
immediate
eligibility for
in-state tuition at
state institutions of higher
education, to
modify
the fee for a license or
temporary
emergency license to
carry a
concealed
handgun,
to
provide upon request made 15 months or later
after the bill's effective date for the
inclusion
of a symbol indicating an
honorable
discharge
from the military upon a veteran's
driver's
license, commercial driver's license, or
state
identification
card, and to grant paid leave to
certain state employees so that they may
participate in a funeral honors detail at the
funeral of a veteran.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 109.731, 311.42, 2923.125,
2923.1213, 2923.211,
3333.31, 4506.07, 4506.11, 4507.06, 4507.13,
4507.51, and 4507.52
be
amended and section 124.1311 of the
Revised Code be enacted to read as
follows:
Sec. 109.731. (A)
The Ohio peace officer training
commission
shall prescribe, and shall make available to sheriffs,
all of the
following:
(1) An application form that is to be used under section
2923.125 of the Revised Code by
a person who applies for a license
to carry a concealed handgun or for the
renewal of a license of
that nature and that conforms substantially to the
form prescribed
in section 2923.1210 of the Revised Code;
(2) A form for the license to carry a concealed handgun that
is to be
issued by sheriffs to persons who qualify for a license
to carry a concealed
handgun under section 2923.125
of the Revised
Code and that conforms to the following requirements:
(a) It has space for the licensee's full name, residence
address,
and date of birth and for a color photograph of the
licensee.
(b) It has space for the date of issuance of the license,
its
expiration date, its county of issuance, the name of the
sheriff
who
issues the
license, and the unique combination of letters and
numbers that identify the county of issuance and the license given
to the licensee by the sheriff in accordance with division (A)(4)
of this section.
(c)
It has space for the signature of the licensee and the
signature
or a facsimile signature of the sheriff who issues the
license.
(d) It does not require the licensee to include serial
numbers of
handguns, other identification related to handguns, or
similar data that is
not pertinent or
relevant to obtaining the
license and that could be used as a de facto means
of registration
of handguns owned by the licensee.
(3) A series of three-letter county codes that identify each
county in this state;
(4) A procedure by which a sheriff shall give each license,
replacement license, or renewal license to carry a concealed
handgun and each temporary emergency license or replacement
temporary emergency license to carry a concealed handgun the
sheriff issues under section 2923.125 or 2923.1213 of the Revised
Code a unique combination of letters and numbers that identifies
the county in which the license or temporary emergency license was
issued and that uses the county code and a unique number for each
license and each temporary emergency license the sheriff of that
county issues;
(5) A form for the temporary emergency license to carry a
concealed handgun that is to be issued by sheriffs to persons who
qualify for a temporary emergency license under section 2923.1213
of the Revised Code, which form shall conform to all the
requirements set forth in divisions (A)(2)(a) to (d) of this
section and shall additionally conspicuously specify that the
license is a temporary emergency license and the date of its
issuance.
(B)(1) The Ohio peace officer training commission, in
consultation with the attorney general, shall
prepare
a pamphlet
that does all of the following, in everyday language:
(a) Explains the firearms laws of this
state;
(b) Instructs the reader in dispute resolution and explains
the laws of this state related to that matter;
(c) Provides information to the reader regarding all aspects
of the use of deadly force with a firearm, including, but not
limited to, the steps that should be taken before contemplating
the use of, or using, deadly force with a firearm, possible
alternatives to using deadly force with a firearm, and the law
governing the use of deadly force with a firearm.
(2) The attorney general shall consult with and assist the
commission in the preparation of the pamphlet described in
division (B)(1) of this section and, as necessary, shall recommend
to the commission changes in the pamphlet to reflect changes in
the law that are relevant to it. The commission
shall make copies
of the pamphlet available to any person, public entity, or private
entity that operates or teaches a training course, class, or
program described in division (B)(3)(a), (b), (c), and (e) of
section 2923.125 of the Revised Code and requests copies for
distribution to persons who take the course, class, or program,
and to sheriffs
for distribution
to
applicants under section
2923.125 of the
Revised Code for a license to carry a concealed
handgun and
applicants under that section for the
renewal of a
license to
carry a concealed handgun.
(C)(1) The Ohio peace officer training commission, in
consultation with the attorney general, shall
prescribe a an
administrative fee of not more than five dollars and not less than
three dollars to be paid by an applicant under section 2923.125
of
the Revised Code for a
license to carry a
concealed handgun or for
the renewal of a license to carry a concealed handgun as follows:
(a) For an applicant who has been a resident of this state
for five or more years, an amount that does not exceed the lesser
of the actual cost of issuing the license, including, but not
limited to, the cost of conducting a criminal records check, or
whichever of the following is applicable:
(i) For an application made on or after the effective date of
this amendment, fifty-five dollars;
(ii) For an application made prior to the effective date of
this amendment, forty-five dollars;
(b) For an applicant who has been a resident of this state
for less than five years, an amount that shall consist of the
actual cost of having a criminal background check performed by the
federal bureau of investigation, if one is so performed, plus the
lesser of the actual cost of issuing the license, including, but
not limited to, the cost of conducting a criminal records check,
or whichever of the following is applicable:
(i) For an application made on or after the effective date of
this amendment, fifty-five dollars;
(ii) For an application made prior to the effective date of
this amendment, forty-five dollars.
(2) The commission, in consultation with the attorney
general, shall
specify the portion of the fee prescribed under
division (C)(1) of this section that will be
used to pay each
particular cost of the issuance of the license. The sheriff shall
deposit
all administrative fees prescribed pursuant to this
division and paid by an applicant under section 2923.125 of the
Revised Code into the sheriff's concealed handgun license issuance
expense fund established
pursuant to section 311.42 of the Revised
Code.
(D) The Ohio peace officer training commission shall
maintain
statistics with respect to
the issuance, renewal,
suspension,
revocation, and denial of licenses to carry
a
concealed handgun
and the suspension of processing of applications for those
licenses, and with respect to the issuance, suspension,
revocation, and denial of temporary emergency licenses to carry a
concealed handgun, as
reported by the sheriffs pursuant to
division (C) of
section 2923.129
of the Revised Code. Not later
than the
first
day
of March in each year, the commission shall
submit a
statistical
report to the governor, the president of the
senate,
and
the
speaker of the house of representatives indicating
the
number of
licenses to carry a concealed handgun that were
issued, renewed, suspended,
revoked, and
denied in the
previous
calendar year, the number
of
applications for those licenses
for
which processing was
suspended
in accordance with division (D)(3)
of
section 2923.125
of the
Revised
Code in the previous calendar
year, and the number of temporary emergency licenses to carry a
concealed handgun that were issued, suspended, revoked, or denied
in the previous calendar year. Nothing in the statistics or the
statistical report shall identify, or enable the identification
of, any individual who was issued or denied a license, for whom a
license was renewed, whose license was suspended or revoked, or
for whom application processing was suspended. The statistics and
the statistical report are public records for the purpose of
section 149.43 of the Revised Code.
(E)
As used in this section,
"handgun" has the same
meaning
as in
section 2923.11 of the Revised Code.
Sec. 124.1311. (A) As used in this section:
(1) "Funeral honors detail" means a funeral honors detail as
described in the "National Defense Authorization Act of 2003," 116
Stat. 2556, 10 U.S.C. 1491.
(2) "State employee" means a state employee who is trained to
participate in a funeral honors detail at the funeral of a veteran
and who is a retired or active member of the armed forces of the
United States or of a reserve component of the armed forces of the
United States, including the Ohio national guard.
(B) A state employee is entitled to a maximum of twenty hours
of paid leave for those
hours the employee is absent from work in
order to participate in
a funeral honors detail at the funeral of
a veteran.
Sec. 311.42. (A) Each county shall establish in the county
treasury a sheriff's concealed handgun license issuance expense
fund. The sheriff of that
county shall deposit into that fund all
fees paid by applicants
for the issuance or renewal of a license
or duplicate license to
carry a concealed handgun under section
2923.125 of the Revised
Code, including the administrative fee
prescribed pursuant to division (C) of section 109.731 of the
Revised Code, and all fees paid by the person seeking a temporary
emergency license to carry a concealed handgun under section
2923.1213 of the Revised Code. The county shall distribute the
fees deposited into the
fund in accordance with the specifications
prescribed by the Ohio
peace officer training commission under
division (C) of section
109.731 of the Revised Code pay to the
bureau of criminal identification and investigation the portion of
the fund that consists of the administrative fee and the cost of
any background check performed by the bureau of criminal
identification and investigation.
(B) The sheriff, with the approval of the board of county
commissioners, may expend any county portion of the fees deposited
into the sheriff's concealed handgun license issuance expense fund
for any costs incurred by
the sheriff in connection with
performing any administrative
functions related to the issuance of
licenses or temporary emergency licenses to carry a concealed
handgun under section 2923.125 or 2923.1213 of the Revised Code,
including, but not
limited to, personnel expenses and the costs of
any handgun safety
education program that the sheriff chooses to
fund.
Sec. 2923.125.
(A) Upon the request of a person who wishes
to obtain a license to carry a concealed handgun or to renew a
license to carry a concealed handgun, a sheriff, as provided in
division (I) of this section, shall provide to
the person free of
charge an application form and a copy of the
pamphlet described in
division (B) of section 109.731 of the
Revised Code. A sheriff
shall accept a completed application form and the fee, items,
materials, and information specified in divisions (B)(1) to (5) of
this section at the times and in the manners described in division
(I) of this section.
(B) An applicant for a license to carry a concealed
handgun
shall submit a completed application form and all of the
following
to the sheriff of the county in which the applicant
resides or to
the sheriff of any county adjacent to the county in which the
applicant resides:
(1)(a) A nonrefundable license fee prescribed by the Ohio
peace
officer training commission pursuant to division (C) of
section
109.731 of the Revised Code, except that the sheriff
shall
waive
the payment of the license fee
in connection with an
initial
or
renewal application for a license that is
submitted by
an
applicant who is a retired peace officer, a
retired person
described in division (B)(1)(b) of section 109.77
of
the Revised
Code, or a retired federal law enforcement officer
who, prior to
retirement, was authorized under federal law to
carry a firearm in
the course of duty, unless the retired peace officer, person, or
federal law enforcement
officer retired as the result of a mental
disability; as described
in either of the following:
(i) For an
applicant who has been a resident of this state
for five or more
years, a fee of forty dollars plus the actual
cost of having a
background check performed by the bureau of
criminal
identification and investigation pursuant to section
311.41 of
the Revised Code and the administrative fee prescribed
pursuant
to section 109.731 of the Revised Code;
(ii) For an applicant who has been a resident of this state
for less than five years, a fee of forty dollars plus the actual
cost of having background checks performed by the federal bureau
of investigation and the bureau of identification and
investigation pursuant to section 311.41 of the Revised Code and
the administrative fee prescribed pursuant to section 109.731 of
the Revised Code.
(b) A sheriff shall waive the payment of the license fee
described in division (B)(1)(a) of this section in connection with
an initial or renewal application for a license that is submitted
by an applicant who is a retired peace officer, a retired person
described in division (B)(1)(b) of section 109.77 of the Revised
Code, or a retired federal law enforcement officer who, prior to
retirement, was authorized under federal law to carry a firearm in
the course of duty, unless the retired peace officer, person, or
federal law enforcement officer retired as the result of a mental
disability.
(c) The sheriff shall deposit all fees paid by an applicant
under division (B)(1)(a) of this section into the sheriff's
concealed handgun license issuance expense fund established
pursuant to
section 311.42 of the Revised Code.
(2) A color photograph of the applicant that was taken within
thirty days prior to the date of the application;
(3) One or more of the following
competency
certifications,
each of which shall reflect that, regarding a certification
described in division (B)(3)(a), (b), (c), (e), or (f) of this
section, within
the three
years immediately preceding the
application the
applicant has
performed that to which the
competency certification
relates and that, regarding a
certification described in division (B)(3)(d) of this section, the
applicant currently is an active or reserve member of the armed
forces of the United States or within the six years immediately
preceding the application the honorable discharge or retirement to
which the competency certification relates occurred:
(a) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class,
or program that was offered by or
under the auspices of the
national rifle association and that
complies with the requirements
set forth in division (G) of this
section;
(b) An original or photocopy of a certificate of completion
of a firearms safety, training, or requalification or firearms
safety instructor course, class,
or program that satisfies all of
the following criteria:
(i) It was open to
members of the general public.
(ii) It utilized qualified instructors
who were certified by
the national
rifle association, the
executive director of the Ohio
peace
officer training commission
pursuant to section 109.75 or
109.78
of the Revised Code, or a
governmental official or entity
of
another state.
(iii) It was offered
by or under the auspices of a
law
enforcement agency of this or
another state or the United
States,
a public or private college,
university, or other similar
postsecondary educational
institution
located in this or another
state, a firearms training
school
located in this or another
state, or another type of public
or
private entity or organization
located in this or another
state.
(iv) It complies with the
requirements set forth in
division
(G)
of this section.
(c) An original or photocopy of a certificate of completion
of a state, county, municipal, or department of natural resources
peace officer training school that is approved by the executive
director
of the Ohio peace officer training commission pursuant to
section
109.75 of the Revised Code and that complies with the
requirements set forth in division (G) of this section, or the
applicant has satisfactorily
completed and been issued a
certificate of completion of a basic
firearms training program, a
firearms requalification training
program, or another basic
training program described in section
109.78 or 109.801 of the
Revised Code that complies with the requirements set forth in
division (G) of this section;
(d) A document that evidences both of the following:
(i) That the applicant is an active or reserve member of
the
armed forces of the United States, was honorably discharged
from
military service in the active or reserve armed forces of the
United States, is a retired trooper of the state highway patrol,
or is a retired peace officer or federal law enforcement officer
described in division (B)(1) of this section or a retired person
described in division (B)(1)(b) of section 109.77 of the Revised
Code and division (B)(1) of this section;
(ii) That, through participation in the military service or
through the former employment described in division
(B)(3)(d)(i)
of this
section, the applicant acquired experience
with handling
handguns
or other firearms, and the experience so
acquired was
equivalent
to training that the applicant could have
acquired in a
course,
class, or program described in division
(B)(3)(a), (b), or
(c) of
this section.
(e) A certificate or another similar document that evidences
satisfactory completion of a firearms training, safety, or
requalification or firearms safety instructor course, class, or
program that is not otherwise
described in division (B)(3)(a),
(b), (c), or (d) of this section,
that was conducted by an
instructor who was certified by an
official or entity of the
government of this or another state or
the United States or by the
national rifle association, and that
complies with the
requirements set forth in division (G) of this
section;
(f) An affidavit that attests to the applicant's
satisfactory
completion of a course, class, or program described
in division
(B)(3)(a), (b), (c), or (e) of this section and that
is subscribed
by the applicant's instructor or an authorized
representative of
the entity that offered the course, class, or
program or under
whose auspices the course, class, or program was
offered.
(4) A certification by the applicant that the applicant has
read the pamphlet prepared by the Ohio peace officer training
commission pursuant to section 109.731 of the Revised Code that
reviews firearms, dispute resolution, and use of deadly force
matters.
(5) A set of fingerprints of the applicant provided as
described in section 311.41 of the Revised Code through use of an
electronic fingerprint reading device or, if the sheriff to whom
the application is submitted does not possess and does not have
ready access to the use of such a reading device, on a standard
impression sheet prescribed pursuant to division (C)(2) of section
109.572 of the Revised Code.
(C) Upon receipt of an applicant's completed application
form, supporting documentation, and, if not waived, license fee, a
sheriff, in the manner specified in section 311.41 of the Revised
Code, shall conduct or cause to be
conducted the criminal
records
check and the incompetency records check described in section
311.41 of the
Revised Code.
(D)(1) Except as provided in division (D)(3) or (4)
of
this
section, within forty-five days after a sheriff's receipt
of
an
applicant's
completed application form for a license to
carry a
concealed
handgun, the supporting documentation, and, if
not
waived, the license
fee, the sheriff shall make available
through
the law enforcement automated data system in accordance
with
division (H) of this section the information described in
that
division and, upon making the information available through
the
system, shall issue to the applicant a
license to carry a
concealed handgun that shall expire as described in division
(D)(2)(a) of this section if all of the
following apply:
(a) The applicant is legally living in the United States, has
been a resident of this state for at
least forty-five days, and
has been a resident of the county in which the
person
seeks the
license or a county adjacent to the county in
which the person
seeks the license for at least thirty days.
For purposes of
division (D)(1)(a) of this section:
(i) If a person is absent from the United States, from this
state, or from a particular county in this state in compliance
with military or naval orders as an active or reserve member of
the armed forces of the United States and if prior to leaving this
state in compliance with those orders the person was legally
living in the United States and was a resident of this state, the
person, solely by reason of that absence, shall not be considered
to have lost the person's status as living in the United States or
the person's residence in this state or in the county in which the
person was a resident prior to leaving this state in compliance
with those orders, without regard to whether or not the person
intends to return to this state or to that county, shall not be
considered to have acquired a residence in any other state, and
shall not be considered to have become a resident of any other
state.
(ii) If a person is present in this state in compliance with
military or naval orders as an active or reserve member of the
armed forces of the United States for at least forty-five days,
the person shall be considered to have been a resident of this
state for that period of at least forty-five days, and, if a
person is present in a county of this state in compliance with
military or naval orders as an active or reserve member of the
armed forces of the United States for at least thirty days, the
person shall be considered to have been a resident of that county
for that period of at least thirty days.
(b) The applicant is at least twenty-one years of age.
(c) The applicant is not a fugitive from justice.
(d) The applicant is not under indictment for or otherwise
charged with a felony; an offense under Chapter 2925., 3719., or
4729. of the Revised Code that involves the illegal possession,
use, sale, administration, or distribution of or trafficking in a
drug of abuse; a misdemeanor offense of violence; or a violation
of section 2903.14 or 2923.1211 of the Revised Code.
(e) Except as otherwise provided in division (D)(5) of
this
section, the applicant has not been convicted of or pleaded
guilty
to a felony or an offense under Chapter
2925., 3719., or
4729. of
the Revised Code that involves the
illegal possession,
use, sale,
administration, or distribution of
or trafficking in a
drug of
abuse; has not been adjudicated a delinquent child for
committing
an act that if committed by an adult would be a felony
or would be
an offense under Chapter 2925., 3719., or 4729. of
the Revised
Code that involves the illegal possession, use, sale,
administration, or distribution of or trafficking in a drug of
abuse; and has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing a violation of
section
2903.13 of the Revised Code when the victim of the
violation is a
peace officer, regardless of whether the applicant
was sentenced
under division (C)(3) of that section.
(f) Except as otherwise provided in division (D)(5) of
this
section, the applicant, within three years of the date of the
application, has not been convicted of or pleaded guilty to a
misdemeanor offense of violence other than a
misdemeanor violation
of section 2921.33 of the Revised Code or a
violation of section
2903.13 of the Revised Code when the victim
of the violation is a
peace officer, or a misdemeanor violation of
section 2923.1211 of
the Revised Code; and has not been adjudicated a delinquent child
for committing an act that if committed by an adult would be a
misdemeanor offense of violence other than a misdemeanor violation
of section 2921.33 of the Revised Code or a violation of section
2903.13 of the Revised Code when the victim of the violation is a
peace officer or for committing an act that if committed by an
adult would be a misdemeanor violation of section 2923.1211 of the
Revised Code.
(g) Except as otherwise provided in division (D)(1)(e) of
this section, the applicant, within five years of the date of the
application, has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing two or more
violations of section 2903.13 or 2903.14 of the Revised Code.
(h) Except as otherwise provided in division (D)(5) of
this
section, the applicant, within ten years of the date of the
application, has not been convicted of, pleaded guilty to, or
adjudicated a delinquent child for committing a violation of
section 2921.33 of
the Revised Code.
(i) The applicant has not been adjudicated as a mental
defective, has not been committed to any mental institution, is
not under adjudication of mental incompetence, has not been found
by a court to be a mentally ill person subject to hospitalization
by court order, and is not an involuntary patient other than one
who is a patient only for purposes of observation. As used in this
division, "mentally ill person subject to hospitalization by court
order" and "patient" have the same meanings as in section 5122.01
of the Revised Code.
(j) The applicant is not currently subject to a civil
protection order, a temporary protection order, or a protection
order issued by a court of another state.
(k)
The applicant certifies that the applicant desires a
legal means to carry a concealed
handgun for defense of the
applicant or a member of the
applicant's family while engaged in
lawful activity.
(l) The applicant submits a competency certification of the
type described in division (B)(3) of this section and submits a
certification of the type described in division (B)(4) of this
section regarding the applicant's reading of the pamphlet prepared
by the Ohio peace officer training commission pursuant to section
109.731 of the Revised Code.
(m) The applicant currently is not subject to a suspension
imposed under division (A)(2) of section 2923.128 of the Revised
Code of a license to carry a concealed handgun, or a temporary
emergency license to carry a concealed handgun, that previously
was issued to the applicant under this section or section
2923.1213 of the Revised Code.
(2)(a) A license to carry a concealed handgun that a sheriff
issues under division (D)(1) of this section on or after March 14,
2007, shall expire five
years after the date of issuance. A
license to carry a concealed
handgun that a sheriff issued under
division (D)(1) of this
section prior to March 14,
2007, shall
expire four years after the date of issuance.
If a sheriff issues a license under this section, the sheriff
shall place on the license a unique combination of letters and
numbers identifying the license in accordance with the procedure
prescribed by the Ohio peace officer training commission pursuant
to section 109.731 of the Revised Code.
(b) If a sheriff denies an application under this section
because the applicant does not satisfy the criteria described in
division (D)(1) of this section, the sheriff shall specify the
grounds for the denial in a written notice to the applicant. The
applicant may appeal the denial pursuant to section 119.12 of the
Revised Code in the county served by the sheriff who denied the
application. If the denial was as a result of the criminal records
check conducted pursuant to section 311.41 of the Revised Code and
if, pursuant to section 2923.127 of the Revised Code, the
applicant challenges the criminal records check results using the
appropriate challenge and review procedure specified in that
section, the time for filing the appeal pursuant to section 119.12
of the Revised Code and this division is tolled during the
pendency of the request or the challenge and review. If the court
in an appeal under section 119.12 of the Revised Code and this
division enters a judgment sustaining the sheriff's refusal to
grant to the applicant a license to carry a concealed handgun, the
applicant may file a new application beginning one year after the
judgment is entered. If the court enters a judgment in favor of
the applicant, that judgment shall not restrict the authority of a
sheriff to suspend or revoke the license pursuant to section
2923.128 or 2923.1213 of the Revised Code or to refuse to renew
the license for any proper cause that may occur after the date the
judgment is entered. In the appeal, the court shall have full
power to dispose of all costs.
(3) If the sheriff with whom an application for a license to
carry a concealed handgun was filed under this section becomes
aware that the
applicant has been arrested for or otherwise
charged with an
offense that would disqualify the applicant from
holding the
license, the sheriff shall suspend the processing of
the
application until the disposition of the case arising from the
arrest or charge.
(4) If the sheriff determines that the applicant is legally
living in the United States and is a resident of the
county in
which the applicant seeks the license or of an
adjacent
county but
does not yet meet the residency requirements
described
in division
(D)(1)(a) of this section, the sheriff shall
not deny
the license
because of the residency requirements but
shall not
issue the
license until the applicant meets those
residency
requirements.
(5) If an applicant has been convicted of or pleaded guilty
to an offense identified in division (D)(1)(e), (f), or (h) of
this section or has been adjudicated a delinquent child for
committing an act or violation identified in any of those
divisions, and if a court has ordered the sealing or expungement
of the records of that conviction, guilty plea, or adjudication
pursuant to sections 2151.355 to 2151.358 or sections 2953.31 to
2953.36 of the Revised Code or a court has granted the applicant
relief pursuant to section 2923.14 of the Revised Code from the
disability imposed pursuant to section 2923.13 of the Revised Code
relative to that conviction, guilty plea, or adjudication, the
sheriff with whom the application was submitted shall not consider
the conviction, guilty plea, or adjudication in making a
determination under division (D)(1) or (F) of this section or, in
relation to an application for a temporary emergency license to
carry a concealed handgun submitted under section 2923.1213 of the
Revised Code, in making a determination under division (B)(2) of
that section.
(E) If a license to carry a concealed handgun issued under
this section is lost or is destroyed, the licensee may obtain from
the sheriff who issued that license a duplicate license upon the
payment of a fee of fifteen dollars and the submission of an
affidavit attesting to the loss or destruction of the license. The
sheriff, in accordance with the procedures prescribed in section
109.731 of the Revised Code, shall place on the replacement
license a combination of identifying numbers different from the
combination on the license that is being replaced.
(F)(1) A licensee who wishes to renew a license to carry a
concealed handgun issued under this section shall do so not
earlier than ninety days before the expiration date of the license
or at any time after the
expiration
date of
the
license by
filing with the sheriff of the
county in
which the
applicant
resides or with the sheriff of an
adjacent
county an
application
for renewal of the license
obtained
pursuant to
division (D) of
this section, a certification by the applicant
that,
subsequent
to the issuance of the license, the applicant
has
reread the
pamphlet prepared by the Ohio peace officer
training
commission
pursuant to section 109.731 of the Revised
Code that
reviews
firearms, dispute resolution, and use of deadly
force
matters, a
nonrefundable
license
renewal fee unless the fee is waived,
and
one of the following:
(a) If the licensee previously has not renewed a license to
carry a concealed handgun issued under this section, proof that
the
licensee at one time had a competency
certification of the
type
described in division (B)(3) of this
section. A valid
license or any other previously issued license that has not been
revoked
is
prima-facie evidence that the licensee at one time
had a
competency certification of the type described in division
(B)(3)
of this section.
(b) If the licensee previously has renewed a license to carry
a concealed handgun issued under this section, a renewed
competency certification of the type
described in division (G)(4)
of this section.
(2) A sheriff shall accept a completed renewal
application,
the license renewal fee, and information
specified in division
(F)(1) of this section at the times and
in the manners
described
in division (I) of this section. Upon
receipt of a completed
renewal application, of certification
that the applicant has
reread the
specified
pamphlet prepared by
the Ohio peace
officer training
commission,
of proof of a prior
competency
certification for an initial renewal or of a
renewed
competency
certification for a second or subsequent renewal, and
of a
license
renewal fee unless
the fee is waived, a
sheriff, in
the
manner
specified in section
311.41 of the Revised Code shall
conduct or
cause to be conducted
the criminal
records check and
the
incompetency records check
described in
section 311.41 of
the
Revised Code.
The
sheriff
shall
renew the license if
the
sheriff
determines that
the
applicant
continues to satisfy the
requirements described in
division (D)(1)
of this section, except
that the applicant is not required to meet the
requirements of
division (D)(1)(l) of this section. A
renewed license
that is
renewed on or after
March 14, 2007, shall expire
five years
after
the date of
issuance, and a renewed license that
is
renewed
prior to March
14, 2007,
shall expire
four
years after
the date of issuance. A
renewed
license is subject to
division
(E) of this section and
sections
2923.126 and 2923.128 of
the
Revised Code. A sheriff
shall
comply
with divisions (D)(2) to
(4)
of this section when
the
circumstances described in those
divisions apply to a
requested
license renewal. If a sheriff
denies the renewal of a
license to
carry a concealed handgun,
the
applicant may appeal
the denial,
or challenge the criminal
record
check results that
were the
basis of the denial if
applicable, in
the same manner as
specified in division
(D)(2)(b) of this section
and in section
2923.127 of the Revised
Code, regarding the denial
of a license
under this section.
(G)(1) Each course, class, or program described in division
(B)(3)(a), (b), (c), or (e) of this section shall provide to each
person who takes the course, class, or program a copy of the
pamphlet prepared by the Ohio peace officer training commission
pursuant to section 109.731 of the Revised Code that reviews
firearms, dispute resolution, and use of deadly force matters.
Each such course, class, or program described in one of those
divisions shall include at least twelve hours of training
in the
safe handling and use of a firearm that shall include all
of
the
following:
(a) At least ten hours of training on the following matters:
(i) The ability to name, explain, and demonstrate the rules
for safe handling of a handgun and proper storage practices for
handguns and ammunition;
(ii) The ability to demonstrate and explain how to handle
ammunition in a safe manner;
(iii) The ability to demonstrate the knowledge, skills, and
attitude necessary to shoot a handgun in a safe manner;
(iv) Gun handling
training.
(b) At least two hours of training that consists of range
time and live-fire training.
(2) To satisfactorily complete the course, class, or program
described in division (B)(3)(a), (b), (c), or (e) of this section,
the applicant shall pass a competency examination that shall
include both of the following:
(a) A written section on the ability
to
name and explain the
rules for the safe handling of a handgun
and
proper storage
practices for handguns and ammunition;
(b) A physical demonstration of competence in the use of a
handgun and in the rules for safe handling and storage of a
handgun and a
physical demonstration of the attitude necessary
to
shoot a
handgun in a safe manner.
(3) The competency certification described in division
(B)(3)(a), (b), (c), or (e) of this section shall be dated and
shall attest that the
course, class, or program the applicant
successfully completed met
the requirements described in division
(G)(1) of this section and that the applicant passed the
competency examination described in division (G)(2) of this
section.
(4) A person who previously has received a competency
certification as
described in division (B)(3) of this section, or
who previously
has received a renewed competency certification as
described in
this division, may obtain a renewed competency
certification
pursuant to this division. If the person previously
has received a competency
certification or previously has
received a renewed competency
certification, the person may
obtain a renewed competency
certification from an entity that
offers a course, class, or
program described in division
(B)(3)(a), (b), (c), or (e) of this
section by passing a
test
that demonstrates that the person is range
competent. In
these
circumstances, the person is not required to
attend the
course,
class, or program or
to take
the competency examination described
in division (G)(2) of
this section for the renewed
competency
certification in order to
be eligible to receive a renewed
competency certification. A renewed
competency certification
issued under this
division shall be
dated and shall attest that
the person has demonstrated range
competency.
(H) Upon deciding to issue a license, deciding to issue a
replacement license, or deciding to renew a license to carry a
concealed handgun pursuant to this section, and before actually
issuing or renewing the license, the sheriff shall make available
through the law enforcement automated data system all information
contained on the license. If the license subsequently is suspended
under division (A)(1) or (2) of section 2923.128 of the Revised
Code, revoked pursuant to division (B)(1) of section 2923.128 of
the Revised Code, or lost or destroyed, the sheriff also shall
make available through the law enforcement automated data system a
notation of that fact. The superintendent of the state highway
patrol shall ensure that the law enforcement automated data system
is so configured as to permit the transmission through the system
of the information specified in this division.
(I) A sheriff shall accept a completed application form or
renewal application, and the fee, items, materials, and
information specified in divisions (B)(1) to (5) or division (F)
of this section, whichever is applicable, and shall provide an
application form or renewal application and a copy of the pamphlet
described in division (B) of section 109.731 of the Revised Code
to any person during at least fifteen hours a week. The sheriff
shall post notice of the hours during which the sheriff is
available to accept or provide the information described in this
division.
Sec. 2923.1213. (A) As used in this section:
(1) "Evidence of imminent danger" means any of the following:
(a) A statement sworn by the person seeking to carry a
concealed handgun that is made under threat of perjury and that
states that the person has reasonable cause to fear a criminal
attack upon the person or a member of the person's family, such as
would justify a prudent person in going armed;
(b) A written document prepared by a governmental entity or
public official describing the facts that give the person seeking
to carry a concealed handgun reasonable cause to fear a criminal
attack upon the person or a member of the person's family, such as
would justify a prudent person in going armed. Written documents
of this nature include, but are not limited to, any temporary
protection order, civil protection order, protection order issued
by another state, or other court order, any court report, and any
report filed with or made by a law enforcement agency or
prosecutor.
(2) "Prosecutor" has the same meaning as in section 2935.01
of the Revised Code.
(B)(1) A person seeking a temporary emergency license to
carry a concealed handgun shall submit to the sheriff of the
county in which the person resides all of the following:
(a) Evidence of imminent danger to the person or a member of
the person's family;
(b) A sworn affidavit that contains all of the information
required to be on the license and attesting that the person is
legally living in the United States; is at least twenty-one years
of age; is not a fugitive from justice; is not under indictment
for or otherwise charged with an offense identified in division
(D)(1)(d) of section 2923.125 of the Revised Code; has not been
convicted of or pleaded guilty to an offense, and has not been
adjudicated a delinquent child for committing an act, identified
in division (D)(1)(e) of that section and to which division (B)(3)
of this section does not apply; within three years of the date of
the submission, has not been convicted of or pleaded guilty to an
offense, and has not been adjudicated a delinquent child for
committing an act, identified in division (D)(1)(f) of that
section and to which division (B)(3) of this section does not
apply; within five years of the date of the submission, has not
been convicted of, pleaded guilty, or adjudicated a delinquent
child for committing two or more violations identified in division
(D)(1)(g) of that section; within ten years of the date of the
submission, has not been convicted of, pleaded guilty, or
adjudicated a delinquent child for committing a violation
identified in division (D)(1)(h) of that section and to which
division (B)(3) of this section does not apply; has not been
adjudicated as a mental defective, has not been committed to any
mental institution, is not under adjudication of mental
incompetence, has not been found by a court to be a mentally ill
person subject to hospitalization by court order, and is not an
involuntary patient other than one who is a patient only for
purposes of observation, as described in division (D)(1)(i) of
that section; is not currently subject to a civil protection
order, a temporary protection order, or a protection order issued
by a court of another state, as described in division (D)(1)(j) of
that section; and is not currently subject to a suspension imposed
under division (A)(2) of section 2923.128 of the Revised Code of a
license to carry a concealed handgun, or a temporary emergency
license to carry a concealed handgun, that previously was issued
to the person;
(c) A nonrefundable temporary emergency license fee
established by the Ohio
peace officer training commission for an
amount that does not
exceed the actual cost of conducting the
criminal background check
or thirty dollars;
as described in
either of the following:
(i) For an applicant who has been a resident of this state
for five or more years, a fee of fifteen dollars plus the actual
cost of having a background check performed by the bureau of
criminal identification and investigation pursuant to section
311.41 of the Revised Code;
(ii) For an applicant who has been a resident of this state
for less than five years, a fee of fifteen dollars plus the actual
cost of having background checks performed by the federal bureau
of investigation and the bureau of criminal identification and
investigation pursuant to section 311.41 of the Revised Code.
(d) A set of fingerprints of the applicant provided as
described in section 311.41 of the Revised Code through use of an
electronic fingerprint reading device or, if the sheriff to whom
the application is submitted does not possess and does not have
ready access to the use of an electronic fingerprint reading
device, on a standard impression sheet prescribed pursuant to
division (C)(2) of section 109.572 of the Revised Code. If the
fingerprints are provided on a standard impression sheet, the
person also shall provide the person's social security number to
the sheriff.
(2) A sheriff shall accept the evidence of imminent danger,
the sworn affidavit, the fee, and the set of fingerprints required
under division (B)(1) of this section at the times and in the
manners described in division (I) of this section. Upon receipt of
the evidence of imminent danger, the sworn affidavit, the fee, and
the set of fingerprints required under division (B)(1) of this
section, the sheriff, in the manner specified in section 311.41 of
the Revised Code, immediately shall conduct or cause to be
conducted the criminal records check and the incompetency records
check described in section 311.41 of the Revised Code. Immediately
upon receipt of the results of the records checks, the sheriff
shall review the information and shall determine whether the
criteria set forth in divisions (D)(1)(a) to (j) and (m) of
section 2923.125 of the Revised Code apply regarding the person.
If the sheriff determines that all of criteria set forth in
divisions (D)(1)(a) to (j) and (m) of section 2923.125 of the
Revised Code apply regarding the person, the sheriff shall
immediately make available through the law enforcement automated
data system all information that will be contained on the
temporary emergency license for the person if one is issued, and
the superintendent of the state highway patrol shall ensure that
the system is so configured as to permit the transmission through
the system of that information. Upon making that information
available through the law enforcement automated data system, the
sheriff shall immediately issue to the person a temporary
emergency license to carry a concealed handgun.
If the sheriff denies the issuance of a temporary emergency
license to the person, the sheriff shall specify the grounds for
the denial in a written notice to the person. The person may
appeal the denial, or challenge criminal records check results
that were the basis of the denial if applicable, in the same
manners specified in division (D)(2) of section 2923.125 and in
section 2923.127 of the Revised Code, regarding the denial of an
application for a license to carry a concealed handgun under that
section.
The temporary emergency license under this division shall be
in the form, and shall include all of the information, described
in divisions (A)(2) and (5) of section 109.731 of the Revised
Code, and also shall include a unique
combination of identifying
letters and numbers in accordance with division (A)(4) of that
section.
The temporary emergency license issued under this division is
valid for ninety days and may not be renewed. A person who has
been issued a temporary emergency license under this division
shall not be issued another temporary emergency license unless at
least four years has expired since the issuance of the prior
temporary emergency license.
(3) If a person seeking a temporary emergency license to
carry a concealed handgun has been convicted of or pleaded guilty
to an offense identified in division (D)(1)(e), (f), or (h) of
section 2923.125 of the Revised Code or has been adjudicated a
delinquent child for committing an act or violation identified in
any of those divisions, and if a court has ordered the sealing or
expungement of the records of that conviction, guilty plea, or
adjudication pursuant to sections 2151.355 to 2151.358 or sections
2953.31 to 2953.36 of the Revised Code or a court has granted the
applicant relief pursuant to section 2923.14 of the Revised Code
from the disability imposed pursuant to section 2923.13 of the
Revised Code relative to that conviction, guilty plea, or
adjudication, the conviction, guilty plea, or adjudication shall
not be relevant for purposes of the sworn affidavit described in
division (B)(1)(b) of this section, and the person may complete,
and swear to the truth of, the affidavit as if the conviction,
guilty plea, or adjudication never had occurred.
(4) The sheriff shall waive the payment pursuant to division
(B)(1)(c) of this section of the license fee in connection with an
application that is submitted by an applicant who is a retired
peace officer, a retired person described in division (B)(1)(b) of
section 109.77 of the Revised Code, or a retired federal law
enforcement officer who, prior to retirement, was authorized under
federal law to carry a firearm in the course of duty, unless the
retired peace officer, person, or federal law enforcement officer
retired as the result of a mental disability.
The sheriff shall deposit all fees paid by an applicant under
division (B)(1)(c) of this section into the sheriff's concealed
handgun license issuance expense fund established pursuant to
section
311.42 of the Revised Code.
(C) A person who holds a temporary emergency license to carry
a concealed handgun has the same right to carry a concealed
handgun as a person who was issued a license to carry a concealed
handgun under section 2923.125 of the Revised Code, and any
exceptions to the prohibitions contained in section 1547.69 and
sections 2923.12 to 2923.16 of the Revised Code for a licensee
under section 2923.125 of the Revised Code apply to a licensee
under this section. The person is subject to the same
restrictions, and to all other procedures, duties, and sanctions,
that apply to a person who carries a license issued under section
2923.125 of the Revised Code, other than the license renewal
procedures set forth in that section.
(D) A sheriff who issues a temporary emergency license to
carry a concealed handgun under this section shall not require a
person seeking to carry a concealed handgun in accordance with
this section to submit a competency certificate as a prerequisite
for issuing the license and shall comply with division (H) of
section 2923.125 of the Revised Code in regards to the license.
The sheriff shall suspend or revoke the license in accordance with
section 2923.128 of the Revised Code. In addition to the
suspension or revocation procedures set forth in section 2923.128
of the Revised Code, the sheriff may revoke the
license upon
receiving information, verifiable by public documents, that the
person is not eligible to possess a
firearm under either the laws
of this state or of the United States or that the person committed
perjury in obtaining the license; if the sheriff revokes a license
under this additional authority, the sheriff
shall notify the
person, by certified mail, return receipt requested, at the
person's last known residence address that the license has been
revoked and that the person is required to surrender the license
at the sheriff's office within ten days of the date on which the
notice was
mailed. Division (H) of section 2923.125 of the
Revised Code applies regarding any suspension or revocation of a
temporary emergency license to carry a concealed handgun.
(E) A sheriff who issues a temporary emergency license to
carry a concealed handgun under this section shall retain, for the
entire period during which the temporary emergency license is in
effect, the evidence of imminent danger that the person submitted
to the sheriff and that was the basis for the license, or a copy
of that evidence, as appropriate.
(F) If a temporary emergency license to carry a concealed
handgun issued under this section is lost or is destroyed, the
licensee may obtain from the sheriff who issued that license a
duplicate license upon the payment of a fee of fifteen dollars and
the submission of an affidavit attesting to the loss or
destruction of the license. The sheriff, in accordance with the
procedures prescribed in section 109.731 of the Revised Code,
shall place on the replacement license a combination of
identifying numbers different from the combination on the license
that is being replaced.
(G) The Ohio peace officer training commission shall
prescribe, and shall make available to sheriffs, a standard form
to be used under division (B) of this section by a person who
applies for a temporary emergency license to carry a concealed
handgun on the basis of imminent danger of a type described in
division (A)(1)(a) of this section.
(H) A sheriff who receives any fees paid by a person under
this section shall deposit all fees so paid into the sheriff's
concealed handgun license issuance expense fund established under
section 311.42 of the Revised Code.
(I) A sheriff shall accept evidence of imminent danger, a
sworn affidavit, the fee, and the set of fingerprints specified in
division (B)(1) of this section at any time during normal business
hours. In no case shall a sheriff require an appointment, or
designate a specific period of time, for the submission or
acceptance of evidence of imminent danger, a sworn affidavit, the
fee, and the set of fingerprints specified in division (B)(1) of
this section, or for the provision to any person of a standard
form to be used for a person to apply for a temporary emergency
license to carry a concealed handgun.
Sec. 2923.211. (A) No person under eighteen
years of age
shall purchase or attempt to purchase a firearm.
(B) No person under twenty-one years of age
shall purchase
or
attempt to purchase a handgun, provided that this
division does
not
apply to the purchase or attempted purchase of a handgun by a
person eighteen years of age or older and under twenty-one years
of age if the either of the following apply:
(1) The
person eighteen years of age or older and under
twenty-one years of age is a law enforcement officer who is
properly appointed
or employed as a law enforcement officer and
has received firearms training
approved by the Ohio peace officer
training council or equivalent
firearms training.
(2) The person is an active or reserve member of the armed
services of the United States or the Ohio national guard, or was
honorably discharged from military service in the active or
reserve armed services of the United States or the Ohio national
guard, and the person has
received firearms training from the
armed services or the national
guard or equivalent firearms
training.
(C) Whoever violates division (A) of
this section is guilty
of underage purchase of a firearm,
a delinquent act that would
be
a felony of
the fourth degree if it could be committed by an
adult. Whoever violates
division
(B) of this section is guilty of
underage purchase of a
handgun, a misdemeanor of the second
degree.
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, except
as provided in division (B) of this section, 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 grant residency status to a veteran and to the
veteran's spouse and any
dependent of the veteran, if both of the
following conditions are
met:
(a) Served one or more years on active military duty and was
honorably discharged or received a medical discharge that was
related to the military service;
(b) Was killed while serving on active military duty or has
been declared to be missing in action or a prisoner of war.
(2) If the veteran seeks residency status for tuition
surcharge purposes, the veteran has established
domicile in this
state as of the first day of a term of enrollment
in an
institution of higher education. If the spouse or a dependent of
the veteran seeks residency status for tuition surcharge purposes,
the veteran and the spouse or dependent seeking residency status
have established domicile in this state as of the first day of a
term of enrollment in an institution of higher education, except
that if the veteran was killed while serving on active military
duty or has been declared to be missing in action or a prisoner of
war, only the spouse or dependent seeking residency status shall
be required to have established domicile in accordance with this
division.
(C) 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)(D) "Dependent," "domicile," "institution of higher
education," and "residency officer" have the meanings ascribed in
the chancellor's rules adopted under this section.
Sec. 4506.07. (A) Every application for a commercial
driver's license, restricted commercial driver's license, or a
commercial driver's temporary instruction permit, or a duplicate
of such a license, shall be made upon a form approved and
furnished by the registrar of motor vehicles. Except as provided
in section 4506.24 of the Revised Code in regard to a restricted
commercial driver's license, the application shall be signed by
the applicant and shall contain the following information:
(1) The applicant's name, date of birth, social security
account
number, sex, general description including height, weight,
and
color of hair and eyes, current residence, duration of
residence
in this state, country of citizenship, and occupation;
(2) Whether the applicant previously has been licensed to
operate a commercial motor vehicle or any other type of motor
vehicle in another state or a foreign jurisdiction and, if so,
when, by what state, and whether the license or driving
privileges
currently are suspended or revoked in any
jurisdiction, or the
applicant otherwise has been disqualified
from operating a
commercial motor vehicle, or is subject to an
out-of-service order
issued under this chapter or any similar law
of another state or a
foreign jurisdiction and, if so, the date
of, locations involved,
and reason for the suspension,
revocation, disqualification, or
out-of-service order;
(3) Whether the applicant is afflicted with or suffering
from
any physical or mental disability or disease that prevents
the
applicant from exercising reasonable and ordinary
control over a
motor
vehicle while operating it upon a highway or is or has been
subject to any condition resulting in episodic impairment of
consciousness or loss of muscular control and, if so, the nature
and extent of the disability, disease, or condition, and the
names
and addresses of the physicians attending the
applicant;
(4) Whether the applicant has obtained a medical
examiner's
certificate as required by this chapter;
(5) Whether the applicant has pending a citation for
violation of any motor vehicle law or ordinance except a parking
violation and, if so, a description of the citation, the court
having jurisdiction of the offense, and the date when the offense
occurred;
(6) Whether the applicant wishes to certify willingness to
make an anatomical donation under section 2108.04 of the Revised
Code, which shall be given no consideration in the issuance of a
license;
(7) On and after May 1, 1993, 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 license issued to indicate that
the applicant
has executed the instrument;
(8) On and after the date that is fifteen months after the
effective date of this amendment, whether the applicant is an
honorably discharged veteran
of the armed forces of the United
States and, if the applicant is
such an honorably discharged
veteran, whether the applicant wishes
the license issued to
indicate that the applicant is an honorably
discharged veteran of
the armed forces of the United States.
(B) Every applicant shall certify, on a form approved and
furnished by the registrar, all of the following:
(1) That the motor vehicle in which the applicant intends
to
take the driving skills test is representative of the type of
motor vehicle that the applicant expects to operate as a driver;
(2) That the applicant is not subject to any
disqualification
or out-of-service order, or license suspension,
revocation, or
cancellation, under the laws of this state, of
another state, or
of a foreign jurisdiction and does not have
more than one driver's
license issued by this or another state or
a foreign jurisdiction;
(3) Any additional information, certification, or evidence
that the registrar requires by rule in order to ensure that the
issuance of a commercial driver's license to the applicant is in
compliance with the law of this state and with federal law.
(C) Every applicant shall execute a form, approved and
furnished by the registrar, under which the applicant consents to
the release by the registrar of information from the applicant's
driving record.
(D) The registrar or a deputy registrar, in accordance with
section
3503.11 of the Revised Code, shall register as an elector
any applicant
for a commercial driver's license or for a renewal
or duplicate
of such a license under this chapter, 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
a renewal or duplicate.
(E) 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
commercial
driver's license or for a renewal
or duplicate of such a license
who is a resident of this state, if
the applicant is a registered
elector who has changed the
applicant's residence or name
and has not filed such a notice.
(F) In considering any application submitted pursuant to this
section, the bureau of motor vehicles may conduct any inquiries
necessary to ensure that issuance or renewal of a commercial
driver's license would not violate any provision of the Revised
Code or federal law.
(G) In addition to any other information it contains, on and
after the date that is fifteen months after the effective date of
this amendment, the
form approved and furnished by the registrar
of motor vehicles for
an application for a commercial driver's
license, restricted
commercial driver's license, or a commercial
driver's temporary
instruction permit or an application for a
duplicate of such a
license shall inform applicants that the
applicant must present a
copy of the applicant's DD-214 or an
equivalent document in order
to qualify to have the license or
duplicate indicate that the
applicant is an honorably discharged
veteran of the armed forces
of the United States based on a
request made pursuant to division
(A)(8) of this section.
Sec. 4506.11. (A) Every commercial driver's license shall
be
marked "commercial driver's license" or "CDL" and shall be of
such
material and so designed as to prevent its reproduction or
alteration without ready detection, and, to this end, shall be
laminated with a transparent plastic material. The commercial
driver's
license for licensees under twenty-one years of age shall
have characteristics
prescribed by the registrar of motor vehicles
distinguishing it from that
issued to a licensee who is twenty-one
years of age or older. Every
commercial
driver's license shall
display all of the following
information:
(1) The name and residence address of the licensee;
(2) A color photograph of the licensee showing the licensee's
uncovered face;
(3) A physical description of the licensee, including sex,
height, weight, and color of eyes and hair;
(4) The licensee's date of birth;
(5) The licensee's social security number
if the person has
requested that the number be displayed in accordance with section
4501.31 of the Revised Code or if federal law requires the social
security number to be displayed and any number
or other identifier
the director of public safety considers
appropriate and
establishes by rules adopted under Chapter 119.
of the Revised
Code and in compliance with federal law;
(6) The licensee's signature;
(7) The classes of commercial motor vehicles the licensee
is
authorized to drive and any endorsements or restrictions
relating
to the licensee's driving of those vehicles;
(8) The name of this state;
(9) The dates of issuance and of expiration of the
license;
(10) If the licensee has certified willingness to make an
anatomical donation under section 2108.04 of the Revised Code,
any
symbol chosen by the registrar of motor vehicles to indicate
that
the licensee has certified that willingness;
(11) If the licensee 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 licensee wishes the license
to
indicate that the licensee has executed either type of
instrument, any symbol chosen by the registrar to indicate that
the licensee
has executed either type of instrument;
(12) On and after the date that is fifteen months after the
effective date of this amendment, if the licensee has specified
that the licensee wishes
the license to indicate that the
licensee is an honorably
discharged veteran of the armed forces
of the United States and
has presented a copy of the licensee's
DD-214 form or an
equivalent document, any symbol chosen by the
registrar to
indicate that the licensee is an honorably
discharged veteran of
the armed forces of the United States;
(13) Any other information the registrar considers
advisable
and requires by rule.
(B) The registrar may establish and maintain a file of
negatives of photographs taken for the purposes of this section.
(C) Neither the registrar nor any deputy registrar shall
issue a commercial driver's license to anyone under twenty-one
years of age
that does not have the characteristics prescribed by
the registrar
distinguishing it from the commercial driver's
license issued to persons who
are twenty-one years of age or
older.
(D)
Whoever violates division (C) of this section is
guilty
of a minor misdemeanor.
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;
(g) On and after the date that is fifteen months after the
effective date of this amendment, whether the applicant is an
honorably discharged veteran
of the armed forces of the United
States and, if the applicant is
such an honorably discharged
veteran, whether the applicant wishes
the applicant's license to
indicate that the applicant is an
honorably discharged veteran of
the armed forces of the United
States.
(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.
(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.
(D) In addition to any other information it contains, on and
after the date that is fifteen months after the effective date of
this amendment, the
approved form furnished by the registrar of
motor vehicles for an
application for a driver's license or
motorcycle operator's
license or endorsement or an application
for a duplicate of any
such license or endorsement shall inform
applicants that the
applicant must present a copy of the
applicant's DD-214 or an
equivalent document in order to qualify
to have the license or
duplicate indicate that the applicant is
an honorably discharged
veteran of the armed forces of the United
States based on a
request made pursuant to division (A)(1)(g) of
this section.
Sec. 4507.13. (A) The registrar of motor vehicles shall
issue a driver's license to every person licensed as an operator
of motor vehicles other than commercial motor vehicles. No
person
licensed as a commercial motor vehicle driver under
Chapter 4506.
of the Revised Code need procure a driver's
license, but no person
shall drive any commercial motor vehicle
unless licensed as a
commercial motor vehicle driver.
Every driver's license shall display on it the distinguishing
number assigned to the licensee and shall display the licensee's
name
and date of birth;
the licensee's residence address and
county of
residence; a color photograph of the licensee; a brief
description
of the
licensee for the purpose
of identification; a
facsimile of
the signature of the licensee
as it appears on the
application for
the license; a notation, in a
manner
prescribed by
the registrar, indicating
any condition
described in
division
(D)(3) of section 4507.08 of the
Revised
Code
to which
the
licensee is subject; if the licensee 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 licensee
wishes the license
to indicate that the
licensee has
executed
either type of
instrument, any symbol chosen by the
registrar to
indicate that
the licensee has executed either type
of instrument;
on and after
the date that is fifteen months after the effective date of this
amendment, if the
licensee has specified that the licensee wishes
the license to
indicate that the licensee is an honorably
discharged veteran of
the armed forces of the United States and
has presented a copy of
the licensee's DD-214 form or an
equivalent document, any symbol
chosen by the registrar to
indicate that the licensee is an
honorably discharged veteran of
the armed forces of the United
States; and any
additional
information that the registrar
requires
by
rule.
No license
shall
display the
licensee's social
security
number unless the licensee
specifically requests
that the
licensee's social security number
be displayed on the license.
If
federal law requires the
licensee's social security number to
be
displayed
on the license,
the social security number shall be
displayed on the license
notwithstanding
this section.
The driver's license for licensees under twenty-one years of
age shall have
characteristics prescribed by the registrar
distinguishing it from that issued
to a licensee who is twenty-one
years of age or older, except that a
driver's license issued to a
person who applies no more than thirty days
before the applicant's
twenty-first birthday shall have the characteristics of
a license
issued to a person who is twenty-one years of age
or older.
The driver's license issued to a temporary resident shall
contain the word
"nonrenewable" and shall have any additional
characteristics prescribed by the
registrar distinguishing it from
a license issued to a resident.
Every driver's or commercial driver's license displaying
a
motorcycle operator's endorsement and every restricted license to
operate a motor vehicle also shall display the designation
"novice," if the endorsement or license is issued to a person who
is
eighteen years of age or older and previously has not been
licensed to operate a motorcycle by this state or another
jurisdiction recognized by this state. The "novice" designation
shall be effective for one year after the date of issuance of the
motorcycle operator's endorsement or license.
Each license issued under this section shall be of such
material and so designed as to prevent its reproduction or
alteration without ready detection and, to this end, shall be
laminated with a transparent plastic material.
(B) Except in regard to a driver's license 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 a driver's license to anyone under
twenty-one years of age that does not
have the characteristics
prescribed by the registrar distinguishing it from
the driver's
license issued to persons who are twenty-one years of age or
older.
(C)
Whoever violates division (B) of this section is
guilty
of a minor misdemeanor.
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,
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)(a) 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.
(b) On and after the date that is fifteen months after the
effective date of this amendment, the application also shall state
whether the applicant is
an honorably discharged veteran of the
armed forces of the United
States and, if the applicant is such
an honorably discharged
veteran, whether the applicant wishes the
identification card
issued to indicate that the applicant is an
honorably discharged
veteran of the armed forces of the United
States.
(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.
(C) In addition to any other information it contains, on and
after the date that is fifteen months after the effective date of
this amendment, the
form furnished by the registrar of motor
vehicles for an
application for an identification card or
duplicate shall inform
applicants that the applicant must present
a copy of the
applicant's DD-214 or an equivalent document in
order to qualify
to have the card or duplicate indicate that the
applicant is an
honorably discharged veteran of the armed forces
of the United
States based on a request made pursuant to division
(A)(2)(b) of
this section.
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. On and after the date that is fifteen months after
the effectve date of this amendment, if the cardholder has
specified that the cardholder
wishes the identification card to
indicate that the cardholder is
an honorably discharged veteran
of the armed forces of the United
States and has presented a copy
of the cardholder's DD-214 form or
an equivalent document, the
card also shall display any symbol
chosen by the registrar to
indicate that the cardholder is an
honorably discharged veteran
of the armed forces of the United
States. 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.
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.
Section 2. That existing sections 109.731, 311.42, 2923.125,
2923.1213, 2923.211, 3333.31, 4506.07, 4506.11, 4507.06, 4507.13,
4507.51, and 4507.52 of
the Revised Code
are hereby repealed.
Section 3. That Section 263.20.13 of Am. Sub. H.B. 119 of
the 127th General Assembly be amended to read as follows:
Sec. 263.20.13. OHIO MAIN STREET PROGRAM
Of the foregoing appropriation item 195-520, Ohio Main Street
Program, $500,000 in fiscal year 2008 shall be used for the
rebuilding and revitalization of downtown Wauseon following the
April 14, 2007, fire in that community. Such funds shall be used
by the mayor of Wauseon or the mayor's designee to provide grants
and matching grants to owners or their successors whose buildings
and property were damaged or destroyed by the fire. Such grants
shall only be used to supplement investments of owners or
successors who are rebuilding in the downtown location of the
fire. Any unspent portion of this amount encumbered for subsequent
fiscal years may be used for related off-site infrastructure
improvements including, but not limited to, the installation of
utility lines and the acquisition and demolition of adjoining
property for the purposes of site improvements and capital
improvements related to the implementation of sections 2923.125
and 2923.211 of the Revised Code.
Section 4. That existing Section 263.20.13 of Am. Sub. H.B.
119 of the 127th General Assembly is hereby repealed.
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