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Sub. H. B. No. 187 As Reported by the House State Government CommitteeAs Reported by the House State Government Committee
128th General Assembly | Regular Session | 2009-2010 |
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Cosponsors:
Representatives Snitchler, Hackett, Derickson, Maag, Grossman, Bacon, Stewart, Combs, Bubp, Stebelton, Blair, Yuko, Gerberry, Lundy, Williams, B., Adams, J., Hall
A BILL
To amend section 4503.102 of the Revised Code
generally to
require deputy
registrars to accept
debit cards
by automated teller machines, and to
allow deputy
registrars to accept debit cards and
credit
cards
by other means,
for all
state-related transactions
they
process.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4503.102 of the Revised Code be
amended to read as follows:
Sec. 4503.102. (A) The registrar of motor vehicles shall
adopt rules to establish a centralized system of motor vehicle
registration renewal by mail or by electronic means. Any person
owning
a motor vehicle that was registered in the person's name
during the
preceding registration
year shall renew the
registration of the motor vehicle not more than ninety
days prior
to the expiration date of the registration either by
mail or by
electronic means through the
centralized system of registration
established
under this section, or in person at any office of the
registrar or at a deputy registrar's office.
(B)(1) No less than forty-five days prior to the expiration
date of any motor vehicle registration, the registrar shall mail
a
renewal notice to the person in whose name the motor
vehicle is
registered. The renewal notice shall clearly state
that the
registration of the motor vehicle may be renewed by mail
or
electronic means
through the centralized system of registration or
in person at any office
of
the registrar or at a deputy
registrar's office and shall be preprinted
with information
including, but not limited to, the owner's name and
residence
address as shown in the records of the bureau of motor
vehicles, a
brief description of the motor vehicle to be
registered, notice of
the license taxes and fees due on the motor
vehicle, the toll-free
telephone number of the registrar as
required under division
(D)(1) of section 4503.031 of the Revised
Code, and any additional
information the registrar may require by
rule. The renewal notice
shall not include the social security number of either the owner
of the motor vehicle or the person in whose name the motor vehicle
is registered. The renewal notice
shall be sent by regular mail to
the owner's last known address as
shown in the records of the
bureau
of motor vehicles.
(2) If the application for
renewal of the registration of a
motor vehicle is prohibited from being
accepted by the registrar
or a deputy registrar by division (D) of section 2935.27, division
(A) of section 2937.221, division (A) of section
4503.13, division
(B) of section
4510.22,
or division (B)(1) of section
4521.10 of
the Revised Code, the registrar is
not required to send
a renewal
notice to the vehicle owner or vehicle lessee.
(C) The owner of the motor vehicle shall verify the
information contained in the notice, sign it either manually or by
electronic means, and return it, either by mail or electronic
means, or
the owner may take it in
person to any office of the
registrar or of a deputy registrar,
together with a financial
transaction device number,
when permitted by rule of the
registrar, check, or money order in the amount of the
registration
taxes and fees payable on the motor vehicle and a
mail fee of
two
dollars and
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, plus
postage as
indicated on the notice, if the registration
is renewed
by mail,
and an inspection certificate for the motor
vehicle as
provided
in section 3704.14 of the Revised Code. If
the motor
vehicle owner chooses
to renew the motor vehicle
registration by
electronic means,
the owner shall proceed in
accordance with the
rules the registrar adopts.
(D) If all registration and transfer fees for the motor
vehicle for the preceding year or the preceding period of the
current registration year have not been paid, if division (D) of
section 2935.27, division (A) of section 2937.221, division (A) of
section 4503.13, division
(B) of section
4510.22, or
division
(B)(1) of section
4521.10 of the Revised Code prohibits
acceptance
of the renewal notice, or if
the owner or lessee does
not have an
inspection certificate for the motor
vehicle as
provided in
section 3704.14 of the Revised Code, if
that section
is
applicable, the license shall be refused, and the
registrar or
deputy registrar shall so notify the owner. This
section does not
require the payment of license or registration
taxes on a motor
vehicle for any preceding year, or for any
preceding period of a
year, if the motor vehicle was not taxable
for that preceding year
or period under section 4503.02, 4503.04,
4503.11, 4503.12, or
4503.16 or Chapter 4504. of the Revised
Code.
(E)(1) Failure to receive a renewal notice does not
relieve
a
motor vehicle owner from the responsibility to renew the
registration for the motor vehicle. Any person who has a motor
vehicle registered in this state and who does not receive a
renewal notice as provided in division (B) of this section prior
to the expiration date of the registration shall request an
application for registration from the registrar or a deputy
registrar and sign the application
manually or by electronic means
and submit the application and
pay any applicable
license taxes
and fees to the registrar or deputy registrar.
(2) If the owner of a motor vehicle submits an application
for
registration and the registrar is prohibited by division (D)
of
section 2935.27, division (A) of section 2937.221, division (A)
of
section 4503.13, division
(B) of section
4510.22, or
division
(B)(1) of section
4521.10 of the Revised Code from
accepting the
application, the registrar
shall return the
application and the
payment to the owner. If the owner of a motor
vehicle
submits a
registration renewal application to the
registrar by electronic
means and the registrar is prohibited from
accepting the
application as provided in this division, the
registrar shall
notify the
owner of this fact and deny the
application and return
the payment or give a
credit on the
financial transaction device
account
of the owner in
the manner
the registrar prescribes by
rule adopted pursuant to division
(A)
of this section.
(F) Every deputy registrar shall post in a prominent place
at
the deputy's office a notice informing the public of the
mail
registration system required by this section and also shall post
a
notice that every owner of a motor vehicle and every chauffeur
holding a certificate of registration is required to notify the
registrar in writing of any change of residence within ten days
after the change occurs. The notice shall be in such form as the
registrar prescribes by rule.
(G) The
two dollars and
seventy-five cents fee
collected
from
July 1, 2001, through December 31, 2002, the three
dollars
and
twenty-five cents fee collected from January 1, 2003,
through
December 31, 2003, and the three dollars and fifty cents
fee
collected after January 1, 2004, plus
postage and any
financial
transaction device
surcharge collected by the registrar
for
registration by mail, shall be paid to the credit of the
state
bureau of motor vehicles fund
established by section 4501.25 of
the Revised Code.
(H)(1) Pursuant to section 113.40 of the Revised Code, the
registrar may
implement a program
permitting payment of motor
vehicle
registration taxes and fees,
driver's license and
commercial
driver's license fees, and any
other taxes, fees,
penalties, or
charges imposed or levied by the state
by means of
a
financial
transaction device.
The registrar may
adopt rules
as
necessary for this purpose.
(2) Commencing (a) Except as otherwise provided in division
(H)(2)(c) of this section, commencing with deputy registrar
contract awards that
have a start date of July 1, 2008 2010, and
for all contract
awards
thereafter, the registrar shall
incorporate in the review
process
a score for whether or not a
proposer states that the
proposer
will require all deputy
registrars to accept payment by
means of a financial transaction
device,
including credit cards
and debit cards through the use
of a deputy-supplied cash or
cashless automated teller machine,
for all any department of
public
safety transactions
conducted
at that by the deputy registrar
location. The bureau of motor
vehicles shall not be
required to pay any costs associated with
the use of the automated
teller machine. The deputy registrar
shall not be required to pay any additional fees or expenses
except as permitted to be in full compliance with all federal and
state laws, including the "Truth in Lending Act," 82 Stat. 146
(1968), 15 U.S.C 1601, or those that are related to the setup or
maintenance of the automated teller machine. Customers of the
bureau shall not be required to pay any additional fees or
expenses except as permitted to
be in full compliance with all
federal and state laws, including
the "Truth in Lending Act."
A deputy registrar shall not be required to accept payment by
means of a financial transaction device unless the deputy
registrar agreed to do so in the deputy registrar's contract. The
bureau shall not be required to pay any costs incurred by a deputy
registrar who accepts payment by means of a financial transaction
device that result from the deputy registrar accepting payment by
means of a financial transaction device.
(b) The registrar may permit any deputy registrar to accept
credit cards and debit cards by an over-the-counter method in lieu
of the cash or cashless automated teller machine. The bureau of
motor vehicles shall not be required to pay any costs associated
with the use of the over-the-counter method. Customers of the
bureau and the deputy registrar shall not be required to pay any
additional fees
or expenses except as permitted to be in full
compliance with all
federal and state laws, including the "Truth
in Lending Act."
(c) The registrar may exempt a deputy registrar from
accepting payments by means of debit cards through the use of a
deputy-supplied cash or cashless automated teller machine under
division (H)(2)(a) of this section if the registrar determines
that the deputy registrar location does not meet a specified
annual transaction threshold the registrar determines, if there
are existing automated teller machines readily available in a
location relative to the deputy registrar's office, or for any
other reason the registrar determines.
(3) A county auditor or clerk of a court of common pleas that
is designated a deputy registrar
may choose to accept payment by
means of a financial transaction
device, including credit cards
and debit cards, for all department
of public safety transactions
conducted at the office of the
county auditor or clerk of a court
of common pleas in the county auditor's or clerk's capacity as
deputy
registrar. The bureau shall not be required to pay any
costs
incurred by a county auditor or clerk of a court of common
pleas who accepts payment by means of a
financial transaction
device that result from the county auditor
accepting payment by
means of a financial transaction device for
any such department
of public safety transaction.
(I) For persons who reside in counties where tailpipe
emissions inspections are required under the motor vehicle
inspection and maintenance program, the notice required by
division (B) of this section shall also include the toll-free
telephone number maintained by the Ohio environmental protection
agency to provide information concerning the locations of
emissions testing centers.
Section 2. That existing section 4503.102 of the Revised Code
is hereby repealed.
Section 3. Section 4503.102 of the Revised Code is
presented in
this act as a composite of the section as amended by
both H.B. 13 and Am. Sub. H.B. 119 of
the 127th General Assembly.
The General Assembly, applying the
principle stated in division
(B) of section 1.52 of the Revised
Code that amendments are to be
harmonized if reasonably capable of
simultaneous operation, finds
that the composite is the resulting
version of the section in
effect prior to the effective date of
the section as presented in
this act.
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