130th Ohio General Assembly
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H. B. No. 278  As Introduced
As Introduced

129th General Assembly
Regular Session
2011-2012
H. B. No. 278


Representatives Stebelton, Okey 

Cosponsors: Representatives Adams, R., Bubp, Combs, Foley, Grossman, Hollington, Huffman, Letson, Maag, McGregor, McKenney, Murray 



A BILL
To amend sections 4509.01, 4509.20, 4509.41, and 4509.51 of the Revised Code to increase the minimum amounts required for valid proof of financial responsibility and to amend sections 4509.01, 4509.20, 4509.41, and 4509.51 of the Revised Code two years after the effective date of this act to increase again the minimum amounts required for valid proof of financial responsibility.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4509.01, 4509.20, 4509.41, and 4509.51 of the Revised Code be amended to read as follows:
Sec. 4509.01.  As used in sections 4509.01 to 4509.78 of the Revised Code:
(A) "Person" includes every natural person, firm, partnership, association, or corporation.
(B) "Driver" means every person who drives or is in actual physical control of a motor vehicle.
(C) "License" includes any license, permit, or privilege to operate a motor vehicle issued under the laws of this state including:
(1) Any temporary instruction permit or examiner's driving permit;
(2) The privilege of any person to drive a motor vehicle whether or not such person holds a valid license;
(3) Any nonresident's operating privilege.
(D) "Owner" means a person who holds the legal title of a motor vehicle. If a motor vehicle is the subject of a lease with an immediate right of possession vested in the lessee, the lessee is the owner. A person listed as the owner on a certificate of title on which there is a notation of a security interest is the owner. A buyer or other transferee of a motor vehicle who receives the certificate of title from the seller or transferor listing the seller or transferor thereon as the owner with an assignment of title to the buyer or transferee nonetheless is the owner even though a subsequent certificate of title has not been issued listing the buyer or transferee as the owner.
(E) "Registration" means registration certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles.
(F) "Nonresident" means every person who is not a resident of this state.
(G) "Nonresident's operating privilege" means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by such person of a motor vehicle, or the use of a motor vehicle owned by such person, in this state.
(H) "Vehicle" means every device by which any person or property may be transported upon a highway, except electric personal assistive mobility devices, devices moved by power collected from overhead electric trolley wires, or used exclusively upon stationary rails or tracks, and except devices other than bicycles moved by human power.
(I) "Motor vehicle" means every vehicle propelled by power other than muscular power or power collected from overhead electric trolley wires, except motorized bicycles, road rollers, traction engines, power shovels, power cranes and other equipment used in construction work and not designed for or employed in general highway transportation, hole-digging machinery, well-drilling machinery, ditch-digging machinery, farm machinery, threshing machinery, hay baling machinery, and agricultural tractors and machinery used in the production of horticultural, floricultural, agricultural, and vegetable products.
(J) "Accident" or "motor vehicle accident" means any accident involving a motor vehicle which results in bodily injury to or death of any person, or damage to the property of any person in excess of four hundred dollars.
(K) "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of such proof, arising out of the ownership, maintenance, or use of a motor vehicle in the amount of twelve twenty thousand five hundred dollars because of bodily injury to or death of one person in any one accident, in the amount of twenty-five forty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and in the amount of seven fifteen thousand five hundred dollars because of injury to property of others in any one accident.
(L) "Motor-vehicle liability policy" means an "owner's policy" or an "operator's policy" of liability insurance, certified as provided in section 4509.46 or 4509.47 of the Revised Code as proof of financial responsibility, and issued, except as provided in section 4509.47 of the Revised Code, by an insurance carrier authorized to do business in this state, to or for the benefit of the person named therein as insured.
Sec. 4509.20.  (A) A policy or bond does not comply with divisions (A)(5), (A)(6), and (A)(7) of section 4509.19 of the Revised Code unless issued by an insurance company or surety company authorized to do business in this state, except as provided in division (B) of this section, or unless such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than twelve twenty thousand five hundred dollars because of bodily injury to or death of one person in any one accident, and, subject to said limit for one person, to a limit of not less than twenty-five forty thousand dollars because of bodily injury to or death of two or more persons in one accident, and, if the accident has resulted in injury to, or destruction of property, to a limit of not less than seven fifteen thousand five hundred dollars because of injury to or destruction of property of others in any one accident.
(B) A policy or bond does not comply with divisions (A) (5), (A) (6), and (A) (7) of section 4509.19 of the Revised Code with respect to any motor vehicle which was not registered in this state or was a motor vehicle which was registered elsewhere than in this state at the effective date of the policy or bond or the most recent renewal thereof, unless the insurance company or surety company issuing such policy or bond is authorized to do business in this state, or if said company is not authorized to do business in this state unless it executes a power of attorney authorizing the registrar of motor vehicles to accept service on its behalf of notice or process in any action upon such policy or bond arising out of such accident.
The registrar may rely upon the accuracy of the information in the required report of a motor vehicle accident as to the existence of insurance or a bond unless the registrar has reason to believe that the information is erroneous.
Sec. 4509.41.  (A) Judgments are satisfied for the purpose of sections 4509.01 to 4509.78, inclusive, of the Revised Code, in each of the following cases:
(1) When twelve twenty thousand five hundred dollars has been credited upon any judgments in excess of that amount because of bodily injury to or death of one person as a result of any one accident;
(2) When the sum of twenty-five forty thousand dollars has been credited upon any judgments in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident;
(3) When seven fifteen thousand five hundred dollars has been credited upon any judgments rendered in excess of that amount because of injury to property of others as a result of any one accident.
(B) Payments made in settlements of any claims because of bodily injury, death, or property damage arising from such accident shall be credited in reduction of the amounts provided for in this section.
Sec. 4509.51.  Subject to the terms and conditions of an owner's policy, every owner's policy of liability insurance:
(A) Shall designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby granted;
(B) Shall insure the person named therein and any other person, as insured, using any such motor vehicles with the express or implied permission of the insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of such vehicles within the United States or Canada, subject to monetary limits exclusive of interest and costs, with respect to each such motor vehicle, as follows:
(1) Twelve Twenty thousand five hundred dollars because of bodily injury to or death of one person in any one accident;
(2) Twenty-five Forty thousand dollars because of bodily injury to or death of two or more persons in any one accident;
(3) Seven Fifteen thousand five hundred dollars because of injury to property of others in any one accident.
Section 2. That existing sections 4509.01, 4509.20, 4509.41, and 4509.51 of the Revised Code are hereby repealed.
Section 3.  Sections 1 and 2 of this act shall take effect six months after the effective date of this act.
Section 4.  That sections 4509.01, 4509.20, 4509.41, and 4509.51 of the Revised Code, as amended by Section 1 of this act, be amended to read as follows:
Sec. 4509.01.  As used in sections 4509.01 to 4509.78 of the Revised Code:
(A) "Person" includes every natural person, firm, partnership, association, or corporation.
(B) "Driver" means every person who drives or is in actual physical control of a motor vehicle.
(C) "License" includes any license, permit, or privilege to operate a motor vehicle issued under the laws of this state including:
(1) Any temporary instruction permit or examiner's driving permit;
(2) The privilege of any person to drive a motor vehicle whether or not such person holds a valid license;
(3) Any nonresident's operating privilege.
(D) "Owner" means a person who holds the legal title of a motor vehicle. If a motor vehicle is the subject of a lease with an immediate right of possession vested in the lessee, the lessee is the owner. A person listed as the owner on a certificate of title on which there is a notation of a security interest is the owner. A buyer or other transferee of a motor vehicle who receives the certificate of title from the seller or transferor listing the seller or transferor thereon as the owner with an assignment of title to the buyer or transferee nonetheless is the owner even though a subsequent certificate of title has not been issued listing the buyer or transferee as the owner.
(E) "Registration" means registration certificates and registration plates issued under the laws of this state pertaining to the registration of motor vehicles.
(F) "Nonresident" means every person who is not a resident of this state.
(G) "Nonresident's operating privilege" means the privilege conferred upon a nonresident by the laws of this state pertaining to the operation by such person of a motor vehicle, or the use of a motor vehicle owned by such person, in this state.
(H) "Vehicle" means every device by which any person or property may be transported upon a highway, except electric personal assistive mobility devices, devices moved by power collected from overhead electric trolley wires, or used exclusively upon stationary rails or tracks, and except devices other than bicycles moved by human power.
(I) "Motor vehicle" means every vehicle propelled by power other than muscular power or power collected from overhead electric trolley wires, except motorized bicycles, road rollers, traction engines, power shovels, power cranes and other equipment used in construction work and not designed for or employed in general highway transportation, hole-digging machinery, well-drilling machinery, ditch-digging machinery, farm machinery, threshing machinery, hay baling machinery, and agricultural tractors and machinery used in the production of horticultural, floricultural, agricultural, and vegetable products.
(J) "Accident" or "motor vehicle accident" means any accident involving a motor vehicle which results in bodily injury to or death of any person, or damage to the property of any person in excess of four hundred dollars.
(K) "Proof of financial responsibility" means proof of ability to respond in damages for liability, on account of accidents occurring subsequent to the effective date of such proof, arising out of the ownership, maintenance, or use of a motor vehicle in the amount of twenty twenty-five thousand dollars because of bodily injury to or death of one person in any one accident, in the amount of forty fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident, and in the amount of fifteen twenty-five thousand dollars because of injury to property of others in any one accident.
(L) "Motor-vehicle liability policy" means an "owner's policy" or an "operator's policy" of liability insurance, certified as provided in section 4509.46 or 4509.47 of the Revised Code as proof of financial responsibility, and issued, except as provided in section 4509.47 of the Revised Code, by an insurance carrier authorized to do business in this state, to or for the benefit of the person named therein as insured.
Sec. 4509.20.  (A) A policy or bond does not comply with divisions (A)(5), (A)(6), and (A)(7) of section 4509.19 of the Revised Code unless issued by an insurance company or surety company authorized to do business in this state, except as provided in division (B) of this section, or unless such policy or bond is subject, if the accident has resulted in bodily injury or death, to a limit, exclusive of interest and costs, of not less than twenty twenty-five thousand dollars because of bodily injury to or death of one person in any one accident, and, subject to said limit for one person, to a limit of not less than forty fifty thousand dollars because of bodily injury to or death of two or more persons in one accident, and, if the accident has resulted in injury to, or destruction of property, to a limit of not less than fifteen twenty-five thousand dollars because of injury to or destruction of property of others in any one accident.
(B) A policy or bond does not comply with divisions (A) (5), (A) (6), and (A) (7) of section 4509.19 of the Revised Code with respect to any motor vehicle which was not registered in this state or was a motor vehicle which was registered elsewhere than in this state at the effective date of the policy or bond or the most recent renewal thereof, unless the insurance company or surety company issuing such policy or bond is authorized to do business in this state, or if said company is not authorized to do business in this state unless it executes a power of attorney authorizing the registrar of motor vehicles to accept service on its behalf of notice or process in any action upon such policy or bond arising out of such accident.
The registrar may rely upon the accuracy of the information in the required report of a motor vehicle accident as to the existence of insurance or a bond unless the registrar has reason to believe that the information is erroneous.
Sec. 4509.41.  (A) Judgments are satisfied for the purpose of sections 4509.01 to 4509.78 of the Revised Code, in each of the following cases:
(1) When twenty twenty-five thousand dollars has been credited upon any judgments in excess of that amount because of bodily injury to or death of one person as a result of any one accident;
(2) When the sum of forty fifty thousand dollars has been credited upon any judgments in excess of that amount because of bodily injury to or death of two or more persons as the result of any one accident;
(3) When fifteen twenty-five thousand dollars has been credited upon any judgments rendered in excess of that amount because of injury to property of others as a result of any one accident.
(B) Payments made in settlements of any claims because of bodily injury, death, or property damage arising from such accident shall be credited in reduction of the amounts provided for in this section.
Sec. 4509.51.  Subject to the terms and conditions of an owner's policy, every owner's policy of liability insurance:
(A) Shall designate by explicit description or by appropriate reference all motor vehicles with respect to which coverage is thereby granted;
(B) Shall insure the person named therein and any other person, as insured, using any such motor vehicles with the express or implied permission of the insured, against loss from the liability imposed by law for damages arising out of the ownership, maintenance, or use of such vehicles within the United States or Canada, subject to monetary limits exclusive of interest and costs, with respect to each such motor vehicle, as follows:
(1) Twenty Twenty-five thousand dollars because of bodily injury to or death of one person in any one accident;
(2) Forty Fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident;
(3) Fifteen Twenty-five thousand dollars because of injury to property of others in any one accident.
Section 5.  That existing sections 4509.01, 4509.20, 4509.41, and 4509.51 of the Revised Code are hereby repealed.
Section 6.  Sections 4 and 5 of this act shall take effect two years after the effective date of this act.
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