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H. B. No. 155 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Ramos, Reece
Cosponsors:
Representatives Driehaus, Antonio, Foley, Phillips, Hagan, R.
A BILL
To amend sections 4507.05 and 4507.06 of the Revised
Code to allow a person who has been approved for
the Deferred Action for Childhood Arrivals program
by United States Citizenship and Immigration
Services to obtain a temporary instruction permit,
driver's license, or motorcycle operator's license
or endorsement and to amend the versions of
sections 4507.05 and 4507.06 of the Revised Code
that are scheduled to take effect January 1, 2017,
to continue the provisions of this act on and
after that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4507.05 and 4507.06 of the Revised
Code be amended to read as follows:
Sec. 4507.05. (A) The registrar of motor vehicles, or a
deputy registrar, upon receiving an application for a temporary
instruction permit and a temporary instruction permit
identification card for a driver's license from any person who is
at least fifteen years six months of age, may issue such a permit
and identification card entitling the applicant to drive a motor
vehicle, other than a commercial motor vehicle, upon the highways
under the following conditions:
(1) If the permit is issued to a person who is at least
fifteen years six months of age, but less than sixteen years of
age:
(a) The permit and identification card are in the holder's
immediate possession;
(b) The holder is accompanied by an eligible adult who
actually occupies the seat beside the permit holder and does not
have a prohibited concentration of alcohol in the whole blood,
blood serum or plasma, breath, or urine as provided in division
(A) of section 4511.19 of the Revised Code;
(c) The total number of occupants of the vehicle does not
exceed the total number of occupant restraining devices originally
installed in the motor vehicle by its manufacturer, and each
occupant of the vehicle is wearing all of the available elements
of a properly adjusted occupant restraining device.
(2) If the permit is issued to a person who is at least
sixteen years of age:
(a) The permit and identification card are in the holder's
immediate possession;
(b) The holder is accompanied by a licensed operator who is
at least twenty-one years of age, is actually occupying a seat
beside the driver, and does not have a prohibited concentration of
alcohol in the whole blood, blood serum or plasma, breath, or
urine as provided in division (A) of section 4511.19 of the
Revised Code;
(c) The total number of occupants of the vehicle does not
exceed the total number of occupant restraining devices originally
installed in the motor vehicle by its manufacturer, and each
occupant of the vehicle is wearing all of the available elements
of a properly adjusted occupant restraining device.
(B) The registrar or a deputy registrar, upon receiving from
any person an application for a temporary instruction permit and
temporary instruction permit identification card to operate a
motorcycle or motorized bicycle, may issue such a permit and
identification card entitling the applicant, while having the
permit and identification card in the applicant's immediate
possession, to drive a motorcycle under the restrictions
prescribed in section 4511.53 of the Revised Code, or to drive a
motorized bicycle under restrictions determined by the registrar.
A temporary instruction permit and temporary instruction permit
identification card to operate a motorized bicycle may be issued
to a person fourteen or fifteen years old.
(C) Any permit and identification card issued under this
section shall be issued in the same manner as a driver's license
under section 4507.06 of the Revised Code, upon a form to be
furnished by the registrar. A temporary instruction permit to
drive a motor vehicle other than a commercial motor vehicle shall
be valid for a period of one year.
(D) Any person having in the person's possession a valid and
current driver's license or motorcycle operator's license or
endorsement issued to the person by another jurisdiction
recognized by this state is exempt from obtaining a temporary
instruction permit for a driver's license, but shall submit to the
regular examination in obtaining a driver's license or motorcycle
operator's endorsement in this state.
(E) The registrar may adopt rules governing the use of
temporary instruction permits and temporary instruction permit
identification cards.
(F)(1) No holder of a permit issued under division (A) of
this section shall operate a motor vehicle upon a highway or any
public or private property used by the public for purposes of
vehicular travel or parking in violation of the conditions
established under division (A) of this section.
(2) Except as provided in division (F)(2) of this section, no
holder of a permit that is issued under division (A) of this
section and that is issued on or after July 1, 1998, and who has
not attained the age of eighteen years, shall operate a motor
vehicle upon a highway or any public or private property used by
the public for purposes of vehicular travel or parking between the
hours of midnight and six a.m.
The holder of a permit issued under division (A) of this
section on or after July 1, 1998, who has not attained the age of
eighteen years, may operate a motor vehicle upon a highway or any
public or private property used by the public for purposes of
vehicular travel or parking between the hours of midnight and six
a.m. if, at the time of such operation, the holder is accompanied
by the holder's parent, guardian, or custodian, and the parent,
guardian, or custodian holds a current valid driver's or
commercial driver's license issued by this state, is actually
occupying a seat beside the permit holder, and does not have a
prohibited concentration of alcohol in the whole blood, blood
serum or plasma, breath, or urine as provided in division (A) of
section 4511.19 of the Revised Code.
(G)(1) Notwithstanding any other provision of law to the
contrary, no law enforcement officer shall cause the operator of a
motor vehicle being operated on any street or highway to stop the
motor vehicle for the sole purpose of determining whether each
occupant of the motor vehicle is wearing all of the available
elements of a properly adjusted occupant restraining device as
required by division (A) of this section, or for the sole purpose
of issuing a ticket, citation, or summons if the requirement in
that division has been or is being violated, or for causing the
arrest of or commencing a prosecution of a person for a violation
of that requirement.
(2) Notwithstanding any other provision of law to the
contrary, no law enforcement officer shall cause the operator of a
motor vehicle being operated on any street or highway to stop the
motor vehicle for the sole purpose of determining whether a
violation of division (F)(2) of this section has been or is being
committed or for the sole purpose of issuing a ticket, citation,
or summons for such a violation or for causing the arrest of or
commencing a prosecution of a person for such violation.
(H) As used in this section:
(1) "Eligible adult" means any of the following:
(a) An instructor of a driver training course approved by the
department of public safety;
(b) Any of the following persons who holds a current valid
driver's or commercial driver's license issued by this state:
(i) A parent, guardian, or custodian of the permit holder;
(ii) A person twenty-one years of age or older who acts in
loco parentis of the permit holder.
(2) "Occupant restraining device" has the same meaning as in
section 4513.263 of the Revised Code.
(I) Whoever violates division (F)(1) or (2) 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 2108.05 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 October 7, 2009, whether the applicant is a
veteran, active duty, or reservist of the armed forces of the
United States and, if the applicant is such, whether the applicant
wishes the applicant's license to indicate that the applicant is a
veteran, active duty, or reservist of the armed forces of the
United States by a military designation on the license.
(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) A person who has been approved for the deferred action
for childhood arrivals program by United States citizenship and
immigration services shall be eligible to receive a driver's
license or motorcycle operator's license or endorsement. At the
time of application for such a license or endorsement, the person
shall present to the registrar or deputy registrar either the
notice of decision or employment authorization document issued by
United States citizenship and immigration services. Upon the
presentation of either document, the person shall not be required
to prove legal presence in the United States as is otherwise
required under rules adopted by the registrar, but shall be
required to meet all other applicable requirements related to the
issuance of the license or endorsement.
The registrar and deputy registrars shall train any employee
who works with the public about the deferred action for childhood
arrivals program and the eligibility of a person who has been
approved for the program to receive a driver's license or
motorcycle operator's license or endorsement. The registrar shall
establish appropriate procedures for the training.
(C) 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)(D) 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)(E) In addition to any other information it contains, on
and after October 7, 2009, 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 a veteran, active duty, or reservist of the armed
forces of the United States based on a request made pursuant to
division (A)(1)(g) of this section.
Section 2. That existing sections 4507.05 and 4507.06 of the
Revised Code are hereby repealed.
Section 3. That the versions of sections 4507.05 and 4507.06
of the Revised Code that are scheduled to take effect January 1,
2017, be amended to read as follows:
Sec. 4507.05. (A) The registrar of motor vehicles, or a
deputy registrar, upon receiving an application for a temporary
instruction permit and a temporary instruction permit
identification card for a driver's license from any person who is
at least fifteen years six months of age, may issue such a permit
and identification card entitling the applicant to drive a motor
vehicle, other than a commercial motor vehicle, upon the highways
under the following conditions:
(1) If the permit is issued to a person who is at least
fifteen years six months of age, but less than sixteen years of
age:
(a) The permit and identification card are in the holder's
immediate possession;
(b) The holder is accompanied by an eligible adult who
actually occupies the seat beside the permit holder and does not
have a prohibited concentration of alcohol in the whole blood,
blood serum or plasma, breath, or urine as provided in division
(A) of section 4511.19 of the Revised Code;
(c) The total number of occupants of the vehicle does not
exceed the total number of occupant restraining devices originally
installed in the motor vehicle by its manufacturer, and each
occupant of the vehicle is wearing all of the available elements
of a properly adjusted occupant restraining device.
(2) If the permit is issued to a person who is at least
sixteen years of age:
(a) The permit and identification card are in the holder's
immediate possession;
(b) The holder is accompanied by a licensed operator who is
at least twenty-one years of age, is actually occupying a seat
beside the driver, and does not have a prohibited concentration of
alcohol in the whole blood, blood serum or plasma, breath, or
urine as provided in division (A) of section 4511.19 of the
Revised Code;
(c) The total number of occupants of the vehicle does not
exceed the total number of occupant restraining devices originally
installed in the motor vehicle by its manufacturer, and each
occupant of the vehicle is wearing all of the available elements
of a properly adjusted occupant restraining device.
(B) The registrar or a deputy registrar, upon receiving from
any person an application for a temporary instruction permit and
temporary instruction permit identification card to operate a
motorcycle, motor-driven cycle or motor scooter, or motorized
bicycle, may issue such a permit and identification card entitling
the applicant, while having the permit and identification card in
the applicant's immediate possession, to drive a motorcycle or
motor-driven cycle or motor scooter, under the restrictions
prescribed in section 4511.53 of the Revised Code, or to drive a
motorized bicycle under restrictions determined by the registrar.
A temporary instruction permit and temporary instruction permit
identification card to operate a motorized bicycle may be issued
to a person fourteen or fifteen years old.
(C) Any permit and identification card issued under this
section shall be issued in the same manner as a driver's license
under section 4507.06 of the Revised Code, upon a form to be
furnished by the registrar. A temporary instruction permit to
drive a motor vehicle other than a commercial motor vehicle shall
be valid for a period of one year.
(D) Any person having in the person's possession a valid and
current driver's license or motorcycle operator's license or
endorsement issued to the person by another jurisdiction
recognized by this state is exempt from obtaining a temporary
instruction permit for a driver's license, but shall submit to the
regular examination in obtaining a driver's license or motorcycle
operator's endorsement in this state.
(E) The registrar may adopt rules governing the use of
temporary instruction permits and temporary instruction permit
identification cards.
(F)(1) No holder of a permit issued under division (A) of
this section shall operate a motor vehicle upon a highway or any
public or private property used by the public for purposes of
vehicular travel or parking in violation of the conditions
established under division (A) of this section.
(2) Except as provided in division (F)(2) of this section, no
holder of a permit that is issued under division (A) of this
section and that is issued on or after July 1, 1998, and who has
not attained the age of eighteen years, shall operate a motor
vehicle upon a highway or any public or private property used by
the public for purposes of vehicular travel or parking between the
hours of midnight and six a.m.
The holder of a permit issued under division (A) of this
section on or after July 1, 1998, who has not attained the age of
eighteen years, may operate a motor vehicle upon a highway or any
public or private property used by the public for purposes of
vehicular travel or parking between the hours of midnight and six
a.m. if, at the time of such operation, the holder is accompanied
by the holder's parent, guardian, or custodian, and the parent,
guardian, or custodian holds a current valid driver's or
commercial driver's license issued by this state, is actually
occupying a seat beside the permit holder, and does not have a
prohibited concentration of alcohol in the whole blood, blood
serum or plasma, breath, or urine as provided in division (A) of
section 4511.19 of the Revised Code.
(G)(1) Notwithstanding any other provision of law to the
contrary, no law enforcement officer shall cause the operator of a
motor vehicle being operated on any street or highway to stop the
motor vehicle for the sole purpose of determining whether each
occupant of the motor vehicle is wearing all of the available
elements of a properly adjusted occupant restraining device as
required by division (A) of this section, or for the sole purpose
of issuing a ticket, citation, or summons if the requirement in
that division has been or is being violated, or for causing the
arrest of or commencing a prosecution of a person for a violation
of that requirement.
(2) Notwithstanding any other provision of law to the
contrary, no law enforcement officer shall cause the operator of a
motor vehicle being operated on any street or highway to stop the
motor vehicle for the sole purpose of determining whether a
violation of division (F)(2) of this section has been or is being
committed or for the sole purpose of issuing a ticket, citation,
or summons for such a violation or for causing the arrest of or
commencing a prosecution of a person for such violation.
(H) As used in this section:
(1) "Eligible adult" means any of the following:
(a) An instructor of a driver training course approved by the
department of public safety;
(b) Any of the following persons who holds a current valid
driver's or commercial driver's license issued by this state:
(i) A parent, guardian, or custodian of the permit holder;
(ii) A person twenty-one years of age or older who acts in
loco parentis of the permit holder.
(2) "Occupant restraining device" has the same meaning as in
section 4513.263 of the Revised Code.
(I) Whoever violates division (F)(1) or (2) of this section
is guilty of a minor misdemeanor.
Sec. 4507.06. (A)(1) Every application for a driver's
license, motorcycle operator's license or endorsement, or
motor-driven cycle or motor scooter 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,
duplicate license containing a motorcycle operator endorsement, or
duplicate license containing a motor-driven cycle or motor scooter
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 2108.05 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 October 7, 2009, whether the applicant is a
veteran, active duty, or reservist of the armed forces of the
United States and, if the applicant is such, whether the applicant
wishes the applicant's license to indicate that the applicant is a
veteran, active duty, or reservist of the armed forces of the
United States by a military designation on the license.
(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) A person who has been approved for the deferred action
for childhood arrivals program by United States citizenship and
immigration services shall be eligible to receive a driver's
license or motorcycle operator's license or endorsement. At the
time of application for such a license or endorsement, the person
shall present to the registrar or deputy registrar either the
notice of decision or employment authorization document issued by
United States citizenship and immigration services. Upon the
presentation of either document, the person shall not be required
to prove legal presence in the United States as is otherwise
required under rules adopted by the registrar, but shall be
required to meet all other applicable requirements related to the
issuance of the license or endorsement.
The registrar and deputy registrars shall train any employee
who works with the public about the deferred action for childhood
arrivals program and the eligibility of a person who has been
approved for the program to receive a driver's license or
motorcycle operator's license or endorsement. The registrar shall
establish appropriate procedures for the training.
(C) 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 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)(D) 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)(E) In addition to any other information it contains, on
and after October 7, 2009, the approved form furnished by the
registrar of motor vehicles for an application for a 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 a veteran, active duty, or reservist of the armed
forces of the United States based on a request made pursuant to
division (A)(1)(g) of this section.
Section 4. That the existing versions of sections 4507.05
and 4507.06 of the Revised Code that are scheduled to take effect
January 1, 2017, are hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect
January 1, 2017.
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