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H. B. No. 346 As Reported by the House Transportation, Public Safety, and Homeland Security CommitteeAs Reported by the House Transportation, Public Safety, and Homeland Security Committee
130th General Assembly | Regular Session | 2013-2014 |
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Representative Damschroder
Cosponsors:
Representatives Foley, Wachtmann, Brenner, Ruhl, Terhar, Hackett, Grossman, Smith, DeVitis, Barborak, Milkovich, Retherford, Rogers, Becker, Thompson, Celebrezze, Mallory, Green, Hagan, R., Johnson
A BILL
To amend sections 4506.01, 4506.11, 4507.01, 4507.13,
and 4507.52 and to enact sections 4506.072,
4507.021, 4507.061, and 4507.511 of the Revised
Code, to amend the version of section 4507.01 of
the Revised Code that is scheduled to take effect
January 1, 2017, to continue the provisions of
this act on and after that effective date, to
authorize the issuance of an enhanced driver's
license, enhanced commercial driver's license, and
enhanced identification card to facilitate land
and sea border crossings between the United States
and Canada and Mexico, pursuant to an agreement
with the United States Department of Homeland
Security.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4506.01, 4506.11, 4507.01, 4507.13,
and 4507.52 be amended and sections 4506.072, 4507.021, 4507.061,
and 4507.511 of the Revised Code be enacted to read as follows:
Sec. 4506.01. As used in this chapter:
(A) "Alcohol concentration" means the concentration of
alcohol in a person's blood, breath, or urine. When expressed as a
percentage, it means grams of alcohol per the following:
(1) One hundred milliliters of whole blood, blood serum, or
blood plasma;
(2) Two hundred ten liters of breath;
(3) One hundred milliliters of urine.
(B)(1) "Commercial driver's license" means a license issued
in accordance with this chapter that authorizes an individual to
drive a commercial motor vehicle.
Except as otherwise specifically
provided, "commercial driver's license" includes "enhanced
commercial driver's license."
(2) "Enhanced commercial driver's license" means a commercial
driver's license issued in accordance with section 4506.072 of the
Revised Code that denotes citizenship and identity and is approved
by the United States secretary of homeland security for purposes
of entering the United States and that contains technology and
security features approved by the secretary of homeland security.
(C) "Commercial driver's license information system" means
the information system established pursuant to the requirements of
the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.
3207-171, 49 U.S.C.A. App. 2701.
(D) Except when used in section 4506.25 of the Revised Code,
"commercial motor vehicle" means any motor vehicle designed or
used to transport persons or property that meets any of the
following qualifications:
(1) Any combination of vehicles with a combined gross vehicle
weight rating of twenty-six thousand one pounds or more, provided
the gross vehicle weight rating of the vehicle or vehicles being
towed is in excess of ten thousand pounds;
(2) Any single vehicle with a gross vehicle weight rating of
twenty-six thousand one pounds or more, or any such vehicle towing
a vehicle having a gross vehicle weight rating that is not in
excess of ten thousand pounds;
(3) Any single vehicle or combination of vehicles that is not
a class A or class B vehicle, but is designed to transport sixteen
or more passengers including the driver;
(4) Any school bus with a gross vehicle weight rating of less
than twenty-six thousand one pounds that is designed to transport
fewer than sixteen passengers including the driver;
(5) Is transporting hazardous materials for which placarding
is required under subpart F of 49 C.F.R. part 172, as amended;
(6) Any single vehicle or combination of vehicles that is
designed to be operated and to travel on a public street or
highway and is considered by the federal motor carrier safety
administration to be a commercial motor vehicle, including, but
not limited to, a motorized crane, a vehicle whose function is to
pump cement, a rig for drilling wells, and a portable crane.
(E) "Controlled substance" means all of the following:
(1) Any substance classified as a controlled substance under
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.
802(6), as amended;
(2) Any substance included in schedules I through V of 21
C.F.R. part 1308, as amended;
(F) "Conviction" means an unvacated adjudication of guilt or
a determination that a person has violated or failed to comply
with the law in a court of original jurisdiction or an authorized
administrative tribunal, an unvacated forfeiture of bail or
collateral deposited to secure the person's appearance in court, a
plea of guilty or nolo contendere accepted by the court, the
payment of a fine or court cost, or violation of a condition of
release without bail, regardless of whether or not the penalty is
rebated, suspended, or probated.
(G) "Disqualification" means any of the following:
(1) The suspension, revocation, or cancellation of a person's
privileges to operate a commercial motor vehicle;
(2) Any withdrawal of a person's privileges to operate a
commercial motor vehicle as the result of a violation of state or
local law relating to motor vehicle traffic control other than
parking, vehicle weight, or vehicle defect violations;
(3) A determination by the federal motor carrier safety
administration that a person is not qualified to operate a
commercial motor vehicle under 49 C.F.R. 391.
(H) "Downgrade" means any of the following, as applicable:
(1) A change in the commercial driver's license holder's
self-certified status as described in division (A)(2) of section
4506.10 of the Revised Code;
(2) A change to a lesser class of vehicle;
(3) Removal of commercial driver's license privileges from
the individual's driver's license.
(I) "Drive" means to drive, operate, or be in physical
control of a motor vehicle.
(J) "Driver" means any person who drives, operates, or is in
physical control of a commercial motor vehicle or is required to
have a commercial driver's license.
(K) "Driver's license" means a license issued by the bureau
of motor vehicles that authorizes an individual to drive.
(L) "Drug of abuse" means any controlled substance, dangerous
drug as defined in section 4729.01 of the Revised Code, or
over-the-counter medication that, when taken in quantities
exceeding the recommended dosage, can result in impairment of
judgment or reflexes.
(M) "Electronic device" includes a cellular telephone, a
personal digital assistant, a pager, a computer, and any other
device used to input, write, send, receive, or read text.
(N) "Eligible unit of local government" means a village,
township, or county that has a population of not more than three
thousand persons according to the most recent federal census.
(O) "Employer" means any person, including the federal
government, any state, and a political subdivision of any state,
that owns or leases a commercial motor vehicle or assigns a person
to drive such a motor vehicle.
(P) "Endorsement" means an authorization on a person's
commercial driver's license that is required to permit the person
to operate a specified type of commercial motor vehicle.
(Q) "Farm truck" means a truck controlled and operated by a
farmer for use in the transportation to or from a farm, for a
distance of not more than one hundred fifty miles, of products of
the farm, including livestock and its products, poultry and its
products, floricultural and horticultural products, and in the
transportation to the farm, from a distance of not more than one
hundred fifty miles, of supplies for the farm, including tile,
fence, and every other thing or commodity used in agricultural,
floricultural, horticultural, livestock, and poultry production,
and livestock, poultry, and other animals and things used for
breeding, feeding, or other purposes connected with the operation
of the farm, when the truck is operated in accordance with this
division and is not used in the operations of a motor carrier, as
defined in section 4923.01 of the Revised Code.
(R) "Fatality" means the death of a person as the result of a
motor vehicle accident occurring not more than three hundred
sixty-five days prior to the date of death.
(S) "Felony" means any offense under federal or state law
that is punishable by death or specifically classified as a felony
under the law of this state, regardless of the penalty that may be
imposed.
(T) "Foreign jurisdiction" means any jurisdiction other than
a state.
(U) "Gross vehicle weight rating" means the value specified
by the manufacturer as the maximum loaded weight of a single or a
combination vehicle. The gross vehicle weight rating of a
combination vehicle is the gross vehicle weight rating of the
power unit plus the gross vehicle weight rating of each towed
unit.
(V) "Hazardous materials" means any material that has been
designated as hazardous under 49 U.S.C. 5103 and is required to be
placarded under subpart F of 49 C.F.R. part 172 or any quantity of
a material listed as a select agent or toxin in 42 C.F.R. part 73,
as amended.
(W) "Imminent hazard" means the existence of a condition that
presents a substantial likelihood that death, serious illness,
severe personal injury, or a substantial endangerment to health,
property, or the environment may occur before the reasonably
foreseeable completion date of a formal proceeding begun to lessen
the risk of that death, illness, injury, or endangerment.
(X) "Medical variance" means one of the following received by
a driver from the federal motor carrier safety administration that
allows the driver to be issued a medical certificate:
(1) An exemption letter permitting operation of a commercial
motor vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;
(2) A skill performance evaluation certificate permitting
operation of a commercial motor vehicle pursuant to 49 C.F.R.
391.49.
(Y) "Motor vehicle" means a vehicle, machine, tractor,
trailer, or semitrailer propelled or drawn by mechanical power
used on highways, except that such term does not include a
vehicle, machine, tractor, trailer, or semitrailer operated
exclusively on a rail.
(Z) "Out-of-service order" means a declaration by an
authorized enforcement officer of a federal, state, local,
Canadian, or Mexican jurisdiction declaring that a driver,
commercial motor vehicle, or commercial motor carrier operation is
out of service as defined in 49 C.F.R. 390.5.
(AA) "Peace officer" has the same meaning as in section
2935.01 of the Revised Code.
(BB) "Portable tank" means a liquid or gaseous packaging
designed primarily to be loaded onto or temporarily attached to a
vehicle and equipped with skids, mountings, or accessories to
facilitate handling of the tank by mechanical means.
(CC) "Public safety vehicle" has the same meaning as in
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.
(DD) "Recreational vehicle" includes every vehicle that is
defined as a recreational vehicle in section 4501.01 of the
Revised Code and is used exclusively for purposes other than
engaging in business for profit.
(EE) "Residence" means any person's residence determined in
accordance with standards prescribed in rules adopted by the
registrar.
(FF) "School bus" has the same meaning as in section 4511.01
of the Revised Code.
(GG) "Serious traffic violation" means any of the following:
(1) A conviction arising from a single charge of operating a
commercial motor vehicle in violation of any provision of section
4506.03 of the Revised Code;
(2) A violation while operating a commercial motor vehicle of
a law of this state, or any municipal ordinance or county or
township resolution prohibiting texting while driving, or any
other substantially similar law of another state or political
subdivision of another state;
(3) A conviction arising from the operation of any motor
vehicle that involves any of the following:
(a) A single charge of any speed in excess of the posted
speed limit by fifteen miles per hour or more;
(b) Violation of section 4511.20 or 4511.201 of the Revised
Code or any similar ordinance or resolution, or of any similar law
of another state or political subdivision of another state;
(c) Violation of a law of this state or an ordinance or
resolution relating to traffic control, other than a parking
violation, or of any similar law of another state or political
subdivision of another state, that results in a fatal accident;
(d) Violation of section 4506.03 of the Revised Code or a
substantially similar municipal ordinance or county or township
resolution, or of any similar law of another state or political
subdivision of another state, that involves the operation of a
commercial motor vehicle without a valid commercial driver's
license with the proper class or endorsement for the specific
vehicle group being operated or for the passengers or type of
cargo being transported;
(e) Violation of section 4506.03 of the Revised Code or a
substantially similar municipal ordinance or county or township
resolution, or of any similar law of another state or political
subdivision of another state, that involves the operation of a
commercial motor vehicle without a valid commercial driver's
license being in the person's possession;
(f) Violation of section 4511.33 or 4511.34 of the Revised
Code, or any municipal ordinance or county or township resolution
substantially similar to either of those sections, or any
substantially similar law of another state or political
subdivision of another state;
(g) Violation of any other law of this state or an ordinance
or resolution relating to traffic control, other than a parking
violation, that is determined to be a serious traffic violation by
the United States secretary of transportation and the director
designates as such by rule.
(HH) "State" means a state of the United States and includes
the District of Columbia.
(II) "Tank vehicle" means any commercial motor vehicle that
is designed to transport any liquid and has a maximum capacity
greater than one hundred nineteen gallons or is designed to
transport gaseous materials and has a water capacity greater than
one thousand pounds within a tank that is either permanently or
temporarily attached to the vehicle or its chassis. "Tank vehicle"
does not include any of the following:
(1) Any portable tank having a rated capacity of less than
one thousand gallons;
(2) Tanks used exclusively as a fuel tank for the motor
vehicle to which it is attached;
(3) An empty storage container tank that is not designed for
transportation and that is readily distinguishable from a
transportation tank;
(4) Ready-mix concrete mixers.
(JJ) "Tester" means a person or entity acting pursuant to a
valid agreement entered into pursuant to division (B) of section
4506.09 of the Revised Code.
(KK) "Texting" means manually entering alphanumeric text
into, or reading text from, an electronic device. Texting includes
short message service, e-mail, instant messaging, a command or
request to access a world wide web page, or engaging in any other
form of electronic text retrieval or entry, for present or future
communication. Texting does not include the following:
(1) Reading, selecting, or entering a telephone number, an
extension number, or voicemail retrieval codes and commands into
an electronic device for the purpose of initiating or receiving a
telephone call or using voice commands to initiate or receive a
telephone call;
(2) Inputting, selecting, or reading information on a global
positioning system or navigation system.
(LL) "Texting while driving" means texting while operating a
commercial motor vehicle, with the motor running, including while
temporarily stationary because of traffic, a traffic control
device, or other momentary delays, but does not include operating
a commercial motor vehicle with or without the motor running when
the driver has moved the vehicle to the side of, or off, a highway
and is stopped in a location where the vehicle can safely remain
stationary.
(MM) "United States" means the fifty states and the District
of Columbia.
(NN) "Upgrade" means a change in the class of vehicles,
endorsements, or self-certified status as described in division
(A)(2) of section 4506.10 of the Revised Code, that expands the
ability of a current commercial driver's license holder to operate
commercial motor vehicles under this chapter;
(OO) "Vehicle" has the same meaning as in section 4511.01 of
the Revised Code.
Sec. 4506.072. (A) Pursuant to the memorandum of
understanding agreement between the director of public safety and
the United States department of homeland security or other
designated federal agency authorized by section 4507.021 of the
Revised Code, and in accordance with rules adopted by the
registrar of motor vehicles under that section, the registrar or a
deputy registrar shall issue an enhanced commercial driver's
license to an eligible applicant for such a license who does all
of the following:
(1) Provides satisfactory proof of the applicant's identity
and citizenship;
(2) Submits a biometric identifier as required by rule;
(3) Signs a declaration on a form prescribed by the registrar
acknowledging the use of the one-to-many biometric match and radio
frequency identification or other security features of the
license;
(4) Pays a fee of twenty-five dollars, in addition to
applicable fees in section 4506.08 of the Revised Code for
issuance of a commercial driver's license;
(5) Complies with all other conditions, qualifications, and
requirements for issuance of a commercial driver's license.
(B) All provisions in the Revised Code relating to commercial
drivers' licenses include and apply to an enhanced commercial
driver's license. An enhanced commercial driver's license may be
used in the same manner as a commercial driver's license and
additionally is approved by the United States secretary of
homeland security for purposes of entering the United States at
authorized land and sea ports.
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 gift under section 2108.05 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 October 7, 2009, if the licensee has
specified that the licensee wishes the license to indicate that
the licensee is a veteran, active duty, or reservist 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 a
veteran, active duty, or reservist of the armed forces of the
United States;
(13) Any other information the registrar considers advisable
and requires by rule.
(B) Every enhanced driver's license shall have any additional
characteristics established by rule adopted under section 4507.021
of the Revised Code.
(C) The registrar may establish and maintain a file of
negatives of photographs taken for the purposes of this section.
(C)(D) 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)(E) Whoever violates division (C)(D) of this section is
guilty of a minor misdemeanor.
Sec. 4507.01. (A) As used in this chapter, "motor vehicle,"
"motorized bicycle," "state," "owner," "operator," "chauffeur,"
and "highways" have the same meanings as in section 4501.01 of the
Revised Code.
"Driver's license" means a class D license issued to any
person to operate a motor vehicle or motor-driven cycle, other
than a commercial motor vehicle, and includes "probationary
license," "restricted license," and any operator's or chauffeur's
license issued before January 1, 1990.
Except as otherwise
specifically provided, "driver's license" includes "enhanced
driver's license."
"Enhanced driver's license" means a driver's license issued
in accordance with sections 4507.021 and 4507.061 of the Revised
Code that denotes citizenship and identity and is approved by the
United States secretary of homeland security for purposes of
entering the United States and that contains technology and
security features approved by the secretary of homeland security.
"Probationary license" means the license issued to any person
between sixteen and eighteen years of age to operate a motor
vehicle.
"Restricted license" means the license issued to any person
to operate a motor vehicle subject to conditions or restrictions
imposed by the registrar of motor vehicles.
"Commercial driver's license" means the license issued to a
person under Chapter 4506. of the Revised Code to operate a
commercial motor vehicle.
"Commercial motor vehicle" has the same meaning as in section
4506.01 of the Revised Code.
"Motorized bicycle license" means the license issued under
section 4511.521 of the Revised Code to any person to operate a
motorized bicycle including a "probationary motorized bicycle
license."
"Probationary motorized bicycle license" means the license
issued under section 4511.521 of the Revised Code to any person
between fourteen and sixteen years of age to operate a motorized
bicycle.
"Identification card" means a card issued under sections
4507.50 and 4507.51 of the Revised Code.
Except as otherwise
specifically provided, "identification card" includes "enhanced
identification card."
"Enhanced identification card" means an identification card
issued in accordance with section 4507.511 of the Revised Code
that denotes citizenship and identity and contains technology and
security features approved by the secretary of homeland security
and is approved by the secretary for purposes of entering the
United States.
"Resident" means a person who, in accordance with standards
prescribed in rules adopted by the registrar, resides in this
state on a permanent basis.
"Temporary resident" means a person who, in accordance with
standards prescribed in rules adopted by the registrar, resides in
this state on a temporary basis.
(B) In the administration of this chapter and Chapter 4506.
of the Revised Code, the registrar has the same authority as is
conferred on the registrar by section 4501.02 of the Revised Code.
Any act of an authorized deputy registrar of motor vehicles under
direction of the registrar is deemed the act of the registrar.
To carry out this chapter, the registrar shall appoint such
deputy registrars in each county as are necessary.
The registrar also shall provide at each place where an
application for a driver's or commercial driver's license or
identification card may be made the necessary equipment to take a
color photograph of the applicant for such license or card as
required under section 4506.11 or 4507.06 of the Revised Code, and
to conduct the vision screenings required by section 4507.12 of
the Revised Code, and equipment to laminate licenses, motorized
bicycle licenses, and identification cards as required by sections
4507.13, 4507.52, and 4511.521 of the Revised Code.
The registrar shall assign one or more deputy registrars to
any driver's license examining station operated under the
supervision of the director of public safety, whenever the
registrar considers such assignment possible. Space shall be
provided in the driver's license examining station for any such
deputy registrar so assigned. The deputy registrars shall not
exercise the powers conferred by such sections upon the registrar,
unless they are specifically authorized to exercise such powers by
such sections.
(C) No agent for any insurance company, writing automobile
insurance, shall be appointed deputy registrar, and any such
appointment is void. No deputy registrar shall in any manner
solicit any form of automobile insurance, nor in any manner
advise, suggest, or influence any licensee or applicant for
license for or against any kind or type of automobile insurance,
insurance company, or agent, nor have the deputy registrar's
office directly connected with the office of any automobile
insurance agent, nor impart any information furnished by any
applicant for a license or identification card to any person,
except the registrar. This division shall not apply to any
nonprofit corporation appointed deputy registrar.
(D) The registrar shall immediately remove a deputy registrar
who violates the requirements of this chapter.
(E) The registrar shall periodically solicit bids and enter
into a contract for the provision of laminating equipment and
laminating materials to the registrar and all deputy registrars.
The registrar shall not consider any bid that does not provide for
the supplying of both laminating equipment and laminating
materials. The laminating materials selected shall contain a
security feature so that any tampering with the laminating
material covering a license or identification card is readily
apparent. In soliciting bids and entering into a contract for the
provision of laminating equipment and laminating materials, the
registrar shall observe all procedures required by law.
Sec. 4507.021. (A)(1) The director of public safety shall
enter into a memorandum of understanding with the United States
department of homeland security or other designated federal agency
for the purpose of obtaining approval to issue an enhanced
driver's license, enhanced commercial driver's license, and
enhanced identification card acceptable as proof of identity and
citizenship for Ohio residents entering the United States at
authorized land and sea ports.
(2) In conjunction with the United States department of
homeland security or other designated federal agency, the director
of public safety may enter into an agreement with the United
Mexican States, Canada, or a Canadian province for the purpose of
implementing a border-crossing initiative.
(B) Pursuant to an agreement under division (A)(1) of this
section, the registrar of motor vehicles, subject to approval of
the director of public safety, shall adopt rules in accordance
with Chapter 119. of the Revised Code governing issuance of an
enhanced driver's license, enhanced commercial driver's license,
and enhanced identification card. The rules shall establish
acceptable proof of identity and citizenship for issuance of an
enhanced license or identification card. The rules shall establish
reasonable security measures to prevent counterfeiting and to
protect against unauthorized disclosure of personal information
that is contained in an enhanced license or identification card.
The rules may require a one-to-many biometric matching system for
identification purposes and may require use of radio frequency
identification technology or other secure technology acceptable to
the United States department of homeland security that is
encrypted or otherwise secure from unauthorized data access. The
rules may establish additional characteristics for an enhanced
license or identification card. The registrar may adopt any other
rules necessary to implement issuance of an enhanced driver's
license, enhanced commercial driver's license, and enhanced
identification card.
Sec. 4507.061. (A) Pursuant to the memorandum of
understanding agreement between the director of public safety and
the United States department of homeland security or other
designated federal agency authorized by section 4507.021 of the
Revised Code, and in accordance with rules adopted by the
registrar of motor vehicles under that section, the registrar or a
deputy registrar shall issue an enhanced driver's license to an
eligible applicant for such a license who does all of the
following:
(1) Provides satisfactory proof of the applicant's identity
and citizenship;
(2) Submits a biometric identifier as required by rule;
(3) Signs a declaration on a form prescribed by the registrar
acknowledging the use of the one-to-many biometric match and radio
frequency identification or other security features of the
license;
(4) Pays a fee of twenty-five dollars, in addition to
applicable fees in sections 4507.23 and 4507.24 of the Revised
Code for issuance of a driver's license;
(5) Complies with all other conditions, qualifications, and
requirements for issuance of a driver's license.
(B) All provisions in the Revised Code relating to drivers'
licenses include and apply to an enhanced driver's license. An
enhanced driver's license may be used in the same manner as a
driver's license and additionally is approved by the United States
secretary of homeland security for purposes of entering the United
States at authorized land and sea ports.
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
October 7, 2009, if the licensee has specified that the licensee
wishes the license to indicate that the licensee is a veteran,
active duty, or reservist 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 a veteran, active duty, or reservist
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 enhanced driver's license shall have any additional
characteristics established by rule adopted under section 4507.021
of the Revised Code.
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. 4507.511. (A) Pursuant to the memorandum of
understanding agreement between the director of public safety and
the United States department of homeland security or other
designated federal agency authorized by section 4507.021 of the
Revised Code, and in accordance with rules adopted by the
registrar of motor vehicles under that section, the registrar or a
deputy registrar shall issue an enhanced identification card to an
eligible applicant for such a card who does all of the following:
(1) Provides satisfactory proof of the applicant's identity
and citizenship;
(2) Submits a biometric identifier as required by rule;
(3) Signs a declaration on a form prescribed by the registrar
acknowledging the use of the one-to-many biometric match and radio
frequency identification or other security features of the card;
(4) Pays a fee of twenty-five dollars, in addition to
applicable fees in section 4507.50 of the Revised Code for
issuance of an identification card;
(5) Complies with all other requirements for issuance of an
identification card.
(B) All provisions in the Revised Code relating to
identification cards issued under sections 4507.50 to 4507.52 of
the Revised Code include and apply to an enhanced identification
card. An enhanced identification card may be used in the same
manner as an identification card issued under sections 4507.50 to
4507.52 of the Revised Code and additionally is approved by the
United States secretary of homeland security for purposes of
entering the United States at authorized land and sea ports.
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 October 7, 2009, if the cardholder has
specified that the cardholder wishes the identification card to
indicate that the cardholder is a veteran, active duty, or
reservist 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 a veteran, active
duty, or reservist 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 enhanced identification card shall have any additional
characteristics established by rule adopted under section 4507.021
of the Revised Code.
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 4506.01, 4506.11, 4507.01,
4507.13, and 4507.52 of the Revised Code are hereby repealed.
Section 3. That the version of section 4507.01 of the Revised
Code that is scheduled to take effect January 1, 2017, be amended
to read as follows:
Sec. 4507.01. (A) As used in this chapter, "motor vehicle,"
"motorized bicycle," "state," "owner," "operator," "chauffeur,"
and "highways" have the same meanings as in section 4501.01 of the
Revised Code.
"Driver's license" means a class D license issued to any
person to operate a motor vehicle or motor-driven cycle, other
than a commercial motor vehicle, and includes "probationary
license," "restricted license," and any operator's or chauffeur's
license issued before January 1, 1990.
Except as otherwise
specifically provided, "driver's license" includes "enhanced
driver's license."
"Enhanced driver's license" means a driver's license issued
in accordance with sections 4507.021 and 4507.061 of the Revised
Code that denotes citizenship and identity and is approved by the
United States secretary of homeland security for purposes of
entering the United States and that contains technology and
security features approved by the secretary of homeland security.
"Probationary license" means the license issued to any person
between sixteen and eighteen years of age to operate a motor
vehicle.
"Restricted license" means the license issued to any person
to operate a motor vehicle subject to conditions or restrictions
imposed by the registrar of motor vehicles.
"Commercial driver's license" means the license issued to a
person under Chapter 4506. of the Revised Code to operate a
commercial motor vehicle.
"Commercial motor vehicle" has the same meaning as in section
4506.01 of the Revised Code.
"Motorcycle operator's temporary instruction permit, license,
or endorsement" includes a temporary instruction permit, license,
or endorsement for a motor-driven cycle or motor scooter unless
otherwise specified.
"Motorized bicycle license" means the license issued under
section 4511.521 of the Revised Code to any person to operate a
motorized bicycle including a "probationary motorized bicycle
license."
"Probationary motorized bicycle license" means the license
issued under section 4511.521 of the Revised Code to any person
between fourteen and sixteen years of age to operate a motorized
bicycle.
"Identification card" means a card issued under sections
4507.50 and 4507.51 of the Revised Code.
Except as otherwise
specifically provided, "identification card" includes "enhanced
identification card."
"Enhanced identification card" means an identification card
issued in accordance with section 4507.511 of the Revised Code
that denotes citizenship and identity and contains technology and
security features approved by the secretary of homeland security
and is approved by the secretary for purposes of entering the
United States.
"Resident" means a person who, in accordance with standards
prescribed in rules adopted by the registrar, resides in this
state on a permanent basis.
"Temporary resident" means a person who, in accordance with
standards prescribed in rules adopted by the registrar, resides in
this state on a temporary basis.
(B) In the administration of this chapter and Chapter 4506.
of the Revised Code, the registrar has the same authority as is
conferred on the registrar by section 4501.02 of the Revised Code.
Any act of an authorized deputy registrar of motor vehicles under
direction of the registrar is deemed the act of the registrar.
To carry out this chapter, the registrar shall appoint such
deputy registrars in each county as are necessary.
The registrar also shall provide at each place where an
application for a driver's or commercial driver's license or
identification card may be made the necessary equipment to take a
color photograph of the applicant for such license or card as
required under section 4506.11 or 4507.06 of the Revised Code, and
to conduct the vision screenings required by section 4507.12 of
the Revised Code, and equipment to laminate licenses, motorized
bicycle licenses, and identification cards as required by sections
4507.13, 4507.52, and 4511.521 of the Revised Code.
The registrar shall assign one or more deputy registrars to
any driver's license examining station operated under the
supervision of the director of public safety, whenever the
registrar considers such assignment possible. Space shall be
provided in the driver's license examining station for any such
deputy registrar so assigned. The deputy registrars shall not
exercise the powers conferred by such sections upon the registrar,
unless they are specifically authorized to exercise such powers by
such sections.
(C) No agent for any insurance company, writing automobile
insurance, shall be appointed deputy registrar, and any such
appointment is void. No deputy registrar shall in any manner
solicit any form of automobile insurance, nor in any manner
advise, suggest, or influence any licensee or applicant for
license for or against any kind or type of automobile insurance,
insurance company, or agent, nor have the deputy registrar's
office directly connected with the office of any automobile
insurance agent, nor impart any information furnished by any
applicant for a license or identification card to any person,
except the registrar. This division shall not apply to any
nonprofit corporation appointed deputy registrar.
(D) The registrar shall immediately remove a deputy registrar
who violates the requirements of this chapter.
(E) The registrar shall periodically solicit bids and enter
into a contract for the provision of laminating equipment and
laminating materials to the registrar and all deputy registrars.
The registrar shall not consider any bid that does not provide for
the supplying of both laminating equipment and laminating
materials. The laminating materials selected shall contain a
security feature so that any tampering with the laminating
material covering a license or identification card is readily
apparent. In soliciting bids and entering into a contract for the
provision of laminating equipment and laminating materials, the
registrar shall observe all procedures required by law.
Section 4. That the existing version of section 4507.01 of
the Revised Code that is scheduled to take effect January 1, 2017,
is hereby repealed.
Section 5. Sections 3 and 4 of this act shall take effect
January 1, 2017.
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