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Sub. H. B. No. 468 As Enrolled
(130th General Assembly)
(Substitute House Bill Number 468)
AN ACT
To amend sections 505.871, 4501.25, 4505.061,
4505.11, 4738.01, 4738.02, 4738.03, 4738.17, and
4738.99, to enact sections 4738.021, 4738.022, and
4738.031, and to repeal section 4738.18 of the
Revised Code relative to salvage motor vehicles
and junk motor vehicles.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 1. That sections 505.871, 4501.25, 4505.061, 4505.11,
4738.01, 4738.02, 4738.03, 4738.17, and 4738.99 be amended and
sections 4738.021, 4738.022, and 4738.031 of the Revised Code be
enacted to read as follows:
Sec. 505.871. (A) A board of township trustees may provide,
by resolution, for the removal of any vehicle in the
unincorporated territory of the township that the board determines
is a junk motor vehicle, as defined in section 505.173 of the
Revised Code.
(B) If a junk motor vehicle is located on public property,
the board of township trustees may provide in the resolution for
the immediate removal of the vehicle.
(C)(1) If a junk motor vehicle is located on private
property, the board of township trustees may provide in the
resolution for the removal of the vehicle not sooner than fourteen
days after the board serves written notice of its intention to
remove or cause the removal of the vehicle on the owner of the
land and any holders of liens of record on the land.
(2) The notice provided under this division shall generally
describe the vehicle to be removed and indicate all of the
following:
(a) The board has determined that the vehicle is a junk motor
vehicle.
(b) If the owner of the land fails to remove the vehicle
within fourteen days after service of the notice, the board may
remove or cause the removal of the vehicle.
(c) Any expenses the board incurs in removing or causing the
removal of the vehicle may be entered upon the tax duplicate and
become a lien upon the land from the date of entry.
(3) The board shall serve the notice under this division by
sending it by certified mail, return receipt requested, to the
owner of the land, if the owner resides in the unincorporated
territory of the township or if the owner resides outside the
unincorporated territory of the township and the owner's address
is known or ascertainable through an exercise of reasonable
diligence. The board also shall send notice in such manner to any
holders of liens of record on the land. If a notice sent by
certified mail is refused or unclaimed, or if an owner's address
is unknown and cannot reasonably be ascertained by an exercise of
reasonable diligence, the board shall publish the notice once in a
newspaper of general circulation in the township before the
removal of the vehicle, and, if the land contains any structures,
the board also shall post the notice on the principal structure on
the land.
A notice sent by certified mail shall be deemed to be served
for purposes of this section on the date it was received as
indicated by the date on a signed return receipt. A notice given
by publication shall be deemed to be served for purposes of this
section on the date of the newspaper publication.
(D) The board of township trustees may cause the removal or
may employ the labor, materials, and equipment necessary to remove
a junk motor vehicle under this section. All expenses incurred in
removing or causing the removal of a junk motor vehicle, when
approved by the board, shall be paid out of the township general
fund from moneys not otherwise appropriated, except that if the
expenses exceed five hundred dollars, the board may borrow moneys
from a financial institution to pay the expenses in whole or in
part.
(E) The board of township trustees may utilize any lawful
means to collect the expenses incurred in removing or causing the
removal of a junk motor vehicle under this section, including any
fees or interest paid to borrow moneys under division (D) of this
section. The board may direct the township fiscal officer to
certify the expenses and a description of the land to the county
auditor, who shall place the expenses upon the tax duplicate as a
lien upon the land to be collected as other taxes and returned to
the township general fund.
(F)(1) As used in this division:
(a) "Motor vehicle salvage dealer" has the same meaning as in
section 4738.01 of the Revised Code.
(b) "Scrap metal processing facility" has the same meaning as
in section 4737.05 of the Revised Code.
(2) Notwithstanding section 4513.63 of the Revised Code, if a
junk motor vehicle is removed and disposed of in accordance with
this section, the clerk of courts of the county shall issue a
salvage certificate of title for that junk motor vehicle to a
motor vehicle salvage dealer licensed pursuant to Chapter 4738. of
the Revised Code or a scrap metal processing facility licensed
pursuant to sections 4737.05 to 4737.12 of the Revised Code if all
of the following conditions are satisfied:
(a) The board of township trustees has entered into a
contract with the motor vehicle salvage dealer or scrap metal
processing facility for the disposal or removal of the junk motor
vehicle in accordance with section 505.85 of the Revised Code.
(b) The fiscal officer for the board of township trustees
executes in triplicate an affidavit prescribed by the registrar of
motor vehicles describing the junk motor vehicle and the manner of
removal or disposal and certifying that all requirements of this
section and the notice and records search requirements of section
4505.101 of the Revised Code have been satisfied.
(c) The board of township trustees retains the original
affidavit for the board's records and furnishes the remaining two
copies of the affidavit to the motor vehicle salvage dealer or
scrap metal processing facility.
(d) The motor vehicle salvage dealer or scrap metal
processing facility presents one copy of the affidavit to the
clerk.
(3) The clerk shall issue the salvage certificate of title,
free and clear of all liens and encumbrances, not later than
thirty days after the motor vehicle salvage dealer or scrap metal
processing facility presents the affidavit pursuant to division
(F)(2) of this section.
(G) Notwithstanding section 4513.65 of the Revised Code, but
subject to division (G)(H)(2) of this section, any collector's
vehicle that meets the definition of a junk motor vehicle is
subject to removal under this section.
(G)(H)(1) Nothing in this section affects the authority of a
board of township trustees to adopt and enforce resolutions under
section 505.173 of the Revised Code to regulate the storage of
junk motor vehicles on private or public property in the
unincorporated territory of the township.
(2) A resolution adopted under this section is subject to the
same restrictions specified in division (A) of section 505.173 of
the Revised Code for resolutions adopted under that section.
Sec. 4501.25. There is hereby created in the state treasury
the state bureau of motor vehicles fund. The fund shall consist of
all money collected by the registrar of motor vehicles, including
taxes, fees, and fines levied, charged, or referred to in Chapters
4501., 4503., 4505., 4506., 4507., 4509., 4510., 4511., 4517.,
4519., and 4521., and sections 3123.59, 2935.27, 2937.221,
3123.59, 4738.06, and 4738.13, and 4738.18 of the Revised Code
unless otherwise designated by law. The fund shall be used to pay
the expenses of administering the law relative to the powers and
duties of the registrar of motor vehicles. All investment earnings
of the fund shall be retained by the fund.
Sec. 4505.061. If the application for a certificate of title
refers to a motor vehicle last previously registered in another
state, the application shall be accompanied by a physical
inspection certificate issued by the department of public safety
verifying the make, body type, model, and manufacturer's vehicle
identification number of the motor vehicle for which the
certificate of title is desired. The physical inspection
certificate shall be in such form as is designated by the
registrar of motor vehicles. The physical inspection of the motor
vehicle shall be made at a deputy registrar's office, or at an
established place of business operated by a licensed motor vehicle
dealer. Additionally, the physical inspection of a salvage vehicle
owned by an insurance company may be made at an established place
of business operated by a salvage motor vehicle salvage dealer,
salvage motor vehicle auction, or salvage motor vehicle pool
licensed under Chapter 4738. of the Revised Code. The deputy
registrar, the motor vehicle dealer, or the salvage motor vehicle
salvage dealer, salvage motor vehicle auction, or salvage motor
vehicle pool may charge a maximum 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 conducting the
physical inspection.
The clerk of the court of common pleas shall charge a fee of
one dollar and fifty cents for the processing of each physical
inspection certificate. The clerk shall retain fifty cents of the
one dollar and fifty cents so charged and shall pay the remaining
one dollar to the registrar by monthly returns, which shall be
forwarded to the registrar not later than the fifth day of the
month next succeeding that in which the certificate is received by
the clerk. The registrar shall pay such remaining sums into the
state bureau of motor vehicles fund established by section 4501.25
of the Revised Code.
Sec. 4505.11. This section shall also apply to all-purpose
vehicles and off-highway motorcycles as defined in section 4519.01
of the Revised Code.
(A) Each owner of a motor vehicle and each person mentioned
as owner in the last certificate of title, when the motor vehicle
is dismantled, destroyed, or changed in such manner that it loses
its character as a motor vehicle, or changed in such manner that
it is not the motor vehicle described in the certificate of title,
shall surrender the certificate of title to that motor vehicle to
a clerk of a court of common pleas, and the clerk, with the
consent of any holders of any liens noted on the certificate of
title, then shall enter a cancellation upon the clerk's records
and shall notify the registrar of motor vehicles of the
cancellation.
Upon the cancellation of a certificate of title in the manner
prescribed by this section, any clerk and the registrar of motor
vehicles may cancel and destroy all certificates and all
memorandum certificates in that chain of title.
(B)(1) If an Ohio certificate of title or salvage certificate
of title to a motor vehicle is assigned to a salvage dealer, the
dealer is not required to obtain an Ohio certificate of title or a
salvage certificate of title to the motor vehicle in the dealer's
own name if the dealer dismantles or destroys the motor vehicle,
indicates the number of the dealer's motor vehicle salvage
dealer's license on it, marks "FOR DESTRUCTION" across the face of
the certificate of title or salvage certificate of title, and
surrenders the certificate of title or salvage certificate of
title to a clerk of a court of common pleas as provided in
division (A) of this section. If the salvage dealer retains the
motor vehicle for resale, the dealer shall make application for a
salvage certificate of title to the motor vehicle in the dealer's
own name as provided in division (C)(1) of this section.
(2) At the time any salvage motor vehicle is sold at auction
or through a pool, the salvage motor vehicle auction or salvage
motor vehicle pool shall give a copy of the salvage certificate of
title or a copy of the certificate of title marked "FOR
DESTRUCTION" to the purchaser.
(C)(1) When an insurance company declares it economically
impractical to repair such a motor vehicle and has paid an agreed
price for the purchase of the motor vehicle to any insured or
claimant owner, the insurance company shall proceed as follows:
(a) If an insurance company receives the certificate of title
and the motor vehicle, within thirty business days, the insurance
company shall deliver the certificate of title to a clerk of a
court of common pleas and shall make application for a salvage
certificate of title.
(b) If an insurance company obtains possession of the motor
vehicle but is unable to obtain the properly endorsed certificate
of title for the motor vehicle within thirty business days
following the vehicle's owner or lienholder's acceptance of the
insurance company's payment for the vehicle, the insurance company
may apply to the clerk of a court of common pleas for a salvage
certificate of title without delivering the certificate of title
for the motor vehicle. The application shall be accompanied by
evidence that the insurance company has paid a total loss claim on
the vehicle, a copy of the written request for the certificate of
title on the insurance company's letterhead, and the original
certified mail, return receipt notice, addressed to the last known
owner of the vehicle and any known lienholder, to obtain the
certificate of title.
(c) Upon receipt of a properly completed application for a
salvage certificate of title as described in division (C)(1)(a) or
(b) or (C)(2) of this section, the clerk shall issue the salvage
certificate of title on a form, prescribed by the registrar, that
shall be easily distinguishable from the original certificate of
title and shall bear the same information as the original
certificate of title except that it may bear a different number
than that of the original certificate of title. Except The salvage
certificate of title shall include the following notice in bold
lettering:
"SALVAGE MOTOR VEHICLE - PURSUANT TO R.C. 4738.01."
Except as provided in division (C)(3) of this section, the
salvage certificate of title shall be assigned by the insurance
company to a salvage dealer or any other person for use as
evidence of ownership upon the sale or other disposition of the
motor vehicle, and the salvage certificate of title shall be
transferrable to any other person. The clerk shall charge a fee of
four dollars for the cost of processing each salvage certificate
of title.
(2) If an insurance company requests that a salvage motor
vehicle auction take possession of a motor vehicle that is the
subject of an insurance claim, and subsequently the insurance
company denies coverage with respect to the motor vehicle or does
not otherwise take ownership of the motor vehicle, the salvage
motor vehicle auction may proceed as follows. After the salvage
motor vehicle auction has possession of the motor vehicle for
forty-five days, it may apply to the clerk of a court of common
pleas for a salvage certificate of title without delivering the
certificate of title for the motor vehicle. The application shall
be accompanied by a copy of the written request that the vehicle
be removed from the facility on the salvage motor vehicle
auction's letterhead, and the original certified mail, return
receipt notice, addressed to the last known owner of the vehicle
and any known lienholder, requesting that the vehicle be removed
from the facility of the salvage motor vehicle auction. Upon
receipt of a properly completed application, the clerk shall
follow the process as described in division (C)(1)(c) of this
section. The salvage certificate of title so issued shall be free
and clear of all liens.
(3) If an insurance company considers a motor vehicle as
described in division (C)(1)(a) or (b) of this section to be
impossible to restore for highway operation, the insurance company
may assign the certificate of title to the motor vehicle to a
salvage dealer or scrap metal processing facility and send the
assigned certificate of title to the clerk of the court of common
pleas of any county. The insurance company shall mark the face of
the certificate of title "FOR DESTRUCTION" and shall deliver a
photocopy of the certificate of title to the salvage dealer or
scrap metal processing facility for its records.
(4) If an insurance company declares it economically
impractical to repair a motor vehicle, agrees to pay to the
insured or claimant owner an amount in settlement of a claim
against a policy of motor vehicle insurance covering the motor
vehicle, and agrees to permit the insured or claimant owner to
retain possession of the motor vehicle, the insurance company
shall not pay the insured or claimant owner any amount in
settlement of the insurance claim until the owner obtains a
salvage certificate of title to the vehicle and furnishes a copy
of the salvage certificate of title to the insurance company.
(D) When a self-insured organization, rental or leasing
company, or secured creditor becomes the owner of a motor vehicle
that is burned, damaged, or dismantled and is determined to be
economically impractical to repair, the self-insured organization,
rental or leasing company, or secured creditor shall do one of the
following:
(1) Mark the face of the certificate of title to the motor
vehicle "FOR DESTRUCTION" and surrender the certificate of title
to a clerk of a court of common pleas for cancellation as
described in division (A) of this section. The self-insured
organization, rental or leasing company, or secured creditor then
shall deliver the motor vehicle, together with a photocopy of the
certificate of title, to a salvage dealer or scrap metal
processing facility and shall cause the motor vehicle to be
dismantled, flattened, crushed, or destroyed.
(2) Obtain a salvage certificate of title to the motor
vehicle in the name of the self-insured organization, rental or
leasing company, or secured creditor, as provided in division
(C)(1) of this section, and then sell or otherwise dispose of the
motor vehicle. If the motor vehicle is sold, the self-insured
organization, rental or leasing company, or secured creditor shall
obtain a salvage certificate of title to the motor vehicle in the
name of the purchaser from a clerk of a court of common pleas.
(E) If a motor vehicle titled with a salvage certificate of
title is restored for operation upon the highways, application
shall be made to a clerk of a court of common pleas for a
certificate of title. Upon inspection by the state highway patrol,
which shall include establishing proof of ownership and an
inspection of the motor number and vehicle identification number
of the motor vehicle and of documentation or receipts for the
materials used in restoration by the owner of the motor vehicle
being inspected, which documentation or receipts shall be
presented at the time of inspection, the clerk, upon surrender of
the salvage certificate of title, shall issue a certificate of
title for a fee prescribed by the registrar. The certificate of
title shall be in the same form as the original certificate of
title and shall bear the words "REBUILT SALVAGE" in black boldface
letters on its face. Every subsequent certificate of title,
memorandum certificate of title, or duplicate certificate of title
issued for the motor vehicle also shall bear the words "REBUILT
SALVAGE" in black boldface letters on its face. The exact location
on the face of the certificate of title of the words "REBUILT
SALVAGE" shall be determined by the registrar, who shall develop
an automated procedure within the automated title processing
system to comply with this division. The clerk shall use
reasonable care in performing the duties imposed on the clerk by
this division in issuing a certificate of title pursuant to this
division, but the clerk is not liable for any of the clerk's
errors or omissions or those of the clerk's deputies, or the
automated title processing system in the performance of those
duties. A fee of fifty dollars shall be assessed by the state
highway patrol for each inspection made pursuant to this division
and shall be deposited into the state highway safety fund
established by section 4501.06 of the Revised Code.
(F) No person shall operate upon the highways in this state a
motor vehicle, title to which is evidenced by a salvage
certificate of title, except to deliver the motor vehicle pursuant
to an appointment for an inspection under this section.
(G) No motor vehicle the certificate of title to which has
been marked "FOR DESTRUCTION" and surrendered to a clerk of a
court of common pleas shall be used for anything except parts and
scrap metal.
(H)(1) Except as otherwise provided in this division, an
owner of a manufactured or mobile home that will be taxed as real
property pursuant to division (B) of section 4503.06 of the
Revised Code shall surrender the certificate of title to the
auditor of the county containing the taxing district in which the
home is located. An owner whose home qualifies for real property
taxation under divisions (B)(1)(a) and (b) of section 4503.06 of
the Revised Code shall surrender the certificate within fifteen
days after the home meets the conditions specified in those
divisions. The auditor shall deliver the certificate of title to
the clerk of the court of common pleas who issued it.
(2) If the certificate of title for a manufactured or mobile
home that is to be taxed as real property is held by a lienholder,
the lienholder shall surrender the certificate of title to the
auditor of the county containing the taxing district in which the
home is located, and the auditor shall deliver the certificate of
title to the clerk of the court of common pleas who issued it. The
lienholder shall surrender the certificate within thirty days
after both of the following have occurred:
(a) The homeowner has provided written notice to the
lienholder requesting that the certificate of title be surrendered
to the auditor of the county containing the taxing district in
which the home is located.
(b) The homeowner has either paid the lienholder the
remaining balance owed to the lienholder, or, with the
lienholder's consent, executed and delivered to the lienholder a
mortgage on the home and land on which the home is sited in the
amount of the remaining balance owed to the lienholder.
(3) Upon the delivery of a certificate of title by the county
auditor to the clerk, the clerk shall inactivate it and maintain
it in the automated title processing system for a period of thirty
years.
(4) Upon application by the owner of a manufactured or mobile
home that is taxed as real property pursuant to division (B) of
section 4503.06 of the Revised Code and that no longer satisfies
divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and (b) of that
section, the clerk shall reactivate the record of the certificate
of title that was inactivated under division (H)(3) of this
section and shall issue a new certificate of title, but only if
the application contains or has attached to it all of the
following:
(a) An endorsement of the county treasurer that all real
property taxes charged against the home under Title LVII of the
Revised Code and division (B) of section 4503.06 of the Revised
Code for all preceding tax years have been paid;
(b) An endorsement of the county auditor that the home will
be removed from the real property tax list;
(c) Proof that there are no outstanding mortgages or other
liens on the home or, if there are such mortgages or other liens,
that the mortgagee or lienholder has consented to the reactivation
of the certificate of title.
(I)(1) Whoever violates division (F) of this section shall be
fined not more than two thousand dollars, imprisoned not more than
one year, or both.
(2) Whoever violates division (G) of this section shall be
fined not more than one thousand dollars, imprisoned not more than
six months, or both.
Sec. 4738.01. As used in sections 4738.01 to 4738.16 of the
Revised Code:
(A) "Motor vehicle salvage dealer" means any person who
engages in business primarily for the purpose of selling salvage
motor vehicle parts and secondarily for the purpose of selling at
retail salvage motor vehicles or manufacturing or selling a
product of gradable scrap metal.
(B) "Salvage motor vehicle" means any motor vehicle which is
in a wrecked, dismantled, or worn out condition, or unfit for
operation as a motor vehicle.
(C) "Salvage motor vehicle auction" means any person who on
his own the person's behalf or as an agent for a third party
engages in business for the purpose of auctioning salvage motor
vehicles to motor vehicle salvage dealers.
(D) "Salvage motor vehicle pool" means any person who as an
agent for a third party engages in business for the purpose of
storing, displaying, and offering for sale salvage motor vehicles
to motor vehicle salvage dealers.
(E) "Engaging in business" means commencing, conducting, or
continuing in business, or liquidating a business when the
liquidator thereof holds himself the liquidator out to be
conducting such business; making a casual sale or otherwise making
transfers in the ordinary course of business when the transfers
are made in connection with the disposition of all or
substantially all of the transferor's assets is not engaging in
business.
(F) "Retail sale" or "sale at retail" means the act or
attempted act of selling, bartering, exchanging, or otherwise
disposing of salvage motor vehicles or salvage motor vehicle parts
to an ultimate purchaser a person who purchases the salvage motor
vehicle or salvage motor vehicle parts for use as a consumer.
(G) "Ultimate Authorized purchaser" means, with respect to
any a person who purchases a salvage motor vehicle or
from a
salvage motor vehicle part, a purchaser who in good faith
purchases such auction or salvage motor vehicle or part pool for
purposes other than resale and is not licensed as a motor vehicle
dealer under Chapter 4517. of the Revised Code. and who satisfies
either of the following criteria:
(1) The person is a motor vehicle salvage dealer who is
licensed pursuant to this chapter; a junk yard that is licensed
pursuant to section 4737.07 of the Revised Code; a scrap metal
processing facility that is licensed pursuant to section 4737.07
of the Revised Code; a used motor vehicle dealer who is licensed
pursuant to section 4517.02 of the Revised Code; a salvage
dismantler or automotive recycler; or a salvage dealer, junk yard,
scrap metal processing facility, used motor vehicle dealer,
salvage dismantler, or automotive recycler business authorized to
purchase salvage motor vehicles by another state, country, or
jurisdiction.
(2) The person does not satisfy the criteria described in
division (G)(1) of this section but has purchased not more than a
total of five salvage motor vehicles in the current calendar year
from any salvage motor vehicle auction or salvage motor vehicle
pool located in Ohio.
(H) "Business" includes any activities engaged in by any
person for the object of gain, benefit, or advantage either direct
or indirect.
(I) "Casual sale" means any transfer of a salvage motor
vehicle by a person other than a motor vehicle salvage dealer,
salvage motor vehicle auction, or salvage motor vehicle pool, to
an ultimate purchaser a person who purchases the salvage motor
vehicle for use as a consumer.
Sec. 4738.02. (A) Except as provided in divisions (B) and
(D)(E) of this section, no person shall engage in the business of
selling at retail salvage motor vehicles or salvage motor vehicle
parts, or assume to engage in any such business without first
obtaining a motor vehicle salvage dealer's license pursuant to
this chapter.
(B)(1) Except as provided in divisions (B)(1) and (C)(1) of
section 4738.03 of the Revised Code and (E) of this section, no
person shall engage in the business of selling at retail salvage
motor vehicles nor, other than as a lessor, provide a location or
a space for the sale of salvage motor vehicles without first
obtaining a motor vehicle salvage dealer's license, a salvage
motor vehicle auction license, or a salvage motor vehicle pool
license pursuant to this chapter.
(2) Notwithstanding division (B)(1) of this section, a person
may sell salvage motor vehicles at retail to or through a salvage
motor vehicle auction or salvage motor vehicle pool without
obtaining any license pursuant to this chapter if both of the
following apply:
(a) The acquisition of salvage motor vehicles is incidental
to the primary business of the person.
(b) The disposal of those salvage motor vehicles is
incidental to the primary business of the person.
(C) No person shall make more than five casual sales of
salvage motor vehicles in a twelve-month period, commencing with
the day of the month in which the first such sale is made, nor
provide a location or space for the sale at retail of salvage
motor vehicles, without obtaining a motor vehicle salvage dealer's
license pursuant to this chapter calendar year.
(C)(D) Except as provided in division (D)(E) of this section,
no person shall operate as a salvage motor vehicle auction or
salvage motor vehicle pool without first obtaining the appropriate
license pursuant to this chapter.
(D)(E) In case of the dissolution of a partnership by death,
the surviving partner may operate under any license obtained by
the partnership pursuant to this chapter for a period of sixty
days and the heirs or representatives of deceased persons and
receivers or trustees in bankruptcy appointed by any competent
authority may operate under the license of the person succeeded in
possession by the heir, representative, receiver, or trustee in
bankruptcy.
(E)(F) Nothing in this chapter applies to any public officer
performing his official duties.
Sec. 4738.021. (A) Every salvage motor vehicle auction and
salvage motor vehicle pool shall do all of the following:
(1) Keep an electronic record of all sales of salvage motor
vehicles and shall include in the record the make, model, year,
vehicle identification number, and the names and addresses of the
purchaser and seller of the salvage motor vehicle.
(2) Obtain from any authorized purchaser of an Ohio salvage
motor vehicle a copy of a driver's license, passport, or other
government-issued identification. Every salvage motor vehicle
auction and salvage motor vehicle pool shall maintain a copy of
this identification for a period of two years.
(3) Obtain from any person who is an authorized purchaser as
defined in division (G)(1) of section 4738.01 of the Revised Code
documented proof of any required license or other authorization to
do business pursuant to this chapter or, for any person residing
in a state, jurisdiction, or country that does not issue a motor
vehicle salvage dealer, junk yard, scrap metal processing
facility, used motor vehicle dealer, salvage dismantler, or
automotive recycler license, a declaration under penalty of
perjury that the authorized purchaser is authorized to purchase
salvage vehicles in that person's state, jurisdiction, or country.
The declaration may be submitted by the authorized purchaser in
electronic or written format. Every salvage motor vehicle auction
and salvage motor vehicle pool shall maintain a copy of this
documentation for a period of two years.
(4) Obtain from any person who is an authorized purchaser as
defined in division (G)(2) of section 4738.01 of the Revised Code
a declaration under penalty of perjury that the authorized
purchaser is not making a purchase in excess of the applicable
limit identified in that division. The salvage motor vehicle
auction or salvage motor vehicle pool shall maintain that
declaration for a period of two years. The declaration may be
submitted by the authorized purchaser in electronic or written
format.
(5) For any sale of a salvage motor vehicle to a person
residing in another country, stamp the words "FOR EXPORT ONLY" on
both of the following:
(a) The face of the vehicle title so as not to obscure the
name, date, or mileage statement;
(b) In each unused reassignment space on the back of the
title.
The words "FOR EXPORT ONLY" shall be in all capital, black
letters, be at least two inches wide, and be clearly legible.
(B) Every salvage motor vehicle auction and salvage motor
vehicle pool shall submit the information collected pursuant to
division (A)(1) of this section on a monthly basis to a third
party consolidator selected by the registrar of motor vehicles
pursuant to the rules adopted by the registrar in division (C) of
this section.
(C)(1) Within twelve months after the effective date of this
section, the registrar shall contract with an entity approved as a
third party data consolidator to the national motor vehicle title
information system for the development of a statewide database for
the submission of the information collected pursuant to division
(A)(1) of this section. The system shall be used to maintain an
accurate record of all sales conducted by a salvage motor vehicle
auction or salvage motor vehicle pool. All expenses of this
contract shall be paid from the state bureau of motor vehicles
fund created in section 4501.25 of the Revised Code.
(2) The registrar may adopt any rules pursuant to Chapter
119. of the Revised Code as necessary to facilitate the timely
submission of the information required pursuant to this section.
The registrar shall make the information the registrar
receives under this section available to any state or local law
enforcement agency upon request.
Sec. 4738.022. Every salvage motor vehicle auction and
salvage motor vehicle pool shall comply with the reporting
requirements of the national motor vehicle title information
system.
Sec. 4738.03. (A) No person licensed as a motor vehicle
salvage dealer under this chapter shall engage in the business of
selling at retail salvage motor vehicle parts or salvage motor
vehicles, unless the business is operated primarily for the
purpose of selling at retail salvage motor vehicle parts. Any
person operating such a business primarily for the purpose of
selling at retail salvage motor vehicle parts may secondarily sell
at retail salvage motor vehicles or manufacture a product of
gradable scrap metal for sale to scrap metal processors or any
other consumer.
(B) No person licensed as a salvage motor vehicle auction
under this chapter shall:
(1) Make a casual sale of Knowingly sell a salvage motor
vehicle to anyone other than an authorized purchaser;
(2) Sell a salvage motor vehicle when having reasonable cause
to believe it is not offered by the legal owner thereof;
(3) Sell a salvage motor vehicle to any person except a
person licensed as a motor vehicle salvage dealer under this
chapter;
(4)(3) Fail to make an Ohio salvage certificate of title
available to the purchaser of a salvage motor vehicle sold by the
salvage motor vehicle auction, before payment for the salvage
motor vehicle is completed;
(5)(4) Operate as a motor vehicle salvage dealer at the same
location where any salvage motor vehicle auction is operated.
(C) No person licensed as a salvage motor vehicle pool under
this chapter shall:
(1) Make a casual sale of Knowingly sell a salvage motor
vehicle to anyone other than an authorized purchaser;
(2) Sell a salvage motor vehicle when having reasonable cause
to believe it is not offered by the legal owner thereof;
(3) Sell a salvage motor vehicle to any person except a
person licensed as a motor vehicle salvage dealer under this
chapter;
(4)(3) Fail to make an Ohio salvage certificate of title
available to the purchaser of a salvage motor vehicle sold by the
salvage motor vehicle pool, before payment for the salvage motor
vehicle is completed;
(5)(4) Operate as a motor vehicle salvage dealer at the same
location where any salvage motor vehicle pool is operated.
Sec. 4738.031. No person who is not an authorized purchaser
shall purchase a salvage motor vehicle from a salvage motor
vehicle auction or salvage motor vehicle pool.
Sec. 4738.17. (A) No person who is not licensed as a salvage
motor vehicle auction or salvage motor vehicle pool shall engage
in the business of selling salvage motor vehicle parts or salvage
motor vehicles at wholesale. Any
(B)(1) Any person licensed as a salvage motor vehicle dealer
under this chapter may sell salvage motor vehicle parts or salvage
motor vehicles at wholesale.
(2) Notwithstanding division (A) of this section, a person
may sell salvage motor vehicles or salvage motor vehicle parts at
wholesale to or through a salvage motor vehicle auction or salvage
motor vehicle pool without obtaining any license pursuant to this
chapter if both of the following apply:
(a) The acquisition of salvage motor vehicles or salvage
motor vehicle parts is incidental to the primary business of the
person.
(b) The disposal of those salvage motor vehicles or salvage
motor vehicle parts is incidental to the primary business of the
person.
Sec. 4738.99. (A) Whoever violates section 4738.02 or
4738.03 of the Revised Code is guilty of a misdemeanor of the
second degree on a first offense; on each subsequent offense, such
person is guilty of a misdemeanor of the first degree.
(B) Whoever violates section 4738.01, sections 4738.04 to
4738.13, or division (B) of section 4738.16 of the Revised Code is
guilty of a misdemeanor of the fourth degree.
(C) Whoever violates section 4738.031, 4738.14, or 4738.15 of
the Revised Code is guilty of a minor misdemeanor.
SECTION 2. That existing sections 505.871, 4501.25, 4505.061,
4505.11, 4738.01, 4738.02, 4738.03, 4738.17, and 4738.99 and
section
4738.18 of the Revised Code are hereby repealed.
SECTION 3. Not later than January 1, 2018, the Common Sense
Initiative Office shall submit a report to the General Assembly
making the following findings and recommendations:
(A) The cost-effectiveness of having the Registrar of Motor
Vehicles contract with a data consolidator to the National Motor
Vehicle Title Information System as required in division (C)(1) of
section 4738.021 of the Revised Code;
(B) Whether or not to continue the reporting process as
required under divisions (B) and (C) of section 4738.021 of the
Revised Code.
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