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H. B. No. 468 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Representatives Sears, McGregor
Cosponsors:
Representatives Becker, Hackett, Henne
A BILL
To amend sections 505.871, 4501.25, 4505.061,
4738.01, 4738.02, 4738.03, 4738.17, and 4738.99,
to enact sections 3937.19, 4738.021, 4738.022,
4738.023, 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, 4738.01,
4738.02, 4738.03, 4738.17, and 4738.99 be amended and sections
3937.19, 4738.021, 4738.022, 4738.023, 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. 3937.19. (A) A person who purchases, takes possession
of, and duly registers a motor vehicle in good faith may submit a
claim to the purchaser's insurance company for the loss of the
motor vehicle if both of the following apply:
(1) The purchaser is subsequently permanently divested of the
right of ownership or possession to that motor vehicle because a
court or other law enforcement entity has determined that the
certificate of title or vehicle identification number has been
falsified or otherwise tampered with or illegally altered, or that
the motor vehicle had been stolen prior to the purchase.
(2) The purchaser has comprehensive insurance coverage on the
motor vehicle that covers damage to or the loss of the motor
vehicle.
(B) An insurance company that holds a current policy on a
motor vehicle containing comprehensive coverage that covers damage
to or the loss of the vehicle for which a claim is made under this
section shall pay the claim, less any applicable deductible, in an
amount not less than an amount based on the value of the motor
vehicle at the time the purchaser was divested of the right of
ownership and possession if the insurer determines that the
purchase was made in good faith and a fair market value was paid.
The insurance company shall have the right to assert any
applicable policy exclusions, conditions, or provisions.
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. 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 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 4737.05
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.
(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.
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.
(B) Every salvage motor vehicle auction and salvage motor
vehicle pool shall submit the information collected pursuant to
division (A)(1) of this section to the registrar of motor vehicles
on a monthly basis pursuant to the rules adopted by the registrar
in division (C) of this section.
(C)(1) Within sixty days after the effective date of this
section, the registrar shall develop 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.
(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. 4738.023. Within thirty days after the sale of a
salvage motor vehicle, the registrar of motor vehicles shall issue
a salvage certificate of title to the purchaser of that salvage
motor vehicle containing the following notice in bold lettering:
"SALVAGE VEHICLE – NOT FOR RESALE WITHOUT DISCLOSURE.
WARNING: THIS SALVAGE VEHICLE MAY NOT BE SAFE FOR OPERATION UNLESS
PROPERLY REPAIRED. SOME STATES MAY REQUIRE AN INSPECTION BEFORE
THIS VEHICLE MAY BE REGISTERED. THE STATE OF OHIO MAY REQUIRE THIS
VEHICLE TO BE PERMANENTLY BRANDED AS A REBUILT SALVAGE VEHICLE.
OTHER STATES MAY ALSO PERMANENTLY BRAND THE CERTIFICATE OF TITLE."
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 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 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.
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,
4738.01, 4738.02, 4738.03, 4738.17, and 4738.99 and section
4738.18 of the Revised Code are hereby repealed.
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