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S. B. No. 204 As IntroducedAs Introduced
130th General Assembly | Regular Session | 2013-2014 |
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Cosponsors:
Senators Brown, Gentile, Tavares
A BILL
To amend sections 4507.06, 4507.12, and 4507.21 and
to enact section 4507.092 of the Revised Code to
allow for driver's license renewal online every
other renewal period, to exempt such renewals from
the vision screening and photograph requirements,
and to amend the version of section 4507.06 of the
Revised Code that is scheduled to take effect
January 1, 2017, to continue the provisions of
this act after that effective date.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That sections 4507.06, 4507.12, and 4507.21 be
amended and section 4507.092 of the Revised Code be enacted to
read as follows:
Sec. 4507.06. (A)(1) Every application for a driver's
license or motorcycle operator's license or endorsement, or
duplicate of any such license or endorsement, shall be made upon
the approved form furnished by the registrar of motor vehicles and
shall be signed by the applicant.
Every application shall state the following:
(a) The applicant's name, date of birth, social security
number if such has been assigned, sex, general description,
including height, weight, color of hair, and eyes, residence
address, including county of residence, duration of residence in
this state, and country of citizenship;
(b) Whether the applicant previously has been licensed as an
operator, chauffeur, driver, commercial driver, or motorcycle
operator and, if so, when, by what state, and whether such license
is suspended or canceled at the present time and, if so, the date
of and reason for the suspension or cancellation;
(c) Whether the applicant is now or ever has been afflicted
with epilepsy, or whether the applicant now is suffering from any
physical or mental disability or disease and, if so, the nature
and extent of the disability or disease, giving the names and
addresses of physicians then or previously in attendance upon the
applicant;
(d) Whether an applicant for a duplicate driver's license, or
duplicate license containing a motorcycle operator endorsement has
pending a citation for violation of any motor vehicle law or
ordinance, a description of any such citation pending, and the
date of the citation;
(e) Whether the applicant wishes to certify willingness to
make an anatomical gift under section 2108.05 of the Revised Code,
which shall be given no consideration in the issuance of a license
or endorsement;
(f) Whether the applicant has executed a valid durable power
of attorney for health care pursuant to sections 1337.11 to
1337.17 of the Revised Code or has executed a declaration
governing the use or continuation, or the withholding or
withdrawal, of life-sustaining treatment pursuant to sections
2133.01 to 2133.15 of the Revised Code and, if the applicant has
executed either type of instrument, whether the applicant wishes
the applicant's license to indicate that the applicant has
executed the instrument;
(g) On and after October 7, 2009, whether the applicant is a
veteran, active duty, or reservist of the armed forces of the
United States and, if the applicant is such, whether the applicant
wishes the applicant's license to indicate that the applicant is a
veteran, active duty, or reservist of the armed forces of the
United States by a military designation on the license.
(2) Every Except as provided in division (A) of section
4507.092 of the Revised Code, every applicant for a driver's
license shall be photographed in color at the time the application
for the license is made. The application shall state any
additional information that the registrar requires.
(B) The registrar or a deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall register as an elector
any person who applies for a driver's license or motorcycle
operator's license or endorsement under division (A) of this
section, or for a renewal or duplicate of the license or
endorsement, if the applicant is eligible and wishes to be
registered as an elector. The decision of an applicant whether to
register as an elector shall be given no consideration in the
decision of whether to issue the applicant a license or
endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall offer the opportunity
of completing a notice of change of residence or change of name to
any applicant for a driver's license or endorsement under division
(A) of this section, or for a renewal or duplicate of the license
or endorsement, if the applicant is a registered elector who has
changed the applicant's residence or name and has not filed such a
notice.
(D) In addition to any other information it contains, on and
after October 7, 2009, the approved form furnished by the
registrar of motor vehicles for an application for a driver's
license or motorcycle operator's license or endorsement or an
application for a duplicate of any such license or endorsement
shall inform applicants that the applicant must present a copy of
the applicant's DD-214 or an equivalent document in order to
qualify to have the license or duplicate indicate that the
applicant is a veteran, active duty, or reservist of the armed
forces of the United States based on a request made pursuant to
division (A)(1)(g) of this section.
Sec. 4507.092. (A) Not later than December 31, 2013, the
registrar of motor vehicles shall adopt rules in accordance with
Chapter 119. of the Revised Code to establish a program to accept
driver's license renewal applications electronically over the
internet. The program shall permit an applicant to renew the
applicant's driver's license electronically over the internet
every other renewal period. When renewing a driver's license
electronically over the internet, an applicant is not subject to
the photograph requirement under division (A)(2) of section
4507.06 of the Revised Code or the vision screening requirement
under section 4507.12 of the Revised Code.
(B) The internet registration program shall require the
payment of all applicable driver's license renewal fees, except
the vision screening fee under division (A)(1) of section 4507.24
of the Revised Code, by the use of a financial transaction device.
In providing for payment by the use of a financial transaction
device, the registrar shall comply with section 113.40 of the
Revised Code. All fees associated with payment by use of a
financial transaction device shall be borne by the applicant
seeking the license renewal under the program established pursuant
to division (A) of this section. The bureau shall not pay any
costs, and shall not retain any additional fees, associated with
the use of a financial transaction device.
(C) As used in this section, "financial transaction device"
has the same meaning as in section 113.40 of the Revised Code.
Sec. 4507.12. (A) Except as provided in division (C) of
section 4507.10 or division (A) of section 4507.092 of the Revised
Code, each person applying for the renewal of a driver's license
shall submit to a screening of the person's vision before the
license may be renewed. The vision screening shall be conducted at
the office of the deputy registrar receiving the application for
license renewal.
(B) When the results of a vision screening given under
division (A) of this section indicate that the vision of the
person examined meets the standards required for licensing, the
deputy registrar may renew the person's driver's license at that
time.
(C) When the results of a vision screening given under
division (A) of this section indicate that the vision of the
person screened may not meet the standards required for licensing,
the deputy registrar shall not renew the person's driver's license
at that time but shall refer the person to a driver's license
examiner appointed by the director of public safety under section
5502.05 of the Revised Code for a further examination of the
person's vision. When a person referred to a driver's license
examiner by a deputy registrar does not meet the vision standards
required for licensing, the driver's license examiner shall retain
the person's operator's or chauffeur's license and shall
immediately notify the registrar of motor vehicles of that fact.
No driver's license shall be issued to any such person, until the
person's vision is corrected to meet the standards required for
licensing and the person passes the vision screening required by
this section. Any person who operates a motor vehicle on a
highway, or on any public or private property used by the public
for purposes of vehicular travel or parking, during the time the
person's driver's license is held by a driver's license examiner
under this division, shall be deemed to be operating a motor
vehicle in violation of division (A) of section 4510.12 of the
Revised Code.
(D) The registrar shall adopt rules and shall provide any
forms necessary to properly conduct vision screenings at the
office of a deputy registrar.
(E) No person conducting vision screenings under this section
shall be personally liable for damages for injury or loss to
persons or property and for death caused by the operation of a
motor vehicle by any person whose driver's license was renewed by
the deputy registrar under division (B) of this section.
Sec. 4507.21. (A) Each applicant for a driver's license
shall file an application in the office of with the registrar of
motor vehicles or of with a deputy registrar.
(B)(1) Each person under eighteen years of age applying for a
driver's license issued in this state shall present satisfactory
evidence of having successfully completed any one of the
following:
(a) A driver education course approved by the state
department of education prior to December 31, 2003.
(b) A driver training course approved by the director of
public safety.
(c) A driver training course comparable to a driver education
or driver training course described in division (B)(1)(a) or (b)
of this section and administered by a branch of the armed forces
of the United States and completed by the applicant while residing
outside this state for the purpose of being with or near any
person serving in the armed forces of the United States.
(2) Each person under eighteen years of age applying for a
driver's license also shall present, on a form prescribed by the
registrar, an affidavit signed by an eligible adult attesting that
the person has acquired at least fifty hours of actual driving
experience, with at least ten of those hours being at night.
(C) If the registrar or deputy registrar determines that the
applicant is entitled to the driver's license, it shall be issued.
If the application shows that the applicant's license has been
previously canceled or suspended, the deputy registrar shall
forward the application to the registrar, who shall determine
whether the license shall be granted.
(D) All applications shall be filed in duplicate, and the a
deputy registrar issuing the license shall immediately forward to
the office of the registrar the original copy of the application,
together with the duplicate copy of the certificate, if issued.
The registrar shall prescribe rules as to the manner in which the
deputy registrar files and maintains the applications and other
records. The registrar shall file every application for a driver's
or commercial driver's license and index them by name and number,
and shall maintain a suitable record of all licenses issued, all
convictions and bond forfeitures, all applications for licenses
denied, and all licenses that have been suspended or canceled.
(E) For purposes of section 2313.06 of the Revised Code, the
registrar shall maintain accurate and current lists of the
residents of each county who are eighteen years of age or older,
have been issued, on and after January 1, 1984, driver's or
commercial driver's licenses that are valid and current, and would
be electors if they were registered to vote, regardless of whether
they actually are registered to vote. The lists shall contain the
names, addresses, dates of birth, duration of residence in this
state, citizenship status, and social security numbers, if the
numbers are available, of the licensees, and may contain any other
information that the registrar considers suitable.
(F) Each person under eighteen years of age applying for a
motorcycle operator's endorsement or a restricted license enabling
the applicant to operate a motorcycle shall present satisfactory
evidence of having completed the courses of instruction in the
motorcycle safety and education program described in section
4508.08 of the Revised Code or a comparable course of instruction
administered by a branch of the armed forces of the United States
and completed by the applicant while residing outside this state
for the purpose of being with or near any person serving in the
armed forces of the United States. If the registrar or deputy
registrar then determines that the applicant is entitled to the
endorsement or restricted license, it shall be issued.
(G) No person shall knowingly make a false statement in an
affidavit presented in accordance with division (B)(2) of this
section.
(H) As used in this section, "eligible adult" means any of
the following persons:
(1) A parent, guardian, or custodian of the applicant;
(2) A person over the age of twenty-one who acts in loco
parentis of the applicant and who maintains proof of financial
responsibility with respect to the operation of a motor vehicle
owned by the applicant or with respect to the applicant's
operation of any motor vehicle.
(I) Whoever violates division (G) of this section is guilty
of a minor misdemeanor and shall be fined one hundred dollars.
Section 2. That existing sections 4507.06, 4507.12, and
4507.21 of the Revised Code are hereby repealed.
Section 3. That the version of section 4507.06 of the Revised
Code that is scheduled to take effect January 1, 2017, be amended
to read as follows:
Sec. 4507.06. (A)(1) Every application for a driver's
license, motorcycle operator's license or endorsement, or
motor-driven cycle or motor scooter license or endorsement, or
duplicate of any such license or endorsement, shall be made upon
the approved form furnished by the registrar of motor vehicles and
shall be signed by the applicant.
Every application shall state the following:
(a) The applicant's name, date of birth, social security
number if such has been assigned, sex, general description,
including height, weight, color of hair, and eyes, residence
address, including county of residence, duration of residence in
this state, and country of citizenship;
(b) Whether the applicant previously has been licensed as an
operator, chauffeur, driver, commercial driver, or motorcycle
operator and, if so, when, by what state, and whether such license
is suspended or canceled at the present time and, if so, the date
of and reason for the suspension or cancellation;
(c) Whether the applicant is now or ever has been afflicted
with epilepsy, or whether the applicant now is suffering from any
physical or mental disability or disease and, if so, the nature
and extent of the disability or disease, giving the names and
addresses of physicians then or previously in attendance upon the
applicant;
(d) Whether an applicant for a duplicate driver's license,
duplicate license containing a motorcycle operator endorsement, or
duplicate license containing a motor-driven cycle or motor scooter
endorsement has pending a citation for violation of any motor
vehicle law or ordinance, a description of any such citation
pending, and the date of the citation;
(e) Whether the applicant wishes to certify willingness to
make an anatomical gift under section 2108.05 of the Revised Code,
which shall be given no consideration in the issuance of a license
or endorsement;
(f) Whether the applicant has executed a valid durable power
of attorney for health care pursuant to sections 1337.11 to
1337.17 of the Revised Code or has executed a declaration
governing the use or continuation, or the withholding or
withdrawal, of life-sustaining treatment pursuant to sections
2133.01 to 2133.15 of the Revised Code and, if the applicant has
executed either type of instrument, whether the applicant wishes
the applicant's license to indicate that the applicant has
executed the instrument;
(g) On and after October 7, 2009, whether the applicant is a
veteran, active duty, or reservist of the armed forces of the
United States and, if the applicant is such, whether the applicant
wishes the applicant's license to indicate that the applicant is a
veteran, active duty, or reservist of the armed forces of the
United States by a military designation on the license.
(2) Every Except as provided in division (A) of section
4507.092 of the Revised Code, every applicant for a driver's
license shall be photographed in color at the time the application
for the license is made. The application shall state any
additional information that the registrar requires.
(B) The registrar or a deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall register as an elector
any person who applies for a license or endorsement under division
(A) of this section, or for a renewal or duplicate of the license
or endorsement, if the applicant is eligible and wishes to be
registered as an elector. The decision of an applicant whether to
register as an elector shall be given no consideration in the
decision of whether to issue the applicant a license or
endorsement, or a renewal or duplicate.
(C) The registrar or a deputy registrar, in accordance with
section 3503.11 of the Revised Code, shall offer the opportunity
of completing a notice of change of residence or change of name to
any applicant for a driver's license or endorsement under division
(A) of this section, or for a renewal or duplicate of the license
or endorsement, if the applicant is a registered elector who has
changed the applicant's residence or name and has not filed such a
notice.
(D) In addition to any other information it contains, on and
after October 7, 2009, the approved form furnished by the
registrar of motor vehicles for an application for a license or
endorsement or an application for a duplicate of any such license
or endorsement shall inform applicants that the applicant must
present a copy of the applicant's DD-214 or an equivalent document
in order to qualify to have the license or duplicate indicate that
the applicant is a veteran, active duty, or reservist of the armed
forces of the United States based on a request made pursuant to
division (A)(1)(g) of this section.
Section 4. That the existing version of section 4507.06 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.
Section 6. Section 4507.21 of the Revised Code is presented
in this act as a composite of the section as amended by both Am.
Sub. H.B. 407 and Am. Sub. S.B. 123 of the 124th General Assembly.
The General Assembly, applying the principle stated in division
(B) of section 1.52 of the Revised Code that amendments are to be
harmonized if reasonably capable of simultaneous operation, finds
that the composite is the resulting version of the section in
effect prior to the effective date of the section as presented in
this act.
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