H.B.
307
127th General Assembly
(As Introduced)
Rep. S. Williams
BILL SUMMARY
· Permits funds in the Financial Responsibility Compliance Fund to be used to cover the costs incurred by courts in connection with the enforcement of traffic laws in addition to the existing purposes for which those funds must be used.
· Requires the Bureau of Motor Vehicles to establish a procedure whereby a court may apply to the Bureau for money from the Fund for that purpose.
CONTENT AND OPERATION
The Financial Responsibility Law (R.C. 4509.101) prohibits persons from operating, or permitting the operation of, a motor vehicle in Ohio unless proof of financial responsibility is maintained continuously throughout the registration period with respect to that vehicle, or, in the case of a driver who is not the owner, with respect to that driver's operation of that vehicle. A person who violates the Financial Responsibility Law is subject to various civil penalties including the suspension of the person's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege and the impoundment of the person's license. (R.C. 4509.101(A).)
Under current law, all fees, except court costs, collected under the Financial Responsibility Law must be paid into the state treasury to the credit of the Financial Responsibility Compliance Fund. The money in the Fund is required to be used exclusively to cover costs incurred by the Bureau of Motor Vehicles in the administration of the Financial Responsibility Law and by any law enforcement agency employing any peace officer who returns any license, certificate of registration, or license plates to the Registrar, except that the Director of Budget and Management may transfer excess money from the Financial Responsibility Compliance Fund to the State Bureau of Motor Vehicles Fund if the Registrar determines that the amount of money in the Financial Responsibility Compliance Fund exceeds the amount required to cover such costs incurred by the Bureau or law enforcement agency and requires the Director to make the transfer. (R.C. 4509.101(E).)
Under the bill, the money in the Financial Responsibility Compliance Fund no longer is limited only to paying costs the Bureau incurs in the administration of the Financial Responsibility Law and costs a law enforcement agency incurs in returning a license, certificate of registration, or license plates to the Registrar. The money in the Fund also may be used to cover costs incurred by the courts in connection with the enforcement of traffic laws. The Bureau must establish a procedure whereby a court may apply to the Bureau for money from the Fund to cover the administrative and other costs the court incurs in the court's enforcement of the traffic laws of this state and of its political subdivisions. The Bureau is required to make the final determination regarding each application for money from the Fund within 90 days from the date the Bureau receives the application. The Bureau may approve an application for full funding, approve an application for partial funding, or reject an application. (R.C. 4509.101(E)(1) and (2).)
The Director of Budget and Management may transfer excess money from the Fund to the State Bureau of Motor Vehicles Fund if the Registrar determines that the amount of money in the Financial Responsibility Compliance Fund exceeds the amount required to cover the relevant costs incurred by the Bureau, law enforcement agencies, and, the bill provides, the courts and if the Registrar requests the Director to make the transfer (R.C. 4509.101(E)(1)).
HISTORY
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ACTION |
DATE |
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Introduced |
09-06-07 |
h0307-i-127.doc/kl