HB 199: Revise law governing all-purpose vehicles, other utility vehicles

As Introduced

136th General Assembly Regular Session H. B. No. 199 2025-2026 Representatives Miller, K., Plummer Cosponsors: Representatives Hall, T., Stephens, Daniels, Klopfenstein

A B I L L

To amend sections 1531.01, 1533.01, 1533.103, 1
1533.18, 2131.12, 2131.13, 2744.01, 2911.21, 2
2921.331, 2923.16, 4501.01, 4501.13, 4503.01, 3
4503.038, 4503.04, 4503.10, 4503.191, 4503.312, 4
4504.01, 4505.01, 4505.06, 4505.09, 4505.11, 5
4510.036, 4511.01, 4511.214, 4511.713, 4513.02, 6
4513.221, 4513.263, 4517.01, 4519.01, 4519.02, 7
4519.03, 4519.031, 4519.04, 4519.05, 4519.08, 8
4519.09, 4519.10, 4519.11, 4519.20, 4519.21, 9
4519.22, 4519.401, 4519.41, 4519.42, 4519.43, 10
4519.44, 4519.45, 4519.46, 4519.47, 4519.48, 11
4519.511, 4519.512, 4519.52, 4519.521, 4519.53, 12
4519.54, 4519.55, 4519.551, 4519.56, 4519.57, 13
4519.58, 4519.59, 4519.60, 4519.61, 4519.62, 14
4519.63, 4519.631, 4519.64, 4519.65, 4519.66, 15
4519.67, 4519.68, 4519.69, 4519.70, 5553.044, 16
5739.02, and 5815.36; to enact new section 17
4519.40 and sections 4519.041, 4519.23, 18
4519.402, 4519.403, and 4519.99; and to repeal 19
sections 4511.215, 4511.216, and 4519.40 of the 20
Revised Code to make changes to the laws 21
governing all-purpose vehicles, off-highway 22
motorcycles, snowmobiles, utility vehicles, and 23
mini-trucks. 24

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1531.01, 1533.01, 1533.103, 25
1533.18, 2131.12, 2131.13, 2744.01, 2911.21, 2921.331, 2923.16, 26
4501.01, 4501.13, 4503.01, 4503.038, 4503.04, 4503.10, 4503.191, 27
4503.312, 4504.01, 4505.01, 4505.06, 4505.09, 4505.11, 4510.036, 28
4511.01, 4511.214, 4511.713, 4513.02, 4513.221, 4513.263, 29
4517.01, 4519.01, 4519.02, 4519.03, 4519.031, 4519.04, 4519.05, 30
4519.08, 4519.09, 4519.10, 4519.11, 4519.20, 4519.21, 4519.22, 31
4519.401, 4519.41, 4519.42, 4519.43, 4519.44, 4519.45, 4519.46, 32
4519.47, 4519.48, 4519.511, 4519.512, 4519.52, 4519.521, 33
4519.53, 4519.54, 4519.55, 4519.551, 4519.56, 4519.57, 4519.58, 34
4519.59, 4519.60, 4519.61, 4519.62, 4519.63, 4519.631, 4519.64, 35
4519.65, 4519.66, 4519.67, 4519.68, 4519.69, 4519.70, 5553.044, 36
5739.02, and 5815.36 be amended and new section 4519.40 and 37
sections 4519.041, 4519.23, 4519.402, 4519.403, and 4519.99 of 38
the Revised Code be enacted to read as follows: 39

Sec. 1531.01. As used in this chapter and Chapter 1533. of the Revised Code:

(A) "Person" means a person as defined in section 1.59 of 42
the Revised Code or a company; an employee, agent, or officer of 43
such a person or company; a combination of individuals; the 44
state; a political subdivision of the state; an interstate body 45
created by a compact; or the federal government or a department, 46
agency, or instrumentality of it. 47

(B) "Resident" means either of the following: 48

H. B. No. 199 As Introduced

(1) An individual who has resided in this state for not 49
less than six months preceding the date of making application 50
for a license or permit; 51
(2) An individual who is a full-time student enrolled in 52
an accredited Ohio public or private college or university and 53
who resides in this state at the time the individual makes 54
application for a license or permit and who attests to the 55
individual's full-time student status in a manner determined by 56
the chief of the division of wildlife. 57
(C) "Nonresident" means any individual who does not 58
qualify as a resident. 59
(D) "Division rule" or "rule" means any rule adopted by 60
the chief of the division of wildlife under section 1531.10 of 61
the Revised Code unless the context indicates otherwise. 62
(E) "Closed season" means that period of time during which 63
the taking of wild animals protected by this chapter and Chapter 64
1533. of the Revised Code is prohibited. 65
(F) "Open season" means that period of time during which 66
the taking of wild animals protected by this chapter and Chapter 67
1533. of the Revised Code is permitted. 68
(G) "Take or taking" includes pursuing, shooting, hunting, 69
killing, trapping, angling, fishing with a trotline, or netting 70
any clam, mussel, crayfish, aquatic insect, fish, frog, turtle, 71
wild bird, or wild quadruped, and any lesser act, such as 72
wounding, or placing, setting, drawing, or using any other 73
device for killing or capturing any wild animal, whether it 74
results in killing or capturing the animal or not. "Take or 75
taking" includes every attempt to kill or capture and every act 76
of assistance to any other person in killing or capturing or 77

H. B. No. 199 As Introduced

ttempting to kill or capture a wild animal. 78
(H) "Possession" means both actual and constructive 79
possession and any control of things referred to. 80
(I) "Bag limit" means the number, measurement, or weight 81
of any kind of crayfish, aquatic insects, fish, frogs, turtles, 82
wild birds, and wild quadrupeds permitted to be taken. 83
(J) "Transport and transportation" means carrying or 84
moving or causing to be carried or moved. 85
(K) "Sell and sale" means barter, exchange, or offer or 86
expose for sale. 87
(L) "Whole to include part" means that every provision 88
relating to any wild animal protected by this chapter and 89
Chapter 1533. of the Revised Code applies to any part of the 90
wild animal with the same effect as it applies to the whole. 91
(M) "Angling" means fishing with not more than two hand 92
lines, not more than two units of rod and line, or a combination 93
of not more than one hand line and one rod and line, either in 94
hand or under control at any time while fishing. The hand line 95
or rod and line shall have attached to it not more than three 96
baited hooks, not more than three artificial fly rod lures, or 97
one artificial bait casting lure equipped with not more than 98
three sets of three hooks each. 99
(N) "Trotline" means a device for catching fish that 100
consists of a line having suspended from it, at frequent 101
intervals, vertical lines with hooks attached. 102
(O) "Fish" means a cold-blooded vertebrate having fins. 103
(P) "Measurement of fish" means length from the end of the 104
nose to the longest tip or end of the tail. 105

H. B. No. 199 As Introduced

(Q) "Wild birds" includes game birds and nongame birds. 106
(R) "Game" includes game birds, game quadrupeds, and fur- 107
bearing animals. 108
(S) "Game birds" includes mourning doves, ringneck 109
pheasants, bobwhite quail, ruffed grouse, sharp-tailed grouse, 110
pinnated grouse, wild turkey, Hungarian partridge, Chukar 111
partridge, woodcocks, black-breasted plover, golden plover, 112
Wilson's snipe or jacksnipe, greater and lesser yellowlegs, 113
rail, coots, gallinules, duck, geese, brant, and crows. 114
(T) "Nongame birds" includes all other wild birds not 115
included and defined as game birds or migratory game birds. 116
(U) "Wild quadrupeds" includes game quadrupeds and fur- 117
bearing animals. 118
(V) "Game quadrupeds" includes cottontail rabbits, gray 119
squirrels, black squirrels, fox squirrels, red squirrels, flying 120
squirrels, chipmunks, groundhogs or woodchucks, white-tailed 121
deer, wild boar, elk, and black bears. 122
(W) "Fur-bearing animals" includes minks, weasels, 123
raccoons, skunks, opossums, muskrats, fox, beavers, badgers, 124
otters, coyotes, and bobcats. 125
(X) "Wild animals" includes mollusks, crustaceans, aquatic 126
insects, fish, reptiles, amphibians, wild birds, wild 127
quadrupeds, and all other wild mammals, but does not include 128
domestic deer. 129
(Y) "Hunting" means pursuing, shooting, killing, following 130
after or on the trail of, lying in wait for, shooting at, or 131
wounding wild birds or wild quadrupeds while employing any 132
device commonly used to kill or wound wild birds or wild 133

H. B. No. 199 As Introduced

quadrupeds whether or not the acts result in killing or 134
wounding. "Hunting" includes every attempt to kill or wound and 135
every act of assistance to any other person in killing or 136
wounding or attempting to kill or wound wild birds or wild 137
quadrupeds. 138
(Z) "Trapping" means securing or attempting to secure 139
possession of a wild bird or wild quadruped by means of setting, 140
placing, drawing, or using any device that is designed to close 141
upon, hold fast, confine, or otherwise capture a wild bird or 142
wild quadruped whether or not the means results in capture. 143
"Trapping" includes every act of assistance to any other person 144
in capturing wild birds or wild quadrupeds by means of the 145
device whether or not the means results in capture. 146
(AA) "Muskrat spear" means any device used in spearing 147
muskrats. 148
(BB) "Channels and passages" means those narrow bodies of 149
water lying between islands or between an island and the 150
mainland in Lake Erie. 151
(CC) "Island" means a rock or land elevation above the 152
waters of Lake Erie having an area of five or more acres above 153
water. 154
(DD) "Reef" means an elevation of rock, either broken or 155
in place, or gravel shown by the latest United States chart to 156
be above the common level of the surrounding bottom of the lake, 157
other than the rock bottom, or in place forming the base or 158
foundation rock of an island or mainland and sloping from the 159
shore of it. "Reef" also means all elevations shown by that 160
chart to be above the common level of the sloping base or 161
foundation rock of an island or mainland, whether running from 162

H. B. No. 199 As Introduced

the shore of an island or parallel with the contour of the shore 163
of an island or in any other way and whether formed by rock, 164
broken or in place, or from gravel. 165
(EE) "Fur farm" means any area used exclusively for 166
raising fur-bearing animals or in addition thereto used for 167
hunting game, the boundaries of which are plainly marked as 168
such. 169
(FF) "Waters" includes any lake, pond, reservoir, stream, 170
channel, lagoon, or other body of water, or any part thereof, 171
whether natural or artificial. 172
(GG) "Crib" or "car" refers to that particular compartment 173
of the net from which the fish are taken when the net is lifted. 174
(HH) "Commercial fish" means those species of fish 175
permitted to be taken, possessed, bought, or sold unless 176
otherwise restricted by the Revised Code or division rule and 177
are alewife (Alosa pseudoharengus), American eel (Anguilla 178
rostrata), bowfin (Amia calva), burbot (Lota lota), carp 179
(Cyprinus carpio), smallmouth buffalo (Ictiobus bubalus), 180
bigmouth buffalo (Ictiobus cyprinellus), black bullhead 181
(Ictalurus melas), yellow bullhead (Ictalurus natalis), brown 182
bullhead (Ictalurus nebulosus), channel catfish (Ictalurus 183
punctatus), flathead catfish (Pylodictis olivaris), whitefish 184
(Coregonus sp.), cisco (Coregonus sp.), freshwater drum or 185
sheepshead (Aplodinotus grunniens), gar (Lepisosteus sp.), 186
gizzard shad (Dorosoma cepedianum), goldfish (Carassius 187
auratus), lake trout (Salvelinus namaycush), mooneye (Hiodon 188
tergisus), quillback (Carpiodes cyprinus), smelt (Allosmerus 189
elongatus, Hypomesus sp., Osmerus sp., Spirinchus sp.), sturgeon 190
(Acipenser sp., Scaphirhynchus sp.), sucker other than buffalo 191
and quillback (Carpiodes sp., Catostomus sp., Hypentelium sp., 192

H. B. No. 199 As Introduced

Minytrema sp., Moxostoma sp.), white bass (Morone chrysops), 193
white perch (Roccus americanus), and yellow perch (Perca 194
flavescens). When the common name of a fish is used in this 195
chapter or Chapter 1533. of the Revised Code, it refers to the 196
fish designated by the scientific name in this definition. 197
(II) "Fishing" means taking or attempting to take fish by 198
any method, and all other acts such as placing, setting, 199
drawing, or using any device commonly used to take fish whether 200
resulting in a taking or not. 201
(JJ) "Fillet" means the pieces of flesh taken or cut from 202
both sides of a fish, joined to form one piece of flesh. 203
(KK) "Part fillet" means a piece of flesh taken or cut 204
from one side of a fish. 205
(LL) "Round" when used in describing fish means with head 206
and tail intact. 207
(MM) "Migrate" means the transit or movement of fish to or 208
from one place to another as a result of natural forces or 209
instinct and includes, but is not limited to, movement of fish 210
induced or caused by changes in the water flow. 211
(NN) "Spreader bar" means a brail or rigid bar placed 212
across the entire width of the back, at the top and bottom of 213
the cars in all trap, crib, and fyke nets for the purpose of 214
keeping the meshes hanging squarely while the nets are fishing. 215
(OO) "Fishing guide" means any person who, for 216
consideration or hire, operates a boat, rents, leases, or 217
otherwise furnishes angling devices, ice fishing shanties or 218
shelters of any kind, or other fishing equipment, and 219
accompanies, guides, directs, or assists any other person in 220
order for the other person to engage in fishing. 221

H. B. No. 199 As Introduced

(PP) "Net" means fishing devices with meshes composed of 222
twine or synthetic material and includes, but is not limited to, 223
trap nets, fyke nets, crib nets, carp aprons, dip nets, and 224
seines, except minnow seines and minnow dip nets. 225
(QQ) "Commercial fishing gear" means seines, trap nets, 226
fyke nets, dip nets, carp aprons, trotlines, other similar gear, 227
and any boat used in conjunction with that gear, but does not 228
include gill nets. 229
(RR) "Native wildlife" means any species of the animal 230
kingdom indigenous to this state. 231
(SS) "Gill net" means a single section of fabric or 232
netting seamed to a float line at the top and a lead line at the 233
bottom, which is designed to entangle fish in the net openings 234
as they swim into it. 235
(TT) "Tag fishing tournament" means a contest in which a 236
participant pays a fee, or gives other valuable consideration, 237
for a chance to win a prize by virtue of catching a tagged or 238
otherwise specifically marked fish within a limited period of 239
time. 240
(UU) "Tenant" means an individual who resides on land for 241
which the individual pays rent and whose annual income is 242
primarily derived from agricultural production conducted on that 243
land, as "agricultural production" is defined in section 929.01 244
of the Revised Code. 245
(VV) "Nonnative wildlife" means any wild animal not 246
indigenous to this state, but does not include domestic deer. 247
(WW) "Reptiles" includes common musk turtle (sternotherus 248
odoratus), common snapping turtle (Chelydra serpentina 249
serpentina), spotted turtle (Clemmys guttata), eastern box 250

H. B. No. 199 As Introduced

turtle (Terrapene carolina carolina), Blanding's turtle 251
(Emydoidea blandingii), common map turtle (Graptemys 252
geographica), ouachita map turtle (Graptemys pseudogeographica 253
ouachitensis), midland painted turtle (Chrysemys picta 254
marginata), red-eared slider (Trachemys scripta elegans), 255
eastern spiny softshell turtle (Apalone spinifera spinifera), 256
midland smooth softshell turtle (Apalone mutica mutica), 257
northern fence lizard (Sceloporus undulatus hyacinthinus), 258
ground skink (Scincella lateralis), five-lined skink (Eumeces 259
fasciatus), broadhead skink (Eumeces laticeps), northern coal 260
skink (Eumeces anthracinus anthracinus), European wall lizard 261
(Podarcis muralis), queen snake (Regina septemvittata), 262
Kirtland's snake (Clonophis kirtlandii), northern water snake 263
(Nerodia sipedon sipedon), Lake Erie watersnake (Nerodia sipedon 264
insularum), copperbelly water snake (Nerodia erythrogaster 265
neglecta), northern brown snake (Storeria dekayi dekayi), 266
midland brown snake (Storeria dekayi wrightorum), northern 267
redbelly snake (Storeria occipitomaculata occipitomaculata), 268
eastern garter snake (Thamnophis sirtalis sirtalis), eastern 269
plains garter snake (Thamnophis radix radix), Butler's garter 270
snake (Thamnophis butleri), shorthead garter snake (Thamnophis 271
brachystoma), eastern ribbon snake (Thamnophis sauritus 272
sauritus), northern ribbon snake (Thamnophis sauritus 273
septentrionalis), eastern hognose snake (Heterodon platirhinos), 274
eastern smooth earth snake (Virginia valeriae valeriae), 275
northern ringneck snake (Diadophis punctatus edwardsii), midwest 276
worm snake (Carphophis amoenus helenae), eastern worm snake 277
(Carphophis amoenus amoenus), black racer (Coluber constrictor 278
constrictor), blue racer (Coluber constrictor foxii), rough 279
green snake (opheodrys aestivus), smooth green snake (opheodrys 280
vernalis vernalis), black rat snake (Elaphe obsoleta obsoleta), 281
eastern fox snake (Elaphe vulpina gloydi), black kingsnake 282

H. B. No. 199 As Introduced

(Lampropeltis getula nigra), eastern milk snake (Lampropeltis 283
triangulum triangulum), northern copperhead (Agkistrodon 284
contortrix mokasen), eastern massasauga (Sistrurus catenatus 285
catenatus), and timber rattlesnake (Crotalus horridus horridus). 286
(XX) "Amphibians" includes eastern hellbender 287
(Crytpobranchus alleganiensis alleganiensis), mudpuppy (Necturus 288
maculosus maculosus), red-spotted newt (Notophthalmus 289
viridescens viridescens), Jefferson salamander (Ambystoma 290
jeffersonianum), spotted salamander (Ambystoma maculatum), blue- 291
spotted salamander (Ambystoma laterale), smallmouth salamander 292
(Ambystoma texanum), streamside salamander (Ambystoma barbouri), 293
marbled salamander (Ambystoma opacum), eastern tiger salamander 294
(Ambystoma tigrinum tigrinum), northern dusky salamander 295
(Desmognathus fuscus fuscus), mountain dusky salamander 296
(Desmognathus ochrophaeus), redback salamander (Plethodon 297
cinereus), ravine salamander (Plethodon richmondi), northern 298
slimy salamander (Plethodon glutinosus), Wehrle's salamander 299
(Plethodon wehrlei), four-toed salamander (Hemidactylium 300
scutatum), Kentucky spring salamander (Gyrinophilus 301
porphyriticus duryi), northern spring salamander (Gyrinophilus 302
porphyriticus porphyriticus), mud salamander (Pseudotriton 303
montanus), northern red salamander (Pseudotriton ruber ruber), 304
green salamander (Aneides aeneus), northern two-lined salamander 305
(Eurycea bislineata), longtail salamander (Eurycea longicauda 306
longicauda), cave salamander (Eurycea lucifuga), southern two- 307
lined salamander (Eurycea cirrigera), Fowler's toad (Bufo 308
woodhousii fowleri), American toad (Bufo americanus), eastern 309
spadefoot (Scaphiopus holbrookii), Blanchard's cricket frog 310
(Acris crepitans blanchardi), northern spring peeper (Pseudacris 311
crucifer crucifer), gray treefrog (Hyla versicolor), Cope's gray 312
treefrog (Hyla chrysoscelis), western chorus frog (Pseudacris 313

H. B. No. 199 As Introduced

triseriata triseriata), mountain chorus frog (Pseudacris 314
brachyphona), bullfrog (Rana catesbeiana), green frog (Rana 315
clamitans melanota), northern leopard frog (Rana pipiens), 316
pickerel frog (Rana palustris), southern leopard frog (Rana 317
utricularia), and wood frog (Rana sylvatica). 318
(YY) "Deer" means white-tailed deer (Oddocoileus 319
virginianus). 320
(ZZ) "Domestic deer" means nonnative deer that have been 321
legally acquired or their offspring and that are held in private 322
ownership for primarily agricultural purposes. 323
(AAA) "Migratory game bird" includes waterfowl (Anatidae); 324
doves (Columbidae); cranes (Gruidae); cormorants 325
(Phalacrocoracidea); rails, coots, and gallinules (Rallidae); 326
and woodcock and snipe (Scolopacidae). 327
(BBB) "Accompany" means to go along with another person 328
while staying within a distance from the person that enables 329
uninterrupted, unaided visual and auditory communication. 330

(CCC) "All-purpose All-terrain vehicle" means any vehicle that is designed primarily for cross-country travel on land, water, or land and water and that is steered by wheels, caterpillar treads, or a combination of wheels and caterpillar treads and includes vehicles that operate on a cushion of air, vehicles commonly known as all-terrain vehicles, all-season vehicles, mini-bikes, and trail bikeshas the same meaning as in section 4519.01 of the Revised Code.

(DDD) "Wholly enclosed preserve" means an area of land 339
that is surrounded by a fence that is at least six feet in 340
height, unless otherwise specified in division rule, and is 341
constructed of a woven wire mesh, or another enclosure that the 342

H. B. No. 199 As Introduced

division of wildlife may approve, where game birds, game 343
quadrupeds, reptiles, amphibians, or fur-bearing animals are 344
raised and may be sold under the authority of a commercial 345
propagating license or captive white-tailed deer propagation 346
license obtained under section 1533.71 of the Revised Code. 347
(EEE) "Commercial bird shooting preserve" means an area of 348
land where game birds are released and hunted by shooting as 349
authorized by a commercial bird shooting preserve license 350
obtained under section 1533.72 of the Revised Code. 351
(FFF) "Wild animal hunting preserve" means an area of land 352
where game, captive white-tailed deer, and nonnative wildlife, 353
other than game birds, are released and hunted as authorized by 354
a wild animal hunting preserve license obtained under section 355
1533.721 of the Revised Code. 356
(GGG) "Captive white-tailed deer" means legally acquired 357
deer that are held in private ownership at a facility licensed 358
under section 943.03 or 943.031 of the Revised Code and under 359
section 1533.71 or 1533.721 of the Revised Code. 360
Sec. 1533.01. As used in this chapter, "person," 361
"resident," "nonresident," "division rule," "rule," "closed 362
season," "open season," "take or taking," "possession," "bag 363
limit," "transport and transportation," "sell and sale," "whole 364
to include part," "angling," "trotline," "fish," "measurement of 365
fish," "wild birds," "game," "game birds," "nongame birds," 366
"wild quadrupeds," "game quadrupeds," "fur-bearing animals," 367
"wild animals," "hunting," "trapping," "muskrat spear," 368
"channels and passages," "island," "reef," "fur farm," "waters," 369
"crib," "car," "commercial fish," "fishing," "fillet," "part 370
fillet," "round," "migrate," "spreader bar," "fishing guide," 371
"net," "commercial fishing gear," "native wildlife," "gill net," 372

H. B. No. 199 As Introduced

"tag fishing tournament," "tenant," "nonnative wildlife," 373
"reptiles," "amphibians," "deer," "domestic deer," "migratory 374
game bird," "accompany," "all-purpose all-terrain vehicle," 375
"wholly enclosed preserve," "commercial bird shooting preserve," 376
"wild animal hunting preserve," and "captive white-tailed deer" 377
have the same meanings as in section 1531.01 of the Revised 378
Code. 379

Sec. 1533.103. The chief of the division of wildlife shall adopt rules under section 1531.10 of the Revised Code that are necessary to administer the issuance of permits for the use of all-purpose all-terrain vehicles or motor vehicles by persons with mobility impairments to hunt wild quadrupeds or game birds in public and private areas. The rules shall establish eligibility requirements, an application procedure, the duration of a permit, identification and designation of public and private areas in which all-purpose all-terrain vehicles or motor vehicles may be used by permit holders, and any other procedures and requirements governing the permits that the chief determines are necessary. The chief shall not charge a fee for the issuance of a permit under this section.

Sec. 1533.18. As used in sections 1533.18 and 1533.181 of the Revised Code:

(A) "Premises" means all privately owned lands, ways, and 395
waters, and any buildings and structures thereon, and all 396
privately owned and state-owned lands, ways, and waters leased 397
to a private person, firm, or organization, including any 398
buildings and structures thereon. 399
(B) "Recreational user" means a person to whom permission 40
has been granted, without the payment of a fee or consideration 40
to the owner, lessee, or occupant of premises, other than a fee 40

H. B. No. 199 As Introduced

or consideration paid to the state or any agency of the state, 403
or a lease payment or fee paid to the owner of privately owned 404
lands, to enter upon premises to hunt, fish, trap, camp, hike, 405
or swim, or to operate a snowmobile, all-purpose all-terrain 406
vehicle, or four-wheel drive motor vehicle, or to engage in 407
other recreational pursuits. 408

(C) "All-purpose All-terrain vehicle" has the same meaning as in section 4519.01 of the Revised Code.

Sec. 2131.12. (A) As used in this section and section 2131.13 of the Revised Code:

(1) "Motor vehicle" has the same meaning as in section 413
4505.01 of the Revised Code. 414

(2) "Joint ownership with right of survivorship" means a form of ownership of a motor vehicle, all-purpose vehicle, offhighway motorcycle, watercraft, or outboard motor titled mode of transportation that is established pursuant to this section and pursuant to which the entire interest in the motor vehicle, allpurpose vehicle, off-highway motorcycle, watercraft, or outboard motor titled mode of transportation is held by two persons for their joint lives and thereafter by the survivor of them.

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(3) "Watercraft" has the same meaning as in division (A) of section 1548.01 of the Revised Code.

(4) "All-purpose All-terrain vehicle," has "off-highway motorcycle," "snowmobile," and "mini-truck" have the same meaning meanings as in section 4519.01 of the Revised Code.

(5) "Off-highway motorcycleUtility vehicle" has the same meaning as in section 4519.01 4501.01 of the Revised Code.

(6) "Certificate of title" means a certificate of title

H. B. No. 199 As Introduced

for a titled mode of transportation that is required or 43
authorized to be titled under Chapter 1548., 4505., or 4519. of 43
the Revised Code. 43

(7) "Titled mode of transportation" means a motor vehicle, an all-terrain vehicle, an off-highway motorcycle, a snowmobile, a mini-truck, a utility vehicle, a watercraft, or an outboard motor.

(B)(1) Any two persons may establish in accordance with this section joint ownership with right of survivorship in a motor vehicle, an all-purpose vehicle, an off-highway motorcycle, a watercraft, or an outboard motor titled mode of transportation for which a certificate of title is required or authorized under Chapter 1548., 4505., or 4519. of the Revised Code.

(2) If two persons wish to establish joint ownership with right of survivorship in a motor vehicle, an all-purpose vehicle, an off-highway motorcycle, a watercraft, or an outboard motor titled mode of transportation that is required or authorized to be titled under Chapter 1548., 4505., or 4519. of the Revised Code, they may make a joint application for a certificate of title under section 1548.07, 4505.06, or 4519.55 of the Revised Code, as applicable.

(C) If two persons have established in a certificate of 453
title joint ownership with right of survivorship in a motor 454
vehicle, an all-purpose vehicle, an off-highway motorcycle, a 455
watercraft, or an outboard motor that is required to be titled 456
under Chapter 1548., 4505., or 4519. of the Revised Code, and if 457
one of those persons diescertificate of title, the interest of 458
the deceased person in the motor vehicle, all-purpose vehicle, 459
off-highway motorcycle, watercraft, or outboard motor titled 460

H. B. No. 199 As Introduced

mode of transportation shall pass to the survivor of them upon 46
transfer of title to the motor vehicle, all-purpose vehicle, 46
off-highway motorcycle, watercraft, or outboard motor titled 46
mode of transportation in accordance with section 1548.11, 46
4505.10, or 4519.60 of the Revised Code. The motor vehicle, all- 46
purpose vehicle, off-highway motorcycle, watercraft, or outboard 46
motor titled mode of transportation shall not be considered an 46
estate asset and shall not be included and stated in the estate 46
inventory. 46

Sec. 2131.13. (A) As used in this section:

(1) "Designate or designation in beneficiary form" means 471
to designate, or the designation of, a motor vehicle, an all- 472
purpose vehicle, an off-highway motorcycle, a watercraft, or an 473
outboard motor titled mode of transportation in a certificate of 474
title that indicates the present owner of the motor vehicle, 475
all-purpose vehicle, off-highway motorcycle, watercraft, or 476
outboard motor titled mode of transportation and the intention 477
of the present owner with respect to the transfer of ownership 478
on the present owner's death by designating one or more persons 479
as the beneficiary or beneficiaries who will become the owner or 480
owners of the motor vehicle, all-purpose vehicle, off-highway 481
motorcycle, watercraft, or outboard motor titled mode of 482
transportation upon the death of the present owner. 483
(2) "Motor vehicle" has the same meaning as in section 484
4505.01 of the Revised Code. 485
(3) "Person" means an individual, a corporation, an 486
organization, or other legal entity. 487
(4) (3) "Transfer-on-death beneficiary or beneficiaries" 488
means a person or persons specified in a certificate of title of 489

H. B. No. 199 As Introduced

a motor vehicle, all-purpose vehicle, off-highway motorcycle, 490
watercraft, or outboard motor titled mode of transportation who 491
will become the owner or owners of the motor vehicle, all- 492
purpose vehicle, off-highway motorcycle, watercraft, or outboard 493
motor titled mode of transportation upon the death of the 494
present owner of the motor vehicle, all-purpose vehicle, off- 495
highway motorcycle, watercraft, or outboard motortitled mode of 496
transportation. 497
(5) "Watercraft" has the same meaning as in section 498
1548.01 of the Revised Code. 499
(6) (4) "Owner" includes the plural as well as the 500
singular, as specified in section 1.43 of the Revised Code. 501
(7) "Joint ownership with right of survivorship" has the 502
same meaning as in section 2131.12 of the Revised Code. 503
(8) "All-purpose vehicle" has the same meaning as in 504
section 4519.01 of the Revised Code. 505
(9) "Off-highway motorcycle" has the same meaning as in 506
section 4519.01 of the Revised Code. 507
(B)(1) An individual whose certificate of title of a motor 508
vehicle, all-purpose vehicle, off-highway motorcycle, 509
watercraft, or outboard motor titled mode of transportation 510
shows sole ownership by that individual may make an application 511
for a certificate of title under section 1548.07, 4505.06, or 512
4519.55 of the Revised Code, as applicable, to designate that 513
motor vehicle, all-purpose vehicle, off-highway motorcycle, 514
watercraft, or outboard motor titled mode of transportation in 515
beneficiary form pursuant to this section. 516
(2) Individuals whose certificate of title of a motor 517

vehicle, all-purpose vehicle, off-highway motorcycle, 518

H. B. No. 199 As Introduced

watercraft, or outboard motor titled mode of transportation 519
shows joint ownership with right of survivorship may jointly 520
make an application for a certificate of title under section 521
1548.07, 4505.06, or 4519.55 of the Revised Code, as applicable, 522
to designate that motor vehicle, all-purpose vehicle, off- 523
highway motorcycle, watercraft, or outboard motor titled mode of 524
transportation in beneficiary form pursuant to this section. 525
(C)(1) A motor vehicle, all-purpose vehicle, off-highway 526
motorcycle, watercraft, or outboard motor titled mode of 527
transportation is designated in beneficiary form if the 528
certificate of title of the motor vehicle, all-purpose vehicle, 529
off-highway motorcycle, watercraft, or outboard motor titled 530
mode of transportation includes the name or names of the 531
transfer-on-death beneficiary or beneficiaries. 532

(2) The designation of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor titled mode of transportation in beneficiary form is not required to be supported by consideration, and the certificate of title in which the designation is made is not required to be delivered to the transfer-on-death beneficiary or beneficiaries in order for the designation in beneficiary form to be effective.

(D) The designation of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor titled mode of transportation in beneficiary form may be shown in the certificate of title by the words "transfer-on-death" or the abbreviation "TOD" after the name of the owner of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor titled mode of transportation and before the name or names of the transfer-on-death beneficiary or

H. B. No. 199 As Introduced

beneficiaries.

(E) The designation of a transfer-on-death beneficiary or beneficiaries on a certificate of title has no effect on the ownership of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor titled mode of transportation until the death of the owner of the motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motortitled mode of transportation. The owner of a motor vehicle, all-purpose vehicle, off-highway motorcycle, watercraft, or outboard motor titled mode of transportation may cancel or change the designation of a transfer-on-death beneficiary or beneficiaries on a certificate of title at any time without the consent of the transfer-ondeath beneficiary or beneficiaries by making an application for a certificate of title under section 1548.07, 4505.06, or 4519.55 of the Revised Code, as applicable.

(F)(1) Upon the death of the owner of a motor vehicle, 565
all-purpose vehicle, off-highway motorcycle, watercraft, or 566
outboard motor titled mode of transportation designated in 567
beneficiary form, the ownership of the motor vehicle, all- 568
purpose vehicle, off-highway motorcycle, watercraft, or outboard 569
motor titled mode of transportation shall pass to the transfer- 570
on-death beneficiary or beneficiaries who survive the owner upon 571
transfer of title to the motor vehicle, all-purpose vehicle, 572
off-highway motorcycle, watercraft, or outboard motor titled 573
mode of transportation in accordance with section 1548.11, 574
4505.10, or 4519.60 of the Revised Code, as applicable. The 575
transfer-on-death beneficiary or beneficiaries who survive the 576
owner may apply for a certificate of title to the motor vehicle, 577
all-purpose vehicle, off-highway motorcycle, watercraft, or 578
outboard motor titled mode of transportation upon submitting 579

H. B. No. 199 As Introduced

proof of the death of the owner of the motor vehicle, all- 580
purpose vehicle, off-highway motorcycle, watercraft, or outboard 581
motortitled mode of transportation. 582
(2) If no transfer-on-death beneficiary or beneficiaries 583
survive the owner of a motor vehicle, watercraft, or outboard 584
motortitled mode of transportation, the motor vehicle, 585
watercraft, or outboard motor titled mode of transportation 586
shall be included in the probate estate of the deceased owner. 587
(G)(1) Any transfer of a motor vehicle, all-purpose 588
vehicle, off-highway motorcycle, watercraft, or outboard motor 589
titled mode of transportation to a transfer-on-death beneficiary 590
or beneficiaries that results from a designation of the motor 591
vehicle, all-purpose vehicle, off-highway motorcycle, 592
watercraft, or outboard motor titled mode of transportation in 593
beneficiary form is not testamentary. 594
(2) This section does not limit the rights of any creditor 595
of the owner of a motor vehicle, all-purpose vehicle, off- 596
highway motorcycle, watercraft, or outboard motor titled mode of 597
transportation against any transfer-on-death beneficiary or 598
beneficiaries or other transferees of the motor vehicle, all- 599
purpose vehicle, off-highway motorcycle, watercraft, or outboard 600
motor titled mode of transportation under other laws of this 601
state. 602
(H)(1) This section shall be known and may be cited as the 603
"Transfer-on-Death of Motor Vehicle, All-Purpose Vehicle, Off- 604
Highway Motorcycle, Watercraft, or Outboard Motor Statute." 605
(2) Divisions (A) to (H) of this section shall be 606
liberally construed and applied to promote their underlying 607
purposes and policy. 608

H. B. No. 199 As Introduced

(3) Unless displaced by particular provisions of divisions 609
(A) to (H) of this section, the principles of law and equity 610
supplement the provisions of those divisions. 611

Sec. 2744.01. As used in this chapter:

(A) "Emergency call" means a call to duty, including, but 613
not limited to, communications from citizens, police dispatches, 614
and personal observations by peace officers of inherently 615
dangerous situations that demand an immediate response on the 616
part of a peace officer. 617

(B) "Employee" means an officer, agent, employee, or servant, whether or not compensated or full-time or part-time, who is authorized to act and is acting within the scope of the officer's, agent's, employee's, or servant's employment for a political subdivision. "Employee" does not include an independent contractor and does not include any individual engaged by a school district pursuant to section 3319.301 of the Revised Code. "Employee" includes any elected or appointed official of a political subdivision. "Employee" also includes a person who has been convicted of or pleaded guilty to a criminal offense and who has been sentenced to perform community service work in a political subdivision whether pursuant to section 2951.02 of the Revised Code or otherwise, and a child who is found to be a delinquent child and who is ordered by a juvenile court pursuant to section 2152.19 or 2152.20 of the Revised Code to perform community service or community work in a political subdivision.

(C)(1) "Governmental function" means a function of a 635
political subdivision that is specified in division (C)(2) of 636
this section or that satisfies any of the following: 637

H. B. No. 199 As Introduced

(a) A function that is imposed upon the state as an 638
obligation of sovereignty and that is performed by a political 639
subdivision voluntarily or pursuant to legislative requirement; 640
(b) A function that is for the common good of all citizens 641
of the state; 642
(c) A function that promotes or preserves the public 643
peace, health, safety, or welfare; that involves activities that 644
are not engaged in or not customarily engaged in by 645
nongovernmental persons; and that is not specified in division 646
(G)(2) of this section as a proprietary function. 647
(2) A "governmental function" includes, but is not limited 648
to, the following: 649
(a) The provision or nonprovision of police, fire, 650
emergency medical, ambulance, and rescue services or protection; 651
(b) The power to preserve the peace; to prevent and 652
suppress riots, disturbances, and disorderly assemblages; to 653
prevent, mitigate, and clean up releases of oil and hazardous 654
and extremely hazardous substances as defined in section 3750.01 655
of the Revised Code; and to protect persons and property; 656
(c) The provision of a system of public education; 657
(d) The provision of a free public library system; 658
(e) The regulation of the use of, and the maintenance and 659
repair of, roads, highways, streets, avenues, alleys, sidewalks, 660
bridges, aqueducts, viaducts, and public grounds; 661
(f) Judicial, quasi-judicial, prosecutorial, legislative, 662
and quasi-legislative functions; 663
(g) The construction, reconstruction, repair, renovation, 664

H. B. No. 199 Page 24

As Introduced

maintenance, and operation of buildings that are used in 665
connection with the performance of a governmental function, 666
including, but not limited to, office buildings and courthouses; 667
(h) The design, construction, reconstruction, renovation, 668
repair, maintenance, and operation of jails, places of juvenile 669
detention, workhouses, or any other detention facility, as 670
defined in section 2921.01 of the Revised Code; 671
(i) The enforcement or nonperformance of any law; 672
(j) The regulation of traffic, and the erection or 673
nonerection of traffic signs, signals, or control devices; 674
(k) The collection and disposal of solid wastes, as 675
defined in section 3734.01 of the Revised Code, including, but 676
not limited to, the operation of solid waste disposal 677
facilities, as "facilities" is defined in that section, and the 678
collection and management of hazardous waste generated by 679
households. As used in division (C)(2)(k) of this section, 680
"hazardous waste generated by households" means solid waste 681
originally generated by individual households that is listed 682
specifically as hazardous waste in or exhibits one or more 683
characteristics of hazardous waste as defined by rules adopted 684
under section 3734.12 of the Revised Code, but that is excluded 685
from regulation as a hazardous waste by those rules. 686
(l) The provision or nonprovision, planning or design, 687
construction, or reconstruction of a public improvement, 688
including, but not limited to, a sewer system; 689
(m) The operation of a job and family services department 690
or agency, including, but not limited to, the provision of 691
assistance to aged and infirm persons and to persons who are 692
indigent; 693

H. B. No. 199 As Introduced

(n) The operation of a health board, department, or 694
ncy, including, but not limited to, any statutorily required 695
or permissive program for the provision of immunizations or 696
other inoculations to all or some members of the public, 697
provided that a "governmental function" does not include the 698
supply, manufacture, distribution, or development of any drug or 699
cine employed in any such immunization or inoculation program 700
any supplier, manufacturer, distributor, or developer of the 701
drug or vaccine; 702
(o) The operation of mental health facilities, 703
elopmental disabilities facilities, alcohol treatment and 704
control centers, and children's homes or agencies; 705
(p) The provision or nonprovision of inspection services 706
all types, including, but not limited to, inspections in 707
connection with building, zoning, sanitation, fire, plumbing, 708
electrical codes, and the taking of actions in connection 709
with those types of codes, including, but not limited to, the 710
approval of plans for the construction of buildings or 711
uctures and the issuance or revocation of building permits or 712
stop work orders in connection with buildings or structures; 713
(q) Urban renewal projects and the elimination of slum 714
ditions, including the performance of any activity that a 715
nty land reutilization corporation is authorized to perform 716
er Chapter 1724. or 5722. of the Revised Code; 717
(r) Flood control measures; 718
(s) The design, construction, reconstruction, renovation, 719
operation, care, repair, and maintenance of a township cemetery; 720
(t) The issuance of revenue obligations under section 721
140.06 of the Revised Code; 722

H. B. No. 199 As Introduced

(u) The design, construction, reconstruction, renovation, 723
repair, maintenance, and operation of any school athletic 724
facility, school auditorium, or gymnasium or any recreational 725
area or facility, including, but not limited to, any of the 726
following: 727
(i) A park, playground, or playfield; 728
(ii) An indoor recreational facility; 729
(iii) A zoo or zoological park; 730
(iv) A bath, swimming pool, pond, water park, wading pool, 731
wave pool, water slide, or other type of aquatic facility; 732
(v) A golf course; 733
(vi) A bicycle motocross facility or other type of 734
recreational area or facility in which bicycling, skating, skate 735
boarding, or scooter riding is engaged; 736
(vii) A rope course or climbing walls; 737
(viii) An all-purpose all-terrain vehicle facility in 738
which all-purpose all-terrain vehicles, as defined in section 739
4519.01 of the Revised Code, are contained, maintained, or 740
operated for recreational activities. 741
(v) The provision of public defender services by a county 742
or joint county public defender's office pursuant to Chapter 743
120. of the Revised Code; 744
(w)(i) At any time before regulations prescribed pursuant 745
to 49 U.S.C.A 20153 become effective, the designation, 746
establishment, design, construction, implementation, operation, 747
repair, or maintenance of a public road rail crossing in a zone 748
within a municipal corporation in which, by ordinance, the 749

H. B. No. 199 As Introduced

legislative authority of the municipal corporation regulates the 750
sounding of locomotive horns, whistles, or bells; 751
(ii) On and after the effective date of regulations 752
prescribed pursuant to 49 U.S.C.A. 20153, the designation, 753
establishment, design, construction, implementation, operation, 754
repair, or maintenance of a public road rail crossing in such a 755
zone or of a supplementary safety measure, as defined in 49 756
U.S.C.A 20153, at or for a public road rail crossing, if and to 757
the extent that the public road rail crossing is excepted, 758
pursuant to subsection (c) of that section, from the requirement 759
of the regulations prescribed under subsection (b) of that 760
section. 761
(x) A function that the general assembly mandates a 762
political subdivision to perform. 763
(D) "Law" means any provision of the constitution, 764
statutes, or rules of the United States or of this state; 765
provisions of charters, ordinances, resolutions, and rules of 766
political subdivisions; and written policies adopted by boards 767
of education. When used in connection with the "common law," 768
this definition does not apply. 769
(E) "Motor vehicle" has the same meaning as in section 770
4511.01 of the Revised Code. 771
(F) "Political subdivision" or "subdivision" means a 772
municipal corporation, township, county, school district, or 773
other body corporate and politic responsible for governmental 774
activities in a geographic area smaller than that of the state. 775
"Political subdivision" includes, but is not limited to, a 776
county hospital commission appointed under section 339.14 of the 777
Revised Code, board of hospital commissioners appointed for a 778

H. B. No. 199 As Introduced

municipal hospital under section 749.04 of the Revised Code, 779
board of hospital trustees appointed for a municipal hospital 780
under section 749.22 of the Revised Code, regional planning 781
commission created pursuant to section 713.21 of the Revised 782
Code, county planning commission created pursuant to section 783
713.22 of the Revised Code, joint planning council created 784
pursuant to section 713.231 of the Revised Code, interstate 785
regional planning commission created pursuant to section 713.30 786
of the Revised Code, port authority created pursuant to section 787
4582.02 or 4582.26 of the Revised Code or in existence on 788
December 16, 1964, regional council established by political 789
subdivisions pursuant to Chapter 167. of the Revised Code, 790
emergency planning district and joint emergency planning 791
district designated under section 3750.03 of the Revised Code, 792
joint emergency medical services district created pursuant to 793
section 307.052 of the Revised Code, fire and ambulance district 794
created pursuant to section 505.375 of the Revised Code, joint 795
interstate emergency planning district established by an 796
agreement entered into under that section, county solid waste 797
management district and joint solid waste management district 798
established under section 343.01 or 343.012 of the Revised Code, 799
community school established under Chapter 3314. of the Revised 800
Code, county land reutilization corporation organized under 801
Chapter 1724. of the Revised Code, the county or counties served 802
by a community-based correctional facility and program or 803
district community-based correctional facility and program 804
established and operated under sections 2301.51 to 2301.58 of 805
the Revised Code, a community-based correctional facility and 806
program or district community-based correctional facility and 807
program that is so established and operated, and the facility 808
governing board of a community-based correctional facility and 809
program or district community-based correctional facility and 810

H. B. No. 199 As Introduced

program that is so established and operated. 811
(G)(1) "Proprietary function" means a function of a 812
political subdivision that is specified in division (G)(2) of 813
this section or that satisfies both of the following: 814
(a) The function is not one described in division (C)(1) 815
(a) or (b) of this section and is not one specified in division 816
(C)(2) of this section; 817
(b) The function is one that promotes or preserves the 818
public peace, health, safety, or welfare and that involves 819
activities that are customarily engaged in by nongovernmental 820
persons. 821
(2) A "proprietary function" includes, but is not limited 822
to, the following: 823
(a) The operation of a hospital by one or more political 824
subdivisions; 825
(b) The design, construction, reconstruction, renovation, 826
repair, maintenance, and operation of a public cemetery other 827
than a township cemetery; 828
(c) The establishment, maintenance, and operation of a 829
utility, including, but not limited to, a light, gas, power, or 830
heat plant, a railroad, a busline or other transit company, an 831
airport, and a municipal corporation water supply system; 832
(d) The maintenance, destruction, operation, and upkeep of 833
a sewer system; 834
(e) The operation and control of a public stadium, 835
auditorium, civic or social center, exhibition hall, arts and 836
crafts center, band or orchestra, or off-street parking 837
facility. 838

H. B. No. 199 As Introduced

(H) "Public roads" means public roads, highways, streets, 839
enues, alleys, and bridges within a political subdivision. 840
"Public roads" does not include berms, shoulders, rights-of-way, 841
traffic control devices unless the traffic control devices 842
are mandated by the Ohio manual of uniform traffic control 843
devices. 844
(I) "State" means the state of Ohio, including, but not 845
mited to, the general assembly, the supreme court, the offices 846
all elected state officers, and all departments, boards, 847
ffices, commissions, agencies, colleges and universities, 848
nstitutions, and other instrumentalities of the state of Ohio. 849
tate" does not include political subdivisions. 850
Sec. 2911.21. (A) No person, without privilege to do so, 851
hall do any of the following: 852
(1) Knowingly enter or remain on the land or premises of 853
another; 854
(2) Knowingly enter or remain on the land or premises of 855
another, the use of which is lawfully restricted to certain 856
ersons, purposes, modes, or hours, when the offender knows the 857
fender is in violation of any such restriction or is reckless 858
in that regard; 859
(3) Recklessly enter or remain on the land or premises of 860
other, as to which notice against unauthorized access or 861
esence is given by actual communication to the offender, or in 862
manner prescribed by law, or by posting in a manner reasonably 863
alculated to come to the attention of potential intruders, or 864
y fencing or other enclosure manifestly designed to restrict 865
access; 866
(4) Being on the land or premises of another, negligently 867

H. B. No. 199 As Introduced

fail or refuse to leave upon being notified by signage posted in 868
a conspicuous place or otherwise being notified to do so by the 869
owner or occupant, or the agent or servant of either; 870
(5) Knowingly enter or remain on a critical infrastructure 871
facility. 872
(B) It is no defense to a charge under this section that 873
the land or premises involved was owned, controlled, or in 874
custody of a public agency. 875
(C) It is no defense to a charge under this section that 876
the offender was authorized to enter or remain on the land or 877
premises involved, when such authorization was secured by 878
deception. 879
(D)(1) Whoever violates this section is guilty of criminal 880
trespass. Criminal trespass in violation of division (A)(1), 881
(2), (3), or (4) of this section is a misdemeanor of the fourth 882
degree. Criminal trespass in violation of division (A)(5) of 883
this section is a misdemeanor of the first degree. 884
(2) Notwithstanding section 2929.28 of the Revised Code, 885
if the person, in committing the violation of this section, used 886
a snowmobile, off-highway motorcycle, utility vehicle, or all- 887
purpose all-terrain vehicle, the court shall impose a fine of 888
two times the usual amount imposed for the violation. 889
(3) If an offender previously has been convicted of or 890
pleaded guilty to two or more violations of this section or a 891
substantially equivalent municipal ordinance, and the offender, 892
in committing each violation, used a snowmobile, off-highway 893
motorcycle, utility vehicle, or all-purpose all-terrain vehicle, 894
the court, in addition to or independent of all other penalties 895
imposed for the violation, may impound the certificate of 896

H. B. No. 199 As Introduced

registration of that snowmobile or off-highway motorcycle or the
certificate of registration and license plate of that all- 898
purpose utility vehicle or all-terrain vehicle for not less than 899
sixty days. In such a case, section 4519.47 of the Revised Code 900
applies. 901
(E) Notwithstanding any provision of the Revised Code, if 902
the offender, in committing the violation of this section, used 903
a utility vehicle or an all-purpose all-terrain vehicle, the 904
clerk of the court shall pay the fine imposed pursuant to this 905
section to the state recreational vehicle fund created by 906
section 4519.11 of the Revised Code. 907
(F) As used in this section: 908
(1) "All-purpose All-terrain vehicle," "off-highway 909
motorcycle," and "snowmobile" have the same meanings as in 910
section 4519.01 of the Revised Code. 911
(2) "Utility vehicle" has the same meaning as in section 912
4501.01 of the Revised Code. 913
(3) "Land or premises" includes any land, building, 914
structure, or place belonging to, controlled by, or in custody 915
of another, and any separate enclosure or room, or portion 916
thereof. 917
(3) (4) "Production operation," "well," and "well pad" 918
have the same meanings as in section 1509.01 of the Revised 919
Code. 920
(4) (5) "Critical infrastructure facility" means: 921
(a) One of the following, if completely enclosed by a 922
fence or other physical barrier that is obviously designed to 923
exclude intruders, or if clearly marked with signs that are 924

H. B. No. 199 As Introduced

asonably likely to come to the attention of potential 925
intruders and that indicate entry is forbidden without site 926
authorization: 927
(i) A petroleum or alumina refinery; 928
(ii) An electric generating facility, substation, 929
itching station, electrical control center, or electric 930
ansmission and distribution lines and associated equipment; 931
(iii) A chemical, polymer, or rubber manufacturing 932
facility; 933
(iv) A water intake structure, water treatment facility, 934
waste water facility, drainage facility, water management 935
cility, or any similar water or sewage treatment system and 936
s water and sewage piping; 937
(v) A natural gas company facility or interstate natural 938
gas pipeline, including a pipeline interconnection, a natural 939
gas compressor station and associated facilities, city gate or 940
wn border station, metering station, above-ground piping, 941
regulator station, valve site, delivery station, fabricated 942
assembly, or any other part of a natural gas storage facility 943
involved in the gathering, storage, transmission, or 944
distribution of gas; 945
(vi) A telecommunications central switching office or 946
remote switching facility or an equivalent network facility that 947
serves a similar purpose; 948
(vii) Wireline or wireless telecommunications 949
infrastructure, including telecommunications towers and 950
telephone poles and lines, including fiber optic lines; 951
(viii) A port, trucking terminal, or other freight 952

H. B. No. 199 Page 34 As Introduced

transportation facility; 953
(ix) A gas processing plant, including a plant used in the 954
processing, treatment, or fractionation of natural gas or 955
natural gas liquids; 956
(x) A transmission facility used by a federally licensed 957
radio or television station; 958
(xi) A steel-making facility that uses an electric arc 959
furnace to make steel; 960
(xii) A facility identified and regulated by the United 961
States department of homeland security's chemical facility anti- 962
terrorism standards program under 6 C.F.R. part 27; 963
(xiii) A dam that is regulated by the state or federal 964
government; 965
(xiv) A crude oil or refined products storage and 966
distribution facility, including valve sites, pipeline 967
interconnections, pump station, metering station, below- or 968
above-ground pipeline, or piping and truck loading or off- 969
loading facility; 970
(xv) A video service network and broadband infrastructure, 971
including associated buildings and facilities, video service 972
headends, towers, utility poles, and utility lines such as fiber 973
optic lines. As used in this division, "video service network" 974
has the same meaning as in section 1332.21 of the Revised Code. 975
(xvi) Any above-ground portion of an oil, gas, hazardous 976
liquid or chemical pipeline, tank, or other storage facility; 977
(xvii) Any above-ground portion of a well, well pad, or 978
production operation; 979

H. B. No. 199 As Introduced

(xviii) A laydown area or construction site for pipe and 980
other equipment intended for use on an interstate or intrastate 981
natural gas or crude oil pipeline; 982
(xix) Any mining operation, including any processing 983
equipment, batching operation, or support facility for that 984
mining operation. 985
(b) With respect to a video service network or broadband 986
or wireless telecommunications infrastructure, the above-ground 987
portion of a facility installed in a public right-of-way on a 988
utility pole or in a conduit; 989
(c) Any railroad property; 990
(d) An electronic asset of any of the following: 991
(i) An electric light company that is a public utility 992
nder section 4905.02 of the Revised Code; 993
(ii) An electric cooperative, as defined in section 994
4928.01 of the Revised Code; 995
(iii) A municipal electric utility, as defined in section 996
928.01 of the Revised Code; 997
(iv) A natural gas company that is a public utility under 998
section 4905.02 of the Revised Code; 999
(v) A telephone company that is a public utility under 1000
section 4905.02 of the Revised Code; 1001
(vi) A video service provider, including a cable operator, 1002
as those terms are defined in section 1332.21 of the Revised 1003
Code. 1004
(5) (6) "Electronic asset" includes, but is not limited 1005
to, the hardware, software, and data of a programmable 1006

H. B. No. 199 As Introduced

electronic device; all communications, operations, and customer 1007
data networks; and the contents of those data networks. 1008
Sec. 2921.331. (A) No person shall fail to comply with any 1009
lawful order or direction of any police officer invested with 1010
authority to direct, control, or regulate traffic. 1011
(B) No person shall operate a motor vehicle, off-highway 1012
motorcycle, all-terrain vehicle, snowmobile, utility vehicle, or 1013
mini-truck so as willfully purposely to elude or flee a police 1014
officer after receiving a visible or audible signal from a 1015
police officer to bring the person's motor vehicle, off-highway 1016
motorcycle, all-terrain vehicle, snowmobile, utility vehicle, or 1017
mini-truck to a stop. 1018
(C)(1) Whoever violates this section is guilty of failure 1019
to comply with an order or signal of a police officer. 1020
(2) A violation of division (A) of this section is a 1021
misdemeanor of the first degree. 1022
(3) Except as provided in divisions (C)(4) and (5) of this 1023
section, a violation of division (B) of this section is a felony 1024
of the fourth degree. 1025
(4) A violation of division (B) of this section is a 1026
felony of the third degree if the jury or judge as trier of fact 1027
finds by proof beyond a reasonable doubt that, in committing the 1028
offense, the offender was fleeing immediately after the 1029
commission of a felony. 1030
(5)(a) A violation of division (B) of this section is a 1031
felony of the third degree if the jury or judge as trier of fact 1032
finds any of the following by proof beyond a reasonable doubt: 1033
(i) The operation of the motor vehicle, off-highway 1034

H. B. No. 199 As Introduced

motorcycle, all-terrain vehicle, snowmobile, utility vehicle, or mini-truck by the offender was a proximate cause of serious physical harm to persons or property.

(ii) The operation of the motor vehicle, off-highway motorcycle, all-terrain vehicle, snowmobile, utility vehicle, or mini-truck by the offender caused a substantial risk of serious physical harm to persons or property.

1035
1036
1037
1038
1039
1040
1041
1042
1043
1044
1045
1046
1047
1048
1049

(b) If a police officer pursues an offender who is violating division (B) of this section and division (C)(5)(a) of this section applies, the sentencing court, in determining the seriousness of an offender's conduct for purposes of sentencing the offender for a violation of division (B) of this section, shall consider, along with the factors set forth in sections 2929.12 and 2929.13 of the Revised Code that are required to be considered, all of the following:

(i) The duration of the pursuit; 1050
(ii) The distance of the pursuit; 1051
(iii) The rate of speed at which the offender operated the 1052
motor vehicle, off-highway motorcycle, all-terrain vehicle, 1053
snowmobile, utility vehicle, or mini-truck during the pursuit; 1054
(iv) Whether the offender failed to stop for traffic 1055
lights or stop signs during the pursuit; 1056
(v) The number of traffic lights or stop signs for which 1057
the offender failed to stop during the pursuit; 1058
(vi) Whether the offender operated the motor vehicle, off- 1059
highway motorcycle, all-terrain vehicle, snowmobile, utility 1060
vehicle, or mini-truck during the pursuit without lighted lights 1061
during a time when lighted lights are required; 1062

H. B. No. 199 As Introduced

(vii) Whether the offender committed a moving violation 1063
during the pursuit; 1064
(viii) The number of moving violations the offender 1065
committed during the pursuit; 1066
(ix) Any other relevant factors indicating that the 1067
offender's conduct is more serious than conduct normally 1068
constituting the offense. 1069
(D) If an offender is sentenced to a prison term for a 107
violation of division (B) of this section, the offender shall 107
serve the prison term consecutively to any other prison term or 107
mandatory prison term imposed upon the offender. 107
(E) In addition to any other sanction imposed for a 1074
violation of division (B) of this section, the court shall 1075
impose a class two suspension from the range specified in 1076
division (A)(2) of section 4510.02 of the Revised Code. In 1077
addition to any other sanction imposed for a violation of 1078
division (A) of this section, the court shall impose a class 1079
five suspension from the range specified in division (A)(5) of 1080
section 4510.02 of the Revised Code. If the offender previously 1081
has been found guilty of an offense under this section, in 1082
addition to any other sanction imposed for the offense, the 1083
court shall impose a class one suspension as described in 1084
division (A)(1) of that section. The court shall not grant 1085
limited driving privileges to the offender on a suspension 1086
imposed for a felony violation of this section. The court may 1087
grant limited driving privileges to the offender on a suspension 1088
imposed for a misdemeanor violation of this section as set forth 1089
in section 4510.021 of the Revised Code. No judge shall suspend 1090
the first three years of suspension under a class two suspension 1091
of an offender's license, permit, or privilege required by this 1092
H. B. No. 199 Page 39
As Introduced
division or any portion of the suspension under a class one 1093
suspension of an offender's license, permit, or privilege 1094
required by this division. 1095
(F) As used in this section: 1096
(1) "Moving violation" has the same meaning as in section 1097
2743.70 of the Revised Code. 1098
(2) "Police officer" has the same meaning as in section 1099
4511.01 of the Revised Code. 1100
Sec. 2923.16. (A) No person shall knowingly discharge a 1101
firearm while in or on a motor vehicle. 1102
(B) No person shall knowingly transport or have a loaded 1103
firearm in a motor vehicle in such a manner that the firearm is 1104
accessible to the operator or any passenger without leaving the 1105
vehicle. 1106
(C) No person shall knowingly transport or have a firearm 1107
in a motor vehicle, unless the person may lawfully possess that 1108
firearm under applicable law of this state or the United States, 1109
the firearm is unloaded, and the firearm is carried in one of 1110
the following ways: 1111
(1) In a closed package, box, or case; 1112
(2) In a compartment that can be reached only by leaving 1113
the vehicle; 1114
(3) In plain sight and secured in a rack or holder made 1115
for the purpose; 1116
(4) If the firearm is at least twenty-four inches in 1117
overall length as measured from the muzzle to the part of the 1118
stock furthest from the muzzle and if the barrel is at least 1119

H. B. No. 199 As Introduced

eighteen inches in length, either in plain sight with the action 1120
open or the weapon stripped, or, if the firearm is of a type on 1121
which the action will not stay open or which cannot easily be 1122
stripped, in plain sight. 1123
(D) No person shall knowingly transport or have a loaded 112
handgun in a motor vehicle if, at the time of that 112
transportation or possession, any of the following applies: 112

(1) The person is under the influence of alcohol, a drug of abuse, or a combination of them.

(2) The person's whole blood, blood serum or plasma, 112
breath, or urine contains a concentration of alcohol, a listed 113
controlled substance, or a listed metabolite of a controlled 113
substance prohibited for persons operating a vehicle, as 113
specified in division (A) of section 4511.19 of the Revised 113
Code, regardless of whether the person at the time of the 113
transportation or possession as described in this division is 113
the operator of or a passenger in the motor vehicle. 113
(E) No person who has been issued a concealed handgun 1137
license or who is an active duty member of the armed forces of 1138
the United States and is carrying a valid military 1139
identification card and documentation of successful completion 1140
of firearms training that meets or exceeds the training 1141
requirements described in division (G)(1) of section 2923.125 of 1142
the Revised Code, who is the driver or an occupant of a motor 1143
vehicle that is stopped as a result of a traffic stop or a stop 1144
for another law enforcement purpose or is the driver or an 1145
occupant of a commercial motor vehicle that is stopped by an 1146
employee of the motor carrier enforcement unit for the purposes 1147
defined in section 5503.34 of the Revised Code, and who is 1148
transporting or has a loaded handgun in the motor vehicle or 1149

H. B. No. 199 As Introduced

Page 41
commercial motor vehicle in any manner, shall do any of the 1150
following: 1151
(1) Before or at the time a law enforcement officer asks 1152
if the person is carrying a concealed handgun, knowingly fail to 1153
disclose that the person then possesses or has a loaded handgun 1154
in the motor vehicle, provided that it is not a violation of 1155
this division if the person fails to disclose that fact to an 1156
officer during the stop and the person already has notified 1157
another officer of that fact during the same stop; 1158
(2) Before or at the time an employee of the motor carrier 1159
enforcement unit asks if the person is carrying a concealed 1160
handgun, knowingly fail to disclose that the person then 1161
possesses or has a loaded handgun in the commercial motor 1162
vehicle, provided that it is not a violation of this division if 1163
the person fails to disclose that fact to an employee of the 1164
unit during the stop and the person already has notified another 1165
employee of the unit of that fact during the same stop; 1166
(3) Knowingly fail to remain in the motor vehicle while 1167
stopped or knowingly fail to keep the person's hands in plain 1168
sight at any time after any law enforcement officer begins 1169
approaching the person while stopped and before the law 1170
enforcement officer leaves, unless the failure is pursuant to 1171
and in accordance with directions given by a law enforcement 1172
officer; 1173
(4) Knowingly have contact with the loaded handgun by 1174
touching it with the person's hands or fingers in the motor 1175
vehicle at any time after the law enforcement officer begins 1176
approaching and before the law enforcement officer leaves, 1177
unless the person has contact with the loaded handgun pursuant 1178
to and in accordance with directions given by the law 1179

H. B. No. 199 As Introduced

orcement officer;

1180

m U m duo oa 111 umou (9) 1181

er of any law enforcement officer given while the motor 1182 icle is stopped, including, but not limited to, a specific

1183 er to the person to keep the person's hands in plain sight. 1184

(F）(l）Divisions(A)，(B)，(C)，and (E）of this Section do 1185

:butmotmog un go Kue on Kdde 1186

(a) An officer, agent, or employee of this or any other 1187

te or the United States, or a law enforcement officer， when 1188

horized to carry or have loaded or accessible firearms in 1189

or vehicles and acting within the scope of the officer's, 1190

nt's, or employee's duties; 1191

(b） Any person who is employed in this state, who is 1192

horized to carry or have loaded or accessible firearms in 1193

or vehicles， and who is subject to and in compliance with the 1194

uirements of section 109.801 of the Revised Code, unless the 1195

ointing authority of the person has expressly specified that 1196

exemption provided in division (F)(l）(b） of this section 1197

s not apply to the person. 1198

(2） Division (A） of this section does not apply to a 1199

son if all of the following circumstances apply: 1200

(a） The person discharges a firearm from a motor vehicle 1201

a coyote or groundhog, the discharge is not during the deer 1202

hunting season as set by the chief of the division of 1203

dlife of the department of natural resources, and the 1204

charge at the coyote or groundhog, but for the operation of 1205

S section， is lawful. 1206

1207

earm is on real property that is located in an unincorporated 1208

H. B. No. 199 As Introduced

area of a township and that either is zoned for agriculture or 1209
is used for agriculture. 1210
(c) The person owns the real property described in 1211
division (F)(2)(b) of this section, is the spouse or a child of 1212
another person who owns that real property, is a tenant of 1213
another person who owns that real property, or is the spouse or 1214
a child of a tenant of another person who owns that real 1215
property. 1216
(d) The person does not discharge the firearm in any of 1217
the following manners: 1218
(i) While under the influence of alcohol, a drug of abuse, 1219
or alcohol and a drug of abuse; 1220
(ii) In the direction of a street, highway, or other 1221
public or private property used by the public for vehicular 1222
traffic or parking; 1223
(iii) At or into an occupied structure that is a permanent 1224
or temporary habitation; 1225
(iv) In the commission of any violation of law, including, 1226
but not limited to, a felony that includes, as an essential 1227
element, purposely or knowingly causing or attempting to cause 1228
the death of or physical harm to another and that was committed 1229
by discharging a firearm from a motor vehicle. 1230
(3) Division (A) of this section does not apply to a 1231
person if all of the following apply: 1232
(a) The person possesses a valid all-purpose all-terrain 1233
vehicle permit issued under section 1533.103 of the Revised Code 1234
by the chief of the division of wildlife. 1235
(b) The person discharges a firearm at a wild quadruped or 1236

H. B. No. 199 As Introduced

game bird as defined in section 1531.01 of the Revised Code 1237
during the open hunting season for the applicable wild quadruped 1238
or game bird. 1239
(c) The person discharges a firearm from a stationary all- 1240
purpose all-terrain vehicle as defined in section 1531.01 of the 1241
Revised Code from private or publicly owned lands or from a 1242
motor vehicle that is parked on a road that is owned or 1243
administered by the division of wildlife. 1244
(d) The person does not discharge the firearm in any of 1245
the following manners: 1246
(i) While under the influence of alcohol, a drug of abuse, 1247
or alcohol and a drug of abuse; 1248
(ii) In the direction of a street, a highway, or other 1249
public or private property that is used by the public for 1250
vehicular traffic or parking; 1251
(iii) At or into an occupied structure that is a permanen 1252
or temporary habitation; 1253
(iv) In the commission of any violation of law, including, 1254
but not limited to, a felony that includes, as an essential 1255
element, purposely or knowingly causing or attempting to cause 1256
the death of or physical harm to another and that was committed 1257
by discharging a firearm from a motor vehicle. 1258
(4) Divisions (B) and (C) of this section do not apply to 1259
a person if all of the following circumstances apply: 1260
(a) At the time of the alleged violation of either of 1261
those divisions, the person is the operator of or a passenger in 1262
a motor vehicle. 1263
(b) The motor vehicle is on real property that is located 1264

H. B. No. 199 As Introduced

in an unincorporated area of a township and that either is zoned 1265 for agriculture or is used for agriculture. 1266

(c） The person owns the real property described in 1267 division (F)(4)(b） of this section, is the spouse or a child of 1268

another person who owns that real property, is a tenant of 1269

another person who owns that real property， or is the spouse or 1270

a child of a tenant of another person who owns that real 1271

property. 1272

(d) The person, prior to arriving at the real property 1273

described in division (F）(4）(b）of this section,did not 1274

1275

prohibited by division (B） or (C） of this section while the 1276

motor vehicle was being operated on a street, highway， or other 1277

public or private property used by the public for vehicular 1278

traffic or parking. 1279

(5） Divisions (B） and (C） of this section do not apply to 1280

1281

vehicle if, at the time of that transportation or possession, 1282

both of the following apply: 1283

u ubuu au bunssssod ao buniaodsuaa uosiad au () 1284

1285

1286

i a e 1287

military identification card and documentation of successful 1288

1289

training requirements described in division (G)(l） of section 1290

2923.125 of the Revised Code. 1291

1292

1293

H. B. No. 199 As Introduced

2923.126 of the Revised Code. 1294
(6) Divisions (B) and (C) of this section do not apply to 1295
a person if all of the following apply: 1296
(a) The person possesses a valid all-purpose all-terrain 1297
vehicle permit issued under section 1533.103 of the Revised Code 1298
by the chief of the division of wildlife. 1299
(b) The person is on or in an all-purpose all-terrain 1300
vehicle as defined in section 1531.01 of the Revised Code or a 1301
motor vehicle during the open hunting season for a wild 1302
quadruped or game bird. 1303
(c) The person is on or in an all-purpose all-terrain 1304
vehicle as defined in section 1531.01 of the Revised Code on 1305
private or publicly owned lands or on or in a motor vehicle that 1306
is parked on a road that is owned or administered by the 1307
division of wildlife. 1308
(7) Nothing in this section prohibits or restricts a 1309
person from possessing, storing, or leaving a firearm in a 1310
locked motor vehicle that is parked in the state underground 1311
parking garage at the state capitol building or in the parking 1312
garage at the Riffe center for government and the arts in 1313
Columbus, if the person's transportation and possession of the 1314
firearm in the motor vehicle while traveling to the premises or 1315
facility was not in violation of division (A), (B), (C), (D), or 1316
(E) of this section or any other provision of the Revised Code. 1317
(G)(1) The affirmative defenses authorized in divisions 1318
(D)(1) and (2) of section 2923.12 of the Revised Code are 1319
affirmative defenses to a charge under division (B) or (C) of 1320
this section that involves a firearm other than a handgun. 1321
(2) It is an affirmative defense to a charge under 1322

H. B. No. 199 As Introduced

			division (B) or (C) of this section of improperly handling				1323
							1324
				the firearm in the motor vehicle for any lawful purpose and			1325
				while the motor vehicle was on the actor's own property,			1326
				provided that this affirmative defense is not available unless			1327
	the person, immediately prior to arriving at the actor's own						1328
						d os o '	1329
						vehicle in a manner prohibited by division (B) or (C） of this	1330
						section while the motor vehicle was being operated on a street,	1331
						highway, or other public or private property used by the public	1332
	for vehicular traffic.						1333
	(H)(l） No person who is charged with a violation of						1334
				division (B)，(C)， or (D）of this section shall be required to			1335
				obtain a concealed handgun license as a condition for the			1336
		dismissal of the charge.					1337
							1338
					(2）(a） If a person is convicted of， was convicted of,		1339
					pleads guilty to, or has pleaded guilty to a violation of		1340
					division (E) of this section as it existed prior to September	30， 201l， and the conduct that was the basis of the violation no	1341
				longer would be a violation of division (E） of this section on			1342
					or after September 30， 201l， or if a person is convicted of， was		1343
					convicted of, pleads guilty to, or has pleaded guilty to a		1344
	violation of division (E)(l） or (2） of this section as it						1345
	existed prior to June 13， 2022， the person may file an						1346
	application under section 2953.35 of the Revised Code requesting						1347
	the expungement of the record of conviction.						1348
		If a person is convicted of， was convicted of， pleads					1349
					guilty to, or has pleaded guilty to a violation of division (B)		1350

or (C) of this section as the division existed prior to 1351
September 30, 2011, and if the conduct that was the basis of the 1352

H. B. No. 199 As Introduced

violation no longer would be a violation of division (B) or (C) 1353
of this section on or after September 30, 2011, due to the 1354
application of division (F)(5) of this section as it exists on 1355
and after September 30, 2011, the person may file an application 1356
under section 2953.35 of the Revised Code requesting the 1357
expungement of the record of conviction. 1358
(b) The attorney general shall develop a public media 1359
advisory that summarizes the expungement procedure established 1360
under section 2953.35 of the Revised Code and the offenders 1361
identified in division (H)(2)(a) of this section and those 1362
identified in division (E)(2) of section 2923.12 of the Revised 1363
Code who are authorized to apply for the expungement. Within 1364
thirty days after September 30, 2011, with respect to violations 1365
of division (B), (C), or (E) of this section as they existed 1366
prior to that date, and within thirty days after June 13, 2022, 1367
with respect to a violation of division (E)(1) or (2) of this 1368
section or division (B)(1) of section 2923.12 of the Revised 1369
Code as they existed prior to June 13, 2022, the attorney 1370
general shall provide a copy of the advisory to each daily 1371
newspaper published in this state and each television station 1372
that broadcasts in this state. The attorney general may provide 1373
the advisory in a tangible form, an electronic form, or in both 1374
tangible and electronic forms. 1375
(I) Whoever violates this section is guilty of improperly 1376
handling firearms in a motor vehicle. A violation of division 1377
(A) of this section is a felony of the fourth degree. A 1378
violation of division (C) of this section is a misdemeanor of 1379
the fourth degree. A violation of division (D) of this section 1380
is a felony of the fifth degree or, if the loaded handgun is 1381
concealed on the person's person, a felony of the fourth degree. 1382
A violation of division (E)(1) or (2) of this section is a 1383

H. B. No. 199 As Introduced

misdemeanor of the second degree. A violation of division (E)(4) of this section is a felony of the fifth degree. A violation of division (E)(3) or (5) of this section is a misdemeanor of the first degree or, if the offender previously has been convicted of or pleaded guilty to a violation of division (E)(3) or (5) of this section, a felony of the fifth degree. In addition to any other penalty or sanction imposed for a misdemeanor violation of division (E)(3) or (5) of this section, the offender's concealed handgun license shall be suspended pursuant to division (A)(2) of section 2923.128 of the Revised Code. A violation of division (B) of this section is a felony of the fourth degree.

1384
1385
1386
1387
1388
1389
1390
1391
1392
1393
1394
1395
1396
1397
1398
1399
1400
1401
1402
1403
1404
1405
1406

(J) If a law enforcement officer stops a motor vehicle for a traffic stop or any other purpose, if any person in the motor vehicle surrenders a firearm to the officer, either voluntarily or pursuant to a request or demand of the officer, and if the officer does not charge the person with a violation of this section or arrest the person for any offense, the person is not otherwise prohibited by law from possessing the firearm, and the firearm is not contraband, the officer shall return the firearm to the person at the termination of the stop. If a court orders a law enforcement officer to return a firearm to a person pursuant to the requirement set forth in this division, division (B) of section 2923.163 of the Revised Code applies.

(K) As used in this section: 1407
(1) "Motor vehicle," "street," and "highway" have the same 1408
meanings as in section 4511.01 of the Revised Code. 1409
(2) "Occupied structure" has the same meaning as in 1410
section 2909.01 of the Revised Code. 1411
(3) "Agriculture" has the same meaning as in section 1412

H. B. No. 199

AsIntroduced
519.01 of the Revised Code.	1413
' ()	1414
the Revised Code.	1415
(5)(a) "Unloaded" means, with respect to a firearm other	1416
than a firearm described in division (K)(6） of this section,	1417
that no ammunition is in the firearm in question, no magazine or	1418
	1419
in question, and one of the following applies:	1420
(i） There is no ammunition in a magazine or speed loader	1421
that is in the vehicle in question and that may be used with the	1422
firearm in question.	1423
(ii) Any magazine or speed loader that contains ammunition	1424
and that may be used with the firearm in question is stored in a	1425
compartment within the vehicle in question that cannot be	1426
accessed without leaving the vehicle or is stored in a container	1427
that provides complete and separate enclosure.	1428
S 1O ()()()() UoTSM O SSo0d o (a)	1429
section, a "container that provides complete and separate	1430
	1431
following:	1432
(i） A package, box, or case with multiple compartments, as	1433
long as the loaded magazine or speed loader and the firearm in	1434
question either are in separate compartments within the package,	1435
box, or case, or, if they are in the same compartment, the	1436
a u t	1437
enclosure in that compartment that does not contain the firearm	1438
and that closes using a snap, button, buckle, zipper, hook and	1439
loop closing mechanism, or other fastener that must be opened to	1440
	1441

H. B. No. 199 As Introduced

separate enclosure of that nature in that compartment that does 1442
not contain the magazine or speed loader; 1443
(ii) A pocket or other enclosure on the person of the 1444
person in question that closes using a snap, button, buckle, 1445
zipper, hook and loop closing mechanism, or other fastener that 1446
must be opened to access the contents. 1447
(c) For the purposes of divisions (K)(5)(a) and (b) of 1448
this section, ammunition held in stripper-clips or in en-bloc 1449
clips is not considered ammunition that is loaded into a 1450
magazine or speed loader. 1451
(6) "Unloaded" means, with respect to a firearm employing 1452
a percussion cap, flintlock, or other obsolete ignition system, 1453
when the weapon is uncapped or when the priming charge is 1454
removed from the pan. 1455
(7) "Commercial motor vehicle" has the same meaning as in 1456
division (A) of section 4506.25 of the Revised Code. 1457
(8) "Motor carrier enforcement unit" means the motor 1458
carrier enforcement unit in the department of public safety, 1459
division of state highway patrol, that is created by section 1460
5503.34 of the Revised Code. 1461
(9) "All-terrain vehicle" has the same meaning as in 1462
section 4519.01 of the Revised Code. 1463
(L) Divisions (K)(5)(a) and (b) of this section do not 1464
affect the authority of a person who has been issued a concealed 1465
handgun license that is valid at the time in question to have 1466
one or more magazines or speed loaders containing ammunition 1467
anywhere in a vehicle, without being transported as described in 1468
those divisions, as long as no ammunition is in a firearm, other 1469
than a handgun, in the vehicle other than as permitted under any 1470

H. B. No. 199 As Introduced

r provision of this chapter. A person who has been issued a		1471
ealed handgun license that is valid at the time in question		1472
	have one or more magazines or speed loaders containing	1473
	nition anywhere in a vehicle without further restriction, as	1474
	as no ammunition is in a firearm, other than a handgun, in	1475
	vehicle other than as permitted under any provision of this	1476
ter.		1477
	Sec. 4501.01. As used in this chapter and Chapters 4503.,	1478
	·， 4507.， 4509.， 4510.， 4511.， 4513.， 4515.， and 4517．of	1479
	Revised Code, and in the penal laws， except as otherwise	1480
ided :		1481
	(A) "Vehicles" means everything on wheels or runners,	1482
	uding motorized bicycles, but does not mean electric	1483
	onal assistive mobility devices, low-speed micromobility	1484
	ces, vehicles that are operated exclusively on rails or	1485
	ks or from overhead electric trolley wires, and vehicles	1486
	belong to any police department, municipal fire department,	1487
	olunteer fire department, or that are used by such a	1488
rtment in the discharge of its functions.		1489
	(B） "Motor vehicle" means any vehicle, including mobile	1490
	S and recreational vehicles, that is propelled or drawn by	1491
	r other than muscular power or power collected from overhead	1492
	tric trolley wires. "Motor vehicle" does not include utility	1493
	cles as defined in division (Vv) of this section, under-	1494
	d vehicles as defined in division (XX) of this section,	1495
	-trucks as defined in division (BBB） of this section,	1496
	rized bicycles, electric bicycles, road rollers, traction	1497
	nes, power shovels, power cranes, and other equipment used	1498
	onstruction work and not designed for or employed in general	1499
	way transportation, well-drilling machinery, ditch-digging	1500

H. B. No. 199 As Introduced

	machinery, farm machinery, and trailers that are designed and	1501
	used exclusively to transport a boat between a place of storage	1502
	and a marina, or in and around a marina, when drawn or towed on	1503
	a public road or highway for a distance of no more than ten	1504 1505
	miles and at a speed of twenty-five miles per hour or less.
		1506
	self-propelling vehicle that is designed or used for drawing	1507
	other vehicles or wheeled machinery， but has no provisions for	1508
	carrying loads independently of such other vehicles, and that is	1509
	used principally for agricultural purposes.	1510
	(D） "Commercial tractor," except as defined in division	1511
	(C) of this section, means any motor vehicle that has motive	1512
	power and either is designed or used for drawing other motor	1513
	vehicles， or is designed or used for drawing another motor	1514
its load, or both.	vehicle while carrying a portion of the other motor vehicle or	1515
		1516
	(E) "Passenger car" means any motor vehicle that is	1517
		1518
		1519
arrangement.	carrying not more than fifteen persons in a ridesharing	1520
		1521
	(F） "Collector's vehicle" means any motor vehicle or	1522
	agricultural tractor or traction engine that is of special	1523
	interest, that has a fair market value of one hundred dollars or	1524
	more, whether operable or not, and that is owned, operated,	1525
	collected, preserved, restored, maintained, or used essentially	1526
	as a collector's item, leisure pursuit, or investment, but not	1527
	as the owner's principal means of transportation. "Licensed	1528
	collector's vehicle" means a collector's vehicle, other than an	1529
	agricultural tractor or traction engine, that displays current,	1530

H. B. No. 199 As Introduced

valid license tags issued under section 4503.45 of the Revised 1531
Code, or a similar type of motor vehicle that displays current, 1532
valid license tags issued under substantially equivalent 1533
provisions in the laws of other states. 1534
(G) "Historical motor vehicle" means any motor vehicle 1535
that is over twenty-five years old and is owned solely as a 1536
collector's item and for participation in club activities, 1537
exhibitions, tours, parades, and similar uses, but that in no 1538
event is used for general transportation. 1539
(H) "Noncommercial motor vehicle" means any motor vehicle, 1540
including a farm truck as defined in section 4503.04 of the 1541
Revised Code, that is designed by the manufacturer to carry a 1542
load of no more than one ton and is used exclusively for 1543
purposes other than engaging in business for profit. 1544
(I) "Bus" means any motor vehicle that has motor power and 1545
is designed and used for carrying more than nine passengers, 1546
except any motor vehicle that is designed and used for carrying 1547
not more than fifteen passengers in a ridesharing arrangement. 1548
(J) "Commercial car" or "truck" means any motor vehicle 1549
that has motor power and is designed and used for carrying 1550
merchandise or freight, or that is used as a commercial tractor. 1551
(K) "Bicycle" means every device, other than a device that 1552
is designed solely for use as a play vehicle by a child, that is 1553
propelled solely by human power upon which a person may ride, 1554
and that has two or more wheels, any of which is more than 1555
fourteen inches in diameter. 1556
(L) "Motorized bicycle" or "moped" means any vehicle that 1557
either has two tandem wheels or one wheel in the front and two 1558
wheels in the rear, that may be pedaled, and that is equipped 1559

H. B. No. 199 As Introduced

with a helper motor of not more than fifty cubic centimeters 1560
piston displacement that produces no more than one brake 1561
horsepower and is capable of propelling the vehicle at a speed 1562
of no greater than twenty miles per hour on a level surface. 1563
"Motorized bicycle" or "moped" does not include an electric 1564
bicycle. 1565

(M) "Trailer" means any vehicle without motive power that is designed or used for carrying property or persons wholly on its own structure and for being drawn by a motor vehicle, and includes any such vehicle that is formed by or operated as a combination of a semitrailer and a vehicle of the dolly type such as that commonly known as a trailer dolly, a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at a speed greater than twenty-five miles per hour, and a vehicle that is designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of more than ten miles or at a speed of more than twenty-five miles per hour. "Trailer" does not include a manufactured home or travel trailer.

(N) "Noncommercial trailer" means any trailer, except a travel trailer or trailer that is used to transport a boat as described in division (B) of this section, but, where applicable, includes a vehicle that is used to transport a boat as described in division (M) of this section, that has a gross weight of no more than ten thousand pounds, and that is used exclusively for purposes other than engaging in business for a profit, such as the transportation of personal items for personal or recreational purposes.

H. B. No. 199 As Introduced

(O) "Mobile home" means a building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five body feet in length or, when erected on site, is three hundred twenty or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home as defined in division (C)(4) of section 3781.06 of the Revised Code or as an industrialized unit as defined in division (C)(3) of section 3781.06 of the Revised Code.

(P) "Semitrailer" means any vehicle of the trailer type that does not have motive power and is so designed or used with another and separate motor vehicle that in operation a part of its own weight or that of its load, or both, rests upon and is carried by the other vehicle furnishing the motive power for propelling itself and the vehicle referred to in this division, and includes, for the purpose only of registration and taxation under those chapters, any vehicle of the dolly type, such as a trailer dolly, that is designed or used for the conversion of a semitrailer into a trailer.

(Q) "Recreational vehicle" means a vehicular portable 1610
structure that meets all of the following conditions: 1611
(1) It is designed for the sole purpose of recreational 1612
travel. 1613
(2) It is not used for the purpose of engaging in business 1614
for profit. 1615
(3) It is not used for the purpose of engaging in 1616
intrastate commerce. 1617
(4) It is not used for the purpose of commerce as defined 1618
in 49 C.F.R. 383.5, as amended. 1619

H. B. No. 199 As Introduced

1620

pursuant to Chapter 4905.， 4921.， or 4923. of the Revised Code. 1621

(6) It is classed as one of the following: 1622

(a） "Travel trailer" or "house vehicle" means a nonself- 1623

propelled recreational vehicle that does not exceed an overall 1624

length of forty feet， exclusive of bumper and tongue or 1625

coupling. "Travel trailer" includes a tent-type fold-out camping 1626

trailer as defined in section 4517.0l of the Revised Code. 1627

(b） "Motor home" means a self-propelled recreational 1628

1629

permanently installed facilities for cold storage, cooking and 1630

consuming of food, and for sleeping. 1631

1632

vehicle that does not have wheels for road use and is designed 1633

to be placed upon and attached to a motor vehicle. "Truck 1634

camper" does not include truck covers that consist of walls and 1635

a roof, but do not have floors and facilities enabling them to 1636

be used as a dwelling. 1637

(d) "Fifth wheel trailer" means a vehicle that is of such 1638

size and weight as to be movable without a special highway 1639

permit, that is constructed with a raised forward section that 1640

allows a bi-level floor plan, and that is designed to be towed 1641

by a vehicle equipped with a fifth-wheel hitch ordinarily 1642

installed in the bed of a truck. 1643

1644

as a park model recreational vehicle, meets the American 1645

national standard institute standard A119.5 (1988） for park 1646

trailers, is built on a single chassis, has a gross trailer area 1647

of four hundred square feet or less when set up， is designed for 1648

H. B. No. 199 As Introduced

seasonal or temporary living quarters, and may be connected to utilities necessary for the operation of installed features and appliances.

1650
1651
(R) "Pneumatic tires" means tires of rubber and fabric or 1652
tires of similar material, that are inflated with air. 1653
(S) "Solid tires" means tires of rubber or similar elastic 1654
material that are not dependent upon confined air for support of 1655
the load. 1656
(T) "Solid tire vehicle" means any vehicle that is 1657
equipped with two or more solid tires. 1658
(U) "Farm machinery" means all machines and tools that are 1659
used in the production, harvesting, and care of farm products, 1660
and includes trailers that are used to transport agricultural 1661
produce or agricultural production materials between a local 1662
place of storage or supply and the farm, agricultural tractors, 1663
threshing machinery, hay-baling machinery, corn shellers, 1664
hammermills, and machinery used in the production of 1665
horticultural, agricultural, and vegetable products. 1666

(V) "Owner" includes any person or firm, other than a manufacturer or dealer, that has title to a motor vehicle, except that, in sections 4505.01 to 4505.19 of the Revised Code, "owner" includes in addition manufacturers and dealers.

(W) "Manufacturer" and "dealer" include all persons and 1671
firms that are regularly engaged in the business of 1672
manufacturing, selling, displaying, offering for sale, or 1673
dealing in motor vehicles, at an established place of business 1674
that is used exclusively for the purpose of manufacturing, 1675
selling, displaying, offering for sale, or dealing in motor 1676
vehicles. A place of business that is used for manufacturing, 1677

H. B. No. 199 As Introduced

elling, displaying, offering for sale, or dealing in motor

1678 ehicles shall be deemed to be used exclusively for those 1679

irposes even though snowmobiles or all-purpose all-terrain 1680

ehicles are sold or displayed for sale thereat, even though 1681

1682

lough repair, accessory, gasoline and oil, storage, parts, 1683

ervice, or paint departments are maintained thereat, or, in any 1684

1685

ne last federal census, even though a department in a place of 1686

lsiness is used to dismantle, salvage, or rebuild motor 1687

ehicles by means of used parts, if such departments are 1688

oerated for the purpose of furthering and assisting in the 1689

lsiness of manufacturing, selling, displaying, offering for 1690

ale, or dealing in motor vehicles. Places of business or 1691

epartments in a place of business used to dismantle, salvage, 1692

: rebuild motor vehicles by means of using used parts are not 1693

onsidered as being maintained for the purpose of assisting or 1694

irthering the manufacturing, selling, displaying, and offering 1695

or sale or dealing in motor vehicles. 1696

1697

motor vehicle upon the public highways. 1698

(Y) "Chauffeur" means any operator who operates a motor 1699

ehicle, other than a taxicab, as an employee for hire; or any 1700

oerator whether or not the owner of a motor vehicle, other than 1701

taxicab, who operates such vehicle for transporting, for gain, 1702

ompensation, or profit, either persons or property owned by 1703

lother. Any operator of a motor vehicle who is voluntarily

1704

nvolved in a ridesharing arrangement is not considered an 1705

nployee for hire or operating such vehicle for gain, 1706

ompensation, or profit. 1707

H. B. No. 199 Page 60
As Introduced
(Z) "State" includes the territories and federal districts 1708
of the United States, and the provinces of Canada. 1709
(AA) "Public roads and highways" for vehicles includes all 1710
public thoroughfares, bridges, and culverts. 1711
(BB) "Manufacturer's number" means the manufacturer's 1712
original serial number that is affixed to or imprinted upon the 1713
chassis or other part of the motor vehicle. 1714
(CC) "Motor number" means the manufacturer's original 1715
number that is affixed to or imprinted upon the engine or motor 1716
of the vehicle. 1717
(DD) "Distributor" means any person who is authorized by a 1718
motor vehicle manufacturer to distribute new motor vehicles to 1719
licensed motor vehicle dealers at an established place of 1720
business that is used exclusively for the purpose of 1721
distributing new motor vehicles to licensed motor vehicle 1722
dealers, except when the distributor also is a new motor vehicle 1723
dealer, in which case the distributor may distribute at the 1724
location of the distributor's licensed dealership. 1725
(EE) "Ridesharing arrangement" means the transportation of 1726
persons in a motor vehicle where the transportation is 1727
incidental to another purpose of a volunteer driver and includes 1728
ridesharing arrangements known as carpools, vanpools, and 1729
buspools. 1730
(FF) "Apportionable vehicle" means any vehicle that is 1731
used or intended for use in two or more international 1732
registration plan member jurisdictions that allocate or 1733
proportionally register vehicles, that is used for the 1734
transportation of persons for hire or designed, used, or 1735
maintained primarily for the transportation of property, and 1736

H. B. No. 199 Page 61

As Introduced

t meets any of the following qualifications: 1737

(1) Is a power unit having a gross vehicle weight in 1738
excess of twenty-six thousand pounds; 1739
(2) Is a power unit having three or more axles, regardless 1740
of the gross vehicle weight; 1741
(3) Is a combination vehicle with a gross vehicle weight 1742
in excess of twenty-six thousand pounds. 1743
"Apportionable vehicle" does not include recreational 1744
vehicles, vehicles displaying restricted plates, city pick-up 1745
and delivery vehicles, or vehicles owned and operated by the 1746
United States, this state, or any political subdivisions 1747
thereof. 1748

(GG) "Chartered party" means a group of persons who contract as a group to acquire the exclusive use of a passengercarrying motor vehicle at a fixed charge for the vehicle in accordance with the carrier's tariff, lawfully on file with the United States department of transportation, for the purpose of group travel to a specified destination or for a particular itinerary, either agreed upon in advance or modified by the chartered group after having left the place of origin.

(HH) "International registration plan" means a reciprocal agreement of member jurisdictions that is endorsed by the American association of motor vehicle administrators, and that promotes and encourages the fullest possible use of the highway system by authorizing apportioned registration of fleets of vehicles and recognizing registration of vehicles apportioned in member jurisdictions.

(II) "Restricted plate" means a license plate that has a restriction of time, geographic area, mileage, or commodity, and

H. B. No. 199 As Introduced

includes license plates issued to farm trucks under division (J) 1766

of section 4503.04 of the Revised Code. 1767

(JJ) "Gross vehicle weight," with regard to any commercial 1768

car, trailer, semitrailer, or bus that is taxed at the rates 1769

established under section 4503.042 or 4503.65 of the Revised 1770

Code, means the unladen weight of the vehicle fully equipped 1771

plus the maximum weight of the load to be carried on the 1772

vehicle. 1773

a t m a t s1a () 1774

combination of a commercial car, trailer, and semitrailer, that 1775

1776

4503.65 of the Revised Code, means the total unladen weight of 1777

the combination of vehicles fully equipped plus the maximum 1778

weight of the load to be Carried on that combination of 1779

vehicles. 1780

(LL) "Chauffeured limousine" means a motor vehicle that is 1781

1782

1783

pun aanoy e buote semubtu pue speot oiiqnd uo siabuassed go 1784

the control of the person hiring the vehicle and not over a 1785

defined and regular route. "Prearranged contract" means an 1786

agreement, made in advance of boarding, to provide 1787

transportation from a specific location in a chauffeured 1788

limousine. "Chauffeured limousine" does not include any vehicle 1789

1790

(MM) "Manufactured home" has the same meaning as in 1791

division (C)(4） of section 3781.06 of the Revised Code. 1792

(NN) "Acquired situs," with respect to a manufactured home 1793

or a mobile home, means to become located in this state by the 1794

H. B. No. 199 As Introduced

placement of the home on real property, but does not include the 1795
placement of a manufactured home or a mobile home in the 1796
inventory of a new motor vehicle dealer or the inventory of a 1797
manufacturer, remanufacturer, or distributor of manufactured or 1798
mobile homes. 1799
(OO) "Electronic" includes electrical, digital, magnetic, 1800
optical, electromagnetic, or any other form of technology that 1801
entails capabilities similar to these technologies. 1802
(PP) "Electronic record" means a record generated, 1803
communicated, received, or stored by electronic means for use in 1804
an information system or for transmission from one information 1805
system to another. 1806
(QQ) "Electronic signature" means a signature in 1807
electronic form attached to or logically associated with an 1808
electronic record. 1809
(RR) "Financial transaction device" has the same meaning 1810
as in division (A) of section 113.40 of the Revised Code. 1811
(SS) "Electronic motor vehicle dealer" means a motor 1812
vehicle dealer licensed under Chapter 4517. of the Revised Code 1813
whom the registrar of motor vehicles determines meets the 1814
criteria designated in section 4503.035 of the Revised Code for 1815
electronic motor vehicle dealers and designates as an electronic 1816
motor vehicle dealer under that section. 1817
(TT) "Electric personal assistive mobility device" means a 1818
self-balancing two non-tandem wheeled device that is designed to 1819
transport only one person, has an electric propulsion system of 1820
an average of seven hundred fifty watts, and when ridden on a 1821
paved level surface by an operator who weighs one hundred 1822
seventy pounds has a maximum speed of less than twenty miles per 1823

H. B. No. 199 As Introduced

hour.

1824 (UU) "Limited driving privileges" means the privilege to

1825 operate a motor vehicle that a court grants under section 1826

45l0.021 of the Revised Code to a person whose driver's or 1827

commercial driver's license or permit or nonresident operating 1828

privilege has been suspended. 1829

(VV) "Utility vehicle" means a self-propelled vehicle with 1830

not less than four wheels, including a vehicle commonly known as 1831

a side-by-side, designed with a bed, principally for the purpose 1832

oftransporting material or cargo in conneetion with 1833

construction, agricultural, forestry, grounds maintenance, lawn 1834

and garden, materials handling, or similar activitiesprimarily 1835

for off-road use, that has non-straddle seating and a steering 1836

wheel for steering control. 1837

(WW） "Low-speed vehicle" means a three- or four-wheeled 1838 motor vehicle with an attainable speed in one mile on a paved

1839 1840

than twenty-five miles per hour and with a gross vehicle weight 1841

rating less than three thousand pounds. 1842

(XX) "Under-speed vehicle" means a three- or four-wheeled 1843

vehicle, including a vehicle commonly known as a golf cart, with 1844 an attainable speed on a paved level surface of not more than 1845

twenty miles per hour and with a gross vehicle weight rating 1846

less than three thousand pounds. 1847

(YY) "Motor-driven cycle or motor scooter" means any 1848

vehicle designed to travel on not more than three wheels in 1849

contact with the ground, with a seat for the driver and floor 1850

pad for the driver's feet, and is equipped with a motor with a 1851

piston displacement between fifty and one hundred cubic 1852

H. B. No. 199 As Introduced

centimeters piston displacement that produces not more than five 1853
brake horsepower and is capable of propelling the vehicle at a 1854
speed greater than twenty miles per hour on a level surface. 1855
(ZZ) "Motorcycle" means a motor vehicle with motive power 1856
having a seat or saddle for the use of the operator, designed to 1857
travel on not more than three wheels in contact with the ground, 1858
and having no occupant compartment top or occupant compartment 1859
top that can be installed or removed by the user. 1860
(AAA) "Cab-enclosed motorcycle" means a motor vehicle with 1861
motive power having a seat or saddle for the use of the 1862
operator, designed to travel on not more than three wheels in 1863
contact with the ground, and having an occupant compartment top 1864
or an occupant compartment top that is installed. 1865
(BBB) "Mini-truck" means a vehicle that has four wheels, 1866
is propelled by an electric motor with a rated power of seven 1867
thousand five hundred watts or less or an internal combustion 1868
engine with a piston displacement capacity of six hundred sixty 1869
cubic centimeters or less, has a total dry weight of nine 1870
hundred to two thousand two hundred pounds, contains an enclosed 1871
cabin and a seat for the vehicle operator, resembles a pickup 1872
truck or van with a cargo area or bed located at the rear of the 1873
vehicle, and was not originally manufactured to meet federal 1874
motor vehicle safety standards. 1875
(CCC) "Autocycle" means a three-wheeled motorcycle that is 1876
manufactured to comply with federal safety requirements for 1877
motorcycles and that is equipped with safety belts, a steering 1878
wheel, and seating that does not require the operator to 1879
straddle or sit astride to ride the motorcycle. 1880

(DDD) "Plug-in hybrid electric motor vehicle" means a

H. B. No. 199 As Introduced

passenger car powered in part by a battery cell energy system 1882
that can be recharged via an external source of electricity. 1883
(EEE) "Hybrid motor vehicle" means a passenger car powered 1884
by an internal propulsion system consisting of both of the 1885
following: 1886
(1) A combustion engine; 1887
(2) A battery cell energy system that cannot be recharged 1888
via an external source of electricity but can be recharged by 1889
other vehicle mechanisms that capture and store electric energy. 1890
(FFF) "Low-speed micromobility device" means a device 1891
weighing less than one hundred pounds that has handlebars, is 1892
propelled by an electric motor or human power, and has an 1893
attainable speed on a paved level surface of not more than 1894
twenty miles per hour when propelled by the electric motor. 1895
(GGG) "Specialty license plate" means a license plate, 1896
authorized by the general assembly, that displays a combination 1897
of words, markings, logos, or other graphic artwork that is in 1898
addition to the words, images, and distinctive numbers and 1899
letters required by section 4503.22 of the Revised Code. 1900
(HHH) "Battery electric motor vehicle" means a passenger 1901
car powered wholly by a battery cell energy system that can be 1902
recharged via an external source of electricity. 1903
(III) "Adaptive mobility vehicle" means either a new 1904
passenger car or bus purchased from a new motor vehicle dealer 1905
or a used passenger car or bus, provided that such passenger car 1906
or bus is designed, modified, or equipped to enable an 1907
individual with a disability to operate or to be transported in 1908
the passenger car or bus, in accordance with 49 C.F.R. part 568 1909
or 595, and contains at least one of the following: 1910

H. B. No. 199 As Introduced

(1) An electronic or mechanical lift that enables a person 1911
to enter or exit the motor vehicle while occupying a wheelchair 1912
or scooter; 1913
(2) An electronic or mechanical wheelchair ramp; 1914
(3) A system to secure a wheelchair or scooter in order to 1915
allow a person to operate or be transported safely while 1916
occupying that wheelchair or scooter. 1917
Sec. 4501.13. (A) The motorcycle safety and education fund 1918
is hereby created in the state treasury. The fund shall consist 1919
of the following: 1920
(1) Six dollars of each registration fee designated for 1921
payment to the registrar of motor vehicles in division $(\mathtt{A})\quad(\mathtt{1})\quad(\mathtt{b})$ 1922
(A)(2) of section 4503.04 of the Revised Code; 1923
(2) The tuition fees collected by the director of public 1924
safety under section 4508.08 of the Revised Code for the 1925
motorcycle safety and education program; 1926
(3) The fees collected for the initial authorization of a 1927
private organization or corporation to offer a nationally 1928
recognized motorcycle operator training course or curriculum 1929
under section 4508.08 of the Revised Code; 1930
(4) The fees collected for the initial state certification 1931
of an instructor of motorcycle operator training course or 1932
curriculum under section 4508.08 of the Revised Code; 1933
(5) The fees collected for the two-year program evaluation 1934
required under division (C) of section 4508.08 of the Revised 1935
Code for a private organization or corporation to continue to 1936
offer a nationally recognized motorcycle operator training 1937
course or curriculum under that section. 1938

H. B. No. 199 As Introduced

All investment earnings of the motorcycle safety and 1939
education fund shall be credited to the fund. 1940
(B) The fund shall be used solely to pay part or all of 1941
the costs of conducting the motorcycle safety and education 1942
program created by section 4508.08 of the Revised Code. 1943
Sec. 4503.01. (A) "Motor vehicle" as defined in section 1944
4505.01 of the Revised Code applies to sections 4503.02 to 1945
4503.10, and 4503.12 to 4503.18 of the Revised Code. For 1946
(B) For the purposes of sections 4503.02 to 4503.04, 1947
4503.10 to 4503.12, 4503.182, 4503.19, 4503.21, 4503.22, and 1948
4503.25 of the Revised Code, the term "motor vehicle" also 1949
includes a all of the following: 1950
(1) A motorized bicycle and a or moped; 1951
(2) A motor-driven cycle or motor scooter; 1952
(3) A trailer or semitrailer whose weight is four thousand 1953
pounds or less; 1954
(4) An under-speed vehicle when a local authority 1955
authorizes its operation on a public street or highway in 1956
accordance with section 4511.214 of the Revised Code. 1957
(C) As used in this chapter, "motor vehicle" does not 1958
include a concrete pump or a concrete conveyor. 1959
Sec. 4503.038. (A) Not later than ninety days after July 1960
3, 2019, the The registrar of motor vehicles shall adopt rules 1961
in accordance with Chapter 119. of the Revised Code establishing 1962
a service fee that applies for purposes of sections 4503.03, 1963
4503.036, 4503.042, 4503.10, 4503.102, 4503.12, 4503.182, 1964
4503.24, 4503.44, 4503.65, 4505.061, 4506.08, 4507.24, 4507.50, 1965
4507.52, 4509.05, 4519.03, 4519.05, 4519.10, 4519.56, and 1966

H. B. No. 199 As Introduced

4519.69 of the Revised Code. The service fee shall be five 1967
dollars. 1968
(B) Not later than ninety days after July 3, 2019the 1969
effective date of this amendment, the registrar shall adopt 1970
rules in accordance with Chapter 119. of the Revised Code 1971
establishing prorated service fees that apply for purposes of 1972
multi-year registrations authorized under section sections 1973
4503.103 and 4519.041 of the Revised Code. 1974
Sec. 4503.04. Except as provided in sections 4503.042 and 1975
4503.65 of the Revised Code for the registration of commercial 1976
cars, trailers, semitrailers, and certain buses, the rates of 1977
the taxes imposed by section 4503.02 of the Revised Code shall 1978
be as follows: 1979
(A)(1) For motor vehicles having three wheels or less, the 1980
license tax is: 1981
(a) For each motorized bicycle or moped, ten dollars; 1982
(b) (2) For each motorcycle, autocycle, cab-enclosed 1983
motorcycle, motor-driven cycle, or motor scooter, fourteen 1984
dollars. 1985
(2) (3) For each low-speed, vehicle or under-speed, and 1986
utility vehicle, and each mini-truck, ten dollars. 1987
(B) For each passenger car, twenty dollars; 1988
(C) For each manufactured home, each mobile home, and each 1989
travel trailer or house vehicle, ten dollars; 1990
(D) For each noncommercial motor vehicle designed by the 1991
manufacturer to carry a load of no more than three-quarters of 1992
one ton and for each motor home, thirty-five dollars; for each 1993
noncommercial motor vehicle designed by the manufacturer to 1994

H. B. No. 199 As Introduced

carry a load of more than three-quarters of one ton, but not 1995
more than one ton, seventy dollars; 1996
(E) For each noncommercial trailer, the license tax is: 1997
(1) Eighty-five cents for each one hundred pounds or part 1998
thereof for the first two thousand pounds or part thereof of 1999
weight of vehicle fully equipped; 2000
(2) One dollar and forty cents for each one hundred pounds 2001
or part thereof in excess of two thousand pounds up to and 2002
including ten thousand pounds. 2003
(F) Notwithstanding its weight, twelve dollars for any: 2004
(1) Vehicle equipped, owned, and used by a charitable or 2005
nonprofit corporation exclusively for the purpose of 2006
administering chest x-rays or receiving blood donations; 2007
(2) Van used principally for the transportation of persons 2008
with disabilities that has been modified by being equipped with 2009
adaptive equipment to facilitate the movement of such persons 2010
into and out of the van; 2011
(3) Bus used principally for the transportation of persons 2012
with disabilities or persons sixty-five years of age or older. 2013
(G) Notwithstanding its weight, twenty dollars for any bus 2014
used principally for the transportation of persons in a 2015
ridesharing arrangement. 2016
(H) For each transit bus having motor power the license 2017
tax is twelve dollars. 2018
"Transit bus" means either a motor vehicle having a 2019
seating capacity of more than seven persons which is operated 2020
and used by any person in the rendition of a public mass 2021

H. B. No. 199 As Introduced

transportation service primarily in a municipal corporation or municipal corporations and provided at least seventy-five per cent of the annual mileage of such service and use is within such municipal corporation or municipal corporations or a motor vehicle having a seating capacity of more than seven persons which is operated solely for the transportation of persons associated with a charitable or nonprofit corporation, but does not mean any motor vehicle having a seating capacity of more than seven persons when such vehicle is used in a ridesharing capacity or any bus described by division (F)(3) of this section.

The application for registration of such transit bus shall be accompanied by an affidavit prescribed by the registrar of motor vehicles and signed by the person or an agent of the firm or corporation operating such bus stating that the bus has a seating capacity of more than seven persons, and that it is either to be operated and used in the rendition of a public mass transportation service and that at least seventy-five per cent of the annual mileage of such operation and use shall be within one or more municipal corporations or that it is to be operated solely for the transportation of persons associated with a charitable or nonprofit corporation.

The form of the license plate, and the manner of its attachment to the vehicle, shall be prescribed by the registrar of motor vehicles.

(I) Except as otherwise provided in division (A) or (J) of this section, the minimum tax for any vehicle having motor power is ten dollars and eighty cents, and for each noncommercial trailer, five dollars.

(J)(1) Except as otherwise provided in division (J) of

H. B. No. 199 As Introduced

this section, for each farm truck, except a noncommercial motor vehicle, that is owned, controlled, or operated by one or more farmers exclusively in farm use as defined in this section, and not for commercial purposes, and provided that at least seventyfive per cent of such farm use is by or for the one or more owners, controllers, or operators of the farm in the operation of which a farm truck is used, the license tax is five dollars plus:

2057
2058
2059
(a) Fifty cents per one hundred pounds or part thereof for 2060
the first three thousand pounds; 2061
(b) Seventy cents per one hundred pounds or part thereof 2062
in excess of three thousand pounds up to and including four 2063
thousand pounds; 2064
(c) Ninety cents per one hundred pounds or part thereof i 2065
excess of four thousand pounds up to and including six thousand 2066
pounds; 2067
(d) Two dollars for each one hundred pounds or part 2068
thereof in excess of six thousand pounds up to and including te 2069
thousand pounds; 2070
(e) Two dollars and twenty-five cents for each one hundred 2071
pounds or part thereof in excess of ten thousand pounds; 2072
(f) The minimum license tax for any farm truck shall be 2073
twelve dollars. 2074
(2) The owner of a farm truck may register the truck for a 2075
period of one-half year by paying one-half the registration tax 2076
imposed on the truck under this chapter and one-half the amount 2077
of any tax imposed on the truck under Chapter 4504. of the 2078
Revised Code. 2079

H. B. No. 199 As Introduced

hundred ten days from the date of issue of the license plates

2081 for the bus， for a fee of ten dollars， provided such license 2082

calendar year. Such use does not include the operation of trucks

by commercial processors of agricultural products. 2085

(4） License plates for farm trucks and for farm buses 2086

shall have some distinguishing marks, letters, colors, or other 2087

characteristics to be determined by the director of public 2088

safety. 2089

i () 2090

2091

truck or bus licensed to that person is to be so used as to meet 2092

the requirements necessary for the farm truck or farm bus 2093

classification. 2094

2095

Any farmer may use a truck owned by the farmer for 2096

commercial truck registration fee and the farm truck 2097

registration fee for the remaining part of the registration 2098

period for which the truck is registered. Such remainder shall 2099

be calculated from the beginning of the semiannual period in 2100

which application for such commercial license is made. 2101

Taxes at the rates provided in this section are in lieu of 2102

all taxes on or with respect to the ownership of such motor 2103

vehicles， except as provided in sections 4503.042, 4503.06, and 2104

4503.65 of the Revised Code. 2105

(K) Other than trucks registered under the international 2106

2107

state has received an apportioned registration fee, the license 2108

H. B. No. 199 As Introduced

	tax for each truck which is owned， controlled， or operated by a			2109
	nonresident, and licensed in another state, and which is used			2110
			products intrastate, from the place of production to the place
			of processing, is twenty-four dollars.
			"Truck," as used in this division, means any pickup truck,
			straight truck, semitrailer, or trailer other than a travel
			trailer. Nonprocessed agricultural products, as used in this
			division, does not include livestock or grain.
			A license issued under this division shall be issued for a
			n o
			all other licenses are issued under this section, provided that
			no truck shall be so licensed for more than one one-hundred-
thirty-day period during any calendar year.
			The license issued pursuant to this division shall consist
			of a windshield decal to be designed by the director of public
safety.
			Every person registering a truck under this division shall
			person is to be used exclusively for the purposes specified in
this division.
			(L) Every person registering a motor vehicle as a
			noncommercial motor vehicle as defined in section 4501.01 of the
			Revised Code, or registering a trailer as a noncommercial
			trailer as defined in that section, shall furnish an affidavit
			certifying that the motor vehicle or trailer so licensed to the
for the noncommercial vehicle classification.
			d o u baisa uosad g ()

H. B. No. 199 As Introduced

divisions (F)(2) and (3) of this section shall furnish a 2138
notarized statement certifying that the van or bus licensed to 2139
the person is to be used for the purposes specified in those 2140
divisions. The form of the license plate issued for such motor 2141
vehicles shall be prescribed by the registrar. 2142

(N) Every person registering as a passenger car a motor vehicle designed and used for carrying more than nine but not more than fifteen passengers, and every person registering a bus as provided in division (G) of this section, shall furnish an affidavit certifying that the vehicle so licensed to the person is to be used in a ridesharing arrangement and that the person will have in effect whenever the vehicle is used in a ridesharing arrangement a policy of liability insurance with respect to the motor vehicle in amounts and coverages no less than those required by section 4509.79 of the Revised Code. The form of the license plate issued for such a motor vehicle shall be prescribed by the registrar.

2143
2144
2145
2146
2147
2148
2149
2150
2151
2152
2153
2154
2155
2156
2157
2158
2159
2160
2161
2162
2163
2164
2165
2166
2167
2168

(O)(1) If an application for registration renewal is not applied for prior to the expiration date of the registration or within thirty days after that date, the registrar or deputy registrar shall collect a fee of ten dollars for the issuance of the vehicle registration. For any motor vehicle that is used on a seasonal basis, whether used for general transportation or not, and that has not been used on the public roads or highways since the expiration of the registration, the registrar or deputy registrar shall waive the fee established under this division if the application is accompanied by supporting evidence of seasonal use as the registrar may require. The registrar or deputy registrar may waive the fee for other good cause shown if the application is accompanied by supporting evidence as the registrar may require. The fee shall be in

H. B. No. 199 As Introduced

	addition to all other fees established by this section. A deputy		2169
	registrar shall retain fifty cents of the fee and shall transmit		2170
	the remaining amount to the registrar at the time and in the		2171
	manner provided by section 4503.10 of the Revised Code. The		2172
	registrar shall deposit all moneys received under this division		2173 2174
section 4501.06 of the Revised Code.			2175
		(2） Division (o)(l） of this section does not apply to a	2176
section.		farm truck or farm bus registered under division (J） of this	2177 2178
	(P） As used in this section:		2179
		(l） "Van" means any motor vehicle having a single rear	2180
	axle and an enclosed body without a second seat.		2181
		(2) "Person with a disability" means any person who has	2182
		lost the use of one or both legs, or one or both arms, or is	2183
		blind, deaf, or unable to move about without the aid of crutches	2184
	or a wheelchair.		2185
			2186
		from the farm of products of the farm, including livestock and	2187
	its products， poultry and its products, floricultural and		2188
		n uos u ' ou	2189
	supplies for the farm, including tile, fence, and every other		2190
	thing or commodity used in agricultural, floricultural,		2191
		horticultural, livestock, and poultry production and livestock,	2192
		poultry, and other animals and things used for breeding,	2193
		feeding, or other purposes connected with the operation of the	2194
farm.			2195
	ua oy Kuo pasn snq e sueau snq wte ()		2196

H. B. No. 199 As Introduced

transportation of such employees as are necessary in the 2198
operation of the farm. 2199

(5) "Farm supplies" includes fuel used exclusively in the operation of a farm, including one or more homes located on and used in the operation of one or more farms, and furniture and other things used in and around such homes.

Sec. 4503.10. (A) The owner of every snowmobile, off- 2204
highway motorcycle, and all-purpose vehicle required to be 2205
registered under section 4519.02 of the Revised Code shall file 2206
an application for registration under section 4519.03 of the 2207
Revised Code. The owner of a motor vehicle, other than a 2208
snowmobile, off-highway motorcycle, or all-purpose vehicle, that 2209
is not designed and constructed by the manufacturer for 2210
operation on a street or highway may not register it under this 2211
chapter except upon certification of inspection pursuant to 2212
section 4513.02 of the Revised Code by the sheriff, or the chief 2213
of police of the municipal corporation or township, with 2214
jurisdiction over the political subdivision in which the owner 2215
of the motor vehicle resides. Except as provided in division (L) 2216
of this section and in sections 4503.103 and 4503.107 of the 2217
Revised Code, every owner of every other a motor vehicle not 2218
previously described in this section and every person mentioned 2219
as owner in the last certificate of title of a motor vehicle 2220
that is operated or driven upon the public roads or highways 2221
shall cause to be filed file each year, by mail or otherwise, in 2222
the office of the registrar of motor vehicles or a deputy 2223
registrar, a written or electronic application or a preprinted 2224
registration renewal notice issued under section 4503.102 of the 2225
Revised Code, the . The registrar shall prescribe the form of 2226
which shall be prescribed by the registrar,application for 2227
registration for the following registration year, which shall 2228

H. B. No. 199 As Introduced

	begin . The registration year begins_on the first day of January	2229
	of every calendar year and end ends on the thirty-first day of	2230
	December in the same year. Applications An applicant shall file	2231
	an application_for registration and registration renewal notices	2232
	shall be filed notice at the times a time established by the	2233
	registrar pursuant to section 4503.10l of the Revised Code.A	2234
		2235
	vehicle registration by electronic means using an electronic	2236
	signature in accordance with rules adopted by the registrar.	2237
	Except as provided in division (J） of this section, applications	2238
	an applicant shall apply for registration shall be made on	2239
		2240
the following information:		2241
	(l） A brief description of the motor vehicle to be	2242
	registered, including the year, make, model, and vehicle	2243
	identification number, and, in the case of commercial cars, the	2244
	gross weight of the vehicle fully equipped computed in the	2245
	manner prescribed in section 4503.08 of the Revised Code;	2246
	(2） The name and residence address of the owner， and the	2247
	a m o s	2248
	(3） The district of registration, which shall be	2249
determined as follows:		2250
	(a） In case the motor vehicle to be registered is used for	2251
	hire or principally in connection with any established business	2252
	or branch business, conducted at a particular place, the	2253
	district of registration is the municipal corporation in which	2254
	that place is located or， if not located in any municipal	2255
located.	corporation, the county and township in which that place is	2256 2257

H. B. No. 199 As Introduced

(b) In case the vehicle is not so used, the district of 2258
registration is the municipal corporation or county in which the 2259
owner resides at the time of making the application. 2260
(4) Whether the motor vehicle is a new or used motor 2261
vehicle; 2262
(5) The date of purchase of the motor vehicle; 2263
(6) Whether the fees required to be paid for the 2264
registration or transfer of the motor vehicle, during the 2265
preceding registration year and during the preceding period of 2266
the current registration year, have been paid. Each application 2267
for registration shall be signed by the owner, either manually 2268
or by electronic signature, or pursuant to obtaining a limited 2269
power of attorney authorized by the registrar for registration, 2270
or other document authorizing such signature. If the owner 2271
elects to apply for or renew the motor vehicle registration with 2272
the registrar by electronic means, the owner's manual signature 2273
is not required. 2274

(7) The owner's social security number, driver's license number, or state identification number, or, where a motor vehicle to be registered is used for hire or principally in connection with any established business, the owner's federal taxpayer identification number. The bureau of motor vehicles shall retain in its records all social security numbers provided under this section, but the bureau shall not place social security numbers on motor vehicle certificates of registration.

(8) Whether the applicant wishes to certify willingness to 2283
make an anatomical gift if an applicant has not so certified 2284
under section 2108.05 of the Revised Code. The applicant's 2285
response shall not be considered in the decision of whether to 2286

H. B. No. 199 As Introduced

approve the application for registration.		2287
	(B)(l） When an applicant first registers a motor vehicle	2288
	in the applicant's name, the applicant shall provide proof of	2289
	ownership of that motor vehicle. Proof of ownership may include	2290
any of the following:		2291
	s g (	2292
	certificate of title or memorandum certificate showing title to	2293
	the motor vehicle to be registered in the name of the applicant.	2294
	(b) The applicant may present for inspection an electronic	2295
	certificate of title for the applicant's motor vehicle in a	2296
		2297
	(c） The registrar or deputy registrar may electronically	2298
	confirm the applicant's ownership of the motor vehicle.	2299
	An applicant is not required to present a certificate of	2300
	title to an electronic motor vehicle dealer acting as a limited	2301
	authority deputy registrar in accordance with rules adopted by	2302
the registrar.		2303
	(2） When a motor vehicle inspection and maintenance	2304
	program is in effect under section 3704.14 of the Revised Code	2305
	and rules adopted under it, each application for registration	2306
	for a vehicle required to be inspected under that section and	2307
	those rules shall be accompanied by an inspection certificate	2308
	for the motor vehicle issued in accordance with that section.	2309
	(3） An application for registration shall be refused if	2310
any of the following applies:		2311
	(a) The application is not in proper form.	2312
	(b) The application is prohibited from being accepted by	2313
	division (D） of section 2935.27， division (A） of section	2314

H. B. No. 199 As Introduced

2937.22l， division (A） of section 4503.13， division (B） of 2315

section 4510.22，division (B）(1）of section 4521.10，or division 2316 (B） of section 5537.04l of the Revised Code. 2317

(c） Proof of ownership is required but is not presented or 2318 confirmed in accordance with division (B)(l） of this section. 2319

(d） All registration and transfer fees for the motor 2320

vehicle, for the preceding year or the preceding period of the 2321 current registration year, have not been paid. 2322

(e） The owner or lessee does not have an inspection 2323

certificate for the motor vehicle as provided in section 3704.14 2324

of the Revised Code, and rules adopted under it, if that section 2325

is applicable. 2326

(4） This section does not require the payment of license 2327

od g 2328

or for any preceding period of a year, if the motor vehicle was 2329

2330

4503.02, 4503.04, 4503.11, 4503.12， and 4503.16 0r Chapter 4504. 2331

of the Revised Code. 2332

(5） when a certificate of registration is issued upon the 2333

first registration of a motor vehicle by or on behalf of the 2334

owner, the official issuing the certificate shall indicate the 2335

issuance with a stamp on the certificate of title or memorandum 2336

certificate or， in the case of an electronic certificate of 2337

title or electronic verification of ownership, an electronic 2338

stamp or other notation as specified in rules adopted by the 2339

registrar, and with a stamp on the inspection certificate for 2340

the motor vehicle, if any. 2341

(6） The official also shall indicate, by a stamp or by 2342 other means the registrar prescribes, on the registration 2343

H. B. No. 199 As Introduced

certificate issued upon the first registration of a motor 2344
vehicle by or on behalf of the owner the odometer reading of the 2345
motor vehicle as shown in the odometer statement included in or 2346
attached to the certificate of title. Upon each subsequent 2347
registration of the motor vehicle by or on behalf of the same 2348
owner, the official also shall so indicate the odometer reading 2349
of the motor vehicle as shown on the immediately preceding 2350
certificate of registration. 2351

(7) The registrar shall include in the permanent registration record of any vehicle required to be inspected under section 3704.14 of the Revised Code the inspection certificate number from the inspection certificate that is presented at the time of registration of the vehicle as required under this division.

(C)(1) Except as otherwise provided in division (C)(1) of 2358
this section, the registrar and each deputy registrar shall 2359
collect an additional fee of eleven dollars for each application 2360
for registration and registration renewal received. For vehicles 2361
specified in divisions (A)(1) to (21) of section 4503.042 of the 2362
Revised Code, the registrar and deputy registrar shall collect 2363
an additional fee of thirty dollars for each application for 2364
registration and registration renewal received. No additional 2365
fee shall be charged for vehicles registered under section 2366
4503.65 of the Revised Code. The additional fee is for the 2367
purpose of defraying the department of public safety's costs 2368
associated with the administration and enforcement of the motor 2369
vehicle and traffic laws of Ohio. Each deputy registrar shall 2370
transmit the fees collected under divisions (C)(1) and (3) of 2371
this section in the time and manner provided in this section. 2372
The registrar shall deposit all moneys received under division 2373
(C)(1) of this section into the public safety - highway purposes 2374

H. B. No. 199 As Introduced

fund established in section 4501.06 of the Revised Code.

(2) In addition, a charge of twenty-five cents shall be made for each reflectorized safety license plate issued, and a single charge of twenty-five cents shall be made for each county identification sticker or each set of county identification stickers issued, as the case may be, to cover the cost of producing the license plates and stickers, including material, manufacturing, and administrative costs. Those fees shall be in addition to the license tax. If the total cost of producing the plates is less than twenty-five cents per plate, or if the total cost of producing the stickers is less than twenty-five cents per sticker or per set issued, any excess moneys accruing from the fees shall be distributed in the same manner as provided by section 4501.04 of the Revised Code for the distribution of license tax moneys. If the total cost of producing the plates exceeds twenty-five cents per plate, or if the total cost of producing the stickers exceeds twenty-five cents per sticker or per set issued, the difference shall be paid from the license tax moneys collected pursuant to section 4503.02 of the Revised Code.

(3) The registrar and each deputy registrar shall collect 239
the following additional fee, as applicable, for each 239
application for registration or registration renewal received 239
for any hybrid motor vehicle, plug-in hybrid electric motor 239
vehicle, or battery electric motor vehicle: 239
(a) One hundred dollars for a hybrid motor vehicle; 2400
(b) One hundred fifty dollars for a plug-in hybrid 2401
electric motor vehicle; 2402
(c) Two hundred dollars for a battery electric motor 2403

H. B. No. 199 As Introduced

vehicle.
	2404
Each fee imposed under this division shall be prorated	2405
based on the number of months for which the vehicle is	2406
registered. The registrar shall transmit all money arising from	2407
each fee to the treasurer of state for distribution in	2408
accordance with division (E） of section 5735.051 of the Revised	2409
Code， subject to division (D） of section 5735.05 of the Revised	2410
Code.	2411
(D) Each deputy registrar shall be allowed a fee equal to	2412
the amount establishedunder section 4503.038 of the Revised	2413
	2414
renewal notice the deputy registrar receives, which shall be for	2415
the purpose of compensating the deputy registrar for the deputy	2416
registrar's services, and such office and rental expenses, as	2417
may be necessary for the proper discharge of the deputy	2418
registrar's duties in the receiving of applications and renewal	2419
notices and the issuing of registrations.	2420
(E) Upon the certification of the registrar, the county	2421
sheriff or local police officials shall recover license plates	2422
erroneously or fraudulently issued.	2423
(F) Each deputy registrar, upon receipt of any application	2424
for registration or registration renewal notice, together with	2425
the license fee and any local motor vehicle license tax levied	2426
pursuant to Chapter 4504. of the Revised Code, shall transmit	2427
that fee and tax, if any， in the manner provided in this	2428
	2429
application, to the registrar. The registrar, subject to the	2430
approval of the director of public safety, may deposit the funds	2431
	2432
credit of the "state of Ohio, bureau of motor vehicles." Where a	2433

H. B. No. 199 As Introduced

local bank or depository has been designated by the registrar, each deputy registrar shall deposit all moneys collected by the deputy registrar into that bank or depository not more than one business day after their collection and shall make reports to the registrar of the amounts so deposited, together with any other information, some of which may be prescribed by the treasurer of state, as the registrar may require and as prescribed by the registrar by rule. The registrar, within three days after receipt of notification of the deposit of funds by a deputy registrar in a local bank or depository, shall draw on that account in favor of the treasurer of state. The registrar, subject to the approval of the director and the treasurer of state, may make reasonable rules necessary for the prompt transmittal of fees and for safeguarding the interests of the state and of counties, townships, municipal corporations, and transportation improvement districts levying local motor vehicle license taxes. The registrar may pay service charges usually collected by banks and depositories for such service. If deputy registrars are located in communities where banking facilities are not available, they shall transmit the fees forthwith, by money order or otherwise, as the registrar, by rule approved by the director and the treasurer of state, may prescribe. The registrar may pay the usual and customary fees for such service.

(G) This section does not prevent any person from making 245
an application for a motor vehicle license directly to the 245
registrar by mail, by electronic means, or in person at any of 245
the registrar's offices, upon payment of a service fee equal to 246
the amount established under section 4503.038 of the Revised 246
Code for each application. 246
(H) No person shall make a false statement as to the 2463
district of registration in an application required by division 2464

H. B. No. 199 As Introduced

this section. Violation of this division is falsification

2465 ection 2921.13 of the Revised Code and punishable as 2466

ed in that section. 2467

I)(l） Where applicable, the requirements of division (B) 2468

section relating to the presentation of an inspection 2469

cate issued under section 3704.14 of the Revised Code and 2470

dopted under it for a motor vehicle, the refusal of a 2471

for failure to present an inspection certificate, and 2472

mping of the inspection certificate by the official 2473

the certificate of registration apply to the 2474

ation of and issuance of license plates for a motor 2475

under sections 4503.102, 4503.12， 4503.14， 4503.15, 2476

4503.171， 4503.172， 4503.19， 4503.40， 4503.41， 4503.42, 2477

4503.44， 4503.46, 4503.47， and 4503.51 of the Revised 2478

2479

2）(a） The registrar shall adopt rules ensuring that each

2480

2481

inspection and maintenance program is in effect under 2482

3704.14 of the Revised Code and rules adopted under it 2483

S information about the requirements established in that 2484

2485

an inspection certificate with an application for 2486 ation or preregistration.

2487

o）Upon request, the registrar shall provide the director 2488

ronmental protection, or any person that has been awarded 2489

act under section 3704.l4 of the Revised Code, an on-line 2490

r data link to registration information for all passenger 2491

oncommercial motor vehicles, and commercial cars that are 2492

to that section. The registrar also shall provide to the 2493

r of environmental protection a magnetic data tape 2494

H. B. No. 199 As Introduced

containing registration information regarding passenger cars, noncommercial motor vehicles, and commercial cars for which a multi-year registration is in effect under section 4503.103 of the Revised Code or rules adopted under it, including, without limitation, the date of issuance of the multi-year registration, the registration deadline established under rules adopted under section 4503.101 of the Revised Code that was applicable in the year in which the multi-year registration was issued, and the registration deadline for renewal of the multi-year registration.

2495
2496
2497
2498
2499
2500
2501
2502
2503
2504
2505
2506
2507
2508
2509
2510
2511

(J) Subject to division (K) of this section, application for registration under the international registration plan, as set forth in sections 4503.60 to 4503.66 of the Revised Code, shall be made to the registrar on forms furnished by the registrar. In accordance with international registration plan guidelines and pursuant to rules adopted by the registrar, the forms shall include the following:

(1) A uniform mileage schedule; 2512
(2) The gross vehicle weight of the vehicle or combined 2513
gross vehicle weight of the combination vehicle as declared by 2514
the registrant; 2515
(3) Any other information the registrar requires by rule. 2516
(K) The registrar shall determine the feasibility of 2517
implementing an electronic commercial fleet licensing and 2518
management program that will enable the owners of commercial 2519
tractors, commercial trailers, and commercial semitrailers to 2520
conduct electronic transactions by July 1, 2010, or sooner. If 2521
the registrar determines that implementing such a program is 2522
feasible, the registrar shall adopt new rules under this 2523

H. B. No. 199 As Introduced

division or amend existing rules adopted under this division as necessary in order to respond to advances in technology.

If international registration plan guidelines and provisions allow member jurisdictions to permit applications for registrations under the international registration plan to be made via the internet, the rules the registrar adopts under this division shall permit such action.

(L) The owner of every snowmobile, off-highway motorcycle, mini-truck, utility vehicle, and all-terrain vehicle required to be registered under section 4519.02 of the Revised Code shall file an application for registration under section 4519.03 of the Revised Code. The owner of a motor vehicle, other than a snowmobile, off-highway motorcycle, mini-truck, utility vehicle, and all-terrain vehicle, that is not designed and constructed by the manufacturer for operation on a street or highway may not register it under this chapter except upon certification of inspection pursuant to section 4513.02 of the Revised Code by the sheriff, or the chief of police of the municipal corporation or township, with jurisdiction over the political subdivision in which the owner of the motor vehicle resides.

Sec. 4503.191. (A)(1) The identification license plate shall be issued for a multi-year period as determined by the director of public safety, and, except as provided in division (A)(3) of this section, shall be accompanied by a validation sticker, to be attached to the license plate. Except as provided in divisions (A)(2) and (3) of this section, the validation sticker shall indicate the expiration of the registration period to which the motor vehicle for which the license plate is issued is assigned, in accordance with rules adopted by the registrar of motor vehicles. During each succeeding year of the multi-year

H. B. No. 199 As Introduced

period following the issuance of the plate and validation sticker, upon the filing of an application for registration and the payment of the tax therefor, a validation sticker alone shall be issued. The validation stickers required under this section shall be of different colors or shades each year, the new colors or shades to be selected by the director.

(2)(a) The director shall develop a universal validation sticker that may be issued to any owner of five hundred or more passenger vehicles, so that a sticker issued to the owner may be placed on any passenger vehicle in that owner's fleet. Beginning January 1, 2019, the universal validation sticker shall not have an expiration date on it and shall not need replaced at the time of registration, except in the event of the loss, mutilation, or destruction of the validation sticker. The director may establish and charge an additional fee of not more than one dollar per registration to compensate for necessary costs of the universal validation sticker program. The additional fee shall be credited to the public safety - highway purposes fund created in section 4501.06 of the Revised Code. The director shall select the color or shade of the universal validation sticker.

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(b) A validation sticker issued for an all-purpose allterrain vehicle, mini-truck, or utility vehicle that is registered under Chapter 4519. of the Revised Code, for a noncommercial trailer that is permanently registered under section 4503.107 of the Revised Code, or for a trailer or semitrailer that is permanently registered under division (A)(2) of section 4503.103 of the Revised Code or is registered for any number of succeeding registration years may indicate the expiration of the registration period, if any, by any manner determined by the registrar by rule.

H. B. No. 199 As Introduced

(3) No validation sticker shall be issued, and a 2584

validation sticker is not required for display, on the license 2585
plate of a nonapportioned commercial tractor or any apportioned 2586
motor vehicle. 2587
(B) Identification license plates shall be produced by 2588
Ohio penal industries. Validation stickers and county 2589
identification stickers shall be produced by Ohio penal 2590
industries unless the registrar adopts rules expressly 2591
permitting the registrar or deputy registrars to provide for the 2592
printing or production of the stickers. 2593
Sec. 4503.312. As used in this section: 2594
(A) "Utility trailer" means any trailer, except a travel 2595
trailer or trailer for transporting watercraft, having a gross 2596
weight of less than four thousand pounds. 2597
(B) "Snowmobile" and "all-purpose all-terrain vehicle" 2598
have the same meanings as in section 4519.01 of the Revised 2599
Code. 2600
(C) "Distributor" means any person authorized by a 2601
manufacturer of utility trailers or trailers for transporting 2602
motorcycles, snowmobiles, or all-purpose all-terrain vehicles to 2603
distribute new trailers to persons for purposes of resale. 2604
A manufacturer, distributor, or retail seller of utility 2605
trailers or trailers for transporting motorcycles, snowmobiles, 2606
or all-purpose all-terrain vehicles may apply for registration 2607
with the registrar of motor vehicles for each place in this 2608
state where the manufacturer, distributor, or retail seller 2609
carries on the business of manufacturing, distributing, or 2610
selling at retail such trailers. Applications for annual 2611
registration shall be made at the time provided for payment of 2612

H. B. No. 199 As Introduced

the tax imposed by section 4503.09 of the Revised Code; shall be in the manner to be prescribed by the registrar; and shall be accompanied by an affidavit certifying that the applicant is a manufacturer, distributor, or retail seller of utility trailers or trailers for transporting motorcycles, snowmobiles, or allpurpose all-terrain vehicles. The fee for such registration shall be twenty-five dollars and shall not be reduced when the registration is for a part of a year.

Upon the filing of the application and affidavit, and payment of the fee and appropriate postage as required by the registrar, the registrar shall assign to the applicant a distinctive number which shall be displayed on the rear of each trailer when it is operated on the public highway. Any trailer for transporting motorcycles, snowmobiles, or all-purpose allterrain vehicles that is not loaded may be operated on the public highway until it is sold or transferred; and any utility trailer that is not loaded, or that is being used to transport another utility trailer for purposes of demonstration or delivery, may be operated on the public highway until it is sold or transferred.

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At the time the registrar assigns the distinctive number, the registrar shall furnish one license plate with the number thereon. The manufacturer, distributor, or retail seller may procure a reasonable number of additional registration certificates upon the payment of a fee of five dollars and postage. With each additional registration certificate, the registrar shall furnish one license plate with the same number provided in the original registration certificate, and shall add thereto such special designation as necessary to distinguish one license plate from another. All license plates furnished by the registrar pursuant to this section shall be so marked as to be

H. B. No. 199 As Introduced

distinguishable from license plates issued to dealers in or 2644
manufacturers of motor vehicles or trailers for transporting 2645
watercraft. 2646

The fees collected by the registrar pursuant to this section shall be paid into the public safety - highway purposes fund established by section 4501.06 of the Revised Code and used for the purposes described in that section.

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Sec. 4504.01. As used in this chapter: 2651
(A) "Motor vehicle" means all vehicles included within the 2652
definition of motor vehicle in sections 4501.01 and 4505.01 2653
divisions (A) and (B) of section 4503.01 of the Revised Code and 2654
also includes motorized bicycles. "Motor vehicle" does not 2655
include a concrete pump or a concrete conveyor. 2656
(B) "County motor vehicle license tax" means a tax imposed 2657
by a county pursuant to this chapter. 2658
(C) "Township motor vehicle license tax" means a tax 2659
imposed by a township pursuant to this chapter. 2660
(D) "Municipal motor vehicle license tax" means a tax 2661
imposed by a municipal corporation pursuant to this chapter. 2662
(E) "Registrar" means the registrar of motor vehicles as 2663
provided in section 4501.02 of the Revised Code. 2664
(F) "Deputy registrar" means any deputy appointed by th 2665
registrar of motor vehicles pursuant to sections 4501.02 and 2666
4503.03 of the Revised Code. 2667
Sec. 4505.01. (A) As used in this chapter: 2668

"All-terrain vehicle" has the same meaning as in section 4519.01 of the Revised Code.

H. B. No. 199 As Introduced

"Buyer" and "transferee" mean the applicant for a 2671
certificate of title. 2672
"Certificate of title" and "title" include an electronic 2673
certificate of title, unless otherwise specified. 2674
"Electronic certificate of title" means an electronic 2675
record stored in the automated title processing system that 2676
establishes ownership of a motor vehicle and any security 2677
interests that exist on that motor vehicle. 2678
"Lien" includes, unless the context requires a different 2679
meaning, a security interest in a motor vehicle. 2680
"Manufactured home" has the same meaning as section 2681
3781.06 of the Revised Code. 2682
"Manufactured housing dealer," "manufactured housing 2683
broker," and "manufactured housing salesperson" have the same 2684
meanings as in section 4781.01 of the Revised Code. 2685
"Mini-truck" has the same meaning as in section 4519.01 of 2686
the Revised Code. 2687
"Mobile home" has the same meaning as in section 4501.01 2688
of the Revised Code. 2689
"Motor vehicle" includes manufactured homes, mobile homes, 2690
recreational vehicles, and trailers and semitrailers whose 2691
weight exceeds four thousand pounds. "Motor vehicle" does not 2692
include an off-highway motorcycle, all-terrain vehicle, 2693
snowmobile, utility vehicle, or mini-truck. 2694
"Motor vehicle dealer" and "dealer" have the same meaning 2695
as in section 4517.01 of the Revised Code and includes 2696
manufactured housing dealers. 2697

H. B. No. 199 As Introduced

"Motor vehicle salesperson" includes manufactured housing 2698

salespersons. 2699

"off-highway motorcycle" has the same meaning as in 2700 section 4519.01 of the Revised Code. 2701

"Resident" means any person who either maintains their 2702

principal residence in this state or is determined by the 2703

2704

resident in accordance with the standards adopted by the 2705

registrar under section 4507.01 of the Revised Code. 2706

"Signature" includes an electronic signature as defined by 2707 section 1306.01 of the Revised Code. 2708

"Snowmobile" has the same meaning as in section 4519.01 of 2709 the Revised Code. 2710

"Utility vehicle" has the same meaning as in 4501.01 of 2711

the Revised Code. 2712

(B） The various certificates, applications, and 2713

assignments necessary to provide certificates of title for 2714

manufactured homes, mobile homes, recreational vehicles, and 2715

trailers and semitrailers whose weight exceeds four thousand 2716

pounds, shall be made upon forms prescribed by the registrar of 2717

motor vehicles. 2718

Sec. 4505.06.(A)(l） Application for a certificate of 2719

title shall be made in a form prescribed by the registrar of 2720

2721

other officer empowered to administer oaths. The application 2722

shall be filed with the clerk of any court of common pleas. An 2723

application for a certificate of title may be filed 2724

2725

in any county with the clerk of the court of common pleas of 2726

H. B. No. 199 As Introduced

that county. Any payments required by this chapter shall be 2727
considered as accompanying any electronically transmitted 2728
application when payment actually is received by the clerk. 2729
Payment of any fee or taxes may be made by electronic transfer 2730
of funds. 2731

(2) The application for a certificate of title shall be accompanied by the fee prescribed in section 4505.09 of the Revised Code. The fee shall be retained by the clerk who issues the certificate of title and shall be distributed in accordance with that section. If a clerk of a court of common pleas, other than the clerk of the court of common pleas of an applicant's county of residence, issues a certificate of title to the applicant, the clerk shall transmit data related to the transaction to the automated title processing system.

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(3) If a certificate of title previously has been issued 2741
for a motor vehicle in this state, the application for a 2742
certificate of title also shall be accompanied by that 2743
certificate of title duly assigned, unless otherwise provided in 2744
this chapter. If a certificate of title previously has not been 2745
issued for the motor vehicle in this state, the application, 2746
unless otherwise provided in this chapter, shall be accompanied 2747
by a manufacturer's or importer's certificate or by a 2748
certificate of title of another state from which the motor 2749
vehicle was brought into this state. If the application refers 2750
to a motor vehicle last previously registered in another state, 2751
the application also shall be accompanied by the physical 2752
inspection certificate required by section 4505.061 of the 2753
Revised Code. If the application is made by two persons 2754
regarding a motor vehicle in which they wish to establish joint 2755
ownership with right of survivorship, they may do so as provided 2756
in section 2131.12 of the Revised Code. If the applicant 2757

H. B. No. 199 As Introduced

requests a designation of the motor vehicle in beneficiary form so that upon the death of the owner of the motor vehicle, ownership of the motor vehicle will pass to a designated transfer-on-death beneficiary or beneficiaries, the applicant may do so as provided in section 2131.13 of the Revised Code. A person who establishes ownership of a motor vehicle that is transferable on death in accordance with section 2131.13 of the Revised Code may terminate that type of ownership or change the designation of the transfer-on-death beneficiary or beneficiaries by applying for a certificate of title pursuant to this section. The clerk shall retain the evidence of title presented by the applicant and on which the certificate of title is issued, except that, if an application for a certificate of title is filed electronically by an electronic motor vehicle dealer on behalf of the purchaser of a motor vehicle, the clerk shall retain the completed electronic record to which the dealer converted the certificate of title application and other required documents. The registrar, after consultation with the attorney general, shall adopt rules that govern the location at which, and the manner in which, are stored the actual application and all other documents relating to the transfer of a motor vehicle when an electronic motor vehicle dealer files the application for a certificate of title electronically on behalf of the purchaser. Not later than December 31, 2017, the registrar shall arrange for a service that enables all electronic motor vehicle dealers to file applications for certificates of title on behalf of purchasers of motor vehicles electronically by transferring the applications directly from the computer systems of the dealers to the clerk.

The clerk shall use reasonable diligence in ascertaining whether or not the facts in the application for a certificate of

H. B. No. 199 As Introduced

title are true by checking the application and documents accompanying it or the electronic record to which a dealer converted the application and accompanying documents with the records of motor vehicles in the clerk's office. If the clerk is satisfied that the applicant is the owner of the motor vehicle and that the application is in the proper form, the clerk, within five business days after the application is filed and except as provided in section 4505.021 of the Revised Code, shall issue a physical certificate of title over the clerk's signature and sealed with the clerk's seal, unless the applicant specifically requests the clerk not to issue a physical certificate of title and instead to issue an electronic certificate of title. For purposes of the transfer of a certificate of title, if the clerk is satisfied that the secured party has duly discharged a lien notation but has not canceled the lien notation with a clerk, the clerk may cancel the lien notation on the automated title processing system and notify the clerk of the county of origin.

(4) In the case of the sale of a motor vehicle to a general buyer or user by a dealer, by a motor vehicle leasing dealer selling the motor vehicle to the lessee or, in a case in which the leasing dealer subleased the motor vehicle, the sublessee, at the end of the lease agreement or sublease agreement, or by a manufactured housing broker, the certificate of title shall be obtained in the name of the buyer by the dealer, leasing dealer, or manufactured housing broker, as the case may be, upon application signed by the buyer. The certificate of title shall be issued, or the process of entering the certificate of title application information into the automated title processing system if a physical certificate of title is not to be issued shall be completed, within five

H. B. No. 199 As Introduced

business days after the application for title is filed with the clerk. If the buyer of the motor vehicle previously leased the motor vehicle and is buying the motor vehicle at the end of the lease pursuant to that lease, the certificate of title shall be obtained in the name of the buyer by the motor vehicle leasing dealer who previously leased the motor vehicle to the buyer or by the motor vehicle leasing dealer who subleased the motor vehicle to the buyer under a sublease agreement.

In all other cases, except as provided in section 4505.032 and division (D)(2) of section 4505.11 of the Revised Code, such certificates shall be obtained by the buyer.

(5)(a)(i) If the certificate of title is being obtained in the name of the buyer by a motor vehicle dealer or motor vehicle leasing dealer and there is a security interest to be noted on the certificate of title, the dealer or leasing dealer shall submit the application for the certificate of title and payment of the applicable tax to a clerk within seven business days after the later of the delivery of the motor vehicle to the buyer or the date the dealer or leasing dealer obtains the manufacturer's or importer's certificate, or certificate of title issued in the name of the dealer or leasing dealer, for the motor vehicle. Submission of the application for the certificate of title and payment of the applicable tax within the required seven business days may be indicated by postmark or receipt by a clerk within that period.

(ii) Upon receipt of the certificate of title with the 2845
security interest noted on its face, the dealer or leasing 2846
dealer shall forward the certificate of title to the secured 2847
party at the location noted in the financing documents or 2848
otherwise specified by the secured party. 2849

H. B. No. 199 As Introduced

(iii） A motor vehicle dealer or motor vehicle leasing 2850

dealer is liable to a secured party for a late fee of ten 2851

2852

payment of the applicable tax that is submitted to a clerk more 2853

than seven business days but less than twenty-one days after the 2854

later of the delivery of the motor vehicle to the buyer or the 2855

date the dealer or leasing dealer obtains the manufacturer's or 2856

importer's certificate, or certificate of title issued in the 2857

name of the dealer or leasing dealer, for the motor vehicle and, 2858

from then on, twenty-five dollars per day until the application 2859

and applicable tax are submitted to a clerk. 2860

(b） In all cases of transfer of a motor vehicle except the 2861

transfer of a manufactured home or mobile home, the application 2862

for certificate of title shall be filed within thirty days after 2863

the assignment or delivery of the motor vehicle. 2864

(c） An application for a certificate of title for a new 2865

manufactured home shall be filed within thirty days after the 2866

delivery of the new manufactured home to the purchaser. The date 2867

of the delivery shall be the date on which an occupancy permit 2868

for the manufactured home is delivered to the purchaser of the 2869

home by the appropriate legal authority. 2870

(d) An application for a certificate of title for a used 2871

manufactured home or a used mobile home shall be filed as 2872

followS: 2873

(i） If a certificate of title for the used manufactured 2874

home or used mobile home was issued to the motor vehicle dealer 2875

prior to the sale of the manufactured or mobile home to the 2876

purchaser, the application for certificate of title shall be 2877

filed within thirty days after the date on which an occupancy 2878

permit for the manufactured or mobile home is delivered to the 2879

H. B. No. 199 As Introduced

purchaser by the appropriate legal authority.

(ii) If the motor vehicle dealer has been designated by a secured party to display the manufactured or mobile home for sale, or to sell the manufactured or mobile home under section 4505.20 of the Revised Code, but the certificate of title has not been transferred by the secured party to the motor vehicle dealer, and the dealer has complied with the requirements of division (A) of section 4505.181 of the Revised Code, the application for certificate of title shall be filed within thirty days after the date on which the motor vehicle dealer obtains the certificate of title for the home from the secured party or the date on which an occupancy permit for the manufactured or mobile home is delivered to the purchaser by the appropriate legal authority, whichever occurs later.

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(6) If an application for a certificate of title is not filed within the period specified in division (A)(5)(b), (c), or (d) of this section, the clerk shall collect a fee of five dollars for the issuance of the certificate, except that no such fee shall be required from a motor vehicle salvage dealer, as defined in division (A) of section 4738.01 of the Revised Code, who immediately surrenders the certificate of title for cancellation. The fee shall be in addition to all other fees established by this chapter, and shall be retained by the clerk. The registrar shall provide, on the certificate of title form prescribed by section 4505.07 of the Revised Code, language necessary to give evidence of the date on which the assignment or delivery of the motor vehicle was made.

(7) As used in division (A) of this section, "lease agreement," "lessee," and "sublease agreement" have the same meanings as in section 4505.04 of the Revised Code and "new

H. B. No. 199 As Introduced

manufactured home," "used manufactured home," and "used mobile 2910

evised Code.			2911 2912
	(B)(l） The clerk, except as provided in this section,		2913
			2914
		ertificate of title and shall refuse to issue a certificate of	2915
		itle unless the dealer or the applicant, in cases in which the	2916
		ertificate shall be obtained by the buyer, submits with the	2917
			2918
		739. and 574l. of the Revised Code based on the purchaser's	2919
		ounty of residence. Upon payment of the tax in accordance with	2920
	ivision (E) of this section, the clerk shall issue a receipt		2921
	cescribed by the registrar and agreed upon by the tax		2922
	ommissioner showing payment of the tax or a receipt issued by		2923
	ne commissioner showing the payment of the tax. When submitting		2924
	ayment of the tax to the clerk, a dealer shall retain any		2925
the Revised Code.	iscount to which the dealer is entitled under section 5739.12		2926 2927
		(2） For receiving and disbursing such taxes paid to the	2928
	erk by a resident of the clerk's county, the clerk may retain		2929
	poundage fee of one and one one-hundredth per cent, and the		2930
			2931
	dministration fund created by section 325.33 of the Revised		2932
			2933
	axes by persons who do not reside in the clerk's county.		2934
		A clerk, however, may retain from the taxes paid to the	2935
	lerk an amount equal to the poundage fees associated with		2936
		ertificates of title issued by other clerks of courts of common	2937
		leas to applicants who reside in the first clerk's county. The	2938
		egistrar, in consultation with the tax commissioner and the	2939

H. B. No. 199 As Introduced

clerks of the courts of common pleas, shall develop a report from the automated title processing system that informs each clerk of the amount of the poundage fees that the clerk is permitted to retain from those taxes because of certificates of title issued by the clerks of other counties to applicants who reside in the first clerk's county.

(3) In the case of casual sales of motor vehicles, as defined in section 4517.01 of the Revised Code, the price for the purpose of determining the tax shall be the purchase price on the assigned certificate of title, or assignment form prescribed by the registrar, executed by the seller and filed with the clerk by the buyer on a form to be prescribed by the registrar, which shall be prima-facie evidence of the amount for the determination of the tax.

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(4) Each county clerk shall forward to the registrar of motor vehicles all sales and use tax collections resulting from sales of motor vehicles, off-highway motorcycles, and allpurpose all-terrain vehicles during a calendar week on or before the Friday following the close of that week. If, on any Friday, the offices of the clerk of courts or the state are not open for business, the tax shall be forwarded to the registrar on or before the next day on which the offices are open. Every remittance of tax under division (B)(4) of this section shall be accompanied by a remittance report in such form as the tax commissioner prescribes. Upon receipt of a tax remittance and remittance report, the registrar shall date stamp the report and forward it to the tax commissioner. If the tax due for any week is not remitted by a clerk of courts as required under division (B)(4) of this section, the commissioner may require the clerk to forfeit the poundage fees for the sales made during that week. The registrar may require the clerks of courts to transmit

H. B. No. 199 As Introduced

tax collections and remittance reports electronically. 2971

(C)(1) If the transferor indicates on the certificate of title that the odometer reflects mileage in excess of the designed mechanical limit of the odometer, the clerk shall enter the phrase "exceeds mechanical limits" following the mileage designation. If the transferor indicates on the certificate of title that the odometer reading is not the actual mileage, the clerk shall enter the phrase "nonactual: warning - odometer discrepancy" following the mileage designation. The clerk shall use reasonable care in transferring the information supplied by the transferor, but is not liable for any errors or omissions of the clerk or those of the clerk's deputies in the performance of the clerk's duties created by this chapter.

The registrar shall prescribe an affidavit in which the transferor shall swear to the true selling price and, except as provided in this division, the true odometer reading of the motor vehicle. The registrar may prescribe an affidavit in which the seller and buyer provide information pertaining to the odometer reading of the motor vehicle in addition to that required by this section, as such information may be required by the United States secretary of transportation by rule prescribed under authority of subchapter IV of the "Motor Vehicle Information and Cost Savings Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.

(2) Division (C)(1) of this section does not require the giving of information concerning the odometer and odometer reading of a motor vehicle when ownership of a motor vehicle is being transferred as a result of a bequest, under the laws of intestate succession, to a survivor pursuant to section 2106.18, 2131.12, or 4505.10 of the Revised Code, to a transfer-on-death

H. B. No. 199 As Introduced

	Revised Code, in connection with the creation of a security			3002
	interest or for a vehicle with a gross vehicle weight rating of			3003
	more than sixteen thousand pounds.			3004
	(D） When the transfer to the applicant was made in some			3005
	other state or in interstate commerce, the clerk, except as			3006
	provided in this section, shall refuse to issue any certificate			3007
				3008
	sa o o a u o a o			3009
				3010
	commissioner, or unless the applicant submits with the			3011
	application payment of the tax. Upon payment of the tax in			3012
	accordance with division (E) of this section, the clerk shall			3013
	issue a receipt prescribed by the registrar and agreed upon by			3014
	the tax commissioner, showing payment of the tax.			3015
	For receiving and disbursing such taxes paid to the clerk			3016
	by a resident of the clerk's county, the clerk may retain a			3017
	a o g odg			3018
				3019
	persons who do not reside in the clerk's county.			3020
	A clerk, however, may retain from the taxes paid to the			3021
	clerk an amount equal to the poundage fees associated with			3022
	certificates of title issued by other clerks of courts of common			3023
	pleas to applicants who reside in the first clerk's county. The			3024
	registrar, in consultation with the tax commissioner and the
				3025
	clerks of the courts of common pleas， shall develop a report			3026
				3027
				3028
	permitted to retain from those taxes because of certificates of			3029
	title issued by the clerks of other counties to applicants who			3030

H. B. No. 199 As Introduced

reside in the first clerk's county.

When the vendor is not regularly engaged in the business of selling motor vehicles, the vendor shall not be required to purchase a vendor's license or make reports concerning those sales.

(E) The clerk shall accept any payment of a tax in cash, or by cashier's check, certified check, draft, money order, or teller check issued by any insured financial institution payable to the clerk and submitted with an application for a certificate of title under division (B) or (D) of this section. The clerk also may accept payment of the tax by corporate, business, or personal check, credit card, electronic transfer or wire transfer, debit card, or any other accepted form of payment made payable to the clerk. The clerk may require bonds, guarantees, or letters of credit to ensure the collection of corporate, business, or personal checks. Any service fee charged by a third party to a clerk for the use of any form of payment may be paid by the clerk from the certificate of title administration fund created in section 325.33 of the Revised Code, or may be assessed by the clerk upon the applicant as an additional fee. Upon collection, the additional fees shall be paid by the clerk into that certificate of title administration fund.

The clerk shall make a good faith effort to collect any payment of taxes due but not made because the payment was returned or dishonored, but the clerk is not personally liable for the payment of uncollected taxes or uncollected fees. The clerk shall notify the tax commissioner of any such payment of taxes that is due but not made and shall furnish the information to the commissioner that the commissioner requires. The clerk shall deduct the amount of taxes due but not paid from the

H. B. No. 199 As Introduced

clerk's periodic remittance of tax payments, in accordance with 3061
procedures agreed upon by the tax commissioner. The commissioner 3062
may collect taxes due by assessment in the manner provided in 3063
section 5739.13 of the Revised Code. 3064

Any person who presents payment that is returned or dishonored for any reason is liable to the clerk for payment of a penalty over and above the amount of the taxes due. The clerk shall determine the amount of the penalty, and the penalty shall be no greater than that amount necessary to compensate the clerk for banking charges, legal fees, or other expenses incurred by the clerk in collecting the returned or dishonored payment. The remedies and procedures provided in this section are in addition to any other available civil or criminal remedies. Subsequently collected penalties, poundage fees, and title fees, less any title fee due the state, from returned or dishonored payments collected by the clerk shall be paid into the certificate of title administration fund. Subsequently collected taxes, less poundage fees, shall be sent by the clerk to the registrar of motor vehicles at the next scheduled periodic remittance of tax payments, with information as the commissioner may require. The clerk may abate all or any part of any penalty assessed under this division.

(F) In the following cases, the clerk shall accept for 3083
filing an application and shall issue a certificate of title 3084
without requiring payment or evidence of payment of the tax: 3085
(1) When the purchaser is this state or any of its 3086
political subdivisions, a church, or an organization whose 3087
purchases are exempted by section 5739.02 of the Revised Code; 3088
(2) When the transaction in this state is not a retail 3089
sale as defined by section 5739.01 of the Revised Code; 3090

H. B. No. 199 As Introduced

(3) When the purchase is outside this state or in 3091
interstate commerce and the purpose of the purchaser is not to 3092
use, store, or consume within the meaning of section 5741.01 of 3093
the Revised Code; 3094
(4) When the purchaser is the federal government; 3095
(5) When the motor vehicle was purchased outside this 3096
state for use outside this state; 3097

(6) When the motor vehicle is purchased by a nonresident under the circumstances described in division (B)(1) of section 5739.029 of the Revised Code, and upon presentation of a copy of the statement provided by that section, and a copy of the exemption certificate provided by section 5739.03 of the Revised Code.

3103
(G) An application, as prescribed by the registrar and 3104
agreed to by the tax commissioner, shall be filled out and sworn 3105
to by the buyer of a motor vehicle in a casual sale. The 3106
application shall contain the following notice in bold 3107
lettering: "WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND 3108
BUYER): You are required by law to state the true selling price. 3109
A false statement is in violation of section 2921.13 of the 3110
Revised Code and is punishable by six months' imprisonment or a 3111
fine of up to one thousand dollars, or both. All transfers are 3112
audited by the department of taxation. The seller and buyer must 3113
provide any information requested by the department of taxation. 3114
The buyer may be assessed any additional tax found to be due." 3115
(H) For sales of manufactured homes or mobile homes 3116
occurring on or after January 1, 2000, the clerk shall accept 3117
for filing, pursuant to Chapter 5739. of the Revised Code, an 3118
application for a certificate of title for a manufactured home 3119

H. B. No. 199 As Introduced

or mobile home without requiring payment of any tax pursuant to
	3120
section 5739.02， 5741.021， 5741.022， or 5741.023 of the Revised	3121
Code, or a receipt issued by the tax commissioner showing	3122
payment of the tax. For sales of manufactured homes or mobile	3123
	3124
pay to the clerk an additional fee of five dollars for each	3125
	3126
	3127
Revised Code and for each certificate of title issued upon	3128
transfer of ownership of the home. The clerk shall credit the	3129
fee to the county certificate of title administration fund, and	3130
the fee shall be used to pay the expenses of archiving those	3131
certificates pursuant to division (A） of section 4505.08 and	3132
division (H)(3） of section 4505.l1 of the Revised Code. The tax	3133
commissioner shall administer any tax on a manufactured or	3134
mobile home pursuant to Chapters 5739. and 5741. of the Revised	3135
Code.	3136
a o ()	3137
	3138
issuance of motor vehicle certificates of title that are	3139
described in the Revised Code as being accomplished by	3140
electronic means.	3141
Sec.4505.09．(A)(1） The clerk of a court of common pleas	3142
shall charge and retain fees as follows:	3143
(a） Five dollars for each certificate of title that is not	3144
applied for within thirty days after the later of the assignment	3145
or delivery of the motor vehicle described in it. The entire fee	3146
shall be retained by the clerk.	3147
(b） Fifteen dollars for each certificate of title or	3148
duplicate certificate of title including the issuance of a
	3149

H. B. No. 199

AsIntroduced
memorandum certificate of title, or authorization to print a	3150
non-negotiable evidence of ownership described in division (G)	3151
of section 4505.08 of the Revised Code, non-negotiable evidence	3152
of ownership printed by the clerk under division (H) of that	3153
section, and notation of any lien on a certificate of title that	3154
	3155
clerk shall retain eleven dollars and fifty cents of that fee	3156
for each certificate of title when there is a notation of a lien	3157
or security interest on the certificate of title, twelve dollars	3158
and twenty-five cents when there is no lien or security interest	3159
noted on the certificate of title, and eleven dollars and fifty	3160
cents for each duplicate certificate of title.	3161
(c） Four dollars and fifty cents for each certificate of	3162
title with no security interest noted that is issued to a	3163
licensed motor vehicle dealer for resale purposes and, in	3164
addition, a separate fee of fifty cents. The clerk shall retain	3165
two dollars and twenty-five cents of that fee.	3166
(d） Five dollars for each memorandum certificate of title	3167
or non-negotiable evidence of ownership that is applied for	3168
separately. The clerk shall retain that entire fee.	3169
(2） The fees that are not retained by the clerk shall be	3170
paid to the registrar of motor vehicles by monthly returns,	3171
which shall be forwarded to the registrar not later than the	3172
fifth day of the month next succeeding that in which the	3173
certificate is issued or that in which the registrar is notified	3174
of a lien or cancellation of a lien.	3175
(B)(l) The registrar shall pay twenty-five cents of the	3176
amount received for each certificate of title issued to a motor	3177
vehicle dealer for resale, one dollar for certificates of title	3178
issued with a lien or security interest noted on the certificate	3179

H. B. No. 199 As Introduced

of title, and twenty-five cents for each certificate of title 3180
with no lien or security interest noted on the certificate of 3181
title into the public safety - highway purposes fund established 3182
in section 4501.06 of the Revised Code. 3183
(2) Fifty cents of the amount received for each 3184
certificate of title shall be paid by the registrar as follows: 3185
(a) Four cents shall be paid into the state treasury to 3186
the credit of the motor vehicle dealers board fund, which is 3187
hereby created. All investment earnings of the fund shall be 3188
credited to the fund. The moneys in the motor vehicle dealers 3189
board fund shall be used by the motor vehicle dealers board 3190
created under section 4517.30 of the Revised Code, together with 3191
other moneys appropriated to it, in the exercise of its powers 3192
and the performance of its duties under Chapter 4517. of the 3193
Revised Code, except that the director of budget and management 3194
may transfer excess money from the motor vehicle dealers board 3195
fund to the public safety - highway purposes fund if the 3196
registrar determines that the amount of money in the motor 3197
vehicle dealers board fund, together with other moneys 3198
appropriated to the board, exceeds the amount required for the 3199
exercise of its powers and the performance of its duties under 3200
Chapter 4517. of the Revised Code and requests the director to 3201
make the transfer. 3202
(b) Thirty-one cents shall be paid into the highway 3203
operating fund created by section 5735.051 of the Revised Code. 3204
(c) Fifteen cents shall be paid into the state treasury to 3205
the credit of the motor vehicle sales audit fund, which is 3206
hereby created. The moneys in the fund shall be used by the tax 3207
commissioner together with other funds available to the 3208
commissioner to conduct a continuing investigation of sales and 3209

H. B. No. 199 As Introduced

use tax returns filed for motor vehicles in order to determine 3210
if sales and use tax liability has been satisfied. The 3211
commissioner shall refer cases of apparent violations of section 3212
2921.13 of the Revised Code made in connection with the titling 3213
or sale of a motor vehicle and cases of any other apparent 3214
violations of the sales or use tax law to the appropriate county 3215
prosecutor whenever the commissioner considers it advisable. 3216

(3) Two dollars of the amount received by the registrar under divisions (A)(1)(a), (b), and (d) of this section and one dollar and fifty cents of the amount received by the registrar under division (A)(1)(c) of this section for each certificate of title shall be paid into the state treasury to the credit of the automated title processing fund, which is hereby created and which shall consist of moneys collected under division (B)(3) of this section and under sections 1548.10 and 4519.59 of the Revised Code. All investment earnings of the fund shall be credited to the fund. The moneys in the fund shall be used as follows:

(a) Except for moneys collected under section 1548.10 of the Revised Code, moneys collected under division (B)(3) of this section shall be used to implement and maintain an automated title processing system for the issuance of motor vehicle, offhighway motorcycle, and all-purpose all-terrain vehicle certificates of title in the offices of the clerks of the courts of common pleas. Those moneys also shall be used to pay expenses that arise as a result of enabling electronic motor vehicle dealers to directly transfer applications for certificates of title under division (A)(3) of section 4505.06 of the Revised Code.

(b) Moneys collected under section 1548.10 of the Revised

H. B. No. 199 As Introduced

Code shall be used to issue marine certificates of title in the 3240
offices of the clerks of the courts of common pleas as provided 3241
in Chapter 1548. of the Revised Code. 3242
registrar shall pay the fifty-cent separate fee 3243
m a licensed motor vehicle dealer under division 3244
(A)(1)(c) of this section into the title defect recision fund 3245
created by section 1345.52 of the Revised Code. 3246
(C)(1) The automated title processing board is hereby 3247
created consisting of the registrar or the registrar's 3248
representative, a person selected by the registrar, the 3249
president of the Ohio clerks of court association or the 3250
president's representative, and two clerks of courts of common 3251
pleas appointed by the governor. The director of budget and 3252
management or the director's designee, the chief of the division 3253
of parks and watercraft in the department of natural resources 3254
or the chief's designee, and the tax commissioner or the 3255
commissioner's designee shall be nonvoting members of the board. 3256
The purpose of the board is to facilitate the operation and 3257
maintenance of an automated title processing system and approve 3258
nt of automated title processing system equipment 3259
and ribbons, cartridges, or other devices necessary for the 3260
operation of that equipment. Voting members of the board, 3261
excluding the registrar or the registrar's representative, shall 3262
serve without compensation, but shall be reimbursed for travel 3263
and other necessary expenses incurred in the conduct of their 3264
official duties. The registrar or the registrar's representative 3265
shall receive neither compensation nor reimbursement as a board 3266
member. 3267
(2) The automated title processing board shall determine 3268

each of the following:

H. B. No. 199 As Introduced

(a) The automated title processing equipment and 3270
certificates of title requirements for each county; 3271
(b) The payment of expenses that may be incurred by the 3272
counties in implementing an automated title processing system; 3273
(c) The repayment to the counties for existing title 3274
processing equipment; 3275
(d) With the approval of the director of public safety, 3276
the award of grants from the automated title processing fund to 3277
the clerk of courts of any county who employs a person who 3278
assists with the design of, updates to, tests of, installation 3279
of, or any other activity related to, an automated title 3280
processing system. Any grant awarded under division (C)(2)(d) of 3281
this section shall be deposited into the appropriate county 3282
certificate of title administration fund created under section 3283
325.33 of the Revised Code and shall not be used to supplant any 3284
other funds. 3285
(3) The registrar shall purchase, lease, or otherwise 3286
acquire any automated title processing equipment and 3287
certificates of title that the board determines are necessary 3288
from moneys in the automated title processing fund established 3289
by division (B)(3) of this section. 3290
(D) All counties shall conform to the requirements of the 3291
registrar regarding the operation of their automated title 3292
processing system for motor vehicle titles, certificates of 3293
title for off-highway motorcycles and all-purpose all-terrain 3294
vehicles, certificates of title for snowmobiles, utility 3295
vehicles, and mini-trucks, and certificates of title for 3296
watercraft and outboard motors. 3297

Sec. 4505.11. This section shall also apply to all-purpose

H. B. No. 199 As Introduced

vehieles and off-highway motoreyeles as defined in section 4519.01 of the Revised Code.	3299
	3300
(A） Each owner of a motor vehicle and each person	3301
mentioned as owner in the last certificate of title, when the	3302
motor vehicle is dismantled, destroyed, or changed in such	3303
manner that it loses its character as a motor vehicle， or	3304
changed in such manner that it is not the motor vehicle	3305
described in the certificate of title, shall surrender the	3306
certificate of title to that motor vehicle to a clerk of a court	3307
of common pleas, and the clerk， with the consent of any holders	3308
of any liens noted on the certificate of title, then shall enter	3309
a cancellation upon the clerk's records and shall notify the	3310
registrar of motor vehicles of the cancellation.	3311
Upon the cancellation of a certificate of title in the	3312
manner prescribed by this section, any clerk and the registrar	3313
of motor vehicles may cancel and destroy all certificates and	3314
all memorandum certificates in that chain of title.	3315
(B)(l） If an Ohio certificate of title， salvage	3316
certificate of title, or assignment form as prescribed by the	3317
registrar for a motor vehicle is assigned to a salvage dealer,	3318
	3319
	3320
the dealer's own name if the dealer dismantles or destroys the	3321
motor vehicle, indicates the number of the dealer's motor	3322
	3323
	3324
of title, or assignment form and surrenders the certificate of	3325
title， salvage certificate of title， or assignment form to a	3326
clerk of a court of common pleas as provided in division (A) of	3327
this section. If the salvage dealer retains the motor vehicle	3328

H. B. No. 199 As Introduced

for resale, the dealer shall make application for a salvage 3329
certificate of title to the motor vehicle in the dealer's own 3330
name as provided in division (C)(1) of this section. 3331

(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, certificate of title, or assignment form 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. This certificate of title, any supporting power of attorney, or application for a salvage certificate of title shall be exempt from the requirements of notarization and verification as described in this chapter and in section 1337.25 of the Revised Code, and may be signed electronically.

(b) If an insurance company obtains possession of the motor vehicle and a physical certificate of title was issued for the vehicle but the insurance company 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

H. B. No. 199 As Introduced

court of common pleas for a salvage certificate of title without delivering the certificate of title for the motor vehicle. The application, which may be signed electronically, 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 from the insurance company or its designee, and proof that the request was delivered by a nationally recognized courier service to the last known address of the owner of the vehicle and any known lienholder, to obtain the certificate of title.

(c) If an insurance company obtains possession of the motor vehicle and a physical certificate of title was not issued 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 a certificate of title for the motor vehicle. The application shall be accompanied by the electronic certificate of title control number and a properly executed power of attorney, or other appropriate document, from the owner of the motor vehicle authorizing the insurance company to apply for a salvage certificate of title. The application for a salvage certificate of title, any supporting power of attorney, and any other appropriate document shall be exempt from the requirements of notarization and verification as described in this chapter and in section 1337.25 of the Revised Code, and may be signed electronically.

(d) Upon receipt of a properly completed application for a salvage certificate of title as described in division (C)(1)(a), (b), or (c) 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

H. B. No. 199 As Introduced

information as the original certificate of title except that it 3390
may bear a different number than that of the original 3391
certificate of title. The salvage certificate of title shall 3392
include the following notice in bold lettering: 3393

"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 transferable 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 proof that the request was delivered by a nationally recognized courier service to the last known address of the 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

H. B. No. 199 As Introduced

of a properly completed application, the clerk shall follow the process as described in division (C)(1)(d) 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), (b), or (c) 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 3434
impractical to repair a motor vehicle, agrees to pay to the 3435
insured or claimant owner an amount in settlement of a claim 3436
against a policy of motor vehicle insurance covering the motor 3437
vehicle, and agrees to permit the insured or claimant owner to 3438
retain possession of the motor vehicle, the insurance company 3439
shall not pay the insured or claimant owner any amount in 3440
settlement of the insurance claim until the owner obtains a 3441
salvage certificate of title to the vehicle and furnishes a copy 3442
of the salvage certificate of title to the insurance company. 3443
(D) When a self-insured organization, rental or leasing 3444
company, or secured creditor becomes the owner of a motor 3445
vehicle that is burned, damaged, or dismantled and is determined 3446
to be economically impractical to repair, the self-insured 3447
organization, rental or leasing company, or secured creditor 3448
shall do one of the following: 3449

H. B. No. 199 As Introduced

(1) Mark the face of the certificate of title to the motor vehicle, or assignment form as prescribed by the registrar, "FOR DESTRUCTION" and surrender the certificate of title or assignment form 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 or assignment form, 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 selfinsured 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

H. B. No. 199 As Introduced

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 public safety - highway purposes 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 or assignment form 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

H. B. No. 199 As Introduced

	of a manufactured or mobile home that will be taxed as	3511
	roperty pursuant to division (B） of section 4503.06 of the	3512
	d Code shall surrender the certificate of title to the	3513
	r of the county containing the taxing district in which	3514
		3515
	ty taxation under divisions (B)(l)(a) and (b) of section	3516
	6 of the Revised Code shall surrender the certificate	3517
	fifteen days after the home meets the conditions	3518
	ied in those divisions. The auditor shall deliver the	3519
	icate of title to the clerk of the court of common pleas	3520
Suedit.		3521
	(2）If the certificate of title for a manufactured or	3522
	home that is to be taxed as real property is held by a	3523
	lder, the lienholder shall surrender the certificate of	3524
	to the auditor of the county containing the taxing	3525
	ct in which the home is located， and the auditor shall	3526
	c the certificate of title to the clerk of the court of	3527
	pleas who issued it. The lienholder shall surrender the	3528
	icate within thirty days after both of the following have	3529
ed:		3530
	(a） The homeowner has provided written notice to the	3531
	lder requesting that the certificate of title be	3532
	dered to the auditor of the county containing the taxing	3533
	ct in which the home is located.	3534
	(b） The homeowner has either paid the lienholder the	3535
	ing balance owed to the lienholder, or, with the	3536
	lder's consent, executed and delivered to the lienholder a	3537
	a u is st ou m uo m u ou uo a	3538
	of the remaining balance owed to the lienholder.	3539
	(3） Upon the delivery of a certificate of title by the	3540

H. B. No. 199 As Introduced

county auditor to the clerk, the clerk shall inactivate it and 3541
maintain it in the automated title processing system for a 3542
period of thirty years. 3543
(4) Upon application by the owner of a manufactured or 3544
mobile home that is taxed as real property pursuant to division 3545
(B) of section 4503.06 of the Revised Code and that no longer 3546
satisfies divisions (B)(1)(a) and (b) or divisions (B)(2)(a) and 3547
(b) of that section, the clerk shall reactivate the record of 3548
the certificate of title that was inactivated under division (H) 3549
(3) of this section and shall issue a new certificate of title, 3550
but only if the application contains or has attached to it all 3551
of the following: 3552
(a) An endorsement of the county treasurer that all real 3553
property taxes charged against the home under Title LVII of the 3554
Revised Code and division (B) of section 4503.06 of the Revised 3555
Code for all preceding tax years have been paid; 3556
(b) An endorsement of the county auditor that the home 3557
will be removed from the real property tax list; 3558
(c) Proof that there are no outstanding mortgages or other 3559
liens on the home or, if there are such mortgages or other 3560
liens, that the mortgagee or lienholder has consented to the 3561
reactivation of the certificate of title. 3562
(I)(1) Whoever violates division (F) of this section shal 3563
be fined not more than two thousand dollars, imprisoned not more 3564
than one year, or both. 3565
(2) Whoever violates division (G) of this section shall be 3566
fined not more than one thousand dollars, imprisoned not more 3567
than six months, or both. 3568
Sec. 4510.036. (A) The bureau of motor vehicles shall 3569

H. B. No. 199 As Introduced