HB 54: Make appropriations for transportation for FY 2026-27 biennium
The bill amends various sections of the Ohio Revised Code to update compensation for members of the Ohio General Assembly. Members of the Senate and House of Representatives will receive a salary of $63,007 per year, with additional amounts for certain positions such as chairpersons of committees and subcommittees. The bill also establishes a formula for increasing salaries over time, with adjustments made every year from 2020 to 2028. The bill also makes changes to the payment of salaries, including the payment of monthly installments and the payment of travel reimbursement. Additionally, the bill provides for the payment of a salary to the surviving spouse, children, mother, or father of a deceased member. The bill repeals certain sections of the revised code and enacts new sections to provide for the operation of certain programs related to transportation.<br>This bill establishes th…
| Jun. 30, 2025 | Effective Certain provisions effective March 31, 2025; October 1, 2025; and December 27, 2025 |
| Mar. 31, 2025 | Signed By The Governor |
| Mar. 25, 2025 | Sent To The Governor |
| Mar. 19, 2025 | Passed - Amended |
| Mar. 19, 2025 | Reported - Substitute: Transportation |
(136th General Assembly) (Amended Substitute House Bill Number 54)
AN ACT
To amend sections 101.27, 117.12, 154.01, 306.30, 306.35, 306.43, 717.02, 1548.061, 2935.03, 3503.11, 3704.14, 4501.01, 4503.10, 4503.102, 4503.103, 4503.21, 4505.08, 4506.01, 4506.09, 4506.11, 4507.01, 4507.061, 4507.13, 4507.21, 4507.52, 4508.02, 4511.01, 4511.031, 4511.09, 4511.091, 4511.092, 4511.093, 4511.094, 4511.11, 4511.13, 4511.131, 4511.132, 4511.18, 4511.204, 4511.21, 4511.211, 4511.214, 4511.432, 4511.46, 4511.48, 4511.512, 4511.61, 4511.62, 4511.64, 4511.65, 4511.68, 4511.701, 4511.712, 4511.76, 4513.071, 4513.38, 4513.41, 4517.02, 4517.24, 4519.401, 4955.50, 4955.51, 5501.20, 5501.41, 5501.441, 5512.07, 5513.01, 5515.01, 5515.02, 5515.99, 5517.02, 5517.021, 5521.01, 5525.03, 5525.04, 5525.08, 5525.14, 5525.16, 5537.02, 5571.01, and 5747.502; to enact sections 117.56, 1548.062, 4503.183, 4503.211, 4505.072, 4511.15, 4511.765, 4923.12, 4955.52, 4955.53, 4955.55, 4955.57, 5501.041, 5501.421, 5515.10, 5517.012, and 5517.08; and to repeal sections 4506.072, 4507.021, 4507.063, 4507.511, 4511.351, 4511.491, and 5501.60 of the Revised Code and to amend Sections 200.20, 200.30 as subsequently amended, 243.10, and 243.20 of H.B. 2 of the 135th General Assembly and Section 755.20 of H.B. 23 of the 135th General Assembly to make appropriations for programs related to transportation for the biennium beginning July 1, 2025, and ending June 30, 2027, and to provide authorization and conditions for the operation of those programs.
Be it enacted by the General Assembly of the State of Ohio:
SECTION 101.01. That sections 101.27, 117.12, 154.01, 306.30, 306.35, 306.43, 717.02,
1548.061, 2935.03, 3503.11, 3704.14, 4501.01, 4503.10, 4503.102, 4503.103, 4503.21, 4505.08,
4506.01, 4506.09, 4506.11, 4507.01, 4507.061, 4507.13, 4507.21, 4507.52, 4508.02, 4511.01,
4511.031, 4511.09, 4511.091, 4511.092, 4511.093, 4511.094, 4511.11, 4511.13, 4511.131, 4511.132,
4511.18, 4511.204, 4511.21, 4511.211, 4511.214, 4511.432, 4511.46, 4511.48, 4511.512, 4511.61,
4511.62, 4511.64, 4511.65, 4511.68, 4511.701, 4511.712, 4511.76, 4513.071, 4513.38, 4513.41,
4517.02, 4517.24, 4519.401, 4955.50, 4955.51, 5501.20, 5501.41, 5501.441, 5512.07, 5513.01,
5515.01, 5515.02, 5515.99, 5517.02, 5517.021, 5521.01, 5525.03, 5525.04, 5525.08, 5525.14,
5525.16, 5537.02, 5571.01, and 5747.502 be amended and sections 117.56, 1548.062, 4503.183,
4503.211, 4505.072, 4511.15, 4511.765, 4923.12, 4955.52, 4955.53, 4955.55, 4955.57, 5501.041,
5501.421, 5515.10, 5517.012, and 5517.08 of the Revised Code be enacted to read as follows:
Sec. 101.27. (A)(1) Every member of the senate, except the members elected president, president pro tempore, assistant president pro tempore, majority whip, minority leader, assistant minority leader, minority whip, and assistant minority whip, shall receive as compensation a salary of sixty-three thousand seven dollars a year during the senator's term of office. Every member of the house of representatives, except the members elected speaker, speaker pro tempore, assistant speaker pro tempore, majority floor leader, assistant majority floor leader, majority whip, assistant majority whip, minority leader, assistant minority leader, minority whip, and assistant minority whip, shall receive as compensation a salary of sixty-three thousand seven dollars a year during the representative's term of office. Such salaries shall be paid in equal monthly installments during such term. All monthly payments shall be made on or before the fifth day of each month. Upon the death of any member of the general assembly during the member's term of office, any unpaid salary due such member for the remainder of the member's term shall be paid to the member's surviving spouse, children, mother, or father, in the order in which the relationship is set forth in this section in monthly installments.
(2) Each member shall receive a travel reimbursement per mile each way, at the same mileage rate allowed for the reimbursement of travel expenses of state agents as provided by rule of the director of budget and management pursuant to division (B) of section 126.31 of the Revised Code, for mileage not more than once a week during the session for travel incurred by a member from and to the member's place of residence, by the most direct highway route of public travel to and from the seat of government, to be paid quarterly on the last day of March, June, September, and December of each year.
(3) The member of the senate elected president and the member of the house of representatives elected speaker shall each receive as compensation a salary of ninety-eight thousand two hundred fourteen dollars a year during the president's or speaker's term of office.
The member of the senate elected president pro tempore, the member of the senate elected minority leader, the member of the house of representatives elected speaker pro tempore, and the member of the house of representatives elected minority leader shall each receive as compensation a salary of eighty-nine thousand six hundred twelve dollars a year during the member's term of office.
The member of the house of representatives elected majority floor leader and the member of the senate elected assistant president pro tempore shall each receive as compensation a salary of eighty-four thousand four hundred ten dollars a year during the member's term of office.
The member of the senate elected assistant minority leader and the member of the house of representatives elected assistant minority leader shall each receive as compensation a salary of eighty-one thousand eight hundred fifteen dollars a year during the member's term of office.
The member of the senate elected majority whip and the member of the house of representatives elected assistant majority floor leader shall each receive a salary of seventy-nine thousand two hundred sixteen dollars a year during the member's term of office.
The member of the senate elected minority whip, the member or members of the house of representatives elected majority whip, and the member of the house of representatives elected minority whip shall each receive as compensation a salary of seventy-four thousand twenty dollars a year during the member's term of office.
The member of the house of representatives elected assistant majority whip shall receive as compensation a salary of sixty-eight thousand eight hundred twenty-two dollars a year during the member's term of office.
The member of the house of representatives elected assistant minority whip and the member of the senate elected assistant minority whip shall each receive a salary of sixty-five thousand nine hundred sixteen dollars a year during the member's term of office.
(4) The member of the house of representatives elected assistant speaker pro tempore shall receive a salary of ninety-nine thousand nine hundred three dollars and ninety cents a year during the member's term of office.
(5) The chairperson of the finance committee of each house shall receive an additional sum of thirteen thousand five hundred dollars annually. The chairperson of each standing committee of each house other than the finance committee shall receive an additional sum of nine thousand dollars annually. The chairperson of each standing subcommittee of a finance committee shall receive an additional sum of nine thousand dollars annually. The vice-chairperson of the finance committee of each house shall receive an additional sum of seven thousand five hundred dollars annually. The ranking minority member of the finance committee of each house shall receive an additional sum of nine thousand dollars annually. The ranking minority member of each standing subcommittee of a finance committee shall receive an additional sum of six thousand seven hundred fifty dollars annually. The chairperson of each standing subcommittee of each house other than a standing subcommittee of the finance committee shall receive an additional sum of six thousand seven hundred fifty dollars annually. The vice-chairperson and ranking minority member of each standing committee of each house other than the finance committee shall each receive an additional sum of six thousand seven hundred fifty dollars annually. Except for the ranking minority member of each standing subcommittee of a finance committee, the ranking minority member of each standing subcommittee of each house shall receive an additional sum of three thousand two hundred fifty dollars annually.
No member may receive more than one additional sum for serving as chairperson, vicechairperson, or ranking minority member of a standing committee or standing subcommittee, regardless of the number of standing committees or standing subcommittees on which the member serves as chairperson, vice-chairperson, or ranking minority member.
(5)(6) If a member is absent without leave, or is not excused on the member's return, there shall be deducted from the member's compensation twenty dollars for each day's absence.
(B)(1) The salary amounts under divisions (A)(1) and (3) of this section are for calendar yea 2019. The salary amount under division (A)(4) of this section is for calendar year 2025.
(2) Each calendar year from 2020 through 2028, the salary amounts under divisions (A)(1)
and (3) of this section, and each calendar year from 2026 through 2028 the salary amount under division (A)(4) of this section, shall be increased as follows:
(a) In calendar year 2020, by four per cent; (b) In calendar year 2021, by three per cent; (c) In calendar year 2022, by one and three-quarters per cent; (d) In calendar year 2023, by one and three-quarters per cent; (e) In calendar year 2024, by one and three-quarters per cent; (f) In calendar year 2025, by one and three-quarters per cent; (g) In calendar year 2026, by one and three-quarters per cent; (h) In calendar year 2027, by one and three-quarters per cent; (i) In calendar year 2028, by one and three-quarters per cent. (C) As used in this section, "finance committee" means the finance committee of the senate and the finance committee of the house of representatives.
Sec. 117.12. (A) Any certified public accountant engaged to perform an audit pursuant to division (C) of section 117.11 or section 117.56 of the Revised Code shall conduct the audit pursuant to the standards, procedures, and guidelines of the auditor of state for such audits. The auditor of state shall establish these standards, procedures, and guidelines by rule. The audit shall cover the period beginning with the termination date of the most recent audit conducted under this section or under section 117.11 of the Revised Code, and ending on the date specified by the auditor of state. The accountant shall inquire into the methods, accuracy, and legality of the accounts, records, files, and reports of the public office and shall note whether, in the accountant's opinion, the laws, rules, ordinances, and orders pertaining to the public office have been complied with.
(B) The certified public accountant shall have no authority to make formal findings of illegality, malfeasance, or gross neglect under this section or section 117.23 of the Revised Code.
Sec. 117.56. During the course of an audit, including a performance audit, of the department of transportation, the auditor of state, and any independent accountants or consultants necessary to carry out the statutory responsibilities of the auditor of state, may access any system the department uses or maintains. The director of transportation and employees of the department shall assist the auditor of state with accessing the department's systems. The auditor of state, and independent accountants and consultants retained by the auditor of state, shall comply with all state and federal privacy and confidentiality laws that apply to the content of the systems the auditor of state accesses.
Sec. 154.01. As used in this chapter:
(A) "Commission" means the Ohio public facilities commission created in section 151.02 of
the Revised Code. (B) "Obligations" means bonds, notes, or other evidences of obligation, including interest
coupons pertaining thereto, issued pursuant to Chapter 154. of the Revised Code. (C) "Bond proceedings" means the order or orders, resolution or resolutions, trust agreement,
indenture, lease, and other agreements, amendments and supplements to the foregoing, or any
combination thereof, authorizing or providing for the terms and conditions applicable to, or providing for the security of, obligations issued pursuant to Chapter 154. of the Revised Code, and the provisions contained in such obligations.
(D) "State agencies" means the state of Ohio and officers, boards, commissions, departments, divisions, or other units or agencies of the state. (E) "Governmental agency" means state agencies, state supported and assisted institutions of higher education, municipal corporations, counties, townships, school districts, and any other political subdivision or special district in this state established pursuant to law, and, except where otherwise indicated, also means the United States or any department, division, or agency thereof, and any agency, commission, or authority established pursuant to an interstate compact or agreement.
(F) "Institutions of higher education" and "state supported or state assisted institutions of higher education" means the state universities identified in section 3345.011 of the Revised Code, the northeast Ohio medical university, state universities or colleges at any time created, community college districts, university branch districts, and technical college districts at any time established or operating under Chapter 3354., 3355., or 3357. of the Revised Code, and other institutions for education, including technical education, beyond the high school, receiving state support or assistance for their expenses of operation.
(G) "Governing body" means: (1) In the case of institutions of higher education, the board of trustees, board of directors, commission, or other body vested by law with the general management, conduct, and control of one or more institutions of higher education; (2) In the case of a county, the board of county commissioners or other legislative body; in the case of a municipal corporation, the council or other legislative body; in the case of a township, the board of township trustees; in the case of a school district, the board of education; (3) In the case of any other governmental agency, the officer, board, commission, authority or other body having the general management thereof or having jurisdiction or authority in the particular circumstances. (H) "Person" means any person, firm, partnership, association, or corporation. (I) "Bond service charges" means principal, including mandatory sinking fund requirements for retirement of obligations, and interest, and redemption premium, if any, required to be paid by the state on obligations. If not prohibited by the applicable bond proceedings, bond service charges may include costs relating to credit enhancement facilities that are related to and represent, or are intended to provide a source of payment of or limitation on, other bond service charges.
(J) "Capital facilities" means buildings, structures, and other improvements, and equipment, real estate, and interests in real estate therefor, within the state, and any one, part of, or combination of the foregoing, to serve the general purposes for which the issuing authority is authorized to issue obligations pursuant to Chapter 154. of the Revised Code, including, but not limited to, highways, drives, roadways, parking facilities, walks, lighting, machinery, furnishings, utilities, landscaping, wharves, docks, piers, reservoirs, dams, tunnels, bridges, retaining walls, riprap, culverts, ditches, channels, watercourses, retention basins, standpipes and water storage facilities, waste treatment and disposal facilities, heating, air conditioning and communications facilities, inns, lodges, cabins, camping sites, golf courses, boat and bathing facilities, athletic and recreational facilities, and site improvements.
(K) "Costs of capital facilities" means the costs of acquiring, constructing, reconstructing, rehabilitating, remodeling, renovating, enlarging, improving, equipping, or furnishing capital facilities, and the financing thereof, including the cost of clearance and preparation of the site and of any land to be used in connection with capital facilities, the cost of any indemnity and surety bonds and premiums on insurance, all related direct administrative expenses and allocable portions of direct costs of the commission or issuing authority and department of administrative services, or other designees of the commission under section 154.17 of the Revised Code, cost of engineering and architectural services, designs, plans, specifications, surveys, and estimates of cost, legal fees, fees and expenses of trustees, depositories, and paying agents for the obligations, cost of issuance of the obligations and financing charges and fees and expenses of financial advisers and consultants in connection therewith, interest on obligations, including but not limited to, interest from the date of their issuance to the time when interest is to be covered from sources other than proceeds of obligations, amounts necessary to establish reserves as required by the bond proceedings, costs of audits, the reimbursement of all moneys advanced or applied by or borrowed from any governmental agency, whether to or by the commission or others, from whatever source provided, for the payment of any item or items of cost of the capital facilities, any share of the cost undertaken by the commission pursuant to arrangements made with governmental agencies under division (H) of section 154.06 of the Revised Code, and all other expenses necessary or incident to planning or determining feasibility or practicability with respect to capital facilities, and such other expenses as may be necessary or incident to the acquisition, construction, reconstruction, rehabilitation, remodeling, renovation, enlargement, improvement, equipment, and furnishing of capital facilities, the financing thereof and the placing of the same in use and operation, including any one, part of, or combination of such classes of costs and expenses.
(L) "Public service facilities" means inns, lodges, hotels, cabins, camping sites, scenic trails,
picnic sites, restaurants, commissaries, golf courses, boating and bathing facilities and other similar
facilities in state parks. (M) "State parks" means: (1) State reservoirs described and identified in section 1546.11 of the Revised Code; (2) All lands or interests therein of the state identified as administered by the division of
parks and watercraft in the "inventory of state owned lands administered by the department of
natural resources as of June 1, 1963," as recorded in the journal of the director, which inventory was
prepared by the real estate section of the department and is supported by maps now on file in said
real estate section;
(3) All lands or interests in lands of the state designated after June 1, 1963, as state parks in the journal of the director with the approval of the director of natural resources.
State parks do not include any lands or interest in lands of the state administered jointly by two or more divisions of the department of natural resources. The designation of lands as state parks under divisions (M)(1) to (3) of this section is conclusive and such lands shall be under the control of and administered by the division of parks and watercraft. No order or proceeding designating lands as state parks or park purchase areas is subject to any appeal or review by any officer, board, commission, or court.
(N) "Bond service fund" means the applicable fund created for and pledged to the payment of bond service charges under section 154.20, 154.21, 154.22, or 154.23 of the Revised Code, including all moneys and investments, and earnings from investments, credited and to be credited thereto.
(O) "Improvement fund" means the applicable fund created for the payment of costs of capital facilities under section 123.201, 154.20, 154.21, or 154.22 of the Revised Code, including all moneys and investments, and earnings from investments, credited and to be credited thereto.
(P) "Special funds" or "funds" means, except where the context does not permit, the bond service funds, the improvements funds, and any other funds for similar or different purposes created under bond proceedings, including all moneys and investments, and earnings from investments, credited and to be credited thereto.
(Q) "Year" unless the context indicates a different meaning or intent, means a calendar year beginning on the first day of January and ending on the thirty-first day of December. (R) "Fiscal year" means the period of twelve months beginning on the first day of July and ending on the thirtieth day of June. (S) "Issuing authority" means the treasurer of state or the officer or employee who by law performs the functions of that office. (T) "Credit enhancement facilities" has the same meaning as in section 133.01 of the Revised Code. (U) "Ohio cultural facility" and "Ohio sports facility" have the same meanings as in section 123.28 of the Revised Code.
Sec. 306.30. As (A) Except as provided in division (B) of this section and as used in sections 306.30 to $306.53_{\mathrm{\bar{9}}}$ inclusive, of the Revised Code, "transit facility" means any:
$\mathrm{\Delta\phi{\left(\mathrm{H}\right)}}$ Street railway, motor bus, tramline, subway, monorail, rapid transit vehicle, aeroplane, helicopter, ferry, or other ground or water transportation system having as its primary purpose the regularly scheduled mass movement of passengers between locations within the territorial boundaries of a regional transit authority, including all right-of-wayrights-of-way, power lines, rolling stock, equipment, machinery, terminals, buildings, administration and maintenance and repair facilities, and supporting parking facilities, and franchise rights attendant thereto, but excluding therefrom trucks and facilities designed for use in the movement of property by truck;
(B)(2) Docks, wharves, warehouses, piers, and other port, terminal, or transportation facilities and marinas;
$\mathrm{\textleftarrow\textpartial}\Omega$ Facilities used, available for use, or designed for use to aid in the safe taking off or landing of aircraft, for the safety, storage, and maintenance of aircraft, for the comfort and accommodation of users of air transportation, including persons, property, and mail, or for the safe and efficient operation and maintenance of an airport; and buildings and facilities as are reasonably necessary for the comfort and accommodation of the users of transit facilities; or
(D)(4) Any combination of the foregoing.
(B) In a county with a population between one million two hundred thousand and one million three hundred thousand according the most recent federal decennial census, as used in sections 306.30 to 306.53 of the Revised Code, "transit facility" means any:
(1) Street railway, motor bus, tramline, subway, monorail, paratransit vehicle, rapid transit vehicle, railcar, aeroplane, helicopter, ferry, or other ground or water transportation system having as its primary purpose either the regularly scheduled mass movement of passengers or the corresponding paratransit service between locations within the territorial boundaries of a regional transit authority, including all rights-of-way, routes, transit zones, bus lanes, bus layover areas, bus loops, transit centers, bus shelters, bus stops, rail stations, rail lines, power lines, rolling stock, equipment, machinery, terminals, buildings, administration and maintenance and repair facilities, vehicles for maintenance and support, and supporting parking facilities, and franchise rights attendant thereto, but excluding therefrom trucks and facilities designed for use in the movement of property by truck;
(2) Docks, wharves, warehouses, piers, and other port, terminal, or transportation facilities and marinas; (3) Facilities used, available for use, or designed for use to aid in the safe taking off or landing of aircraft, for the safety, storage, and maintenance of aircraft, for the comfort and accommodation of users of air transportation, including persons, property, and mail, or for the safe and efficient operation and maintenance of an airport; and buildings and facilities as are reasonably necessary for the comfort and accommodation of the users of transit facilities;
(4) Any combination of the foregoing.
Sec. 306.35. Upon the creation of a regional transit authority as provided by section 306.32 of the Revised Code, and upon the qualifying of its board of trustees and the election of a president and a vice-president, the authority shall exercise in its own name all the rights, powers, and duties vested in and conferred upon it by sections 306.30 to 306.53 of the Revised Code. Subject to any reservations, limitations, and qualifications that are set forth in those sections, the regional transit authority:
(A) May sue or be sued in its corporate name;
(B) May make contracts in the exercise of the rights, powers, and duties conferred upon it;
(C) May adopt and at will alter a seal and use such seal by causing it to be impressed, affixed, reproduced, or otherwise used, but failure to affix the seal shall not affect the validity of any instrument;
(D)(1) May adopt, amend, and repeal bylaws for the administration of its affairs and rules for the control of the administration and operation of transit facilities under its jurisdiction, and for the exercise of all of its rights of ownership in those transit facilities;
(2) The regional transit authority also may adopt bylaws and rules for the following purposes: (a) To prohibit selling, giving away, or using any beer or intoxicating liquor on transit vehicles or transit property; (b) For the preservation of good order within or on transit vehicles or transit property; (c) To provide for the protection and preservation of all property and life within or on transit hicles or transit property; (d) To regulate and enforce the collection of fares. (3) Before a bylaw or rule adopted under division (D)(2) of this section takes effect, the regional transit authority shall provide for a notice of its adoption to be published once a week for two consecutive weeks in a newspaper of general circulation within the territorial boundaries of the regional transit authority, or as provided in section 7.16 of the Revised Code. (4) No person shall violate any bylaw or rule of a regional transit authority adopted under division (D)(2) of this section. (E) May fix, alter, and collect fares, rates, and rentals and other charges for the use of transit facilities under its jurisdiction to be determined exclusively by it for the purpose of providing for the payment of the expenses of the regional transit authority, the acquisition, construction, improvement, extension, repair, maintenance, and operation of transit facilities under its jurisdiction, the payment of principal and interest on its obligations, and to fulfill the terms of any agreements made with purchasers or holders of any such obligations, or with any person or political subdivision;
(F) Shall have jurisdiction, control, possession, and supervision of all property, rights, easements, licenses, moneys, contracts, accounts, liens, books, records, maps, or other property rights and interests conveyed, delivered, transferred, or assigned to it;
(G)(1) Except as provided in division (G)(2) of this section, may acquire, construct, improve, extend, repair, lease, operate, maintain, or manage transit facilities within or without its territorial boundaries, considered necessary to accomplish the purposes of its organization and make charges for the use of transit facilities.
(2) Beginning on July 1, 2011, a regional transit authority shall not extend its service or facilities into a political subdivision outside the territorial boundaries of the authority without giving prior notice to the legislative authority of the political subdivision. The legislative authority shall have thirty days after receiving the notice to comment on the proposal.
(H) May levy and collect taxes as provided in sections 306.40 and 306.49 of the Revised
Code;
(I) May issue bonds secured by its general credit as provided in section 306.40 of the evised Code;
(J) May hold, encumber, control, acquire by donation, by purchase for cash or by installment payments, by lease-purchase agreement, by lease with option to purchase, by borrowing from any federal, state, or other governmental or private source, or by condemnation, and may construct, own, lease as lessee or lessor, use, and sell, real and personal property, or any interest or right in real and personal property, within or without its territorial boundaries, for the location or protection of transit facilities and improvements and access to transit facilities and improvements, the relocation of buildings, structures, and improvements situated on lands acquired by the regional transit authority, or for any other necessary purpose, or for obtaining or storing materials to be used in constructing, maintaining, and improving transit facilities under its jurisdiction;
(K) May exercise the power of eminent domain to acquire property or any interest in property, within or without its territorial boundaries, that is necessary or proper for the construction or efficient operation of any transit facility or access to any transit facility under its jurisdiction in accordance with section 306.36 of the Revised Code;
(L) May provide by agreement with any county, including the counties within its territorial boundaries, or any municipal corporation or any combination of counties or municipal corporations for the making of necessary surveys, appraisals, and examinations preliminary to the acquisition or construction of any transit facility and the amount of the expense for the surveys, appraisals, and examinations to be paid by each such county or municipal corporation;
(M) May provide by agreement with any county, including the counties within its territorial boundaries, or any municipal corporation or any combination of those counties or municipal corporations for the acquisition, construction, improvement, extension, maintenance, or operation of any transit facility owned or to be owned and operated by it or owned or to be owned and operated by any such county or municipal corporation and the terms on which it shall be acquired, leased, constructed, maintained, or operated, and the amount of the cost and expense of the acquisition, lease, construction, maintenance, or operation to be paid by each such county or municipal corporation;
(N) May issue revenue bonds for the purpose of acquiring, replacing, improving, extending, enlarging, or constructing any facility or permanent improvement that it is authorized to acquire, replace, improve, extend, enlarge, or construct, including all costs in connection with and incidental to the acquisition, replacement, improvement, extension, enlargement, or construction, and their financing, as provided by section 306.37 of the Revised Code;
(O) May enter into and supervise franchise agreements for the operation of a transit system; (P) May accept the assignment of and supervise an existing franchise agreement for the operation of a transit system; (Q) May exercise a right to purchase a transit system in accordance with the acquisition terms of an existing franchise agreement; and in connection with the purchase the regional transit authority may issue revenue bonds as provided by section 306.37 of the Revised Code or issue bonds secured by its general credit as provided in section 306.40 of the Revised Code;
(R) May apply for and accept grants or loans from the United States, the state, or any other public or any private source for the purpose of providing for the development or improvement of transit facilities, mass transportation facilities, equipment, techniques, methods, or services, and grants or loans needed to exercise a right to purchase a transit system pursuant to agreement with the owner of those transit facilities, or for providing lawful financial assistance to existing transit systems; and may provide any consideration that may be required in order to obtain those grants or loans from the United States, the state, or other public or private source, either of which grants or loans may be evidenced by the issuance of revenue bonds as provided by section 306.37 of the Revised Code or general obligation bonds as provided by section 306.40 of the Revised Code;
(S) May employ and fix the compensation of consulting engineers, superintendents,
managers, and such other engineering, construction, accounting and financial experts, attorneys, and
other employees and agents necessary for the accomplishment of its purposes; (T) May procure insurance against loss to it by reason of damages to its properties resulting
from fire, theft, accident, or other casualties or by reason of its liability for any damages to persons
or property occurring in the construction or operation of transit facilities under its jurisdiction or the
conduct of its activities; (U) May maintain funds that it considers necessary for the efficient performance of its
duties; (V) May direct its agents or employees, when properly identified in writing, after at least
five days' written notice, to enter upon lands within or without its territorial boundaries in order to
make surveys and examinations preliminary to the location and construction of transit facilities,
without liability to it or its agents or employees except for actual damage done; (W) On its own motion, may request the appropriate zoning board, as defined in section
4563.03 of the Revised Code, to establish and enforce zoning regulations pertaining to any transit
facility under its jurisdiction in the manner prescribed by sections 4563.01 to 4563.21 of the Revised
Code; (X) If it acquires any existing transit system, shall assume all the employer's obligations
under any existing labor contract between the employees and management of the system. If the
board acquires, constructs, controls, or operates any such facilities, it shall negotiate arrangements to
protect the interests of employees affected by the acquisition, construction, control, or operation.
The arrangements shall include, but are not limited to: (1) The preservation of rights, privileges, and benefits under existing collective bargaining
agreements or otherwise, the preservation of rights and benefits under any existing pension plans
covering prior service, and continued participation in social security in addition to participation in the public employees retirement system as required in Chapter 145. of the Revised Code;
(2) The continuation of collective bargaining rights;
(3) The protection of individual employees against a worsening of their positions with respect to their employment;
(4) Assurances of employment to employees of those transit systems and priority reemployment of employees terminated or laid off;
(5) Paid training or retraining programs;
(6) Signed written labor agreements.
The arrangements may include provisions for the submission of labor disputes to final and binding arbitration.
(Y) May provide for and maintain security operations, including a transit police department, subject to section 306.352 of the Revised Code. Regional transit authority police officers shall have the power and duty to act as peace officers within transit facilities owned, operated, or leased by the transit authority to protect the transit authority's property and the person and property of passengers, to preserve the peace, and to enforce all laws of the state and ordinances and regulations of political subdivisions in which the transit authority operates. Regional transit authority police officers also shall have the power and duty to act as peace officers when they render emergency assistance outside their jurisdiction to any other peace officer who is not a regional transit authority police officer and who has arrest authority under section 2935.03 of the Revised Code. Regional transit authority police officers may render emergency assistance if there is a threat of imminent physical danger to the peace officer, a threat of physical harm to another person, or any other serious emergency situation and if either the peace officer who is assisted requests emergency assistance or it appears that the peace officer who is assisted is unable to request emergency assistance and the circumstances observed by the regional transit authority police officer reasonably indicate that emergency assistance is appropriate.
Before exercising powers of arrest and the other powers and duties of a peace officer, each regional transit authority police officer shall take an oath and give bond to the state in a sum that the board of trustees prescribes for the proper performance of the officer's duties.
Persons employed as regional transit authority police officers shall complete training for the position to which they have been appointed as required by the Ohio peace officer training commission as authorized in section 109.77 of the Revised Code, or be otherwise qualified. The cost of the training shall be provided by the regional transit authority.
$(Z)$ May procure a policy or policies insuring members of its board of trustees against liability on account of damages or injury to persons and property resulting from any act or omission of a member in the member's official capacity as a member of the board or resulting solely out of the member's membership on the board;
(AA) May enter into any agreement for the sale and leaseback or lease and leaseback of transit facilities, which agreement may contain all necessary covenants for the security and protection of any lessor or the regional transit authority including, but not limited to, indemnification of the lessor against the loss of anticipated tax benefits arising from acts, omissions, or misrepresentations of the regional transit authority. In connection with that transaction, the regional transit authority may contract for insurance and letters of credit and pay any premiums or other charges for the insurance and letters of credit. The fiscal officer shall not be required to furnish any certificate under section 5705.41 of the Revised Code in connection with the execution of any such agreement.
(BB) In regard to any contract entered into on or after March 19, 1993, for the rendering of services or the supplying of materials or for the construction, demolition, alteration, repair, or reconstruction of transit facilities in which a bond is required for the faithful performance of the contract, may permit the person awarded the contract to utilize a letter of credit issued by a bank or other financial institution in lieu of the bond;
(CC) May enter into agreements with municipal corporations located within the territorial jurisdiction of the regional transit authority permitting regional transit authority police officers employed under division (Y) of this section to exercise full arrest powers, as provided in section 2935.03 of the Revised Code, for the purpose of preserving the peace and enforcing all laws of the state and ordinances and regulations of the municipal corporation within the areas that may be agreed to by the regional transit authority and the municipal corporation.
(DD) If it has a centralized transfer transportation hub with six or more service routes and is located in a county with a population between five hundred thirty-five thousand and five hundred forty thousand, according to the most recent decennial census, shall enter into and maintain a contract with one or more local law enforcement entities to enforce laws and ensure safety at or in the vicinity of the hub.
Sec. 306.43. (A) The board of trustees of a regional transit authority or any officer or employee designated by such board may make any contract for the purchase of goods or services, the cost of which does not exceed one hundred thousand dollars. When an expenditure, other than for the acquisition of real estate, the discharge of claims, or the acquisition of goods or services under the circumstances described in division (H) of this section, is expected to exceed one hundred thousand dollars, such expenditure shall be made through full and open competition by the use of competitive procedures. The regional transit authority shall use the competitive procedure, as set forth in divisions (B), (C), (D), and (E) of this section, that is most appropriate under the circumstances of the procurement.
(B) Competitive sealed bidding is the preferred method of procurement and a regional transit authority shall use that method if all of the following conditions exist:
(1) A clear, complete, and adequate description of the goods, services, or work is available;
(2) Time permits the solicitation, submission, and evaluation of sealed bids;
(3) The award will be made on the basis of price and other price-related factors;
(4) It is not necessary to conduct discussions with responding offerors about their bids;
(5) There is a reasonable expectation of receiving more than one sealed bid.
A regional transit authority shall publish a notice calling for bids once a week for no less than two consecutive weeks in a newspaper of general circulation within the territorial boundaries of the regional transit authority, or as provided in section 7.16 of the Revised Code. A regional transit authority may require that a bidder for any contract other than a construction contract provide a bid guaranty in the form, quality, and amount considered appropriate by the regional transit authority. The board may let the contract to the lowest responsive and responsible bidder. Where fewer than two responsive bids are received, a regional transit authority may negotiate price with the sole responsive bidder or may rescind the solicitation and procure under division (H)(2) of this section.
(C) A regional transit authority may use two-step competitive bidding, consisting of a technical proposal and a separate, subsequent sealed price bid from those submitting acceptable technical proposals, if both of the following conditions exist:
(1) A clear, complete, and adequate description of the goods, services, or work is not available, but definite criteria exist for the evaluation of technical proposals; (2) It is necessary to conduct discussions with responding offerors.
A regional transit authority shall publish a notice calling for technical proposals once a week for no less than two consecutive weeks in a newspaper of general circulation within the territorial boundaries of the regional transit authority, or as provided in section 7.16 of the Revised Code. A regional transit authority may require a bid guaranty in the form, quality, and amount the regional transit authority considers appropriate. The board may let the contract to the lowest responsive and responsible bidder. Where fewer than two responsive and responsible bids are received, a regional transit authority may negotiate price with the sole responsive and responsible bidder or may rescind the solicitation and procure under division (H)(2) of this section.
(D) A regional transit authority shall make a procurement by competitive proposals if competitive sealed bidding or two-step competitive bidding is not appropriate.
A regional transit authority shall publish a notice calling for proposals once a week for no less than two consecutive weeks in a newspaper of general circulation within the territorial boundaries of the regional transit authority, or as provided in section 7.16 of the Revised Code. A regional transit authority may require a proposal guaranty in the form, quality, and amount considered appropriate by the regional transit authority. The board may let the contract to the proposer making the offer considered most advantageous to the authority. Where fewer than two competent proposals are received, a regional transit authority may negotiate price and terms with the sole proposer or may rescind the solicitation and procure under division (H)(2) of this section.
(E)(1) A regional transit authority shall procure the services of an architect or engineer in the manner prescribed by the "Federal Mass Transportation Act of 1987," Public Law No. 100-17, section 316, 101 Stat. 227, 232-234, 49 U.S.C.A. app. 1608 and the services of a construction manager in the manner prescribed by sections 9.33 to 9.332 of the Revised Code.
(2) A regional transit authority may procure revenue rolling stock in the manner prescribed by division (B), (C), or (D) of this section.
(3) All contracts for construction in excess of one hundred thousand dollars shall be made only after the regional transit authority has published a notice calling for bids once a week for two consecutive weeks in a newspaper of general circulation within the territorial boundaries of the regional transit authority, or as provided in section 7.16 of the Revised Code. The board may award a contract to the lowest responsive and responsible bidder. Where only one responsive and responsible bid is received, the regional transit authority may negotiate price with the sole responsive bidder or may rescind the solicitation. The regional transit authority shall award construction contracts in accordance with sections 153.12 to 153.14 and 153.54 of the Revised Code. Divisions (B) and (C) of this section shall not apply to the award of contracts for construction.
(F)(F)(1) As used in division (F)(2) of this section, "simplified acquisition threshold" means the amount set forth in 41 U.S.C. 134.
(2) The board may adopt a policy on whether board approval is required to enter into a contract involving expenditures below the simplified acquisition threshold. The board shall approve all contracts involving expenditures at or above the simplified acquisition threshold.
(3) All contracts involving expenditures in excess of one hundred thousand dollars the amount for which board approval is required shall be in writing and shall be accompanied by or shall refer to plans and specifications for the work to be done. The plans and specifications shall at all times be made and considered part of the contract. For all contracts other than construction contracts, a regional transit authority may require performance, payment, or maintenance guaranties or any combination of such guaranties in the form, quality, and amount it considers appropriate. The contract shall be approved by the board and signed on behalf of the regional transit authority and by the contractor.
(G) In making a contract, a regional transit authority may give preference to goods produced in the United States in accordance with the Buy America requirements in the "Surface Transportation Assistance Act of 1982," Public Law No. 97-424, section 165, 96 Stat. 2097, 23 U.S.C.A. 101 note, as amended, and the rules adopted thereunder. The regional transit authority also may give preference to providers of goods produced in and services provided in labor surplus areas as defined by the United States department of labor in 41 U.S.C.A. 401 note, Executive Order No. 12073, August 16, 1978, 43 Fed. Reg. 36873, as amended.
(H) Competitive procedures under this section are not required in any of the following
circumstances: (1) The board of trustees of a regional transit authority, by a two-thirds affirmative vote of its
members, determines that a real and present emergency exists under any of the following conditions,
and the board enters its determination and the reasons for it in its proceedings: (a) Affecting safety, welfare, or the ability to deliver transportation services; (b) Arising out of an interruption of contracts essential to the provision of daily transit
services; (c) Involving actual physical damage to structures, supplies, equipment, or property.
(2) The purchase consists of goods or services, or any combination thereof, and after reasonable inquiry the board or any officer or employee the board designates finds that only one source of supply is reasonably available.
(3) The expenditure is for a renewal or renegotiation of a lease or license for telecommunications or electronic data processing equipment, services, or systems, or for the upgrade of such equipment, services, or systems, or for the maintenance thereof as supplied by the original source or its successors or assigns.
(4) The purchase of goods or services is made from another political subdivision, public agency, public transit system, regional transit authority, the state, or the federal government, or as a third-party beneficiary under a state or federal procurement contract, or as a participant in a department of administrative services contract under division (B) of section 125.04 of the Revised Code.
(5) The sale and leaseback or lease and leaseback of transit facilities is made as provided in division (AA) of section 306.35 of the Revised Code.
(6) The purchase substantially involves services of a personal, professional, highly technical, or scientific nature, including but not limited to the services of an attorney, physician, surveyor, appraiser, investigator, court reporter, adjuster, advertising consultant, or licensed broker, or involves the special skills or proprietary knowledge required for the servicing of specialized equipment owned by the regional transit authority.
(7) Services or supplies are available from a qualified nonprofit agency pursuant to sections 4115.31 to 4115.35 of the Revised Code.
(8) The purchase consists of the product or services of a public utility.
(9) The purchase is for the services of individuals with disabilities to work in the authority's commissaries or cafeterias, and those individuals are supplied by a nonprofit corporation or association whose purpose is to assist individuals with disabilities, whether or not that corporation or association is funded entirely or in part by the federal government, or the purchase is for services provided by a nonprofit corporation or association whose purpose is to assist individuals with disabilities, whether or not that corporation or association is funded entirely or in part by the federal government. For purposes of division (H)(9) of this section, "disability" has the same meaning as in section 4112.01 of the Revised Code.
(I) A regional transit authority may enter into blanket purchase agreements for purchases of
maintenance, operating, or repair goods or services where the item cost does not exceed five
hundred dollars and the annual expenditure does not exceed one hundred thousand dollars. (J) Nothing contained in this section prohibits a regional transit authority from participating
in intergovernmental cooperative purchasing arrangements. (K) Except as otherwise provided in this chapter, a regional transit authority shall make a
sale or other disposition of property through full and open competition. Except as provided in
division (L) of this section, all dispositions of personal property and all grants of real property for
terms exceeding five years shall be made by public auction or competitive procedure.
(L) The competitive procedures required by division (K) of this section are not required in any of the following circumstances:
(1) The grant is a component of a joint development between public and private entities and is intended to enhance or benefit public transit.
(2) The grant of a limited use or of a license affecting land is made to an owner of abutting real property.
(3) The grant of a limited use is made to a public utility.
(4) The grant or disposition is to a department of the federal or state government, to a political subdivision of the state, or to any other governmental entity.
(5) Used equipment is traded on the purchase of equipment and the value of the used equipment is a price-related factor in the basis for award for the purchase.
(6) The value of the personal property is such that competitive procedures are not appropriate and the property either is sold at its fair market value or is disposed of by gift to a nonprofit entity having the general welfare or education of the public as one of its principal objects.
(M) The board of trustees of a regional transit authority, when making a contract funded exclusively by state or local moneys or any combination thereof, shall make a good faith effort to use disadvantaged business enterprise participation to the same extent required under Section 105(f) of the "Surface Transportation Assistance Act of 1982," Public Law No. 97-424, 96 Stat. 2100, and Section 106(c) of the "Surface Transportation and Uniform Relocation Assistance Act of 1987," Public Law No. 100-17, 101 Stat. 145, and the rules adopted thereunder.
(N) As used in this section:
(1) "Goods" means all things, including specially manufactured goods, that are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities, and things in action. "Goods" also includes other identified things attached to realty as described in section 1302.03 of the Revised Code.
(2) "Services" means the furnishing of labor, time, or effort by a contractor, not involving the delivery of goods or reports other than goods or reports that are merely incidental to the required performance, including but not limited to insurance, bonding, or routine operation, routine repair, or routine maintenance of existing structures, buildings, real property, or equipment, but does not include employment agreements, collective bargaining agreements, or personal services.
(3) "Construction" means the process of building, altering, repairing, improving, painting, decorating, or demolishing any structure or building, or other improvements of any kind to any real property owned or leased by a regional transit authority.
(4) "Full and open competition" has the same meaning as in the "Office of Federal Procurement Policy Act," Public Law No. 98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403.
(5) A bidder is "responsive" if, applying the criteria of division (A) of section 9.312 of the
Revised Code, the bidder is "responsive" as described in that section.
(6) A bidder is "responsible" if, applying the criteria of division (B) of section 9.312 of the Revised Code and of the "Office of Federal Procurement Policy Act," Public Law No. 98-369, section 2731, 98 Stat. 1195 (1984), 41 U.S.C.A. 403, the bidder is "responsible" as described in those sections.
Sec. 717.02. (A) As used in this section: (1) "Energy conservation measure" means the construction of, installation or modification of
an installation in, or remodeling of, a new or existing building or infrastructure, to reduce energy
consumption. It includes: (a) Insulation of the building structure and of systems within the building; (b) Storm windows and doors, multiglazed windows and doors, heat-absorbing or heat
reflective glazed and coated window and door systems, additional glazing, reductions in glass area,
and other window and door system modifications that reduce energy consumption; (c) Automatic energy control systems; (d) Heating, ventilating, or air conditioning system modifications or replacements; (e) Caulking and weatherstripping; (f) Replacement or modification of lighting fixtures to increase the energy efficiency of the
system without increasing the overall illumination of a facility, unless such an increase in
illumination is necessary to conform to the applicable state or local building code for the proposed
lighting system; (g) Energy recovery systems; (h) Cogeneration systems that produce steam or forms of energy such as heat, as well as
electricity, for use primarily within a building or complex of buildings; (i) Acquiring, constructing, furnishing, equipping, improving the site of, or otherwise
improving a central utility plant to provide heating and cooling services to a building or building
infrastructure together with distribution piping and ancillary distribution controls, equipment, and
related facilities from the central utility plant to the building or building infrastructure; (j) Meter replacement, installation of an automatic meter reading system, or any other
construction, modification, installation, or remodeling of water, electric, gas, or any other
municipally supplied utility system; (k) Any other construction, modification, installation, or remodeling approved by the
legislative authority of the municipal corporation as an energy conservation measure. (2) "Infrastructure" includes, but is not limited to, a water, gas, or electric utility, renewable
energy system or technology, highway traffic control signal, or any other asset owned, operated, or
maintained by a municipal corporation. (B) For the purpose of evaluating buildings owned by a municipal corporation for energy
conservation measures, a legislative authority of a municipal corporation may contract with an
architect, professional engineer, energy services company, contractor, or other person experienced in
the design and implementation of energy conservation measures for an energy conservation report. The report shall include all of the following:
(1) Analyses of the energy needs of the buildings owned by that municipal corporation and recommendations for building installations, modifications of existing installations, or building remodeling that would significantly reduce energy consumption in the buildings; (2) Estimates of all costs of the recommended installations, modifications, or remodeling, including costs of design, engineering, installation, maintenance, and repair; (3) Estimates of the amounts by which energy consumption could be reduced; (4) The interest rate used to estimate the costs of any energy conservation measures that are to be financed by the municipal corporation; (5) The average system life of the energy conservation measures; (6) Estimates of the likely savings that will result from the reduction in energy consumption over the average system life of the energy conservation measures, including the methods used to estimate the savings; (7) A certification under the seal of a registered professional engineer that the energy conservation report uses reasonable methods of analysis and estimation. (C)(1) A municipal corporation desiring to implement energy conservation measures may proceed under any of the following methods: (a) Procure the energy conservation measures in any manner authorized by the municipal corporation's charter, ordinances, or any other existing authority; (b) Advertise for bids using a report or any part of an energy conservation report prepared under division (B) of this section, and, except as otherwise provided in this section, comply with competitive bidding requirements; (c) Notwithstanding any requirement in the Revised Code that requires competitive bidding or specifies bidding procedures, request proposals from at least three vendors for the implementation of energy conservation measures. A request for proposals shall require the vendor that is awarded a contract under division (C)(2)(b) of this section to prepare an energy conservation report in accordance with division (B) of this section.
Prior to sending any vendor a copy of any request for proposals, the legislative authority shall advertise its intent to request proposals for the installation of energy conservation measures in a newspaper of general circulation in the municipal corporation once a week for two consecutive weeks. The notice shall state that the legislative authority intends to request proposals for the installation of energy conservation measures, indicate the date on which the request for proposals will be mailed to vendors, which shall be at least ten days after the second publication in the newspaper, and state that any vendor interested in receiving the request for proposals shall submit written notice to the legislative authority not later than noon of the day on which the request for proposals is to be mailed.
(2)(a) Upon receiving bids under division (C)(1)(b) of this section, the legislative authority shall analyze them and select the lowest and best bid or bids most likely to result in the greatest energy savings considering the cost of the project and the legislative authority's ability to pay for the improvements with current revenues or by financing the improvements.
(b) Upon receiving proposals under division (C)(1)(c) of this section, the legislative authority shall analyze the proposals and the vendors' qualifications and select the most qualified vendor to prepare an energy conservation report in accordance with division (B) of this section. After receipt and review of the energy conservation report, the legislative authority may award a contract to the selected vendor to install the energy conservation measures that are most likely to result in the greatest energy savings considering the cost of the project and the legislative authority's ability to pay for the improvements with current revenues or by financing the improvements.
(c) The awarding of a contract to install energy conservation measures under division (C)(2) (a) or (b) of this section shall be conditioned upon a finding by the contracting authority that the amount of money spent on energy conservation measures is not likely to exceed the amount of money the municipal corporation would save in energy, operating, maintenance, and avoided capital costs over the average system life of the energy conservation measures as specified in the energy conservation report. In making such a finding, the contracting authority may take into account the increased costs due to inflation as shown in the energy conservation report. Nothing in this division prohibits a municipal corporation from rejecting all bids or proposals under division (C)(1)(b) or (c) of this section or from selecting more than one bid or proposal.
(D) The legislative authority of a municipal corporation may enter into an installment payment contract for the purchase and installation of energy conservation measures. Provisions of installment payment contracts that deal with interest charges and financing terms shall not be subject to competitive bidding requirements and shall be on the following terms:
(1) Not less than a specified percentage of the costs of the contract shall be paid within two years from the date of purchase, as determined and approved by the legislative authority of a municipal corporation.
(2) The remaining balance of the costs of the contract shall be paid within the lesser of the average system life of the energy conservation measures as specified in the energy conservation report or thirty years.
(E) The legislative authority of a municipal corporation may issue the notes of the municipal corporation specifying the terms of a purchase of energy conservation measures under this section and securing any deferred payments provided for in division $\mathrm{{\small{\Theta\in\partial{D}}}}$ of this section. The notes shall be payable at the times provided and bear interest at a rate not exceeding the rate determined as provided in section 9.95 of the Revised Code. The notes may contain an option for prepayment and shall not be subject to Chapter 133. of the Revised Code. Revenues derived from local taxes or otherwise, for the purpose of conserving energy or for defraying the current operating expenses of the municipal corporation, may be pledged and applied to the payment of interest and the retirement of the notes. The notes may be sold at private sale or given to the contractor under an installment payment contract authorized by division $\mathrm{{\small{\Theta\in\partial{D}}}}$ of this section.
(F) Debt incurred under this section shall not be included in the calculation of the net indebtedness of a municipal corporation under section 133.05 of the Revised Code.
Sec. 1548.061. (A) Notwithstanding any general requirement in this chapter to the effect that an application for a certificate of title to a watercraft or outboard motor shall be "sworn to" or shall be "sworn to before a notary public or other officer empowered to administer oaths," that requirement shall apply only in the case of a transfer of a watercraft or outboard motor between parties in the course of a sale by a person other than a registered watercraft dealer, as defined in section 1546.01 of the Revised Code, to a person who purchases the watercraft or outboard motor for use as a consumer.
(B)(1) Notwithstanding any provision of the Revised Code to the contrary that requires a document to be "sworn to before" or "signed in the presence of" a notary or other officer empowered to administer oaths, when a registered watercraft dealer is a party to the transfer of a watercraft or outboard motor, no notarization is required on any of the following as it relates to a watercraft or outboard motor:
(a) A certificate of title; (b) An assignment of ownership; (c) A power of attorney used for the purposes of titling; (d) Any document related to the titling that the dealer is required to provide to a clerk of a court of common pleas. (2) A clerk of courts may request a notarized affidavit to make corrections to the documents listed in division (B)(1) of this section, if necessary. (3) All documents provided to a clerk of courts under division (B) of this section may be signed electronically. Sec. 1548.062. (A)(1) Notwithstanding section 1337.06 of the Revised Code, a registered watercraft dealer, as defined in section 1546.01 of the Revised Code, involved in a title transfer, or the employee or agent of the registered watercraft dealer, may be granted power of attorney by the principal to become the principal's attorney in fact. (2) The power of attorney granted under division (A)(1) of this section may be used only when the granting instrument limits the power of the attorney in fact to act on the principal's behalf for either of the following: (a) Making an assignment of a certificate of title; (b) Completing an application for a certificate of title. (3) Such instrument shall state the following, as applicable, to which the grant of power applies: (a) A description of the watercraft, including the make, year, length, series or model, if any, body type, hull identification number or serial number, and make, manufacturer's serial number, and horsepower of any inboard motor;
(b) A description of the outboard motor, including the make, year, series or model, if any, manufacturer's serial number, and horsepower.
(B) The power of attorney is exempt from the requirements of notarization and verification as described in this chapter and in section 1337.25 of the Revised Code, and the documents may be signed electronically. This power of attorney shall be presented to the clerk of the court of common pleas when used to transfer title to a watercraft or outboard motor and shall be retained by the clerk in the same manner that a certificate of title is retained.
Sec. 2935.03. (A)(1) A sheriff, deputy sheriff, marshal, deputy marshal, municipal police officer, township constable, police officer of a township or joint police district, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code, state university law enforcement officer appointed under section 3345.04 of the Revised Code, veterans' home police officer appointed under section 5907.02 of the Revised Code, special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code, or a special police officer employed by a municipal corporation at a municipal airport, or other municipal air navigation facility, that has scheduled operations, as defined in section 119.3 of Title 14 of the Code of Federal Regulations, 14 C.F.R. 119.3, as amended, and that is required to be under a security program and is governed by aviation security rules of the transportation security administration of the United States department of transportation as provided in Parts 1542. and 1544. of Title 49 of the Code of Federal Regulations, as amended, shall arrest and detain, until a warrant can be obtained, a person found violating, within the limits of the political subdivision, metropolitan housing authority housing project, regional transit authority facilities or areas of a municipal corporation that have been agreed to by a regional transit authority and a municipal corporation located within its territorial police department's jurisdiction under Chapter 306. of the Revised Code, college, university, veterans' home operated under Chapter 5907. of the Revised Code, port authority, or municipal airport or other municipal air navigation facility, in which the peace officer is appointed, employed, or elected, a law of this state, an ordinance of a municipal corporation, or a resolution of a township.
(2) A peace officer of the department of natural resources, a state fire marshal law enforcement officer described in division (A)(23) of section 109.71 of the Revised Code, or an individual designated to perform law enforcement duties under section 511.232, 1545.13, or 6101.75 of the Revised Code shall arrest and detain, until a warrant can be obtained, a person found violating, within the limits of the peace officer's, state fire marshal law enforcement officer's, or individual's territorial jurisdiction, a law of this state.
(3) The house sergeant at arms, if the house sergeant at arms has arrest authority pursuant to division (E)(1) of section 101.311 of the Revised Code, and an assistant house sergeant at arms shall arrest and detain, until a warrant can be obtained, a person found violating, within the limits of the sergeant at arms's or assistant sergeant at arms's territorial jurisdiction specified in division (D)(1)(a)
of section 101.311 of the Revised Code or while providing security pursuant to division (D)(1)(f) of section 101.311 of the Revised Code, a law of this state, an ordinance of a municipal corporation, or a resolution of a township.
(4) The senate sergeant at arms and an assistant senate sergeant at arms shall arrest and detain, until a warrant can be obtained, a person found violating, within the limits of the sergeant at arms's or assistant sergeant at arms's territorial jurisdiction specified in division (B) of section 101.312 of the Revised Code, a law of this state, an ordinance of a municipal corporation, or a resolution of a township.
(B)(1) When there is reasonable ground to believe that an offense of violence, the offense of criminal child enticement as defined in section 2905.05 of the Revised Code, the offense of public indecency as defined in section 2907.09 of the Revised Code, the offense of domestic violence as defined in section 2919.25 of the Revised Code, the offense of violating a protection order as defined in section 2919.27 of the Revised Code, the offense of menacing by stalking as defined in section 2903.211 of the Revised Code, the offense of aggravated trespass as defined in section 2911.211 of the Revised Code, a theft offense as defined in section 2913.01 of the Revised Code, or a felony drug abuse offense as defined in section 2925.01 of the Revised Code, has been committed within the limits of the political subdivision, metropolitan housing authority housing project, regional transit authority facilities or those areas of a municipal corporation that have been agreed to by a regional transit authority and a municipal corporation located within its territorial police department's jurisdiction under Chapter 306. of the Revised Code, college, university, veterans' home operated under Chapter 5907. of the Revised Code, port authority, or municipal airport or other municipal air navigation facility, in which the peace officer is appointed, employed, or elected or within the limits of the territorial jurisdiction of the peace officer, a peace officer described in division (A) of this section may arrest and detain until a warrant can be obtained any person who the peace officer has reasonable cause to believe is guilty of the violation.
(2) For purposes of division (B)(1) of this section, the execution of any of the following constitutes reasonable ground to believe that the offense alleged in the statement was committed and reasonable cause to believe that the person alleged in the statement to have committed the offense is guilty of the violation:
(a) A written statement by a person alleging that an alleged offender has committed the offense of menacing by stalking or aggravated trespass;
(b) A written statement by the administrator of the interstate compact on mental health appointed under section 5119.71 of the Revised Code alleging that a person who had been hospitalized, institutionalized, or confined in any facility under an order made pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code has escaped from the facility, from confinement in a vehicle for transportation to or from the facility, or from supervision by an employee of the facility that is incidental to hospitalization, institutionalization, or confinement in the facility and that occurs outside of the facility, in violation of section 2921.34 of the Revised Code;
(c) A written statement by the administrator of any facility in which a person has been hospitalized, institutionalized, or confined under an order made pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code alleging that the person has escaped from the facility, from confinement in a vehicle for transportation to or from the facility, or from supervision by an employee of the facility that is incidental to hospitalization, institutionalization, or confinement in the facility and that occurs outside of the facility, in violation of section 2921.34 of the Revised Code.
(3)(a) For purposes of division (B)(1) of this section, a peace officer described in division (A) of this section has reasonable grounds to believe that the offense of domestic violence or the offense of violating a protection order has been committed and reasonable cause to believe that a particular person is guilty of committing the offense if any of the following occurs:
(i) A person executes a written statement alleging that the person in question has committed the offense of domestic violence or the offense of violating a protection order against the person who executes the statement or against a child of the person who executes the statement.
(ii) No written statement of the type described in division (B)(3)(a)(i) of this section is executed, but the peace officer, based upon the peace officer's own knowledge and observation of the facts and circumstances of the alleged incident of the offense of domestic violence or the alleged incident of the offense of violating a protection order or based upon any other information, including, but not limited to, any reasonably trustworthy information given to the peace officer by the alleged victim of the alleged incident of the offense or any witness of the alleged incident of the offense, concludes that there are reasonable grounds to believe that the offense of domestic violence or the offense of violating a protection order has been committed and reasonable cause to believe that the person in question is guilty of committing the offense.
(iii) No written statement of the type described in division (B)(3)(a)(i) of this section is executed, but the peace officer witnessed the person in question commit the offense of domestic violence or the offense of violating a protection order.
(b) If pursuant to division (B)(3)(a) of this section a peace officer has reasonable grounds to believe that the offense of domestic violence or the offense of violating a protection order has been committed and reasonable cause to believe that a particular person is guilty of committing the offense, it is the preferred course of action in this state that the officer arrest and detain that person pursuant to division (B)(1) of this section until a warrant can be obtained.
If pursuant to division (B)(3)(a) of this section a peace officer has reasonable grounds to believe that the offense of domestic violence or the offense of violating a protection order has been committed and reasonable cause to believe that family or household members have committed the offense against each other, it is the preferred course of action in this state that the officer, pursuant to division (B)(1) of this section, arrest and detain until a warrant can be obtained the family or household member who committed the offense and whom the officer has reasonable cause to believe is the primary physical aggressor. There is no preferred course of action in this state regarding any other family or household member who committed the offense and whom the officer does not have reasonable cause to believe is the primary physical aggressor, but, pursuant to division (B)(1) of this section, the peace officer may arrest and detain until a warrant can be obtained any other family or household member who committed the offense and whom the officer does not have reasonable cause to believe is the primary physical aggressor.
(c) If a peace officer described in division (A) of this section does not arrest and detain a person whom the officer has reasonable cause to believe committed the offense of domestic violence or the offense of violating a protection order when it is the preferred course of action in this state pursuant to division (B)(3)(b) of this section that the officer arrest that person, the officer shall articulate in the written report of the incident required by section 2935.032 of the Revised Code a clear statement of the officer's reasons for not arresting and detaining that person until a warrant can be obtained.
(d) In determining for purposes of division (B)(3)(b) of this section which family or household member is the primary physical aggressor in a situation in which family or household members have committed the offense of domestic violence or the offense of violating a protection order against each other, a peace officer described in division (A) of this section, in addition to any other relevant circumstances, should consider all of the following:
(i) Any history of domestic violence or of any other violent acts by either person involved in the alleged offense that the officer reasonably can ascertain; (ii) If violence is alleged, whether the alleged violence was caused by a person acting in selfdefense; (iii) Each person's fear of physical harm, if any, resulting from the other person's threatened use of force against any person or resulting from the other person's use or history of the use of force against any person, and the reasonableness of that fear; (iv) The comparative severity of any injuries suffered by the persons involved in the alleged offense. (e)(i) A peace officer described in division (A) of this section shall not require, as a prerequisite to arresting or charging a person who has committed the offense of domestic violence or the offense of violating a protection order, that the victim of the offense specifically consent to the filing of charges against the person who has committed the offense or sign a complaint against the person who has committed the offense.
(ii) If a person is arrested for or charged with committing the offense of domestic violence or the offense of violating a protection order and if the victim of the offense does not cooperate with the involved law enforcement or prosecuting authorities in the prosecution of the offense or, subsequent to the arrest or the filing of the charges, informs the involved law enforcement or prosecuting authorities that the victim does not wish the prosecution of the offense to continue or wishes to drop charges against the alleged offender relative to the offense, the involved prosecuting authorities, in determining whether to continue with the prosecution of the offense or whether to dismiss charges against the alleged offender relative to the offense and notwithstanding the victim's failure to cooperate or the victim's wishes, shall consider all facts and circumstances that are relevant to the offense, including, but not limited to, the statements and observations of the peace officers who responded to the incident that resulted in the arrest or filing of the charges and of all witnesses to that incident.
(f) In determining pursuant to divisions (B)(3)(a) to (g) of this section whether to arrest a person pursuant to division (B)(1) of this section, a peace officer described in division (A) of this section shall not consider as a factor any possible shortage of cell space at the detention facility to which the person will be taken subsequent to the person's arrest or any possibility that the person's arrest might cause, contribute to, or exacerbate overcrowding at that detention facility or at any other detention facility.
(g) If a peace officer described in division (A) of this section intends pursuant to divisions (B)(3)(a) to (g) of this section to arrest a person pursuant to division (B)(1) of this section and if the officer is unable to do so because the person is not present, the officer promptly shall seek a warrant for the arrest of the person.
(h) If a peace officer described in division (A) of this section responds to a report of an alleged incident of the offense of domestic violence or an alleged incident of the offense of violating a protection order and if the circumstances of the incident involved the use or threatened use of a deadly weapon or any person involved in the incident brandished a deadly weapon during or in relation to the incident, the deadly weapon that was used, threatened to be used, or brandished constitutes contraband, and, to the extent possible, the officer shall seize the deadly weapon as contraband pursuant to Chapter 2981. of the Revised Code. Upon the seizure of a deadly weapon pursuant to division (B)(3)(h) of this section, section 2981.12 of the Revised Code shall apply regarding the treatment and disposition of the deadly weapon. For purposes of that section, the "underlying criminal offense" that was the basis of the seizure of a deadly weapon under division (B)(3)(h) of this section and to which the deadly weapon had a relationship is any of the following that is applicable:
(i) The alleged incident of the offense of domestic violence or the alleged incident of the
offense of violating a protection order to which the officer who seized the deadly weapon responded; (ii) Any offense that arose out of the same facts and circumstances as the report of the
alleged incident of the offense of domestic violence or the alleged incident of the offense of
violating a protection order to which the officer who seized the deadly weapon responded. (4) If, in the circumstances described in divisions (B)(3)(a) to (g) of this section, a peace
officer described in division (A) of this section arrests and detains a person pursuant to division (B)
(1) of this section, or if, pursuant to division (B)(3)(h) of this section, a peace officer described in
division (A) of this section seizes a deadly weapon, the officer, to the extent described in and in
accordance with section 9.86 or 2744.03 of the Revised Code, is immune in any civil action for
damages for injury, death, or loss to person or property that arises from or is related to the arrest and detention or the seizure.
(C) When there is reasonable ground to believe that a violation of division (A)(1), (2), (3), (4), or (5) of section 4506.15 or a violation of section 4511.19 of the Revised Code has been committed by a person operating a motor vehicle subject to regulation by the public utilities commission of Ohio under Title XLIX of the Revised Code, a peace officer with authority to enforce that provision of law may stop or detain the person whom the officer has reasonable cause to believe was operating the motor vehicle in violation of the division or section and, after investigating the circumstances surrounding the operation of the vehicle, may arrest and detain the person.
(D) If a sheriff, deputy sheriff, marshal, deputy marshal, municipal police officer, member of a police force employed by a metropolitan housing authority under division (D) of section 3735.31 of the Revised Code, member of a police force employed by a regional transit authority under division (Y) of section 306.35 of the Revised Code, special police officer employed by a port authority under section 4582.04 or 4582.28 of the Revised Code, special police officer employed by a municipal corporation at a municipal airport or other municipal air navigation facility described in division (A) of this section, township constable, police officer of a township or joint police district, state university law enforcement officer appointed under section 3345.04 of the Revised Code, peace officer of the department of natural resources, individual designated to perform law enforcement duties under section 511.232, 1545.13, or 6101.75 of the Revised Code, the house sergeant at arms if the house sergeant at arms has arrest authority pursuant to division (E)(1) of section 101.311 of the Revised Code, or an assistant house sergeant at arms is authorized by division (A) or (B) of this section to arrest and detain, within the limits of the political subdivision, metropolitan housing authority housing project, regional transit authority facilities or those areas of a municipal corporation that have been agreed to by a regional transit authority and a municipal corporation located within its territorial police department's jurisdiction under Chapter 306. of the Revised Code, port authority, municipal airport or other municipal air navigation facility, college, or university in which the officer is appointed, employed, or elected or within the limits of the territorial jurisdiction of the peace officer, a person until a warrant can be obtained, the peace officer, outside the limits of that territory, may pursue, arrest, and detain that person until a warrant can be obtained if all of the following apply:
(1) The pursuit takes place without unreasonable delay after the offense is committed; (2) The pursuit is initiated within the limits of the political subdivision, metropolitan housing authority housing project, regional transit authority facilities or those areas of a municipal corporation that have been agreed to by a regional transit authority and a municipal corporation located within its territorial police department's jurisdiction under Chapter 306. of the Revised Code, port authority, municipal airport or other municipal air navigation facility, college, or university in which the peace officer is appointed, employed, or elected or within the limits of the territorial jurisdiction of the peace officer;
(3) The offense involved is a felony, a misdemeanor of the first degree or a substantially equivalent municipal ordinance, a misdemeanor of the second degree or a substantially equivalent municipal ordinance, or any offense for which points are chargeable pursuant to section 4510.036 of the Revised Code.
(E) In addition to the authority granted under division (A) or (B) of this section:
(1) A sheriff or deputy sheriff may arrest and detain, until a warrant can be obtained, any person found violating section 4503.11, 4503.21, or 4549.01, sections 4549.08 to 4549.12, section 4549.62, or Chapter 4511. or 4513. of the Revised Code on the portion of any street or highway that is located immediately adjacent to the boundaries of the county in which the sheriff or deputy sheriff is elected or appointed.
(2) A member of the police force of a township police district created under section 505.48 of the Revised Code, a member of the police force of a joint police district created under section 505.482 of the Revised Code, or a township constable appointed in accordance with section 509.01 of the Revised Code, who has received a certificate from the Ohio peace officer training commission under section 109.75 of the Revised Code, may arrest and detain, until a warrant can be obtained, any person found violating any section or chapter of the Revised Code listed in division (E)(1) of this section, other than sections 4513.33 and 4513.34 of the Revised Code, on the portion of any street or highway that is located immediately adjacent to the boundaries of the township police district or joint police district, in the case of a member of a township police district or joint police district police force, or the unincorporated territory of the township, in the case of a township constable. However, if the population of the township that created the township police district served by the member's police force, or the townships and municipal corporations that created the joint police district served by the member's police force, or the township that is served by the township constable, is sixty thousand or less, the member of the township police district or joint police district police force or the township constable may not make an arrest under division (E)(2) of this section on a state highway that is included as part of the interstate system.
(3) A police officer or village marshal appointed, elected, or employed by a municipal corporation may arrest and detain, until a warrant can be obtained, any person found violating any section or chapter of the Revised Code listed in division (E)(1) of this section on the portion of any street or highway that is located immediately adjacent to the boundaries of the municipal corporation in which the police officer or village marshal is appointed, elected, or employed.
(4) A peace officer of the department of natural resources, a state fire marshal law enforcement officer described in division (A)(23) of section 109.71 of the Revised Code, or an individual designated to perform law enforcement duties under section 511.232, 1545.13, or 6101.75 of the Revised Code may arrest and detain, until a warrant can be obtained, any person found violating any section or chapter of the Revised Code listed in division (E)(1) of this section, other than sections 4513.33 and 4513.34 of the Revised Code, on the portion of any street or highway that is located immediately adjacent to the boundaries of the lands and waters that constitute the territorial jurisdiction of the peace officer or state fire marshal law enforcement officer.
(F)(1) A department of mental health and addiction services special police officer or a department of developmental disabilities special police officer may arrest without a warrant and detain until a warrant can be obtained any person found committing on the premises of any institution under the jurisdiction of the particular department a misdemeanor under a law of the state.
A department of mental health and addiction services special police officer or a department of developmental disabilities special police officer may arrest without a warrant and detain until a warrant can be obtained any person who has been hospitalized, institutionalized, or confined in an institution under the jurisdiction of the particular department pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code and who is found committing on the premises of any institution under the jurisdiction of the particular department a violation of section 2921.34 of the Revised Code that involves an escape from the premises of the institution.
(2)(a) If a department of mental health and addiction services special police officer or a department of developmental disabilities special police officer finds any person who has been hospitalized, institutionalized, or confined in an institution under the jurisdiction of the particular department pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code committing a violation of section 2921.34 of the Revised Code that involves an escape from the premises of the institution, or if there is reasonable ground to believe that a violation of section 2921.34 of the Revised Code has been committed that involves an escape from the premises of an institution under the jurisdiction of the department of mental health and addiction services or the department of developmental disabilities and if a department of mental health and addiction services special police officer or a department of developmental disabilities special police officer has reasonable cause to believe that a particular person who has been hospitalized, institutionalized, or confined in the institution pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40, 2945.401, or 2945.402 of the Revised Code is guilty of the violation, the special police officer, outside of the premises of the institution, may pursue, arrest, and detain that person for that violation of section 2921.34 of the Revised Code, until a warrant can be obtained, if both of the following apply:
(i) The pursuit takes place without unreasonable delay after the offense is committed; (ii) The pursuit is initiated within the premises of the institution from which the violation of
section 2921.34 of the Revised Code occurred. (b) For purposes of division (F)(2)(a) of this section, the execution of a written statement by
the administrator of the institution in which a person had been hospitalized, institutionalized, or
confined pursuant to or under authority of section 2945.37, 2945.371, 2945.38, 2945.39, 2945.40,
2945.401, or 2945.402 of the Revised Code alleging that the person has escaped from the premises
of the institution in violation of section 2921.34 of the Revised Code constitutes reasonable ground
to believe that the violation was committed and reasonable cause to believe that the person alleged in
the statement to have committed the offense is guilty of the violation.
(G) As used in this section:
(1) A "department of mental health and addiction services special police officer" means a special police officer of the department of mental health and addiction services designated under section 5119.08 of the Revised Code who is certified by the Ohio peace officer training commission under section 109.77 of the Revised Code as having successfully completed an approved peace officer basic training program.
(2) A "department of developmental disabilities special police officer" means a special police officer of the department of developmental disabilities designated under section 5123.13 of the Revised Code who is certified by the Ohio peace officer training council under section 109.77 of the Revised Code as having successfully completed an approved peace officer basic training program.
(3) "Deadly weapon" has the same meaning as in section 2923.11 of the Revised Code. (4) "Family or household member" has the same meaning as in section 2919.25 of the Revised Code. (5) "Street" or "highway" has the same meaning as in section 4511.01 of the Revised Code. (6) "Interstate system" has the same meaning as in section 5516.01 of the Revised Code. (7) "Peace officer of the department of natural resources" means an employee of the department of natural resources who is a natural resources law enforcement staff officer designated pursuant to section 1501.013 of the Revised Code, a forest-fire investigator appointed pursuant to section 1503.09 of the Revised Code, a natural resources officer appointed pursuant to section 1501.24 of the Revised Code, or a wildlife officer designated pursuant to section 1531.13 of the Revised Code.
(8) "Portion of any street or highway" means all lanes of the street or highway irrespective of direction of travel, including designated turn lanes, and any berm, median, or shoulder.
Sec. 3503.11. (A)(1) When any person applies for a driver's license, commercial driver's license, a state of Ohio identification card issued under section 4507.50 of the Revised Code, or motorcycle operator's license or endorsement, or the renewal or duplicate of any license or endorsement under Chapter 4506. or 4507. of the Revised Code, and the person presents proof of United States citizenship to the registrar of motor vehicles or the deputy registrar or has previously presented proof of United States citizenship to the registrar or any deputy registrar, the registrar or deputy registrar shall offer the applicant the opportunity to register to vote or to update the applicant's voter registration by electronic means in conjunction with the person's transaction with the registrar or deputy registrar, in a manner prescribed by the secretary of state.
(2) When any person submits a notice of change of address to the registrar under division (C) of section 4507.09 of the Revised Code, the registrar shall offer the applicant the opportunity to submit a notice of change of address for voter registration purposes by electronic means in conjunction with the person's transaction with the registrar, in a manner prescribed by the secretary
of state.
(3) When a person registers to vote or updates the person's voter registration under division (A)(1) or (2) of this section, the registrar or deputy registrar shall electronically transmit the person's signature that is on file with the bureau of motor vehicles with the electronic record of the voter registration or update, and that signature shall be considered the person's signature on the voter registration or update and for all other election and signature-matching purposes.
(B) Within twenty-four hours after a person registers to vote or updates the person's voter registration under division (A) of this section, the registrar or deputy registrar shall transmit the electronic record of the voter registration or update to the secretary of state by electronic means in a manner prescribed by the secretary of state by rule. Rules adopted under this division shall do all of the following:
(1) Prohibit any direct electronic connection between the office of the registrar or a deputy registrar and the statewide voter registration database; (2) Require any voter registration information to be verified by the secretary of state or a board of elections before the information is added to the statewide voter registration database; (3) Require the registrar or deputy registrar to electronically date stamp each electronic record in a manner that does not disclose the identity of the office that receives the voter registration or update.
(C)(1) The registrar of motor vehicles and each deputy registrar also shall make available to all other customers paper voter registration applications and update forms, but are not required to offer assistance to customers in completing those forms. The bureau of motor vehicles shall supply all of its deputy registrars with a sufficient number of voter registration applications and update forms.
(2) Within five days after a person submits a completed paper voter registration application or update form to the registrar or a deputy registrar, the registrar or deputy registrar shall send the form to the board of elections of the county in which the office of the registrar or deputy registrar is located.
(D) The registrar shall collect from each deputy registrar through the reports filed under division (J) of section 4503.03 of the Revised Code and transmit to the secretary of state information on the number of voter registration applications and change of residence or change of name forms completed or declined, and any additional information required by the secretary of state to comply with the National Voter Registration Act of 1993. No information relating to an applicant's decision to decline to register or update the applicant's voter registration at the office of the registrar or deputy registrar may be used for any purpose other than voter registration record-keeping required by the secretary of state, and all such information shall be kept confidential.
Sec. 3704.14. (A)(1) If the director of environmental protection determines that implementation of a motor vehicle inspection and maintenance program is necessary for the state to effectively comply with the federal Clean Air Act after June 30, 2023, the director may provide for the implementation of the program in those counties in this state in which such a program is federally mandated. Upon making such a determination, the director of environmental protection may request the director of administrative services to extend the terms of the contract that was entered into under the authority of Am. Sub. H.B. 64 of the 131st general assembly. Upon receiving the request, the director of administrative services shall extend the contract, beginning on July 1, 2023, in accordance with this section. The contract shall be extended for a period of up to twentyfour months with the contractor who conducted the motor vehicle inspection and maintenance program under that contract.
(2) Prior to the expiration of the contract extension that is authorized by division (A)(1) of this section, the director of environmental protection shall request the director of administrative services to enter into a contract with a vendor to operate a decentralized motor vehicle inspection and maintenance program in each county in this state in which such a program is federally mandated through June 30, 2027, with an option for the state to renew the contract for a period of up to twentyfour months through June 30, 2029. The contract shall ensure that the decentralized motor vehicle inspection and maintenance program achieves at least the same emission reductions as achieved by the program operated under the authority of the contract that was extended under division (A)(1) of this section. The director of administrative services shall select a vendor through a competitive selection process in compliance with Chapter 125. of the Revised Code.
(3) Notwithstanding any law to the contrary, the director of administrative services shall ensure that a competitive selection process regarding a contract to operate a decentralized motor vehicle inspection and maintenance program in this state incorporates the following, which shall be included in the contract:
(a) For purposes of expanding the number of testing locations for consumer convenience, a requirement that the vendor utilize established local businesses, auto repair facilities, or leased properties to operate state-approved inspection and maintenance testing facilities;
(b) A requirement that the vendor selected to operate the program provide notification of the program's requirements to each owner of a motor vehicle that is required to be inspected under the program. The contract shall require the notification to be provided not later than sixty days prior to the date by which the owner of the motor vehicle is required to have the motor vehicle inspected. The director of environmental protection and the vendor shall jointly agree on the content of the notice. However, the notice shall include at a minimum the locations of all inspection facilities within a specified distance of the address that is listed on the owner's motor vehicle registration;
(c) A requirement that the vendor comply with testing methodology and supply the required equipment approved by the director of environmental protection as specified in the competitive selection process in compliance with Chapter 125. of the Revised Code.
(4) A decentralized motor vehicle inspection and maintenance program operated under this section shall comply with division (B) of this section. The director of environmental protection shall administer the decentralized motor vehicle inspection and maintenance program operated under this
section.
(B) The director shall establish a decentralized motor vehicle inspection and maintenance program as authorized by this section and, at a minimum, the director shall do ensure that the program does all of the following:
(1) Comply Complies with the federal Clean Air Act; (2) Provide Provides for the issuance of inspection certificates and alternative emissions certificates as specified in rules adopted under division (C)(2) of this section; (3) Provide Provides for a new car exemption for motor vehicles four six years old or newer and provide provides that a new motor vehicle is exempt for four six years regardless of whether legal title to the motor vehicle is transferred during that period; (4) Provide Provides for an exemption for battery electric motor vehicles; (5) Provides for an exemption for hybrid motor vehicles seven years old or newer and provides that a hybrid motor vehicle is exempt for seven years regardless of whether legal title to the motor vehicle is transferred during that period.
(C)(1) The director of environmental protection shall adopt rules in accordance with Chapter 119. of the Revised Code that the director determines are necessary to implement this section. The director may continue to implement and enforce rules pertaining to the motor vehicle inspection and maintenance program previously implemented under former section 3704.14 of the Revised Code as that section existed prior to its repeal and reenactment by Am. Sub. H.B. 66 of the 126th general assembly, provided that the rules do not conflict with this section.
(2) The director of environmental protection shall issue an inspection certificate provided for under division $\mathbf{\Gamma}\left(\mathbf{B}\right)\left(2\right)$ of this section in accordance with Chapter 4796. of the Revised Code to an applicant if either of the following applies:
(a) The individual holds a certificate or license in another state.
(b) The individual has satisfactory work experience, a government certification, or a private certification as described in that chapter as a vehicle inspector in a state that does not issue that certificate. The rules adopted under division (C)(1) of this section shall provide for the issuance of inspections certificates and alternative emissions certificates. Under the rules, an inspection certificate shall be issued to the owner or lessee of a motor vehicle when the motor vehicle passes an emissions inspection conducted in accordance with the motor vehicle inspection and maintenance program established under this section. In lieu of obtaining an inspection certificate, the rules shall establish a system by which the owner or lessee of a motor vehicle may request an alternative emissions certificate from the director.
(a) The rules providing for the issuance of alternative emissions certificates shall require an
owner or lessee of a motor vehicle to do the following in order to receive the certificate: (i) Complete and submit an attestation form created by the director that includes a statement
that reads substantially as follows: "I, , attest that, to the best of my knowledge, the motor vehicle concerning which I
am the owner or lessee complies with all laws of Ohio and the United States governing motor vehicle emissions. I, , am aware that a false statement on this form is not permitted."
(ii) Sign and date the form either manually or electronically; (iii) Submit the form to the director either by regular mail, certified mail, or electronically. (b) The rules shall require the director to include both of the following additional
information on the attestation form: (i) A provision that allows the owner or lessee of a motor vehicle to specify one of the
following methods by which the owner or lessee may request delivery of the alternative emissions
certificate: certified mail, noncertified mail, or electronically; (ii) A provision that allows the owner or lessee of a motor vehicle to specify the vehicle
identification number, make, model, and year of the relevant motor vehicle and the date the
attestation form is submitted to the director. (c) Subject to division (C)(2)(d) of this section, the rules shall require the director to deliver
an alternative emission certificate to the owner or lessee of a motor vehicle who complies with rules
adopted under division (C)(2)(a) of this section. The director shall deliver the certificate within thirty
business days after the director's receipt of the attestation form or, if the owner or lessee submits the
form electronically, within five business days after receipt of the form. The director shall confirm
the receipt of the attestation form if the director receives it by electronic means. (d) The rules shall require the director to reject an attestation form for any of the following
reasons: (i) The motor vehicle that is the subject of the attestation form was in an accident or collision
within the two years prior to the date of submission of the form, and the accident or collision caused
substantial damage to the internal structure of the motor vehicle. (ii) The owner or lessee of the motor vehicle that is the subject of the attestation form has
received a ticket, citation, or summons with regard to that motor vehicle within the two years prior
to the date of submission of the form for a violation of section 4513.22 of the Revised Code or
substantially equivalent municipal ordinance. (iii) The information in the attestation form is determined by the director to be false.
If the director rejects an attestation form under division (C)(2)(d)(iii) of this section, the director shall provide notice to the owner or lessee that the attestation form was determined to be false. The notice shall inform the owner or lessee that the owner or lessee may submit a corrected form to the director within thirty days of the receipt of the notice. If the owner or lessee submits a corrected attestation form that complies with rules adopted under division (C)(2) of this section within that thirty-day period, the director shall issue an alternative emissions certificate to the owner or lessee. If the owner or lessee fails to correct the attestation form, the director shall require the owner or lessee to complete an emissions inspection and obtain an inspection certificate in accordance with rules adopted under this section.
If the director rejects an attestation form under division (C)(2)(d)(i) or (ii) of this section, the director shall require the owner or lessee to complete an emissions inspection and obtain an inspection certificate in accordance with rules adopted under this section.
(e) In adopting rules under division (C)(2) of this section, the director shall ensure that the owner or lessee of a motor vehicle who falsifies an attestation form receives a notice that includes a statement that reads substantially as follows: "You have falsified an attestation form for your vehicle under the E-Check/motor vehicle emissions testing program. Your vehicle is registered in one of [insert the number of counties] counties in this state that has federal emission mandates imposed on it that the State of Ohio is required, under threat of penalty, to enforce. This letter serves as Ohio's only penalty for falsification of an attestation form. You have thirty days from the date of this notice to amend your attestation form and submit the amended form to the Environmental Protection Agency. However, if you choose not to submit an amended attestation form, you must have a motor vehicle emissions inspection conducted for your vehicle in accordance with section 3704.14 of the Revised Code and rules adopted under it."
(f) No penalties apply to a person who the director has determined to have falsified an attestation form, other than the issuance of the notice required under division (C)(2)(e) of this section.
(D) There is hereby created in the state treasury the auto emissions test fund, which shall consist of money received by the director from any cash transfers, state and local grants, and other contributions that are received for the purpose of funding the program established under this section. The director of environmental protection shall use money in the fund solely for the implementation, supervision, administration, operation, and enforcement of the motor vehicle inspection and maintenance program established under this section. Money in the fund shall not be used for either of the following:
(1) To pay for the inspection costs incurred by a motor vehicle dealer so that the dealer may provide inspection certificates to an individual purchasing a motor vehicle from the dealer when that individual resides in a county that is subject to the motor vehicle inspection and maintenance program;
(2) To provide payment for more than one free passing emissions inspection or a total of three emissions inspections for a motor vehicle in any three-hundred-sixty-five-day period. The owner or lessee of a motor vehicle is responsible for inspection fees that are related to emissions inspections beyond one free passing emissions inspection or three total emissions inspections in any three-hundred-sixty-five-day period. Inspection fees that are charged by a contractor conducting emissions inspections under a motor vehicle inspection and maintenance program shall be approved by the director of environmental protection.
(E) The motor vehicle inspection and maintenance program established under this section expires upon the termination of all contracts entered into under this section and shall not be implemented beyond the final date on which termination occurs.
(F) As used in this section "battery electric motor vehicle" has and "hybrid motor vehicle"
have the same meaning meanings as in section 4501.01 of the Revised Code.
(G) On the effective date of this amendment, the director shall immediately begin procedures to submit to the United States environmental protection agency the alternative emissions certification program for approval as part of the Ohio state implementation plan. If the United States environmental protection agency approves the modification of the decentralized motor vehicle inspection and maintenance program as providing sufficient air pollution reductions to meet the federal Clean Air Act requirements for a vehicle inspection and maintenance program and modifies the Ohio state implementation plan, the director shall immediately begin to modify the Ohio environmental protection agency rules to implement the alternative emissions certification program. Nothing in this division requires the Ohio environmental protection agency to take action to implement the alternative emissions certification program until the United States environmental protection agency approves the alternative program as part of the Ohio state implementation plan.
Sec. 4501.01. As used in this chapter and Chapters 4503., 4505., 4507., 4509., 4510., $4511.5$ 4513., 4515., and 4517. of the Revised Code, and in the penal laws, except as otherwise provided:
(A) "Vehicles" means everything on wheels or runners, including motorized bicycles, but does not mean electric personal assistive mobility devices, low-speed micromobility devices, vehicles that are operated exclusively on rails or tracks or from overhead electric trolley wires, and vehicles that belong to any police department, municipal fire department, or volunteer fire department, or that are used by such a department in the discharge of its functions.
(B) "Motor vehicle" means any vehicle, including mobile homes and recreational vehicles, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. "Motor vehicle" does not include utility vehicles as defined in division (VV) of this section, under-speed vehicles as defined in division (XX) of this section, mini-trucks as defined in division (BBB) of this section, motorized bicycles, electric bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers that are 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 no more than ten miles and at a speed of twenty-five miles per hour or less.
(C) "Agricultural tractor" and "traction engine" mean any self-propelling vehicle that is designed or used for drawing other vehicles or wheeled machinery, but has no provisions for carrying loads independently of such other vehicles, and that is used principally for agricultural purposes.
(D) "Commercial tractor," except as defined in division (C) of this section, means any motor vehicle that has motive power and either is designed or used for drawing other motor vehicles, or is designed or used for drawing another motor vehicle while carrying a portion of the other motor vehicle or its load, or both.
(E) "Passenger car" means any motor vehicle that is designed and used for carrying not more than nine persons and includes any motor vehicle that is designed and used for carrying not more than fifteen persons in a ridesharing arrangement.
(F) "Collector's vehicle" means any motor vehicle or agricultural tractor or traction engine that is of special interest, that has a fair market value of one hundred dollars or more, whether operable or not, and that is owned, operated, collected, preserved, restored, maintained, or used essentially as a collector's item, leisure pursuit, or investment, but not as the owner's principal means of transportation. "Licensed collector's vehicle" means a collector's vehicle, other than an agricultural tractor or traction engine, that displays current, valid license tags issued under section 4503.45 of the Revised Code, or a similar type of motor vehicle that displays current, valid license tags issued under substantially equivalent provisions in the laws of other states.
(G) "Historical motor vehicle" means any motor vehicle that is over twenty-five years old and is owned solely as a collector's item and for participation in club activities, exhibitions, tours, parades, and similar uses, but that in no event is used for general transportation.
(H) "Noncommercial motor vehicle" means any motor vehicle, including a farm truck as defined in section 4503.04 of the Revised Code, that is designed by the manufacturer to carry a load of no more than one ton and is used exclusively for purposes other than engaging in business for profit.
(I) "Bus" means any motor vehicle that has motor power and is designed and used for carrying more than nine passengers, except any motor vehicle that is designed and used for carrying not more than fifteen passengers in a ridesharing arrangement.
(J) "Commercial car" or "truck" means any motor vehicle that has motor power and is designed and used for carrying merchandise or freight, or that is used as a commercial tractor.
(K) "Bicycle" means every device, other than a device that is designed solely for use as a play vehicle by a child, that is propelled solely by human power upon which a person may ride, and that has two or more wheels, any of which is more than fourteen inches in diameterhas the same meaning as in section 4511.01 of the Revised Code.
(L) "Motorized bicycle" or "moped" means any vehicle that either has two tandem wheels or one wheel in the front and two wheels in the rear, that may be pedaled, and that is equipped with a helper motor of not more than fifty cubic centimeters piston displacement that produces no more than one brake horsepower and is capable of propelling the vehicle at a speed of no greater than twenty miles per hour on a level surface. "Motorized bicycle" or "moped" does not include an electric bicycle.
(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.
(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 structure that meets all of the following conditions:
(1) It is designed for the sole purpose of recreational travel. (2) It is not used for the purpose of engaging in business for profit. (3) It is not used for the purpose of engaging in intrastate commerce. (4) It is not used for the purpose of commerce as defined in 49 C.F.R. 383.5, as amended. (5) It is not regulated by the public utilities commission pursuant to Chapter 4905., 4921., 4923. of the Revised Code. (6) It is classed as one of the following: (a) "Travel trailer" or "house vehicle" means a nonself-propelled recreational vehicle that does not exceed an overall length of forty feet, exclusive of bumper and tongue or coupling. "Travel trailer" includes a tent-type fold-out camping trailer as defined in section 4517.01 of the Revised Code. (b) "Motor home" means a self-propelled recreational vehicle that has no fifth wheel and is constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.
(c) "Truck camper" means a nonself-propelled recreational vehicle that does not have wheels for road use and is designed to be placed upon and attached to a motor vehicle. "Truck camper" does not include truck covers that consist of walls and a roof, but do not have floors and facilities enabling them to be used as a dwelling.
(d) "Fifth wheel trailer" means a vehicle that is of such size and weight as to be movable without a special highway permit, that is constructed with a raised forward section that allows a bilevel floor plan, and that is designed to be towed by a vehicle equipped with a fifth-wheel hitch ordinarily installed in the bed of a truck.
(e) "Park trailer" means a vehicle that is commonly known as a park model recreational vehicle, meets the American national standard institute standard A119.5 (1988) for park trailers, is built on a single chassis, has a gross trailer area of four hundred square feet or less when set up, is designed for seasonal or temporary living quarters, and may be connected to utilities necessary for the operation of installed features and appliances.
(R) "Pneumatic tires" means tires of rubber and fabric or tires of similar material, that are inflated with air. (S) "Solid tires" means tires of rubber or similar elastic material that are not dependent upon confined air for support of the load. (T) "Solid tire vehicle" means any vehicle that is equipped with two or more solid tires. (U) "Farm machinery" means all machines and tools that are used in the production, harvesting, and care of farm products, and includes trailers that are used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm, agricultural tractors, threshing machinery, hay-baling machinery, corn shellers, hammermills, and machinery used in the production of horticultural, agricultural, and vegetable products.
(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 firms that are regularly engaged in the business of manufacturing, selling, displaying, offering for sale, or dealing in motor vehicles, at an established place of business that is used exclusively for the purpose of manufacturing, selling, displaying, offering for sale, or dealing in motor vehicles. A place of business that is used for manufacturing, selling, displaying, offering for sale, or dealing in motor vehicles shall be deemed to be used exclusively for those purposes even though snowmobiles or all-purpose vehicles are sold or displayed for sale thereat, even though farm machinery is sold or displayed for sale thereat, or even though repair, accessory, gasoline and oil, storage, parts, service, or paint departments are maintained thereat, or, in any county having a population of less than seventy-five thousand at the last federal census, even though a department in a place of business is used to dismantle, salvage, or rebuild motor vehicles by means of used parts, if such departments are operated for the purpose of furthering and assisting in the business of manufacturing, selling, displaying, offering for sale, or dealing in motor vehicles. Places of business or departments in a place of business used to dismantle, salvage, or rebuild motor vehicles by means of using used parts are not considered as being maintained for the purpose of assisting or furthering the manufacturing, selling, displaying, and offering for sale or dealing in motor vehicles.
(X) "Operator" includes any person who drives or operates a motor vehicle upon the public highways. (Y) "Chauffeur" means any operator who operates a motor vehicle, other than a taxicab, as an employee for hire; or any operator whether or not the owner of a motor vehicle, other than a taxicab, who operates such vehicle for transporting, for gain, compensation, or profit, either persons or property owned by another. Any operator of a motor vehicle who is voluntarily involved in a ridesharing arrangement is not considered an employee for hire or operating such vehicle for gain, compensation, or profit.
(Z) "State" includes the territories and federal districts of the United States, and the provinces of Canada. (AA) "Public roads and highways" for vehicles includes all public thoroughfares, bridges, and culverts. (BB) "Manufacturer's number" means the manufacturer's original serial number that is affixed to or imprinted upon the chassis or other part of the motor vehicle. (CC) "Motor number" means the manufacturer's original number that is affixed to or imprinted upon the engine or motor of the vehicle. (DD) "Distributor" means any person who is authorized by a motor vehicle manufacturer to distribute new motor vehicles to licensed motor vehicle dealers at an established place of business that is used exclusively for the purpose of distributing new motor vehicles to licensed motor vehicle dealers, except when the distributor also is a new motor vehicle dealer, in which case the distributor may distribute at the location of the distributor's licensed dealership. (EE) "Ridesharing arrangement" means the transportation of persons in a motor vehicle where the transportation is incidental to another purpose of a volunteer driver and includes ridesharing arrangements known as carpools, vanpools, and buspools. (FF) "Apportionable vehicle" means any vehicle that is used or intended for use in two or more international registration plan member jurisdictions that allocate or proportionally register vehicles, that is used for the transportation of persons for hire or designed, used, or maintained primarily for the transportation of property, and that meets any of the following qualifications: (1) Is a power unit having a gross vehicle weight in excess of twenty-six thousand pounds; (2) Is a power unit having three or more axles, regardless of the gross vehicle weight; (3) Is a combination vehicle with a gross vehicle weight in excess of twenty-six thousand pounds.
"Apportionable vehicle" does not include recreational vehicles, vehicles displaying restricted plates, city pick-up and delivery vehicles, or vehicles owned and operated by the United States, this
state, or any political subdivisions thereof.
(GG) "Chartered party" means a group of persons who contract as a group to acquire the exclusive use of a passenger-carrying 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 includes license plates issued to farm trucks under division (J) of section 4503.04 of the Revised Code.
(JJ) "Gross vehicle weight," with regard to any commercial car, trailer, semitrailer, or bus that is taxed at the rates established under section 4503.042 or 4503.65 of the Revised Code, means the unladen weight of the vehicle fully equipped plus the maximum weight of the load to be carried on the vehicle.
(KK) "Combined gross vehicle weight" with regard to any combination of a commercial car, trailer, and semitrailer, that is taxed at the rates established under section 4503.042 or 4503.65 of the Revised Code, means the total unladen weight of the combination of vehicles fully equipped plus the maximum weight of the load to be carried on that combination of vehicles.
(LL) "Chauffeured limousine" means a motor vehicle that is designed to carry nine or fewer passengers and is operated for hire pursuant to a prearranged contract for the transportation of passengers on public roads and highways along a route under the control of the person hiring the vehicle and not over a defined and regular route. "Prearranged contract" means an agreement, made in advance of boarding, to provide transportation from a specific location in a chauffeured limousine. "Chauffeured limousine" does not include any vehicle that is used exclusively in the business of funeral directing.
(MM) "Manufactured home" has the same meaning as in division (C)(4) of section 3781.06 of the Revised Code.
(NN) "Acquired situs," with respect to a manufactured home or a mobile home, means to become located in this state by the placement of the home on real property, but does not include the placement of a manufactured home or a mobile home in the inventory of a new motor vehicle dealer or the inventory of a manufacturer, remanufacturer, or distributor of manufactured or mobile homes.
(OO) "Electronic" includes electrical, digital, magnetic, optical, electromagnetic, or any other form of technology that entails capabilities similar to these technologies.
(PP) "Electronic record" means a record generated, communicated, received, or stored by electronic means for use in an information system or for transmission from one information system
to another.
(QQ) "Electronic signature" means a signature in electronic form attached to or logically associated with an electronic record.
(RR) "Financial transaction device" has the same meaning as in division (A) of section 113.40 of the Revised Code.
(SS) "Electronic motor vehicle dealer" means a motor vehicle dealer licensed under Chapter 4517. of the Revised Code whom the registrar of motor vehicles determines meets the criteria designated in section 4503.035 of the Revised Code for electronic motor vehicle dealers and designates as an electronic motor vehicle dealer under that section.
(TT) "Electric personal assistive mobility device" means a self-balancing two non-tandem wheeled device that is designed to transport only one person, has an electric propulsion system of an average of seven hundred fifty watts, and when ridden on a paved level surface by an operator who weighs one hundred seventy pounds has a maximum speed of less than twenty miles per hour.
(UU) "Limited driving privileges" means the privilege to operate a motor vehicle that a court grants under section 4510.021 of the Revised Code to a person whose driver's or commercial driver's license or permit or nonresident operating privilege has been suspended.
(VV) "Utility vehicle" means a self-propelled vehicle designed with a bed, principally for the purpose of transporting material or cargo in connection with construction, agricultural, forestry, grounds maintenance, lawn and garden, materials handling, or similar activities.
(WW) "Low-speed vehicle" means a three- or four-wheeled motor vehicle with an attainable speed in one mile on a paved level surface of more than twenty miles per hour but not more than twenty-five miles per hour and with a gross vehicle weight rating less than three thousand pounds.
(XX) "Under-speed vehicle" means a three- or four-wheeled vehicle, including a vehicle commonly known as a golf cart, with an attainable speed on a paved level surface of not more than twenty miles per hour and with a gross vehicle weight rating less than three thousand pounds.
(YY) "Motor-driven cycle or motor scooter" means any vehicle designed to travel on not more than three wheels in contact with the ground, with a seat for the driver and floor pad for the driver's feet, and is equipped with a motor with a piston displacement between fifty and one hundred cubic centimeters piston displacement that produces not more than five brake horsepower and is capable of propelling the vehicle at a speed greater than twenty miles per hour on a level surface.
(ZZ) "Motorcycle" means a motor vehicle with motive power having a seat or saddle for the use of the operator, designed to travel on not more than three wheels in contact with the ground, and having no occupant compartment top or occupant compartment top that can be installed or removed by the user.
(AAA) "Cab-enclosed motorcycle" means a motor vehicle with motive power having a seat or saddle for the use of the operator, designed to travel on not more than three wheels in contact with the ground, and having an occupant compartment top or an occupant compartment top that is installed.
(BBB) "Mini-truck" means a vehicle that has four wheels, is propelled by an electric motor with a rated power of seven thousand five hundred watts or less or an internal combustion engine with a piston displacement capacity of six hundred sixty cubic centimeters or less, has a total dry weight of nine hundred to two thousand two hundred pounds, contains an enclosed cabin and a seat for the vehicle operator, resembles a pickup truck or van with a cargo area or bed located at the rear of the vehicle, and was not originally manufactured to meet federal motor vehicle safety standards.
(CCC) "Autocycle" means a three-wheeled motorcycle that is manufactured to comply with federal safety requirements for motorcycles and that is equipped with safety belts, a steering wheel, and seating that does not require the operator to straddle or sit astride to ride the motorcycle.
(DDD) "Plug-in hybrid electric motor vehicle" means a passenger car powered in part by a battery cell energy system that can be recharged via an external source of electricity.
(EEE) "Hybrid motor vehicle" means a passenger car powered by an internal propulsion system consisting of both of the following:
(1) A combustion engine; (2) A battery cell energy system that cannot be recharged via an external source of electricity but can be recharged by other vehicle mechanisms that capture and store electric energy.
(FFF) "Low-speed micromobility device" means a device weighing less than one hundred pounds that has handlebars, is propelled by an electric motor or human power, and has an attainable speed on a paved level surface of not more than twenty miles per hour when propelled by the electric motor.
(GGG) "Specialty license plate" means a license plate, authorized by the general assembly, that displays a combination of words, markings, logos, or other graphic artwork that is in addition to the words, images, and distinctive numbers and letters required by section 4503.22 of the Revised Code.
(HHH) "Battery electric motor vehicle" means a passenger car powered wholly by a battery cell energy system that can be recharged via an external source of electricity.
(III) "Adaptive mobility vehicle" means either a new passenger car or bus purchased from a new motor vehicle dealer or a used passenger car or bus, provided that such passenger car or bus that is designed, modified, or equipped to enable an individual with a disability to operate or to be transported in the passenger car or bus, in accordance with 49 C.F.R. part 568 or 595, and contains at least one of the following:
(1) An electronic or mechanical lift that enables a person to enter or exit the motor vehicle
while occupying a wheelchair or scooter; (2) An electronic or mechanical wheelchair ramp; (3) A system to secure a wheelchair or scooter in order to allow a person to operate or be
transported safely while occupying that wheelchair or scooter. (JJJ) "Replica motor vehicle" means a motor vehicle that is constructed, assembled, or
modified so as to replicate the make, model, and model year of a motor vehicle that is at least
twenty-five years old.
Sec. 4503.10. (A) The owner of every snowmobile, off-highway motorcycle, and all-purpose 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, or all-purpose 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. Except as provided in sections 4503.103 and 4503.107 of the Revised Code, every owner of every other motor vehicle not previously described in this section and every person mentioned as owner in the last certificate of title of a motor vehicle that is operated or driven upon the public roads or highways shall cause to be filed each year, by mail or otherwise, in the office of the registrar of motor vehicles or a deputy registrar, a written or electronic application or a preprinted registration renewal notice issued under section 4503.102 of the Revised Code, the form of which shall be prescribed by the registrar, for registration for the following registration year, which shall begin on the first day of January of every calendar year and end on the thirty-first day of December in the same year. Applications for registration and registration renewal notices shall be filed at the times established by the registrar pursuant to section 4503.101 of the Revised Code. A motor vehicle owner also may elect to apply for or renew a motor vehicle registration by electronic means using electronic signature in accordance with rules adopted by the registrar. Except as provided in division (J) of this section, applications for registration shall be made on blanks furnished by the registrar for that purpose, containing the following information:
(1) A brief description of the motor vehicle to be registered, including the year, make,
model, and vehicle identification number, and, in the case of commercial cars, the gross weight of
the vehicle fully equipped computed in the manner prescribed in section 4503.08 of the Revised
Code; (2) The name and residence address of the owner, and the township and municipal
corporation in which the owner resides; (3) The district of registration, which shall be determined as follows: (a) In case the motor vehicle to be registered is used for hire or principally in connection
with any established business or branch business, conducted at a particular place, the district of
registration is the municipal corporation in which that place is located or, if not located in any
municipal corporation, the county and township in which that place is located. (b) In case the vehicle is not so used, the district of registration is the municipal corporation
or county in which the owner resides at the time of making the application. (4) Whether the motor vehicle is a new or used motor vehicle; (5) The date of purchase of the motor vehicle;
(6) Whether the fees required to be paid for the registration or transfer of the motor vehicle, during the preceding registration year and during the preceding period of the current registration year, have been paid. Each application for registration shall be signed by the owner, either manually or by electronic signature, or pursuant to obtaining a limited power of attorney authorized by the registrar for registration, or other document authorizing such signature. If the owner elects to apply for or renew the motor vehicle registration with the registrar by electronic means, the owner's manual signature is not required.
(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 make an anatomical gift if an applicant has not so certified under section 2108.05 of the Revised Code. The applicant's response shall not be considered in the decision of whether to approve the application for registration.
(B)(1) When an applicant first registers a motor vehicle in the applicant's name, the applicant shall provide proof of ownership of that motor vehicle. Proof of ownership may include any of the following: (a) The applicant may present for inspection a physical certificate of title or memorandum certificate showing title to the motor vehicle to be registered in the name of the applicant. (b) The applicant may present for inspection an electronic certificate of title for the applicant's motor vehicle in a manner prescribed by rules adopted by the registrar. (c) The registrar or deputy registrar may electronically confirm the applicant's ownership of the motor vehicle.
An applicant is not required to present a certificate of title to an electronic motor vehicle dealer acting as a limited authority deputy registrar in accordance with rules adopted by the registrar.
(2) When a motor vehicle inspection and maintenance program is in effect under section 3704.14 of the Revised Code and rules adopted under it, each application for registration for a vehicle required to be inspected under that section and those rules shall be accompanied by an inspection certificate or alternative emissions certificate for the motor vehicle issued in accordance with that section.
(3) An application for registration shall be refused if any of the following applies: (a) The application is not in proper form. (b) The application is prohibited from being accepted by division (D) of section 2935.27, division (A) of section 4503.13, division (B) of section 4510.22, division (D) of section 4503.234, division (B)(1) of section 4521.10, or division (B) of section 5537.041 of the Revised Code. (c) Proof of ownership is required but is not presented or confirmed in accordance with division (B)(1) of this section.
(d) All registration and transfer fees for the motor vehicle, for the preceding year or the preceding period of the current registration year, have not been paid.
(e) The owner or lessee does not have an inspection certificate or alternative emissions certificate for the motor vehicle as provided in section 3704.14 of the Revised Code, and rules adopted under it, if that section is applicable.
(4) This section does not require the payment of license or registration taxes on a motor vehicle for any preceding year, or for any preceding period of a year, if the motor vehicle was not taxable for that preceding year or period under sections 4503.02, 4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the Revised Code.
(5) When a certificate of registration is issued upon the first registration of a motor vehicle by or on behalf of the owner, the official issuing the certificate shall indicate the issuance with a stamp on the certificate of title or memorandum certificate or, in the case of an electronic certificate of title or electronic verification of ownership, an electronic stamp or other notation as specified in rules adopted by the registrar, and with a stamp on the inspection certificate for the motor vehicle, if any.
(6) The official also shall indicate, by a stamp or by other means the registrar prescribes, on the registration certificate issued upon the first registration of a motor vehicle by or on behalf of the owner the odometer reading of the motor vehicle as shown in the odometer statement included in or attached to the certificate of title. Upon each subsequent registration of the motor vehicle by or on behalf of the same owner, the official also shall so indicate the odometer reading of the motor vehicle as shown on the immediately preceding certificate of registration.
(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 or the alternative emissions certificate number from the alternative emissions 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 this section, the registrar and each deputy registrar shall collect an additional fee of eleven dollars for each application for registration and registration renewal received. For vehicles specified in divisions (A)(1) to (21) of section 4503.042 of the Revised Code, the registrar and deputy registrar shall collect an additional fee of thirty dollars for each application for registration and registration renewal received. No additional fee shall be charged for vehicles registered under section 4503.65 of the Revised Code. The additional fee is for the purpose of defraying the department of public safety's costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio. Each deputy registrar shall transmit the fees collected under divisions (C)(1) and (3) of this section in the time and manner provided in this section. The registrar shall deposit all moneys received under division (C)(1) of this section into the public safety - highway purposes 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 the following additional fee, as applicable, for each application for registration or registration renewal received for any hybrid motor vehicle, plug-in hybrid electric motor vehicle, or battery electric motor vehicle:
(a) One hundred dollars for a hybrid motor vehicle;
(b) One hundred fifty dollars for a plug-in hybrid electric motor vehicle;
(c) Two hundred dollars for a battery electric motor vehicle.
Each fee imposed under this division shall be prorated based on the number of months for which the vehicle is registered. The registrar shall transmit all money arising from each fee to the treasurer of state for distribution in accordance with division (E) of section 5735.051 of the Revised Code, subject to division (D) of section 5735.05 of the Revised Code.
(D) Each deputy registrar shall be allowed a fee equal to the amount established under section 4503.038 of the Revised Code for each application for registration and registration renewal notice the deputy registrar receives, which shall be for the purpose of compensating the deputy registrar for the deputy registrar's services, and such office and rental expenses, as may be necessary for the proper discharge of the deputy registrar's duties in the receiving of applications and renewal notices and the issuing of registrations.
(E) Upon the certification of the registrar, the county sheriff or local police officials shall recover license plates erroneously or fraudulently issued.
(F) Each deputy registrar, upon receipt of any application for registration or registration renewal notice, together with the license fee and any local motor vehicle license tax levied pursuant to Chapter 4504. of the Revised Code, shall transmit that fee and tax, if any, in the manner provided in this section, together with the original and duplicate copy of the application, to the registrar. The registrar, subject to the approval of the director of public safety, may deposit the funds collected by those deputies in a local bank or depository to the credit of the "state of Ohio, bureau of motor vehicles." Where a 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 an application for a motor vehicle license directly to the registrar by mail, by electronic means, or in person at any of the registrar's offices, upon payment of a service fee equal to the amount established under section 4503.038 of the Revised Code for each application.
(H) No person shall make a false statement as to the district of registration in an application required by division (A) of this section. Violation of this division is falsification under section 2921.13 of the Revised Code and punishable as specified in that section.
(I)(1) Where applicable, the requirements of division (B) of this section relating to the presentation of an inspection certificate issued under section 3704.14 of the Revised Code and rules adopted under it for a motor vehicle, the refusal of a license for failure to present an inspection certificate or alternative emissions certificate, and the stamping of the inspection certificate or alternative emissions certificate by the official issuing the certificate of registration apply to the registration of and issuance of license plates for a motor vehicle under sections 4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, 4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, 4503.47, and 4503.51 of the Revised Code.
(2)(a) The registrar shall adopt rules ensuring that each owner registering a motor vehicle in a county where a motor vehicle inspection and maintenance program is in effect under section 3704.14 of the Revised Code and rules adopted under it receives information about the requirements established in that section and those rules and about the need in those counties to present an inspection certificate or an alternative emissions certificate with an application for registration or preregistration.
(b) Upon request, the registrar shall provide the director of environmental protection, or any person that has been awarded a contract under section 3704.14 of the Revised Code, an on-line computer data link to registration information for all passenger cars, noncommercial motor vehicles, and commercial cars that are subject to that section. The registrar also shall provide to the director of environmental protection a magnetic data tape 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.
(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; (2) The gross vehicle weight of the vehicle or combined gross vehicle weight of the combination vehicle as declared by the registrant; (3) Any other information the registrar requires by rule. (K) The registrar shall determine the feasibility of implementing an electronic commercial fleet licensing and management program that will enable the owners of commercial tractors, commercial trailers, and commercial semitrailers to conduct electronic transactions by July 1, 2010, or sooner. If the registrar determines that implementing such a program is feasible, the registrar shall adopt new rules under this 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.
Sec. 4503.102. (A) The registrar of motor vehicles shall adopt rules to establish a centralized system of motor vehicle registration renewal by mail or by electronic means. Any person owning a motor vehicle that was registered in the person's name during the preceding registration year shall renew the registration of the motor vehicle not more than ninety days prior to the expiration date of the registration either by mail or by electronic means through the centralized system of registration established under this section, or in person at any office of the registrar or at a deputy registrar's office.
(B)(1) Except as provided in division (B)(2) of this section, no less than forty-five days prior to the expiration date of any motor vehicle registration, the registrar shall mail a renewal notice to the person in whose name the motor vehicle is registered. The renewal notice shall clearly state that the registration of the motor vehicle may be renewed by mail or electronic means through the centralized system of registration or in person at any office of the registrar or at a deputy registrar's office and shall be preprinted with information including, but not limited to, the owner's name and residence address as shown in the records of the bureau of motor vehicles, a brief description of the motor vehicle to be registered, notice of the license taxes and fees due on the motor vehicle, the tollfree telephone number of the registrar as required under division (D)(1) of section 4503.031 of the Revised Code, a statement that payment for a renewal may be made by financial transaction device using the toll-free telephone number, and any additional information the registrar may require by rule. The renewal notice shall not include the social security number of either the owner of the motor vehicle or the person in whose name the motor vehicle is registered. The renewal notice shall be sent by regular mail to the owner's last known address as shown in the records of the bureau of motor vehicles.
(2) The registrar is not required to mail a renewal notice if either of the following applies: (a) The owner of the vehicle has consented to receiving the renewal notice by electronic means only. (b) The application for renewal of the registration of a motor vehicle is prohibited from being accepted by the registrar or a deputy registrar by division (D) of section 2935.27, division (A) of section 4503.13, division (B) of section 4510.22, division (D) of section 4503.234, division (B)(1) of section 4521.10, or division (B) of section 5537.041 of the Revised Code. (3) If the owner of a motor vehicle has consented to receiving a renewal notice by electronic means only, the registrar shall send an electronic renewal notice to the owner that contains the information specified in division (B)(1) of this section at the time specified under that division. (C) The owner of the motor vehicle shall verify the information contained in the notice, sign it either manually or by electronic means, and return it, either by mail or electronic means, or the owner may take it in person to any office of the registrar or of a deputy registrar. The owner shall include with the notice a financial transaction device number when renewing in person or by electronic means but not by mail, check, or money order in the amount of the registration taxes and fees payable on the motor vehicle and a service fee equal to the amount established under section 4503.038 of the Revised Code, plus postage as indicated on the notice if the registration is renewed or fulfilled by mail, and an inspection certificate or alternative emissions certificate for the motor vehicle as provided in section 3704.14 of the Revised Code. For purposes of the centralized system of motor vehicle registration, the registrar shall accept payments via the toll-free telephone number established under division (D)(1) of section 4503.031 of the Revised Code for renewals made by mail. If the motor vehicle owner chooses to renew the motor vehicle registration by electronic means, the owner shall proceed in accordance with the rules the registrar adopts.
(D) If all registration and transfer fees for the motor vehicle for the preceding year or the preceding period of the current registration year have not been paid, if division (D) of section 2935.27, division (A) of section 4503.13, division (B) of section 4510.22, division (D) of section 4503.234, division (B)(1) of section 4521.10, or division (B) of section 5537.041 of the Revised Code prohibits acceptance of the renewal notice, or if the owner or lessee does not have an inspection certificate or alternative emissions certificate for the motor vehicle as provided in section 3704.14 of the Revised Code, if that section is applicable, the license shall be refused, and the registrar or deputy registrar shall so notify the owner. This section does not require the payment of license or registration taxes on a motor vehicle for any preceding year, or for any preceding period of a year, if the motor vehicle was not taxable for that preceding year or period under section 4503.02, 4503.04, 4503.11, 4503.12, or 4503.16 or Chapter 4504. of the Revised Code.
(E)(1) Failure to receive a renewal notice does not relieve a motor vehicle owner from the responsibility to renew the registration for the motor vehicle. Any person who has a motor vehicle registered in this state and who does not receive a renewal notice as provided in division (B) of this section prior to the expiration date of the registration shall request an application for registration from the registrar or a deputy registrar and sign the application manually or by electronic means and submit the application and pay any applicable license taxes and fees to the registrar or deputy registrar.
(2) If the owner of a motor vehicle submits an application for registration and the registrar is prohibited by division (D) of section 2935.27, division (A) of section 4503.13, division (B) of section 4510.22, division (D) of section 4503.234, division (B)(1) of section 4521.10, or division (B) of section 5537.041 of the Revised Code from accepting the application, the registrar shall return the application and the payment to the owner. If the owner of a motor vehicle submits a registration renewal application to the registrar by electronic means and the registrar is prohibited from accepting the application as provided in this division, the registrar shall notify the owner of this fact and deny the application and return the payment or give a credit on the financial transaction device account of the owner in the manner the registrar prescribes by rule adopted pursuant to division (A) of this section.
(F) Every deputy registrar shall post in a prominent place at the deputy's office a notice informing the public of the mail registration system required by this section and also shall post a notice that every owner of a motor vehicle and every chauffeur holding a certificate of registration is required to notify the registrar in writing of any change of residence within ten days after the change occurs. The notice shall be in such form as the registrar prescribes by rule.
(G) The service fee equal to the amount established under section 4503.038 of the Revised Code that is collected from a person who renews a motor vehicle registration by electronic means or by mail, plus postage collected by the registrar and any financial transaction device surcharge collected by the registrar, shall be paid to the credit of the public safety - highway purposes fund established by section 4501.06 of the Revised Code.
(H)(1) Pursuant to section 113.40 of the Revised Code, the registrar shall implement a program permitting payment of motor vehicle registration taxes and fees, driver's license and commercial driver's license fees, and any other taxes, fees, penalties, or charges imposed or levied by the state by means of a financial transaction device for transactions occurring online, at any office of the registrar, and at all deputy registrar locations. The program shall take effect not later than July 1, 2016. The registrar shall adopt rules as necessary for this purpose, but all such rules are subject to any action, policy, or procedure of the board of deposit or treasurer of state taken or adopted under section 113.40 of the Revised Code.
(2) The rules adopted under division (H)(1) of this section shall require a deputy registrar to accept payments by means of a financial transaction device beginning on the effective date of the rules unless the deputy registrar contract entered into by the deputy registrar prohibits the acceptance of such payments by financial transaction device. However, commencing with deputy registrar contract awards that have a start date of July 1, 2016, and for all contract awards thereafter, the registrar shall require that the proposer accept payment by means of a financial transaction device, including credit cards and debit cards, for all department of public safety transactions conducted at that deputy registrar location.
The bureau and deputy registrars are not required to pay any costs that result from accepting payment by means of a financial transaction device. A deputy registrar may charge a person who tenders payment for a department transaction by means of a financial transaction device any cost the deputy registrar incurs from accepting payment by the financial transaction device, but the deputy registrar shall not require the person to pay any additional fee of any kind in connection with the use by the person of the financial transaction device.
(3) In accordance with division (H)(1) of this section and rules adopted by the registrar under that division, a county auditor or clerk of a court of common pleas that is designated a deputy registrar shall accept payment by means of a financial transaction device, including credit cards and debit cards, for all department transactions conducted at the office of the county auditor or clerk in the county auditor's or clerk's capacity as deputy registrar. The bureau is not required to pay any costs incurred by a county auditor or clerk that result from accepting payment by means of a financial transaction device for any department transaction.
(I) For persons who reside in counties where tailpipe emissions inspections are required under the motor vehicle inspection and maintenance program, the notice required by division (B) of this section shall also include the toll-free telephone number maintained by the Ohio environmental protection agency to provide information concerning the locations of emissions testing centers. The registrar also shall include a statement in the notice that a battery electric motor vehicle is not required to undergo emissions inspection under the motor vehicle inspection and maintenance program established under section 3704.14 of the Revised Code.
Sec. 4503.103. (A)(1) The registrar of motor vehicles may adopt rules to permit any person or lessee, other than a person receiving an apportioned license plate under the international registration plan, who owns or leases one or more motor vehicles to file a written application for registration for no more than five succeeding registration years. The rules adopted by the registrar may designate the classes of motor vehicles that are eligible for such registration. At the time of application, all annual taxes and fees shall be paid for each year for which the person is registering.
(2)(a) The registrar shall adopt rules to permit any person or lessee who owns or leases a trailer or semitrailer that is subject to the tax rate prescribed in either division (C)(1) or, beginning January 1, 2022, (C)(2) of section 4503.042 of the Revised Code to file a written application for registration for any number of succeeding registration years, including a permanent registration, for
such trailers or semitrailers.
At the time of application, the applicant shall pay all of the following:
(i) As applicable, either the annual tax prescribed in division (C)(1) of section 4503.042 of the Revised Code for each year for which the applicant is registering or the annual tax prescribed in division (C)(2) of section 4503.042 of the Revised Code, unless the applicant previously paid the tax specified in division (C)(2) of that section for the trailer or semitrailer being registered. However, an applicant paying the annual tax under division (C)(1) of section 4503.042 of the Revised Code shall not pay more than eight times the annual taxes due, regardless of the number of years for which the applicant is registering.
(ii) The additional fee established under division (C)(1) of section 4503.10 of the Revised Code for each year of registration, provided that not more than eight times the additional fee due shall be paid, regardless of the number of years for which the applicant is registering.
(iii) One single deputy registrar service fee in the amount specified in division (D) of section 4503.10 of the Revised Code or one single bureau of motor vehicles service fee in the amount specified in division (G) of that section, as applicable, regardless of the number of years for which the applicant is registering.
(b) In addition, each applicant registering a trailer or semitrailer under division (A)(2)(a) of this section shall pay any applicable local motor vehicle license tax levied under Chapter 4504. of the Revised Code for each year for which the applicant is registering, provided that not more than eight times any such annual local taxes shall be due upon registration.
(c) The period of registration for a trailer or semitrailer registered under division (A)(2)(a) of this section is exclusive to the trailer or semitrailer for which that certificate of registration is issued and is not transferable to any other trailer or semitrailer if the registration is a permanent registration.
(3) Except as provided in division (A)(4) of this section, the registrar shall adopt rules to permit any person who owns a motor vehicle to file an application for registration for not more than five succeeding registration years. At the time of application, the person shall pay the annual taxes and fees for each registration year, calculated in accordance with division (C) of section 4503.11 of the Revised Code. A person who is registering a vehicle under division (A)(3) of this section shall pay for each year of registration the additional fee established under division (C)(1) or (3) of section 4503.10 of the Revised Code, as applicable. The person shall also pay the deputy registrar service fee or the bureau of motor vehicles service fee equal to the amount established under section 4503.038 of the Revised Code.
(4) Division (A)(3) of this section does not apply to a person receiving an apportioned license plate under the international registration plan, or the owner of a commercial car used solely in intrastate commerce, or the owner of a bus as defined in section 4513.50 of the Revised Code.
(5) A person registering a noncommercial trailer permanently shall register the trailer unde section 4503.107 of the Revised Code. (B) No person applying for a multi-year registration under division (A) of this section is
entitled to a refund of any taxes or fees paid.
(C) The registrar shall not issue to any applicant who has been issued a final, nonappealable order under division (D) of this section a multi-year registration or renewal thereof under this division or rules adopted under it for any motor vehicle that is required to be inspected under section 3704.14 of the Revised Code the district of registration of which, as determined under section 4503.10 of the Revised Code, is or is located in the county named in the order.
(D) Upon receipt from the director of environmental protection of a notice issued under rules adopted under section 3704.14 of the Revised Code indicating that an owner of a motor vehicle that is required to be inspected under that section who obtained a multi-year registration for the vehicle under division (A) of this section or rules adopted under that division has not obtained a required inspection certificate or alternative emissions certificate for the vehicle, the registrar in accordance with Chapter 119. of the Revised Code shall issue an order to the owner impounding the certificate of registration and identification license plates for the vehicle. The order also shall prohibit the owner from obtaining or renewing a multi-year registration for any vehicle that is required to be inspected under that section, the district of registration of which is or is located in the same county as the county named in the order during the number of years after expiration of the current multiyear registration that equals the number of years for which the current multi-year registration was issued.
An order issued under this division shall require the owner to surrender to the registrar the certificate of registration and license plates for the vehicle named in the order within five days after its issuance. If the owner fails to do so within that time, the registrar shall certify that fact to the county sheriff or local police officials who shall recover the certificate of registration and license plates for the vehicle.
(E) Upon the occurrence of either of the following circumstances, the registrar in accordance with Chapter 119. of the Revised Code shall issue to the owner a modified order rescinding the provisions of the order issued under division (D) of this section impounding the certificate of registration and license plates for the vehicle named in that original order:
(1) Receipt from the director of environmental protection of a subsequent notice under rules adopted under section 3704.14 of the Revised Code that the owner has obtained the inspection certificate or alternative emissions certificate for the vehicle as required under those rules;
(2) Presentation to the registrar by the owner of the required inspection certificate or alternative emissions certificate for the vehicle.
(F) The owner of a motor vehicle for which the certificate of registration and license plates have been impounded pursuant to an order issued under division (D) of this section, upon issuance of a modified order under division (E) of this section, may apply to the registrar for their return. A fee of two dollars and fifty cents shall be charged for the return of the certificate of registration and license plates for each vehicle named in the application.
Sec. 4503.183. (A) No person shall use a replica motor vehicle for general transportation.
However, a person may operate a replica motor vehicle registered under this section on the public roads and highways as follows:
(1) For club activities, exhibitions, tours, parades, and similar uses; (2) To and from a location where maintenance is performed on the replica motor vehicle. (B) In lieu of the annual license tax levied in sections 4503.02 and 4503.04 of the Revised Code, the registrar of motor vehicles or a deputy registrar shall collect a license fee of ten dollars for the registration of a replica motor vehicle under this section. The fee shall be deposited into the public safety - highway purposes fund established in section 4501.06 of the Revised Code.
(C) A person who owns a replica motor vehicle and applies for registration and a replica license plate under this section shall execute an affidavit that the replica motor vehicle for which the plate is requested is owned and operated solely for the purposes enumerated in division (A) of this section. The affidavit also shall set forth that the replica motor vehicle has been inspected and found safe to operate on the public roads and highways in the state. No registration issued pursuant to this section need specify the weight of the replica motor vehicle.
(D) The owner of a replica motor vehicle registered under this section shall display in plain view on the rear of the replica motor vehicle a replica license plate issued by the registrar. A replica license plate shall not display a date, but shall display the inscription "Replica Motor Vehicle--Ohio" and the registration number assigned to that replica motor vehicle.
(E) A replica license plate is valid without renewal as long as the replica motor vehicle for which it was issued or procured is in existence. A replica license plate is issued for the owner's use only for such replica motor vehicle unless later transferred to another replica motor vehicle owned by that person. In order to effect such a transfer, the owner of the replica motor vehicle that originally displayed the replica license plate shall comply with division (C) of this section. In the event of a transfer of title, the transferor shall surrender the replica license plate or transfer it to another replica motor vehicle owned by the transferor. The registrar may revoke any replica license plate issued under this section, for cause shown and after a hearing, for failure of the applicant to comply with this section. Upon revocation, a replica license plate shall be surrendered.
Sec. 4503.21. (A)(1) NoSubject to section 4503.211 of the Revised Code, no person who is the owner or operator of a motor vehicle shall fail to display in plain view on the rear of the motor vehicle a license plate that displays the distinctive number and registration mark assigned to the motor vehicle by the director of public safety, including any county identification sticker and any validation sticker when required by and issued under sections 4503.19 and 4503.191 of the Revised Code. However, a commercial tractor shall display the license plate on the front of the commercial tractor.
(2) The license plate shall be securely fastened so as not to swing, and shall not be covered
by any material that obstructs its visibility. (3) No Subject to section 4503.211 of the Revised Code, no person to whom a temporary
motor vehicle license registration has been issued for the use of a motor vehicle under section
4503.182 of the Revised Code, and no operator of that motor vehicle, shall fail to display the temporary motor vehicle license registration in plain view from the rear of the vehicle either in the rear window or on an external rear surface of the motor vehicle.
(4) No person shall cover a temporary motor vehicle license registration by any material that obstructs its visibility. (B) Whoever violates this section is guilty of a minor misdemeanor. (C) The offenses established under division (A) of this section are strict liability offenses and section 2901.20 of the Revised Code does not apply. The designation of these offenses as strict liability offenses shall not be construed to imply that any other offense, for which there is no specified degree of culpability, is not a strict liability offense.
Sec. 4503.211. (A) As used in this section: (1) "Motor vehicle renting dealer" means any person engaged in the business of regularly
making available, offering to make available, or arranging for another person to use a motor vehicle
pursuant to a bailment, rental agreement, or other contractual arrangement for a period of thirty days
or less under which a charge is made for the motor vehicle's use at a specified rate and the title to the
motor vehicle is in a person other than the operator, but does not mean a manufacturer or its affiliate
renting to its employees or to dealers. (2) "Operator" means a person driving or otherwise in control of a motor vehicle. (3) "Registered owner" means any person or entity identified by the bureau of motor vehicles
or any other state motor vehicle registration bureau, department, or office as the owner of a motor
vehicle. (B) No operator shall be charged with or convicted of a violation of division (A)(1) or (3) of
section 4503.21 of the Revised Code when operating a motor vehicle on a public highway when all
of the following apply: (1) The operator has a valid written rental agreement with a motor vehicle renting dealer and
such agreement is in effect at the time of the offense described in division (A)(1) or (3) of section
4503.21 of the Revised Code. (2) At the time of the offense, the operator provides the valid written agreement to the peace
officer or state highway patrol officer enforcing the prohibition. (3) The operator has not removed, concealed, or modified the license plate or validation
sticker as placed or attached by the motor vehicle renting dealer or its affiliate. (C) If divisions (B)(1) and (3) of this section apply, but the operator is unable to produce a
valid written agreement at the time of the offense, the operator may submit a copy of the valid
written agreement to the court at any time before or during the operator's court hearing. If such
agreement is presented to the court, the court shall dismiss any ticket, citation, or summons issued to
the operator for the offense. (D) If division (B) or (C) of this section applies, the registered owner of the motor vehicle
that was the subject of a violation of division (A)(1) or (3) of section 4503.21 of the Revised Code is
solely liable for any fees, fines, or penalties for the violation.
Sec. 4505.072. (A) The owner of a motor vehicle seeking to obtain a certificate of title indicating that the motor vehicle is a replica motor vehicle shall do all of the following:
(1) Have that motor vehicle inspected by the state highway patrol in the manner specified in section 4505.111 of the Revised Code and obtain an inspection report from the state highway patrol;
(2) Obtain a signed written statement from a person or nonprofit corporation with expertise in historical motor vehicles that the owner's motor vehicle reasonably replicates the make, model, and model year of motor vehicle that the owner is intending to replicate;
(3) Sign the written statement and have it notarized by a notary public.
(B) When a clerk of a court of common pleas issues a physical or electronic certificate of title for a replica motor vehicle, the certificate of title shall indicate that the motor vehicle is a replica motor vehicle.
When a clerk of a court of common pleas issues a duplicate certificate of title or memorandum certificate of title for a replica motor vehicle, that certificate of title shall be identical to the existing certificate of title.
Prior to issuance of the certificate of title, the owner of the replica motor vehicle shall surrender to the clerk any existing certificate of title, a copy of the inspection report, and the signed notarized written statement described in division (A) of this section.
(C)(1) Upon compliance with divisions (A) and (B) of this section and payment of the fee prescribed in section 4505.09 of the Revised Code, the clerk shall issue to the owner a certificate of title that complies with this section.
(2) The clerk shall use reasonable care in performing the duties imposed on the clerk by this section in issuing a certificate of title pursuant to this section, 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.
(D)(1) The registrar of motor vehicles shall ensure that the certificate of title of a replica motor vehicle issued under this section complies with all of the following:
(a) It is in the same form as the original certificate of title.
(b) It displays the word "REPLICA" in black boldface letters on its face.
(c) It includes the make, model, and model year of motor vehicle that the owner is intending the motor vehicle to replicate.
(d) It includes the year the replica motor vehicle was constructed, assembled, or modified.
(2) The registrar shall determine the exact location on the face of the certificate of title of the word "REPLICA," the make, model, and model year of motor vehicle the owner is intending to replicate, and the year the replica motor vehicle was constructed, assembled, or modified. The registrar shall develop an automated procedure within the automated title processing system for purposes of this section.
(3) Every memorandum certificate of title or duplicate certificate of title issued for a replica motor vehicle for which a certificate of title has been issued under this section shall display the same information as is required under division (D)(1) of this section.
Any subsequent certificate of title issued for a replica motor vehicle for which a certificate of title has been issued under this section shall display the same information as is required under division (D)(1) of this section.
(E)(1) The owner of a replica motor vehicle who titles that vehicle as a replica motor vehicle under this section shall obtain replica license plates and comply with the requirements of section 4503.183 of the Revised Code.
(2) The owner of a replica motor vehicle who does not title that motor vehicle as a replica motor vehicle under this section is not required to obtain replica motor vehicle license plates and comply with the requirements of section 4503.183 of the Revised Code. Such an owner is subject to the general registration requirements of Chapter 4503., the titling requirements of Chapter 4505., and the equipment requirements of Chapter 4513. of the Revised Code.
Sec. 4505.08. (A) When the clerk of a court of common pleas issues a physical certificate of title, the clerk shall issue the certificate of title on a form and in a manner prescribed by the registrar of motor vehicles. The clerk shall file a copy of the physical evidence for the creation of the certificate of title in a manner prescribed by the registrar. A clerk may retain digital images of documents used as evidence for issuance of a certificate of title. Certified printouts of documents retained as digital images shall have the same evidentiary value as the original physical documents. The record of the issuance of the certificate of title shall be maintained in the automated title processing system. The clerk shall sign and affix the clerk's seal to the original certificate of title and, if there are no liens on the motor vehicle, shall deliver the certificate to the applicant or the selling dealer. If there are one or more liens on the motor vehicle, the certificate of title shall be delivered to the holder of the first lien or the selling dealer, who shall deliver the certificate of title to the holder of the first lien.
The registrar shall prescribe a uniform method of numbering certificates of title, and such numbering shall be in such manner that the county of issuance is indicated. The clerk shall assign numbers to certificates of title in the manner prescribed by the registrar. The clerk shall file all certificates of title according to rules to be prescribed by the registrar, and the clerk shall maintain in the clerk's office indexes for the certificates of title.
The clerk need not retain on file any current certificates of title, current duplicate certificates of title, current memorandum certificates of title, or current salvage certificates of title, or supporting evidence of them covering any motor vehicle or manufactured or mobile home for a period longer than seven years after the date of its filing; thereafter, the documents and supporting evidence may be destroyed. The clerk need not retain on file any inactive records, including certificates of title, duplicate certificates of title, or memorandum certificates of title, or supporting evidence of them, including the electronic record described in division (A) of section 4505.06 of the Revised Code, covering any motor vehicle or manufactured or mobile home for a period longer than five years after the date of its filing; thereafter, the documents and supporting evidence may be destroyed
The automated title processing system shall contain all active records and an index of the active records, a record and index of all inactive titles for ten years, and a record and index of all inactive titles for manufactured and mobile homes for thirty years. If the clerk provides a written copy of any information contained in the database, the copy shall be considered the original for purposes of the clerk certifying the record of the information for use in any legal proceeding.
(B)(1) If the clerk issues a certificate of title for a motor vehicle that was last previously registered in another state, the clerk shall record verbatim, where practicable, in the space on the title described in division (B)(19) of section 4505.07 of the Revised Code, the words that appear as a notation to the vehicle on the title issued by the previous state. These notations may include, but are not limited to, words to the effect that the vehicle was considered or was categorized by the state in which it was last previously registered to be a law enforcement vehicle or a taxicab or was once in a flood.
(2) If the clerk, while issuing a certificate of title for a motor vehicle that was last previously registered in another state, receives information from the automated title processing system indicating that a title to the vehicle previously was issued by this state and that the previous title contained notations that appeared in the space described in division (B)(19) or (20) of section 4505.07 of the Revised Code, the clerk shall enter the notations that appeared on the previous certificate of title issued by this state on the new certificate of title in the space described in division (B)(19) or (20) of section 4505.07 of the Revised Code, irrespective of whether the notations appear on the certificate of title issued by the state in which the vehicle was last previously registered.
(3) If the clerk, while issuing a certificate of title for a motor vehicle that was last previously registered in another state, receives information from the automated title processing system indicating that the vehicle was previously issued a title by this state and that the previous title bore the notation "REBUILT SALVAGE" as required by division (E) of section 4505.11 of the Revised Code, or the previous title to the vehicle issued by this state was a salvage certificate of title, the clerk shall cause the certificate of title the clerk issues to bear the notation "REBUILT SALVAGE" in the location prescribed by the registrar pursuant to that division.
(4) If the clerk, while issuing a certificate of title for a motor vehicle that was last previously registered in another state, receives information from the automated title processing system indicating that the vehicle was previously issued a title by this state and that the previous title included the notation "REPLICA" in accordance with section 4505.072 of the Revised Code, or the previous title to the vehicle issued by another state indicates that the vehicle is a replica motor vehicle, the clerk shall cause the certificate of title the clerk issues to display the notation "REPLICA" in the location prescribed by the registrar pursuant to that section.
(C) When the clerk issues a certificate of title for a motor vehicle that was last previously registered in this state and was a law enforcement vehicle or a taxicab or was once in a flood, the clerk shall record that information in the space on the title described in division (B)(20) of section
4505.07 of the Revised Code. The registrar, by rule, may prescribe any additional uses of or happenings to a motor vehicle that the registrar has reason to believe should be noted on the certificate of title as provided in this division.
(D) The clerk shall use reasonable care in recording or entering onto titles the clerk issues any notation and information the clerk is required by divisions (B) and (C) of this section to record or enter and in causing the titles the clerk issues to bear any notation required by those divisions, 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 the duties imposed on the clerk by this section.
(E) The clerk may issue a duplicate title, when duly applied for, of any title that has been destroyed as herein provided.
(F) Except as provided in section 4505.021 of the Revised Code, the clerk shall issue a physical certificate of title to an applicant unless the applicant specifically requests the clerk not to issue a physical certificate of title and instead to issue an electronic certificate of title. The fact that a physical certificate of title is not issued for a motor vehicle does not affect ownership of the vehicle. In that case, when the clerk completes the process of entering certificate of title application information into the automated title processing system, the effect of the completion of the process is the same as if the clerk actually issued a physical certificate of title for the motor vehicle.
(G) An electronic motor vehicle dealer who applies for a certificate of title on behalf of a customer who purchases a motor vehicle from the dealer may print a non-negotiable evidence of ownership for the customer if the customer so requests. The authorization to print the non-negotiable evidence of ownership shall come from the clerk with whom the dealer makes application for the certificate of title for the customer, but the printing by the dealer does not create an agency relationship of any kind between the dealer and the clerk.
(H) The owner of a motor vehicle may apply at any time to a clerk of a court of common pleas for a non-negotiable evidence of ownership for the motor vehicle.
(I) In accordance with rules adopted by the registrar, a clerk may issue a certificate of title applied for by an agent of a licensed motor vehicle dealer when that agent has a properly executed power of attorney from the dealer.
Sec. 4506.01. As used in this chapter:
(A) "Alcohol concentration" means the concentration of alcohol in a person's blood, breath, or urine. When expressed as a percentage, it means grams of alcohol per the following:
(1) One hundred milliliters of whole blood, blood serum, or blood plasma;
(2) Two hundred ten liters of breath;
(3) One hundred milliliters of urine.
(B)(1)(B) "Commercial driver's license" means a license issued in accordance with this chapter that authorizes an individual to drive a commercial motor vehicle. Except as otherwise specifically provided, "commercial driver's license" includes an "enhanced commercial driver's
license." (2) "Enhanced commercial driver's license" means a commercial driver's license issued in
accordance with sections 4507.021 and 4506.072 of the Revised Code that denotes citizenship and
identity and is approved by the United States secretary of homeland security or other designated
federal agency for purposes of entering the United States. (C) "Commercial driver's license information system" means the information system
established pursuant to the requirements of the "Commercial Motor Vehicle Safety Act of 1986,"
100 Stat. 3207-171, 49 U.S.C.A. App. 2701. (D) Except when used in section 4506.25 of the Revised Code, "commercial motor vehicle"
means any motor vehicle designed or used to transport persons or property that meets any of the
following qualifications: (1) Any combination of vehicles with a gross vehicle weight or combined gross vehicle
weight rating of twenty-six thousand one pounds or more, provided the gross vehicle weight or gross
vehicle weight rating of the vehicle or vehicles being towed is in excess of ten thousand pounds; (2) Any single vehicle with a gross vehicle weight or gross vehicle weight rating of twenty
six thousand one pounds or more; (3) Any single vehicle or combination of vehicles that is not a class A or class B vehicle, bu
is designed to transport sixteen or more passengers including the driver; (4) Any school bus with a gross vehicle weight or gross vehicle weight rating of less than
twenty-six thousand one pounds that is designed to transport fewer than sixteen passengers including
the driver; (5) Is transporting hazardous materials for which placarding is required under subpart $\mathrm{F}$ of
49 C.F.R. part 172, as amended; (6) Any single vehicle or combination of vehicles that is designed to be operated and to
travel on a public street or highway and is considered by the federal motor carrier safety
administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a
vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane. (E) "Controlled substance" means all of the following: (1) Any substance classified as a controlled substance under the "Controlled Substance
Act," 80 Stat. 1242 (1970), 21 U.S.C.A. 802(6), as amended; (2) Any substance included in schedules I through V of 21 C.F.R. part 1308, as amended; (3) Any drug of abuse. (F) "Conviction" means an unvacated adjudication of guilt or a determination that a person
has violated or failed to comply with the law in a court of original jurisdiction or an authorized
administrative tribunal, an unvacated forfeiture of bail or collateral deposited to secure the person's
appearance in court, a plea of guilty or nolo contendere accepted by the court, the payment of a fine
or court cost, or violation of a condition of release without bail, regardless of whether or not the
penalty is rebated, suspended, or probated.
Am. Sub. H. B. No. 54 136th G.A. 62 (G) "Disqualification" means any of the following: (1) The suspension, revocation, or cancellation of a person's privileges to operate a
commercial motor vehicle; (2) Any withdrawal of a person's privileges to operate a commercial motor vehicle as the
result of a violation of state or local law relating to motor vehicle traffic control other than parking,
vehicle weight, or vehicle defect violations; (3) A determination by the federal motor carrier safety administration that a person is not
qualified to operate a commercial motor vehicle under 49 C.F.R. 391. (H) "Domiciled" means having a true, fixed, principal, and permanent residence to which an
individual intends to return. (I) "Downgrade" means any of the following, as applicable: (1) A change in the commercial driver's license, or commercial driver's license temporary
instruction permit, holder's self-certified status as described in division (A)(1) of section 4506.10 of
the Revised Code; (2) A change to a lesser class of vehicle; (3) Removal of commercial driver's license privileges from the individual's driver's license. (J) "Drive" means to drive, operate, or be in physical control of a motor vehicle. (K) "Driver" means any person who drives, operates, or is in physical control of a
commercial motor vehicle or is required to have a commercial driver's license. (L) "Driver's license" means a license issued by the bureau of motor vehicles that authorizes
an individual to drive. (M) "Drug of abuse" means any controlled substance, dangerous drug as defined in section
4729.01 of the Revised Code, harmful intoxicant as defined in section 2925.01 of the Revised Code,
or over-the-counter medication that, when taken in quantities exceeding the recommended dosage,
can result in impairment of judgment or reflexes. (N) "Electronic device" includes a cellular telephone, a personal digital assistant, a pager, a
computer, and any other device used to input, write, send, receive, or read text. (O) "Eligible unit of local government" means a village, township, or county that has a
population of not more than three thousand persons according to the most recent federal census. (P) "Employer" means any person, including the federal government, any state, and a
political subdivision of any state, that owns or leases a commercial motor vehicle or assigns a person
to drive such a motor vehicle. (Q) "Endorsement" means an authorization on a person's commercial driver's license that is
required to permit the person to operate a specified type of commercial motor vehicle. (R) "Farm truck" means a truck controlled and operated by a farmer for use in the
transportation to or from a farm, for a distance of not more than one hundred fifty miles, of products
of the farm, including livestock and its products, poultry and its products, floricultural and
horticultural products, and in the transportation to the farm, from a distance of not more than one
hundred fifty miles, of supplies for the farm, including tile, fence, and every other thing or commodity used in agricultural, floricultural, horticultural, livestock, and poultry production, and livestock, poultry, and other animals and things used for breeding, feeding, or other purposes connected with the operation of the farm, when the truck is operated in accordance with this division and is not used in the operations of a motor carrier, as defined in section 4923.01 of the Revised Code.
(S) "Fatality" means the death of a person as the result of a motor vehicle accident occurring not more than three hundred sixty-five days prior to the date of death. (T) "Felony" means any offense under federal or state law that is punishable by death or specifically classified as a felony under the law of this state, regardless of the penalty that may be imposed. (U) "Foreign jurisdiction" means any jurisdiction other than a state. (V) "Gross vehicle weight rating" means the value specified by the manufacturer as the maximum loaded weight of a single or a combination vehicle. The gross vehicle weight rating of a combination vehicle is the gross vehicle weight rating of the power unit plus the gross vehicle weight rating of each towed unit. (W) "Hazardous materials" means any material that has been designated as hazardous under 49 U.S.C. 5103 and is required to be placarded under subpart F of 49 C.F.R. part 172 or any quantity of a material listed as a select agent or toxin in 42 C.F.R. part 73, as amended. (X) "Imminent hazard" means the existence of a condition that presents a substantial likelihood that death, serious illness, severe personal injury, or a substantial endangerment to health, property, or the environment may occur before the reasonably foreseeable completion date of a formal proceeding begun to lessen the risk of that death, illness, injury, or endangerment. (Y) "Medical variance" means one of the following received by a driver from the federal motor carrier safety administration that allows the driver to be issued a medical certificate: (1) An exemption letter permitting operation of a commercial motor vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64; (2) A skill performance evaluation certificate permitting operation of a commercial motor vehicle pursuant to 49 C.F.R. 391.49. $(Z)$ "Mobile telephone" means a mobile communication device that falls under or uses any commercial mobile radio service as defined in 47 C.F.R. 20, except that mobile telephone does not include two-way or citizens band radio services. (AA) "Motor vehicle" means a vehicle, machine, tractor, trailer, or semitrailer propelled or drawn by mechanical power used on highways, except that such term does not include a vehicle, machine, tractor, trailer, or semitrailer operated exclusively on a rail. (BB) "Out-of-service order" means a declaration by an authorized enforcement officer of a federal, state, local, Canadian, or Mexican jurisdiction declaring that a driver, commercial motor vehicle, or commercial motor carrier operation is out of service as defined in 49 C.F.R. 390.5.
Am. Sub. H. B. No. 54 136th G.A. 64 (CC) "Peace officer" has the same meaning as in section 2935.01 of the Revised Code. (DD) "Portable tank" means a liquid or gaseous packaging designed primarily to be loaded
onto or temporarily attached to a vehicle and equipped with skids, mountings, or accessories to
facilitate handling of the tank by mechanical means. (EE) "Public safety vehicle" has the same meaning as in divisions (E)(1) and (3) of section
4511.01 of the Revised Code. (FF) "Recreational vehicle" includes every vehicle that is defined as a recreational vehicle in
section 4501.01 of the Revised Code and is used exclusively for purposes other than engaging in
business for profit. (GG) "Residence" means any person's residence determined in accordance with standards
prescribed in rules adopted by the registrar. (HH) "School bus" has the same meaning as in section 4511.01 of the Revised Code. (II) "Serious traffic violation" means any of the following: (1) A conviction arising from a single charge of operating a commercial motor vehicle in
violation of any provision of section 4506.03 of the Revised Code; (2)(a) Except as provided in division (II)(2)(b) of this section, a violation while operating a
commercial motor vehicle of a law of this state, or any municipal ordinance or county or township
resolution, or any other substantially similar law of another state or political subdivision of another
state prohibiting either of the following: (i) Texting while driving; (ii) Using a handheld mobile telephone. (b) It is not a serious traffic violation if the person was texting or using a handheld mobile
telephone to contact law enforcement or other emergency services. (3) A conviction arising from the operation of any motor vehicle that involves any of the
following: (a) A single charge of any speed in excess of the posted speed limit by fifteen miles per hour
or more; (b) Violation of section 4511.20 or 4511.201 of the Revised Code or any similar ordinance
or resolution, or of any similar law of another state or political subdivision of another state; (c) Violation of a law of this state or an ordinance or resolution relating to traffic control,
other than a parking violation, or of any similar law of another state or political subdivision of
another state, that results in a fatal accident; (d) Violation of section 4506.03 of the Revised Code or a substantially similar municipal
ordinance or county or township resolution, or of any similar law of another state or political
subdivision of another state, that involves the operation of a commercial motor vehicle without a
valid commercial driver's license with the proper class or endorsement for the specific vehicle group
being operated or for the passengers or type of cargo being transported; (e) Violation of section 4506.03 of the Revised Code or a substantially similar municipal
ordinance or county or township resolution, or of any similar law of another state or political subdivision of another state, that involves the operation of a commercial motor vehicle without a valid commercial driver's license being in the person's possession;
(f) Violation of section 4511.33 or 4511.34 of the Revised Code, or any municipal ordinance or county or township resolution substantially similar to either of those sections, or any substantially similar law of another state or political subdivision of another state; (g) Violation of any other law of this state, any law of another state, or any ordinance or resolution of a political subdivision of this state or another state that meets both of the following requirements: (i) It relates to traffic control, other than a parking violation; (ii) It is determined to be a serious traffic violation by the United States secretary of transportation and is designated by the director as such by rule. (JJ) "State" means a state of the United States and includes the District of Columbia. (KK) "Tank vehicle" means any commercial motor vehicle that is designed to transport any liquid or gaseous materials within a tank or tanks that are either permanently or temporarily attached to the vehicle or its chassis and have an individual rated capacity of more than one hundred nineteen gallons and an aggregate rated capacity of one thousand gallons or more. "Tank vehicle" does not include a commercial motor vehicle transporting an empty storage container tank that is not designed for transportation, has a rated capacity of one thousand gallons or more, and is temporarily attached to a flatbed trailer.
(LL) "Tester" means a person or entity acting pursuant to a valid agreement entered into pursuant to division (B) of section 4506.09 of the Revised Code.
(MM) "Texting" means manually entering alphanumeric text into, or reading text from, an electronic device. Texting includes short message service, e-mail, instant messaging, a command or request to access a world wide web page, pressing more than a single button to initiate or terminate a voice communication using a mobile telephone, or engaging in any other form of electronic text retrieval or entry, for present or future communication. Texting does not include the following:
(1) Using voice commands to initiate, receive, or terminate a voice communication using a mobile telephone; (2) Inputting, selecting, or reading information on a global positioning system or navigation system; (3) Pressing a single button to initiate or terminate a voice communication using a mobile telephone; or (4) Using, for a purpose that is not otherwise prohibited by law, a device capable of performing multiple functions, such as a fleet management system, a dispatching device, a mobile telephone, a citizens band radio, or a music player.
(NN) "Texting while driving" means texting while operating a commercial motor vehicle, with the motor running, including while temporarily stationary because of traffic, a traffic control device, or other momentary delays. Texting while driving does not include operating a commercial motor vehicle with or without the motor running when the driver has moved the vehicle to the side of, or off, a highway and is stopped in a location where the vehicle can safely remain stationary.
(OO) "United States" means the fifty states and the District of Columbia.
(PP) "Upgrade" means a change in the class of vehicles, endorsements, or self-certified status as described in division (A)(1) of section 4506.10 of the Revised Code, that expands the ability of a current commercial driver's license holder to operate commercial motor vehicles under this chapter;
(QQ) "Use of a handheld mobile telephone" means:
(1) Using at least one hand to hold a mobile telephone to conduct a voice communication; (2) Dialing or answering a mobile telephone by pressing more than a single button; or (3) Reaching for a mobile telephone in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position, or restrained by a seat belt that is installed in accordance with 49 C.F.R. 393.93 and adjusted in accordance with the vehicle manufacturer's instructions.
(RR) "Vehicle" has the same meaning as in section 4511.01 of the Revised Code.
Sec. 4506.09. (A) The registrar of motor vehicles, subject to approval by the director of public safety, shall adopt rules conforming with applicable standards adopted by the federal motor carrier safety administration as regulations under Pub. L. No. 103-272, 108 Stat. 1014 to 1029 (1994), 49 U.S.C.A. 31301 to 31317. The rules shall establish requirements for the qualification and testing of persons applying for a commercial driver's license, which are in addition to other requirements established by this chapter. Except as provided in division (B) of this section, the highway patrol or any other employee of the department of public safety the registrar authorizes shall supervise and conduct the testing of persons applying for a commercial driver's license.
(B) The director may adopt rules, in accordance with Chapter 119. of the Revised Code and applicable requirements of the federal motor carrier safety administration, authorizing the skills test specified in this section to be administered by any person, by an agency of this or another state, or by an agency, department, or instrumentality of local government. Each party authorized under this division to administer the skills test may charge a maximum divisible fee of one hundred fifteen dollars for each skills test given as part of a commercial driver's license examination. The fee shall consist of not more than twenty-seven dollars for the pre-trip inspection portion of the test, not more than twenty-seven dollars for the off-road maneuvering portion of the test, and not more than sixtyone dollars for the on-road portion of the test. Each such party may require an appointment fee in the same manner provided in division (E)(2) of this section, except that the maximum amount such a party may require as an appointment fee is one hundred fifteen dollars. The skills test administered by another party under this division shall be the same as otherwise would be administered by this state. The other party shall enter into an agreement with the director that, without limitation, does all of the following:
(1) Allows the director or the director's representative and the federal motor carrier safety administration or its representative to conduct random examinations, inspections, and audits of the other party, whether covert or overt, without prior notice;
(2) Requires the director or the director's representative to conduct on-site inspections of the other party at least annually;
(3) Requires that all examiners of the other party meet the same qualification and training standards as examiners of the department of public safety, including criminal background checks and the standards applicable to the class of vehicle and endorsements for which an applicant taking the skills test is applying, to the extent necessary to conduct skills tests in the manner required by 49 C.F.R. 383.110 through 383.135. In accordance with federal guidelines, any examiner employed on July 1, 2017, shall have a criminal background check conducted at least once, and any examiner hired after July 1, 2015, shall have a criminal background check conducted after the examiner is initially hired.
(4) Requires either that state employees take, at least annually and as though the employees were test applicants, the tests actually administered by the other party, that the director test a sample of drivers who were examined by the other party to compare the test results, or that state employees accompany a test applicant during an actual test;
(5) Unless the other party is a governmental entity, requires the other party to initiate and maintain a bond in an amount determined by the director to sufficiently pay for the retesting of drivers in the event that the other party or its skills test examiners are involved in fraudulent activities related to skills testing;
(6) Requires the other party to use only skills test examiners who have successfully completed a commercial driver's license examiner training course as prescribed by the director, and have been certified by the state as a commercial driver's license skills test examiner qualified to administer the applicable skills tests;
(7) Requires the other party to use designated road test routes that have been approved by the director;
(8) Requires the other party to schedule all skills test appointments through a system or method provided by the director. If a system or method is not provided by the director, the other party shall submit a schedule of skills test appointments to the director weekly. The director may request that any additions to the schedule of skills test appointments, made after the weekly submission, be submitted to the director not later than two business days prior to the additional skills test appointment.
(9) Requires the other party to maintain copies of the following records at its principal place of business: (a) The other party's commercial driver's license skills testing program certificate; (b) Each skills test examiner's certificate of authorization to administer skills tests for the classes and types of commercial motor vehicles listed in the certificate;
(c) Each completed skills test scoring sheet for the current calendar year as well as the prior two calendar years;
(d) A complete list of the test routes that have been approved by the director; (e) A complete and accurate copy of each examiner's training record; (f) A copy of the agreement that the other party made with the director. (10) If the other party also is a driver training school, prohibits its skills test examiners from
administering skills tests to applicants that the examiner personally trained; (11) Requires each skills test examiner to administer a complete skills test to a minimum of
ten different individuals per calendar year; (12) Reserves to this state the right to take prompt and appropriate remedial action against
the other party and its skills test examiners if the other party or its skills test examiners fail to
comply with standards of this state or federal standards for the testing program or with any other
terms of the contract. (C) The director shall enter into an agreement with the department of education and
workforce authorizing the skills test specified in this section to be administered by the department at
any location operated by the department for purposes of training and testing school bus drivers,
provided that the agreement between the director and the department complies with the requirements
of division (B) of this section. Skills tests administered by the department shall be limited to persons
applying for a commercial driver's license with a school bus endorsement. (D)(1) The director shall adopt rules, in accordance with Chapter 119. of the Revised Code,
authorizing waiver of the skills test specified in this section for any applicant for a commercial
driver's license who meets all of the following requirements: (a) As authorized under 49 C.F.R. 383.77, the applicant operates a commercial motor vehicle
for military purposes and is one of the following: (i) Active duty military personnel; (ii) A member of the military reserves; (iii) A member of the national guard on active duty, including full-time national guard duty,
part-time national guard training, and national guard military technicians; (iv) Active duty U.S. coast guard personnel. (b) The applicant certifies that, during the two-year period immediately preceding
application for a commercial driver's license, all of the following apply: (i) The applicant has not had more than one license, excluding any military license. (ii) The applicant has not had any license suspended, revoked, or canceled. (iii) The applicant has not had any convictions for any type of motor vehicle for the offenses
for which disqualification is prescribed in section 4506.16 of the Revised Code. (iv) The applicant has not had more than one conviction for any type of motor vehicle for a
serious traffic violation. (v) The applicant has not had any violation of a state or local law relating to motor vehicle
traffic control other than a parking violation arising in connection with any traffic accident and has
no record of an accident in which the applicant was at fault. (c) In accordance with rules adopted by the director, the applicant certifies and also provides
evidence of all of the following: (i) That the applicant is or was regularly employed in a military position requiring operation
of a commercial motor vehicle; (ii) That the applicant was exempt from the requirements of this chapter under division (B)
(6) of section 4506.03 of the Revised Code; (iii) That, for at least two years immediately preceding the date of application or at least two
years immediately preceding the date the applicant separated from military service or employment,
the applicant regularly operated a vehicle representative of the commercial motor vehicle type that
the applicant operates or expects to operate. (2) The waiver established under division (D)(1) of this section does not apply to United
States reserve technicians. (E)(1) The department of public safety may charge and collect a divisible fee of fifty dollars
for each skills test given as part of a commercial driver's license examination. The fee shall consist
of ten dollars for the pre-trip inspection portion of the test, ten dollars for the off-road maneuvering
portion of the test, and thirty dollars for the on-road portion of the test. (2) No applicant is eligible to take the skills test until a minimum of fourteen days have
elapsed since the initial issuance of a commercial driver's license temporary instruction permit to the
applicant. The director may require an applicant for a commercial driver's license who schedules an
appointment with the highway patrol or other authorized employee of the department of public
safety to take all portions of the skills test and to pay an appointment fee of fifty dollars at the time
of scheduling the appointment. If the applicant appears at the time and location specified for the
appointment and takes all portions of the skills test during that appointment, the appointment fee
serves as the skills test fee. If the applicant schedules an appointment to take all portions of the skills
test and fails to appear at the time and location specified for the appointment, the director shall not
refund any portion of the appointment fee. If the applicant schedules an appointment to take all
portions of the skills test and appears at the time and location specified for the appointment, but
declines or is unable to take all portions of the skills test, the director shall not refund any portion of
the appointment fee. If the applicant cancels a scheduled appointment forty-eight hours or more
prior to the time of the appointment time, the applicant shall not forfeit the appointment fee. An applicant for a commercial driver's license who schedules an appointment to take one or
more, but not all, portions of the skills test is required to pay an appointment fee equal to the costs of each test scheduled, as prescribed in division (E)(1) of this section, when scheduling such an appointment. If the applicant appears at the time and location specified for the appointment and takes all the portions of the skills test during that appointment that the applicant was scheduled to take, the appointment fee serves as the skills test fee. If the applicant schedules an appointment to take one or more, but not all, portions of the skills test and fails to appear at the time and location specified for the appointment, the director shall not refund any portion of the appointment fee. If the applicant schedules an appointment to take one or more, but not all, portions of the skills test and appears at the time and location specified for the appointment, but declines or is unable to take all portions of the skills test that the applicant was scheduled to take, the director shall not refund any portion of the appointment fee. If the applicant cancels a scheduled appointment forty-eight hours or more prior to the time of the appointment time, the applicant shall not forfeit the appointment fee.
(3) The department of public safety shall deposit all fees it collects under division (E) of this
section in the public safety - highway purposes fund established in section 4501.06 of the Revised
Code. (F)(1) Unless an applicant for a commercial driver's license has successfully completed the
training required under 49 C.F.R. 380, subpart F, the applicant is not eligible to do any of the
following: (a) Take the skills test required for initial issuance of a class A or a class B commercial
driver's license; (b) Take the skills test required for initial issuance of a passenger (P) or school bus (S)
endorsement on the applicant's commercial driver's license; (c) Take the knowledge test required for initial issuance of a hazardous materials (H)
endorsement on the applicant's commercial driver's license. Before an applicant takes the applicable skills or knowledge test, the registrar shall
electronically verify, through the federal motor carrier safety administration's training provider
registry, that an applicant has completed the required training under 49 C.F.R. 380, subpart F. (2) The training required under 49 C.F.R. 380, subpart F, and under division (F)(1) of this
section may be provided by either of the following: (a) A driver training school pursuant to section 4508.031 of the Revised Code; (b) An authorized driver training provider listed on the federal motor carrier safety
administration's training provider registry. (G) A person who has successfully completed commercial driver's license training in this
state but seeks a commercial driver's license in another state where the person is domiciled may
schedule an appointment to take the skills test in this state and shall pay the appropriate appointment
fee. Upon the person's completion of the skills test, this state shall electronically transmit the
applicant's results to the state where the person is domiciled. If a person who is domiciled in this
state takes a skills test in another state, this state shall accept the results of the skills test from the
other state. If the person passed the other state's skills test and meets all of the other licensing
requirements set forth in this chapter and rules adopted under this chapter, the registrar of motor
vehicles or a deputy registrar shall issue a commercial driver's license to that person. (H) Unless otherwise specified, the director or the director's representative shall conduct the
examinations, inspections, audits, and test monitoring set forth in divisions (B)(2),(3), and (4) of this section at least annually. If the other party or any of its skills test examiners fail to comply with state or federal standards for the skills testing program, the director or the director's representative shall take prompt and appropriate remedial action against the party and its skills test examiners. Remedial action may include termination of the agreement or revocation of a skills test examiner's certification.
(I) As used in this section, "skills test" means a test of an applicant's ability to drive the type of commercial motor vehicle for which the applicant seeks a commercial driver's license by having the applicant drive such a motor vehicle while under the supervision of an authorized state driver's license examiner or tester.
Sec. 4506.11. (A) Every commercial driver's license shall be marked "commercial driver's license" or "CDL" and shall be of such material and so designed as to prevent its reproduction or alteration without ready detection. The commercial driver's license for licensees under twenty-one years of age shall have characteristics prescribed by the registrar of motor vehicles distinguishing it from that issued to a licensee who is twenty-one years of age or older. Every commercial driver's license shall display all of the following information:
(1) The name and residence address of the licensee; (2) A photograph of the licensee showing the licensee's uncovered face; (3) A physical description of the licensee, including sex, height, weight, and color of eyes
and hair; (4) The licensee's date of birth; (5) The licensee's social security number if the person has requested that the number be
displayed in accordance with section 4501.31 of the Revised Code or if federal law requires the
social security number to be displayed and any number or other identifier the director of public
safety considers appropriate and establishes by rules adopted under Chapter 119. of the Revised
Code and in compliance with federal law; (6) The licensee's signature; (7) The classes of commercial motor vehicles the licensee is authorized to drive and any
endorsements or restrictions relating to the licensee's driving of those vehicles; (8) The name of this state; (9) The dates of issuance and of expiration of the license; (10) If the licensee has certified willingness to make an anatomical gift under section
2108.05 of the Revised Code, any symbol chosen by the registrar of motor vehicles to indicate that
the licensee has certified that willingness; (11) If the licensee has executed a durable power of attorney for health care or a declaration
governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment and
has specified that the licensee wishes the license to indicate that the licensee has executed either type
of instrument, any symbol chosen by the registrar to indicate that the licensee has executed either type of instrument;
(12) If the licensee has specified that the licensee wishes the license to indicate that the licensee is a veteran, active duty, or reservist of the armed forces of the United States and has presented a copy of the licensee's DD-214 form or an equivalent document, any symbol chosen by the registrar to indicate that the licensee is a veteran, active duty, or reservist of the armed forces of the United States;
(13) If the licensee is a noncitizen of the United States, a notation designating that the licensee is a noncitizen; (14) Any other information the registrar considers advisable and requires by rule. (B) Every enhanced commercial driver's license shall have any additional characteristics established by the rules adopted under section 4507.021 of the Revised Code. $\boldsymbol{\mathrm{\Omega}}\boldsymbol{\mathrm{\Omega}}\boldsymbol{\mathrm{\Omega}}\boldsymbol{\mathrm{\Omega}}\boldsymbol{\mathrm{\Omega}}$ The registrar may establish and maintain a file of negatives of photographs taken for the purposes of this section. (D)(C) Neither the registrar nor any deputy registrar shall issue a commercial driver's license to anyone under twenty-one years of age that does not have the characteristics prescribed by the registrar distinguishing it from the commercial driver's license issued to persons who are twenty-one years of age or older. (E)(D) Whoever violates division (D)(C) of this section is guilty of a minor misdemeanor. Sec. 4507.01. (A) As used in this chapter, "motor vehicle," "motorized bicycle," "state," "owner," "operator," "chauffeur," and "highways" have the same meanings as in section 4501.01 of the Revised Code.
"Driver's license" means a class D license issued to any person to operate a motor vehicle or motor-driven cycle, other than a commercial motor vehicle, and includes "probationary license," "restricted license," "limited term license," and any operator's or chauffeur's license issued before January 1, 1990. Except as otherwise specifically provided, "driver's license" includes an "enhanced driver's license."
"Enhanced driver's license" means a driver's license issued in accordance with sections 4507.021 and 4507.063 of the Revised Code that denotes citizenship and identity and is approved by the United States secretary of homeland security or other designated federal agency for purposes of entering the United States.
"Probationary license" means the license issued to any person between sixteen and eighteen years of age to operate a motor vehicle.
"Restricted license" means the license issued to any person to operate a motor vehicle subject to conditions or restrictions imposed by the registrar of motor vehicles.
"Commercial driver's license" means the license issued to a person under Chapter 4506. of the Revised Code to operate a commercial motor vehicle.
"Commercial motor vehicle" has the same meaning as in section 4506.01 of the Revised Code.
"Motorcycle operator's temporary instruction permit, license, or endorsement" includes a temporary instruction permit, license, or endorsement for a motor-driven cycle or motor scooter unless otherwise specified.
"Motorized bicycle license" means the license issued under section 4511.521 of the Revised Code to any person to operate a motorized bicycle including a "probationary motorized bicycle license."
"Probationary motorized bicycle license" means the license issued under section 4511.521 of the Revised Code to any person between fourteen and sixteen years of age to operate a motorized bicycle.
"Identification card" means a card issued under sections 4507.50 to 4507.52 of the Revised Code. Except as otherwise specifically provided, "identification card" includes an "enhanced identification card."
"Enhanced identification card" means an identification card issued in accordance with sections 4507.021 and 4507.511 of the Revised Code that denotes citizenship and identity and is approved by the United States secretary of homeland security or other designated federal agency for purposes of entering the United States.
"Resident" means a person who, in accordance with standards prescribed in rules adopted by the registrar, resides in this state on a permanent basis.
"Temporary resident" means a person who, in accordance with standards prescribed in rules adopted by the registrar, resides in this state on a temporary basis.
(B) In the administration of this chapter and Chapter 4506. of the Revised Code, the registrar has the same authority as is conferred on the registrar by section 4501.02 of the Revised Code. Any act of an authorized deputy registrar of motor vehicles under direction of the registrar is deemed the act of the registrar.
To carry out this chapter, the registrar shall appoint such deputy registrars in each county as are necessary.
The registrar also shall provide at each place where an application for a driver's or commercial driver's license or identification card may be made the necessary equipment to take a photograph of the applicant for such license or card as required under section 4506.11 or 4507.06 of the Revised Code, and to conduct the vision screenings required by section 4507.12 of the Revised Code.
The registrar shall assign one or more deputy registrars to any driver's license examining station operated under the supervision of the director of public safety, whenever the registrar considers such assignment possible. Space shall be provided in the driver's license examining station for any such deputy registrar so assigned. The deputy registrars shall not exercise the powers conferred by such sections upon the registrar, unless they are specifically authorized to exercise such powers by such sections.
(C) No agent for any insurance company, writing automobile insurance, shall be appointed deputy registrar, and any such appointment is void. No deputy registrar shall in any manner solicit any form of automobile insurance, nor in any manner advise, suggest, or influence any licensee or applicant for license for or against any kind or type of automobile insurance, insurance company, or agent, nor have the deputy registrar's office directly connected with the office of any automobile insurance agent, nor impart any information furnished by any applicant for a license or identification card to any person, except the registrar. This division shall not apply to any nonprofit corporation appointed deputy registrar.
(D) The registrar shall immediately remove a deputy registrar who violates the requirements of this chapter.
Sec. 4507.061. (A) The registrar of motor vehicles may authorize the online renewal of a driver's license, commercial driver's license, or identification card issued by the bureau of motor vehicles for eligible applicants. An applicant is eligible for online renewal if all of the following apply:
(1) The applicant's current driver's license, commercial driver's license, or identification card
was processed in person at a deputy registrar office. (2) The applicant has a photo on file with the bureau of motor vehicles from the applicant's
current driver's license, commercial driver's license, or identification card. (3) The applicant's current driver's license, commercial driver's license, or identification card
expires on the birthday of the applicant in the fourth year after the date it was issued. (4) The applicant is applying for a driver's license, commercial driver's license, or
identification card that expires on the birthday of the applicant in the fourth year after the date it is
issued. (5) The applicant's current driver's license, commercial driver's license, or identification card
is unexpired or expired not more than six months prior to the date of the application. (6) The applicant is a citizen or a permanent resident of the United States and a permanent
resident of this state. (7) The applicant's current driver's license, commercial driver's license, or identification card
was issue issued when the applicant was twenty-one years of age or older. (8) If the applicant is renewing a driver's license or commercial driver's license, the applicant
is less than sixty-five years of age. (9) The applicant's current driver's license, commercial driver's license, or driving privileges
are not suspended, canceled, revoked, or restricted, and the applicant is not otherwise prohibited by
law from obtaining a driver's license, commercial driver's license, or identification card. (10) The applicant has no changes to the applicant's name or personal information, other than
a change of address. (11) The applicant has no medical restrictions that would require the applicant to apply for a
driver's license, commercial driver's license, or identification card in person at a deputy registrar
office. The registrar shall determine the medical restrictions that require in person applications. (12) For a commercial driver's license, the applicant complies with all the requirements of
Chapter 4506. of the Revised Code, including self-certification and medical certificate requirements.
(13) For a commercial driver's license, the applicant is not under any restriction specified by any federal regulation. (B) An applicant may not submit an application online for any of the following: (1) A temporary instruction permit; (2) A commercial driver's license temporary instruction permit; (3) An initial issuance of an Ohio driver's license, commercial driver's license, or identification card; (4) An initial issuance of a federally compliant driver's license or identification card; (5) An initial issuance of an enhanced driver's license, commercial driver's license, or enhanced identification card; (6) An ignition interlock license; (7)(6) A limited term driver's license or nonrenewable commercial driver's license. (C) The registrar may require an applicant to provide a digital copy of any identification documents and supporting documents as required by statute or administrative rule to comply with current state and federal requirements. (D) Except as otherwise provided, an applicant shall comply with all other applicable laws related to the issuance of a driver's license, commercial driver's license, or identification card in order to renew a driver's license, commercial driver's license, or identification card under this section. (E) The registrar may adopt rules in accordance with Chapter 119. of the Revised Code to implement and administer this section. Sec. 4507.13. (A)(1) The registrar of motor vehicles shall issue a driver's license to every person licensed as an operator of motor vehicles other than commercial motor vehicles. No person licensed as a commercial motor vehicle driver under Chapter 4506. of the Revised Code need procure a driver's license, but no person shall drive any commercial motor vehicle unless licensed as a commercial motor vehicle driver.
(2) Every driver's license shall display all of the following information: (a) The distinguishing number assigned to the licensee; (b) The licensee's name and date of birth; (c) The licensee's residence address and county of residence; (d) A photograph of the licensee; (e) A brief description of the licensee for the purpose of identification; (f) A facsimile of the signature of the licensee as it appears on the application for the license; (g) A notation, in a manner prescribed by the registrar, indicating any condition described in
division (D)(3) of section 4507.08 of the Revised Code to which the licensee is subject; (h) If the licensee has executed a durable power of attorney for health care or a declaration
governing the use or continuation, or the withholding or withdrawal, of life-sustaining treatment and
has specified that the licensee wishes the license to indicate that the licensee has executed either type of instrument, any symbol chosen by the registrar to indicate that the licensee has executed either type of instrument;
(i) If the licensee has specified that the licensee wishes the license to indicate that the licensee is a veteran, active duty, or reservist of the armed forces of the United States and has presented a copy of the licensee's DD-214 form or an equivalent document, any symbol chosen by the registrar to indicate that the licensee is a veteran, active duty, or reservist of the armed forces of the United States;
(j) If the licensee is a noncitizen of the United States, a notation designating that the licensee is a noncitizen; (k) Any additional information that the registrar requires by rule. (3) No license shall display the licensee's social security number unless the licensee specifically requests that the licensee's social security number be displayed on the license. If federal law requires the licensee's social security number to be displayed on the license, the social security number shall be displayed on the license notwithstanding this section.
(4) The driver's license for licensees under twenty-one years of age shall have characteristics prescribed by the registrar distinguishing it from that issued to a licensee who is twenty-one years of age or older, except that a driver's license issued to a person who applies no more than thirty days before the applicant's twenty-first birthday shall have the characteristics of a license issued to a person who is twenty-one years of age or older.