As Reported by the House Transportation, Public Safety, and Homeland Security Committee

130th General Assembly Regular Session 2013-2014

H. B. No. 346

Representative Damschroder 

Cosponsors: Representatives Foley, Wachtmann, Brenner, Ruhl, Terhar, Hackett, Grossman, Smith, DeVitis, Barborak, Milkovich, Retherford, Rogers, Becker, Thompson, Celebrezze, Mallory, Green, Hagan, R., Johnson 

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A BILL

To amend sections 4506.01, 4506.11, 4507.01, 4507.13,

1

and 4507.52 and to enact sections 4506.072,

2

4507.021, 4507.061, and 4507.511 of the Revised

3

Code, to amend the version of section 4507.01 of

4

the Revised Code that is scheduled to take effect

5

January 1, 2017, to continue the provisions of

6

this act on and after that effective date, to

7

authorize the issuance of an enhanced driver's

8

license, enhanced commercial driver's license, and

9

enhanced identification card to facilitate land

10

and sea border crossings between the United States

11

and Canada and Mexico, pursuant to an agreement

12

with the United States Department of Homeland

13

Security.

14

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

Section 1. That sections 4506.01, 4506.11, 4507.01, 4507.13,	15
and 4507.52 be amended and sections 4506.072, 4507.021, 4507.061,	16
and 4507.511 of the Revised Code be enacted to read as follows:	17

Sec. 4506.01.  As used in this chapter:

18

(A) "Alcohol concentration" means the concentration of	19
alcohol in a person's blood, breath, or urine. When expressed as a	20
percentage, it means grams of alcohol per the following:	21

(1) One hundred milliliters of whole blood, blood serum, or	22
blood plasma;	23

(2) Two hundred ten liters of breath;

24

(3) One hundred milliliters of urine.

25

(B)(1) "Commercial driver's license" means a license issued	26
in accordance with this chapter that authorizes an individual to	27
drive a commercial motor vehicle. Except as otherwise specifically	28
provided, "commercial driver's license" includes "enhanced	29
commercial driver's license."	30

(2) "Enhanced commercial driver's license" means a commercial	31
driver's license issued in accordance with section 4506.072 of the	32
Revised Code that denotes citizenship and identity and is approved	33
by the United States secretary of homeland security for purposes	34
of entering the United States and that contains technology and	35
security features approved by the secretary of homeland security.	36

(C) "Commercial driver's license information system" means	37
the information system established pursuant to the requirements of	38
the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat.	39
3207-171, 49 U.S.C.A. App. 2701.	40

(D) Except when used in section 4506.25 of the Revised Code,	41
"commercial motor vehicle" means any motor vehicle designed or	42
used to transport persons or property that meets any of the	43
following qualifications:	44

(1) Any combination of vehicles with a combined gross vehicle	45
weight rating of twenty-six thousand one pounds or more, provided	46
the gross vehicle weight rating of the vehicle or vehicles being	47
towed is in excess of ten thousand pounds;	48

(2) Any single vehicle with a gross vehicle weight rating of	49
twenty-six thousand one pounds or more, or any such vehicle towing	50
a vehicle having a gross vehicle weight rating that is not in	51
excess of ten thousand pounds;	52

(3) Any single vehicle or combination of vehicles that is not	53
a class A or class B vehicle, but is designed to transport sixteen	54
or more passengers including the driver;	55

(4) Any school bus with a gross vehicle weight rating of less	56
than twenty-six thousand one pounds that is designed to transport	57
fewer than sixteen passengers including the driver;	58

(5) Is transporting hazardous materials for which placarding	59
is required under subpart F of 49 C.F.R. part 172, as amended;	60

(6) Any single vehicle or combination of vehicles that is	61
designed to be operated and to travel on a public street or	62
highway and is considered by the federal motor carrier safety	63
administration to be a commercial motor vehicle, including, but	64
not limited to, a motorized crane, a vehicle whose function is to	65
pump cement, a rig for drilling wells, and a portable crane.	66

(E) "Controlled substance" means all of the following:

67

(1) Any substance classified as a controlled substance under	68
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A.	69
802(6), as amended;	70

(2) Any substance included in schedules I through V of 21	71
C.F.R. part 1308, as amended;	72

(3) Any drug of abuse.

73

(F) "Conviction" means an unvacated adjudication of guilt or	74
a determination that a person has violated or failed to comply	75
with the law in a court of original jurisdiction or an authorized	76
administrative tribunal, an unvacated forfeiture of bail or	77
collateral deposited to secure the person's appearance in court, a	78
plea of guilty or nolo contendere accepted by the court, the	79
payment of a fine or court cost, or violation of a condition of	80
release without bail, regardless of whether or not the penalty is	81
rebated, suspended, or probated.	82

(G) "Disqualification" means any of the following:

83

(1) The suspension, revocation, or cancellation of a person's	84
privileges to operate a commercial motor vehicle;	85

(2) Any withdrawal of a person's privileges to operate a	86
commercial motor vehicle as the result of a violation of state or	87
local law relating to motor vehicle traffic control other than	88
parking, vehicle weight, or vehicle defect violations;	89

(3) A determination by the federal motor carrier safety	90
administration that a person is not qualified to operate a	91
commercial motor vehicle under 49 C.F.R. 391.	92

(H) "Downgrade" means any of the following, as applicable:

93

(1) A change in the commercial driver's license holder's	94
self-certified status as described in division (A)(2) of section	95
4506.10 of the Revised Code;	96

(2) A change to a lesser class of vehicle;

97

(3) Removal of commercial driver's license privileges from	98
the individual's driver's license.	99

(I) "Drive" means to drive, operate, or be in physical	100
control of a motor vehicle.	101

(J) "Driver" means any person who drives, operates, or is in	102
physical control of a commercial motor vehicle or is required to	103
have a commercial driver's license.	104

(K) "Driver's license" means a license issued by the bureau	105
of motor vehicles that authorizes an individual to drive.	106

(L) "Drug of abuse" means any controlled substance, dangerous	107
drug as defined in section 4729.01 of the Revised Code, or	108
over-the-counter medication that, when taken in quantities	109
exceeding the recommended dosage, can result in impairment of	110
judgment or reflexes.	111

(M) "Electronic device" includes a cellular telephone, a	112
personal digital assistant, a pager, a computer, and any other	113
device used to input, write, send, receive, or read text.	114

(N) "Eligible unit of local government" means a village,	115
township, or county that has a population of not more than three	116
thousand persons according to the most recent federal census.	117

(O) "Employer" means any person, including the federal	118
government, any state, and a political subdivision of any state,	119
that owns or leases a commercial motor vehicle or assigns a person	120
to drive such a motor vehicle.	121

(P) "Endorsement" means an authorization on a person's	122
commercial driver's license that is required to permit the person	123
to operate a specified type of commercial motor vehicle.	124

(Q) "Farm truck" means a truck controlled and operated by a	125
farmer for use in the transportation to or from a farm, for a	126
distance of not more than one hundred fifty miles, of products of	127
the farm, including livestock and its products, poultry and its	128
products, floricultural and horticultural products, and in the	129
transportation to the farm, from a distance of not more than one	130
hundred fifty miles, of supplies for the farm, including tile,	131
fence, and every other thing or commodity used in agricultural,	132
floricultural, horticultural, livestock, and poultry production,	133
and livestock, poultry, and other animals and things used for	134
breeding, feeding, or other purposes connected with the operation	135
of the farm, when the truck is operated in accordance with this	136
division and is not used in the operations of a motor carrier, as	137
defined in section 4923.01 of the Revised Code.	138

(R) "Fatality" means the death of a person as the result of a	139
motor vehicle accident occurring not more than three hundred	140
sixty-five days prior to the date of death.	141

(S) "Felony" means any offense under federal or state law	142
that is punishable by death or specifically classified as a felony	143
under the law of this state, regardless of the penalty that may be	144
imposed.	145

(T) "Foreign jurisdiction" means any jurisdiction other than	146
a state.	147

(U) "Gross vehicle weight rating" means the value specified	148
by the manufacturer as the maximum loaded weight of a single or a	149
combination vehicle. The gross vehicle weight rating of a	150
combination vehicle is the gross vehicle weight rating of the	151
power unit plus the gross vehicle weight rating of each towed	152
unit.	153

(V) "Hazardous materials" means any material that has been	154
designated as hazardous under 49 U.S.C. 5103 and is required to be	155
placarded under subpart F of 49 C.F.R. part 172 or any quantity of	156
a material listed as a select agent or toxin in 42 C.F.R. part 73,	157
as amended.	158

(W) "Imminent hazard" means the existence of a condition that	159
presents a substantial likelihood that death, serious illness,	160
severe personal injury, or a substantial endangerment to health,	161
property, or the environment may occur before the reasonably	162
foreseeable completion date of a formal proceeding begun to lessen	163
the risk of that death, illness, injury, or endangerment.	164

(X) "Medical variance" means one of the following received by	165
a driver from the federal motor carrier safety administration that	166
allows the driver to be issued a medical certificate:	167

(1) An exemption letter permitting operation of a commercial	168
motor vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;	169

(2) A skill performance evaluation certificate permitting	170
operation of a commercial motor vehicle pursuant to 49 C.F.R.	171
391.49.	172

(Y) "Motor vehicle" means a vehicle, machine, tractor,	173
trailer, or semitrailer propelled or drawn by mechanical power	174
used on highways, except that such term does not include a	175
vehicle, machine, tractor, trailer, or semitrailer operated	176
exclusively on a rail.	177

(Z) "Out-of-service order" means a declaration by an	178
authorized enforcement officer of a federal, state, local,	179
Canadian, or Mexican jurisdiction declaring that a driver,	180
commercial motor vehicle, or commercial motor carrier operation is	181
out of service as defined in 49 C.F.R. 390.5.	182

(AA) "Peace officer" has the same meaning as in section	183
2935.01 of the Revised Code.	184

(BB) "Portable tank" means a liquid or gaseous packaging	185
designed primarily to be loaded onto or temporarily attached to a	186
vehicle and equipped with skids, mountings, or accessories to	187
facilitate handling of the tank by mechanical means.	188

(CC) "Public safety vehicle" has the same meaning as in	189
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.	190

(DD) "Recreational vehicle" includes every vehicle that is	191
defined as a recreational vehicle in section 4501.01 of the	192
Revised Code and is used exclusively for purposes other than	193
engaging in business for profit.	194

(EE) "Residence" means any person's residence determined in	195
accordance with standards prescribed in rules adopted by the	196
registrar.	197

(FF) "School bus" has the same meaning as in section 4511.01	198
of the Revised Code.	199

(GG) "Serious traffic violation" means any of the following:

200

(1) A conviction arising from a single charge of operating a	201
commercial motor vehicle in violation of any provision of section	202
4506.03 of the Revised Code;	203

(2) A violation while operating a commercial motor vehicle of	204
a law of this state, or any municipal ordinance or county or	205
township resolution prohibiting texting while driving, or any	206
other substantially similar law of another state or political	207
subdivision of another state;	208

(3) A conviction arising from the operation of any motor	209
vehicle that involves any of the following:	210

(a) A single charge of any speed in excess of the posted	211
speed limit by fifteen miles per hour or more;	212

(b) Violation of section 4511.20 or 4511.201 of the Revised	213
Code or any similar ordinance or resolution, or of any similar law	214
of another state or political subdivision of another state;	215

(c) Violation of a law of this state or an ordinance or	216
resolution relating to traffic control, other than a parking	217
violation, or of any similar law of another state or political	218
subdivision of another state, that results in a fatal accident;	219

(d) Violation of section 4506.03 of the Revised Code or a	220
substantially similar municipal ordinance or county or township	221
resolution, or of any similar law of another state or political	222
subdivision of another state, that involves the operation of a	223
commercial motor vehicle without a valid commercial driver's	224
license with the proper class or endorsement for the specific	225
vehicle group being operated or for the passengers or type of	226
cargo being transported;	227

(e) Violation of section 4506.03 of the Revised Code or a	228
substantially similar municipal ordinance or county or township	229
resolution, or of any similar law of another state or political	230
subdivision of another state, that involves the operation of a	231
commercial motor vehicle without a valid commercial driver's	232
license being in the person's possession;	233

(f) Violation of section 4511.33 or 4511.34 of the Revised	234
Code, or any municipal ordinance or county or township resolution	235
substantially similar to either of those sections, or any	236
substantially similar law of another state or political	237
subdivision of another state;	238

(g) Violation of any other law of this state or an ordinance	239
or resolution relating to traffic control, other than a parking	240
violation, that is determined to be a serious traffic violation by	241
the United States secretary of transportation and the director	242
designates as such by rule.	243

(HH) "State" means a state of the United States and includes	244
the District of Columbia.	245

(II) "Tank vehicle" means any commercial motor vehicle that	246
is designed to transport any liquid and has a maximum capacity	247
greater than one hundred nineteen gallons or is designed to	248
transport gaseous materials and has a water capacity greater than	249
one thousand pounds within a tank that is either permanently or	250
temporarily attached to the vehicle or its chassis. "Tank vehicle"	251
does not include any of the following:	252

(1) Any portable tank having a rated capacity of less than	253
one thousand gallons;	254

(2) Tanks used exclusively as a fuel tank for the motor	255
vehicle to which it is attached;	256

(3) An empty storage container tank that is not designed for	257
transportation and that is readily distinguishable from a	258
transportation tank;	259

(4) Ready-mix concrete mixers.

260

(JJ) "Tester" means a person or entity acting pursuant to a	261
valid agreement entered into pursuant to division (B) of section	262
4506.09 of the Revised Code.	263

(KK) "Texting" means manually entering alphanumeric text	264
into, or reading text from, an electronic device. Texting includes	265
short message service, e-mail, instant messaging, a command or	266
request to access a world wide web page, or engaging in any other	267
form of electronic text retrieval or entry, for present or future	268
communication. Texting does not include the following:	269

(1) Reading, selecting, or entering a telephone number, an	270
extension number, or voicemail retrieval codes and commands into	271
an electronic device for the purpose of initiating or receiving a	272
telephone call or using voice commands to initiate or receive a	273
telephone call;	274

(2) Inputting, selecting, or reading information on a global	275
positioning system or navigation system.	276

(LL) "Texting while driving" means texting while operating a	277
commercial motor vehicle, with the motor running, including while	278
temporarily stationary because of traffic, a traffic control	279
device, or other momentary delays, but does not include operating	280
a commercial motor vehicle with or without the motor running when	281
the driver has moved the vehicle to the side of, or off, a highway	282
and is stopped in a location where the vehicle can safely remain	283
stationary.	284

(MM) "United States" means the fifty states and the District	285
of Columbia.	286

(NN) "Upgrade" means a change in the class of vehicles,	287
endorsements, or self-certified status as described in division	288
(A)(2) of section 4506.10 of the Revised Code, that expands the	289
ability of a current commercial driver's license holder to operate	290
commercial motor vehicles under this chapter;	291

(OO) "Vehicle" has the same meaning as in section 4511.01 of	292
the Revised Code.	293

Sec. 4506.072. (A) Pursuant to the memorandum of	294
understanding agreement between the director of public safety and	295
the United States department of homeland security or other	296
designated federal agency authorized by section 4507.021 of the	297
Revised Code, and in accordance with rules adopted by the	298
registrar of motor vehicles under that section, the registrar or a	299
deputy registrar shall issue an enhanced commercial driver's	300
license to an eligible applicant for such a license who does all	301
of the following:	302

(1) Provides satisfactory proof of the applicant's identity	303
and citizenship;	304

(2) Submits a biometric identifier as required by rule;

305

(3) Signs a declaration on a form prescribed by the registrar	306
acknowledging the use of the one-to-many biometric match and radio	307
frequency identification or other security features of the	308
license;	309

(4) Pays a fee of twenty-five dollars, in addition to	310
applicable fees in section 4506.08 of the Revised Code for	311
issuance of a commercial driver's license;	312

(5) Complies with all other conditions, qualifications, and	313
requirements for issuance of a commercial driver's license.	314

(B) All provisions in the Revised Code relating to commercial	315
drivers' licenses include and apply to an enhanced commercial	316
driver's license. An enhanced commercial driver's license may be	317
used in the same manner as a commercial driver's license and	318
additionally is approved by the United States secretary of	319
homeland security for purposes of entering the United States at	320
authorized land and sea ports.	321

Sec. 4506.11.  (A) Every commercial driver's license shall be	322
marked "commercial driver's license" or "CDL" and shall be of such	323
material and so designed as to prevent its reproduction or	324
alteration without ready detection, and, to this end, shall be	325
laminated with a transparent plastic material. The commercial	326
driver's license for licensees under twenty-one years of age shall	327
have characteristics prescribed by the registrar of motor vehicles	328
distinguishing it from that issued to a licensee who is twenty-one	329
years of age or older. Every commercial driver's license shall	330
display all of the following information:	331

(1) The name and residence address of the licensee;

332

(2) A color photograph of the licensee showing the licensee's	333
uncovered face;	334

(3) A physical description of the licensee, including sex,	335
height, weight, and color of eyes and hair;	336

(4) The licensee's date of birth;

337

(5) The licensee's social security number if the person has	338
requested that the number be displayed in accordance with section	339
4501.31 of the Revised Code or if federal law requires the social	340
security number to be displayed and any number or other identifier	341
the director of public safety considers appropriate and	342
establishes by rules adopted under Chapter 119. of the Revised	343
Code and in compliance with federal law;	344

(6) The licensee's signature;

345

(7) The classes of commercial motor vehicles the licensee is	346
authorized to drive and any endorsements or restrictions relating	347
to the licensee's driving of those vehicles;	348

(8) The name of this state;

349

(9) The dates of issuance and of expiration of the license;

350

(10) If the licensee has certified willingness to make an	351
anatomical gift under section 2108.05 of the Revised Code, any	352
symbol chosen by the registrar of motor vehicles to indicate that	353
the licensee has certified that willingness;	354

(11) If the licensee has executed a durable power of attorney	355
for health care or a declaration governing the use or	356
continuation, or the withholding or withdrawal, of life-sustaining	357
treatment and has specified that the licensee wishes the license	358
to indicate that the licensee has executed either type of	359
instrument, any symbol chosen by the registrar to indicate that	360
the licensee has executed either type of instrument;	361

(12) On and after October 7, 2009, if the licensee has	362
specified that the licensee wishes the license to indicate that	363
the licensee is a veteran, active duty, or reservist of the armed	364
forces of the United States and has presented a copy of the	365
licensee's DD-214 form or an equivalent document, any symbol	366
chosen by the registrar to indicate that the licensee is a	367
veteran, active duty, or reservist of the armed forces of the	368
United States;	369

(13) Any other information the registrar considers advisable	370
and requires by rule.	371

(B) Every enhanced driver's license shall have any additional	372
characteristics established by rule adopted under section 4507.021	373
of the Revised Code.	374

(C) The registrar may establish and maintain a file of	375
negatives of photographs taken for the purposes of this section.	376

(C)(D) Neither the registrar nor any deputy registrar shall	377
issue a commercial driver's license to anyone under twenty-one	378
years of age that does not have the characteristics prescribed by	379
the registrar distinguishing it from the commercial driver's	380
license issued to persons who are twenty-one years of age or	381
older.	382

(D)(E) Whoever violates division (C)(D) of this section is	383
guilty of a minor misdemeanor.	384

Sec. 4507.01.  (A) As used in this chapter, "motor vehicle,"	385
"motorized bicycle," "state," "owner," "operator," "chauffeur,"	386
and "highways" have the same meanings as in section 4501.01 of the	387
Revised Code.	388

"Driver's license" means a class D license issued to any	389
person to operate a motor vehicle or motor-driven cycle, other	390
than a commercial motor vehicle, and includes "probationary	391
license," "restricted license," and any operator's or chauffeur's	392
license issued before January 1, 1990. Except as otherwise	393
specifically provided, "driver's license" includes "enhanced	394
driver's license."	395

"Enhanced driver's license" means a driver's license issued	396
in accordance with sections 4507.021 and 4507.061 of the Revised	397
Code that denotes citizenship and identity and is approved by the	398
United States secretary of homeland security for purposes of	399
entering the United States and that contains technology and	400
security features approved by the secretary of homeland security.	401

"Probationary license" means the license issued to any person	402
between sixteen and eighteen years of age to operate a motor	403
vehicle.	404

"Restricted license" means the license issued to any person	405
to operate a motor vehicle subject to conditions or restrictions	406
imposed by the registrar of motor vehicles.	407

"Commercial driver's license" means the license issued to a	408
person under Chapter 4506. of the Revised Code to operate a	409
commercial motor vehicle.	410

"Commercial motor vehicle" has the same meaning as in section	411
4506.01 of the Revised Code.	412

"Motorized bicycle license" means the license issued under	413
section 4511.521 of the Revised Code to any person to operate a	414
motorized bicycle including a "probationary motorized bicycle	415
license."	416

"Probationary motorized bicycle license" means the license	417
issued under section 4511.521 of the Revised Code to any person	418
between fourteen and sixteen years of age to operate a motorized	419
bicycle.	420

"Identification card" means a card issued under sections	421
4507.50 and 4507.51 of the Revised Code. Except as otherwise	422
specifically provided, "identification card" includes "enhanced	423
identification card."	424

"Enhanced identification card" means an identification card	425
issued in accordance with section 4507.511 of the Revised Code	426
that denotes citizenship and identity and contains technology and	427
security features approved by the secretary of homeland security	428
and is approved by the secretary for purposes of entering the	429
United States.	430

"Resident" means a person who, in accordance with standards	431
prescribed in rules adopted by the registrar, resides in this	432
state on a permanent basis.	433

"Temporary resident" means a person who, in accordance with	434
standards prescribed in rules adopted by the registrar, resides in	435
this state on a temporary basis.	436

(B) In the administration of this chapter and Chapter 4506.	437
of the Revised Code, the registrar has the same authority as is	438
conferred on the registrar by section 4501.02 of the Revised Code.	439
Any act of an authorized deputy registrar of motor vehicles under	440
direction of the registrar is deemed the act of the registrar.	441

To carry out this chapter, the registrar shall appoint such	442
deputy registrars in each county as are necessary.	443

The registrar also shall provide at each place where an	444
application for a driver's or commercial driver's license or	445
identification card may be made the necessary equipment to take a	446
color photograph of the applicant for such license or card as	447
required under section 4506.11 or 4507.06 of the Revised Code, and	448
to conduct the vision screenings required by section 4507.12 of	449
the Revised Code, and equipment to laminate licenses, motorized	450
bicycle licenses, and identification cards as required by sections	451
4507.13, 4507.52, and 4511.521 of the Revised Code.	452

The registrar shall assign one or more deputy registrars to	453
any driver's license examining station operated under the	454
supervision of the director of public safety, whenever the	455
registrar considers such assignment possible. Space shall be	456
provided in the driver's license examining station for any such	457
deputy registrar so assigned. The deputy registrars shall not	458
exercise the powers conferred by such sections upon the registrar,	459
unless they are specifically authorized to exercise such powers by	460
such sections.	461

(C) No agent for any insurance company, writing automobile	462
insurance, shall be appointed deputy registrar, and any such	463
appointment is void. No deputy registrar shall in any manner	464
solicit any form of automobile insurance, nor in any manner	465
advise, suggest, or influence any licensee or applicant for	466
license for or against any kind or type of automobile insurance,	467
insurance company, or agent, nor have the deputy registrar's	468
office directly connected with the office of any automobile	469
insurance agent, nor impart any information furnished by any	470
applicant for a license or identification card to any person,	471
except the registrar. This division shall not apply to any	472
nonprofit corporation appointed deputy registrar.	473

(D) The registrar shall immediately remove a deputy registrar	474
who violates the requirements of this chapter.	475

(E) The registrar shall periodically solicit bids and enter	476
into a contract for the provision of laminating equipment and	477
laminating materials to the registrar and all deputy registrars.	478
The registrar shall not consider any bid that does not provide for	479
the supplying of both laminating equipment and laminating	480
materials. The laminating materials selected shall contain a	481
security feature so that any tampering with the laminating	482
material covering a license or identification card is readily	483
apparent. In soliciting bids and entering into a contract for the	484
provision of laminating equipment and laminating materials, the	485
registrar shall observe all procedures required by law.	486

Sec. 4507.021. (A)(1) The director of public safety shall	487
enter into a memorandum of understanding with the United States	488
department of homeland security or other designated federal agency	489
for the purpose of obtaining approval to issue an enhanced	490
driver's license, enhanced commercial driver's license, and	491
enhanced identification card acceptable as proof of identity and	492
citizenship for Ohio residents entering the United States at	493
authorized land and sea ports.	494

(2) In conjunction with the United States department of	495
homeland security or other designated federal agency, the director	496
of public safety may enter into an agreement with the United	497
Mexican States, Canada, or a Canadian province for the purpose of	498
implementing a border-crossing initiative.	499

(B) Pursuant to an agreement under division (A)(1) of this	500
section, the registrar of motor vehicles, subject to approval of	501
the director of public safety, shall adopt rules in accordance	502
with Chapter 119. of the Revised Code governing issuance of an	503
enhanced driver's license, enhanced commercial driver's license,	504
and enhanced identification card. The rules shall establish	505
acceptable proof of identity and citizenship for issuance of an	506
enhanced license or identification card. The rules shall establish	507
reasonable security measures to prevent counterfeiting and to	508
protect against unauthorized disclosure of personal information	509
that is contained in an enhanced license or identification card.	510
The rules may require a one-to-many biometric matching system for	511
identification purposes and may require use of radio frequency	512
identification technology or other secure technology acceptable to	513
the United States department of homeland security that is	514
encrypted or otherwise secure from unauthorized data access. The	515
rules may establish additional characteristics for an enhanced	516
license or identification card. The registrar may adopt any other	517
rules necessary to implement issuance of an enhanced driver's	518
license, enhanced commercial driver's license, and enhanced	519
identification card.	520

Sec. 4507.061. (A) Pursuant to the memorandum of	521
understanding agreement between the director of public safety and	522
the United States department of homeland security or other	523
designated federal agency authorized by section 4507.021 of the	524
Revised Code, and in accordance with rules adopted by the	525
registrar of motor vehicles under that section, the registrar or a	526
deputy registrar shall issue an enhanced driver's license to an	527
eligible applicant for such a license who does all of the	528
following:	529

(1) Provides satisfactory proof of the applicant's identity	530
and citizenship;	531

(2) Submits a biometric identifier as required by rule;

532

(3) Signs a declaration on a form prescribed by the registrar	533
acknowledging the use of the one-to-many biometric match and radio	534
frequency identification or other security features of the	535
license;	536

(4) Pays a fee of twenty-five dollars, in addition to	537
applicable fees in sections 4507.23 and 4507.24 of the Revised	538
Code for issuance of a driver's license;	539

(5) Complies with all other conditions, qualifications, and	540
requirements for issuance of a driver's license.	541

(B) All provisions in the Revised Code relating to drivers'	542
licenses include and apply to an enhanced driver's license. An	543
enhanced driver's license may be used in the same manner as a	544
driver's license and additionally is approved by the United States	545
secretary of homeland security for purposes of entering the United	546
States at authorized land and sea ports.	547

Sec. 4507.13.  (A) The registrar of motor vehicles shall	548
issue a driver's license to every person licensed as an operator	549
of motor vehicles other than commercial motor vehicles. No person	550
licensed as a commercial motor vehicle driver under Chapter 4506.	551
of the Revised Code need procure a driver's license, but no person	552
shall drive any commercial motor vehicle unless licensed as a	553
commercial motor vehicle driver.	554

Every driver's license shall display on it the distinguishing	555
number assigned to the licensee and shall display the licensee's	556
name and date of birth; the licensee's residence address and	557
county of residence; a color photograph of the licensee; a brief	558
description of the licensee for the purpose of identification; a	559
facsimile of the signature of the licensee as it appears on the	560
application for the license; a notation, in a manner prescribed by	561
the registrar, indicating any condition described in division	562
(D)(3) of section 4507.08 of the Revised Code to which the	563
licensee is subject; if the licensee has executed a durable power	564
of attorney for health care or a declaration governing the use or	565
continuation, or the withholding or withdrawal, of life-sustaining	566
treatment and has specified that the licensee wishes the license	567
to indicate that the licensee has executed either type of	568
instrument, any symbol chosen by the registrar to indicate that	569
the licensee has executed either type of instrument; on and after	570
October 7, 2009, if the licensee has specified that the licensee	571
wishes the license to indicate that the licensee is a veteran,	572
active duty, or reservist of the armed forces of the United States	573
and has presented a copy of the licensee's DD-214 form or an	574
equivalent document, any symbol chosen by the registrar to	575
indicate that the licensee is a veteran, active duty, or reservist	576
of the armed forces of the United States; and any additional	577
information that the registrar requires by rule. No license shall	578
display the licensee's social security number unless the licensee	579
specifically requests that the licensee's social security number	580
be displayed on the license. If federal law requires the	581
licensee's social security number to be displayed on the license,	582
the social security number shall be displayed on the license	583
notwithstanding this section.	584

The driver's license for licensees under twenty-one years of	585
age shall have characteristics prescribed by the registrar	586
distinguishing it from that issued to a licensee who is twenty-one	587
years of age or older, except that a driver's license issued to a	588
person who applies no more than thirty days before the applicant's	589
twenty-first birthday shall have the characteristics of a license	590
issued to a person who is twenty-one years of age or older.	591

The driver's license issued to a temporary resident shall	592
contain the word "nonrenewable" and shall have any additional	593
characteristics prescribed by the registrar distinguishing it from	594
a license issued to a resident.	595

Every enhanced driver's license shall have any additional	596
characteristics established by rule adopted under section 4507.021	597
of the Revised Code.	598

Every driver's or commercial driver's license displaying a	599
motorcycle operator's endorsement and every restricted license to	600
operate a motor vehicle also shall display the designation	601
"novice," if the endorsement or license is issued to a person who	602
is eighteen years of age or older and previously has not been	603
licensed to operate a motorcycle by this state or another	604
jurisdiction recognized by this state. The "novice" designation	605
shall be effective for one year after the date of issuance of the	606
motorcycle operator's endorsement or license.	607

Each license issued under this section shall be of such	608
material and so designed as to prevent its reproduction or	609
alteration without ready detection and, to this end, shall be	610
laminated with a transparent plastic material.	611

(B) Except in regard to a driver's license issued to a person	612
who applies no more than thirty days before the applicant's	613
twenty-first birthday, neither the registrar nor any deputy	614
registrar shall issue a driver's license to anyone under	615
twenty-one years of age that does not have the characteristics	616
prescribed by the registrar distinguishing it from the driver's	617
license issued to persons who are twenty-one years of age or	618
older.	619

(C) Whoever violates division (B) of this section is guilty	620
of a minor misdemeanor.	621

Sec. 4507.511. (A) Pursuant to the memorandum of	622
understanding agreement between the director of public safety and	623
the United States department of homeland security or other	624
designated federal agency authorized by section 4507.021 of the	625
Revised Code, and in accordance with rules adopted by the	626
registrar of motor vehicles under that section, the registrar or a	627
deputy registrar shall issue an enhanced identification card to an	628
eligible applicant for such a card who does all of the following:	629

(1) Provides satisfactory proof of the applicant's identity	630
and citizenship;	631

(2) Submits a biometric identifier as required by rule;

632

(3) Signs a declaration on a form prescribed by the registrar	633
acknowledging the use of the one-to-many biometric match and radio	634
frequency identification or other security features of the card;	635

(4) Pays a fee of twenty-five dollars, in addition to	636
applicable fees in section 4507.50 of the Revised Code for	637
issuance of an identification card;	638

(5) Complies with all other requirements for issuance of an	639
identification card.	640

(B) All provisions in the Revised Code relating to	641
identification cards issued under sections 4507.50 to 4507.52 of	642
the Revised Code include and apply to an enhanced identification	643
card. An enhanced identification card may be used in the same	644
manner as an identification card issued under sections 4507.50 to	645
4507.52 of the Revised Code and additionally is approved by the	646
United States secretary of homeland security for purposes of	647
entering the United States at authorized land and sea ports.	648

Sec. 4507.52.  (A) Each identification card issued by the	649
registrar of motor vehicles or a deputy registrar shall display a	650
distinguishing number assigned to the cardholder, and shall	651
display the following inscription:	652

"STATE OF OHIO IDENTIFICATION CARD	653

This card is not valid for the purpose of operating a motor	654
vehicle. It is provided solely for the purpose of establishing the	655
identity of the bearer described on the card, who currently is not	656
licensed to operate a motor vehicle in the state of Ohio."	657

The identification card shall display substantially the same	658
information as contained in the application and as described in	659
division (A)(1) of section 4507.51 of the Revised Code, but shall	660
not display the cardholder's social security number unless the	661
cardholder specifically requests that the cardholder's social	662
security number be displayed on the card. If federal law requires	663
the cardholder's social security number to be displayed on the	664
identification card, the social security number shall be displayed	665
on the card notwithstanding this section. The identification card	666
also shall display the color photograph of the cardholder. If the	667
cardholder has executed a durable power of attorney for health	668
care or a declaration governing the use or continuation, or the	669
withholding or withdrawal, of life-sustaining treatment and has	670
specified that the cardholder wishes the identification card to	671
indicate that the cardholder has executed either type of	672
instrument, the card also shall display any symbol chosen by the	673
registrar to indicate that the cardholder has executed either type	674
of instrument. On and after October 7, 2009, if the cardholder has	675
specified that the cardholder wishes the identification card to	676
indicate that the cardholder is a veteran, active duty, or	677
reservist of the armed forces of the United States and has	678
presented a copy of the cardholder's DD-214 form or an equivalent	679
document, the card also shall display any symbol chosen by the	680
registrar to indicate that the cardholder is a veteran, active	681
duty, or reservist of the armed forces of the United States. The	682
card shall be sealed in transparent plastic or similar material	683
and shall be so designed as to prevent its reproduction or	684
alteration without ready detection.	685

The identification card for persons under twenty-one years of	686
age shall have characteristics prescribed by the registrar	687
distinguishing it from that issued to a person who is twenty-one	688
years of age or older, except that an identification card issued	689
to a person who applies no more than thirty days before the	690
applicant's twenty-first birthday shall have the characteristics	691
of an identification card issued to a person who is twenty-one	692
years of age or older.	693

Every enhanced identification card shall have any additional	694
characteristics established by rule adopted under section 4507.021	695
of the Revised Code.	696

Every identification card issued to a resident of this state	697
shall expire, unless canceled or surrendered earlier, on the	698
birthday of the cardholder in the fourth year after the date on	699
which it is issued. Every identification card issued to a	700
temporary resident shall expire in accordance with rules adopted	701
by the registrar and is nonrenewable, but may be replaced with a	702
new identification card upon the applicant's compliance with all	703
applicable requirements. A cardholder may renew the cardholder's	704
identification card within ninety days prior to the day on which	705
it expires by filing an application and paying the prescribed fee	706
in accordance with section 4507.50 of the Revised Code.	707

If a cardholder applies for a driver's or commercial driver's	708
license in this state or another licensing jurisdiction, the	709
cardholder shall surrender the cardholder's identification card to	710
the registrar or any deputy registrar before the license is	711
issued.	712

(B) If a card is lost, destroyed, or mutilated, the person to	713
whom the card was issued may obtain a duplicate by doing both of	714
the following:	715

(1) Furnishing suitable proof of the loss, destruction, or	716
mutilation to the registrar or a deputy registrar;	717

(2) Filing an application and presenting documentary evidence	718
under section 4507.51 of the Revised Code.	719

Any person who loses a card and, after obtaining a duplicate,	720
finds the original, immediately shall surrender the original to	721
the registrar or a deputy registrar.	722

A cardholder may obtain a replacement identification card	723
that reflects any change of the cardholder's name by furnishing	724
suitable proof of the change to the registrar or a deputy	725
registrar and surrendering the cardholder's existing card.	726

When a cardholder applies for a duplicate or obtains a	727
replacement identification card, the cardholder shall pay a fee of	728
two dollars and fifty cents. A deputy registrar shall be allowed	729
an additional fee of two dollars and seventy-five cents commencing	730
on July 1, 2001, three dollars and twenty-five cents commencing on	731
January 1, 2003, and three dollars and fifty cents commencing on	732
January 1, 2004, for issuing a duplicate or replacement	733
identification card. A disabled veteran who is a cardholder and	734
has a service-connected disability rated at one hundred per cent	735
by the veterans' administration may apply to the registrar or a	736
deputy registrar for the issuance of a duplicate or replacement	737
identification card without payment of any fee prescribed in this	738
section, and without payment of any lamination fee if the disabled	739
veteran would not be required to pay a lamination fee in	740
connection with the issuance of an identification card or	741
temporary identification card as provided in division (B) of	742
section 4507.50 of the Revised Code.	743

A duplicate or replacement identification card shall expire	744
on the same date as the card it replaces.	745

(C) The registrar shall cancel any card upon determining that	746
the card was obtained unlawfully, issued in error, or was altered.	747
The registrar also shall cancel any card that is surrendered to	748
the registrar or to a deputy registrar after the holder has	749
obtained a duplicate, replacement, or driver's or commercial	750
driver's license.	751

(D)(1) No agent of the state or its political subdivisions	752
shall condition the granting of any benefit, service, right, or	753
privilege upon the possession by any person of an identification	754
card. Nothing in this section shall preclude any publicly operated	755
or franchised transit system from using an identification card for	756
the purpose of granting benefits or services of the system.	757

(2) No person shall be required to apply for, carry, or	758
possess an identification card.	759

(E) Except in regard to an identification card issued to a	760
person who applies no more than thirty days before the applicant's	761
twenty-first birthday, neither the registrar nor any deputy	762
registrar shall issue an identification card to a person under	763
twenty-one years of age that does not have the characteristics	764
prescribed by the registrar distinguishing it from the	765
identification card issued to persons who are twenty-one years of	766
age or older.	767

(F) Whoever violates division (E) of this section is guilty	768
of a minor misdemeanor.	769

Section 2. That existing sections 4506.01, 4506.11, 4507.01,	770
4507.13, and 4507.52 of the Revised Code are hereby repealed.	771

Section 3. That the version of section 4507.01 of the Revised	772
Code that is scheduled to take effect January 1, 2017, be amended	773
to read as follows:	774

Sec. 4507.01.  (A) As used in this chapter, "motor vehicle,"	775
"motorized bicycle," "state," "owner," "operator," "chauffeur,"	776
and "highways" have the same meanings as in section 4501.01 of the	777
Revised Code.	778

"Driver's license" means a class D license issued to any	779
person to operate a motor vehicle or motor-driven cycle, other	780
than a commercial motor vehicle, and includes "probationary	781
license," "restricted license," and any operator's or chauffeur's	782
license issued before January 1, 1990. Except as otherwise	783
specifically provided, "driver's license" includes "enhanced	784
driver's license."	785

"Enhanced driver's license" means a driver's license issued	786
in accordance with sections 4507.021 and 4507.061 of the Revised	787
Code that denotes citizenship and identity and is approved by the	788
United States secretary of homeland security for purposes of	789
entering the United States and that contains technology and	790
security features approved by the secretary of homeland security.	791

"Probationary license" means the license issued to any person	792
between sixteen and eighteen years of age to operate a motor	793
vehicle.	794

"Restricted license" means the license issued to any person	795
to operate a motor vehicle subject to conditions or restrictions	796
imposed by the registrar of motor vehicles.	797

"Commercial driver's license" means the license issued to a	798
person under Chapter 4506. of the Revised Code to operate a	799
commercial motor vehicle.	800

"Commercial motor vehicle" has the same meaning as in section	801
4506.01 of the Revised Code.	802

"Motorcycle operator's temporary instruction permit, license,	803
or endorsement" includes a temporary instruction permit, license,	804
or endorsement for a motor-driven cycle or motor scooter unless	805
otherwise specified.	806

"Motorized bicycle license" means the license issued under	807
section 4511.521 of the Revised Code to any person to operate a	808
motorized bicycle including a "probationary motorized bicycle	809
license."	810

"Probationary motorized bicycle license" means the license	811
issued under section 4511.521 of the Revised Code to any person	812
between fourteen and sixteen years of age to operate a motorized	813
bicycle.	814

"Identification card" means a card issued under sections	815
4507.50 and 4507.51 of the Revised Code. Except as otherwise	816
specifically provided, "identification card" includes "enhanced	817
identification card."	818

"Enhanced identification card" means an identification card	819
issued in accordance with section 4507.511 of the Revised Code	820
that denotes citizenship and identity and contains technology and	821
security features approved by the secretary of homeland security	822
and is approved by the secretary for purposes of entering the	823
United States.	824

"Resident" means a person who, in accordance with standards	825
prescribed in rules adopted by the registrar, resides in this	826
state on a permanent basis.	827

"Temporary resident" means a person who, in accordance with	828
standards prescribed in rules adopted by the registrar, resides in	829
this state on a temporary basis.	830

(B) In the administration of this chapter and Chapter 4506.	831
of the Revised Code, the registrar has the same authority as is	832
conferred on the registrar by section 4501.02 of the Revised Code.	833
Any act of an authorized deputy registrar of motor vehicles under	834
direction of the registrar is deemed the act of the registrar.	835

To carry out this chapter, the registrar shall appoint such	836
deputy registrars in each county as are necessary.	837

The registrar also shall provide at each place where an	838
application for a driver's or commercial driver's license or	839
identification card may be made the necessary equipment to take a	840
color photograph of the applicant for such license or card as	841
required under section 4506.11 or 4507.06 of the Revised Code, and	842
to conduct the vision screenings required by section 4507.12 of	843
the Revised Code, and equipment to laminate licenses, motorized	844
bicycle licenses, and identification cards as required by sections	845
4507.13, 4507.52, and 4511.521 of the Revised Code.	846

The registrar shall assign one or more deputy registrars to	847
any driver's license examining station operated under the	848
supervision of the director of public safety, whenever the	849
registrar considers such assignment possible. Space shall be	850
provided in the driver's license examining station for any such	851
deputy registrar so assigned. The deputy registrars shall not	852
exercise the powers conferred by such sections upon the registrar,	853
unless they are specifically authorized to exercise such powers by	854
such sections.	855

(C) No agent for any insurance company, writing automobile	856
insurance, shall be appointed deputy registrar, and any such	857
appointment is void. No deputy registrar shall in any manner	858
solicit any form of automobile insurance, nor in any manner	859
advise, suggest, or influence any licensee or applicant for	860
license for or against any kind or type of automobile insurance,	861
insurance company, or agent, nor have the deputy registrar's	862
office directly connected with the office of any automobile	863
insurance agent, nor impart any information furnished by any	864
applicant for a license or identification card to any person,	865
except the registrar. This division shall not apply to any	866
nonprofit corporation appointed deputy registrar.	867

(D) The registrar shall immediately remove a deputy registrar	868
who violates the requirements of this chapter.	869

(E) The registrar shall periodically solicit bids and enter	870
into a contract for the provision of laminating equipment and	871
laminating materials to the registrar and all deputy registrars.	872
The registrar shall not consider any bid that does not provide for	873
the supplying of both laminating equipment and laminating	874
materials. The laminating materials selected shall contain a	875
security feature so that any tampering with the laminating	876
material covering a license or identification card is readily	877
apparent. In soliciting bids and entering into a contract for the	878
provision of laminating equipment and laminating materials, the	879
registrar shall observe all procedures required by law.	880

Section 4. That the existing version of section 4507.01 of	881
the Revised Code that is scheduled to take effect January 1, 2017,	882
is hereby repealed.	883

Section 5. Sections 3 and 4 of this act shall take effect	884
January 1, 2017.	885