Bill Text: OH HB6 | 2011-2012 | 129th General Assembly | Introduced

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Bill Title: Generally to require deputy registrars to accept debit cards by automated teller machines, and to allow deputy registrars to accept debit cards and credit cards by other means, for all state-related transactions they process.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-01-11 - To State Government & Elections [HB6 Detail]

Download: Ohio-2011-HB6-Introduced.html

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As Introduced

129th General Assembly Regular Session 2011-2012

H. B. No. 6

Representative Huffman 

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A BILL

To amend section 4503.102 of the Revised Code

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generally to require deputy registrars to accept

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debit cards by automated teller machines, and to

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allow deputy registrars to accept debit cards and

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credit cards by other means, for all state-related

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transactions they process.

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

Section 1. That section 4503.102 of the Revised Code be	7
amended to read as follows:	8

Sec. 4503.102.  (A) The registrar of motor vehicles shall	9
adopt rules to establish a centralized system of motor vehicle	10
registration renewal by mail or by electronic means. Any person	11
owning a motor vehicle that was registered in the person's name	12
during the preceding registration year shall renew the	13
registration of the motor vehicle not more than ninety days prior	14
to the expiration date of the registration either by mail or by	15
electronic means through the centralized system of registration	16
established under this section, or in person at any office of the	17
registrar or at a deputy registrar's office.	18

(B)(1) No less than forty-five days prior to the expiration	19
date of any motor vehicle registration, the registrar shall mail a	20
renewal notice to the person in whose name the motor vehicle is	21
registered. The renewal notice shall clearly state that the	22
registration of the motor vehicle may be renewed by mail or	23
electronic means through the centralized system of registration or	24
in person at any office of the registrar or at a deputy	25
registrar's office and shall be preprinted with information	26
including, but not limited to, the owner's name and residence	27
address as shown in the records of the bureau of motor vehicles, a	28
brief description of the motor vehicle to be registered, notice of	29
the license taxes and fees due on the motor vehicle, the toll-free	30
telephone number of the registrar as required under division	31
(D)(1) of section 4503.031 of the Revised Code, and any additional	32
information the registrar may require by rule. The renewal notice	33
shall not include the social security number of either the owner	34
of the motor vehicle or the person in whose name the motor vehicle	35
is registered. The renewal notice shall be sent by regular mail to	36
the owner's last known address as shown in the records of the	37
bureau of motor vehicles.	38

(2) If the application for renewal of the registration of a	39
motor vehicle is prohibited from being accepted by the registrar	40
or a deputy registrar by division (D) of section 2935.27, division	41
(A) of section 2937.221, division (A) of section 4503.13, division	42
(B) of section 4510.22, or division (B)(1) of section 4521.10 of	43
the Revised Code, the registrar is not required to send a renewal	44
notice to the vehicle owner or vehicle lessee.	45

(C) The owner of the motor vehicle shall verify the	46
information contained in the notice, sign it either manually or by	47
electronic means, and return it, either by mail or electronic	48
means, or the owner may take it in person to any office of the	49
registrar or of a deputy registrar, together with a financial	50
transaction device number, when permitted by rule of the	51
registrar, check, or money order in the amount of the registration	52
taxes and fees payable on the motor vehicle and a mail fee of two	53
dollars and seventy-five cents commencing on July 1, 2001, three	54
dollars and twenty-five cents commencing on January 1, 2003, and	55
three dollars and fifty cents commencing on January 1, 2004, plus	56
postage as indicated on the notice, if the registration is renewed	57
by mail, and an inspection certificate for the motor vehicle as	58
provided in section 3704.14 of the Revised Code. If the motor	59
vehicle owner chooses to renew the motor vehicle registration by	60
electronic means, the owner shall proceed in accordance with the	61
rules the registrar adopts.	62

(D) If all registration and transfer fees for the motor	63
vehicle for the preceding year or the preceding period of the	64
current registration year have not been paid, if division (D) of	65
section 2935.27, division (A) of section 2937.221, division (A) of	66
section 4503.13, division (B) of section 4510.22, or division	67
(B)(1) of section 4521.10 of the Revised Code prohibits acceptance	68
of the renewal notice, or if the owner or lessee does not have an	69
inspection certificate for the motor vehicle as provided in	70
section 3704.14 of the Revised Code, if that section is	71
applicable, the license shall be refused, and the registrar or	72
deputy registrar shall so notify the owner. This section does not	73
require the payment of license or registration taxes on a motor	74
vehicle for any preceding year, or for any preceding period of a	75
year, if the motor vehicle was not taxable for that preceding year	76
or period under section 4503.02, 4503.04, 4503.11, 4503.12, or	77
4503.16 or Chapter 4504. of the Revised Code.	78

(E)(1) Failure to receive a renewal notice does not relieve a	79
motor vehicle owner from the responsibility to renew the	80
registration for the motor vehicle. Any person who has a motor	81
vehicle registered in this state and who does not receive a	82
renewal notice as provided in division (B) of this section prior	83
to the expiration date of the registration shall request an	84
application for registration from the registrar or a deputy	85
registrar and sign the application manually or by electronic means	86
and submit the application and pay any applicable license taxes	87
and fees to the registrar or deputy registrar.	88

(2) If the owner of a motor vehicle submits an application	89
for registration and the registrar is prohibited by division (D)	90
of section 2935.27, division (A) of section 2937.221, division (A)	91
of section 4503.13, division (B) of section 4510.22, or division	92
(B)(1) of section 4521.10 of the Revised Code from accepting the	93
application, the registrar shall return the application and the	94
payment to the owner. If the owner of a motor vehicle submits a	95
registration renewal application to the registrar by electronic	96
means and the registrar is prohibited from accepting the	97
application as provided in this division, the registrar shall	98
notify the owner of this fact and deny the application and return	99
the payment or give a credit on the financial transaction device	100
account of the owner in the manner the registrar prescribes by	101
rule adopted pursuant to division (A) of this section.	102

(F) Every deputy registrar shall post in a prominent place at	103
the deputy's office a notice informing the public of the mail	104
registration system required by this section and also shall post a	105
notice that every owner of a motor vehicle and every chauffeur	106
holding a certificate of registration is required to notify the	107
registrar in writing of any change of residence within ten days	108
after the change occurs. The notice shall be in such form as the	109
registrar prescribes by rule.	110

(G) The two dollars and seventy-five cents fee collected from	111
July 1, 2001, through December 31, 2002, the three dollars and	112
twenty-five cents fee collected from January 1, 2003, through	113
December 31, 2003, and the three dollars and fifty cents fee	114
collected after January 1, 2004, plus postage and any financial	115
transaction device surcharge collected by the registrar for	116
registration by mail, shall be paid to the credit of the state	117
bureau of motor vehicles fund established by section 4501.25 of	118
the Revised Code.	119

(H)(1) Pursuant to section 113.40 of the Revised Code, the	120
registrar may implement a program permitting payment of motor	121
vehicle registration taxes and fees, driver's license and	122
commercial driver's license fees, and any other taxes, fees,	123
penalties, or charges imposed or levied by the state by means of a	124
financial transaction device. The registrar may adopt rules as	125
necessary for this purpose.	126

(2) Commencing(a) Except as otherwise provided in division	127
(H)(2)(c) of this section, commencing with deputy registrar	128
contract awards that have a start date of July 1, 20082012, and	129
for all contract awards thereafter, the registrar shall	130
incorporate in the review process a score for whether or not a	131
proposer states that the proposer willrequire all deputy	132
registrars to accept payment by means of a financial transaction	133
device, including credit cards and debit cards through the use of	134
a deputy-supplied cash or cashless automated teller machine, for	135
allany department of public safety transactions conducted at	136
thatby the deputy registrar location. The bureau of motor	137
vehicles shall not be required to pay any costs associated with	138
the use of the automated teller machine. The deputy registrar	139
shall not be required to pay any additional fees or expenses	140
except as permitted to be in full compliance with all federal and	141
state laws, including the "Truth in Lending Act," 82 Stat. 146	142
(1968), 15 U.S.C 1601, or those that are related to the setup or	143
maintenance of the automated teller machine. Customers of the	144
bureau shall not be required to pay any additional fees or	145
expenses except as permitted to be in full compliance with all	146
federal and state laws, including the "Truth in Lending Act."	147

A deputy registrar shall not be required to accept payment by	148
means of a financial transaction device unless the deputy	149
registrar agreed to do so in the deputy registrar's contract. The	150
bureau shall not be required to pay any costs incurred by a deputy	151
registrar who accepts payment by means of a financial transaction	152
device that result from the deputy registrar accepting payment by	153
means of a financial transaction device.	154

(b) The registrar may permit any deputy registrar to accept	155
credit cards and debit cards by an over-the-counter method in lieu	156
of the cash or cashless automated teller machine. The bureau of	157
motor vehicles shall not be required to pay any costs associated	158
with the use of the over-the-counter method. Customers of the	159
bureau and the deputy registrar shall not be required to pay any	160
additional fees or expenses except as permitted to be in full	161
compliance with all federal and state laws, including the "Truth	162
in Lending Act."	163

(c) The registrar may exempt a deputy registrar from	164
accepting payments by means of debit cards through the use of a	165
deputy-supplied cash or cashless automated teller machine under	166
division (H)(2)(a) of this section if the registrar determines	167
that the deputy registrar location does not meet a specified	168
annual transaction threshold the registrar determines, if there	169
are existing automated teller machines readily available in a	170
location relative to the deputy registrar's office, or for any	171
other reason the registrar determines.	172

(3) A county auditor or clerk of a court of common pleas that	173
is designated a deputy registrar may choose to accept payment by	174
means of a financial transaction device, including credit cards	175
and debit cards, for all department of public safety transactions	176
conducted at the office of the county auditor or clerk of a court	177
of common pleas in the county auditor's or clerk's capacity as	178
deputy registrar. The bureau shall not be required to pay any	179
costs incurred by a county auditor or clerk of a court of common	180
pleas who accepts payment by means of a financial transaction	181
device that result from the county auditor accepting payment by	182
means of a financial transaction device for any such department of	183
public safety transaction.	184

(I) For persons who reside in counties where tailpipe	185
emissions inspections are required under the motor vehicle	186
inspection and maintenance program, the notice required by	187
division (B) of this section shall also include the toll-free	188
telephone number maintained by the Ohio environmental protection	189
agency to provide information concerning the locations of	190
emissions testing centers.	191

Section 2. That existing section 4503.102 of the Revised Code	192
is hereby repealed.	193

Section 3.  Section 4503.102 of the Revised Code is presented	194
in this act as a composite of the section as amended by both H.B.	195
13 and Am. Sub. H.B. 119 of the 127th General Assembly. The	196
General Assembly, applying the principle stated in division (B) of	197
section 1.52 of the Revised Code that amendments are to be	198
harmonized if reasonably capable of simultaneous operation, finds	199
that the composite is the resulting version of the section in	200
effect prior to the effective date of the section as presented in	201
this act.	202