Bill Text: OH SB204 | 2013-2014 | 130th General Assembly | Introduced

Ohio Senate Bill 204 (Prior Session Legislation)

Introduced

Bill Title: That is scheduled to take effect January 1, 2017, to continue the provisions of this act after that effective date.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2013-10-09 - To State Government Oversight & Reform [SB204 Detail]

Download: Ohio-2013-SB204-Introduced.html

As Introduced

130th General Assembly

Regular Session

2013-2014

S. B. No. 204

Senator Kearney

Cosponsors: Senators Brown, Gentile, Tavares

A BILL

To amend sections 4507.06, 4507.12, and 4507.21 and

to enact section 4507.092 of the Revised Code to

allow for driver's license renewal online every

other renewal period, to exempt such renewals from

the vision screening and photograph requirements,

and to amend the version of section 4507.06 of the

Revised Code that is scheduled to take effect

January 1, 2017, to continue the provisions of

this act after that effective date.

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

Section 1. That sections 4507.06, 4507.12, and 4507.21 be	10
amended and section 4507.092 of the Revised Code be enacted to	11
read as follows:	12

Sec. 4507.06. (A)(1) Every application for a driver's	13
license or motorcycle operator's license or endorsement, or	14
duplicate of any such license or endorsement, shall be made upon	15
the approved form furnished by the registrar of motor vehicles and	16
shall be signed by the applicant.	17

Every application shall state the following:

(a) The applicant's name, date of birth, social security	19
number if such has been assigned, sex, general description,	20
including height, weight, color of hair, and eyes, residence	21
address, including county of residence, duration of residence in	22
this state, and country of citizenship;	23

(b) Whether the applicant previously has been licensed as an	24
operator, chauffeur, driver, commercial driver, or motorcycle	25
operator and, if so, when, by what state, and whether such license	26
is suspended or canceled at the present time and, if so, the date	27
of and reason for the suspension or cancellation;	28

(c) Whether the applicant is now or ever has been afflicted	29
with epilepsy, or whether the applicant now is suffering from any	30
physical or mental disability or disease and, if so, the nature	31
and extent of the disability or disease, giving the names and	32
addresses of physicians then or previously in attendance upon the	33
applicant;	34

(d) Whether an applicant for a duplicate driver's license, or	35
duplicate license containing a motorcycle operator endorsement has	36
pending a citation for violation of any motor vehicle law or	37
ordinance, a description of any such citation pending, and the	38
date of the citation;	39

(e) Whether the applicant wishes to certify willingness to	40
make an anatomical gift under section 2108.05 of the Revised Code,	41
which shall be given no consideration in the issuance of a license	42
or endorsement;	43

(f) Whether the applicant has executed a valid durable power	44
of attorney for health care pursuant to sections 1337.11 to	45
1337.17 of the Revised Code or has executed a declaration	46
governing the use or continuation, or the withholding or	47
withdrawal, of life-sustaining treatment pursuant to sections	48
2133.01 to 2133.15 of the Revised Code and, if the applicant has	49
executed either type of instrument, whether the applicant wishes	50
the applicant's license to indicate that the applicant has	51
executed the instrument;	52

(g) On and after October 7, 2009, whether the applicant is a	53
veteran, active duty, or reservist of the armed forces of the	54
United States and, if the applicant is such, whether the applicant	55
wishes the applicant's license to indicate that the applicant is a	56
veteran, active duty, or reservist of the armed forces of the	57
United States by a military designation on the license.	58

(2) ~~Every~~Except as provided in division (A) of section	59
4507.092 of the Revised Code, every applicant for a driver's	60
license shall be photographed in color at the time the application	61
for the license is made. The application shall state any	62
additional information that the registrar requires.	63

(B) The registrar or a deputy registrar, in accordance with	64
section 3503.11 of the Revised Code, shall register as an elector	65
any person who applies for a driver's license or motorcycle	66
operator's license or endorsement under division (A) of this	67
section, or for a renewal or duplicate of the license or	68
endorsement, if the applicant is eligible and wishes to be	69
registered as an elector. The decision of an applicant whether to	70
register as an elector shall be given no consideration in the	71
decision of whether to issue the applicant a license or	72
endorsement, or a renewal or duplicate.	73

(C) The registrar or a deputy registrar, in accordance with	74
section 3503.11 of the Revised Code, shall offer the opportunity	75
of completing a notice of change of residence or change of name to	76
any applicant for a driver's license or endorsement under division	77
(A) of this section, or for a renewal or duplicate of the license	78
or endorsement, if the applicant is a registered elector who has	79
changed the applicant's residence or name and has not filed such a	80
notice.	81

(D) In addition to any other information it contains, on and	82
after October 7, 2009, the approved form furnished by the	83
registrar of motor vehicles for an application for a driver's	84
license or motorcycle operator's license or endorsement or an	85
application for a duplicate of any such license or endorsement	86
shall inform applicants that the applicant must present a copy of	87
the applicant's DD-214 or an equivalent document in order to	88
qualify to have the license or duplicate indicate that the	89
applicant is a veteran, active duty, or reservist of the armed	90
forces of the United States based on a request made pursuant to	91
division (A)(1)(g) of this section.	92

Sec. 4507.092. (A) Not later than December 31, 2013, the	93
registrar of motor vehicles shall adopt rules in accordance with	94
Chapter 119. of the Revised Code to establish a program to accept	95
driver's license renewal applications electronically over the	96
internet. The program shall permit an applicant to renew the	97
applicant's driver's license electronically over the internet	98
every other renewal period. When renewing a driver's license	99
electronically over the internet, an applicant is not subject to	100
the photograph requirement under division (A)(2) of section	101
4507.06 of the Revised Code or the vision screening requirement	102
under section 4507.12 of the Revised Code.	103

(B) The internet registration program shall require the	104
payment of all applicable driver's license renewal fees, except	105
the vision screening fee under division (A)(1) of section 4507.24	106
of the Revised Code, by the use of a financial transaction device.	107
In providing for payment by the use of a financial transaction	108
device, the registrar shall comply with section 113.40 of the	109
Revised Code. All fees associated with payment by use of a	110
financial transaction device shall be borne by the applicant	111
seeking the license renewal under the program established pursuant	112
to division (A) of this section. The bureau shall not pay any	113
costs, and shall not retain any additional fees, associated with	114
the use of a financial transaction device.	115

(C) As used in this section, "financial transaction device"	116
has the same meaning as in section 113.40 of the Revised Code.	117

Sec. 4507.12. (A) Except as provided in division (C) of	118
section 4507.10 or division (A) of section 4507.092 of the Revised	119
Code, each person applying for the renewal of a driver's license	120
shall submit to a screening of the person's vision before the	121
license may be renewed. The vision screening shall be conducted at	122
the office of the deputy registrar receiving the application for	123
license renewal.	124

(B) When the results of a vision screening given under	125
division (A) of this section indicate that the vision of the	126
person examined meets the standards required for licensing, the	127
deputy registrar may renew the person's driver's license at that	128
time.	129

(C) When the results of a vision screening given under	130
division (A) of this section indicate that the vision of the	131
person screened may not meet the standards required for licensing,	132
the deputy registrar shall not renew the person's driver's license	133
at that time but shall refer the person to a driver's license	134
examiner appointed by the director of public safety under section	135
5502.05 of the Revised Code for a further examination of the	136
person's vision. When a person referred to a driver's license	137
examiner by a deputy registrar does not meet the vision standards	138
required for licensing, the driver's license examiner shall retain	139
the person's operator's or chauffeur's license and shall	140
immediately notify the registrar of motor vehicles of that fact.	141
No driver's license shall be issued to any such person, until the	142
person's vision is corrected to meet the standards required for	143
licensing and the person passes the vision screening required by	144
this section. Any person who operates a motor vehicle on a	145
highway, or on any public or private property used by the public	146
for purposes of vehicular travel or parking, during the time the	147
person's driver's license is held by a driver's license examiner	148
under this division, shall be deemed to be operating a motor	149
vehicle in violation of division (A) of section 4510.12 of the	150
Revised Code.	151

(D) The registrar shall adopt rules and shall provide any	152
forms necessary to properly conduct vision screenings at the	153
office of a deputy registrar.	154

(E) No person conducting vision screenings under this section	155
shall be personally liable for damages for injury or loss to	156
persons or property and for death caused by the operation of a	157
motor vehicle by any person whose driver's license was renewed by	158
the deputy registrar under division (B) of this section.	159

Sec. 4507.21. (A) Each applicant for a driver's license	160
shall file an application ~~in the office of~~with the registrar of	161
motor vehicles or ofwith a deputy registrar.	162

(B)(1) Each person under eighteen years of age applying for a	163
driver's license issued in this state shall present satisfactory	164
evidence of having successfully completed any one of the	165
following:	166

(a) A driver education course approved by the state	167
department of education prior to December 31, 2003.	168

(b) A driver training course approved by the director of	169
public safety.	170

(c) A driver training course comparable to a driver education	171
or driver training course described in division (B)(1)(a) or (b)	172
of this section and administered by a branch of the armed forces	173
of the United States and completed by the applicant while residing	174
outside this state for the purpose of being with or near any	175
person serving in the armed forces of the United States.	176

(2) Each person under eighteen years of age applying for a	177
driver's license also shall present, on a form prescribed by the	178
registrar, an affidavit signed by an eligible adult attesting that	179
the person has acquired at least fifty hours of actual driving	180
experience, with at least ten of those hours being at night.	181

(C) If the registrar or deputy registrar determines that the	182
applicant is entitled to the driver's license, it shall be issued.	183
If the application shows that the applicant's license has been	184
previously canceled or suspended, the deputy registrar shall	185
forward the application to the registrar, who shall determine	186
whether the license shall be granted.	187

(D) All applications shall be filed in duplicate, and ~~the~~a	188
deputy registrar issuing the license shall immediately forward to	189
the office of the registrar the original copy of the application,	190
together with the duplicate copy of the certificate, if issued.	191
The registrar shall prescribe rules as to the manner in which the	192
deputy registrar files and maintains the applications and other	193
records. The registrar shall file every application for a driver's	194
or commercial driver's license and index them by name and number,	195
and shall maintain a suitable record of all licenses issued, all	196
convictions and bond forfeitures, all applications for licenses	197
denied, and all licenses that have been suspended or canceled.	198

(E) For purposes of section 2313.06 of the Revised Code, the	199
registrar shall maintain accurate and current lists of the	200
residents of each county who are eighteen years of age or older,	201
have been issued, on and after January 1, 1984, driver's or	202
commercial driver's licenses that are valid and current, and would	203
be electors if they were registered to vote, regardless of whether	204
they actually are registered to vote. The lists shall contain the	205
names, addresses, dates of birth, duration of residence in this	206
state, citizenship status, and social security numbers, if the	207
numbers are available, of the licensees, and may contain any other	208
information that the registrar considers suitable.	209

(F) Each person under eighteen years of age applying for a	210
motorcycle operator's endorsement or a restricted license enabling	211
the applicant to operate a motorcycle shall present satisfactory	212
evidence of having completed the courses of instruction in the	213
motorcycle safety and education program described in section	214
4508.08 of the Revised Code or a comparable course of instruction	215
administered by a branch of the armed forces of the United States	216
and completed by the applicant while residing outside this state	217
for the purpose of being with or near any person serving in the	218
armed forces of the United States. If the registrar or deputy	219
registrar then determines that the applicant is entitled to the	220
endorsement or restricted license, it shall be issued.	221

(G) No person shall knowingly make a false statement in an	222
affidavit presented in accordance with division (B)(2) of this	223
section.	224

(H) As used in this section, "eligible adult" means any of	225
the following persons:	226

(1) A parent, guardian, or custodian of the applicant;

227

(2) A person over the age of twenty-one who acts in loco	228
parentis of the applicant and who maintains proof of financial	229
responsibility with respect to the operation of a motor vehicle	230
owned by the applicant or with respect to the applicant's	231
operation of any motor vehicle.	232

(I) Whoever violates division (G) of this section is guilty	233
of a minor misdemeanor and shall be fined one hundred dollars.	234

Section 2. That existing sections 4507.06, 4507.12, and	235
4507.21 of the Revised Code are hereby repealed.	236

Section 3. That the version of section 4507.06 of the Revised	237
Code that is scheduled to take effect January 1, 2017, be amended	238
to read as follows:	239

Sec. 4507.06. (A)(1) Every application for a driver's	240
license, motorcycle operator's license or endorsement, or	241
motor-driven cycle or motor scooter license or endorsement, or	242
duplicate of any such license or endorsement, shall be made upon	243
the approved form furnished by the registrar of motor vehicles and	244
shall be signed by the applicant.	245

Every application shall state the following:

246

(a) The applicant's name, date of birth, social security	247
number if such has been assigned, sex, general description,	248
including height, weight, color of hair, and eyes, residence	249
address, including county of residence, duration of residence in	250
this state, and country of citizenship;	251

(b) Whether the applicant previously has been licensed as an	252
operator, chauffeur, driver, commercial driver, or motorcycle	253
operator and, if so, when, by what state, and whether such license	254
is suspended or canceled at the present time and, if so, the date	255
of and reason for the suspension or cancellation;	256

(c) Whether the applicant is now or ever has been afflicted	257
with epilepsy, or whether the applicant now is suffering from any	258
physical or mental disability or disease and, if so, the nature	259
and extent of the disability or disease, giving the names and	260
addresses of physicians then or previously in attendance upon the	261
applicant;	262

(d) Whether an applicant for a duplicate driver's license,	263
duplicate license containing a motorcycle operator endorsement, or	264
duplicate license containing a motor-driven cycle or motor scooter	265
endorsement has pending a citation for violation of any motor	266
vehicle law or ordinance, a description of any such citation	267
pending, and the date of the citation;	268

(e) Whether the applicant wishes to certify willingness to	269
make an anatomical gift under section 2108.05 of the Revised Code,	270
which shall be given no consideration in the issuance of a license	271
or endorsement;	272

(f) Whether the applicant has executed a valid durable power	273
of attorney for health care pursuant to sections 1337.11 to	274
1337.17 of the Revised Code or has executed a declaration	275
governing the use or continuation, or the withholding or	276
withdrawal, of life-sustaining treatment pursuant to sections	277
2133.01 to 2133.15 of the Revised Code and, if the applicant has	278
executed either type of instrument, whether the applicant wishes	279
the applicant's license to indicate that the applicant has	280
executed the instrument;	281

(g) On and after October 7, 2009, whether the applicant is a	282
veteran, active duty, or reservist of the armed forces of the	283
United States and, if the applicant is such, whether the applicant	284
wishes the applicant's license to indicate that the applicant is a	285
veteran, active duty, or reservist of the armed forces of the	286
United States by a military designation on the license.	287

(2) ~~Every~~Except as provided in division (A) of section	288
4507.092 of the Revised Code, every applicant for a driver's	289
license shall be photographed in color at the time the application	290
for the license is made. The application shall state any	291
additional information that the registrar requires.	292

(B) The registrar or a deputy registrar, in accordance with	293
section 3503.11 of the Revised Code, shall register as an elector	294
any person who applies for a license or endorsement under division	295
(A) of this section, or for a renewal or duplicate of the license	296
or endorsement, if the applicant is eligible and wishes to be	297
registered as an elector. The decision of an applicant whether to	298
register as an elector shall be given no consideration in the	299
decision of whether to issue the applicant a license or	300
endorsement, or a renewal or duplicate.	301

(C) The registrar or a deputy registrar, in accordance with	302
section 3503.11 of the Revised Code, shall offer the opportunity	303
of completing a notice of change of residence or change of name to	304
any applicant for a driver's license or endorsement under division	305
(A) of this section, or for a renewal or duplicate of the license	306
or endorsement, if the applicant is a registered elector who has	307
changed the applicant's residence or name and has not filed such a	308
notice.	309

(D) In addition to any other information it contains, on and	310
after October 7, 2009, the approved form furnished by the	311
registrar of motor vehicles for an application for a license or	312
endorsement or an application for a duplicate of any such license	313
or endorsement shall inform applicants that the applicant must	314
present a copy of the applicant's DD-214 or an equivalent document	315
in order to qualify to have the license or duplicate indicate that	316
the applicant is a veteran, active duty, or reservist of the armed	317
forces of the United States based on a request made pursuant to	318
division (A)(1)(g) of this section.	319

Section 4. That the existing version of section 4507.06 of	320
the Revised Code that is scheduled to take effect January 1, 2017,	321
is hereby repealed.	322

Section 5. Sections 3 and 4 of this act shall take effect	323
January 1, 2017.	324

Section 6. Section 4507.21 of the Revised Code is presented	325
in this act as a composite of the section as amended by both Am.	326
Sub. H.B. 407 and Am. Sub. S.B. 123 of the 124th General Assembly.	327
The General Assembly, applying the principle stated in division	328
(B) of section 1.52 of the Revised Code that amendments are to be	329
harmonized if reasonably capable of simultaneous operation, finds	330
that the composite is the resulting version of the section in	331
effect prior to the effective date of the section as presented in	332
this act.	333