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As Introduced
136th
General Assembly
Regular
Session
H. B. No. 115
2025-2026
Representatives Demetriou, Roemer
Cosponsors: Representatives Daniels,
Dovilla, Gross, Klopfenstein, Lorenz, Ray, Thomas, D., Williams,
Workman
A
BILL
To
amend sections 3704.14, 4503.10, 4503.102, and 4503.103 of the
Revised Code
to
create an alternative method to certify compliance with the E-Check
program and to name this act the E-Check Ease Act.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section
1.
That
sections 3704.14, 4503.10, 4503.102, and 4503.103 of the Revised Code
be amended to read as follows:
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 twenty-four 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 twenty-four 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 (B)(2) 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.
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 toll-free
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 under 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
multi-year 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.
Section
2.
That
existing sections 3704.14, 4503.10, 4503.102, and 4503.103 of the
Revised Code are hereby repealed.
Section
3.
This
act shall be known as the "E-Check Ease Act."