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hb393_05_EN
(136th General Assembly)
(Substitute
House Bill Number 393)
AN
ACT
To amend sections 4507.01,
4507.50, 4507.51, 4507.52, and 5120.102 and to enact sections
2301.551 and 5120.106 of the Revised Code to require that
community-based correctional facilities and programs and halfway
house organizations assist inmates in obtaining state identification
cards prior to release.
Be
it enacted by the General Assembly of the State of Ohio:
Section
1.
That
sections 4507.01, 4507.50, 4507.51, 4507.52
,
and 5120.102
be amended and
sections
2301.551
and 5120.106
of the Revised Code be enacted to read as follows:
Sec.
2301.551.
(A)
Within a reasonable time prior to a prisoner who is serving a
sentence within a community-based correctional facility and program
or a district community-based correctional facility and program
successfully completing the programming at that facility, the
facility shall attempt to verify the prisoner's age and identity in
order to satisfy the requirements of section 4507.51 of the Revised
Code.
(B)
The facility shall provide each prisoner who does not have a current
valid and unexpired state issued identification card or driver's
license with the application described in section 4507.51 of the
Revised Code. The facility shall submit any completed application,
along with a color photograph of the prisoner and documentary
evidence of the prisoner's age and identity, to the registrar of
motor vehicles in accordance with the process established by the
registrar under sections 4507.50 and 4507.51 of the Revised Code.
Sec.
4507.01.
(A)
As used in this chapter, "motor vehicle," "motorized
bicycle," "state," "owner," "operator,"
"chauffeur," and "highways" have the same
meanings as in section 4501.01 of the Revised Code.
"Driver's
license" means a class D license issued to any person to operate
a motor vehicle or motor-driven cycle, other than a commercial motor
vehicle, and includes "probationary license," "restricted
license," "limited term license," and any operator's
or chauffeur's license issued before January 1, 1990.
"Probationary
license" means the license issued to any person between sixteen
and eighteen years of age to operate a motor vehicle.
"Restricted
license" means the license issued to any person to operate a
motor vehicle subject to conditions or restrictions imposed by the
registrar of motor vehicles.
"Commercial
driver's license" means the license issued to a person under
Chapter 4506. of the Revised Code to operate a commercial motor
vehicle.
"Commercial
motor vehicle" has the same meaning as in section 4506.01 of the
Revised Code.
"Motorcycle
operator's temporary instruction permit, license, or endorsement"
includes a temporary instruction permit, license, or endorsement for
a motor-driven cycle or motor scooter unless otherwise specified.
"Motorized
bicycle license" means the license issued under section 4511.521
of the Revised Code to any person to operate a motorized bicycle
including a "probationary motorized bicycle license."
"Probationary
motorized bicycle license" means the license issued under
section 4511.521 of the Revised Code to any person between fourteen
and sixteen years of age to operate a motorized bicycle.
"Identification
card" means a card issued under sections 4507.50 to 4507.52 of
the Revised Code.
"Resident"
means a person who, in accordance with standards prescribed in rules
adopted by the registrar, resides in this state on a permanent basis.
"Temporary
resident" means a person who, in accordance with standards
prescribed in rules adopted by the registrar, resides in this state
on a temporary basis.
"Community-based
correctional facility and program" and "district
community-based correctional facility and program" mean the
facilities and programs created and organized in accordance with
sections 2301.51 to 2301.58 of the Revised Code.
"Halfway
house organization" has the same meaning as in section 5120.102
of the Revised Code.
(B)
In the administration of this chapter and Chapter 4506. of the
Revised Code, the registrar has the same authority as is conferred on
the registrar by section 4501.02 of the Revised Code. Any act of an
authorized deputy registrar of motor vehicles under direction of the
registrar is deemed the act of the registrar.
To
carry out this chapter, the registrar shall appoint such deputy
registrars in each county as are necessary.
The
registrar also shall provide at each place where an application for a
driver's or commercial driver's license or identification card may be
made the necessary equipment to take a photograph of the applicant
for such license or card as required under section 4506.11 or 4507.06
of the Revised Code, and to conduct the vision screenings required by
section 4507.12 of the Revised Code.
The
registrar shall assign one or more deputy registrars to any driver's
license examining station operated under the supervision of the
director of public safety, whenever the registrar considers such
assignment possible. Space shall be provided in the driver's license
examining station for any such deputy registrar so assigned. The
deputy registrars shall not exercise the powers conferred by such
sections upon the registrar, unless they are specifically authorized
to exercise such powers by such sections.
(C)
No agent for any insurance company, writing automobile insurance,
shall be appointed deputy registrar, and any such appointment is
void. No deputy registrar shall in any manner solicit any form of
automobile insurance, nor in any manner advise, suggest, or influence
any licensee or applicant for license for or against any kind or type
of automobile insurance, insurance company, or agent, nor have the
deputy registrar's office directly connected with the office of any
automobile insurance agent, nor impart any information furnished by
any applicant for a license or identification card to any person,
except the registrar. This division shall not apply to any nonprofit
corporation appointed deputy registrar.
(D)
The registrar shall immediately remove a deputy registrar who
violates the requirements of this chapter.
Sec.
4507.50.
(A)(1)
The registrar of motor vehicles or a deputy registrar shall issue an
identification card to a person when all of the following apply:
(a)
The registrar or deputy registrar receives an application completed
in accordance with section 4507.51 of the Revised Code and, if the
person is under seventeen years of age, payment of the applicable
fees.
(b)
The person is a resident or a temporary resident of this state.
(c)
The person is not licensed as an operator of a motor vehicle in this
state or another licensing jurisdiction.
(d)
The person does not hold an identification card from another
jurisdiction.
(2)(a)
The registrar of motor vehicles or a deputy registrar may issue a
temporary identification card when all of the following apply:
(i)
The registrar or deputy registrar receives an application completed
in accordance with section 4507.51 of the Revised Code and payment of
the applicable fees.
(ii)
The person is a resident or temporary resident of this state.
(iii)
The person's Ohio driver's or commercial driver's license has been
suspended or canceled.
(iv)
The person does not hold an identification card from another
jurisdiction.
(b)
The temporary identification card shall be identical to an
identification card, except that it shall be printed on its face with
a statement that the card is valid for a temporary period. The
temporary period shall be in accordance with the expiration dates
specified in section 4507.501 of the Revised Code.
(c)
The cardholder shall surrender the temporary identification card to
the registrar or any deputy registrar before the cardholder's
driver's or commercial driver's license is restored or reissued.
(B)(1)
Except as provided in division (D) of this section, an applicant who
is under seventeen years of age shall pay the following fees prior to
issuance of an identification card or a temporary identification
card:
(a)
A fee of three dollars and fifty cents if the card will expire on the
applicant's birthday four years after the date of issuance or a fee
of six dollars if the card will expire on the applicant's birthday
eight years after the date of issuance;
(b)
A fee equal to the amount established under section 4503.038 of the
Revised Code if the card will expire on the applicant's birthday four
years after the date of issuance or twice that amount if the card
will expire on the applicant's birthday eight years after the date of
issuance;
(c)
A fee of one dollar and fifty cents if the card will expire on the
applicant's birthday four years after the date of issuance or three
dollars if the card will expire on the applicant's birthday eight
years after the date of issuance, for the authentication of the
documents required for processing an identification card or temporary
identification card. A deputy registrar that authenticates the
required documents shall retain the entire amount of the fee.
(2)
The fees collected for issuing an identification card under this
section, except for any fees allowed to the deputy registrar, shall
be paid into the state treasury to the credit of the public safety -
highway purposes fund created in section 4501.06 of the Revised Code.
(C)
A person seventeen years of age or older may apply to the registrar
or a deputy registrar for the issuance to that person of an
identification card or a temporary identification card under this
section without payment of any fee prescribed in division (B) of this
section.
(D)
A resident who is permanently or irreversibly disabled and who is
under seventeen years of age may apply to the registrar or a deputy
registrar for the issuance of an identification card under this
section without payment of any fee as prescribed in division (B) of
this section. A resident who is in the custody of the department of
rehabilitation and correction
or
,
the
department of youth services
,
a halfway house organization, a community-based correctional facility
and program, or a district community-based correctional facility and
program
and who is under seventeen years of age may apply to the registrar
for the issuance of an identification card under this section without
payment of any fee as prescribed in division (B) of this section.
As
used in this section, "permanently or irreversibly disabled"
means a condition of disability from which there is no present
indication of recovery.
An
application made under division (D) of this section shall be
accompanied by such documentary evidence as the registrar may require
by rule.
(E)(1)
The department of rehabilitation and correction shall submit an
application for an identification card or temporary identification
card, as applicable, to the registrar on behalf of an individual who
is a prisoner at a state correctional institution and who has
completed that application in accordance with section 5120.59 of the
Revised Code.
(2)
The department of youth services shall submit an application for an
identification card or a temporary identification card, as
applicable, to the registrar on behalf of an individual who is in the
custody of the department at a juvenile correctional facility and who
has completed that application in accordance with section 5139.511 of
the Revised Code.
(3)
A
community-based correctional facility and program or a district
community-based correctional facility and program shall submit an
application for an identification card or a temporary identification
card, as applicable, to the registrar on behalf of an individual who
is in the custody of the facility and who has completed that
application in accordance with section 2301.551 of the Revised Code.
(4)
A halfway house organization shall submit an application for an
identification card or a temporary identification card, as
applicable, to the registrar on behalf of an individual who is in the
custody of the organization and who has completed that application in
accordance with section 5120.106 of the Revised Code.
(5)
The
registrar may establish a separate application and process by which
the departments shall submit any applications to the registrar in
accordance with this division and section 4507.51 of the Revised
Code.
Sec.
4507.51.
(A)(1)
Every application for an identification card or duplicate shall be
made on an approved form furnished by the registrar of motor vehicles
and shall be signed by the applicant. The application also shall be
signed by the applicant's parent or guardian, or by the department of
rehabilitation and correction
or
,
the
department of youth services,
a
halfway house organization, a community-based correctional facility
and program, or a district community-based correctional facility and
program,
as
applicable, if the applicant is under eighteen years of age.
Every
application shall contain the following information:
(a)
The applicant's name, date of birth, sex, general description
including the applicant's height, weight, hair color, and eye color,
address, country of citizenship, and social security number.
(b)
If an applicant has not already certified the applicant's willingness
to make an anatomical gift under section 2108.05 of the Revised Code,
whether the applicant wishes to certify willingness to make such an
anatomical gift and information about the requirements of sections
2108.01 to 2108.29 of the Revised Code that apply to persons who are
less than eighteen years of age. The statement regarding willingness
to make such a donation shall be given no consideration in the
decision of whether to issue an identification card.
(c)
Whether the applicant has executed a valid durable power of attorney
for health care pursuant to sections 1337.11 to 1337.17 of the
Revised Code or has executed a declaration governing the use or
continuation, or the withholding or withdrawal, of life-sustaining
treatment pursuant to sections 2133.01 to 2133.15 of the Revised Code
and, if the applicant has executed either type of instrument, whether
the applicant wishes the identification card issued to indicate that
the applicant has executed the instrument.
(d)
Whether the applicant is a veteran, active duty, or reservist of the
armed forces of the United States and, if the applicant is such,
whether the applicant wishes the identification card issued to
indicate that the applicant is a veteran, active duty, or reservist
of the armed forces of the United States by a military designation on
the identification card.
(2)
Each applicant applying in person at a deputy registrar office shall
be photographed at the time of making an application.
(3)
The registrar or deputy registrar, in accordance with section 3503.11
of the Revised Code, shall register as an elector any person who
applies for an identification card or duplicate if the applicant is
eligible and wishes to be registered as an elector. The decision of
an applicant whether to register as an elector shall be given no
consideration in the decision of whether to issue the applicant an
identification card or duplicate.
(4)
The application shall be accompanied by any necessary documents, as
required by the registrar. The registrar or the deputy registrar may
authenticate the submitted documents and verify the information in
the application.
(B)(1)
Except as provided in division (B)(2) of this section or section
4507.061 of the Revised Code, the application for an identification
card or duplicate shall be filed in the office of the registrar or
deputy registrar. Each applicant shall present documentary evidence
as required by the registrar of the applicant's age and identity, and
the applicant shall swear that all information given is true.
All
applications for an identification card or duplicate under this
section shall be filed in duplicate, and if submitted to a deputy
registrar, a copy shall be forwarded to the registrar. The registrar
shall prescribe rules for the manner in which a deputy registrar is
to file and maintain applications and other records. The registrar
shall maintain a suitable, indexed record of all applications denied
and cards issued or canceled.
(2)
The application for an identification card filed by either the
department of rehabilitation and correction
or
,
the
department of youth services
,
a halfway house organization, a community-based correctional facility
and program, or a district community-based correctional facility and
program
on behalf of an individual in prison or in the department's
,
organization's,
or
facility's
custody
shall be submitted through the process established by the registrar.
The registrar shall establish the process for submission of such
applications and the process for mailing the identification card to
either the individual or the applicable department
,
organization, or facility
.
(C)
In addition to any other information it contains, the form furnished
by the registrar of motor vehicles for an application for an
identification card or duplicate shall inform applicants that the
applicant must present a copy of the applicant's DD-214 or an
equivalent document in order to qualify to have the card or duplicate
indicate that the applicant is an honorably discharged veteran of the
armed forces of the United States based on a request made pursuant to
division (A)(2)(b) of this section.
Sec.
4507.52.
(A)(1)
Each identification card issued by the registrar of motor vehicles or
a deputy registrar shall display a distinguishing number assigned to
the cardholder, and shall display the following inscription:
"STATE
OF OHIO IDENTIFICATION CARD
This
card is not valid for the purpose of operating a motor vehicle. It is
provided solely for the purpose of establishing the identity of the
bearer described on the card."
(2)
The identification card shall display substantially the same
information as contained in the application and as described in
division (A)(1) of section 4507.51 of the Revised Code, including, if
the cardholder is a noncitizen of the United States, a notation
designating that the cardholder is a noncitizen. The identification
card shall not display the cardholder's social security number unless
the cardholder specifically requests that the cardholder's social
security number be displayed on the card. If federal law requires the
cardholder's social security number to be displayed on the
identification card, the social security number shall be displayed on
the card notwithstanding this section.
(3)
The identification card also shall display the photograph of the
cardholder.
(4)
If the cardholder has executed a durable power of attorney for health
care or a declaration governing the use or continuation, or the
withholding or withdrawal, of life-sustaining treatment and has
specified that the cardholder wishes the identification card to
indicate that the cardholder has executed either type of instrument,
the card also shall display any symbol chosen by the registrar to
indicate that the cardholder has executed either type of instrument.
(5)
If the cardholder has specified that the cardholder wishes the
identification card to indicate that the cardholder is a veteran,
active duty, or reservist of the armed forces of the United States
and has presented a copy of the cardholder's DD-214 form or an
equivalent document, the card also shall display any symbol chosen by
the registrar to indicate that the cardholder is a veteran, active
duty, or reservist of the armed forces of the United States.
(6)
The card shall be designed as to prevent its reproduction or
alteration without ready detection.
(7)
The identification card for persons under twenty-one years of age
shall have characteristics prescribed by the registrar distinguishing
it from that issued to a person who is twenty-one years of age or
older, except that an identification card issued to a person who
applies no more than thirty days before the applicant's twenty-first
birthday shall have the characteristics of an identification card
issued to a person who is twenty-one years of age or older.
(8)
Every identification card issued to a resident of this state shall
display the expiration date of the card, in accordance with section
4507.501 of the Revised Code.
(9)
Every identification card issued to a temporary resident shall expire
in accordance with section 4507.501 of the Revised Code and rules
adopted by the registrar and is limited term. Every limited term
identification card and limited term temporary identification card
shall contain the words "limited term" and shall have any
additional characteristics prescribed by the registrar distinguishing
it from an identification card issued to a resident.
(B)(1)
If a card is lost, destroyed, or mutilated, the person to whom the
card was issued may obtain a duplicate by doing both of the
following:
(a)
Furnishing suitable proof of the loss, destruction, or mutilation to
the registrar or a deputy registrar;
(b)
Filing an application and presenting documentary evidence under
section 4507.51 of the Revised Code.
(2)
A cardholder may apply to obtain a reprint of the cardholder's
identification card through electronic means in accordance with
section 4507.40 of the Revised Code.
(3)
A cardholder may obtain a replacement identification card that
reflects any change of the cardholder's name by furnishing suitable
proof of the change to the registrar or a deputy registrar.
(4)
Except as provided in division (B)(5) or (6) of this section, when a
cardholder applies for a duplicate, reprint, or replacement
identification card, the cardholder shall pay the following fees:
(a)
Two dollars and fifty cents;
(b)
A deputy registrar or service fee equal to the amount established
under section 4503.038 of the Revised Code.
(5)
The following cardholders may apply for a duplicate, reprint, or
replacement identification card without payment of any fee prescribed
in division (B)(4) of this section:
(a)
A disabled veteran who has a service-connected disability rated at
one hundred per cent by the veterans' administration;
(b)
A resident who is permanently or irreversibly disabled;
(c)
A resident who is in the custody of the department of rehabilitation
and correction
or
,
the
department of youth services
,
a halfway house organization, a community-based correctional facility
and program, or a district community-based correctional facility and
program
.
(6)
A cardholder who is seventeen years of age or older may apply for a
replacement identification card without payment of any fee prescribed
in division (B)(4) of this section.
(7)
A duplicate, reprint, or replacement identification card expires on
the same date as the card it replaces.
(C)
The registrar shall cancel any card upon determining that the card
was obtained unlawfully, issued in error, or was altered.
(D)(1)
No agent of the state or its political subdivisions shall condition
the granting of any benefit, service, right, or privilege upon the
possession by any person of an identification card. Nothing in this
section shall preclude any publicly operated or franchised transit
system from using an identification card for the purpose of granting
benefits or services of the system.
(2)
No person shall be required to apply for, carry, or possess an
identification card.
(E)
Except in regard to an identification card issued to a person who
applies no more than thirty days before the applicant's twenty-first
birthday, neither the registrar nor any deputy registrar shall issue
an identification card to a person under twenty-one years of age that
does not have the characteristics prescribed by the registrar
distinguishing it from the identification card issued to persons who
are twenty-one years of age or older.
(F)
The registrar shall ensure that identification cards issued in
accordance with the federal "Real ID Act," 49 U.S.C. 30301,
et seq., comply with the regulations specified in 6 C.F.R. part 37.
(G)
Whoever violates division (E) of this section is guilty of a minor
misdemeanor.
Sec.
5120.102.
As
used in sections 5120.102 to
5120.105
5120.106
of
the Revised Code:
(A)
"Private, nonprofit organization" means a private
association, organization, corporation, or other entity that is
exempt from federal income taxation under section 501(a) and is
described in section 501(c) of the "Internal Revenue Code of
1986," 100 Stat. 2085, 26 U.S.C.A. 501, as amended.
(B)
"Governmental agency" means a state agency; a municipal
corporation, county, township, other political subdivision or special
district in this state established by or pursuant to law, or a
combination of those political subdivisions or special districts; the
United States or a department, division, or agency of the United
States; or an agency, commission, or authority established pursuant
to an interstate compact or agreement.
(C)
"State agency" means the state or one of its branches,
offices, boards, commissions, authorities, departments, divisions, or
other units or agencies of the state.
(D)
"Halfway house organization" means a private, nonprofit
organization or a governmental agency that provides programs or
activities in areas directly concerned with housing and monitoring
offenders who are under the community supervision of the department
of rehabilitation and correction or whom a court places in a halfway
house pursuant to section 2929.16 or 2929.26 of the Revised Code.
(E)
"Halfway house facility" means a capital facility in this
state to which all of the following apply:
(1)
The construction of the capital facility is authorized or funded by
the general assembly pursuant to division (C) of section 5120.105 of
the Revised Code.
(2)
The state owns or has a sufficient real property interest in the
capital facility or in the site of the capital facility for a period
of not less than the greater of the useful life of the capital
facility, as determined by the director of budget and management
using the guidelines for maximum maturities as provided under
divisions (B), (C), and (E) of section 133.20 of the Revised Code and
certified to the department of rehabilitation and correction and the
treasurer of state, or the final maturity of obligations issued by
the treasurer of state to finance the capital facility.
(3)
The capital facility is managed directly by, or by contract with, the
department of rehabilitation and correction and is used for housing
offenders who are under the community supervision of the department
of rehabilitation and correction or whom a court places in a halfway
house pursuant to section 2929.16 or 2929.26 of the Revised Code.
(F)
"Construction" includes acquisition, demolition,
reconstruction, alteration, renovation, remodeling, enlargement,
improvement, site improvements, and related equipping and furnishing.
(G)
"General building services" means general building services
for a halfway house facility that include, but are not limited to,
general custodial care, security, maintenance, repair, painting,
decoration, cleaning, utilities, fire safety, grounds and site
maintenance and upkeep, and plumbing.
(H)
"Manage," "operate," or "management"
means the provision of, or the exercise of control over the provision
of, activities that relate to the housing of offenders in
correctional facilities, including, but not limited to, providing for
release services for offenders who are under the community
supervision of the department of rehabilitation and correction or are
placed by a court in a halfway house pursuant to section 2929.16 or
2929.26 of the Revised Code, and who reside in halfway house
facilities.
Sec.
5120.106.
(A)
Within a reasonable time prior to an offender who is residing within
a halfway house managed by a halfway house organization successfully
completing the programming at that halfway house, the halfway house
organization shall attempt to verify the offender's age and identity
in order to satisfy the requirements of section 4507.51 of the
Revised Code.
(B)
The halfway house organization shall provide each offender who does
not have a current valid and unexpired state issued identification
card or driver's license with the application described in section
4507.51 of the Revised Code. The halfway house organization shall
submit any completed application, along with a color photograph of
the offender and documentary evidence of the offender's age and
identity, to the registrar of motor vehicles in accordance with the
process established by the registrar under sections 4507.50 and
4507.51 of the Revised Code.
Section
2.
That
existing sections 4507.01, 4507.50, 4507.51, 4507.52
,
and 5120.102
of the Revised Code are hereby repealed.
Speaker
___________________ of the House of Representatives.
President
___________________ of the Senate.
Passed
________________________, 20____
Approved
________________________, 20____
Governor.
The section numbering of law
of a general and permanent nature is complete and in conformity with
the Revised Code.
Director, Legislative
Service Commission.
Filed
in the office of the Secretary of State at Columbus, Ohio, on the
____ day of ___________, A. D. 20____.
Secretary of State.
File
No. _________ Effective Date ___________________