Bill Text: OH HB23 | 2009-2010 | 128th General Assembly | Introduced

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Bill Title: To increase the minimum amounts required for valid proof of financial responsibility.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2009-02-18 - To Insurance [HB23 Detail]

Download: Ohio-2009-HB23-Introduced.html

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As Introduced

128th General Assembly Regular Session 2009-2010

H. B. No. 23

Representatives Okey, Stebelton 

Cosponsors: Representatives Huffman, Evans, Murray, Bubp, Skindell, Hagan, Oelslager, Otterman, Blair, Pillich, Bolon 

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A BILL

To amend sections 4509.01, 4509.20, 4509.41, and

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4509.51 of the Revised Code to increase the

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minimum amounts required for valid proof of

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financial responsibility.

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

Section 1. That sections 4509.01, 4509.20, 4509.41, and	5
4509.51 of the Revised Code be amended to read as follows:	6

Sec. 4509.01.  As used in sections 4509.01 to 4509.78 of the	7
Revised Code:	8

(A) "Person" includes every natural person, firm,	9
partnership, association, or corporation.	10

(B) "Driver" means every person who drives or is in actual	11
physical control of a motor vehicle.	12

(C) "License" includes any license, permit, or privilege to	13
operate a motor vehicle issued under the laws of this state	14
including:	15

(1) Any temporary instruction permit or examiner's driving	16
permit;	17

(2) The privilege of any person to drive a motor vehicle	18
whether or not such person holds a valid license;	19

(3) Any nonresident's operating privilege.

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(D) "Owner" means a person who holds the legal title of a	21
motor vehicle. If a motor vehicle is the subject of a lease with	22
an immediate right of possession vested in the lessee, the lessee	23
is the owner. A person listed as the owner on a certificate of	24
title on which there is a notation of a security interest is the	25
owner. A buyer or other transferee of a motor vehicle who	26
receives the certificate of title from the seller or transferor	27
listing the seller or transferor thereon as the owner with an	28
assignment of title to the buyer or transferee nonetheless is the	29
owner even though a subsequent certificate of title has not been	30
issued listing the buyer or transferee as the owner.	31

(E) "Registration" means registration certificates and	32
registration plates issued under the laws of this state pertaining	33
to the registration of motor vehicles.	34

(F) "Nonresident" means every person who is not a resident of	35
this state.	36

(G) "Nonresident's operating privilege" means the privilege	37
conferred upon a nonresident by the laws of this state pertaining	38
to the operation by such person of a motor vehicle, or the use of	39
a motor vehicle owned by such person, in this state.	40

(H) "Vehicle" means every device by which any person or	41
property may be transported upon a highway, except electric	42
personal assistive mobility devices, devices moved by power	43
collected from overhead electric trolley wires, or used	44
exclusively upon stationary rails or tracks, and except devices	45
other than bicycles moved by human power.	46

(I) "Motor vehicle" means every vehicle propelled by power	47
other than muscular power or power collected from overhead	48
electric trolley wires, except motorized bicycles, road rollers,	49
traction engines, power shovels, power cranes and other equipment	50
used in construction work and not designed for or employed in	51
general highway transportation, hole-digging machinery,	52
well-drilling machinery, ditch-digging machinery, farm machinery,	53
threshing machinery, hay baling machinery, and agricultural	54
tractors and machinery used in the production of horticultural,	55
floricultural, agricultural, and vegetable products.	56

(J) "Accident" or "motor vehicle accident" means any accident	57
involving a motor vehicle which results in bodily injury to or	58
death of any person, or damage to the property of any person in	59
excess of four hundred dollars.	60

(K) "Proof of financial responsibility" means proof of	61
ability to respond in damages for liability, on account of	62
accidents occurring subsequent to the effective date of such	63
proof, arising out of the ownership, maintenance, or use of a	64
motor vehicle in the amount of twelvetwenty-five thousand five	65
hundred dollars because of bodily injury to or death of one person	66
in any one accident, in the amount of twenty-fivefifty thousand	67
dollars because of bodily injury to or death of two or more	68
persons in any one accident, and in the amount of seven	69
twenty-five thousand five hundred dollars because of injury to	70
property of others in any one accident.	71

(L) "Motor-vehicle liability policy" means an "owner's	72
policy" or an "operator's policy" of liability insurance,	73
certified as provided in section 4509.46 or 4509.47 of the Revised	74
Code as proof of financial responsibility, and issued, except as	75
provided in section 4509.47 of the Revised Code, by an insurance	76
carrier authorized to do business in this state, to or for the	77
benefit of the person named therein as insured.	78

Sec. 4509.20.  (A) A policy or bond does not comply with	79
divisions (A)(5), (A)(6), and (A)(7) of section 4509.19 of the	80
Revised Code unless issued by an insurance company or surety	81
company authorized to do business in this state, except as	82
provided in division (B) of this section, or unless such policy or	83
bond is subject, if the accident has resulted in bodily injury or	84
death, to a limit, exclusive of interest and costs, of not less	85
than twelvetwenty-five thousand five hundred dollars because of	86
bodily injury to or death of one person in any one accident, and,	87
subject to said limit for one person, to a limit of not less than	88
twenty-fivefifty thousand dollars because of bodily injury to or	89
death of two or more persons in one accident, and, if the accident	90
has resulted in injury to, or destruction of property, to a limit	91
of not less than seventwenty-five thousand five hundred dollars	92
because of injury to or destruction of property of others in any	93
one accident.	94

(B) A policy or bond does not comply with divisions (A) (5),	95
(A) (6), and (A) (7) of section 4509.19 of the Revised Code with	96
respect to any motor vehicle which was not registered in this	97
state or was a motor vehicle which was registered elsewhere than	98
in this state at the effective date of the policy or bond or the	99
most recent renewal thereof, unless the insurance company or	100
surety company issuing such policy or bond is authorized to do	101
business in this state, or if said company is not authorized to do	102
business in this state unless it executes a power of attorney	103
authorizing the registrar of motor vehicles to accept service on	104
its behalf of notice or process in any action upon such policy or	105
bond arising out of such accident.	106

The registrar may rely upon the accuracy of the information	107
in the required report of a motor vehicle accident as to the	108
existence of insurance or a bond unless the registrar has reason	109
to believe that the information is erroneous.	110

Sec. 4509.41.  (A) Judgments are satisfied for the purpose of	111
sections 4509.01 to 4509.78, inclusive, of the Revised Code, in	112
each of the following cases:	113

(1) When twelvetwenty-five thousand five hundred dollars has	114
been credited upon any judgments in excess of that amount because	115
of bodily injury to or death of one person as a result of any one	116
accident;	117

(2) When the sum of twenty-fivefifty thousand dollars has	118
been credited upon any judgments in excess of that amount because	119
of bodily injury to or death of two or more persons as the result	120
of any one accident;	121

(3) When seventwenty-five thousand five hundred dollars has	122
been credited upon any judgments rendered in excess of that amount	123
because of injury to property of others as a result of any one	124
accident.	125

(B) Payments made in settlements of any claims because of	126
bodily injury, death, or property damage arising from such	127
accident shall be credited in reduction of the amounts provided	128
for in this section.	129

Sec. 4509.51.  Subject to the terms and conditions of an	130
owner's policy, every owner's policy of liability insurance:	131

(A) Shall designate by explicit description or by appropriate	132
reference all motor vehicles with respect to which coverage is	133
thereby granted;	134

(B) Shall insure the person named therein and any other	135
person, as insured, using any such motor vehicles with the express	136
or implied permission of the insured, against loss from the	137
liability imposed by law for damages arising out of the ownership,	138
maintenance, or use of such vehicles within the United States or	139
Canada, subject to monetary limits exclusive of interest and	140
costs, with respect to each such motor vehicle, as follows:	141

(1) TwelveTwenty-five thousand five hundred dollars because	142
of bodily injury to or death of one person in any one accident;	143

(2) Twenty-fiveFifty thousand dollars because of bodily	144
injury to or death of two or more persons in any one accident;	145

(3) SevenTwenty-five thousand five hundred dollars because	146
of injury to property of others in any one accident.	147

Section 2. That existing sections 4509.01, 4509.20, 4509.41,	148
and 4509.51 of the Revised Code are hereby repealed.	149