Bill Text: OH HB73 | 2009-2010 | 128th General Assembly | Introduced
Bill Title: To require proof of financial responsibility to be submitted as a condition of registering a motor vehicle.
Spectrum: Moderate Partisan Bill (Democrat 18-2)
Status: (Introduced - Dead) 2009-03-17 - To Insurance [HB73 Detail]
Download: Ohio-2009-HB73-Introduced.html
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Representatives Garrison, Fende
Cosponsors:
Representatives Luckie, Murray, Pryor, Williams, B., Sayre, Letson, Boyd, Chandler, Winburn, Okey, Harris, Bolon, Koziura, Pillich, DeGeeter, Yuko, Balderson, Evans
To amend section 4503.20 of the Revised Code to | 1 |
require proof of financial responsibility to be | 2 |
submitted as a condition of registering a motor | 3 |
vehicle. | 4 |
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4503.20 of the Revised Code be | 5 |
amended to read as follows: | 6 |
Sec. 4503.20. (A) As used in this section: | 7 |
(1) "Dealer engaged in the business of leasing motor | 8 |
vehicles" means any person engaged in the business of regularly | 9 |
making available, offering to make available, or arranging for | 10 |
another person to use a motor vehicle pursuant to a bailment, | 11 |
lease, or other contractual arrangement. | 12 |
(2) "Motor vehicle" | 13 |
responsibility" have the | 14 |
4509.01 of the Revised Code. | 15 |
(B) An application for the registration of a motor vehicle | 16 |
shall contain a statement, to be signed by the applicant either | 17 |
manually or by electronic signature, that does all of the | 18 |
following: | 19 |
(1) States that the applicant maintains, or has maintained on | 20 |
the applicant's behalf, proof of financial responsibility at the | 21 |
time of application, and will not operate a motor vehicle in this | 22 |
state, unless the applicant maintains, with respect to that motor | 23 |
vehicle or the operation of such vehicle, proof of financial | 24 |
responsibility; | 25 |
(2) Contains a brief summary of the purposes and operation of | 26 |
section 4509.101 of the Revised Code, the rights and duties of the | 27 |
applicant under that section, and the penalties for violation of | 28 |
that section; | 29 |
(3) Warns the applicant that the financial responsibility law | 30 |
does not prevent the possibility that the applicant may be | 31 |
involved in an accident with an owner or operator of a motor | 32 |
vehicle who is without proof of financial responsibility; | 33 |
(4) Is accompanied by proof of financial responsibility | 34 |
demonstrated in a manner described in division (G) of section | 35 |
4509.101 of the Revised Code. | 36 |
(C)(1) A person who purchases any motor vehicle from a | 37 |
licensed motor vehicle dealer who agrees to make application for | 38 |
registration of the motor vehicle on behalf of the purchaser shall | 39 |
sign statements that comply with divisions (B) and (F) of this | 40 |
section. The person also shall submit proof of financial | 41 |
responsibility demonstrated in a manner described in division (G) | 42 |
of section 4509.101 of the Revised Code. The dealer shall submit | 43 |
the statements and proof of financial responsibility to the deputy | 44 |
registrar where the dealer has agreed to make application for | 45 |
registration on behalf of the person. | 46 |
(2) In the case of a person who leases any motor vehicle from | 47 |
a dealer engaged in the business of leasing motor vehicles who | 48 |
agrees to make application for registration of the motor vehicle | 49 |
on behalf of the lessee, the person shall sign a statement that | 50 |
complies with division (B) of this section | 51 |
of financial responsibility demonstrated in a manner described in | 52 |
division (G) of section 4509.101 of the Revised Code. The dealer | 53 |
shall do either of the following: | 54 |
(a) Submit the statement signed by the person and the proof | 55 |
of financial responsibility to the deputy registrar where the | 56 |
dealer has agreed to make application for registration on behalf | 57 |
of the person; | 58 |
(b) | 59 |
deputy registrar, and sign and submit a statement to the deputy | 60 |
registrar that certifies that a statement has been signed and | 61 |
filed with the dealer or incorporated into the lease. | 62 |
The dealer shall submit to the registrar or deputy registrar | 63 |
to whom the dealer submits the application for registration a | 64 |
statement signed by the person that complies with division (F) of | 65 |
this section. | 66 |
(D) The registrar of motor vehicles shall prescribe the form | 67 |
of the statements required under divisions (B), (C), and (F) of | 68 |
this section, and the manner or manners in which the statements | 69 |
required under divisions (B) and (F) of this section shall be | 70 |
presented to the applicant. Any statement that is required under | 71 |
divisions (B), (C), and (F) of this section shall be designed to | 72 |
enable the applicant to retain a copy of it. | 73 |
(E) Nothing within this section shall be construed to excuse | 74 |
a violation of section 4509.101 of the Revised Code. A motor | 75 |
vehicle dealer who makes application for the registration of a | 76 |
motor vehicle on behalf of the purchaser or lessee of the motor | 77 |
vehicle is not liable in damages in any civil action on account of | 78 |
the act of making such application for registration or the content | 79 |
of any such application for registration. | 80 |
(F) In addition to the statements required by divisions (B) | 81 |
and (C) of this section, a person who makes application for | 82 |
registration of a motor vehicle shall be furnished with a form | 83 |
that lists in plain language all the possible penalties to which a | 84 |
person could be subject for a violation of the financial | 85 |
responsibility law, including driver's license suspensions; all | 86 |
fees, including nonvoluntary compliance and reinstatement fees; | 87 |
and vehicle immobilization or impoundment. The person shall read | 88 |
the form and either manually or by electronic signature sign the | 89 |
form, which shall be submitted along with the application for | 90 |
registration as provided in this section. The form shall be | 91 |
retained by the registrar or deputy registrar who issues the motor | 92 |
vehicle registration or the registrar's or deputy registrar's | 93 |
successor for a period of two years from the date of issuance of | 94 |
the registration. | 95 |
(G) Upon the registration of a motor vehicle, the owner of | 96 |
the motor vehicle is deemed to have agreed to the production of | 97 |
proof of financial responsibility by the owner or the operator of | 98 |
the motor vehicle, upon the request of a peace officer or state | 99 |
highway patrol trooper
made in accordance with division | 100 |
of section 4509.101 of the Revised Code. | 101 |
(H) The registrar shall adopt rules governing the renewal of | 102 |
motor vehicle registrations by electronic means and the completion | 103 |
and submission of statements that comply with divisions (B) and | 104 |
(F) of this section. The registrar shall adopt the rules | 105 |
prescribed by this division in accordance with Chapter 119. of the | 106 |
Revised Code. | 107 |
Section 2. That existing section 4503.20 of the Revised Code | 108 |
is hereby repealed. | 109 |