Bill Text: OH HB346 | 2013-2014 | 130th General Assembly | Comm Sub


Bill Title: That is scheduled to take effect January 1, 2017, to continue the provisions of this act on and after that effective date, to authorize the issuance of an enhanced driver's license, enhanced commercial driver's license, and enhanced identification card to facilitate land and sea border crossings between the United States and Canada and Mexico, pursuant to an agreement with the United States Department of Homeland Security.

Spectrum: Slight Partisan Bill (Republican 14-7)

Status: (Introduced - Dead) 2014-05-21 - Committee Report [HB346 Detail]

Download: Ohio-2013-HB346-Comm_Sub.html
As Reported by the House Transportation, Public Safety, and Homeland Security Committee

130th General Assembly
Regular Session
2013-2014
H. B. No. 346


Representative Damschroder 

Cosponsors: Representatives Foley, Wachtmann, Brenner, Ruhl, Terhar, Hackett, Grossman, Smith, DeVitis, Barborak, Milkovich, Retherford, Rogers, Becker, Thompson, Celebrezze, Mallory, Green, Hagan, R., Johnson 



A BILL
To amend sections 4506.01, 4506.11, 4507.01, 4507.13, 1
and 4507.52 and to enact sections 4506.072, 2
4507.021, 4507.061, and 4507.511 of the Revised 3
Code, to amend the version of section 4507.01 of 4
the Revised Code that is scheduled to take effect 5
January 1, 2017, to continue the provisions of 6
this act on and after that effective date, to 7
authorize the issuance of an enhanced driver's 8
license, enhanced commercial driver's license, and 9
enhanced identification card to facilitate land 10
and sea border crossings between the United States 11
and Canada and Mexico, pursuant to an agreement 12
with the United States Department of Homeland 13
Security.14


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

       Section 1. That sections 4506.01, 4506.11, 4507.01, 4507.13, 15
and 4507.52 be amended and sections 4506.072, 4507.021, 4507.061, 16
and 4507.511 of the Revised Code be enacted to read as follows:17

       Sec. 4506.01.  As used in this chapter:18

       (A) "Alcohol concentration" means the concentration of 19
alcohol in a person's blood, breath, or urine. When expressed as a 20
percentage, it means grams of alcohol per the following:21

       (1) One hundred milliliters of whole blood, blood serum, or 22
blood plasma;23

       (2) Two hundred ten liters of breath;24

       (3) One hundred milliliters of urine.25

       (B)(1) "Commercial driver's license" means a license issued 26
in accordance with this chapter that authorizes an individual to 27
drive a commercial motor vehicle. Except as otherwise specifically 28
provided, "commercial driver's license" includes "enhanced 29
commercial driver's license."30

       (2) "Enhanced commercial driver's license" means a commercial 31
driver's license issued in accordance with section 4506.072 of the 32
Revised Code that denotes citizenship and identity and is approved 33
by the United States secretary of homeland security for purposes 34
of entering the United States and that contains technology and 35
security features approved by the secretary of homeland security.36

       (C) "Commercial driver's license information system" means 37
the information system established pursuant to the requirements of 38
the "Commercial Motor Vehicle Safety Act of 1986," 100 Stat. 39
3207-171, 49 U.S.C.A. App. 2701.40

       (D) Except when used in section 4506.25 of the Revised Code, 41
"commercial motor vehicle" means any motor vehicle designed or 42
used to transport persons or property that meets any of the 43
following qualifications:44

       (1) Any combination of vehicles with a combined gross vehicle 45
weight rating of twenty-six thousand one pounds or more, provided 46
the gross vehicle weight rating of the vehicle or vehicles being 47
towed is in excess of ten thousand pounds;48

       (2) Any single vehicle with a gross vehicle weight rating of 49
twenty-six thousand one pounds or more, or any such vehicle towing 50
a vehicle having a gross vehicle weight rating that is not in 51
excess of ten thousand pounds;52

       (3) Any single vehicle or combination of vehicles that is not 53
a class A or class B vehicle, but is designed to transport sixteen 54
or more passengers including the driver;55

       (4) Any school bus with a gross vehicle weight rating of less 56
than twenty-six thousand one pounds that is designed to transport 57
fewer than sixteen passengers including the driver;58

       (5) Is transporting hazardous materials for which placarding 59
is required under subpart F of 49 C.F.R. part 172, as amended;60

       (6) Any single vehicle or combination of vehicles that is 61
designed to be operated and to travel on a public street or 62
highway and is considered by the federal motor carrier safety 63
administration to be a commercial motor vehicle, including, but 64
not limited to, a motorized crane, a vehicle whose function is to 65
pump cement, a rig for drilling wells, and a portable crane.66

       (E) "Controlled substance" means all of the following:67

       (1) Any substance classified as a controlled substance under 68
the "Controlled Substances Act," 80 Stat. 1242 (1970), 21 U.S.C.A. 69
802(6), as amended;70

       (2) Any substance included in schedules I through V of 21 71
C.F.R. part 1308, as amended;72

       (3) Any drug of abuse.73

       (F) "Conviction" means an unvacated adjudication of guilt or 74
a determination that a person has violated or failed to comply 75
with the law in a court of original jurisdiction or an authorized 76
administrative tribunal, an unvacated forfeiture of bail or 77
collateral deposited to secure the person's appearance in court, a 78
plea of guilty or nolo contendere accepted by the court, the 79
payment of a fine or court cost, or violation of a condition of 80
release without bail, regardless of whether or not the penalty is 81
rebated, suspended, or probated.82

       (G) "Disqualification" means any of the following:83

       (1) The suspension, revocation, or cancellation of a person's 84
privileges to operate a commercial motor vehicle;85

       (2) Any withdrawal of a person's privileges to operate a 86
commercial motor vehicle as the result of a violation of state or 87
local law relating to motor vehicle traffic control other than 88
parking, vehicle weight, or vehicle defect violations;89

       (3) A determination by the federal motor carrier safety 90
administration that a person is not qualified to operate a 91
commercial motor vehicle under 49 C.F.R. 391.92

       (H) "Downgrade" means any of the following, as applicable:93

       (1) A change in the commercial driver's license holder's 94
self-certified status as described in division (A)(2) of section 95
4506.10 of the Revised Code;96

       (2) A change to a lesser class of vehicle;97

       (3) Removal of commercial driver's license privileges from 98
the individual's driver's license.99

       (I) "Drive" means to drive, operate, or be in physical 100
control of a motor vehicle.101

       (J) "Driver" means any person who drives, operates, or is in 102
physical control of a commercial motor vehicle or is required to 103
have a commercial driver's license.104

       (K) "Driver's license" means a license issued by the bureau 105
of motor vehicles that authorizes an individual to drive.106

       (L) "Drug of abuse" means any controlled substance, dangerous 107
drug as defined in section 4729.01 of the Revised Code, or 108
over-the-counter medication that, when taken in quantities 109
exceeding the recommended dosage, can result in impairment of 110
judgment or reflexes.111

       (M) "Electronic device" includes a cellular telephone, a 112
personal digital assistant, a pager, a computer, and any other 113
device used to input, write, send, receive, or read text.114

       (N) "Eligible unit of local government" means a village, 115
township, or county that has a population of not more than three 116
thousand persons according to the most recent federal census.117

       (O) "Employer" means any person, including the federal 118
government, any state, and a political subdivision of any state, 119
that owns or leases a commercial motor vehicle or assigns a person 120
to drive such a motor vehicle.121

       (P) "Endorsement" means an authorization on a person's 122
commercial driver's license that is required to permit the person 123
to operate a specified type of commercial motor vehicle.124

       (Q) "Farm truck" means a truck controlled and operated by a 125
farmer for use in the transportation to or from a farm, for a 126
distance of not more than one hundred fifty miles, of products of 127
the farm, including livestock and its products, poultry and its 128
products, floricultural and horticultural products, and in the 129
transportation to the farm, from a distance of not more than one 130
hundred fifty miles, of supplies for the farm, including tile, 131
fence, and every other thing or commodity used in agricultural, 132
floricultural, horticultural, livestock, and poultry production, 133
and livestock, poultry, and other animals and things used for 134
breeding, feeding, or other purposes connected with the operation 135
of the farm, when the truck is operated in accordance with this 136
division and is not used in the operations of a motor carrier, as 137
defined in section 4923.01 of the Revised Code.138

       (R) "Fatality" means the death of a person as the result of a 139
motor vehicle accident occurring not more than three hundred 140
sixty-five days prior to the date of death.141

       (S) "Felony" means any offense under federal or state law 142
that is punishable by death or specifically classified as a felony 143
under the law of this state, regardless of the penalty that may be 144
imposed.145

       (T) "Foreign jurisdiction" means any jurisdiction other than 146
a state.147

       (U) "Gross vehicle weight rating" means the value specified 148
by the manufacturer as the maximum loaded weight of a single or a 149
combination vehicle. The gross vehicle weight rating of a 150
combination vehicle is the gross vehicle weight rating of the 151
power unit plus the gross vehicle weight rating of each towed 152
unit.153

       (V) "Hazardous materials" means any material that has been 154
designated as hazardous under 49 U.S.C. 5103 and is required to be 155
placarded under subpart F of 49 C.F.R. part 172 or any quantity of 156
a material listed as a select agent or toxin in 42 C.F.R. part 73, 157
as amended.158

       (W) "Imminent hazard" means the existence of a condition that 159
presents a substantial likelihood that death, serious illness, 160
severe personal injury, or a substantial endangerment to health, 161
property, or the environment may occur before the reasonably 162
foreseeable completion date of a formal proceeding begun to lessen 163
the risk of that death, illness, injury, or endangerment.164

       (X) "Medical variance" means one of the following received by 165
a driver from the federal motor carrier safety administration that 166
allows the driver to be issued a medical certificate:167

       (1) An exemption letter permitting operation of a commercial 168
motor vehicle under 49 C.F.R. 381, subpart C or 49 C.F.R. 391.64;169

       (2) A skill performance evaluation certificate permitting 170
operation of a commercial motor vehicle pursuant to 49 C.F.R. 171
391.49.172

       (Y) "Motor vehicle" means a vehicle, machine, tractor, 173
trailer, or semitrailer propelled or drawn by mechanical power 174
used on highways, except that such term does not include a 175
vehicle, machine, tractor, trailer, or semitrailer operated 176
exclusively on a rail.177

       (Z) "Out-of-service order" means a declaration by an 178
authorized enforcement officer of a federal, state, local, 179
Canadian, or Mexican jurisdiction declaring that a driver, 180
commercial motor vehicle, or commercial motor carrier operation is 181
out of service as defined in 49 C.F.R. 390.5.182

       (AA) "Peace officer" has the same meaning as in section 183
2935.01 of the Revised Code.184

       (BB) "Portable tank" means a liquid or gaseous packaging 185
designed primarily to be loaded onto or temporarily attached to a 186
vehicle and equipped with skids, mountings, or accessories to 187
facilitate handling of the tank by mechanical means.188

       (CC) "Public safety vehicle" has the same meaning as in 189
divisions (E)(1) and (3) of section 4511.01 of the Revised Code.190

       (DD) "Recreational vehicle" includes every vehicle that is 191
defined as a recreational vehicle in section 4501.01 of the 192
Revised Code and is used exclusively for purposes other than 193
engaging in business for profit.194

       (EE) "Residence" means any person's residence determined in 195
accordance with standards prescribed in rules adopted by the 196
registrar.197

       (FF) "School bus" has the same meaning as in section 4511.01 198
of the Revised Code.199

       (GG) "Serious traffic violation" means any of the following:200

       (1) A conviction arising from a single charge of operating a 201
commercial motor vehicle in violation of any provision of section 202
4506.03 of the Revised Code;203

       (2) A violation while operating a commercial motor vehicle of 204
a law of this state, or any municipal ordinance or county or 205
township resolution prohibiting texting while driving, or any 206
other substantially similar law of another state or political 207
subdivision of another state;208

       (3) A conviction arising from the operation of any motor 209
vehicle that involves any of the following:210

       (a) A single charge of any speed in excess of the posted 211
speed limit by fifteen miles per hour or more;212

       (b) Violation of section 4511.20 or 4511.201 of the Revised 213
Code or any similar ordinance or resolution, or of any similar law 214
of another state or political subdivision of another state;215

       (c) Violation of a law of this state or an ordinance or 216
resolution relating to traffic control, other than a parking 217
violation, or of any similar law of another state or political 218
subdivision of another state, that results in a fatal accident;219

       (d) Violation of section 4506.03 of the Revised Code or a 220
substantially similar municipal ordinance or county or township 221
resolution, or of any similar law of another state or political 222
subdivision of another state, that involves the operation of a 223
commercial motor vehicle without a valid commercial driver's 224
license with the proper class or endorsement for the specific 225
vehicle group being operated or for the passengers or type of 226
cargo being transported;227

       (e) Violation of section 4506.03 of the Revised Code or a 228
substantially similar municipal ordinance or county or township 229
resolution, or of any similar law of another state or political 230
subdivision of another state, that involves the operation of a 231
commercial motor vehicle without a valid commercial driver's 232
license being in the person's possession;233

       (f) Violation of section 4511.33 or 4511.34 of the Revised 234
Code, or any municipal ordinance or county or township resolution 235
substantially similar to either of those sections, or any 236
substantially similar law of another state or political 237
subdivision of another state;238

       (g) Violation of any other law of this state or an ordinance 239
or resolution relating to traffic control, other than a parking 240
violation, that is determined to be a serious traffic violation by 241
the United States secretary of transportation and the director 242
designates as such by rule.243

       (HH) "State" means a state of the United States and includes 244
the District of Columbia.245

       (II) "Tank vehicle" means any commercial motor vehicle that 246
is designed to transport any liquid and has a maximum capacity 247
greater than one hundred nineteen gallons or is designed to 248
transport gaseous materials and has a water capacity greater than 249
one thousand pounds within a tank that is either permanently or 250
temporarily attached to the vehicle or its chassis. "Tank vehicle" 251
does not include any of the following:252

       (1) Any portable tank having a rated capacity of less than 253
one thousand gallons;254

       (2) Tanks used exclusively as a fuel tank for the motor 255
vehicle to which it is attached;256

        (3) An empty storage container tank that is not designed for 257
transportation and that is readily distinguishable from a 258
transportation tank;259

        (4) Ready-mix concrete mixers.260

       (JJ) "Tester" means a person or entity acting pursuant to a 261
valid agreement entered into pursuant to division (B) of section 262
4506.09 of the Revised Code.263

       (KK) "Texting" means manually entering alphanumeric text 264
into, or reading text from, an electronic device. Texting includes 265
short message service, e-mail, instant messaging, a command or 266
request to access a world wide web page, or engaging in any other 267
form of electronic text retrieval or entry, for present or future 268
communication. Texting does not include the following:269

       (1) Reading, selecting, or entering a telephone number, an 270
extension number, or voicemail retrieval codes and commands into 271
an electronic device for the purpose of initiating or receiving a 272
telephone call or using voice commands to initiate or receive a 273
telephone call;274

       (2) Inputting, selecting, or reading information on a global 275
positioning system or navigation system.276

       (LL) "Texting while driving" means texting while operating a 277
commercial motor vehicle, with the motor running, including while 278
temporarily stationary because of traffic, a traffic control 279
device, or other momentary delays, but does not include operating 280
a commercial motor vehicle with or without the motor running when 281
the driver has moved the vehicle to the side of, or off, a highway 282
and is stopped in a location where the vehicle can safely remain 283
stationary.284

        (MM) "United States" means the fifty states and the District 285
of Columbia.286

       (NN) "Upgrade" means a change in the class of vehicles, 287
endorsements, or self-certified status as described in division 288
(A)(2) of section 4506.10 of the Revised Code, that expands the 289
ability of a current commercial driver's license holder to operate 290
commercial motor vehicles under this chapter;291

       (OO) "Vehicle" has the same meaning as in section 4511.01 of 292
the Revised Code.293

       Sec. 4506.072. (A) Pursuant to the memorandum of 294
understanding agreement between the director of public safety and 295
the United States department of homeland security or other 296
designated federal agency authorized by section 4507.021 of the 297
Revised Code, and in accordance with rules adopted by the 298
registrar of motor vehicles under that section, the registrar or a 299
deputy registrar shall issue an enhanced commercial driver's 300
license to an eligible applicant for such a license who does all 301
of the following:302

        (1) Provides satisfactory proof of the applicant's identity 303
and citizenship;304

        (2) Submits a biometric identifier as required by rule;305

        (3) Signs a declaration on a form prescribed by the registrar 306
acknowledging the use of the one-to-many biometric match and radio 307
frequency identification or other security features of the 308
license;309

        (4) Pays a fee of twenty-five dollars, in addition to 310
applicable fees in section 4506.08 of the Revised Code for 311
issuance of a commercial driver's license;312

        (5) Complies with all other conditions, qualifications, and 313
requirements for issuance of a commercial driver's license.314

        (B) All provisions in the Revised Code relating to commercial 315
drivers' licenses include and apply to an enhanced commercial 316
driver's license. An enhanced commercial driver's license may be 317
used in the same manner as a commercial driver's license and 318
additionally is approved by the United States secretary of 319
homeland security for purposes of entering the United States at 320
authorized land and sea ports.321

       Sec. 4506.11.  (A) Every commercial driver's license shall be 322
marked "commercial driver's license" or "CDL" and shall be of such 323
material and so designed as to prevent its reproduction or 324
alteration without ready detection, and, to this end, shall be 325
laminated with a transparent plastic material. The commercial 326
driver's license for licensees under twenty-one years of age shall 327
have characteristics prescribed by the registrar of motor vehicles 328
distinguishing it from that issued to a licensee who is twenty-one 329
years of age or older. Every commercial driver's license shall 330
display all of the following information:331

       (1) The name and residence address of the licensee;332

       (2) A color photograph of the licensee showing the licensee's 333
uncovered face;334

       (3) A physical description of the licensee, including sex, 335
height, weight, and color of eyes and hair;336

       (4) The licensee's date of birth;337

       (5) The licensee's social security number if the person has 338
requested that the number be displayed in accordance with section 339
4501.31 of the Revised Code or if federal law requires the social 340
security number to be displayed and any number or other identifier 341
the director of public safety considers appropriate and 342
establishes by rules adopted under Chapter 119. of the Revised 343
Code and in compliance with federal law;344

       (6) The licensee's signature;345

       (7) The classes of commercial motor vehicles the licensee is 346
authorized to drive and any endorsements or restrictions relating 347
to the licensee's driving of those vehicles;348

       (8) The name of this state;349

       (9) The dates of issuance and of expiration of the license;350

       (10) If the licensee has certified willingness to make an 351
anatomical gift under section 2108.05 of the Revised Code, any 352
symbol chosen by the registrar of motor vehicles to indicate that 353
the licensee has certified that willingness;354

       (11) If the licensee has executed a durable power of attorney 355
for health care or a declaration governing the use or 356
continuation, or the withholding or withdrawal, of life-sustaining 357
treatment and has specified that the licensee wishes the license 358
to indicate that the licensee has executed either type of 359
instrument, any symbol chosen by the registrar to indicate that 360
the licensee has executed either type of instrument;361

       (12) On and after October 7, 2009, if the licensee has 362
specified that the licensee wishes the license to indicate that 363
the licensee is a veteran, active duty, or reservist of the armed 364
forces of the United States and has presented a copy of the 365
licensee's DD-214 form or an equivalent document, any symbol 366
chosen by the registrar to indicate that the licensee is a 367
veteran, active duty, or reservist of the armed forces of the 368
United States;369

       (13) Any other information the registrar considers advisable 370
and requires by rule.371

       (B) Every enhanced driver's license shall have any additional 372
characteristics established by rule adopted under section 4507.021 373
of the Revised Code.374

        (C) The registrar may establish and maintain a file of 375
negatives of photographs taken for the purposes of this section.376

       (C)(D) Neither the registrar nor any deputy registrar shall 377
issue a commercial driver's license to anyone under twenty-one 378
years of age that does not have the characteristics prescribed by 379
the registrar distinguishing it from the commercial driver's 380
license issued to persons who are twenty-one years of age or 381
older.382

       (D)(E) Whoever violates division (C)(D) of this section is 383
guilty of a minor misdemeanor.384

       Sec. 4507.01.  (A) As used in this chapter, "motor vehicle," 385
"motorized bicycle," "state," "owner," "operator," "chauffeur," 386
and "highways" have the same meanings as in section 4501.01 of the 387
Revised Code.388

       "Driver's license" means a class D license issued to any 389
person to operate a motor vehicle or motor-driven cycle, other 390
than a commercial motor vehicle, and includes "probationary 391
license," "restricted license," and any operator's or chauffeur's 392
license issued before January 1, 1990. Except as otherwise 393
specifically provided, "driver's license" includes "enhanced 394
driver's license."395

        "Enhanced driver's license" means a driver's license issued 396
in accordance with sections 4507.021 and 4507.061 of the Revised 397
Code that denotes citizenship and identity and is approved by the 398
United States secretary of homeland security for purposes of 399
entering the United States and that contains technology and 400
security features approved by the secretary of homeland security.401

       "Probationary license" means the license issued to any person 402
between sixteen and eighteen years of age to operate a motor 403
vehicle.404

       "Restricted license" means the license issued to any person 405
to operate a motor vehicle subject to conditions or restrictions 406
imposed by the registrar of motor vehicles.407

       "Commercial driver's license" means the license issued to a 408
person under Chapter 4506. of the Revised Code to operate a 409
commercial motor vehicle.410

       "Commercial motor vehicle" has the same meaning as in section 411
4506.01 of the Revised Code.412

       "Motorized bicycle license" means the license issued under 413
section 4511.521 of the Revised Code to any person to operate a 414
motorized bicycle including a "probationary motorized bicycle 415
license."416

       "Probationary motorized bicycle license" means the license 417
issued under section 4511.521 of the Revised Code to any person 418
between fourteen and sixteen years of age to operate a motorized 419
bicycle.420

       "Identification card" means a card issued under sections 421
4507.50 and 4507.51 of the Revised Code. Except as otherwise 422
specifically provided, "identification card" includes "enhanced 423
identification card."424

        "Enhanced identification card" means an identification card 425
issued in accordance with section 4507.511 of the Revised Code 426
that denotes citizenship and identity and contains technology and 427
security features approved by the secretary of homeland security 428
and is approved by the secretary for purposes of entering the 429
United States.430

       "Resident" means a person who, in accordance with standards 431
prescribed in rules adopted by the registrar, resides in this 432
state on a permanent basis.433

       "Temporary resident" means a person who, in accordance with 434
standards prescribed in rules adopted by the registrar, resides in 435
this state on a temporary basis.436

       (B) In the administration of this chapter and Chapter 4506. 437
of the Revised Code, the registrar has the same authority as is 438
conferred on the registrar by section 4501.02 of the Revised Code. 439
Any act of an authorized deputy registrar of motor vehicles under 440
direction of the registrar is deemed the act of the registrar.441

       To carry out this chapter, the registrar shall appoint such 442
deputy registrars in each county as are necessary.443

       The registrar also shall provide at each place where an 444
application for a driver's or commercial driver's license or 445
identification card may be made the necessary equipment to take a 446
color photograph of the applicant for such license or card as 447
required under section 4506.11 or 4507.06 of the Revised Code, and 448
to conduct the vision screenings required by section 4507.12 of 449
the Revised Code, and equipment to laminate licenses, motorized 450
bicycle licenses, and identification cards as required by sections 451
4507.13, 4507.52, and 4511.521 of the Revised Code.452

       The registrar shall assign one or more deputy registrars to 453
any driver's license examining station operated under the 454
supervision of the director of public safety, whenever the 455
registrar considers such assignment possible. Space shall be 456
provided in the driver's license examining station for any such 457
deputy registrar so assigned. The deputy registrars shall not 458
exercise the powers conferred by such sections upon the registrar, 459
unless they are specifically authorized to exercise such powers by 460
such sections.461

       (C) No agent for any insurance company, writing automobile 462
insurance, shall be appointed deputy registrar, and any such 463
appointment is void. No deputy registrar shall in any manner 464
solicit any form of automobile insurance, nor in any manner 465
advise, suggest, or influence any licensee or applicant for 466
license for or against any kind or type of automobile insurance, 467
insurance company, or agent, nor have the deputy registrar's 468
office directly connected with the office of any automobile 469
insurance agent, nor impart any information furnished by any 470
applicant for a license or identification card to any person, 471
except the registrar. This division shall not apply to any 472
nonprofit corporation appointed deputy registrar.473

       (D) The registrar shall immediately remove a deputy registrar 474
who violates the requirements of this chapter.475

       (E) The registrar shall periodically solicit bids and enter 476
into a contract for the provision of laminating equipment and 477
laminating materials to the registrar and all deputy registrars. 478
The registrar shall not consider any bid that does not provide for 479
the supplying of both laminating equipment and laminating 480
materials. The laminating materials selected shall contain a 481
security feature so that any tampering with the laminating 482
material covering a license or identification card is readily 483
apparent. In soliciting bids and entering into a contract for the 484
provision of laminating equipment and laminating materials, the 485
registrar shall observe all procedures required by law.486

       Sec. 4507.021. (A)(1) The director of public safety shall 487
enter into a memorandum of understanding with the United States 488
department of homeland security or other designated federal agency 489
for the purpose of obtaining approval to issue an enhanced 490
driver's license, enhanced commercial driver's license, and 491
enhanced identification card acceptable as proof of identity and 492
citizenship for Ohio residents entering the United States at 493
authorized land and sea ports.494

        (2) In conjunction with the United States department of 495
homeland security or other designated federal agency, the director 496
of public safety may enter into an agreement with the United 497
Mexican States, Canada, or a Canadian province for the purpose of 498
implementing a border-crossing initiative.499

        (B) Pursuant to an agreement under division (A)(1) of this 500
section, the registrar of motor vehicles, subject to approval of 501
the director of public safety, shall adopt rules in accordance 502
with Chapter 119. of the Revised Code governing issuance of an 503
enhanced driver's license, enhanced commercial driver's license, 504
and enhanced identification card. The rules shall establish 505
acceptable proof of identity and citizenship for issuance of an 506
enhanced license or identification card. The rules shall establish 507
reasonable security measures to prevent counterfeiting and to 508
protect against unauthorized disclosure of personal information 509
that is contained in an enhanced license or identification card. 510
The rules may require a one-to-many biometric matching system for 511
identification purposes and may require use of radio frequency 512
identification technology or other secure technology acceptable to 513
the United States department of homeland security that is 514
encrypted or otherwise secure from unauthorized data access. The 515
rules may establish additional characteristics for an enhanced 516
license or identification card. The registrar may adopt any other 517
rules necessary to implement issuance of an enhanced driver's 518
license, enhanced commercial driver's license, and enhanced 519
identification card.520

       Sec. 4507.061. (A) Pursuant to the memorandum of 521
understanding agreement between the director of public safety and 522
the United States department of homeland security or other 523
designated federal agency authorized by section 4507.021 of the 524
Revised Code, and in accordance with rules adopted by the 525
registrar of motor vehicles under that section, the registrar or a 526
deputy registrar shall issue an enhanced driver's license to an 527
eligible applicant for such a license who does all of the 528
following:529

        (1) Provides satisfactory proof of the applicant's identity 530
and citizenship;531

        (2) Submits a biometric identifier as required by rule;532

        (3) Signs a declaration on a form prescribed by the registrar 533
acknowledging the use of the one-to-many biometric match and radio 534
frequency identification or other security features of the 535
license;536

        (4) Pays a fee of twenty-five dollars, in addition to 537
applicable fees in sections 4507.23 and 4507.24 of the Revised 538
Code for issuance of a driver's license;539

        (5) Complies with all other conditions, qualifications, and 540
requirements for issuance of a driver's license.541

        (B) All provisions in the Revised Code relating to drivers' 542
licenses include and apply to an enhanced driver's license. An 543
enhanced driver's license may be used in the same manner as a 544
driver's license and additionally is approved by the United States 545
secretary of homeland security for purposes of entering the United 546
States at authorized land and sea ports.547

       Sec. 4507.13.  (A) The registrar of motor vehicles shall 548
issue a driver's license to every person licensed as an operator 549
of motor vehicles other than commercial motor vehicles. No person 550
licensed as a commercial motor vehicle driver under Chapter 4506. 551
of the Revised Code need procure a driver's license, but no person 552
shall drive any commercial motor vehicle unless licensed as a 553
commercial motor vehicle driver.554

       Every driver's license shall display on it the distinguishing 555
number assigned to the licensee and shall display the licensee's 556
name and date of birth; the licensee's residence address and 557
county of residence; a color photograph of the licensee; a brief 558
description of the licensee for the purpose of identification; a 559
facsimile of the signature of the licensee as it appears on the 560
application for the license; a notation, in a manner prescribed by 561
the registrar, indicating any condition described in division 562
(D)(3) of section 4507.08 of the Revised Code to which the 563
licensee is subject; if the licensee has executed a durable power 564
of attorney for health care or a declaration governing the use or 565
continuation, or the withholding or withdrawal, of life-sustaining 566
treatment and has specified that the licensee wishes the license 567
to indicate that the licensee has executed either type of 568
instrument, any symbol chosen by the registrar to indicate that 569
the licensee has executed either type of instrument; on and after 570
October 7, 2009, if the licensee has specified that the licensee 571
wishes the license to indicate that the licensee is a veteran, 572
active duty, or reservist of the armed forces of the United States 573
and has presented a copy of the licensee's DD-214 form or an 574
equivalent document, any symbol chosen by the registrar to 575
indicate that the licensee is a veteran, active duty, or reservist 576
of the armed forces of the United States; and any additional 577
information that the registrar requires by rule. No license shall 578
display the licensee's social security number unless the licensee 579
specifically requests that the licensee's social security number 580
be displayed on the license. If federal law requires the 581
licensee's social security number to be displayed on the license, 582
the social security number shall be displayed on the license 583
notwithstanding this section.584

       The driver's license for licensees under twenty-one years of 585
age shall have characteristics prescribed by the registrar 586
distinguishing it from that issued to a licensee who is twenty-one 587
years of age or older, except that a driver's license issued to a 588
person who applies no more than thirty days before the applicant's 589
twenty-first birthday shall have the characteristics of a license 590
issued to a person who is twenty-one years of age or older.591

       The driver's license issued to a temporary resident shall 592
contain the word "nonrenewable" and shall have any additional 593
characteristics prescribed by the registrar distinguishing it from 594
a license issued to a resident.595

       Every enhanced driver's license shall have any additional 596
characteristics established by rule adopted under section 4507.021 597
of the Revised Code.598

       Every driver's or commercial driver's license displaying a 599
motorcycle operator's endorsement and every restricted license to 600
operate a motor vehicle also shall display the designation 601
"novice," if the endorsement or license is issued to a person who 602
is eighteen years of age or older and previously has not been 603
licensed to operate a motorcycle by this state or another 604
jurisdiction recognized by this state. The "novice" designation 605
shall be effective for one year after the date of issuance of the 606
motorcycle operator's endorsement or license.607

       Each license issued under this section shall be of such 608
material and so designed as to prevent its reproduction or 609
alteration without ready detection and, to this end, shall be 610
laminated with a transparent plastic material.611

       (B) Except in regard to a driver's license issued to a person 612
who applies no more than thirty days before the applicant's 613
twenty-first birthday, neither the registrar nor any deputy 614
registrar shall issue a driver's license to anyone under 615
twenty-one years of age that does not have the characteristics 616
prescribed by the registrar distinguishing it from the driver's 617
license issued to persons who are twenty-one years of age or 618
older.619

       (C) Whoever violates division (B) of this section is guilty 620
of a minor misdemeanor.621

       Sec. 4507.511. (A) Pursuant to the memorandum of 622
understanding agreement between the director of public safety and 623
the United States department of homeland security or other 624
designated federal agency authorized by section 4507.021 of the 625
Revised Code, and in accordance with rules adopted by the 626
registrar of motor vehicles under that section, the registrar or a 627
deputy registrar shall issue an enhanced identification card to an 628
eligible applicant for such a card who does all of the following:629

        (1) Provides satisfactory proof of the applicant's identity 630
and citizenship;631

        (2) Submits a biometric identifier as required by rule;632

        (3) Signs a declaration on a form prescribed by the registrar 633
acknowledging the use of the one-to-many biometric match and radio 634
frequency identification or other security features of the card;635

        (4) Pays a fee of twenty-five dollars, in addition to 636
applicable fees in section 4507.50 of the Revised Code for 637
issuance of an identification card;638

        (5) Complies with all other requirements for issuance of an 639
identification card.640

        (B) All provisions in the Revised Code relating to 641
identification cards issued under sections 4507.50 to 4507.52 of 642
the Revised Code include and apply to an enhanced identification 643
card. An enhanced identification card may be used in the same 644
manner as an identification card issued under sections 4507.50 to 645
4507.52 of the Revised Code and additionally is approved by the 646
United States secretary of homeland security for purposes of 647
entering the United States at authorized land and sea ports.648

       Sec. 4507.52.  (A) Each identification card issued by the 649
registrar of motor vehicles or a deputy registrar shall display a 650
distinguishing number assigned to the cardholder, and shall 651
display the following inscription:652

"STATE OF OHIO IDENTIFICATION CARD
653

       This card is not valid for the purpose of operating a motor 654
vehicle. It is provided solely for the purpose of establishing the 655
identity of the bearer described on the card, who currently is not 656
licensed to operate a motor vehicle in the state of Ohio."657

       The identification card shall display substantially the same 658
information as contained in the application and as described in 659
division (A)(1) of section 4507.51 of the Revised Code, but shall 660
not display the cardholder's social security number unless the 661
cardholder specifically requests that the cardholder's social 662
security number be displayed on the card. If federal law requires 663
the cardholder's social security number to be displayed on the 664
identification card, the social security number shall be displayed 665
on the card notwithstanding this section. The identification card 666
also shall display the color photograph of the cardholder. If the 667
cardholder has executed a durable power of attorney for health 668
care or a declaration governing the use or continuation, or the 669
withholding or withdrawal, of life-sustaining treatment and has 670
specified that the cardholder wishes the identification card to 671
indicate that the cardholder has executed either type of 672
instrument, the card also shall display any symbol chosen by the 673
registrar to indicate that the cardholder has executed either type 674
of instrument. On and after October 7, 2009, if the cardholder has 675
specified that the cardholder wishes the identification card to 676
indicate that the cardholder is a veteran, active duty, or 677
reservist of the armed forces of the United States and has 678
presented a copy of the cardholder's DD-214 form or an equivalent 679
document, the card also shall display any symbol chosen by the 680
registrar to indicate that the cardholder is a veteran, active 681
duty, or reservist of the armed forces of the United States. The 682
card shall be sealed in transparent plastic or similar material 683
and shall be so designed as to prevent its reproduction or 684
alteration without ready detection.685

       The identification card for persons under twenty-one years of 686
age shall have characteristics prescribed by the registrar 687
distinguishing it from that issued to a person who is twenty-one 688
years of age or older, except that an identification card issued 689
to a person who applies no more than thirty days before the 690
applicant's twenty-first birthday shall have the characteristics 691
of an identification card issued to a person who is twenty-one 692
years of age or older.693

       Every enhanced identification card shall have any additional 694
characteristics established by rule adopted under section 4507.021 695
of the Revised Code.696

       Every identification card issued to a resident of this state 697
shall expire, unless canceled or surrendered earlier, on the 698
birthday of the cardholder in the fourth year after the date on 699
which it is issued. Every identification card issued to a 700
temporary resident shall expire in accordance with rules adopted 701
by the registrar and is nonrenewable, but may be replaced with a 702
new identification card upon the applicant's compliance with all 703
applicable requirements. A cardholder may renew the cardholder's 704
identification card within ninety days prior to the day on which 705
it expires by filing an application and paying the prescribed fee 706
in accordance with section 4507.50 of the Revised Code.707

       If a cardholder applies for a driver's or commercial driver's 708
license in this state or another licensing jurisdiction, the 709
cardholder shall surrender the cardholder's identification card to 710
the registrar or any deputy registrar before the license is 711
issued.712

       (B) If a card is lost, destroyed, or mutilated, the person to 713
whom the card was issued may obtain a duplicate by doing both of 714
the following:715

       (1) Furnishing suitable proof of the loss, destruction, or 716
mutilation to the registrar or a deputy registrar;717

       (2) Filing an application and presenting documentary evidence 718
under section 4507.51 of the Revised Code.719

       Any person who loses a card and, after obtaining a duplicate, 720
finds the original, immediately shall surrender the original to 721
the registrar or a deputy registrar.722

       A cardholder may obtain a replacement identification card 723
that reflects any change of the cardholder's name by furnishing 724
suitable proof of the change to the registrar or a deputy 725
registrar and surrendering the cardholder's existing card.726

       When a cardholder applies for a duplicate or obtains a 727
replacement identification card, the cardholder shall pay a fee of 728
two dollars and fifty cents. A deputy registrar shall be allowed 729
an additional fee of two dollars and seventy-five cents commencing 730
on July 1, 2001, three dollars and twenty-five cents commencing on 731
January 1, 2003, and three dollars and fifty cents commencing on 732
January 1, 2004, for issuing a duplicate or replacement 733
identification card. A disabled veteran who is a cardholder and 734
has a service-connected disability rated at one hundred per cent 735
by the veterans' administration may apply to the registrar or a 736
deputy registrar for the issuance of a duplicate or replacement 737
identification card without payment of any fee prescribed in this 738
section, and without payment of any lamination fee if the disabled 739
veteran would not be required to pay a lamination fee in 740
connection with the issuance of an identification card or 741
temporary identification card as provided in division (B) of 742
section 4507.50 of the Revised Code.743

       A duplicate or replacement identification card shall expire 744
on the same date as the card it replaces.745

       (C) The registrar shall cancel any card upon determining that 746
the card was obtained unlawfully, issued in error, or was altered. 747
The registrar also shall cancel any card that is surrendered to 748
the registrar or to a deputy registrar after the holder has 749
obtained a duplicate, replacement, or driver's or commercial 750
driver's license.751

       (D)(1) No agent of the state or its political subdivisions 752
shall condition the granting of any benefit, service, right, or 753
privilege upon the possession by any person of an identification 754
card. Nothing in this section shall preclude any publicly operated 755
or franchised transit system from using an identification card for 756
the purpose of granting benefits or services of the system.757

       (2) No person shall be required to apply for, carry, or 758
possess an identification card.759

       (E) Except in regard to an identification card issued to a 760
person who applies no more than thirty days before the applicant's 761
twenty-first birthday, neither the registrar nor any deputy 762
registrar shall issue an identification card to a person under 763
twenty-one years of age that does not have the characteristics 764
prescribed by the registrar distinguishing it from the 765
identification card issued to persons who are twenty-one years of 766
age or older.767

       (F) Whoever violates division (E) of this section is guilty 768
of a minor misdemeanor.769

       Section 2. That existing sections 4506.01, 4506.11, 4507.01, 770
4507.13, and 4507.52 of the Revised Code are hereby repealed.771

       Section 3. That the version of section 4507.01 of the Revised 772
Code that is scheduled to take effect January 1, 2017, be amended 773
to read as follows:774

       Sec. 4507.01.  (A) As used in this chapter, "motor vehicle," 775
"motorized bicycle," "state," "owner," "operator," "chauffeur," 776
and "highways" have the same meanings as in section 4501.01 of the 777
Revised Code.778

       "Driver's license" means a class D license issued to any 779
person to operate a motor vehicle or motor-driven cycle, other 780
than a commercial motor vehicle, and includes "probationary 781
license," "restricted license," and any operator's or chauffeur's 782
license issued before January 1, 1990. Except as otherwise 783
specifically provided, "driver's license" includes "enhanced 784
driver's license."785

        "Enhanced driver's license" means a driver's license issued 786
in accordance with sections 4507.021 and 4507.061 of the Revised 787
Code that denotes citizenship and identity and is approved by the 788
United States secretary of homeland security for purposes of 789
entering the United States and that contains technology and 790
security features approved by the secretary of homeland security.791

       "Probationary license" means the license issued to any person 792
between sixteen and eighteen years of age to operate a motor 793
vehicle.794

       "Restricted license" means the license issued to any person 795
to operate a motor vehicle subject to conditions or restrictions 796
imposed by the registrar of motor vehicles.797

       "Commercial driver's license" means the license issued to a 798
person under Chapter 4506. of the Revised Code to operate a 799
commercial motor vehicle.800

       "Commercial motor vehicle" has the same meaning as in section 801
4506.01 of the Revised Code.802

       "Motorcycle operator's temporary instruction permit, license, 803
or endorsement" includes a temporary instruction permit, license, 804
or endorsement for a motor-driven cycle or motor scooter unless 805
otherwise specified.806

       "Motorized bicycle license" means the license issued under 807
section 4511.521 of the Revised Code to any person to operate a 808
motorized bicycle including a "probationary motorized bicycle 809
license."810

       "Probationary motorized bicycle license" means the license 811
issued under section 4511.521 of the Revised Code to any person 812
between fourteen and sixteen years of age to operate a motorized 813
bicycle.814

       "Identification card" means a card issued under sections 815
4507.50 and 4507.51 of the Revised Code. Except as otherwise 816
specifically provided, "identification card" includes "enhanced 817
identification card."818

        "Enhanced identification card" means an identification card 819
issued in accordance with section 4507.511 of the Revised Code 820
that denotes citizenship and identity and contains technology and 821
security features approved by the secretary of homeland security 822
and is approved by the secretary for purposes of entering the 823
United States.824

       "Resident" means a person who, in accordance with standards 825
prescribed in rules adopted by the registrar, resides in this 826
state on a permanent basis.827

       "Temporary resident" means a person who, in accordance with 828
standards prescribed in rules adopted by the registrar, resides in 829
this state on a temporary basis.830

       (B) In the administration of this chapter and Chapter 4506. 831
of the Revised Code, the registrar has the same authority as is 832
conferred on the registrar by section 4501.02 of the Revised Code. 833
Any act of an authorized deputy registrar of motor vehicles under 834
direction of the registrar is deemed the act of the registrar.835

       To carry out this chapter, the registrar shall appoint such 836
deputy registrars in each county as are necessary.837

       The registrar also shall provide at each place where an 838
application for a driver's or commercial driver's license or 839
identification card may be made the necessary equipment to take a 840
color photograph of the applicant for such license or card as 841
required under section 4506.11 or 4507.06 of the Revised Code, and 842
to conduct the vision screenings required by section 4507.12 of 843
the Revised Code, and equipment to laminate licenses, motorized 844
bicycle licenses, and identification cards as required by sections 845
4507.13, 4507.52, and 4511.521 of the Revised Code.846

       The registrar shall assign one or more deputy registrars to 847
any driver's license examining station operated under the 848
supervision of the director of public safety, whenever the 849
registrar considers such assignment possible. Space shall be 850
provided in the driver's license examining station for any such 851
deputy registrar so assigned. The deputy registrars shall not 852
exercise the powers conferred by such sections upon the registrar, 853
unless they are specifically authorized to exercise such powers by 854
such sections.855

       (C) No agent for any insurance company, writing automobile 856
insurance, shall be appointed deputy registrar, and any such 857
appointment is void. No deputy registrar shall in any manner 858
solicit any form of automobile insurance, nor in any manner 859
advise, suggest, or influence any licensee or applicant for 860
license for or against any kind or type of automobile insurance, 861
insurance company, or agent, nor have the deputy registrar's 862
office directly connected with the office of any automobile 863
insurance agent, nor impart any information furnished by any 864
applicant for a license or identification card to any person, 865
except the registrar. This division shall not apply to any 866
nonprofit corporation appointed deputy registrar.867

       (D) The registrar shall immediately remove a deputy registrar 868
who violates the requirements of this chapter.869

       (E) The registrar shall periodically solicit bids and enter 870
into a contract for the provision of laminating equipment and 871
laminating materials to the registrar and all deputy registrars. 872
The registrar shall not consider any bid that does not provide for 873
the supplying of both laminating equipment and laminating 874
materials. The laminating materials selected shall contain a 875
security feature so that any tampering with the laminating 876
material covering a license or identification card is readily 877
apparent. In soliciting bids and entering into a contract for the 878
provision of laminating equipment and laminating materials, the 879
registrar shall observe all procedures required by law.880

       Section 4. That the existing version of section 4507.01 of 881
the Revised Code that is scheduled to take effect January 1, 2017, 882
is hereby repealed.883

       Section 5. Sections 3 and 4 of this act shall take effect 884
January 1, 2017.885

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