As Introduced 136th General Assembly Regular Session S. B. No. 62 2025-2026 Senator Gavarone A B I LL To amend sections 4503.10, 4503.102, 4503.12, 4511.75, 4511.751, and 4511.76; to amend, for the purpose of adopting a new section number as indicated in parentheses, section 4511.751 (4511.752); and to enact new section 4511.751 and sections 5.501, 3327.18, 3327.19, 4511.753, 4511.754, 4511.755, 4511.756, and 4511.757 of the Revised Code to authorize a civil penalty system related to drivers who illegally pass a school bus but cannot be identified, to designate the month of August as "School Bus Safety Awareness Month," and to designate this act as the School Bus Safety Act. BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: Section 1. That sections 4503.10, 4503.102, 4503.12, 4511.75, 4511.751, and 4511.76 be amended; section 4511.751 (4511.752) be amended for the purpose of adopting a new section number as indicated in parentheses; and new section 4511.751 and sections 5.501, 3327.18, 3327.19, 4511.753, 4511.754, 4511.755, 4511.756, and 4511.757 of the Revised Code be enacted to read as follows: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 S. B. No. 62 Page 2 As Introduced Sec. 5.501. The month of August is designated as "School Bus Safety Awareness Month" to increase public awareness of the need to properly stop when a stopped school bus is loading and unloading passengers. Sec. 3327.18. (A) The school bus safety fund is created in the state treasury. The fund shall consist of the civil penalties collected in accordance with sections 4511.753 to 4511.757 of the Revised Code. (B) The fund shall be administered by the director of education and workforce. Money in the fund shall be used to make grants to school districts for purposes of improving the safety features on school buses in accordance with section 3327.19 of the Revised Code. Money in the fund also may be used to support the department of education and workforce and the department of public safety in educating the public regarding the laws surrounding school bus safety. (C) All investment earnings of the fund shall be credited to the fund. Sec. 3327.19. (A) As used in this section: (1) "Eligible applicant" means a board of education of a city school district, a local school district, an exempted village school district, a cooperative education school district, or a joint vocational school district, or a governing board of an educational service center. (2) "School bus safety feature" means any of the following: (a) External school bus cameras; (b) Crossing arms; 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 S. B. No. 62 Page 3 As Introduced (c) Lane departure warning systems; (d) Electronic stability control; (e) Lighted crossover mirrors; (f) Colorado rack test-approved bus frames; (g) Fully illuminated stop arms located at the front and rear of a school bus; (h) Collision avoidance systems; (i) All light-emitting diode lights; (j) Ground wash lights; (k) Reflective chevron; (l) Occupant restraining devices that conform to the school bus seat belt requirements of 49 C.F.R. 571; (m) Additional safety features that become available through advancements in technology and that are approved by the department of public safety and the department of education and workforce. (B) The department of education and workforce shall administer a school bus safety grant program. Under the grant program, the department shall award grants to eligible applicants who apply to the department for funding to do one of the following: (1) Purchase and install school bus safety features on an eligible applicant's school buses that do not currently have those features installed; (2) Purchase and install school bus safety features to replace old, broken, or outdated safety features on an eligible 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 S. B. No. 62 Page 4 As Introduced applicant's current school buses; (3) Purchase school bus safety features as additional features to be included on new school buses being purchased by the eligible applicant. (C) The department shall use the school bus safety fund created under section 3327.18 of the Revised Code to provide grants to eligible applicants in accordance with this section. (D) The director of education and workforce shall establish any procedures and requirements necessary to administer this section, including procedures and requirements governing the form of grant applications and grant award processes and amounts. (E) An eligible applicant that receives a grant under this section shall do both of the following: (1) Use the funds only for the purchase and installation of school bus safety features; (2) Spend any grant funds awarded not later than two years after the date the funds are distributed to the eligible applicant. Sec. 4503.10. (A) The owner of every snowmobile, off- highway motorcycle, and all-purpose vehicle required to be registered under section 4519.02 of the Revised Code shall file an application for registration under section 4519.03 of the Revised Code. The owner of a motor vehicle, other than a snowmobile, off-highway motorcycle, or all-purpose vehicle, that is not designed and constructed by the manufacturer for operation on a street or highway may not register it under this chapter except upon certification of inspection pursuant to section 4513.02 of the Revised Code by the sheriff, or the chief 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 S. B. No. 62 Page 5 As Introduced of police of the municipal corporation or township, with jurisdiction over the political subdivision in which the owner of the motor vehicle resides. Except as provided in sections 4503.103 and 4503.107 of the Revised Code, every owner of every other motor vehicle not previously described in this section and every person mentioned as owner in the last certificate of title of a motor vehicle that is operated or driven upon the public roads or highways shall cause to be filed each year, by mail or otherwise, in the office of the registrar of motor vehicles or a deputy registrar, a written or electronic application or a preprinted registration renewal notice issued under section 4503.102 of the Revised Code, the form of which shall be prescribed by the registrar, for registration for the following registration year, which shall begin on the first day of January of every calendar year and end on the thirty-first day of December in the same year. Applications for registration and registration renewal notices shall be filed at the times established by the registrar pursuant to section 4503.101 of the Revised Code. A motor vehicle owner also may elect to apply for or renew a motor vehicle registration by electronic means using electronic signature in accordance with rules adopted by the registrar. Except as provided in division (J) of this section, applications for registration shall be made on blanks furnished by the registrar for that purpose, containing the following information: (1) A brief description of the motor vehicle to be registered, including the year, make, model, and vehicle identification number, and, in the case of commercial cars, the gross weight of the vehicle fully equipped computed in the manner prescribed in section 4503.08 of the Revised Code; (2) The name and residence address of the owner, and the 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 S. B. No. 62 Page 6 As Introduced township and municipal corporation in which the owner resides; (3) The district of registration, which shall be determined as follows: (a) In case the motor vehicle to be registered is used for hire or principally in connection with any established business or branch business, conducted at a particular place, the district of registration is the municipal corporation in which that place is located or, if not located in any municipal corporation, the county and township in which that place is located. (b) In case the vehicle is not so used, the district of registration is the municipal corporation or county in which the owner resides at the time of making the application. (4) Whether the motor vehicle is a new or used motor vehicle; (5) The date of purchase of the motor vehicle; (6) Whether the fees required to be paid for the registration or transfer of the motor vehicle, during the preceding registration year and during the preceding period of the current registration year, have been paid. Each application for registration shall be signed by the owner, either manually or by electronic signature, or pursuant to obtaining a limited power of attorney authorized by the registrar for registration, or other document authorizing such signature. If the owner elects to apply for or renew the motor vehicle registration with the registrar by electronic means, the owner's manual signature is not required. (7) The owner's social security number, driver's license number, or state identification number, or, where a motor 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 S. B. No. 62 Page 7 As Introduced vehicle to be registered is used for hire or principally in connection with any established business, the owner's federal taxpayer identification number. The bureau of motor vehicles shall retain in its records all social security numbers provided under this section, but the bureau shall not place social security numbers on motor vehicle certificates of registration. (8) Whether the applicant wishes to certify willingness to make an anatomical gift if an applicant has not so certified under section 2108.05 of the Revised Code. The applicant's response shall not be considered in the decision of whether to approve the application for registration. (B)(1) When an applicant first registers a motor vehicle in the applicant's name, the applicant shall provide proof of ownership of that motor vehicle. Proof of ownership may include any of the following: (a) The applicant may present for inspection a physical certificate of title or memorandum certificate showing title to the motor vehicle to be registered in the name of the applicant. (b) The applicant may present for inspection an electronic certificate of title for the applicant's motor vehicle in a manner prescribed by rules adopted by the registrar. (c) The registrar or deputy registrar may electronically confirm the applicant's ownership of the motor vehicle. An applicant is not required to present a certificate of title to an electronic motor vehicle dealer acting as a limited authority deputy registrar in accordance with rules adopted by the registrar. (2) When a motor vehicle inspection and maintenance program is in effect under section 3704.14 of the Revised Code 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 S. B. No. 62 Page 8 As Introduced and rules adopted under it, each application for registration for a vehicle required to be inspected under that section and those rules shall be accompanied by an inspection certificate for the motor vehicle issued in accordance with that section. (3) An application for registration shall be refused if any of the following applies: (a) The application is not in proper form. (b) The application is prohibited from being accepted by division (D) of section 2935.27, division (A) of section 2937.221, division (A) of section 4503.13, division (B) of section 4510.22, division (D) of section 4511.756, division (B) (1) of section 4521.10, or division (B) of section 5537.041 of the Revised Code. (c) Proof of ownership is required but is not presented or confirmed in accordance with division (B)(1) of this section. (d) All registration and transfer fees for the motor vehicle, for the preceding year or the preceding period of the current registration year, have not been paid. (e) The owner or lessee does not have an inspection certificate for the motor vehicle as provided in section 3704.14 of the Revised Code, and rules adopted under it, if that section is applicable. (4) This section does not require the payment of license or registration taxes on a motor vehicle for any preceding year, or for any preceding period of a year, if the motor vehicle was not taxable for that preceding year or period under sections 4503.02, 4503.04, 4503.11, 4503.12, and 4503.16 or Chapter 4504. of the Revised Code. 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 S. B. No. 62 Page 9 As Introduced (5) When a certificate of registration is issued upon the first registration of a motor vehicle by or on behalf of the owner, the official issuing the certificate shall indicate the issuance with a stamp on the certificate of title or memorandum certificate or, in the case of an electronic certificate of title or electronic verification of ownership, an electronic stamp or other notation as specified in rules adopted by the registrar, and with a stamp on the inspection certificate for the motor vehicle, if any. (6) The official also shall indicate, by a stamp or by other means the registrar prescribes, on the registration certificate issued upon the first registration of a motor vehicle by or on behalf of the owner the odometer reading of the motor vehicle as shown in the odometer statement included in or attached to the certificate of title. Upon each subsequent registration of the motor vehicle by or on behalf of the same owner, the official also shall so indicate the odometer reading of the motor vehicle as shown on the immediately preceding certificate of registration. (7) The registrar shall include in the permanent registration record of any vehicle required to be inspected under section 3704.14 of the Revised Code the inspection certificate number from the inspection certificate that is presented at the time of registration of the vehicle as required under this division. (C)(1) Except as otherwise provided in division (C)(1) of this section, the registrar and each deputy registrar shall collect an additional fee of eleven dollars for each application for registration and registration renewal received. For vehicles specified in divisions (A)(1) to (21) of section 4503.042 of the 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 250 S. B. No. 62 Page 10 As Introduced Revised Code, the registrar and deputy registrar shall collect an additional fee of thirty dollars for each application for registration and registration renewal received. No additional fee shall be charged for vehicles registered under section 4503.65 of the Revised Code. The additional fee is for the purpose of defraying the department of public safety's costs associated with the administration and enforcement of the motor vehicle and traffic laws of Ohio. Each deputy registrar shall transmit the fees collected under divisions (C)(1) and (3) of this section in the time and manner provided in this section. The registrar shall deposit all moneys received under division (C)(1) of this section into the public safety - highway purposes fund established in section 4501.06 of the Revised Code. (2) In addition, a charge of twenty-five cents shall be made for each reflectorized safety license plate issued, and a single charge of twenty-five cents shall be made for each county identification sticker or each set of county identification stickers issued, as the case may be, to cover the cost of producing the license plates and stickers, including material, manufacturing, and administrative costs. Those fees shall be in addition to the license tax. If the total cost of producing the plates is less than twenty-five cents per plate, or if the total cost of producing the stickers is less than twenty-five cents per sticker or per set issued, any excess moneys accruing from the fees shall be distributed in the same manner as provided by section 4501.04 of the Revised Code for the distribution of license tax moneys. If the total cost of producing the plates exceeds twenty-five cents per plate, or if the total cost of producing the stickers exceeds twenty-five cents per sticker or per set issued, the difference shall be paid from the license tax moneys collected pursuant to section 4503.02 of the Revised 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 S. B. No. 62 Page 11 As Introduced Code. (3) The registrar and each deputy registrar shall collect the following additional fee, as applicable, for each application for registration or registration renewal received for any hybrid motor vehicle, plug-in hybrid electric motor vehicle, or battery electric motor vehicle: (a) One hundred dollars for a hybrid motor vehicle; (b) One hundred fifty dollars for a plug-in hybrid electric motor vehicle; (c) Two hundred dollars for a battery electric motor vehicle. Each fee imposed under this division shall be prorated based on the number of months for which the vehicle is registered. The registrar shall transmit all money arising from each fee to the treasurer of state for distribution in accordance with division (E) of section 5735.051 of the Revised Code, subject to division (D) of section 5735.05 of the Revised Code. (D) Each deputy registrar shall be allowed a fee equal to the amount established under section 4503.038 of the Revised Code for each application for registration and registration renewal notice the deputy registrar receives, which shall be for the purpose of compensating the deputy registrar for the deputy registrar's services, and such office and rental expenses, as may be necessary for the proper discharge of the deputy registrar's duties in the receiving of applications and renewal notices and the issuing of registrations. (E) Upon the certification of the registrar, the county sheriff or local police officials shall recover license plates 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 S. B. No. 62 Page 12 As Introduced erroneously or fraudulently issued. (F) Each deputy registrar, upon receipt of any application for registration or registration renewal notice, together with the license fee and any local motor vehicle license tax levied pursuant to Chapter 4504. of the Revised Code, shall transmit that fee and tax, if any, in the manner provided in this section, together with the original and duplicate copy of the application, to the registrar. The registrar, subject to the approval of the director of public safety, may deposit the funds collected by those deputies in a local bank or depository to the credit of the "state of Ohio, bureau of motor vehicles." Where a local bank or depository has been designated by the registrar, each deputy registrar shall deposit all moneys collected by the deputy registrar into that bank or depository not more than one business day after their collection and shall make reports to the registrar of the amounts so deposited, together with any other information, some of which may be prescribed by the treasurer of state, as the registrar may require and as prescribed by the registrar by rule. The registrar, within three days after receipt of notification of the deposit of funds by a deputy registrar in a local bank or depository, shall draw on that account in favor of the treasurer of state. The registrar, subject to the approval of the director and the treasurer of state, may make reasonable rules necessary for the prompt transmittal of fees and for safeguarding the interests of the state and of counties, townships, municipal corporations, and transportation improvement districts levying local motor vehicle license taxes. The registrar may pay service charges usually collected by banks and depositories for such service. If deputy registrars are located in communities where banking facilities are not available, they shall transmit the fees forthwith, by 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 S. B. No. 62 Page 13 As Introduced money order or otherwise, as the registrar, by rule approved by the director and the treasurer of state, may prescribe. The registrar may pay the usual and customary fees for such service. (G) This section does not prevent any person from making an application for a motor vehicle license directly to the registrar by mail, by electronic means, or in person at any of the registrar's offices, upon payment of a service fee equal to the amount established under section 4503.038 of the Revised Code for each application. (H) No person shall make a false statement as to the district of registration in an application required by division (A) of this section. Violation of this division is falsification under section 2921.13 of the Revised Code and punishable as specified in that section. (I)(1) Where applicable, the requirements of division (B) of this section relating to the presentation of an inspection certificate issued under section 3704.14 of the Revised Code and rules adopted under it for a motor vehicle, the refusal of a license for failure to present an inspection certificate, and the stamping of the inspection certificate by the official issuing the certificate of registration apply to the registration of and issuance of license plates for a motor vehicle under sections 4503.102, 4503.12, 4503.14, 4503.15, 4503.16, 4503.171, 4503.172, 4503.19, 4503.40, 4503.41, 4503.42, 4503.43, 4503.44, 4503.46, 4503.47, and 4503.51 of the Revised Code. (2)(a) The registrar shall adopt rules ensuring that each owner registering a motor vehicle in a county where a motor vehicle inspection and maintenance program is in effect under section 3704.14 of the Revised Code and rules adopted under it 342 343 344 345 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 S. B. No. 62 Page 14 As Introduced receives information about the requirements established in that section and those rules and about the need in those counties to present an inspection certificate with an application for registration or preregistration. (b) Upon request, the registrar shall provide the director of environmental protection, or any person that has been awarded a contract under section 3704.14 of the Revised Code, an on-line computer data link to registration information for all passenger cars, noncommercial motor vehicles, and commercial cars that are subject to that section. The registrar also shall provide to the director of environmental protection a magnetic data tape containing registration information regarding passenger cars, noncommercial motor vehicles, and commercial cars for which a multi-year registration is in effect under section 4503.103 of the Revised Code or rules adopted under it, including, without limitation, the date of issuance of the multi-year registration, the registration deadline established under rules adopted under section 4503.101 of the Revised Code that was applicable in the year in which the multi-year registration was issued, and the registration deadline for renewal of the multi-year registration. (J) Subject to division (K) of this section, application for registration under the international registration plan, as set forth in sections 4503.60 to 4503.66 of the Revised Code, shall be made to the registrar on forms furnished by the registrar. In accordance with international registration plan guidelines and pursuant to rules adopted by the registrar, the forms shall include the following: (1) A uniform mileage schedule; (2) The gross vehicle weight of the vehicle or combined 372 373 374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 S. B. No. 62 Page 15 As Introduced gross vehicle weight of the combination vehicle as declared by the registrant; (3) Any other information the registrar requires by rule. (K) The registrar shall determine the feasibility of implementing an electronic commercial fleet licensing and management program that will enable the owners of commercial tractors, commercial trailers, and commercial semitrailers to conduct electronic transactions by July 1, 2010, or sooner. If the registrar determines that implementing such a program is feasible, the registrar shall adopt new rules under this division or amend existing rules adopted under this division as necessary in order to respond to advances in technology. If international registration plan guidelines and provisions allow member jurisdictions to permit applications for registrations under the international registration plan to be made via the internet, the rules the registrar adopts under this division shall permit such action. Sec. 4503.102. (A) The registrar of motor vehicles shall adopt rules to establish a centralized system of motor vehicle registration renewal by mail or by electronic means. Any person owning a motor vehicle that was registered in the person's name during the preceding registration year shall renew the registration of the motor vehicle not more than ninety days prior to the expiration date of the registration either by mail or by electronic means through the centralized system of registration established under this section, or in person at any office of the registrar or at a deputy registrar's office. (B)(1) Except as provided in division (B)(2) of this section, no less than forty-five days prior to the expiration 402 403 404 405 406 407 408 409 410 411 412 413 414 415 416 417 418 419 420 421 422 423 424 425 426 427 428 429 430 S. B. No. 62 Page 16 As Introduced date of any motor vehicle registration, the registrar shall mail a renewal notice to the person in whose name the motor vehicle is registered. The renewal notice shall clearly state that the registration of the motor vehicle may be renewed by mail or electronic means through the centralized system of registration or in person at any office of the registrar or at a deputy registrar's office and shall be preprinted with information including, but not limited to, the owner's name and residence address as shown in the records of the bureau of motor vehicles, a brief description of the motor vehicle to be registered, notice of the license taxes and fees due on the motor vehicle, the toll-free telephone number of the registrar as required under division (D)(1) of section 4503.031 of the Revised Code, a statement that payment for a renewal may be made by financial transaction device using the toll-free telephone number, and any additional information the registrar may require by rule. The renewal notice shall not include the social security number of either the owner of the motor vehicle or the person in whose name the motor vehicle is registered. The renewal notice shall be sent by regular mail to the owner's last known address as shown in the records of the bureau of motor vehicles. (2) The registrar is not required to mail a renewal notice if either of the following applies: (a) The owner of the vehicle has consented to receiving the renewal notice by electronic means only. (b) The application for renewal of the registration of a motor vehicle is prohibited from being accepted by the registrar or a deputy registrar by division (D) of section 2935.27, division (A) of section 2937.221, division (A) of section 4503.13, division (B) of section 4510.22, division (D) of 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 454 455 456 457 458 459 460 S. B. No. 62 Page 17 As Introduced section 4511.756, or division (B)(1) of section 4521.10 of the Revised Code. (3) If the owner of a motor vehicle has consented to receiving a renewal notice by electronic means only, the registrar shall send an electronic renewal notice to the owner that contains the information specified in division (B)(1) of this section at the time specified under that division. (C) The owner of the motor vehicle shall verify the information contained in the notice, sign it either manually or by electronic means, and return it, either by mail or electronic means, or the owner may take it in person to any office of the registrar or of a deputy registrar. The owner shall include with the notice a financial transaction device number when renewing in person or by electronic means but not by mail, check, or money order in the amount of the registration taxes and fees payable on the motor vehicle and a service fee equal to the amount established under section 4503.038 of the Revised Code, plus postage as indicated on the notice if the registration is renewed or fulfilled by mail, and an inspection certificate for the motor vehicle as provided in section 3704.14 of the Revised Code. For purposes of the centralized system of motor vehicle registration, the registrar shall accept payments via the toll- free telephone number established under division (D)(1) of section 4503.031 of the Revised Code for renewals made by mail. If the motor vehicle owner chooses to renew the motor vehicle registration by electronic means, the owner shall proceed in accordance with the rules the registrar adopts. (D) If all registration and transfer fees for the motor vehicle for the preceding year or the preceding period of the current registration year have not been paid, if division (D) of 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 S. B. No. 62 Page 18 As Introduced section 2935.27, division (A) of section 2937.221, division (A) of section 4503.13, division (B) of section 4510.22, division (D) of section 4511.756, or division (B)(1) of section 4521.10 of the Revised Code prohibits acceptance of the renewal notice, or if the owner or lessee does not have an inspection certificate for the motor vehicle as provided in section 3704.14 of the Revised Code, if that section is applicable, the license shall be refused, and the registrar or deputy registrar shall so notify the owner. This section does not require the payment of license or registration taxes on a motor vehicle for any preceding year, or for any preceding period of a year, if the motor vehicle was not taxable for that preceding year or period under section 4503.02, 4503.04, 4503.11, 4503.12, or 4503.16 or Chapter 4504. of the Revised Code. (E)(1) Failure to receive a renewal notice does not relieve a motor vehicle owner from the responsibility to renew the registration for the motor vehicle. Any person who has a motor vehicle registered in this state and who does not receive a renewal notice as provided in division (B) of this section prior to the expiration date of the registration shall request an application for registration from the registrar or a deputy registrar and sign the application manually or by electronic means and submit the application and pay any applicable license taxes and fees to the registrar or deputy registrar. (2) If the owner of a motor vehicle submits an application for registration and the registrar is prohibited by division (D) of section 2935.27, division (A) of section 2937.221, division (A) of section 4503.13, division (B) of section 4510.22, division (D) of section 4511.756, or division (B)(1) of section 4521.10 of the Revised Code from accepting the application, the registrar shall return the application and the payment to the 491 492 493 494 495 496 497 498 499 500 501 502 503 504 505 506 507 508 509 510 511 512 513 514 515 516 517 518 519 520 521 S. B. No. 62 Page 19 As Introduced owner. If the owner of a motor vehicle submits a registration renewal application to the registrar by electronic means and the registrar is prohibited from accepting the application as provided in this division, the registrar shall notify the owner of this fact and deny the application and return the payment or give a credit on the financial transaction device account of the owner in the manner the registrar prescribes by rule adopted pursuant to division (A) of this section. (F) Every deputy registrar shall post in a prominent place at the deputy's office a notice informing the public of the mail registration system required by this section and also shall post a notice that every owner of a motor vehicle and every chauffeur holding a certificate of registration is required to notify the registrar in writing of any change of residence within ten days after the change occurs. The notice shall be in such form as the registrar prescribes by rule. (G) The service fee equal to the amount established under section 4503.038 of the Revised Code that is collected from a person who renews a motor vehicle registration by electronic means or by mail, plus postage collected by the registrar and any financial transaction device surcharge collected by the registrar, shall be paid to the credit of the public safety - highway purposes fund established by section 4501.06 of the Revised Code. (H)(1) Pursuant to section 113.40 of the Revised Code, the registrar shall implement a program permitting payment of motor vehicle registration taxes and fees, driver's license and commercial driver's license fees, and any other taxes, fees, penalties, or charges imposed or levied by the state by means of a financial transaction device for transactions occurring 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 537 538 539 540 541 542 543 544 545 546 547 548 549 550 551 S. B. No. 62 Page 20 As Introduced online, at any office of the registrar, and at all deputy registrar locations. The program shall take effect not later than July 1, 2016. The registrar shall adopt rules as necessary for this purpose, but all such rules are subject to any action, policy, or procedure of the board of deposit or treasurer of state taken or adopted under section 113.40 of the Revised Code. (2) The rules adopted under division (H)(1) of this section shall require a deputy registrar to accept payments by means of a financial transaction device beginning on the effective date of the rules unless the deputy registrar contract entered into by the deputy registrar prohibits the acceptance of such payments by financial transaction device. However, commencing with deputy registrar contract awards that have a start date of July 1, 2016, and for all contract awards thereafter, the registrar shall require that the proposer accept payment by means of a financial transaction device, including credit cards and debit cards, for all department of public safety transactions conducted at that deputy registrar location. The bureau and deputy registrars are not required to pay any costs that result from accepting payment by means of a financial transaction device. A deputy registrar may charge a person who tenders payment for a department transaction by means of a financial transaction device any cost the deputy registrar incurs from accepting payment by the financial transaction device, but the deputy registrar shall not require the person to pay any additional fee of any kind in connection with the use by the person of the financial transaction device. (3) In accordance with division (H)(1) of this section and rules adopted by the registrar under that division, a county auditor or clerk of a court of common pleas that is designated a 552 553 554 555 556 557 558 559 560 561 562 563 564 565 566 567 568 569 570 571 572 573 574 575 576 577 578 579 580 581 S. B. No. 62 Page 21 As Introduced deputy registrar shall accept payment by means of a financial transaction device, including credit cards and debit cards, for all department transactions conducted at the office of the county auditor or clerk in the county auditor's or clerk's capacity as deputy registrar. The bureau is not required to pay any costs incurred by a county auditor or clerk that result from accepting payment by means of a financial transaction device for any department transaction. (I) For persons who reside in counties where tailpipe emissions inspections are required under the motor vehicle inspection and maintenance program, the notice required by division (B) of this section shall also include the toll-free telephone number maintained by the Ohio environmental protection agency to provide information concerning the locations of emissions testing centers. The registrar also shall include a statement in the notice that a battery electric motor vehicle is not required to undergo emissions inspection under the motor vehicle inspection and maintenance program established under section 3704.14 of the Revised Code. Sec. 4503.12. (A) Upon the transfer of ownership of a motor vehicle, the registration of the motor vehicle expires, and the original owner immediately shall remove the license plates from the motor vehicle, except that: (1) If a statutory merger or consolidation results in the transfer of ownership of a motor vehicle from a constituent corporation to the surviving corporation, or if the incorporation of a proprietorship or partnership results in the transfer of ownership of a motor vehicle from the proprietorship or partnership to the corporation, the registration shall be continued upon the filing by the surviving or new corporation, 582 583 584 585 586 587 588 589 590 591 592 593 594 595 596 597 598 599 600 601 602 603 604 605 606 607 608 609 610 611 S. B. No. 62 Page 22 As Introduced within thirty days of such transfer, of an application for an amended certificate of registration. Upon a proper filing, the registrar of motor vehicles shall issue an amended certificate of registration in the name of the new owner. (2) If the death of the owner of a motor vehicle results in the transfer of ownership of the motor vehicle to the surviving spouse of the owner or if a motor vehicle is owned by two persons under joint ownership with right of survivorship established under section 2131.12 of the Revised Code and one of those persons dies, the registration shall be continued upon the filing by the survivor of an application for an amended certificate of registration. In relation to a motor vehicle that is owned by two persons under joint ownership with right of survivorship established under section 2131.12 of the Revised Code, the application shall be accompanied by a copy of the certificate of title that specifies that the vehicle is owned under joint ownership with right of survivorship. Upon a proper filing, the registrar shall issue an amended certificate of registration in the name of the survivor. (3) If the death of the owner of a motor vehicle results in the transfer of ownership of the motor vehicle to a transfer- on-death beneficiary or beneficiaries designated under section 2131.13 of the Revised Code, the registration shall be continued upon the filing by the transfer-on-death beneficiary or beneficiaries of an application for an amended certificate of registration. The application shall be accompanied by a copy of the certificate of title that specifies that the owner of the motor vehicle has designated the motor vehicle in beneficiary form under section 2131.13 of the Revised Code. Upon a proper filing, the registrar shall issue an amended certificate of registration in the name of the transfer-on-death beneficiary or 612 613 614 615 616 617 618 619 620 621 622 623 624 625 626 627 628 629 630 631 632 633 634 635 636 637 638 639 640 641 642 S. B. No. 62 Page 23 As Introduced beneficiaries. (4) If the original owner of a motor vehicle that has been transferred makes application for the registration of another motor vehicle at any time during the remainder of the registration period for which the transferred motor vehicle was registered, the owner may file an application for transfer of the registration and, where applicable, the license plates. The transfer of the registration and, where applicable, the license plates from the motor vehicle for which they originally were issued to a succeeding motor vehicle purchased by the same person in whose name the original registration and license plates were issued shall be done within a period not to exceed thirty days. During that thirty-day period, the license plates from the motor vehicle for which they originally were issued may be displayed on the succeeding motor vehicle, and the succeeding motor vehicle may be operated on the public roads and highways in this state. At the time of application for transfer, the registrar shall compute and collect the amount of tax due on the succeeding motor vehicle, based upon the amount that would be due on a new registration as of the date on which the transfer is made less a credit for the unused portion of the original registration beginning on that date. If the credit exceeds the amount of tax due on the new registration, no refund shall be made. In computing the amount of tax due and credits to be allowed under this division, the provisions of division (B)(1) (a) and (b) of section 4503.11 of the Revised Code shall apply. As to passenger cars, noncommercial vehicles, motor homes, and motorcycles, transfers within or between these classes of motor vehicles only shall be allowed. If the succeeding motor vehicle is of a different class than the motor vehicle for which the 643 644 645 646 647 648 649 650 651 652 653 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 669 670 671 672 673 S. B. No. 62 Page 24 As Introduced registration originally was issued, new license plates also shall be issued upon the surrender of the license plates originally issued and payment of the fees provided in divisions (C) and (D) of section 4503.10 of the Revised Code. (5) The owner of a commercial car having a gross vehicle weight or combined gross vehicle weight of more than ten thousand pounds may transfer the registration of that commercial car to another commercial car the owner owns without transferring ownership of the first commercial car. At any time during the remainder of the registration period for which the first commercial car was registered, the owner may file an application for the transfer of the registration and, where applicable, the license plates, accompanied by the certificate of registration of the first commercial car. The amount of any tax due or credit to be allowed for a transfer of registration under this division shall be computed in accordance with division (A)(4) of this section. No commercial car to which a registration is transferred under this division shall be operated on a public road or highway in this state until after the transfer of registration is completed in accordance with this division. (6) Upon application to the registrar or a deputy registrar, a person who owns or leases a motor vehicle may transfer special license plates assigned to that vehicle to any other vehicle that the person owns or leases or that is owned or leased by the person's spouse. As appropriate, the application also shall be accompanied by a power of attorney for the registration of a leased vehicle and a written statement releasing the special plates to the applicant. Upon a proper filing, the registrar or deputy registrar shall assign the 674 675 676 677 678 679 680 681 682 683 684 685 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 703 S. B. No. 62 Page 25 As Introduced special license plates to the motor vehicle owned or leased by the applicant and issue a new certificate of registration for that motor vehicle. (7) If a corporation transfers the ownership of a motor vehicle to an affiliated corporation, the affiliated corporation may apply to the registrar for the transfer of the registration and any license plates. The registrar may require the applicant to submit documentation of the corporate relationship and shall determine whether the application for registration transfer is made in good faith and not for the purposes of circumventing the provisions of this chapter. Upon a proper filing, the registrar shall issue an amended certificate of registration in the name of the new owner. (B) An application under division (A) of this section shall be accompanied by a service fee equal to the amount established under section 4503.038 of the Revised Code, a transfer fee of one dollar, and the original certificate of registration, if applicable. (C) Neither the registrar nor a deputy registrar shall transfer a registration under division (A) of this section if the registration is prohibited by division (D) of section 2935.27, division (A) of section 2937.221, division (A) of section 4503.13, division (D) of section 4503.234, division (B) of section 4510.22, division (D) of section 4511.756, division (B)(1) of section 4521.10, or division (B) of section 5537.041 of the Revised Code. (D) Whoever violates division (A) of this section is guilty of a misdemeanor of the fourth degree. (E) As used in division (A)(6) of this section, "special 704 705 706 707 708 709 710 711 712 713 714 715 716 717 718 719 720 721 722 723 724 725 726 727 728 729 730 731 732 S. B. No. 62 Page 26 As Introduced license plates" means either of the following: (1) Any license plates for which the person to whom the license plates are issued must pay an additional fee in excess of the fees prescribed in section 4503.04 of the Revised Code, Chapter 4504. of the Revised Code, and the service fee prescribed in division (D) or (G) of section 4503.10 of the Revised Code; (2) License plates issued under section 4503.44 of the Revised Code. Sec. 4511.75. (A)(A)(1) The driver of a vehicle, streetcar, or trackless trolley upon meeting or overtaking from either direction any school bus stopped for the purpose of receiving or discharging any school child, person attending programs offered by community boards of mental health and county boards of developmental disabilities, or child attending a program offered by a head start agency, shall stop at least ten feet from the front or rear of the school bus and shall not proceed until such school bus resumes motion, or until signaled by the school bus driver or a law enforcement officer to proceed. (2) It is no defense to a charge under this division (A) (1) of this section that the school bus involved failed to display or be equipped with an automatically extended stop warning sign as required by division (B) of this section. (B) Every school bus shall be equipped with amber and red visual signals meeting the requirements of section 4511.771 of the Revised Code, and an automatically extended stop warning sign of a type approved by the department of education and workforce, which shall be actuated by the driver of the bus 733 734 735 736 737 738 739 740 741 742 743 744 745 746 747 748 749 750 751 752 753 754 755 756 757 758 759 760 761 S. B. No. 62 Page 27 As Introduced whenever but only whenever the bus is stopped or stopping on the roadway for the purpose of receiving or discharging school children, persons attending programs offered by community boards of mental health and county boards of developmental disabilities, or children attending programs offered by head start agencies. A school bus driver shall not actuate the visual signals or the stop warning sign in designated school bus loading areas where the bus is entirely off the roadway or at school buildings when children or persons attending programs offered by community boards of mental health and county boards of developmental disabilities are loading or unloading at curbside or at buildings when children attending programs offered by head start agencies are loading or unloading at curbside. The visual signals and stop warning sign shall be synchronized or otherwise operated as required by rule of the board. (C) Where a highway has been divided into four or more traffic lanes, a driver of a vehicle, streetcar, or trackless trolley need not stop for a school bus approaching from the opposite direction which has stopped for the purpose of receiving or discharging any school child, persons attending programs offered by community boards of mental health and county boards of developmental disabilities, or children attending programs offered by head start agencies. The driver of any vehicle, streetcar, or trackless trolley overtaking the school bus shall comply with division (A) of this section. (D) School buses operating on divided highways or on highways with four or more traffic lanes shall receive and discharge all school children, persons attending programs offered by community boards of mental health and county boards of developmental disabilities, and children attending programs 762 763 764 765 766 767 768 769 770 771 772 773 774 775 776 777 778 779 780 781 782 783 784 785 786 787 788 789 790 791 792 S. B. No. 62 Page 28 As Introduced offered by head start agencies on their residence side of the highway. (E) No school bus driver shall start the driver's bus until after any child, person attending programs offered by community boards of mental health and county boards of developmental disabilities, or child attending a program offered by a head start agency who may have alighted therefrom has reached a place of safety on the child's or person's residence side of the road. (F)(1) Whoever Except as provided in division (F)(3) of this section, whoever violates division (A) of this section may be fined an amount not to exceed five hundred dollars. A person who is issued a citation for a violation of division (A) of this section is not permitted to enter a written plea of guilty and waive the person's right to contest the citation in a trial but instead must appear in person in the proper court to answer the charge. (2) In Except as provided in division (F)(3) of this section, in addition to and independent of any other penalty provided by law, the court or mayor may impose upon an offender who violates this section a class seven suspension of the offender's driver's license, commercial driver's license, temporary instruction permit, probationary license, or nonresident operating privilege from the range specified in division (A)(7) of section 4510.02 of the Revised Code. When a license is suspended under this section, the court or mayor shall cause the offender to deliver the license to the court, and the court or clerk of the court immediately shall forward the license to the registrar of motor vehicles, together with notice of the court's action. 793 794 795 796 797 798 799 800 801 802 803 804 805 806 807 808 809 810 811 812 813 814 815 816 817 818 819 820 821 822 S. B. No. 62 Page 29 As Introduced (3) If the identity of the driver of a vehicle that is the subject of a violation of division (A) of this section cannot be established through investigation or otherwise, the registered owner of a vehicle may be fined a civil penalty of three hundred dollars in accordance with sections 4511.753 to 4511.757 of the Revised Code when that owner's vehicle is used to commit a violation of division (A) of this section. (G) As used in this section: (1) "Head start agency" has the same meaning as in section 3301.32 of the Revised Code. (2) "School bus," as used in relation to children who attend a program offered by a head start agency, means a bus that is owned and operated by a head start agency, is equipped with an automatically extended stop warning sign of a type approved by the department, is painted the color and displays the markings described in section 4511.77 of the Revised Code, and is equipped with amber and red visual signals meeting the requirements of section 4511.771 of the Revised Code, irrespective of whether or not the bus has fifteen or more children aboard at any time. "School bus" does not include a van owned and operated by a head start agency, irrespective of its color, lights, or markings. Sec. 4511.751. As used in sections 4511.751 to 4511.757 and section 4511.76 of the Revised Code: (A) "Designated party" means the person whom a registered owner of a vehicle identifies as the person who was operating the owner's vehicle at the time of a school bus violation. (B) "Entity responsible for operation of the school bus" means the applicable board of education of a city, local or 823 824 825 826 827 828 829 830 831 832 833 834 835 836 837 838 839 840 841 842 843 844 845 846 847 848 849 850 851 S. B. No. 62 Page 30 As Introduced exempted village school district, the governing board of an educational service center, a county board of developmental disabilities, or the governing authority of a chartered nonpublic school, community school established under Chapter 3314. of the Revised Code, STEM school established under Chapter 3326. of the Revised Code, or head start program that is responsible for the operation of the school bus on which a school bus violation detection monitoring system is installed. (C) "Law enforcement officer" means a sheriff, deputy sheriff, marshal, deputy marshal, school resource officer, police officer of a police department of any municipal corporation, police constable of any township, or police officer of a township or joint police district who is employed on a permanent, full-time basis by a law enforcement agency. (D) "License plate" includes any temporary motor vehicle license registration issued under section 4503.182 of the Revised Code or similar law of another jurisdiction. (E) "Motor vehicle dealer" has the same meaning as in section 4517.01 of the Revised Code. (F) "Motor vehicle renting dealer" has the same meaning as in section 4549.65 of the Revised Code. (G) "Notice of violation" means a traffic ticket, citation, summons, or other ticket issued in response to an alleged school bus violation detected by a school bus violation detection monitoring system that represents a civil violation. (H) "Recorded images" means either of the following, recorded by a school bus violation detection monitoring system, when they are sufficiently clear and show, on at least one image or on a portion of the videotape, the rear of a vehicle and the 852 853 854 855 856 857 858 859 860 861 862 863 864 865 866 867 868 869 870 871 872 873 874 875 876 877 878 879 880 S. B. No. 62 Page 31 As Introduced letters and numerals on the rear license plate of the vehicle: (1) Two or more photographs, microphotographs, electronic images, or digital images; (2) Videotape. (I) "Registered owner" means all of the following: (1) Any person or entity identified by the bureau of motor vehicles or any other state motor vehicle registration bureau, department, or office as the owner of a vehicle; (2) The lessee of a vehicle under a lease of six months or longer; (3) The renter of a vehicle pursuant to a written rental agreement with a motor vehicle renting dealer. (J) "School bus violation detection monitoring system" means a camera system affixed to a school bus that consists of two or more camera sensors or computers that can produce recorded images. (K) "School bus violation" means a violation of division (A) of section 4511.75 of the Revised Code, or a substantially equivalent municipal ordinance, when division (E) of section 4511.752 of the Revised Code applies. Sec. 4511.751 4511.752. As used in this section, "license plate" includes, but is not limited to, any temporary motor vehicle license registration issued under section 4503.182 of the Revised Code or similar law of another jurisdiction. (A) When the operator of a school bus believes that a motorist has violated division (A) of section 4511.75 of the Revised Code, the operator shall report the license plate number 881 882 883 884 885 886 887 888 889 890 891 892 893 894 895 896 897 898 899 900 901 902 903 904 905 906 907 S. B. No. 62 Page 32 As Introduced and a general description of the vehicle and of the operator of the vehicle to the law enforcement agency exercising jurisdiction over the area where the alleged violation occurred. (B) The information contained in the report relating to the license plate number and to the general description of the vehicle and the operator of the vehicle at the time of the alleged violation may be supplied or corroborated by any person with first-hand knowledge of the information. Information of which the operator of the school bus has first-hand knowledge contained in the report also may be supplied or corroborated by any other personan entity responsible for operation of a school bus or its contracted private vendor, through an image, images, or video recorded by a school bus camera, including a school bus violation detection monitoring system, installed pursuant to section 4511.76 of the Revised Code . (C)(1) Upon receipt of the report of the alleged violation of division (A) of section 4511.75 of the Revised Code, the law enforcement agency shall conduct an investigation to attempt to determine or confirm the following: (a) The license plate number, the color, and the make and model of the vehicle; (b) The date, approximate time, and location of the alleged violation; (c) The identity of the operator of the vehicle at the time of the alleged violation. (2) The law enforcement agency may use a sufficiently clear image, images, or video provided by a school bus camera, including a school bus violation detection monitoring system installed pursuant to section 4511.76 of the Revised Code, to 908 909 910 911 912 913 914 915 916 917 918 919 920 921 922 923 924 925 926 927 928 929 930 931 932 933 934 935 936 S. B. No. 62 Page 33 As Introduced determine the information specified in division (C)(1) of this section. (D) If the identity of the operator at the time of the alleged violation is established, the reporting of the license plate number of the vehicle shall establish probable cause for the law enforcement agency to issue a criminal citation for the violation of division (A) of section 4511.75 of the Revised Code. However, if (E) If the identity of the operator of the vehicle at the time of the alleged violation cannot be established and the recorded image, images, or video are sufficiently clear to identify the license plate of the vehicle that is the subject of the alleged violation , the law enforcement agency shall issue a warning may do one of the following, as applicable: (1) Issue a notice of violation for a civil penalty of three hundred dollars to the registered owner of the vehicle at the time of the alleged violation , except in the case of a leased or rented vehicle when the warning shall be issued to the lessee at the time of the alleged violation in accordance with sections 4511.753 to 4511.757 of the Revised Code . A law enforcement agency shall not issue a notice of violation under this division unless both of the following apply: (a) The entity responsible for operation of the school bus that is the subject of the alleged violation has installed a school bus violation detection monitoring system pursuant to section 4511.76 of the Revised Code on all school buses actively operated by the entity for transportation routes. (b) The recorded image meets all requirements necessary to issue a ticket under section 4511.753 of the Revised Code. 937 938 939 940 941 942 943 944 945 946 947 948 949 950 951 952 953 954 955 956 957 958 959 960 961 962 963 964 965 S. B. No. 62 Page 34 As Introduced (2) Issue a warning to the registered owner of the vehicle at the time of the alleged violation. (F) A law enforcement agency shall not issue both a criminal citation and a civil notice of violation for a single instance of a violation of division (A) of section 4511.75 of the Revised Code. (G) The registrar of motor vehicles and deputy registrars shall, at the time of issuing license plates to any person, include with the license plate a summary of the requirements of division (A) of section 4511.75 of the Revised Code and the procedures of, and penalty in, division (F) of section 4511.75 of the Revised Code. (H) For purposes of enforcing section 4511.75 of the Revised Code under this section, the state highway patrol may issue a criminal citation under division (D) of this section, but shall not issue a notice of violation for a civil violation under division (E) of this section. If the identity of the operator of the vehicle at the time of the alleged violation cannot be established, the state highway patrol may issue a warning to the registered owner of the vehicle at the time of the alleged violation. Sec. 4511.753. (A) When a law enforcement agency receives a report under division (A) or (B) of section 4511.752 of the Revised Code, and the identity of the operator of the vehicle at the time of the alleged violation cannot be established, the law enforcement agency may use any lawful means to identify the registered owner for purposes of issuing a notice of violation under this section to that owner if all of the following are shown on the image recorded by a school bus violation detection monitoring system: 966 967 968 969 970 971 972 973 974 975 976 977 978 979 980 981 982 983 984 985 986 987 988 989 990 991 992 993 994 995 S. B. No. 62 Page 35 As Introduced (1) The school bus violation; (2) The date and time of the violation; (3) The electronic red light visual signals or stop warning sign to demonstrate that such signals and sign were actuated; (4) The letter and numerals on the license plate of the vehicle involved and the state that issued the license plate. (B)(1) After the identification of the registered owner under division (A) of this section and within thirty days of the school bus violation, the law enforcement agency or the agency's agent may issue and send by regular mail in a clearly marked envelope that includes the citing law enforcement agency on the envelope a notice of violation charging the registered owner with the violation. (2) A school bus violation for which a notice of violation is issued by or on behalf of a law enforcement agency based on evidence recorded by a school bus violation detection monitoring system is a civil violation. The law enforcement agency or the agency's agent shall issue the notice of violation in accordance with the requirements of section 4511.754 of the Revised Code. The civil penalty for the notice of violation shall be three hundred dollars. (C) A law enforcement agency or the agency's agent that mails a notice of violation charging the registered owner with the school bus violation shall, without unnecessary delay, file a certified copy of the notice of violation with the municipal court or county court with jurisdiction over the civil action. (D) A certified copy of the notice of violation alleging a school bus violation, sworn to or affirmed by a law enforcement 996 997 998 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 1009 1010 1011 1012 1013 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 S. B. No. 62 Page 36 As Introduced officer employed by the law enforcement agency, including by electronic means, and the recorded images produced by the school bus violation detection monitoring system, is prima facie evidence of the facts contained therein and is admissible in a civil action or proceeding concerning the notice of violation issued under this section. Sec. 4511.754. A law enforcement agency or the agency's agent shall ensure that a notice of violation for a school bus violation sent under section 4511.753 of the Revised Code contains all of the following: (A) The name and address of the registered owner; (B) The letters and numerals appearing on the license plate issued to the vehicle; (C) The school bus violation charged; (D) A statement that the violation was recorded by a school bus violation detection monitoring system; (E) The date and time of the violation; (F) A copy of the recorded images; (G) The amount of the civil penalty imposed, the date by which the civil penalty is required to be paid, and the address of the municipal court or county court with jurisdiction over the civil action to which the payment is to be sent; (H) A statement signed by a law enforcement officer indicating that, based on an inspection of the recorded images, the vehicle was involved in a school bus violation and the recorded images are prima facie evidence of that school bus violation. The law enforcement officer may sign the statement electronically. 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 1051 1052 S. B. No. 62 Page 37 As Introduced (I) Information advising the person or entity alleged to be liable of the options prescribed in section 4511.755 of the Revised Code, including the time, place, and manner in which the person or entity may appear in court to contest the violation and notice of violation and the procedure for disclaiming liability by submitting an affidavit to the municipal court or county court as prescribed in section 4511.755 of the Revised Code; (J) A warning that failure to exercise one of the options prescribed in section 4511.755 of the Revised Code is deemed to be an admission of liability and waiver of the opportunity to contest the violation. Sec. 4511.755. A person or entity who receives a notice of violation for a civil violation sent under section 4511.753 of the Revised Code shall elect to do one of the following: (A) In accordance with instructions on the notice of violation, pay the civil penalty, thereby admitting liability and waiving the opportunity to contest the violation; (B)(1) Within thirty days after receipt of the notice of violation, provide the municipal court or county court with jurisdiction over the civil action with either of the following affidavits: (a) An affidavit executed by the registered owner and the operator of the vehicle at the time of the violation identifying that operator as the designated party who may be held liable for the violation, and containing at a minimum the name and address of that designated party; (b) An affidavit executed by the registered owner stating that at the time of the violation, the vehicle or the license 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 1079 1080 1081 S. B. No. 62 Page 38 As Introduced plates issued to the vehicle were stolen and therefore were in the care, custody, or control of some person or entity to whom the registered owner did not grant permission to use the vehicle. To demonstrate that the vehicle or the license plates were stolen prior to the school bus violation and therefore were not under the control or possession of the registered owner at the time of the violation, the registered owner shall submit proof that a report about the stolen vehicle or license plates was filed with the appropriate law enforcement agency prior to the violation or within forty-eight hours after the violation occurred. (2) A registered owner is not responsible for a school bus violation if, within thirty days after the date of mailing of the notice of violation, the registered owner furnishes an affidavit specified in division (B)(1)(a) or (b) of this section to the court with jurisdiction in a form established by the court and the following conditions are met: (a) If the registered owner and the operator of the vehicle at the time of the violation submit an affidavit as specified in division (B)(1)(a) of this section, the operator as the designated party either accepts liability for the violation by paying the civil penalty or by failing to request a court hearing within thirty days or is determined liable in a court hearing. (b) If the registered owner submits an affidavit as specified in division (B)(1)(b) of this section, the affidavit is supported by a stolen vehicle or stolen license plate report as required in that division. (C) If the registered owner is a motor vehicle dealer or a motor vehicle renting dealer, notify the court with jurisdiction 1082 1083 1084 1085 1086 1087 1088 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1107 1108 1109 1110 1111 S. B. No. 62 Page 39 As Introduced of the name and address of the customer, lessee, or renter of the vehicle at the time of the school bus violation. The court may establish the form of the notice or use a standard form of notice. A motor vehicle dealer or motor vehicle renting dealer who receives a notice of violation for an alleged school bus violation detected by a school bus violation detection monitoring system is not liable for a notice of violation issued for a vehicle that was in the care, custody, or control of a customer, lessee, or renter at the time of the alleged violation. The dealer shall not pay the fine specified on the notice of violation and subsequently attempt to collect a fee or assess the customer, lessee, or renter a charge for any payment of such a notice of violation made on behalf of the customer, lessee, or renter. (D) If the vehicle involved in the school bus violation is a commercial motor vehicle and the notice of violation is issued to a corporate entity, provide to the court with jurisdiction an affidavit, sworn to or affirmed by an agent of the corporate entity, that provides the name and address of the employee who was operating the vehicle at the time of the alleged violation and who is the designated party; (E) Contest the notice of violation by filing a written request for a court hearing to review the notice of violation in a form established by the court. The person shall file the written request not later than thirty days after receipt of the notice of violation. The failure to request a hearing within this time period constitutes a waiver of the right to contest the violation and notice of violation, and is deemed to constitute an admission of liability. Sec. 4511.756. (A)(1) A court with jurisdiction that 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 S. B. No. 62 Page 40 As Introduced receives an affidavit described in division (B)(1)(a) or (D) of section 4511.755 of the Revised Code or a notification under division (C) of that section from a registered owner may proceed to notify the law enforcement agency to send a notice of violation that conforms with this section and section 4511.754 of the Revised Code to the designated party. (2) The law enforcement agency shall send the conforming notice of violation to the designated party by ordinary mail not later than thirty days after receipt of the notification from the court. (B)(1) If, after conducting a hearing requested under division (E) of section 4511.755 of the Revised Code, the court finds by a preponderance of the evidence that the alleged school bus violation did in fact occur and that the person named in the original or any subsequent notice of violation is the person who was operating the vehicle at the time of the violation, the court shall issue a written decision imposing liability for the violation upon the individual and submit it to the law enforcement agency and the person named in the notice of violation. (2) If the court finds by a preponderance of the evidence that the alleged school bus violation did not occur or did in fact occur but the person named in the original or any subsequent notice of violation is not the person who was operating the vehicle at the time of the violation, the court shall issue a written decision finding that the individual is not liable for the violation and submit it to the law enforcement agency and the person named in the notice of violation. (3) If the person who requested the court hearing fails to 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1152 1153 1154 1155 1156 1157 1158 1159 1160 1161 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 S. B. No. 62 Page 41 As Introduced appear, the court may determine that the person is liable for the violation or grant a continuance of the hearing. If the court determines that the person is liable, the court shall issue a written decision imposing liability for the violation upon the individual and submit it to the law enforcement agency and the person named in the notice of violation. (C) The court shall charge the applicable court costs and fees for the civil action to the party that does not prevail in the action. (D)(1) If a person liable for a school bus violation fails to pay the civil penalty or any applicable court costs and fees, the court may notify the registrar of motor vehicles. (2) If the registrar receives a notice from a court under division (D)(1) of this section, neither the registrar nor any deputy registrar shall accept any application for the registration or transfer of registration of any motor vehicle owner or leased by the person named in the notice, until the registrar receives notice from the court that the civil penalty and any court costs and fees has been paid or dismissed. Sec. 4511.757. (A) The civil penalty charged and collected in accordance with sections 4511.753 to 4511.757 of the Revised Code shall be paid as follows: (1) Fifty dollars to the school bus safety fund created in section 3327.18 of the Revised Code; (2) Two hundred fifty dollars to the entity responsible for operation of the school bus. (B) The entity responsible for operation of the school bus shall use the proceeds it receives for school bus safety technology initiatives. As part of those initiatives, the entity 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193 1194 1195 1196 1197 1198 1199 1200 S. B. No. 62 Page 42 As Introduced may use proceeds for the purpose of defraying the costs of purchasing, installing, operating, and maintaining the school bus violation detection monitoring systems and offsetting a law enforcement agency's costs related to reviewing recorded images and issuing the notices of violation. Sec. 4511.76. (A) The department of public safety, by and with the advice of the department of education and workforce, shall adopt and enforce rules relating to the construction, design, and equipment of all school buses both publicly and privately owned and operated in this state , including lighting rules governing both of the following: (1) Lighting equipment required by section 4511.771 of the Revised Code, of all school buses both publicly and privately owned and operated in this state ; (2) School bus cameras, including school bus violation detection monitoring systems, that provide an image, images, or video for purposes of recording a violation of division (A) of section 4511.75 of the Revised Code . (B) The department of education and workforce, by and with the advice of the director of public safety, shall adopt and enforce rules relating to the operation of all vehicles used for pupil transportation. (C) No person shall operate a vehicle used for pupil transportation within this state in violation of the rules of the department of education and workforce or the department of public safety. No person, being the owner thereof or having the supervisory responsibility therefor, shall permit the operation of a vehicle used for pupil transportation within this state in violation of the rules of the department of education and 1201 1202 1203 1204 1205 1206 1207 1208 1209 1210 1211 1212 1213 1214 1215 1216 1217 1218 1219 1220 1221 1222 1223 1224 1225 1226 1227 1228 1229 S. B. No. 62 Page 43 As Introduced workforce or the department of public safety. (D) The department of public safety shall adopt and enforce rules relating to the issuance of a license under section 4511.763 of the Revised Code. The rules may relate to the condition of the equipment to be operated; the liability and property damage insurance carried by the applicant; the posting of satisfactory and sufficient bond; and such other rules as the director of public safety determines reasonably necessary for the safety of the pupils to be transported. (E) A chartered nonpublic school or a community school may own and operate, or contract with a vendor that supplies, a vehicle originally designed for not more than nine passengers, not including the driver, to transport students to and from regularly scheduled school sessions when one of the following applies: (1) A student's school district of residence has declared the transportation of the student impractical pursuant to section 3327.02 of the Revised Code; (2) A student does not live within thirty minutes of the chartered nonpublic school or the community school, as applicable, and the student's school district is not required to transport the student under section 3327.01 of the Revised Code; (3) The governing authority of the chartered nonpublic school or the community school has offered to provide the transportation for its students in lieu of the students being transported by their school district of residence. (F) A school district may own and operate, or contract with a vendor that supplies, a vehicle originally designed for not more than nine passengers, not including the driver, to 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 S. B. No. 62 Page 44 As Introduced transport students to and from regularly scheduled school sessions, if both of the following apply to the operation of that vehicle: (1) The number of students to be transported is not more than nine; (2) The students attend a chartered nonpublic school or a community school, and the school district regularly transports students to that chartered nonpublic school or that community school. (G) A school district or the governing authority of a chartered nonpublic school or community school that uses a vehicle originally designed for not more than nine passengers, not including the driver, in accordance with division (E) or (F) of this section, shall ensure that all of the following apply to the operation of that vehicle: (1) A qualified mechanic inspects the vehicle not fewer than two times each year and determines that it is safe for pupil transportation; (2) The driver of the vehicle does not stop on the roadway to load or unload passengers; (3) The driver of the vehicle meets the requirements specified for a driver of a school bus or motor van under section 3327.10 of the Revised Code and any corresponding rules adopted by the department of education and workforce. Notwithstanding that section or any department rules to the contrary, the driver is not required to have a commercial driver's license but shall have a current, valid driver's license, and shall be accustomed to operating the vehicle used to transport the students; 1259 1260 1261 1262 1263 1264 1265 1266 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1282 1283 1284 1285 1286 1287 S. B. No. 62 Page 45 As Introduced (4) The driver and all passengers in the vehicle comply with the requirements of sections 4511.81 and 4513.263 of the Revised Code, as applicable. (H)(H)(1) An entity responsible for operation of a school bus may purchase, install, operate, and maintain school bus cameras, including school bus violation detection monitoring systems, on its new or currently owned and operated school buses. Alternatively, the entity may contract with a private vendor to purchase, install, operate, and maintain such cameras and systems on the school buses. (2) An entity that uses school bus violation detection monitoring systems, either on its own or through a contract with a private vendor, shall do both of the following: (a) Ensure that all of the entity's school buses with a regular transportation route are outfitted with a school bus violation detection monitoring system before commencing a civil penalty system in accordance with sections 4511.753 to 4511.757 of the Revised Code; (b) Enter into a memorandum of understanding with the appropriate local law enforcement agency to ensure review of the recorded images captured by the school bus violation detection monitoring systems, reimbursement of review expenses, and appropriate enforcement support. (I) As used in this section, "vehicle used for pupil transportation" means any vehicle that is identified as such by the department of education and workforce by rule and that is subject to Chapter 3301-83 of the Administrative Code. (I) (J) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297 1298 1299 1300 1301 1302 1303 1304 1305 1306 1307 1308 1309 1310 1311 1312 1313 1314 1315 1316 S. B. No. 62 Page 46 As Introduced If the offender previously has been convicted of or pleaded guilty to one or more violations of this section or section 4511.63, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code or a municipal ordinance that is substantially similar to any of those sections, whoever violates this section is guilty of a misdemeanor of the fourth degree. Section 2. That existing sections 4503.10, 4503.102, 4503.12, 4511.75, 4511.751, and 4511.76 of the Revised Code are hereby repealed. Section 3. This act shall be known as the School Bus Safety Act. 1317 1318 1319 1320 1321 1322 1323 1324 1325 1326 1327