Amendment No. am_136_2384

H. B. No. 463

As Introduced

__________________________ moved to amend as follows:

In line 4 of the title, after "requirements" insert ", including for limited term license applicants"

Delete lines 8 through 149

After line 149, insert:

"Sec. 4507.05. (A) The registrar of motor vehicles, or a deputy registrar, upon receiving an application for a temporary instruction permit and a temporary instruction permit identification card for a driver's license from any person who is at least fifteen years six months of age, may issue such a permit and identification card entitling the applicant to drive a motor vehicle, other than a commercial motor vehicle, upon the highways under the following conditions:

(1) If the permit is issued to a person who is at least fifteen years six months of age, but less than sixteen years of age:

(a) The permit and identification card are in the holder's immediate possession;

(b) The holder is accompanied by an eligible adult who actually occupies the seat beside the permit holder and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in division (A) of section 4511.19 of the Revised Code;

(c) The total number of occupants of the vehicle does not exceed the total number of occupant restraining devices originally installed in the motor vehicle by its manufacturer, and each occupant of the vehicle is wearing all of the available elements of a properly adjusted occupant restraining device.

(2) If the permit is issued to a person who is at least sixteen years of age:

(a) The permit and identification card are in the holder's immediate possession;

(b) The holder is accompanied by a licensed operator who is at least twenty-one years of age, is actually occupying a seat beside the driver, and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in division (A) of section 4511.19 of the Revised Code;

(c) The total number of occupants of the vehicle does not exceed the total number of occupant restraining devices originally installed in the motor vehicle by its manufacturer, and each occupant of the vehicle is wearing all of the available elements of a properly adjusted occupant restraining device.

(B) The registrar or a deputy registrar, upon receiving from any person an application for a temporary instruction permit and temporary instruction permit identification card to operate a motorcycle, motor-driven cycle or motor scooter, or motorized bicycle, may issue such a permit and identification card entitling the applicant, while having the permit and identification card in the applicant's immediate possession, to drive a motorcycle or motor-driven cycle or motor scooter, under the restrictions prescribed in section 4511.53 of the Revised Code, or to drive a motorized bicycle under restrictions determined by the registrar. A temporary instruction permit and temporary instruction permit identification card to operate a motorized bicycle may be issued to a person fourteen or fifteen years old.

(C) Any permit and identification card issued under this section shall be issued in the same manner as a driver's license, upon a form to be furnished by the registrar. A temporary instruction permit to drive a motor vehicle other than a commercial motor vehicle shall be valid for a period of one year and six months.

(D) Any person having in the person's possession a valid and current driver's license or motorcycle operator's license or endorsement issued to the person by another jurisdiction recognized by this state is exempt from obtaining a temporary instruction permit for a driver's license and from submitting to the examination for a temporary instruction permit and the regular examination for obtaining a driver's license or motorcycle operator's endorsement in this state if the person does all of the following:

(1) Submits to and passes vision screening as provided in section 4507.12 of the Revised Code;

(2) Surrenders to the registrar or deputy registrar the person's driver's license issued by the other jurisdiction; and

(3) Complies with all other applicable requirements for issuance by this state of a driver's license, driver's license with a motorcycle operator's endorsement, or restricted license to operate a motorcycle.

If the person does not comply with all the requirements of this division, the person shall submit to the regular examination for obtaining a driver's license or motorcycle operator's endorsement in this state in order to obtain such a license or endorsement.

(E) The registrar may adopt rules governing the use of temporary instruction permits and temporary instruction permit identification cards.

(F)(1) No holder of a permit issued under division (A) of this section shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking in violation of the conditions established under division (A) of this section.

(2) Except as otherwise provided in division (F)(2) of this section, no holder of a permit that is issued under division (A) of this section and that is issued on or after July 1, 1998, and who has not attained the age of under eighteen years, of age shall operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of midnight and six a.m.

The holder of a permit issued under division (A) of this section on or after July 1, 1998, who has not attained the age of under eighteen years, of age may operate a motor vehicle upon a highway or any public or private property used by the public for purposes of vehicular travel or parking between the hours of midnight and six a.m. if, at the time of such operation, the holder is accompanied by the holder's parent, guardian, or custodian, and the parent, guardian, or custodian holds a current valid driver's or commercial driver's license issued by this state, is actually occupying a seat beside the permit holder, and does not have a prohibited concentration of alcohol in the whole blood, blood serum or plasma, breath, or urine as provided in division (A) of section 4511.19 of the Revised Code.

(G)(1) Notwithstanding any other provision of law to the contrary, no law enforcement officer shall cause the operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether each occupant of the motor vehicle is wearing all of the available elements of a properly adjusted occupant restraining device as required by division (A) of this section, or for the sole purpose of issuing a ticket, citation, or summons if the requirement in that division has been or is being violated, or for causing the arrest of or commencing a prosecution of a person for a violation of that requirement.

(2) Notwithstanding any other provision of law to the contrary, no law enforcement officer shall cause the operator of a motor vehicle being operated on any street or highway to stop the motor vehicle for the sole purpose of determining whether a violation of division (F)(2) of this section has been or is being committed or for the sole purpose of issuing a ticket, citation, or summons for such a violation or for causing the arrest of or commencing a prosecution of a person for such violation.

(H) As used in this section:

(1) "Eligible adult" means any of the following:

(a) An instructor of a driver training course approved by the department of public safety;

(b) Any of the following persons who holds a current valid driver's or commercial driver's license issued by this state:

(i) A parent, guardian, or custodian of the permit holder;

(ii) A person twenty-one years of age or older who acts in loco parentis of the permit holder;

(iii) A person twenty-one years of age or older if the permit holder is an emancipated young adult as defined in section 5180.42 of the Revised Code.

(2) "Occupant restraining device" has the same meaning as in section 4513.263 of the Revised Code.

(I) Whoever violates division (F)(1) or (2) of this section is guilty of a minor misdemeanor."

Delete lines 318 through 472

After line 472, insert:

"Sec. 4507.21. (A) Except as provided in section 4507.061 of the Revised Code, each applicant for a driver's license shall file an application in the office of the registrar of motor vehicles or of a deputy registrar.

(B)(1) Except as provided in division (B)(4) of this section, each person under twenty-one years of age applying for a an initial driver's license issued in this state and each person twenty-one years of age or older applying for an initial limited term license in this state shall present satisfactory evidence of having successfully completed one of the following:

(a) A driver training course approved by the director of public safety.

(b) A driver training course comparable to a driver training course described in division (B)(1)(a) of this section and administered by a branch of the armed forces of the United States and completed by the applicant while residing outside this state for the purpose of being with or near any person serving in the armed forces of the United States.

(2) Each Except as provided in division (B)(4) of this section, each person under twenty-one years of age applying for a an initial driver's license also shall present, on a form prescribed by the registrar, an either of the following:

(a) An affidavit, on a form prescribed by the registrar, signed by an eligible a qualified adult attesting that the person has acquired at least fifty hours of actual driving experience, with at least ten of those hours being at night;

(b) A certificate of completion generated by an electronic device or application approved in accordance with rules adopted under section 4508.02 of the Revised Code that is programmed to verify that the person completed at least forty hours of actual driving experience with a qualified adult utilizing the electronic device or application, with at least ten of those hours being at night.

(3) Except as provided in division (B)(4) of this section, each person twenty-one years of age or older applying for an initial limited term license in this state also shall present, on a form prescribed by the registrar, an either of the following:

(a) An affidavit, on a form prescribed by the registrar, signed by an a qualified adult who holds a current valid driver's or commercial driver's license issued by this state attesting that the applicant has acquired at least fifty hours of actual driving experience, with at least ten of those hours being at night, accompanied by the signing adult;

(b) A certificate of completion generated by an electronic device or application approved in accordance with rules adopted under section 4508.02 of the Revised Code that is programmed to verify that the person completed at least forty hours of actual driving experience with a qualified adult utilizing the electronic device or application, with at least ten of those hours being at night.

(4) All of the following individuals are exempt from the requirements specified in divisions (B)(1) and to (3) of this section:

(a) A person who receives a waiver of the examination by the registrar in accordance with section 4507.10 of the Revised Code;

(b) An initial limited term license applicant twenty-one years of age or older who is from a country with which the registrar has a reciprocal arrangement in accordance with section 4507.101 of the Revised Code;

(c) A person who possesses both a and presents all of the following:

(i) A valid, unexpired visa issued by the United States department of state and a or a valid document issued by the United States citizenship and immigration services that is verifiable through the systematic alien verification for entitlements system to demonstrate legal presence in the United States;

(ii) A valid, unexpired foreign driver's license and who presents a ;

(iii) A form, prescribed by the registrar and signed by the person's employer or supervisor, attesting to the person's employment by or similar work-based relationship with either the United States military, the United States department of defense, or any of the subordinate agencies to the department of defense.

(d) A person who possesses both a valid, unexpired visa issued by the United States department of state and a valid, unexpired foreign driver's license and who presents a form, prescribed by the registrar, attesting to the person's relationship with , a hospital or a health system;

(e) A person who possesses a valid, unexpired agricultural guest worker visa in accordance with 8 U.S.C. 1188 and who presents a form, prescribed by the registrar, attesting to the person's employment on located in this state, a farm located in this state and signed by that person's employer, a professional business located in this state, or any other place of temporary but nonagricultural employment located in this state.

(C)(1) An applicant for an initial driver's license shall present satisfactory evidence of successful completion of the abbreviated driver training course for adults, approved by the director of public safety under section 4508.02 of the Revised Code, if all of the following apply:

(a) The applicant is twenty-one years of age or older.

(b) The applicant failed the road or maneuverability test required under division (A)(2) of section 4507.11 of the Revised Code.

(c) In the twelve months immediately preceding the date of application, the applicant has not successfully completed a driver training course.

(2) An applicant required to present satisfactory evidence under division (C)(1) of this section shall also present either of the following:

(a) An affidavit, on a form prescribed by the registrar, signed by a qualified adult attesting that the person has acquired at least twenty-five hours of actual driving experience;

(b) A certificate of completion generated by an electronic device or application approved in accordance with rules adopted under section 4508.02 of the Revised Code that is programmed to verify that the person completed at least twenty hours of actual driving experience with a qualified adult utilizing the electronic device or application.

(3) An applicant shall present the satisfactory evidence and affidavit or certificate of completion as required under division divisions (C)(1) and (2) of this section prior to attempting the test a second or subsequent time.

(D) If the registrar or deputy registrar determines that the applicant is entitled to the driver's license, it shall be issued. If the application shows that the applicant's license has been previously canceled or suspended, the deputy registrar shall forward the application to the registrar, who shall determine whether the license shall be granted.

(E) An applicant shall file an application under this section in duplicate, and the deputy registrar issuing the license shall immediately forward to the office of the registrar the original copy of the application, together with the duplicate copy of any certificate of completion if issued for purposes of division (B) of this section. The registrar shall prescribe rules as to the manner in which the deputy registrar files and maintains the applications and other records. The registrar shall file every application for a driver's or commercial driver's license and index them by name and number, and shall maintain a suitable record of all licenses issued, all convictions and bond forfeitures, all applications for licenses denied, and all licenses that have been suspended or canceled.

(F) For purposes of section 2313.06 of the Revised Code, the registrar shall maintain accurate and current lists of the residents of each county who are eighteen years of age or older, have been issued, on and after January 1, 1984, driver's or commercial driver's licenses that are valid and current, and would be electors if they were registered to vote, regardless of whether they actually are registered to vote. The lists shall contain the names, addresses, dates of birth, duration of residence in this state, citizenship status, and social security numbers, if the numbers are available, of the licensees, and may contain any other information that the registrar considers suitable.

(G) Each person under eighteen years of age applying for a motorcycle operator's endorsement or a restricted license enabling the applicant to operate a motorcycle shall present satisfactory evidence of having completed the courses of instruction in the motorcycle safety and education program described in section 4508.08 of the Revised Code or a comparable course of instruction administered by a branch of the armed forces of the United States and completed by the applicant while residing outside this state for the purpose of being with or near any person serving in the armed forces of the United States. If the registrar or deputy registrar then determines that the applicant is entitled to the endorsement or restricted license, it shall be issued.

(H) No person shall knowingly make a false statement in an affidavit presented in accordance with division (B)(2)divisions (B)(2)(a), (3)(a), and (C)(2)(a) of this section.

(I) As used in this section, "eligible :

(1) "Electronic device or application" has the same meaning as in section 4508.02 of the Revised Code.

(2) "Qualified adult" means any of the following persons:

(1)(a) A parent, guardian, or custodian of the applicant, if the applicant is under eighteen years of age;

(2)(b) A person over the age of twenty-one who acts in loco parentis of the applicant and who maintains proof of financial responsibility with respect to the operation of a motor vehicle owned by the applicant or with respect to the applicant's operation of any motor vehicle if the applicant is under eighteen years of age;

(3)(c) A person over the age of twenty-one who holds a current valid driver's or commercial driver's license issued by this state if the applicant is an emancipated young adult as defined in section 5180.42 of the Revised Code;

(d) A person over the age of eighteen who holds a current valid driver's or commercial driver's license issued by this state if the applicant is eighteen years of age or older.

(J) Whoever violates division (H) of this section is guilty of a minor misdemeanor and shall be fined one hundred dollars."

After line 645, insert:

"Section 3. Section 4507.21 of the Revised Code is presented in this act as a composite of the section as amended by both H.B. 184 and H.B. 434 of the 136th General Assembly. The General Assembly, applying the principle stated in division (B) of section 1.52 of the Revised Code that amendments are to be harmonized and reconciled if reasonably capable of simultaneous operation, finds that the composite is the resulting version of the section in effect prior to the effective date of the section as presented in this act."

The motion was __________ agreed to.

SYNOPSIS

Limited term license driver's education exemptions

R.C. 4507.21

Standardizes the limited term license driver's education exemptions in current law by doing all of the following:

1. Authorizing the applicant to present a valid document issued by the U.S. Citizenship and Immigration Services (USCIS) that is verified through the Systemic Alien Verification for Entitlements System (SAVE) to be used for verification of legal presence in the U.S. (in addition to a valid visa as under current law);

2. Requiring all applicants to possess and present a valid, unexpired foreign driver's license (which effectively imposes this requirement on farm worker applicants);

3. Requiring the form prescribed by the Registrar of Motor Vehicles attesting that the applicant is employed by or has a work-based relationship with the applicable entity (i.e. the military, a hospital or health system, or farm) to be signed by the applicant's employer or supervisor; and

4. Requiring a hospital or health system employer to be located in Ohio (similar to the farm employer as under current law).

Expands the limited term license driver's education exemptions by including both of the following places of employment:

1. A professional business located in this state (effectively including individuals with valid documentation issued in accordance with 19 U.S.C. 4561 and 8 C.F.R. 214.6); and

2. Any other place of temporary, but nonagricultural, employment located in this state (effectively including individuals described under 8 U.S.C. 1101(a)(15)(H)(ii)(b) with valid documentation).

LSC technical amendment

R.C. 4507.05 and 4507.21

Updates the above sections in the bill to their most current versions, to account for changes made in those sections this General Assembly.