As Reported by the House Transportation and Public Safety Committee

134th General Assembly

Regular Session H. B. No. 338

2021-2022

A BILL

To amend sections 4501.13 and 4508.08 of the Revised Code to make changes to the laws related to the motorcycle safety and education program.

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

Section 1. That sections 4501.13 and 4508.08 of the Revised Code be amended to read as follows:

Sec. 4501.13. ~~Six dollars of each registration fee designated for payment to the registrar of motor vehicles in division (A)(1)(b) of section 4503.04 of the Revised Code shall be deposited in the~~ (A) The motorcycle safety and education fund~~, which~~ is hereby created in the state treasury ~~and, unless otherwise provided by law,~~. The fund shall consist of the following:

(1) Six dollars of each registration fee designated for payment to the registrar of motor vehicles in division (A)(1)(b) of section 4503.04 of the Revised Code;

(2) The fees collected for the initial authorization of a private organization or corporation to offer a nationally recognized motorcycle operator training course or curriculum under section 4508.08 of the Revised Code;

(3) The fees collected for the initial state certification of an instructor of motorcycle operator training course or curriculum under section 4508.08 of the Revised Code.

All investment earnings of the motorcycle safety and education fund shall be credited to the fund.

(B) The fund shall be used solely to pay part or all of the costs of conducting the motorcycle safety and education program created by section 4508.08 of the Revised Code.

Sec. 4508.08. There is hereby created in the department of public safety the motorcycle safety and education program. The director of public safety shall administer the program in accordance with the following guidelines:

(A)(1) The program shall include courses of instruction conducted at vocational schools, community colleges, or other suitable locations, by instructors who have obtained certification in the manner and form prescribed by the director. The courses shall meet standards established in rules adopted by the department in accordance with Chapter 119. of the Revised Code. The courses may include instruction for novice motorcycle operators, instruction in motorist awareness and alcohol and drug awareness, and any other kind of instruction the director considers appropriate. A reasonable tuition fee, as determined by the director, may be charged. The director may authorize private organizations or corporations to offer courses without tuition fee restrictions, but such entities are not eligible for reimbursement of expenses or subsidies from the motorcycle safety and education fund created in section 4501.13 of the Revised Code.

(2) The director shall do both of the following:

(a) Authorize private organizations or corporations to offer any nationally recognized motorcycle operator training courses or curriculum and any course established in accordance with division (A)(1) of this section;

(b) Permit an applicant for a motorcycle operator's endorsement or a restricted license that permits only the operation of a motorcycle who has completed any motorcycle operator training course or curriculum as authorized in division (A)(2)(a) of this section successfully within the preceding sixty days to be eligible for the examination waiver as described in division (B)(1) of section 4507.11 of the Revised Code.

(B) In addition to courses of instruction, the program may include provisions for equipment purchases, marketing and promotion, improving motorcycle license testing procedures, and any other provisions the director considers appropriate.

(C) The director shall evaluate the program every two years and shall periodically inspect the facilities, equipment, and procedures used in the courses of instruction.

(D) The director shall appoint at least one training specialist who shall oversee the operation of the program, establish courses of instruction, and supervise instructors. The training specialist shall be a licensed motorcycle operator and shall obtain certification in the manner and form prescribed by the director.

(E) The director may contract with other public agencies or with private organizations or corporations to assist in administering the program.

(F) Notwithstanding any provision of Chapter 102. of the Revised Code, the director, in order to administer the program, may participate in a motorcycle manufacturer's motorcycle loan program.

(G) The director shall contract with an insurance company or companies authorized to do business in this state to purchase a policy or policies of insurance with respect to the establishment or administration, or any other aspect of the operation of the program.

(H) A private organization or corporation that offers any nationally recognized motorcycle operator training course or curriculum is not required to use the end-of-course skills evaluation used by a course established in accordance with division (A)(1) of this section if the evaluation used by the private organization or corporation meets or exceeds the requirements of the evaluation authorized by the director under this section.

(I) An instructor for a nationally recognized motorcycle operator training course or curriculum offered by an authorized private organization or corporation shall obtain certification in the manner and form prescribed by the director under division (A)(1) of this section and in accordance with the rules adopted by the director. However, the director shall not require an instructor for a nationally recognized motorcycle operator training course or curriculum to participate in the state instructor training curriculum if the director determines that both of the following apply:

(1) The instructor has completed the training required by the authorized private organization or corporation and the training meets or exceeds the state instructor training curriculum.

(2) The instructor has met all other state requirements for certification.

(J) The director shall charge the following one-time fees:

(1) Four hundred dollars for the initial authorization of a private organization or corporation to offer a nationally recognized motorcycle operator training course or curriculum in accordance with division (A)(2)(a) of this section;

(2) Fifty dollars for the initial state certification of an instructor of a course authorized under division (A)(2)(a) of this section.

The director shall deposit all fees received under this division into the motorcycle safety and education fund established under section 4501.13 of the Revised Code.

Section 2. That existing sections 4501.13 and 4508.08 of the Revised Code are hereby repealed.