H. B. No. 308 As Introduced

As Introduced

127th General Assembly

Regular Session

2007-2008

H. B. No. 308

Representatives Domenick, Combs

Cosponsors: Representatives Seitz, Mallory, Webster

A BILL

To amend sections 3333.31, 4507.01, 4507.06, 4507.09,

4507.50, 4507.51, and 4507.52 and to enact

sections 8.01 to 8.10, 4507.092, and 5747.027 of

the Revised Code to require in specified

situations the verification of immigration status

of persons who are not United States citizens, to

impose state income taxes at a rate of six per

cent per annum on the compensation of specified

independent contractors who fail to document such

verification, and to restrict the employment,

transport, post-secondary education benefits,

driver's licenses and identification cards, and

receipt of public benefits of persons who are not

legal residents of the United States.

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

Section 1. That sections 3333.31, 4507.01, 4507.06, 4507.09,	15
4507.50, 4507.51, and 4507.52 be amended and sections 8.01, 8.02,	16
8.03, 8.04, 8.05, 8.06, 8.07, 8.08, 8.09, 8.10, 4507.092, and	17
5747.027 of the Revised Code be enacted to read as follows:	18

Sec. 8.01. As used in any section of the Revised Code:

(A) "Alien" means a person who is not a United States citizen	20
or a United States national.	21

(B) "Illegal alien" means an alien who is deportable if	22
apprehended because of one of the following:	23

(1) The alien entered the United States illegally without the	24
proper authorization and documents.	25

(2) The alien once entered the United States legally and has	26
since violated the terms of the status under which the alien	27
entered the United States, making that alien an "out of status"	28
alien.	29

(3) The alien once entered the United States legally but has	30
overstayed the time limits of the original legal status.	31

(C) "Immigrant" and "legal permanent resident alien" mean an	32
alien who has been granted the right by the United States bureau	33
of citizenship and immigration services to reside permanently in	34
the United States and to work without restrictions in the United	35
States.	36

(D) "Nonimmigrant" and "legal resident alien" mean an alien	37
who has been granted the right by the United States bureau of	38
citizenship and immigration services to reside temporarily in the	39
United States and the period of that temporary residence has not	40
expired.	41

(E) "Public employer" means any department, agency, or	42
instrumentality of the state or a political subdivision of the	43
state.	44

(F) "Status verification system" means any electronic system	45
the federal government operates to enable a person to verify or	46
ascertain the citizenship or immigration status of any individual.	47
"Status verification system" includes all of the following:	48

(1) The electronic verification of work authorization program	49
known as the "basic pilot program," 8 U.S.C. 1324a, operated by	50
the United States department of homeland security, and any	51
equivalent federal program that the United States department of	52
homeland security or other federal agency designates to verify	53
the work eligibility status of newly hired employees, pursuant to	54
the "Immigration Reform and Control Act of 1986," P. Law 99-603,	55
100 Stat. 3360.	56

(2) Any independent, third-party system with an equal or	57
higher degree of reliability as the programs, systems, or	58
processes described division (A)(1) of this section.	59

(3) The social security number verification service, or any	60
similar online verification process the United States social	61
security administration operates.	62

(G) "Subcontractor" means a subcontractor, contract employee,	63
staffing agency, or any contractor regardless of its tier.	64

(H) "Unauthorized alien" means an alien who is not authorized	65
to be employed as determined in accordance with section 101(a) of	66
the "Immigration Reform and Control Act of 1986," 100 Stat. 3360,	67
8 U.S.C. 1324a.	68

Sec. 8.02. (A) No person shall transport, move, or attempt to	69
transport in this state any illegal alien, knowing or acting in	70
reckless disregard of the fact that the alien has come to,	71
entered, or remained in the United States in violation of law, or	72
in furtherance of the illegal presence of the alien in the United	73
States.	74

(B) No person knowingly shall conceal or shelter from	75
detection any illegal alien in any place within this state,	76
including any building or means of transportation, knowing or in	77
reckless disregard of the fact that the alien has come to,	78
entered, or remained in the United States in violation of law.	79

(C) Nothing in this section shall be construed in a manner to	80
prohibit or restrict any state or local public benefit described	81
in 8 U.S.C. 1621(b), or any public health service that a private	82
charity provides with private funds.	83

(D) A violation of division (A) or (B) of this section is	84
punishable by imprisonment for not less than one year or by a fine	85
of not less than one thousand dollars, or both.	86

Sec. 8.03. (A) Every entity that operates a jail in this	87
state shall designate an official, who may be a jail keeper,	88
sheriff, or other person the entity designates, to act on its	89
behalf in carrying out this section.	90

(B) When a person charged with a felony or with driving under	91
the influence is confined in a jail for any period of time, the	92
official designated pursuant to division (A) of this section shall	93
make a reasonable effort to determine the citizenship status of	94
the confined person.	95

(C) If the designated official determines that the confined	96
person is an alien, the official shall make a reasonable effort to	97
verify that the person has been lawfully admitted to the United	98
States and that any lawful status has not expired. If the official	99
cannot verify the person's lawful status based on documents in the	100
person's possession, the official shall within forty-eight hours	101
make a query to the law enforcement support center of the United	102
States department of homeland security or other office or agency	103
that the United States department of homeland security designates	104
for that purpose. If the official cannot verify the lawful	105
immigration status of the confined person based on that query, the	106
official shall notify the United States department of homeland	107
security.	108

(D) "Jail" has the same meaning as in section 2929.01 of the	109
Revised Code.	110

Sec. 8.04. When any judge or court determines the matter of a	111
grant or issuance of bond, it is a rebuttable presumption that a	112
person who is an illegal alien is at risk of flight.	113

Sec. 8.05. (A) Every public employer shall register with a	114
status verification system and use that system to verify the	115
employment authorization status of all new employees.	116

(B)(1) After July 1, 2008, no public employer shall enter	117
into a contract for the physical performance of services within	118
this state unless the contractor registers and participates in a	119
status verification system.	120

(2) After July 1, 2008, no contractor or subcontractor shall	121
enter into any contract to provide a public employer with the	122
physical performance of services in this state unless the	123
contractor or subcontractor registers and participates in a status	124
verification system to verify information of all new employees.	125

(3) This division does not apply to any contract entered into	126
prior to the effective date of this section even if the service or	127
labor is performed after July 1, 2008.	128

(C) The director of commerce shall adopt rules pursuant to	129
Chapter 119. of the Revised Code under which the director	130
administers sections 8.05 to 8.07 of the Revised Code.	131

Sec. 8.06. (A) Any individual who acts as an independent	132
contractor and contracts to provide the physical performance of	133
services in this state shall document the employment authorization	134
of persons who perform labor for that independent contractor.	135

(B) If a contractor fails to provide the contracting entity	136
with documentation of employment authorization as division (A) of	137
this section requires, the contracting entity shall withhold from	138
that contractor's compensation an amount for state income taxes at	139
the rate of six per cent of the total amount of compensation paid	140
to the contractor. The Ohio income taxes imposed on any such	141
compensation shall be computed pursuant to section 5747.027 of the	142
Revised Code.	143

(C) Any contracting entity that fails to comply with the	144
withholding division (B) of this section requires is liable for	145
the income taxes imposed pursuant to that section unless the	146
contracting entity is exempt from federal withholding with respect	147
to the contractor pursuant to a properly filed internal revenue	148
service form 8233 or its equivalent.	149

(D) Nothing in this section shall be construed as creating an	150
employer-employee relationship between a contracting entity and an	151
individual independent contractor.	152

Sec. 8.07. (A) No employer shall discharge an employee who is	153
a United States citizen or legal permanent resident alien while	154
that employer retains an employee whom the employer knows, or	155
reasonably should have known, is an unauthorized alien hired after	156
July 1, 2008 and who works for the employer in a job category	157
that, as defined by 29 U.S.C. 206(d)(1), requires equal skill,	158
effort, and responsibility and is performed under similar working	159
conditions as the job category of the discharged employee.	160

(B) An employer is exempt from liability, investigation, or	161
suit arising from any action under this division if on the date of	162
a discharge that is alleged to violate division (A) of this	163
section, the employer was enrolled in and used a status	164
verification system to verify the employment eligibility of its	165
employees.	166

(C) A violation of this section does not give rise to any	167
cause of action except as provided in this section.	168

Sec. 8.08. (A) No individual fourteen years of age or older	169
shall qualify for a public assistance program a state agency or	170
political subdivision administers unless the individual or another	171
individual on that person's behalf verifies that the individual is	172
a United States citizen or meets the program's requirements	173
concerning alien status.	174

(B)(1) Any agency or political subdivision that provides	175
local or state public benefits shall require that any applicant	176
for those benefits execute, under penalty of perjury, an affidavit	177
the agency or political subdivision provides. In the affidavit,	178
the applicant shall affirm that the applicant is a United States	179
citizen or an alien qualified to receive the public benefit under	180
the federal immigration and nationality act, and that the person	181
is lawfully present in the United States.	182

(2) The agency or political subdivision providing the public	183
benefits shall provide notary public services at no cost to the	184
applicant.	185

(C) Any agency or political subdivision that provides state	186
or local public benefits shall use the "Systematic Alien	187
Verification for Entitlements" (SAVE) program operated by the	188
United States department of homeland security, or an equivalent	189
program the department designates, to verify the eligibility of	190
any applicant who executes the affidavit division (B) of this	191
section describes. Until the agency receives verification of	192
eligibility, the affidavit is presumed to be proof of lawful	193
presence for the purpose of receiving the public benefit.	194

(D) Agencies and political subdivisions of this state may	195
adopt any variation to the requirements of this section if the	196
variation demonstrably improves the efficiency or reduces delay in	197
the verification process, or enables the adjudication of unique	198
individual circumstances where the verification procedures in this	199
section would impose unusual hardship on a legal resident.	200

(E) Divisions (A) to (C) of this section do not apply to any	201
of the following:	202

(1) Any purpose for which lawful presence in the United	203
States is not restricted by law, ordinance, or regulation;	204

(2) Assistance for health care items and services that are	205
necessary for treating an emergency medical condition as defined	206
in 42 U.S.C. 1396b(v)(3) and that are not related to an organ	207
transplant procedure;	208

(3) Short-term, non-cash, in-kind emergency disaster relief;

209

(4) Public health assistance for immunizations with respect	210
to diseases and for testing and treatment of symptoms of	211
communicable diseases whether or not such symptoms are caused by a	212
communicable disease;	213

(5) Programs, services, or assistance such as soup kitchens,	214
crisis counseling and intervention, and short-term shelter,	215
provided through public and private nonprofit agencies that do not	216
condition the provision of assistance, the amount of assistance,	217
or the cost of assistance on the income or resources of the	218
individual recipient, and the program, service, or assistance is	219
necessary for the protection of life or safety, including programs	220
the United States attorney general specifies.	221

(F) Any person who knowingly and willfully makes a false,	222
fictitious, or fraudulent statement or representation in an	223
affidavit executed pursuant to division (B) of this section is	224
subject to criminal penalties for fraudulently obtaining public	225
assistance program benefits. If the affidavit constitutes a false	226
claim of U.S. citizenship under 18 U.S.C. 911, the agency shall	227
file a complaint with the United States attorney general.	228

(G) No agency or political subdivision shall provide any	229
state, local, or federal benefit, as defined in 8 U.S.C. 1621 and	230
8 U.S.C. 1611, in violation of this section.	231

Sec. 8.09. (A) Any agency that administers a program of state	232
or local public benefits annually shall report its compliance with	233
this section to the governor, the president of the senate, and the	234
speaker of the house of representatives.	235

(B) Each agency shall monitor the systematic alien	236
verification for entitlements program for application verification	237
errors and significant delays. The agency annually shall report to	238
the United States department of homeland security any errors or	239
significant delays it encounters and make any recommendation it	240
deems appropriate to ensure that the program does not erroneously	241
deny benefits to legal residents of this state.	242

Sec. 8.10. (A) No institution of higher education shall	243
provide any postsecondary education benefit, including, but not	244
limited to, scholarships and financial aid, grants, loans,	245
resident in-state tuition, or any other type of monetary	246
assistance to any person who is an illegal alien.	247

(B) This section does not apply to a student enrolled in a	248
degree program at a postsecondary educational institution during	249
the 2007-2008 school year or any prior year who received a tuition	250
benefit on the basis of residency status determined pursuant to	251
section 3333.31 of the Revised Code.	252

(C) Any benefit a public institution grants shall be made	253
pursuant to the procedures set forth in section 3333.31 of the	254
Revised Code and rules the board of regents adopts pursuant to	255
that section.	256

(D) As used in this section, "institution of higher	257
education" means any of the following:	258

(1) A state university or college as defined in division	259
(A)(1) of section 3345.12 of the Revised Code, community college,	260
state community college, university branch, or technical college;	261

(2) A private, nonprofit college, university or other	262
post-secondary institution located in this state that possesses a	263
certificate of authorization issued by the Ohio board of regents	264
pursuant to Chapter 1713. of the Revised Code;	265

(3) A post-secondary institution with a certificate of	266
registration issued by the state board of career colleges and	267
schools under Chapter 3332. of the Revised Code.	268

Sec. 3333.31. (A) For state subsidy and tuition surcharge	269
purposes, status as a resident of Ohio shall be defined by the	270
chancellor of the Ohio board of regents by rule promulgated	271
pursuant to Chapter 119. of the Revised Code. No adjudication as	272
to the status of any person under such rule, however, shall be	273
required to be made pursuant to Chapter 119. of the Revised Code.	274
The term "resident" for these purposes shall not be equated with	275
the definition of that term as it is employed elsewhere under the	276
laws of this state and other states, and shall not carry with it	277
any of the legal connotations appurtenant thereto. Rather, for	278
such purposes, the rule promulgated under this section shall have	279
the objective of excluding from treatment as residents those who	280
are present in the state primarily for the purpose of attending a	281
state-supported or state-assisted institution of higher education,	282
and may prescribe presumptive rules, rebuttable or conclusive, as	283
to such purpose based upon the source or sources of support of the	284
student, residence prior to first enrollment, evidence of	285
intention to remain in the state after completion of studies, or	286
such other factors as the chancellor deems relevant.	287

(B) The rules of the chancellor for determining student	288
residency shall not deny residency status to a student who is	289
either a dependent child of a parent, or the spouse of a person	290
who, as of the first day of a term of enrollment in an institution	291
of higher education, has accepted full-time employment and	292
established domicile in this state for reasons other than gaining	293
the benefit of favorable tuition rates.	294

Documentation of full-time employment and domicile shall	295
include both of the following documents:	296

(1) A sworn statement from the employer or the employer's	297
representative on the letterhead of the employer or the employer's	298
representative certifying that the parent or spouse of the student	299
is employed full-time in Ohio;	300

(2) A copy of the lease under which the parent or spouse is	301
the lessee and occupant of rented residential property in the	302
state, a copy of the closing statement on residential real	303
property of which the parent or spouse is the owner and occupant	304
in this state or, if the parent or spouse is not the lessee or	305
owner of the residence in which the parent or spouse has	306
established domicile, a letter from the owner of the residence	307
certifying that the parent or spouse resides at that residence.	308

Residency officers may also evaluate, in accordance with the	309
chancellor's rule, requests for immediate residency status from	310
dependent students whose parents are not living and whose domicile	311
follows that of a legal guardian who has accepted full-time	312
employment and established domicile in the state for reasons other	313
than gaining the benefit of favorable tuition rates.	314

(C)(1) The rules of the board of regents shall require a	315
student who desires any benefit available only to residents of	316
Ohio to provide to the state institution of higher education	317
documentation that is evidence of citizenship or lawful	318
immigration status. If the student cannot provide such	319
documentation, the student may provide a copy of a true and	320
correct application or petition filed with the United States	321
citizenship and immigration services to legalize the student's	322
immigration status, or an affidavit stating that the student will	323
file an application to receive legal immigration status at the	324
earliest opportunity the student is eligible to do so but in no	325
case later than one year after the date on which the student	326
enrolls for study at the institution.	327

(2) Any student who files an affidavit pursuant to this	328
division shall present to the institution a copy of a true and	329
correct copy of that application or petition, which copy shall be	330
maintained in the institution's records for that student.	331

(3) Any student who complies with this division may not be	332
disqualified on the basis of immigration status from any	333
scholarships or financial aid this state provides.	334

(4) This division shall not be construed to impose any	335
additional conditions to maintain resident tuition status at a	336
postsecondary educational institution within this state on a	337
student who was enrolled in a degree program and first received	338
tuition status as a resident of Ohio at that institution during	339
the 2007-2008 school year or any prior year.	340

(D) "Dependent," "domicile," "institution of higher	341
education," and "residency officer" have the meanings ascribed in	342
the chancellor's rules adopted under this section.	343

Sec. 4507.01. (A) As used in this chapter, "motor vehicle,"	344
"motorized bicycle," "state," "owner," "operator," "chauffeur,"	345
and "highways" have the same meanings as in section 4501.01 of the	346
Revised Code.	347

"Driver's license" means a class D license issued to any	348
person to operate a motor vehicle or motor-driven cycle, other	349
than a commercial motor vehicle, and includes "probationary	350
license," "restricted license," and any operator's or chauffeur's	351
license issued before January 1, 1990.	352

"Probationary license" means the license issued to any person	353
between sixteen and eighteen years of age to operate a motor	354
vehicle.	355

"Restricted license" means the license issued to any person	356
to operate a motor vehicle subject to conditions or restrictions	357
imposed by the registrar of motor vehicles.	358

"Commercial driver's license" means the license issued to a	359
person under Chapter 4506. of the Revised Code to operate a	360
commercial motor vehicle.	361

"Commercial motor vehicle" has the same meaning as in section	362
4506.01 of the Revised Code.	363

"Motorized bicycle license" means the license issued under	364
section 4511.521 of the Revised Code to any person to operate a	365
motorized bicycle including a "probationary motorized bicycle	366
license."	367

"Probationary motorized bicycle license" means the license	368
issued under section 4511.521 of the Revised Code to any person	369
between fourteen and sixteen years of age to operate a motorized	370
bicycle.	371

"Identification card" means a card issued under sections	372
4507.50 and 4507.51 of the Revised Code.	373

"Resident" means a person who, in accordance with standards	374
prescribed in rules adopted by the registrar, resides in this	375
state on a permanent basis.	376

"Temporary resident" means a person who, in accordance with	377
standards prescribed in rules adopted by the registrar, resides in	378
this state on a temporary basis. "Temporary resident" includes any	379
person who is not a United States citizen, national, or legal	380
permanent resident alien.	381

(B) In the administration of this chapter and Chapter 4506.	382
of the Revised Code, the registrar has the same authority as is	383
conferred on the registrar by section 4501.02 of the Revised Code.	384
Any act of an authorized deputy registrar of motor vehicles under	385
direction of the registrar is deemed the act of the registrar.	386

To carry out this chapter, the registrar shall appoint such	387
deputy registrars in each county as are necessary.	388

The registrar also shall provide at each place where an	389
application for a driver's or commercial driver's license or	390
identification card may be made the necessary equipment to take a	391
color photograph of the applicant for such license or card as	392
required under section 4506.11 or 4507.06 of the Revised Code, and	393
to conduct the vision screenings required by section 4507.12 of	394
the Revised Code, and equipment to laminate licenses, motorized	395
bicycle licenses, and identification cards as required by sections	396
4507.13, 4507.52, and 4511.521 of the Revised Code.	397

The registrar shall assign one or more deputy registrars to	398
any driver's license examining station operated under the	399
supervision of the state highway patrol, whenever the registrar	400
considers such assignment possible. Space shall be provided in the	401
driver's license examining station for any such deputy registrar	402
so assigned. The deputy registrars shall not exercise the powers	403
conferred by such sections upon the registrar, unless they are	404
specifically authorized to exercise such powers by such sections.	405

(C) No agent for any insurance company, writing automobile	406
insurance, shall be appointed deputy registrar, and any such	407
appointment is void. No deputy registrar shall in any manner	408
solicit any form of automobile insurance, nor in any manner	409
advise, suggest, or influence any licensee or applicant for	410
license for or against any kind or type of automobile insurance,	411
insurance company, or agent, nor have the deputy registrar's	412
office directly connected with the office of any automobile	413
insurance agent, nor impart any information furnished by any	414
applicant for a license or identification card to any person,	415
except the registrar. This division shall not apply to any	416
nonprofit corporation appointed deputy registrar.	417

(D) The registrar shall immediately remove a deputy registrar	418
who violates the requirements of this chapter.	419

(E) The registrar shall periodically solicit bids and enter	420
into a contract for the provision of laminating equipment and	421
laminating materials to the registrar and all deputy registrars.	422
The registrar shall not consider any bid that does not provide for	423
the supplying of both laminating equipment and laminating	424
materials. The laminating materials selected shall contain a	425
security feature so that any tampering with the laminating	426
material covering a license or identification card is readily	427
apparent. In soliciting bids and entering into a contract for the	428
provision of laminating equipment and laminating materials, the	429
registrar shall observe all procedures required by law.	430

Sec. 4507.06. (A)(1) Every application for a driver's	431
license or motorcycle operator's license or endorsement, or	432
duplicate of any such license or endorsement, shall be made upon	433
the approved form furnished by the registrar of motor vehicles and	434
shall be signed by the applicant.	435

Every application shall state the following:

436

(a) The applicant's name, date of birth, social security	437
number if such has been assigned, sex, general description,	438
including height, weight, color of hair, and eyes, residence	439
address, including county of residence, duration of residence in	440
this state, and country of citizenship;	441

(b) Whether the applicant previously has been licensed as an	442
operator, chauffeur, driver, commercial driver, or motorcycle	443
operator and, if so, when, by what state, and whether such license	444
is suspended or canceled at the present time and, if so, the date	445
of and reason for the suspension or cancellation;	446

(c) Whether the applicant is now or ever has been afflicted	447
with epilepsy, or whether the applicant now is suffering from any	448
physical or mental disability or disease and, if so, the nature	449
and extent of the disability or disease, giving the names and	450
addresses of physicians then or previously in attendance upon the	451
applicant;	452

(d) Whether an applicant for a duplicate driver's license, or	453
duplicate license containing a motorcycle operator endorsement has	454
pending a citation for violation of any motor vehicle law or	455
ordinance, a description of any such citation pending, and the	456
date of the citation;	457

(e) Whether the applicant wishes to certify willingness to	458
make an anatomical gift under section 2108.04 of the Revised Code,	459
which shall be given no consideration in the issuance of a license	460
or endorsement;	461

(f) Whether the applicant has executed a valid durable power	462
of attorney for health care pursuant to sections 1337.11 to	463
1337.17 of the Revised Code or has executed a declaration	464
governing the use or continuation, or the withholding or	465
withdrawal, of life-sustaining treatment pursuant to sections	466
2133.01 to 2133.15 of the Revised Code and, if the applicant has	467
executed either type of instrument, whether the applicant wishes	468
the applicant's license to indicate that the applicant has	469
executed the instrument.	470

(2) Every applicant for a driver's license shall be	471
photographed in color at the time the application for the license	472
is made. The application shall state any additional information	473
that the registrar requires.	474

(3) If the applicant is not a United States citizen,	475
national, or legal permanent resident alien, the applicant shall	476
provide valid documentary evidence that the applicant's status has	477
been continued or extended by the United States citizenship and	478
immigration services or other authorized agency of the United	479
States department of homeland security.	480

(B) The registrar or a deputy registrar, in accordance with	481
section 3503.11 of the Revised Code, shall register as an elector	482
any person who applies for a driver's license or motorcycle	483
operator's license or endorsement under division (A) of this	484
section, or for a renewal or duplicate of the license or	485
endorsement, if the applicant is eligible and wishes to be	486
registered as an elector. The decision of an applicant whether to	487
register as an elector shall be given no consideration in the	488
decision of whether to issue the applicant a license or	489
endorsement, or a renewal or duplicate.	490

(C) The registrar or a deputy registrar, in accordance with	491
section 3503.11 of the Revised Code, shall offer the opportunity	492
of completing a notice of change of residence or change of name to	493
any applicant for a driver's license or endorsement under division	494
(A) of this section, or for a renewal or duplicate of the license	495
or endorsement, if the applicant is a registered elector who has	496
changed the applicant's residence or name and has not filed such a	497
notice.	498

Sec. 4507.09. (A) Except as provided in division (B) of this	499
section, every driver's license issued to a resident of this state	500
expires on the birthday of the applicant in the fourth year after	501
the date it is issued and every driver's license issued to a	502
temporary resident expires in accordance with rules adopted by the	503
registrar of motor vehicles. In no event shall any license be	504
issued for a period longer than four years and ninety days. Any	505

~~Subject~~renewal is subject to the requirements of section	506
4507.12 of the Revised Code~~, every~~.	507

A driver's license issued to a resident is renewable at any	508
time prior to its expiration and any license of a temporary	509
resident is nonrenewable. A nonrenewable license may be replaced	510
with a new license within ninety days prior to its expiration in	511
accordance with division (E) of this section. No refund shall be	512
made or credit given for the unexpired portion of ~~the~~any driver's	513
license that is renewed. The registrar of motor vehicles shall	514
notify each person whose driver's license has expired within	515
forty-five days after the date of expiration. Notification shall	516
be made by regular mail sent to the person's last known address as	517
shown in the records of the bureau of motor vehicles. Failure to	518
provide such notification shall not be construed as a renewal or	519
extension of any license. For the purposes of this section, the	520
date of birth of any applicant born on the twenty-ninth day of	521
February shall be deemed to be the first day of March in any year	522
in which there is no twenty-ninth day of February.	523

(B) Every driver's license or renewal of a driver's license	524
issued to an applicant who is sixteen years of age or older, but	525
less than twenty-one years of age, expires on the twenty-first	526
birthday of the applicant, except that an applicant who applies no	527
more than thirty days before the applicant's twenty-first birthday	528
shall be issued a license in accordance with division (A) of this	529
section.	530

(C) Each person licensed as a driver under this chapter shall	531
notify the registrar of any change in the person's address within	532
ten days following that change. The notification shall be in	533
writing on a form provided by the registrar and shall include the	534
full name, date of birth, license number, county of residence,	535
social security number, and new address of the person.	536

(D) No driver's license shall be renewed when renewal is	537
prohibited by division (A) of section 4507.091 of the Revised	538
Code.	539

(E) A nonrenewable license may be replaced with a new license	540
within ninety days prior to its expiration upon the applicant's	541
presentation of documentation verifying the applicant's legal	542
presence in the United States. A nonrenewable license expires on	543
the same date listed on the legal presence documentation, or on	544
the same date in the fourth year after the date the nonrenewable	545
license is issued, whichever comes first unless there is no	546
definite end to the applicant's authorized stay, in which case the	547
expiration date is one year from the issuance of the license. A	548
nonrenewable license is not transferable, and the applicant may	549
not rely on it to obtain a driver's license in another state.	550

In accordance with Chapter 119. of the Revised Code, the	551
registrar of motor vehicles shall adopt rules governing	552
nonrenewable licenses for temporary residents. At a minimum, the	553
rules shall include provisions specifying all of the following:	554

(1) That no nonrenewable license may extend beyond the	555
duration of the applicant's temporary residence in this state;	556

(2) That no nonrenewable license may be replaced by a new	557
license unless the applicant provides acceptable documentation of	558
the person's identity and of the applicant's continued temporary	559
residence in this state;. If the applicant for a new license to	560
replace a nonrenewable license is not a United States citizen,	561
national, or legal permanent resident alien, the applicant shall	562
provide valid documentary evidence that the applicant's status has	563
been continued or extended by the United States citizenship and	564
immigration services or other authorized agency of the United	565
States department of homeland security.	566

(3) That no nonrenewable license is valid to apply for a	567
driver's license in any other state;	568

(4) That every nonrenewable license may contain any security	569
features that the registrar prescribes;	570

(5) That a nonrenewable license is the only type of license	571
that may be issued to a person who is not a United States citizen,	572
national, or legal permanent resident alien.	573

Sec. 4507.092. (A) The registrar of motor vehicles shall	574
adopt rules governing the issuance of a driver's license or	575
identification card to an individual who is not a United States	576
citizen, national, or legal permanent resident alien. The rules	577
shall include all of the following:	578

(1) No individual other than a United States citizen or	579
national shall receive any type of driver's license, probationary	580
license, or identification card unless that individual presents,	581
in person, valid documentary evidence of any of the following:	582

(a) A valid, unexpired immigrant or nonimmigrant visa status	583
for admission into the United States;	584

(b) A pending or approved application for asylum in the	585
United States;	586

587

(d) A pending or approved application for temporary protected	588
status in the United States;	589

(e) Approved deferred action status;

590

(f) A pending application for adjustment of status to legal	591
permanent residence status or conditional resident status.	592

(2) Any person who is not a United States citizen, national,	593
or legal permanent resident alien is deemed to be a temporary	594
resident and only a nonrenewable license or identification card	595
may be issued to that person.	596

(B) Any license or identification card issued to a person who	597
is not a United States citizen, national, or legal permanent	598
resident alien is valid only during the period of time of the	599
applicant's authorized stay in the United States or, if there is	600
no definite end to the period of authorized stay, a period of one	601
year. The document shall indicate clearly that the document is	602
temporary and state the date that it expires. Except as otherwise	603
provided in this section, the document may be renewed only upon	604
presentation of valid documentary evidence that the applicant's	605
status has been extended by the United States citizenship and	606
immigration services or other authorized agency of the United	607
States department of homeland security.	608

(C) Any driver's license that is not expired, cancelled,	609
suspended, or revoked is presumed to have been issued in	610
accordance with division (B) of this section when an application	611
is made for its renewal. If the registrar receives notice that a	612
local, state, or federal government agency provided the department	613
of public safety with information that indicates a reasonable	614
suspicion that the individual seeking the renewal or reissuance is	615
present in the United States in violation of law, the rules shall	616
require the applicant to follow the procedures in division (B) of	617
this section for the renewal or reissuance of the license.	618

Sec. 4507.50. (A) The registrar of motor vehicles or a	619
deputy registrar, upon receipt of an application filed in	620
compliance with section 4507.51 of the Revised Code by any person	621
who is a resident or a temporary resident of this state and,	622
except as otherwise provided in this section, is not licensed as	623
an operator of a motor vehicle in this state or another licensing	624
jurisdiction, and, except as provided in division (B) of this	625
section, upon receipt of a fee of three dollars and fifty cents,	626
shall issue an identification card to that person.	627

Any person who is a resident or temporary resident of this	628
state whose Ohio driver's or commercial driver's license has been	629
suspended or canceled, upon application in compliance with section	630
4507.51 of the Revised Code and, except as provided in division	631
(B) of this section, payment of a fee of three dollars and fifty	632
cents, may be issued a temporary identification card. The	633
temporary identification card shall be identical to an	634
identification card, except that it shall be printed on its face	635
with a statement that the card is valid during the effective dates	636
of the suspension or cancellation of the cardholder's license, or	637
until the birthday of the cardholder in the fourth year after the	638
date on which it is issued, whichever is shorter. A temporary	639
identification card issued to a person who is a temporary resident	640
shall indicate clearly that the document is temporary and state	641
its expiration date. The expiration date for a temporary resident	642
is the earlier of four years or the last day of the applicant's	643
authorized stay in the United States unless there is no definite	644
end to the applicant's authorized stay, in which case the	645
expiration date is one year from the card's issuance. The	646
cardholder shall surrender the identification card to the	647
registrar or any deputy registrar before the cardholder's driver's	648
or commercial driver's license is restored or reissued.	649

Except as provided in division (B) of this section, the	650
deputy registrar shall be allowed a fee of two dollars and	651
seventy-five cents commencing on July 1, 2001, three dollars and	652
twenty-five cents commencing on January 1, 2003, and three dollars	653
and fifty cents commencing on January 1, 2004, for each	654
identification card issued under this section. The fee allowed to	655
the deputy registrar shall be in addition to the fee for issuing	656
an identification card.	657

Neither the registrar nor any deputy registrar shall charge a	658
fee in excess of one dollar and fifty cents for laminating an	659
identification card or temporary identification card. A deputy	660
registrar laminating such a card shall retain the entire amount of	661
the fee charged for lamination, less the actual cost to the	662
registrar of the laminating materials used for that lamination, as	663
specified in the contract executed by the bureau for the	664
laminating materials and laminating equipment. The deputy	665
registrar shall forward the amount of the cost of the laminating	666
materials to the registrar for deposit as provided in this	667
section.	668

The fee collected for issuing an identification card under	669
this section, except the fee allowed to the deputy registrar,	670
shall be paid into the state treasury to the credit of the state	671
bureau of motor vehicles fund created in section 4501.25 of the	672
Revised Code.	673

(B) A disabled veteran who has a service-connected disability	674
rated at one hundred per cent by the veterans' administration may	675
apply to the registrar or a deputy registrar for the issuance to	676
that veteran of an identification card or a temporary	677
identification card under this section without payment of any fee	678
prescribed in division (A) of this section, including any	679
lamination fee.	680

An application made under division (B) of this section shall	681
be accompanied by such documentary evidence of disability as the	682
registrar may require by rule.	683

Sec. 4507.51. (A)(1) Every application for an identification	684
card or duplicate shall be made on a form furnished by the	685
registrar of motor vehicles, shall be signed by the applicant, and	686
by the applicant's parent or guardian if the applicant is under	687
eighteen years of age, and shall contain the following information	688
pertaining to the applicant: name, date of birth, sex, general	689
description including the applicant's height, weight, hair color,	690
and eye color, address, county of residence, duration of residence	691
in this state, country of citizenship, and social security number.	692
The application also shall state whether an applicant wishes to	693
certify willingness to make an anatomical gift under section	694
2108.04 of the Revised Code and shall include information about	695
the requirements of that section that apply to persons who are	696
less than eighteen years of age. The statement regarding	697
willingness to make such a donation shall be given no	698
consideration in the decision of whether to issue an	699
identification card. Each applicant shall be photographed in color	700
at the time of making application.	701

(2) The application also shall state whether the applicant	702
has executed a valid durable power of attorney for health care	703
pursuant to sections 1337.11 to 1337.17 of the Revised Code or has	704
executed a declaration governing the use or continuation, or the	705
withholding or withdrawal, of life-sustaining treatment pursuant	706
to sections 2133.01 to 2133.15 of the Revised Code and, if the	707
applicant has executed either type of instrument, whether the	708
applicant wishes the identification card issued to indicate that	709
the applicant has executed the instrument.	710

(3) The registrar or deputy registrar, in accordance with	711
section 3503.11 of the Revised Code, shall register as an elector	712
any person who applies for an identification card or duplicate if	713
the applicant is eligible and wishes to be registered as an	714
elector. The decision of an applicant whether to register as an	715
elector shall be given no consideration in the decision of whether	716
to issue the applicant an identification card or duplicate.	717

(B) The application for an identification card or duplicate	718
shall be filed in the office of the registrar or deputy registrar.	719
Each applicant shall present documentary evidence as required by	720
the registrar of the applicant's age and identity, and the	721
applicant shall swear that all information given is true.	722

All applications for an identification card or duplicate	723
shall be filed in duplicate, and if submitted to a deputy	724
registrar, a copy shall be forwarded to the registrar. The	725
registrar shall prescribe rules for the manner in which a deputy	726
registrar is to file and maintain applications and other records.	727
The registrar shall maintain a suitable, indexed record of all	728
applications denied and cards issued or canceled.	729

Sec. 4507.52. (A) Each identification card issued by the	730
registrar of motor vehicles or a deputy registrar shall display a	731
distinguishing number assigned to the cardholder, and shall	732
display the following inscription:	733

"STATE OF OHIO IDENTIFICATION CARD	734

This card is not valid for the purpose of operating a motor	735
vehicle. It is provided solely for the purpose of establishing the	736
identity of the bearer described on the card, who currently is not	737
licensed to operate a motor vehicle in the state of Ohio."	738

The identification card shall display substantially the same	739
information as contained in the application and as described in	740
division (A)(1) of section 4507.51 of the Revised Code, but shall	741
not display the cardholder's social security number unless the	742
cardholder specifically requests that the cardholder's social	743
security number be displayed on the card. If federal law requires	744
the cardholder's social security number to be displayed on the	745
identification card, the social security number shall be displayed	746
on the card notwithstanding this section. The identification card	747
also shall display the color photograph of the cardholder. If the	748
cardholder has executed a durable power of attorney for health	749
care or a declaration governing the use or continuation, or the	750
withholding or withdrawal, of life-sustaining treatment and has	751
specified that the cardholder wishes the identification card to	752
indicate that the cardholder has executed either type of	753
instrument, the card also shall display any symbol chosen by the	754
registrar to indicate that the cardholder has executed either type	755
of instrument. The card shall be sealed in transparent plastic or	756
similar material and shall be so designed as to prevent its	757
reproduction or alteration without ready detection.	758

The identification card for persons under twenty-one years of	759
age shall have characteristics prescribed by the registrar	760
distinguishing it from that issued to a person who is twenty-one	761
years of age or older, except that an identification card issued	762
to a person who applies no more than thirty days before the	763
applicant's twenty-first birthday shall have the characteristics	764
of an identification card issued to a person who is twenty-one	765
years of age or older.	766

Any identification card issued to a person who is a temporary	767
resident shall indicate clearly that the document is temporary and	768
state the date that it expires. The expiration date for a	769
temporary resident is the earlier of four years or the last day of	770
the applicant's authorized stay in the United States unless there	771
is no definite end to the applicant's authorized stay, in which	772
case the expiration date is one year from the card's issuance.	773

Every identification card issued to a resident of this state	774
shall expire, unless canceled or surrendered earlier, on the	775
birthday of the cardholder in the fourth year after the date on	776
which it is issued. Every identification card issued to a	777
temporary resident shall expire in accordance with rules adopted	778
by the registrar and is nonrenewable, but may be replaced with a	779
new identification card upon the applicant's compliance with all	780
applicable requirements. A cardholder may renew the cardholder's	781
identification card within ninety days prior to the day on which	782
it expires by filing an application and paying the prescribed fee	783
in accordance with section 4507.50 of the Revised Code.	784

If a cardholder applies for a driver's or commercial driver's	785
license in this state or another licensing jurisdiction, the	786
cardholder shall surrender the cardholder's identification card to	787
the registrar or any deputy registrar before the license is	788
issued.	789

(B) If a card is lost, destroyed, or mutilated, the person to	790
whom the card was issued may obtain a duplicate by doing both of	791
the following:	792

(1) Furnishing suitable proof of the loss, destruction, or	793
mutilation to the registrar or a deputy registrar;	794

(2) Filing an application and presenting documentary evidence	795
under section 4507.51 of the Revised Code.	796

Any person who loses a card and, after obtaining a duplicate,	797
finds the original, immediately shall surrender the original to	798
the registrar or a deputy registrar.	799

A cardholder may obtain a replacement identification card	800
that reflects any change of the cardholder's name by furnishing	801
suitable proof of the change to the registrar or a deputy	802
registrar and surrendering the cardholder's existing card.	803

When a cardholder applies for a duplicate or obtains a	804
replacement identification card, the cardholder shall pay a fee of	805
two dollars and fifty cents. A deputy registrar shall be allowed	806
an additional fee of two dollars and seventy-five cents commencing	807
on July 1, 2001, three dollars and twenty-five cents commencing on	808
January 1, 2003, and three dollars and fifty cents commencing on	809
January 1, 2004, for issuing a duplicate or replacement	810
identification card. A disabled veteran who is a cardholder and	811
has a service-connected disability rated at one hundred per cent	812
by the veterans' administration may apply to the registrar or a	813
deputy registrar for the issuance of a duplicate or replacement	814
identification card without payment of any fee prescribed in this	815
section, and without payment of any lamination fee if the disabled	816
veteran would not be required to pay a lamination fee in	817
connection with the issuance of an identification card or	818
temporary identification card as provided in division (B) of	819
section 4507.50 of the Revised Code.	820

A duplicate or replacement identification card shall expire	821
on the same date as the card it replaces.	822

(C) The registrar shall cancel any card upon determining that	823
the card was obtained unlawfully, issued in error, or was altered.	824
The registrar also shall cancel any card that is surrendered to	825
the registrar or to a deputy registrar after the holder has	826
obtained a duplicate, replacement, or driver's or commercial	827
driver's license.	828

(D)(1) No agent of the state or its political subdivisions	829
shall condition the granting of any benefit, service, right, or	830
privilege upon the possession by any person of an identification	831
card. Nothing in this section shall preclude any publicly operated	832
or franchised transit system from using an identification card for	833
the purpose of granting benefits or services of the system.	834

(2) No person shall be required to apply for, carry, or	835
possess an identification card.	836

(E) Except in regard to an identification card issued to a	837
person who applies no more than thirty days before the applicant's	838
twenty-first birthday, neither the registrar nor any deputy	839
registrar shall issue an identification card to a person under	840
twenty-one years of age that does not have the characteristics	841
prescribed by the registrar distinguishing it from the	842
identification card issued to persons who are twenty-one years of	843
age or older.	844

(F) Whoever violates division (E) of this section is guilty	845
of a minor misdemeanor.	846

Sec. 5747.027. In the case of an independent contractor who	847
fails to provide documentation of employment authorization to a	848
contracting entity as section 8.06 of the Revised Code requires,	849
the tax imposed on the total compensation the independent	850
contractor receives from the contracting entity shall be at the	851
rate of six per cent.	852

Section 2. That existing sections 3333.31, 4507.01, 4507.06,	853
4507.09, 4507.50, 4507.51, and 4507.52 of the Revised Code are	854
hereby repealed.	855