As Introduced 1
122nd General Assembly 4
Regular Session H. B. No. 210 5
1997-1998 6
REPRESENTATIVES CORE-JOHNSON 8
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A B I L L
To amend sections 121.05, 121.08, 3701.143, 3701.66, 13
3701.83, 4501.03, 4501.14, 4501.15, 4501.19, 14
4501.20, 4501.22, 4503.102, 4503.51, 4503.52, 15
4503.55, 4503.56, 4505.111, 4511.191, 4511.951, 16
4981.09, 4981.34, 5501.32, 5501.34, 5501.37, 17
5502.12, 5513.01, 5513.04, 5531.09, 5531.10, 18
5735.05, 5735.23, and 5735.29, to enact sections 19
4501.16, 4501.28, and 4507.45, and to repeal 20
sections 4501.21, 4501.23, 4981.151, and 4981.152 21
of the Revised Code, and to amend Section 104 of 22
Am. Sub. H.B. 117 of the 121st General Assembly, 23
to make appropriations and reappropriations for 24
highways for the 1997-1999 biennium, to provide 25
authorizations and conditions for the operation 26
of state transportation-related programs, to 27
require that the Department of Commerce have two 28
assistant directors, to maintain the provisions 29
of this act on and after May 15, 1997, by 30
amending the version of section 4511.191 of the 31
Revised Code that takes effect on that date, and 32
to maintain the provisions of this act on and 33
after March 4, 1998, by amending the version of 34
section 5513.01 of the Revised Code that takes 35
effect on that date. 36
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 38
Section 1. That sections 121.05, 121.08, 3701.143, 41
2
3701.66, 3701.83, 4501.03, 4501.14, 4501.15, 4501.19, 4501.20, 42
4501.22, 4503.102, 4503.51, 4503.52, 4503.55, 4503.56, 4505.111, 43
4511.191, 4511.951, 4981.09, 4981.34, 5501.32, 5501.34, 5501.37, 44
5502.12, 5513.01, 5513.04, 5531.09, 5531.10, 5735.05, 5735.23, 45
and 5735.29 be amended and sections 4501.16, 4501.28, and 4507.45 46
of the Revised Code be enacted to read as follows: 47
Sec. 121.05. Except as otherwise provided in this section, 58
in each department there shall be an assistant director 59
designated by the director of that department. In the department 60
of health there shall be two assistant directors, each of whom 61
shall be designated by the director of health. In the department 62
of transportation there shall be an assistant director for 63
business management, an assistant director for field operations, 64
and an assistant director for transportation policy, each of whom 66
shall be designated by the director of transportation. In the
department of insurance the deputy superintendent of insurance 68
shall be the assistant director. In the department of
administrative services, there shall be two assistant directors, 69
each of whom shall be designated by the director of 70
administrative services. IN THE DEPARTMENT OF COMMERCE, THERE 71
SHALL BE TWO ASSISTANT DIRECTORS, EACH OF WHOM SHALL BE 72
DESIGNATED BY THE DIRECTOR OF COMMERCE. In each department, the 73
assistant director shall act as director in the absence or 74
disability of the director and also shall act as director when 75
the position of director is vacant, except that in the department 76
of transportation, the department of health, THE DEPARTMENT OF 77
COMMERCE, and the department of administrative services the 79
director shall designate which assistant director shall act as 80
director in the director's absence. 81
A director may designate any of the director's assistant 83
directors or a deputy director to serve in the director's place 84
as a member of any board, committee, authority, or commission of 86
which the director is, by law, a member. The designee, when 87
present, shall be counted in determining whether a quorum is 88
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present at any meeting. The Such a designee may vote and 90
participate in all proceedings and actions of the board,
committee, authority, or commission, provided that the designee 91
shall not execute or cause a facsimile of the designee's 92
signature to be placed on any obligation, or execute any trust 94
agreement or indenture. Such designation shall be in writing, 95
executed by the designating director, filed with the secretary of 96
the board, committee, authority, or commission, and shall be in 97
effect until withdrawn or superseded by a new designation. 98
Sec. 121.08. (A) There is hereby created in the 107
department of commerce the position of deputy director of 108
administration. This officer shall be appointed by the director 109
of commerce, serve under the director's direction, supervision, 111
and control, perform such duties as the director prescribes, and 112
hold office during the director's pleasure. The DIRECTOR OF 113
COMMERCE MAY DESIGNATE AN assistant director of commerce may 114
serve as the deputy director of administration. The deputy 115
director of administration shall perform such duties as are 117
prescribed by the director of commerce in supervising the
activities of the division of administration of the department of 118
commerce. 119
(B) Except as provided in section 121.07 of the Revised 121
Code, the department of commerce shall have all powers and 122
perform all duties vested in the deputy director of 123
administration, the state fire marshal, the superintendent of 125
financial institutions, the superintendent of real estate, the 126
superintendent of liquor control, the superintendent of the 127
division of industrial compliance, and the commissioner of 128
securities, and shall have all powers and perform all duties 129
vested by law in all officers, deputies, and employees of such 130
offices. Except as provided in section 121.07 of the Revised 131
Code, wherever powers are conferred or duties imposed upon any of 132
such officers, such powers and duties shall be construed as 133
vested in the department of commerce. 134
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(C)(1) There is hereby created in the department of 136
commerce a division of financial institutions, which shall have 137
all powers and perform all duties vested by law in the 139
superintendent of financial institutions. Wherever powers are 140
conferred or duties imposed upon the superintendent of financial 141
institutions, such powers and duties shall be construed as vested 142
in the division of financial institutions. The division of 143
financial institutions shall be administered by a superintendent 145
of financial institutions.
(2) All provisions of law governing the superintendent of 147
financial institutions shall apply to and govern the 149
superintendent of financial institutions provided for in this 151
section; all authority vested by law in the superintendent of 152
financial institutions with respect to the management of the 153
division of financial institutions shall be construed as vested 154
in the superintendent of financial institutions created by this 155
section with respect to the division of financial institutions 157
provided for in this section; and all rights, privileges, and 159
emoluments conferred by law upon the superintendent of financial 160
institutions shall be construed as conferred upon the 161
superintendent of financial institutions as head of the division 162
of financial institutions. The director of commerce shall not 164
transfer from the division of financial institutions any of the 165
functions specified in division (C)(2) of this section. 167
(D) Beginning on July 1, 1997, there is hereby created in 169
the department of commerce a division of liquor control, which 170
shall have all powers and perform all duties vested by law in the 171
superintendent of liquor control. Wherever powers are conferred 172
or duties are imposed upon the superintendent of liquor control, 174
those powers and duties shall be construed as vested in the
division of liquor control. The division of liquor control shall 175
be administered by a superintendent of liquor control. 176
(E) The director of commerce shall not be interested, 178
directly or indirectly, in any firm or corporation which is a 180
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dealer in securities as defined in sections 1707.01 and 1707.14 181
of the Revised Code, or in any firm or corporation licensed under 182
sections 1321.01 to 1321.19 of the Revised Code. 183
(F) The director of commerce shall not have any official 185
connection with a savings and loan association, a savings bank, a 188
bank, a bank holding company, a savings and loan association 189
holding company, a consumer finance company, or a credit union 190
that is under the supervision of the division of financial
institutions, or a subsidiary of any of the preceding entities, 192
or be interested in the business thereof.
(G) There is hereby created in the state treasury the 194
division of administration fund. The fund shall receive 196
assessments on the operating funds of the department of commerce 197
in accordance with procedures prescribed by the director of 198
commerce and approved by the director of budget and management. 199
All operating expenses of the division of administration shall be 200
paid from the division of administration fund. 201
Sec. 3701.143. For purposes of section 4511.19 of the 210
Revised Code, the director of health shall determine, or cause to 211
be determined, techniques or methods for chemically analyzing a 212
person's blood, urine, breath, or other bodily substance in order 213
to ascertain the amount of alcohol, a drug of abuse, or alcohol 214
and a drug of abuse in the person's blood, urine, breath, or
other bodily substance. The director shall approve satisfactory 215
techniques or methods, ascertain the qualifications of 216
individuals to conduct such analyses, and issue permits to 217
qualified persons authorizing them to perform such analyses. 218
Such permits shall be subject to termination or revocation at the 219
discretion of the director.
THE DIRECTOR OF HEALTH SHALL USE THE INDIGENT PERSONS CARE 221
AND ALCOHOL TESTING FUND CREATED IN SECTION 3701.83 OF THE 222
REVISED CODE IN PART TO ADMINISTER AND ENFORCE THE ALCOHOL 223
TESTING AND PERMIT PROGRAM AUTHORIZED BY THIS SECTION.
Sec. 3701.66. (A) If the director of health determines 232
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that a claim presented to him under section 3701.64 of the 233
Revised Code by a hospital which has complied with sections 234
3701.61 to 3701.69 of the Revised Code, concerns an indigent 235
patient as evidenced by his THE DIRECTOR'S findings under section 236
3701.65 of the Revised Code, the director shall determine the 238
amount of such claim in accordance with the per diem cost of such 239
hospital as certified by him under section 3701.62 of the Revised 240
Code, for the period of the patient's indigency, less any amount 241
paid on the hospital account by an individual or by funds derived 242
through settlement, and shall pay such ascertained amount to the 243
claimant from the funds appropriated for that purpose. However, 244
the director of health shall not make any payment from such 245
appropriations until all efforts by the hospital to secure 246
payment from persons legally responsible for the debts of the 247
indigent patient, from insurance policies, from hospital 248
insurance benefits, medical insurance benefits, or medical 249
assistance under Titles XVIII and XIX of the "Social Security 250
Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, have been 251
exhausted. The director of health shall not make any payment 252
from such appropriations until the appropriate county department
of human services certifies to the director of health that the 253
indigent patient is not eligible for medical assistance under 254
Chapter 5111. of the Revised Code. 255
(B) The indigent persons care fund is hereby created in 257
the state treasury. Pursuant to sections 3701.61 to 3701.69 of 258
the Revised Code, the THE director of health shall use the 259
INDIGENT PERSONS CARE AND ALCOHOL TESTING fund CREATED BY SECTION 260
3701.83 OF THE REVISED CODE IN PART to provide reimbursements to 261
hospitals PURSUANT TO SECTIONS 3701.61 TO 3701.69 OF THE REVISED 262
CODE for the care of indigent persons injured in motor vehicle
accidents. The indigent persons care fund shall receive 263
appropriations from motor vehicle fuel tax money credited to the 264
highway operating fund under section 5735.291 of the Revised 265
Code. All investment earnings of the indigent persons care fund 266
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shall be credited to the fund.
Sec. 3701.83. (A) There is hereby created in the state 275
treasury the general operations fund. Moneys in the fund shall 276
be used for the purposes specified in sections 3701.04, 3701.344, 277
3701.88, 3702.20, 3710.15, 3711.021, 3721.02, 3722.04, 3732.04, 279
3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 280
3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 of the 281
Revised Code.
(B) THE INDIGENT PERSONS CARE AND ALCOHOL TESTING FUND IS 283
HEREBY CREATED IN THE STATE TREASURY. THE DIRECTOR OF HEALTH 284
SHALL USE THE FUND TO DO BOTH OF THE FOLLOWING: 285
(1) PROVIDE REIMBURSEMENTS TO HOSPITALS FOR THE CARE OF 287
INDIGENT PERSONS INJURED IN MOTOR VEHICLE ACCIDENTS AS PROVIDED 288
IN SECTIONS 3701.61 TO 3701.69 OF THE REVISED CODE; 289
(2) ADMINISTER AND ENFORCE THE ALCOHOL TESTING AND PERMIT 291
PROGRAM AUTHORIZED BY SECTION 3701.143 OF THE REVISED CODE. 292
THE FUND SHALL RECEIVE APPROPRIATIONS FROM MOTOR VEHICLE 294
FUEL TAX MONEY CREDITED TO THE HIGHWAY OPERATING FUND UNDER 295
SECTION 5735.291 OF THE REVISED CODE. ALL INVESTMENT EARNINGS OF 296
THE INDIGENT PERSONS CARE AND ALCOHOL TESTING FUND SHALL BE 297
CREDITED TO THE FUND.
Sec. 4501.03. The registrar of motor vehicles shall open 305
an account with each county and district of registration in the 306
state, and may assign each county and district of registration in 307
the state a unique code for identification purposes. Except as 308
provided in division (C) of section 4501.14, section 4501.044, or 310
division (B)(1) of section 4501.045 of the Revised Code, the 311
registrar shall pay all moneys the registrar receives under 312
sections 4503.02, 4503.12, and 4504.09 of the Revised Code into 313
the state treasury to the credit of the auto registration 314
distribution fund, which is hereby created, for distribution in 315
the manner provided for in this section and sections 4501.04, 316
4501.041, 4501.042, and 4501.043 of the Revised Code. All other 317
moneys received by the registrar shall be deposited in the state 318
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bureau of motor vehicles fund established in section 4501.25 of 319
the Revised Code for the purposes enumerated in that section, 320
unless otherwise provided by law. 321
All moneys credited to the auto registration distribution 323
fund shall be distributed to the counties and districts of 324
registration, except for funds received by the registrar under 325
section 4504.09 of the Revised Code, after receipt of 326
certifications from the commissioners of the sinking fund 327
certifying, as required by sections 5528.15 and 5528.35 of the 328
Revised Code, that there are sufficient moneys to the credit of 329
the highway improvement bond retirement fund created by section 330
5528.12 of the Revised Code to meet in full all payments of 331
interest, principal, and charges for the retirement of bonds and 332
other obligations issued pursuant to Section 2g of Article VIII, 333
Ohio Constitution, and sections 5528.10 and 5528.11 of the 334
Revised Code due and payable during the current calendar year, 335
and that there are sufficient moneys to the credit of the highway 336
obligations bond retirement fund created by section 5528.32 of 337
the Revised Code to meet in full all payments of interest, 338
principal, and charges for the retirement of highway obligations 339
issued pursuant to Section 2i of Article VIII, Ohio Constitution, 340
and sections 5528.30 and 5528.31 of the Revised Code due and 341
payable during the current calendar year, in the manner provided 342
in section 4501.04 of the Revised Code. 343
The treasurer of state may invest any portion of the moneys 345
credited to the auto registration distribution fund, in the same 346
manner and subject to all the laws with respect to the investment 347
of state funds by the treasurer of state, and all investment 348
earnings of the fund shall be credited to the fund. 350
Once each month the registrar shall prepare vouchers in 352
favor of the county auditor of each county for the amount of the 353
tax collection pursuant to sections 4503.02 and 4503.12 of the 354
Revised Code apportioned to the county and to the districts of 355
registration located wholly or in part in the county auditor's 357
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county. The county auditor shall distribute the proceeds of the
tax collections due the county and the districts of registration 359
in the manner provided in section 4501.04 of the Revised Code. 360
Once each month the registrar also shall prepare vouchers 362
in favor of the county auditor of each county levying a county 363
motor vehicle license tax pursuant to section 4504.02, 4504.15, 364
or 4504.16 of the Revised Code and of each county in which is 365
located one or more townships levying a township motor vehicle 366
license tax pursuant to section 4504.18 of the Revised Code for 367
the amount of the tax due the county or townships in the county. 368
All moneys received by the registrar under sections 370
4503.02, 4503.12, and 4504.09 of the Revised Code shall be 371
distributed to counties, townships, and municipal corporations 372
within thirty days of the expiration of the registration year, 373
except that a sum equal to five per cent of the total amount 374
received under sections 4503.02 and 4503.12 of the Revised Code 375
may be reserved to make final adjustments in accordance with the 376
formula for distribution set forth in section 4501.04 of the 377
Revised Code. If amounts set aside to make the adjustments are 378
inadequate, necessary adjustments shall be made immediately out 379
of funds available for distribution for the following two 380
registration years. 381
Sec. 4501.14. (A) There is hereby created in the state 390
treasury the central registration fund, to which shall be 391
credited the fees charged in division (G) of section 4503.102 of 392
the Revised Code, unless otherwise provided by law. Additional 393
expenses EXPENSES incurred by the registrar of motor vehicles for 394
implementation of the central mail-in system of motor vehicle 395
registration renewals shall be charged to the central 396
registration fund. THE DIRECTOR OF BUDGET AND MANAGEMENT MAY 398
TRANSFER EXCESS MONEY FROM THE CENTRAL REGISTRATION FUND TO THE
STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED BY SECTION 399
4501.25 OF THE REVISED CODE IF THE REGISTRAR DETERMINES THE 400
AMOUNT OF MONEY IN THE CENTRAL REGISTRATION FUND EXCEEDS THE 401
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AMOUNT REQUIRED TO COVER COSTS AND REQUESTS THE DIRECTOR TO MAKE
THE TRANSFER. All investment earnings of the central 402
registration fund shall be credited to the central registration 403
fund. 404
(B) By the fifteenth day of October of each year, the 406
registrar and the director of the office of budget and management 407
shall determine and certify for the preceding fiscal year the 408
amount, if any, by which the fees collected and paid into the 409
central registration fund exceed the expenses incurred by the 410
registrar during such year that are determined to be expenses 411
that would not have been incurred except for the enactment of 412
Amended Substitute Senate Bill No. 1 of the 117th general 413
assembly. The amount of the excess shall be transferred from the 414
central registration fund to the auto registration distribution 415
fund within ten days of the date on which the certification is 416
made, except as follows: 417
(1) First, the registrar and the director may determine 419
the amount of the excess, if any, that will be necessary to meet 420
anticipated expenses in the next fiscal year and that amount 421
shall be retained in the central registration fund; 422
(2) Second, the amount of the remaining excess, if any, 424
equal to the number of motor vehicles inspected pursuant to 425
section 4505.061 of the Revised Code as determined and certified 426
by the registrar, multiplied by fifty cents shall be transferred 427
into the state bureau of motor vehicles fund established by 428
section 4501.25 of the Revised Code. 429
(C) The director of the office of budget and management 431
shall determine and certify the amount of any estimated 432
deficiency in the central registration fund. The amount of the 433
deficiency shall be paid into the central registration fund from 434
moneys received by the registrar under section 4503.02 of the 435
Revised Code, at such times and in a manner determined by the 436
director and the registrar. 437
Sec. 4501.15. (A) The department of public safety shall 446
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not provide social security numbers from its driver license and 448
vehicle registration records to any person, except local, state, 449
or federal governmental agencies. This section DIVISION does not 450
preclude the registrar from reporting a person's social security 452
number if the number was provided in the request for information.
(B) THE DEPARTMENT SHALL NOT PROVIDE TO ANY PERSON CREDIT 454
CARD ACCOUNT NUMBERS OR ANY OTHER INFORMATION OBTAINED WHEN A 455
PERSON USES A CREDIT CARD TO PAY MOTOR VEHICLE REGISTRATION TAXES 456
OR FEES, LICENSE FEES, OR OTHER SIMILAR TAXES, FEES, PENALTIES, 457
OR CHARGES IMPOSED OR LEVIED BY THE STATE AND COLLECTED BY THE 458
DEPARTMENT, EXCEPT THAT SUCH INFORMATION MAY BE PROVIDED TO THE 459
FINANCIAL INSTITUTIONS AND CREDIT ISSUING COMPANIES DIRECTLY
INVOLVED IN THE CREDIT TRANSACTION OR TO LOCAL, STATE, OR FEDERAL 460
GOVERNMENTAL AGENCIES.
Sec. 4501.16. THERE IS HEREBY CREATED IN THE STATE 462
TREASURY THE MARCS MAINTENANCE FUND. THE FUND SHALL CONSIST OF 463
MONEYS RECEIVED BY THE STATE HIGHWAY PATROL FROM USERS OF THE 465
MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM (MARCS). THE FUND SHALL 466
BE USED TO PROVIDE MAINTENANCE FOR MARCS-RELATED EQUIPMENT 467
LOCATED AT BOTH THE MARCS FACILITIES AND TOWER SITES. ALL 469
INVESTMENT EARNINGS ON MONEYS IN THE FUND SHALL BE CREDITED TO 470
THE FUND.
Sec. 4501.19. There is hereby created in the state 479
treasury the law enforcement reimbursement fund. The LAW 480
ENFORCEMENT REIMBURSEMENT fund shall consist of those fees 481
collected by the registrar of motor vehicles under division 482
(A)(6) of section 4503.233 of the Revised Code, and shall be used 483
to make payments to law enforcement agencies in accordance with 484
that division, EXCEPT THAT THE DIRECTOR OF BUDGET AND MANAGEMENT 485
MAY TRANSFER EXCESS MONEY FROM THE LAW ENFORCEMENT REIMBURSEMENT 486
FUND TO THE BUREAU OF MOTOR VEHICLES FUND CREATED IN SECTION 487
4501.25 OF THE REVISED CODE IF THE REGISTRAR DETERMINES THAT THE
AMOUNT OF MONEY IN THE LAW ENFORCEMENT REIMBURSEMENT FUND EXCEEDS 488
THE AMOUNTS REQUIRED TO BE PAID BY DIVISION (A)(6) OF SECTION 489
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4503.233 OF THE REVISED CODE, AND THE REGISTRAR REQUESTS THE 490
DIRECTOR TO MAKE THE TRANSFER. All investment earnings of the 491
LAW ENFORCEMENT REIMBURSEMENT fund shall be credited to the fund. 492
Sec. 4501.20. There is hereby created in the state 501
treasury the collegiate license plate fund. The fund shall 502
consist of the contributions and fees that are paid to the 503
registrar of motor vehicles by applicants who voluntarily choose 504
to obtain collegiate license plates pursuant to section 4503.51 505
of the Revised Code. 506
A contribution deposited in the fund shall be paid to the 508
university or college whose name or marking or design appears on 509
collegiate license plates that are issued to a person under 510
section 4503.51 of the Revised Code. A university or college 511
that receives contributions from the fund shall deposit the 512
contributions into its general scholarship fund. The fees 513
deposited in the fund shall be used to pay the expenses the 514
bureau of motor vehicles incurs in providing the additional 515
services required in the issuing of collegiate license plates. 516
All 517
ALL investment earnings of the COLLEGIATE LICENSE PLATE 519
fund shall be credited to the fund. 520
Sec. 4501.22. There is hereby created in the state 529
treasury the pro football hall of fame license plate fund. The 530
fund shall consist of the contributions and fees that are paid to 531
the registrar of motor vehicles by applicants who voluntarily 532
choose to obtain pro football hall of fame license plates 533
pursuant to section 4503.55 of the Revised Code. 534
A contribution deposited in the fund shall be paid to the 536
pro football hall of fame, which shall deposit the contribution 537
into a special bank account that it establishes and that shall be 538
separate and distinct from any other account maintained by the 539
pro football hall of fame, to be used exclusively for the purpose 540
of promoting the pro football hall of fame as a travel 541
destination.
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The fees deposited in the pro football hall of fame license 543
plate fund shall be used to pay the expenses the bureau of motor 545
vehicles incurs in providing the additional services required in 546
the issuing of pro football hall of fame license plates. 547
All investment earnings of the pro football hall of fame 549
license plate fund shall be credited to the fund. 550
Sec. 4501.28. THERE IS HEREBY CREATED IN THE STATE 552
TREASURY THE MARCS OPERATIONS FUND. THE FUND SHALL CONSIST OF 553
MONEYS RECEIVED BY THE EMERGENCY MANAGEMENT AGENCY ESTABLISHED 554
UNDER SECTION 5502.22 OF THE REVISED CODE FROM USERS OF THE 555
MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM (MARCS). THE FUND SHALL 556
BE USED TO PROVIDE FOR THE SYSTEMS OPERATIONS OF MARCS. ALL 557
INVESTMENT EARNINGS ON MONEYS IN THE FUND SHALL BE CREDITED TO
THE FUND.
Sec. 4503.102. (A) The registrar of motor vehicles shall 566
adopt rules to establish a centralized system of motor vehicle 567
registration renewal by mail. Any person owning a motor vehicle 568
that was registered in his THE PERSON'S name during the preceding 570
registration year shall renew the registration of the motor 571
vehicle either by mail through the centralized system of 572
registration established under this section or in person at a 573
deputy registrar's office.
(B)(1) No less than forty-five days prior to the 575
expiration date of any motor vehicle registration, the registrar 576
shall mail a renewal notice to the person in whose name the motor 577
vehicle is registered. The renewal notice shall clearly state 578
that the registration of the motor vehicle may be renewed by mail 579
through the centralized system of registration or in person at a 580
deputy registrar's office and shall be preprinted with 581
information including, but not limited to, the owner's name and 582
residence address as shown in the records of the bureau of motor 583
vehicles, a brief description of the motor vehicle to be 584
registered, notice of the license taxes and fees due on the motor 585
vehicle, the toll-free telephone number of the registrar as 586
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required under division (D)(1) of section 4503.031 of the Revised 587
Code, and any additional information the registrar may require by 588
rule. The renewal notice shall be sent by regular mail to the 590
owner's last known address as shown in the records of the bureau
of motor vehicles. 591
(2) If the application for renewal of the registration of 594
a motor vehicle is prohibited from being accepted by the 595
registrar or a deputy registrar by division (D) of section 596
2935.27, division (A) of section 2937.221, division (B) of 597
section 4507.168, or division (B)(1) of section 4521.10 of the 598
Revised Code, the registrar is not required to send a renewal 599
notice to the vehicle owner or vehicle lessee.
(C) The owner of the motor vehicle shall verify the 601
information contained in the notice, sign it, and return it, in 602
person to a deputy registrar or by mail to the registrar, 603
together with a credit card number, when permitted by rule of the 604
registrar, check, or money order in the amount of the 605
registration taxes and fees payable on the motor vehicle and a 606
mail fee of two dollars and twenty-five cents plus postage as 607
indicated on the notice, if the registration is renewed by mail, 608
and an inspection certificate for the motor vehicle as provided 609
in section 3704.14 of the Revised Code. 610
(D) If all registration and transfer fees for the motor 612
vehicle for the preceding year or the preceding period of the 613
current registration year have not been paid, if division (D) of 614
section 2935.27, division (A) of section 2937.221, division (B) 616
of section 4507.168, or division (B)(1) of section 4521.10 of the 617
Revised Code prohibits acceptance of the renewal notice, or if
the owner or lessee does not have an inspection certificate for 619
the motor vehicle as provided in section 3704.14 of the Revised 620
Code, if that section is applicable, the license shall be refused 621
and the registrar or deputy registrar shall so notify the owner. 622
This section does not require the payment of license or 623
registration taxes on a motor vehicle for any preceding year, or 624
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for any preceding period of a year, if the motor vehicle was not 625
taxable for that preceding year or period under section 4503.02, 626
4503.04, 4503.11, 4503.12, or 4503.16 or Chapter 4504. of the 627
Revised Code. 628
(E)(1) Failure to receive a renewal notice does not 630
relieve a motor vehicle owner from the responsibility to renew 632
the registration for the motor vehicle. Any person who has a 633
motor vehicle registered in this state and who does not receive a 634
renewal notice as provided in division (B) of this section prior 635
to the expiration date of the registration shall request an 636
application for registration from the registrar or a deputy 637
registrar and return the signed application and any applicable 638
license taxes and fees to the registrar or deputy registrar. 639
(2) If the owner of a motor vehicle submits an application 641
for registration and the registrar is prohibited by division (D) 642
of section 2935.27, division (A) of section 2937.221, division 645
(B) of section 4507.168, or division (B)(1) of section 4521.10 of 647
the Revised Code from accepting the application, the registrar
shall return the application and the payment to the owner and 648
also shall include an explanatory notice as described in division 649
(B)(2) of this section.
(F) Every deputy registrar shall post in a prominent place 651
at the deputy's office a notice informing the public of the mail 653
registration system required by this section, and also shall post 654
a notice that every owner of a motor vehicle and every chauffeur 655
holding a certificate of registration is required to notify the 656
registrar in writing of any change of residence within ten days 657
after the change occurs. The notice shall be in such form as the 658
registrar prescribes by rule. 659
(G) The two dollars and twenty-five cents fee, plus 661
postage and any credit card surcharge collected by the registrar 662
for registration by mail, shall be paid to the credit of the 663
central registration fund established by section 4501.14 of the 664
Revised Code. 665
16
(H) No later than January 1, 1991, the registrar shall 667
implement the initial phase of a credit card payment program 668
permitting payment of motor vehicle renewal registration taxes 669
and fees by means of a credit card when such renewal is made by 670
mail. No later than January 1, 1993, the THE registrar shall MAY 672
implement the final phase of the credit card payment A program 673
permitting payment of motor vehicle registration taxes and fees, 674
driver's license and commercial driver's license fees, and any 675
other taxes, fees, PENALTIES, or charges imposed or levied by the 677
state relating to such registrations and licenses that are 678
collected by the registrar or a deputy registrar by means of a 679
credit card when such motor vehicle registrations, license 680
applications, or other similar state-related transactions are 681
made in person at the office of the registrar or at a deputy 682
registrar's office. The registrar shall MAY adopt rules as 683
necessary for this purpose. No deputy registrar shall accept a 685
credit card as payment for the purchase of any goods sold by the 686
deputy registrar and any tax imposed by Chapter 5739. of the 687
Revised Code on the sale of such goods. 688
If a person uses a credit card to pay motor vehicle 690
registration taxes or fees, license fees, or other similar taxes, 691
fees, PENALTIES, or charges imposed or levied by the state as 692
provided in this section, a surcharge sufficient to pay the 694
required service charge of the financial institution or credit 695
card company shall be paid by the person using the credit card. 696
(I) For persons who reside in counties where tailpipe 698
emissions inspections are required under the motor vehicle 699
inspection and maintenance program, the notice required by 700
division (B) of this section shall also include the toll-free 701
telephone number maintained by the Ohio environmental protection 702
agency to provide information concerning the locations of 703
emissions testing centers. 704
Sec. 4503.51. (A) The owner of any passenger car, 713
noncommercial motor vehicle, or recreational vehicle may 714
17
voluntarily choose to submit an application to the registrar of 715
motor vehicles for registration of such motor vehicle and for 716
issuance of collegiate license plates. The request for a 717
collegiate license plate may be combined with a request for a 719
special reserved license plate under section 4503.40 or 4503.42 720
of the Revised Code.
Upon receipt of an application for registration of a 722
passenger car, noncommercial motor vehicle, or recreational 723
vehicle in accordance with any rules adopted under this section 724
and upon compliance with division (B) of this section, the 725
registrar shall issue to the applicant appropriate vehicle 727
registration and a set of collegiate license plates with a 728
validation sticker, or a validation sticker alone when required
by section 4503.191 of the Revised Code. 729
In addition to the letters and numbers ordinarily inscribed 731
thereon, collegiate license plates shall be inscribed with the 733
name of a university or college that is participating with the 735
registrar in the issuance of collegiate license plates, or any 736
other identifying marking or design selected by such a university 737
or college and approved by the registrar. Collegiate license
plates shall bear county identification stickers unless the 739
registrar approves a design for the license plates that does not 740
allow for the placement of the county identification sticker. 741
(B) The collegiate license plates and validation sticker 743
shall be issued upon receipt of a contribution as provided in 744
division (C) of this section and payment of the regular license 745
fees as prescribed under section 4503.04 of the Revised Code, any 746
applicable motor vehicle tax levied under Chapter 4504. of the 747
Revised Code, a fee not to exceed ten dollars for the purpose of 748
compensating the bureau of motor vehicles for additional services 749
required in the issuing of collegiate license plates, and 750
compliance with all other applicable laws relating to the 752
registration of motor vehicles, including presentation of any 753
inspection certificate required to be obtained for the motor 754
18
vehicle under section 3704.14 of the Revised Code. If the 755
application for a collegiate license plate is combined with a 756
request for a special reserved license plate under section 757
4503.40 or 4503.42 of the Revised Code, the license plate and 758
validation sticker shall be issued upon payment of the
contribution, fees, and taxes referred to in this division, the 759
additional fee prescribed under section 4503.40 or 4503.42 of the 761
Revised Code, and compliance with all other laws relating to the 762
registration of motor vehicles, including presentation of any 763
inspection certificate required to be obtained for the motor 764
vehicle under section 3704.14 of the Revised Code. 765
(C) The registrar shall collect a contribution of forty 769
dollars for each application for registration and registration 770
renewal notice under this section.
The registrar shall transmit this contribution and the TO 773
THE TREASURER OF STATE FOR DEPOSIT INTO THE COLLEGIATE LICENSE
PLATE FUND CREATED BY SECTION 4501.20 OF THE REVISED CODE. THE 774
additional fee not to exceed ten dollars that the applicant for 776
registration voluntarily pays for the purpose of compensating the 777
bureau for the additional services required in the issuing of his 778
THE collegiate license plates SHALL BE TRANSMITTED INTO THE STATE 779
TREASURY to the treasurer CREDIT of THE state for deposit in the 780
collegiate license plate BUREAU OF MOTOR VEHICLES fund created in 781
section 4501.20 4501.25 of the Revised Code. 782
(D) The registrar, in accordance with Chapter 119. of the 784
Revised Code, shall adopt rules necessary for the efficient 785
administration of the collegiate license plate program. 786
(E) As used in this section, "university or college" means 788
a state university or college or a private university or college 789
located in this state that possesses a certificate of 790
authorization issued by the Ohio board of regents pursuant to 791
Chapter 1713. of the Revised Code. "University or college" also 792
includes community colleges created pursuant to Chapter 3354. of 793
the Revised Code, university branches created pursuant to Chapter 794
19
3355. of the Revised Code, technical colleges created pursuant to 795
Chapter 3357. of the Revised Code, and state community colleges 796
created pursuant to Chapter 3358. of the Revised Code. 797
Sec. 4503.52. (A) The owner of any passenger car, 806
noncommercial motor vehicle, or recreational vehicle may apply to 807
the registrar of motor vehicles for the registration of the 808
vehicle and issuance of Lake Erie license plates. The 809
application for Lake Erie license plates may be combined with a 810
request for a special reserved license plate under section 811
4503.40 or 4503.42 of the Revised Code. Upon receipt of the 812
completed application and compliance with division (B) of this 813
section, the registrar shall issue to the applicant the 814
appropriate vehicle registration and a set of Lake Erie license 815
plates with a validation sticker or a validation sticker alone 816
when required by section 4503.191 of the Revised Code. 817
In addition to the letters and numbers ordinarily inscribed 819
thereon, Lake Erie license plates shall be inscribed with 820
identifying words or markings designed by the Ohio Lake Erie 821
commission and approved by the registrar. Lake Erie license 822
plates shall bear county identification stickers unless the 823
registrar approves a design for the license plates that does not 824
allow for the placement of the county identification sticker. 825
(B) The Lake Erie license plates and validation sticker 827
shall be issued upon receipt of a contribution as provided in 828
division (C) of this section and upon payment of the regular 829
license fees as prescribed under section 4503.04 of the Revised 830
Code, a fee not to exceed ten dollars for the purpose of 831
compensating the bureau of motor vehicles for additional services 832
required in the issuing of the Lake Erie license plates, any 833
applicable motor vehicle tax levied under Chapter 4504. of the 834
Revised Code, and compliance with all other applicable laws 835
relating to the registration of motor vehicles. If the 836
application for Lake Erie license plates is combined with a 837
request for a special reserved license plate under section 838
20
4503.40 or 4503.42 of the Revised Code, the license plate and 839
validation sticker shall be issued upon payment of the 840
contribution, fees, and taxes contained in this division and the 841
additional fee prescribed under section 4503.40 or 4503.42 of the 842
Revised Code. 843
(C) For each application for registration and registration 845
renewal he receives RECEIVED under this section, the registrar 846
shall collect a contribution in an amount not to exceed forty 847
dollars as determined by the Ohio Lake Erie commission. The 848
registrar shall transmit this contribution to the treasurer of 849
state for deposit in the Lake Erie protection fund created in 850
section 1506.23 of the Revised Code. 851
The registrar shall deposit the additional fee not to 853
exceed ten dollars specified in division (B) of this section that 854
the applicant for registration voluntarily pays for the purpose 855
of compensating the bureau for the additional services required 856
in the issuing of his THE Lake Erie license plates in the Lake 857
Erie license plate STATE BUREAU OF MOTOR VEHICLES fund created in 858
section 4501.21 4501.25 of the Revised Code. 859
Sec. 4503.55. (A) The owner of any passenger car, 868
noncommercial motor vehicle, or recreational vehicle may apply to 869
the registrar of motor vehicles for the registration of the 870
vehicle and issuance of pro football hall of fame license plates. 871
The application for pro football hall of fame license plates may 872
be combined with a request for a special reserved license plate 873
under section 4503.40 or 4503.42 of the Revised Code. Upon 874
receipt of the completed application and compliance with division 875
(B) of this section, the registrar shall issue to the applicant 876
the appropriate vehicle registration and a set of pro football 877
hall of fame license plates with a validation sticker or a 878
validation sticker alone when required by section 4503.191 of the 879
Revised Code. 880
In addition to the letters and numbers ordinarily inscribed 882
thereon, pro football hall of fame license plates shall be 883
21
inscribed with identifying words or markings designed by the pro 884
football hall of fame and approved by the registrar. Pro 885
football hall of fame plates shall bear county identification 886
stickers unless the registrar approves a design for the license 887
plates that does not allow for the placement of the county 888
identification sticker. 889
(B) The pro football hall of fame license plates and 891
validation sticker shall be issued upon receipt of a contribution 892
as provided in division (C) of this section and upon payment of 893
the regular license fees as prescribed under section 4503.04 of 894
the Revised Code, a fee not to exceed ten dollars for the purpose 895
of compensating the bureau of motor vehicles for additional 896
services required in the issuing of the pro football hall of fame 897
license plates, any applicable motor vehicle tax levied under 898
Chapter 4504. of the Revised Code, and compliance with all other 899
applicable laws relating to the registration of motor vehicles. 900
If the application for pro football hall of fame license plates 901
is combined with a request for a special reserved license plate 902
under section 4503.40 or 4503.42 of the Revised Code, the license 903
plate and validation sticker shall be issued upon payment of the 904
contribution, fees, and taxes contained in this division and the 905
additional fee prescribed under section 4503.40 or 4503.42 of the 906
Revised Code. 907
(C) For each application for registration and registration 909
renewal under this section, the registrar shall collect a 911
contribution of fifteen dollars. The registrar shall transmit 912
this contribution to the treasurer of state for deposit in the 913
pro football hall of fame license plate fund created in section 914
4501.22 of the Revised Code.
The registrar shall deposit the additional fee not to 916
exceed ten dollars specified in division (B) of this section that 917
the applicant for registration voluntarily pays for the purpose 918
of compensating the bureau for the additional services required 919
in the issuing of his THE APPLICANT'S pro football hall of fame 920
22
license plates in the pro football hall of fame license plate 922
STATE BUREAU OF MOTOR VEHICLES fund created in section 4501.22 924
4501.25 of the Revised Code.
Sec. 4503.56. (A) The owner of any passenger car, 933
noncommercial motor vehicle, or recreational vehicle may apply to 934
the registrar of motor vehicles for the registration of the 935
vehicle and issuance of scenic rivers license plates. The 936
application for scenic rivers license plates may be combined with 937
a request for a special reserved license plate under section 938
4503.40 or 4503.42 of the Revised Code. Upon receipt of the 939
completed application and compliance with division (B) of this 940
section, the registrar shall issue to the applicant the 941
appropriate vehicle registration and a set of scenic rivers 942
license plates with a validation sticker or a validation sticker 943
alone when required by section 4503.191 of the Revised Code. 944
In addition to the letters and numbers ordinarily inscribed 946
thereon, scenic rivers license plates shall be inscribed with 947
identifying words or markings designed by the department of 948
natural resources and approved by the registrar. Scenic rivers 949
license plates shall bear county identification stickers unless 950
the registrar approves a design for the license plates that does 951
not allow for the placement of the county identification sticker. 952
(B) The scenic rivers license plates and validation 954
sticker shall be issued upon receipt of a contribution as 955
provided in division (C) of this section and upon payment of the 956
regular license fees as prescribed under section 4503.04 of the 957
Revised Code, a fee not to exceed ten dollars for the purpose of 958
compensating the bureau of motor vehicles for additional services 959
required in the issuing of the scenic rivers license plates, any 960
applicable motor vehicle tax levied under Chapter 4504. of the 961
Revised Code, and compliance with all other applicable laws 962
relating to the registration of motor vehicles. If the 963
application for scenic rivers license plates is combined with a 964
request for a special reserved license plate under section 965
23
4503.40 or 4503.42 of the Revised Code, the license plate and 966
validation sticker shall be issued upon payment of the 967
contribution, fees, and taxes contained in this division and the 968
additional fee prescribed under section 4503.40 or 4503.42 of the 969
Revised Code. 970
(C) For each application for registration and registration 972
renewal under this section, the registrar shall collect a 974
contribution in an amount not to exceed forty dollars as 975
determined by the department of natural resources. The registrar 976
shall transmit this contribution to the treasurer of state for 977
deposit in the scenic rivers protection fund created in section 978
4501.24 of the Revised Code.
The registrar shall deposit the additional fee not to 980
exceed ten dollars specified in division (B) of this section that 981
the applicant for registration voluntarily pays for the purpose 982
of compensating the bureau for the additional services required 983
in the issuing of his THE APPLICANT'S scenic rivers license 984
plates in the scenic rivers protection license plate STATE BUREAU 986
OF MOTOR VEHICLES fund created in section 4501.23 4501.25 of the 988
Revised Code.
Sec. 4505.111. Every motor vehicle, other than a motor 997
vehicle as provided in divisions (C), (D), and (E) of section 998
4505.11 of the Revised Code, that is assembled from component 999
parts by a person other than the manufacturer, shall be inspected 1,000
by the state highway patrol prior to issuance of title to the
motor vehicle. The inspection shall include establishing proof 1,001
of ownership and an inspection of the motor number and vehicle 1,002
identification number of the motor vehicle, and any items of 1,003
equipment the director of public safety considers advisable and 1,004
requires to be inspected by rule. A fee of twenty-five SIXTY 1,005
dollars shall be assessed by the state highway patrol for each 1,006
inspection made pursuant to this section, and shall be deposited 1,007
in the state highway safety fund established by section 4501.06 1,008
of the Revised Code.
24
Sec. 4507.45. UNLESS A DIFFERENT DRIVER'S LICENSE 1,010
REINSTATEMENT FEE IS PRESCRIBED BY LAW, WHENEVER A PERSON'S 1,011
DRIVER'S OR COMMERCIAL DRIVER'S LICENSE IS SUSPENDED OR REVOKED 1,012
AND THE PERSON, AFTER THE END OF THE PERIOD OF SUSPENSION OR 1,013
REVOCATION, IS ELIGIBLE TO BE REISSUED A DRIVER'S OR COMMERCIAL
DRIVER'S LICENSE AND APPLIES FOR SUCH A LICENSE, THE REGISTRAR OF 1,014
MOTOR VEHICLES SHALL COLLECT A REINSTATEMENT FEE OF THIRTY 1,015
DOLLARS AT THE TIME OF REISSUANCE. THE REGISTRAR SHALL DEPOSIT 1,016
ALL REINSTATEMENT FEES COLLECTED UNDER THIS SECTION IN THE STATE 1,017
TREASURY TO THE CREDIT OF THE STATE BUREAU OF MOTOR VEHICLES FUND 1,018
CREATED BY SECTION 4501.25 OF THE REVISED CODE.
Sec. 4511.191. (A) Any person who operates a vehicle upon 1,029
a highway or any public or private property used by the public 1,030
for vehicular travel or parking within this state shall be deemed 1,031
to have given consent to a chemical test or tests of the person's 1,033
blood, breath, or urine for the purpose of determining the 1,034
alcohol, drug, or alcohol and drug content of the person's blood, 1,035
breath, or urine if arrested for operating a vehicle while under 1,037
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,038
of abuse or for operating a vehicle with a prohibited 1,039
concentration of alcohol in the blood, breath, or urine. The 1,040
chemical test or tests shall be administered at the request of a 1,041
police officer having reasonable grounds to believe the person to 1,042
have been operating a vehicle upon a highway or any public or 1,043
private property used by the public for vehicular travel or 1,044
parking in this state while under the influence of alcohol, a 1,045
drug of abuse, or alcohol and a drug of abuse or with a 1,046
prohibited concentration of alcohol in the blood, breath, or 1,047
urine. The law enforcement agency by which the officer is 1,048
employed shall designate which of the tests shall be
administered. 1,049
(B) Any person who is dead or unconscious, or who is 1,051
otherwise in a condition rendering the person incapable of 1,052
refusal, shall be deemed not to have withdrawn consent as 1,054
25
provided by division (A) of this section and the test or tests 1,055
may be administered, subject to sections 313.12 to 313.16 of the 1,056
Revised Code. 1,057
(C)(1) Any person under arrest for operating a vehicle 1,059
while under the influence of alcohol, a drug of abuse, or alcohol 1,060
and a drug of abuse or for operating a vehicle with a prohibited 1,061
concentration of alcohol in the blood, breath, or urine shall be 1,062
advised at a police station, or at a hospital, first-aid station, 1,063
or clinic to which the person has been taken for first-aid or 1,064
medical treatment, of both of the following: 1,065
(a) The consequences, as specified in division (E) of this 1,067
section, of the person's refusal to submit upon request to a 1,068
chemical test designated by the law enforcement agency as 1,070
provided in division (A) of this section; 1,071
(b) The consequences, as specified in division (F) of this 1,073
section, of the person's submission to the designated chemical 1,075
test if the person is found to have a prohibited concentration of 1,076
alcohol in the blood, breath, or urine. 1,077
(2)(a) The advice given pursuant to division (C)(1) of 1,079
this section shall be in a written form containing the 1,080
information described in division (C)(2)(b) of this section and 1,081
shall be read to the person. The form shall contain a statement 1,082
that the form was shown to the person under arrest and read to 1,083
the person in the presence of the arresting officer and either 1,085
another police officer, a civilian police employee, or an 1,086
employee of a hospital, first-aid station, or clinic, if any, to 1,087
which the person has been taken for first-aid or medical 1,088
treatment. The witnesses shall certify to this fact by signing 1,089
the form.
(b) The form required by division (C)(2)(a) of this 1,091
section shall read as follows: 1,092
"You now are under arrest for operating a vehicle while 1,094
under the influence of alcohol, a drug of abuse, or both alcohol 1,095
and a drug of abuse and will be requested by a police officer to 1,096
26
submit to a chemical test to determine the concentration of 1,097
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 1,098
blood, breath, or urine. 1,099
If you refuse to submit to the requested test or if you 1,101
submit to the requested test and are found to have a prohibited 1,102
concentration of alcohol in your blood, breath, or urine, your 1,103
driver's or commercial driver's license or permit or nonresident 1,104
operating privilege immediately will be suspended for the period 1,105
of time specified by law by the officer, on behalf of the 1,106
registrar of motor vehicles. You may appeal this suspension at 1,107
your initial appearance before the court that hears the charges 1,108
against you resulting from the arrest, and your initial 1,109
appearance will be conducted no later than five days after the 1,110
arrest. This suspension is independent of the penalties for the 1,111
offense, and you may be subject to other penalties upon 1,112
conviction." 1,113
(D)(1) If a person under arrest as described in division 1,115
(C)(1) of this section is not asked by a police officer to submit 1,116
to a chemical test designated as provided in division (A) of this 1,117
section, the arresting officer shall seize the Ohio or 1,118
out-of-state driver's or commercial driver's license or permit of 1,119
the person and immediately forward the seized license or permit 1,120
to the court in which the arrested person is to appear on the 1,121
charge for which the person was arrested. If the arrested person 1,123
does not have the person's driver's or commercial driver's 1,124
license or permit on the individual's person or in the person's 1,126
vehicle, the arresting officer shall order the arrested person to 1,127
surrender it to the law enforcement agency that employs the 1,129
officer within twenty-four hours after the arrest, and, upon the 1,130
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 1,132
person is to appear on the charge for which the person was 1,133
arrested. Upon receipt of the license or permit, the court shall 1,134
retain it pending the initial appearance of the arrested person 1,135
27
and any action taken under section 4511.196 of the Revised Code. 1,136
If a person under arrest as described in division (C)(1) of 1,138
this section is asked by a police officer to submit to a chemical 1,139
test designated as provided in division (A) of this section and 1,140
is advised of the consequences of the person's refusal or 1,141
submission as provided in division (C) of this section and if the 1,143
person either refuses to submit to the designated chemical test 1,144
or the person submits to the designated chemical test and the 1,145
test results indicate that the person's blood contained a 1,146
concentration of ten-hundredths of one per cent or more by weight 1,147
of alcohol, the person's breath contained a concentration of 1,148
ten-hundredths of one gram or more by weight of alcohol per two 1,149
hundred ten liters of the person's breath, or the person's urine 1,150
contained a concentration of fourteen-hundredths of one gram or 1,152
more by weight of alcohol per one hundred milliliters of the 1,153
person's urine at the time of the alleged offense, the arresting 1,155
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 1,157
suspension upon the person that advises the person that, 1,158
independent of any penalties or sanctions imposed upon the person 1,160
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 1,162
license or permit or nonresident operating privilege is 1,163
suspended, that the suspension takes effect immediately, that the 1,164
suspension will last at least until the person's initial 1,165
appearance on the charge that will be held within five days after 1,167
the date of the person's arrest or the issuance of a citation to 1,169
the person, and that the person may appeal the suspension at the 1,171
initial appearance; seize the Ohio or out-of-state driver's or 1,172
commercial driver's license or permit of the person; and 1,173
immediately forward the seized license or permit to the 1,174
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on the 1,176
individual's person or in the person's vehicle, the arresting 1,177
28
officer shall order the person to surrender it to the law 1,178
enforcement agency that employs the officer within twenty-four 1,179
hours after the service of the notice of suspension, and, upon 1,180
the surrender, the officer's employing agency immediately shall 1,181
forward the license or permit to the registrar. 1,182
(b) Verify the current residence of the person and, if it 1,184
differs from that on the person's driver's or commercial driver's 1,185
license or permit, notify the registrar of the change; 1,186
(c) In addition to forwarding the arrested person's 1,188
driver's or commercial driver's license or permit to the 1,189
registrar, send to the registrar, within forty-eight hours after 1,190
the arrest of the person, a sworn report that includes all of the 1,191
following statements: 1,192
(i) That the officer had reasonable grounds to believe 1,194
that, at the time of the arrest, the arrested person was 1,195
operating a vehicle upon a highway or public or private property 1,196
used by the public for vehicular travel or parking within this 1,197
state while under the influence of alcohol, a drug of abuse, or 1,198
alcohol and a drug of abuse or with a prohibited concentration of 1,199
alcohol in the blood, breath, or urine; 1,200
(ii) That the person was arrested and charged with 1,202
operating a vehicle while under the influence of alcohol, a drug 1,203
of abuse, or alcohol and a drug of abuse or with operating a 1,204
vehicle with a prohibited concentration of alcohol in the blood, 1,205
breath, or urine; 1,206
(iii) That the officer asked the person to take the 1,208
designated chemical test, advised the person of the consequences 1,209
of submitting to the chemical test or refusing to take the 1,210
chemical test, and gave the person the form described in division 1,211
(C)(2) of this section; 1,212
(iv) That the person refused to submit to the chemical 1,214
test or that the person submitted to the chemical test and the 1,215
test results indicate that the person's blood contained a 1,216
concentration of ten-hundredths of one per cent or more by weight 1,218
29
of alcohol, the person's breath contained a concentration of 1,219
ten-hundredths of one gram or more by weight of alcohol per two 1,220
hundred ten liters of the person's breath, or the person's urine 1,221
contained a concentration of fourteen-hundredths of one gram or 1,223
more by weight of alcohol per one hundred milliliters of the 1,224
person's urine at the time of the alleged offense; 1,226
(v) That the officer served a notice of suspension upon 1,228
the person as described in division (D)(1)(a) of this section. 1,229
(2) The sworn report of an arresting officer completed 1,231
under division (D)(1)(c) of this section shall be given by the 1,232
officer to the arrested person at the time of the arrest or sent 1,233
to the person by regular first class mail by the registrar as 1,234
soon thereafter as possible, but no later than fourteen days 1,235
after receipt of the report. An arresting officer may give an 1,236
unsworn report to the arrested person at the time of the arrest 1,237
provided the report is complete when given to the arrested person 1,238
and subsequently is sworn to by the arresting officer. As soon 1,239
as possible, but no later than forty-eight hours after the arrest 1,240
of the person, the arresting officer shall send a copy of the 1,241
sworn report to the court in which the arrested person is to 1,242
appear on the charge for which the person was arrested. 1,243
(3) The sworn report of an arresting officer completed and 1,245
sent to the registrar and the court under divisions (D)(1)(c) and 1,246
(D)(2) of this section is prima-facie proof of the information 1,247
and statements that it contains and shall be admitted and 1,248
considered as prima-facie proof of the information and statements 1,249
that it contains in any appeal under division (H) of this section 1,250
relative to any suspension of a person's driver's or commercial 1,251
driver's license or permit or nonresident operating privilege 1,252
that results from the arrest covered by the report. 1,253
(E)(1) Upon receipt of the sworn report of an arresting 1,255
officer completed and sent to the registrar and a court pursuant 1,256
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 1,257
person who refused to take the designated chemical test, the 1,258
30
registrar shall enter into the registrar's records the fact that 1,260
the person's driver's or commercial driver's license or permit or 1,261
nonresident operating privilege was suspended by the arresting 1,262
officer under division (D)(1)(a) of this section and the period 1,263
of the suspension, as determined under divisions (E)(1)(a) to (d) 1,264
of this section. The suspension shall be subject to appeal as 1,265
provided in this section and shall be for whichever of the 1,266
following periods applies: 1,267
(a) If the arrested person, within five years of the date 1,269
on which the person refused the request to consent to the 1,270
chemical test, had not refused a previous request to consent to a 1,272
chemical test of the person's blood, breath, or urine to 1,273
determine its alcohol content, the period of suspension shall be 1,275
one year. If the person is a resident without a license or 1,276
permit to operate a vehicle within this state, the registrar 1,277
shall deny to the person the issuance of a driver's or commercial 1,278
driver's license or permit for a period of one year after the 1,279
date of the alleged violation.
(b) If the arrested person, within five years of the date 1,281
on which the person refused the request to consent to the 1,282
chemical test, had refused one previous request to consent to a 1,284
chemical test of the person's blood, breath, or urine to 1,285
determine its alcohol content, the period of suspension or denial 1,287
shall be two years.
(c) If the arrested person, within five years of the date 1,289
on which the person refused the request to consent to the 1,290
chemical test, had refused two previous requests to consent to a 1,292
chemical test of the person's blood, breath, or urine to 1,293
determine its alcohol content, the period of suspension or denial 1,295
shall be three years.
(d) If the arrested person, within five years of the date 1,297
on which the person refused the request to consent to the 1,298
chemical test, had refused three or more previous requests to 1,300
consent to a chemical test of the person's blood, breath, or 1,301
31
urine to determine its alcohol content, the period of suspension 1,303
or denial shall be five years. 1,304
(2) The suspension or denial imposed under division (E)(1) 1,306
of this section shall continue for the entire one-year, two-year, 1,307
three-year, or five-year period, subject to appeal as provided in 1,308
this section and subject to termination as provided in division 1,309
(K) of this section. 1,310
(F) Upon receipt of the sworn report of an arresting 1,312
officer completed and sent to the registrar and a court pursuant 1,313
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 1,314
person whose test results indicate that the person's blood 1,315
contained a concentration of ten-hundredths of one per cent or 1,317
more by weight of alcohol, the person's breath contained a 1,318
concentration of ten-hundredths of one gram or more by weight of 1,319
alcohol per two hundred ten liters of the person's breath, or the 1,321
person's urine contained a concentration of fourteen-hundredths 1,322
of one gram or more by weight of alcohol per one hundred 1,323
milliliters of the person's urine at the time of the alleged 1,324
offense, the registrar shall enter into the registrar's records 1,325
the fact that the person's driver's or commercial driver's 1,327
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 1,328
this section and the period of the suspension, as determined 1,329
under divisions (F)(1) to (4) of this section. The suspension 1,330
shall be subject to appeal as provided in this section and shall 1,331
be for whichever of the following periods that applies: 1,332
(1) Except when division (F)(2), (3), or (4) of this 1,334
section applies and specifies a different period of suspension or 1,335
denial, the period of the suspension or denial shall be ninety 1,336
days.
(2) If the person has been convicted, within six years of 1,339
the date the test was conducted, of one violation of division (A) 1,340
or (B) of section 4511.19 of the Revised Code, a municipal 1,341
ordinance relating to operating a vehicle while under the 1,342
32
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,343
abuse, a municipal ordinance relating to operating a vehicle with 1,344
a prohibited concentration of alcohol in the blood, breath, or 1,345
urine, section 2903.04 of the Revised Code in a case in which the 1,346
offender was subject to the sanctions described in division (D) 1,347
of that section, or section 2903.06, 2903.07, or 2903.08 of the 1,348
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 1,349
the jury or judge found that at the time of the commission of the 1,350
offense the offender was under the influence of alcohol, a drug 1,351
of abuse, or alcohol and a drug of abuse, or a statute of any 1,352
other state or a municipal ordinance of a municipal corporation 1,353
located in any other state that is substantially similar to 1,354
division (A) or (B) of section 4511.19 of the Revised Code, the 1,355
period of the suspension or denial shall be one year. 1,356
(3) If the person has been convicted, within six years of 1,358
the date the test was conducted, of two violations of a statute 1,359
or ordinance described in division (F)(2) of this section, the 1,361
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 1,363
the date the test was conducted, of more than two violations of a 1,364
statute or ordinance described in division (F)(2) of this 1,365
section, the period of the suspension or denial shall be three 1,366
years. 1,367
(G)(1) A suspension of a person's driver's or commercial 1,369
driver's license or permit or nonresident operating privilege 1,370
under division (D)(1)(a) of this section for the period of time 1,371
described in division (E) or (F) of this section is effective 1,372
immediately from the time at which the arresting officer serves 1,373
the notice of suspension upon the arrested person. Any 1,374
subsequent finding that the person is not guilty of the charge 1,375
that resulted in the person being requested to take, or in the 1,377
person taking, the chemical test or tests under division (A) of 1,378
this section affects the suspension only as described in division 1,379
33
(H)(2) of this section. 1,380
(2) If a person is arrested for operating a vehicle while 1,382
under the influence of alcohol, a drug of abuse, or alcohol and a 1,383
drug of abuse or for operating a vehicle with a prohibited 1,384
concentration of alcohol in the blood, breath, or urine and 1,385
regardless of whether the person's driver's or commercial 1,386
driver's license or permit or nonresident operating privilege is 1,387
or is not suspended under division (E) or (F) of this section, 1,388
the person's initial appearance on the charge resulting from the 1,389
arrest shall be held within five days of the person's arrest or 1,390
the issuance of the citation to the person, subject to any 1,391
continuance granted by the court pursuant to division (H)(1) of 1,393
this section regarding the issues specified in that division. 1,394
(H)(1) If a person is arrested for operating a vehicle 1,396
while under the influence of alcohol, a drug of abuse, or alcohol 1,397
and a drug of abuse or for operating a vehicle with a prohibited 1,398
concentration of alcohol in the blood, breath, or urine and if 1,399
the person's driver's or commercial driver's license or permit or 1,400
nonresident operating privilege is suspended under division (E) 1,401
or (F) of this section, the person may appeal the suspension at 1,402
the person's initial appearance on the charge resulting from the 1,405
arrest in the court in which the person will appear on that 1,406
charge. If the person appeals the suspension at the person's 1,407
initial appearance, the appeal does not stay the operation of the 1,408
suspension. Subject to division (H)(2) of this section, no court 1,409
has jurisdiction to grant a stay of a suspension imposed under 1,410
division (E) or (F) of this section, and any order issued by any 1,411
court that purports to grant a stay of any suspension imposed 1,412
under either of those divisions shall not be given administrative 1,413
effect.
If the person appeals the suspension at the person's 1,415
initial appearance, either the person or the registrar may 1,416
request a continuance of the appeal. Either the person or the 1,418
registrar shall make the request for a continuance of the appeal 1,419
34
at the same time as the making of the appeal. If either the 1,420
person or the registrar requests a continuance of the appeal, the 1,421
court may grant the continuance. The court also may continue the 1,422
appeal on its own motion. The granting of a continuance applies 1,423
only to the conduct of the appeal of the suspension and does not 1,424
extend the time within which the initial appearance must be 1,425
conducted, and the court shall proceed with all other aspects of 1,426
the initial appearance in accordance with its normal procedures. 1,427
Neither the request for nor the granting of a continuance stays 1,428
the operation of the suspension that is the subject of the 1,429
appeal.
If the person appeals the suspension at the person's 1,431
initial appearance, the scope of the appeal is limited to 1,432
determining whether one or more of the following conditions have 1,433
not been met: 1,434
(a) Whether the law enforcement officer had reasonable 1,436
ground to believe the arrested person was operating a vehicle 1,437
upon a highway or public or private property used by the public 1,438
for vehicular travel or parking within this state while under the 1,439
influence of alcohol, a drug of abuse, or alcohol and a drug of 1,440
abuse or with a prohibited concentration of alcohol in the blood, 1,441
breath, or urine and whether the arrested person was in fact 1,442
placed under arrest; 1,443
(b) Whether the law enforcement officer requested the 1,445
arrested person to submit to the chemical test designated 1,446
pursuant to division (A) of this section; 1,447
(c) Whether the arresting officer informed the arrested 1,449
person of the consequences of refusing to be tested or of 1,450
submitting to the test; 1,451
(d) Whichever of the following is applicable: 1,453
(i) Whether the arrested person refused to submit to the 1,455
chemical test requested by the officer; 1,456
(ii) Whether the chemical test results indicate that the 1,458
arrested person's blood contained a concentration of 1,459
35
ten-hundredths of one per cent or more by weight of alcohol, the 1,461
person's breath contained a concentration of ten-hundredths of 1,463
one gram or more by weight of alcohol per two hundred ten liters 1,464
of the person's breath, or the person's urine contained a 1,465
concentration of fourteen-hundredths of one gram or more by 1,467
weight of alcohol per one hundred milliliters of the person's 1,468
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 1,470
appearance, the judge or referee of the court or the mayor of the 1,471
mayor's court shall determine whether one or more of the 1,472
conditions specified in divisions (H)(1)(a) to (d) of this 1,473
section have not been met. The person who appeals the suspension 1,474
has the burden of proving, by a preponderance of the evidence, 1,475
that one or more of the specified conditions has not been met. If 1,477
during the appeal at the initial appearance the judge or referee 1,478
of the court or the mayor of the mayor's court determines that 1,479
all of those conditions have been met, the judge, referee, or 1,480
mayor shall uphold the suspension, shall continue the suspension, 1,481
and shall notify the registrar of the decision on a form approved 1,482
by the registrar. Except as otherwise provided in division 1,483
(H)(2) of this section, if the suspension is upheld or if the 1,484
person does not appeal the suspension at the person's initial 1,485
appearance under division (H)(1) of this section, the suspension 1,487
shall continue until the complaint alleging the violation for 1,488
which the person was arrested and in relation to which the 1,489
suspension was imposed is adjudicated on the merits by the judge 1,490
or referee of the trial court or by the mayor of the mayor's 1,491
court. If the suspension was imposed under division (E) of this 1,492
section and it is continued under this division, any subsequent 1,493
finding that the person is not guilty of the charge that resulted 1,494
in the person being requested to take the chemical test or tests 1,496
under division (A) of this section does not terminate or 1,497
otherwise affect the suspension. If the suspension was imposed 1,498
under division (F) of this section and it is continued under this 1,499
36
division, the suspension shall terminate if, for any reason, the 1,500
person subsequently is found not guilty of the charge that 1,501
resulted in the person taking the chemical test or tests under 1,503
division (A) of this section.
If, during the appeal at the initial appearance, the judge 1,505
or referee of the trial court or the mayor of the mayor's court 1,506
determines that one or more of the conditions specified in 1,507
divisions (H)(1)(a) to (d) of this section have not been met, the 1,508
judge, referee, or mayor shall terminate the suspension, subject 1,509
to the imposition of a new suspension under division (B) of 1,510
section 4511.196 of the Revised Code; shall notify the registrar 1,511
of the decision on a form approved by the registrar; and, except 1,512
as provided in division (B) of section 4511.196 of the Revised 1,514
Code, shall order the registrar to return the driver's or 1,515
commercial driver's license or permit to the person or to take 1,516
such measures as may be necessary, if the license or permit was 1,517
destroyed under section 4507.55 of the Revised Code, to permit 1,518
the person to obtain a replacement driver's or commercial 1,519
driver's license or permit from the registrar or a deputy 1,520
registrar in accordance with that section. The court also shall 1,521
issue to the person a court order, valid for not more than ten 1,522
days from the date of issuance, granting the person operating 1,523
privileges for that period of time.
If the person appeals the suspension at the initial 1,525
appearance, the registrar shall be represented by the prosecuting 1,526
attorney of the county in which the arrest occurred if the 1,527
initial appearance is conducted in a juvenile court or county 1,528
court, except that if the arrest occurred within a city or 1,529
village within the jurisdiction of the county court in which the 1,530
appeal is conducted, the city director of law or village 1,531
solicitor of that city or village shall represent the registrar. 1,532
If the appeal is conducted in a municipal court, the registrar 1,533
shall be represented as provided in section 1901.34 of the 1,534
Revised Code. If the appeal is conducted in a mayor's court, the 1,535
37
registrar shall be represented by the city director of law, 1,536
village solicitor, or other chief legal officer of the municipal 1,537
corporation that operates that mayor's court. 1,538
(I)(1) If a person's driver's or commercial driver's 1,540
license or permit or nonresident operating privilege has been 1,541
suspended pursuant to division (E) of this section, and the 1,542
person, within the preceding seven years, has refused three 1,543
previous requests to consent to a chemical test of the person's 1,545
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 1,547
of division (A) or (B) of section 4511.19 of the Revised Code, a 1,548
municipal ordinance relating to operating a vehicle while under 1,549
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,550
of abuse, a municipal ordinance relating to operating a vehicle 1,551
with a prohibited concentration of alcohol in the blood, breath, 1,552
or urine, section 2903.04 of the Revised Code in a case in which 1,553
the person was subject to the sanctions described in division (D) 1,554
of that section, or section 2903.06, 2903.07, or 2903.08 of the 1,555
Revised Code or a municipal ordinance that is substantially 1,556
similar to section 2903.07 of the Revised Code in a case in which 1,557
the jury or judge found that the person was under the influence 1,558
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,560
statute of any other state or a municipal ordinance of a
municipal corporation located in any other state that is 1,561
substantially similar to division (A) or (B) of section 4511.19 1,562
of the Revised Code, the person is not entitled to request, and 1,563
the court shall not grant to the person, occupational driving 1,564
privileges under this division. Any other person whose driver's 1,565
or commercial driver's license or nonresident operating privilege 1,566
has been suspended pursuant to division (E) of this section may 1,567
file a petition requesting occupational driving privileges in the 1,568
municipal court, county court, or, if the person is a minor, 1,569
juvenile court with jurisdiction over the place at which the 1,570
arrest occurred. The petition may be filed at any time subsequent 1,571
38
to the date on which the arresting officer serves the notice of 1,572
suspension upon the arrested person. The person shall pay the 1,573
costs of the proceeding, notify the registrar of the filing of 1,574
the petition, and send the registrar a copy of the petition. 1,575
In the proceedings, the registrar shall be represented by 1,577
the prosecuting attorney of the county in which the arrest 1,578
occurred if the petition is filed in the juvenile court or county 1,579
court, except that, if the arrest occurred within a city or 1,580
village within the jurisdiction of the county court in which the 1,581
petition is filed, the city director of law or village solicitor 1,582
of that city or village shall represent the registrar. If the 1,583
petition is filed in the municipal court, the registrar shall be 1,584
represented as provided in section 1901.34 of the Revised Code. 1,585
The court, if it finds reasonable cause to believe that 1,587
suspension would seriously affect the person's ability to 1,588
continue in the person's employment, may grant the person 1,589
occupational driving privileges during the period of suspension 1,591
imposed pursuant to division (E) of this section, subject to the 1,592
limitations contained in this division and division (I)(2) of 1,593
this section. The court may grant the occupational driving 1,594
privileges, subject to the limitations contained in this division 1,595
and division (I)(2) of this section, regardless of whether the 1,596
person appeals the suspension at the person's initial appearance 1,598
under division (H)(1) of this section or appeals the decision of 1,599
the court made pursuant to the appeal conducted at the initial 1,600
appearance, and, if the person has appealed the suspension or 1,601
decision, regardless of whether the matter at issue has been 1,602
heard or decided by the court. The court shall not grant 1,603
occupational driving privileges to any person who, within seven 1,604
years of the filing of the petition, has refused three previous 1,605
requests to consent to a chemical test of the person's blood, 1,607
breath, or urine to determine its alcohol content or has been 1,608
convicted of or pleaded guilty to three or more violations of 1,609
division (A) or (B) of section 4511.19 of the Revised Code, a 1,610
39
municipal ordinance relating to operating a vehicle while under 1,611
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,612
of abuse, a municipal ordinance relating to operating a vehicle 1,613
with a prohibited concentration of alcohol in the blood, breath, 1,614
or urine, section 2903.04 of the Revised Code in a case in which 1,615
the person was subject to the sanctions described in division (D) 1,616
of that section, or section 2903.06, 2903.07, or 2903.08 of the 1,617
Revised Code or a municipal ordinance that is substantially 1,618
similar to section 2903.07 of the Revised Code in a case in which 1,619
the jury or judge found that the person was under the influence 1,620
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,621
statute of any other state or a municipal ordinance of a municial 1,622
MUNICIPAL corporation located in any other state that is 1,624
substantially similar to division (A) or (B) of section 4511.19 1,625
of the Revised Code, and shall not grant occupational driving 1,626
privileges for employment as a driver of commercial motor 1,627
vehicles to any person who is disqualified from operating a 1,628
commercial motor vehicle under section 4506.16 of the Revised 1,629
Code.
(2)(a) In granting occupational driving privileges under 1,631
division (I)(1) of this section, the court may impose any 1,632
condition it considers reasonable and necessary to limit the use 1,633
of a vehicle by the person. The court shall deliver to the 1,634
person a permit card, in a form to be prescribed by the court, 1,635
setting forth the time, place, and other conditions limiting the 1,636
defendant's use of a vehicle. The grant of occupational driving 1,637
privileges shall be conditioned upon the person's having the 1,638
permit in the person's possession at all times during which the 1,640
person is operating a vehicle. 1,641
A person granted occupational driving privileges who 1,643
operates a vehicle for other than occupational purposes, in 1,644
violation of any condition imposed by the court, or without 1,645
having the permit in the person's possession, is guilty of a 1,646
violation of section 4507.02 of the Revised Code. 1,648
40
(b) The court may not grant a person occupational driving 1,650
privileges under division (I)(1) of this section when prohibited 1,651
by a limitation contained in that division or during any of the 1,652
following periods of time: 1,653
(i) The first thirty days of suspension imposed upon a 1,655
person who, within five years of the date on which the person 1,656
refused the request to consent to a chemical test of the person's 1,658
blood, breath, or urine to determine its alcohol content and for 1,660
which refusal the suspension was imposed, had not refused a 1,661
previous request to consent to a chemical test of the person's 1,662
blood, breath, or urine to determine its alcohol content; 1,664
(ii) The first ninety days of suspension imposed upon a 1,666
person who, within five years of the date on which the person 1,667
refused the request to consent to a chemical test of the person's 1,669
blood, breath, or urine to determine its alcohol content and for 1,671
which refusal the suspension was imposed, had refused one 1,672
previous request to consent to a chemical test of the person's 1,673
blood, breath, or urine to determine its alcohol content; 1,675
(iii) The first year of suspension imposed upon a person 1,677
who, within five years of the date on which the person refused 1,679
the request to consent to a chemical test of the person's blood, 1,681
breath, or urine to determine its alcohol content and for which 1,682
refusal the suspension was imposed, had refused two previous 1,683
requests to consent to a chemical test of the person's blood, 1,684
breath, or urine to determine its alcohol content; 1,686
(iv) The first three years of suspension imposed upon a 1,688
person who, within five years of the date on which the person 1,689
refused the request to consent to a chemical test of the person's 1,691
blood, breath, or urine to determine its alcohol content and for 1,693
which refusal the suspension was imposed, had refused three or 1,694
more previous requests to consent to a chemical test of the 1,695
person's blood, breath, or urine to determine its alcohol 1,697
content.
(3) The court shall give information in writing of any 1,699
41
action taken under this section to the registrar. 1,700
(4) If a person's driver's or commercial driver's license 1,702
or permit or nonresident operating privilege has been suspended 1,703
pursuant to division (F) of this section, and the person, within 1,704
the preceding seven years, has been convicted of or pleaded 1,705
guilty to three or more violations of division (A) or (B) of 1,706
section 4511.19 of the Revised Code, a municipal ordinance 1,707
relating to operating a vehicle while under the influence of 1,708
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 1,709
municipal ordinance relating to operating a vehicle with a 1,710
prohibited concentration of alcohol in the blood, breath, or 1,711
urine, section 2903.04 of the Revised Code in a case in which the 1,712
person was subject to the sanctions described in division (D) of 1,713
that section, or section 2903.06, 2903.07, or 2903.08 of the 1,714
Revised Code or a municipal ordinance that is substantially 1,715
similar to section 2903.07 of the Revised Code in a case in which 1,716
the jury or judge found that the person was under the influence 1,717
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,718
statute of any other state or a municipal ordinance of a 1,719
municipal corporation located in any other state that is 1,720
substantially similar to division (A) or (B) of section 4511.19 1,721
of the Revised Code, the person is not entitled to request, and 1,722
the court shall not grant to the person, occupational driving 1,723
privileges under this division. Any other person whose driver's 1,724
or commercial driver's license or nonresident operating privilege 1,725
has been suspended pursuant to division (F) of this section may 1,726
file in the court specified in division (I)(1) of this section a 1,727
petition requesting occupational driving privileges in accordance 1,728
with section 4507.16 of the Revised Code. The petition may be 1,729
filed at any time subsequent to the date on which the arresting 1,730
officer serves the notice of suspension upon the arrested person. 1,731
Upon the making of the request, occupational driving privileges 1,732
may be granted in accordance with section 4507.16 of the Revised 1,733
Code. The court may grant the occupational driving privileges, 1,734
42
subject to the limitations contained in section 4507.16 of the 1,735
Revised Code, regardless of whether the person appeals the 1,736
suspension at the person's initial appearance under division 1,737
(H)(1) of this section or appeals the decision of the court made 1,739
pursuant to the appeal conducted at the initial appearance, and, 1,740
if the person has appealed the suspension or decision, regardless 1,741
of whether the matter at issue has been heard or decided by the 1,742
court.
(J) When it finally has been determined under the 1,744
procedures of this section that a nonresident's privilege to 1,745
operate a vehicle within this state has been suspended, the 1,746
registrar shall give information in writing of the action taken 1,747
to the motor vehicle administrator of the state of the person's 1,748
residence and of any state in which the person has a license. 1,749
(K) A suspension of the driver's or commercial driver's 1,751
license or permit of a resident, a suspension of the operating 1,752
privilege of a nonresident, or a denial of a driver's or 1,753
commercial driver's license or permit for refusal to submit to a 1,754
chemical test to determine the alcohol, drug, or alcohol and drug 1,755
content of the person's blood, breath, or urine pursuant to 1,756
division (E) of this section, shall be terminated by the 1,757
registrar upon receipt of notice of the person's entering a plea 1,758
of guilty to, or of the person's conviction after entering a plea 1,760
of no contest under Criminal Rule 11 to, operating a vehicle 1,761
while under the influence of alcohol, a drug of abuse, or alcohol 1,762
and a drug of abuse or with a prohibited concentration of alcohol 1,763
in the blood, breath, or urine, if the offense for which the plea 1,764
is entered arose from the same incident that led to the 1,765
suspension or denial. 1,766
The registrar shall credit against any judicial suspension 1,768
of a person's driver's or commercial driver's license or permit 1,769
or nonresident operating privilege imposed pursuant to division 1,770
(B) or (E) of section 4507.16 of the Revised Code any time during 1,771
which the person serves a related suspension imposed pursuant to 1,772
43
division (E) or (F) of this section. 1,773
(L) At the end of a suspension period under this section, 1,775
section 4511.196, or division (B) of section 4507.16 of the 1,776
Revised Code and upon the request of the person whose driver's or 1,777
commercial driver's license or permit was suspended and who is 1,778
not otherwise subject to suspension, revocation, or 1,779
disqualification, the registrar shall return the driver's or 1,780
commercial driver's license or permit to the person upon the 1,781
occurrence of all of the following: 1,782
(1) A showing by the person that the person had proof of 1,784
financial responsibility, a policy of liability insurance in 1,786
effect that meets the minimum standards set forth in section 1,787
4509.51 of the Revised Code, or proof, to the satisfaction of the 1,788
registrar, that the person is able to respond in damages in an 1,789
amount at least equal to the minimum amounts specified in section 1,790
4509.51 of the Revised Code. 1,791
(2) Payment by the person of a license reinstatement fee 1,793
of two hundred fifty EIGHTY dollars to the bureau of motor 1,794
vehicles, which fee shall be deposited in the state treasury and 1,796
credited as follows: 1,797
(a) Seventy-five dollars shall be credited to the drivers' 1,799
treatment and intervention fund, which is hereby established. 1,800
The fund shall be used to pay the costs of driver treatment and 1,801
intervention programs operated pursuant to sections 3793.02 and 1,802
3793.10 of the Revised Code. The director of alcohol and drug 1,803
addiction services shall determine the share of the fund that is 1,804
to be allocated to alcohol and drug addiction programs authorized 1,805
by section 3793.02 of the Revised Code, and the share of the fund 1,806
that is to be allocated to drivers' intervention programs 1,807
authorized by section 3793.10 of the Revised Code. 1,808
(b) Fifty dollars shall be credited to the reparations 1,810
fund created by section 2743.191 of the Revised Code. 1,811
(c) Twenty-five dollars shall be credited to the indigent 1,813
drivers alcohol treatment fund, which is hereby established. 1,814
44
Except as otherwise provided in division (L)(2)(c) of this 1,817
section, moneys in the fund shall be distributed by the 1,818
department of alcohol and drug addiction services to the county 1,819
indigent drivers alcohol treatment funds, the county juvenile 1,820
indigent drivers alcohol treatment funds, and the municipal 1,821
indigent drivers treatment funds that are required to be 1,822
established by counties and municipal corporations pursuant to 1,823
division (N) of this section, and shall be used only to pay the 1,824
cost of an alcohol and drug addiction treatment program attended 1,825
by an offender or juvenile traffic offender who is ordered to 1,826
attend an alcohol and drug addiction treatment program by a 1,827
county, juvenile, or municipal court judge and who is determined 1,828
by the county, juvenile, or municipal court judge not to have the 1,829
means to pay for attendance at the program. Moneys in the fund 1,830
that are not distributed to a county indigent drivers alcohol 1,831
treatment fund, a county juvenile indigent drivers alcohol 1,832
treatment fund, or a municipal indigent drivers alcohol treatment 1,833
fund under division (N) of this section because the director of 1,834
alcohol and drug addiction services does not have the information 1,835
necessary to identify the county or municipal corporation where 1,836
the offender or juvenile offender was arrested may be transferred 1,837
by the director of budget and management to the drivers'
treatment and intervention fund, created in division (L)(2)(a) of 1,838
this section, upon certification of the amount by the director of 1,839
alcohol and drug addiction services. 1,840
(d) Fifty dollars shall be credited to the Ohio 1,842
rehabilitation services commission established by section 3304.12 1,843
of the Revised Code, to the services for rehabilitation fund, 1,844
which is hereby established. The fund shall be used to match 1,845
available federal matching funds where appropriate, and for any 1,846
other purpose or program of the commission to rehabilitate people 1,847
with disabilities to help them become employed and independent. 1,848
(e) Fifty dollars shall be deposited into the state 1,850
treasury and credited to the drug abuse resistance education 1,851
45
programs fund, which is hereby established, to be used by the 1,853
attorney general for the purposes specified in division (L)(2)(e)
of this section. 1,854
(f) THIRTY DOLLARS SHALL BE CREDITED TO THE STATE BUREAU 1,856
OF MOTOR VEHICLES FUND CREATED BY SECTION 4501.25 OF THE REVISED 1,857
CODE.
The attorney general shall use amounts in the drug abuse 1,859
resistance education programs fund to award grants to law 1,860
enforcement agencies to establish and implement drug abuse 1,861
resistance education programs in public schools. Grants awarded 1,862
to a law enforcement agency under division (L)(2)(e) of this 1,863
section shall be used by the agency to pay for not more than 1,864
fifty per cent of the amount of the salaries of law enforcement 1,865
officers who conduct drug abuse resistance education programs in 1,866
public schools. The attorney general shall not use more than six 1,867
per cent of the amounts the attorney general's office receives 1,869
under division (L)(2)(e) of this section to pay the costs it 1,870
incurs in administering the grant program established by division 1,871
(L)(2)(e) of this section and in providing training and materials 1,872
relating to drug abuse resistance education programs. 1,873
The attorney general shall report to the governor and the 1,875
general assembly each fiscal year on the progress made in 1,876
establishing and implementing drug abuse resistance education 1,877
programs. These reports shall include an evaluation of the 1,878
effectiveness of these programs. 1,879
(M) Suspension of a commercial driver's license under 1,881
division (E) or (F) of this section shall be concurrent with any 1,882
period of disqualification under section 4506.16 of the Revised 1,883
Code. No person who is disqualified for life from holding a 1,884
commercial driver's license under section 4506.16 of the Revised 1,885
Code shall be issued a driver's license under Chapter 4507. of 1,886
the Revised Code during the period for which the commercial 1,887
driver's license was suspended under division (E) or (F) of this 1,888
section, and no person whose commercial driver's license is 1,889
46
suspended under division (E) or (F) of this section shall be 1,890
issued a driver's license under that chapter during the period of 1,891
the suspension. 1,892
(N)(1) Each county shall establish an indigent drivers 1,894
alcohol treatment fund, each county shall establish a juvenile 1,895
indigent drivers alcohol treatment fund, and each municipal 1,896
corporation in which there is a municipal court shall establish 1,897
an indigent drivers alcohol treatment fund. All revenue that the 1,898
general assembly appropriates to the indigent drivers alcohol 1,899
treatment fund for transfer to a county indigent drivers alcohol 1,900
treatment fund, a county juvenile indigent drivers alcohol 1,901
treatment fund, or a municipal indigent drivers alcohol treatment 1,902
fund, all portions of fees that are paid under division (L) of 1,903
this section and that are credited under that division to the 1,904
indigent drivers alcohol treatment fund in the state treasury for 1,905
a county indigent drivers alcohol treatment fund, a county 1,906
juvenile indigent drivers alcohol treatment fund, or a municipal 1,907
indigent drivers alcohol treatment fund, and all portions of 1,908
fines that are specified for deposit into a county or municipal 1,909
indigent drivers alcohol treatment fund by section 4511.193 of 1,910
the Revised Code shall be deposited into that county indigent 1,911
drivers alcohol treatment fund, county juvenile indigent drivers 1,912
alcohol treatment fund, or municipal indigent drivers alcohol 1,913
treatment fund in accordance with division (N)(2) of this 1,914
section. Additionally, all portions of fines that are paid for a 1,915
violation of section 4511.19 of the Revised Code or division 1,916
(B)(2) of section 4507.02 of the Revised Code, and that are 1,917
required under division (A)(1) or (2) of section 4511.99 or 1,918
division (B)(5) of section 4507.99 of the Revised Code to be 1,919
deposited into a county indigent drivers alcohol treatment fund 1,920
or municipal indigent drivers alcohol treatment fund shall be 1,921
deposited into the appropriate fund in accordance with the 1,922
applicable division. 1,923
(2) That portion of the license reinstatement fee that is 1,925
47
paid under division (L) of this section and that is credited 1,926
under that division to the indigent drivers alcohol treatment 1,927
fund shall be deposited into a county indigent drivers alcohol 1,928
treatment fund, a county juvenile indigent drivers alcohol 1,929
treatment fund, or a municipal indigent drivers alcohol treatment 1,930
fund as follows: 1,931
(a) If the suspension in question was imposed under this 1,933
section, that portion of the fee shall be deposited as follows: 1,934
(i) If the fee is paid by a person who was charged in a 1,936
county court with the violation that resulted in the suspension, 1,937
the portion shall be deposited into the county indigent drivers 1,938
alcohol treatment fund under the control of that court; 1,939
(ii) If the fee is paid by a person who was charged in a 1,941
juvenile court with the violation that resulted in the 1,942
suspension, the portion shall be deposited into the county 1,943
juvenile indigent drivers alcohol treatment fund established in 1,944
the county served by the court; 1,945
(iii) If the fee is paid by a person who was charged in a 1,947
municipal court with the violation that resulted in the 1,948
suspension, the portion shall be deposited into the municipal 1,949
indigent drivers alcohol treatment fund under the control of that 1,950
court. 1,951
(b) If the suspension in question was imposed under 1,953
division (B) of section 4507.16 of the Revised Code, that portion 1,954
of the fee shall be deposited as follows: 1,955
(i) If the fee is paid by a person whose license or permit 1,957
was suspended by a county court, the portion shall be deposited 1,958
into the county indigent drivers alcohol treatment fund under the 1,959
control of that court; 1,960
(ii) If the fee is paid by a person whose license or 1,962
permit was suspended by a municipal court, the portion shall be 1,963
deposited into the municipal indigent drivers alcohol treatment 1,964
fund under the control of that court. 1,965
(3) Expenditures from a county indigent drivers alcohol 1,967
48
treatment fund, a county juvenile indigent drivers alcohol 1,968
treatment fund, or a municipal indigent drivers alcohol treatment 1,969
fund shall be made only upon the order of a county, juvenile, or 1,970
municipal court judge and only for payment of the cost of the 1,971
attendance at an alcohol and drug addiction treatment program of 1,972
a person who is convicted of, or found to be a juvenile traffic 1,973
offender by reason of, a violation of division (A) of section 1,974
4511.19 of the Revised Code or a substantially similar municipal 1,975
ordinance, who is ordered by the court to attend the alcohol and 1,976
drug addiction treatment program, and who is determined by the 1,977
court to be unable to pay the cost of attendance at the treatment 1,979
program. The board of alcohol, drug addiction, and mental health 1,980
services established pursuant to section 340.02 of the Revised 1,981
Code serving the alcohol, drug addiction, and mental health 1,982
service district in which the court is located shall administer 1,983
the indigent drivers alcohol treatment program of the court. 1,984
When a court orders an offender or juvenile traffic offender to 1,985
attend an alcohol and drug addiction treatment program, the board 1,986
shall determine which program is suitable to meet the needs of 1,987
the offender or juvenile traffic offender, and when a suitable 1,988
program is located and space is available at the program, the 1,989
offender or juvenile traffic offender shall attend the program 1,990
designated by the board. A reasonable amount not to exceed five 1,991
per cent of the amounts credited to and deposited into the county 1,992
indigent drivers alcohol treatment fund, the county juvenile 1,993
indigent drivers alcohol treatment fund, or the municipal 1,994
indigent drivers alcohol treatment fund serving every court whose 1,995
program is administered by that board shall be paid to the board 1,996
to cover the costs it incurs in administering those indigent 1,997
drivers alcohol treatment programs.
This is an interim section effective until May 15, 1997. 1,999
Sec. 4511.951. (A) A fee of twelve THIRTY dollars and 2,008
fifty cents shall be charged by the registrar of motor vehicles 2,010
for the reinstatement of any driver's license suspended pursuant 2,011
49
to division (A) of Article IV of the compact enacted in section 2,012
4511.95 of the Revised Code.
(B) Pursuant to division (A) of Article VI of the 2,014
nonresident violator compact of 1977 enacted in section 4511.95 2,015
of the Revised Code, the director of public safety shall serve as 2,016
the compact administrator for Ohio.
Sec. 4981.09. (A) There is hereby created in the state 2,025
treasury the rail development fund. The fund shall consist of 2,028
such moneys as may be provided by law, including moneys received 2,029
from the sale, transfer, or lease of any rail property pursuant 2,030
to section 4981.08 of the Revised Code, and amounts transferred 2,031
pursuant to division (B) of this section. Moneys in the fund 2,034
shall be used for the purpose of acquiring, rehabilitating, or 2,035
developing rail property or service, or for participation in the 2,036
acquisition of rail property with the federal government, 2,037
municipal corporations, townships, counties, or other 2,038
governmental agencies. For the purpose of acquiring such rail 2,039
property, the Ohio rail development commission may obtain 2,040
acquisition loans from the federal government or from any other 2,041
source.
The fund shall also be used to promote, plan, design, 2,043
construct, operate, and maintain passenger and freight rail 2,044
transportation systems, and may be used to pay the administrative 2,046
costs of the Ohio rail development commission associated with 2,047
conducting any authorized rail program, and for any purpose
authorized by sections 4981.03 and 5501.56 of the Revised Code. 2,048
The fund shall not be used to provide loan guarantees. 2,049
(B) Twice each year:, by the last day of January MARCH 2,052
for the immediately preceding June through December; and by the 2,053
last day of June AUGUST for the immediately preceding January 2,055
through May, the tax commissioner shall certify to the director 2,056
of budget and management the identified amounts paid into the 2,057
general revenue fund pursuant to Chapter 5733. of the Revised 2,058
Code during those months by taxpayers engaged in the business of 2,060
50
owning or operating a railroad either wholly or partially within
this state on rights of way acquired and held exclusively by such 2,061
taxpayer. The certifications shall not include amounts refunded 2,063
to such taxpayers. Upon receipt of each certification, the 2,064
director of budget and management shall transfer seventy-five per 2,065
cent of the amount certified from the general revenue fund to the 2,066
rail development fund.
Sec. 4981.34. (A) On behalf of a franchisee and pursuant 2,075
to section 4981.15 of the Revised Code, the Ohio rail development 2,076
commission may issue bonds for loans to finance development and 2,077
construction of a franchisee's portion of a rail system. 2,078
Notwithstanding section 4981.151 of the Revised Code, any ANY 2,079
bonds issued pursuant to this section do not, and shall state 2,081
that they do not, represent or constitute a debt or pledge of the 2,082
faith and credit of the state, nor do such bonds grant to the 2,083
bondholders or noteholders any right to have the general assembly 2,084
levy any taxes or appropriate any funds for the payment of the 2,085
principal or interest thereon. Such bonds shall be payable 2,086
solely from the loan repayments the commission receives from the 2,087
franchisee to which the loan was made. The loan repayments shall 2,088
be made from revenues that the franchisee receives from the 2,089
operation of its portion of the rail system and that shall be 2,090
pledged to repay the commission, or from such other credit 2,091
sources as the franchisee may arrange. 2,092
(B) The portion of the rail system awarded to a 2,094
franchisee, any elements thereof, or the land upon which a 2,095
franchise is situated may be owned by the franchisee or owned by 2,096
the commission and leased to the franchisee for the term of the 2,097
franchise. 2,098
(C) The rail system may be financed partially by the 2,100
commission and partially by franchisees. With respect to that 2,101
portion of the rail system financed by the commission, the 2,102
commission may utilize all of the bonding and financial authority 2,103
contained in sections 4981.01 to 4981.26 of the Revised Code and 2,104
51
also may seek to obtain state funding or federal financing on 2,105
behalf of the rail system. Commission financing, credit support, 2,106
and financial assistance may not be commingled with private 2,107
financing obtained by the franchisee, and any moneys of the 2,108
commission to be expended by the commission to finance a portion 2,109
of a rail system shall be kept in accounts that are separate and 2,110
apart from and not a part of the accounts in which are kept any 2,111
moneys to be expended by a franchisee to finance its portion of a 2,112
rail system. 2,113
(D) The franchisee may arrange financing and refinancing 2,115
of the system through any combination of debt, equity, and public 2,116
sources available to it that it determines in its sole 2,117
discretion. A franchisee shall not be precluded from utilizing 2,118
any type of public or private assistance available to it in 2,119
connection with the development of its franchise. A franchisee 2,120
shall furnish the commission all relevant and necessary 2,121
information with respect to financing terms to enable the 2,122
commission to exercise its oversight responsibilities with 2,123
respect to the franchisee's reasonable return on its investment. 2,124
(E) When requested by a franchisee, the commission shall 2,126
seek from the office of budget and management an allotment of 2,127
proceeds from the issuance of private activity bonds. The 2,128
commission shall distribute those proceeds to franchisees in such 2,129
proportions and amounts as it determines in its discretion. 2,130
(F)(1) The commission may levy and collect special 2,132
assessments upon all parcels of real property, other than real 2,133
property owned by a railroad corporation, in the immediate 2,134
vicinity of any rail system station or terminal of the commission 2,135
or a franchisee, including, without limitation, parcels that 2,136
abut, are adjacent or contiguous to, or otherwise increase in 2,137
value due to the existence of, the station or terminal. An 2,138
assessment levied under this division shall be for the purpose of 2,139
enabling the commission to collect a portion of the increase in 2,140
the true value in money of any such parcel of property subsequent 2,141
52
to the commencement of operation of a rail system station or 2,142
terminal. All assessments shall be applied, directly or 2,143
indirectly, to the development and financing of the portion of 2,144
the rail system of which the station or terminal is a part. 2,145
(2) Upon written request of the commission, the county 2,147
auditor of a county in which a rail system station or terminal 2,148
commences operation shall assess each parcel of real property 2,149
that is located in the immediate vicinity of the station or 2,150
terminal and that the commission has reasonable cause to believe 2,151
has increased in true value in money because of the existence of 2,152
the station or terminal. The county auditor shall utilize 2,153
appropriate assessment techniques specified in rules adopted by 2,154
the tax commissioner pursuant to Chapter 5713. of the Revised 2,155
Code to determine the increase in true value, if any, of the real 2,156
property. Any increase shall be measured by comparing the true 2,157
value of the real property in the year in which the commission 2,158
adopted the resolution designating the location of the station or 2,159
terminal, as reflected on the tax list for that year, with the 2,160
highest true value of the real property as of the month in which 2,161
rail system operations commenced at the station or terminal. The 2,162
county auditor shall then determine what percentage of the true 2,163
value increase, if any, is directly attributable to the existence 2,164
of and commencement of operations at the station or terminal. The 2,166
county auditor shall convert the percentage increase to an amount 2,167
certain, and certify the results of the assessments to the
commission. Within thirty days after receipt of the certified 2,168
results, the commission shall reimburse the county auditor for 2,169
the actual cost to the auditor of making the assessments. 2,170
(3) In no case shall any special assessment levied by the 2,172
commission upon a parcel of real property exceed twenty per cent 2,173
of the increase in the true value of the property that the county 2,174
auditor certifies to the commission as being directly 2,175
attributable to the existence of and commencement of operations 2,176
at the station or terminal. A special assessment shall 2,177
53
constitute a lien against the property and shall be added to the 2,178
tax list and duplicate for collection. Payments on the special 2,179
assessment shall be made semiannually at the same time as real 2,180
property taxes are required to be paid, but upon written request 2,181
of the owner of the real property assessed, the county auditor 2,182
may permit the owner to pay the assessment in equal installments 2,183
over a period of not longer than ten years. 2,184
(4) An owner of real property upon which a special 2,186
assessment is levied under this section may file a petition in 2,187
the court of common pleas of the county in which the real 2,188
property is located challenging any aspect of the assessment, 2,189
including the fact of the special assessment itself or the 2,190
amount. The filing of such a petition shall stay the collection 2,191
of any part of the special assessment, and collection shall not 2,192
commence until a decision on the merits is rendered by the court. 2,193
(G) Nothing in this section shall be construed as limiting 2,195
the power of the commission to issue bonds pursuant to section 2,196
4981.15 of the Revised Code for the purposes stated in that 2,197
section. 2,198
Sec. 5501.32. The director of transportation may purchase 2,207
property in fee simple in the name of the state by warranty deed, 2,208
and all or any part of a tract of land when the acquisition of a 2,209
part of the land needed for highway purposes will result in 2,210
substantial damages to the residue by severance, controlled 2,211
access, or isolation. The warranty deed shall contain a 2,212
description of the property suitable for platting on tax maps. 2,213
The director, in the name of the state, may sell all the 2,215
right, title, and interest of the state in any part of land not 2,216
required for highway purposes, provided the director shall have 2,217
the parcel of land appraised by a department prequalified 2,218
appraiser. 2,219
Except as otherwise provided in this section, the director 2,221
shall advertise such THE sale OF LAND NOT REQUIRED FOR HIGHWAY 2,223
PURPOSES in a newspaper of general circulation in the county in 2,224
54
which the land is situated for at least two consecutive weeks
prior to the date set for such THE sale. Such THE land shall MAY 2,226
be sold at public auction to the highest bidder for not less than 2,227
two-thirds of its appraised value, BUT THE DIRECTOR MAY REJECT 2,228
ALL BIDS THAT ARE LESS THAN THE FULL APPRAISED VALUE OF THE LAND. 2,230
If, however, such land NOT REQUIRED FOR HIGHWAY PURPOSES is 2,232
appraised as having a current fair market value of five thousand 2,234
dollars or less, the director may sell the land to the sole 2,235
abutting owner through a private sale at a price not less than 2,236
its appraised value. If there is more than one abutting owner, 2,237
the director may invite all of the abutting owners to submit 2,238
sealed bids and may sell the land to the highest bidder at not 2,239
less than its appraised value.
All expense incurred in the sale of each parcel of land 2,241
shall be paid out of the proceeds of the sale and the balance 2,242
shall be deposited in the highway fund from which the purchase 2,243
was made. 2,244
The deed to such THE purchaser OF LAND UNDER THIS SECTION 2,246
shall be prepared by the auditor of state, executed by the 2,247
governor and, countersigned by the secretary of state, and SHALL 2,249
bear the great seal of the state.
Sec. 5501.34. In the event that circumstances alter the 2,258
highway requirements after the director of transportation has 2,259
purchased and acquired property from the administrator of 2,260
workers' compensation or retirement board, or otherwise, so that 2,261
the property, or part thereof, is no longer required for highway 2,262
purposes, the director may sell, in the name of the state, MAY 2,263
SELL all the right, title, and interest of the state in any of 2,264
the real property. As soon as reasonably practical after 2,265
determining that any of the real property is no longer required 2,266
for highway purposes, the director shall have the parcel of land 2,267
appraised by a department prequalified appraiser. 2,268
Except as otherwise provided in this section, the director 2,270
shall advertise the sale in a newspaper of general circulation in 2,271
55
the county in which the land is situated for at least two 2,272
consecutive weeks prior to the date set for the sale. Such THE 2,273
land shall MAY be sold at public auction to the highest bidder 2,274
for not less than two-thirds of its appraised value, provided 2,275
that BUT THE DIRECTOR MAY REJECT ALL BIDS THAT ARE LESS THAN THE 2,276
FULL APPRAISED VALUE OF THE LAND. HOWEVER, if no sale has been 2,277
effected after an effort to sell under this paragraph, the 2,279
director may set aside the appraisement, order a new 2,280
appraisement, and, except as otherwise provided in this section, 2,281
readvertise the property for sale.
If, however, such land NOT REQUIRED FOR HIGHWAY PURPOSES is 2,283
appraised or reappraised as having a current fair market value of 2,285
five thousand dollars or less, the director may sell the land to 2,286
the sole abutting owner through a private sale at a price not 2,287
less than the appraised value. If there is more than one 2,288
abutting owner, the director may invite all of the abutting 2,289
owners to submit sealed bids and may sell the land to the highest 2,290
bidder at not less than its appraised value. 2,291
If such land is reappraised as having a fair market value 2,293
of one thousand dollars or less, and no sale has been effected 2,294
after an effort to sell to the abutting owner or owners, the 2,295
director may readvertise and sell the land at public auction to 2,296
the highest bidder. 2,297
Conveyances of the lands shall be by deed executed by the 2,299
governor, bear the great seal of the state of Ohio, and shall be 2,300
in the form as prescribed by the attorney general. Section 2,301
5301.13 of the Revised Code, relating to the sale of public 2,302
lands, shall not apply to conveyances made pursuant to this 2,303
section. The director shall keep a record of all such 2,304
conveyances. 2,305
Sec. 5501.37. In the event that circumstances alter the 2,314
highway requirements after the director of transportation has 2,315
purchased and acquired property from the commissioners of the 2,316
sinking fund, or otherwise, so that such THE property, or part 2,317
56
thereof, is no longer required for highway or recreation 2,318
purposes, the director may sell, in the name of the state, MAY 2,320
SELL all the right, title, and interest of the state in any such 2,321
THE real property. The director may convey property that is no 2,322
longer needed for highway purposes and rights-of-way and 2,323
easements in such property to the director of natural resources 2,324
or any political subdivisions for the use and protection of any 2,325
public recreational trail. As soon as reasonably practical after 2,326
determining that any such real property is no longer required for 2,327
highway or recreation purposes the director shall have the parcel 2,328
of land appraised by a department prequalified appraiser. 2,329
Except as otherwise provided in this section, the director 2,331
shall advertise such THE sale in a newspaper of general 2,332
circulation in the county in which the land is situated for at 2,334
least two consecutive weeks prior to the date set for such THE 2,335
sale. Such THE land shall MAY be sold at public auction to the 2,337
highest bidder for not less than two-thirds of its appraised
value, provided that BUT THE DIRECTOR MAY REJECT ALL BIDS THAT 2,338
ARE LESS THAN THE FULL APPRAISED VALUE OF THE LAND. HOWEVER, if 2,339
no sale has been effected after an effort to sell under this 2,340
paragraph, the director may set aside the appraisement, order a 2,341
new appraisement, and, except as otherwise provided in this 2,342
section, readvertise the property for sale. 2,343
If, however, such land NOT REQUIRED FOR HIGHWAY OR 2,345
RECREATION PURPOSES is appraised or reappraised as having a 2,347
current fair market value of five thousand dollars or less, the 2,348
director may sell the land to the sole abutting owner through a 2,349
private sale at a price not less than the appraised value. If 2,350
there is more than one abutting owner, the director may invite 2,351
all of the abutting owners to submit sealed bids and may sell the 2,352
land to the highest bidder at not less than its appraised value. 2,353
If such land is reappraised as having a fair market value 2,355
of one thousand dollars or less, and if no sale has been effected 2,356
after an effort to sell to the abutting owner or owners, the 2,357
57
director may readvertise and sell the land at public auction to 2,358
the highest bidder. 2,359
Conveyances of such land shall be by deed executed by the 2,361
governor, bear the great seal of the state of Ohio, and shall be 2,362
in the form as prescribed by the attorney general. The 2,363
provisions of section 5301.13 of the Revised Code, relating to 2,364
the sale of public lands, do not apply to conveyances made 2,365
pursuant to this section. The director shall keep a record of 2,366
all such conveyances. 2,367
Sec. 5502.12. The accident reports submitted pursuant to 2,377
section 5502.11 of the Revised Code shall be for the use of the 2,378
director of public safety for purposes of statistical, safety, 2,379
and other studies. The director of public safety shall search 2,380
and furnish a copy of such report to any person claiming an 2,381
interest arising out of a motor vehicle accident, or to his THE 2,382
PERSON'S attorney, upon the payment of a nonrefundable fee of two 2,383
THREE dollars. With respect to accidents investigated by the 2,384
state highway patrol, the director of public safety shall furnish 2,385
to such person all related reports and statements upon the 2,386
payment of a nonrefundable fee of three FOUR dollars. The cost 2,387
of photographs shall be in addition to the nonrefundable 2,389
three-dollar FOUR-DOLLAR fee. 2,390
Such state highway patrol reports, statements, and 2,392
photographs may, in the discretion of the director of public 2,393
safety, MAY be withheld until all criminal prosecution has been 2,394
concluded; and the director of public safety may require proof, 2,395
satisfactory to him THE DIRECTOR, of the right of any applicant 2,396
to be furnished such documents. 2,398
Sec. 5513.01. (A) All purchases of machinery, materials, 2,408
supplies, or other articles that the director of transportation 2,410
makes shall be in the manner provided in this section. In all 2,411
cases except those in which the director authorizes PROVIDES 2,412
WRITTEN AUTHORIZATION FOR purchases by district deputy directors 2,413
of transportation, all such purchases shall be made at the 2,414
58
CENTRAL office of the department of transportation in Columbus. 2,415
Before making any purchase at that office, the director, as 2,417
provided in this section, shall give notice to bidders of the 2,418
intention to purchase. Where the expenditure is DOES not more 2,419
than five hundred dollars EXCEED THE AMOUNT APPLICABLE TO THE 2,421
PURCHASE OF SUPPLIES SPECIFIED IN DIVISION (B) OF SECTION 125.05 2,422
OF THE REVISED CODE, AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT
SECTION, the director shall give such notice as the director 2,424
considers proper, or the director may make the purchase without 2,425
notice. Where the expenditure is more than five hundred dollars 2,426
EXCEEDS THE AMOUNT APPLICABLE TO THE PURCHASE OF SUPPLIES 2,427
SPECIFIED IN DIVISION (B) OF SECTION 125.05 OF THE REVISED CODE, 2,428
AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT SECTION, the 2,430
director shall give notice by posting for not less than ten days 2,431
a written, typed, or printed invitation to bidders on a bulletin 2,432
board, which shall be located in a place in the offices assigned 2,433
to the department and open to the public during business hours. 2,434
Producers or distributors of any product may notify the director, 2,435
in writing, of the class of articles for the furnishing of which 2,436
they desire to bid and their post-office addresses, in which case 2,437
copies of all invitations to bidders relating to the purchase of 2,438
such articles shall be mailed to such persons by the director by 2,439
regular first class mail at least ten days prior to the time 2,440
fixed for taking bids. The director also may mail copies of all 2,441
invitations to bidders to news agencies or other agencies or 2,442
organizations distributing information of this character. 2,443
Requests for invitations shall not be valid or NOR require action 2,444
by the director unless renewed, either annually or after such 2,445
shorter period as the director may prescribe by a general 2,446
regulation RULE. The invitation to bidders shall contain a brief 2,447
statement of the general character of the article that it is 2,448
intended to purchase, the approximate quantity desired, and a 2,449
statement of the time and place where bids will be received, and 2,450
may relate to and describe as many different articles as the 2,451
59
director thinks proper, it being the intent and purpose of this 2,452
section to authorize the inclusion in a single invitation of as 2,453
many different articles as the director desires to invite bids 2,454
upon at any given time. Invitations issued during each calendar 2,455
year shall be given consecutive numbers, and the number assigned 2,456
to each invitation shall appear on all copies thereof. In all 2,457
cases where notice is required by this section, sealed bids shall 2,458
be taken, on forms prescribed and furnished by the director, and 2,459
modification of bids after they have been opened shall not be 2,461
permitted.
(B) The director may permit any political subdivision and 2,464
any state university or college to participate in contracts into 2,465
which the director has entered for the purchase of machinery, 2,466
materials, supplies, or other articles. Any political 2,467
subdivision or state university or college desiring to 2,468
participate in such purchase contracts shall file with the 2,469
director a certified copy of the ordinance or resolution of its 2,470
legislative authority, board of trustees, or other governing 2,471
board requesting authorization to participate in such contracts 2,472
and agreeing to be bound by such terms and conditions as the 2,473
director prescribes. Purchases made by political subdivisions or 2,474
state universities or colleges under this division are exempt 2,475
from any competitive bidding required by law for the purchase of 2,476
machinery, materials, supplies, or other articles. 2,477
(C) As used in this section: 2,479
(1) "Political subdivision" means any county, township, 2,481
municipal corporation, conservancy district, township park 2,482
district, park district created under Chapter 1545. of the 2,483
Revised Code, port authority, regional transit authority, 2,484
regional airport authority, regional water and sewer district, or 2,485
county transit board.
(2) "State university or college" has the same meaning as 2,487
in division (A)(1) of section 3345.32 of the Revised Code. 2,488
(D) This is an interim section effective until March 4, 2,490
60
1998. 2,491
Sec. 5513.04. (A) The NOTWITHSTANDING SECTIONS 125.12, 2,501
125.13, AND 125.14 OF THE REVISED CODE, THE director of 2,502
transportation, after notice as provided in sections 5513.01 and 2,503
5513.02 of the Revised Code with respect to purchase, may sell 2,504
any STRUCTURE, machinery, tools, equipment, material, PARTS, 2,505
OFFICE FURNITURE, or supplies unfit for use or not required 2,506
NEEDED by the department of transportation. Prior THE DIRECTOR 2,508
MAY SELL OR TRANSFER ANY ITEM SPECIFIED IN THIS DIVISION TO ANY 2,509
AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE 2,510
WITHOUT NOTICE OF THE PROPOSED DISPOSAL AND UPON ANY MUTUALLY 2,511
AGREED UPON TERMS. THE DIRECTOR MAY EXCHANGE ANY SUCH ITEM, IN 2,512
THE MANNER PROVIDED FOR IN THIS CHAPTER, AND PAY THE BALANCE OF 2,513
THE COST OF SUCH NEW ITEM FROM ANY FUNDS APPROPRIATED TO THE 2,514
DEPARTMENT. THE DIRECTOR ALSO MAY ACCEPT A CREDIT VOUCHER IN AN 2,515
AMOUNT MUTUALLY AGREED UPON BETWEEN A VENDOR AND THE DEPARTMENT. 2,516
THE AMOUNT OF THE CREDIT VOUCHER SHALL BE APPLIED TO FUTURE 2,517
PURCHASES FROM THAT VENDOR. 2,518
(B) NOTWITHSTANDING SECTIONS 125.12, 125.13, AND 125.14 OF 2,521
THE REVISED CODE, THE DIRECTOR, AFTER NOTICE AS PROVIDED IN THIS 2,524
CHAPTER WITH RESPECT TO PURCHASE, MAY SELL ANY PASSENGER VEHICLE, 2,525
VAN, TRUCK, TRAILER, OR OTHER HEAVY EQUIPMENT UNFIT FOR USE OR 2,526
NOT REQUIRED BY THE DEPARTMENT. PRIOR to such sale, the director 2,528
shall notify each county, municipal corporation, township, and 2,529
school district of the sale. The director shall similarly notify 2,530
the board of trustees of any regional water and sewer district 2,531
established under Chapter 6119. of the Revised Code, when the 2,532
board has forwarded to him THE DIRECTOR the district's name and 2,533
current business address. For the purposes of this division, the 2,534
name and current business address of a regional water and sewer 2,535
district shall be forwarded to the director once each year during 2,536
any year in which the board wishes the notification to be given. 2,537
THE NOTICE REQUIRED BY THIS DIVISION MAY BE GIVEN BY THE MOST 2,539
ECONOMICAL MEANS CONSIDERED TO BE EFFECTIVE, INCLUDING, BUT NOT 2,540
61
LIMITED TO, REGULAR MAIL, ELECTRONIC MAIL, ELECTRONIC BULLETIN 2,541
BOARD, AND PUBLICATION IN A PERIODICAL OR NEWSPAPER. If after 2,542
fourteen SEVEN days following mailing OR OTHER ISSUANCE of the 2,543
director's notice, no county, municipal corporation, township, 2,544
regional water and sewer district, educational service center, or 2,546
school district has notified the director that it wishes to 2,548
purchase any such machinery, tools, equipment, material, VEHICLE 2,549
or supplies OTHER HEAVY EQUIPMENT, the director may proceed with 2,550
the sale UNDER DIVISION (D) OF THIS SECTION. The director may 2,553
exchange such machinery, tools, VEHICLES and OTHER HEAVY 2,554
equipment for new VEHICLES OR OTHER HEAVY equipment, in the
manner provided for in sections 5513.01 to 5513.04 of the Revised 2,555
Code, and pay the balance of the cost of such new VEHICLES OR 2,556
OTHER HEAVY equipment from the highway operating fund of FUNDS 2,557
APPROPRIATED TO the department. 2,558
The IN AN EMERGENCY SITUATION AS DETERMINED BY THE 2,560
DIRECTOR, THE director may transfer any machinery, tools, 2,561
equipment, materials, VEHICLES or supplies OTHER HEAVY EQUIPMENT 2,562
THAT IS unfit for use or not required NEEDED by the department to 2,564
counties, municipal corporations, ANY AGENCY OF THE STATE or 2,565
other governmental subdivisions POLITICAL SUBDIVISION OF THE 2,566
STATE without advertising for bids and upon such MUTUALLY AGREED 2,567
TO terms as the director may agree with the public authorities
empowered to arrange for the transfer. 2,568
(B)(C) The director may sell or otherwise dispose of any 2,571
structure or structural materials salvaged on the state highway 2,572
system that in his THE DIRECTOR'S judgment are no longer required 2,574
NEEDED by the department, or that, through wear or obsolescence, 2,575
have become unfit for use. The director may authorize the sale 2,576
of the structure or materials by the district deputy directors of 2,577
transportation, and proceedings of such sale shall be conducted 2,578
in the same manner as provided for sales by the director. 2,579
Sale of such structure or materials shall be made to the 2,581
highest responsible bidder and, before making any sale, the 2,582
62
director shall give notice of such sale by posting, for not less 2,583
than ten days, a written, typed, or printed invitation to bidders 2,584
on a bulletin board in the offices of the department. The 2,585
bulletin board shall be located in a place open to the public 2,586
during business hours. If, in the opinion of the director, the 2,587
structure or materials to be sold have a fair market value of two 2,588
hundred dollars or less, the director need not advertise the 2,589
proposed sale except by notice posted on the bulletin board in 2,590
the offices of the department. If the structure or materials to 2,591
be sold have a fair market value in excess of two hundred 2,592
dollars, then the director shall publish one notice of the sale 2,593
in a newspaper of general circulation in the county in which such 2,594
structure or materials are located, and notice shall be published 2,595
at least ten days before bids are to be received. The invitation 2,596
to bidders shall contain a brief description of the materials to 2,597
be sold and a statement of the time and place where bids will be 2,598
received. The director may, in the same invitation, receive bids 2,599
on the structure as a whole with alternate bids on each of the 2,600
separate parts or classes of materials making up the whole, and 2,601
may make such sale on whichever basis he determines is most 2,603
advantageous to the department. If, after invitations are 2,604
issued, it develops that any public authority has use for the 2,605
structure or materials, the director may reject all bids and 2,606
dispose of the structure or materials as set out in this section. 2,607
The director may transfer the structure or materials to 2,609
counties, municipal corporations, or other governmental 2,610
subdivisions without advertising for bids and upon such MUTUALLY 2,611
AGREED TO terms as he may agree with the public authorities 2,612
empowered to arrange for the transfer. The director may transfer 2,614
the structure or structures to a nonprofit corporation upon being 2,615
furnished a copy of a contract between the nonprofit corporation 2,616
and a county, municipal corporation, or other governmental 2,617
subdivision to which the structure is to be moved pursuant to 2,618
which the nonprofit corporation must make the structure or 2,619
63
structures available for rent or sale within a period of three 2,620
months after becoming available for occupancy to an individual or 2,621
family which has been displaced by governmental action or which 2,622
occupies substandard housing as certified by such governmental 2,623
subdivision, without advertising for bids. Any such transfers 2,624
shall be for such consideration as shall be determined by the 2,625
director to be fair and reasonable, and shall be upon such terms 2,626
and specifications with respect to performance and indemnity as 2,627
shall be determined necessary by the director. 2,628
(C) When, in carrying out an improvement that replaces any 2,630
structure or materials, it is advantageous to dispose of the 2,631
structure or materials by providing in the contract for the 2,632
improvement that the structure or materials, or any part thereof, 2,633
shall become the property of the contractor, the director may so 2,634
proceed. 2,635
(D)(1) ANY ITEM SPECIFIED IN DIVISION (A), (B), OR (C) OF 2,640
THIS SECTION THAT HAS AN ESTIMATED MARKET VALUE GREATER THAN ONE 2,641
THOUSAND DOLLARS AND THAT HAS NOT BEEN SOLD OR TRANSFERRED AS 2,642
PROVIDED IN THOSE DIVISIONS MAY BE SOLD AT PUBLIC SALE. THE 2,643
DIRECTOR MAY AUTHORIZE SUCH SALE BY THE DISTRICT DEPUTY DIRECTORS 2,644
OF TRANSPORTATION, AND THE PROCEEDINGS OF SUCH SALE SHALL BE 2,645
CONDUCTED IN THE SAME MANNER AS PROVIDED FOR SALES BY THE 2,646
DIRECTOR. 2,647
BEFORE MAKING ANY SALE UNDER DIVISION (D)(1) OF THIS 2,650
SECTION, THE DIRECTOR SHALL GIVE NOTICE OF THE SALE BY POSTING, 2,651
FOR NOT LESS THAN TEN DAYS, A WRITTEN, TYPED, OR PRINTED 2,652
INVITATION TO BIDDERS ON A TRADITIONAL OR ELECTRONIC BULLETIN 2,653
BOARD IN THE OFFICES OF THE DEPARTMENT. THE BULLETIN BOARD SHALL 2,654
BE LOCATED IN A PLACE OPEN TO THE PUBLIC DURING NORMAL BUSINESS 2,655
HOURS. AT LEAST TEN DAYS BEFORE BIDS ARE TO BE RECEIVED, THE 2,656
DIRECTOR ALSO SHALL PUBLISH ONE NOTICE OF THE SALE IN A 2,657
PERIODICAL OR NEWSPAPER OF GENERAL CIRCULATION IN THE REGION IN 2,658
WHICH THE ITEMS ARE LOCATED. THE INVITATION TO BIDDERS AND THE 2,659
PUBLISHED NOTICE OF THE SALE SHALL CONTAIN A BRIEF DESCRIPTION OF 2,660
64
THE ITEMS TO BE SOLD AND A STATEMENT OF THE TIME AND PLACE WHERE 2,661
BIDS WILL BE RECEIVED. THE DIRECTOR MAY RECEIVE BIDS AND MAKE 2,662
SUCH SALE ON ANY BASIS THE DIRECTOR DETERMINES IS MOST 2,663
ADVANTAGEOUS TO THE DEPARTMENT. A SALE UNDER DIVISION (D)(1) OF 2,665
THIS SECTION SHALL BE MADE TO THE HIGHEST RESPONSIBLE BIDDER. 2,666
IF, AFTER INVITATIONS ARE ISSUED, IT DEVELOPS THAT ANY PUBLIC 2,667
AUTHORITY HAS USE FOR ANY OF THE ITEMS, THE DIRECTOR MAY REJECT 2,668
ALL BIDS AND DISPOSE OF THE ITEMS AS SET OUT IN THIS SECTION. 2,669
(2) IF, IN THE OPINION OF THE DIRECTOR, ANY ITEM SPECIFIED 2,672
IN DIVISION (A), (B), OR (C) OF THIS SECTION HAS AN ESTIMATED 2,676
FAIR MARKET VALUE OF ONE THOUSAND DOLLARS OR LESS, THE DIRECTOR 2,677
IS NOT REQUIRED TO ADVERTISE THE PROPOSED SALE EXCEPT BY NOTICE 2,678
POSTED ON A TRADITIONAL OR ELECTRONIC BULLETIN BOARD IN ONE OR 2,679
MORE OFFICES OF THE DEPARTMENT. THE BULLETIN BOARD SHALL BE 2,680
LOCATED IN A PLACE OPEN TO THE PUBLIC DURING NORMAL BUSINESS 2,681
HOURS. THE NOTICE SHALL BE POSTED FOR AT LEAST FIVE WORKING DAYS 2,682
AND SHALL CONTAIN A BRIEF DESCRIPTION OF THE ITEMS TO BE SOLD AND 2,683
A STATEMENT OF THE TIME AND PLACE WHERE BIDS WILL BE RECEIVED. 2,684
THE DIRECTOR MAY RECEIVE BIDS AND MAKE SUCH SALE ON ANY BASIS THE 2,685
DIRECTOR DETERMINES IS MOST ADVANTAGEOUS TO THE DEPARTMENT. SALE 2,686
OF ANY ITEM USING THIS METHOD OF ADVERTISING SHALL BE MADE TO THE 2,687
HIGHEST RESPONSIBLE BIDDER. IF IT DEVELOPS THAT ANY PUBLIC 2,688
AUTHORITY HAS USE FOR ANY OF THE ITEMS, THE DIRECTOR MAY REJECT 2,689
ALL BIDS AND DISPOSE OF THE ITEMS AS SET OUT IN THIS SECTION. 2,690
(E) Proceeds of any sale described in this section shall 2,692
be paid into the state treasury to the credit of the state 2,693
highway operating fund OR ANY OTHER FUND OF THE DEPARTMENT AS 2,694
DETERMINED BY THE DIRECTOR. 2,695
(E)(F) As used in this section, "school district" means 2,698
any city school district, local school district, exempted village 2,699
school district, cooperative education school district, and joint 2,701
vocational school district, as defined in Chapter 3311. of the 2,702
Revised Code. Once each year, the state board of education shall 2,703
provide the director with a current list of the addresses of all 2,704
65
school districts and educational service centers in the state. 2,705
Sec. 5531.09. (A) The state infrastructure bank shall 2,714
consist of the highway and transit infrastructure bank fund, the 2,715
aviation infrastructure bank fund, the rail infrastructure bank 2,716
fund, and the infrastructure bank obligations fund, which are 2,717
hereby created as funds of the state treasury, to be administered 2,719
by the director of transportation and used for the purposes 2,720
described in division (B) of this section. The highway and 2,721
transit infrastructure bank fund, the aviation infrastructure 2,722
bank fund, and the rail infrastructure bank fund shall consist of 2,723
federal grants and awards or other assistance received by the 2,724
state and eligible for deposit therein under applicable federal 2,725
law, payments received by the department in connection with 2,726
providing financial assistance for qualifying projects under 2,727
division (B) of this section, and such other amounts as may be 2,728
provided by law, the. THE infrastructure bank obligations fund 2,729
shall consist of such amounts of the proceeds of obligations 2,731
issued under section 5531.10 of the Revised Code as the director 2,733
of transportation determines with the advice of the director of 2,734
budget and management; and such other amounts as may be provided 2,736
by law. The director of budget and management may, upon the 2,737
request of the director of transportation, MAY transfer amounts 2,738
between the funds created in this division, except the 2,740
infrastructure bank obligations fund. The investment earnings of 2,741
each fund created by this division shall be credited to such 2,742
fund.
(B) The director of transportation shall use the state 2,745
infrastructure bank to encourage public and private investment in 2,746
transportation facilities that contribute to the multi-modal and 2,747
intermodal transportation capabilities of the state, develop a 2,748
variety of financing techniques designed to expand the 2,749
availability of funding resources and to reduce direct state 2,750
costs, maximize private and local participation in financing 2,751
projects, and improve the efficiency of the state transportation 2,752
66
system by using and developing the particular advantages of each 2,753
transportation mode to the fullest extent. In furtherance of 2,754
these purposes, the director shall use the state infrastructure 2,755
bank to provide financial assistance to public or private 2,756
entities for qualified projects. Such assistance shall be in the 2,757
form of loans, loan guarantees, letters of credit, leases, 2,758
lease-purchase agreements, interest rate subsidies, debt service 2,760
reserves, and such other forms as the director determines to be 2,761
appropriate. All fees, charges, rates of interest, payment 2,762
schedules, security for, and other terms and conditions relating 2,763
to such assistance shall be determined by the director. The 2,764
highway and transit infrastructure bank fund, the aviation 2,765
infrastructure bank fund, and the rail infrastructure bank fund 2,766
may be used to pay debt service on obligations whose proceeds 2,767
have been deposited into the infrastructure bank obligations
fund.
(C) The director shall adopt rules establishing guidelines 2,770
necessary for the implementation and exercise of the authority 2,771
granted by this section, including rules for receiving, 2,772
reviewing, evaluating, and selecting projects for which financial 2,773
assistance may be approved. 2,774
(D) As used in this section and in section 5531.10 of the 2,777
Revised Code, "qualified project" means any public or private 2,779
transportation project as determined by the director of 2,780
transportation, including, without limitation, planning, 2,781
environmental impact studies, engineering, construction, 2,782
reconstruction, resurfacing, restoring, rehabilitation, or 2,784
replacement of public or private transportation facilities within 2,785
the state, studying the feasibility thereof, and the acquisition 2,786
of real or personal property or interests therein; any highway, 2,787
public transit, aviation, rail, or other transportation project 2,789
eligible for financing or aid under any federal or state program; 2,790
and any project involving the maintaining, repairing, improving, 2,791
or construction of any public or private highway, road, street, 2,792
67
parkway, public transit, aviation, or rail project, and any 2,794
related rights-of-way, bridges, tunnels, railroad-highway 2,795
crossings, drainage structures, signs, guardrails, or protective 2,796
structures.
(E) The general assembly finds that state infrastructure 2,798
projects, as defined in division (A)(8) of section 5531.10 of the 2,799
Revised Code, and the state infrastructure bank, will materially 2,800
contribute to the economic revitalization of areas of the state 2,801
and result in improving the economic welfare of all the people of 2,802
the state. Accordingly, it is declared to be the public purpose 2,803
of the state, through operations under sections 5531.09 and
5531.10 of the Revised Code, and other applicable laws adopted 2,804
pursuant to Section 13 of Article VIII, Ohio Constitution, and 2,805
other authority vested in the general assembly, to assist in and 2,806
facilitate the purposes set forth in division (B) of section 2,807
5531.10 of the Revised Code, and to assist and cooperate with any 2,808
governmental agency in achieving such purpose. 2,809
Sec. 5531.10. (A) As used in this chapter: 2,818
(1) "Bond proceedings" means the resolution, order, trust 2,820
agreement, indenture, lease, lease-purchase AGREEMENTS, and other 2,821
agreements, amendments and supplements to the foregoing, or any 2,823
one or more or combination thereof, authorizing or providing for 2,824
the terms and conditions applicable to, or providing for the 2,825
security or liquidity of, obligations issued pursuant to this 2,826
section, and the provisions contained in such obligations. 2,827
(2) "Bond service charges" means principal, including 2,829
mandatory sinking fund requirements for retirement of 2,830
obligations, and interest, and redemption premium, if any, 2,831
required to be paid by the state on obligations. 2,832
(3) "Bond service fund" means the applicable fund and 2,834
accounts therein created for and pledged to the payment of bond 2,835
service charges, which may be, or may be part of, the state 2,836
infrastructure bank revenue bond service fund created by division 2,837
(S) of this section including all moneys and investments, and 2,838
68
earnings from investments, credited and to be credited thereto. 2,839
(4) "Issuing authority" means the treasurer of state, or 2,841
the officer who by law performs the functions of the treasurer of 2,842
state.
(5) "Obligations" means bonds, notes, or other evidence of 2,844
obligation including interest coupons pertaining thereto, issued 2,845
pursuant to this section. 2,846
(6) "Pledged receipts" means moneys accruing to the state 2,849
from the lease, lease-purchase, sale, or other disposition, or 2,850
use, of qualified projects, and from the repayment, including 2,851
interest, of loans made from proceeds received from the sale of 2,852
obligations; accrued interest received from the sale of 2,853
obligations; income from the investment of the special funds; any 2,855
gifts, grants, donations, and pledges, and receipts therefrom, 2,856
available for the payment of bond service charges; and any
amounts in the state infrastructure bank pledged to the payment 2,857
of such charges.
(7) "Special funds" or "funds" means, except where the 2,859
context does not permit, the bond service fund, and any other 2,860
funds, including reserve funds, created under the bond 2,861
proceedings, and the state infrastructure bank revenue bond 2,862
service fund created by division (S) of this section to the 2,863
extent provided in the bond proceedings, including all moneys and 2,864
investments, and earnings from investment, credited and to be 2,865
credited thereto.
(8) "STATE INFRASTRUCTURE PROJECT" MEANS ANY PUBLIC 2,867
TRANSPORTATION PROJECT UNDERTAKEN BY THE STATE, INCLUDING, BUT 2,868
NOT LIMITED TO, ALL COMPONENTS OF ANY SUCH PROJECT, AS DESCRIBED 2,869
IN DIVISION (D) OF SECTION 5531.09 OF THE REVISED CODE. 2,870
(B) The issuing authority, with the advice of AFTER GIVING 2,872
WRITTEN NOTICE TO the director of budget and management and upon 2,873
the certification by the director of transportation to the 2,874
issuing authority of the amount of moneys or additional moneys 2,875
needed EITHER FOR STATE INFRASTRUCTURE PROJECTS OR to provide 2,876
69
financial assistance for any of the purposes for which the state 2,877
infrastructure bank may be used under section 5531.09 of the 2,878
Revised Code, or needed for capitalized interest, funding 2,880
reserves, and paying costs and expenses incurred in connection 2,881
with the issuance, carrying, securing, paying, redeeming, or 2,882
retirement of the obligations or any obligations refunded 2,883
thereby, including payment of costs and expenses relating to 2,884
letters of credit, lines of credit, insurance, put agreements, 2,885
standby purchase agreements, indexing, marketing, remarketing and 2,886
administrative arrangements, interest swap or hedging agreements, 2,887
and any other credit enhancement, liquidity, remarketing, 2,888
renewal, or refunding arrangements, all of which are authorized 2,889
by this section, shall issue obligations of the state under this 2,890
section in the required amount. The proceeds of such 2,891
obligations, except for the portion to be deposited in special 2,892
funds, including reserve funds, as may be provided in the bond 2,893
proceedings, shall as provided in the bond proceedings be 2,894
credited to the INFRASTRUCTURE BANK OBLIGATIONS FUND OF THE state 2,895
infrastructure bank created by section 5531.09 of the Revised 2,897
Code. The issuing authority may appoint trustees, paying agents, 2,898
transfer agents, and authenticating agents, and may retain the 2,899
services of financial advisors, accounting experts, and 2,900
attorneys, and retain or contract for the services of marketing, 2,901
remarketing, indexing, and administrative agents, other 2,902
consultants, and independent contractors, including printing 2,903
services, as are necessary in the issuing authority's judgment to 2,904
carry out this section. The costs of such services are payable 2,905
from FUNDS OF the state infrastructure bank. 2,906
(C) The holders or owners of such obligations shall have 2,908
no right to have moneys raised by taxation by the state of Ohio 2,910
obligated or pledged, and moneys so raised shall not be obligated 2,911
or pledged, for the payment of bond service charges. The right 2,912
of such holders and owners to payment of bond service charges is 2,913
limited to all or that portion of the pledged receipts and those 2,914
70
special funds pledged thereto pursuant to the bond proceedings 2,915
for such obligations in accordance with this section, and each 2,917
such obligation shall bear on its face a statement to that 2,918
effect.
(D) Obligations shall be authorized by order of the 2,921
issuing authority and the bond proceedings shall provide for the 2,922
purpose thereof and the principal amount or amounts, and shall 2,923
provide for or authorize the manner or agency for determining the 2,924
principal maturity or maturities, not exceeding twenty-five years 2,925
from the date of issuance, the interest rate or rates or the 2,926
maximum interest rate, the date of the obligations and the dates 2,927
of payment of interest thereon, their denomination, and the 2,928
establishment within or without the state of a place or places of 2,929
payment of bond service charges. Sections 9.98 to 9.983 of the 2,930
Revised Code are applicable to obligations issued under this 2,931
section. The purpose of such obligations may be stated in the 2,932
bond proceedings in terms describing the general purpose or 2,933
purposes to be served. The bond proceedings also shall provide, 2,934
subject to the provisions of any other applicable bond 2,935
proceedings, for the pledge of all, or such part as the issuing 2,936
authority, with the advice of the director of budget and 2,937
management and the director of transportation, may determine, of 2,938
the pledged receipts and the applicable special fund or funds to 2,939
the payment of bond service charges, which pledges may be made 2,940
either prior or subordinate to other expenses, claims, or 2,941
payments, and may be made to secure the obligations on a parity 2,942
with obligations theretofore or thereafter issued, if and to the 2,943
extent provided in the bond proceedings. The pledged receipts 2,944
and special funds so pledged and thereafter received by the state 2,945
are immediately subject to the lien of such pledge without any 2,946
physical delivery thereof or further act, and the lien of any 2,947
such pledges is valid and binding against all parties having 2,948
claims of any kind against the state or any governmental agency 2,949
of the state, irrespective of whether such parties have notice 2,950
71
thereof, and shall create a perfected security interest for all 2,951
purposes of Chapter 1309. of the Revised Code, without the
necessity for separation or delivery of funds or for the filing 2,952
or recording of the bond proceedings by which such pledge is 2,953
created or any certificate, statement or other document with 2,954
respect thereto; and the pledge of such pledged receipts and 2,955
special funds is effective and the money therefrom and thereof 2,956
may be applied to the purposes for which pledged without 2,957
necessity for any act of appropriation. Every pledge, and every 2,958
covenant and agreement made with respect thereto, made in the 2,959
bond proceedings may therein be extended to the benefit of the 2,960
owners and holders of obligations authorized by this section, and 2,961
to any trustee therefor, for the further security of the payment 2,962
of the bond service charges.
(E) The bond proceedings may contain additional provisions 2,964
as to: 2,965
(1) The redemption of obligations prior to maturity at the 2,967
option of the issuing authority at such price or prices and under 2,968
such terms and conditions as are provided in the bond 2,969
proceedings; 2,970
(2) Other terms of the obligations; 2,972
(3) Limitations on the issuance of additional obligations; 2,974
(4) The terms of any trust agreement or indenture securing 2,976
the obligations or under which the same may be issued; 2,977
(5) The deposit, investment and application of special 2,979
funds, and the safeguarding of moneys on hand or on deposit, 2,980
without regard to Chapter 131. or 135. of the Revised Code, but 2,981
subject to any special provisions of this chapter SECTION with 2,982
respect to particular funds or moneys, provided that any bank or 2,984
trust company which acts as depository of any moneys in the 2,985
special funds may furnish such indemnifying bonds or may pledge 2,986
such securities as required by the issuing authority; 2,987
(6) Any or every provision of the bond proceedings being 2,989
binding upon such officer, board, commission, authority, agency, 2,990
72
department, or other person or body as may from time to time have 2,991
the authority under law to take such actions as may be necessary 2,992
to perform all or any part of the duty required by such 2,993
provision; 2,994
(7) Any provision that may be made in a trust agreement or 2,996
indenture; 2,997
(8) Any other or additional agreements with the holders of 2,999
the obligations, or the trustee therefor, relating to the 3,000
obligations or the security therefor, including the assignment of 3,001
mortgages or other security relating to financial assistance for 3,003
qualified projects under section 5531.09 of the Revised Code. 3,004
(F) The obligations may have the great seal of the state 3,006
or a facsimile thereof affixed thereto or printed thereon. The 3,007
obligations and any coupons pertaining to obligations shall be 3,008
signed or bear the facsimile signature of the issuing authority. 3,009
Any obligations or coupons may be executed by the person who, on 3,010
the date of execution, is the proper issuing authority although 3,011
on the date of such bonds or coupons such person was not the 3,012
issuing authority. In case the issuing authority whose signature 3,013
or a facsimile of whose signature appears on any such obligation 3,014
or coupon ceases to be the issuing authority before delivery 3,015
thereof, such signature or facsimile is nevertheless valid and 3,016
sufficient for all purposes as if the former issuing authority 3,018
had remained the issuing authority until such delivery; and in 3,019
case the seal to be affixed to obligations has been changed after 3,020
a facsimile of the seal has been imprinted on such obligations, 3,021
such facsimile seal shall continue to be sufficient as to such 3,022
obligations and obligations issued in substitution or exchange 3,023
therefor.
(G) All obligations are negotiable instruments and 3,025
securities under Chapter 1308. of the Revised Code, subject to 3,026
the provisions of the bond proceedings as to registration. The 3,027
obligations may be issued in coupon or in registered form, or 3,028
both, as the issuing authority determines. Provision may be made 3,029
73
for the registration of any obligations with coupons attached 3,030
thereto as to principal alone or as to both principal and 3,031
interest, their exchange for obligations so registered, and for 3,032
the conversion or reconversion into obligations with coupons 3,033
attached thereto of any obligations registered as to both 3,034
principal and interest, and for reasonable charges for such 3,035
registration, exchange, conversion, and reconversion. 3,036
(H) Obligations may be sold at public sale or at private 3,038
sale, as determined in the bond proceedings. 3,039
(I) Pending preparation of definitive obligations, the 3,041
issuing authority may issue interim receipts or certificates 3,042
which shall be exchanged for such definitive obligations. 3,043
(J) In the discretion of the issuing authority, 3,045
obligations may be secured additionally by a trust agreement or 3,046
indenture between the issuing authority and a corporate trustee 3,047
which may be any trust company or bank having its principal place 3,048
of business within the state. Any such agreement or indenture 3,049
may contain the order authorizing the issuance of the 3,051
obligations, any provisions that may be contained in any bond
proceedings, and other provisions which are customary or 3,052
appropriate in an agreement or indenture of such type, including, 3,053
but not limited to: 3,054
(1) Maintenance of each pledge, trust agreement, 3,056
indenture, or other instrument comprising part of the bond 3,057
proceedings until the state has fully paid the bond service 3,058
charges on the obligations secured thereby, or provision therefor 3,059
has been made; 3,060
(2) In the event of default in any payments required to be 3,062
made by the bond proceedings, or any other agreement of the 3,063
issuing authority made as a part of the contract under which the 3,064
obligations were issued, enforcement of such payments or 3,065
agreement by mandamus, the appointment of a receiver, suit in 3,066
equity, action at law, or any combination of the foregoing; 3,067
(3) The rights and remedies of the holders of obligations 3,069
74
and of the trustee, and provisions for protecting and enforcing 3,070
them, including limitations on rights of individual holders of 3,071
obligations; 3,072
(4) The replacement of any obligations that become 3,074
mutilated or are destroyed, lost, or stolen; 3,075
(5) Such other provisions as the trustee and the issuing 3,077
authority agree upon, including limitations, conditions, or 3,078
qualifications relating to any of the foregoing. 3,079
(K) Any holder of obligations or a trustee under the bond 3,081
proceedings, except to the extent that the holder's or trustee's 3,083
rights are restricted by the bond proceedings, may by any 3,084
suitable form of legal proceedings, protect and enforce any 3,085
rights under the laws of this state or granted by such bond 3,086
proceedings. Such rights include the right to compel the 3,087
performance of all duties of the issuing authority and the 3,088
director of transportation required by the bond proceedings or 3,089
sections 5531.09 and 5531.10 of the Revised Code; to enjoin 3,090
unlawful activities; and in the event of default with respect to 3,092
the payment of any bond service charges on any obligations or in 3,093
the performance of any covenant or agreement on the part of the 3,094
issuing authority or the director of transportation in the bond 3,095
proceedings, to apply to a court having jurisdiction of the cause 3,096
to appoint a receiver to receive and administer the pledged 3,097
receipts and special funds, other than those in the custody of 3,098
the treasurer of state, which are pledged to the payment of the 3,099
bond service charges on such obligations or which are the subject 3,100
of the covenant or agreement, with full power to pay, and to 3,101
provide for payment of bond service charges on, such obligations, 3,102
and with such powers, subject to the direction of the court, as 3,103
are accorded receivers in general equity cases, excluding any 3,104
power to pledge additional revenues or receipts or other income 3,105
or moneys of the state or local governmental entities, or 3,107
agencies thereof, to the payment of such principal and interest 3,109
and excluding the power to take possession of, mortgage, or cause 3,110
75
the sale or otherwise dispose of any project facilities.
Each duty of the issuing authority and the issuing 3,112
authority's officers and employees, and of each state or local 3,113
governmental agency and its officers, members, or employees, 3,115
undertaken pursuant to the bond proceedings or any loan, loan 3,116
guarantee, lease, lease-purchase AGREEMENT, or other agreement 3,118
made under authority of section 5531.09 of the Revised Code, and 3,119
in every agreement by or with the issuing authority, is hereby 3,121
established as a duty of the issuing authority, and of each such 3,122
officer, member, or employee having authority to perform such 3,123
duty, specifically enjoined by the law resulting from an office, 3,124
trust, or station within the meaning of section 2731.01 of the 3,125
Revised Code.
The person who is at the time the issuing authority, or the 3,127
issuing authority's officers or employees, are not liable in 3,128
their personal capacities on any obligations issued by the 3,129
issuing authority or any agreements of or with the issuing 3,130
authority. 3,131
(L) The issuing authority may authorize and issue 3,133
obligations for the refunding, including funding and retirement, 3,134
and advance refunding with or without payment or redemption prior 3,135
to maturity, of any obligations previously issued by the issuing 3,136
authority. Such obligations may be issued in amounts sufficient 3,137
for payment of the principal amount of the prior obligations, any 3,138
redemption premiums thereon, principal maturities of any such 3,139
obligations maturing prior to the redemption of the remaining 3,140
obligations on a parity therewith, interest accrued or to accrue 3,141
to the maturity dates or dates of redemption of such obligations, 3,142
and any allowable costs including expenses incurred or to be 3,143
incurred in connection with such issuance and such refunding, 3,144
funding, and retirement. Subject to the bond proceedings 3,145
therefor, the portion of proceeds of the sale of obligations 3,146
issued under this division to be applied to bond service charges 3,147
on the prior obligations shall be credited to an appropriate 3,148
76
account held by the trustee for such prior or new obligations or 3,149
to the appropriate account in the bond service fund for such 3,150
obligations. Obligations authorized under this division shall be 3,151
deemed to be issued for those purposes for which such prior 3,152
obligations were issued and are subject to the provisions of this 3,153
section pertaining to other obligations, except as otherwise 3,154
provided in this section. The last maturity of obligations 3,156
authorized under this division shall not be later than 3,157
twenty-five years from the date of issuance of the original
securities issued for the original purpose. 3,158
(M) The authority to issue obligations under this section 3,160
includes authority to issue obligations in the form of bond 3,161
anticipation notes and to renew the same from time to time by the 3,162
issuance of new notes. The holders of such notes or interest 3,163
coupons pertaining thereto shall have a right to be paid solely 3,164
from the pledged receipts and special funds that may be pledged 3,165
to the payment of the bonds anticipated, or from the proceeds of 3,166
such bonds or renewal notes, or both, as the issuing authority 3,167
provides in the order authorizing such notes. Such notes may be 3,169
additionally secured by covenants of the issuing authority to the 3,170
effect that the issuing authority and the state will do such or 3,171
all things necessary for the issuance of such bonds or renewal 3,172
notes in appropriate amount, and apply the proceeds thereof to 3,173
the extent necessary, to make full payment of the principal of 3,174
and interest on such notes at the time or times contemplated, as 3,175
provided in such order. For such purpose, the issuing authority 3,176
may issue bonds or renewal notes in such principal amount and 3,177
upon such terms as may be necessary to provide funds to pay when 3,178
required the principal of and interest on such notes, 3,179
notwithstanding any limitations prescribed by or for purposes of 3,180
this section. Subject to this division, all provisions for and 3,181
references to obligations in this section are applicable to notes 3,182
authorized under this division. 3,183
The issuing authority in the bond proceedings authorizing 3,185
77
the issuance of bond anticipation notes shall set forth for such 3,186
bonds an estimated interest rate and a schedule of principal 3,187
payments for such bonds and the annual maturity dates thereof. 3,188
(N) Obligations issued under this section are lawful 3,190
investments for banks, societies for savings, savings and loan 3,191
associations, deposit guarantee associations, trust companies, 3,192
trustees, fiduciaries, insurance companies, including domestic 3,193
for life and domestic not for life, trustees or other officers 3,194
having charge of sinking and bond retirement or other special 3,195
funds of political subdivisions and taxing districts of this 3,196
state, the commissioners of the sinking fund of the state, the 3,197
administrator of workers' compensation IN ACCORDANCE WITH THE 3,198
INVESTMENT POLICY ESTABLISHED BY THE WORKERS' COMPENSATION 3,199
OVERSIGHT COMMISSION PURSUANT TO SECTION 4121.12 OF THE REVISED 3,200
CODE, the state teachers retirement system, the public employees 3,201
retirement system, the school employees retirement system, and 3,202
the police and firemen's disability and pension fund, 3,203
notwithstanding any other provisions of the Revised Code or rules 3,204
adopted pursuant thereto by any agency of the state with respect 3,205
to investments by them, and are also acceptable as security for 3,206
the deposit of public moneys. 3,207
(O) Unless otherwise provided in any applicable bond 3,209
proceedings, moneys to the credit of or in the special funds 3,210
established by or pursuant to this section may be invested by or 3,211
on behalf of the issuing authority only in notes, bonds, or other 3,212
obligations of the United States, or of any agency or 3,213
instrumentality of the United States, obligations guaranteed as 3,215
to principal and interest by the United States, obligations of 3,216
this state or any political subdivision of this state, and 3,217
certificates of deposit of any national bank located in this 3,218
state and any bank, as defined in section 1101.01 of the Revised 3,219
Code, subject to inspection by the superintendent of financial 3,220
institutions. If the law or the instrument creating a trust 3,222
pursuant to division (J) of this section expressly permits 3,223
78
investment in direct obligations of the United States or an 3,224
agency of the United States, unless expressly prohibited by the 3,225
instrument, such moneys also may be invested in no-front-end-load 3,226
money market mutual funds consisting exclusively of obligations 3,227
of the United States or an agency of the United States and in 3,229
repurchase agreements, including those issued by the fiduciary 3,230
itself, secured by obligations of the United States or an agency 3,231
of the United States; and in common trust funds established in 3,233
accordance with COLLECTIVE INVESTMENT FUNDS AS DEFINED IN 3,234
DIVISION (A) OF section 1109.20 1111.01 of the Revised Code and 3,235
consisting exclusively of any such securities, notwithstanding 3,237
division (A)(4) of that section. The income from such 3,238
investments shall be credited to such funds as the issuing 3,239
authority determines, and such investments may be sold at such 3,240
times as the issuing authority determines or authorizes. 3,241
(P) Provision may be made in the applicable bond 3,243
proceedings for the establishment of separate accounts in the 3,244
bond service fund and for the application of such accounts only 3,245
to the specified bond service charges on obligations pertinent to 3,246
such accounts and bond service fund and for other accounts 3,247
therein within the general purposes of such fund. Unless 3,248
otherwise provided in any applicable bond proceedings, moneys to 3,249
the credit of or in the several special funds established 3,250
pursuant to this section shall be disbursed on the order of the 3,251
treasurer of state, provided that no such order is required for 3,252
the payment from the bond service fund when due of bond service 3,253
charges on obligations. 3,254
(Q) The issuing authority may, with the advice of the 3,256
director of transportation and the director of budget and 3,257
management, pledge all, or such portion as the issuing authority 3,259
determines, of the pledged receipts to the payment of bond 3,260
service charges on obligations issued under this section, and for 3,261
the establishment and maintenance of any reserves, as provided in 3,262
the bond proceedings, and make other provisions therein with 3,263
79
respect to pledged receipts as authorized by this chapter, which 3,264
provisions are controlling notwithstanding any other provisions 3,265
of law pertaining thereto.
(R) There is hereby created the state infrastructure bank 3,267
revenue bond service fund, which shall be in the custody of the 3,268
treasurer of state but shall not be a part of the state treasury. 3,270
All moneys received by or on account of the issuing authority or 3,271
state agencies and required by the applicable bond proceedings, 3,272
consistent with this section, to be deposited, transferred, or 3,273
credited to the bond service fund, and all other moneys 3,274
transferred or allocated to or received for the purposes of the
fund, shall be deposited and credited to such fund and to any 3,275
separate accounts therein, subject to applicable provisions of 3,276
the bond proceedings, but without necessity for any act of 3,277
appropriation. The state infrastructure bank revenue bond 3,280
service fund is a trust fund and is hereby pledged to the payment 3,281
of bond service charges to the extent provided in the applicable 3,282
bond proceedings, and payment thereof from such fund shall be 3,283
made or provided for by the treasurer of state in accordance with 3,284
such bond proceedings without necessity for any act of 3,285
appropriation.
(S) THE OBLIGATIONS ISSUED PURSUANT TO THIS SECTION, THE 3,287
TRANSFER THEREOF, AND THE INCOME THEREFROM, INCLUDING ANY PROFIT 3,288
MADE ON THE SALE THEREOF, SHALL AT ALL TIMES BE FREE FROM 3,289
TAXATION WITHIN THIS STATE.
Sec. 5735.05. (A) To provide revenue for maintaining the 3,298
state highway system; to widen existing surfaces on such 3,299
highways; to resurface such highways; to pay that portion of the 3,300
construction cost of a highway project which a county, township, 3,301
or municipal corporation normally would be required to pay, but 3,302
which the director of transportation, pursuant to division (B) of 3,303
section 5531.08 of the Revised Code, determines instead will be 3,304
paid from moneys in the highway operating fund; to enable the 3,305
counties of the state properly to plan, maintain, and repair 3,306
80
their roads and to pay principal, interest, and charges on bonds 3,307
and other obligations issued pursuant to Chapter 133. of the 3,308
Revised Code for highway improvements; to enable the municipal 3,309
corporations to plan, construct, reconstruct, repave, widen, 3,310
maintain, repair, clear, and clean public highways, roads, and 3,311
streets, and to pay the principal, interest, and charges on bonds 3,312
and other obligations issued pursuant to Chapter 133. of the 3,313
Revised Code for highway improvements; to enable the Ohio 3,314
turnpike commission to construct, reconstruct, maintain, and 3,315
repair turnpike projects; to maintain and repair bridges and 3,316
viaducts; to purchase, erect, and maintain street and traffic 3,317
signs and markers; to purchase, erect, and maintain traffic 3,318
lights and signals; to pay the costs apportioned to the public 3,319
under sections 4907.47 and 4907.471 of the Revised Code and to 3,320
supplement revenue already available for such purposes; to pay 3,321
the costs incurred by the public utilities commission in 3,322
administering sections 4907.47 to 4907.476 of the Revised Code; 3,323
to distribute equitably among those persons using the privilege 3,324
of driving motor vehicles upon such highways and streets the cost 3,325
of maintaining and repairing them; to pay the interest, 3,326
principal, and charges on HIGHWAY CAPITAL IMPROVEMENTS bonds and 3,327
other obligations issued pursuant to Section 2g 2m of Article 3,329
VIII, Ohio Constitution, and sections 5528.10 and 5528.11 5528.51 3,331
TO 5528.56 of the Revised Code; to pay the interest, principal, 3,333
and charges on highway obligations issued pursuant to Section 2i 3,334
of Article VIII, Ohio Constitution, and sections 5528.30 and 3,335
5528.31 of the Revised Code; and to provide revenue for the 3,336
purposes of sections 1547.71 to 1547.78 of the Revised Code, a 3,337
motor fuel excise tax is hereby imposed on all motor fuel dealers 3,338
upon receipt of motor fuel within this state at the rate of two 3,339
cents plus the cents per gallon rate on each gallon so received, 3,340
to be computed in the manner set forth in section 5735.06 of the 3,343
Revised Code; provided that no tax is hereby imposed upon the 3,344
following transactions:
81
(1) The sale of dyed diesel fuel by a licensed motor fuel 3,347
dealer from a location other than a retail service station 3,348
provided the licensed motor fuel dealer places on the face of the 3,349
delivery document or invoice, or both if both are used, a 3,350
conspicuous notice stating that the fuel is dyed and is not for 3,351
taxable use, and that taxable use of that fuel is subject to a 3,352
penalty. The tax commissioner, by rule, may provide that any 3,353
notice conforming to rules or regulations issued by the United 3,354
States department of the treasury or the Internal Revenue Service 3,355
is sufficient notice for the purposes of division (A)(1) of this 3,356
section;
(2) The sale of K-1 (water clear) kerosene to a retail 3,358
service station, except when placed directly in the fuel supply 3,359
tank of a motor vehicle. Such sale shall be rebuttably presumed 3,360
to not be distributed or sold for use or used to generate power 3,361
for the operation of motor vehicles upon the public highways or 3,362
upon the waters within the boundaries of this state;. 3,363
(3) The sale of motor fuel by a licensed motor fuel dealer 3,366
to another licensed motor fuel dealer;
(4) The exportation of motor fuel by a licensed motor fuel 3,370
dealer from this state to any other state or foreign country; 3,372
(5) The sale of motor fuel to the United States government 3,376
or any of its agencies, except such tax as is permitted by it, 3,377
where such sale is evidenced by an exemption certificate, in form 3,378
approved by the tax commissioner, executed by the United States 3,379
government or an agency thereof certifying that the motor fuel 3,380
therein identified has been purchased for the exclusive use of 3,381
the United States government or its agency; 3,382
(6) The sale of motor fuel which is in the process of 3,386
transportation in foreign or interstate commerce, except in so
far as it may be taxable under the constitution CONSTITUTION and 3,388
statutes of the United States, and except as may be agreed upon 3,389
in writing by the dealer and the commissioner; 3,390
(7) The sale of motor fuel when sold exclusively for use 3,394
82
in the operation of aircraft, where such sale is evidenced by an 3,396
exemption certificate prescribed by the commissioner and executed 3,397
by the purchaser certifying that the motor fuel purchased has 3,398
been purchased for exclusive use in the operation of aircraft. 3,399
(8) The sale for exportation of motor fuel by a licensed 3,401
motor fuel dealer to a licensed exporter type A; 3,402
(9) The sale for exportation of motor fuel by a licensed 3,404
motor fuel dealer to a licensed exporter type B, provided that 3,405
the destination state motor fuel tax has been paid or will be 3,406
accrued and paid by the licensed motor fuel dealer. 3,407
Division (A)(1) of this section does not apply to the sale 3,410
or distribution of dyed diesel fuel used to operate a motor
vehicle on the public highways or upon water within the 3,411
boundaries of this state by persons permitted under regulations 3,412
of the United States department of the treasury or of the 3,414
Internal Revenue Service to so use dyed diesel fuel.
(B) The two cent motor fuel tax levied by this section is 3,417
also for the purpose of paying the expenses of administering and 3,418
enforcing the state law relating to the registration and 3,419
operation of motor vehicles. 3,420
After the tax provided for by this section on the receipt 3,422
of any motor fuel has been paid by the motor fuel dealer, the 3,425
motor fuel may thereafter be used, sold, or resold by any person 3,427
having lawful title to it, without incurring liability for such 3,428
tax.
If a licensed motor fuel dealer sells motor fuel received 3,431
by the licensed motor fuel dealer to another licensed motor fuel 3,434
dealer, the seller may deduct on the report required by section 3,436
5735.06 of the Revised Code the number of gallons so sold for the 3,437
month within which the motor fuel was sold or delivered. In this 3,438
event the number of gallons is deemed to have been received by 3,439
the purchaser, who shall report and pay the tax imposed thereon. 3,440
Sec. 5735.23. (A) Out of receipts from the tax levied by 3,449
section 5735.05 of the Revised Code, the treasurer of state shall 3,450
83
place to the credit of the tax refund fund established by section 3,451
5703.052 of the Revised Code amounts equal to the refunds 3,452
certified by the tax commissioner pursuant to sections 5735.13, 3,453
5735.14, 5735.141, 5735.142, 5735.16, and 5735.17 of the Revised 3,454
Code. The treasurer of state shall then transfer the amount 3,455
required by section 5735.051 of the Revised Code to the waterways 3,457
safety fund and the amount required by section 4907.472 of the 3,458
Revised Code to the grade crossing protection fund. 3,459
(B) Each EXCEPT AS PROVIDED IN DIVISION (D) OF THIS 3,461
SECTION, EACH month the balance of the receipts from the tax 3,462
levied by section 5735.05 of the Revised Code shall be credited, 3,463
after receipt by the treasurer of state of certifications 3,464
CERTIFICATION from the commissioners of the sinking fund 3,466
certifying, as required by sections 5528.15 and SECTION 5528.35 3,467
of the Revised Code, that there are sufficient moneys to the 3,469
credit of the highway improvement bond retirement fund to meet in 3,470
full all payments of interest, principal, and charges for the 3,471
retirement of bonds and other obligations issued pursuant to 3,472
Section 2g of Article VIII, Ohio Constitution, and sections 3,473
5528.10 and 5528.11 of the Revised Code due and payable during 3,474
the current calendar year, and that there are sufficient moneys 3,475
to the credit of the highway obligations bond retirement fund to 3,476
meet in full all payments of interest, principal, and charges for 3,477
the retirement of highway obligations issued pursuant to Section 3,478
2i of Article VIII, Ohio Constitution, and sections 5528.30 and 3,479
5528.31 of the Revised Code due and payable during the current 3,480
calendar year, as follows: 3,481
(1) To the state and local government highway distribution 3,483
fund, which is hereby created in the state treasury, an amount 3,484
that is the same percentage of the balance to be credited as that 3,485
portion of the tax per gallon determined under division (B)(2)(a) 3,486
of section 5735.06 of the Revised Code is of the total tax per 3,487
gallon determined under divisions (B)(2)(a) and (b) of that 3,488
section. 3,489
84
(2) After making the distribution to the state and local 3,491
government highway distribution fund, the remainder shall be 3,492
credited as follows: 3,493
(a) Thirty per cent to the gasoline excise tax fund for 3,495
distribution pursuant to division (A)(1) of section 5735.27 of 3,496
the Revised Code; 3,497
(b) Twenty-five per cent to the gasoline excise tax fund 3,499
for distribution pursuant to division (A)(3) of section 5735.27 3,500
of the Revised Code; 3,501
(c) Forty-five EXCEPT AS PROVIDED IN DIVISION (D) OF THIS 3,503
SECTION, FORTY-FIVE per cent to the highway operating fund for 3,504
distribution pursuant to division (B)(1) of section 5735.27 of 3,505
the Revised Code. 3,506
(C) From the balance in the state and local government 3,508
highway distribution fund on the last day of each month there 3,509
shall be paid the following amounts: 3,510
(1) To the local transportation improvement program fund 3,512
created by section 164.14 of the Revised Code, an amount equal to 3,513
a fraction of the balance in the state and local government 3,514
highway distribution fund, the numerator of which fraction is one 3,515
and the denominator of which fraction is that portion of the tax 3,516
per gallon determined under division (B)(2)(a) of section 5735.06 3,517
of the Revised Code; 3,518
(2) An amount equal to five cents multiplied by the number 3,520
of gallons of motor fuel sold at stations operated by the Ohio 3,522
turnpike commission, such gallonage to be certified by the
commission to the treasurer of state not later than the last day 3,523
of the month following. The funds paid to the commission 3,524
pursuant to this section shall be expended for the construction, 3,525
reconstruction, maintenance, and repair of turnpike projects, 3,526
except that the funds may not be expended for the construction of 3,527
new interchanges. The funds also may be expended for the 3,528
construction, reconstruction, maintenance, and repair of those 3,529
portions of connecting public roads that serve existing 3,530
85
interchanges and are determined by the commission and the 3,531
director of transportation to be necessary for the safe merging 3,532
of traffic between the turnpike and those public roads. 3,533
The remainder of the balance shall be distributed as 3,535
follows on the fifteenth day of the following month: 3,536
(a) Ten and seven-tenths per cent shall be paid to 3,538
municipal corporations for distribution pursuant to division 3,539
(A)(1) of section 5735.27 of the Revised Code and may be used for 3,540
any purpose for which payments received under that division may 3,541
be used. 3,542
(b) Five per cent shall be paid to townships for 3,544
distribution pursuant to division (A)(5) of section 5735.27 of 3,545
the Revised Code and may be used for any purpose for which 3,546
payments received under that division may be used. 3,547
(c) Nine and three-tenths per cent shall be paid to 3,549
counties for distribution pursuant to division (A)(3) of section 3,550
5735.27 of the Revised Code and may be used for any purpose for 3,551
which payments received under that division may be used. 3,552
(d) The EXCEPT AS PROVIDED IN DIVISION (D) OF THIS 3,554
SECTION, THE balance shall be transferred to the highway 3,555
operating fund and used for the purposes set forth in division 3,556
(B)(1) of section 5735.27 of the Revised Code. 3,557
(D) BEGINNING ON THE FIRST DAY OF JULY EACH YEAR AND 3,559
CONTINUING UNTIL SUCH TIME AS THE OFFICE OF BUDGET AND MANAGEMENT 3,560
RECEIVES CERTIFICATION FROM THE COMMISSIONERS OF THE SINKING FUND 3,561
PURSUANT TO DIVISION (B) OF SECTION 5528.56 OF THE REVISED CODE, 3,562
ANY AMOUNTS REQUIRED TO BE CREDITED OR TRANSFERRED TO THE HIGHWAY 3,563
OPERATING FUND PURSUANT TO DIVISION (B)(2)(c) OR (C)(2)(d) OF 3,564
THIS SECTION SHALL BE CREDITED OR TRANSFERRED TO THE HIGHWAY 3,565
CAPITAL IMPROVEMENTS BOND SERVICE FUND CREATED IN SECTION 5528.55 3,566
OF THE REVISED CODE.
Sec. 5735.29. To provide revenue for supplying the state's 3,575
share of the cost of constructing, widening, maintaining, and 3,576
reconstructing the state highways; to maintain and repair bridges 3,577
86
and viaducts; to purchase, erect, and maintain street and traffic 3,578
signs and markers; to purchase, erect, and maintain traffic 3,579
lights and signals; to pay the expense of administering and 3,580
enforcing the state law relative to the registration and 3,581
operation of motor vehicles; to pay the expense of administering 3,582
and enforcing the state law providing reimbursement to hospitals 3,583
for expenses incurred for the care of indigent persons injured in 3,584
motor vehicle accidents; TO PAY THE EXPENSE OF ADMINISTERING AND 3,585
ENFORCING THE ALCOHOL TESTING AND PERMIT PROGRAM AUTHORIZED BY 3,586
SECTION 3701.143 OF THE REVISED CODE; to make road improvements 3,587
associated with retaining or attracting business for this state, 3,588
to pay that portion of the construction cost of a highway project 3,589
which a county, township, or municipal corporation normally would 3,590
be required to pay, but which the director of transportation, 3,591
pursuant to division (B) of section 5531.08 of the Revised Code, 3,592
determines instead will be paid from moneys in the highway 3,593
operating fund; to provide revenue for the purposes of sections 3,594
1547.71 to 1547.78 of the Revised Code; and to supplement revenue 3,595
already available for such purposes, to pay the expenses of the 3,596
department of taxation incident to the administration of the 3,597
motor fuel laws, to supplement revenue already available for such 3,598
purposes; and to pay the interest, principal, and charges on 3,599
highway obligations issued pursuant to Section 2i of Article 3,600
VIII, Ohio Constitution, and sections 5528.30 and 5528.31 of the 3,601
Revised Code, a motor fuel excise tax is hereby imposed on all 3,603
motor fuel dealers upon their receipt of motor fuel within the 3,604
state at the rate of two cents on each gallon so received. This 3,605
tax is subject to the specific exemptions set forth in this 3,606
chapter of the Revised Code. It shall be reported, computed, 3,607
paid, collected, administered, enforced, and refunded, and the 3,608
failure properly and correctly to report and pay the tax shall be 3,609
penalized, in exactly the same manner as is provided in this 3,610
chapter. Such sections relating to motor fuel excise taxes are 3,611
reenacted and incorporated as if specifically set forth in this 3,612
87
section. The tax levied by this section is in addition to any 3,613
other taxes imposed under this chapter. 3,614
Section 2. That existing sections 121.05, 121.08, 3,617
3701.143, 3701.66, 3701.83, 4501.03, 4501.14, 4501.15, 4501.19, 3,618
4501.20, 4501.22, 4503.102, 4503.51, 4503.52, 4503.55, 4503.56, 3,619
4505.111, 4511.191, 4511.951, 4981.09, 4981.34, 5501.32, 5501.34, 3,620
5501.37, 5502.12, 5513.01, 5513.04, 5531.09, 5531.10, 5735.05, 3,621
5735.23, and 5735.29 and sections 4501.21, 4501.23, 4981.151, and 3,622
4981.152 of the Revised Code are hereby repealed. 3,623
Section 3. That the version of section 4511.191 of the 3,625
Revised Code that is to be effective May 15, 1997, be amended to 3,626
read as follows:
Sec. 4511.191. (A) Any person who operates a vehicle upon 3,636
a highway or any public or private property used by the public 3,637
for vehicular travel or parking within this state shall be deemed 3,638
to have given consent to a chemical test or tests of the person's 3,640
blood, breath, or urine for the purpose of determining the 3,641
alcohol, drug, or alcohol and drug content of the person's blood, 3,642
breath, or urine if arrested for operating a vehicle while under 3,644
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,645
of abuse or for operating a vehicle with a prohibited 3,646
concentration of alcohol in the blood, breath, or urine. The 3,647
chemical test or tests shall be administered at the request of a 3,648
police officer having reasonable grounds to believe the person to 3,649
have been operating a vehicle upon a highway or any public or 3,650
private property used by the public for vehicular travel or 3,651
parking in this state while under the influence of alcohol, a 3,652
drug of abuse, or alcohol and a drug of abuse or with a 3,653
prohibited concentration of alcohol in the blood, breath, or 3,654
urine. The law enforcement agency by which the officer is 3,655
employed shall designate which of the tests shall be
administered. 3,656
(B) Any person who is dead or unconscious, or who is 3,658
otherwise in a condition rendering the person incapable of 3,659
88
refusal, shall be deemed not to have withdrawn consent as 3,661
provided by division (A) of this section and the test or tests 3,662
may be administered, subject to sections 313.12 to 313.16 of the 3,663
Revised Code. 3,664
(C)(1) Any person under arrest for operating a vehicle 3,666
while under the influence of alcohol, a drug of abuse, or alcohol 3,667
and a drug of abuse or for operating a vehicle with a prohibited 3,668
concentration of alcohol in the blood, breath, or urine shall be 3,669
advised at a police station, or at a hospital, first-aid station, 3,670
or clinic to which the person has been taken for first-aid or 3,671
medical treatment, of both of the following: 3,672
(a) The consequences, as specified in division (E) of this 3,674
section, of the person's refusal to submit upon request to a 3,675
chemical test designated by the law enforcement agency as 3,677
provided in division (A) of this section; 3,678
(b) The consequences, as specified in division (F) of this 3,680
section, of the person's submission to the designated chemical 3,682
test if the person is found to have a prohibited concentration of 3,683
alcohol in the blood, breath, or urine. 3,684
(2)(a) The advice given pursuant to division (C)(1) of 3,686
this section shall be in a written form containing the 3,687
information described in division (C)(2)(b) of this section and 3,688
shall be read to the person. The form shall contain a statement 3,689
that the form was shown to the person under arrest and read to 3,690
the person in the presence of the arresting officer and either 3,692
another police officer, a civilian police employee, or an 3,693
employee of a hospital, first-aid station, or clinic, if any, to 3,694
which the person has been taken for first-aid or medical 3,695
treatment. The witnesses shall certify to this fact by signing 3,696
the form.
(b) The form required by division (C)(2)(a) of this 3,698
section shall read as follows: 3,699
"You now are under arrest for operating a vehicle while 3,701
under the influence of alcohol, a drug of abuse, or both alcohol 3,702
89
and a drug of abuse and will be requested by a police officer to 3,703
submit to a chemical test to determine the concentration of 3,704
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 3,705
blood, breath, or urine. 3,706
If you refuse to submit to the requested test or if you 3,708
submit to the requested test and are found to have a prohibited 3,709
concentration of alcohol in your blood, breath, or urine, your 3,710
driver's or commercial driver's license or permit or nonresident 3,711
operating privilege immediately will be suspended for the period 3,712
of time specified by law by the officer, on behalf of the 3,713
registrar of motor vehicles. You may appeal this suspension at 3,714
your initial appearance before the court that hears the charges 3,715
against you resulting from the arrest, and your initial 3,716
appearance will be conducted no later than five days after the 3,717
arrest. This suspension is independent of the penalties for the 3,718
offense, and you may be subject to other penalties upon 3,719
conviction." 3,720
(D)(1) If a person under arrest as described in division 3,722
(C)(1) of this section is not asked by a police officer to submit 3,723
to a chemical test designated as provided in division (A) of this 3,724
section, the arresting officer shall seize the Ohio or 3,725
out-of-state driver's or commercial driver's license or permit of 3,726
the person and immediately forward the seized license or permit 3,727
to the court in which the arrested person is to appear on the 3,728
charge for which the person was arrested. If the arrested person 3,729
does not have the person's driver's or commercial driver's 3,730
license or permit on his or her person or in his or her vehicle, 3,731
the arresting officer shall order the arrested person to 3,732
surrender it to the law enforcement agency that employs the 3,734
officer within twenty-four hours after the arrest, and, upon the 3,735
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 3,737
person is to appear on the charge for which the person was 3,738
arrested. Upon receipt of the license or permit, the court shall 3,740
90
retain it pending the initial appearance of the arrested person 3,741
and any action taken under section 4511.196 of the Revised Code. 3,742
If a person under arrest as described in division (C)(1) of 3,744
this section is asked by a police officer to submit to a chemical 3,745
test designated as provided in division (A) of this section and 3,746
is advised of the consequences of the person's refusal or 3,747
submission as provided in division (C) of this section and if the 3,748
person either refuses to submit to the designated chemical test 3,749
or the person submits to the designated chemical test and the 3,750
test results indicate that the person's blood contained a 3,751
concentration of ten-hundredths of one per cent or more by weight 3,752
of alcohol, the person's breath contained a concentration of 3,753
ten-hundredths of one gram or more by weight of alcohol per two 3,754
hundred ten liters of the person's breath, or the person's urine 3,755
contained a concentration of fourteen-hundredths of one gram or 3,757
more by weight of alcohol per one hundred milliliters of the 3,758
person's urine at the time of the alleged offense, the arresting 3,760
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 3,762
suspension upon the person that advises the person that, 3,763
independent of any penalties or sanctions imposed upon the person 3,765
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 3,767
license or permit or nonresident operating privilege is 3,768
suspended, that the suspension takes effect immediately, that the 3,769
suspension will last at least until the person's initial 3,770
appearance on the charge that will be held within five days after 3,772
the date of the person's arrest or the issuance of a citation to 3,774
the person, and that the person may appeal the suspension at the 3,776
initial appearance; seize the Ohio or out-of-state driver's or 3,777
commercial driver's license or permit of the person; and 3,778
immediately forward the seized license or permit to the 3,779
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on his or her 3,780
91
person or in his or her vehicle, the arresting officer shall 3,781
order the person to surrender it to the law enforcement agency 3,782
that employs the officer within twenty-four hours after the 3,783
service of the notice of suspension, and, upon the surrender, the 3,784
officer's employing agency immediately shall forward the license 3,785
or permit to the registrar. 3,786
(b) Verify the current residence of the person and, if it 3,788
differs from that on the person's driver's or commercial driver's 3,789
license or permit, notify the registrar of the change; 3,790
(c) In addition to forwarding the arrested person's 3,792
driver's or commercial driver's license or permit to the 3,793
registrar, send to the registrar, within forty-eight hours after 3,794
the arrest of the person, a sworn report that includes all of the 3,795
following statements: 3,796
(i) That the officer had reasonable grounds to believe 3,798
that, at the time of the arrest, the arrested person was 3,799
operating a vehicle upon a highway or public or private property 3,800
used by the public for vehicular travel or parking within this 3,801
state while under the influence of alcohol, a drug of abuse, or 3,802
alcohol and a drug of abuse or with a prohibited concentration of 3,803
alcohol in the blood, breath, or urine; 3,804
(ii) That the person was arrested and charged with 3,806
operating a vehicle while under the influence of alcohol, a drug 3,807
of abuse, or alcohol and a drug of abuse or with operating a 3,808
vehicle with a prohibited concentration of alcohol in the blood, 3,809
breath, or urine; 3,810
(iii) That the officer asked the person to take the 3,812
designated chemical test, advised the person of the consequences 3,813
of submitting to the chemical test or refusing to take the 3,814
chemical test, and gave the person the form described in division 3,815
(C)(2) of this section; 3,816
(iv) That the person refused to submit to the chemical 3,818
test or that the person submitted to the chemical test and the 3,819
test results indicate that the person's blood contained a 3,820
92
concentration of ten-hundredths of one per cent or more by weight 3,822
of alcohol, the person's breath contained a concentration of 3,823
ten-hundredths of one gram or more by weight of alcohol per two 3,824
hundred ten liters of the person's breath, or the person's urine 3,825
contained a concentration of fourteen-hundredths of one gram or 3,827
more by weight of alcohol per one hundred milliliters of the 3,828
person's urine at the time of the alleged offense; 3,830
(v) That the officer served a notice of suspension upon 3,832
the person as described in division (D)(1)(a) of this section. 3,833
(2) The sworn report of an arresting officer completed 3,835
under division (D)(1)(c) of this section shall be given by the 3,836
officer to the arrested person at the time of the arrest or sent 3,837
to the person by regular first class mail by the registrar as 3,838
soon thereafter as possible, but no later than fourteen days 3,839
after receipt of the report. An arresting officer may give an 3,840
unsworn report to the arrested person at the time of the arrest 3,841
provided the report is complete when given to the arrested person 3,842
and subsequently is sworn to by the arresting officer. As soon 3,843
as possible, but no later than forty-eight hours after the arrest 3,844
of the person, the arresting officer shall send a copy of the 3,845
sworn report to the court in which the arrested person is to 3,846
appear on the charge for which the person was arrested. 3,847
(3) The sworn report of an arresting officer completed and 3,849
sent to the registrar and the court under divisions (D)(1)(c) and 3,850
(D)(2) of this section is prima-facie proof of the information 3,851
and statements that it contains and shall be admitted and 3,852
considered as prima-facie proof of the information and statements 3,853
that it contains in any appeal under division (H) of this section 3,854
relative to any suspension of a person's driver's or commercial 3,855
driver's license or permit or nonresident operating privilege 3,856
that results from the arrest covered by the report. 3,857
(E)(1) Upon receipt of the sworn report of an arresting 3,859
officer completed and sent to the registrar and a court pursuant 3,860
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 3,861
93
person who refused to take the designated chemical test, the 3,862
registrar shall enter into the registrar's records the fact that 3,864
the person's driver's or commercial driver's license or permit or 3,865
nonresident operating privilege was suspended by the arresting 3,866
officer under division (D)(1)(a) of this section and the period 3,867
of the suspension, as determined under divisions (E)(1)(a) to (d) 3,868
of this section. The suspension shall be subject to appeal as 3,869
provided in this section and shall be for whichever of the 3,870
following periods applies: 3,871
(a) If the arrested person, within five years of the date 3,873
on which the person refused the request to consent to the 3,874
chemical test, had not refused a previous request to consent to a 3,876
chemical test of the person's blood, breath, or urine to 3,877
determine its alcohol content, the period of suspension shall be 3,879
one year. If the person is a resident without a license or 3,880
permit to operate a vehicle within this state, the registrar 3,881
shall deny to the person the issuance of a driver's or commercial 3,882
driver's license or permit for a period of one year after the 3,883
date of the alleged violation.
(b) If the arrested person, within five years of the date 3,885
on which the person refused the request to consent to the 3,886
chemical test, had refused one previous request to consent to a 3,888
chemical test of the person's blood, breath, or urine to 3,889
determine its alcohol content, the period of suspension or denial 3,891
shall be two years.
(c) If the arrested person, within five years of the date 3,893
on which the person refused the request to consent to the 3,894
chemical test, had refused two previous requests to consent to a 3,896
chemical test of the person's blood, breath, or urine to 3,897
determine its alcohol content, the period of suspension or denial 3,899
shall be three years.
(d) If the arrested person, within five years of the date 3,901
on which the person refused the request to consent to the 3,902
chemical test, had refused three or more previous requests to 3,904
94
consent to a chemical test of the person's blood, breath, or 3,905
urine to determine its alcohol content, the period of suspension 3,907
or denial shall be five years. 3,908
(2) The suspension or denial imposed under division (E)(1) 3,910
of this section shall continue for the entire one-year, two-year, 3,911
three-year, or five-year period, subject to appeal as provided in 3,912
this section and subject to termination as provided in division 3,913
(K) of this section. 3,914
(F) Upon receipt of the sworn report of an arresting 3,916
officer completed and sent to the registrar and a court pursuant 3,917
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 3,918
person whose test results indicate that the person's blood 3,919
contained a concentration of ten-hundredths of one per cent or 3,921
more by weight of alcohol, the person's breath contained a 3,922
concentration of ten-hundredths of one gram or more by weight of 3,923
alcohol per two hundred ten liters of the person's breath, or the 3,925
person's urine contained a concentration of fourteen-hundredths 3,926
of one gram or more by weight of alcohol per one hundred 3,927
milliliters of the person's urine at the time of the alleged 3,928
offense, the registrar shall enter into the registrar's records 3,929
the fact that the person's driver's or commercial driver's 3,931
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 3,932
this section and the period of the suspension, as determined 3,933
under divisions (F)(1) to (4) of this section. The suspension 3,934
shall be subject to appeal as provided in this section and shall 3,935
be for whichever of the following periods that applies: 3,936
(1) Except when division (F)(2), (3), or (4) of this 3,938
section applies and specifies a different period of suspension or 3,939
denial, the period of the suspension or denial shall be ninety 3,940
days.
(2) If the person has been convicted, within ten years of 3,942
the date the test was conducted, of one violation of division (A) 3,944
or (B) of section 4511.19 of the Revised Code, a municipal 3,945
95
ordinance relating to operating a vehicle while under the 3,946
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,947
abuse, a municipal ordinance relating to operating a vehicle with 3,948
a prohibited concentration of alcohol in the blood, breath, or 3,949
urine, section 2903.04 of the Revised Code in a case in which the 3,950
offender was subject to the sanctions described in division (D) 3,951
of that section, or section 2903.06, 2903.07, or 2903.08 of the 3,952
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 3,953
the jury or judge found that at the time of the commission of the 3,954
offense the offender was under the influence of alcohol, a drug 3,955
of abuse, or alcohol and a drug of abuse, or a statute of any 3,956
other state or a municipal ordinance of a municipal corporation 3,957
located in any other state that is substantially similar to 3,958
division (A) or (B) of section 4511.19 of the Revised Code, the 3,959
period of the suspension or denial shall be one year. 3,960
(3) If the person has been convicted, within ten years of 3,962
the date the test was conducted, of two violations of a statute 3,963
or ordinance described in division (F)(2) of this section, the 3,965
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within ten years of 3,967
the date the test was conducted, of more than two violations of a 3,968
statute or ordinance described in division (F)(2) of this 3,969
section, the period of the suspension or denial shall be three 3,970
years. 3,971
(G)(1) A suspension of a person's driver's or commercial 3,973
driver's license or permit or nonresident operating privilege 3,974
under division (D)(1)(a) of this section for the period of time 3,975
described in division (E) or (F) of this section is effective 3,976
immediately from the time at which the arresting officer serves 3,977
the notice of suspension upon the arrested person. Any 3,978
subsequent finding that the person is not guilty of the charge 3,979
that resulted in the person being requested to take, or in the 3,981
person taking, the chemical test or tests under division (A) of 3,982
96
this section affects the suspension only as described in division 3,983
(H)(2) of this section. 3,984
(2) If a person is arrested for operating a vehicle while 3,986
under the influence of alcohol, a drug of abuse, or alcohol and a 3,987
drug of abuse or for operating a vehicle with a prohibited 3,988
concentration of alcohol in the blood, breath, or urine and 3,989
regardless of whether the person's driver's or commercial 3,990
driver's license or permit or nonresident operating privilege is 3,991
or is not suspended under division (E) or (F) of this section, 3,992
the person's initial appearance on the charge resulting from the 3,993
arrest shall be held within five days of the person's arrest or 3,994
the issuance of the citation to the person, subject to any 3,995
continuance granted by the court pursuant to division (H)(1) of 3,997
this section regarding the issues specified in that division. 3,998
(H)(1) If a person is arrested for operating a vehicle 4,000
while under the influence of alcohol, a drug of abuse, or alcohol 4,001
and a drug of abuse or for operating a vehicle with a prohibited 4,002
concentration of alcohol in the blood, breath, or urine and if 4,003
the person's driver's or commercial driver's license or permit or 4,004
nonresident operating privilege is suspended under division (E) 4,005
or (F) of this section, the person may appeal the suspension at 4,006
the person's initial appearance on the charge resulting from the 4,009
arrest in the court in which the person will appear on that 4,010
charge. If the person appeals the suspension at the person's 4,011
initial appearance, the appeal does not stay the operation of the 4,012
suspension. Subject to division (H)(2) of this section, no court 4,013
has jurisdiction to grant a stay of a suspension imposed under 4,014
division (E) or (F) of this section, and any order issued by any 4,015
court that purports to grant a stay of any suspension imposed 4,016
under either of those divisions shall not be given administrative 4,017
effect.
If the person appeals the suspension at the person's 4,019
initial appearance, either the person or the registrar may 4,020
request a continuance of the appeal. Either the person or the 4,022
97
registrar shall make the request for a continuance of the appeal 4,023
at the same time as the making of the appeal. If either the 4,024
person or the registrar requests a continuance of the appeal, the 4,025
court may grant the continuance. The court also may continue the 4,026
appeal on its own motion. The granting of a continuance applies 4,027
only to the conduct of the appeal of the suspension and does not 4,028
extend the time within which the initial appearance must be 4,029
conducted, and the court shall proceed with all other aspects of 4,030
the initial appearance in accordance with its normal procedures. 4,031
Neither the request for nor the granting of a continuance stays 4,032
the operation of the suspension that is the subject of the 4,033
appeal.
If the person appeals the suspension at the person's 4,035
initial appearance, the scope of the appeal is limited to 4,036
determining whether one or more of the following conditions have 4,037
not been met: 4,038
(a) Whether the law enforcement officer had reasonable 4,040
ground to believe the arrested person was operating a vehicle 4,041
upon a highway or public or private property used by the public 4,042
for vehicular travel or parking within this state while under the 4,043
influence of alcohol, a drug of abuse, or alcohol and a drug of 4,044
abuse or with a prohibited concentration of alcohol in the blood, 4,045
breath, or urine and whether the arrested person was in fact 4,046
placed under arrest; 4,047
(b) Whether the law enforcement officer requested the 4,049
arrested person to submit to the chemical test designated 4,050
pursuant to division (A) of this section; 4,051
(c) Whether the arresting officer informed the arrested 4,053
person of the consequences of refusing to be tested or of 4,054
submitting to the test; 4,055
(d) Whichever of the following is applicable: 4,057
(i) Whether the arrested person refused to submit to the 4,059
chemical test requested by the officer; 4,060
(ii) Whether the chemical test results indicate that the 4,062
98
arrested person's blood contained a concentration of 4,063
ten-hundredths of one per cent or more by weight of alcohol, the 4,065
person's breath contained a concentration of ten-hundredths of 4,067
one gram or more by weight of alcohol per two hundred ten liters 4,068
of the person's breath, or the person's urine contained a 4,069
concentration of fourteen-hundredths of one gram or more by 4,071
weight of alcohol per one hundred milliliters of the person's 4,072
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 4,074
appearance, the judge or referee of the court or the mayor of the 4,075
mayor's court shall determine whether one or more of the 4,076
conditions specified in divisions (H)(1)(a) to (d) of this 4,077
section have not been met. The person who appeals the suspension 4,078
has the burden of proving, by a preponderance of the evidence, 4,079
that one or more of the specified conditions has not been met. 4,080
If during the appeal at the initial appearance the judge or 4,081
referee of the court or the mayor of the mayor's court determines 4,082
that all of those conditions have been met, the judge, referee, 4,083
or mayor shall uphold the suspension, shall continue the 4,084
suspension, and shall notify the registrar of the decision on a 4,085
form approved by the registrar. Except as otherwise provided in 4,086
division (H)(2) of this section, if the suspension is upheld or 4,087
if the person does not appeal the suspension at the person's 4,088
initial appearance under division (H)(1) of this section, the 4,089
suspension shall continue until the complaint alleging the 4,090
violation for which the person was arrested and in relation to 4,091
which the suspension was imposed is adjudicated on the merits by 4,092
the judge or referee of the trial court or by the mayor of the 4,093
mayor's court. If the suspension was imposed under division (E) 4,094
of this section and it is continued under this division, any 4,095
subsequent finding that the person is not guilty of the charge 4,096
that resulted in the person being requested to take the chemical 4,097
test or tests under division (A) of this section does not 4,098
terminate or otherwise affect the suspension. If the suspension 4,099
99
was imposed under division (F) of this section and it is 4,100
continued under this division, the suspension shall terminate if, 4,101
for any reason, the person subsequently is found not guilty of 4,102
the charge that resulted in the person taking the chemical test 4,103
or tests under division (A) of this section. 4,104
If, during the appeal at the initial appearance, the judge 4,106
or referee of the trial court or the mayor of the mayor's court 4,107
determines that one or more of the conditions specified in 4,108
divisions (H)(1)(a) to (d) of this section have not been met, the 4,109
judge, referee, or mayor shall terminate the suspension, subject 4,110
to the imposition of a new suspension under division (B) of 4,111
section 4511.196 of the Revised Code; shall notify the registrar 4,112
of the decision on a form approved by the registrar; and, except 4,113
as provided in division (B) of section 4511.196 of the Revised 4,115
Code, shall order the registrar to return the driver's or 4,116
commercial driver's license or permit to the person or to take 4,117
such measures as may be necessary, if the license or permit was 4,118
destroyed under section 4507.55 of the Revised Code, to permit 4,119
the person to obtain a replacement driver's or commercial 4,120
driver's license or permit from the registrar or a deputy 4,121
registrar in accordance with that section. The court also shall 4,122
issue to the person a court order, valid for not more than ten 4,123
days from the date of issuance, granting the person operating 4,124
privileges for that period of time.
If the person appeals the suspension at the initial 4,126
appearance, the registrar shall be represented by the prosecuting 4,127
attorney of the county in which the arrest occurred if the 4,128
initial appearance is conducted in a juvenile court or county 4,129
court, except that if the arrest occurred within a city or 4,130
village within the jurisdiction of the county court in which the 4,131
appeal is conducted, the city director of law or village 4,132
solicitor of that city or village shall represent the registrar. 4,133
If the appeal is conducted in a municipal court, the registrar 4,134
shall be represented as provided in section 1901.34 of the 4,135
100
Revised Code. If the appeal is conducted in a mayor's court, the 4,136
registrar shall be represented by the city director of law, 4,137
village solicitor, or other chief legal officer of the municipal 4,138
corporation that operates that mayor's court. 4,139
(I)(1) If a person's driver's or commercial driver's 4,141
license or permit or nonresident operating privilege has been 4,142
suspended pursuant to division (E) of this section, and the 4,143
person, within the preceding seven years, has refused three 4,144
previous requests to consent to a chemical test of the person's 4,146
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 4,148
of division (A) or (B) of section 4511.19 of the Revised Code, a 4,149
municipal ordinance relating to operating a vehicle while under 4,150
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,151
of abuse, a municipal ordinance relating to operating a vehicle 4,152
with a prohibited concentration of alcohol in the blood, breath, 4,153
or urine, section 2903.04 of the Revised Code in a case in which 4,154
the person was subject to the sanctions described in division (D) 4,155
of that section, or section 2903.06, 2903.07, or 2903.08 of the 4,156
Revised Code or a municipal ordinance that is substantially 4,157
similar to section 2903.07 of the Revised Code in a case in which 4,158
the jury or judge found that the person was under the influence 4,159
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,160
statute of any other state or a municipal ordinance of a 4,161
municipal corporation located in any other state that is 4,162
substantially similar to division (A) or (B) of section 4511.19 4,163
of the Revised Code, the person is not entitled to request, and 4,164
the court shall not grant to the person, occupational driving 4,165
privileges under this division. Any other person whose driver's 4,166
or commercial driver's license or nonresident operating privilege 4,167
has been suspended pursuant to division (E) of this section may 4,168
file a petition requesting occupational driving privileges in the 4,169
municipal court, county court, or, if the person is a minor, 4,170
juvenile court with jurisdiction over the place at which the 4,171
101
arrest occurred. The petition may be filed at any time subsequent 4,172
to the date on which the arresting officer serves the notice of 4,173
suspension upon the arrested person. The person shall pay the 4,174
costs of the proceeding, notify the registrar of the filing of 4,175
the petition, and send the registrar a copy of the petition. 4,176
In the proceedings, the registrar shall be represented by 4,178
the prosecuting attorney of the county in which the arrest 4,179
occurred if the petition is filed in the juvenile court or county 4,180
court, except that, if the arrest occurred within a city or 4,181
village within the jurisdiction of the county court in which the 4,182
petition is filed, the city director of law or village solicitor 4,183
of that city or village shall represent the registrar. If the 4,184
petition is filed in the municipal court, the registrar shall be 4,185
represented as provided in section 1901.34 of the Revised Code. 4,186
The court, if it finds reasonable cause to believe that 4,188
suspension would seriously affect the person's ability to 4,189
continue in the person's employment, may grant the person 4,190
occupational driving privileges during the period of suspension 4,192
imposed pursuant to division (E) of this section, subject to the 4,193
limitations contained in this division and division (I)(2) of 4,194
this section. The court may grant the occupational driving 4,195
privileges, subject to the limitations contained in this division 4,196
and division (I)(2) of this section, regardless of whether the 4,197
person appeals the suspension at the person's initial appearance 4,199
under division (H)(1) of this section or appeals the decision of 4,200
the court made pursuant to the appeal conducted at the initial 4,201
appearance, and, if the person has appealed the suspension or 4,202
decision, regardless of whether the matter at issue has been 4,203
heard or decided by the court. The court shall not grant 4,204
occupational driving privileges to any person who, within seven 4,205
years of the filing of the petition, has refused three previous 4,206
requests to consent to a chemical test of the person's blood, 4,208
breath, or urine to determine its alcohol content or has been 4,209
convicted of or pleaded guilty to three or more violations of 4,210
102
division (A) or (B) of section 4511.19 of the Revised Code, a 4,211
municipal ordinance relating to operating a vehicle while under 4,212
the influence of alcohol, a drug of abuse, or alcohol and a drug 4,213
of abuse, a municipal ordinance relating to operating a vehicle 4,214
with a prohibited concentration of alcohol in the blood, breath, 4,215
or urine, section 2903.04 of the Revised Code in a case in which 4,216
the person was subject to the sanctions described in division (D) 4,217
of that section, or section 2903.06, 2903.07, or 2903.08 of the 4,218
Revised Code or a municipal ordinance that is substantially 4,219
similar to section 2903.07 of the Revised Code in a case in which 4,220
the jury or judge found that the person was under the influence 4,221
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,222
statute of any other state or a municipal ordinance of a 4,223
municipal corporation located in any other state that is 4,224
substantially similar to division (A) or (B) of section 4511.19 4,225
of the Revised Code, and shall not grant occupational driving 4,226
privileges for employment as a driver of commercial motor 4,227
vehicles to any person who is disqualified from operating a 4,228
commercial motor vehicle under section 2301.374 or 4506.16 of the 4,229
Revised Code.
(2)(a) In granting occupational driving privileges under 4,231
division (I)(1) of this section, the court may impose any 4,232
condition it considers reasonable and necessary to limit the use 4,233
of a vehicle by the person. The court shall deliver to the 4,234
person a permit card, in a form to be prescribed by the court, 4,235
setting forth the time, place, and other conditions limiting the 4,236
defendant's use of a vehicle. The grant of occupational driving 4,237
privileges shall be conditioned upon the person's having the 4,238
permit in the person's possession at all times during which the 4,240
person is operating a vehicle. 4,241
A person granted occupational driving privileges who 4,243
operates a vehicle for other than occupational purposes, in 4,244
violation of any condition imposed by the court, or without 4,245
having the permit in the person's possession, is guilty of a 4,246
103
violation of section 4507.02 of the Revised Code. 4,248
(b) The court may not grant a person occupational driving 4,250
privileges under division (I)(1) of this section when prohibited 4,251
by a limitation contained in that division or during any of the 4,252
following periods of time: 4,253
(i) The first thirty days of suspension imposed upon a 4,255
person who, within five years of the date on which the person 4,256
refused the request to consent to a chemical test of the person's 4,258
blood, breath, or urine to determine its alcohol content and for 4,260
which refusal the suspension was imposed, had not refused a 4,261
previous request to consent to a chemical test of the person's 4,262
blood, breath, or urine to determine its alcohol content; 4,264
(ii) The first ninety days of suspension imposed upon a 4,266
person who, within five years of the date on which the person 4,267
refused the request to consent to a chemical test of the person's 4,269
blood, breath, or urine to determine its alcohol content and for 4,271
which refusal the suspension was imposed, had refused one 4,272
previous request to consent to a chemical test of the person's 4,273
blood, breath, or urine to determine its alcohol content; 4,275
(iii) The first year of suspension imposed upon a person 4,277
who, within five years of the date on which the person refused 4,279
the request to consent to a chemical test of the person's blood, 4,281
breath, or urine to determine its alcohol content and for which 4,282
refusal the suspension was imposed, had refused two previous 4,283
requests to consent to a chemical test of the person's blood, 4,284
breath, or urine to determine its alcohol content; 4,286
(iv) The first three years of suspension imposed upon a 4,288
person who, within five years of the date on which the person 4,289
refused the request to consent to a chemical test of the person's 4,291
blood, breath, or urine to determine its alcohol content and for 4,293
which refusal the suspension was imposed, had refused three or 4,294
more previous requests to consent to a chemical test of the 4,295
person's blood, breath, or urine to determine its alcohol 4,297
content.
104
(3) The court shall give information in writing of any 4,299
action taken under this section to the registrar. 4,300
(4) If a person's driver's or commercial driver's license 4,302
or permit or nonresident operating privilege has been suspended 4,303
pursuant to division (F) of this section, and the person, within 4,304
the preceding seven years, has been convicted of or pleaded 4,305
guilty to three or more violations of division (A) or (B) of 4,306
section 4511.19 of the Revised Code, a municipal ordinance 4,307
relating to operating a vehicle while under the influence of 4,308
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 4,309
municipal ordinance relating to operating a vehicle with a 4,310
prohibited concentration of alcohol in the blood, breath, or 4,311
urine, section 2903.04 of the Revised Code in a case in which the 4,312
person was subject to the sanctions described in division (D) of 4,313
that section, or section 2903.06, 2903.07, or 2903.08 of the 4,314
Revised Code or a municipal ordinance that is substantially 4,315
similar to section 2903.07 of the Revised Code in a case in which 4,316
the jury or judge found that the person was under the influence 4,317
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 4,318
statute of any other state or a municipal ordinance of a 4,319
municipal corporation located in any other state that is 4,320
substantially similar to division (A) or (B) of section 4511.19 4,321
of the Revised Code, the person is not entitled to request, and 4,322
the court shall not grant to the person, occupational driving 4,323
privileges under this division. Any other person whose driver's 4,324
or commercial driver's license or nonresident operating privilege 4,325
has been suspended pursuant to division (F) of this section may 4,326
file in the court specified in division (I)(1) of this section a 4,327
petition requesting occupational driving privileges in accordance 4,328
with section 4507.16 of the Revised Code. The petition may be 4,329
filed at any time subsequent to the date on which the arresting 4,330
officer serves the notice of suspension upon the arrested person. 4,331
Upon the making of the request, occupational driving privileges 4,332
may be granted in accordance with section 4507.16 of the Revised 4,333
105
Code. The court may grant the occupational driving privileges, 4,334
subject to the limitations contained in section 4507.16 of the 4,335
Revised Code, regardless of whether the person appeals the 4,336
suspension at the person's initial appearance under division 4,337
(H)(1) of this section or appeals the decision of the court made 4,339
pursuant to the appeal conducted at the initial appearance, and, 4,340
if the person has appealed the suspension or decision, regardless 4,341
of whether the matter at issue has been heard or decided by the 4,342
court.
(J) When it finally has been determined under the 4,344
procedures of this section that a nonresident's privilege to 4,345
operate a vehicle within this state has been suspended, the 4,346
registrar shall give information in writing of the action taken 4,347
to the motor vehicle administrator of the state of the person's 4,348
residence and of any state in which the person has a license. 4,349
(K) A suspension of the driver's or commercial driver's 4,351
license or permit of a resident, a suspension of the operating 4,352
privilege of a nonresident, or a denial of a driver's or 4,353
commercial driver's license or permit for refusal to submit to a 4,354
chemical test to determine the alcohol, drug, or alcohol and drug 4,355
content of the person's blood, breath, or urine pursuant to 4,356
division (E) of this section, shall be terminated by the 4,357
registrar upon receipt of notice of the person's entering a plea 4,358
of guilty to, or of the person's conviction after entering a plea 4,359
of no contest under Criminal Rule 11 to, operating a vehicle 4,360
while under the influence of alcohol, a drug of abuse, or alcohol 4,361
and a drug of abuse or with a prohibited concentration of alcohol 4,362
in the blood, breath, or urine, if the offense for which the plea 4,363
is entered arose from the same incident that led to the 4,364
suspension or denial. 4,365
The registrar shall credit against any judicial suspension 4,367
of a person's driver's or commercial driver's license or permit 4,368
or nonresident operating privilege imposed pursuant to division 4,369
(B) or (E) of section 4507.16 of the Revised Code any time during 4,370
106
which the person serves a related suspension imposed pursuant to 4,371
division (E) or (F) of this section. 4,372
(L) At the end of a suspension period under this section, 4,374
section 4511.196, or division (B) of section 4507.16 of the 4,375
Revised Code and upon the request of the person whose driver's or 4,376
commercial driver's license or permit was suspended and who is 4,377
not otherwise subject to suspension, revocation, or 4,378
disqualification, the registrar shall return the driver's or 4,379
commercial driver's license or permit to the person upon the 4,380
occurrence of all of the following: 4,381
(1) A showing by the person that the person had proof of 4,383
financial responsibility, a policy of liability insurance in 4,385
effect that meets the minimum standards set forth in section 4,386
4509.51 of the Revised Code, or proof, to the satisfaction of the 4,387
registrar, that the person is able to respond in damages in an 4,388
amount at least equal to the minimum amounts specified in section 4,389
4509.51 of the Revised Code. 4,390
(2) Payment by the person of a license reinstatement fee 4,392
of two hundred fifty EIGHTY dollars to the bureau of motor 4,393
vehicles, which fee shall be deposited in the state treasury and 4,395
credited as follows: 4,396
(a) Seventy-five dollars shall be credited to the drivers' 4,398
treatment and intervention fund, which is hereby established. 4,399
The fund shall be used to pay the costs of driver treatment and 4,400
intervention programs operated pursuant to sections 3793.02 and 4,401
3793.10 of the Revised Code. The director of alcohol and drug 4,402
addiction services shall determine the share of the fund that is 4,403
to be allocated to alcohol and drug addiction programs authorized 4,404
by section 3793.02 of the Revised Code, and the share of the fund 4,405
that is to be allocated to drivers' intervention programs 4,406
authorized by section 3793.10 of the Revised Code. 4,407
(b) Fifty dollars shall be credited to the reparations 4,409
fund created by section 2743.191 of the Revised Code. 4,410
(c) Twenty-five dollars shall be credited to the indigent 4,412
107
drivers alcohol treatment fund, which is hereby established. 4,413
Except as otherwise provided in division (L)(2)(c) of this 4,415
section, moneys in the fund shall be distributed by the 4,416
department of alcohol and drug addiction services to the county 4,417
indigent drivers alcohol treatment funds, the county juvenile 4,418
indigent drivers alcohol treatment funds, and the municipal 4,419
indigent drivers treatment funds that are required to be 4,420
established by counties and municipal corporations pursuant to 4,421
division (N) of this section, and shall be used only to pay the 4,422
cost of an alcohol and drug addiction treatment program attended 4,423
by an offender or juvenile traffic offender who is ordered to 4,424
attend an alcohol and drug addiction treatment program by a 4,425
county, juvenile, or municipal court judge and who is determined 4,426
by the county, juvenile, or municipal court judge not to have the 4,427
means to pay for attendance at the program. Moneys in the fund 4,428
that are not distributed to a county indigent drivers alcohol 4,429
treatment fund, a county juvenile indigent drivers alcohol 4,430
treatment fund, or a municipal indigent drivers alcohol treatment 4,431
fund under division (N) of this section because the director of 4,432
alcohol and drug addiction services does not have the information 4,433
necessary to identify the county or municipal corporation where 4,434
the offender or juvenile offender was arrested may be transferred 4,435
by the director of budget and management to the drivers'
treatment and intervention fund, created in division (L)(2)(a) of 4,436
this section, upon certification of the amount by the director of 4,437
alcohol and drug addiction services. 4,438
(d) Fifty dollars shall be credited to the Ohio 4,440
rehabilitation services commission established by section 3304.12 4,441
of the Revised Code, to the services for rehabilitation fund, 4,442
which is hereby established. The fund shall be used to match 4,443
available federal matching funds where appropriate, and for any 4,444
other purpose or program of the commission to rehabilitate people 4,445
with disabilities to help them become employed and independent. 4,446
(e) Fifty dollars shall be deposited into the state 4,448
108
treasury and credited to the drug abuse resistance education 4,449
programs fund, which is hereby established, to be used by the 4,450
attorney general for the purposes specified in division (L)(2)(e) 4,451
of this section. 4,452
(f) THIRTY DOLLARS SHALL BE CREDITED TO THE STATE BUREAU 4,454
OF MOTOR VEHICLES FUND CREATED BY SECTION 4501.25 OF THE REVISED 4,455
CODE.
The attorney general shall use amounts in the drug abuse 4,457
resistance education programs fund to award grants to law 4,458
enforcement agencies to establish and implement drug abuse 4,459
resistance education programs in public schools. Grants awarded 4,460
to a law enforcement agency under division (L)(2)(e) of this 4,461
section shall be used by the agency to pay for not more than 4,462
fifty per cent of the amount of the salaries of law enforcement 4,463
officers who conduct drug abuse resistance education programs in 4,464
public schools. The attorney general shall not use more than six 4,465
per cent of the amounts the attorney general's office receives 4,467
under division (L)(2)(e) of this section to pay the costs it 4,468
incurs in administering the grant program established by division 4,469
(L)(2)(e) of this section and in providing training and materials 4,470
relating to drug abuse resistance education programs. 4,471
The attorney general shall report to the governor and the 4,473
general assembly each fiscal year on the progress made in 4,474
establishing and implementing drug abuse resistance education 4,475
programs. These reports shall include an evaluation of the 4,476
effectiveness of these programs. 4,477
(M) Suspension of a commercial driver's license under 4,479
division (E) or (F) of this section shall be concurrent with any 4,480
period of disqualification under section 2301.374 or 4506.16 of 4,481
the Revised Code. No person who is disqualified for life from 4,482
holding a commercial driver's license under section 4506.16 of 4,483
the Revised Code shall be issued a driver's license under Chapter 4,484
4507. of the Revised Code during the period for which the 4,485
commercial driver's license was suspended under division (E) or 4,486
109
(F) of this section, and no person whose commercial driver's 4,487
license is suspended under division (E) or (F) of this section 4,488
shall be issued a driver's license under that chapter during the 4,489
period of the suspension. 4,490
(N)(1) Each county shall establish an indigent drivers 4,492
alcohol treatment fund, each county shall establish a juvenile 4,493
indigent drivers alcohol treatment fund, and each municipal 4,494
corporation in which there is a municipal court shall establish 4,495
an indigent drivers alcohol treatment fund. All revenue that the 4,496
general assembly appropriates to the indigent drivers alcohol 4,497
treatment fund for transfer to a county indigent drivers alcohol 4,498
treatment fund, a county juvenile indigent drivers alcohol 4,499
treatment fund, or a municipal indigent drivers alcohol treatment 4,500
fund, all portions of fees that are paid under division (L) of 4,501
this section and that are credited under that division to the 4,502
indigent drivers alcohol treatment fund in the state treasury for 4,503
a county indigent drivers alcohol treatment fund, a county 4,504
juvenile indigent drivers alcohol treatment fund, or a municipal 4,505
indigent drivers alcohol treatment fund, and all portions of 4,506
fines that are specified for deposit into a county or municipal 4,507
indigent drivers alcohol treatment fund by section 4511.193 of 4,508
the Revised Code shall be deposited into that county indigent 4,509
drivers alcohol treatment fund, county juvenile indigent drivers 4,510
alcohol treatment fund, or municipal indigent drivers alcohol 4,511
treatment fund in accordance with division (N)(2) of this 4,512
section. Additionally, all portions of fines that are paid for a 4,513
violation of section 4511.19 of the Revised Code or division 4,514
(B)(2) of section 4507.02 of the Revised Code, and that are 4,515
required under division (A)(1) or (2) of section 4511.99 or 4,516
division (B)(5) of section 4507.99 of the Revised Code to be 4,517
deposited into a county indigent drivers alcohol treatment fund 4,518
or municipal indigent drivers alcohol treatment fund shall be 4,519
deposited into the appropriate fund in accordance with the 4,520
applicable division. 4,521
110
(2) That portion of the license reinstatement fee that is 4,523
paid under division (L) of this section and that is credited 4,524
under that division to the indigent drivers alcohol treatment 4,525
fund shall be deposited into a county indigent drivers alcohol 4,526
treatment fund, a county juvenile indigent drivers alcohol 4,527
treatment fund, or a municipal indigent drivers alcohol treatment 4,528
fund as follows: 4,529
(a) If the suspension in question was imposed under this 4,531
section, that portion of the fee shall be deposited as follows: 4,532
(i) If the fee is paid by a person who was charged in a 4,534
county court with the violation that resulted in the suspension, 4,535
the portion shall be deposited into the county indigent drivers 4,536
alcohol treatment fund under the control of that court; 4,537
(ii) If the fee is paid by a person who was charged in a 4,539
juvenile court with the violation that resulted in the 4,540
suspension, the portion shall be deposited into the county 4,541
juvenile indigent drivers alcohol treatment fund established in 4,542
the county served by the court; 4,543
(iii) If the fee is paid by a person who was charged in a 4,545
municipal court with the violation that resulted in the 4,546
suspension, the portion shall be deposited into the municipal 4,547
indigent drivers alcohol treatment fund under the control of that 4,548
court. 4,549
(b) If the suspension in question was imposed under 4,551
division (B) of section 4507.16 of the Revised Code, that portion 4,552
of the fee shall be deposited as follows: 4,553
(i) If the fee is paid by a person whose license or permit 4,555
was suspended by a county court, the portion shall be deposited 4,556
into the county indigent drivers alcohol treatment fund under the 4,557
control of that court; 4,558
(ii) If the fee is paid by a person whose license or 4,560
permit was suspended by a municipal court, the portion shall be 4,561
deposited into the municipal indigent drivers alcohol treatment 4,562
fund under the control of that court. 4,563
111
(3) Expenditures from a county indigent drivers alcohol 4,565
treatment fund, a county juvenile indigent drivers alcohol 4,566
treatment fund, or a municipal indigent drivers alcohol treatment 4,567
fund shall be made only upon the order of a county, juvenile, or 4,568
municipal court judge and only for payment of the cost of the 4,569
attendance at an alcohol and drug addiction treatment program of 4,570
a person who is convicted of, or found to be a juvenile traffic 4,571
offender by reason of, a violation of division (A) of section 4,572
4511.19 of the Revised Code or a substantially similar municipal 4,573
ordinance, who is ordered by the court to attend the alcohol and 4,574
drug addiction treatment program, and who is determined by the 4,575
court to be unable to pay the cost of attendance at the treatment 4,577
program. The board of alcohol, drug addiction, and mental health 4,578
services established pursuant to section 340.02 of the Revised 4,579
Code serving the alcohol, drug addiction, and mental health 4,580
service district in which the court is located shall administer 4,581
the indigent drivers alcohol treatment program of the court. 4,582
When a court orders an offender or juvenile traffic offender to 4,583
attend an alcohol and drug addiction treatment program, the board 4,584
shall determine which program is suitable to meet the needs of 4,585
the offender or juvenile traffic offender, and when a suitable 4,586
program is located and space is available at the program, the 4,587
offender or juvenile traffic offender shall attend the program 4,588
designated by the board. A reasonable amount not to exceed five 4,589
per cent of the amounts credited to and deposited into the county 4,590
indigent drivers alcohol treatment fund, the county juvenile 4,591
indigent drivers alcohol treatment fund, or the municipal 4,592
indigent drivers alcohol treatment fund serving every court whose 4,593
program is administered by that board shall be paid to the board 4,594
to cover the costs it incurs in administering those indigent 4,595
drivers alcohol treatment programs.
Section 4. That all existing versions of section 4511.191 4,597
of the Revised Code are hereby repealed. 4,598
Section 5. Section 4511.191 of the Revised Code, as 4,600
112
amended within the purview of Sections 3 and 4 of this act, is 4,601
not subject to the referendum. Therefore, under Ohio 4,602
Constitution, Article II, Section 1d and section 1.471 of the
Revised Code, the section is entitled to go into immediate effect 4,603
when this act becomes law. However, section 4511.191 of the 4,604
Revised Code, as amended within the purview of Sections 3 and 4 4,605
of this act, takes effect on May 15, 1997. 4,606
Section 6. That section 5513.01 of the Revised Code, as 4,608
amended by Sub. H.B. 572 of the 121st General Assembly, be 4,609
amended to read as follows: 4,610
Sec. 5513.01. (A) All purchases of machinery, materials, 4,619
supplies, or other articles that the director of transportation 4,620
makes shall be in the manner provided in this section. In all 4,621
cases except those in which the director authorizes PROVIDES 4,622
WRITTEN AUTHORIZATION FOR purchases by district deputy directors 4,623
of transportation, all such purchases shall be made at the 4,624
central office of the department of transportation IN COLUMBUS. 4,625
Before making any purchase at that office, the director, as 4,627
provided in this section, shall give notice to bidders of the 4,628
director's intention to purchase. Where the expenditure is DOES 4,629
not more than five hundred dollars EXCEED THE AMOUNT APPLICABLE 4,631
TO THE PURCHASE OF SUPPLIES SPECIFIED IN DIVISION (B) OF SECTION 4,632
125.05 OF THE REVISED CODE, AS ADJUSTED PURSUANT TO DIVISION (D)
OF THAT SECTION, the director shall give such notice as the 4,635
director considers proper, or the director may make the purchase 4,636
without notice. Where the expenditure is more than five hundred 4,637
dollars EXCEEDS THE AMOUNT APPLICABLE TO THE PURCHASE OF SUPPLIES 4,638
SPECIFIED IN DIVISION (B) OF SECTION 125.05 OF THE REVISED CODE, 4,639
AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT SECTION, the 4,640
director shall give notice by posting for not less than ten days 4,642
a written, typed, or printed invitation to bidders on a bulletin 4,643
board, which shall be located in a place in the offices assigned 4,644
to the department and open to the public during business hours. 4,645
Producers or distributors of any product may notify the director, 4,646
113
in writing, of the class of articles for the furnishing of which 4,647
they desire to bid and their post-office addresses, in which case 4,648
copies of all invitations to bidders relating to the purchase of 4,649
such articles shall be mailed to such persons by the director by 4,650
regular first class mail at least ten days prior to the time 4,651
fixed for taking bids. The director also may mail copies of all 4,652
invitations to bidders to news agencies or other agencies or 4,653
organizations distributing information of this character. 4,654
Requests for invitations shall not be valid or NOR require action 4,655
by the director unless renewed, either annually or after such 4,657
shorter period as the director may prescribe by a general 4,658
regulation RULE. The invitation to bidders shall contain a brief 4,659
statement of the general character of the article that it is 4,660
intended to purchase, the approximate quantity desired, and a 4,661
statement of the time and place where bids will be received, and 4,662
may relate to and describe as many different articles as the 4,663
director thinks proper, it being the intent and purpose of this 4,664
section to authorize the inclusion in a single invitation of as 4,665
many different articles as the director desires to invite bids 4,666
upon at any given time. Invitations issued during each calendar 4,667
year shall be given consecutive numbers, and the number assigned 4,668
to each invitation shall appear on all copies thereof. In all 4,669
cases where notice is required by this section, sealed bids shall 4,670
be taken, on forms prescribed and furnished by the director, and 4,671
modification of bids after they have been opened shall not be 4,673
permitted.
(B) The director may permit any political subdivision and 4,676
any state university or college to participate in contracts into 4,677
which the director has entered for the purchase of machinery, 4,678
materials, supplies, or other articles. Any political 4,679
subdivision or state university or college desiring to 4,680
participate in such purchase contracts shall file with the 4,681
director a certified copy of the ordinance or resolution of its 4,682
legislative authority, board of trustees, or other governing 4,683
114
board requesting authorization to participate in such contracts 4,684
and agreeing to be bound by such terms and conditions as the 4,685
director prescribes. Purchases made by political subdivisions or 4,686
state universities or colleges under this division are exempt 4,687
from any competitive bidding required by law for the purchase of 4,688
machinery, materials, supplies, or other articles. 4,689
(C) As used in this section: 4,691
(1) "Political subdivision" means any county, township, 4,693
municipal corporation, conservancy district, township park 4,694
district, park district created under Chapter 1545. of the 4,695
Revised Code, port authority, regional transit authority, 4,696
regional airport authority, regional water and sewer district, or 4,697
county transit board. 4,698
(2) "State university or college" has the same meaning as 4,700
in division (A)(1) of section 3345.32 of the Revised Code. 4,701
Section 7. That all existing versions of section 5513.01 4,703
of the Revised Code are hereby repealed. 4,704
Section 8. Section 5513.01 of the Revised Code, as amended 4,706
within the purview of Sections 6 and 7 of this act, is subject to 4,707
the referendum. Therefore, under Ohio Constitution, Article II, 4,708
Section 1d and section 1.471 of the Revised Code, the section as 4,709
amended takes effect on March 4, 1998, or the ninety-first day 4,710
after this act is filed with the Secretary of State, whichever is 4,711
later. If, however, a referendum petition is filed against the
section as amended, the section as amended, unless rejected at 4,712
the referendum, takes effect at the earliest time permitted by 4,713
law that is on or after the effective date specified in the 4,714
preceding sentence.
Section 9. Except as otherwise provided, all appropriation 4,716
line items (ALI) in this act are hereby appropriated out of any 4,717
moneys in the state treasury to the credit of the designated 4,718
fund, which are not otherwise appropriated. For all 4,719
appropriations made in this act, those amounts in the first 4,720
column are for fiscal year 1998 and those amounts in the second 4,721
115
column are for fiscal year 1999. 4,722
Section 10. DOT DEPARTMENT OF TRANSPORTATION 4,724
FND ALI ALI TITLE FY 1998 FY 1999 4,726
Transportation Planning and Research 4,728
Highway Operating Fund Group 4,730
002 771-411 Planning and Research 4,733
- State $ 14,033,200 $ 12,750,200 4,735
002 771-412 Planning and Research 4,737
- Federal $ 15,607,900 $ 15,514,200 4,739
TOTAL HOF Highway Operating 4,740
Fund Group $ 29,641,100 $ 28,264,400 4,743
TOTAL ALL BUDGET FUND GROUPS - 4,744
Transportation Planning 4,745
and Research $ 29,641,100 $ 28,264,400 4,748
Highway Construction 4,749
Highway Operating Fund Group 4,751
002 772-421 Highway Construction 4,753
- State $ 422,111,716 $ 446,175,412 4,755
002 772-422 Highway Construction 4,757
- Federal $ 539,992,100 $ 541,035,800 4,759
002 772-424 Highway Construction 4,761
- Other $ 25,000,000 $ 25,000,000 4,763
212 770-005 Infrastructure Debt 4,765
Service - Federal $ 6,500,000 $ 10,550,000 4,767
212 772-423 Infrastructure Lease 4,769
Payments - Federal $ 12,900,000 $ 12,900,000 4,771
212 772-426 Highway 4,773
Infrastructure Bank -
Federal $ 17,000,000 $ 27,000,000 4,775
212 772-427 Highway 4,777
Infrastructure Bank -
State $ 5,000,000 $ 8,000,000 4,779
212 772-429 Highway 4,781
Infrastructure Bank -
116
Other $ 7,000,000 $ 3,350,000 4,783
TOTAL HOF Highway Operating 4,784
Fund Group $1,035,503,816 $1,074,011,212 4,787
Highway Capital Improvement Fund Group 4,790
042 772-723 Highway Construction 4,793
- Bonds $ 225,000,000 $ 102,500,000 4,795
TOTAL 042 Capital Highway 4,796
Improvement
Fund Group $ 225,000,000 $ 102,500,000 4,799
Infrastructure Bank Obligations 4,800
Fund Group
045 772-428 Highway 4,802
Infrastructure Bank -
Bonds $ 50,000,000 $ 40,000,000 4,804
TOTAL 045 Infrastructure Bank 4,805
Obligations Fund Group $ 50,000,000 $ 40,000,000 4,808
TOTAL ALL BUDGET FUND GROUPS - 4,809
Highway Construction $1,310,503,816 $1,216,511,212 4,812
Highway Maintenance 4,814
Highway Operating Fund Group 4,816
002 773-431 Highway Maintenance - 4,819
State $ 311,356,900 $ 313,925,600 4,821
TOTAL HOF Highway Operating 4,822
Fund Group $ 311,356,900 $ 313,925,600 4,825
TOTAL ALL BUDGET FUND GROUPS - 4,829
Highway Maintenance $ 311,356,900 $ 313,925,600 4,832
Intermodal Transportation 4,835
State Special Revenue Fund Group 4,837
4Y2 774-444 Congestion Mitigation 4,840
Revolving Fund $ 50,000 $ 50,000 4,842
TOTAL SSR State Special Revenue $ 50,000 $ 50,000 4,844
Fund Group
TOTAL ALL BUDGET FUND GROUPS - 4,845
117
Intermodal Transportation $ 50,000 $ 50,000 4,848
Public Transportation 4,851
Highway Operating Fund Group 4,852
002 775-452 Public Transportation 4,855
- Federal $ 39,600,000 $ 39,600,000 4,857
002 775-454 Public Transportation 4,859
- Other $ 1,250,000 $ 1,250,000 4,861
002 775-459 Elderly and Disabled 4,863
Special Equipment -
Federal $ 3,740,000 $ 3,740,000 4,865
212 775-406 Transit 4,867
Infrastructure Bank -
Federal $ 6,000,000 $ 5,000,000 4,869
212 775-407 Transit 4,871
Infrastructure Bank -
State $ 0 $ 1,000,000 4,873
212 775-408 Transit 4,875
Infrastructure Bank -
Other $ 2,000,000 $ 1,000,000 4,877
TOTAL HOF Highway Operating 4,878
Fund Group $ 52,590,000 $ 51,590,000 4,881
TOTAL ALL BUDGET FUND GROUPS - 4,884
Public Transportation $ 52,590,000 $ 51,590,000 4,887
Rail Transportation 4,889
Highway Operating Fund Group 4,891
002 776-462 Grade Crossings - 4,894
Federal $ 15,000,000 $ 15,000,000 4,896
TOTAL HOF Highway Operating 4,897
Fund Group $ 15,000,000 $ 15,000,000 4,900
State Special Revenue Fund Group 4,903
4N4 776-661 Rail Transportation - 4,906
State $ 5,392,000 $ 5,388,000 4,908
4N4 776-663 Panhandle Lease 4,910
118
Payments $ 758,000 $ 762,000 4,912
4N4 776-664 Rail Transportation - 4,914
Other $ 500,000 $ 500,000 4,916
TOTAL SSR State Special Revenue 4,917
Fund Group $ 6,650,000 $ 6,650,000 4,920
Federal Special Revenue Fund Group 4,923
3B9 776-662 Rail Transportation - 4,926
Federal $ 1,000,000 $ 1,000,000 4,928
TOTAL FED Federal Special Revenue 4,929
Fund Group $ 1,000,000 $ 1,000,000 4,932
TOTAL ALL BUDGET FUND GROUPS - 4,933
Rail Transportation $ 22,650,000 $ 22,650,000 4,936
Aviation 4,939
Highway Operating Fund Group 4,941
002 777-472 Airport Improvements 4,944
- Federal $ 405,000 $ 405,000 4,946
002 777-475 Aviation 4,948
Administration $ 4,001,984 $ 4,044,108 4,950
213 777-477 Aviation 4,952
Infrastructure Bank -
State $ 1,000,000 $ 1,000,000 4,954
TOTAL HOF Highway Operating 4,955
Fund Group $ 5,406,984 $ 5,449,108 4,958
TOTAL ALL BUDGET FUND GROUPS - 4,959
Aviation $ 5,406,984 $ 5,449,108 4,962
Administration 4,965
Highway Operating Fund Group 4,967
002 779-491 Administration - 4,970
State $ 111,020,200 $ 107,292,600 4,972
4T5 770-609 ODOT Memorial $ 20,000 $ 0 4,976
TOTAL HOF Highway Operating 4,977
Fund Group $ 111,040,200 $ 107,292,600 4,980
TOTAL ALL BUDGET FUND GROUPS - 4,981
Administration $ 111,040,200 $ 107,292,600 4,984
119
Debt Service 4,987
Highway Operating Fund Group 4,989
002 770-003 Administration - 4,992
State - Debt Service $ 16,420,000 $ 19,567,000 4,994
TOTAL HOF Highway Operating 4,995
Fund Group $ 16,420,000 $ 19,567,000 4,998
TOTAL ALL BUDGET FUND GROUPS - 4,999
Debt Service $ 16,420,000 $ 19,567,000 5,002
TOTAL Department of Transportation 5,005
TOTAL HOF Highway Operating 5,007
Fund Group $1,576,959,000 $1,615,099,920 5,010
TOTAL 042 Highway Capital 5,011
Improvement Fund Group $ 225,000,000 $ 102,500,000 5,014
TOTAL 045 Infrastructure Bank 5,015
Obligations Fund Group $ 50,000,000 $ 40,000,000 5,018
TOTAL SSR State Special Revenue 5,019
Fund Group $ 6,700,000 $ 6,700,000 5,022
TOTAL FED Federal Special Revenue 5,023
Fund Group $ 1,000,000 $ 1,000,000 5,026
TOTAL ALL BUDGET FUND GROUPS $1,859,659,000 $1,765,299,920 5,029
Section 10.01. Issuance of Bonds 5,032
The Commissioners of the Sinking Fund, upon the request of 5,034
the Director of Transportation, are hereby authorized to issue 5,035
and sell, in accordance with the provisions of Section 2m of 5,036
Article VIII, Ohio Constitution, and sections 5528.51 and 5528.56 5,037
of the Revised Code, obligations, including bonds and notes, of 5,038
the State of Ohio in the aggregate amount of $320,000,000 of
original issuance obligations. 5,039
The obligations shall be dated, issued, and sold from time 5,041
to time in such amounts as may be necessary to provide sufficient 5,042
moneys to the credit of the Highway Capital Improvement Fund 5,043
(Fund 042) created by section 5538.53 of the Revised Code to pay 5,044
costs charged to the fund when due as estimated by the Director 5,045
of Transportation, provided, however, that such obligations shall
120
be issued and sold at such time or times so that not more than 5,046
$220,000,000 original principal amount of obligations, plus the 5,047
principal amount of obligations that in prior fiscal years could 5,048
have been, but were not issued within the $220,000,000 limit, may 5,049
be issued in any fiscal year, and not more than $1,200,000,000 5,050
original principal amount of obligations issued pursuant to 5,051
Section 2m of Article VIII, Ohio Constitution, and sections
5528.51 and 5528.56 of the Revised Code are outstanding at any 5,052
one time.
Bond Funds Transfer 5,054
The Director of Budget and Management may cancel 5,056
encumbrances associated with Highway Obligations Construction 5,057
Fund (Fund 041) appropriations and reestablish such encumbrances 5,058
or parts of encumbrances as needed in fiscal year 1998 in the 5,059
Highway Capital Improvement Fund (Fund 042) appropriation item 5,060
772-723, Highway Construction - Bonds, for the same purpose and
to the same vendor. As determined by the Director, the 5,061
appropriation authority necessary to reestablish such 5,062
encumbrances in fiscal year 1998 in Fund 042 is hereby 5,063
authorized. The Director shall reduce each year's appropriation
balances by the amount of the encumbrances cancelled in its 5,064
respective line item. As determined by the Director, any cash 5,065
balance remaining in Fund 041 may be transferred to Fund 042. 5,066
Section 10.02. Maintenance Interstate Highways 5,069
The Director of Transportation may remove snow and ice, and 5,071
maintain, repair, improve, or provide lighting upon interstate 5,072
highways which are located within the boundaries of municipal 5,073
corporations, adequate to meet the requirements of federal law. 5,075
When agreed in writing by the director and the legislative
authority of a municipal corporation, and notwithstanding 5,076
sections 125.01 and 125.11 of the Revised Code, the Department of 5,077
Transportation may reimburse the municipal corporation for all or 5,078
any part of the costs, as provided by such agreement, incurred by 5,079
the municipal corporation maintaining, repairing, lighting, and 5,080
121
removing snow and ice from the interstate system. 5,081
Section 10.03. Transfer of Appropriations - Planning and 5,083
Research, Highway Construction, Maintenance and Administration 5,084
The Director of Budget and Management may approve requests 5,086
from the Department of Transportation, for transfer of funds 5,087
among the appropriations for highway planning and research (line 5,088
items 771-411 and 771-412), highway construction (line items 5,089
772-421, 772-422, and 772-424), highway maintenance (line item 5,090
773-431), and highway administration (line item 779-491). 5,092
Transfers between appropriation items shall be made upon the 5,094
written request of the Director of Transportation with the 5,095
approval of the Director of Budget and Management. Such 5,096
transfers shall be reported to the Controlling Board at the next 5,097
regularly scheduled meeting of the board. 5,098
This transfer language is intended to provide for emergency 5,100
situations and flexibility to meet unforeseen conditions that 5,101
could arise during the budget period. This will also allow the 5,102
Department to optimize the use of available resources, and adjust 5,103
to circumstances affecting the obligation and expenditure of 5,104
federal funds. 5,105
Transfer of Appropriations - State Infrastructure Bank 5,107
The Director of Budget and Management may approve requests 5,109
from the Department of Transportation for transfer of funds among 5,110
the appropriations of the Infrastructure Bank funds created in 5,111
section 5531.09 of the Revised Code, including transfers between 5,112
fiscal years 1998 and 1999. Such transfers shall be reported to 5,113
the Controlling Board at the next regularly scheduled meeting of 5,114
the board. However, the Director may not make transfers out of
debt service and lease payment line items unless the Director 5,115
determines that the appropriated amounts exceed the actual and 5,116
projected debt, rental, or lease payments. 5,117
The Director of Budget and Management may approve requests 5,119
from the Department of Transportation for transfer of funds from 5,120
appropriations of the Highway Operating Fund (Fund 002) to 5,121
122
appropriations of the Infrastructure Bank funds created in 5,122
section 5531.09 of the Revised Code. Such transfers shall be
reported to the Controlling Board at the next regularly scheduled 5,123
meeting of the board. However, the Director may not make 5,124
transfers between modes and transfers between different funding 5,125
sources. 5,126
Transfer of Appropriations - Public Transportation 5,128
The Director of Budget and Management may approve requests 5,130
from the Department of Transportation for transfer of funds 5,131
between appropriation item 775-451, Public Transportation - 5,132
State, and 775-456, Public Transportation - Discretionary 5,133
Capital.
Increase Appropriation Authority - State Funds 5,135
In the event that revenues or unexpended balances, credited 5,137
to the Highway Operating Fund, exceed the estimates upon which 5,138
the appropriations have been made in this act, the Director of 5,139
Transportation may submit a request to the Controlling Board for 5,140
increased appropriation authority in the same manner as 5,141
prescribed in section 131.35 of the Revised Code. Such 5,143
additional revenues or unexpended balances are hereby 5,144
appropriated to the Department of Transportation when authorized 5,145
by the Controlling Board.
Increase Appropriation Authority - Federal and Local Funds 5,148
In the event that receipts or unexpended balances credited 5,150
to the Highway Operating Fund, or apportionments or allocations 5,151
made available from the federal and local government exceed the 5,152
estimates upon which the appropriations have been made in this 5,154
act, such excess is hereby appropriated and may be added to the 5,156
appropriate item or items when requested by the Director of 5,157
Transportation and approved by the Director of Budget and 5,158
Management and the Controlling Board.
Reappropriations 5,160
All appropriations of the Highway Operating Fund (Fund 002) 5,162
and the Highway Capital Improvement Fund (Fund 042) remaining 5,163
123
unencumbered on June 30, 1997, and the unexpended balance of 5,165
prior years' appropriations that subsequently become unencumbered 5,166
after June 30, 1997, subject to the availability of revenue as 5,168
determined by the Director of Transportation, are hereby 5,169
reappropriated for the same purpose in fiscal year 1998 upon the 5,170
request of the Director of Transportation with the approval of 5,172
the Director of Budget and Management. Such reappropriations 5,173
shall be reported to the Controlling Board at the next regularly 5,174
scheduled meeting of the board.
All appropriations of the Highway Operating Fund (Fund 002) 5,176
and the Highway Capital Improvement Fund (Fund 042) in this act 5,177
remaining unencumbered as of June 30, 1998, are reappropriated 5,178
for use during fiscal year 1999 for the same purpose. The 5,179
department shall report all such reappropriations to the 5,181
Controlling Board.
Section 10.04. Public Access Roads for State Facilities 5,183
Of the foregoing appropriation item 772-421, Highway 5,185
Construction - State, $2,965,000 is to be used each fiscal year 5,186
during the 1997-1999 biennium by the Department of Transportation 5,187
for the construction, reconstruction, or maintenance of public 5,188
access roads, including support features, to and within state 5,189
facilities owned or operated by the Department of Natural 5,190
Resources, as requested by the Director of Natural Resources. 5,191
Notwithstanding section 5511.06 of the Revised Code, of the 5,193
foregoing appropriation item 772-421, Highway Construction - 5,194
State, $2,100,000 in each fiscal year of the 1997-1999 biennium 5,195
shall be used by the Department of Transportation for the 5,196
construction, reconstruction, or maintenance of park drives or 5,197
park roads within the boundaries of metropolitan parks. 5,198
Included in the foregoing appropriation item 772-421, 5,200
Highway Construction - State, the department may perform related 5,202
road work on behalf of the Ohio Expositions Commission at the 5,203
state fairgrounds. This includes reconstruction or maintenance 5,205
of public access roads, including support features, to and within 5,207
124
the facilities as requested by the commission and approved by the 5,208
Director of Transportation. 5,209
Liquidation of Unforeseen Liabilities 5,211
Any appropriation made to the Department of Transportation, 5,213
Highway Operating Fund, not otherwise restricted by law, is 5,214
available to liquidate unforeseen liabilities arising from 5,216
contractual agreements of prior years when the prior year 5,217
encumbrance is insufficient. 5,218
Congestion Mitigation 5,220
The foregoing appropriation item 774-444, Congestion 5,222
Mitigation Revolving Fund, shall be used to make loans or grants 5,223
for the construction, reconstruction, resurfacing, restoring, 5,224
rehabilitation, or replacement of public or private 5,225
transportation facilities as eligible under United States Code, 5,226
Title XXIII. Fund revenues shall include, but are not limited
to, payments received from any public or private agency in 5,227
repayment of a loan previously made from the fund or pursuant to 5,228
23 U.S.C. 129(a)(7) or successor legislation; interest or other 5,229
income earned on the investment of moneys in the fund; and any 5,230
additional moneys made available from any sources, public or
private, for the purposes for which the fund has been 5,231
established.
Lease Payments 5,233
Within the Rail Development Fund (4N4), the amount of the 5,235
foregoing appropriation item 776-663, Panhandle Lease Payments, 5,236
shall be used to meet scheduled payments for the Panhandle Rail 5,237
Line. The Director of Transportation shall certify to the 5,238
Director of Budget and Management any appropriations in line item 5,239
776-663, Panhandle Lease Payments, that are not needed to make 5,240
lease payments for the Panhandle Rail Line. Notwithstanding 5,241
section 127.14 of the Revised Code, the amount certified is 5,242
hereby transferred to appropriation item 776-661, Rail 5,243
Transportation - State. Such transfers shall be reported by the 5,244
Director of Transportation to the Controlling Board at the next 5,245
125
regularly scheduled meeting of the board. 5,246
Section 10.05. Department of Taxation 5,248
Of the foregoing appropriation item 779-491, 5,250
Administration-State, $4,300,000 each fiscal year of the 5,251
1997-1999 biennium shall be transferred to the General Revenue 5,252
Fund for reimbursement of the services provided by the Department 5,254
of Taxation pursuant to sections 5728.08, 5735.26, and 5735.29 of 5,255
the Revised Code. The Director of Transportation shall make such 5,256
transfer upon the receipt of a written request from the Director 5,257
of Budget and Management. 5,258
Rental Payments - OBA 5,260
The foregoing appropriation item 770-003, Administration - 5,262
State - Debt Service, shall be used to pay rent to the Ohio 5,263
Building Authority for various capital facilities to be 5,265
constructed, reconstructed, or rehabilitated for the use of the 5,267
Department of Transportation, including the department's plant 5,268
and facilities at its central office, field districts, and county 5,269
and outpost locations. The rental payments shall be made from 5,270
revenues received from the motor vehicle fuel tax. The amounts 5,271
of any bonds and notes to finance such capital facilities shall 5,272
be at the request of the Director of Transportation. 5,273
Notwithstanding section 152.24 of the Revised Code, the Ohio 5,274
Building Authority may, with approval of the Office of Budget and 5,275
Management, lease capital facilities to the Department of 5,276
Transportation.
The Director of Transportation shall hold title to any land 5,278
purchased and any resulting structures that are attributable to 5,279
this appropriation item. Notwithstanding section 152.18 of the 5,281
Revised Code, the Director of Transportation shall administer any 5,283
purchase of land and any contract for construction, 5,285
reconstruction, and rehabilitation of facilities as a result of 5,286
this appropriation.
Should the appropriation and any reappropriations from 5,288
prior years in item 770-003 exceed the rental payments for fiscal 5,289
126
years 1998 or 1999, then prior to June 30, 1999, the balance may 5,290
be transferred to either item 772-421, 773-431, or 779-491. Such 5,292
transfer shall be requested by the Director of Transportation 5,293
with approval by the Director of Budget and Management. 5,294
Transfers shall be reported to the Controlling Board at the next 5,295
regularly scheduled meeting of the board. 5,296
Section 10.06. Public Transportation Highway Purpose Grants 5,298
The Director of Transportation is authorized to use funds 5,300
from the state motor vehicle fuel tax to match approved federal 5,302
grants awarded to the Department of Transportation, regional 5,304
transit authorities, or eligible public transportation systems, 5,306
for public transportation highway purposes, or to support local 5,307
or state funded projects for public transportation highway 5,308
purposes. Public transportation highway purposes include: the 5,310
construction or repair of high occupancy vehicle traffic lanes; 5,312
the acquisition or construction of park-and-ride facilities; the 5,314
acquisition or construction of public transportation vehicle 5,316
loops; the construction or repair of bridges used by public 5,318
transportation vehicles or which are the responsibility of a 5,319
regional transit authority or other public transportation system; 5,320
or other similar construction which is designated as an eligible 5,322
public transportation highway purpose. These motor vehicle fuel 5,324
tax revenues may not be used for operating assistance or for the 5,325
purchase of vehicles, equipment, or maintenance facilities. 5,326
Section 11. DHS DEPARTMENT OF PUBLIC SAFETY 5,327
Highway Safety Information and Education 5,328
State Highway Safety Fund Group 5,330
036 761-321 Operating Expense - 5,333
Information and
Education $ 3,104,533 $ 3,105,715 5,335
036 761-402 Traffic Safety Match $ 277,137 $ 277,137 5,339
831 761-610 Information and 5,341
Education - Federal $ 473,835 $ 486,625 5,343
83N 761-611 Elementary School 5,345
127
Seat Belt Program $ 343,255 $ 352,790 5,347
832 761-612 Traffic 5,349
Safety-Federal $ 11,600,000 $ 11,600,000 5,351
844 761-613 Seat Belt Education 5,353
Program $ 205,000 $ 204,050 5,355
846 761-625 Motorcycle Safety 5,357
Education $ 1,344,020 $ 1,383,438 5,359
847 761-622 Film Production 5,361
Reimbursement $ 40,766 $ 41,906 5,363
TOTAL HSF State Highway Safety 5,364
Fund Group $ 17,388,546 $ 17,451,661 5,367
TOTAL ALL BUDGET FUND GROUPS - 5,368
Highway Safety Information 5,369
and Education $ 17,388,546 $ 17,451,661 5,372
Traffic Safety Grant Program 5,375
Of the foregoing appropriation item 761-321, Operating 5,377
Expense - Information and Education, up to $100,000 in fiscal 5,378
year 1998 and up to $100,000 in fiscal year 1999 shall be used by 5,380
the Department of Public Safety to fund the department's Traffic 5,381
Safety Grant Program. The department shall develop necessary 5,382
criteria to administer the program. The award of grants 5,383
resulting from this program shall be made as subsidy payments to 5,384
participants selected by the Department of Public Safety. 5,386
Federal Highway Safety Program Match 5,388
The foregoing appropriation item 761-402, Traffic Safety 5,390
Match, shall be used to provide the nonfederal portion of the 5,391
federal Highway Safety Program. Upon request by the Director of 5,392
Public Safety and approval by the Director of Budget and 5,393
Management, appropriation item 761-402 shall be used to transfer 5,394
funds from the Highway Safety Fund to the Traffic Safety - 5,395
Federal Fund (Fund 832), at the beginning of each fiscal year on 5,397
an intrastate transfer voucher. 5,398
Film Production Reimbursement 5,400
The foregoing appropriation item 761-622, Film Production 5,402
128
Reimbursement, shall be used by the Division of Administration of 5,403
the Department of Public Safety for the purpose of providing a 5,405
method of collection from other state agencies for services and 5,407
supplies provided for production of public service announcements 5,408
and training materials. These funds shall be expended only for 5,410
supplies and the maintenance of equipment necessary to perform 5,412
such services.
Section 11.01. Bureau of Motor Vehicles 5,413
State Special Revenue Fund Group 5,415
4U0 762-638 Collegiate License 5,418
Plate Program $ 231,094 $ 237,565 5,420
4U2 762-641 Pro Football Hall of 5,422
Fame License Plate
Program $ 240,552 $ 247,287 5,424
539 762-614 Motor Vehicle Dealers 5,426
Board $ 210,752 $ 216,615 5,428
TOTAL SSR State Special Revenue 5,429
Fund Group $ 682,398 $ 701,467 5,432
State Highway Safety Fund Group 5,436
4W4 762-321 Operating Expense-BMV $ 54,521,811 $ 55,369,485 5,441
4W4 762-410 License Supplement $ 22,637,024 $ 23,261,528 5,445
83E 762-632 Central Registration 5,447
Fund $ 8,578,095 $ 8,815,058 5,449
83L 762-636 Facility Rentals $ 591,100 $ 607,651 5,453
83R 762-639 Law Enforcement 5,455
Reimbursement $ 1,200,000 $ 1,233,600 5,457
835 762-616 Financial 5,459
Responsibility
Compliance $ 5,117,883 $ 5,249,359 5,461
849 762-627 Automated Title 5,463
Processing Board $ 8,802,254 $ 11,273,129 5,465
TOTAL HSF State Highway Safety 5,466
Fund Group $ 101,448,167 $ 105,809,810 5,469
129
TOTAL ALL BUDGET FUND GROUPS - 5,470
Bureau of Motor Vehicles $ 102,130,565 $ 106,511,277 5,473
Motor Vehicle Registrations 5,476
The Registrar of the Bureau of Motor Vehicles may deposit 5,478
revenues equal to any estimated deficiency in the State Bureau of 5,479
Motor Vehicles Fund (Fund 4W4) established in section 4501.25 of 5,480
the Revised Code, obtained pursuant to sections 4503.02 and 5,481
4504.02 of the Revised Code to support in part appropriations for 5,483
operating expenses and to defray the cost of manufacturing and 5,484
distributing license plates and license plate stickers and 5,485
enforcing the law relative to the operation and registration of 5,486
motor vehicles. Notwithstanding the provisions of section 5,487
4501.03 of the Revised Code, the above amount shall be paid into 5,488
the State Bureau of Motor Vehicles Fund before any revenues 5,489
obtained pursuant to sections 4503.02 and 4504.02 of the Revised 5,490
Code are paid into any other fund. The deposit of revenues to 5,492
meet the aforementioned deficiency shall be in approximate equal 5,493
amounts on a monthly basis or as otherwise determined by the 5,494
Director of Budget and Management pursuant to a plan submitted by 5,495
the Registrar of the Bureau of Motor Vehicles.
Special Plates Funds 5,497
As of December 1, 1997, all revenue and uses previously 5,498
ascribed to the Lake Erie License Plate Fund (Fund 4U1), line 5,499
item 762-640, including all assets and obligations, and the 5,500
Scenic Rivers License Plate Fund (Fund 4U3), line item 762-642, 5,501
including all assets and obligations, shall be assumed by the
State Bureau of Motor Vehicles Fund (Fund 4W4), line item 5,502
762-410, License Supplement. 5,503
Before December 1, 1997, the Registrar of Motor Vehicles 5,504
shall certify to the Director of Budget and Management the 5,505
revenues and uses, including assets and obligations, of the 5,506
Collegiate License Plate Fund (Fund 4U0), line item 762-638, that 5,507
are related to the ten-dollar OBMV fee referred to in section 5,508
4503.51 of the Revised Code. Such revenue and uses shall be
130
assumed by Fund 4W4, line item 762-410, License Supplement. 5,509
Before December 1, 1997, the Registrar shall certify to the 5,511
Director of Budget and Management the revenues and uses, 5,512
including assets and obligations, of the Pro Football Hall of 5,513
Fame License Plate Fund (Fund 4U2), line item 762-641, that are 5,514
related to the ten-dollar OBMV fee referred to in section 4503.51
of the Revised Code. Such revenue and uses shall be assumed by 5,515
Fund 4W4, line item 762-410, License Supplement. 5,516
Credit Card Program 5,518
Notwithstanding any provisions of law to the contrary, the 5,520
Department of Public Safety may request Controlling Board 5,521
approval to increase the appropriation authority for Fund 4W4 5,523
line item 762-321, Operating Expense-Bureau of Motor Vehicles, 5,525
should the Credit Card Payment Program as prescribed in Sub. S.B. 5,527
338 of the 118th General Assembly be reinstated. 5,529
Capital Projects 5,531
The Registrar of Motor Vehicles may transfer revenue from 5,535
the State Bureau of Motor Vehicles Fund (Fund 4W4) to the State 5,536
Highway Safety Fund (Fund 036) to meet its obligations for 5,537
capital projects CIR-047, Department of Public Safety Office 5,538
Building, and CIR-049, Warehouse Facility. 5,539
Section 11.02. Enforcement 5,540
State Highway Safety Fund Group 5,541
036 764-033 Minor Capital 5,544
Projects $ 1,580,366 $ 1,626,653 5,546
036 764-321 Operating Expense - 5,548
Highway Patrol $ 146,441,857 $ 151,325,653 5,550
83C 764-630 Contraband, 5,552
Forfeiture, Other $ 538,872 $ 552,987 5,554
83F 764-657 Law Enforcement Auto. 5,556
Data System $ 4,504,514 $ 4,628,413 5,558
83G 764-633 OMVI Fines $ 682,500 $ 682,500 5,562
831 764-610 Patrol/Federal $ 1,842,299 $ 1,889,326 5,566
831 764-659 Transportation 5,568
131
Enforcement - Federal $ 2,233,985 $ 2,290,057 5,570
837 764-602 Turnpike Policing $ 7,456,845 $ 7,647,183 5,574
838 764-606 Patrol Reimbursement $ 275,000 $ 275,000 5,578
840 764-607 State Fair Security $ 1,195,932 $ 1,220,451 5,582
840 764-617 Security and 5,584
Investigations $ 3,536,100 $ 3,616,597 5,586
840 764-626 State Fairgrounds 5,588
Police Force $ 655,271 $ 671,946 5,590
841 764-603 Salvage and Exchange 5,592
- Highway Patrol $ 1,126,644 $ 1,155,410 5,594
TOTAL HSF State Highway Safety 5,595
Fund Group $ 172,070,205 $ 177,582,176 5,598
General Services Fund Group 5,601
452 764-660 MARCS Maintenance $ 193,577 $ 383,369 5,606
TOTAL GSF General Services 5,607
Fund Group $ 193,577 $ 383,369 5,610
TOTAL ALL BUDGET FUND GROUPS - 5,611
Enforcement $ 172,263,782 $ 177,965,545 5,614
Collective Bargaining Increases 5,617
Notwithstanding division (D) of section 127.14 and division 5,619
(B) of section 132.35 of the Revised Code, except for the General 5,620
Revenue Fund, the Controlling Board may, upon the request of 5,622
either the Director of Budget and Management, or the Department 5,623
of Public Safety with the approval of the Director of Budget and 5,625
Management, increase appropriations for any fund, as necessary 5,627
for the Department of Public Safety, to assist in paying the 5,628
costs of increases in employee compensation that have occurred 5,630
that are provided pursuant to Collective Bargaining agreements 5,631
under Chapter 4117. of the Revised Code and, for exempt 5,632
employees, under section 124.152 of the Revised Code. 5,633
Section 11.03. Emergency Medical Services 5,635
State Highway Safety Fund Group 5,637
83M 765-624 Emergency Medical 5,640
Services $ 1,300,465 $ 1,334,226 5,642
132
83P 765-637 EMS Grants $ 3,000,000 $ 3,000,000 5,646
831 765-610 EMS/Federal $ 250,000 $ 250,000 5,650
TOTAL HSF State Highway Safety 5,651
Fund Group $ 4,550,465 $ 4,584,226 5,654
TOTAL ALL BUDGET FUND GROUPS - 5,655
Emergency Medical Services $ 4,550,465 $ 4,584,226 5,658
Section 11.04. Special Enforcement 5,661
State Highway Safety Fund Group 5,663
831 767-610 Liquor Enforcement - 5,667
Federal $ 50,000 $ 50,000 5,669
831 769-610 Food Stamp 5,671
Trafficking
Enforcement - Federal $ 702,871 $ 721,222 5,673
TOTAL HSF State Highway Safety 5,674
Fund Group $ 752,871 $ 771,222 5,677
Liquor Control Fund Group 5,680
043 767-321 Liquor Enforcement - 5,683
Operations $ 7,582,426 $ 7,775,467 5,685
TOTAL LCF Liquor Control Fund 5,686
Group $ 7,582,426 $ 7,775,467 5,689
State Special Revenue Fund Group 5,692
4M3 769-656 Food Stamp 5,695
Contraband,
Forfeiture, and Other $ 50,000 $ 50,000 5,697
863 767-643 Liquor Enforcement 5,699
Contraband,
Forfeiture, and Other $ 308,393 $ 317,018 5,701
TOTAL SSR State Special Revenue 5,702
Fund Group $ 358,393 $ 367,018 5,705
TOTAL ALL BUDGET FUND GROUPS - 5,706
Special Enforcement $ 8,693,690 $ 8,913,707 5,709
Section 11.05. Emergency Management 5,712
Federal Special Revenue Fund Group 5,714
3N5 763-644 U.S. DOE Agreement $ 250,843 $ 255,545 5,720
133
329 763-645 IFG Federal 5,722
Match/NOAA $ 750,000 $ 750,000 5,724
337 763-609 Federal Disaster 5,726
Relief $ 750,000 $ 750,000 5,728
338 763-646 Direction, Control 5,730
and Warning $ 175,000 $ 175,000 5,732
339 763-647 Emergency Management 5,734
Assistance and
Training $ 3,743,176 $ 3,754,639 5,736
347 763-650 Emergency Operating 5,738
Centers $ 750,000 $ 750,000 5,740
TOTAL FED Federal Special 5,741
Revenue Fund Group $ 6,419,019 $ 6,435,184 5,744
General Services Fund Group 5,747
4V3 763-662 Storms/NOAA 5,750
Maintenance $ 57,000 $ 57,000 5,752
4W6 763-663 MARCS Operations $ 222,000 $ 1,090,000 5,756
533 763-601 State Disaster Relief $ 336,452 $ 345,673 5,760
TOTAL GSF General Services 5,761
Fund Group $ 615,452 $ 1,492,673 5,764
State Special Revenue Fund Group 5,767
4Y0 763-654 EMA Utility Payment $ 140,000 $ 140,000 5,773
4Y1 763-655 Salvage & 5,775
Exchange-EMA $ 25,700 $ 26,420 5,777
538 763-651 Radiological 5,779
Emergency Response $ 518,496 $ 532,074 5,781
657 763-652 Utility Radiological 5,783
Safety $ 541,156 $ 555,236 5,785
681 763-653 SARA Title III HAZMAT 5,787
Planning $ 227,446 $ 227,446 5,789
TOTAL SSR State Special Revenue 5,790
Fund Group $ 1,452,798 $ 1,481,176 5,792
TOTAL ALL BUDGET FUND GROUPS - 5,793
Emergency Management $ 8,487,269 $ 9,409,033 5,796
134
Federal Grant 5,799
As determined by the Director of Budget and Management, any 5,801
portion of the Emergency Management State and Local Assistance 5,802
federal grant which would otherwise reimburse the General Revenue 5,803
Fund for expenses incurred by the Emergency Management Agency in 5,804
fiscal year 1997, may be deposited in Emergency Management's 5,805
Personnel Administration Subdivisions Fund (Fund 339) so that the
fund may avoid cash flow problems in the 1997-1999 biennium. 5,806
MARCS Fund Transfer 5,808
In the event that the Emergency Management Agency is not 5,810
designated by the Director of the Department of Administrative 5,811
Services as the agency to operate the Multi Agency Radio 5,812
Communications System (MARCS), the Director of Budget and 5,813
Management with the concurrence of the Director of Public Safety
and the approval of the Controlling Board, shall transfer the 5,814
MARCS System Operations Fund (Fund 4W6) and line item 763-663, 5,815
MARCS Operations, from the Emergency Management Agency to the 5,816
state agency that is designated by the Director of Administrative 5,817
Services as the caretaker of the operation of the Multi Agency
Radio Communication System. 5,818
SARA Title III HAZMAT Planning 5,820
The SARA Title III HAZMAT Planning Fund (Fund 861) shall 5,822
receive grant funds from the Emergency Response Commission to 5,823
implement the Emergency Management Agency's responsibilities 5,824
under Sub. S.B. 367 of the 117th General Assembly.
Federal Reimbursement Agreements 5,826
Notwithstanding any other provision of law to the contrary, 5,828
in the event that changes in federal reimbursement agreements 5,829
require additional resources to be expended by the state prior to 5,830
the receipt of federal reimbursement, the Director of Budget and 5,831
Management may, upon request of the Director of Public Safety, 5,832
transfer appropriation authority between General Revenue Fund
line items and may use general services and state special revenue 5,833
funds for this purpose in fiscal year 1998. 5,834
135
Section 11.06. Administration 5,836
State Highway Safety Fund Group 5,838
036 766-321 Operating Expense - 5,841
Administration $ 3,320,029 $ 3,317,217 5,843
830 761-603 Salvage and Exchange 5,845
- Administration $ 19,563 $ 20,111 5,847
TOTAL HSF State Highway Safety 5,848
Fund Group $ 3,339,592 $ 3,337,328 5,851
General Services Fund Group 5,854
4S3 766-661 Hilltop Utility 5,857
Reimbursement $ 1,000,000 $ 1,500,000 5,859
5C7 766-664 Data Services $ 4,933,326 $ 4,787,971 5,862
5C8 766-665 Hilltop Security $ 868,051 $ 902,304 5,864
TOTAL GSF General Services 5,865
Fund Group $ 6,801,377 $ 7,190,275 5,868
TOTAL ALL BUDGET FUND GROUPS - 5,869
Administration $ 10,140,969 $ 10,527,603 5,872
Section 11.07. Debt Service 5,875
State Highway Safety Fund Group 5,877
036 761-401 Lease Rental Payments $ 9,115,000 $ 13,339,000 5,882
TOTAL HSF State Highway Safety 5,883
Fund Group $ 9,115,000 $ 13,339,000 5,886
TOTAL ALL BUDGET FUND GROUPS - 5,887
Debt Service $ 9,115,000 $ 13,339,000 5,890
OBA Bond Authority/Lease Rental Payments 5,893
The foregoing appropriation item 761-401, Lease Rental 5,895
Payments, shall be used for payments to the Ohio Building 5,896
Authority for the period July 1, 1997, to June 30, 1999, pursuant 5,897
to the primary leases and agreements for those buildings made 5,898
under Chapter 152. of the Revised Code which are pledged for bond 5,899
service charges on related obligations issued pursuant to Chapter 5,900
152. of the Revised Code. Notwithstanding section 152.24 of the 5,901
Revised Code, the Ohio Building Authority may, with approval of 5,902
the Office of Budget and Management, lease capital facilities to 5,903
136
the Department of Public Safety. 5,904
Hilltop Transfer 5,906
The Director of Public Safety shall determine, per an 5,908
agreement with the Director of Transportation, the share of each 5,909
debt service payment made out of line item 761-401, Lease Rental 5,910
Payments, which relates to the Department of Transportation's 5,911
portion of the Hilltop Building Project, and shall certify to the 5,912
Director of Budget and Management the amounts of this share. The
Director of Budget and Management shall transfer such shares from 5,913
the Highway Operating Fund (Fund 002) to the Highway Safety Fund 5,914
(Fund 036).
Section 11.08. Revenue Distribution 5,916
Holding Account Redistribution Fund Group 5,918
R24 762-619 Unidentified Motor 5,921
Vehicle Receipts $ 1,600,000 $ 1,600,000 5,923
R27 764-608 Patrol Fee Refunds $ 35,000 $ 35,000 5,927
TOTAL 090 Holding Account 5,928
Redistribution Fund Group $ 1,635,000 $ 1,635,000 5,931
TOTAL ALL BUDGET FUND GROUPS - 5,932
Revenue Distribution $ 1,635,000 $ 1,635,000 5,935
TOTAL Department of Public Safety 5,937
TOTAL HSF State Highway Safety 5,939
Fund Group $ 308,664,846 $ 322,875,423 5,942
TOTAL SSR State Special Revenue 5,943
Fund Group $ 2,493,589 $ 2,549,661 5,946
TOTAL LCF Liquor Control 5,947
Fund Group $ 7,582,426 $ 7,775,467 5,950
TOTAL GSF General Services 5,951
Fund Group $ 7,610,406 $ 9,066,317 5,954
TOTAL FED Federal Revenue Special 5,955
Fund Group $ 6,419,019 $ 6,435,184 5,958
TOTAL 090 Holding Account 5,959
Redistribution
Fund Group $ 1,635,000 $ 1,635,000 5,962
137
TOTAL ALL BUDGET FUND GROUPS $ 334,405,286 $ 350,337,052 5,965
Section 11.09. Transfer of Funds 5,967
The Director of Budget and Management, pursuant to a plan 5,969
submitted by the Department of Public Safety or as otherwise 5,970
determined by the Director, shall set a monthly transfer schedule 5,971
to meet any estimated deficiency in the State Highway Safety Fund 5,972
(Fund 036) established in section 4501.06 of the Revised Code. 5,973
The Director shall transfer to the Highway Safety Fund from 5,975
the Highway Operating Fund (Fund 002) established in section 5,976
5735.291 of the Revised Code such amounts at such times as 5,977
determined by the transfer schedule. 5,978
Relocation to New Building 5,980
Notwithstanding sections 127.14 and 131.35 of the Revised 5,982
Code, the Department of Public Safety may request Controlling 5,983
Board approval to increase the appropriation for line items 5,985
761-321, Operating Expense - Information and Education; 761-612, 5,986
Traffic Safety - Federal; 761-625, Motorcycle Safety Education; 5,988
762-616, Financial Responsibility; 762-627, Automated Title 5,989
Processing Board; 762-632, Central Registration; 762-321,
Operating Expense - BMV; 762-410, License Supplement; 764-321, 5,991
Operating Expense - Highway Patrol; 765-624, Emergency Medical 5,992
Services; and, 766-321, Operating Expense - Administration, 5,993
during the biennium by the amount of anticipated expenses to be 5,994
incurred due to the relocation to a new physical facility which 5,996
were not included in the department's original budget submission. 5,997
Cash Balance Fund Review 5,999
Not later than April 1 in each fiscal year of the biennium, 6,001
the Director of Budget and Management shall review the cash 6,003
balances for each fund, except the State Highway Safety Fund 6,005
(Fund 036), in the State Highway Safety Fund Group and with the 6,006
advice of the Legislative Budget Officer shall recommend to the 6,007
Controlling Board an amount to be transferred to the credit of 6,009
the State Highway Safety Fund, or the Bureau of Motor Vehicles 6,010
Fund, as appropriate.
138
Section 12. DEV DEPARTMENT OF DEVELOPMENT 6,011
State Special Revenue Fund Group 6,013
4W0 195-629 Roadwork Development $ 13,000,000 $ 13,000,000 6,018
TOTAL SSR State Special Revenue 6,019
Fund Group $ 13,000,000 $ 13,000,000 6,022
TOTAL ALL BUDGET FUND GROUPS $ 13,000,000 $ 13,000,000 6,025
Roadwork Development Fund 6,027
The Roadwork Development Fund shall be used for road 6,029
improvements associated with economic development opportunities 6,030
that will retain or attract businesses for Ohio. "Road 6,031
improvements" are improvements to public roadway facilities
located on, or serving or capable of serving, a project site. 6,032
The Department of Transportation, under the direction of 6,034
the Department of Development, shall provide these funds in 6,035
accordance with all guidelines and requirements established for 6,036
Department of Development item 195-412, Business Development, 6,037
including Controlling Board review and approval as well as the
requirements for usage of gas tax revenue prescribed in Section 6,038
5a of Article XII, Ohio Constitution. Should the Department of 6,040
Development require the assistance of the Department of 6,041
Transportation to bring a project to completion, the Department 6,042
of Transportation shall use the authority under Title LV of the 6,043
Revised Code to provide such assistance and enter into contracts 6,044
on behalf of the Department of Development. In addition, these
funds may be used in conjunction with item 195-412, Business 6,046
Development, or any other state funds appropriated for 6,047
infrastructure improvements.
The Director of Budget and Management, pursuant to a plan 6,049
submitted by the Department of Development or as otherwise 6,050
determined by the Director, shall set a transfer schedule to meet 6,052
any estimated deficiency in the Department of Development's 6,053
Roadwork Development Fund (Fund 4W0). The Director shall 6,054
transfer to the Roadwork Development Fund from the Highway 6,055
Operating Fund (Fund 002), established in section 5735.291 of the 6,056
139
Revised Code, such amounts at such times as determined by the 6,057
transfer schedule.
Transportation Improvement District 6,059
Of the foregoing appropriation item 195-629, Roadwork 6,061
Development, $250,000 each fiscal year of the biennium shall be 6,062
paid by the Director of Development to the Butler County 6,063
Transportation Improvement District to support its administrative 6,064
activities pursuant to section 5540.16 of the Revised Code.
These payments shall not be subject to the restrictions of 6,065
appropriation item 195-629, Roadwork Development. 6,066
Section 13. DOH DEPARTMENT OF HEALTH 6,068
State Special Revenue Fund Group 6,070
4W7 440-612 Indigent Persons Care $ 4,722,750 $ 4,855,533 6,075
4W7 440-615 Alcohol Testing and 6,077
Permit $ 708,409 $ 726,664 6,079
TOTAL SSR State Special Revenue 6,080
Fund Group $ 5,431,159 $ 5,582,197 6,083
TOTAL ALL BUDGET FUND GROUPS $ 5,431,159 $ 5,582,197 6,086
Cash Draws from Department of Transportation to Health 6,088
The Director of Budget and Management, pursuant to a plan 6,090
submitted by the Department of Health or as otherwise determined 6,091
by the Director, shall set a transfer schedule to meet any 6,093
estimated deficiency in the Indigent Persons Care and Alcohol
Testing Fund (Fund 4W7) established in section 3701.66 of the 6,095
Revised Code.
The Director shall transfer to the Indigent Persons Care 6,097
and Alcohol Testing Fund from the Highway Operating Fund (Fund 6,099
002) established in section 5735.291 of the Revised Code such 6,100
amounts at such times as determined by the transfer schedule. 6,101
Section 14. PWC PUBLIC WORKS COMMISSION 6,103
Local Transportation Improvements Fund Group 6,105
052 150-402 LTIP - Operating $ 362,295 $ 387,817 6,110
052 150-701 Local Transportation 6,112
Improvement Program $ 60,000,000 $ 60,000,000 6,114
140
TOTAL 052 Local Transportation 6,115
Improvements Fund Group $ 60,362,295 $ 60,387,817 6,118
Local Infrastructure Improvements Fund Group 6,121
038 150-321 Operating Expenses $ 846,687 $ 912,360 6,126
TOTAL LIF Local Infrastructure 6,127
Improvements
Fund Group $ 846,687 $ 912,360 6,130
TOTAL ALL BUDGET FUND GROUPS $ 61,208,982 $ 61,300,177 6,133
District Administration Costs 6,136
The Director of the Public Works Commission is authorized 6,138
to create a District Administration Costs program from interest 6,139
earnings of the Capital Improvements Fund and Local 6,141
Transportation Improvement Program Fund proceeds. This program 6,143
shall be used to provide for administration costs of the nineteen 6,144
public works districts for the direct costs of district 6,146
administration. Districts choosing to participate in this 6,147
program shall only expend Capital Improvements Fund moneys for 6,149
Capital Improvements Fund costs and Local Transportation 6,150
Improvement Program Fund moneys for Local Transportation 6,151
Improvement Program Fund costs. The account shall not exceed 6,152
$760,000 per fiscal year. Each public works district may be
eligible for up to $40,000 per fiscal year from its district 6,153
allocation as provided in sections 164.08 and 164.14 of the 6,154
Revised Code. 6,155
The Director, by rule, shall define allowable and 6,157
nonallowable costs for the purpose of the District Administration 6,158
Costs program. Nonallowable costs shall include indirect costs, 6,159
elected official salaries and benefits, and project-specific 6,161
costs. No district public works committee may participate in the 6,162
District Administration Costs program without the approval of 6,163
those costs by the district public works committee pursuant to 6,165
section 164.04 of the Revised Code. 6,167
Reappropriations and Transfers 6,169
All appropriations to the Local Transportation Improvement 6,171
141
Program Fund (Fund 052) made in Am. Sub. H.B. 107 of the 121st 6,172
General Assembly remaining unencumbered as of June 30, 1997, are 6,173
reappropriated for use during the period July 1, 1997 through 6,174
June 30, 1999, for the same purpose. 6,175
Notwithstanding division (B) of section 127.14 of the 6,177
Revised Code, all appropriations and reappropriations to the 6,178
Local Transportation Improvement Program Fund (Fund 052) made in 6,179
this act remaining unencumbered at June 30, 1998, may be 6,181
transferred to fiscal year 1999 for the same purpose, subject to 6,183
the availability of revenue as determined by the Director of the 6,184
Public Works Commission. 6,185
The Public Works Commission shall report all 6,187
reappropriations and transfers described in this section to the 6,188
Controlling Board by August 1 of each year. 6,189
Section 15. Administrative Funds 6,191
As determined by the Director of Budget and Management, and 6,193
pursuant to a plan submitted by the Director of Public Safety, 6,194
any appropriate portion of the revenues due and uses ascribed to 6,195
the administrative funds created to service the Hilltop Project 6,196
may be transferred from the various funds affected to provide 6,197
seed money to the applicable administrative fund. Said amounts
shall be credited against the various fund obligations as they 6,198
are recognized.
Section 16. Within the limits set forth in this act, the 6,200
Director of Budget and Management shall establish accounts 6,201
indicating the source and amount of funds for each item of 6,202
appropriation made in this act, and shall determine the form and 6,203
manner in which such appropriation accounts shall be maintained. 6,204
Expenditures from appropriations contained in this act may be 6,205
accounted as though made in the main operating appropriations act 6,207
of the 122nd General Assembly.
Section 17. That Section 104 of Am. Sub. H.B. 117 of the 6,209
121st General Assembly be amended to be read as follows: 6,210
"Sec. 104. CSF COMMISSIONERS OF THE SINKING FUND 6,212
142
General Revenue Fund 6,214
GRF 155-900 Debt Service $ 28,401,000 $ 30,616,000 6,219
TOTAL GRF General Revenue Fund $ 28,401,000 $ 30,616,000 6,222
Debt Service Fund Group 6,224
059 155-900 Development Bond 6,227
Retirement Fund $ 4,253,400 $ 0 6,229
071 155-900 Highway Obligations 6,231
Bond Retirement Fund $ 115,000,000 $ 115,000,000 6,233
072 155-900 HIGHWAY CAPITAL 6,235
IMPROVEMENTS BOND 6,236
SERVICE $ 0 $ 6,498,000 6,238
076 155-900 Coal Research and 6,240
Development Bond
Retirement Fund $ 12,641,825 $ 11,304,075 6,242
073 155-900 Natural Resources 6,244
Bond Retirement $ 7,753,000 $ 8,506,000 6,246
TOTAL DSF Debt Service Fund Group $ 139,648,225 134,810,075 6,249
$ 141,308,075 6,250
TOTAL ALL BUDGET FUND GROUPS $ 168,049,225 165,426,075 6,253
$ 171,929,075 6,254
Additional Appropriations 6,256
Appropriation items in this section are for the purpose of 6,258
paying the principal and interest on bonds or other instruments 6,259
of indebtedness of this state issued pursuant to the Ohio 6,260
Constitution and acts of the General Assembly. If it is 6,261
determined that additional appropriations are necessary, such 6,262
amounts are hereby appropriated. 6,263
HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE 6,267
APPROPRIATION ITEM 155-900, HIGHWAY CAPITAL IMPROVEMENTS 6,270
BOND SERVICE, IS TO PAY DEBT SERVICE ON HIGHWAY IMPROVEMENTS AND 6,271
IS THEREFORE A CURRENT EXPENSE OF STATE GOVERNMENT. 6,272
TRANSFER TO HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE FUND 6,276
UPON THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONERS 6,278
OF THE SINKING FUND SHALL CERTIFY TO THE DIRECTOR OF BUDGET AND 6,280
143
MANAGEMENT AND THE DIRECTOR OF TRANSPORTATION THE AMOUNT OF MONEY 6,281
REQUIRED DURING FISCAL YEAR 1997 TO MAKE IN FULL ALL REQUIRED 6,282
PAYMENTS OF BOND SERVICE CHARGES AND FINANCING COSTS FOR ALL 6,283
BONDS ISSUED PURSUANT TO SECTION 5528.54 OF THE REVISED CODE.
UPON RECEIPT OF THIS CERTIFICATION, THE DIRECTOR OF BUDGET AND 6,285
MANAGEMENT, IN CONSULTATION WITH THE DIRECTOR OF TRANSPORTATION, 6,286
SHALL TRANSFER CASH IN AN AMOUNT EQUAL TO THAT CERTIFIED FROM THE 6,287
HIGHWAY OPERATING FUND (FUND 002) CREATED IN SECTION 5735.291 OF 6,288
THE REVISED CODE TO THE HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE 6,290
FUND (FUND 072) CREATED IN SECTION 5528.55 OF THE REVISED CODE." 6,291
Section 18. That existing Section 104 of Am. Sub. H.B. 117 6,293
of the 121st General Assembly is hereby repealed. 6,294
Section 19. Except as otherwise specifically provided in 6,296
this act, a section of the Revised Code contained within the 6,297
purview of Sections 1 and 2 of this act is not subject to the 6,298
referendum. Therefore, under Ohio Constitution, Article II, 6,299
Section 1d and section 1.471 of the Revised Code, the sections of 6,301
the Revised Code contained within the purview of Sections 1 and 2 6,302
of this act, except as otherwise specifically provided in this 6,303
act, go into immediate effect when this act becomes law.
The repeal of sections of the Revised Code by Section 2 of 6,305
this act is not subject to the referendum. Therefore, under Ohio 6,306
Constitution, Article II, Section 1d and section 1.471 of the 6,307
Revised Code, the repeal goes into immediate effect when this act 6,309
becomes law.
Section 20. Sections 121.05, 121.08, 4501.03, 4501.14, 6,311
4501.15, 4501.19, 4503.102, 4505.111, 4981.34, 5501.32, 5501.34, 6,312
5501.37, 5502.12, 5513.01, 5513.04, 5735.05, and 5735.23 of the 6,313
Revised Code, as amended within the purview of Sections 1 and 2 6,314
of this act, are subject to the referendum. Therefore, under 6,315
Ohio Constitution, Article II, Section 1c and section 1.471 of 6,316
the Revised Code, such sections of the Revised Code as amended 6,317
within the purview of Sections 1 and 2 of this act take effect on 6,319
the ninety-first day after this act is filed with the Secretary 6,320
144
of State. If, however, a referendum petition is filed against 6,321
any such section of the Revised Code as amended within the 6,322
purview of Sections 1 and 2 of this act, the section as amended, 6,323
unless rejected at the referendum, takes effect at the earliest 6,324
time permitted by law.
Section 21. The items in the uncodified sections of law 6,326
contained in this act that appropriate money for the current 6,327
expenses of state government, earmark this class of 6,328
appropriations, or depend for their implementation upon an 6,329
appropriation for the current expenses of state government are 6,330
not subject to the referendum. Therefore, under Ohio 6,331
Constitution, Article II, Section 1d and section 1.471 of the 6,332
Revised Code, these items go into immediate effect when this act 6,333
becomes law. 6,334
The items in the uncodified sections of law contained in 6,336
this act that appropriate money other than for the current 6,337
expenses of state government, earmark this class of 6,338
appropriations, or do not depend for their implementation upon an 6,339
appropriation for the current expenses of state government are 6,340
subject to the referendum. Therefore, under Ohio Constitution, 6,341
Article II, Section 1c and section 1.471 of the Revised Code, 6,342
these items take effect on the ninety-first day after this act is 6,343
filed with the Secretary of State. If, however, a referendum 6,344
petition is filed against such an item, the item, unless rejected 6,345
at the referendum, takes effect at the earliest time permitted by 6,346
law.
This section is not subject to the referendum. Therefore, 6,348
under Ohio Constitution, Article II, Section 1d and section 1.471 6,349
of the Revised Code, this section goes into immediate effect when 6,350
this act becomes law. 6,351
Section 22. (A) Section 121.05 of the Revised Code is 6,353
presented in this act as a composite of the section as amended by 6,354
both Sub. H.B. 572 and Am. Sub. S.B. 293 of the 121st General 6,355
Assembly, with the new language of neither of the acts shown in 6,357
145
capital letters. Section 3701.66 of the Revised Code is 6,358
presented in this act as a composite of the section as amended by 6,359
both Am. Sub. H.B. 107 and Am. H.B. 249 of the 121st General 6,360
Assembly, with the new language of neither of the acts shown in 6,361
capital letters. Section 3701.83 of the Revised Code is 6,362
presented in this act as a composite of the section as amended by 6,363
both Sub. S.B. 19 and Am. Sub. S.B. 162 of the 121st General 6,364
Assembly, with the new language of neither of the acts shown in 6,365
capital letters. Section 4511.191 of the Revised Code is 6,366
presented in Section 1 of this act as a composite of the section 6,367
as amended by both Am. Sub. H.B. 353 and Am. Sub. S.B. 166 of the 6,368
121st General Assembly, with the new language of neither of the 6,369
acts shown in capital letters. This is in recognition of the 6,371
principle stated in division (B) of section 1.52 of the Revised 6,372
Code that such amendments are to be harmonized where not 6,373
substantively irreconcilable and constitutes a legislative 6,374
finding that such is the resulting version in effect prior to the 6,375
effective date of this act.
(B) Section 4511.191 of the Revised Code is presented in 6,377
Section 3 of this act as a composite of the section as amended by 6,379
both Am. Sub. H.B. 353 and Am. Sub. S.B. 166 of the 121st General 6,380
Assembly, with the new language of neither of the acts shown in 6,382
capital letters. This is in recognition of the principle stated 6,383
in division (B) of section 1.52 of the Revised Code that such 6,384
amendments are to be harmonized where not substantively 6,385
irreconcilable and constitutes a legislative finding that such is 6,386
the resulting version in effect prior to May 15, 1997. 6,387