As Reported by the House Finance and Appropriations Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 210 5
1997-1998 6
REPRESENTATIVES CORE-JOHNSON-SYKES-THOMAS-O'BRIEN-MEAD-VESPER- 8
THOMPSON-TAVARES-PERZ-BOYD-VERICH-METZGER-CATES-FOX-CORBIN- 9
MALLORY-METELSKY-WILSON-OPFER-PRENTISS-ROBERTS-WILSON 10
12
A B I L L
To amend sections 121.05, 121.08, 308.13, 2925.44, 14
2933.43, 3701.022, 3701.07, 3701.83, 4301.12, 15
4501.03, 4501.14, 4501.15, 4501.19, 4501.20, 16
4501.22, 4503.102, 4503.191, 4503.51, 4503.52, 17
4503.55, 4503.56, 4505.11, 4505.111, 4506.24, 19
4511.101, 4511.102, 4511.191, 4511.951, 4981.09, 20
4981.34, 5112.17, 5501.01, 5501.311, 5501.32, 21
5501.34, 5501.37, 5502.01, 5502.12, 5513.01, 22
5513.04, 5513.06, 5515.01, 5516.01, 5516.02, 24
5516.03, 5516.04, 5516.06, 5516.061, 5516.07, 25
5516.08, 5516.10, 5516.11, 5516.12, 5516.13, 26
5516.99, 5525.03, 5525.07, 5529.03, 5531.09, 27
5531.10, 5540.01, 5540.03, 5735.05, 5735.12, 29
5735.145, 5735.19, 5735.23, 5735.29, and 6101.16,
to enact new section 5516.09 and sections 30
4501.16, 4501.28, 4507.45, 5512.01 to 5512.11, 31
and 5516.14, and to repeal sections 3701.61, 32
3701.611, 3701.62, 3701.63, 3701.64, 3701.65, 33
3701.66, 3701.67, 3701.68, 3701.69, 4501.21, 34
4501.23, 4981.151, 4981.152, 5515.05, 5516.09, 35
and 5735.146 of the Revised Code, and to amend 37
Sections 104 and 201 of Am. Sub. H.B. 117 of the 38
121st General Assembly, to make appropriations 39
and reappropriations for highways and 40
transportation-related programs for the 1997-1999 41
biennium, to provide authorizations and 42
2
conditions for the operation of programs related 43
to transportation and public safety, to eliminate 44
the ethanol credit allowed against the motor 46
fuel tax, to eliminate the program to reimburse 47
hospitals for indigent care using motor fuel tax 48
money, to raise the competitive bidding 50
threshold for purchases by a regional airport 51
authority or conservancy district, to require 53
that the Department of Commerce have two 54
assistant directors, and to maintain the 55
provisions of this act on and after March 4, 57
1998, by amending the version of section 5513.01 58
of the Revised Code that takes effect on that 59
date. 60
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 62
Section 1. That sections 121.05, 121.08, 308.13, 2925.44, 65
2933.43, 3701.022, 3701.07, 3701.83, 4301.12, 4501.03, 4501.14, 67
4501.15, 4501.19, 4501.20, 4501.22, 4503.102, 4503.191, 4503.51,
4503.52, 4503.55, 4503.56, 4505.11, 4505.111, 4506.24, 4511.101, 69
4511.102, 4511.191, 4511.951, 4981.09, 4981.34, 5112.17, 5501.01, 70
5501.311, 5501.32, 5501.34, 5501.37, 5502.01, 5502.12, 5513.01, 71
5513.04, 5513.06, 5515.01, 5516.01, 5516.02, 5516.03, 5516.04, 73
5516.06, 5516.061, 5516.07, 5516.08, 5516.10, 5516.11, 5516.12, 74
5516.13, 5516.99, 5525.03, 5525.07, 5529.03, 5531.09, 5531.10, 76
5540.01, 5540.03, 5735.05, 5735.12, 5735.145, 5735.19, 5735.23,
5735.29, and 6101.16 be amended and new section 5516.09 and 77
sections 4501.16, 4501.28, 4507.45, 5512.01, 5512.02, 5512.03, 79
5512.04, 5512.05, 5512.06, 5512.07, 5512.08, 5512.09, 5512.10, 80
5512.11, and 5516.14 of the Revised Code be enacted to read as 81
follows:
Sec. 121.05. Except as otherwise provided in this section, 92
in each department there shall be an assistant director 93
designated by the director of that department. In the department 94
3
of health there shall be two assistant directors, each of whom 95
shall be designated by the director of health. In the department 96
of transportation there shall be an assistant director for 97
business management, an assistant director for field operations, 98
and an assistant director for transportation policy, each of whom 100
shall be designated by the director of transportation. In the
department of insurance the deputy superintendent of insurance 102
shall be the assistant director. In the department of
administrative services, there shall be two assistant directors, 103
each of whom shall be designated by the director of 104
administrative services. IN THE DEPARTMENT OF COMMERCE, THERE 105
SHALL BE TWO ASSISTANT DIRECTORS, EACH OF WHOM SHALL BE 106
DESIGNATED BY THE DIRECTOR OF COMMERCE. In each department, the 107
assistant director shall act as director in the absence or 108
disability of the director and also shall act as director when 109
the position of director is vacant, except that in the department 110
of transportation, the department of health, THE DEPARTMENT OF 111
COMMERCE, and the department of administrative services the 113
director shall designate which assistant director shall act as 114
director in the director's absence. 115
A director may designate any of the director's assistant 117
directors or a deputy director to serve in the director's place 118
as a member of any board, committee, authority, or commission of 120
which the director is, by law, a member. The designee, when 121
present, shall be counted in determining whether a quorum is 122
present at any meeting. The Such a designee may vote and 124
participate in all proceedings and actions of the board,
committee, authority, or commission, provided that the designee 125
shall not execute or cause a facsimile of the designee's 126
signature to be placed on any obligation, or execute any trust 128
agreement or indenture. Such designation shall be in writing, 129
executed by the designating director, filed with the secretary of 130
the board, committee, authority, or commission, and shall be in 131
effect until withdrawn or superseded by a new designation. 132
4
Sec. 121.08. (A) There is hereby created in the 141
department of commerce the position of deputy director of 142
administration. This officer shall be appointed by the director 143
of commerce, serve under the director's direction, supervision, 145
and control, perform such duties as the director prescribes, and 146
hold office during the director's pleasure. The DIRECTOR OF 147
COMMERCE MAY DESIGNATE AN assistant director of commerce may TO 148
serve as the deputy director of administration. The deputy 149
director of administration shall perform such duties as are 151
prescribed by the director of commerce in supervising the
activities of the division of administration of the department of 152
commerce. 153
(B) Except as provided in section 121.07 of the Revised 155
Code, the department of commerce shall have all powers and 156
perform all duties vested in the deputy director of 157
administration, the state fire marshal, the superintendent of 159
financial institutions, the superintendent of real estate, the 160
superintendent of liquor control, the superintendent of the 161
division of industrial compliance, and the commissioner of 162
securities, and shall have all powers and perform all duties 163
vested by law in all officers, deputies, and employees of such 164
offices. Except as provided in section 121.07 of the Revised 165
Code, wherever powers are conferred or duties imposed upon any of 166
such officers, such powers and duties shall be construed as 167
vested in the department of commerce. 168
(C)(1) There is hereby created in the department of 170
commerce a division of financial institutions, which shall have 171
all powers and perform all duties vested by law in the 173
superintendent of financial institutions. Wherever powers are 174
conferred or duties imposed upon the superintendent of financial 175
institutions, such powers and duties shall be construed as vested 176
in the division of financial institutions. The division of 177
financial institutions shall be administered by a superintendent 179
of financial institutions.
5
(2) All provisions of law governing the superintendent of 181
financial institutions shall apply to and govern the 183
superintendent of financial institutions provided for in this 185
section; all authority vested by law in the superintendent of 186
financial institutions with respect to the management of the 187
division of financial institutions shall be construed as vested 188
in the superintendent of financial institutions created by this 189
section with respect to the division of financial institutions 191
provided for in this section; and all rights, privileges, and 193
emoluments conferred by law upon the superintendent of financial 194
institutions shall be construed as conferred upon the 195
superintendent of financial institutions as head of the division 196
of financial institutions. The director of commerce shall not 198
transfer from the division of financial institutions any of the 199
functions specified in division (C)(2) of this section. 201
(D) Beginning on July 1, 1997, there is hereby created in 203
the department of commerce a division of liquor control, which 204
shall have all powers and perform all duties vested by law in the 205
superintendent of liquor control. Wherever powers are conferred 206
or duties are imposed upon the superintendent of liquor control, 208
those powers and duties shall be construed as vested in the
division of liquor control. The division of liquor control shall 209
be administered by a superintendent of liquor control. 210
(E) The director of commerce shall not be interested, 212
directly or indirectly, in any firm or corporation which is a 214
dealer in securities as defined in sections 1707.01 and 1707.14 215
of the Revised Code, or in any firm or corporation licensed under 216
sections 1321.01 to 1321.19 of the Revised Code. 217
(F) The director of commerce shall not have any official 219
connection with a savings and loan association, a savings bank, a 222
bank, a bank holding company, a savings and loan association 223
holding company, a consumer finance company, or a credit union 224
that is under the supervision of the division of financial
institutions, or a subsidiary of any of the preceding entities, 226
6
or be interested in the business thereof.
(G) There is hereby created in the state treasury the 228
division of administration fund. The fund shall receive 230
assessments on the operating funds of the department of commerce 231
in accordance with procedures prescribed by the director of 232
commerce and approved by the director of budget and management. 233
All operating expenses of the division of administration shall be 234
paid from the division of administration fund. 235
Sec. 308.13. (A) The board of trustees of a regional 245
airport authority or any officer or employee designated by such 246
board may make any contract for the purchase of supplies or 247
material or for labor for any work, under the supervision of the 248
board, the cost of which shall not exceed five FIFTEEN thousand 249
dollars. Except where the contract is for equipment, materials, 251
or supplies available from a qualified nonprofit agency pursuant 252
to sections 4115.31 to 4115.35 of the Revised Code, when an 253
expenditure, other than for the acquisition of real estate, the 254
discharge of noncontractual claims, personal services, or for the 255
product or services of public utilities, exceeds five FIFTEEN 256
thousand dollars, such expenditure shall be made only after a 258
notice calling for bids has been published once a week for three 259
consecutive weeks in at least one newspaper of general 260
circulation within the territorial boundaries of the regional 261
airport authority. If the bid is for a contract for the 262
construction, demolition, alteration, repair, or reconstruction 263
of an improvement, it shall meet the requirements of section 264
153.54 of the Revised Code. If the bid is for any other contract 265
authorized by this section, it shall be accompanied by a good and 266
approved bond with ample security conditioned on the carrying out 267
of the contract. The board may let the contract to the lowest 268
and best bidder. Such contract shall be in writing and shall be 269
accompanied by or shall refer to plans and specifications for the 270
work to be done, approved by the board. The plans and 271
specifications shall at all times be made and considered part of 272
7
the contract. Said contract shall be approved by the board and 273
signed by its chief executive officer and by the contractor, and 274
shall be executed in duplicate. 275
(B) Whenever a board of trustees of a regional airport 277
authority or any officer or employee designated by the board 278
makes a contract for the purchase of supplies or material or for 279
labor for any work, the cost of which is greater than one 280
thousand dollars but no more than five FIFTEEN thousand dollars, 281
the board or designated officer or employee shall solicit 283
informal estimates from no fewer than three potential suppliers 284
before awarding the contract. With regard to each such contract, 285
the board shall maintain a record of such estimates, including 286
the name of each person from whom an estimate is solicited, for 287
no less than one year after the contract is awarded. 288
Sec. 2925.44. (A) If property is seized pursuant to 297
section 2925.42 or 2925.43 of the Revised Code, it is deemed to 298
be in the custody of the head of the law enforcement agency that 299
seized it, and the head of that agency may do any of the 300
following with respect to that property prior to its disposition 302
in accordance with division (A)(4) or (B) of this section: 303
(1) Place the property under seal; 305
(2) Remove the property to a place that the head of that 307
agency designates; 308
(3) Request the issuance of a court order that requires 310
any other appropriate municipal corporation, county, township, 311
park district created pursuant to section 511.18 or 1545.01 of 313
the Revised Code, or state law enforcement officer or other
officer to take custody of the property and, if practicable, 314
remove it to an appropriate location for eventual disposition in 315
accordance with division (B) of this section; 316
(4)(a) Seek forfeiture of the property pursuant to federal 318
law. If the head of that agency seeks its forfeiture pursuant to 319
federal law, the law enforcement agency shall deposit, use, and 321
account for proceeds from a sale of the property upon its 322
8
forfeiture, proceeds from another disposition of the property 323
upon its forfeiture, or forfeited moneys it receives, in 324
accordance with the applicable federal law and otherwise shall 325
comply with that law. 326
(b) If the state highway patrol seized the property and if 328
the superintendent of the state highway patrol seeks its 329
forfeiture pursuant to federal law, the appropriate governmental 330
officials shall deposit into the state highway patrol contraband, 331
forfeiture, and other fund all interest or other earnings derived 332
from the investment of the proceeds from a sale of the property
upon its forfeiture, the proceeds from another disposition of the 333
property upon its forfeiture, or the forfeited moneys. The state 334
highway patrol shall use and account for that interest or other 335
earnings in accordance with the applicable federal law. 336
(c) IF THE LIQUOR ENFORCEMENT UNIT OF THE DEPARTMENT OF 338
PUBLIC SAFETY SEIZED THE PROPERTY AND IF THE DIRECTOR OF PUBLIC 339
SAFETY SEEKS ITS FORFEITURE PURSUANT TO FEDERAL LAW, THE 340
APPROPRIATE GOVERNMENTAL OFFICIALS SHALL DEPOSIT INTO THE LIQUOR 341
ENFORCEMENT CONTRABAND, FORFEITURE, AND OTHER FUND ALL INTEREST 342
OR OTHER EARNINGS DERIVED FROM THE INVESTMENT OF THE PROCEEDS 343
FROM A SALE OF THE PROPERTY UPON ITS FORFEITURE, THE PROCEEDS 344
FROM ANOTHER DISPOSITION OF THE PROPERTY UPON ITS FORFEITURE, OR 345
THE FORFEITED MONEYS. THE DEPARTMENT SHALL USE AND ACCOUNT FOR 346
THAT INTEREST OR OTHER EARNINGS IN ACCORDANCE WITH THE APPLICABLE 347
FEDERAL LAW. 348
(d) IF THE FOOD STAMP FRAUD UNIT OF THE DEPARTMENT OF 351
PUBLIC SAFETY SEIZED THE PROPERTY AND IF THE DIRECTOR OF PUBLIC 352
SAFETY SEEKS ITS FORFEITURE PURSUANT TO FEDERAL LAW, THE 353
APPROPRIATE GOVERNMENTAL OFFICIALS SHALL DEPOSIT INTO THE FOOD 354
STAMP CONTRABAND, FORFEITURE, AND OTHER FUND ALL INTEREST OR 355
OTHER EARNINGS DERIVED FROM THE INVESTMENT OF THE PROCEEDS FROM A 356
SALE OF THE PROPERTY UPON ITS FORFEITURE, THE PROCEEDS FROM 357
ANOTHER DISPOSITION OF THE PROPERTY UPON ITS FORFEITURE, OR THE 358
FORFEITED MONEYS. THE DEPARTMENT SHALL USE AND ACCOUNT FOR THAT 359
9
INTEREST OR OTHER EARNINGS IN ACCORDANCE WITH THE APPLICABLE 360
FEDERAL LAW.
(e) Division (B) of this section and divisions (D)(1) to 362
(3) of section 2933.43 of the Revised Code do not apply to 363
proceeds or forfeited moneys received pursuant to federal law or 364
to the interest or other earnings that are derived from the 365
investment of proceeds or forfeited moneys received pursuant to 366
federal law and that are described in division (A)(4)(b) of this 367
section.
(B) In addition to complying with any requirements imposed 369
by a court pursuant to section 2925.42 or 2925.43 of the Revised 370
Code, and the requirements imposed by those sections, in relation 371
to the disposition of property forfeited to the state under 372
either of those sections, the prosecuting attorney who is 373
responsible for its disposition shall dispose of the property as 374
follows: 375
(1) Any vehicle, as defined in section 4501.01 of the 377
Revised Code, that was used in a felony drug abuse offense or in 378
an act that, if committed by an adult, would be a felony drug 379
abuse offense shall be given to the law enforcement agency of the 380
municipal corporation or county in which the offense occurred if 381
that agency desires to have the vehicle, except that, if the 382
offense occurred in a township or in a park district created 383
pursuant to section 511.18 or 1545.01 of the Revised Code and a 384
law enforcement officer employed by the township or the park 385
district was involved in the seizure of the vehicle, the vehicle 387
may be given to the law enforcement agency of that township or 388
park district if that agency desires to have the vehicle, and 389
except that, if the state highway patrol made the seizure of the 390
vehicle, the vehicle may be given to the state highway patrol if 391
it desires to have the vehicle. 392
(2) Any drug paraphernalia that was used, possessed, sold, 394
or manufactured in a violation of section 2925.14 of the Revised 395
Code that would be a felony drug abuse offense or in a violation 396
10
of that section committed by a juvenile that, if committed by an 397
adult, would be a felony drug abuse offense, may be given to the 398
law enforcement agency of the municipal corporation or county in 399
which the offense occurred if that agency desires to have and can 400
use the drug paraphernalia, except that, if the offense occurred 401
in a township or in a park district created pursuant to section 402
511.18 or 1545.01 of the Revised Code and a law enforcement 403
officer employed by the township or the park district was 404
involved in the seizure of the drug paraphernalia, the drug 406
paraphernalia may be given to the law enforcement agency of that 407
township or park district if that agency desires to have and can 408
use the drug paraphernalia. If the drug paraphernalia is not so 409
given, it shall be disposed of by sale pursuant to division 410
(B)(8) of this section or disposed of in another manner that the 411
court that issued the order of forfeiture considers proper under 412
the circumstances.
(3) Drugs shall be disposed of pursuant to section 3719.11 414
of the Revised Code or placed in the custody of the secretary of 415
the treasury of the United States for disposal or use for medical 416
or scientific purposes under applicable federal law. 417
(4) Firearms and dangerous ordnance suitable for police 419
work may be given to a law enforcement agency for that purpose. 420
Firearms suitable for sporting use, or as museum pieces or 421
collectors' items, may be disposed of by sale pursuant to 422
division (B)(8) of this section. Other firearms and dangerous 423
ordnance shall be destroyed by a law enforcement agency or shall 424
be sent to the bureau of criminal identification and 425
investigation for destruction by it. As used in this division, 426
"firearms" and "dangerous ordnance" have the same meanings as in 427
section 2923.11 of the Revised Code. 428
(5) Computers, computer networks, computer systems, and 430
computer software suitable for police work may be given to a law 431
enforcement agency for that purpose. Other computers, computer 432
networks, computer systems, and computer software shall be 433
11
disposed of by sale pursuant to division (B)(8) of this section 434
or disposed of in another manner that the court that issued the 435
order of forfeiture considers proper under the circumstances. As 436
used in this division, "computers," "computer networks," 437
"computer systems," and "computer software" have the same 438
meanings as in section 2913.01 of the Revised Code. 439
(6) Obscene materials shall be destroyed. 441
(7) Beer, intoxicating liquor, and alcohol shall be 443
disposed of in accordance with division (D)(4) of section 2933.41 444
of the Revised Code. 445
(8) In the case of property not described in divisions 447
(B)(1) to (7) of this section and of property described in those 448
divisions but not disposed of pursuant to them, the property 449
shall be sold in accordance with division (B)(8) of this section 450
or, in the case of forfeited moneys, disposed of in accordance 452
with division (B)(8) of this section. If the property is to be 454
sold, the prosecuting attorney shall cause a notice of the 455
proposed sale of the property to be given in accordance with law, 456
and the property shall be sold, without appraisal, at a public 457
auction to the highest bidder for cash. The proceeds of a sale 458
and forfeited moneys shall be applied in the following order: 459
(a) First, to the payment of the costs incurred in 461
connection with the seizure of, storage of, maintenance of, and 462
provision of security for the property, the forfeiture proceeding 463
or civil action, and, if any, the sale; 464
(b) Second, the remaining proceeds or forfeited moneys 466
after compliance with division (B)(8)(a) of this section, to the 467
payment of the value of any legal right, title, or interest in 468
the property that is possessed by a person who, pursuant to 469
division (F) of section 2925.42 of the Revised Code or division 470
(E) of section 2925.43 of the Revised Code, established the 471
validity of and consequently preserved that legal right, title, 472
or interest, including, but not limited to, any mortgage, 473
perfected or other security interest, or other lien in the 474
12
property. The value of these rights, titles, or interests shall 475
be paid according to their record or other order of priority. 476
(c) Third, the remaining proceeds or forfeited moneys 478
after compliance with divisions (B)(8)(a) and (b) of this 479
section, as follows: 480
(i) If the forfeiture was ordered in a juvenile court, ten 482
per cent to one or more alcohol and drug addiction treatment 483
programs that are certified by the department of alcohol and drug 484
addiction services under section 3793.06 of the Revised Code and 485
that are specified in the order of forfeiture. A juvenile court 486
shall not specify an alcohol or drug addiction treatment program
in the order of forfeiture unless the program is a certified 487
alcohol and drug addiction treatment program and, except as 488
provided in division (B)(8)(c)(i) of this section, unless the 490
program is located in the county in which the court that orders
the forfeiture is located or in a contiguous county. If no 491
certified alcohol and drug addiction treatment program is located 492
in any of those counties, the juvenile court may specify in the 493
order a certified alcohol and drug addiction treatment program 494
located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court, 496
ninety per cent, and if the forfeiture was ordered in a court 498
other than a juvenile court, one hundred per cent to appropriate 501
funds in accordance with divisions (D)(1)(c) and (2) of section 502
2933.43 of the Revised Code. The remaining proceeds or forfeited 503
moneys so deposited shall be used only for the purposes 504
authorized by those divisions and division (D)(3)(a)(ii) of that 505
section.
(C)(1) Sections 2925.41 to 2925.45 of the Revised Code do 507
not preclude a financial institution that possessed a valid 508
mortgage, security interest, or lien that is not satisfied prior 509
to a sale under division (B)(8) of this section or following a 510
sale by application of division (B)(8)(b) of this section, from 511
commencing a civil action in any appropriate court in this or 512
13
another state to obtain a deficiency judgment against the debtor 513
if the financial institution otherwise would have been entitled 514
to do so in this or another state. 515
(2) Any law enforcement agency that obtains any vehicle 517
pursuant to division (B)(1) of this section shall take the 518
vehicle subject to the outstanding amount of any security 519
interest or lien that attaches to the vehicle. 520
(3) Nothing in this section impairs a mortgage, security 522
interest, lien, or other interest of a financial institution in 524
property that was the subject of a forfeiture order under section 525
2925.42 or 2925.43 of the Revised Code and that was sold or 526
otherwise disposed of in a manner that does not conform to the 527
requirements of division (B) of this section, or any right of a 528
financial institution of that nature to commence a civil action 530
in any appropriate court in this or another state to obtain a 531
deficiency judgment against the debtor.
(4) Following the sale under division (B)(8) of this 533
section of any property that is required to be titled or 534
registered under the law of this state, the prosecuting attorney 535
responsible for the disposition of the property shall cause the 536
state to issue an appropriate certificate of title or 537
registration to the purchaser of the property. Additionally, if, 538
in a disposition of property pursuant to division (B) of this 539
section, the state or a political subdivision is given any 540
property that is required to be titled or registered under the 541
law of this state, the prosecuting attorney responsible for the 542
disposition of the property shall cause the state to issue an 543
appropriate certificate of title or registration to itself or to 544
the political subdivision. 545
(D) Property that has been forfeited to the state pursuant 547
to an order of criminal forfeiture under section 2925.42 of the 548
Revised Code or an order of civil forfeiture under section 549
2925.43 of the Revised Code shall not be available for use to pay 550
any fine imposed upon a person who is convicted of or pleads 551
14
guilty to a felony drug abuse offense or upon any juvenile who is 552
found by a juvenile court to be a delinquent child for an act 553
that, if committed by an adult, would be a felony drug abuse 554
offense. 555
(E) Sections 2925.41 to 2925.45 of the Revised Code do not 557
prohibit a law enforcement officer from seeking the forfeiture of 558
contraband associated with a felony drug abuse offense pursuant 559
to section 2933.43 of the Revised Code. 560
Sec. 2933.43. (A)(1) Except as provided in this division 569
or in section 2913.34 or sections 2925.41 to 2925.45 of the 571
Revised Code, a law enforcement officer shall seize any 572
contraband that has been, is being, or is intended to be used in 573
violation of division (A) of section 2933.42 of the Revised Code. 574
A law enforcement officer shall seize contraband that is a 575
watercraft, motor vehicle, or aircraft and that has been, is 576
being, or is intended to be used in violation of division (A) of 577
section 2933.42 of the Revised Code only if the watercraft, motor 578
vehicle, or aircraft is contraband because of its relationship to 579
an underlying criminal offense that is a felony. 580
Additionally, a law enforcement officer shall seize any 582
watercraft, motor vehicle, aircraft, or other personal property 583
that is classified as contraband under division (B) of section 584
2933.42 of the Revised Code if the underlying offense involved in 585
the violation of division (A) of that section that resulted in 586
the watercraft, motor vehicle, aircraft, or personal property 587
being classified as contraband, is a felony. 588
(2) If a law enforcement officer seizes property that is 590
titled or registered under law, including a motor vehicle, 591
pursuant to division (A)(1) of this section, the officer or the 592
officer's employing law enforcement agency shall notify the owner 593
of the seizure. The notification shall be given to the owner at 594
the owner's last known address within seventy-two hours after the 595
seizure, and may be given orally by any means, including 596
telephone, or by certified mail, return receipt requested. 597
15
If the officer or the officer's agency is unable to provide 599
the notice required by this division despite reasonable, good 600
faith efforts to do so, the exercise of the reasonable, good 601
faith efforts constitutes fulfillment of the notice requirement 602
imposed by this division. 603
(B)(1) A motor vehicle seized pursuant to division (A)(1) 605
of this section and the contents of the vehicle may be retained 606
for a reasonable period of time, not to exceed seventy-two hours, 607
for the purpose of inspection, investigation, and the gathering 608
of evidence of any offense or illegal use. 609
At any time prior to the expiration of the seventy-two-hour 611
period, the law enforcement agency that seized the motor vehicle 612
may petition the court of common pleas of the county that has 613
jurisdiction over the underlying criminal case or administrative 614
proceeding involved in the forfeiture for an extension of the 615
seventy-two-hour period if the motor vehicle or its contents are 616
needed as evidence or if additional time is needed for the 617
inspection, investigation, or gathering of evidence. Upon the 618
filing of such a petition, the court immediately shall schedule a 619
hearing to be held at a time as soon as possible after the 620
filing, but in no event at a time later than the end of the next 621
business day subsequent to the day on which the petition was 622
filed, and upon scheduling the hearing, immediately shall notify 623
the owner of the vehicle, at the address at which notification of 624
the seizure was provided under division (A) of this section, of 625
the date, time, and place of the hearing. If the court, at the 626
hearing, determines that the vehicle or its contents, or both, 627
are needed as evidence or that additional time is needed for the 628
inspection, investigation, or gathering of evidence, the court 629
may grant the petition and issue an order authorizing the 630
retention of the vehicle or its contents, or both, for an 631
extended period as specified by the court in its order. An order 632
extending a period of retention issued under this division may be 633
renewed. 634
16
If no petition for the extension of the initial 636
seventy-two-hour period has been filed, prior to the expiration 637
of that period, under this division, if the vehicle was not in 638
the custody and control of the owner at the time of its seizure, 639
and if, at the end of that seventy-two-hour period, the owner of 640
the vehicle has not been charged with an offense or 641
administrative violation that includes the use of the vehicle as 642
an element and has not been charged with any other offense or 643
administrative violation in the actual commission of which the 644
motor vehicle was used, the vehicle and its contents shall be 645
released to its owner or the owner's agent, provided that the law 646
enforcement agency that seized the vehicle may require proof of 647
ownership of the vehicle, proof of ownership or legal possession 648
of the contents, and an affidavit of the owner that the owner 649
neither knew of nor expressly or impliedly consented to the use 650
of the vehicle that resulted in its forfeiture as conditions 651
precedent to release. If a petition for the extension of the 652
initial seventy-two-hour period has been filed, prior to the 653
expiration of that period, under this division but the court does 654
not grant the petition, if the vehicle was not in the custody and 655
control of the owner at the time of its seizure, and if, at the 656
end of that seventy-two-hour period, the owner of the vehicle has 657
not been charged with an offense or administrative violation that 658
includes the use of the vehicle as an element and has not been 659
charged with any other offense or administrative violation in the 660
actual commission of which the motor vehicle was used, the 661
vehicle and its contents shall be released to its owner or the 662
owner's agent, provided that the court may require the proof and 663
affidavit described in the preceding sentence as conditions 664
precedent to release. If the initial seventy-two-hour period has 665
been extended under this division, the vehicle and its contents 666
to which the extension applies may be retained in accordance with 667
the extension order. If, at the end of that extended period, the 668
owner of the vehicle has not been charged with an offense or 669
17
administrative violation that includes the use of the vehicle as 670
an element and has not been charged with any other offense or 671
administrative violation in the actual commission of which the 672
motor vehicle was used, and if the vehicle was not in the custody 673
and control of the owner at the time of its seizure, the vehicle 674
and its contents shall be released to its owner or the owner's 675
agent, provided that the court may require the proof and 676
affidavit described in the third preceding sentence as conditions 677
precedent to release. In cases in which the court may require 678
proof and affidavits as conditions precedent to release, the 679
court also may require the posting of a bond, with sufficient 680
sureties approved by the court, in an amount equal to the value 681
of the property to be released, as determined by the court, and 682
conditioned upon the return of the property to the court if it is 683
forfeited under this section, as a further condition to release. 684
If, at the end of the initial seventy-two-hour period or at the 685
end of any extended period granted under this section, the owner 686
has been charged with an offense or administrative violation that 687
includes the use of the vehicle as an element or has been charged 688
with another offense or administrative violation in the actual 689
commission of which the motor vehicle was used, or if the vehicle 690
was in the custody and control of the owner at the time of its 691
seizure, the vehicle and its contents shall be retained pending 692
disposition of the charge, provided that upon the filing of a 693
motion for release by the owner, if the court determines that the 694
motor vehicle or its contents, or both, are not needed as 695
evidence in the underlying criminal case or administrative 696
proceeding, the court may permit the release of the property that 697
is not needed as evidence to the owner; as a condition precedent 698
to a release of that nature, the court may require the owner to 699
execute a bond with the court. Any bond so required shall be in 700
an amount equal to the value of the property to be released, as 701
determined by the court, shall have sufficient sureties approved 702
by the court, and shall be conditioned upon the return of the 703
18
property to the court to which it is forfeited under this 704
section.
The final disposition of a motor vehicle seized pursuant to 706
division (A)(1) of this section shall be determined in accordance 707
with division (C) of this section. 708
(2) Pending a hearing pursuant to division (C) of this 710
section, and subject to divisions (B)(1) and (C) of this section, 711
any property lawfully seized pursuant to division (A) of this 712
section because it was contraband of a type described in division 713
(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section 715
2901.01 of the Revised Code shall not be subject to replevin or 716
other action in any court and shall not be subject to release 717
upon request of the owner, and no judgment shall be enforced 718
against the property. Pending the hearing, and subject to 719
divisions (B)(1) and (C) of this section, the property shall be 720
kept in the custody of the law enforcement agency responsible for 721
its seizure. 722
Pending a hearing pursuant to division (C) of this section, 724
and notwithstanding any provisions of division (B)(1) or (C) of 725
this section to the contrary, any property lawfully seized 726
pursuant to division (A) of this section because it was 727
contraband of a type described in division (A)(13)(a) or (c) of 729
section 2901.01 of the Revised Code shall not be subject to 730
replevin or other action in any court and shall not be subject to 731
release upon request of the owner, and no judgment shall be
enforced against the property. Pending the hearing, and 732
notwithstanding any provisions of division (B)(1) or (C) of this 733
section to the contrary, the property shall be kept in the 734
custody of the law enforcement agency responsible for its 735
seizure. 736
A law enforcement agency that seizes property under 738
division (A) of this section because it was contraband of any 739
type described in division (A)(13) of section 2901.01 or division 741
(B) of section 2933.42 of the Revised Code shall maintain an
19
accurate record of each item of property so seized, which record 742
shall include the date on which each item was seized, the manner 743
and date of its disposition, and if applicable, the name of the 744
person who received the item; however, the record shall not 745
identify or enable the identification of the individual officer 746
who seized the item. The record of property of that nature that 747
no longer is needed as evidence shall be open to public 748
inspection during the agency's regular business hours. Each law 749
enforcement agency that, during any calendar year, seizes 750
property under division (A) of this section because it was 751
contraband shall prepare a report covering the calendar year that 752
cumulates all of the information contained in all of the records 753
kept by the agency pursuant to this division for that calendar 754
year, and shall send a copy of the cumulative report, no later 755
than the first day of March in the calendar year following the 756
calendar year covered by the report, to the attorney general. 757
Each report received by the attorney general is a public record 758
open for inspection under section 149.43 of the Revised Code. 759
The attorney general shall make copies of each report received, 760
and, no later than the fifteenth day of April in the calendar 761
year in which the report is received, shall send a copy of it to 762
the president of the senate and the speaker of the house of 763
representatives. 764
(C) The prosecuting attorney, village solicitor, city 766
director of law, or similar chief legal officer who has 767
responsibility for the prosecution of the underlying criminal 768
case or administrative proceeding, or the attorney general if the 769
attorney general has that responsibility, shall file a petition 770
for the forfeiture, to the seizing law enforcement agency of the 771
contraband seized pursuant to division (A) of this section. The 772
petition shall be filed in the court that has jurisdiction over 773
the underlying criminal case or administrative proceeding 774
involved in the forfeiture. If the property was seized on the 775
basis of both a criminal violation and an administrative 776
20
regulation violation, the petition shall be filed by the officer 777
and in the court that is appropriate in relation to the criminal 778
case. 779
The petitioner shall conduct or cause to be conducted a 781
search of the appropriate public records that relate to the 782
seized property for the purpose of determining, and shall make or 783
cause to be made reasonably diligent inquiries for the purpose of 784
determining, any person having an ownership or security interest 785
in the property. The petitioner then shall give notice of the 786
forfeiture proceedings by personal service or by certified mail, 787
return receipt requested, to any persons known, because of the 788
conduct of the search, the making of the inquiries, or otherwise, 789
to have an ownership or security interest in the property, and 790
shall publish notice of the proceedings once each week for two 791
consecutive weeks in a newspaper of general circulation in the 792
county in which the seizure occurred. The notices shall be 793
personally served, mailed, and first published at least four 794
weeks before the hearing. They shall describe the property 795
seized; state the date and place of seizure; name the law 796
enforcement agency that seized the property and, if applicable, 797
that is holding the property; list the time, date, and place of 798
the hearing; and state that any person having an ownership or 799
security interest in the property may contest the forfeiture. 800
If the property seized was determined by the seizing law 802
enforcement officer to be contraband because of its relationship 803
to an underlying criminal offense or administrative violation, no 804
forfeiture hearing shall be held under this section unless the 805
person pleads guilty to or is convicted of the commission of, or 806
an attempt or conspiracy to commit, the offense or a different 807
offense arising out of the same facts and circumstances or unless 808
the person admits or is adjudicated to have committed the 809
administrative violation or a different violation arising out of 810
the same facts and circumstances; a forfeiture hearing shall be 811
held in a case of that nature no later than forty-five days after 812
21
the conviction or the admission or adjudication of the violation, 813
unless the time for the hearing is extended by the court for good 814
cause shown. The owner of any property seized because of its 815
relationship to an underlying criminal offense or administrative 816
violation may request the court to release the property to the 817
owner. Upon receipt of a request of that nature, if the court 818
determines that the property is not needed as evidence in the 819
underlying criminal case or administrative proceeding, the court 820
may permit the release of the property to the owner. As a 821
condition precedent to a release of that nature, the court may 822
require the owner to execute a bond with the court. Any bond so 823
required shall have sufficient sureties approved by the court, 824
shall be in a sum equal to the value of the property, as 825
determined by the court, and shall be conditioned upon the return 826
of the property to the court if the property is forfeited under 827
this section. Any property seized because of its relationship to 828
an underlying criminal offense or administrative violation shall 829
be returned to its owner if charges are not filed in relation to 830
that underlying offense or violation within thirty days after the 831
seizure, if charges of that nature are filed and subsequently are 832
dismissed, or if charges of that nature are filed and the person 833
charged does not plead guilty to and is not convicted of the
offense or does not admit and is not found to have committed the 834
violation.
If the property seized was determined by the seizing law 836
enforcement officer to be contraband other than because of a 837
relationship to an underlying criminal offense or administrative 838
violation, the forfeiture hearing under this section shall be 839
held no later than forty-five days after the seizure, unless the 840
time for the hearing is extended by the court for good cause 841
shown. 842
Where possible, a court holding a forfeiture hearing under 844
this section shall follow the Rules of Civil Procedure. When a 845
hearing is conducted under this section, property shall be 846
22
forfeited upon a showing, by a preponderance of the evidence, by 847
the petitioner that the person from which the property was seized 848
was in violation of division (A) of section 2933.42 of the 849
Revised Code. If that showing is made, the court shall issue an 850
order of forfeiture. If an order of forfeiture is issued in 851
relation to contraband that was released to the owner or the 852
owner's agent pursuant to this division or division (B)(1) of 853
this section, the order shall require the owner to deliver the 854
property, by a specified date, to the law enforcement agency that 855
employed the law enforcement officer who made the seizure of the 856
property, and the court shall deliver a copy of the order to the 857
owner or send a copy of it by certified mail, return receipt 858
requested, to the owner at the address to which notice of the 859
seizure was given under division (A)(2) of this section. Except 860
as otherwise provided in this division, all rights, interest, and 861
title to the forfeited contraband vests in the state, effective 862
from the date of seizure. 863
No property shall be forfeited pursuant to this division if 865
the owner of the property establishes, by a preponderance of the 866
evidence, that the owner neither knew, nor should have known 867
after a reasonable inquiry, that the property was used, or was 868
likely to be used, in a crime or administrative violation. No 869
bona fide security interest shall be forfeited pursuant to this 870
division if the holder of the interest establishes, by a 871
preponderance of the evidence, that the holder of the interest 872
neither knew, nor should have known after a reasonable inquiry, 874
that the property was used, or likely to be used, in a crime or 875
administrative violation, that the holder of the interest did not 876
expressly or impliedly consent to the use of the property in a 877
crime or administrative violation, and that the security interest 878
was perfected pursuant to law prior to the seizure. If the 879
holder of the interest satisfies the court that these 880
requirements are met, the interest shall be preserved by the 881
court. In a case of that nature, the court shall either order 882
23
that the agency to which the property is forfeited reimburse the 883
holder of the interest to the extent of the preserved interest or 884
order that the holder be paid for the interest from the proceeds 885
of any sale pursuant to division (D) of this section. 886
(D)(1) Contraband ordered forfeited pursuant to this 888
section shall be disposed of pursuant to divisions (D)(1) to (7) 889
of section 2933.41 of the Revised Code or, if the contraband is 890
not described in those divisions, may be used, with the approval 891
of the court, by the law enforcement agency that has custody of 892
the contraband pursuant to division (D)(8) of that section. In 893
the case of contraband not described in any of those divisions 894
and of contraband not disposed of pursuant to any of those 895
divisions, the contraband shall be sold in accordance with this 896
division or, in the case of forfeited moneys, disposed of in 897
accordance with this division. If the contraband is to be sold, 898
the prosecuting attorney shall cause a notice of the proposed 899
sale of the contraband to be given in accordance with law, and 900
the property shall be sold, without appraisal, at a public 901
auction to the highest bidder for cash. The proceeds of a sale 902
and forfeited moneys shall be applied in the following order: 903
(a) First, to the payment of the costs incurred in 905
connection with the seizure of, storage of, maintenance of, and 906
provision of security for the contraband, the forfeiture 907
proceeding, and, if any, the sale; 908
(b) Second, the remaining proceeds or forfeited moneys 910
after compliance with division (D)(1)(a) of this section, to the 911
payment of the balance due on any security interest preserved 912
pursuant to division (C) of this section; 913
(c) Third, the remaining proceeds or forfeited moneys 915
after compliance with divisions (D)(1)(a) and (b) of this 916
section, as follows: 917
(i) If the forfeiture was ordered in a juvenile court, ten 919
per cent to one or more alcohol and drug addiction treatment 920
programs that are certified by the department of alcohol and drug 921
24
addiction services under section 3793.06 of the Revised Code and 922
that are specified in the order of forfeiture. A juvenile court 924
shall not certify an alcohol or drug addiction treatment program 925
in the order of forfeiture unless the program is a certified
alcohol and drug addiction treatment program and, except as 926
provided in division (D)(1)(c)(i) of this section, unless the 927
program is located in the county in which the court that orders 928
the forfeiture is located or in a contiguous county. If no 929
certified alcohol and drug addiction treatment program is located 930
in any of those counties, the juvenile court may specify in the 931
order a certified alcohol and drug addiction treatment program
located anywhere within this state. 932
(ii) If the forfeiture was ordered in a juvenile court, 934
ninety per cent, and if the forfeiture was ordered in a court 935
other than a juvenile court, one hundred per cent to the law 936
enforcement trust fund of the prosecuting attorney and to the law 938
enforcement trust fund of the county sheriff if the county 939
sheriff made the seizure, to the law enforcement trust fund of a 940
municipal corporation if its police department made the seizure, 941
to the law enforcement trust fund of a township if the seizure 942
was made by a township police department, township police 943
district police force, or office of a township constable, to the 944
law enforcement trust fund of a park district created pursuant to 945
section 511.18 or 1545.01 of the Revised Code if the seizure was 946
made by the park district police force or law enforcement 947
department, to the state highway patrol contraband, forfeiture, 948
and other fund if the state highway patrol made the seizure, to 949
the liquor enforcement contraband, forfeiture, and other fund if 950
the liquor enforcement unit of the department of public safety 951
made the seizure, to the food stamp contraband, forfeiture, and 952
other fund if the food stamp trafficking unit of the department 954
of public safety made the seizure, to the board of pharmacy drug 955
law enforcement fund created by division (B)(1) of section 956
4729.65 of the Revised Code if the board made the seizure, or to 957
25
the treasurer of state for deposit into the peace officer 958
training commission fund if a state law enforcement agency, other 960
than the state highway patrol, the department of public safety, 961
or the state board of pharmacy, made the seizure. The 962
prosecuting attorney may decline to accept any of the remaining 963
proceeds or forfeited moneys, and, if the prosecuting attorney so 964
declines, the remaining proceeds or forfeited moneys shall be 965
applied to the fund described in this division that relates to 966
the law enforcement agency that made the seizure. 967
A law enforcement trust fund shall be established by the 969
prosecuting attorney of each county who intends to receive any 970
remaining proceeds or forfeited moneys pursuant to this division, 971
by the sheriff of each county, by the legislative authority of 972
each municipal corporation, by the board of township trustees of 973
each township that has a township police department, township 974
police district police force, or office of the constable, and by 975
the board of park commissioners of each park district created 976
pursuant to section 511.18 or 1545.01 of the Revised Code that 977
has a park district police force or law enforcement department, 978
for the purposes of this division. There is hereby created in 979
the state treasury the state highway patrol contraband, 980
forfeiture, and other fund, the liquor enforcement contraband, 981
forfeiture, and other fund, the food stamp contraband, 982
forfeiture, and other fund, and the peace officer training 983
commission fund, for the purposes described in this division. 985
Proceeds or forfeited moneys distributed to any municipal 987
corporation, township, or park district law enforcement trust 988
fund shall be allocated from the fund by the legislative 989
authority only to the police department of the municipal 990
corporation, by the board of township trustees only to the 991
township police department, township police district police 992
force, or office of the constable, and by the board of park 993
commissioners only to the park district police force or law 994
enforcement department. 995
26
Additionally, no proceeds or forfeited moneys shall be 997
allocated to or used by the state highway patrol, the food stamp 998
trafficking unit or liquor enforcement unit of the department of 1,000
public safety, the state board of pharmacy, or a county sheriff, 1,001
prosecuting attorney, municipal corporation police department, 1,002
township police department, township police district police 1,003
force, office of the constable, or park district police force or 1,004
law enforcement department unless the state highway patrol, 1,005
department of public safety, state board of pharmacy, sheriff, 1,006
prosecuting attorney, municipal corporation police department, 1,007
township police department, township police district police 1,008
force, office of the constable, or park district police force or 1,009
law enforcement department has adopted a written internal control 1,010
policy under division (D)(3) of this section that addresses the 1,011
use of moneys received from the state highway patrol contraband, 1,012
forfeiture, and other fund, the liquor enforcement contraband, 1,013
forfeiture, and other fund, the food stamp contraband,
forfeiture, and other fund, the board of pharmacy drug law 1,014
enforcement fund, or the appropriate law enforcement trust fund. 1,015
The state highway patrol contraband, forfeiture, and other fund, 1,016
the liquor enforcement contraband, forfeiture, and other fund, 1,017
the food stamp contraband, forfeiture, and other fund, and a law 1,018
enforcement trust fund shall be expended only in accordance with 1,019
the written internal control policy so adopted by the recipient, 1,020
and, subject to the requirements specified in division 1,021
(D)(3)(a)(ii) of this section, only to pay the costs of 1,022
protracted or complex investigations or prosecutions, to provide 1,023
reasonable technical training or expertise, to provide matching 1,024
funds to obtain federal grants to aid law enforcement, in the 1,025
support of DARE programs or other programs designed to educate 1,026
adults or children with respect to the dangers associated with 1,027
the use of drugs of abuse, or for other law enforcement purposes 1,029
that the superintendent of the state highway patrol, department 1,030
of public safety, prosecuting attorney, county sheriff, 1,031
27
legislative authority, board of township trustees, or board of 1,032
park commissioners determines to be appropriate. The board of 1,033
pharmacy drug law enforcement fund shall be expended only in 1,034
accordance with the written internal control policy so adopted by 1,035
the board and only in accordance with section 4729.65 of the 1,036
Revised Code. The state highway patrol contraband, forfeiture, 1,037
and other fund, the liquor enforcement contraband, seizure, and
other fund, the food stamp contraband, forfeiture, and other 1,038
fund, the board of pharmacy drug law enforcement fund, and a law 1,040
enforcement trust fund shall not be used to meet the operating 1,041
costs of the state highway patrol, of the food stamp trafficking 1,042
unit or liquor enforcement unit of the department of public 1,043
safety, of the state board of pharmacy, of any political 1,044
subdivision, or of any office of a prosecuting attorney or county 1,045
sheriff that are unrelated to law enforcement.
Proceeds and forfeited moneys that are paid into the state 1,047
treasury to be deposited into the peace officer training 1,048
commission fund shall be used by the commission only to pay the 1,050
costs of peace officer training. 1,051
Any sheriff or prosecuting attorney who receives proceeds 1,053
or forfeited moneys pursuant to this division during any calendar 1,054
year shall file a report with the county auditor, no later than 1,055
the thirty-first day of January of the next calendar year, 1,056
verifying that the proceeds and forfeited moneys were expended 1,057
only for the purposes authorized by this division and division 1,058
(D)(3)(a)(ii) of this section and specifying the amounts expended 1,059
for each authorized purpose. Any municipal corporation police 1,060
department that is allocated proceeds or forfeited moneys from a 1,061
municipal corporation law enforcement trust fund pursuant to this 1,062
division during any calendar year shall file a report with the 1,063
legislative authority of the municipal corporation, no later than 1,064
the thirty-first day of January of the next calendar year, 1,065
verifying that the proceeds and forfeited moneys were expended 1,066
only for the purposes authorized by this division and division 1,067
28
(D)(3)(a)(ii) of this section and specifying the amounts expended 1,068
for each authorized purpose. Any township police department, 1,069
township police district police force, or office of the constable 1,070
that is allocated proceeds or forfeited moneys from a township 1,071
law enforcement trust fund pursuant to this division during any 1,072
calendar year shall file a report with the board of township 1,073
trustees of the township, no later than the thirty-first day of 1,074
January of the next calendar year, verifying that the proceeds 1,075
and forfeited moneys were expended only for the purposes 1,076
authorized by this division and division (D)(3)(a)(ii) of this 1,077
section and specifying the amounts expended for each authorized 1,078
purpose. Any park district police force or law enforcement 1,079
department that is allocated proceeds or forfeited moneys from a 1,080
park district law enforcement trust fund pursuant to this 1,081
division during any calendar year shall file a report with the 1,082
board of park commissioners of the park district, no later than 1,083
the thirty-first day of January of the next calendar year, 1,084
verifying that the proceeds and forfeited moneys were expended 1,085
only for the purposes authorized by this division and division 1,086
(D)(3)(a)(ii) of this section and specifying the amounts expended 1,087
for each authorized purpose. The superintendent of the state 1,088
highway patrol shall file a report with the attorney general, no 1,089
later than the thirty-first day of January of each calendar year, 1,090
verifying that proceeds and forfeited moneys paid into the state 1,091
highway patrol contraband, forfeiture, and other fund pursuant to 1,092
this division during the prior calendar year were used by the 1,093
state highway patrol during the prior calendar year only for the 1,094
purposes authorized by this division and specifying the amounts 1,095
expended for each authorized purpose. The executive director of 1,096
the state board of pharmacy shall file a report with the attorney 1,097
general, no later than the thirty-first day of January of each 1,098
calendar year, verifying that proceeds and forfeited moneys paid 1,099
into the board of pharmacy drug law enforcement fund during the 1,100
prior calendar year were used only in accordance with section 1,101
29
4729.65 of the Revised Code and specifying the amounts expended 1,102
for each authorized purpose. The peace officer training 1,103
commission shall file a report with the attorney general, no 1,104
later than the thirty-first day of January of each calendar year, 1,106
verifying that proceeds and forfeited moneys paid into the peace 1,107
officer training commission fund pursuant to this division during 1,109
the prior calendar year were used by the commission during the 1,110
prior calendar year only to pay the costs of peace officer 1,112
training and specifying the amount used for that purpose. 1,113
(2) If more than one law enforcement agency is 1,115
substantially involved in the seizure of contraband that is 1,116
forfeited pursuant to this section, the court ordering the 1,117
forfeiture shall equitably divide the proceeds or forfeited 1,118
moneys, after calculating any distribution to the law enforcement 1,119
trust fund of the prosecuting attorney pursuant to division 1,120
(D)(1)(c) of this section, among any county sheriff whose office 1,121
is determined by the court to be substantially involved in the 1,122
seizure, any legislative authority of a municipal corporation 1,123
whose police department is determined by the court to be 1,124
substantially involved in the seizure, any board of township 1,125
trustees whose law enforcement agency is determined by the court 1,126
to be substantially involved in the seizure, any board of park 1,127
commissioners of a park district whose police force or law 1,128
enforcement department is determined by the court to be 1,129
substantially involved in the seizure, the state board of 1,130
pharmacy if it is determined by the court to be substantially 1,131
involved in the seizure, the food stamp trafficking unit or 1,132
liquor enforcement unit of the department of public safety if it 1,133
is determined by the court to be substantially involved in the 1,134
seizure, and the state highway patrol if it is determined by the 1,135
court to be substantially involved in the seizure. The proceeds 1,136
or forfeited moneys shall be deposited in the respective law 1,137
enforcement trust funds of the county sheriff, municipal 1,138
corporation, township, and park district, the board of pharmacy 1,139
30
drug law enforcement fund, the liquor enforcement contraband, 1,141
forfeiture, and other fund, the food stamp contraband, 1,142
forfeiture, and other fund, or the state highway patrol 1,143
contraband, forfeiture, and other fund, in accordance with 1,144
division (D)(1)(c) of this section. If a state law enforcement 1,145
agency, other than the state highway patrol, the food stamp 1,146
trafficking unit or liquor enforcement unit of the department of 1,147
public safety, or the state board of pharmacy, is determined by 1,148
the court to be substantially involved in the seizure, the state 1,149
agency's equitable share of the proceeds and forfeited moneys 1,150
shall be paid to the treasurer of state for deposit into the 1,151
peace officer training commission fund. 1,152
(3)(a)(i) Prior to being allocated or using any proceeds 1,154
or forfeited moneys out of the state highway patrol contraband, 1,155
forfeiture, and other fund, the liquor enforcement contraband, 1,156
forfeiture, and other fund, the food stamp contraband, seizure, 1,157
and other fund, the board of pharmacy drug law enforcement fund, 1,159
or a law enforcement trust fund under division (D)(1)(c) of this 1,160
section, the state highway patrol, the department of public
safety, the state board of pharmacy, and a county sheriff, 1,161
prosecuting attorney, municipal corporation police department, 1,162
township police department, township police district police 1,163
force, office of the constable, or park district police force or 1,164
law enforcement department shall adopt a written internal control 1,165
policy that addresses the state highway patrol's, department of 1,166
public safety's, state board of pharmacy's, sheriff's, 1,167
prosecuting attorney's, police department's, police force's, 1,168
office of the constable's, or law enforcement department's use 1,169
and disposition of all the proceeds and forfeited moneys received 1,170
and that provides for the keeping of detailed financial records 1,171
of the receipts of the proceeds and forfeited moneys, the general 1,172
types of expenditures made out of the proceeds and forfeited 1,173
moneys, the specific amount of each general type of expenditure, 1,174
and the amounts, portions, and programs described in division 1,175
31
(D)(3)(a)(ii) of this section. The policy shall not provide for 1,176
or permit the identification of any specific expenditure that is 1,177
made in an ongoing investigation. 1,178
All financial records of the receipts of the proceeds and 1,180
forfeited moneys, the general types of expenditures made out of 1,181
the proceeds and forfeited moneys, the specific amount of each 1,182
general type of expenditure by the state highway patrol, by the 1,183
department of public safety, by the state board of pharmacy, and 1,184
by a sheriff, prosecuting attorney, municipal corporation police 1,185
department, township police department, township police district 1,186
police force, office of the constable, or park district police 1,187
force or law enforcement department, and the amounts, portions, 1,188
and programs described in division (D)(3)(a)(ii) of this section 1,189
are public records open for inspection under section 149.43 of 1,190
the Revised Code. Additionally, a written internal control 1,191
policy adopted under this division is a public record of that 1,192
nature, and the state highway patrol, the department of public 1,193
safety, the state board of pharmacy, or the sheriff, prosecuting 1,194
attorney, municipal corporation police department, township 1,195
police department, township police district police force, office 1,196
of the constable, or park district police force or law 1,197
enforcement department that adopted it shall comply with it. 1,198
(ii) The written internal control policy of a county 1,200
sheriff, prosecuting attorney, municipal corporation police 1,201
department, township police department, township police district 1,202
police force, office of the constable, or park district police 1,203
force or law enforcement department shall provide that at least 1,204
ten per cent of the first one hundred thousand dollars of 1,205
proceeds and forfeited moneys deposited during each calendar year 1,206
in the sheriff's, prosecuting attorney's, municipal 1,207
corporation's, township's, or park district's law enforcement 1,208
trust fund pursuant to division (B)(8)(c) of section 2925.44 of 1,209
the Revised Code, and at least twenty per cent of the proceeds 1,210
and forfeited moneys exceeding one hundred thousand dollars that 1,211
32
are so deposited, shall be used in connection with community 1,212
preventive education programs. The manner in which the described 1,213
percentages are so used shall be determined by the sheriff, 1,214
prosecuting attorney, department, police force, or office of the 1,215
constable after the receipt and consideration of advice on 1,216
appropriate community preventive education programs from the 1,217
county's board of alcohol, drug addiction, and mental health 1,218
services, from the county's alcohol and drug addiction services 1,219
board, or through appropriate community dialogue. The financial 1,220
records described in division (D)(3)(a)(i) of this section shall 1,221
specify the amount of the proceeds and forfeited moneys deposited 1,222
during each calendar year in the sheriff's, prosecuting 1,223
attorney's, municipal corporation's, township's, or park 1,224
district's law enforcement trust fund pursuant to division 1,225
(B)(8)(c) of section 2925.44 of the Revised Code, the portion of 1,226
that amount that was used pursuant to the requirements of this 1,227
division, and the community preventive education programs in 1,228
connection with which the portion of that amount was so used. 1,229
As used in this division, "community preventive education 1,231
programs" includes, but is not limited to, DARE programs and 1,232
other programs designed to educate adults or children with 1,233
respect to the dangers associated with the use of drugs of abuse. 1,234
(b) Each sheriff, prosecuting attorney, municipal 1,236
corporation police department, township police department, 1,237
township police district police force, office of the constable, 1,238
or park district police force or law enforcement department that 1,239
receives in any calendar year any proceeds or forfeited moneys 1,240
out of a law enforcement trust fund under division (D)(1)(c) of 1,241
this section or uses any proceeds or forfeited moneys in its law 1,242
enforcement trust fund in any calendar year shall prepare a 1,243
report covering the calendar year that cumulates all of the 1,244
information contained in all of the public financial records kept 1,245
by the sheriff, prosecuting attorney, municipal corporation 1,246
police department, township police department, township police 1,247
33
district police force, office of the constable, or park district 1,248
police force or law enforcement department pursuant to division 1,249
(D)(3)(a) of this section for that calendar year, and shall send 1,250
a copy of the cumulative report, no later than the first day of 1,251
March in the calendar year following the calendar year covered by 1,252
the report, to the attorney general. 1,253
The superintendent of the state highway patrol shall 1,255
prepare a report covering each calendar year in which the state 1,256
highway patrol uses any proceeds or forfeited moneys in the state 1,257
highway patrol contraband, forfeiture, and other fund under 1,258
division (D)(1)(c) of this section, that cumulates all of the 1,259
information contained in all of the public financial records kept 1,260
by the state highway patrol pursuant to division (D)(3)(a) of 1,261
this section for that calendar year, and shall send a copy of the 1,262
cumulative report, no later than the first day of March in the 1,263
calendar year following the calendar year covered by the report, 1,264
to the attorney general. 1,265
The department of public safety shall prepare a report 1,267
covering each fiscal year in which the department uses any 1,268
proceeds or forfeited moneys in the liquor enforcement 1,269
contraband, seizure, and other fund and the food stamp 1,270
contraband, forfeiture, and other fund under division (D)(1)(c) 1,271
of this section that cumulates all of the information contained 1,272
in all of the public financial records kept by the department 1,273
pursuant to division (D)(3)(a) of this section for that fiscal 1,274
year. The department shall send a copy of the cumulative report 1,275
to the attorney general no later than the first day of August in 1,276
the fiscal year following the fiscal year covered by the report. 1,277
The director of public safety shall include in the report a 1,278
verification that proceeds and forfeited moneys paid into the 1,279
liquor enforcement contraband, seizure, and other fund and the 1,281
food stamp contraband, forfeiture, and other fund under division 1,283
(D)(1)(c) of this section during the preceding fiscal year were 1,284
used by the department during that fiscal year only for the 1,285
34
purposes authorized by that division and shall specify the amount 1,286
used for each authorized purpose.
The executive director of the state board of pharmacy shall 1,288
prepare a report covering each calendar year in which the board 1,289
uses any proceeds or forfeited moneys in the board of pharmacy 1,290
drug law enforcement fund under division (D)(1)(c) of this 1,291
section, that cumulates all of the information contained in all 1,292
of the public financial records kept by the board pursuant to 1,293
division (D)(3)(a) of this section for that calendar year, and 1,294
shall send a copy of the cumulative report, no later than the 1,295
first day of March in the calendar year following the calendar 1,296
year covered by the report, to the attorney general. Each report 1,297
received by the attorney general is a public record open for 1,298
inspection under section 149.43 of the Revised Code. The 1,299
attorney general shall make copies of each report received, and, 1,300
no later than the fifteenth day of April in the calendar year in 1,301
which the report is received, shall send a copy of it to the 1,302
president of the senate and the speaker of the house of 1,303
representatives. 1,304
(4)(a) A law enforcement agency that receives pursuant to 1,306
federal law proceeds from a sale of forfeited contraband, 1,307
proceeds from another disposition of forfeited contraband, or 1,308
forfeited contraband moneys shall deposit, use, and account for 1,309
the proceeds or forfeited moneys in accordance with, and 1,310
otherwise comply with, the applicable federal law. 1,311
(b) If the state highway patrol receives pursuant to 1,313
federal law proceeds from a sale of forfeited contraband, 1,314
proceeds from another disposition of forfeited contraband, or 1,315
forfeited contraband moneys, the appropriate governmental 1,316
officials shall deposit into the state highway patrol contraband,
forfeiture, and other fund all interest or other earnings derived 1,317
from the investment of the proceeds or forfeited moneys. The 1,318
state highway patrol shall use and account for that interest or 1,319
other earnings in accordance with the applicable federal law. 1,320
35
(c) IF THE LIQUOR ENFORCEMENT UNIT OF THE DEPARTMENT OF 1,322
PUBLIC SAFETY RECEIVES PURSUANT TO FEDERAL LAW PROCEEDS FROM A 1,323
SALE OF FORFEITED CONTRABAND, PROCEEDS FROM ANOTHER DISPOSITION 1,324
OF FORFEITED CONTRABAND, OR FORFEITED CONTRABAND MONEYS, THE 1,325
APPROPRIATE GOVERNMENTAL OFFICIALS SHALL DEPOSIT INTO THE LIQUOR 1,326
ENFORCEMENT CONTRABAND, FORFEITURE, AND OTHER FUND ALL INTEREST 1,327
OR OTHER EARNINGS DERIVED FROM THE INVESTMENT OF THE PROCEEDS OR 1,328
FORFEITED MONEYS. THE DEPARTMENT SHALL USE AND ACCOUNT FOR THAT 1,329
INTEREST OR OTHER EARNINGS IN ACCORDANCE WITH THE APPLICABLE 1,330
FEDERAL LAW. 1,331
(d) IF THE FOOD STAMP FRAUD UNIT OF THE DEPARTMENT OF 1,334
PUBLIC SAFETY RECEIVES PURSUANT TO FEDERAL LAW PROCEEDS FROM A 1,335
SALE OF FORFEITED CONTRABAND, PROCEEDS FROM ANOTHER DISPOSITION 1,336
OF FORFEITED CONTRABAND, OR FORFEITED CONTRABAND MONEYS, THE 1,337
APPROPRIATE GOVERNMENTAL OFFICIALS SHALL DEPOSIT INTO THE FOOD 1,338
STAMP CONTRABAND, FORFEITURE, AND OTHER FUND ALL INTEREST OR 1,339
OTHER EARNINGS DERIVED FROM THE INVESTMENT OF THE PROCEEDS OR 1,340
FORFEITED MONEYS. THE DEPARTMENT SHALL USE AND ACCOUNT FOR THAT 1,341
INTEREST OR OTHER EARNINGS IN ACCORDANCE WITH THE APPLICABLE 1,342
FEDERAL LAW.
(e) Divisions (D)(1) to (3) of this section do not apply 1,344
to proceeds or forfeited moneys received pursuant to federal law 1,346
or to the interest or other earnings that are derived from the 1,347
investment of proceeds or forfeited moneys received pursuant to 1,348
federal law and that are described in division (D)(4)(b) of this 1,349
section.
(E) Upon the sale pursuant to this section of any property 1,351
that is required to be titled or registered under law, the state 1,352
shall issue an appropriate certificate of title or registration 1,353
to the purchaser. If the state is vested with title pursuant to 1,354
division (C) of this section and elects to retain property that 1,355
is required to be titled or registered under law, the state shall 1,356
issue an appropriate certificate of title or registration. 1,357
(F) Notwithstanding any provisions of this section to the 1,359
36
contrary, any property that is lawfully seized in relation to a 1,360
violation of section 2923.32 of the Revised Code shall be subject 1,361
to forfeiture and disposition in accordance with sections 2923.32 1,362
to 2923.36 of the Revised Code, and any property that is 1,364
forfeited pursuant to section 2925.42 or 2925.43 of the Revised 1,365
Code in relation to a felony drug abuse offense, as defined in 1,366
section 2925.01 of the Revised Code, or in relation to an act 1,367
that, if committed by an adult, would be a felony drug abuse 1,368
offense of that nature, may be subject to forfeiture and
disposition in accordance with sections 2925.41 to 2925.45 of the 1,370
Revised Code or this section. 1,371
(G) Any failure of a law enforcement officer or agency, a 1,373
prosecuting attorney, village solicitor, city director of law, or 1,374
similar chief legal officer, a court, or the attorney general to 1,375
comply with any duty imposed by this section in relation to any 1,376
property seized or with any other provision of this section in 1,377
relation to any property seized does not affect the validity of 1,378
the seizure of the property, provided the seizure itself was made 1,379
in accordance with law, and is not and shall not be considered to 1,380
be the basis for the suppression of any evidence resulting from 1,381
the seizure of the property, provided the seizure itself was made 1,382
in accordance with law. 1,383
(H) Contraband that has been forfeited pursuant to 1,385
division (C) of this section shall not be available for use to 1,386
pay any fine imposed upon a person who is convicted of or pleads 1,387
guilty to an underlying criminal offense or a different offense 1,388
arising out of the same facts and circumstances. 1,389
Sec. 3701.022. As used in sections 3701.021 to 3701.028 of 1,399
the Revised Code: 1,400
(A) "Medically handicapped child" means an Ohio resident 1,402
under twenty-one years of age who suffers primarily from an 1,403
organic disease, defect, or a congenital or acquired physically 1,404
handicapping and associated condition that may hinder the 1,405
achievement of normal growth and development. 1,406
37
(B) "Provider" means a health professional, hospital, 1,408
medical equipment supplier, and any individual, group, or agency 1,409
that is approved by the department of health pursuant to division 1,410
(C) of section 3701.023 of the Revised Code and that provides or 1,411
intends to provide goods or services to a child who is eligible 1,412
for the program for medically handicapped children. 1,413
(C) "Service coordination" means case management services 1,415
provided to medically handicapped children that promote effective 1,416
and efficient organization and utilization of public and private 1,417
resources and ensure that care rendered is family-centered, 1,418
community-based, and coordinated. 1,419
(D)(1) "Third party" means any person or government entity 1,421
other than the following: 1,422
(a) A medically handicapped child participating in the 1,424
program for medically handicapped children or his parent or 1,425
guardian; 1,426
(b) The department or any program administered by the 1,428
department, including the hospital motor vehicle claims program 1,429
established under sections 3701.61 to 3701.69 of the Revised Code 1,430
and the "Maternal and Child Health Block Grant," Title V of the 1,431
"Social Security Act," 95 Stat. 818 (1981), 42 U.S.C.A. 701, as 1,432
amended; 1,433
(c) The "caring program for children" operated by the 1,435
nonprofit community mutual insurance corporation. 1,436
(2) "Third party" includes all of the following: 1,438
(a) Any trust established to benefit a medically 1,440
handicapped child participating in the program or his family or 1,441
guardians, if the trust was established after the date the 1,442
medically handicapped child applied to participate in the 1,443
program; 1,444
(b) That portion of a trust designated to pay for the 1,446
medical and ancillary care of a medically handicapped child, if 1,447
the trust was established on or before the date the medically 1,448
handicapped child applied to participate in the program; 1,449
38
(c) The program awarding reparations to victims of crime 1,451
established under sections 2743.51 to 2743.72 of the Revised 1,452
Code. 1,453
(E) "Third-party benefits" means any and all benefits paid 1,455
by a third party to or on behalf of a medically handicapped child 1,456
participating in the program or his parent or guardian for goods 1,457
or services that are authorized by the department pursuant to 1,458
division (B) or (D) of section 3701.023 of the Revised Code. 1,459
Sec. 3701.07. (A) The public health council shall adopt 1,468
rules in accordance with Chapter 119. of the Revised Code 1,469
defining and classifying hospitals and dispensaries and providing 1,470
for the reporting of classification information by hospitals and 1,471
dispensaries. The rules may require each hospital to report 1,472
information in the following categories, shall limit the 1,473
information to information necessary to classify hospitals and 1,474
dispensaries as general or specialty facilities, and shall not 1,475
include any confidential patient data or any information 1,476
concerning the financial condition, income, expenses, or net 1,477
worth of the facilities other than that financial information 1,478
already contained in those portions of the medicare or medicaid 1,479
cost report that is necessary for the department of health to 1,480
certify the per diem cost under section 3701.62 of the Revised 1,481
Code: 1,482
(1) Information needed to identify and classify the 1,484
institution; 1,485
(2) Information on facilities and type and volume of 1,487
services provided by the institution; 1,488
(3) The number of beds listed by category of care 1,490
provided; 1,491
(4) The number of licensed or certified professional 1,493
employees by classification; 1,494
(5) Information necessary for calculation of a per diem 1,496
rate for reimbursement under section 3701.62 of the Revised Code; 1,497
(6) The number of births that occurred at the institution 1,499
39
the previous calendar year. 1,500
Every hospital and dispensary, public or private, annually 1,502
shall register with and report to the department of health on 1,503
forms prescribed in rules adopted under this division. 1,504
(B) Every governmental entity or private nonprofit 1,506
corporation or association whose employees or representatives are 1,507
defined as residents' rights advocates under divisions (E)(1) and 1,508
(2) of section 3721.10 or division (A)(10) of section 3722.01 of 1,509
the Revised Code shall register with the department of health on 1,510
forms furnished by the director of health and shall provide such 1,511
reasonable identifying information as he may prescribe. 1,512
The department shall compile a list of the governmental 1,514
entities, corporations, or associations registering under this 1,515
division and shall update the list annually. Copies of the list 1,516
shall be made available to nursing home administrators as defined 1,517
in division (C) of section 3721.10 of the Revised Code and to 1,518
adult care facility managers as defined in section 3722.01 of the 1,519
Revised Code. 1,520
(C) Every governmental entity or private nonprofit 1,522
corporation or association whose employees or representatives act 1,523
as residents' rights advocates for community alternative homes 1,524
pursuant to section 3724.08 of the Revised Code shall register 1,525
with the department of health on forms furnished by the director 1,526
of health and shall provide such reasonable identifying 1,527
information as he may prescribe. 1,528
The department shall compile a list of the governmental 1,530
entities, corporations, and associations registering under this 1,531
division and shall update the list annually. Copies of the list 1,532
shall be made available to operators or residence managers of 1,533
community alternative homes as defined in section 3724.01 of the 1,534
Revised Code. 1,535
Sec. 3701.83. (A) There is hereby created in the state 1,544
treasury the general operations fund. Moneys in the fund shall 1,545
be used for the purposes specified in sections 3701.04, 3701.344, 1,546
40
3701.88, 3702.20, 3710.15, 3711.021, 3721.02, 3722.04, 3732.04, 1,548
3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 1,549
3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 of the 1,550
Revised Code.
(B) THE ALCOHOL TESTING PROGRAM FUND IS HEREBY CREATED IN 1,553
THE STATE TREASURY. THE DIRECTOR OF HEALTH SHALL USE THE FUND TO
ADMINISTER AND ENFORCE THE ALCOHOL TESTING AND PERMIT PROGRAM 1,554
AUTHORIZED BY SECTION 3701.143 OF THE REVISED CODE. 1,555
THE FUND SHALL RECEIVE TRANSFERS FROM THE LIQUOR CONTROL 1,558
FUND CREATED UNDER SECTION 4301.12 OF THE REVISED CODE. ALL 1,559
INVESTMENT EARNINGS OF THE ALCOHOL TESTING PROGRAM FUND SHALL BE 1,560
CREDITED TO THE FUND.
Sec. 4301.12. The division of liquor control shall provide 1,571
for the custody, safekeeping, and deposit of all moneys, checks, 1,572
and drafts received by it or any of its employees or agents prior 1,573
to paying them to the treasurer of state as provided by section 1,574
113.08 of the Revised Code.
A sum equal to three dollars and thirty-eight cents for 1,576
each gallon of spirituous liquor sold by the division during the 1,578
period covered by the payment shall be paid into the state
treasury to the credit of the general revenue fund. All moneys 1,579
received from permit fees shall be paid to the credit of the 1,580
undivided liquor permit fund established by section 4301.30 of 1,581
the Revised Code. 1,582
Except as otherwise provided by law, all moneys collected 1,584
under Chapters 4301. and 4303. of the Revised Code shall be paid 1,585
by the division into the state treasury to the credit of the 1,586
liquor control fund, which is hereby created. 1,587
Whenever, in the judgment of the director of budget and 1,589
management, the amount in the custody of the treasurer of state 1,590
to the credit of the liquor control fund is in excess of that 1,591
needed to meet the maturing obligations of the division and, as 1,593
working capital for its further operations, AND AS REQUIRED FOR
THE ALCOHOL TESTING PROGRAM UNDER SECTION 3701.143 OF THE REVISED 1,594
41
CODE, the director shall transfer the excess to the state 1,596
treasury to the credit of the general revenue fund. 1,597
Sec. 4501.03. The registrar of motor vehicles shall open 1,605
an account with each county and district of registration in the 1,606
state, and may assign each county and district of registration in 1,607
the state a unique code for identification purposes. Except as 1,608
provided in division (C) of section 4501.14, section 4501.044, or 1,610
division (B)(1) of section 4501.045 of the Revised Code, the 1,611
registrar shall pay all moneys the registrar receives under 1,612
sections 4503.02, 4503.12, and 4504.09 of the Revised Code into 1,613
the state treasury to the credit of the auto registration 1,614
distribution fund, which is hereby created, for distribution in 1,615
the manner provided for in this section and sections 4501.04, 1,616
4501.041, 4501.042, and 4501.043 of the Revised Code. All other 1,617
moneys received by the registrar shall be deposited in the state 1,618
bureau of motor vehicles fund established in section 4501.25 of 1,619
the Revised Code for the purposes enumerated in that section, 1,620
unless otherwise provided by law. 1,621
All moneys credited to the auto registration distribution 1,623
fund shall be distributed to the counties and districts of 1,624
registration, except for funds received by the registrar under 1,625
section 4504.09 of the Revised Code, after receipt of 1,626
certifications from the commissioners of the sinking fund 1,627
certifying, as required by sections 5528.15 and 5528.35 of the 1,628
Revised Code, that there are sufficient moneys to the credit of 1,629
the highway improvement bond retirement fund created by section 1,630
5528.12 of the Revised Code to meet in full all payments of 1,631
interest, principal, and charges for the retirement of bonds and 1,632
other obligations issued pursuant to Section 2g of Article VIII, 1,633
Ohio Constitution, and sections 5528.10 and 5528.11 of the 1,634
Revised Code due and payable during the current calendar year, 1,635
and that there are sufficient moneys to the credit of the highway 1,636
obligations bond retirement fund created by section 5528.32 of 1,637
the Revised Code to meet in full all payments of interest, 1,638
42
principal, and charges for the retirement of highway obligations 1,639
issued pursuant to Section 2i of Article VIII, Ohio Constitution, 1,640
and sections 5528.30 and 5528.31 of the Revised Code due and 1,641
payable during the current calendar year, in the manner provided 1,642
in section 4501.04 of the Revised Code. 1,643
The treasurer of state may invest any portion of the moneys 1,645
credited to the auto registration distribution fund, in the same 1,646
manner and subject to all the laws with respect to the investment 1,647
of state funds by the treasurer of state, and all investment 1,648
earnings of the fund shall be credited to the fund. 1,650
Once each month the registrar shall prepare vouchers in 1,652
favor of the county auditor of each county for the amount of the 1,653
tax collection pursuant to sections 4503.02 and 4503.12 of the 1,654
Revised Code apportioned to the county and to the districts of 1,655
registration located wholly or in part in the county auditor's 1,657
county. The county auditor shall distribute the proceeds of the
tax collections due the county and the districts of registration 1,659
in the manner provided in section 4501.04 of the Revised Code. 1,660
Once each month the registrar also shall prepare vouchers 1,662
in favor of the county auditor of each county levying a county 1,663
motor vehicle license tax pursuant to section 4504.02, 4504.15, 1,664
or 4504.16 of the Revised Code and of each county in which is 1,665
located one or more townships levying a township motor vehicle 1,666
license tax pursuant to section 4504.18 of the Revised Code for 1,667
the amount of the tax due the county or townships in the county. 1,668
All moneys received by the registrar under sections 1,670
4503.02, 4503.12, and 4504.09 of the Revised Code shall be 1,671
distributed to counties, townships, and municipal corporations 1,672
within thirty days of the expiration of the registration year, 1,673
except that a sum equal to five per cent of the total amount 1,674
received under sections 4503.02 and 4503.12 of the Revised Code 1,675
may be reserved to make final adjustments in accordance with the 1,676
formula for distribution set forth in section 4501.04 of the 1,677
Revised Code. If amounts set aside to make the adjustments are 1,678
43
inadequate, necessary adjustments shall be made immediately out 1,679
of funds available for distribution for the following two 1,680
registration years. 1,681
Sec. 4501.14. (A) There is hereby created in the state 1,690
treasury the central registration fund, to which shall be 1,691
credited the fees charged in division (G) of section 4503.102 of 1,692
the Revised Code, unless otherwise provided by law. Additional 1,693
expenses EXPENSES incurred by the registrar of motor vehicles for 1,694
implementation of the central mail-in system of motor vehicle 1,695
registration renewals shall be charged to the central 1,696
registration fund. THE DIRECTOR OF BUDGET AND MANAGEMENT MAY 1,698
TRANSFER EXCESS MONEY FROM THE CENTRAL REGISTRATION FUND TO THE
STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED BY SECTION 1,699
4501.25 OF THE REVISED CODE IF THE REGISTRAR DETERMINES THE 1,700
AMOUNT OF MONEY IN THE CENTRAL REGISTRATION FUND EXCEEDS THE 1,701
AMOUNT REQUIRED TO COVER COSTS AND REQUESTS THE DIRECTOR TO MAKE
THE TRANSFER. All investment earnings of the central 1,702
registration fund shall be credited to the central registration 1,703
fund. 1,704
(B) By the fifteenth day of October of each year, the 1,706
registrar and the director of the office of budget and management 1,707
shall determine and certify for the preceding fiscal year the 1,708
amount, if any, by which the fees collected and paid into the 1,709
central registration fund exceed the expenses incurred by the 1,710
registrar during such year that are determined to be expenses 1,711
that would not have been incurred except for the enactment of 1,712
Amended Substitute Senate Bill No. 1 of the 117th general 1,713
assembly. The amount of the excess shall be transferred from the 1,714
central registration fund to the auto registration distribution 1,715
fund within ten days of the date on which the certification is 1,716
made, except as follows: 1,717
(1) First, the registrar and the director may determine 1,719
the amount of the excess, if any, that will be necessary to meet 1,720
anticipated expenses in the next fiscal year and that amount 1,721
44
shall be retained in the central registration fund; 1,722
(2) Second, the amount of the remaining excess, if any, 1,724
equal to the number of motor vehicles inspected pursuant to 1,725
section 4505.061 of the Revised Code as determined and certified 1,726
by the registrar, multiplied by fifty cents shall be transferred 1,727
into the state bureau of motor vehicles fund established by 1,728
section 4501.25 of the Revised Code. 1,729
(C) The director of the office of budget and management 1,731
shall determine and certify the amount of any estimated 1,732
deficiency in the central registration fund. The amount of the 1,733
deficiency shall be paid into the central registration fund from 1,734
moneys received by the registrar under section 4503.02 of the 1,735
Revised Code, at such times and in a manner determined by the 1,736
director and the registrar. 1,737
Sec. 4501.15. (A) The department of public safety shall 1,746
not provide social security numbers from its driver license and 1,748
vehicle registration records to any person, except local, state, 1,749
or federal governmental agencies. This section DIVISION does not 1,750
preclude the registrar from reporting a person's social security 1,752
number if the number was provided in the request for information.
(B) THE DEPARTMENT SHALL NOT PROVIDE TO ANY PERSON CREDIT 1,754
CARD ACCOUNT NUMBERS OR ANY OTHER INFORMATION OBTAINED WHEN A 1,755
PERSON USES A CREDIT CARD TO PAY MOTOR VEHICLE REGISTRATION TAXES 1,756
OR FEES, LICENSE FEES, OR OTHER SIMILAR TAXES, FEES, PENALTIES, 1,757
OR CHARGES IMPOSED OR LEVIED BY THE STATE AND COLLECTED BY THE 1,758
DEPARTMENT, EXCEPT THAT SUCH INFORMATION MAY BE PROVIDED TO THE 1,759
FINANCIAL INSTITUTIONS AND CREDIT ISSUING COMPANIES DIRECTLY
INVOLVED IN THE CREDIT TRANSACTION OR TO LOCAL, STATE, OR FEDERAL 1,760
GOVERNMENTAL AGENCIES.
Sec. 4501.16. THERE IS HEREBY CREATED IN THE STATE 1,762
TREASURY THE MARCS MAINTENANCE FUND. THE FUND SHALL CONSIST OF 1,763
MONEYS RECEIVED BY THE STATE HIGHWAY PATROL FROM USERS OF THE 1,765
MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM (MARCS). THE FUND SHALL 1,766
BE USED TO PROVIDE MAINTENANCE FOR MARCS-RELATED EQUIPMENT 1,767
45
LOCATED AT BOTH THE MARCS FACILITIES AND TOWER SITES. ALL 1,769
INVESTMENT EARNINGS ON MONEYS IN THE FUND SHALL BE CREDITED TO 1,770
THE FUND.
Sec. 4501.19. There is hereby created in the state 1,779
treasury the law enforcement reimbursement fund. The LAW 1,780
ENFORCEMENT REIMBURSEMENT fund shall consist of those fees 1,781
collected by the registrar of motor vehicles under division 1,783
(A)(6) of section 4503.233 of the Revised Code, and shall be used 1,784
to make payments to law enforcement agencies in accordance with 1,785
that division. HOWEVER, THE DIRECTOR OF BUDGET AND MANAGEMENT 1,786
MAY TRANSFER EXCESS MONEY FROM THE LAW ENFORCEMENT REIMBURSEMENT 1,787
FUND TO THE BUREAU OF MOTOR VEHICLES FUND CREATED IN SECTION 1,788
4501.25 OF THE REVISED CODE IF THE REGISTRAR DETERMINES THAT THE
AMOUNT OF MONEY IN THE LAW ENFORCEMENT REIMBURSEMENT FUND EXCEEDS 1,789
THE AMOUNTS REQUIRED TO BE PAID BY DIVISION (A)(6) OF SECTION 1,790
4503.233 OF THE REVISED CODE, AND THE REGISTRAR REQUESTS THE 1,791
DIRECTOR TO MAKE THE TRANSFER. All investment earnings of the 1,792
LAW ENFORCEMENT REIMBURSEMENT fund shall be credited to the fund. 1,793
Sec. 4501.20. There is hereby created in the state 1,802
treasury the collegiate license plate fund. The fund shall 1,803
consist of the contributions and fees that are paid to the 1,804
registrar of motor vehicles by applicants who voluntarily choose 1,805
to obtain collegiate license plates pursuant to section 4503.51 1,806
of the Revised Code. 1,807
A contribution deposited in the fund shall be paid to the 1,809
university or college whose name or marking or design appears on 1,810
collegiate license plates that are issued to a person under 1,811
section 4503.51 of the Revised Code. A university or college 1,812
that receives contributions from the fund shall deposit the 1,813
contributions into its general scholarship fund. The fees 1,814
deposited in the fund shall be used to pay the expenses the 1,815
bureau of motor vehicles incurs in providing the additional 1,816
services required in the issuing of collegiate license plates. 1,817
All 1,818
46
ALL investment earnings of the COLLEGIATE LICENSE PLATE 1,820
fund shall be credited to the fund. 1,821
Sec. 4501.22. There is hereby created in the state 1,830
treasury the pro football hall of fame license plate fund. The 1,831
fund shall consist of the contributions and fees that are paid to 1,832
the registrar of motor vehicles by applicants who voluntarily 1,833
choose to obtain pro football hall of fame license plates 1,834
pursuant to section 4503.55 of the Revised Code. 1,835
A contribution deposited in the fund shall be paid to the 1,837
pro football hall of fame, which shall deposit the contribution 1,838
into a special bank account that it establishes and that shall be 1,839
separate and distinct from any other account maintained by the 1,840
pro football hall of fame, to be used exclusively for the purpose 1,841
of promoting the pro football hall of fame as a travel 1,842
destination.
The fees deposited in the pro football hall of fame license 1,844
plate fund shall be used to pay the expenses the bureau of motor 1,846
vehicles incurs in providing the additional services required in 1,847
the issuing of pro football hall of fame license plates. 1,848
All investment earnings of the pro football hall of fame 1,850
license plate fund shall be credited to the fund. 1,851
Sec. 4501.28. THERE IS HEREBY CREATED IN THE STATE 1,853
TREASURY THE MARCS OPERATIONS FUND. THE FUND SHALL CONSIST OF 1,854
MONEYS RECEIVED BY THE EMERGENCY MANAGEMENT AGENCY ESTABLISHED 1,855
UNDER SECTION 5502.22 OF THE REVISED CODE FROM USERS OF THE 1,856
MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM (MARCS). THE FUND SHALL 1,857
BE USED TO PROVIDE FOR THE SYSTEMS OPERATIONS OF MARCS. ALL 1,858
INVESTMENT EARNINGS ON MONEYS IN THE FUND SHALL BE CREDITED TO
THE FUND.
Sec. 4503.102. (A) The registrar of motor vehicles shall 1,867
adopt rules to establish a centralized system of motor vehicle 1,868
registration renewal by mail. Any person owning a motor vehicle 1,869
that was registered in his THE PERSON'S name during the preceding 1,871
registration year shall renew the registration of the motor 1,872
47
vehicle either by mail through the centralized system of 1,873
registration established under this section or in person at a 1,874
deputy registrar's office.
(B)(1) No less than forty-five days prior to the 1,876
expiration date of any motor vehicle registration, the registrar 1,877
shall mail a renewal notice to the person in whose name the motor 1,878
vehicle is registered. The renewal notice shall clearly state 1,879
that the registration of the motor vehicle may be renewed by mail 1,880
through the centralized system of registration or in person at a 1,881
deputy registrar's office and shall be preprinted with 1,882
information including, but not limited to, the owner's name and 1,883
residence address as shown in the records of the bureau of motor 1,884
vehicles, a brief description of the motor vehicle to be 1,885
registered, notice of the license taxes and fees due on the motor 1,886
vehicle, the toll-free telephone number of the registrar as 1,887
required under division (D)(1) of section 4503.031 of the Revised 1,888
Code, and any additional information the registrar may require by 1,889
rule. The renewal notice shall be sent by regular mail to the 1,891
owner's last known address as shown in the records of the bureau
of motor vehicles. 1,892
(2) If the application for renewal of the registration of 1,895
a motor vehicle is prohibited from being accepted by the 1,896
registrar or a deputy registrar by division (D) of section 1,897
2935.27, division (A) of section 2937.221, division (B) of 1,898
section 4507.168, or division (B)(1) of section 4521.10 of the 1,899
Revised Code, the registrar is not required to send a renewal 1,900
notice to the vehicle owner or vehicle lessee.
(C) The owner of the motor vehicle shall verify the 1,902
information contained in the notice, sign it, and return it, in 1,903
person to a deputy registrar or by mail to the registrar, 1,904
together with a credit card number, when permitted by rule of the 1,905
registrar, check, or money order in the amount of the 1,906
registration taxes and fees payable on the motor vehicle and a 1,907
mail fee of two dollars and twenty-five cents plus postage as 1,908
48
indicated on the notice, if the registration is renewed by mail, 1,909
and an inspection certificate for the motor vehicle as provided 1,910
in section 3704.14 of the Revised Code. 1,911
(D) If all registration and transfer fees for the motor 1,913
vehicle for the preceding year or the preceding period of the 1,914
current registration year have not been paid, if division (D) of 1,915
section 2935.27, division (A) of section 2937.221, division (B) 1,917
of section 4507.168, or division (B)(1) of section 4521.10 of the 1,918
Revised Code prohibits acceptance of the renewal notice, or if
the owner or lessee does not have an inspection certificate for 1,920
the motor vehicle as provided in section 3704.14 of the Revised 1,921
Code, if that section is applicable, the license shall be refused 1,922
and the registrar or deputy registrar shall so notify the owner. 1,923
This section does not require the payment of license or 1,924
registration taxes on a motor vehicle for any preceding year, or 1,925
for any preceding period of a year, if the motor vehicle was not 1,926
taxable for that preceding year or period under section 4503.02, 1,927
4503.04, 4503.11, 4503.12, or 4503.16 or Chapter 4504. of the 1,928
Revised Code. 1,929
(E)(1) Failure to receive a renewal notice does not 1,931
relieve a motor vehicle owner from the responsibility to renew 1,933
the registration for the motor vehicle. Any person who has a 1,934
motor vehicle registered in this state and who does not receive a 1,935
renewal notice as provided in division (B) of this section prior 1,936
to the expiration date of the registration shall request an 1,937
application for registration from the registrar or a deputy 1,938
registrar and return the signed application and any applicable 1,939
license taxes and fees to the registrar or deputy registrar. 1,940
(2) If the owner of a motor vehicle submits an application 1,942
for registration and the registrar is prohibited by division (D) 1,943
of section 2935.27, division (A) of section 2937.221, division 1,946
(B) of section 4507.168, or division (B)(1) of section 4521.10 of 1,948
the Revised Code from accepting the application, the registrar
shall return the application and the payment to the owner and 1,949
49
also shall include an explanatory notice as described in division 1,950
(B)(2) of this section.
(F) Every deputy registrar shall post in a prominent place 1,952
at the deputy's office a notice informing the public of the mail 1,954
registration system required by this section, and also shall post 1,955
a notice that every owner of a motor vehicle and every chauffeur 1,956
holding a certificate of registration is required to notify the 1,957
registrar in writing of any change of residence within ten days 1,958
after the change occurs. The notice shall be in such form as the 1,959
registrar prescribes by rule. 1,960
(G) The two dollars and twenty-five cents fee, plus 1,962
postage and any credit card surcharge collected by the registrar 1,963
for registration by mail, shall be paid to the credit of the 1,964
central registration fund established by section 4501.14 of the 1,965
Revised Code. 1,966
(H) No later than January 1, 1991, the registrar shall 1,968
implement the initial phase of a credit card payment program 1,969
permitting payment of motor vehicle renewal registration taxes 1,970
and fees by means of a credit card when such renewal is made by 1,971
mail. No later than January 1, 1993, the THE registrar shall MAY 1,973
implement the final phase of the credit card payment A program 1,974
permitting payment of motor vehicle registration taxes and fees, 1,975
driver's license and commercial driver's license fees, and any 1,976
other taxes, fees, PENALTIES, or charges imposed or levied by the 1,978
state relating to such registrations and licenses that are 1,979
collected by the registrar or a deputy registrar by means of a 1,980
credit card when such motor vehicle registrations, license 1,981
applications, or other similar state-related transactions are 1,982
made in person at the office of the registrar or at a deputy 1,983
registrar's office. The registrar shall MAY adopt rules as 1,984
necessary for this purpose. No deputy registrar shall accept a 1,986
credit card as payment for the purchase of any goods sold by the 1,987
deputy registrar and any tax imposed by Chapter 5739. of the 1,988
Revised Code on the sale of such goods. 1,989
50
If a person uses a credit card to pay motor vehicle 1,991
registration taxes or fees, license fees, or other similar taxes, 1,992
fees, PENALTIES, or charges imposed or levied by the state as 1,993
provided in this section, a surcharge sufficient to pay the 1,995
required service charge of the financial institution or credit 1,996
card company shall be paid by the person using the credit card. 1,997
(I) For persons who reside in counties where tailpipe 1,999
emissions inspections are required under the motor vehicle 2,000
inspection and maintenance program, the notice required by 2,001
division (B) of this section shall also include the toll-free 2,002
telephone number maintained by the Ohio environmental protection 2,003
agency to provide information concerning the locations of 2,004
emissions testing centers. 2,005
Sec. 4503.191. (A) The identification license plate shall 2,014
be issued for a multi-year period as determined by the director 2,016
of public safety, and shall be accompanied by a validation 2,017
sticker, to be attached to the license plate. The validation 2,018
sticker shall indicate the expiration of the registration period
to which the motor vehicle for which the license plate is issued 2,019
is assigned, in accordance with rules adopted by the registrar. 2,020
During each succeeding year of the multi-year period following 2,022
the issuance of the plate and validation sticker, upon the filing 2,023
of an application for registration and the payment of the tax 2,024
therefor, a validation sticker alone shall be issued. The
validation stickers required under this section shall be of 2,025
different colors or shades each year, the new colors or shades to 2,026
be selected by the director.
(B) Identification license plates and, validation stickers 2,029
required under this section, AND COUNTY IDENTIFICATION STICKERS 2,030
shall be produced by Ohio penal industries. HOWEVER, THE 2,031
REGISTRAR AND OHIO PENAL INDUSTRIES MAY ENTER INTO AN AGREEMENT 2,033
UNDER WHICH THE BUREAU OF MOTOR VEHICLES AT CERTAIN TIMES MAY 2,034
PRODUCE CERTAIN TYPES OF VALIDATION AND COUNTY IDENTIFICATION 2,035
STICKERS. THE AGREEMENT SHALL SPECIFY THOSE TIMES AND TYPES OF 2,036
51
STICKERS.
Sec. 4503.51. (A) The owner of any passenger car, 2,045
noncommercial motor vehicle, or recreational vehicle may 2,046
voluntarily choose to submit an application to the registrar of 2,047
motor vehicles for registration of such motor vehicle and for 2,048
issuance of collegiate license plates. The request for a 2,049
collegiate license plate may be combined with a request for a 2,051
special reserved license plate under section 4503.40 or 4503.42 2,052
of the Revised Code.
Upon receipt of an application for registration of a 2,054
passenger car, noncommercial motor vehicle, or recreational 2,055
vehicle in accordance with any rules adopted under this section 2,056
and upon compliance with division (B) of this section, the 2,057
registrar shall issue to the applicant appropriate vehicle 2,059
registration and a set of collegiate license plates with a 2,060
validation sticker, or a validation sticker alone when required
by section 4503.191 of the Revised Code. 2,061
In addition to the letters and numbers ordinarily inscribed 2,063
thereon, collegiate license plates shall be inscribed with the 2,065
name of a university or college that is participating with the 2,067
registrar in the issuance of collegiate license plates, or any 2,068
other identifying marking or design selected by such a university 2,069
or college and approved by the registrar. Collegiate license
plates shall bear county identification stickers unless the 2,071
registrar approves a design for the license plates that does not 2,072
allow for the placement of the county identification sticker. 2,073
(B) The collegiate license plates and validation sticker 2,075
shall be issued upon receipt of a contribution as provided in 2,076
division (C) of this section and payment of the regular license 2,077
fees as prescribed under section 4503.04 of the Revised Code, any 2,078
applicable motor vehicle tax levied under Chapter 4504. of the 2,079
Revised Code, a fee not to exceed ten dollars for the purpose of 2,080
compensating the bureau of motor vehicles for additional services 2,081
required in the issuing of collegiate license plates, and 2,082
52
compliance with all other applicable laws relating to the 2,084
registration of motor vehicles, including presentation of any 2,085
inspection certificate required to be obtained for the motor 2,086
vehicle under section 3704.14 of the Revised Code. If the 2,087
application for a collegiate license plate is combined with a 2,088
request for a special reserved license plate under section 2,089
4503.40 or 4503.42 of the Revised Code, the license plate and 2,090
validation sticker shall be issued upon payment of the
contribution, fees, and taxes referred to in this division, the 2,091
additional fee prescribed under section 4503.40 or 4503.42 of the 2,093
Revised Code, and compliance with all other laws relating to the 2,094
registration of motor vehicles, including presentation of any 2,095
inspection certificate required to be obtained for the motor 2,096
vehicle under section 3704.14 of the Revised Code. 2,097
(C) The registrar shall collect a contribution of forty 2,101
dollars for each application for registration and registration 2,102
renewal notice under this section.
The registrar shall transmit this contribution and the TO 2,105
THE TREASURER OF STATE FOR DEPOSIT INTO THE COLLEGIATE LICENSE
PLATE FUND CREATED BY SECTION 4501.20 OF THE REVISED CODE. THE 2,106
additional fee not to exceed ten dollars that the applicant for 2,108
registration voluntarily pays for the purpose of compensating the 2,109
bureau for the additional services required in the issuing of his 2,110
THE collegiate license plates SHALL BE TRANSMITTED INTO THE STATE 2,111
TREASURY to the treasurer CREDIT of THE state for deposit in the 2,112
collegiate license plate BUREAU OF MOTOR VEHICLES fund created in 2,113
section 4501.20 4501.25 of the Revised Code. 2,114
(D) The registrar, in accordance with Chapter 119. of the 2,116
Revised Code, shall adopt rules necessary for the efficient 2,117
administration of the collegiate license plate program. 2,118
(E) As used in this section, "university or college" means 2,120
a state university or college or a private university or college 2,121
located in this state that possesses a certificate of 2,122
authorization issued by the Ohio board of regents pursuant to 2,123
53
Chapter 1713. of the Revised Code. "University or college" also 2,124
includes community colleges created pursuant to Chapter 3354. of 2,125
the Revised Code, university branches created pursuant to Chapter 2,126
3355. of the Revised Code, technical colleges created pursuant to 2,127
Chapter 3357. of the Revised Code, and state community colleges 2,128
created pursuant to Chapter 3358. of the Revised Code. 2,129
Sec. 4503.52. (A) The owner of any passenger car, 2,138
noncommercial motor vehicle, or recreational vehicle may apply to 2,139
the registrar of motor vehicles for the registration of the 2,140
vehicle and issuance of Lake Erie license plates. The 2,141
application for Lake Erie license plates may be combined with a 2,142
request for a special reserved license plate under section 2,143
4503.40 or 4503.42 of the Revised Code. Upon receipt of the 2,144
completed application and compliance with division (B) of this 2,145
section, the registrar shall issue to the applicant the 2,146
appropriate vehicle registration and a set of Lake Erie license 2,147
plates with a validation sticker or a validation sticker alone 2,148
when required by section 4503.191 of the Revised Code. 2,149
In addition to the letters and numbers ordinarily inscribed 2,151
thereon, Lake Erie license plates shall be inscribed with 2,152
identifying words or markings designed by the Ohio Lake Erie 2,153
commission and approved by the registrar. Lake Erie license 2,154
plates shall bear county identification stickers unless the 2,155
registrar approves a design for the license plates that does not 2,156
allow for the placement of the county identification sticker. 2,157
(B) The Lake Erie license plates and validation sticker 2,159
shall be issued upon receipt of a contribution as provided in 2,160
division (C) of this section and upon payment of the regular 2,161
license fees as prescribed under section 4503.04 of the Revised 2,162
Code, a fee not to exceed ten dollars for the purpose of 2,163
compensating the bureau of motor vehicles for additional services 2,164
required in the issuing of the Lake Erie license plates, any 2,165
applicable motor vehicle tax levied under Chapter 4504. of the 2,166
Revised Code, and compliance with all other applicable laws 2,167
54
relating to the registration of motor vehicles. If the 2,168
application for Lake Erie license plates is combined with a 2,169
request for a special reserved license plate under section 2,170
4503.40 or 4503.42 of the Revised Code, the license plate and 2,171
validation sticker shall be issued upon payment of the 2,172
contribution, fees, and taxes contained in this division and the 2,173
additional fee prescribed under section 4503.40 or 4503.42 of the 2,174
Revised Code. 2,175
(C) For each application for registration and registration 2,177
renewal he receives RECEIVED under this section, the registrar 2,178
shall collect a contribution in an amount not to exceed forty 2,179
dollars as determined by the Ohio Lake Erie commission. The 2,180
registrar shall transmit this contribution to the treasurer of 2,181
state for deposit in the Lake Erie protection fund created in 2,182
section 1506.23 of the Revised Code. 2,183
The registrar shall deposit the additional fee not to 2,185
exceed ten dollars specified in division (B) of this section that 2,186
the applicant for registration voluntarily pays for the purpose 2,187
of compensating the bureau for the additional services required 2,188
in the issuing of his THE Lake Erie license plates in the Lake 2,189
Erie license plate STATE BUREAU OF MOTOR VEHICLES fund created in 2,190
section 4501.21 4501.25 of the Revised Code. 2,191
Sec. 4503.55. (A) The owner of any passenger car, 2,200
noncommercial motor vehicle, or recreational vehicle may apply to 2,201
the registrar of motor vehicles for the registration of the 2,202
vehicle and issuance of pro football hall of fame license plates. 2,203
The application for pro football hall of fame license plates may 2,204
be combined with a request for a special reserved license plate 2,205
under section 4503.40 or 4503.42 of the Revised Code. Upon 2,206
receipt of the completed application and compliance with division 2,207
(B) of this section, the registrar shall issue to the applicant 2,208
the appropriate vehicle registration and a set of pro football 2,209
hall of fame license plates with a validation sticker or a 2,210
validation sticker alone when required by section 4503.191 of the 2,211
55
Revised Code. 2,212
In addition to the letters and numbers ordinarily inscribed 2,214
thereon, pro football hall of fame license plates shall be 2,215
inscribed with identifying words or markings designed by the pro 2,216
football hall of fame and approved by the registrar. Pro 2,217
football hall of fame plates shall bear county identification 2,218
stickers unless the registrar approves a design for the license 2,219
plates that does not allow for the placement of the county 2,220
identification sticker. 2,221
(B) The pro football hall of fame license plates and 2,223
validation sticker shall be issued upon receipt of a contribution 2,224
as provided in division (C) of this section and upon payment of 2,225
the regular license fees as prescribed under section 4503.04 of 2,226
the Revised Code, a fee not to exceed ten dollars for the purpose 2,227
of compensating the bureau of motor vehicles for additional 2,228
services required in the issuing of the pro football hall of fame 2,229
license plates, any applicable motor vehicle tax levied under 2,230
Chapter 4504. of the Revised Code, and compliance with all other 2,231
applicable laws relating to the registration of motor vehicles. 2,232
If the application for pro football hall of fame license plates 2,233
is combined with a request for a special reserved license plate 2,234
under section 4503.40 or 4503.42 of the Revised Code, the license 2,235
plate and validation sticker shall be issued upon payment of the 2,236
contribution, fees, and taxes contained in this division and the 2,237
additional fee prescribed under section 4503.40 or 4503.42 of the 2,238
Revised Code. 2,239
(C) For each application for registration and registration 2,241
renewal under this section, the registrar shall collect a 2,243
contribution of fifteen dollars. The registrar shall transmit 2,244
this contribution to the treasurer of state for deposit in the 2,245
pro football hall of fame license plate fund created in section 2,246
4501.22 of the Revised Code.
The registrar shall deposit the additional fee not to 2,248
exceed ten dollars specified in division (B) of this section that 2,249
56
the applicant for registration voluntarily pays for the purpose 2,250
of compensating the bureau for the additional services required 2,251
in the issuing of his THE APPLICANT'S pro football hall of fame 2,252
license plates in the pro football hall of fame license plate 2,254
STATE BUREAU OF MOTOR VEHICLES fund created in section 4501.22 2,256
4501.25 of the Revised Code.
Sec. 4503.56. (A) The owner of any passenger car, 2,265
noncommercial motor vehicle, or recreational vehicle may apply to 2,266
the registrar of motor vehicles for the registration of the 2,267
vehicle and issuance of scenic rivers license plates. The 2,268
application for scenic rivers license plates may be combined with 2,269
a request for a special reserved license plate under section 2,270
4503.40 or 4503.42 of the Revised Code. Upon receipt of the 2,271
completed application and compliance with division (B) of this 2,272
section, the registrar shall issue to the applicant the 2,273
appropriate vehicle registration and a set of scenic rivers 2,274
license plates with a validation sticker or a validation sticker 2,275
alone when required by section 4503.191 of the Revised Code. 2,276
In addition to the letters and numbers ordinarily inscribed 2,278
thereon, scenic rivers license plates shall be inscribed with 2,279
identifying words or markings designed by the department of 2,280
natural resources and approved by the registrar. Scenic rivers 2,281
license plates shall bear county identification stickers unless 2,282
the registrar approves a design for the license plates that does 2,283
not allow for the placement of the county identification sticker. 2,284
(B) The scenic rivers license plates and validation 2,286
sticker shall be issued upon receipt of a contribution as 2,287
provided in division (C) of this section and upon payment of the 2,288
regular license fees as prescribed under section 4503.04 of the 2,289
Revised Code, a fee not to exceed ten dollars for the purpose of 2,290
compensating the bureau of motor vehicles for additional services 2,291
required in the issuing of the scenic rivers license plates, any 2,292
applicable motor vehicle tax levied under Chapter 4504. of the 2,293
Revised Code, and compliance with all other applicable laws 2,294
57
relating to the registration of motor vehicles. If the 2,295
application for scenic rivers license plates is combined with a 2,296
request for a special reserved license plate under section 2,297
4503.40 or 4503.42 of the Revised Code, the license plate and 2,298
validation sticker shall be issued upon payment of the 2,299
contribution, fees, and taxes contained in this division and the 2,300
additional fee prescribed under section 4503.40 or 4503.42 of the 2,301
Revised Code. 2,302
(C) For each application for registration and registration 2,304
renewal under this section, the registrar shall collect a 2,306
contribution in an amount not to exceed forty dollars as 2,307
determined by the department of natural resources. The registrar 2,308
shall transmit this contribution to the treasurer of state for 2,309
deposit in the scenic rivers protection fund created in section 2,310
4501.24 of the Revised Code.
The registrar shall deposit the additional fee not to 2,312
exceed ten dollars specified in division (B) of this section that 2,313
the applicant for registration voluntarily pays for the purpose 2,314
of compensating the bureau for the additional services required 2,315
in the issuing of his THE APPLICANT'S scenic rivers license 2,316
plates in the scenic rivers protection license plate STATE BUREAU 2,318
OF MOTOR VEHICLES fund created in section 4501.23 4501.25 of the 2,320
Revised Code.
Sec. 4505.11. (A) Each owner of a motor vehicle and each 2,329
person mentioned as owner in the last certificate of title, when 2,330
the motor vehicle is dismantled, destroyed, or changed in such 2,331
manner that it loses its character as a motor vehicle, or changed 2,332
in such manner that it is not the motor vehicle described in the 2,333
certificate of title, shall surrender the certificate of title to 2,335
that motor vehicle to the clerk of the court of common pleas who
issued it, and thereupon the clerk, with the consent of any 2,337
holders of any liens noted thereon, shall enter a cancellation 2,338
upon the clerk's records and shall notify the registrar of motor 2,339
vehicles of the cancellation.
58
Upon the cancellation of a certificate of title in the 2,341
manner prescribed by this section, the clerk and the registrar of 2,343
motor vehicles may cancel and destroy all certificates and all 2,344
memorandum certificates in that chain of title. 2,345
(B) Where an Ohio certificate of title or salvage 2,347
certificate of title to a motor vehicle is assigned to a salvage 2,348
dealer, the dealer is not required to obtain an Ohio certificate 2,350
of title or a salvage certificate of title to the motor vehicle 2,351
in the dealer's own name if the dealer dismantles or destroys the 2,352
motor vehicle, indicates the number of the dealer's motor vehicle 2,353
salvage dealer's license thereon, marks "FOR DESTRUCTION" across 2,355
the face of the certificate of title or salvage certificate of 2,356
title, and surrenders the certificate of title or salvage 2,357
certificate of title to the clerk of the court of common pleas as 2,358
provided in division (A) of this section. If the salvage dealer 2,359
retains the motor vehicle for resale, the dealer shall make 2,360
application for a salvage certificate of title to the motor
vehicle in the dealer's own name as provided in division (C)(1) 2,361
of this section. 2,362
(C)(1) When an insurance company declares it economically 2,364
impractical to repair such a motor vehicle and has paid an agreed 2,365
price for the purchase of the motor vehicle to any insured or 2,366
claimant owner, the insurance company shall receive the 2,367
certificate of title and the motor vehicle and, except as 2,368
provided in division (C)(2) of this section, proceed as follows. 2,369
Within thirty days the insurance company shall deliver the 2,370
certificate of title to the clerk of the court of common pleas 2,371
and shall make application for a salvage certificate of title. 2,372
The clerk shall issue the salvage certificate of title on a form, 2,373
prescribed by the registrar, that shall be easily distinguishable 2,375
from the original certificate of title and shall bear the same 2,376
number and information as the original certificate of title. The 2,377
salvage certificate of title shall be assigned by the insurance 2,378
company to a salvage dealer or any other person for use as 2,379
59
evidence of ownership upon the sale or other disposition of the 2,380
motor vehicle, and the salvage certificate of title shall be 2,381
transferrable to any other person. The clerk shall charge a fee 2,382
of four dollars for the cost of processing each salvage 2,383
certificate of title. 2,384
(2) If an insurance company considers a motor vehicle as 2,386
described in division (C)(1) of this section to be impossible to 2,387
restore for highway operation, the insurance company may assign 2,388
the certificate of title to the motor vehicle to a salvage dealer 2,389
or scrap metal processing facility and send the assigned 2,390
certificate of title to the clerk of the court of common pleas of 2,391
the county in which the salvage dealer or scrap metal processing 2,392
facility is located. The insurance company shall mark the face 2,393
of the certificate of title "FOR DESTRUCTION" and shall deliver a 2,394
photocopy of the certificate of title to the salvage dealer or 2,395
scrap metal processing facility for its records. 2,396
(3) If an insurance company declares it economically 2,398
impractical to repair a motor vehicle, agrees to pay to the 2,399
insured or claimant owner an amount in settlement of a claim 2,400
against a policy of motor vehicle insurance covering the motor 2,401
vehicle, and agrees to permit the insured or claimant owner to 2,402
retain possession of the motor vehicle, the insurance company 2,403
shall not pay the insured or claimant owner any amount in 2,404
settlement of the insurance claim until the owner obtains a 2,405
salvage certificate of title to the vehicle and furnishes a copy 2,406
of the salvage certificate of title to the insurance company. 2,407
(D) When a self-insured organization, rental or leasing 2,409
company, or secured creditor becomes the owner of a motor vehicle 2,410
that is burned, damaged, or dismantled and is determined to be 2,411
economically impractical to repair, the self-insured 2,412
organization, rental or leasing company, or secured creditor 2,413
shall do one of the following: 2,414
(1) Mark the face of the certificate of title to the motor 2,416
vehicle "FOR DESTRUCTION" and surrender the certificate of title 2,417
60
to the clerk of the court of common pleas for cancellation as 2,418
described in division (A) of this section. The self-insured 2,419
organization, rental or leasing company, or secured creditor 2,420
thereupon shall deliver the motor vehicle, together with a 2,421
photocopy of the certificate of title, to a salvage dealer or 2,422
scrap metal processing facility and shall cause the motor vehicle 2,423
to be dismantled, flattened, crushed, or destroyed. 2,424
(2) Obtain a salvage certificate of title to the motor 2,426
vehicle in the name of the self-insured organization, rental or 2,427
leasing company, or secured creditor, as provided in division 2,428
(C)(1) of this section, and then sell or otherwise dispose of the 2,429
motor vehicle. If the motor vehicle is sold, the self-insured 2,430
organization, rental or leasing company, or secured creditor 2,431
shall obtain a salvage certificate of title to the motor vehicle 2,432
in the name of the purchaser from the clerk of the court of 2,433
common pleas of the county in which the purchaser resides. 2,434
(E) If a motor vehicle titled with a salvage certificate 2,436
of title is restored for operation upon the highways, application 2,437
shall be made to the clerk of the court of common pleas for a 2,438
certificate of title. Upon inspection by the state highway 2,439
patrol, which shall include establishing proof of ownership and 2,440
an inspection of the motor number and vehicle identification 2,441
number of the motor vehicle and of documentation or receipts for 2,442
the materials used in restoration by the owner of the motor 2,443
vehicle being inspected, which documentation or receipts shall be 2,444
presented at the time of inspection, the clerk, upon surrender of 2,445
the salvage certificate of title, shall issue a certificate of 2,446
title for a fee prescribed by the registrar. The certificate of 2,447
title shall be in the same form as the original certificate of 2,448
title, shall bear the same number as the salvage certificate of 2,449
title and the original certificate of title, and shall bear the 2,450
words "REBUILT SALVAGE" in black boldface letters on its face. 2,451
Every subsequent certificate of title, memorandum certificate of 2,452
title, or duplicate certificate of title issued for the motor 2,454
61
vehicle also shall bear the words "REBUILT SALVAGE" in black 2,456
boldface letters on its face. The exact location on the face of 2,457
the certificate of title of the words "REBUILT SALVAGE" shall be 2,458
determined by the registrar, who shall develop an automated 2,459
procedure within the automated title processing system to comply 2,460
with this division. The clerk shall use reasonable care in 2,461
performing the duties imposed on the clerk by this division in 2,462
issuing a certificate of title pursuant to this division, but the 2,464
clerk is not liable for any of the clerk's errors or omissions or 2,465
those of the clerk's deputies, or the automated title processing 2,467
system in the performance of those duties. A fee of twenty-five 2,468
FORTY dollars IN FISCAL YEAR 1998 AND FIFTY DOLLARS IN FISCAL 2,469
YEAR 1999 AND THEREAFTER shall be assessed by the state highway 2,470
patrol for each inspection made pursuant to this division and 2,471
shall be deposited into the state highway safety fund established 2,472
by section 4501.06 of the Revised Code. 2,473
(F) No person shall operate upon the highways in this 2,475
state a motor vehicle, title to which is evidenced by a salvage 2,476
certificate of title, except to deliver the motor vehicle 2,477
pursuant to an appointment for an inspection under this section. 2,478
(G) No motor vehicle the certificate of title to which has 2,480
been marked "FOR DESTRUCTION" and surrendered to the clerk of the 2,481
court of common pleas shall be used for anything except parts and 2,482
scrap metal. 2,483
Sec. 4505.111. Every motor vehicle, other than a motor 2,493
vehicle as provided in divisions (C), (D), and (E) of section 2,494
4505.11 of the Revised Code, that is assembled from component 2,495
parts by a person other than the manufacturer, shall be inspected 2,496
by the state highway patrol prior to issuance of title to the
motor vehicle. The inspection shall include establishing proof 2,497
of ownership and an inspection of the motor number and vehicle 2,498
identification number of the motor vehicle, and any items of 2,499
equipment the director of public safety considers advisable and 2,500
requires to be inspected by rule. A fee of twenty-five FORTY 2,501
62
dollars IN FISCAL YEAR 1998 AND FIFTY DOLLARS IN FISCAL YEAR 1999 2,502
AND THEREAFTER shall be assessed by the state highway patrol for 2,503
each inspection made pursuant to this section, and shall be 2,505
deposited in the state highway safety fund established by section 2,506
4501.06 of the Revised Code.
Sec. 4506.24. (A) Until January 1, 1997, a A restricted 2,515
commercial driver's license and waiver for farm-related service 2,516
industries may be issued by the registrar of motor vehicles to 2,517
allow a person to operate a commercial motor vehicle during 2,518
seasonal periods determined by the registrar and subject to the 2,519
restrictions set forth in this section. 2,520
(B) Upon receiving an application for a restricted 2,522
commercial driver's license under section 4506.07 of the Revised 2,523
Code and payment of a fee as provided in section 4506.08 of the 2,524
Revised Code, the registrar may issue such license to any person 2,525
who meets all of the following requirements: 2,526
(1) Has at least one year of driving experience in any 2,528
type of vehicle; 2,529
(2) Holds a valid driver's license, other than a 2,531
restricted license, issued under Chapter 4507. of the Revised 2,532
Code; 2,533
(3) Certifies that during the one-year period immediately 2,535
preceding his application, all of the following apply: 2,536
(a) He THE PERSON has not had more than one license; 2,538
(b) He THE PERSON has not had any license suspended, 2,540
revoked, or canceled; 2,542
(c) He THE PERSON has not had any convictions for any type 2,544
of motor vehicle for the offenses for which disqualification is 2,546
prescribed in section 4506.16 of the Revised Code; 2,547
(d) He THE PERSON has not had any violation of a state or 2,549
local law relating to motor vehicle traffic control other than a 2,551
parking violation arising in connection with any traffic accident 2,552
and has no record of an accident in which he THE PERSON was at 2,553
fault.
63
(4) Certifies and also provides evidence that he THE 2,555
PERSON is employed in one or more of the following farm-related 2,556
service industries requiring him THE PERSON to operate a 2,557
commercial motor vehicle: 2,558
(a) Custom harvesters; 2,560
(b) Farm retail outlets and suppliers; 2,562
(c) Agri-chemical business; 2,564
(d) Livestock feeders. 2,566
(C) An annual waiver for farm-related service industries 2,568
may be issued to authorize the holder of a restricted commercial 2,569
driver's license to operate a commercial motor vehicle during 2,570
seasonal periods designated by the registrar. The registrar 2,571
shall determine the format of the waiver. The total number of 2,572
days that a person may operate a commercial motor vehicle 2,573
pursuant to a waiver for farm-related service industries shall 2,574
not exceed one hundred eighty days in any twelve-month period. 2,575
Each time the holder of a restricted commercial driver's license 2,576
applies for a waiver for farm-related service industries, the 2,577
registrar shall verify that the person meets all of the 2,578
requirements set forth in division (B) of this section. The 2,579
restricted commercial driver's license and waiver shall be 2,580
carried at all times when a commercial motor vehicle is being 2,581
operated by the holder of the license and waiver. 2,582
(D) The holder of a restricted commercial driver's license 2,584
and valid waiver for farm-related service industries may operate 2,585
a class B or C commercial motor vehicle subject to all of the 2,586
following restrictions: 2,587
(1) The commercial motor vehicle is operated within a 2,589
distance of no more than one hundred fifty miles of the 2,590
employer's place of business or the farm currently being served; 2,591
(2) The operation of the commercial motor vehicle does not 2,593
involve transporting hazardous materials for which placarding is 2,594
required, except as follows: 2,595
(a) Diesel fuel in quantities of one thousand gallons or 2,597
64
less; 2,598
(b) Liquid fertilizers in vehicles or implements of 2,600
husbandry with total capacities of three thousand gallons or 2,601
less; 2,602
(c) Solid fertilizers that are not transported with any 2,604
organic substance. 2,605
(E) Except as otherwise provided in this section an 2,607
applicant for or holder of a restricted commercial driver's 2,608
license and waiver for farm-related service industries is subject 2,609
to the provisions of this chapter. Divisions (A)(4) and (B)(1) 2,610
of section 4506.07 and sections 4506.09 and 4506.10 of the 2,611
Revised Code do not apply to an applicant for a restricted 2,612
commercial driver's license and waiver. 2,613
Sec. 4507.45. IF A PERSON'S DRIVER'S LICENSE, COMMERCIAL 2,615
DRIVER'S LICENSE, OR NONRESIDENT OPERATING PRIVILEGE IS 2,616
SUSPENDED, DISQUALIFIED, OR REVOKED FOR AN INDEFINITE PERIOD OF 2,617
TIME OR FOR A PERIOD OF AT LEAST SIXTY DAYS, AND IF AT THE END OF 2,618
THE PERIOD OF SUSPENSION, DISQUALIFICATION, OR REVOCATION THE 2,619
PERSON IS ELIGIBLE TO HAVE THE LICENSE OR PRIVILEGE REINSTATED, 2,620
THE REGISTRAR SHALL COLLECT A REINSTATEMENT FEE OF THIRTY DOLLARS 2,621
WHEN THE PERSON REQUESTS REINSTATEMENT. HOWEVER, THE REGISTRAR 2,622
SHALL NOT COLLECT THE FEE PRESCRIBED BY THIS SECTION IF A 2,623
DIFFERENT DRIVER'S LICENSE, COMMERCIAL DRIVER'S LICENSE, OR 2,625
NONRESIDENT OPERATING PRIVILEGE REINSTATEMENT FEE IS PRESCRIBED 2,626
BY LAW.
Sec. 4511.101. (A) The director of transportation, in 2,635
accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended, 2,636
shall establish a program for the placement of business logos for 2,637
identification purposes on state directional signs within the 2,639
rights-of-way of DIVIDED, MULTI-LANE highways on the interstate 2,642
system in rural areas, except when any of the following 2,643
conditions applies:
(1) Upon approval by the director, a business logo sign 2,647
may be located in an urban area if the land contiguous to the 2,648
65
highway is sparsely populated and appears to be rural in 2,649
character;
(2) A business logo sign may be located in a rural or 2,651
urban area, if the interchange providing access to the businesses 2,652
indicated on the sign has been constructed and paid for primarily 2,653
with private funds. 2,654
(B) All direct and indirect costs of the business logo 2,656
sign program established pursuant to this section shall be fully 2,657
paid by the businesses applying for participation in the program. 2,658
At any interchange where a business logo sign is erected, such 2,659
costs shall be divided equally among the participating 2,660
businesses. The direct and indirect costs of the program shall 2,661
include, but not be limited to, the cost of capital, directional 2,662
signs, blanks, posts, logos, installation, repair, engineering, 2,663
design, insurance, removal, replacement, and administration. 2,664
Nothing in this chapter shall be construed to prohibit the 2,665
director from establishing such a program. 2,666
(C) The director, in accordance with rules adopted 2,668
pursuant to Chapter 119. of the Revised Code, may contract with 2,669
any private person to operate, maintain, and market the business 2,670
logo sign program. The rules shall describe the terms of the 2,671
contract, and shall allow for a reasonable profit to be earned by 2,672
the successful applicant. In awarding the contract, the director 2,673
shall consider the skill, expertise, prior experience, and other 2,674
qualifications of each applicant. 2,675
(D) There is hereby created the motorists services signing 2,677
advisory board. The board shall consist of thirteen members, as 2,678
follows: 2,679
(1) Eleven members shall be appointed by the governor, 2,681
with the advice and consent of the senate, one of whom shall be a 2,682
township trustee, one of whom shall be an elected official from a 2,683
municipal corporation, two of whom shall represent environmental 2,684
interests, one of whom shall represent the business community in 2,685
general, one of whom shall represent retail merchants, one of 2,686
66
whom shall represent hotel and motel interests, one of whom shall 2,687
represent the petroleum industry, one of whom shall represent 2,688
off-premises outdoor advertisers, one of whom shall represent 2,689
camping interests, and one of whom shall represent restaurant 2,690
interests; 2,691
(2) The director, who shall be a nonvoting member ex 2,693
officio; 2,694
(3) The deputy director of travel and tourism, who shall 2,696
be a nonvoting member ex officio. 2,697
(E) Terms of office of each appointed member of the board 2,699
shall be for two years. Each member shall hold office from the 2,700
date of the member's appointment until the end of the term for 2,702
which the member was appointed. In case of a vacancy occurring 2,703
on the board, the governor shall fill the vacancy by appointing a 2,704
member. Any member appointed to fill a vacancy occurring prior 2,705
to the expiration of the term for which the member's predecessor 2,706
was appointed shall hold office for the remainder of the term. 2,708
Any member shall continue in office subsequent to the expiration 2,709
date of the member's term until the member's successor takes 2,711
office, or until a period of sixty days has elapsed, whichever 2,713
occurs first.
The board shall hold meetings in a manner and at times 2,715
prescribed by rules adopted by the board. A majority of the 2,716
board constitutes a quorum and no action shall be taken by the 2,717
board unless approved by at least six members. At its first 2,718
meeting the board shall adopt rules for the conduct of its 2,719
business and the election of its officers, and shall organize by 2,720
selecting a chairperson and other officers as it considers 2,722
necessary. Board members shall serve without compensation. 2,723
(F) The board may adopt, amend, or rescind rules necessary 2,725
to accomplish the duties of the board as set forth in division 2,726
(G) of this section. 2,727
(G) The board shall: 2,729
(1) Make recommendations to the director concerning the 2,731
67
statewide implementation of the business logo sign program 2,732
established pursuant to division (A) of this section; 2,733
(2) Act as liaison between the department of 2,735
transportation and the businesses that wish to participate in the 2,736
business logo sign program. 2,737
(H) As used in this section, "urban area" means an area 2,739
having a population of fifty thousand or more according to the 2,740
most recent federal census and designated as such on urban maps 2,741
prepared by the department. 2,742
(I) Neither the motorists services signing advisory board 2,744
nor the department or director shall do any EITHER of the 2,745
following: 2,746
(1) Limit the right of any person to erect, maintain, 2,748
repair, remove, or utilize any off-premises or on-premises 2,749
advertising device; 2,750
(2) Make participation in the business logo sign program 2,752
conditional upon a business agreeing to limit, discontinue, 2,753
withdraw, modify, alter, or change any advertising or sign; 2,754
(3) Establish any program for the placement of business 2,756
logos on state directional signs on highways that are not part of 2,757
the interstate highway system. 2,758
(J) In accordance with 23 U.S.C.A. 109(d), 131(f), and 2,760
315, as amended, and notwithstanding division (I)(3) of this 2,761
section, the director shall establish a test program for the 2,762
placement of business logos on state directional signs within the 2,763
rights-of-way of state highways. The initial location of the 2,764
test program shall be in Stark county at the intersection of 2,765
United States route number thirty and state highway number 2,766
twenty-one. Business logo signs shall be placed at that location 2,767
not later than sixty days after June 30, 1993. The second 2,769
location of the test program shall be in Union county at the 2,770
intersection of United States routes thirty-three and thirty-six. 2,771
Business logo signs shall be placed at that location not later
than sixty days after the effective date of this amendment. The 2,772
68
third location of the test program shall be in Cuyahoga county at 2,773
the intersection of United States route four hundred twenty-two 2,774
and Harper road. Business logo signs shall be placed at that 2,775
location not later than sixty days after the effective date of 2,776
this amendment. In accordance with division (B) of this section, 2,778
the direct and indirect costs of the test program shall be fully 2,779
paid by businesses applying for participation in the program. 2,780
Sec. 4511.102. As used in sections 4511.102 to 4511.106 of 2,789
the Revised Code: 2,790
(A) "Tourist-oriented activity" includes any lawful 2,792
cultural, historical, recreational, educational, or commercial 2,793
activity, such as a farm market or winery, a major portion of 2,794
whose income or visitors are derived during the normal business 2,795
season from motorists not residing in the immediate area of the 2,796
activity and attendance at which is no less than two thousand 2,797
visitors in any consecutive twelve-month period. 2,798
(B) "Eligible attraction" means any tourist-oriented 2,800
activity that meets all of the following criteria: 2,801
(1) Is not eligible for inclusion either in the business 2,803
logo sign program or the pilot logo sign program established 2,804
under section 4511.101 of the Revised Code; 2,805
(2) If currently advertised by signs adjacent to a highway 2,807
on the interstate system or state system, those signs are 2,808
consistent with Chapter 5516. of the Revised Code and the 2,809
"National Highway Beautification Act of 1965," 79 Stat. 1028, 23 2,810
U.S.C. 131 and the national standards, criteria, and rules 2,811
adopted pursuant to that act; 2,812
(3) Is within ten miles of the highway for which signing 2,815
is sought under sections 4511.102 to 4511.105 of the Revised 2,816
Code; 2,817
(4) Meets any additional criteria developed by the 2,819
director of transportation and adopted by the director as rules 2,820
in accordance with Chapter 119. of the Revised Code. 2,821
(C) "Interstate system" has the same meaning as in section 2,823
69
5516.01 of the Revised Code. 2,824
Sec. 4511.191. (A) Any person who operates a vehicle upon 2,834
a highway or any public or private property used by the public 2,835
for vehicular travel or parking within this state shall be deemed 2,836
to have given consent to a chemical test or tests of the person's 2,838
blood, breath, or urine for the purpose of determining the 2,839
alcohol, drug, or alcohol and drug content of the person's blood, 2,840
breath, or urine if arrested for operating a vehicle while under 2,842
the influence of alcohol, a drug of abuse, or alcohol and a drug 2,843
of abuse or for operating a vehicle with a prohibited 2,844
concentration of alcohol in the blood, breath, or urine. The 2,845
chemical test or tests shall be administered at the request of a 2,846
police officer having reasonable grounds to believe the person to 2,847
have been operating a vehicle upon a highway or any public or 2,848
private property used by the public for vehicular travel or 2,849
parking in this state while under the influence of alcohol, a 2,850
drug of abuse, or alcohol and a drug of abuse or with a 2,851
prohibited concentration of alcohol in the blood, breath, or 2,852
urine. The law enforcement agency by which the officer is 2,853
employed shall designate which of the tests shall be
administered. 2,854
(B) Any person who is dead or unconscious, or who is 2,856
otherwise in a condition rendering the person incapable of 2,857
refusal, shall be deemed not to have withdrawn consent as 2,859
provided by division (A) of this section and the test or tests 2,860
may be administered, subject to sections 313.12 to 313.16 of the 2,861
Revised Code. 2,862
(C)(1) Any person under arrest for operating a vehicle 2,864
while under the influence of alcohol, a drug of abuse, or alcohol 2,865
and a drug of abuse or for operating a vehicle with a prohibited 2,866
concentration of alcohol in the blood, breath, or urine shall be 2,867
advised at a police station, or at a hospital, first-aid station, 2,868
or clinic to which the person has been taken for first-aid or 2,869
medical treatment, of both of the following: 2,870
70
(a) The consequences, as specified in division (E) of this 2,872
section, of the person's refusal to submit upon request to a 2,873
chemical test designated by the law enforcement agency as 2,875
provided in division (A) of this section; 2,876
(b) The consequences, as specified in division (F) of this 2,878
section, of the person's submission to the designated chemical 2,880
test if the person is found to have a prohibited concentration of 2,881
alcohol in the blood, breath, or urine. 2,882
(2)(a) The advice given pursuant to division (C)(1) of 2,884
this section shall be in a written form containing the 2,885
information described in division (C)(2)(b) of this section and 2,886
shall be read to the person. The form shall contain a statement 2,887
that the form was shown to the person under arrest and read to 2,888
the person in the presence of the arresting officer and either 2,890
another police officer, a civilian police employee, or an 2,891
employee of a hospital, first-aid station, or clinic, if any, to 2,892
which the person has been taken for first-aid or medical 2,893
treatment. The witnesses shall certify to this fact by signing 2,894
the form.
(b) The form required by division (C)(2)(a) of this 2,896
section shall read as follows: 2,897
"You now are under arrest for operating a vehicle while 2,899
under the influence of alcohol, a drug of abuse, or both alcohol 2,900
and a drug of abuse and will be requested by a police officer to 2,901
submit to a chemical test to determine the concentration of 2,902
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 2,903
blood, breath, or urine. 2,904
If you refuse to submit to the requested test or if you 2,906
submit to the requested test and are found to have a prohibited 2,907
concentration of alcohol in your blood, breath, or urine, your 2,908
driver's or commercial driver's license or permit or nonresident 2,909
operating privilege immediately will be suspended for the period 2,910
of time specified by law by the officer, on behalf of the 2,911
registrar of motor vehicles. You may appeal this suspension at 2,912
71
your initial appearance before the court that hears the charges 2,913
against you resulting from the arrest, and your initial 2,914
appearance will be conducted no later than five days after the 2,915
arrest. This suspension is independent of the penalties for the 2,916
offense, and you may be subject to other penalties upon 2,917
conviction." 2,918
(D)(1) If a person under arrest as described in division 2,920
(C)(1) of this section is not asked by a police officer to submit 2,921
to a chemical test designated as provided in division (A) of this 2,922
section, the arresting officer shall seize the Ohio or 2,923
out-of-state driver's or commercial driver's license or permit of 2,924
the person and immediately forward the seized license or permit 2,925
to the court in which the arrested person is to appear on the 2,926
charge for which the person was arrested. If the arrested person 2,927
does not have the person's driver's or commercial driver's 2,928
license or permit on his or her person or in his or her vehicle, 2,929
the arresting officer shall order the arrested person to 2,930
surrender it to the law enforcement agency that employs the 2,932
officer within twenty-four hours after the arrest, and, upon the 2,933
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 2,935
person is to appear on the charge for which the person was 2,936
arrested. Upon receipt of the license or permit, the court shall 2,938
retain it pending the initial appearance of the arrested person 2,939
and any action taken under section 4511.196 of the Revised Code. 2,940
If a person under arrest as described in division (C)(1) of 2,942
this section is asked by a police officer to submit to a chemical 2,943
test designated as provided in division (A) of this section and 2,944
is advised of the consequences of the person's refusal or 2,945
submission as provided in division (C) of this section and if the 2,946
person either refuses to submit to the designated chemical test 2,947
or the person submits to the designated chemical test and the 2,948
test results indicate that the person's blood contained a 2,949
concentration of ten-hundredths of one per cent or more by weight 2,950
72
of alcohol, the person's breath contained a concentration of 2,951
ten-hundredths of one gram or more by weight of alcohol per two 2,952
hundred ten liters of the person's breath, or the person's urine 2,953
contained a concentration of fourteen-hundredths of one gram or 2,955
more by weight of alcohol per one hundred milliliters of the 2,956
person's urine at the time of the alleged offense, the arresting 2,958
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 2,960
suspension upon the person that advises the person that, 2,961
independent of any penalties or sanctions imposed upon the person 2,963
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 2,965
license or permit or nonresident operating privilege is 2,966
suspended, that the suspension takes effect immediately, that the 2,967
suspension will last at least until the person's initial 2,968
appearance on the charge that will be held within five days after 2,970
the date of the person's arrest or the issuance of a citation to 2,972
the person, and that the person may appeal the suspension at the 2,974
initial appearance; seize the Ohio or out-of-state driver's or 2,975
commercial driver's license or permit of the person; and 2,976
immediately forward the seized license or permit to the 2,977
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on his or her 2,978
person or in his or her vehicle, the arresting officer shall 2,979
order the person to surrender it to the law enforcement agency 2,980
that employs the officer within twenty-four hours after the 2,981
service of the notice of suspension, and, upon the surrender, the 2,982
officer's employing agency immediately shall forward the license 2,983
or permit to the registrar. 2,984
(b) Verify the current residence of the person and, if it 2,986
differs from that on the person's driver's or commercial driver's 2,987
license or permit, notify the registrar of the change; 2,988
(c) In addition to forwarding the arrested person's 2,990
driver's or commercial driver's license or permit to the 2,991
73
registrar, send to the registrar, within forty-eight hours after 2,992
the arrest of the person, a sworn report that includes all of the 2,993
following statements: 2,994
(i) That the officer had reasonable grounds to believe 2,996
that, at the time of the arrest, the arrested person was 2,997
operating a vehicle upon a highway or public or private property 2,998
used by the public for vehicular travel or parking within this 2,999
state while under the influence of alcohol, a drug of abuse, or 3,000
alcohol and a drug of abuse or with a prohibited concentration of 3,001
alcohol in the blood, breath, or urine; 3,002
(ii) That the person was arrested and charged with 3,004
operating a vehicle while under the influence of alcohol, a drug 3,005
of abuse, or alcohol and a drug of abuse or with operating a 3,006
vehicle with a prohibited concentration of alcohol in the blood, 3,007
breath, or urine; 3,008
(iii) That the officer asked the person to take the 3,010
designated chemical test, advised the person of the consequences 3,011
of submitting to the chemical test or refusing to take the 3,012
chemical test, and gave the person the form described in division 3,013
(C)(2) of this section; 3,014
(iv) That the person refused to submit to the chemical 3,016
test or that the person submitted to the chemical test and the 3,017
test results indicate that the person's blood contained a 3,018
concentration of ten-hundredths of one per cent or more by weight 3,020
of alcohol, the person's breath contained a concentration of 3,021
ten-hundredths of one gram or more by weight of alcohol per two 3,022
hundred ten liters of the person's breath, or the person's urine 3,023
contained a concentration of fourteen-hundredths of one gram or 3,025
more by weight of alcohol per one hundred milliliters of the 3,026
person's urine at the time of the alleged offense; 3,028
(v) That the officer served a notice of suspension upon 3,030
the person as described in division (D)(1)(a) of this section. 3,031
(2) The sworn report of an arresting officer completed 3,033
under division (D)(1)(c) of this section shall be given by the 3,034
74
officer to the arrested person at the time of the arrest or sent 3,035
to the person by regular first class mail by the registrar as 3,036
soon thereafter as possible, but no later than fourteen days 3,037
after receipt of the report. An arresting officer may give an 3,038
unsworn report to the arrested person at the time of the arrest 3,039
provided the report is complete when given to the arrested person 3,040
and subsequently is sworn to by the arresting officer. As soon 3,041
as possible, but no later than forty-eight hours after the arrest 3,042
of the person, the arresting officer shall send a copy of the 3,043
sworn report to the court in which the arrested person is to 3,044
appear on the charge for which the person was arrested. 3,045
(3) The sworn report of an arresting officer completed and 3,047
sent to the registrar and the court under divisions (D)(1)(c) and 3,048
(D)(2) of this section is prima-facie proof of the information 3,049
and statements that it contains and shall be admitted and 3,050
considered as prima-facie proof of the information and statements 3,051
that it contains in any appeal under division (H) of this section 3,052
relative to any suspension of a person's driver's or commercial 3,053
driver's license or permit or nonresident operating privilege 3,054
that results from the arrest covered by the report. 3,055
(E)(1) Upon receipt of the sworn report of an arresting 3,057
officer completed and sent to the registrar and a court pursuant 3,058
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 3,059
person who refused to take the designated chemical test, the 3,060
registrar shall enter into the registrar's records the fact that 3,062
the person's driver's or commercial driver's license or permit or 3,063
nonresident operating privilege was suspended by the arresting 3,064
officer under division (D)(1)(a) of this section and the period 3,065
of the suspension, as determined under divisions (E)(1)(a) to (d) 3,066
of this section. The suspension shall be subject to appeal as 3,067
provided in this section and shall be for whichever of the 3,068
following periods applies: 3,069
(a) If the arrested person, within five years of the date 3,071
on which the person refused the request to consent to the 3,072
75
chemical test, had not refused a previous request to consent to a 3,074
chemical test of the person's blood, breath, or urine to 3,075
determine its alcohol content, the period of suspension shall be 3,077
one year. If the person is a resident without a license or 3,078
permit to operate a vehicle within this state, the registrar 3,079
shall deny to the person the issuance of a driver's or commercial 3,080
driver's license or permit for a period of one year after the 3,081
date of the alleged violation.
(b) If the arrested person, within five years of the date 3,083
on which the person refused the request to consent to the 3,084
chemical test, had refused one previous request to consent to a 3,086
chemical test of the person's blood, breath, or urine to 3,087
determine its alcohol content, the period of suspension or denial 3,089
shall be two years.
(c) If the arrested person, within five years of the date 3,091
on which the person refused the request to consent to the 3,092
chemical test, had refused two previous requests to consent to a 3,094
chemical test of the person's blood, breath, or urine to 3,095
determine its alcohol content, the period of suspension or denial 3,097
shall be three years.
(d) If the arrested person, within five years of the date 3,099
on which the person refused the request to consent to the 3,100
chemical test, had refused three or more previous requests to 3,102
consent to a chemical test of the person's blood, breath, or 3,103
urine to determine its alcohol content, the period of suspension 3,105
or denial shall be five years. 3,106
(2) The suspension or denial imposed under division (E)(1) 3,108
of this section shall continue for the entire one-year, two-year, 3,109
three-year, or five-year period, subject to appeal as provided in 3,110
this section and subject to termination as provided in division 3,111
(K) of this section. 3,112
(F) Upon receipt of the sworn report of an arresting 3,114
officer completed and sent to the registrar and a court pursuant 3,115
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 3,116
76
person whose test results indicate that the person's blood 3,117
contained a concentration of ten-hundredths of one per cent or 3,119
more by weight of alcohol, the person's breath contained a 3,120
concentration of ten-hundredths of one gram or more by weight of 3,121
alcohol per two hundred ten liters of the person's breath, or the 3,123
person's urine contained a concentration of fourteen-hundredths 3,124
of one gram or more by weight of alcohol per one hundred 3,125
milliliters of the person's urine at the time of the alleged 3,126
offense, the registrar shall enter into the registrar's records 3,127
the fact that the person's driver's or commercial driver's 3,129
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 3,130
this section and the period of the suspension, as determined 3,131
under divisions (F)(1) to (4) of this section. The suspension 3,132
shall be subject to appeal as provided in this section and shall 3,133
be for whichever of the following periods that applies: 3,134
(1) Except when division (F)(2), (3), or (4) of this 3,136
section applies and specifies a different period of suspension or 3,137
denial, the period of the suspension or denial shall be ninety 3,138
days.
(2) If the person has been convicted, within ten years of 3,140
the date the test was conducted, of one violation of division (A) 3,142
or (B) of section 4511.19 of the Revised Code, a municipal 3,143
ordinance relating to operating a vehicle while under the 3,144
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,145
abuse, a municipal ordinance relating to operating a vehicle with 3,146
a prohibited concentration of alcohol in the blood, breath, or 3,147
urine, section 2903.04 of the Revised Code in a case in which the 3,148
offender was subject to the sanctions described in division (D) 3,149
of that section, or section 2903.06, 2903.07, or 2903.08 of the 3,150
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 3,151
the jury or judge found that at the time of the commission of the 3,152
offense the offender was under the influence of alcohol, a drug 3,153
77
of abuse, or alcohol and a drug of abuse, or a statute of any 3,154
other state or a municipal ordinance of a municipal corporation 3,155
located in any other state that is substantially similar to 3,156
division (A) or (B) of section 4511.19 of the Revised Code, the 3,157
period of the suspension or denial shall be one year. 3,158
(3) If the person has been convicted, within ten years of 3,160
the date the test was conducted, of two violations of a statute 3,161
or ordinance described in division (F)(2) of this section, the 3,163
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within ten years of 3,165
the date the test was conducted, of more than two violations of a 3,166
statute or ordinance described in division (F)(2) of this 3,167
section, the period of the suspension or denial shall be three 3,168
years. 3,169
(G)(1) A suspension of a person's driver's or commercial 3,171
driver's license or permit or nonresident operating privilege 3,172
under division (D)(1)(a) of this section for the period of time 3,173
described in division (E) or (F) of this section is effective 3,174
immediately from the time at which the arresting officer serves 3,175
the notice of suspension upon the arrested person. Any 3,176
subsequent finding that the person is not guilty of the charge 3,177
that resulted in the person being requested to take, or in the 3,179
person taking, the chemical test or tests under division (A) of 3,180
this section affects the suspension only as described in division 3,181
(H)(2) of this section. 3,182
(2) If a person is arrested for operating a vehicle while 3,184
under the influence of alcohol, a drug of abuse, or alcohol and a 3,185
drug of abuse or for operating a vehicle with a prohibited 3,186
concentration of alcohol in the blood, breath, or urine and 3,187
regardless of whether the person's driver's or commercial 3,188
driver's license or permit or nonresident operating privilege is 3,189
or is not suspended under division (E) or (F) of this section, 3,190
the person's initial appearance on the charge resulting from the 3,191
arrest shall be held within five days of the person's arrest or 3,192
78
the issuance of the citation to the person, subject to any 3,193
continuance granted by the court pursuant to division (H)(1) of 3,195
this section regarding the issues specified in that division. 3,196
(H)(1) If a person is arrested for operating a vehicle 3,198
while under the influence of alcohol, a drug of abuse, or alcohol 3,199
and a drug of abuse or for operating a vehicle with a prohibited 3,200
concentration of alcohol in the blood, breath, or urine and if 3,201
the person's driver's or commercial driver's license or permit or 3,202
nonresident operating privilege is suspended under division (E) 3,203
or (F) of this section, the person may appeal the suspension at 3,204
the person's initial appearance on the charge resulting from the 3,207
arrest in the court in which the person will appear on that 3,208
charge. If the person appeals the suspension at the person's 3,209
initial appearance, the appeal does not stay the operation of the 3,210
suspension. Subject to division (H)(2) of this section, no court 3,211
has jurisdiction to grant a stay of a suspension imposed under 3,212
division (E) or (F) of this section, and any order issued by any 3,213
court that purports to grant a stay of any suspension imposed 3,214
under either of those divisions shall not be given administrative 3,215
effect.
If the person appeals the suspension at the person's 3,217
initial appearance, either the person or the registrar may 3,218
request a continuance of the appeal. Either the person or the 3,220
registrar shall make the request for a continuance of the appeal 3,221
at the same time as the making of the appeal. If either the 3,222
person or the registrar requests a continuance of the appeal, the 3,223
court may grant the continuance. The court also may continue the 3,224
appeal on its own motion. The granting of a continuance applies 3,225
only to the conduct of the appeal of the suspension and does not 3,226
extend the time within which the initial appearance must be 3,227
conducted, and the court shall proceed with all other aspects of 3,228
the initial appearance in accordance with its normal procedures. 3,229
Neither the request for nor the granting of a continuance stays 3,230
the operation of the suspension that is the subject of the 3,231
79
appeal.
If the person appeals the suspension at the person's 3,233
initial appearance, the scope of the appeal is limited to 3,234
determining whether one or more of the following conditions have 3,235
not been met: 3,236
(a) Whether the law enforcement officer had reasonable 3,238
ground to believe the arrested person was operating a vehicle 3,239
upon a highway or public or private property used by the public 3,240
for vehicular travel or parking within this state while under the 3,241
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,242
abuse or with a prohibited concentration of alcohol in the blood, 3,243
breath, or urine and whether the arrested person was in fact 3,244
placed under arrest; 3,245
(b) Whether the law enforcement officer requested the 3,247
arrested person to submit to the chemical test designated 3,248
pursuant to division (A) of this section; 3,249
(c) Whether the arresting officer informed the arrested 3,251
person of the consequences of refusing to be tested or of 3,252
submitting to the test; 3,253
(d) Whichever of the following is applicable: 3,255
(i) Whether the arrested person refused to submit to the 3,257
chemical test requested by the officer; 3,258
(ii) Whether the chemical test results indicate that the 3,260
arrested person's blood contained a concentration of 3,261
ten-hundredths of one per cent or more by weight of alcohol, the 3,263
person's breath contained a concentration of ten-hundredths of 3,265
one gram or more by weight of alcohol per two hundred ten liters 3,266
of the person's breath, or the person's urine contained a 3,267
concentration of fourteen-hundredths of one gram or more by 3,269
weight of alcohol per one hundred milliliters of the person's 3,270
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 3,272
appearance, the judge or referee of the court or the mayor of the 3,273
mayor's court shall determine whether one or more of the 3,274
80
conditions specified in divisions (H)(1)(a) to (d) of this 3,275
section have not been met. The person who appeals the suspension 3,276
has the burden of proving, by a preponderance of the evidence, 3,277
that one or more of the specified conditions has not been met. 3,278
If during the appeal at the initial appearance the judge or 3,279
referee of the court or the mayor of the mayor's court determines 3,280
that all of those conditions have been met, the judge, referee, 3,281
or mayor shall uphold the suspension, shall continue the 3,282
suspension, and shall notify the registrar of the decision on a 3,283
form approved by the registrar. Except as otherwise provided in 3,284
division (H)(2) of this section, if the suspension is upheld or 3,285
if the person does not appeal the suspension at the person's 3,286
initial appearance under division (H)(1) of this section, the 3,287
suspension shall continue until the complaint alleging the 3,288
violation for which the person was arrested and in relation to 3,289
which the suspension was imposed is adjudicated on the merits by 3,290
the judge or referee of the trial court or by the mayor of the 3,291
mayor's court. If the suspension was imposed under division (E) 3,292
of this section and it is continued under this division, any 3,293
subsequent finding that the person is not guilty of the charge 3,294
that resulted in the person being requested to take the chemical 3,295
test or tests under division (A) of this section does not 3,296
terminate or otherwise affect the suspension. If the suspension 3,297
was imposed under division (F) of this section and it is 3,298
continued under this division, the suspension shall terminate if, 3,299
for any reason, the person subsequently is found not guilty of 3,300
the charge that resulted in the person taking the chemical test 3,301
or tests under division (A) of this section. 3,302
If, during the appeal at the initial appearance, the judge 3,304
or referee of the trial court or the mayor of the mayor's court 3,305
determines that one or more of the conditions specified in 3,306
divisions (H)(1)(a) to (d) of this section have not been met, the 3,307
judge, referee, or mayor shall terminate the suspension, subject 3,308
to the imposition of a new suspension under division (B) of 3,309
81
section 4511.196 of the Revised Code; shall notify the registrar 3,310
of the decision on a form approved by the registrar; and, except 3,311
as provided in division (B) of section 4511.196 of the Revised 3,313
Code, shall order the registrar to return the driver's or 3,314
commercial driver's license or permit to the person or to take 3,315
such measures as may be necessary, if the license or permit was 3,316
destroyed under section 4507.55 of the Revised Code, to permit 3,317
the person to obtain a replacement driver's or commercial 3,318
driver's license or permit from the registrar or a deputy 3,319
registrar in accordance with that section. The court also shall 3,320
issue to the person a court order, valid for not more than ten 3,321
days from the date of issuance, granting the person operating 3,322
privileges for that period of time.
If the person appeals the suspension at the initial 3,324
appearance, the registrar shall be represented by the prosecuting 3,325
attorney of the county in which the arrest occurred if the 3,326
initial appearance is conducted in a juvenile court or county 3,327
court, except that if the arrest occurred within a city or 3,328
village within the jurisdiction of the county court in which the 3,329
appeal is conducted, the city director of law or village 3,330
solicitor of that city or village shall represent the registrar. 3,331
If the appeal is conducted in a municipal court, the registrar 3,332
shall be represented as provided in section 1901.34 of the 3,333
Revised Code. If the appeal is conducted in a mayor's court, the 3,334
registrar shall be represented by the city director of law, 3,335
village solicitor, or other chief legal officer of the municipal 3,336
corporation that operates that mayor's court. 3,337
(I)(1) If a person's driver's or commercial driver's 3,339
license or permit or nonresident operating privilege has been 3,340
suspended pursuant to division (E) of this section, and the 3,341
person, within the preceding seven years, has refused three 3,342
previous requests to consent to a chemical test of the person's 3,344
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 3,346
82
of division (A) or (B) of section 4511.19 of the Revised Code, a 3,347
municipal ordinance relating to operating a vehicle while under 3,348
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,349
of abuse, a municipal ordinance relating to operating a vehicle 3,350
with a prohibited concentration of alcohol in the blood, breath, 3,351
or urine, section 2903.04 of the Revised Code in a case in which 3,352
the person was subject to the sanctions described in division (D) 3,353
of that section, or section 2903.06, 2903.07, or 2903.08 of the 3,354
Revised Code or a municipal ordinance that is substantially 3,355
similar to section 2903.07 of the Revised Code in a case in which 3,356
the jury or judge found that the person was under the influence 3,357
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,358
statute of any other state or a municipal ordinance of a 3,359
municipal corporation located in any other state that is 3,360
substantially similar to division (A) or (B) of section 4511.19 3,361
of the Revised Code, the person is not entitled to request, and 3,362
the court shall not grant to the person, occupational driving 3,363
privileges under this division. Any other person whose driver's 3,364
or commercial driver's license or nonresident operating privilege 3,365
has been suspended pursuant to division (E) of this section may 3,366
file a petition requesting occupational driving privileges in the 3,367
municipal court, county court, or, if the person is a minor, 3,368
juvenile court with jurisdiction over the place at which the 3,369
arrest occurred. The petition may be filed at any time subsequent 3,370
to the date on which the arresting officer serves the notice of 3,371
suspension upon the arrested person. The person shall pay the 3,372
costs of the proceeding, notify the registrar of the filing of 3,373
the petition, and send the registrar a copy of the petition. 3,374
In the proceedings, the registrar shall be represented by 3,376
the prosecuting attorney of the county in which the arrest 3,377
occurred if the petition is filed in the juvenile court or county 3,378
court, except that, if the arrest occurred within a city or 3,379
village within the jurisdiction of the county court in which the 3,380
petition is filed, the city director of law or village solicitor 3,381
83
of that city or village shall represent the registrar. If the 3,382
petition is filed in the municipal court, the registrar shall be 3,383
represented as provided in section 1901.34 of the Revised Code. 3,384
The court, if it finds reasonable cause to believe that 3,386
suspension would seriously affect the person's ability to 3,387
continue in the person's employment, may grant the person 3,388
occupational driving privileges during the period of suspension 3,390
imposed pursuant to division (E) of this section, subject to the 3,391
limitations contained in this division and division (I)(2) of 3,392
this section. The court may grant the occupational driving 3,393
privileges, subject to the limitations contained in this division 3,394
and division (I)(2) of this section, regardless of whether the 3,395
person appeals the suspension at the person's initial appearance 3,397
under division (H)(1) of this section or appeals the decision of 3,398
the court made pursuant to the appeal conducted at the initial 3,399
appearance, and, if the person has appealed the suspension or 3,400
decision, regardless of whether the matter at issue has been 3,401
heard or decided by the court. The court shall not grant 3,402
occupational driving privileges to any person who, within seven 3,403
years of the filing of the petition, has refused three previous 3,404
requests to consent to a chemical test of the person's blood, 3,406
breath, or urine to determine its alcohol content or has been 3,407
convicted of or pleaded guilty to three or more violations of 3,408
division (A) or (B) of section 4511.19 of the Revised Code, a 3,409
municipal ordinance relating to operating a vehicle while under 3,410
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,411
of abuse, a municipal ordinance relating to operating a vehicle 3,412
with a prohibited concentration of alcohol in the blood, breath, 3,413
or urine, section 2903.04 of the Revised Code in a case in which 3,414
the person was subject to the sanctions described in division (D) 3,415
of that section, or section 2903.06, 2903.07, or 2903.08 of the 3,416
Revised Code or a municipal ordinance that is substantially 3,417
similar to section 2903.07 of the Revised Code in a case in which 3,418
the jury or judge found that the person was under the influence 3,419
84
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,420
statute of any other state or a municipal ordinance of a 3,421
municipal corporation located in any other state that is 3,422
substantially similar to division (A) or (B) of section 4511.19 3,423
of the Revised Code, and shall not grant occupational driving 3,424
privileges for employment as a driver of commercial motor 3,425
vehicles to any person who is disqualified from operating a 3,426
commercial motor vehicle under section 2301.374 or 4506.16 of the 3,427
Revised Code.
(2)(a) In granting occupational driving privileges under 3,429
division (I)(1) of this section, the court may impose any 3,430
condition it considers reasonable and necessary to limit the use 3,431
of a vehicle by the person. The court shall deliver to the 3,432
person a permit card, in a form to be prescribed by the court, 3,433
setting forth the time, place, and other conditions limiting the 3,434
defendant's use of a vehicle. The grant of occupational driving 3,435
privileges shall be conditioned upon the person's having the 3,436
permit in the person's possession at all times during which the 3,438
person is operating a vehicle. 3,439
A person granted occupational driving privileges who 3,441
operates a vehicle for other than occupational purposes, in 3,442
violation of any condition imposed by the court, or without 3,443
having the permit in the person's possession, is guilty of a 3,444
violation of section 4507.02 of the Revised Code. 3,446
(b) The court may not grant a person occupational driving 3,448
privileges under division (I)(1) of this section when prohibited 3,449
by a limitation contained in that division or during any of the 3,450
following periods of time: 3,451
(i) The first thirty days of suspension imposed upon a 3,453
person who, within five years of the date on which the person 3,454
refused the request to consent to a chemical test of the person's 3,456
blood, breath, or urine to determine its alcohol content and for 3,458
which refusal the suspension was imposed, had not refused a 3,459
previous request to consent to a chemical test of the person's 3,460
85
blood, breath, or urine to determine its alcohol content; 3,462
(ii) The first ninety days of suspension imposed upon a 3,464
person who, within five years of the date on which the person 3,465
refused the request to consent to a chemical test of the person's 3,467
blood, breath, or urine to determine its alcohol content and for 3,469
which refusal the suspension was imposed, had refused one 3,470
previous request to consent to a chemical test of the person's 3,471
blood, breath, or urine to determine its alcohol content; 3,473
(iii) The first year of suspension imposed upon a person 3,475
who, within five years of the date on which the person refused 3,477
the request to consent to a chemical test of the person's blood, 3,479
breath, or urine to determine its alcohol content and for which 3,480
refusal the suspension was imposed, had refused two previous 3,481
requests to consent to a chemical test of the person's blood, 3,482
breath, or urine to determine its alcohol content; 3,484
(iv) The first three years of suspension imposed upon a 3,486
person who, within five years of the date on which the person 3,487
refused the request to consent to a chemical test of the person's 3,489
blood, breath, or urine to determine its alcohol content and for 3,491
which refusal the suspension was imposed, had refused three or 3,492
more previous requests to consent to a chemical test of the 3,493
person's blood, breath, or urine to determine its alcohol 3,495
content.
(3) The court shall give information in writing of any 3,497
action taken under this section to the registrar. 3,498
(4) If a person's driver's or commercial driver's license 3,500
or permit or nonresident operating privilege has been suspended 3,501
pursuant to division (F) of this section, and the person, within 3,502
the preceding seven years, has been convicted of or pleaded 3,503
guilty to three or more violations of division (A) or (B) of 3,504
section 4511.19 of the Revised Code, a municipal ordinance 3,505
relating to operating a vehicle while under the influence of 3,506
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 3,507
municipal ordinance relating to operating a vehicle with a 3,508
86
prohibited concentration of alcohol in the blood, breath, or 3,509
urine, section 2903.04 of the Revised Code in a case in which the 3,510
person was subject to the sanctions described in division (D) of 3,511
that section, or section 2903.06, 2903.07, or 2903.08 of the 3,512
Revised Code or a municipal ordinance that is substantially 3,513
similar to section 2903.07 of the Revised Code in a case in which 3,514
the jury or judge found that the person was under the influence 3,515
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,516
statute of any other state or a municipal ordinance of a 3,517
municipal corporation located in any other state that is 3,518
substantially similar to division (A) or (B) of section 4511.19 3,519
of the Revised Code, the person is not entitled to request, and 3,520
the court shall not grant to the person, occupational driving 3,521
privileges under this division. Any other person whose driver's 3,522
or commercial driver's license or nonresident operating privilege 3,523
has been suspended pursuant to division (F) of this section may 3,524
file in the court specified in division (I)(1) of this section a 3,525
petition requesting occupational driving privileges in accordance 3,526
with section 4507.16 of the Revised Code. The petition may be 3,527
filed at any time subsequent to the date on which the arresting 3,528
officer serves the notice of suspension upon the arrested person. 3,529
Upon the making of the request, occupational driving privileges 3,530
may be granted in accordance with section 4507.16 of the Revised 3,531
Code. The court may grant the occupational driving privileges, 3,532
subject to the limitations contained in section 4507.16 of the 3,533
Revised Code, regardless of whether the person appeals the 3,534
suspension at the person's initial appearance under division 3,535
(H)(1) of this section or appeals the decision of the court made 3,537
pursuant to the appeal conducted at the initial appearance, and, 3,538
if the person has appealed the suspension or decision, regardless 3,539
of whether the matter at issue has been heard or decided by the 3,540
court.
(J) When it finally has been determined under the 3,542
procedures of this section that a nonresident's privilege to 3,543
87
operate a vehicle within this state has been suspended, the 3,544
registrar shall give information in writing of the action taken 3,545
to the motor vehicle administrator of the state of the person's 3,546
residence and of any state in which the person has a license. 3,547
(K) A suspension of the driver's or commercial driver's 3,549
license or permit of a resident, a suspension of the operating 3,550
privilege of a nonresident, or a denial of a driver's or 3,551
commercial driver's license or permit for refusal to submit to a 3,552
chemical test to determine the alcohol, drug, or alcohol and drug 3,553
content of the person's blood, breath, or urine pursuant to 3,554
division (E) of this section, shall be terminated by the 3,555
registrar upon receipt of notice of the person's entering a plea 3,556
of guilty to, or of the person's conviction after entering a plea 3,557
of no contest under Criminal Rule 11 to, operating a vehicle 3,558
while under the influence of alcohol, a drug of abuse, or alcohol 3,559
and a drug of abuse or with a prohibited concentration of alcohol 3,560
in the blood, breath, or urine, if the offense for which the plea 3,561
is entered arose from the same incident that led to the 3,562
suspension or denial. 3,563
The registrar shall credit against any judicial suspension 3,565
of a person's driver's or commercial driver's license or permit 3,566
or nonresident operating privilege imposed pursuant to division 3,567
(B) or (E) of section 4507.16 of the Revised Code any time during 3,568
which the person serves a related suspension imposed pursuant to 3,569
division (E) or (F) of this section. 3,570
(L) At the end of a suspension period under this section, 3,572
section 4511.196, or division (B) of section 4507.16 of the 3,573
Revised Code and upon the request of the person whose driver's or 3,574
commercial driver's license or permit was suspended and who is 3,575
not otherwise subject to suspension, revocation, or 3,576
disqualification, the registrar shall return the driver's or 3,577
commercial driver's license or permit to the person upon the 3,578
occurrence of all of the following: 3,579
(1) A showing by the person that the person had proof of 3,581
88
financial responsibility, a policy of liability insurance in 3,583
effect that meets the minimum standards set forth in section 3,584
4509.51 of the Revised Code, or proof, to the satisfaction of the 3,585
registrar, that the person is able to respond in damages in an 3,586
amount at least equal to the minimum amounts specified in section 3,587
4509.51 of the Revised Code. 3,588
(2) Payment by the person of a license reinstatement fee 3,590
of two hundred fifty EIGHTY dollars to the bureau of motor 3,591
vehicles, which fee shall be deposited in the state treasury and 3,593
credited as follows: 3,594
(a) Seventy-five dollars shall be credited to the drivers' 3,596
treatment and intervention fund, which is hereby established. 3,597
The fund shall be used to pay the costs of driver treatment and 3,598
intervention programs operated pursuant to sections 3793.02 and 3,599
3793.10 of the Revised Code. The director of alcohol and drug 3,600
addiction services shall determine the share of the fund that is 3,601
to be allocated to alcohol and drug addiction programs authorized 3,602
by section 3793.02 of the Revised Code, and the share of the fund 3,603
that is to be allocated to drivers' intervention programs 3,604
authorized by section 3793.10 of the Revised Code. 3,605
(b) Fifty dollars shall be credited to the reparations 3,607
fund created by section 2743.191 of the Revised Code. 3,608
(c) Twenty-five dollars shall be credited to the indigent 3,610
drivers alcohol treatment fund, which is hereby established. 3,611
Except as otherwise provided in division (L)(2)(c) of this 3,613
section, moneys in the fund shall be distributed by the 3,614
department of alcohol and drug addiction services to the county 3,615
indigent drivers alcohol treatment funds, the county juvenile 3,616
indigent drivers alcohol treatment funds, and the municipal 3,617
indigent drivers treatment funds that are required to be 3,618
established by counties and municipal corporations pursuant to 3,619
division (N) of this section, and shall be used only to pay the 3,620
cost of an alcohol and drug addiction treatment program attended 3,621
by an offender or juvenile traffic offender who is ordered to 3,622
89
attend an alcohol and drug addiction treatment program by a 3,623
county, juvenile, or municipal court judge and who is determined 3,624
by the county, juvenile, or municipal court judge not to have the 3,625
means to pay for attendance at the program. Moneys in the fund 3,626
that are not distributed to a county indigent drivers alcohol 3,627
treatment fund, a county juvenile indigent drivers alcohol 3,628
treatment fund, or a municipal indigent drivers alcohol treatment 3,629
fund under division (N) of this section because the director of 3,630
alcohol and drug addiction services does not have the information 3,631
necessary to identify the county or municipal corporation where 3,632
the offender or juvenile offender was arrested may be transferred 3,633
by the director of budget and management to the drivers'
treatment and intervention fund, created in division (L)(2)(a) of 3,634
this section, upon certification of the amount by the director of 3,635
alcohol and drug addiction services. 3,636
(d) Fifty dollars shall be credited to the Ohio 3,638
rehabilitation services commission established by section 3304.12 3,639
of the Revised Code, to the services for rehabilitation fund, 3,640
which is hereby established. The fund shall be used to match 3,641
available federal matching funds where appropriate, and for any 3,642
other purpose or program of the commission to rehabilitate people 3,643
with disabilities to help them become employed and independent. 3,644
(e) Fifty dollars shall be deposited into the state 3,646
treasury and credited to the drug abuse resistance education 3,647
programs fund, which is hereby established, to be used by the 3,648
attorney general for the purposes specified in division (L)(2)(e) 3,649
of this section. 3,650
(f) THIRTY DOLLARS SHALL BE CREDITED TO THE STATE BUREAU 3,652
OF MOTOR VEHICLES FUND CREATED BY SECTION 4501.25 OF THE REVISED 3,653
CODE.
The attorney general shall use amounts in the drug abuse 3,655
resistance education programs fund to award grants to law 3,656
enforcement agencies to establish and implement drug abuse 3,657
resistance education programs in public schools. Grants awarded 3,658
90
to a law enforcement agency under division (L)(2)(e) of this 3,659
section shall be used by the agency to pay for not more than 3,660
fifty per cent of the amount of the salaries of law enforcement 3,661
officers who conduct drug abuse resistance education programs in 3,662
public schools. The attorney general shall not use more than six 3,663
per cent of the amounts the attorney general's office receives 3,665
under division (L)(2)(e) of this section to pay the costs it 3,666
incurs in administering the grant program established by division 3,667
(L)(2)(e) of this section and in providing training and materials 3,668
relating to drug abuse resistance education programs. 3,669
The attorney general shall report to the governor and the 3,671
general assembly each fiscal year on the progress made in 3,672
establishing and implementing drug abuse resistance education 3,673
programs. These reports shall include an evaluation of the 3,674
effectiveness of these programs. 3,675
(M) Suspension of a commercial driver's license under 3,677
division (E) or (F) of this section shall be concurrent with any 3,678
period of disqualification under section 2301.374 or 4506.16 of 3,679
the Revised Code. No person who is disqualified for life from 3,680
holding a commercial driver's license under section 4506.16 of 3,681
the Revised Code shall be issued a driver's license under Chapter 3,682
4507. of the Revised Code during the period for which the 3,683
commercial driver's license was suspended under division (E) or 3,684
(F) of this section, and no person whose commercial driver's 3,685
license is suspended under division (E) or (F) of this section 3,686
shall be issued a driver's license under that chapter during the 3,687
period of the suspension. 3,688
(N)(1) Each county shall establish an indigent drivers 3,690
alcohol treatment fund, each county shall establish a juvenile 3,691
indigent drivers alcohol treatment fund, and each municipal 3,692
corporation in which there is a municipal court shall establish 3,693
an indigent drivers alcohol treatment fund. All revenue that the 3,694
general assembly appropriates to the indigent drivers alcohol 3,695
treatment fund for transfer to a county indigent drivers alcohol 3,696
91
treatment fund, a county juvenile indigent drivers alcohol 3,697
treatment fund, or a municipal indigent drivers alcohol treatment 3,698
fund, all portions of fees that are paid under division (L) of 3,699
this section and that are credited under that division to the 3,700
indigent drivers alcohol treatment fund in the state treasury for 3,701
a county indigent drivers alcohol treatment fund, a county 3,702
juvenile indigent drivers alcohol treatment fund, or a municipal 3,703
indigent drivers alcohol treatment fund, and all portions of 3,704
fines that are specified for deposit into a county or municipal 3,705
indigent drivers alcohol treatment fund by section 4511.193 of 3,706
the Revised Code shall be deposited into that county indigent 3,707
drivers alcohol treatment fund, county juvenile indigent drivers 3,708
alcohol treatment fund, or municipal indigent drivers alcohol 3,709
treatment fund in accordance with division (N)(2) of this 3,710
section. Additionally, all portions of fines that are paid for a 3,711
violation of section 4511.19 of the Revised Code or division 3,712
(B)(2) of section 4507.02 of the Revised Code, and that are 3,713
required under division (A)(1) or (2) of section 4511.99 or 3,714
division (B)(5) of section 4507.99 of the Revised Code to be 3,715
deposited into a county indigent drivers alcohol treatment fund 3,716
or municipal indigent drivers alcohol treatment fund shall be 3,717
deposited into the appropriate fund in accordance with the 3,718
applicable division. 3,719
(2) That portion of the license reinstatement fee that is 3,721
paid under division (L) of this section and that is credited 3,722
under that division to the indigent drivers alcohol treatment 3,723
fund shall be deposited into a county indigent drivers alcohol 3,724
treatment fund, a county juvenile indigent drivers alcohol 3,725
treatment fund, or a municipal indigent drivers alcohol treatment 3,726
fund as follows: 3,727
(a) If the suspension in question was imposed under this 3,729
section, that portion of the fee shall be deposited as follows: 3,730
(i) If the fee is paid by a person who was charged in a 3,732
county court with the violation that resulted in the suspension, 3,733
92
the portion shall be deposited into the county indigent drivers 3,734
alcohol treatment fund under the control of that court; 3,735
(ii) If the fee is paid by a person who was charged in a 3,737
juvenile court with the violation that resulted in the 3,738
suspension, the portion shall be deposited into the county 3,739
juvenile indigent drivers alcohol treatment fund established in 3,740
the county served by the court; 3,741
(iii) If the fee is paid by a person who was charged in a 3,743
municipal court with the violation that resulted in the 3,744
suspension, the portion shall be deposited into the municipal 3,745
indigent drivers alcohol treatment fund under the control of that 3,746
court. 3,747
(b) If the suspension in question was imposed under 3,749
division (B) of section 4507.16 of the Revised Code, that portion 3,750
of the fee shall be deposited as follows: 3,751
(i) If the fee is paid by a person whose license or permit 3,753
was suspended by a county court, the portion shall be deposited 3,754
into the county indigent drivers alcohol treatment fund under the 3,755
control of that court; 3,756
(ii) If the fee is paid by a person whose license or 3,758
permit was suspended by a municipal court, the portion shall be 3,759
deposited into the municipal indigent drivers alcohol treatment 3,760
fund under the control of that court. 3,761
(3) Expenditures from a county indigent drivers alcohol 3,763
treatment fund, a county juvenile indigent drivers alcohol 3,764
treatment fund, or a municipal indigent drivers alcohol treatment 3,765
fund shall be made only upon the order of a county, juvenile, or 3,766
municipal court judge and only for payment of the cost of the 3,767
attendance at an alcohol and drug addiction treatment program of 3,768
a person who is convicted of, or found to be a juvenile traffic 3,769
offender by reason of, a violation of division (A) of section 3,770
4511.19 of the Revised Code or a substantially similar municipal 3,771
ordinance, who is ordered by the court to attend the alcohol and 3,772
drug addiction treatment program, and who is determined by the 3,773
93
court to be unable to pay the cost of attendance at the treatment 3,775
program. The board of alcohol, drug addiction, and mental health 3,776
services established pursuant to section 340.02 of the Revised 3,777
Code serving the alcohol, drug addiction, and mental health 3,778
service district in which the court is located shall administer 3,779
the indigent drivers alcohol treatment program of the court. 3,780
When a court orders an offender or juvenile traffic offender to 3,781
attend an alcohol and drug addiction treatment program, the board 3,782
shall determine which program is suitable to meet the needs of 3,783
the offender or juvenile traffic offender, and when a suitable 3,784
program is located and space is available at the program, the 3,785
offender or juvenile traffic offender shall attend the program 3,786
designated by the board. A reasonable amount not to exceed five 3,787
per cent of the amounts credited to and deposited into the county 3,788
indigent drivers alcohol treatment fund, the county juvenile 3,789
indigent drivers alcohol treatment fund, or the municipal 3,790
indigent drivers alcohol treatment fund serving every court whose 3,791
program is administered by that board shall be paid to the board 3,792
to cover the costs it incurs in administering those indigent 3,793
drivers alcohol treatment programs.
Sec. 4511.951. (A) A fee of twelve THIRTY dollars and 3,802
fifty cents shall be charged by the registrar of motor vehicles 3,804
for the reinstatement of any driver's license suspended pursuant 3,805
to division (A) of Article IV of the compact enacted in section 3,806
4511.95 of the Revised Code.
(B) Pursuant to division (A) of Article VI of the 3,808
nonresident violator compact of 1977 enacted in section 4511.95 3,809
of the Revised Code, the director of public safety shall serve as 3,810
the compact administrator for Ohio.
Sec. 4981.09. (A) There is hereby created in the state 3,819
treasury the rail development fund. The fund shall consist of 3,822
such moneys as may be provided by law, including moneys received 3,823
from the sale, transfer, or lease of any rail property pursuant 3,824
to section 4981.08 of the Revised Code, and amounts transferred 3,825
94
pursuant to division (B) of this section. Moneys in the fund 3,828
shall be used for the purpose of acquiring, rehabilitating, or 3,829
developing rail property or service, or for participation in the 3,830
acquisition of rail property with the federal government, 3,831
municipal corporations, townships, counties, or other 3,832
governmental agencies. For the purpose of acquiring such rail 3,833
property, the Ohio rail development commission may obtain 3,834
acquisition loans from the federal government or from any other 3,835
source.
The fund shall also be used to promote, plan, design, 3,837
construct, operate, and maintain passenger and freight rail 3,838
transportation systems, and may be used to pay the administrative 3,840
costs of the Ohio rail development commission associated with 3,841
conducting any authorized rail program, and for any purpose
authorized by sections 4981.03 and 5501.56 of the Revised Code. 3,842
The fund shall not be used to provide loan guarantees. 3,843
(B) Twice each year:, by the last day of January MARCH 3,846
for the immediately preceding June through December; and by the 3,847
last day of June AUGUST for the immediately preceding January 3,849
through May, the tax commissioner shall certify to the director 3,850
of budget and management the identified amounts paid into the 3,851
general revenue fund pursuant to Chapter 5733. of the Revised 3,852
Code during those months by taxpayers engaged in the business of 3,854
owning or operating a railroad either wholly or partially within
this state on rights of way acquired and held exclusively by such 3,855
taxpayer. The certifications shall not include amounts refunded 3,857
to such taxpayers. Upon receipt of each certification, the 3,858
director of budget and management shall transfer seventy-five per 3,859
cent of the amount certified from the general revenue fund to the 3,860
rail development fund.
Sec. 4981.34. (A) On behalf of a franchisee and pursuant 3,869
to section 4981.15 of the Revised Code, the Ohio rail development 3,870
commission may issue bonds for loans to finance development and 3,871
construction of a franchisee's portion of a rail system. 3,872
95
Notwithstanding section 4981.151 of the Revised Code, any ANY 3,873
bonds issued pursuant to this section do not, and shall state 3,875
that they do not, represent or constitute a debt or pledge of the 3,876
faith and credit of the state, nor do such bonds grant to the 3,877
bondholders or noteholders any right to have the general assembly 3,878
levy any taxes or appropriate any funds for the payment of the 3,879
principal or interest thereon. Such bonds shall be payable 3,880
solely from the loan repayments the commission receives from the 3,881
franchisee to which the loan was made. The loan repayments shall 3,882
be made from revenues that the franchisee receives from the 3,883
operation of its portion of the rail system and that shall be 3,884
pledged to repay the commission, or from such other credit 3,885
sources as the franchisee may arrange. 3,886
(B) The portion of the rail system awarded to a 3,888
franchisee, any elements thereof, or the land upon which a 3,889
franchise is situated may be owned by the franchisee or owned by 3,890
the commission and leased to the franchisee for the term of the 3,891
franchise. 3,892
(C) The rail system may be financed partially by the 3,894
commission and partially by franchisees. With respect to that 3,895
portion of the rail system financed by the commission, the 3,896
commission may utilize all of the bonding and financial authority 3,897
contained in sections 4981.01 to 4981.26 of the Revised Code and 3,898
also may seek to obtain state funding or federal financing on 3,899
behalf of the rail system. Commission financing, credit support, 3,900
and financial assistance may not be commingled with private 3,901
financing obtained by the franchisee, and any moneys of the 3,902
commission to be expended by the commission to finance a portion 3,903
of a rail system shall be kept in accounts that are separate and 3,904
apart from and not a part of the accounts in which are kept any 3,905
moneys to be expended by a franchisee to finance its portion of a 3,906
rail system. 3,907
(D) The franchisee may arrange financing and refinancing 3,909
of the system through any combination of debt, equity, and public 3,910
96
sources available to it that it determines in its sole 3,911
discretion. A franchisee shall not be precluded from utilizing 3,912
any type of public or private assistance available to it in 3,913
connection with the development of its franchise. A franchisee 3,914
shall furnish the commission all relevant and necessary 3,915
information with respect to financing terms to enable the 3,916
commission to exercise its oversight responsibilities with 3,917
respect to the franchisee's reasonable return on its investment. 3,918
(E) When requested by a franchisee, the commission shall 3,920
seek from the office of budget and management an allotment of 3,921
proceeds from the issuance of private activity bonds. The 3,922
commission shall distribute those proceeds to franchisees in such 3,923
proportions and amounts as it determines in its discretion. 3,924
(F)(1) The commission may levy and collect special 3,926
assessments upon all parcels of real property, other than real 3,927
property owned by a railroad corporation, in the immediate 3,928
vicinity of any rail system station or terminal of the commission 3,929
or a franchisee, including, without limitation, parcels that 3,930
abut, are adjacent or contiguous to, or otherwise increase in 3,931
value due to the existence of, the station or terminal. An 3,932
assessment levied under this division shall be for the purpose of 3,933
enabling the commission to collect a portion of the increase in 3,934
the true value in money of any such parcel of property subsequent 3,935
to the commencement of operation of a rail system station or 3,936
terminal. All assessments shall be applied, directly or 3,937
indirectly, to the development and financing of the portion of 3,938
the rail system of which the station or terminal is a part. 3,939
(2) Upon written request of the commission, the county 3,941
auditor of a county in which a rail system station or terminal 3,942
commences operation shall assess each parcel of real property 3,943
that is located in the immediate vicinity of the station or 3,944
terminal and that the commission has reasonable cause to believe 3,945
has increased in true value in money because of the existence of 3,946
the station or terminal. The county auditor shall utilize 3,947
97
appropriate assessment techniques specified in rules adopted by 3,948
the tax commissioner pursuant to Chapter 5713. of the Revised 3,949
Code to determine the increase in true value, if any, of the real 3,950
property. Any increase shall be measured by comparing the true 3,951
value of the real property in the year in which the commission 3,952
adopted the resolution designating the location of the station or 3,953
terminal, as reflected on the tax list for that year, with the 3,954
highest true value of the real property as of the month in which 3,955
rail system operations commenced at the station or terminal. The 3,956
county auditor shall then determine what percentage of the true 3,957
value increase, if any, is directly attributable to the existence 3,958
of and commencement of operations at the station or terminal. The 3,960
county auditor shall convert the percentage increase to an amount 3,961
certain, and certify the results of the assessments to the
commission. Within thirty days after receipt of the certified 3,962
results, the commission shall reimburse the county auditor for 3,963
the actual cost to the auditor of making the assessments. 3,964
(3) In no case shall any special assessment levied by the 3,966
commission upon a parcel of real property exceed twenty per cent 3,967
of the increase in the true value of the property that the county 3,968
auditor certifies to the commission as being directly 3,969
attributable to the existence of and commencement of operations 3,970
at the station or terminal. A special assessment shall 3,971
constitute a lien against the property and shall be added to the 3,972
tax list and duplicate for collection. Payments on the special 3,973
assessment shall be made semiannually at the same time as real 3,974
property taxes are required to be paid, but upon written request 3,975
of the owner of the real property assessed, the county auditor 3,976
may permit the owner to pay the assessment in equal installments 3,977
over a period of not longer than ten years. 3,978
(4) An owner of real property upon which a special 3,980
assessment is levied under this section may file a petition in 3,981
the court of common pleas of the county in which the real 3,982
property is located challenging any aspect of the assessment, 3,983
98
including the fact of the special assessment itself or the 3,984
amount. The filing of such a petition shall stay the collection 3,985
of any part of the special assessment, and collection shall not 3,986
commence until a decision on the merits is rendered by the court. 3,987
(G) Nothing in this section shall be construed as limiting 3,989
the power of the commission to issue bonds pursuant to section 3,990
4981.15 of the Revised Code for the purposes stated in that 3,991
section. 3,992
Sec. 5112.17. (A) As used in this section: 4,001
(1) "Federal poverty guideline" means the official poverty 4,003
guideline as revised annually by the United States secretary of 4,004
health and human services in accordance with section 673 of the 4,005
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42 4,006
U.S.C.A. 9902, as amended, for a family size equal to the size of 4,007
the family of the person whose income is being determined. 4,008
(2) "Third-party payer" means any private or public entity 4,010
or program that may be liable by law or contract to make payment 4,011
to or on behalf of an individual for health care services. 4,012
"Third-party payer" does not include a hospital. 4,013
(B) Each hospital that receives payments under sections 4,015
5112.01 to 5112.21 of the Revised Code shall provide, without 4,016
charge to the individual, basic, medically necessary 4,017
hospital-level services to individuals who are residents of this 4,018
state, are not recipients of the medical assistance program, and 4,019
whose income is at or below the federal poverty guideline. 4,020
Recipients of disability assistance under Chapter 5115. of the 4,021
Revised Code qualify for services under this section. The 4,022
department of human services shall adopt rules under section 4,023
5112.03 of the Revised Code specifying the hospital services to 4,024
be provided under this section. 4,025
(C) Hospitals may bill any third-party payer for services 4,027
rendered under this section. Hospitals may bill the medical 4,028
assistance program, in accordance with Chapter 5111. of the 4,029
Revised Code and the rules adopted under that chapter, for 4,030
99
services rendered under this section if the individual becomes a 4,031
recipient of the program. Hospitals may bill individuals for 4,032
services under this section if all of the following apply: 4,033
(1) The hospital has an established post-billing procedure 4,035
for determining the individual's income and canceling the charges 4,036
if the individual is found to qualify for services under this 4,037
section. 4,038
(2) The initial bill, and at least the first follow-up 4,040
bill, is accompanied by a written statement that does all of the 4,041
following: 4,042
(a) Explains that individuals with income at or below the 4,044
federal poverty guideline are eligible for services without 4,045
charge; 4,046
(b) Specifies the federal poverty guideline for 4,048
individuals and families of various sizes at the time the bill is 4,049
sent; 4,050
(c) Describes the procedure required by division (C)(1) of 4,052
this section. 4,053
(3) The hospital complies with any additional rules the 4,055
department adopts under section 5112.03 of the Revised Code. 4,056
Notwithstanding division (B) of this section, a hospital 4,058
providing care to an individual under this section is subrogated 4,059
to the rights of any individual to receive compensation or 4,060
benefits from any person or governmental entity for the hospital 4,061
goods and services rendered. 4,062
(D) Each hospital shall collect and report to the 4,064
department, in the form and manner prescribed by the department, 4,065
information on the number and identity of patients served 4,066
pursuant to this section. 4,067
(E) This section applies beginning May 22, 1992, 4,069
regardless of whether the department has adopted rules specifying 4,070
the services to be provided. Nothing in this section alters the 4,071
scope or limits the obligation of any governmental entity or 4,072
program, including the program awarding reparations to victims of 4,073
100
crime under sections 2743.51 to 2743.72 of the Revised Code, AND 4,074
the program for medically handicapped children established under 4,076
section 3701.023 of the Revised Code, and the hospital motor 4,077
vehicle claims program established under sections 3701.61 to 4,078
3701.69 of the Revised Code, to pay for hospital services in 4,079
accordance with state or local law. 4,080
Sec. 5501.01. As used in Chapters 5501., 5503., 5511., 4,089
5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 4,090
5528., 5529., 5531., 5533., and 5535. of the Revised Code: 4,091
(A) "Transportation facilities" means all publicly owned 4,093
modes and means of transporting people and goods, including the 4,094
physical facilities, GARAGES, DISTRICT OFFICES, RADIO TOWERS, AND 4,095
OTHER BUILDINGS OR FIXTURES therefor, and including, but not 4,096
limited to, highways, RIGHTS-OF-WAY, roads and bridges, parking 4,097
facilities, aviation facilities, port facilities, rail 4,099
facilities, and public transportation facilities, REST AREAS, AND 4,100
ROADSIDE PARKS.
(B) "Public transportation" means publicly owned or 4,102
operated transportation by bus, rail, or other conveyance, which 4,103
provides to the public transit or paratransit service on a 4,104
regular and continuing basis within the state, and may include 4,105
demand-responsive transportation, subscription bus service, 4,106
shared-ride taxi service, car pools, van pools, or jitney 4,107
service. "Public transportation" does not include school bus 4,108
transportation or charter or sightseeing services. 4,109
(C) "Road" or "highway" includes bridges, viaducts, grade 4,111
separations, appurtenances, and approaches on or to such road or 4,112
highway. 4,113
(D) "Right-of-way" has the same meaning as in division 4,115
(UU)(2) of section 4511.01 of the Revised Code. 4,116
(E) "TELECOMMUNICATIONS SERVICE" MEANS A 4,119
TELECOMMUNICATIONS COMPANY THAT CHARGES FOR THE PROVISION OF 4,120
TELECOMMUNICATIONS SERVICES, INCLUDING WIRELESS TRANSMISSION OF 4,121
INTERACTIVE, TWO-WAY, VOICE OR DATA COMMUNICATIONS. 4,122
101
Sec. 5501.311. (A) Notwithstanding sections 123.01 and 4,131
127.16 of the Revised Code the director of transportation may 4,132
lease all or any part of a transportation facility to or from one 4,133
or more persons, one or more governmental agencies, a 4,134
transportation improvement district, or any combination thereof, 4,135
and, in conjunction therewith, may grant leases, easements, or 4,136
licenses for lands under the control of the department of 4,137
transportation. The director shall MAY adopt such rules as are 4,139
necessary to give effect to this section. 4,140
(B) Plans and specifications for the construction of a 4,142
transportation facility under a lease agreement are subject to 4,143
approval of the director and must meet or exceed all applicable 4,144
standards of the department. 4,145
(C) Any lease agreement under which the department is the 4,147
lessee shall be for a period not exceeding the then current 4,148
two-year period for which appropriations have been made by the 4,149
general assembly to the department, and such agreement may 4,150
contain such other terms as the department and the other parties 4,151
thereto agree, notwithstanding any other provision of law, 4,152
including provisions that rental payments in amounts sufficient 4,153
to pay bond service charges payable during the current two-year 4,154
lease term shall be an absolute and unconditional obligation of 4,155
the department independent of all other duties under the 4,156
agreement without set-off or deduction or any other similar 4,157
rights or defenses. Any such agreement may provide for renewal 4,158
of the agreement at the end of each term for another term, not 4,159
exceeding two years, provided that no renewal shall be effective 4,160
until the effective date of an appropriation enacted by the 4,161
general assembly from which the department may lawfully pay 4,162
rentals under such agreement. Any such lease agreement may 4,163
include, without limitation, any agreement by the department with 4,164
respect to any costs of transportation facilities to be included 4,165
prior to acquisition and construction of such transportation 4,166
facilities. Any such lease agreement shall not constitute a debt 4,167
102
or pledge of the faith and credit of the state, or of any 4,168
political subdivision of the state, and the lessor shall have no 4,169
right to have taxes or excises levied by the general assembly, or 4,170
the taxing authority of any political subdivision of the state, 4,171
for the payment of rentals thereunder. Any such lease agreement 4,172
shall contain a statement to that effect. 4,173
(D)(1) PURSUANT TO 47 U.S.C. 332, THE DIRECTOR MAY GRANT A 4,177
LEASE, EASEMENT, OR LICENSE IN A TRANSPORTATION FACILITY TO A 4,178
TELECOMMUNICATIONS SERVICE FOR CONSTRUCTION, PLACEMENT, OR 4,179
OPERATION OF A WIRELESS TRANSMISSION TOWER OR OTHER WIRELESS 4,180
TRANSMISSION EQUIPMENT. THE TRANSPORTATION FACILITY MUST BE 4,181
OWNED IN FEE SIMPLE BY THIS STATE AT THE TIME THE DIRECTOR GRANTS 4,182
THE LEASE, EASEMENT, OR LICENSE. THE DIRECTOR SHALL ADOPT RULES 4,183
PRESCRIBING COMPETITIVE PROCEDURES FOR GRANTING SUCH A LEASE, 4,184
EASEMENT, OR LICENSE, AND SHALL MAKE ANY GRANT TO THE HIGHEST 4,185
BIDDER IN ACCORDANCE WITH THOSE PROCEDURES. THE DIRECTOR SHALL 4,186
REQUIRE INDEMNITY AGREEMENTS IN FAVOR OF THE DEPARTMENT AS A 4,187
CONDITION OF THE LEASE, EASEMENT, OR LICENSE. THE INDEMNITY 4,188
AGREEMENT SHALL SECURE THIS STATE AND ITS AGENTS FROM LIABILITY 4,189
FOR DAMAGES ARISING OUT OF SAFETY HAZARDS, ZONING, AND ANY OTHER 4,190
MATTER OF PUBLIC INTEREST THE DIRECTOR REQUIRES. A LEASE, 4,191
EASEMENT, OR LICENSE GRANTED UNDER THIS DIVISION IS SUBJECT TO 4,192
ALL OF THE FOLLOWING CONDITIONS: 4,193
(a) THE DIRECTOR MAY REQUIRE THE TOWER OR OTHER EQUIPMENT 4,196
TO BE DESIGNED TO ACCOMMODATE THE DEPARTMENT'S RADIO 4,197
COMMUNICATION SYSTEM AND INTELLIGENT TRANSPORTATION SYSTEM, THE 4,198
STATE'S MULTI-AGENCY RADIO COMMUNICATION SYSTEM, OR ANY OTHER 4,199
COMMUNICATION SYSTEM THE DIRECTOR DETERMINES NECESSARY FOR 4,200
HIGHWAY PURPOSES.
(b) IF TECHNICALLY FEASIBLE AS DETERMINED BY THE DIRECTOR, 4,203
THE DIRECTOR MAY REQUIRE THE TOWER OR OTHER EQUIPMENT TO BE 4,204
DESIGNED TO ACCOMMODATE THE WIRELESS TRANSMISSION EQUIPMENT OF 4,205
ONE OR MORE OTHER TELECOMMUNICATIONS SERVICES IN ADDITION TO THE 4,206
EQUIPMENT OF THE TELECOMMUNICATIONS SERVICE GRANTED THE LEASE, 4,207
103
EASEMENT, OR LICENSE.
(c) IF REQUIRED BY THE DIRECTOR, THE TELECOMMUNICATIONS 4,210
SERVICE GRANTED THE LEASE, EASEMENT, OR LICENSE SHALL PERMIT 4,211
OTHER TELECOMMUNICATIONS SERVICES TO CO-LOCATE ON THE TOWER OR 4,212
OTHER EQUIPMENT, UNDER TERMS AND CONDITIONS THAT ARE REASONABLE 4,213
AND THAT COMPLY WITH ANY RULES ADOPTED BY THE DIRECTOR UNDER THIS 4,214
SECTION.
(d) THE TELECOMMUNICATIONS SERVICE SHALL COMPLY WITH THE 4,217
CONDITIONS OF ANY PERMIT ISSUED UNDER SECTION 5515.01 OF THE 4,218
REVISED CODE PERTAINING TO LAND THAT IS THE SUBJECT OF THE LEASE, 4,220
EASEMENT, OR LICENSE.
(e) ALL PLANS AND SPECIFICATIONS FOR A TOWER OR OTHER 4,223
EQUIPMENT SHALL BE APPROVED BY THE DIRECTOR PRIOR TO CONSTRUCTION 4,224
OR PLACEMENT.
(f) ANY OTHER CONDITIONS THE DIRECTOR DETERMINES 4,227
NECESSARY.
(2) MONEY RECEIVED BY THE DEPARTMENT UNDER DIVISION (D)(1) 4,230
OF THIS SECTION SHALL BE DEPOSITED TO THE CREDIT OF THE HIGHWAY 4,231
OPERATING FUND.
(3) A LEASE, EASEMENT, OR LICENSE GRANTED UNDER DIVISION 4,234
(D)(1) OF THIS SECTION, AND ANY WIRELESS TRANSMISSION TOWER OR 4,235
OTHER WIRELESS TRANSMISSION EQUIPMENT RELATING TO SUCH A LEASE, 4,236
EASEMENT, OR LICENSE, IS HEREBY DEEMED TO FURTHER THE ESSENTIAL 4,237
HIGHWAY PURPOSE OF BUILDING AND MAINTAINING A SAFE, EFFICIENT, 4,238
AND ACCESSIBLE TRANSPORTATION SYSTEM. 4,239
Sec. 5501.32. The director of transportation may purchase 4,248
property in fee simple in the name of the state by warranty deed, 4,249
and all or any part of a tract of land when the acquisition of a 4,250
part of the land needed for highway purposes will result in 4,251
substantial damages to the residue by severance, controlled 4,252
access, or isolation. The warranty deed shall contain a 4,253
description of the property suitable for platting on tax maps. 4,254
The director, in the name of the state, may sell all the 4,256
right, title, and interest of the state in any part of land not 4,257
104
required for highway purposes, provided the director shall have 4,258
the parcel of land appraised by a department prequalified 4,259
appraiser. 4,260
Except as otherwise provided in this section, the director 4,262
shall advertise such THE sale OF LAND NOT REQUIRED FOR HIGHWAY 4,264
PURPOSES in a newspaper of general circulation in the county in 4,265
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 4,267
be sold at public auction to the highest bidder for not less than 4,268
two-thirds of its appraised value, BUT THE DIRECTOR MAY REJECT 4,269
ALL BIDS THAT ARE LESS THAN THE FULL APPRAISED VALUE OF THE LAND. 4,271
If, however, such land NOT REQUIRED FOR HIGHWAY PURPOSES is 4,273
appraised as having a current fair market value of five thousand 4,275
dollars or less, the director may sell the land to the sole 4,276
abutting owner through a private sale at a price not less than 4,277
its appraised value. If there is more than one abutting owner, 4,278
the director may invite all of the abutting owners to submit 4,279
sealed bids and may sell the land to the highest bidder at not 4,280
less than its appraised value.
All expense incurred in the sale of each parcel of land 4,282
shall be paid out of the proceeds of the sale and the balance 4,283
shall be deposited in the highway fund from which the purchase 4,284
was made. 4,285
The deed to such THE purchaser OF LAND UNDER THIS SECTION 4,287
shall be prepared by the auditor of state, executed by the 4,288
governor and, countersigned by the secretary of state, and SHALL 4,290
bear the great seal of the state.
Sec. 5501.34. In the event that circumstances alter the 4,299
highway requirements after the director of transportation has 4,300
purchased and acquired property from the administrator of 4,301
workers' compensation or retirement board, or otherwise, so that 4,302
the property, or part thereof, is no longer required for highway 4,303
purposes, the director may sell, in the name of the state, MAY 4,304
SELL all the right, title, and interest of the state in any of 4,305
105
the real property. As soon as reasonably practical after 4,306
determining that any of the real property is no longer required 4,307
for highway purposes, the director shall have the parcel of land 4,308
appraised by a department prequalified appraiser. 4,309
Except as otherwise provided in this section, the director 4,311
shall advertise the sale in a newspaper of general circulation in 4,312
the county in which the land is situated for at least two 4,313
consecutive weeks prior to the date set for the sale. Such THE 4,314
land shall MAY be sold at public auction to the highest bidder 4,315
for not less than two-thirds of its appraised value, provided 4,316
that BUT THE DIRECTOR MAY REJECT ALL BIDS THAT ARE LESS THAN THE 4,317
FULL APPRAISED VALUE OF THE LAND. HOWEVER, if no sale has been 4,318
effected after an effort to sell under this paragraph, the 4,320
director may set aside the appraisement, order a new 4,321
appraisement, and, except as otherwise provided in this section, 4,322
readvertise the property for sale.
If, however, such land NOT REQUIRED FOR HIGHWAY PURPOSES is 4,324
appraised or reappraised as having a current fair market value of 4,326
five thousand dollars or less, the director may sell the land to 4,327
the sole abutting owner through a private sale at a price not 4,328
less than the appraised value. If there is more than one 4,329
abutting owner, the director may invite all of the abutting 4,330
owners to submit sealed bids and may sell the land to the highest 4,331
bidder at not less than its appraised value. 4,332
If such land is reappraised as having a fair market value 4,334
of one thousand dollars or less, and no sale has been effected 4,335
after an effort to sell to the abutting owner or owners, the 4,336
director may readvertise and sell the land at public auction to 4,337
the highest bidder. 4,338
Conveyances of the lands shall be by deed executed by the 4,340
governor, bear the great seal of the state of Ohio, and shall be 4,341
in the form as prescribed by the attorney general. Section 4,342
5301.13 of the Revised Code, relating to the sale of public 4,343
lands, shall not apply to conveyances made pursuant to this 4,344
106
section. The director shall keep a record of all such 4,345
conveyances. 4,346
Sec. 5501.37. In the event that circumstances alter the 4,355
highway requirements after the director of transportation has 4,356
purchased and acquired property from the commissioners of the 4,357
sinking fund, or otherwise, so that such THE property, or part 4,358
thereof, is no longer required for highway or recreation 4,359
purposes, the director may sell, in the name of the state, MAY 4,361
SELL all the right, title, and interest of the state in any such 4,362
THE real property. The director may convey property that is no 4,363
longer needed for highway purposes and rights-of-way and 4,364
easements in such property to the director of natural resources 4,365
or any political subdivisions for the use and protection of any 4,366
public recreational trail. As soon as reasonably practical after 4,367
determining that any such real property is no longer required for 4,368
highway or recreation purposes the director shall have the parcel 4,369
of land appraised by a department prequalified appraiser. 4,370
Except as otherwise provided in this section, the director 4,372
shall advertise such THE sale in a newspaper of general 4,373
circulation in the county in which the land is situated for at 4,375
least two consecutive weeks prior to the date set for such THE 4,376
sale. Such THE land shall MAY be sold at public auction to the 4,378
highest bidder for not less than two-thirds of its appraised
value, provided that BUT THE DIRECTOR MAY REJECT ALL BIDS THAT 4,379
ARE LESS THAN THE FULL APPRAISED VALUE OF THE LAND. HOWEVER, if 4,380
no sale has been effected after an effort to sell under this 4,381
paragraph, the director may set aside the appraisement, order a 4,382
new appraisement, and, except as otherwise provided in this 4,383
section, readvertise the property for sale. 4,384
If, however, such land NOT REQUIRED FOR HIGHWAY OR 4,386
RECREATION PURPOSES is appraised or reappraised as having a 4,388
current fair market value of five thousand dollars or less, the 4,389
director may sell the land to the sole abutting owner through a 4,390
private sale at a price not less than the appraised value. If 4,391
107
there is more than one abutting owner, the director may invite 4,392
all of the abutting owners to submit sealed bids and may sell the 4,393
land to the highest bidder at not less than its appraised value. 4,394
If such land is reappraised as having a fair market value 4,396
of one thousand dollars or less, and if no sale has been effected 4,397
after an effort to sell to the abutting owner or owners, the 4,398
director may readvertise and sell the land at public auction to 4,399
the highest bidder. 4,400
Conveyances of such land shall be by deed executed by the 4,402
governor, bear the great seal of the state of Ohio, and shall be 4,403
in the form as prescribed by the attorney general. The 4,404
provisions of section 5301.13 of the Revised Code, relating to 4,405
the sale of public lands, do not apply to conveyances made 4,406
pursuant to this section. The director shall keep a record of 4,407
all such conveyances. 4,408
Sec. 5502.01. (A) The department of public safety shall 4,417
administer and enforce the laws relating to the registration, 4,420
licensing, sale and operation of motor vehicles and the laws 4,421
pertaining to the licensing of drivers of motor vehicles. 4,422
The department shall compile, analyze, and publish 4,424
statistics relative to motor vehicle accidents and the causes 4,426
thereof, prepare and conduct educational programs for the purpose 4,427
of promoting safety in the operation of motor vehicles on the 4,429
highways, assist the state board of education in the formulation
of minimum standards for driver education courses of instruction, 4,430
encourage driver instruction in the high schools of the state, 4,432
and conduct research and studies for the purpose of promoting 4,433
safety on the highways of this state.
(B) The department shall administer the laws and rules 4,435
applicable to the division of state emergency medical services. 4,436
(C) The department shall administer and enforce the laws 4,438
contained in Chapters 4301. and 4303. of the Revised Code and 4,440
enforce the rules and orders of the liquor control commission 4,443
pertaining to retail liquor permit holders.
108
(D) The department shall administer the laws governing the 4,445
state emergency management agency and shall enforce all 4,446
additional duties and responsibilities as prescribed in the 4,447
Revised Code related to emergency management services. 4,448
(E) The department shall conduct investigations pursuant 4,450
to Chapter 5101. of the Revised Code in support of the duty of 4,452
the department of human services to administer food stamp 4,453
programs throughout this state. The department of public safety 4,454
shall conduct investigations necessary to protect the state's 4,455
property rights and interests in the food stamp program.
(F) The department of public safety shall enforce 4,457
compliance with orders and rules of the public utilities 4,458
commission and applicable laws in accordance with Chapters 4919., 4,459
4921., and 4923. of the Revised Code regarding commercial motor 4,460
vehicle transportation safety, economic, and hazardous materials 4,461
requirements.
(G) Notwithstanding Chapter 4117. of the Revised Code, the 4,463
department of public safety may establish requirements for its 4,464
enforcement personnel that include standards of conduct, work 4,465
rules and procedures, and criteria for eligibility as law 4,466
enforcement personnel.
(H) THE DEPARTMENT SHALL ADMINISTER, MAINTAIN, AND OPERATE 4,469
THE OHIO CRIMINAL JUSTICE NETWORK. THE OHIO CRIMINAL JUSTICE 4,471
NETWORK SHALL BE A COMPUTER NETWORK THAT SUPPORTS STATE AND LOCAL 4,472
CRIMINAL JUSTICE ACTIVITIES. THE NETWORK SHALL BE AN ELECTRONIC 4,473
REPOSITORY FOR VARIOUS DATA, WHICH MAY INCLUDE ARREST WARRANTS, 4,474
NOTICES OF PERSONS WANTED BY LAW ENFORCEMENT AGENCIES, CRIMINAL 4,475
RECORDS, PRISON INMATE RECORDS, STOLEN VEHICLE RECORDS, VEHICLE 4,476
OPERATOR'S LICENSES, AND VEHICLE REGISTRATIONS AND TITLES. 4,478
Sec. 5502.12. The accident reports submitted pursuant to 4,488
section 5502.11 of the Revised Code shall be for the use of the 4,489
director of public safety for purposes of statistical, safety, 4,490
and other studies. The director of public safety shall search 4,491
and furnish a copy of such report to any person claiming an 4,492
109
interest arising out of a motor vehicle accident, or to his THE 4,493
PERSON'S attorney, upon the payment of a nonrefundable fee of two 4,494
THREE dollars. With respect to accidents investigated by the 4,495
state highway patrol, the director of public safety shall furnish 4,496
to such person all related reports and statements upon the 4,497
payment of a nonrefundable fee of three FOUR dollars. The cost 4,498
of photographs shall be in addition to the nonrefundable 4,500
three-dollar FOUR-DOLLAR fee. 4,501
Such state highway patrol reports, statements, and 4,503
photographs may, in the discretion of the director of public 4,504
safety, MAY be withheld until all criminal prosecution has been 4,505
concluded; and the director of public safety may require proof, 4,506
satisfactory to him THE DIRECTOR, of the right of any applicant 4,507
to be furnished such documents. 4,509
Sec. 5512.01. THE DIRECTOR OF TRANSPORTATION SHALL DEVELOP 4,511
A LIST OF THE GOALS OF THE DEPARTMENT RELATING TO THE 4,512
CONSTRUCTION OF NEW HIGHWAY CAPACITY. NOT MORE THAN SIX MONTHS 4,513
AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR SHALL 4,514
SUBMIT THE LIST TO THE TRANSPORTATION REVIEW ADVISORY COUNCIL. 4,515
THE COUNCIL SHALL REVIEW THE GOALS, AND APPROVE THEM OR SUGGEST
REVISIONS TO THE DIRECTOR. IF THE COUNCIL SUGGESTS REVISIONS, 4,516
THE DIRECTOR SHALL MAKE THE REVISIONS AND RESUBMIT THE LIST TO 4,517
THE COUNCIL. IF THE COUNCIL IS SATISFIED WITH THE REVISIONS, IT 4,518
SHALL APPROVE THE LIST OF GOALS.
Sec. 5512.02. (A) USING THE GOALS APPROVED BY THE 4,521
TRANSPORTATION REVIEW ADVISORY COUNCIL, THE DIRECTOR OF
TRANSPORTATION SHALL DEVELOP A WRITTEN PROJECT SELECTION PROCESS 4,522
FOR CONSTRUCTION OF NEW HIGHWAY CAPACITY. THE DIRECTOR SHALL 4,523
INCLUDE THE FOLLOWING IN THE PROCESS: 4,525
(1) A DESCRIPTION OF HOW THE GOALS APPROVED BY THE COUNCIL 4,527
ARE ADVANCED BY THE PROCESS; 4,528
(2) A DEFINITION OF THE KINDS OF PROJECTS TO WHICH THE 4,530
PROCESS APPLIES; 4,531
(3) CRITERIA THAT ARE USED TO RANK PROPOSED PROJECTS BY 4,533
110
HOW MUCH A PROJECT CONTRIBUTES TO THE ADVANCEMENT OF THE GOALS 4,534
APPROVED BY THE COUNCIL; 4,535
(4) DATA THAT IS NECESSARY TO APPLY THE RANKING CRITERIA; 4,537
(5) A DESCRIPTION OF HOW THE DEPARTMENT WILL GATHER THAT 4,539
DATA;
(6) ANY OTHER PROVISIONS THE DIRECTOR CONSIDERS 4,541
APPROPRIATE. 4,542
(B) IN DEVELOPING THE PROJECT SELECTION PROCESS, THE 4,545
DIRECTOR SHALL SEEK AND CONSIDER PUBLIC COMMENT ON THE PROCESS.
IN DOING SO, THE DIRECTOR MAY HOLD PUBLIC HEARINGS IN VARIOUS 4,546
LOCATIONS AROUND THE STATE. 4,547
Sec. 5512.03. UPON COMPLETING THE WRITTEN PROJECT 4,549
SELECTION PROCESS FOR CONSTRUCTION OF NEW HIGHWAY CAPACITY, THE 4,550
DIRECTOR OF TRANSPORTATION SHALL SUBMIT IT TO THE TRANSPORTATION 4,551
REVIEW ADVISORY COUNCIL. THE COUNCIL SHALL REVIEW THE PROCESS, 4,552
AND APPROVE IT OR SUGGEST REVISIONS TO THE DIRECTOR. IF THE 4,553
COUNCIL SUGGESTS REVISIONS, THE DIRECTOR SHALL MAKE THE REVISIONS
AND RESUBMIT THE WRITTEN PROCESS TO THE COUNCIL. IF THE COUNCIL 4,554
IS SATISFIED WITH THE REVISIONS, IT SHALL APPROVE THE PROCESS. 4,555
Sec. 5512.04. ANY TIME THE DIRECTOR OF TRANSPORTATION 4,557
PROPOSES TO MAKE CHANGES TO THE LIST OF GOALS FOR CONSTRUCTION OF 4,558
NEW HIGHWAY CAPACITY OR TO THE WRITTEN PROJECT SELECTION PROCESS 4,559
FOR CONSTRUCTION OF NEW HIGHWAY CAPACITY, THE DIRECTOR SHALL 4,560
SUBMIT THE PROPOSED CHANGES TO THE TRANSPORTATION REVIEW ADVISORY 4,561
COUNCIL. THE COUNCIL SHALL REVIEW THE PROPOSED CHANGES, AND
APPROVE THEM OR SUGGEST REVISIONS TO THE DIRECTOR. IF THE 4,562
COUNCIL SUGGESTS REVISIONS, THE DIRECTOR SHALL MAKE THE REVISIONS 4,563
AND RESUBMIT THE PROPOSAL TO THE COUNCIL. IF THE COUNCIL IS 4,564
SATISFIED WITH THE REVISIONS, IT SHALL APPROVE THE PROPOSED 4,565
CHANGES.
Sec. 5512.05. AT LEAST ONCE EVERY TWO YEARS, THE DIRECTOR 4,567
OF TRANSPORTATION SHALL PREPARE BOTH OF THE FOLLOWING: 4,568
(A) A FISCAL FORECAST PREDICTING THE AMOUNT OF FUNDING 4,571
EXPECTED TO BE AVAILABLE FOR CONSTRUCTION OF NEW HIGHWAY CAPACITY 4,572
111
DURING THE PERIOD OF THE FORECAST;
(B) A LIST OF NEW HIGHWAY CAPACITY PROJECTS, SELECTED 4,575
USING THE PROCESS APPROVED BY THE TRANSPORTATION REVIEW ADVISORY 4,576
COUNCIL, THAT WILL BE CONSTRUCTED OR CONTINUED DURING THE
FORECAST PERIOD USING THE PREDICTED AMOUNT OF FUNDING. 4,577
Sec. 5512.06. UPON COMPLETING THE FISCAL FORECAST AND THE 4,579
LIST OF NEW HIGHWAY CAPACITY PROJECTS, THE DIRECTOR OF 4,580
TRANSPORTATION SHALL SUBMIT THEM TO THE TRANSPORTATION REVIEW 4,581
ADVISORY COUNCIL. THE COUNCIL SHALL REVIEW THE FORECAST AND LIST 4,582
OF NEW PROJECTS, AND APPROVE THEM OR SUGGEST REVISIONS TO THE 4,583
DIRECTOR. IF THE COUNCIL SUGGESTS REVISIONS, THE DIRECTOR SHALL 4,584
MAKE THE REVISIONS AND RESUBMIT THE FORECAST AND LIST OF NEW
PROJECTS TO THE COUNCIL. IF THE COUNCIL IS SATISFIED WITH THE 4,585
REVISIONS, IT SHALL APPROVE THE FORECAST AND LIST. THE COUNCIL 4,586
SHALL NOT REQUIRE ANY ADDITIONS TO THE LIST OF NEW PROJECTS THAT 4,587
WOULD CAUSE SPENDING TO SIGNIFICANTLY EXCEED THE FUNDING
PREDICTED TO BE AVAILABLE BY THE FISCAL FORECAST. 4,588
Sec. 5512.07. IN PERFORMING ITS DUTY TO APPROVE THE GOALS, 4,590
PROJECT SELECTION PROCESS, FISCAL FORECAST, AND LIST OF NEW 4,591
PROJECTS SUBMITTED TO IT BY THE DIRECTOR OF TRANSPORTATION, THE 4,593
TRANSPORTATION REVIEW ADVISORY COUNCIL SHALL CONDUCT PUBLIC 4,594
HEARINGS AS NEEDED AT VARIOUS LOCATIONS AROUND THE STATE. AT THE 4,595
HEARINGS, THE COUNCIL SHALL ACCEPT PUBLIC COMMENT ON THE
DIRECTOR'S PROPOSALS, AND ON THE MERITS OF PARTICULAR 4,596
CONSTRUCTION PROJECTS. MEMBERS OF THE COUNCIL SHALL ATTEND THE 4,597
HEARINGS IN PERSON.
Sec. 5512.08. THE DIRECTOR OF TRANSPORTATION, WITH THE 4,599
APPROVAL OF THE TRANSPORTATION REVIEW ADVISORY COUNCIL, SHALL 4,600
SUBMIT PERIODIC REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY 4,601
ON THE CONDUCT OF THE PROJECT SELECTION PROCESS FOR CONSTRUCTION 4,602
OF NEW HIGHWAY CAPACITY, AND ON THE PROGRESS OF CONSTRUCTION 4,603
UNDERTAKEN UNDER THAT PROCESS.
Sec. 5512.09. (A) THERE IS HEREBY CREATED THE 4,605
TRANSPORTATION REVIEW ADVISORY COUNCIL. NO MEMBER OF THE GENERAL 4,606
112
ASSEMBLY SHALL BE A MEMBER OF THE COUNCIL. THE COUNCIL SHALL 4,607
CONSIST OF SEVEN MEMBERS, ONE OF WHOM IS THE DIRECTOR OF 4,608
TRANSPORTATION. FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR 4,610
WITH THE ADVICE AND CONSENT OF THE SENATE. ONE MEMBER SHALL BE 4,611
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE 4,612
MEMBER SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE. WITHIN 4,613
NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE 4,614
GOVERNOR, SPEAKER, AND PRESIDENT SHALL MAKE THE INITIAL 4,615
APPOINTMENTS TO THE COUNCIL.
THE MEMBERS THE GOVERNOR APPOINTS SHALL HAVE THE FOLLOWING 4,617
QUALIFICATIONS: 4,618
(1) TWO MEMBERS SHALL HAVE AT LEAST FIVE YEARS EXPERIENCE 4,620
IN AN EXECUTIVE OR DECISION-MAKING ROLE IN THE TRANSPORTATION 4,621
SECTOR. THIS EXPERIENCE SHALL HAVE BEEN OBTAINED AS A CURRENT OR 4,622
FORMER ELECTED OFFICER OF A LOCAL TRANSPORTATION OFFICE; CURRENT 4,623
OR FORMER MEMBER OR EMPLOYEE OF A STATEWIDE TRANSPORTATION 4,624
PROFESSIONAL ASSOCIATION, METROPOLITAN PLANNING ORGANIZATION, OR 4,625
TRANSIT AUTHORITY; CURRENT OR FORMER OFFICER OR EMPLOYEE OF A 4,626
FEDERAL TRANSPORTATION AGENCY; OR OTHER COMPARABLE ROLE.
(2) ONE MEMBER SHALL HAVE AT LEAST FIVE YEARS EXPERIENCE 4,628
IN A LEADERSHIP AND FIDUCIARY ROLE WITH EITHER A BUSINESS OR AN 4,629
ECONOMIC DEVELOPMENT ORGANIZATION. 4,630
(3) ONE MEMBER SHALL BE SELECTED FROM A LIST OF FIVE NAMES 4,632
PROVIDED BY THE OHIO PUBLIC EXPENDITURE COUNCIL. 4,633
(B) OF THE GOVERNOR'S INITIAL APPOINTMENTS MADE TO THE 4,636
COUNCIL, TWO SHALL BE FOR A TERM ENDING ONE YEAR AFTER THE 4,638
EFFECTIVE DATE OF THIS SECTION AND TWO SHALL BE FOR A TERM ENDING
TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION. THE 4,640
SPEAKER'S AND PRESIDENT'S INITIAL APPOINTMENTS MADE TO THE 4,641
COUNCIL SHALL BE FOR A TERM ENDING THREE YEARS AFTER THE 4,643
EFFECTIVE DATE OF THIS SECTION. THEREAFTER, ALL TERMS OF OFFICE
SHALL BE FOR FIVE YEARS, WITH EACH TERM ENDING ON THE SAME DAY OF 4,644
THE SAME MONTH AS DID THE TERM THAT IT SUCCEEDS. EACH MEMBER 4,645
SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF 4,646
113
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE 4,647
REAPPOINTED. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED 4,648
FOR ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL ANOTHER 4,649
MEMBER'S UNEXPIRED TERM SHALL HOLD OFFICE FOR THE REMAINDER OF
THAT UNEXPIRED TERM. A MEMBER SHALL CONTINUE IN OFFICE 4,650
SUBSEQUENT TO THE EXPIRATION OF THE MEMBER'S TERM UNTIL THE 4,651
MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF SIXTY DAYS 4,652
HAS ELAPSED, WHICHEVER OCCURS FIRST.
(C) THE DIRECTOR OF TRANSPORTATION IS THE CHAIRPERSON OF 4,655
THE COUNCIL.
Sec. 5512.10. MEMBERS OF THE TRANSPORTATION REVIEW 4,657
ADVISORY COUNCIL, EXCEPT THE DIRECTOR OF TRANSPORTATION, SHALL BE 4,658
COMPENSATED AT THE RATE OF ONE HUNDRED FIFTY DOLLARS PER DAY 4,659
WORKED, PLUS THE NECESSARY TRAVEL AND OTHER EXPENSES INVOLVED 4,660
WITH THEIR DUTIES. HOWEVER, THE COMBINED AMOUNT OF COMPENSATION 4,661
AND EXPENSES PAID TO A MEMBER UNDER THIS SECTION SHALL NOT EXCEED
TEN THOUSAND DOLLARS PER FISCAL YEAR. 4,662
Sec. 5512.11. AT THE REQUEST OF THE TRANSPORTATION REVIEW 4,664
ADVISORY COUNCIL, THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE 4,665
STAFF ASSISTANCE AND OFFICE SPACE FOR THE COUNCIL. 4,666
Sec. 5513.01. (A) All purchases of machinery, materials, 4,676
supplies, or other articles that the director of transportation 4,678
makes shall be in the manner provided in this section. In all 4,679
cases except those in which the director authorizes PROVIDES 4,680
WRITTEN AUTHORIZATION FOR purchases by district deputy directors 4,681
of transportation, all such purchases shall be made at the 4,682
CENTRAL office of the department of transportation in Columbus. 4,683
Before making any purchase at that office, the director, as 4,685
provided in this section, shall give notice to bidders of the 4,686
intention to purchase. Where the expenditure is DOES not more 4,687
than five hundred dollars EXCEED THE AMOUNT APPLICABLE TO THE 4,689
PURCHASE OF SUPPLIES SPECIFIED IN DIVISION (B) OF SECTION 125.05 4,690
OF THE REVISED CODE, AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT
SECTION, the director shall give such notice as the director 4,692
114
considers proper, or the director may make the purchase without 4,693
notice. Where the expenditure is more than five hundred dollars 4,694
EXCEEDS THE AMOUNT APPLICABLE TO THE PURCHASE OF SUPPLIES 4,695
SPECIFIED IN DIVISION (B) OF SECTION 125.05 OF THE REVISED CODE, 4,696
AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT SECTION, the 4,698
director shall give notice by posting for not less than ten days 4,699
a written, typed, or printed invitation to bidders on a bulletin 4,700
board, which shall be located in a place in the offices assigned 4,701
to the department and open to the public during business hours. 4,702
Producers or distributors of any product may notify the director, 4,703
in writing, of the class of articles for the furnishing of which 4,704
they desire to bid and their post-office addresses, in which case 4,705
copies of all invitations to bidders relating to the purchase of 4,706
such articles shall be mailed to such persons by the director by 4,707
regular first class mail at least ten days prior to the time 4,708
fixed for taking bids. The director also may mail copies of all 4,709
invitations to bidders to news agencies or other agencies or 4,710
organizations distributing information of this character. 4,711
Requests for invitations shall not be valid or NOR require action 4,712
by the director unless renewed, either annually or after such 4,713
shorter period as the director may prescribe by a general 4,714
regulation RULE. The invitation to bidders shall contain a brief 4,715
statement of the general character of the article that it is 4,716
intended to purchase, the approximate quantity desired, and a 4,717
statement of the time and place where bids will be received, and 4,718
may relate to and describe as many different articles as the 4,719
director thinks proper, it being the intent and purpose of this 4,720
section to authorize the inclusion in a single invitation of as 4,721
many different articles as the director desires to invite bids 4,722
upon at any given time. Invitations issued during each calendar 4,723
year shall be given consecutive numbers, and the number assigned 4,724
to each invitation shall appear on all copies thereof. In all 4,725
cases where notice is required by this section, sealed bids shall 4,726
be taken, on forms prescribed and furnished by the director, and 4,727
115
modification of bids after they have been opened shall not be 4,729
permitted.
(B) The director may permit any political subdivision and 4,732
any state university or college to participate in contracts into 4,733
which the director has entered for the purchase of machinery, 4,734
materials, supplies, or other articles. Any political 4,735
subdivision or state university or college desiring to 4,736
participate in such purchase contracts shall file with the 4,737
director a certified copy of the ordinance or resolution of its 4,738
legislative authority, board of trustees, or other governing 4,739
board requesting authorization to participate in such contracts 4,740
and agreeing to be bound by such terms and conditions as the 4,741
director prescribes. Purchases made by political subdivisions or 4,742
state universities or colleges under this division are exempt 4,743
from any competitive bidding required by law for the purchase of 4,744
machinery, materials, supplies, or other articles. 4,745
(C) As used in this section: 4,747
(1) "Political subdivision" means any county, township, 4,749
municipal corporation, conservancy district, township park 4,750
district, park district created under Chapter 1545. of the 4,751
Revised Code, port authority, regional transit authority, 4,752
regional airport authority, regional water and sewer district, or 4,753
county transit board.
(2) "State university or college" has the same meaning as 4,755
in division (A)(1) of section 3345.32 of the Revised Code. 4,756
(D) This is an interim section effective until March 4, 4,758
1998. 4,759
Sec. 5513.04. (A) The NOTWITHSTANDING SECTIONS 125.12, 4,769
125.13, AND 125.14 OF THE REVISED CODE, THE director of 4,770
transportation, after notice as provided in sections 5513.01 and 4,771
5513.02 of the Revised Code with respect to purchase, may sell 4,772
any STRUCTURE, machinery, tools, equipment, material, PARTS, 4,773
OFFICE FURNITURE, or supplies unfit for use or not required 4,774
NEEDED by the department of transportation. Prior THE DIRECTOR 4,776
116
MAY SELL OR TRANSFER ANY ITEM SPECIFIED IN THIS DIVISION TO ANY 4,777
AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE 4,778
WITHOUT NOTICE OF THE PROPOSED DISPOSAL AND UPON ANY MUTUALLY 4,779
AGREED UPON TERMS. THE DIRECTOR MAY EXCHANGE ANY SUCH ITEM, IN 4,780
THE MANNER PROVIDED FOR IN THIS CHAPTER, AND PAY THE BALANCE OF 4,781
THE COST OF SUCH NEW ITEM FROM ANY FUNDS APPROPRIATED TO THE 4,782
DEPARTMENT. THE DIRECTOR ALSO MAY ACCEPT A CREDIT VOUCHER IN AN 4,783
AMOUNT MUTUALLY AGREED UPON BETWEEN A VENDOR AND THE DEPARTMENT. 4,784
THE AMOUNT OF THE CREDIT VOUCHER SHALL BE APPLIED TO FUTURE 4,785
PURCHASES FROM THAT VENDOR. 4,786
(B) NOTWITHSTANDING SECTIONS 125.12, 125.13, AND 125.14 OF 4,789
THE REVISED CODE, THE DIRECTOR, AFTER NOTICE AS PROVIDED IN THIS 4,792
CHAPTER WITH RESPECT TO PURCHASE, MAY SELL ANY PASSENGER VEHICLE, 4,793
VAN, TRUCK, TRAILER, OR OTHER HEAVY EQUIPMENT UNFIT FOR USE OR 4,794
NOT REQUIRED BY THE DEPARTMENT. PRIOR to such sale, the director 4,796
shall notify each county, municipal corporation, township, and 4,797
school district of the sale. The director shall similarly notify 4,798
the board of trustees of any regional water and sewer district 4,799
established under Chapter 6119. of the Revised Code, when the 4,800
board has forwarded to him THE DIRECTOR the district's name and 4,801
current business address. For the purposes of this division, the 4,802
name and current business address of a regional water and sewer 4,803
district shall be forwarded to the director once each year during 4,804
any year in which the board wishes the notification to be given. 4,805
THE NOTICE REQUIRED BY THIS DIVISION MAY BE GIVEN BY THE MOST 4,807
ECONOMICAL MEANS CONSIDERED TO BE EFFECTIVE, INCLUDING, BUT NOT 4,808
LIMITED TO, REGULAR MAIL, ELECTRONIC MAIL, ELECTRONIC BULLETIN 4,809
BOARD, AND PUBLICATION IN A PERIODICAL OR NEWSPAPER. If after 4,810
fourteen SEVEN days following mailing OR OTHER ISSUANCE of the 4,811
director's notice, no county, municipal corporation, township, 4,812
regional water and sewer district, educational service center, or 4,814
school district has notified the director that it wishes to 4,816
purchase any such machinery, tools, equipment, material, VEHICLE 4,817
or supplies OTHER HEAVY EQUIPMENT, the director may proceed with 4,818
117
the sale UNDER DIVISION (D) OF THIS SECTION. The director may 4,821
exchange such machinery, tools, VEHICLES and OTHER HEAVY 4,822
equipment for new VEHICLES OR OTHER HEAVY equipment, in the
manner provided for in sections 5513.01 to 5513.04 of the Revised 4,823
Code, and pay the balance of the cost of such new VEHICLES OR 4,824
OTHER HEAVY equipment from the highway operating fund of FUNDS 4,825
APPROPRIATED TO the department. 4,826
The IN AN EMERGENCY SITUATION AS DETERMINED BY THE 4,828
DIRECTOR, THE director may transfer any machinery, tools, 4,829
equipment, materials, VEHICLES or supplies OTHER HEAVY EQUIPMENT 4,830
THAT IS unfit for use or not required NEEDED by the department to 4,832
counties, municipal corporations, ANY AGENCY OF THE STATE or 4,833
other governmental subdivisions POLITICAL SUBDIVISION OF THE 4,834
STATE without advertising for bids and upon such MUTUALLY AGREED 4,835
TO terms as the director may agree with the public authorities
empowered to arrange for the transfer. 4,836
(B)(C) The director may sell or otherwise dispose of any 4,839
structure or structural materials salvaged on the state highway 4,840
system that in his THE DIRECTOR'S judgment are no longer required 4,842
NEEDED by the department, or that, through wear or obsolescence, 4,843
have become unfit for use. The director may authorize the sale 4,844
of the structure or materials by the district deputy directors of 4,845
transportation, and proceedings of such sale shall be conducted 4,846
in the same manner as provided for sales by the director. 4,847
Sale of such structure or materials shall be made to the 4,849
highest responsible bidder and, before making any sale, the 4,850
director shall give notice of such sale by posting, for not less 4,851
than ten days, a written, typed, or printed invitation to bidders 4,852
on a bulletin board in the offices of the department. The 4,853
bulletin board shall be located in a place open to the public 4,854
during business hours. If, in the opinion of the director, the 4,855
structure or materials to be sold have a fair market value of two 4,856
hundred dollars or less, the director need not advertise the 4,857
proposed sale except by notice posted on the bulletin board in 4,858
118
the offices of the department. If the structure or materials to 4,859
be sold have a fair market value in excess of two hundred 4,860
dollars, then the director shall publish one notice of the sale 4,861
in a newspaper of general circulation in the county in which such 4,862
structure or materials are located, and notice shall be published 4,863
at least ten days before bids are to be received. The invitation 4,864
to bidders shall contain a brief description of the materials to 4,865
be sold and a statement of the time and place where bids will be 4,866
received. The director may, in the same invitation, receive bids 4,867
on the structure as a whole with alternate bids on each of the 4,868
separate parts or classes of materials making up the whole, and 4,869
may make such sale on whichever basis he determines is most 4,871
advantageous to the department. If, after invitations are 4,872
issued, it develops that any public authority has use for the 4,873
structure or materials, the director may reject all bids and 4,874
dispose of the structure or materials as set out in this section. 4,875
The director may transfer the structure or materials to 4,877
counties, municipal corporations, or other governmental 4,878
subdivisions without advertising for bids and upon such MUTUALLY 4,879
AGREED TO terms as he may agree with the public authorities 4,880
empowered to arrange for the transfer. The director may transfer 4,882
the structure or structures to a nonprofit corporation upon being 4,883
furnished a copy of a contract between the nonprofit corporation 4,884
and a county, municipal corporation, or other governmental 4,885
subdivision to which the structure is to be moved pursuant to 4,886
which the nonprofit corporation must make the structure or 4,887
structures available for rent or sale within a period of three 4,888
months after becoming available for occupancy to an individual or 4,889
family which has been displaced by governmental action or which 4,890
occupies substandard housing as certified by such governmental 4,891
subdivision, without advertising for bids. Any such transfers 4,892
shall be for such consideration as shall be determined by the 4,893
director to be fair and reasonable, and shall be upon such terms 4,894
and specifications with respect to performance and indemnity as 4,895
119
shall be determined necessary by the director. 4,896
(C) When, in carrying out an improvement that replaces any 4,898
structure or materials, it is advantageous to dispose of the 4,899
structure or materials by providing in the contract for the 4,900
improvement that the structure or materials, or any part thereof, 4,901
shall become the property of the contractor, the director may so 4,902
proceed. 4,903
(D)(1) ANY ITEM SPECIFIED IN DIVISION (A), (B), OR (C) OF 4,908
THIS SECTION THAT HAS AN ESTIMATED MARKET VALUE GREATER THAN ONE 4,909
THOUSAND DOLLARS AND THAT HAS NOT BEEN SOLD OR TRANSFERRED AS 4,910
PROVIDED IN THOSE DIVISIONS MAY BE SOLD AT PUBLIC SALE. THE 4,911
DIRECTOR MAY AUTHORIZE SUCH SALE BY THE DISTRICT DEPUTY DIRECTORS 4,912
OF TRANSPORTATION, AND THE PROCEEDINGS OF SUCH SALE SHALL BE 4,913
CONDUCTED IN THE SAME MANNER AS PROVIDED FOR SALES BY THE 4,914
DIRECTOR. 4,915
BEFORE MAKING ANY SALE UNDER DIVISION (D)(1) OF THIS 4,918
SECTION, THE DIRECTOR SHALL GIVE NOTICE OF THE SALE BY POSTING, 4,919
FOR NOT LESS THAN TEN DAYS, A WRITTEN, TYPED, OR PRINTED 4,920
INVITATION TO BIDDERS ON A TRADITIONAL OR ELECTRONIC BULLETIN 4,921
BOARD IN THE OFFICES OF THE DEPARTMENT. THE BULLETIN BOARD SHALL 4,922
BE LOCATED IN A PLACE OPEN TO THE PUBLIC DURING NORMAL BUSINESS 4,923
HOURS. AT LEAST TEN DAYS BEFORE BIDS ARE TO BE RECEIVED, THE 4,924
DIRECTOR ALSO SHALL PUBLISH ONE NOTICE OF THE SALE IN A 4,925
PERIODICAL OR NEWSPAPER OF GENERAL CIRCULATION IN THE REGION IN 4,926
WHICH THE ITEMS ARE LOCATED. THE INVITATION TO BIDDERS AND THE 4,927
PUBLISHED NOTICE OF THE SALE SHALL CONTAIN A BRIEF DESCRIPTION OF 4,928
THE ITEMS TO BE SOLD AND A STATEMENT OF THE TIME AND PLACE WHERE 4,929
BIDS WILL BE RECEIVED. THE DIRECTOR MAY RECEIVE BIDS AND MAKE 4,930
SUCH SALE ON ANY BASIS THE DIRECTOR DETERMINES IS MOST 4,931
ADVANTAGEOUS TO THE DEPARTMENT. A SALE UNDER DIVISION (D)(1) OF 4,933
THIS SECTION SHALL BE MADE TO THE HIGHEST RESPONSIBLE BIDDER. 4,934
IF, AFTER INVITATIONS ARE ISSUED, IT DEVELOPS THAT ANY PUBLIC 4,935
AUTHORITY HAS USE FOR ANY OF THE ITEMS, THE DIRECTOR MAY REJECT 4,936
ALL BIDS AND DISPOSE OF THE ITEMS AS SET OUT IN THIS SECTION. 4,937
120
(2) IF, IN THE OPINION OF THE DIRECTOR, ANY ITEM SPECIFIED 4,940
IN DIVISION (A), (B), OR (C) OF THIS SECTION HAS AN ESTIMATED 4,944
FAIR MARKET VALUE OF ONE THOUSAND DOLLARS OR LESS, THE DIRECTOR 4,945
IS NOT REQUIRED TO ADVERTISE THE PROPOSED SALE EXCEPT BY NOTICE 4,946
POSTED ON A TRADITIONAL OR ELECTRONIC BULLETIN BOARD IN ONE OR 4,947
MORE OFFICES OF THE DEPARTMENT. THE BULLETIN BOARD SHALL BE 4,948
LOCATED IN A PLACE OPEN TO THE PUBLIC DURING NORMAL BUSINESS 4,949
HOURS. THE NOTICE SHALL BE POSTED FOR AT LEAST FIVE WORKING DAYS 4,950
AND SHALL CONTAIN A BRIEF DESCRIPTION OF THE ITEMS TO BE SOLD AND 4,951
A STATEMENT OF THE TIME AND PLACE WHERE BIDS WILL BE RECEIVED. 4,952
THE DIRECTOR MAY RECEIVE BIDS AND MAKE SUCH SALE ON ANY BASIS THE 4,953
DIRECTOR DETERMINES IS MOST ADVANTAGEOUS TO THE DEPARTMENT. SALE 4,954
OF ANY ITEM USING THIS METHOD OF ADVERTISING SHALL BE MADE TO THE 4,955
HIGHEST RESPONSIBLE BIDDER. IF IT DEVELOPS THAT ANY PUBLIC 4,956
AUTHORITY HAS USE FOR ANY OF THE ITEMS, THE DIRECTOR MAY REJECT 4,957
ALL BIDS AND DISPOSE OF THE ITEMS AS SET OUT IN THIS SECTION. 4,958
(E) Proceeds of any sale described in this section shall 4,960
be paid into the state treasury to the credit of the state 4,961
highway operating fund OR ANY OTHER FUND OF THE DEPARTMENT AS 4,962
DETERMINED BY THE DIRECTOR. 4,963
(E)(F) As used in this section, "school district" means 4,966
any city school district, local school district, exempted village 4,967
school district, cooperative education school district, and joint 4,969
vocational school district, as defined in Chapter 3311. of the 4,970
Revised Code. Once each year, the state board of education shall 4,971
provide the director with a current list of the addresses of all 4,972
school districts and educational service centers in the state. 4,973
Sec. 5513.06. (A) The director of transportation may 4,982
debar a vendor from consideration for contract awards upon a 4,983
finding based upon a reasonable belief that the vendor has done 4,984
any of the following:
(1) Abused the solicitation process by repeatedly 4,986
withdrawing bids before purchase orders or contracts are issued 4,987
or failing to accept orders based upon firm bids; 4,988
121
(2) Failed to substantially perform a contract according 4,990
to its terms, conditions, and specifications within specified 4,991
time limits;
(3) Failed to cooperate in monitoring contract performance 4,993
by refusing to provide information or documents required in a 4,994
contract, failed to respond and correct matters related to 4,995
complaints to the vendor, or accumulated repeated justified 4,996
complaints regarding performance of a contract; 4,997
(4) Attempted to influence a public employee to breach 4,999
ethical conduct standards; 5,000
(5) Colluded with other bidders to restrain competition by 5,002
any means;
(6) Been convicted of a criminal offense related to the 5,004
application for or performance of any public or private contract, 5,005
including, but not limited to, embezzlement, theft, forgery, 5,006
bribery, falsification or destruction of records, receiving 5,007
stolen property, and any other offense that directly reflects on 5,008
the vendor's business integrity;
(7) Been convicted under state or federal antitrust laws; 5,010
(8) Deliberately or willfully submitted false or 5,012
misleading information in connection with the application for or 5,013
performance of a public contract; 5,014
(9) HAS BEEN DEBARRED BY ANOTHER STATE OR BY ANY AGENCY OR 5,016
DEPARTMENT OF THE FEDERAL GOVERNMENT; 5,017
(10) Violated any other responsible business practice or 5,019
performed in an unsatisfactory manner as determined by the 5,021
director.
(B) When the director reasonably believes that grounds for 5,023
debarment exist, the director shall send the vendor a notice of 5,024
proposed debarment. If the vendor is a partnership, association, 5,025
or corporation, the director also may debar from consideration 5,026
for contract awards any partner of the partnership, or the 5,027
officers and directors of the association or corporation, being 5,028
debarred. When the director reasonably believes that grounds for 5,029
122
debarment exist, the director shall send the individual involved 5,030
a notice of proposed debarment. A notice of proposed debarment 5,031
shall indicate the grounds for the debarment of the vendor or
individual and the procedure for requesting a hearing. The 5,033
notice and hearing shall be in accordance with Chapter 119. of 5,034
the Revised Code. If the vendor or individual does not respond 5,035
with a request for a hearing in the manner specified in Chapter 5,037
119. of the Revised Code, the director shall issue the debarment 5,038
decision without a hearing and shall notify the vendor or 5,039
individual of the decision by certified mail, return receipt 5,040
requested. The debarment period may be of any length determined
by the director and the director may modify or rescind the 5,042
debarment at any time. During the period of debarment, the 5,043
director shall not include on a bidder list or consider for a 5,044
contract award any partnership, association, or corporation
affiliated with a debarred individual. After the debarment 5,045
period expires, the vendor or individual, and any partnership, 5,046
association, or corporation affiliated with the individual, may 5,047
reapply for inclusion on bidder lists through the regular 5,048
application process.
Sec. 5515.01. The director of transportation may upon 5,057
formal application being made to him THE DIRECTOR, grant a permit 5,059
to any individual, firm, or corporation to use or occupy such
portion of a road or highway on the state highway system as will 5,061
not incommode the traveling public. Such permits, when granted, 5,062
shall be upon the following conditions: 5,063
(A) The occupancy of such roads or highways shall be in 5,065
the location as prescribed by the director. 5,066
(B) Such location shall be changed as prescribed by the 5,068
director when he THE DIRECTOR deems such change necessary for the 5,070
convenience of the traveling public, or in connection with or
contemplation of the construction, reconstruction, improvement, 5,072
relocating, maintenance, or repair of such road or highway. 5,073
(C) The placing of objects or things shall be at a grade 5,075
123
and in accordance with such plans, specifications, or both, as 5,076
shall be first approved by the director. 5,077
(D) The road or highway in all respects shall be fully 5,079
restored to its former condition of usefulness and at the expense 5,080
of such individual, firm, or corporation. 5,081
(E) Such individual, firm, or corporation shall maintain 5,083
all objects and things in a proper manner, promptly repair all 5,084
damages resulting to such road or highway on account thereof, and 5,085
in event of failure to so repair such road or highway to pay to 5,086
the state all costs and expenses which may be expended by the 5,087
director in repairing any damage. 5,088
(F) Such other conditions as may seem reasonable to the 5,090
director, but no condition shall be prescribed which imposes the 5,091
payment of a money consideration for the privilege granted. 5,092
NOTHING IN THIS DIVISION PROHIBITS THE DIRECTOR FROM REQUIRING 5,094
PAYMENT OF MONEY CONSIDERATION FOR A LEASE, EASEMENT, LICENSE, OR 5,095
OTHER INTEREST IN A TRANSPORTATION FACILITY UNDER CONTROL OF THE 5,096
DEPARTMENT.
(G) Permits may be revoked by the director at any time for 5,098
a noncompliance with the conditions imposed. 5,099
(H) BEFORE ISSUING A PERMIT TO A TELECOMMUNICATIONS 5,102
SERVICE IN CONNECTION WITH THE CONSTRUCTION, PLACEMENT, OR 5,103
OPERATION OF A WIRELESS TRANSMISSION TOWER OR OTHER TRANSMISSION 5,104
EQUIPMENT IN A TRANSPORTATION FACILITY UNDER DIVISION (E) OF 5,105
SECTION 5501.311 OF THE REVISED CODE, THE DIRECTOR SHALL REQUIRE 5,108
THE APPLICANT TO PROVIDE PROOF IT IS PARTY TO A LEASE, EASEMENT, 5,109
OR LICENSE FOR SUCH CONSTRUCTION, PLACEMENT, OR OPERATION. 5,110
Chapters EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION AND 5,112
SECTION 5501.311 OF THE REVISED CODE, CHAPTERS 5501., 5503., 5,113
5511., 5512., 5513., 5515., 5516., 5517., 5519., 5521., 5523., 5,116
5525., 5527., 5528., 5529., 5531., 5533., and 5535. of the 5,117
Revised Code do not prohibit telegraph, telephone, and electric 5,118
light and power companies to construct FROM CONSTRUCTING, 5,119
maintain MAINTAINING, and use USING telegraph, telephone, or 5,121
124
electric light and power lines along and upon such roads or 5,122
highways under sections 4931.01, 4931.03, 4931.19, 4933.14, or 5,123
other sections of the Revised Code, or to affect existing rights 5,124
of any such companies, or to require such companies to obtain a 5,125
permit from the director, except with respect to the location of 5,126
poles, wires, conduits, and other equipment comprising lines on 5,127
or beneath the surface of such road or highways. 5,128
This section does not prohibit steam or electric railroad 5,130
companies from constructing tracks across such roads or highways, 5,131
nor authorize the director to grant permission to any company 5,132
owning, operating, controlling, or managing a steam railroad or 5,133
interurban railway in this state to build a new line of railroad, 5,134
or to change or alter the location of existing tracks across any 5,135
road or highway on the state highway system at grade. No such 5,136
company shall change the elevation of any of its tracks across 5,137
such road or highway except in accordance with plans and 5,138
specifications first approved by the director. 5,139
This section does not relieve any individual, firm, or 5,141
corporation from the obligation of satisfying any claim or demand 5,142
of an owner of lands abutting on such road or highway on the 5,143
state highway system on account of placing in such road or 5,144
highway a burden in addition to public travel. 5,145
Sec. 5516.01. As used in sections 5516.01 to 5516.13 5,154
5516.14 of the Revised Code: 5,156
(A) "Advertising device" includes any outdoor sign, 5,158
display, device, figure, painting, drawing, message, placard, 5,159
poster, billboard, or any other contrivance designed, intended, 5,160
or used to advertise or to give information in the nature of 5,161
advertising, or any part thereof, the advertising or informative 5,162
contents of which are visible from the main traveled way of any 5,163
highway on the interstate system or primary system in this state. 5,164
(B) "Visible" means capable of being seen, whether or not 5,166
legible, AND COMPREHENDED without visual aid by a person of 5,167
normal acuity TRAVELING THE POSTED SPEED LIMIT ON THE MAIN 5,168
125
TRAVELED WAY OF THE HIGHWAY. 5,169
(C) "Interstate system" means THAT PORTION OF the 5,171
interstate system of highways as defined in 74 Stat. 415 (1960), 5,173
23 U.S.C.A. 103, or amendments thereof, OR THE NATIONAL HIGHWAY 5,174
SYSTEM, LOCATED WITHIN THIS STATE, AS DESIGNATED BY THE DIRECTOR 5,175
OF TRANSPORTATION AND APPROVED BY THE SECRETARY OF TRANSPORTATION 5,176
OF THE UNITED STATES, PURSUANT TO 23 U.S.C.A. 103(b) AND (e). 5,178
(D) "Erect" means to construct or allow to be constructed, 5,180
but it shall not include any activity when performed as an 5,181
incident to the change of advertising message or normal 5,182
maintenance of a sign or sign structure. 5,183
(E) "Maintain" means to preserve, keep in repair, 5,185
continue, allow to exist, or restore if destroyed by an act of 5,186
God or vandalism. 5,187
(F) "National policy" means the provisions relating to 5,189
control of advertising, signs, displays, and devices adjacent to 5,190
the interstate system and primary system contained in the 5,191
"National Highway Beautification Act of 1965," 79 Stat. 1028, OF 5,192
23 U.S.C.A. 131 and the national standards, criteria, and rules 5,193
promulgated pursuant to such provisions. 5,194
(G) "Primary system" means that portion of the state 5,196
highway system OR NATIONAL HIGHWAY SYSTEM LOCATED WITHIN THIS 5,197
STATE as designated or as may hereafter be designated by the 5,199
state as part of the federal-aid primary system of highways,
which designation has been DIRECTOR AND approved by the secretary 5,200
of transportation of the United States, pursuant to 70 Stat. 374 5,202
(1956), 23 U.S.C.A. 103(b). 5,203
(H) "Zoned commercial or industrial areas" means those 5,205
nonagricultural areas which are reserved for business, commerce, 5,206
or trade, pursuant to local zoning laws, regulations, or state 5,207
laws. 5,208
(I) "Unzoned commercial or industrial areas AREA" means 5,210
those areas AN AREA not zoned by state or local law, regulation, 5,212
or ordinance, upon IN which THERE is conducted LOCATED one or 5,215
126
more commercial or industrial activities, and. SUCH AREA MAY 5,216
ALSO INCLUDE the lands along the highway for a distance of eight 5,218
hundred fifty feet immediately adjacent to such activities. All 5,219
measurements THIS DISTANCE shall be MEASURED from the buildings, 5,220
parking lots, storage or processing areas of the activities, and 5,221
shall be measured along or parallel to the near edge of the main 5,222
traveled way of the highway. Unzoned commercial or industrial 5,223
areas THIS DISTANCE shall not include land on the opposite side 5,225
of the highway from such activities, nor land predominantly used 5,226
for residential purposes. AN AREA SHALL BE CONSIDERED 5,227
PREDOMINATELY RESIDENTIAL IF FIFTY PER CENT OR MORE OF THE EIGHT 5,228
HUNDRED FEET IMMEDIATELY ADJACENT TO THE ACTIVITIES CONTAINS LAND 5,229
USED AS RESIDENTIAL PROPERTY. Each side of the highway will be 5,230
considered separately in applying this definition. As used in 5,231
this section "commercial
(J) "COMMERCIAL or industrial activities" means those 5,234
activities generally recognized as commercial or industrial by 5,235
zoning authorities of this state, except that none of the. THE 5,236
following activities shall NOT be considered commercial or 5,238
industrial:
(1) Outdoor ACTIVITIES RELATING TO advertising structures; 5,240
(2) Agricultural, forestry, ranching, grazing, farming, 5,242
and related activities, including, but not limited to, ACTIVITIES 5,243
RELATING TO wayside fresh produce stands; 5,245
(3) Transient or temporary activities; 5,247
(4) Activities not visible from the main traveled way; 5,249
(5) Activities LOCATED more than six hundred sixty feet 5,251
from the nearest edge of the right-of-way; 5,252
(6) Activities conducted in a building principally used as 5,254
a residence; 5,255
(7) Railroad ACTIVITIES RELATING TO RAILROAD tracks and 5,257
minor sidings; 5,258
(8) Highways ACTIVITIES RELATING TO HIGHWAYS, roads, and 5,260
streets. 5,261
127
(K) "DIRECTIONAL AND OFFICIAL SIGNS AND NOTICES" MEANS 5,263
THOSE SIGNS AND NOTICES THAT ARE REQUIRED OR AUTHORIZED BY LAW 5,264
AND CONFORM TO THE RULES FOR SUCH SIGNS AND NOTICES AS ADOPTED BY 5,265
THE DIRECTOR IN ACCORDANCE WITH 23 C.F.R. 750.151 TO 750.155. 5,266
(L) "NONCONFORMING ADVERTISING DEVICE" MEANS AN 5,268
ADVERTISING DEVICE THAT WAS: 5,269
(1) LAWFULLY IN EXISTENCE PRIOR TO DECEMBER 7, 1971; 5,271
(2) LAWFULLY ON ANY HIGHWAY MADE A PART OF THE INTERSTATE 5,273
SYSTEM OR PRIMARY HIGHWAY SYSTEM ON OR AFTER DECEMBER 7, 1971; 5,274
(3) LAWFULLY ERECTED PRIOR TO ANY REVISION IN THE LAW 5,276
EFFECTIVE DECEMBER 7, 1971; OR 5,277
(4) LAWFULLY ERECTED BUT: 5,279
(a) NO LONGER IN COMPLIANCE WITH THE PROVISIONS OF STATE 5,281
LAW ENACTED OR RULES ADOPTED AT A LATER DATE; OR 5,282
(b) NO LONGER IN COMPLIANCE WITH STATE LAWS OR RULES DUE 5,284
TO CHANGED CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ZONING 5,285
CHANGES, HIGHWAY RELOCATION, HIGHWAY RECLASSIFICATION, OR CHANGES 5,286
IN RESTRICTIONS ON SIZING, LIGHTING, SPACING, OR DISTANCE OF 5,287
ADVERTISING DEVICES.
ILLEGALLY ERECTED OR MAINTAINED ADVERTISING DEVICES ARE NOT 5,289
NONCONFORMING SIGNS. 5,290
(M) "SCENIC BYWAY" MEANS ANY LINEAR TRANSPORTATION 5,292
CORRIDOR AS DESIGNATED OR AS MAY HEREAFTER BE SO DESIGNATED BY 5,293
THE DIRECTOR UNDER THE OHIO SCENIC BYWAYS PROGRAM AS HAVING 5,294
OUTSTANDING SCENIC QUALITIES.
(N) "DIRECTOR" MEANS THE DIRECTOR OF THE OHIO DEPARTMENT 5,296
OF TRANSPORTATION. 5,297
(O) "COMMERCIAL OR INDUSTRIAL ZONE" MEANS THOSE AREAS 5,299
ESTABLISHED BY ANY STATE, COUNTY, MUNICIPAL, OR OTHER LOCAL 5,300
ZONING AUTHORITY AS BEING MOST APPROPRIATE FOR BUSINESS, 5,301
COMMERCE, INDUSTRY, OR TRADE. ANY ACTION TAKEN BY A STATE, 5,302
COUNTY, MUNICIPAL, OR OTHER LOCAL ZONING AUTHORITY THAT IS NOT
PART OF COMPREHENSIVE ZONING AND IS CREATED PRIMARILY TO PERMIT 5,303
OUTDOOR ADVERTISING DEVICES SHALL NOT BE CONSIDERED A COMMERCIAL 5,304
128
OR INDUSTRIAL ZONE FOR PURPOSES OF THIS CHAPTER. 5,305
Sec. 5516.02. No advertising device shall be erected or 5,314
maintained within six hundred sixty feet of the edge of the 5,316
right-of-way of a highway on the interstate system except the 5,318
following: 5,319
(A) Directional or other AND official signs or AND notices 5,322
that are required or authorized by law CONFORM TO RULES ADOPTED 5,323
BY THE DIRECTOR OF TRANSPORTATION; 5,324
(B) Signs advertising the sale or lease of the property 5,326
upon which they are located; 5,327
(C) Advertising devices indicating the name of the 5,329
business or profession conducted on such property or which THAT 5,330
identify the goods produced, sold, or services rendered on such 5,331
property, AND THAT CONFORM TO RULES ADOPTED BY THE DIRECTOR; 5,332
(D) Advertising devices which THAT are located in 5,334
commercial or industrial zones traversed by segments of the 5,335
interstate system within the boundaries of incorporated 5,336
municipalities A MUNICIPAL CORPORATION as such boundaries existed 5,338
on September 21, 1959, which AND THAT conform to regulations 5,340
promulgated RULES ADOPTED by the director of transportation, 5,341
provided that no such sign or notice shall be erected or 5,342
maintained until a permit is obtained as provided in section 5,343
5516.10 of the Revised Code. 5,344
Sec. 5516.03. The director of transportation shall 5,353
promulgate ADOPT, AMEND, and enforce regulations RULES, 5,355
consistent with THE CUSTOMARY USE OF OUTDOOR ADVERTISING, the 5,356
safety of the traveling public, and consistent with the national 5,358
policy, governing any or all aspects of the advertising devices 5,360
erected or maintained within six hundred sixty feet of the edge
of the right-of-way of a highway on the interstate system and 5,361
coming within the exceptions contained in section 5516.02 of the 5,362
Revised Code AS ARE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS 5,363
CHAPTER. SUCH RULES MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, 5,364
SIZING, LIGHTING, SPACING, AND SUCH OTHER CONDITIONS AS MAY BE 5,365
129
NECESSARY TO PROMOTE THE SAFETY OF THE TRAVELING PUBLIC AND 5,366
EFFECT THE NATIONAL POLICY. THE RULES SHALL BE IN ADDITION TO 5,367
THE PROVISIONS OF MUNICIPAL ORDINANCES REGULATING ADVERTISING
DEVICES AND SHALL NOT INVALIDATE THE PROVISIONS OF ANY MUNICIPAL 5,368
ORDINANCE THAT ARE EQUIVALENT TO AND CONSISTENT WITH THE RULES 5,369
ADOPTED BY THE DIRECTOR UNDER THIS SECTION. The director shall 5,372
furnish a copy of such regulations RULES, without charge, to any 5,373
person making a request therefor. 5,374
The director may adopt such amendments to such regulations 5,376
as are necessary and consistent with public safety and which are 5,378
consistent with the national policy. 5,379
Whoever violates such regulations is in violation of 5,381
section 5516.02 of the Revised Code. 5,382
Sec. 5516.04. (A) Any advertising device which violates 5,391
sections 5516.02 and 5516.03 of the Revised Code, THAT IS LOCATED 5,392
WITHIN SIX HUNDRED SIXTY FEET OF THE EDGE OF THE RIGHT-OF-WAY OF 5,393
A HIGHWAY ON THE INTERSTATE SYSTEM, OR WITHIN SIX HUNDRED SIXTY 5,394
FEET OF THE EDGE OF THE RIGHT-OF-WAY OF A HIGHWAY ON THE PRIMARY 5,395
SYSTEM OR OUTSIDE OF AN URBAN AREA BETWEEN SIX HUNDRED SIXTY FEET 5,396
AND THREE THOUSAND FEET OF THE RIGHT-OF-WAY OF A HIGHWAY ON THE 5,397
INTERSTATE SYSTEM OR PRIMARY SYSTEM AND DOES NOT COME WITHIN ANY 5,398
OF THE EXCEPTIONS CONTAINED IN SECTIONS 5516.02, 5516.06, OR
5516.061 OF THE REVISED CODE OR THE RULES ADOPTED THEREUNDER, OR 5,399
THAT IS BEING MAINTAINED WITHOUT A VALIDLY ISSUED PERMIT is a 5,400
public and private nuisance, and SHALL BE REMOVED. IMMEDIATELY 5,401
UPON LEARNING OF THE EXISTENCE OF SUCH A NUISANCE, AND WITHOUT AN 5,402
ADJUDICATION, the director of transportation shall give thirty 5,404
days notice, by registered or certified mail, ISSUE AN ORDER to 5,405
the owner or lessee of the land on which such advertising device 5,406
is located, AND TO THE OWNER OF SUCH ADVERTISING DEVICE, IF 5,407
KNOWN, to remove such advertising THE device WITHIN THIRTY DAYS 5,408
OF THE ISSUANCE OF THE ORDER. THE ORDER SHALL BE IN WRITING AND 5,409
SHALL BE SENT BY CERTIFIED MAIL. IF THE OWNER OF THE ADVERTISING 5,410
DEVICE IS UNKNOWN, THE DIRECTOR SHALL MAKE A REASONABLE ATTEMPT 5,411
130
TO ASCERTAIN THE IDENTITY OF SUCH OWNER. AN ORDER ISSUED UNDER 5,412
THIS SECTION SHALL CONTAIN INFORMATION THAT SUCH ORDER MAY BE 5,413
APPEALED IN ACCORDANCE WITH SECTION 119.12 OF THE REVISED CODE.
IF AN APPEAL IS ENTERED AND REMOVAL OF THE ADVERTISING 5,415
DEVICE IS SUBSEQUENTLY AFFIRMED, THE DIRECTOR MAY IMMEDIATELY 5,416
REMOVE THE ADVERTISING DEVICE. IF NO APPEAL IS ENTERED WITHIN 5,417
THE PERIOD SPECIFIED IN SECTION 119.12 OF THE REVISED CODE, THE 5,418
DIRECTOR MAY IMMEDIATELY REMOVE THE SIGN WITHOUT FURTHER NOTICE
OR FILE A COMPLAINT IN THE COURT OF COMMON PLEAS OF THE COUNTY IN 5,419
WHICH SUCH ADVERTISING DEVICE IS LOCATED. UPON A FINDING BY THE 5,420
COURT OF COMMON PLEAS THAT A VIOLATION OF SECTIONS 5516.02 TO 5,421
5516.14 OF THE REVISED CODE EXISTS AS ALLEGED IN THE PETITION, 5,422
THE COURT SHALL ENTER AN ORDER OF ABATEMENT AGAINST THE PERSON OR
PERSONS ERECTING OR MAINTAINING SUCH ADVERTISING DEVICE, OR 5,423
AGAINST THE OWNER OR OWNERS OF THE LAND UPON WHICH SUCH 5,424
ADVERTISING DEVICE IS SITUATED.
If any such advertising device has not been removed on or 5,426
before the expiration of thirty days following the receipt of the 5,427
said notice by the owner or lessee of the land upon which the 5,428
advertising device is located, the director, or any of his duly 5,430
authorized agents, may, at his discretion, either: 5,432
(A) Remove, obliterate, or abate the advertising device. 5,434
(B) The cost of OR expense of such removal, obliteration, or 5,436
abatement, shall be paid by the director out of any appropriation 5,437
of the department of transportation available for the 5,438
establishment, using, maintaining, or repairing USE, MAINTENANCE, 5,439
OR REPAIR of highways, and the amount thereof shall be certified 5,441
to the attorney general for collection by civil action against 5,442
the person maintaining or erecting DEVICE OWNER OR THE OWNER OR 5,443
LESSEE OF THE LAND ON WHICH such advertising device IS LOCATED. 5,444
SUCH OWNERS AND LESSEES SHALL BE JOINTLY LIABLE FOR SUCH COSTS OR 5,445
EXPENSES.
(B) File a complaint by petition in the court of common 5,447
pleas of the county in which such advertising device is located, 5,448
131
and, upon a finding by the court that a violation of sections 5,449
5516.02 to 5516.04 of the Revised Code, exists as alleged in the 5,450
petition, the court shall enter an order of abatement against the 5,451
person or persons erecting or maintaining such advertising 5,452
device, or against the owner or owners of the land upon which 5,453
such advertising device is situated, as the case may be. 5,454
(C) EMPLOYEES, AGENTS, OR INDEPENDENT CONTRACTORS OF THE 5,456
DEPARTMENT OF TRANSPORTATION MAY ENTER UPON PRIVATE PROPERTY FOR 5,457
THE PURPOSE OF REMOVING ADVERTISING DEVICES IN ACCORDANCE WITH 5,458
THIS SECTION, WITHOUT INCURRING ANY LIABILITY FOR SO ENTERING. 5,459
Sec. 5516.06. No advertising device shall be erected or 5,469
maintained within six hundred sixty feet of the edge of the
right-of-way of a highway on the primary system except the 5,470
following:
(A) Directional and other official signs and notices 5,472
required or authorized by law; which signs and notices shall 5,473
include signs and notices pertaining to natural wonders, scenic 5,474
and historical attractions, which shall THAT conform to 5,475
regulations promulgated RULES ADOPTED by the director of 5,477
transportation consistent with the national policy, provided that 5,479
no such sign or notice shall be erected until a permit is 5,480
obtained as provided for in section 5516.10 of the Revised Code; 5,481
(B) Signs advertising the sale or lease of the property 5,483
upon which they are located; 5,484
(C) Advertising devices indicating the name of the 5,486
business, activities, or profession conducted on such property or 5,487
which identify the goods produced, sold, or services rendered on 5,488
such property; 5,489
(D) Precautionary signs relating to the premises; 5,491
(E) Signs, displays, or devices which locate, identify, 5,493
mark, or warn of the presence of pipe lines, utility lines, or 5,494
rail lines, and appurtenances thereof, including, but not limited 5,495
to, markers used in the maintenance, operation, observation, and 5,496
safety of said lines; 5,497
132
(F) Advertising devices located in zoned or unzoned 5,499
industrial or commercial areas adjacent to highways on the 5,500
primary system. No such advertising device in such areas shall 5,501
be erected until a permit is obtained as provided in section 5,502
5516.10 of the Revised Code THAT CONFORM TO RULES ADOPTED BY THE 5,503
DIRECTOR; 5,504
(G) Signs lawfully in existence on October 22, 1965, that 5,506
the director, subject to the approval of the secretary of the 5,507
United States department of transportation, has determined to be 5,508
landmark signs, including signs on farm structures or natural 5,509
surfaces, which are of historic or artistic significance, 5,510
provided that no such sign shall be maintained without a permit 5,511
as provided for in section 5516.10 of the Revised Code. 5,512
Sec. 5516.061. No advertising device shall be erected 5,521
outside of urban areas between six hundred sixty feet and three 5,522
thousand feet of the right-of-way of the main traveled way of a 5,523
highway on the interstate or primary system for the purpose of a 5,524
message being read IF SUCH DEVICE WOULD BE VISIBLE from such main 5,525
traveled way, except the following: 5,527
(A) Directional and other official signs and notices 5,529
required or authorized by law, which include signs and notices 5,530
pertaining to natural wonders and scenic and historical 5,531
attractions, which shall THAT conform to rules promulgated 5,532
ADOPTED by the director of transportation consistent with the 5,534
national policy, provided that no such sign or notice shall be 5,535
erected until a permit is obtained as provided for in section 5,536
5516.10 of the Revised Code; 5,537
(B) Signs advertising the sale or lease of the property 5,539
upon which they are located; 5,540
(C) Advertising devices indicating the name of the 5,542
business, activities, or profession conducted on such property or 5,543
which identify the goods produced, sold, or services rendered on 5,544
such property; 5,545
(D) Signs lawfully in existence on October 22, 1965, that 5,547
133
the director, subject to the approval of the secretary of the 5,548
United States department of transportation, has determined to be 5,549
landmark signs, including signs on farm structures or natural 5,550
surfaces, which are of historic or artistic significance, 5,551
provided that no such sign shall be maintained without a permit 5,552
as provided for in section 5516.10 of the Revised Code. 5,553
No advertising device or series of devices erected outside 5,555
of urban areas and beyond three thousand feet of the right-of-way 5,556
of the main traveled way of a highway on the interstate or 5,557
primary system for the purpose of a message being read from the 5,558
main traveled way shall exceed one hundred fifty square feet in 5,559
area. For purposes of this section, a series of devices 5,560
conveying a single message shall not have a combined area in 5,561
excess of one hundred fifty square feet in area. 5,562
Any advertising device lawfully in existence prior to the 5,564
effective date of this section NOVEMBER 28, 1975, or lawfully on 5,566
any highway made a part of the interstate or primary system on or 5,567
after this THAT date, the erection of which would be illegal 5,569
under this section, is nonconforming, and may be maintained 5,570
subject to the permit provisions of section 5516.10 of the 5,571
Revised Code until ordered removed under section 5516.08 of the 5,572
Revised Code.
As used in this section, "urban area" means an urbanized 5,574
area or an urban place as designated by the bureau of the census 5,575
having a population of five thousand or more, and within 5,576
boundaries approved by the U.S. UNITED STATES secretary of 5,578
transportation.
Sec. 5516.07. Any advertising device lawfully in existence 5,587
prior to December 7, 1971, or lawfully on any highway made a part 5,588
of the interstate or primary system on or after December 7, 1971, 5,589
the erection of which would be illegal under division (D) of 5,590
section 5516.02 and section 5516.06 of the Revised Code, is 5,591
nonconforming. Any such nonconforming advertising device located 5,592
within zoned or unzoned commercial or industrial areas may be 5,593
134
maintained and shall not be ordered removed by the director of 5,594
transportation or, except upon the payment of compensation as 5,595
provided in division (A) of section 5516.08 of the Revised Code, 5,596
by a state, county, or local zoning authority, but such 5,597
advertising devices are subject to the permit provisions of 5,598
section 5516.10 of the Revised Code. All other nonconforming 5,599
advertising devices may SHALL be maintained, subject to the 5,600
permit provisions of section SECTIONS 5516.10 AND 5516.12 of the 5,603
Revised Code, until ordered removed under section 5516.08 of the 5,604
Revised Code.
The director shall not require the removal of any 5,606
advertising device for which federal reimbursement is 5,607
contemplated pursuant to subsection (g), 89 Stat. 2700 (1978), 23 5,608
U.S.C.A. 131, nor approve any application for reimbursement made 5,609
under division (C) of section 5516.08 of the Revised Code, 5,610
unless, until, and to the extent that federal funds for the 5,611
federal share of compensation therefor have been appropriated by 5,612
the federal government and made available to the director for 5,613
such purposes. 5,614
Sec. 5516.08. (A) The director of transportation, or a 5,623
state, county, MUNICIPAL, or OTHER local zoning authority, may 5,625
order the removal of NONCONFORMING advertising devices that are 5,626
nonconforming in accordance with LAWFULLY MAINTAINED PURSUANT TO 5,627
section 5516.07 of the Revised Code, or with UNDER a zoning 5,628
ordinance or regulation, and each. EACH such removal of an 5,630
advertising device ordered by the director or zoning authority 5,632
shall be deemed to constitute a taking of all right, title, and 5,633
interest in such advertising device, including any leasehold 5,634
interest, of the owner of the advertising device and of the right 5,635
of the owner of the real property on which the advertising device 5,636
is located to erect and maintain such advertising device thereon. 5,637
The director or zoning authority shall pay JUST compensation for 5,638
all such interests in any such taking, in the same manner as 5,639
other property is acquired pursuant to Chapter 163. of the 5,640
135
Revised Code, notwithstanding the right or obligation of the 5,641
owner of such advertising device, as against the owner of the 5,642
real property on which the advertising device is located, to 5,643
remove such device at any time. THE DIRECTOR, OR A STATE, 5,644
COUNTY, MUNICIPAL, OR OTHER LOCAL ZONING AUTHORITY IS AUTHORIZED 5,645
TO ACQUIRE BY GIFT, PURCHASE, OR APPROPRIATION, DEVICES ORDERED 5,646
REMOVED UNDER THIS SECTION.
If the director or zoning authority and any such owner of a 5,648
compensable right or interest under this section do not reach 5,649
agreement as to the amount of compensation to be paid for the 5,650
taking of such right or interest, the director or zoning 5,651
authority shall institute an action to appropriate the interest 5,652
of such person in accordance with Chapter 163. of the Revised 5,653
Code. In any such action, loss of business shall not be 5,654
considered an item of compensable damages. 5,655
Neither the director nor a state, county, MUNICIPAL, or 5,657
OTHER local zoning authority shall enter upon any property 5,659
pursuant to a removal order to cause the physical removal of any 5,660
NONCONFORMING advertising device, for which an owner is entitled 5,662
to JUST compensation, until the owner and the director or zoning 5,663
authority have reached agreement as to the compensation to be 5,664
paid or until the compensation proposed to be paid by the 5,665
director or zoning authority has been deposited pursuant to 5,666
section 163.06 of the Revised Code.
(B) The DIRECTOR SHALL NOT ORDER THE REMOVAL OF ANY 5,669
ADVERTISING DEVICE FOR WHICH FEDERAL REIMBURSEMENT IS 5,670
CONTEMPLATED PURSUANT TO 23 U.S.C.A. 131(g), NOR APPROVE ANY 5,671
APPLICATION FOR REIMBURSEMENT MADE UNDER DIVISION (C) OF THIS 5,672
SECTION, UNLESS AND UNTIL FEDERAL FUNDS FOR THE FEDERAL SHARE OF 5,673
COMPENSATION THEREFOR HAVE BEEN APPROPRIATED BY THE FEDERAL 5,674
GOVERNMENT AND MADE AVAILABLE TO THE DIRECTOR FOR SUCH PURPOSES.
THE director shall provide by regulation RULE for the making of 5,677
reimbursements to state, county, MUNICIPAL, and OTHER local 5,678
zoning authorities for the removal of NONCONFORMING advertising 5,679
136
devices for which federal reimbursement is contemplated pursuant 5,681
to subsection (g), 89 Stat. 2700 (1978), 23 U.S.C.A. 131. 5,682
(C) No state, county, MUNICIPAL, or OTHER local zoning 5,684
authority shall be reimbursed by the director for the removal of 5,686
any NONCONFORMING advertising device as provided in this section 5,688
unless the zoning authority, prior to such removal, makes 5,689
application for reimbursement to the director and the director 5,690
approves the application. The application shall include such 5,691
information as the director requires by regulation RULE. 5,692
Sec. 5516.09. UNLESS OTHERWISE PROVIDED BY LAW, BOTH OF 5,694
THE FOLLOWING ARE PROHIBITED: 5,695
(A) THE USE OF THE RIGHT-OF-WAY OF A LIMITED ACCESS 5,697
HIGHWAY FOR CONSTRUCTION, MAINTENANCE, OR COPY CHANGE OF A LAWFUL 5,698
ADVERTISING DEVICE;
(B) THE USE OF THE RIGHT-OF-WAY OF ANY HIGHWAY OTHER THAN 5,700
A LIMITED ACCESS HIGHWAY TO CONSTRUCT, MAINTAIN, OR SERVICE A 5,702
LAWFUL ADVERTISING DEVICE WITHOUT THE WRITTEN PERMISSION OF THE 5,703
APPROPRIATE DISTRICT OFFICE OF THE DEPARTMENT OF TRANSPORTATION. 5,704
Sec. 5516.10. (A) No private off-premise advertising 5,713
device shall be erected or a conforming advertising device 5,714
maintained within the areas covered by divisions (A) and (D) of 5,715
section 5516.02 and divisions (A) and (F) of section 5516.06 of 5,716
the Revised Code without a permit. No nonconforming advertising 5,717
device may be maintained without a permit, except that permits 5,718
shall be issued to maintain nonconforming advertising devices 5,719
subject to the limitations set forth in section 5516.07 of the 5,720
Revised Code. If such a permit has been previously issued by a 5,721
municipal authority, a copy thereof may be furnished to the 5,722
director of transportation in lieu of securing a new permit as 5,723
required by this section PERSON SHALL DO EITHER OF THE FOLLOWING 5,724
WITHOUT FIRST OBTAINING A PERMIT AND PERMIT PLATES FROM THE 5,725
DIRECTOR:
(1) ERECT, USE, MAINTAIN, OPERATE, CONSTRUCT, OR CAUSE OR 5,727
PERMIT TO BE ERECTED, USED, MAINTAINED, OPERATED, OR CONSTRUCTED, 5,728
137
ANY ADVERTISING DEVICE LOCATED IN: 5,729
(a) COMMERCIAL OR INDUSTRIAL ZONES TRAVERSED BY SEGMENTS 5,731
OF THE INTERSTATE SYSTEM WITHIN THE BOUNDARIES OF A MUNICIPAL 5,732
CORPORATION AS SUCH BOUNDARIES EXISTED ON SEPTEMBER 21, 1959; OR 5,733
(b) LOCATED IN ZONED OR UNZONED INDUSTRIAL OR COMMERCIAL 5,735
AREAS ADJACENT TO HIGHWAYS ON THE PRIMARY SYSTEM; OR 5,736
(2) MAINTAIN ANY NONCONFORMING ADVERTISING DEVICE. 5,738
(B) Applications for such permits A PERMIT shall be made 5,740
to the director or, within a municipal corporation, to the 5,741
municipal authority designated by its legislative authority, and 5,742
permits authorized herein shall not unreasonably be withheld, 5,743
provided that no permit for the erection of an advertising device 5,744
under division (A) of section 5516.02 or division (A) of section 5,745
5516.06 of the Revised Code shall be issued by a municipal 5,746
authority without the prior approval of the director. The 5,747
applications and permits shall be on forms designated by the 5,748
director, and a copy of any such permits issued by a municipal 5,749
corporation shall be furnished to the director prior to its 5,750
effective date. The director or municipal authority may make a 5,751
charge for any advertising device permit issued under authority 5,752
of this section, such charge to be based on the reasonable cost 5,753
of administering and processing such permits. However, the 5,754
director may not make a charge for any advertising device permit 5,755
for an advertising device maintained or erected within the areas 5,756
covered by division (A) of section 5516.02 or division (A) of 5,757
section 5516.06 of the Revised Code ON FORMS PRESCRIBED BY THE 5,759
DIRECTOR, AND A SEPARATE APPLICATION MUST BE SUBMITTED FOR EACH 5,760
SIGN FACE. THE DIRECTOR SHALL ADOPT RULES SETTING FORTH THE 5,761
REQUIREMENTS FOR COMPLETION OF THE APPLICATION PROCESS AND THE 5,762
ISSUANCE OF PERMITS CONSISTENT WITH THE PROVISIONS OF THIS 5,763
SECTION.
(1) AS PART OF THE APPLICATION PROCESS, THE DIRECTOR MAY 5,765
REQUIRE AN ACKNOWLEDGMENT TO BE SIGNED BY THE OWNER OR PERSON IN 5,766
LAWFUL POSSESSION OR CONTROL OF THE PROPOSED LOCATION OF THE 5,767
138
ADVERTISING DEVICE. SUCH ACKNOWLEDGMENT MAY INCLUDE, BUT SHALL 5,768
NOT BE LIMITED TO, A STATEMENT THAT THE APPLICANT HAS THE RIGHT 5,769
TO OCCUPY THE LAND AT THE SUBJECT LOCATION, THAT IF AT ANY TIME 5,770
REMOVAL IS REQUIRED, THE OWNER OR PERSON IN LAWFUL POSSESSION OR
CONTROL OF THE LOCATION MAY BE JOINTLY LIABLE, AND THAT THE 5,771
APPLICANT MAY ONLY OCCUPY THE LAND FOR A SPECIFIED TIME PERIOD. 5,772
IF LEGAL USE OF THE LOCATION IS TERMINATED AT ANY TIME DURING THE 5,773
PERMIT PERIOD, THE PERMIT IS SUBJECT TO CANCELLATION PURSUANT TO 5,774
SECTION 5516.12 OF THE REVISED CODE.
(2) AS PART OF THE APPLICATION PROCESS, THE DIRECTOR MAY 5,776
REQUIRE AN APPLICANT OR THE APPLICANT'S AUTHORIZED REPRESENTATIVE 5,777
TO CERTIFY IN A NOTARIZED SIGNED STATEMENT THAT THE APPLICANT HAS 5,778
NOT KNOWINGLY PROVIDED MATERIALLY FALSE, MISLEADING, OR 5,779
INACCURATE INFORMATION. 5,780
(3) EACH APPLICATION SHALL BE ACCOMPANIED BY THE 5,782
APPROPRIATE APPLICATION FEE AS SET FORTH IN THE FEE SCHEDULE 5,783
ESTABLISHED BY THE DIRECTOR. SUCH FEE SCHEDULE SHALL BE BASED ON 5,784
THE REASONABLE COST OF ADMINISTERING AND PROCESSING SUCH PERMITS. 5,785
APPLICATION FEES SHALL BE NONREFUNDABLE.
(4) APPLICATIONS FOR PERMITS WILL BE DISAPPROVED AND 5,787
PERMITS WILL NOT BE ISSUED UNDER ANY OF THE FOLLOWING CONDITIONS: 5,788
(a) THE PROPOSED LOCATION FOR AN ADVERTISING DEVICE IS NOT 5,790
VISIBLE FROM THE MAIN TRAVELED PORTION OF THE HIGHWAY DUE TO 5,791
EXISTING LANDSCAPING ON THE RIGHT-OF-WAY OF ANY HIGHWAY; 5,792
(b) THE ADVERTISING DEVICE CAN ONLY BE ERECTED OR 5,794
MAINTAINED FROM THE RIGHT-OF-WAY OF AN INTERSTATE OR PRIMARY 5,795
HIGHWAY SYSTEM;
(c) THE PROPOSED LOCATION FOR THE ADVERTISING DEVICE IS ON 5,797
LAND THAT IS USED PRINCIPALLY AS A RESIDENCE. 5,798
(C) The issuance of a permit under this section shall not 5,800
be construed to invalidate municipal ordinances requiring a 5,801
permit or license or providing for an inspection fee for 5,802
advertising devices, or regulating such advertising devices. The 5,803
cost of THE APPLICATION FEE FOR SUCH permits or licenses issued, 5,804
139
or THE COST OF INITIAL inspection fees charged under municipal 5,806
ordinances shall be credited against and shall reduce the cost of 5,807
the permit issued BY THE DIRECTOR under this section. IF A
PERMIT IS ISSUED BY A ZONING AUTHORITY PURSUANT TO ITS 5,808
ORDINANCES, RULES, OR REGULATIONS CONTROLLING OUTDOOR ADVERTISING 5,809
DEVICES, A COPY THEREOF SHALL BE FURNISHED TO THE DIRECTOR WITH 5,810
ANY APPLICATION FOR A NEW PERMIT REQUIRED BY THIS SECTION OR 5,812
WITHIN THIRTY DAYS OF ITS ISSUANCE BY A ZONING AUTHORITY.
(D) WHERE AN APPLICATION IS SUBMITTED FOR THE ERECTION, 5,814
USE, MAINTENANCE, OPERATION, OR CONSTRUCTION OF AN ADVERTISING 5,815
DEVICE, THE DIRECTOR MAY CONDITIONALLY APPROVE SUCH APPLICATION 5,816
AS TO LOCATION ONLY, AND FINAL APPROVAL WILL REMAIN PENDING UNTIL 5,817
THE ADVERTISING DEVICE IS ERECTED, USED, MAINTAINED, CONSTRUCTED, 5,818
OR BECOMES OPERATIONAL. UPON NOTIFICATION BY THE PERMIT 5,819
APPLICANT THAT THE ERECTION, USE, MAINTENANCE, CONSTRUCTION, OR
OPERATION OF THE ADVERTISING DEVICE IS COMPLETED, THE DIRECTOR 5,820
SHALL VERIFY THAT THE ADVERTISING DEVICE COMPLIES WITH THE TERMS 5,821
AND CONDITIONS OF THE CONDITIONAL PERMIT. UPON VERIFICATION OF 5,822
COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE CONDITIONAL 5,824
PERMIT, THE DIRECTOR MAY APPROVE AND ISSUE A PERMIT AND PERMIT 5,825
PLATES WHICH SHALL BE SECURELY AND PERMANENTLY ATTACHED IN THE
CORNER OF THE FACE OF THE ADVERTISING DEVICE NEAREST TO THE 5,826
HIGHWAY IN SUCH A MANNER AS TO BE VISIBLE FROM THE MAIN TRAVELED 5,827
WAY OF THE INTERSTATE OR PRIMARY HIGHWAY SYSTEM. REPLACEMENT 5,828
PLATES MAY BE ISSUED UPON REQUEST AND UPON THE PAYMENT OF A 5,829
REPLACEMENT FEE TO BE DETERMINED BY THE DIRECTOR.
(E) ALL PERMITS ISSUED PURSUANT TO THIS SECTION SHALL BE 5,831
IN EFFECT FOR A PERIOD OF ONE YEAR. PERMITS MAY BE RENEWED UPON 5,832
APPLICATION MADE ON FORMS DESIGNATED BY THE DIRECTOR AND UPON THE 5,833
PAYMENT OF A NONREFUNDABLE RENEWAL FEE IN AN AMOUNT TO BE 5,834
DETERMINED BY THE DIRECTOR BASED ON THE REASONABLE COST OF 5,835
ADMINISTERING AND PROCESSING SUCH RENEWAL PERMITS. ANY PERMITS 5,836
THAT ARE NOT RENEWED, AND ANY PERMIT PLATES ISSUED IN CONNECTION
WITH SUCH PERMITS, SHALL BE RETURNED TO THE DIRECTOR FOR 5,837
140
CANCELLATION BY THE EXPIRATION DATE. THE DIRECTOR MAY ADOPT 5,838
RULES FOR THE REINSTATEMENT OF PERMITS CANCELED AS A RESULT OF 5,839
NONPAYMENT OF RENEWAL FEES, AND SHALL DEVELOP A FEE SCHEDULE FOR 5,840
LATE RENEWALS.
(F) WHERE THE DIRECTOR CONDITIONALLY APPROVES THE ISSUANCE 5,842
OF A PERMIT AS TO LOCATION ONLY AND THE PERMIT APPLICANT FAILS TO 5,843
EXERCISE THE PRIVILEGE OF CONSTRUCTING, ERECTING, USING, 5,844
OPERATING, OR MAINTAINING AN ADVERTISING DEVICE WITHIN THE PERIOD 5,845
FOR WHICH THE PERMIT WAS ISSUED, SUCH PERMIT SHALL NOT BE RENEWED 5,846
UNLESS A RENEWAL FEE IS PAID TO EXTEND THE PRIVILEGE FOR ONE 5,847
ADDITIONAL PERMIT PERIOD. NO CONDITIONAL PERMIT SHALL BE RENEWED 5,848
AND NO EXTENSIONS SHALL BE GRANTED AFTER THE SECOND RENEWAL 5,849
PERIOD.
(G) PERMITS FOR ADVERTISING DEVICES ERECTED AND MAINTAINED 5,851
WITH A VALID PERMIT ISSUED BEFORE JULY 1, 1997, MAY BE RENEWED 5,852
UNLESS THE DIRECTOR FINDS THAT THE PERMIT APPLICATION CONTAINS 5,853
MATERIALLY FALSE, MISLEADING, OR INACCURATE INFORMATION OR THE 5,854
SIGN HAS BEEN ERECTED OR MAINTAINED CONTRARY TO THE PROVISIONS OF 5,855
THIS CHAPTER OR THE RULES ADOPTED THEREUNDER, AND IN SUCH EVENT 5,856
THE DIRECTOR MAY TAKE APPROPRIATE ACTION PURSUANT TO SECTION 5,857
5516.12 OF THE REVISED CODE. AN APPLICANT WHO HAS A CONDITIONAL
PERMIT ISSUED BY THE DIRECTOR BEFORE THE EFFECTIVE DATE OF THIS 5,858
AMENDMENT AND WHO HAS NOT YET EXERCISED THE PRIVILEGE OF 5,860
CONSTRUCTING, USING, OPERATING, ERECTING, OR MAINTAINING AN 5,861
ADVERTISING DEVICE AT THE PROPOSED LOCATION AS OF THAT EFFECTIVE 5,862
DATE, SHALL HAVE UNTIL DECEMBER 31, 1997, TO COMPLY WITH THE 5,863
TERMS AND CONDITIONS OF THE CONDITIONAL PERMIT OR SUCH PERMIT 5,864
SHALL BE CANCELED. HOWEVER, THE APPLICANT MAY REQUEST THAT THE 5,866
CONDITIONAL PERMIT BE RENEWED BY SUBMITTING A RENEWAL APPLICATION
AND PAYING A NONREFUNDABLE RENEWAL FEE TO EXTEND THE PRIVILEGE 5,867
FOR ONE ADDITIONAL PERMIT PERIOD. 5,868
(H) PERMITS MAY BE TRANSFERRED FROM ONE SIGN OWNER TO 5,870
ANOTHER UPON WRITTEN ACKNOWLEDGMENT FROM THE CURRENT PERMITTEE 5,871
AND THE PAYMENT OF A TRANSFER FEE IN AN AMOUNT TO BE DETERMINED 5,872
141
BY THE DIRECTOR FOR EACH PERMIT TO BE TRANSFERRED. THE NEW 5,873
PERMIT HOLDER IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF THE 5,874
PRIOR PERMIT HOLDER AND SHALL BE SUBJECT TO ALL PROVISIONS OF 5,875
THIS CHAPTER AND THE RULES ADOPTED THEREUNDER.
Sec. 5516.11. THIS CHAPTER DOES NOT AFFECT THE AUTHORITY 5,884
OF A STATE, COUNTY, MUNICIPAL, OR OTHER LOCAL ZONING AUTHORITY TO 5,886
ZONE AREAS FOR COMMERCIAL OR INDUSTRIAL PURPOSES UNDER ITS
RESPECTIVE ZONING LAWS. Whenever a state, county, MUNICIPAL, or 5,888
OTHER local zoning authority has ADOPTED COMPREHENSIVE ZONING AND 5,889
established RULES AND regulations that control CONTROLLING the 5,890
size, lighting, and spacing of outdoor advertising devices, THAT 5,891
are EQUIVALENT TO AND consistent with the intent of this act, and 5,892
are part of a bona fide commercial and industrial zoning plan 5,893
CHAPTER, such RULES AND regulations will be accepted in lieu of 5,894
the controls provided in division (D) of section 5516.02 and in 5,895
sections 5516.06 and 5516.09 SECTION 5516.061 of the Revised Code 5,897
in the zoned commercial and industrial areas ZONES within the 5,898
geographical jurisdiction of such authority.
Whenever a zoning authority establishes such NEW 5,900
COMPREHENSIVE ZONING RULES OR regulations, a copy thereof shall 5,902
be furnished to the director of transportation within thirty days 5,903
after its passage.
Chapter 5516. of the Revised Code shall not be construed to 5,905
allow the erection of an advertising device in an area zoned BY 5,906
STATE, COUNTY, MUNICIPAL, OR OTHER LOCAL AUTHORITIES to exclude 5,907
such devices.
Sec. 5516.12. Any advertising device that violates 5,917
sections 5516.06 to 5516.13 of the Revised Code is a public and 5,918
private nuisance and the THE director of transportation MAY 5,919
DISAPPROVE, CANCEL, OR REVOKE ANY PERMIT REQUESTED OR ISSUED 5,920
UNDER THIS CHAPTER IF THE DIRECTOR DETERMINES ANY OF THE 5,921
FOLLOWING:
(A) THAT THE APPLICATION FOR THE PERMIT CONTAINS 5,923
MATERIALLY FALSE, MISLEADING, OR INACCURATE INFORMATION; 5,924
142
(B) AN ADVERTISING DEVICE HAS BEEN ERECTED OR MAINTAINED 5,926
CONTRARY TO THE TERMS AND CONDITIONS OF THE PERMIT; 5,927
(C) THE REQUIRED FEE HAS NOT BEEN PAID; 5,929
(D) THAT THE LOCATION DOES NOT CONFORM TO THE LAWS AND 5,931
RULES OF THE STATE; 5,932
(E) THAT ANY OTHER PROVISIONS OF THIS CHAPTER OR THE RULES 5,934
ADOPTED THEREUNDER HAVE BEEN VIOLATED. 5,935
THE DIRECTOR shall give thirty days' notice, by certified 5,938
mail, to the owner or lessee of the land on which such 5,939
advertising device is located and to the owner of such 5,940
advertising device, if known, to remove such advertising device, 5,941
or to cause it to conform to the requirements of this chapter. 5,942
If the owner of such advertising device is unknown, the director 5,943
shall make a reasonable attempt to ascertain the identity of such 5,944
owner.
If any such advertising device has not been removed or 5,946
caused to be conformed on or before the expiration of thirty days 5,947
following the receipt of said notice by the owner or lessee of 5,948
the land upon which the advertising device is located and the 5,949
owner of the advertising device, if known, the director, or any 5,950
of his duly authorized agents, may, at his discretion, either: 5,952
(A) Remove, obliterate, or abate the advertising device. 5,954
The cost or expense of such removal, obliteration, or abatement 5,955
shall be paid by the director out of any appropriation of the 5,956
department of transportation available for the establishment, 5,957
using, maintaining, or repairing of highways and the amount 5,958
thereof shall be certified to the attorney general for collection 5,959
by civil action against the person maintaining or erecting such 5,960
advertising device. 5,961
(B) File a complaint by petition in the court of common 5,963
pleas of the county in which such advertising device is located, 5,964
and, upon a finding by the court that a violation of sections 5,965
5516.06 to 5516.13 of the Revised Code, exists as alleged in the 5,966
petition, the court shall enter an order of abatement against the 5,967
143
person erecting or maintaining such advertising device, or 5,968
against the owner of the land upon which such advertising device 5,969
is situated. 5,970
SUCH NOTICE MAY SPECIFY ANY REMEDIAL ACTION THAT IS 5,972
REQUIRED TO CORRECT ANY FALSE OR MISLEADING INFORMATION OR OTHER 5,973
VIOLATION OF THIS CHAPTER AND ADVISE THAT FAILURE TO TAKE THE 5,974
REMEDIAL ACTION WITHIN THIRTY DAYS MAY RESULT IN DENIAL, 5,975
CANCELLATION, OR REVOCATION OF THE PERMIT AND REMOVAL OF THE
ADVERTISING DEVICE. THE WRITTEN NOTICE SHALL FURTHER STATE THAT 5,976
THE APPLICANT, OR OWNER OF THE ADVERTISING DEVICE, OR THE OWNER 5,977
OR LESSEE OF THE LAND ON WHICH THE ADVERTISING DEVICE IS LOCATED, 5,978
HAS A RIGHT TO AN ADJUDICATION HEARING PURSUANT TO SECTION 119.06 5,979
OF THE REVISED CODE, WHICH REQUEST MUST BE FILED WITH THE 5,980
DIRECTOR WITHIN THIRTY DAYS AFTER THE RECEIPT OF THE WRITTEN
NOTICE. IF A HEARING IS REQUESTED, IT SHALL BE CONDUCTED IN 5,981
ACCORDANCE WITH THE PROVISIONS OF SECTIONS 119.01 TO 119.13 OF 5,982
THE REVISED CODE AND ANY RULES ADOPTED BY THE DIRECTOR 5,983
ESTABLISHING PROCEDURES FOR SUCH HEARINGS.
UPON THE EXPIRATION OF THE THIRTY DAYS' NOTICE, IF NO 5,985
REQUEST FOR AN ADJUDICATION HEARING HAS BEEN FILED WITH THE 5,986
DIRECTOR, THE DIRECTOR MAY DECLARE THE ADVERTISING DEVICE TO BE A 5,987
PUBLIC AND PRIVATE NUISANCE AND ORDER ITS REMOVAL. REMOVAL OF 5,988
THE ADVERTISING DEVICE SHALL PROCEED IN ACCORDANCE WITH DIVISIONS 5,989
(B) AND (C) OF SECTION 5516.04 OF THE REVISED CODE.
Sec. 5516.13. The director of transportation shall 5,999
exercise the powers and perform the duties delegated to him THE 6,000
DIRECTOR by sections 5516.06 5516.02 to 5516.13 5516.14 of the 6,003
Revised Code, in accordance with sections 119.01 to 119.04 RULES
THE DIRECTOR SHALL ADOPT UNDER CHAPTER 119. of the Revised Code. 6,005
Any person adversely affected by such an exercise of powers 6,007
or the performance of duties so delegated to the director has the 6,008
right of appeal provided in section 119.11 of the Revised Code. 6,009
Sec. 5516.14. THE DIRECTOR MAY ISSUE A PERMIT TO ANY SIGN 6,011
OWNER WHO HAS A LAWFUL PERMIT ISSUED PURSUANT TO SECTION 5516.10 6,012
144
OF THE REVISED CODE TO REMOVE, CUT, AND TRIM VEGETATION LOCATED 6,013
ON THE RIGHT-OF-WAY OF ANY HIGHWAY OF THE INTERSTATE OR PRIMARY 6,014
SYSTEM ADJACENT TO THE PERMITTED ADVERTISING DEVICE AND REPLACE 6,015
THE SAME AS DIRECTED, WHENEVER SUCH VEGETATION PREVENTS CLEAR 6,016
VISIBILITY FROM THE MAIN TRAVELED WAY OF SUCH HIGHWAY. THE 6,017
DIRECTOR SHALL ADOPT RULES FOR THE ENFORCEMENT OF THIS SECTION. 6,018
THE RULES MAY INCLUDE REQUIREMENTS FOR APPROPRIATE VEHICLE 6,020
IDENTIFICATION SIGNAGE, APPROPRIATE BOND OR INSURANCE, DISTANCE 6,021
LIMITS, AND ANY OTHER CONDITIONS AS MAY BE REQUIRED BY THE 6,022
DIRECTOR.
AN APPLICATION FOR A VEGETATION PERMIT SHALL BE MADE ON 6,024
FORMS DESIGNATED BY THE DIRECTOR AND A SEPARATE APPLICATION MUST 6,025
BE SUBMITTED FOR EACH SIGN FACE. EACH APPLICATION SHALL BE 6,026
ACCOMPANIED BY A NONREFUNDABLE APPLICATION FEE IN AN AMOUNT TO BE 6,027
DETERMINED BY THE DIRECTOR. PERMITS ISSUED HEREUNDER SHALL RUN
FOR A PERIOD OF ONE YEAR AND MAY BE RENEWED UPON APPLICATION MADE 6,028
UPON FORMS PRESCRIBED BY THE DIRECTOR AND UPON THE PAYMENT OF A 6,029
NONREFUNDABLE RENEWAL FEE IN AN AMOUNT TO BE DETERMINED BY THE 6,030
DIRECTOR. ANY PERMITS THAT ARE NOT RENEWED SHALL BE RETURNED TO 6,031
THE DIRECTOR FOR CANCELLATION BY THE EXPIRATION DATE. 6,032
THE DIRECTOR MAY MODIFY ANY VEGETATION PERMIT AS IS 6,034
CONSIDERED NECESSARY FOR THE SAFETY OF THE TRAVELING PUBLIC. THE 6,035
DIRECTOR MAY REVOKE, CANCEL, OR DISAPPROVE A PERMIT OR AN 6,036
APPLICATION PURSUANT TO SECTION 5516.12 OF THE REVISED CODE FOR
ANY VIOLATION OF THIS SECTION OR THE RULES ADOPTED THEREUNDER. 6,037
Sec. 5516.99. Whoever erects or maintains an advertising 6,046
device in violation of sections 5516.01 to 5516.13, inclusive, 6,047
5516.14 of the Revised Code, OR RULES ADOPTED THEREUNDER, shall 6,048
be fined not less than one hundred nor more than one FIVE 6,049
thousand dollars. 6,050
Sec. 5525.03. All prospective bidders other than 6,060
environmental remediators and specialty contractors for which 6,061
there are no classes of work provided for in the rules adopted by 6,062
the director of transportation shall apply for qualification on 6,063
145
forms prescribed and furnished by the director. The application 6,064
shall be accompanied by a certificate of compliance with 6,065
affirmative action programs issued pursuant to section 9.47 of 6,066
the Revised Code and dated no earlier than one hundred eighty 6,067
days prior to the date fixed for the opening of bids for a 6,068
particular project. The director shall act upon an application 6,069
for qualification within thirty days after it is presented to the 6,071
director. Upon the receipt of any application for qualification, 6,072
the director shall examine the application to determine whether 6,073
the applicant is competent and responsible and possesses the 6,074
financial resources required by section 5525.04 of the Revised 6,075
Code. If the applicant is found to possess the qualifications
prescribed by sections 5525.02 to 5525.09 of the Revised Code and 6,076
by rules adopted by the director, including a certificate of 6,077
compliance with affirmative action programs, a certificate of 6,078
qualification shall be issued to the applicant, which shall be 6,080
valid for the period of one year or such shorter period of time
as the director prescribes, unless revoked by the director for 6,081
cause as defined by rules adopted by the director under section 6,082
5525.05 of the Revised Code. The certificate of qualification 6,083
shall contain a statement fixing the aggregate amount of work, 6,084
for any or all owners, that the applicant may have under 6,085
construction and uncompleted at any one time and may contain a 6,086
statement limiting such bidder to the submission of bids upon a 6,087
certain class of work. Subject to any restriction as to amount 6,088
or class of work therein contained, the certificate of 6,089
qualification shall authorize its holder to bid on all work on 6,090
which bids are taken by the department of transportation during 6,091
the period of time therein specified. An applicant who has 6,092
received a certificate of qualification and desires to amend the 6,093
certificate by the dollar amount or by the classes of work may 6,094
submit to the director such documentation as the director 6,095
considers appropriate. The director shall review the 6,096
documentation submitted by the applicant and, within fifteen 6,097
146
days, shall either amend the certificate of qualification or deny 6,098
the request. If the director denies the request to amend the 6,099
certificate, the applicant may appeal that decision to the 6,100
director's prequalification review board in accordance with 6,101
section 5525.07 of the Revised Code. Two or more persons, 6,103
partnerships, or corporations may bid jointly on any one project, 6,104
but only on condition that prior to the time bids are taken on 6,105
the project the bidders make a joint application for 6,106
qualification and obtain a joint certificate qualification. 6,107
A certificate of qualification may be revoked by the 6,109
director only after notice to the qualified bidder and an 6,110
opportunity to be heard, which notice and hearing shall be in 6,111
accordance with Chapter 119. of the Revised Code. The notice 6,112
shall be in writing and state the grounds of the proposed 6,113
revocation. An qualified bidder, aggrieved by the decision of 6,114
the director upon the matter of revoking the bidder's 6,115
certificate, may appeal from that decision in the manner provided 6,116
by Chapter 119. of the Revised Code. 6,117
The director may debar from participating in future 6,119
contracts with the department any bidding company as well as any 6,120
partner of a partnership, or the officers and directors of an 6,121
association or corporation if the certificate of qualification of 6,122
the company, partnership, association, or corporation is revoked 6,123
or not renewed by the director. When the director reasonably 6,126
believes that grounds for REVOCATION AND debarment exist, the 6,127
director shall send the bidding company and any individual 6,128
involved a notice of proposed REVOCATION AND debarment indicating 6,130
the grounds for debarment SUCH ACTION as established in rules 6,131
adopted by the director under section 5525.05 of the Revised Code 6,132
and the procedure for requesting a hearing. The notice and 6,134
hearing shall be in accordance with Chapter 119. of the Revised 6,136
Code. If the bidding company or individual does not respond with 6,137
a request for a hearing in the manner specified in Chapter 119. 6,138
of the Revised Code, the director shall REVOKE THE CERTIFICATE 6,140
147
AND issue the debarment decision without a hearing and shall 6,141
notify the bidding company or individual of the decision by 6,142
certified mail, return receipt requested. The debarment period 6,144
may be of any length determined by the director and the director 6,145
may modify or rescind the debarment at any time. During the 6,146
period of debarment, the director shall not issue a certificate 6,147
of qualification for any company, partnership, association, or 6,148
corporation affiliated with a debarred individual. After the 6,149
debarment period expires, the bidding company or individual, and 6,150
any partnership, association, or corporation affiliated with the 6,151
individual may make an application for qualification.
Sec. 5525.07. All applicants for qualification shall be 6,160
promptly notified by the director of transportation of the 6,161
director's final action on their applications. Any applicant, 6,162
OTHER THAN ONE WHO HAS BEEN DEBARRED, aggrieved by the decision 6,164
of the director may file a new application at any time for 6,165
qualification or, within ten days after receiving notification of 6,166
such decision, the applicant may request, in writing, a 6,167
reconsideration of the application by a prequalification review 6,168
board, which the director shall create within the department of 6,169
transportation with the request for reconsideration, the 6,170
applicant shall submit additional evidence bearing on the 6,171
applicant's qualifications. The review board shall consider the 6,172
matter and either may adhere to or modify the director's previous 6,174
decision. The review board shall act upon any request for 6,176
reconsideration within fifteen days after the hearing and shall 6,177
notify the applicant of the action taken. Upon being notified of 6,179
the final action of the review board upon reconsideration, any 6,180
applicant that is still aggrieved by the decision, within ten 6,182
days after receiving notification of the decision, may take an 6,183
appeal therefrom to the court of common pleas of Franklin county. 6,185
The appeal shall be perfected by the filing of a bond with the 6,187
clerk of the court of common pleas in an amount determined by the 6,188
clerk, conditioned for payment by the appellant of the costs of 6,190
148
the appeal in case the decision of the review board is sustained, 6,191
and by causing a summons to be served upon the review board as in 6,192
other civil actions involving the department. The grounds of 6,193
appeal shall be fraud or abuse of discretion by the review board. 6,195
The court shall hear the evidence offered by the appellant and by
the review board, and if it finds there was neither fraud nor 6,197
abuse of discretion, it shall dismiss the appeal; otherwise it 6,198
may make the order with respect to qualification which it finds 6,199
should have been made by the review board. 6,200
Sec. 5529.03. The director of transportation may acquire 6,209
by gift, purchase, or appropriation, any interest, estate, or 6,210
right in and to real property adjacent to highways of this state 6,211
as necessary for the restoration, preservation, and enhancement 6,212
of scenic beauty adjacent to said highways, or for the 6,213
establishment of publicly owned and controlled rest and 6,214
recreation areas and sanitary and other facilities within or 6,215
adjacent to the right-of-way of said highways to accommodate the 6,216
traveling public. Nothing in this section authorizes the 6,217
director to appropriate fee simple title to real property further 6,218
than three hundred feet from the nearest edge of the highway 6,219
right-of-way. 6,220
The director may convey or lease any such property adjacent 6,222
to the highway right-of-way back to its original owner or to 6,223
another ANY person or entity in the manner and subject to such 6,224
reservations, conditions, covenants, or other contractual 6,225
arrangements as THE DIRECTOR DETERMINES will preserve NOT 6,226
SUBSTANTIALLY INTERFERE WITH the scenic character or beauty of 6,227
the area traversed by the highway. 6,228
The director may employ consulting engineers and enter into 6,230
contracts for consulting engineering services with any qualified 6,231
person, firm, partnership, corporation, or association to prepare 6,232
plans and estimates and generally supervise the construction and 6,233
landscaping for scenic enhancement and roadside beautification 6,234
projects, and in the awarding of such contracts compliance with 6,235
149
sections 5501.17 and 5525.01 of the Revised Code is not required. 6,236
Sec. 5531.09. (A) The state infrastructure bank shall 6,245
consist of the highway and transit infrastructure bank fund, the 6,246
aviation infrastructure bank fund, the rail infrastructure bank 6,247
fund, and the infrastructure bank obligations fund, which are 6,248
hereby created as funds of the state treasury, to be administered 6,250
by the director of transportation and used for the purposes 6,251
described in division (B) of this section. The highway and 6,252
transit infrastructure bank fund, the aviation infrastructure 6,253
bank fund, and the rail infrastructure bank fund shall consist of 6,254
federal grants and awards or other assistance received by the 6,255
state and eligible for deposit therein under applicable federal 6,256
law, payments received by the department in connection with 6,257
providing financial assistance for qualifying projects under 6,258
division (B) of this section, and such other amounts as may be 6,259
provided by law, the. THE infrastructure bank obligations fund 6,260
shall consist of such amounts of the proceeds of obligations 6,262
issued under section 5531.10 of the Revised Code as the director 6,264
of transportation determines with the advice of the director of 6,265
budget and management; and such other amounts as may be provided 6,267
by law. The director of budget and management may, upon the 6,268
request of the director of transportation, MAY transfer amounts 6,269
between the funds created in this division, except the 6,271
infrastructure bank obligations fund. The investment earnings of 6,272
each fund created by this division shall be credited to such 6,273
fund.
(B) The director of transportation shall use the state 6,276
infrastructure bank to encourage public and private investment in 6,277
transportation facilities that contribute to the multi-modal and 6,278
intermodal transportation capabilities of the state, develop a 6,279
variety of financing techniques designed to expand the 6,280
availability of funding resources and to reduce direct state 6,281
costs, maximize private and local participation in financing 6,282
projects, and improve the efficiency of the state transportation 6,283
150
system by using and developing the particular advantages of each 6,284
transportation mode to the fullest extent. In furtherance of 6,285
these purposes, the director shall use the state infrastructure 6,286
bank to provide financial assistance to public or private 6,287
entities for qualified projects. Such assistance shall be in the 6,288
form of loans, loan guarantees, letters of credit, leases, 6,289
lease-purchase agreements, interest rate subsidies, debt service 6,291
reserves, and such other forms as the director determines to be 6,292
appropriate. All fees, charges, rates of interest, payment 6,293
schedules, security for, and other terms and conditions relating 6,294
to such assistance shall be determined by the director. The 6,295
highway and transit infrastructure bank fund, the aviation 6,296
infrastructure bank fund, and the rail infrastructure bank fund 6,297
may be used to pay debt service on obligations whose proceeds 6,298
have been deposited into the infrastructure bank obligations
fund.
(C) The director shall adopt rules establishing guidelines 6,301
necessary for the implementation and exercise of the authority 6,302
granted by this section, including rules for receiving, 6,303
reviewing, evaluating, and selecting projects for which financial 6,304
assistance may be approved. 6,305
(D) As used in this section and in section 5531.10 of the 6,308
Revised Code, "qualified project" means any public or private 6,310
transportation project as determined by the director of 6,311
transportation, including, without limitation, planning, 6,312
environmental impact studies, engineering, construction, 6,313
reconstruction, resurfacing, restoring, rehabilitation, or 6,315
replacement of public or private transportation facilities within 6,316
the state, studying the feasibility thereof, and the acquisition 6,317
of real or personal property or interests therein; any highway, 6,318
public transit, aviation, rail, or other transportation project 6,320
eligible for financing or aid under any federal or state program; 6,321
and any project involving the maintaining, repairing, improving, 6,322
or construction of any public or private highway, road, street, 6,323
151
parkway, public transit, aviation, or rail project, and any 6,325
related rights-of-way, bridges, tunnels, railroad-highway 6,326
crossings, drainage structures, signs, guardrails, or protective 6,327
structures.
(E) The general assembly finds that state infrastructure 6,329
projects, as defined in division (A)(8) of section 5531.10 of the 6,330
Revised Code, and the state infrastructure bank, will materially 6,331
contribute to the economic revitalization of areas of the state 6,332
and result in improving the economic welfare of all the people of 6,333
the state. Accordingly, it is declared to be the public purpose 6,334
of the state, through operations under sections 5531.09 and
5531.10 of the Revised Code, and other applicable laws adopted 6,335
pursuant to Section 13 of Article VIII, Ohio Constitution, and 6,336
other authority vested in the general assembly, to assist in and 6,337
facilitate the purposes set forth in division (B) of section 6,338
5531.10 of the Revised Code, and to assist and cooperate with any 6,339
governmental agency in achieving such purpose. 6,340
Sec. 5531.10. (A) As used in this chapter: 6,349
(1) "Bond proceedings" means the resolution, order, trust 6,351
agreement, indenture, lease, lease-purchase AGREEMENTS, and other 6,352
agreements, amendments and supplements to the foregoing, or any 6,354
one or more or combination thereof, authorizing or providing for 6,355
the terms and conditions applicable to, or providing for the 6,356
security or liquidity of, obligations issued pursuant to this 6,357
section, and the provisions contained in such obligations. 6,358
(2) "Bond service charges" means principal, including 6,360
mandatory sinking fund requirements for retirement of 6,361
obligations, and interest, and redemption premium, if any, 6,362
required to be paid by the state on obligations. 6,363
(3) "Bond service fund" means the applicable fund and 6,365
accounts therein created for and pledged to the payment of bond 6,366
service charges, which may be, or may be part of, the state 6,367
infrastructure bank revenue bond service fund created by division 6,368
(S) of this section including all moneys and investments, and 6,369
152
earnings from investments, credited and to be credited thereto. 6,370
(4) "Issuing authority" means the treasurer of state, or 6,372
the officer who by law performs the functions of the treasurer of 6,373
state.
(5) "Obligations" means bonds, notes, or other evidence of 6,375
obligation including interest coupons pertaining thereto, issued 6,376
pursuant to this section. 6,377
(6) "Pledged receipts" means moneys accruing to the state 6,380
from the lease, lease-purchase, sale, or other disposition, or 6,381
use, of qualified projects, and from the repayment, including 6,382
interest, of loans made from proceeds received from the sale of 6,383
obligations; accrued interest received from the sale of 6,384
obligations; income from the investment of the special funds; any 6,386
gifts, grants, donations, and pledges, and receipts therefrom, 6,387
available for the payment of bond service charges; and any
amounts in the state infrastructure bank pledged to the payment 6,388
of such charges.
(7) "Special funds" or "funds" means, except where the 6,390
context does not permit, the bond service fund, and any other 6,391
funds, including reserve funds, created under the bond 6,392
proceedings, and the state infrastructure bank revenue bond 6,393
service fund created by division (S)(R) of this section to the 6,394
extent provided in the bond proceedings, including all moneys and 6,395
investments, and earnings from investment, credited and to be 6,396
credited thereto.
(8) "STATE INFRASTRUCTURE PROJECT" MEANS ANY PUBLIC 6,398
TRANSPORTATION PROJECT UNDERTAKEN BY THE STATE, INCLUDING, BUT 6,399
NOT LIMITED TO, ALL COMPONENTS OF ANY SUCH PROJECT, AS DESCRIBED 6,400
IN DIVISION (D) OF SECTION 5531.09 OF THE REVISED CODE. 6,401
(B) The issuing authority, with the advice of AFTER GIVING 6,403
WRITTEN NOTICE TO the director of budget and management and upon 6,404
the certification by the director of transportation to the 6,405
issuing authority of the amount of moneys or additional moneys 6,406
needed EITHER FOR STATE INFRASTRUCTURE PROJECTS OR to provide 6,407
153
financial assistance for any of the purposes for which the state 6,408
infrastructure bank may be used under section 5531.09 of the 6,409
Revised Code, or needed for capitalized interest, funding 6,411
reserves, and paying costs and expenses incurred in connection 6,412
with the issuance, carrying, securing, paying, redeeming, or 6,413
retirement of the obligations or any obligations refunded 6,414
thereby, including payment of costs and expenses relating to 6,415
letters of credit, lines of credit, insurance, put agreements, 6,416
standby purchase agreements, indexing, marketing, remarketing and 6,417
administrative arrangements, interest swap or hedging agreements, 6,418
and any other credit enhancement, liquidity, remarketing, 6,419
renewal, or refunding arrangements, all of which are authorized 6,420
by this section, shall issue obligations of the state under this 6,421
section in the required amount. The proceeds of such 6,422
obligations, except for the portion to be deposited in special 6,423
funds, including reserve funds, as may be provided in the bond 6,424
proceedings, shall as provided in the bond proceedings be 6,425
credited to the INFRASTRUCTURE BANK OBLIGATIONS FUND OF THE state 6,426
infrastructure bank created by section 5531.09 of the Revised 6,428
Code. The issuing authority may appoint trustees, paying agents, 6,429
transfer agents, and authenticating agents, and may retain the 6,430
services of financial advisors, accounting experts, and 6,431
attorneys, and retain or contract for the services of marketing, 6,432
remarketing, indexing, and administrative agents, other 6,433
consultants, and independent contractors, including printing 6,434
services, as are necessary in the issuing authority's judgment to 6,435
carry out this section. The costs of such services are payable 6,436
from FUNDS OF the state infrastructure bank. 6,437
(C) The holders or owners of such obligations shall have 6,439
no right to have moneys raised by taxation by the state of Ohio 6,441
obligated or pledged, and moneys so raised shall not be obligated 6,442
or pledged, for the payment of bond service charges. The right 6,443
of such holders and owners to payment of bond service charges is 6,444
limited to all or that portion of the pledged receipts and those 6,445
154
special funds pledged thereto pursuant to the bond proceedings 6,446
for such obligations in accordance with this section, and each 6,448
such obligation shall bear on its face a statement to that 6,449
effect.
(D) Obligations shall be authorized by order of the 6,452
issuing authority and the bond proceedings shall provide for the 6,453
purpose thereof and the principal amount or amounts, and shall 6,454
provide for or authorize the manner or agency for determining the 6,455
principal maturity or maturities, not exceeding twenty-five years 6,456
from the date of issuance, the interest rate or rates or the 6,457
maximum interest rate, the date of the obligations and the dates 6,458
of payment of interest thereon, their denomination, and the 6,459
establishment within or without the state of a place or places of 6,460
payment of bond service charges. Sections 9.98 to 9.983 of the 6,461
Revised Code are applicable to obligations issued under this 6,462
section. The purpose of such obligations may be stated in the 6,463
bond proceedings in terms describing the general purpose or 6,464
purposes to be served. The bond proceedings also shall provide, 6,465
subject to the provisions of any other applicable bond 6,466
proceedings, for the pledge of all, or such part as the issuing 6,467
authority, with the advice of the director of budget and 6,468
management and the director of transportation, may determine, of 6,469
the pledged receipts and the applicable special fund or funds to 6,470
the payment of bond service charges, which pledges may be made 6,471
either prior or subordinate to other expenses, claims, or 6,472
payments, and may be made to secure the obligations on a parity 6,473
with obligations theretofore or thereafter issued, if and to the 6,474
extent provided in the bond proceedings. The pledged receipts 6,475
and special funds so pledged and thereafter received by the state 6,476
are immediately subject to the lien of such pledge without any 6,477
physical delivery thereof or further act, and the lien of any 6,478
such pledges is valid and binding against all parties having 6,479
claims of any kind against the state or any governmental agency 6,480
of the state, irrespective of whether such parties have notice 6,481
155
thereof, and shall create a perfected security interest for all 6,482
purposes of Chapter 1309. of the Revised Code, without the
necessity for separation or delivery of funds or for the filing 6,483
or recording of the bond proceedings by which such pledge is 6,484
created or any certificate, statement or other document with 6,485
respect thereto; and the pledge of such pledged receipts and 6,486
special funds is effective and the money therefrom and thereof 6,487
may be applied to the purposes for which pledged without 6,488
necessity for any act of appropriation. Every pledge, and every 6,489
covenant and agreement made with respect thereto, made in the 6,490
bond proceedings may therein be extended to the benefit of the 6,491
owners and holders of obligations authorized by this section, and 6,492
to any trustee therefor, for the further security of the payment 6,493
of the bond service charges.
(E) The bond proceedings may contain additional provisions 6,495
as to: 6,496
(1) The redemption of obligations prior to maturity at the 6,498
option of the issuing authority at such price or prices and under 6,499
such terms and conditions as are provided in the bond 6,500
proceedings; 6,501
(2) Other terms of the obligations; 6,503
(3) Limitations on the issuance of additional obligations; 6,505
(4) The terms of any trust agreement or indenture securing 6,507
the obligations or under which the same may be issued; 6,508
(5) The deposit, investment and application of special 6,510
funds, and the safeguarding of moneys on hand or on deposit, 6,511
without regard to Chapter 131. or 135. of the Revised Code, but 6,512
subject to any special provisions of this chapter SECTION with 6,513
respect to particular funds or moneys, provided that any bank or 6,515
trust company which acts as depository of any moneys in the 6,516
special funds may furnish such indemnifying bonds or may pledge 6,517
such securities as required by the issuing authority; 6,518
(6) Any or every provision of the bond proceedings being 6,520
binding upon such officer, board, commission, authority, agency, 6,521
156
department, or other person or body as may from time to time have 6,522
the authority under law to take such actions as may be necessary 6,523
to perform all or any part of the duty required by such 6,524
provision; 6,525
(7) Any provision that may be made in a trust agreement or 6,527
indenture; 6,528
(8) Any other or additional agreements with the holders of 6,530
the obligations, or the trustee therefor, relating to the 6,531
obligations or the security therefor, including the assignment of 6,532
mortgages or other security relating to financial assistance for 6,534
qualified projects under section 5531.09 of the Revised Code. 6,535
(F) The obligations may have the great seal of the state 6,537
or a facsimile thereof affixed thereto or printed thereon. The 6,538
obligations and any coupons pertaining to obligations shall be 6,539
signed or bear the facsimile signature of the issuing authority. 6,540
Any obligations or coupons may be executed by the person who, on 6,541
the date of execution, is the proper issuing authority although 6,542
on the date of such bonds or coupons such person was not the 6,543
issuing authority. In case the issuing authority whose signature 6,544
or a facsimile of whose signature appears on any such obligation 6,545
or coupon ceases to be the issuing authority before delivery 6,546
thereof, such signature or facsimile is nevertheless valid and 6,547
sufficient for all purposes as if the former issuing authority 6,549
had remained the issuing authority until such delivery; and in 6,550
case the seal to be affixed to obligations has been changed after 6,551
a facsimile of the seal has been imprinted on such obligations, 6,552
such facsimile seal shall continue to be sufficient as to such 6,553
obligations and obligations issued in substitution or exchange 6,554
therefor.
(G) All obligations are negotiable instruments and 6,556
securities under Chapter 1308. of the Revised Code, subject to 6,557
the provisions of the bond proceedings as to registration. The 6,558
obligations may be issued in coupon or in registered form, or 6,559
both, as the issuing authority determines. Provision may be made 6,560
157
for the registration of any obligations with coupons attached 6,561
thereto as to principal alone or as to both principal and 6,562
interest, their exchange for obligations so registered, and for 6,563
the conversion or reconversion into obligations with coupons 6,564
attached thereto of any obligations registered as to both 6,565
principal and interest, and for reasonable charges for such 6,566
registration, exchange, conversion, and reconversion. 6,567
(H) Obligations may be sold at public sale or at private 6,569
sale, as determined in the bond proceedings. 6,570
(I) Pending preparation of definitive obligations, the 6,572
issuing authority may issue interim receipts or certificates 6,573
which shall be exchanged for such definitive obligations. 6,574
(J) In the discretion of the issuing authority, 6,576
obligations may be secured additionally by a trust agreement or 6,577
indenture between the issuing authority and a corporate trustee 6,578
which may be any trust company or bank having its principal place 6,579
of business within the state. Any such agreement or indenture 6,580
may contain the order authorizing the issuance of the 6,582
obligations, any provisions that may be contained in any bond
proceedings, and other provisions which are customary or 6,583
appropriate in an agreement or indenture of such type, including, 6,584
but not limited to: 6,585
(1) Maintenance of each pledge, trust agreement, 6,587
indenture, or other instrument comprising part of the bond 6,588
proceedings until the state has fully paid the bond service 6,589
charges on the obligations secured thereby, or provision therefor 6,590
has been made; 6,591
(2) In the event of default in any payments required to be 6,593
made by the bond proceedings, or any other agreement of the 6,594
issuing authority made as a part of the contract under which the 6,595
obligations were issued, enforcement of such payments or 6,596
agreement by mandamus, the appointment of a receiver, suit in 6,597
equity, action at law, or any combination of the foregoing; 6,598
(3) The rights and remedies of the holders of obligations 6,600
158
and of the trustee, and provisions for protecting and enforcing 6,601
them, including limitations on rights of individual holders of 6,602
obligations; 6,603
(4) The replacement of any obligations that become 6,605
mutilated or are destroyed, lost, or stolen; 6,606
(5) Such other provisions as the trustee and the issuing 6,608
authority agree upon, including limitations, conditions, or 6,609
qualifications relating to any of the foregoing. 6,610
(K) Any holder of obligations or a trustee under the bond 6,612
proceedings, except to the extent that the holder's or trustee's 6,614
rights are restricted by the bond proceedings, may by any 6,615
suitable form of legal proceedings, protect and enforce any 6,616
rights under the laws of this state or granted by such bond 6,617
proceedings. Such rights include the right to compel the 6,618
performance of all duties of the issuing authority and the 6,619
director of transportation required by the bond proceedings or 6,620
sections 5531.09 and 5531.10 of the Revised Code; to enjoin 6,621
unlawful activities; and in the event of default with respect to 6,623
the payment of any bond service charges on any obligations or in 6,624
the performance of any covenant or agreement on the part of the 6,625
issuing authority or the director of transportation in the bond 6,626
proceedings, to apply to a court having jurisdiction of the cause 6,627
to appoint a receiver to receive and administer the pledged 6,628
receipts and special funds, other than those in the custody of 6,629
the treasurer of state, which are pledged to the payment of the 6,630
bond service charges on such obligations or which are the subject 6,631
of the covenant or agreement, with full power to pay, and to 6,632
provide for payment of bond service charges on, such obligations, 6,633
and with such powers, subject to the direction of the court, as 6,634
are accorded receivers in general equity cases, excluding any 6,635
power to pledge additional revenues or receipts or other income 6,636
or moneys of the state or local governmental entities, or 6,638
agencies thereof, to the payment of such principal and interest 6,640
and excluding the power to take possession of, mortgage, or cause 6,641
159
the sale or otherwise dispose of any project facilities.
Each duty of the issuing authority and the issuing 6,643
authority's officers and employees, and of each state or local 6,644
governmental agency and its officers, members, or employees, 6,646
undertaken pursuant to the bond proceedings or any loan, loan 6,647
guarantee, lease, lease-purchase AGREEMENT, or other agreement 6,649
made under authority of section 5531.09 of the Revised Code, and 6,650
in every agreement by or with the issuing authority, is hereby 6,652
established as a duty of the issuing authority, and of each such 6,653
officer, member, or employee having authority to perform such 6,654
duty, specifically enjoined by the law resulting from an office, 6,655
trust, or station within the meaning of section 2731.01 of the 6,656
Revised Code.
The person who is at the time the issuing authority, or the 6,658
issuing authority's officers or employees, are not liable in 6,659
their personal capacities on any obligations issued by the 6,660
issuing authority or any agreements of or with the issuing 6,661
authority. 6,662
(L) The issuing authority may authorize and issue 6,664
obligations for the refunding, including funding and retirement, 6,665
and advance refunding with or without payment or redemption prior 6,666
to maturity, of any obligations previously issued by the issuing 6,667
authority. Such obligations may be issued in amounts sufficient 6,668
for payment of the principal amount of the prior obligations, any 6,669
redemption premiums thereon, principal maturities of any such 6,670
obligations maturing prior to the redemption of the remaining 6,671
obligations on a parity therewith, interest accrued or to accrue 6,672
to the maturity dates or dates of redemption of such obligations, 6,673
and any allowable costs including expenses incurred or to be 6,674
incurred in connection with such issuance and such refunding, 6,675
funding, and retirement. Subject to the bond proceedings 6,676
therefor, the portion of proceeds of the sale of obligations 6,677
issued under this division to be applied to bond service charges 6,678
on the prior obligations shall be credited to an appropriate 6,679
160
account held by the trustee for such prior or new obligations or 6,680
to the appropriate account in the bond service fund for such 6,681
obligations. Obligations authorized under this division shall be 6,682
deemed to be issued for those purposes for which such prior 6,683
obligations were issued and are subject to the provisions of this 6,684
section pertaining to other obligations, except as otherwise 6,685
provided in this section. The last maturity of obligations 6,687
authorized under this division shall not be later than 6,688
twenty-five years from the date of issuance of the original
securities issued for the original purpose. 6,689
(M) The authority to issue obligations under this section 6,691
includes authority to issue obligations in the form of bond 6,692
anticipation notes and to renew the same from time to time by the 6,693
issuance of new notes. The holders of such notes or interest 6,694
coupons pertaining thereto shall have a right to be paid solely 6,695
from the pledged receipts and special funds that may be pledged 6,696
to the payment of the bonds anticipated, or from the proceeds of 6,697
such bonds or renewal notes, or both, as the issuing authority 6,698
provides in the order authorizing such notes. Such notes may be 6,700
additionally secured by covenants of the issuing authority to the 6,701
effect that the issuing authority and the state will do such or 6,702
all things necessary for the issuance of such bonds or renewal 6,703
notes in appropriate amount, and apply the proceeds thereof to 6,704
the extent necessary, to make full payment of the principal of 6,705
and interest on such notes at the time or times contemplated, as 6,706
provided in such order. For such purpose, the issuing authority 6,707
may issue bonds or renewal notes in such principal amount and 6,708
upon such terms as may be necessary to provide funds to pay when 6,709
required the principal of and interest on such notes, 6,710
notwithstanding any limitations prescribed by or for purposes of 6,711
this section. Subject to this division, all provisions for and 6,712
references to obligations in this section are applicable to notes 6,713
authorized under this division. 6,714
The issuing authority in the bond proceedings authorizing 6,716
161
the issuance of bond anticipation notes shall set forth for such 6,717
bonds an estimated interest rate and a schedule of principal 6,718
payments for such bonds and the annual maturity dates thereof. 6,719
(N) Obligations issued under this section are lawful 6,721
investments for banks, societies for savings, savings and loan 6,722
associations, deposit guarantee associations, trust companies, 6,723
trustees, fiduciaries, insurance companies, including domestic 6,724
for life and domestic not for life, trustees or other officers 6,725
having charge of sinking and bond retirement or other special 6,726
funds of political subdivisions and taxing districts of this 6,727
state, the commissioners of the sinking fund of the state, the 6,728
administrator of workers' compensation IN ACCORDANCE WITH THE 6,729
INVESTMENT POLICY ESTABLISHED BY THE WORKERS' COMPENSATION 6,730
OVERSIGHT COMMISSION PURSUANT TO SECTION 4121.12 OF THE REVISED 6,731
CODE, the state teachers retirement system, the public employees 6,732
retirement system, the school employees retirement system, and 6,733
the police and firemen's disability and pension fund, 6,734
notwithstanding any other provisions of the Revised Code or rules 6,735
adopted pursuant thereto by any agency of the state with respect 6,736
to investments by them, and are also acceptable as security for 6,737
the deposit of public moneys. 6,738
(O) Unless otherwise provided in any applicable bond 6,740
proceedings, moneys to the credit of or in the special funds 6,741
established by or pursuant to this section may be invested by or 6,742
on behalf of the issuing authority only in notes, bonds, or other 6,743
obligations of the United States, or of any agency or 6,744
instrumentality of the United States, obligations guaranteed as 6,746
to principal and interest by the United States, obligations of 6,747
this state or any political subdivision of this state, and 6,748
certificates of deposit of any national bank located in this 6,749
state and any bank, as defined in section 1101.01 of the Revised 6,750
Code, subject to inspection by the superintendent of financial 6,751
institutions. If the law or the instrument creating a trust 6,753
pursuant to division (J) of this section expressly permits 6,754
162
investment in direct obligations of the United States or an 6,755
agency of the United States, unless expressly prohibited by the 6,756
instrument, such moneys also may be invested in no-front-end-load 6,757
money market mutual funds consisting exclusively of obligations 6,758
of the United States or an agency of the United States and in 6,760
repurchase agreements, including those issued by the fiduciary 6,761
itself, secured by obligations of the United States or an agency 6,762
of the United States; and in common trust funds established in 6,764
accordance with COLLECTIVE INVESTMENT FUNDS AS DEFINED IN 6,765
DIVISION (A) OF section 1109.20 1111.01 of the Revised Code and 6,766
consisting exclusively of any such securities, notwithstanding 6,768
division (A)(4) of that section. The income from such 6,769
investments shall be credited to such funds as the issuing 6,770
authority determines, and such investments may be sold at such 6,771
times as the issuing authority determines or authorizes. 6,772
(P) Provision may be made in the applicable bond 6,774
proceedings for the establishment of separate accounts in the 6,775
bond service fund and for the application of such accounts only 6,776
to the specified bond service charges on obligations pertinent to 6,777
such accounts and bond service fund and for other accounts 6,778
therein within the general purposes of such fund. Unless 6,779
otherwise provided in any applicable bond proceedings, moneys to 6,780
the credit of or in the several special funds established 6,781
pursuant to this section shall be disbursed on the order of the 6,782
treasurer of state, provided that no such order is required for 6,783
the payment from the bond service fund when due of bond service 6,784
charges on obligations. 6,785
(Q) The issuing authority may, with the advice of the 6,787
director of transportation and the director of budget and 6,788
management, pledge all, or such portion as the issuing authority 6,790
determines, of the pledged receipts to the payment of bond 6,791
service charges on obligations issued under this section, and for 6,792
the establishment and maintenance of any reserves, as provided in 6,793
the bond proceedings, and make other provisions therein with 6,794
163
respect to pledged receipts as authorized by this chapter, which 6,795
provisions are controlling notwithstanding any other provisions 6,796
of law pertaining thereto.
(R) There is hereby created the state infrastructure bank 6,798
revenue bond service fund, which shall be in the custody of the 6,799
treasurer of state but shall not be a part of the state treasury. 6,801
All moneys received by or on account of the issuing authority or 6,802
state agencies and required by the applicable bond proceedings, 6,803
consistent with this section, to be deposited, transferred, or 6,804
credited to the bond service fund, and all other moneys 6,805
transferred or allocated to or received for the purposes of the
fund, shall be deposited and credited to such fund and to any 6,806
separate accounts therein, subject to applicable provisions of 6,807
the bond proceedings, but without necessity for any act of 6,808
appropriation. The state infrastructure bank revenue bond 6,811
service fund is a trust fund and is hereby pledged to the payment 6,812
of bond service charges to the extent provided in the applicable 6,813
bond proceedings, and payment thereof from such fund shall be 6,814
made or provided for by the treasurer of state in accordance with 6,815
such bond proceedings without necessity for any act of 6,816
appropriation.
(S) THE OBLIGATIONS ISSUED PURSUANT TO THIS SECTION, THE 6,818
TRANSFER THEREOF, AND THE INCOME THEREFROM, INCLUDING ANY PROFIT 6,819
MADE ON THE SALE THEREOF, SHALL AT ALL TIMES BE FREE FROM 6,820
TAXATION WITHIN THIS STATE.
Sec. 5540.01. As used in this chapter: 6,829
(A) "Transportation improvement district" or "district" 6,831
means a transportation improvement district designated pursuant 6,832
to section 5540.02 of the Revised Code. 6,833
(B) "Governmental agency" means a department, division, or 6,835
other unit of state government; a county, township, or municipal 6,836
corporation or other political subdivision; a regional transit 6,837
authority or regional transit commission created pursuant to 6,838
Chapter 306. of the Revised Code; a port authority created 6,839
164
pursuant to Chapter 4582. of the Revised Code; and the United 6,840
States or any agency thereof. 6,841
(C) "Project" means a street or, highway, OR OTHER 6,843
TRANSPORTATION PROJECT constructed or improved under this chapter 6,845
and includes all bridges, tunnels, overpasses, underpasses, 6,846
interchanges, approaches, those portions of connecting streets or 6,847
highways that serve interchanges and are determined by the 6,848
district to be necessary for the safe merging of traffic between 6,849
the project and those streets or highways, service facilities, 6,850
and administration, storage, and other buildings, property, and 6,851
facilities, that the district considers necessary for the 6,852
operation of the project, together with all property and rights 6,853
that must be acquired by the district for the construction, 6,854
maintenance, or operation of the project.
(D) "Cost," as applied to the construction of a project, 6,856
includes the cost of construction, including bridges over or 6,857
under existing highways and railroads, acquisition of all 6,858
property acquired by the district for such construction, 6,859
demolishing or removing any buildings or structures on land so 6,860
acquired, including the cost of acquiring any lands to which such 6,861
buildings or structures may be moved, site clearance, 6,862
improvement, and preparation, diverting streets or highways, 6,863
interchanges with streets or highways, access roads to private 6,864
property, including the cost of land or easements therefor, all 6,865
machinery, furnishings, and equipment, communications facilities, 6,866
financing expenses, interest prior to and during construction and 6,867
for one year after completion of construction, traffic estimates, 6,868
indemnity and surety bonds and premiums on insurance, and 6,869
guarantees, engineering, feasibility studies, and legal expenses, 6,870
plans, specifications, surveys, estimates of cost and revenues, 6,871
other expenses necessary or incidental to determining the 6,872
feasibility or practicability of constructing a project, and such 6,873
other expense as may be necessary or incident to the construction 6,874
of the project and the financing of such construction. Any 6,875
165
obligation or expense incurred by any governmental agency or 6,876
person for surveys, borings, preparation of plans and 6,877
specifications, and other engineering services, or any other cost 6,878
described above, in connection with the construction of a project 6,879
may be regarded as part of the cost of the project and reimbursed 6,880
from revenues, taxes, or the proceeds of bonds as authorized by 6,881
this chapter. 6,882
(E) "Owner" includes any person having any title or 6,884
interest in any property authorized to be acquired by a district 6,885
under this chapter. 6,886
(F) "Revenues" means all moneys received by a district 6,888
with respect to the lease, sublease, or sale, including 6,889
installment sale, conditional sale, or sale under a 6,890
lease-purchase agreement, of a project, any gift or grant 6,891
received with respect to a project, tolls, proceeds of bonds to 6,892
the extent the use thereof for payment of principal or of 6,893
premium, if any, or interest on the bonds is authorized by the 6,894
district, proceeds from any insurance, condemnation, or guaranty 6,895
pertaining to a project or property mortgaged to secure bonds or 6,896
pertaining to the financing of a project, and income and profit 6,897
from the investment of the proceeds of bonds or of any revenues. 6,898
(G) "Street or highway" has the same meaning as in section 6,900
4511.01 of the Revised Code. 6,901
(H) "Financing expenses" means all costs and expenses 6,903
relating to the authorization, issuance, sale, delivery, 6,904
authentication, deposit, custody, clearing, registration, 6,905
transfer, exchange, fractionalization, replacement, payment, and 6,906
servicing of bonds including, without limitation, costs and 6,907
expenses for or relating to publication and printing, postage, 6,908
delivery, preliminary and final official statements, offering 6,909
circulars, and informational statements, travel and 6,910
transportation, underwriters, placement agents, investment 6,911
bankers, paying agents, registrars, authenticating agents, 6,912
remarketing agents, custodians, clearing agencies or 6,913
166
corporations, securities depositories, financial advisory 6,914
services, certifications, audits, federal or state regulatory 6,915
agencies, accounting and computation services, legal services and 6,916
obtaining approving legal opinions and other legal opinions, 6,917
credit ratings, redemption premiums, and credit enhancement 6,918
facilities. 6,919
(I) "Bond proceedings" means the resolutions, trust 6,921
agreements, certifications, notices, sale proceedings, leases, 6,922
lease-purchase agreements, assignments, credit enhancement 6,923
facility agreements, and other agreements, instruments, and 6,924
documents, as amended and supplemented, or any one or more of 6,925
combination thereof, authorizing, or authorizing or providing for 6,926
the terms and conditions applicable to, or providing for the 6,927
security or sale or award or liquidity of, bonds, and includes 6,928
the provisions set forth or incorporated in those bonds and bond 6,929
proceedings. 6,930
(J) "Bond service charges" means principal, including any 6,932
mandatory sinking fund or mandatory redemption requirements for 6,933
retirement of bonds, and interest and any redemption premium 6,934
payable on bonds, as those payments come due and are payable to 6,935
the bondholder or to a person making payment under a credit 6,936
enhancement facility of those bond service charges to a 6,937
bondholder. 6,938
(K) "Bond service fund" means the applicable fund created 6,940
by the bond proceedings for and pledged to the payment of bond 6,941
service charges on bonds provided for by those proceedings, 6,942
including all moneys and investments, and earnings from 6,943
investments, credited and to be credited to that fund as provided 6,944
in the bond proceedings. 6,945
(L) "Bonds" means bonds, notes, including notes 6,947
anticipating bonds or other notes, commercial paper, certificates 6,948
of participation, or other evidences of obligation, including any 6,949
interest coupons pertaining thereto, issued pursuant to this 6,950
chapter. 6,951
167
(M) "Net revenues" means revenues lawfully available to 6,953
pay both current operating expenses of a district and bond 6,954
service charges in any fiscal year or other specified period, 6,955
less current operating expenses of the district and any amount 6,956
necessary to maintain a working capital reserve for that period. 6,957
(N) "Pledged revenues" means net revenues, moneys and 6,959
investments, and earnings on those investments, in the applicable 6,960
bond service fund and any other special funds, and the proceeds 6,961
of any bonds issued for the purpose of refunding prior bonds, all 6,962
as lawfully available and by resolution of the district committed 6,963
for application as pledged revenues to the payment of bond 6,964
service charges on particular issues of bonds. 6,965
(O) "Special funds" means the applicable bond service fund 6,967
and any accounts and subaccounts in that fund, any other funds or 6,968
accounts permitted by and established under, and identified as a 6,969
special fund or special account in, the bond proceedings, 6,970
including any special fund or account established for purposes of 6,971
rebate or other requirements under federal income tax laws. 6,972
(P) "Credit enhancement facilities" means letters of 6,974
credit, lines of credit, standby, contingent, or firm securities 6,975
purchase agreements, insurance, or surety arrangements, 6,976
guarantees, and other arrangements that provide for direct or 6,977
contingent payment of bond service charges, for security or 6,978
additional security in the event of nonpayment or default in 6,979
respect of bonds, or for making payment of bond service charges 6,980
and at the option and on demand of bondholders or at the option 6,981
of the district or upon certain conditions occurring under put or 6,982
similar arrangements, or for otherwise supporting the credit or 6,983
liquidity of the bonds, and includes credit, reimbursement, 6,984
marketing, remarketing, indexing, carrying, interest rate hedge 6,985
as defined in section 133.01 of the Revised Code, and subrogation 6,986
agreements, and other agreements and arrangements for payment and 6,987
reimbursement of the person providing the credit enhancement 6,988
facility and the security for that payment and reimbursement. 6,989
168
(Q) "Refund" means to fund and retire outstanding bonds, 6,991
including advance refunding with or without payment or redemption 6,992
prior to stated maturity. 6,993
(R) "Property" includes interests in property. 6,995
(S) "Administrative agent," "agent," "commercial paper," 6,997
"floating rate interest structure," "indexing agent," "interest 6,998
rate period," "put arrangement," and "remarketing agent" have the 6,999
same meanings as in section 9.98 of the Revised Code. 7,000
(T) "Outstanding" as applied to bonds means outstanding in 7,002
accordance with the terms of the bonds and the applicable bond 7,003
proceedings. 7,004
(U) "Interstate system" has the same meaning as in section 7,006
5516.01 of the Revised Code. 7,007
Sec. 5540.03. (A) A transportation improvement district 7,016
may:
(1) Adopt bylaws for the regulation of its affairs and the 7,018
conduct of its business; 7,019
(2) Adopt an official seal; 7,021
(3) Sue and be sued in its own name, plead and be 7,023
impleaded, provided any actions against the district shall be 7,024
brought in the court of common pleas of the county in which the 7,025
principal office of the district is located, or in the court of 7,026
common pleas of the county in which the cause of action arose,
and all summonses, exceptions, and notices of every kind shall be 7,027
served on the district by leaving a copy thereof at its principal 7,028
office with the secretary-treasurer; 7,029
(4) Purchase, construct, maintain, repair, sell, exchange, 7,031
police, operate, or lease projects; 7,032
(5) Issue either or both of the following for the purpose 7,034
of providing funds to pay the costs of any project or part 7,035
thereof:
(a) Transportation improvement district revenue bonds; 7,037
(b) Bonds pursuant to Section 13 of Article VIII, Ohio 7,039
Constitution,;
169
(6) Maintain such funds as it considers necessary; 7,041
(7) Direct its agents or employees, when properly 7,043
identified in writing and after at least five days' written 7,044
notice, to enter upon lands within its jurisdiction to make 7,045
surveys and examinations preliminary to the location and
construction of projects for the district, without liability of 7,047
the district or its agents or employees except for actual damage
done; 7,048
(8) Make and enter into all contracts and agreements 7,050
necessary or incidental to the performance of its functions and 7,051
the execution of its powers under this chapter; 7,052
(9) Employ or retain or contract for the services of 7,054
consulting engineers, superintendents, managers, and such other 7,055
engineers, construction and accounting experts, financial 7,056
advisers, trustees, marketing, remarketing, and administrative 7,057
agents, attorneys, and other employees, independent contractors, 7,058
or agents as are necessary in its judgment and fix their
compensation, provided all such expenses shall be payable solely 7,059
from the proceeds of bonds or from revenues; 7,060
(10) Receive and accept from any THE federal OR ANY STATE 7,062
OR LOCAL GOVERNMENT, INCLUDING, BUT NOT LIMITED TO, ANY agency 7,063
and from, ENTITY, OR INSTRUMENTALITY OF any other governmental 7,065
agency OF THE FOREGOING, LOANS AND grants for or in aid of the 7,066
construction, maintenance, or repair of any project, and receive 7,067
and accept aid or contributions from any source or person of 7,068
money, property, labor, or other things of value, to be held, 7,069
used, and applied only for the purposes for which such LOANS, 7,070
grants, and contributions are made;. NOTHING IN DIVISION (A)(10) 7,071
OF THIS SECTION SHALL BE CONSTRUED AS IMPOSING ANY LIABILITY ON 7,072
THIS STATE FOR ANY LOAN RECEIVED BY A TRANSPORTATION IMPROVEMENT 7,073
DISTRICT FROM A THIRD PARTY UNLESS THIS STATE HAS ENTERED INTO AN
AGREEMENT TO ACCEPT SUCH LIABILITY. 7,074
(11) Acquire, hold, and dispose of property in the 7,076
exercise of its powers and the performance of its duties under 7,077
170
this chapter;
(12) Establish and collect tolls or user charges for its 7,079
projects;
(13) Do all acts necessary and proper to carry out the 7,081
powers expressly granted in this chapter. 7,082
(B) Chapters 123., 124., 125., 153., and 4115., and 7,084
sections 9.331, 9.332, and 9.333, AND 307.86 of the Revised Code 7,086
do not apply to contracts or projects of a transportation 7,087
improvement district.
Sec. 5735.05. (A) To provide revenue for maintaining the 7,096
state highway system; to widen existing surfaces on such 7,097
highways; to resurface such highways; to pay that portion of the 7,098
construction cost of a highway project which a county, township, 7,099
or municipal corporation normally would be required to pay, but 7,100
which the director of transportation, pursuant to division (B) of 7,101
section 5531.08 of the Revised Code, determines instead will be 7,102
paid from moneys in the highway operating fund; to enable the 7,103
counties of the state properly to plan, maintain, and repair 7,104
their roads and to pay principal, interest, and charges on bonds 7,105
and other obligations issued pursuant to Chapter 133. of the 7,106
Revised Code for highway improvements; to enable the municipal 7,107
corporations to plan, construct, reconstruct, repave, widen, 7,108
maintain, repair, clear, and clean public highways, roads, and 7,109
streets, and to pay the principal, interest, and charges on bonds 7,110
and other obligations issued pursuant to Chapter 133. of the 7,111
Revised Code for highway improvements; to enable the Ohio 7,112
turnpike commission to construct, reconstruct, maintain, and 7,113
repair turnpike projects; to maintain and repair bridges and 7,114
viaducts; to purchase, erect, and maintain street and traffic 7,115
signs and markers; to purchase, erect, and maintain traffic 7,116
lights and signals; to pay the costs apportioned to the public 7,117
under sections 4907.47 and 4907.471 of the Revised Code and to 7,118
supplement revenue already available for such purposes; to pay 7,119
the costs incurred by the public utilities commission in 7,120
171
administering sections 4907.47 to 4907.476 of the Revised Code; 7,121
to distribute equitably among those persons using the privilege 7,122
of driving motor vehicles upon such highways and streets the cost 7,123
of maintaining and repairing them; to pay the interest, 7,124
principal, and charges on HIGHWAY CAPITAL IMPROVEMENTS bonds and 7,125
other obligations issued pursuant to Section 2g 2m of Article 7,127
VIII, Ohio Constitution, and sections 5528.10 and 5528.11 5528.51 7,129
TO 5528.56 of the Revised Code; to pay the interest, principal, 7,131
and charges on highway obligations issued pursuant to Section 2i 7,132
of Article VIII, Ohio Constitution, and sections 5528.30 and 7,133
5528.31 of the Revised Code; and to provide revenue for the 7,134
purposes of sections 1547.71 to 1547.78 of the Revised Code, a 7,135
motor fuel excise tax is hereby imposed on all motor fuel dealers 7,136
upon receipt of motor fuel within this state at the rate of two 7,137
cents plus the cents per gallon rate on each gallon so received, 7,138
to be computed in the manner set forth in section 5735.06 of the 7,141
Revised Code; provided that no tax is hereby imposed upon the 7,142
following transactions:
(1) The sale of dyed diesel fuel by a licensed motor fuel 7,145
dealer from a location other than a retail service station 7,146
provided the licensed motor fuel dealer places on the face of the 7,147
delivery document or invoice, or both if both are used, a 7,148
conspicuous notice stating that the fuel is dyed and is not for 7,149
taxable use, and that taxable use of that fuel is subject to a 7,150
penalty. The tax commissioner, by rule, may provide that any 7,151
notice conforming to rules or regulations issued by the United 7,152
States department of the treasury or the Internal Revenue Service 7,153
is sufficient notice for the purposes of division (A)(1) of this 7,154
section;
(2) The sale of K-1 (water clear) kerosene to a retail 7,156
service station, except when placed directly in the fuel supply 7,157
tank of a motor vehicle. Such sale shall be rebuttably presumed 7,158
to not be distributed or sold for use or used to generate power 7,159
for the operation of motor vehicles upon the public highways or 7,160
172
upon the waters within the boundaries of this state;. 7,161
(3) The sale of motor fuel by a licensed motor fuel dealer 7,164
to another licensed motor fuel dealer;
(4) The exportation of motor fuel by a licensed motor fuel 7,168
dealer from this state to any other state or foreign country; 7,170
(5) The sale of motor fuel to the United States government 7,174
or any of its agencies, except such tax as is permitted by it, 7,175
where such sale is evidenced by an exemption certificate, in form 7,176
approved by the tax commissioner, executed by the United States 7,177
government or an agency thereof certifying that the motor fuel 7,178
therein identified has been purchased for the exclusive use of 7,179
the United States government or its agency; 7,180
(6) The sale of motor fuel which is in the process of 7,184
transportation in foreign or interstate commerce, except in so
far as it may be taxable under the constitution CONSTITUTION and 7,186
statutes of the United States, and except as may be agreed upon 7,187
in writing by the dealer and the commissioner; 7,188
(7) The sale of motor fuel when sold exclusively for use 7,192
in the operation of aircraft, where such sale is evidenced by an 7,194
exemption certificate prescribed by the commissioner and executed 7,195
by the purchaser certifying that the motor fuel purchased has 7,196
been purchased for exclusive use in the operation of aircraft. 7,197
(8) The sale for exportation of motor fuel by a licensed 7,199
motor fuel dealer to a licensed exporter type A; 7,200
(9) The sale for exportation of motor fuel by a licensed 7,202
motor fuel dealer to a licensed exporter type B, provided that 7,203
the destination state motor fuel tax has been paid or will be 7,204
accrued and paid by the licensed motor fuel dealer. 7,205
Division (A)(1) of this section does not apply to the sale 7,208
or distribution of dyed diesel fuel used to operate a motor
vehicle on the public highways or upon water within the 7,209
boundaries of this state by persons permitted under regulations 7,210
of the United States department of the treasury or of the 7,212
Internal Revenue Service to so use dyed diesel fuel.
173
(B) The two cent motor fuel tax levied by this section is 7,215
also for the purpose of paying the expenses of administering and 7,216
enforcing the state law relating to the registration and 7,217
operation of motor vehicles. 7,218
After the tax provided for by this section on the receipt 7,220
of any motor fuel has been paid by the motor fuel dealer, the 7,223
motor fuel may thereafter be used, sold, or resold by any person 7,225
having lawful title to it, without incurring liability for such 7,226
tax.
If a licensed motor fuel dealer sells motor fuel received 7,229
by the licensed motor fuel dealer to another licensed motor fuel 7,232
dealer, the seller may deduct on the report required by section 7,234
5735.06 of the Revised Code the number of gallons so sold for the 7,235
month within which the motor fuel was sold or delivered. In this 7,236
event the number of gallons is deemed to have been received by 7,237
the purchaser, who shall report and pay the tax imposed thereon. 7,238
Sec. 5735.12. (A) Any motor fuel dealer or qualified 7,247
interstate bus operator required by this chapter to file reports 7,248
and pay the tax levied by this chapter who fails to file the 7,251
report within the time prescribed, shall be liable for an 7,252
additional charge equal to the greater of ten per cent of the 7,253
motor fuel dealer's or qualified interstate bus operator's tax 7,254
liability for that month or fifty dollars. The tax commissioner 7,256
may remit all or a portion of the additional charge and may adopt 7,257
rules relating to the remission of all or a portion of the 7,258
charge.
If any person required by this chapter to file reports and 7,260
pay the taxes, interest, or additional charge levied by this 7,262
chapter fails to file the report, files an incomplete or 7,263
incorrect report, or fails to remit the full amount of the tax, 7,264
interest, or additional charge due for the period covered by the 7,266
report, the commissioner may make an assessment against the 7,267
person based upon any information in the commissioner's 7,268
possession.
174
No assessment shall be made against any motor fuel dealer 7,270
or interstate bus operator for taxes imposed by this chapter more 7,271
than four years after the date on which the report on which the 7,272
assessment was based was due or was filed, whichever is later. 7,273
This section does not bar an assessment against any motor fuel 7,274
dealer or qualified interstate bus operator who fails to file a 7,276
report required by either section 5735.06 or 5735.32 of the 7,277
Revised Code, or who files a fraudulent motor fuel tax report. 7,278
A penalty of fifteen per cent shall be added to the amount 7,281
of every assessment made under this section. The commissioner 7,282
may adopt rules providing for the remission of penalties added to 7,283
assessments made under this section. 7,284
The commissioner shall give the party assessed written 7,286
notice of the assessment by personal service or certified mail. 7,287
Any tax or equalization payment assessed shall continue to accrue 7,288
interest as prescribed in division (A) of section 5735.11 of the 7,289
Revised Code. 7,290
(B) Unless the party to whom the notice of assessment is 7,292
directed files with the commissioner within thirty days after 7,293
service of the notice of assessment, either personally or by 7,294
certified mail, a petition for reassessment in writing, signed by 7,295
the party assessed, or by the authorized agent of the party 7,297
assessed having knowledge of the facts, the assessment shall 7,298
become conclusive and the amount of the assessment shall be due 7,299
and payable from the party assessed to the treasurer of state. 7,300
The petition shall indicate the objections of the party assessed, 7,301
but additional objections may be raised in writing if received 7,302
prior to the date shown on the final determination by the 7,303
commissioner.
Unless the petitioner waives a hearing, the commissioner 7,305
shall assign a time and place for the hearing on the petition and 7,306
notify the petitioner of the time and place of the hearing by 7,307
personal service or certified mail, but the commissioner may 7,308
continue the hearing from time to time if necessary. 7,309
175
The commissioner may make such correction to the 7,311
commissioner's assessment as the commissioner finds proper. The 7,313
commissioner shall serve a copy of the commissioner's final 7,315
determination on the petitioner by personal service or certified 7,316
mail, and the commissioner's decision in the matter shall be 7,317
final, subject to appeal as provided in section 5717.02 of the 7,318
Revised Code. 7,319
(C) After an assessment becomes final, if any portion of 7,321
the assessment remains unpaid, a certified copy of the 7,322
commissioner's entry making the assessment final may be filed in 7,323
the office of the clerk of the court of common pleas in the 7,324
county in which the party assessed resides or in which the 7,325
business of the party assessed is conducted. If the party 7,326
assessed maintains no place of business in this state and is not 7,329
a resident of this state, the certified copy of the entry may be 7,330
filed in the office of the clerk of the court of common pleas of 7,331
Franklin county.
The clerk, immediately upon the filing of the entry, shall 7,333
enter a judgment for the state against the party assessed in the 7,334
amount shown on the entry. The judgment may be filed by the 7,335
clerk in a loose-leaf book entitled "special judgments for state 7,336
motor fuel tax." 7,337
From the date of the filing of the entry in the clerk's 7,339
office, the unpaid portion of the assessment shall bear interest 7,340
at the rate per annum prescribed by section 5703.47 of the 7,341
Revised Code and shall have the same effect as other judgments. 7,342
Execution shall issue upon the judgment upon request of the 7,343
commissioner, and all laws applicable to sales on execution shall 7,344
be applicable to sales made under the judgment. 7,345
(D) All money collected by the commissioner under this 7,347
section shall be paid to the treasurer of state, and when paid 7,348
shall be considered as revenue arising from the tax imposed by 7,349
this chapter. 7,350
(E) If the tax commissioner determines that the 7,352
176
commissioner has erroneously refunded motor fuel tax to any 7,353
person, the commissioner may make an assessment against the 7,354
person for recovery of the erroneously refunded tax. Interest 7,355
begins to accrue thirty days after the receipt of the assessment.
(F) Any person required to file reports pursuant to 7,357
section 5735.146 of the Revised Code who fails to file the report 7,358
within the time prescribed shall be liable for a late filing 7,360
charge equal to one hundred dollars per day for each day the 7,361
report is late, or one thousand dollars, whichever is greater.
The late filing charge may be collected by assessment as provided 7,362
in this section. 7,363
Sec. 5735.145. (A) As used in this section and sections 7,372
5735.13, 5735.14, 5735.141, 5735.142, 5735.146, and 5735.17 of 7,373
the Revised Code: 7,374
(1) "Qualified fuel" means ethanol that is to be combined 7,376
with gasoline to create a blend of not more than ten per cent by 7,377
volume of ethanol and that when so blended is used, sold, or 7,378
distributed as a motor fuel. 7,379
(2) "Ethanol" means: 7,381
(a) Ethanol produced in a manufacturing facility with an 7,383
annual production capacity of less than two million gallons from 7,384
wood or the grain of a cereal grass and denatured in accordance 7,385
with United States bureau of alcohol and tax regulations; or 7,386
(b) Ethanol produced through a coal-fired process from 7,388
wood or the grain of a cereal grass and denatured in accordance 7,389
with United States bureau of alcohol and tax regulations. 7,390
(B) Any motor fuel dealer shall receive a qualified fuel 7,394
credit on each gallon of qualified fuel used, sold, or 7,395
distributed by the dealer and on which the dealer is liable for 7,396
the taxes imposed by this chapter of the Revised Code. To
receive a credit, the dealer shall certify on the monthly report 7,399
required by section 5735.06 of the Revised Code the number of 7,400
gallons of qualified fuel used, sold, or distributed during the 7,401
month to which the report applies and upon which such taxes are 7,402
177
imposed. After computation of the amount of the tax in accordance 7,403
with division (B) of section 5735.06 of the Revised Code, the 7,404
number of gallons of qualified fuel used, sold, or distributed 7,405
during the month to which the report applies and included in the 7,406
gallons of motor fuel upon which the tax is imposed shall be 7,407
multiplied by ten cents per gallon. The resulting product shall 7,408
be subtracted from the tax computed under division (B) of section 7,409
5735.06 of the Revised Code and shall constitute the qualified 7,410
fuel credit provided by this section. 7,411
(C) The aggregate amount of credits permitted under this 7,413
section shall be subject to the limitations prescribed in this 7,414
division. 7,415
(1) Beginning July 1, 1993, and ending June 30, 2000 1997, 7,417
for each fiscal year, the credit shall not exceed a total of 7,419
fifteen million dollars, and for each month of each such year 7,420
shall not exceed the amount specified for that month as follows: 7,421
July $1,390,125 January $1,133,625 7,423
August 1,312,125 February 1,106,625 7,424
September 1,229,625 March 1,211,625 7,425
October 1,268,625 April 1,192,125 7,426
November 1,235,625 May 1,270,125 7,427
December 1,280,625 June 1,369,125 7,428
For the period beginning July 1, 2000, and ending September 7,431
30, 2000, the credit shall not exceed a total of four million 7,432
dollars, and shall not exceed one million four hundred eighteen 7,433
thousand four hundred dollars in July, one million three hundred 7,434
thirty-four thousand four hundred dollars in August, and one 7,435
million two hundred forty-seven thousand two hundred dollars in 7,436
September of that year. 7,437
(2) If in any month the credit is less than the limit set 7,439
forth for that month, the unused portion shall be carried forward 7,440
and added to the succeeding month's limit until the end of the 7,441
fiscal year. 7,442
(3) If in any month the credit, including any amount 7,444
178
carried forward from a preceding month, exceeds the limit for 7,445
that month by less than five per cent, the tax commissioner shall 7,446
either reduce the limit for the succeeding month by the amount of 7,447
the excess, or collect the excess from each motor fuel dealer, 7,448
apportioning the amount collected among motor fuel dealers in 7,449
proportion to the amount of credit claimed by each motor fuel 7,450
dealer for that month.
If in any month the credit, including any amount carried 7,452
forward from a preceding month, exceeds the limit for that month 7,453
by five per cent or more, the tax commissioner shall collect the 7,454
excess from each motor fuel dealer, apportioning the amount 7,455
collected among motor fuel dealers in proportion to the amount of 7,456
credit claimed by each motor fuel dealer for that month. 7,457
(4) Any credit in excess of the amounts prescribed in this 7,459
section and subject to collection by the tax commissioner 7,460
pursuant to division (C)(2) or (3) of this section shall be paid 7,461
to the treasurer of state as revenue arising from taxes imposed 7,462
under this chapter and is subject to assessment as provided in 7,463
sections 5735.12 and 5735.121 of the Revised Code. 7,464
Sec. 5735.19. The tax commissioner may examine, during the 7,473
usual business hours of the day, the records, books, and papers 7,474
of any motor fuel dealer, retail dealer, exporter, terminal 7,475
operator, purchaser, OR common carrier, or person selling alcohol 7,476
and registered under section 5735.146 of the Revised Code, 7,477
pertaining to motor fuel received, sold, shipped, or delivered, 7,478
to verify the truth and accuracy of any statement, report, or 7,479
return. The commissioner may, in the enforcement of the motor 7,480
fuel laws of this state, hold hearings, take the testimony of any 7,481
person, issue subpoenas and compel the attendance of witnesses, 7,482
and conduct such investigations as the commissioner deems 7,483
necessary, but no person shall disclose the information acquired 7,485
by the commissioner under this section, except when required to 7,486
do so in court. Such information or evidence is not privileged 7,487
when used by the state or any officer thereof in any proceeding 7,488
179
for the collection of the tax, or any prosecution for violation 7,489
of the motor fuel laws. 7,490
The commissioner may prescribe all forms upon which reports 7,492
shall be made to the commissioner, forms for claims for refund 7,493
presented to the commissioner, or forms of records to be used by 7,494
motor fuel dealers. 7,495
Sec. 5735.23. (A) Out of receipts from the tax levied by 7,504
section 5735.05 of the Revised Code, the treasurer of state shall 7,505
place to the credit of the tax refund fund established by section 7,506
5703.052 of the Revised Code amounts equal to the refunds 7,507
certified by the tax commissioner pursuant to sections 5735.13, 7,508
5735.14, 5735.141, 5735.142, 5735.16, and 5735.17 of the Revised 7,509
Code. The treasurer of state shall then transfer the amount 7,510
required by section 5735.051 of the Revised Code to the waterways 7,512
safety fund and the amount required by section 4907.472 of the 7,513
Revised Code to the grade crossing protection fund. 7,514
(B) Each EXCEPT AS PROVIDED IN DIVISION (D) OF THIS 7,516
SECTION, EACH month the balance of the receipts from the tax 7,517
levied by section 5735.05 of the Revised Code shall be credited, 7,518
after receipt by the treasurer of state of certifications 7,519
CERTIFICATION from the commissioners of the sinking fund 7,521
certifying, as required by sections 5528.15 and SECTION 5528.35 7,522
of the Revised Code, that there are sufficient moneys to the 7,524
credit of the highway improvement bond retirement fund to meet in 7,525
full all payments of interest, principal, and charges for the 7,526
retirement of bonds and other obligations issued pursuant to 7,527
Section 2g of Article VIII, Ohio Constitution, and sections 7,528
5528.10 and 5528.11 of the Revised Code due and payable during 7,529
the current calendar year, and that there are sufficient moneys 7,530
to the credit of the highway obligations bond retirement fund to 7,531
meet in full all payments of interest, principal, and charges for 7,532
the retirement of highway obligations issued pursuant to Section 7,533
2i of Article VIII, Ohio Constitution, and sections 5528.30 and 7,534
5528.31 of the Revised Code due and payable during the current 7,535
180
calendar year, as follows: 7,536
(1) To the state and local government highway distribution 7,538
fund, which is hereby created in the state treasury, an amount 7,539
that is the same percentage of the balance to be credited as that 7,540
portion of the tax per gallon determined under division (B)(2)(a) 7,541
of section 5735.06 of the Revised Code is of the total tax per 7,542
gallon determined under divisions (B)(2)(a) and (b) of that 7,543
section. 7,544
(2) After making the distribution to the state and local 7,546
government highway distribution fund, the remainder shall be 7,547
credited as follows: 7,548
(a) Thirty per cent to the gasoline excise tax fund for 7,550
distribution pursuant to division (A)(1) of section 5735.27 of 7,551
the Revised Code; 7,552
(b) Twenty-five per cent to the gasoline excise tax fund 7,554
for distribution pursuant to division (A)(3) of section 5735.27 7,555
of the Revised Code; 7,556
(c) Forty-five EXCEPT AS PROVIDED IN DIVISION (D) OF THIS 7,558
SECTION, FORTY-FIVE per cent to the highway operating fund for 7,559
distribution pursuant to division (B)(1) of section 5735.27 of 7,560
the Revised Code. 7,561
(C) From the balance in the state and local government 7,563
highway distribution fund on the last day of each month there 7,564
shall be paid the following amounts: 7,565
(1) To the local transportation improvement program fund 7,567
created by section 164.14 of the Revised Code, an amount equal to 7,568
a fraction of the balance in the state and local government 7,569
highway distribution fund, the numerator of which fraction is one 7,570
and the denominator of which fraction is that portion of the tax 7,571
per gallon determined under division (B)(2)(a) of section 5735.06 7,572
of the Revised Code; 7,573
(2) An amount equal to five cents multiplied by the number 7,575
of gallons of motor fuel sold at stations operated by the Ohio 7,577
turnpike commission, such gallonage to be certified by the
181
commission to the treasurer of state not later than the last day 7,578
of the month following. The funds paid to the commission 7,579
pursuant to this section shall be expended for the construction, 7,580
reconstruction, maintenance, and repair of turnpike projects, 7,581
except that the funds may not be expended for the construction of 7,582
new interchanges. The funds also may be expended for the 7,583
construction, reconstruction, maintenance, and repair of those 7,584
portions of connecting public roads that serve existing 7,585
interchanges and are determined by the commission and the 7,586
director of transportation to be necessary for the safe merging 7,587
of traffic between the turnpike and those public roads. 7,588
The remainder of the balance shall be distributed as 7,590
follows on the fifteenth day of the following month: 7,591
(a) Ten and seven-tenths per cent shall be paid to 7,593
municipal corporations for distribution pursuant to division 7,594
(A)(1) of section 5735.27 of the Revised Code and may be used for 7,595
any purpose for which payments received under that division may 7,596
be used. 7,597
(b) Five per cent shall be paid to townships for 7,599
distribution pursuant to division (A)(5) of section 5735.27 of 7,600
the Revised Code and may be used for any purpose for which 7,601
payments received under that division may be used. 7,602
(c) Nine and three-tenths per cent shall be paid to 7,604
counties for distribution pursuant to division (A)(3) of section 7,605
5735.27 of the Revised Code and may be used for any purpose for 7,606
which payments received under that division may be used. 7,607
(d) The EXCEPT AS PROVIDED IN DIVISION (D) OF THIS 7,609
SECTION, THE balance shall be transferred to the highway 7,610
operating fund and used for the purposes set forth in division 7,611
(B)(1) of section 5735.27 of the Revised Code. 7,612
(D) BEGINNING ON THE FIRST DAY OF SEPTEMBER EACH YEAR AND 7,615
CONTINUING UNTIL SUCH TIME AS THE OFFICE OF BUDGET AND MANAGEMENT
RECEIVES CERTIFICATION FROM THE COMMISSIONERS OF THE SINKING FUND 7,616
PURSUANT TO DIVISION (B) OF SECTION 5528.56 OF THE REVISED CODE, 7,617
182
ANY AMOUNTS REQUIRED TO BE CREDITED OR TRANSFERRED TO THE HIGHWAY 7,618
OPERATING FUND PURSUANT TO DIVISION (B)(2)(c) OR (C)(2)(d) OF 7,619
THIS SECTION SHALL BE CREDITED OR TRANSFERRED TO THE HIGHWAY 7,620
CAPITAL IMPROVEMENTS BOND SERVICE FUND CREATED IN SECTION 5528.55 7,621
OF THE REVISED CODE.
Sec. 5735.29. To provide revenue for supplying the state's 7,630
share of the cost of constructing, widening, maintaining, and 7,631
reconstructing the state highways; to maintain and repair bridges 7,632
and viaducts; to purchase, erect, and maintain street and traffic 7,633
signs and markers; to purchase, erect, and maintain traffic 7,634
lights and signals; to pay the expense of administering and 7,635
enforcing the state law relative to the registration and 7,636
operation of motor vehicles; to pay the expense of administering 7,637
and enforcing the state law providing reimbursement to hospitals 7,638
for expenses incurred for the care of indigent persons injured in 7,639
motor vehicle accidents; to make road improvements associated 7,640
with retaining or attracting business for this state, to pay that 7,642
portion of the construction cost of a highway project which a 7,643
county, township, or municipal corporation normally would be 7,644
required to pay, but which the director of transportation, 7,645
pursuant to division (B) of section 5531.08 of the Revised Code, 7,646
determines instead will be paid from moneys in the highway 7,647
operating fund; to provide revenue for the purposes of sections 7,648
1547.71 to 1547.78 of the Revised Code; and to supplement revenue 7,649
already available for such purposes, to pay the expenses of the 7,650
department of taxation incident to the administration of the 7,651
motor fuel laws, to supplement revenue already available for such 7,652
purposes; and to pay the interest, principal, and charges on 7,653
highway obligations issued pursuant to Section 2i of Article 7,654
VIII, Ohio Constitution, and sections 5528.30 and 5528.31 of the 7,655
Revised Code, a motor fuel excise tax is hereby imposed on all 7,657
motor fuel dealers upon their receipt of motor fuel within the 7,658
state at the rate of two cents on each gallon so received. This 7,659
tax is subject to the specific exemptions set forth in this 7,660
183
chapter of the Revised Code. It shall be reported, computed, 7,661
paid, collected, administered, enforced, and refunded, and the 7,662
failure properly and correctly to report and pay the tax shall be 7,663
penalized, in exactly the same manner as is provided in this 7,664
chapter. Such sections relating to motor fuel excise taxes are 7,665
reenacted and incorporated as if specifically set forth in this 7,666
section. The tax levied by this section is in addition to any 7,667
other taxes imposed under this chapter. 7,668
Sec. 6101.16. When it is determined to let the work 7,678
relating to the improvements for which a conservancy district was 7,679
established by contract, contracts in amounts to exceed ten 7,680
FIFTEEN thousand dollars shall be advertised after notice calling 7,682
for bids has been published once a week for three consecutive 7,683
weeks completed on date of last publication, in at least one 7,684
newspaper of general circulation within the conservancy district 7,685
where the work is to be done. If the bids are for a contract for 7,686
the construction, demolition, alteration, repair, or 7,687
reconstruction of an improvement, the board of directors of the 7,688
conservancy district may let the contract to the lowest or best 7,689
bidder who meets the requirements of section 153.54 of the 7,690
Revised Code. If the bids are for a contract for any other work 7,691
relating to the improvements for which a conservancy district was 7,692
established, the board of directors of the district may let the 7,693
contract to the lowest or best bidder who gives a good and 7,694
approved bond, with ample security, conditioned on the carrying 7,695
out of the contract. The contract shall be in writing and shall 7,696
be accompanied by or refer to plans and specifications for the 7,697
work to be done prepared by the chief engineer. The plans and 7,698
specifications shall at all times be made and considered a part 7,699
of the contract. The contract shall be approved by the board and 7,700
signed by the president of the board and by the contractor and 7,701
shall be executed in duplicate. In case of sudden emergency when 7,702
it is necessary in order to protect the district, the advertising 7,703
of contracts may be waived upon the consent of the board, with 7,704
184
the approval of the court or a judge of the court of common pleas 7,705
of the county in which the office of the district is located. 7,706
Section 2. That existing sections 121.05, 121.08, 308.13, 7,708
2925.44, 2933.43, 3701.022, 3701.07, 3701.83, 4301.12, 4501.03, 7,709
4501.14, 4501.15, 4501.19, 4501.20, 4501.22, 4503.102, 4503.191, 7,710
4503.51, 4503.52, 4503.55, 4503.56, 4505.11, 4505.111, 4506.24, 7,711
4511.101, 4511.102, 4511.191, 4511.951, 4981.09, 4981.34, 7,713
5112.17, 5501.01, 5501.311, 5501.32, 5501.34, 5501.37, 5502.01,
5502.12, 5513.01, 5513.04, 5513.06, 5515.01, 5516.01, 5516.02, 7,715
5516.03, 5516.04, 5516.06, 5516.061, 5516.07, 5516.08, 5516.10,
5516.11, 5516.12, 5516.13, 5516.99, 5525.03, 5525.07, 5529.03, 7,716
5531.09, 5531.10, 5540.01, 5540.03, 5735.05, 5735.12, 5735.145, 7,717
5735.19, 5735.23, 5735.29, and 6101.16 and sections 3701.61, 7,718
3701.611, 3701.62, 3701.63, 3701.64, 3701.65, 3701.66, 3701.67, 7,719
3701.68, 3701.69, 4501.21, 4501.23, 4981.151, 4981.152, 5516.05, 7,720
5516.09, and 5735.146 of the Revised Code are hereby repealed. 7,721
Section 3. That section 5513.01 of the Revised Code, as 7,723
amended by Sub. H.B. 572 of the 121st General Assembly, be 7,724
amended to read as follows: 7,725
Sec. 5513.01. (A) All purchases of machinery, materials, 7,734
supplies, or other articles that the director of transportation 7,735
makes shall be in the manner provided in this section. In all 7,736
cases except those in which the director authorizes PROVIDES 7,737
WRITTEN AUTHORIZATION FOR purchases by district deputy directors 7,738
of transportation, all such purchases shall be made at the 7,739
central office of the department of transportation IN COLUMBUS. 7,740
Before making any purchase at that office, the director, as 7,742
provided in this section, shall give notice to bidders of the 7,743
director's intention to purchase. Where the expenditure is DOES 7,744
not more than five hundred dollars EXCEED THE AMOUNT APPLICABLE 7,746
TO THE PURCHASE OF SUPPLIES SPECIFIED IN DIVISION (B) OF SECTION 7,747
125.05 OF THE REVISED CODE, AS ADJUSTED PURSUANT TO DIVISION (D)
OF THAT SECTION, the director shall give such notice as the 7,750
director considers proper, or the director may make the purchase 7,751
185
without notice. Where the expenditure is more than five hundred 7,752
dollars EXCEEDS THE AMOUNT APPLICABLE TO THE PURCHASE OF SUPPLIES 7,753
SPECIFIED IN DIVISION (B) OF SECTION 125.05 OF THE REVISED CODE, 7,754
AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT SECTION, the 7,755
director shall give notice by posting for not less than ten days 7,757
a written, typed, or printed invitation to bidders on a bulletin 7,758
board, which shall be located in a place in the offices assigned 7,759
to the department and open to the public during business hours. 7,760
Producers or distributors of any product may notify the director, 7,761
in writing, of the class of articles for the furnishing of which 7,762
they desire to bid and their post-office addresses, in which case 7,763
copies of all invitations to bidders relating to the purchase of 7,764
such articles shall be mailed to such persons by the director by 7,765
regular first class mail at least ten days prior to the time 7,766
fixed for taking bids. The director also may mail copies of all 7,767
invitations to bidders to news agencies or other agencies or 7,768
organizations distributing information of this character. 7,769
Requests for invitations shall not be valid or NOR require action 7,770
by the director unless renewed, either annually or after such 7,772
shorter period as the director may prescribe by a general 7,773
regulation RULE. The invitation to bidders shall contain a brief 7,774
statement of the general character of the article that it is 7,775
intended to purchase, the approximate quantity desired, and a 7,776
statement of the time and place where bids will be received, and 7,777
may relate to and describe as many different articles as the 7,778
director thinks proper, it being the intent and purpose of this 7,779
section to authorize the inclusion in a single invitation of as 7,780
many different articles as the director desires to invite bids 7,781
upon at any given time. Invitations issued during each calendar 7,782
year shall be given consecutive numbers, and the number assigned 7,783
to each invitation shall appear on all copies thereof. In all 7,784
cases where notice is required by this section, sealed bids shall 7,785
be taken, on forms prescribed and furnished by the director, and 7,786
modification of bids after they have been opened shall not be 7,788
186
permitted.
(B) The director may permit any political subdivision and 7,791
any state university or college to participate in contracts into 7,792
which the director has entered for the purchase of machinery, 7,793
materials, supplies, or other articles. Any political 7,794
subdivision or state university or college desiring to 7,795
participate in such purchase contracts shall file with the 7,796
director a certified copy of the ordinance or resolution of its 7,797
legislative authority, board of trustees, or other governing 7,798
board requesting authorization to participate in such contracts 7,799
and agreeing to be bound by such terms and conditions as the 7,800
director prescribes. Purchases made by political subdivisions or 7,801
state universities or colleges under this division are exempt 7,802
from any competitive bidding required by law for the purchase of 7,803
machinery, materials, supplies, or other articles. 7,804
(C) As used in this section: 7,806
(1) "Political subdivision" means any county, township, 7,808
municipal corporation, conservancy district, township park 7,809
district, park district created under Chapter 1545. of the 7,810
Revised Code, port authority, regional transit authority, 7,811
regional airport authority, regional water and sewer district, or 7,812
county transit board. 7,813
(2) "State university or college" has the same meaning as 7,815
in division (A)(1) of section 3345.32 of the Revised Code. 7,816
Section 4. That all existing versions of section 5513.01 7,818
of the Revised Code are hereby repealed. 7,819
Section 5. Section 5513.01 of the Revised Code, as amended 7,821
within the purview of Sections 6 and 7 of this act, is subject to 7,822
the referendum. Therefore, under Ohio Constitution, Article II, 7,823
Section 1d and section 1.471 of the Revised Code, the section as 7,824
amended takes effect on March 4, 1998, or the ninety-first day 7,825
after this act is filed with the Secretary of State, whichever is 7,826
later. If, however, a referendum petition is filed against the
section as amended, the section as amended, unless rejected at 7,827
187
the referendum, takes effect at the earliest time permitted by 7,828
law that is on or after the effective date specified in the 7,829
preceding sentence.
Section 6. Except as otherwise provided, all appropriation 7,831
line items (ALI) in this act are hereby appropriated out of any 7,832
moneys in the state treasury to the credit of the designated 7,833
fund, which are not otherwise appropriated. For all 7,834
appropriations made in this act, those amounts in the first 7,835
column are for fiscal year 1998 and those amounts in the second 7,836
column are for fiscal year 1999. 7,837
Section 7. DOT DEPARTMENT OF TRANSPORTATION 7,839
FND ALI ALI TITLE FY 1998 FY 1999 7,841
Transportation Planning and Research 7,843
Highway Operating Fund Group 7,845
002 771-411 Planning and Research 7,848
- State $ 14,033,200 $ 12,750,200 7,850
002 771-412 Planning and Research 7,852
- Federal $ 15,607,900 $ 15,514,200 7,854
TOTAL HOF Highway Operating 7,855
Fund Group $ 29,641,100 $ 28,264,400 7,858
TOTAL ALL BUDGET FUND GROUPS - 7,859
Transportation Planning 7,860
and Research $ 29,641,100 $ 28,264,400 7,863
Highway Construction 7,864
Highway Operating Fund Group 7,866
002 772-421 Highway Construction 7,868
- State $ 437,272,875 $ 446,175,412 7,870
002 772-422 Highway Construction 7,872
- Federal $ 539,992,100 $ 541,035,800 7,874
002 772-424 Highway Construction 7,876
- Other $ 25,000,000 $ 25,000,000 7,878
212 770-005 Infrastructure Debt 7,880
Service - Federal $ 6,500,000 $ 10,550,000 7,882
212 772-423 Infrastructure Lease 7,884
188
Payments - Federal $ 12,900,000 $ 12,900,000 7,886
212 772-426 Highway 7,888
Infrastructure Bank -
Federal $ 17,000,000 $ 27,000,000 7,890
212 772-427 Highway 7,892
Infrastructure Bank -
State $ 5,000,000 $ 8,000,000 7,894
212 772-429 Highway 7,896
Infrastructure Bank -
Other $ 7,000,000 $ 3,350,000 7,898
TOTAL HOF Highway Operating 7,899
Fund Group $1,050,664,975 $1,074,011,212 7,902
Highway Capital Improvement Fund Group 7,904
042 772-723 Highway Construction 7,907
- Bonds $ 225,000,000 $ 215,000,000 7,909
TOTAL 042 Capital Highway 7,910
Improvement
Fund Group $ 225,000,000 $ 215,000,000 7,913
Infrastructure Bank Obligations 7,914
Fund Group
045 772-428 Highway 7,916
Infrastructure Bank -
Bonds $ 50,000,000 $ 40,000,000 7,918
TOTAL 045 Infrastructure Bank 7,919
Obligations Fund Group $ 50,000,000 $ 40,000,000 7,922
TOTAL ALL BUDGET FUND GROUPS - 7,923
Highway Construction $1,325,664,975 $1,329,011,212 7,926
Highway Maintenance 7,928
Highway Operating Fund Group 7,930
002 773-431 Highway Maintenance - 7,933
State $ 311,356,900 $ 313,925,600 7,935
TOTAL HOF Highway Operating 7,936
Fund Group $ 311,356,900 $ 313,925,600 7,939
TOTAL ALL BUDGET FUND GROUPS - 7,943
189
Highway Maintenance $ 311,356,900 $ 313,925,600 7,946
Intermodal Transportation 7,949
State Special Revenue Fund Group 7,951
4Y2 774-444 Congestion Mitigation 7,954
Revolving Fund $ 50,000 $ 50,000 7,956
TOTAL SSR State Special Revenue $ 50,000 $ 50,000 7,958
Fund Group
TOTAL ALL BUDGET FUND GROUPS - 7,959
Intermodal Transportation $ 50,000 $ 50,000 7,962
Public Transportation 7,965
Highway Operating Fund Group 7,966
002 775-452 Public Transportation 7,969
- Federal $ 39,600,000 $ 39,600,000 7,971
002 775-454 Public Transportation 7,973
- Other $ 1,250,000 $ 1,250,000 7,975
002 775-459 Elderly and Disabled 7,977
Special Equipment -
Federal $ 3,740,000 $ 3,740,000 7,979
212 775-406 Transit 7,981
Infrastructure Bank -
Federal $ 6,000,000 $ 5,000,000 7,983
212 775-407 Transit 7,985
Infrastructure Bank -
State $ 0 $ 1,000,000 7,987
212 775-408 Transit 7,989
Infrastructure Bank -
Other $ 2,000,000 $ 1,000,000 7,991
TOTAL HOF Highway Operating 7,992
Fund Group $ 52,590,000 $ 51,590,000 7,995
TOTAL ALL BUDGET FUND GROUPS - 7,998
Public Transportation $ 52,590,000 $ 51,590,000 8,001
Rail Transportation 8,003
Highway Operating Fund Group 8,005
002 776-462 Grade Crossings - 8,008
190
Federal $ 15,000,000 $ 15,000,000 8,010
TOTAL HOF Highway Operating 8,011
Fund Group $ 15,000,000 $ 15,000,000 8,014
State Special Revenue Fund Group 8,017
4N4 776-661 Rail Transportation - 8,020
State $ 5,392,000 $ 5,388,000 8,022
4N4 776-663 Panhandle Lease 8,024
Payments $ 758,000 $ 762,000 8,026
4N4 776-664 Rail Transportation - 8,028
Other $ 500,000 $ 500,000 8,030
TOTAL SSR State Special Revenue 8,031
Fund Group $ 6,650,000 $ 6,650,000 8,034
Federal Special Revenue Fund Group 8,037
3B9 776-662 Rail Transportation - 8,040
Federal $ 1,000,000 $ 1,000,000 8,042
TOTAL FED Federal Special Revenue 8,043
Fund Group $ 1,000,000 $ 1,000,000 8,046
TOTAL ALL BUDGET FUND GROUPS - 8,047
Rail Transportation $ 22,650,000 $ 22,650,000 8,050
Aviation 8,053
Highway Operating Fund Group 8,055
002 777-472 Airport Improvements 8,058
- Federal $ 405,000 $ 405,000 8,060
002 777-475 Aviation 8,062
Administration $ 4,001,984 $ 4,044,108 8,064
213 777-477 Aviation 8,066
Infrastructure Bank -
State $ 1,000,000 $ 1,000,000 8,068
TOTAL HOF Highway Operating 8,069
Fund Group $ 5,406,984 $ 5,449,108 8,072
TOTAL ALL BUDGET FUND GROUPS - 8,073
Aviation $ 5,406,984 $ 5,449,108 8,076
Administration 8,079
191
Highway Operating Fund Group 8,081
002 779-491 Administration - 8,084
State $ 111,020,200 $ 107,292,600 8,086
4T5 770-609 ODOT Memorial $ 20,000 $ 0 8,090
TOTAL HOF Highway Operating 8,091
Fund Group $ 111,040,200 $ 107,292,600 8,094
TOTAL ALL BUDGET FUND GROUPS - 8,095
Administration $ 111,040,200 $ 107,292,600 8,098
Debt Service 8,101
Highway Operating Fund Group 8,103
002 770-003 Administration - 8,106
State - Debt Service $ 16,420,000 $ 19,567,000 8,108
TOTAL HOF Highway Operating 8,109
Fund Group $ 16,420,000 $ 19,567,000 8,112
TOTAL ALL BUDGET FUND GROUPS - 8,113
Debt Service $ 16,420,000 $ 19,567,000 8,116
TOTAL Department of Transportation 8,119
TOTAL HOF Highway Operating 8,121
Fund Group $1,592,120,159 $1,615,099,920 8,124
TOTAL 042 Highway Capital 8,125
Improvement Fund Group $ 225,000,000 $ 215,000,000 8,128
TOTAL 045 Infrastructure Bank 8,129
Obligations Fund Group $ 50,000,000 $ 40,000,000 8,132
TOTAL SSR State Special Revenue 8,133
Fund Group $ 6,700,000 $ 6,700,000 8,136
TOTAL FED Federal Special Revenue 8,137
Fund Group $ 1,000,000 $ 1,000,000 8,140
TOTAL ALL BUDGET FUND GROUPS $1,874,820,159 $1,877,799,920 8,143
Section 7.01. Issuance of Bonds 8,146
The Commissioners of the Sinking Fund, upon the request of 8,148
the Director of Transportation, are hereby authorized to issue 8,149
and sell, in accordance with the provisions of Section 2m of 8,150
Article VIII, Ohio Constitution, and sections 5528.51 and 5528.56 8,151
of the Revised Code, obligations, including bonds and notes, of 8,152
192
the State of Ohio in the aggregate amount of $320,000,000 of
original issuance obligations. 8,153
The obligations shall be dated, issued, and sold from time 8,155
to time in such amounts as may be necessary to provide sufficient 8,156
moneys to the credit of the Highway Capital Improvement Fund 8,157
(Fund 042) created by section 5538.53 of the Revised Code to pay 8,158
costs charged to the fund when due as estimated by the Director 8,159
of Transportation, provided, however, that such obligations shall
be issued and sold at such time or times so that not more than 8,160
$220,000,000 original principal amount of obligations, plus the 8,161
principal amount of obligations that in prior fiscal years could 8,162
have been, but were not issued within the $220,000,000 limit, may 8,163
be issued in any fiscal year, and not more than $1,200,000,000 8,164
original principal amount of obligations issued pursuant to 8,165
Section 2m of Article VIII, Ohio Constitution, and sections
5528.51 and 5528.56 of the Revised Code are outstanding at any 8,166
one time.
Bond Funds Transfer 8,168
The Director of Budget and Management may cancel 8,170
encumbrances associated with Highway Obligations Construction 8,171
Fund (Fund 041) appropriations and reestablish such encumbrances 8,172
or parts of encumbrances as needed in fiscal year 1998 in the 8,173
Highway Capital Improvement Fund (Fund 042) appropriation item 8,174
772-723, Highway Construction - Bonds, for the same purpose and
to the same vendor. As determined by the Director, the 8,175
appropriation authority necessary to reestablish such 8,176
encumbrances in fiscal year 1998 in Fund 042 is hereby 8,177
authorized. The Director shall reduce each year's appropriation
balances by the amount of the encumbrances cancelled in its 8,178
respective line item. As determined by the Director, any cash 8,179
balance remaining in Fund 041 may be transferred to Fund 042. 8,180
Section 7.02. Major New Construction 8,182
For major new highway construction projects, the Department 8,184
of Transportation shall use at least $314,500,000 in fiscal year 8,185
193
1998 and at least $252,500,000 in fiscal year 1999 from all 8,186
available sources.
Section 7.03. Maintenance Interstate Highways 8,188
The Director of Transportation may remove snow and ice, and 8,190
maintain, repair, improve, or provide lighting upon interstate 8,191
highways which are located within the boundaries of municipal 8,192
corporations, adequate to meet the requirements of federal law. 8,194
When agreed in writing by the director and the legislative
authority of a municipal corporation, and notwithstanding 8,195
sections 125.01 and 125.11 of the Revised Code, the Department of 8,196
Transportation may reimburse the municipal corporation for all or 8,197
any part of the costs, as provided by such agreement, incurred by 8,198
the municipal corporation maintaining, repairing, lighting, and 8,199
removing snow and ice from the interstate system. 8,200
Section 7.04. Transfer of Appropriations - Planning and 8,202
Research, Highway Construction, Maintenance and Administration 8,203
The Director of Budget and Management may approve requests 8,205
from the Department of Transportation, for transfer of funds 8,206
among the appropriations for highway planning and research (line 8,207
items 771-411 and 771-412), highway construction (line items 8,208
772-421, 772-422, and 772-424), highway maintenance (line item 8,209
773-431), and highway administration (line item 779-491). 8,211
Transfers between appropriation items shall be made upon the 8,213
written request of the Director of Transportation with the 8,214
approval of the Director of Budget and Management. Such 8,215
transfers shall be reported to the Controlling Board at the next 8,216
regularly scheduled meeting of the board. 8,217
This transfer language is intended to provide for emergency 8,219
situations and flexibility to meet unforeseen conditions that 8,220
could arise during the budget period. This will also allow the 8,221
Department to optimize the use of available resources, and adjust 8,222
to circumstances affecting the obligation and expenditure of 8,223
federal funds. 8,224
Transfer of Appropriations - State Infrastructure Bank 8,226
194
The Director of Budget and Management may approve requests 8,228
from the Department of Transportation for transfer of funds among 8,229
the appropriations of the Infrastructure Bank funds created in 8,230
section 5531.09 of the Revised Code, including transfers between 8,231
fiscal years 1998 and 1999. Such transfers shall be reported to 8,232
the Controlling Board at the next regularly scheduled meeting of 8,233
the board. However, the Director may not make transfers out of
debt service and lease payment line items unless the Director 8,234
determines that the appropriated amounts exceed the actual and 8,235
projected debt, rental, or lease payments. 8,236
The Director of Budget and Management may approve requests 8,238
from the Department of Transportation for transfer of funds from 8,239
appropriations of the Highway Operating Fund (Fund 002) to 8,240
appropriations of the Infrastructure Bank funds created in 8,241
section 5531.09 of the Revised Code. Such transfers shall be
reported to the Controlling Board at the next regularly scheduled 8,242
meeting of the board. However, the Director may not make 8,243
transfers between modes and transfers between different funding 8,244
sources. 8,245
Transfer of Appropriations - Public Transportation 8,247
The Director of Budget and Management may approve requests 8,249
from the Department of Transportation for transfer of funds 8,250
between appropriation item 775-451, Public Transportation - 8,251
State, and 775-456, Public Transportation - Discretionary 8,252
Capital.
Increase Appropriation Authority - State Funds 8,254
In the event that revenues or unexpended balances, credited 8,256
to the Highway Operating Fund, exceed the estimates upon which 8,257
the appropriations have been made in this act, the Director of 8,258
Transportation may submit a request to the Controlling Board for 8,259
increased appropriation authority in the same manner as 8,260
prescribed in section 131.35 of the Revised Code. Such 8,262
additional revenues or unexpended balances are hereby 8,263
appropriated to the Department of Transportation when authorized 8,264
195
by the Controlling Board.
Increase Appropriation Authority - Federal and Local Funds 8,267
In the event that receipts or unexpended balances credited 8,269
to the Highway Operating Fund, or apportionments or allocations 8,270
made available from the federal and local government exceed the 8,271
estimates upon which the appropriations have been made in this 8,273
act, such excess is hereby appropriated and may be added to the 8,275
appropriate item or items when requested by the Director of 8,276
Transportation and approved by the Director of Budget and 8,277
Management and the Controlling Board.
Reappropriations 8,279
All appropriations of the Highway Operating Fund (Fund 002) 8,281
and the Highway Capital Improvement Fund (Fund 042) remaining 8,282
unencumbered on June 30, 1997, and the unexpended balance of 8,284
prior years' appropriations that subsequently become unencumbered 8,285
after June 30, 1997, subject to the availability of revenue as 8,287
determined by the Director of Transportation, are hereby 8,288
reappropriated for the same purpose in fiscal year 1998 upon the 8,289
request of the Director of Transportation with the approval of 8,291
the Director of Budget and Management. Such reappropriations 8,292
shall be reported to the Controlling Board at the next regularly 8,293
scheduled meeting of the board.
All appropriations of the Highway Operating Fund (Fund 002) 8,295
and the Highway Capital Improvement Fund (Fund 042) in this act 8,296
remaining unencumbered as of June 30, 1998, are reappropriated 8,297
for use during fiscal year 1999 for the same purpose. The 8,298
department shall report all such reappropriations to the 8,300
Controlling Board.
Section 7.05. Public Access Roads for State Facilities 8,302
Of the foregoing appropriation item 772-421, Highway 8,304
Construction - State, $2,965,000 is to be used each fiscal year 8,305
during the 1997-1999 biennium by the Department of Transportation 8,306
for the construction, reconstruction, or maintenance of public 8,307
access roads, including support features, to and within state 8,308
196
facilities owned or operated by the Department of Natural 8,309
Resources, as requested by the Director of Natural Resources. 8,310
Notwithstanding section 5511.06 of the Revised Code, of the 8,312
foregoing appropriation item 772-421, Highway Construction - 8,313
State, $2,100,000 in each fiscal year of the 1997-1999 biennium 8,314
shall be used by the Department of Transportation for the 8,315
construction, reconstruction, or maintenance of park drives or 8,316
park roads within the boundaries of metropolitan parks. 8,317
Included in the foregoing appropriation item 772-421, 8,319
Highway Construction - State, the department may perform related 8,321
road work on behalf of the Ohio Expositions Commission at the 8,322
state fairgrounds. This includes reconstruction or maintenance 8,324
of public access roads, including support features, to and within 8,326
the facilities as requested by the commission and approved by the 8,327
Director of Transportation. 8,328
Liquidation of Unforeseen Liabilities 8,330
Any appropriation made to the Department of Transportation, 8,332
Highway Operating Fund, not otherwise restricted by law, is 8,333
available to liquidate unforeseen liabilities arising from 8,335
contractual agreements of prior years when the prior year 8,336
encumbrance is insufficient. 8,337
Congestion Mitigation 8,339
The foregoing appropriation item 774-444, Congestion 8,341
Mitigation Revolving Fund, shall be used to make loans or grants 8,342
for the construction, reconstruction, resurfacing, restoring, 8,343
rehabilitation, or replacement of public or private 8,344
transportation facilities as eligible under United States Code, 8,345
Title XXIII. Fund revenues shall include, but are not limited
to, payments received from any public or private agency in 8,346
repayment of a loan previously made from the fund or pursuant to 8,347
23 U.S.C. 129(a)(7) or successor legislation; interest or other 8,348
income earned on the investment of moneys in the fund; and any 8,349
additional moneys made available from any sources, public or
private, for the purposes for which the fund has been 8,350
197
established.
Lease Payments 8,352
Within the Rail Development Fund (4N4), the amount of the 8,354
foregoing appropriation item 776-663, Panhandle Lease Payments, 8,355
shall be used to meet scheduled payments for the Panhandle Rail 8,356
Line. The Director of Transportation shall certify to the 8,357
Director of Budget and Management any appropriations in line item 8,358
776-663, Panhandle Lease Payments, that are not needed to make 8,359
lease payments for the Panhandle Rail Line. Notwithstanding 8,360
section 127.14 of the Revised Code, the amount certified is 8,361
hereby transferred to appropriation item 776-661, Rail 8,362
Transportation - State. Such transfers shall be reported by the 8,363
Director of Transportation to the Controlling Board at the next 8,364
regularly scheduled meeting of the board. 8,365
Section 7.06. Department of Taxation 8,367
Of the foregoing appropriation item 779-491, 8,369
Administration-State, $4,300,000 each fiscal year of the 8,370
1997-1999 biennium shall be transferred to the General Revenue 8,371
Fund for reimbursement of the services provided by the Department 8,373
of Taxation pursuant to sections 5728.08, 5735.26, and 5735.29 of 8,374
the Revised Code. The Director of Transportation shall make such 8,375
transfer upon the receipt of a written request from the Director 8,376
of Budget and Management. 8,377
Rental Payments - OBA 8,379
The foregoing appropriation item 770-003, Administration - 8,381
State - Debt Service, shall be used to pay rent to the Ohio 8,382
Building Authority for various capital facilities to be 8,384
constructed, reconstructed, or rehabilitated for the use of the 8,386
Department of Transportation, including the department's plant 8,387
and facilities at its central office, field districts, and county 8,388
and outpost locations. The rental payments shall be made from 8,389
revenues received from the motor vehicle fuel tax. The amounts 8,390
of any bonds and notes to finance such capital facilities shall 8,391
be at the request of the Director of Transportation. 8,392
198
Notwithstanding section 152.24 of the Revised Code, the Ohio 8,393
Building Authority may, with approval of the Office of Budget and 8,394
Management, lease capital facilities to the Department of 8,395
Transportation.
The Director of Transportation shall hold title to any land 8,397
purchased and any resulting structures that are attributable to 8,398
this appropriation item. Notwithstanding section 152.18 of the 8,400
Revised Code, the Director of Transportation shall administer any 8,402
purchase of land and any contract for construction, 8,404
reconstruction, and rehabilitation of facilities as a result of 8,405
this appropriation.
Should the appropriation and any reappropriations from 8,407
prior years in item 770-003 exceed the rental payments for fiscal 8,408
years 1998 or 1999, then prior to June 30, 1999, the balance may 8,409
be transferred to either item 772-421, 773-431, or 779-491. Such 8,411
transfer shall be requested by the Director of Transportation 8,412
with approval by the Director of Budget and Management. 8,413
Transfers shall be reported to the Controlling Board at the next 8,414
regularly scheduled meeting of the board. 8,415
Section 7.07. Public Transportation Highway Purpose Grants 8,417
The Director of Transportation is authorized to use funds 8,419
from the state motor vehicle fuel tax to match approved federal 8,421
grants awarded to the Department of Transportation, regional 8,423
transit authorities, or eligible public transportation systems, 8,425
for public transportation highway purposes, or to support local 8,426
or state funded projects for public transportation highway 8,427
purposes. Public transportation highway purposes include: the 8,429
construction or repair of high occupancy vehicle traffic lanes; 8,431
the acquisition or construction of park-and-ride facilities; the 8,433
acquisition or construction of public transportation vehicle 8,435
loops; the construction or repair of bridges used by public 8,437
transportation vehicles or which are the responsibility of a 8,438
regional transit authority or other public transportation system; 8,439
or other similar construction which is designated as an eligible 8,441
199
public transportation highway purpose. These motor vehicle fuel 8,443
tax revenues may not be used for operating assistance or for the 8,444
purchase of vehicles, equipment, or maintenance facilities. 8,445
Section 7.08. Columbiana County Port Authority 8,447
The earmark for the Columbiana County Port Authority in Am. 8,449
Sub. S.B. 310 of the 121st General Assembly shall be used for the 8,450
Wellsville Intermodel Facility. 8,451
Section 8. DHS DEPARTMENT OF PUBLIC SAFETY 8,453
Highway Safety Information and Education 8,454
State Highway Safety Fund Group 8,456
036 761-321 Operating Expense - 8,459
Information and
Education $ 3,104,533 $ 3,105,715 8,461
036 761-402 Traffic Safety Match $ 277,137 $ 277,137 8,465
831 761-610 Information and 8,467
Education - Federal $ 473,835 $ 486,625 8,469
83N 761-611 Elementary School 8,471
Seat Belt Program $ 343,255 $ 352,790 8,473
832 761-612 Traffic 8,475
Safety-Federal $ 11,600,000 $ 11,600,000 8,477
844 761-613 Seat Belt Education 8,479
Program $ 205,000 $ 204,050 8,481
846 761-625 Motorcycle Safety 8,483
Education $ 1,344,020 $ 1,383,438 8,485
847 761-622 Film Production 8,487
Reimbursement $ 40,766 $ 41,906 8,489
TOTAL HSF State Highway Safety 8,490
Fund Group $ 17,388,546 $ 17,451,661 8,493
TOTAL ALL BUDGET FUND GROUPS - 8,494
Highway Safety Information 8,495
and Education $ 17,388,546 $ 17,451,661 8,498
Traffic Safety Grant Program 8,501
Of the foregoing appropriation item 761-321, Operating 8,503
Expense - Information and Education, up to $100,000 in fiscal 8,504
200
year 1998 and up to $100,000 in fiscal year 1999 shall be used by 8,506
the Department of Public Safety to fund the department's Traffic 8,507
Safety Grant Program. The department shall develop necessary 8,508
criteria to administer the program. The award of grants 8,509
resulting from this program shall be made as subsidy payments to 8,510
participants selected by the Department of Public Safety. 8,512
Federal Highway Safety Program Match 8,514
The foregoing appropriation item 761-402, Traffic Safety 8,516
Match, shall be used to provide the nonfederal portion of the 8,517
federal Highway Safety Program. Upon request by the Director of 8,518
Public Safety and approval by the Director of Budget and 8,519
Management, appropriation item 761-402 shall be used to transfer 8,520
funds from the Highway Safety Fund to the Traffic Safety - 8,521
Federal Fund (Fund 832), at the beginning of each fiscal year on 8,523
an intrastate transfer voucher. 8,524
Film Production Reimbursement 8,526
The foregoing appropriation item 761-622, Film Production 8,528
Reimbursement, shall be used by the Division of Administration of 8,529
the Department of Public Safety for the purpose of providing a 8,531
method of collection from other state agencies for services and 8,533
supplies provided for production of public service announcements 8,534
and training materials. These funds shall be expended only for 8,536
supplies and the maintenance of equipment necessary to perform 8,538
such services.
Section 8.01. Bureau of Motor Vehicles 8,539
State Special Revenue Fund Group 8,541
4U0 762-638 Collegiate License 8,544
Plate Program $ 231,094 $ 237,565 8,546
4U2 762-641 Pro Football Hall of 8,548
Fame License Plate
Program $ 240,552 $ 247,287 8,550
539 762-614 Motor Vehicle Dealers 8,552
Board $ 210,752 $ 216,615 8,554
TOTAL SSR State Special Revenue 8,555
201
Fund Group $ 682,398 $ 701,467 8,558
State Highway Safety Fund Group 8,562
4W4 762-321 Operating Expense-BMV $ 54,521,811 $ 55,369,485 8,567
4W4 762-410 License Supplement $ 22,637,024 $ 23,261,528 8,571
83E 762-632 Central Registration 8,573
Fund $ 8,578,095 $ 8,815,058 8,575
83L 762-636 Facility Rentals $ 591,100 $ 607,651 8,579
83R 762-639 Law Enforcement 8,581
Reimbursement $ 1,200,000 $ 1,233,600 8,583
835 762-616 Financial 8,585
Responsibility
Compliance $ 5,117,883 $ 5,249,359 8,587
849 762-627 Automated Title 8,589
Processing Board $ 8,802,254 $ 11,273,129 8,591
TOTAL HSF State Highway Safety 8,592
Fund Group $ 101,448,167 $ 105,809,810 8,595
TOTAL ALL BUDGET FUND GROUPS - 8,596
Bureau of Motor Vehicles $ 102,130,565 $ 106,511,277 8,599
Motor Vehicle Registrations 8,602
The Registrar of the Bureau of Motor Vehicles may deposit 8,604
revenues equal to any estimated deficiency in the State Bureau of 8,605
Motor Vehicles Fund (Fund 4W4) established in section 4501.25 of 8,606
the Revised Code, obtained pursuant to sections 4503.02 and 8,607
4504.02 of the Revised Code to support in part appropriations for 8,609
operating expenses and to defray the cost of manufacturing and 8,610
distributing license plates and license plate stickers and 8,611
enforcing the law relative to the operation and registration of 8,612
motor vehicles. Notwithstanding the provisions of section 8,613
4501.03 of the Revised Code, the above amount shall be paid into 8,614
the State Bureau of Motor Vehicles Fund before any revenues 8,615
obtained pursuant to sections 4503.02 and 4504.02 of the Revised 8,616
Code are paid into any other fund. The deposit of revenues to 8,618
meet the aforementioned deficiency shall be in approximate equal 8,619
202
amounts on a monthly basis or as otherwise determined by the 8,620
Director of Budget and Management pursuant to a plan submitted by 8,621
the Registrar of the Bureau of Motor Vehicles.
Special Plates Funds 8,623
As of December 1, 1997, all revenue and uses previously 8,624
ascribed to the Lake Erie License Plate Fund (Fund 4U1), line 8,625
item 762-640, including all assets and obligations, and the 8,626
Scenic Rivers License Plate Fund (Fund 4U3), line item 762-642, 8,627
including all assets and obligations, shall be assumed by the
State Bureau of Motor Vehicles Fund (Fund 4W4), line item 8,628
762-410, License Supplement. 8,629
Before December 1, 1997, the Registrar of Motor Vehicles 8,630
shall certify to the Director of Budget and Management the 8,631
revenues and uses, including assets and obligations, of the 8,632
Collegiate License Plate Fund (Fund 4U0), line item 762-638, that 8,633
are related to the ten-dollar OBMV fee referred to in section 8,634
4503.51 of the Revised Code. Such revenue and uses shall be
assumed by Fund 4W4, line item 762-410, License Supplement. 8,635
Before December 1, 1997, the Registrar shall certify to the 8,637
Director of Budget and Management the revenues and uses, 8,638
including assets and obligations, of the Pro Football Hall of 8,639
Fame License Plate Fund (Fund 4U2), line item 762-641, that are 8,640
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 8,641
Fund 4W4, line item 762-410, License Supplement. 8,642
Credit Card Program 8,644
Notwithstanding any provisions of law to the contrary, the 8,646
Department of Public Safety may request Controlling Board 8,647
approval to increase the appropriation authority for Fund 4W4 8,649
line item 762-321, Operating Expense-Bureau of Motor Vehicles, 8,651
should the Credit Card Payment Program as prescribed in Sub. S.B. 8,653
338 of the 118th General Assembly be reinstated. 8,655
Capital Projects 8,657
The Registrar of Motor Vehicles may transfer revenue from 8,661
203
the State Bureau of Motor Vehicles Fund (Fund 4W4) to the State 8,662
Highway Safety Fund (Fund 036) to meet its obligations for 8,663
capital projects CIR-047, Department of Public Safety Office 8,664
Building, and CIR-049, Warehouse Facility. 8,665
Section 8.02. Enforcement 8,666
State Highway Safety Fund Group 8,667
036 764-033 Minor Capital 8,670
Projects $ 1,580,366 $ 1,626,653 8,672
036 764-321 Operating Expense - 8,674
Highway Patrol $ 146,441,857 $ 151,325,653 8,676
83C 764-630 Contraband, 8,678
Forfeiture, Other $ 538,872 $ 552,987 8,680
83F 764-657 Law Enforcement Auto. 8,682
Data System $ 4,504,514 $ 4,628,413 8,684
83G 764-633 OMVI Fines $ 682,500 $ 682,500 8,688
831 764-610 Patrol/Federal $ 1,842,299 $ 1,889,326 8,692
831 764-659 Transportation 8,694
Enforcement - Federal $ 2,233,985 $ 2,290,057 8,696
837 764-602 Turnpike Policing $ 7,456,845 $ 7,647,183 8,700
838 764-606 Patrol Reimbursement $ 275,000 $ 275,000 8,704
840 764-607 State Fair Security $ 1,195,932 $ 1,220,451 8,708
840 764-617 Security and 8,710
Investigations $ 3,536,100 $ 3,616,597 8,712
840 764-626 State Fairgrounds 8,714
Police Force $ 655,271 $ 671,946 8,716
841 764-603 Salvage and Exchange 8,718
- Highway Patrol $ 1,126,644 $ 1,155,410 8,720
TOTAL HSF State Highway Safety 8,721
Fund Group $ 172,070,205 $ 177,582,176 8,724
General Services Fund Group 8,727
452 764-660 MARCS Maintenance $ 193,577 $ 383,369 8,732
TOTAL GSF General Services 8,733
Fund Group $ 193,577 $ 383,369 8,736
TOTAL ALL BUDGET FUND GROUPS - 8,737
204
Enforcement $ 172,263,782 $ 177,965,545 8,740
Collective Bargaining Increases 8,743
Notwithstanding division (D) of section 127.14 and division 8,745
(B) of section 132.35 of the Revised Code, except for the General 8,746
Revenue Fund, the Controlling Board may, upon the request of 8,748
either the Director of Budget and Management, or the Department 8,749
of Public Safety with the approval of the Director of Budget and 8,751
Management, increase appropriations for any fund, as necessary 8,753
for the Department of Public Safety, to assist in paying the 8,754
costs of increases in employee compensation that have occurred 8,756
that are provided pursuant to Collective Bargaining agreements 8,757
under Chapter 4117. of the Revised Code and, for exempt 8,758
employees, under section 124.152 of the Revised Code. 8,759
Section 8.03. Emergency Medical Services 8,761
State Highway Safety Fund Group 8,763
83M 765-624 Emergency Medical 8,766
Services $ 1,300,465 $ 1,334,226 8,768
83P 765-637 EMS Grants $ 3,000,000 $ 3,000,000 8,772
831 765-610 EMS/Federal $ 250,000 $ 250,000 8,776
TOTAL HSF State Highway Safety 8,777
Fund Group $ 4,550,465 $ 4,584,226 8,780
TOTAL ALL BUDGET FUND GROUPS - 8,781
Emergency Medical Services $ 4,550,465 $ 4,584,226 8,784
Section 8.04. Special Enforcement 8,787
State Highway Safety Fund Group 8,789
831 767-610 Liquor Enforcement - 8,793
Federal $ 50,000 $ 50,000 8,795
831 769-610 Food Stamp 8,797
Trafficking
Enforcement - Federal $ 702,871 $ 721,222 8,799
TOTAL HSF State Highway Safety 8,800
Fund Group $ 752,871 $ 771,222 8,803
Liquor Control Fund Group 8,806
043 767-321 Liquor Enforcement - 8,809
205
Operations $ 7,582,426 $ 7,775,467 8,811
TOTAL LCF Liquor Control Fund 8,812
Group $ 7,582,426 $ 7,775,467 8,815
State Special Revenue Fund Group 8,818
4M3 769-656 Food Stamp 8,821
Contraband,
Forfeiture, and Other $ 50,000 $ 50,000 8,823
863 767-643 Liquor Enforcement 8,825
Contraband,
Forfeiture, and Other $ 308,393 $ 317,018 8,827
TOTAL SSR State Special Revenue 8,828
Fund Group $ 358,393 $ 367,018 8,831
TOTAL ALL BUDGET FUND GROUPS - 8,832
Special Enforcement $ 8,693,690 $ 8,913,707 8,835
Section 8.05. Emergency Management 8,838
Federal Special Revenue Fund Group 8,840
3N5 763-644 U.S. DOE Agreement $ 250,843 $ 255,545 8,846
329 763-645 IFG Federal 8,848
Match/NOAA $ 750,000 $ 750,000 8,850
337 763-609 Federal Disaster 8,852
Relief $ 750,000 $ 750,000 8,854
338 763-646 Direction, Control 8,856
and Warning $ 175,000 $ 175,000 8,858
339 763-647 Emergency Management 8,860
Assistance and
Training $ 3,743,176 $ 3,754,639 8,862
347 763-650 Emergency Operating 8,864
Centers $ 750,000 $ 750,000 8,866
TOTAL FED Federal Special 8,867
Revenue Fund Group $ 6,419,019 $ 6,435,184 8,870
General Services Fund Group 8,873
4V3 763-662 Storms/NOAA 8,876
Maintenance $ 57,000 $ 57,000 8,878
4W6 763-663 MARCS Operations $ 222,000 $ 1,090,000 8,882
206
533 763-601 State Disaster Relief $ 336,452 $ 345,673 8,886
TOTAL GSF General Services 8,887
Fund Group $ 615,452 $ 1,492,673 8,890
State Special Revenue Fund Group 8,893
4Y0 763-654 EMA Utility Payment $ 140,000 $ 140,000 8,899
4Y1 763-655 Salvage & 8,901
Exchange-EMA $ 25,700 $ 26,420 8,903
538 763-651 Radiological 8,905
Emergency Response $ 518,496 $ 532,074 8,907
657 763-652 Utility Radiological 8,909
Safety $ 541,156 $ 555,236 8,911
681 763-653 SARA Title III HAZMAT 8,913
Planning $ 227,446 $ 227,446 8,915
TOTAL SSR State Special Revenue 8,916
Fund Group $ 1,452,798 $ 1,481,176 8,918
TOTAL ALL BUDGET FUND GROUPS - 8,919
Emergency Management $ 8,487,269 $ 9,409,033 8,922
Federal Grant 8,925
As determined by the Director of Budget and Management, any 8,927
portion of the Emergency Management State and Local Assistance 8,928
federal grant which would otherwise reimburse the General Revenue 8,929
Fund for expenses incurred by the Emergency Management Agency in 8,930
fiscal year 1997, may be deposited in Emergency Management's 8,931
Personnel Administration Subdivisions Fund (Fund 339) so that the
fund may avoid cash flow problems in the 1997-1999 biennium. 8,932
MARCS Fund Transfer 8,934
In the event that the Emergency Management Agency is not 8,936
designated by the Director of the Department of Administrative 8,937
Services as the agency to operate the Multi Agency Radio 8,938
Communications System (MARCS), the Director of Budget and 8,939
Management with the concurrence of the Director of Public Safety
and the approval of the Controlling Board, shall transfer the 8,940
MARCS System Operations Fund (Fund 4W6) and line item 763-663, 8,941
MARCS Operations, from the Emergency Management Agency to the 8,942
207
state agency that is designated by the Director of Administrative 8,943
Services as the caretaker of the operation of the Multi Agency
Radio Communication System. 8,944
SARA Title III HAZMAT Planning 8,946
The SARA Title III HAZMAT Planning Fund (Fund 681) shall 8,948
receive grant funds from the Emergency Response Commission to 8,949
implement the Emergency Management Agency's responsibilities 8,950
under Sub. S.B. 367 of the 117th General Assembly.
Federal Reimbursement Agreements 8,952
Notwithstanding any other provision of law to the contrary, 8,954
in the event that changes in federal reimbursement agreements 8,955
require additional resources to be expended by the state prior to 8,956
the receipt of federal reimbursement, the Director of Budget and 8,957
Management may, upon request of the Director of Public Safety, 8,958
transfer appropriation authority between General Revenue Fund
line items and may use general services and state special revenue 8,959
funds for this purpose in fiscal year 1998. 8,960
Section 8.06. Administration 8,962
State Highway Safety Fund Group 8,964
036 766-321 Operating Expense - 8,967
Administration $ 3,320,029 $ 3,317,217 8,969
830 761-603 Salvage and Exchange 8,971
- Administration $ 19,563 $ 20,111 8,973
TOTAL HSF State Highway Safety 8,974
Fund Group $ 3,339,592 $ 3,337,328 8,977
General Services Fund Group 8,980
4S3 766-661 Hilltop Utility 8,983
Reimbursement $ 1,000,000 $ 1,500,000 8,985
5C7 762-664 Data Services $ 4,933,326 $ 4,787,971 8,988
5C8 764-665 Hilltop Security $ 868,051 $ 902,304 8,992
TOTAL GSF General Services 8,993
Fund Group $ 6,801,377 $ 7,190,275 8,996
TOTAL ALL BUDGET FUND GROUPS - 8,997
Administration $ 10,140,969 $ 10,527,603 9,000
208
Section 8.07. Debt Service 9,003
State Highway Safety Fund Group 9,005
036 761-401 Lease Rental Payments $ 9,115,000 $ 13,339,000 9,010
TOTAL HSF State Highway Safety 9,011
Fund Group $ 9,115,000 $ 13,339,000 9,014
TOTAL ALL BUDGET FUND GROUPS - 9,015
Debt Service $ 9,115,000 $ 13,339,000 9,018
OBA Bond Authority/Lease Rental Payments 9,021
The foregoing appropriation item 761-401, Lease Rental 9,023
Payments, shall be used for payments to the Ohio Building 9,024
Authority for the period July 1, 1997, to June 30, 1999, pursuant 9,025
to the primary leases and agreements for those buildings made 9,026
under Chapter 152. of the Revised Code which are pledged for bond 9,027
service charges on related obligations issued pursuant to Chapter 9,028
152. of the Revised Code. Notwithstanding section 152.24 of the 9,029
Revised Code, the Ohio Building Authority may, with approval of 9,030
the Office of Budget and Management, lease capital facilities to 9,031
the Department of Public Safety. 9,032
Hilltop Transfer 9,034
The Director of Public Safety shall determine, per an 9,036
agreement with the Director of Transportation, the share of each 9,037
debt service payment made out of line item 761-401, Lease Rental 9,038
Payments, which relates to the Department of Transportation's 9,039
portion of the Hilltop Building Project, and shall certify to the 9,040
Director of Budget and Management the amounts of this share. The
Director of Budget and Management shall transfer such shares from 9,041
the Highway Operating Fund (Fund 002) to the Highway Safety Fund 9,042
(Fund 036).
Section 8.08. Revenue Distribution 9,044
Holding Account Redistribution Fund Group 9,046
R24 762-619 Unidentified Motor 9,049
Vehicle Receipts $ 1,600,000 $ 1,600,000 9,051
R27 764-608 Patrol Fee Refunds $ 35,000 $ 35,000 9,055
TOTAL 090 Holding Account 9,056
209
Redistribution Fund Group $ 1,635,000 $ 1,635,000 9,059
TOTAL ALL BUDGET FUND GROUPS - 9,060
Revenue Distribution $ 1,635,000 $ 1,635,000 9,063
TOTAL Department of Public Safety 9,065
TOTAL HSF State Highway Safety 9,067
Fund Group $ 308,664,846 $ 322,875,423 9,070
TOTAL SSR State Special Revenue 9,071
Fund Group $ 2,493,589 $ 2,549,661 9,074
TOTAL LCF Liquor Control 9,075
Fund Group $ 7,582,426 $ 7,775,467 9,078
TOTAL GSF General Services 9,079
Fund Group $ 7,610,406 $ 9,066,317 9,082
TOTAL FED Federal Revenue Special 9,083
Fund Group $ 6,419,019 $ 6,435,184 9,086
TOTAL 090 Holding Account 9,087
Redistribution
Fund Group $ 1,635,000 $ 1,635,000 9,090
TOTAL ALL BUDGET FUND GROUPS $ 334,405,286 $ 350,337,052 9,093
Section 8.09. Transfer of Funds 9,095
The Director of Budget and Management, pursuant to a plan 9,097
submitted by the Department of Public Safety or as otherwise 9,098
determined by the Director, shall set a monthly transfer schedule 9,099
to meet any estimated deficiency in the State Highway Safety Fund 9,100
(Fund 036) established in section 4501.06 of the Revised Code. 9,101
The Director shall transfer to the Highway Safety Fund from 9,103
the Highway Operating Fund (Fund 002) established in section 9,104
5735.291 of the Revised Code such amounts at such times as 9,105
determined by the transfer schedule. 9,106
Relocation to New Building 9,108
Notwithstanding sections 127.14 and 131.35 of the Revised 9,110
Code, the Department of Public Safety may request Controlling 9,111
Board approval to increase the appropriation for line items 9,113
761-321, Operating Expense - Information and Education; 761-612, 9,114
Traffic Safety - Federal; 761-625, Motorcycle Safety Education; 9,116
210
762-616, Financial Responsibility; 762-627, Automated Title 9,117
Processing Board; 762-632, Central Registration; 762-321,
Operating Expense - BMV; 762-410, License Supplement; 764-321, 9,119
Operating Expense - Highway Patrol; 765-624, Emergency Medical 9,120
Services; and, 766-321, Operating Expense - Administration, 9,121
during the biennium by the amount of anticipated expenses to be 9,122
incurred due to the relocation to a new physical facility which 9,124
were not included in the department's original budget submission. 9,125
Data Services Fund 9,127
Within five days of the effective date of this act, the 9,129
Director of Budget and Management shall transfer not more than 9,130
$669,877 from the Highway Safety Fund (Fund 036) and $519,086 9,131
from the Bureau of Motor Vehicles Fund (Fund 4W4) to the Data 9,132
Services Fund (Fund 5C7) to be used as seed money.
Cash Balance Fund Review 9,134
Not later than April 1 in each fiscal year of the biennium, 9,136
the Director of Budget and Management shall review the cash 9,138
balances for each fund, except the State Highway Safety Fund 9,140
(Fund 036), in the State Highway Safety Fund Group and with the 9,141
advice of the Legislative Budget Officer shall recommend to the 9,142
Controlling Board an amount to be transferred to the credit of 9,144
the State Highway Safety Fund, or the Bureau of Motor Vehicles 9,145
Fund, as appropriate.
Section 8.10. Ohio Criminal Justice Network 9,147
At any time on or after the later of July 1, 1997, or the 9,149
first day of the first pay period commencing after the effective 9,150
date of this section, the Ohio Criminal Justice Network is 9,151
transferred from the Department of Administrative Services to the 9,152
Department of Public Safety. The Department of Public Safety 9,153
thereupon and thereafter assumes these functions. 9,154
Any business commenced but not completed by the Department 9,156
of Administrative Services that relates to the operation of the 9,157
Ohio Criminal Justice Network on the effective date of this 9,158
section shall be completed by the Department of Administrative 9,159
211
Services. No validation, cure, right, privilege, remedy, 9,160
obligation, or liability is lost or impaired by reason of the 9,161
transfer required by this section and shall be administered by 9,162
the Department of Public Safety. 9,163
Subject to the layoff provisions of sections 124.321 to 9,165
124.328 of the Revised Code, all of the employees of the Ohio 9,166
Criminal Justice Network, as defined in the Memorandum of 9,167
Understanding, are transferred to the Department of Public 9,168
Safety.
Wherever any contract or other documents related to the 9,170
Ohio Criminal Justice Network refers to the Department of 9,171
Administrative Services, the references shall be deemed to refer 9,172
to the Department of Public Safety. 9,173
No action or proceeding pending on the effective date of 9,175
this section and relating to the Ohio Criminal Justice Network is 9,176
affected by the transfer, and such action or proceeding shall be 9,177
prosecuted or defended in the name of the Department of Public 9,178
Safety. In all such actions and proceedings the Department of 9,179
Public Safety shall be substituted for the Department of 9,180
Administrative Services upon application by another party to the 9,181
court or other appropriate tribunal. 9,182
The Department of Administrative Services and the 9,184
Department of Public Safety shall enter into a Memorandum of 9,185
Understanding to implement the transfer of the Ohio Criminal 9,186
Justice Network from the Department of Administrative Services to 9,187
the Department of Public Safety. This agreement shall provide 9,188
for the transfer of property and records, the cancellation and 9,189
issuance of encumbrances, a final cash reconciliation, including 9,190
payment of certain prepaid equipment costs incurred by the 9,191
Department of Administrative Services relative to this system, 9,192
and any other provision necessary for the transfer and continued 9,193
administration of the Ohio Criminal Justice Network. 9,194
After final reconciliation of revenues and expenses and in 9,196
accordance with the Memorandum of Understanding, the Department 9,197
212
of Administrative Services and the Department of Public Safety 9,198
shall determine the amount of the fund cash balance to be 9,199
transferred from the Department of Administrative Services to the 9,201
Department of Public Safety or from the Department of Public
Safety to the Department of Administrative Services. 9,202
Transfers of Balances to Ohio Criminal Justice Network 9,204
Notwithstanding any provision of law to the contrary, the 9,206
Director of Budget and Management is authorized to take the 9,207
actions as described in this section. This section applies to 9,208
budget changes made necessary by administrative reorganization, 9,210
program transfers, the creation of new funds, and the
consolidation of funds as authorized by this act. The Director 9,212
of Budget and Management may make any transfers of cash balances
between funds. At the request of the Office of Budget and 9,213
Management, the administering agency head shall certify to the 9,214
Director the amount of the cash balance to be transferred to the 9,215
receiving fund. The Director may transfer the estimated amount 9,217
when needed to make payments. No more than thirty days after 9,219
certifying the estimated amount the administering agency head 9,221
shall certify the final amount to the Director. The Director 9,222
shall transfer the difference between any estimated amount 9,223
previously transferred and such certified final amount. 9,225
The Director of Budget and Management may cancel 9,227
encumbrances and reestablish such encumbrances or parts of 9,228
encumbrances as needed in fiscal year 1998 in the appropriate 9,229
fund and appropriation line item for the same purpose and to the 9,231
same vendor. As determined by the Director, the appropriation
authority necessary to reestablish such encumbrances in fiscal 9,232
year 1998 in a different fund or appropriation line item within 9,233
an agency or between agencies is hereby authorized and 9,234
appropriated. The Director shall reduce each year's
appropriation balances by the amount of the encumbrances canceled 9,235
in their respective funds and appropriation line items. 9,236
Any fiscal year 1998 unencumbered or unalloted 9,238
213
appropriation balances may be transferred to the appropriate line 9,239
item to be used for the same purposes, as determined by the 9,240
Director of Budget and Management. 9,241
Section 9. DEV DEPARTMENT OF DEVELOPMENT 9,242
State Special Revenue Fund Group 9,244
4W0 195-629 Roadwork Development $ 14,270,000 $ 13,000,000 9,249
TOTAL SSR State Special Revenue 9,250
Fund Group $ 14,270,000 $ 13,000,000 9,253
TOTAL ALL BUDGET FUND GROUPS $ 14,270,000 $ 13,000,000 9,256
Roadwork Development Fund 9,258
The Roadwork Development Fund shall be used for road 9,260
improvements associated with economic development opportunities 9,261
that will retain or attract businesses for Ohio. "Road 9,262
improvements" are improvements to public roadway facilities
located on, or serving or capable of serving, a project site. 9,263
The Department of Transportation, under the direction of 9,265
the Department of Development, shall provide these funds in 9,266
accordance with all guidelines and requirements established for 9,267
Department of Development item 195-412, Business Development, 9,268
including Controlling Board review and approval as well as the
requirements for usage of gas tax revenue prescribed in Section 9,269
5a of Article XII, Ohio Constitution. Should the Department of 9,271
Development require the assistance of the Department of 9,272
Transportation to bring a project to completion, the Department 9,273
of Transportation shall use the authority under Title LV of the 9,274
Revised Code to provide such assistance and enter into contracts 9,275
on behalf of the Department of Development. In addition, these
funds may be used in conjunction with item 195-412, Business 9,277
Development, or any other state funds appropriated for 9,278
infrastructure improvements.
The Director of Budget and Management, pursuant to a plan 9,280
submitted by the Department of Development or as otherwise 9,281
determined by the Director, shall set a transfer schedule to meet 9,283
any estimated deficiency in the Department of Development's 9,284
214
Roadwork Development Fund (Fund 4W0). The Director shall 9,285
transfer to the Roadwork Development Fund from the Highway 9,286
Operating Fund (Fund 002), established in section 5735.291 of the 9,287
Revised Code, such amounts at such times as determined by the 9,288
transfer schedule.
Transportation Improvement District 9,290
Of the foregoing appropriation item 195-629, Roadwork 9,292
Development, $250,000 each fiscal year of the biennium shall be 9,293
paid by the Director of Development to the Butler County 9,294
Transportation Improvement District to support its administrative 9,295
activities pursuant to section 5540.16 of the Revised Code.
These payments shall not be subject to the restrictions of 9,296
appropriation item 195-629, Roadwork Development. 9,297
Section 10. DOH DEPARTMENT OF HEALTH 9,299
State Special Revenue Fund Group 9,301
4W7 440-615 Alcohol Testing and 9,304
Permit $ 708,409 $ 726,664 9,306
TOTAL SSR State Special Revenue 9,307
Fund Group $ 708,409 $ 726,664 9,310
TOTAL ALL BUDGET FUND GROUPS $ 708,409 $ 726,664 9,313
Cash Draws from Liquor Control Fund to Health 9,315
The Director of Budget and Management, pursuant to a plan 9,317
submitted by the Department of Health or as otherwise determined 9,318
by the Director, shall set a transfer schedule to meet any 9,320
estimated deficiency in the Alcohol Testing Program Fund (Fund 9,321
4W7) established in section 3701.83 of the Revised Code. 9,322
The Director shall transfer to the Alcohol Testing Program 9,324
Fund from the Liquor Control Fund (Fund 043) established in 9,326
section 4301.12 of the Revised Code such amounts at such times as 9,327
determined by the transfer schedule. 9,328
Section 11. PWC PUBLIC WORKS COMMISSION 9,330
Local Transportation Improvements Fund Group 9,332
052 150-402 LTIP - Operating $ 362,295 $ 387,817 9,337
052 150-701 Local Transportation 9,339
215
Improvement Program $ 60,000,000 $ 60,000,000 9,341
TOTAL 052 Local Transportation 9,342
Improvements Fund Group $ 60,362,295 $ 60,387,817 9,345
Local Infrastructure Improvements Fund Group 9,348
038 150-321 Operating Expenses $ 846,687 $ 912,360 9,353
TOTAL LIF Local Infrastructure 9,354
Improvements
Fund Group $ 846,687 $ 912,360 9,357
TOTAL ALL BUDGET FUND GROUPS $ 61,208,982 $ 61,300,177 9,360
District Administration Costs 9,363
The Director of the Public Works Commission is authorized 9,365
to create a District Administration Costs program from interest 9,366
earnings of the Capital Improvements Fund and Local 9,368
Transportation Improvement Program Fund proceeds. This program 9,370
shall be used to provide for administration costs of the nineteen 9,371
public works districts for the direct costs of district 9,373
administration. Districts choosing to participate in this 9,374
program shall only expend Capital Improvements Fund moneys for 9,376
Capital Improvements Fund costs and Local Transportation 9,377
Improvement Program Fund moneys for Local Transportation 9,378
Improvement Program Fund costs. The account shall not exceed 9,379
$760,000 per fiscal year. Each public works district may be
eligible for up to $40,000 per fiscal year from its district 9,380
allocation as provided in sections 164.08 and 164.14 of the 9,381
Revised Code. 9,382
The Director, by rule, shall define allowable and 9,384
nonallowable costs for the purpose of the District Administration 9,385
Costs program. Nonallowable costs shall include indirect costs, 9,386
elected official salaries and benefits, and project-specific 9,388
costs. No district public works committee may participate in the 9,389
District Administration Costs program without the approval of 9,390
those costs by the district public works committee pursuant to 9,392
section 164.04 of the Revised Code. 9,394
Reappropriations and Transfers 9,396
216
All appropriations to the Local Transportation Improvement 9,398
Program Fund (Fund 052) made in Am. Sub. H.B. 107 of the 121st 9,399
General Assembly remaining unencumbered as of June 30, 1997, are 9,400
reappropriated for use during the period July 1, 1997 through 9,401
June 30, 1999, for the same purpose. 9,402
Notwithstanding division (B) of section 127.14 of the 9,404
Revised Code, all appropriations and reappropriations to the 9,405
Local Transportation Improvement Program Fund (Fund 052) made in 9,406
this act remaining unencumbered at June 30, 1998, may be 9,408
transferred to fiscal year 1999 for the same purpose, subject to 9,410
the availability of revenue as determined by the Director of the 9,411
Public Works Commission. 9,412
The Public Works Commission shall report all 9,414
reappropriations and transfers described in this section to the 9,415
Controlling Board by August 1 of each year. 9,416
Section 12. Within the limits set forth in this act, the 9,418
Director of Budget and Management shall establish accounts 9,419
indicating the source and amount of funds for each item of 9,420
appropriation made in this act, and shall determine the form and 9,421
manner in which such appropriation accounts shall be maintained. 9,422
Expenditures from appropriations contained in this act may be 9,423
accounted as though made in the main operating appropriations act 9,425
of the 122nd General Assembly.
Section 13. That Section 104 of Am. Sub. H.B. 117 of the 9,427
121st General Assembly be amended to be read as follows: 9,428
"Sec. 104. CSF COMMISSIONERS OF THE SINKING FUND 9,430
General Revenue Fund 9,432
GRF 155-900 Debt Service $ 28,401,000 $ 30,616,000 9,437
TOTAL GRF General Revenue Fund $ 28,401,000 $ 30,616,000 9,440
Debt Service Fund Group 9,442
059 155-900 Development Bond 9,445
Retirement Fund $ 4,253,400 $ 0 9,447
071 155-900 Highway Obligations 9,449
Bond Retirement Fund $ 115,000,000 $ 115,000,000 9,451
217
072 155-900 HIGHWAY CAPITAL 9,453
IMPROVEMENTS BOND 9,454
SERVICE $ 0 $ 6,498,000 9,456
076 155-900 Coal Research and 9,458
Development Bond
Retirement Fund $ 12,641,825 $ 11,304,075 9,460
073 155-900 Natural Resources 9,462
Bond Retirement $ 7,753,000 $ 8,506,000 9,464
TOTAL DSF Debt Service Fund Group $ 139,648,225 134,810,075 9,467
$ 141,308,075 9,468
TOTAL ALL BUDGET FUND GROUPS $ 168,049,225 165,426,075 9,471
$ 171,929,075 9,472
Additional Appropriations 9,474
Appropriation items in this section are for the purpose of 9,476
paying the principal and interest on bonds or other instruments 9,477
of indebtedness of this state issued pursuant to the Ohio 9,478
Constitution and acts of the General Assembly. If it is 9,479
determined that additional appropriations are necessary, such 9,480
amounts are hereby appropriated. 9,481
HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE 9,485
APPROPRIATION ITEM 155-900, HIGHWAY CAPITAL IMPROVEMENTS 9,488
BOND SERVICE, IS TO PAY DEBT SERVICE ON HIGHWAY IMPROVEMENTS AND 9,489
IS THEREFORE A CURRENT EXPENSE OF STATE GOVERNMENT. 9,490
TRANSFER TO HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE FUND 9,494
UPON THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONERS 9,496
OF THE SINKING FUND SHALL CERTIFY TO THE DIRECTOR OF BUDGET AND 9,498
MANAGEMENT AND THE DIRECTOR OF TRANSPORTATION THE AMOUNT OF MONEY 9,499
REQUIRED DURING FISCAL YEAR 1997 TO MAKE IN FULL ALL REQUIRED 9,500
PAYMENTS OF BOND SERVICE CHARGES AND FINANCING COSTS FOR ALL 9,501
BONDS ISSUED PURSUANT TO SECTION 5528.54 OF THE REVISED CODE.
UPON RECEIPT OF THIS CERTIFICATION, THE DIRECTOR OF BUDGET AND 9,503
MANAGEMENT, IN CONSULTATION WITH THE DIRECTOR OF TRANSPORTATION, 9,504
SHALL TRANSFER CASH IN AN AMOUNT EQUAL TO THAT CERTIFIED FROM THE 9,505
HIGHWAY OPERATING FUND (FUND 002) CREATED IN SECTION 5735.291 OF 9,506
218
THE REVISED CODE TO THE HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE 9,508
FUND (FUND 072) CREATED IN SECTION 5528.55 OF THE REVISED CODE." 9,509
Section 14. That existing Section 104 of Am. Sub. H.B. 117 9,511
of the 121st General Assembly is hereby repealed. 9,512
Section 15. That Section 201 of Am. Sub. H.B. 117 of the 9,514
121st General Assembly be amended to read as follows: 9,515
"Sec. 201. Notwithstanding division (B) of section 4981.09 9,517
of the Revised Code, upon receipt of the certifications required 9,518
by that division in January and June of 1995, 1996, and 1997, the 9,519
Director of Budget and Management shall transfer fifty per cent, 9,520
rather than seventy-five per cent, of the identified amounts from 9,521
the General Revenue Fund to the Rail Development Fund. In
addition, the Director of Budget and Management shall, upon 9,522
receipt of the January MARCH 1998 certification, transfer to the 9,523
Rail Development Fund seventy-five per cent of the identified 9,524
amounts paid into the General Revenue Fund during the immediately 9,525
preceding July through December, plus fifty per cent of the 9,526
identified amounts paid into the General Revenue Fund for the 9,527
immediately preceding June."
Section 16. That existing Section 201 of Am. Sub. H.B. 117 9,529
of the 121st General Assembly is hereby repealed. 9,530
Section 17. Except as otherwise specifically provided in 9,532
this act, a section of the Revised Code amended or enacted within 9,533
the purview of Sections 1 and 2 of this act is not subject to the 9,534
referendum. Therefore, under Ohio Constitution, Article II, 9,535
Section 1d and section 1.471 of the Revised Code, the sections of 9,537
the Revised Code amended or enacted within the purview of
Sections 1 and 2 of this act, except as otherwise specifically 9,538
provided in this act, go into immediate effect when this act 9,539
becomes law.
Except as otherwise specifically provided in this act, the 9,541
repeal of sections of the Revised Code by Section 2 of this act 9,543
is not subject to the referendum. Therefore, under Ohio
Constitution, Article II, Section 1d and section 1.471 of the 9,544
219
Revised Code, the repeal, except as otherwise specifically 9,545
provided in this act, goes into immediate effect when this act 9,547
becomes law.
Section 18. Sections 121.05, 121.08, 308.13, 2925.44, 9,549
2933.43, 3701.022, 3701.07, 4301.12, 4501.03, 4501.14, 4501.15, 9,551
4501.19, 4503.102, 4503.191, 4505.11, 4505.111, 4511.101,
4511.102, 4511.191, 4981.34, 5112.17, 5501.01, 5501.311, 5501.32, 9,552
5501.34, 5501.37, 5502.01, 5502.12, 5513.01, 5513.04, 5513.06, 9,553
5515.01, 5516.01, 5516.02, 5516.03, 5516.04, 5516.06, 5516.061, 9,554
5516.07, 5516.08, 5516.10, 5516.11, 5516.12, 5516.13, 5516.99, 9,555
5525.03, 5525.07, 5529.03, 5513.04, 5735.05, 5735.12, 5735.145, 9,556
5735.19, 5735.23, and 6101.16 of the Revised Code, as amended 9,557
within the purview of Sections 1 and 2 of this act, are subject 9,559
to the referendum. Therefore, under Ohio Constitution, Article 9,560
II, Section 1c and section 1.471 of the Revised Code, such 9,561
sections of the Revised Code as amended within the purview of 9,562
Sections 1 and 2 of this act take effect on the ninety-first day 9,563
after this act is filed with the Secretary of State. If, 9,564
however, a referendum petition is filed against any such section 9,565
of the Revised Code as amended within the purview of Sections 1 9,566
and 2 of this act, the section as amended, unless rejected at the 9,567
referendum, takes effect at the earliest time permitted by law. 9,568
Section 19. New section 5516.09 and sections 5512.01, 9,570
5512.02, 5512.03, 5512.04, 5512.05, 5512.06, 5512.07, 5512.08, 9,571
5512.09, 5512.10, 5512.11, and 5516.14 of the Revised Code, as 9,572
enacted by Section 1 of this act, are subject to the referendum. 9,574
Therefore, under Ohio Constitution, Article II, Section 1c and 9,575
section 1.471 of the Revised Code, such sections as enacted by 9,576
Section 1 of this act take effect on the ninety-first day after 9,577
this act is filed with the Secretary of State. If, however, a 9,578
referendum petition is filed against any such section as enacted 9,579
by Section 1 of this act, that section as enacted, unless 9,580
rejected at the referendum, takes effect at the earliest time 9,581
permitted by law.
220
Section 20. The repeals of sections 3701.61, 3701.611, 9,583
3701.62, 3701.63, 3701.64, 3701.65, 3701.66, 3701.67, 3701.68, 9,584
3701.69, 5516.05, 5516.09, and 5735.146 of the Revised Code by 9,585
Section 2 of this act are subject to the referendum. Therefore, 9,586
under Ohio Constitution, Article II, Section 1c and section 1.471 9,587
of the Revised Code, such repeals take effect on the ninety-first 9,588
day after this act is filed with the Secretary of State. If, 9,589
however, a referendum petition is filed against any such repeal, 9,590
that repeal, unless rejected at the referendum, takes effect at 9,591
the earliest time permitted by law. 9,592
Section 21. The items in the uncodified sections of law 9,594
contained in this act that appropriate money for the current 9,595
expenses of state government, earmark this class of 9,596
appropriations, or depend for their implementation upon an 9,597
appropriation for the current expenses of state government are 9,598
not subject to the referendum. Therefore, under Ohio 9,599
Constitution, Article II, Section 1d and section 1.471 of the 9,600
Revised Code, these items go into immediate effect when this act 9,601
becomes law. 9,602
The items in the uncodified sections of law contained in 9,604
this act that appropriate money other than for the current 9,605
expenses of state government, earmark this class of 9,606
appropriations, or do not depend for their implementation upon an 9,607
appropriation for the current expenses of state government are 9,608
subject to the referendum. Therefore, under Ohio Constitution, 9,609
Article II, Section 1c and section 1.471 of the Revised Code, 9,610
these items take effect on the ninety-first day after this act is 9,611
filed with the Secretary of State. If, however, a referendum 9,612
petition is filed against such an item, the item, unless rejected 9,613
at the referendum, takes effect at the earliest time permitted by 9,614
law.
This section is not subject to the referendum. Therefore, 9,616
under Ohio Constitution, Article II, Section 1d and section 1.471 9,617
of the Revised Code, this section goes into immediate effect when 9,618
221
this act becomes law. 9,619
Section 22. The reinstatement fee prescribed by section 9,621
4507.45 of the Revised Code and the fee increases prescribed by 9,622
this act's amendments to section 4511.951 and division (L) of 9,623
section 4511.191 of the Revised Code first apply on October 1, 9,624
1997.
Section 23. Notwithstanding the repeal by this act of 9,626
sections 3701.61, 3701.611, 3701.62, 3701.63, 3701.64, 3701.65, 9,627
3701.66, 3701.67, 3701.68, and 3701.69 of the Revised Code, the 9,628
Director of Health and the Attorney General may take any actions 9,629
formerly authorized by those sections to collect any claim paid 9,630
illegally or erroneously before such repeal.
Section 24. Section 121.05 of the Revised Code is 9,632
presented in this act as a composite of the section as amended by 9,633
both Sub. H.B. 572 and Am. Sub. S.B. 293 of the 121st General 9,634
Assembly, with the new language of neither of the acts shown in 9,635
capital letters. Section 2933.43 of the Revised Code is 9,636
presented in this act as a composite of the section as amended by 9,637
both Sub. H.B. 670 and Sub. S.B. 277 of the 121st General
Assembly, with the new language of neither of the act shown in 9,638
capital letters. Section 3701.83 of the Revised Code is 9,639
presented in this act as a composite of the section as amended by 9,640
both Sub. S.B. 19 and Am. Sub. S.B. 162 of the 121st General 9,641
Assembly, with the new language of neither of the acts shown in 9,642
capital letters. Section 4511.191 of the Revised Code is 9,643
presented in this act as a composite of the section as amended by 9,644
both Am. Sub. H.B. 353 and Am. Sub. S.B. 166 of the 121st General 9,645
Assembly, with the new language of neither of the acts shown in 9,646
capital letters. This is in recognition of the principle stated 9,648
in division (B) of section 1.52 of the Revised Code that such 9,649
amendments are to be harmonized where not substantively 9,650
irreconcilable and constitutes a legislative finding that such is 9,651
the resulting version in effect prior to the effective date of 9,652
this act.