As Passed by the House 1
122nd General Assembly 4
Regular Session Am. 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
GARCIA-KASPUTIS-LEWIS-SCHULER-BRADING-COLONNA 11
13
A B I L L
To amend sections 121.05, 121.08, 308.13, 2925.44, 15
2933.43, 3701.022, 3701.07, 3701.83, 4301.12, 16
4501.03, 4501.14, 4501.15, 4501.19, 4501.20, 17
4501.22, 4503.102, 4503.191, 4503.51, 4503.52, 18
4503.55, 4503.56, 4505.11, 4505.111, 4506.24, 20
4511.101, 4511.102, 4511.191, 4511.951, 4981.09, 21
4981.34, 5112.17, 5501.01, 5501.311, 5501.32, 22
5501.34, 5501.37, 5502.01, 5502.12, 5513.01, 23
5513.04, 5513.06, 5515.01, 5516.01, 5516.02, 25
5516.03, 5516.04, 5516.06, 5516.061, 5516.07, 26
5516.08, 5516.10, 5516.11, 5516.12, 5516.13, 27
5516.99, 5525.03, 5525.07, 5529.03, 5531.09, 28
5531.10, 5540.01, 5540.03, 5735.05, 5735.12, 30
5735.145, 5735.19, 5735.23, 5735.29, and 31
6101.16, to enact new section 5516.09 and 32
sections 4501.16, 4501.28, 4507.45, 5512.01 to 33
5512.11, and 5516.14, and to repeal sections 34
3701.61, 3701.611, 3701.62, 3701.63, 3701.64, 36
3701.65, 3701.66, 3701.67, 3701.68, 3701.69, 37
4501.21, 4501.23, 4981.151, 4981.152, 5516.05, 39
5516.09, and 5735.146 of the Revised Code, and 40
to amend Sections 104 and 201 of Am. Sub. H.B. 42
117 of the 121st General Assembly, to make 43
appropriations and reappropriations for highways 45
and transportation-related programs for the 46
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1997-1999 biennium, to provide authorizations and 47
conditions for the operation of programs related 48
to transportation and public safety, to eliminate 49
the ethanol credit allowed against the motor 51
fuel tax, to eliminate the program to reimburse 52
hospitals for indigent care using motor fuel tax 53
money, to raise the competitive bidding 55
threshold for purchases by a regional airport 56
authority or conservancy district, to require 58
that the Department of Commerce have two 59
assistant directors, and to maintain the 60
provisions of this act on and after March 4, 62
1998, by amending the version of section 5513.01 63
of the Revised Code that takes effect on that 64
date. 65
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 67
Section 1. That sections 121.05, 121.08, 308.13, 2925.44, 70
2933.43, 3701.022, 3701.07, 3701.83, 4301.12, 4501.03, 4501.14, 72
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, 74
4511.102, 4511.191, 4511.951, 4981.09, 4981.34, 5112.17, 5501.01, 75
5501.311, 5501.32, 5501.34, 5501.37, 5502.01, 5502.12, 5513.01, 76
5513.04, 5513.06, 5515.01, 5516.01, 5516.02, 5516.03, 5516.04, 78
5516.06, 5516.061, 5516.07, 5516.08, 5516.10, 5516.11, 5516.12, 79
5516.13, 5516.99, 5525.03, 5525.07, 5529.03, 5531.09, 5531.10, 81
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 82
sections 4501.16, 4501.28, 4507.45, 5512.01, 5512.02, 5512.03, 84
5512.04, 5512.05, 5512.06, 5512.07, 5512.08, 5512.09, 5512.10, 85
5512.11, and 5516.14 of the Revised Code be enacted to read as 86
follows:
Sec. 121.05. Except as otherwise provided in this section, 97
in each department there shall be an assistant director 98
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designated by the director of that department. In the department 99
of health there shall be two assistant directors, each of whom 100
shall be designated by the director of health. In the department 101
of transportation there shall be an assistant director for 102
business management, an assistant director for field operations, 103
and an assistant director for transportation policy, each of whom 105
shall be designated by the director of transportation. In the
department of insurance the deputy superintendent of insurance 107
shall be the assistant director. In the department of
administrative services, there shall be two assistant directors, 108
each of whom shall be designated by the director of 109
administrative services. IN THE DEPARTMENT OF COMMERCE, THERE 110
SHALL BE TWO ASSISTANT DIRECTORS, EACH OF WHOM SHALL BE 111
DESIGNATED BY THE DIRECTOR OF COMMERCE. In each department, the 112
assistant director shall act as director in the absence or 113
disability of the director and also shall act as director when 114
the position of director is vacant, except that in the department 115
of transportation, the department of health, THE DEPARTMENT OF 116
COMMERCE, and the department of administrative services the 118
director shall designate which assistant director shall act as 119
director in the director's absence. 120
A director may designate any of the director's assistant 122
directors or a deputy director to serve in the director's place 123
as a member of any board, committee, authority, or commission of 125
which the director is, by law, a member. The designee, when 126
present, shall be counted in determining whether a quorum is 127
present at any meeting. The Such a designee may vote and 129
participate in all proceedings and actions of the board,
committee, authority, or commission, provided that the designee 130
shall not execute or cause a facsimile of the designee's 131
signature to be placed on any obligation, or execute any trust 133
agreement or indenture. Such designation shall be in writing, 134
executed by the designating director, filed with the secretary of 135
the board, committee, authority, or commission, and shall be in 136
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effect until withdrawn or superseded by a new designation. 137
Sec. 121.08. (A) There is hereby created in the 146
department of commerce the position of deputy director of 147
administration. This officer shall be appointed by the director 148
of commerce, serve under the director's direction, supervision, 150
and control, perform such duties as the director prescribes, and 151
hold office during the director's pleasure. The DIRECTOR OF 152
COMMERCE MAY DESIGNATE AN assistant director of commerce may TO 153
serve as the deputy director of administration. The deputy 154
director of administration shall perform such duties as are 156
prescribed by the director of commerce in supervising the
activities of the division of administration of the department of 157
commerce. 158
(B) Except as provided in section 121.07 of the Revised 160
Code, the department of commerce shall have all powers and 161
perform all duties vested in the deputy director of 162
administration, the state fire marshal, the superintendent of 164
financial institutions, the superintendent of real estate, the 165
superintendent of liquor control, the superintendent of the 166
division of industrial compliance, and the commissioner of 167
securities, and shall have all powers and perform all duties 168
vested by law in all officers, deputies, and employees of such 169
offices. Except as provided in section 121.07 of the Revised 170
Code, wherever powers are conferred or duties imposed upon any of 171
such officers, such powers and duties shall be construed as 172
vested in the department of commerce. 173
(C)(1) There is hereby created in the department of 175
commerce a division of financial institutions, which shall have 176
all powers and perform all duties vested by law in the 178
superintendent of financial institutions. Wherever powers are 179
conferred or duties imposed upon the superintendent of financial 180
institutions, such powers and duties shall be construed as vested 181
in the division of financial institutions. The division of 182
financial institutions shall be administered by a superintendent 184
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of financial institutions.
(2) All provisions of law governing the superintendent of 186
financial institutions shall apply to and govern the 188
superintendent of financial institutions provided for in this 190
section; all authority vested by law in the superintendent of 191
financial institutions with respect to the management of the 192
division of financial institutions shall be construed as vested 193
in the superintendent of financial institutions created by this 194
section with respect to the division of financial institutions 196
provided for in this section; and all rights, privileges, and 198
emoluments conferred by law upon the superintendent of financial 199
institutions shall be construed as conferred upon the 200
superintendent of financial institutions as head of the division 201
of financial institutions. The director of commerce shall not 203
transfer from the division of financial institutions any of the 204
functions specified in division (C)(2) of this section. 206
(D) Beginning on July 1, 1997, there is hereby created in 208
the department of commerce a division of liquor control, which 209
shall have all powers and perform all duties vested by law in the 210
superintendent of liquor control. Wherever powers are conferred 211
or duties are imposed upon the superintendent of liquor control, 213
those powers and duties shall be construed as vested in the
division of liquor control. The division of liquor control shall 214
be administered by a superintendent of liquor control. 215
(E) The director of commerce shall not be interested, 217
directly or indirectly, in any firm or corporation which is a 219
dealer in securities as defined in sections 1707.01 and 1707.14 220
of the Revised Code, or in any firm or corporation licensed under 221
sections 1321.01 to 1321.19 of the Revised Code. 222
(F) The director of commerce shall not have any official 224
connection with a savings and loan association, a savings bank, a 227
bank, a bank holding company, a savings and loan association 228
holding company, a consumer finance company, or a credit union 229
that is under the supervision of the division of financial
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institutions, or a subsidiary of any of the preceding entities, 231
or be interested in the business thereof.
(G) There is hereby created in the state treasury the 233
division of administration fund. The fund shall receive 235
assessments on the operating funds of the department of commerce 236
in accordance with procedures prescribed by the director of 237
commerce and approved by the director of budget and management. 238
All operating expenses of the division of administration shall be 239
paid from the division of administration fund. 240
Sec. 308.13. (A) The board of trustees of a regional 250
airport authority or any officer or employee designated by such 251
board may make any contract for the purchase of supplies or 252
material or for labor for any work, under the supervision of the 253
board, the cost of which shall not exceed five FIFTEEN thousand 254
dollars. Except where the contract is for equipment, materials, 256
or supplies available from a qualified nonprofit agency pursuant 257
to sections 4115.31 to 4115.35 of the Revised Code, when an 258
expenditure, other than for the acquisition of real estate, the 259
discharge of noncontractual claims, personal services, or for the 260
product or services of public utilities, exceeds five FIFTEEN 261
thousand dollars, such expenditure shall be made only after a 263
notice calling for bids has been published once a week for three 264
consecutive weeks in at least one newspaper of general 265
circulation within the territorial boundaries of the regional 266
airport authority. If the bid is for a contract for the 267
construction, demolition, alteration, repair, or reconstruction 268
of an improvement, it shall meet the requirements of section 269
153.54 of the Revised Code. If the bid is for any other contract 270
authorized by this section, it shall be accompanied by a good and 271
approved bond with ample security conditioned on the carrying out 272
of the contract. The board may let the contract to the lowest 273
and best bidder. Such contract shall be in writing and shall be 274
accompanied by or shall refer to plans and specifications for the 275
work to be done, approved by the board. The plans and 276
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specifications shall at all times be made and considered part of 277
the contract. Said contract shall be approved by the board and 278
signed by its chief executive officer and by the contractor, and 279
shall be executed in duplicate. 280
(B) Whenever a board of trustees of a regional airport 282
authority or any officer or employee designated by the board 283
makes a contract for the purchase of supplies or material or for 284
labor for any work, the cost of which is greater than one 285
thousand dollars but no more than five FIFTEEN thousand dollars, 286
the board or designated officer or employee shall solicit 288
informal estimates from no fewer than three potential suppliers 289
before awarding the contract. With regard to each such contract, 290
the board shall maintain a record of such estimates, including 291
the name of each person from whom an estimate is solicited, for 292
no less than one year after the contract is awarded. 293
Sec. 2925.44. (A) If property is seized pursuant to 302
section 2925.42 or 2925.43 of the Revised Code, it is deemed to 303
be in the custody of the head of the law enforcement agency that 304
seized it, and the head of that agency may do any of the 305
following with respect to that property prior to its disposition 307
in accordance with division (A)(4) or (B) of this section: 308
(1) Place the property under seal; 310
(2) Remove the property to a place that the head of that 312
agency designates; 313
(3) Request the issuance of a court order that requires 315
any other appropriate municipal corporation, county, township, 316
park district created pursuant to section 511.18 or 1545.01 of 318
the Revised Code, or state law enforcement officer or other
officer to take custody of the property and, if practicable, 319
remove it to an appropriate location for eventual disposition in 320
accordance with division (B) of this section; 321
(4)(a) Seek forfeiture of the property pursuant to federal 323
law. If the head of that agency seeks its forfeiture pursuant to 324
federal law, the law enforcement agency shall deposit, use, and 326
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account for proceeds from a sale of the property upon its 327
forfeiture, proceeds from another disposition of the property 328
upon its forfeiture, or forfeited moneys it receives, in 329
accordance with the applicable federal law and otherwise shall 330
comply with that law. 331
(b) If the state highway patrol seized the property and if 333
the superintendent of the state highway patrol seeks its 334
forfeiture pursuant to federal law, the appropriate governmental 335
officials shall deposit into the state highway patrol contraband, 336
forfeiture, and other fund all interest or other earnings derived 337
from the investment of the proceeds from a sale of the property
upon its forfeiture, the proceeds from another disposition of the 338
property upon its forfeiture, or the forfeited moneys. The state 339
highway patrol shall use and account for that interest or other 340
earnings in accordance with the applicable federal law. 341
(c) IF THE LIQUOR ENFORCEMENT UNIT OF THE DEPARTMENT OF 343
PUBLIC SAFETY SEIZED THE PROPERTY AND IF THE DIRECTOR OF PUBLIC 344
SAFETY SEEKS ITS FORFEITURE PURSUANT TO FEDERAL LAW, THE 345
APPROPRIATE GOVERNMENTAL OFFICIALS SHALL DEPOSIT INTO THE LIQUOR 346
ENFORCEMENT CONTRABAND, FORFEITURE, AND OTHER FUND ALL INTEREST 347
OR OTHER EARNINGS DERIVED FROM THE INVESTMENT OF THE PROCEEDS 348
FROM A SALE OF THE PROPERTY UPON ITS FORFEITURE, THE PROCEEDS 349
FROM ANOTHER DISPOSITION OF THE PROPERTY UPON ITS FORFEITURE, OR 350
THE FORFEITED MONEYS. THE DEPARTMENT SHALL USE AND ACCOUNT FOR 351
THAT INTEREST OR OTHER EARNINGS IN ACCORDANCE WITH THE APPLICABLE 352
FEDERAL LAW. 353
(d) IF THE FOOD STAMP FRAUD UNIT OF THE DEPARTMENT OF 356
PUBLIC SAFETY SEIZED THE PROPERTY AND IF THE DIRECTOR OF PUBLIC 357
SAFETY SEEKS ITS FORFEITURE PURSUANT TO FEDERAL LAW, THE 358
APPROPRIATE GOVERNMENTAL OFFICIALS SHALL DEPOSIT INTO THE FOOD 359
STAMP CONTRABAND, FORFEITURE, AND OTHER FUND ALL INTEREST OR 360
OTHER EARNINGS DERIVED FROM THE INVESTMENT OF THE PROCEEDS FROM A 361
SALE OF THE PROPERTY UPON ITS FORFEITURE, THE PROCEEDS FROM 362
ANOTHER DISPOSITION OF THE PROPERTY UPON ITS FORFEITURE, OR THE 363
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FORFEITED MONEYS. THE DEPARTMENT SHALL USE AND ACCOUNT FOR THAT 364
INTEREST OR OTHER EARNINGS IN ACCORDANCE WITH THE APPLICABLE 365
FEDERAL LAW.
(e) Division (B) of this section and divisions (D)(1) to 367
(3) of section 2933.43 of the Revised Code do not apply to 368
proceeds or forfeited moneys received pursuant to federal law or 369
to the interest or other earnings that are derived from the 370
investment of proceeds or forfeited moneys received pursuant to 371
federal law and that are described in division (A)(4)(b) of this 372
section.
(B) In addition to complying with any requirements imposed 374
by a court pursuant to section 2925.42 or 2925.43 of the Revised 375
Code, and the requirements imposed by those sections, in relation 376
to the disposition of property forfeited to the state under 377
either of those sections, the prosecuting attorney who is 378
responsible for its disposition shall dispose of the property as 379
follows: 380
(1) Any vehicle, as defined in section 4501.01 of the 382
Revised Code, that was used in a felony drug abuse offense or in 383
an act that, if committed by an adult, would be a felony drug 384
abuse offense shall be given to the law enforcement agency of the 385
municipal corporation or county in which the offense occurred if 386
that agency desires to have the vehicle, except that, if the 387
offense occurred in a township or in a park district created 388
pursuant to section 511.18 or 1545.01 of the Revised Code and a 389
law enforcement officer employed by the township or the park 390
district was involved in the seizure of the vehicle, the vehicle 392
may be given to the law enforcement agency of that township or 393
park district if that agency desires to have the vehicle, and 394
except that, if the state highway patrol made the seizure of the 395
vehicle, the vehicle may be given to the state highway patrol if 396
it desires to have the vehicle. 397
(2) Any drug paraphernalia that was used, possessed, sold, 399
or manufactured in a violation of section 2925.14 of the Revised 400
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Code that would be a felony drug abuse offense or in a violation 401
of that section committed by a juvenile that, if committed by an 402
adult, would be a felony drug abuse offense, may be given to the 403
law enforcement agency of the municipal corporation or county in 404
which the offense occurred if that agency desires to have and can 405
use the drug paraphernalia, except that, if the offense occurred 406
in a township or in a park district created pursuant to section 407
511.18 or 1545.01 of the Revised Code and a law enforcement 408
officer employed by the township or the park district was 409
involved in the seizure of the drug paraphernalia, the drug 411
paraphernalia may be given to the law enforcement agency of that 412
township or park district if that agency desires to have and can 413
use the drug paraphernalia. If the drug paraphernalia is not so 414
given, it shall be disposed of by sale pursuant to division 415
(B)(8) of this section or disposed of in another manner that the 416
court that issued the order of forfeiture considers proper under 417
the circumstances.
(3) Drugs shall be disposed of pursuant to section 3719.11 419
of the Revised Code or placed in the custody of the secretary of 420
the treasury of the United States for disposal or use for medical 421
or scientific purposes under applicable federal law. 422
(4) Firearms and dangerous ordnance suitable for police 424
work may be given to a law enforcement agency for that purpose. 425
Firearms suitable for sporting use, or as museum pieces or 426
collectors' items, may be disposed of by sale pursuant to 427
division (B)(8) of this section. Other firearms and dangerous 428
ordnance shall be destroyed by a law enforcement agency or shall 429
be sent to the bureau of criminal identification and 430
investigation for destruction by it. As used in this division, 431
"firearms" and "dangerous ordnance" have the same meanings as in 432
section 2923.11 of the Revised Code. 433
(5) Computers, computer networks, computer systems, and 435
computer software suitable for police work may be given to a law 436
enforcement agency for that purpose. Other computers, computer 437
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networks, computer systems, and computer software shall be 438
disposed of by sale pursuant to division (B)(8) of this section 439
or disposed of in another manner that the court that issued the 440
order of forfeiture considers proper under the circumstances. As 441
used in this division, "computers," "computer networks," 442
"computer systems," and "computer software" have the same 443
meanings as in section 2913.01 of the Revised Code. 444
(6) Obscene materials shall be destroyed. 446
(7) Beer, intoxicating liquor, and alcohol shall be 448
disposed of in accordance with division (D)(4) of section 2933.41 449
of the Revised Code. 450
(8) In the case of property not described in divisions 452
(B)(1) to (7) of this section and of property described in those 453
divisions but not disposed of pursuant to them, the property 454
shall be sold in accordance with division (B)(8) of this section 455
or, in the case of forfeited moneys, disposed of in accordance 457
with division (B)(8) of this section. If the property is to be 459
sold, the prosecuting attorney shall cause a notice of the 460
proposed sale of the property to be given in accordance with law, 461
and the property shall be sold, without appraisal, at a public 462
auction to the highest bidder for cash. The proceeds of a sale 463
and forfeited moneys shall be applied in the following order: 464
(a) First, to the payment of the costs incurred in 466
connection with the seizure of, storage of, maintenance of, and 467
provision of security for the property, the forfeiture proceeding 468
or civil action, and, if any, the sale; 469
(b) Second, the remaining proceeds or forfeited moneys 471
after compliance with division (B)(8)(a) of this section, to the 472
payment of the value of any legal right, title, or interest in 473
the property that is possessed by a person who, pursuant to 474
division (F) of section 2925.42 of the Revised Code or division 475
(E) of section 2925.43 of the Revised Code, established the 476
validity of and consequently preserved that legal right, title, 477
or interest, including, but not limited to, any mortgage, 478
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perfected or other security interest, or other lien in the 479
property. The value of these rights, titles, or interests shall 480
be paid according to their record or other order of priority. 481
(c) Third, the remaining proceeds or forfeited moneys 483
after compliance with divisions (B)(8)(a) and (b) of this 484
section, as follows: 485
(i) If the forfeiture was ordered in a juvenile court, ten 487
per cent to one or more alcohol and drug addiction treatment 488
programs that are certified by the department of alcohol and drug 489
addiction services under section 3793.06 of the Revised Code and 490
that are specified in the order of forfeiture. A juvenile court 491
shall not specify an alcohol or drug addiction treatment program
in the order of forfeiture unless the program is a certified 492
alcohol and drug addiction treatment program and, except as 493
provided in division (B)(8)(c)(i) of this section, unless the 495
program is located in the county in which the court that orders
the forfeiture is located or in a contiguous county. If no 496
certified alcohol and drug addiction treatment program is located 497
in any of those counties, the juvenile court may specify in the 498
order a certified alcohol and drug addiction treatment program 499
located anywhere within this state.
(ii) If the forfeiture was ordered in a juvenile court, 501
ninety per cent, and if the forfeiture was ordered in a court 503
other than a juvenile court, one hundred per cent to appropriate 506
funds in accordance with divisions (D)(1)(c) and (2) of section 507
2933.43 of the Revised Code. The remaining proceeds or forfeited 508
moneys so deposited shall be used only for the purposes 509
authorized by those divisions and division (D)(3)(a)(ii) of that 510
section.
(C)(1) Sections 2925.41 to 2925.45 of the Revised Code do 512
not preclude a financial institution that possessed a valid 513
mortgage, security interest, or lien that is not satisfied prior 514
to a sale under division (B)(8) of this section or following a 515
sale by application of division (B)(8)(b) of this section, from 516
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commencing a civil action in any appropriate court in this or 517
another state to obtain a deficiency judgment against the debtor 518
if the financial institution otherwise would have been entitled 519
to do so in this or another state. 520
(2) Any law enforcement agency that obtains any vehicle 522
pursuant to division (B)(1) of this section shall take the 523
vehicle subject to the outstanding amount of any security 524
interest or lien that attaches to the vehicle. 525
(3) Nothing in this section impairs a mortgage, security 527
interest, lien, or other interest of a financial institution in 529
property that was the subject of a forfeiture order under section 530
2925.42 or 2925.43 of the Revised Code and that was sold or 531
otherwise disposed of in a manner that does not conform to the 532
requirements of division (B) of this section, or any right of a 533
financial institution of that nature to commence a civil action 535
in any appropriate court in this or another state to obtain a 536
deficiency judgment against the debtor.
(4) Following the sale under division (B)(8) of this 538
section of any property that is required to be titled or 539
registered under the law of this state, the prosecuting attorney 540
responsible for the disposition of the property shall cause the 541
state to issue an appropriate certificate of title or 542
registration to the purchaser of the property. Additionally, if, 543
in a disposition of property pursuant to division (B) of this 544
section, the state or a political subdivision is given any 545
property that is required to be titled or registered under the 546
law of this state, the prosecuting attorney responsible for the 547
disposition of the property shall cause the state to issue an 548
appropriate certificate of title or registration to itself or to 549
the political subdivision. 550
(D) Property that has been forfeited to the state pursuant 552
to an order of criminal forfeiture under section 2925.42 of the 553
Revised Code or an order of civil forfeiture under section 554
2925.43 of the Revised Code shall not be available for use to pay 555
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any fine imposed upon a person who is convicted of or pleads 556
guilty to a felony drug abuse offense or upon any juvenile who is 557
found by a juvenile court to be a delinquent child for an act 558
that, if committed by an adult, would be a felony drug abuse 559
offense. 560
(E) Sections 2925.41 to 2925.45 of the Revised Code do not 562
prohibit a law enforcement officer from seeking the forfeiture of 563
contraband associated with a felony drug abuse offense pursuant 564
to section 2933.43 of the Revised Code. 565
Sec. 2933.43. (A)(1) Except as provided in this division 574
or in section 2913.34 or sections 2925.41 to 2925.45 of the 576
Revised Code, a law enforcement officer shall seize any 577
contraband that has been, is being, or is intended to be used in 578
violation of division (A) of section 2933.42 of the Revised Code. 579
A law enforcement officer shall seize contraband that is a 580
watercraft, motor vehicle, or aircraft and that has been, is 581
being, or is intended to be used in violation of division (A) of 582
section 2933.42 of the Revised Code only if the watercraft, motor 583
vehicle, or aircraft is contraband because of its relationship to 584
an underlying criminal offense that is a felony. 585
Additionally, a law enforcement officer shall seize any 587
watercraft, motor vehicle, aircraft, or other personal property 588
that is classified as contraband under division (B) of section 589
2933.42 of the Revised Code if the underlying offense involved in 590
the violation of division (A) of that section that resulted in 591
the watercraft, motor vehicle, aircraft, or personal property 592
being classified as contraband, is a felony. 593
(2) If a law enforcement officer seizes property that is 595
titled or registered under law, including a motor vehicle, 596
pursuant to division (A)(1) of this section, the officer or the 597
officer's employing law enforcement agency shall notify the owner 598
of the seizure. The notification shall be given to the owner at 599
the owner's last known address within seventy-two hours after the 600
seizure, and may be given orally by any means, including 601
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telephone, or by certified mail, return receipt requested. 602
If the officer or the officer's agency is unable to provide 604
the notice required by this division despite reasonable, good 605
faith efforts to do so, the exercise of the reasonable, good 606
faith efforts constitutes fulfillment of the notice requirement 607
imposed by this division. 608
(B)(1) A motor vehicle seized pursuant to division (A)(1) 610
of this section and the contents of the vehicle may be retained 611
for a reasonable period of time, not to exceed seventy-two hours, 612
for the purpose of inspection, investigation, and the gathering 613
of evidence of any offense or illegal use. 614
At any time prior to the expiration of the seventy-two-hour 616
period, the law enforcement agency that seized the motor vehicle 617
may petition the court of common pleas of the county that has 618
jurisdiction over the underlying criminal case or administrative 619
proceeding involved in the forfeiture for an extension of the 620
seventy-two-hour period if the motor vehicle or its contents are 621
needed as evidence or if additional time is needed for the 622
inspection, investigation, or gathering of evidence. Upon the 623
filing of such a petition, the court immediately shall schedule a 624
hearing to be held at a time as soon as possible after the 625
filing, but in no event at a time later than the end of the next 626
business day subsequent to the day on which the petition was 627
filed, and upon scheduling the hearing, immediately shall notify 628
the owner of the vehicle, at the address at which notification of 629
the seizure was provided under division (A) of this section, of 630
the date, time, and place of the hearing. If the court, at the 631
hearing, determines that the vehicle or its contents, or both, 632
are needed as evidence or that additional time is needed for the 633
inspection, investigation, or gathering of evidence, the court 634
may grant the petition and issue an order authorizing the 635
retention of the vehicle or its contents, or both, for an 636
extended period as specified by the court in its order. An order 637
extending a period of retention issued under this division may be 638
16
renewed. 639
If no petition for the extension of the initial 641
seventy-two-hour period has been filed, prior to the expiration 642
of that period, under this division, if the vehicle was not in 643
the custody and control of the owner at the time of its seizure, 644
and if, at the end of that seventy-two-hour period, the owner of 645
the vehicle has not been charged with an offense or 646
administrative violation that includes the use of the vehicle as 647
an element and has not been charged with any other offense or 648
administrative violation in the actual commission of which the 649
motor vehicle was used, the vehicle and its contents shall be 650
released to its owner or the owner's agent, provided that the law 651
enforcement agency that seized the vehicle may require proof of 652
ownership of the vehicle, proof of ownership or legal possession 653
of the contents, and an affidavit of the owner that the owner 654
neither knew of nor expressly or impliedly consented to the use 655
of the vehicle that resulted in its forfeiture as conditions 656
precedent to release. If a petition for the extension of the 657
initial seventy-two-hour period has been filed, prior to the 658
expiration of that period, under this division but the court does 659
not grant the petition, if the vehicle was not in the custody and 660
control of the owner at the time of its seizure, and if, at the 661
end of that seventy-two-hour period, the owner of the vehicle has 662
not been charged with an offense or administrative violation that 663
includes the use of the vehicle as an element and has not been 664
charged with any other offense or administrative violation in the 665
actual commission of which the motor vehicle was used, the 666
vehicle and its contents shall be released to its owner or the 667
owner's agent, provided that the court may require the proof and 668
affidavit described in the preceding sentence as conditions 669
precedent to release. If the initial seventy-two-hour period has 670
been extended under this division, the vehicle and its contents 671
to which the extension applies may be retained in accordance with 672
the extension order. If, at the end of that extended period, the 673
17
owner of the vehicle has not been charged with an offense or 674
administrative violation that includes the use of the vehicle as 675
an element and has not been charged with any other offense or 676
administrative violation in the actual commission of which the 677
motor vehicle was used, and if the vehicle was not in the custody 678
and control of the owner at the time of its seizure, the vehicle 679
and its contents shall be released to its owner or the owner's 680
agent, provided that the court may require the proof and 681
affidavit described in the third preceding sentence as conditions 682
precedent to release. In cases in which the court may require 683
proof and affidavits as conditions precedent to release, the 684
court also may require the posting of a bond, with sufficient 685
sureties approved by the court, in an amount equal to the value 686
of the property to be released, as determined by the court, and 687
conditioned upon the return of the property to the court if it is 688
forfeited under this section, as a further condition to release. 689
If, at the end of the initial seventy-two-hour period or at the 690
end of any extended period granted under this section, the owner 691
has been charged with an offense or administrative violation that 692
includes the use of the vehicle as an element or has been charged 693
with another offense or administrative violation in the actual 694
commission of which the motor vehicle was used, or if the vehicle 695
was in the custody and control of the owner at the time of its 696
seizure, the vehicle and its contents shall be retained pending 697
disposition of the charge, provided that upon the filing of a 698
motion for release by the owner, if the court determines that the 699
motor vehicle or its contents, or both, are not needed as 700
evidence in the underlying criminal case or administrative 701
proceeding, the court may permit the release of the property that 702
is not needed as evidence to the owner; as a condition precedent 703
to a release of that nature, the court may require the owner to 704
execute a bond with the court. Any bond so required shall be in 705
an amount equal to the value of the property to be released, as 706
determined by the court, shall have sufficient sureties approved 707
18
by the court, and shall be conditioned upon the return of the 708
property to the court to which it is forfeited under this 709
section.
The final disposition of a motor vehicle seized pursuant to 711
division (A)(1) of this section shall be determined in accordance 712
with division (C) of this section. 713
(2) Pending a hearing pursuant to division (C) of this 715
section, and subject to divisions (B)(1) and (C) of this section, 716
any property lawfully seized pursuant to division (A) of this 717
section because it was contraband of a type described in division 718
(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section 720
2901.01 of the Revised Code shall not be subject to replevin or 721
other action in any court and shall not be subject to release 722
upon request of the owner, and no judgment shall be enforced 723
against the property. Pending the hearing, and subject to 724
divisions (B)(1) and (C) of this section, the property shall be 725
kept in the custody of the law enforcement agency responsible for 726
its seizure. 727
Pending a hearing pursuant to division (C) of this section, 729
and notwithstanding any provisions of division (B)(1) or (C) of 730
this section to the contrary, any property lawfully seized 731
pursuant to division (A) of this section because it was 732
contraband of a type described in division (A)(13)(a) or (c) of 734
section 2901.01 of the Revised Code shall not be subject to 735
replevin or other action in any court and shall not be subject to 736
release upon request of the owner, and no judgment shall be
enforced against the property. Pending the hearing, and 737
notwithstanding any provisions of division (B)(1) or (C) of this 738
section to the contrary, the property shall be kept in the 739
custody of the law enforcement agency responsible for its 740
seizure. 741
A law enforcement agency that seizes property under 743
division (A) of this section because it was contraband of any 744
type described in division (A)(13) of section 2901.01 or division 746
19
(B) of section 2933.42 of the Revised Code shall maintain an
accurate record of each item of property so seized, which record 747
shall include the date on which each item was seized, the manner 748
and date of its disposition, and if applicable, the name of the 749
person who received the item; however, the record shall not 750
identify or enable the identification of the individual officer 751
who seized the item. The record of property of that nature that 752
no longer is needed as evidence shall be open to public 753
inspection during the agency's regular business hours. Each law 754
enforcement agency that, during any calendar year, seizes 755
property under division (A) of this section because it was 756
contraband shall prepare a report covering the calendar year that 757
cumulates all of the information contained in all of the records 758
kept by the agency pursuant to this division for that calendar 759
year, and shall send a copy of the cumulative report, no later 760
than the first day of March in the calendar year following the 761
calendar year covered by the report, to the attorney general. 762
Each report received by the attorney general is a public record 763
open for inspection under section 149.43 of the Revised Code. 764
The attorney general shall make copies of each report received, 765
and, no later than the fifteenth day of April in the calendar 766
year in which the report is received, shall send a copy of it to 767
the president of the senate and the speaker of the house of 768
representatives. 769
(C) The prosecuting attorney, village solicitor, city 771
director of law, or similar chief legal officer who has 772
responsibility for the prosecution of the underlying criminal 773
case or administrative proceeding, or the attorney general if the 774
attorney general has that responsibility, shall file a petition 775
for the forfeiture, to the seizing law enforcement agency of the 776
contraband seized pursuant to division (A) of this section. The 777
petition shall be filed in the court that has jurisdiction over 778
the underlying criminal case or administrative proceeding 779
involved in the forfeiture. If the property was seized on the 780
20
basis of both a criminal violation and an administrative 781
regulation violation, the petition shall be filed by the officer 782
and in the court that is appropriate in relation to the criminal 783
case. 784
The petitioner shall conduct or cause to be conducted a 786
search of the appropriate public records that relate to the 787
seized property for the purpose of determining, and shall make or 788
cause to be made reasonably diligent inquiries for the purpose of 789
determining, any person having an ownership or security interest 790
in the property. The petitioner then shall give notice of the 791
forfeiture proceedings by personal service or by certified mail, 792
return receipt requested, to any persons known, because of the 793
conduct of the search, the making of the inquiries, or otherwise, 794
to have an ownership or security interest in the property, and 795
shall publish notice of the proceedings once each week for two 796
consecutive weeks in a newspaper of general circulation in the 797
county in which the seizure occurred. The notices shall be 798
personally served, mailed, and first published at least four 799
weeks before the hearing. They shall describe the property 800
seized; state the date and place of seizure; name the law 801
enforcement agency that seized the property and, if applicable, 802
that is holding the property; list the time, date, and place of 803
the hearing; and state that any person having an ownership or 804
security interest in the property may contest the forfeiture. 805
If the property seized was determined by the seizing law 807
enforcement officer to be contraband because of its relationship 808
to an underlying criminal offense or administrative violation, no 809
forfeiture hearing shall be held under this section unless the 810
person pleads guilty to or is convicted of the commission of, or 811
an attempt or conspiracy to commit, the offense or a different 812
offense arising out of the same facts and circumstances or unless 813
the person admits or is adjudicated to have committed the 814
administrative violation or a different violation arising out of 815
the same facts and circumstances; a forfeiture hearing shall be 816
21
held in a case of that nature no later than forty-five days after 817
the conviction or the admission or adjudication of the violation, 818
unless the time for the hearing is extended by the court for good 819
cause shown. The owner of any property seized because of its 820
relationship to an underlying criminal offense or administrative 821
violation may request the court to release the property to the 822
owner. Upon receipt of a request of that nature, if the court 823
determines that the property is not needed as evidence in the 824
underlying criminal case or administrative proceeding, the court 825
may permit the release of the property to the owner. As a 826
condition precedent to a release of that nature, the court may 827
require the owner to execute a bond with the court. Any bond so 828
required shall have sufficient sureties approved by the court, 829
shall be in a sum equal to the value of the property, as 830
determined by the court, and shall be conditioned upon the return 831
of the property to the court if the property is forfeited under 832
this section. Any property seized because of its relationship to 833
an underlying criminal offense or administrative violation shall 834
be returned to its owner if charges are not filed in relation to 835
that underlying offense or violation within thirty days after the 836
seizure, if charges of that nature are filed and subsequently are 837
dismissed, or if charges of that nature are filed and the person 838
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 839
violation.
If the property seized was determined by the seizing law 841
enforcement officer to be contraband other than because of a 842
relationship to an underlying criminal offense or administrative 843
violation, the forfeiture hearing under this section shall be 844
held no later than forty-five days after the seizure, unless the 845
time for the hearing is extended by the court for good cause 846
shown. 847
Where possible, a court holding a forfeiture hearing under 849
this section shall follow the Rules of Civil Procedure. When a 850
22
hearing is conducted under this section, property shall be 851
forfeited upon a showing, by a preponderance of the evidence, by 852
the petitioner that the person from which the property was seized 853
was in violation of division (A) of section 2933.42 of the 854
Revised Code. If that showing is made, the court shall issue an 855
order of forfeiture. If an order of forfeiture is issued in 856
relation to contraband that was released to the owner or the 857
owner's agent pursuant to this division or division (B)(1) of 858
this section, the order shall require the owner to deliver the 859
property, by a specified date, to the law enforcement agency that 860
employed the law enforcement officer who made the seizure of the 861
property, and the court shall deliver a copy of the order to the 862
owner or send a copy of it by certified mail, return receipt 863
requested, to the owner at the address to which notice of the 864
seizure was given under division (A)(2) of this section. Except 865
as otherwise provided in this division, all rights, interest, and 866
title to the forfeited contraband vests in the state, effective 867
from the date of seizure. 868
No property shall be forfeited pursuant to this division if 870
the owner of the property establishes, by a preponderance of the 871
evidence, that the owner neither knew, nor should have known 872
after a reasonable inquiry, that the property was used, or was 873
likely to be used, in a crime or administrative violation. No 874
bona fide security interest shall be forfeited pursuant to this 875
division if the holder of the interest establishes, by a 876
preponderance of the evidence, that the holder of the interest 877
neither knew, nor should have known after a reasonable inquiry, 879
that the property was used, or likely to be used, in a crime or 880
administrative violation, that the holder of the interest did not 881
expressly or impliedly consent to the use of the property in a 882
crime or administrative violation, and that the security interest 883
was perfected pursuant to law prior to the seizure. If the 884
holder of the interest satisfies the court that these 885
requirements are met, the interest shall be preserved by the 886
23
court. In a case of that nature, the court shall either order 887
that the agency to which the property is forfeited reimburse the 888
holder of the interest to the extent of the preserved interest or 889
order that the holder be paid for the interest from the proceeds 890
of any sale pursuant to division (D) of this section. 891
(D)(1) Contraband ordered forfeited pursuant to this 893
section shall be disposed of pursuant to divisions (D)(1) to (7) 894
of section 2933.41 of the Revised Code or, if the contraband is 895
not described in those divisions, may be used, with the approval 896
of the court, by the law enforcement agency that has custody of 897
the contraband pursuant to division (D)(8) of that section. In 898
the case of contraband not described in any of those divisions 899
and of contraband not disposed of pursuant to any of those 900
divisions, the contraband shall be sold in accordance with this 901
division or, in the case of forfeited moneys, disposed of in 902
accordance with this division. If the contraband is to be sold, 903
the prosecuting attorney shall cause a notice of the proposed 904
sale of the contraband to be given in accordance with law, and 905
the property shall be sold, without appraisal, at a public 906
auction to the highest bidder for cash. The proceeds of a sale 907
and forfeited moneys shall be applied in the following order: 908
(a) First, to the payment of the costs incurred in 910
connection with the seizure of, storage of, maintenance of, and 911
provision of security for the contraband, the forfeiture 912
proceeding, and, if any, the sale; 913
(b) Second, the remaining proceeds or forfeited moneys 915
after compliance with division (D)(1)(a) of this section, to the 916
payment of the balance due on any security interest preserved 917
pursuant to division (C) of this section; 918
(c) Third, the remaining proceeds or forfeited moneys 920
after compliance with divisions (D)(1)(a) and (b) of this 921
section, as follows: 922
(i) If the forfeiture was ordered in a juvenile court, ten 924
per cent to one or more alcohol and drug addiction treatment 925
24
programs that are certified by the department of alcohol and drug 926
addiction services under section 3793.06 of the Revised Code and 927
that are specified in the order of forfeiture. A juvenile court 929
shall not certify an alcohol or drug addiction treatment program 930
in the order of forfeiture unless the program is a certified
alcohol and drug addiction treatment program and, except as 931
provided in division (D)(1)(c)(i) of this section, unless the 932
program is located in the county in which the court that orders 933
the forfeiture is located or in a contiguous county. If no 934
certified alcohol and drug addiction treatment program is located 935
in any of those counties, the juvenile court may specify in the 936
order a certified alcohol and drug addiction treatment program
located anywhere within this state. 937
(ii) If the forfeiture was ordered in a juvenile court, 939
ninety per cent, and if the forfeiture was ordered in a court 940
other than a juvenile court, one hundred per cent to the law 941
enforcement trust fund of the prosecuting attorney and to the law 943
enforcement trust fund of the county sheriff if the county 944
sheriff made the seizure, to the law enforcement trust fund of a 945
municipal corporation if its police department made the seizure, 946
to the law enforcement trust fund of a township if the seizure 947
was made by a township police department, township police 948
district police force, or office of a township constable, to the 949
law enforcement trust fund of a park district created pursuant to 950
section 511.18 or 1545.01 of the Revised Code if the seizure was 951
made by the park district police force or law enforcement 952
department, to the state highway patrol contraband, forfeiture, 953
and other fund if the state highway patrol made the seizure, to 954
the liquor enforcement contraband, forfeiture, and other fund if 955
the liquor enforcement unit of the department of public safety 956
made the seizure, to the food stamp contraband, forfeiture, and 957
other fund if the food stamp trafficking unit of the department 959
of public safety made the seizure, to the board of pharmacy drug 960
law enforcement fund created by division (B)(1) of section 961
25
4729.65 of the Revised Code if the board made the seizure, or to 962
the treasurer of state for deposit into the peace officer 963
training commission fund if a state law enforcement agency, other 965
than the state highway patrol, the department of public safety, 966
or the state board of pharmacy, made the seizure. The 967
prosecuting attorney may decline to accept any of the remaining 968
proceeds or forfeited moneys, and, if the prosecuting attorney so 969
declines, the remaining proceeds or forfeited moneys shall be 970
applied to the fund described in this division that relates to 971
the law enforcement agency that made the seizure. 972
A law enforcement trust fund shall be established by the 974
prosecuting attorney of each county who intends to receive any 975
remaining proceeds or forfeited moneys pursuant to this division, 976
by the sheriff of each county, by the legislative authority of 977
each municipal corporation, by the board of township trustees of 978
each township that has a township police department, township 979
police district police force, or office of the constable, and by 980
the board of park commissioners of each park district created 981
pursuant to section 511.18 or 1545.01 of the Revised Code that 982
has a park district police force or law enforcement department, 983
for the purposes of this division. There is hereby created in 984
the state treasury the state highway patrol contraband, 985
forfeiture, and other fund, the liquor enforcement contraband, 986
forfeiture, and other fund, the food stamp contraband, 987
forfeiture, and other fund, and the peace officer training 988
commission fund, for the purposes described in this division. 990
Proceeds or forfeited moneys distributed to any municipal 992
corporation, township, or park district law enforcement trust 993
fund shall be allocated from the fund by the legislative 994
authority only to the police department of the municipal 995
corporation, by the board of township trustees only to the 996
township police department, township police district police 997
force, or office of the constable, and by the board of park 998
commissioners only to the park district police force or law 999
26
enforcement department. 1,000
Additionally, no proceeds or forfeited moneys shall be 1,002
allocated to or used by the state highway patrol, the food stamp 1,003
trafficking unit or liquor enforcement unit of the department of 1,005
public safety, the state board of pharmacy, or a county 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 unless the state highway patrol, 1,010
department of public safety, state board of pharmacy, sheriff, 1,011
prosecuting attorney, municipal corporation police department, 1,012
township police department, township police district police 1,013
force, office of the constable, or park district police force or 1,014
law enforcement department has adopted a written internal control 1,015
policy under division (D)(3) of this section that addresses the 1,016
use of moneys received from the state highway patrol contraband, 1,017
forfeiture, and other fund, the liquor enforcement contraband, 1,018
forfeiture, and other fund, the food stamp contraband,
forfeiture, and other fund, the board of pharmacy drug law 1,019
enforcement fund, or the appropriate law enforcement trust fund. 1,020
The state highway patrol contraband, forfeiture, and other fund, 1,021
the liquor enforcement contraband, forfeiture, and other fund, 1,022
the food stamp contraband, forfeiture, and other fund, and a law 1,023
enforcement trust fund shall be expended only in accordance with 1,024
the written internal control policy so adopted by the recipient, 1,025
and, subject to the requirements specified in division 1,026
(D)(3)(a)(ii) of this section, only to pay the costs of 1,027
protracted or complex investigations or prosecutions, to provide 1,028
reasonable technical training or expertise, to provide matching 1,029
funds to obtain federal grants to aid law enforcement, in the 1,030
support of DARE programs or other programs designed to educate 1,031
adults or children with respect to the dangers associated with 1,032
the use of drugs of abuse, or for other law enforcement purposes 1,034
that the superintendent of the state highway patrol, department 1,035
27
of public safety, prosecuting attorney, county sheriff, 1,036
legislative authority, board of township trustees, or board of 1,037
park commissioners determines to be appropriate. The board of 1,038
pharmacy drug law enforcement fund shall be expended only in 1,039
accordance with the written internal control policy so adopted by 1,040
the board and only in accordance with section 4729.65 of the 1,041
Revised Code. The state highway patrol contraband, forfeiture, 1,042
and other fund, the liquor enforcement contraband, seizure, and
other fund, the food stamp contraband, forfeiture, and other 1,043
fund, the board of pharmacy drug law enforcement fund, and a law 1,045
enforcement trust fund shall not be used to meet the operating 1,046
costs of the state highway patrol, of the food stamp trafficking 1,047
unit or liquor enforcement unit of the department of public 1,048
safety, of the state board of pharmacy, of any political 1,049
subdivision, or of any office of a prosecuting attorney or county 1,050
sheriff that are unrelated to law enforcement.
Proceeds and forfeited moneys that are paid into the state 1,052
treasury to be deposited into the peace officer training 1,053
commission fund shall be used by the commission only to pay the 1,055
costs of peace officer training. 1,056
Any sheriff or prosecuting attorney who receives proceeds 1,058
or forfeited moneys pursuant to this division during any calendar 1,059
year shall file a report with the county auditor, no later than 1,060
the thirty-first day of January of the next calendar year, 1,061
verifying that the proceeds and forfeited moneys were expended 1,062
only for the purposes authorized by this division and division 1,063
(D)(3)(a)(ii) of this section and specifying the amounts expended 1,064
for each authorized purpose. Any municipal corporation police 1,065
department that is allocated proceeds or forfeited moneys from a 1,066
municipal corporation law enforcement trust fund pursuant to this 1,067
division during any calendar year shall file a report with the 1,068
legislative authority of the municipal corporation, no later than 1,069
the thirty-first day of January of the next calendar year, 1,070
verifying that the proceeds and forfeited moneys were expended 1,071
28
only for the purposes authorized by this division and division 1,072
(D)(3)(a)(ii) of this section and specifying the amounts expended 1,073
for each authorized purpose. Any township police department, 1,074
township police district police force, or office of the constable 1,075
that is allocated proceeds or forfeited moneys from a township 1,076
law enforcement trust fund pursuant to this division during any 1,077
calendar year shall file a report with the board of township 1,078
trustees of the township, no later than the thirty-first day of 1,079
January of the next calendar year, verifying that the proceeds 1,080
and forfeited moneys were expended only for the purposes 1,081
authorized by this division and division (D)(3)(a)(ii) of this 1,082
section and specifying the amounts expended for each authorized 1,083
purpose. Any park district police force or law enforcement 1,084
department that is allocated proceeds or forfeited moneys from a 1,085
park district law enforcement trust fund pursuant to this 1,086
division during any calendar year shall file a report with the 1,087
board of park commissioners of the park district, no later than 1,088
the thirty-first day of January of the next calendar year, 1,089
verifying that the proceeds and forfeited moneys were expended 1,090
only for the purposes authorized by this division and division 1,091
(D)(3)(a)(ii) of this section and specifying the amounts expended 1,092
for each authorized purpose. The superintendent of the state 1,093
highway patrol shall file a report with the attorney general, no 1,094
later than the thirty-first day of January of each calendar year, 1,095
verifying that proceeds and forfeited moneys paid into the state 1,096
highway patrol contraband, forfeiture, and other fund pursuant to 1,097
this division during the prior calendar year were used by the 1,098
state highway patrol during the prior calendar year only for the 1,099
purposes authorized by this division and specifying the amounts 1,100
expended for each authorized purpose. The executive director of 1,101
the state board of pharmacy shall file a report with the attorney 1,102
general, no later than the thirty-first day of January of each 1,103
calendar year, verifying that proceeds and forfeited moneys paid 1,104
into the board of pharmacy drug law enforcement fund during the 1,105
29
prior calendar year were used only in accordance with section 1,106
4729.65 of the Revised Code and specifying the amounts expended 1,107
for each authorized purpose. The peace officer training 1,108
commission shall file a report with the attorney general, no 1,109
later than the thirty-first day of January of each calendar year, 1,111
verifying that proceeds and forfeited moneys paid into the peace 1,112
officer training commission fund pursuant to this division during 1,114
the prior calendar year were used by the commission during the 1,115
prior calendar year only to pay the costs of peace officer 1,117
training and specifying the amount used for that purpose. 1,118
(2) If more than one law enforcement agency is 1,120
substantially involved in the seizure of contraband that is 1,121
forfeited pursuant to this section, the court ordering the 1,122
forfeiture shall equitably divide the proceeds or forfeited 1,123
moneys, after calculating any distribution to the law enforcement 1,124
trust fund of the prosecuting attorney pursuant to division 1,125
(D)(1)(c) of this section, among any county sheriff whose office 1,126
is determined by the court to be substantially involved in the 1,127
seizure, any legislative authority of a municipal corporation 1,128
whose police department is determined by the court to be 1,129
substantially involved in the seizure, any board of township 1,130
trustees whose law enforcement agency is determined by the court 1,131
to be substantially involved in the seizure, any board of park 1,132
commissioners of a park district whose police force or law 1,133
enforcement department is determined by the court to be 1,134
substantially involved in the seizure, the state board of 1,135
pharmacy if it is determined by the court to be substantially 1,136
involved in the seizure, the food stamp trafficking unit or 1,137
liquor enforcement unit of the department of public safety if it 1,138
is determined by the court to be substantially involved in the 1,139
seizure, and the state highway patrol if it is determined by the 1,140
court to be substantially involved in the seizure. The proceeds 1,141
or forfeited moneys shall be deposited in the respective law 1,142
enforcement trust funds of the county sheriff, municipal 1,143
30
corporation, township, and park district, the board of pharmacy 1,144
drug law enforcement fund, the liquor enforcement contraband, 1,146
forfeiture, and other fund, the food stamp contraband, 1,147
forfeiture, and other fund, or the state highway patrol 1,148
contraband, forfeiture, and other fund, in accordance with 1,149
division (D)(1)(c) of this section. If a state law enforcement 1,150
agency, other than the state highway patrol, the food stamp 1,151
trafficking unit or liquor enforcement unit of the department of 1,152
public safety, or the state board of pharmacy, is determined by 1,153
the court to be substantially involved in the seizure, the state 1,154
agency's equitable share of the proceeds and forfeited moneys 1,155
shall be paid to the treasurer of state for deposit into the 1,156
peace officer training commission fund. 1,157
(3)(a)(i) Prior to being allocated or using any proceeds 1,159
or forfeited moneys out of the state highway patrol contraband, 1,160
forfeiture, and other fund, the liquor enforcement contraband, 1,161
forfeiture, and other fund, the food stamp contraband, seizure, 1,162
and other fund, the board of pharmacy drug law enforcement fund, 1,164
or a law enforcement trust fund under division (D)(1)(c) of this 1,165
section, the state highway patrol, the department of public
safety, the state board of pharmacy, and a county sheriff, 1,166
prosecuting attorney, municipal corporation police department, 1,167
township police department, township police district police 1,168
force, office of the constable, or park district police force or 1,169
law enforcement department shall adopt a written internal control 1,170
policy that addresses the state highway patrol's, department of 1,171
public safety's, state board of pharmacy's, sheriff's, 1,172
prosecuting attorney's, police department's, police force's, 1,173
office of the constable's, or law enforcement department's use 1,174
and disposition of all the proceeds and forfeited moneys received 1,175
and that provides for the keeping of detailed financial records 1,176
of the receipts of the proceeds and forfeited moneys, the general 1,177
types of expenditures made out of the proceeds and forfeited 1,178
moneys, the specific amount of each general type of expenditure, 1,179
31
and the amounts, portions, and programs described in division 1,180
(D)(3)(a)(ii) of this section. The policy shall not provide for 1,181
or permit the identification of any specific expenditure that is 1,182
made in an ongoing investigation. 1,183
All financial records of the receipts of the proceeds and 1,185
forfeited moneys, the general types of expenditures made out of 1,186
the proceeds and forfeited moneys, the specific amount of each 1,187
general type of expenditure by the state highway patrol, by the 1,188
department of public safety, by the state board of pharmacy, and 1,189
by a sheriff, prosecuting attorney, municipal corporation police 1,190
department, township police department, township police district 1,191
police force, office of the constable, or park district police 1,192
force or law enforcement department, and the amounts, portions, 1,193
and programs described in division (D)(3)(a)(ii) of this section 1,194
are public records open for inspection under section 149.43 of 1,195
the Revised Code. Additionally, a written internal control 1,196
policy adopted under this division is a public record of that 1,197
nature, and the state highway patrol, the department of public 1,198
safety, the state board of pharmacy, or the sheriff, prosecuting 1,199
attorney, municipal corporation police department, township 1,200
police department, township police district police force, office 1,201
of the constable, or park district police force or law 1,202
enforcement department that adopted it shall comply with it. 1,203
(ii) The written internal control policy of a county 1,205
sheriff, prosecuting attorney, municipal corporation police 1,206
department, township police department, township police district 1,207
police force, office of the constable, or park district police 1,208
force or law enforcement department shall provide that at least 1,209
ten per cent of the first one hundred thousand dollars of 1,210
proceeds and forfeited moneys deposited during each calendar year 1,211
in the sheriff's, prosecuting attorney's, municipal 1,212
corporation's, township's, or park district's law enforcement 1,213
trust fund pursuant to division (B)(8)(c) of section 2925.44 of 1,214
the Revised Code, and at least twenty per cent of the proceeds 1,215
32
and forfeited moneys exceeding one hundred thousand dollars that 1,216
are so deposited, shall be used in connection with community 1,217
preventive education programs. The manner in which the described 1,218
percentages are so used shall be determined by the sheriff, 1,219
prosecuting attorney, department, police force, or office of the 1,220
constable after the receipt and consideration of advice on 1,221
appropriate community preventive education programs from the 1,222
county's board of alcohol, drug addiction, and mental health 1,223
services, from the county's alcohol and drug addiction services 1,224
board, or through appropriate community dialogue. The financial 1,225
records described in division (D)(3)(a)(i) of this section shall 1,226
specify the amount of the proceeds and forfeited moneys deposited 1,227
during each calendar year in the sheriff's, prosecuting 1,228
attorney's, municipal corporation's, township's, or park 1,229
district's law enforcement trust fund pursuant to division 1,230
(B)(8)(c) of section 2925.44 of the Revised Code, the portion of 1,231
that amount that was used pursuant to the requirements of this 1,232
division, and the community preventive education programs in 1,233
connection with which the portion of that amount was so used. 1,234
As used in this division, "community preventive education 1,236
programs" includes, but is not limited to, DARE programs and 1,237
other programs designed to educate adults or children with 1,238
respect to the dangers associated with the use of drugs of abuse. 1,239
(b) Each sheriff, prosecuting attorney, municipal 1,241
corporation police department, township police department, 1,242
township police district police force, office of the constable, 1,243
or park district police force or law enforcement department that 1,244
receives in any calendar year any proceeds or forfeited moneys 1,245
out of a law enforcement trust fund under division (D)(1)(c) of 1,246
this section or uses any proceeds or forfeited moneys in its law 1,247
enforcement trust fund in any calendar year shall prepare a 1,248
report covering the calendar year that cumulates all of the 1,249
information contained in all of the public financial records kept 1,250
by the sheriff, prosecuting attorney, municipal corporation 1,251
33
police department, township police department, township police 1,252
district police force, office of the constable, or park district 1,253
police force or law enforcement department pursuant to division 1,254
(D)(3)(a) of this section for that calendar year, and shall send 1,255
a copy of the cumulative report, no later than the first day of 1,256
March in the calendar year following the calendar year covered by 1,257
the report, to the attorney general. 1,258
The superintendent of the state highway patrol shall 1,260
prepare a report covering each calendar year in which the state 1,261
highway patrol uses any proceeds or forfeited moneys in the state 1,262
highway patrol contraband, forfeiture, and other fund under 1,263
division (D)(1)(c) of this section, that cumulates all of the 1,264
information contained in all of the public financial records kept 1,265
by the state highway patrol pursuant to division (D)(3)(a) of 1,266
this section for that calendar year, and shall send a copy of the 1,267
cumulative report, no later than the first day of March in the 1,268
calendar year following the calendar year covered by the report, 1,269
to the attorney general. 1,270
The department of public safety shall prepare a report 1,272
covering each fiscal year in which the department uses any 1,273
proceeds or forfeited moneys in the liquor enforcement 1,274
contraband, seizure, and other fund and the food stamp 1,275
contraband, forfeiture, and other fund under division (D)(1)(c) 1,276
of this section that cumulates all of the information contained 1,277
in all of the public financial records kept by the department 1,278
pursuant to division (D)(3)(a) of this section for that fiscal 1,279
year. The department shall send a copy of the cumulative report 1,280
to the attorney general no later than the first day of August in 1,281
the fiscal year following the fiscal year covered by the report. 1,282
The director of public safety shall include in the report a 1,283
verification that proceeds and forfeited moneys paid into the 1,284
liquor enforcement contraband, seizure, and other fund and the 1,286
food stamp contraband, forfeiture, and other fund under division 1,288
(D)(1)(c) of this section during the preceding fiscal year were 1,289
34
used by the department during that fiscal year only for the 1,290
purposes authorized by that division and shall specify the amount 1,291
used for each authorized purpose.
The executive director of the state board of pharmacy shall 1,293
prepare a report covering each calendar year in which the board 1,294
uses any proceeds or forfeited moneys in the board of pharmacy 1,295
drug law enforcement fund under division (D)(1)(c) of this 1,296
section, that cumulates all of the information contained in all 1,297
of the public financial records kept by the board pursuant to 1,298
division (D)(3)(a) of this section for that calendar year, and 1,299
shall send a copy of the cumulative report, no later than the 1,300
first day of March in the calendar year following the calendar 1,301
year covered by the report, to the attorney general. Each report 1,302
received by the attorney general is a public record open for 1,303
inspection under section 149.43 of the Revised Code. The 1,304
attorney general shall make copies of each report received, and, 1,305
no later than the fifteenth day of April in the calendar year in 1,306
which the report is received, shall send a copy of it to the 1,307
president of the senate and the speaker of the house of 1,308
representatives. 1,309
(4)(a) A law enforcement agency that receives pursuant to 1,311
federal law proceeds from a sale of forfeited contraband, 1,312
proceeds from another disposition of forfeited contraband, or 1,313
forfeited contraband moneys shall deposit, use, and account for 1,314
the proceeds or forfeited moneys in accordance with, and 1,315
otherwise comply with, the applicable federal law. 1,316
(b) If the state highway patrol receives pursuant to 1,318
federal law proceeds from a sale of forfeited contraband, 1,319
proceeds from another disposition of forfeited contraband, or 1,320
forfeited contraband moneys, the appropriate governmental 1,321
officials shall deposit into the state highway patrol contraband,
forfeiture, and other fund all interest or other earnings derived 1,322
from the investment of the proceeds or forfeited moneys. The 1,323
state highway patrol shall use and account for that interest or 1,324
35
other earnings in accordance with the applicable federal law. 1,325
(c) IF THE LIQUOR ENFORCEMENT UNIT OF THE DEPARTMENT OF 1,327
PUBLIC SAFETY RECEIVES PURSUANT TO FEDERAL LAW PROCEEDS FROM A 1,328
SALE OF FORFEITED CONTRABAND, PROCEEDS FROM ANOTHER DISPOSITION 1,329
OF FORFEITED CONTRABAND, OR FORFEITED CONTRABAND MONEYS, THE 1,330
APPROPRIATE GOVERNMENTAL OFFICIALS SHALL DEPOSIT INTO THE LIQUOR 1,331
ENFORCEMENT CONTRABAND, FORFEITURE, AND OTHER FUND ALL INTEREST 1,332
OR OTHER EARNINGS DERIVED FROM THE INVESTMENT OF THE PROCEEDS OR 1,333
FORFEITED MONEYS. THE DEPARTMENT SHALL USE AND ACCOUNT FOR THAT 1,334
INTEREST OR OTHER EARNINGS IN ACCORDANCE WITH THE APPLICABLE 1,335
FEDERAL LAW. 1,336
(d) IF THE FOOD STAMP FRAUD UNIT OF THE DEPARTMENT OF 1,339
PUBLIC SAFETY RECEIVES PURSUANT TO FEDERAL LAW PROCEEDS FROM A 1,340
SALE OF FORFEITED CONTRABAND, PROCEEDS FROM ANOTHER DISPOSITION 1,341
OF FORFEITED CONTRABAND, OR FORFEITED CONTRABAND MONEYS, THE 1,342
APPROPRIATE GOVERNMENTAL OFFICIALS SHALL DEPOSIT INTO THE FOOD 1,343
STAMP CONTRABAND, FORFEITURE, AND OTHER FUND ALL INTEREST OR 1,344
OTHER EARNINGS DERIVED FROM THE INVESTMENT OF THE PROCEEDS OR 1,345
FORFEITED MONEYS. THE DEPARTMENT SHALL USE AND ACCOUNT FOR THAT 1,346
INTEREST OR OTHER EARNINGS IN ACCORDANCE WITH THE APPLICABLE 1,347
FEDERAL LAW.
(e) Divisions (D)(1) to (3) of this section do not apply 1,349
to proceeds or forfeited moneys received pursuant to federal law 1,351
or to the interest or other earnings that are derived from the 1,352
investment of proceeds or forfeited moneys received pursuant to 1,353
federal law and that are described in division (D)(4)(b) of this 1,354
section.
(E) Upon the sale pursuant to this section of any property 1,356
that is required to be titled or registered under law, the state 1,357
shall issue an appropriate certificate of title or registration 1,358
to the purchaser. If the state is vested with title pursuant to 1,359
division (C) of this section and elects to retain property that 1,360
is required to be titled or registered under law, the state shall 1,361
issue an appropriate certificate of title or registration. 1,362
36
(F) Notwithstanding any provisions of this section to the 1,364
contrary, any property that is lawfully seized in relation to a 1,365
violation of section 2923.32 of the Revised Code shall be subject 1,366
to forfeiture and disposition in accordance with sections 2923.32 1,367
to 2923.36 of the Revised Code, and any property that is 1,369
forfeited pursuant to section 2925.42 or 2925.43 of the Revised 1,370
Code in relation to a felony drug abuse offense, as defined in 1,371
section 2925.01 of the Revised Code, or in relation to an act 1,372
that, if committed by an adult, would be a felony drug abuse 1,373
offense of that nature, may be subject to forfeiture and
disposition in accordance with sections 2925.41 to 2925.45 of the 1,375
Revised Code or this section. 1,376
(G) Any failure of a law enforcement officer or agency, a 1,378
prosecuting attorney, village solicitor, city director of law, or 1,379
similar chief legal officer, a court, or the attorney general to 1,380
comply with any duty imposed by this section in relation to any 1,381
property seized or with any other provision of this section in 1,382
relation to any property seized does not affect the validity of 1,383
the seizure of the property, provided the seizure itself was made 1,384
in accordance with law, and is not and shall not be considered to 1,385
be the basis for the suppression of any evidence resulting from 1,386
the seizure of the property, provided the seizure itself was made 1,387
in accordance with law. 1,388
(H) Contraband that has been forfeited pursuant to 1,390
division (C) of this section shall not be available for use to 1,391
pay any fine imposed upon a person who is convicted of or pleads 1,392
guilty to an underlying criminal offense or a different offense 1,393
arising out of the same facts and circumstances. 1,394
Sec. 3701.022. As used in sections 3701.021 to 3701.028 of 1,404
the Revised Code: 1,405
(A) "Medically handicapped child" means an Ohio resident 1,407
under twenty-one years of age who suffers primarily from an 1,408
organic disease, defect, or a congenital or acquired physically 1,409
handicapping and associated condition that may hinder the 1,410
37
achievement of normal growth and development. 1,411
(B) "Provider" means a health professional, hospital, 1,413
medical equipment supplier, and any individual, group, or agency 1,414
that is approved by the department of health pursuant to division 1,415
(C) of section 3701.023 of the Revised Code and that provides or 1,416
intends to provide goods or services to a child who is eligible 1,417
for the program for medically handicapped children. 1,418
(C) "Service coordination" means case management services 1,420
provided to medically handicapped children that promote effective 1,421
and efficient organization and utilization of public and private 1,422
resources and ensure that care rendered is family-centered, 1,423
community-based, and coordinated. 1,424
(D)(1) "Third party" means any person or government entity 1,426
other than the following: 1,427
(a) A medically handicapped child participating in the 1,429
program for medically handicapped children or his THE CHILD'S 1,430
parent or guardian; 1,431
(b) The department or any program administered by the 1,433
department, including the hospital motor vehicle claims program 1,434
established under sections 3701.61 to 3701.69 of the Revised Code 1,435
and the "Maternal and Child Health Block Grant," Title V of the 1,436
"Social Security Act," 95 Stat. 818 (1981), 42 U.S.C.A. 701, as 1,437
amended; 1,438
(c) The "caring program for children" operated by the 1,440
nonprofit community mutual insurance corporation. 1,441
(2) "Third party" includes all of the following: 1,443
(a) Any trust established to benefit a medically 1,445
handicapped child participating in the program or his THE CHILD'S 1,446
family or guardians, if the trust was established after the date 1,448
the medically handicapped child applied to participate in the 1,449
program; 1,450
(b) That portion of a trust designated to pay for the 1,452
medical and ancillary care of a medically handicapped child, if 1,453
the trust was established on or before the date the medically 1,454
38
handicapped child applied to participate in the program; 1,455
(c) The program awarding reparations to victims of crime 1,457
established under sections 2743.51 to 2743.72 of the Revised 1,458
Code. 1,459
(E) "Third-party benefits" means any and all benefits paid 1,461
by a third party to or on behalf of a medically handicapped child 1,462
participating in the program or his THE CHILD'S parent or 1,463
guardian for goods or services that are authorized by the 1,465
department pursuant to division (B) or (D) of section 3701.023 of 1,466
the Revised Code.
Sec. 3701.07. (A) The public health council shall adopt 1,475
rules in accordance with Chapter 119. of the Revised Code 1,476
defining and classifying hospitals and dispensaries and providing 1,477
for the reporting of classification information by hospitals and 1,478
dispensaries. The rules may require each hospital to report 1,479
information in the following categories, shall limit the 1,480
information to information necessary to classify hospitals and 1,481
dispensaries as general or specialty facilities, and shall not 1,482
include any confidential patient data or any information 1,483
concerning the financial condition, income, expenses, or net 1,484
worth of the facilities other than that financial information 1,485
already contained in those portions of the medicare or medicaid 1,486
cost report that is necessary for the department of health to 1,487
certify the per diem cost under section 3701.62 of the Revised 1,488
Code: 1,489
(1) Information needed to identify and classify the 1,491
institution; 1,492
(2) Information on facilities and type and volume of 1,494
services provided by the institution; 1,495
(3) The number of beds listed by category of care 1,497
provided; 1,498
(4) The number of licensed or certified professional 1,500
employees by classification; 1,501
(5) Information necessary for calculation of a per diem 1,503
39
rate for reimbursement under section 3701.62 of the Revised Code; 1,504
(6) The number of births that occurred at the institution 1,506
the previous calendar year. 1,507
Every hospital and dispensary, public or private, annually 1,509
shall register with and report to the department of health on 1,510
forms prescribed in rules adopted under this division. 1,511
(B) Every governmental entity or private nonprofit 1,513
corporation or association whose employees or representatives are 1,514
defined as residents' rights advocates under divisions (E)(1) and 1,515
(2) of section 3721.10 or division (A)(10) of section 3722.01 of 1,516
the Revised Code shall register with the department of health on 1,517
forms furnished by the director of health and shall provide such 1,518
reasonable identifying information as he THE DIRECTOR may 1,519
prescribe.
The department shall compile a list of the governmental 1,521
entities, corporations, or associations registering under this 1,522
division and shall update the list annually. Copies of the list 1,523
shall be made available to nursing home administrators as defined 1,524
in division (C) of section 3721.10 of the Revised Code and to 1,525
adult care facility managers as defined in section 3722.01 of the 1,526
Revised Code. 1,527
(C) Every governmental entity or private nonprofit 1,529
corporation or association whose employees or representatives act 1,530
as residents' rights advocates for community alternative homes 1,531
pursuant to section 3724.08 of the Revised Code shall register 1,532
with the department of health on forms furnished by the director 1,533
of health and shall provide such reasonable identifying 1,534
information as he THE DIRECTOR may prescribe. 1,535
The department shall compile a list of the governmental 1,537
entities, corporations, and associations registering under this 1,538
division and shall update the list annually. Copies of the list 1,539
shall be made available to operators or residence managers of 1,540
community alternative homes as defined in section 3724.01 of the 1,541
Revised Code. 1,542
40
Sec. 3701.83. (A) There is hereby created in the state 1,551
treasury the general operations fund. Moneys in the fund shall 1,552
be used for the purposes specified in sections 3701.04, 3701.344, 1,553
3701.88, 3702.20, 3710.15, 3711.021, 3721.02, 3722.04, 3732.04, 1,555
3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12, 1,556
3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 of the 1,557
Revised Code.
(B) THE ALCOHOL TESTING PROGRAM FUND IS HEREBY CREATED IN 1,560
THE STATE TREASURY. THE DIRECTOR OF HEALTH SHALL USE THE FUND TO
ADMINISTER AND ENFORCE THE ALCOHOL TESTING AND PERMIT PROGRAM 1,561
AUTHORIZED BY SECTION 3701.143 OF THE REVISED CODE. 1,562
THE FUND SHALL RECEIVE TRANSFERS FROM THE LIQUOR CONTROL 1,565
FUND CREATED UNDER SECTION 4301.12 OF THE REVISED CODE. ALL 1,566
INVESTMENT EARNINGS OF THE ALCOHOL TESTING PROGRAM FUND SHALL BE 1,567
CREDITED TO THE FUND.
Sec. 4301.12. The division of liquor control shall provide 1,578
for the custody, safekeeping, and deposit of all moneys, checks, 1,579
and drafts received by it or any of its employees or agents prior 1,580
to paying them to the treasurer of state as provided by section 1,581
113.08 of the Revised Code.
A sum equal to three dollars and thirty-eight cents for 1,583
each gallon of spirituous liquor sold by the division during the 1,585
period covered by the payment shall be paid into the state
treasury to the credit of the general revenue fund. All moneys 1,586
received from permit fees shall be paid to the credit of the 1,587
undivided liquor permit fund established by section 4301.30 of 1,588
the Revised Code. 1,589
Except as otherwise provided by law, all moneys collected 1,591
under Chapters 4301. and 4303. of the Revised Code shall be paid 1,592
by the division into the state treasury to the credit of the 1,593
liquor control fund, which is hereby created. 1,594
Whenever, in the judgment of the director of budget and 1,596
management, the amount in the custody of the treasurer of state 1,597
to the credit of the liquor control fund is in excess of that 1,598
41
needed to meet the maturing obligations of the division and, as 1,600
working capital for its further operations, AND AS REQUIRED FOR
THE ALCOHOL TESTING PROGRAM UNDER SECTION 3701.143 OF THE REVISED 1,601
CODE, the director shall transfer the excess to the state 1,603
treasury to the credit of the general revenue fund. 1,604
Sec. 4501.03. The registrar of motor vehicles shall open 1,612
an account with each county and district of registration in the 1,613
state, and may assign each county and district of registration in 1,614
the state a unique code for identification purposes. Except as 1,615
provided in division (C) of section 4501.14, section 4501.044, or 1,617
division (B)(1) of section 4501.045 of the Revised Code, the 1,618
registrar shall pay all moneys the registrar receives under 1,619
sections 4503.02, 4503.12, and 4504.09 of the Revised Code into 1,620
the state treasury to the credit of the auto registration 1,621
distribution fund, which is hereby created, for distribution in 1,622
the manner provided for in this section and sections 4501.04, 1,623
4501.041, 4501.042, and 4501.043 of the Revised Code. All other 1,624
moneys received by the registrar shall be deposited in the state 1,625
bureau of motor vehicles fund established in section 4501.25 of 1,626
the Revised Code for the purposes enumerated in that section, 1,627
unless otherwise provided by law. 1,628
All moneys credited to the auto registration distribution 1,630
fund shall be distributed to the counties and districts of 1,631
registration, except for funds received by the registrar under 1,632
section 4504.09 of the Revised Code, after receipt of 1,633
certifications from the commissioners of the sinking fund 1,634
certifying, as required by sections 5528.15 and 5528.35 of the 1,635
Revised Code, that there are sufficient moneys to the credit of 1,636
the highway improvement bond retirement fund created by section 1,637
5528.12 of the Revised Code to meet in full all payments of 1,638
interest, principal, and charges for the retirement of bonds and 1,639
other obligations issued pursuant to Section 2g of Article VIII, 1,640
Ohio Constitution, and sections 5528.10 and 5528.11 of the 1,641
Revised Code due and payable during the current calendar year, 1,642
42
and that there are sufficient moneys to the credit of the highway 1,643
obligations bond retirement fund created by section 5528.32 of 1,644
the Revised Code to meet in full all payments of interest, 1,645
principal, and charges for the retirement of highway obligations 1,646
issued pursuant to Section 2i of Article VIII, Ohio Constitution, 1,647
and sections 5528.30 and 5528.31 of the Revised Code due and 1,648
payable during the current calendar year, in the manner provided 1,649
in section 4501.04 of the Revised Code. 1,650
The treasurer of state may invest any portion of the moneys 1,652
credited to the auto registration distribution fund, in the same 1,653
manner and subject to all the laws with respect to the investment 1,654
of state funds by the treasurer of state, and all investment 1,655
earnings of the fund shall be credited to the fund. 1,657
Once each month the registrar shall prepare vouchers in 1,659
favor of the county auditor of each county for the amount of the 1,660
tax collection pursuant to sections 4503.02 and 4503.12 of the 1,661
Revised Code apportioned to the county and to the districts of 1,662
registration located wholly or in part in the county auditor's 1,664
county. The county auditor shall distribute the proceeds of the
tax collections due the county and the districts of registration 1,666
in the manner provided in section 4501.04 of the Revised Code. 1,667
Once each month the registrar also shall prepare vouchers 1,669
in favor of the county auditor of each county levying a county 1,670
motor vehicle license tax pursuant to section 4504.02, 4504.15, 1,671
or 4504.16 of the Revised Code and of each county in which is 1,672
located one or more townships levying a township motor vehicle 1,673
license tax pursuant to section 4504.18 of the Revised Code for 1,674
the amount of the tax due the county or townships in the county. 1,675
All moneys received by the registrar under sections 1,677
4503.02, 4503.12, and 4504.09 of the Revised Code shall be 1,678
distributed to counties, townships, and municipal corporations 1,679
within thirty days of the expiration of the registration year, 1,680
except that a sum equal to five per cent of the total amount 1,681
received under sections 4503.02 and 4503.12 of the Revised Code 1,682
43
may be reserved to make final adjustments in accordance with the 1,683
formula for distribution set forth in section 4501.04 of the 1,684
Revised Code. If amounts set aside to make the adjustments are 1,685
inadequate, necessary adjustments shall be made immediately out 1,686
of funds available for distribution for the following two 1,687
registration years. 1,688
Sec. 4501.14. (A) There is hereby created in the state 1,697
treasury the central registration fund, to which shall be 1,698
credited the fees charged in division (G) of section 4503.102 of 1,699
the Revised Code, unless otherwise provided by law. Additional 1,700
expenses EXPENSES incurred by the registrar of motor vehicles for 1,701
implementation of the central mail-in system of motor vehicle 1,702
registration renewals shall be charged to the central 1,703
registration fund. THE DIRECTOR OF BUDGET AND MANAGEMENT MAY 1,705
TRANSFER EXCESS MONEY FROM THE CENTRAL REGISTRATION FUND TO THE
STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED BY SECTION 1,706
4501.25 OF THE REVISED CODE IF THE REGISTRAR DETERMINES THE 1,707
AMOUNT OF MONEY IN THE CENTRAL REGISTRATION FUND EXCEEDS THE 1,708
AMOUNT REQUIRED TO COVER COSTS AND REQUESTS THE DIRECTOR TO MAKE
THE TRANSFER. All investment earnings of the central 1,709
registration fund shall be credited to the central registration 1,710
fund. 1,711
(B) By the fifteenth day of October of each year, the 1,713
registrar and the director of the office of budget and management 1,714
shall determine and certify for the preceding fiscal year the 1,715
amount, if any, by which the fees collected and paid into the 1,716
central registration fund exceed the expenses incurred by the 1,717
registrar during such year that are determined to be expenses 1,718
that would not have been incurred except for the enactment of 1,719
Amended Substitute Senate Bill No. 1 of the 117th general 1,720
assembly. The amount of the excess shall be transferred from the 1,721
central registration fund to the auto registration distribution 1,722
fund within ten days of the date on which the certification is 1,723
made, except as follows: 1,724
44
(1) First, the registrar and the director may determine 1,726
the amount of the excess, if any, that will be necessary to meet 1,727
anticipated expenses in the next fiscal year and that amount 1,728
shall be retained in the central registration fund; 1,729
(2) Second, the amount of the remaining excess, if any, 1,731
equal to the number of motor vehicles inspected pursuant to 1,732
section 4505.061 of the Revised Code as determined and certified 1,733
by the registrar, multiplied by fifty cents shall be transferred 1,734
into the state bureau of motor vehicles fund established by 1,735
section 4501.25 of the Revised Code. 1,736
(C) The director of the office of budget and management 1,738
shall determine and certify the amount of any estimated 1,739
deficiency in the central registration fund. The amount of the 1,740
deficiency shall be paid into the central registration fund from 1,741
moneys received by the registrar under section 4503.02 of the 1,742
Revised Code, at such times and in a manner determined by the 1,743
director and the registrar. 1,744
Sec. 4501.15. (A) The department of public safety shall 1,753
not provide social security numbers from its driver license and 1,755
vehicle registration records to any person, except local, state, 1,756
or federal governmental agencies. This section DIVISION does not 1,757
preclude the registrar from reporting a person's social security 1,759
number if the number was provided in the request for information.
(B) THE DEPARTMENT SHALL NOT PROVIDE TO ANY PERSON CREDIT 1,761
CARD ACCOUNT NUMBERS OR ANY OTHER INFORMATION OBTAINED WHEN A 1,762
PERSON USES A CREDIT CARD TO PAY MOTOR VEHICLE REGISTRATION TAXES 1,763
OR FEES, LICENSE FEES, OR OTHER SIMILAR TAXES, FEES, PENALTIES, 1,764
OR CHARGES IMPOSED OR LEVIED BY THE STATE AND COLLECTED BY THE 1,765
DEPARTMENT, EXCEPT THAT SUCH INFORMATION MAY BE PROVIDED TO THE 1,766
FINANCIAL INSTITUTIONS AND CREDIT ISSUING COMPANIES DIRECTLY
INVOLVED IN THE CREDIT TRANSACTION OR TO LOCAL, STATE, OR FEDERAL 1,767
GOVERNMENTAL AGENCIES.
Sec. 4501.16. THERE IS HEREBY CREATED IN THE STATE 1,769
TREASURY THE MARCS MAINTENANCE FUND. THE FUND SHALL CONSIST OF 1,770
45
MONEYS RECEIVED BY THE STATE HIGHWAY PATROL FROM USERS OF THE 1,772
MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM (MARCS). THE FUND SHALL 1,773
BE USED TO PROVIDE MAINTENANCE FOR MARCS-RELATED EQUIPMENT 1,774
LOCATED AT BOTH THE MARCS FACILITIES AND TOWER SITES. ALL 1,776
INVESTMENT EARNINGS ON MONEYS IN THE FUND SHALL BE CREDITED TO 1,777
THE FUND.
Sec. 4501.19. There is hereby created in the state 1,786
treasury the law enforcement reimbursement fund. The LAW 1,787
ENFORCEMENT REIMBURSEMENT fund shall consist of those fees 1,788
collected by the registrar of motor vehicles under division 1,790
(A)(6) of section 4503.233 of the Revised Code, and shall be used 1,791
to make payments to law enforcement agencies in accordance with 1,792
that division. HOWEVER, THE DIRECTOR OF BUDGET AND MANAGEMENT 1,793
MAY TRANSFER EXCESS MONEY FROM THE LAW ENFORCEMENT REIMBURSEMENT 1,794
FUND TO THE BUREAU OF MOTOR VEHICLES FUND CREATED IN SECTION 1,795
4501.25 OF THE REVISED CODE IF THE REGISTRAR DETERMINES THAT THE
AMOUNT OF MONEY IN THE LAW ENFORCEMENT REIMBURSEMENT FUND EXCEEDS 1,796
THE AMOUNTS REQUIRED TO BE PAID BY DIVISION (A)(6) OF SECTION 1,797
4503.233 OF THE REVISED CODE, AND THE REGISTRAR REQUESTS THE 1,798
DIRECTOR TO MAKE THE TRANSFER. All investment earnings of the 1,799
LAW ENFORCEMENT REIMBURSEMENT fund shall be credited to the fund. 1,800
Sec. 4501.20. There is hereby created in the state 1,809
treasury the collegiate license plate fund. The fund shall 1,810
consist of the contributions and fees that are paid to the 1,811
registrar of motor vehicles by applicants who voluntarily choose 1,812
to obtain collegiate license plates pursuant to section 4503.51 1,813
of the Revised Code. 1,814
A contribution deposited in the fund shall be paid to the 1,816
university or college whose name or marking or design appears on 1,817
collegiate license plates that are issued to a person under 1,818
section 4503.51 of the Revised Code. A university or college 1,819
that receives contributions from the fund shall deposit the 1,820
contributions into its general scholarship fund. The fees 1,821
deposited in the fund shall be used to pay the expenses the 1,822
46
bureau of motor vehicles incurs in providing the additional 1,823
services required in the issuing of collegiate license plates. 1,824
All 1,825
ALL investment earnings of the COLLEGIATE LICENSE PLATE 1,827
fund shall be credited to the fund. 1,828
Sec. 4501.22. There is hereby created in the state 1,837
treasury the pro football hall of fame license plate fund. The 1,838
fund shall consist of the contributions and fees that are paid to 1,839
the registrar of motor vehicles by applicants who voluntarily 1,840
choose to obtain pro football hall of fame license plates 1,841
pursuant to section 4503.55 of the Revised Code. 1,842
A contribution deposited in the fund shall be paid to the 1,844
pro football hall of fame, which shall deposit the contribution 1,845
into a special bank account that it establishes and that shall be 1,846
separate and distinct from any other account maintained by the 1,847
pro football hall of fame, to be used exclusively for the purpose 1,848
of promoting the pro football hall of fame as a travel 1,849
destination.
The fees deposited in the pro football hall of fame license 1,851
plate fund shall be used to pay the expenses the bureau of motor 1,853
vehicles incurs in providing the additional services required in 1,854
the issuing of pro football hall of fame license plates. 1,855
All investment earnings of the pro football hall of fame 1,857
license plate fund shall be credited to the fund. 1,858
Sec. 4501.28. THERE IS HEREBY CREATED IN THE STATE 1,860
TREASURY THE MARCS OPERATIONS FUND. THE FUND SHALL CONSIST OF 1,861
MONEYS RECEIVED BY THE EMERGENCY MANAGEMENT AGENCY ESTABLISHED 1,862
UNDER SECTION 5502.22 OF THE REVISED CODE FROM USERS OF THE 1,863
MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM (MARCS). THE FUND SHALL 1,864
BE USED TO PROVIDE FOR THE SYSTEMS OPERATIONS OF MARCS. ALL 1,865
INVESTMENT EARNINGS ON MONEYS IN THE FUND SHALL BE CREDITED TO
THE FUND.
Sec. 4503.102. (A) The registrar of motor vehicles shall 1,874
adopt rules to establish a centralized system of motor vehicle 1,875
47
registration renewal by mail. Any person owning a motor vehicle 1,876
that was registered in his THE PERSON'S name during the preceding 1,878
registration year shall renew the registration of the motor 1,879
vehicle either by mail through the centralized system of 1,880
registration established under this section or in person at a 1,881
deputy registrar's office.
(B)(1) No less than forty-five days prior to the 1,883
expiration date of any motor vehicle registration, the registrar 1,884
shall mail a renewal notice to the person in whose name the motor 1,885
vehicle is registered. The renewal notice shall clearly state 1,886
that the registration of the motor vehicle may be renewed by mail 1,887
through the centralized system of registration or in person at a 1,888
deputy registrar's office and shall be preprinted with 1,889
information including, but not limited to, the owner's name and 1,890
residence address as shown in the records of the bureau of motor 1,891
vehicles, a brief description of the motor vehicle to be 1,892
registered, notice of the license taxes and fees due on the motor 1,893
vehicle, the toll-free telephone number of the registrar as 1,894
required under division (D)(1) of section 4503.031 of the Revised 1,895
Code, and any additional information the registrar may require by 1,896
rule. The renewal notice shall be sent by regular mail to the 1,898
owner's last known address as shown in the records of the bureau
of motor vehicles. 1,899
(2) If the application for renewal of the registration of 1,902
a motor vehicle is prohibited from being accepted by the 1,903
registrar or a deputy registrar by division (D) of section 1,904
2935.27, division (A) of section 2937.221, division (B) of 1,905
section 4507.168, or division (B)(1) of section 4521.10 of the 1,906
Revised Code, the registrar is not required to send a renewal 1,907
notice to the vehicle owner or vehicle lessee.
(C) The owner of the motor vehicle shall verify the 1,909
information contained in the notice, sign it, and return it, in 1,910
person to a deputy registrar or by mail to the registrar, 1,911
together with a credit card number, when permitted by rule of the 1,912
48
registrar, check, or money order in the amount of the 1,913
registration taxes and fees payable on the motor vehicle and a 1,914
mail fee of two dollars and twenty-five cents plus postage as 1,915
indicated on the notice, if the registration is renewed by mail, 1,916
and an inspection certificate for the motor vehicle as provided 1,917
in section 3704.14 of the Revised Code. 1,918
(D) If all registration and transfer fees for the motor 1,920
vehicle for the preceding year or the preceding period of the 1,921
current registration year have not been paid, if division (D) of 1,922
section 2935.27, division (A) of section 2937.221, division (B) 1,924
of section 4507.168, or division (B)(1) of section 4521.10 of the 1,925
Revised Code prohibits acceptance of the renewal notice, or if
the owner or lessee does not have an inspection certificate for 1,927
the motor vehicle as provided in section 3704.14 of the Revised 1,928
Code, if that section is applicable, the license shall be refused 1,929
and the registrar or deputy registrar shall so notify the owner. 1,930
This section does not require the payment of license or 1,931
registration taxes on a motor vehicle for any preceding year, or 1,932
for any preceding period of a year, if the motor vehicle was not 1,933
taxable for that preceding year or period under section 4503.02, 1,934
4503.04, 4503.11, 4503.12, or 4503.16 or Chapter 4504. of the 1,935
Revised Code. 1,936
(E)(1) Failure to receive a renewal notice does not 1,938
relieve a motor vehicle owner from the responsibility to renew 1,940
the registration for the motor vehicle. Any person who has a 1,941
motor vehicle registered in this state and who does not receive a 1,942
renewal notice as provided in division (B) of this section prior 1,943
to the expiration date of the registration shall request an 1,944
application for registration from the registrar or a deputy 1,945
registrar and return the signed application and any applicable 1,946
license taxes and fees to the registrar or deputy registrar. 1,947
(2) If the owner of a motor vehicle submits an application 1,949
for registration and the registrar is prohibited by division (D) 1,950
of section 2935.27, division (A) of section 2937.221, division 1,953
49
(B) of section 4507.168, or division (B)(1) of section 4521.10 of 1,955
the Revised Code from accepting the application, the registrar
shall return the application and the payment to the owner and 1,956
also shall include an explanatory notice as described in division 1,957
(B)(2) of this section.
(F) Every deputy registrar shall post in a prominent place 1,959
at the deputy's office a notice informing the public of the mail 1,961
registration system required by this section, and also shall post 1,962
a notice that every owner of a motor vehicle and every chauffeur 1,963
holding a certificate of registration is required to notify the 1,964
registrar in writing of any change of residence within ten days 1,965
after the change occurs. The notice shall be in such form as the 1,966
registrar prescribes by rule. 1,967
(G) The two dollars and twenty-five cents fee, plus 1,969
postage and any credit card surcharge collected by the registrar 1,970
for registration by mail, shall be paid to the credit of the 1,971
central registration fund established by section 4501.14 of the 1,972
Revised Code. 1,973
(H) No later than January 1, 1991, the registrar shall 1,975
implement the initial phase of a credit card payment program 1,976
permitting payment of motor vehicle renewal registration taxes 1,977
and fees by means of a credit card when such renewal is made by 1,978
mail. No later than January 1, 1993, the THE registrar shall MAY 1,980
implement the final phase of the credit card payment A program 1,981
permitting payment of motor vehicle registration taxes and fees, 1,982
driver's license and commercial driver's license fees, and any 1,983
other taxes, fees, PENALTIES, or charges imposed or levied by the 1,985
state relating to such registrations and licenses that are 1,986
collected by the registrar or a deputy registrar by means of a 1,987
credit card when such motor vehicle registrations, license 1,988
applications, or other similar state-related transactions are 1,989
made in person at the office of the registrar or at a deputy 1,990
registrar's office. The registrar shall MAY adopt rules as 1,991
necessary for this purpose. No deputy registrar shall accept a 1,993
50
credit card as payment for the purchase of any goods sold by the 1,994
deputy registrar and any tax imposed by Chapter 5739. of the 1,995
Revised Code on the sale of such goods. 1,996
If a person uses a credit card to pay motor vehicle 1,998
registration taxes or fees, license fees, or other similar taxes, 1,999
fees, PENALTIES, or charges imposed or levied by the state as 2,000
provided in this section, a surcharge sufficient to pay the 2,002
required service charge of the financial institution or credit 2,003
card company shall be paid by the person using the credit card. 2,004
(I) For persons who reside in counties where tailpipe 2,006
emissions inspections are required under the motor vehicle 2,007
inspection and maintenance program, the notice required by 2,008
division (B) of this section shall also include the toll-free 2,009
telephone number maintained by the Ohio environmental protection 2,010
agency to provide information concerning the locations of 2,011
emissions testing centers. 2,012
Sec. 4503.191. (A) The identification license plate shall 2,021
be issued for a multi-year period as determined by the director 2,023
of public safety, and shall be accompanied by a validation 2,024
sticker, to be attached to the license plate. The validation 2,025
sticker shall indicate the expiration of the registration period
to which the motor vehicle for which the license plate is issued 2,026
is assigned, in accordance with rules adopted by the registrar. 2,027
During each succeeding year of the multi-year period following 2,029
the issuance of the plate and validation sticker, upon the filing 2,030
of an application for registration and the payment of the tax 2,031
therefor, a validation sticker alone shall be issued. The
validation stickers required under this section shall be of 2,032
different colors or shades each year, the new colors or shades to 2,033
be selected by the director.
(B) Identification license plates and, validation stickers 2,036
required under this section, AND COUNTY IDENTIFICATION STICKERS 2,037
shall be produced by Ohio penal industries. HOWEVER, THE 2,038
REGISTRAR AND OHIO PENAL INDUSTRIES MAY ENTER INTO AN AGREEMENT 2,040
51
UNDER WHICH THE BUREAU OF MOTOR VEHICLES AT CERTAIN TIMES MAY 2,041
PRODUCE CERTAIN TYPES OF VALIDATION AND COUNTY IDENTIFICATION 2,042
STICKERS. THE AGREEMENT SHALL SPECIFY THOSE TIMES AND TYPES OF 2,043
STICKERS.
Sec. 4503.51. (A) The owner of any passenger car, 2,052
noncommercial motor vehicle, or recreational vehicle may 2,053
voluntarily choose to submit an application to the registrar of 2,054
motor vehicles for registration of such motor vehicle and for 2,055
issuance of collegiate license plates. The request for a 2,056
collegiate license plate may be combined with a request for a 2,058
special reserved license plate under section 4503.40 or 4503.42 2,059
of the Revised Code.
Upon receipt of an application for registration of a 2,061
passenger car, noncommercial motor vehicle, or recreational 2,062
vehicle in accordance with any rules adopted under this section 2,063
and upon compliance with division (B) of this section, the 2,064
registrar shall issue to the applicant appropriate vehicle 2,066
registration and a set of collegiate license plates with a 2,067
validation sticker, or a validation sticker alone when required
by section 4503.191 of the Revised Code. 2,068
In addition to the letters and numbers ordinarily inscribed 2,070
thereon, collegiate license plates shall be inscribed with the 2,072
name of a university or college that is participating with the 2,074
registrar in the issuance of collegiate license plates, or any 2,075
other identifying marking or design selected by such a university 2,076
or college and approved by the registrar. Collegiate license
plates shall bear county identification stickers unless the 2,078
registrar approves a design for the license plates that does not 2,079
allow for the placement of the county identification sticker. 2,080
(B) The collegiate license plates and validation sticker 2,082
shall be issued upon receipt of a contribution as provided in 2,083
division (C) of this section and payment of the regular license 2,084
fees as prescribed under section 4503.04 of the Revised Code, any 2,085
applicable motor vehicle tax levied under Chapter 4504. of the 2,086
52
Revised Code, a fee not to exceed ten dollars for the purpose of 2,087
compensating the bureau of motor vehicles for additional services 2,088
required in the issuing of collegiate license plates, and 2,089
compliance with all other applicable laws relating to the 2,091
registration of motor vehicles, including presentation of any 2,092
inspection certificate required to be obtained for the motor 2,093
vehicle under section 3704.14 of the Revised Code. If the 2,094
application for a collegiate license plate is combined with a 2,095
request for a special reserved license plate under section 2,096
4503.40 or 4503.42 of the Revised Code, the license plate and 2,097
validation sticker shall be issued upon payment of the
contribution, fees, and taxes referred to in this division, the 2,098
additional fee prescribed under section 4503.40 or 4503.42 of the 2,100
Revised Code, and compliance with all other laws relating to the 2,101
registration of motor vehicles, including presentation of any 2,102
inspection certificate required to be obtained for the motor 2,103
vehicle under section 3704.14 of the Revised Code. 2,104
(C) The registrar shall collect a contribution of forty 2,108
dollars for each application for registration and registration 2,109
renewal notice under this section.
The registrar shall transmit this contribution and the TO 2,112
THE TREASURER OF STATE FOR DEPOSIT INTO THE COLLEGIATE LICENSE
PLATE FUND CREATED BY SECTION 4501.20 OF THE REVISED CODE. THE 2,113
additional fee not to exceed ten dollars that the applicant for 2,115
registration voluntarily pays for the purpose of compensating the 2,116
bureau for the additional services required in the issuing of his 2,117
THE collegiate license plates SHALL BE TRANSMITTED INTO THE STATE 2,118
TREASURY to the treasurer CREDIT of THE state for deposit in the 2,119
collegiate license plate BUREAU OF MOTOR VEHICLES fund created in 2,120
section 4501.20 4501.25 of the Revised Code. 2,121
(D) The registrar, in accordance with Chapter 119. of the 2,123
Revised Code, shall adopt rules necessary for the efficient 2,124
administration of the collegiate license plate program. 2,125
(E) As used in this section, "university or college" means 2,127
53
a state university or college or a private university or college 2,128
located in this state that possesses a certificate of 2,129
authorization issued by the Ohio board of regents pursuant to 2,130
Chapter 1713. of the Revised Code. "University or college" also 2,131
includes community colleges created pursuant to Chapter 3354. of 2,132
the Revised Code, university branches created pursuant to Chapter 2,133
3355. of the Revised Code, technical colleges created pursuant to 2,134
Chapter 3357. of the Revised Code, and state community colleges 2,135
created pursuant to Chapter 3358. of the Revised Code. 2,136
Sec. 4503.52. (A) The owner of any passenger car, 2,145
noncommercial motor vehicle, or recreational vehicle may apply to 2,146
the registrar of motor vehicles for the registration of the 2,147
vehicle and issuance of Lake Erie license plates. The 2,148
application for Lake Erie license plates may be combined with a 2,149
request for a special reserved license plate under section 2,150
4503.40 or 4503.42 of the Revised Code. Upon receipt of the 2,151
completed application and compliance with division (B) of this 2,152
section, the registrar shall issue to the applicant the 2,153
appropriate vehicle registration and a set of Lake Erie license 2,154
plates with a validation sticker or a validation sticker alone 2,155
when required by section 4503.191 of the Revised Code. 2,156
In addition to the letters and numbers ordinarily inscribed 2,158
thereon, Lake Erie license plates shall be inscribed with 2,159
identifying words or markings designed by the Ohio Lake Erie 2,160
commission and approved by the registrar. Lake Erie license 2,161
plates shall bear county identification stickers unless the 2,162
registrar approves a design for the license plates that does not 2,163
allow for the placement of the county identification sticker. 2,164
(B) The Lake Erie license plates and validation sticker 2,166
shall be issued upon receipt of a contribution as provided in 2,167
division (C) of this section and upon payment of the regular 2,168
license fees as prescribed under section 4503.04 of the Revised 2,169
Code, a fee not to exceed ten dollars for the purpose of 2,170
compensating the bureau of motor vehicles for additional services 2,171
54
required in the issuing of the Lake Erie license plates, any 2,172
applicable motor vehicle tax levied under Chapter 4504. of the 2,173
Revised Code, and compliance with all other applicable laws 2,174
relating to the registration of motor vehicles. If the 2,175
application for Lake Erie license plates is combined with a 2,176
request for a special reserved license plate under section 2,177
4503.40 or 4503.42 of the Revised Code, the license plate and 2,178
validation sticker shall be issued upon payment of the 2,179
contribution, fees, and taxes contained in this division and the 2,180
additional fee prescribed under section 4503.40 or 4503.42 of the 2,181
Revised Code. 2,182
(C) For each application for registration and registration 2,184
renewal he receives RECEIVED under this section, the registrar 2,185
shall collect a contribution in an amount not to exceed forty 2,186
dollars as determined by the Ohio Lake Erie commission. The 2,187
registrar shall transmit this contribution to the treasurer of 2,188
state for deposit in the Lake Erie protection fund created in 2,189
section 1506.23 of the Revised Code. 2,190
The registrar shall deposit the additional fee not to 2,192
exceed ten dollars specified in division (B) of this section that 2,193
the applicant for registration voluntarily pays for the purpose 2,194
of compensating the bureau for the additional services required 2,195
in the issuing of his THE Lake Erie license plates in the Lake 2,196
Erie license plate STATE BUREAU OF MOTOR VEHICLES fund created in 2,197
section 4501.21 4501.25 of the Revised Code. 2,198
Sec. 4503.55. (A) The owner of any passenger car, 2,207
noncommercial motor vehicle, or recreational vehicle may apply to 2,208
the registrar of motor vehicles for the registration of the 2,209
vehicle and issuance of pro football hall of fame license plates. 2,210
The application for pro football hall of fame license plates may 2,211
be combined with a request for a special reserved license plate 2,212
under section 4503.40 or 4503.42 of the Revised Code. Upon 2,213
receipt of the completed application and compliance with division 2,214
(B) of this section, the registrar shall issue to the applicant 2,215
55
the appropriate vehicle registration and a set of pro football 2,216
hall of fame license plates with a validation sticker or a 2,217
validation sticker alone when required by section 4503.191 of the 2,218
Revised Code. 2,219
In addition to the letters and numbers ordinarily inscribed 2,221
thereon, pro football hall of fame license plates shall be 2,222
inscribed with identifying words or markings designed by the pro 2,223
football hall of fame and approved by the registrar. Pro 2,224
football hall of fame plates shall bear county identification 2,225
stickers unless the registrar approves a design for the license 2,226
plates that does not allow for the placement of the county 2,227
identification sticker. 2,228
(B) The pro football hall of fame license plates and 2,230
validation sticker shall be issued upon receipt of a contribution 2,231
as provided in division (C) of this section and upon payment of 2,232
the regular license fees as prescribed under section 4503.04 of 2,233
the Revised Code, a fee not to exceed ten dollars for the purpose 2,234
of compensating the bureau of motor vehicles for additional 2,235
services required in the issuing of the pro football hall of fame 2,236
license plates, any applicable motor vehicle tax levied under 2,237
Chapter 4504. of the Revised Code, and compliance with all other 2,238
applicable laws relating to the registration of motor vehicles. 2,239
If the application for pro football hall of fame license plates 2,240
is combined with a request for a special reserved license plate 2,241
under section 4503.40 or 4503.42 of the Revised Code, the license 2,242
plate and validation sticker shall be issued upon payment of the 2,243
contribution, fees, and taxes contained in this division and the 2,244
additional fee prescribed under section 4503.40 or 4503.42 of the 2,245
Revised Code. 2,246
(C) For each application for registration and registration 2,248
renewal under this section, the registrar shall collect a 2,250
contribution of fifteen dollars. The registrar shall transmit 2,251
this contribution to the treasurer of state for deposit in the 2,252
pro football hall of fame license plate fund created in section 2,253
56
4501.22 of the Revised Code.
The registrar shall deposit the additional fee not to 2,255
exceed ten dollars specified in division (B) of this section that 2,256
the applicant for registration voluntarily pays for the purpose 2,257
of compensating the bureau for the additional services required 2,258
in the issuing of his THE APPLICANT'S pro football hall of fame 2,259
license plates in the pro football hall of fame license plate 2,261
STATE BUREAU OF MOTOR VEHICLES fund created in section 4501.22 2,263
4501.25 of the Revised Code.
Sec. 4503.56. (A) The owner of any passenger car, 2,272
noncommercial motor vehicle, or recreational vehicle may apply to 2,273
the registrar of motor vehicles for the registration of the 2,274
vehicle and issuance of scenic rivers license plates. The 2,275
application for scenic rivers license plates may be combined with 2,276
a request for a special reserved license plate under section 2,277
4503.40 or 4503.42 of the Revised Code. Upon receipt of the 2,278
completed application and compliance with division (B) of this 2,279
section, the registrar shall issue to the applicant the 2,280
appropriate vehicle registration and a set of scenic rivers 2,281
license plates with a validation sticker or a validation sticker 2,282
alone when required by section 4503.191 of the Revised Code. 2,283
In addition to the letters and numbers ordinarily inscribed 2,285
thereon, scenic rivers license plates shall be inscribed with 2,286
identifying words or markings designed by the department of 2,287
natural resources and approved by the registrar. Scenic rivers 2,288
license plates shall bear county identification stickers unless 2,289
the registrar approves a design for the license plates that does 2,290
not allow for the placement of the county identification sticker. 2,291
(B) The scenic rivers license plates and validation 2,293
sticker shall be issued upon receipt of a contribution as 2,294
provided in division (C) of this section and upon payment of the 2,295
regular license fees as prescribed under section 4503.04 of the 2,296
Revised Code, a fee not to exceed ten dollars for the purpose of 2,297
compensating the bureau of motor vehicles for additional services 2,298
57
required in the issuing of the scenic rivers license plates, any 2,299
applicable motor vehicle tax levied under Chapter 4504. of the 2,300
Revised Code, and compliance with all other applicable laws 2,301
relating to the registration of motor vehicles. If the 2,302
application for scenic rivers license plates is combined with a 2,303
request for a special reserved license plate under section 2,304
4503.40 or 4503.42 of the Revised Code, the license plate and 2,305
validation sticker shall be issued upon payment of the 2,306
contribution, fees, and taxes contained in this division and the 2,307
additional fee prescribed under section 4503.40 or 4503.42 of the 2,308
Revised Code. 2,309
(C) For each application for registration and registration 2,311
renewal under this section, the registrar shall collect a 2,313
contribution in an amount not to exceed forty dollars as 2,314
determined by the department of natural resources. The registrar 2,315
shall transmit this contribution to the treasurer of state for 2,316
deposit in the scenic rivers protection fund created in section 2,317
4501.24 of the Revised Code.
The registrar shall deposit the additional fee not to 2,319
exceed ten dollars specified in division (B) of this section that 2,320
the applicant for registration voluntarily pays for the purpose 2,321
of compensating the bureau for the additional services required 2,322
in the issuing of his THE APPLICANT'S scenic rivers license 2,323
plates in the scenic rivers protection license plate STATE BUREAU 2,325
OF MOTOR VEHICLES fund created in section 4501.23 4501.25 of the 2,327
Revised Code.
Sec. 4505.11. (A) Each owner of a motor vehicle and each 2,336
person mentioned as owner in the last certificate of title, when 2,337
the motor vehicle is dismantled, destroyed, or changed in such 2,338
manner that it loses its character as a motor vehicle, or changed 2,339
in such manner that it is not the motor vehicle described in the 2,340
certificate of title, shall surrender the certificate of title to 2,342
that motor vehicle to the clerk of the court of common pleas who
issued it, and thereupon the clerk, with the consent of any 2,344
58
holders of any liens noted thereon, shall enter a cancellation 2,345
upon the clerk's records and shall notify the registrar of motor 2,346
vehicles of the cancellation.
Upon the cancellation of a certificate of title in the 2,348
manner prescribed by this section, the clerk and the registrar of 2,350
motor vehicles may cancel and destroy all certificates and all 2,351
memorandum certificates in that chain of title. 2,352
(B) Where an Ohio certificate of title or salvage 2,354
certificate of title to a motor vehicle is assigned to a salvage 2,355
dealer, the dealer is not required to obtain an Ohio certificate 2,357
of title or a salvage certificate of title to the motor vehicle 2,358
in the dealer's own name if the dealer dismantles or destroys the 2,359
motor vehicle, indicates the number of the dealer's motor vehicle 2,360
salvage dealer's license thereon, marks "FOR DESTRUCTION" across 2,362
the face of the certificate of title or salvage certificate of 2,363
title, and surrenders the certificate of title or salvage 2,364
certificate of title to the clerk of the court of common pleas as 2,365
provided in division (A) of this section. If the salvage dealer 2,366
retains the motor vehicle for resale, the dealer shall make 2,367
application for a salvage certificate of title to the motor
vehicle in the dealer's own name as provided in division (C)(1) 2,368
of this section. 2,369
(C)(1) When an insurance company declares it economically 2,371
impractical to repair such a motor vehicle and has paid an agreed 2,372
price for the purchase of the motor vehicle to any insured or 2,373
claimant owner, the insurance company shall receive the 2,374
certificate of title and the motor vehicle and, except as 2,375
provided in division (C)(2) of this section, proceed as follows. 2,376
Within thirty days the insurance company shall deliver the 2,377
certificate of title to the clerk of the court of common pleas 2,378
and shall make application for a salvage certificate of title. 2,379
The clerk shall issue the salvage certificate of title on a form, 2,380
prescribed by the registrar, that shall be easily distinguishable 2,382
from the original certificate of title and shall bear the same 2,383
59
number and information as the original certificate of title. The 2,384
salvage certificate of title shall be assigned by the insurance 2,385
company to a salvage dealer or any other person for use as 2,386
evidence of ownership upon the sale or other disposition of the 2,387
motor vehicle, and the salvage certificate of title shall be 2,388
transferrable to any other person. The clerk shall charge a fee 2,389
of four dollars for the cost of processing each salvage 2,390
certificate of title. 2,391
(2) If an insurance company considers a motor vehicle as 2,393
described in division (C)(1) of this section to be impossible to 2,394
restore for highway operation, the insurance company may assign 2,395
the certificate of title to the motor vehicle to a salvage dealer 2,396
or scrap metal processing facility and send the assigned 2,397
certificate of title to the clerk of the court of common pleas of 2,398
the county in which the salvage dealer or scrap metal processing 2,399
facility is located. The insurance company shall mark the face 2,400
of the certificate of title "FOR DESTRUCTION" and shall deliver a 2,401
photocopy of the certificate of title to the salvage dealer or 2,402
scrap metal processing facility for its records. 2,403
(3) If an insurance company declares it economically 2,405
impractical to repair a motor vehicle, agrees to pay to the 2,406
insured or claimant owner an amount in settlement of a claim 2,407
against a policy of motor vehicle insurance covering the motor 2,408
vehicle, and agrees to permit the insured or claimant owner to 2,409
retain possession of the motor vehicle, the insurance company 2,410
shall not pay the insured or claimant owner any amount in 2,411
settlement of the insurance claim until the owner obtains a 2,412
salvage certificate of title to the vehicle and furnishes a copy 2,413
of the salvage certificate of title to the insurance company. 2,414
(D) When a self-insured organization, rental or leasing 2,416
company, or secured creditor becomes the owner of a motor vehicle 2,417
that is burned, damaged, or dismantled and is determined to be 2,418
economically impractical to repair, the self-insured 2,419
organization, rental or leasing company, or secured creditor 2,420
60
shall do one of the following: 2,421
(1) Mark the face of the certificate of title to the motor 2,423
vehicle "FOR DESTRUCTION" and surrender the certificate of title 2,424
to the clerk of the court of common pleas for cancellation as 2,425
described in division (A) of this section. The self-insured 2,426
organization, rental or leasing company, or secured creditor 2,427
thereupon shall deliver the motor vehicle, together with a 2,428
photocopy of the certificate of title, to a salvage dealer or 2,429
scrap metal processing facility and shall cause the motor vehicle 2,430
to be dismantled, flattened, crushed, or destroyed. 2,431
(2) Obtain a salvage certificate of title to the motor 2,433
vehicle in the name of the self-insured organization, rental or 2,434
leasing company, or secured creditor, as provided in division 2,435
(C)(1) of this section, and then sell or otherwise dispose of the 2,436
motor vehicle. If the motor vehicle is sold, the self-insured 2,437
organization, rental or leasing company, or secured creditor 2,438
shall obtain a salvage certificate of title to the motor vehicle 2,439
in the name of the purchaser from the clerk of the court of 2,440
common pleas of the county in which the purchaser resides. 2,441
(E) If a motor vehicle titled with a salvage certificate 2,443
of title is restored for operation upon the highways, application 2,444
shall be made to the clerk of the court of common pleas for a 2,445
certificate of title. Upon inspection by the state highway 2,446
patrol, which shall include establishing proof of ownership and 2,447
an inspection of the motor number and vehicle identification 2,448
number of the motor vehicle and of documentation or receipts for 2,449
the materials used in restoration by the owner of the motor 2,450
vehicle being inspected, which documentation or receipts shall be 2,451
presented at the time of inspection, the clerk, upon surrender of 2,452
the salvage certificate of title, shall issue a certificate of 2,453
title for a fee prescribed by the registrar. The certificate of 2,454
title shall be in the same form as the original certificate of 2,455
title, shall bear the same number as the salvage certificate of 2,456
title and the original certificate of title, and shall bear the 2,457
61
words "REBUILT SALVAGE" in black boldface letters on its face. 2,458
Every subsequent certificate of title, memorandum certificate of 2,459
title, or duplicate certificate of title issued for the motor 2,461
vehicle also shall bear the words "REBUILT SALVAGE" in black 2,463
boldface letters on its face. The exact location on the face of 2,464
the certificate of title of the words "REBUILT SALVAGE" shall be 2,465
determined by the registrar, who shall develop an automated 2,466
procedure within the automated title processing system to comply 2,467
with this division. The clerk shall use reasonable care in 2,468
performing the duties imposed on the clerk by this division in 2,469
issuing a certificate of title pursuant to this division, but the 2,471
clerk is not liable for any of the clerk's errors or omissions or 2,472
those of the clerk's deputies, or the automated title processing 2,474
system in the performance of those duties. A fee of twenty-five 2,475
FORTY dollars IN FISCAL YEAR 1998 AND FIFTY DOLLARS IN FISCAL 2,476
YEAR 1999 AND THEREAFTER shall be assessed by the state highway 2,477
patrol for each inspection made pursuant to this division and 2,478
shall be deposited into the state highway safety fund established 2,479
by section 4501.06 of the Revised Code. 2,480
(F) No person shall operate upon the highways in this 2,482
state a motor vehicle, title to which is evidenced by a salvage 2,483
certificate of title, except to deliver the motor vehicle 2,484
pursuant to an appointment for an inspection under this section. 2,485
(G) No motor vehicle the certificate of title to which has 2,487
been marked "FOR DESTRUCTION" and surrendered to the clerk of the 2,488
court of common pleas shall be used for anything except parts and 2,489
scrap metal. 2,490
Sec. 4505.111. Every motor vehicle, other than a motor 2,500
vehicle as provided in divisions (C), (D), and (E) of section 2,501
4505.11 of the Revised Code, that is assembled from component 2,502
parts by a person other than the manufacturer, shall be inspected 2,503
by the state highway patrol prior to issuance of title to the
motor vehicle. The inspection shall include establishing proof 2,504
of ownership and an inspection of the motor number and vehicle 2,505
62
identification number of the motor vehicle, and any items of 2,506
equipment the director of public safety considers advisable and 2,507
requires to be inspected by rule. A fee of twenty-five FORTY 2,508
dollars IN FISCAL YEAR 1998 AND FIFTY DOLLARS IN FISCAL YEAR 1999 2,509
AND THEREAFTER shall be assessed by the state highway patrol for 2,510
each inspection made pursuant to this section, and shall be 2,512
deposited in the state highway safety fund established by section 2,513
4501.06 of the Revised Code.
Sec. 4506.24. (A) Until January 1, 1997, a A restricted 2,522
commercial driver's license and waiver for farm-related service 2,523
industries may be issued by the registrar of motor vehicles to 2,524
allow a person to operate a commercial motor vehicle during 2,525
seasonal periods determined by the registrar and subject to the 2,526
restrictions set forth in this section. 2,527
(B) Upon receiving an application for a restricted 2,529
commercial driver's license under section 4506.07 of the Revised 2,530
Code and payment of a fee as provided in section 4506.08 of the 2,531
Revised Code, the registrar may issue such license to any person 2,532
who meets all of the following requirements: 2,533
(1) Has at least one year of driving experience in any 2,535
type of vehicle; 2,536
(2) Holds a valid driver's license, other than a 2,538
restricted license, issued under Chapter 4507. of the Revised 2,539
Code; 2,540
(3) Certifies that during the one-year period immediately 2,542
preceding his application, all of the following apply: 2,543
(a) He THE PERSON has not had more than one license; 2,545
(b) He THE PERSON has not had any license suspended, 2,547
revoked, or canceled; 2,549
(c) He THE PERSON has not had any convictions for any type 2,551
of motor vehicle for the offenses for which disqualification is 2,553
prescribed in section 4506.16 of the Revised Code; 2,554
(d) He THE PERSON has not had any violation of a state or 2,556
local law relating to motor vehicle traffic control other than a 2,558
63
parking violation arising in connection with any traffic accident 2,559
and has no record of an accident in which he THE PERSON was at 2,560
fault.
(4) Certifies and also provides evidence that he THE 2,562
PERSON is employed in one or more of the following farm-related 2,563
service industries requiring him THE PERSON to operate a 2,564
commercial motor vehicle: 2,565
(a) Custom harvesters; 2,567
(b) Farm retail outlets and suppliers; 2,569
(c) Agri-chemical business; 2,571
(d) Livestock feeders. 2,573
(C) An annual waiver for farm-related service industries 2,575
may be issued to authorize the holder of a restricted commercial 2,576
driver's license to operate a commercial motor vehicle during 2,577
seasonal periods designated by the registrar. The registrar 2,578
shall determine the format of the waiver. The total number of 2,579
days that a person may operate a commercial motor vehicle 2,580
pursuant to a waiver for farm-related service industries shall 2,581
not exceed one hundred eighty days in any twelve-month period. 2,582
Each time the holder of a restricted commercial driver's license 2,583
applies for a waiver for farm-related service industries, the 2,584
registrar shall verify that the person meets all of the 2,585
requirements set forth in division (B) of this section. The 2,586
restricted commercial driver's license and waiver shall be 2,587
carried at all times when a commercial motor vehicle is being 2,588
operated by the holder of the license and waiver. 2,589
(D) The holder of a restricted commercial driver's license 2,591
and valid waiver for farm-related service industries may operate 2,592
a class B or C commercial motor vehicle subject to all of the 2,593
following restrictions: 2,594
(1) The commercial motor vehicle is operated within a 2,596
distance of no more than one hundred fifty miles of the 2,597
employer's place of business or the farm currently being served; 2,598
(2) The operation of the commercial motor vehicle does not 2,600
64
involve transporting hazardous materials for which placarding is 2,601
required, except as follows: 2,602
(a) Diesel fuel in quantities of one thousand gallons or 2,604
less; 2,605
(b) Liquid fertilizers in vehicles or implements of 2,607
husbandry with total capacities of three thousand gallons or 2,608
less; 2,609
(c) Solid fertilizers that are not transported with any 2,611
organic substance. 2,612
(E) Except as otherwise provided in this section an 2,614
applicant for or holder of a restricted commercial driver's 2,615
license and waiver for farm-related service industries is subject 2,616
to the provisions of this chapter. Divisions (A)(4) and (B)(1) 2,617
of section 4506.07 and sections 4506.09 and 4506.10 of the 2,618
Revised Code do not apply to an applicant for a restricted 2,619
commercial driver's license and waiver. 2,620
Sec. 4507.45. IF A PERSON'S DRIVER'S LICENSE, COMMERCIAL 2,622
DRIVER'S LICENSE, OR NONRESIDENT OPERATING PRIVILEGE IS 2,623
SUSPENDED, DISQUALIFIED, OR REVOKED FOR AN INDEFINITE PERIOD OF 2,624
TIME OR FOR A PERIOD OF AT LEAST SIXTY DAYS, AND IF AT THE END OF 2,625
THE PERIOD OF SUSPENSION, DISQUALIFICATION, OR REVOCATION THE 2,626
PERSON IS ELIGIBLE TO HAVE THE LICENSE OR PRIVILEGE REINSTATED, 2,627
THE REGISTRAR OF MOTOR VEHICLES SHALL COLLECT A REINSTATEMENT FEE 2,628
OF THIRTY DOLLARS WHEN THE PERSON REQUESTS REINSTATEMENT. 2,630
HOWEVER, THE REGISTRAR SHALL NOT COLLECT THE FEE PRESCRIBED BY 2,631
THIS SECTION IF A DIFFERENT DRIVER'S LICENSE, COMMERCIAL DRIVER'S 2,632
LICENSE, OR NONRESIDENT OPERATING PRIVILEGE REINSTATEMENT FEE IS 2,633
PRESCRIBED BY LAW. 2,634
Sec. 4511.101. (A) The director of transportation, in 2,643
accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended, 2,644
shall establish a program for the placement of business logos for 2,645
identification purposes on state directional signs within the 2,647
rights-of-way of DIVIDED, MULTI-LANE highways on the interstate 2,650
system in rural areas, except when any of the following 2,651
65
conditions applies:
(1) Upon approval by the director, a business logo sign 2,655
may be located in an urban area if the land contiguous to the 2,656
highway is sparsely populated and appears to be rural in 2,657
character;
(2) A business logo sign may be located in a rural or 2,659
urban area, if the interchange providing access to the businesses 2,660
indicated on the sign has been constructed and paid for primarily 2,661
with private funds. 2,662
(B) All direct and indirect costs of the business logo 2,664
sign program established pursuant to this section shall be fully 2,665
paid by the businesses applying for participation in the program. 2,666
At any interchange where a business logo sign is erected, such 2,667
costs shall be divided equally among the participating 2,668
businesses. The direct and indirect costs of the program shall 2,669
include, but not be limited to, the cost of capital, directional 2,670
signs, blanks, posts, logos, installation, repair, engineering, 2,671
design, insurance, removal, replacement, and administration. 2,672
Nothing in this chapter shall be construed to prohibit the 2,673
director from establishing such a program. 2,674
(C) The director, in accordance with rules adopted 2,676
pursuant to Chapter 119. of the Revised Code, may contract with 2,677
any private person to operate, maintain, and market the business 2,678
logo sign program. The rules shall describe the terms of the 2,679
contract, and shall allow for a reasonable profit to be earned by 2,680
the successful applicant. In awarding the contract, the director 2,681
shall consider the skill, expertise, prior experience, and other 2,682
qualifications of each applicant. THE DIRECTOR SHALL INCLUDE IN 2,683
THE CONTRACT A REQUIREMENT THAT A FEE IN AN AMOUNT DETERMINED BY 2,684
THE DIRECTOR SHALL BE PAID TO THIS STATE FOR EACH BUSINESS LOGO 2,686
SIGN CONSTRUCTED.
(D) As used in this section, "urban area" means an area 2,688
having a population of fifty thousand or more according to the 2,689
most recent federal census and designated as such on urban maps 2,690
66
prepared by the department. 2,691
(E) Neither the department nor the director shall do any 2,693
EITHER of the following: 2,695
(1) Limit the right of any person to erect, maintain, 2,697
repair, remove, or utilize any off-premises or on-premises 2,698
advertising device; 2,699
(2) Make participation in the business logo sign program 2,701
conditional upon a business agreeing to limit, discontinue, 2,702
withdraw, modify, alter, or change any advertising or sign; 2,703
(3) Establish any program for the placement of business 2,705
logos on state directional signs on highways that are not part of 2,706
the interstate highway system. 2,707
(F) In accordance with 23 U.S.C.A. 109(d), 131(f), and 2,709
315, as amended, and notwithstanding division (E)(3) of this 2,710
section, the director shall establish a test program for the 2,711
placement of business logos on state directional signs within the 2,712
rights-of-way of state highways. The initial location of the 2,713
test program shall be in Stark county at the intersection of 2,714
United States route number thirty and state highway number 2,715
twenty-one. Business logo signs shall be placed at that location 2,716
not later than sixty days after June 30, 1993. The second 2,718
location of the test program shall be in Union county at the 2,719
intersection of United States routes thirty-three and thirty-six. 2,720
Business logo signs shall be placed at that location not later
than sixty days after the effective date of this amendment. The 2,721
third location of the test program shall be in Cuyahoga county at 2,722
the intersection of United States route four hundred twenty-two 2,723
and Harper road. Business logo signs shall be placed at that 2,724
location not later than sixty days after the effective date of 2,725
this amendment. In accordance with division (B) of this section, 2,727
the direct and indirect costs of the test program shall be fully 2,728
paid by businesses applying for participation in the program. 2,729
Sec. 4511.102. As used in sections 4511.102 to 4511.106 of 2,738
the Revised Code: 2,739
67
(A) "Tourist-oriented activity" includes any lawful 2,741
cultural, historical, recreational, educational, or commercial 2,742
activity, such as a farm market or winery, a major portion of 2,743
whose income or visitors are derived during the normal business 2,744
season from motorists not residing in the immediate area of the 2,745
activity and attendance at which is no less than two thousand 2,746
visitors in any consecutive twelve-month period. 2,747
(B) "Eligible attraction" means any tourist-oriented 2,749
activity that meets all of the following criteria: 2,750
(1) Is not eligible for inclusion either in the business 2,752
logo sign program or the pilot logo sign program established 2,753
under section 4511.101 of the Revised Code; 2,754
(2) If currently advertised by signs adjacent to a highway 2,756
on the interstate system or state system, those signs are 2,757
consistent with Chapter 5516. of the Revised Code and the 2,758
"National Highway Beautification Act of 1965," 79 Stat. 1028, 23 2,759
U.S.C. 131 and the national standards, criteria, and rules 2,760
adopted pursuant to that act; 2,761
(3) Is within ten miles of the highway for which signing 2,764
is sought under sections 4511.102 to 4511.105 of the Revised 2,765
Code; 2,766
(4) Meets any additional criteria developed by the 2,768
director of transportation and adopted by the director as rules 2,769
in accordance with Chapter 119. of the Revised Code. 2,770
(C) "Interstate system" has the same meaning as in section 2,772
5516.01 of the Revised Code. 2,773
Sec. 4511.191. (A) Any person who operates a vehicle upon 2,783
a highway or any public or private property used by the public 2,784
for vehicular travel or parking within this state shall be deemed 2,785
to have given consent to a chemical test or tests of the person's 2,787
blood, breath, or urine for the purpose of determining the 2,788
alcohol, drug, or alcohol and drug content of the person's blood, 2,789
breath, or urine if arrested for operating a vehicle while under 2,791
the influence of alcohol, a drug of abuse, or alcohol and a drug 2,792
68
of abuse or for operating a vehicle with a prohibited 2,793
concentration of alcohol in the blood, breath, or urine. The 2,794
chemical test or tests shall be administered at the request of a 2,795
police officer having reasonable grounds to believe the person to 2,796
have been operating a vehicle upon a highway or any public or 2,797
private property used by the public for vehicular travel or 2,798
parking in this state while under the influence of alcohol, a 2,799
drug of abuse, or alcohol and a drug of abuse or with a 2,800
prohibited concentration of alcohol in the blood, breath, or 2,801
urine. The law enforcement agency by which the officer is 2,802
employed shall designate which of the tests shall be
administered. 2,803
(B) Any person who is dead or unconscious, or who is 2,805
otherwise in a condition rendering the person incapable of 2,806
refusal, shall be deemed not to have withdrawn consent as 2,808
provided by division (A) of this section and the test or tests 2,809
may be administered, subject to sections 313.12 to 313.16 of the 2,810
Revised Code. 2,811
(C)(1) Any person under arrest for operating a vehicle 2,813
while under the influence of alcohol, a drug of abuse, or alcohol 2,814
and a drug of abuse or for operating a vehicle with a prohibited 2,815
concentration of alcohol in the blood, breath, or urine shall be 2,816
advised at a police station, or at a hospital, first-aid station, 2,817
or clinic to which the person has been taken for first-aid or 2,818
medical treatment, of both of the following: 2,819
(a) The consequences, as specified in division (E) of this 2,821
section, of the person's refusal to submit upon request to a 2,822
chemical test designated by the law enforcement agency as 2,824
provided in division (A) of this section; 2,825
(b) The consequences, as specified in division (F) of this 2,827
section, of the person's submission to the designated chemical 2,829
test if the person is found to have a prohibited concentration of 2,830
alcohol in the blood, breath, or urine. 2,831
(2)(a) The advice given pursuant to division (C)(1) of 2,833
69
this section shall be in a written form containing the 2,834
information described in division (C)(2)(b) of this section and 2,835
shall be read to the person. The form shall contain a statement 2,836
that the form was shown to the person under arrest and read to 2,837
the person in the presence of the arresting officer and either 2,839
another police officer, a civilian police employee, or an 2,840
employee of a hospital, first-aid station, or clinic, if any, to 2,841
which the person has been taken for first-aid or medical 2,842
treatment. The witnesses shall certify to this fact by signing 2,843
the form.
(b) The form required by division (C)(2)(a) of this 2,845
section shall read as follows: 2,846
"You now are under arrest for operating a vehicle while 2,848
under the influence of alcohol, a drug of abuse, or both alcohol 2,849
and a drug of abuse and will be requested by a police officer to 2,850
submit to a chemical test to determine the concentration of 2,851
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 2,852
blood, breath, or urine. 2,853
If you refuse to submit to the requested test or if you 2,855
submit to the requested test and are found to have a prohibited 2,856
concentration of alcohol in your blood, breath, or urine, your 2,857
driver's or commercial driver's license or permit or nonresident 2,858
operating privilege immediately will be suspended for the period 2,859
of time specified by law by the officer, on behalf of the 2,860
registrar of motor vehicles. You may appeal this suspension at 2,861
your initial appearance before the court that hears the charges 2,862
against you resulting from the arrest, and your initial 2,863
appearance will be conducted no later than five days after the 2,864
arrest. This suspension is independent of the penalties for the 2,865
offense, and you may be subject to other penalties upon 2,866
conviction." 2,867
(D)(1) If a person under arrest as described in division 2,869
(C)(1) of this section is not asked by a police officer to submit 2,870
to a chemical test designated as provided in division (A) of this 2,871
70
section, the arresting officer shall seize the Ohio or 2,872
out-of-state driver's or commercial driver's license or permit of 2,873
the person and immediately forward the seized license or permit 2,874
to the court in which the arrested person is to appear on the 2,875
charge for which the person was arrested. If the arrested person 2,876
does not have the person's driver's or commercial driver's 2,877
license or permit on his or her person or in his or her vehicle, 2,878
the arresting officer shall order the arrested person to 2,879
surrender it to the law enforcement agency that employs the 2,881
officer within twenty-four hours after the arrest, and, upon the 2,882
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 2,884
person is to appear on the charge for which the person was 2,885
arrested. Upon receipt of the license or permit, the court shall 2,887
retain it pending the initial appearance of the arrested person 2,888
and any action taken under section 4511.196 of the Revised Code. 2,889
If a person under arrest as described in division (C)(1) of 2,891
this section is asked by a police officer to submit to a chemical 2,892
test designated as provided in division (A) of this section and 2,893
is advised of the consequences of the person's refusal or 2,894
submission as provided in division (C) of this section and if the 2,895
person either refuses to submit to the designated chemical test 2,896
or the person submits to the designated chemical test and the 2,897
test results indicate that the person's blood contained a 2,898
concentration of ten-hundredths of one per cent or more by weight 2,899
of alcohol, the person's breath contained a concentration of 2,900
ten-hundredths of one gram or more by weight of alcohol per two 2,901
hundred ten liters of the person's breath, or the person's urine 2,902
contained a concentration of fourteen-hundredths of one gram or 2,904
more by weight of alcohol per one hundred milliliters of the 2,905
person's urine at the time of the alleged offense, the arresting 2,907
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 2,909
suspension upon the person that advises the person that, 2,910
71
independent of any penalties or sanctions imposed upon the person 2,912
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 2,914
license or permit or nonresident operating privilege is 2,915
suspended, that the suspension takes effect immediately, that the 2,916
suspension will last at least until the person's initial 2,917
appearance on the charge that will be held within five days after 2,919
the date of the person's arrest or the issuance of a citation to 2,921
the person, and that the person may appeal the suspension at the 2,923
initial appearance; seize the Ohio or out-of-state driver's or 2,924
commercial driver's license or permit of the person; and 2,925
immediately forward the seized license or permit to the 2,926
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on his or her 2,927
person or in his or her vehicle, the arresting officer shall 2,928
order the person to surrender it to the law enforcement agency 2,929
that employs the officer within twenty-four hours after the 2,930
service of the notice of suspension, and, upon the surrender, the 2,931
officer's employing agency immediately shall forward the license 2,932
or permit to the registrar. 2,933
(b) Verify the current residence of the person and, if it 2,935
differs from that on the person's driver's or commercial driver's 2,936
license or permit, notify the registrar of the change; 2,937
(c) In addition to forwarding the arrested person's 2,939
driver's or commercial driver's license or permit to the 2,940
registrar, send to the registrar, within forty-eight hours after 2,941
the arrest of the person, a sworn report that includes all of the 2,942
following statements: 2,943
(i) That the officer had reasonable grounds to believe 2,945
that, at the time of the arrest, the arrested person was 2,946
operating a vehicle upon a highway or public or private property 2,947
used by the public for vehicular travel or parking within this 2,948
state while under the influence of alcohol, a drug of abuse, or 2,949
alcohol and a drug of abuse or with a prohibited concentration of 2,950
72
alcohol in the blood, breath, or urine; 2,951
(ii) That the person was arrested and charged with 2,953
operating a vehicle while under the influence of alcohol, a drug 2,954
of abuse, or alcohol and a drug of abuse or with operating a 2,955
vehicle with a prohibited concentration of alcohol in the blood, 2,956
breath, or urine; 2,957
(iii) That the officer asked the person to take the 2,959
designated chemical test, advised the person of the consequences 2,960
of submitting to the chemical test or refusing to take the 2,961
chemical test, and gave the person the form described in division 2,962
(C)(2) of this section; 2,963
(iv) That the person refused to submit to the chemical 2,965
test or that the person submitted to the chemical test and the 2,966
test results indicate that the person's blood contained a 2,967
concentration of ten-hundredths of one per cent or more by weight 2,969
of alcohol, the person's breath contained a concentration of 2,970
ten-hundredths of one gram or more by weight of alcohol per two 2,971
hundred ten liters of the person's breath, or the person's urine 2,972
contained a concentration of fourteen-hundredths of one gram or 2,974
more by weight of alcohol per one hundred milliliters of the 2,975
person's urine at the time of the alleged offense; 2,977
(v) That the officer served a notice of suspension upon 2,979
the person as described in division (D)(1)(a) of this section. 2,980
(2) The sworn report of an arresting officer completed 2,982
under division (D)(1)(c) of this section shall be given by the 2,983
officer to the arrested person at the time of the arrest or sent 2,984
to the person by regular first class mail by the registrar as 2,985
soon thereafter as possible, but no later than fourteen days 2,986
after receipt of the report. An arresting officer may give an 2,987
unsworn report to the arrested person at the time of the arrest 2,988
provided the report is complete when given to the arrested person 2,989
and subsequently is sworn to by the arresting officer. As soon 2,990
as possible, but no later than forty-eight hours after the arrest 2,991
of the person, the arresting officer shall send a copy of the 2,992
73
sworn report to the court in which the arrested person is to 2,993
appear on the charge for which the person was arrested. 2,994
(3) The sworn report of an arresting officer completed and 2,996
sent to the registrar and the court under divisions (D)(1)(c) and 2,997
(D)(2) of this section is prima-facie proof of the information 2,998
and statements that it contains and shall be admitted and 2,999
considered as prima-facie proof of the information and statements 3,000
that it contains in any appeal under division (H) of this section 3,001
relative to any suspension of a person's driver's or commercial 3,002
driver's license or permit or nonresident operating privilege 3,003
that results from the arrest covered by the report. 3,004
(E)(1) Upon receipt of the sworn report of an arresting 3,006
officer completed and sent to the registrar and a court pursuant 3,007
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 3,008
person who refused to take the designated chemical test, the 3,009
registrar shall enter into the registrar's records the fact that 3,011
the person's driver's or commercial driver's license or permit or 3,012
nonresident operating privilege was suspended by the arresting 3,013
officer under division (D)(1)(a) of this section and the period 3,014
of the suspension, as determined under divisions (E)(1)(a) to (d) 3,015
of this section. The suspension shall be subject to appeal as 3,016
provided in this section and shall be for whichever of the 3,017
following periods applies: 3,018
(a) If the arrested person, within five years of the date 3,020
on which the person refused the request to consent to the 3,021
chemical test, had not refused a previous request to consent to a 3,023
chemical test of the person's blood, breath, or urine to 3,024
determine its alcohol content, the period of suspension shall be 3,026
one year. If the person is a resident without a license or 3,027
permit to operate a vehicle within this state, the registrar 3,028
shall deny to the person the issuance of a driver's or commercial 3,029
driver's license or permit for a period of one year after the 3,030
date of the alleged violation.
(b) If the arrested person, within five years of the date 3,032
74
on which the person refused the request to consent to the 3,033
chemical test, had refused one previous request to consent to a 3,035
chemical test of the person's blood, breath, or urine to 3,036
determine its alcohol content, the period of suspension or denial 3,038
shall be two years.
(c) If the arrested person, within five years of the date 3,040
on which the person refused the request to consent to the 3,041
chemical test, had refused two previous requests to consent to a 3,043
chemical test of the person's blood, breath, or urine to 3,044
determine its alcohol content, the period of suspension or denial 3,046
shall be three years.
(d) If the arrested person, within five years of the date 3,048
on which the person refused the request to consent to the 3,049
chemical test, had refused three or more previous requests to 3,051
consent to a chemical test of the person's blood, breath, or 3,052
urine to determine its alcohol content, the period of suspension 3,054
or denial shall be five years. 3,055
(2) The suspension or denial imposed under division (E)(1) 3,057
of this section shall continue for the entire one-year, two-year, 3,058
three-year, or five-year period, subject to appeal as provided in 3,059
this section and subject to termination as provided in division 3,060
(K) of this section. 3,061
(F) Upon receipt of the sworn report of an arresting 3,063
officer completed and sent to the registrar and a court pursuant 3,064
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 3,065
person whose test results indicate that the person's blood 3,066
contained a concentration of ten-hundredths of one per cent or 3,068
more by weight of alcohol, the person's breath contained a 3,069
concentration of ten-hundredths of one gram or more by weight of 3,070
alcohol per two hundred ten liters of the person's breath, or the 3,072
person's urine contained a concentration of fourteen-hundredths 3,073
of one gram or more by weight of alcohol per one hundred 3,074
milliliters of the person's urine at the time of the alleged 3,075
offense, the registrar shall enter into the registrar's records 3,076
75
the fact that the person's driver's or commercial driver's 3,078
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 3,079
this section and the period of the suspension, as determined 3,080
under divisions (F)(1) to (4) of this section. The suspension 3,081
shall be subject to appeal as provided in this section and shall 3,082
be for whichever of the following periods that applies: 3,083
(1) Except when division (F)(2), (3), or (4) of this 3,085
section applies and specifies a different period of suspension or 3,086
denial, the period of the suspension or denial shall be ninety 3,087
days.
(2) If the person has been convicted, within ten years of 3,089
the date the test was conducted, of one violation of division (A) 3,091
or (B) of section 4511.19 of the Revised Code, a municipal 3,092
ordinance relating to operating a vehicle while under the 3,093
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,094
abuse, a municipal ordinance relating to operating a vehicle with 3,095
a prohibited concentration of alcohol in the blood, breath, or 3,096
urine, section 2903.04 of the Revised Code in a case in which the 3,097
offender was subject to the sanctions described in division (D) 3,098
of that section, or section 2903.06, 2903.07, or 2903.08 of the 3,099
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 3,100
the jury or judge found that at the time of the commission of the 3,101
offense the offender was under the influence of alcohol, a drug 3,102
of abuse, or alcohol and a drug of abuse, or a statute of any 3,103
other state or a municipal ordinance of a municipal corporation 3,104
located in any other state that is substantially similar to 3,105
division (A) or (B) of section 4511.19 of the Revised Code, the 3,106
period of the suspension or denial shall be one year. 3,107
(3) If the person has been convicted, within ten years of 3,109
the date the test was conducted, of two violations of a statute 3,110
or ordinance described in division (F)(2) of this section, the 3,112
period of the suspension or denial shall be two years.
76
(4) If the person has been convicted, within ten years of 3,114
the date the test was conducted, of more than two violations of a 3,115
statute or ordinance described in division (F)(2) of this 3,116
section, the period of the suspension or denial shall be three 3,117
years. 3,118
(G)(1) A suspension of a person's driver's or commercial 3,120
driver's license or permit or nonresident operating privilege 3,121
under division (D)(1)(a) of this section for the period of time 3,122
described in division (E) or (F) of this section is effective 3,123
immediately from the time at which the arresting officer serves 3,124
the notice of suspension upon the arrested person. Any 3,125
subsequent finding that the person is not guilty of the charge 3,126
that resulted in the person being requested to take, or in the 3,128
person taking, the chemical test or tests under division (A) of 3,129
this section affects the suspension only as described in division 3,130
(H)(2) of this section. 3,131
(2) If a person is arrested for operating a vehicle while 3,133
under the influence of alcohol, a drug of abuse, or alcohol and a 3,134
drug of abuse or for operating a vehicle with a prohibited 3,135
concentration of alcohol in the blood, breath, or urine and 3,136
regardless of whether the person's driver's or commercial 3,137
driver's license or permit or nonresident operating privilege is 3,138
or is not suspended under division (E) or (F) of this section, 3,139
the person's initial appearance on the charge resulting from the 3,140
arrest shall be held within five days of the person's arrest or 3,141
the issuance of the citation to the person, subject to any 3,142
continuance granted by the court pursuant to division (H)(1) of 3,144
this section regarding the issues specified in that division. 3,145
(H)(1) If a person is arrested for operating a vehicle 3,147
while under the influence of alcohol, a drug of abuse, or alcohol 3,148
and a drug of abuse or for operating a vehicle with a prohibited 3,149
concentration of alcohol in the blood, breath, or urine and if 3,150
the person's driver's or commercial driver's license or permit or 3,151
nonresident operating privilege is suspended under division (E) 3,152
77
or (F) of this section, the person may appeal the suspension at 3,153
the person's initial appearance on the charge resulting from the 3,156
arrest in the court in which the person will appear on that 3,157
charge. If the person appeals the suspension at the person's 3,158
initial appearance, the appeal does not stay the operation of the 3,159
suspension. Subject to division (H)(2) of this section, no court 3,160
has jurisdiction to grant a stay of a suspension imposed under 3,161
division (E) or (F) of this section, and any order issued by any 3,162
court that purports to grant a stay of any suspension imposed 3,163
under either of those divisions shall not be given administrative 3,164
effect.
If the person appeals the suspension at the person's 3,166
initial appearance, either the person or the registrar may 3,167
request a continuance of the appeal. Either the person or the 3,169
registrar shall make the request for a continuance of the appeal 3,170
at the same time as the making of the appeal. If either the 3,171
person or the registrar requests a continuance of the appeal, the 3,172
court may grant the continuance. The court also may continue the 3,173
appeal on its own motion. The granting of a continuance applies 3,174
only to the conduct of the appeal of the suspension and does not 3,175
extend the time within which the initial appearance must be 3,176
conducted, and the court shall proceed with all other aspects of 3,177
the initial appearance in accordance with its normal procedures. 3,178
Neither the request for nor the granting of a continuance stays 3,179
the operation of the suspension that is the subject of the 3,180
appeal.
If the person appeals the suspension at the person's 3,182
initial appearance, the scope of the appeal is limited to 3,183
determining whether one or more of the following conditions have 3,184
not been met: 3,185
(a) Whether the law enforcement officer had reasonable 3,187
ground to believe the arrested person was operating a vehicle 3,188
upon a highway or public or private property used by the public 3,189
for vehicular travel or parking within this state while under the 3,190
78
influence of alcohol, a drug of abuse, or alcohol and a drug of 3,191
abuse or with a prohibited concentration of alcohol in the blood, 3,192
breath, or urine and whether the arrested person was in fact 3,193
placed under arrest; 3,194
(b) Whether the law enforcement officer requested the 3,196
arrested person to submit to the chemical test designated 3,197
pursuant to division (A) of this section; 3,198
(c) Whether the arresting officer informed the arrested 3,200
person of the consequences of refusing to be tested or of 3,201
submitting to the test; 3,202
(d) Whichever of the following is applicable: 3,204
(i) Whether the arrested person refused to submit to the 3,206
chemical test requested by the officer; 3,207
(ii) Whether the chemical test results indicate that the 3,209
arrested person's blood contained a concentration of 3,210
ten-hundredths of one per cent or more by weight of alcohol, the 3,212
person's breath contained a concentration of ten-hundredths of 3,214
one gram or more by weight of alcohol per two hundred ten liters 3,215
of the person's breath, or the person's urine contained a 3,216
concentration of fourteen-hundredths of one gram or more by 3,218
weight of alcohol per one hundred milliliters of the person's 3,219
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 3,221
appearance, the judge or referee of the court or the mayor of the 3,222
mayor's court shall determine whether one or more of the 3,223
conditions specified in divisions (H)(1)(a) to (d) of this 3,224
section have not been met. The person who appeals the suspension 3,225
has the burden of proving, by a preponderance of the evidence, 3,226
that one or more of the specified conditions has not been met. 3,227
If during the appeal at the initial appearance the judge or 3,228
referee of the court or the mayor of the mayor's court determines 3,229
that all of those conditions have been met, the judge, referee, 3,230
or mayor shall uphold the suspension, shall continue the 3,231
suspension, and shall notify the registrar of the decision on a 3,232
79
form approved by the registrar. Except as otherwise provided in 3,233
division (H)(2) of this section, if the suspension is upheld or 3,234
if the person does not appeal the suspension at the person's 3,235
initial appearance under division (H)(1) of this section, the 3,236
suspension shall continue until the complaint alleging the 3,237
violation for which the person was arrested and in relation to 3,238
which the suspension was imposed is adjudicated on the merits by 3,239
the judge or referee of the trial court or by the mayor of the 3,240
mayor's court. If the suspension was imposed under division (E) 3,241
of this section and it is continued under this division, any 3,242
subsequent finding that the person is not guilty of the charge 3,243
that resulted in the person being requested to take the chemical 3,244
test or tests under division (A) of this section does not 3,245
terminate or otherwise affect the suspension. If the suspension 3,246
was imposed under division (F) of this section and it is 3,247
continued under this division, the suspension shall terminate if, 3,248
for any reason, the person subsequently is found not guilty of 3,249
the charge that resulted in the person taking the chemical test 3,250
or tests under division (A) of this section. 3,251
If, during the appeal at the initial appearance, the judge 3,253
or referee of the trial court or the mayor of the mayor's court 3,254
determines that one or more of the conditions specified in 3,255
divisions (H)(1)(a) to (d) of this section have not been met, the 3,256
judge, referee, or mayor shall terminate the suspension, subject 3,257
to the imposition of a new suspension under division (B) of 3,258
section 4511.196 of the Revised Code; shall notify the registrar 3,259
of the decision on a form approved by the registrar; and, except 3,260
as provided in division (B) of section 4511.196 of the Revised 3,262
Code, shall order the registrar to return the driver's or 3,263
commercial driver's license or permit to the person or to take 3,264
such measures as may be necessary, if the license or permit was 3,265
destroyed under section 4507.55 of the Revised Code, to permit 3,266
the person to obtain a replacement driver's or commercial 3,267
driver's license or permit from the registrar or a deputy 3,268
80
registrar in accordance with that section. The court also shall 3,269
issue to the person a court order, valid for not more than ten 3,270
days from the date of issuance, granting the person operating 3,271
privileges for that period of time.
If the person appeals the suspension at the initial 3,273
appearance, the registrar shall be represented by the prosecuting 3,274
attorney of the county in which the arrest occurred if the 3,275
initial appearance is conducted in a juvenile court or county 3,276
court, except that if the arrest occurred within a city or 3,277
village within the jurisdiction of the county court in which the 3,278
appeal is conducted, the city director of law or village 3,279
solicitor of that city or village shall represent the registrar. 3,280
If the appeal is conducted in a municipal court, the registrar 3,281
shall be represented as provided in section 1901.34 of the 3,282
Revised Code. If the appeal is conducted in a mayor's court, the 3,283
registrar shall be represented by the city director of law, 3,284
village solicitor, or other chief legal officer of the municipal 3,285
corporation that operates that mayor's court. 3,286
(I)(1) If a person's driver's or commercial driver's 3,288
license or permit or nonresident operating privilege has been 3,289
suspended pursuant to division (E) of this section, and the 3,290
person, within the preceding seven years, has refused three 3,291
previous requests to consent to a chemical test of the person's 3,293
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 3,295
of division (A) or (B) of section 4511.19 of the Revised Code, a 3,296
municipal ordinance relating to operating a vehicle while under 3,297
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,298
of abuse, a municipal ordinance relating to operating a vehicle 3,299
with a prohibited concentration of alcohol in the blood, breath, 3,300
or urine, section 2903.04 of the Revised Code in a case in which 3,301
the person was subject to the sanctions described in division (D) 3,302
of that section, or section 2903.06, 2903.07, or 2903.08 of the 3,303
Revised Code or a municipal ordinance that is substantially 3,304
81
similar to section 2903.07 of the Revised Code in a case in which 3,305
the jury or judge found that the person was under the influence 3,306
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,307
statute of any other state or a municipal ordinance of a 3,308
municipal corporation located in any other state that is 3,309
substantially similar to division (A) or (B) of section 4511.19 3,310
of the Revised Code, the person is not entitled to request, and 3,311
the court shall not grant to the person, occupational driving 3,312
privileges under this division. Any other person whose driver's 3,313
or commercial driver's license or nonresident operating privilege 3,314
has been suspended pursuant to division (E) of this section may 3,315
file a petition requesting occupational driving privileges in the 3,316
municipal court, county court, or, if the person is a minor, 3,317
juvenile court with jurisdiction over the place at which the 3,318
arrest occurred. The petition may be filed at any time subsequent 3,319
to the date on which the arresting officer serves the notice of 3,320
suspension upon the arrested person. The person shall pay the 3,321
costs of the proceeding, notify the registrar of the filing of 3,322
the petition, and send the registrar a copy of the petition. 3,323
In the proceedings, the registrar shall be represented by 3,325
the prosecuting attorney of the county in which the arrest 3,326
occurred if the petition is filed in the 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
petition is filed, the city director of law or village solicitor 3,330
of that city or village shall represent the registrar. If the 3,331
petition is filed in the municipal court, the registrar shall be 3,332
represented as provided in section 1901.34 of the Revised Code. 3,333
The court, if it finds reasonable cause to believe that 3,335
suspension would seriously affect the person's ability to 3,336
continue in the person's employment, may grant the person 3,337
occupational driving privileges during the period of suspension 3,339
imposed pursuant to division (E) of this section, subject to the 3,340
limitations contained in this division and division (I)(2) of 3,341
82
this section. The court may grant the occupational driving 3,342
privileges, subject to the limitations contained in this division 3,343
and division (I)(2) of this section, regardless of whether the 3,344
person appeals the suspension at the person's initial appearance 3,346
under division (H)(1) of this section or appeals the decision of 3,347
the court made pursuant to the appeal conducted at the initial 3,348
appearance, and, if the person has appealed the suspension or 3,349
decision, regardless of whether the matter at issue has been 3,350
heard or decided by the court. The court shall not grant 3,351
occupational driving privileges to any person who, within seven 3,352
years of the filing of the petition, has refused three previous 3,353
requests to consent to a chemical test of the person's blood, 3,355
breath, or urine to determine its alcohol content or has been 3,356
convicted of or pleaded guilty to three or more violations of 3,357
division (A) or (B) of section 4511.19 of the Revised Code, a 3,358
municipal ordinance relating to operating a vehicle while under 3,359
the influence of alcohol, a drug of abuse, or alcohol and a drug 3,360
of abuse, a municipal ordinance relating to operating a vehicle 3,361
with a prohibited concentration of alcohol in the blood, breath, 3,362
or urine, section 2903.04 of the Revised Code in a case in which 3,363
the person was subject to the sanctions described in division (D) 3,364
of that section, or section 2903.06, 2903.07, or 2903.08 of the 3,365
Revised Code or a municipal ordinance that is substantially 3,366
similar to section 2903.07 of the Revised Code in a case in which 3,367
the jury or judge found that the person was under the influence 3,368
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,369
statute of any other state or a municipal ordinance of a 3,370
municipal corporation located in any other state that is 3,371
substantially similar to division (A) or (B) of section 4511.19 3,372
of the Revised Code, and shall not grant occupational driving 3,373
privileges for employment as a driver of commercial motor 3,374
vehicles to any person who is disqualified from operating a 3,375
commercial motor vehicle under section 2301.374 or 4506.16 of the 3,376
Revised Code.
83
(2)(a) In granting occupational driving privileges under 3,378
division (I)(1) of this section, the court may impose any 3,379
condition it considers reasonable and necessary to limit the use 3,380
of a vehicle by the person. The court shall deliver to the 3,381
person a permit card, in a form to be prescribed by the court, 3,382
setting forth the time, place, and other conditions limiting the 3,383
defendant's use of a vehicle. The grant of occupational driving 3,384
privileges shall be conditioned upon the person's having the 3,385
permit in the person's possession at all times during which the 3,387
person is operating a vehicle. 3,388
A person granted occupational driving privileges who 3,390
operates a vehicle for other than occupational purposes, in 3,391
violation of any condition imposed by the court, or without 3,392
having the permit in the person's possession, is guilty of a 3,393
violation of section 4507.02 of the Revised Code. 3,395
(b) The court may not grant a person occupational driving 3,397
privileges under division (I)(1) of this section when prohibited 3,398
by a limitation contained in that division or during any of the 3,399
following periods of time: 3,400
(i) The first thirty days of suspension imposed upon a 3,402
person who, within five years of the date on which the person 3,403
refused the request to consent to a chemical test of the person's 3,405
blood, breath, or urine to determine its alcohol content and for 3,407
which refusal the suspension was imposed, had not refused a 3,408
previous request to consent to a chemical test of the person's 3,409
blood, breath, or urine to determine its alcohol content; 3,411
(ii) The first ninety days of suspension imposed upon a 3,413
person who, within five years of the date on which the person 3,414
refused the request to consent to a chemical test of the person's 3,416
blood, breath, or urine to determine its alcohol content and for 3,418
which refusal the suspension was imposed, had refused one 3,419
previous request to consent to a chemical test of the person's 3,420
blood, breath, or urine to determine its alcohol content; 3,422
(iii) The first year of suspension imposed upon a person 3,424
84
who, within five years of the date on which the person refused 3,426
the request to consent to a chemical test of the person's blood, 3,428
breath, or urine to determine its alcohol content and for which 3,429
refusal the suspension was imposed, had refused two previous 3,430
requests to consent to a chemical test of the person's blood, 3,431
breath, or urine to determine its alcohol content; 3,433
(iv) The first three years of suspension imposed upon a 3,435
person who, within five years of the date on which the person 3,436
refused the request to consent to a chemical test of the person's 3,438
blood, breath, or urine to determine its alcohol content and for 3,440
which refusal the suspension was imposed, had refused three or 3,441
more previous requests to consent to a chemical test of the 3,442
person's blood, breath, or urine to determine its alcohol 3,444
content.
(3) The court shall give information in writing of any 3,446
action taken under this section to the registrar. 3,447
(4) If a person's driver's or commercial driver's license 3,449
or permit or nonresident operating privilege has been suspended 3,450
pursuant to division (F) of this section, and the person, within 3,451
the preceding seven years, has been convicted of or pleaded 3,452
guilty to three or more violations of division (A) or (B) of 3,453
section 4511.19 of the Revised Code, a municipal ordinance 3,454
relating to operating a vehicle while under the influence of 3,455
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 3,456
municipal ordinance relating to operating a vehicle with a 3,457
prohibited concentration of alcohol in the blood, breath, or 3,458
urine, section 2903.04 of the Revised Code in a case in which the 3,459
person was subject to the sanctions described in division (D) of 3,460
that section, or section 2903.06, 2903.07, or 2903.08 of the 3,461
Revised Code or a municipal ordinance that is substantially 3,462
similar to section 2903.07 of the Revised Code in a case in which 3,463
the jury or judge found that the person was under the influence 3,464
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 3,465
statute of any other state or a municipal ordinance of a 3,466
85
municipal corporation located in any other state that is 3,467
substantially similar to division (A) or (B) of section 4511.19 3,468
of the Revised Code, the person is not entitled to request, and 3,469
the court shall not grant to the person, occupational driving 3,470
privileges under this division. Any other person whose driver's 3,471
or commercial driver's license or nonresident operating privilege 3,472
has been suspended pursuant to division (F) of this section may 3,473
file in the court specified in division (I)(1) of this section a 3,474
petition requesting occupational driving privileges in accordance 3,475
with section 4507.16 of the Revised Code. The petition may be 3,476
filed at any time subsequent to the date on which the arresting 3,477
officer serves the notice of suspension upon the arrested person. 3,478
Upon the making of the request, occupational driving privileges 3,479
may be granted in accordance with section 4507.16 of the Revised 3,480
Code. The court may grant the occupational driving privileges, 3,481
subject to the limitations contained in section 4507.16 of the 3,482
Revised Code, regardless of whether the person appeals the 3,483
suspension at the person's initial appearance under division 3,484
(H)(1) of this section or appeals the decision of the court made 3,486
pursuant to the appeal conducted at the initial appearance, and, 3,487
if the person has appealed the suspension or decision, regardless 3,488
of whether the matter at issue has been heard or decided by the 3,489
court.
(J) When it finally has been determined under the 3,491
procedures of this section that a nonresident's privilege to 3,492
operate a vehicle within this state has been suspended, the 3,493
registrar shall give information in writing of the action taken 3,494
to the motor vehicle administrator of the state of the person's 3,495
residence and of any state in which the person has a license. 3,496
(K) A suspension of the driver's or commercial driver's 3,498
license or permit of a resident, a suspension of the operating 3,499
privilege of a nonresident, or a denial of a driver's or 3,500
commercial driver's license or permit for refusal to submit to a 3,501
chemical test to determine the alcohol, drug, or alcohol and drug 3,502
86
content of the person's blood, breath, or urine pursuant to 3,503
division (E) of this section, shall be terminated by the 3,504
registrar upon receipt of notice of the person's entering a plea 3,505
of guilty to, or of the person's conviction after entering a plea 3,506
of no contest under Criminal Rule 11 to, operating a vehicle 3,507
while under the influence of alcohol, a drug of abuse, or alcohol 3,508
and a drug of abuse or with a prohibited concentration of alcohol 3,509
in the blood, breath, or urine, if the offense for which the plea 3,510
is entered arose from the same incident that led to the 3,511
suspension or denial. 3,512
The registrar shall credit against any judicial suspension 3,514
of a person's driver's or commercial driver's license or permit 3,515
or nonresident operating privilege imposed pursuant to division 3,516
(B) or (E) of section 4507.16 of the Revised Code any time during 3,517
which the person serves a related suspension imposed pursuant to 3,518
division (E) or (F) of this section. 3,519
(L) At the end of a suspension period under this section, 3,521
section 4511.196, or division (B) of section 4507.16 of the 3,522
Revised Code and upon the request of the person whose driver's or 3,523
commercial driver's license or permit was suspended and who is 3,524
not otherwise subject to suspension, revocation, or 3,525
disqualification, the registrar shall return the driver's or 3,526
commercial driver's license or permit to the person upon the 3,527
occurrence of all of the following: 3,528
(1) A showing by the person that the person had proof of 3,530
financial responsibility, a policy of liability insurance in 3,532
effect that meets the minimum standards set forth in section 3,533
4509.51 of the Revised Code, or proof, to the satisfaction of the 3,534
registrar, that the person is able to respond in damages in an 3,535
amount at least equal to the minimum amounts specified in section 3,536
4509.51 of the Revised Code. 3,537
(2) Payment by the person of a license reinstatement fee 3,539
of two hundred fifty EIGHTY dollars to the bureau of motor 3,540
vehicles, which fee shall be deposited in the state treasury and 3,542
87
credited as follows: 3,543
(a) Seventy-five dollars shall be credited to the drivers' 3,545
treatment and intervention fund, which is hereby established. 3,546
The fund shall be used to pay the costs of driver treatment and 3,547
intervention programs operated pursuant to sections 3793.02 and 3,548
3793.10 of the Revised Code. The director of alcohol and drug 3,549
addiction services shall determine the share of the fund that is 3,550
to be allocated to alcohol and drug addiction programs authorized 3,551
by section 3793.02 of the Revised Code, and the share of the fund 3,552
that is to be allocated to drivers' intervention programs 3,553
authorized by section 3793.10 of the Revised Code. 3,554
(b) Fifty dollars shall be credited to the reparations 3,556
fund created by section 2743.191 of the Revised Code. 3,557
(c) Twenty-five dollars shall be credited to the indigent 3,559
drivers alcohol treatment fund, which is hereby established. 3,560
Except as otherwise provided in division (L)(2)(c) of this 3,562
section, moneys in the fund shall be distributed by the 3,563
department of alcohol and drug addiction services to the county 3,564
indigent drivers alcohol treatment funds, the county juvenile 3,565
indigent drivers alcohol treatment funds, and the municipal 3,566
indigent drivers treatment funds that are required to be 3,567
established by counties and municipal corporations pursuant to 3,568
division (N) of this section, and shall be used only to pay the 3,569
cost of an alcohol and drug addiction treatment program attended 3,570
by an offender or juvenile traffic offender who is ordered to 3,571
attend an alcohol and drug addiction treatment program by a 3,572
county, juvenile, or municipal court judge and who is determined 3,573
by the county, juvenile, or municipal court judge not to have the 3,574
means to pay for attendance at the program. Moneys in the fund 3,575
that are not distributed to a county indigent drivers alcohol 3,576
treatment fund, a county juvenile indigent drivers alcohol 3,577
treatment fund, or a municipal indigent drivers alcohol treatment 3,578
fund under division (N) of this section because the director of 3,579
alcohol and drug addiction services does not have the information 3,580
88
necessary to identify the county or municipal corporation where 3,581
the offender or juvenile offender was arrested may be transferred 3,582
by the director of budget and management to the drivers'
treatment and intervention fund, created in division (L)(2)(a) of 3,583
this section, upon certification of the amount by the director of 3,584
alcohol and drug addiction services. 3,585
(d) Fifty dollars shall be credited to the Ohio 3,587
rehabilitation services commission established by section 3304.12 3,588
of the Revised Code, to the services for rehabilitation fund, 3,589
which is hereby established. The fund shall be used to match 3,590
available federal matching funds where appropriate, and for any 3,591
other purpose or program of the commission to rehabilitate people 3,592
with disabilities to help them become employed and independent. 3,593
(e) Fifty dollars shall be deposited into the state 3,595
treasury and credited to the drug abuse resistance education 3,596
programs fund, which is hereby established, to be used by the 3,597
attorney general for the purposes specified in division (L)(2)(e) 3,598
of this section. 3,599
(f) THIRTY DOLLARS SHALL BE CREDITED TO THE STATE BUREAU 3,601
OF MOTOR VEHICLES FUND CREATED BY SECTION 4501.25 OF THE REVISED 3,602
CODE.
The attorney general shall use amounts in the drug abuse 3,604
resistance education programs fund to award grants to law 3,605
enforcement agencies to establish and implement drug abuse 3,606
resistance education programs in public schools. Grants awarded 3,607
to a law enforcement agency under division (L)(2)(e) of this 3,608
section shall be used by the agency to pay for not more than 3,609
fifty per cent of the amount of the salaries of law enforcement 3,610
officers who conduct drug abuse resistance education programs in 3,611
public schools. The attorney general shall not use more than six 3,612
per cent of the amounts the attorney general's office receives 3,614
under division (L)(2)(e) of this section to pay the costs it 3,615
incurs in administering the grant program established by division 3,616
(L)(2)(e) of this section and in providing training and materials 3,617
89
relating to drug abuse resistance education programs. 3,618
The attorney general shall report to the governor and the 3,620
general assembly each fiscal year on the progress made in 3,621
establishing and implementing drug abuse resistance education 3,622
programs. These reports shall include an evaluation of the 3,623
effectiveness of these programs. 3,624
(M) Suspension of a commercial driver's license under 3,626
division (E) or (F) of this section shall be concurrent with any 3,627
period of disqualification under section 2301.374 or 4506.16 of 3,628
the Revised Code. No person who is disqualified for life from 3,629
holding a commercial driver's license under section 4506.16 of 3,630
the Revised Code shall be issued a driver's license under Chapter 3,631
4507. of the Revised Code during the period for which the 3,632
commercial driver's license was suspended under division (E) or 3,633
(F) of this section, and no person whose commercial driver's 3,634
license is suspended under division (E) or (F) of this section 3,635
shall be issued a driver's license under that chapter during the 3,636
period of the suspension. 3,637
(N)(1) Each county shall establish an indigent drivers 3,639
alcohol treatment fund, each county shall establish a juvenile 3,640
indigent drivers alcohol treatment fund, and each municipal 3,641
corporation in which there is a municipal court shall establish 3,642
an indigent drivers alcohol treatment fund. All revenue that the 3,643
general assembly appropriates to the indigent drivers alcohol 3,644
treatment fund for transfer to a county indigent drivers alcohol 3,645
treatment fund, a county juvenile indigent drivers alcohol 3,646
treatment fund, or a municipal indigent drivers alcohol treatment 3,647
fund, all portions of fees that are paid under division (L) of 3,648
this section and that are credited under that division to the 3,649
indigent drivers alcohol treatment fund in the state treasury for 3,650
a county indigent drivers alcohol treatment fund, a county 3,651
juvenile indigent drivers alcohol treatment fund, or a municipal 3,652
indigent drivers alcohol treatment fund, and all portions of 3,653
fines that are specified for deposit into a county or municipal 3,654
90
indigent drivers alcohol treatment fund by section 4511.193 of 3,655
the Revised Code shall be deposited into that county indigent 3,656
drivers alcohol treatment fund, county juvenile indigent drivers 3,657
alcohol treatment fund, or municipal indigent drivers alcohol 3,658
treatment fund in accordance with division (N)(2) of this 3,659
section. Additionally, all portions of fines that are paid for a 3,660
violation of section 4511.19 of the Revised Code or division 3,661
(B)(2) of section 4507.02 of the Revised Code, and that are 3,662
required under division (A)(1) or (2) of section 4511.99 or 3,663
division (B)(5) of section 4507.99 of the Revised Code to be 3,664
deposited into a county indigent drivers alcohol treatment fund 3,665
or municipal indigent drivers alcohol treatment fund shall be 3,666
deposited into the appropriate fund in accordance with the 3,667
applicable division. 3,668
(2) That portion of the license reinstatement fee that is 3,670
paid under division (L) of this section and that is credited 3,671
under that division to the indigent drivers alcohol treatment 3,672
fund shall be deposited into a county indigent drivers alcohol 3,673
treatment fund, a county juvenile indigent drivers alcohol 3,674
treatment fund, or a municipal indigent drivers alcohol treatment 3,675
fund as follows: 3,676
(a) If the suspension in question was imposed under this 3,678
section, that portion of the fee shall be deposited as follows: 3,679
(i) If the fee is paid by a person who was charged in a 3,681
county court with the violation that resulted in the suspension, 3,682
the portion shall be deposited into the county indigent drivers 3,683
alcohol treatment fund under the control of that court; 3,684
(ii) If the fee is paid by a person who was charged in a 3,686
juvenile court with the violation that resulted in the 3,687
suspension, the portion shall be deposited into the county 3,688
juvenile indigent drivers alcohol treatment fund established in 3,689
the county served by the court; 3,690
(iii) If the fee is paid by a person who was charged in a 3,692
municipal court with the violation that resulted in the 3,693
91
suspension, the portion shall be deposited into the municipal 3,694
indigent drivers alcohol treatment fund under the control of that 3,695
court. 3,696
(b) If the suspension in question was imposed under 3,698
division (B) of section 4507.16 of the Revised Code, that portion 3,699
of the fee shall be deposited as follows: 3,700
(i) If the fee is paid by a person whose license or permit 3,702
was suspended by a county court, the portion shall be deposited 3,703
into the county indigent drivers alcohol treatment fund under the 3,704
control of that court; 3,705
(ii) If the fee is paid by a person whose license or 3,707
permit was suspended by a municipal court, the portion shall be 3,708
deposited into the municipal indigent drivers alcohol treatment 3,709
fund under the control of that court. 3,710
(3) Expenditures from a county indigent drivers alcohol 3,712
treatment fund, a county juvenile indigent drivers alcohol 3,713
treatment fund, or a municipal indigent drivers alcohol treatment 3,714
fund shall be made only upon the order of a county, juvenile, or 3,715
municipal court judge and only for payment of the cost of the 3,716
attendance at an alcohol and drug addiction treatment program of 3,717
a person who is convicted of, or found to be a juvenile traffic 3,718
offender by reason of, a violation of division (A) of section 3,719
4511.19 of the Revised Code or a substantially similar municipal 3,720
ordinance, who is ordered by the court to attend the alcohol and 3,721
drug addiction treatment program, and who is determined by the 3,722
court to be unable to pay the cost of attendance at the treatment 3,724
program. The board of alcohol, drug addiction, and mental health 3,725
services established pursuant to section 340.02 of the Revised 3,726
Code serving the alcohol, drug addiction, and mental health 3,727
service district in which the court is located shall administer 3,728
the indigent drivers alcohol treatment program of the court. 3,729
When a court orders an offender or juvenile traffic offender to 3,730
attend an alcohol and drug addiction treatment program, the board 3,731
shall determine which program is suitable to meet the needs of 3,732
92
the offender or juvenile traffic offender, and when a suitable 3,733
program is located and space is available at the program, the 3,734
offender or juvenile traffic offender shall attend the program 3,735
designated by the board. A reasonable amount not to exceed five 3,736
per cent of the amounts credited to and deposited into the county 3,737
indigent drivers alcohol treatment fund, the county juvenile 3,738
indigent drivers alcohol treatment fund, or the municipal 3,739
indigent drivers alcohol treatment fund serving every court whose 3,740
program is administered by that board shall be paid to the board 3,741
to cover the costs it incurs in administering those indigent 3,742
drivers alcohol treatment programs.
Sec. 4511.951. (A) A fee of twelve THIRTY dollars and 3,751
fifty cents shall be charged by the registrar of motor vehicles 3,753
for the reinstatement of any driver's license suspended pursuant 3,754
to division (A) of Article IV of the compact enacted in section 3,755
4511.95 of the Revised Code.
(B) Pursuant to division (A) of Article VI of the 3,757
nonresident violator compact of 1977 enacted in section 4511.95 3,758
of the Revised Code, the director of public safety shall serve as 3,759
the compact administrator for Ohio.
Sec. 4981.09. (A) There is hereby created in the state 3,768
treasury the rail development fund. The fund shall consist of 3,771
such moneys as may be provided by law, including moneys received 3,772
from the sale, transfer, or lease of any rail property pursuant 3,773
to section 4981.08 of the Revised Code, and amounts transferred 3,774
pursuant to division (B) of this section. Moneys in the fund 3,777
shall be used for the purpose of acquiring, rehabilitating, or 3,778
developing rail property or service, or for participation in the 3,779
acquisition of rail property with the federal government, 3,780
municipal corporations, townships, counties, or other 3,781
governmental agencies. For the purpose of acquiring such rail 3,782
property, the Ohio rail development commission may obtain 3,783
acquisition loans from the federal government or from any other 3,784
source.
93
The fund shall also be used to promote, plan, design, 3,786
construct, operate, and maintain passenger and freight rail 3,787
transportation systems, and may be used to pay the administrative 3,789
costs of the Ohio rail development commission associated with 3,790
conducting any authorized rail program, and for any purpose
authorized by sections 4981.03 and 5501.56 of the Revised Code. 3,791
The fund shall not be used to provide loan guarantees. 3,792
(B) Twice each year:, by the last day of January MARCH 3,795
for the immediately preceding June through December; and by the 3,796
last day of June AUGUST for the immediately preceding January 3,798
through May, the tax commissioner shall certify to the director 3,799
of budget and management the identified amounts paid into the 3,800
general revenue fund pursuant to Chapter 5733. of the Revised 3,801
Code during those months by taxpayers engaged in the business of 3,803
owning or operating a railroad either wholly or partially within
this state on rights of way acquired and held exclusively by such 3,804
taxpayer. The certifications shall not include amounts refunded 3,806
to such taxpayers. Upon receipt of each certification, the 3,807
director of budget and management shall transfer seventy-five per 3,808
cent of the amount certified from the general revenue fund to the 3,809
rail development fund.
Sec. 4981.34. (A) On behalf of a franchisee and pursuant 3,818
to section 4981.15 of the Revised Code, the Ohio rail development 3,819
commission may issue bonds for loans to finance development and 3,820
construction of a franchisee's portion of a rail system. 3,821
Notwithstanding section 4981.151 of the Revised Code, any ANY 3,822
bonds issued pursuant to this section do not, and shall state 3,824
that they do not, represent or constitute a debt or pledge of the 3,825
faith and credit of the state, nor do such bonds grant to the 3,826
bondholders or noteholders any right to have the general assembly 3,827
levy any taxes or appropriate any funds for the payment of the 3,828
principal or interest thereon. Such bonds shall be payable 3,829
solely from the loan repayments the commission receives from the 3,830
franchisee to which the loan was made. The loan repayments shall 3,831
94
be made from revenues that the franchisee receives from the 3,832
operation of its portion of the rail system and that shall be 3,833
pledged to repay the commission, or from such other credit 3,834
sources as the franchisee may arrange. 3,835
(B) The portion of the rail system awarded to a 3,837
franchisee, any elements thereof, or the land upon which a 3,838
franchise is situated may be owned by the franchisee or owned by 3,839
the commission and leased to the franchisee for the term of the 3,840
franchise. 3,841
(C) The rail system may be financed partially by the 3,843
commission and partially by franchisees. With respect to that 3,844
portion of the rail system financed by the commission, the 3,845
commission may utilize all of the bonding and financial authority 3,846
contained in sections 4981.01 to 4981.26 of the Revised Code and 3,847
also may seek to obtain state funding or federal financing on 3,848
behalf of the rail system. Commission financing, credit support, 3,849
and financial assistance may not be commingled with private 3,850
financing obtained by the franchisee, and any moneys of the 3,851
commission to be expended by the commission to finance a portion 3,852
of a rail system shall be kept in accounts that are separate and 3,853
apart from and not a part of the accounts in which are kept any 3,854
moneys to be expended by a franchisee to finance its portion of a 3,855
rail system. 3,856
(D) The franchisee may arrange financing and refinancing 3,858
of the system through any combination of debt, equity, and public 3,859
sources available to it that it determines in its sole 3,860
discretion. A franchisee shall not be precluded from utilizing 3,861
any type of public or private assistance available to it in 3,862
connection with the development of its franchise. A franchisee 3,863
shall furnish the commission all relevant and necessary 3,864
information with respect to financing terms to enable the 3,865
commission to exercise its oversight responsibilities with 3,866
respect to the franchisee's reasonable return on its investment. 3,867
(E) When requested by a franchisee, the commission shall 3,869
95
seek from the office of budget and management an allotment of 3,870
proceeds from the issuance of private activity bonds. The 3,871
commission shall distribute those proceeds to franchisees in such 3,872
proportions and amounts as it determines in its discretion. 3,873
(F)(1) The commission may levy and collect special 3,875
assessments upon all parcels of real property, other than real 3,876
property owned by a railroad corporation, in the immediate 3,877
vicinity of any rail system station or terminal of the commission 3,878
or a franchisee, including, without limitation, parcels that 3,879
abut, are adjacent or contiguous to, or otherwise increase in 3,880
value due to the existence of, the station or terminal. An 3,881
assessment levied under this division shall be for the purpose of 3,882
enabling the commission to collect a portion of the increase in 3,883
the true value in money of any such parcel of property subsequent 3,884
to the commencement of operation of a rail system station or 3,885
terminal. All assessments shall be applied, directly or 3,886
indirectly, to the development and financing of the portion of 3,887
the rail system of which the station or terminal is a part. 3,888
(2) Upon written request of the commission, the county 3,890
auditor of a county in which a rail system station or terminal 3,891
commences operation shall assess each parcel of real property 3,892
that is located in the immediate vicinity of the station or 3,893
terminal and that the commission has reasonable cause to believe 3,894
has increased in true value in money because of the existence of 3,895
the station or terminal. The county auditor shall utilize 3,896
appropriate assessment techniques specified in rules adopted by 3,897
the tax commissioner pursuant to Chapter 5713. of the Revised 3,898
Code to determine the increase in true value, if any, of the real 3,899
property. Any increase shall be measured by comparing the true 3,900
value of the real property in the year in which the commission 3,901
adopted the resolution designating the location of the station or 3,902
terminal, as reflected on the tax list for that year, with the 3,903
highest true value of the real property as of the month in which 3,904
rail system operations commenced at the station or terminal. The 3,905
96
county auditor shall then determine what percentage of the true 3,906
value increase, if any, is directly attributable to the existence 3,907
of and commencement of operations at the station or terminal. The 3,909
county auditor shall convert the percentage increase to an amount 3,910
certain, and certify the results of the assessments to the
commission. Within thirty days after receipt of the certified 3,911
results, the commission shall reimburse the county auditor for 3,912
the actual cost to the auditor of making the assessments. 3,913
(3) In no case shall any special assessment levied by the 3,915
commission upon a parcel of real property exceed twenty per cent 3,916
of the increase in the true value of the property that the county 3,917
auditor certifies to the commission as being directly 3,918
attributable to the existence of and commencement of operations 3,919
at the station or terminal. A special assessment shall 3,920
constitute a lien against the property and shall be added to the 3,921
tax list and duplicate for collection. Payments on the special 3,922
assessment shall be made semiannually at the same time as real 3,923
property taxes are required to be paid, but upon written request 3,924
of the owner of the real property assessed, the county auditor 3,925
may permit the owner to pay the assessment in equal installments 3,926
over a period of not longer than ten years. 3,927
(4) An owner of real property upon which a special 3,929
assessment is levied under this section may file a petition in 3,930
the court of common pleas of the county in which the real 3,931
property is located challenging any aspect of the assessment, 3,932
including the fact of the special assessment itself or the 3,933
amount. The filing of such a petition shall stay the collection 3,934
of any part of the special assessment, and collection shall not 3,935
commence until a decision on the merits is rendered by the court. 3,936
(G) Nothing in this section shall be construed as limiting 3,938
the power of the commission to issue bonds pursuant to section 3,939
4981.15 of the Revised Code for the purposes stated in that 3,940
section. 3,941
Sec. 5112.17. (A) As used in this section: 3,950
97
(1) "Federal poverty guideline" means the official poverty 3,952
guideline as revised annually by the United States secretary of 3,953
health and human services in accordance with section 673 of the 3,954
"Community Services Block Grant Act," 95 Stat. 511 (1981), 42 3,955
U.S.C.A. 9902, as amended, for a family size equal to the size of 3,956
the family of the person whose income is being determined. 3,957
(2) "Third-party payer" means any private or public entity 3,959
or program that may be liable by law or contract to make payment 3,960
to or on behalf of an individual for health care services. 3,961
"Third-party payer" does not include a hospital. 3,962
(B) Each hospital that receives payments under sections 3,964
5112.01 to 5112.21 of the Revised Code shall provide, without 3,965
charge to the individual, basic, medically necessary 3,966
hospital-level services to individuals who are residents of this 3,967
state, are not recipients of the medical assistance program, and 3,968
whose income is at or below the federal poverty guideline. 3,969
Recipients of disability assistance under Chapter 5115. of the 3,970
Revised Code qualify for services under this section. The 3,971
department of human services shall adopt rules under section 3,972
5112.03 of the Revised Code specifying the hospital services to 3,973
be provided under this section. 3,974
(C) Hospitals may bill any third-party payer for services 3,976
rendered under this section. Hospitals may bill the medical 3,977
assistance program, in accordance with Chapter 5111. of the 3,978
Revised Code and the rules adopted under that chapter, for 3,979
services rendered under this section if the individual becomes a 3,980
recipient of the program. Hospitals may bill individuals for 3,981
services under this section if all of the following apply: 3,982
(1) The hospital has an established post-billing procedure 3,984
for determining the individual's income and canceling the charges 3,985
if the individual is found to qualify for services under this 3,986
section. 3,987
(2) The initial bill, and at least the first follow-up 3,989
bill, is accompanied by a written statement that does all of the 3,990
98
following: 3,991
(a) Explains that individuals with income at or below the 3,993
federal poverty guideline are eligible for services without 3,994
charge; 3,995
(b) Specifies the federal poverty guideline for 3,997
individuals and families of various sizes at the time the bill is 3,998
sent; 3,999
(c) Describes the procedure required by division (C)(1) of 4,001
this section. 4,002
(3) The hospital complies with any additional rules the 4,004
department adopts under section 5112.03 of the Revised Code. 4,005
Notwithstanding division (B) of this section, a hospital 4,007
providing care to an individual under this section is subrogated 4,008
to the rights of any individual to receive compensation or 4,009
benefits from any person or governmental entity for the hospital 4,010
goods and services rendered. 4,011
(D) Each hospital shall collect and report to the 4,013
department, in the form and manner prescribed by the department, 4,014
information on the number and identity of patients served 4,015
pursuant to this section. 4,016
(E) This section applies beginning May 22, 1992, 4,018
regardless of whether the department has adopted rules specifying 4,019
the services to be provided. Nothing in this section alters the 4,020
scope or limits the obligation of any governmental entity or 4,021
program, including the program awarding reparations to victims of 4,022
crime under sections 2743.51 to 2743.72 of the Revised Code, AND 4,023
the program for medically handicapped children established under 4,025
section 3701.023 of the Revised Code, and the hospital motor 4,026
vehicle claims program established under sections 3701.61 to 4,027
3701.69 of the Revised Code, to pay for hospital services in 4,028
accordance with state or local law. 4,029
Sec. 5501.01. As used in Chapters 5501., 5503., 5511., 4,038
5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 4,039
5528., 5529., 5531., 5533., and 5535. of the Revised Code: 4,040
99
(A) "Transportation facilities" means all publicly owned 4,042
modes and means of transporting people and goods, including the 4,043
physical facilities, GARAGES, DISTRICT OFFICES, RADIO TOWERS, AND 4,044
OTHER BUILDINGS OR FIXTURES therefor, and including, but not 4,045
limited to, highways, RIGHTS-OF-WAY, roads and bridges, parking 4,046
facilities, aviation facilities, port facilities, rail 4,048
facilities, and public transportation facilities, REST AREAS, AND 4,049
ROADSIDE PARKS.
(B) "Public transportation" means publicly owned or 4,051
operated transportation by bus, rail, or other conveyance, which 4,052
provides to the public transit or paratransit service on a 4,053
regular and continuing basis within the state, and may include 4,054
demand-responsive transportation, subscription bus service, 4,055
shared-ride taxi service, car pools, van pools, or jitney 4,056
service. "Public transportation" does not include school bus 4,057
transportation or charter or sightseeing services. 4,058
(C) "Road" or "highway" includes bridges, viaducts, grade 4,060
separations, appurtenances, and approaches on or to such road or 4,061
highway. 4,062
(D) "Right-of-way" has the same meaning as in division 4,064
(UU)(2) of section 4511.01 of the Revised Code. 4,065
(E) "TELECOMMUNICATIONS SERVICE" MEANS A 4,068
TELECOMMUNICATIONS COMPANY THAT CHARGES FOR THE PROVISION OF 4,069
TELECOMMUNICATIONS SERVICES, INCLUDING WIRELESS TRANSMISSION OF 4,070
INTERACTIVE, TWO-WAY, VOICE OR DATA COMMUNICATIONS. 4,071
Sec. 5501.311. (A) Notwithstanding sections 123.01 and 4,080
127.16 of the Revised Code the director of transportation may 4,081
lease or lease-purchase all or any part of a transportation 4,082
facility to or from one or more persons, one or more governmental 4,084
agencies, a transportation improvement district, or any 4,085
combination thereof, and, in conjunction therewith, may grant 4,086
leases, easements, or licenses for lands under the control of the 4,087
department of transportation. The director shall MAY adopt such 4,088
rules as are necessary to give effect to this section. 4,090
100
(B) Plans and specifications for the construction of a 4,092
transportation facility under a lease or lease-purchase agreement 4,093
are subject to approval of the director and must meet or exceed 4,095
all applicable standards of the department. 4,096
(C) Any lease or lease-purchase agreement under which the 4,098
department is the lessee shall be for a period not exceeding the 4,099
then current two-year period for which appropriations have been 4,100
made by the general assembly to the department, and such 4,101
agreement may contain such other terms as the department and the 4,102
other parties thereto agree, notwithstanding any other provision 4,103
of law, including provisions that rental payments in amounts 4,104
sufficient to pay bond service charges payable during the current 4,105
two-year lease term shall be an absolute and unconditional 4,106
obligation of the department independent of all other duties 4,107
under the agreement without set-off or deduction or any other 4,108
similar rights or defenses. Any such agreement may provide for 4,109
renewal of the agreement at the end of each term for another 4,110
term, not exceeding two years, provided that no renewal shall be 4,111
effective until the effective date of an appropriation enacted by 4,112
the general assembly from which the department may lawfully pay 4,113
rentals under such agreement. Any such agreement may include, 4,115
without limitation, any agreement by the department with respect 4,116
to any costs of transportation facilities to be included prior to 4,117
acquisition and construction of such transportation facilities. 4,118
Any such agreement shall not constitute a debt or pledge of the 4,119
faith and credit of the state, or of any political subdivision of 4,120
the state, and the lessor shall have no right to have taxes or 4,121
excises levied by the general assembly, or the taxing authority 4,122
of any political subdivision of the state, for the payment of 4,123
rentals thereunder. Any such agreement shall contain a statement 4,124
to that effect.
(D) A municipal corporation, township, or county may use 4,126
service payments in lieu of taxes credited to special funds or 4,127
accounts pursuant to sections 5709.43, 5709.75, and 5709.80 of 4,128
101
the Revised Code to provide its contribution to the cost of a 4,129
transportation facility, provided such facility was among the
purposes for which such service payments were authorized. The 4,130
contribution may be in the form of a lump sum or periodic 4,131
payments.
(E)(1) PURSUANT TO 47 U.S.C. 332, THE DIRECTOR MAY GRANT A 4,134
LEASE, EASEMENT, OR LICENSE IN A TRANSPORTATION FACILITY TO A 4,135
TELECOMMUNICATIONS SERVICE FOR CONSTRUCTION, PLACEMENT, OR 4,136
OPERATION OF A WIRELESS TRANSMISSION TOWER OR OTHER WIRELESS 4,137
TRANSMISSION EQUIPMENT. THE TRANSPORTATION FACILITY MUST BE 4,138
OWNED IN FEE SIMPLE BY THIS STATE AT THE TIME THE DIRECTOR GRANTS 4,139
THE LEASE, EASEMENT, OR LICENSE. THE DIRECTOR SHALL ADOPT RULES 4,140
PRESCRIBING COMPETITIVE PROCEDURES FOR GRANTING SUCH A LEASE, 4,141
EASEMENT, OR LICENSE, AND SHALL MAKE ANY GRANT TO THE HIGHEST 4,142
BIDDER IN ACCORDANCE WITH THOSE PROCEDURES. THE DIRECTOR SHALL 4,143
REQUIRE INDEMNITY AGREEMENTS IN FAVOR OF THE DEPARTMENT AS A 4,144
CONDITION OF THE LEASE, EASEMENT, OR LICENSE. THE INDEMNITY 4,145
AGREEMENT SHALL SECURE THIS STATE AND ITS AGENTS FROM LIABILITY 4,146
FOR DAMAGES ARISING OUT OF SAFETY HAZARDS, ZONING, AND ANY OTHER 4,147
MATTER OF PUBLIC INTEREST THE DIRECTOR REQUIRES. A LEASE, 4,148
EASEMENT, OR LICENSE GRANTED UNDER THIS DIVISION IS SUBJECT TO 4,149
ALL OF THE FOLLOWING CONDITIONS: 4,150
(a) THE DIRECTOR MAY REQUIRE THE TOWER OR OTHER EQUIPMENT 4,153
TO BE DESIGNED TO ACCOMMODATE THE DEPARTMENT'S RADIO 4,154
COMMUNICATION SYSTEM AND INTELLIGENT TRANSPORTATION SYSTEM, THE 4,155
STATE'S MULTI-AGENCY RADIO COMMUNICATION SYSTEM, OR ANY OTHER 4,156
COMMUNICATION SYSTEM THE DIRECTOR DETERMINES NECESSARY FOR 4,157
HIGHWAY PURPOSES.
(b) IF TECHNICALLY FEASIBLE AS DETERMINED BY THE DIRECTOR, 4,160
THE DIRECTOR MAY REQUIRE THE TOWER OR OTHER EQUIPMENT TO BE 4,161
DESIGNED TO ACCOMMODATE THE WIRELESS TRANSMISSION EQUIPMENT OF 4,162
ONE OR MORE OTHER TELECOMMUNICATIONS SERVICES IN ADDITION TO THE 4,163
EQUIPMENT OF THE TELECOMMUNICATIONS SERVICE GRANTED THE LEASE, 4,164
EASEMENT, OR LICENSE.
102
(c) IF REQUIRED BY THE DIRECTOR, THE TELECOMMUNICATIONS 4,167
SERVICE GRANTED THE LEASE, EASEMENT, OR LICENSE SHALL PERMIT 4,168
OTHER TELECOMMUNICATIONS SERVICES TO CO-LOCATE ON THE TOWER OR 4,169
OTHER EQUIPMENT, UNDER TERMS AND CONDITIONS THAT ARE REASONABLE 4,170
AND THAT COMPLY WITH ANY RULES ADOPTED BY THE DIRECTOR UNDER THIS 4,171
SECTION.
(d) THE TELECOMMUNICATIONS SERVICE SHALL COMPLY WITH THE 4,174
CONDITIONS OF ANY PERMIT ISSUED UNDER SECTION 5515.01 OF THE 4,175
REVISED CODE PERTAINING TO LAND THAT IS THE SUBJECT OF THE LEASE, 4,177
EASEMENT, OR LICENSE.
(e) ALL PLANS AND SPECIFICATIONS FOR A TOWER OR OTHER 4,180
EQUIPMENT SHALL BE APPROVED BY THE DIRECTOR PRIOR TO CONSTRUCTION 4,181
OR PLACEMENT.
(f) ANY OTHER CONDITIONS THE DIRECTOR DETERMINES 4,184
NECESSARY.
(2) MONEY RECEIVED BY THE DEPARTMENT UNDER DIVISION (D)(1) 4,187
OF THIS SECTION SHALL BE DEPOSITED TO THE CREDIT OF THE HIGHWAY 4,188
OPERATING FUND.
(3) A LEASE, EASEMENT, OR LICENSE GRANTED UNDER DIVISION 4,191
(D)(1) OF THIS SECTION, AND ANY WIRELESS TRANSMISSION TOWER OR 4,192
OTHER WIRELESS TRANSMISSION EQUIPMENT RELATING TO SUCH A LEASE, 4,193
EASEMENT, OR LICENSE, IS HEREBY DEEMED TO FURTHER THE ESSENTIAL 4,194
HIGHWAY PURPOSE OF BUILDING AND MAINTAINING A SAFE, EFFICIENT, 4,195
AND ACCESSIBLE TRANSPORTATION SYSTEM. 4,196
Sec. 5501.32. The director of transportation may purchase 4,205
property in fee simple in the name of the state by warranty deed, 4,206
and all or any part of a tract of land when the acquisition of a 4,207
part of the land needed for highway purposes will result in 4,208
substantial damages to the residue by severance, controlled 4,209
access, or isolation. The warranty deed shall contain a 4,210
description of the property suitable for platting on tax maps. 4,211
The director, in the name of the state, may sell all the 4,213
right, title, and interest of the state in any part of land not 4,214
required for highway purposes, provided the director shall have 4,215
103
the parcel of land appraised by a department prequalified 4,216
appraiser. 4,217
Except as otherwise provided in this section, the director 4,219
shall advertise such THE sale OF LAND NOT REQUIRED FOR HIGHWAY 4,221
PURPOSES in a newspaper of general circulation in the county in 4,222
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 4,224
be sold at public auction to the highest bidder for not less than 4,225
two-thirds of its appraised value, BUT THE DIRECTOR MAY REJECT 4,226
ALL BIDS THAT ARE LESS THAN THE FULL APPRAISED VALUE OF THE LAND. 4,228
If, however, such land NOT REQUIRED FOR HIGHWAY PURPOSES is 4,230
appraised as having a current fair market value of five thousand 4,232
dollars or less, the director may sell the land to the sole 4,233
abutting owner through a private sale at a price not less than 4,234
its appraised value. If there is more than one abutting owner, 4,235
the director may invite all of the abutting owners to submit 4,236
sealed bids and may sell the land to the highest bidder at not 4,237
less than its appraised value.
All expense incurred in the sale of each parcel of land 4,239
shall be paid out of the proceeds of the sale and the balance 4,240
shall be deposited in the highway fund from which the purchase 4,241
was made. 4,242
The deed to such THE purchaser OF LAND UNDER THIS SECTION 4,244
shall be prepared by the auditor of state, executed by the 4,245
governor and, countersigned by the secretary of state, and SHALL 4,247
bear the great seal of the state.
Sec. 5501.34. In the event that circumstances alter the 4,256
highway requirements after the director of transportation has 4,257
purchased and acquired property from the administrator of 4,258
workers' compensation or retirement board, or otherwise, so that 4,259
the property, or part thereof, is no longer required for highway 4,260
purposes, the director may sell, in the name of the state, MAY 4,261
SELL all the right, title, and interest of the state in any of 4,262
the real property. As soon as reasonably practical after 4,263
104
determining that any of the real property is no longer required 4,264
for highway purposes, the director shall have the parcel of land 4,265
appraised by a department prequalified appraiser. 4,266
Except as otherwise provided in this section, the director 4,268
shall advertise the sale in a newspaper of general circulation in 4,269
the county in which the land is situated for at least two 4,270
consecutive weeks prior to the date set for the sale. Such THE 4,271
land shall MAY be sold at public auction to the highest bidder 4,272
for not less than two-thirds of its appraised value, provided 4,273
that BUT THE DIRECTOR MAY REJECT ALL BIDS THAT ARE LESS THAN THE 4,274
FULL APPRAISED VALUE OF THE LAND. HOWEVER, if no sale has been 4,275
effected after an effort to sell under this paragraph, the 4,277
director may set aside the appraisement, order a new 4,278
appraisement, and, except as otherwise provided in this section, 4,279
readvertise the property for sale.
If, however, such land NOT REQUIRED FOR HIGHWAY PURPOSES is 4,281
appraised or reappraised as having a current fair market value of 4,283
five thousand dollars or less, the director may sell the land to 4,284
the sole abutting owner through a private sale at a price not 4,285
less than the appraised value. If there is more than one 4,286
abutting owner, the director may invite all of the abutting 4,287
owners to submit sealed bids and may sell the land to the highest 4,288
bidder at not less than its appraised value. 4,289
If such land is reappraised as having a fair market value 4,291
of one thousand dollars or less, and no sale has been effected 4,292
after an effort to sell to the abutting owner or owners, the 4,293
director may readvertise and sell the land at public auction to 4,294
the highest bidder. 4,295
Conveyances of the lands shall be by deed executed by the 4,297
governor, bear the great seal of the state of Ohio, and shall be 4,298
in the form as prescribed by the attorney general. Section 4,299
5301.13 of the Revised Code, relating to the sale of public 4,300
lands, shall not apply to conveyances made pursuant to this 4,301
section. The director shall keep a record of all such 4,302
105
conveyances. 4,303
Sec. 5501.37. In the event that circumstances alter the 4,312
highway requirements after the director of transportation has 4,313
purchased and acquired property from the commissioners of the 4,314
sinking fund, or otherwise, so that such THE property, or part 4,315
thereof, is no longer required for highway or recreation 4,316
purposes, the director may sell, in the name of the state, MAY 4,318
SELL all the right, title, and interest of the state in any such 4,319
THE real property. The director may convey property that is no 4,320
longer needed for highway purposes and rights-of-way and 4,321
easements in such property to the director of natural resources 4,322
or any political subdivisions for the use and protection of any 4,323
public recreational trail. As soon as reasonably practical after 4,324
determining that any such real property is no longer required for 4,325
highway or recreation purposes the director shall have the parcel 4,326
of land appraised by a department prequalified appraiser. 4,327
Except as otherwise provided in this section, the director 4,329
shall advertise such THE sale in a newspaper of general 4,330
circulation in the county in which the land is situated for at 4,332
least two consecutive weeks prior to the date set for such THE 4,333
sale. Such THE land shall MAY be sold at public auction to the 4,335
highest bidder for not less than two-thirds of its appraised
value, provided that BUT THE DIRECTOR MAY REJECT ALL BIDS THAT 4,336
ARE LESS THAN THE FULL APPRAISED VALUE OF THE LAND. HOWEVER, if 4,337
no sale has been effected after an effort to sell under this 4,338
paragraph, the director may set aside the appraisement, order a 4,339
new appraisement, and, except as otherwise provided in this 4,340
section, readvertise the property for sale. 4,341
If, however, such land NOT REQUIRED FOR HIGHWAY OR 4,343
RECREATION PURPOSES is appraised or reappraised as having a 4,345
current fair market value of five thousand dollars or less, the 4,346
director may sell the land to the sole abutting owner through a 4,347
private sale at a price not less than the appraised value. If 4,348
there is more than one abutting owner, the director may invite 4,349
106
all of the abutting owners to submit sealed bids and may sell the 4,350
land to the highest bidder at not less than its appraised value. 4,351
If such land is reappraised as having a fair market value 4,353
of one thousand dollars or less, and if no sale has been effected 4,354
after an effort to sell to the abutting owner or owners, the 4,355
director may readvertise and sell the land at public auction to 4,356
the highest bidder. 4,357
Conveyances of such land shall be by deed executed by the 4,359
governor, bear the great seal of the state of Ohio, and shall be 4,360
in the form as prescribed by the attorney general. The 4,361
provisions of section 5301.13 of the Revised Code, relating to 4,362
the sale of public lands, do not apply to conveyances made 4,363
pursuant to this section. The director shall keep a record of 4,364
all such conveyances. 4,365
Sec. 5502.01. (A) The department of public safety shall 4,374
administer and enforce the laws relating to the registration, 4,377
licensing, sale and operation of motor vehicles and the laws 4,378
pertaining to the licensing of drivers of motor vehicles. 4,379
The department shall compile, analyze, and publish 4,381
statistics relative to motor vehicle accidents and the causes 4,383
thereof, prepare and conduct educational programs for the purpose 4,384
of promoting safety in the operation of motor vehicles on the 4,386
highways, assist the state board of education in the formulation
of minimum standards for driver education courses of instruction, 4,387
encourage driver instruction in the high schools of the state, 4,389
and conduct research and studies for the purpose of promoting 4,390
safety on the highways of this state.
(B) The department shall administer the laws and rules 4,392
applicable to the division of state emergency medical services. 4,393
(C) The department shall administer and enforce the laws 4,395
contained in Chapters 4301. and 4303. of the Revised Code and 4,397
enforce the rules and orders of the liquor control commission 4,400
pertaining to retail liquor permit holders.
(D) The department shall administer the laws governing the 4,402
107
state emergency management agency and shall enforce all 4,403
additional duties and responsibilities as prescribed in the 4,404
Revised Code related to emergency management services. 4,405
(E) The department shall conduct investigations pursuant 4,407
to Chapter 5101. of the Revised Code in support of the duty of 4,409
the department of human services to administer food stamp 4,410
programs throughout this state. The department of public safety 4,411
shall conduct investigations necessary to protect the state's 4,412
property rights and interests in the food stamp program.
(F) The department of public safety shall enforce 4,414
compliance with orders and rules of the public utilities 4,415
commission and applicable laws in accordance with Chapters 4919., 4,416
4921., and 4923. of the Revised Code regarding commercial motor 4,417
vehicle transportation safety, economic, and hazardous materials 4,418
requirements.
(G) Notwithstanding Chapter 4117. of the Revised Code, the 4,420
department of public safety may establish requirements for its 4,421
enforcement personnel that include standards of conduct, work 4,422
rules and procedures, and criteria for eligibility as law 4,423
enforcement personnel.
(H) THE DEPARTMENT SHALL ADMINISTER, MAINTAIN, AND OPERATE 4,426
THE OHIO CRIMINAL JUSTICE NETWORK. THE OHIO CRIMINAL JUSTICE 4,428
NETWORK SHALL BE A COMPUTER NETWORK THAT SUPPORTS STATE AND LOCAL 4,429
CRIMINAL JUSTICE ACTIVITIES. THE NETWORK SHALL BE AN ELECTRONIC 4,430
REPOSITORY FOR VARIOUS DATA, WHICH MAY INCLUDE ARREST WARRANTS, 4,431
NOTICES OF PERSONS WANTED BY LAW ENFORCEMENT AGENCIES, CRIMINAL 4,432
RECORDS, PRISON INMATE RECORDS, STOLEN VEHICLE RECORDS, VEHICLE 4,433
OPERATOR'S LICENSES, AND VEHICLE REGISTRATIONS AND TITLES. 4,435
Sec. 5502.12. The accident reports submitted pursuant to 4,445
section 5502.11 of the Revised Code shall be for the use of the 4,446
director of public safety for purposes of statistical, safety, 4,447
and other studies. The director of public safety shall search 4,448
and furnish a copy of such report to any person claiming an 4,449
interest arising out of a motor vehicle accident, or to his THE 4,450
108
PERSON'S attorney, upon the payment of a nonrefundable fee of two 4,451
THREE dollars. With respect to accidents investigated by the 4,452
state highway patrol, the director of public safety shall furnish 4,453
to such person all related reports and statements upon the 4,454
payment of a nonrefundable fee of three FOUR dollars. The cost 4,455
of photographs shall be in addition to the nonrefundable 4,457
three-dollar FOUR-DOLLAR fee. 4,458
Such state highway patrol reports, statements, and 4,460
photographs may, in the discretion of the director of public 4,461
safety, MAY be withheld until all criminal prosecution has been 4,462
concluded; and the director of public safety may require proof, 4,463
satisfactory to him THE DIRECTOR, of the right of any applicant 4,464
to be furnished such documents. 4,466
Sec. 5512.01. THE DIRECTOR OF TRANSPORTATION SHALL DEVELOP 4,468
A LIST OF THE GOALS OF THE DEPARTMENT RELATING TO THE 4,469
CONSTRUCTION OF NEW HIGHWAY CAPACITY. NOT MORE THAN SIX MONTHS 4,470
AFTER THE EFFECTIVE DATE OF THIS SECTION, THE DIRECTOR SHALL 4,471
SUBMIT THE LIST TO THE TRANSPORTATION REVIEW ADVISORY COUNCIL. 4,472
THE COUNCIL SHALL REVIEW THE GOALS, AND APPROVE THEM OR SUGGEST
REVISIONS TO THE DIRECTOR. IF THE COUNCIL SUGGESTS REVISIONS, 4,473
THE DIRECTOR SHALL MAKE THE REVISIONS AND RESUBMIT THE LIST TO 4,474
THE COUNCIL. IF THE COUNCIL IS SATISFIED WITH THE REVISIONS, IT 4,475
SHALL APPROVE THE LIST OF GOALS.
Sec. 5512.02. (A) USING THE GOALS APPROVED BY THE 4,478
TRANSPORTATION REVIEW ADVISORY COUNCIL, THE DIRECTOR OF
TRANSPORTATION SHALL DEVELOP A WRITTEN PROJECT SELECTION PROCESS 4,479
FOR CONSTRUCTION OF NEW HIGHWAY CAPACITY. THE DIRECTOR SHALL 4,480
INCLUDE THE FOLLOWING IN THE PROCESS: 4,482
(1) A DESCRIPTION OF HOW THE GOALS APPROVED BY THE COUNCIL 4,484
ARE ADVANCED BY THE PROCESS; 4,485
(2) A DEFINITION OF THE KINDS OF PROJECTS TO WHICH THE 4,487
PROCESS APPLIES; 4,488
(3) CRITERIA THAT ARE USED TO RANK PROPOSED PROJECTS BY 4,490
HOW MUCH A PROJECT CONTRIBUTES TO THE ADVANCEMENT OF THE GOALS 4,491
109
APPROVED BY THE COUNCIL; 4,492
(4) DATA THAT IS NECESSARY TO APPLY THE RANKING CRITERIA; 4,494
(5) A DESCRIPTION OF HOW THE DEPARTMENT WILL GATHER THAT 4,496
DATA;
(6) ANY OTHER PROVISIONS THE DIRECTOR CONSIDERS 4,498
APPROPRIATE. 4,499
(B) IN DEVELOPING THE PROJECT SELECTION PROCESS, THE 4,502
DIRECTOR SHALL SEEK AND CONSIDER PUBLIC COMMENT ON THE PROCESS.
IN DOING SO, THE DIRECTOR MAY HOLD PUBLIC HEARINGS IN VARIOUS 4,503
LOCATIONS AROUND THE STATE. 4,504
Sec. 5512.03. UPON COMPLETING THE WRITTEN PROJECT 4,506
SELECTION PROCESS FOR CONSTRUCTION OF NEW HIGHWAY CAPACITY, THE 4,507
DIRECTOR OF TRANSPORTATION SHALL SUBMIT IT TO THE TRANSPORTATION 4,508
REVIEW ADVISORY COUNCIL. THE COUNCIL SHALL REVIEW THE PROCESS, 4,509
AND APPROVE IT OR SUGGEST REVISIONS TO THE DIRECTOR. IF THE 4,510
COUNCIL SUGGESTS REVISIONS, THE DIRECTOR SHALL MAKE THE REVISIONS
AND RESUBMIT THE WRITTEN PROCESS TO THE COUNCIL. IF THE COUNCIL 4,511
IS SATISFIED WITH THE REVISIONS, IT SHALL APPROVE THE PROCESS. 4,512
Sec. 5512.04. ANY TIME THE DIRECTOR OF TRANSPORTATION 4,514
PROPOSES TO MAKE CHANGES TO THE LIST OF GOALS FOR CONSTRUCTION OF 4,515
NEW HIGHWAY CAPACITY OR TO THE WRITTEN PROJECT SELECTION PROCESS 4,516
FOR CONSTRUCTION OF NEW HIGHWAY CAPACITY, THE DIRECTOR SHALL 4,517
SUBMIT THE PROPOSED CHANGES TO THE TRANSPORTATION REVIEW ADVISORY 4,518
COUNCIL. THE COUNCIL SHALL REVIEW THE PROPOSED CHANGES, AND
APPROVE THEM OR SUGGEST REVISIONS TO THE DIRECTOR. IF THE 4,519
COUNCIL SUGGESTS REVISIONS, THE DIRECTOR SHALL MAKE THE REVISIONS 4,520
AND RESUBMIT THE PROPOSAL TO THE COUNCIL. IF THE COUNCIL IS 4,521
SATISFIED WITH THE REVISIONS, IT SHALL APPROVE THE PROPOSED 4,522
CHANGES.
Sec. 5512.05. AT LEAST ONCE EVERY TWO YEARS, THE DIRECTOR 4,524
OF TRANSPORTATION SHALL PREPARE BOTH OF THE FOLLOWING: 4,525
(A) A FISCAL FORECAST PREDICTING THE AMOUNT OF FUNDING 4,528
EXPECTED TO BE AVAILABLE FOR CONSTRUCTION OF NEW HIGHWAY CAPACITY 4,529
DURING THE PERIOD OF THE FORECAST;
110
(B) A LIST OF NEW HIGHWAY CAPACITY PROJECTS, SELECTED 4,532
USING THE PROCESS APPROVED BY THE TRANSPORTATION REVIEW ADVISORY 4,533
COUNCIL, THAT WILL BE CONSTRUCTED OR CONTINUED DURING THE
FORECAST PERIOD USING THE PREDICTED AMOUNT OF FUNDING. 4,534
Sec. 5512.06. UPON COMPLETING THE FISCAL FORECAST AND THE 4,536
LIST OF NEW HIGHWAY CAPACITY PROJECTS, THE DIRECTOR OF 4,537
TRANSPORTATION SHALL SUBMIT THEM TO THE TRANSPORTATION REVIEW 4,538
ADVISORY COUNCIL. THE COUNCIL SHALL REVIEW THE FORECAST AND LIST 4,539
OF NEW PROJECTS, AND APPROVE THEM OR SUGGEST REVISIONS TO THE 4,540
DIRECTOR. IF THE COUNCIL SUGGESTS REVISIONS, THE DIRECTOR SHALL 4,541
MAKE THE REVISIONS AND RESUBMIT THE FORECAST AND LIST OF NEW
PROJECTS TO THE COUNCIL. IF THE COUNCIL IS SATISFIED WITH THE 4,542
REVISIONS, IT SHALL APPROVE THE FORECAST AND LIST. THE COUNCIL 4,543
SHALL NOT REQUIRE ANY ADDITIONS TO THE LIST OF NEW PROJECTS THAT 4,544
WOULD CAUSE SPENDING TO SIGNIFICANTLY EXCEED THE FUNDING
PREDICTED TO BE AVAILABLE BY THE FISCAL FORECAST. 4,545
Sec. 5512.07. IN PERFORMING ITS DUTY TO APPROVE THE GOALS, 4,547
PROJECT SELECTION PROCESS, FISCAL FORECAST, AND LIST OF NEW 4,548
PROJECTS SUBMITTED TO IT BY THE DIRECTOR OF TRANSPORTATION, THE 4,550
TRANSPORTATION REVIEW ADVISORY COUNCIL SHALL CONDUCT PUBLIC 4,551
HEARINGS AS NEEDED AT VARIOUS LOCATIONS AROUND THE STATE. AT THE 4,552
HEARINGS, THE COUNCIL SHALL ACCEPT PUBLIC COMMENT ON THE
DIRECTOR'S PROPOSALS, AND ON THE MERITS OF PARTICULAR 4,553
CONSTRUCTION PROJECTS. MEMBERS OF THE COUNCIL SHALL ATTEND THE 4,554
HEARINGS IN PERSON.
Sec. 5512.08. THE DIRECTOR OF TRANSPORTATION, WITH THE 4,556
APPROVAL OF THE TRANSPORTATION REVIEW ADVISORY COUNCIL, SHALL 4,557
SUBMIT PERIODIC REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY 4,558
ON THE CONDUCT OF THE PROJECT SELECTION PROCESS FOR CONSTRUCTION 4,559
OF NEW HIGHWAY CAPACITY, AND ON THE PROGRESS OF CONSTRUCTION 4,560
UNDERTAKEN UNDER THAT PROCESS.
Sec. 5512.09. (A) THERE IS HEREBY CREATED THE 4,562
TRANSPORTATION REVIEW ADVISORY COUNCIL. NO MEMBER OF THE GENERAL 4,563
ASSEMBLY SHALL BE A MEMBER OF THE COUNCIL. THE COUNCIL SHALL 4,564
111
CONSIST OF SEVEN MEMBERS, ONE OF WHOM IS THE DIRECTOR OF 4,565
TRANSPORTATION. FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR 4,567
WITH THE ADVICE AND CONSENT OF THE SENATE. ONE MEMBER SHALL BE 4,568
APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE 4,569
MEMBER SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE. WITHIN 4,570
NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS SECTION, THE 4,571
GOVERNOR, SPEAKER, AND PRESIDENT SHALL MAKE THE INITIAL 4,572
APPOINTMENTS TO THE COUNCIL.
THE MEMBERS THE GOVERNOR APPOINTS SHALL HAVE THE FOLLOWING 4,574
QUALIFICATIONS: 4,575
(1) TWO MEMBERS SHALL HAVE AT LEAST FIVE YEARS' EXPERIENCE 4,577
IN AN EXECUTIVE OR DECISION-MAKING ROLE IN THE TRANSPORTATION 4,578
SECTOR. THIS EXPERIENCE SHALL HAVE BEEN OBTAINED AS A CURRENT OR 4,579
FORMER ELECTED OFFICER OF A LOCAL TRANSPORTATION OFFICE; CURRENT 4,581
OR FORMER MEMBER OR EMPLOYEE OF A STATEWIDE TRANSPORTATION 4,582
PROFESSIONAL ASSOCIATION, METROPOLITAN PLANNING ORGANIZATION, OR 4,583
TRANSIT AUTHORITY; CURRENT OR FORMER OFFICER OR EMPLOYEE OF A 4,584
FEDERAL TRANSPORTATION AGENCY; OR OTHER COMPARABLE ROLE.
(2) ONE MEMBER SHALL HAVE AT LEAST FIVE YEARS' EXPERIENCE 4,586
IN A LEADERSHIP AND FIDUCIARY ROLE WITH EITHER A BUSINESS OR AN 4,587
ECONOMIC DEVELOPMENT ORGANIZATION. 4,588
(3) ONE MEMBER SHALL BE SELECTED FROM A LIST OF FIVE NAMES 4,590
PROVIDED BY THE OHIO PUBLIC EXPENDITURE COUNCIL. 4,591
(B) OF THE GOVERNOR'S INITIAL APPOINTMENTS MADE TO THE 4,594
COUNCIL, TWO SHALL BE FOR A TERM ENDING ONE YEAR AFTER THE 4,596
EFFECTIVE DATE OF THIS SECTION AND TWO SHALL BE FOR A TERM ENDING
TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION. THE 4,598
SPEAKER'S AND PRESIDENT'S INITIAL APPOINTMENTS MADE TO THE 4,599
COUNCIL SHALL BE FOR A TERM ENDING THREE YEARS AFTER THE 4,601
EFFECTIVE DATE OF THIS SECTION. THEREAFTER, ALL TERMS OF OFFICE
SHALL BE FOR FIVE YEARS, WITH EACH TERM ENDING ON THE SAME DAY OF 4,602
THE SAME MONTH AS DID THE TERM THAT IT SUCCEEDS. EACH MEMBER 4,603
SHALL HOLD OFFICE FROM THE DATE OF APPOINTMENT UNTIL THE END OF 4,604
THE TERM FOR WHICH THE MEMBER WAS APPOINTED. MEMBERS MAY BE 4,605
112
REAPPOINTED. VACANCIES SHALL BE FILLED IN THE MANNER PROVIDED 4,606
FOR ORIGINAL APPOINTMENTS. ANY MEMBER APPOINTED TO FILL ANOTHER 4,607
MEMBER'S UNEXPIRED TERM SHALL HOLD OFFICE FOR THE REMAINDER OF
THAT UNEXPIRED TERM. A MEMBER SHALL CONTINUE IN OFFICE 4,608
SUBSEQUENT TO THE EXPIRATION OF THE MEMBER'S TERM UNTIL THE 4,609
MEMBER'S SUCCESSOR TAKES OFFICE OR UNTIL A PERIOD OF SIXTY DAYS 4,610
HAS ELAPSED, WHICHEVER OCCURS FIRST.
(C) THE DIRECTOR OF TRANSPORTATION IS THE CHAIRPERSON OF 4,613
THE COUNCIL.
Sec. 5512.10. MEMBERS OF THE TRANSPORTATION REVIEW 4,615
ADVISORY COUNCIL, EXCEPT THE DIRECTOR OF TRANSPORTATION, SHALL BE 4,616
COMPENSATED AT THE RATE OF ONE HUNDRED FIFTY DOLLARS PER DAY 4,617
WORKED, PLUS THE NECESSARY TRAVEL AND OTHER EXPENSES INVOLVED 4,618
WITH THEIR DUTIES. HOWEVER, THE COMBINED AMOUNT OF COMPENSATION 4,619
AND EXPENSES PAID TO A MEMBER UNDER THIS SECTION SHALL NOT EXCEED
TEN THOUSAND DOLLARS PER FISCAL YEAR. 4,620
Sec. 5512.11. AT THE REQUEST OF THE TRANSPORTATION REVIEW 4,622
ADVISORY COUNCIL, THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE 4,623
STAFF ASSISTANCE AND OFFICE SPACE FOR THE COUNCIL. 4,624
Sec. 5513.01. (A) All purchases of machinery, materials, 4,634
supplies, or other articles that the director of transportation 4,636
makes shall be in the manner provided in this section. In all 4,637
cases except those in which the director authorizes PROVIDES 4,638
WRITTEN AUTHORIZATION FOR purchases by district deputy directors 4,639
of transportation, all such purchases shall be made at the 4,640
CENTRAL office of the department of transportation in Columbus. 4,641
Before making any purchase at that office, the director, as 4,643
provided in this section, shall give notice to bidders of the 4,644
intention to purchase. Where the expenditure is DOES not more 4,645
than five hundred dollars EXCEED THE AMOUNT APPLICABLE TO THE 4,647
PURCHASE OF SUPPLIES SPECIFIED IN DIVISION (B) OF SECTION 125.05 4,648
OF THE REVISED CODE, AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT
SECTION, the director shall give such notice as the director 4,650
considers proper, or the director may make the purchase without 4,651
113
notice. Where the expenditure is more than five hundred dollars 4,652
EXCEEDS THE AMOUNT APPLICABLE TO THE PURCHASE OF SUPPLIES 4,653
SPECIFIED IN DIVISION (B) OF SECTION 125.05 OF THE REVISED CODE, 4,654
AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT SECTION, the 4,656
director shall give notice by posting for not less than ten days 4,657
a written, typed, or printed invitation to bidders on a bulletin 4,658
board, which shall be located in a place in the offices assigned 4,659
to the department and open to the public during business hours. 4,660
Producers or distributors of any product may notify the director, 4,661
in writing, of the class of articles for the furnishing of which 4,662
they desire to bid and their post-office addresses, in which case 4,663
copies of all invitations to bidders relating to the purchase of 4,664
such articles shall be mailed to such persons by the director by 4,665
regular first class mail at least ten days prior to the time 4,666
fixed for taking bids. The director also may mail copies of all 4,667
invitations to bidders to news agencies or other agencies or 4,668
organizations distributing information of this character. 4,669
Requests for invitations shall not be valid or NOR require action 4,670
by the director unless renewed, either annually or after such 4,671
shorter period as the director may prescribe by a general 4,672
regulation RULE. The invitation to bidders shall contain a brief 4,673
statement of the general character of the article that it is 4,674
intended to purchase, the approximate quantity desired, and a 4,675
statement of the time and place where bids will be received, and 4,676
may relate to and describe as many different articles as the 4,677
director thinks proper, it being the intent and purpose of this 4,678
section to authorize the inclusion in a single invitation of as 4,679
many different articles as the director desires to invite bids 4,680
upon at any given time. Invitations issued during each calendar 4,681
year shall be given consecutive numbers, and the number assigned 4,682
to each invitation shall appear on all copies thereof. In all 4,683
cases where notice is required by this section, sealed bids shall 4,684
be taken, on forms prescribed and furnished by the director, and 4,685
modification of bids after they have been opened shall not be 4,687
114
permitted.
(B) The director may permit any political subdivision and 4,690
any state university or college to participate in contracts into 4,691
which the director has entered for the purchase of machinery, 4,692
materials, supplies, or other articles. Any political 4,693
subdivision or state university or college desiring to 4,694
participate in such purchase contracts shall file with the 4,695
director a certified copy of the ordinance or resolution of its 4,696
legislative authority, board of trustees, or other governing 4,697
board requesting authorization to participate in such contracts 4,698
and agreeing to be bound by such terms and conditions as the 4,699
director prescribes. Purchases made by political subdivisions or 4,700
state universities or colleges under this division are exempt 4,701
from any competitive bidding required by law for the purchase of 4,702
machinery, materials, supplies, or other articles. 4,703
(C) As used in this section: 4,705
(1) "Political subdivision" means any county, township, 4,707
municipal corporation, conservancy district, township park 4,708
district, park district created under Chapter 1545. of the 4,709
Revised Code, port authority, regional transit authority, 4,710
regional airport authority, regional water and sewer district, or 4,711
county transit board.
(2) "State university or college" has the same meaning as 4,713
in division (A)(1) of section 3345.32 of the Revised Code. 4,714
(D) This is an interim section effective until March 4, 4,716
1998. 4,717
Sec. 5513.04. (A) The NOTWITHSTANDING SECTIONS 125.12, 4,727
125.13, AND 125.14 OF THE REVISED CODE, THE director of 4,728
transportation, after notice as provided in sections 5513.01 and 4,729
5513.02 of the Revised Code with respect to purchase, may sell 4,730
any STRUCTURE, machinery, tools, equipment, parts, material, 4,731
OFFICE FURNITURE, or supplies unfit for use or not required 4,733
NEEDED by the department of transportation. Prior THE DIRECTOR 4,735
MAY SELL OR TRANSFER ANY ITEM SPECIFIED IN THIS DIVISION TO ANY 4,736
115
AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE 4,737
WITHOUT NOTICE OF THE PROPOSED DISPOSAL AND UPON ANY MUTUALLY 4,738
AGREED UPON TERMS. THE DIRECTOR MAY EXCHANGE ANY SUCH ITEM, IN 4,739
THE MANNER PROVIDED FOR IN THIS CHAPTER, AND PAY THE BALANCE OF 4,740
THE COST OF SUCH NEW ITEM FROM ANY FUNDS APPROPRIATED TO THE 4,741
DEPARTMENT. THE DIRECTOR ALSO MAY ACCEPT A CREDIT VOUCHER IN AN 4,742
AMOUNT MUTUALLY AGREED UPON BETWEEN A VENDOR AND THE DEPARTMENT. 4,743
THE AMOUNT OF THE CREDIT VOUCHER SHALL BE APPLIED TO FUTURE 4,744
PURCHASES FROM THAT VENDOR. 4,745
(B) NOTWITHSTANDING SECTIONS 125.12, 125.13, AND 125.14 OF 4,748
THE REVISED CODE, THE DIRECTOR, AFTER NOTICE AS PROVIDED IN THIS 4,751
CHAPTER WITH RESPECT TO PURCHASE, MAY SELL ANY PASSENGER VEHICLE, 4,752
VAN, TRUCK, TRAILER, OR OTHER HEAVY EQUIPMENT UNFIT FOR USE OR 4,753
NOT REQUIRED BY THE DEPARTMENT. PRIOR to such sale, the director 4,755
shall notify each county, municipal corporation, township, and 4,756
school district of the sale. The director shall similarly notify 4,757
the board of trustees of any regional water and sewer district 4,758
established under Chapter 6119. of the Revised Code, when the 4,759
board has forwarded to the director the district's name and 4,760
current business address. For the purposes of this division, the 4,761
name and current business address of a regional water and sewer 4,762
district shall be forwarded to the director once each year during 4,763
any year in which the board wishes the notification to be given. 4,764
THE NOTICE REQUIRED BY THIS DIVISION MAY BE GIVEN BY THE MOST 4,766
ECONOMICAL MEANS CONSIDERED TO BE EFFECTIVE, INCLUDING, BUT NOT 4,767
LIMITED TO, REGULAR MAIL, ELECTRONIC MAIL, ELECTRONIC BULLETIN 4,768
BOARD, AND PUBLICATION IN A PERIODICAL OR NEWSPAPER. If after 4,769
fourteen SEVEN days following mailing OR OTHER ISSUANCE of the 4,770
director's notice, no county, municipal corporation, township, 4,771
regional water and sewer district, educational service center, or 4,773
school district has notified the director that it wishes to 4,775
purchase any such machinery, tools, equipment, parts, material, 4,776
VEHICLE or supplies OTHER HEAVY EQUIPMENT, the director may 4,777
proceed with the sale UNDER DIVISION (D) OF THIS SECTION. The 4,778
116
director may exchange such machinery, tools, VEHICLES AND OTHER 4,780
HEAVY equipment, and parts for new machinery, tools, VEHICLES OR 4,782
OTHER HEAVY equipment, or parts, in the manner provided for in 4,783
sections 5513.01 to 5513.04 of the Revised Code, and pay the 4,784
balance of the cost of such new items VEHICLES OR OTHER HEAVY 4,785
EQUIPMENT from the highway operating fund of FUNDS APPROPRIATED 4,786
TO the department. The director also may elect to accept a 4,787
credit voucher from a vendor in an amount mutually agreed to by 4,788
the department and the vendor. The director shall apply the 4,789
credit voucher to future purchases from that vendor. 4,790
The IN AN EMERGENCY SITUATION AS DETERMINED BY THE 4,792
DIRECTOR, THE director may transfer any machinery, tools, 4,793
equipment, parts, materials, VEHICLES or supplies OTHER HEAVY 4,794
EQUIPMENT THAT IS unfit for use or not required NEEDED by the 4,795
department to counties, municipal corporations, ANY AGENCY OF THE 4,796
STATE or other governmental subdivisions POLITICAL SUBDIVISION OF 4,798
THE STATE without advertising for bids and upon such MUTUALLY
AGREED TO terms as the director may agree with the public 4,799
authorities empowered to arrange for the transfer. 4,800
(B)(C) The director may sell or otherwise dispose of any 4,803
structure or structural materials salvaged on the state highway 4,804
system that in the director's judgment are no longer required 4,806
NEEDED by the department, or that, through wear or obsolescence, 4,807
have become unfit for use. The director may authorize the sale 4,808
of the structure or materials by the district deputy directors of 4,809
transportation, and proceedings of such sale shall be conducted 4,810
in the same manner as provided for sales by the director. 4,811
Sale of such structure or materials shall be made to the 4,813
highest responsible bidder and, before making any sale, the 4,814
director shall give notice of such sale by posting, for not less 4,815
than ten days, a written, typed, or printed invitation to bidders 4,816
on a bulletin board in the offices of the department. The 4,817
bulletin board shall be located in a place open to the public 4,818
during business hours. If, in the opinion of the director, the 4,819
117
structure or materials to be sold have a fair market value of two 4,820
hundred dollars or less, the director need not advertise the 4,821
proposed sale except by notice posted on the bulletin board in 4,822
the offices of the department. If the structure or materials to 4,823
be sold have a fair market value in excess of two hundred 4,824
dollars, then the director shall publish one notice of the sale 4,825
in a newspaper of general circulation in the county in which such 4,826
structure or materials are located, and notice shall be published 4,827
at least ten days before bids are to be received. The invitation 4,828
to bidders shall contain a brief description of the materials to 4,829
be sold and a statement of the time and place where bids will be 4,830
received. In the same invitation, the director may receive bids 4,831
on the structure as a whole with alternate bids on each of the 4,832
separate parts or classes of materials making up the whole, and 4,833
may make such sale on whichever basis the director determines is 4,835
most advantageous to the department. If, after invitations are 4,836
issued, it develops that any public authority has use for the 4,837
structure or materials, the director may reject all bids and 4,838
dispose of the structure or materials as set out in this section. 4,839
The director may transfer the structure or materials to 4,841
counties, municipal corporations, or other governmental 4,842
subdivisions without advertising for bids and upon such MUTUALLY 4,843
AGREED TO terms as the director may agree with the public 4,844
authorities empowered to arrange for the transfer. The director 4,847
may transfer the structure or structures to a nonprofit 4,848
corporation upon being furnished a copy of a contract between the 4,849
nonprofit corporation and a county, municipal corporation, or 4,850
other governmental subdivision to which the structure is to be 4,851
moved pursuant to which the nonprofit corporation must make the 4,852
structure or structures available for rent or sale within a 4,853
period of three months after becoming available for occupancy to 4,854
an individual or family which has been displaced by governmental 4,855
action or which occupies substandard housing as certified by such 4,856
governmental subdivision, without advertising for bids. Any such 4,857
118
transfers shall be for such consideration as shall be determined 4,858
by the director to be fair and reasonable, and shall be upon such 4,859
terms and specifications with respect to performance and 4,860
indemnity as shall be determined necessary by the director. 4,861
(C) When, in carrying out an improvement that replaces any 4,863
structure or materials, it is advantageous to dispose of the 4,864
structure or materials by providing in the contract for the 4,865
improvement that the structure or materials, or any part thereof, 4,866
shall become the property of the contractor, the director may so 4,867
proceed. 4,868
(D)(1) ANY ITEM SPECIFIED IN DIVISION (A), (B), OR (C) OF 4,873
THIS SECTION THAT HAS AN ESTIMATED MARKET VALUE GREATER THAN ONE 4,874
THOUSAND DOLLARS AND THAT HAS NOT BEEN SOLD OR TRANSFERRED AS 4,875
PROVIDED IN THOSE DIVISIONS MAY BE SOLD AT PUBLIC SALE. THE 4,876
DIRECTOR MAY AUTHORIZE SUCH SALE BY THE DISTRICT DEPUTY DIRECTORS 4,877
OF TRANSPORTATION, AND THE PROCEEDINGS OF SUCH SALE SHALL BE 4,878
CONDUCTED IN THE SAME MANNER AS PROVIDED FOR SALES BY THE 4,879
DIRECTOR. 4,880
BEFORE MAKING ANY SALE UNDER DIVISION (D)(1) OF THIS 4,883
SECTION, THE DIRECTOR SHALL GIVE NOTICE OF THE SALE BY POSTING, 4,884
FOR NOT LESS THAN TEN DAYS, A WRITTEN, TYPED, OR PRINTED 4,885
INVITATION TO BIDDERS ON A TRADITIONAL OR ELECTRONIC BULLETIN 4,886
BOARD IN THE OFFICES OF THE DEPARTMENT. THE BULLETIN BOARD SHALL 4,887
BE LOCATED IN A PLACE OPEN TO THE PUBLIC DURING NORMAL BUSINESS 4,888
HOURS. AT LEAST TEN DAYS BEFORE BIDS ARE TO BE RECEIVED, THE 4,889
DIRECTOR ALSO SHALL PUBLISH ONE NOTICE OF THE SALE IN A 4,890
PERIODICAL OR NEWSPAPER OF GENERAL CIRCULATION IN THE REGION IN 4,891
WHICH THE ITEMS ARE LOCATED. THE INVITATION TO BIDDERS AND THE 4,892
PUBLISHED NOTICE OF THE SALE SHALL CONTAIN A BRIEF DESCRIPTION OF 4,893
THE ITEMS TO BE SOLD AND A STATEMENT OF THE TIME AND PLACE WHERE 4,894
BIDS WILL BE RECEIVED. THE DIRECTOR MAY RECEIVE BIDS AND MAKE 4,895
SUCH SALE ON ANY BASIS THE DIRECTOR DETERMINES IS MOST 4,896
ADVANTAGEOUS TO THE DEPARTMENT. A SALE UNDER DIVISION (D)(1) OF 4,898
THIS SECTION SHALL BE MADE TO THE HIGHEST RESPONSIBLE BIDDER. 4,899
119
IF, AFTER INVITATIONS ARE ISSUED, IT DEVELOPS THAT ANY PUBLIC 4,900
AUTHORITY HAS USE FOR ANY OF THE ITEMS, THE DIRECTOR MAY REJECT 4,901
ALL BIDS AND DISPOSE OF THE ITEMS AS SET OUT IN THIS SECTION. 4,902
(2) IF, IN THE OPINION OF THE DIRECTOR, ANY ITEM SPECIFIED 4,905
IN DIVISION (A), (B), OR (C) OF THIS SECTION HAS AN ESTIMATED 4,909
FAIR MARKET VALUE OF ONE THOUSAND DOLLARS OR LESS, THE DIRECTOR 4,910
IS NOT REQUIRED TO ADVERTISE THE PROPOSED SALE EXCEPT BY NOTICE 4,911
POSTED ON A TRADITIONAL OR ELECTRONIC BULLETIN BOARD IN ONE OR 4,912
MORE OFFICES OF THE DEPARTMENT. THE BULLETIN BOARD SHALL BE 4,913
LOCATED IN A PLACE OPEN TO THE PUBLIC DURING NORMAL BUSINESS 4,914
HOURS. THE NOTICE SHALL BE POSTED FOR AT LEAST FIVE WORKING DAYS 4,915
AND SHALL CONTAIN A BRIEF DESCRIPTION OF THE ITEMS TO BE SOLD AND 4,916
A STATEMENT OF THE TIME AND PLACE WHERE BIDS WILL BE RECEIVED. 4,917
THE DIRECTOR MAY RECEIVE BIDS AND MAKE SUCH SALE ON ANY BASIS THE 4,918
DIRECTOR DETERMINES IS MOST ADVANTAGEOUS TO THE DEPARTMENT. SALE 4,919
OF ANY ITEM USING THIS METHOD OF ADVERTISING SHALL BE MADE TO THE 4,920
HIGHEST RESPONSIBLE BIDDER. IF IT DEVELOPS THAT ANY PUBLIC 4,921
AUTHORITY HAS USE FOR ANY OF THE ITEMS, THE DIRECTOR MAY REJECT 4,922
ALL BIDS AND DISPOSE OF THE ITEMS AS SET OUT IN THIS SECTION. 4,923
(E) Proceeds of any sale described in this section shall 4,925
be paid into the state treasury to the credit of the state 4,926
highway operating fund OR ANY OTHER FUND OF THE DEPARTMENT AS 4,927
DETERMINED BY THE DIRECTOR. 4,928
(E)(F) As used in this section, "school district" means 4,931
any city school district, local school district, exempted village 4,932
school district, cooperative education school district, and joint 4,934
vocational school district, as defined in Chapter 3311. of the 4,935
Revised Code. Once each year, the state board of education shall 4,936
provide the director with a current list of the addresses of all 4,937
school districts and educational service centers in the state. 4,938
Sec. 5513.06. (A) The director of transportation may 4,947
debar a vendor from consideration for contract awards upon a 4,948
finding based upon a reasonable belief that the vendor has done 4,949
any of the following:
120
(1) Abused the solicitation process by repeatedly 4,951
withdrawing bids before purchase orders or contracts are issued 4,952
or failing to accept orders based upon firm bids; 4,953
(2) Failed to substantially perform a contract according 4,955
to its terms, conditions, and specifications within specified 4,956
time limits;
(3) Failed to cooperate in monitoring contract performance 4,958
by refusing to provide information or documents required in a 4,959
contract, failed to respond and correct matters related to 4,960
complaints to the vendor, or accumulated repeated justified 4,961
complaints regarding performance of a contract; 4,962
(4) Attempted to influence a public employee to breach 4,964
ethical conduct standards; 4,965
(5) Colluded with other bidders to restrain competition by 4,967
any means;
(6) Been convicted of a criminal offense related to the 4,969
application for or performance of any public or private contract, 4,970
including, but not limited to, embezzlement, theft, forgery, 4,971
bribery, falsification or destruction of records, receiving 4,972
stolen property, and any other offense that directly reflects on 4,973
the vendor's business integrity;
(7) Been convicted under state or federal antitrust laws; 4,975
(8) Deliberately or willfully submitted false or 4,977
misleading information in connection with the application for or 4,978
performance of a public contract; 4,979
(9) HAS BEEN DEBARRED BY ANOTHER STATE OR BY ANY AGENCY OR 4,981
DEPARTMENT OF THE FEDERAL GOVERNMENT; 4,982
(10) Violated any other responsible business practice or 4,984
performed in an unsatisfactory manner as determined by the 4,986
director.
(B) When the director reasonably believes that grounds for 4,988
debarment exist, the director shall send the vendor a notice of 4,989
proposed debarment. If the vendor is a partnership, association, 4,990
or corporation, the director also may debar from consideration 4,991
121
for contract awards any partner of the partnership, or the 4,992
officers and directors of the association or corporation, being 4,993
debarred. When the director reasonably believes that grounds for 4,994
debarment exist, the director shall send the individual involved 4,995
a notice of proposed debarment. A notice of proposed debarment 4,996
shall indicate the grounds for the debarment of the vendor or
individual and the procedure for requesting a hearing. The 4,998
notice and hearing shall be in accordance with Chapter 119. of 4,999
the Revised Code. If the vendor or individual does not respond 5,000
with a request for a hearing in the manner specified in Chapter 5,002
119. of the Revised Code, the director shall issue the debarment 5,003
decision without a hearing and shall notify the vendor or 5,004
individual of the decision by certified mail, return receipt 5,005
requested. The debarment period may be of any length determined
by the director and the director may modify or rescind the 5,007
debarment at any time. During the period of debarment, the 5,008
director shall not include on a bidder list or consider for a 5,009
contract award any partnership, association, or corporation
affiliated with a debarred individual. After the debarment 5,010
period expires, the vendor or individual, and any partnership, 5,011
association, or corporation affiliated with the individual, may 5,012
reapply for inclusion on bidder lists through the regular 5,013
application process.
Sec. 5515.01. The director of transportation may upon 5,022
formal application being made to him THE DIRECTOR, grant a permit 5,024
to any individual, firm, or corporation to use or occupy such
portion of a road or highway on the state highway system as will 5,026
not incommode the traveling public. Such permits, when granted, 5,027
shall be upon the following conditions: 5,028
(A) The occupancy of such roads or highways shall be in 5,030
the location as prescribed by the director. 5,031
(B) Such location shall be changed as prescribed by the 5,033
director when he THE DIRECTOR deems such change necessary for the 5,035
convenience of the traveling public, or in connection with or
122
contemplation of the construction, reconstruction, improvement, 5,037
relocating, maintenance, or repair of such road or highway. 5,038
(C) The placing of objects or things shall be at a grade 5,040
and in accordance with such plans, specifications, or both, as 5,041
shall be first approved by the director. 5,042
(D) The road or highway in all respects shall be fully 5,044
restored to its former condition of usefulness and at the expense 5,045
of such individual, firm, or corporation. 5,046
(E) Such individual, firm, or corporation shall maintain 5,048
all objects and things in a proper manner, promptly repair all 5,049
damages resulting to such road or highway on account thereof, and 5,050
in event of failure to so repair such road or highway to pay to 5,051
the state all costs and expenses which may be expended by the 5,052
director in repairing any damage. 5,053
(F) Such other conditions as may seem reasonable to the 5,055
director, but no condition shall be prescribed which imposes the 5,056
payment of a money consideration for the privilege granted. 5,057
NOTHING IN THIS DIVISION PROHIBITS THE DIRECTOR FROM REQUIRING 5,059
PAYMENT OF MONEY CONSIDERATION FOR A LEASE, EASEMENT, LICENSE, OR 5,060
OTHER INTEREST IN A TRANSPORTATION FACILITY UNDER CONTROL OF THE 5,061
DEPARTMENT.
(G) Permits may be revoked by the director at any time for 5,063
a noncompliance with the conditions imposed. 5,064
(H) BEFORE ISSUING A PERMIT TO A TELECOMMUNICATIONS 5,067
SERVICE IN CONNECTION WITH THE CONSTRUCTION, PLACEMENT, OR 5,068
OPERATION OF A WIRELESS TRANSMISSION TOWER OR OTHER TRANSMISSION 5,069
EQUIPMENT IN A TRANSPORTATION FACILITY UNDER DIVISION (E) OF 5,070
SECTION 5501.311 OF THE REVISED CODE, THE DIRECTOR SHALL REQUIRE 5,073
THE APPLICANT TO PROVIDE PROOF IT IS PARTY TO A LEASE, EASEMENT, 5,074
OR LICENSE FOR SUCH CONSTRUCTION, PLACEMENT, OR OPERATION. 5,075
Chapters EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION AND 5,077
SECTION 5501.311 OF THE REVISED CODE, CHAPTERS 5501., 5503., 5,078
5511., 5512., 5513., 5515., 5516., 5517., 5519., 5521., 5523., 5,081
5525., 5527., 5528., 5529., 5531., 5533., and 5535. of the 5,082
123
Revised Code do not prohibit telegraph, telephone, and electric 5,083
light and power companies to construct FROM CONSTRUCTING, 5,084
maintain MAINTAINING, and use USING telegraph, telephone, or 5,086
electric light and power lines along and upon such roads or 5,087
highways under sections 4931.01, 4931.03, 4931.19, 4933.14, or 5,088
other sections of the Revised Code, or to affect existing rights 5,089
of any such companies, or to require such companies to obtain a 5,090
permit from the director, except with respect to the location of 5,091
poles, wires, conduits, and other equipment comprising lines on 5,092
or beneath the surface of such road or highways. 5,093
This section does not prohibit steam or electric railroad 5,095
companies from constructing tracks across such roads or highways, 5,096
nor authorize the director to grant permission to any company 5,097
owning, operating, controlling, or managing a steam railroad or 5,098
interurban railway in this state to build a new line of railroad, 5,099
or to change or alter the location of existing tracks across any 5,100
road or highway on the state highway system at grade. No such 5,101
company shall change the elevation of any of its tracks across 5,102
such road or highway except in accordance with plans and 5,103
specifications first approved by the director. 5,104
This section does not relieve any individual, firm, or 5,106
corporation from the obligation of satisfying any claim or demand 5,107
of an owner of lands abutting on such road or highway on the 5,108
state highway system on account of placing in such road or 5,109
highway a burden in addition to public travel. 5,110
Sec. 5516.01. As used in sections 5516.01 to 5516.13 5,119
5516.14 of the Revised Code: 5,121
(A) "Advertising device" includes any outdoor sign, 5,123
display, device, figure, painting, drawing, message, placard, 5,124
poster, billboard, or any other contrivance designed, intended, 5,125
or used to advertise or to give information in the nature of 5,126
advertising, or any part thereof, the advertising or informative 5,127
contents of which are visible from the main traveled way of any 5,128
highway on the interstate system or primary system in this state. 5,129
124
(B) "Visible" means capable of being seen, whether or not 5,131
legible, AND COMPREHENDED without visual aid by a person of 5,132
normal acuity TRAVELING THE POSTED SPEED LIMIT ON THE MAIN 5,133
TRAVELED WAY OF THE HIGHWAY. 5,134
(C) "Interstate system" means THAT PORTION OF the 5,136
interstate system of highways as defined in 74 Stat. 415 (1960), 5,138
23 U.S.C.A. 103, or amendments thereof, OR THE NATIONAL HIGHWAY 5,139
SYSTEM, LOCATED WITHIN THIS STATE, AS DESIGNATED BY THE DIRECTOR 5,140
OF TRANSPORTATION AND APPROVED BY THE SECRETARY OF TRANSPORTATION 5,141
OF THE UNITED STATES, PURSUANT TO 23 U.S.C.A. 103(b) AND (e). 5,143
(D) "Erect" means to construct or allow to be constructed, 5,145
but it shall not include any activity when performed as an 5,146
incident to the change of advertising message or normal 5,147
maintenance of a sign or sign structure. 5,148
(E) "Maintain" means to preserve, keep in repair, 5,150
continue, allow to exist, or restore if destroyed by an act of 5,151
God or vandalism. 5,152
(F) "National policy" means the provisions relating to 5,154
control of advertising, signs, displays, and devices adjacent to 5,155
the interstate system and primary system contained in the 5,156
"National Highway Beautification Act of 1965," 79 Stat. 1028, OF 5,157
23 U.S.C.A. 131 and the national standards, criteria, and rules 5,158
promulgated pursuant to such provisions. 5,159
(G) "Primary system" means that portion of the state 5,161
highway system OR NATIONAL HIGHWAY SYSTEM LOCATED WITHIN THIS 5,162
STATE as designated or as may hereafter be designated by the 5,164
state as part of the federal-aid primary system of highways,
which designation has been DIRECTOR AND approved by the secretary 5,165
of transportation of the United States, pursuant to 70 Stat. 374 5,167
(1956), 23 U.S.C.A. 103(b). 5,168
(H) "Zoned commercial or industrial areas" means those 5,170
nonagricultural areas which are reserved for business, commerce, 5,171
or trade, pursuant to local zoning laws, regulations, or state 5,172
laws. 5,173
125
(I) "Unzoned commercial or industrial areas AREA" means 5,175
those areas AN AREA not zoned by state or local law, regulation, 5,177
or ordinance, upon IN which THERE is conducted LOCATED one or 5,180
more commercial or industrial activities, and. SUCH AREA MAY 5,181
ALSO INCLUDE the lands along the highway for a distance of eight 5,183
hundred fifty feet immediately adjacent to such activities. All 5,184
measurements THIS DISTANCE shall be MEASURED from the buildings, 5,185
parking lots, storage or processing areas of the activities, and 5,186
shall be measured along or parallel to the near edge of the main 5,187
traveled way of the highway. Unzoned commercial or industrial 5,188
areas THIS DISTANCE shall not include land on the opposite side 5,190
of the highway from such activities, nor land predominantly used 5,191
for residential purposes. AN AREA SHALL BE CONSIDERED 5,192
PREDOMINATELY RESIDENTIAL IF FIFTY PER CENT OR MORE OF THE EIGHT 5,193
HUNDRED FEET IMMEDIATELY ADJACENT TO THE ACTIVITIES CONTAINS LAND 5,194
USED AS RESIDENTIAL PROPERTY. Each side of the highway will be 5,195
considered separately in applying this definition. As used in 5,196
this section "commercial
(J) "COMMERCIAL or industrial activities" means those 5,199
activities generally recognized as commercial or industrial by 5,200
zoning authorities of this state, except that none of the. THE 5,201
following activities shall NOT be considered commercial or 5,203
industrial:
(1) Outdoor ACTIVITIES RELATING TO advertising structures; 5,205
(2) Agricultural, forestry, ranching, grazing, farming, 5,207
and related activities, including, but not limited to, ACTIVITIES 5,208
RELATING TO wayside fresh produce stands; 5,210
(3) Transient or temporary activities; 5,212
(4) Activities not visible from the main traveled way; 5,214
(5) Activities LOCATED more than six hundred sixty feet 5,216
from the nearest edge of the right-of-way; 5,217
(6) Activities conducted in a building principally used as 5,219
a residence; 5,220
(7) Railroad ACTIVITIES RELATING TO RAILROAD tracks and 5,222
126
minor sidings; 5,223
(8) Highways ACTIVITIES RELATING TO HIGHWAYS, roads, and 5,225
streets. 5,226
(K) "DIRECTIONAL AND OFFICIAL SIGNS AND NOTICES" MEANS 5,228
THOSE SIGNS AND NOTICES THAT ARE REQUIRED OR AUTHORIZED BY LAW 5,229
AND CONFORM TO THE RULES FOR SUCH SIGNS AND NOTICES AS ADOPTED BY 5,230
THE DIRECTOR IN ACCORDANCE WITH 23 C.F.R. 750.151 TO 750.155. 5,231
(L) "NONCONFORMING ADVERTISING DEVICE" MEANS AN 5,233
ADVERTISING DEVICE THAT WAS: 5,234
(1) LAWFULLY IN EXISTENCE PRIOR TO DECEMBER 7, 1971; 5,236
(2) LAWFULLY ON ANY HIGHWAY MADE A PART OF THE INTERSTATE 5,238
SYSTEM OR PRIMARY HIGHWAY SYSTEM ON OR AFTER DECEMBER 7, 1971; 5,239
(3) LAWFULLY ERECTED PRIOR TO ANY REVISION IN THE LAW 5,241
EFFECTIVE DECEMBER 7, 1971; OR 5,242
(4) LAWFULLY ERECTED BUT: 5,244
(a) NO LONGER IN COMPLIANCE WITH THE PROVISIONS OF STATE 5,246
LAW ENACTED OR RULES ADOPTED AT A LATER DATE; OR 5,247
(b) NO LONGER IN COMPLIANCE WITH STATE LAWS OR RULES DUE 5,249
TO CHANGED CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ZONING 5,250
CHANGES, HIGHWAY RELOCATION, HIGHWAY RECLASSIFICATION, OR CHANGES 5,251
IN RESTRICTIONS ON SIZING, LIGHTING, SPACING, OR DISTANCE OF 5,252
ADVERTISING DEVICES.
ILLEGALLY ERECTED OR MAINTAINED ADVERTISING DEVICES ARE NOT 5,254
NONCONFORMING SIGNS. 5,255
(M) "SCENIC BYWAY" MEANS ANY LINEAR TRANSPORTATION 5,257
CORRIDOR AS DESIGNATED OR AS MAY HEREAFTER BE SO DESIGNATED BY 5,258
THE DIRECTOR UNDER THE OHIO SCENIC BYWAYS PROGRAM AS HAVING 5,259
OUTSTANDING SCENIC QUALITIES.
(N) "DIRECTOR" MEANS THE DIRECTOR OF THE OHIO DEPARTMENT 5,261
OF TRANSPORTATION. 5,262
(O) "COMMERCIAL OR INDUSTRIAL ZONE" MEANS THOSE AREAS 5,264
ESTABLISHED BY ANY STATE, COUNTY, MUNICIPAL, OR OTHER LOCAL 5,265
ZONING AUTHORITY AS BEING MOST APPROPRIATE FOR BUSINESS, 5,266
COMMERCE, INDUSTRY, OR TRADE. ANY ACTION TAKEN BY A STATE, 5,267
127
COUNTY, MUNICIPAL, OR OTHER LOCAL ZONING AUTHORITY THAT IS NOT
PART OF COMPREHENSIVE ZONING AND IS CREATED PRIMARILY TO PERMIT 5,268
OUTDOOR ADVERTISING DEVICES SHALL NOT BE CONSIDERED A COMMERCIAL 5,269
OR INDUSTRIAL ZONE FOR PURPOSES OF THIS CHAPTER. 5,270
Sec. 5516.02. No advertising device shall be erected or 5,279
maintained within six hundred sixty feet of the edge of the 5,281
right-of-way of a highway on the interstate system except the 5,283
following: 5,284
(A) Directional or other AND official signs or AND notices 5,287
that are required or authorized by law CONFORM TO RULES ADOPTED 5,288
BY THE DIRECTOR OF TRANSPORTATION; 5,289
(B) Signs advertising the sale or lease of the property 5,291
upon which they are located; 5,292
(C) Advertising devices indicating the name of the 5,294
business or profession conducted on such property or which THAT 5,295
identify the goods produced, sold, or services rendered on such 5,296
property, AND THAT CONFORM TO RULES ADOPTED BY THE DIRECTOR; 5,297
(D) Advertising devices which THAT are located in 5,299
commercial or industrial zones traversed by segments of the 5,300
interstate system within the boundaries of incorporated 5,301
municipalities A MUNICIPAL CORPORATION as such boundaries existed 5,303
on September 21, 1959, which AND THAT conform to regulations 5,305
promulgated RULES ADOPTED by the director of transportation, 5,306
provided that no such sign or notice shall be erected or 5,307
maintained until a permit is obtained as provided in section 5,308
5516.10 of the Revised Code. 5,309
Sec. 5516.03. The director of transportation shall 5,318
promulgate ADOPT, AMEND, and enforce regulations RULES, 5,320
consistent with THE CUSTOMARY USE OF OUTDOOR ADVERTISING, the 5,321
safety of the traveling public, and consistent with the national 5,323
policy, governing any or all aspects of the advertising devices 5,325
erected or maintained within six hundred sixty feet of the edge
of the right-of-way of a highway on the interstate system and 5,326
coming within the exceptions contained in section 5516.02 of the 5,327
128
Revised Code AS ARE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS 5,328
CHAPTER. SUCH RULES MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, 5,329
SIZING, LIGHTING, SPACING, AND SUCH OTHER CONDITIONS AS MAY BE 5,330
NECESSARY TO PROMOTE THE SAFETY OF THE TRAVELING PUBLIC AND 5,331
EFFECT THE NATIONAL POLICY. THE RULES SHALL BE IN ADDITION TO 5,332
THE PROVISIONS OF MUNICIPAL ORDINANCES REGULATING ADVERTISING
DEVICES AND SHALL NOT INVALIDATE THE PROVISIONS OF ANY MUNICIPAL 5,333
ORDINANCE THAT ARE EQUIVALENT TO AND CONSISTENT WITH THE RULES 5,334
ADOPTED BY THE DIRECTOR UNDER THIS SECTION. The director shall 5,337
furnish a copy of such regulations RULES, without charge, to any 5,338
person making a request therefor. 5,339
The director may adopt such amendments to such regulations 5,341
as are necessary and consistent with public safety and which are 5,343
consistent with the national policy. 5,344
Whoever violates such regulations is in violation of 5,346
section 5516.02 of the Revised Code. 5,347
Sec. 5516.04. (A) Any advertising device which violates 5,356
sections 5516.02 and 5516.03 of the Revised Code, THAT IS LOCATED 5,357
WITHIN SIX HUNDRED SIXTY FEET OF THE EDGE OF THE RIGHT-OF-WAY OF 5,358
A HIGHWAY ON THE INTERSTATE SYSTEM, OR WITHIN SIX HUNDRED SIXTY 5,359
FEET OF THE EDGE OF THE RIGHT-OF-WAY OF A HIGHWAY ON THE PRIMARY 5,360
SYSTEM OR OUTSIDE OF AN URBAN AREA BETWEEN SIX HUNDRED SIXTY FEET 5,361
AND THREE THOUSAND FEET OF THE RIGHT-OF-WAY OF A HIGHWAY ON THE 5,362
INTERSTATE SYSTEM OR PRIMARY SYSTEM AND DOES NOT COME WITHIN ANY 5,363
OF THE EXCEPTIONS CONTAINED IN SECTION 5516.02, 5516.06, OR
5516.061 OF THE REVISED CODE OR THE RULES ADOPTED THEREUNDER, OR 5,364
THAT IS BEING MAINTAINED WITHOUT A VALIDLY ISSUED PERMIT is a 5,365
public and private nuisance, and SHALL BE REMOVED. IMMEDIATELY 5,366
UPON LEARNING OF THE EXISTENCE OF SUCH A NUISANCE, AND WITHOUT AN 5,367
ADJUDICATION, the director of transportation shall give thirty 5,369
days notice, by registered or certified mail, ISSUE AN ORDER to 5,370
the owner or lessee of the land on which such advertising device 5,371
is located, AND TO THE OWNER OF SUCH ADVERTISING DEVICE, IF 5,372
KNOWN, to remove such advertising THE device WITHIN THIRTY DAYS 5,373
129
OF THE ISSUANCE OF THE ORDER. THE ORDER SHALL BE IN WRITING AND 5,374
SHALL BE SENT BY CERTIFIED MAIL. IF THE OWNER OF THE ADVERTISING 5,375
DEVICE IS UNKNOWN, THE DIRECTOR SHALL MAKE A REASONABLE ATTEMPT 5,376
TO ASCERTAIN THE IDENTITY OF SUCH OWNER. AN ORDER ISSUED UNDER 5,377
THIS SECTION SHALL CONTAIN INFORMATION THAT SUCH ORDER MAY BE 5,378
APPEALED IN ACCORDANCE WITH SECTION 119.12 OF THE REVISED CODE.
IF AN APPEAL IS ENTERED AND REMOVAL OF THE ADVERTISING 5,380
DEVICE IS SUBSEQUENTLY AFFIRMED, THE DIRECTOR MAY IMMEDIATELY 5,381
REMOVE THE ADVERTISING DEVICE. IF NO APPEAL IS ENTERED WITHIN 5,382
THE PERIOD SPECIFIED IN SECTION 119.12 OF THE REVISED CODE, THE 5,383
DIRECTOR MAY IMMEDIATELY REMOVE THE SIGN WITHOUT FURTHER NOTICE
OR FILE A COMPLAINT IN THE COURT OF COMMON PLEAS OF THE COUNTY IN 5,384
WHICH SUCH ADVERTISING DEVICE IS LOCATED. UPON A FINDING BY THE 5,385
COURT OF COMMON PLEAS THAT A VIOLATION OF SECTIONS 5516.02 TO 5,386
5516.14 OF THE REVISED CODE EXISTS AS ALLEGED IN THE PETITION, 5,387
THE COURT SHALL ENTER AN ORDER OF ABATEMENT AGAINST THE PERSON OR
PERSONS ERECTING OR MAINTAINING SUCH ADVERTISING DEVICE, OR 5,388
AGAINST THE OWNER OR OWNERS OF THE LAND UPON WHICH SUCH 5,389
ADVERTISING DEVICE IS SITUATED.
If any such advertising device has not been removed on or 5,391
before the expiration of thirty days following the receipt of the 5,392
said notice by the owner or lessee of the land upon which the 5,393
advertising device is located, the director, or any of his duly 5,395
authorized agents, may, at his discretion, either: 5,397
(A) Remove, obliterate, or abate the advertising device. 5,399
(B) The cost of OR expense of such removal, obliteration, or 5,401
abatement, shall be paid by the director out of any appropriation 5,402
of the department of transportation available for the 5,403
establishment, using, maintaining, or repairing USE, MAINTENANCE, 5,404
OR REPAIR of highways, and the amount thereof shall be certified 5,406
to the attorney general for collection by civil action against 5,407
the person maintaining or erecting DEVICE OWNER OR THE OWNER OR 5,408
LESSEE OF THE LAND ON WHICH such advertising device IS LOCATED. 5,409
SUCH OWNERS AND LESSEES SHALL BE JOINTLY LIABLE FOR SUCH COSTS OR 5,410
130
EXPENSES.
(B) File a complaint by petition in the court of common 5,412
pleas of the county in which such advertising device is located, 5,413
and, upon a finding by the court that a violation of sections 5,414
5516.02 to 5516.04 of the Revised Code, exists as alleged in the 5,415
petition, the court shall enter an order of abatement against the 5,416
person or persons erecting or maintaining such advertising 5,417
device, or against the owner or owners of the land upon which 5,418
such advertising device is situated, as the case may be. 5,419
(C) EMPLOYEES, AGENTS, OR INDEPENDENT CONTRACTORS OF THE 5,421
DEPARTMENT OF TRANSPORTATION MAY ENTER UPON PRIVATE PROPERTY FOR 5,422
THE PURPOSE OF REMOVING ADVERTISING DEVICES IN ACCORDANCE WITH 5,423
THIS SECTION, WITHOUT INCURRING ANY LIABILITY FOR SO ENTERING. 5,424
Sec. 5516.06. No advertising device shall be erected or 5,434
maintained within six hundred sixty feet of the edge of the
right-of-way of a highway on the primary system except the 5,435
following:
(A) Directional and other official signs and notices 5,437
required or authorized by law; which signs and notices shall 5,438
include signs and notices pertaining to natural wonders, scenic 5,439
and historical attractions, which shall THAT conform to 5,440
regulations promulgated RULES ADOPTED by the director of 5,442
transportation consistent with the national policy, provided that 5,444
no such sign or notice shall be erected until a permit is 5,445
obtained as provided for in section 5516.10 of the Revised Code; 5,446
(B) Signs advertising the sale or lease of the property 5,448
upon which they are located; 5,449
(C) Advertising devices indicating the name of the 5,451
business, activities, or profession conducted on such property or 5,452
which identify the goods produced, sold, or services rendered on 5,453
such property; 5,454
(D) Precautionary signs relating to the premises; 5,456
(E) Signs, displays, or devices which locate, identify, 5,458
mark, or warn of the presence of pipe lines, utility lines, or 5,459
131
rail lines, and appurtenances thereof, including, but not limited 5,460
to, markers used in the maintenance, operation, observation, and 5,461
safety of said lines; 5,462
(F) Advertising devices located in zoned or unzoned 5,464
industrial or commercial areas adjacent to highways on the 5,465
primary system. No such advertising device in such areas shall 5,466
be erected until a permit is obtained as provided in section 5,467
5516.10 of the Revised Code THAT CONFORM TO RULES ADOPTED BY THE 5,468
DIRECTOR; 5,469
(G) Signs lawfully in existence on October 22, 1965, that 5,471
the director, subject to the approval of the secretary of the 5,472
United States department of transportation, has determined to be 5,473
landmark signs, including signs on farm structures or natural 5,474
surfaces, which are of historic or artistic significance, 5,475
provided that no such sign shall be maintained without a permit 5,476
as provided for in section 5516.10 of the Revised Code. 5,477
Sec. 5516.061. No advertising device shall be erected 5,486
outside of urban areas between six hundred sixty feet and three 5,487
thousand feet of the right-of-way of the main traveled way of a 5,488
highway on the interstate or primary system for the purpose of a 5,489
message being read IF SUCH DEVICE WOULD BE VISIBLE from such main 5,490
traveled way, except the following: 5,492
(A) Directional and other official signs and notices 5,494
required or authorized by law, which include signs and notices 5,495
pertaining to natural wonders and scenic and historical 5,496
attractions, which shall THAT conform to rules promulgated 5,497
ADOPTED by the director of transportation consistent with the 5,499
national policy, provided that no such sign or notice shall be 5,500
erected until a permit is obtained as provided for in section 5,501
5516.10 of the Revised Code; 5,502
(B) Signs advertising the sale or lease of the property 5,504
upon which they are located; 5,505
(C) Advertising devices indicating the name of the 5,507
business, activities, or profession conducted on such property or 5,508
132
which identify the goods produced, sold, or services rendered on 5,509
such property; 5,510
(D) Signs lawfully in existence on October 22, 1965, that 5,512
the director, subject to the approval of the secretary of the 5,513
United States department of transportation, has determined to be 5,514
landmark signs, including signs on farm structures or natural 5,515
surfaces, which are of historic or artistic significance, 5,516
provided that no such sign shall be maintained without a permit 5,517
as provided for in section 5516.10 of the Revised Code. 5,518
No advertising device or series of devices erected outside 5,520
of urban areas and beyond three thousand feet of the right-of-way 5,521
of the main traveled way of a highway on the interstate or 5,522
primary system for the purpose of a message being read from the 5,523
main traveled way shall exceed one hundred fifty square feet in 5,524
area. For purposes of this section, a series of devices 5,525
conveying a single message shall not have a combined area in 5,526
excess of one hundred fifty square feet in area. 5,527
Any advertising device lawfully in existence prior to the 5,529
effective date of this section NOVEMBER 28, 1975, or lawfully on 5,531
any highway made a part of the interstate or primary system on or 5,532
after this THAT date, the erection of which would be illegal 5,534
under this section, is nonconforming, and may be maintained 5,535
subject to the permit provisions of section 5516.10 of the 5,536
Revised Code until ordered removed under section 5516.08 of the 5,537
Revised Code.
As used in this section, "urban area" means an urbanized 5,539
area or an urban place as designated by the bureau of the census 5,540
having a population of five thousand or more, and within 5,541
boundaries approved by the U.S. UNITED STATES secretary of 5,543
transportation.
Sec. 5516.07. Any advertising device lawfully in existence 5,552
prior to December 7, 1971, or lawfully on any highway made a part 5,553
of the interstate or primary system on or after December 7, 1971, 5,554
the erection of which would be illegal under division (D) of 5,555
133
section 5516.02 and section 5516.06 of the Revised Code, is 5,556
nonconforming. Any such nonconforming advertising device located 5,557
within zoned or unzoned commercial or industrial areas may be 5,558
maintained and shall not be ordered removed by the director of 5,559
transportation or, except upon the payment of compensation as 5,560
provided in division (A) of section 5516.08 of the Revised Code, 5,561
by a state, county, or local zoning authority, but such 5,562
advertising devices are subject to the permit provisions of 5,563
section 5516.10 of the Revised Code. All other nonconforming 5,564
advertising devices may SHALL be maintained, subject to the 5,565
permit provisions of section SECTIONS 5516.10 AND 5516.12 of the 5,568
Revised Code, until ordered removed under section 5516.08 of the 5,569
Revised Code.
The director shall not require the removal of any 5,571
advertising device for which federal reimbursement is 5,572
contemplated pursuant to subsection (g), 89 Stat. 2700 (1978), 23 5,573
U.S.C.A. 131, nor approve any application for reimbursement made 5,574
under division (C) of section 5516.08 of the Revised Code, 5,575
unless, until, and to the extent that federal funds for the 5,576
federal share of compensation therefor have been appropriated by 5,577
the federal government and made available to the director for 5,578
such purposes. 5,579
Sec. 5516.08. (A) The director of transportation, or a 5,588
state, county, MUNICIPAL, or OTHER local zoning authority, may 5,590
order the removal of NONCONFORMING advertising devices that are 5,591
nonconforming in accordance with LAWFULLY MAINTAINED PURSUANT TO 5,592
section 5516.07 of the Revised Code, or with UNDER a zoning 5,593
ordinance or regulation, and each. EACH such removal of an 5,595
advertising device ordered by the director or zoning authority 5,597
shall be deemed to constitute a taking of all right, title, and 5,598
interest in such advertising device, including any leasehold 5,599
interest, of the owner of the advertising device and of the right 5,600
of the owner of the real property on which the advertising device 5,601
is located to erect and maintain such advertising device thereon. 5,602
134
The director or zoning authority shall pay JUST compensation for 5,603
all such interests in any such taking, in the same manner as 5,604
other property is acquired pursuant to Chapter 163. of the 5,605
Revised Code, notwithstanding the right or obligation of the 5,606
owner of such advertising device, as against the owner of the 5,607
real property on which the advertising device is located, to 5,608
remove such device at any time. THE DIRECTOR, OR A STATE, 5,609
COUNTY, MUNICIPAL, OR OTHER LOCAL ZONING AUTHORITY IS AUTHORIZED 5,610
TO ACQUIRE BY GIFT, PURCHASE, OR APPROPRIATION, DEVICES ORDERED 5,611
REMOVED UNDER THIS SECTION.
If the director or zoning authority and any such owner of a 5,613
compensable right or interest under this section do not reach 5,614
agreement as to the amount of compensation to be paid for the 5,615
taking of such right or interest, the director or zoning 5,616
authority shall institute an action to appropriate the interest 5,617
of such person in accordance with Chapter 163. of the Revised 5,618
Code. In any such action, loss of business shall not be 5,619
considered an item of compensable damages. 5,620
Neither the director nor a state, county, MUNICIPAL, or 5,622
OTHER local zoning authority shall enter upon any property 5,624
pursuant to a removal order to cause the physical removal of any 5,625
NONCONFORMING advertising device, for which an owner is entitled 5,627
to JUST compensation, until the owner and the director or zoning 5,628
authority have reached agreement as to the compensation to be 5,629
paid or until the compensation proposed to be paid by the 5,630
director or zoning authority has been deposited pursuant to 5,631
section 163.06 of the Revised Code.
(B) The DIRECTOR SHALL NOT ORDER THE REMOVAL OF ANY 5,634
ADVERTISING DEVICE FOR WHICH FEDERAL REIMBURSEMENT IS 5,635
CONTEMPLATED PURSUANT TO 23 U.S.C.A. 131(g), NOR APPROVE ANY 5,636
APPLICATION FOR REIMBURSEMENT MADE UNDER DIVISION (C) OF THIS 5,637
SECTION, UNLESS AND UNTIL FEDERAL FUNDS FOR THE FEDERAL SHARE OF 5,638
COMPENSATION THEREFOR HAVE BEEN APPROPRIATED BY THE FEDERAL 5,639
GOVERNMENT AND MADE AVAILABLE TO THE DIRECTOR FOR SUCH PURPOSES.
135
THE director shall provide by regulation RULE for the making of 5,642
reimbursements to state, county, MUNICIPAL, and OTHER local 5,643
zoning authorities for the removal of NONCONFORMING advertising 5,644
devices for which federal reimbursement is contemplated pursuant 5,646
to subsection (g), 89 Stat. 2700 (1978), 23 U.S.C.A. 131. 5,647
(C) No state, county, MUNICIPAL, or OTHER local zoning 5,649
authority shall be reimbursed by the director for the removal of 5,651
any NONCONFORMING advertising device as provided in this section 5,653
unless the zoning authority, prior to such removal, makes 5,654
application for reimbursement to the director and the director 5,655
approves the application. The application shall include such 5,656
information as the director requires by regulation RULE. 5,657
Sec. 5516.09. UNLESS OTHERWISE PROVIDED BY LAW, BOTH OF 5,659
THE FOLLOWING ARE PROHIBITED: 5,660
(A) THE USE OF THE RIGHT-OF-WAY OF A LIMITED ACCESS 5,662
HIGHWAY FOR CONSTRUCTION, MAINTENANCE, OR COPY CHANGE OF A LAWFUL 5,663
ADVERTISING DEVICE;
(B) THE USE OF THE RIGHT-OF-WAY OF ANY HIGHWAY OTHER THAN 5,665
A LIMITED ACCESS HIGHWAY TO CONSTRUCT, MAINTAIN, OR SERVICE A 5,667
LAWFUL ADVERTISING DEVICE WITHOUT THE WRITTEN PERMISSION OF THE 5,668
APPROPRIATE DISTRICT OFFICE OF THE DEPARTMENT OF TRANSPORTATION. 5,669
Sec. 5516.10. (A) No private off-premise advertising 5,678
device shall be erected or a conforming advertising device 5,679
maintained within the areas covered by divisions (A) and (D) of 5,680
section 5516.02 and divisions (A) and (F) of section 5516.06 of 5,681
the Revised Code without a permit. No nonconforming advertising 5,682
device may be maintained without a permit, except that permits 5,683
shall be issued to maintain nonconforming advertising devices 5,684
subject to the limitations set forth in section 5516.07 of the 5,685
Revised Code. If such a permit has been previously issued by a 5,686
municipal authority, a copy thereof may be furnished to the 5,687
director of transportation in lieu of securing a new permit as 5,688
required by this section PERSON SHALL DO EITHER OF THE FOLLOWING 5,689
WITHOUT FIRST OBTAINING A PERMIT AND PERMIT PLATES FROM THE 5,690
136
DIRECTOR:
(1) ERECT, USE, MAINTAIN, OPERATE, CONSTRUCT, OR CAUSE OR 5,692
PERMIT TO BE ERECTED, USED, MAINTAINED, OPERATED, OR CONSTRUCTED, 5,693
ANY ADVERTISING DEVICE LOCATED IN: 5,694
(a) COMMERCIAL OR INDUSTRIAL ZONES TRAVERSED BY SEGMENTS 5,696
OF THE INTERSTATE SYSTEM WITHIN THE BOUNDARIES OF A MUNICIPAL 5,697
CORPORATION AS SUCH BOUNDARIES EXISTED ON SEPTEMBER 21, 1959; OR 5,698
(b) LOCATED IN ZONED OR UNZONED INDUSTRIAL OR COMMERCIAL 5,700
AREAS ADJACENT TO HIGHWAYS ON THE PRIMARY SYSTEM; OR 5,701
(2) MAINTAIN ANY NONCONFORMING ADVERTISING DEVICE. 5,703
(B) Applications for such permits A PERMIT shall be made 5,705
to the director or, within a municipal corporation, to the 5,706
municipal authority designated by its legislative authority, and 5,707
permits authorized herein shall not unreasonably be withheld, 5,708
provided that no permit for the erection of an advertising device 5,709
under division (A) of section 5516.02 or division (A) of section 5,710
5516.06 of the Revised Code shall be issued by a municipal 5,711
authority without the prior approval of the director. The 5,712
applications and permits shall be on forms designated by the 5,713
director, and a copy of any such permits issued by a municipal 5,714
corporation shall be furnished to the director prior to its 5,715
effective date. The director or municipal authority may make a 5,716
charge for any advertising device permit issued under authority 5,717
of this section, such charge to be based on the reasonable cost 5,718
of administering and processing such permits. However, the 5,719
director may not make a charge for any advertising device permit 5,720
for an advertising device maintained or erected within the areas 5,721
covered by division (A) of section 5516.02 or division (A) of 5,722
section 5516.06 of the Revised Code ON FORMS PRESCRIBED BY THE 5,724
DIRECTOR, AND A SEPARATE APPLICATION MUST BE SUBMITTED FOR EACH 5,725
SIGN FACE. THE DIRECTOR SHALL ADOPT RULES SETTING FORTH THE 5,726
REQUIREMENTS FOR COMPLETION OF THE APPLICATION PROCESS AND THE 5,727
ISSUANCE OF PERMITS CONSISTENT WITH THE PROVISIONS OF THIS 5,728
SECTION.
137
(1) AS PART OF THE APPLICATION PROCESS, THE DIRECTOR MAY 5,730
REQUIRE AN ACKNOWLEDGMENT TO BE SIGNED BY THE OWNER OR PERSON IN 5,731
LAWFUL POSSESSION OR CONTROL OF THE PROPOSED LOCATION OF THE 5,732
ADVERTISING DEVICE. SUCH ACKNOWLEDGMENT MAY INCLUDE, BUT SHALL 5,733
NOT BE LIMITED TO, A STATEMENT THAT THE APPLICANT HAS THE RIGHT 5,734
TO OCCUPY THE LAND AT THE SUBJECT LOCATION, THAT IF AT ANY TIME 5,735
REMOVAL IS REQUIRED, THE OWNER OR PERSON IN LAWFUL POSSESSION OR
CONTROL OF THE LOCATION MAY BE JOINTLY LIABLE, AND THAT THE 5,736
APPLICANT MAY ONLY OCCUPY THE LAND FOR A SPECIFIED TIME PERIOD. 5,737
IF LEGAL USE OF THE LOCATION IS TERMINATED AT ANY TIME DURING THE 5,738
PERMIT PERIOD, THE PERMIT IS SUBJECT TO CANCELLATION PURSUANT TO 5,739
SECTION 5516.12 OF THE REVISED CODE.
(2) AS PART OF THE APPLICATION PROCESS, THE DIRECTOR MAY 5,741
REQUIRE AN APPLICANT OR THE APPLICANT'S AUTHORIZED REPRESENTATIVE 5,742
TO CERTIFY IN A NOTARIZED SIGNED STATEMENT THAT THE APPLICANT HAS 5,743
NOT KNOWINGLY PROVIDED MATERIALLY FALSE, MISLEADING, OR 5,744
INACCURATE INFORMATION. 5,745
(3) EACH APPLICATION SHALL BE ACCOMPANIED BY THE 5,747
APPROPRIATE APPLICATION FEE AS SET FORTH IN THE FEE SCHEDULE 5,748
ESTABLISHED BY THE DIRECTOR. SUCH FEE SCHEDULE SHALL BE BASED ON 5,749
THE REASONABLE COST OF ADMINISTERING AND PROCESSING SUCH PERMITS. 5,750
APPLICATION FEES SHALL BE NONREFUNDABLE.
(4) APPLICATIONS FOR PERMITS WILL BE DISAPPROVED AND 5,752
PERMITS WILL NOT BE ISSUED UNDER ANY OF THE FOLLOWING CONDITIONS: 5,753
(a) THE PROPOSED LOCATION FOR AN ADVERTISING DEVICE IS NOT 5,755
VISIBLE FROM THE MAIN TRAVELED PORTION OF THE HIGHWAY DUE TO 5,756
EXISTING LANDSCAPING ON THE RIGHT-OF-WAY OF ANY HIGHWAY; 5,757
(b) THE ADVERTISING DEVICE CAN ONLY BE ERECTED OR 5,759
MAINTAINED FROM THE RIGHT-OF-WAY OF AN INTERSTATE OR PRIMARY 5,760
HIGHWAY SYSTEM;
(c) THE PROPOSED LOCATION FOR THE ADVERTISING DEVICE IS ON 5,762
LAND THAT IS USED PRINCIPALLY AS A RESIDENCE. 5,763
(C) The issuance of a permit under this section shall not 5,765
be construed to invalidate municipal ordinances requiring a 5,766
138
permit or license or providing for an inspection fee for 5,767
advertising devices, or regulating such advertising devices. The 5,768
cost of THE APPLICATION FEE FOR SUCH permits or licenses issued, 5,769
or THE COST OF INITIAL inspection fees charged under municipal 5,771
ordinances shall be credited against and shall reduce the cost of 5,772
the permit issued BY THE DIRECTOR under this section. IF A
PERMIT IS ISSUED BY A ZONING AUTHORITY PURSUANT TO ITS 5,773
ORDINANCES, RULES, OR REGULATIONS CONTROLLING OUTDOOR ADVERTISING 5,774
DEVICES, A COPY THEREOF SHALL BE FURNISHED TO THE DIRECTOR WITH 5,775
ANY APPLICATION FOR A NEW PERMIT REQUIRED BY THIS SECTION OR 5,777
WITHIN THIRTY DAYS OF ITS ISSUANCE BY A ZONING AUTHORITY.
(D) WHERE AN APPLICATION IS SUBMITTED FOR THE ERECTION, 5,779
USE, MAINTENANCE, OPERATION, OR CONSTRUCTION OF AN ADVERTISING 5,780
DEVICE, THE DIRECTOR MAY CONDITIONALLY APPROVE SUCH APPLICATION 5,781
AS TO LOCATION ONLY, AND FINAL APPROVAL WILL REMAIN PENDING UNTIL 5,782
THE ADVERTISING DEVICE IS ERECTED, USED, MAINTAINED, CONSTRUCTED, 5,783
OR BECOMES OPERATIONAL. UPON NOTIFICATION BY THE PERMIT 5,784
APPLICANT THAT THE ERECTION, USE, MAINTENANCE, CONSTRUCTION, OR
OPERATION OF THE ADVERTISING DEVICE IS COMPLETED, THE DIRECTOR 5,785
SHALL VERIFY THAT THE ADVERTISING DEVICE COMPLIES WITH THE TERMS 5,786
AND CONDITIONS OF THE CONDITIONAL PERMIT. UPON VERIFICATION OF 5,787
COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE CONDITIONAL 5,789
PERMIT, THE DIRECTOR MAY APPROVE AND ISSUE A PERMIT AND PERMIT 5,790
PLATES WHICH SHALL BE SECURELY AND PERMANENTLY ATTACHED IN THE
CORNER OF THE FACE OF THE ADVERTISING DEVICE NEAREST TO THE 5,791
HIGHWAY IN SUCH A MANNER AS TO BE VISIBLE FROM THE MAIN TRAVELED 5,792
WAY OF THE INTERSTATE OR PRIMARY HIGHWAY SYSTEM. REPLACEMENT 5,793
PLATES MAY BE ISSUED UPON REQUEST AND UPON THE PAYMENT OF A 5,794
REPLACEMENT FEE TO BE DETERMINED BY THE DIRECTOR.
(E) ALL PERMITS ISSUED PURSUANT TO THIS SECTION SHALL BE 5,796
IN EFFECT FOR A PERIOD OF ONE YEAR. PERMITS MAY BE RENEWED UPON 5,797
APPLICATION MADE ON FORMS DESIGNATED BY THE DIRECTOR AND UPON THE 5,798
PAYMENT OF A NONREFUNDABLE RENEWAL FEE IN AN AMOUNT TO BE 5,799
DETERMINED BY THE DIRECTOR BASED ON THE REASONABLE COST OF 5,800
139
ADMINISTERING AND PROCESSING SUCH RENEWAL PERMITS. ANY PERMITS 5,801
THAT ARE NOT RENEWED, AND ANY PERMIT PLATES ISSUED IN CONNECTION
WITH SUCH PERMITS, SHALL BE RETURNED TO THE DIRECTOR FOR 5,802
CANCELLATION BY THE EXPIRATION DATE. THE DIRECTOR MAY ADOPT 5,803
RULES FOR THE REINSTATEMENT OF PERMITS CANCELED AS A RESULT OF 5,804
NONPAYMENT OF RENEWAL FEES, AND SHALL DEVELOP A FEE SCHEDULE FOR 5,805
LATE RENEWALS.
(F) WHERE THE DIRECTOR CONDITIONALLY APPROVES THE ISSUANCE 5,807
OF A PERMIT AS TO LOCATION ONLY AND THE PERMIT APPLICANT FAILS TO 5,808
EXERCISE THE PRIVILEGE OF CONSTRUCTING, ERECTING, USING, 5,809
OPERATING, OR MAINTAINING AN ADVERTISING DEVICE WITHIN THE PERIOD 5,810
FOR WHICH THE PERMIT WAS ISSUED, SUCH PERMIT SHALL NOT BE RENEWED 5,811
UNLESS A RENEWAL FEE IS PAID TO EXTEND THE PRIVILEGE FOR ONE 5,812
ADDITIONAL PERMIT PERIOD. NO CONDITIONAL PERMIT SHALL BE RENEWED 5,813
AND NO EXTENSIONS SHALL BE GRANTED AFTER THE SECOND RENEWAL 5,814
PERIOD.
(G) PERMITS FOR ADVERTISING DEVICES ERECTED AND MAINTAINED 5,816
WITH A VALID PERMIT ISSUED BEFORE JULY 1, 1997, MAY BE RENEWED 5,817
UNLESS THE DIRECTOR FINDS THAT THE PERMIT APPLICATION CONTAINS 5,818
MATERIALLY FALSE, MISLEADING, OR INACCURATE INFORMATION OR THE 5,819
SIGN HAS BEEN ERECTED OR MAINTAINED CONTRARY TO THE PROVISIONS OF 5,820
THIS CHAPTER OR THE RULES ADOPTED THEREUNDER, AND IN SUCH EVENT 5,821
THE DIRECTOR MAY TAKE APPROPRIATE ACTION PURSUANT TO SECTION 5,822
5516.12 OF THE REVISED CODE. AN APPLICANT WHO HAS A CONDITIONAL
PERMIT ISSUED BY THE DIRECTOR BEFORE THE EFFECTIVE DATE OF THIS 5,823
AMENDMENT AND WHO HAS NOT YET EXERCISED THE PRIVILEGE OF 5,825
CONSTRUCTING, USING, OPERATING, ERECTING, OR MAINTAINING AN 5,826
ADVERTISING DEVICE AT THE PROPOSED LOCATION AS OF THAT EFFECTIVE 5,827
DATE, SHALL HAVE UNTIL DECEMBER 31, 1997, TO COMPLY WITH THE 5,828
TERMS AND CONDITIONS OF THE CONDITIONAL PERMIT OR SUCH PERMIT 5,829
SHALL BE CANCELED. HOWEVER, THE APPLICANT MAY REQUEST THAT THE 5,831
CONDITIONAL PERMIT BE RENEWED BY SUBMITTING A RENEWAL APPLICATION
AND PAYING A NONREFUNDABLE RENEWAL FEE TO EXTEND THE PRIVILEGE 5,832
FOR ONE ADDITIONAL PERMIT PERIOD. 5,833
140
(H) PERMITS MAY BE TRANSFERRED FROM ONE SIGN OWNER TO 5,835
ANOTHER UPON WRITTEN ACKNOWLEDGMENT FROM THE CURRENT PERMITTEE 5,836
AND THE PAYMENT OF A TRANSFER FEE IN AN AMOUNT TO BE DETERMINED 5,837
BY THE DIRECTOR FOR EACH PERMIT TO BE TRANSFERRED. THE NEW 5,838
PERMIT HOLDER IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF THE 5,839
PRIOR PERMIT HOLDER AND SHALL BE SUBJECT TO ALL PROVISIONS OF 5,840
THIS CHAPTER AND THE RULES ADOPTED THEREUNDER.
Sec. 5516.11. THIS CHAPTER DOES NOT AFFECT THE AUTHORITY 5,849
OF A STATE, COUNTY, MUNICIPAL, OR OTHER LOCAL ZONING AUTHORITY TO 5,851
ZONE AREAS FOR COMMERCIAL OR INDUSTRIAL PURPOSES UNDER ITS
RESPECTIVE ZONING LAWS. Whenever a state, county, MUNICIPAL, or 5,853
OTHER local zoning authority has ADOPTED COMPREHENSIVE ZONING AND 5,854
established RULES AND regulations that control CONTROLLING the 5,855
size, lighting, and spacing of outdoor advertising devices, THAT 5,856
are EQUIVALENT TO AND consistent with the intent of this act, and 5,857
are part of a bona fide commercial and industrial zoning plan 5,858
CHAPTER, such RULES AND regulations will be accepted in lieu of 5,859
the controls provided in division (D) of section 5516.02 and in 5,860
sections 5516.06 and 5516.09 SECTION 5516.061 of the Revised Code 5,862
in the zoned commercial and industrial areas ZONES within the 5,863
geographical jurisdiction of such authority.
Whenever a zoning authority establishes such NEW 5,865
COMPREHENSIVE ZONING RULES OR regulations, a copy thereof shall 5,867
be furnished to the director of transportation within thirty days 5,868
after its passage.
Chapter 5516. of the Revised Code shall not be construed to 5,870
allow the erection of an advertising device in an area zoned BY 5,871
STATE, COUNTY, MUNICIPAL, OR OTHER LOCAL AUTHORITIES to exclude 5,872
such devices.
Sec. 5516.12. Any advertising device that violates 5,882
sections 5516.06 to 5516.13 of the Revised Code is a public and 5,883
private nuisance and the THE director of transportation MAY 5,884
DISAPPROVE, CANCEL, OR REVOKE ANY PERMIT REQUESTED OR ISSUED 5,885
UNDER THIS CHAPTER IF THE DIRECTOR DETERMINES ANY OF THE 5,886
141
FOLLOWING:
(A) THAT THE APPLICATION FOR THE PERMIT CONTAINS 5,888
MATERIALLY FALSE, MISLEADING, OR INACCURATE INFORMATION; 5,889
(B) AN ADVERTISING DEVICE HAS BEEN ERECTED OR MAINTAINED 5,891
CONTRARY TO THE TERMS AND CONDITIONS OF THE PERMIT; 5,892
(C) THE REQUIRED FEE HAS NOT BEEN PAID; 5,894
(D) THAT THE LOCATION DOES NOT CONFORM TO THE LAWS AND 5,896
RULES OF THE STATE; 5,897
(E) THAT ANY OTHER PROVISIONS OF THIS CHAPTER OR THE RULES 5,899
ADOPTED THEREUNDER HAVE BEEN VIOLATED. 5,900
THE DIRECTOR shall give thirty days' notice, by certified 5,903
mail, to the owner or lessee of the land on which such 5,904
advertising device is located and to the owner of such 5,905
advertising device, if known, to remove such advertising device, 5,906
or to cause it to conform to the requirements of this chapter. 5,907
If the owner of such advertising device is unknown, the director 5,908
shall make a reasonable attempt to ascertain the identity of such 5,909
owner.
If any such advertising device has not been removed or 5,911
caused to be conformed on or before the expiration of thirty days 5,912
following the receipt of said notice by the owner or lessee of 5,913
the land upon which the advertising device is located and the 5,914
owner of the advertising device, if known, the director, or any 5,915
of his duly authorized agents, may, at his discretion, either: 5,917
(A) Remove, obliterate, or abate the advertising device. 5,919
The cost or expense of such removal, obliteration, or abatement 5,920
shall be paid by the director out of any appropriation of the 5,921
department of transportation available for the establishment, 5,922
using, maintaining, or repairing of highways and the amount 5,923
thereof shall be certified to the attorney general for collection 5,924
by civil action against the person maintaining or erecting such 5,925
advertising device. 5,926
(B) File a complaint by petition in the court of common 5,928
pleas of the county in which such advertising device is located, 5,929
142
and, upon a finding by the court that a violation of sections 5,930
5516.06 to 5516.13 of the Revised Code, exists as alleged in the 5,931
petition, the court shall enter an order of abatement against the 5,932
person erecting or maintaining such advertising device, or 5,933
against the owner of the land upon which such advertising device 5,934
is situated. 5,935
SUCH NOTICE MAY SPECIFY ANY REMEDIAL ACTION THAT IS 5,937
REQUIRED TO CORRECT ANY FALSE OR MISLEADING INFORMATION OR OTHER 5,938
VIOLATION OF THIS CHAPTER AND ADVISE THAT FAILURE TO TAKE THE 5,939
REMEDIAL ACTION WITHIN THIRTY DAYS MAY RESULT IN DENIAL, 5,940
CANCELLATION, OR REVOCATION OF THE PERMIT AND REMOVAL OF THE
ADVERTISING DEVICE. THE WRITTEN NOTICE SHALL FURTHER STATE THAT 5,941
THE APPLICANT, OR OWNER OF THE ADVERTISING DEVICE, OR THE OWNER 5,942
OR LESSEE OF THE LAND ON WHICH THE ADVERTISING DEVICE IS LOCATED, 5,943
HAS A RIGHT TO AN ADJUDICATION HEARING PURSUANT TO SECTION 119.06 5,944
OF THE REVISED CODE, WHICH REQUEST MUST BE FILED WITH THE 5,945
DIRECTOR WITHIN THIRTY DAYS AFTER THE RECEIPT OF THE WRITTEN
NOTICE. IF A HEARING IS REQUESTED, IT SHALL BE CONDUCTED IN 5,946
ACCORDANCE WITH THE PROVISIONS OF SECTIONS 119.01 TO 119.13 OF 5,947
THE REVISED CODE AND ANY RULES ADOPTED BY THE DIRECTOR 5,948
ESTABLISHING PROCEDURES FOR SUCH HEARINGS.
UPON THE EXPIRATION OF THE THIRTY DAYS' NOTICE, IF NO 5,950
REQUEST FOR AN ADJUDICATION HEARING HAS BEEN FILED WITH THE 5,951
DIRECTOR, THE DIRECTOR MAY DECLARE THE ADVERTISING DEVICE TO BE A 5,952
PUBLIC AND PRIVATE NUISANCE AND ORDER ITS REMOVAL. REMOVAL OF 5,953
THE ADVERTISING DEVICE SHALL PROCEED IN ACCORDANCE WITH DIVISIONS 5,954
(B) AND (C) OF SECTION 5516.04 OF THE REVISED CODE.
Sec. 5516.13. The director of transportation shall 5,964
exercise the powers and perform the duties delegated to him THE 5,965
DIRECTOR by sections 5516.06 5516.02 to 5516.13 5516.14 of the 5,968
Revised Code, in accordance with sections 119.01 to 119.04 RULES
THE DIRECTOR SHALL ADOPT UNDER CHAPTER 119. of the Revised Code. 5,970
Any person adversely affected by such an exercise of powers 5,972
or the performance of duties so delegated to the director has the 5,973
143
right of appeal provided in section 119.11 of the Revised Code. 5,974
Sec. 5516.14. THE DIRECTOR MAY ISSUE A PERMIT TO ANY SIGN 5,976
OWNER WHO HAS A LAWFUL PERMIT ISSUED PURSUANT TO SECTION 5516.10 5,977
OF THE REVISED CODE TO REMOVE, CUT, AND TRIM VEGETATION LOCATED 5,978
ON THE RIGHT-OF-WAY OF ANY HIGHWAY OF THE INTERSTATE OR PRIMARY 5,979
SYSTEM ADJACENT TO THE PERMITTED ADVERTISING DEVICE AND REPLACE 5,980
THE SAME AS DIRECTED, WHENEVER SUCH VEGETATION PREVENTS CLEAR 5,981
VISIBILITY FROM THE MAIN TRAVELED WAY OF SUCH HIGHWAY. THE 5,982
DIRECTOR SHALL ADOPT RULES FOR THE ENFORCEMENT OF THIS SECTION. 5,983
THE RULES MAY INCLUDE REQUIREMENTS FOR APPROPRIATE VEHICLE 5,985
IDENTIFICATION SIGNAGE, APPROPRIATE BOND OR INSURANCE, DISTANCE 5,986
LIMITS, AND ANY OTHER CONDITIONS AS MAY BE REQUIRED BY THE 5,987
DIRECTOR.
AN APPLICATION FOR A VEGETATION PERMIT SHALL BE MADE ON 5,989
FORMS DESIGNATED BY THE DIRECTOR AND A SEPARATE APPLICATION MUST 5,990
BE SUBMITTED FOR EACH SIGN FACE. EACH APPLICATION SHALL BE 5,991
ACCOMPANIED BY A NONREFUNDABLE APPLICATION FEE IN AN AMOUNT TO BE 5,992
DETERMINED BY THE DIRECTOR. PERMITS ISSUED HEREUNDER SHALL RUN
FOR A PERIOD OF ONE YEAR AND MAY BE RENEWED UPON APPLICATION MADE 5,993
UPON FORMS PRESCRIBED BY THE DIRECTOR AND UPON THE PAYMENT OF A 5,994
NONREFUNDABLE RENEWAL FEE IN AN AMOUNT TO BE DETERMINED BY THE 5,995
DIRECTOR. ANY PERMITS THAT ARE NOT RENEWED SHALL BE RETURNED TO 5,996
THE DIRECTOR FOR CANCELLATION BY THE EXPIRATION DATE. 5,997
THE DIRECTOR MAY MODIFY ANY VEGETATION PERMIT AS IS 5,999
CONSIDERED NECESSARY FOR THE SAFETY OF THE TRAVELING PUBLIC. THE 6,000
DIRECTOR MAY REVOKE, CANCEL, OR DISAPPROVE A PERMIT OR AN 6,001
APPLICATION PURSUANT TO SECTION 5516.12 OF THE REVISED CODE FOR
ANY VIOLATION OF THIS SECTION OR THE RULES ADOPTED THEREUNDER. 6,002
Sec. 5516.99. Whoever erects or maintains an advertising 6,011
device in violation of sections 5516.01 to 5516.13, inclusive, 6,012
5516.14 of the Revised Code, OR RULES ADOPTED THEREUNDER, shall 6,013
be fined not less than one hundred nor more than one FIVE 6,014
thousand dollars. 6,015
Sec. 5525.03. All prospective bidders other than 6,025
144
environmental remediators and specialty contractors for which 6,026
there are no classes of work provided for in the rules adopted by 6,027
the director of transportation shall apply for qualification on 6,028
forms prescribed and furnished by the director. The application 6,029
shall be accompanied by a certificate of compliance with 6,030
affirmative action programs issued pursuant to section 9.47 of 6,031
the Revised Code and dated no earlier than one hundred eighty 6,032
days prior to the date fixed for the opening of bids for a 6,033
particular project. The director shall act upon an application 6,034
for qualification within thirty days after it is presented to the 6,036
director. Upon the receipt of any application for qualification, 6,037
the director shall examine the application to determine whether 6,038
the applicant is competent and responsible and possesses the 6,039
financial resources required by section 5525.04 of the Revised 6,040
Code. If the applicant is found to possess the qualifications
prescribed by sections 5525.02 to 5525.09 of the Revised Code and 6,041
by rules adopted by the director, including a certificate of 6,042
compliance with affirmative action programs, a certificate of 6,043
qualification shall be issued to the applicant, which shall be 6,045
valid for the period of one year or such shorter period of time
as the director prescribes, unless revoked by the director for 6,046
cause as defined by rules adopted by the director under section 6,047
5525.05 of the Revised Code. The certificate of qualification 6,048
shall contain a statement fixing the aggregate amount of work, 6,049
for any or all owners, that the applicant may have under 6,050
construction and uncompleted at any one time and may contain a 6,051
statement limiting such bidder to the submission of bids upon a 6,052
certain class of work. Subject to any restriction as to amount 6,053
or class of work therein contained, the certificate of 6,054
qualification shall authorize its holder to bid on all work on 6,055
which bids are taken by the department of transportation during 6,056
the period of time therein specified. An applicant who has 6,057
received a certificate of qualification and desires to amend the 6,058
certificate by the dollar amount or by the classes of work may 6,059
145
submit to the director such documentation as the director 6,060
considers appropriate. The director shall review the 6,061
documentation submitted by the applicant and, within fifteen 6,062
days, shall either amend the certificate of qualification or deny 6,063
the request. If the director denies the request to amend the 6,064
certificate, the applicant may appeal that decision to the 6,065
director's prequalification review board in accordance with 6,066
section 5525.07 of the Revised Code. Two or more persons, 6,068
partnerships, or corporations may bid jointly on any one project, 6,069
but only on condition that prior to the time bids are taken on 6,070
the project the bidders make a joint application for 6,071
qualification and obtain a joint certificate qualification. 6,072
A certificate of qualification may be revoked by the 6,074
director only after notice to the qualified bidder and an 6,075
opportunity to be heard, which notice and hearing shall be in 6,076
accordance with Chapter 119. of the Revised Code. The notice 6,077
shall be in writing and state the grounds of the proposed 6,078
revocation. An qualified bidder, aggrieved by the decision of 6,079
the director upon the matter of revoking the bidder's 6,080
certificate, may appeal from that decision in the manner provided 6,081
by Chapter 119. of the Revised Code. 6,082
The director may debar from participating in future 6,084
contracts with the department any bidding company as well as any 6,085
partner of a partnership, or the officers and directors of an 6,086
association or corporation if the certificate of qualification of 6,087
the company, partnership, association, or corporation is revoked 6,088
or not renewed by the director. When the director reasonably 6,091
believes that grounds for REVOCATION AND debarment exist, the 6,092
director shall send the bidding company and any individual 6,093
involved a notice of proposed REVOCATION AND debarment indicating 6,095
the grounds for debarment SUCH ACTION as established in rules 6,096
adopted by the director under section 5525.05 of the Revised Code 6,097
and the procedure for requesting a hearing. The notice and 6,099
hearing shall be in accordance with Chapter 119. of the Revised 6,101
146
Code. If the bidding company or individual does not respond with 6,102
a request for a hearing in the manner specified in Chapter 119. 6,103
of the Revised Code, the director shall REVOKE THE CERTIFICATE 6,105
AND issue the debarment decision without a hearing and shall 6,106
notify the bidding company or individual of the decision by 6,107
certified mail, return receipt requested. The debarment period 6,109
may be of any length determined by the director and the director 6,110
may modify or rescind the debarment at any time. During the 6,111
period of debarment, the director shall not issue a certificate 6,112
of qualification for any company, partnership, association, or 6,113
corporation affiliated with a debarred individual. After the 6,114
debarment period expires, the bidding company or individual, and 6,115
any partnership, association, or corporation affiliated with the 6,116
individual may make an application for qualification.
Sec. 5525.07. All applicants for qualification shall be 6,125
promptly notified by the director of transportation of the 6,126
director's final action on their applications. Any applicant, 6,127
OTHER THAN ONE WHO HAS BEEN DEBARRED, aggrieved by the decision 6,129
of the director may file a new application at any time for 6,130
qualification or, within ten days after receiving notification of 6,131
such decision, the applicant may request, in writing, a 6,132
reconsideration of the application by a prequalification review 6,133
board, which the director shall create within the department of 6,134
transportation with the request for reconsideration, the 6,135
applicant shall submit additional evidence bearing on the 6,136
applicant's qualifications. The review board shall consider the 6,137
matter and either may adhere to or modify the director's previous 6,139
decision. The review board shall act upon any request for 6,141
reconsideration within fifteen days after the hearing and shall 6,142
notify the applicant of the action taken. Upon being notified of 6,144
the final action of the review board upon reconsideration, any 6,145
applicant that is still aggrieved by the decision, within ten 6,147
days after receiving notification of the decision, may take an 6,148
appeal therefrom to the court of common pleas of Franklin county. 6,150
147
The appeal shall be perfected by the filing of a bond with the 6,152
clerk of the court of common pleas in an amount determined by the 6,153
clerk, conditioned for payment by the appellant of the costs of 6,155
the appeal in case the decision of the review board is sustained, 6,156
and by causing a summons to be served upon the review board as in 6,157
other civil actions involving the department. The grounds of 6,158
appeal shall be fraud or abuse of discretion by the review board. 6,160
The court shall hear the evidence offered by the appellant and by
the review board, and if it finds there was neither fraud nor 6,162
abuse of discretion, it shall dismiss the appeal; otherwise it 6,163
may make the order with respect to qualification which it finds 6,164
should have been made by the review board. 6,165
Sec. 5529.03. The director of transportation may acquire 6,174
by gift, purchase, or appropriation, any interest, estate, or 6,175
right in and to real property adjacent to highways of this state 6,176
as necessary for the restoration, preservation, and enhancement 6,177
of scenic beauty adjacent to said highways, or for the 6,178
establishment of publicly owned and controlled rest and 6,179
recreation areas and sanitary and other facilities within or 6,180
adjacent to the right-of-way of said highways to accommodate the 6,181
traveling public. Nothing in this section authorizes the 6,182
director to appropriate fee simple title to real property further 6,183
than three hundred feet from the nearest edge of the highway 6,184
right-of-way. 6,185
The director may convey or lease any such property adjacent 6,187
to the highway right-of-way back to its original owner or to 6,188
another ANY person or entity in the manner and subject to such 6,189
reservations, conditions, covenants, or other contractual 6,190
arrangements as THE DIRECTOR DETERMINES will preserve NOT 6,191
SUBSTANTIALLY INTERFERE WITH the scenic character or beauty of 6,192
the area traversed by the highway. 6,193
The director may employ consulting engineers and enter into 6,195
contracts for consulting engineering services with any qualified 6,196
person, firm, partnership, corporation, or association to prepare 6,197
148
plans and estimates and generally supervise the construction and 6,198
landscaping for scenic enhancement and roadside beautification 6,199
projects, and in the awarding of such contracts compliance with 6,200
sections 5501.17 and 5525.01 of the Revised Code is not required. 6,201
Sec. 5531.09. (A) The state infrastructure bank shall 6,210
consist of the highway and transit infrastructure bank fund, the 6,211
aviation infrastructure bank fund, the rail infrastructure bank 6,212
fund, and the infrastructure bank obligations fund, which are 6,213
hereby created as funds of the state treasury, to be administered 6,215
by the director of transportation and used for the purposes 6,216
described in division (B) of this section. The highway and 6,217
transit infrastructure bank fund, the aviation infrastructure 6,218
bank fund, and the rail infrastructure bank fund shall consist of 6,219
federal grants and awards or other assistance received by the 6,220
state and eligible for deposit therein under applicable federal 6,221
law, payments received by the department in connection with 6,222
providing financial assistance for qualifying projects under 6,223
division (B) of this section, and such other amounts as may be 6,224
provided by law, the. THE infrastructure bank obligations fund 6,225
shall consist of such amounts of the proceeds of obligations 6,227
issued under section 5531.10 of the Revised Code as the director 6,229
of transportation determines with the advice of the director of 6,230
budget and management; and such other amounts as may be provided 6,232
by law. The director of budget and management may, upon the 6,233
request of the director of transportation, MAY transfer amounts 6,234
between the funds created in this division, except the 6,236
infrastructure bank obligations fund. The investment earnings of 6,237
each fund created by this division shall be credited to such 6,238
fund.
(B) The director of transportation shall use the state 6,241
infrastructure bank to encourage public and private investment in 6,242
transportation facilities that contribute to the multi-modal and 6,243
intermodal transportation capabilities of the state, develop a 6,244
variety of financing techniques designed to expand the 6,245
149
availability of funding resources and to reduce direct state 6,246
costs, maximize private and local participation in financing 6,247
projects, and improve the efficiency of the state transportation 6,248
system by using and developing the particular advantages of each 6,249
transportation mode to the fullest extent. In furtherance of 6,250
these purposes, the director shall use the state infrastructure 6,251
bank to provide financial assistance to public or private 6,252
entities for qualified projects. Such assistance shall be in the 6,253
form of loans, loan guarantees, letters of credit, leases, 6,254
lease-purchase agreements, interest rate subsidies, debt service 6,256
reserves, and such other forms as the director determines to be 6,257
appropriate. All fees, charges, rates of interest, payment 6,258
schedules, security for, and other terms and conditions relating 6,259
to such assistance shall be determined by the director. The 6,260
highway and transit infrastructure bank fund, the aviation 6,261
infrastructure bank fund, and the rail infrastructure bank fund 6,262
may be used to pay debt service on obligations whose proceeds 6,263
have been deposited into the infrastructure bank obligations
fund.
(C) The director shall adopt rules establishing guidelines 6,266
necessary for the implementation and exercise of the authority 6,267
granted by this section, including rules for receiving, 6,268
reviewing, evaluating, and selecting projects for which financial 6,269
assistance may be approved. 6,270
(D) As used in this section and in section 5531.10 of the 6,273
Revised Code, "qualified project" means any public or private 6,275
transportation project as determined by the director of 6,276
transportation, including, without limitation, planning, 6,277
environmental impact studies, engineering, construction, 6,278
reconstruction, resurfacing, restoring, rehabilitation, or 6,280
replacement of public or private transportation facilities within 6,281
the state, studying the feasibility thereof, and the acquisition 6,282
of real or personal property or interests therein; any highway, 6,283
public transit, aviation, rail, or other transportation project 6,285
150
eligible for financing or aid under any federal or state program; 6,286
and any project involving the maintaining, repairing, improving, 6,287
or construction of any public or private highway, road, street, 6,288
parkway, public transit, aviation, or rail project, and any 6,290
related rights-of-way, bridges, tunnels, railroad-highway 6,291
crossings, drainage structures, signs, guardrails, or protective 6,292
structures.
(E) The general assembly finds that state infrastructure 6,294
projects, as defined in division (A)(8) of section 5531.10 of the 6,295
Revised Code, and the state infrastructure bank, will materially 6,296
contribute to the economic revitalization of areas of the state 6,297
and result in improving the economic welfare of all the people of 6,298
the state. Accordingly, it is declared to be the public purpose 6,299
of the state, through operations under sections 5531.09 and
5531.10 of the Revised Code, and other applicable laws adopted 6,300
pursuant to Section 13 of Article VIII, Ohio Constitution, and 6,301
other authority vested in the general assembly, to assist in and 6,302
facilitate the purposes set forth in division (B) of section 6,303
5531.10 of the Revised Code, and to assist and cooperate with any 6,304
governmental agency in achieving such purpose. 6,305
Sec. 5531.10. (A) As used in this chapter: 6,314
(1) "Bond proceedings" means the resolution, order, trust 6,316
agreement, indenture, lease, lease-purchase AGREEMENTS, and other 6,317
agreements, amendments and supplements to the foregoing, or any 6,319
one or more or combination thereof, authorizing or providing for 6,320
the terms and conditions applicable to, or providing for the 6,321
security or liquidity of, obligations issued pursuant to this 6,322
section, and the provisions contained in such obligations. 6,323
(2) "Bond service charges" means principal, including 6,325
mandatory sinking fund requirements for retirement of 6,326
obligations, and interest, and redemption premium, if any, 6,327
required to be paid by the state on obligations. 6,328
(3) "Bond service fund" means the applicable fund and 6,330
accounts therein created for and pledged to the payment of bond 6,331
151
service charges, which may be, or may be part of, the state 6,332
infrastructure bank revenue bond service fund created by division 6,333
(S) of this section including all moneys and investments, and 6,334
earnings from investments, credited and to be credited thereto. 6,335
(4) "Issuing authority" means the treasurer of state, or 6,337
the officer who by law performs the functions of the treasurer of 6,338
state.
(5) "Obligations" means bonds, notes, or other evidence of 6,340
obligation including interest coupons pertaining thereto, issued 6,341
pursuant to this section. 6,342
(6) "Pledged receipts" means moneys accruing to the state 6,345
from the lease, lease-purchase, sale, or other disposition, or 6,346
use, of qualified projects, and from the repayment, including 6,347
interest, of loans made from proceeds received from the sale of 6,348
obligations; accrued interest received from the sale of 6,349
obligations; income from the investment of the special funds; any 6,351
gifts, grants, donations, and pledges, and receipts therefrom, 6,352
available for the payment of bond service charges; and any
amounts in the state infrastructure bank pledged to the payment 6,353
of such charges.
(7) "Special funds" or "funds" means, except where the 6,355
context does not permit, the bond service fund, and any other 6,356
funds, including reserve funds, created under the bond 6,357
proceedings, and the state infrastructure bank revenue bond 6,358
service fund created by division (S)(R) of this section to the 6,359
extent provided in the bond proceedings, including all moneys and 6,360
investments, and earnings from investment, credited and to be 6,361
credited thereto.
(8) "STATE INFRASTRUCTURE PROJECT" MEANS ANY PUBLIC 6,363
TRANSPORTATION PROJECT UNDERTAKEN BY THE STATE, INCLUDING, BUT 6,364
NOT LIMITED TO, ALL COMPONENTS OF ANY SUCH PROJECT, AS DESCRIBED 6,365
IN DIVISION (D) OF SECTION 5531.09 OF THE REVISED CODE. 6,366
(B) The issuing authority, with the advice of AFTER GIVING 6,368
WRITTEN NOTICE TO the director of budget and management and upon 6,369
152
the certification by the director of transportation to the 6,370
issuing authority of the amount of moneys or additional moneys 6,371
needed EITHER FOR STATE INFRASTRUCTURE PROJECTS OR to provide 6,372
financial assistance for any of the purposes for which the state 6,373
infrastructure bank may be used under section 5531.09 of the 6,374
Revised Code, or needed for capitalized interest, funding 6,376
reserves, and paying costs and expenses incurred in connection 6,377
with the issuance, carrying, securing, paying, redeeming, or 6,378
retirement of the obligations or any obligations refunded 6,379
thereby, including payment of costs and expenses relating to 6,380
letters of credit, lines of credit, insurance, put agreements, 6,381
standby purchase agreements, indexing, marketing, remarketing and 6,382
administrative arrangements, interest swap or hedging agreements, 6,383
and any other credit enhancement, liquidity, remarketing, 6,384
renewal, or refunding arrangements, all of which are authorized 6,385
by this section, shall issue obligations of the state under this 6,386
section in the required amount. The proceeds of such 6,387
obligations, except for the portion to be deposited in special 6,388
funds, including reserve funds, as may be provided in the bond 6,389
proceedings, shall as provided in the bond proceedings be 6,390
credited to the INFRASTRUCTURE BANK OBLIGATIONS FUND OF THE state 6,391
infrastructure bank created by section 5531.09 of the Revised 6,393
Code. The issuing authority may appoint trustees, paying agents, 6,394
transfer agents, and authenticating agents, and may retain the 6,395
services of financial advisors, accounting experts, and 6,396
attorneys, and retain or contract for the services of marketing, 6,397
remarketing, indexing, and administrative agents, other 6,398
consultants, and independent contractors, including printing 6,399
services, as are necessary in the issuing authority's judgment to 6,400
carry out this section. The costs of such services are payable 6,401
from FUNDS OF the state infrastructure bank. 6,402
(C) The holders or owners of such obligations shall have 6,404
no right to have moneys raised by taxation by the state of Ohio 6,406
obligated or pledged, and moneys so raised shall not be obligated 6,407
153
or pledged, for the payment of bond service charges. The right 6,408
of such holders and owners to payment of bond service charges is 6,409
limited to all or that portion of the pledged receipts and those 6,410
special funds pledged thereto pursuant to the bond proceedings 6,411
for such obligations in accordance with this section, and each 6,413
such obligation shall bear on its face a statement to that 6,414
effect.
(D) Obligations shall be authorized by order of the 6,417
issuing authority and the bond proceedings shall provide for the 6,418
purpose thereof and the principal amount or amounts, and shall 6,419
provide for or authorize the manner or agency for determining the 6,420
principal maturity or maturities, not exceeding twenty-five years 6,421
from the date of issuance, the interest rate or rates or the 6,422
maximum interest rate, the date of the obligations and the dates 6,423
of payment of interest thereon, their denomination, and the 6,424
establishment within or without the state of a place or places of 6,425
payment of bond service charges. Sections 9.98 to 9.983 of the 6,426
Revised Code are applicable to obligations issued under this 6,427
section. The purpose of such obligations may be stated in the 6,428
bond proceedings in terms describing the general purpose or 6,429
purposes to be served. The bond proceedings also shall provide, 6,430
subject to the provisions of any other applicable bond 6,431
proceedings, for the pledge of all, or such part as the issuing 6,432
authority, with the advice of the director of budget and 6,433
management and the director of transportation, may determine, of 6,434
the pledged receipts and the applicable special fund or funds to 6,435
the payment of bond service charges, which pledges may be made 6,436
either prior or subordinate to other expenses, claims, or 6,437
payments, and may be made to secure the obligations on a parity 6,438
with obligations theretofore or thereafter issued, if and to the 6,439
extent provided in the bond proceedings. The pledged receipts 6,440
and special funds so pledged and thereafter received by the state 6,441
are immediately subject to the lien of such pledge without any 6,442
physical delivery thereof or further act, and the lien of any 6,443
154
such pledges is valid and binding against all parties having 6,444
claims of any kind against the state or any governmental agency 6,445
of the state, irrespective of whether such parties have notice 6,446
thereof, and shall create a perfected security interest for all 6,447
purposes of Chapter 1309. of the Revised Code, without the
necessity for separation or delivery of funds or for the filing 6,448
or recording of the bond proceedings by which such pledge is 6,449
created or any certificate, statement or other document with 6,450
respect thereto; and the pledge of such pledged receipts and 6,451
special funds is effective and the money therefrom and thereof 6,452
may be applied to the purposes for which pledged without 6,453
necessity for any act of appropriation. Every pledge, and every 6,454
covenant and agreement made with respect thereto, made in the 6,455
bond proceedings may therein be extended to the benefit of the 6,456
owners and holders of obligations authorized by this section, and 6,457
to any trustee therefor, for the further security of the payment 6,458
of the bond service charges.
(E) The bond proceedings may contain additional provisions 6,460
as to: 6,461
(1) The redemption of obligations prior to maturity at the 6,463
option of the issuing authority at such price or prices and under 6,464
such terms and conditions as are provided in the bond 6,465
proceedings; 6,466
(2) Other terms of the obligations; 6,468
(3) Limitations on the issuance of additional obligations; 6,470
(4) The terms of any trust agreement or indenture securing 6,472
the obligations or under which the same may be issued; 6,473
(5) The deposit, investment and application of special 6,475
funds, and the safeguarding of moneys on hand or on deposit, 6,476
without regard to Chapter 131. or 135. of the Revised Code, but 6,477
subject to any special provisions of this chapter SECTION with 6,478
respect to particular funds or moneys, provided that any bank or 6,480
trust company which acts as depository of any moneys in the 6,481
special funds may furnish such indemnifying bonds or may pledge 6,482
155
such securities as required by the issuing authority; 6,483
(6) Any or every provision of the bond proceedings being 6,485
binding upon such officer, board, commission, authority, agency, 6,486
department, or other person or body as may from time to time have 6,487
the authority under law to take such actions as may be necessary 6,488
to perform all or any part of the duty required by such 6,489
provision; 6,490
(7) Any provision that may be made in a trust agreement or 6,492
indenture; 6,493
(8) Any other or additional agreements with the holders of 6,495
the obligations, or the trustee therefor, relating to the 6,496
obligations or the security therefor, including the assignment of 6,497
mortgages or other security relating to financial assistance for 6,499
qualified projects under section 5531.09 of the Revised Code. 6,500
(F) The obligations may have the great seal of the state 6,502
or a facsimile thereof affixed thereto or printed thereon. The 6,503
obligations and any coupons pertaining to obligations shall be 6,504
signed or bear the facsimile signature of the issuing authority. 6,505
Any obligations or coupons may be executed by the person who, on 6,506
the date of execution, is the proper issuing authority although 6,507
on the date of such bonds or coupons such person was not the 6,508
issuing authority. In case the issuing authority whose signature 6,509
or a facsimile of whose signature appears on any such obligation 6,510
or coupon ceases to be the issuing authority before delivery 6,511
thereof, such signature or facsimile is nevertheless valid and 6,512
sufficient for all purposes as if the former issuing authority 6,514
had remained the issuing authority until such delivery; and in 6,515
case the seal to be affixed to obligations has been changed after 6,516
a facsimile of the seal has been imprinted on such obligations, 6,517
such facsimile seal shall continue to be sufficient as to such 6,518
obligations and obligations issued in substitution or exchange 6,519
therefor.
(G) All obligations are negotiable instruments and 6,521
securities under Chapter 1308. of the Revised Code, subject to 6,522
156
the provisions of the bond proceedings as to registration. The 6,523
obligations may be issued in coupon or in registered form, or 6,524
both, as the issuing authority determines. Provision may be made 6,525
for the registration of any obligations with coupons attached 6,526
thereto as to principal alone or as to both principal and 6,527
interest, their exchange for obligations so registered, and for 6,528
the conversion or reconversion into obligations with coupons 6,529
attached thereto of any obligations registered as to both 6,530
principal and interest, and for reasonable charges for such 6,531
registration, exchange, conversion, and reconversion. 6,532
(H) Obligations may be sold at public sale or at private 6,534
sale, as determined in the bond proceedings. 6,535
(I) Pending preparation of definitive obligations, the 6,537
issuing authority may issue interim receipts or certificates 6,538
which shall be exchanged for such definitive obligations. 6,539
(J) In the discretion of the issuing authority, 6,541
obligations may be secured additionally by a trust agreement or 6,542
indenture between the issuing authority and a corporate trustee 6,543
which may be any trust company or bank having its principal place 6,544
of business within the state. Any such agreement or indenture 6,545
may contain the order authorizing the issuance of the 6,547
obligations, any provisions that may be contained in any bond
proceedings, and other provisions which are customary or 6,548
appropriate in an agreement or indenture of such type, including, 6,549
but not limited to: 6,550
(1) Maintenance of each pledge, trust agreement, 6,552
indenture, or other instrument comprising part of the bond 6,553
proceedings until the state has fully paid the bond service 6,554
charges on the obligations secured thereby, or provision therefor 6,555
has been made; 6,556
(2) In the event of default in any payments required to be 6,558
made by the bond proceedings, or any other agreement of the 6,559
issuing authority made as a part of the contract under which the 6,560
obligations were issued, enforcement of such payments or 6,561
157
agreement by mandamus, the appointment of a receiver, suit in 6,562
equity, action at law, or any combination of the foregoing; 6,563
(3) The rights and remedies of the holders of obligations 6,565
and of the trustee, and provisions for protecting and enforcing 6,566
them, including limitations on rights of individual holders of 6,567
obligations; 6,568
(4) The replacement of any obligations that become 6,570
mutilated or are destroyed, lost, or stolen; 6,571
(5) Such other provisions as the trustee and the issuing 6,573
authority agree upon, including limitations, conditions, or 6,574
qualifications relating to any of the foregoing. 6,575
(K) Any holder of obligations or a trustee under the bond 6,577
proceedings, except to the extent that the holder's or trustee's 6,579
rights are restricted by the bond proceedings, may by any 6,580
suitable form of legal proceedings, protect and enforce any 6,581
rights under the laws of this state or granted by such bond 6,582
proceedings. Such rights include the right to compel the 6,583
performance of all duties of the issuing authority and the 6,584
director of transportation required by the bond proceedings or 6,585
sections 5531.09 and 5531.10 of the Revised Code; to enjoin 6,586
unlawful activities; and in the event of default with respect to 6,588
the payment of any bond service charges on any obligations or in 6,589
the performance of any covenant or agreement on the part of the 6,590
issuing authority or the director of transportation in the bond 6,591
proceedings, to apply to a court having jurisdiction of the cause 6,592
to appoint a receiver to receive and administer the pledged 6,593
receipts and special funds, other than those in the custody of 6,594
the treasurer of state, which are pledged to the payment of the 6,595
bond service charges on such obligations or which are the subject 6,596
of the covenant or agreement, with full power to pay, and to 6,597
provide for payment of bond service charges on, such obligations, 6,598
and with such powers, subject to the direction of the court, as 6,599
are accorded receivers in general equity cases, excluding any 6,600
power to pledge additional revenues or receipts or other income 6,601
158
or moneys of the state or local governmental entities, or 6,603
agencies thereof, to the payment of such principal and interest 6,605
and excluding the power to take possession of, mortgage, or cause 6,606
the sale or otherwise dispose of any project facilities.
Each duty of the issuing authority and the issuing 6,608
authority's officers and employees, and of each state or local 6,609
governmental agency and its officers, members, or employees, 6,611
undertaken pursuant to the bond proceedings or any loan, loan 6,612
guarantee, lease, lease-purchase AGREEMENT, or other agreement 6,614
made under authority of section 5531.09 of the Revised Code, and 6,615
in every agreement by or with the issuing authority, is hereby 6,617
established as a duty of the issuing authority, and of each such 6,618
officer, member, or employee having authority to perform such 6,619
duty, specifically enjoined by the law resulting from an office, 6,620
trust, or station within the meaning of section 2731.01 of the 6,621
Revised Code.
The person who is at the time the issuing authority, or the 6,623
issuing authority's officers or employees, are not liable in 6,624
their personal capacities on any obligations issued by the 6,625
issuing authority or any agreements of or with the issuing 6,626
authority. 6,627
(L) The issuing authority may authorize and issue 6,629
obligations for the refunding, including funding and retirement, 6,630
and advance refunding with or without payment or redemption prior 6,631
to maturity, of any obligations previously issued by the issuing 6,632
authority. Such obligations may be issued in amounts sufficient 6,633
for payment of the principal amount of the prior obligations, any 6,634
redemption premiums thereon, principal maturities of any such 6,635
obligations maturing prior to the redemption of the remaining 6,636
obligations on a parity therewith, interest accrued or to accrue 6,637
to the maturity dates or dates of redemption of such obligations, 6,638
and any allowable costs including expenses incurred or to be 6,639
incurred in connection with such issuance and such refunding, 6,640
funding, and retirement. Subject to the bond proceedings 6,641
159
therefor, the portion of proceeds of the sale of obligations 6,642
issued under this division to be applied to bond service charges 6,643
on the prior obligations shall be credited to an appropriate 6,644
account held by the trustee for such prior or new obligations or 6,645
to the appropriate account in the bond service fund for such 6,646
obligations. Obligations authorized under this division shall be 6,647
deemed to be issued for those purposes for which such prior 6,648
obligations were issued and are subject to the provisions of this 6,649
section pertaining to other obligations, except as otherwise 6,650
provided in this section. The last maturity of obligations 6,652
authorized under this division shall not be later than 6,653
twenty-five years from the date of issuance of the original
securities issued for the original purpose. 6,654
(M) The authority to issue obligations under this section 6,656
includes authority to issue obligations in the form of bond 6,657
anticipation notes and to renew the same from time to time by the 6,658
issuance of new notes. The holders of such notes or interest 6,659
coupons pertaining thereto shall have a right to be paid solely 6,660
from the pledged receipts and special funds that may be pledged 6,661
to the payment of the bonds anticipated, or from the proceeds of 6,662
such bonds or renewal notes, or both, as the issuing authority 6,663
provides in the order authorizing such notes. Such notes may be 6,665
additionally secured by covenants of the issuing authority to the 6,666
effect that the issuing authority and the state will do such or 6,667
all things necessary for the issuance of such bonds or renewal 6,668
notes in appropriate amount, and apply the proceeds thereof to 6,669
the extent necessary, to make full payment of the principal of 6,670
and interest on such notes at the time or times contemplated, as 6,671
provided in such order. For such purpose, the issuing authority 6,672
may issue bonds or renewal notes in such principal amount and 6,673
upon such terms as may be necessary to provide funds to pay when 6,674
required the principal of and interest on such notes, 6,675
notwithstanding any limitations prescribed by or for purposes of 6,676
this section. Subject to this division, all provisions for and 6,677
160
references to obligations in this section are applicable to notes 6,678
authorized under this division. 6,679
The issuing authority in the bond proceedings authorizing 6,681
the issuance of bond anticipation notes shall set forth for such 6,682
bonds an estimated interest rate and a schedule of principal 6,683
payments for such bonds and the annual maturity dates thereof. 6,684
(N) Obligations issued under this section are lawful 6,686
investments for banks, societies for savings, savings and loan 6,687
associations, deposit guarantee associations, trust companies, 6,688
trustees, fiduciaries, insurance companies, including domestic 6,689
for life and domestic not for life, trustees or other officers 6,690
having charge of sinking and bond retirement or other special 6,691
funds of political subdivisions and taxing districts of this 6,692
state, the commissioners of the sinking fund of the state, the 6,693
administrator of workers' compensation IN ACCORDANCE WITH THE 6,694
INVESTMENT POLICY ESTABLISHED BY THE WORKERS' COMPENSATION 6,695
OVERSIGHT COMMISSION PURSUANT TO SECTION 4121.12 OF THE REVISED 6,696
CODE, the state teachers retirement system, the public employees 6,697
retirement system, the school employees retirement system, and 6,698
the police and firemen's disability and pension fund, 6,699
notwithstanding any other provisions of the Revised Code or rules 6,700
adopted pursuant thereto by any agency of the state with respect 6,701
to investments by them, and are also acceptable as security for 6,702
the deposit of public moneys. 6,703
(O) Unless otherwise provided in any applicable bond 6,705
proceedings, moneys to the credit of or in the special funds 6,706
established by or pursuant to this section may be invested by or 6,707
on behalf of the issuing authority only in notes, bonds, or other 6,708
obligations of the United States, or of any agency or 6,709
instrumentality of the United States, obligations guaranteed as 6,711
to principal and interest by the United States, obligations of 6,712
this state or any political subdivision of this state, and 6,713
certificates of deposit of any national bank located in this 6,714
state and any bank, as defined in section 1101.01 of the Revised 6,715
161
Code, subject to inspection by the superintendent of financial 6,716
institutions. If the law or the instrument creating a trust 6,718
pursuant to division (J) of this section expressly permits 6,719
investment in direct obligations of the United States or an 6,720
agency of the United States, unless expressly prohibited by the 6,721
instrument, such moneys also may be invested in no-front-end-load 6,722
money market mutual funds consisting exclusively of obligations 6,723
of the United States or an agency of the United States and in 6,725
repurchase agreements, including those issued by the fiduciary 6,726
itself, secured by obligations of the United States or an agency 6,727
of the United States; and in common trust funds established in 6,729
accordance with COLLECTIVE INVESTMENT FUNDS AS DEFINED IN 6,730
DIVISION (A) OF section 1109.20 1111.01 of the Revised Code and 6,731
consisting exclusively of any such securities, notwithstanding 6,733
division (A)(4) of that section. The income from such 6,734
investments shall be credited to such funds as the issuing 6,735
authority determines, and such investments may be sold at such 6,736
times as the issuing authority determines or authorizes. 6,737
(P) Provision may be made in the applicable bond 6,739
proceedings for the establishment of separate accounts in the 6,740
bond service fund and for the application of such accounts only 6,741
to the specified bond service charges on obligations pertinent to 6,742
such accounts and bond service fund and for other accounts 6,743
therein within the general purposes of such fund. Unless 6,744
otherwise provided in any applicable bond proceedings, moneys to 6,745
the credit of or in the several special funds established 6,746
pursuant to this section shall be disbursed on the order of the 6,747
treasurer of state, provided that no such order is required for 6,748
the payment from the bond service fund when due of bond service 6,749
charges on obligations. 6,750
(Q) The issuing authority may, with the advice of the 6,752
director of transportation and the director of budget and 6,753
management, pledge all, or such portion as the issuing authority 6,755
determines, of the pledged receipts to the payment of bond 6,756
162
service charges on obligations issued under this section, and for 6,757
the establishment and maintenance of any reserves, as provided in 6,758
the bond proceedings, and make other provisions therein with 6,759
respect to pledged receipts as authorized by this chapter, which 6,760
provisions are controlling notwithstanding any other provisions 6,761
of law pertaining thereto.
(R) There is hereby created the state infrastructure bank 6,763
revenue bond service fund, which shall be in the custody of the 6,764
treasurer of state but shall not be a part of the state treasury. 6,766
All moneys received by or on account of the issuing authority or 6,767
state agencies and required by the applicable bond proceedings, 6,768
consistent with this section, to be deposited, transferred, or 6,769
credited to the bond service fund, and all other moneys 6,770
transferred or allocated to or received for the purposes of the
fund, shall be deposited and credited to such fund and to any 6,771
separate accounts therein, subject to applicable provisions of 6,772
the bond proceedings, but without necessity for any act of 6,773
appropriation. The state infrastructure bank revenue bond 6,776
service fund is a trust fund and is hereby pledged to the payment 6,777
of bond service charges to the extent provided in the applicable 6,778
bond proceedings, and payment thereof from such fund shall be 6,779
made or provided for by the treasurer of state in accordance with 6,780
such bond proceedings without necessity for any act of 6,781
appropriation.
(S) THE OBLIGATIONS ISSUED PURSUANT TO THIS SECTION, THE 6,783
TRANSFER THEREOF, AND THE INCOME THEREFROM, INCLUDING ANY PROFIT 6,784
MADE ON THE SALE THEREOF, SHALL AT ALL TIMES BE FREE FROM 6,785
TAXATION WITHIN THIS STATE.
Sec. 5540.01. As used in this chapter: 6,794
(A) "Transportation improvement district" or "district" 6,796
means a transportation improvement district designated pursuant 6,797
to section 5540.02 of the Revised Code. 6,798
(B) "Governmental agency" means a department, division, or 6,800
other unit of state government; a county, township, or municipal 6,801
163
corporation or other political subdivision; a regional transit 6,802
authority or regional transit commission created pursuant to 6,803
Chapter 306. of the Revised Code; a port authority created 6,804
pursuant to Chapter 4582. of the Revised Code; and the United 6,805
States or any agency thereof. 6,806
(C) "Project" means a street or, highway, OR OTHER 6,808
TRANSPORTATION PROJECT constructed or improved under this chapter 6,810
and includes all bridges, tunnels, overpasses, underpasses, 6,811
interchanges, approaches, those portions of connecting streets or 6,812
highways that serve interchanges and are determined by the 6,813
district to be necessary for the safe merging of traffic between 6,814
the project and those streets or highways, service facilities, 6,815
and administration, storage, and other buildings, property, and 6,816
facilities, that the district considers necessary for the 6,817
operation of the project, together with all property and rights 6,818
that must be acquired by the district for the construction, 6,819
maintenance, or operation of the project.
(D) "Cost," as applied to the construction of a project, 6,821
includes the cost of construction, including bridges over or 6,822
under existing highways and railroads, acquisition of all 6,823
property acquired by the district for such construction, 6,824
demolishing or removing any buildings or structures on land so 6,825
acquired, including the cost of acquiring any lands to which such 6,826
buildings or structures may be moved, site clearance, 6,827
improvement, and preparation, diverting streets or highways, 6,828
interchanges with streets or highways, access roads to private 6,829
property, including the cost of land or easements therefor, all 6,830
machinery, furnishings, and equipment, communications facilities, 6,831
financing expenses, interest prior to and during construction and 6,832
for one year after completion of construction, traffic estimates, 6,833
indemnity and surety bonds and premiums on insurance, and 6,834
guarantees, engineering, feasibility studies, and legal expenses, 6,835
plans, specifications, surveys, estimates of cost and revenues, 6,836
other expenses necessary or incidental to determining the 6,837
164
feasibility or practicability of constructing a project, and such 6,838
other expense as may be necessary or incident to the construction 6,839
of the project and the financing of such construction. Any 6,840
obligation or expense incurred by any governmental agency or 6,841
person for surveys, borings, preparation of plans and 6,842
specifications, and other engineering services, or any other cost 6,843
described above, in connection with the construction of a project 6,844
may be regarded as part of the cost of the project and reimbursed 6,845
from revenues, taxes, or the proceeds of bonds as authorized by 6,846
this chapter. 6,847
(E) "Owner" includes any person having any title or 6,849
interest in any property authorized to be acquired by a district 6,850
under this chapter. 6,851
(F) "Revenues" means all moneys received by a district 6,853
with respect to the lease, sublease, or sale, including 6,854
installment sale, conditional sale, or sale under a 6,855
lease-purchase agreement, of a project, any gift or grant 6,856
received with respect to a project, tolls, proceeds of bonds to 6,857
the extent the use thereof for payment of principal or of 6,858
premium, if any, or interest on the bonds is authorized by the 6,859
district, proceeds from any insurance, condemnation, or guaranty 6,860
pertaining to a project or property mortgaged to secure bonds or 6,861
pertaining to the financing of a project, and income and profit 6,862
from the investment of the proceeds of bonds or of any revenues. 6,863
(G) "Street or highway" has the same meaning as in section 6,865
4511.01 of the Revised Code. 6,866
(H) "Financing expenses" means all costs and expenses 6,868
relating to the authorization, issuance, sale, delivery, 6,869
authentication, deposit, custody, clearing, registration, 6,870
transfer, exchange, fractionalization, replacement, payment, and 6,871
servicing of bonds including, without limitation, costs and 6,872
expenses for or relating to publication and printing, postage, 6,873
delivery, preliminary and final official statements, offering 6,874
circulars, and informational statements, travel and 6,875
165
transportation, underwriters, placement agents, investment 6,876
bankers, paying agents, registrars, authenticating agents, 6,877
remarketing agents, custodians, clearing agencies or 6,878
corporations, securities depositories, financial advisory 6,879
services, certifications, audits, federal or state regulatory 6,880
agencies, accounting and computation services, legal services and 6,881
obtaining approving legal opinions and other legal opinions, 6,882
credit ratings, redemption premiums, and credit enhancement 6,883
facilities. 6,884
(I) "Bond proceedings" means the resolutions, trust 6,886
agreements, certifications, notices, sale proceedings, leases, 6,887
lease-purchase agreements, assignments, credit enhancement 6,888
facility agreements, and other agreements, instruments, and 6,889
documents, as amended and supplemented, or any one or more of 6,890
combination thereof, authorizing, or authorizing or providing for 6,891
the terms and conditions applicable to, or providing for the 6,892
security or sale or award or liquidity of, bonds, and includes 6,893
the provisions set forth or incorporated in those bonds and bond 6,894
proceedings. 6,895
(J) "Bond service charges" means principal, including any 6,897
mandatory sinking fund or mandatory redemption requirements for 6,898
retirement of bonds, and interest and any redemption premium 6,899
payable on bonds, as those payments come due and are payable to 6,900
the bondholder or to a person making payment under a credit 6,901
enhancement facility of those bond service charges to a 6,902
bondholder. 6,903
(K) "Bond service fund" means the applicable fund created 6,905
by the bond proceedings for and pledged to the payment of bond 6,906
service charges on bonds provided for by those proceedings, 6,907
including all moneys and investments, and earnings from 6,908
investments, credited and to be credited to that fund as provided 6,909
in the bond proceedings. 6,910
(L) "Bonds" means bonds, notes, including notes 6,912
anticipating bonds or other notes, commercial paper, certificates 6,913
166
of participation, or other evidences of obligation, including any 6,914
interest coupons pertaining thereto, issued pursuant to this 6,915
chapter. 6,916
(M) "Net revenues" means revenues lawfully available to 6,918
pay both current operating expenses of a district and bond 6,919
service charges in any fiscal year or other specified period, 6,920
less current operating expenses of the district and any amount 6,921
necessary to maintain a working capital reserve for that period. 6,922
(N) "Pledged revenues" means net revenues, moneys and 6,924
investments, and earnings on those investments, in the applicable 6,925
bond service fund and any other special funds, and the proceeds 6,926
of any bonds issued for the purpose of refunding prior bonds, all 6,927
as lawfully available and by resolution of the district committed 6,928
for application as pledged revenues to the payment of bond 6,929
service charges on particular issues of bonds. 6,930
(O) "Special funds" means the applicable bond service fund 6,932
and any accounts and subaccounts in that fund, any other funds or 6,933
accounts permitted by and established under, and identified as a 6,934
special fund or special account in, the bond proceedings, 6,935
including any special fund or account established for purposes of 6,936
rebate or other requirements under federal income tax laws. 6,937
(P) "Credit enhancement facilities" means letters of 6,939
credit, lines of credit, standby, contingent, or firm securities 6,940
purchase agreements, insurance, or surety arrangements, 6,941
guarantees, and other arrangements that provide for direct or 6,942
contingent payment of bond service charges, for security or 6,943
additional security in the event of nonpayment or default in 6,944
respect of bonds, or for making payment of bond service charges 6,945
and at the option and on demand of bondholders or at the option 6,946
of the district or upon certain conditions occurring under put or 6,947
similar arrangements, or for otherwise supporting the credit or 6,948
liquidity of the bonds, and includes credit, reimbursement, 6,949
marketing, remarketing, indexing, carrying, interest rate hedge 6,950
as defined in section 133.01 of the Revised Code, and subrogation 6,951
167
agreements, and other agreements and arrangements for payment and 6,952
reimbursement of the person providing the credit enhancement 6,953
facility and the security for that payment and reimbursement. 6,954
(Q) "Refund" means to fund and retire outstanding bonds, 6,956
including advance refunding with or without payment or redemption 6,957
prior to stated maturity. 6,958
(R) "Property" includes interests in property. 6,960
(S) "Administrative agent," "agent," "commercial paper," 6,962
"floating rate interest structure," "indexing agent," "interest 6,963
rate period," "put arrangement," and "remarketing agent" have the 6,964
same meanings as in section 9.98 of the Revised Code. 6,965
(T) "Outstanding" as applied to bonds means outstanding in 6,967
accordance with the terms of the bonds and the applicable bond 6,968
proceedings. 6,969
(U) "Interstate system" has the same meaning as in section 6,971
5516.01 of the Revised Code. 6,972
Sec. 5540.03. (A) A transportation improvement district 6,981
may:
(1) Adopt bylaws for the regulation of its affairs and the 6,983
conduct of its business; 6,984
(2) Adopt an official seal; 6,986
(3) Sue and be sued in its own name, plead and be 6,988
impleaded, provided any actions against the district shall be 6,989
brought in the court of common pleas of the county in which the 6,990
principal office of the district is located, or in the court of 6,991
common pleas of the county in which the cause of action arose,
and all summonses, exceptions, and notices of every kind shall be 6,992
served on the district by leaving a copy thereof at its principal 6,993
office with the secretary-treasurer; 6,994
(4) Purchase, construct, maintain, repair, sell, exchange, 6,996
police, operate, or lease projects; 6,997
(5) Issue either or both of the following for the purpose 6,999
of providing funds to pay the costs of any project or part 7,000
thereof:
168
(a) Transportation improvement district revenue bonds; 7,002
(b) Bonds pursuant to Section 13 of Article VIII, Ohio 7,004
Constitution,;
(6) Maintain such funds as it considers necessary; 7,006
(7) Direct its agents or employees, when properly 7,008
identified in writing and after at least five days' written 7,009
notice, to enter upon lands within its jurisdiction to make 7,010
surveys and examinations preliminary to the location and
construction of projects for the district, without liability of 7,012
the district or its agents or employees except for actual damage
done; 7,013
(8) Make and enter into all contracts and agreements 7,015
necessary or incidental to the performance of its functions and 7,016
the execution of its powers under this chapter; 7,017
(9) Employ or retain or contract for the services of 7,019
consulting engineers, superintendents, managers, and such other 7,020
engineers, construction and accounting experts, financial 7,021
advisers, trustees, marketing, remarketing, and administrative 7,022
agents, attorneys, and other employees, independent contractors, 7,023
or agents as are necessary in its judgment and fix their
compensation, provided all such expenses shall be payable solely 7,024
from the proceeds of bonds or from revenues; 7,025
(10) Receive and accept from any THE federal OR ANY STATE 7,027
OR LOCAL GOVERNMENT, INCLUDING, BUT NOT LIMITED TO, ANY agency 7,028
and from, ENTITY, OR INSTRUMENTALITY OF any other governmental 7,030
agency OF THE FOREGOING, LOANS AND grants for or in aid of the 7,031
construction, maintenance, or repair of any project, and receive 7,032
and accept aid or contributions from any source or person of 7,033
money, property, labor, or other things of value, to be held, 7,034
used, and applied only for the purposes for which such LOANS, 7,035
grants, and contributions are made;. NOTHING IN DIVISION (A)(10) 7,036
OF THIS SECTION SHALL BE CONSTRUED AS IMPOSING ANY LIABILITY ON 7,037
THIS STATE FOR ANY LOAN RECEIVED BY A TRANSPORTATION IMPROVEMENT 7,038
DISTRICT FROM A THIRD PARTY UNLESS THIS STATE HAS ENTERED INTO AN
169
AGREEMENT TO ACCEPT SUCH LIABILITY. 7,039
(11) Acquire, hold, and dispose of property in the 7,041
exercise of its powers and the performance of its duties under 7,042
this chapter;
(12) Establish and collect tolls or user charges for its 7,044
projects;
(13) Do all acts necessary and proper to carry out the 7,046
powers expressly granted in this chapter. 7,047
(B) Chapters 123., 124., 125., 153., and 4115., and 7,049
sections 9.331, 9.332, and 9.333, AND 307.86 of the Revised Code 7,051
do not apply to contracts or projects of a transportation 7,052
improvement district.
Sec. 5735.05. (A) To provide revenue for maintaining the 7,061
state highway system; to widen existing surfaces on such 7,062
highways; to resurface such highways; to pay that portion of the 7,063
construction cost of a highway project which a county, township, 7,064
or municipal corporation normally would be required to pay, but 7,065
which the director of transportation, pursuant to division (B) of 7,066
section 5531.08 of the Revised Code, determines instead will be 7,067
paid from moneys in the highway operating fund; to enable the 7,068
counties of the state properly to plan, maintain, and repair 7,069
their roads and to pay principal, interest, and charges on bonds 7,070
and other obligations issued pursuant to Chapter 133. of the 7,071
Revised Code for highway improvements; to enable the municipal 7,072
corporations to plan, construct, reconstruct, repave, widen, 7,073
maintain, repair, clear, and clean public highways, roads, and 7,074
streets, and to pay the principal, interest, and charges on bonds 7,075
and other obligations issued pursuant to Chapter 133. of the 7,076
Revised Code for highway improvements; to enable the Ohio 7,077
turnpike commission to construct, reconstruct, maintain, and 7,078
repair turnpike projects; to maintain and repair bridges and 7,079
viaducts; to purchase, erect, and maintain street and traffic 7,080
signs and markers; to purchase, erect, and maintain traffic 7,081
lights and signals; to pay the costs apportioned to the public 7,082
170
under sections 4907.47 and 4907.471 of the Revised Code and to 7,083
supplement revenue already available for such purposes; to pay 7,084
the costs incurred by the public utilities commission in 7,085
administering sections 4907.47 to 4907.476 of the Revised Code; 7,086
to distribute equitably among those persons using the privilege 7,087
of driving motor vehicles upon such highways and streets the cost 7,088
of maintaining and repairing them; to pay the interest, 7,089
principal, and charges on HIGHWAY CAPITAL IMPROVEMENTS bonds and 7,090
other obligations issued pursuant to Section 2g 2m of Article 7,092
VIII, Ohio Constitution, and sections 5528.10 and 5528.11 5528.51 7,094
TO 5528.56 of the Revised Code; to pay the interest, principal, 7,096
and charges on highway obligations issued pursuant to Section 2i 7,097
of Article VIII, Ohio Constitution, and sections 5528.30 and 7,098
5528.31 of the Revised Code; and to provide revenue for the 7,099
purposes of sections 1547.71 to 1547.78 of the Revised Code, a 7,100
motor fuel excise tax is hereby imposed on all motor fuel dealers 7,101
upon receipt of motor fuel within this state at the rate of two 7,102
cents plus the cents per gallon rate on each gallon so received, 7,103
to be computed in the manner set forth in section 5735.06 of the 7,106
Revised Code; provided that no tax is hereby imposed upon the 7,107
following transactions:
(1) The sale of dyed diesel fuel by a licensed motor fuel 7,110
dealer from a location other than a retail service station 7,111
provided the licensed motor fuel dealer places on the face of the 7,112
delivery document or invoice, or both if both are used, a 7,113
conspicuous notice stating that the fuel is dyed and is not for 7,114
taxable use, and that taxable use of that fuel is subject to a 7,115
penalty. The tax commissioner, by rule, may provide that any 7,116
notice conforming to rules or regulations issued by the United 7,117
States department of the treasury or the Internal Revenue Service 7,118
is sufficient notice for the purposes of division (A)(1) of this 7,119
section;
(2) The sale of K-1 (water clear) kerosene to a retail 7,121
service station, except when placed directly in the fuel supply 7,122
171
tank of a motor vehicle. Such sale shall be rebuttably presumed 7,123
to not be distributed or sold for use or used to generate power 7,124
for the operation of motor vehicles upon the public highways or 7,125
upon the waters within the boundaries of this state;. 7,126
(3) The sale of motor fuel by a licensed motor fuel dealer 7,129
to another licensed motor fuel dealer;
(4) The exportation of motor fuel by a licensed motor fuel 7,133
dealer from this state to any other state or foreign country; 7,135
(5) The sale of motor fuel to the United States government 7,139
or any of its agencies, except such tax as is permitted by it, 7,140
where such sale is evidenced by an exemption certificate, in form 7,141
approved by the tax commissioner, executed by the United States 7,142
government or an agency thereof certifying that the motor fuel 7,143
therein identified has been purchased for the exclusive use of 7,144
the United States government or its agency; 7,145
(6) The sale of motor fuel which is in the process of 7,149
transportation in foreign or interstate commerce, except in so
far as it may be taxable under the constitution CONSTITUTION and 7,151
statutes of the United States, and except as may be agreed upon 7,152
in writing by the dealer and the commissioner; 7,153
(7) The sale of motor fuel when sold exclusively for use 7,157
in the operation of aircraft, where such sale is evidenced by an 7,159
exemption certificate prescribed by the commissioner and executed 7,160
by the purchaser certifying that the motor fuel purchased has 7,161
been purchased for exclusive use in the operation of aircraft.; 7,162
(8) The sale for exportation of motor fuel by a licensed 7,164
motor fuel dealer to a licensed exporter type A; 7,165
(9) The sale for exportation of motor fuel by a licensed 7,167
motor fuel dealer to a licensed exporter type B, provided that 7,168
the destination state motor fuel tax has been paid or will be 7,169
accrued and paid by the licensed motor fuel dealer. 7,170
Division (A)(1) of this section does not apply to the sale 7,173
or distribution of dyed diesel fuel used to operate a motor
vehicle on the public highways or upon water within the 7,174
172
boundaries of this state by persons permitted under regulations 7,175
of the United States department of the treasury or of the 7,177
Internal Revenue Service to so use dyed diesel fuel.
(B) The two cent motor fuel tax levied by this section is 7,180
also for the purpose of paying the expenses of administering and 7,181
enforcing the state law relating to the registration and 7,182
operation of motor vehicles. 7,183
After the tax provided for by this section on the receipt 7,185
of any motor fuel has been paid by the motor fuel dealer, the 7,188
motor fuel may thereafter be used, sold, or resold by any person 7,190
having lawful title to it, without incurring liability for such 7,191
tax.
If a licensed motor fuel dealer sells motor fuel received 7,194
by the licensed motor fuel dealer to another licensed motor fuel 7,197
dealer, the seller may deduct on the report required by section 7,199
5735.06 of the Revised Code the number of gallons so sold for the 7,200
month within which the motor fuel was sold or delivered. In this 7,201
event the number of gallons is deemed to have been received by 7,202
the purchaser, who shall report and pay the tax imposed thereon. 7,203
Sec. 5735.12. (A) Any motor fuel dealer or qualified 7,212
interstate bus operator required by this chapter to file reports 7,213
and pay the tax levied by this chapter who fails to file the 7,216
report within the time prescribed, shall be liable for an 7,217
additional charge equal to the greater of ten per cent of the 7,218
motor fuel dealer's or qualified interstate bus operator's tax 7,219
liability for that month or fifty dollars. The tax commissioner 7,221
may remit all or a portion of the additional charge and may adopt 7,222
rules relating to the remission of all or a portion of the 7,223
charge.
If any person required by this chapter to file reports and 7,225
pay the taxes, interest, or additional charge levied by this 7,227
chapter fails to file the report, files an incomplete or 7,228
incorrect report, or fails to remit the full amount of the tax, 7,229
interest, or additional charge due for the period covered by the 7,231
173
report, the commissioner may make an assessment against the 7,232
person based upon any information in the commissioner's 7,233
possession.
No assessment shall be made against any motor fuel dealer 7,235
or interstate bus operator for taxes imposed by this chapter more 7,236
than four years after the date on which the report on which the 7,237
assessment was based was due or was filed, whichever is later. 7,238
This section does not bar an assessment against any motor fuel 7,239
dealer or qualified interstate bus operator who fails to file a 7,241
report required by either section 5735.06 or 5735.32 of the 7,242
Revised Code, or who files a fraudulent motor fuel tax report. 7,243
A penalty of fifteen per cent shall be added to the amount 7,246
of every assessment made under this section. The commissioner 7,247
may adopt rules providing for the remission of penalties added to 7,248
assessments made under this section. 7,249
The commissioner shall give the party assessed written 7,251
notice of the assessment by personal service or certified mail. 7,252
Any tax or equalization payment assessed shall continue to accrue 7,253
interest as prescribed in division (A) of section 5735.11 of the 7,254
Revised Code. 7,255
(B) Unless the party to whom the notice of assessment is 7,257
directed files with the commissioner within thirty days after 7,258
service of the notice of assessment, either personally or by 7,259
certified mail, a petition for reassessment in writing, signed by 7,260
the party assessed, or by the authorized agent of the party 7,262
assessed having knowledge of the facts, the assessment shall 7,263
become conclusive and the amount of the assessment shall be due 7,264
and payable from the party assessed to the treasurer of state. 7,265
The petition shall indicate the objections of the party assessed, 7,266
but additional objections may be raised in writing if received 7,267
prior to the date shown on the final determination by the 7,268
commissioner.
Unless the petitioner waives a hearing, the commissioner 7,270
shall assign a time and place for the hearing on the petition and 7,271
174
notify the petitioner of the time and place of the hearing by 7,272
personal service or certified mail, but the commissioner may 7,273
continue the hearing from time to time if necessary. 7,274
The commissioner may make such correction to the 7,276
commissioner's assessment as the commissioner finds proper. The 7,278
commissioner shall serve a copy of the commissioner's final 7,280
determination on the petitioner by personal service or certified 7,281
mail, and the commissioner's decision in the matter shall be 7,282
final, subject to appeal as provided in section 5717.02 of the 7,283
Revised Code. 7,284
(C) After an assessment becomes final, if any portion of 7,286
the assessment remains unpaid, a certified copy of the 7,287
commissioner's entry making the assessment final may be filed in 7,288
the office of the clerk of the court of common pleas in the 7,289
county in which the party assessed resides or in which the 7,290
business of the party assessed is conducted. If the party 7,291
assessed maintains no place of business in this state and is not 7,294
a resident of this state, the certified copy of the entry may be 7,295
filed in the office of the clerk of the court of common pleas of 7,296
Franklin county.
The clerk, immediately upon the filing of the entry, shall 7,298
enter a judgment for the state against the party assessed in the 7,299
amount shown on the entry. The judgment may be filed by the 7,300
clerk in a loose-leaf book entitled "special judgments for state 7,301
motor fuel tax." 7,302
From the date of the filing of the entry in the clerk's 7,304
office, the unpaid portion of the assessment shall bear interest 7,305
at the rate per annum prescribed by section 5703.47 of the 7,306
Revised Code and shall have the same effect as other judgments. 7,307
Execution shall issue upon the judgment upon request of the 7,308
commissioner, and all laws applicable to sales on execution shall 7,309
be applicable to sales made under the judgment. 7,310
(D) All money collected by the commissioner under this 7,312
section shall be paid to the treasurer of state, and when paid 7,313
175
shall be considered as revenue arising from the tax imposed by 7,314
this chapter. 7,315
(E) If the tax commissioner determines that the 7,317
commissioner has erroneously refunded motor fuel tax to any 7,318
person, the commissioner may make an assessment against the 7,319
person for recovery of the erroneously refunded tax. Interest 7,320
begins to accrue thirty days after the receipt of the assessment.
(F) Any person required to file reports pursuant to 7,322
section 5735.146 of the Revised Code who fails to file the report 7,323
within the time prescribed shall be liable for a late filing 7,325
charge equal to one hundred dollars per day for each day the 7,326
report is late, or one thousand dollars, whichever is greater.
The late filing charge may be collected by assessment as provided 7,327
in this section. 7,328
Sec. 5735.145. (A) As used in this section and sections 7,337
5735.13, 5735.14, 5735.141, 5735.142, 5735.146, and 5735.17 of 7,338
the Revised Code: 7,339
(1) "Qualified fuel" means ethanol that is to be combined 7,341
with gasoline to create a blend of not more than ten per cent by 7,342
volume of ethanol and that when so blended is used, sold, or 7,343
distributed as a motor fuel. 7,344
(2) "Ethanol" means: 7,346
(a) Ethanol produced in a manufacturing facility with an 7,348
annual production capacity of less than two million gallons from 7,349
wood or the grain of a cereal grass and denatured in accordance 7,350
with United States bureau of alcohol and tax regulations; or 7,351
(b) Ethanol produced through a coal-fired process from 7,353
wood or the grain of a cereal grass and denatured in accordance 7,354
with United States bureau of alcohol and tax regulations. 7,355
(B) Any motor fuel dealer shall receive a qualified fuel 7,359
credit on each gallon of qualified fuel used, sold, or 7,360
distributed by the dealer and on which the dealer is liable for 7,361
the taxes imposed by this chapter of the Revised Code. To
receive a credit, the dealer shall certify on the monthly report 7,364
176
required by section 5735.06 of the Revised Code the number of 7,365
gallons of qualified fuel used, sold, or distributed during the 7,366
month to which the report applies and upon which such taxes are 7,367
imposed. After computation of the amount of the tax in accordance 7,368
with division (B) of section 5735.06 of the Revised Code, the 7,369
number of gallons of qualified fuel used, sold, or distributed 7,370
during the month to which the report applies and included in the 7,371
gallons of motor fuel upon which the tax is imposed shall be 7,372
multiplied by ten cents per gallon. The resulting product shall 7,373
be subtracted from the tax computed under division (B) of section 7,374
5735.06 of the Revised Code and shall constitute the qualified 7,375
fuel credit provided by this section. 7,376
(C) The aggregate amount of credits permitted under this 7,378
section shall be subject to the limitations prescribed in this 7,379
division. 7,380
(1) Beginning July 1, 1993, and ending June 30, 2000 1997, 7,382
for each fiscal year, the credit shall not exceed a total of 7,384
fifteen million dollars, and for each month of each such year 7,385
shall not exceed the amount specified for that month as follows: 7,386
July $1,390,125 January $1,133,625 7,388
August 1,312,125 February 1,106,625 7,389
September 1,229,625 March 1,211,625 7,390
October 1,268,625 April 1,192,125 7,391
November 1,235,625 May 1,270,125 7,392
December 1,280,625 June 1,369,125 7,393
For the period beginning July 1, 2000, and ending September 7,396
30, 2000, the credit shall not exceed a total of four million 7,397
dollars, and shall not exceed one million four hundred eighteen 7,398
thousand four hundred dollars in July, one million three hundred 7,399
thirty-four thousand four hundred dollars in August, and one 7,400
million two hundred forty-seven thousand two hundred dollars in 7,401
September of that year. 7,402
(2) If in any month the credit is less than the limit set 7,404
forth for that month, the unused portion shall be carried forward 7,405
177
and added to the succeeding month's limit until the end of the 7,406
fiscal year. 7,407
(3) If in any month the credit, including any amount 7,409
carried forward from a preceding month, exceeds the limit for 7,410
that month by less than five per cent, the tax commissioner shall 7,411
either reduce the limit for the succeeding month by the amount of 7,412
the excess, or collect the excess from each motor fuel dealer, 7,413
apportioning the amount collected among motor fuel dealers in 7,414
proportion to the amount of credit claimed by each motor fuel 7,415
dealer for that month.
If in any month the credit, including any amount carried 7,417
forward from a preceding month, exceeds the limit for that month 7,418
by five per cent or more, the tax commissioner shall collect the 7,419
excess from each motor fuel dealer, apportioning the amount 7,420
collected among motor fuel dealers in proportion to the amount of 7,421
credit claimed by each motor fuel dealer for that month. 7,422
(4) Any credit in excess of the amounts prescribed in this 7,424
section and subject to collection by the tax commissioner 7,425
pursuant to division (C)(2) or (3) of this section shall be paid 7,426
to the treasurer of state as revenue arising from taxes imposed 7,427
under this chapter and is subject to assessment as provided in 7,428
sections 5735.12 and 5735.121 of the Revised Code. 7,429
Sec. 5735.19. The tax commissioner may examine, during the 7,438
usual business hours of the day, the records, books, and papers 7,439
of any motor fuel dealer, retail dealer, exporter, terminal 7,440
operator, purchaser, OR common carrier, or person selling alcohol 7,441
and registered under section 5735.146 of the Revised Code, 7,442
pertaining to motor fuel received, sold, shipped, or delivered, 7,443
to verify the truth and accuracy of any statement, report, or 7,444
return. The commissioner may, in the enforcement of the motor 7,445
fuel laws of this state, hold hearings, take the testimony of any 7,446
person, issue subpoenas and compel the attendance of witnesses, 7,447
and conduct such investigations as the commissioner deems 7,448
necessary, but no person shall disclose the information acquired 7,450
178
by the commissioner under this section, except when required to 7,451
do so in court. Such information or evidence is not privileged 7,452
when used by the state or any officer thereof in any proceeding 7,453
for the collection of the tax, or any prosecution for violation 7,454
of the motor fuel laws. 7,455
The commissioner may prescribe all forms upon which reports 7,457
shall be made to the commissioner, forms for claims for refund 7,458
presented to the commissioner, or forms of records to be used by 7,459
motor fuel dealers. 7,460
Sec. 5735.23. (A) Out of receipts from the tax levied by 7,469
section 5735.05 of the Revised Code, the treasurer of state shall 7,470
place to the credit of the tax refund fund established by section 7,471
5703.052 of the Revised Code amounts equal to the refunds 7,472
certified by the tax commissioner pursuant to sections 5735.13, 7,473
5735.14, 5735.141, 5735.142, 5735.16, and 5735.17 of the Revised 7,474
Code. The treasurer of state shall then transfer the amount 7,475
required by section 5735.051 of the Revised Code to the waterways 7,477
safety fund and the amount required by section 4907.472 of the 7,478
Revised Code to the grade crossing protection fund. 7,479
(B) Each EXCEPT AS PROVIDED IN DIVISION (D) OF THIS 7,481
SECTION, EACH month the balance of the receipts from the tax 7,482
levied by section 5735.05 of the Revised Code shall be credited, 7,483
after receipt by the treasurer of state of certifications 7,484
CERTIFICATION from the commissioners of the sinking fund 7,486
certifying, as required by sections 5528.15 and SECTION 5528.35 7,487
of the Revised Code, that there are sufficient moneys to the 7,489
credit of the highway improvement bond retirement fund to meet in 7,490
full all payments of interest, principal, and charges for the 7,491
retirement of bonds and other obligations issued pursuant to 7,492
Section 2g of Article VIII, Ohio Constitution, and sections 7,493
5528.10 and 5528.11 of the Revised Code due and payable during 7,494
the current calendar year, and that there are sufficient moneys 7,495
to the credit of the highway obligations bond retirement fund to 7,496
meet in full all payments of interest, principal, and charges for 7,497
179
the retirement of highway obligations issued pursuant to Section 7,498
2i of Article VIII, Ohio Constitution, and sections 5528.30 and 7,499
5528.31 of the Revised Code due and payable during the current 7,500
calendar year, as follows: 7,501
(1) To the state and local government highway distribution 7,503
fund, which is hereby created in the state treasury, an amount 7,504
that is the same percentage of the balance to be credited as that 7,505
portion of the tax per gallon determined under division (B)(2)(a) 7,506
of section 5735.06 of the Revised Code is of the total tax per 7,507
gallon determined under divisions (B)(2)(a) and (b) of that 7,508
section. 7,509
(2) After making the distribution to the state and local 7,511
government highway distribution fund, the remainder shall be 7,512
credited as follows: 7,513
(a) Thirty per cent to the gasoline excise tax fund for 7,515
distribution pursuant to division (A)(1) of section 5735.27 of 7,516
the Revised Code; 7,517
(b) Twenty-five per cent to the gasoline excise tax fund 7,519
for distribution pursuant to division (A)(3) of section 5735.27 7,520
of the Revised Code; 7,521
(c) Forty-five EXCEPT AS PROVIDED IN DIVISION (D) OF THIS 7,523
SECTION, FORTY-FIVE per cent to the highway operating fund for 7,524
distribution pursuant to division (B)(1) of section 5735.27 of 7,525
the Revised Code. 7,526
(C) From the balance in the state and local government 7,528
highway distribution fund on the last day of each month there 7,529
shall be paid the following amounts: 7,530
(1) To the local transportation improvement program fund 7,532
created by section 164.14 of the Revised Code, an amount equal to 7,533
a fraction of the balance in the state and local government 7,534
highway distribution fund, the numerator of which fraction is one 7,535
and the denominator of which fraction is that portion of the tax 7,536
per gallon determined under division (B)(2)(a) of section 5735.06 7,537
of the Revised Code; 7,538
180
(2) An amount equal to five cents multiplied by the number 7,540
of gallons of motor fuel sold at stations operated by the Ohio 7,542
turnpike commission, such gallonage to be certified by the
commission to the treasurer of state not later than the last day 7,543
of the month following. The funds paid to the commission 7,544
pursuant to this section shall be expended for the construction, 7,545
reconstruction, maintenance, and repair of turnpike projects, 7,546
except that the funds may not be expended for the construction of 7,547
new interchanges. The funds also may be expended for the 7,548
construction, reconstruction, maintenance, and repair of those 7,549
portions of connecting public roads that serve existing 7,550
interchanges and are determined by the commission and the 7,551
director of transportation to be necessary for the safe merging 7,552
of traffic between the turnpike and those public roads. 7,553
The remainder of the balance shall be distributed as 7,555
follows on the fifteenth day of the following month: 7,556
(a) Ten and seven-tenths per cent shall be paid to 7,558
municipal corporations for distribution pursuant to division 7,559
(A)(1) of section 5735.27 of the Revised Code and may be used for 7,560
any purpose for which payments received under that division may 7,561
be used. 7,562
(b) Five per cent shall be paid to townships for 7,564
distribution pursuant to division (A)(5) of section 5735.27 of 7,565
the Revised Code and may be used for any purpose for which 7,566
payments received under that division may be used. 7,567
(c) Nine and three-tenths per cent shall be paid to 7,569
counties for distribution pursuant to division (A)(3) of section 7,570
5735.27 of the Revised Code and may be used for any purpose for 7,571
which payments received under that division may be used. 7,572
(d) The EXCEPT AS PROVIDED IN DIVISION (D) OF THIS 7,574
SECTION, THE balance shall be transferred to the highway 7,575
operating fund and used for the purposes set forth in division 7,576
(B)(1) of section 5735.27 of the Revised Code. 7,577
(D) BEGINNING ON THE FIRST DAY OF SEPTEMBER EACH YEAR AND 7,580
181
CONTINUING UNTIL SUCH TIME AS THE OFFICE OF BUDGET AND MANAGEMENT
RECEIVES CERTIFICATION FROM THE COMMISSIONERS OF THE SINKING FUND 7,581
PURSUANT TO DIVISION (B) OF SECTION 5528.56 OF THE REVISED CODE, 7,582
ANY AMOUNTS REQUIRED TO BE CREDITED OR TRANSFERRED TO THE HIGHWAY 7,583
OPERATING FUND PURSUANT TO DIVISION (B)(2)(c) OR (C)(2)(d) OF 7,584
THIS SECTION SHALL BE CREDITED OR TRANSFERRED TO THE HIGHWAY 7,585
CAPITAL IMPROVEMENTS BOND SERVICE FUND CREATED IN SECTION 5528.55 7,586
OF THE REVISED CODE.
Sec. 5735.29. To provide revenue for supplying the state's 7,595
share of the cost of constructing, widening, maintaining, and 7,596
reconstructing the state highways; to maintain and repair bridges 7,597
and viaducts; to purchase, erect, and maintain street and traffic 7,598
signs and markers; to purchase, erect, and maintain traffic 7,599
lights and signals; to pay the expense of administering and 7,600
enforcing the state law relative to the registration and 7,601
operation of motor vehicles; to pay the expense of administering 7,602
and enforcing the state law providing reimbursement to hospitals 7,603
for expenses incurred for the care of indigent persons injured in 7,604
motor vehicle accidents; to make road improvements associated 7,605
with retaining or attracting business for this state, to pay that 7,607
portion of the construction cost of a highway project which a 7,608
county, township, or municipal corporation normally would be 7,609
required to pay, but which the director of transportation, 7,610
pursuant to division (B) of section 5531.08 of the Revised Code, 7,611
determines instead will be paid from moneys in the highway 7,612
operating fund; to provide revenue for the purposes of sections 7,613
1547.71 to 1547.78 of the Revised Code; and to supplement revenue 7,614
already available for such purposes, to pay the expenses of the 7,615
department of taxation incident to the administration of the 7,616
motor fuel laws, to supplement revenue already available for such 7,617
purposes; and to pay the interest, principal, and charges on 7,618
highway obligations issued pursuant to Section 2i of Article 7,619
VIII, Ohio Constitution, and sections 5528.30 and 5528.31 of the 7,620
Revised Code, a motor fuel excise tax is hereby imposed on all 7,622
182
motor fuel dealers upon their receipt of motor fuel within the 7,623
state at the rate of two cents on each gallon so received. This 7,624
tax is subject to the specific exemptions set forth in this 7,625
chapter of the Revised Code. It shall be reported, computed, 7,626
paid, collected, administered, enforced, and refunded, and the 7,627
failure properly and correctly to report and pay the tax shall be 7,628
penalized, in exactly the same manner as is provided in this 7,629
chapter. Such sections relating to motor fuel excise taxes are 7,630
reenacted and incorporated as if specifically set forth in this 7,631
section. The tax levied by this section is in addition to any 7,632
other taxes imposed under this chapter. 7,633
Sec. 6101.16. When it is determined to let the work 7,643
relating to the improvements for which a conservancy district was 7,644
established by contract, contracts in amounts to exceed ten 7,645
FIFTEEN thousand dollars shall be advertised after notice calling 7,647
for bids has been published once a week for three consecutive 7,648
weeks completed on date of last publication, in at least one 7,649
newspaper of general circulation within the conservancy district 7,650
where the work is to be done. If the bids are for a contract for 7,651
the construction, demolition, alteration, repair, or 7,652
reconstruction of an improvement, the board of directors of the 7,653
conservancy district may let the contract to the lowest or best 7,654
bidder who meets the requirements of section 153.54 of the 7,655
Revised Code. If the bids are for a contract for any other work 7,656
relating to the improvements for which a conservancy district was 7,657
established, the board of directors of the district may let the 7,658
contract to the lowest or best bidder who gives a good and 7,659
approved bond, with ample security, conditioned on the carrying 7,660
out of the contract. The contract shall be in writing and shall 7,661
be accompanied by or refer to plans and specifications for the 7,662
work to be done prepared by the chief engineer. The plans and 7,663
specifications shall at all times be made and considered a part 7,664
of the contract. The contract shall be approved by the board and 7,665
signed by the president of the board and by the contractor and 7,666
183
shall be executed in duplicate. In case of sudden emergency when 7,667
it is necessary in order to protect the district, the advertising 7,668
of contracts may be waived upon the consent of the board, with 7,669
the approval of the court or a judge of the court of common pleas 7,670
of the county in which the office of the district is located. 7,671
Section 2. That existing sections 121.05, 121.08, 308.13, 7,673
2925.44, 2933.43, 3701.022, 3701.07, 3701.83, 4301.12, 4501.03, 7,674
4501.14, 4501.15, 4501.19, 4501.20, 4501.22, 4503.102, 4503.191, 7,675
4503.51, 4503.52, 4503.55, 4503.56, 4505.11, 4505.111, 4506.24, 7,676
4511.101, 4511.102, 4511.191, 4511.951, 4981.09, 4981.34, 7,678
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, 7,680
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, 7,681
5531.09, 5531.10, 5540.01, 5540.03, 5735.05, 5735.12, 5735.145, 7,682
5735.19, 5735.23, 5735.29, and 6101.16 and sections 3701.61, 7,683
3701.611, 3701.62, 3701.63, 3701.64, 3701.65, 3701.66, 3701.67, 7,684
3701.68, 3701.69, 4501.21, 4501.23, 4981.151, 4981.152, 5516.05, 7,685
5516.09, and 5735.146 of the Revised Code are hereby repealed. 7,686
Section 3. That section 5513.01 of the Revised Code, as 7,688
amended by Sub. H.B. 572 of the 121st General Assembly, be 7,689
amended to read as follows: 7,690
Sec. 5513.01. (A) All purchases of machinery, materials, 7,699
supplies, or other articles that the director of transportation 7,700
makes shall be in the manner provided in this section. In all 7,701
cases except those in which the director authorizes PROVIDES 7,702
WRITTEN AUTHORIZATION FOR purchases by district deputy directors 7,703
of transportation, all such purchases shall be made at the 7,704
central office of the department of transportation IN COLUMBUS. 7,705
Before making any purchase at that office, the director, as 7,707
provided in this section, shall give notice to bidders of the 7,708
director's intention to purchase. Where the expenditure is DOES 7,709
not more than five hundred dollars EXCEED THE AMOUNT APPLICABLE 7,711
TO THE PURCHASE OF SUPPLIES SPECIFIED IN DIVISION (B) OF SECTION 7,712
184
125.05 OF THE REVISED CODE, AS ADJUSTED PURSUANT TO DIVISION (D)
OF THAT SECTION, the director shall give such notice as the 7,715
director considers proper, or the director may make the purchase 7,716
without notice. Where the expenditure is more than five hundred 7,717
dollars EXCEEDS THE AMOUNT APPLICABLE TO THE PURCHASE OF SUPPLIES 7,718
SPECIFIED IN DIVISION (B) OF SECTION 125.05 OF THE REVISED CODE, 7,719
AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT SECTION, the 7,720
director shall give notice by posting for not less than ten days 7,722
a written, typed, or printed invitation to bidders on a bulletin 7,723
board, which shall be located in a place in the offices assigned 7,724
to the department and open to the public during business hours. 7,725
Producers or distributors of any product may notify the director, 7,726
in writing, of the class of articles for the furnishing of which 7,727
they desire to bid and their post-office addresses, in which case 7,728
copies of all invitations to bidders relating to the purchase of 7,729
such articles shall be mailed to such persons by the director by 7,730
regular first class mail at least ten days prior to the time 7,731
fixed for taking bids. The director also may mail copies of all 7,732
invitations to bidders to news agencies or other agencies or 7,733
organizations distributing information of this character. 7,734
Requests for invitations shall not be valid or NOR require action 7,735
by the director unless renewed, either annually or after such 7,737
shorter period as the director may prescribe by a general 7,738
regulation RULE. The invitation to bidders shall contain a brief 7,739
statement of the general character of the article that it is 7,740
intended to purchase, the approximate quantity desired, and a 7,741
statement of the time and place where bids will be received, and 7,742
may relate to and describe as many different articles as the 7,743
director thinks proper, it being the intent and purpose of this 7,744
section to authorize the inclusion in a single invitation of as 7,745
many different articles as the director desires to invite bids 7,746
upon at any given time. Invitations issued during each calendar 7,747
year shall be given consecutive numbers, and the number assigned 7,748
to each invitation shall appear on all copies thereof. In all 7,749
185
cases where notice is required by this section, sealed bids shall 7,750
be taken, on forms prescribed and furnished by the director, and 7,751
modification of bids after they have been opened shall not be 7,753
permitted.
(B) The director may permit any political subdivision and 7,756
any state university or college to participate in contracts into 7,757
which the director has entered for the purchase of machinery, 7,758
materials, supplies, or other articles. Any political 7,759
subdivision or state university or college desiring to 7,760
participate in such purchase contracts shall file with the 7,761
director a certified copy of the ordinance or resolution of its 7,762
legislative authority, board of trustees, or other governing 7,763
board requesting authorization to participate in such contracts 7,764
and agreeing to be bound by such terms and conditions as the 7,765
director prescribes. Purchases made by political subdivisions or 7,766
state universities or colleges under this division are exempt 7,767
from any competitive bidding required by law for the purchase of 7,768
machinery, materials, supplies, or other articles. 7,769
(C) As used in this section: 7,771
(1) "Political subdivision" means any county, township, 7,773
municipal corporation, conservancy district, township park 7,774
district, park district created under Chapter 1545. of the 7,775
Revised Code, port authority, regional transit authority, 7,776
regional airport authority, regional water and sewer district, or 7,777
county transit board. 7,778
(2) "State university or college" has the same meaning as 7,780
in division (A)(1) of section 3345.32 of the Revised Code. 7,781
Section 4. That all existing versions of section 5513.01 7,783
of the Revised Code are hereby repealed. 7,784
Section 5. Section 5513.01 of the Revised Code, as amended 7,786
within the purview of Sections 3 and 4 of this act, is subject to 7,787
the referendum. Therefore, under Ohio Constitution, Article II, 7,788
Section 1d and section 1.471 of the Revised Code, the section as 7,789
amended takes effect on March 4, 1998, or the ninety-first day 7,790
186
after this act is filed with the Secretary of State, whichever is 7,791
later. If, however, a referendum petition is filed against the
section as amended, the section as amended, unless rejected at 7,792
the referendum, takes effect at the earliest time permitted by 7,793
law that is on or after the effective date specified in the 7,794
preceding sentence.
Section 6. Except as otherwise provided, all appropriation 7,796
line items (ALI) in this act are hereby appropriated out of any 7,797
moneys in the state treasury to the credit of the designated 7,798
fund, which are not otherwise appropriated. For all 7,799
appropriations made in this act, those amounts in the first 7,800
column are for fiscal year 1998 and those amounts in the second 7,801
column are for fiscal year 1999. 7,802
Section 7. DOT DEPARTMENT OF TRANSPORTATION 7,804
FND ALI ALI TITLE FY 1998 FY 1999 7,806
Transportation Planning and Research 7,808
Highway Operating Fund Group 7,810
002 771-411 Planning and Research 7,813
- State $ 14,033,200 $ 12,750,200 7,815
002 771-412 Planning and Research 7,817
- Federal $ 15,607,900 $ 15,514,200 7,819
TOTAL HOF Highway Operating 7,820
Fund Group $ 29,641,100 $ 28,264,400 7,823
TOTAL ALL BUDGET FUND GROUPS - 7,824
Transportation Planning 7,825
and Research $ 29,641,100 $ 28,264,400 7,828
Highway Construction 7,829
Highway Operating Fund Group 7,831
002 772-421 Highway Construction 7,833
- State $ 437,272,875 $ 446,175,412 7,835
002 772-422 Highway Construction 7,837
- Federal $ 539,992,100 $ 541,035,800 7,839
002 772-424 Highway Construction 7,841
- Other $ 25,000,000 $ 25,000,000 7,843
187
212 770-005 Infrastructure Debt 7,845
Service - Federal $ 6,500,000 $ 10,550,000 7,847
212 772-423 Infrastructure Lease 7,849
Payments - Federal $ 12,900,000 $ 12,900,000 7,851
212 772-426 Highway 7,853
Infrastructure Bank -
Federal $ 17,000,000 $ 27,000,000 7,855
212 772-427 Highway 7,857
Infrastructure Bank -
State $ 5,000,000 $ 8,000,000 7,859
212 772-429 Highway 7,861
Infrastructure Bank -
Other $ 7,000,000 $ 3,350,000 7,863
TOTAL HOF Highway Operating 7,864
Fund Group $1,050,664,975 $1,074,011,212 7,867
Highway Capital Improvement Fund Group 7,869
042 772-723 Highway Construction 7,872
- Bonds $ 225,000,000 $ 215,000,000 7,874
TOTAL 042 Capital Highway 7,875
Improvement
Fund Group $ 225,000,000 $ 215,000,000 7,878
Infrastructure Bank Obligations 7,879
Fund Group
045 772-428 Highway 7,881
Infrastructure Bank -
Bonds $ 50,000,000 $ 40,000,000 7,883
TOTAL 045 Infrastructure Bank 7,884
Obligations Fund Group $ 50,000,000 $ 40,000,000 7,887
TOTAL ALL BUDGET FUND GROUPS - 7,888
Highway Construction $1,325,664,975 $1,329,011,212 7,891
Highway Maintenance 7,893
Highway Operating Fund Group 7,895
002 773-431 Highway Maintenance - 7,898
State $ 311,356,900 $ 313,925,600 7,900
188
TOTAL HOF Highway Operating 7,901
Fund Group $ 311,356,900 $ 313,925,600 7,904
TOTAL ALL BUDGET FUND GROUPS - 7,908
Highway Maintenance $ 311,356,900 $ 313,925,600 7,911
Intermodal Transportation 7,914
State Special Revenue Fund Group 7,916
4Y2 774-444 Congestion Mitigation 7,919
Revolving Fund $ 50,000 $ 50,000 7,921
TOTAL SSR State Special Revenue $ 50,000 $ 50,000 7,923
Fund Group
TOTAL ALL BUDGET FUND GROUPS - 7,924
Intermodal Transportation $ 50,000 $ 50,000 7,927
Public Transportation 7,930
Highway Operating Fund Group 7,931
002 775-452 Public Transportation 7,934
- Federal $ 39,600,000 $ 39,600,000 7,936
002 775-454 Public Transportation 7,938
- Other $ 1,250,000 $ 1,250,000 7,940
002 775-459 Elderly and Disabled 7,942
Special Equipment -
Federal $ 3,740,000 $ 3,740,000 7,944
212 775-406 Transit 7,946
Infrastructure Bank -
Federal $ 6,000,000 $ 5,000,000 7,948
212 775-407 Transit 7,950
Infrastructure Bank -
State $ 0 $ 1,000,000 7,952
212 775-408 Transit 7,954
Infrastructure Bank -
Other $ 2,000,000 $ 1,000,000 7,956
TOTAL HOF Highway Operating 7,957
Fund Group $ 52,590,000 $ 51,590,000 7,960
TOTAL ALL BUDGET FUND GROUPS - 7,963
Public Transportation $ 52,590,000 $ 51,590,000 7,966
189
Rail Transportation 7,968
Highway Operating Fund Group 7,970
002 776-462 Grade Crossings - 7,973
Federal $ 15,000,000 $ 15,000,000 7,975
TOTAL HOF Highway Operating 7,976
Fund Group $ 15,000,000 $ 15,000,000 7,979
State Special Revenue Fund Group 7,982
4N4 776-661 Rail Transportation - 7,985
State $ 5,392,000 $ 5,388,000 7,987
4N4 776-663 Panhandle Lease 7,989
Payments $ 758,000 $ 762,000 7,991
4N4 776-664 Rail Transportation - 7,993
Other $ 500,000 $ 500,000 7,995
TOTAL SSR State Special Revenue 7,996
Fund Group $ 6,650,000 $ 6,650,000 7,999
Federal Special Revenue Fund Group 8,002
3B9 776-662 Rail Transportation - 8,005
Federal $ 1,000,000 $ 1,000,000 8,007
TOTAL FED Federal Special Revenue 8,008
Fund Group $ 1,000,000 $ 1,000,000 8,011
TOTAL ALL BUDGET FUND GROUPS - 8,012
Rail Transportation $ 22,650,000 $ 22,650,000 8,015
Aviation 8,018
Highway Operating Fund Group 8,020
002 777-472 Airport Improvements 8,023
- Federal $ 405,000 $ 405,000 8,025
002 777-475 Aviation 8,027
Administration $ 4,001,984 $ 4,044,108 8,029
213 777-477 Aviation 8,031
Infrastructure Bank -
State $ 1,000,000 $ 1,000,000 8,033
TOTAL HOF Highway Operating 8,034
Fund Group $ 5,406,984 $ 5,449,108 8,037
190
TOTAL ALL BUDGET FUND GROUPS - 8,038
Aviation $ 5,406,984 $ 5,449,108 8,041
Administration 8,044
Highway Operating Fund Group 8,046
002 779-491 Administration - 8,049
State $ 111,020,200 $ 107,292,600 8,051
4T5 770-609 ODOT Memorial $ 20,000 $ 0 8,055
TOTAL HOF Highway Operating 8,056
Fund Group $ 111,040,200 $ 107,292,600 8,059
TOTAL ALL BUDGET FUND GROUPS - 8,060
Administration $ 111,040,200 $ 107,292,600 8,063
Debt Service 8,066
Highway Operating Fund Group 8,068
002 770-003 Administration - 8,071
State - Debt Service $ 16,420,000 $ 19,567,000 8,073
TOTAL HOF Highway Operating 8,074
Fund Group $ 16,420,000 $ 19,567,000 8,077
TOTAL ALL BUDGET FUND GROUPS - 8,078
Debt Service $ 16,420,000 $ 19,567,000 8,081
TOTAL Department of Transportation 8,084
TOTAL HOF Highway Operating 8,086
Fund Group $1,592,120,159 $1,615,099,920 8,089
TOTAL 042 Highway Capital 8,090
Improvement Fund Group $ 225,000,000 $ 215,000,000 8,093
TOTAL 045 Infrastructure Bank 8,094
Obligations Fund Group $ 50,000,000 $ 40,000,000 8,097
TOTAL SSR State Special Revenue 8,098
Fund Group $ 6,700,000 $ 6,700,000 8,101
TOTAL FED Federal Special Revenue 8,102
Fund Group $ 1,000,000 $ 1,000,000 8,105
TOTAL ALL BUDGET FUND GROUPS $1,874,820,159 $1,877,799,920 8,108
Section 7.01. Issuance of Bonds 8,111
The Commissioners of the Sinking Fund, upon the request of 8,113
the Director of Transportation, are hereby authorized to issue 8,114
191
and sell, in accordance with the provisions of Section 2m of 8,115
Article VIII, Ohio Constitution, and sections 5528.51 and 5528.56 8,116
of the Revised Code, obligations, including bonds and notes, of 8,117
the State of Ohio in the aggregate amount of $320,000,000 of
original issuance obligations. 8,118
The obligations shall be dated, issued, and sold from time 8,120
to time in such amounts as may be necessary to provide sufficient 8,121
moneys to the credit of the Highway Capital Improvement Fund 8,122
(Fund 042) created by section 5538.53 of the Revised Code to pay 8,123
costs charged to the fund when due as estimated by the Director 8,124
of Transportation, provided, however, that such obligations shall
be issued and sold at such time or times so that not more than 8,125
$220,000,000 original principal amount of obligations, plus the 8,126
principal amount of obligations that in prior fiscal years could 8,127
have been, but were not issued within the $220,000,000 limit, may 8,128
be issued in any fiscal year, and not more than $1,200,000,000 8,129
original principal amount of obligations issued pursuant to 8,130
Section 2m of Article VIII, Ohio Constitution, and sections
5528.51 and 5528.56 of the Revised Code are outstanding at any 8,131
one time.
Bond Funds Transfer 8,133
The Director of Budget and Management may cancel 8,135
encumbrances associated with Highway Obligations Construction 8,136
Fund (Fund 041) appropriations and reestablish such encumbrances 8,137
or parts of encumbrances as needed in fiscal year 1998 in the 8,138
Highway Capital Improvement Fund (Fund 042) appropriation item 8,139
772-723, Highway Construction - Bonds, for the same purpose and
to the same vendor. As determined by the Director, the 8,140
appropriation authority necessary to reestablish such 8,141
encumbrances in fiscal year 1998 in Fund 042 is hereby 8,142
authorized. The Director shall reduce each year's appropriation
balances by the amount of the encumbrances cancelled in its 8,143
respective line item. As determined by the Director, any cash 8,144
balance remaining in Fund 041 may be transferred to Fund 042. 8,145
192
Section 7.02. Major New Construction 8,147
For major new highway construction projects, the Department 8,149
of Transportation shall use at least $314,500,000 in fiscal year 8,150
1998 and at least $156,500,000 in fiscal year 1999 from all 8,151
available sources.
Section 7.03. Maintenance Interstate Highways 8,153
The Director of Transportation may remove snow and ice, and 8,155
maintain, repair, improve, or provide lighting upon interstate 8,156
highways which are located within the boundaries of municipal 8,157
corporations, adequate to meet the requirements of federal law. 8,159
When agreed in writing by the director and the legislative
authority of a municipal corporation, and notwithstanding 8,160
sections 125.01 and 125.11 of the Revised Code, the Department of 8,161
Transportation may reimburse the municipal corporation for all or 8,162
any part of the costs, as provided by such agreement, incurred by 8,163
the municipal corporation maintaining, repairing, lighting, and 8,164
removing snow and ice from the interstate system. 8,165
Section 7.04. Transfer of Appropriations - Planning and 8,167
Research, Highway Construction, Maintenance and Administration 8,168
The Director of Budget and Management may approve requests 8,170
from the Department of Transportation, for transfer of funds 8,171
among the appropriations for highway planning and research (line 8,172
items 771-411 and 771-412), highway construction (line items 8,173
772-421, 772-422, and 772-424), highway maintenance (line item 8,174
773-431), and highway administration (line item 779-491). 8,176
Transfers between appropriation items shall be made upon the 8,178
written request of the Director of Transportation with the 8,179
approval of the Director of Budget and Management. Such 8,180
transfers shall be reported to the Controlling Board at the next 8,181
regularly scheduled meeting of the board. 8,182
This transfer language is intended to provide for emergency 8,184
situations and flexibility to meet unforeseen conditions that 8,185
could arise during the budget period. This will also allow the 8,186
Department to optimize the use of available resources, and adjust 8,187
193
to circumstances affecting the obligation and expenditure of 8,188
federal funds. 8,189
Transfer of Appropriations - State Infrastructure Bank 8,191
The Director of Budget and Management may approve requests 8,193
from the Department of Transportation for transfer of funds among 8,194
the appropriations of the Infrastructure Bank funds created in 8,195
section 5531.09 of the Revised Code, including transfers between 8,196
fiscal years 1998 and 1999. Such transfers shall be reported to 8,197
the Controlling Board at the next regularly scheduled meeting of 8,198
the board. However, the Director may not make transfers out of
debt service and lease payment line items unless the Director 8,199
determines that the appropriated amounts exceed the actual and 8,200
projected debt, rental, or lease payments. 8,201
The Director of Budget and Management may approve requests 8,203
from the Department of Transportation for transfer of funds from 8,204
appropriations of the Highway Operating Fund (Fund 002) to 8,205
appropriations of the Infrastructure Bank funds created in 8,206
section 5531.09 of the Revised Code. Such transfers shall be
reported to the Controlling Board at the next regularly scheduled 8,207
meeting of the board. However, the Director may not make 8,208
transfers between modes and transfers between different funding 8,209
sources. 8,210
Transfer of Appropriations - Public Transportation 8,212
The Director of Budget and Management may approve requests 8,214
from the Department of Transportation for transfer of funds 8,215
between appropriation item 775-451, Public Transportation - 8,216
State, and 775-456, Public Transportation - Discretionary 8,217
Capital.
Increase Appropriation Authority - State Funds 8,219
In the event that revenues or unexpended balances, credited 8,221
to the Highway Operating Fund, exceed the estimates upon which 8,222
the appropriations have been made in this act, the Director of 8,223
Transportation may submit a request to the Controlling Board for 8,224
increased appropriation authority in the same manner as 8,225
194
prescribed in section 131.35 of the Revised Code. Such 8,227
additional revenues or unexpended balances are hereby 8,228
appropriated to the Department of Transportation when authorized 8,229
by the Controlling Board.
Increase Appropriation Authority - Federal and Local Funds 8,232
In the event that receipts or unexpended balances credited 8,234
to the Highway Operating Fund, or apportionments or allocations 8,235
made available from the federal and local government exceed the 8,236
estimates upon which the appropriations have been made in this 8,238
act, such excess is hereby appropriated and may be added to the 8,240
appropriate item or items when requested by the Director of 8,241
Transportation and approved by the Director of Budget and 8,242
Management and the Controlling Board.
Reappropriations 8,244
All appropriations of the Highway Operating Fund (Fund 002) 8,246
and the Highway Capital Improvement Fund (Fund 042) remaining 8,247
unencumbered on June 30, 1997, and the unexpended balance of 8,249
prior years' appropriations that subsequently become unencumbered 8,250
after June 30, 1997, subject to the availability of revenue as 8,252
determined by the Director of Transportation, are hereby 8,253
reappropriated for the same purpose in fiscal year 1998 upon the 8,254
request of the Director of Transportation with the approval of 8,256
the Director of Budget and Management. Such reappropriations 8,257
shall be reported to the Controlling Board at the next regularly 8,258
scheduled meeting of the board.
All appropriations of the Highway Operating Fund (Fund 002) 8,260
and the Highway Capital Improvement Fund (Fund 042) in this act 8,261
remaining unencumbered as of June 30, 1998, are reappropriated 8,262
for use during fiscal year 1999 for the same purpose. The 8,263
department shall report all such reappropriations to the 8,265
Controlling Board.
Section 7.05. Public Access Roads for State Facilities 8,267
Of the foregoing appropriation item 772-421, Highway 8,269
Construction - State, $2,965,000 is to be used each fiscal year 8,270
195
during the 1997-1999 biennium by the Department of Transportation 8,271
for the construction, reconstruction, or maintenance of public 8,272
access roads, including support features, to and within state 8,273
facilities owned or operated by the Department of Natural 8,274
Resources, as requested by the Director of Natural Resources. 8,275
Notwithstanding section 5511.06 of the Revised Code, of the 8,277
foregoing appropriation item 772-421, Highway Construction - 8,278
State, $2,100,000 in each fiscal year of the 1997-1999 biennium 8,279
shall be used by the Department of Transportation for the 8,280
construction, reconstruction, or maintenance of park drives or 8,281
park roads within the boundaries of metropolitan parks. 8,282
Included in the foregoing appropriation item 772-421, 8,284
Highway Construction - State, the department may perform related 8,286
road work on behalf of the Ohio Expositions Commission at the 8,287
state fairgrounds. This includes reconstruction or maintenance 8,289
of public access roads, including support features, to and within 8,291
the facilities as requested by the commission and approved by the 8,292
Director of Transportation. 8,293
Liquidation of Unforeseen Liabilities 8,295
Any appropriation made to the Department of Transportation, 8,297
Highway Operating Fund, not otherwise restricted by law, is 8,298
available to liquidate unforeseen liabilities arising from 8,300
contractual agreements of prior years when the prior year 8,301
encumbrance is insufficient. 8,302
Congestion Mitigation 8,304
The foregoing appropriation item 774-444, Congestion 8,306
Mitigation Revolving Fund, shall be used to make loans or grants 8,307
for the construction, reconstruction, resurfacing, restoring, 8,308
rehabilitation, or replacement of public or private 8,309
transportation facilities as eligible under United States Code, 8,310
Title XXIII. Fund revenues shall include, but are not limited
to, payments received from any public or private agency in 8,311
repayment of a loan previously made from the fund or pursuant to 8,312
23 U.S.C. 129(a)(7) or successor legislation; interest or other 8,313
196
income earned on the investment of moneys in the fund; and any 8,314
additional moneys made available from any sources, public or
private, for the purposes for which the fund has been 8,315
established.
Lease Payments 8,317
Within the Rail Development Fund (4N4), the amount of the 8,319
foregoing appropriation item 776-663, Panhandle Lease Payments, 8,320
shall be used to meet scheduled payments for the Panhandle Rail 8,321
Line. The Director of Transportation shall certify to the 8,322
Director of Budget and Management any appropriations in line item 8,323
776-663, Panhandle Lease Payments, that are not needed to make 8,324
lease payments for the Panhandle Rail Line. Notwithstanding 8,325
section 127.14 of the Revised Code, the amount certified is 8,326
hereby transferred to appropriation item 776-661, Rail 8,327
Transportation - State. Such transfers shall be reported by the 8,328
Director of Transportation to the Controlling Board at the next 8,329
regularly scheduled meeting of the board. 8,330
Section 7.06. Department of Taxation 8,332
Of the foregoing appropriation item 779-491, 8,334
Administration-State, $4,300,000 each fiscal year of the 8,335
1997-1999 biennium shall be transferred to the General Revenue 8,336
Fund for reimbursement of the services provided by the Department 8,338
of Taxation pursuant to sections 5728.08, 5735.26, and 5735.29 of 8,339
the Revised Code. The Director of Transportation shall make such 8,340
transfer upon the receipt of a written request from the Director 8,341
of Budget and Management. 8,342
Rental Payments - OBA 8,344
The foregoing appropriation item 770-003, Administration - 8,346
State - Debt Service, shall be used to pay rent to the Ohio 8,347
Building Authority for various capital facilities to be 8,349
constructed, reconstructed, or rehabilitated for the use of the 8,351
Department of Transportation, including the department's plant 8,352
and facilities at its central office, field districts, and county 8,353
and outpost locations. The rental payments shall be made from 8,354
197
revenues received from the motor vehicle fuel tax. The amounts 8,355
of any bonds and notes to finance such capital facilities shall 8,356
be at the request of the Director of Transportation. 8,357
Notwithstanding section 152.24 of the Revised Code, the Ohio 8,358
Building Authority may, with approval of the Office of Budget and 8,359
Management, lease capital facilities to the Department of 8,360
Transportation.
The Director of Transportation shall hold title to any land 8,362
purchased and any resulting structures that are attributable to 8,363
this appropriation item. Notwithstanding section 152.18 of the 8,365
Revised Code, the Director of Transportation shall administer any 8,367
purchase of land and any contract for construction, 8,369
reconstruction, and rehabilitation of facilities as a result of 8,370
this appropriation.
Should the appropriation and any reappropriations from 8,372
prior years in item 770-003 exceed the rental payments for fiscal 8,373
years 1998 or 1999, then prior to June 30, 1999, the balance may 8,374
be transferred to either item 772-421, 773-431, or 779-491. Such 8,376
transfer shall be requested by the Director of Transportation 8,377
with approval by the Director of Budget and Management. 8,378
Transfers shall be reported to the Controlling Board at the next 8,379
regularly scheduled meeting of the board. 8,380
Section 7.07. Public Transportation Highway Purpose Grants 8,382
The Director of Transportation is authorized to use funds 8,384
from the state motor vehicle fuel tax to match approved federal 8,386
grants awarded to the Department of Transportation, regional 8,388
transit authorities, or eligible public transportation systems, 8,390
for public transportation highway purposes, or to support local 8,391
or state funded projects for public transportation highway 8,392
purposes. Public transportation highway purposes include: the 8,394
construction or repair of high occupancy vehicle traffic lanes; 8,396
the acquisition or construction of park-and-ride facilities; the 8,398
acquisition or construction of public transportation vehicle 8,400
loops; the construction or repair of bridges used by public 8,402
198
transportation vehicles or which are the responsibility of a 8,403
regional transit authority or other public transportation system; 8,404
or other similar construction which is designated as an eligible 8,406
public transportation highway purpose. These motor vehicle fuel 8,408
tax revenues may not be used for operating assistance or for the 8,409
purchase of vehicles, equipment, or maintenance facilities. 8,410
Section 7.08. Columbiana County Port Authority 8,412
The earmark for the Columbiana County Port Authority in Am. 8,414
Sub. S.B. 310 of the 121st General Assembly shall be used for the 8,415
Wellsville Intermodel Facility. 8,416
Section 8. DHS DEPARTMENT OF PUBLIC SAFETY 8,418
Highway Safety Information and Education 8,419
State Highway Safety Fund Group 8,421
036 761-321 Operating Expense - 8,424
Information and
Education $ 3,104,533 $ 3,105,715 8,426
036 761-402 Traffic Safety Match $ 277,137 $ 277,137 8,430
831 761-610 Information and 8,432
Education - Federal $ 473,835 $ 486,625 8,434
83N 761-611 Elementary School 8,436
Seat Belt Program $ 343,255 $ 352,790 8,438
832 761-612 Traffic 8,440
Safety-Federal $ 11,600,000 $ 11,600,000 8,442
844 761-613 Seat Belt Education 8,444
Program $ 205,000 $ 204,050 8,446
846 761-625 Motorcycle Safety 8,448
Education $ 1,344,020 $ 1,383,438 8,450
847 761-622 Film Production 8,452
Reimbursement $ 40,766 $ 41,906 8,454
TOTAL HSF State Highway Safety 8,455
Fund Group $ 17,388,546 $ 17,451,661 8,458
TOTAL ALL BUDGET FUND GROUPS - 8,459
Highway Safety Information 8,460
and Education $ 17,388,546 $ 17,451,661 8,463
199
Traffic Safety Grant Program 8,466
Of the foregoing appropriation item 761-321, Operating 8,468
Expense - Information and Education, up to $100,000 in fiscal 8,469
year 1998 and up to $100,000 in fiscal year 1999 shall be used by 8,471
the Department of Public Safety to fund the department's Traffic 8,472
Safety Grant Program. The department shall develop necessary 8,473
criteria to administer the program. The award of grants 8,474
resulting from this program shall be made as subsidy payments to 8,475
participants selected by the Department of Public Safety. 8,477
Federal Highway Safety Program Match 8,479
The foregoing appropriation item 761-402, Traffic Safety 8,481
Match, shall be used to provide the nonfederal portion of the 8,482
federal Highway Safety Program. Upon request by the Director of 8,483
Public Safety and approval by the Director of Budget and 8,484
Management, appropriation item 761-402 shall be used to transfer 8,485
funds from the Highway Safety Fund to the Traffic Safety - 8,486
Federal Fund (Fund 832), at the beginning of each fiscal year on 8,488
an intrastate transfer voucher. 8,489
Film Production Reimbursement 8,491
The foregoing appropriation item 761-622, Film Production 8,493
Reimbursement, shall be used by the Division of Administration of 8,494
the Department of Public Safety for the purpose of providing a 8,496
method of collection from other state agencies for services and 8,498
supplies provided for production of public service announcements 8,499
and training materials. These funds shall be expended only for 8,501
supplies and the maintenance of equipment necessary to perform 8,503
such services.
Section 8.01. Bureau of Motor Vehicles 8,504
State Special Revenue Fund Group 8,506
4U0 762-638 Collegiate License 8,509
Plate Program $ 231,094 $ 237,565 8,511
4U2 762-641 Pro Football Hall of 8,513
Fame License Plate
Program $ 240,552 $ 247,287 8,515
200
539 762-614 Motor Vehicle Dealers 8,517
Board $ 210,752 $ 216,615 8,519
TOTAL SSR State Special Revenue 8,520
Fund Group $ 682,398 $ 701,467 8,523
State Highway Safety Fund Group 8,527
4W4 762-321 Operating Expense-BMV $ 54,521,811 $ 55,369,485 8,532
4W4 762-410 License Supplement $ 22,637,024 $ 23,261,528 8,536
83E 762-632 Central Registration 8,538
Fund $ 8,578,095 $ 8,815,058 8,540
83L 762-636 Facility Rentals $ 591,100 $ 607,651 8,544
83R 762-639 Law Enforcement 8,546
Reimbursement $ 1,200,000 $ 1,233,600 8,548
835 762-616 Financial 8,550
Responsibility
Compliance $ 5,117,883 $ 5,249,359 8,552
849 762-627 Automated Title 8,554
Processing Board $ 8,802,254 $ 11,273,129 8,556
TOTAL HSF State Highway Safety 8,557
Fund Group $ 101,448,167 $ 105,809,810 8,560
TOTAL ALL BUDGET FUND GROUPS - 8,561
Bureau of Motor Vehicles $ 102,130,565 $ 106,511,277 8,564
Motor Vehicle Registrations 8,567
The Registrar of the Bureau of Motor Vehicles may deposit 8,569
revenues equal to any estimated deficiency in the State Bureau of 8,570
Motor Vehicles Fund (Fund 4W4) established in section 4501.25 of 8,571
the Revised Code, obtained pursuant to sections 4503.02 and 8,572
4504.02 of the Revised Code to support in part appropriations for 8,574
operating expenses and to defray the cost of manufacturing and 8,575
distributing license plates and license plate stickers and 8,576
enforcing the law relative to the operation and registration of 8,577
motor vehicles. Notwithstanding the provisions of section 8,578
4501.03 of the Revised Code, the above amount shall be paid into 8,579
the State Bureau of Motor Vehicles Fund before any revenues 8,580
201
obtained pursuant to sections 4503.02 and 4504.02 of the Revised 8,581
Code are paid into any other fund. The deposit of revenues to 8,583
meet the aforementioned deficiency shall be in approximate equal 8,584
amounts on a monthly basis or as otherwise determined by the 8,585
Director of Budget and Management pursuant to a plan submitted by 8,586
the Registrar of the Bureau of Motor Vehicles.
Special Plates Funds 8,588
As of December 1, 1997, all revenue and uses previously 8,589
ascribed to the Lake Erie License Plate Fund (Fund 4U1), line 8,590
item 762-640, including all assets and obligations, and the 8,591
Scenic Rivers License Plate Fund (Fund 4U3), line item 762-642, 8,592
including all assets and obligations, shall be assumed by the
State Bureau of Motor Vehicles Fund (Fund 4W4), line item 8,593
762-410, License Supplement. 8,594
Before December 1, 1997, the Registrar of Motor Vehicles 8,595
shall certify to the Director of Budget and Management the 8,596
revenues and uses, including assets and obligations, of the 8,597
Collegiate License Plate Fund (Fund 4U0), line item 762-638, that 8,598
are related to the ten-dollar OBMV fee referred to in section 8,599
4503.51 of the Revised Code. Such revenue and uses shall be
assumed by Fund 4W4, line item 762-410, License Supplement. 8,600
Before December 1, 1997, the Registrar shall certify to the 8,602
Director of Budget and Management the revenues and uses, 8,603
including assets and obligations, of the Pro Football Hall of 8,604
Fame License Plate Fund (Fund 4U2), line item 762-641, that are 8,605
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 8,606
Fund 4W4, line item 762-410, License Supplement. 8,607
Credit Card Program 8,609
Notwithstanding any provisions of law to the contrary, the 8,611
Department of Public Safety may request Controlling Board 8,612
approval to increase the appropriation authority for Fund 4W4 8,614
line item 762-321, Operating Expense-Bureau of Motor Vehicles, 8,616
should the Credit Card Payment Program as prescribed in Sub. S.B. 8,618
202
338 of the 118th General Assembly be reinstated. 8,620
Capital Projects 8,622
The Registrar of Motor Vehicles may transfer revenue from 8,626
the State Bureau of Motor Vehicles Fund (Fund 4W4) to the State 8,627
Highway Safety Fund (Fund 036) to meet its obligations for 8,628
capital projects CIR-047, Department of Public Safety Office 8,629
Building, and CIR-049, Warehouse Facility. 8,630
Section 8.02. Enforcement 8,631
State Highway Safety Fund Group 8,632
036 764-033 Minor Capital 8,635
Projects $ 1,580,366 $ 1,626,653 8,637
036 764-321 Operating Expense - 8,639
Highway Patrol $ 146,441,857 $ 151,325,653 8,641
83C 764-630 Contraband, 8,643
Forfeiture, Other $ 538,872 $ 552,987 8,645
83F 764-657 Law Enforcement Auto. 8,647
Data System $ 4,504,514 $ 4,628,413 8,649
83G 764-633 OMVI Fines $ 682,500 $ 682,500 8,653
831 764-610 Patrol/Federal $ 1,842,299 $ 1,889,326 8,657
831 764-659 Transportation 8,659
Enforcement - Federal $ 2,233,985 $ 2,290,057 8,661
837 764-602 Turnpike Policing $ 7,456,845 $ 7,647,183 8,665
838 764-606 Patrol Reimbursement $ 275,000 $ 275,000 8,669
840 764-607 State Fair Security $ 1,195,932 $ 1,220,451 8,673
840 764-617 Security and 8,675
Investigations $ 3,536,100 $ 3,616,597 8,677
840 764-626 State Fairgrounds 8,679
Police Force $ 655,271 $ 671,946 8,681
841 764-603 Salvage and Exchange 8,683
- Highway Patrol $ 1,126,644 $ 1,155,410 8,685
TOTAL HSF State Highway Safety 8,686
Fund Group $ 172,070,205 $ 177,582,176 8,689
General Services Fund Group 8,692
452 764-660 MARCS Maintenance $ 193,577 $ 383,369 8,697
203
TOTAL GSF General Services 8,698
Fund Group $ 193,577 $ 383,369 8,701
TOTAL ALL BUDGET FUND GROUPS - 8,702
Enforcement $ 172,263,782 $ 177,965,545 8,705
Collective Bargaining Increases 8,708
Notwithstanding division (D) of section 127.14 and division 8,710
(B) of section 132.35 of the Revised Code, except for the General 8,711
Revenue Fund, the Controlling Board may, upon the request of 8,713
either the Director of Budget and Management, or the Department 8,714
of Public Safety with the approval of the Director of Budget and 8,716
Management, increase appropriations for any fund, as necessary 8,718
for the Department of Public Safety, to assist in paying the 8,719
costs of increases in employee compensation that have occurred 8,721
that are provided pursuant to Collective Bargaining agreements 8,722
under Chapter 4117. of the Revised Code and, for exempt 8,723
employees, under section 124.152 of the Revised Code. 8,724
Section 8.03. Emergency Medical Services 8,726
State Highway Safety Fund Group 8,728
83M 765-624 Emergency Medical 8,731
Services $ 1,300,465 $ 1,334,226 8,733
83P 765-637 EMS Grants $ 3,000,000 $ 3,000,000 8,737
831 765-610 EMS/Federal $ 250,000 $ 250,000 8,741
TOTAL HSF State Highway Safety 8,742
Fund Group $ 4,550,465 $ 4,584,226 8,745
TOTAL ALL BUDGET FUND GROUPS - 8,746
Emergency Medical Services $ 4,550,465 $ 4,584,226 8,749
Section 8.04. Special Enforcement 8,752
State Highway Safety Fund Group 8,754
831 767-610 Liquor Enforcement - 8,758
Federal $ 50,000 $ 50,000 8,760
831 769-610 Food Stamp 8,762
Trafficking
Enforcement - Federal $ 702,871 $ 721,222 8,764
TOTAL HSF State Highway Safety 8,765
204
Fund Group $ 752,871 $ 771,222 8,768
Liquor Control Fund Group 8,771
043 767-321 Liquor Enforcement - 8,774
Operations $ 7,582,426 $ 7,775,467 8,776
TOTAL LCF Liquor Control Fund 8,777
Group $ 7,582,426 $ 7,775,467 8,780
State Special Revenue Fund Group 8,783
4M3 769-656 Food Stamp 8,786
Contraband,
Forfeiture, and Other $ 50,000 $ 50,000 8,788
863 767-643 Liquor Enforcement 8,790
Contraband,
Forfeiture, and Other $ 308,393 $ 317,018 8,792
TOTAL SSR State Special Revenue 8,793
Fund Group $ 358,393 $ 367,018 8,796
TOTAL ALL BUDGET FUND GROUPS - 8,797
Special Enforcement $ 8,693,690 $ 8,913,707 8,800
Section 8.05. Emergency Management 8,803
Federal Special Revenue Fund Group 8,805
3N5 763-644 U.S. DOE Agreement $ 250,843 $ 255,545 8,811
329 763-645 IFG Federal 8,813
Match/NOAA $ 750,000 $ 750,000 8,815
337 763-609 Federal Disaster 8,817
Relief $ 750,000 $ 750,000 8,819
338 763-646 Direction, Control 8,821
and Warning $ 175,000 $ 175,000 8,823
339 763-647 Emergency Management 8,825
Assistance and
Training $ 3,743,176 $ 3,754,639 8,827
347 763-650 Emergency Operating 8,829
Centers $ 750,000 $ 750,000 8,831
TOTAL FED Federal Special 8,832
Revenue Fund Group $ 6,419,019 $ 6,435,184 8,835
General Services Fund Group 8,838
205
4V3 763-662 Storms/NOAA 8,841
Maintenance $ 57,000 $ 57,000 8,843
4W6 763-663 MARCS Operations $ 222,000 $ 1,090,000 8,847
533 763-601 State Disaster Relief $ 336,452 $ 345,673 8,851
TOTAL GSF General Services 8,852
Fund Group $ 615,452 $ 1,492,673 8,855
State Special Revenue Fund Group 8,858
4Y0 763-654 EMA Utility Payment $ 140,000 $ 140,000 8,864
4Y1 763-655 Salvage & 8,866
Exchange-EMA $ 25,700 $ 26,420 8,868
538 763-651 Radiological 8,870
Emergency Response $ 518,496 $ 532,074 8,872
657 763-652 Utility Radiological 8,874
Safety $ 541,156 $ 555,236 8,876
681 763-653 SARA Title III HAZMAT 8,878
Planning $ 227,446 $ 227,446 8,880
TOTAL SSR State Special Revenue 8,881
Fund Group $ 1,452,798 $ 1,481,176 8,883
TOTAL ALL BUDGET FUND GROUPS - 8,884
Emergency Management $ 8,487,269 $ 9,409,033 8,887
Federal Grant 8,890
As determined by the Director of Budget and Management, any 8,892
portion of the Emergency Management State and Local Assistance 8,893
federal grant which would otherwise reimburse the General Revenue 8,894
Fund for expenses incurred by the Emergency Management Agency in 8,895
fiscal year 1997, may be deposited in Emergency Management's 8,896
Personnel Administration Subdivisions Fund (Fund 339) so that the
fund may avoid cash flow problems in the 1997-1999 biennium. 8,897
MARCS Fund Transfer 8,899
In the event that the Emergency Management Agency is not 8,901
designated by the Director of the Department of Administrative 8,902
Services as the agency to operate the Multi Agency Radio 8,903
Communications System (MARCS), the Director of Budget and 8,904
Management with the concurrence of the Director of Public Safety
206
and the approval of the Controlling Board, shall transfer the 8,905
MARCS System Operations Fund (Fund 4W6) and line item 763-663, 8,906
MARCS Operations, from the Emergency Management Agency to the 8,907
state agency that is designated by the Director of Administrative 8,908
Services as the caretaker of the operation of the Multi Agency
Radio Communication System. 8,909
SARA Title III HAZMAT Planning 8,911
The SARA Title III HAZMAT Planning Fund (Fund 681) shall 8,913
receive grant funds from the Emergency Response Commission to 8,914
implement the Emergency Management Agency's responsibilities 8,915
under Sub. S.B. 367 of the 117th General Assembly.
Federal Reimbursement Agreements 8,917
Notwithstanding any other provision of law to the contrary, 8,919
in the event that changes in federal reimbursement agreements 8,920
require additional resources to be expended by the state prior to 8,921
the receipt of federal reimbursement, the Director of Budget and 8,922
Management may, upon request of the Director of Public Safety, 8,923
transfer appropriation authority between General Revenue Fund
line items and may use general services and state special revenue 8,924
funds for this purpose in fiscal year 1998. 8,925
Section 8.06. Administration 8,927
State Highway Safety Fund Group 8,929
036 766-321 Operating Expense - 8,932
Administration $ 3,320,029 $ 3,317,217 8,934
830 761-603 Salvage and Exchange 8,936
- Administration $ 19,563 $ 20,111 8,938
TOTAL HSF State Highway Safety 8,939
Fund Group $ 3,339,592 $ 3,337,328 8,942
General Services Fund Group 8,945
4S3 766-661 Hilltop Utility 8,948
Reimbursement $ 1,000,000 $ 1,500,000 8,950
5C7 762-664 Data Services $ 4,933,326 $ 4,787,971 8,953
5C8 764-665 Hilltop Security $ 868,051 $ 902,304 8,957
TOTAL GSF General Services 8,958
207
Fund Group $ 6,801,377 $ 7,190,275 8,961
TOTAL ALL BUDGET FUND GROUPS - 8,962
Administration $ 10,140,969 $ 10,527,603 8,965
Section 8.07. Debt Service 8,968
State Highway Safety Fund Group 8,970
036 761-401 Lease Rental Payments $ 9,115,000 $ 13,339,000 8,975
TOTAL HSF State Highway Safety 8,976
Fund Group $ 9,115,000 $ 13,339,000 8,979
TOTAL ALL BUDGET FUND GROUPS - 8,980
Debt Service $ 9,115,000 $ 13,339,000 8,983
OBA Bond Authority/Lease Rental Payments 8,986
The foregoing appropriation item 761-401, Lease Rental 8,988
Payments, shall be used for payments to the Ohio Building 8,989
Authority for the period July 1, 1997, to June 30, 1999, pursuant 8,990
to the primary leases and agreements for those buildings made 8,991
under Chapter 152. of the Revised Code which are pledged for bond 8,992
service charges on related obligations issued pursuant to Chapter 8,993
152. of the Revised Code. Notwithstanding section 152.24 of the 8,994
Revised Code, the Ohio Building Authority may, with approval of 8,995
the Office of Budget and Management, lease capital facilities to 8,996
the Department of Public Safety. 8,997
Hilltop Transfer 8,999
The Director of Public Safety shall determine, per an 9,001
agreement with the Director of Transportation, the share of each 9,002
debt service payment made out of line item 761-401, Lease Rental 9,003
Payments, which relates to the Department of Transportation's 9,004
portion of the Hilltop Building Project, and shall certify to the 9,005
Director of Budget and Management the amounts of this share. The
Director of Budget and Management shall transfer such shares from 9,006
the Highway Operating Fund (Fund 002) to the Highway Safety Fund 9,007
(Fund 036).
Section 8.08. Revenue Distribution 9,009
Holding Account Redistribution Fund Group 9,011
R24 762-619 Unidentified Motor 9,014
208
Vehicle Receipts $ 1,600,000 $ 1,600,000 9,016
R27 764-608 Patrol Fee Refunds $ 35,000 $ 35,000 9,020
TOTAL 090 Holding Account 9,021
Redistribution Fund Group $ 1,635,000 $ 1,635,000 9,024
TOTAL ALL BUDGET FUND GROUPS - 9,025
Revenue Distribution $ 1,635,000 $ 1,635,000 9,028
TOTAL Department of Public Safety 9,030
TOTAL HSF State Highway Safety 9,032
Fund Group $ 308,664,846 $ 322,875,423 9,035
TOTAL SSR State Special Revenue 9,036
Fund Group $ 2,493,589 $ 2,549,661 9,039
TOTAL LCF Liquor Control 9,040
Fund Group $ 7,582,426 $ 7,775,467 9,043
TOTAL GSF General Services 9,044
Fund Group $ 7,610,406 $ 9,066,317 9,047
TOTAL FED Federal Revenue Special 9,048
Fund Group $ 6,419,019 $ 6,435,184 9,051
TOTAL 090 Holding Account 9,052
Redistribution
Fund Group $ 1,635,000 $ 1,635,000 9,055
TOTAL ALL BUDGET FUND GROUPS $ 334,405,286 $ 350,337,052 9,058
Section 8.09. Transfer of Funds 9,060
The Director of Budget and Management, pursuant to a plan 9,062
submitted by the Department of Public Safety or as otherwise 9,063
determined by the Director, shall set a monthly transfer schedule 9,064
to meet any estimated deficiency in the State Highway Safety Fund 9,065
(Fund 036) established in section 4501.06 of the Revised Code. 9,066
The Director shall transfer to the Highway Safety Fund from 9,068
the Highway Operating Fund (Fund 002) established in section 9,069
5735.291 of the Revised Code such amounts at such times as 9,070
determined by the transfer schedule. 9,071
Relocation to New Building 9,073
Notwithstanding sections 127.14 and 131.35 of the Revised 9,075
Code, the Department of Public Safety may request Controlling 9,076
209
Board approval to increase the appropriation for line items 9,078
761-321, Operating Expense - Information and Education; 761-612, 9,079
Traffic Safety - Federal; 761-625, Motorcycle Safety Education; 9,081
762-616, Financial Responsibility; 762-627, Automated Title 9,082
Processing Board; 762-632, Central Registration; 762-321,
Operating Expense - BMV; 762-410, License Supplement; 764-321, 9,084
Operating Expense - Highway Patrol; 765-624, Emergency Medical 9,085
Services; and, 766-321, Operating Expense - Administration, 9,086
during the biennium by the amount of anticipated expenses to be 9,087
incurred due to the relocation to a new physical facility which 9,089
were not included in the department's original budget submission. 9,090
Data Services Fund 9,092
Within five days of the effective date of this act, the 9,094
Director of Budget and Management shall transfer not more than 9,095
$669,877 from the Highway Safety Fund (Fund 036) and $519,086 9,096
from the Bureau of Motor Vehicles Fund (Fund 4W4) to the Data 9,097
Services Fund (Fund 5C7) to be used as seed money.
Cash Balance Fund Review 9,099
Not later than April 1 in each fiscal year of the biennium, 9,101
the Director of Budget and Management shall review the cash 9,103
balances for each fund, except the State Highway Safety Fund 9,105
(Fund 036), in the State Highway Safety Fund Group and with the 9,106
advice of the Legislative Budget Officer shall recommend to the 9,107
Controlling Board an amount to be transferred to the credit of 9,109
the State Highway Safety Fund, or the Bureau of Motor Vehicles 9,110
Fund, as appropriate.
Section 8.10. Ohio Criminal Justice Network 9,112
At any time on or after the later of July 1, 1997, or the 9,114
first day of the first pay period commencing after the effective 9,115
date of this section, the Ohio Criminal Justice Network is 9,116
transferred from the Department of Administrative Services to the 9,117
Department of Public Safety. The Department of Public Safety 9,118
thereupon and thereafter assumes these functions. 9,119
Any business commenced but not completed by the Department 9,121
210
of Administrative Services that relates to the operation of the 9,122
Ohio Criminal Justice Network on the effective date of this 9,123
section shall be completed by the Department of Administrative 9,124
Services. No validation, cure, right, privilege, remedy, 9,125
obligation, or liability is lost or impaired by reason of the 9,126
transfer required by this section and shall be administered by 9,127
the Department of Public Safety. 9,128
Subject to the layoff provisions of sections 124.321 to 9,130
124.328 of the Revised Code, all of the employees of the Ohio 9,131
Criminal Justice Network, as defined in the Memorandum of 9,132
Understanding, are transferred to the Department of Public 9,133
Safety.
Wherever any contract or other documents related to the 9,135
Ohio Criminal Justice Network refers to the Department of 9,136
Administrative Services, the references shall be deemed to refer 9,137
to the Department of Public Safety. 9,138
No action or proceeding pending on the effective date of 9,140
this section and relating to the Ohio Criminal Justice Network is 9,141
affected by the transfer, and such action or proceeding shall be 9,142
prosecuted or defended in the name of the Department of Public 9,143
Safety. In all such actions and proceedings the Department of 9,144
Public Safety shall be substituted for the Department of 9,145
Administrative Services upon application by another party to the 9,146
court or other appropriate tribunal. 9,147
The Department of Administrative Services and the 9,149
Department of Public Safety shall enter into a Memorandum of 9,150
Understanding to implement the transfer of the Ohio Criminal 9,151
Justice Network from the Department of Administrative Services to 9,152
the Department of Public Safety. This agreement shall provide 9,153
for the transfer of property and records, the cancellation and 9,154
issuance of encumbrances, a final cash reconciliation, including 9,155
payment of certain prepaid equipment costs incurred by the 9,156
Department of Administrative Services relative to this system, 9,157
and any other provision necessary for the transfer and continued 9,158
211
administration of the Ohio Criminal Justice Network. 9,159
After final reconciliation of revenues and expenses and in 9,161
accordance with the Memorandum of Understanding, the Department 9,162
of Administrative Services and the Department of Public Safety 9,163
shall determine the amount of the fund cash balance to be 9,164
transferred from the Department of Administrative Services to the 9,166
Department of Public Safety or from the Department of Public
Safety to the Department of Administrative Services. 9,167
Transfers of Balances to Ohio Criminal Justice Network 9,169
Notwithstanding any provision of law to the contrary, the 9,171
Director of Budget and Management is authorized to take the 9,172
actions as described in this section. This section applies to 9,173
budget changes made necessary by administrative reorganization, 9,175
program transfers, the creation of new funds, and the
consolidation of funds as authorized by this act. The Director 9,177
of Budget and Management may make any transfers of cash balances
between funds. At the request of the Office of Budget and 9,178
Management, the administering agency head shall certify to the 9,179
Director the amount of the cash balance to be transferred to the 9,180
receiving fund. The Director may transfer the estimated amount 9,182
when needed to make payments. No more than thirty days after 9,184
certifying the estimated amount the administering agency head 9,186
shall certify the final amount to the Director. The Director 9,187
shall transfer the difference between any estimated amount 9,188
previously transferred and such certified final amount. 9,190
The Director of Budget and Management may cancel 9,192
encumbrances and reestablish such encumbrances or parts of 9,193
encumbrances as needed in fiscal year 1998 in the appropriate 9,194
fund and appropriation line item for the same purpose and to the 9,196
same vendor. As determined by the Director, the appropriation
authority necessary to reestablish such encumbrances in fiscal 9,197
year 1998 in a different fund or appropriation line item within 9,198
an agency or between agencies is hereby authorized and 9,199
appropriated. The Director shall reduce each year's
212
appropriation balances by the amount of the encumbrances canceled 9,200
in their respective funds and appropriation line items. 9,201
Any fiscal year 1998 unencumbered or unalloted 9,203
appropriation balances may be transferred to the appropriate line 9,204
item to be used for the same purposes, as determined by the 9,205
Director of Budget and Management. 9,206
Section 9. DEV DEPARTMENT OF DEVELOPMENT 9,207
State Special Revenue Fund Group 9,209
4W0 195-629 Roadwork Development $ 14,270,000 $ 13,000,000 9,214
TOTAL SSR State Special Revenue 9,215
Fund Group $ 14,270,000 $ 13,000,000 9,218
TOTAL ALL BUDGET FUND GROUPS $ 14,270,000 $ 13,000,000 9,221
Roadwork Development Fund 9,223
The Roadwork Development Fund shall be used for road 9,225
improvements associated with economic development opportunities 9,226
that will retain or attract businesses for Ohio. "Road 9,227
improvements" are improvements to public roadway facilities
located on, or serving or capable of serving, a project site. 9,228
The Department of Transportation, under the direction of 9,230
the Department of Development, shall provide these funds in 9,231
accordance with all guidelines and requirements established for 9,232
Department of Development item 195-412, Business Development, 9,233
including Controlling Board review and approval as well as the
requirements for usage of gas tax revenue prescribed in Section 9,234
5a of Article XII, Ohio Constitution. Should the Department of 9,236
Development require the assistance of the Department of 9,237
Transportation to bring a project to completion, the Department 9,238
of Transportation shall use the authority under Title LV of the 9,239
Revised Code to provide such assistance and enter into contracts 9,240
on behalf of the Department of Development. In addition, these
funds may be used in conjunction with item 195-412, Business 9,242
Development, or any other state funds appropriated for 9,243
infrastructure improvements.
The Director of Budget and Management, pursuant to a plan 9,245
213
submitted by the Department of Development or as otherwise 9,246
determined by the Director, shall set a transfer schedule to meet 9,248
any estimated deficiency in the Department of Development's 9,249
Roadwork Development Fund (Fund 4W0). The Director shall 9,250
transfer to the Roadwork Development Fund from the Highway 9,251
Operating Fund (Fund 002), established in section 5735.291 of the 9,252
Revised Code, such amounts at such times as determined by the 9,253
transfer schedule.
Transportation Improvement District 9,255
Of the foregoing appropriation item 195-629, Roadwork 9,257
Development, $250,000 each fiscal year of the biennium shall be 9,258
paid by the Director of Development to the Butler County 9,259
Transportation Improvement District to support its administrative 9,260
activities pursuant to section 5540.16 of the Revised Code.
These payments shall not be subject to the restrictions of 9,261
appropriation item 195-629, Roadwork Development. 9,262
Section 10. DOH DEPARTMENT OF HEALTH 9,264
State Special Revenue Fund Group 9,266
4W7 440-615 Alcohol Testing and 9,269
Permit $ 708,409 $ 726,664 9,271
TOTAL SSR State Special Revenue 9,272
Fund Group $ 708,409 $ 726,664 9,275
TOTAL ALL BUDGET FUND GROUPS $ 708,409 $ 726,664 9,278
Cash Draws from Liquor Control Fund to Health 9,280
The Director of Budget and Management, pursuant to a plan 9,282
submitted by the Department of Health or as otherwise determined 9,283
by the Director, shall set a transfer schedule to meet any 9,285
estimated deficiency in the Alcohol Testing Program Fund (Fund 9,286
4W7) established in section 3701.83 of the Revised Code. 9,287
The Director shall transfer to the Alcohol Testing Program 9,289
Fund from the Liquor Control Fund (Fund 043) established in 9,291
section 4301.12 of the Revised Code such amounts at such times as 9,292
determined by the transfer schedule. 9,293
Section 11. PWC PUBLIC WORKS COMMISSION 9,295
214
Local Transportation Improvements Fund Group 9,297
052 150-402 LTIP - Operating $ 362,295 $ 387,817 9,302
052 150-701 Local Transportation 9,304
Improvement Program $ 60,000,000 $ 60,000,000 9,306
TOTAL 052 Local Transportation 9,307
Improvements Fund Group $ 60,362,295 $ 60,387,817 9,310
Local Infrastructure Improvements Fund Group 9,313
038 150-321 Operating Expenses $ 846,687 $ 912,360 9,318
TOTAL LIF Local Infrastructure 9,319
Improvements
Fund Group $ 846,687 $ 912,360 9,322
TOTAL ALL BUDGET FUND GROUPS $ 61,208,982 $ 61,300,177 9,325
District Administration Costs 9,328
The Director of the Public Works Commission is authorized 9,330
to create a District Administration Costs program from interest 9,331
earnings of the Capital Improvements Fund and Local 9,333
Transportation Improvement Program Fund proceeds. This program 9,335
shall be used to provide for administration costs of the nineteen 9,336
public works districts for the direct costs of district 9,338
administration. Districts choosing to participate in this 9,339
program shall only expend Capital Improvements Fund moneys for 9,341
Capital Improvements Fund costs and Local Transportation 9,342
Improvement Program Fund moneys for Local Transportation 9,343
Improvement Program Fund costs. The account shall not exceed 9,344
$760,000 per fiscal year. Each public works district may be
eligible for up to $40,000 per fiscal year from its district 9,345
allocation as provided in sections 164.08 and 164.14 of the 9,346
Revised Code. 9,347
The Director, by rule, shall define allowable and 9,349
nonallowable costs for the purpose of the District Administration 9,350
Costs program. Nonallowable costs shall include indirect costs, 9,351
elected official salaries and benefits, and project-specific 9,353
costs. No district public works committee may participate in the 9,354
District Administration Costs program without the approval of 9,355
215
those costs by the district public works committee pursuant to 9,357
section 164.04 of the Revised Code. 9,359
Reappropriations and Transfers 9,361
All appropriations to the Local Transportation Improvement 9,363
Program Fund (Fund 052) made in Am. Sub. H.B. 107 of the 121st 9,364
General Assembly remaining unencumbered as of June 30, 1997, are 9,365
reappropriated for use during the period July 1, 1997 through 9,366
June 30, 1999, for the same purpose. 9,367
Notwithstanding division (B) of section 127.14 of the 9,369
Revised Code, all appropriations and reappropriations to the 9,370
Local Transportation Improvement Program Fund (Fund 052) made in 9,371
this act remaining unencumbered at June 30, 1998, may be 9,373
transferred to fiscal year 1999 for the same purpose, subject to 9,375
the availability of revenue as determined by the Director of the 9,376
Public Works Commission. 9,377
The Public Works Commission shall report all 9,379
reappropriations and transfers described in this section to the 9,380
Controlling Board by August 1 of each year. 9,381
Section 12. Within the limits set forth in this act, the 9,383
Director of Budget and Management shall establish accounts 9,384
indicating the source and amount of funds for each item of 9,385
appropriation made in this act, and shall determine the form and 9,386
manner in which such appropriation accounts shall be maintained. 9,387
Expenditures from appropriations contained in this act may be 9,388
accounted as though made in the main operating appropriations act 9,390
of the 122nd General Assembly.
Section 13. That Section 104 of Am. Sub. H.B. 117 of the 9,392
121st General Assembly be amended to be read as follows: 9,393
"Sec. 104. CSF COMMISSIONERS OF THE SINKING FUND 9,395
General Revenue Fund 9,397
GRF 155-900 Debt Service $ 28,401,000 $ 30,616,000 9,402
TOTAL GRF General Revenue Fund $ 28,401,000 $ 30,616,000 9,405
Debt Service Fund Group 9,407
059 155-900 Development Bond 9,410
216
Retirement Fund $ 4,253,400 $ 0 9,412
071 155-900 Highway Obligations 9,414
Bond Retirement Fund $ 115,000,000 $ 115,000,000 9,416
072 155-900 HIGHWAY CAPITAL 9,418
IMPROVEMENTS BOND 9,419
SERVICE $ 0 $ 6,498,000 9,421
076 155-900 Coal Research and 9,423
Development Bond
Retirement Fund $ 12,641,825 $ 11,304,075 9,425
073 155-900 Natural Resources 9,427
Bond Retirement $ 7,753,000 $ 8,506,000 9,429
TOTAL DSF Debt Service Fund Group $ 139,648,225 134,810,075 9,432
$ 141,308,075 9,433
TOTAL ALL BUDGET FUND GROUPS $ 168,049,225 165,426,075 9,436
$ 171,929,075 9,437
Additional Appropriations 9,439
Appropriation items in this section are for the purpose of 9,441
paying the principal and interest on bonds or other instruments 9,442
of indebtedness of this state issued pursuant to the Ohio 9,443
Constitution and acts of the General Assembly. If it is 9,444
determined that additional appropriations are necessary, such 9,445
amounts are hereby appropriated. 9,446
HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE 9,450
APPROPRIATION ITEM 155-900, HIGHWAY CAPITAL IMPROVEMENTS 9,453
BOND SERVICE, IS TO PAY DEBT SERVICE ON HIGHWAY IMPROVEMENTS AND 9,454
IS THEREFORE A CURRENT EXPENSE OF STATE GOVERNMENT. 9,455
TRANSFER TO HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE FUND 9,459
UPON THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONERS 9,461
OF THE SINKING FUND SHALL CERTIFY TO THE DIRECTOR OF BUDGET AND 9,463
MANAGEMENT AND THE DIRECTOR OF TRANSPORTATION THE AMOUNT OF MONEY 9,464
REQUIRED DURING FISCAL YEAR 1997 TO MAKE IN FULL ALL REQUIRED 9,465
PAYMENTS OF BOND SERVICE CHARGES AND FINANCING COSTS FOR ALL 9,466
BONDS ISSUED PURSUANT TO SECTION 5528.54 OF THE REVISED CODE.
UPON RECEIPT OF THIS CERTIFICATION, THE DIRECTOR OF BUDGET AND 9,468
217
MANAGEMENT, IN CONSULTATION WITH THE DIRECTOR OF TRANSPORTATION, 9,469
SHALL TRANSFER CASH IN AN AMOUNT EQUAL TO THAT CERTIFIED FROM THE 9,470
HIGHWAY OPERATING FUND (FUND 002) CREATED IN SECTION 5735.291 OF 9,471
THE REVISED CODE TO THE HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE 9,473
FUND (FUND 072) CREATED IN SECTION 5528.55 OF THE REVISED CODE." 9,474
Section 14. That existing Section 104 of Am. Sub. H.B. 117 9,476
of the 121st General Assembly is hereby repealed. 9,477
Section 15. That Section 201 of Am. Sub. H.B. 117 of the 9,479
121st General Assembly be amended to read as follows: 9,480
"Sec. 201. Notwithstanding division (B) of section 4981.09 9,482
of the Revised Code, upon receipt of the certifications required 9,483
by that division in January and June of 1995, 1996, and 1997, the 9,484
Director of Budget and Management shall transfer fifty per cent, 9,485
rather than seventy-five per cent, of the identified amounts from 9,486
the General Revenue Fund to the Rail Development Fund. In
addition, the Director of Budget and Management shall, upon 9,487
receipt of the January MARCH 1998 certification, transfer to the 9,488
Rail Development Fund seventy-five per cent of the identified 9,489
amounts paid into the General Revenue Fund during the immediately 9,490
preceding July through December, plus fifty per cent of the 9,491
identified amounts paid into the General Revenue Fund for the 9,492
immediately preceding June."
Section 16. That existing Section 201 of Am. Sub. H.B. 117 9,494
of the 121st General Assembly is hereby repealed. 9,495
Section 17. Except as otherwise specifically provided in 9,497
this act, a section of the Revised Code amended or enacted within 9,498
the purview of Sections 1 and 2 of this act is not subject to the 9,499
referendum. Therefore, under Ohio Constitution, Article II, 9,500
Section 1d and section 1.471 of the Revised Code, the sections of 9,502
the Revised Code amended or enacted within the purview of
Sections 1 and 2 of this act, except as otherwise specifically 9,503
provided in this act, go into immediate effect when this act 9,504
becomes law.
Except as otherwise specifically provided in this act, the 9,506
218
repeal of sections of the Revised Code by Section 2 of this act 9,508
is not subject to the referendum. Therefore, under Ohio
Constitution, Article II, Section 1d and section 1.471 of the 9,509
Revised Code, the repeal, except as otherwise specifically 9,510
provided in this act, goes into immediate effect when this act 9,512
becomes law.
Section 18. Sections 121.05, 121.08, 308.13, 2925.44, 9,514
2933.43, 3701.022, 3701.07, 4301.12, 4501.03, 4501.14, 4501.15, 9,516
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, 9,517
5501.34, 5501.37, 5502.01, 5502.12, 5513.01, 5513.04, 5513.06, 9,518
5515.01, 5516.01, 5516.02, 5516.03, 5516.04, 5516.06, 5516.061, 9,519
5516.07, 5516.08, 5516.10, 5516.11, 5516.12, 5516.13, 5516.99, 9,520
5525.03, 5525.07, 5529.03, 5513.04, 5735.05, 5735.12, 5735.145, 9,521
5735.19, 5735.23, and 6101.16 of the Revised Code, as amended 9,522
within the purview of Sections 1 and 2 of this act, are subject 9,524
to the referendum. Therefore, under Ohio Constitution, Article 9,525
II, Section 1c and section 1.471 of the Revised Code, such 9,526
sections of the Revised Code as amended within the purview of 9,527
Sections 1 and 2 of this act take effect on the ninety-first day 9,528
after this act is filed with the Secretary of State. If, 9,529
however, a referendum petition is filed against any such section 9,530
of the Revised Code as amended within the purview of Sections 1 9,531
and 2 of this act, the section as amended, unless rejected at the 9,532
referendum, takes effect at the earliest time permitted by law. 9,533
Section 19. New section 5516.09 and sections 5512.01, 9,535
5512.02, 5512.03, 5512.04, 5512.05, 5512.06, 5512.07, 5512.08, 9,536
5512.09, 5512.10, 5512.11, and 5516.14 of the Revised Code, as 9,537
enacted by Section 1 of this act, are subject to the referendum. 9,539
Therefore, under Ohio Constitution, Article II, Section 1c and 9,540
section 1.471 of the Revised Code, such sections as enacted by 9,541
Section 1 of this act take effect on the ninety-first day after 9,542
this act is filed with the Secretary of State. If, however, a 9,543
referendum petition is filed against any such section as enacted 9,544
219
by Section 1 of this act, that section as enacted, unless 9,545
rejected at the referendum, takes effect at the earliest time 9,546
permitted by law.
Section 20. The repeals of sections 3701.61, 3701.611, 9,548
3701.62, 3701.63, 3701.64, 3701.65, 3701.66, 3701.67, 3701.68, 9,549
3701.69, 5516.05, 5516.09, and 5735.146 of the Revised Code by 9,550
Section 2 of this act are subject to the referendum. Therefore, 9,551
under Ohio Constitution, Article II, Section 1c and section 1.471 9,552
of the Revised Code, such repeals take effect on the ninety-first 9,553
day after this act is filed with the Secretary of State. If, 9,554
however, a referendum petition is filed against any such repeal, 9,555
that repeal, unless rejected at the referendum, takes effect at 9,556
the earliest time permitted by law. 9,557
Section 21. The items in the uncodified sections of law 9,559
contained in this act that appropriate money for the current 9,560
expenses of state government, earmark this class of 9,561
appropriations, or depend for their implementation upon an 9,562
appropriation for the current expenses of state government are 9,563
not subject to the referendum. Therefore, under Ohio 9,564
Constitution, Article II, Section 1d and section 1.471 of the 9,565
Revised Code, these items go into immediate effect when this act 9,566
becomes law. 9,567
The items in the uncodified sections of law contained in 9,569
this act that appropriate money other than for the current 9,570
expenses of state government, earmark this class of 9,571
appropriations, or do not depend for their implementation upon an 9,572
appropriation for the current expenses of state government are 9,573
subject to the referendum. Therefore, under Ohio Constitution, 9,574
Article II, Section 1c and section 1.471 of the Revised Code, 9,575
these items take effect on the ninety-first day after this act is 9,576
filed with the Secretary of State. If, however, a referendum 9,577
petition is filed against such an item, the item, unless rejected 9,578
at the referendum, takes effect at the earliest time permitted by 9,579
law.
220
This section is not subject to the referendum. Therefore, 9,581
under Ohio Constitution, Article II, Section 1d and section 1.471 9,582
of the Revised Code, this section goes into immediate effect when 9,583
this act becomes law. 9,584
Section 22. The reinstatement fee prescribed by section 9,586
4507.45 of the Revised Code and the fee increases prescribed by 9,587
this act's amendments to section 4511.951 and division (L) of 9,588
section 4511.191 of the Revised Code first apply on October 1, 9,589
1997.
Section 23. Notwithstanding the repeal by this act of 9,591
sections 3701.61, 3701.611, 3701.62, 3701.63, 3701.64, 3701.65, 9,592
3701.66, 3701.67, 3701.68, and 3701.69 of the Revised Code, the 9,593
Director of Health and the Attorney General may take any actions 9,594
formerly authorized by those sections to collect any claim paid 9,595
illegally or erroneously before such repeal.
Section 24. Section 121.05 of the Revised Code is 9,597
presented in this act as a composite of the section as amended by 9,598
both Sub. H.B. 572 and Am. Sub. S.B. 293 of the 121st General 9,599
Assembly, with the new language of neither of the acts shown in 9,600
capital letters. Section 2933.43 of the Revised Code is 9,601
presented in this act as a composite of the section as amended by 9,602
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 9,603
capital letters. Section 3701.83 of the Revised Code is 9,604
presented in this act as a composite of the section as amended by 9,605
both Sub. S.B. 19 and Am. Sub. S.B. 162 of the 121st General 9,606
Assembly, with the new language of neither of the acts shown in 9,607
capital letters. Section 4511.191 of the Revised Code is 9,608
presented in this act as a composite of the section as amended by 9,609
both Am. Sub. H.B. 353 and Am. Sub. S.B. 166 of the 121st General 9,610
Assembly, with the new language of neither of the acts shown in 9,611
capital letters. This is in recognition of the principle stated 9,613
in division (B) of section 1.52 of the Revised Code that such 9,614
amendments are to be harmonized where not substantively 9,615
221
irreconcilable and constitutes a legislative finding that such is 9,616
the resulting version in effect prior to the effective date of 9,617
this act.
Section 25. If any item of law that constitutes the whole 9,619
or part of a codified or uncodified section of law contained in 9,620
this act, or if any application of any item of law that 9,621
constitutes the whole or part of a codified or uncodified section 9,622
of law contained in this act, is held invalid, the invalidity 9,623
does not affect other items of law or applications of items of
law that can be given effect without the invalid item of law or 9,624
application. To this end, the items of law of which the codified 9,625
and uncodified sections contained in this act are composed, and 9,626
their applications, are independent and severable. 9,627