As Passed by the Senate                       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           

              SENATORS OELSLAGER-DIX-LATTA-GARDNER                 12           


                                                                   14           

                           A   B I L L                                          

             To amend sections 121.05, 121.07, 121.08, 303.211,    16           

                308.13, 519.211, 2925.44, 2933.43, 3701.022,       17           

                3701.07, 3701.83, 4301.10, 4301.12, 4501.01,       18           

                4501.03, 4501.14, 4501.15, 4501.19, 4501.20,       19           

                4501.22, 4503.102, 4503.191, 4503.40, 4503.42,                  

                4503.51, 4503.52, 4503.55, 4503.56, 4503.66,       20           

                4505.11, 4505.111, 4506.24, 4509.06, 4511.10,      21           

                4511.101, 4511.102, 4511.191, 4511.951, 4517.01,   22           

                4517.02, 4517.12, 4981.09, 4981.34, 5112.17,       23           

                5501.01, 5501.311, 5501.32, 5501.34, 5501.37,      24           

                5502.01, 5502.12, 5502.22, 5513.01, 5513.04,                    

                5513.06, 5515.01, 5516.01, 5516.02, 5516.03,       26           

                5516.04, 5516.06, 5516.061, 5516.07, 5516.08,                   

                5516.10, 5516.11, 5516.12, 5516.13, 5516.99,       27           

                5525.03, 5525.07,  5529.03, 5531.09, 5531.10,      29           

                5540.01, 5540.03, 5735.05, 5735.12, 5735.145,      30           

                5735.19, 5735.23, 5735.29, 5739.02, and 6101.16,                

                to enact new section 5516.09 and sections          32           

                503.061, 4501.16, 4501.28, 4507.45, 4513.242,      33           

                5512.01 to 5512.09, and 5516.14, and  to repeal    34           

                sections 3701.61, 3701.611, 3701.62, 3701.63,      35           

                3701.64, 3701.65, 3701.66, 3701.67, 3701.68,       36           

                3701.69, 4501.21, 4501.23, 4509.09, 4981.151,      38           

                4981.152, 5516.05, 5516.09, and 5735.146 of the                 

                                                          2      

                                                                 
                Revised Code, and to amend Sections 104 and 201    39           

                of Am. Sub. H.B. 117 of the 121st General          40           

                Assembly, to amend Section 35 of Am. Sub. H.B.     41           

                117 of the 121st General Assembly, as                           

                subsequently amended, to make appropriations and   42           

                reappropriations for highways and                  43           

                transportation-related programs for the 1997-1999  44           

                biennium, to provide authorizations and            45           

                conditions for the operation of programs related                

                to transportation and public safety, to eliminate  46           

                the ethanol credit allowed against the motor fuel  47           

                tax, to eliminate the program to reimburse                      

                hospitals for indigent care using motor fuel tax   48           

                money, to eliminate the authority of the           49           

                Registrar of Motor Vehicles to suspend the                      

                driver's license of a person who fails to submit   50           

                a motor vehicle accident report, to raise the                   

                competitive bidding threshold for purchases by a   51           

                regional airport authority or conservancy                       

                district, to require that the Department of        53           

                Commerce have two assistant directors, and to                   

                maintain the provisions of this act on and after   55           

                March 4, 1998, by amending the version of section               

                5513.01 of the Revised Code that takes  effect on  57           

                that  date.                                        58           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        60           

      Section 1.  That sections 121.05, 121.07, 121.08, 303.211,   62           

308.13, 519.211, 2925.44, 2933.43, 3701.022, 3701.07, 3701.83,     63           

4301.10, 4301.12, 4501.01, 4501.03, 4501.14, 4501.15, 4501.19,     65           

4501.20, 4501.22, 4503.102, 4503.191, 4503.40, 4503.42, 4503.51,   66           

4503.52, 4503.55, 4503.56, 4503.66, 4505.11, 4505.111, 4506.24,    68           

4509.06, 4511.10, 4511.101, 4511.102, 4511.191, 4511.951,          69           

4517.01, 4517.02, 4517.12, 4981.09, 4981.34, 5112.17, 5501.01,     70           

                                                          3      

                                                                 
5501.311, 5501.32, 5501.34, 5501.37, 5502.01, 5502.12, 5502.22,    71           

5513.01, 5513.04, 5513.06, 5515.01, 5516.01, 5516.02, 5516.03,     73           

5516.04, 5516.06, 5516.061, 5516.07, 5516.08, 5516.10, 5516.11,    74           

5516.12, 5516.13, 5516.99, 5525.03, 5525.07, 5529.03, 5531.09,     75           

5531.10, 5540.01, 5540.03, 5735.05, 5735.12, 5735.145, 5735.19,                 

5735.23, 5735.29, 5739.02, and 6101.16 be amended and new section  77           

5516.09 and sections 503.061, 4501.16, 4501.28, 4507.45,           78           

4513.242, 5512.01, 5512.02, 5512.03, 5512.04, 5512.05, 5512.06,    79           

5512.07, 5512.08, 5512.09, and 5516.14 of the Revised Code be      80           

enacted to read as follows:                                        81           

      Sec. 121.05.  Except as otherwise provided in this section,  92           

in each department there shall be an assistant director            93           

designated by the director of that department.  In the department  94           

of health there shall be two assistant directors, each of whom     95           

shall be designated by the director of health.  In the department  96           

of transportation there shall be an assistant director for         97           

business management, an assistant director for field operations,   98           

and an assistant director for transportation policy, each of whom  100          

shall be designated by the director of transportation.  In the                  

department of insurance the deputy superintendent of insurance     102          

shall be the assistant director.  In the department of                          

administrative services, there shall be two assistant directors,   103          

each of whom shall be designated by the director of                104          

administrative services.  IN THE DEPARTMENT OF COMMERCE, THERE     105          

SHALL BE TWO ASSISTANT DIRECTORS, EACH OF WHOM SHALL BE            106          

DESIGNATED BY THE DIRECTOR OF COMMERCE.  In each department, the   107          

assistant director shall act as director in the absence or         108          

disability of the director and also shall act as director when     109          

the position of director is vacant, except that in the department  110          

of transportation, the department of health, THE DEPARTMENT OF     111          

COMMERCE, and the department of administrative services the        113          

director shall designate which assistant director shall act as     114          

director in the director's absence.                                115          

      A director may designate any of the director's assistant     117          

                                                          4      

                                                                 
directors or a deputy director to serve in the director's place    118          

as a member of any board, committee, authority, or commission of   120          

which the director is, by law, a member.  The designee, when       121          

present, shall be counted in determining whether a quorum is       122          

present at any meeting.  The Such a designee may vote and          124          

participate in all proceedings and actions of the board,                        

committee, authority, or commission, provided that the designee    125          

shall not execute or cause a facsimile of the designee's           126          

signature to be placed on any obligation, or execute any trust     128          

agreement or indenture.  Such designation shall be in writing,     129          

executed by the designating director, filed with the secretary of  130          

the board, committee, authority, or commission, and shall be in    131          

effect until withdrawn or superseded by a new designation.         132          

      Sec. 121.07.  (A)  Except as otherwise provided in this      141          

division, the officers mentioned in sections 121.04 and 121.05 of  143          

the Revised Code and the offices and divisions they administer                  

shall be under the direction, supervision, and control of the      144          

directors of their respective departments, and shall perform such  145          

duties as the directors prescribe.  In performing or exercising    147          

any of the examination or regulatory functions, powers, or duties  148          

vested by Title XI, Chapters 1733. and 1761., and sections         150          

1315.01 to 1315.11 of the Revised Code in the superintendent of    151          

financial institutions, the superintendent of financial            153          

institutions and the division of financial institutions are        154          

independent of and are not subject to the control of the           155          

department or the director of commerce.  In acquiring spirituous   156          

liquor and selecting and monitoring state liquor agencies, in      158          

issuing permits, in operating the beer and wine section, and in    159          

performing or exercising all other regulatory functions, powers,   160          

or duties vested by law in the superintendent of liquor control,   161          

the superintendent of liquor control and the division of liquor    162          

control are independent of and are not subject to the control of   163          

the department or the director of commerce.                        164          

      (B)  With the approval of the governor, the director of      166          

                                                          5      

                                                                 
each department shall establish divisions within the department,   167          

and distribute the work of the department among such divisions.    168          

Each officer created by section 121.04 of the Revised Code shall   169          

be the head of such a division.                                    170          

      With the approval of the governor, the director of each      172          

department may consolidate any two or more of the offices created  173          

in the department by section 121.04 of the Revised Code, or        174          

reduce the number of or create new divisions therein.              175          

      The director of each department may prescribe rules for the  177          

government of the department, the conduct of its employees, the    179          

performance of its business, and the custody, use, and                          

preservation of the records, papers, books, documents, and         180          

property pertaining thereto.                                       181          

      Sec. 121.08.  (A)  There is hereby created in the            190          

department of commerce the position of deputy director of          191          

administration.  This officer shall be appointed by the director   192          

of commerce, serve under the director's direction, supervision,    194          

and control, perform such duties as the director prescribes, and   195          

hold office during the director's pleasure.  The DIRECTOR OF       196          

COMMERCE MAY DESIGNATE AN assistant director of commerce may TO    197          

serve as the deputy director of administration.  The deputy        198          

director of administration shall perform such duties as are        200          

prescribed by the director of commerce in supervising the                       

activities of the division of administration of the department of  201          

commerce.                                                          202          

      (B)  Except as provided in section 121.07 of the Revised     204          

Code, the department of commerce shall have all powers and         205          

perform all duties vested in the deputy director of                206          

administration, the state fire marshal, the superintendent of      208          

financial institutions, the superintendent of real estate, the     209          

superintendent of liquor control, the superintendent of the        210          

division of industrial compliance, and the commissioner of         211          

securities, and shall have all powers and perform all duties       212          

vested by law in all officers, deputies, and employees of such     213          

                                                          6      

                                                                 
offices.  Except as provided in section 121.07 of the Revised      214          

Code, wherever powers are conferred or duties imposed upon any of  215          

such officers, such powers and duties shall be construed as        216          

vested in the department of commerce.                              217          

      (C)(1)  There is hereby created in the department of         219          

commerce a division of financial institutions, which shall have    220          

all powers and perform all duties vested by law in the             222          

superintendent of financial institutions.  Wherever powers are     223          

conferred or duties imposed upon the superintendent of financial   224          

institutions, such powers and duties shall be construed as vested  225          

in the division of financial institutions.  The division of        226          

financial institutions shall be administered by a superintendent   228          

of financial institutions.                                                      

      (2)  All provisions of law governing the superintendent of   230          

financial institutions shall apply to and govern the               232          

superintendent of financial institutions provided for in this      234          

section; all authority vested by law in the superintendent of      235          

financial institutions with respect to the management of the       236          

division of financial institutions shall be construed as vested    237          

in the superintendent of financial institutions created by this    238          

section with respect to the division of financial institutions     240          

provided for in this section; and all rights, privileges, and      242          

emoluments conferred by law upon the superintendent of financial   243          

institutions shall be construed as conferred upon the              244          

superintendent of financial institutions as head of the division   245          

of financial institutions.  The director of commerce shall not     247          

transfer from the division of financial institutions any of the    248          

functions specified in division (C)(2) of this section.            250          

      (D)  Beginning on July 1, 1997, there is hereby created in   252          

the department of commerce a division of liquor control, which     253          

shall have all powers and perform all duties vested by law in the  254          

superintendent of liquor control.  Wherever powers are conferred   255          

or duties are imposed upon the superintendent of liquor control,   257          

those powers and duties shall be construed as vested in the                     

                                                          7      

                                                                 
division of liquor control.  The division of liquor control shall  258          

be administered by a superintendent of liquor control.             259          

      (E)  The director of commerce shall not be interested,       261          

directly or indirectly, in any firm or corporation which is a      263          

dealer in securities as defined in sections 1707.01 and 1707.14    264          

of the Revised Code, or in any firm or corporation licensed under  265          

sections 1321.01 to 1321.19 of the Revised Code.                   266          

      (F)  The director of commerce shall not have any official    268          

connection with a savings and loan association, a savings bank, a  271          

bank, a bank holding company, a savings and loan association       272          

holding company, a consumer finance company, or a credit union     273          

that is under the supervision of the division of financial                      

institutions, or a subsidiary of any of the preceding entities,    275          

or be interested in the business thereof.                                       

      (G)  There is hereby created in the state treasury the       277          

division of administration fund.  The fund shall receive           279          

assessments on the operating funds of the department of commerce   280          

in accordance with procedures prescribed by the director of        281          

commerce and approved by the director of budget and management.    282          

All operating expenses of the division of administration shall be  283          

paid from the division of administration fund.                     284          

      Sec. 303.211.  (A)  Except as otherwise provided in          294          

division (B) of this section, sections 303.01 to 303.25 of the                  

Revised Code do not confer any power on any board of county        296          

commissioners or board of zoning appeals in respect to the         297          

location, erection, construction, reconstruction, change,          298          

alteration, maintenance, removal, use, or enlargement of any       299          

buildings or structures of any public utility or railroad,         300          

whether publicly or privately owned, or the use of land by any     301          

public utility or railroad for the operation of its business.      302          

      (B)(1)  As used in this division, "telecommunications        304          

tower" means any free-standing structure, or any structure to be   305          

attached to a building or other structure, that meets all of the   307          

following criteria:                                                             

                                                          8      

                                                                 
      (a)  The free-standing or attached structure is proposed to  309          

be constructed on or after the effective date of this amendment.   310          

      (b)  The free-standing or attached structure is proposed to  312          

be owned or principally used by a public utility engaged in the    313          

provision of telecommunications services.                          314          

      (c)  The free-standing or attached structure is proposed to  316          

be located in an unincorporated area of a township, in an area     317          

zoned for residential use.                                         318          

      (d)(i)  The free-standing structure is proposed to top at a  321          

height that is greater than either the maximum allowable height                 

of residential structures within the zoned area as set forth in    323          

the applicable zoning regulations, or the maximum allowable        324          

height of such a free-standing structure as set forth in any       326          

applicable zoning regulations in effect immediately prior to the                

effective date of this amendment or as those regulations           327          

subsequently are amended.                                          328          

      (ii)  The attached structure is proposed to top at a height  331          

that is greater than either the height of the building or other                 

structure to which it is to be attached, or the maximum allowable  332          

height of such an attached structure as set forth in any           333          

applicable zoning regulations in effect immediately prior to the   334          

effective date of this amendment or as those regulations           336          

subsequently are amended.                                                       

      (e)  The free-standing or attached structure is proposed to  338          

have attached to it radio frequency transmission or reception      339          

equipment.                                                                      

      (2)  Sections 303.01 to 303.25 of the Revised Code confer    341          

power on a board of county commissioners or board of zoning        343          

appeals with respect to the location, erection, construction,      344          

reconstruction, change, alteration, removal, or enlargement of a   345          

telecommunications tower, but not with respect to the maintenance  346          

or use of such a tower or any change or alteration that would not  347          

substantially increase the tower's height.  However, the power so  348          

conferred shall apply to a particular telecommunications tower     349          

                                                          9      

                                                                 
only upon the provision of a notice, in accordance with division   350          

(B)(4)(a) of this section, to the person proposing to construct    351          

the tower.                                                                      

      (3)  Any person who plans to construct a telecommunications  353          

tower to which IN AN AREA SUBJECT TO county zoning regulations     355          

apply under section 303.22 of the Revised Code shall provide both  356          

of the following by certified mail:                                357          

      (a)  Written notice to the board of township trustees of     359          

the township in which the tower is proposed to be constructed and  360          

to each owner of property, as shown on the county auditor's        361          

current tax list, whose land is contiguous to or directly across   362          

a street or roadway from the property on which the tower is        363          

proposed to be constructed, stating all of the following in clear  364          

and concise language:                                                           

      (i)  The person's intent to construct the tower;             366          

      (ii)  A description of the property sufficient to identify   368          

the proposed location;                                             369          

      (iii)  That, no later than fifteen days after the date of    371          

mailing of the notice, such board of township trustees or any      372          

such property owner may give written notice to the board of        373          

county commissioners requesting that sections 303.01 to 303.25 of  374          

the Revised Code apply to the proposed location of the tower as    375          

provided under division (B)(4)(a) of this section.                 376          

      If the notice to the board of township trustees or to a      378          

property owner is returned unclaimed or refused, the person shall  379          

mail the notice by regular mail.  The failure of delivery of the   380          

notice does not invalidate the notice.                                          

      (b)  Written notice to the board of county commissioners of  382          

the information specified in divisions (B)(3)(a)(i) and (ii) of    384          

this section.  The notice to the board also shall include          385          

verification that the person has complied with division (B)(3)(a)  386          

of this section.                                                                

      (4)(a)  If the board of county commissioners receives        388          

notice from the board of township trustees or a property owner     389          

                                                          10     

                                                                 
under division (B)(3)(a)(iii) of this section within the time      390          

specified in that division or if a member of the board of county   391          

commissioners makes an objection to the proposed location of the   392          

telecommunications tower within fifteen days after the date of     393          

mailing of the notice sent under division (B)(3)(b) of this        394          

section, the board of county commissioners shall send the person   395          

proposing to construct the tower written notice that the tower is  396          

subject to the power conferred by and in accordance with division  397          

(B)(2) of this section.  The notice shall be sent no later than    398          

five days after the earlier of the date the board first receives   399          

such a notice from the board of township trustees or a property    400          

owner or the date upon which a member of the board of county       401          

commissioners makes an objection.  Upon the date of mailing of     402          

the notice to the person, sections 303.01 to 303.25 of the                      

Revised Code shall apply to the tower.                             403          

      (b)  If the board of county commissioners receives no        405          

notice under division (B)(3)(a)(iii) of this section within the    407          

time prescribed by that division or no board member has an                      

objection as provided under division (B)(4)(a) of this section     409          

within the time prescribed by that division, division (A) of this  410          

section shall apply to the tower without exception.                             

      (C)  Sections 303.01 to 303.25 of the Revised Code confer    413          

no power on any county rural zoning commission, board of county    414          

commissioners, or board of zoning appeals to prohibit the sale or  415          

use of alcoholic beverages in areas where the establishment and    416          

operation of any retail business, hotel, lunchroom, or restaurant  417          

is permitted.                                                                   

      (D)  Sections 303.01 to 303.25 of the Revised Code do not    420          

confer any power on any county rural zoning commission, board of   421          

county commissioners, or board of zoning appeals to prohibit the   422          

use of any land owned or leased by an industrial firm for the      423          

conduct of oil or natural gas well drilling or production          424          

activities or the location of associated facilities or equipment   425          

when such oil or natural gas obtained by the industrial firm is    426          

                                                          11     

                                                                 
used for the operation of its own plants.                                       

      (E)(1)  ANY PERSON WHO PLANS TO CONSTRUCT A                  428          

TELECOMMUNICATIONS TOWER WITHIN ONE HUNDRED FEET OF A RESIDENTIAL  429          

DWELLING SHALL PROVIDE A WRITTEN NOTICE TO THE OWNER OF THE        430          

RESIDENTIAL DWELLING AND TO THE PERSON OCCUPYING THE RESIDENCE,    431          

IF THAT PERSON IS NOT THE OWNER OF THE RESIDENCE STATING IN CLEAR  432          

AND CONCISE LANGUAGE THE PERSON'S INTENT TO CONSTRUCT THE TOWER    433          

AND A DESCRIPTION OF THE PROPERTY SUFFICIENT TO IDENTIFY THE       434          

PROPOSED LOCATION.  THE NOTICE SHALL BE SENT BY CERTIFIED MAIL.                 

IF THE NOTICE IS RETURNED UNCLAIMED OR REFUSED, THE PERSON SHALL   435          

MAIL THE NOTICE BY REGULAR MAIL.  THE FAILURE OF DELIVERY DOES     436          

NOT INVALIDATE THE NOTICE.                                                      

      (2)  AS USED IN DIVISION (E) OF THIS SECTION:                439          

      (a)  "RESIDENTIAL DWELLING" MEANS A BUILDING USED OR         441          

INTENDED TO BE USED AS A PERSONAL RESIDENCE BY THE OWNER,          442          

PART-TIME OWNER, OR LESSEE OF THE BUILDING, OR ANY PERSON          444          

AUTHORIZED BY SUCH A PERSON TO USE THE BUILDING AS A PERSONAL      445          

RESIDENCE;                                                                      

      (b)  "TELECOMMUNICATIONS TOWER" HAS THE SAME MEANING AS IN   447          

DIVISION (B)(1) OF THIS SECTION, EXCEPT THAT THE PROPOSED          449          

LOCATION OF THE FREE-STANDING OR ATTACHED STRUCTURE MAY BE AN                   

AREA OTHER THAN AN UNINCORPORATED AREA OF A TOWNSHIP, IN AN AREA   451          

ZONED FOR RESIDENTIAL USE.                                         452          

      Sec. 308.13.  (A)  The board of trustees of a regional       461          

airport authority or any officer or employee designated by such    462          

board may make any contract for the purchase of supplies or        463          

material or for labor for any work, under the supervision of the   464          

board, the cost of which shall not exceed five FIFTEEN thousand    465          

dollars. Except where the contract is for equipment, materials,    467          

or supplies available from a qualified nonprofit agency pursuant   468          

to sections 4115.31 to 4115.35 of the Revised Code, when an        469          

expenditure, other than for the acquisition of real estate, the    470          

discharge of noncontractual claims, personal services, or for the  471          

product or services of public utilities, exceeds five FIFTEEN      472          

                                                          12     

                                                                 
thousand dollars, such expenditure shall be made only after a      474          

notice calling for bids has been published once a week for three   475          

consecutive weeks in at least one newspaper of general             476          

circulation within the territorial boundaries of the regional      477          

airport authority.  If the bid is for a contract for the           478          

construction, demolition, alteration, repair, or reconstruction    479          

of an improvement, it shall meet the requirements of section       480          

153.54 of the Revised Code.  If the bid is for any other contract  481          

authorized by this section, it shall be accompanied by a good and  482          

approved bond with ample security conditioned on the carrying out  483          

of the contract.  The board may let the contract to the lowest     484          

and best bidder.  Such contract shall be in writing and shall be   485          

accompanied by or shall refer to plans and specifications for the  486          

work to be done, approved by the board.  The plans and             487          

specifications shall at all times be made and considered part of   488          

the contract.  Said contract shall be approved by the board and    489          

signed by its chief executive officer and by the contractor, and   490          

shall be executed in duplicate.                                    491          

      (B)  Whenever a board of trustees of a regional airport      493          

authority or any officer or employee designated by the board       494          

makes a contract for the purchase of supplies or material or for   495          

labor for any work, the cost of which is greater than one          496          

thousand dollars but no more than five FIFTEEN thousand dollars,   497          

the board or designated officer or employee shall solicit          499          

informal estimates from no fewer than three potential suppliers    500          

before awarding the contract.  With regard to each such contract,  501          

the board shall maintain a record of such estimates, including     502          

the name of each person from whom an estimate is solicited, for    503          

no less than one year after the contract is awarded.               504          

      Sec. 503.061.  A BOARD OF TOWNSHIP TRUSTEES, IRRESPECTIVE    506          

OF THE POPULATION OR ANY OTHER CHARACTERISTIC OF THE TOWNSHIP,     507          

MAY ADOPT AND SUBMIT TO THE DIRECTOR OF TRANSPORTATION A           508          

RESOLUTION REQUESTING THE DEPARTMENT OF TRANSPORTATION TO ERECT    509          

SIGNS IN THE RIGHTS-OF-WAY OF STATE HIGHWAYS, OTHER THAN FREEWAYS  510          

                                                          13     

                                                                 
AND EXPRESSWAYS, LOCATED WITHIN THAT TOWNSHIP AND OUTSIDE THE      511          

LIMITS OF AN INCORPORATED MUNICIPALITY, INDICATING THE BOUNDARIES  513          

OF THAT TOWNSHIP.  UPON RECEIPT OF THE RESOLUTION, THE DIRECTOR    514          

SHALL AGREE TO ERECT THE SIGNS FOR THE TOWNSHIP.                   515          

      ALL SIGNS ERECTED UNDER THIS SECTION SHALL CONFORM TO THE    518          

PROVISIONS CONTAINED IN THE MANUAL ADOPTED BY THE DEPARTMENT OF    519          

TRANSPORTATION PURSUANT TO SECTION 4511.09 OF THE REVISED CODE     520          

REGARDING THE SIZE, COLORING, CONTENTS, LETTERING, AND             521          

INSTALLATION LOCATIONS OF THE SIGNS.                                            

      Sec. 519.211.  (A)  Except as otherwise provided in          530          

division (B) of this section, sections 519.02 to 519.25 of the     531          

Revised Code confer no power on any board of township trustees or  532          

board of zoning appeals in respect to the location, erection,      533          

construction, reconstruction, change, alteration, maintenance,     534          

removal, use, or enlargement of any buildings or structures of     535          

any public utility or railroad, whether publicly or privately      536          

owned, or the use of land by any public utility or railroad, for   537          

the operation of its business.                                     538          

      (B)(1)  As used in this division, "telecommunications        540          

tower" means any free-standing structure, or any structure to be   542          

attached to a building or other structure, that meets all of the   544          

following criteria:                                                             

      (a)  The free-standing or attached structure is proposed to  546          

be constructed on or after the effective date of this amendment.   547          

      (b)  The free-standing or attached structure is proposed to  549          

be owned or principally used by a public utility engaged in the    550          

provision of telecommunications services.                          551          

      (c)  The free-standing or attached structure is proposed to  553          

be located in an unincorporated area of a township, in an area     554          

zoned for residential use.                                         555          

      (d)(i)  The free-standing structure is proposed to top at a  558          

height that is greater than either the maximum allowable height                 

of residential structures within the zoned area as set forth in    561          

the applicable zoning regulations, or the maximum allowable                     

                                                          14     

                                                                 
height of such a free-standing structure as set forth in any       564          

applicable zoning regulations in effect immediately prior to the                

effective date of this amendment or as those regulations           565          

subsequently are amended.                                          566          

      (ii)  The attached structure is proposed to top at a height  569          

that is greater than either the height of the building or other                 

structure to which it is to be attached, or the maximum allowable  570          

height of such an attached structure as set forth in any           571          

applicable zoning regulations in effect immediately prior to the   572          

effective date of this amendment or as those regulations           574          

subsequently are amended.                                                       

      (e)  The free-standing or attached structure is proposed to  576          

have attached to it radio frequency transmission or reception      577          

equipment.                                                                      

      (2)  Sections 519.02 to 519.25 of the Revised Code confer    579          

power on a board of township trustees or board of zoning appeals   582          

with respect to the location, erection, construction,              583          

reconstruction, change, alteration, removal, or enlargement of a                

telecommunications tower, but not with respect to the maintenance  584          

or use of such a tower or any change or alteration that would not  585          

substantially increase the tower's height.  However, the power so  586          

conferred shall apply to a particular telecommunications tower     587          

only upon the provision of a notice, in accordance with division   588          

(B)(4)(a) of this section, to the person proposing to construct    589          

the tower.                                                                      

      (3)  Any person who plans to construct a telecommunications  591          

tower to which IN AN AREA SUBJECT TO township zoning regulations   593          

apply under section 303.22 of the Revised Code shall provide both  594          

of the following by certified mail:                                595          

      (a)  Written notice to each owner of property, as shown on   597          

the county auditor's current tax list, whose land is contiguous    598          

to or directly across a street or roadway from the property on     599          

which the tower is proposed to be constructed, stating all of the  600          

following in clear and concise language:                                        

                                                          15     

                                                                 
      (i)  The person's intent to construct the tower;             602          

      (ii)  A description of the property sufficient to identify   604          

the proposed location;                                             605          

      (iii)  That, no later than fifteen days after the date of    607          

mailing of the notice, any such property owner may give written    608          

notice to the board of township trustees requesting that sections  609          

519.02 to 519.25 of the Revised Code apply to the proposed         610          

location of the tower as provided under division (B)(4)(a) of      611          

this section.                                                                   

      If the notice to a property owner is returned unclaimed or   613          

refused, the person shall mail the notice by regular mail.  The    614          

failure of delivery of the notice does not invalidate the notice.  615          

      (b)  Written notice to the board of township trustees of     617          

the information specified in divisions (B)(3)(a)(i) and (ii) of    619          

this section.  The notice to the board also shall include          620          

verification that the person has complied with division (B)(3)(a)  621          

of this section.                                                                

      (4)(a)  If the board of township trustees receives notice    623          

from a property owner under division (B)(3)(a)(iii) of this        625          

section within the time specified in that division or if a board                

member makes an objection to the proposed location of the          626          

telecommunications tower within fifteen days after the date of     627          

mailing of the notice sent under division (B)(3)(b) of this        628          

section, the board shall request that the clerk of the township    629          

send the person proposing to construct the tower written notice    630          

that the tower is subject to the power conferred by and in         631          

accordance with division (B)(2) of this section.  The notice                    

shall be sent no later than five days after the earlier of the     633          

date the board first receives such a notice from a property owner  634          

or the date upon which a board member makes an objection.  Upon    635          

the date of mailing of the notice to the person, sections 519.02   636          

to 519.25 of the Revised Code shall apply to the tower.                         

      (b)  If the board of township trustees receives no notice    638          

under division (B)(3)(a)(iii) of this section within the time      640          

                                                          16     

                                                                 
prescribed by that division or no board member has an objection    641          

as provided under division (B)(4)(a) of this section within the    642          

time prescribed by that division, division (A) of this section     643          

shall apply to the tower without exception.                                     

      (C)  Sections 519.02 to 519.25 of the Revised Code confer    645          

no power on any township zoning commission, board of township      648          

trustees, or board of zoning appeals to prohibit the sale or use   649          

of alcoholic beverages in areas where the establishment and        650          

operation of any retail business, hotel, lunchroom, or restaurant  651          

is permitted.                                                                   

      (D)  Sections 519.02 to 519.25 of the Revised Code do not    653          

confer any power on any township zoning commission, board of       655          

township trustees, or board of zoning appeals to prohibit the use  656          

of any land owned or leased by an industrial firm for the conduct  657          

of oil or natural gas well drilling or production activities or    658          

the location of associated facilities or equipment when such oil   659          

or natural gas obtained by the industrial firm is used for the     660          

operation of its own plants.                                                    

      (E)(1)  ANY PERSON WHO PLANS TO CONSTRUCT A                  662          

TELECOMMUNICATIONS TOWER WITHIN ONE HUNDRED FEET OF A RESIDENTIAL  663          

DWELLING SHALL PROVIDE A WRITTEN NOTICE TO THE OWNER OF THE        664          

RESIDENTIAL DWELLING AND TO THE PERSON OCCUPYING THE RESIDENCE,    665          

IF THAT PERSON IS NOT THE OWNER OF THE RESIDENCE STATING IN CLEAR  666          

AND CONCISE LANGUAGE THE PERSON'S INTENT TO CONSTRUCT THE TOWER    667          

AND A DESCRIPTION OF THE PROPERTY SUFFICIENT TO IDENTIFY THE       668          

PROPOSED LOCATION.  THE NOTICE SHALL BE SENT BY CERTIFIED MAIL.                 

IF THE NOTICE IS RETURNED UNCLAIMED OR REFUSED, THE PERSON SHALL   669          

MAIL THE NOTICE BY REGULAR MAIL.  THE FAILURE OF DELIVERY DOES     670          

NOT INVALIDATE THE NOTICE.                                                      

      (2)  AS USED IN DIVISION (E) OF THIS SECTION:                673          

      (a)  "RESIDENTIAL DWELLING" MEANS A BUILDING USED OR         675          

INTENDED TO BE USED AS A PERSONAL RESIDENCE BY THE OWNER,          676          

PART-TIME OWNER, OR LESSEE OF THE BUILDING, OR ANY PERSON          678          

AUTHORIZED BY SUCH A PERSON TO USE THE BUILDING AS A PERSONAL      679          

                                                          17     

                                                                 
RESIDENCE;                                                                      

      (b)  "TELECOMMUNICATIONS TOWER" HAS THE SAME MEANING AS IN   681          

DIVISION (B)(1) OF THIS SECTION, EXCEPT THAT THE PROPOSED          683          

LOCATION OF THE FREE-STANDING OR ATTACHED STRUCTURE MAY BE AN                   

AREA OTHER THAN AN UNINCORPORATED AREA OF A TOWNSHIP, IN AN AREA   685          

ZONED FOR RESIDENTIAL USE.                                         686          

      Sec. 2925.44.  (A)  If property is seized pursuant to        695          

section 2925.42 or 2925.43 of the Revised Code, it is deemed to    696          

be in the custody of the head of the law enforcement agency that   697          

seized it, and the head of that agency may do any of the           698          

following with respect to that property prior to its disposition   700          

in accordance with division (A)(4) or (B) of this section:         701          

      (1)  Place the property under seal;                          703          

      (2)  Remove the property to a place that the head of that    705          

agency designates;                                                 706          

      (3)  Request the issuance of a court order that requires     708          

any other appropriate municipal corporation, county, township,     709          

park district created pursuant to section 511.18 or 1545.01 of     711          

the Revised Code, or state law enforcement officer or other                     

officer to take custody of the property and, if practicable,       712          

remove it to an appropriate location for eventual disposition in   713          

accordance with division (B) of this section;                      714          

      (4)(a)  Seek forfeiture of the property pursuant to federal  716          

law.  If the head of that agency seeks its forfeiture pursuant to  717          

federal law, the law enforcement agency shall deposit, use, and    719          

account for proceeds from a sale of the property upon its          720          

forfeiture, proceeds from another disposition of the property      721          

upon its forfeiture, or forfeited moneys it receives, in           722          

accordance with the applicable federal law and otherwise shall     723          

comply with that law.                                              724          

      (b)  If the state highway patrol seized the property and if  726          

the superintendent of the state highway patrol seeks its           727          

forfeiture pursuant to federal law, the appropriate governmental   728          

officials shall deposit into the state highway patrol contraband,  729          

                                                          18     

                                                                 
forfeiture, and other fund all interest or other earnings derived  730          

from the investment of the proceeds from a sale of the property                 

upon its forfeiture, the proceeds from another disposition of the  731          

property upon its forfeiture, or the forfeited moneys.  The state  732          

highway patrol shall use and account for that interest or other    733          

earnings in accordance with the applicable federal law.            734          

      (c)  IF THE LIQUOR ENFORCEMENT UNIT OF THE DEPARTMENT OF     736          

PUBLIC SAFETY SEIZED THE PROPERTY AND IF THE DIRECTOR OF PUBLIC    737          

SAFETY SEEKS ITS FORFEITURE PURSUANT TO FEDERAL LAW, THE           738          

APPROPRIATE GOVERNMENTAL OFFICIALS SHALL DEPOSIT INTO THE LIQUOR   739          

ENFORCEMENT CONTRABAND, FORFEITURE, AND OTHER FUND ALL INTEREST    740          

OR OTHER EARNINGS DERIVED FROM THE INVESTMENT OF THE PROCEEDS      741          

FROM A SALE OF THE PROPERTY UPON ITS FORFEITURE, THE PROCEEDS      742          

FROM ANOTHER DISPOSITION OF THE PROPERTY UPON ITS FORFEITURE, OR   743          

THE FORFEITED MONEYS.  THE DEPARTMENT SHALL USE AND ACCOUNT FOR    744          

THAT INTEREST OR OTHER EARNINGS IN ACCORDANCE WITH THE APPLICABLE  745          

FEDERAL LAW.                                                       746          

      (d)  IF THE FOOD STAMP FRAUD UNIT OF THE DEPARTMENT OF       749          

PUBLIC SAFETY SEIZED THE PROPERTY AND IF THE DIRECTOR OF PUBLIC    750          

SAFETY SEEKS ITS FORFEITURE PURSUANT TO FEDERAL LAW, THE           751          

APPROPRIATE GOVERNMENTAL OFFICIALS SHALL DEPOSIT INTO THE FOOD     752          

STAMP CONTRABAND, FORFEITURE, AND OTHER FUND ALL INTEREST OR       753          

OTHER EARNINGS DERIVED FROM THE INVESTMENT OF THE PROCEEDS FROM A  754          

SALE OF THE PROPERTY UPON ITS FORFEITURE, THE PROCEEDS FROM        755          

ANOTHER DISPOSITION OF THE PROPERTY UPON ITS FORFEITURE, OR THE    756          

FORFEITED MONEYS.  THE DEPARTMENT SHALL USE AND ACCOUNT FOR THAT   757          

INTEREST OR OTHER EARNINGS IN ACCORDANCE WITH THE APPLICABLE       758          

FEDERAL LAW.                                                                    

      (e)  Division (B) of this section and divisions (D)(1) to    760          

(3) of section 2933.43 of the Revised Code do not apply to         761          

proceeds or forfeited moneys received pursuant to federal law or   762          

to the interest or other earnings that are derived from the        763          

investment of proceeds or forfeited moneys received pursuant to    764          

federal law and that are described in division (A)(4)(b) of this   765          

                                                          19     

                                                                 
section.                                                                        

      (B)  In addition to complying with any requirements imposed  767          

by a court pursuant to section 2925.42 or 2925.43 of the Revised   768          

Code, and the requirements imposed by those sections, in relation  769          

to the disposition of property forfeited to the state under        770          

either of those sections, the prosecuting attorney who is          771          

responsible for its disposition shall dispose of the property as   772          

follows:                                                           773          

      (1)  Any vehicle, as defined in section 4501.01 of the       775          

Revised Code, that was used in a felony drug abuse offense or in   776          

an act that, if committed by an adult, would be a felony drug      777          

abuse offense shall be given to the law enforcement agency of the  778          

municipal corporation or county in which the offense occurred if   779          

that agency desires to have the vehicle, except that, if the       780          

offense occurred in a township or in a park district created       781          

pursuant to section 511.18 or 1545.01 of the Revised Code and a    782          

law enforcement officer employed by the township or the park       783          

district was involved in the seizure of the vehicle, the vehicle   785          

may be given to the law enforcement agency of that township or     786          

park district if that agency desires to have the vehicle, and      787          

except that, if the state highway patrol made the seizure of the   788          

vehicle, the vehicle may be given to the state highway patrol if   789          

it desires to have the vehicle.                                    790          

      (2)  Any drug paraphernalia that was used, possessed, sold,  792          

or manufactured in a violation of section 2925.14 of the Revised   793          

Code that would be a felony drug abuse offense or in a violation   794          

of that section committed by a juvenile that, if committed by an   795          

adult, would be a felony drug abuse offense, may be given to the   796          

law enforcement agency of the municipal corporation or county in   797          

which the offense occurred if that agency desires to have and can  798          

use the drug paraphernalia, except that, if the offense occurred   799          

in a township or in a park district created pursuant to section    800          

511.18 or 1545.01 of the Revised Code and a law enforcement        801          

officer employed by the township or the park district was          802          

                                                          20     

                                                                 
involved in the seizure of the drug paraphernalia, the drug        804          

paraphernalia may be given to the law enforcement agency of that   805          

township or park district if that agency desires to have and can   806          

use the drug paraphernalia.  If the drug paraphernalia is not so   807          

given, it shall be disposed of by sale pursuant to division        808          

(B)(8) of this section or disposed of in another manner that the   809          

court that issued the order of forfeiture considers proper under   810          

the circumstances.                                                              

      (3)  Drugs shall be disposed of pursuant to section 3719.11  812          

of the Revised Code or placed in the custody of the secretary of   813          

the treasury of the United States for disposal or use for medical  814          

or scientific purposes under applicable federal law.               815          

      (4)  Firearms and dangerous ordnance suitable for police     817          

work may be given to a law enforcement agency for that purpose.    818          

Firearms suitable for sporting use, or as museum pieces or         819          

collectors' items, may be disposed of by sale pursuant to          820          

division (B)(8) of this section.  Other firearms and dangerous     821          

ordnance shall be destroyed by a law enforcement agency or shall   822          

be sent to the bureau of criminal identification and               823          

investigation for destruction by it.  As used in this division,    824          

"firearms" and "dangerous ordnance" have the same meanings as in   825          

section 2923.11 of the Revised Code.                               826          

      (5)  Computers, computer networks, computer systems, and     828          

computer software suitable for police work may be given to a law   829          

enforcement agency for that purpose.  Other computers, computer    830          

networks, computer systems, and computer software shall be         831          

disposed of by sale pursuant to division (B)(8) of this section    832          

or disposed of in another manner that the court that issued the    833          

order of forfeiture considers proper under the circumstances.  As  834          

used in this division, "computers," "computer networks,"           835          

"computer systems," and "computer software" have the same          836          

meanings as in section 2913.01 of the Revised Code.                837          

      (6)  Obscene materials shall be destroyed.                   839          

      (7)  Beer, intoxicating liquor, and alcohol shall be         841          

                                                          21     

                                                                 
disposed of in accordance with division (D)(4) of section 2933.41  842          

of the Revised Code.                                               843          

      (8)  In the case of property not described in divisions      845          

(B)(1) to (7) of this section and of property described in those   846          

divisions but not disposed of pursuant to them, the property       847          

shall be sold in accordance with division (B)(8) of this section   848          

or, in the case of forfeited moneys, disposed of in accordance     850          

with division (B)(8) of this section. If the property is to be     852          

sold, the prosecuting attorney shall cause a notice of the         853          

proposed sale of the property to be given in accordance with law,  854          

and the property shall be sold, without appraisal, at a public     855          

auction to the highest bidder for cash. The proceeds of a sale     856          

and forfeited moneys shall be applied in the following order:      857          

      (a)  First, to the payment of the costs incurred in          859          

connection with the seizure of, storage of, maintenance of, and    860          

provision of security for the property, the forfeiture proceeding  861          

or civil action, and, if any, the sale;                            862          

      (b)  Second, the remaining proceeds or forfeited moneys      864          

after compliance with division (B)(8)(a) of this section, to the   865          

payment of the value of any legal right, title, or interest in     866          

the property that is possessed by a person who, pursuant to        867          

division (F) of section 2925.42 of the Revised Code or division    868          

(E) of section 2925.43 of the Revised Code, established the        869          

validity of and consequently preserved that legal right, title,    870          

or interest, including, but not limited to, any mortgage,          871          

perfected or other security interest, or other lien in the         872          

property.  The value of these rights, titles, or interests shall   873          

be paid according to their record or other order of priority.      874          

      (c)  Third, the remaining proceeds or forfeited moneys       876          

after compliance with divisions (B)(8)(a) and (b) of this          877          

section, as follows:                                               878          

      (i)  If the forfeiture was ordered in a juvenile court, ten  880          

per cent to one or more alcohol and drug addiction treatment       881          

programs that are certified by the department of alcohol and drug  882          

                                                          22     

                                                                 
addiction services under section 3793.06 of the Revised Code and   883          

that are specified in the order of forfeiture.  A juvenile court   884          

shall not specify an alcohol or drug addiction treatment program                

in the order of forfeiture unless the program is a certified       885          

alcohol and drug addiction treatment program and, except as        886          

provided in division (B)(8)(c)(i) of this section, unless the      888          

program is located in the county in which the court that orders                 

the forfeiture is located or in a contiguous county.  If no        889          

certified alcohol and drug addiction treatment program is located  890          

in any of those counties, the juvenile court may specify in the    891          

order a certified alcohol and drug addiction treatment program     892          

located anywhere within this state.                                             

      (ii)  If the forfeiture was ordered in a juvenile court,     894          

ninety per cent, and if the forfeiture was ordered in a court      896          

other than a juvenile court, one hundred per cent to appropriate   899          

funds in accordance with divisions (D)(1)(c) and (2) of section    900          

2933.43 of the Revised Code.  The remaining proceeds or forfeited  901          

moneys so deposited shall be used only for the purposes            902          

authorized by those divisions and division (D)(3)(a)(ii) of that   903          

section.                                                                        

      (C)(1)  Sections 2925.41 to 2925.45 of the Revised Code do   905          

not preclude a financial institution that possessed a valid        906          

mortgage, security interest, or lien that is not satisfied prior   907          

to a sale under division (B)(8) of this section or following a     908          

sale by application of division (B)(8)(b) of this section, from    909          

commencing a civil action in any appropriate court in this or      910          

another state to obtain a deficiency judgment against the debtor   911          

if the financial institution otherwise would have been entitled    912          

to do so in this or another state.                                 913          

      (2)  Any law enforcement agency that obtains any vehicle     915          

pursuant to division (B)(1) of this section shall take the         916          

vehicle subject to the outstanding amount of any security          917          

interest or lien that attaches to the vehicle.                     918          

      (3)  Nothing in this section impairs a mortgage, security    920          

                                                          23     

                                                                 
interest, lien, or other interest of a financial institution in    922          

property that was the subject of a forfeiture order under section  923          

2925.42 or 2925.43 of the Revised Code and that was sold or        924          

otherwise disposed of in a manner that does not conform to the     925          

requirements of division (B) of this section, or any right of a    926          

financial institution of that nature to commence a civil action    928          

in any appropriate court in this or another state to obtain a      929          

deficiency judgment against the debtor.                                         

      (4)  Following the sale under division (B)(8) of this        931          

section of any property that is required to be titled or           932          

registered under the law of this state, the prosecuting attorney   933          

responsible for the disposition of the property shall cause the    934          

state to issue an appropriate certificate of title or              935          

registration to the purchaser of the property.  Additionally, if,  936          

in a disposition of property pursuant to division (B) of this      937          

section, the state or a political subdivision is given any         938          

property that is required to be titled or registered under the     939          

law of this state, the prosecuting attorney responsible for the    940          

disposition of the property shall cause the state to issue an      941          

appropriate certificate of title or registration to itself or to   942          

the political subdivision.                                         943          

      (D)  Property that has been forfeited to the state pursuant  945          

to an order of criminal forfeiture under section 2925.42 of the    946          

Revised Code or an order of civil forfeiture under section         947          

2925.43 of the Revised Code shall not be available for use to pay  948          

any fine imposed upon a person who is convicted of or pleads       949          

guilty to a felony drug abuse offense or upon any juvenile who is  950          

found by a juvenile court to be a delinquent child for an act      951          

that, if committed by an adult, would be a felony drug abuse       952          

offense.                                                           953          

      (E)  Sections 2925.41 to 2925.45 of the Revised Code do not  955          

prohibit a law enforcement officer from seeking the forfeiture of  956          

contraband associated with a felony drug abuse offense pursuant    957          

to section 2933.43 of the Revised Code.                            958          

                                                          24     

                                                                 
      Sec. 2933.43.  (A)(1)  Except as provided in this division   967          

or in section 2913.34 or sections 2925.41 to 2925.45 of the        969          

Revised Code, a law enforcement officer shall seize any            970          

contraband that has been, is being, or is intended to be used in   971          

violation of division (A) of section 2933.42 of the Revised Code.  972          

A law enforcement officer shall seize contraband that is a         973          

watercraft, motor vehicle, or aircraft and that has been, is       974          

being, or is intended to be used in violation of division (A) of   975          

section 2933.42 of the Revised Code only if the watercraft, motor  976          

vehicle, or aircraft is contraband because of its relationship to  977          

an underlying criminal offense that is a felony.                   978          

      Additionally, a law enforcement officer shall seize any      980          

watercraft, motor vehicle, aircraft, or other personal property    981          

that is classified as contraband under division (B) of section     982          

2933.42 of the Revised Code if the underlying offense involved in  983          

the violation of division (A) of that section that resulted in     984          

the watercraft, motor vehicle, aircraft, or personal property      985          

being classified as contraband, is a felony.                       986          

      (2)  If a law enforcement officer seizes property that is    988          

titled or registered under law, including a motor vehicle,         989          

pursuant to division (A)(1) of this section, the officer or the    990          

officer's employing law enforcement agency shall notify the owner  991          

of the seizure.  The notification shall be given to the owner at   992          

the owner's last known address within seventy-two hours after the  993          

seizure, and may be given orally by any means, including           994          

telephone, or by certified mail, return receipt requested.         995          

      If the officer or the officer's agency is unable to provide  997          

the notice required by this division despite reasonable, good      998          

faith efforts to do so, the exercise of the reasonable, good       999          

faith efforts constitutes fulfillment of the notice requirement    1,000        

imposed by this division.                                          1,001        

      (B)(1)  A motor vehicle seized pursuant to division (A)(1)   1,003        

of this section and the contents of the vehicle may be retained    1,004        

for a reasonable period of time, not to exceed seventy-two hours,  1,005        

                                                          25     

                                                                 
for the purpose of inspection, investigation, and the gathering    1,006        

of evidence of any offense or illegal use.                         1,007        

      At any time prior to the expiration of the seventy-two-hour  1,009        

period, the law enforcement agency that seized the motor vehicle   1,010        

may petition the court of common pleas of the county that has      1,011        

jurisdiction over the underlying criminal case or administrative   1,012        

proceeding involved in the forfeiture for an extension of the      1,013        

seventy-two-hour period if the motor vehicle or its contents are   1,014        

needed as evidence or if additional time is needed for the         1,015        

inspection, investigation, or gathering of evidence.  Upon the     1,016        

filing of such a petition, the court immediately shall schedule a  1,017        

hearing to be held at a time as soon as possible after the         1,018        

filing, but in no event at a time later than the end of the next   1,019        

business day subsequent to the day on which the petition was       1,020        

filed, and upon scheduling the hearing, immediately shall notify   1,021        

the owner of the vehicle, at the address at which notification of  1,022        

the seizure was provided under division (A) of this section, of    1,023        

the date, time, and place of the hearing.  If the court, at the    1,024        

hearing, determines that the vehicle or its contents, or both,     1,025        

are needed as evidence or that additional time is needed for the   1,026        

inspection, investigation, or gathering of evidence, the court     1,027        

may grant the petition and issue an order authorizing the          1,028        

retention of the vehicle or its contents, or both, for an          1,029        

extended period as specified by the court in its order.  An order  1,030        

extending a period of retention issued under this division may be  1,031        

renewed.                                                           1,032        

      If no petition for the extension of the initial              1,034        

seventy-two-hour period has been filed, prior to the expiration    1,035        

of that period, under this division, if the vehicle was not in     1,036        

the custody and control of the owner at the time of its seizure,   1,037        

and if, at the end of that seventy-two-hour period, the owner of   1,038        

the vehicle has not been charged with an offense or                1,039        

administrative violation that includes the use of the vehicle as   1,040        

an element and has not been charged with any other offense or      1,041        

                                                          26     

                                                                 
administrative violation in the actual commission of which the     1,042        

motor vehicle was used, the vehicle and its contents shall be      1,043        

released to its owner or the owner's agent, provided that the law  1,044        

enforcement agency that seized the vehicle may require proof of    1,045        

ownership of the vehicle, proof of ownership or legal possession   1,046        

of the contents, and an affidavit of the owner that the owner      1,047        

neither knew of nor expressly or impliedly consented to the use    1,048        

of the vehicle that resulted in its forfeiture as conditions       1,049        

precedent to release.  If a petition for the extension of the      1,050        

initial seventy-two-hour period has been filed, prior to the       1,051        

expiration of that period, under this division but the court does  1,052        

not grant the petition, if the vehicle was not in the custody and  1,053        

control of the owner at the time of its seizure, and if, at the    1,054        

end of that seventy-two-hour period, the owner of the vehicle has  1,055        

not been charged with an offense or administrative violation that  1,056        

includes the use of the vehicle as an element and has not been     1,057        

charged with any other offense or administrative violation in the  1,058        

actual commission of which the motor vehicle was used, the         1,059        

vehicle and its contents shall be released to its owner or the     1,060        

owner's agent, provided that the court may require the proof and   1,061        

affidavit described in the preceding sentence as conditions        1,062        

precedent to release.  If the initial seventy-two-hour period has  1,063        

been extended under this division, the vehicle and its contents    1,064        

to which the extension applies may be retained in accordance with  1,065        

the extension order.  If, at the end of that extended period, the  1,066        

owner of the vehicle has not been charged with an offense or       1,067        

administrative violation that includes the use of the vehicle as   1,068        

an element and has not been charged with any other offense or      1,069        

administrative violation in the actual commission of which the     1,070        

motor vehicle was used, and if the vehicle was not in the custody  1,071        

and control of the owner at the time of its seizure, the vehicle   1,072        

and its contents shall be released to its owner or the owner's     1,073        

agent, provided that the court may require the proof and           1,074        

affidavit described in the third preceding sentence as conditions  1,075        

                                                          27     

                                                                 
precedent to release.  In cases in which the court may require     1,076        

proof and affidavits as conditions precedent to release, the       1,077        

court also may require the posting of a bond, with sufficient      1,078        

sureties approved by the court, in an amount equal to the value    1,079        

of the property to be released, as determined by the court, and    1,080        

conditioned upon the return of the property to the court if it is  1,081        

forfeited under this section, as a further condition to release.   1,082        

If, at the end of the initial seventy-two-hour period or at the    1,083        

end of any extended period granted under this section, the owner   1,084        

has been charged with an offense or administrative violation that  1,085        

includes the use of the vehicle as an element or has been charged  1,086        

with another offense or administrative violation in the actual     1,087        

commission of which the motor vehicle was used, or if the vehicle  1,088        

was in the custody and control of the owner at the time of its     1,089        

seizure, the vehicle and its contents shall be retained pending    1,090        

disposition of the charge, provided that upon the filing of a      1,091        

motion for release by the owner, if the court determines that the  1,092        

motor vehicle or its contents, or both, are not needed as          1,093        

evidence in the underlying criminal case or administrative         1,094        

proceeding, the court may permit the release of the property that  1,095        

is not needed as evidence to the owner; as a condition precedent   1,096        

to a release of that nature, the court may require the owner to    1,097        

execute a bond with the court.  Any bond so required shall be in   1,098        

an amount equal to the value of the property to be released, as    1,099        

determined by the court, shall have sufficient sureties approved   1,100        

by the court, and shall be conditioned upon the return of the      1,101        

property to the court to which it is forfeited under this          1,102        

section.                                                                        

      The final disposition of a motor vehicle seized pursuant to  1,104        

division (A)(1) of this section shall be determined in accordance  1,105        

with division (C) of this section.                                 1,106        

      (2)  Pending a hearing pursuant to division (C) of this      1,108        

section, and subject to divisions (B)(1) and (C) of this section,  1,109        

any property lawfully seized pursuant to division (A) of this      1,110        

                                                          28     

                                                                 
section because it was contraband of a type described in division  1,111        

(A)(13)(b), (d), (e), (f), (g), (h), (i), or (j) of section        1,113        

2901.01 of the Revised Code shall not be subject to replevin or    1,114        

other action in any court and shall not be subject to release      1,115        

upon request of the owner, and no judgment shall be enforced       1,116        

against the property.  Pending the hearing, and subject to         1,117        

divisions (B)(1) and (C) of this section, the property shall be    1,118        

kept in the custody of the law enforcement agency responsible for  1,119        

its seizure.                                                       1,120        

      Pending a hearing pursuant to division (C) of this section,  1,122        

and notwithstanding any provisions of division (B)(1) or (C) of    1,123        

this section to the contrary, any property lawfully seized         1,124        

pursuant to division (A) of this section because it was            1,125        

contraband of a type described in division (A)(13)(a) or (c) of    1,127        

section 2901.01 of the Revised Code shall not be subject to        1,128        

replevin or other action in any court and shall not be subject to  1,129        

release upon request of the owner, and no judgment shall be                     

enforced against the property.  Pending the hearing, and           1,130        

notwithstanding any provisions of division (B)(1) or (C) of this   1,131        

section to the contrary, the property shall be kept in the         1,132        

custody of the law enforcement agency responsible for its          1,133        

seizure.                                                           1,134        

      A law enforcement agency that seizes property under          1,136        

division (A) of this section because it was contraband of any      1,137        

type described in division (A)(13) of section 2901.01 or division  1,139        

(B) of section 2933.42 of the Revised Code shall maintain an                    

accurate record of each item of property so seized, which record   1,140        

shall include the date on which each item was seized, the manner   1,141        

and date of its disposition, and if applicable, the name of the    1,142        

person who received the item; however, the record shall not        1,143        

identify or enable the identification of the individual officer    1,144        

who seized the item.  The record of property of that nature that   1,145        

no longer is needed as evidence shall be open to public            1,146        

inspection during the agency's regular business hours.  Each law   1,147        

                                                          29     

                                                                 
enforcement agency that, during any calendar year, seizes          1,148        

property under division (A) of this section because it was         1,149        

contraband shall prepare a report covering the calendar year that  1,150        

cumulates all of the information contained in all of the records   1,151        

kept by the agency pursuant to this division for that calendar     1,152        

year, and shall send a copy of the cumulative report, no later     1,153        

than the first day of March in the calendar year following the     1,154        

calendar year covered by the report, to the attorney general.      1,155        

Each report received by the attorney general is a public record    1,156        

open for inspection under section 149.43 of the Revised Code.      1,157        

The attorney general shall make copies of each report received,    1,158        

and, no later than the fifteenth day of April in the calendar      1,159        

year in which the report is received, shall send a copy of it to   1,160        

the president of the senate and the speaker of the house of        1,161        

representatives.                                                   1,162        

      (C)  The prosecuting attorney, village solicitor, city       1,164        

director of law, or similar chief legal officer who has            1,165        

responsibility for the prosecution of the underlying criminal      1,166        

case or administrative proceeding, or the attorney general if the  1,167        

attorney general has that responsibility, shall file a petition    1,168        

for the forfeiture, to the seizing law enforcement agency of the   1,169        

contraband seized pursuant to division (A) of this section.  The   1,170        

petition shall be filed in the court that has jurisdiction over    1,171        

the underlying criminal case or administrative proceeding          1,172        

involved in the forfeiture.  If the property was seized on the     1,173        

basis of both a criminal violation and an administrative           1,174        

regulation violation, the petition shall be filed by the officer   1,175        

and in the court that is appropriate in relation to the criminal   1,176        

case.                                                              1,177        

      The petitioner shall conduct or cause to be conducted a      1,179        

search of the appropriate public records that relate to the        1,180        

seized property for the purpose of determining, and shall make or  1,181        

cause to be made reasonably diligent inquiries for the purpose of  1,182        

determining, any person having an ownership or security interest   1,183        

                                                          30     

                                                                 
in the property.  The petitioner then shall give notice of the     1,184        

forfeiture proceedings by personal service or by certified mail,   1,185        

return receipt requested, to any persons known, because of the     1,186        

conduct of the search, the making of the inquiries, or otherwise,  1,187        

to have an ownership or security interest in the property, and     1,188        

shall publish notice of the proceedings once each week for two     1,189        

consecutive weeks in a newspaper of general circulation in the     1,190        

county in which the seizure occurred.  The notices shall be        1,191        

personally served, mailed, and first published at least four       1,192        

weeks before the hearing.  They shall describe the property        1,193        

seized; state the date and place of seizure; name the law          1,194        

enforcement agency that seized the property and, if applicable,    1,195        

that is holding the property; list the time, date, and place of    1,196        

the hearing; and state that any person having an ownership or      1,197        

security interest in the property may contest the forfeiture.      1,198        

      If the property seized was determined by the seizing law     1,200        

enforcement officer to be contraband because of its relationship   1,201        

to an underlying criminal offense or administrative violation, no  1,202        

forfeiture hearing shall be held under this section unless the     1,203        

person pleads guilty to or is convicted of the commission of, or   1,204        

an attempt or conspiracy to commit, the offense or a different     1,205        

offense arising out of the same facts and circumstances or unless  1,206        

the person admits or is adjudicated to have committed the          1,207        

administrative violation or a different violation arising out of   1,208        

the same facts and circumstances; a forfeiture hearing shall be    1,209        

held in a case of that nature no later than forty-five days after  1,210        

the conviction or the admission or adjudication of the violation,  1,211        

unless the time for the hearing is extended by the court for good  1,212        

cause shown.  The owner of any property seized because of its      1,213        

relationship to an underlying criminal offense or administrative   1,214        

violation may request the court to release the property to the     1,215        

owner.  Upon receipt of a request of that nature, if the court     1,216        

determines that the property is not needed as evidence in the      1,217        

underlying criminal case or administrative proceeding, the court   1,218        

                                                          31     

                                                                 
may permit the release of the property to the owner.  As a         1,219        

condition precedent to a release of that nature, the court may     1,220        

require the owner to execute a bond with the court.  Any bond so   1,221        

required shall have sufficient sureties approved by the court,     1,222        

shall be in a sum equal to the value of the property, as           1,223        

determined by the court, and shall be conditioned upon the return  1,224        

of the property to the court if the property is forfeited under    1,225        

this section.  Any property seized because of its relationship to  1,226        

an underlying criminal offense or administrative violation shall   1,227        

be returned to its owner if charges are not filed in relation to   1,228        

that underlying offense or violation within thirty days after the  1,229        

seizure, if charges of that nature are filed and subsequently are  1,230        

dismissed, or if charges of that nature are filed and the person   1,231        

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   1,232        

violation.                                                                      

      If the property seized was determined by the seizing law     1,234        

enforcement officer to be contraband other than because of a       1,235        

relationship to an underlying criminal offense or administrative   1,236        

violation, the forfeiture hearing under this section shall be      1,237        

held no later than forty-five days after the seizure, unless the   1,238        

time for the hearing is extended by the court for good cause       1,239        

shown.                                                             1,240        

      Where possible, a court holding a forfeiture hearing under   1,242        

this section shall follow the Rules of Civil Procedure.  When a    1,243        

hearing is conducted under this section, property shall be         1,244        

forfeited upon a showing, by a preponderance of the evidence, by   1,245        

the petitioner that the person from which the property was seized  1,246        

was in violation of division (A) of section 2933.42 of the         1,247        

Revised Code.  If that showing is made, the court shall issue an   1,248        

order of forfeiture.  If an order of forfeiture is issued in       1,249        

relation to contraband that was released to the owner or the       1,250        

owner's agent pursuant to this division or division (B)(1) of      1,251        

this section, the order shall require the owner to deliver the     1,252        

                                                          32     

                                                                 
property, by a specified date, to the law enforcement agency that  1,253        

employed the law enforcement officer who made the seizure of the   1,254        

property, and the court shall deliver a copy of the order to the   1,255        

owner or send a copy of it by certified mail, return receipt       1,256        

requested, to the owner at the address to which notice of the      1,257        

seizure was given under division (A)(2) of this section.  Except   1,258        

as otherwise provided in this division, all rights, interest, and  1,259        

title to the forfeited contraband vests in the state, effective    1,260        

from the date of seizure.                                          1,261        

      No property shall be forfeited pursuant to this division if  1,263        

the owner of the property establishes, by a preponderance of the   1,264        

evidence, that the owner neither knew, nor should have known       1,265        

after a reasonable inquiry, that the property was used, or was     1,266        

likely to be used, in a crime or administrative violation.  No     1,267        

bona fide security interest shall be forfeited pursuant to this    1,268        

division if the holder of the interest establishes, by a           1,269        

preponderance of the evidence, that the holder of the interest     1,270        

neither knew, nor should have known after a reasonable inquiry,    1,272        

that the property was used, or likely to be used, in a crime or    1,273        

administrative violation, that the holder of the interest did not  1,274        

expressly or impliedly consent to the use of the property in a     1,275        

crime or administrative violation, and that the security interest  1,276        

was perfected pursuant to law prior to the seizure.  If the        1,277        

holder of the interest satisfies the court that these              1,278        

requirements are met, the interest shall be preserved by the       1,279        

court.  In a case of that nature, the court shall either order     1,280        

that the agency to which the property is forfeited reimburse the   1,281        

holder of the interest to the extent of the preserved interest or  1,282        

order that the holder be paid for the interest from the proceeds   1,283        

of any sale pursuant to division (D) of this section.              1,284        

      (D)(1)  Contraband ordered forfeited pursuant to this        1,286        

section shall be disposed of pursuant to divisions (D)(1) to (7)   1,287        

of section 2933.41 of the Revised Code or, if the contraband is    1,288        

not described in those divisions, may be used, with the approval   1,289        

                                                          33     

                                                                 
of the court, by the law enforcement agency that has custody of    1,290        

the contraband pursuant to division (D)(8) of that section.  In    1,291        

the case of contraband not described in any of those divisions     1,292        

and of contraband not disposed of pursuant to any of those         1,293        

divisions, the contraband shall be sold in accordance with this    1,294        

division or, in the case of forfeited moneys, disposed of in       1,295        

accordance with this division.  If the contraband is to be sold,   1,296        

the prosecuting attorney shall cause a notice of the proposed      1,297        

sale of the contraband to be given in accordance with law, and     1,298        

the property shall be sold, without appraisal, at a public         1,299        

auction to the highest bidder for cash.  The proceeds of a sale    1,300        

and forfeited moneys shall be applied in the following order:      1,301        

      (a)  First, to the payment of the costs incurred in          1,303        

connection with the seizure of, storage of, maintenance of, and    1,304        

provision of security for the contraband, the forfeiture           1,305        

proceeding, and, if any, the sale;                                 1,306        

      (b)  Second, the remaining proceeds or forfeited moneys      1,308        

after compliance with division (D)(1)(a) of this section, to the   1,309        

payment of the balance due on any security interest preserved      1,310        

pursuant to division (C) of this section;                          1,311        

      (c)  Third, the remaining proceeds or forfeited moneys       1,313        

after compliance with divisions (D)(1)(a) and (b) of this          1,314        

section, as follows:                                               1,315        

      (i)  If the forfeiture was ordered in a juvenile court, ten  1,317        

per cent to one or more alcohol and drug addiction treatment       1,318        

programs that are certified by the department of alcohol and drug  1,319        

addiction services under section 3793.06 of the Revised Code and   1,320        

that are specified in the order of forfeiture.  A juvenile court   1,322        

shall not certify an alcohol or drug addiction treatment program   1,323        

in the order of forfeiture unless the program is a certified                    

alcohol and drug addiction treatment program and, except as        1,324        

provided in division (D)(1)(c)(i) of this section, unless the      1,325        

program is located in the county in which the court that orders    1,326        

the forfeiture is located or in a contiguous county.  If no        1,327        

                                                          34     

                                                                 
certified alcohol and drug addiction treatment program is located  1,328        

in any of those counties, the juvenile court may specify in the    1,329        

order a certified alcohol and drug addiction treatment program                  

located anywhere within this state.                                1,330        

      (ii)  If the forfeiture was ordered in a juvenile court,     1,332        

ninety per cent, and if the forfeiture was ordered in a court      1,333        

other than a juvenile court, one hundred per cent to the law       1,334        

enforcement trust fund of the prosecuting attorney and to the law  1,336        

enforcement trust fund of the county sheriff if the county         1,337        

sheriff made the seizure, to the law enforcement trust fund of a   1,338        

municipal corporation if its police department made the seizure,   1,339        

to the law enforcement trust fund of a township if the seizure     1,340        

was made by a township police department, township police          1,341        

district police force, or office of a township constable, to the   1,342        

law enforcement trust fund of a park district created pursuant to  1,343        

section 511.18 or 1545.01 of the Revised Code if the seizure was   1,344        

made by the park district police force or law enforcement          1,345        

department, to the state highway patrol contraband, forfeiture,    1,346        

and other fund if the state highway patrol made the seizure, to    1,347        

the liquor enforcement contraband, forfeiture, and other fund if   1,348        

the liquor enforcement unit of the department of public safety     1,349        

made the seizure, to the food stamp contraband, forfeiture, and    1,350        

other fund if the food stamp trafficking unit of the department    1,352        

of public safety made the seizure, to the board of pharmacy drug   1,353        

law enforcement fund created by division (B)(1) of section         1,354        

4729.65 of the Revised Code if the board made the seizure, or to   1,355        

the treasurer of state for deposit into the peace officer          1,356        

training commission fund if a state law enforcement agency, other  1,358        

than the state highway patrol, the department of public safety,    1,359        

or the state board of pharmacy, made the seizure.  The             1,360        

prosecuting attorney may decline to accept any of the remaining    1,361        

proceeds or forfeited moneys, and, if the prosecuting attorney so  1,362        

declines, the remaining proceeds or forfeited moneys shall be      1,363        

applied to the fund described in this division that relates to     1,364        

                                                          35     

                                                                 
the law enforcement agency that made the seizure.                  1,365        

      A law enforcement trust fund shall be established by the     1,367        

prosecuting attorney of each county who intends to receive any     1,368        

remaining proceeds or forfeited moneys pursuant to this division,  1,369        

by the sheriff of each county, by the legislative authority of     1,370        

each municipal corporation, by the board of township trustees of   1,371        

each township that has a township police department, township      1,372        

police district police force, or office of the constable, and by   1,373        

the board of park commissioners of each park district created      1,374        

pursuant to section 511.18 or 1545.01 of the Revised Code that     1,375        

has a park district police force or law enforcement department,    1,376        

for the purposes of this division.  There is hereby created in     1,377        

the state treasury the state highway patrol contraband,            1,378        

forfeiture, and other fund, the liquor enforcement contraband,     1,379        

forfeiture, and other fund, the food stamp contraband,             1,380        

forfeiture, and other fund, and the peace officer training         1,381        

commission fund, for the purposes described in this division.      1,383        

      Proceeds or forfeited moneys distributed to any municipal    1,385        

corporation, township, or park district law enforcement trust      1,386        

fund shall be allocated from the fund by the legislative           1,387        

authority only to the police department of the municipal           1,388        

corporation, by the board of township trustees only to the         1,389        

township police department, township police district police        1,390        

force, or office of the constable, and by the board of park        1,391        

commissioners only to the park district police force or law        1,392        

enforcement department.                                            1,393        

      Additionally, no proceeds or forfeited moneys shall be       1,395        

allocated to or used by the state highway patrol, the food stamp   1,396        

trafficking unit or liquor enforcement unit of the department of   1,398        

public safety, the state board of pharmacy, or a county sheriff,   1,399        

prosecuting attorney, municipal corporation police department,     1,400        

township police department, township police district police        1,401        

force, office of the constable, or park district police force or   1,402        

law enforcement department unless the state highway patrol,        1,403        

                                                          36     

                                                                 
department of public safety, state board of pharmacy, sheriff,     1,404        

prosecuting attorney, municipal corporation police department,     1,405        

township police department, township police district police        1,406        

force, office of the constable, or park district police force or   1,407        

law enforcement department has adopted a written internal control  1,408        

policy under division (D)(3) of this section that addresses the    1,409        

use of moneys received from the state highway patrol contraband,   1,410        

forfeiture, and other fund, the liquor enforcement contraband,     1,411        

forfeiture, and other fund, the food stamp contraband,                          

forfeiture, and other fund, the board of pharmacy drug law         1,412        

enforcement fund, or the appropriate law enforcement trust fund.   1,413        

The state highway patrol contraband, forfeiture, and other fund,   1,414        

the liquor enforcement contraband, forfeiture, and other fund,     1,415        

the food stamp contraband, forfeiture, and other fund, and a law   1,416        

enforcement trust fund shall be expended only in accordance with   1,417        

the written internal control policy so adopted by the recipient,   1,418        

and, subject to the requirements specified in division             1,419        

(D)(3)(a)(ii) of this section, only to pay the costs of            1,420        

protracted or complex investigations or prosecutions, to provide   1,421        

reasonable technical training or expertise, to provide matching    1,422        

funds to obtain federal grants to aid law enforcement, in the      1,423        

support of DARE programs or other programs designed to educate     1,424        

adults or children with respect to the dangers associated with     1,425        

the use of drugs of abuse, or for other law enforcement purposes   1,427        

that the superintendent of the state highway patrol, department    1,428        

of public safety, prosecuting attorney, county sheriff,            1,429        

legislative authority, board of township trustees, or board of     1,430        

park commissioners determines to be appropriate.  The board of     1,431        

pharmacy drug law enforcement fund shall be expended only in       1,432        

accordance with the written internal control policy so adopted by  1,433        

the board and only in accordance with section 4729.65 of the       1,434        

Revised Code.  The state highway patrol contraband, forfeiture,    1,435        

and other fund, the liquor enforcement contraband, seizure, and                 

other fund, the food stamp contraband, forfeiture, and other       1,436        

                                                          37     

                                                                 
fund, the board of pharmacy drug law enforcement fund, and a law   1,438        

enforcement trust fund shall not be used to meet the operating     1,439        

costs of the state highway patrol, of the food stamp trafficking   1,440        

unit or liquor enforcement unit of the department of public        1,441        

safety, of the state board of pharmacy, of any political           1,442        

subdivision, or of any office of a prosecuting attorney or county  1,443        

sheriff that are unrelated to law enforcement.                                  

      Proceeds and forfeited moneys that are paid into the state   1,445        

treasury to be deposited into the peace officer training           1,446        

commission fund shall be used by the commission only to pay the    1,448        

costs of peace officer training.                                   1,449        

      Any sheriff or prosecuting attorney who receives proceeds    1,451        

or forfeited moneys pursuant to this division during any calendar  1,452        

year shall file a report with the county auditor, no later than    1,453        

the thirty-first day of January of the next calendar year,         1,454        

verifying that the proceeds and forfeited moneys were expended     1,455        

only for the purposes authorized by this division and division     1,456        

(D)(3)(a)(ii) of this section and specifying the amounts expended  1,457        

for each authorized purpose.  Any municipal corporation police     1,458        

department that is allocated proceeds or forfeited moneys from a   1,459        

municipal corporation law enforcement trust fund pursuant to this  1,460        

division during any calendar year shall file a report with the     1,461        

legislative authority of the municipal corporation, no later than  1,462        

the thirty-first day of January of the next calendar year,         1,463        

verifying that the proceeds and forfeited moneys were expended     1,464        

only for the purposes authorized by this division and division     1,465        

(D)(3)(a)(ii) of this section and specifying the amounts expended  1,466        

for each authorized purpose.  Any township police department,      1,467        

township police district police force, or office of the constable  1,468        

that is allocated proceeds or forfeited moneys from a township     1,469        

law enforcement trust fund pursuant to this division during any    1,470        

calendar year shall file a report with the board of township       1,471        

trustees of the township, no later than the thirty-first day of    1,472        

January of the next calendar year, verifying that the proceeds     1,473        

                                                          38     

                                                                 
and forfeited moneys were expended only for the purposes           1,474        

authorized by this division and division (D)(3)(a)(ii) of this     1,475        

section and specifying the amounts expended for each authorized    1,476        

purpose.  Any park district police force or law enforcement        1,477        

department that is allocated proceeds or forfeited moneys from a   1,478        

park district law enforcement trust fund pursuant to this          1,479        

division during any calendar year shall file a report with the     1,480        

board of park commissioners of the park district, no later than    1,481        

the thirty-first day of January of the next calendar year,         1,482        

verifying that the proceeds and forfeited moneys were expended     1,483        

only for the purposes authorized by this division and division     1,484        

(D)(3)(a)(ii) of this section and specifying the amounts expended  1,485        

for each authorized purpose.  The superintendent of the state      1,486        

highway patrol shall file a report with the attorney general, no   1,487        

later than the thirty-first day of January of each calendar year,  1,488        

verifying that proceeds and forfeited moneys paid into the state   1,489        

highway patrol contraband, forfeiture, and other fund pursuant to  1,490        

this division during the prior calendar year were used by the      1,491        

state highway patrol during the prior calendar year only for the   1,492        

purposes authorized by this division and specifying the amounts    1,493        

expended for each authorized purpose.  The executive director of   1,494        

the state board of pharmacy shall file a report with the attorney  1,495        

general, no later than the thirty-first day of January of each     1,496        

calendar year, verifying that proceeds and forfeited moneys paid   1,497        

into the board of pharmacy drug law enforcement fund during the    1,498        

prior calendar year were used only in accordance with section      1,499        

4729.65 of the Revised Code and specifying the amounts expended    1,500        

for each authorized purpose.  The peace officer training           1,501        

commission shall file a report with the attorney general, no       1,502        

later than the thirty-first day of January of each calendar year,  1,504        

verifying that proceeds and forfeited moneys paid into the peace   1,505        

officer training commission fund pursuant to this division during  1,507        

the prior calendar year were used by the commission during the     1,508        

prior calendar year only to pay the costs of peace officer         1,510        

                                                          39     

                                                                 
training and specifying the amount used for that purpose.          1,511        

      (2)  If more than one law enforcement agency is              1,513        

substantially involved in the seizure of contraband that is        1,514        

forfeited pursuant to this section, the court ordering the         1,515        

forfeiture shall equitably divide the proceeds or forfeited        1,516        

moneys, after calculating any distribution to the law enforcement  1,517        

trust fund of the prosecuting attorney pursuant to division        1,518        

(D)(1)(c) of this section, among any county sheriff whose office   1,519        

is determined by the court to be substantially involved in the     1,520        

seizure, any legislative authority of a municipal corporation      1,521        

whose police department is determined by the court to be           1,522        

substantially involved in the seizure, any board of township       1,523        

trustees whose law enforcement agency is determined by the court   1,524        

to be substantially involved in the seizure, any board of park     1,525        

commissioners of a park district whose police force or law         1,526        

enforcement department is determined by the court to be            1,527        

substantially involved in the seizure, the state board of          1,528        

pharmacy if it is determined by the court to be substantially      1,529        

involved in the seizure, the food stamp trafficking unit or        1,530        

liquor enforcement unit of the department of public safety if it   1,531        

is determined by the court to be substantially involved in the     1,532        

seizure, and the state highway patrol if it is determined by the   1,533        

court to be substantially involved in the seizure.  The proceeds   1,534        

or forfeited moneys shall be deposited in the respective law       1,535        

enforcement trust funds of the county sheriff, municipal           1,536        

corporation, township, and park district, the board of pharmacy    1,537        

drug law enforcement fund, the liquor enforcement contraband,      1,539        

forfeiture, and other fund, the food stamp contraband,             1,540        

forfeiture, and other fund, or the state highway patrol            1,541        

contraband, forfeiture, and other fund, in accordance with         1,542        

division (D)(1)(c) of this section.  If a state law enforcement    1,543        

agency, other than the state highway patrol, the food stamp        1,544        

trafficking unit or liquor enforcement unit of the department of   1,545        

public safety, or the state board of pharmacy, is determined by    1,546        

                                                          40     

                                                                 
the court to be substantially involved in the seizure, the state   1,547        

agency's equitable share of the proceeds and forfeited moneys      1,548        

shall be paid to the treasurer of state for deposit into the       1,549        

peace officer training commission fund.                            1,550        

      (3)(a)(i)  Prior to being allocated or using any proceeds    1,552        

or forfeited moneys out of the state highway patrol contraband,    1,553        

forfeiture, and other fund, the liquor enforcement contraband,     1,554        

forfeiture, and other fund, the food stamp contraband, seizure,    1,555        

and other fund, the board of pharmacy drug law enforcement fund,   1,557        

or a law enforcement trust fund under division (D)(1)(c) of this   1,558        

section, the state highway patrol, the department of public                     

safety, the state board of pharmacy, and a county sheriff,         1,559        

prosecuting attorney, municipal corporation police department,     1,560        

township police department, township police district police        1,561        

force, office of the constable, or park district police force or   1,562        

law enforcement department shall adopt a written internal control  1,563        

policy that addresses the state highway patrol's, department of    1,564        

public safety's, state board of pharmacy's, sheriff's,             1,565        

prosecuting attorney's, police department's, police force's,       1,566        

office of the constable's, or law enforcement department's use     1,567        

and disposition of all the proceeds and forfeited moneys received  1,568        

and that provides for the keeping of detailed financial records    1,569        

of the receipts of the proceeds and forfeited moneys, the general  1,570        

types of expenditures made out of the proceeds and forfeited       1,571        

moneys, the specific amount of each general type of expenditure,   1,572        

and the amounts, portions, and programs described in division      1,573        

(D)(3)(a)(ii) of this section.  The policy shall not provide for   1,574        

or permit the identification of any specific expenditure that is   1,575        

made in an ongoing investigation.                                  1,576        

      All financial records of the receipts of the proceeds and    1,578        

forfeited moneys, the general types of expenditures made out of    1,579        

the proceeds and forfeited moneys, the specific amount of each     1,580        

general type of expenditure by the state highway patrol, by the    1,581        

department of public safety, by the state board of pharmacy, and   1,582        

                                                          41     

                                                                 
by a sheriff, prosecuting attorney, municipal corporation police   1,583        

department, township police department, township police district   1,584        

police force, office of the constable, or park district police     1,585        

force or law enforcement department, and the amounts, portions,    1,586        

and programs described in division (D)(3)(a)(ii) of this section   1,587        

are public records open for inspection under section 149.43 of     1,588        

the Revised Code.  Additionally, a written internal control        1,589        

policy adopted under this division is a public record of that      1,590        

nature, and the state highway patrol, the department of public     1,591        

safety, the state board of pharmacy, or the sheriff, prosecuting   1,592        

attorney, municipal corporation police department, township        1,593        

police department, township police district police force, office   1,594        

of the constable, or park district police force or law             1,595        

enforcement department that adopted it shall comply with it.       1,596        

      (ii)  The written internal control policy of a county        1,598        

sheriff, prosecuting attorney, municipal corporation police        1,599        

department, township police department, township police district   1,600        

police force, office of the constable, or park district police     1,601        

force or law enforcement department shall provide that at least    1,602        

ten per cent of the first one hundred thousand dollars of          1,603        

proceeds and forfeited moneys deposited during each calendar year  1,604        

in the sheriff's, prosecuting attorney's, municipal                1,605        

corporation's, township's, or park district's law enforcement      1,606        

trust fund pursuant to division (B)(8)(c) of section 2925.44 of    1,607        

the Revised Code, and at least twenty per cent of the proceeds     1,608        

and forfeited moneys exceeding one hundred thousand dollars that   1,609        

are so deposited, shall be used in connection with community       1,610        

preventive education programs.  The manner in which the described  1,611        

percentages are so used shall be determined by the sheriff,        1,612        

prosecuting attorney, department, police force, or office of the   1,613        

constable after the receipt and consideration of advice on         1,614        

appropriate community preventive education programs from the       1,615        

county's board of alcohol, drug addiction, and mental health       1,616        

services, from the county's alcohol and drug addiction services    1,617        

                                                          42     

                                                                 
board, or through appropriate community dialogue.  The financial   1,618        

records described in division (D)(3)(a)(i) of this section shall   1,619        

specify the amount of the proceeds and forfeited moneys deposited  1,620        

during each calendar year in the sheriff's, prosecuting            1,621        

attorney's, municipal corporation's, township's, or park           1,622        

district's law enforcement trust fund pursuant to division         1,623        

(B)(8)(c) of section 2925.44 of the Revised Code, the portion of   1,624        

that amount that was used pursuant to the requirements of this     1,625        

division, and the community preventive education programs in       1,626        

connection with which the portion of that amount was so used.      1,627        

      As used in this division, "community preventive education    1,629        

programs" includes, but is not limited to, DARE programs and       1,630        

other programs designed to educate adults or children with         1,631        

respect to the dangers associated with the use of drugs of abuse.  1,632        

      (b)  Each sheriff, prosecuting attorney, municipal           1,634        

corporation police department, township police department,         1,635        

township police district police force, office of the constable,    1,636        

or park district police force or law enforcement department that   1,637        

receives in any calendar year any proceeds or forfeited moneys     1,638        

out of a law enforcement trust fund under division (D)(1)(c) of    1,639        

this section or uses any proceeds or forfeited moneys in its law   1,640        

enforcement trust fund in any calendar year shall prepare a        1,641        

report covering the calendar year that cumulates all of the        1,642        

information contained in all of the public financial records kept  1,643        

by the sheriff, prosecuting attorney, municipal corporation        1,644        

police department, township police department, township police     1,645        

district police force, office of the constable, or park district   1,646        

police force or law enforcement department pursuant to division    1,647        

(D)(3)(a) of this section for that calendar year, and shall send   1,648        

a copy of the cumulative report, no later than the first day of    1,649        

March in the calendar year following the calendar year covered by  1,650        

the report, to the attorney general.                               1,651        

      The superintendent of the state highway patrol shall         1,653        

prepare a report covering each calendar year in which the state    1,654        

                                                          43     

                                                                 
highway patrol uses any proceeds or forfeited moneys in the state  1,655        

highway patrol contraband, forfeiture, and other fund under        1,656        

division (D)(1)(c) of this section, that cumulates all of the      1,657        

information contained in all of the public financial records kept  1,658        

by the state highway patrol pursuant to division (D)(3)(a) of      1,659        

this section for that calendar year, and shall send a copy of the  1,660        

cumulative report, no later than the first day of March in the     1,661        

calendar year following the calendar year covered by the report,   1,662        

to the attorney general.                                           1,663        

      The department of public safety shall prepare a report       1,665        

covering each fiscal year in which the department uses any         1,666        

proceeds or forfeited moneys in the liquor enforcement             1,667        

contraband, seizure, and other fund and the food stamp             1,668        

contraband, forfeiture, and other fund under division (D)(1)(c)    1,669        

of this section that cumulates all of the information contained    1,670        

in all of the public financial records kept by the department      1,671        

pursuant to division (D)(3)(a) of this section for that fiscal     1,672        

year.  The department shall send a copy of the cumulative report   1,673        

to the attorney general no later than the first day of August in   1,674        

the fiscal year following the fiscal year covered by the report.   1,675        

The director of public safety shall include in the report a        1,676        

verification that proceeds and forfeited moneys paid into the      1,677        

liquor enforcement contraband, seizure, and other fund and the     1,679        

food stamp contraband, forfeiture, and other fund under division   1,681        

(D)(1)(c) of this section during the preceding fiscal year were    1,682        

used by the department during that fiscal year only for the        1,683        

purposes authorized by that division and shall specify the amount  1,684        

used for each authorized purpose.                                               

      The executive director of the state board of pharmacy shall  1,686        

prepare a report covering each calendar year in which the board    1,687        

uses any proceeds or forfeited moneys in the board of pharmacy     1,688        

drug law enforcement fund under division (D)(1)(c) of this         1,689        

section, that cumulates all of the information contained in all    1,690        

of the public financial records kept by the board pursuant to      1,691        

                                                          44     

                                                                 
division (D)(3)(a) of this section for that calendar year, and     1,692        

shall send a copy of the cumulative report, no later than the      1,693        

first day of March in the calendar year following the calendar     1,694        

year covered by the report, to the attorney general.  Each report  1,695        

received by the attorney general is a public record open for       1,696        

inspection under section 149.43 of the Revised Code.  The          1,697        

attorney general shall make copies of each report received, and,   1,698        

no later than the fifteenth day of April in the calendar year in   1,699        

which the report is received, shall send a copy of it to the       1,700        

president of the senate and the speaker of the house of            1,701        

representatives.                                                   1,702        

      (4)(a)  A law enforcement agency that receives pursuant to   1,704        

federal law proceeds from a sale of forfeited contraband,          1,705        

proceeds from another disposition of forfeited contraband, or      1,706        

forfeited contraband moneys shall deposit, use, and account for    1,707        

the proceeds or forfeited moneys in accordance with, and           1,708        

otherwise comply with, the applicable federal law.                 1,709        

      (b)  If the state highway patrol receives pursuant to        1,711        

federal law proceeds from a sale of forfeited contraband,          1,712        

proceeds from another disposition of forfeited contraband, or      1,713        

forfeited contraband moneys, the appropriate governmental          1,714        

officials shall deposit into the state highway patrol contraband,               

forfeiture, and other fund all interest or other earnings derived  1,715        

from the investment of the proceeds or forfeited moneys.  The      1,716        

state highway patrol shall use and account for that interest or    1,717        

other earnings in accordance with the applicable federal law.      1,718        

      (c)  IF THE LIQUOR ENFORCEMENT UNIT OF THE DEPARTMENT OF     1,720        

PUBLIC SAFETY RECEIVES PURSUANT TO FEDERAL LAW PROCEEDS FROM A     1,721        

SALE OF FORFEITED CONTRABAND, PROCEEDS FROM ANOTHER DISPOSITION    1,722        

OF FORFEITED CONTRABAND, OR FORFEITED CONTRABAND MONEYS, THE       1,723        

APPROPRIATE GOVERNMENTAL OFFICIALS SHALL DEPOSIT INTO THE LIQUOR   1,724        

ENFORCEMENT CONTRABAND, FORFEITURE, AND OTHER FUND ALL INTEREST    1,725        

OR OTHER EARNINGS DERIVED FROM THE INVESTMENT OF THE PROCEEDS OR   1,726        

FORFEITED MONEYS.  THE DEPARTMENT SHALL USE AND ACCOUNT FOR THAT   1,727        

                                                          45     

                                                                 
INTEREST OR OTHER EARNINGS IN ACCORDANCE WITH THE APPLICABLE       1,728        

FEDERAL LAW.                                                       1,729        

      (d)  IF THE FOOD STAMP FRAUD UNIT OF THE DEPARTMENT OF       1,732        

PUBLIC SAFETY RECEIVES PURSUANT TO FEDERAL LAW PROCEEDS FROM A     1,733        

SALE OF FORFEITED CONTRABAND, PROCEEDS FROM ANOTHER DISPOSITION    1,734        

OF FORFEITED CONTRABAND, OR FORFEITED CONTRABAND MONEYS, THE       1,735        

APPROPRIATE GOVERNMENTAL OFFICIALS SHALL DEPOSIT INTO THE FOOD     1,736        

STAMP CONTRABAND, FORFEITURE, AND OTHER FUND ALL INTEREST OR       1,737        

OTHER EARNINGS DERIVED FROM THE INVESTMENT OF THE PROCEEDS OR      1,738        

FORFEITED MONEYS.  THE DEPARTMENT SHALL USE AND ACCOUNT FOR THAT   1,739        

INTEREST OR OTHER EARNINGS IN ACCORDANCE WITH THE APPLICABLE       1,740        

FEDERAL LAW.                                                                    

      (e)  Divisions (D)(1) to (3) of this section do not apply    1,742        

to proceeds or forfeited moneys received pursuant to federal law   1,744        

or to the interest or other earnings that are derived from the     1,745        

investment of proceeds or forfeited moneys received pursuant to    1,746        

federal law and that are described in division (D)(4)(b) of this   1,747        

section.                                                                        

      (E)  Upon the sale pursuant to this section of any property  1,749        

that is required to be titled or registered under law, the state   1,750        

shall issue an appropriate certificate of title or registration    1,751        

to the purchaser.  If the state is vested with title pursuant to   1,752        

division (C) of this section and elects to retain property that    1,753        

is required to be titled or registered under law, the state shall  1,754        

issue an appropriate certificate of title or registration.         1,755        

      (F)  Notwithstanding any provisions of this section to the   1,757        

contrary, any property that is lawfully seized in relation to a    1,758        

violation of section 2923.32 of the Revised Code shall be subject  1,759        

to forfeiture and disposition in accordance with sections 2923.32  1,760        

to 2923.36 of the Revised Code, and any property that is           1,762        

forfeited pursuant to section 2925.42 or 2925.43 of the Revised    1,763        

Code in relation to a felony drug abuse offense, as defined in     1,764        

section 2925.01 of the Revised Code, or in relation to an act      1,765        

that, if committed by an adult, would be a felony drug abuse       1,766        

                                                          46     

                                                                 
offense of that nature, may be subject to forfeiture and                        

disposition in accordance with sections 2925.41 to 2925.45 of the  1,768        

Revised Code or this section.                                      1,769        

      (G)  Any failure of a law enforcement officer or agency, a   1,771        

prosecuting attorney, village solicitor, city director of law, or  1,772        

similar chief legal officer, a court, or the attorney general to   1,773        

comply with any duty imposed by this section in relation to any    1,774        

property seized or with any other provision of this section in     1,775        

relation to any property seized does not affect the validity of    1,776        

the seizure of the property, provided the seizure itself was made  1,777        

in accordance with law, and is not and shall not be considered to  1,778        

be the basis for the suppression of any evidence resulting from    1,779        

the seizure of the property, provided the seizure itself was made  1,780        

in accordance with law.                                            1,781        

      (H)  Contraband that has been forfeited pursuant to          1,783        

division (C) of this section shall not be available for use to     1,784        

pay any fine imposed upon a person who is convicted of or pleads   1,785        

guilty to an underlying criminal offense or a different offense    1,786        

arising out of the same facts and circumstances.                   1,787        

      Sec. 3701.022.  As used in sections 3701.021 to 3701.028 of  1,797        

the Revised Code:                                                  1,798        

      (A)  "Medically handicapped child" means an Ohio resident    1,800        

under twenty-one years of age who suffers primarily from an        1,801        

organic disease, defect, or a congenital or acquired physically    1,802        

handicapping and associated condition that may hinder the          1,803        

achievement of normal growth and development.                      1,804        

      (B)  "Provider" means a health professional, hospital,       1,806        

medical equipment supplier, and any individual, group, or agency   1,807        

that is approved by the department of health pursuant to division  1,808        

(C) of section 3701.023 of the Revised Code and that provides or   1,809        

intends to provide goods or services to a child who is eligible    1,810        

for the program for medically handicapped children.                1,811        

      (C)  "Service coordination" means case management services   1,813        

provided to medically handicapped children that promote effective  1,814        

                                                          47     

                                                                 
and efficient organization and utilization of public and private   1,815        

resources and ensure that care rendered is family-centered,        1,816        

community-based, and coordinated.                                  1,817        

      (D)(1)  "Third party" means any person or government entity  1,819        

other than the following:                                          1,820        

      (a)  A medically handicapped child participating in the      1,822        

program for medically handicapped children or his THE CHILD'S      1,823        

parent or guardian;                                                1,824        

      (b)  The department or any program administered by the       1,826        

department, including the hospital motor vehicle claims program    1,827        

established under sections 3701.61 to 3701.69 of the Revised Code  1,828        

and the "Maternal and Child Health Block Grant," Title V of the    1,829        

"Social Security Act," 95 Stat. 818 (1981), 42 U.S.C.A. 701, as    1,830        

amended;                                                           1,831        

      (c)  The "caring program for children" operated by the       1,833        

nonprofit community mutual insurance corporation.                  1,834        

      (2)  "Third party" includes all of the following:            1,836        

      (a)  Any trust established to benefit a medically            1,838        

handicapped child participating in the program or his THE CHILD'S  1,839        

family or guardians, if the trust was established after the date   1,841        

the medically handicapped child applied to participate in the      1,842        

program;                                                           1,843        

      (b)  That portion of a trust designated to pay for the       1,845        

medical and ancillary care of a medically handicapped child, if    1,846        

the trust was established on or before the date the medically      1,847        

handicapped child applied to participate in the program;           1,848        

      (c)  The program awarding reparations to victims of crime    1,850        

established under sections 2743.51 to 2743.72 of the Revised       1,851        

Code.                                                              1,852        

      (E)  "Third-party benefits" means any and all benefits paid  1,854        

by a third party to or on behalf of a medically handicapped child  1,855        

participating in the program or his THE CHILD'S parent or          1,856        

guardian for goods or services that are authorized by the          1,858        

department pursuant to division (B) or (D) of section 3701.023 of  1,859        

                                                          48     

                                                                 
the Revised Code.                                                               

      Sec. 3701.07.  (A)  The public health council shall adopt    1,868        

rules in accordance with Chapter 119. of the Revised Code          1,869        

defining and classifying hospitals and dispensaries and providing  1,870        

for the reporting of classification information by hospitals and   1,871        

dispensaries.  The rules may require each hospital to report       1,872        

information in the following categories, shall limit the           1,873        

information to information necessary to classify hospitals and     1,874        

dispensaries as general or specialty facilities, and shall not     1,875        

include any confidential patient data or any information           1,876        

concerning the financial condition, income, expenses, or net       1,877        

worth of the facilities other than that financial information      1,878        

already contained in those portions of the medicare or medicaid    1,879        

cost report that is necessary for the department of health to      1,880        

certify the per diem cost under section 3701.62 of the Revised     1,881        

Code:                                                              1,882        

      (1)  Information needed to identify and classify the         1,884        

institution;                                                       1,885        

      (2)  Information on facilities and type and volume of        1,887        

services provided by the institution;                              1,888        

      (3)  The number of beds listed by category of care           1,890        

provided;                                                          1,891        

      (4)  The number of licensed or certified professional        1,893        

employees by classification;                                       1,894        

      (5)  Information necessary for calculation of a per diem     1,896        

rate for reimbursement under section 3701.62 of the Revised Code;  1,897        

      (6)  The number of births that occurred at the institution   1,899        

the previous calendar year.                                        1,900        

      Every hospital and dispensary, public or private, annually   1,902        

shall register with and report to the department of health on      1,903        

forms prescribed in rules adopted under this division.             1,904        

      (B)  Every governmental entity or private nonprofit          1,906        

corporation or association whose employees or representatives are  1,907        

defined as residents' rights advocates under divisions (E)(1) and  1,908        

                                                          49     

                                                                 
(2) of section 3721.10 or division (A)(10) of section 3722.01 of   1,909        

the Revised Code shall register with the department of health on   1,910        

forms furnished by the director of health and shall provide such   1,911        

reasonable identifying information as he THE DIRECTOR may          1,912        

prescribe.                                                                      

      The department shall compile a list of the governmental      1,914        

entities, corporations, or associations registering under this     1,915        

division and shall update the list annually.  Copies of the list   1,916        

shall be made available to nursing home administrators as defined  1,917        

in division (C) of section 3721.10 of the Revised Code and to      1,918        

adult care facility managers as defined in section 3722.01 of the  1,919        

Revised Code.                                                      1,920        

      (C)  Every governmental entity or private nonprofit          1,922        

corporation or association whose employees or representatives act  1,923        

as residents' rights advocates for community alternative homes     1,924        

pursuant to section 3724.08 of the Revised Code shall register     1,925        

with the department of health on forms furnished by the director   1,926        

of health and shall provide such reasonable identifying            1,927        

information as he THE DIRECTOR may prescribe.                      1,928        

      The department shall compile a list of the governmental      1,930        

entities, corporations, and associations registering under this    1,931        

division and shall update the list annually.  Copies of the list   1,932        

shall be made available to operators or residence managers of      1,933        

community alternative homes as defined in section 3724.01 of the   1,934        

Revised Code.                                                      1,935        

      Sec. 3701.83.  (A)  There is hereby created in the state     1,944        

treasury the general operations fund.  Moneys in the fund shall    1,945        

be used for the purposes specified in sections 3701.04, 3701.344,  1,946        

3701.88, 3702.20, 3710.15, 3711.021, 3721.02, 3722.04, 3732.04,    1,948        

3733.04, 3733.25, 3733.43, 3748.04, 3748.05, 3748.07, 3748.12,     1,949        

3748.13, 3749.04, 3749.07, 4747.04, 4751.04, and 4769.09 of the    1,950        

Revised Code.                                                                   

      (B)  THE ALCOHOL TESTING PROGRAM FUND IS HEREBY CREATED IN   1,953        

THE STATE TREASURY.  THE DIRECTOR OF HEALTH SHALL USE THE FUND TO               

                                                          50     

                                                                 
ADMINISTER AND ENFORCE THE ALCOHOL TESTING AND PERMIT PROGRAM      1,954        

AUTHORIZED BY SECTION 3701.143 OF THE REVISED CODE.                1,955        

      THE FUND SHALL RECEIVE TRANSFERS FROM THE LIQUOR CONTROL     1,958        

FUND CREATED UNDER SECTION 4301.12 OF THE REVISED CODE.  ALL       1,959        

INVESTMENT EARNINGS OF THE ALCOHOL TESTING PROGRAM FUND SHALL BE   1,960        

CREDITED TO THE FUND.                                                           

      Sec. 4301.10.  (A)  The department or, beginning on July 1,  1,966        

1997, the division of liquor control shall:                        1,967        

      (1)  Control the traffic in beer and intoxicating liquor in  1,969        

this state, including the manufacture, importation, and sale of    1,971        

beer and intoxicating liquor;                                                   

      (2)  Grant or refuse permits for the manufacture,            1,973        

distribution, transportation, and sale of beer and intoxicating    1,974        

liquor and the sale of alcohol, as authorized or required by this  1,975        

chapter and Chapter 4303. of the Revised Code; and a certificate   1,976        

signed by the director or, beginning on July 1, 1997, the          1,977        

superintendent of liquor control to which is affixed the official  1,979        

seal of the department or division stating that it appears from                 

the records of the department or division that no permit has been  1,980        

issued to the person specified in the certificate, or that a       1,981        

permit, if issued, has been revoked, canceled, or suspended shall  1,983        

be received as prima-facie evidence of the facts recited in the    1,984        

certificate in any court, or before any officer of this state;     1,986        

      (3)  Put into operation, manage, and control a system of     1,988        

state liquor stores for the sale of spirituous liquor at retail    1,989        

and to holders of permits authorizing the sale of spirituous       1,990        

liquor; however, the department or division shall not establish    1,991        

any drive-in state liquor stores; and by means of those types of   1,992        

stores, and any manufacturing plants, distributing and bottling    1,993        

plants, warehouses, and other facilities that it considers         1,994        

expedient, establish and maintain a state monopoly of the          1,995        

distribution of spirituous liquor and its sale in packages or      1,996        

containers; and for that purpose manufacture, buy, import,         1,997        

possess, and sell spirituous liquors as provided in this chapter   1,998        

                                                          51     

                                                                 
and Chapter 4303. of the Revised Code, and in the rules            1,999        

promulgated by the director or superintendent of liquor control    2,000        

pursuant to those chapters; lease, or in any manner acquire the    2,001        

use of any land or building required for any of those purposes;    2,002        

purchase any equipment that is required; and borrow money to       2,003        

carry on its business, and issue, sign, endorse, and accept        2,004        

notes, checks, and bills of exchange; but all obligations of the   2,005        

department or division created under authority of this division                 

shall be a charge only upon the moneys received by the department  2,006        

or division from the sale of spirituous liquor and its other       2,007        

business transactions in connection with the sale of spirituous    2,008        

liquor, and shall not be general obligations of the state;         2,010        

      (4)  Enforce the administrative provisions of this chapter   2,012        

and Chapter 4303. of the Revised Code, and the rules and orders    2,015        

of the liquor control commission and the director or               2,016        

superintendent relating to the manufacture, importation,           2,018        

transportation, distribution, and sale of beer and intoxicating    2,019        

liquors; and the attorney general, any prosecuting attorney, and   2,020        

any prosecuting officer of a municipal corporation or a municipal  2,021        

court shall, at the request of the department or division of                    

liquor control or the department of public safety, prosecute any   2,023        

person charged with the violation of any provision in those        2,024        

chapters or of any section of the Revised Code relating to the     2,025        

manufacture, importation, transportation, distribution, and sale   2,026        

of beer and intoxicating liquor;                                   2,027        

      (5)  Determine the locations of all state liquor stores and  2,029        

manufacturing, distributing, and bottling plants required in       2,030        

connection therewith, subject to this chapter and Chapter 4303.    2,031        

of the Revised Code;                                               2,032        

      (6)  Conduct inspections of liquor permit premises to        2,034        

determine compliance with the administrative provisions of this    2,036        

chapter and Chapter 4303. of the Revised Code and the rules                     

adopted under those provisions by the liquor control commission.   2,037        

      Except as otherwise provided in division (A)(6) of this      2,039        

                                                          52     

                                                                 
section, those inspections may be conducted only during those      2,040        

hours in which the permit holder is open for business and only by  2,041        

authorized agents or employees of the department or division or    2,042        

by any peace officer, as this term is defined in section 2935.01   2,043        

of the Revised Code.  Inspections may be conducted at other hours  2,044        

only to determine compliance with laws or commission rules that    2,045        

regulate the hours of sale of beer and intoxicating liquor and     2,046        

only if the investigator has reasonable cause to believe that      2,047        

those laws or rules are being violated.  Any inspection conducted  2,048        

pursuant to division (A)(6) of this section is subject to all of   2,049        

the following requirements:                                        2,050        

      (a)  The only property that may be confiscated is            2,052        

contraband, as defined in section 2901.01 of the Revised Code, or  2,054        

property that is otherwise necessary for evidentiary purposes.     2,055        

      (b)  A complete inventory of all property confiscated from   2,057        

the premises shall be given to the permit holder or the permit     2,058        

holder's agent or employee by the confiscating agent or officer    2,060        

at the conclusion of the inspection.  At that time, the inventory  2,061        

shall be signed by the confiscating agent or officer and the       2,062        

agent or officer shall give the permit holder or the permit        2,063        

holder's agent or employee the opportunity to sign the inventory.  2,064        

      (c)  Inspections conducted pursuant to division (A)(6) of    2,066        

this section shall be conducted in a reasonable manner.  A         2,067        

finding by any court of competent jurisdiction that the            2,068        

inspection was not conducted in a reasonable manner in accordance  2,069        

with this section or any rules promulgated by the commission may   2,070        

be considered grounds for suppression of evidence.  A finding by   2,071        

the liquor control commission that the inspection was not          2,072        

conducted in a reasonable manner in accordance with this section   2,073        

or any rules promulgated by the commission may be considered       2,074        

grounds for dismissal of the commission case.                      2,075        

      If any court of competent jurisdiction finds that property   2,077        

confiscated as the result of an administrative inspection is not   2,078        

necessary for evidentiary purposes and is not contraband, as       2,079        

                                                          53     

                                                                 
defined in section 2901.01 of the Revised Code, the court shall    2,081        

order the immediate return of the confiscated property, provided   2,082        

that property is not contraband or otherwise subject to                         

forfeiture, to the permit holder.  However, the return of this     2,083        

property is not grounds for dismissal of the case.  The            2,084        

commission likewise may order the return of confiscated property   2,085        

if no criminal prosecution is pending or anticipated.              2,086        

      (7)  Delegate to any of its agents or employees any power    2,088        

of investigation that the department or division possesses with    2,089        

respect to the enforcement of any of the administrative laws       2,090        

relating to beer and to intoxicating liquor, provided that this    2,091        

division does not authorize the department or division to          2,092        

designate any agent or employee to serve as a liquor control       2,093        

investigator.  The employment and designation of liquor control                 

investigators shall be within the exclusive authority of the       2,094        

director of public safety pursuant to sections 5502.13 and         2,095        

5502.61 of the Revised Code.                                                    

      (8)  Except as otherwise provided in division (A)(8) of      2,097        

this section, collect the following fees:                          2,098        

      (a)  An annual twenty-five-dollar registration fee for each  2,100        

representative, registered pursuant to section 4303.25 of the      2,101        

Revised Code, of a beer or intoxicating liquor manufacturer doing  2,102        

business in this state;                                            2,103        

      (b)  A fifty-dollar product registration fee for each new    2,105        

beer or intoxicating liquor product sold in this state.  The       2,106        

product registration fee shall be accompanied by a copy of the     2,107        

federal label and product approval for the new product.            2,108        

      (c)  An annual three-hundred-dollar out-of-state supplier    2,110        

consent-to-import fee from each manufacturer or supplier not       2,111        

subject to division (A)(8)(e) of this section, in addition to an   2,113        

initial application fee of one hundred dollars;                    2,114        

      (d)  An annual twenty-five-dollar registration fee for coil  2,116        

cleaners of beer dispensing equipment doing business in this       2,117        

state.                                                             2,118        

                                                          54     

                                                                 
      (e)  An annual one-hundred-dollar out-of-state               2,120        

consent-to-import fee, in addition to an initial application fee   2,121        

of one hundred dollars, from any manufacturer or out-of-state      2,122        

supplier that produced or shipped into this state in the           2,123        

immediately preceding calendar year a total of five hundred or     2,124        

fewer cases of seven-hundred-fifty milliliter equivalent of        2,125        

intoxicating liquor and twelve-ounce equivalent of beer.           2,126        

      Each consent-to-import, representative's registration, and   2,128        

coil cleaner registration issued under division (A)(8) of this     2,130        

section authorizes the person named to carry on the activity                    

specified, is valid for one year, or for the unexpired portion of  2,131        

the year, ending on the uniform expiration date for each, which    2,132        

shall be designated by the department or division, and is subject  2,133        

to suspension, revocation, cancellation, or fine as authorized by  2,134        

this chapter and Chapter 4303. of the Revised Code.                2,135        

      (9)  Establish a system of electronic data interchange       2,137        

within the department or division and regulate the electronic      2,138        

transfer of information and funds among persons and governmental   2,140        

entities engaged in the manufacture, distribution, and retail      2,141        

sale of alcoholic beverages;                                                    

      (10)  Exercise all other powers expressly or by necessary    2,143        

implication conferred upon the department or division by this      2,144        

chapter and Chapter 4303. of the Revised Code, and all powers      2,145        

necessary for the exercise or discharge of any power, duty, or     2,146        

function expressly conferred or imposed upon the department or     2,147        

division by those chapters, except that certain administrative     2,148        

functions to be determined by the director of commerce shall be    2,149        

subject to the director's final authority.                         2,150        

      (B)  The department or division may:                         2,152        

      (1)  Sue, but may be sued only in connection with the        2,154        

execution of leases of real estate and the purchases and           2,155        

contracts necessary for the operation of the state liquor stores   2,156        

that are made under this chapter and Chapter 4303. of the Revised  2,157        

Code;                                                              2,158        

                                                          55     

                                                                 
      (2)  Enter into leases and contracts of all descriptions     2,160        

and acquire and transfer title to personal property with regard    2,162        

to the sale, distribution, and storage of spirituous liquor        2,163        

within the state;                                                               

      (3)  Terminate at will any lease entered into pursuant to    2,165        

division (B)(2) of this section upon first giving ninety days'     2,167        

notice in writing to the lessor of its intention to do so;         2,168        

      (4)  Fix the wholesale and retail prices at which the        2,170        

various classes, varieties, and brands of spirituous liquor shall  2,171        

be sold by the department.  Those retail prices shall be the same  2,172        

at all state liquor stores, except to the extent that a price      2,173        

differential is required to collect a county sales tax levied      2,174        

pursuant to section 5739.021 of the Revised Code and for which     2,175        

tax the tax commissioner has authorized prepayment pursuant to     2,176        

section 5739.05 of the Revised Code.  In fixing selling prices,    2,177        

the department or division shall compute an anticipated gross      2,178        

profit at least sufficient to provide in each calendar year all    2,179        

costs and expenses of the department or division and also an       2,180        

adequate working capital reserve for the department or division.   2,181        

The gross profit shall not exceed forty per cent of the retail     2,183        

selling price based on costs of the department or division, and                 

in addition the sum required by section 4301.12 of the Revised     2,184        

Code to be paid into the state treasury.  An amount equal to one   2,185        

and one-half per cent of that gross profit shall be paid into the  2,186        

alcoholism-detoxification centers fund created under section       2,187        

4301.30 of the Revised Code and be appropriated by the general     2,188        

assembly from the fund to the department of alcohol and drug       2,189        

addiction services as provided in section 4301.30 of the Revised   2,190        

Code.                                                              2,191        

      On spirituous liquor manufactured in Ohio from the juice of  2,193        

grapes or fruits grown in Ohio, the department or division shall   2,194        

compute an anticipated gross profit of not to exceed ten per       2,195        

cent.  The wholesale prices shall be at a discount of not less     2,196        

than twelve and one-half per cent of the retail selling prices as  2,197        

                                                          56     

                                                                 
determined by the department or division in accordance with this   2,198        

section.                                                                        

      (C)  The department or division may approve the expansion    2,200        

or diminution of a premises to which a liquor permit has been      2,202        

issued and may adopt standards governing such an expansion or      2,203        

diminution.                                                                     

      Sec. 4301.12.  The division of liquor control shall provide  2,213        

for the custody, safekeeping, and deposit of all moneys, checks,   2,214        

and drafts received by it or any of its employees or agents prior  2,215        

to paying them to the treasurer of state as provided by section    2,216        

113.08 of the Revised Code.                                                     

      A sum equal to three dollars and thirty-eight cents for      2,218        

each gallon of spirituous liquor sold by the division during the   2,220        

period covered by the payment shall be paid into the state                      

treasury to the credit of the general revenue fund.  All moneys    2,221        

received from permit fees shall be paid to the credit of the       2,222        

undivided liquor permit fund established by section 4301.30 of     2,223        

the Revised Code.                                                  2,224        

      Except as otherwise provided by law, all moneys collected    2,226        

under Chapters 4301. and 4303. of the Revised Code shall be paid   2,227        

by the division into the state treasury to the credit of the       2,228        

liquor control fund, which is hereby created.                      2,229        

      Whenever, in the judgment of the director of budget and      2,231        

management, the amount in the custody of the treasurer of state    2,232        

to the credit of the liquor control fund is in excess of that      2,233        

needed to meet the maturing obligations of the division and, as    2,235        

working capital for its further operations, AND AS REQUIRED FOR                 

THE ALCOHOL TESTING PROGRAM UNDER SECTION 3701.143 OF THE REVISED  2,236        

CODE, the director shall transfer the excess to the state          2,238        

treasury to the credit of the general revenue fund.                2,239        

      Sec. 4501.01.  As used in this chapter and Chapters 4503.,   2,248        

4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the         2,249        

Revised Code, and in the penal laws, except as otherwise           2,250        

provided:                                                          2,251        

                                                          57     

                                                                 
      (A)  "Vehicles" means everything on wheels or runners,       2,253        

including motorized bicycles, but does not mean vehicles that are  2,254        

operated exclusively on rails or tracks or from overhead electric  2,255        

trolley wires and vehicles that belong to any police department,   2,256        

municipal fire department, or volunteer fire department, or that   2,257        

are used by such a department in the discharge of its functions.   2,258        

      (B)  "Motor vehicle" means any vehicle, including            2,260        

manufactured homes and recreational vehicles, that is propelled    2,261        

or drawn by power other than muscular power or power collected     2,262        

from overhead electric trolley wires, except motorized bicycles,   2,263        

road rollers, traction engines, power shovels, power cranes, and   2,264        

other equipment used in construction work and not designed for or  2,265        

employed in general highway transportation, well-drilling          2,266        

machinery, ditch-digging machinery, farm machinery, trailers that  2,267        

are used to transport agricultural produce or agricultural         2,268        

production materials between a local place of storage or supply    2,269        

and the farm when drawn or towed on a public road or highway at a  2,270        

speed of twenty-five miles per hour or less, threshing machinery,  2,271        

hay-baling machinery, corn sheller, hammermill and agricultural    2,272        

tractors, machinery used in the production of horticultural,       2,273        

agricultural, and vegetable products, and trailers that are        2,274        

designed and used exclusively to transport a boat between a place  2,275        

of storage and a marina, or in and around a marina, when drawn or  2,276        

towed on a public road or highway for a distance of no more than   2,277        

ten miles and at a speed of twenty-five miles per hour or less.    2,278        

      (C)  "Agricultural tractor" and "traction engine" mean any   2,280        

self-propelling vehicle that is designed or used for drawing       2,281        

other vehicles or wheeled machinery, but has no provisions for     2,282        

carrying loads independently of such other vehicles, and that is   2,283        

used principally for agricultural purposes.                        2,284        

      (D)  "Commercial tractor," except as defined in division     2,286        

(C) of this section, means any motor vehicle that has motive       2,287        

power and either is designed or used for drawing other motor       2,288        

vehicles, or is designed or used for drawing another motor         2,290        

                                                          58     

                                                                 
vehicle while carrying a portion of the other motor vehicle or     2,291        

its load, or both.                                                              

      (E)  "Passenger car" means any motor vehicle that is         2,293        

designed and used for carrying not more than nine persons and      2,294        

includes any motor vehicle that is designed and used for carrying  2,295        

not more than fifteen persons in a ridesharing arrangement.        2,296        

      (F)  "Collector's vehicle" means any motor vehicle or        2,298        

agricultural tractor or traction engine that is of special         2,299        

interest, that has a fair market value of one hundred dollars or   2,300        

more, whether operable or not, and that is owned, operated,        2,301        

collected, preserved, restored, maintained, or used essentially    2,302        

as a collector's item, leisure pursuit, or investment, but not as  2,303        

the owner's principal means of transportation.  "Licensed          2,304        

collector's vehicle" means a collector's vehicle, other than an    2,305        

agricultural tractor or traction engine, that displays current,    2,306        

valid license tags issued under section 4503.45 of the Revised     2,307        

Code, or a similar type of motor vehicle that displays current,    2,308        

valid license tags issued under substantially equivalent           2,309        

provisions in the laws of other states.                            2,310        

      (G)  "Historical motor vehicle" means any motor vehicle      2,312        

that is over twenty-five years old and is owned solely as a        2,313        

collector's item and for participation in club activities,         2,314        

exhibitions, tours, parades, and similar uses, but that in no      2,315        

event is used for general transportation.                          2,316        

      (H)  "Noncommercial motor vehicle" means any motor vehicle,  2,318        

including a farm truck as defined in section 4503.04 of the        2,319        

Revised Code, that is designed by the manufacturer to carry a      2,320        

load of no more than one ton and is used exclusively for purposes  2,321        

other than engaging in business for profit.                        2,322        

      (I)  "Motor bus BUS" means any motor vehicle that has motor  2,324        

power and is designed and used for carrying more than nine         2,326        

passengers, except any motor vehicle that is designed and used     2,327        

for carrying not more than fifteen passengers in a ridesharing     2,328        

arrangement.                                                                    

                                                          59     

                                                                 
      (J)  "Commercial car" means any motor vehicle that has       2,330        

motor power and is designed and used for carrying merchandise or   2,331        

freight, or that is used as a commercial tractor.                  2,332        

      (K)  "Bicycle" means every device, other than a tricycle     2,334        

that is designed solely for use as a play vehicle by a child,      2,336        

that is propelled solely by human power upon which any person may  2,337        

ride, and that has either two tandem wheels, or one wheel in       2,338        

front and two wheels in the rear, any of which is more than        2,339        

fourteen inches in diameter.                                                    

      (L)  "Motorized bicycle" means any vehicle that has either   2,341        

two tandem wheels or one wheel in the front and two wheels in the  2,343        

rear, that is capable of being pedaled, and that is equipped with               

a helper motor of not more than fifty cubic centimeters piston     2,344        

displacement that produces no more than one brake horsepower and   2,345        

is capable of propelling the vehicle at a speed of no greater      2,346        

than twenty miles per hour on a level surface.                     2,347        

      (M)  "Trailer" means any vehicle without motive power that   2,350        

is designed or used for carrying property or persons wholly on                  

its own structure and for being drawn by a motor vehicle, and      2,351        

includes any such vehicle that is formed by or operated as a       2,352        

combination of a semitrailer and a vehicle of the dolly type such  2,353        

as that commonly known as a trailer dolly, a vehicle used to       2,354        

transport agricultural produce or agricultural production          2,355        

materials between a local place of storage or supply and the farm  2,356        

when drawn or towed on a public road or highway at a speed         2,357        

greater than twenty-five miles per hour, and a vehicle that is     2,358        

designed and used exclusively to transport a boat between a place  2,359        

of storage and a marina, or in and around a marina, when drawn or  2,360        

towed on a public road or highway for a distance of more than ten  2,361        

miles or at a speed of more than twenty-five miles per hour.       2,362        

"Trailer" does not include a manufactured home or travel trailer.  2,363        

      (N)  "Noncommercial trailer" means any trailer, except a     2,365        

travel trailer or trailer that is used to transport a boat as      2,366        

described in division (B) of this section, but, where applicable,  2,367        

                                                          60     

                                                                 
includes a vehicle that is used to transport a boat as described   2,368        

in division (M) of this section, that has a gross weight of no     2,369        

more than three thousand pounds, and that is used exclusively for  2,370        

purposes other than engaging in business for a profit.             2,371        

      (O)  "Manufactured home" means any nonself-propelled         2,373        

vehicle transportable in one or more sections, which, in the       2,374        

traveling mode, is eight body feet or more in width or forty body  2,375        

feet or more in length or, when erected on site, is three hundred  2,376        

twenty or more square feet, and which is built on a permanent      2,377        

chassis and designed to be used as a dwelling with or without a    2,378        

permanent foundation when connected to the required utilities,     2,379        

and includes the plumbing, heating, air conditioning, and          2,380        

electrical systems contained therein.  Calculations used to        2,381        

determine the number of square feet in a structure are based on    2,382        

the structure's exterior dimensions measured at the largest        2,383        

horizontal projections when erected on site.  These dimensions     2,384        

include all expandable rooms, cabinets, and other projections      2,385        

containing interior space, but do not include bay windows.         2,386        

      (P)  "Semitrailer" means any vehicle of the trailer type     2,388        

that does not have motive power and is so designed or used with    2,389        

another and separate motor vehicle that in operation a part of     2,390        

its own weight or that of its load, or both, rests upon and is     2,391        

carried by the other vehicle furnishing the motive power for       2,392        

propelling itself and the vehicle referred to in this division,    2,393        

and includes, for the purpose only of registration and taxation    2,394        

under those chapters, any vehicle of the dolly type, such as a     2,395        

trailer dolly, that is designed or used for the conversion of a    2,396        

semitrailer into a trailer.                                        2,397        

      (Q)  "Recreational vehicle" means a vehicular portable       2,399        

structure that is designed and constructed to be used as a         2,400        

temporary dwelling for travel, recreational, and vacation uses     2,401        

and is classed as follows:                                         2,402        

      (1)  "Travel trailer" means a nonself-propelled              2,404        

recreational vehicle that does not exceed an overall length of     2,405        

                                                          61     

                                                                 
thirty-five feet, exclusive of bumper and tongue or coupling, and  2,406        

includes a tent-type fold-out camping trailer as defined in        2,407        

section 4517.01 of the Revised Code.                               2,408        

      (2)  "Motor home" means a self-propelled recreational        2,410        

vehicle that is constructed with permanently installed facilities  2,411        

for cold storage, cooking and consuming of food, and for           2,412        

sleeping.                                                                       

      (3)  "Truck camper" means a nonself-propelled recreational   2,414        

vehicle that does not have wheels for road use and is designed to  2,415        

be placed upon and attached to a motor vehicle.  "Truck camper"    2,416        

does not include truck covers that consist of walls and a roof,    2,417        

but do not have floors and facilities enabling them to be used as  2,418        

a dwelling.                                                                     

      (4)  "Fifth wheel trailer" means a vehicle that is of such   2,420        

size and weight as to be movable without a special highway         2,421        

permit, that has a gross trailer area of four hundred square feet  2,422        

or less, that is constructed with a raised forward section that    2,423        

allows a bi-level floor plan, and that is designed to be towed by               

a vehicle equipped with a fifth-wheel hitch ordinarily installed   2,424        

in the bed of a truck.                                             2,425        

      (5)  "Park trailer" means a vehicle that is commonly known   2,427        

as a park model recreational vehicle, meets the American national  2,428        

standard institute standard A119.5 (1988) for park trailers, is    2,429        

built on a single chassis, has a gross trailer area of four        2,430        

hundred square feet or less when set up, is designed for seasonal  2,431        

or temporary living quarters, and may be connected to utilities                 

necessary for the operation of installed features and appliances.  2,432        

      (R)  "Pneumatic tires" means tires of rubber and fabric or   2,434        

tires of similar material, that are inflated with air.             2,435        

      (S)  "Solid tires" means tires of rubber or similar elastic  2,437        

material that are not dependent upon confined air for support of   2,438        

the load.                                                                       

      (T)  "Solid tire vehicle" means any vehicle that is          2,440        

equipped with two or more solid tires.                             2,441        

                                                          62     

                                                                 
      (U)  "Farm machinery" means all machines and tools that are  2,443        

used in the production, harvesting, and care of farm products,     2,444        

and includes trailers that are used to transport agricultural      2,445        

produce or agricultural production materials between a local       2,446        

place of storage or supply and the farm when drawn or towed on a   2,447        

public road or highway at a speed of twenty-five miles per hour    2,448        

or less.                                                                        

      (V)  "Owner" includes any person, firm, or corporation       2,450        

other than a manufacturer or dealer that has title to a motor      2,451        

vehicle, except that in sections 4505.01 to 4505.19 of the         2,452        

Revised Code, "owner" includes in addition manufacturers and       2,453        

dealers.                                                                        

      (W)  "Manufacturer" and "dealer" include all persons,        2,455        

firms, and corporations that are regularly engaged in the          2,456        

business of manufacturing, selling, displaying, offering for       2,457        

sale, or dealing in motor vehicles, at an established place of     2,458        

business that is used exclusively for the purpose of               2,459        

manufacturing, selling, displaying, offering for sale, or dealing  2,460        

in motor vehicles.  A place of business that is used for           2,461        

manufacturing, selling, displaying, offering for sale, or dealing  2,462        

in motor vehicles shall be deemed to be used exclusively for       2,463        

those purposes even though snowmobiles or all-purpose vehicles     2,464        

are sold or displayed for sale thereat, even though farm           2,465        

machinery is sold or displayed for sale thereat, or even though    2,466        

repair, accessory, gasoline and oil, storage, parts, service, or   2,467        

paint departments are maintained thereat, or, in any county        2,468        

having a population of less than seventy-five thousand persons at  2,469        

the last federal census, even though a department in a place of    2,470        

business is used to dismantle, salvage, or rebuild motor vehicles  2,471        

by means of used parts, if such departments are operated for the   2,472        

purpose of furthering and assisting in the business of             2,473        

manufacturing, selling, displaying, offering for sale, or dealing  2,474        

in motor vehicles.  Places of business or departments in a place   2,475        

of business used to dismantle, salvage, or rebuild motor vehicles  2,476        

                                                          63     

                                                                 
by means of using used parts are not considered as being           2,477        

maintained for the purpose of assisting or furthering the          2,478        

manufacturing, selling, displaying, and offering for sale or       2,479        

dealing in motor vehicles.                                                      

      (X)  "Operator" includes any person who drives or operates   2,481        

a motor vehicle upon the public highways.                          2,482        

      (Y)  "Chauffeur" means any operator who operates a motor     2,484        

vehicle, other than a taxicab, as an employee for hire; or any     2,485        

operator whether or not the owner of a motor vehicle, other than   2,486        

a taxicab, who operates such vehicle for transporting, for gain,   2,487        

compensation, or profit, either persons or property owned by       2,488        

another.  Any operator of a motor vehicle who is voluntarily       2,489        

involved in a ridesharing arrangement is not considered an         2,490        

employee for hire or operating such vehicle for gain,              2,491        

compensation, or profit.                                                        

      (Z)  "State" includes the territories and federal districts  2,493        

of the United States, and the provinces of Canada.                 2,494        

      (AA)  "Public roads and highways" for vehicles includes all  2,496        

public thoroughfares, bridges, and culverts.                       2,497        

      (BB)  "Manufacturer's number" means the manufacturer's       2,499        

original serial number that is affixed to or imprinted upon the    2,500        

chassis or other part of the motor vehicle.                        2,501        

      (CC)  "Motor number" means the manufacturer's original       2,503        

number that is affixed to or imprinted upon the engine or motor    2,504        

of the vehicle.                                                    2,505        

      (DD)  "Bill of sale" means the written statement or          2,507        

document of transfer or conveyance required prior to January 1,    2,508        

1938, to be executed and delivered by the corporation,             2,509        

partnership, association, or person selling, giving away,          2,510        

transferring, or passing title to a motor vehicle.                 2,511        

      (EE)  "Distributor" means any person who is authorized by a  2,513        

motor vehicle manufacturer to distribute new motor vehicles to     2,514        

licensed motor vehicle dealers at an established place of          2,515        

business that is used exclusively for the purpose of distributing  2,516        

                                                          64     

                                                                 
new motor vehicles to licensed motor vehicle dealers, except when  2,517        

the distributor also is a new motor vehicle dealer, in which case  2,518        

he THE DISTRIBUTOR may distribute at the location of his THE       2,519        

DISTRIBUTOR'S licensed dealership.                                 2,520        

      (FF)  "Ridesharing arrangement" means the transportation of  2,522        

persons in a motor vehicle where the transportation is incidental  2,524        

to another purpose of a volunteer driver and includes ridesharing  2,525        

arrangements known as carpools, vanpools, and buspools.            2,526        

      (GG)  "Apportionable vehicle" means any vehicle that is      2,528        

used or intended for use in two or more international              2,529        

registration plan member jurisdictions that allocate or            2,530        

proportionally register vehicles, that is used for the             2,531        

transportation of persons for hire or designed, used, or           2,532        

maintained primarily for the transportation of property, and that  2,533        

meets any of the following qualifications:                                      

      (1)  Is a power unit having a gross vehicle weight in        2,535        

excess of twenty-six thousand pounds;                              2,536        

      (2)  Is a power unit having three or more axles, regardless  2,538        

of the gross vehicle weight;                                       2,539        

      (3)  Is a combination vehicle with a gross vehicle weight    2,541        

in excess of twenty-six thousand pounds.                           2,542        

      "Apportionable vehicle" does not include recreational        2,544        

vehicles, vehicles displaying restricted plates, city pick-up and  2,545        

delivery vehicles, buses used for the transportation of chartered  2,546        

parties, or vehicles owned and operated by the United States,      2,547        

this state, or any political subdivisions thereof.                 2,548        

      (HH)  "Chartered party" means a group of persons who         2,550        

contract as a group to acquire the exclusive use of a              2,551        

passenger-carrying motor vehicle at a fixed charge for the         2,552        

vehicle in accordance with the carrier's tariff, lawfully on file  2,553        

with the interstate commerce commission, for the purpose of group  2,554        

travel to a specified destination or for a particular itinerary,   2,555        

either agreed upon in advance or modified by the chartered group   2,556        

after having left the place of origin.                             2,557        

                                                          65     

                                                                 
      (II)  "International registration plan" means a reciprocal   2,559        

agreement of member jurisdictions that is endorsed by the          2,560        

American association of motor vehicle administrators, and that     2,561        

promotes and encourages the fullest possible use of the highway    2,562        

system by authorizing apportioned registration of fleets of        2,563        

vehicles and recognizing registration of vehicles apportioned in   2,564        

member jurisdictions.                                              2,565        

      (JJ)  "Restricted plate" means a license plate that has a    2,567        

restriction of time, geographic area, mileage, or commodity, and   2,568        

includes license plates issued to farm trucks under division (K)   2,569        

of section 4503.04 of the Revised Code.                            2,570        

      (KK)  "Gross vehicle weight," with regard to any commercial  2,572        

car, trailer, semitrailer, or bus that is taxed at the rates       2,573        

established under section 4503.042 of the Revised Code, means the  2,574        

unladen weight of the vehicle fully equipped plus the maximum      2,575        

weight of the load to be carried on the vehicle.                   2,576        

      (LL)  "Combined gross vehicle weight" with regard to any     2,578        

combination of a commercial car, trailer, and semitrailer, that    2,579        

is taxed at the rates established under section 4503.042 of the    2,580        

Revised Code, means the total unladen weight of the combination    2,581        

of vehicles fully equipped plus the maximum weight of the load to  2,582        

be carried on that combination of vehicles.                        2,583        

      (MM)  "Chauffeured limousine" means a motor vehicle that is  2,586        

designed to carry fewer than nine passengers and is operated for                

hire on an hourly basis pursuant to a prearranged contract for     2,587        

the transportation of passengers on public roads and highways      2,588        

along a route under the control of the person hiring the vehicle   2,589        

and not over a defined and regular route.  "Prearranged contract"  2,590        

means an agreement, made in advance of boarding, to provide        2,591        

transportation from a specific location in a chauffeured           2,592        

limousine at a fixed rate per hour or trip.  "Chauffeured          2,593        

limousine" does not include any vehicle that is used exclusively   2,594        

in the business of funeral directing.                              2,595        

      Sec. 4501.03.  The registrar of motor vehicles shall open    2,603        

                                                          66     

                                                                 
an account with each county and district of registration in the    2,604        

state, and may assign each county and district of registration in  2,605        

the state a unique code for identification purposes.  Except as    2,606        

provided in division (C) of section 4501.14, section 4501.044, or  2,608        

division (B)(1) of section 4501.045 of the Revised Code, the       2,609        

registrar shall pay all moneys the registrar receives under        2,610        

sections 4503.02, 4503.12, and 4504.09 of the Revised Code into    2,611        

the state treasury to the credit of the auto registration          2,612        

distribution fund, which is hereby created, for distribution in    2,613        

the manner provided for in this section and sections 4501.04,      2,614        

4501.041, 4501.042, and 4501.043 of the Revised Code.  All other   2,615        

moneys received by the registrar shall be deposited in the state   2,616        

bureau of motor vehicles fund established in section 4501.25 of    2,617        

the Revised Code for the purposes enumerated in that section,      2,618        

unless otherwise provided by law.                                  2,619        

      All moneys credited to the auto registration distribution    2,621        

fund shall be distributed to the counties and districts of         2,622        

registration, except for funds received by the registrar under     2,623        

section 4504.09 of the Revised Code, after receipt of              2,624        

certifications from the commissioners of the sinking fund          2,625        

certifying, as required by sections 5528.15 and 5528.35 of the     2,626        

Revised Code, that there are sufficient moneys to the credit of    2,627        

the highway improvement bond retirement fund created by section    2,628        

5528.12 of the Revised Code to meet in full all payments of        2,629        

interest, principal, and charges for the retirement of bonds and   2,630        

other obligations issued pursuant to Section 2g of Article VIII,   2,631        

Ohio Constitution, and sections 5528.10 and 5528.11 of the         2,632        

Revised Code due and payable during the current calendar year,     2,633        

and that there are sufficient moneys to the credit of the highway  2,634        

obligations bond retirement fund created by section 5528.32 of     2,635        

the Revised Code to meet in full all payments of interest,         2,636        

principal, and charges for the retirement of highway obligations   2,637        

issued pursuant to Section 2i of Article VIII, Ohio Constitution,  2,638        

and sections 5528.30 and 5528.31 of the Revised Code due and       2,639        

                                                          67     

                                                                 
payable during the current calendar year, in the manner provided   2,640        

in section 4501.04 of the Revised Code.                            2,641        

      The treasurer of state may invest any portion of the moneys  2,643        

credited to the auto registration distribution fund, in the same   2,644        

manner and subject to all the laws with respect to the investment  2,645        

of state funds by the treasurer of state, and all investment       2,646        

earnings of the fund shall be credited to the fund.                2,648        

      Once each month the registrar shall prepare vouchers in      2,650        

favor of the county auditor of each county for the amount of the   2,651        

tax collection pursuant to sections 4503.02 and 4503.12 of the     2,652        

Revised Code apportioned to the county and to the districts of     2,653        

registration located wholly or in part in the county auditor's     2,655        

county.  The county auditor shall distribute the proceeds of the                

tax collections due the county and the districts of registration   2,657        

in the manner provided in section 4501.04 of the Revised Code.     2,658        

      Once each month the registrar also shall prepare vouchers    2,660        

in favor of the county auditor of each county levying a county     2,661        

motor vehicle license tax pursuant to section 4504.02, 4504.15,    2,662        

or 4504.16 of the Revised Code and of each county in which is      2,663        

located one or more townships levying a township motor vehicle     2,664        

license tax pursuant to section 4504.18 of the Revised Code for    2,665        

the amount of the tax due the county or townships in the county.   2,666        

      All moneys received by the registrar under sections          2,668        

4503.02, 4503.12, and 4504.09 of the Revised Code shall be         2,669        

distributed to counties, townships, and municipal corporations     2,670        

within thirty days of the expiration of the registration year,     2,671        

except that a sum equal to five per cent of the total amount       2,672        

received under sections 4503.02 and 4503.12 of the Revised Code    2,673        

may be reserved to make final adjustments in accordance with the   2,674        

formula for distribution set forth in section 4501.04 of the       2,675        

Revised Code.  If amounts set aside to make the adjustments are    2,676        

inadequate, necessary adjustments shall be made immediately out    2,677        

of funds available for distribution for the following two          2,678        

registration years.                                                2,679        

                                                          68     

                                                                 
      Sec. 4501.14.  (A)  There is hereby created in the state     2,688        

treasury the central registration fund, to which shall be          2,689        

credited the fees charged in division (G) of section 4503.102 of   2,690        

the Revised Code, unless otherwise provided by law.  Additional    2,691        

expenses EXPENSES incurred by the registrar of motor vehicles for  2,692        

implementation of the central mail-in system of motor vehicle      2,693        

registration renewals shall be charged to the central              2,694        

registration fund.  THE DIRECTOR OF BUDGET AND MANAGEMENT MAY      2,696        

TRANSFER EXCESS MONEY FROM THE CENTRAL REGISTRATION FUND TO THE                 

STATE BUREAU OF MOTOR VEHICLES FUND ESTABLISHED BY SECTION         2,697        

4501.25 OF THE REVISED CODE IF THE REGISTRAR DETERMINES THE        2,698        

AMOUNT OF MONEY IN THE CENTRAL REGISTRATION FUND EXCEEDS THE       2,699        

AMOUNT REQUIRED TO COVER COSTS AND REQUESTS THE DIRECTOR TO MAKE                

THE TRANSFER.  All investment earnings of the central              2,700        

registration fund shall be credited to the central registration    2,701        

fund.                                                              2,702        

      (B)  By the fifteenth day of October of each year, the       2,704        

registrar and the director of the office of budget and management  2,705        

shall determine and certify for the preceding fiscal year the      2,706        

amount, if any, by which the fees collected and paid into the      2,707        

central registration fund exceed the expenses incurred by the      2,708        

registrar during such year that are determined to be expenses      2,709        

that would not have been incurred except for the enactment of      2,710        

Amended Substitute Senate Bill No. 1 of the 117th general          2,711        

assembly.  The amount of the excess shall be transferred from the  2,712        

central registration fund to the auto registration distribution    2,713        

fund within ten days of the date on which the certification is     2,714        

made, except as follows:                                           2,715        

      (1)  First, the registrar and the director may determine     2,717        

the amount of the excess, if any, that will be necessary to meet   2,718        

anticipated expenses in the next fiscal year and that amount       2,719        

shall be retained in the central registration fund;                2,720        

      (2)  Second, the amount of the remaining excess, if any,     2,722        

equal to the number of motor vehicles inspected pursuant to        2,723        

                                                          69     

                                                                 
section 4505.061 of the Revised Code as determined and certified   2,724        

by the registrar, multiplied by fifty cents shall be transferred   2,725        

into the state bureau of motor vehicles fund established by        2,726        

section 4501.25 of the Revised Code.                               2,727        

      (C)  The director of the office of budget and management     2,729        

shall determine and certify the amount of any estimated            2,730        

deficiency in the central registration fund.  The amount of the    2,731        

deficiency shall be paid into the central registration fund from   2,732        

moneys received by the registrar under section 4503.02 of the      2,733        

Revised Code, at such times and in a manner determined by the      2,734        

director and the registrar.                                        2,735        

      Sec. 4501.15.  (A)  The department of public safety shall    2,744        

not provide social security numbers from its driver license and    2,746        

vehicle registration records to any person, except local, state,   2,747        

or federal governmental agencies.  This section DIVISION does not  2,748        

preclude the registrar from reporting a person's social security   2,750        

number if the number was provided in the request for information.               

      (B)  THE DEPARTMENT SHALL NOT PROVIDE TO ANY PERSON CREDIT   2,752        

CARD ACCOUNT NUMBERS OR ANY OTHER INFORMATION OBTAINED WHEN A      2,753        

PERSON USES A CREDIT CARD TO PAY MOTOR VEHICLE REGISTRATION TAXES  2,754        

OR FEES, LICENSE FEES, OR OTHER SIMILAR TAXES, FEES, PENALTIES,    2,755        

OR CHARGES IMPOSED OR LEVIED BY THE STATE AND COLLECTED BY THE     2,756        

DEPARTMENT, EXCEPT THAT SUCH INFORMATION MAY BE PROVIDED TO THE    2,757        

FINANCIAL INSTITUTIONS AND CREDIT ISSUING COMPANIES DIRECTLY                    

INVOLVED IN THE CREDIT TRANSACTION OR TO LOCAL, STATE, OR FEDERAL  2,758        

GOVERNMENTAL AGENCIES.                                                          

      Sec. 4501.16.  THERE IS HEREBY CREATED IN THE STATE          2,760        

TREASURY THE MARCS MAINTENANCE FUND.  THE FUND SHALL CONSIST OF    2,761        

MONEYS RECEIVED BY THE STATE HIGHWAY PATROL FROM USERS OF THE      2,763        

MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM (MARCS).  THE FUND SHALL  2,764        

BE USED TO PROVIDE MAINTENANCE FOR MARCS-RELATED EQUIPMENT         2,765        

LOCATED AT BOTH THE MARCS FACILITIES AND TOWER SITES.  ALL         2,767        

INVESTMENT EARNINGS ON MONEYS IN THE FUND SHALL BE CREDITED TO     2,768        

THE FUND.                                                                       

                                                          70     

                                                                 
      Sec. 4501.19.  There is hereby created in the state          2,777        

treasury the law enforcement reimbursement fund.  The LAW          2,778        

ENFORCEMENT REIMBURSEMENT fund shall consist of those fees         2,779        

collected by the registrar of motor vehicles under division        2,781        

(A)(6) of section 4503.233 of the Revised Code, and shall be used  2,782        

to make payments to law enforcement agencies in accordance with    2,783        

that division.  HOWEVER, THE DIRECTOR OF BUDGET AND MANAGEMENT     2,784        

MAY TRANSFER EXCESS MONEY FROM THE LAW ENFORCEMENT REIMBURSEMENT   2,785        

FUND TO THE BUREAU OF MOTOR VEHICLES FUND CREATED IN SECTION       2,786        

4501.25 OF THE REVISED CODE IF THE REGISTRAR DETERMINES THAT THE                

AMOUNT OF MONEY IN THE LAW ENFORCEMENT REIMBURSEMENT FUND EXCEEDS  2,787        

THE AMOUNTS REQUIRED TO BE PAID BY DIVISION (A)(6) OF SECTION      2,788        

4503.233 OF THE REVISED CODE, AND THE REGISTRAR REQUESTS THE       2,789        

DIRECTOR TO MAKE THE TRANSFER.  All investment earnings of the     2,790        

LAW ENFORCEMENT REIMBURSEMENT fund shall be credited to the fund.  2,791        

      Sec. 4501.20.  There is hereby created in the state          2,800        

treasury the collegiate license plate fund.  The fund shall        2,801        

consist of the contributions and fees that are paid to the         2,802        

registrar of motor vehicles by applicants who voluntarily choose   2,803        

to obtain collegiate license plates pursuant to section 4503.51    2,804        

of the Revised Code.                                               2,805        

      A contribution deposited in the fund shall be paid to the    2,807        

university or college whose name or marking or design appears on   2,808        

collegiate license plates that are issued to a person under        2,809        

section 4503.51 of the Revised Code.  A university or college      2,810        

that receives contributions from the fund shall deposit the        2,811        

contributions into its general scholarship fund.  The fees         2,812        

deposited in the fund shall be used to pay the expenses the        2,813        

bureau of motor vehicles incurs in providing the additional        2,814        

services required in the issuing of collegiate license plates.     2,815        

All                                                                2,816        

      ALL investment earnings of the COLLEGIATE LICENSE PLATE      2,818        

fund shall be credited to the fund.                                2,819        

      Sec. 4501.22.  There is hereby created in the state          2,828        

                                                          71     

                                                                 
treasury the pro football hall of fame license plate fund.  The    2,829        

fund shall consist of the contributions and fees that are paid to  2,830        

the registrar of motor vehicles by applicants who voluntarily      2,831        

choose to obtain pro football hall of fame license plates          2,832        

pursuant to section 4503.55 of the Revised Code.                   2,833        

      A contribution deposited in the fund shall be paid to the    2,835        

pro football hall of fame, which shall deposit the contribution    2,836        

into a special bank account that it establishes and that shall be  2,837        

separate and distinct from any other account maintained by the     2,838        

pro football hall of fame, to be used exclusively for the purpose  2,839        

of promoting the pro football hall of fame as a travel             2,840        

destination.                                                                    

      The fees deposited in the pro football hall of fame license  2,842        

plate fund shall be used to pay the expenses the bureau of motor   2,844        

vehicles incurs in providing the additional services required in   2,845        

the issuing of pro football hall of fame license plates.           2,846        

      All investment earnings of the pro football hall of fame     2,848        

license plate fund shall be credited to the fund.                  2,849        

      Sec. 4501.28.  THERE IS HEREBY CREATED IN THE STATE          2,851        

TREASURY THE MARCS OPERATIONS FUND.  THE FUND SHALL CONSIST OF     2,852        

MONEYS RECEIVED BY THE EMERGENCY MANAGEMENT AGENCY ESTABLISHED     2,853        

UNDER SECTION 5502.22 OF THE REVISED CODE FROM USERS OF THE        2,854        

MULTI-AGENCY RADIO COMMUNICATIONS SYSTEM (MARCS).  THE FUND SHALL  2,855        

BE USED TO PROVIDE FOR THE SYSTEMS OPERATIONS OF MARCS.  ALL       2,856        

INVESTMENT EARNINGS ON MONEYS IN THE FUND SHALL BE CREDITED TO                  

THE FUND.                                                                       

      Sec. 4503.102.  (A)  The registrar of motor vehicles shall   2,865        

adopt rules to establish a centralized system of motor vehicle     2,866        

registration renewal by mail.  Any person owning a motor vehicle   2,867        

that was registered in his THE PERSON'S name during the preceding  2,869        

registration year shall renew the registration of the motor        2,870        

vehicle either by mail through the centralized system of           2,871        

registration established under this section or in person at a      2,872        

deputy registrar's office.                                                      

                                                          72     

                                                                 
      (B)(1)  No less than forty-five days prior to the            2,874        

expiration date of any motor vehicle registration, the registrar   2,875        

shall mail a renewal notice to the person in whose name the motor  2,876        

vehicle is registered.  The renewal notice shall clearly state     2,877        

that the registration of the motor vehicle may be renewed by mail  2,878        

through the centralized system of registration or in person at a   2,879        

deputy registrar's office and shall be preprinted with             2,880        

information including, but not limited to, the owner's name and    2,881        

residence address as shown in the records of the bureau of motor   2,882        

vehicles, a brief description of the motor vehicle to be           2,883        

registered, notice of the license taxes and fees due on the motor  2,884        

vehicle, the toll-free telephone number of the registrar as        2,885        

required under division (D)(1) of section 4503.031 of the Revised  2,886        

Code, and any additional information the registrar may require by  2,887        

rule.  The renewal notice shall be sent by regular mail to the     2,889        

owner's last known address as shown in the records of the bureau                

of motor vehicles.                                                 2,890        

      (2)  If the application for renewal of the registration of   2,893        

a motor vehicle is prohibited from being accepted by the           2,894        

registrar or a deputy registrar by division (D) of section         2,895        

2935.27, division (A) of section 2937.221, division (B) of         2,896        

section 4507.168, or division (B)(1) of section 4521.10 of the     2,897        

Revised Code, the registrar is not required to send a renewal      2,898        

notice to the vehicle owner or vehicle lessee.                                  

      (C)  The owner of the motor vehicle shall verify the         2,900        

information contained in the notice, sign it, and return it, in    2,901        

person to a deputy registrar or by mail to the registrar,          2,902        

together with a credit card number, when permitted by rule of the  2,903        

registrar, check, or money order in the amount of the              2,904        

registration taxes and fees payable on the motor vehicle and a     2,905        

mail fee of two dollars and twenty-five cents plus postage as      2,906        

indicated on the notice, if the registration is renewed by mail,   2,907        

and an inspection certificate for the motor vehicle as provided    2,908        

in section 3704.14 of the Revised Code.                            2,909        

                                                          73     

                                                                 
      (D)  If all registration and transfer fees for the motor     2,911        

vehicle for the preceding year or the preceding period of the      2,912        

current registration year have not been paid, if division (D) of   2,913        

section 2935.27, division (A) of section 2937.221, division (B)    2,915        

of section 4507.168, or division (B)(1) of section 4521.10 of the  2,916        

Revised Code prohibits acceptance of the renewal notice, or if                  

the owner or lessee does not have an inspection certificate for    2,918        

the motor vehicle as provided in section 3704.14 of the Revised    2,919        

Code, if that section is applicable, the license shall be refused  2,920        

and the registrar or deputy registrar shall so notify the owner.   2,921        

This section does not require the payment of license or            2,922        

registration taxes on a motor vehicle for any preceding year, or   2,923        

for any preceding period of a year, if the motor vehicle was not   2,924        

taxable for that preceding year or period under section 4503.02,   2,925        

4503.04, 4503.11, 4503.12, or 4503.16 or Chapter 4504. of the      2,926        

Revised Code.                                                      2,927        

      (E)(1)  Failure to receive a renewal notice does not         2,929        

relieve a motor vehicle owner from the responsibility to renew     2,931        

the registration for the motor vehicle.  Any person who has a      2,932        

motor vehicle registered in this state and who does not receive a  2,933        

renewal notice as provided in division (B) of this section prior   2,934        

to the expiration date of the registration shall request an        2,935        

application for registration from the registrar or a deputy        2,936        

registrar and return the signed application and any applicable     2,937        

license taxes and fees to the registrar or deputy registrar.       2,938        

      (2)  If the owner of a motor vehicle submits an application  2,940        

for registration and the registrar is prohibited by division (D)   2,941        

of section 2935.27, division (A) of section 2937.221, division     2,944        

(B) of section 4507.168, or division (B)(1) of section 4521.10 of  2,946        

the Revised Code from accepting the application, the registrar                  

shall return the application and the payment to the owner and      2,947        

also shall include an explanatory notice as described in division  2,948        

(B)(2) of this section.                                                         

      (F)  Every deputy registrar shall post in a prominent place  2,950        

                                                          74     

                                                                 
at the deputy's office a notice informing the public of the mail   2,952        

registration system required by this section, and also shall post  2,953        

a notice that every owner of a motor vehicle and every chauffeur   2,954        

holding a certificate of registration is required to notify the    2,955        

registrar in writing of any change of residence within ten days    2,956        

after the change occurs.  The notice shall be in such form as the  2,957        

registrar prescribes by rule.                                      2,958        

      (G)  The two dollars and twenty-five cents fee, plus         2,960        

postage and any credit card surcharge collected by the registrar   2,961        

for registration by mail, shall be paid to the credit of the       2,962        

central registration fund established by section 4501.14 of the    2,963        

Revised Code.                                                      2,964        

      (H)  No later than January 1, 1991, the registrar shall      2,966        

implement the initial phase of a credit card payment program       2,967        

permitting payment of motor vehicle renewal registration taxes     2,968        

and fees by means of a credit card when such renewal is made by    2,969        

mail.  No later than January 1, 1993, the THE registrar shall MAY  2,971        

implement the final phase of the credit card payment A program     2,972        

permitting payment of motor vehicle registration taxes and fees,   2,973        

driver's license and commercial driver's license fees, and any     2,974        

other taxes, fees, PENALTIES, or charges imposed or levied by the  2,976        

state relating to such registrations and licenses that are         2,977        

collected by the registrar or a deputy registrar by means of a     2,978        

credit card when such motor vehicle registrations, license         2,979        

applications, or other similar state-related transactions are      2,980        

made in person at the office of the registrar or at a deputy       2,981        

registrar's office.  The registrar shall MAY adopt rules as        2,982        

necessary for this purpose.  No deputy registrar shall accept a    2,984        

credit card as payment for the purchase of any goods sold by the   2,985        

deputy registrar and any tax imposed by Chapter 5739. of the       2,986        

Revised Code on the sale of such goods.                            2,987        

      If a person uses a credit card to pay motor vehicle          2,989        

registration taxes or fees, license fees, or other similar taxes,  2,990        

fees, PENALTIES, or charges imposed or levied by the state as      2,991        

                                                          75     

                                                                 
provided in this section, a surcharge sufficient to pay the        2,993        

required service charge of the financial institution or credit     2,994        

card company shall be paid by the person using the credit card.    2,995        

      (I)  For persons who reside in counties where tailpipe       2,997        

emissions inspections are required under the motor vehicle         2,998        

inspection and maintenance program, the notice required by         2,999        

division (B) of this section shall also include the toll-free      3,000        

telephone number maintained by the Ohio environmental protection   3,001        

agency to provide information concerning the locations of          3,002        

emissions testing centers.                                         3,003        

      Sec. 4503.191.  (A)  The identification license plate shall  3,012        

be issued for a multi-year period as determined by the director    3,014        

of public safety, and shall be accompanied by a validation         3,015        

sticker, to be attached to the license plate.  The validation      3,016        

sticker shall indicate the expiration of the registration period                

to which the motor vehicle for which the license plate is issued   3,017        

is assigned, in accordance with rules adopted by the registrar.    3,018        

During each succeeding year of the multi-year period following     3,020        

the issuance of the plate and validation sticker, upon the filing  3,021        

of an application for registration and the payment of the tax      3,022        

therefor, a validation sticker alone shall be issued.  The                      

validation stickers required under this section shall be of        3,023        

different colors or shades each year, the new colors or shades to  3,024        

be selected by the director.                                                    

      (B)  Identification license plates and, validation stickers  3,027        

required under this section,  AND COUNTY IDENTIFICATION STICKERS   3,028        

shall be produced by Ohio penal industries.  HOWEVER, THE          3,029        

REGISTRAR AND OHIO PENAL INDUSTRIES MAY ENTER INTO AN AGREEMENT    3,031        

UNDER WHICH THE BUREAU OF MOTOR VEHICLES AT CERTAIN TIMES MAY      3,032        

PRODUCE CERTAIN TYPES OF VALIDATION AND COUNTY IDENTIFICATION      3,033        

STICKERS.  THE AGREEMENT SHALL SPECIFY THOSE TIMES AND TYPES OF    3,034        

STICKERS.                                                                       

      Sec. 4503.40.  The registrar of motor vehicles shall be      3,043        

allowed a fee, not to exceed ten dollars, for each application     3,044        

                                                          76     

                                                                 
received by him THE REGISTRAR for special state reserved license   3,045        

plate numbers and the issuing of such licenses, and validation     3,047        

stickers, in the several series as he THE REGISTRAR may            3,048        

designate.  The fee shall be in addition to the license tax        3,050        

established by this chapter and, where applicable, Chapter 4504.   3,051        

of the Revised Code.  Seven dollars and fifty cents of the fee     3,052        

shall be for the purpose of compensating the bureau of motor       3,053        

vehicles for additional services required in the issuing of such   3,054        

licenses, and the remaining two dollars and fifty cents shall be   3,055        

transmitted by the registrar to the treasurer of state for         3,056        

deposit in the highway operating fund created by section 5735.291  3,057        

of the Revised Code.  The types of motor vehicles for which        3,058        

special state reserved license plates may be issued in accordance  3,059        

with this section shall include at least motorcycles, motor        3,060        

buses, passenger cars, and noncommercial motor vehicles.           3,061        

      Sec. 4503.42.  The registrar of motor vehicles shall be      3,070        

allowed a fee of not to exceed thirty-five dollars, which shall    3,071        

be in addition to the regular license fee for tags as prescribed   3,072        

under section 4503.04 of the Revised Code and any tax levied       3,073        

under section 4504.02 or 4504.06 of the Revised Code, for each     3,074        

application received by him THE REGISTRAR for special reserved     3,075        

license plate numbers containing more than three letters or        3,076        

numerals, and the issuing of such licenses and validation          3,077        

stickers in the several series as he THE REGISTRAR may designate.  3,078        

Five dollars of the fee shall be for the purpose of compensating   3,079        

the bureau of motor vehicles for additional services required in   3,080        

the issuing of such licenses and validation stickers, and the      3,081        

remaining thirty dollars shall be transmitted by the registrar to               

the treasurer of state for deposit in the highway operating fund   3,082        

created by section 5735.291 of the Revised Code.                   3,083        

      This section does not apply to the issuance of reserved      3,085        

license plates as authorized by sections 4503.14, 4503.15, and     3,086        

4503.40 of the Revised Code.  The types of motor vehicles for      3,087        

which license plate numbers containing more than three letters or  3,088        

                                                          77     

                                                                 
numerals may be issued in accordance with this section shall       3,090        

include at least motor buses, passenger cars, and noncommercial    3,091        

motor vehicles.                                                                 

      Sec. 4503.51.  (A)  The owner of any passenger car,          3,100        

noncommercial motor vehicle, or recreational vehicle may           3,101        

voluntarily choose to submit an application to the registrar of    3,102        

motor vehicles for registration of such motor vehicle and for      3,103        

issuance of collegiate license plates.  The request for a          3,104        

collegiate license plate may be combined with a request for a      3,106        

special reserved license plate under section 4503.40 or 4503.42    3,107        

of the Revised Code.                                                            

      Upon receipt of an application for registration of a         3,109        

passenger car, noncommercial motor vehicle, or recreational        3,110        

vehicle in accordance with any rules adopted under this section    3,111        

and upon compliance with division (B) of this section, the         3,112        

registrar shall issue to the applicant appropriate vehicle         3,114        

registration and a set of collegiate license plates with a         3,115        

validation sticker, or a validation sticker alone when required                 

by section 4503.191 of the Revised Code.                           3,116        

      In addition to the letters and numbers ordinarily inscribed  3,118        

thereon, collegiate license plates shall be inscribed with the     3,120        

name of a university or college that is participating with the     3,122        

registrar in the issuance of collegiate license plates, or any     3,123        

other identifying marking or design selected by such a university  3,124        

or college and approved by the registrar.  Collegiate license                   

plates shall bear county identification stickers unless the        3,126        

registrar approves a design for the license plates that does not   3,127        

allow for the placement of the county identification sticker.      3,128        

      (B)  The collegiate license plates and validation sticker    3,130        

shall be issued upon receipt of a contribution as provided in      3,131        

division (C) of this section and payment of the regular license    3,132        

fees as prescribed under section 4503.04 of the Revised Code, any  3,133        

applicable motor vehicle tax levied under Chapter 4504. of the     3,134        

Revised Code, a fee not to exceed ten dollars for the purpose of   3,135        

                                                          78     

                                                                 
compensating the bureau of motor vehicles for additional services  3,136        

required in the issuing of collegiate license plates, and          3,137        

compliance with all other applicable laws relating to the          3,139        

registration of motor vehicles, including presentation of any      3,140        

inspection certificate required to be obtained for the motor       3,141        

vehicle under section 3704.14 of the Revised Code.  If the         3,142        

application for a collegiate license plate is combined with a      3,143        

request for a special reserved license plate under section         3,144        

4503.40 or 4503.42 of the Revised Code, the license plate and      3,145        

validation sticker shall be issued upon payment of the                          

contribution, fees, and taxes referred to in this division, the    3,146        

additional fee prescribed under section 4503.40 or 4503.42 of the  3,148        

Revised Code, and compliance with all other laws relating to the   3,149        

registration of motor vehicles, including presentation of any      3,150        

inspection certificate required to be obtained for the motor       3,151        

vehicle under section 3704.14 of the Revised Code.                 3,152        

      (C)  The registrar shall collect a contribution of forty     3,156        

dollars for each application for registration and registration     3,157        

renewal notice under this section.                                              

      The registrar shall transmit this contribution and the TO    3,160        

THE TREASURER OF STATE FOR DEPOSIT INTO THE COLLEGIATE LICENSE                  

PLATE FUND CREATED BY SECTION 4501.20 OF THE REVISED CODE.  THE    3,161        

additional fee not to exceed ten dollars that the applicant for    3,163        

registration voluntarily pays for the purpose of compensating the  3,164        

bureau for the additional services required in the issuing of his  3,165        

THE collegiate license plates SHALL BE TRANSMITTED INTO THE STATE  3,166        

TREASURY to the treasurer CREDIT of THE state for deposit in the   3,167        

collegiate license plate BUREAU OF MOTOR VEHICLES fund created in  3,168        

section 4501.20 4501.25 of the Revised Code.                       3,169        

      (D)  The registrar, in accordance with Chapter 119. of the   3,171        

Revised Code, shall adopt rules necessary for the efficient        3,172        

administration of the collegiate license plate program.            3,173        

      (E)  As used in this section, "university or college" means  3,175        

a state university or college or a private university or college   3,176        

                                                          79     

                                                                 
located in this state that possesses a certificate of              3,177        

authorization issued by the Ohio board of regents pursuant to      3,178        

Chapter 1713. of the Revised Code.  "University or college" also   3,179        

includes community colleges created pursuant to Chapter 3354. of   3,180        

the Revised Code, university branches created pursuant to Chapter  3,181        

3355. of the Revised Code, technical colleges created pursuant to  3,182        

Chapter 3357. of the Revised Code, and state community colleges    3,183        

created pursuant to Chapter 3358. of the Revised Code.             3,184        

      Sec. 4503.52.  (A)  The owner of any passenger car,          3,193        

noncommercial motor vehicle, or recreational vehicle may apply to  3,194        

the registrar of motor vehicles for the registration of the        3,195        

vehicle and issuance of Lake Erie license plates.  The             3,196        

application for Lake Erie license plates may be combined with a    3,197        

request for a special reserved license plate under section         3,198        

4503.40 or 4503.42 of the Revised Code.  Upon receipt of the       3,199        

completed application and compliance with division (B) of this     3,200        

section, the registrar shall issue to the applicant the            3,201        

appropriate vehicle registration and a set of Lake Erie license    3,202        

plates with a validation sticker or a validation sticker alone     3,203        

when required by section 4503.191 of the Revised Code.             3,204        

      In addition to the letters and numbers ordinarily inscribed  3,206        

thereon, Lake Erie license plates shall be inscribed with          3,207        

identifying words or markings designed by the Ohio Lake Erie       3,208        

commission and approved by the registrar.  Lake Erie license       3,209        

plates shall bear county identification stickers unless the        3,210        

registrar approves a design for the license plates that does not   3,211        

allow for the placement of the county identification sticker.      3,212        

      (B)  The Lake Erie license plates and validation sticker     3,214        

shall be issued upon receipt of a contribution as provided in      3,215        

division (C) of this section and upon payment of the regular       3,216        

license fees as prescribed under section 4503.04 of the Revised    3,217        

Code, a fee not to exceed ten dollars for the purpose of           3,218        

compensating the bureau of motor vehicles for additional services  3,219        

required in the issuing of the Lake Erie license plates, any       3,220        

                                                          80     

                                                                 
applicable motor vehicle tax levied under Chapter 4504. of the     3,221        

Revised Code, and compliance with all other applicable laws        3,222        

relating to the registration of motor vehicles.  If the            3,223        

application for Lake Erie license plates is combined with a        3,224        

request for a special reserved license plate under section         3,225        

4503.40 or 4503.42 of the Revised Code, the license plate and      3,226        

validation sticker shall be issued upon payment of the             3,227        

contribution, fees, and taxes contained in this division and the   3,228        

additional fee prescribed under section 4503.40 or 4503.42 of the  3,229        

Revised Code.                                                      3,230        

      (C)  For each application for registration and registration  3,232        

renewal he receives RECEIVED under this section, the registrar     3,233        

shall collect a contribution in an amount not to exceed forty      3,234        

dollars as determined by the Ohio Lake Erie commission.  The       3,235        

registrar shall transmit this contribution to the treasurer of     3,236        

state for deposit in the Lake Erie protection fund created in      3,237        

section 1506.23 of the Revised Code.                               3,238        

      The registrar shall deposit the additional fee not to        3,240        

exceed ten dollars specified in division (B) of this section that  3,241        

the applicant for registration voluntarily pays for the purpose    3,242        

of compensating the bureau for the additional services required    3,243        

in the issuing of his THE Lake Erie license plates in the Lake     3,244        

Erie license plate STATE BUREAU OF MOTOR VEHICLES fund created in  3,245        

section 4501.21 4501.25 of the Revised Code.                       3,246        

      Sec. 4503.55.  (A)  The owner of any passenger car,          3,255        

noncommercial motor vehicle, or recreational vehicle may apply to  3,256        

the registrar of motor vehicles for the registration of the        3,257        

vehicle and issuance of pro football hall of fame license plates.  3,258        

The application for pro football hall of fame license plates may   3,259        

be combined with a request for a special reserved license plate    3,260        

under section 4503.40 or 4503.42 of the Revised Code.  Upon        3,261        

receipt of the completed application and compliance with division  3,262        

(B) of this section, the registrar shall issue to the applicant    3,263        

the appropriate vehicle registration and a set of pro football     3,264        

                                                          81     

                                                                 
hall of fame license plates with a validation sticker or a         3,265        

validation sticker alone when required by section 4503.191 of the  3,266        

Revised Code.                                                      3,267        

      In addition to the letters and numbers ordinarily inscribed  3,269        

thereon, pro football hall of fame license plates shall be         3,270        

inscribed with identifying words or markings designed by the pro   3,271        

football hall of fame and approved by the registrar.  Pro          3,272        

football hall of fame plates shall bear county identification      3,273        

stickers unless the registrar approves a design for the license    3,274        

plates that does not allow for the placement of the county         3,275        

identification sticker.                                            3,276        

      (B)  The pro football hall of fame license plates and        3,278        

validation sticker shall be issued upon receipt of a contribution  3,279        

as provided in division (C) of this section and upon payment of    3,280        

the regular license fees as prescribed under section 4503.04 of    3,281        

the Revised Code, a fee not to exceed ten dollars for the purpose  3,282        

of compensating the bureau of motor vehicles for additional        3,283        

services required in the issuing of the pro football hall of fame  3,284        

license plates, any applicable motor vehicle tax levied under      3,285        

Chapter 4504. of the Revised Code, and compliance with all other   3,286        

applicable laws relating to the registration of motor vehicles.    3,287        

If the application for pro football hall of fame license plates    3,288        

is combined with a request for a special reserved license plate    3,289        

under section 4503.40 or 4503.42 of the Revised Code, the license  3,290        

plate and validation sticker shall be issued upon payment of the   3,291        

contribution, fees, and taxes contained in this division and the   3,292        

additional fee prescribed under section 4503.40 or 4503.42 of the  3,293        

Revised Code.                                                      3,294        

      (C)  For each application for registration and registration  3,296        

renewal under this section, the registrar shall collect a          3,298        

contribution of fifteen dollars.  The registrar shall transmit     3,299        

this contribution to the treasurer of state for deposit in the     3,300        

pro football hall of fame license plate fund created in section    3,301        

4501.22 of the Revised Code.                                                    

                                                          82     

                                                                 
      The registrar shall deposit the additional fee not to        3,303        

exceed ten dollars specified in division (B) of this section that  3,304        

the applicant for registration voluntarily pays for the purpose    3,305        

of compensating the bureau for the additional services required    3,306        

in the issuing of his THE APPLICANT'S pro football hall of fame    3,307        

license plates in the pro football hall of fame license plate      3,309        

STATE BUREAU OF MOTOR VEHICLES fund created in section 4501.22     3,311        

4501.25 of the Revised Code.                                                    

      Sec. 4503.56.  (A)  The owner of any passenger car,          3,320        

noncommercial motor vehicle, or recreational vehicle may apply to  3,321        

the registrar of motor vehicles for the registration of the        3,322        

vehicle and issuance of scenic rivers license plates.  The         3,323        

application for scenic rivers license plates may be combined with  3,324        

a request for a special reserved license plate under section       3,325        

4503.40 or 4503.42 of the Revised Code.  Upon receipt of the       3,326        

completed application and compliance with division (B) of this     3,327        

section, the registrar shall issue to the applicant the            3,328        

appropriate vehicle registration and a set of scenic rivers        3,329        

license plates with a validation sticker or a validation sticker   3,330        

alone when required by section 4503.191 of the Revised Code.       3,331        

      In addition to the letters and numbers ordinarily inscribed  3,333        

thereon, scenic rivers license plates shall be inscribed with      3,334        

identifying words or markings designed by the department of        3,335        

natural resources and approved by the registrar.  Scenic rivers    3,336        

license plates shall bear county identification stickers unless    3,337        

the registrar approves a design for the license plates that does   3,338        

not allow for the placement of the county identification sticker.  3,339        

      (B)  The scenic rivers license plates and validation         3,341        

sticker shall be issued upon receipt of a contribution as          3,342        

provided in division (C) of this section and upon payment of the   3,343        

regular license fees as prescribed under section 4503.04 of the    3,344        

Revised Code, a fee not to exceed ten dollars for the purpose of   3,345        

compensating the bureau of motor vehicles for additional services  3,346        

required in the issuing of the scenic rivers license plates, any   3,347        

                                                          83     

                                                                 
applicable motor vehicle tax levied under Chapter 4504. of the     3,348        

Revised Code, and compliance with all other applicable laws        3,349        

relating to the registration of motor vehicles.  If the            3,350        

application for scenic rivers license plates is combined with a    3,351        

request for a special reserved license plate under section         3,352        

4503.40 or 4503.42 of the Revised Code, the license plate and      3,353        

validation sticker shall be issued upon payment of the             3,354        

contribution, fees, and taxes contained in this division and the   3,355        

additional fee prescribed under section 4503.40 or 4503.42 of the  3,356        

Revised Code.                                                      3,357        

      (C)  For each application for registration and registration  3,359        

renewal under this section, the registrar shall collect a          3,361        

contribution in an amount not to exceed forty dollars as           3,362        

determined by the department of natural resources.  The registrar  3,363        

shall transmit this contribution to the treasurer of state for     3,364        

deposit in the scenic rivers protection fund created in section    3,365        

4501.24 of the Revised Code.                                                    

      The registrar shall deposit the additional fee not to        3,367        

exceed ten dollars specified in division (B) of this section that  3,368        

the applicant for registration voluntarily pays for the purpose    3,369        

of compensating the bureau for the additional services required    3,370        

in the issuing of his THE APPLICANT'S scenic rivers license        3,371        

plates in the scenic rivers protection license plate STATE BUREAU  3,373        

OF MOTOR VEHICLES fund created in section 4501.23 4501.25 of the   3,375        

Revised Code.                                                                   

      Sec. 4503.66.  Without limitation, the registrar of motor    3,384        

vehicles may adopt rules governing the following:                  3,385        

      (A)  The temporary registration of vehicles pending receipt  3,387        

of the apportioned license plate and registration card;            3,388        

      (B)  The initial application for apportioned registration;   3,390        

      (C)  The addition of declared jurisdictions throughout the   3,392        

registration year;                                                 3,393        

      (D)  The apportioned registration of vehicles leased to      3,395        

motor carriers, including the issuance of trip permits and         3,396        

                                                          84     

                                                                 
temporary registration permits for owner-operators not operating   3,397        

as lessors;                                                        3,398        

      (E)  The apportioned registration of vehicular equipment     3,400        

leased to a carrier for a single interjurisdictional movement;     3,401        

      (F)  The apportioned registration of rental vehicles;        3,403        

      (G)  The apportioned registration of vehicular equipment     3,405        

leased by household goods carriers;                                3,406        

      (H)  The registration of motor buses;                        3,408        

      (I)  The issuance of trip permits;                           3,410        

      (J)  The issuance of hunters' permits;                       3,412        

      (K)  The registration under this chapter of vehicles based   3,414        

in jurisdictions that are not members of the international         3,415        

registration plan.                                                 3,416        

      Sec. 4505.11.  (A)  Each owner of a motor vehicle and each   3,425        

person mentioned as owner in the last certificate of title, when   3,426        

the motor vehicle is dismantled, destroyed, or changed in such     3,427        

manner that it loses its character as a motor vehicle, or changed  3,428        

in such manner that it is not the motor vehicle described in the   3,429        

certificate of title, shall surrender the certificate of title to  3,431        

that motor vehicle to the clerk of the court of common pleas who                

issued it, and thereupon the clerk, with the consent of any        3,433        

holders of any liens noted thereon, shall enter a cancellation     3,434        

upon the clerk's records and shall notify the registrar of motor   3,435        

vehicles of the cancellation.                                                   

      Upon the cancellation of a certificate of title in the       3,437        

manner prescribed by this section, the clerk and the registrar of  3,439        

motor vehicles may cancel and destroy all certificates and all     3,440        

memorandum certificates in that chain of title.                    3,441        

      (B)  Where an Ohio certificate of title or salvage           3,443        

certificate of title to a motor vehicle is assigned to a salvage   3,444        

dealer, the dealer is not required to obtain an Ohio certificate   3,446        

of title or a salvage certificate of title to the motor vehicle    3,447        

in the dealer's own name if the dealer dismantles or destroys the  3,448        

motor vehicle, indicates the number of the dealer's motor vehicle  3,449        

                                                          85     

                                                                 
salvage dealer's license thereon, marks "FOR DESTRUCTION" across   3,451        

the face of the certificate of title or salvage certificate of     3,452        

title, and surrenders the certificate of title or salvage          3,453        

certificate of title to the clerk of the court of common pleas as  3,454        

provided in division (A) of this section.  If the salvage dealer   3,455        

retains the motor vehicle for resale, the dealer shall make        3,456        

application for a salvage certificate of title to the motor                     

vehicle in the dealer's own name as provided in division (C)(1)    3,457        

of this section.                                                   3,458        

      (C)(1)  When an insurance company declares it economically   3,460        

impractical to repair such a motor vehicle and has paid an agreed  3,461        

price for the purchase of the motor vehicle to any insured or      3,462        

claimant owner, the insurance company shall receive the            3,463        

certificate of title and the motor vehicle and, except as          3,464        

provided in division (C)(2) of this section, proceed as follows.   3,465        

Within thirty days the insurance company shall deliver the         3,466        

certificate of title to the clerk of the court of common pleas     3,467        

and shall make application for a salvage certificate of title.     3,468        

The clerk shall issue the salvage certificate of title on a form,  3,469        

prescribed by the registrar, that shall be easily distinguishable  3,471        

from the original certificate of title and shall bear the same     3,472        

number and information as the original certificate of title.  The  3,473        

salvage certificate of title shall be assigned by the insurance    3,474        

company to a salvage dealer or any other person for use as         3,475        

evidence of ownership upon the sale or other disposition of the    3,476        

motor vehicle, and the salvage certificate of title shall be       3,477        

transferrable to any other person.  The clerk shall charge a fee   3,478        

of four dollars for the cost of processing each salvage            3,479        

certificate of title.                                              3,480        

      (2)  If an insurance company considers a motor vehicle as    3,482        

described in division (C)(1) of this section to be impossible to   3,483        

restore for highway operation, the insurance company may assign    3,484        

the certificate of title to the motor vehicle to a salvage dealer  3,485        

or scrap metal processing facility and send the assigned           3,486        

                                                          86     

                                                                 
certificate of title to the clerk of the court of common pleas of  3,487        

the county in which the salvage dealer or scrap metal processing   3,488        

facility is located.  The insurance company shall mark the face    3,489        

of the certificate of title "FOR DESTRUCTION" and shall deliver a  3,490        

photocopy of the certificate of title to the salvage dealer or     3,491        

scrap metal processing facility for its records.                   3,492        

      (3)  If an insurance company declares it economically        3,494        

impractical to repair a motor vehicle, agrees to pay to the        3,495        

insured or claimant owner an amount in settlement of a claim       3,496        

against a policy of motor vehicle insurance covering the motor     3,497        

vehicle, and agrees to permit the insured or claimant owner to     3,498        

retain possession of the motor vehicle, the insurance company      3,499        

shall not pay the insured or claimant owner any amount in          3,500        

settlement of the insurance claim until the owner obtains a        3,501        

salvage certificate of title to the vehicle and furnishes a copy   3,502        

of the salvage certificate of title to the insurance company.      3,503        

      (D)  When a self-insured organization, rental or leasing     3,505        

company, or secured creditor becomes the owner of a motor vehicle  3,506        

that is burned, damaged, or dismantled and is determined to be     3,507        

economically impractical to repair, the self-insured               3,508        

organization, rental or leasing company, or secured creditor       3,509        

shall do one of the following:                                     3,510        

      (1)  Mark the face of the certificate of title to the motor  3,512        

vehicle "FOR DESTRUCTION" and surrender the certificate of title   3,513        

to the clerk of the court of common pleas for cancellation as      3,514        

described in division (A) of this section.  The self-insured       3,515        

organization, rental or leasing company, or secured creditor       3,516        

thereupon shall deliver the motor vehicle, together with a         3,517        

photocopy of the certificate of title, to a salvage dealer or      3,518        

scrap metal processing facility and shall cause the motor vehicle  3,519        

to be dismantled, flattened, crushed, or destroyed.                3,520        

      (2)  Obtain a salvage certificate of title to the motor      3,522        

vehicle in the name of the self-insured organization, rental or    3,523        

leasing company, or secured creditor, as provided in division      3,524        

                                                          87     

                                                                 
(C)(1) of this section, and then sell or otherwise dispose of the  3,525        

motor vehicle.  If the motor vehicle is sold, the self-insured     3,526        

organization, rental or leasing company, or secured creditor       3,527        

shall obtain a salvage certificate of title to the motor vehicle   3,528        

in the name of the purchaser from the clerk of the court of        3,529        

common pleas of the county in which the purchaser resides.         3,530        

      (E)  If a motor vehicle titled with a salvage certificate    3,532        

of title is restored for operation upon the highways, application  3,533        

shall be made to the clerk of the court of common pleas for a      3,534        

certificate of title.  Upon inspection by the state highway        3,535        

patrol, which shall include establishing proof of ownership and    3,536        

an inspection of the motor number and vehicle identification       3,537        

number of the motor vehicle and of documentation or receipts for   3,538        

the materials used in restoration by the owner of the motor        3,539        

vehicle being inspected, which documentation or receipts shall be  3,540        

presented at the time of inspection, the clerk, upon surrender of  3,541        

the salvage certificate of title, shall issue a certificate of     3,542        

title for a fee prescribed by the registrar.  The certificate of   3,543        

title shall be in the same form as the original certificate of     3,544        

title, shall bear the same number as the salvage certificate of    3,545        

title and the original certificate of title, and shall bear the    3,546        

words "REBUILT SALVAGE" in black boldface letters on its face.     3,547        

Every subsequent certificate of title, memorandum certificate of   3,548        

title, or duplicate certificate of title issued for the motor      3,550        

vehicle also shall bear the words "REBUILT SALVAGE" in black       3,552        

boldface letters on its face.  The exact location on the face of   3,553        

the certificate of title of the words "REBUILT SALVAGE" shall be   3,554        

determined by the registrar, who shall develop an automated        3,555        

procedure within the automated title processing system to comply   3,556        

with this division.  The clerk shall use reasonable care in        3,557        

performing the duties imposed on the clerk by this division in     3,558        

issuing a certificate of title pursuant to this division, but the  3,560        

clerk is not liable for any of the clerk's errors or omissions or  3,561        

those of the clerk's deputies, or the automated title processing   3,563        

                                                          88     

                                                                 
system in the performance of those duties.  A fee of twenty-five   3,564        

FORTY dollars IN FISCAL YEAR 1998 AND FIFTY DOLLARS IN FISCAL      3,565        

YEAR 1999 AND THEREAFTER shall be assessed by the state highway    3,566        

patrol for each inspection made pursuant to this division and      3,567        

shall be deposited into the state highway safety fund established  3,568        

by section 4501.06 of the Revised Code.                            3,569        

      (F)  No person shall operate upon the highways in this       3,571        

state a motor vehicle, title to which is evidenced by a salvage    3,572        

certificate of title, except to deliver the motor vehicle          3,573        

pursuant to an appointment for an inspection under this section.   3,574        

      (G)  No motor vehicle the certificate of title to which has  3,576        

been marked "FOR DESTRUCTION" and surrendered to the clerk of the  3,577        

court of common pleas shall be used for anything except parts and  3,578        

scrap metal.                                                       3,579        

      Sec. 4505.111.  Every motor vehicle, other than a motor      3,589        

vehicle as provided in divisions (C), (D), and (E) of section      3,590        

4505.11 of the Revised Code, that is assembled from component      3,591        

parts by a person other than the manufacturer, shall be inspected  3,592        

by the state highway patrol prior to issuance of title to the                   

motor vehicle.  The inspection shall include establishing proof    3,593        

of ownership and an inspection of the motor number and vehicle     3,594        

identification number of the motor vehicle, and any items of       3,595        

equipment the director of public safety considers advisable and    3,596        

requires to be inspected by rule.  A fee of twenty-five FORTY      3,597        

dollars IN FISCAL YEAR 1998 AND FIFTY DOLLARS IN FISCAL YEAR 1999  3,598        

AND THEREAFTER shall be assessed by the state highway patrol for   3,599        

each inspection made pursuant to this section, and shall be        3,601        

deposited in the state highway safety fund established by section  3,602        

4501.06 of the Revised Code.                                                    

      Sec. 4506.24.  (A)  Until January 1, 1997, a A restricted    3,611        

commercial driver's license and waiver for farm-related service    3,612        

industries may be issued by the registrar of motor vehicles to     3,613        

allow a person to operate a commercial motor vehicle during        3,614        

seasonal periods determined by the registrar and subject to the    3,615        

                                                          89     

                                                                 
restrictions set forth in this section.                            3,616        

      (B)  Upon receiving an application for a restricted          3,618        

commercial driver's license under section 4506.07 of the Revised   3,619        

Code and payment of a fee as provided in section 4506.08 of the    3,620        

Revised Code, the registrar may issue such license to any person   3,621        

who meets all of the following requirements:                       3,622        

      (1)  Has at least one year of driving experience in any      3,624        

type of vehicle;                                                   3,625        

      (2)  Holds a valid driver's license, other than a            3,627        

restricted license, issued under Chapter 4507. of the Revised      3,628        

Code;                                                              3,629        

      (3)  Certifies that during the one-year period immediately   3,631        

preceding his application, all of the following apply:             3,632        

      (a)  He THE PERSON has not had more than one license;        3,634        

      (b)  He THE PERSON has not had any license suspended,        3,636        

revoked, or canceled;                                              3,638        

      (c)  He THE PERSON has not had any convictions for any type  3,640        

of motor vehicle for the offenses for which disqualification is    3,642        

prescribed in section 4506.16 of the Revised Code;                 3,643        

      (d)  He THE PERSON has not had any violation of a state or   3,645        

local law relating to motor vehicle traffic control other than a   3,647        

parking violation arising in connection with any traffic accident  3,648        

and has no record of an accident in which he THE PERSON was at     3,649        

fault.                                                                          

      (4)  Certifies and also provides evidence that he THE        3,651        

PERSON is employed in one or more of the following farm-related    3,652        

service industries requiring him THE PERSON to operate a           3,653        

commercial motor vehicle:                                          3,654        

      (a)  Custom harvesters;                                      3,656        

      (b)  Farm retail outlets and suppliers;                      3,658        

      (c)  Agri-chemical business;                                 3,660        

      (d)  Livestock feeders.                                      3,662        

      (C)  An annual waiver for farm-related service industries    3,664        

may be issued to authorize the holder of a restricted commercial   3,665        

                                                          90     

                                                                 
driver's license to operate a commercial motor vehicle during      3,666        

seasonal periods designated by the registrar.  The registrar       3,667        

shall determine the format of the waiver.  The total number of     3,668        

days that a person may operate a commercial motor vehicle          3,669        

pursuant to a waiver for farm-related service industries shall     3,670        

not exceed one hundred eighty days in any twelve-month period.     3,671        

Each time the holder of a restricted commercial driver's license   3,672        

applies for a waiver for farm-related service industries, the      3,673        

registrar shall verify that the person meets all of the            3,674        

requirements set forth in division (B) of this section.  The       3,675        

restricted commercial driver's license and waiver shall be         3,676        

carried at all times when a commercial motor vehicle is being      3,677        

operated by the holder of the license and waiver.                  3,678        

      (D)  The holder of a restricted commercial driver's license  3,680        

and valid waiver for farm-related service industries may operate   3,681        

a class B or C commercial motor vehicle subject to all of the      3,682        

following restrictions:                                            3,683        

      (1)  The commercial motor vehicle is operated within a       3,685        

distance of no more than one hundred fifty miles of the            3,686        

employer's place of business or the farm currently being served;   3,687        

      (2)  The operation of the commercial motor vehicle does not  3,689        

involve transporting hazardous materials for which placarding is   3,690        

required, except as follows:                                       3,691        

      (a)  Diesel fuel in quantities of one thousand gallons or    3,693        

less;                                                              3,694        

      (b)  Liquid fertilizers in vehicles or implements of         3,696        

husbandry with total capacities of three thousand gallons or       3,697        

less;                                                              3,698        

      (c)  Solid fertilizers that are not transported with any     3,700        

organic substance.                                                 3,701        

      (E)  Except as otherwise provided in this section an         3,703        

applicant for or holder of a restricted commercial driver's        3,704        

license and waiver for farm-related service industries is subject  3,705        

to the provisions of this chapter.  Divisions (A)(4) and (B)(1)    3,706        

                                                          91     

                                                                 
of section 4506.07 and sections 4506.09 and 4506.10 of the         3,707        

Revised Code do not apply to an applicant for a restricted         3,708        

commercial driver's license and waiver.                            3,709        

      Sec. 4507.45.  IF A PERSON'S DRIVER'S LICENSE, COMMERCIAL    3,711        

DRIVER'S LICENSE, OR NONRESIDENT OPERATING PRIVILEGE IS            3,712        

SUSPENDED, DISQUALIFIED, OR REVOKED FOR AN INDEFINITE PERIOD OF    3,713        

TIME OR FOR A PERIOD OF AT LEAST NINETY DAYS, AND IF AT THE END    3,714        

OF THE PERIOD OF SUSPENSION, DISQUALIFICATION, OR REVOCATION THE   3,715        

PERSON IS ELIGIBLE TO HAVE THE LICENSE OR PRIVILEGE REINSTATED,    3,716        

THE REGISTRAR OF MOTOR VEHICLES SHALL COLLECT A REINSTATEMENT FEE  3,717        

OF THIRTY DOLLARS WHEN THE PERSON REQUESTS REINSTATEMENT.          3,719        

HOWEVER, THE REGISTRAR SHALL NOT COLLECT THE FEE PRESCRIBED BY     3,720        

THIS SECTION IF A DIFFERENT DRIVER'S LICENSE, COMMERCIAL DRIVER'S  3,721        

LICENSE, OR NONRESIDENT OPERATING PRIVILEGE REINSTATEMENT FEE IS   3,722        

PRESCRIBED BY LAW.                                                 3,723        

      Sec. 4509.06.  (A)  The driver of any motor vehicle which    3,732        

is in any manner involved in a motor vehicle accident shall        3,734        

within thirty days SIX MONTHS OF THE ACCIDENT MAY forward a        3,735        

written report of the accident to the registrar of motor vehicles  3,736        

on a form prescribed by the registrar ALLEGING THAT A DRIVER OR    3,737        

OWNER OF ANY OTHER VEHICLE INVOLVED IN THE ACCIDENT WAS UNINSURED  3,738        

AT THE TIME OF THE ACCIDENT.                                       3,739        

      (B)  UPON RECEIPT OF THE ACCIDENT REPORT, THE REGISTRAR      3,742        

SHALL SEND A NOTICE BY REGULAR MAIL TO THE DRIVER AND OWNER        3,743        

ALLEGED TO BE UNINSURED REQUIRING THE PERSON TO GIVE EVIDENCE      3,744        

THAT THE PERSON HAD PROOF OF FINANCIAL RESPONSIBILITY IN EFFECT    3,745        

AT THE TIME OF THE ACCIDENT.                                       3,746        

      (C)  WITHIN THIRTY DAYS AFTER THE MAILING OF THE NOTICE BY   3,749        

THE REGISTRAR, THE DRIVER OF THE VEHICLE ALLEGED TO BE UNINSURED   3,750        

SHALL FORWARD A REPORT TOGETHER WITH ACCEPTABLE PROOF OF           3,751        

FINANCIAL RESPONSIBILITY TO THE REGISTRAR IN A FORM PRESCRIBED BY  3,752        

THE REGISTRAR.  The forwarding of the report by the owner of the   3,753        

motor vehicle involved in the accident is deemed compliance with   3,754        

this section by the driver. This section does not change or        3,755        

                                                          92     

                                                                 
modify the duties of the driver or operator of a motor vehicle as  3,756        

set forth in section 4549.02 of the Revised Code.                               

      (D)  IN ACCORDANCE WITH SECTIONS 4509.01 TO 4509.78 OF THE   3,758        

REVISED CODE, THE REGISTRAR SHALL SUSPEND THE LICENSE OF ANY       3,759        

PERSON WHO FAILS TO GIVE ACCEPTABLE PROOF OF FINANCIAL             3,760        

RESPONSIBILITY AS REQUIRED IN THIS SECTION.                        3,761        

      Sec. 4511.10.  The department of transportation may place    3,770        

and maintain traffic control devices, conforming to its manual     3,772        

and specifications, upon all state highways as are necessary to    3,773        

indicate and to carry out sections 4511.01 to 4511.78 and 4511.99  3,774        

of the Revised Code, or to regulate, warn, or guide traffic.       3,775        

      No local authority shall place or maintain any traffic       3,777        

control device upon any highway under the jurisdiction of the      3,778        

department except by permission of the director of                 3,779        

transportation.                                                                 

      THE DIRECTOR SHALL GIVE PERMISSION FOR A COUNTY, TOWNSHIP,   3,781        

MUNICIPAL CORPORATION, OR STATE UNIVERSITY THAT OWNS AND OPERATES  3,782        

A LEVEL 1 TRAUMA CENTER, AS DESIGNATED BY THE AMERICAN COLLEGE OF  3,783        

SURGEONS, TO PLACE AND MAINTAIN ON STATE HIGHWAYS INFORMATIONAL    3,784        

SIGNS INDICATING THE LOCATION OF THE TRAUMA CENTER.  THE DIRECTOR  3,785        

SHALL APPROVE THE DESIGN AND PLACEMENT OF ANY SIGN INDICATING A    3,786        

TRAUMA CENTER, PROVIDED THE DESIGN AND PLACEMENT CONFORM TO THE    3,787        

DEPARTMENT'S MANUAL AND SPECIFICATIONS.                                         

      Sec. 4511.101.  (A)  The director of transportation, in      3,796        

accordance with 23 U.S.C.A. 109(d), 131(f), and 315, as amended,   3,797        

shall establish a program for the placement of business logos for  3,798        

identification purposes on state directional signs within the      3,800        

rights-of-way of DIVIDED, MULTI-LANE, LIMITED ACCESS highways on   3,803        

the interstate system in rural areas, except when any of the       3,805        

following conditions applies:                                                   

      (1)  Upon approval by the director, a business logo sign     3,809        

may be located in an urban area if the land contiguous to the      3,810        

highway is sparsely populated and appears to be rural in           3,811        

character;                                                                      

                                                          93     

                                                                 
      (2)  A business logo sign may be located in a rural or       3,813        

urban area, if the interchange providing access to the businesses  3,814        

indicated on the sign has been constructed and paid for primarily  3,815        

with private funds.                                                3,816        

      (B)  All direct and indirect costs of the business logo      3,818        

sign program established pursuant to this section shall be fully   3,819        

paid by the businesses applying for participation in the program.  3,820        

At any interchange where a business logo sign is erected, such     3,821        

costs shall be divided equally among the participating             3,822        

businesses.  The direct and indirect costs of the program shall    3,823        

include, but not be limited to, the cost of capital, directional   3,824        

signs, blanks, posts, logos, installation, repair, engineering,    3,825        

design, insurance, removal, replacement, and administration.       3,826        

Nothing in this chapter shall be construed to prohibit the         3,827        

director from establishing such a program.                         3,828        

      (C)  The director, in accordance with rules adopted          3,830        

pursuant to Chapter 119. of the Revised Code, may contract with    3,831        

any private person to operate, maintain, and market the business   3,832        

logo sign program.  The rules shall describe the terms of the      3,833        

contract, and shall allow for a reasonable profit to be earned by  3,834        

the successful applicant.  In awarding the contract, the director  3,835        

shall consider the skill, expertise, prior experience, and other   3,836        

qualifications of each applicant.                                  3,837        

      (D)  As used in this section, "urban area" means an area     3,839        

having a population of fifty thousand or more according to the     3,840        

most recent federal census and designated as such on urban maps    3,841        

prepared by the department.                                        3,842        

      (E)  Neither the department nor the director shall do any    3,844        

EITHER of the following:                                           3,846        

      (1)  Limit the right of any person to erect, maintain,       3,848        

repair, remove, or utilize any off-premises or on-premises         3,849        

advertising device;                                                3,850        

      (2)  Make participation in the business logo sign program    3,852        

conditional upon a business agreeing to limit, discontinue,        3,853        

                                                          94     

                                                                 
withdraw, modify, alter, or change any advertising or sign;        3,854        

      (3)  Establish any program for the placement of business     3,856        

logos on state directional signs on highways that are not part of  3,857        

the interstate highway system.                                     3,858        

      (F)  In accordance with 23 U.S.C.A. 109(d), 131(f), and      3,860        

315, as amended, and notwithstanding division (E)(3) of this       3,861        

section, the director shall establish a test program for the       3,862        

placement of business logos on state directional signs within the  3,863        

rights-of-way of state highways.  The initial location of the      3,864        

test program shall be in Stark county at the intersection of       3,865        

United States route number thirty and state highway number         3,866        

twenty-one.  Business logo signs shall be placed at that location  3,867        

not later than sixty days after June 30, 1993.  The second         3,869        

location of the test program shall be in Union county at the       3,870        

intersection of United States routes thirty-three and thirty-six.  3,871        

Business logo signs shall be placed at that location not later                  

than sixty days after the effective date of this amendment.  The   3,872        

third location of the test program shall be in Cuyahoga county at  3,873        

the intersection of United States route four hundred twenty-two    3,874        

and Harper road.  Business logo signs shall be placed at that      3,875        

location not later than sixty days after the effective date of     3,876        

this amendment.  In accordance with division (B) of this section,  3,878        

the direct and indirect costs of the test program shall be fully   3,879        

paid by businesses applying for participation in the program.      3,880        

      Sec. 4511.102.  As used in sections 4511.102 to 4511.106 of  3,889        

the Revised Code:                                                  3,890        

      (A)  "Tourist-oriented activity" includes any lawful         3,892        

cultural, historical, recreational, educational, or commercial     3,893        

activity, such as a farm market or winery, a major portion of      3,894        

whose income or visitors are derived during the normal business    3,895        

season from motorists not residing in the immediate area of the    3,896        

activity and attendance at which is no less than two thousand      3,897        

visitors in any consecutive twelve-month period.                   3,898        

      (B)  "Eligible attraction" means any tourist-oriented        3,900        

                                                          95     

                                                                 
activity that meets all of the following criteria:                 3,901        

      (1)  Is not eligible for inclusion either in the business    3,903        

logo sign program or the pilot logo sign program established       3,904        

under section 4511.101 of the Revised Code;                        3,905        

      (2)  If currently advertised by signs adjacent to a highway  3,907        

on the interstate system or state system, those signs are          3,908        

consistent with Chapter 5516. of the Revised Code and the          3,909        

"National Highway Beautification Act of 1965," 79 Stat. 1028, 23   3,910        

U.S.C. 131 and the national standards, criteria, and rules         3,911        

adopted pursuant to that act;                                      3,912        

      (3)  Is within ten miles of the highway for which signing    3,915        

is sought under sections 4511.102 to 4511.105 of the Revised       3,916        

Code;                                                              3,917        

      (4)  Meets any additional criteria developed by the          3,919        

director of transportation and adopted by the director as rules    3,920        

in accordance with Chapter 119. of the Revised Code.               3,921        

      (C)  "Interstate system" has the same meaning as in section  3,923        

5516.01 of the Revised Code.                                       3,924        

      (D)  "COMMERCIAL ACTIVITY" MEANS A FARM MARKET, WINERY, OR   3,926        

A BED AND BREAKFAST.                                               3,927        

      Sec. 4511.191.  (A)  Any person who operates a vehicle upon  3,937        

a highway or any public or private property used by the public     3,938        

for vehicular travel or parking within this state shall be deemed  3,939        

to have given consent to a chemical test or tests of the person's  3,941        

blood, breath, or urine for the purpose of determining the         3,942        

alcohol, drug, or alcohol and drug content of the person's blood,  3,943        

breath, or urine if arrested for operating a vehicle while under   3,945        

the influence of alcohol, a drug of abuse, or alcohol and a drug   3,946        

of abuse or for operating a vehicle with a prohibited              3,947        

concentration of alcohol in the blood, breath, or urine.  The      3,948        

chemical test or tests shall be administered at the request of a   3,949        

police officer having reasonable grounds to believe the person to  3,950        

have been operating a vehicle upon a highway or any public or      3,951        

private property used by the public for vehicular travel or        3,952        

                                                          96     

                                                                 
parking in this state while under the influence of alcohol, a      3,953        

drug of abuse, or alcohol and a drug of abuse or with a            3,954        

prohibited concentration of alcohol in the blood, breath, or       3,955        

urine.  The law enforcement agency by which the officer is         3,956        

employed shall designate which of the tests shall be                            

administered.                                                      3,957        

      (B)  Any person who is dead or unconscious, or who is        3,959        

otherwise in a condition rendering the person incapable of         3,960        

refusal, shall be deemed not to have withdrawn consent as          3,962        

provided by division (A) of this section and the test or tests     3,963        

may be administered, subject to sections 313.12 to 313.16 of the   3,964        

Revised Code.                                                      3,965        

      (C)(1)  Any person under arrest for operating a vehicle      3,967        

while under the influence of alcohol, a drug of abuse, or alcohol  3,968        

and a drug of abuse or for operating a vehicle with a prohibited   3,969        

concentration of alcohol in the blood, breath, or urine shall be   3,970        

advised at a police station, or at a hospital, first-aid station,  3,971        

or clinic to which the person has been taken for first-aid or      3,972        

medical treatment, of both of the following:                       3,973        

      (a)  The consequences, as specified in division (E) of this  3,975        

section, of the person's refusal to submit upon request to a       3,976        

chemical test designated by the law enforcement agency as          3,978        

provided in division (A) of this section;                          3,979        

      (b)  The consequences, as specified in division (F) of this  3,981        

section, of the person's submission to the designated chemical     3,983        

test if the person is found to have a prohibited concentration of  3,984        

alcohol in the blood, breath, or urine.                            3,985        

      (2)(a)  The advice given pursuant to division (C)(1) of      3,987        

this section shall be in a written form containing the             3,988        

information described in division (C)(2)(b) of this section and    3,989        

shall be read to the person.  The form shall contain a statement   3,990        

that the form was shown to the person under arrest and read to     3,991        

the person in the presence of the arresting officer and either     3,993        

another police officer, a civilian police employee, or an          3,994        

                                                          97     

                                                                 
employee of a hospital, first-aid station, or clinic, if any, to   3,995        

which the person has been taken for first-aid or medical           3,996        

treatment.  The witnesses shall certify to this fact by signing    3,997        

the form.                                                                       

      (b)  The form required by division (C)(2)(a) of this         3,999        

section shall read as follows:                                     4,000        

      "You now are under arrest for operating a vehicle while      4,002        

under the influence of alcohol, a drug of abuse, or both alcohol   4,003        

and a drug of abuse and will be requested by a police officer to   4,004        

submit to a chemical test to determine the concentration of        4,005        

alcohol, drugs of abuse, or alcohol and drugs of abuse in your     4,006        

blood, breath, or urine.                                           4,007        

      If you refuse to submit to the requested test or if you      4,009        

submit to the requested test and are found to have a prohibited    4,010        

concentration of alcohol in your blood, breath, or urine, your     4,011        

driver's or commercial driver's license or permit or nonresident   4,012        

operating privilege immediately will be suspended for the period   4,013        

of time specified by law by the officer, on behalf of the          4,014        

registrar of motor vehicles.  You may appeal this suspension at    4,015        

your initial appearance before the court that hears the charges    4,016        

against you resulting from the arrest, and your initial            4,017        

appearance will be conducted no later than five days after the     4,018        

arrest.  This suspension is independent of the penalties for the   4,019        

offense, and you may be subject to other penalties upon            4,020        

conviction."                                                       4,021        

      (D)(1)  If a person under arrest as described in division    4,023        

(C)(1) of this section is not asked by a police officer to submit  4,024        

to a chemical test designated as provided in division (A) of this  4,025        

section, the arresting officer shall seize the Ohio or             4,026        

out-of-state driver's or commercial driver's license or permit of  4,027        

the person and immediately forward the seized license or permit    4,028        

to the court in which the arrested person is to appear on the      4,029        

charge for which the person was arrested.  If the arrested person  4,030        

does not have the person's driver's or commercial driver's         4,031        

                                                          98     

                                                                 
license or permit on his or her person or in his or her vehicle,   4,032        

the arresting officer shall order the arrested person to           4,033        

surrender it to the law enforcement agency that employs the        4,035        

officer within twenty-four hours after the arrest, and, upon the   4,036        

surrender, the officer's employing agency immediately shall                     

forward the license or permit to the court in which the arrested   4,038        

person is to appear on the charge for which the person was         4,039        

arrested.  Upon receipt of the license or permit, the court shall  4,041        

retain it pending the initial appearance of the arrested person    4,042        

and any action taken under section 4511.196 of the Revised Code.   4,043        

      If a person under arrest as described in division (C)(1) of  4,045        

this section is asked by a police officer to submit to a chemical  4,046        

test designated as provided in division (A) of this section and    4,047        

is advised of the consequences of the person's refusal or          4,048        

submission as provided in division (C) of this section and if the  4,049        

person either refuses to submit to the designated chemical test    4,050        

or the person submits to the designated chemical test and the      4,051        

test results indicate that the person's blood contained a          4,052        

concentration of ten-hundredths of one per cent or more by weight  4,053        

of alcohol, the person's breath contained a concentration of       4,054        

ten-hundredths of one gram or more by weight of alcohol per two    4,055        

hundred ten liters of the person's breath, or the person's urine   4,056        

contained a concentration of fourteen-hundredths of one gram or    4,058        

more by weight of alcohol per one hundred milliliters of the       4,059        

person's urine at the time of the alleged offense, the arresting   4,061        

officer shall do all of the following:                                          

      (a)  On behalf of the registrar, serve a notice of           4,063        

suspension upon the person that advises the person that,           4,064        

independent of any penalties or sanctions imposed upon the person  4,066        

pursuant to any other section of the Revised Code or any other                  

municipal ordinance, the person's driver's or commercial driver's  4,068        

license or permit or nonresident operating privilege is            4,069        

suspended, that the suspension takes effect immediately, that the  4,070        

suspension will last at least until the person's initial           4,071        

                                                          99     

                                                                 
appearance on the charge that will be held within five days after  4,073        

the date of the person's arrest or the issuance of a citation to   4,075        

the person, and that the person may appeal the suspension at the   4,077        

initial appearance; seize the Ohio or out-of-state driver's or     4,078        

commercial driver's license or permit of the person; and           4,079        

immediately forward the seized license or permit to the            4,080        

registrar.  If the arrested person does not have the person's                   

driver's or commercial driver's license or permit on his or her    4,081        

person or in his or her vehicle, the arresting officer shall       4,082        

order the person to surrender it to the law enforcement agency     4,083        

that employs the officer within twenty-four hours after the        4,084        

service of the notice of suspension, and, upon the surrender, the  4,085        

officer's employing agency immediately shall forward the license   4,086        

or permit to the registrar.                                        4,087        

      (b)  Verify the current residence of the person and, if it   4,089        

differs from that on the person's driver's or commercial driver's  4,090        

license or permit, notify the registrar of the change;             4,091        

      (c)  In addition to forwarding the arrested person's         4,093        

driver's or commercial driver's license or permit to the           4,094        

registrar, send to the registrar, within forty-eight hours after   4,095        

the arrest of the person, a sworn report that includes all of the  4,096        

following statements:                                              4,097        

      (i)  That the officer had reasonable grounds to believe      4,099        

that, at the time of the arrest, the arrested person was           4,100        

operating a vehicle upon a highway or public or private property   4,101        

used by the public for vehicular travel or parking within this     4,102        

state while under the influence of alcohol, a drug of abuse, or    4,103        

alcohol and a drug of abuse or with a prohibited concentration of  4,104        

alcohol in the blood, breath, or urine;                            4,105        

      (ii)  That the person was arrested and charged with          4,107        

operating a vehicle while under the influence of alcohol, a drug   4,108        

of abuse, or alcohol and a drug of abuse or with operating a       4,109        

vehicle with a prohibited concentration of alcohol in the blood,   4,110        

breath, or urine;                                                  4,111        

                                                          100    

                                                                 
      (iii)  That the officer asked the person to take the         4,113        

designated chemical test, advised the person of the consequences   4,114        

of submitting to the chemical test or refusing to take the         4,115        

chemical test, and gave the person the form described in division  4,116        

(C)(2) of this section;                                            4,117        

      (iv)  That the person refused to submit to the chemical      4,119        

test or that the person submitted to the chemical test and the     4,120        

test results indicate that the person's blood contained a          4,121        

concentration of ten-hundredths of one per cent or more by weight  4,123        

of alcohol, the person's breath contained a concentration of       4,124        

ten-hundredths of one gram or more by weight of alcohol per two    4,125        

hundred ten liters of the person's breath, or the person's urine   4,126        

contained a concentration of fourteen-hundredths of one gram or    4,128        

more by weight of alcohol per one hundred milliliters of the       4,129        

person's urine at the time of the alleged offense;                 4,131        

      (v)  That the officer served a notice of suspension upon     4,133        

the person as described in division (D)(1)(a) of this section.     4,134        

      (2)  The sworn report of an arresting officer completed      4,136        

under division (D)(1)(c) of this section shall be given by the     4,137        

officer to the arrested person at the time of the arrest or sent   4,138        

to the person by regular first class mail by the registrar as      4,139        

soon thereafter as possible, but no later than fourteen days       4,140        

after receipt of the report.  An arresting officer may give an     4,141        

unsworn report to the arrested person at the time of the arrest    4,142        

provided the report is complete when given to the arrested person  4,143        

and subsequently is sworn to by the arresting officer.  As soon    4,144        

as possible, but no later than forty-eight hours after the arrest  4,145        

of the person, the arresting officer shall send a copy of the      4,146        

sworn report to the court in which the arrested person is to       4,147        

appear on the charge for which the person was arrested.            4,148        

      (3)  The sworn report of an arresting officer completed and  4,150        

sent to the registrar and the court under divisions (D)(1)(c) and  4,151        

(D)(2) of this section is prima-facie proof of the information     4,152        

and statements that it contains and shall be admitted and          4,153        

                                                          101    

                                                                 
considered as prima-facie proof of the information and statements  4,154        

that it contains in any appeal under division (H) of this section  4,155        

relative to any suspension of a person's driver's or commercial    4,156        

driver's license or permit or nonresident operating privilege      4,157        

that results from the arrest covered by the report.                4,158        

      (E)(1)  Upon receipt of the sworn report of an arresting     4,160        

officer completed and sent to the registrar and a court pursuant   4,161        

to divisions (D)(1)(c) and (D)(2) of this section in regard to a   4,162        

person who refused to take the designated chemical test, the       4,163        

registrar shall enter into the registrar's records the fact that   4,165        

the person's driver's or commercial driver's license or permit or  4,166        

nonresident operating privilege was suspended by the arresting     4,167        

officer under division (D)(1)(a) of this section and the period    4,168        

of the suspension, as determined under divisions (E)(1)(a) to (d)  4,169        

of this section.  The suspension shall be subject to appeal as     4,170        

provided in this section and shall be for whichever of the         4,171        

following periods applies:                                         4,172        

      (a)  If the arrested person, within five years of the date   4,174        

on which the person refused the request to consent to the          4,175        

chemical test, had not refused a previous request to consent to a  4,177        

chemical test of the person's blood, breath, or urine to           4,178        

determine its alcohol content, the period of suspension shall be   4,180        

one year.  If the person is a resident without a license or        4,181        

permit to operate a vehicle within this state, the registrar       4,182        

shall deny to the person the issuance of a driver's or commercial  4,183        

driver's license or permit for a period of one year after the      4,184        

date of the alleged violation.                                                  

      (b)  If the arrested person, within five years of the date   4,186        

on which the person refused the request to consent to the          4,187        

chemical test, had refused one previous request to consent to a    4,189        

chemical test of the person's blood, breath, or urine to           4,190        

determine its alcohol content, the period of suspension or denial  4,192        

shall be two years.                                                             

      (c)  If the arrested person, within five years of the date   4,194        

                                                          102    

                                                                 
on which the person refused the request to consent to the          4,195        

chemical test, had refused two previous requests to consent to a   4,197        

chemical test of the person's blood, breath, or urine to           4,198        

determine its alcohol content, the period of suspension or denial  4,200        

shall be three years.                                                           

      (d)  If the arrested person, within five years of the date   4,202        

on which the person refused the request to consent to the          4,203        

chemical test, had refused three or more previous requests to      4,205        

consent to a chemical test of the person's blood, breath, or       4,206        

urine to determine its alcohol content, the period of suspension   4,208        

or denial shall be five years.                                     4,209        

      (2)  The suspension or denial imposed under division (E)(1)  4,211        

of this section shall continue for the entire one-year, two-year,  4,212        

three-year, or five-year period, subject to appeal as provided in  4,213        

this section and subject to termination as provided in division    4,214        

(K) of this section.                                               4,215        

      (F)  Upon receipt of the sworn report of an arresting        4,217        

officer completed and sent to the registrar and a court pursuant   4,218        

to divisions (D)(1)(c) and (D)(2) of this section in regard to a   4,219        

person whose test results indicate that the person's blood         4,220        

contained a concentration of ten-hundredths of one per cent or     4,222        

more by weight of alcohol, the person's breath contained a         4,223        

concentration of ten-hundredths of one gram or more by weight of   4,224        

alcohol per two hundred ten liters of the person's breath, or the  4,226        

person's urine contained a concentration of fourteen-hundredths    4,227        

of one gram or more by weight of alcohol per one hundred           4,228        

milliliters of the person's urine at the time of the alleged       4,229        

offense, the registrar shall enter into the registrar's records    4,230        

the fact that the person's driver's or commercial driver's         4,232        

license or permit or nonresident operating privilege was                        

suspended by the arresting officer under division (D)(1)(a) of     4,233        

this section and the period of the suspension, as determined       4,234        

under divisions (F)(1) to (4) of this section.  The suspension     4,235        

shall be subject to appeal as provided in this section and shall   4,236        

                                                          103    

                                                                 
be for whichever of the following periods that applies:            4,237        

      (1)  Except when division (F)(2), (3), or (4) of this        4,239        

section applies and specifies a different period of suspension or  4,240        

denial, the period of the suspension or denial shall be ninety     4,241        

days.                                                                           

      (2)  If the person has been convicted, within ten years of   4,243        

the date the test was conducted, of one violation of division (A)  4,245        

or (B) of section 4511.19 of the Revised Code, a municipal         4,246        

ordinance relating to operating a vehicle while under the          4,247        

influence of alcohol, a drug of abuse, or alcohol and a drug of    4,248        

abuse, a municipal ordinance relating to operating a vehicle with  4,249        

a prohibited concentration of alcohol in the blood, breath, or     4,250        

urine, section 2903.04 of the Revised Code in a case in which the  4,251        

offender was subject to the sanctions described in division (D)    4,252        

of that section, or section 2903.06, 2903.07, or 2903.08 of the    4,253        

Revised Code or a municipal ordinance that is substantially                     

similar to section 2903.07 of the Revised Code in a case in which  4,254        

the jury or judge found that at the time of the commission of the  4,255        

offense the offender was under the influence of alcohol, a drug    4,256        

of abuse, or alcohol and a drug of abuse, or a statute of any      4,257        

other state or a municipal ordinance of a municipal corporation    4,258        

located in any other state that is substantially similar to        4,259        

division (A) or (B) of section 4511.19 of the Revised Code, the    4,260        

period of the suspension or denial shall be one year.              4,261        

      (3)  If the person has been convicted, within ten years of   4,263        

the date the test was conducted, of two violations of a statute    4,264        

or ordinance described in division (F)(2) of this section, the     4,266        

period of the suspension or denial shall be two years.                          

      (4)  If the person has been convicted, within ten years of   4,268        

the date the test was conducted, of more than two violations of a  4,269        

statute or ordinance described in division (F)(2) of this          4,270        

section, the period of the suspension or denial shall be three     4,271        

years.                                                             4,272        

      (G)(1)  A suspension of a person's driver's or commercial    4,274        

                                                          104    

                                                                 
driver's license or permit or nonresident operating privilege      4,275        

under division (D)(1)(a) of this section for the period of time    4,276        

described in division (E) or (F) of this section is effective      4,277        

immediately from the time at which the arresting officer serves    4,278        

the notice of suspension upon the arrested person.  Any            4,279        

subsequent finding that the person is not guilty of the charge     4,280        

that resulted in the person being requested to take, or in the     4,282        

person taking, the chemical test or tests under division (A) of    4,283        

this section affects the suspension only as described in division  4,284        

(H)(2) of this section.                                            4,285        

      (2)  If a person is arrested for operating a vehicle while   4,287        

under the influence of alcohol, a drug of abuse, or alcohol and a  4,288        

drug of abuse or for operating a vehicle with a prohibited         4,289        

concentration of alcohol in the blood, breath, or urine and        4,290        

regardless of whether the person's driver's or commercial          4,291        

driver's license or permit or nonresident operating privilege is   4,292        

or is not suspended under division (E) or (F) of this section,     4,293        

the person's initial appearance on the charge resulting from the   4,294        

arrest shall be held within five days of the person's arrest or    4,295        

the issuance of the citation to the person, subject to any         4,296        

continuance granted by the court pursuant to division (H)(1) of    4,298        

this section regarding the issues specified in that division.      4,299        

      (H)(1)  If a person is arrested for operating a vehicle      4,301        

while under the influence of alcohol, a drug of abuse, or alcohol  4,302        

and a drug of abuse or for operating a vehicle with a prohibited   4,303        

concentration of alcohol in the blood, breath, or urine and if     4,304        

the person's driver's or commercial driver's license or permit or  4,305        

nonresident operating privilege is suspended under division (E)    4,306        

or (F) of this section, the person may appeal the suspension at    4,307        

the person's initial appearance on the charge resulting from the   4,310        

arrest in the court in which the person will appear on that        4,311        

charge.  If the person appeals the suspension at the person's      4,312        

initial appearance, the appeal does not stay the operation of the  4,313        

suspension.  Subject to division (H)(2) of this section, no court  4,314        

                                                          105    

                                                                 
has jurisdiction to grant a stay of a suspension imposed under     4,315        

division (E) or (F) of this section, and any order issued by any   4,316        

court that purports to grant a stay of any suspension imposed      4,317        

under either of those divisions shall not be given administrative  4,318        

effect.                                                                         

      If the person appeals the suspension at the person's         4,320        

initial appearance, either the person or the registrar may         4,321        

request a continuance of the appeal.  Either the person or the     4,323        

registrar shall make the request for a continuance of the appeal   4,324        

at the same time as the making of the appeal.  If either the       4,325        

person or the registrar requests a continuance of the appeal, the  4,326        

court may grant the continuance.  The court also may continue the  4,327        

appeal on its own motion.  The granting of a continuance applies   4,328        

only to the conduct of the appeal of the suspension and does not   4,329        

extend the time within which the initial appearance must be        4,330        

conducted, and the court shall proceed with all other aspects of   4,331        

the initial appearance in accordance with its normal procedures.   4,332        

Neither the request for nor the granting of a continuance stays    4,333        

the operation of the suspension that is the subject of the         4,334        

appeal.                                                                         

      If the person appeals the suspension at the person's         4,336        

initial appearance, the scope of the appeal is limited to          4,337        

determining whether one or more of the following conditions have   4,338        

not been met:                                                      4,339        

      (a)  Whether the law enforcement officer had reasonable      4,341        

ground to believe the arrested person was operating a vehicle      4,342        

upon a highway or public or private property used by the public    4,343        

for vehicular travel or parking within this state while under the  4,344        

influence of alcohol, a drug of abuse, or alcohol and a drug of    4,345        

abuse or with a prohibited concentration of alcohol in the blood,  4,346        

breath, or urine and whether the arrested person was in fact       4,347        

placed under arrest;                                               4,348        

      (b)  Whether the law enforcement officer requested the       4,350        

arrested person to submit to the chemical test designated          4,351        

                                                          106    

                                                                 
pursuant to division (A) of this section;                          4,352        

      (c)  Whether the arresting officer informed the arrested     4,354        

person of the consequences of refusing to be tested or of          4,355        

submitting to the test;                                            4,356        

      (d)  Whichever of the following is applicable:               4,358        

      (i)  Whether the arrested person refused to submit to the    4,360        

chemical test requested by the officer;                            4,361        

      (ii)  Whether the chemical test results indicate that the    4,363        

arrested person's blood contained a concentration of               4,364        

ten-hundredths of one per cent or more by weight of alcohol, the   4,366        

person's breath contained a concentration of ten-hundredths of     4,368        

one gram or more by weight of alcohol per two hundred ten liters   4,369        

of the person's breath, or the person's urine contained a          4,370        

concentration of fourteen-hundredths of one gram or more by        4,372        

weight of alcohol per one hundred milliliters of the person's      4,373        

urine at the time of the alleged offense.                                       

      (2)  If the person appeals the suspension at the initial     4,375        

appearance, the judge or referee of the court or the mayor of the  4,376        

mayor's court shall determine whether one or more of the           4,377        

conditions specified in divisions (H)(1)(a) to (d) of this         4,378        

section have not been met.  The person who appeals the suspension  4,379        

has the burden of proving, by a preponderance of the evidence,     4,380        

that one or more of the specified conditions has not been met.     4,381        

If during the appeal at the initial appearance the judge or        4,382        

referee of the court or the mayor of the mayor's court determines  4,383        

that all of those conditions have been met, the judge, referee,    4,384        

or mayor shall uphold the suspension, shall continue the           4,385        

suspension, and shall notify the registrar of the decision on a    4,386        

form approved by the registrar.  Except as otherwise provided in   4,387        

division (H)(2) of this section, if the suspension is upheld or    4,388        

if the person does not appeal the suspension at the person's       4,389        

initial appearance under division (H)(1) of this section, the      4,390        

suspension shall continue until the complaint alleging the         4,391        

violation for which the person was arrested and in relation to     4,392        

                                                          107    

                                                                 
which the suspension was imposed is adjudicated on the merits by   4,393        

the judge or referee of the trial court or by the mayor of the     4,394        

mayor's court.  If the suspension was imposed under division (E)   4,395        

of this section and it is continued under this division, any       4,396        

subsequent finding that the person is not guilty of the charge     4,397        

that resulted in the person being requested to take the chemical   4,398        

test or tests under division (A) of this section does not          4,399        

terminate or otherwise affect the suspension.  If the suspension   4,400        

was imposed under division (F) of this section and it is           4,401        

continued under this division, the suspension shall terminate if,  4,402        

for any reason, the person subsequently is found not guilty of     4,403        

the charge that resulted in the person taking the chemical test    4,404        

or tests under division (A) of this section.                       4,405        

      If, during the appeal at the initial appearance, the judge   4,407        

or referee of the trial court or the mayor of the mayor's court    4,408        

determines that one or more of the conditions specified in         4,409        

divisions (H)(1)(a) to (d) of this section have not been met, the  4,410        

judge, referee, or mayor shall terminate the suspension, subject   4,411        

to the imposition of a new suspension under division (B) of        4,412        

section 4511.196 of the Revised Code; shall notify the registrar   4,413        

of the decision on a form approved by the registrar; and, except   4,414        

as provided in division (B) of section 4511.196 of the Revised     4,416        

Code, shall order the registrar to return the driver's or          4,417        

commercial driver's license or permit to the person or to take     4,418        

such measures as may be necessary, if the license or permit was    4,419        

destroyed under section 4507.55 of the Revised Code, to permit     4,420        

the person to obtain a replacement driver's or commercial          4,421        

driver's license or permit from the registrar or a deputy          4,422        

registrar in accordance with that section. The court also shall    4,423        

issue to the person a court order, valid for not more than ten     4,424        

days from the date of issuance, granting the person operating      4,425        

privileges for that period of time.                                             

      If the person appeals the suspension at the initial          4,427        

appearance, the registrar shall be represented by the prosecuting  4,428        

                                                          108    

                                                                 
attorney of the county in which the arrest occurred if the         4,429        

initial appearance is conducted in a juvenile court or county      4,430        

court, except that if the arrest occurred within a city or         4,431        

village within the jurisdiction of the county court in which the   4,432        

appeal is conducted, the city director of law or village           4,433        

solicitor of that city or village shall represent the registrar.   4,434        

If the appeal is conducted in a municipal court, the registrar     4,435        

shall be represented as provided in section 1901.34 of the         4,436        

Revised Code.  If the appeal is conducted in a mayor's court, the  4,437        

registrar shall be represented by the city director of law,        4,438        

village solicitor, or other chief legal officer of the municipal   4,439        

corporation that operates that mayor's court.                      4,440        

      (I)(1)  If a person's driver's or commercial driver's        4,442        

license or permit or nonresident operating privilege has been      4,443        

suspended pursuant to division (E) of this section, and the        4,444        

person, within the preceding seven years, has refused three        4,445        

previous requests to consent to a chemical test of the person's    4,447        

blood, breath, or urine to determine its alcohol content or has                 

been convicted of or pleaded guilty to three or more violations    4,449        

of division (A) or (B) of section 4511.19 of the Revised Code, a   4,450        

municipal ordinance relating to operating a vehicle while under    4,451        

the influence of alcohol, a drug of abuse, or alcohol and a drug   4,452        

of abuse, a municipal ordinance relating to operating a vehicle    4,453        

with a prohibited concentration of alcohol in the blood, breath,   4,454        

or urine, section 2903.04 of the Revised Code in a case in which   4,455        

the person was subject to the sanctions described in division (D)  4,456        

of that section, or section 2903.06, 2903.07, or 2903.08 of the    4,457        

Revised Code or a municipal ordinance that is substantially        4,458        

similar to section 2903.07 of the Revised Code in a case in which  4,459        

the jury or judge found that the person was under the influence    4,460        

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  4,461        

statute of any other state or a municipal ordinance of a           4,462        

municipal corporation located in any other state that is           4,463        

substantially similar to division (A) or (B) of section 4511.19    4,464        

                                                          109    

                                                                 
of the Revised Code, the person is not entitled to request, and    4,465        

the court shall not grant to the person, occupational driving      4,466        

privileges under this division.  Any other person whose driver's   4,467        

or commercial driver's license or nonresident operating privilege  4,468        

has been suspended pursuant to division (E) of this section may    4,469        

file a petition requesting occupational driving privileges in the  4,470        

municipal court, county court, or, if the person is a minor,       4,471        

juvenile court with jurisdiction over the place at which the       4,472        

arrest occurred. The petition may be filed at any time subsequent  4,473        

to the date on which the arresting officer serves the notice of    4,474        

suspension upon the arrested person.  The person shall pay the     4,475        

costs of the proceeding, notify the registrar of the filing of     4,476        

the petition, and send the registrar a copy of the petition.       4,477        

      In the proceedings, the registrar shall be represented by    4,479        

the prosecuting attorney of the county in which the arrest         4,480        

occurred if the petition is filed in the juvenile court or county  4,481        

court, except that, if the arrest occurred within a city or        4,482        

village within the jurisdiction of the county court in which the   4,483        

petition is filed, the city director of law or village solicitor   4,484        

of that city or village shall represent the registrar.  If the     4,485        

petition is filed in the municipal court, the registrar shall be   4,486        

represented as provided in section 1901.34 of the Revised Code.    4,487        

      The court, if it finds reasonable cause to believe that      4,489        

suspension would seriously affect the person's ability to          4,490        

continue in the person's employment, may grant the person          4,491        

occupational driving privileges during the period of suspension    4,493        

imposed pursuant to division (E) of this section, subject to the   4,494        

limitations contained in this division and division (I)(2) of      4,495        

this section.  The court may grant the occupational driving        4,496        

privileges, subject to the limitations contained in this division  4,497        

and division (I)(2) of this section, regardless of whether the     4,498        

person appeals the suspension at the person's initial appearance   4,500        

under division (H)(1) of this section or appeals the decision of   4,501        

the court made pursuant to the appeal conducted at the initial     4,502        

                                                          110    

                                                                 
appearance, and, if the person has appealed the suspension or      4,503        

decision, regardless of whether the matter at issue has been       4,504        

heard or decided by the court.  The court shall not grant          4,505        

occupational driving privileges to any person who, within seven    4,506        

years of the filing of the petition, has refused three previous    4,507        

requests to consent to a chemical test of the person's blood,      4,509        

breath, or urine to determine its alcohol content or has been      4,510        

convicted of or pleaded guilty to three or more violations of      4,511        

division (A) or (B) of section 4511.19 of the Revised Code, a      4,512        

municipal ordinance relating to operating a vehicle while under    4,513        

the influence of alcohol, a drug of abuse, or alcohol and a drug   4,514        

of abuse, a municipal ordinance relating to operating a vehicle    4,515        

with a prohibited concentration of alcohol in the blood, breath,   4,516        

or urine, section 2903.04 of the Revised Code in a case in which   4,517        

the person was subject to the sanctions described in division (D)  4,518        

of that section, or section 2903.06, 2903.07, or 2903.08 of the    4,519        

Revised Code or a municipal ordinance that is substantially        4,520        

similar to section 2903.07 of the Revised Code in a case in which  4,521        

the jury or judge found that the person was under the influence    4,522        

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  4,523        

statute of any other state or a municipal ordinance of a           4,524        

municipal corporation located in any other state that is           4,525        

substantially similar to division (A) or (B) of section 4511.19    4,526        

of the Revised Code, and shall not grant occupational driving      4,527        

privileges for employment as a driver of commercial motor          4,528        

vehicles to any person who is disqualified from operating a        4,529        

commercial motor vehicle under section 2301.374 or 4506.16 of the  4,530        

Revised Code.                                                                   

      (2)(a)  In granting occupational driving privileges under    4,532        

division (I)(1) of this section, the court may impose any          4,533        

condition it considers reasonable and necessary to limit the use   4,534        

of a vehicle by the person.  The court shall deliver to the        4,535        

person a permit card, in a form to be prescribed by the court,     4,536        

setting forth the time, place, and other conditions limiting the   4,537        

                                                          111    

                                                                 
defendant's use of a vehicle.  The grant of occupational driving   4,538        

privileges shall be conditioned upon the person's having the       4,539        

permit in the person's possession at all times during which the    4,541        

person is operating a vehicle.                                     4,542        

      A person granted occupational driving privileges who         4,544        

operates a vehicle for other than occupational purposes, in        4,545        

violation of any condition imposed by the court, or without        4,546        

having the permit in the person's possession, is guilty of a       4,547        

violation of section 4507.02 of the Revised Code.                  4,549        

      (b)  The court may not grant a person occupational driving   4,551        

privileges under division (I)(1) of this section when prohibited   4,552        

by a limitation contained in that division or during any of the    4,553        

following periods of time:                                         4,554        

      (i)  The first thirty days of suspension imposed upon a      4,556        

person who, within five years of the date on which the person      4,557        

refused the request to consent to a chemical test of the person's  4,559        

blood, breath, or urine to determine its alcohol content and for   4,561        

which refusal the suspension was imposed, had not refused a        4,562        

previous request to consent to a chemical test of the person's     4,563        

blood, breath, or urine to determine its alcohol content;          4,565        

      (ii)  The first ninety days of suspension imposed upon a     4,567        

person who, within five years of the date on which the person      4,568        

refused the request to consent to a chemical test of the person's  4,570        

blood, breath, or urine to determine its alcohol content and for   4,572        

which refusal the suspension was imposed, had refused one          4,573        

previous request to consent to a chemical test of the person's     4,574        

blood, breath, or urine to determine its alcohol content;          4,576        

      (iii)  The first year of suspension imposed upon a person    4,578        

who, within five years of the date on which the person refused     4,580        

the request to consent to a chemical test of the person's blood,   4,582        

breath, or urine to determine its alcohol content and for which    4,583        

refusal the suspension was imposed, had refused two previous       4,584        

requests to consent to a chemical test of the person's blood,      4,585        

breath, or urine to determine its alcohol content;                 4,587        

                                                          112    

                                                                 
      (iv)  The first three years of suspension imposed upon a     4,589        

person who, within five years of the date on which the person      4,590        

refused the request to consent to a chemical test of the person's  4,592        

blood, breath, or urine to determine its alcohol content and for   4,594        

which refusal the suspension was imposed, had refused three or     4,595        

more previous requests to consent to a chemical test of the        4,596        

person's blood, breath, or urine to determine its alcohol          4,598        

content.                                                                        

      (3)  The court shall give information in writing of any      4,600        

action taken under this section to the registrar.                  4,601        

      (4)  If a person's driver's or commercial driver's license   4,603        

or permit or nonresident operating privilege has been suspended    4,604        

pursuant to division (F) of this section, and the person, within   4,605        

the preceding seven years, has been convicted of or pleaded        4,606        

guilty to three or more violations of division (A) or (B) of       4,607        

section 4511.19 of the Revised Code, a municipal ordinance         4,608        

relating to operating a vehicle while under the influence of       4,609        

alcohol, a drug of abuse, or alcohol and a drug of abuse, a        4,610        

municipal ordinance relating to operating a vehicle with a         4,611        

prohibited concentration of alcohol in the blood, breath, or       4,612        

urine, section 2903.04 of the Revised Code in a case in which the  4,613        

person was subject to the sanctions described in division (D) of   4,614        

that section, or section 2903.06, 2903.07, or 2903.08 of the       4,615        

Revised Code or a municipal ordinance that is substantially        4,616        

similar to section 2903.07 of the Revised Code in a case in which  4,617        

the jury or judge found that the person was under the influence    4,618        

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  4,619        

statute of any other state or a municipal ordinance of a           4,620        

municipal corporation located in any other state that is           4,621        

substantially similar to division (A) or (B) of section 4511.19    4,622        

of the Revised Code, the person is not entitled to request, and    4,623        

the court shall not grant to the person, occupational driving      4,624        

privileges under this division.  Any other person whose driver's   4,625        

or commercial driver's license or nonresident operating privilege  4,626        

                                                          113    

                                                                 
has been suspended pursuant to division (F) of this section may    4,627        

file in the court specified in division (I)(1) of this section a   4,628        

petition requesting occupational driving privileges in accordance  4,629        

with section 4507.16 of the Revised Code.  The petition may be     4,630        

filed at any time subsequent to the date on which the arresting    4,631        

officer serves the notice of suspension upon the arrested person.  4,632        

Upon the making of the request, occupational driving privileges    4,633        

may be granted in accordance with section 4507.16 of the Revised   4,634        

Code. The court may grant the occupational driving privileges,     4,635        

subject to the limitations contained in section 4507.16 of the     4,636        

Revised Code, regardless of whether the person appeals the         4,637        

suspension at the person's initial appearance under division       4,638        

(H)(1) of this section or appeals the decision of the court made   4,640        

pursuant to the appeal conducted at the initial appearance, and,   4,641        

if the person has appealed the suspension or decision, regardless  4,642        

of whether the matter at issue has been heard or decided by the    4,643        

court.                                                                          

      (J)  When it finally has been determined under the           4,645        

procedures of this section that a nonresident's privilege to       4,646        

operate a vehicle within this state has been suspended, the        4,647        

registrar shall give information in writing of the action taken    4,648        

to the motor vehicle administrator of the state of the person's    4,649        

residence and of any state in which the person has a license.      4,650        

      (K)  A suspension of the driver's or commercial driver's     4,652        

license or permit of a resident, a suspension of the operating     4,653        

privilege of a nonresident, or a denial of a driver's or           4,654        

commercial driver's license or permit for refusal to submit to a   4,655        

chemical test to determine the alcohol, drug, or alcohol and drug  4,656        

content of the person's blood, breath, or urine pursuant to        4,657        

division (E) of this section, shall be terminated by the           4,658        

registrar upon receipt of notice of the person's entering a plea   4,659        

of guilty to, or of the person's conviction after entering a plea  4,660        

of no contest under Criminal Rule 11 to, operating a vehicle       4,661        

while under the influence of alcohol, a drug of abuse, or alcohol  4,662        

                                                          114    

                                                                 
and a drug of abuse or with a prohibited concentration of alcohol  4,663        

in the blood, breath, or urine, if the offense for which the plea  4,664        

is entered arose from the same incident that led to the            4,665        

suspension or denial.                                              4,666        

      The registrar shall credit against any judicial suspension   4,668        

of a person's driver's or commercial driver's license or permit    4,669        

or nonresident operating privilege imposed pursuant to division    4,670        

(B) or (E) of section 4507.16 of the Revised Code any time during  4,671        

which the person serves a related suspension imposed pursuant to   4,672        

division (E) or (F) of this section.                               4,673        

      (L)  At the end of a suspension period under this section,   4,675        

section 4511.196, or division (B) of section 4507.16 of the        4,676        

Revised Code and upon the request of the person whose driver's or  4,677        

commercial driver's license or permit was suspended and who is     4,678        

not otherwise subject to suspension, revocation, or                4,679        

disqualification, the registrar shall return the driver's or       4,680        

commercial driver's license or permit to the person upon the       4,681        

occurrence of all of the following:                                4,682        

      (1)  A showing by the person that the person had proof of    4,684        

financial responsibility, a policy of liability insurance in       4,686        

effect that meets the minimum standards set forth in section       4,687        

4509.51 of the Revised Code, or proof, to the satisfaction of the  4,688        

registrar, that the person is able to respond in damages in an     4,689        

amount at least equal to the minimum amounts specified in section  4,690        

4509.51 of the Revised Code.                                       4,691        

      (2)  Payment by the person of a license reinstatement fee    4,693        

of two hundred fifty EIGHTY dollars to the bureau of motor         4,694        

vehicles, which fee shall be deposited in the state treasury and   4,696        

credited as follows:                                               4,697        

      (a)  Seventy-five dollars shall be credited to the drivers'  4,699        

treatment and intervention fund, which is hereby established.      4,700        

The fund shall be used to pay the costs of driver treatment and    4,701        

intervention programs operated pursuant to sections 3793.02 and    4,702        

3793.10 of the Revised Code.  The director of alcohol and drug     4,703        

                                                          115    

                                                                 
addiction services shall determine the share of the fund that is   4,704        

to be allocated to alcohol and drug addiction programs authorized  4,705        

by section 3793.02 of the Revised Code, and the share of the fund  4,706        

that is to be allocated to drivers' intervention programs          4,707        

authorized by section 3793.10 of the Revised Code.                 4,708        

      (b)  Fifty dollars shall be credited to the reparations      4,710        

fund created by section 2743.191 of the Revised Code.              4,711        

      (c)  Twenty-five dollars shall be credited to the indigent   4,713        

drivers alcohol treatment fund, which is hereby established.       4,714        

Except as otherwise provided in division (L)(2)(c) of this         4,716        

section, moneys in the fund shall be distributed by the            4,717        

department of alcohol and drug addiction services to the county    4,718        

indigent drivers alcohol treatment funds, the county juvenile      4,719        

indigent drivers alcohol treatment funds, and the municipal        4,720        

indigent drivers treatment funds that are required to be           4,721        

established by counties and municipal corporations pursuant to     4,722        

division (N) of this section, and shall be used only to pay the    4,723        

cost of an alcohol and drug addiction treatment program attended   4,724        

by an offender or juvenile traffic offender who is ordered to      4,725        

attend an alcohol and drug addiction treatment program by a        4,726        

county, juvenile, or municipal court judge and who is determined   4,727        

by the county, juvenile, or municipal court judge not to have the  4,728        

means to pay for attendance at the program.  Moneys in the fund    4,729        

that are not distributed to a county indigent drivers alcohol      4,730        

treatment fund, a county juvenile indigent drivers alcohol         4,731        

treatment fund, or a municipal indigent drivers alcohol treatment  4,732        

fund under division (N) of this section because the director of    4,733        

alcohol and drug addiction services does not have the information  4,734        

necessary to identify the county or municipal corporation where    4,735        

the offender or juvenile offender was arrested may be transferred  4,736        

by the director of budget and management to the drivers'                        

treatment and intervention fund, created in division (L)(2)(a) of  4,737        

this section, upon certification of the amount by the director of  4,738        

alcohol and drug addiction services.                               4,739        

                                                          116    

                                                                 
      (d)  Fifty dollars shall be credited to the Ohio             4,741        

rehabilitation services commission established by section 3304.12  4,742        

of the Revised Code, to the services for rehabilitation fund,      4,743        

which is hereby established.  The fund shall be used to match      4,744        

available federal matching funds where appropriate, and for any    4,745        

other purpose or program of the commission to rehabilitate people  4,746        

with disabilities to help them become employed and independent.    4,747        

      (e)  Fifty dollars shall be deposited into the state         4,749        

treasury and credited to the drug abuse resistance education       4,750        

programs fund, which is hereby established, to be used by the      4,751        

attorney general for the purposes specified in division (L)(2)(e)  4,752        

of this section.                                                   4,753        

      (f)  THIRTY DOLLARS SHALL BE CREDITED TO THE STATE BUREAU    4,755        

OF MOTOR VEHICLES FUND CREATED BY SECTION 4501.25 OF THE REVISED   4,756        

CODE.                                                                           

      The attorney general shall use amounts in the drug abuse     4,758        

resistance education programs fund to award grants to law          4,759        

enforcement agencies to establish and implement drug abuse         4,760        

resistance education programs in public schools.  Grants awarded   4,761        

to a law enforcement agency under division (L)(2)(e) of this       4,762        

section shall be used by the agency to pay for not more than       4,763        

fifty per cent of the amount of the salaries of law enforcement    4,764        

officers who conduct drug abuse resistance education programs in   4,765        

public schools.  The attorney general shall not use more than six  4,766        

per cent of the amounts the attorney general's office receives     4,768        

under division (L)(2)(e) of this section to pay the costs it       4,769        

incurs in administering the grant program established by division  4,770        

(L)(2)(e) of this section and in providing training and materials  4,771        

relating to drug abuse resistance education programs.              4,772        

      The attorney general shall report to the governor and the    4,774        

general assembly each fiscal year on the progress made in          4,775        

establishing and implementing drug abuse resistance education      4,776        

programs.  These reports shall include an evaluation of the        4,777        

effectiveness of these programs.                                   4,778        

                                                          117    

                                                                 
      (M)  Suspension of a commercial driver's license under       4,780        

division (E) or (F) of this section shall be concurrent with any   4,781        

period of disqualification under section 2301.374 or 4506.16 of    4,782        

the Revised Code.  No person who is disqualified for life from     4,783        

holding a commercial driver's license under section 4506.16 of     4,784        

the Revised Code shall be issued a driver's license under Chapter  4,785        

4507. of the Revised Code during the period for which the          4,786        

commercial driver's license was suspended under division (E) or    4,787        

(F) of this section, and no person whose commercial driver's       4,788        

license is suspended under division (E) or (F) of this section     4,789        

shall be issued a driver's license under that chapter during the   4,790        

period of the suspension.                                          4,791        

      (N)(1)  Each county shall establish an indigent drivers      4,793        

alcohol treatment fund, each county shall establish a juvenile     4,794        

indigent drivers alcohol treatment fund, and each municipal        4,795        

corporation in which there is a municipal court shall establish    4,796        

an indigent drivers alcohol treatment fund.  All revenue that the  4,797        

general assembly appropriates to the indigent drivers alcohol      4,798        

treatment fund for transfer to a county indigent drivers alcohol   4,799        

treatment fund, a county juvenile indigent drivers alcohol         4,800        

treatment fund, or a municipal indigent drivers alcohol treatment  4,801        

fund, all portions of fees that are paid under division (L) of     4,802        

this section and that are credited under that division to the      4,803        

indigent drivers alcohol treatment fund in the state treasury for  4,804        

a county indigent drivers alcohol treatment fund, a county         4,805        

juvenile indigent drivers alcohol treatment fund, or a municipal   4,806        

indigent drivers alcohol treatment fund, and all portions of       4,807        

fines that are specified for deposit into a county or municipal    4,808        

indigent drivers alcohol treatment fund by section 4511.193 of     4,809        

the Revised Code shall be deposited into that county indigent      4,810        

drivers alcohol treatment fund, county juvenile indigent drivers   4,811        

alcohol treatment fund, or municipal indigent drivers alcohol      4,812        

treatment fund in accordance with division (N)(2) of this          4,813        

section.  Additionally, all portions of fines that are paid for a  4,814        

                                                          118    

                                                                 
violation of section 4511.19 of the Revised Code or division       4,815        

(B)(2) of section 4507.02 of the Revised Code, and that are        4,816        

required under division (A)(1) or (2) of section 4511.99 or        4,817        

division (B)(5) of section 4507.99 of the Revised Code to be       4,818        

deposited into a county indigent drivers alcohol treatment fund    4,819        

or municipal indigent drivers alcohol treatment fund shall be      4,820        

deposited into the appropriate fund in accordance with the         4,821        

applicable division.                                               4,822        

      (2)  That portion of the license reinstatement fee that is   4,824        

paid under division (L) of this section and that is credited       4,825        

under that division to the indigent drivers alcohol treatment      4,826        

fund shall be deposited into a county indigent drivers alcohol     4,827        

treatment fund, a county juvenile indigent drivers alcohol         4,828        

treatment fund, or a municipal indigent drivers alcohol treatment  4,829        

fund as follows:                                                   4,830        

      (a)  If the suspension in question was imposed under this    4,832        

section, that portion of the fee shall be deposited as follows:    4,833        

      (i)  If the fee is paid by a person who was charged in a     4,835        

county court with the violation that resulted in the suspension,   4,836        

the portion shall be deposited into the county indigent drivers    4,837        

alcohol treatment fund under the control of that court;            4,838        

      (ii)  If the fee is paid by a person who was charged in a    4,840        

juvenile court with the violation that resulted in the             4,841        

suspension, the portion shall be deposited into the county         4,842        

juvenile indigent drivers alcohol treatment fund established in    4,843        

the county served by the court;                                    4,844        

      (iii)  If the fee is paid by a person who was charged in a   4,846        

municipal court with the violation that resulted in the            4,847        

suspension, the portion shall be deposited into the municipal      4,848        

indigent drivers alcohol treatment fund under the control of that  4,849        

court.                                                             4,850        

      (b)  If the suspension in question was imposed under         4,852        

division (B) of section 4507.16 of the Revised Code, that portion  4,853        

of the fee shall be deposited as follows:                          4,854        

                                                          119    

                                                                 
      (i)  If the fee is paid by a person whose license or permit  4,856        

was suspended by a county court, the portion shall be deposited    4,857        

into the county indigent drivers alcohol treatment fund under the  4,858        

control of that court;                                             4,859        

      (ii)  If the fee is paid by a person whose license or        4,861        

permit was suspended by a municipal court, the portion shall be    4,862        

deposited into the municipal indigent drivers alcohol treatment    4,863        

fund under the control of that court.                              4,864        

      (3)  Expenditures from a county indigent drivers alcohol     4,866        

treatment fund, a county juvenile indigent drivers alcohol         4,867        

treatment fund, or a municipal indigent drivers alcohol treatment  4,868        

fund shall be made only upon the order of a county, juvenile, or   4,869        

municipal court judge and only for payment of the cost of the      4,870        

attendance at an alcohol and drug addiction treatment program of   4,871        

a person who is convicted of, or found to be a juvenile traffic    4,872        

offender by reason of, a violation of division (A) of section      4,873        

4511.19 of the Revised Code or a substantially similar municipal   4,874        

ordinance, who is ordered by the court to attend the alcohol and   4,875        

drug addiction treatment program, and who is determined by the     4,876        

court to be unable to pay the cost of attendance at the treatment  4,878        

program.  The board of alcohol, drug addiction, and mental health  4,879        

services established pursuant to section 340.02 of the Revised     4,880        

Code serving the alcohol, drug addiction, and mental health        4,881        

service district in which the court is located shall administer    4,882        

the indigent drivers alcohol treatment program of the court.       4,883        

When a court orders an offender or juvenile traffic offender to    4,884        

attend an alcohol and drug addiction treatment program, the board  4,885        

shall determine which program is suitable to meet the needs of     4,886        

the offender or juvenile traffic offender, and when a suitable     4,887        

program is located and space is available at the program, the      4,888        

offender or juvenile traffic offender shall attend the program     4,889        

designated by the board.  A reasonable amount not to exceed five   4,890        

per cent of the amounts credited to and deposited into the county  4,891        

indigent drivers alcohol treatment fund, the county juvenile       4,892        

                                                          120    

                                                                 
indigent drivers alcohol treatment fund, or the municipal          4,893        

indigent drivers alcohol treatment fund serving every court whose  4,894        

program is administered by that board shall be paid to the board   4,895        

to cover the costs it incurs in administering those indigent       4,896        

drivers alcohol treatment programs.                                             

      Sec. 4511.951.  (A)  A fee of twelve THIRTY dollars and      4,905        

fifty cents shall be charged by the registrar of motor vehicles    4,907        

for the reinstatement of any driver's license suspended pursuant   4,908        

to division (A) of Article IV of the compact enacted in section    4,909        

4511.95 of the Revised Code.                                                    

      (B)  Pursuant to division (A) of Article VI of the           4,911        

nonresident violator compact of 1977 enacted in section 4511.95    4,912        

of the Revised Code, the director of public safety shall serve as  4,913        

the compact administrator for Ohio.                                             

      Sec. 4513.242.  NOTWITHSTANDING SECTION 4513.24 AND          4,915        

DIVISION (F) OF SECTION 4513.241 OF THE REVISED CODE OR ANY RULE   4,918        

ADOPTED THEREUNDER, A DECAL, WHETHER REFLECTORIZED OR NOT, MAY BE               

DISPLAYED UPON ANY SIDE WINDOW OR SIDEWING OF A MOTOR VEHICLE IF   4,919        

ALL OF THE FOLLOWING ARE MET:                                      4,920        

      (A)  THE DECAL IS NECESSARY FOR PUBLIC OR PRIVATE SECURITY   4,923        

ARRANGEMENTS TO WHICH THE MOTOR VEHICLE PERIODICALLY IS                         

SUBJECTED;                                                         4,924        

      (B)  THE DECAL IS NO LARGER THAN IS NECESSARY TO ACCOMPLISH  4,927        

THE SECURITY ARRANGEMENTS;                                                      

      (C)  THE DECAL DOES NOT OBSCURE THE VISION OF THE MOTOR      4,930        

VEHICLE OPERATOR OR PREVENT A PERSON LOOKING INTO THE MOTOR        4,931        

VEHICLE FROM SEEING OR IDENTIFYING PERSONS OR OBJECTS INSIDE THE                

MOTOR VEHICLE.                                                     4,932        

      Sec. 4517.01.  As used in sections 4517.01 to 4517.65 of     4,941        

the Revised Code:                                                  4,942        

      (A)  "Persons" includes individuals, firms, partnerships,    4,944        

associations, joint stock companies, corporations, and any         4,945        

combinations of individuals.                                       4,946        

      (B)  "Motor vehicle" means motor vehicle as defined in       4,948        

                                                          121    

                                                                 
section 4501.01 of the Revised Code.                               4,949        

      (C)  "New motor vehicle" means a motor vehicle, the legal    4,951        

title to which has never been transferred by a manufacturer,       4,952        

remanufacturer, distributor, or dealer to an ultimate purchaser.   4,953        

      (D)  "Ultimate purchaser" means, with respect to any new     4,955        

motor vehicle, the first person, other than a dealer purchasing    4,956        

in the capacity of a dealer, who in good faith purchases such new  4,958        

motor vehicle for purposes other than resale.                      4,959        

      (E)  "Business" includes any activities engaged in by any    4,961        

person for the object of gain, benefit, or advantage either        4,962        

direct or indirect.                                                4,963        

      (F)  "Engaging in business" means commencing, conducting,    4,965        

or continuing in business, or liquidating a business when the      4,966        

liquidator thereof holds self out to be conducting such business;  4,969        

making a casual sale or otherwise making transfers in the          4,970        

ordinary course of business when the transfers are made in                      

connection with the disposition of all or substantially all of     4,971        

the transferor's assets is not engaging in business.               4,972        

      (G)  "Retail sale" or "sale at retail" means the act or      4,974        

attempted act of selling, bartering, exchanging, or otherwise      4,975        

disposing of a motor vehicle to an ultimate purchaser for use as   4,976        

a consumer.                                                        4,977        

      (H)  "Retail installment contract" includes any contract in  4,979        

the form of a note, chattel mortgage, conditional sales contract,  4,980        

lease, agreement, or other instrument payable in one or more       4,981        

installments over a period of time and arising out of the retail   4,982        

sale of a motor vehicle.                                           4,983        

      (I)  "Farm machinery" means all machines and tools used in   4,985        

the production, harvesting, and care of farm products.             4,986        

      (J)  "Dealer" or "motor vehicle dealer" means any new motor  4,988        

vehicle dealer, any motor vehicle leasing dealer, and any used     4,989        

motor vehicle dealer.                                              4,990        

      (K)  "New motor vehicle dealer" means any person engaged in  4,992        

the business of selling at retail, displaying, offering for sale,  4,993        

                                                          122    

                                                                 
or dealing in new motor vehicles pursuant to a contract or         4,994        

agreement entered into with the manufacturer, remanufacturer, or   4,995        

distributor of the motor vehicles.                                 4,996        

      (L)  "Used motor vehicle dealer" means any person engaged    4,998        

in the business of selling, displaying, offering for sale, or      4,999        

dealing in used motor vehicles, at retail or wholesale, but does   5,000        

not mean any new motor vehicle dealer selling, displaying,         5,001        

offering for sale, or dealing in used motor vehicles incidentally  5,002        

to engaging in the business of selling, displaying, offering for   5,003        

sale, or dealing in new motor vehicles, any person engaged in the  5,004        

business of dismantling, salvaging, or rebuilding motor vehicles   5,005        

by means of using used parts, or any public officer performing     5,006        

official duties.                                                   5,007        

      (M)  "Motor vehicle leasing dealer" means any person         5,009        

engaged in the business of regularly making available, offering    5,010        

to make available, or arranging for another person to use a motor  5,011        

vehicle pursuant to a bailment, lease, or other contractual        5,012        

arrangement under which a charge is made for its use at a          5,013        

periodic rate for a term of thirty days or more, and title to the  5,014        

motor vehicle is in a person other than the user, but does not     5,015        

mean a manufacturer or its affiliate leasing to its employees or   5,016        

to dealers.                                                        5,017        

      (N)  "Salesperson" means any person employed by a dealer or  5,019        

manufactured home broker to sell, display, and offer for sale, or  5,020        

deal in motor vehicles for a commission, compensation, or other    5,022        

valuable consideration, but does not mean any public officer       5,023        

performing official duties.                                                     

      (O)  "Casual sale" means any transfer of a motor vehicle by  5,025        

a person other than a new motor vehicle dealer, used motor         5,026        

vehicle dealer, motor vehicle salvage dealer, as defined in        5,027        

division (A) of section 4738.01 of the Revised Code, salesperson,  5,028        

motor vehicle auction owner, manufacturer, or distributor acting   5,029        

in the capacity of a dealer, salesperson, auction owner,           5,030        

manufacturer, or distributor, to a person who purchases the motor  5,031        

                                                          123    

                                                                 
vehicle for use as a consumer.                                     5,032        

      (P)  "Motor vehicle show" means a display of current models  5,034        

of motor vehicles whereby the primary purpose is the exhibition    5,035        

of competitive makes and models in order to provide the general    5,036        

public the opportunity to review and inspect various makes and     5,037        

models of motor vehicles at a single location.                     5,038        

      (Q)  "Motor vehicle auction owner" means any person who is   5,040        

engaged wholly or in part in the business of auctioning motor      5,041        

vehicles.                                                          5,042        

      (R)  "Manufacturer" means a person who manufactures,         5,044        

assembles, or imports motor vehicles, including motor homes, but   5,045        

does not mean a person who only assembles or installs a body,      5,046        

special equipment unit, finishing trim, or accessories on a motor  5,047        

vehicle chassis supplied by a manufacturer or distributor.         5,048        

      (S)  "Tent-type fold out camping trailer" means any vehicle  5,050        

intended to be used, when stationary, as a temporary shelter with  5,051        

living and sleeping facilities, and which is subject to the        5,052        

following properties and limitations:                              5,053        

      (1)  A minimum of twenty-five per cent of the fold out       5,055        

portion of the top and sidewalls combined must be constructed of   5,056        

canvas, vinyl, or other fabric, and form an integral part of the   5,057        

shelter.                                                           5,058        

      (2)  When folded, the unit must not exceed:                  5,060        

      (a)  Fifteen feet in length, exclusive of bumper and         5,062        

tongue;                                                            5,063        

      (b)  Sixty inches in height from the point of contact with   5,065        

the ground;                                                        5,066        

      (c)  Eight feet in width;                                    5,068        

      (d)  One ton gross weight at time of sale.                   5,070        

      (T)  "Distributor" means any person authorized by a motor    5,072        

vehicle manufacturer to distribute new motor vehicles to licensed  5,073        

new motor vehicle dealers, but does not mean a person who only     5,074        

assembles or installs a body, special equipment unit, finishing    5,075        

trim, or accessories on a motor vehicle chassis supplied by a      5,076        

                                                          124    

                                                                 
manufacturer or distributor.                                       5,077        

      (U)  "Flea market" means a market place, other than a        5,079        

dealer's location licensed under this chapter, where a space or    5,080        

location is provided for a fee or compensation to a seller to      5,081        

exhibit and offer for sale or trade, motor vehicles to the         5,082        

general public.                                                    5,083        

      (V)  "Franchise" means any written agreement, contract, or   5,085        

understanding between any motor vehicle manufacturer or            5,086        

remanufacturer engaged in commerce and any motor vehicle dealer,   5,087        

which purports to fix the legal rights and liabilities of the      5,088        

parties to such agreement, contract, or understanding.             5,089        

      (W)  "Franchisee" means a person who receives new motor      5,091        

vehicles from the franchisor under a franchise agreement and who   5,092        

offers, sells, and provides service for such new motor vehicles    5,093        

to the general public.                                             5,094        

      (X)  "Franchisor" means a new motor vehicle manufacturer,    5,096        

remanufacturer, or distributor who supplies new motor vehicles     5,097        

under a franchise agreement to a franchisee.                       5,098        

      (Y)  "Dealer organization" means a state or local trade      5,100        

association the membership of which is comprised predominantly of  5,101        

new motor vehicle dealers.                                         5,102        

      (Z)  "Factory representative" means a representative         5,104        

employed by a manufacturer, remanufacturer, or by a factory        5,105        

branch primarily for the purpose of promoting the sale of its      5,106        

motor vehicles, parts, or accessories to dealers or for            5,107        

supervising or contacting its dealers or prospective dealers.      5,108        

      (AA)  "Administrative or executive management" means those   5,110        

individuals who are not subject to federal wage and hour laws.     5,111        

      (BB)  "Good faith" means honesty in the conduct or           5,113        

transaction concerned and the observance of reasonable commercial  5,114        

standards of fair dealing in the trade as is defined in division   5,115        

(S) of section 1301.01 of the Revised Code, including, but not     5,116        

limited to, the duty to act in a fair and equitable manner so as   5,117        

to guarantee freedom from coercion, intimidation, or threats of    5,118        

                                                          125    

                                                                 
coercion or intimidation; provided however, that recommendation,   5,119        

endorsement, exposition, persuasion, urging, or argument shall     5,120        

not be considered to constitute a lack of good faith.              5,121        

      (CC)  "Coerce" means to compel or attempt to compel by       5,123        

failing to act in good faith or by threat of economic harm,        5,124        

breach of contract, or other adverse consequences.  Coerce does    5,125        

not mean to argue, urge, recommend, or persuade.                   5,126        

      (DD)  "Relevant market area" means any area within a radius  5,128        

of ten miles from the site of a potential new dealership, except   5,129        

that for manufactured home or recreational vehicle dealerships     5,130        

the radius shall be twenty-five miles.                             5,131        

      (EE)  "Wholesale" or "at wholesale" means the act or         5,133        

attempted act of selling, bartering, exchanging, or otherwise      5,134        

disposing of a motor vehicle to a transferee for the purpose of    5,135        

resale and not for ultimate consumption by that transferee.        5,136        

      (FF)  "Motor vehicle wholesaler" means any person licensed   5,138        

as a dealer under the laws of another state and engaged in the     5,140        

business of selling, displaying, or offering for sale used motor   5,141        

vehicles, at wholesale, but does not mean any motor vehicle                     

dealer as defined in this section.                                 5,142        

      (GG)  "Remanufacturer" means a person who assembles or       5,144        

installs passenger seating, walls, a roof elevation, or a body     5,145        

extension on a conversion van with the motor vehicle chassis       5,146        

supplied by a manufacturer or distributor, or a person who         5,148        

modifies a truck chassis supplied by a manufacturer or             5,149        

distributor for use as a public safety or public service vehicle   5,150        

but does not mean either of the following:                                      

      (1)  A person who assembles or installs passenger seating,   5,152        

walls, a roof elevation, or a body extension on a manufactured     5,153        

home as defined in division (O) and referred to in division (B)    5,154        

of section 4501.01 of the Revised Code or a recreational vehicle   5,155        

as defined in division (Q) and referred to in division (B) of      5,156        

section 4501.01 of the Revised Code;                               5,157        

      (2)  A person who assembles or installs special equipment    5,159        

                                                          126    

                                                                 
or accessories for handicapped persons, as defined in section      5,160        

4503.44 of the Revised Code, upon a motor vehicle chassis          5,161        

supplied by a manufacturer or distributor.                         5,162        

      For purposes of division (GG) of this section, "public       5,164        

safety vehicle or public service vehicle" means a fire truck,      5,165        

ambulance, school bus, street sweeper, SEWER MAINTENANCE VEHICLE,  5,166        

garbage packing truck, or cement mixer, BUS, MOBILE CLASSROOM      5,167        

VEHICLE, MOBILE LABORATORY VEHICLE, BOOKMOBILE, OR OTHER SIMILAR   5,168        

MOBILE SELF-CONTAINED FACILITY VEHICLE.                            5,169        

      (HH)  "Operating as a new motor vehicle dealership" means    5,171        

engaging in activities such as displaying, offering for sale, and  5,172        

selling new motor vehicles at retail, operating a service          5,173        

facility to perform repairs and maintenance on motor vehicles,     5,174        

offering for sale and selling motor vehicle parts at retail, and   5,175        

conducting all other acts that are usual and customary to the      5,176        

operation of a new motor vehicle dealership.  For purposes of      5,177        

this chapter only, possession of either a valid new motor vehicle  5,178        

dealer franchise agreement or a new motor vehicle dealers          5,179        

license, or both of these items, is not evidence that a person is  5,180        

operating as a new motor vehicle dealership.                       5,181        

      (II)  "Manufactured home broker" means any person acting as  5,183        

a selling agent on behalf of an owner of a manufactured home that  5,184        

is subject to taxation under section 4503.06 of the Revised Code.  5,185        

      Sec. 4517.02.  (A)  Except as otherwise provided in this     5,194        

section, no person shall do any of the following:                  5,195        

      (1)  Engage in the business of displaying or selling at      5,197        

retail new motor vehicles or assume to engage in such business,    5,198        

unless the person is licensed as a new motor vehicle dealer under  5,199        

sections 4517.01 to 4517.45 of the Revised Code, or is a           5,200        

salesperson licensed under those sections and employed by a        5,201        

licensed new motor vehicle dealer;                                 5,202        

      (2)  Engage in the business of offering for sale,            5,204        

displaying for sale, or selling at retail or wholesale used motor  5,205        

vehicles or assume to engage in that business, unless the person   5,206        

                                                          127    

                                                                 
is licensed as a dealer under sections 4517.01 to 4517.45 of the   5,208        

Revised Code, or is a salesperson licensed under those sections    5,209        

and employed by a licensed used motor vehicle dealer or licensed   5,210        

new motor vehicle dealer;                                          5,211        

      (3)  Engage in the business of regularly making available,   5,213        

offering to make available, or arranging for another person to     5,214        

use a motor vehicle, in the manner described in division (M) of    5,215        

section 4517.01 of the Revised Code, unless the person is          5,216        

licensed as a motor vehicle leasing dealer under sections 4517.01  5,218        

to 4517.45 of the Revised Code;                                    5,219        

      (4)  Engage in the business of motor vehicle auctioning or   5,221        

assume to engage in such business, unless the person is licensed   5,222        

as a motor vehicle auction owner under sections 4517.01 to         5,224        

4517.45 and 4707.01 to 4707.99 of the Revised Code;                5,225        

      (5)  Engage in the business of distributing motor vehicles   5,227        

or assume to engage in such business, unless the person is         5,228        

licensed as a distributor under sections 4517.01 to 4517.45 of     5,230        

the Revised Code;                                                  5,231        

      (6)  Make more than five casual sales of motor vehicles in   5,233        

a twelve-month period, commencing with the day of the month in     5,234        

which the first such sale is made, nor provide a location or       5,235        

space for the sale of motor vehicles at a flea market, without     5,236        

obtaining a license as a dealer under sections 4517.01 to 4517.45  5,237        

of the Revised Code; provided however that nothing in this         5,238        

section shall be construed to prohibit the disposition without a   5,239        

license of a motor vehicle originally acquired and held for        5,240        

purposes other than sale, rental, or lease to an employee,         5,241        

retiree, officer, or director of the person making the             5,242        

disposition, to a corporation affiliated with the person making    5,243        

the disposition, or to a person licensed under sections 4517.01    5,244        

to 4517.45 of the Revised Code;                                    5,245        

      (7)  Engage in the business of brokering manufactured homes  5,247        

unless that person is licensed as a manufactured home broker       5,248        

under sections 4517.01 to 4517.45 of the Revised Code.             5,249        

                                                          128    

                                                                 
      (B)  Nothing in this section shall be construed to require   5,251        

an auctioneer licensed under sections 4707.01 to 4707.19 of the    5,252        

Revised Code, to obtain a motor vehicle salesperson's license      5,253        

under sections 4517.01 to 4517.45 of the Revised Code when         5,254        

conducting an auction sale for a licensed motor vehicle dealer on  5,255        

the dealer's premises, or when conducting an auction sale for a    5,256        

licensed motor vehicle auction owner; nor shall such an            5,257        

auctioneer be required to obtain a motor vehicle auction owner's   5,258        

license under sections 4517.01 to 4517.45 of the Revised Code      5,259        

when engaged in auctioning for a licensed motor vehicle auction    5,260        

owner.                                                                          

      (C)  Sections 4517.01 to 4517.45 of the Revised Code do not  5,262        

apply to any of the following:                                     5,263        

      (1)  Persons engaging in the business of selling commercial  5,265        

tractors, trailers, or semitrailers incidentally to engaging       5,266        

primarily in business other than the selling or leasing of motor   5,267        

vehicles;                                                          5,268        

      (2)  Mortgagees selling at retail only those motor vehicles  5,270        

that have come into their possession by a default in the terms of  5,271        

a mortgage contract;                                               5,272        

      (3)  The leasing, rental, and interchange of motor vehicles  5,274        

used directly in the rendition of a public utility service by      5,275        

regulated motor carriers.                                          5,276        

      (D)  When a partnership licensed under sections 4517.01 to   5,278        

4517.45 of the Revised Code is dissolved by death, the surviving   5,279        

partners may operate under the license for a period of sixty       5,280        

days, and the heirs or representatives of deceased persons and     5,281        

receivers or trustees in bankruptcy appointed by any competent     5,282        

authority may operate under the license of the person succeeded    5,283        

in possession by such heir, representative, receiver, or trustee   5,284        

in bankruptcy.                                                     5,285        

      (E)  No (1)  EXCEPT AS PROVIDED IN DIVISION (E)(2) OF THIS   5,288        

SECTION, NO remanufacturer shall engage in the business of         5,289        

selling at retail any new motor vehicle without having written                  

                                                          129    

                                                                 
authority from the manufacturer or distributor of the vehicle to   5,290        

sell new motor vehicles and to perform repairs under the terms of  5,291        

the manufacturer's or distributor's new motor vehicle warranty,    5,292        

unless, at the time of the sale of the vehicle, each customer is   5,293        

furnished with a binding agreement ensuring that the customer has  5,294        

the right to have the vehicle serviced or repaired by a new motor               

vehicle dealer who is franchised to sell and service vehicles of   5,295        

the same line-make as the chassis of the remanufactured vehicle    5,296        

purchased by the customer and whose service or repair facility is  5,297        

located within either twenty miles of the remanufacturer's         5,298        

location and place of business or twenty miles of the customer's   5,300        

residence or place of business.  If there is no such new motor                  

vehicle dealer located within twenty miles of the                  5,301        

remanufacturer's location and place of business or the customer's  5,303        

residence or place of business, the binding agreement furnished    5,305        

to the customer may be with the new motor vehicle dealer who is    5,306        

franchised to sell and service vehicles of the same line-make as                

the chassis of the remanufactured vehicle purchased by the         5,307        

customer and whose service or repair facility is located nearest   5,308        

to the remanufacturer's location and place of business or the      5,309        

customer's residence or place of business.  Additionally, at the   5,310        

time of sale of any vehicle, each customer of the remanufacturer   5,311        

shall be furnished with a warranty issued by the remanufacturer    5,312        

for a term of at least one year.                                                

      (2)  A REMANUFACTURER WHO REMANUFACTURES AMBULANCES, FIRE    5,314        

TRUCKS, SCHOOL BUSES, BUSES, MOBILE CLASSROOM VEHICLES, MOBILE     5,315        

LABORATORY VEHICLES, BOOKMOBILES, OR OTHER SIMILAR MOBILE          5,316        

SELF-CONTAINED FACILITY VEHICLES, SHALL NOT BE REQUIRED TO         5,317        

FURNISH EACH CUSTOMER WITH SUCH A BINDING AGREEMENT IF THE                      

MANUFACTURER OF THE CHASSIS REGULARLY REQUIRES THE MANUFACTURER'S  5,318        

FRANCHISEES THROUGH A FRANCHISE AGREEMENT TO PROVIDE SERVICE AND   5,319        

REPAIR FOR THE CHASSIS.                                            5,320        

      Sec. 4517.12.  (A)  The registrar of motor vehicles shall    5,329        

deny the application of any person for a license as a motor        5,330        

                                                          130    

                                                                 
vehicle dealer, motor vehicle leasing dealer, manufactured home    5,331        

broker, or motor vehicle auction owner and refuse to issue the     5,333        

license if the registrar finds that the applicant:                 5,334        

      (1)  Has made any false statement of a material fact in the  5,336        

application;                                                                    

      (2)  Has not complied with sections 4517.01 to 4517.45 of    5,338        

the Revised Code;                                                  5,339        

      (3)  Is of bad business repute or has habitually defaulted   5,341        

on financial obligations;                                          5,342        

      (4)  Is engaged or will engage in the business of selling    5,344        

at retail any new motor vehicles without having written authority  5,345        

from the manufacturer or distributor thereof to sell new motor     5,346        

vehicles and to perform repairs under the terms of the             5,347        

manufacturer's or distributor's new motor vehicle warranty,        5,348        

except as provided in division (C) of this section and except      5,349        

that a person who assembles or installs special equipment or       5,350        

accessories for handicapped persons, as defined in section         5,351        

4503.44 of the Revised Code, upon a motor vehicle chassis          5,352        

supplied by a manufacturer or distributor shall not be denied a    5,353        

license pursuant to division (A)(4) of this section;               5,354        

      (5)  Has been guilty of a fraudulent act in connection with  5,356        

selling or otherwise dealing in, or leasing, motor vehicles, or    5,357        

in connection with brokering manufactured homes;                   5,358        

      (6)  Has entered into or is about to enter into a contract   5,360        

or agreement with a manufacturer or distributor of motor vehicles  5,361        

that is contrary to sections 4517.01 to 4517.45 of the Revised     5,362        

Code;                                                              5,363        

      (7)  Is insolvent;                                           5,365        

      (8)  Is of insufficient responsibility to ensure the prompt  5,367        

payment of any final judgments that might reasonably be entered    5,368        

against the applicant because of the transaction of business as a  5,370        

motor vehicle dealer, motor vehicle leasing dealer, manufactured   5,371        

home broker, or motor vehicle auction owner during the period of   5,373        

the license applied for, or has failed to satisfy any such         5,374        

                                                          131    

                                                                 
judgment;                                                                       

      (9)  Has no established place of business that, where        5,376        

applicable, is used or will be used for the purpose of selling,    5,377        

displaying, offering for sale, dealing in, or leasing motor        5,378        

vehicles at the location for which application is made;            5,379        

      (10)  Has, less than twelve months prior to making           5,381        

application, been denied a motor vehicle dealer's, motor vehicle   5,382        

leasing dealer's, manufactured home broker's, or motor vehicle     5,383        

auction owner's license, or has any such license revoked.          5,385        

      (B)  If the applicant is a corporation or partnership, the   5,387        

registrar may refuse to issue a license if any officer, director,  5,388        

or partner of the applicant has been guilty of any act or          5,389        

omission that would be cause for refusing or revoking a license    5,390        

issued to such officer, director, or partner as an individual.     5,391        

The registrar's finding may be based upon facts contained in the   5,392        

application or upon any other information the registrar may have.  5,393        

Immediately upon denying an application for any of the reasons in  5,394        

this section, the registrar shall enter a final order together     5,395        

with the registrar's findings and certify the same to the motor    5,397        

vehicle dealers' and salespersons' licensing board.                5,398        

      (C)  Notwithstanding division (A)(4) of this section, the    5,400        

registrar shall not deny the application of any person and refuse  5,401        

to issue a license if the registrar finds that the applicant is    5,403        

engaged or will engage in the business of selling at retail any    5,404        

new motor vehicles and demonstrates all of the following in the    5,405        

form prescribed by the registrar:                                               

      (1)  That the applicant has posted a bond, surety, or        5,407        

certificate of deposit with the registrar in an amount not less    5,408        

than one hundred thousand dollars for the protection and benefit   5,409        

of the applicant's customers except that a new motor vehicle       5,410        

dealer who is not exclusively engaged in the business of selling   5,411        

remanufactured vehicles shall not be required to post the bond,    5,412        

surety, or certificate of deposit otherwise required by division   5,413        

(C)(1) of this section;                                            5,414        

                                                          132    

                                                                 
      (2)  That, EXCEPT AS PROVIDED IN DIVISION (D) OF THIS        5,416        

SECTION, at the time of the sale of the vehicle, each customer of  5,418        

the applicant will be furnished with a binding agreement ensuring  5,419        

that the customer has the right to have the vehicle serviced or    5,420        

repaired by a new motor vehicle dealer who is licensed to sell     5,421        

and service vehicles of the same line-make as the chassis of the   5,422        

remanufactured vehicle purchased by the customer and whose         5,423        

service or repair facility is located within either twenty miles   5,424        

of the applicant's location and place of business or twenty miles  5,426        

of the customer's residence or place of business.  If there is no  5,427        

such new motor vehicle dealer located within twenty miles of the                

applicant's location and place of business or the customer's       5,428        

residence or place of business, the binding agreement furnished    5,430        

to the customer may be with the new motor vehicle dealer who is    5,431        

franchised to sell and service vehicles of the same line-make as   5,432        

the chassis of the remanufactured vehicle purchased by the                      

customer and whose service or repair facility is located nearest   5,433        

to the remanufacturer's location and place of business or the      5,434        

customer's residence or place of business.                         5,435        

      (3)  That, at the time of the sale of the vehicle, each      5,437        

customer of the applicant will be furnished with a warranty        5,438        

issued by the remanufacturer for a term of at least one year;      5,439        

      (4)  That the applicant provides and maintains at the        5,441        

applicant's location and place of business a permanent facility    5,443        

with all of the following:                                         5,444        

      (a)  A showroom with space, under roof, for the display of   5,446        

at least one new motor vehicle;                                    5,447        

      (b)  A service and parts facility for remanufactured         5,449        

vehicles;                                                          5,450        

      (c)  Full-time service and parts personnel with the proper   5,452        

training and technical expertise to service the remanufactured     5,453        

vehicles sold by the applicant.                                    5,454        

      (D)  AN APPLICANT FOR A NEW MOTOR VEHICLE DEALER'S LICENSE   5,456        

FOR THE PURPOSE OF SELLING AMBULANCES, FIRE TRUCKS, SCHOOL BUSES,  5,457        

                                                          133    

                                                                 
BUSES, MOBILE CLASSROOM VEHICLES, MOBILE LABORATORY VEHICLES,      5,458        

BOOKMOBILES, OR OTHER SIMILAR MOBILE SELF-CONTAINED FACILITY       5,459        

VEHICLES, SHALL NOT BE REQUIRED TO FURNISH EACH CUSTOMER WITH A    5,460        

BINDING AGREEMENT FOR SERVICE OR REPAIR BY A LICENSED NEW MOTOR    5,461        

VEHICLE DEALER IF THE MANUFACTURER OF THE CHASSIS REGULARLY        5,462        

REQUIRES THE MANUFACTURER'S FRANCHISEES THROUGH A FRANCHISE                     

AGREEMENT TO PROVIDE SERVICE AND REPAIR FOR THE CHASSIS.           5,463        

      Sec. 4981.09.  (A)  There is hereby created in the state     5,472        

treasury the rail development fund.  The fund shall consist of     5,473        

such moneys as may be provided by law, including moneys received   5,474        

from the sale, transfer, or lease of any rail property pursuant    5,475        

to section 4981.08 of the Revised Code, and amounts transferred    5,476        

pursuant to division (B) of this section.  Moneys in the fund      5,479        

shall be used for the purpose of acquiring, rehabilitating, or     5,480        

developing rail property or service, or for participation in the   5,481        

acquisition of rail property with the federal government,          5,482        

municipal corporations, townships, counties, or other              5,483        

governmental agencies.  For the purpose of acquiring such rail     5,484        

property, the Ohio rail development commission may obtain          5,485        

acquisition loans from the federal government or from any other    5,486        

source.                                                                         

      The fund shall also be used to promote, plan, design,        5,488        

construct, operate, and maintain passenger and freight rail        5,489        

transportation systems, and may be used to pay the administrative  5,491        

costs of the Ohio rail development commission associated with      5,492        

conducting any authorized rail program, and for any purpose                     

authorized by sections 4981.03 and 5501.56 of the Revised Code.    5,493        

The fund shall not be used to provide loan guarantees.             5,494        

      (B)  Twice each year:,  by the last day of January MARCH     5,497        

for the immediately preceding June through December; and by the    5,498        

last day of June AUGUST for the immediately preceding January      5,500        

through May, the tax commissioner shall certify to the director    5,501        

of budget and management the identified amounts paid into the      5,502        

general revenue fund pursuant to Chapter 5733. of the Revised      5,503        

                                                          134    

                                                                 
Code during those months by taxpayers engaged in the business of   5,505        

owning or operating a railroad either wholly or partially within                

this state on rights of way acquired and held exclusively by such  5,506        

taxpayer.  The certifications shall not include amounts refunded   5,508        

to such taxpayers.  Upon receipt of each certification, the        5,509        

director of budget and management shall transfer seventy-five per  5,510        

cent of the amount certified from the general revenue fund to the  5,511        

rail development fund.                                                          

      Sec. 4981.34.  (A)  On behalf of a franchisee and pursuant   5,520        

to section 4981.15 of the Revised Code, the Ohio rail development  5,521        

commission may issue bonds for loans to finance development and    5,522        

construction of a franchisee's portion of a rail system.           5,523        

Notwithstanding section 4981.151 of the Revised Code, any ANY      5,524        

bonds issued pursuant to this section do not, and shall state      5,526        

that they do not, represent or constitute a debt or pledge of the  5,527        

faith and credit of the state, nor do such bonds grant to the      5,528        

bondholders or noteholders any right to have the general assembly  5,529        

levy any taxes or appropriate any funds for the payment of the     5,530        

principal or interest thereon.  Such bonds shall be payable        5,531        

solely from the loan repayments the commission receives from the   5,532        

franchisee to which the loan was made.  The loan repayments shall  5,533        

be made from revenues that the franchisee receives from the        5,534        

operation of its portion of the rail system and that shall be      5,535        

pledged to repay the commission, or from such other credit         5,536        

sources as the franchisee may arrange.                             5,537        

      (B)  The portion of the rail system awarded to a             5,539        

franchisee, any elements thereof, or the land upon which a         5,540        

franchise is situated may be owned by the franchisee or owned by   5,541        

the commission and leased to the franchisee for the term of the    5,542        

franchise.                                                         5,543        

      (C)  The rail system may be financed partially by the        5,545        

commission and partially by franchisees.  With respect to that     5,546        

portion of the rail system financed by the commission, the         5,547        

commission may utilize all of the bonding and financial authority  5,548        

                                                          135    

                                                                 
contained in sections 4981.01 to 4981.26 of the Revised Code and   5,549        

also may seek to obtain state funding or federal financing on      5,550        

behalf of the rail system.  Commission financing, credit support,  5,551        

and financial assistance may not be commingled with private        5,552        

financing obtained by the franchisee, and any moneys of the        5,553        

commission to be expended by the commission to finance a portion   5,554        

of a rail system shall be kept in accounts that are separate and   5,555        

apart from and not a part of the accounts in which are kept any    5,556        

moneys to be expended by a franchisee to finance its portion of a  5,557        

rail system.                                                       5,558        

      (D)  The franchisee may arrange financing and refinancing    5,560        

of the system through any combination of debt, equity, and public  5,561        

sources available to it that it determines in its sole             5,562        

discretion.  A franchisee shall not be precluded from utilizing    5,563        

any type of public or private assistance available to it in        5,564        

connection with the development of its franchise.  A franchisee    5,565        

shall furnish the commission all relevant and necessary            5,566        

information with respect to financing terms to enable the          5,567        

commission to exercise its oversight responsibilities with         5,568        

respect to the franchisee's reasonable return on its investment.   5,569        

      (E)  When requested by a franchisee, the commission shall    5,571        

seek from the office of budget and management an allotment of      5,572        

proceeds from the issuance of private activity bonds.  The         5,573        

commission shall distribute those proceeds to franchisees in such  5,574        

proportions and amounts as it determines in its discretion.        5,575        

      (F)(1)  The commission may levy and collect special          5,577        

assessments upon all parcels of real property, other than real     5,578        

property owned by a railroad corporation, in the immediate         5,579        

vicinity of any rail system station or terminal of the commission  5,580        

or a franchisee, including, without limitation, parcels that       5,581        

abut, are adjacent or contiguous to, or otherwise increase in      5,582        

value due to the existence of, the station or terminal.  An        5,583        

assessment levied under this division shall be for the purpose of  5,584        

enabling the commission to collect a portion of the increase in    5,585        

                                                          136    

                                                                 
the true value in money of any such parcel of property subsequent  5,586        

to the commencement of operation of a rail system station or       5,587        

terminal.  All assessments shall be applied, directly or           5,588        

indirectly, to the development and financing of the portion of     5,589        

the rail system of which the station or terminal is a part.        5,590        

      (2)  Upon written request of the commission, the county      5,592        

auditor of a county in which a rail system station or terminal     5,593        

commences operation shall assess each parcel of real property      5,594        

that is located in the immediate vicinity of the station or        5,595        

terminal and that the commission has reasonable cause to believe   5,596        

has increased in true value in money because of the existence of   5,597        

the station or terminal.  The county auditor shall utilize         5,598        

appropriate assessment techniques specified in rules adopted by    5,599        

the tax commissioner pursuant to Chapter 5713. of the Revised      5,600        

Code to determine the increase in true value, if any, of the real  5,601        

property.  Any increase shall be measured by comparing the true    5,602        

value of the real property in the year in which the commission     5,603        

adopted the resolution designating the location of the station or  5,604        

terminal, as reflected on the tax list for that year, with the     5,605        

highest true value of the real property as of the month in which   5,606        

rail system operations commenced at the station or terminal.  The  5,607        

county auditor shall then determine what percentage of the true    5,608        

value increase, if any, is directly attributable to the existence  5,609        

of and commencement of operations at the station or terminal. The  5,611        

county auditor shall convert the percentage increase to an amount  5,612        

certain, and certify the results of the assessments to the                      

commission.  Within thirty days after receipt of the certified     5,613        

results, the commission shall reimburse the county auditor for     5,614        

the actual cost to the auditor of making the assessments.          5,615        

      (3)  In no case shall any special assessment levied by the   5,617        

commission upon a parcel of real property exceed twenty per cent   5,618        

of the increase in the true value of the property that the county  5,619        

auditor certifies to the commission as being directly              5,620        

attributable to the existence of and commencement of operations    5,621        

                                                          137    

                                                                 
at the station or terminal.  A special assessment shall            5,622        

constitute a lien against the property and shall be added to the   5,623        

tax list and duplicate for collection.  Payments on the special    5,624        

assessment shall be made semiannually at the same time as real     5,625        

property taxes are required to be paid, but upon written request   5,626        

of the owner of the real property assessed, the county auditor     5,627        

may permit the owner to pay the assessment in equal installments   5,628        

over a period of not longer than ten years.                        5,629        

      (4)  An owner of real property upon which a special          5,631        

assessment is levied under this section may file a petition in     5,632        

the court of common pleas of the county in which the real          5,633        

property is located challenging any aspect of the assessment,      5,634        

including the fact of the special assessment itself or the         5,635        

amount.  The filing of such a petition shall stay the collection   5,636        

of any part of the special assessment, and collection shall not    5,637        

commence until a decision on the merits is rendered by the court.  5,638        

      (G)  Nothing in this section shall be construed as limiting  5,640        

the power of the commission to issue bonds pursuant to section     5,641        

4981.15 of the Revised Code for the purposes stated in that        5,642        

section.                                                           5,643        

      Sec. 5112.17.  (A)  As used in this section:                 5,652        

      (1)  "Federal poverty guideline" means the official poverty  5,654        

guideline as revised annually by the United States secretary of    5,655        

health and human services in accordance with section 673 of the    5,656        

"Community Services Block Grant Act," 95 Stat. 511 (1981), 42      5,657        

U.S.C.A. 9902, as amended, for a family size equal to the size of  5,658        

the family of the person whose income is being determined.         5,659        

      (2)  "Third-party payer" means any private or public entity  5,661        

or program that may be liable by law or contract to make payment   5,662        

to or on behalf of an individual for health care services.         5,663        

"Third-party payer" does not include a hospital.                   5,664        

      (B)  Each hospital that receives payments under sections     5,666        

5112.01 to 5112.21 of the Revised Code shall provide, without      5,667        

charge to the individual, basic, medically necessary               5,668        

                                                          138    

                                                                 
hospital-level services to individuals who are residents of this   5,669        

state, are not recipients of the medical assistance program, and   5,670        

whose income is at or below the federal poverty guideline.         5,671        

Recipients of disability assistance under Chapter 5115. of the     5,672        

Revised Code qualify for services under this section.  The         5,673        

department of human services shall adopt rules under section       5,674        

5112.03 of the Revised Code specifying the hospital services to    5,675        

be provided under this section.                                    5,676        

      (C)  Hospitals may bill any third-party payer for services   5,678        

rendered under this section.  Hospitals may bill the medical       5,679        

assistance program, in accordance with Chapter 5111. of the        5,680        

Revised Code and the rules adopted under that chapter, for         5,681        

services rendered under this section if the individual becomes a   5,682        

recipient of the program.  Hospitals may bill individuals for      5,683        

services under this section if all of the following apply:         5,684        

      (1)  The hospital has an established post-billing procedure  5,686        

for determining the individual's income and canceling the charges  5,687        

if the individual is found to qualify for services under this      5,688        

section.                                                           5,689        

      (2)  The initial bill, and at least the first follow-up      5,691        

bill, is accompanied by a written statement that does all of the   5,692        

following:                                                         5,693        

      (a)  Explains that individuals with income at or below the   5,695        

federal poverty guideline are eligible for services without        5,696        

charge;                                                            5,697        

      (b)  Specifies the federal poverty guideline for             5,699        

individuals and families of various sizes at the time the bill is  5,700        

sent;                                                              5,701        

      (c)  Describes the procedure required by division (C)(1) of  5,703        

this section.                                                      5,704        

      (3)  The hospital complies with any additional rules the     5,706        

department adopts under section 5112.03 of the Revised Code.       5,707        

      Notwithstanding division (B) of this section, a hospital     5,709        

providing care to an individual under this section is subrogated   5,710        

                                                          139    

                                                                 
to the rights of any individual to receive compensation or         5,711        

benefits from any person or governmental entity for the hospital   5,712        

goods and services rendered.                                       5,713        

      (D)  Each hospital shall collect and report to the           5,715        

department, in the form and manner prescribed by the department,   5,716        

information on the number and identity of patients served          5,717        

pursuant to this section.                                          5,718        

      (E)  This section applies beginning May 22, 1992,            5,720        

regardless of whether the department has adopted rules specifying  5,721        

the services to be provided.  Nothing in this section alters the   5,722        

scope or limits the obligation of any governmental entity or       5,723        

program, including the program awarding reparations to victims of  5,724        

crime under sections 2743.51 to 2743.72 of the Revised Code, AND   5,725        

the program for medically handicapped children established under   5,727        

section 3701.023 of the Revised Code, and the hospital motor       5,728        

vehicle claims program established under sections 3701.61 to       5,729        

3701.69 of the Revised Code, to pay for hospital services in       5,730        

accordance with state or local law.                                5,731        

      Sec. 5501.01.  As used in Chapters 5501., 5503., 5511.,      5,740        

5513., 5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527.,     5,741        

5528., 5529., 5531., 5533., and 5535. of the Revised Code:         5,742        

      (A)  "Transportation facilities" means all publicly owned    5,744        

modes and means of transporting people and goods, including the    5,745        

physical facilities, GARAGES, DISTRICT OFFICES, AND OTHER RELATED  5,747        

BUILDINGS therefor, and including, but not limited to, highways,   5,748        

RIGHTS-OF-WAY, roads and bridges, parking facilities, aviation     5,749        

facilities, port facilities, rail facilities, and public           5,750        

transportation facilities, REST AREAS, AND ROADSIDE PARKS.         5,751        

      (B)  "Public transportation" means publicly owned or         5,753        

operated transportation by bus, rail, or other conveyance, which   5,754        

provides to the public transit or paratransit service on a         5,755        

regular and continuing basis within the state, and may include     5,756        

demand-responsive transportation, subscription bus service,        5,757        

shared-ride taxi service, car pools, van pools, or jitney          5,758        

                                                          140    

                                                                 
service.  "Public transportation" does not include school bus      5,759        

transportation or charter or sightseeing services.                 5,760        

      (C)  "Road" or "highway" includes bridges, viaducts, grade   5,762        

separations, appurtenances, and approaches on or to such road or   5,763        

highway.                                                           5,764        

      (D)  "Right-of-way" has the same meaning as in division      5,766        

(UU)(2) of section 4511.01 of the Revised Code.                    5,767        

      (E)  "TELECOMMUNICATIONS SERVICE PROVIDER" MEANS AN ENTITY   5,770        

THAT, FOR A FEE, PROVIDES TELECOMMUNICATIONS SERVICES, INCLUDING,  5,771        

BUT NOT LIMITED TO, VOICE, DATA, INTERACTIVE OR TWO-WAY                         

TELECOMMUNICATIONS SERVICES, WITHOUT REGARD TO THE WAY SUCH        5,772        

SERVICES ARE DELIVERED.                                            5,773        

      (F)  "TELECOMMUNICATIONS FACILITY" MEANS A FACILITY FOR THE  5,775        

PROVISION OF TELECOMMUNICATIONS SERVICES.  THE FACILITY MAY        5,776        

INCLUDE, BUT IS NOT LIMITED TO, A TOWER, MONOPOLE, ANTENNA OR      5,777        

OTHER ANCILLARY EQUIPMENT, OR BUILDINGS USED TO DELIVER            5,778        

TELECOMMUNICATIONS SERVICES.                                                    

      Sec. 5501.311.  (A)  Notwithstanding sections 123.01 and     5,787        

127.16 of the Revised Code the director of transportation may      5,788        

lease or lease-purchase all or any part of a transportation        5,789        

facility to or from one or more persons, one or more governmental  5,791        

agencies, a transportation improvement district, or any            5,792        

combination thereof, and, in conjunction therewith, may grant      5,793        

leases, easements, or licenses for lands under the control of the  5,794        

department of transportation.  The director shall MAY adopt such   5,795        

rules as are necessary to give effect to this section.             5,797        

      (B)  Plans and specifications for the construction of a      5,799        

transportation facility under a lease or lease-purchase agreement  5,800        

are subject to approval of the director and must meet or exceed    5,802        

all applicable standards of the department.                        5,803        

      (C)  Any lease or lease-purchase agreement under which the   5,805        

department is the lessee shall be for a period not exceeding the   5,806        

then current two-year period for which appropriations have been    5,807        

made by the general assembly to the department, and such           5,808        

                                                          141    

                                                                 
agreement may contain such other terms as the department and the   5,809        

other parties thereto agree, notwithstanding any other provision   5,810        

of law, including provisions that rental payments in amounts       5,811        

sufficient to pay bond service charges payable during the current  5,812        

two-year lease term shall be an absolute and unconditional         5,813        

obligation of the department independent of all other duties       5,814        

under the agreement without set-off or deduction or any other      5,815        

similar rights or defenses.  Any such agreement may provide for    5,816        

renewal of the agreement at the end of each term for another       5,817        

term, not exceeding two years, provided that no renewal shall be   5,818        

effective until the effective date of an appropriation enacted by  5,819        

the general assembly from which the department may lawfully pay    5,820        

rentals under such agreement.  Any such agreement may include,     5,822        

without limitation, any agreement by the department with respect   5,823        

to any costs of transportation facilities to be included prior to  5,824        

acquisition and construction of such transportation facilities.    5,825        

Any such agreement shall not constitute a debt or pledge of the    5,826        

faith and credit of the state, or of any political subdivision of  5,827        

the state, and the lessor shall have no right to have taxes or     5,828        

excises levied by the general assembly, or the taxing authority    5,829        

of any political subdivision of the state, for the payment of      5,830        

rentals thereunder.  Any such agreement shall contain a statement  5,831        

to that effect.                                                                 

      (D)  A municipal corporation, township, or county may use    5,833        

service payments in lieu of taxes credited to special funds or     5,834        

accounts pursuant to sections 5709.43, 5709.75, and 5709.80 of     5,835        

the Revised Code to provide its contribution to the cost of a      5,836        

transportation facility, provided such facility was among the                   

purposes for which such service payments were authorized.  The     5,837        

contribution may be in the form of a lump sum or periodic          5,838        

payments.                                                                       

      (E)  PURSUANT TO 47 U.S.C. 332, "THE TELECOMMUNICATIONS ACT  5,842        

OF 1966," THE DIRECTOR MAY GRANT A LEASE, EASEMENT, OR LICENSE IN  5,843        

A TRANSPORTATION FACILITY TO A TELECOMMUNICATIONS SERVICE          5,844        

                                                          142    

                                                                 
PROVIDER FOR CONSTRUCTION, PLACEMENT, OR OPERATION OF A            5,845        

TELECOMMUNICATIONS FACILITY.  AN INTEREST GRANTED UNDER THIS       5,846        

SECTION IS SUBJECT TO ALL OF THE FOLLOWING CONDITIONS:             5,847        

      (1)  THE TRANSPORTATION FACILITY IS OWNED IN FEE SIMPLE OR   5,850        

EASEMENT BY THIS STATE AT THE TIME THE LEASE, EASEMENT, OR         5,851        

LICENSE IS GRANTED TO THE TELECOMMUNICATIONS PROVIDER.             5,852        

      (2)  THE LEASE, EASEMENT, OR LICENSE SHALL BE GRANTED ON A   5,854        

COMPETITIVE BASIS IN ACCORDANCE WITH POLICIES AND PROCEDURES TO    5,855        

BE DETERMINED BY THE DIRECTOR.  THE POLICIES AND PROCEDURES MAY    5,856        

INCLUDE PROVISIONS FOR MASTER LEASES FOR MULTIPLE SITES.           5,858        

      (3)  THE TELECOMMUNICATIONS FACILITY SHALL BE DESIGNED TO    5,860        

ACCOMMODATE THE STATE'S MULTI-AGENCY RADIO COMMUNICATION SYSTEM,   5,861        

THE INTELLIGENT TRANSPORTATION SYSTEM, AND THE DEPARTMENT'S        5,863        

COMMUNICATION SYSTEM AS THE DIRECTOR MAY DETERMINE IS NECESSARY    5,865        

FOR HIGHWAY OR OTHER DEPARTMENTAL PURPOSES.                                     

      (4)  THE TELECOMMUNICATIONS FACILITY SHALL BE DESIGNED TO    5,867        

ACCOMMODATE SUCH ADDITIONAL TELECOMMUNICATIONS EQUIPMENT AS MAY    5,868        

FEASIBLY BE CO-LOCATED THEREON AS DETERMINED IN THE DISCRETION OF  5,869        

THE DIRECTOR.                                                                   

      (5)  THE TELECOMMUNICATIONS SERVICE PROVIDERS AWARDED THE    5,871        

LEASE, EASEMENT, OR LICENSE, AGREE TO PERMIT OTHER                 5,872        

TELECOMMUNICATIONS SERVICE PROVIDERS TO CO-LOCATE ON THE           5,873        

TELECOMMUNICATIONS FACILITY, AND AGREE TO THE TERMS AND            5,874        

CONDITIONS OF THE CO-LOCATION AS DETERMINED IN THE DISCRETION OF                

THE DIRECTOR.                                                      5,875        

      (6)  THE DIRECTOR SHALL REQUIRE INDEMNITY AGREEMENTS IN      5,878        

FAVOR OF THE DEPARTMENT AS A CONDITION OF ANY LEASE, EASEMENT, OR  5,879        

LICENSE GRANTED UNDER THIS DIVISION.  EACH INDEMNITY AGREEMENT     5,880        

SHALL SECURE THIS STATE AND ITS AGENTS FROM LIABILITY FOR DAMAGES  5,881        

ARISING OUT OF SAFETY HAZARDS, ZONING, AND ANY OTHER MATTER OF     5,882        

PUBLIC INTEREST THE DIRECTOR CONSIDERS NECESSARY.                               

      (7)  THE TELECOMMUNICATIONS SERVICE PROVIDER FULLY COMPLIES  5,885        

WITH ANY PERMIT ISSUED UNDER SECTION 5515.01 OF THE REVISED CODE   5,887        

PERTAINING TO LAND THAT IS THE SUBJECT OF THE LEASE, EASEMENT, OR  5,888        

                                                          143    

                                                                 
LICENSE.                                                                        

      (8)  ALL PLANS AND SPECIFICATIONS SHALL MEET WITH THE        5,891        

DIRECTOR'S APPROVAL.                                                            

      (9)  ANY OTHER CONDITIONS THE DIRECTOR DETERMINES            5,894        

NECESSARY.                                                                      

      (F) MONEY RECEIVED BY THE DEPARTMENT UNDER DIVISION (E) OF   5,897        

THIS SECTION SHALL BE DEPOSITED TO THE CREDIT OF THE HIGHWAY       5,898        

OPERATING FUND.                                                                 

      (G)  A LEASE, EASEMENT, OR LICENSE GRANTED UNDER DIVISION    5,901        

(E) OF THIS SECTION, AND ANY TELECOMMUNICATIONS FACILITY RELATING  5,902        

TO SUCH INTEREST IN A TRANSPORTATION FACILITY IS HEREBY DEEMED TO  5,903        

FURTHER THE ESSENTIAL HIGHWAY PURPOSE OF BUILDING AND MAINTAINING  5,904        

A SAFE, EFFICIENT, AND ACCESSIBLE TRANSPORTATION SYSTEM.           5,905        

      Sec. 5501.32.  The director of transportation may purchase   5,914        

property in fee simple in the name of the state by warranty deed,  5,915        

and all or any part of a tract of land when the acquisition of a   5,916        

part of the land needed for highway purposes will result in        5,917        

substantial damages to the residue by severance, controlled        5,918        

access, or isolation.  The warranty deed shall contain a           5,919        

description of the property suitable for platting on tax maps.     5,920        

      The director, in the name of the state, may sell all the     5,922        

right, title, and interest of the state in any part of land not    5,923        

required for highway purposes, provided the director shall have    5,924        

the parcel of land appraised by a department prequalified          5,925        

appraiser.                                                         5,926        

      Except as otherwise provided in this section, the director   5,928        

shall advertise such THE sale OF LAND NOT REQUIRED FOR HIGHWAY     5,930        

PURPOSES in a newspaper of general circulation in the county in    5,931        

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  5,933        

be sold at public auction to the highest bidder for not less than  5,934        

two-thirds of its appraised value, BUT THE DIRECTOR MAY REJECT     5,935        

ALL BIDS THAT ARE LESS THAN THE FULL APPRAISED VALUE OF THE LAND.  5,937        

      If, however, such land NOT REQUIRED FOR HIGHWAY PURPOSES is  5,939        

                                                          144    

                                                                 
appraised as having a current fair market value of five thousand   5,941        

dollars or less, the director may sell the land to the sole        5,942        

abutting owner through a private sale at a price not less than     5,943        

its appraised value.  If there is more than one abutting owner,    5,944        

the director may invite all of the abutting owners to submit       5,945        

sealed bids and may sell the land to the highest bidder at not     5,946        

less than its appraised value.                                                  

      All expense incurred in the sale of each parcel of land      5,948        

shall be paid out of the proceeds of the sale and the balance      5,949        

shall be deposited in the highway fund from which the purchase     5,950        

was made.                                                          5,951        

      The deed to such THE purchaser OF LAND UNDER THIS SECTION    5,953        

shall be prepared by the auditor of state, executed by the         5,954        

governor and, countersigned by the secretary of state, and SHALL   5,956        

bear the great seal of the state.                                               

      Sec. 5501.34.  In the event that circumstances alter the     5,965        

highway requirements after the director of transportation has      5,966        

purchased and acquired property from the administrator of          5,967        

workers' compensation or retirement board, or otherwise, so that   5,968        

the property, or part thereof, is no longer required for highway   5,969        

purposes, the director may sell, in the name of the state, MAY     5,970        

SELL all the right, title, and interest of the state in any of     5,971        

the real property.  As soon as reasonably practical after          5,972        

determining that any of the real property is no longer required    5,973        

for highway purposes, the director shall have the parcel of land   5,974        

appraised by a department prequalified appraiser.                  5,975        

      Except as otherwise provided in this section, the director   5,977        

shall advertise the sale in a newspaper of general circulation in  5,978        

the county in which the land is situated for at least two          5,979        

consecutive weeks prior to the date set for the sale.  Such THE    5,980        

land shall MAY be sold at public auction to the highest bidder     5,981        

for not less than two-thirds of its appraised value, provided      5,982        

that BUT THE DIRECTOR MAY REJECT ALL BIDS THAT ARE LESS THAN THE   5,983        

FULL APPRAISED VALUE OF THE LAND.  HOWEVER, if no sale has been    5,984        

                                                          145    

                                                                 
effected after an effort to sell under this paragraph, the         5,986        

director may set aside the appraisement, order a new               5,987        

appraisement, and, except as otherwise provided in this section,   5,988        

readvertise the property for sale.                                              

      If, however, such land NOT REQUIRED FOR HIGHWAY PURPOSES is  5,990        

appraised or reappraised as having a current fair market value of  5,992        

five thousand dollars or less, the director may sell the land to   5,993        

the sole abutting owner through a private sale at a price not      5,994        

less than the appraised value.  If there is more than one          5,995        

abutting owner, the director may invite all of the abutting        5,996        

owners to submit sealed bids and may sell the land to the highest  5,997        

bidder at not less than its appraised value.                       5,998        

      If such land is reappraised as having a fair market value    6,000        

of one thousand dollars or less, and no sale has been effected     6,001        

after an effort to sell to the abutting owner or owners, the       6,002        

director may readvertise and sell the land at public auction to    6,003        

the highest bidder.                                                6,004        

      Conveyances of the lands shall be by deed executed by the    6,006        

governor, bear the great seal of the state of Ohio, and shall be   6,007        

in the form as prescribed by the attorney general.  Section        6,008        

5301.13 of the Revised Code, relating to the sale of public        6,009        

lands, shall not apply to conveyances made pursuant to this        6,010        

section.  The director shall keep a record of all such             6,011        

conveyances.                                                       6,012        

      Sec. 5501.37.  In the event that circumstances alter the     6,021        

highway requirements after the director of transportation has      6,022        

purchased and acquired property from the commissioners of the      6,023        

sinking fund, or otherwise, so that such THE property, or part     6,024        

thereof, is no longer required for highway or recreation           6,025        

purposes, the director may sell, in the name of the state, MAY     6,027        

SELL all the right, title, and interest of the state in any such   6,028        

THE real property.  The director may convey property that is no    6,029        

longer needed for highway purposes and rights-of-way and           6,030        

easements in such property to the director of natural resources    6,031        

                                                          146    

                                                                 
or any political subdivisions for the use and protection of any    6,032        

public recreational trail.  As soon as reasonably practical after  6,033        

determining that any such real property is no longer required for  6,034        

highway or recreation purposes the director shall have the parcel  6,035        

of land appraised by a department prequalified appraiser.          6,036        

      Except as otherwise provided in this section, the director   6,038        

shall advertise such THE sale in a newspaper of general            6,039        

circulation in the county in which the land is situated for at     6,041        

least two consecutive weeks prior to the date set for such THE     6,042        

sale.  Such THE land shall MAY be sold at public auction to the    6,044        

highest bidder for not less than two-thirds of its appraised                    

value, provided that BUT THE DIRECTOR MAY REJECT ALL BIDS THAT     6,045        

ARE LESS THAN THE FULL APPRAISED VALUE OF THE LAND.  HOWEVER, if   6,046        

no sale has been effected after an effort to sell under this       6,047        

paragraph, the director may set aside the appraisement, order a    6,048        

new appraisement, and, except as otherwise provided in this        6,049        

section, readvertise the property for sale.                        6,050        

      If, however, such land NOT REQUIRED FOR HIGHWAY OR           6,052        

RECREATION PURPOSES is appraised or reappraised as having a        6,054        

current fair market value of five thousand dollars or less, the    6,055        

director may sell the land to the sole abutting owner through a    6,056        

private sale at a price not less than the appraised value.  If     6,057        

there is more than one abutting owner, the director may invite     6,058        

all of the abutting owners to submit sealed bids and may sell the  6,059        

land to the highest bidder at not less than its appraised value.   6,060        

      If such land is reappraised as having a fair market value    6,062        

of one thousand dollars or less, and if no sale has been effected  6,063        

after an effort to sell to the abutting owner or owners, the       6,064        

director may readvertise and sell the land at public auction to    6,065        

the highest bidder.                                                6,066        

      Conveyances of such land shall be by deed executed by the    6,068        

governor, bear the great seal of the state of Ohio, and shall be   6,069        

in the form as prescribed by the attorney general.  The            6,070        

provisions of section 5301.13 of the Revised Code, relating to     6,071        

                                                          147    

                                                                 
the sale of public lands, do not apply to conveyances made         6,072        

pursuant to this section.  The director shall keep a record of     6,073        

all such conveyances.                                              6,074        

      Sec. 5502.01.  (A)  The department of public safety shall    6,083        

administer and enforce the laws relating to the registration,      6,086        

licensing, sale and operation of motor vehicles and the laws       6,087        

pertaining to the licensing of drivers of motor vehicles.          6,088        

      The department shall compile, analyze, and publish           6,090        

statistics relative to motor vehicle accidents and the causes      6,092        

thereof, prepare and conduct educational programs for the purpose  6,093        

of promoting safety in the operation of motor vehicles on the      6,095        

highways, assist the state board of education in the formulation                

of minimum standards for driver education courses of instruction,  6,096        

encourage driver instruction in the high schools of the state,     6,098        

and conduct research and studies for the purpose of promoting      6,099        

safety on the highways of this state.                                           

      (B)  The department shall administer the laws and rules      6,101        

applicable to the division of state emergency medical services.    6,102        

      (C)  The department shall administer and enforce the laws    6,104        

contained in Chapters 4301. and 4303. of the Revised Code and      6,106        

enforce the rules and orders of the liquor control commission      6,109        

pertaining to retail liquor permit holders.                                     

      (D)  The department shall administer the laws governing the  6,111        

state emergency management agency and shall enforce all            6,112        

additional duties and responsibilities as prescribed in the        6,113        

Revised Code related to emergency management services.             6,114        

      (E)  The department shall conduct investigations pursuant    6,116        

to Chapter 5101. of the Revised Code in support of the duty of     6,118        

the department of human services to administer food stamp          6,119        

programs throughout this state.  The department of public safety   6,120        

shall conduct investigations necessary to protect the state's      6,121        

property rights and interests in the food stamp program.                        

      (F)  The department of public safety shall enforce           6,123        

compliance with orders and rules of the public utilities           6,124        

                                                          148    

                                                                 
commission and applicable laws in accordance with Chapters 4919.,  6,125        

4921., and 4923. of the Revised Code regarding commercial motor    6,126        

vehicle transportation safety, economic, and hazardous materials   6,127        

requirements.                                                                   

      (G)  Notwithstanding Chapter 4117. of the Revised Code, the  6,129        

department of public safety may establish requirements for its     6,130        

enforcement personnel that include standards of conduct, work      6,131        

rules and procedures, and criteria for eligibility as law          6,132        

enforcement personnel.                                                          

      (H)  THE DEPARTMENT SHALL ADMINISTER, MAINTAIN, AND OPERATE  6,135        

THE OHIO CRIMINAL JUSTICE NETWORK.  THE OHIO CRIMINAL JUSTICE      6,137        

NETWORK SHALL BE A COMPUTER NETWORK THAT SUPPORTS STATE AND LOCAL  6,138        

CRIMINAL JUSTICE ACTIVITIES.  THE NETWORK SHALL BE AN ELECTRONIC   6,139        

REPOSITORY FOR VARIOUS DATA, WHICH MAY INCLUDE ARREST WARRANTS,    6,140        

NOTICES OF PERSONS WANTED BY LAW ENFORCEMENT AGENCIES, CRIMINAL    6,141        

RECORDS, PRISON INMATE RECORDS, STOLEN VEHICLE RECORDS, VEHICLE    6,142        

OPERATOR'S LICENSES, AND VEHICLE REGISTRATIONS AND TITLES.         6,144        

      Sec. 5502.12.  The accident reports submitted pursuant to    6,154        

section 5502.11 of the Revised Code shall be for the use of the    6,155        

director of public safety for purposes of statistical, safety,     6,156        

and other studies.  The director of public safety shall search     6,157        

and furnish a copy of such report to any person claiming an        6,158        

interest arising out of a motor vehicle accident, or to his THE    6,159        

PERSON'S attorney, upon the payment of a nonrefundable fee of two  6,160        

THREE dollars.  With respect to accidents investigated by the      6,161        

state highway patrol, the director of public safety shall furnish  6,162        

to such person all related reports and statements upon the         6,163        

payment of a nonrefundable fee of three FOUR dollars.  The cost    6,164        

of photographs shall be in addition to the nonrefundable           6,166        

three-dollar FOUR-DOLLAR fee.                                      6,167        

      Such state highway patrol reports, statements, and           6,169        

photographs may, in the discretion of the director of public       6,170        

safety, MAY be withheld until all criminal prosecution has been    6,171        

concluded; and the director of public safety may require proof,    6,172        

                                                          149    

                                                                 
satisfactory to him THE DIRECTOR, of the right of any applicant    6,173        

to be furnished such documents.                                    6,175        

      Sec. 5502.22.  (A)  There is hereby established within the   6,185        

department of public safety an emergency management agency which   6,186        

shall be governed under rules adopted by the director of public    6,188        

safety under section 5502.25 of the Revised Code.  The director,   6,190        

with the concurrence of the governor, shall appoint a deputy       6,191        

director, who shall be head of the emergency management agency.    6,193        

The deputy director may appoint a chief executive assistant,       6,196        

executive assistants, and administrative and technical personnel   6,197        

within that agency as may be necessary to plan, organize, and      6,198        

maintain emergency management adequate to the needs of the state.  6,199        

The deputy director shall coordinate all activities of all         6,201        

agencies for emergency management within the state, shall          6,202        

maintain liaison with similar agencies of other states and of the  6,203        

federal government, shall cooperate with those agencies subject    6,204        

to the approval of the governor, and shall develop a statewide     6,205        

emergency operations plan that shall meet any applicable federal   6,206        

requirements for such plans.  The deputy director shall have such  6,207        

additional authority, duties, and responsibilities as are          6,209        

prescribed by the governor and the director or provided by law in  6,211        

all matters relating to emergency management that may be           6,212        

reflected in other sections of the Revised Code.  The deputy       6,213        

director shall advise the governor and director on matters         6,214        

pertaining to emergency management on a regular basis.             6,215        

      Whenever the disaster services agency or director is         6,217        

referred to or designated in any statute, rule, contract, or       6,218        

other document, the reference or designation shall be deemed to    6,219        

refer to the emergency management agency or deputy director, as    6,221        

the case may be.                                                   6,222        

      (B)  FOR THE PURPOSES OF EMERGENCY MANAGEMENT, THE DEPUTY    6,224        

DIRECTOR, WITH THE APPROVAL OF THE DIRECTOR, MAY PARTICIPATE IN    6,225        

FEDERAL PROGRAMS, ACCEPT GRANTS FROM, AND ENTER INTO COOPERATIVE   6,226        

AGREEMENTS OR CONTRACTUAL ARRANGEMENTS WITH ANY FEDERAL, STATE,    6,227        

                                                          150    

                                                                 
OR LOCAL DEPARTMENT, AGENCY, OR SUBDIVISION THEREOF, OR ANY OTHER  6,228        

PERSON OR BODY POLITIC.  WHENEVER THE DUTIES OF THE EMERGENCY      6,229        

MANAGEMENT AGENCY OVERLAP WITH RIGHTS OR DUTIES OF OTHER FEDERAL,  6,230        

STATE, OR LOCAL DEPARTMENTS, AGENCIES, SUBDIVISIONS, OR                         

OFFICIALS, OR PRIVATE AGENCIES, THE DEPUTY DIRECTOR SHALL          6,231        

COOPERATE WITH, AND NOT INFRINGE UPON THE RIGHTS AND DUTIES OF,    6,232        

THE OTHER PUBLIC OR PRIVATE ENTITIES.                              6,233        

      FUNDS MADE AVAILABLE BY THE UNITED STATES FOR THE USE OF     6,235        

THE EMERGENCY MANAGEMENT AGENCY SHALL BE EXPENDED BY THAT AGENCY   6,236        

ONLY FOR THE PURPOSES FOR WHICH THE FUNDS WERE APPROPRIATED.  IN   6,237        

ACCEPTING FEDERAL FUNDS, THE EMERGENCY MANAGEMENT AGENCY SHALL     6,239        

ABIDE BY THE TERMS AND CONDITIONS OF THE GRANT, COOPERATIVE        6,240        

AGREEMENT, OR CONTRACTUAL ARRANGEMENT AND SHALL EXPEND THE FUNDS   6,241        

IN ACCORDANCE WITH THE LAWS AND REGULATIONS OF THE UNITED STATES.  6,242        

      Sec. 5512.01.  THE DIRECTOR OF TRANSPORTATION SHALL DEVELOP  6,244        

THE STRATEGIC INITIATIVES OF THE DEPARTMENT OF TRANSPORTATION.     6,245        

NOT MORE THAN SIX MONTHS AFTER THE EFFECTIVE DATE OF THIS          6,246        

SECTION, THE DIRECTOR SHALL SUBMIT THE STRATEGIC INITIATIVES OF    6,247        

THE DEPARTMENT TO THE TRANSPORTATION REVIEW ADVISORY COUNCIL.      6,248        

      Sec. 5512.02.  (A)  THE DIRECTOR OF TRANSPORTATION SHALL     6,251        

DEVELOP A WRITTEN PROJECT SELECTION PROCESS FOR THE                6,252        

PRIORITIZATION OF NEW TRANSPORTATION CAPACITY PROJECTS.  THE                    

DIRECTOR SHALL INCLUDE THE FOLLOWING IN THE PROCESS:               6,255        

      (1)  A DESCRIPTION OF HOW STRATEGIC INITIATIVES SUBMITTED    6,257        

BY THE DIRECTOR ARE ADVANCED BY THE PROCESS;                       6,258        

      (2)  A DEFINITION OF THE KINDS OF PROJECTS TO WHICH THE      6,260        

PROCESS APPLIES;                                                   6,261        

      (3)  CRITERIA THAT ARE USED TO RANK PROPOSED PROJECTS BY     6,263        

HOW EFFECTIVELY A PROJECT CONTRIBUTES TO THE ADVANCEMENT OF THE    6,264        

STRATEGIC INITIATIVES;                                                          

      (4)  DATA THAT IS NECESSARY TO APPLY THE RANKING CRITERIA;   6,266        

      (5)  ANY OTHER PROVISIONS THE DIRECTOR CONSIDERS             6,268        

APPROPRIATE.                                                       6,269        

      (B)  IN DEVELOPING THE PROJECT SELECTION PROCESS, THE        6,272        

                                                          151    

                                                                 
DIRECTOR SHALL SEEK AND CONSIDER PUBLIC COMMENT ON THE PROCESS.                 

IN DOING SO, THE DIRECTOR MAY HOLD PUBLIC HEARINGS IN VARIOUS      6,273        

LOCATIONS AROUND THE STATE.                                        6,274        

      Sec. 5512.03.  UPON COMPLETING THE WRITTEN PROJECT           6,276        

SELECTION PROCESS FOR THE PRIORITIZATION OF NEW TRANSPORTATION     6,277        

CAPACITY PROJECTS, THE DIRECTOR OF TRANSPORTATION SHALL SUBMIT IT  6,278        

TO THE TRANSPORTATION REVIEW ADVISORY COUNCIL.  THE COUNCIL SHALL  6,279        

REVIEW THE PROCESS, AND APPROVE IT OR MAKE REVISIONS.                           

      Sec. 5512.04.  AT LEAST ONCE EVERY TWO YEARS, THE DIRECTOR   6,281        

OF TRANSPORTATION SHALL PREPARE A FISCAL FORECAST PREDICTING OR    6,282        

INDICATING THE AMOUNT OF FUNDING EXPECTED TO BE AVAILABLE FOR      6,283        

CONSTRUCTION OF NEW TRANSPORTATION CAPACITY PROJECTS DURING THE    6,284        

PERIOD OF THE FORECAST.  THE FORECAST SHALL BE CONSISTENT WITH     6,285        

THE BIENNIAL BUDGET APPROVED BY THE GENERAL ASSEMBLY.              6,286        

      THE TRANSPORTATION REVIEW ADVISORY COUNCIL SHALL DEVELOP     6,289        

AND APPROVE A LIST OF PROJECTS THAT WILL NOT CAUSE SPENDING TO     6,290        

SIGNIFICANTLY EXCEED THE FUNDING PREDICTED TO BE AVAILABLE BY THE  6,291        

FISCAL FORECAST.                                                                

      Sec. 5512.05.  IN PERFORMING ITS DUTY TO DEVELOP THE         6,293        

PROJECT SELECTION PROCESS, AND LIST OF PROJECTS, THE               6,294        

TRANSPORTATION REVIEW ADVISORY COUNCIL SHALL CONDUCT NO MORE THAN  6,296        

SIX PUBLIC HEARINGS PER YEAR AT VARIOUS LOCATIONS AROUND THE       6,297        

STATE.  AT THE HEARINGS, THE COUNCIL SHALL ACCEPT PUBLIC COMMENT                

RELATED TO THE PROJECT SELECTION PROCESS, AND ON THE MERITS OF     6,298        

MAJOR NEW TRANSPORTATION PROJECTS.  MEMBERS OF THE COUNCIL SHALL   6,299        

ATTEND THE HEARINGS IN PERSON.                                     6,300        

      Sec. 5512.06.  THE DIRECTOR OF TRANSPORTATION, WITH THE      6,302        

APPROVAL OF THE TRANSPORTATION REVIEW ADVISORY COUNCIL, SHALL      6,303        

SUBMIT BIENNIAL REPORTS TO THE GOVERNOR AND THE GENERAL ASSEMBLY   6,304        

ON THE CONDUCT OF THE PROJECT SELECTION PROCESS FOR PRIORITIZING   6,305        

TRANSPORTATION CAPACITY PROJECTS, AND ON THE PROGRESS OF THOSE     6,306        

PROJECTS UNDERTAKEN.                                                            

      Sec. 5512.07.  (A)  THERE IS HEREBY CREATED THE              6,308        

TRANSPORTATION REVIEW ADVISORY COUNCIL.  NO MEMBER OF THE GENERAL  6,309        

                                                          152    

                                                                 
ASSEMBLY SHALL BE A MEMBER OF THE COUNCIL.  THE COUNCIL SHALL      6,310        

CONSIST OF SEVEN MEMBERS, ONE OF WHOM IS THE DIRECTOR OF           6,311        

TRANSPORTATION.  FOUR MEMBERS SHALL BE APPOINTED BY THE GOVERNOR   6,313        

WITH THE ADVICE AND CONSENT OF THE SENATE.  ONE MEMBER SHALL BE    6,314        

APPOINTED BY THE SPEAKER OF THE HOUSE OF REPRESENTATIVES AND ONE   6,315        

MEMBER SHALL BE APPOINTED BY THE PRESIDENT OF THE SENATE.  IN      6,316        

MAKING THEIR APPOINTMENTS, THE GOVERNOR, THE SPEAKER OF THE HOUSE  6,317        

OF REPRESENTATIVES, AND THE PRESIDENT OF THE SENATE SHALL CONSULT  6,318        

WITH EACH OTHER SO THAT OF THE TOTAL NUMBER OF SIX APPOINTED       6,319        

MEMBERS, AT LEAST TWO ARE AFFILIATED WITH THE MAJOR POLITICAL      6,320        

PARTY NOT REPRESENTED BY THE GOVERNOR.  WITHIN NINETY DAYS AFTER   6,322        

THE EFFECTIVE DATE OF THIS SECTION, THE GOVERNOR, SPEAKER, AND                  

PRESIDENT SHALL MAKE THE INITIAL APPOINTMENTS TO THE COUNCIL.      6,323        

      APPOINTED MEMBERS SHALL HAVE NO CONFLICT OF INTEREST WITH    6,325        

THE POSITION AND SHALL BE CAPABLE OF PERFORMING THE DUTIES OF THE  6,326        

COUNCIL WITH IMPARTIALITY.  FOR PURPOSES OF THIS SECTION,          6,327        

CONFLICTS OF INTEREST MAY INCLUDE, BUT ARE NOT LIMITED TO,         6,328        

EMPLOYMENT BY OR ON BEHALF OF, AFFILIATION WITH, OR PUBLIC                      

ADVOCACY OF A NEW HIGHWAY CAPACITY PROJECT UNDER CONSIDERATION     6,329        

FOR POSSIBLE APPROVAL BY THE COUNCIL.                              6,330        

      THE MEMBERS THE GOVERNOR APPOINTS SHALL HAVE THE FOLLOWING   6,332        

QUALIFICATIONS:                                                    6,333        

      (1)  TWO MEMBERS SHALL HAVE AT LEAST FIVE YEARS' EXPERIENCE  6,335        

IN AN EXECUTIVE OR DECISION-MAKING ROLE IN THE TRANSPORTATION      6,336        

SECTOR.                                                                         

      (2)  ONE MEMBER SHALL HAVE AT LEAST FIVE YEARS' EXPERIENCE   6,338        

IN A LEADERSHIP AND FIDUCIARY ROLE WITH EITHER A BUSINESS OR AN    6,339        

ECONOMIC DEVELOPMENT ORGANIZATION.                                 6,340        

      (3)  ONE MEMBER SHALL BE SELECTED FROM A LIST OF FIVE NAMES  6,342        

PROVIDED BY THE OHIO PUBLIC EXPENDITURE COUNCIL.                   6,343        

      (B)  OF THE GOVERNOR'S INITIAL APPOINTMENTS MADE TO THE      6,346        

COUNCIL, ONE SHALL BE FOR A TERM ENDING ONE YEAR AFTER THE         6,348        

EFFECTIVE DATE OF THIS SECTION, ONE SHALL BE FOR A TERM ENDING                  

TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION, ONE SHALL BE   6,350        

                                                          153    

                                                                 
FOR A TERM ENDING FOUR YEARS AFTER THE EFFECTIVE DATE OF THIS      6,351        

SECTION, AND ONE SHALL BE FOR A TERM ENDING FIVE YEARS AFTER THE   6,352        

EFFECTIVE DATE OF THIS SECTION.  THE SPEAKER'S AND PRESIDENT'S     6,353        

INITIAL APPOINTMENTS MADE TO THE COUNCIL SHALL BE FOR A TERM       6,354        

ENDING THREE YEARS AFTER THE EFFECTIVE DATE OF THIS SECTION.       6,356        

THEREAFTER, ALL TERMS OF OFFICE SHALL BE FOR FIVE YEARS, WITH      6,357        

EACH TERM ENDING ON THE SAME DAY OF THE SAME MONTH AS DID THE      6,358        

TERM THAT IT SUCCEEDS.  EACH MEMBER SHALL HOLD OFFICE FROM THE     6,359        

DATE OF APPOINTMENT UNTIL THE END OF THE TERM FOR WHICH THE                     

MEMBER WAS APPOINTED.  MEMBERS MAY BE REAPPOINTED.  VACANCIES      6,360        

SHALL BE FILLED IN THE MANNER PROVIDED FOR ORIGINAL APPOINTMENTS.  6,361        

ANY MEMBER APPOINTED TO FILL ANOTHER MEMBER'S UNEXPIRED TERM       6,363        

SHALL HOLD OFFICE FOR THE REMAINDER OF THAT UNEXPIRED TERM.  A     6,364        

MEMBER SHALL CONTINUE IN OFFICE SUBSEQUENT TO THE EXPIRATION OF    6,366        

THE MEMBER'S TERM UNTIL THE MEMBER'S SUCCESSOR TAKES OFFICE.                    

      (C)  THE DIRECTOR OF TRANSPORTATION IS THE CHAIRPERSON OF    6,369        

THE COUNCIL.                                                                    

      Sec. 5512.08.  MEMBERS OF THE TRANSPORTATION REVIEW          6,371        

ADVISORY COUNCIL, EXCEPT THE DIRECTOR OF TRANSPORTATION, SHALL BE  6,372        

COMPENSATED AT THE RATE OF FIVE THOUSAND DOLLARS PER YEAR, PLUS    6,374        

TWO HUNDRED DOLLARS PER DAY WORKED, PLUS THE NECESSARY TRAVEL AND  6,376        

OTHER EXPENSES INVOLVED WITH THEIR DUTIES.  HOWEVER, THE COMBINED  6,377        

AMOUNT OF COMPENSATION AND EXPENSES PAID TO A MEMBER UNDER THIS    6,378        

SECTION SHALL NOT EXCEED FIFTEEN THOUSAND DOLLARS PER FISCAL       6,379        

YEAR.                                                                           

      Sec. 5512.09.  AT THE REQUEST OF THE TRANSPORTATION REVIEW   6,381        

ADVISORY COUNCIL, THE DEPARTMENT OF TRANSPORTATION SHALL PROVIDE   6,382        

STAFF ASSISTANCE AND OFFICE SPACE FOR THE COUNCIL.                 6,383        

      Sec. 5513.01.  (A)  All purchases of machinery, materials,   6,393        

supplies, or other articles that the director of transportation    6,395        

makes shall be in the manner provided in this section.  In all     6,396        

cases except those in which the director authorizes PROVIDES       6,397        

WRITTEN AUTHORIZATION FOR purchases by district deputy directors   6,398        

of transportation, all such purchases shall be made at the         6,399        

                                                          154    

                                                                 
CENTRAL office of the department of transportation in Columbus.    6,400        

Before making any purchase at that office, the director, as        6,402        

provided in this section, shall give notice to bidders of the      6,403        

intention to purchase.  Where the expenditure is DOES not more     6,404        

than five hundred dollars EXCEED THE AMOUNT APPLICABLE TO THE      6,406        

PURCHASE OF SUPPLIES SPECIFIED IN DIVISION (B) OF SECTION 125.05   6,407        

OF THE REVISED CODE, AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT               

SECTION, the director shall give such notice as the director       6,409        

considers proper, or the director may make the purchase without    6,410        

notice.  Where the expenditure is more than five hundred dollars   6,411        

EXCEEDS THE AMOUNT APPLICABLE TO THE PURCHASE OF SUPPLIES          6,412        

SPECIFIED IN DIVISION (B) OF SECTION 125.05 OF THE REVISED CODE,   6,413        

AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT SECTION, the          6,415        

director shall give notice by posting for not less than ten days   6,416        

a written, typed, or printed invitation to bidders on a bulletin   6,417        

board, which shall be located in a place in the offices assigned   6,418        

to the department and open to the public during business hours.    6,419        

Producers or distributors of any product may notify the director,  6,420        

in writing, of the class of articles for the furnishing of which   6,421        

they desire to bid and their post-office addresses, in which case  6,422        

copies of all invitations to bidders relating to the purchase of   6,423        

such articles shall be mailed to such persons by the director by   6,424        

regular first class mail at least ten days prior to the time       6,425        

fixed for taking bids.  The director also may mail copies of all   6,426        

invitations to bidders to news agencies or other agencies or       6,427        

organizations distributing information of this character.          6,428        

Requests for invitations shall not be valid or NOR require action  6,429        

by the director unless renewed, either annually or after such      6,430        

shorter period as the director may prescribe by a general          6,431        

regulation RULE.  The invitation to bidders shall contain a brief  6,432        

statement of the general character of the article that it is       6,433        

intended to purchase, the approximate quantity desired, and a      6,434        

statement of the time and place where bids will be received, and   6,435        

may relate to and describe as many different articles as the       6,436        

                                                          155    

                                                                 
director thinks proper, it being the intent and purpose of this    6,437        

section to authorize the inclusion in a single invitation of as    6,438        

many different articles as the director desires to invite bids     6,439        

upon at any given time.  Invitations issued during each calendar   6,440        

year shall be given consecutive numbers, and the number assigned   6,441        

to each invitation shall appear on all copies thereof.  In all     6,442        

cases where notice is required by this section, sealed bids shall  6,443        

be taken, on forms prescribed and furnished by the director, and   6,444        

modification of bids after they have been opened shall not be      6,446        

permitted.                                                                      

      (B)  The director may permit any political subdivision and   6,449        

any state university or college to participate in contracts into   6,450        

which the director has entered for the purchase of machinery,      6,451        

materials, supplies, or other articles.  Any political             6,452        

subdivision or state university or college desiring to             6,453        

participate in such purchase contracts shall file with the         6,454        

director a certified copy of the ordinance or resolution of its    6,455        

legislative authority, board of trustees, or other governing       6,456        

board requesting authorization to participate in such contracts    6,457        

and agreeing to be bound by such terms and conditions as the       6,458        

director prescribes.  Purchases made by political subdivisions or  6,459        

state universities or colleges under this division are exempt      6,460        

from any competitive bidding required by law for the purchase of   6,461        

machinery, materials, supplies, or other articles.                 6,462        

      (C)  As used in this section:                                6,464        

      (1)  "Political subdivision" means any county, township,     6,466        

municipal corporation, conservancy district, township park         6,467        

district, park district created under Chapter 1545. of the         6,468        

Revised Code, port authority, regional transit authority,          6,469        

regional airport authority, regional water and sewer district, or  6,470        

county transit board.                                                           

      (2)  "State university or college" has the same meaning as   6,472        

in division (A)(1) of section 3345.32 of the Revised Code.         6,473        

      (D)  This is an interim section effective until March 4,     6,475        

                                                          156    

                                                                 
1998.                                                              6,476        

      Sec. 5513.04.  (A)  The NOTWITHSTANDING SECTIONS 125.12,     6,486        

125.13, AND 125.14 OF THE REVISED CODE, THE director of            6,487        

transportation, after notice as provided in sections 5513.01 and   6,488        

5513.02 of the Revised Code with respect to purchase, may sell     6,489        

any STRUCTURE, machinery, tools, equipment, parts, material,       6,490        

OFFICE FURNITURE, or supplies unfit for use or not required        6,492        

NEEDED by the department of transportation.  Prior THE DIRECTOR    6,494        

MAY SELL OR TRANSFER ANY ITEM SPECIFIED IN THIS DIVISION TO ANY    6,495        

AGENCY OF THE STATE OR A POLITICAL SUBDIVISION OF THE STATE        6,496        

WITHOUT NOTICE OF THE PROPOSED DISPOSAL AND UPON ANY MUTUALLY      6,497        

AGREED UPON TERMS.  THE DIRECTOR MAY EXCHANGE ANY SUCH ITEM, IN    6,498        

THE MANNER PROVIDED FOR IN THIS CHAPTER, AND PAY THE BALANCE OF    6,499        

THE COST OF SUCH NEW ITEM FROM ANY FUNDS APPROPRIATED TO THE       6,500        

DEPARTMENT.  THE DIRECTOR ALSO MAY ACCEPT A CREDIT VOUCHER IN AN   6,501        

AMOUNT MUTUALLY AGREED UPON BETWEEN A VENDOR AND THE DEPARTMENT.   6,502        

THE AMOUNT OF THE CREDIT VOUCHER SHALL BE APPLIED TO FUTURE        6,503        

PURCHASES FROM THAT VENDOR.                                        6,504        

      (B)  NOTWITHSTANDING SECTIONS 125.12, 125.13, AND 125.14 OF  6,507        

THE REVISED CODE, THE DIRECTOR, AFTER NOTICE AS PROVIDED IN THIS   6,510        

CHAPTER WITH RESPECT TO PURCHASE, MAY SELL ANY PASSENGER VEHICLE,  6,511        

VAN, TRUCK, TRAILER, OR OTHER HEAVY EQUIPMENT UNFIT FOR USE OR     6,512        

NOT REQUIRED BY THE DEPARTMENT.  PRIOR to such sale, the director  6,514        

shall notify each county, municipal corporation, township, and     6,515        

school district of the sale.  The director shall similarly notify  6,516        

the board of trustees of any regional water and sewer district     6,517        

established under Chapter 6119. of the Revised Code, when the      6,518        

board has forwarded to the director the district's name and        6,519        

current business address.  For the purposes of this division, the  6,520        

name and current business address of a regional water and sewer    6,521        

district shall be forwarded to the director once each year during  6,522        

any year in which the board wishes the notification to be given.   6,523        

THE NOTICE REQUIRED BY THIS DIVISION MAY BE GIVEN BY THE MOST      6,525        

ECONOMICAL MEANS CONSIDERED TO BE EFFECTIVE, INCLUDING, BUT NOT    6,526        

                                                          157    

                                                                 
LIMITED TO, REGULAR MAIL, ELECTRONIC MAIL, ELECTRONIC BULLETIN     6,527        

BOARD, AND PUBLICATION IN A PERIODICAL OR NEWSPAPER.  If after     6,528        

fourteen SEVEN days following mailing OR OTHER ISSUANCE of the     6,529        

director's notice, no county, municipal corporation, township,     6,530        

regional water and sewer district, educational service center, or  6,532        

school district has notified the director that it wishes to        6,534        

purchase any such machinery, tools, equipment, parts,  material,   6,535        

VEHICLE or supplies OTHER HEAVY EQUIPMENT, the director may        6,536        

proceed with the sale UNDER DIVISION (D) OF THIS SECTION.  The     6,537        

director may exchange such machinery, tools, VEHICLES AND OTHER    6,539        

HEAVY equipment, and parts for new machinery, tools, VEHICLES OR   6,541        

OTHER HEAVY equipment, or parts, in the manner provided for in     6,542        

sections 5513.01 to 5513.04 of the Revised Code, and pay the       6,543        

balance of the cost of such new items VEHICLES OR OTHER HEAVY      6,544        

EQUIPMENT from the highway operating fund of FUNDS APPROPRIATED    6,545        

TO the department.  The director also may elect to accept a        6,546        

credit voucher from a vendor in an amount mutually agreed to by    6,547        

the department and the vendor.  The director shall apply the       6,548        

credit voucher to future purchases from that vendor.               6,549        

      The IN AN EMERGENCY SITUATION AS DETERMINED BY THE           6,551        

DIRECTOR, THE director may transfer any machinery, tools,          6,552        

equipment, parts,  materials, VEHICLES or supplies OTHER HEAVY     6,553        

EQUIPMENT THAT IS unfit for use or not required NEEDED by the      6,554        

department to counties, municipal corporations, ANY AGENCY OF THE  6,555        

STATE or other governmental subdivisions POLITICAL SUBDIVISION OF  6,557        

THE STATE without advertising for bids and upon such MUTUALLY                   

AGREED TO terms as the director may agree with the public          6,558        

authorities empowered to arrange for the transfer.                 6,559        

      (B)(C)  The director may sell or otherwise dispose of any    6,562        

structure or structural materials salvaged on the state highway    6,563        

system that in the director's judgment are no longer required      6,565        

NEEDED by the department, or that, through wear or obsolescence,   6,566        

have become unfit for use.  The director may authorize the sale    6,567        

of the structure or materials by the district deputy directors of  6,568        

                                                          158    

                                                                 
transportation, and proceedings of such sale shall be conducted    6,569        

in the same manner as provided for sales by the director.          6,570        

      Sale of such structure or materials shall be made to the     6,572        

highest responsible bidder and, before making any sale, the        6,573        

director shall give notice of such sale by posting, for not less   6,574        

than ten days, a written, typed, or printed invitation to bidders  6,575        

on a bulletin board in the offices of the department.  The         6,576        

bulletin board shall be located in a place open to the public      6,577        

during business hours.  If, in the opinion of the director, the    6,578        

structure or materials to be sold have a fair market value of two  6,579        

hundred dollars or less, the director need not advertise the       6,580        

proposed sale except by notice posted on the bulletin board in     6,581        

the offices of the department.  If the structure or materials to   6,582        

be sold have a fair market value in excess of two hundred          6,583        

dollars, then the director shall publish one notice of the sale    6,584        

in a newspaper of general circulation in the county in which such  6,585        

structure or materials are located, and notice shall be published  6,586        

at least ten days before bids are to be received.  The invitation  6,587        

to bidders shall contain a brief description of the materials to   6,588        

be sold and a statement of the time and place where bids will be   6,589        

received. In the same invitation, the director may receive bids    6,590        

on the structure as a whole with alternate bids on each of the     6,591        

separate parts or classes of materials making up the whole, and    6,592        

may make such sale on whichever basis the director determines is   6,594        

most advantageous to the department.  If, after invitations are    6,595        

issued, it develops that any public authority has use for the      6,596        

structure or materials, the director may reject all bids and       6,597        

dispose of the structure or materials as set out in this section.  6,598        

      The director may transfer the structure or materials to      6,600        

counties, municipal corporations, or other governmental            6,601        

subdivisions without advertising for bids and upon such MUTUALLY   6,602        

AGREED TO terms as the director may agree with the public          6,603        

authorities empowered to arrange for the transfer.  The director   6,606        

may transfer the structure or structures to a nonprofit            6,607        

                                                          159    

                                                                 
corporation upon being furnished a copy of a contract between the  6,608        

nonprofit corporation and a county, municipal corporation, or      6,609        

other governmental subdivision to which the structure is to be     6,610        

moved pursuant to which the nonprofit corporation must make the    6,611        

structure or structures available for rent or sale within a        6,612        

period of three months after becoming available for occupancy to   6,613        

an individual or family which has been displaced by governmental   6,614        

action or which occupies substandard housing as certified by such  6,615        

governmental subdivision, without advertising for bids.  Any such  6,616        

transfers shall be for such consideration as shall be determined   6,617        

by the director to be fair and reasonable, and shall be upon such  6,618        

terms and specifications with respect to performance and           6,619        

indemnity as shall be determined necessary by the director.        6,620        

      (C)  When, in carrying out an improvement that replaces any  6,622        

structure or materials, it is advantageous to dispose of the       6,623        

structure or materials by providing in the contract for the        6,624        

improvement that the structure or materials, or any part thereof,  6,625        

shall become the property of the contractor, the director may so   6,626        

proceed.                                                           6,627        

      (D)(1)  ANY ITEM SPECIFIED IN DIVISION (A), (B), OR (C) OF   6,632        

THIS SECTION THAT HAS AN ESTIMATED MARKET VALUE GREATER THAN ONE   6,633        

THOUSAND DOLLARS AND THAT HAS NOT BEEN SOLD OR TRANSFERRED AS      6,634        

PROVIDED IN THOSE DIVISIONS MAY BE SOLD AT PUBLIC SALE.  THE       6,635        

DIRECTOR MAY AUTHORIZE SUCH SALE BY THE DISTRICT DEPUTY DIRECTORS  6,636        

OF TRANSPORTATION, AND THE PROCEEDINGS OF SUCH SALE SHALL BE       6,637        

CONDUCTED IN THE SAME MANNER AS PROVIDED FOR SALES BY THE          6,638        

DIRECTOR.                                                          6,639        

      BEFORE MAKING ANY SALE UNDER DIVISION (D)(1) OF THIS         6,642        

SECTION, THE DIRECTOR SHALL GIVE NOTICE OF THE SALE BY POSTING,    6,643        

FOR NOT LESS THAN TEN DAYS, A WRITTEN, TYPED, OR PRINTED           6,644        

INVITATION TO BIDDERS ON A TRADITIONAL OR ELECTRONIC BULLETIN      6,645        

BOARD IN THE OFFICES OF THE DEPARTMENT.  THE BULLETIN BOARD SHALL  6,646        

BE LOCATED IN A PLACE OPEN TO THE PUBLIC DURING NORMAL BUSINESS    6,647        

HOURS.  AT LEAST TEN DAYS BEFORE BIDS ARE TO BE RECEIVED, THE      6,648        

                                                          160    

                                                                 
DIRECTOR ALSO SHALL PUBLISH ONE NOTICE OF THE SALE IN A            6,649        

PERIODICAL OR NEWSPAPER OF GENERAL CIRCULATION IN THE REGION IN    6,650        

WHICH THE ITEMS ARE LOCATED.  THE INVITATION TO BIDDERS AND THE    6,651        

PUBLISHED NOTICE OF THE SALE SHALL CONTAIN A BRIEF DESCRIPTION OF  6,652        

THE ITEMS TO BE SOLD AND A STATEMENT OF THE TIME AND PLACE WHERE   6,653        

BIDS WILL BE RECEIVED.  THE DIRECTOR MAY RECEIVE BIDS AND MAKE     6,654        

SUCH SALE ON ANY BASIS THE DIRECTOR DETERMINES IS MOST             6,655        

ADVANTAGEOUS TO THE DEPARTMENT.  A SALE UNDER DIVISION (D)(1) OF   6,657        

THIS SECTION SHALL BE MADE TO THE HIGHEST RESPONSIBLE BIDDER.      6,658        

IF, AFTER INVITATIONS ARE ISSUED, IT DEVELOPS THAT ANY PUBLIC      6,659        

AUTHORITY HAS USE FOR ANY OF THE ITEMS, THE DIRECTOR MAY REJECT    6,660        

ALL BIDS AND DISPOSE OF THE ITEMS AS SET OUT IN THIS SECTION.      6,661        

      (2)  IF, IN THE OPINION OF THE DIRECTOR, ANY ITEM SPECIFIED  6,664        

IN DIVISION (A), (B), OR (C) OF THIS SECTION HAS AN ESTIMATED      6,668        

FAIR MARKET VALUE OF ONE THOUSAND DOLLARS OR LESS, THE DIRECTOR    6,669        

IS NOT REQUIRED TO ADVERTISE THE PROPOSED SALE EXCEPT BY NOTICE    6,670        

POSTED ON A TRADITIONAL OR ELECTRONIC BULLETIN BOARD IN ONE OR     6,671        

MORE OFFICES OF THE DEPARTMENT. THE BULLETIN BOARD SHALL BE        6,672        

LOCATED IN A PLACE OPEN TO THE PUBLIC DURING NORMAL BUSINESS       6,673        

HOURS.  THE NOTICE SHALL BE POSTED FOR AT LEAST FIVE WORKING DAYS  6,674        

AND SHALL CONTAIN A BRIEF DESCRIPTION OF THE ITEMS TO BE SOLD AND  6,675        

A STATEMENT OF THE TIME AND PLACE WHERE BIDS WILL BE RECEIVED.     6,676        

THE DIRECTOR MAY RECEIVE BIDS AND MAKE SUCH SALE ON ANY BASIS THE  6,677        

DIRECTOR DETERMINES IS MOST ADVANTAGEOUS TO THE DEPARTMENT.  SALE  6,678        

OF ANY ITEM USING THIS METHOD OF ADVERTISING SHALL BE MADE TO THE  6,679        

HIGHEST RESPONSIBLE BIDDER. IF IT DEVELOPS THAT ANY PUBLIC         6,680        

AUTHORITY HAS USE FOR ANY OF THE ITEMS, THE DIRECTOR MAY REJECT    6,681        

ALL BIDS AND DISPOSE OF THE ITEMS AS SET OUT IN THIS SECTION.      6,682        

      (E)  Proceeds of any sale described in this section shall    6,684        

be paid into the state treasury to the credit of the state         6,685        

highway operating fund OR ANY OTHER FUND OF THE DEPARTMENT AS      6,686        

DETERMINED BY THE DIRECTOR.                                        6,687        

      (E)(F)  As used in this section, "school district" means     6,690        

any city school district, local school district, exempted village  6,691        

                                                          161    

                                                                 
school district, cooperative education school district, and joint  6,693        

vocational school district, as defined in Chapter 3311. of the     6,694        

Revised Code.  Once each year, the state board of education shall  6,695        

provide the director with a current list of the addresses of all   6,696        

school districts and educational service centers in the state.     6,697        

      Sec. 5513.06.  (A)  The director of transportation may       6,706        

debar a vendor from consideration for contract awards upon a       6,707        

finding based upon a reasonable belief that the vendor has done    6,708        

any of the following:                                                           

      (1)  Abused the solicitation process by repeatedly           6,710        

withdrawing bids before purchase orders or contracts are issued    6,711        

or failing to accept orders based upon firm bids;                  6,712        

      (2)  Failed to substantially perform a contract according    6,714        

to its terms, conditions, and specifications within specified      6,715        

time limits;                                                                    

      (3)  Failed to cooperate in monitoring contract performance  6,717        

by refusing to provide information or documents required in a      6,718        

contract, failed to respond and correct matters related to         6,719        

complaints to the vendor, or accumulated repeated justified        6,720        

complaints regarding performance of a contract;                    6,721        

      (4)  Attempted to influence a public employee to breach      6,723        

ethical conduct standards;                                         6,724        

      (5)  Colluded with other bidders to restrain competition by  6,726        

any means;                                                                      

      (6)  Been convicted of a criminal offense related to the     6,728        

application for or performance of any public or private contract,  6,729        

including, but not limited to, embezzlement, theft, forgery,       6,730        

bribery, falsification or destruction of records, receiving        6,731        

stolen property, and any other offense that directly reflects on   6,732        

the vendor's business integrity;                                                

      (7)  Been convicted under state or federal antitrust laws;   6,734        

      (8)  Deliberately or willfully submitted false or            6,736        

misleading information in connection with the application for or   6,737        

performance of a public contract;                                  6,738        

                                                          162    

                                                                 
      (9)  HAS BEEN DEBARRED BY ANOTHER STATE OR BY ANY AGENCY OR  6,740        

DEPARTMENT OF THE FEDERAL GOVERNMENT;                              6,741        

      (10)  Violated any other responsible business practice or    6,743        

performed in an unsatisfactory manner as determined by the         6,745        

director.                                                                       

      (B)  When the director reasonably believes that grounds for  6,747        

debarment exist, the director shall send the vendor a notice of    6,748        

proposed debarment.  If the vendor is a partnership, association,  6,749        

or corporation, the director also may debar from consideration     6,750        

for contract awards any partner of the partnership, or the         6,751        

officers and directors of the association or corporation, being    6,752        

debarred.  When the director reasonably believes that grounds for  6,753        

debarment exist, the director shall send the individual involved   6,754        

a notice of proposed debarment.  A notice of proposed debarment    6,755        

shall indicate the grounds for the debarment of the vendor or                   

individual and the procedure for requesting a hearing.  The        6,757        

notice and hearing shall be in accordance with Chapter 119. of     6,758        

the Revised Code.  If the vendor or individual does not respond    6,759        

with a request for a hearing in the manner specified in Chapter    6,761        

119. of the Revised Code, the director shall issue the debarment   6,762        

decision without a hearing and shall notify the vendor or          6,763        

individual of the decision by certified mail, return receipt       6,764        

requested.  The debarment period may be of any length determined                

by the director and the director may modify or rescind the         6,766        

debarment at any time.  During the period of debarment, the        6,767        

director shall not include on a bidder list or consider for a      6,768        

contract award any partnership, association, or corporation                     

affiliated with a debarred individual.  After the debarment        6,769        

period expires, the vendor or individual, and any partnership,     6,770        

association, or corporation affiliated with the individual, may    6,771        

reapply for inclusion on bidder lists through the regular          6,772        

application process.                                                            

      Sec. 5515.01.  The director of transportation may upon       6,781        

formal application being made to him THE DIRECTOR, grant a permit  6,783        

                                                          163    

                                                                 
to any individual, firm, or corporation to use or occupy such                   

portion of a road or highway on the state highway system as will   6,785        

not incommode the traveling public.  Such permits, when granted,   6,786        

shall be upon the following conditions:                            6,787        

      (A)  The occupancy of such roads or highways shall be in     6,789        

the location as prescribed by the director.                        6,790        

      (B)  Such location shall be changed as prescribed by the     6,792        

director when he THE DIRECTOR deems such change necessary for the  6,794        

convenience of the traveling public, or in connection with or                   

contemplation of the construction, reconstruction, improvement,    6,796        

relocating, maintenance, or repair of such road or highway.        6,797        

      (C)  The placing of objects or things shall be at a grade    6,799        

and in accordance with such plans, specifications, or both, as     6,800        

shall be first approved by the director.                           6,801        

      (D)  The road or highway in all respects shall be fully      6,803        

restored to its former condition of usefulness and at the expense  6,804        

of such individual, firm, or corporation.                          6,805        

      (E)  Such individual, firm, or corporation shall maintain    6,807        

all objects and things in a proper manner, promptly repair all     6,808        

damages resulting to such road or highway on account thereof, and  6,809        

in event of failure to so repair such road or highway to pay to    6,810        

the state all costs and expenses which may be expended by the      6,811        

director in repairing any damage.                                  6,812        

      (F)  Such other conditions as may seem reasonable to the     6,814        

director, but no condition shall be prescribed which imposes the   6,815        

payment of a money consideration for the privilege granted.        6,816        

NOTHING IN THIS DIVISION PROHIBITS THE DIRECTOR FROM REQUIRING     6,818        

PAYMENT OF MONEY CONSIDERATION FOR A LEASE, EASEMENT, LICENSE, OR  6,819        

OTHER INTEREST IN A TRANSPORTATION FACILITY UNDER CONTROL OF THE   6,820        

DEPARTMENT.                                                                     

      (G)  Permits may be revoked by the director at any time for  6,822        

a noncompliance with the conditions imposed.                       6,823        

      (H)  AS A CONDITION PRECEDENT TO THE ISSUANCE OF A PERMIT    6,825        

TO A TELECOMMUNICATIONS SERVICE PROVIDER, THE DIRECTOR SHALL       6,827        

                                                          164    

                                                                 
REQUIRE THE APPLICANT TO PROVIDE PROOF IT IS PARTY TO A LEASE,     6,828        

EASEMENT, OR LICENSE FOR THE CONSTRUCTION, PLACEMENT, OR           6,829        

OPERATION OF A TELECOMMUNICATIONS FACILITY IN OR ON A              6,830        

TRANSPORTATION FACILITY.                                           6,831        

      Chapters  EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION AND   6,833        

SECTION 5501.311 OF THE REVISED CODE, CHAPTERS 5501., 5503.,       6,834        

5511., 5512., 5513., 5515., 5516., 5517., 5519., 5521., 5523.,     6,837        

5525., 5527., 5528., 5529., 5531., 5533., and 5535. of the         6,838        

Revised Code do not prohibit telegraph, telephone, and electric    6,839        

light and power companies to construct FROM CONSTRUCTING,          6,840        

maintain MAINTAINING, and use USING telegraph, telephone, or       6,842        

electric light and power lines along and upon such roads or        6,843        

highways under sections 4931.01, 4931.03, 4931.19, 4933.14, or     6,844        

other sections of the Revised Code, or to affect existing rights   6,845        

of any such companies, or to require such companies to obtain a    6,846        

permit from the director, except with respect to the location of   6,847        

poles, wires, conduits, and other equipment comprising lines on    6,848        

or beneath the surface of such road or highways.                   6,849        

      This section does not prohibit steam or electric railroad    6,851        

companies from constructing tracks across such roads or highways,  6,852        

nor authorize the director to grant permission to any company      6,853        

owning, operating, controlling, or managing a steam railroad or    6,854        

interurban railway in this state to build a new line of railroad,  6,855        

or to change or alter the location of existing tracks across any   6,856        

road or highway on the state highway system at grade.  No such     6,857        

company shall change the elevation of any of its tracks across     6,858        

such road or highway except in accordance with plans and           6,859        

specifications first approved by the director.                     6,860        

      This section does not relieve any individual, firm, or       6,862        

corporation from the obligation of satisfying any claim or demand  6,863        

of an owner of lands abutting on such road or highway on the       6,864        

state highway system on account of placing in such road or         6,865        

highway a burden in addition to public travel.                     6,866        

      Sec. 5516.01.  As used in sections 5516.01 to 5516.13        6,875        

                                                          165    

                                                                 
5516.14 of the Revised Code:                                       6,877        

      (A)  "Advertising device" includes any outdoor sign,         6,879        

display, device, figure, painting, drawing, message, placard,      6,880        

poster, billboard, or any other contrivance designed, intended,    6,881        

or used to advertise or to give information in the nature of       6,882        

advertising, or any part thereof, the advertising or informative   6,883        

contents of which are visible from the main traveled way of any    6,884        

highway on the interstate system or primary system in this state.  6,885        

      (B)  "Visible" means capable of being seen, whether or not   6,887        

legible, AND COMPREHENDED without visual aid by a person of        6,888        

normal acuity TRAVELING THE POSTED SPEED LIMIT ON THE MAIN         6,889        

TRAVELED WAY OF THE HIGHWAY.                                       6,890        

      (C)  "Interstate system" means THAT PORTION OF the           6,892        

interstate system of highways as defined in 74 Stat. 415 (1960),   6,894        

23 U.S.C.A. 103, or amendments thereof, OR THE NATIONAL HIGHWAY    6,895        

SYSTEM, LOCATED WITHIN THIS STATE, AS DESIGNATED BY THE DIRECTOR   6,896        

OF TRANSPORTATION AND APPROVED BY THE SECRETARY OF TRANSPORTATION  6,897        

OF THE UNITED STATES, PURSUANT TO 23 U.S.C.A. 103(b) AND (e).      6,899        

      (D)  "Erect" means to construct or allow to be constructed,  6,901        

but it shall not include any activity when performed as an         6,902        

incident to the change of advertising message or normal            6,903        

maintenance of a sign or sign structure.                           6,904        

      (E)  "Maintain" means to preserve, keep in repair,           6,906        

continue, allow to exist, or restore if destroyed by an act of     6,907        

God or vandalism.                                                  6,908        

      (F)  "National policy" means the provisions relating to      6,910        

control of advertising, signs, displays, and devices adjacent to   6,911        

the interstate system and primary system contained in the          6,912        

"National Highway Beautification Act of 1965," 79 Stat. 1028, OF   6,913        

23 U.S.C.A. 131 and the national standards, criteria, and rules    6,914        

promulgated pursuant to such provisions.                           6,915        

      (G)  "Primary system" means that portion of the state        6,917        

highway system OR NATIONAL HIGHWAY SYSTEM LOCATED WITHIN THIS      6,918        

STATE as designated or as may hereafter be designated by the       6,920        

                                                          166    

                                                                 
state as part of the federal-aid primary system of highways,                    

which designation has been DIRECTOR AND approved by the secretary  6,921        

of transportation of the United States, pursuant to 70 Stat. 374   6,923        

(1956), 23 U.S.C.A. 103(b).                                        6,924        

      (H)  "Zoned commercial or industrial areas" means those      6,926        

nonagricultural areas which are reserved for business, commerce,   6,927        

or trade, pursuant to local zoning laws, regulations, or state     6,928        

laws.                                                              6,929        

      (I)  "Unzoned commercial or industrial areas AREA" means     6,931        

those areas AN AREA not zoned by state or local law, regulation,   6,933        

or ordinance, upon IN which THERE is conducted LOCATED one or      6,936        

more commercial or industrial activities, and.  SUCH AREA MAY      6,937        

ALSO INCLUDE the lands along the highway for a distance of eight   6,939        

hundred fifty feet immediately adjacent to such activities.  All   6,940        

measurements THIS DISTANCE shall be MEASURED from the buildings,   6,941        

parking lots, storage or processing areas of the activities, and   6,942        

shall be measured along or parallel to the near edge of the main   6,943        

traveled way of the highway.  Unzoned commercial or industrial     6,944        

areas THIS DISTANCE shall not include land on the opposite side    6,946        

of the highway from such activities, nor land predominantly used   6,947        

for residential purposes.  AN AREA SHALL BE CONSIDERED             6,948        

PREDOMINATELY RESIDENTIAL IF FIFTY PER CENT OR MORE OF THE EIGHT   6,949        

HUNDRED FEET IMMEDIATELY ADJACENT TO THE ACTIVITIES CONTAINS LAND  6,950        

USED AS RESIDENTIAL PROPERTY.  Each side of the highway will be    6,951        

considered separately in applying this definition.  As used in     6,952        

this section "commercial                                                        

      (J)  "COMMERCIAL or industrial activities" means those       6,955        

activities generally recognized as commercial or industrial by     6,956        

zoning authorities of this state, except that none of the.  THE    6,957        

following activities shall NOT be considered commercial or         6,959        

industrial:                                                                     

      (1)  Outdoor ACTIVITIES RELATING TO advertising structures;  6,961        

      (2)  Agricultural, forestry, ranching, grazing, farming,     6,963        

and related activities, including, but not limited to, ACTIVITIES  6,964        

                                                          167    

                                                                 
RELATING TO wayside fresh produce stands;                          6,966        

      (3)  Transient or temporary activities;                      6,968        

      (4)  Activities not visible from the main traveled way;      6,970        

      (5)  Activities LOCATED more than six hundred sixty feet     6,972        

from the nearest edge of the right-of-way;                         6,973        

      (6)  Activities conducted in a building principally used as  6,975        

a residence;                                                       6,976        

      (7)  Railroad ACTIVITIES RELATING TO RAILROAD tracks and     6,978        

minor sidings;                                                     6,979        

      (8)  Highways ACTIVITIES RELATING TO HIGHWAYS, roads, and    6,981        

streets.                                                           6,982        

      (K)  "DIRECTIONAL AND OFFICIAL SIGNS AND NOTICES" MEANS      6,984        

THOSE SIGNS AND NOTICES THAT ARE REQUIRED OR AUTHORIZED BY LAW     6,985        

AND CONFORM TO THE RULES FOR SUCH SIGNS AND NOTICES AS ADOPTED BY  6,986        

THE DIRECTOR IN ACCORDANCE WITH 23 C.F.R. 750.151 TO 750.155.      6,987        

      (L)  "NONCONFORMING ADVERTISING DEVICE" MEANS AN             6,989        

ADVERTISING DEVICE THAT WAS:                                       6,990        

      (1)  LAWFULLY IN EXISTENCE PRIOR TO DECEMBER 7, 1971;        6,992        

      (2)  LAWFULLY ON ANY HIGHWAY MADE A PART OF THE INTERSTATE   6,994        

SYSTEM OR PRIMARY HIGHWAY SYSTEM ON OR AFTER DECEMBER 7, 1971;     6,995        

      (3)  LAWFULLY ERECTED PRIOR TO ANY REVISION IN THE LAW       6,997        

EFFECTIVE DECEMBER 7, 1971; OR                                     6,998        

      (4)  LAWFULLY ERECTED BUT:                                   7,000        

      (a)  NO LONGER IN COMPLIANCE WITH THE PROVISIONS OF STATE    7,002        

LAW ENACTED OR RULES ADOPTED AT A LATER DATE; OR                   7,003        

      (b)  NO LONGER IN COMPLIANCE WITH STATE LAWS OR RULES DUE    7,005        

TO CHANGED CONDITIONS, INCLUDING, BUT NOT LIMITED TO, ZONING       7,006        

CHANGES, HIGHWAY RELOCATION, HIGHWAY RECLASSIFICATION, OR CHANGES  7,007        

IN RESTRICTIONS ON SIZING, LIGHTING, SPACING, OR DISTANCE OF       7,008        

ADVERTISING DEVICES.                                                            

      ILLEGALLY ERECTED OR MAINTAINED ADVERTISING DEVICES ARE NOT  7,010        

NONCONFORMING SIGNS.                                               7,011        

      (M)  "SCENIC BYWAY" MEANS ANY LINEAR TRANSPORTATION          7,013        

CORRIDOR AS DESIGNATED OR AS MAY HEREAFTER BE SO DESIGNATED BY     7,014        

                                                          168    

                                                                 
THE DIRECTOR UNDER THE OHIO SCENIC BYWAYS PROGRAM AS HAVING        7,015        

OUTSTANDING SCENIC QUALITIES.                                                   

      (N)  "DIRECTOR" MEANS THE DIRECTOR OF THE OHIO DEPARTMENT    7,017        

OF TRANSPORTATION.                                                 7,018        

      (O)  "COMMERCIAL OR INDUSTRIAL ZONE" MEANS THOSE AREAS       7,020        

ESTABLISHED BY ANY STATE, COUNTY, MUNICIPAL, OR OTHER LOCAL        7,021        

ZONING AUTHORITY AS BEING MOST APPROPRIATE FOR BUSINESS,           7,022        

COMMERCE, INDUSTRY, OR TRADE.  ANY ACTION TAKEN BY A STATE,        7,023        

COUNTY, MUNICIPAL, OR OTHER LOCAL ZONING AUTHORITY THAT IS NOT                  

PART OF COMPREHENSIVE ZONING AND IS CREATED PRIMARILY TO PERMIT    7,024        

OUTDOOR ADVERTISING DEVICES SHALL NOT BE CONSIDERED A COMMERCIAL   7,025        

OR INDUSTRIAL ZONE FOR PURPOSES OF THIS CHAPTER.                   7,026        

      Sec. 5516.02.  No advertising device shall be erected or     7,035        

maintained within six hundred sixty feet of the edge of the        7,037        

right-of-way of a highway on the interstate system except the      7,039        

following:                                                         7,040        

      (A)  Directional or other AND official signs or AND notices  7,043        

that are required or authorized by law CONFORM TO RULES ADOPTED    7,044        

BY THE DIRECTOR OF TRANSPORTATION;                                 7,045        

      (B)  Signs advertising the sale or lease of the property     7,047        

upon which they are located;                                       7,048        

      (C)  Advertising devices indicating the name of the          7,050        

business or profession conducted on such property or which THAT    7,051        

identify the goods produced, sold, or services rendered on such    7,052        

property, AND THAT CONFORM TO RULES ADOPTED BY THE DIRECTOR;       7,053        

      (D)  Advertising devices which THAT are located in           7,055        

commercial or industrial zones traversed by segments of the        7,056        

interstate system within the boundaries of incorporated            7,057        

municipalities A MUNICIPAL CORPORATION as such boundaries existed  7,059        

on September 21, 1959, which AND THAT conform to regulations       7,061        

promulgated RULES ADOPTED by the director of transportation,       7,062        

provided that no such sign or notice shall be erected or           7,063        

maintained until a permit is obtained as provided in section       7,064        

5516.10 of the Revised Code.                                       7,065        

                                                          169    

                                                                 
      Sec. 5516.03.  The director of transportation shall          7,074        

promulgate ADOPT, AMEND, and enforce regulations RULES,            7,076        

consistent with THE CUSTOMARY USE OF OUTDOOR ADVERTISING, the      7,077        

safety of the traveling public, and consistent with the national   7,079        

policy, governing any or all aspects of the advertising devices    7,081        

erected or maintained within six hundred sixty feet of the edge                 

of the right-of-way of a highway on the interstate system and      7,082        

coming within the exceptions contained in section 5516.02 of the   7,083        

Revised Code AS ARE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS  7,084        

CHAPTER.  SUCH RULES MAY INCLUDE, BUT SHALL NOT BE LIMITED TO,     7,085        

SIZING, LIGHTING, SPACING, AND SUCH OTHER CONDITIONS AS MAY BE     7,086        

NECESSARY TO PROMOTE THE SAFETY OF THE TRAVELING PUBLIC AND        7,087        

EFFECT THE NATIONAL POLICY.  THE RULES SHALL BE IN ADDITION TO     7,088        

THE PROVISIONS OF MUNICIPAL ORDINANCES REGULATING ADVERTISING                   

DEVICES AND SHALL NOT INVALIDATE THE PROVISIONS OF ANY MUNICIPAL   7,089        

ORDINANCE THAT ARE EQUIVALENT TO AND CONSISTENT WITH THE RULES     7,090        

ADOPTED BY THE DIRECTOR UNDER THIS SECTION.  The director shall    7,093        

furnish a copy of such regulations RULES, without charge, to any   7,094        

person making a request therefor.                                  7,095        

      The director may adopt such amendments to such regulations   7,097        

as are necessary and consistent with public safety and which are   7,099        

consistent with the national policy.                               7,100        

      Whoever violates such regulations is in violation of         7,102        

section 5516.02 of the Revised Code.                               7,103        

      Sec. 5516.04.  (A)  Any advertising device which violates    7,112        

sections 5516.02 and 5516.03 of the Revised Code, THAT VIOLATES    7,114        

SECTION 5516.02, 5516.06, OR 5516.061 OF THE REVISED CODE OR THE   7,115        

RULES ADOPTED THEREUNDER, OR THAT IS BEING MAINTAINED WITHOUT A                 

VALIDLY ISSUED PERMIT, is a public and private nuisance, and       7,117        

SHALL BE REMOVED.  IMMEDIATELY UPON DISCOVERING THE EXISTENCE OF   7,119        

SUCH A NUISANCE, the director of transportation shall give thirty  7,121        

days notice, by registered or certified mail, ISSUE AN ORDER to    7,122        

the owner or lessee of the land on which such advertising device   7,123        

is located, AND TO THE OWNER OF SUCH ADVERTISING DEVICE, IF        7,124        

                                                          170    

                                                                 
KNOWN, to remove such advertising THE device OR TO INITIATE ANY    7,125        

REMEDIAL ACTION SPECIFIED IN THE ORDER, WITHIN THIRTY DAYS OF THE  7,127        

ISSUANCE OF THE ORDER.  THE ORDER SHALL BE IN WRITING AND SHALL                 

BE SENT BY CERTIFIED MAIL.  IF THE OWNER OF THE ADVERTISING        7,128        

DEVICE IS UNKNOWN, THE DIRECTOR SHALL MAKE A REASONABLE ATTEMPT    7,129        

TO ASCERTAIN THE IDENTITY OF SUCH OWNER.                           7,130        

      If any such advertising device has not been removed on or    7,132        

before the expiration of thirty days following the receipt of the  7,133        

said notice by the owner or lessee of the land upon which the      7,134        

advertising device is located, the director, or any of his duly    7,136        

authorized agents, may, at his discretion, either:                 7,138        

      (A)  Remove, obliterate, or abate the advertising device.    7,140        

The IF SUCH OWNER CANNOT BE DETERMINED OR THE CERTIFIED MAIL IS    7,142        

NOT CLAIMED, THE DIRECTOR MAY POST A COPY OF THE ORDER IN A        7,143        

CONSPICUOUS PLACE ON THE ADVERTISING DEVICE.                                    

      IF REMOVAL OR REMEDIATION IS NOT COMPLETED WITHIN THIRTY     7,145        

DAYS OF THE DATE OF THE ORDER, THE DIRECTOR IMMEDIATELY MAY        7,146        

REMOVE THE SIGN WITHOUT FURTHER NOTICE OR MAY FILE FOR AN          7,147        

INJUNCTION OR OTHER APPROPRIATE RELIEF IN A CIVIL ACTION FOR       7,148        

ABATEMENT IN THE COURT OF COMMON PLEAS OF THE COUNTY IN WHICH THE               

ADVERTISING DEVICE IS LOCATED.  A COPY OF THE COMPLAINT SHALL BE   7,149        

SERVED UPON THE OWNER OR LESSEE OF THE LAND AND THE OWNER OF THE   7,150        

DEVICE, IF KNOWN, IN ACCORDANCE WITH THE RULES OF CIVIL            7,151        

PROCEDURE.  IF CERTIFIED MAIL SERVICE, PERSONAL SERVICE, OR        7,152        

RESIDENCE SERVICE OF THE COMPLAINT IS REFUSED, OR CERTIFIED MAIL   7,153        

SERVICE IS NOT CLAIMED AND THE DIRECTOR HAS MADE A REQUEST FOR                  

ORDINARY MAIL SERVICE OF THE COMPLAINT, OR HAS USED PUBLICATION    7,154        

SERVICE IN ACCORDANCE WITH THE RULES OF CIVIL PROCEDURE, THEN A    7,155        

COPY OF THE COMPLAINT SHALL BE POSTED IN A CONSPICUOUS PLACE ON    7,156        

THE ADVERTISING DEVICE.                                                         

      THE COURT IN A CIVIL ACTION FOR ABATEMENT SHALL CONDUCT A    7,158        

HEARING AT LEAST TWENTY-EIGHT DAYS AFTER SERVICE OF THE COMPLAINT  7,159        

ON THE OWNER OF THE ADVERTISING DEVICE AND THE OWNER OR LESSEE OF  7,160        

THE LAND.  IF THE COURT FINDS AT THE HEARING THAT A VIOLATION OF   7,161        

                                                          171    

                                                                 
SECTIONS 5516.02 TO 5516.04 OF THE REVISED CODE EXISTS AS ALLEGED  7,163        

IN THE COMPLAINT AND ALSO FINDS THAT THE OWNER OF THE ADVERTISING  7,164        

DEVICE OR THE OWNER OR LESSEE OF THE LAND HAS BEEN AFFORDED AN     7,165        

OPPORTUNITY TO ABATE THE NUISANCE BUT HAS REFUSED OR FAILED TO DO               

SO, THE COURT MAY ISSUE AN INJUNCTION REQUIRING THE OWNER OF THE   7,166        

ADVERTISING DEVICE OR THE OWNER OR LESSEE OF THE LAND TO ABATE     7,167        

THE NUISANCE OR MAY ISSUE ANY OTHER ORDER THAT IT CONSIDERS        7,168        

NECESSARY OR APPROPRIATE TO CAUSE THE ABATEMENT OF THE PUBLIC      7,169        

NUISANCE.  IF AN INJUNCTION IS ISSUED PURSUANT TO THIS SECTION,                 

THE OWNER OF THE ADVERTISING DEVICE OR THE OWNER OR LESSEE OF THE  7,170        

LAND SHALL BE GIVEN NO MORE THAN THIRTY DAYS FROM THE DATE OF THE  7,171        

ENTRY OF THE COURT'S ORDER TO COMPLY WITH THE INJUNCTION, UNLESS   7,172        

THE COURT, FOR GOOD CAUSE SHOWN, EXTENDS THE TIME FOR COMPLIANCE.  7,173        

THE JUDGE IN ANY CIVIL ACTION DESCRIBED IN THIS SECTION, OR THE    7,174        

JUDGE'S SUCCESSOR IN OFFICE, HAS CONTINUING JURISDICTION TO                     

REVIEW THE CONDITION OF ANY ADVERTISING DEVICE THAT WAS            7,175        

DETERMINED TO BE A PUBLIC NUISANCE PURSUANT TO THIS SECTION.       7,176        

      (B)  IF THE DEPARTMENT REMOVES AN ADVERTISING DEVICE         7,179        

PURSUANT TO AN ORDER OF THE DIRECTOR, THE cost of OR expense of    7,180        

such removal, obliteration, or abatement, shall be paid by the     7,182        

director out of any appropriation of the department of             7,183        

transportation available for the establishment, using,             7,184        

maintaining, or repairing USE, MAINTENANCE, OR REPAIR of           7,185        

highways, and the amount thereof shall be certified to the         7,186        

attorney general for collection by civil action against the        7,187        

person maintaining or erecting DEVICE OWNER OR THE OWNER OR        7,188        

LESSEE OF THE LAND ON WHICH such advertising device IS LOCATED.    7,189        

SUCH OWNERS AND LESSEES SHALL BE JOINTLY LIABLE FOR SUCH COSTS OR  7,190        

EXPENSES.                                                                       

      (B)  File a complaint by petition in the court of common     7,192        

pleas of the county in which such advertising device is located,   7,193        

and, upon a finding by the court that a violation of sections      7,194        

5516.02 to 5516.04 of the Revised Code, exists as alleged in the   7,195        

petition, the court shall enter an order of abatement against the  7,196        

                                                          172    

                                                                 
person or persons erecting or maintaining such advertising         7,197        

device, or against the owner or owners of the land upon which      7,198        

such advertising device is situated, as the case may be.           7,199        

      (C)  EMPLOYEES, AGENTS, OR INDEPENDENT CONTRACTORS OF THE    7,201        

DEPARTMENT OF TRANSPORTATION MAY ENTER UPON PRIVATE PROPERTY FOR   7,202        

THE PURPOSE OF REMOVING ADVERTISING DEVICES IN ACCORDANCE WITH     7,203        

THIS SECTION, WITHOUT INCURRING ANY LIABILITY FOR SO ENTERING.     7,204        

      Sec. 5516.06.  No advertising device shall be erected or     7,214        

maintained within six hundred sixty feet of the edge of the                     

right-of-way of a highway on the primary system except the         7,215        

following:                                                                      

      (A)  Directional and other official signs and notices        7,217        

required or authorized by law; which signs and notices shall       7,218        

include signs and notices pertaining to natural wonders, scenic    7,219        

and historical attractions, which shall THAT conform to            7,220        

regulations promulgated RULES ADOPTED by the director of           7,222        

transportation consistent with the national policy, provided that  7,224        

no such sign or notice shall be erected until a permit is          7,225        

obtained as provided for in section 5516.10 of the Revised Code;   7,226        

      (B)  Signs advertising the sale or lease of the property     7,228        

upon which they are located;                                       7,229        

      (C)  Advertising devices indicating the name of the          7,231        

business, activities, or profession conducted on such property or  7,232        

which THAT identify the goods produced, sold, or services          7,233        

rendered on such property AND THAT CONFORM TO RULES ADOPTED BY     7,235        

THE DIRECTOR;                                                                   

      (D)  Precautionary signs relating to the premises;           7,237        

      (E)  Signs, displays, or devices which locate, identify,     7,239        

mark, or warn of the presence of pipe lines, utility lines, or     7,240        

rail lines, and appurtenances thereof, including, but not limited  7,241        

to, markers used in the maintenance, operation, observation, and   7,242        

safety of said lines;                                              7,243        

      (F)  Advertising devices located in zoned or unzoned         7,245        

industrial or commercial areas adjacent to highways on the         7,246        

                                                          173    

                                                                 
primary system.  No such advertising device in such areas shall    7,247        

be erected until a permit is obtained as provided in section       7,248        

5516.10 of the Revised Code THAT CONFORM TO RULES ADOPTED BY THE   7,249        

DIRECTOR;                                                          7,250        

      (G)  Signs lawfully in existence on October 22, 1965, that   7,252        

the director, subject to the approval of the secretary of the      7,253        

United States department of transportation, has determined to be   7,254        

landmark signs, including signs on farm structures or natural      7,255        

surfaces, which are of historic or artistic significance,          7,256        

provided that no such sign shall be maintained without a permit    7,257        

as provided for in section 5516.10 of the Revised Code.            7,258        

      Sec. 5516.061.  No advertising device shall be erected       7,267        

outside of urban areas between six hundred sixty feet and three    7,268        

thousand feet of the right-of-way of the main traveled way of a    7,269        

highway on the interstate or primary system for the purpose of a   7,270        

message being read IF SUCH DEVICE WOULD BE VISIBLE from such main  7,271        

traveled way, except the following:                                7,273        

      (A)  Directional and other official signs and notices        7,275        

required or authorized by law, which include signs and notices     7,276        

pertaining to natural wonders and scenic and historical            7,277        

attractions, which shall THAT conform to rules promulgated         7,278        

ADOPTED by the director of transportation consistent with the      7,280        

national policy, provided that no such sign or notice shall be     7,281        

erected until a permit is obtained as provided for in section      7,282        

5516.10 of the Revised Code;                                       7,283        

      (B)  Signs advertising the sale or lease of the property     7,285        

upon which they are located;                                       7,286        

      (C)  Advertising devices indicating the name of the          7,288        

business, activities, or profession conducted on such property or  7,289        

which THAT identify the goods produced, sold, or services          7,290        

rendered on such property AND THAT CONFORM TO RULES ADOPTED BY     7,291        

THE DIRECTOR;                                                      7,292        

      (D)  Signs lawfully in existence on October 22, 1965, that   7,294        

the director, subject to the approval of the secretary of the      7,295        

                                                          174    

                                                                 
United States department of transportation, has determined to be   7,296        

landmark signs, including signs on farm structures or natural      7,297        

surfaces, which are of historic or artistic significance,          7,298        

provided that no such sign shall be maintained without a permit    7,299        

as provided for in section 5516.10 of the Revised Code.            7,300        

      No advertising device or series of devices erected outside   7,302        

of urban areas and beyond three thousand feet of the right-of-way  7,303        

of the main traveled way of a highway on the interstate or         7,304        

primary system for the purpose of a message being read from the    7,305        

main traveled way shall exceed one hundred fifty square feet in    7,306        

area.  For purposes of this section, a series of devices           7,307        

conveying a single message shall not have a combined area in       7,308        

excess of one hundred fifty square feet in area.                   7,309        

      Any advertising device lawfully in existence prior to the    7,311        

effective date of this section NOVEMBER 28, 1975, or lawfully on   7,313        

any highway made a part of the interstate or primary system on or  7,314        

after this THAT date, the erection of which would be illegal       7,316        

under this section, is nonconforming, and may be maintained        7,317        

subject to the permit provisions of section 5516.10 of the         7,318        

Revised Code until ordered removed under section 5516.08 of the    7,319        

Revised Code.                                                                   

      As used in this section, "urban area" means an urbanized     7,321        

area or an urban place as designated by the bureau of the census   7,322        

having a population of five thousand or more, and within           7,323        

boundaries approved by the U.S. UNITED STATES secretary of         7,325        

transportation.                                                                 

      Sec. 5516.07.  Any advertising device lawfully in existence  7,334        

prior to December 7, 1971, or lawfully on any highway made a part  7,335        

of the interstate or primary system on or after December 7, 1971,  7,336        

the erection of which would be illegal under division (D) of       7,337        

section 5516.02 and section 5516.06 of the Revised Code, is        7,338        

nonconforming.  Any such nonconforming advertising device located  7,339        

within zoned or unzoned commercial or industrial areas may be      7,340        

maintained and shall not be ordered removed by the director of     7,341        

                                                          175    

                                                                 
transportation or, except upon the payment of compensation as      7,342        

provided in division (A) of section 5516.08 of the Revised Code,   7,343        

by a state, county, or local zoning authority, but such            7,344        

advertising devices are subject to the permit provisions of        7,345        

section 5516.10 of the Revised Code.  All other nonconforming      7,346        

advertising devices may SHALL be maintained, subject to the        7,347        

permit provisions of section SECTIONS 5516.10 AND 5516.12 of the   7,350        

Revised Code, until ordered removed under section 5516.08 of the   7,351        

Revised Code.                                                                   

      The director shall not require the removal of any            7,353        

advertising device for which federal reimbursement is              7,354        

contemplated pursuant to subsection (g), 89 Stat. 2700 (1978), 23  7,355        

U.S.C.A. 131, nor approve any application for reimbursement made   7,356        

under division (C) of section 5516.08 of the Revised Code,         7,357        

unless, until, and to the extent that federal funds for the        7,358        

federal share of compensation therefor have been appropriated by   7,359        

the federal government and made available to the director for      7,360        

such purposes.  A NONCONFORMING ADVERTISING DEVICE FOUND TO BE IN  7,362        

VIOLATION OF ANY OF THE PROVISIONS OF THIS CHAPTER OR THE RULES    7,363        

ADOPTED THEREUNDER MAY BE SUBJECT TO REMOVAL WITHOUT                            

COMPENSATION.  A NONCONFORMING ADVERTISING DEVICE MAY BE SOLD,     7,364        

LEASED, OR OTHERWISE TRANSFERRED WITHOUT AFFECTING ITS STATUS,     7,365        

BUT ITS LOCATION MAY NOT BE CHANGED.  THE DIRECTOR MAY ADOPT       7,367        

RULES REGARDING THE REPAIR OR MAINTENANCE OF, OR CHANGES TO,       7,368        

NONCONFORMING ADVERTISING DEVICES, INCLUDING THE SIZE, LIGHTING,   7,369        

REPLACEMENT, REBUILDING, OR RE-ERECTION OF THE STRUCTURE, AND      7,370        

DAMAGE OR DEPRECIATION OF THE NONCONFORMING ADVERTISING DEVICE.    7,371        

      Sec. 5516.08.  (A)  The director of transportation, or a     7,381        

state, county, MUNICIPAL, or OTHER local zoning authority, may     7,383        

order the removal of NONCONFORMING advertising devices that are    7,384        

nonconforming in accordance with LAWFULLY MAINTAINED PURSUANT TO   7,385        

section 5516.07 of the Revised Code, or with UNDER a zoning        7,386        

ordinance or regulation, and each.  EACH such removal of an        7,388        

advertising device ordered by the director or zoning authority     7,390        

                                                          176    

                                                                 
shall be deemed to constitute a taking of all right, title, and    7,391        

interest in such advertising device, including any leasehold       7,392        

interest, of the owner of the advertising device and of the right  7,393        

of the owner of the real property on which the advertising device  7,394        

is located to erect and maintain such advertising device thereon.  7,395        

The director or zoning authority shall pay JUST compensation for   7,396        

all such interests in any such taking, in the same manner as       7,397        

other property is acquired pursuant to Chapter 163. of the         7,398        

Revised Code, notwithstanding the right or obligation of the       7,399        

owner of such advertising device, as against the owner of the      7,400        

real property on which the advertising device is located, to       7,401        

remove such device at any time.  THE DIRECTOR, OR A STATE,         7,402        

COUNTY, MUNICIPAL, OR OTHER LOCAL ZONING AUTHORITY IS AUTHORIZED   7,403        

TO ACQUIRE BY GIFT, PURCHASE, OR APPROPRIATION, DEVICES ORDERED    7,404        

REMOVED UNDER THIS SECTION.                                                     

      If the director or zoning authority and any such owner of a  7,406        

compensable right or interest under this section do not reach      7,407        

agreement as to the amount of compensation to be paid for the      7,408        

taking of such right or interest, the director or zoning           7,409        

authority shall institute an action to appropriate the interest    7,410        

of such person in accordance with Chapter 163. of the Revised      7,411        

Code.  In any such action, loss of business shall not be           7,412        

considered an item of compensable damages.                         7,413        

      Neither the director nor a state, county, MUNICIPAL, or      7,415        

OTHER local zoning authority shall enter upon any property         7,417        

pursuant to a removal order to cause the physical removal of any   7,418        

NONCONFORMING advertising device, for which an owner is entitled   7,420        

to JUST compensation, until the owner and the director or zoning   7,421        

authority have reached agreement as to the compensation to be      7,422        

paid or until the compensation proposed to be paid by the          7,423        

director or zoning authority has been deposited pursuant to        7,424        

section 163.06 of the Revised Code.                                             

      (B)  The DIRECTOR SHALL NOT ORDER THE REMOVAL OF ANY         7,427        

ADVERTISING DEVICE FOR WHICH FEDERAL REIMBURSEMENT IS              7,428        

                                                          177    

                                                                 
CONTEMPLATED PURSUANT TO 23 U.S.C.A. 131(g), NOR APPROVE ANY       7,429        

APPLICATION FOR REIMBURSEMENT MADE UNDER DIVISION (C) OF THIS      7,430        

SECTION, UNLESS AND UNTIL FEDERAL FUNDS FOR THE FEDERAL SHARE OF   7,431        

COMPENSATION THEREFOR HAVE BEEN APPROPRIATED BY THE FEDERAL        7,432        

GOVERNMENT AND MADE AVAILABLE TO THE DIRECTOR FOR SUCH PURPOSES.                

THE director shall provide by regulation RULE for the making of    7,435        

reimbursements to state, county, MUNICIPAL, and OTHER local        7,436        

zoning authorities for the removal of NONCONFORMING advertising    7,437        

devices for which federal reimbursement is contemplated pursuant   7,439        

to subsection (g), 89 Stat. 2700 (1978), 23 U.S.C.A. 131.          7,440        

      (C)  No state, county, MUNICIPAL, or OTHER local zoning      7,442        

authority shall be reimbursed by the director for the removal of   7,444        

any NONCONFORMING advertising device as provided in this section   7,446        

unless the zoning authority, prior to such removal, makes          7,447        

application for reimbursement to the director and the director     7,448        

approves the application.  The application shall include such      7,449        

information as the director requires by regulation RULE.           7,450        

      Sec. 5516.09.  UNLESS OTHERWISE PROVIDED BY LAW, BOTH OF     7,452        

THE FOLLOWING ARE PROHIBITED:                                      7,453        

      (A)  THE USE OF THE RIGHT-OF-WAY OF A LIMITED ACCESS         7,455        

HIGHWAY FOR CONSTRUCTION, MAINTENANCE, OR COPY CHANGE OF A LAWFUL  7,456        

ADVERTISING DEVICE;                                                             

      (B)  THE USE OF THE RIGHT-OF-WAY OF ANY HIGHWAY OTHER THAN   7,458        

A LIMITED ACCESS HIGHWAY TO CONSTRUCT, MAINTAIN, OR SERVICE A      7,460        

LAWFUL ADVERTISING DEVICE WITHOUT THE WRITTEN PERMISSION OF THE    7,461        

APPROPRIATE DISTRICT OFFICE OF THE DEPARTMENT OF TRANSPORTATION.   7,462        

      Sec. 5516.10.  (A)  No private off-premise advertising       7,471        

device shall be erected or a conforming advertising device         7,472        

maintained within the areas covered by divisions (A) and (D) of    7,473        

section 5516.02 and divisions (A) and (F) of section 5516.06 of    7,474        

the Revised Code without a permit.  No nonconforming advertising   7,475        

device may be maintained without a permit, except that permits     7,476        

shall be issued to maintain nonconforming advertising devices      7,477        

subject to the limitations set forth in section 5516.07 of the     7,478        

                                                          178    

                                                                 
Revised Code.  If such a permit has been previously issued by a    7,479        

municipal authority, a copy thereof may be furnished to the        7,480        

director of transportation in lieu of securing a new permit as     7,481        

required by this section PERSON SHALL DO EITHER OF THE FOLLOWING   7,482        

WITHOUT FIRST OBTAINING A PERMIT AND PERMIT PLATES FROM THE        7,483        

DIRECTOR OF TRANSPORTATION:                                        7,484        

      (1)  ERECT, USE, MAINTAIN, OPERATE, CONSTRUCT, OR CAUSE OR   7,486        

PERMIT TO BE ERECTED, USED, MAINTAINED, OPERATED, OR CONSTRUCTED,  7,487        

ANY ADVERTISING DEVICE LOCATED IN:                                 7,488        

      (a)  COMMERCIAL OR INDUSTRIAL ZONES TRAVERSED BY SEGMENTS    7,490        

OF THE INTERSTATE SYSTEM WITHIN THE BOUNDARIES OF A MUNICIPAL      7,491        

CORPORATION AS SUCH BOUNDARIES EXISTED ON SEPTEMBER 21, 1959; OR   7,492        

      (b)  LOCATED IN ZONED OR UNZONED INDUSTRIAL OR COMMERCIAL    7,494        

AREAS ADJACENT TO HIGHWAYS ON THE PRIMARY SYSTEM; OR               7,495        

      (2)  MAINTAIN ANY NONCONFORMING ADVERTISING DEVICE.          7,497        

      (B)  Applications for such permits A PERMIT shall be made    7,499        

to the director or, within a municipal corporation, to the         7,500        

municipal authority designated by its legislative authority, and   7,501        

permits authorized herein shall not unreasonably be withheld,      7,502        

provided that no permit for the erection of an advertising device  7,503        

under division (A) of section 5516.02 or division (A) of section   7,504        

5516.06 of the Revised Code shall be issued by a municipal         7,505        

authority without the prior approval of the director.  The         7,506        

applications and permits shall be on forms designated by the       7,507        

director, and a copy of any such permits issued by a municipal     7,508        

corporation shall be furnished to the director prior to its        7,509        

effective date.  The director or municipal authority may make a    7,510        

charge for any advertising device permit issued under authority    7,511        

of this section, such charge to be based on the reasonable cost    7,512        

of administering and processing such permits.  However, the        7,513        

director may not make a charge for any advertising device permit   7,514        

for an advertising device maintained or erected within the areas   7,515        

covered by division (A) of section 5516.02 or division (A) of      7,516        

section 5516.06 of the Revised Code ON FORMS PRESCRIBED BY THE     7,518        

                                                          179    

                                                                 
DIRECTOR, AND A SEPARATE APPLICATION MUST BE SUBMITTED FOR EACH    7,519        

SIGN FACE.  THE DIRECTOR SHALL ADOPT RULES SETTING FORTH THE       7,520        

REQUIREMENTS FOR COMPLETION OF THE APPLICATION PROCESS AND THE     7,521        

ISSUANCE OF PERMITS CONSISTENT WITH THE PROVISIONS OF THIS         7,522        

SECTION.                                                                        

      (1)  AS PART OF THE APPLICATION PROCESS, THE DIRECTOR MAY    7,524        

REQUIRE AN ACKNOWLEDGMENT TO BE SIGNED BY THE OWNER OR PERSON IN   7,525        

LAWFUL POSSESSION OR CONTROL OF THE PROPOSED LOCATION OF THE       7,526        

ADVERTISING DEVICE.  SUCH ACKNOWLEDGMENT MAY INCLUDE, BUT SHALL    7,527        

NOT BE LIMITED TO, A STATEMENT THAT THE APPLICANT HAS THE RIGHT    7,528        

TO OCCUPY THE LAND AT THE SUBJECT LOCATION, THAT IF AT ANY TIME    7,529        

REMOVAL IS REQUIRED, THE OWNER OR PERSON IN LAWFUL POSSESSION OR                

CONTROL OF THE LOCATION MAY BE JOINTLY LIABLE, AND THAT THE        7,530        

APPLICANT MAY ONLY OCCUPY THE LAND FOR A SPECIFIED TIME PERIOD.    7,531        

IF LEGAL USE OF THE LOCATION IS TERMINATED AT ANY TIME DURING THE  7,532        

PERMIT PERIOD, THE PERMIT IS SUBJECT TO CANCELLATION PURSUANT TO   7,533        

SECTION 5516.12 OF THE REVISED CODE.                                            

      (2)  AS PART OF THE APPLICATION PROCESS, THE DIRECTOR MAY    7,535        

REQUIRE AN APPLICANT OR THE APPLICANT'S AUTHORIZED REPRESENTATIVE  7,536        

TO CERTIFY IN A NOTARIZED SIGNED STATEMENT THAT THE APPLICANT HAS  7,537        

NOT KNOWINGLY PROVIDED MATERIALLY FALSE, MISLEADING, OR            7,538        

INACCURATE INFORMATION.                                            7,539        

      (3)  EACH APPLICATION SHALL BE ACCOMPANIED BY THE            7,541        

APPROPRIATE APPLICATION FEE AS SET FORTH IN THE FEE SCHEDULE       7,542        

ESTABLISHED BY THE DIRECTOR.  SUCH FEE SCHEDULE SHALL BE BASED ON  7,543        

THE REASONABLE COST OF ADMINISTERING AND PROCESSING SUCH PERMITS.  7,544        

APPLICATION FEES SHALL BE NONREFUNDABLE.                                        

      (4)  APPLICATIONS FOR PERMITS WILL BE DISAPPROVED AND        7,546        

PERMITS WILL NOT BE ISSUED UNDER ANY OF THE FOLLOWING CONDITIONS:  7,547        

      (a)  THE PROPOSED LOCATION FOR AN ADVERTISING DEVICE IS NOT  7,549        

VISIBLE FROM THE MAIN TRAVELED PORTION OF THE HIGHWAY DUE TO       7,550        

EXISTING LANDSCAPING ON THE RIGHT-OF-WAY OF ANY HIGHWAY;           7,551        

      (b)  THE ADVERTISING DEVICE CAN BE ERECTED OR MAINTAINED     7,553        

ONLY FROM THE RIGHT-OF-WAY OF AN INTERSTATE OR PRIMARY HIGHWAY     7,554        

                                                          180    

                                                                 
SYSTEM;                                                                         

      (c)  THE PROPOSED LOCATION FOR THE ADVERTISING DEVICE IS ON  7,556        

LAND THAT IS USED PRINCIPALLY AS A RESIDENCE;                      7,557        

      (d)  THE ADVERTISING DEVICE IS ERECTED OR MAINTAINED ON      7,559        

TREES, OR PAINTED OR DRAWN UPON ROCKS OR OTHER NATURAL FEATURES;   7,560        

      (e)  THE ADVERTISING DEVICE WOULD BE A TRAFFIC HAZARD OR A   7,562        

DANGER TO THE SAFETY OF THE TRAVELING PUBLIC;                      7,563        

      (f)  THE ADVERTISING DEVICE WOULD PREVENT THE DRIVER OF A    7,565        

MOTOR VEHICLE FROM HAVING A CLEAR AND UNOBSTRUCTED VIEW OF         7,566        

OFFICIAL SIGNS AND APPROACHING OR MERGING TRAFFIC;                 7,567        

      (g)  THE ADVERTISING DEVICE IS ILLUMINATED SO AS TO          7,569        

INTERFERE WITH THE EFFECTIVENESS OF AN OFFICIAL SIGN, SIGNAL, OR   7,570        

OTHER TRAFFIC CONTROL DEVICE;                                      7,571        

      (h)  THE ADVERTISING DEVICE ATTEMPTS, OR APPEARS TO          7,573        

ATTEMPT, TO DIRECT THE MOVEMENT OF TRAFFIC, OR INTERFERES WITH,    7,574        

IMITATES, OR RESEMBLES AN OFFICIAL SIGN, SIGNAL, OR OTHER TRAFFIC  7,575        

CONTROL DEVICE.                                                                 

      (C)  The issuance of a permit under this section shall not   7,577        

be construed to invalidate municipal ordinances requiring a        7,578        

permit or license or providing for an inspection fee for           7,579        

advertising devices, or regulating such advertising devices.  The  7,580        

cost of THE APPLICATION FEE FOR SUCH permits or licenses issued,   7,581        

or THE COST OF INITIAL inspection fees charged under municipal     7,583        

ordinances shall be credited against and shall reduce the cost of  7,584        

the permit issued BY THE DIRECTOR under this section.  IF A                     

PERMIT IS ISSUED BY A ZONING AUTHORITY PURSUANT TO ITS             7,585        

ORDINANCES, RULES, OR REGULATIONS CONTROLLING OUTDOOR ADVERTISING  7,586        

DEVICES, A COPY THEREOF SHALL BE FURNISHED TO THE DIRECTOR WITH    7,587        

ANY APPLICATION FOR A NEW PERMIT REQUIRED BY THIS SECTION OR       7,589        

WITHIN THIRTY DAYS OF ITS ISSUANCE BY A ZONING AUTHORITY.                       

      (D)  WHERE AN APPLICATION IS SUBMITTED FOR THE ERECTION,     7,591        

USE, MAINTENANCE, OPERATION, OR CONSTRUCTION OF AN ADVERTISING     7,592        

DEVICE, THE DIRECTOR MAY CONDITIONALLY APPROVE SUCH APPLICATION    7,593        

AS TO LOCATION ONLY, AND FINAL APPROVAL WILL REMAIN PENDING UNTIL  7,594        

                                                          181    

                                                                 
THE ADVERTISING DEVICE IS ERECTED, USED, MAINTAINED, CONSTRUCTED,  7,595        

OR BECOMES OPERATIONAL.  UPON NOTIFICATION BY THE PERMIT           7,596        

APPLICANT THAT THE ERECTION, USE, MAINTENANCE, CONSTRUCTION, OR                 

OPERATION OF THE ADVERTISING DEVICE IS COMPLETED, THE DIRECTOR     7,597        

SHALL VERIFY THAT THE ADVERTISING DEVICE COMPLIES WITH THE TERMS   7,598        

AND CONDITIONS OF THE CONDITIONAL PERMIT.  UPON VERIFICATION OF    7,599        

COMPLIANCE WITH THE TERMS AND CONDITIONS OF THE CONDITIONAL        7,601        

PERMIT, THE DIRECTOR MAY APPROVE AND ISSUE A PERMIT AND PERMIT     7,602        

PLATES WHICH SHALL BE SECURELY AND PERMANENTLY ATTACHED IN THE                  

CORNER OF THE FACE OF THE ADVERTISING DEVICE NEAREST TO THE        7,603        

HIGHWAY IN SUCH A MANNER AS TO BE VISIBLE FROM THE MAIN TRAVELED   7,604        

WAY OF THE INTERSTATE OR PRIMARY HIGHWAY SYSTEM.  REPLACEMENT      7,605        

PLATES MAY BE ISSUED UPON REQUEST AND UPON THE PAYMENT OF A        7,606        

REPLACEMENT FEE TO BE DETERMINED BY THE DIRECTOR.                               

      (E)  ALL PERMITS ISSUED PURSUANT TO THIS SECTION SHALL BE    7,608        

IN EFFECT FOR A PERIOD OF ONE YEAR.  PERMITS MAY BE RENEWED UPON   7,609        

APPLICATION MADE ON FORMS DESIGNATED BY THE DIRECTOR AND UPON THE  7,610        

PAYMENT OF A NONREFUNDABLE RENEWAL FEE IN AN AMOUNT TO BE          7,611        

DETERMINED BY THE DIRECTOR BASED ON THE REASONABLE COST OF         7,612        

ADMINISTERING AND PROCESSING SUCH RENEWAL PERMITS.  ANY PERMITS    7,613        

THAT ARE NOT RENEWED, AND ANY PERMIT PLATES ISSUED IN CONNECTION                

WITH SUCH PERMITS, SHALL BE RETURNED TO THE DIRECTOR FOR           7,614        

CANCELLATION BY THE EXPIRATION DATE.  THE DIRECTOR MAY ADOPT       7,615        

RULES FOR THE REINSTATEMENT OF PERMITS CANCELED AS A RESULT OF     7,616        

NONPAYMENT OF RENEWAL FEES, AND SHALL DEVELOP A FEE SCHEDULE FOR   7,617        

LATE RENEWALS.                                                                  

      (F)  WHERE THE DIRECTOR CONDITIONALLY APPROVES THE ISSUANCE  7,619        

OF A PERMIT AS TO LOCATION ONLY AND THE PERMIT APPLICANT FAILS TO  7,620        

EXERCISE THE PRIVILEGE OF CONSTRUCTING, ERECTING, USING,           7,621        

OPERATING, OR MAINTAINING AN ADVERTISING DEVICE WITHIN THE PERIOD  7,622        

FOR WHICH THE PERMIT WAS ISSUED, SUCH PERMIT SHALL NOT BE RENEWED  7,623        

UNLESS A RENEWAL FEE IS PAID TO EXTEND THE PRIVILEGE FOR ONE       7,624        

ADDITIONAL PERMIT PERIOD.  NO CONDITIONAL PERMIT SHALL BE RENEWED  7,625        

AND NO EXTENSIONS SHALL BE GRANTED AFTER THE SECOND RENEWAL        7,626        

                                                          182    

                                                                 
PERIOD.                                                                         

      (G)  PERMITS FOR ADVERTISING DEVICES ERECTED AND MAINTAINED  7,628        

WITH A VALID PERMIT ISSUED BEFORE JULY 1, 1997, MAY BE RENEWED     7,629        

UNLESS THE DIRECTOR FINDS THAT THE PERMIT APPLICATION CONTAINS     7,630        

MATERIALLY FALSE, MISLEADING, OR INACCURATE INFORMATION OR THE     7,631        

SIGN HAS BEEN ERECTED OR MAINTAINED CONTRARY TO THE PROVISIONS OF  7,632        

THIS CHAPTER OR THE RULES ADOPTED THEREUNDER, AND IN SUCH EVENT    7,633        

THE DIRECTOR MAY TAKE APPROPRIATE ACTION PURSUANT TO SECTION       7,634        

5516.12 OF THE REVISED CODE.  AN APPLICANT WHO HAS A CONDITIONAL                

PERMIT ISSUED BY THE DIRECTOR BEFORE THE EFFECTIVE DATE OF THIS    7,635        

AMENDMENT AND WHO HAS NOT YET EXERCISED THE PRIVILEGE OF           7,637        

CONSTRUCTING, USING, OPERATING, ERECTING, OR MAINTAINING AN        7,638        

ADVERTISING DEVICE AT THE PROPOSED LOCATION AS OF THAT EFFECTIVE   7,639        

DATE, SHALL HAVE UNTIL DECEMBER 31, 1997, TO COMPLY WITH THE       7,640        

TERMS AND CONDITIONS OF THE CONDITIONAL PERMIT OR SUCH PERMIT      7,641        

SHALL BE CANCELED.  HOWEVER, THE APPLICANT MAY REQUEST THAT THE    7,643        

CONDITIONAL PERMIT BE RENEWED BY SUBMITTING A RENEWAL APPLICATION               

AND PAYING A NONREFUNDABLE RENEWAL FEE TO EXTEND THE PRIVILEGE     7,644        

FOR ONE ADDITIONAL PERMIT PERIOD.                                  7,645        

      (H)  PERMITS MAY BE TRANSFERRED FROM ONE SIGN OWNER TO       7,647        

ANOTHER UPON WRITTEN ACKNOWLEDGMENT FROM THE CURRENT PERMITTEE     7,648        

AND THE PAYMENT OF A TRANSFER FEE IN AN AMOUNT TO BE DETERMINED    7,649        

BY THE DIRECTOR FOR EACH PERMIT TO BE TRANSFERRED.  THE NEW        7,650        

PERMIT HOLDER IS SUBJECT TO ALL THE TERMS AND CONDITIONS OF THE    7,651        

PRIOR PERMIT HOLDER AND SHALL BE SUBJECT TO ALL PROVISIONS OF      7,652        

THIS CHAPTER AND THE RULES ADOPTED THEREUNDER.                                  

      Sec. 5516.11.  THIS CHAPTER DOES NOT AFFECT THE AUTHORITY    7,661        

OF A STATE, COUNTY, MUNICIPAL, OR OTHER LOCAL ZONING AUTHORITY TO  7,663        

ZONE AREAS FOR COMMERCIAL OR INDUSTRIAL PURPOSES UNDER ITS                      

RESPECTIVE ZONING LAWS.  Whenever a state, county, MUNICIPAL, or   7,665        

OTHER local zoning authority has ADOPTED COMPREHENSIVE ZONING AND  7,666        

established RULES AND regulations that control CONTROLLING the     7,667        

size, lighting, and spacing of outdoor advertising devices, THAT   7,668        

are EQUIVALENT TO AND consistent with the intent of this act, and  7,669        

                                                          183    

                                                                 
are part of a bona fide commercial and industrial zoning plan      7,670        

CHAPTER, such RULES AND regulations will be accepted in lieu of    7,671        

the controls provided in division (D) of section 5516.02 and in    7,672        

sections 5516.06 and 5516.09 SECTION 5516.061 of the Revised Code  7,674        

in the zoned commercial and industrial areas ZONES within the      7,675        

geographical jurisdiction of such authority.                                    

      Whenever a zoning authority establishes such NEW             7,677        

COMPREHENSIVE ZONING RULES OR regulations, a copy thereof shall    7,679        

be furnished to the director of transportation within thirty days  7,680        

after its passage.                                                              

      Chapter 5516. of the Revised Code shall not be construed to  7,682        

allow the erection of an advertising device in an area zoned BY    7,683        

STATE, COUNTY, MUNICIPAL, OR OTHER LOCAL AUTHORITIES to exclude    7,684        

such devices.                                                                   

      Sec. 5516.12.  Any advertising device that violates          7,694        

sections 5516.06 to 5516.13 of the Revised Code is a public and    7,695        

private nuisance and the THE director of transportation MAY        7,696        

DISAPPROVE, CANCEL, OR REVOKE ANY PERMIT REQUESTED OR ISSUED       7,697        

UNDER THIS CHAPTER IF THE DIRECTOR DETERMINES ANY OF THE           7,698        

FOLLOWING:                                                                      

      (A)  THAT THE APPLICATION FOR THE PERMIT CONTAINS            7,700        

MATERIALLY FALSE, MISLEADING, OR INACCURATE INFORMATION;           7,701        

      (B)  AN ADVERTISING DEVICE HAS BEEN ERECTED OR MAINTAINED    7,703        

CONTRARY TO THE TERMS AND CONDITIONS OF THE PERMIT;                7,704        

      (C)  THE REQUIRED FEE HAS NOT BEEN PAID;                     7,706        

      (D)  THAT THE LOCATION DOES NOT CONFORM TO THE LAWS AND      7,708        

RULES OF THE STATE;                                                7,709        

      (E)  THAT ANY OTHER PROVISIONS OF THIS CHAPTER OR THE RULES  7,711        

ADOPTED THEREUNDER HAVE BEEN VIOLATED.                             7,712        

      THE DIRECTOR shall give thirty days' notice, by certified    7,715        

mail, to the owner or lessee of the land on which such             7,716        

advertising device is located and to the owner of such             7,717        

advertising device, if known, to remove such advertising device,   7,718        

or to cause it to conform to the requirements of this chapter.     7,719        

                                                          184    

                                                                 
If the owner of such advertising device is unknown, the director   7,720        

shall make a reasonable attempt to ascertain the identity of such  7,721        

owner.                                                                          

      If any such advertising device has not been removed or       7,723        

caused to be conformed on or before the expiration of thirty days  7,724        

following the receipt of said notice by the owner or lessee of     7,725        

the land upon which the advertising device is located and the      7,726        

owner of the advertising device, if known, the director, or any    7,727        

of his duly authorized agents, may, at his discretion, either:     7,729        

      (A)  Remove, obliterate, or abate the advertising device.    7,731        

The cost or expense of such removal, obliteration, or abatement    7,732        

shall be paid by the director out of any appropriation of the      7,733        

department of transportation available for the establishment,      7,734        

using, maintaining, or repairing of highways and the amount        7,735        

thereof shall be certified to the attorney general for collection  7,736        

by civil action against the person maintaining or erecting such    7,737        

advertising device.                                                7,738        

      (B)  File a complaint by petition in the court of common     7,740        

pleas of the county in which such advertising device is located,   7,741        

and, upon a finding by the court that a violation of sections      7,742        

5516.06 to 5516.13 of the Revised Code, exists as alleged in the   7,743        

petition, the court shall enter an order of abatement against the  7,744        

person erecting or maintaining such advertising device, or         7,745        

against the owner of the land upon which such advertising device   7,746        

is situated.                                                       7,747        

      SUCH NOTICE MAY SPECIFY ANY REMEDIAL ACTION THAT IS          7,749        

REQUIRED TO CORRECT ANY FALSE OR MISLEADING INFORMATION OR OTHER   7,750        

VIOLATION OF THIS CHAPTER AND ADVISE THAT FAILURE TO TAKE THE      7,751        

REMEDIAL ACTION WITHIN THIRTY DAYS MAY RESULT IN DENIAL,           7,752        

CANCELLATION, OR REVOCATION OF THE PERMIT AND REMOVAL OF THE                    

ADVERTISING DEVICE.  THE WRITTEN NOTICE SHALL FURTHER STATE THAT   7,753        

THE APPLICANT, OR OWNER OF THE ADVERTISING DEVICE, OR THE OWNER    7,754        

OR LESSEE OF THE LAND ON WHICH THE ADVERTISING DEVICE IS LOCATED,  7,755        

HAS A RIGHT TO AN ADJUDICATION HEARING PURSUANT TO SECTION 119.06  7,756        

                                                          185    

                                                                 
OF THE REVISED CODE, WHICH REQUEST MUST BE FILED WITH THE          7,757        

DIRECTOR WITHIN THIRTY DAYS AFTER THE RECEIPT OF THE WRITTEN                    

NOTICE.  IF A HEARING IS REQUESTED, IT SHALL BE CONDUCTED IN       7,758        

ACCORDANCE WITH THE PROVISIONS OF SECTIONS 119.01 TO 119.13 OF     7,759        

THE REVISED CODE AND ANY RULES ADOPTED BY THE DIRECTOR             7,760        

ESTABLISHING PROCEDURES FOR SUCH HEARINGS.                                      

      UPON THE EXPIRATION OF THE THIRTY DAYS' NOTICE, IF NO        7,762        

REQUEST FOR AN ADJUDICATION HEARING HAS BEEN FILED WITH THE        7,763        

DIRECTOR, THE DIRECTOR MAY DECLARE THE ADVERTISING DEVICE TO BE A  7,764        

PUBLIC AND PRIVATE NUISANCE AND ORDER ITS REMOVAL.  REMOVAL OF     7,765        

THE ADVERTISING DEVICE SHALL PROCEED IN ACCORDANCE WITH DIVISIONS  7,766        

(B) AND (C) OF SECTION 5516.04 OF THE REVISED CODE.                             

      Sec. 5516.13.  The director of transportation shall          7,776        

exercise the powers and perform the duties delegated to him THE    7,777        

DIRECTOR by sections 5516.06 5516.02 to 5516.13 5516.14 of the     7,780        

Revised Code, in accordance with sections 119.01 to 119.04 RULES                

THE DIRECTOR SHALL ADOPT UNDER CHAPTER 119. of the Revised Code.   7,782        

      Any person adversely affected by such an exercise of powers  7,784        

or the performance of duties so delegated to the director has the  7,785        

right of appeal provided in section 119.11 of the Revised Code.    7,786        

      Sec. 5516.14.  THE DIRECTOR MAY ISSUE A PERMIT TO ANY SIGN   7,788        

OWNER WHO HAS A LAWFUL PERMIT ISSUED PURSUANT TO SECTION 5516.10   7,789        

OF THE REVISED CODE TO REMOVE, CUT, AND TRIM VEGETATION LOCATED    7,790        

ON THE RIGHT-OF-WAY OF ANY HIGHWAY OF THE INTERSTATE OR PRIMARY    7,791        

SYSTEM ADJACENT TO THE PERMITTED ADVERTISING DEVICE AND REPLACE    7,792        

THE SAME AS DIRECTED, WHENEVER SUCH VEGETATION PREVENTS CLEAR      7,793        

VISIBILITY FROM THE MAIN TRAVELED WAY OF SUCH HIGHWAY.  THE        7,794        

DIRECTOR SHALL ADOPT RULES FOR THE ENFORCEMENT OF THIS SECTION.    7,795        

THE RULES MAY INCLUDE REQUIREMENTS FOR APPROPRIATE VEHICLE         7,797        

IDENTIFICATION SIGNAGE, APPROPRIATE BOND OR INSURANCE, DISTANCE    7,798        

LIMITS, AND ANY OTHER CONDITIONS AS MAY BE REQUIRED BY THE         7,799        

DIRECTOR.                                                                       

      AN APPLICATION FOR A VEGETATION PERMIT SHALL BE MADE ON      7,801        

FORMS DESIGNATED BY THE DIRECTOR AND A SEPARATE APPLICATION MUST   7,802        

                                                          186    

                                                                 
BE SUBMITTED FOR EACH SIGN FACE.  EACH APPLICATION SHALL BE        7,803        

ACCOMPANIED BY A NONREFUNDABLE APPLICATION FEE IN AN AMOUNT TO BE  7,804        

DETERMINED BY THE DIRECTOR.  PERMITS ISSUED HEREUNDER SHALL RUN                 

FOR A PERIOD OF ONE YEAR AND MAY BE RENEWED UPON APPLICATION MADE  7,805        

UPON FORMS PRESCRIBED BY THE DIRECTOR AND UPON THE PAYMENT OF A    7,806        

NONREFUNDABLE RENEWAL FEE IN AN AMOUNT TO BE DETERMINED BY THE     7,807        

DIRECTOR.  ANY PERMITS THAT ARE NOT RENEWED SHALL BE RETURNED TO   7,808        

THE DIRECTOR FOR CANCELLATION BY THE EXPIRATION DATE.              7,809        

      THE DIRECTOR MAY MODIFY ANY VEGETATION PERMIT AS IS          7,811        

CONSIDERED NECESSARY FOR THE SAFETY OF THE TRAVELING PUBLIC.  THE  7,812        

DIRECTOR MAY REVOKE, CANCEL, OR DISAPPROVE A PERMIT OR AN          7,813        

APPLICATION PURSUANT TO SECTION 5516.12 OF THE REVISED CODE FOR                 

ANY VIOLATION OF THIS SECTION OR THE RULES ADOPTED THEREUNDER.     7,814        

      Sec. 5516.99.  Whoever erects or maintains an advertising    7,823        

device in violation of sections 5516.01 to 5516.13, inclusive,     7,824        

5516.14 of the Revised Code, OR RULES ADOPTED THEREUNDER, shall    7,825        

be fined not less than one hundred nor more than one FIVE          7,826        

thousand dollars.                                                  7,827        

      Sec. 5525.03.  All prospective bidders other than            7,837        

environmental remediators and specialty contractors for which      7,838        

there are no classes of work provided for in the rules adopted by  7,839        

the director of transportation shall apply for qualification on    7,840        

forms prescribed and furnished by the director.  The application   7,841        

shall be accompanied by a certificate of compliance with           7,842        

affirmative action programs issued pursuant to section 9.47 of     7,843        

the Revised Code and dated no earlier than one hundred eighty      7,844        

days prior to the date fixed for the opening of bids for a         7,845        

particular project.  The director shall act upon an application    7,846        

for qualification within thirty days after it is presented to the  7,848        

director.  Upon the receipt of any application for qualification,  7,849        

the director shall examine the application to determine whether    7,850        

the applicant is competent and responsible and possesses the       7,851        

financial resources required by section 5525.04 of the Revised     7,852        

Code.  If the applicant is found to possess the qualifications                  

                                                          187    

                                                                 
prescribed by sections 5525.02 to 5525.09 of the Revised Code and  7,853        

by rules adopted by the director, including a certificate of       7,854        

compliance with affirmative action programs, a certificate of      7,855        

qualification shall be issued to the applicant, which shall be     7,857        

valid for the period of one year or such shorter period of time                 

as the director prescribes, unless revoked by the director for     7,858        

cause as defined by rules adopted by the director under section    7,859        

5525.05 of the Revised Code.  The certificate of qualification     7,860        

shall contain a statement fixing the aggregate amount of work,     7,861        

for any or all owners, that the applicant may have under           7,862        

construction and uncompleted at any one time and may contain a     7,863        

statement limiting such bidder to the submission of bids upon a    7,864        

certain class of work.  Subject to any restriction as to amount    7,865        

or class of work therein contained, the certificate of             7,866        

qualification shall authorize its holder to bid on all work on     7,867        

which bids are taken by the department of transportation during    7,868        

the period of time therein specified.  An applicant who has        7,869        

received a certificate of qualification and desires to amend the   7,870        

certificate by the dollar amount or by the classes of work may     7,871        

submit to the director such documentation as the director          7,872        

considers appropriate.  The director shall review the              7,873        

documentation submitted by the applicant and, within fifteen       7,874        

days, shall either amend the certificate of qualification or deny  7,875        

the request.  If the director denies the request to amend the      7,876        

certificate, the applicant may appeal that decision to the         7,877        

director's prequalification review board in accordance with        7,878        

section 5525.07 of the Revised Code.  Two or more persons,         7,880        

partnerships, or corporations may bid jointly on any one project,  7,881        

but only on condition that prior to the time bids are taken on     7,882        

the project the bidders make a joint application for               7,883        

qualification and obtain a joint certificate qualification.        7,884        

      A certificate of qualification may be revoked by the         7,886        

director only after notice to the qualified bidder and an          7,887        

opportunity to be heard, which notice and hearing shall be in      7,888        

                                                          188    

                                                                 
accordance with Chapter 119. of the Revised Code.  The notice      7,889        

shall be in writing and state the grounds of the proposed          7,890        

revocation.  An qualified bidder, aggrieved by the decision of     7,891        

the director upon the matter of revoking the bidder's              7,892        

certificate, may appeal from that decision in the manner provided  7,893        

by Chapter 119. of the Revised Code.                               7,894        

      The director may debar from participating in future          7,896        

contracts with the department any bidding company as well as any   7,897        

partner of a partnership, or the officers and directors of an      7,898        

association or corporation if the certificate of qualification of  7,899        

the company, partnership, association, or corporation is revoked   7,900        

or not renewed by the director.  When the director reasonably      7,903        

believes that grounds for REVOCATION AND debarment exist, the      7,904        

director shall send the bidding company and any individual         7,905        

involved a notice of proposed REVOCATION AND debarment indicating  7,907        

the grounds for debarment SUCH ACTION as established in rules      7,908        

adopted by the director under section 5525.05 of the Revised Code  7,909        

and the procedure for requesting a hearing.  The notice and        7,911        

hearing shall be in accordance with Chapter 119. of the Revised    7,913        

Code.  If the bidding company or individual does not respond with  7,914        

a request for a hearing in the manner specified in Chapter 119.    7,915        

of the Revised Code, the director shall REVOKE THE CERTIFICATE     7,917        

AND issue the debarment decision without a hearing and shall       7,918        

notify the bidding company or individual of the decision by        7,919        

certified mail, return receipt requested.  The debarment period    7,921        

may be of any length determined by the director and the director   7,922        

may modify or rescind the debarment at any time.  During the       7,923        

period of debarment, the director shall not issue a certificate    7,924        

of qualification for any company, partnership, association, or     7,925        

corporation affiliated with a debarred individual.  After the      7,926        

debarment period expires, the bidding company or individual, and   7,927        

any partnership, association, or corporation affiliated with the   7,928        

individual may make an application for qualification.                           

      Sec. 5525.07.  All applicants for qualification shall be     7,937        

                                                          189    

                                                                 
promptly notified by the director of transportation of the         7,938        

director's final action on their applications.  Any applicant,     7,939        

OTHER THAN ONE WHO HAS BEEN DEBARRED, aggrieved by the decision    7,941        

of the director may file a new application at any time for         7,942        

qualification or, within ten days after receiving notification of  7,943        

such decision, the applicant may request, in writing, a            7,944        

reconsideration of the application by a prequalification review    7,945        

board, which the director shall create within the department of    7,946        

transportation with the request for reconsideration, the           7,947        

applicant shall submit additional evidence bearing on the          7,948        

applicant's qualifications.  The review board shall consider the   7,949        

matter and either may adhere to or modify the director's previous  7,951        

decision.  The review board shall act upon any request for         7,953        

reconsideration within fifteen days after the hearing and shall    7,954        

notify the applicant of the action taken.  Upon being notified of  7,956        

the final action of the review board upon reconsideration, any     7,957        

applicant that is still aggrieved by the decision, within ten      7,959        

days after receiving notification of the decision, may take an     7,960        

appeal therefrom to the court of common pleas of Franklin county.  7,962        

The appeal shall be perfected by the filing of a bond with the     7,964        

clerk of the court of common pleas in an amount determined by the  7,965        

clerk, conditioned for payment by the appellant of the costs of    7,967        

the appeal in case the decision of the review board is sustained,  7,968        

and by causing a summons to be served upon the review board as in  7,969        

other civil actions involving the department.  The grounds of      7,970        

appeal shall be fraud or abuse of discretion by the review board.  7,972        

The court shall hear the evidence offered by the appellant and by               

the review board, and if it finds there was neither fraud nor      7,974        

abuse of discretion, it shall dismiss the appeal; otherwise it     7,975        

may make the order with respect to qualification which it finds    7,976        

should have been made by the review board.                         7,977        

      Sec. 5529.03.  The director of transportation may acquire    7,986        

by gift, purchase, or appropriation, any interest, estate, or      7,987        

right in and to real property adjacent to highways of this state   7,988        

                                                          190    

                                                                 
as necessary for the restoration, preservation, and enhancement    7,989        

of scenic beauty adjacent to said highways, or for the             7,990        

establishment of publicly owned and controlled rest and            7,991        

recreation areas and sanitary and other facilities within or       7,992        

adjacent to the right-of-way of said highways to accommodate the   7,993        

traveling public.  Nothing in this section authorizes the          7,994        

director to appropriate fee simple title to real property further  7,995        

than three hundred feet from the nearest edge of the highway       7,996        

right-of-way.                                                      7,997        

      The director may convey or lease any such property adjacent  7,999        

to the highway right-of-way back to its original owner or to       8,000        

another ANY person or entity in the manner and subject to such     8,001        

reservations, conditions, covenants, or other contractual          8,002        

arrangements as THE DIRECTOR DETERMINES will preserve NOT          8,003        

SUBSTANTIALLY INTERFERE WITH the scenic character or beauty of     8,004        

the area traversed by the highway.                                 8,005        

      The director may employ consulting engineers and enter into  8,007        

contracts for consulting engineering services with any qualified   8,008        

person, firm, partnership, corporation, or association to prepare  8,009        

plans and estimates and generally supervise the construction and   8,010        

landscaping for scenic enhancement and roadside beautification     8,011        

projects, and in the awarding of such contracts compliance with    8,012        

sections 5501.17 and 5525.01 of the Revised Code is not required.  8,013        

      Sec. 5531.09.  (A)  The state infrastructure bank shall      8,022        

consist of the highway and transit infrastructure bank fund, the   8,023        

aviation infrastructure bank fund, the rail infrastructure bank    8,024        

fund, and the infrastructure bank obligations fund, which are      8,025        

hereby created as funds of the state treasury, to be administered  8,027        

by the director of transportation and used for the purposes        8,028        

described in division (B) of this section.  The highway and        8,029        

transit infrastructure bank fund, the aviation infrastructure      8,030        

bank fund, and the rail infrastructure bank fund shall consist of  8,031        

federal grants and awards or other assistance received by the      8,032        

state and eligible for deposit therein under applicable federal    8,033        

                                                          191    

                                                                 
law, payments received by the department in connection with        8,034        

providing financial assistance for qualifying projects under       8,035        

division (B) of this section, and such other amounts as may be     8,036        

provided by law, the.  THE infrastructure bank obligations fund    8,037        

shall consist of such amounts of the proceeds of obligations       8,039        

issued under section 5531.10 of the Revised Code as the director   8,041        

of transportation determines with the advice of the director of    8,042        

budget and management; and such other amounts as may be provided   8,044        

by law.  The director of budget and management may, upon the       8,045        

request of the director of transportation, MAY transfer amounts    8,046        

between the funds created in this division, except the             8,048        

infrastructure bank obligations fund.  The investment earnings of  8,049        

each fund created by this division shall be credited to such       8,050        

fund.                                                                           

      (B)  The director of transportation shall use the state      8,053        

infrastructure bank to encourage public and private investment in  8,054        

transportation facilities that contribute to the multi-modal and   8,055        

intermodal transportation capabilities of the state, develop a     8,056        

variety of financing techniques designed to expand the             8,057        

availability of funding resources and to reduce direct state       8,058        

costs, maximize private and local participation in financing       8,059        

projects, and improve the efficiency of the state transportation   8,060        

system by using and developing the particular advantages of each   8,061        

transportation mode to the fullest extent.  In furtherance of      8,062        

these purposes, the director shall use the state infrastructure    8,063        

bank to provide financial assistance to public or private          8,064        

entities for qualified projects.  Such assistance shall be in the  8,065        

form of loans, loan guarantees, letters of credit, leases,         8,066        

lease-purchase agreements, interest rate subsidies, debt service   8,068        

reserves, and such other forms as the director determines to be    8,069        

appropriate.  All fees, charges, rates of interest, payment        8,070        

schedules, security for, and other terms and conditions relating   8,071        

to such assistance shall be determined by the director.  The       8,072        

highway and transit infrastructure bank fund, the aviation         8,073        

                                                          192    

                                                                 
infrastructure bank fund, and the rail infrastructure bank fund    8,074        

may be used to pay debt service on obligations whose proceeds      8,075        

have been deposited into the infrastructure bank obligations                    

fund.                                                                           

      (C)  The director shall adopt rules establishing guidelines  8,078        

necessary for the implementation and exercise of the authority     8,079        

granted by this section, including rules for receiving,            8,080        

reviewing, evaluating, and selecting projects for which financial  8,081        

assistance may be approved.                                        8,082        

      (D)  As used in this section and in section 5531.10 of the   8,085        

Revised Code, "qualified project" means any public or private      8,087        

transportation project as determined by the director of            8,088        

transportation, including, without limitation, planning,           8,089        

environmental impact studies, engineering, construction,           8,090        

reconstruction, resurfacing, restoring, rehabilitation, or         8,092        

replacement of public or private transportation facilities within  8,093        

the state, studying the feasibility thereof, and the acquisition   8,094        

of real or personal property or interests therein; any highway,    8,095        

public transit, aviation, rail, or other transportation project    8,097        

eligible for financing or aid under any federal or state program;  8,098        

and any project involving the maintaining, repairing, improving,   8,099        

or construction of any public or private highway, road, street,    8,100        

parkway, public transit, aviation, or rail project, and any        8,102        

related rights-of-way, bridges, tunnels, railroad-highway          8,103        

crossings, drainage structures, signs, guardrails, or protective   8,104        

structures.                                                                     

      (E)  The general assembly finds that state infrastructure    8,106        

projects, as defined in division (A)(8) of section 5531.10 of the  8,107        

Revised Code, and the state infrastructure bank, will materially   8,108        

contribute to the economic revitalization of areas of the state    8,109        

and result in improving the economic welfare of all the people of  8,110        

the state.  Accordingly, it is declared to be the public purpose   8,111        

of the state, through operations under sections 5531.09 and                     

5531.10 of the Revised Code, and other applicable laws adopted     8,112        

                                                          193    

                                                                 
pursuant to Section 13 of Article VIII, Ohio Constitution, and     8,113        

other authority vested in the general assembly, to assist in and   8,114        

facilitate the purposes set forth in division (B) of section       8,115        

5531.10 of the Revised Code, and to assist and cooperate with any  8,116        

governmental agency in achieving such purpose.                     8,117        

      Sec. 5531.10.  (A)  As used in this chapter:                 8,126        

      (1)  "Bond proceedings" means the resolution, order, trust   8,128        

agreement, indenture, lease, lease-purchase AGREEMENTS, and other  8,129        

agreements, amendments and supplements to the foregoing, or any    8,131        

one or more or combination thereof, authorizing or providing for   8,132        

the terms and conditions applicable to, or providing for the       8,133        

security or liquidity of, obligations issued pursuant to this      8,134        

section, and the provisions contained in such obligations.         8,135        

      (2)  "Bond service charges" means principal, including       8,137        

mandatory sinking fund requirements for retirement of              8,138        

obligations, and interest, and redemption premium, if any,         8,139        

required to be paid by the state on obligations.                   8,140        

      (3)  "Bond service fund" means the applicable fund and       8,142        

accounts therein created for and pledged to the payment of bond    8,143        

service charges, which may be, or may be part of, the state        8,144        

infrastructure bank revenue bond service fund created by division  8,145        

(S) of this section including all moneys and investments, and      8,146        

earnings from investments, credited and to be credited thereto.    8,147        

      (4)  "Issuing authority" means the treasurer of state, or    8,149        

the officer who by law performs the functions of the treasurer of  8,150        

state.                                                                          

      (5)  "Obligations" means bonds, notes, or other evidence of  8,152        

obligation including interest coupons pertaining thereto, issued   8,153        

pursuant to this section.                                          8,154        

      (6)  "Pledged receipts" means moneys accruing to the state   8,157        

from the lease, lease-purchase, sale, or other disposition, or     8,158        

use, of qualified projects, and from the repayment, including      8,159        

interest, of loans made from proceeds received from the sale of    8,160        

obligations; accrued interest received from the sale of            8,161        

                                                          194    

                                                                 
obligations; income from the investment of the special funds; any  8,163        

gifts, grants, donations, and pledges, and receipts therefrom,     8,164        

available for the payment of bond service charges; and any                      

amounts in the state infrastructure bank pledged to the payment    8,165        

of such charges.                                                                

      (7)  "Special funds" or "funds" means, except where the      8,167        

context does not permit, the bond service fund, and any other      8,168        

funds, including reserve funds, created under the bond             8,169        

proceedings, and the state infrastructure bank revenue bond        8,170        

service fund created by division (S)(R) of this section to the     8,171        

extent provided in the bond proceedings, including all moneys and  8,172        

investments, and earnings from investment, credited and to be      8,173        

credited thereto.                                                               

      (8)  "STATE INFRASTRUCTURE PROJECT" MEANS ANY PUBLIC         8,175        

TRANSPORTATION PROJECT UNDERTAKEN BY THE STATE, INCLUDING, BUT     8,176        

NOT LIMITED TO, ALL COMPONENTS OF ANY SUCH PROJECT, AS DESCRIBED   8,177        

IN DIVISION (D) OF SECTION 5531.09 OF THE REVISED CODE.            8,178        

      (B)  The issuing authority, with the advice of AFTER GIVING  8,180        

WRITTEN NOTICE TO the director of budget and management and upon   8,181        

the certification by the director of transportation to the         8,182        

issuing authority of the amount of moneys or additional moneys     8,183        

needed EITHER FOR STATE INFRASTRUCTURE PROJECTS OR to provide      8,184        

financial assistance for any of the purposes for which the state   8,185        

infrastructure bank may be used under section 5531.09 of the       8,186        

Revised Code, or needed for capitalized interest, funding          8,188        

reserves, and paying costs and expenses incurred in connection     8,189        

with the issuance, carrying, securing, paying, redeeming, or       8,190        

retirement of the obligations or any obligations refunded          8,191        

thereby, including payment of costs and expenses relating to       8,192        

letters of credit, lines of credit, insurance, put agreements,     8,193        

standby purchase agreements, indexing, marketing, remarketing and  8,194        

administrative arrangements, interest swap or hedging agreements,  8,195        

and any other credit enhancement, liquidity, remarketing,          8,196        

renewal, or refunding arrangements, all of which are authorized    8,197        

                                                          195    

                                                                 
by this section, shall issue obligations of the state under this   8,198        

section in the required amount.  The proceeds of such              8,199        

obligations, except for the portion to be deposited in special     8,200        

funds, including reserve funds, as may be provided in the bond     8,201        

proceedings, shall as provided in the bond proceedings be          8,202        

credited to the INFRASTRUCTURE BANK OBLIGATIONS FUND OF THE state  8,203        

infrastructure bank created by section 5531.09 of the Revised      8,205        

Code.  The issuing authority may appoint trustees, paying agents,  8,206        

transfer agents, and authenticating agents, and may retain the     8,207        

services of financial advisors, accounting experts, and            8,208        

attorneys, and retain or contract for the services of marketing,   8,209        

remarketing, indexing, and administrative agents, other            8,210        

consultants, and independent contractors, including printing       8,211        

services, as are necessary in the issuing authority's judgment to  8,212        

carry out this section.  The costs of such services are payable    8,213        

from FUNDS OF the state infrastructure bank.                       8,214        

      (C)  The holders or owners of such obligations shall have    8,216        

no right to have moneys raised by taxation by the state of Ohio    8,218        

obligated or pledged, and moneys so raised shall not be obligated  8,219        

or pledged, for the payment of bond service charges.  The right    8,220        

of such holders and owners to payment of bond service charges is   8,221        

limited to all or that portion of the pledged receipts and those   8,222        

special funds pledged thereto pursuant to the bond proceedings     8,223        

for such obligations in accordance with this section, and each     8,225        

such obligation shall bear on its face a statement to that         8,226        

effect.                                                                         

      (D)  Obligations shall be authorized by order of the         8,229        

issuing authority and the bond proceedings shall provide for the   8,230        

purpose thereof and the principal amount or amounts, and shall     8,231        

provide for or authorize the manner or agency for determining the  8,232        

principal maturity or maturities, not exceeding twenty-five years  8,233        

from the date of issuance, the interest rate or rates or the       8,234        

maximum interest rate, the date of the obligations and the dates   8,235        

of payment of interest thereon, their denomination, and the        8,236        

                                                          196    

                                                                 
establishment within or without the state of a place or places of  8,237        

payment of bond service charges.  Sections 9.98 to 9.983 of the    8,238        

Revised Code are applicable to obligations issued under this       8,239        

section.  The purpose of such obligations may be stated in the     8,240        

bond proceedings in terms describing the general purpose or        8,241        

purposes to be served.  The bond proceedings also shall provide,   8,242        

subject to the provisions of any other applicable bond             8,243        

proceedings, for the pledge of all, or such part as the issuing    8,244        

authority, with the advice of the director of budget and           8,245        

management and the director of transportation, may determine, of   8,246        

the pledged receipts and the applicable special fund or funds to   8,247        

the payment of bond service charges, which pledges may be made     8,248        

either prior or subordinate to other expenses, claims, or          8,249        

payments, and may be made to secure the obligations on a parity    8,250        

with obligations theretofore or thereafter issued, if and to the   8,251        

extent provided in the bond proceedings.  The pledged receipts     8,252        

and special funds so pledged and thereafter received by the state  8,253        

are immediately subject to the lien of such pledge without any     8,254        

physical delivery thereof or further act, and the lien of any      8,255        

such pledges is valid and binding against all parties having       8,256        

claims of any kind against the state or any governmental agency    8,257        

of the state, irrespective of whether such parties have notice     8,258        

thereof, and shall create a perfected security interest for all    8,259        

purposes of Chapter 1309. of the Revised Code, without the                      

necessity for separation or delivery of funds or for the filing    8,260        

or recording of the bond proceedings by which such pledge is       8,261        

created or any certificate, statement or other document with       8,262        

respect thereto; and the pledge of such pledged receipts and       8,263        

special funds is effective and the money therefrom and thereof     8,264        

may be applied to the purposes for which pledged without           8,265        

necessity for any act of appropriation.  Every pledge, and every   8,266        

covenant and agreement made with respect thereto, made in the      8,267        

bond proceedings may therein be extended to the benefit of the     8,268        

owners and holders of obligations authorized by this section, and  8,269        

                                                          197    

                                                                 
to any trustee therefor, for the further security of the payment   8,270        

of the bond service charges.                                                    

      (E)  The bond proceedings may contain additional provisions  8,272        

as to:                                                             8,273        

      (1)  The redemption of obligations prior to maturity at the  8,275        

option of the issuing authority at such price or prices and under  8,276        

such terms and conditions as are provided in the bond              8,277        

proceedings;                                                       8,278        

      (2)  Other terms of the obligations;                         8,280        

      (3)  Limitations on the issuance of additional obligations;  8,282        

      (4)  The terms of any trust agreement or indenture securing  8,284        

the obligations or under which the same may be issued;             8,285        

      (5)  The deposit, investment and application of special      8,287        

funds, and the safeguarding of moneys on hand or on deposit,       8,288        

without regard to Chapter 131. or 135. of the Revised Code, but    8,289        

subject to any special provisions of this chapter SECTION with     8,290        

respect to particular funds or moneys, provided that any bank or   8,292        

trust company which acts as depository of any moneys in the        8,293        

special funds may furnish such indemnifying bonds or may pledge    8,294        

such securities as required by the issuing authority;              8,295        

      (6)  Any or every provision of the bond proceedings being    8,297        

binding upon such officer, board, commission, authority, agency,   8,298        

department, or other person or body as may from time to time have  8,299        

the authority under law to take such actions as may be necessary   8,300        

to perform all or any part of the duty required by such            8,301        

provision;                                                         8,302        

      (7)  Any provision that may be made in a trust agreement or  8,304        

indenture;                                                         8,305        

      (8)  Any other or additional agreements with the holders of  8,307        

the obligations, or the trustee therefor, relating to the          8,308        

obligations or the security therefor, including the assignment of  8,309        

mortgages or other security relating to financial assistance for   8,311        

qualified projects under section 5531.09 of the Revised Code.      8,312        

      (F)  The obligations may have the great seal of the state    8,314        

                                                          198    

                                                                 
or a facsimile thereof affixed thereto or printed thereon.  The    8,315        

obligations and any coupons pertaining to obligations shall be     8,316        

signed or bear the facsimile signature of the issuing authority.   8,317        

Any obligations or coupons may be executed by the person who, on   8,318        

the date of execution, is the proper issuing authority although    8,319        

on the date of such bonds or coupons such person was not the       8,320        

issuing authority.  In case the issuing authority whose signature  8,321        

or a facsimile of whose signature appears on any such obligation   8,322        

or coupon ceases to be the issuing authority before delivery       8,323        

thereof, such signature or facsimile is nevertheless valid and     8,324        

sufficient for all purposes as if the former issuing authority     8,326        

had remained the issuing authority until such delivery; and in     8,327        

case the seal to be affixed to obligations has been changed after  8,328        

a facsimile of the seal has been imprinted on such obligations,    8,329        

such facsimile seal shall continue to be sufficient as to such     8,330        

obligations and obligations issued in substitution or exchange     8,331        

therefor.                                                                       

      (G)  All obligations are negotiable instruments and          8,333        

securities under Chapter 1308. of the Revised Code, subject to     8,334        

the provisions of the bond proceedings as to registration.  The    8,335        

obligations may be issued in coupon or in registered form, or      8,336        

both, as the issuing authority determines.  Provision may be made  8,337        

for the registration of any obligations with coupons attached      8,338        

thereto as to principal alone or as to both principal and          8,339        

interest, their exchange for obligations so registered, and for    8,340        

the conversion or reconversion into obligations with coupons       8,341        

attached thereto of any obligations registered as to both          8,342        

principal and interest, and for reasonable charges for such        8,343        

registration, exchange, conversion, and reconversion.              8,344        

      (H)  Obligations may be sold at public sale or at private    8,346        

sale, as determined in the bond proceedings.                       8,347        

      (I)  Pending preparation of definitive obligations, the      8,349        

issuing authority may issue interim receipts or certificates       8,350        

which shall be exchanged for such definitive obligations.          8,351        

                                                          199    

                                                                 
      (J)  In the discretion of the issuing authority,             8,353        

obligations may be secured additionally by a trust agreement or    8,354        

indenture between the issuing authority and a corporate trustee    8,355        

which may be any trust company or bank having its principal place  8,356        

of business within the state.  Any such agreement or indenture     8,357        

may contain the order authorizing the issuance of the              8,359        

obligations, any provisions that may be contained in any bond                   

proceedings, and other provisions which are customary or           8,360        

appropriate in an agreement or indenture of such type, including,  8,361        

but not limited to:                                                8,362        

      (1)  Maintenance of each pledge, trust agreement,            8,364        

indenture, or other instrument comprising part of the bond         8,365        

proceedings until the state has fully paid the bond service        8,366        

charges on the obligations secured thereby, or provision therefor  8,367        

has been made;                                                     8,368        

      (2)  In the event of default in any payments required to be  8,370        

made by the bond proceedings, or any other agreement of the        8,371        

issuing authority made as a part of the contract under which the   8,372        

obligations were issued, enforcement of such payments or           8,373        

agreement by mandamus, the appointment of a receiver, suit in      8,374        

equity, action at law, or any combination of the foregoing;        8,375        

      (3)  The rights and remedies of the holders of obligations   8,377        

and of the trustee, and provisions for protecting and enforcing    8,378        

them, including limitations on rights of individual holders of     8,379        

obligations;                                                       8,380        

      (4)  The replacement of any obligations that become          8,382        

mutilated or are destroyed, lost, or stolen;                       8,383        

      (5)  Such other provisions as the trustee and the issuing    8,385        

authority agree upon, including limitations, conditions, or        8,386        

qualifications relating to any of the foregoing.                   8,387        

      (K)  Any holder of obligations or a trustee under the bond   8,389        

proceedings, except to the extent that the holder's or trustee's   8,391        

rights are restricted by the bond proceedings, may by any          8,392        

suitable form of legal proceedings, protect and enforce any        8,393        

                                                          200    

                                                                 
rights under the laws of this state or granted by such bond        8,394        

proceedings.  Such rights include the right to compel the          8,395        

performance of all duties of the issuing authority and the         8,396        

director of transportation required by the bond proceedings or     8,397        

sections 5531.09 and 5531.10 of the Revised Code; to enjoin        8,398        

unlawful activities; and in the event of default with respect to   8,400        

the payment of any bond service charges on any obligations or in   8,401        

the performance of any covenant or agreement on the part of the    8,402        

issuing authority or the director of transportation in the bond    8,403        

proceedings, to apply to a court having jurisdiction of the cause  8,404        

to appoint a receiver to receive and administer the pledged        8,405        

receipts and special funds, other than those in the custody of     8,406        

the treasurer of state, which are pledged to the payment of the    8,407        

bond service charges on such obligations or which are the subject  8,408        

of the covenant or agreement, with full power to pay, and to       8,409        

provide for payment of bond service charges on, such obligations,  8,410        

and with such powers, subject to the direction of the court, as    8,411        

are accorded receivers in general equity cases, excluding any      8,412        

power to pledge additional revenues or receipts or other income    8,413        

or moneys of the state or local governmental entities, or          8,415        

agencies thereof, to the payment of such principal and interest    8,417        

and excluding the power to take possession of, mortgage, or cause  8,418        

the sale or otherwise dispose of any project facilities.                        

      Each duty of the issuing authority and the issuing           8,420        

authority's officers and employees, and of each state or local     8,421        

governmental agency and its officers, members, or employees,       8,423        

undertaken pursuant to the bond proceedings or any loan, loan      8,424        

guarantee, lease, lease-purchase AGREEMENT, or other agreement     8,426        

made under authority of section 5531.09 of the Revised Code, and   8,427        

in every agreement by or with the issuing authority, is hereby     8,429        

established as a duty of the issuing authority, and of each such   8,430        

officer, member, or employee having authority to perform such      8,431        

duty, specifically enjoined by the law resulting from an office,   8,432        

trust, or station within the meaning of section 2731.01 of the     8,433        

                                                          201    

                                                                 
Revised Code.                                                                   

      The person who is at the time the issuing authority, or the  8,435        

issuing authority's officers or employees, are not liable in       8,436        

their personal capacities on any obligations issued by the         8,437        

issuing authority or any agreements of or with the issuing         8,438        

authority.                                                         8,439        

      (L)  The issuing authority may authorize and issue           8,441        

obligations for the refunding, including funding and retirement,   8,442        

and advance refunding with or without payment or redemption prior  8,443        

to maturity, of any obligations previously issued by the issuing   8,444        

authority.  Such obligations may be issued in amounts sufficient   8,445        

for payment of the principal amount of the prior obligations, any  8,446        

redemption premiums thereon, principal maturities of any such      8,447        

obligations maturing prior to the redemption of the remaining      8,448        

obligations on a parity therewith, interest accrued or to accrue   8,449        

to the maturity dates or dates of redemption of such obligations,  8,450        

and any allowable costs including expenses incurred or to be       8,451        

incurred in connection with such issuance and such refunding,      8,452        

funding, and retirement.  Subject to the bond proceedings          8,453        

therefor, the portion of proceeds of the sale of obligations       8,454        

issued under this division to be applied to bond service charges   8,455        

on the prior obligations shall be credited to an appropriate       8,456        

account held by the trustee for such prior or new obligations or   8,457        

to the appropriate account in the bond service fund for such       8,458        

obligations.  Obligations authorized under this division shall be  8,459        

deemed to be issued for those purposes for which such prior        8,460        

obligations were issued and are subject to the provisions of this  8,461        

section pertaining to other obligations, except as otherwise       8,462        

provided in this section.  The last maturity of obligations        8,464        

authorized under this division shall not be later than             8,465        

twenty-five years from the date of issuance of the original                     

securities issued for the original purpose.                        8,466        

      (M)  The authority to issue obligations under this section   8,468        

includes authority to issue obligations in the form of bond        8,469        

                                                          202    

                                                                 
anticipation notes and to renew the same from time to time by the  8,470        

issuance of new notes.  The holders of such notes or interest      8,471        

coupons pertaining thereto shall have a right to be paid solely    8,472        

from the pledged receipts and special funds that may be pledged    8,473        

to the payment of the bonds anticipated, or from the proceeds of   8,474        

such bonds or renewal notes, or both, as the issuing authority     8,475        

provides in the order authorizing such notes.  Such notes may be   8,477        

additionally secured by covenants of the issuing authority to the  8,478        

effect that the issuing authority and the state will do such or    8,479        

all things necessary for the issuance of such bonds or renewal     8,480        

notes in appropriate amount, and apply the proceeds thereof to     8,481        

the extent necessary, to make full payment of the principal of     8,482        

and interest on such notes at the time or times contemplated, as   8,483        

provided in such order.  For such purpose, the issuing authority   8,484        

may issue bonds or renewal notes in such principal amount and      8,485        

upon such terms as may be necessary to provide funds to pay when   8,486        

required the principal of and interest on such notes,              8,487        

notwithstanding any limitations prescribed by or for purposes of   8,488        

this section.  Subject to this division, all provisions for and    8,489        

references to obligations in this section are applicable to notes  8,490        

authorized under this division.                                    8,491        

      The issuing authority in the bond proceedings authorizing    8,493        

the issuance of bond anticipation notes shall set forth for such   8,494        

bonds an estimated interest rate and a schedule of principal       8,495        

payments for such bonds and the annual maturity dates thereof.     8,496        

      (N)  Obligations issued under this section are lawful        8,498        

investments for banks, societies for savings, savings and loan     8,499        

associations, deposit guarantee associations, trust companies,     8,500        

trustees, fiduciaries, insurance companies, including domestic     8,501        

for life and domestic not for life, trustees or other officers     8,502        

having charge of sinking and bond retirement or other special      8,503        

funds of political subdivisions and taxing districts of this       8,504        

state, the commissioners of the sinking fund of the state, the     8,505        

administrator of workers' compensation IN ACCORDANCE WITH THE      8,506        

                                                          203    

                                                                 
INVESTMENT POLICY ESTABLISHED BY THE WORKERS' COMPENSATION         8,507        

OVERSIGHT COMMISSION PURSUANT TO SECTION 4121.12 OF THE REVISED    8,508        

CODE, the state teachers retirement system, the public employees   8,509        

retirement system, the school employees retirement system, and     8,510        

the police and firemen's disability and pension fund,              8,511        

notwithstanding any other provisions of the Revised Code or rules  8,512        

adopted pursuant thereto by any agency of the state with respect   8,513        

to investments by them, and are also acceptable as security for    8,514        

the deposit of public moneys.                                      8,515        

      (O)  Unless otherwise provided in any applicable bond        8,517        

proceedings, moneys to the credit of or in the special funds       8,518        

established by or pursuant to this section may be invested by or   8,519        

on behalf of the issuing authority only in notes, bonds, or other  8,520        

obligations of the United States, or of any agency or              8,521        

instrumentality of the United States, obligations guaranteed as    8,523        

to principal and interest by the United States, obligations of     8,524        

this state or any political subdivision of this state, and         8,525        

certificates of deposit of any national bank located in this       8,526        

state and any bank, as defined in section 1101.01 of the Revised   8,527        

Code, subject to inspection by the superintendent of financial     8,528        

institutions.  If the law or the instrument creating a trust       8,530        

pursuant to division (J) of this section expressly permits         8,531        

investment in direct obligations of the United States or an        8,532        

agency of the United States, unless expressly prohibited by the    8,533        

instrument, such moneys also may be invested in no-front-end-load  8,534        

money market mutual funds consisting exclusively of obligations    8,535        

of the United States or an agency of the United States and in      8,537        

repurchase agreements, including those issued by the fiduciary     8,538        

itself, secured by obligations of the United States or an agency   8,539        

of the United States; and in common trust funds established in     8,541        

accordance with COLLECTIVE INVESTMENT FUNDS AS DEFINED IN          8,542        

DIVISION (A) OF section 1109.20 1111.01 of the Revised Code and    8,543        

consisting exclusively of any such securities, notwithstanding     8,545        

division (A)(4) of that section.  The income from such             8,546        

                                                          204    

                                                                 
investments shall be credited to such funds as the issuing         8,547        

authority determines, and such investments may be sold at such     8,548        

times as the issuing authority determines or authorizes.           8,549        

      (P)  Provision may be made in the applicable bond            8,551        

proceedings for the establishment of separate accounts in the      8,552        

bond service fund and for the application of such accounts only    8,553        

to the specified bond service charges on obligations pertinent to  8,554        

such accounts and bond service fund and for other accounts         8,555        

therein within the general purposes of such fund.  Unless          8,556        

otherwise provided in any applicable bond proceedings, moneys to   8,557        

the credit of or in the several special funds established          8,558        

pursuant to this section shall be disbursed on the order of the    8,559        

treasurer of state, provided that no such order is required for    8,560        

the payment from the bond service fund when due of bond service    8,561        

charges on obligations.                                            8,562        

      (Q)  The issuing authority may, with the advice of the       8,564        

director of transportation and the director of budget and          8,565        

management, pledge all, or such portion as the issuing authority   8,567        

determines, of the pledged receipts to the payment of bond         8,568        

service charges on obligations issued under this section, and for  8,569        

the establishment and maintenance of any reserves, as provided in  8,570        

the bond proceedings, and make other provisions therein with       8,571        

respect to pledged receipts as authorized by this chapter, which   8,572        

provisions are controlling notwithstanding any other provisions    8,573        

of law pertaining thereto.                                                      

      (R)  There is hereby created the state infrastructure bank   8,575        

revenue bond service fund, which shall be in the custody of the    8,576        

treasurer of state but shall not be a part of the state treasury.  8,578        

All moneys received by or on account of the issuing authority or   8,579        

state agencies and required by the applicable bond proceedings,    8,580        

consistent with this section, to be deposited, transferred, or     8,581        

credited to the bond service fund, and all other moneys            8,582        

transferred or allocated to or received for the purposes of the                 

fund, shall be deposited and credited to such fund and to any      8,583        

                                                          205    

                                                                 
separate accounts therein, subject to applicable provisions of     8,584        

the bond proceedings, but without necessity for any act of         8,585        

appropriation.  The state infrastructure bank revenue bond         8,588        

service fund is a trust fund and is hereby pledged to the payment  8,589        

of bond service charges to the extent provided in the applicable   8,590        

bond proceedings, and payment thereof from such fund shall be      8,591        

made or provided for by the treasurer of state in accordance with  8,592        

such bond proceedings without necessity for any act of             8,593        

appropriation.                                                                  

      (S)  THE OBLIGATIONS ISSUED PURSUANT TO THIS SECTION, THE    8,595        

TRANSFER THEREOF, AND THE INCOME THEREFROM, INCLUDING ANY PROFIT   8,596        

MADE ON THE SALE THEREOF, SHALL AT ALL TIMES BE FREE FROM          8,597        

TAXATION WITHIN THIS STATE.                                                     

      Sec. 5540.01.  As used in this chapter:                      8,606        

      (A)  "Transportation improvement district" or "district"     8,608        

means a transportation improvement district designated pursuant    8,609        

to section 5540.02 of the Revised Code.                            8,610        

      (B)  "Governmental agency" means a department, division, or  8,612        

other unit of state government; a county, township, or municipal   8,613        

corporation or other political subdivision; a regional transit     8,614        

authority or regional transit commission created pursuant to       8,615        

Chapter 306. of the Revised Code; a port authority created         8,616        

pursuant to Chapter 4582. of the Revised Code; and the United      8,617        

States or any agency thereof.                                      8,618        

      (C)  "Project" means a street or, highway, OR OTHER          8,620        

TRANSPORTATION PROJECT constructed or improved under this chapter  8,622        

and includes all bridges, tunnels, overpasses, underpasses,        8,623        

interchanges, approaches, those portions of connecting streets or  8,624        

highways that serve interchanges and are determined by the         8,625        

district to be necessary for the safe merging of traffic between   8,626        

the project and those streets or highways, service facilities,     8,627        

and administration, storage, and other buildings, property, and    8,628        

facilities, that the district considers necessary for the          8,629        

operation of the project, together with all property and rights    8,630        

                                                          206    

                                                                 
that must be acquired by the district for the construction,        8,631        

maintenance, or operation of the project.                                       

      (D)  "Cost," as applied to the construction of a project,    8,633        

includes the cost of construction, including bridges over or       8,634        

under existing highways and railroads, acquisition of all          8,635        

property acquired by the district for such construction,           8,636        

demolishing or removing any buildings or structures on land so     8,637        

acquired, including the cost of acquiring any lands to which such  8,638        

buildings or structures may be moved, site clearance,              8,639        

improvement, and preparation, diverting streets or highways,       8,640        

interchanges with streets or highways, access roads to private     8,641        

property, including the cost of land or easements therefor, all    8,642        

machinery, furnishings, and equipment, communications facilities,  8,643        

financing expenses, interest prior to and during construction and  8,644        

for one year after completion of construction, traffic estimates,  8,645        

indemnity and surety bonds and premiums on insurance, and          8,646        

guarantees, engineering, feasibility studies, and legal expenses,  8,647        

plans, specifications, surveys, estimates of cost and revenues,    8,648        

other expenses necessary or incidental to determining the          8,649        

feasibility or practicability of constructing a project, and such  8,650        

other expense as may be necessary or incident to the construction  8,651        

of the project and the financing of such construction.  Any        8,652        

obligation or expense incurred by any governmental agency or       8,653        

person for surveys, borings, preparation of plans and              8,654        

specifications, and other engineering services, or any other cost  8,655        

described above, in connection with the construction of a project  8,656        

may be regarded as part of the cost of the project and reimbursed  8,657        

from revenues, taxes, or the proceeds of bonds as authorized by    8,658        

this chapter.                                                      8,659        

      (E)  "Owner" includes any person having any title or         8,661        

interest in any property authorized to be acquired by a district   8,662        

under this chapter.                                                8,663        

      (F)  "Revenues" means all moneys received by a district      8,665        

with respect to the lease, sublease, or sale, including            8,666        

                                                          207    

                                                                 
installment sale, conditional sale, or sale under a                8,667        

lease-purchase agreement, of a project, any gift or grant          8,668        

received with respect to a project, tolls, proceeds of bonds to    8,669        

the extent the use thereof for payment of principal or of          8,670        

premium, if any, or interest on the bonds is authorized by the     8,671        

district, proceeds from any insurance, condemnation, or guaranty   8,672        

pertaining to a project or property mortgaged to secure bonds or   8,673        

pertaining to the financing of a project, and income and profit    8,674        

from the investment of the proceeds of bonds or of any revenues.   8,675        

      (G)  "Street or highway" has the same meaning as in section  8,677        

4511.01 of the Revised Code.                                       8,678        

      (H)  "Financing expenses" means all costs and expenses       8,680        

relating to the authorization, issuance, sale, delivery,           8,681        

authentication, deposit, custody, clearing, registration,          8,682        

transfer, exchange, fractionalization, replacement, payment, and   8,683        

servicing of bonds including, without limitation, costs and        8,684        

expenses for or relating to publication and printing, postage,     8,685        

delivery, preliminary and final official statements, offering      8,686        

circulars, and informational statements, travel and                8,687        

transportation, underwriters, placement agents, investment         8,688        

bankers, paying agents, registrars, authenticating agents,         8,689        

remarketing agents, custodians, clearing agencies or               8,690        

corporations, securities depositories, financial advisory          8,691        

services, certifications, audits, federal or state regulatory      8,692        

agencies, accounting and computation services, legal services and  8,693        

obtaining approving legal opinions and other legal opinions,       8,694        

credit ratings, redemption premiums, and credit enhancement        8,695        

facilities.                                                        8,696        

      (I)  "Bond proceedings" means the resolutions, trust         8,698        

agreements, certifications, notices, sale proceedings, leases,     8,699        

lease-purchase agreements, assignments, credit enhancement         8,700        

facility agreements, and other agreements, instruments, and        8,701        

documents, as amended and supplemented, or any one or more of      8,702        

combination thereof, authorizing, or authorizing or providing for  8,703        

                                                          208    

                                                                 
the terms and conditions applicable to, or providing for the       8,704        

security or sale or award or liquidity of, bonds, and includes     8,705        

the provisions set forth or incorporated in those bonds and bond   8,706        

proceedings.                                                       8,707        

      (J)  "Bond service charges" means principal, including any   8,709        

mandatory sinking fund or mandatory redemption requirements for    8,710        

retirement of bonds, and interest and any redemption premium       8,711        

payable on bonds, as those payments come due and are payable to    8,712        

the bondholder or to a person making payment under a credit        8,713        

enhancement facility of those bond service charges to a            8,714        

bondholder.                                                        8,715        

      (K)  "Bond service fund" means the applicable fund created   8,717        

by the bond proceedings for and pledged to the payment of bond     8,718        

service charges on bonds provided for by those proceedings,        8,719        

including all moneys and investments, and earnings from            8,720        

investments, credited and to be credited to that fund as provided  8,721        

in the bond proceedings.                                           8,722        

      (L)  "Bonds" means bonds, notes, including notes             8,724        

anticipating bonds or other notes, commercial paper, certificates  8,725        

of participation, or other evidences of obligation, including any  8,726        

interest coupons pertaining thereto, issued pursuant to this       8,727        

chapter.                                                           8,728        

      (M)  "Net revenues" means revenues lawfully available to     8,730        

pay both current operating expenses of a district and bond         8,731        

service charges in any fiscal year or other specified period,      8,732        

less current operating expenses of the district and any amount     8,733        

necessary to maintain a working capital reserve for that period.   8,734        

      (N)  "Pledged revenues" means net revenues, moneys and       8,736        

investments, and earnings on those investments, in the applicable  8,737        

bond service fund and any other special funds, and the proceeds    8,738        

of any bonds issued for the purpose of refunding prior bonds, all  8,739        

as lawfully available and by resolution of the district committed  8,740        

for application as pledged revenues to the payment of bond         8,741        

service charges on particular issues of bonds.                     8,742        

                                                          209    

                                                                 
      (O)  "Special funds" means the applicable bond service fund  8,744        

and any accounts and subaccounts in that fund, any other funds or  8,745        

accounts permitted by and established under, and identified as a   8,746        

special fund or special account in, the bond proceedings,          8,747        

including any special fund or account established for purposes of  8,748        

rebate or other requirements under federal income tax laws.        8,749        

      (P)  "Credit enhancement facilities" means letters of        8,751        

credit, lines of credit, standby, contingent, or firm securities   8,752        

purchase agreements, insurance, or surety arrangements,            8,753        

guarantees, and other arrangements that provide for direct or      8,754        

contingent payment of bond service charges, for security or        8,755        

additional security in the event of nonpayment or default in       8,756        

respect of bonds, or for making payment of bond service charges    8,757        

and at the option and on demand of bondholders or at the option    8,758        

of the district or upon certain conditions occurring under put or  8,759        

similar arrangements, or for otherwise supporting the credit or    8,760        

liquidity of the bonds, and includes credit, reimbursement,        8,761        

marketing, remarketing, indexing, carrying, interest rate hedge    8,762        

as defined in section 133.01 of the Revised Code, and subrogation  8,763        

agreements, and other agreements and arrangements for payment and  8,764        

reimbursement of the person providing the credit enhancement       8,765        

facility and the security for that payment and reimbursement.      8,766        

      (Q)  "Refund" means to fund and retire outstanding bonds,    8,768        

including advance refunding with or without payment or redemption  8,769        

prior to stated maturity.                                          8,770        

      (R)  "Property" includes interests in property.              8,772        

      (S)  "Administrative agent," "agent," "commercial paper,"    8,774        

"floating rate interest structure," "indexing agent," "interest    8,775        

rate period," "put arrangement," and "remarketing agent" have the  8,776        

same meanings as in section 9.98 of the Revised Code.              8,777        

      (T)  "Outstanding" as applied to bonds means outstanding in  8,779        

accordance with the terms of the bonds and the applicable bond     8,780        

proceedings.                                                       8,781        

      (U)  "Interstate system" has the same meaning as in section  8,783        

                                                          210    

                                                                 
5516.01 of the Revised Code.                                       8,784        

      Sec. 5540.03.  (A)  A transportation improvement district    8,793        

may:                                                                            

      (1)  Adopt bylaws for the regulation of its affairs and the  8,795        

conduct of its business;                                           8,796        

      (2)  Adopt an official seal;                                 8,798        

      (3)  Sue and be sued in its own name, plead and be           8,800        

impleaded, provided any actions against the district shall be      8,801        

brought in the court of common pleas of the county in which the    8,802        

principal office of the district is located, or in the court of    8,803        

common pleas of the county in which the cause of action arose,                  

and all summonses, exceptions, and notices of every kind shall be  8,804        

served on the district by leaving a copy thereof at its principal  8,805        

office with the secretary-treasurer;                               8,806        

      (4)  Purchase, construct, maintain, repair, sell, exchange,  8,808        

police, operate, or lease projects;                                8,809        

      (5)  Issue either or both of the following for the purpose   8,811        

of providing funds to pay the costs of any project or part         8,812        

thereof:                                                                        

      (a)  Transportation improvement district revenue bonds;      8,814        

      (b)  Bonds pursuant to Section 13 of Article VIII, Ohio      8,816        

Constitution,;                                                                  

      (6)  Maintain such funds as it considers necessary;          8,818        

      (7)  Direct its agents or employees, when properly           8,820        

identified in writing and after at least five days' written        8,821        

notice, to enter upon lands within its jurisdiction to make        8,822        

surveys and examinations preliminary to the location and                        

construction of projects for the district, without liability of    8,824        

the district or its agents or employees except for actual damage                

done;                                                              8,825        

      (8)  Make and enter into all contracts and agreements        8,827        

necessary or incidental to the performance of its functions and    8,828        

the execution of its powers under this chapter;                    8,829        

      (9)  Employ or retain or contract for the services of        8,831        

                                                          211    

                                                                 
consulting engineers, superintendents, managers, and such other    8,832        

engineers, construction and accounting experts, financial          8,833        

advisers, trustees, marketing, remarketing, and administrative     8,834        

agents, attorneys, and other employees, independent contractors,   8,835        

or agents as are necessary in its judgment and fix their                        

compensation, provided all such expenses shall be payable solely   8,836        

from the proceeds of bonds or from revenues;                       8,837        

      (10)  Receive and accept from any THE federal OR ANY STATE   8,839        

OR LOCAL GOVERNMENT, INCLUDING, BUT NOT LIMITED TO, ANY agency     8,840        

and from, ENTITY, OR INSTRUMENTALITY OF any other governmental     8,842        

agency OF THE FOREGOING, LOANS AND grants for or in aid of the     8,843        

construction, maintenance, or repair of any project, and receive   8,844        

and accept aid or contributions from any source or person of       8,845        

money, property, labor, or other things of value, to be held,      8,846        

used, and applied only for the purposes for which such LOANS,      8,847        

grants, and contributions are made;.  NOTHING IN DIVISION (A)(10)  8,848        

OF THIS SECTION SHALL BE CONSTRUED AS IMPOSING ANY LIABILITY ON    8,849        

THIS STATE FOR ANY LOAN RECEIVED BY A TRANSPORTATION IMPROVEMENT   8,850        

DISTRICT FROM A THIRD PARTY UNLESS THIS STATE HAS ENTERED INTO AN               

AGREEMENT TO ACCEPT SUCH LIABILITY.                                8,851        

      (11)  Acquire, hold, and dispose of property in the          8,853        

exercise of its powers and the performance of its duties under     8,854        

this chapter;                                                                   

      (12)  Establish and collect tolls or user charges for its    8,856        

projects;                                                                       

      (13)  Do all acts necessary and proper to carry out the      8,858        

powers expressly granted in this chapter.                          8,859        

      (B)  Chapters 123., 124., 125., 153., and 4115., and         8,861        

sections 9.331, 9.332, and 9.333, AND 307.86 of the Revised Code   8,863        

do not apply to contracts or projects of a transportation          8,864        

improvement district.                                                           

      Sec. 5735.05.  (A)  To provide revenue for maintaining the   8,873        

state highway system; to widen existing surfaces on such           8,874        

highways; to resurface such highways; to pay that portion of the   8,875        

                                                          212    

                                                                 
construction cost of a highway project which a county, township,   8,876        

or municipal corporation normally would be required to pay, but    8,877        

which the director of transportation, pursuant to division (B) of  8,878        

section 5531.08 of the Revised Code, determines instead will be    8,879        

paid from moneys in the highway operating fund; to enable the      8,880        

counties of the state properly to plan, maintain, and repair       8,881        

their roads and to pay principal, interest, and charges on bonds   8,882        

and other obligations issued pursuant to Chapter 133. of the       8,883        

Revised Code for highway improvements; to enable the municipal     8,884        

corporations to plan, construct, reconstruct, repave, widen,       8,885        

maintain, repair, clear, and clean public highways, roads, and     8,886        

streets, and to pay the principal, interest, and charges on bonds  8,887        

and other obligations issued pursuant to Chapter 133. of the       8,888        

Revised Code for highway improvements; to enable the Ohio          8,889        

turnpike commission to construct, reconstruct, maintain, and       8,890        

repair turnpike projects; to maintain and repair bridges and       8,891        

viaducts; to purchase, erect, and maintain street and traffic      8,892        

signs and markers; to purchase, erect, and maintain traffic        8,893        

lights and signals; to pay the costs apportioned to the public     8,894        

under sections 4907.47 and 4907.471 of the Revised Code and to     8,895        

supplement revenue already available for such purposes; to pay     8,896        

the costs incurred by the public utilities commission in           8,897        

administering sections 4907.47 to 4907.476 of the Revised Code;    8,898        

to distribute equitably among those persons using the privilege    8,899        

of driving motor vehicles upon such highways and streets the cost  8,900        

of maintaining and repairing them; to pay the interest,            8,901        

principal, and charges on HIGHWAY CAPITAL IMPROVEMENTS bonds and   8,902        

other obligations issued pursuant to Section 2g 2m of Article      8,904        

VIII, Ohio Constitution, and sections 5528.10 and 5528.11 5528.51  8,906        

TO 5528.56 of the Revised Code; to pay the interest, principal,    8,908        

and charges on highway obligations issued pursuant to Section 2i   8,909        

of Article VIII, Ohio Constitution, and sections 5528.30 and       8,910        

5528.31 of the Revised Code; and to provide revenue for the        8,911        

purposes of sections 1547.71 to 1547.78 of the Revised Code, a     8,912        

                                                          213    

                                                                 
motor fuel excise tax is hereby imposed on all motor fuel dealers  8,913        

upon receipt of motor fuel within this state at the rate of two    8,914        

cents plus the cents per gallon rate on each gallon so received,   8,915        

to be computed in the manner set forth in section 5735.06 of the   8,918        

Revised Code; provided that no tax is hereby imposed upon the      8,919        

following transactions:                                                         

      (1)  The sale of dyed diesel fuel by a licensed motor fuel   8,922        

dealer from a location other than a retail service station         8,923        

provided the licensed motor fuel dealer places on the face of the  8,924        

delivery document or invoice, or both if both are used, a          8,925        

conspicuous notice stating that the fuel is dyed and is not for    8,926        

taxable use, and that taxable use of that fuel is subject to a     8,927        

penalty.  The tax commissioner, by rule, may provide that any      8,928        

notice conforming to rules or regulations issued by the United     8,929        

States department of the treasury or the Internal Revenue Service  8,930        

is sufficient notice for the purposes of division (A)(1) of this   8,931        

section;                                                                        

      (2)  The sale of K-1 (water clear) kerosene to a retail      8,933        

service station, except when placed directly in the fuel supply    8,934        

tank of a motor vehicle.  Such sale shall be rebuttably presumed   8,935        

to not be distributed or sold for use or used to generate power    8,936        

for the operation of motor vehicles upon the public highways or    8,937        

upon the waters within the boundaries of this state;.              8,938        

      (3)  The sale of motor fuel by a licensed motor fuel dealer  8,941        

to another licensed motor fuel dealer;                                          

      (4)  The exportation of motor fuel by a licensed motor fuel  8,945        

dealer from this state to any other state or foreign country;      8,947        

      (5)  The sale of motor fuel to the United States government  8,951        

or any of its agencies, except such tax as is permitted by it,     8,952        

where such sale is evidenced by an exemption certificate, in form  8,953        

approved by the tax commissioner, executed by the United States    8,954        

government or an agency thereof certifying that the motor fuel     8,955        

therein identified has been purchased for the exclusive use of     8,956        

the United States government or its agency;                        8,957        

                                                          214    

                                                                 
      (6)  The sale of motor fuel which is in the process of       8,961        

transportation in foreign or interstate commerce, except in so                  

far as it may be taxable under the constitution CONSTITUTION and   8,963        

statutes of the United States, and except as may be agreed upon    8,964        

in writing by the dealer and the commissioner;                     8,965        

      (7)  The sale of motor fuel when sold exclusively for use    8,969        

in the operation of aircraft, where such sale is evidenced by an   8,971        

exemption certificate prescribed by the commissioner and executed  8,972        

by the purchaser certifying that the motor fuel purchased has      8,973        

been purchased for exclusive use in the operation of aircraft.;    8,974        

      (8)  The sale for exportation of motor fuel by a licensed    8,976        

motor fuel dealer to a licensed exporter type A;                   8,977        

      (9)  The sale for exportation of motor fuel by a licensed    8,979        

motor fuel dealer to a licensed exporter type B, provided that     8,980        

the destination state motor fuel tax has been paid or will be      8,981        

accrued and paid by the licensed motor fuel dealer.                8,982        

      Division (A)(1) of this section does not apply to the sale   8,985        

or distribution of dyed diesel fuel used to operate a motor                     

vehicle on the public highways or upon water within the            8,986        

boundaries of this state by persons permitted under regulations    8,987        

of the United States department of the treasury or of the          8,989        

Internal Revenue Service to so use dyed diesel fuel.                            

      (B)  The two cent motor fuel tax levied by this section is   8,992        

also for the purpose of paying the expenses of administering and   8,993        

enforcing the state law relating to the registration and           8,994        

operation of motor vehicles.                                       8,995        

      After the tax provided for by this section on the receipt    8,997        

of any motor fuel has been paid by the motor fuel dealer, the      9,000        

motor fuel may thereafter be used, sold, or resold by any person   9,002        

having lawful title to it, without incurring liability for such    9,003        

tax.                                                                            

      If a licensed motor fuel dealer sells motor fuel received    9,006        

by the licensed motor fuel dealer to another licensed motor fuel   9,009        

dealer, the seller may deduct on the report required by section    9,011        

                                                          215    

                                                                 
5735.06 of the Revised Code the number of gallons so sold for the  9,012        

month within which the motor fuel was sold or delivered.  In this  9,013        

event the number of gallons is deemed to have been received by     9,014        

the purchaser, who shall report and pay the tax imposed thereon.   9,015        

      Sec. 5735.12.  (A)  Any motor fuel dealer or qualified       9,024        

interstate bus operator required by this chapter to file reports   9,025        

and pay the tax levied by this chapter who fails to file the       9,028        

report within the time prescribed, shall be liable for an          9,029        

additional charge equal to the greater of ten per cent of the      9,030        

motor fuel dealer's or qualified interstate bus operator's tax     9,031        

liability for that month or fifty dollars.  The tax commissioner   9,033        

may remit all or a portion of the additional charge and may adopt  9,034        

rules relating to the remission of all or a portion of the         9,035        

charge.                                                                         

      If any person required by this chapter to file reports and   9,037        

pay the taxes, interest, or additional charge levied by this       9,039        

chapter fails to file the report, files an incomplete or           9,040        

incorrect report, or fails to remit the full amount of the tax,    9,041        

interest, or additional charge due for the period covered by the   9,043        

report, the commissioner may make an assessment against the        9,044        

person based upon any information in the commissioner's            9,045        

possession.                                                                     

      No assessment shall be made against any motor fuel dealer    9,047        

or interstate bus operator for taxes imposed by this chapter more  9,048        

than four years after the date on which the report on which the    9,049        

assessment was based was due or was filed, whichever is later.     9,050        

This section does not bar an assessment against any motor fuel     9,051        

dealer or qualified interstate bus operator who fails to file a    9,053        

report required by either section 5735.06 or 5735.32 of the        9,054        

Revised Code, or who files a fraudulent motor fuel tax report.     9,055        

      A penalty of fifteen per cent shall be added to the amount   9,058        

of every assessment made under this section.  The commissioner     9,059        

may adopt rules providing for the remission of penalties added to  9,060        

assessments made under this section.                               9,061        

                                                          216    

                                                                 
      The commissioner shall give the party assessed written       9,063        

notice of the assessment by personal service or certified mail.    9,064        

Any tax or equalization payment assessed shall continue to accrue  9,065        

interest as prescribed in division (A) of section 5735.11 of the   9,066        

Revised Code.                                                      9,067        

      (B)  Unless the party to whom the notice of assessment is    9,069        

directed files with the commissioner within thirty days after      9,070        

service of the notice of assessment, either personally or by       9,071        

certified mail, a petition for reassessment in writing, signed by  9,072        

the party assessed, or by the authorized agent of the party        9,074        

assessed having knowledge of the facts, the assessment shall       9,075        

become conclusive and the amount of the assessment shall be due    9,076        

and payable from the party assessed to the treasurer of state.     9,077        

The petition shall indicate the objections of the party assessed,  9,078        

but additional objections may be raised in writing if received     9,079        

prior to the date shown on the final determination by the          9,080        

commissioner.                                                                   

      Unless the petitioner waives a hearing, the commissioner     9,082        

shall assign a time and place for the hearing on the petition and  9,083        

notify the petitioner of the time and place of the hearing by      9,084        

personal service or certified mail, but the commissioner may       9,085        

continue the hearing from time to time if necessary.               9,086        

      The commissioner may make such correction to the             9,088        

commissioner's assessment as the commissioner finds proper.  The   9,090        

commissioner shall serve a copy of the commissioner's final        9,092        

determination on the petitioner by personal service or certified   9,093        

mail, and the commissioner's decision in the matter shall be       9,094        

final, subject to appeal as provided in section 5717.02 of the     9,095        

Revised Code.                                                      9,096        

      (C)  After an assessment becomes final, if any portion of    9,098        

the assessment remains unpaid, a certified copy of the             9,099        

commissioner's entry making the assessment final may be filed in   9,100        

the office of the clerk of the court of common pleas in the        9,101        

county in which the party assessed resides or in which the         9,102        

                                                          217    

                                                                 
business of the party assessed is conducted.  If the party         9,103        

assessed maintains no place of business in this state and is not   9,106        

a resident of this state, the certified copy of the entry may be   9,107        

filed in the office of the clerk of the court of common pleas of   9,108        

Franklin county.                                                                

      The clerk, immediately upon the filing of the entry, shall   9,110        

enter a judgment for the state against the party assessed in the   9,111        

amount shown on the entry.  The judgment may be filed by the       9,112        

clerk in a loose-leaf book entitled "special judgments for state   9,113        

motor fuel tax."                                                   9,114        

      From the date of the filing of the entry in the clerk's      9,116        

office, the unpaid portion of the assessment shall bear interest   9,117        

at the rate per annum prescribed by section 5703.47 of the         9,118        

Revised Code and shall have the same effect as other judgments.    9,119        

Execution shall issue upon the judgment upon request of the        9,120        

commissioner, and all laws applicable to sales on execution shall  9,121        

be applicable to sales made under the judgment.                    9,122        

      (D)  All money collected by the commissioner under this      9,124        

section shall be paid to the treasurer of state, and when paid     9,125        

shall be considered as revenue arising from the tax imposed by     9,126        

this chapter.                                                      9,127        

      (E)  If the tax commissioner determines that the             9,129        

commissioner has erroneously refunded motor fuel tax to any        9,130        

person, the commissioner may make an assessment against the        9,131        

person for recovery of the erroneously refunded tax.  Interest     9,132        

begins to accrue thirty days after the receipt of the assessment.               

      (F)  Any person required to file reports pursuant to         9,134        

section 5735.146 of the Revised Code who fails to file the report  9,135        

within the time prescribed shall be liable for a late filing       9,137        

charge equal to one hundred dollars per day for each day the       9,138        

report is late, or one thousand dollars, whichever is greater.                  

The late filing charge may be collected by assessment as provided  9,139        

in this section.                                                   9,140        

      Sec. 5735.145.  (A)  As used in this section and sections    9,149        

                                                          218    

                                                                 
5735.13, 5735.14, 5735.141, 5735.142, 5735.146, and 5735.17 of     9,150        

the Revised Code:                                                  9,151        

      (1)  "Qualified fuel" means ethanol that is to be combined   9,153        

with gasoline to create a blend of not more than ten per cent by   9,154        

volume of ethanol and that when so blended is used, sold, or       9,155        

distributed as a motor fuel.                                       9,156        

      (2)  "Ethanol" means:                                        9,158        

      (a)  Ethanol produced in a manufacturing facility with an    9,160        

annual production capacity of less than two million gallons from   9,161        

wood or the grain of a cereal grass and denatured in accordance    9,162        

with United States bureau of alcohol and tax regulations; or       9,163        

      (b)  Ethanol produced through a coal-fired process from      9,165        

wood or the grain of a cereal grass and denatured in accordance    9,166        

with United States bureau of alcohol and tax regulations.          9,167        

      (B)  Any motor fuel dealer shall receive a qualified fuel    9,171        

credit on each gallon of qualified fuel used, sold, or             9,172        

distributed by the dealer and on which the dealer is liable for    9,173        

the taxes imposed by this chapter of the Revised Code.  To                      

receive a credit, the dealer shall certify on the monthly report   9,176        

required by section 5735.06 of the Revised Code the number of      9,177        

gallons of qualified fuel used, sold, or distributed during the    9,178        

month to which the report applies and upon which such taxes are    9,179        

imposed. After computation of the amount of the tax in accordance  9,180        

with division (B) of section 5735.06 of the Revised Code, the      9,181        

number of gallons of qualified fuel used, sold, or distributed     9,182        

during the month to which the report applies and included in the   9,183        

gallons of motor fuel upon which the tax is imposed shall be       9,184        

multiplied by ten cents per gallon.  The resulting product shall   9,185        

be subtracted from the tax computed under division (B) of section  9,186        

5735.06 of the Revised Code and shall constitute the qualified     9,187        

fuel credit provided by this section.                              9,188        

      (C)  The aggregate amount of credits permitted under this    9,190        

section shall be subject to the limitations prescribed in this     9,191        

division.                                                          9,192        

                                                          219    

                                                                 
      (1)  Beginning July 1, 1993, and ending June 30, 2000 1997,  9,194        

for each fiscal year, the credit shall not exceed a total of       9,196        

fifteen million dollars, and for each month of each such year      9,197        

shall not exceed the amount specified for that month as follows:   9,198        

     July         $1,390,125         January     $1,133,625        9,200        

     August        1,312,125         February     1,106,625        9,201        

     September     1,229,625         March        1,211,625        9,202        

     October       1,268,625         April        1,192,125        9,203        

     November      1,235,625         May          1,270,125        9,204        

     December      1,280,625         June         1,369,125        9,205        

      For the period beginning July 1, 2000, and ending September  9,208        

30, 2000, the credit shall not exceed a total of four million      9,209        

dollars, and shall not exceed one million four hundred eighteen    9,210        

thousand four hundred dollars in July, one million three hundred   9,211        

thirty-four thousand four hundred dollars in August, and one       9,212        

million two hundred forty-seven thousand two hundred dollars in    9,213        

September of that year.                                            9,214        

      (2)  If in any month the credit is less than the limit set   9,216        

forth for that month, the unused portion shall be carried forward  9,217        

and added to the succeeding month's limit until the end of the     9,218        

fiscal year.                                                       9,219        

      (3)  If in any month the credit, including any amount        9,221        

carried forward from a preceding month, exceeds the limit for      9,222        

that month by less than five per cent, the tax commissioner shall  9,223        

either reduce the limit for the succeeding month by the amount of  9,224        

the excess, or collect the excess from each motor fuel dealer,     9,225        

apportioning the amount collected among motor fuel dealers in      9,226        

proportion to the amount of credit claimed by each motor fuel      9,227        

dealer for that month.                                                          

      If in any month the credit, including any amount carried     9,229        

forward from a preceding month, exceeds the limit for that month   9,230        

by five per cent or more, the tax commissioner shall collect the   9,231        

excess from each motor fuel dealer, apportioning the amount        9,232        

collected among motor fuel dealers in proportion to the amount of  9,233        

                                                          220    

                                                                 
credit claimed by each motor fuel dealer for that month.           9,234        

      (4)  Any credit in excess of the amounts prescribed in this  9,236        

section and subject to collection by the tax commissioner          9,237        

pursuant to division (C)(2) or (3) of this section shall be paid   9,238        

to the treasurer of state as revenue arising from taxes imposed    9,239        

under this chapter and is subject to assessment as provided in     9,240        

sections 5735.12 and 5735.121 of the Revised Code.                 9,241        

      Sec. 5735.19.  The tax commissioner may examine, during the  9,250        

usual business hours of the day, the records, books, and papers    9,251        

of any motor fuel dealer, retail dealer, exporter, terminal        9,252        

operator, purchaser, OR common carrier, or person selling alcohol  9,253        

and registered under section 5735.146 of the Revised Code,         9,254        

pertaining to motor fuel received, sold, shipped, or delivered,    9,255        

to verify the truth and accuracy of any statement, report, or      9,256        

return.  The commissioner may, in the enforcement of the motor     9,257        

fuel laws of this state, hold hearings, take the testimony of any  9,258        

person, issue subpoenas and compel the attendance of witnesses,    9,259        

and conduct such investigations as the commissioner deems          9,260        

necessary, but no person shall disclose the information acquired   9,262        

by the commissioner under this section, except when required to    9,263        

do so in court.  Such information or evidence is not privileged    9,264        

when used by the state or any officer thereof in any proceeding    9,265        

for the collection of the tax, or any prosecution for violation    9,266        

of the motor fuel laws.                                            9,267        

      The commissioner may prescribe all forms upon which reports  9,269        

shall be made to the commissioner, forms for claims for refund     9,270        

presented to the commissioner, or forms of records to be used by   9,271        

motor fuel dealers.                                                9,272        

      Sec. 5735.23.  (A)  Out of receipts from the tax levied by   9,281        

section 5735.05 of the Revised Code, the treasurer of state shall  9,282        

place to the credit of the tax refund fund established by section  9,283        

5703.052 of the Revised Code amounts equal to the refunds          9,284        

certified by the tax commissioner pursuant to sections 5735.13,    9,285        

5735.14, 5735.141, 5735.142, 5735.16, and 5735.17 of the Revised   9,286        

                                                          221    

                                                                 
Code.  The treasurer of state shall then transfer the amount       9,287        

required by section 5735.051 of the Revised Code to the waterways  9,289        

safety fund and the amount required by section 4907.472 of the     9,290        

Revised Code to the grade crossing protection fund.                9,291        

      (B)  Each EXCEPT AS PROVIDED IN DIVISION (D) OF THIS         9,293        

SECTION, EACH month the balance of the receipts from the tax       9,294        

levied by section 5735.05 of the Revised Code shall be credited,   9,295        

after receipt by the treasurer of state of certifications          9,296        

CERTIFICATION from the commissioners of the sinking fund           9,298        

certifying, as required by sections 5528.15 and SECTION 5528.35    9,299        

of the Revised Code, that there are sufficient moneys to the       9,301        

credit of the highway improvement bond retirement fund to meet in  9,302        

full all payments of interest, principal, and charges for the      9,303        

retirement of bonds and other obligations issued pursuant to       9,304        

Section 2g of Article VIII, Ohio Constitution, and sections        9,305        

5528.10 and 5528.11 of the Revised Code due and payable during     9,306        

the current calendar year, and that there are sufficient moneys    9,307        

to the credit of the highway obligations bond retirement fund to   9,308        

meet in full all payments of interest, principal, and charges for  9,309        

the retirement of highway obligations issued pursuant to Section   9,310        

2i of Article VIII, Ohio Constitution, and sections 5528.30 and    9,311        

5528.31 of the Revised Code due and payable during the current     9,312        

calendar year, as follows:                                         9,313        

      (1)  To the state and local government highway distribution  9,315        

fund, which is hereby created in the state treasury, an amount     9,316        

that is the same percentage of the balance to be credited as that  9,317        

portion of the tax per gallon determined under division (B)(2)(a)  9,318        

of section 5735.06 of the Revised Code is of the total tax per     9,319        

gallon determined under divisions (B)(2)(a) and (b) of that        9,320        

section.                                                           9,321        

      (2)  After making the distribution to the state and local    9,323        

government highway distribution fund, the remainder shall be       9,324        

credited as follows:                                               9,325        

      (a)  Thirty per cent to the gasoline excise tax fund for     9,327        

                                                          222    

                                                                 
distribution pursuant to division (A)(1) of section 5735.27 of     9,328        

the Revised Code;                                                  9,329        

      (b)  Twenty-five per cent to the gasoline excise tax fund    9,331        

for distribution pursuant to division (A)(3) of section 5735.27    9,332        

of the Revised Code;                                               9,333        

      (c)  Forty-five EXCEPT AS PROVIDED IN DIVISION (D) OF THIS   9,335        

SECTION, FORTY-FIVE per cent to the highway operating fund for     9,336        

distribution pursuant to division (B)(1) of section 5735.27 of     9,337        

the Revised Code.                                                  9,338        

      (C)  From the balance in the state and local government      9,340        

highway distribution fund on the last day of each month there      9,341        

shall be paid the following amounts:                               9,342        

      (1)  To the local transportation improvement program fund    9,344        

created by section 164.14 of the Revised Code, an amount equal to  9,345        

a fraction of the balance in the state and local government        9,346        

highway distribution fund, the numerator of which fraction is one  9,347        

and the denominator of which fraction is that portion of the tax   9,348        

per gallon determined under division (B)(2)(a) of section 5735.06  9,349        

of the Revised Code;                                               9,350        

      (2)  An amount equal to five cents multiplied by the number  9,352        

of gallons of motor fuel sold at stations operated by the Ohio     9,354        

turnpike commission, such gallonage to be certified by the                      

commission to the treasurer of state not later than the last day   9,355        

of the month following.  The funds paid to the commission          9,356        

pursuant to this section shall be expended for the construction,   9,357        

reconstruction, maintenance, and repair of turnpike projects,      9,358        

except that the funds may not be expended for the construction of  9,359        

new interchanges.  The funds also may be expended for the          9,360        

construction, reconstruction, maintenance, and repair of those     9,361        

portions of connecting public roads that serve existing            9,362        

interchanges and are determined by the commission and the          9,363        

director of transportation to be necessary for the safe merging    9,364        

of traffic between the turnpike and those public roads.            9,365        

      The remainder of the balance shall be distributed as         9,367        

                                                          223    

                                                                 
follows on the fifteenth day of the following month:               9,368        

      (a)  Ten and seven-tenths per cent shall be paid to          9,370        

municipal corporations for distribution pursuant to division       9,371        

(A)(1) of section 5735.27 of the Revised Code and may be used for  9,372        

any purpose for which payments received under that division may    9,373        

be used.                                                           9,374        

      (b)  Five per cent shall be paid to townships for            9,376        

distribution pursuant to division (A)(5) of section 5735.27 of     9,377        

the Revised Code and may be used for any purpose for which         9,378        

payments received under that division may be used.                 9,379        

      (c)  Nine and three-tenths per cent shall be paid to         9,381        

counties for distribution pursuant to division (A)(3) of section   9,382        

5735.27 of the Revised Code and may be used for any purpose for    9,383        

which payments received under that division may be used.           9,384        

      (d)  The EXCEPT AS PROVIDED IN DIVISION (D) OF THIS          9,386        

SECTION, THE balance shall be transferred to the highway           9,387        

operating fund and used for the purposes set forth in division     9,388        

(B)(1) of section 5735.27 of the Revised Code.                     9,389        

      (D)  BEGINNING ON THE FIRST DAY OF SEPTEMBER EACH YEAR AND   9,392        

CONTINUING UNTIL SUCH TIME AS THE OFFICE OF BUDGET AND MANAGEMENT               

RECEIVES CERTIFICATION FROM THE COMMISSIONERS OF THE SINKING FUND  9,393        

PURSUANT TO DIVISION (B) OF SECTION 5528.56 OF THE REVISED CODE,   9,394        

ANY AMOUNTS REQUIRED TO BE CREDITED OR TRANSFERRED TO THE HIGHWAY  9,395        

OPERATING FUND PURSUANT TO DIVISION (B)(2)(c) OR (C)(2)(d) OF      9,396        

THIS SECTION SHALL BE CREDITED OR TRANSFERRED TO THE HIGHWAY       9,397        

CAPITAL IMPROVEMENTS BOND SERVICE FUND CREATED IN SECTION 5528.55  9,398        

OF THE REVISED CODE.                                                            

      Sec. 5735.29.  To provide revenue for supplying the state's  9,407        

share of the cost of constructing, widening, maintaining, and      9,408        

reconstructing the state highways; to maintain and repair bridges  9,409        

and viaducts; to purchase, erect, and maintain street and traffic  9,410        

signs and markers; to purchase, erect, and maintain traffic        9,411        

lights and signals; to pay the expense of administering and        9,412        

enforcing the state law relative to the registration and           9,413        

                                                          224    

                                                                 
operation of motor vehicles; to pay the expense of administering   9,414        

and enforcing the state law providing reimbursement to hospitals   9,415        

for expenses incurred for the care of indigent persons injured in  9,416        

motor vehicle accidents; to make road improvements associated      9,417        

with retaining or attracting business for this state, to pay that  9,419        

portion of the construction cost of a highway project which a      9,420        

county, township, or municipal corporation normally would be       9,421        

required to pay, but which the director of transportation,         9,422        

pursuant to division (B) of section 5531.08 of the Revised Code,   9,423        

determines instead will be paid from moneys in the highway         9,424        

operating fund; to provide revenue for the purposes of sections    9,425        

1547.71 to 1547.78 of the Revised Code; and to supplement revenue  9,426        

already available for such purposes, to pay the expenses of the    9,427        

department of taxation incident to the administration of the       9,428        

motor fuel laws, to supplement revenue already available for such  9,429        

purposes; and to pay the interest, principal, and charges on       9,430        

highway obligations issued pursuant to Section 2i of Article       9,431        

VIII, Ohio Constitution, and sections 5528.30 and 5528.31 of the   9,432        

Revised Code, a motor fuel excise tax is hereby imposed on all     9,434        

motor fuel dealers upon their receipt of motor fuel within the     9,435        

state at the rate of two cents on each gallon so received.  This   9,436        

tax is subject to the specific exemptions set forth in this        9,437        

chapter of the Revised Code.  It shall be reported, computed,      9,438        

paid, collected, administered, enforced, and refunded, and the     9,439        

failure properly and correctly to report and pay the tax shall be  9,440        

penalized, in exactly the same manner as is provided in this       9,441        

chapter.  Such sections relating to motor fuel excise taxes are    9,442        

reenacted and incorporated as if specifically set forth in this    9,443        

section.  The tax levied by this section is in addition to any     9,444        

other taxes imposed under this chapter.                            9,445        

      Sec. 5739.02.  For the purpose of providing revenue with     9,454        

which to meet the needs of the state, for the use of the general   9,455        

revenue fund of the state, for the purpose of securing a thorough  9,456        

and efficient system of common schools throughout the state, and   9,457        

                                                          225    

                                                                 
for the purpose of affording revenues, in addition to those from   9,458        

general property taxes, permitted under constitutional             9,459        

limitations, and from other sources, for the support of local      9,460        

governmental functions, and for the purpose of reimbursing the     9,461        

state for the expense of administering this chapter, an excise     9,462        

tax is hereby levied on each retail sale made in this state.       9,463        

      (A)  The tax shall be collected pursuant to the schedules    9,465        

in section 5739.025 of the Revised Code.                           9,466        

      The tax applies and is collectible when the sale is made,    9,468        

regardless of the time when the price is paid or delivered.        9,469        

      In the case of a sale, the price of which consists in whole  9,471        

or in part of rentals for the use of the thing transferred, the    9,472        

tax shall, as regards such rentals, SHALL be measured by the       9,473        

installments thereof.                                              9,474        

      In the case of a sale of a service defined under division    9,476        

(MM) or (NN) of section 5739.01 of the Revised Code, the price of  9,477        

which consists in whole or in part of a membership for the         9,478        

receipt of the benefit of the service, the tax applicable to the   9,479        

sale shall be measured by the installments thereof.                9,480        

      (B)  The tax does not apply to the following:                9,482        

      (1)  Sales to the state or any of its political              9,484        

subdivisions, or to any other state or its political subdivisions  9,485        

if the laws of that state exempt from taxation sales made to this  9,486        

state and its political subdivisions;                              9,487        

      (2)  Sales of food for human consumption off the premises    9,489        

where sold;                                                        9,490        

      (3)  Sales of food sold to students only in a cafeteria,     9,492        

dormitory, fraternity, or sorority maintained in a private,        9,493        

public, or parochial school, college, or university;               9,494        

      (4)  Sales of newspapers, and of magazine subscriptions      9,496        

shipped by second class mail, and sales or transfers of magazines  9,497        

distributed as controlled circulation publications;                9,498        

      (5)  The furnishing, preparing, or serving of meals without  9,500        

charge by an employer to an employee provided the employer         9,501        

                                                          226    

                                                                 
records the meals as part compensation for services performed or   9,502        

work done;                                                         9,503        

      (6)  Sales of motor vehicle fuel upon receipt, use,          9,505        

distribution, or sale of which in this state a tax is imposed by   9,506        

the law of this state, but this exemption shall not apply to the   9,507        

sale of motor vehicle fuel on which a refund of the tax is         9,508        

allowable under section 5735.14 of the Revised Code; and the tax   9,509        

commissioner may deduct the amount of tax levied by this section   9,510        

applicable to the price of motor vehicle fuel when granting a      9,511        

refund of motor vehicle fuel tax pursuant to section 5735.14 of    9,512        

the Revised Code and shall cause the amount deducted to be paid    9,513        

into the general revenue fund of this state;                       9,514        

      (7)  Sales of natural gas by a natural gas company, of       9,516        

electricity by an electric company, of water by a water-works      9,517        

company, or of steam by a heating company, if in each case the     9,518        

thing sold is delivered to consumers through wires, pipes, or      9,519        

conduits, and all sales of communications services by a telephone  9,520        

or telegraph company, all terms as defined in section 5727.01 of   9,521        

the Revised Code;                                                  9,522        

      (8)  Casual sales by a person, or auctioneer employed        9,524        

directly by the person to conduct such sales, except as to such    9,526        

sales of motor vehicles, watercraft or outboard motors required    9,527        

to be titled under section 1548.06 of the Revised Code,            9,528        

watercraft documented with the United States coast guard,          9,529        

snowmobiles, all-purpose vehicles as defined in section 4519.01    9,530        

of the Revised Code, and manufactured homes;                       9,531        

      (9)  Sales of services or tangible personal property, other  9,533        

than motor vehicles and manufactured homes, by churches or by      9,534        

nonprofit organizations operated exclusively for charitable        9,535        

purposes as defined in division (B)(12) of this section, provided  9,536        

that the number of days on which such tangible personal property   9,537        

or services, other than items never subject to the tax, are sold   9,538        

does not exceed six in any calendar year.  If the number of days   9,539        

on which such sales are made exceeds six in any calendar year,     9,540        

                                                          227    

                                                                 
the church or organization shall be considered to be engaged in    9,541        

business and all subsequent sales by it shall be subject to the    9,542        

tax.  In counting the number of days, all sales by groups within   9,543        

a church or within an organization shall be considered to be       9,544        

sales of that church or organization, except that sales made by    9,545        

separate student clubs and other groups of students of a primary   9,546        

or secondary school, and sales made by a parent-teacher            9,547        

association, booster group, or similar organization that raises    9,548        

money to support or fund curricular or extracurricular activities  9,549        

of a primary or secondary school, shall not be considered to be    9,550        

sales of such school and sales by each such club, group,           9,551        

association, or organization shall be counted separately for       9,552        

purposes of the six-day limitation.  This division does not apply  9,553        

to sales by a noncommercial educational radio or television        9,554        

broadcasting station.                                              9,555        

      (10)  Sales not within the taxing power of this state under  9,557        

the constitution CONSTITUTION of the United States;                9,558        

      (11)  The transportation of persons or property, unless the  9,560        

transportation is by a private investigation and security          9,561        

service;                                                           9,562        

      (12)  Sales of tangible personal property or services to     9,564        

churches, to organizations exempt from taxation under section      9,565        

501(c)(3) of the Internal Revenue Code of 1986, and to any other   9,566        

nonprofit organizations operated exclusively for charitable        9,567        

purposes in this state, no part of the net income of which inures  9,568        

to the benefit of any private shareholder or individual, and no    9,569        

substantial part of the activities of which consists of carrying   9,570        

on propaganda or otherwise attempting to influence legislation;    9,571        

sales to offices administering one or more homes for the aged or   9,572        

one or more hospital facilities exempt under section 140.08 of     9,573        

the Revised Code; and sales to organizations described in          9,574        

division (D) of section 5709.12 of the Revised Code.               9,575        

      "Charitable purposes" means the relief of poverty, the       9,577        

improvement of health through the alleviation of illness,          9,578        

                                                          228    

                                                                 
disease, or injury, the operation of an organization exclusively   9,579        

for the provision of professional, laundry, printing, and          9,580        

purchasing services to hospitals or charitable institutions, the   9,581        

operation of a home for the aged, as defined in section 5701.13    9,582        

of the Revised Code, the operation of a radio or television        9,583        

broadcasting station that is licensed by the federal               9,584        

communications commission as a noncommercial educational radio or  9,585        

television station, the operation of a nonprofit animal adoption   9,586        

service or a county humane society, the promotion of education by  9,587        

an institution of learning which THAT maintains a faculty of       9,588        

qualified instructors, teaches regular continuous courses of       9,590        

study, and confers a recognized diploma upon completion of a       9,591        

specific curriculum, the operation of a parent teacher             9,592        

association, booster group, or similar organization primarily      9,593        

engaged in the promotion and support of the curricular or          9,594        

extracurricular activities of a primary or secondary school, the   9,595        

operation of a community or area center in which presentations in  9,596        

music, dramatics, the arts, and related fields are made in order   9,597        

to foster public interest and education therein, the production    9,598        

of performances in music, dramatics, and the arts, or the          9,599        

promotion of education by an organization engaged in carrying on   9,600        

research in, or the dissemination of scientific and technological  9,601        

knowledge and information primarily for the public.                9,602        

      Nothing in this division shall be deemed to exempt sales to  9,604        

any organization for use in the operation or carrying on of a      9,605        

trade or business, or sales to a home for the aged for use in the  9,606        

operation of independent living facilities as defined in division  9,607        

(A) of section 5709.12 of the Revised Code.                        9,608        

      (13)  Building and construction materials and services sold  9,610        

to construction contractors for incorporation into a structure or  9,611        

improvement to real property under a construction contract with    9,612        

this state or a political subdivision thereof, or with the United  9,613        

States government or any of its agencies; building and             9,614        

construction materials and services sold to construction           9,615        

                                                          229    

                                                                 
contractors for incorporation into a structure or improvement to   9,616        

real property which THAT are accepted for ownership by this state  9,618        

or any of its political subdivisions, or by the United States      9,619        

government or any of its agencies at the time of completion of     9,620        

such structures or improvements; building and construction         9,621        

materials sold to construction contractors for incorporation into  9,622        

a horticulture structure or livestock structure for a person       9,623        

engaged in the business of horticulture or producing livestock;    9,624        

building materials and services sold to a construction contractor  9,625        

for incorporation into a house of public worship or religious      9,626        

education, or a building used exclusively for charitable purposes  9,627        

under a construction contract with an organization whose purpose   9,628        

is as described in division (B)(12) of this section; building and  9,629        

construction materials sold for incorporation into the original    9,630        

construction of a sports facility under section 307.696 of the     9,631        

Revised Code; and building and construction materials and          9,632        

services sold to a construction contractor for incorporation into  9,633        

real property outside this state if such materials and services,   9,634        

when sold to a construction contractor in the state in which the   9,635        

real property is located for incorporation into real property in   9,636        

that state, would be exempt from a tax on sales levied by that     9,637        

state;                                                             9,638        

      (14)  Sales of ships or vessels or rail rolling stock used   9,640        

or to be used principally in interstate or foreign commerce, and   9,641        

repairs, alterations, fuel, and lubricants for such ships or       9,642        

vessels or rail rolling stock;                                     9,643        

      (15)  Sales to persons engaged in any of the activities      9,645        

mentioned in division (E)(2) or (9) of section 5739.01 of the      9,646        

Revised Code, to persons engaged in making retail sales, or to     9,647        

persons who purchase for sale from a manufacturer tangible         9,648        

personal property that was produced by the manufacturer in         9,649        

accordance with specific designs provided by the purchaser, of     9,650        

packages, including material and parts for packages, and of        9,651        

machinery, equipment, and material for use primarily in packaging  9,652        

                                                          230    

                                                                 
tangible personal property produced for sale by or on the order    9,653        

of the person doing the packaging, or sold at retail.  "Packages"  9,654        

includes bags, baskets, cartons, crates, boxes, cans, bottles,     9,655        

bindings, wrappings, and other similar devices and containers,     9,656        

and "packaging" means placing therein.                             9,657        

      (16)  Sales of food to persons using food stamp coupons to   9,659        

purchase the food.  As used in division (B)(16) of this section,   9,660        

"food" has the same meaning as in the "Food Stamp Act of 1977,"    9,661        

91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations   9,662        

adopted pursuant to that act.                                      9,663        

      (17)  Sales to persons engaged in farming, agriculture,      9,665        

horticulture, or floriculture, of tangible personal property for   9,666        

use or consumption directly in the production by farming,          9,667        

agriculture, horticulture, or floriculture of other tangible       9,668        

personal property for use or consumption directly in the           9,669        

production of tangible personal property for sale by farming,      9,670        

agriculture, horticulture, or floriculture; or material and parts  9,671        

for incorporation into any such tangible personal property for     9,672        

use or consumption in production; and of tangible personal         9,673        

property for such use or consumption in the conditioning or        9,674        

holding of products produced by and for such use, consumption, or  9,675        

sale by persons engaged in farming, agriculture, horticulture, or  9,676        

floriculture, except where such property is incorporated into      9,677        

real property;                                                     9,678        

      (18)  Sales of drugs dispensed by a registered pharmacist    9,680        

upon the order of a practitioner licensed to prescribe, dispense,  9,681        

and administer drugs to a human being in the course of the         9,682        

professional practice; insulin as recognized in the official       9,683        

United States pharmacopoeia; urine and blood testing materials     9,684        

when used by diabetics or persons with hypoglycemia to test for    9,685        

glucose or acetone; hypodermic syringes and needles when used by   9,686        

diabetics for insulin injections; epoetin alfa when purchased for  9,687        

use in the treatment of persons with end-stage renal disease;      9,688        

hospital beds when purchased for use by persons with medical       9,690        

                                                          231    

                                                                 
problems for medical purposes; and oxygen and oxygen-dispensing    9,691        

equipment when purchased for use by persons with medical problems  9,692        

for medical purposes;                                                           

      (19)  Sales of artificial limbs or portion thereof, breast   9,694        

prostheses, and other prosthetic devices for humans; braces or     9,695        

other devices for supporting weakened or nonfunctioning parts of   9,696        

the human body; wheelchairs; devices used to lift wheelchairs      9,697        

into motor vehicles and parts and accessories to such devices;     9,698        

crutches or other devices to aid human perambulation; and items    9,699        

of tangible personal property used to supplement impaired          9,700        

functions of the human body such as respiration, hearing, or       9,701        

elimination.  No exemption under this division shall be allowed    9,702        

for nonprescription drugs, medicines, or remedies; items or        9,703        

devices used to supplement vision; items or devices whose          9,704        

function is solely or primarily cosmetic; or physical fitness      9,705        

equipment.  This division does not apply to sales to a physician   9,706        

or medical facility for use in the treatment of a patient.         9,707        

      (20)  Sales of emergency and fire protection vehicles and    9,709        

equipment to nonprofit organizations for use solely in providing   9,710        

fire protection and emergency services for political subdivisions  9,711        

of the state;                                                      9,712        

      (21)  Sales of tangible personal property, manufactured in   9,714        

this state, if sold by the manufacturer in this state to a         9,715        

retailer for use in the retail business of the retailer outside    9,716        

of this state and if possession is taken from the manufacturer by  9,718        

the purchaser within this state for the sole purpose of            9,719        

immediately removing the same from this state in a vehicle owned   9,720        

by the purchaser;                                                               

      (22)  Sales of services provided by the state or any of its  9,722        

political subdivisions, agencies, instrumentalities,               9,723        

institutions, or authorities, or by governmental entities of the   9,724        

state or any of its political subdivisions, agencies,              9,725        

instrumentalities, institutions, or authorities;                   9,726        

      (23)  Sales of motor vehicles to nonresidents of this state  9,728        

                                                          232    

                                                                 
upon the presentation of an affidavit executed in this state by    9,729        

the nonresident purchaser affirming that the purchaser is a        9,730        

nonresident of this state, that possession of the motor vehicle    9,731        

is taken in this state for the sole purpose of immediately         9,732        

removing it from this state, that the motor vehicle will be        9,733        

permanently titled and registered in another state, and that the   9,734        

motor vehicle will not be used in this state;                      9,735        

      (24)  Sales to persons engaged in the preparation of eggs    9,737        

for sale of tangible personal property used or consumed directly   9,738        

in such preparation, including such tangible personal property     9,739        

used for cleaning, sanitizing, preserving, grading, sorting, and   9,740        

classifying by size; packages, including material and parts for    9,741        

packages, and of machinery, equipment, and material for use in     9,742        

packaging eggs for sale; and handling and transportation           9,743        

equipment and parts therefor, except motor vehicles licensed to    9,744        

operate on public highways, used in intraplant or interplant       9,745        

transfers or shipment of eggs in the process of preparation for    9,746        

sale, when the plant or plants within or between which such        9,747        

transfers or shipments occur are operated by the same person.      9,748        

"Packages" includes containers, cases, baskets, flats, fillers,    9,749        

filler flats, cartons, closure materials, labels, and labeling     9,750        

materials, and "packaging" means placing therein.                  9,751        

      (25)(a)  Sales of water to a consumer for residential use,   9,753        

except the sale of bottled water, distilled water, mineral water,  9,754        

carbonated water, or ice;                                          9,755        

      (b)  Sales of water by a nonprofit corporation engaged       9,757        

exclusively in the treatment, distribution, and sale of water to   9,758        

consumers, if such water is delivered to consumers through pipes   9,759        

or tubing.                                                         9,760        

      (26)  Fees charged for inspection or reinspection of motor   9,762        

vehicles under section 3704.14 of the Revised Code;                9,763        

      (27)  Sales of solar, wind, or hydrothermal energy systems   9,765        

that meet the guidelines established under division (B) of         9,766        

section 1551.20 of the Revised Code, components of such systems    9,767        

                                                          233    

                                                                 
that are identified under division (B) or (D) of that section, or  9,768        

charges for the installation of such systems or components, made   9,769        

during the period from August 14, 1979, through December 31,       9,770        

1985;                                                              9,771        

      (28)  Sales to persons licensed to conduct a food service    9,773        

operation pursuant to section 3732.03 of the Revised Code;, of     9,774        

tangible personal property primarily used directly FOR THE         9,775        

FOLLOWING:                                                                      

      (a)  To prepare food for human consumption for sale;         9,777        

      (b)  To preserve food which THAT has been or will be         9,779        

prepared for human consumption for sale by the food service        9,780        

operator, not including tangible personal property used to         9,781        

display food for selection by the consumer; and                    9,782        

      (c)  To clean tangible personal property used to prepare or  9,784        

serve food for human consumption for sale.                         9,785        

      (29)  Sales of animals by nonprofit animal adoption          9,787        

services or county humane societies;                               9,788        

      (30)  Sales of services to a corporation described in        9,790        

division (A) of section 5709.72 of the Revised Code, and sales of  9,791        

tangible personal property that qualifies for exemption from       9,792        

taxation under section 5709.72 of the Revised Code;                9,793        

      (31)  Sales and installation of agricultural land tile, as   9,795        

defined in division (B)(5)(a) of section 5739.01 of the Revised    9,796        

Code;                                                              9,797        

      (32)  Sales and erection or installation of portable grain   9,799        

bins, as defined in division (B)(5)(b) of section 5739.01 of the   9,800        

Revised Code;                                                      9,801        

      (33)  The sale, lease, repair, and maintenance of; parts     9,803        

for; or items attached to or incorporated in motor vehicles that   9,804        

are primarily used for transporting tangible personal property by  9,805        

a person engaged in highway transportation for hire;               9,806        

      (34)  Sales to the state headquarters of any veterans'       9,808        

organization in Ohio that is either incorporated and issued a      9,809        

charter by the congress of the United States or is recognized by   9,810        

                                                          234    

                                                                 
the United States veterans administration, for use by the          9,811        

headquarters;                                                      9,812        

      (35)  Sales to a telecommunications service vendor of        9,814        

tangible personal property and services used directly and          9,815        

primarily in transmitting, receiving, switching, or recording any  9,816        

interactive, two-way electromagnetic communications, including     9,817        

voice, image, data, and information, through the use of any        9,818        

medium, including, but not limited to, poles, wires, cables,       9,819        

switching equipment, computers, and record storage devices and     9,820        

media, and component parts for the tangible personal property.     9,821        

The exemption provided in division (B)(35) of this section shall   9,822        

be in lieu of all other exceptions under division (E)(2) of        9,823        

section 5739.01 of the Revised Code to which a telecommunications  9,824        

service vendor may otherwise be entitled based upon the use of     9,825        

the thing purchased in providing the telecommunications service.   9,826        

      (36)  Sales of investment metal bullion and investment       9,828        

coins.  "Investment metal bullion" means any elementary precious   9,829        

metal which THAT has been put through a process of smelting or     9,830        

refining, including, but not limited to, gold, silver, platinum,   9,831        

and palladium, and which is in such state or condition that its    9,832        

value depends upon its content and not upon its form.              9,833        

"Investment metal bullion" does not include fabricated precious    9,834        

metal which THAT has been processed or manufactured for one or     9,835        

more specific and customary industrial, professional, or artistic  9,837        

uses.  "Investment coins" means numismatic coins or other forms    9,838        

of money and legal tender manufactured of gold, silver, platinum,  9,839        

palladium, or other metal under the laws of the United States or   9,840        

any foreign nation with a fair market value greater than any       9,841        

statutory or nominal value of such coins.                          9,842        

      (37)(a)  Sales where the purpose of the consumer is to use   9,844        

or consume the things transferred in making retail sales and       9,845        

consisting of newspaper inserts, catalogues, coupons, flyers,      9,846        

gift certificates, or other advertising material which THAT        9,847        

prices and describes tangible personal property offered for        9,849        

                                                          235    

                                                                 
retail sale.                                                                    

      (b)  Sales to direct marketing vendors of preliminary        9,851        

materials such as photographs, artwork, and typesetting that will  9,852        

be used in printing advertising material; of printed matter that   9,853        

offers free merchandise or chances to win sweepstake prizes and    9,854        

that is mailed to potential customers with advertising material    9,855        

described in division (B)(37)(a) of this section; and of           9,856        

equipment such as telephones, computers, facsimile machines, and   9,857        

similar tangible personal property primarily used to accept        9,858        

orders for direct marketing retail sales.                          9,859        

      (c)  Sales of automatic food vending machines that preserve  9,861        

food with a shelf life of forty-five days or less by               9,862        

refrigeration and dispense it to the consumer.                     9,863        

      For purposes of division (B)(37) of this section, "direct    9,865        

marketing" means the method of selling where consumers order       9,866        

tangible personal property by United States mail, delivery         9,867        

service, or telecommunication and the vendor delivers or ships     9,868        

the tangible personal property sold to the consumer from a         9,869        

warehouse, catalogue distribution center, or similar fulfillment   9,870        

facility by means of the United States mail, delivery service, or  9,871        

common carrier.                                                    9,872        

      (38)  Sales to a person engaged in the business of           9,874        

horticulture or producing livestock of materials to be             9,875        

incorporated into a horticulture structure or livestock            9,877        

structure;                                                                      

      (39)  THE SALE OF A MOTOR VEHICLE THAT IS USED EXCLUSIVELY   9,879        

FOR A VANPOOL RIDESHARING ARRANGEMENT TO PERSONS PARTICIPATING IN  9,880        

THE VANPOOL RIDESHARING ARRANGEMENT WHEN THE VENDOR IS SELLING     9,881        

THE VEHICLE PURSUANT TO A CONTRACT BETWEEN THE VENDOR AND THE      9,882        

DEPARTMENT OF TRANSPORTATION.                                                   

      For the purpose of the proper administration of this         9,884        

chapter, and to prevent the evasion of the tax, it is presumed     9,885        

that all sales made in this state are subject to the tax until     9,886        

the contrary is established.                                       9,887        

                                                          236    

                                                                 
      As used in this section, except in division (B)(16) of this  9,889        

section, "food" includes cereals and cereal products, milk and     9,890        

milk products including ice cream, meat and meat products, fish    9,891        

and fish products, eggs and egg products, vegetables and           9,892        

vegetable products, fruits, fruit products, and pure fruit         9,893        

juices, condiments, sugar and sugar products, coffee and coffee    9,894        

substitutes, tea, and cocoa and cocoa products.  It does not       9,895        

include:  spirituous or malt liquors; soft drinks; sodas and       9,896        

beverages which THAT are ordinarily dispensed at bars and soda     9,897        

fountains or in connection therewith other than coffee, tea, and   9,898        

cocoa; root beer and root beer extracts; malt and malt extracts;   9,899        

mineral oils, cod liver oils, and halibut liver oil; medicines,    9,900        

including tonics, vitamin preparations, and other products sold    9,901        

primarily for their medicinal properties; and water, including     9,902        

mineral, bottled, and carbonated waters and ice.                   9,903        

      (C)  The levy of an excise tax on transactions by which      9,905        

lodging by a hotel is or is to be furnished to transient guests    9,906        

pursuant to this section and division (B) of section 5739.01 of    9,907        

the Revised Code does not prevent any of the following:            9,908        

      (1)  A municipal corporation or township from levying an     9,910        

excise tax for any lawful purpose not to exceed three per cent on  9,911        

transactions by which lodging by a hotel is or is to be furnished  9,912        

to transient guests in addition to the tax levied by this          9,913        

section.  If a municipal corporation or township repeals a tax     9,914        

imposed under division (C)(1) of this section and a county in      9,915        

which the municipal corporation or township has territory has a    9,916        

tax imposed under division (C) of section 5739.024 of the Revised  9,917        

Code in effect, the municipal corporation or township may not      9,918        

reimpose its tax as long as that county tax remains in effect.  A  9,919        

municipal corporation or township in which a tax is levied under   9,920        

division (B)(2) of section 351.021 of the Revised Code may not     9,921        

increase the rate of its tax levied under division (C)(1) of this  9,922        

section to any rate that would cause the total taxes levied under  9,923        

both of those divisions to exceed three per cent on any lodging    9,924        

                                                          237    

                                                                 
transaction within the municipal corporation or township.          9,925        

      (2)  A municipal corporation or a township from levying an   9,927        

additional excise tax not to exceed three per cent on such         9,928        

transactions pursuant to division (B) of section 5739.024 of the   9,929        

Revised Code.  Such tax is in addition to any tax imposed under    9,930        

division (C)(1) of this section.                                   9,931        

      (3)  A county from levying an excise tax not to exceed       9,933        

three per cent of such transactions pursuant to division (A) of    9,934        

section 5739.024 of the Revised Code.                              9,935        

      (4)  A county from levying an excise tax not to exceed       9,937        

three per cent of such transactions pursuant to division (C) of    9,938        

section 5739.024 of the Revised Code.  Such a tax is in addition   9,939        

to any tax imposed under division (C)(3) of this section.          9,940        

      (5)  A convention facilities authority, as defined in        9,942        

division (A) of section 351.01 of the Revised Code, from levying   9,943        

the excise taxes provided for in division (B) of section 351.021   9,944        

of the Revised Code.                                               9,945        

      (6)  A county from levying an excise tax not to exceed one   9,947        

and one-half per cent of such transactions pursuant to division    9,948        

(D) of section 5739.024 of the Revised Code.  Such tax is in       9,949        

addition to any tax imposed under division (C)(3) or (4) of this   9,950        

section.                                                           9,951        

      (7)  A county from levying an excise tax not to exceed one   9,953        

and one-half per cent of such transactions pursuant to division    9,954        

(E) of section 5739.024 of the Revised Code.  Such a tax is in     9,955        

addition to any tax imposed under division (C)(3), (4), or (6) of  9,956        

this section.                                                      9,957        

      (D)  The levy of this tax on retail sales of recreation and  9,959        

sports club service shall not prevent a municipal corporation      9,960        

from levying any tax on recreation and sports club dues or on any  9,961        

income generated by recreation and sports club dues.               9,962        

      Sec. 6101.16.  When it is determined to let the work         9,971        

relating to the improvements for which a conservancy district was  9,972        

established by contract, contracts in amounts to exceed ten        9,973        

                                                          238    

                                                                 
FIFTEEN thousand dollars shall be advertised after notice calling  9,975        

for bids has been published once a week for three consecutive      9,976        

weeks completed on date of last publication, in at least one       9,977        

newspaper of general circulation within the conservancy district   9,978        

where the work is to be done.  If the bids are for a contract for  9,979        

the construction, demolition, alteration, repair, or               9,980        

reconstruction of an improvement, the board of directors of the    9,981        

conservancy district may let the contract to the lowest or best    9,982        

bidder who meets the requirements of section 153.54 of the         9,983        

Revised Code.  If the bids are for a contract for any other work   9,984        

relating to the improvements for which a conservancy district was  9,985        

established, the board of directors of the district may let the    9,986        

contract to the lowest or best bidder who gives a good and         9,987        

approved bond, with ample security, conditioned on the carrying    9,988        

out of the contract.  The contract shall be in writing and shall   9,989        

be accompanied by or refer to plans and specifications for the     9,990        

work to be done prepared by the chief engineer.  The plans and     9,991        

specifications shall at all times be made and considered a part    9,992        

of the contract.  The contract shall be approved by the board and  9,993        

signed by the president of the board and by the contractor and     9,994        

shall be executed in duplicate.  In case of sudden emergency when  9,995        

it is necessary in order to protect the district, the advertising  9,996        

of contracts may be waived upon the consent of the board, with     9,997        

the approval of the court or a judge of the court of common pleas  9,998        

of the county in which the office of the district is located.      9,999        

      Section 2.  That existing sections 121.05, 121.07, 121.08,   10,001       

303.211, 308.13, 519.211, 2925.44, 2933.43, 3701.022, 3701.07,     10,002       

3701.83, 4301.10, 4301.12, 4501.01, 4501.03, 4501.14, 4501.15,     10,004       

4501.19, 4501.20, 4501.22, 4503.102, 4503.191, 4503.40, 4503.42,                

4503.51, 4503.52, 4503.55, 4503.56, 4503.66, 4505.11, 4505.111,    10,006       

4506.24, 4509.06, 4511.10, 4511.101, 4511.102, 4511.191,           10,007       

4511.951, 4517.01, 4517.02, 4517.12, 4981.09, 4981.34, 5112.17,    10,008       

5501.01, 5501.311, 5501.32, 5501.34, 5501.37, 5502.01, 5502.12,    10,009       

5502.22, 5513.01, 5513.04, 5513.06, 5515.01, 5516.01, 5516.02,     10,011       

                                                          239    

                                                                 
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,     10,012       

5531.09, 5531.10, 5540.01, 5540.03, 5735.05, 5735.12, 5735.145,    10,013       

5735.19, 5735.23, 5735.29, 5739.02, and 6101.16 and sections       10,014       

3701.61, 3701.611, 3701.62, 3701.63, 3701.64, 3701.65, 3701.66,    10,016       

3701.67, 3701.68, 3701.69, 4501.21, 4501.23, 4509.09, 4981.151,    10,017       

4981.152, 5516.05, 5516.09, and 5735.146 of the Revised Code are   10,018       

hereby repealed.                                                                

      Section 3.  That section 5513.01 of the Revised Code, as     10,020       

amended by Sub. H.B. 572 of the 121st General Assembly, be         10,021       

amended to read as follows:                                        10,022       

      Sec. 5513.01.  (A)  All purchases of machinery, materials,   10,031       

supplies, or other articles that the director of transportation    10,032       

makes shall be in the manner provided in this section.  In all     10,033       

cases except those in which the director authorizes PROVIDES       10,034       

WRITTEN AUTHORIZATION FOR purchases by district deputy directors   10,035       

of transportation, all such purchases shall be made at the         10,036       

central office of the department of transportation IN COLUMBUS.    10,037       

Before making any purchase at that office, the director, as        10,039       

provided in this section, shall give notice to bidders of the      10,040       

director's intention to purchase.  Where the expenditure is DOES   10,041       

not more than five hundred dollars EXCEED THE AMOUNT APPLICABLE    10,043       

TO THE PURCHASE OF SUPPLIES SPECIFIED IN DIVISION (B) OF SECTION   10,044       

125.05 OF THE REVISED CODE, AS ADJUSTED PURSUANT TO DIVISION (D)                

OF THAT SECTION, the director shall give such notice as the        10,047       

director considers proper, or the director may make the purchase   10,048       

without notice.  Where the expenditure is more than five hundred   10,049       

dollars EXCEEDS THE AMOUNT APPLICABLE TO THE PURCHASE OF SUPPLIES  10,050       

SPECIFIED IN DIVISION (B) OF SECTION 125.05 OF THE REVISED CODE,   10,051       

AS ADJUSTED PURSUANT TO DIVISION (D) OF THAT SECTION, the          10,052       

director shall give notice by posting for not less than ten days   10,054       

a written, typed, or printed invitation to bidders on a bulletin   10,055       

board, which shall be located in a place in the offices assigned   10,056       

to the department and open to the public during business hours.    10,057       

                                                          240    

                                                                 
Producers or distributors of any product may notify the director,  10,058       

in writing, of the class of articles for the furnishing of which   10,059       

they desire to bid and their post-office addresses, in which case  10,060       

copies of all invitations to bidders relating to the purchase of   10,061       

such articles shall be mailed to such persons by the director by   10,062       

regular first class mail at least ten days prior to the time       10,063       

fixed for taking bids.  The director also may mail copies of all   10,064       

invitations to bidders to news agencies or other agencies or       10,065       

organizations distributing information of this character.          10,066       

Requests for invitations shall not be valid or NOR require action  10,067       

by the director unless renewed, either annually or after such      10,069       

shorter period as the director may prescribe by a general          10,070       

regulation RULE.  The invitation to bidders shall contain a brief  10,071       

statement of the general character of the article that it is       10,072       

intended to purchase, the approximate quantity desired, and a      10,073       

statement of the time and place where bids will be received, and   10,074       

may relate to and describe as many different articles as the       10,075       

director thinks proper, it being the intent and purpose of this    10,076       

section to authorize the inclusion in a single invitation of as    10,077       

many different articles as the director desires to invite bids     10,078       

upon at any given time.  Invitations issued during each calendar   10,079       

year shall be given consecutive numbers, and the number assigned   10,080       

to each invitation shall appear on all copies thereof.  In all     10,081       

cases where notice is required by this section, sealed bids shall  10,082       

be taken, on forms prescribed and furnished by the director, and   10,083       

modification of bids after they have been opened shall not be      10,085       

permitted.                                                                      

      (B)  The director may permit any political subdivision and   10,088       

any state university or college to participate in contracts into   10,089       

which the director has entered for the purchase of machinery,      10,090       

materials, supplies, or other articles.  Any political             10,091       

subdivision or state university or college desiring to             10,092       

participate in such purchase contracts shall file with the         10,093       

director a certified copy of the ordinance or resolution of its    10,094       

                                                          241    

                                                                 
legislative authority, board of trustees, or other governing       10,095       

board requesting authorization to participate in such contracts    10,096       

and agreeing to be bound by such terms and conditions as the       10,097       

director prescribes.  Purchases made by political subdivisions or  10,098       

state universities or colleges under this division are exempt      10,099       

from any competitive bidding required by law for the purchase of   10,100       

machinery, materials, supplies, or other articles.                 10,101       

      (C)  As used in this section:                                10,103       

      (1)  "Political subdivision" means any county, township,     10,105       

municipal corporation, conservancy district, township park         10,106       

district, park district created under Chapter 1545. of the         10,107       

Revised Code, port authority, regional transit authority,          10,108       

regional airport authority, regional water and sewer district, or  10,109       

county transit board.                                              10,110       

      (2)  "State university or college" has the same meaning as   10,112       

in division (A)(1) of section 3345.32 of the Revised Code.         10,113       

      Section 4.  That all existing versions of section 5513.01    10,115       

of the Revised Code are hereby repealed.                           10,116       

      Section 5.  Section 5513.01 of the Revised Code, as amended  10,118       

within the purview of Sections 3 and 4 of this act, is subject to  10,119       

the referendum.  Therefore, under Ohio Constitution, Article II,   10,120       

Section 1d and section 1.471 of the Revised Code, the section as   10,121       

amended takes effect on March 4, 1998, or the ninety-first day     10,122       

after this act is filed with the Secretary of State, whichever is  10,123       

later.  If, however, a referendum petition is filed against the                 

section as amended, the section as amended, unless rejected at     10,124       

the referendum, takes effect at the earliest time permitted by     10,125       

law that is on or after the effective date specified in the        10,126       

preceding sentence.                                                             

      Section 6.  Except as otherwise provided, all appropriation  10,128       

line items (ALI) in this act are hereby appropriated out of any    10,129       

moneys in the state treasury to the credit of the designated       10,130       

fund, which are not otherwise appropriated.  For all               10,131       

appropriations made in this act, those amounts in the first        10,132       

                                                          242    

                                                                 
column are for fiscal year 1998 and those amounts in the second    10,133       

column are for fiscal year 1999.                                   10,134       

      Section 7.  DOT  DEPARTMENT OF TRANSPORTATION                10,136       

FND ALI     ALI TITLE                    FY 1998        FY 1999    10,138       

              Transportation Planning and Research                 10,140       

Highway Operating Fund Group                                       10,142       

002 771-411 Planning and Research                                  10,145       

            - State               $   14,033,200 $   12,750,200    10,147       

002 771-412 Planning and Research                                  10,149       

            - Federal             $   15,607,900 $   15,514,200    10,151       

TOTAL HOF Highway Operating                                        10,152       

   Fund Group                     $   29,641,100 $   28,264,400    10,155       

TOTAL ALL BUDGET FUND GROUPS -                                     10,156       

   Transportation Planning                                         10,157       

   and Research                   $   29,641,100 $   28,264,400    10,160       

                      Highway Construction                         10,161       

Highway Operating Fund Group                                       10,163       

002 772-421 Highway Construction                                   10,165       

            - State               $  437,272,875 $  446,175,412    10,167       

002 772-422 Highway Construction                                   10,169       

            - Federal             $  539,992,100 $  541,035,800    10,171       

002 772-424 Highway Construction                                   10,173       

            - Other               $   25,000,000 $   25,000,000    10,175       

212 770-005 Infrastructure Debt                                    10,177       

            Service - Federal     $    6,500,000 $   10,550,000    10,179       

212 772-423 Infrastructure Lease                                   10,181       

            Payments - Federal    $   12,900,000 $   12,900,000    10,183       

212 772-426 Highway                                                10,185       

            Infrastructure Bank -                                               

            Federal               $   17,000,000 $   27,000,000    10,187       

212 772-427 Highway                                                10,189       

            Infrastructure Bank -                                               

            State                 $    5,000,000 $    8,000,000    10,191       

212 772-429 Highway                                                10,193       

                                                          243    

                                                                 
            Infrastructure Bank -                                               

            Other                 $    7,000,000 $    3,350,000    10,195       

TOTAL HOF Highway Operating                                        10,196       

   Fund Group                     $1,050,664,975 $1,074,011,212    10,199       

Highway Capital Improvement Fund Group                             10,201       

042 772-723 Highway Construction                                   10,204       

            - Bonds               $  225,000,000 $  215,000,000    10,206       

TOTAL 042 Capital Highway                                          10,207       

   Improvement                                                                  

   Fund Group                     $  225,000,000 $  215,000,000    10,210       

Infrastructure Bank Obligations                                    10,211       

   Fund Group                                                                   

045 772-428 Highway                                                10,213       

            Infrastructure Bank -                                               

            Bonds                 $   50,000,000 $   40,000,000    10,215       

TOTAL 045 Infrastructure Bank                                      10,216       

   Obligations Fund Group         $   50,000,000 $   40,000,000    10,219       

TOTAL ALL BUDGET FUND GROUPS -                                     10,220       

   Highway Construction           $1,325,664,975 $1,329,011,212    10,223       

                       Highway Maintenance                         10,225       

Highway Operating Fund Group                                       10,227       

002 773-431 Highway Maintenance -                                  10,230       

            State                 $  311,356,900 $  313,925,600    10,232       

TOTAL HOF Highway Operating                                        10,233       

   Fund Group                     $  311,356,900 $  313,925,600    10,236       

TOTAL ALL BUDGET FUND GROUPS -                                     10,240       

   Highway Maintenance            $  311,356,900 $  313,925,600    10,243       

                    Intermodal Transportation                      10,246       

General Revenue Fund                                               10,248       

GRF 774-445 Intermodal Capital                                     10,251       

            Grants                $    2,000,000 $            0    10,253       

TOTAL GRF General Revenue Fund    $    2,000,000 $            0    10,256       

State Special Revenue Fund Group                                   10,259       

4Y2 774-444 Congestion Mitigation                                  10,262       

                                                          244    

                                                                 
            Revolving Fund        $       50,000 $       50,000    10,264       

TOTAL SSR State Special Revenue   $       50,000 $       50,000    10,266       

   Fund Group                                                                   

TOTAL ALL BUDGET FUND GROUPS -                                     10,267       

   Intermodal Transportation      $    2,050,000 $       50,000    10,270       

                      Public Transportation                        10,273       

Highway Operating Fund Group                                       10,274       

002 775-452 Public Transportation                                  10,277       

            - Federal             $   39,600,000 $   39,600,000    10,279       

002 775-454 Public Transportation                                  10,281       

            - Other               $    1,250,000 $    1,250,000    10,283       

002 775-459 Elderly and Disabled                                   10,285       

            Special Equipment -                                                 

            Federal               $    3,740,000 $    3,740,000    10,287       

212 775-406 Transit                                                10,289       

            Infrastructure Bank -                                               

            Federal               $    6,000,000 $    5,000,000    10,291       

212 775-407 Transit                                                10,293       

            Infrastructure Bank -                                               

            State                 $            0 $    1,000,000    10,295       

212 775-408 Transit                                                10,297       

            Infrastructure Bank -                                               

            Other                 $    2,000,000 $    1,000,000    10,299       

TOTAL HOF Highway Operating                                        10,300       

   Fund Group                     $   52,590,000 $   51,590,000    10,303       

TOTAL ALL BUDGET FUND GROUPS -                                     10,306       

   Public Transportation          $   52,590,000 $   51,590,000    10,309       

                       Rail Transportation                         10,311       

Highway Operating Fund Group                                       10,313       

002 776-462 Grade Crossings -                                      10,316       

            Federal               $   15,000,000 $   15,000,000    10,318       

TOTAL HOF Highway Operating                                        10,319       

   Fund Group                     $   15,000,000 $   15,000,000    10,322       

                                                                                

                                                          245    

                                                                 
State Special Revenue Fund Group                                   10,325       

4N4 776-661 Rail Transportation -                                  10,328       

            State                 $    5,392,000 $    5,388,000    10,330       

4N4 776-663 Panhandle Lease                                        10,332       

            Payments              $      758,000 $      762,000    10,334       

4N4 776-664 Rail Transportation -                                  10,336       

            Other                 $      500,000 $      500,000    10,338       

TOTAL SSR State Special Revenue                                    10,339       

   Fund Group                     $    6,650,000 $    6,650,000    10,342       

Federal Special Revenue Fund Group                                 10,345       

3B9 776-662 Rail Transportation -                                  10,348       

            Federal               $    1,000,000 $    1,000,000    10,350       

TOTAL FED Federal Special Revenue                                  10,351       

   Fund Group                     $    1,000,000 $    1,000,000    10,354       

TOTAL ALL BUDGET FUND GROUPS -                                     10,355       

   Rail Transportation            $   22,650,000 $   22,650,000    10,358       

                            Aviation                               10,361       

Highway Operating Fund Group                                       10,363       

002 777-472 Airport Improvements                                   10,366       

            - Federal             $      405,000 $      405,000    10,368       

002 777-475 Aviation                                               10,370       

            Administration        $    4,001,984 $    4,044,108    10,372       

213 777-477 Aviation                                               10,374       

            Infrastructure Bank -                                               

            State                 $    1,000,000 $    1,000,000    10,376       

TOTAL HOF Highway Operating                                        10,377       

   Fund Group                     $    5,406,984 $    5,449,108    10,380       

TOTAL ALL BUDGET FUND GROUPS -                                     10,381       

   Aviation                       $    5,406,984 $    5,449,108    10,384       

                         Administration                            10,387       

Highway Operating Fund Group                                       10,389       

002 779-491 Administration -                                       10,392       

            State                 $  111,020,200 $  107,292,600    10,394       

4T5 770-609 ODOT Memorial         $       20,000 $            0    10,398       

                                                          246    

                                                                 
TOTAL HOF Highway Operating                                        10,399       

   Fund Group                     $  111,040,200 $  107,292,600    10,402       

TOTAL ALL BUDGET FUND GROUPS -                                     10,403       

   Administration                 $  111,040,200 $  107,292,600    10,406       

                          Debt Service                             10,409       

Highway Operating Fund Group                                       10,411       

002 770-003 Administration -                                       10,414       

            State - Debt Service  $   16,420,000 $   19,567,000    10,416       

TOTAL HOF Highway Operating                                        10,417       

   Fund Group                     $   16,420,000 $   19,567,000    10,420       

TOTAL ALL BUDGET FUND GROUPS -                                     10,421       

Debt Service                      $   16,420,000 $   19,567,000    10,424       

               TOTAL Department of Transportation                  10,427       

TOTAL HOF Highway Operating                                        10,429       

   Fund Group                     $1,592,120,159 $1,615,099,920    10,432       

TOTAL 042 Highway Capital                                          10,433       

   Improvement Fund Group         $  225,000,000 $  215,000,000    10,436       

TOTAL 045 Infrastructure Bank                                      10,437       

   Obligations Fund Group         $   50,000,000 $   40,000,000    10,440       

TOTAL GRF General Revenue Fund    $    2,000,000 $            0    10,443       

TOTAL SSR State Special Revenue                                    10,444       

   Fund Group                     $    6,700,000 $    6,700,000    10,447       

TOTAL FED Federal Special Revenue                                  10,448       

   Fund Group                     $    1,000,000 $    1,000,000    10,451       

TOTAL ALL BUDGET FUND GROUPS      $1,876,820,159 $1,877,799,920    10,454       

      Section 7.01.  Issuance of Bonds                             10,457       

      The Commissioners of the Sinking Fund, upon the request of   10,459       

the Director of Transportation, are hereby authorized to issue     10,460       

and sell, in accordance with the provisions of Section 2m of       10,461       

Article VIII, Ohio Constitution, and sections 5528.51 and 5528.56  10,462       

of the Revised Code, obligations, including bonds and notes, of    10,463       

the State of Ohio in the aggregate amount of $432,500,000 of                    

original issuance obligations.                                     10,464       

      The obligations shall be dated, issued, and sold from time   10,466       

                                                          247    

                                                                 
to time in such amounts as may be necessary to provide sufficient  10,467       

moneys to the credit of the Highway Capital Improvement Fund       10,468       

(Fund 042) created by section 5538.53 of the Revised Code to pay   10,469       

costs charged to the fund when due as estimated by the Director    10,470       

of Transportation, provided, however, that such obligations shall               

be issued and sold at such time or times so that not more than     10,471       

$220,000,000 original principal amount of obligations, plus the    10,472       

principal amount of obligations that in prior fiscal years could   10,473       

have been, but were not issued within the $220,000,000 limit, may  10,474       

be issued in any fiscal year, and not more than $1,200,000,000     10,475       

original principal amount of obligations issued pursuant to        10,476       

Section 2m of Article VIII, Ohio Constitution, and sections                     

5528.51 and 5528.56 of the Revised Code are outstanding at any     10,477       

one time.                                                                       

      Bond Funds Transfer                                          10,479       

      The Director of Budget and Management may cancel             10,481       

encumbrances associated with Highway Obligations Construction      10,482       

Fund (Fund 041) appropriations and reestablish such encumbrances   10,483       

or parts of encumbrances as needed in fiscal year 1998 in the      10,484       

Highway Capital Improvement Fund (Fund 042) appropriation item     10,485       

772-723, Highway Construction - Bonds, for the same purpose and                 

to the same vendor.  As determined by the Director, the            10,486       

appropriation authority necessary to reestablish such              10,487       

encumbrances in fiscal year 1998 in Fund 042 is hereby             10,488       

authorized.  The Director shall reduce each year's appropriation                

balances by the amount of the encumbrances cancelled in its        10,489       

respective line item.  As determined by the Director, any cash     10,490       

balance remaining in Fund 041 may be transferred to Fund 042.      10,491       

      Section 7.02.  Major New Construction                        10,493       

      For major new highway construction projects, the Department  10,495       

of Transportation shall use at least $314,500,000 in fiscal year   10,496       

1998 and at least $156,500,000 in fiscal year 1999 from all        10,497       

available sources.                                                              

      Sharon Woods Metro Park                                      10,499       

                                                          248    

                                                                 
      Of the foregoing appropriation item 773-431, Highway         10,501       

Maintenance - State, $200,000 in fiscal year 1998 shall be used    10,502       

to erect a fence between Interstate 270 and the Sharon Woods       10,503       

Metro Park.                                                                     

      Section 7.03.  Maintenance Interstate Highways               10,505       

      The Director of Transportation may remove snow and ice, and  10,507       

maintain, repair, improve, or provide lighting upon interstate     10,508       

highways which are located within the boundaries of municipal      10,509       

corporations, adequate to meet the requirements of federal law.    10,511       

When agreed in writing by the director and the legislative                      

authority of a municipal corporation, and notwithstanding          10,512       

sections 125.01 and 125.11 of the Revised Code, the Department of  10,513       

Transportation may reimburse the municipal corporation for all or  10,514       

any part of the costs, as provided by such agreement, incurred by  10,515       

the municipal corporation maintaining, repairing, lighting, and    10,516       

removing snow and ice from the interstate system.                  10,517       

      Section 7.04.  Transfer of Appropriations - Planning and     10,519       

Research, Highway Construction, Maintenance and Administration     10,520       

      The Director of Budget and Management may approve requests   10,522       

from the Department of Transportation, for transfer of funds       10,523       

among the appropriations for highway planning and research (line   10,524       

items 771-411 and 771-412), highway construction (line items       10,525       

772-421, 772-422, and 772-424), highway maintenance (line item     10,526       

773-431), and highway administration (line item 779-491).          10,528       

Transfers between appropriation items shall be made upon the       10,530       

written request of the Director of Transportation with the         10,531       

approval of the Director of Budget and Management.  Such           10,532       

transfers shall be reported to the Controlling Board at the next   10,533       

regularly scheduled meeting of the board.                          10,534       

      This transfer language is intended to provide for emergency  10,536       

situations and flexibility to meet unforeseen conditions that      10,537       

could arise during the budget period.  This will also allow the    10,538       

Department to optimize the use of available resources, and adjust  10,539       

to circumstances affecting the obligation and expenditure of       10,540       

                                                          249    

                                                                 
federal funds.                                                     10,541       

      Transfer of Appropriations - State Infrastructure Bank       10,543       

      The Director of Budget and Management may approve requests   10,545       

from the Department of Transportation for transfer of funds among  10,546       

the appropriations of the Infrastructure Bank funds created in     10,547       

section 5531.09 of the Revised Code, including transfers between   10,548       

fiscal years 1998 and 1999.  Such transfers shall be reported to   10,549       

the Controlling Board at the next regularly scheduled meeting of   10,550       

the board.  However, the Director may not make transfers out of                 

debt service and lease payment line items unless the Director      10,551       

determines that the appropriated amounts exceed the actual and     10,552       

projected debt, rental, or lease payments.                         10,553       

      The Director of Budget and Management may approve requests   10,555       

from the Department of Transportation for transfer of funds from   10,556       

appropriations of the Highway Operating Fund (Fund 002) to         10,557       

appropriations of the Infrastructure Bank funds created in         10,558       

section 5531.09 of the Revised Code.  Such transfers shall be                   

reported to the Controlling Board at the next regularly scheduled  10,559       

meeting of the board.  However, the Director may not make          10,560       

transfers between modes and transfers between different funding    10,561       

sources.                                                           10,562       

      Transfer of Appropriations - Public Transportation           10,564       

      The Director of Budget and Management may approve requests   10,566       

from the Department of Transportation for transfer of funds        10,567       

between appropriation item 775-451, Public Transportation -        10,568       

State, and 775-456, Public Transportation - Discretionary          10,569       

Capital.                                                                        

      Increase Appropriation Authority - State Funds               10,571       

      In the event that revenues or unexpended balances, credited  10,573       

to the Highway Operating Fund, exceed the estimates upon which     10,574       

the appropriations have been made in this act, the Director of     10,575       

Transportation may submit a request to the Controlling Board for   10,576       

increased appropriation authority in the same manner as            10,577       

prescribed in section 131.35 of the Revised Code.  Such            10,579       

                                                          250    

                                                                 
additional revenues or unexpended balances are hereby              10,580       

appropriated to the Department of Transportation when authorized   10,581       

by the Controlling Board.                                                       

      Increase Appropriation Authority - Federal and Local Funds   10,584       

      In the event that receipts or unexpended balances credited   10,586       

to the Highway Operating Fund, or apportionments or allocations    10,587       

made available from the federal and local government exceed the    10,588       

estimates upon which the appropriations have been made in this     10,590       

act, such excess is hereby appropriated and may be added to the    10,592       

appropriate item or items when requested by the Director of        10,593       

Transportation and approved by the Director of Budget and          10,594       

Management and the Controlling Board.                                           

      Reappropriations                                             10,596       

      All appropriations of the Highway Operating Fund (Fund 002)  10,598       

and the Highway Capital Improvement Fund (Fund 042) remaining      10,599       

unencumbered on June 30, 1997, and the unexpended balance of       10,601       

prior years' appropriations that subsequently become unencumbered  10,602       

after June 30, 1997, subject to the availability of revenue as     10,604       

determined by the Director of Transportation, are hereby           10,605       

reappropriated for the same purpose in fiscal year 1998 upon the   10,606       

request of the Director of Transportation with the approval of     10,608       

the Director of Budget and Management.  Such reappropriations      10,609       

shall be reported to the Controlling Board at the next regularly   10,610       

scheduled meeting of the board.                                                 

      All appropriations of the Highway Operating Fund (Fund 002)  10,612       

and the Highway Capital Improvement Fund (Fund 042) in this act    10,613       

remaining unencumbered as of June 30, 1998, are reappropriated     10,614       

for use during fiscal year 1999 for the same purpose.  The         10,615       

department shall report all such reappropriations to the           10,617       

Controlling Board.                                                              

      Section 7.05.  Public Access Roads for State Facilities      10,619       

      Of the foregoing appropriation item 772-421, Highway         10,621       

Construction - State, $2,965,000 is to be used each fiscal year    10,622       

during the 1997-1999 biennium by the Department of Transportation  10,623       

                                                          251    

                                                                 
for the construction, reconstruction, or maintenance of public     10,624       

access roads, including support features, to and within state      10,625       

facilities owned or operated by the Department of Natural          10,626       

Resources, as requested by the Director of Natural Resources.      10,627       

      Notwithstanding section 5511.06 of the Revised Code, of the  10,629       

foregoing appropriation item 772-421, Highway Construction -       10,630       

State, $2,100,000 in each fiscal year of the 1997-1999 biennium    10,631       

shall be used by the Department of Transportation for the          10,632       

construction, reconstruction, or maintenance of park drives or     10,633       

park roads within the boundaries of metropolitan parks.            10,634       

      Included in the foregoing appropriation item 772-421,        10,636       

Highway Construction - State, the department may perform related   10,638       

road work on behalf of the Ohio Expositions Commission at the      10,639       

state fairgrounds.  This includes reconstruction or maintenance    10,641       

of public access roads, including support features, to and within  10,643       

the facilities as requested by the commission and approved by the  10,644       

Director of Transportation.                                        10,645       

      Liquidation of Unforeseen Liabilities                        10,647       

      Any appropriation made to the Department of Transportation,  10,649       

Highway Operating Fund, not otherwise restricted by law, is        10,650       

available to liquidate unforeseen liabilities arising from         10,652       

contractual agreements of prior years when the prior year          10,653       

encumbrance is insufficient.                                       10,654       

      Congestion Mitigation                                        10,656       

      The foregoing appropriation item 774-444, Congestion         10,658       

Mitigation Revolving Fund, shall be used to make loans or grants   10,659       

for the construction, reconstruction, resurfacing, restoring,      10,660       

rehabilitation, or replacement of public or private                10,661       

transportation facilities as eligible under United States Code,    10,662       

Title XXIII.  Fund revenues shall include, but are not limited                  

to, payments received from any public or private agency in         10,663       

repayment of a loan previously made from the fund or pursuant to   10,664       

23 U.S.C. 129(a)(7) or successor legislation; interest or other    10,665       

income earned on the investment of moneys in the fund; and any     10,666       

                                                          252    

                                                                 
additional moneys made available from any sources, public or                    

private, for the purposes for which the fund has been              10,667       

established.                                                                    

      Lease Payments                                               10,669       

      Within the Rail Development Fund (4N4), the amount of the    10,671       

foregoing appropriation item 776-663, Panhandle Lease Payments,    10,672       

shall be used to meet scheduled payments for the Panhandle Rail    10,673       

Line.  The Director of Transportation shall certify to the         10,674       

Director of Budget and Management any appropriations in line item  10,675       

776-663, Panhandle Lease Payments, that are not needed to make     10,676       

lease payments for the Panhandle Rail Line.  Notwithstanding       10,677       

section 127.14 of the Revised Code, the amount certified is        10,678       

hereby transferred to appropriation item 776-661, Rail             10,679       

Transportation - State.  Such transfers shall be reported by the   10,680       

Director of Transportation to the Controlling Board at the next    10,681       

regularly scheduled meeting of the board.                          10,682       

      Section 7.06.  Department of Taxation                        10,684       

      Of the foregoing appropriation item 779-491,                 10,686       

Administration-State, $4,300,000 each fiscal year of the           10,687       

1997-1999 biennium shall be transferred to the General Revenue     10,688       

Fund for reimbursement of the services provided by the Department  10,690       

of Taxation pursuant to sections 5728.08, 5735.26, and 5735.29 of  10,691       

the Revised Code.  The Director of Transportation shall make such  10,692       

transfer upon the receipt of a written request from the Director   10,693       

of Budget and Management.                                          10,694       

      Rental Payments - OBA                                        10,696       

      The foregoing appropriation item 770-003, Administration -   10,698       

State - Debt Service, shall be used to pay rent to the Ohio        10,699       

Building Authority for various capital facilities to be            10,701       

constructed, reconstructed, or rehabilitated for the use of the    10,703       

Department of Transportation, including the department's plant     10,704       

and facilities at its central office, field districts, and county  10,705       

and outpost locations.  The rental payments shall be made from     10,706       

revenues received from the motor vehicle fuel tax.  The amounts    10,707       

                                                          253    

                                                                 
of any bonds and notes to finance such capital facilities shall    10,708       

be at the request of the Director of Transportation.               10,709       

Notwithstanding section 152.24 of the Revised Code, the Ohio       10,710       

Building Authority may, with approval of the Office of Budget and  10,711       

Management, lease capital facilities to the Department of          10,712       

Transportation.                                                                 

      The Director of Transportation shall hold title to any land  10,714       

purchased and any resulting structures that are attributable to    10,715       

this appropriation item.  Notwithstanding section 152.18 of the    10,717       

Revised Code, the Director of Transportation shall administer any  10,719       

purchase of land and any contract for construction,                10,721       

reconstruction, and rehabilitation of facilities as a result of    10,722       

this appropriation.                                                             

      Should the appropriation and any reappropriations from       10,724       

prior years in item 770-003 exceed the rental payments for fiscal  10,725       

years 1998 or 1999, then prior to June 30, 1999, the balance may   10,726       

be transferred to either item 772-421, 773-431, or 779-491.  Such  10,728       

transfer shall be requested by the Director of Transportation      10,729       

with approval by the Director of Budget and Management.            10,730       

Transfers shall be reported to the Controlling Board at the next   10,731       

regularly scheduled meeting of the board.                          10,732       

      Section 7.07. Public Transportation Highway Purpose Grants   10,734       

      The Director of Transportation is authorized to use funds    10,736       

from the state motor vehicle fuel tax to match approved federal    10,738       

grants awarded to the Department of Transportation, regional       10,740       

transit authorities, or eligible public transportation systems,    10,742       

for public transportation highway purposes, or to support local    10,743       

or state funded projects for public transportation highway         10,744       

purposes.  Public transportation highway purposes include:  the    10,746       

construction or repair of high occupancy vehicle traffic lanes;    10,748       

the acquisition or construction of park-and-ride facilities; the   10,750       

acquisition or construction of public transportation vehicle       10,752       

loops; the construction or repair of bridges used by public        10,754       

transportation vehicles or which are the responsibility of a       10,755       

                                                          254    

                                                                 
regional transit authority or other public transportation system;  10,756       

or other similar construction which is designated as an eligible   10,758       

public transportation highway purpose.  These motor vehicle fuel   10,760       

tax revenues may not be used for operating assistance or for the   10,761       

purchase of vehicles, equipment, or maintenance facilities.        10,762       

      Section 7.08.  Management Review of the Rest Area Program    10,764       

      The Department of Transportation shall evaluate the rest     10,766       

area program to reduce costs and maximize the effectiveness of     10,767       

the program.  Any identified operational savings shall be          10,768       

directed to the investments in the Department's construction       10,769       

program.                                                                        

      The study shall address the location, the type of rest area  10,771       

structure, safety, and the use of the existing rest areas.  The    10,772       

study shall explore creative solutions to problems that currently  10,773       

exist in the program.  Specific emphasis should also be placed on  10,774       

overflow and inefficient parking situations created by the trucks  10,775       

which park in the rest areas.  A four-year action plan shall be                 

completed and submitted to the Governor, the Speaker of the House  10,776       

of Representatives, and the President of the Senate by September   10,777       

30, 1997.                                                                       

      The four-year plan shall be developed and implemented to     10,779       

deal with the problems identified.  In the plan the Department     10,780       

shall review both the capital and operating costs of the existing  10,781       

system and shall consider whether investments made are meeting     10,782       

the needs of the motoring public.  Where indicated the Department  10,783       

shall recommend closure and/or consolidate rest areas to achieve   10,784       

maximum efficiency of the system.                                               

      Section 7.09.  Columbiana County Port Authority              10,786       

      The earmark for the Columbiana County Port Authority in Am.  10,788       

Sub. S.B. 310 of the 121st General Assembly shall be used for the  10,789       

Wellsville Intermodel Facility.                                    10,790       

      Section 8.  DHS  DEPARTMENT OF PUBLIC SAFETY                 10,792       

            Highway Safety Information and Education               10,793       

State Highway Safety Fund Group                                    10,795       

                                                          255    

                                                                 
036 761-321 Operating Expense -                                    10,798       

            Information and                                                     

            Education             $    3,104,533 $    3,105,715    10,800       

036 761-402 Traffic Safety Match  $      277,137 $      277,137    10,804       

831 761-610 Information and                                        10,806       

            Education - Federal   $      473,835 $      486,625    10,808       

83N 761-611 Elementary School                                      10,810       

            Seat Belt Program     $      343,255 $      352,790    10,812       

832 761-612 Traffic                                                10,814       

            Safety-Federal        $   11,600,000 $   11,600,000    10,816       

844 761-613 Seat Belt Education                                    10,818       

            Program               $      205,000 $      204,050    10,820       

846 761-625 Motorcycle Safety                                      10,822       

            Education             $    1,344,020 $    1,383,438    10,824       

847 761-622 Film Production                                        10,826       

            Reimbursement         $       40,766 $       41,906    10,828       

TOTAL HSF State Highway Safety                                     10,829       

   Fund Group                     $   17,388,546 $   17,451,661    10,832       

TOTAL ALL BUDGET FUND GROUPS -                                     10,833       

   Highway Safety Information                                      10,834       

   and Education                  $   17,388,546 $   17,451,661    10,837       

      Traffic Safety Grant Program                                 10,840       

      Of the foregoing appropriation item 761-321, Operating       10,842       

Expense - Information and Education, up to $100,000 in fiscal      10,843       

year 1998 and up to $100,000 in fiscal year 1999 shall be used by  10,845       

the Department of Public Safety to fund the department's Traffic   10,846       

Safety Grant Program.  The department shall develop necessary      10,847       

criteria to administer the program.  The award of grants           10,848       

resulting from this program shall be made as subsidy payments to   10,849       

participants selected by the Department of Public Safety.          10,851       

      Federal Highway Safety Program Match                         10,853       

      The foregoing appropriation item 761-402, Traffic Safety     10,855       

Match, shall be used to provide the nonfederal portion of the      10,856       

federal Highway Safety Program.  Upon request by the Director of   10,857       

                                                          256    

                                                                 
Public Safety and approval by the Director of Budget and           10,858       

Management, appropriation item 761-402 shall be used to transfer   10,859       

funds from the Highway Safety Fund to the Traffic Safety -         10,860       

Federal Fund (Fund 832), at the beginning of each fiscal year on   10,862       

an intrastate transfer voucher.                                    10,863       

      Film Production Reimbursement                                10,865       

      The foregoing appropriation item 761-622, Film Production    10,867       

Reimbursement, shall be used by the Division of Administration of  10,868       

the Department of Public Safety for the purpose of providing a     10,870       

method of collection from other state agencies for services and    10,872       

supplies provided for production of public service announcements   10,873       

and training materials.  These funds shall be expended only for    10,875       

supplies and the maintenance of equipment necessary to perform     10,877       

such services.                                                                  

      Section 8.01.  Bureau of Motor Vehicles                      10,878       

State Special Revenue Fund Group                                   10,880       

4U0 762-638 Collegiate License                                     10,883       

            Plate Program         $      231,094 $      237,565    10,885       

4U2 762-641 Pro Football Hall of                                   10,887       

            Fame License Plate                                                  

            Program               $      240,552 $      247,287    10,889       

539 762-614 Motor Vehicle Dealers                                  10,891       

            Board                 $      210,752 $      216,615    10,893       

TOTAL SSR State Special Revenue                                    10,894       

   Fund Group                     $      682,398 $      701,467    10,897       

                                                                                

State Highway Safety Fund Group                                    10,901       

4W4 762-321 Operating Expense-BMV $   54,521,811 $   55,369,485    10,906       

4W4 762-410 License Supplement    $   22,637,024 $   23,261,528    10,910       

83E 762-632 Central Registration                                   10,912       

            Fund                  $    8,578,095 $    8,815,058    10,914       

83L 762-636 Facility Rentals      $      591,100 $      607,651    10,918       

83R 762-639 Law Enforcement                                        10,920       

            Reimbursement         $    1,200,000 $    1,233,600    10,922       

                                                          257    

                                                                 
835 762-616 Financial                                              10,924       

            Responsibility                                                      

            Compliance            $    5,117,883 $    5,249,359    10,926       

849 762-627 Automated Title                                        10,928       

            Processing Board      $    8,802,254 $   11,273,129    10,930       

TOTAL HSF State Highway Safety                                     10,931       

   Fund Group                     $  101,448,167 $  105,809,810    10,934       

TOTAL ALL BUDGET FUND GROUPS -                                     10,935       

   Bureau of Motor Vehicles       $  102,130,565 $  106,511,277    10,938       

      Motor Vehicle Registrations                                  10,941       

      The Registrar of the Bureau of Motor Vehicles may deposit    10,943       

revenues equal to any estimated deficiency in the State Bureau of  10,944       

Motor Vehicles Fund (Fund 4W4) established in section 4501.25 of   10,945       

the Revised Code, obtained pursuant to sections 4503.02 and        10,946       

4504.02 of the Revised Code to support in part appropriations for  10,948       

operating expenses and to defray the cost of manufacturing and     10,949       

distributing license plates and license plate stickers and         10,950       

enforcing the law relative to the operation and registration of    10,951       

motor vehicles.   Notwithstanding the provisions of section        10,952       

4501.03 of the Revised Code, the above amount shall be paid into   10,953       

the State Bureau of Motor Vehicles Fund before any revenues        10,954       

obtained pursuant to sections 4503.02 and 4504.02 of the Revised   10,955       

Code are paid into any other fund.  The deposit of revenues to     10,957       

meet the aforementioned deficiency shall be in approximate equal   10,958       

amounts on a monthly basis or as otherwise determined by the       10,959       

Director of Budget and Management pursuant to a plan submitted by  10,960       

the Registrar of the Bureau of Motor Vehicles.                                  

      Special Plates Funds                                         10,962       

      As of December 1, 1997, all revenue and uses previously      10,963       

ascribed to the Lake Erie License Plate Fund (Fund 4U1), line      10,964       

item 762-640, including all assets and obligations, and the        10,965       

Scenic Rivers License Plate Fund (Fund 4U3), line item 762-642,    10,966       

including all assets and obligations, shall be assumed by the                   

State Bureau of Motor Vehicles Fund (Fund 4W4), line item          10,967       

                                                          258    

                                                                 
762-410, License Supplement.                                       10,968       

      Before December 1, 1997, the Registrar of Motor Vehicles     10,969       

shall certify to the Director of Budget and Management the         10,970       

revenues and uses, including assets and obligations, of the        10,971       

Collegiate License Plate Fund (Fund 4U0), line item 762-638, that  10,972       

are related to the ten-dollar OBMV fee referred to in section      10,973       

4503.51 of the Revised Code.  Such revenue and uses shall be                    

assumed by Fund 4W4, line item 762-410, License Supplement.        10,974       

      Before December 1, 1997, the Registrar shall certify to the  10,976       

Director of Budget and Management the revenues and uses,           10,977       

including assets and obligations, of the Pro Football Hall of      10,978       

Fame License Plate Fund (Fund 4U2), line item 762-641, that are    10,979       

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    10,980       

Fund 4W4, line item 762-410, License Supplement.                   10,981       

      Credit Card Program                                          10,983       

      Notwithstanding any provisions of law to the contrary, the   10,985       

Department of Public Safety may request Controlling Board          10,986       

approval to increase the appropriation authority for Fund 4W4      10,988       

line item 762-321, Operating Expense-Bureau of Motor Vehicles,     10,990       

should the Credit Card Payment Program as prescribed in Sub. S.B.  10,992       

338 of the 118th General Assembly be reinstated.                   10,994       

      Capital Projects                                             10,996       

      The Registrar of Motor Vehicles may transfer revenue from    11,000       

the State Bureau of Motor Vehicles Fund (Fund 4W4) to the State    11,001       

Highway Safety Fund (Fund 036) to meet its obligations for         11,002       

capital projects CIR-047, Department of Public Safety Office       11,003       

Building, and CIR-049, Warehouse Facility.                         11,004       

      Section 8.02.  Enforcement                                   11,005       

State Highway Safety Fund Group                                    11,006       

036 764-033 Minor Capital                                          11,009       

            Projects              $    1,580,366 $    1,626,653    11,011       

036 764-321 Operating Expense -                                    11,013       

            Highway Patrol        $  146,441,857 $  151,325,653    11,015       

                                                          259    

                                                                 
83C 764-630 Contraband,                                            11,017       

            Forfeiture, Other     $      538,872 $      552,987    11,019       

83F 764-657 Law Enforcement Auto.                                  11,021       

            Data System           $    4,504,514 $    4,628,413    11,023       

83G 764-633 OMVI Fines            $      682,500 $      682,500    11,027       

831 764-610 Patrol/Federal        $    1,842,299 $    1,889,326    11,031       

831 764-659 Transportation                                         11,033       

            Enforcement - Federal $    2,233,985 $    2,290,057    11,035       

837 764-602 Turnpike Policing     $    7,456,845 $    7,647,183    11,039       

838 764-606 Patrol Reimbursement  $      275,000 $      275,000    11,043       

840 764-607 State Fair Security   $    1,195,932 $    1,220,451    11,047       

840 764-617 Security and                                           11,049       

            Investigations        $    3,536,100 $    3,616,597    11,051       

840 764-626 State Fairgrounds                                      11,053       

            Police Force          $      655,271 $      671,946    11,055       

841 764-603 Salvage and Exchange                                   11,057       

            - Highway Patrol      $    1,126,644 $    1,155,410    11,059       

TOTAL HSF State Highway Safety                                     11,060       

   Fund Group                     $  172,070,205 $  177,582,176    11,063       

General Services Fund Group                                        11,066       

452 764-660 MARCS Maintenance     $      193,577 $      383,369    11,071       

TOTAL GSF General Services                                         11,072       

   Fund Group                     $      193,577 $      383,369    11,075       

TOTAL ALL BUDGET FUND GROUPS -                                     11,076       

   Enforcement                    $  172,263,782 $  177,965,545    11,079       

      Collective Bargaining Increases                              11,082       

      Notwithstanding division (D) of section 127.14 and division  11,084       

(B) of section 132.35 of the Revised Code, except for the General  11,085       

Revenue Fund, the Controlling Board may, upon the request of       11,087       

either the Director of Budget and Management, or the Department    11,088       

of Public Safety with the approval of the Director of Budget and   11,090       

Management, increase appropriations for any fund, as necessary     11,092       

for the Department of Public Safety, to assist in paying the       11,093       

costs of increases in employee compensation that have occurred     11,095       

                                                          260    

                                                                 
that are provided pursuant to Collective Bargaining agreements     11,096       

under Chapter 4117. of the Revised Code and, for exempt            11,097       

employees, under section 124.152 of the Revised Code.              11,098       

      Section 8.03.  Emergency Medical Services                    11,100       

State Highway Safety Fund Group                                    11,102       

83M 765-624 Emergency Medical                                      11,105       

            Services              $    1,300,465 $    1,334,226    11,107       

83P 765-637 EMS Grants            $    3,000,000 $    3,000,000    11,111       

831 765-610 EMS/Federal           $      250,000 $      250,000    11,115       

TOTAL HSF State Highway Safety                                     11,116       

   Fund Group                     $    4,550,465 $    4,584,226    11,119       

TOTAL ALL BUDGET FUND GROUPS -                                     11,120       

   Emergency Medical Services     $    4,550,465 $    4,584,226    11,123       

      Section 8.04.  Special Enforcement                           11,126       

State Highway Safety Fund Group                                    11,128       

831 767-610 Liquor Enforcement -                                   11,132       

            Federal               $       50,000 $       50,000    11,134       

831 769-610 Food Stamp                                             11,136       

            Trafficking                                                         

            Enforcement - Federal $      702,871 $      721,222    11,138       

TOTAL HSF State Highway Safety                                     11,139       

   Fund Group                     $      752,871 $      771,222    11,142       

Liquor Control Fund Group                                          11,145       

043 767-321 Liquor Enforcement -                                   11,148       

            Operations            $    7,582,426 $    7,775,467    11,150       

TOTAL LCF Liquor Control Fund                                      11,151       

   Group                          $    7,582,426 $    7,775,467    11,154       

State Special Revenue Fund Group                                   11,157       

4M3 769-656 Food Stamp                                             11,160       

            Contraband,                                                         

            Forfeiture, and Other $       50,000 $       50,000    11,162       

863 767-643 Liquor Enforcement                                     11,164       

            Contraband,                                                         

            Forfeiture, and Other $      308,393 $      317,018    11,166       

                                                          261    

                                                                 
TOTAL SSR State Special Revenue                                    11,167       

   Fund Group                     $      358,393 $      367,018    11,170       

TOTAL ALL BUDGET FUND GROUPS -                                     11,171       

   Special Enforcement            $    8,693,690 $    8,913,707    11,174       

      Section 8.05.  Emergency Management                          11,177       

Federal Special Revenue Fund Group                                 11,179       

3N5 763-644 U.S. DOE Agreement    $      250,843 $      255,545    11,185       

329 763-645 IFG Federal                                            11,187       

            Match/NOAA            $      750,000 $      750,000    11,189       

337 763-609 Federal Disaster                                       11,191       

            Relief                $      750,000 $      750,000    11,193       

338 763-646 Direction, Control                                     11,195       

            and Warning           $      175,000 $      175,000    11,197       

339 763-647 Emergency Management                                   11,199       

            Assistance and                                                      

            Training              $    3,743,176 $    3,754,639    11,201       

347 763-650 Emergency Operating                                    11,203       

            Centers               $      750,000 $      750,000    11,205       

TOTAL FED Federal Special                                          11,206       

   Revenue Fund Group             $    6,419,019 $    6,435,184    11,209       

General Services Fund Group                                        11,212       

4V3 763-662 Storms/NOAA                                            11,215       

            Maintenance           $       57,000 $       57,000    11,217       

4W6 763-663 MARCS Operations      $      222,000 $    1,090,000    11,221       

533 763-601 State Disaster Relief $      336,452 $      345,673    11,225       

TOTAL GSF General Services                                         11,226       

   Fund Group                     $      615,452 $    1,492,673    11,229       

State Special Revenue Fund Group                                   11,232       

4Y0 763-654 EMA Utility Payment   $      140,000 $      140,000    11,238       

4Y1 763-655 Salvage &                                              11,240       

            Exchange-EMA          $       25,700 $       26,420    11,242       

538 763-651 Radiological                                           11,244       

            Emergency Response    $      518,496 $      532,074    11,246       

657 763-652 Utility Radiological                                   11,248       

                                                          262    

                                                                 
            Safety                $      541,156 $      555,236    11,250       

681 763-653 SARA Title III HAZMAT                                  11,252       

            Planning              $      227,446 $      227,446    11,254       

TOTAL SSR State Special Revenue                                    11,255       

   Fund Group                     $    1,452,798 $    1,481,176    11,257       

TOTAL ALL BUDGET FUND GROUPS -                                     11,258       

Emergency Management              $    8,487,269 $    9,409,033    11,261       

      Federal Grant                                                11,264       

      As determined by the Director of Budget and Management, any  11,266       

portion of the Emergency Management State and Local Assistance     11,267       

federal grant which would otherwise reimburse the General Revenue  11,268       

Fund for expenses incurred by the Emergency Management Agency in   11,269       

fiscal year 1997, may be deposited in Emergency Management's       11,270       

Personnel Administration Subdivisions Fund (Fund 339) so that the               

fund may avoid cash flow problems in the 1997-1999 biennium.       11,271       

      MARCS Fund Transfer                                          11,273       

      In the event that the Emergency Management Agency is not     11,275       

designated by the Director of the Department of Administrative     11,276       

Services as the agency to operate the Multi Agency Radio           11,277       

Communications System (MARCS), the Director of Budget and          11,278       

Management with the concurrence of the Director of Public Safety                

and the approval of the Controlling Board, shall transfer the      11,279       

MARCS System Operations Fund (Fund 4W6) and line item 763-663,     11,280       

MARCS Operations, from the Emergency Management Agency to the      11,281       

state agency that is designated by the Director of Administrative  11,282       

Services as the caretaker of the operation of the Multi Agency                  

Radio Communication System.                                        11,283       

      SARA Title III HAZMAT Planning                               11,285       

      The SARA Title III HAZMAT Planning Fund (Fund 681) shall     11,287       

receive grant funds from the Emergency Response Commission to      11,288       

implement the Emergency Management Agency's responsibilities       11,289       

under Sub. S.B. 367 of the 117th General Assembly.                              

      Federal Reimbursement Agreements                             11,291       

      Notwithstanding any other provision of law to the contrary,  11,293       

                                                          263    

                                                                 
in the event that changes in federal reimbursement agreements      11,294       

require additional resources to be expended by the state prior to  11,295       

the receipt of federal reimbursement, the Director of Budget and   11,296       

Management may, upon request of the Director of Public Safety,     11,297       

transfer appropriation authority between General Revenue Fund                   

line items and may use general services and state special revenue  11,298       

funds for this purpose in fiscal year 1998.                        11,299       

      Section 8.06.  Administration                                11,301       

State Highway Safety Fund Group                                    11,303       

036 766-321 Operating Expense -                                    11,306       

            Administration        $    3,320,029 $    3,317,217    11,308       

830 761-603 Salvage and Exchange                                   11,310       

            - Administration      $       19,563 $       20,111    11,312       

TOTAL HSF State Highway Safety                                     11,313       

   Fund Group                     $    3,339,592 $    3,337,328    11,316       

General Services Fund Group                                        11,319       

4S3 766-661 Hilltop Utility                                        11,322       

            Reimbursement         $    1,000,000 $    1,500,000    11,324       

5C7 762-664 Data Services         $    4,933,326 $    4,787,971    11,327       

5C8 764-665 Hilltop Security      $      868,051 $      902,304    11,331       

TOTAL GSF General Services                                         11,332       

   Fund Group                     $    6,801,377 $    7,190,275    11,335       

TOTAL ALL BUDGET FUND GROUPS -                                     11,336       

   Administration                 $   10,140,969 $   10,527,603    11,339       

      Section 8.07.  Debt Service                                  11,342       

State Highway Safety Fund Group                                    11,344       

036 761-401 Lease Rental Payments $    9,115,000 $   13,339,000    11,349       

TOTAL HSF State Highway Safety                                     11,350       

   Fund Group                     $    9,115,000 $   13,339,000    11,353       

TOTAL ALL BUDGET FUND GROUPS -                                     11,354       

   Debt Service                   $    9,115,000 $   13,339,000    11,357       

      OBA Bond Authority/Lease Rental Payments                     11,360       

      The foregoing appropriation item 761-401, Lease Rental       11,362       

Payments, shall be used for payments to the Ohio Building          11,363       

                                                          264    

                                                                 
Authority for the period July 1, 1997, to June 30, 1999, pursuant  11,364       

to the primary leases and agreements for those buildings made      11,365       

under Chapter 152. of the Revised Code which are pledged for bond  11,366       

service charges on related obligations issued pursuant to Chapter  11,367       

152. of the Revised Code.  Notwithstanding section 152.24 of the   11,368       

Revised Code, the Ohio Building Authority may, with approval of    11,369       

the Office of Budget and Management, lease capital facilities to   11,370       

the Department of Public Safety.                                   11,371       

      Hilltop Transfer                                             11,373       

      The Director of Public Safety shall determine, per an        11,375       

agreement with the Director of Transportation, the share of each   11,376       

debt service payment made out of line item 761-401, Lease Rental   11,377       

Payments, which relates to the Department of Transportation's      11,378       

portion of the Hilltop Building Project, and shall certify to the  11,379       

Director of Budget and Management the amounts of this share.  The               

Director of Budget and Management shall transfer such shares from  11,380       

the Highway Operating Fund (Fund 002) to the Highway Safety Fund   11,381       

(Fund 036).                                                                     

      Section 8.08.  Revenue Distribution                          11,383       

Holding Account Redistribution Fund Group                          11,385       

R24 762-619 Unidentified Motor                                     11,388       

            Vehicle Receipts      $    1,600,000 $    1,600,000    11,390       

R27 764-608 Patrol Fee Refunds    $       35,000 $       35,000    11,394       

TOTAL 090 Holding Account                                          11,395       

   Redistribution Fund Group      $    1,635,000 $    1,635,000    11,398       

TOTAL ALL BUDGET FUND GROUPS -                                     11,399       

   Revenue Distribution           $    1,635,000 $    1,635,000    11,402       

                TOTAL Department of Public Safety                  11,404       

TOTAL HSF State Highway Safety                                     11,406       

   Fund Group                     $  308,664,846 $  322,875,423    11,409       

TOTAL SSR State Special Revenue                                    11,410       

   Fund Group                     $    2,493,589 $    2,549,661    11,413       

TOTAL LCF Liquor Control                                           11,414       

   Fund Group                     $    7,582,426 $    7,775,467    11,417       

                                                          265    

                                                                 
TOTAL GSF General Services                                         11,418       

   Fund Group                     $    7,610,406 $    9,066,317    11,421       

TOTAL FED Federal Revenue Special                                  11,422       

   Fund Group                     $    6,419,019 $    6,435,184    11,425       

TOTAL 090 Holding Account                                          11,426       

   Redistribution                                                               

   Fund Group                     $    1,635,000 $    1,635,000    11,429       

TOTAL ALL BUDGET FUND GROUPS      $  334,405,286 $  350,337,052    11,432       

      Section 8.09.  Transfer of Funds                             11,434       

      The Director of Budget and Management, pursuant to a plan    11,436       

submitted by the Department of Public Safety or as otherwise       11,437       

determined by the Director, shall set a monthly transfer schedule  11,438       

to meet any estimated deficiency in the State Highway Safety Fund  11,439       

(Fund 036) established in section 4501.06 of the Revised Code.     11,440       

      The Director shall transfer to the Highway Safety Fund from  11,442       

the Highway Operating Fund (Fund 002) established in section       11,443       

5735.291 of the Revised Code such amounts at such times as         11,444       

determined by the transfer schedule.                               11,445       

      Relocation to New Building                                   11,447       

      Notwithstanding sections 127.14 and 131.35 of the Revised    11,449       

Code, the Department of Public Safety may request Controlling      11,450       

Board approval to increase the appropriation for line items        11,452       

761-321, Operating Expense - Information and Education; 761-612,   11,453       

Traffic Safety - Federal; 761-625, Motorcycle Safety Education;    11,455       

762-616, Financial Responsibility; 762-627, Automated Title        11,456       

Processing Board; 762-632, Central Registration; 762-321,                       

Operating Expense - BMV; 762-410, License Supplement; 764-321,     11,458       

Operating Expense - Highway Patrol; 765-624, Emergency Medical     11,459       

Services; and, 766-321, Operating Expense - Administration,        11,460       

during the biennium by the amount of anticipated expenses to be    11,461       

incurred due to the relocation to a new physical facility which    11,463       

were not included in the department's original budget submission.  11,464       

      Data Services Fund                                           11,466       

      Within five days of the effective date of this act, the      11,468       

                                                          266    

                                                                 
Director of Budget and Management shall transfer not more than     11,469       

$669,877 from the Highway Safety Fund (Fund 036) and $519,086      11,470       

from the Bureau of Motor Vehicles Fund (Fund 4W4) to the Data      11,471       

Services Fund (Fund 5C7) to be used as seed money.                              

      Cash Balance Fund Review                                     11,473       

      Not later than April 1 in each fiscal year of the biennium,  11,475       

the Director of Budget and Management shall review the cash        11,477       

balances for each fund, except the State Highway Safety Fund       11,479       

(Fund 036), in the State Highway Safety Fund Group and with the    11,480       

advice of the Legislative Budget Officer shall recommend to the    11,481       

Controlling Board an amount to be transferred to the credit of     11,483       

the State Highway Safety Fund, or the Bureau of Motor Vehicles     11,484       

Fund, as appropriate.                                                           

      Section 8.10.  Ohio Criminal Justice Network                 11,486       

      At any time on or after the later of July 1, 1997, or the    11,488       

first day of the first pay period commencing after the effective   11,489       

date of this section, the Ohio Criminal Justice Network is         11,490       

transferred from the Department of Administrative Services to the  11,491       

Department of Public Safety.  The Department of Public Safety      11,492       

thereupon and thereafter assumes these functions.                  11,493       

      Any business commenced but not completed by the Department   11,495       

of Administrative Services that relates to the operation of the    11,496       

Ohio Criminal Justice Network on the effective date of this        11,497       

section shall be completed by the Department of Public Safety.     11,498       

No validation, cure, right, privilege, remedy, obligation, or      11,500       

liability is lost or impaired by reason of the transfer required   11,501       

by this section and shall be administered by the Department of     11,502       

Public Safety.                                                                  

      Subject to the layoff provisions of sections 124.321 to      11,504       

124.328 of the Revised Code, all of the employees of the Ohio      11,505       

Criminal Justice Network, as defined in the Memorandum of          11,506       

Understanding, are transferred to the Department of Public         11,507       

Safety.                                                                         

      Wherever any contract or other documents related to the      11,509       

                                                          267    

                                                                 
Ohio Criminal Justice Network refers to the Department of          11,510       

Administrative Services, the references shall be deemed to refer   11,511       

to the Department of Public Safety.                                11,512       

      No action or proceeding pending on the effective date of     11,514       

this section and relating to the Ohio Criminal Justice Network is  11,515       

affected by the transfer, and such action or proceeding shall be   11,516       

prosecuted or defended in the name of the Department of Public     11,517       

Safety.  In all such actions and proceedings the Department of     11,518       

Public Safety shall be substituted for the Department of           11,519       

Administrative Services upon application by another party to the   11,520       

court or other appropriate tribunal.                               11,521       

      The Department of Administrative Services and the            11,523       

Department of Public Safety shall enter into a Memorandum of       11,524       

Understanding to implement the transfer of the Ohio Criminal       11,525       

Justice Network from the Department of Administrative Services to  11,526       

the Department of Public Safety.  This agreement shall provide     11,527       

for the transfer of property and records, the cancellation and     11,528       

issuance of encumbrances, a final cash reconciliation, including   11,529       

payment of certain prepaid equipment costs incurred by the         11,530       

Department of Administrative Services relative to this system,     11,531       

and any other provision necessary for the transfer and continued   11,532       

administration of the Ohio Criminal Justice Network.               11,533       

      After final reconciliation of revenues and expenses and in   11,535       

accordance with the Memorandum of Understanding, the Department    11,536       

of Administrative Services and the Department of Public Safety     11,537       

shall determine the amount of the fund cash balance to be          11,538       

transferred from the Department of Administrative Services to the  11,540       

Department of Public Safety or from the Department of Public                    

Safety to the Department of Administrative Services.               11,541       

      Transfers of Balances to Ohio Criminal Justice Network       11,543       

      Notwithstanding any provision of law to the contrary, the    11,545       

Director of Budget and Management is authorized to take the        11,546       

actions as described in this section.  This section applies to     11,547       

budget changes made necessary by administrative reorganization,    11,549       

                                                          268    

                                                                 
program transfers, the creation of new funds, and the                           

consolidation of funds as authorized by this act.  The Director    11,551       

of Budget and Management may make any transfers of cash balances                

between funds.  At the request of the Office of Budget and         11,552       

Management, the  administering agency head shall certify to the    11,553       

Director the amount of the cash balance to be transferred to the   11,554       

receiving fund.  The Director may transfer the estimated amount    11,556       

when needed to make payments.  No more than thirty days after      11,558       

certifying the estimated amount the administering agency head      11,560       

shall certify the final amount to the Director.  The Director      11,561       

shall transfer the difference between any estimated amount         11,562       

previously transferred and such certified final amount.            11,564       

      The Director of Budget and Management may cancel             11,566       

encumbrances and reestablish such encumbrances or parts of         11,567       

encumbrances as needed in fiscal year 1998 in the appropriate      11,568       

fund and appropriation line item for the same purpose and to the   11,570       

same vendor.  As determined by the Director, the appropriation                  

authority necessary to reestablish such encumbrances in fiscal     11,571       

year 1998 in a different fund or appropriation line item within    11,572       

an agency or between agencies is hereby authorized and             11,573       

appropriated.  The Director shall reduce each year's                            

appropriation balances by the amount of the encumbrances canceled  11,574       

in their respective funds and appropriation line items.            11,575       

      Any fiscal year 1998 unencumbered or unalloted               11,577       

appropriation balances may be transferred to the appropriate line  11,578       

item to be used for the same purposes, as determined by the        11,579       

Director of Budget and Management.                                 11,580       

      Section 9.  DEV  DEPARTMENT OF DEVELOPMENT                   11,581       

State Special Revenue Fund Group                                   11,583       

4W0 195-629 Roadwork Development  $   14,270,000 $   13,000,000    11,588       

TOTAL SSR State Special Revenue                                    11,589       

   Fund Group                     $   14,270,000 $   13,000,000    11,592       

TOTAL ALL BUDGET FUND GROUPS      $   14,270,000 $   13,000,000    11,595       

      Roadwork Development Fund                                    11,597       

                                                          269    

                                                                 
      The Roadwork Development Fund shall be used for road         11,599       

improvements associated with economic development opportunities    11,600       

that will retain or attract businesses for Ohio.  "Road            11,601       

improvements" are improvements to public roadway facilities                     

located on, or serving or capable of serving, a project site.      11,602       

      The Department of Transportation, under the direction of     11,604       

the Department of Development, shall provide these funds in        11,605       

accordance with all guidelines and requirements established for    11,606       

Department of Development item 195-412, Business Development,      11,607       

including Controlling Board review and approval as well as the                  

requirements for usage of gas tax revenue prescribed in Section    11,608       

5a of Article XII, Ohio Constitution.  Should the Department of    11,610       

Development require the assistance of the Department of            11,611       

Transportation to bring a project to completion, the Department    11,612       

of Transportation shall use the authority under Title LV of the    11,613       

Revised Code to provide such assistance and enter into contracts   11,614       

on behalf of the Department of Development.  In addition, these                 

funds may be used in conjunction with item 195-412, Business       11,616       

Development, or any other state funds appropriated for             11,617       

infrastructure improvements.                                                    

      The Director of Budget and Management, pursuant to a plan    11,619       

submitted by the Department of Development or as otherwise         11,620       

determined by the Director, shall set a transfer schedule to meet  11,622       

any estimated deficiency in the Department of Development's        11,623       

Roadwork Development Fund (Fund 4W0).  The Director shall          11,624       

transfer to the Roadwork Development Fund from the Highway         11,625       

Operating Fund (Fund 002), established in section 5735.291 of the  11,626       

Revised Code, such amounts at such times as determined by the      11,627       

transfer schedule.                                                              

      Transportation Improvement District                          11,629       

      Of the foregoing appropriation item 195-629, Roadwork        11,631       

Development, $250,000 each fiscal year of the biennium shall be    11,632       

paid by the Director of Development to each of the transportation  11,633       

improvement districts of Butler, Stark, and Medina counties, and   11,634       

                                                          270    

                                                                 
up to two additional transportation improvement districts as       11,635       

provided for in section 5540.151 of the Revised Code.  The                      

appropriation authority shall be used by each transportation       11,636       

improvement district to support their administrative activities    11,637       

pursuant to section 5540.16 of the Revised Code.  These payments   11,638       

shall not be subject to the restrictions of appropriation item     11,639       

195-629, Roadwork Development.                                     11,640       

      Section 10.  DOH  DEPARTMENT OF HEALTH                       11,642       

State Special Revenue Fund Group                                   11,644       

5C0 440-615 Alcohol Testing and                                    11,647       

            Permit                $      708,409 $      726,664    11,649       

TOTAL SSR State Special Revenue                                    11,650       

   Fund Group                     $      708,409 $      726,664    11,653       

TOTAL ALL BUDGET FUND GROUPS      $      708,409 $      726,664    11,656       

      Cash Draws from Liquor Control Fund to Health                11,658       

      The Director of Budget and Management, pursuant to a plan    11,660       

submitted by the Department of Health or as otherwise determined   11,661       

by the Director, shall set a transfer schedule to meet any         11,663       

estimated deficiency in the Alcohol Testing Program Fund (Fund     11,664       

5C0) established in section 3701.83 of the Revised Code.                        

      The Director shall transfer to the Alcohol Testing Program   11,666       

Fund from the Liquor Control Fund (Fund 043) established in        11,668       

section 4301.12 of the Revised Code such amounts at such times as  11,669       

determined by the transfer schedule.                               11,670       

      Transferred Funds                                            11,672       

      Not later than December 1, 1997, the Department of Health    11,674       

shall certify the cash balance from the Indigent Persons Care      11,675       

Fund (Fund 4W7), established in section 3701.66 of the Revised     11,676       

Code, to the Director of Budget and Management.  The Director      11,677       

shall transfer the certified amount to the Highway Operating Fund               

(Fund 002), established in section 5735.291 of the Revised Code.   11,678       

      Indigent Persons Care Study                                  11,680       

      The Department of Health shall collect data on the number    11,682       

of indigents involved in motor vehicle accidents, and information  11,683       

                                                          271    

                                                                 
pertaining to the cost of these persons' medical care and how      11,684       

this care was paid for.  The collection period shall be from July  11,685       

1, 1997, through June 30, 1999.  Within six months of the                       

completion of the collection period, the Department shall submit   11,686       

a report of its findings to the Governor, the Speaker of the       11,687       

House of Representatives, the President of the Senate, the         11,688       

ranking minority member of the House of Representatives, the       11,689       

ranking minority member of the Senate, the Legislative Budget      11,690       

Office of the Legislative Service Commission, and the Office of                 

Budget and Management.                                             11,691       

      Section 11.  PWC  PUBLIC WORKS COMMISSION                    11,693       

Local Transportation Improvements Fund Group                       11,695       

052 150-402 LTIP - Operating      $      362,295 $      387,817    11,700       

052 150-701 Local Transportation                                   11,702       

            Improvement Program   $   60,000,000 $   60,000,000    11,704       

TOTAL 052 Local Transportation                                     11,705       

   Improvements Fund Group        $   60,362,295 $   60,387,817    11,708       

Local Infrastructure Improvements Fund Group                       11,711       

038 150-321 Operating Expenses    $      846,687 $      912,360    11,716       

TOTAL LIF Local Infrastructure                                     11,717       

   Improvements                                                                 

   Fund Group                     $      846,687 $      912,360    11,720       

TOTAL ALL BUDGET FUND GROUPS      $   61,208,982 $   61,300,177    11,723       

      District Administration Costs                                11,726       

      The Director of the Public Works Commission is authorized    11,728       

to create a District Administration Costs program from interest    11,729       

earnings of the Capital Improvements Fund and Local                11,731       

Transportation Improvement Program Fund proceeds.  This program    11,733       

shall be used to provide for administration costs of the nineteen  11,734       

public works districts for the direct costs of district            11,736       

administration.  Districts choosing to participate in this         11,737       

program shall only expend Capital Improvements Fund moneys for     11,739       

Capital Improvements Fund costs and Local Transportation           11,740       

Improvement Program Fund moneys for Local Transportation           11,741       

                                                          272    

                                                                 
Improvement Program Fund costs.  The account shall not exceed      11,742       

$760,000 per fiscal year.  Each public works district may be                    

eligible for up to $40,000 per fiscal year from its district       11,743       

allocation as provided in sections 164.08 and 164.14 of the        11,744       

Revised Code.                                                      11,745       

      The Director, by rule, shall define allowable and            11,747       

nonallowable costs for the purpose of the District Administration  11,748       

Costs program.  Nonallowable costs shall include indirect costs,   11,749       

elected official salaries and benefits, and project-specific       11,751       

costs.  No district public works committee may participate in the  11,752       

District Administration Costs program without the approval of      11,753       

those costs by the district public works committee pursuant to     11,755       

section 164.04 of the Revised Code.                                11,757       

      Reappropriations and Transfers                               11,759       

      All appropriations to the Local Transportation Improvement   11,761       

Program Fund (Fund 052) made in Am. Sub. H.B. 107 of the 121st     11,762       

General Assembly remaining unencumbered as of June 30, 1997, are   11,763       

reappropriated for use during the period July 1, 1997 through      11,764       

June 30, 1999, for the same purpose.                               11,765       

      Notwithstanding division (B) of section 127.14 of the        11,767       

Revised Code, all appropriations and reappropriations to the       11,768       

Local Transportation Improvement Program Fund (Fund 052) made in   11,769       

this act remaining unencumbered at June 30, 1998, may be           11,771       

transferred to fiscal year 1999 for the same purpose, subject to   11,773       

the availability of revenue as determined by the Director of the   11,774       

Public Works Commission.                                           11,775       

      The Public Works Commission shall report all                 11,777       

reappropriations and transfers described in this section to the    11,778       

Controlling Board by August 1 of each year.                        11,779       

      Section 12.  The Indigent Persons Care program within the    11,781       

Department of Health shall not accept claims from hospitals after  11,782       

April 15, 1997.  Claims received prior to and on April 15, 1997,   11,783       

shall be processed and paid in the order in which they are         11,784       

received until the appropriation made to the Department in fiscal  11,785       

                                                          273    

                                                                 
year 1997 in line item 440-612, Indigent Persons Care, is                       

exhausted.                                                                      

      Section 13.  Within the limits set forth in this act, the    11,787       

Director of Budget and Management shall establish accounts         11,788       

indicating the source and amount of funds for each item of         11,789       

appropriation made in this act, and shall determine the form and   11,790       

manner in which such appropriation accounts shall be maintained.   11,791       

Expenditures from appropriations contained in this act may be      11,792       

accounted as though made in the main operating appropriations act  11,794       

of the 122nd General Assembly.                                                  

      Section 14.  That Section 104 of Am. Sub. H.B. 117 of the    11,796       

121st General Assembly be amended to be read as follows:           11,797       

      "Sec. 104.  CSF  COMMISSIONERS OF THE SINKING FUND           11,799       

General Revenue Fund                                               11,801       

GRF 155-900 Debt Service          $   28,401,000 $   30,616,000    11,806       

TOTAL GRF General Revenue Fund    $   28,401,000 $   30,616,000    11,809       

Debt Service Fund Group                                            11,811       

059 155-900 Development Bond                                       11,814       

            Retirement Fund       $    4,253,400 $            0    11,816       

071 155-900 Highway Obligations                                    11,818       

            Bond Retirement Fund  $  115,000,000 $  115,000,000    11,820       

072 155-900 HIGHWAY CAPITAL                                        11,822       

            IMPROVEMENTS BOND                                      11,823       

            SERVICE               $            0 $    6,498,000    11,825       

076 155-900 Coal Research and                                      11,827       

            Development Bond                                                    

            Retirement Fund       $   12,641,825 $   11,304,075    11,829       

073 155-900 Natural Resources                                      11,831       

            Bond Retirement       $    7,753,000 $    8,506,000    11,833       

TOTAL DSF Debt Service Fund Group $  139,648,225    134,810,075    11,836       

                                                 $  141,308,075    11,837       

TOTAL ALL BUDGET FUND GROUPS      $  168,049,225    165,426,075    11,840       

                                                 $  171,929,075    11,841       

      Additional Appropriations                                    11,843       

                                                          274    

                                                                 
      Appropriation items in this section are for the purpose of   11,845       

paying the principal and interest on bonds or other instruments    11,846       

of indebtedness of this state issued pursuant to the Ohio          11,847       

Constitution and acts of the General Assembly.  If it is           11,848       

determined that additional appropriations are necessary, such      11,849       

amounts are hereby appropriated.                                   11,850       

      HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE                    11,854       

      APPROPRIATION ITEM 155-900, HIGHWAY CAPITAL IMPROVEMENTS     11,857       

BOND SERVICE, IS TO PAY DEBT SERVICE ON HIGHWAY IMPROVEMENTS AND   11,858       

IS THEREFORE A CURRENT EXPENSE OF STATE GOVERNMENT.                11,859       

      TRANSFER TO HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE FUND   11,863       

      UPON THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONERS   11,865       

OF THE SINKING FUND SHALL CERTIFY TO THE DIRECTOR OF BUDGET AND    11,867       

MANAGEMENT AND THE DIRECTOR OF TRANSPORTATION THE AMOUNT OF MONEY  11,868       

REQUIRED DURING FISCAL YEAR 1997 TO MAKE IN FULL ALL REQUIRED      11,869       

PAYMENTS OF BOND SERVICE CHARGES AND FINANCING COSTS FOR ALL       11,870       

BONDS ISSUED PURSUANT TO SECTION 5528.54 OF THE REVISED CODE.                   

UPON RECEIPT OF THIS CERTIFICATION, THE DIRECTOR OF BUDGET AND     11,872       

MANAGEMENT, IN CONSULTATION WITH THE DIRECTOR OF TRANSPORTATION,   11,873       

SHALL TRANSFER CASH IN AN AMOUNT EQUAL TO THAT CERTIFIED FROM THE  11,874       

HIGHWAY OPERATING FUND (FUND 002) CREATED IN SECTION 5735.291 OF   11,875       

THE REVISED CODE TO THE HIGHWAY CAPITAL IMPROVEMENTS BOND SERVICE  11,877       

FUND (FUND 072) CREATED IN SECTION 5528.55 OF THE REVISED CODE."   11,878       

      Section 15.  That existing Section 104 of Am. Sub. H.B. 117  11,880       

of the 121st General Assembly is hereby repealed.                  11,881       

      Section 16.  That Section 201 of Am. Sub. H.B. 117 of the    11,883       

121st General Assembly be amended to read as follows:              11,884       

      "Sec. 201.  Notwithstanding division (B) of section 4981.09  11,886       

of the Revised Code, upon receipt of the certifications required   11,887       

by that division in January and June of 1995, 1996, and 1997, the  11,888       

Director of Budget and Management shall transfer fifty per cent,   11,889       

rather than seventy-five per cent, of the identified amounts from  11,890       

the General Revenue Fund to the Rail Development Fund.  In                      

addition, the Director of Budget and Management shall, upon        11,891       

                                                          275    

                                                                 
receipt of the January MARCH 1998 certification, transfer to the   11,892       

Rail Development Fund seventy-five per cent of the identified      11,893       

amounts paid into the General Revenue Fund during the immediately  11,894       

preceding July through December, plus fifty per cent of the        11,895       

identified amounts paid into the General Revenue Fund for the      11,896       

immediately preceding June."                                                    

      Section 17.  That existing Section 201 of Am. Sub. H.B. 117  11,898       

of the 121st General Assembly is hereby repealed.                  11,899       

      Section 18.  That Section 35 of Am. Sub. H.B. 117 of the     11,901       

121st General Assembly, as amended by Am. Sub. S.B. 162 of the     11,902       

121st General Assembly, be amended to read as follows:             11,903       

      "Sec. 35.  CEB  CONTROLLING BOARD                            11,905       

General Revenue Fund                                               11,907       

GRF 911-401 Emergency Purposes    $    6,000,000 $    6,000,000    11,912       

GRF 911-422 Community Police                                       11,914       

            Officers              $    4,550,000 $    4,550,000    11,916       

GRF 911-423 Army National Guard   $    1,000,000 $            0    11,920       

GRF 911-424 Livestock             $      200,000 $      200,000    11,924       

GRF 911-427 DNA Laboratory        $      600,000 $            0    11,928       

GRF 911-429 Pay Equalization      $    1,500,000 $    1,500,000    11,932       

GRF 911-431 Treatment Services                                     11,934       

            for Prisoners         $            0 $      750,000    11,936       

GRF 911-434 Criminal Record                                        11,938       

            Background Checks     $      425,000 $      425,000    11,940       

TOTAL GRF General Revenue Fund    $   13,650,000 $   12,800,000    11,943       

STATE SPECIAL REVENUE FUND                                         11,945       

GROUP                                                              11,946       

5E2 911-601 DISASTER SERVICES     $            0 $   40,000,000    11,951       

TOTAL SSR STATE SPECIAL REVENUE   $            0 $   40,000,000    11,955       

   FUND                                                                         

TOTAL ALL BUDGET FUND GROUPS      $   13,650,000 $   12,800,000    11,958       

                                                     52,800,000    11,961       

      Federal Share                                                11,964       

      In transferring funds to or from appropriation line items    11,966       

                                                          276    

                                                                 
which have federal shares identified in Am. Sub. H.B. 117 of the   11,968       

121st General Assembly, the Controlling Board shall add or         11,970       

subtract corresponding amounts of federal matching funds at the    11,971       

percentages indicated by the state and federal division of the     11,972       

appropriations in Am. Sub. H.B. 117 of the 121st General           11,973       

Assembly.  Such changes are hereby appropriated.                   11,975       

      Notwithstanding Sections 127.14(D) and 131.35(B)             11,977       

      Notwithstanding division (D) of section 127.14 and division  11,979       

(B) of section 131.35 of the Revised Code, except for the General  11,980       

Revenue Fund, the Controlling Board may, upon the request of       11,981       

either the Director of Budget and Management, or a state agency    11,982       

with the approval of the Director of Budget and Management,        11,983       

increase appropriations for any fund, as necessary for the         11,984       

various state agencies, to assist in paying the costs of           11,985       

increases in employee compensation that occur on or after July 1,  11,986       

1995, that are provided pursuant to collective bargaining          11,987       

agreements under Chapter 4117. of the Revised Code and the costs   11,988       

of salary increases for employees that are exempt from collective  11,989       

bargaining, which are provided under law.                          11,990       

      Prosecution Costs                                            11,992       

      After the trial court reaches a disposition on a filing in   11,994       

Juvenile Court or an indictment for aggravated murder, murder, or  11,995       

any felony of the first or second degree that was committed at a   11,996       

Department of Youth Services or a Department of Rehabilitation     11,997       

and Correction Institution, the county may, in accordance with     11,998       

rules that the Office of Criminal Justice Services shall adopt,    11,999       

apply to the Office of Criminal Justice Services for a grant to                 

cover all documented costs that are incurred by the county         12,000       

prosecutor's office.                                                            

      Twice each fiscal year, the Office of Criminal Justice       12,002       

Services shall designate counties to receive grants from those     12,003       

counties that have submitted one or more applications in           12,004       

compliance with the rules adopted by the office.  In the first     12,005       

round of grants, up to $50,000 may be awarded.  In the second                   

                                                          277    

                                                                 
round of grants, provided there are sufficient applications, the   12,006       

remainder of the $100,000 available to the Office of Criminal      12,008       

Justice Services in each fiscal year shall be awarded.             12,009       

      If for a given round of grants there is insufficient         12,011       

funding to make awards to all of the eligible counties, first      12,012       

priority shall be given to cases involving aggravated murder and   12,013       

murder, second priority shall be given to cases involving first    12,014       

degree felonies and third priority shall be given to cases                      

involving second degree felonies.  Within these priorities the     12,015       

awards shall be made based on the order in which the applications  12,016       

were received, except that applications for cases involving first  12,017       

and second degree felonies shall not be considered in more than    12,018       

two consecutive rounds of grants.                                               

      The Director of the Office of Criminal Justice Services may  12,020       

request up to $100,000 in fiscal year 1996 and up to $100,000 in   12,021       

fiscal year 1997 from the foregoing appropriation item 911-401,    12,022       

Emergency Purposes, to cover local prosecution costs for           12,023       

aggravated murder, murder, first degree felonies and second        12,024       

degree felonies that occur on the grounds of state institutions                 

operated by the Department of Rehabilitation and Correction and    12,025       

the Department of Youth Services on or after July 1, 1995.         12,026       

      Southern Ohio Correctional Facility Costs                    12,028       

      The Attorney General's Office may request up to $500,000 in  12,030       

each fiscal year from the foregoing appropriation line item        12,031       

911-401, Emergency Purposes, to cover legal expenses related to    12,032       

the disturbance that occurred on April 11, 1993, at the Southern   12,033       

Ohio Correctional Facility in Lucasville, Ohio.                                 

      The Public Defender Commission may request up to $120,000    12,035       

in fiscal year 1996 and $40,000 in fiscal year 1997 from the       12,036       

foregoing appropriation line item 911-401, Emergency Purposes, to  12,037       

cover the state's share of indigent defense costs related to the   12,038       

disturbance that occurred on April 11, 1993, at the Southern Ohio  12,039       

Correctional Facility in Lucasville, Ohio.                         12,040       

      Reimbursement of County Boards of Elections                  12,042       

                                                          278    

                                                                 
      Upon the request of the chairman of the Ohio ballot board    12,044       

or the director of budget and management, controlling board shall  12,045       

transfer from the foregoing appropriation line item 911-401,       12,046       

Emergency Purposes, up to a total of $2,000,000 in the biennium    12,047       

to the Ohio ballot board for disbursement to county boards of      12,048       

elections as reimbursement for public notice costs associated      12,049       

with statewide ballot issues.  Controlling board shall create a    12,050       

line item, within the Ohio ballot board, to receive the            12,051       

transferred money.  The director of budget and management shall    12,052       

establish agency codes and line items as necessary.                             

      Community Police Officers                                    12,054       

      The foregoing appropriation item 911-422, Community Police   12,056       

Officers, may be transferred to the Attorney General for the       12,057       

purposes of administering and providing for matching funds that    12,058       

may be required to draw down federal grants that shall be used to  12,059       

help pay the costs of providing additional law enforcement         12,060       

officers to counties, townships, municipal corporations, and       12,061       

state-assisted or state-supported institutions of higher           12,062       

education.                                                         12,063       

      Army National Guard                                          12,065       

      Upon the passage of H.B. 376 of the 121st General Assembly,  12,067       

the Adjutant General may apply for release of funds from the       12,069       

foregoing appropriation line item 911-423, Army National Guard.    12,070       

For each parcel sold that is described in H.B. 376, the Adjutant   12,071       

General may request the transfer to line 745-612, Armory                        

Improvements, an amount equal to the difference between the        12,072       

purchase price received for the parcel and the appraised value of  12,073       

the parcel, as determined by the Director of Administrative        12,074       

Services.                                                                       

      DNA Laboratory                                               12,076       

      The Attorney General's Office may submit a request to the    12,078       

Controlling Board for the release of up to $600,000 over the       12,079       

biennium from the foregoing appropriation item 911-427, DNA        12,080       

Laboratory.  The foregoing appropriation item 911-427, DNA         12,081       

                                                          279    

                                                                 
Laboratory, shall be used to pay start-up costs related to the     12,082       

establishment of a DNA facility.                                                

      The Director of Budget and Management shall transfer the     12,084       

unencumbered balance, if any, of the foregoing appropriation item  12,085       

911-427, DNA Laboratory, at the end of fiscal year 1996 to fiscal  12,087       

year 1997 for use under the same appropriation item.               12,088       

      Attorney Pay Equity                                          12,090       

      Pursuant to section 109.03 of the Revised Code, the          12,092       

Attorney General may appoint Assistant Attorneys General to        12,093       

perform such duties as are assigned by the Attorney General.  The  12,094       

Attorney General, at the Attorney General's discretion, may pay    12,095       

such Assistant Attorneys General salaries pursuant to sections     12,096       

124.15 or 124.152 of the Revised Code.  It is recognized that                   

Assistant Attorneys General are compensated at a lesser amount     12,097       

than attorneys of the various departments, agencies, and offices   12,098       

of the state who are appointed to the attorney classifications     12,099       

and paid pursuant to schedule B of section 124.15 of the Revised   12,100       

Code or schedules E-1 through E-4 of section 124.152 of the        12,101       

Revised Code.  Therefore, the Attorney General may request that                 

the Controlling Board release up to $1.5 million in each fiscal    12,102       

year from the foregoing appropriation item 911-429, Pay            12,103       

Equalization, to fund costs associated with eliminating            12,104       

compensation disparity between assistant Attorneys General and     12,105       

attorneys in the various departments, agencies, and offices of                  

the state who are appointed to attorney classifications and paid   12,106       

pursuant to schedule B of section 124.15 of the Revised Code or    12,107       

schedule E-1 through E-4 of section 124.152 of the Revised Code.   12,108       

Costs associated with pay equity adjustments shall be calculated   12,109       

by the Attorney General and approved by the Director of Budget     12,110       

and Management.                                                                 

      Treatment Services for Prisoners                             12,112       

      Upon completing a plan for the provision of alcohol and      12,114       

drug addiction treatment services in all state correctional        12,115       

institutions, the Department of Alcohol and Drug Addiction         12,116       

                                                          280    

                                                                 
Services shall request the Controlling Board to release the        12,117       

appropriation from the foregoing appropriation item 911-431,                    

Treatment Services for Prisoners.  The Department shall include,   12,118       

as part of its Controlling Board request, a copy of the plan.      12,119       

The Department shall use the released funds for implementation of  12,120       

the plan.                                                                       

      Criminal Record Background Checks                            12,122       

      The foregoing appropriation item 911-434, Criminal Record    12,124       

Background Checks, may be transferred to the Attorney General for  12,125       

the purpose of conducting criminal record background checks.       12,126       

      DISASTER SERVICES                                            12,128       

      IN FISCAL YEAR 1997, THE DIRECTOR OF BUDGET AND MANAGEMENT   12,130       

MAY INCREASE THE APPROPRIATION ITEM, 911-401, EMERGENCY PURPOSES,  12,131       

BY AN AMOUNT NOT TO EXCEED THE AMOUNT TRANSFERRED OUT OF THAT      12,132       

LINE ITEM BEFORE THE EFFECTIVE DATE OF THIS SECTION FOR THE 1997   12,133       

FLOODING DISASTER REFERRED TO AS FEMA-DR-1164-OH.  THE DIRECTOR    12,134       

OF BUDGET AND MANAGEMENT SHALL TRANSFER $40,000,000 MINUS AN       12,135       

AMOUNT EQUAL TO THE INCREASE IN APPROPRIATION ITEM, 911-401,       12,136       

EMERGENCY PURPOSES, FROM THE GENERAL REVENUE FUND INTO THE         12,139       

DISASTER SERVICES FUND OF THE CONTROLLING BOARD, WHICH IS HEREBY   12,140       

CREATED IN THE STATE TREASURY. THE FOREGOING APPROPRIATION ITEM,   12,143       

911-601, DISASTER SERVICES, SHALL BE USED BY THE CONTROLLING       12,146       

BOARD, PURSUANT TO REQUESTS SUBMITTED BY STATE AGENCIES, TO        12,147       

TRANSFER CASH AND APPROPRIATION AUTHORITY FROM THE DISASTER        12,148       

SERVICES FUND TO ANY FUND OF THE STATE FOR THE PAYMENT OF STATE    12,149       

AGENCY PROGRAM EXPENSES RELATED TO THE 1997 FLOODING DISASTER."    12,150       

      Section 19.  That existing Section 35 of Am. Sub. H.B. 117   12,152       

of the 121st General Assembly, as amended by Am. Sub. S.B. 162 of  12,153       

the 121st General Assembly, is hereby repealed.                    12,154       

      Section 20.  Except as otherwise specifically provided in    12,156       

this act, a section of the Revised Code amended or enacted within  12,157       

the purview of Sections 1 and 2 of this act is not subject to the  12,158       

referendum.  Therefore, under Ohio Constitution, Article II,       12,159       

Section 1d and section 1.471 of the Revised Code, the sections of  12,161       

                                                          281    

                                                                 
the Revised Code amended or enacted within the purview of                       

Sections 1 and 2 of this act, except as otherwise specifically     12,162       

provided in this act, go into immediate effect when this act       12,163       

becomes law.                                                                    

      Except as otherwise specifically provided in this act, the   12,165       

repeal of sections of the Revised Code by Section 2 of this act    12,167       

is not subject to the referendum.  Therefore, under Ohio                        

Constitution, Article II, Section 1d and section 1.471 of the      12,168       

Revised Code, the repeal, except as otherwise specifically         12,169       

provided in this act, goes into immediate effect when this act     12,171       

becomes law.                                                                    

      Section 21.  Sections 121.05, 121.08, 308.13, 2925.44,       12,173       

2933.43, 3701.022, 3701.07, 4301.12, 4501.03, 4501.14, 4501.15,    12,175       

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,  12,176       

5501.34, 5501.37, 5502.01, 5502.12, 5513.01, 5513.04, 5513.06,     12,177       

5515.01, 5516.01, 5516.02, 5516.03, 5516.04, 5516.06, 5516.061,    12,178       

5516.07, 5516.08, 5516.10, 5516.11, 5516.12, 5516.13, 5516.99,     12,179       

5525.03, 5525.07, 5529.03, 5513.04, 5735.05, 5735.12, 5735.145,    12,180       

5735.19, 5735.23, and 6101.16 of the Revised Code, as amended      12,181       

within the purview of Sections 1 and 2 of this act, are subject    12,183       

to the referendum.  Therefore, under Ohio Constitution, Article    12,184       

II, Section 1c and section 1.471 of the Revised Code, such         12,185       

sections of the Revised Code as amended within the purview of      12,186       

Sections 1 and 2 of this act take effect on the ninety-first day   12,187       

after this act is filed with the Secretary of State.  If,          12,188       

however, a referendum petition is filed against any such section   12,189       

of the Revised Code as amended within the purview of Sections 1    12,190       

and 2 of this act, the section as amended, unless rejected at the  12,191       

referendum, takes effect at the earliest time permitted by law.    12,192       

      Section 22.  New section 5516.09 and sections 503.061,       12,194       

5512.01, 5512.02, 5512.03, 5512.04, 5512.05, 5512.06, 5512.07,     12,195       

5512.08, 5512.09, and 5516.14 of the Revised Code, as enacted by   12,196       

Section 1 of this act, are subject to the referendum.  Therefore,  12,197       

                                                          282    

                                                                 
under Ohio Constitution, Article II, Section 1c and section 1.471  12,198       

of the Revised Code, such sections as enacted by Section 1 of      12,199       

this act take effect on the ninety-first day after this act is     12,200       

filed with the Secretary of State.  If, however, a referendum      12,201       

petition is filed against any such section as enacted by Section   12,202       

1 of this act, that section as enacted, unless rejected at the     12,203       

referendum, takes effect at the earliest time permitted by law.    12,204       

      Section 23.  The repeals of sections 3701.61, 3701.611,      12,206       

3701.62, 3701.63, 3701.64, 3701.65, 3701.66, 3701.67, 3701.68,     12,207       

3701.69, 5516.05, 5516.09, and 5735.146 of the Revised Code by     12,208       

Section 2 of this act are subject to the referendum.  Therefore,   12,209       

under Ohio Constitution, Article II, Section 1c and section 1.471  12,210       

of the Revised Code, such repeals take effect on the ninety-first  12,211       

day after this act is filed with the Secretary of State.  If,      12,212       

however, a referendum petition is filed against any such repeal,   12,213       

that repeal, unless rejected at the referendum, takes effect at    12,214       

the earliest time permitted by law.                                12,215       

      Section 24.  The items in the uncodified sections of law     12,217       

contained in this act that appropriate money for the current       12,218       

expenses of state government, earmark this class of                12,219       

appropriations, or depend for their implementation upon an         12,220       

appropriation for the current expenses of state government are     12,221       

not subject to the referendum.  Therefore, under Ohio              12,222       

Constitution, Article II, Section 1d and section 1.471 of the      12,223       

Revised Code, these items go into immediate effect when this act   12,224       

becomes law.                                                       12,225       

      The items in the uncodified sections of law contained in     12,227       

this act that appropriate money other than for the current         12,228       

expenses of state government, earmark this class of                12,229       

appropriations, or do not depend for their implementation upon an  12,230       

appropriation for the current expenses of state government are     12,231       

subject to the referendum.  Therefore, under Ohio Constitution,    12,232       

Article II, Section 1c and section 1.471 of the Revised Code,      12,233       

these items take effect on the ninety-first day after this act is  12,234       

                                                          283    

                                                                 
filed with the Secretary of State.  If, however, a referendum      12,235       

petition is filed against such an item, the item, unless rejected  12,236       

at the referendum, takes effect at the earliest time permitted by  12,237       

law.                                                                            

      This section is not subject to the referendum.  Therefore,   12,239       

under Ohio Constitution, Article II, Section 1d and section 1.471  12,240       

of the Revised Code, this section goes into immediate effect when  12,241       

this act becomes law.                                              12,242       

      Section 25.  The reinstatement fee prescribed by section     12,244       

4507.45 of the Revised Code and the fee increases prescribed by    12,245       

this act's amendments to section 4511.951 and division (L) of      12,246       

section 4511.191 of the Revised Code first apply on October 1,     12,247       

1997.                                                                           

      Section 26.  Notwithstanding the repeal by this act of       12,249       

sections 3701.61, 3701.611, 3701.62, 3701.63, 3701.64, 3701.65,    12,250       

3701.66, 3701.67, 3701.68, and 3701.69 of the Revised Code, the    12,251       

Director of Health and the Attorney General may take any actions   12,252       

formerly authorized by those sections to collect any claim paid    12,253       

illegally or erroneously before such repeal.                                    

      Section 27.  Section 121.05 of the Revised Code is           12,255       

presented in this act as a composite of the section as amended by  12,256       

both Sub. H.B. 572 and Am. Sub. S.B. 293 of the 121st General      12,257       

Assembly, with the new language of neither of the acts shown in    12,258       

capital letters.  Section 2933.43 of the Revised Code is           12,259       

presented in this act as a composite of the section as amended by  12,260       

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     12,261       

capital letters.  Section 3701.83 of the Revised Code is           12,262       

presented in this act as a composite of the section as amended by  12,263       

both Sub. S.B. 19 and Am. Sub. S.B. 162 of the 121st General       12,264       

Assembly, with the new language of neither of the acts shown in    12,265       

capital letters.  Section 4511.191 of the Revised Code is          12,266       

presented in this act as a composite of the section as amended by  12,267       

both Am. Sub. H.B. 353 and Am. Sub. S.B. 166 of the 121st General  12,268       

                                                          284    

                                                                 
Assembly, with the new language of neither of the acts shown in    12,269       

capital letters.  This is in recognition of the principle stated   12,271       

in division (B) of section 1.52 of the Revised Code that such      12,272       

amendments are to be harmonized where not substantively            12,273       

irreconcilable and constitutes a legislative finding that such is  12,274       

the resulting version in effect prior to the effective date of     12,275       

this act.                                                                       

      Section 28.  If any item of law that constitutes the whole   12,277       

or part of a codified or uncodified section of law contained in    12,278       

this act, or if any application of any item of law that            12,279       

constitutes the whole or part of a codified or uncodified section  12,280       

of law contained in this act, is held invalid, the invalidity      12,281       

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    12,282       

application.  To this end, the items of law of which the codified  12,283       

and uncodified sections contained in this act are composed, and    12,284       

their applications, are independent and severable.                 12,285       

      Section 29.  The Director of Transportation shall conduct a  12,287       

study of the business logo sign program established under section  12,288       

4511.101 of the Revised Code to evaluate various methods of        12,289       

making the program more cost effective.  The study shall include,  12,290       

but not be limited to, the possibility of participation fees,      12,291       

sign manufacture by the Department, and administration of the      12,292       

program by the Department.  No later than two years after the                   

effective date of this section, the Director shall compile a       12,293       

report with the results of the study and shall make the report     12,294       

available to the members of the General Assembly.                  12,295       

      Section 30.  Notwithstanding the amendment to section        12,297       

4511.102 of the Revised Code by this act, any contract with an     12,298       

operator of a commercial activity that is an eligible attraction   12,299       

that was entered into on or before July 1, 1998, is valid,         12,300       

irrespective of whether the commercial activity is a farm market,               

winery, or a bed and breakfast.                                    12,301