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
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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
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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
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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
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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:
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(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