As Passed by the House                        1            

122nd General Assembly                                             4            

   Regular Session                         Am. Sub. S. B. No. 142  5            

      1997-1998                                                    6            


     SENATORS B. JOHNSON-BLESSING-WHITE-GARDNER-WATTS-FINAN-       8            

    REPRESENTATIVES THOMAS-CORBIN-JOLIVETTE-BRITTON-GRENDELL-      9            

        BENDER-OPFER-VESPER-GARCIA-FORD-TAYLOR-CALLENDER-          10           

           OGG-PRINGLE-JOHNSON-MOTTL-HOUSEHOLDER-BOYD-             11           

          PADGETT-TERWILLEGER-ROMAN-KRUPINSKI-METZGER-             12           

     HARRIS-OLMAN-YOUNG-REID-STAPLETON- CATES-NETZLEY-HEALY        14           


_________________________________________________________________   16           

                          A   B I L L                                           

             To amend sections 303.21, 305.31, 319.202, 319.302,   18           

                319.54, 321.261, 321.45, 322.01, 322.02, 322.021,  19           

                322.03, 322.05, 322.99, 323.151,  323.152,         20           

                323.153, 323.154, 323.155, 323.156, 323.31,        21           

                325.31, 519.21, 1151.349, 1345.71, 1506.01,        22           

                1521.01, 1923.01, 3733.01, 3733.02,  3733.021,     23           

                3733.022, 3733.025, 3733.06, 3733.101, 3733.11,    24           

                3733.19, 3781.06, 3781.07, 3781.10, 3781.181,      25           

                3791.04, 4501.01, 4503.04, 4503.042, 4503.06,      27           

                4503.061, 4503.062, 4503.063, 4503.064, 4503.065,               

                4503.066, 4503.067, 4503.19, 4503.21, 4503.99,     29           

                4505.01, 4505.06, 4505.08, 4505.11, 4505.20,       30           

                4511.701, 4517.01, 4517.03, 4517.30, 4703.18,      31           

                4733.18, 4905.90, 5117.01, 5701.02, 5715.39,                    

                5728.01, 5739.02, and 5741.02 and to enact         32           

                sections 303.212, 322.06, 519.212, 3781.184, and   33           

                5739.0210 of the Revised Code to revise the sales  34           

                and use taxes applicable to manufactured homes,    35           

                require that all manufactured and mobile homes     36           

                pay either a real property tax or a manufactured   37           

                home tax, and make various other changes relative  38           

                to the taxation of manufactured and mobile homes;               

                to clarify that state and local building codes do  40           

                                                          2      


                                                                 
                not govern manufactured homes, but that all                     

                manufactured homes must be built pursuant to       41           

                federal standards and carry a permanent tag to     42           

                indicate compliance; to require that manufactured  43           

                homes that meet specified appearance criteria and  44           

                are permanently sited be treated as single-family  45           

                homes for zoning purposes if they meet all local                

                zoning requirements that do not conflict with      46           

                roof pitch and federal construction standards;     47           

                and to make various other changes in the law                    

                concerning manufactured and mobile homes.          48           




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        50           

      Section 1.  That sections 303.21, 305.31, 319.202, 319.302,  52           

319.54, 321.261, 321.45, 322.01, 322.02, 322.021, 322.03, 322.05,  53           

322.99, 323.151, 323.152, 323.153, 323.154, 323.155, 323.156,      54           

323.31, 325.31, 519.21, 1151.349, 1345.71, 1506.01, 1521.01,       55           

1923.01, 3733.01, 3733.02, 3733.021, 3733.022, 3733.025, 3733.06,  56           

3733.101, 3733.11, 3733.19, 3781.06, 3781.07, 3781.10, 3781.181,   57           

3791.04, 4501.01, 4503.04, 4503.042, 4503.06, 4503.061, 4503.062,  58           

4503.063, 4503.064, 4503.065, 4503.066, 4503.067, 4503.19,         59           

4503.21, 4503.99, 4505.01, 4505.06, 4505.08, 4505.11, 4505.20,     60           

4511.701, 4517.01, 4517.03, 4517.30, 4703.18, 4733.18, 4905.90,    61           

5117.01, 5701.02, 5715.39, 5728.01, 5739.02, and 5741.02 be        62           

amended and sections 303.212, 322.06, 519.212, 3781.184, and       63           

5739.0210 of the Revised Code be enacted to read as follows:       68           

      Sec. 303.21.  (A)  Except as otherwise provided in division  77           

(B) of this section, sections 303.01 to 303.25 of the Revised      78           

Code do not confer any power on any county rural zoning            79           

commission, board of county commissioners, or board of zoning      80           

appeals to prohibit the use of any land for agricultural purposes  81           

or the construction or use of buildings or structures incident to  82           

the use for agricultural purposes of the land on which such        83           

                                                          3      


                                                                 
buildings or structures are located, and no zoning certificate     84           

shall be required for any such building or structure.              85           

      (B)  A county zoning resolution, or an amendment to such     87           

resolution, may in any platted subdivision approved under section  88           

711.05, 711.09, or 711.10 of the Revised Code, or in any area      89           

consisting of fifteen or more lots approved under section 711.131  90           

of the Revised Code that are contiguous to one another, or some    91           

of which are contiguous to one another and adjacent to one side    92           

of a dedicated public road, and the balance of which are           93           

contiguous to one another and adjacent to the opposite side of     94           

the same dedicated public road regulate:                           95           

      (1)  Agriculture on lots of one acre or less;                97           

      (2)  Buildings or structures incident to the use of land     99           

for agricultural purposes on lots greater than one acre but not    100          

greater than five acres by:  set back building lines; height; and  101          

size;                                                              102          

      (3)  Dairying and animal and poultry husbandry on lots       104          

greater than one acre but not greater than five acres when at      105          

least thirty-five per cent of the lots in the subdivision are      106          

developed with at least one building, structure, or improvement    107          

that is subject to real property taxation or that is subject to    108          

the tax on manufactured AND MOBILE homes under section 4503.06 of  109          

the Revised Code.  After thirty-five per cent of the lots are so   110          

developed, dairying and animal and poultry husbandry shall be      111          

considered nonconforming use of land and buildings or structures   112          

pursuant to section 303.19 of the Revised Code.                    113          

      Division (B) of this section confers no power on any county  115          

rural zoning commission, board of county commissioners, or board   116          

of zoning appeals to regulate agriculture, buildings or            117          

structures, and dairying and animal and poultry husbandry on lots  118          

greater than five acres.                                           119          

      (C)  Such sections confer no power on any board of county    121          

commissioners, county rural zoning commission, or board of zoning  122          

appeals to prohibit in a district zoned for agricultural,          123          

                                                          4      


                                                                 
industrial, residential, or commercial uses, the use of any land   124          

for a farm market where fifty per cent or more of the gross        125          

income received from the market is derived from produce raised on  126          

farms owned or operated by the market operator in a normal crop    127          

year.  However, a board of county commissioners, as provided in    128          

section 303.02 of the Revised Code, may regulate such factors      129          

pertaining to farm markets as size of the structure, size of       130          

parking areas that may be required, set back building lines, and   131          

egress or ingress, where such regulation is necessary to protect   132          

the public health and safety.                                      133          

      Sec. 303.212.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF    136          

THIS SECTION, SECTIONS 303.01 TO 303.25 OF THE REVISED CODE DO     138          

NOT CONFER ON ANY COUNTY RURAL ZONING COMMISSION, BOARD OF COUNTY  139          

COMMISSIONERS, OR BOARD OF ZONING APPEALS THE AUTHORITY TO         140          

PROHIBIT OR RESTRICT THE LOCATION OF A PERMANENTLY SITED                        

MANUFACTURED HOME, AS DEFINED IN DIVISION (C)(6) OF SECTION        142          

3781.06 OF THE REVISED CODE, IN ANY DISTRICT OR ZONE IN WHICH A    144          

SINGLE-FAMILY HOME IS PERMITTED.                                                

      (B)  DIVISION (A) OF THIS SECTION DOES NOT LIMIT THE         147          

AUTHORITY OF A COUNTY RURAL ZONING COMMISSION, BOARD OF COUNTY     148          

COMMISSIONERS, OR BOARD OF ZONING APPEALS TO DO EITHER OF THE                   

FOLLOWING:                                                         149          

      (1)  REQUIRE THAT A PERMANENTLY SITED MANUFACTURED HOME      152          

COMPLY WITH ALL ZONING REQUIREMENTS THAT ARE UNIFORMLY IMPOSED ON  153          

ALL SINGLE-FAMILY RESIDENCES IN THE DISTRICT OR ZONE IN WHICH THE  154          

PERMANENTLY SITED MANUFACTURED HOME IS OR IS TO BE LOCATED,        155          

EXCEPT REQUIREMENTS THAT SPECIFY A MINIMUM ROOF PITCH AND          156          

REQUIREMENTS THAT DO NOT COMPLY WITH THE STANDARDS ESTABLISHED     157          

PURSUANT TO THE "MANUFACTURED HOUSING CONSTRUCTION AND SAFETY      158          

STANDARDS ACT OF 1974," 88 STAT. 700, 42 U.S.C.A. 5401;            160          

      (2)  PROHIBIT FROM ANY RESIDENTIAL DISTRICT OR ZONE, TRAVEL  162          

TRAILERS, PARK TRAILERS, AND MOBILE HOMES, AS THESE TERMS ARE      163          

DEFINED IN SECTION 4501.01 OF THE REVISED CODE, AND MANUFACTURED   164          

HOMES THAT DO NOT QUALIFY AS PERMANENTLY SITED MANUFACTURED        165          

                                                          5      


                                                                 
HOMES.                                                                          

      (C)  THIS SECTION DOES NOT PROHIBIT A PRIVATE LANDOWNER      168          

FROM INCORPORATING A RESTRICTIVE COVENANT IN A DEED, PROHIBITING   169          

THE INCLUSION ON THE CONVEYED LAND OF MANUFACTURED HOMES, AS       170          

DEFINED IN DIVISION (C)(4) OR (6) OF SECTION 3781.06 OF THE        172          

REVISED CODE, OR OF TRAVEL TRAILERS, PARK TRAILERS, AND MOBILE     174          

HOMES, AS DEFINED IN SECTION 4501.01 OF THE REVISED CODE.  THIS    176          

DIVISION DOES NOT CREATE A NEW CAUSE OF ACTION OR SUBSTANTIVE      177          

LEGAL RIGHT FOR A PRIVATE LANDOWNER TO INCORPORATE SUCH A          178          

RESTRICTIVE COVENANT IN A DEED.                                    179          

      Sec. 305.31.  The procedure for submitting to a referendum   189          

any resolution adopted by a board of county commissioners          190          

pursuant to division (D)(1) of section 307.697, section 322.02,    193          

322.06, 324.02, division (B)(1) of section 4301.421, section                    

4504.02, 5739.021, 5739.026, 5741.021, 5741.023, or division       195          

(C)(1) of section 5743.024 of the Revised Code or rule adopted     196          

pursuant to section 307.79 of the Revised Code shall be as         197          

prescribed by this section.                                        198          

      When EXCEPT AS OTHERWISE PROVIDED IN THIS PARAGRAPH, WHEN a  200          

petition, signed by ten per cent of the number of electors who     202          

voted for governor at the most recent general election for the     203          

office of governor in the county, is filed with the county         204          

auditor within thirty days after the date such resolution is       205          

passed or rule is adopted by the board of county commissioners,    206          

or is filed within forty-five days after the resolution is         207          

passed, in the case of a resolution adopted pursuant to section    208          

5739.021 of the Revised Code that is passed within one year after  209          

a resolution adopted pursuant to that section has been rejected    210          

or repealed by the electors, requesting that such resolution be    211          

submitted to the electors of such county for their approval or     212          

rejection, such county auditor shall, after ten days following     213          

the filing of the petition, and not later than four p.m. of the    214          

seventy-fifth day before the day of election, transmit a           215          

certified copy of the text of the resolution or rule to the board  216          

                                                          6      


                                                                 
of elections.  In the case of a petition requesting that a                      

resolution adopted under division (D)(1) of section 307.697,       217          

division (B)(1) of section 4301.421, or division (C)(1) of         218          

section 5743.024 of the Revised Code be submitted to electors for  220          

their approval or rejection, the petition must be signed by seven  221          

per cent of the number of electors who voted for governor at the   222          

next preceding MOST RECENT election for the office of governor in  223          

the county.  The county auditor shall transmit the petition to     225          

the board together with the certified copy of the resolution or    226          

rule.  The board shall examine all signatures on the petition to   227          

determine the number of electors of the county who signed the      228          

petition.  The board shall return the petition to the auditor      229          

within ten days after receiving it, together with a statement      230          

attesting to the number of such electors who signed the petition.  231          

The board shall submit the resolution or rule to the electors of   232          

the county, for their approval or rejection, at the succeeding     233          

general election held in the county in any year, or on the day of  234          

the succeeding primary election held in the county in              235          

even-numbered years, occurring subsequent to seventy-five days     236          

after the auditor certifies the sufficiency and validity of the    237          

petition to the board of elections.                                             

      No resolution shall go into effect until approved by the     239          

majority of those voting upon it.  However, a rule shall take      240          

effect and remain in effect unless and until a majority of the     241          

electors voting on the question of repeal approve the repeal.      242          

Sections 305.31 to 305.41 of the Revised Code do not prevent a     243          

county, after the passage of any resolution or adoption of any     244          

rule, from proceeding at once to give any notice or make any       245          

publication required by the resolution or rule.                    246          

      The board of county commissioners shall make available to    248          

any person, upon request, a certified copy of any resolution or    249          

rule subject to the procedure for submitting a referendum under    250          

sections 305.31 to 305.42 of the Revised Code beginning on the     251          

date the resolution or rule is adopted by the board.  The board    252          

                                                          7      


                                                                 
may charge a fee for the cost of copying the resolution or rule.   253          

      As used in this section, "certified copy" means a copy       255          

containing a written statement attesting that it is a true and     256          

exact reproduction of the original resolution or rule.             257          

      Sec. 319.202.  Before the county auditor indorses any real   266          

property conveyance OR MANUFACTURED OR MOBILE HOME CONVEYANCE      267          

presented to him THE AUDITOR pursuant to section 319.20 of the     269          

Revised Code OR REGISTERS ANY MANUFACTURED OR MOBILE HOME                       

CONVEYANCE PURSUANT TO SECTION 4503.061 OF THE REVISED CODE, the   272          

grantee or his THE GRANTEE'S representative shall submit in        273          

triplicate a statement, prescribed by the tax commissioner, and    274          

other information as the county auditor may require, declaring     275          

the value of real property OR MANUFACTURED OR MOBILE HOME          276          

conveyed, except that when the transfer is exempt under division   277          

(F)(3) of section 319.54 of the Revised Code only a statement of   278          

the reason for the exemption shall be required.  Each statement    279          

submitted under this section shall contain the information         280          

required under divisions (A) and (B) of this section.              281          

      (A)  Each statement submitted under this section shall       283          

either:                                                            284          

      (1)  Contain an affirmation by the grantee that the grantor  286          

has been asked by the grantee or his THE GRANTEE'S representative  288          

whether to the best of the grantor's knowledge either the                       

preceding or the current year's taxes on the real property OR THE  290          

CURRENT OR FOLLOWING YEAR'S TAXES ON THE MANUFACTURED OR MOBILE    291          

HOME conveyed will be reduced under division (A) of section        292          

323.152 of the Revised Code and that the grantor indicated that    293          

to the best of his THE GRANTOR'S knowledge the taxes will not be   294          

so reduced; or                                                                  

      (2)  Be accompanied by a sworn or affirmed instrument        296          

stating:                                                           297          

      (a)  To the best of the grantor's knowledge the real         299          

property OR THE MANUFACTURED OR MOBILE HOME that is the subject    300          

of the conveyance is eligible for and will receive a reduction in  302          

                                                          8      


                                                                 
taxes for or payable in the current year under division (A) of     303          

section 323.152 of the Revised Code and that the reduction or      304          

reductions will be reflected in the grantee's taxes;               305          

      (b)  The estimated amount of such reductions that will be    307          

reflected in the grantee's taxes;                                  308          

      (c)  That the grantor and the grantee have considered and    310          

accounted for the total estimated amount of such reductions to     311          

the satisfaction of both the grantee and the grantor.  The         312          

auditor shall indorse the instrument, return it to the grantee or  313          

his THE GRANTEE'S representative, and provide a copy of the        314          

indorsed instrument to the grantor or his THE GRANTOR'S            316          

representative.                                                                 

      (B)  Each statement submitted under this section shall       318          

either:                                                            319          

      (1)  Contain an affirmation by the grantee that the grantor  321          

has been asked by the grantee or his THE GRANTEE'S representative  323          

whether to the best of the grantor's knowledge the real property   324          

conveyed qualified for the current agricultural use valuation      325          

under section 5713.30 of the Revised Code either for the           326          

preceding or the current year and that the grantor indicated that  327          

to the best of his THE GRANTOR'S knowledge the property conveyed   328          

was not so qualified; or                                           329          

      (2)  Be accompanied by a sworn or affirmed instrument        331          

stating:                                                           332          

      (a)  To the best of the grantor's knowledge the real         334          

property conveyed was qualified for the current agricultural use   335          

valuation under section 5713.30 of the Revised Code either for     336          

the preceding or the current year;                                 337          

      (b)  To the extent that the property will not continue to    339          

qualify for the current agricultural use valuation either for the  340          

current or the succeeding year, that the property will be subject  341          

to a recoupment charge equal to the tax savings in accordance      342          

with section 5713.34 of the Revised Code;                          343          

      (c)  That the grantor and the grantee have considered and    345          

                                                          9      


                                                                 
accounted for the total estimated amount of such recoupment, if    346          

any, to the satisfaction of both the grantee and the grantor.      347          

The auditor shall indorse the instrument, forward it to the        348          

grantee or his THE GRANTEE'S representative, and provide a copy    349          

of the indorsed instrument to the grantor or his THE GRANTOR'S     351          

representative.                                                                 

      (C)  The grantor shall pay the fee required by division      353          

(F)(3) of section 319.54 of the Revised Code; and, in the event    354          

the board of county commissioners of the county has levied a real  355          

property OR A MANUFACTURED HOME transfer tax pursuant to Chapter   356          

322. of the Revised Code, the amount required by the real          358          

property OR MANUFACTURED HOME transfer tax so levied.  If the      359          

conveyance is exempt from the fee provided for in division (F)(3)  362          

of section 319.54 of the Revised Code and the tax, if any, levied  363          

pursuant to Chapter 322. of the Revised Code, the reason for such  364          

exemption shall be shown on the statement.  "Value" means, in the  365          

case of any deed OR CERTIFICATE OF TITLE not a gift in whole or    367          

part, the amount of the full consideration therefor, paid or to    368          

be paid for the real estate OR MANUFACTURED OR MOBILE HOME         369          

described in the deed OR TITLE, including the amount of any        372          

mortgage or vendor's lien thereon.  If property sold under a land  373          

installment contract is conveyed by the seller under such                       

contract to a third party and the contract has been of record at   374          

least twelve months prior to the date of conveyance, "value"       375          

means the unpaid balance owed to the seller under the contract at  377          

the time of the conveyance, but the statement shall set forth the  378          

amount paid under such contract prior to the date of conveyance.   379          

In the case of a gift in whole or part, "value" means the          380          

estimated price the real estate OR MANUFACTURED OR MOBILE HOME     382          

described in the deed OR CERTIFICATE OF TITLE would bring in the   384          

open market and under the then existing and prevailing market      385          

conditions in a sale between a willing seller and a willing        386          

buyer, both conversant with the property and with prevailing       387          

general price levels.  No person shall willfully falsify the       388          

                                                          10     


                                                                 
value of property conveyed.                                        389          

      (D)  The auditor shall indorse each conveyance on its face   391          

to indicate the amount of the conveyance fee and compliance with   392          

this section.  The auditor shall retain the original copy of the   393          

statement of value, forward to the tax commissioner one copy on    394          

which shall be noted the most recent assessed value of the         395          

property, and furnish one copy to the grantee or his THE           396          

GRANTEE'S representative.                                          397          

      (E)  In order to achieve uniform administration and          399          

collection of the real property transfer fee required by division  400          

(F)(3) of section 319.54 of the Revised Code, the tax              401          

commissioner shall adopt and promulgate rules for the              402          

administration and enforcement of the levy and collection of such  403          

fee.                                                               404          

      Sec. 319.302.  After complying with section 319.301 of the   413          

Revised Code, the county auditor shall reduce the remaining sums   415          

to be levied against each parcel of real property listed on the    416          

general tax list and duplicate of real and public utility          417          

property for the current tax year, AND AGAINST EACH MANUFACTURED   418          

AND MOBILE HOME THAT IS TAXED PURSUANT TO DIVISION (D)(2) OF       421          

SECTION 4503.06 OF THE REVISED CODE AND THAT IS ON THE             423          

MANUFACTURED HOME TAX LIST FOR THE CURRENT TAX YEAR, by ten per    424          

cent.  Except as otherwise provided in sections 323.152, and       426          

323.158, 505.06, and 715.263 of the Revised Code, the amount of    429          

the taxes remaining after such reduction shall be the real and     430          

public utility property taxes charged and payable on such, AND     431          

THE MANUFACTURED HOME TAX CHARGED AND PAYABLE, ON EACH property    432          

and shall be the amounts certified to the county treasurer for     433          

collection.  Upon receipt of the tax duplicate, the treasurer      434          

shall certify to the tax commissioner the total amount by which    435          

such taxes were reduced under this section, as shown on the        436          

duplicate.  Such reduction shall not directly or indirectly                     

affect the determination of the principal amount of notes that     437          

may be issued in anticipation of any tax levies or the amount of   438          

                                                          11     


                                                                 
bonds or notes for any planned improvements.  If after             439          

application of sections 5705.31 and 5705.32 of the Revised Code    440          

and other applicable provisions of law, including division (F) of  441          

section 321.24 of the Revised Code, there would be insufficient    442          

funds for payment of debt charges on bonds or notes payable from   443          

taxes reduced by this section, the reduction of taxes provided     444          

for in this section shall be adjusted to the extent necessary to   445          

provide funds from such taxes.                                     446          

      Sec. 319.54.  (A)  On all moneys collected by the county     455          

treasurer on any tax duplicate of the county, other than estate    456          

tax duplicates, and on all moneys received as advance payments of  457          

personal property and classified property taxes, the county        458          

auditor, on settlement with the treasurer and tax commissioner,    459          

on or before the date prescribed by law for such settlement or     460          

any lawful extension of such date, shall be allowed as             461          

compensation for his THE COUNTY AUDITOR'S services the following   462          

percentages:                                                       463          

      (1)  On the first one hundred thousand dollars, two and      465          

one-half per cent;                                                 466          

      (2)  On the next two million dollars, eight thousand three   468          

hundred eighteen ten-thousandths of one per cent;                  469          

      (3)  On the next two million dollars, six thousand six       471          

hundred fifty-five ten-thousandths of one per cent;                472          

      (4)  On all further sums, one thousand six hundred           474          

sixty-three ten-thousandths of one per cent.                       475          

      If any settlement is not made on or before the date          477          

prescribed by law for such settlement or any lawful extension of   478          

such date, the aggregate compensation allowed to the auditor       479          

shall be reduced one per cent for each day such settlement is      480          

delayed after the prescribed date.  No penalty shall apply if the  481          

auditor and treasurer grant all requests for advances up to        482          

ninety per cent of the settlement pursuant to section 321.34 of    483          

the Revised Code.  The compensation allowed in accordance with     484          

this section on settlements made before the dates prescribed by    485          

                                                          12     


                                                                 
law, or the reduced compensation allowed in accordance with this   486          

section on settlements made after the date prescribed by law or    487          

any lawful extension of such date, shall be apportioned ratably    488          

by the auditor and deducted from the shares or portions of the     489          

revenue payable to the state as well as to the county, townships,  490          

municipal corporations, and school districts.                      491          

      (B)  From all moneys collected by the county treasurer on    493          

any tax duplicate of the county, other than estate tax             494          

duplicates, and on all moneys received as advance payments of      495          

personal property and classified property taxes, there shall be    496          

paid into the county treasury to the credit of the real estate     497          

assessment fund created by section 325.31 of the Revised Code, an  498          

amount to be determined by the county auditor, which shall not     499          

exceed the following percentages:                                  500          

      (1)  On the first one hundred thousand dollars, three and    502          

one-half per cent;                                                 503          

      (2)  On the next three million dollars, one and              505          

three-eighths per cent;                                            506          

      (3)  On the next three million dollars, one per cent;        508          

      (4)  On all further sums not exceeding one hundred fifty     510          

million dollars, three-quarters of one per cent;                   511          

      (5)  On amounts exceeding one hundred fifty million          513          

dollars, six-tenths of one per cent.                               514          

      Such compensation shall be apportioned ratably by the        516          

auditor and deducted from the shares or portions of the revenue    517          

payable to the state as well as to the county, townships,          518          

municipal corporations, and school districts.                      519          

      (C)  Each county auditor shall receive four per cent of the  521          

amount of tax collected and paid into the county treasury, on      522          

property omitted and placed by him THE COUNTY AUDITOR on the tax   523          

duplicate.                                                         524          

      (D)  On all estate tax moneys collected by the county        526          

treasurer, the county auditor, on settlement semiannually with     527          

the tax commissioner, shall be allowed, as compensation for his    528          

                                                          13     


                                                                 
THE AUDITOR'S services under Chapter 5731. of the Revised Code,    530          

the following percentages:                                         531          

      (1)  Four per cent on the first one hundred thousand         533          

dollars;                                                           534          

      (2)  One-half of one per cent on all additional sums.        536          

      Such percentages shall be computed upon the amount           538          

collected and reported at each semiannual settlement, and shall    539          

be for the use of the general fund of the county.                  540          

      (E)  On all cigarette license moneys collected by the        542          

county treasurer, the county auditor, on settlement semiannually   543          

with the treasurer, shall be allowed as compensation for his THE   544          

AUDITOR'S services in the issuing of such licenses one-half of     546          

one per cent of such moneys, to be apportioned ratably and         547          

deducted from the shares of the revenue payable to the county and  548          

subdivisions, for the use of the general fund of the county.       549          

      (F)  The county auditor shall charge and receive fees as     551          

follows:                                                           552          

      (1)  For deeds of land sold for taxes to be paid by the      554          

purchaser, five dollars;                                           555          

      (2)  For the transfer or entry of land, lot, or part of      557          

lot, to be paid by the person requiring it, fifty cents for each   558          

transfer;                                                          559          

      (3)  For receiving statements of value and administering     561          

section 319.202 of the Revised Code, one dollar, or ten cents per  562          

hundred dollars for each one hundred dollars, or fraction of one   563          

hundred dollars, WHICHEVER IS GREATER, of the value of THE real    565          

property TRANSFERRED OR THE USED MANUFACTURED HOME OR USED MOBILE  566          

HOME, AS DEFINED IN DIVISION (B)(5) OF SECTION 5739.0210 OF THE    567          

REVISED CODE, transferred, whichever is greater, except no fee     568          

shall be charged when the transfer is made:                        569          

      (a)  To or from the United States, this state, or any        571          

instrumentality, agency, or political subdivision of the United    572          

States or this state;                                              573          

      (b)  Solely in order to provide or release security for a    575          

                                                          14     


                                                                 
debt or obligation;                                                576          

      (c)  To confirm or correct a deed previously executed and    578          

recorded;                                                          579          

      (d)  To evidence a gift, in trust or otherwise and whether   581          

revocable or irrevocable, between husband and wife, or parent and  582          

child or the spouse of either;                                     583          

      (e)  On sale for delinquent taxes or assessments;            585          

      (f)  Pursuant to court order, to the extent that such        587          

transfer is not the result of a sale effected or completed         588          

pursuant to such order;                                            589          

      (g)  Pursuant to a reorganization of corporations or         591          

unincorporated associations or pursuant to the dissolution of a    592          

corporation, to the extent that the corporation conveys the        593          

property to a stockholder as a distribution in kind of the         594          

corporation's assets in exchange for the stockholder's shares in   595          

the dissolved corporation;                                         596          

      (h)  By a subsidiary corporation to its parent corporation   598          

for no consideration, nominal consideration, or in sole            599          

consideration of the cancellation or surrender of the              600          

subsidiary's stock;                                                601          

      (i)  By lease, whether or not it extends to mineral or       603          

mineral rights, unless the lease is for a term of years renewable  604          

forever;                                                           605          

      (j)  When the value of the real property OR THE              607          

MANUFACTURED OR MOBILE HOME or THE VALUE OF THE interest in real   608          

property THAT IS conveyed does not exceed one hundred dollars;     609          

      (k)  Of an occupied residential property, INCLUDING A        611          

MANUFACTURED OR MOBILE HOME, being transferred to the builder of   612          

a new residence OR TO THE DEALER OF A NEW MANUFACTURED OR MOBILE   613          

HOME when the former residence is traded as part of the            614          

consideration for the new residence OR NEW MANUFACTURED OR MOBILE  615          

HOME;                                                                           

      (l)  To a grantee other than a dealer in real property OR    617          

IN MANUFACTURED OR MOBILE HOMES, solely for the purpose of, and    618          

                                                          15     


                                                                 
as a step in, the prompt sale of the real property OR              619          

MANUFACTURED OR MOBILE HOME to others;                                          

      (m)  To or from a person when no money or other valuable     621          

and tangible consideration readily convertible into money is paid  622          

or to be paid for the real estate OR MANUFACTURED OR MOBILE HOME   623          

and the transaction is not a gift;                                 625          

      (n)  Pursuant to division (B) of section 317.22, or to       627          

section 2113.61 of the Revised Code, between spouses or to a       628          

surviving spouse pursuant to section 5302.17 of the Revised Code   629          

as it existed prior to April 4, 1985, between persons pursuant to  630          

section 5302.17 or 5302.18 of the Revised Code on or after April   631          

4, 1985, to a person who is a surviving, survivorship tenant       632          

pursuant to section 5302.17 of the Revised Code on or after April  633          

4, 1985, or pursuant to section 5309.45 of the Revised Code;       634          

      (o)  To a trustee acting on behalf of minor children of the  636          

deceased;                                                          637          

      (p)  Of an easement or right-of-way when the value of the    639          

interest conveyed does not exceed one thousand dollars;            640          

      (q)  Of property sold to a surviving spouse pursuant to      642          

section 2106.16 of the Revised Code;                               643          

      (r)  To or from an organization exempt from federal income   645          

taxation under section 501(c)(3) of the "Internal Revenue Code of  646          

1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended, provided such    647          

transfer is without consideration and is in furtherance of the     648          

charitable or public purposes of such organization;                649          

      (s)  Among the heirs at law or devisees, including a         651          

surviving spouse, of a common decedent, when no consideration in   652          

money is paid or to be paid for the real property OR MANUFACTURED  653          

OR MOBILE HOME;                                                    654          

      (t)  To a trustee of a trust, when the grantor of the trust  656          

has reserved an unlimited power to revoke the trust;               657          

      (u)  To the grantor of a trust by a trustee of the trust,    659          

when the transfer is made to the grantor pursuant to the exercise  660          

of the grantor's power to revoke the trust or to withdraw trust    661          

                                                          16     


                                                                 
assets;                                                                         

      (v)  To the beneficiaries of a trust if the fee was paid on  663          

the transfer from the grantor of the trust to the trustee or if    664          

the transfer is made pursuant to trust provisions which became     665          

irrevocable at the death of the grantor;                           666          

      (w)  To a corporation for incorporation into a sports        668          

facility constructed pursuant to section 307.696 of the Revised    669          

Code.                                                              670          

      The auditor shall compute and collect the fee.  The auditor  672          

shall maintain a numbered receipt system, as prescribed by the     673          

tax commissioner, and use such receipt system to provide a         674          

receipt to each person paying a fee.  The auditor shall deposit    675          

the receipts of the fees on conveyances in the county treasury     676          

daily to the credit of the general fund of the county.             677          

      The real property transfer fee provided for in division      679          

(F)(3) of this section shall be applicable to any conveyance of    680          

real property presented to the auditor on or after January 1,      681          

1968, regardless of its time of execution or delivery.             682          

      Sec. 321.261.  Five per cent of all delinquent real          691          

property, personal property, and manufactured AND MOBILE home      692          

taxes and assessments collected by the county treasurer shall be   693          

deposited in the delinquent tax and assessment collection fund,    694          

which shall be created in the county treasury.  The moneys in the  695          

fund, one-half of which shall be appropriated by the board of      696          

county commissioners to the treasurer and one-half of which shall  697          

be appropriated to the county prosecuting attorney, shall be used  698          

solely in connection with the collection of delinquent real        699          

property, personal property, and manufactured AND MOBILE home      700          

taxes and assessments.                                             701          

      Annually by the first day of December, the treasurer and     703          

the prosecuting attorney each shall submit a report to the board   704          

regarding the use of the moneys appropriated to their respective   705          

offices from the delinquent tax and assessment collection fund.    706          

Each report shall specify the amount appropriated to the office    707          

                                                          17     


                                                                 
during the current calendar year, an estimate of the amount so     708          

appropriated that will be expended by the end of the year, a       709          

summary of how the amount appropriated has been expended in        710          

connection with delinquent tax collection activities, and an       711          

estimate of the amount that will be credited to the fund during    712          

the ensuing calendar year.                                         713          

      Sec. 321.45.  (A)  As used in this section:                  722          

      (1)  "Taxpayer" means any person in whose name a parcel of   724          

property OR MANUFACTURED OR MOBILE HOME is listed on the tax       725          

duplicate.                                                                      

      (2)  "Prepayment" means any amount given to the county       727          

treasurer by a taxpayer under this section for the treasurer to    728          

apply as payment of the taxpayer's total taxes due in accordance   729          

with this section.                                                 730          

      (3)  "Taxes IN THE CASE OF A PARCEL OF PROPERTY OR A         732          

MANUFACTURED OR MOBILE HOME LISTED ON THE REAL PROPERTY TAX LIST,  733          

"TAXES," "delinquent taxes," and "current taxes" have the same     735          

meanings as in section 323.01 of the Revised Code.  IN THE CASE                 

OF A MANUFACTURED OR MOBILE HOME LISTED ON THE MANUFACTURED HOME   736          

TAX LIST, "TAXES" MEANS MANUFACTURED HOME TAXES LEVIED PURSUANT    737          

TO SECTION 4503.06 OF THE REVISED CODE.                            738          

      (4)  "Duplicate" means the treasurer's duplicate of real     740          

and public utility property AND THE MANUFACTURED HOME TAX LIST.    741          

      (5)  "Total IN THE CASE OF A PARCEL OF PROPERTY OR A         743          

MANUFACTURED OR MOBILE HOME LISTED ON THE REAL PROPERTY TAX LIST,  744          

"TOTAL taxes due" means all delinquent taxes and that portion of   746          

current taxes that, in order to avoid a penalty, are required to   747          

be paid by the next date that is the last date on which an         748          

installment of taxes may be paid without penalty.  IN THE CASE OF               

A MANUFACTURED OR MOBILE HOME LISTED ON THE MANUFACTURED HOME TAX  749          

LIST, "TOTAL TAXES DUE" MEANS ALL TAXES LEVIED AND DUE UNDER       750          

SECTION 4503.06 OF THE REVISED CODE, INCLUDING ANY PENALTY.        751          

      (B)(1)  A county treasurer may enter into a written          753          

agreement with any taxpayer, upon mutually agreed on terms and     755          

                                                          18     


                                                                 
conditions, under which both of the following occur:               756          

      (a)  The taxpayer agrees to tender prepayments of taxes on   758          

a parcel of property OR MANUFACTURED OR MOBILE HOME listed on the  760          

tax duplicate in the name of the taxpayer;                                      

      (b)  The treasurer agrees to accept the prepayments and      762          

hold them either in an escrow fund or a separate depository        763          

account until the last day that an installment of current taxes    764          

may be paid without penalty, at which time the treasurer further   767          

agrees to apply, in payment of the total taxes due on the parcel   768          

OR THE MANUFACTURED OR MOBILE HOME, an amount of the prepayments   770          

that equals the total taxes due on the parcel OR THE MANUFACTURED  771          

OR MOBILE HOME.  If a discount is not given under division (B)(2)  773          

of this section, any earnings on prepayments in an escrow fund or  774          

depository account shall be paid to the credit of a special        775          

interest account to be used by the treasurer only for the payment  776          

of the expenses incurred in establishing and administering the     777          

system for collecting prepayments under division (B)(1) of this    779          

section.                                                                        

      (2)  In addition to providing for the items enumerated in    781          

division (B)(1) of this section, the agreement may provide for     782          

the treasurer to invest prepayments held in the escrow fund or     783          

depository account, subject to Chapter 135. of the Revised Code,   784          

and apply the investment earnings thereon, after deducting an      785          

amount to pay the expenses incurred by the treasurer in            786          

establishing and administering the prepayment system, as a         787          

discount against the total taxes due of each taxpayer entering     788          

into such an agreement.  The balance applied to the discounts      789          

shall be apportioned among taxpayers in such a manner that the     790          

discount credited to a taxpayer for each parcel of property OR     791          

MANUFACTURED OR MOBILE HOME for which taxes are prepaid is         793          

commensurate with the amount of current taxes due and the length   794          

of time current taxes are held in escrow.  Discounts accruing to   795          

prepayments made for a tax year shall be applied against total     796          

taxes due for the ensuing tax year.  No discount shall be          797          

                                                          19     


                                                                 
apportioned to a taxpayer who fails to pay the total taxes due or  798          

fails to make prepayments pursuant to the terms of the agreement.  799          

      (C)  A prepayment accepted by a treasurer under an           801          

agreement under division (B) of this section does not constitute   802          

a payment of taxes until it is applied toward the payment of       803          

taxes as provided in this section.  A separate prepayment          804          

agreement is required for each parcel of property OR MANUFACTURED  805          

OR MOBILE HOME, except that a taxpayer who makes prepayments on    806          

more than one parcel OR MANUFACTURED OR MOBILE HOME may enter      807          

into a single agreement covering all of the parcels OR             809          

MANUFACTURED OR MOBILE HOMES.  The single agreement shall specify  810          

the manner in which each prepayment shall be apportioned among     811          

the parcels OR MANUFACTURED OR MOBILE HOMES.  The treasurer shall  813          

keep a separate record for each parcel OR MANUFACTURED OR MOBILE   814          

HOME showing the date and amount of each prepayment.               815          

      (D)  No treasurer shall fail to apply prepayments toward     817          

the payment of taxes as required pursuant to an agreement entered  818          

into under division (B) of this section; however, the total        819          

amount of prepayments shall equal or exceed the total taxes due,   820          

less any discount applied for a previous period under division     821          

(B)(2) of this section.                                            822          

      (E)  The treasurer shall give each person who makes a tax    824          

prepayment in person at the office of the county treasurer a       825          

receipt in the form that the prepayment agreement requires.  The   826          

treasurer shall give a receipt to a person who makes a tax         827          

prepayment to the treasurer by mail only if the taxpayer encloses  828          

with the prepayment an addressed envelope with sufficient          829          

postage, in which case the treasurer shall insert a receipt for    830          

the prepayment in that envelope and deposit it in the mail.  The   831          

treasurer may refund any amount tendered as a prepayment if the    832          

taxpayer so requests and files with the treasurer an affidavit     833          

and the supporting documents the treasurer requires providing      834          

that the taxpayer no longer owns the property.  The request for    835          

the refund shall be made prior to the date of the mailing of a     836          

                                                          20     


                                                                 
tax bill and escrow statement to the taxpayer.  If a taxpayer who  837          

has entered into a prepayment agreement pursuant to this section   838          

dies before the last day on which an installment of current taxes  839          

may be paid without penalty, the treasurer may refund the amount   840          

of any prepayments made by that taxpayer to the executor or        841          

administrator of the taxpayer's estate.                            842          

      (F)  If the treasurer has received any prepayments from a    844          

taxpayer, the treasurer shall add to the tax bill required by      845          

section 323.13 of the Revised Code a tax escrow statement that     846          

shall specify the total amount of prepayments received by the      847          

treasurer on or before the date the statement was prepared, the    848          

balance of total taxes due for which no prepayment has been        849          

received, the amount of any discount to be applied to total taxes  850          

due, and the date the statement was prepared.                      851          

      (G)  If the total amount of a taxpayer's prepayments to the  853          

treasurer made on or before the final date an installment of       854          

taxes may be paid without penalty do not equal or exceed the       855          

total taxes due on that date, the taxpayer is not relieved of any  856          

late penalty or interest otherwise due pursuant to section         857          

323.121 of the Revised Code.  If the treasurer fails to apply      858          

prepayments received by the treasurer's office in accordance with  860          

the terms of an agreement and the total amount of the taxpayer's   861          

prepayments equals or exceeds the total taxes due, the taxpayer    862          

is relieved of any late penalty or interest imposed under section  863          

323.121 of the Revised Code.                                       864          

      (H)  The office of the county treasurer shall bear all of    866          

the costs of establishing and administering a system for           867          

collecting prepayments as permitted by this section.               868          

      (I)  Before the county treasurer commences a prepayment      870          

system, the tax commissioner shall approve all procedures and      871          

forms to be used in the system.                                    872          

      (J)  The treasurer may enter into any agreements necessary   874          

to enable the taxpayer to make prepayments of taxes to the office  875          

of the treasurer through the electronic transfer of funds from an  876          

                                                          21     


                                                                 
account in the name of the taxpayer at a financial institution.    877          

      Sec. 322.01.  As used in sections 322.01 to 322.05 of the    886          

Revised Code:                                                      887          

      (A)  "Value" means, in the case of any deed not a gift in    889          

whole or part, the amount of the full consideration therefor,      890          

paid or to be paid for the real estate described in the deed,      891          

including the amount of any liens thereon, with the following      892          

exceptions:                                                        893          

      (1)  The amount owed on a debt secured by a mortgage which   895          

has been of record at least twelve months prior to the date of     896          

the conveyance and which is assumed by the purchaser;              897          

      (2)  The difference between the full amount of               899          

consideration and the unpaid balance owed to the seller at the     900          

time of the conveyance of property to a third party under a land   901          

installment contract that has been of record at least twelve       902          

months prior to the date of conveyance.                            903          

      In (B)  "VALUE" MEANS, IN THE CASE OF A MANUFACTURED OR      906          

MOBILE HOME THAT IS NOT A GIFT IN WHOLE OR IN PART, THE AMOUNT OF  907          

THE FULL CONSIDERATION PAID OR TO BE PAID FOR THE HOME, INCLUDING  908          

THE AMOUNTS OF ANY LIENS THEREON.                                  909          

      (C)  "VALUE" MEANS, IN the case of a gift in whole or part,  911          

the estimated price the real estate described in the deed, OR THE  913          

MANUFACTURED OR MOBILE HOME, would bring in the open market and    915          

under the then existing and prevailing market conditions in a      916          

sale between a willing seller and a willing buyer, both            917          

conversant with the property and with prevailing general price     918          

levels.                                                                         

      (B)(D)  "Deed" means any deed, instrument, or writing by     921          

which any real property or any interest in real property is        922          

granted, assigned, transferred, or otherwise conveyed except that  923          

it does not include any deed, instrument, or writing which         924          

grants, assigns, transfers, or otherwise conveys any real          925          

property or interests in real property exempted from the fee       926          

required by division (F)(3) of section 319.54 of the Revised       927          

                                                          22     


                                                                 
Code.                                                                           

      (E)  "MANUFACTURED HOME" HAS THE SAME MEANING AS IN          930          

DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED CODE.            933          

      (F)  "MOBILE HOME" HAS THE SAME MEANING AS IN DIVISION (O)   936          

OF SECTION 4501.01 OF THE REVISED CODE.                            938          

      Sec. 322.02.  (A)  For the purpose of paying the costs of    947          

enforcing and administering the tax and providing additional       948          

general revenue for the county, any county may levy and collect a  949          

tax to be known as the real property transfer tax on each deed     950          

conveying real property or any interest in real property located   951          

wholly or partially within the boundaries of such county at a      952          

rate not to exceed thirty cents per hundred dollars for each one   953          

hundred dollars or fraction thereof of the value of the real       954          

property or interest in real property located within the           955          

boundaries of the county granted, assigned, transferred, or        956          

otherwise conveyed by such deed.  Such tax shall be levied         957          

pursuant to a resolution adopted by the board of county            958          

commissioners of such county and shall be levied at a uniform      959          

rate upon all deeds as defined in division (B)(D) of section       961          

322.01 of the Revised Code.  Prior to the adoption of any such     962          

resolution, the board of county commissioners shall conduct two    963          

public hearings thereon, the second hearing to be not less than    964          

three nor more than ten days after the first.  Notice of the       965          

date, time, and place of such hearings shall be given by           966          

publication in a newspaper of general circulation in the county    967          

once a week on the same day of the week for two consecutive        968          

weeks, the second publication being not less than ten nor more     969          

than thirty days prior to the first hearing.  Such tax shall be    970          

levied upon the grantor named in the deed and shall be paid by     971          

the grantor for the use of the county to the county auditor at     972          

the time of the delivery of the deed as provided in section        973          

319.202 of the Revised Code and prior to the presentation of the   974          

deed to the recorder of the county for recording.                  975          

      (B)  No resolution levying a real property transfer tax      977          

                                                          23     


                                                                 
pursuant to this section of the Revised Code OR A MANUFACTURED     980          

HOME TRANSFER TAX PURSUANT TO SECTION 322.06 OF THE REVISED CODE                

shall be effective sooner than thirty days following its adoption  982          

and such resolution is subject to a referendum as provided in      983          

sections 305.31 to 305.41 of the Revised Code, unless such         984          

resolution is adopted as an emergency measure necessary for the    985          

immediate preservation of the public peace, health, or safety, in  986          

which case it shall go into immediate effect.  Such emergency      987          

measure must receive an affirmative vote of all of the members of  988          

the board of commissioners, and shall state the reasons for such   989          

necessity.  A resolution may direct the board of elections to      990          

submit the question of levying the tax to the electors of the      991          

county at the next primary or general election in the county       992          

occurring not less than seventy-five days after such resolution    993          

is certified to the board.  No such resolution shall go into       994          

effect unless approved by a majority of those voting upon it.      995          

      No real property transfer tax levied pursuant to this        997          

section shall be applicable with respect to the conveyance of      998          

real property unless such conveyance takes place on or after       999          

January 1, 1968.                                                   1,000        

      Sec. 322.021.  The question of a repeal of a county          1,009        

permissive tax adopted as an emergency measure pursuant to         1,010        

DIVISION (B) OF section 322.02 of the Revised Code may be          1,011        

initiated by filing with the board of elections of the county not  1,013        

less than seventy-five days before the general election in any     1,014        

year a petition requesting that an election be held on such        1,015        

question. Such petition shall be signed by qualified electors      1,016        

residing in the county equal in number to ten per cent of those    1,017        

voting for governor at the most recent gubernatorial election.     1,018        

      After determination by it that such petition is valid, the   1,020        

board of elections shall submit the question to the electors of    1,021        

the county at the next general election.  The election shall be    1,022        

conducted, canvassed, and certified in the same manner as regular  1,023        

elections for county offices in the county.  Notice of the         1,024        

                                                          24     


                                                                 
election shall be published in a newspaper of general circulation  1,025        

in the district once a week for four consecutive weeks prior to    1,026        

the election, stating the purpose, time, and place of the          1,027        

election.  The form of the ballot cast at such election shall be   1,028        

prescribed by the secretary of state.  The question covered by     1,029        

such petition shall be submitted as a separate proposition, but    1,030        

it may be printed on the same ballot with any other proposition    1,031        

submitted at the same election other than the election of          1,032        

officers.  If a majority of the qualified electors voting on the   1,033        

question of repeal approve the repeal, the result of the election  1,034        

shall be certified immediately after the canvass by the board of   1,035        

elections to the county commissioners, who shall thereupon, after  1,036        

the current year, cease to levy the tax.                           1,037        

      Sec. 322.03.  The funds collected by a county levying a      1,046        

real property transfer tax OR A MANUFACTURED HOME TRANSFER TAX     1,047        

pursuant to sections 322.01 to 322.05, inclusive, 322.06 of the    1,048        

Revised Code shall be allocated and disbursed as follows:          1,049        

      (A)  First, for payment of the costs incurred by the county  1,051        

in the administration and enforcement of the tax;                  1,052        

      (B)  The balance remaining after payment of the expenses     1,054        

referred to in division (A) of this section shall be deposited in  1,055        

the county general fund to be expended for any purpose for which   1,056        

general fund moneys of the county may be used, including the       1,057        

acquisition or construction of permanent improvements, or in the   1,058        

bond retirement fund for the payment of debt service charges on                 

notes or bonds of the county issued for the acquisition or         1,059        

construction of permanent improvements.  The amounts to be         1,060        

deposited in each of such funds shall be determined by the board   1,061        

of county commissioners.                                                        

      Sec. 322.05.  The levy of any excise, income, property, or   1,070        

real property, OR MANUFACTURED HOME transfer tax or fee by the     1,071        

state or by any political subdivision thereof shall not be         1,073        

construed as preempting the power of a county to levy a real                    

property OR MANUFACTURED HOME transfer tax pursuant to sections    1,074        

                                                          25     


                                                                 
322.01 to 322.05, inclusive, 322.06 of the Revised Code.           1,076        

      Sec. 322.06.  (A)  FOR THE PURPOSE OF PAYING THE COSTS OF    1,079        

ENFORCING AND ADMINISTERING THE TAX AND PROVIDING ADDITIONAL       1,080        

GENERAL REVENUE FOR THE COUNTY, ANY COUNTY MAY LEVY AND COLLECT A  1,081        

TAX TO BE KNOWN AS THE MANUFACTURED HOME TRANSFER TAX ON EACH      1,082        

CERTIFICATE OF TITLE THAT CONVEYS, BY RESALE ON OR AFTER JANUARY   1,083        

1, 2000, A USED MANUFACTURED HOME OR USED MOBILE HOME, AS DEFINED  1,084        

IN DIVISION (A)(6) OF SECTION 5739.0210 OF THE REVISED CODE,       1,085        

LOCATED WHOLLY OR PARTIALLY WITHIN THE BOUNDARIES OF THE COUNTY.   1,087        

      (B)  THE TAX SHALL BE ASSESSED AT A RATE EQUAL TO THE REAL   1,090        

PROPERTY TRANSFER TAX RATE OF THE COUNTY AS ADOPTED AND LEVIED BY  1,091        

THE COUNTY PURSUANT TO SECTION 322.02 OF THE REVISED CODE.         1,093        

      (C)  THE MANUFACTURED HOME TRANSFER TAX SHALL BE LEVIED AT   1,096        

A UNIFORM RATE PURSUANT TO A RESOLUTION ADOPTED BY THE BOARD OF    1,097        

COUNTY COMMISSIONERS OF THE COUNTY IN THE MANNER PRESCRIBED BY     1,098        

DIVISION (A) OF SECTION 322.02 OF THE REVISED CODE.                1,100        

      (D)  THE TAX SHALL BE LEVIED UPON THE GRANTOR NAMED ON THE   1,103        

CERTIFICATE OF TITLE AND PAID TO THE AUDITOR OF THE COUNTY IN      1,104        

WHICH THE HOME IS LOCATED AT THE TIME OF THE DELIVERY OF THE       1,105        

CERTIFICATE OF TITLE AND SHALL BE FOR THE USE OF THE COUNTY.       1,106        

      Sec. 322.99.  Whoever violates section 322.02 OR 322.06 of   1,115        

the Revised Code shall be fined not less than one hundred nor      1,117        

more than one thousand dollars, or imprisoned not more than six    1,118        

months, or both.                                                                

      Sec. 323.151.  As used in sections 323.151 to 323.157 of     1,128        

the Revised Code:                                                  1,129        

      (A)  "Homestead" means a dwelling or, INCLUDING a unit in a  1,132        

multiple-unit dwelling or condominium AND A MANUFACTURED HOME OR                

MOBILE HOME TAXED AS REAL PROPERTY PURSUANT TO DIVISION (B) OF     1,133        

SECTION 4503.06 OF THE REVISED CODE, owned and occupied as a home  1,136        

by an individual whose domicile is in this state and who has not   1,137        

acquired ownership from a person, other than his THE INDIVIDUAL'S  1,138        

spouse, related by consanguinity or affinity for the purpose of    1,139        

qualifying for the real property tax reduction provided in         1,140        

                                                          26     


                                                                 
section 323.152 of the Revised Code.  The homestead shall include  1,141        

so much of the land surrounding it, not exceeding one acre, as is  1,142        

reasonably necessary for the use of the dwelling or unit as a      1,143        

home.  An owner includes a holder of one of the several estates    1,145        

in fee, a vendee in possession under a purchase agreement or a     1,147        

land contract, a mortgagor, a life tenant, one or more tenants     1,148        

with a right of survivorship, tenants in common, and a settlor of  1,149        

a revocable inter vivos trust holding the title to a homestead     1,150        

occupied by the settlor as of right under the trust.  The tax      1,151        

commissioner shall adopt rules for the uniform classification and  1,152        

valuation of real property or portions of real property as         1,153        

homesteads.                                                        1,154        

      (B)  "Sixty-five years of age or older" means a person who   1,156        

has attained age sixty-four prior to the first day of January of   1,157        

the year of application for reduction in real estate taxes.        1,158        

      (C)  "Total income" means the adjusted gross income of the   1,160        

owner and his THE OWNER'S spouse for the year preceding the year   1,161        

in which application for a reduction in taxes is made, as          1,163        

determined under the "Internal Revenue Code of 1986," 100 Stat.    1,164        

2085, 26 U.S.C.A. 1, as amended, adjusted as follows:              1,165        

      (1)  Subtract the amount of disability benefits included in  1,167        

adjusted gross income but not to exceed fifty-two hundred          1,168        

dollars, except subtract the entire amount of disability benefits  1,169        

included in adjusted gross income that are paid by the veteran's   1,170        

VETERANS administration or a branch of the armed forces of the     1,172        

United States on account of an injury or disability;               1,173        

      (2)  Add old age and survivors benefits received pursuant    1,175        

to the "Social Security Act" that are not included in adjusted     1,176        

gross income;                                                      1,177        

      (3)  Add retirement, pension, annuity, or other retirement   1,179        

payments or benefits not included in adjusted gross income;        1,180        

      (4)  Add tier I and tier II railroad retirement benefits     1,182        

received pursuant to the "Railroad Retirement Act," 50 Stat. 307,  1,183        

45 U.S.C.A. 228;                                                   1,184        

                                                          27     


                                                                 
      (5)  Add interest on federal, state, and local government    1,186        

obligations.                                                       1,187        

      (D)  "Old age and survivors benefits received pursuant to    1,189        

the 'Social Security Act'" or "tier I railroad retirement          1,190        

benefits received pursuant to the 'Railroad Retirement Act'"       1,191        

means:                                                             1,192        

      (1)  For those persons receiving the homestead exemption     1,194        

for the first time for tax years 1976 and earlier, old age         1,195        

benefits payable under the social security or railroad retirement  1,196        

laws in effect on December 31, 1975, except in those cases where   1,197        

a change in social security or railroad retirement benefits would  1,198        

result in a reduction in income.                                   1,199        

      (2)  For those persons receiving the homestead exemption     1,201        

for the first time for tax years 1977 and thereafter, old age      1,202        

benefits payable under the social security or railroad retirement  1,203        

laws in effect on the last day of the calendar year prior to the   1,204        

year for which the homestead exemption is first received, or, if   1,205        

no such benefits are payable that year, old age benefits payable   1,206        

the first succeeding year in which old age benefits under the      1,207        

social security or railroad retirement laws are payable, except    1,208        

in those cases where a change in social security or railroad       1,209        

retirement benefits results in a reduction in income.              1,210        

      (3)  The lesser of:                                          1,212        

      (a)  Survivors benefits payable under the social security    1,214        

or railroad retirement laws in effect on the last day of the       1,215        

calendar year prior to the year for which the homestead exemption  1,216        

is first received, or, if no such benefits are payable that year,  1,217        

survivors benefits payable the first succeeding year in which      1,218        

survivors benefits are payable; or                                 1,219        

      (b)  Old age benefits of the deceased spouse, as determined  1,221        

under division (D)(1) or (2) of this section, upon which the       1,222        

surviving spouse's survivors benefits are based under the social   1,223        

security or railroad retirement laws, except in those cases where  1,224        

a change in benefits would cause a reduction in income.            1,225        

                                                          28     


                                                                 
      Survivors benefits are those described in division           1,227        

(D)(3)(b) of this section only if the deceased spouse received     1,228        

old age benefits in the year in which the deceased died.  If the   1,229        

deceased spouse did not receive old age benefits in the year in    1,230        

which the deceased spouse died, then survivors benefits are those  1,231        

described in division (D)(3)(a) of this section.                   1,232        

      (E)  "Permanently and totally disabled" means a person who   1,234        

has, on the first day of January of the year of application for    1,235        

reduction in real estate taxes, some impairment in body or mind    1,236        

that makes him THE PERSON unfit to work at any substantially       1,237        

remunerative employment which he THE PERSON is reasonably able to  1,239        

perform and which will, with reasonable probability, continue for  1,241        

an indefinite period of at least twelve months without any         1,242        

present indication of recovery therefrom or has been certified as  1,243        

permanently and totally disabled by a state or federal agency      1,244        

having the function of so classifying persons.                     1,245        

      Sec. 323.152.  In addition to the reduction in taxes         1,254        

required under section 319.302 of the Revised Code, taxes shall    1,255        

be reduced as follows:                                             1,256        

      (A)  This division applies to any of the following:          1,258        

      (1)  A person who is permanently and totally disabled;       1,260        

      (2)  A person who is sixty-five years of age or older;       1,262        

      (3)  A person who is the surviving spouse of a deceased      1,264        

person who was permanently and totally disabled or sixty-five      1,265        

years of age or older and who applied and qualified for a          1,266        

reduction in taxes under this division in the year in which he     1,267        

died OF DEATH, provided the surviving spouse is at least           1,268        

fifty-nine but not sixty-five or more years of age on the date     1,270        

the deceased spouse dies.                                          1,271        

      Real property taxes on a homestead owned and occupied by a   1,273        

person to whom this division applies shall be further reduced for  1,274        

each year for which the owner obtains a certificate of reduction   1,275        

from the county auditor under section 323.154 of the Revised       1,276        

Code.  The reduction shall equal the amount obtained by            1,277        

                                                          29     


                                                                 
multiplying the tax rate for the tax year for which the            1,278        

certificate is issued by the reduction in taxable value shown in   1,279        

the following schedule:                                            1,280        

                                      Reduce Taxable Value         1,282        

       Total Income                    by the Lesser of:           1,284        

$10,800 or less                 $5,000 or seventy-five per cent    1,287        

More than $10,800 but not       $3,000 or sixty per cent           1,289        

   more than $15,800                                                            

More than $15,800 but not       $1,000 or twenty-five per cent     1,291        

   more than $20,800                                                            

More than $20,800                                                  1,293        

                                              -0-                               

      (B)  Real property taxes on any homestead, AND MANUFACTURED  1,295        

HOME TAXES ON ANY MANUFACTURED OR MOBILE HOME ON WHICH A           1,296        

MANUFACTURED HOME TAX IS ASSESSED PURSUANT TO DIVISION (D)(2) OF   1,297        

SECTION 4503.06 OF THE REVISED CODE, shall be reduced for each     1,298        

year for which the owner obtains a certificate of reduction from   1,300        

the county auditor under section 323.154 of the Revised Code.      1,301        

The amount of the reduction shall equal one-fourth of the amount   1,302        

by which the taxes charged and payable on the homestead OR THE     1,303        

MANUFACTURED OR MOBILE HOME are reduced for such year under        1,304        

section 319.302 of the Revised Code.                               1,305        

      The reductions granted by this section do not apply to       1,307        

special assessments or respread of assessments levied against the  1,308        

homestead, and if there is a transfer of ownership subsequent to   1,309        

the filing of an application for a reduction in taxes, such        1,310        

reductions are not forfeited for such year by virtue of such       1,311        

transfer.                                                          1,312        

      The reductions in taxable value referred to in this section  1,314        

shall be applied solely as a factor for the purpose of computing   1,315        

the reduction of taxes under this section and shall not affect     1,316        

the total value of property in any subdivision or taxing district  1,317        

as listed and assessed for taxation on the tax lists and           1,318        

duplicates, or any direct or indirect limitations on indebtedness  1,319        

                                                          30     


                                                                 
of a subdivision or taxing district.  If after application of      1,320        

sections 5705.31 and 5705.32 of the Revised Code, including the    1,321        

allocation of all levies within the ten-mill limitation to debt    1,322        

charges to the extent therein provided, there would be             1,323        

insufficient funds for payment of debt charges not provided for    1,324        

by levies in excess of the ten-mill limitation, the reduction of   1,325        

taxes provided for in sections 323.151 to 323.157 of the Revised   1,326        

Code, shall be proportionately adjusted to the extent necessary    1,327        

to provide such funds from levies within the ten-mill limitation.  1,328        

      No reduction shall be made on the taxes due on the           1,330        

homestead of any person convicted of violating division (C) or     1,331        

(D) of section 323.153 of the Revised Code for a period of three   1,332        

years following the conviction.                                    1,333        

      Sec. 323.153.  (A)  To obtain a reduction in real property   1,344        

taxes under division (A) or (B) of section 323.152 of the Revised  1,345        

Code OR IN MANUFACTURED HOME TAXES UNDER DIVISION (B) OF SECTION   1,346        

323.152 OF THE REVISED CODE, the owner shall file an application   1,347        

with the county auditor of the county in which his THE OWNER'S     1,348        

homestead is located.                                                           

      (1)  An application for reduction based upon a physical      1,350        

disability shall be accompanied by a certificate signed by a       1,351        

physician, and an application for reduction based upon a mental    1,352        

disability shall be accompanied by a certificate signed by a       1,353        

physician or psychologist licensed to practice in this state,      1,354        

attesting to the fact that the applicant is permanently and        1,355        

totally disabled.  The certificate shall be in a form that the     1,356        

tax commissioner requires and shall include the definition of      1,357        

permanently and totally disabled as set forth in section 323.151   1,358        

of the Revised Code.  An application for reduction based upon a    1,359        

disability certified as permanent and total by a state or federal  1,360        

agency having the function of so classifying persons shall be      1,361        

accompanied by a certificate from that agency.  Such an            1,362        

application constitutes a continuing application for a reduction   1,363        

in taxes for each year in which the dwelling is the applicant's    1,364        

                                                          31     


                                                                 
homestead and the amount of the reduction in taxable value to      1,365        

which he THE APPLICANT is entitled does not exceed either the      1,366        

amount or percentage of the reduction to which he THE APPLICANT    1,368        

was entitled for the year in which the application was first       1,370        

filed.                                                                          

      (2)  An application for a reduction in taxes under division  1,372        

(B) of section 323.152 of the Revised Code shall be filed only if  1,373        

the homestead OR MANUFACTURED OR MOBILE HOME was transferred in    1,374        

the preceding year or did not qualify for and receive the          1,376        

reduction in taxes under that division for the preceding tax       1,377        

year.  Such an application constitutes a continuing application    1,378        

for a reduction in taxes for each year in which the dwelling is    1,379        

the applicant's homestead.                                                      

      (3)  Failure to receive a new application filed under        1,381        

division (A)(1) or (2) or notification under division (C) of this  1,382        

section after a certificate of reduction has been issued under     1,383        

section 323.154 of the Revised Code is prima-facie evidence that   1,384        

the original applicant is entitled to the reduction in taxes       1,385        

calculated on the basis of the information contained in his THE    1,387        

original application.  The original application and any                         

subsequent application, including any late application, shall be   1,388        

in the form of a signed statement and shall be filed after the     1,389        

first Monday in January and not later than the first Monday in     1,390        

June.  THE ORIGINAL APPLICATION AND ANY SUBSEQUENT APPLICATION     1,391        

FOR A REDUCTION IN REAL PROPERTY TAXES SHALL BE FILED IN THE YEAR  1,393        

FOR WHICH THE REDUCTION IS SOUGHT.  THE ORIGINAL APPLICATION AND   1,394        

ANY SUBSEQUENT APPLICATION FOR A REDUCTION IN MANUFACTURED HOME    1,395        

TAXES SHALL BE FILED IN THE YEAR PRECEDING THE YEAR FOR WHICH THE  1,396        

REDUCTION IS SOUGHT.  The statement shall be on a form, devised    1,397        

and supplied by the tax commissioner, which shall require no more  1,398        

information than is necessary to establish the applicant's         1,399        

eligibility for the reduction in taxes and the amount of the       1,400        

reduction and shall include an affirmation by the applicant that   1,401        

ownership of the homestead was not acquired from a person, other   1,402        

                                                          32     


                                                                 
than his THE APPLICANT'S spouse, related to the owner by           1,404        

consanguinity or affinity for the purpose of qualifying for the    1,405        

real property OR MANUFACTURED HOME tax reduction provided for in   1,406        

division (A) or (B) of section 323.152 of the Revised Code.  The   1,407        

form shall contain a statement that conviction of willfully        1,408        

falsifying information to obtain a reduction in taxes or failing   1,409        

to comply with division (C) of this section results in the         1,410        

revocation of the right to the reduction for a period of three     1,411        

years.  In the case of an application for a reduction in taxes     1,412        

under division (A) of section 323.152 of the Revised Code, the     1,413        

form shall contain a statement that signing the application        1,414        

constitutes a delegation of authority by the applicant to the      1,415        

county auditor to examine any financial records relating to        1,416        

income earned by the applicant as stated on the application for    1,417        

the purpose of determining possible violation of division (D) or   1,418        

(E) of this section.                                               1,419        

      (B)  A late application for a tax reduction for the year     1,421        

preceding the year in which an original application is filed, OR   1,422        

FOR A REDUCTION IN MANUFACTURED HOME TAXES FOR THE YEAR IN WHICH   1,423        

AN ORIGINAL APPLICATION IS FILED, may be filed with the original   1,424        

application.  If the auditor determines the information contained  1,426        

in the late application is correct, he THE AUDITOR shall           1,427        

determine the amount of the reduction in taxes to which the        1,428        

applicant would have been entitled for the preceding tax year had  1,429        

his THE APPLICANT'S application been timely filed and approved in  1,431        

that year.                                                                      

      The amount of such reduction shall be treated by the         1,433        

auditor as an overpayment of taxes by the applicant and shall be   1,434        

refunded in the manner prescribed in section 5715.22 of the        1,435        

Revised Code for making refunds of overpayments.  On the first     1,436        

day of July of each year, the county auditor shall certify the     1,437        

total amount of the reductions in taxes made in the current year   1,438        

under this division to the tax commissioner, who shall treat the   1,439        

full amount thereof as a reduction in taxes for the preceding tax  1,440        

                                                          33     


                                                                 
year and shall make reimbursement to the county therefor in the    1,441        

manner prescribed by section 323.156 of the Revised Code, from     1,442        

money appropriated for that purpose.                               1,443        

      (C)  If, in any year after an application has been filed     1,445        

under division (A) of this section, the owner does not qualify     1,446        

for a reduction in taxes on the homestead OR ON THE MANUFACTURED   1,447        

OR MOBILE HOME set forth on such application, or qualifies for a   1,449        

reduction in taxes that is to be based upon a reduction in         1,450        

taxable value less than either the percentage or amount of the     1,451        

reduction in taxable value to which he THE OWNER was entitled in   1,452        

the year the application was filed, the owner shall notify the     1,453        

county auditor that he THE OWNER is not qualified for a reduction  1,454        

in taxes or file a new application under division (A) of this      1,455        

section.                                                                        

      Each year during January, the county auditor shall furnish   1,457        

by ordinary mail a continuing application to each person issued a  1,458        

certificate of reduction under section 323.154 of the Revised      1,459        

Code with respect to a reduction in taxes under division (A) of    1,460        

section 323.152 of the Revised Code.  The continuing application   1,461        

shall be used to report changes in total income that would have    1,462        

the effect of increasing or decreasing the reduction in taxable    1,463        

value to which the owner is entitled, changes in ownership of the  1,464        

homestead, including changes in or revocation of a revocable       1,465        

inter vivos trust, changes in disability, and other changes in     1,466        

the information earlier furnished the auditor relative to his THE  1,468        

reduction in taxes on the property.  The continuing application                 

shall be returned to the auditor not later than the first Monday   1,469        

in June; provided, that if such changes do not affect the status   1,470        

of the homestead exemption or the amount of the reduction to       1,471        

which the owner is entitled under division (A) of section 323.152  1,472        

of the Revised Code, the application does not need to be           1,473        

returned.                                                          1,474        

      Each year during February, the county auditor shall furnish  1,476        

by ordinary mail an original application to the owner, as of the   1,477        

                                                          34     


                                                                 
first day of January of that year, of a homestead OR A             1,478        

MANUFACTURED OR MOBILE HOME that transferred during the preceding  1,479        

calendar year and that qualified for and received a reduction in   1,481        

taxes under division (B) of section 323.152 of the Revised Code    1,482        

for the preceding tax year. In order to receive the reduction      1,483        

under that division, the owner shall file the application with     1,484        

the county auditor not later than the first Monday in June.  If    1,485        

the application is not timely filed, the auditor shall not grant   1,486        

a reduction in taxes for the homestead for the current year, and   1,487        

shall notify the owner that the reduction in taxes has not been    1,488        

granted, in the same manner prescribed under section 323.154 of    1,489        

the Revised Code for notification of denial of an application.     1,490        

Failure of an owner to receive an application under this           1,491        

paragraph does not excuse the failure of the owner to file an      1,492        

original application.                                                           

      (D)  No person shall knowingly make a false statement for    1,494        

the purpose of obtaining a reduction in his THE PERSON'S real      1,495        

property OR MANUFACTURED HOME taxes under section 323.152 of the   1,497        

Revised Code.                                                                   

      (E)  No person shall knowingly fail to notify the county     1,499        

auditor of changes required by division (C) of this section which  1,500        

have the effect of maintaining or securing a reduction in taxable  1,501        

value of homestead property or a reduction in taxes in excess of   1,502        

the reduction allowed under section 323.152 of the Revised Code.   1,503        

      (F)  No person shall knowingly make a false statement or     1,505        

certification attesting to any person's physical or mental         1,506        

condition for purposes of qualifying such person for tax relief    1,507        

pursuant to sections 323.151 to 323.157 of the Revised Code.       1,508        

      Sec. 323.154.  On or before the day the COUNTY auditor has   1,518        

completed the duties imposed by sections 319.30 to 319.302 of the  1,519        

Revised Code, he THE AUDITOR shall issue a certificate of          1,521        

reduction in taxes in triplicate for each person who has complied               

with section 323.153 of the Revised Code and whose homestead OR    1,522        

MANUFACTURED OR MOBILE HOME the auditor finds is entitled to a     1,524        

                                                          35     


                                                                 
reduction in real property OR MANUFACTURED HOME taxes for that     1,525        

year under section 323.152 of the Revised Code.  In the case of a  1,526        

homestead entitled to a reduction under division (A) of that       1,527        

section, the certificate shall state the taxable value of the      1,528        

homestead on the first day of January of that year, the amount of  1,529        

the reduction in taxable value and the total reduction in taxes    1,530        

for that year under that section, the tax rate that is applicable  1,531        

against such homestead for that year, and any other information    1,532        

the tax commissioner requires.  In the case of a homestead OR A    1,533        

MANUFACTURED OR MOBILE HOME entitled to a reduction under          1,534        

division (B) of that section, the certificate shall state the      1,536        

total amount of the reduction in taxes for that year under that    1,537        

section and any other information the tax commissioner requires.   1,538        

The certificate for reduction in taxes shall be on a form          1,539        

approved by the commissioner.  Upon issuance of such a             1,540        

certificate, the county auditor shall forward one copy and the     1,541        

original to the county treasurer and retain one copy.  The county  1,542        

auditor shall also record the amount of reduction in taxes in the  1,543        

appropriate column on the general tax list and duplicate of real   1,544        

and public utility property AND ON THE MANUFACTURED HOME TAX       1,545        

LIST.                                                                           

      If an application, late application, or continuing           1,547        

application is not approved, or if the county auditor otherwise    1,548        

determines that a homestead OR A MANUFACTURED OR MOBILE HOME does  1,549        

not qualify for a reduction in taxes under division (A) or (B) of  1,551        

section 323.152 of the Revised Code, the auditor shall notify the  1,552        

applicant of the reasons for denial not later than the first       1,553        

Monday in October.  If a person AN APPLICANT believes that his     1,554        

THE application for reduction has been improperly denied or that   1,556        

the reduction is for less than that to which he THE APPLICANT is   1,557        

entitled, he THE APPLICANT may file an appeal with the county      1,558        

board of revision not later than the date of closing of the        1,559        

collection for the first half of real and public utility property  1,560        

taxes OR MANUFACTURED HOME TAXES.  The appeal shall be treated in  1,562        

                                                          36     


                                                                 
the same manner as a complaint relating to the valuation or        1,563        

assessment of real property under Chapter 5715. of the Revised     1,564        

Code.                                                                           

      Sec. 323.155.  The county treasurer shall retain the         1,573        

original certificate of reduction in taxes and forward the copy    1,574        

to the person to whom the certificate is issued along with the     1,575        

tax bill submitted pursuant to section 323.13 of the Revised Code  1,576        

OR THE ADVANCE PAYMENT CERTIFICATE SUBMITTED PURSUANT TO SECTION   1,577        

4503.061 OF THE REVISED CODE.  Such tax bill shall indicate the                 

net amount of taxes due following the reductions in taxes under    1,579        

sections 319.301, 319.302, and 323.152 of the Revised Code.        1,580        

      Any reduction in taxes under this section shall be           1,582        

disregarded as income or resources in determining eligibility for  1,583        

any program or calculating any payment under Title LI of the       1,584        

Revised Code.                                                                   

      Sec. 323.156.  Within thirty days after a settlement of      1,593        

taxes under divisions (A) and (C) of section 321.24 of the         1,594        

Revised Code, the county treasurer shall certify to the tax        1,595        

commissioner one-half of the total amount of taxes ON REAL         1,596        

PROPERTY that were reduced pursuant to section 323.152 of the      1,597        

Revised Code for the preceding tax year, AND ONE-HALF OF THE       1,598        

TOTAL AMOUNT OF TAXES ON MANUFACTURED AND MOBILE HOMES THAT WERE   1,600        

REDUCED PURSUANT TO DIVISION (B) OF SECTION 323.152 OF THE         1,602        

REVISED CODE FOR THE CURRENT TAX YEAR, as evidenced by the         1,604        

certificates of reduction and the tax duplicate certified to him   1,605        

THE COUNTY TREASURER by the county auditor.  The commissioner,     1,606        

within thirty days of the receipt of such certification, shall     1,608        

provide for payment to the county treasurer, from the general      1,609        

revenue fund, of the amount certified, which shall be credited     1,610        

upon receipt to the county's undivided income tax fund, and an     1,611        

amount equal to two per cent of the amount by which taxes were     1,612        

reduced, which shall be credited upon receipt to the county        1,613        

general fund as a payment, in addition to the fees and charges     1,614        

authorized by sections 319.54 and 321.26 of the Revised Code, to   1,615        

                                                          37     


                                                                 
the county auditor and treasurer for the costs of administering    1,616        

the exemption provided under sections 323.151 to 323.157 of the    1,617        

Revised Code.                                                                   

      Immediately upon receipt of funds into the county undivided  1,619        

income tax fund under this section, the auditor shall distribute   1,620        

the full amount thereof among the taxing districts in the county   1,621        

as though the total had been paid as taxes by each person for      1,622        

whom taxes were reduced under sections 323.151 to 323.157 of the   1,623        

Revised Code.                                                      1,624        

      Sec. 323.31.  (A)  Delinquent taxes charged against any      1,633        

entry of real property, OR CHARGED AGAINST A MANUFACTURED OR       1,634        

MOBILE HOME PURSUANT TO DIVISION (C) OF SECTION 4503.06 OF THE     1,635        

REVISED CODE, may be paid pursuant to this division by the person  1,637        

who owns the real property OR MANUFACTURED OR MOBILE HOME or is a  1,638        

vendee in possession under a purchase agreement or land contract   1,639        

after entering into a written undertaking with the county          1,640        

treasurer in a form prescribed or approved by the tax              1,641        

commissioner.  The undertaking may be entered into at any time     1,642        

prior to the commencement of foreclosure proceedings by the        1,643        

county treasurer and the county prosecuting attorney pursuant to   1,645        

section 323.25 of the Revised Code or by the county prosecuting                 

attorney pursuant to section 5721.18 of the Revised Code, the      1,646        

commencement of foreclosure proceedings by a private attorney      1,647        

pursuant to section 5721.37 of the Revised Code, or the            1,648        

commencement of foreclosure and forfeiture proceedings pursuant    1,649        

to section 5721.14 of the Revised Code.  A duplicate copy of each  1,650        

such undertaking shall be filed with the county auditor, who       1,651        

shall attach the copy to the delinquent land tax certificate or,   1,653        

delinquent vacant land tax certificate, OR THE DELINQUENT          1,654        

MANUFACTURED HOME TAX LIST, or who shall enter an asterisk in the  1,656        

margin next to the entry for the tract or lot on the master list   1,657        

of delinquent tracts or, master list of delinquent vacant tracts,  1,659        

OR NEXT TO THE ENTRY FOR THE HOME ON THE DELINQUENT MANUFACTURED   1,660        

HOME TAX LIST, prior to filing it with the prosecuting attorney    1,661        

                                                          38     


                                                                 
under section 5721.13 of the Revised Code, OR, IN THE CASE OF THE  1,662        

DELINQUENT MANUFACTURED HOME TAX LIST, PRIOR TO FILING IT WITH     1,663        

THE COUNTY RECORDER UNDER DIVISION (H)(2) OF SECTION 4503.06 OF    1,665        

THE REVISED CODE.  If the undertaking is entered into after the    1,666        

certificate or the master list has been filed with the             1,667        

prosecuting attorney, the treasurer shall file the duplicate copy  1,668        

with the prosecuting attorney.  A duplicate copy of each such      1,669        

undertaking shall be mailed by first class mail to each            1,670        

certificate holder, as defined in section 5721.30 of the Revised                

Code, whose certificate parcel, as defined in section 5721.30 of   1,672        

the Revised Code, is the subject of the undertaking.               1,674        

      An undertaking entered into under this division shall        1,676        

provide for the payment of delinquent taxes in installments over   1,677        

a period not to exceed five years beginning on the earliest date   1,678        

delinquent taxes that are the subject of the undertaking were      1,679        

included in a certification under section 5721.011 OR UNDER        1,680        

DIVISION (H)(2) OF SECTION 4503.06 of the Revised Code; however,   1,682        

a person entering into an undertaking who owns and occupies        1,683        

residential real property may request, and the treasurer shall     1,686        

allow, an undertaking providing for payment in installments over   1,688        

a period of no fewer than two years beginning on that date.        1,689        

      For each undertaking, the county treasurer shall determine   1,692        

and shall specify in the undertaking the number of installments,   1,693        

the amount of each installment, and the schedule for payment of    1,694        

the installments.  Each installment payment shall be apportioned   1,695        

among the several funds for which taxes have been assessed and     1,696        

shall be applied to the items of taxes charged in the order in     1,697        

which they became due.                                             1,698        

      When an installment payment is not received by the           1,700        

treasurer when due or any current taxes charged against the        1,701        

property become delinquent, the undertaking becomes void unless    1,702        

the treasurer permits a new undertaking to be entered into; if     1,703        

the treasurer does not permit a new undertaking to be entered      1,704        

into, the treasurer shall certify to the auditor that the          1,705        

                                                          39     


                                                                 
undertaking has become void.  A new undertaking entered into       1,706        

under this paragraph shall provide for payment of the outstanding  1,707        

balance of delinquent taxes over a period that, when added to the  1,708        

periods of any previous undertakings that had elapsed prior to     1,709        

their becoming void, does not exceed ten years.                    1,710        

      Upon receipt of such a certification, the auditor shall      1,712        

destroy the duplicate copy of the undertaking.  If such copy has   1,714        

been filed with the prosecuting attorney, the auditor immediately  1,715        

shall deliver the certification to the prosecuting attorney, who   1,716        

shall attach it to the appropriate certificate and the duplicate   1,717        

copy of the voided undertaking or strike through the asterisk      1,718        

entered in the margin of the master list next to the entry for     1,719        

the tract or lot that is the subject of the voided undertaking.    1,720        

The prosecuting attorney then shall institute a proceeding to      1,721        

foreclose the lien of the state in accordance with section 323.25  1,722        

or 5721.18 of the Revised Code or, in the case of delinquent       1,723        

vacant land, shall institute a foreclosure proceeding in           1,724        

accordance with section 323.25 or 5721.18 of the Revised Code, or  1,725        

a foreclosure and forfeiture proceeding in accordance with         1,726        

section 5721.14 of the Revised Code.                               1,727        

      After a tax certificate has been sold respecting a           1,729        

delinquent parcel under section 5721.32 or 5721.33 of the Revised  1,730        

Code, a written undertaking may not be entered into under this     1,731        

section to pay the delinquent amounts.  To pay the delinquency in               

installments, the owner or other person seeking to redeem the      1,732        

parcel shall enter into a redemption payment plan under division   1,733        

(C) of section 5721.38 of the Revised Code.                        1,734        

      (B)  Within ten days after the date prescribed by section    1,736        

323.12 or 323.17 OR DIVISION (F)(1) OF SECTION 4503.06 of the      1,738        

Revised Code for payment of the first half installment of the      1,739        

current taxes, any person failing to pay the amount required by    1,740        

such date, with the consent of the treasurer, may enter into a     1,741        

written undertaking with the treasurer, in a form prescribed by    1,742        

the tax commissioner, to pay all current taxes pursuant to this    1,743        

                                                          40     


                                                                 
division.  The agreement shall provide for the entire amount of    1,744        

such taxes to be paid in three or fewer installments before the    1,745        

date set by section 323.12 or 323.17 OR DIVISION (F)(1) OF         1,746        

SECTION 4503.06 of the Revised Code for the payment of the second  1,747        

installment of such taxes.  Each payment made under this division  1,748        

shall be not less than one-third of the total amount of the        1,749        

current taxes, unless the collection of a particular tax has been  1,750        

legally enjoined, or unless at any scheduled payment date less     1,751        

than one-third of the total amount remains unpaid, in which case   1,752        

the total balance shall be paid.                                   1,753        

      If a payment is not received by the treasurer when due       1,755        

under the terms of an undertaking made under this division, the    1,756        

treasurer may permit the taxpayer to make the payment at a later   1,757        

date, provided the payment is received before the date set by      1,758        

section 323.12 or 323.17 OR DIVISION (F)(1) OF SECTION 4503.06 of  1,760        

the Revised Code for the payment of the second installment of      1,761        

current taxes.  If the total taxes arranged to be paid pursuant    1,762        

to such an undertaking are not received before such date, the      1,763        

undertaking shall become void and the treasurer shall proceed to   1,764        

collect all unpaid taxes then due by any other means provided by   1,765        

law.                                                                            

      (C)  A certificate holder, as defined in section 5721.30 of  1,767        

the Revised Code, may also pay all of any delinquent taxes,        1,768        

assessments, penalties, interest, and charges on the related       1,769        

certificate parcel, as defined in section 5721.30 of the Revised   1,770        

Code, the lien against which has not been transferred by the sale  1,771        

of a tax certificate, as defined in section 5721.30 of the         1,772        

Revised Code, and the amount of the payment shall constitute a     1,774        

separate lien against the certificate parcel which THAT shall be   1,775        

evidenced by the issuance by the treasurer to the certificate      1,776        

holder of an additional tax certificate with respect to the                     

delinquent taxes, assessments, penalties, interest, and fees so    1,777        

paid on the related certificate parcel.  The amount of the         1,779        

payment as set forth in the tax certificate shall earn interest    1,780        

                                                          41     


                                                                 
at the rate of eighteen per cent per year.  If there are multiple  1,781        

certificate holders with respect to a certificate parcel, the      1,782        

certificate holder of the most recently issued tax certificate                  

has the first right to pay any current delinquent taxes, which     1,783        

right shall be exercised, if at all, within one hundred eighty     1,784        

days after such taxes become delinquent.                           1,785        

      Sec. 325.31.  (A)  On the first business day of each month,  1,794        

and at the end of the officer's term of office, each officer       1,795        

named in section 325.27 of the Revised Code shall pay into the     1,796        

county treasury, to the credit of the general county fund, on the  1,797        

warrant of the county auditor, all fees, costs, penalties,         1,798        

percentages, allowances, and perquisites collected by his THE      1,799        

OFFICER'S office during the preceding month or part thereof for    1,800        

official services, except the fees allowed the county auditor by   1,801        

division (B) of section 319.54 of the Revised Code, which shall    1,802        

be paid into the county treasury to the credit of the real estate  1,803        

assessment fund hereby created.                                    1,804        

      (B)  Moneys to the credit of the real estate assessment      1,806        

fund may be expended, upon appropriation by the board of county    1,807        

commissioners, for the purpose of defraying the cost incurred by   1,809        

the county auditor in assessing real estate pursuant to Chapter    1,810        

5713. of the Revised Code AND MANUFACTURED AND MOBILE HOMES                     

PURSUANT TO CHAPTER 4503. OF THE REVISED CODE, and, at the county  1,811        

auditor's discretion, the expenses incurred by the county board    1,813        

of revision under Chapter 5715. of the Revised Code.  Any          1,814        

expenditures made from the real estate assessment fund shall       1,815        

comply with rules that the tax commissioner adopts under division  1,816        

(O) of section 5703.05 of the Revised Code.  Those rules shall     1,817        

include a requirement that a copy of any appraisal plans,          1,818        

progress of work reports, contracts, or other documents required   1,819        

to be filed with the tax commissioner shall be filed also with     1,820        

the board of county commissioners.                                              

      The board of county commissioners shall not transfer moneys  1,822        

required to be deposited in the real estate assessment fund to     1,823        

                                                          42     


                                                                 
any other fund.  Following an assessment of real property          1,824        

pursuant to Chapter 5713. of the Revised Code, OR AN ASSESSMENT    1,825        

OF A MANUFACTURED OR MOBILE HOME PURSUANT TO CHAPTER 4503. OF THE  1,827        

REVISED CODE, any moneys not expended for the purpose of           1,828        

defraying the cost incurred in assessing real estate OR            1,829        

MANUFACTURED OR MOBILE HOMES or for the purpose of defraying the   1,830        

expenses of the county board of revision, and thereby remaining    1,831        

to the credit of the real estate assessment fund, shall be         1,832        

apportioned ratably and distributed to those taxing authorities    1,833        

that contributed to the fund.  However, no such distribution       1,834        

shall be made if the amount of such unexpended moneys remaining    1,835        

to the credit of the real estate assessment fund does not exceed   1,836        

five thousand dollars.                                                          

      (C)  None of the officers named in section 325.27 of the     1,838        

Revised Code shall collect any fees from the county.  Each of      1,839        

such officers shall, at the end of each calendar year, make and    1,840        

file a sworn statement with the board of county commissioners of   1,841        

all such fees, costs, penalties, percentages, allowances, and      1,842        

perquisites which have been due in the officer's office and        1,843        

unpaid for more than one year prior to the date such statement is  1,844        

required to be made.                                               1,845        

      Sec. 519.21.  (A)  Except as otherwise provided in division  1,854        

(B) of this section, sections 519.02 to 519.25 of the Revised      1,855        

Code confer no power on any township zoning commission, board of   1,856        

township trustees, or board of zoning appeals to prohibit the use  1,857        

of any land for agricultural purposes or the construction or use   1,858        

of buildings or structures incident to the use for agricultural    1,859        

purposes of the land on which such buildings or structures are     1,860        

located, including buildings or structures that are used           1,861        

primarily for vinting and selling wine and that are located on     1,862        

land any part of which is used for viticulture, and no zoning      1,863        

certificate shall be required for any such building or structure.  1,864        

      (B)  A township zoning resolution, or an amendment to such   1,866        

resolution, may in any platted subdivision approved under section  1,867        

                                                          43     


                                                                 
711.05, 711.09, or 711.10 of the Revised Code, or in any area      1,868        

consisting of fifteen or more lots approved under section 711.131  1,869        

of the Revised Code that are contiguous to one another, or some    1,870        

of which are contiguous to one another and adjacent to one side    1,871        

of a dedicated public road, and the balance of which are           1,872        

contiguous to one another and adjacent to the opposite side of     1,873        

the same dedicated public road regulate:                           1,874        

      (1)  Agriculture on lots of one acre or less;                1,876        

      (2)  Buildings or structures incident to the use of land     1,878        

for agricultural purposes on lots greater than one acre but not    1,879        

greater than five acres by:  set back building lines; height; and  1,880        

size;                                                              1,881        

      (3)  Dairying and animal and poultry husbandry on lots       1,883        

greater than one acre but not greater than five acres when at      1,884        

least thirty-five per cent of the lots in the subdivision are      1,885        

developed with at least one building, structure, or improvement    1,886        

that is subject to real property taxation or that is subject to    1,887        

the tax on manufactured AND MOBILE homes under section 4503.06 of  1,888        

the Revised Code.  After thirty-five per cent of the lots are so   1,889        

developed, dairying and animal and poultry husbandry shall be      1,890        

considered nonconforming use of land and buildings or structures   1,891        

pursuant to section 519.19 of the Revised Code.                    1,892        

      Division (B) of this section confers no power on any         1,894        

township zoning commission, board of township trustees, or board   1,895        

of zoning appeals to regulate agriculture, buildings or            1,896        

structures, and dairying and animal and poultry husbandry on lots  1,897        

greater than five acres.                                           1,898        

      (C)  Such sections confer no power on any township zoning    1,900        

commission, board of township trustees, or board of zoning         1,901        

appeals to prohibit in a district zoned for agricultural,          1,902        

industrial, residential, or commercial uses, the use of any land   1,903        

for a farm market where fifty per cent or more of the gross        1,904        

income received from the market is derived from produce raised on  1,905        

farms owned or operated by the market operator in a normal crop    1,906        

                                                          44     


                                                                 
year.  However, a board of township trustees, as provided in       1,907        

section 519.02 of the Revised Code, may regulate such factors      1,908        

pertaining to farm markets as size of the structure, size of       1,909        

parking areas that may be required, set back building lines, and   1,910        

egress or ingress, where such regulation is necessary to protect   1,911        

the public health and safety.                                      1,912        

      Sec. 519.212.  (A)  EXCEPT AS PROVIDED IN DIVISION (B) OF    1,915        

THIS SECTION, SECTIONS 519.01 TO 519.25 OF THE REVISED CODE DO     1,917        

NOT CONFER ON ANY TOWNSHIP ZONING COMMISSION, BOARD OF TOWNSHIP    1,918        

TRUSTEES, OR BOARD OF ZONING APPEALS THE AUTHORITY TO PROHIBIT OR  1,919        

RESTRICT THE LOCATION OF A PERMANENTLY SITED MANUFACTURED HOME,    1,920        

AS DEFINED IN DIVISION (C)(6) OF SECTION 3781.06 OF THE REVISED    1,922        

CODE, IN ANY DISTRICT OR ZONE IN WHICH A SINGLE-FAMILY HOME IS     1,923        

PERMITTED.                                                                      

      (B)  DIVISION (A) OF THIS SECTION DOES NOT LIMIT THE         1,926        

AUTHORITY OF A TOWNSHIP ZONING COMMISSION, BOARD OF TOWNSHIP       1,927        

TRUSTEES, OR BOARD OF ZONING APPEALS TO DO EITHER OF THE           1,929        

FOLLOWING:                                                                      

      (1)  REQUIRE THAT A PERMANENTLY SITED MANUFACTURED HOME      1,931        

COMPLY WITH ALL ZONING REQUIREMENTS THAT ARE UNIFORMLY IMPOSED ON  1,933        

ALL SINGLE-FAMILY RESIDENCES IN A DISTRICT OR ZONE IN WHICH THE                 

PERMANENTLY SITED MANUFACTURED HOME IS OR IS TO BE LOCATED,        1,934        

EXCEPT REQUIREMENTS THAT SPECIFY A MINIMUM ROOF PITCH AND          1,936        

REQUIREMENTS THAT DO NOT COMPLY WITH THE STANDARDS ESTABLISHED     1,937        

PURSUANT TO THE "MANUFACTURED HOUSING CONSTRUCTION AND SAFETY      1,938        

STANDARDS ACT OF 1974," 88 STAT. 700, 42 U.S.C.A. 5401;            1,940        

      (2)  PROHIBIT FROM ANY RESIDENTIAL DISTRICT OR ZONE, TRAVEL  1,942        

TRAILERS, PARK TRAILERS, AND MOBILE HOMES, AS THESE TERMS ARE      1,943        

DEFINED IN SECTION 4501.01 OF THE REVISED CODE, AND MANUFACTURED   1,944        

HOMES THAT DO NOT QUALIFY AS PERMANENTLY SITED MANUFACTURED        1,945        

HOMES.                                                                          

      (C)  THIS SECTION DOES NOT PROHIBIT A PRIVATE LANDOWNER      1,948        

FROM INCORPORATING A RESTRICTIVE COVENANT IN A DEED, PROHIBITING   1,949        

THE INCLUSION ON THE CONVEYED LAND OF MANUFACTURED HOMES, AS       1,950        

                                                          45     


                                                                 
DEFINED IN DIVISION (C)(4) OR (6) OF SECTION 3781.06 OF THE        1,952        

REVISED CODE, OR OF TRAVEL TRAILERS, PARK TRAILERS, AND MOBILE     1,954        

HOMES, AS DEFINED IN SECTION 4501.01 OF THE REVISED CODE.  THIS    1,956        

DIVISION DOES NOT CREATE A NEW CAUSE OF ACTION OR SUBSTANTIVE      1,957        

LEGAL RIGHT FOR A PRIVATE LANDOWNER TO INCORPORATE SUCH A          1,958        

RESTRICTIVE COVENANT IN A DEED.                                    1,959        

      Sec. 1151.349.  (A)  As used in this section:                1,968        

      (1)  A "net lease" is a lease under which a savings and      1,970        

loan association, directly or indirectly, will not be obligated    1,971        

to:                                                                1,972        

      (a)  Service, repair, or maintain the leased property        1,974        

during the lease term;                                             1,975        

      (b)  Purchase parts and accessories for the leased           1,977        

property; however, improvements and additions to the leased        1,978        

property may be leased to the lessee upon its request in           1,979        

accordance with the full-payout requirements of this section;      1,980        

      (c)  Furnish replacement or substitute property while the    1,982        

leased property is being serviced;                                 1,983        

      (d)  Purchase insurance for the lessee, unless he THE        1,985        

LESSEE has failed to purchase or maintain insurance required by    1,986        

contract;                                                                       

      (e)  Renew any license or registration for the property      1,988        

unless such action is necessary to protect the association's       1,989        

interest as an owner or financer of the property.                  1,990        

      (2)  A "full-payout lease" is one from which the lessor can  1,992        

reasonably expect to realize a return of its full investment in    1,993        

the leased property plus the estimated cost of financing the       1,994        

property over the term of the lease derived from:                  1,995        

      (a)  Rentals;                                                1,997        

      (b)  Estimated tax benefits; and                             1,999        

      (c)  The estimated residual value of the proerty PROPERTY    2,001        

when the initial term of the lease expires.  However, no more      2,002        

than twenty per cent of the return may be realized from the        2,003        

residual value.  Both the estimated residual value of the          2,004        

                                                          46     


                                                                 
property and that portion of the estimated residual value relied   2,005        

upon by the lessor to satisfy the requirements of a full-payout    2,006        

lease must be reasonable so that realization of the lessor's full  2,007        

investment, plus the cost of financing the property, primarily     2,008        

depends on the credit-worthiness of the lessee, and not on the     2,009        

residual market value of the leased item.  The maximum term of a   2,010        

full-payout lease shall be forty years.                            2,011        

      (B)  In addition to the provisions of Chapter 1151. of the   2,013        

Revised Code regarding lending, a savings and loan association     2,014        

may also engage in leasing activities that are the functional      2,015        

equivalent of lending, subject to the following conditions.  An    2,016        

association may:                                                   2,017        

      (1)  Become the legal or beneficial owner of tangible        2,019        

personal property or real property for the purpose of leasing      2,020        

such property; or                                                  2,021        

      (2)  Obtain an assignment of a lessor's interest in a lease  2,023        

of such property; and                                              2,024        

      (3)  Incur obligations incidental to its position as the     2,026        

owner and lessor of the leased property, provided the lease is a   2,027        

net, full-payout lease representing a noncancelable obligation of  2,028        

the lessee.  At the expiration of the lease the association shall  2,029        

liquidate, or release on a net basis, all interest in the          2,030        

property as soon as practicable.                                   2,031        

      (C)  If an association believes that there has been an       2,033        

unanticipated change in conditions which threatens its financial   2,034        

position by significantly increasing its exposure to loss,         2,035        

divisions (A) and (B) of this section do not prevent the           2,036        

association:                                                       2,037        

      (1)  As owner and lessor under a net, full-payout lease,     2,039        

from taking reasonable and appropriate action to salvage or        2,040        

protect the value of the property or its interests arising under   2,041        

the lease; or                                                      2,042        

      (2)  As assignee of a lessor's interest in a lease, from     2,044        

becoming owner and lessor of the leased property pursuant to its   2,045        

                                                          47     


                                                                 
contractual right, or from taking any reasonable and appropriate   2,046        

action to salvage or protect the value of the property or its      2,047        

interests arising under the lease; or                              2,048        

      (3)  From including any additional provisions or agreements  2,050        

in a lease, to protect its financial position or investment in     2,051        

the circumstances set forth in divisions (C)(1) and (2) of this    2,052        

section.                                                           2,053        

      (D)  A lease of tangible personal property made to a         2,055        

natural person for personal, family, or household purposes         2,056        

pursuant to this section is subject to all limitations applicable  2,057        

to the amount of an association's investment in consumer loans. A  2,059        

lease made for commercial, corporate, business, or agricultural                 

purposes pursuant to this section is subject to all limitations    2,060        

applicable to the amount of an association's investment in         2,061        

commercial loans.  A lease of residential or nonresidential real   2,062        

property made pursuant to this section is subject to all           2,063        

limitations applicable to the amount of an association's           2,064        

investment in real estate loans.                                   2,065        

      (E)  In addition to the authority set forth in division (A)  2,067        

of this section, an association may also invest up to ten per      2,068        

cent of its assets in tangible personal property including,        2,069        

without limitation, vehicles, manufactured homes, MOBILE HOMES,    2,070        

machinery, equipment, or furniture for rental.  The estimated      2,072        

residual value at the expiration of the initial term of the lease  2,073        

shall not exceed seventy per cent of the lessor's acquisition      2,074        

cost.                                                                           

      Sec. 1345.71.  As used in sections 1345.71 to 1345.77 of     2,083        

the Revised Code:                                                  2,084        

      (A)  "Consumer" means the purchaser, other than for          2,086        

purposes of resale, of a motor vehicle, any person to whom the     2,087        

motor vehicle is transferred during the duration of the express    2,088        

warranty that is applicable to the motor vehicle, and any other    2,089        

person who is entitled by the terms of the warranty to enforce     2,090        

the warranty.                                                      2,091        

                                                          48     


                                                                 
      (B)  "Manufacturer" and "distributor" have the same          2,093        

meanings as in section 4517.01 of the Revised Code, and            2,094        

manufacturer includes a remanufacturer as defined in that          2,095        

section.                                                           2,096        

      (C)  "Express warranty" and "warranty" mean the written      2,098        

warranty of the manufacturer or distributor of a new motor         2,099        

vehicle concerning the condition and fitness for use of the        2,100        

vehicle, including any terms or conditions precedent to the        2,101        

enforcement of obligations under that warranty.                    2,102        

      (D)  "Motor vehicle" means any passenger car or              2,104        

noncommercial motor vehicle as defined in section 4501.01 of the   2,105        

Revised Code, or those parts of any motor home, as defined in      2,106        

section 4501.01 of the Revised Code, that are not part of the      2,107        

permanently installed facilities for cold storage, cooking and     2,108        

consuming of food, and for sleeping, but does not mean any         2,109        

manufactured MOBILE home as defined in division (O) of section     2,110        

4501.01 of the Revised Code or, recreational vehicle as defined    2,111        

in division (Q) of that section, OR MANUFACTURED HOME AS DEFINED   2,112        

IN DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED CODE.         2,113        

      (E)  "Nonconformity" means any defect or condition which     2,115        

substantially impairs the use, value, or safety of a motor         2,116        

vehicle and does not conform to the express warranty of the        2,117        

manufacturer or distributor.                                       2,118        

      (F)  "Full purchase price" means the contract price for the  2,120        

motor vehicle, including charges for transportation,               2,121        

dealer-installed accessories, dealer services, dealer preparation  2,122        

and delivery and collateral charges; all finance, credit           2,123        

insurance, warranty and service contract charges incurred by the   2,124        

buyer; and all sales tax, license and registration fees, and       2,125        

other government charges.                                          2,126        

      Sec. 1506.01.  As used in this chapter:                      2,135        

      (A)  "Coastal area" means the waters of Lake Erie, the       2,137        

islands in the lake, and the lands under and adjacent to the       2,138        

lake, including transitional areas, wetlands, and beaches.  The    2,139        

                                                          49     


                                                                 
coastal area extends in Lake Erie to the international boundary    2,140        

line between the United States and Canada and landward only to     2,141        

the extent necessary to include shorelands, the uses of which      2,142        

have a direct and significant impact on coastal waters as          2,143        

determined by the director of natural resources.                   2,144        

      (B)  "Coastal management program" means the comprehensive    2,146        

action of the state and its political subdivisions cooperatively   2,147        

to preserve, protect, develop, restore, or enhance the resources   2,148        

of the coastal area and to ensure wise use of the land and water   2,149        

resources of the coastal area, giving attention to natural,        2,150        

cultural, historic, and aesthetic values; agricultural,            2,151        

recreational, energy, and economic needs; and the national         2,152        

interest.  "Coastal management program" includes the               2,153        

establishment of objectives, policies, standards, and criteria     2,154        

concerning, without limitation, protection of air, water,          2,155        

wildlife, rare and endangered species, wetlands and natural        2,156        

areas, and other natural resources in the coastal area;            2,157        

management of coastal development and redevelopment; preservation  2,158        

and restoration of historic, cultural, and aesthetic coastal       2,159        

features; and public access to the coastal area for recreation     2,160        

purposes.                                                          2,161        

      (C)  "Coastal management program document" means a           2,163        

comprehensive statement consisting of, without limitation, text,   2,164        

maps, and illustrations that is adopted by the director in         2,165        

accordance with this chapter, describes the objectives, policies,  2,166        

standards, and criteria of the coastal management program for      2,167        

guiding public and private uses of lands and waters in the         2,168        

coastal area, lists the governmental agencies, including, without  2,169        

limitation, state agencies, involved in implementing the coastal   2,170        

management program, describes their applicable policies and        2,171        

programs, and cites the statutes and rules under which they may    2,172        

adopt and implement those policies and programs.                   2,173        

      (D)  "Person" means any agency of this state, any political  2,175        

subdivision of this state or of the United States, and any legal   2,176        

                                                          50     


                                                                 
entity defined as a person under section 1.59 of the Revised       2,177        

Code.                                                              2,178        

      (E)  "Director" means the director of natural resources or   2,180        

the director's designee.                                           2,181        

      (F)  "Permanent structure" means any residential,            2,183        

commercial, industrial, institutional, or agricultural building,   2,184        

any manufactured MOBILE home as defined in DIVISION (O) OF         2,186        

section 4501.01 of the Revised Code, ANY MANUFACTURED HOME AS      2,187        

DEFINED IN DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED       2,188        

CODE, and any septic system that receives sewage from a            2,189        

single-family, two-family, or three-family dwelling, but does not  2,190        

include any recreational vehicle as defined in section 4501.01 of  2,191        

the Revised Code.                                                  2,192        

      (G)  "State agency" or "agency of the state" has the same    2,194        

meaning as "agency" as defined in section 111.15 of the Revised    2,195        

Code.                                                              2,196        

      (H)  "Coastal flood hazard area" means any territory within  2,198        

the coastal area that has been identified as a flood hazard area   2,199        

under the "Flood Disaster Protection Act of 1973," 87 Stat. 975,   2,200        

42 U.S.C.A. 4002, as amended.                                      2,201        

      (I)  "Coastal erosion area" means any territory included in  2,204        

Lake Erie coastal erosion areas identified by the director under   2,206        

section 1506.06 of the Revised Code.                                            

      Sec. 1521.01.  As used in sections 1521.01 to 1521.05 and    2,215        

1521.13 to 1521.18 of the Revised Code:                            2,216        

      (A)  "Consumptive use," "diversion," "Lake Erie drainage     2,218        

basin," "other great lakes states and provinces," "water           2,219        

resources," and "waters of the state" have the same meanings as    2,220        

in section 1501.30 of the Revised Code.                            2,221        

      (B)  "Well" means any excavation, regardless of design or    2,223        

method of construction, created for any of the following           2,224        

purposes:                                                          2,225        

      (1)  Removing ground water from or recharging water into an  2,227        

aquifer, excluding subsurface drainage systems installed to        2,228        

                                                          51     


                                                                 
enhance agricultural crop production or urban or suburban          2,229        

landscape management or to control seepage in dams, dikes, and     2,230        

levees;                                                            2,231        

      (2)  Determining the quantity, quality, level, or movement   2,233        

of ground water in or the stratigraphy of an aquifer, excluding    2,234        

borings for instrumentation in dams, dikes, levees, or highway     2,235        

embankments;                                                       2,236        

      (3)  Removing or exchanging heat from ground water,          2,238        

excluding horizontal trenches that are installed for water source  2,239        

heat pump systems.                                                 2,240        

      (C)  "Aquifer" means a consolidated or unconsolidated        2,242        

geologic formation or series of formations that are hydraulically  2,243        

interconnected and that have the ability to receive, store, or     2,244        

transmit water.                                                    2,245        

      (D)  "Ground water" means all water occurring in an          2,247        

aquifer.                                                           2,248        

      (E)  "Ground water stress area" means a definable            2,250        

geographic area in which ground water quantity is being affected   2,251        

by human activity or natural forces to the extent that continuous  2,252        

availability of supply is jeopardized by withdrawals.              2,253        

      (F)  "Person" has the same meaning as in section 1.59 of     2,255        

the Revised Code and also includes the United States, the state,   2,256        

any political subdivision of the state, and any department,        2,257        

division, board, commission, agency, or instrumentality of the     2,258        

United States, the state, or a political subdivision of the        2,259        

state.                                                             2,260        

      (G)  "State agency" or "agency of the state" has the same    2,262        

meaning as "agency" in section 111.15 of the Revised Code.         2,263        

      (H)  "Development" means any manmade ARTIFICIAL change to    2,265        

improved or unimproved real estate, including the construction of  2,267        

buildings and other structures, any substantial improvement of a   2,268        

structure, and mining, dredging, filling, grading, paving,         2,269        

excavating, and drilling operations.                               2,270        

      (I)  "Floodplain" means the area adjoining any river,        2,272        

                                                          52     


                                                                 
stream, watercourse, or lake that has been or may be covered by    2,273        

flood water.                                                       2,274        

      (J)  "Floodplain management" means the implementation of an  2,276        

overall program of corrective and preventive measures for          2,277        

reducing flood damage, including the collection and dissemination  2,278        

of flood information, construction of flood control works,         2,279        

nonstructural flood damage reduction techniques, and adoption of   2,280        

rules, ordinances, or resolutions governing development in         2,281        

floodplains.                                                       2,282        

      (K)  "One-hundred-year flood" means a flood having a one     2,284        

per cent chance of being equaled or exceeded in any given year.    2,285        

      (L)  "One-hundred-year floodplain" means that portion of a   2,287        

floodplain inundated by a one-hundred-year flood.                  2,288        

      (M)  "Structure" means a walled and roofed building,         2,290        

including, without limitation, gas or liquid storage tanks,        2,291        

MOBILE HOMES, and manufactured homes.                              2,293        

      (N)  "Substantial improvement" means any reconstruction,     2,295        

rehabilitation, addition, or other improvement of a structure,     2,296        

the cost of which equals or exceeds fifty per cent of the market   2,297        

value of the structure before the start of construction of the     2,298        

improvement.  "Substantial improvement" includes repairs to        2,299        

structures that have incurred substantial damage regardless of     2,300        

the actual repair work performed.  "Substantial improvement" does  2,301        

not include either of the following:                               2,302        

      (1)  Any project for the improvement of a structure to       2,304        

correct existing violations of state or local health, sanitary,    2,305        

or safety code specifications that have been identified by the     2,306        

state or local code enforcement official having jurisdiction and   2,307        

that are the minimum necessary to ensure safe living conditions;   2,308        

      (2)  Any alteration of a AN historic structure designated    2,310        

or listed pursuant to federal or state law, provided that the      2,311        

alteration will not preclude the structure's continued listing or  2,312        

designation as a AN historic structure.                            2,313        

      Sec. 1923.01.  (A)  As provided in this chapter, any judge   2,322        

                                                          53     


                                                                 
of a county or municipal court or a court of common pleas, within  2,323        

his THE JUDGE'S proper area of jurisdiction, may inquire about     2,324        

persons who make unlawful and forcible entry into lands or         2,326        

tenements and detain them, and about persons who make a lawful     2,327        

and peaceable entry into lands or tenements and hold them          2,328        

unlawfully and by force.  If, upon such inquiry, it is found that  2,329        

an unlawful and forcible entry has been made and the lands or      2,330        

tenements are detained, or that, after a lawful entry, lands or    2,331        

tenements are held unlawfully and by force, a judge shall cause    2,332        

the plaintiff in an action under this chapter to have restitution  2,333        

of the lands or tenements.                                         2,334        

      (B)  An action shall be brought under this chapter within    2,336        

two years after the cause of action accrues.                       2,337        

      (C)  As used in this chapter:                                2,339        

      (1)  "Tenant" means a person who is entitled under a rental  2,341        

agreement to the use or occupancy of premises, other than          2,342        

premises located in a manufactured home park as defined in         2,343        

section 3733.01 of the Revised Code, to the exclusion of others.   2,344        

      (2)  "Landlord" means the owner, lessor, or sublessor of     2,346        

premises, his THE agent, or any person authorized by him THE       2,348        

LANDLORD AUTHORIZES to manage premises or to receive rent from a   2,349        

tenant under a rental agreement, except, if required by the facts  2,350        

of the action to which the term is applied, "landlord" means a     2,351        

park operator.                                                                  

      (3)  "Park operator," "manufactured home," "MOBILE HOME,"    2,353        

"MANUFACTURED HOME PARK," and "resident" have the same meanings    2,355        

as in section 3733.01 of the Revised Code.                                      

      (4)  "Residential premises" has the same meaning as in       2,357        

section 5321.01 of the Revised Code, except, if required by the    2,358        

facts of the action to which the term is applied, "residential     2,359        

premises" has the same meaning as in section 3733.01 of the        2,360        

Revised Code.                                                      2,361        

      (5)  "Rental agreement" means any agreement or lease,        2,363        

written or oral, that establishes or modifies the terms,           2,364        

                                                          54     


                                                                 
conditions, rules, or any other provisions concerning the use or   2,365        

occupancy of premises by one of the parties to the agreement or    2,366        

lease, except that "rental agreement," as used in division         2,367        

(A)(11) of section 1923.02 of the Revised Code and where the       2,368        

context requires as used in this chapter, means a rental           2,369        

agreement as defined in division (D) of section 5322.01 of the     2,370        

Revised Code.                                                      2,371        

      (6)  "Controlled substance" has the same meaning as in       2,373        

section 3719.01 of the Revised Code.                               2,374        

      Sec. 3733.01.  As used in this chapter:                      2,383        

      (A)  "Manufactured home park" means any tract of land upon   2,385        

which three or more manufactured OR MOBILE homes used for          2,386        

habitation are parked, either free of charge or for revenue        2,387        

purposes, and includes any roadway, building, structure, vehicle,  2,388        

or enclosure used or intended for use as a part of the facilities  2,389        

of the park. A tract of land that is subdivided and the            2,390        

individual lots are not for rent or rented, but are for sale or    2,391        

sold for the purpose of installation of manufactured homes on the  2,392        

lots is not a manufactured home park even though three or more     2,393        

manufactured homes are parked thereon if the roadways are          2,394        

dedicated to the local government authority.  "MANUFACTURED        2,395        

      "Manufactured home park" does not include any OF THE         2,397        

FOLLOWING:                                                                      

      (1)  A tract of land used solely for the storage or display  2,400        

for sale of manufactured OR MOBILE homes or solely as a temporary  2,401        

park-camp.;                                                                     

      (2)  A TRACT OF LAND THAT IS SUBDIVIDED AND THE INDIVIDUAL   2,404        

LOTS ARE FOR SALE OR SOLD FOR THE PURPOSE OF INSTALLATION OF       2,405        

MANUFACTURED OR MOBILE HOMES USED FOR HABITATION AND THE ROADWAYS  2,406        

ARE DEDICATED TO THE LOCAL GOVERNMENT AUTHORITY;                   2,407        

      (3)  A TRACT OF LAND WITHIN AN AREA THAT IS SUBJECT TO       2,409        

LOCAL ZONING AUTHORITY AND SUBDIVISION REQUIREMENTS AND IS         2,410        

SUBDIVIDED, AND THE INDIVIDUAL LOTS ARE FOR SALE OR SOLD FOR THE   2,411        

PURPOSE OF INSTALLATION OF MANUFACTURED OR MOBILE HOMES FOR        2,412        

                                                          55     


                                                                 
HABITATION.                                                        2,413        

      (B)  "Recreational vehicle park" means any tract of land     2,415        

used for parking five or more self-contained recreational          2,416        

vehicles and includes any roadway, building, structure, vehicle,   2,417        

or enclosure used or intended for use as part of the park          2,418        

facilities and any tract of land that is subdivided for lease or   2,419        

other contract of the individual lots for the express or implied   2,420        

purpose of placing self-contained recreational vehicles for        2,421        

recreation, vacation, or business purposes.                        2,422        

      "Recreational vehicle park" does not include any tract of    2,424        

land used solely for the storage or display for sale of            2,425        

self-contained recreational vehicles or solely as a temporary      2,426        

park-camp.                                                         2,427        

      (C)  "Portable camping units" means dependent recreational   2,429        

vehicles, tents, portable sleeping equipment, and similar camping  2,430        

equipment used for travel, recreation, vacation, or business       2,431        

purposes.                                                                       

      (D)  "Manufactured home" HAS THE MEANING SET FORTH IN        2,433        

DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED CODE, AND        2,435        

"MOBILE HOME" and "recreational vehicle" have the meanings set     2,437        

forth in section 4501.01 of the Revised Code.                                   

      (E)  "Self-contained recreational vehicle" means a           2,439        

recreational vehicle that can operate independent of connections   2,440        

to sewer and water and has plumbing fixtures or appliances all of  2,441        

which are connected to sewage holding tanks located within the     2,442        

vehicle.                                                           2,443        

      (F)  "Dependent recreational vehicle" means a recreational   2,445        

vehicle other than a self-contained recreational vehicle.          2,446        

      (G)  "Recreation camp" means any tract of land upon which    2,448        

five or more portable camping units are placed and includes any    2,449        

roadway, building, structure, vehicle, or enclosure used or        2,450        

intended for use as a part of the facilities of the camp.  A       2,451        

tract of land that is subdivided for lease or other contract of    2,452        

the individual lots is a recreation camp if five or more portable  2,453        

                                                          56     


                                                                 
camping units are placed on it for recreation, vacation, or        2,454        

business purposes.                                                              

      "Recreation camp" does not include any tract of land used    2,456        

solely for the storage or display for sale of dependent            2,457        

recreational vehicles or solely as a temporary park-camp.          2,458        

      (H)  "Combined park-camp" means any tract of land upon       2,460        

which a combination of five or more self-contained recreational    2,461        

vehicles or portable camping units are placed and includes any     2,462        

roadway, building, structure, vehicle, or enclosure used or        2,463        

intended for use as part of the park facilities.  A tract of land  2,464        

that is subdivided for lease or other contract of the individual   2,466        

lots is a combined park-camp if a combination of five or more      2,467        

recreational vehicles or portable camping units are placed on it   2,468        

for recreation, vacation, or business purposes.                    2,469        

      "Combined park-camp" does not include any tract of land      2,471        

used solely as a temporary park-camp.                              2,472        

      (I)  "Licensor" means either the board of health of a city   2,474        

or general health district, or the authority having the duties of  2,475        

a board of health in any city as authorized by section 3709.05 of  2,476        

the Revised Code, or the director of health, when required under   2,477        

division (B) of section 3733.031 of the Revised Code.  "Licensor"  2,478        

also means an authorized representative of any of those entities   2,479        

or of the director.                                                2,480        

      (J)  "Tenant" means a person who is entitled under a rental  2,482        

agreement with a manufactured home park operator to occupy a       2,483        

manufactured home park lot and who does not own the manufactured   2,484        

home occupying the lot.                                            2,485        

      (K)  "Owner" means a person who is entitled under a rental   2,487        

agreement with a manufactured home park operator to occupy a       2,488        

manufactured home park lot and who owns the manufactured home      2,489        

occupying the lot.                                                 2,490        

      (L)  "Resident" means a person entitled under a rental       2,492        

agreement to the use and occupancy of residential premises to the  2,493        

exclusion of others.  It includes both tenants and owners.         2,494        

                                                          57     


                                                                 
      (M)  "Operator" means the person who has responsible charge  2,496        

of a manufactured home park, recreational vehicle park,            2,497        

recreation camp, combined park-camp, or temporary park-camp and    2,498        

who is licensed under sections 3733.01 to 3733.08 of the Revised   2,499        

Code.                                                              2,500        

      (N)  "Park operator" means a manufactured home park          2,502        

operator.                                                          2,503        

      (O)  "Residential premises" means a lot located within a     2,505        

manufactured home park and the grounds, areas, and facilities      2,506        

contained within the manufactured home park for the use of         2,507        

residents generally or the use of which is promised to a           2,508        

resident.                                                          2,509        

      (P)  "Rental agreement" means any agreement or lease,        2,511        

written or oral, that establishes or modifies the terms,           2,512        

conditions, rules, or any other provisions concerning the use and  2,513        

occupancy of residential premises by one of the parties.           2,514        

      (Q)  "Security deposit" means any deposit of money or        2,516        

property to secure performance by the resident under a rental      2,517        

agreement.                                                         2,518        

      (R)  "Temporary park-camp" means any tract of land used for  2,520        

a period not to exceed a total of twenty-one days per calendar     2,521        

year for the purpose of parking five or more recreational          2,522        

vehicles, dependent recreational vehicles, or portable camping     2,524        

units, or any combination thereof, for one or more periods of      2,525        

time that do not exceed seven consecutive days or parts thereof.   2,526        

      (S)  "Development" means any artificial change to improved   2,528        

or unimproved real estate, including, without limitation,          2,529        

buildings or structures, dredging, filling, grading, paving,       2,530        

excavation or drilling operations, or storage of equipment or      2,531        

materials, and the construction, expansion, or substantial         2,533        

alteration of a manufactured home park, recreational vehicle       2,534        

park, recreation camp, or combined park-camp, for which plan                    

review is required under division (A) of section 3733.021 of the   2,536        

Revised Code.  "Development" does not include the building,        2,537        

                                                          58     


                                                                 
construction, erection, or manufacture of any building to which    2,538        

section 3781.06 of the Revised Code is applicable.                 2,539        

      (T)  "Flood" or "flooding" means either of the following:    2,541        

      (1)  A general and temporary condition of partial or         2,543        

complete inundation of normally dry land areas from any of the     2,544        

following:                                                         2,545        

      (a)  The overflow of inland or tidal waters;                 2,547        

      (b)  The unusual and rapid accumulation or runoff of         2,549        

surface waters from any source;                                    2,550        

      (c)  Mudslides that are proximately caused by flooding as    2,552        

defined in division (T)(1)(b) of this section and that are akin    2,554        

to a river of liquid and flowing mud on the surface of normally    2,555        

dry land areas, as when earth is carried by a current of water     2,556        

and deposited along the path of the current.                                    

      (2)  The collapse or subsidence of land along the shore of   2,558        

a lake or other body of water as a result of erosion or            2,559        

undermining that is caused by waves or currents of water           2,560        

exceeding anticipated cyclical levels or that is suddenly caused   2,561        

by an unusually high water level in a natural body of water, and   2,562        

that is accompanied by a severe storm, by an unanticipated force   2,563        

of nature, such as a flash flood, by an abnormal tidal surge, or   2,564        

by some similarly unusual and unforeseeable event, that results    2,565        

in flooding as defined in division (T)(1)(a) of this section.      2,567        

      (U)  "Flood plain" means the area adjoining any river,       2,569        

stream, watercourse, or lake that has been or may be covered by    2,570        

flood water.                                                       2,571        

      (V)  "One-hundred-year flood" means a flood having a one     2,573        

per cent chance of being equaled or exceeded in any given year.    2,574        

      (W)  "One-hundred-year flood plain" means that portion of a  2,577        

flood plain inundated by a one-hundred-year flood.                 2,578        

      (X)  "Person" has the same meaning as in section 1.59 of     2,580        

the Revised Code and also includes this state, any political       2,581        

subdivision of this state, and any other state or local body of    2,582        

this state.                                                        2,583        

                                                          59     


                                                                 
      (Y)  "Substantial damage" means damage of any origin         2,585        

sustained by a manufactured OR MOBILE home that is situated in a   2,586        

manufactured home park located in a flood plain when the cost of   2,587        

restoring the manufactured home to its condition before the        2,588        

damage occurred will equal or exceed fifty per cent of the market  2,589        

value of the manufactured home before the damage occurred.         2,590        

      (Z)  "Substantially alter" means a change in the layout or   2,592        

design of a manufactured home park, recreational vehicle park,     2,593        

recreation camp, combined park-camp, or temporary park-camp,       2,594        

including, without limitation, the movement of utilities or        2,595        

changes in established streets, lots, or sites or in other         2,596        

facilities.  In the case of manufactured home parks located        2,597        

within a one-hundred-year flood plain, "substantially alter" also  2,599        

includes changes in elevation resulting from the addition of       2,600        

fill, grading, or excavation that may affect flood plain           2,601        

management.                                                        2,602        

      (AA)  "Tract" means a contiguous area of land that consists  2,604        

of one or more parcels, lots, or sites that have been separately   2,605        

surveyed regardless of whether the individual parcels, lots, or    2,606        

sites have been recorded and regardless of whether the one or      2,607        

more parcels, lots, or sites are under common or different         2,608        

ownership.                                                         2,609        

      (BB)  "Director of health" means the director of health or   2,611        

his THE DIRECTOR'S authorized representative.                      2,612        

      Sec. 3733.02.  (A)(1)  The public health council, subject    2,621        

to Chapter 119. of the Revised Code, shall adopt, and has the      2,622        

exclusive power to adopt, rules of uniform application throughout  2,623        

the state governing the review of plans, issuance of flood plain   2,624        

management permits, and issuance of licenses for manufactured      2,625        

home parks; the location, layout, DENSITY, construction,           2,626        

drainage, sanitation, safety, and operation of those parks;        2,628        

blocking and tiedowns of MOBILE AND manufactured homes in those    2,629        

parks; and notices of flood events concerning, and flood           2,631        

protection at, those parks. The rules pertaining to flood plain    2,632        

                                                          60     


                                                                 
management shall be consistent with and not less stringent than    2,633        

the flood plain management criteria of the national flood          2,634        

insurance program adopted under the "National Flood Insurance Act  2,635        

of 1968," 82 Stat. 572, 42 U.S.C.A. 4001, as amended.  The rules   2,636        

shall not apply to the construction, erection, or manufacture of   2,637        

any building to which section 3781.06 of the Revised Code is       2,638        

applicable.                                                                     

      (2)  The rules pertaining to manufactured home parks         2,640        

constructed after June 30, 1971, shall specify that each home      2,641        

must be placed on its lot to provide not less than fifteen feet    2,642        

between the side of one home and the side of another home, ten     2,643        

feet between the end of one home and the side of another home,     2,644        

and five feet between the ends of two homes placed end to end.     2,645        

      (B)  The public health council, subject to Chapter 119. of   2,647        

the Revised Code, shall adopt rules of uniform application         2,648        

throughout the state governing the review of plans and issuance    2,649        

of licenses for and the location, layout, construction, drainage,  2,650        

sanitation, safety, and operation of recreational vehicle parks,   2,651        

recreation camps, and combined park-camps.  The rules shall not    2,652        

apply to the construction, erection, or manufacture of any         2,653        

building to which section 3781.06 of the Revised Code is           2,654        

applicable.                                                        2,655        

      (C)  The public health council, subject to Chapter 119. of   2,657        

the Revised Code, shall adopt rules of uniform application         2,658        

throughout the state governing the review of plans and issuance    2,659        

of licenses for and the layout, sanitation, safety, and operation  2,660        

of temporary park-camps.  The rules shall not apply to the         2,661        

construction, erection, or manufacture of any building to which    2,662        

section 3781.06 of the Revised Code is applicable.                 2,663        

      (D)  The public health council, in accordance with Chapter   2,665        

119. of the Revised Code, shall adopt rules of uniform             2,666        

application throughout the state establishing requirements and     2,667        

procedures in accordance with which the director of health may     2,668        

authorize licensors for the purposes of sections 3733.022 and      2,669        

                                                          61     


                                                                 
3733.025 of the Revised Code.  The rules shall include at least    2,670        

provisions under which a licensor may enter into contracts for     2,671        

the purpose of fulfilling the licensor's responsibilities under    2,672        

either or both of those sections.                                  2,673        

      Sec. 3733.021.  (A)  No person shall cause development to    2,682        

occur within any portion of a manufactured home park,              2,683        

recreational vehicle park, recreation camp, or combined park-camp  2,684        

until the plans for the development have been submitted to and     2,685        

reviewed and approved by the director of health.  This division    2,686        

does not require that plans be submitted to the director for       2,687        

approval for the replacement of manufactured OR MOBILE homes on    2,688        

previously approved lots in a manufactured home park or for the    2,689        

replacement of recreational vehicles or portable camping units on  2,690        

previously approved sites in a recreational vehicle park,          2,691        

recreation camp, or combined park-camp when no development is to   2,692        

occur in connection with the replacement.  Within thirty days      2,693        

after receipt of the plans, all supporting documents and           2,694        

materials required to complete the review, and the applicable      2,695        

plan review fee established under division (D) of this section,    2,696        

the director shall approve or disapprove the plans.                2,697        

      (B)  Any person aggrieved by the director's disapproval of   2,699        

a set of plans under division (A) of this section may request a    2,700        

hearing on the matter within thirty days after receipt of the      2,701        

director's notice of the disapproval.  The hearing shall be held   2,702        

in accordance with Chapter 119. of the Revised Code.  Thereafter,  2,703        

the disapproval may be appealed in the manner provided in section  2,704        

119.12 of the Revised Code.                                        2,705        

      (C)  The director shall establish a system by which          2,707        

development occurring within a manufactured home park,             2,708        

recreational vehicle park, recreation camp, or combined park-camp  2,709        

is inspected or verified in accordance with rules adopted under    2,710        

division (A) or (B), as appropriate, of section 3733.02 of the     2,711        

Revised Code to ensure that the development complies with the      2,712        

plans approved under division (A) of this section.                 2,713        

                                                          62     


                                                                 
      (D)  The public health council shall establish fees for      2,715        

reviewing plans under division (A) of this section and conducting  2,716        

inspections under division (C) of this section.                    2,717        

      (E)  The director shall charge the appropriate fees          2,719        

established under division (D) of this section for reviewing       2,720        

plans under division (A) of this section and conducting            2,721        

inspections under division (C) of this section.  All such plan     2,722        

review and inspection fees received by the director shall be       2,723        

transmitted to the treasurer of state and shall be credited to     2,724        

the general operations fund created in section 3701.83 of the      2,725        

Revised Code.  Moneys so credited to the fund shall be used only   2,726        

for the purpose of administering and enforcing sections 3733.01    2,727        

to 3733.08 of the Revised Code and rules adopted under those       2,728        

sections.                                                          2,729        

      (F)  Plan approvals issued under this section do not         2,731        

constitute an exemption from the land use and building             2,732        

requirements of the political subdivision in which the             2,733        

manufactured home park, recreational vehicle park, recreation      2,734        

camp, or combined park-camp is or is to be located.                2,735        

      Sec. 3733.022.  (A)  No person shall cause development to    2,744        

occur or cause the replacement of a MOBILE OR manufactured home    2,745        

within any portion of a manufactured home park that is located     2,746        

within a one-hundred-year flood plain unless the person first      2,747        

obtains a permit from the director of health or a licensor         2,749        

authorized by the director.  If the development for which a        2,750        

permit is required under this division is to occur on a lot where  2,751        

a MOBILE OR manufactured home is or is to be located, the owner    2,752        

of the manufactured home and the operator of the manufactured      2,753        

home park shall jointly obtain the permit.  Each of the persons    2,754        

to whom a permit is jointly issued is responsible for compliance   2,755        

with the provisions of the approved permit that are applicable to  2,757        

that person.                                                                    

      The director or a licensor authorized by the director shall  2,759        

disapprove an application for a permit required under this         2,760        

                                                          63     


                                                                 
division unless the director or the licensor finds that the        2,761        

proposed development or replacement of a MOBILE OR manufactured    2,762        

home complies with the rules adopted under division (A) of         2,763        

section 3733.02 of the Revised Code.  No permit is required under  2,764        

this division for the construction, erection, or manufacture of    2,765        

any building to which section 3781.06 of the Revised Code          2,766        

applies.                                                                        

      The director or a licensor authorized by the director may    2,768        

suspend or revoke a permit issued under this division for failure  2,769        

to comply with the rules adopted under division (A) of section     2,770        

3733.02 of the Revised Code pertaining to flood plain management   2,771        

or for failure to comply with the approved permit.                 2,772        

      Any person aggrieved by the disapproval, suspension, or      2,774        

revocation of a permit under this division by the director or by   2,775        

a licensor authorized by the director may request a hearing on     2,776        

the matter within thirty days after receipt of the notice of the   2,777        

disapproval, suspension, or revocation.  The hearing shall be      2,778        

held in accordance with Chapter 119. of the Revised Code.          2,779        

Thereafter, an appeal of the disapproval, suspension, or           2,780        

revocation may be taken in the manner provided in section 119.12   2,781        

of the Revised Code.                                               2,782        

      (B)  The public health council shall establish fees for the  2,784        

issuance of permits under division (A) of this section and for     2,785        

necessary inspections conducted to determine compliance with       2,786        

those permits.                                                     2,787        

      (C)  The director or a licensor authorized by the director   2,789        

shall charge the appropriate fee established under division (B)    2,790        

of this section for the issuance of a permit under division (A)    2,791        

of this section or for conducting any necessary inspection to      2,792        

determine compliance with the permit.  If the director issues      2,793        

such a permit or conducts such an inspection, the fee for the      2,794        

permit or inspection shall be transmitted to the treasurer of      2,795        

state and shall be credited to the general operations fund         2,796        

created in section 3701.83 of the Revised Code.  Moneys so         2,797        

                                                          64     


                                                                 
credited to the fund shall be used by the director only for the    2,798        

purpose of administering and enforcing sections 3733.01 to         2,799        

3733.08 of the Revised Code and rules adopted under those          2,800        

sections.  If the licensor is a board of health, the permit or     2,801        

inspection fee shall be deposited to the credit of the special     2,802        

fund of the health district created in section 3733.04 of the      2,803        

Revised Code and shall be used only for the purpose set forth in   2,804        

that section.                                                      2,805        

      Sec. 3733.025.  (A)  If a MOBILE OR manufactured home that   2,814        

is located in a flood plain is substantially damaged, the owner    2,816        

of the manufactured home shall make all alterations, repairs, or   2,817        

changes to the manufactured home, and the operator of the          2,818        

manufactured home park shall make all alterations, repairs, or     2,819        

changes to the lot on which the manufactured home is located,      2,820        

that are necessary to ensure compliance with the flood plain       2,821        

management rules adopted under division (A) of section 3733.02 of  2,822        

the Revised Code.  Such alterations, repairs, or changes may       2,823        

include, without limitation, removal of the manufactured home or   2,824        

other structures.                                                               

      No person shall fail to comply with this division.           2,826        

      (B)  No person shall cause to be performed any alteration,   2,828        

repair, or change required by division (A) of this section unless  2,829        

the person first obtains a permit from the director of health or   2,830        

a licensor authorized by the director.  The owner of the           2,831        

manufactured home and the operator of the manufactured home park   2,832        

shall jointly obtain the permit required by this division.  Each   2,833        

of the persons to whom a permit is jointly issued is responsible   2,834        

for compliance with the provisions of the approved permit that     2,835        

are applicable to that person.                                     2,836        

      The director or a licensor authorized by the director shall  2,838        

disapprove an application for a permit required under this         2,839        

division unless the director or the licensor finds that the        2,840        

proposed alteration, repair, or change complies with the rules     2,841        

adopted under division (A) of section 3733.02 of the Revised       2,842        

                                                          65     


                                                                 
Code.  No permit is required under this division for the           2,843        

construction, erection, or manufacture of any building to which    2,844        

section 3781.06 of the Revised Code applies.                       2,845        

      The director or a licensor authorized by the director may    2,847        

suspend or revoke a permit issued under this division for failure  2,848        

to comply with the rules adopted under division (A) of section     2,849        

3733.02 of the Revised Code pertaining to flood plain management   2,850        

or for failure to comply with the approved permit.                 2,851        

      Any person aggrieved by the disapproval, suspension, or      2,853        

revocation of a permit under this division by the director or by   2,854        

a licensor authorized by the director may request a hearing on     2,855        

the matter within thirty days after receipt of the notice of the   2,856        

disapproval, suspension, or revocation.  The hearing shall be      2,857        

held in accordance with Chapter 119. of the Revised Code.          2,858        

Thereafter, an appeal of the disapproval, suspension, or           2,859        

revocation may be taken in the manner provided in section 119.12   2,860        

of the Revised Code and for necessary inspections conducted to     2,861        

determine compliance with those permits.                           2,862        

      (C)  The public health council shall establish fees for the  2,864        

issuance of permits under division (B) of this section and for     2,865        

necessary inspections conducted to determine compliance with       2,866        

those permits.                                                     2,867        

      (D)  The director or a licensor authorized by the director   2,869        

shall charge the appropriate fee established under division (C)    2,870        

of this section for the issuance of a permit under division (B)    2,871        

of this section or for conducting any necessary inspection to      2,872        

determine compliance with the permit.  If the director issues      2,873        

such a permit or conducts such an inspection, the fee for the      2,874        

permit or inspection shall be transmitted to the treasurer of      2,875        

state and shall be credited to the general operations fund         2,876        

created in section 3701.83 of the Revised Code.  Moneys so         2,877        

credited to the fund shall be used by the director only for the    2,878        

purpose of administering and enforcing sections 3733.01 to         2,879        

3733.08 of the Revised Code and rules adopted under those          2,880        

                                                          66     


                                                                 
sections.  If the licensor is a board of health, the permit or     2,881        

inspection fee shall be deposited to the credit of the special     2,882        

fund of the health district created in section 3733.04 of the      2,883        

Revised Code and shall be used only for the purpose set forth in   2,884        

that section.                                                      2,885        

      Sec. 3733.06.  (A)  Upon a license being issued under        2,894        

sections 3733.03 to 3733.05 of the Revised Code, any operator      2,896        

shall have the right to rent or use each lot or camping space for  2,897        

the parking or placement of a manufactured home, MOBILE HOME,      2,898        

recreational vehicle, or portable camping facility to be used for  2,899        

human habitation without interruption for any period coextensive   2,900        

with any license or consecutive licenses issued under sections     2,901        

3733.03 to 3733.05 of the Revised Code.                            2,902        

      (B)  NO OPERATOR OF A MANUFACTURED HOME PARK SHALL SELL      2,904        

INDIVIDUAL LOTS IN A PARK FOR EIGHT YEARS FOLLOWING THE ISSUANCE   2,905        

OF THE INITIAL LICENSE FOR THE PARK UNLESS, AT THE TIME OF SALE,   2,907        

THE PARK FULFILLS ALL PLATTING AND SUBDIVISION REQUIREMENTS        2,908        

ESTABLISHED BY THE POLITICAL SUBDIVISION IN WHICH THE PARK IS      2,909        

LOCATED, OR THE POLITICAL SUBDIVISION HAS ENTERED INTO AN                       

AGREEMENT WITH THE OPERATOR REGARDING PLATTING AND SUBDIVISION     2,910        

REQUIREMENTS AND THE OPERATOR HAS FULFILLED THE TERMS OF THAT      2,911        

AGREEMENT.                                                                      

      Sec. 3733.101.  (A)  A resident who is a party to a rental   2,919        

agreement shall:                                                   2,920        

      (1)  Keep that part of the premises that he THE RESIDENT     2,922        

occupies and uses safe and sanitary;                               2,924        

      (2)  Dispose of all rubbish, garbage, and other waste in a   2,926        

clean, safe, and sanitary manner;                                  2,927        

      (3)  Comply with the requirements imposed on residents by    2,929        

all applicable state and local housing, health, and safety codes,  2,930        

rules of the public health council, and rules of the manufactured  2,931        

home park;                                                         2,932        

      (4)  Personally refrain, and forbid any other person who is  2,934        

on the premises with his THE RESIDENT'S permission, from           2,935        

                                                          67     


                                                                 
intentionally or negligently destroying, defacing, damaging, or    2,937        

removing any fixture, appliance, or other part of the residential  2,938        

premises;                                                                       

      (5)  Conduct himself SELF and require other persons on the   2,940        

premises with his THE RESIDENT'S consent to conduct themselves in  2,942        

a manner that will not disturb his THE RESIDENT'S neighbors'       2,943        

peaceful enjoyment of the manufactured home park.                  2,945        

      (B)  The resident shall not unreasonably withhold consent    2,947        

for the park operator to enter the manufactured home to inspect    2,948        

utility connections, or enter onto the premises in order to        2,949        

inspect the premises, make ordinary, necessary, or agreed          2,950        

repairs, decorations, alterations, or improvements, deliver        2,951        

parcels which are too large for the resident's mail facilities,    2,952        

or supply necessary or agreed services.                            2,953        

      (C)  If the resident violates any provision of this          2,955        

section, the park operator may recover any actual damages which    2,956        

result from the violation and reasonable attorneys' fees.  This    2,957        

remedy is in addition to any right of the park operator to         2,958        

terminate the rental agreement, to maintain an action for the      2,959        

possession of the premises, or injunctive relief to compel access  2,960        

under division (B) of this section.                                2,961        

      Sec. 3733.11.  (A)(1)  The park operator shall offer each    2,971        

manufactured home owner a written rental agreement for a           2,972        

manufactured home park lot for a term of one year or more that     2,973        

contains terms essentially the same as any alternative             2,974        

month-to-month rental agreement offered to current and             2,975        

prospective tenants and owners.  The park operator shall offer     2,976        

the minimum one-year rental agreement to the owner prior to        2,977        

installation of the owner's manufactured home in the manufactured  2,978        

home park or, if the owner's manufactured home is in the           2,979        

manufactured home park, prior to the expiration of the owner's     2,980        

existing rental agreement.                                         2,981        

      (2)  The park operator shall deliver the offer to the owner  2,983        

by certified mail, return receipt requested, or in person.  If     2,984        

                                                          68     


                                                                 
the park operator delivers the offer to the owner in person, the   2,985        

owner shall complete a return showing receipt of the offer.  If    2,986        

the owner does not accept the offer, the park operator is          2,987        

discharged from any obligation to make any further such offers.    2,988        

If the owner accepts the offer, the park operator shall, at the    2,989        

expiration of each successive rental agreement, offer the owner    2,990        

another rental agreement, for a term that is mutually agreed       2,991        

upon, and that contains terms essentially the same as the          2,992        

alternative month-to-month agreement.  The park operator shall     2,993        

deliver subsequent rental offers in the same manner as the first   2,994        

rental offer.  If the park operator sells the manufactured home    2,995        

park to another manufactured home park operator, the purchaser is  2,996        

bound by the rental agreements entered into by his predecessor.    2,997        

      (3)  If the park operator sells the manufactured home park   2,999        

for a use other than as a manufactured home park, the park         3,000        

operator shall give each tenant and owner a written notification   3,001        

by certified mail, return receipt requested, or by handing it to   3,002        

the tenant or owner in person.  If the park operator delivers the  3,003        

notification in person, the recipient shall complete a return      3,004        

showing receipt of the notification.  This notification shall      3,005        

contain notice of the sale of the manufactured home park, and      3,006        

notice of the date by which the tenant or owner shall vacate. The  3,008        

date by which the tenant shall vacate shall be at least one                     

hundred twenty days after receipt of the written notification,     3,009        

and the date by which the owner shall vacate shall be at least     3,010        

one hundred eighty days after receipt of the written               3,011        

notification.                                                      3,012        

      (B)  A park operator shall fully disclose in writing all     3,014        

fees, charges, assessments, including rental fee FEES, and rules   3,015        

prior to a tenant or owner executing a rental agreement and        3,017        

assuming occupancy in the manufactured home park.  No fees,        3,018        

charges, assessments, or rental fees so disclosed may be           3,019        

increased nor rules changed by a park operator without specifying  3,020        

the date of implementation of the changed fees, charges,           3,021        

                                                          69     


                                                                 
assessments, rental fees, or rules, which date shall be not less   3,022        

than thirty days after written notice of the change and its        3,023        

effective date to all tenants or owners in the manufactured home   3,024        

park, and no fee, charge, assessment, or rental fee shall be       3,025        

increased during the term of any tenant's or owner's rental        3,026        

agreement.  Failure on the part of the park operator to fully      3,027        

disclose all fees, charges, or assessments shall prevent the park  3,028        

operator from collecting the undisclosed fees, charges, or         3,029        

assessments.  If a tenant or owner refuses to pay any undisclosed  3,030        

fees, charges, or assessments, the refusal shall not be used by    3,031        

the park operator as a cause for eviction in any court.            3,032        

      (C)  A park operator shall promulgate rules governing the    3,034        

rental or occupancy of a LOT IN THE manufactured home lot PARK.    3,035        

The rules shall not be unreasonable, arbitrary, or capricious.  A  3,037        

copy of the rules and any amendments to them shall be delivered    3,038        

by the park operator to the tenant or owner prior to his signing   3,039        

the rental agreement.  A copy of the rules and any amendments to   3,040        

them shall be posted in a conspicuous place upon the manufactured  3,041        

home park grounds.                                                 3,042        

      (D)  No park operator shall require a an owner to purchase   3,044        

from the park operator any personal property.  The park operator   3,045        

may determine by rule the style or quality of skirting, equipment  3,046        

for tying down manufactured homes, manufactured OR MOBILE home     3,047        

accessories, or other equipment to be purchased by an owner from   3,049        

a vendor of the owner's choosing, provided that the equipment is   3,050        

readily available to the owner. Any such equipment shall be        3,051        

installed in accordance with the manufactured home park rules.     3,052        

      (E)  No park operator shall charge any owner who chooses to  3,054        

install an electric or gas appliance in his manufactured A home    3,055        

an additional fee solely on the basis of the installation, unless  3,056        

the installation is performed by the park operator at the request  3,057        

of the owner, nor shall the park operator restrict the             3,058        

installation, service, or maintenance of the appliance, restrict   3,059        

the ingress or egress of repairmen REPAIRPERSONS to the            3,060        

                                                          70     


                                                                 
manufactured home park for the purpose of installation, service,   3,062        

or maintenance of the appliance, nor restrict the making of any    3,063        

interior improvement in a manufactured home, if the installation   3,064        

or improvement is in compliance with applicable building codes     3,065        

and other provisions of law and if adequate utility services are   3,066        

available for the installation or improvement.                     3,067        

      (F)  No park operator shall require a tenant to lease or an  3,069        

owner to purchase a manufactured OR MOBILE home from the park      3,070        

operator or any specific person as a condition of or prerequisite  3,071        

to entering into a rental agreement.                               3,072        

      (G)  No park operator shall require an owner to use the      3,074        

services of the park operator or any other specific person for     3,075        

installation of the manufactured OR MOBILE home on THE             3,076        

residential premises or for the performance of any service.        3,077        

      (H)  No park operator shall:                                 3,079        

      (1)  Deny any owner the right to sell his THE OWNER'S        3,081        

manufactured home within the manufactured home park if the owner   3,083        

gives the park operator ten days' notice of his THE intention to   3,084        

sell his manufactured THE home;                                    3,086        

      (2)  Require the owner to remove the manufactured home from  3,088        

the manufactured home park solely on the basis of the sale of the  3,089        

manufactured home;                                                 3,090        

      (3)  Unreasonably refuse to enter into a rental agreement    3,092        

with a purchaser of a manufactured home located within his THE     3,093        

OPERATOR'S manufactured home park;                                 3,095        

      (4)  Charge any tenant or owner any fee, charge, or          3,097        

assessment, including a rental fee, that is not set forth in the   3,098        

rental agreement or, if the rental agreement is oral, is not set   3,099        

forth in a written disclosure given to the tenant or owner prior   3,100        

to his THE TENANT OR OWNER entering into a rental agreement;       3,101        

      (5)  Charge any owner any fee, charge, or assessment         3,103        

because of the transfer of ownership of any manufactured A home    3,104        

or because a manufactured home is moved out of or into the         3,105        

manufactured home park, except a charge for the actual costs and   3,106        

                                                          71     


                                                                 
expenses that are incurred by the park operator in moving the      3,107        

manufactured home out of or into the manufactured home park, or    3,108        

in installing the manufactured home in the manufactured home park  3,109        

and that have not been reimbursed by another tenant or owner.      3,110        

       (I)  If the park operator violates any provision of         3,112        

divisions (A) to (H) of this section, the tenant or owner may      3,113        

recover actual damages resulting from the violation, and, if he    3,114        

THE TENANT OR OWNER obtains a judgment, reasonable attorneys'      3,116        

fees, or terminate the rental agreement.                           3,117        

      (J)  No rental agreement shall require a tenant or owner to  3,119        

sell, lease, or sublet his THE TENANT'S OR OWNER'S interest in     3,120        

the rental agreement or the manufactured OR MOBILE home that is    3,122        

or will be located on the lot that is the subject of the rental    3,123        

agreement to any specific person or through any specific person    3,124        

as his THE PERSON'S agent.                                                      

      (K)  No park operator shall enter into a rental agreement    3,126        

with the owner of a manufactured OR MOBILE home for the use of     3,127        

residential premises, if the rental agreement requires the owner   3,128        

of the manufactured home, as a condition to his THE OWNER'S        3,129        

renting, occupying, or remaining on the residential premises, to   3,131        

pay the park operator or any other person specified in the rental  3,132        

agreement a fee or any sum of money based on the sale of the       3,133        

manufactured home, unless the owner of the trailer or              3,134        

manufactured home uses the park operator or other person as his    3,135        

THE OWNER'S agent in the sale of the manufactured home.            3,137        

      (L)  A park operator and a tenant or owner may include in a  3,139        

rental agreement any terms and conditions, including any term      3,140        

relating to rent, the duration of an agreement, and any other      3,141        

provisions governing the rights and obligations of the parties     3,142        

that are not inconsistent with or prohibited by sections 3733.09   3,143        

to 3733.20 of the Revised Code or any other rule of law.           3,144        

      (M)  Notwithstanding any other provision of the Revised      3,146        

Code, the owner of a manufactured OR MOBILE home that was          3,147        

previously titled by a dealer may utilize the services of a        3,148        

                                                          72     


                                                                 
manufactured home dealer licensed under Chapter 4517. of the       3,149        

Revised Code or a person properly licensed under Chapter 4735. of  3,150        

the Revised Code to sell or lease the manufactured home.           3,151        

      Sec. 3733.19.  (A)  Every written rental agreement for       3,160        

residential premises shall contain the name and address of the     3,161        

owner of the residential premises and the name and address of the  3,162        

owner's agent, if any.  If the owner or the owner's agent is a     3,163        

corporation, partnership, limited partnership, association,        3,164        

trust, or other entity, the address shall be the principal place   3,165        

of business in the county in which the residential premises are    3,166        

situated or if there is no place of business in such county then   3,167        

its principal place of business in this state, and shall include   3,168        

the name of the person in charge thereof.                          3,169        

      (B)  If the rental agreement is oral, the park operator, at  3,171        

the commencement of the term of occupancy, shall deliver to the    3,172        

resident a written notice containing the information required in   3,173        

division (A) of this section.                                      3,174        

      (C)  If the park operator fails to provide the notice of     3,176        

the name and address of the owner and owner's agent, if any, as    3,177        

required under division (A) or (B) of this section, the notices    3,178        

to the park operator required under division (A) of sections       3,179        

3733.12 and 3733.121 of the Revised Code are waived by the park    3,180        

operator and his THE OPERATOR'S agent.                             3,181        

      (D)  Every written rental agreement for residential          3,183        

premises shall contain the following notice in ten-point boldface  3,184        

type:                                                              3,185        

      "YOUR RIGHTS AS A RESIDENT AND YOUR MANUFACTURED HOME PARK   3,187        

OPERATOR'S RIGHTS ARE PROTECTED BY SECTIONS 3733.09 TO 3733.20 OF  3,188        

THE REVISED CODE, WHICH REGULATE MANUFACTURED HOME RENTAL          3,190        

AGREEMENTS IN MANUFACTURED HOME PARKS."                                         

      If the rental agreement is oral, the park operator, at the   3,192        

commencement of the term of occupancy, shall deliver the notice    3,193        

to the resident in writing.                                        3,194        

      Sec. 3781.06.  (A)(1)  Any building which THAT may be used   3,204        

                                                          73     


                                                                 
as a place of resort, assembly, education, entertainment,          3,205        

lodging, dwelling, trade, manufacture, repair, storage, traffic,   3,206        

or occupancy by the public, and all other buildings or parts and   3,207        

appurtenances thereof erected within this state, shall be so       3,208        

constructed, erected, equipped, and maintained that they shall be  3,209        

safe and sanitary for their intended use and occupancy, except     3,210        

that sections 3781.06 to 3781.18 and 3791.04 of the Revised Code   3,211        

shall be considered as model provisions with no force and effect   3,212        

when applied to single-family, two-family, and three-family        3,213        

dwelling houses, and accessory structures incidental to those      3,214        

dwelling houses, which THAT have not been constructed or erected   3,215        

as industrialized one-family, two-family, or three-family units    3,217        

or structures within the meaning of the term "industrialized       3,218        

unit" as provided in DIVISION (C)(3) OF THIS section 3781.10 of    3,219        

the Revised Code, except where the context specifies mandatory     3,220        

applicability.                                                     3,221        

      (2)  NOTHING IN SECTIONS 3781.06 TO 3781.18 AND 3791.04 OF   3,223        

THE REVISED CODE SHALL BE CONSTRUED TO LIMIT THE POWER OF THE      3,225        

PUBLIC HEALTH COUNCIL TO ADOPT RULES OF UNIFORM APPLICATION        3,226        

GOVERNING MANUFACTURED HOME PARKS PURSUANT TO SECTION 3733.02 OF   3,227        

THE REVISED CODE.                                                               

      (B)  Sections 3781.06 to 3781.18 and 3791.04 of the Revised  3,229        

Code shall not apply to either of the following:                   3,230        

      (1)  Buildings or structures which THAT are incident to the  3,232        

use for agricultural purposes of the land on which such buildings  3,234        

or structures are located, provided such buildings or structures   3,235        

are not used in the business of retail trade.  For purposes of     3,236        

this division, a building or structure is not considered used in   3,238        

the business of retail trade if fifty per cent or more of the                   

gross income received from sales of products in the building or    3,239        

structure by the owner or operator is from sales of products       3,240        

produced or raised in a normal crop year on farms owned or         3,241        

operated by the seller.                                            3,242        

      (2)  Existing single-family, two-family, and three-family    3,245        

                                                          74     


                                                                 
detached dwelling houses for which applications have been          3,246        

submitted to the director of human services pursuant to section    3,247        

5104.03 of the Revised Code for the purposes of operating type A   3,248        

family day-care homes as defined in section 5104.01 of the         3,249        

Revised Code.                                                                   

      (C)  As used in sections 3781.06 to 3781.18 and 3791.04 of   3,251        

the Revised Code:                                                               

      (1)  "Agricultural purposes" include agriculture, farming,   3,253        

dairying, pasturage, apiculture, horticulture, floriculture,       3,254        

viticulture, ornamental horticulture, olericulture, pomiculture,   3,255        

and animal and poultry husbandry;.                                 3,256        

      (2)  "A building" is BUILDING" MEANS any structure           3,258        

consisting of foundations, walls, columns, girders, beams,         3,259        

floors, and roof, or a combination of any number of these parts,   3,260        

with or without other parts or appurtenances.                      3,261        

      A building is considered safe when (3)  "INDUSTRIALIZED      3,263        

UNIT" MEANS A BUILDING UNIT OR ASSEMBLY OF CLOSED CONSTRUCTION     3,265        

FABRICATED IN AN OFF-SITE FACILITY, THAT IS SUBSTANTIALLY          3,266        

SELF-SUFFICIENT AS A UNIT OR AS PART OF A GREATER STRUCTURE, AND   3,267        

THAT REQUIRES TRANSPORTATION TO THE SITE OF INTENDED USE.          3,268        

"INDUSTRIALIZED UNIT" INCLUDES UNITS INSTALLED ON THE SITE AS      3,269        

INDEPENDENT UNITS, AS PART OF A GROUP OF UNITS, OR INCORPORATED    3,270        

WITH STANDARD CONSTRUCTION METHODS TO FORM A COMPLETED STRUCTURAL  3,271        

ENTITY.  "INDUSTRIALIZED UNIT" DOES NOT INCLUDE A MANUFACTURED     3,272        

HOME AS DEFINED BY DIVISION (C)(4) OF THIS SECTION OR A MOBILE     3,273        

HOME AS DEFINED BY DIVISION (O) OF SECTION 4501.01 OF THE REVISED  3,276        

CODE.                                                              3,277        

      (4)  "MANUFACTURED HOME" MEANS A BUILDING UNIT OR ASSEMBLY   3,280        

OF CLOSED CONSTRUCTION THAT IS FABRICATED IN AN OFF-SITE FACILITY  3,281        

AND CONSTRUCTED IN CONFORMANCE WITH THE FEDERAL CONSTRUCTION AND   3,282        

SAFETY STANDARDS ESTABLISHED BY THE SECRETARY OF HOUSING AND       3,283        

URBAN DEVELOPMENT PURSUANT TO THE "MANUFACTURED HOUSING            3,286        

CONSTRUCTION AND SAFETY STANDARDS ACT OF 1974," 88 STAT. 700, 42   3,290        

U.S.C.A. 5401, 5403, AND THAT HAS A PERMANENT LABEL OR TAG         3,292        

                                                          75     


                                                                 
AFFIXED TO IT, AS SPECIFIED IN 42 U.S.C.A. 5415, CERTIFYING        3,293        

COMPLIANCE WITH ALL APPLICABLE FEDERAL CONSTRUCTION AND SAFETY     3,295        

STANDARDS.                                                                      

      (5)  "PERMANENT FOUNDATION" MEANS PERMANENT MASONRY,         3,298        

CONCRETE, OR A LOCALLY APPROVED FOOTING OR FOUNDATION, TO WHICH A  3,299        

MANUFACTURED OR MOBILE HOME MAY BE AFFIXED.                        3,300        

      (6)  "PERMANENTLY SITED MANUFACTURED HOME" MEANS A           3,303        

MANUFACTURED HOME THAT MEETS ALL OF THE FOLLOWING CRITERIA:        3,304        

      (a)  THE STRUCTURE IS AFFIXED TO A PERMANENT FOUNDATION AND  3,307        

IS CONNECTED TO APPROPRIATE FACILITIES;                                         

      (b)  THE STRUCTURE, EXCLUDING ANY ADDITION, HAS A WIDTH OF   3,309        

AT LEAST TWENTY-TWO FEET AT ONE POINT, A LENGTH OF AT LEAST        3,311        

TWENTY-TWO FEET AT ONE POINT, AND A TOTAL LIVING AREA, EXCLUDING   3,312        

GARAGES, PORCHES, OR ATTACHMENTS, OF AT LEAST NINE HUNDRED SQUARE  3,313        

FEET;                                                                           

      (c)  THE STRUCTURE HAS A MINIMUM 3:12 RESIDENTIAL ROOF       3,315        

PITCH, CONVENTIONAL RESIDENTIAL SIDING, AND A SIX-INCH MINIMUM     3,317        

EAVE OVERHANG, INCLUDING APPROPRIATE GUTTERING;                    3,318        

      (d)  THE STRUCTURE WAS MANUFACTURED AFTER JANUARY 1, 1995;   3,321        

      (e)  THE STRUCTURE IS NOT LOCATED IN A MANUFACTURED HOME     3,323        

PARK AS DEFINED BY SECTION 3733.01 OF THE REVISED CODE.            3,324        

      (7)  "SAFE," WITH RESPECT TO A BUILDING, MEANS IT IS free    3,327        

from danger or hazard to the life, safety, health, or welfare of   3,328        

persons occupying or frequenting it, or of the public and from     3,329        

danger of settlement, movement, disintegration, or collapse,       3,330        

whether such danger arises from the methods or materials of its    3,331        

construction or from equipment installed therein, for the purpose  3,332        

of lighting, heating, the transmission or utilization of electric  3,333        

current, or from its location or otherwise.                        3,334        

      A building is sanitary when (8)  "SANITARY," WITH RESPECT    3,336        

TO A BUILDING, MEANS it is free from danger or hazard to the       3,338        

health of persons occupying or frequenting it or to that of the    3,339        

public, if such danger arises from the method or materials of its  3,340        

construction or from any equipment installed therein, for the      3,341        

                                                          76     


                                                                 
purpose of lighting, heating, ventilating, or plumbing.            3,342        

      Sec. 3781.07.  There is hereby established in the            3,351        

department of commerce a board of building standards consisting    3,354        

of ten members appointed by the governor with the advice and       3,355        

consent of the senate.  The board shall appoint a secretary who    3,357        

shall serve in the unclassified civil service for a term of six    3,358        

years at a salary fixed pursuant to Chapter 124. of the Revised    3,359        

Code.  The board may employ additional staff in the classified     3,360        

civil service.  The secretary may be removed by the board under    3,361        

the rules the board adopts.   Terms of office shall be for four                 

years, commencing on the fourteenth day of October and ending on   3,363        

the thirteenth day of October.  Each member shall hold office      3,364        

from the date of his appointment until the end of the term for     3,365        

which he THE MEMBER was appointed.  Any member appointed to fill   3,367        

a vacancy occurring prior to the expiration of the term for which  3,368        

his THE MEMBER'S predecessor was appointed shall hold office for   3,370        

the remainder of such term.  Any member shall continue in office   3,371        

subsequent to the expiration date of his THE MEMBER'S term until   3,372        

his THE MEMBER'S successor takes office, or until a period of      3,374        

sixty days has elapsed, whichever occurs first.  One of the        3,375        

members appointed to the board shall be an attorney at law,        3,377        

admitted to the bar of this state; two shall be registered         3,378        

architects; two shall be professional engineers, one in the field  3,379        

of mechanical and one in the field of structural engineering,      3,380        

each of whom shall be duly licensed to practice his SUCH           3,381        

profession in this state; one shall be a person of recognized      3,382        

ability, broad training, and fifteen years experience in problems  3,383        

and practice incidental to the construction and equipment of       3,384        

buildings specified in section 3781.06 of the Revised Code; one    3,385        

shall be a person with recognized ability and experience in the    3,386        

manufacture and construction of industrialized units as defined    3,387        

in section 3781.10 3781.06 of the Revised Code; one shall be a     3,388        

member of the fire service with recognized ability and broad       3,390        

training in the field of fire protection and suppression; one      3,391        

                                                          77     


                                                                 
shall be a person with at least ten years of experience and        3,392        

recognized expertise in building codes and standards and the       3,393        

manufacture of construction materials; and one shall be a general  3,395        

contractor with experience in residential and commercial                        

construction.  Each member of the board, not otherwise required    3,396        

to take an oath of office, shall take the oath prescribed by the   3,397        

constitution.  Each member shall receive as compensation an        3,399        

amount fixed pursuant to division (J) of section 124.15 of the     3,400        

Revised Code, and shall receive his actual and necessary expenses  3,401        

in the performance of his official duties.  The amount of such     3,402        

expenses shall be certified by the secretary of the board and      3,403        

paid in the same manner as the expenses of employees of the        3,404        

department of commerce are paid.                                   3,405        

      Sec. 3781.10.  The board of building standards shall:        3,414        

      (A)  Formulate and adopt rules governing the erection,       3,416        

construction, repair, alteration, and maintenance of all           3,417        

buildings or classes of buildings specified in section 3781.06 of  3,418        

the Revised Code, including land area incidental thereto, the      3,419        

construction of industrialized units, the installation of          3,420        

equipment, and the standards or requirements for materials to be   3,421        

used in connection therewith.  The standards shall relate to the   3,422        

conservation of energy in and to the safety and sanitation of      3,423        

such buildings.  The rules shall be the lawful minimum             3,424        

requirements specified for such buildings or industrialized        3,425        

units, except that no rule, except as provided in division (C) of  3,426        

section 3781.108 of the Revised Code, which specifies a higher     3,427        

requirement than is imposed by any section of the Revised Code     3,428        

shall be enforceable; the rules shall be acceptable as complete    3,429        

lawful alternatives to the requirements specified for such         3,430        

buildings or industrialized units in any section of the Revised    3,431        

Code; and the board shall on its own motion, or on application     3,432        

made under sections 3781.12 and 3781.13 of the Revised Code,       3,433        

formulate, propose, adopt, modify, amend, or repeal the rules to   3,434        

the extent necessary or desirable to effectuate the purposes of    3,435        

                                                          78     


                                                                 
sections 3781.06 to 3781.18 of the Revised Code.                   3,436        

      (B)  Formulate and report to the general assembly such       3,438        

amendments in existing statutes relating to the purposes declared  3,439        

in section 3781.06 of the Revised Code as public health and        3,440        

safety and the development of the arts require and such            3,441        

additional legislation as it recommends with a view to carrying    3,442        

out fully, in statutory form, the purposes declared in such        3,443        

section; and prepare and submit to the general assembly a summary  3,444        

report of the number, nature, and disposition of the petitions     3,445        

filed under sections 3781.13 and 3781.14 of the Revised Code;      3,446        

      (C)  Determine by rule, on its own motion or on application  3,448        

made under sections 3781.12 and 3781.13 of the Revised Code, and   3,449        

after thorough testing and evaluation that any particular          3,450        

fixture, device, material, process of manufacture, manufactured    3,451        

unit or component, method of manufacture, system, or method of     3,452        

construction, complies with performance standards adopted          3,453        

pursuant to section 3781.11 of the Revised Code, having regard to  3,454        

its adaptability for safe and sanitary erection, use, or           3,455        

construction, to that described in any section of the Revised      3,456        

Code, wherever the use of a fixture, device, material, method of   3,457        

manufacture, system, or method of construction which is described  3,458        

in such section of the Revised Code, is permitted by law; and on   3,459        

like application amend or annul any such rule or issue an          3,460        

authorization for the use of a new material or manufactured unit;  3,461        

and no department, officer, board, or commission of the state      3,462        

other than the board of building standards or the board of         3,463        

building appeals shall permit the use of any fixture, device,      3,464        

material, method of manufacture, newly designed product, system,   3,465        

or method of construction at variance with what is described in    3,466        

any rule adopted or authorization issued by the board of building  3,467        

standards or in any section of the Revised Code.  Nothing in this  3,468        

section shall be construed as requiring approval, by rule, of      3,469        

plans for an industrialized unit that conforms with the rules      3,470        

adopted by the board of building standards pursuant to section     3,471        

                                                          79     


                                                                 
3781.11 of the Revised Code.                                       3,472        

      (D)  Recommend to the bureau of workers' compensation, the   3,474        

director of commerce, or any other department, officer, board, or  3,476        

commission of the state, and to legislative authorities and                     

building departments of counties, townships, and municipal         3,477        

corporations, the making, amending, fixing, or ordaining by such   3,478        

appropriate action as such state, county, township, or municipal   3,479        

authorities may be empowered by law or the constitution to take,   3,480        

of such rules, codes, or standards as shall tend to carry out the  3,481        

purposes declared in section 3781.06 of the Revised Code, with a   3,482        

view to securing uniformity of state administrative ruling; and    3,483        

local legislation and administrative action;                       3,484        

      (E)  Certify municipal, township, and county building        3,486        

departments to exercise enforcement authority, to accept and       3,487        

approve plans and specifications, and to make inspections,         3,488        

pursuant to sections 3781.03 and 3791.04 of the Revised Code.      3,489        

      The board also shall certify personnel of municipal,         3,491        

township, and county building departments, and persons and         3,492        

employees of persons, firms, or corporations as described in       3,493        

divisions (E)(1) and (2) of this section, to exercise enforcement  3,494        

authority, to accept and approve plans and specifications, and to  3,495        

make inspections, pursuant to sections 3781.03 and 3791.04 of the  3,496        

Revised Code.  The board shall specify, in rules adopted pursuant  3,497        

to Chapter 119. of the Revised Code, the requirements that shall   3,498        

be satisfied for certification purposes, which requirements shall  3,499        

be consistent with this division.  Except as otherwise provided    3,500        

in this division, the requirements shall include, but are not      3,501        

limited to, the satisfactory completion of an initial examination  3,502        

and, in order to remain certified, the completion of a specified   3,503        

number of hours of continuing building code education within each  3,504        

three-year period following the date of certification.  In         3,505        

adopting the requirements, the board shall not specify less than   3,506        

thirty hours of continuing building code education within a        3,507        

three-year period; shall provide that continuing education         3,509        

                                                          80     


                                                                 
credits, and certification issued, by the council of American      3,510        

building officials, national model code organizations, and         3,511        

agencies or entities recognized by the board, are acceptable for   3,512        

purposes of this division; and shall specify requirements that     3,513        

are compatible, to the extent possible, with requirements          3,514        

established by the council of American building officials and      3,515        

national model code organizations.  The board shall establish and  3,516        

collect a certification and renewal fee for building department    3,517        

personnel, and persons and employees of persons, firms, or         3,518        

corporations as described in divisions (E)(1) and (2) of this      3,519        

section, certified pursuant to this division.                      3,520        

      All individuals certified pursuant to this division shall    3,522        

complete the number of hours of continuing building code           3,523        

education that the board requires or, for failure to do so,        3,524        

forfeit their certifications.                                      3,525        

      This division does not require or authorize the              3,527        

certification by the board of personnel of municipal, township,    3,528        

and county building departments, and persons and employees of      3,529        

persons, firms, or corporations as described in divisions (E)(1)   3,530        

and (2) of this section, whose responsibilities do not include     3,531        

the exercise of enforcement authority, the approval of plans and   3,532        

specifications, or the making of inspections, under the Ohio       3,533        

building code.                                                     3,534        

      (1)  Enforcement authority for approval of plans and         3,536        

specifications may be exercised, and plans and specifications may  3,537        

be approved, on behalf of a municipal corporation, township, or    3,538        

county, by any of the following who are certified by the board of  3,539        

building standards:                                                3,540        

      (a)  Officers or employees of the municipal corporation,     3,542        

township, or county;                                               3,543        

      (b)  Persons, or employees of persons, firms, or             3,545        

corporations, when such persons, firms, or corporations are under  3,546        

contract to furnish architectural or engineering services to the   3,547        

municipal corporation, township, or county, and such authority is  3,548        

                                                          81     


                                                                 
exercised pursuant to such contract;                               3,549        

      (c)  Officers or employees of any other municipal            3,551        

corporation, township, county, health district, or other           3,552        

political subdivision, or persons or employees of persons, firms,  3,553        

or corporations under contract with the same pursuant to division  3,554        

(E)(1)(b) of this section, when such other municipal corporation,  3,555        

township, county, health district, or other political subdivision  3,556        

is under contract to furnish architectural or engineering          3,557        

services to the municipal corporation, township, or county, and    3,558        

such authority is exercised pursuant to such contract.             3,559        

      (2)  Enforcement authority for inspections may be            3,561        

exercised, and inspections may be made, on behalf of a municipal   3,562        

corporation, township, or county, by any of the following who are  3,563        

certified by the board of building standards:                      3,564        

      (a)  Officers or employees of the municipal corporation,     3,566        

township, or county;                                               3,567        

      (b)  Persons, or employees of persons, firms, or             3,569        

corporations, when such persons, firms, or corporations are under  3,570        

contract to furnish inspection services to the municipal           3,571        

corporation, township, or county, and such authority is exercised  3,572        

pursuant to such contract;                                         3,573        

      (c)  Officers or employees of any other municipal            3,575        

corporation, township, county, health district, or other           3,576        

political subdivision under contract to furnish inspection         3,577        

services to the municipal corporation, township, or county, when   3,578        

such authority is exercised pursuant to such contract.             3,579        

      (3)  Municipal, township, and county building departments    3,581        

shall have jurisdiction within the meaning of sections 3781.03     3,582        

and 3791.04 of the Revised Code, only with respect to the types    3,583        

of buildings and subject matters as to which they have been        3,584        

certified under this section and as to which such certification    3,585        

remains in effect.                                                 3,586        

      (4)  Such certification shall be upon application by the     3,588        

municipal corporation, the board of township trustees, or the      3,589        

                                                          82     


                                                                 
board of county commissioners and approval of such application by  3,590        

the board of building standards.  Such application shall set       3,591        

forth:                                                             3,592        

      (a)  The types of building occupancies as to which the       3,594        

certification is requested;                                        3,595        

      (b)  The number and qualifications of the staff composing    3,597        

the building department;                                           3,598        

      (c)  The names, addresses, and qualifications of persons,    3,600        

firms, or corporations contracting to furnish work or services     3,601        

pursuant to divisions (E)(1)(b) and (2)(b) of this section;        3,602        

      (d)  The names of other municipal corporations, townships,   3,604        

counties, health districts, or other political subdivisions        3,605        

contracting to furnish work or services pursuant to divisions      3,606        

(E)(1)(c) and (2)(c) of this section;                              3,607        

      (e)  The proposed budget for the operation of such           3,609        

department.                                                        3,610        

      (5)  The board of building standards shall adopt rules       3,612        

governing:                                                         3,613        

      (a)  The certification of building department personnel and  3,615        

of those persons and employees of persons, firms, or corporations  3,616        

exercising authority pursuant to divisions (E)(1) and (2) of this  3,617        

section.  Any employee of the department or person who contracts   3,618        

for services with the department is disqualified from performing   3,619        

services for the department when the same would require the        3,620        

employee or person to pass upon, inspect, or otherwise exercise    3,622        

any authority given by the Ohio building code over any labor,      3,623        

material, or equipment furnished by the employee or person for     3,624        

the construction, alteration, or maintenance of a building or the  3,626        

preparation of working drawings or specifications for work within  3,627        

the jurisdictional area of the department.  The department shall   3,628        

provide other similarly qualified personnel to enforce the         3,629        

requirements of the Ohio building code as it pertains to such      3,630        

work.                                                                           

      (b)  The minimum services to be provided by a certified      3,632        

                                                          83     


                                                                 
building department.                                               3,633        

      (6)  Such certification may be revoked or suspended with     3,635        

respect to any or all of the building occupancies to which it      3,636        

relates on petition to the board of building standards by any      3,637        

person affected by such enforcement or approval of plans, or by    3,638        

the board on its own motion.  Hearings shall be held and appeals   3,639        

permitted on any such proceedings for certification or for         3,640        

revocation or suspension of certification in the same manner as    3,641        

provided in section 3781.101 of the Revised Code for other         3,642        

proceedings of the board of building standards.                    3,643        

      (7)  Upon certification, and until such authority is         3,645        

revoked, county and township building departments shall enforce    3,646        

such rules over those occupancies listed in the application        3,647        

without regard to limitation upon the authority of boards of       3,648        

county commissioners under Chapter 307. of the Revised Code or     3,649        

boards of township trustees under Chapter 505. of the Revised      3,650        

Code.                                                              3,651        

      (F)  Conduct such hearings, in addition to those required    3,653        

by sections 3781.06 to 3781.18 and 3791.04 of the Revised Code,    3,654        

and make such investigations and tests, and require from other     3,655        

state departments, officers, boards, and commissions such          3,656        

information as the board considers necessary or desirable in       3,657        

order to assist it in the discharge of any duty or in the          3,658        

exercise of any power mentioned in this section or in sections     3,659        

3781.06 to 3781.18 and 3791.04 of the Revised Code;                3,660        

      (G)  Formulate rules and establish reasonable fees for the   3,662        

review of all applications submitted where the applicant applies   3,663        

for authority to use a new material, assembly, or product of a     3,664        

manufacturing process.  The fee established shall bear some        3,665        

reasonable relationship to the cost of such review or testing of   3,666        

the materials, assembly, or products submitted and notification    3,667        

of approval or disapproval as provided in section 3781.12 of the   3,668        

Revised Code.                                                      3,669        

      (H)  Compile and publish, in the form of a model code,       3,671        

                                                          84     


                                                                 
rules pertaining to one-family, two-family, and three-family       3,672        

dwelling houses which THAT any municipal corporation, township,    3,673        

or county may incorporate into its building code;                  3,675        

      (I)  Cooperate with the director of human services when the  3,677        

director promulgates rules pursuant to section 5104.05 of the      3,678        

Revised Code regarding safety and sanitation in type A family      3,679        

day-care homes;                                                    3,680        

      (J)  Adopt rules to implement the requirements of section    3,682        

3781.108 of the Revised Code.                                      3,683        

      As used in sections 3781.10 to 3781.18 and 3791.04 to        3,685        

3791.07 of the Revised Code, "industrialized unit" means an        3,686        

assembly of materials or products comprising all or part of a      3,687        

total structure which, when constructed, is self-sufficient or     3,688        

substantially self-sufficient, and when installed constitutes the  3,689        

structure or part of a structure, except for preparations for its  3,690        

placement.                                                         3,691        

      Sec. 3781.181.  (A)  The board of building standards shall   3,700        

adopt rules, in accordance with Chapter 119. of the Revised Code,  3,701        

establishing standards required by section 3781.10 of the Revised  3,702        

Code relating to the conservation of energy, and establishing      3,703        

standards relating to the conservation of energy for all newly     3,704        

constructed one-family, two-family, and three-family dwellings.    3,705        

      As used in this section and section 3781.182 of the Revised  3,707        

Code, a building or dwelling shall be deemed "newly constructed"   3,708        

if erection of the building or dwelling commenced after the        3,709        

effective date of the rules adopted pursuant to this section and   3,710        

the building or dwelling had never been occupied or used for its   3,711        

intended purpose at the time of the completion of construction.    3,712        

      Architectural designs which THAT were not in violation of    3,714        

any rules of the board in effect on January 1, 1977, shall not be  3,715        

prohibited under any rules adopted by the board pursuant to this   3,716        

section.                                                           3,717        

      (B)  Rules adopted pursuant to this section shall be         3,719        

reviewed annually by the board and the board shall determine       3,720        

                                                          85     


                                                                 
whether new technology has been developed in the field of energy   3,721        

conservation during the preceding year which render its rules      3,722        

obsolete or inadequate.  If the board finds that new advances in   3,723        

technology have made its rules obsolete or inadequate, it shall    3,724        

amend the rules.  The board shall report to the general assembly   3,725        

annually concerning its review of its rules and the current state  3,726        

of the art in the area of conservation of energy in buildings.     3,727        

      (C)  RULES ADOPTED PURSUANT TO THIS SECTION SHALL SPECIFY    3,730        

THAT A MANUFACTURED HOME THAT COMPLIES WITH THE FEDERAL ENERGY     3,731        

STANDARDS SET FORTH IN 24 C.F.R. 3280 COMPLIES WITH THE ENERGY     3,733        

REQUIREMENTS FOR ONE-FAMILY, TWO-FAMILY, AND THREE-FAMILY          3,734        

DWELLINGS ESTABLISHED PURSUANT TO THIS SECTION.                    3,735        

      Sec. 3781.184.  (A)  EVERY MANUFACTURED HOME, AS DEFINED IN  3,738        

DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED CODE, SHALL BE   3,740        

CONSTRUCTED IN ACCORDANCE WITH THE FEDERAL CONSTRUCTION AND        3,741        

SAFETY STANDARDS ESTABLISHED BY THE SECRETARY OF HOUSING AND       3,742        

URBAN DEVELOPMENT PURSUANT TO THE "MANUFACTURED HOUSING            3,745        

CONSTRUCTION AND SAFETY STANDARDS ACT OF 1974," 88 STAT. 700, 42   3,748        

U.S.C.A. 5401, 5403.  THE FEDERAL STANDARDS SHALL BE THE           3,750        

EXCLUSIVE CONSTRUCTION AND SAFETY STANDARDS IN THIS STATE AND      3,752        

NEITHER THE STATE NOR ANY POLITICAL SUBDIVISION OF THE STATE MAY   3,753        

ESTABLISH ANY OTHER STANDARD GOVERNING THE CONSTRUCTION OF                      

MANUFACTURED HOMES.                                                3,754        

      (B) EVERY MANUFACTURED HOME CONSTRUCTED IN ACCORDANCE WITH   3,757        

THE FEDERAL STANDARDS SPECIFIED IN DIVISION (A) OF THIS SECTION,   3,758        

SHALL HAVE A PERMANENT LABEL OR TAG AFFIXED TO IT, AS SPECIFIED    3,759        

IN 42 U.S.C.A. 5415, CERTIFYING COMPLIANCE WITH THE FEDERAL        3,760        

CONSTRUCTION AND SAFETY STANDARDS.                                 3,761        

      (C)(1)  EVERY MANUFACTURED HOME THAT IS CONSTRUCTED IN       3,764        

ACCORDANCE WITH THE FEDERAL STANDARDS SPECIFIED IN DIVISION (A)    3,765        

OF THIS SECTION AND IS A PERMANENTLY SITED MANUFACTURED HOME AS    3,766        

DEFINED IN DIVISION (C)(6) OF SECTION 3781.06 OF THE REVISED CODE  3,768        

SHALL BE A PERMITTED USE IN ANY DISTRICT OR ZONE IN WHICH A        3,769        

POLITICAL SUBDIVISION PERMITS SINGLE-FAMILY HOMES, AND NO          3,770        

                                                          86     


                                                                 
POLITICAL SUBDIVISION MAY PROHIBIT OR RESTRICT THE LOCATION OF A   3,771        

PERMANENTLY SITED MANUFACTURED HOME IN ANY ZONE OR DISTRICT IN     3,772        

WHICH A SINGLE-FAMILY HOME IS PERMITTED.                                        

      (2)  THIS DIVISION DOES NOT LIMIT THE AUTHORITY OF A         3,774        

POLITICAL SUBDIVISION TO DO EITHER OF THE FOLLOWING:               3,775        

      (a)  REQUIRE THAT A PERMANENTLY SITED MANUFACTURED HOME      3,778        

COMPLY WITH ALL ZONING REQUIREMENTS THAT ARE UNIFORMLY IMPOSED ON  3,779        

ALL SINGLE-FAMILY RESIDENCES WITHIN THE DISTRICT OR ZONE IN WHICH               

THE PERMANENTLY SITED MANUFACTURED HOME IS OR IS TO BE LOCATED,    3,781        

EXCEPT REQUIREMENTS THAT SPECIFY A MINIMUM ROOF PITCH AND          3,782        

REQUIREMENTS THAT DO NOT COMPLY WITH THE STANDARDS ESTABLISHED     3,783        

PURSUANT TO THE "MANUFACTURED HOUSING CONSTRUCTION AND SAFETY      3,784        

STANDARDS ACT OF 1974," 88 STAT. 700, 42 U.S.C.A. 5401;            3,785        

      (b)  PROHIBIT FROM ANY RESIDENTIAL DISTRICT OR ZONE, TRAVEL  3,787        

TRAILERS, PARK TRAILERS, AND MOBILE HOMES, AS THESE TERMS ARE      3,788        

DEFINED IN SECTION 4501.01 OF THE REVISED CODE, AND MANUFACTURED   3,789        

HOMES THAT DO NOT QUALIFY AS PERMANENTLY SITED MANUFACTURED        3,790        

HOMES.                                                                          

      (D)  THIS SECTION DOES NOT PROHIBIT A PRIVATE LANDOWNER      3,793        

FROM INCORPORATING A RESTRICTIVE COVENANT IN A DEED, PROHIBITING   3,794        

THE INCLUSION ON THE CONVEYED LAND OF MANUFACTURED HOMES, AS       3,795        

DEFINED IN DIVISION (C)(4) OR (6) OF SECTION 3781.06 OF THE        3,797        

REVISED CODE, OR OF TRAVEL TRAILERS, PARK TRAILERS, AND MOBILE     3,799        

HOMES, AS DEFINED IN SECTION 4501.01 OF THE REVISED CODE.  THIS    3,801        

DIVISION DOES NOT CREATE A NEW CAUSE OF ACTION OR SUBSTANTIVE      3,802        

LEGAL RIGHT FOR A PRIVATE LANDOWNER TO INCORPORATE SUCH A          3,803        

RESTRICTIVE COVENANT IN A DEED.                                    3,804        

      Sec. 3791.04.  (A)  Before beginning the construction,       3,813        

erection, or manufacture of any building to which section 3781.06  3,814        

of the Revised Code is applicable, including all industrialized    3,815        

units, the owner thereof, in addition to any other submission of   3,816        

plans or drawings, specifications, and data required by law,       3,817        

shall submit the plans or drawings, specifications, and data       3,818        

prepared for the construction, erection, and equipment thereof,    3,819        

                                                          87     


                                                                 
or the alteration thereof or addition thereto, which plans or      3,820        

drawings, and specifications shall indicate thereon the portions   3,821        

that have been approved pursuant to section 3781.12 of the         3,822        

Revised Code, for which no further approval shall be required, to  3,823        

the municipal, township, or county building department having      3,824        

jurisdiction if such department has been certified as provided in  3,825        

division (E) of section 3781.10 of the Revised Code, and if there  3,826        

is no certified municipal, township, or county building            3,827        

department, to the superintendent of the division of industrial    3,828        

compliance, for approval.                                                       

      The seal of an architect registered under Chapter 4703. of   3,831        

the Revised Code or an engineer registered under Chapter 4733. of  3,832        

the Revised Code shall be required for any plans, drawings,                     

specifications, or data submitted for approval, unless the plans,  3,834        

drawings, specifications, or data may be prepared by persons       3,835        

other than registered architects pursuant to division (C) or (D)                

of section 4703.18 of the Revised Code, or by persons other than   3,836        

registered engineers pursuant to division (C) or (D) of section    3,837        

4733.18 of the Revised Code.                                       3,838        

      No seal shall be required for any plans, drawings,           3,840        

specifications, or data submitted for approval for any buildings   3,841        

or structures subject to the requirements of section 3781.181 of   3,842        

the Revised Code, exempt from the requirements of sections         3,843        

3781.06 to 3781.18 and 3791.04 of the Revised Code, or erected as  3,844        

industrialized one-, two-, or three-family units or structures     3,845        

within the meaning of "industrialized unit" as defined in section  3,846        

3781.10 3781.06 of the Revised Code.                               3,847        

      No seal shall be required for the installation of            3,849        

replacement equipment or systems that are similar in type or       3,850        

capacity to the equipment or systems being replaced.  No seal      3,851        

shall be required for approval for any new construction,           3,852        

improvement, alteration, repair, painting, decorating, or other    3,853        

modification of any buildings or structures subject to sections    3,854        

3781.06 to 3781.18 and 3791.04 of the Revised Code if the          3,855        

                                                          88     


                                                                 
proposed work does not involve technical design analysis, as       3,856        

defined by rule adopted by the board of building standards.        3,857        

      (B)  No owner shall proceed with the construction,           3,859        

erection, alteration, or equipment of any such building until      3,860        

such plans or drawings, specifications, and data have been so      3,861        

approved, or the industrialized unit inspected at the point of     3,862        

origin.  No plans or specifications shall be approved or           3,863        

inspection approval given unless the building represented thereby  3,864        

would, if constructed, repaired, erected, or equipped according    3,865        

to the same, comply with Chapters 3781. and 3791. of the Revised   3,866        

Code and any rule made under such chapters.                        3,867        

      (C)  The approval of plans or drawings and specifications    3,869        

or data pursuant to this section is invalid if construction,       3,870        

erection, alteration, or other work upon the building has not      3,871        

commenced within twelve months of the approval of the plans or     3,872        

drawings and specifications.  One extension shall be granted for   3,873        

an additional twelve-month period if requested by the owner at     3,874        

least ten days in advance of the expiration of the permit and      3,875        

upon payment of a fee not to exceed one hundred dollars.  If in    3,876        

the course of construction, work is delayed or suspended for more  3,877        

than six months, the approval of plans or drawings and             3,878        

specifications or data is invalid.  Two extensions shall be        3,879        

granted for six months each if requested by the owner at least     3,880        

ten days in advance of the expiration of the permit and upon       3,881        

payment of a fee for each extension of not more than one hundred   3,882        

dollars.  Before any work may continue on the construction,        3,883        

erection, alteration, or equipment of any building for which the   3,884        

approval is invalid, the owner of the building shall resubmit the  3,885        

plans or drawings and specifications for approval pursuant to      3,886        

this section.                                                      3,887        

      (D)  Subject to section 3791.042 of the Revised Code, the    3,889        

board of building standards or the legislative authority of a      3,890        

municipal corporation, township, or county, by rule, may regulate  3,891        

the requirements for the submission of plans and specifications    3,892        

                                                          89     


                                                                 
to the respective enforcing departments and for the processing of  3,893        

the same by such departments.  The board of building standards or  3,894        

the legislative authority of a municipal corporation, township,    3,895        

or county may adopt rules to provide for the approval, subject to  3,896        

section 3791.042 of the Revised Code, by the department having     3,897        

jurisdiction of the plans for construction of a foundation or any  3,898        

other part of a building or structure before the complete plans    3,899        

and specifications for the entire building or structure have been  3,900        

submitted.  When any plans are approved by the department having   3,901        

jurisdiction, the structure and every particular thereof           3,902        

represented by those plans and disclosed therein shall, in the     3,903        

absence of fraud or a serious safety or sanitation hazard, be      3,904        

conclusively presumed to comply with Chapters 3781. and 3791. of   3,905        

the Revised Code and any rule issued pursuant thereto, if          3,906        

constructed, altered, or repaired in accordance with those plans   3,907        

and any such rule in effect at the time of approval.               3,908        

      (E)  The approval of plans and specifications, including     3,910        

inspection of the industrialized units, under this section is a    3,911        

"license" and the failure to approve such plans or specifications  3,912        

as submitted or to inspect the unit at the point of origin within  3,913        

thirty days after the plans or specifications are filed, or the    3,914        

request for inspection of the industrialized unit is made, or the  3,915        

disapproval of such plans and specifications, or the refusal to    3,916        

approve such industrialized unit, following inspection at the      3,917        

point of origin is "an adjudication order denying the issuance of  3,918        

a license" requiring an "adjudication hearing" as provided by      3,919        

sections 119.07 to 119.13 of the Revised Code and as modified by   3,920        

sections 3781.031 and 3781.19 of the Revised Code.  An             3,921        

adjudication order denying the issuance of a license shall         3,922        

specify the reasons for such denial.                               3,923        

      (F)  The board of building standards shall not require the   3,925        

submission of site preparation plans or plot plans to the          3,926        

division of industrial compliance in situations where              3,927        

industrialized units are used exclusively as one-, two-, or        3,928        

                                                          90     


                                                                 
three-family dwellings.                                            3,929        

      (G)  Notwithstanding any procedures established by the       3,931        

board, the agency having jurisdiction, if it objects to any        3,932        

portion of the plans or specifications, upon the request of the    3,933        

owner or representative of the owner, may issue conditional        3,934        

approval to proceed with construction up to the point where there  3,935        

is objection.  Approval shall be issued only when the objection    3,936        

results from conflicting interpretations of the rules of the       3,937        

board of building standards rather than the application of         3,938        

specific technical requirements of the rules.  Approval shall not  3,939        

be issued where the correction of the objection would cause        3,940        

extensive changes in the building design or construction.  The     3,941        

giving of conditional approval is a "conditional license" to       3,942        

proceed with construction up to the point where construction or    3,943        

materials objected to by the agency are to be incorporated into    3,944        

the building.  No construction shall proceed beyond this point     3,945        

without the prior approval of the agency or another agency which   3,946        

conducts an adjudication hearing relative to the objection.  The   3,947        

agency having jurisdiction shall specify its objections to the     3,948        

plans or specifications, which is an "adjudication order denying   3,949        

the issuance of a license" and may be appealed pursuant to         3,950        

sections 119.07 to 119.13 of the Revised Code and as modified by   3,951        

sections 3781.031 and 3781.19 of the Revised Code.                 3,952        

      (H)  A certified municipal, township, or county building     3,954        

department having jurisdiction, or the superintendent of the       3,955        

division of industrial compliance, as appropriate, shall review    3,956        

any plans, drawings, specifications, or data described in this     3,957        

section that are submitted to it or to the superintendent.         3,958        

      (I)  No owner or persons having control as an officer, or    3,960        

as a member of a board or committee, or otherwise, of a building   3,961        

to which section 3781.06 of the Revised Code is applicable, and    3,962        

no architect, designer, engineer, builder, contractor,             3,963        

subcontractor, or any officer or employee of a municipal,          3,964        

township, or county building inspection department shall violate   3,965        

                                                          91     


                                                                 
this section.                                                      3,966        

      (J)  Whoever violates this section shall be fined not more   3,968        

than five hundred dollars.                                         3,969        

      Sec. 4501.01.  As used in this chapter and Chapters 4503.,   3,978        

4505., 4507., 4509., 4511., 4513., 4515., and 4517. of the         3,979        

Revised Code, and in the penal laws, except as otherwise           3,980        

provided:                                                          3,981        

      (A)  "Vehicles" means everything on wheels or runners,       3,983        

including motorized bicycles, but does not mean vehicles that are  3,984        

operated exclusively on rails or tracks or from overhead electric  3,985        

trolley wires and vehicles that belong to any police department,   3,986        

municipal fire department, or volunteer fire department, or that   3,987        

are used by such a department in the discharge of its functions.   3,988        

      (B)  "Motor vehicle" means any vehicle, including            3,990        

manufactured MOBILE homes and recreational vehicles, that is       3,991        

propelled or drawn by power other than muscular power or power     3,993        

collected from overhead electric trolley wires, except.  "MOTOR    3,994        

VEHICLE" DOES NOT INCLUDE motorized bicycles, road rollers,        3,996        

traction engines, power shovels, power cranes, and other                        

equipment used in construction work and not designed for or        3,997        

employed in general highway transportation, well-drilling          3,998        

machinery, ditch-digging machinery, farm machinery, trailers that  3,999        

are used to transport agricultural produce or agricultural         4,000        

production materials between a local place of storage or supply    4,001        

and the farm when drawn or towed on a public road or highway at a  4,002        

speed of twenty-five miles per hour or less, threshing machinery,  4,003        

hay-baling machinery, corn sheller, hammermill and agricultural    4,004        

tractors, machinery used in the production of horticultural,       4,005        

agricultural, and vegetable products, and trailers that are        4,006        

designed and used exclusively to transport a boat between a place  4,007        

of storage and a marina, or in and around a marina, when drawn or  4,008        

towed on a public road or highway for a distance of no more than   4,009        

ten miles and at a speed of twenty-five miles per hour or less.    4,010        

      (C)  "Agricultural tractor" and "traction engine" mean any   4,012        

                                                          92     


                                                                 
self-propelling vehicle that is designed or used for drawing       4,013        

other vehicles or wheeled machinery, but has no provisions for     4,014        

carrying loads independently of such other vehicles, and that is   4,015        

used principally for agricultural purposes.                        4,016        

      (D)  "Commercial tractor," except as defined in division     4,018        

(C) of this section, means any motor vehicle that has motive       4,019        

power and either is designed or used for drawing other motor       4,020        

vehicles, or is designed or used for drawing another motor         4,022        

vehicle while carrying a portion of the other motor vehicle or     4,023        

its load, or both.                                                              

      (E)  "Passenger car" means any motor vehicle that is         4,025        

designed and used for carrying not more than nine persons and      4,026        

includes any motor vehicle that is designed and used for carrying  4,027        

not more than fifteen persons in a ridesharing arrangement.        4,028        

      (F)  "Collector's vehicle" means any motor vehicle or        4,030        

agricultural tractor or traction engine that is of special         4,031        

interest, that has a fair market value of one hundred dollars or   4,032        

more, whether operable or not, and that is owned, operated,        4,033        

collected, preserved, restored, maintained, or used essentially    4,034        

as a collector's item, leisure pursuit, or investment, but not as  4,035        

the owner's principal means of transportation.  "Licensed          4,036        

collector's vehicle" means a collector's vehicle, other than an    4,037        

agricultural tractor or traction engine, that displays current,    4,038        

valid license tags issued under section 4503.45 of the Revised     4,039        

Code, or a similar type of motor vehicle that displays current,    4,040        

valid license tags issued under substantially equivalent           4,041        

provisions in the laws of other states.                            4,042        

      (G)  "Historical motor vehicle" means any motor vehicle      4,044        

that is over twenty-five years old and is owned solely as a        4,045        

collector's item and for participation in club activities,         4,046        

exhibitions, tours, parades, and similar uses, but that in no      4,047        

event is used for general transportation.                          4,048        

      (H)  "Noncommercial motor vehicle" means any motor vehicle,  4,050        

including a farm truck as defined in section 4503.04 of the        4,051        

                                                          93     


                                                                 
Revised Code, that is designed by the manufacturer to carry a      4,052        

load of no more than one ton and is used exclusively for purposes  4,053        

other than engaging in business for profit.                        4,054        

      (I)  "Bus" means any motor vehicle that has motor power and  4,057        

is designed and used for carrying more than nine passengers,                    

except any motor vehicle that is designed and used for carrying    4,058        

not more than fifteen passengers in a ridesharing arrangement.     4,059        

      (J)  "Commercial car" means any motor vehicle that has       4,061        

motor power and is designed and used for carrying merchandise or   4,062        

freight, or that is used as a commercial tractor.                  4,063        

      (K)  "Bicycle" means every device, other than a tricycle     4,065        

that is designed solely for use as a play vehicle by a child,      4,067        

that is propelled solely by human power upon which any person may  4,068        

ride, and that has either two tandem wheels, or one wheel in       4,069        

front and two wheels in the rear, any of which is more than        4,070        

fourteen inches in diameter.                                                    

      (L)  "Motorized bicycle" means any vehicle that either has   4,072        

two tandem wheels or one wheel in the front and two wheels in the  4,074        

rear, that is capable of being pedaled, and that is equipped with               

a helper motor of not more than fifty cubic centimeters piston     4,075        

displacement that produces no more than one brake horsepower and   4,076        

is capable of propelling the vehicle at a speed of no greater      4,077        

than twenty miles per hour on a level surface.                     4,078        

      (M)  "Trailer" means any vehicle without motive power that   4,081        

is designed or used for carrying property or persons wholly on                  

its own structure and for being drawn by a motor vehicle, and      4,082        

includes any such vehicle that is formed by or operated as a       4,083        

combination of a semitrailer and a vehicle of the dolly type such  4,084        

as that commonly known as a trailer dolly, a vehicle used to       4,085        

transport agricultural produce or agricultural production          4,086        

materials between a local place of storage or supply and the farm  4,087        

when drawn or towed on a public road or highway at a speed         4,088        

greater than twenty-five miles per hour, and a vehicle that is     4,089        

designed and used exclusively to transport a boat between a place  4,090        

                                                          94     


                                                                 
of storage and a marina, or in and around a marina, when drawn or  4,091        

towed on a public road or highway for a distance of more than ten  4,092        

miles or at a speed of more than twenty-five miles per hour.       4,093        

"Trailer" does not include a manufactured home or travel trailer.  4,094        

      (N)  "Noncommercial trailer" means any trailer, except a     4,096        

travel trailer or trailer that is used to transport a boat as      4,097        

described in division (B) of this section, but, where applicable,  4,098        

includes a vehicle that is used to transport a boat as described   4,099        

in division (M) of this section, that has a gross weight of no     4,100        

more than three thousand pounds, and that is used exclusively for  4,101        

purposes other than engaging in business for a profit.             4,102        

      (O)  "Manufactured MOBILE home" means any nonself-propelled  4,104        

vehicle transportable in one or more sections, which, in the       4,105        

traveling mode, is eight body feet or more in width or forty A     4,106        

BUILDING UNIT OR ASSEMBLY OF CLOSED CONSTRUCTION THAT IS           4,107        

FABRICATED IN AN OFF-SITE FACILITY, IS MORE THAN THIRTY-FIVE body  4,108        

feet or more in length or, when erected on site, is three hundred  4,109        

twenty or more square feet, and which is built on a permanent      4,110        

chassis and designed to be used as a dwelling with or without a    4,111        

permanent foundation when connected to the required utilities,     4,112        

and includes the plumbing, heating, air conditioning, and          4,113        

electrical systems contained therein.  Calculations used to        4,114        

determine the number of square feet in a structure are based on    4,115        

the structure's exterior dimensions measured at the largest        4,116        

horizontal projections when erected on site.  These dimensions     4,117        

include all expandable rooms, cabinets, and other projections      4,118        

containing interior space, but do not include bay windows, IS      4,119        

TRANSPORTABLE IN ONE OR MORE SECTIONS, AND DOES NOT QUALIFY AS A   4,121        

MANUFACTURED HOME AS DEFINED IN DIVISION (C)(4) OF SECTION                      

3781.06 OF THE REVISED CODE OR AS AN INDUSTRIALIZED UNIT AS        4,122        

DEFINED IN DIVISION (C)(3) OF SECTION 3781.06 OF THE REVISED       4,123        

CODE.                                                                           

      (P)  "Semitrailer" means any vehicle of the trailer type     4,125        

that does not have motive power and is so designed or used with    4,126        

                                                          95     


                                                                 
another and separate motor vehicle that in operation a part of     4,127        

its own weight or that of its load, or both, rests upon and is     4,128        

carried by the other vehicle furnishing the motive power for       4,129        

propelling itself and the vehicle referred to in this division,    4,130        

and includes, for the purpose only of registration and taxation    4,131        

under those chapters, any vehicle of the dolly type, such as a     4,132        

trailer dolly, that is designed or used for the conversion of a    4,133        

semitrailer into a trailer.                                        4,134        

      (Q)  "Recreational vehicle" means a vehicular portable       4,136        

structure that is designed and constructed to be used as a         4,137        

temporary dwelling for travel, recreational, and vacation uses     4,138        

and is classed as follows:                                         4,139        

      (1)  "Travel trailer" means a nonself-propelled              4,141        

recreational vehicle that does not exceed an overall length of     4,142        

thirty-five feet, exclusive of bumper and tongue or coupling, and  4,143        

CONTAINS LESS THAN THREE HUNDRED TWENTY SQUARE FEET OF SPACE WHEN  4,144        

ERECTED ON SITE.  "TRAVEL TRAILER" includes a tent-type fold-out   4,146        

camping trailer as defined in section 4517.01 of the Revised       4,147        

Code.                                                                           

      (2)  "Motor home" means a self-propelled recreational        4,149        

vehicle that is constructed with permanently installed facilities  4,150        

for cold storage, cooking and consuming of food, and for           4,151        

sleeping.                                                                       

      (3)  "Truck camper" means a nonself-propelled recreational   4,153        

vehicle that does not have wheels for road use and is designed to  4,154        

be placed upon and attached to a motor vehicle.  "Truck camper"    4,155        

does not include truck covers that consist of walls and a roof,    4,156        

but do not have floors and facilities enabling them to be used as  4,157        

a dwelling.                                                                     

      (4)  "Fifth wheel trailer" means a vehicle that is of such   4,159        

size and weight as to be movable without a special highway         4,160        

permit, that has a gross trailer area of four hundred square feet  4,161        

or less, that is constructed with a raised forward section that    4,162        

allows a bi-level floor plan, and that is designed to be towed by               

                                                          96     


                                                                 
a vehicle equipped with a fifth-wheel hitch ordinarily installed   4,163        

in the bed of a truck.                                             4,164        

      (5)  "Park trailer" means a vehicle that is commonly known   4,166        

as a park model recreational vehicle, meets the American national  4,167        

standard institute standard A119.5 (1988) for park trailers, is    4,168        

built on a single chassis, has a gross trailer area of four        4,169        

hundred square feet or less when set up, is designed for seasonal  4,170        

or temporary living quarters, and may be connected to utilities                 

necessary for the operation of installed features and appliances.  4,171        

      (R)  "Pneumatic tires" means tires of rubber and fabric or   4,173        

tires of similar material, that are inflated with air.             4,174        

      (S)  "Solid tires" means tires of rubber or similar elastic  4,176        

material that are not dependent upon confined air for support of   4,177        

the load.                                                                       

      (T)  "Solid tire vehicle" means any vehicle that is          4,179        

equipped with two or more solid tires.                             4,180        

      (U)  "Farm machinery" means all machines and tools that are  4,182        

used in the production, harvesting, and care of farm products,     4,183        

and includes trailers that are used to transport agricultural      4,184        

produce or agricultural production materials between a local       4,185        

place of storage or supply and the farm when drawn or towed on a   4,186        

public road or highway at a speed of twenty-five miles per hour    4,187        

or less.                                                                        

      (V)  "Owner" includes any person, firm, or corporation       4,189        

other than a manufacturer or dealer that has title to a motor      4,190        

vehicle, except that in sections 4505.01 to 4505.19 of the         4,191        

Revised Code, "owner" includes in addition manufacturers and       4,192        

dealers.                                                                        

      (W)  "Manufacturer" and "dealer" include all persons,        4,194        

firms, and corporations that are regularly engaged in the          4,195        

business of manufacturing, selling, displaying, offering for       4,196        

sale, or dealing in motor vehicles, at an established place of     4,197        

business that is used exclusively for the purpose of               4,198        

manufacturing, selling, displaying, offering for sale, or dealing  4,199        

                                                          97     


                                                                 
in motor vehicles.  A place of business that is used for           4,200        

manufacturing, selling, displaying, offering for sale, or dealing  4,201        

in motor vehicles shall be deemed to be used exclusively for       4,202        

those purposes even though snowmobiles or all-purpose vehicles     4,203        

are sold or displayed for sale thereat, even though farm           4,204        

machinery is sold or displayed for sale thereat, or even though    4,205        

repair, accessory, gasoline and oil, storage, parts, service, or   4,206        

paint departments are maintained thereat, or, in any county        4,207        

having a population of less than seventy-five thousand persons at  4,208        

the last federal census, even though a department in a place of    4,209        

business is used to dismantle, salvage, or rebuild motor vehicles  4,210        

by means of used parts, if such departments are operated for the   4,211        

purpose of furthering and assisting in the business of             4,212        

manufacturing, selling, displaying, offering for sale, or dealing  4,213        

in motor vehicles.  Places of business or departments in a place   4,214        

of business used to dismantle, salvage, or rebuild motor vehicles  4,215        

by means of using used parts are not considered as being           4,216        

maintained for the purpose of assisting or furthering the          4,217        

manufacturing, selling, displaying, and offering for sale or       4,218        

dealing in motor vehicles.                                                      

      (X)  "Operator" includes any person who drives or operates   4,220        

a motor vehicle upon the public highways.                          4,221        

      (Y)  "Chauffeur" means any operator who operates a motor     4,223        

vehicle, other than a taxicab, as an employee for hire; or any     4,224        

operator whether or not the owner of a motor vehicle, other than   4,225        

a taxicab, who operates such vehicle for transporting, for gain,   4,226        

compensation, or profit, either persons or property owned by       4,227        

another.  Any operator of a motor vehicle who is voluntarily       4,228        

involved in a ridesharing arrangement is not considered an         4,229        

employee for hire or operating such vehicle for gain,              4,230        

compensation, or profit.                                                        

      (Z)  "State" includes the territories and federal districts  4,232        

of the United States, and the provinces of Canada.                 4,233        

      (AA)  "Public roads and highways" for vehicles includes all  4,235        

                                                          98     


                                                                 
public thoroughfares, bridges, and culverts.                       4,236        

      (BB)  "Manufacturer's number" means the manufacturer's       4,238        

original serial number that is affixed to or imprinted upon the    4,239        

chassis or other part of the motor vehicle.                        4,240        

      (CC)  "Motor number" means the manufacturer's original       4,242        

number that is affixed to or imprinted upon the engine or motor    4,243        

of the vehicle.                                                    4,244        

      (DD)  "Bill of sale" means the written statement or          4,246        

document of transfer or conveyance required prior to January 1,    4,247        

1938, to be executed and delivered by the corporation,             4,248        

partnership, association, or person selling, giving away,          4,249        

transferring, or passing title to a motor vehicle.                 4,250        

      (EE)  "Distributor" means any person who is authorized by a  4,252        

motor vehicle manufacturer to distribute new motor vehicles to     4,253        

licensed motor vehicle dealers at an established place of          4,254        

business that is used exclusively for the purpose of distributing  4,255        

new motor vehicles to licensed motor vehicle dealers, except when  4,256        

the distributor also is a new motor vehicle dealer, in which case  4,257        

the distributor may distribute at the location of the              4,258        

distributor's licensed dealership.                                 4,259        

      (FF)  "Ridesharing arrangement" means the transportation of  4,261        

persons in a motor vehicle where the transportation is incidental  4,263        

to another purpose of a volunteer driver and includes ridesharing  4,264        

arrangements known as carpools, vanpools, and buspools.            4,265        

      (GG)  "Apportionable vehicle" means any vehicle that is      4,267        

used or intended for use in two or more international              4,268        

registration plan member jurisdictions that allocate or            4,269        

proportionally register vehicles, that is used for the             4,270        

transportation of persons for hire or designed, used, or           4,271        

maintained primarily for the transportation of property, and that  4,272        

meets any of the following qualifications:                                      

      (1)  Is a power unit having a gross vehicle weight in        4,274        

excess of twenty-six thousand pounds;                              4,275        

      (2)  Is a power unit having three or more axles, regardless  4,277        

                                                          99     


                                                                 
of the gross vehicle weight;                                       4,278        

      (3)  Is a combination vehicle with a gross vehicle weight    4,280        

in excess of twenty-six thousand pounds.                           4,281        

      "Apportionable vehicle" does not include recreational        4,283        

vehicles, vehicles displaying restricted plates, city pick-up and  4,284        

delivery vehicles, buses used for the transportation of chartered  4,285        

parties, or vehicles owned and operated by the United States,      4,286        

this state, or any political subdivisions thereof.                 4,287        

      (HH)  "Chartered party" means a group of persons who         4,289        

contract as a group to acquire the exclusive use of a              4,290        

passenger-carrying motor vehicle at a fixed charge for the         4,291        

vehicle in accordance with the carrier's tariff, lawfully on file  4,292        

with the United States department of transportation, for the       4,294        

purpose of group travel to a specified destination or for a        4,295        

particular itinerary, either agreed upon in advance or modified    4,296        

by the chartered group after having left the place of origin.      4,297        

      (II)  "International registration plan" means a reciprocal   4,299        

agreement of member jurisdictions that is endorsed by the          4,300        

American association of motor vehicle administrators, and that     4,301        

promotes and encourages the fullest possible use of the highway    4,302        

system by authorizing apportioned registration of fleets of        4,303        

vehicles and recognizing registration of vehicles apportioned in   4,304        

member jurisdictions.                                              4,305        

      (JJ)  "Restricted plate" means a license plate that has a    4,307        

restriction of time, geographic area, mileage, or commodity, and   4,308        

includes license plates issued to farm trucks under division (K)   4,309        

of section 4503.04 of the Revised Code.                            4,310        

      (KK)  "Gross vehicle weight," with regard to any commercial  4,312        

car, trailer, semitrailer, or bus that is taxed at the rates       4,313        

established under section 4503.042 of the Revised Code, means the  4,314        

unladen weight of the vehicle fully equipped plus the maximum      4,315        

weight of the load to be carried on the vehicle.                   4,316        

      (LL)  "Combined gross vehicle weight" with regard to any     4,318        

combination of a commercial car, trailer, and semitrailer, that    4,319        

                                                          100    


                                                                 
is taxed at the rates established under section 4503.042 of the    4,320        

Revised Code, means the total unladen weight of the combination    4,321        

of vehicles fully equipped plus the maximum weight of the load to  4,322        

be carried on that combination of vehicles.                        4,323        

      (MM)  "Chauffeured limousine" means a motor vehicle that is  4,326        

designed to carry nine or fewer passengers and is operated for     4,327        

hire on an hourly basis pursuant to a prearranged contract for     4,328        

the transportation of passengers on public roads and highways      4,329        

along a route under the control of the person hiring the vehicle   4,330        

and not over a defined and regular route.  "Prearranged contract"  4,331        

means an agreement, made in advance of boarding, to provide        4,332        

transportation from a specific location in a chauffeured           4,333        

limousine at a fixed rate per hour or trip.  "Chauffeured          4,334        

limousine" does not include any vehicle that is used exclusively   4,335        

in the business of funeral directing.                              4,336        

      (NN)  "MANUFACTURED HOME" HAS THE SAME MEANING AS IN         4,339        

DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED CODE.            4,340        

      (OO)  "ACQUIRED SITUS," WITH RESPECT TO A MANUFACTURED HOME  4,343        

OR A MOBILE HOME, MEANS TO BECOME LOCATED IN THIS STATE PURSUANT   4,344        

TO THE ISSUANCE OF A CERTIFICATE OF TITLE FOR THE HOME AND THE     4,345        

PLACEMENT OF THE HOME ON REAL PROPERTY, BUT DOES NOT INCLUDE THE   4,346        

PLACEMENT OF A MANUFACTURED HOME OR A MOBILE HOME IN THE           4,347        

INVENTORY OF A NEW MOTOR VEHICLE DEALER OR THE INVENTORY OF A      4,348        

MANUFACTURER, REMANUFACTURER, OR DISTRIBUTOR OF MANUFACTURED OR    4,349        

MOBILE HOMES.                                                      4,350        

      Sec. 4503.04.  Until the rates established under section     4,359        

4503.042 of the Revised Code for the registration of commercial    4,360        

cars, trailers, semitrailers, and buses other than transit buses   4,361        

become operative, the rates of the taxes imposed by section        4,362        

4503.02 of the Revised Code shall be as follows:                   4,363        

      (A)  For motor vehicles having three wheels or less, the     4,365        

license tax is:                                                    4,366        

      (1)  For each motorized bicycle, ten dollars;                4,368        

      (2)  For each motorcycle, fourteen dollars.                  4,370        

                                                          101    


                                                                 
      (B)  For each passenger car, twenty dollars;                 4,372        

      (C)  For each manufactured home, EACH MOBILE HOME, and each  4,374        

travel trailer, ten dollars;                                       4,376        

      (D)  For each noncommercial motor vehicle designed by the    4,378        

manufacturer to carry a load of no more than three-quarters of     4,379        

one ton and for each motor home, thirty-five dollars; for each     4,380        

noncommercial motor vehicle designed by the manufacturer to carry  4,381        

a load of no more than three-quarters of one ton, but not more     4,382        

than one ton, seventy dollars;                                     4,383        

      (E)  For each commercial car and for each trailer or         4,385        

semitrailer, except a manufactured OR MOBILE home or               4,386        

noncommercial trailer, which shall not be taxed by this division,  4,387        

the license tax is fifteen dollars plus:                           4,388        

      (1)  Eighty-five cents for each one hundred pounds or part   4,390        

thereof for the first two thousand pounds or part thereof of       4,391        

weight of vehicle fully equipped;                                  4,392        

      (2)  One dollar and forty cents for each one hundred pounds  4,394        

or part thereof in excess of two thousand pounds up to and         4,395        

including three thousand pounds;                                   4,396        

      (3)  One dollar and ninety cents for each one hundred        4,398        

pounds or part thereof in excess of three thousand pounds up to    4,399        

and including four thousand pounds;                                4,400        

      (4)  Two dollars and twenty cents for each one hundred       4,402        

pounds or part thereof in excess of four thousand pounds up to     4,403        

and including five thousand pounds;                                4,404        

      (5)  Two dollars and forty cents for each one hundred        4,406        

pounds or part thereof in excess of five thousand pounds up to     4,407        

and including six thousand pounds;                                 4,408        

      (6)  Two dollars and eighty cents for each one hundred       4,410        

pounds or part thereof in excess of six thousand pounds up to and  4,411        

including ten thousand pounds;                                     4,412        

      (7)  Three dollars for each one hundred pounds or part       4,414        

thereof in excess of ten thousand pounds up to and including       4,415        

twelve thousand pounds;                                            4,416        

                                                          102    


                                                                 
      (8)  Three dollars and twenty-five cents for each one        4,418        

hundred pounds or part thereof in excess of twelve thousand        4,419        

pounds.                                                            4,420        

      (F)  For each noncommercial trailer, the license tax is:     4,422        

      (1)  Eighty-five cents for each one hundred pounds or part   4,424        

thereof for the first two thousand pounds or part thereof of       4,425        

weight of vehicle fully equipped;                                  4,426        

      (2)  One dollar and forty cents for each one hundred pounds  4,428        

or part thereof in excess of two thousand pounds up to and         4,429        

including three thousand pounds.                                   4,430        

      (G)  Notwithstanding its weight, twelve dollars for any:     4,432        

      (1)  Vehicle equipped, owned, and used by a charitable or    4,434        

nonprofit corporation exclusively for the purpose of               4,435        

administering chest x-rays or receiving blood donations;           4,436        

      (2)  Van used principally for the transportation of          4,438        

handicapped persons that has been modified by being equipped with  4,439        

adaptive equipment to facilitate the movement of such persons      4,440        

into and out of the van.                                           4,441        

      (H)  For each bus, except a transit bus, having motor power  4,443        

the license tax is:                                                4,444        

      (1)  Eighty-five cents per one hundred pounds or part        4,446        

thereof for the first two thousand pounds or part thereof of       4,447        

weight of vehicle fully equipped;                                  4,448        

      (2)  One dollar and thirty cents for each one hundred        4,450        

pounds or part thereof in excess of two thousand pounds up to and  4,451        

including three thousand pounds;                                   4,452        

      (3)  One dollar and eighty cents for each one hundred        4,454        

pounds or part thereof in excess of three thousand pounds up to    4,455        

and including four thousand pounds;                                4,456        

      (4)  Two dollars and ten cents for each one hundred pounds   4,458        

or part thereof in excess of four thousand pounds up to and        4,459        

including six thousand pounds;                                     4,460        

      (5)  Two dollars and forty cents for each one hundred        4,462        

pounds or part thereof in excess of six thousand pounds up to and  4,463        

                                                          103    


                                                                 
including ten thousand pounds;                                     4,464        

      (6)  Two dollars and seventy cents for each one hundred      4,466        

pounds or part thereof in excess of ten thousand pounds;           4,467        

      (7)  Notwithstanding its weight, twelve dollars for any bus  4,469        

used principally for the transportation of handicapped persons or  4,470        

persons sixty-five years of age or older;                          4,471        

      (8)  Notwithstanding its weight, twenty dollars for any bus  4,473        

used principally for the transportation of persons in a            4,474        

ridesharing arrangement.                                           4,475        

      (I)  For each transit bus having motor power the license     4,477        

tax is twelve dollars.                                             4,478        

      "Transit bus" means either a motor vehicle having a seating  4,480        

capacity of more than seven persons which is operated and used by  4,481        

any person in the rendition of a public mass transportation        4,482        

service primarily in a municipal corporation or municipal          4,483        

corporations and provided at least seventy-five per cent of the    4,484        

annual mileage of such service and use is within such municipal    4,485        

corporation or municipal corporations or a motor vehicle having a  4,486        

seating capacity of more than seven persons which is operated      4,487        

solely for the transportation of persons associated with a         4,488        

charitable or nonprofit corporation, but does not mean any motor   4,489        

vehicle having a seating capacity of more than seven persons when  4,490        

such vehicle is used in a ridesharing capacity.                    4,491        

      The application for registration of such transit bus shall   4,493        

be accompanied by an affidavit prescribed by the registrar of      4,494        

motor vehicles and signed by the person or an agent of the firm    4,495        

or corporation operating such bus stating that the bus has a       4,496        

seating capacity of more than seven persons, and that it is        4,497        

either to be operated and used in the rendition of a public mass   4,498        

transportation service and that at least seventy-five per cent of  4,499        

the annual mileage of such operation and use shall be within one   4,500        

or more municipal corporations or that it is to be operated        4,501        

solely for the transportation of persons associated with a         4,502        

charitable or nonprofit corporation.                               4,503        

                                                          104    


                                                                 
      The form of the license plate, and the manner of its         4,505        

attachment to the vehicle, shall be prescribed by the registrar    4,506        

of motor vehicles.                                                 4,507        

      (J)  The minimum tax for any vehicle having motor power      4,509        

other than a farm truck, a motorized bicycle, or motorcycle is     4,510        

ten dollars and eighty cents, and for each noncommercial trailer,  4,511        

five dollars.                                                      4,512        

      (K)(1)  Except as otherwise provided in division (K) of      4,514        

this section, for each farm truck, except a noncommercial motor    4,515        

vehicle, that is owned, controlled, or operated by one or more     4,516        

farmers exclusively in farm use as defined in this section, and    4,517        

not for commercial purposes, and provided that at least            4,518        

seventy-five per cent of such farm use is by or for the one or     4,519        

more owners, controllers, or operators of the farm in the          4,520        

operation of which a farm truck is used, the license tax is five   4,521        

dollars plus:                                                      4,522        

      (a)  Fifty cents per one hundred pounds or part thereof for  4,524        

the first three thousand pounds;                                   4,525        

      (b)  Seventy cents per one hundred pounds or part thereof    4,527        

in excess of three thousand pounds up to and including four        4,528        

thousand pounds;                                                   4,529        

      (c)  Ninety cents per one hundred pounds or part thereof in  4,531        

excess of four thousand pounds up to and including six thousand    4,532        

pounds;                                                            4,533        

      (d)  Two dollars for each one hundred pounds or part         4,535        

thereof in excess of six thousand pounds up to and including ten   4,536        

thousand pounds;                                                   4,537        

      (e)  Two dollars and twenty-five cents for each one hundred  4,539        

pounds or part thereof in excess of ten thousand pounds;           4,540        

      (f)  The minimum license tax for any farm truck shall be     4,542        

twelve dollars.                                                    4,543        

      (2)  The owner of a farm truck may register the truck for a  4,545        

period of one-half year by paying one-half the registration tax    4,546        

imposed on the truck under this chapter and one-half the amount    4,547        

                                                          105    


                                                                 
of any tax imposed on the truck under Chapter 4504. of the         4,548        

Revised Code.                                                      4,549        

      (3)  A farm bus may be registered for a period of ninety     4,551        

days from the date of issue of the license plates for the bus,     4,552        

for a fee of ten dollars, provided such license plates shall not   4,553        

be issued for more than any two ninety-day periods in any          4,554        

calendar year.  Such use does not include the operation of trucks  4,555        

by commercial processors of agricultural products.                 4,556        

      (4)  License plates for farm trucks and for farm buses       4,558        

shall have some distinguishing marks, letters, colors, or other    4,559        

characteristics to be determined by the director of public         4,560        

safety.                                                            4,561        

      (5)  Every person registering a farm truck or bus under      4,563        

this section shall furnish an affidavit certifying that the truck  4,564        

or bus licensed to him THAT PERSON is to be so used as to meet     4,565        

the requirements necessary for the farm truck or farm bus          4,567        

classification.                                                    4,568        

      Any farmer may use his A truck OWNED BY THE FARMER for       4,570        

commercial purposes by paying the difference between the           4,572        

commercial truck registration fee and the farm truck registration  4,573        

fee for the remaining part of the registration period for which    4,574        

the truck is registered.  Such remainder shall be calculated from  4,575        

the beginning of the semiannual period in which application for    4,576        

such commercial license is made.                                   4,577        

      Taxes at the rates provided in this section are in lieu of   4,579        

all taxes on or with respect to the ownership of such motor        4,580        

vehicles, except as provided in section 4503.042 and section       4,581        

4503.06 of the Revised Code.                                       4,582        

      (L)  Other than trucks registered under the international    4,584        

registration plan in another jurisdiction and for which this       4,585        

state has received an apportioned registration fee, the license    4,586        

tax for each truck which is owned, controlled, or operated by a    4,587        

nonresident, and licensed in another state, and which is used      4,588        

exclusively for the transportation of nonprocessed agricultural    4,589        

                                                          106    


                                                                 
products intrastate, from the place of production to the place of  4,590        

processing, is twenty-four dollars.                                4,591        

      "Truck," as used in this division, means any pickup truck,   4,593        

straight truck, semitrailer, or trailer other than a travel        4,594        

trailer.  Nonprocessed agricultural products, as used in this      4,595        

division, does not include livestock or grain.                     4,596        

      A license issued under this division shall be issued for a   4,598        

period of one hundred thirty days in the same manner in which all  4,599        

other licenses are issued under this section, provided that no     4,600        

truck shall be so licensed for more than one one hundred           4,601        

thirty-day period during any calendar year.                        4,602        

      The license issued pursuant to this division shall consist   4,604        

of a windshield decal to be designed by the director of public     4,605        

safety.                                                            4,606        

      Every person registering a truck under this division shall   4,608        

furnish an affidavit certifying that the truck licensed to him     4,609        

THE PERSON is to be used exclusively for the purposes specified    4,611        

in this division.                                                  4,612        

      (M)  Every person registering a motor vehicle as a           4,614        

noncommercial motor vehicle as defined in section 4501.01 of the   4,615        

Revised Code, or registering a trailer as a noncommercial trailer  4,616        

as defined in that section, shall furnish an affidavit certifying  4,617        

that the motor vehicle or trailer so licensed to him THE PERSON    4,618        

is to be so used as to meet the requirements necessary for the     4,620        

noncommercial vehicle classification.                              4,621        

      (N)  Every person registering a van or bus as provided in    4,623        

divisions (G)(2) and (H)(7) of this section shall furnish a        4,624        

notarized statement certifying that the van or bus licensed to     4,625        

him THE PERSON is to be used for the purposes specified in those   4,626        

divisions. The form of the license plate issued for such motor     4,628        

vehicles shall be prescribed by the registrar.                     4,629        

      (O)  Every person registering as a passenger car a motor     4,631        

vehicle designed and used for carrying more than nine but not      4,632        

more than fifteen passengers, and every person registering a bus   4,633        

                                                          107    


                                                                 
as provided in division (H)(8) of this section, shall furnish an   4,634        

affidavit certifying that the vehicle so licensed to him THE       4,635        

PERSON is to be used in a ridesharing arrangement and that he THE  4,637        

PERSON will have in effect whenever the vehicle is used in a       4,639        

ridesharing arrangement a policy of liability insurance with       4,640        

respect to the motor vehicle in amounts and coverages no less      4,641        

than those required by section 4509.79 of the Revised Code.  The   4,642        

form of the license plate issued for such a motor vehicle shall    4,643        

be prescribed by the registrar.                                    4,644        

      (P)  As used in this section:                                4,646        

      (1)  "Van" means any motor vehicle having a single rear      4,648        

axle and an enclosed body without a second seat.                   4,649        

      (2)  "Handicapped person" means any person who has lost the  4,651        

use of one or both legs, or one or both arms, or is blind, deaf,   4,652        

or so severely disabled as to be unable to move about without the  4,653        

aid of crutches or a wheelchair.                                   4,654        

      (3)  "Farm truck" means a truck used in the transportation   4,656        

from the farm of products of the farm, including livestock and     4,657        

its products, poultry and its products, floricultural and          4,658        

horticultural products, and in the transportation to the farm of   4,659        

supplies for the farm, including tile, fence, and every other      4,660        

thing or commodity used in agricultural, floricultural,            4,661        

horticultural, livestock, and poultry production and livestock,    4,662        

poultry, and other animals and things used for breeding, feeding,  4,663        

or other purposes connected with the operation of the farm.        4,664        

      (4)  "Farm bus" means a bus used only for the                4,666        

transportation of agricultural employees and used only in the      4,667        

transportation of such employees as are necessary in the           4,668        

operation of the farm.                                             4,669        

      (5)  "Farm supplies" includes fuel used exclusively in the   4,671        

operation of a farm, including one or more homes located on and    4,672        

used in the operation of one or more farms, and furniture and      4,673        

other things used in and around such homes.                        4,674        

      Sec. 4503.042.  The registrar of motor vehicles shall adopt  4,683        

                                                          108    


                                                                 
rules establishing the date, subsequent to this state's entry      4,684        

into membership in the international registration plan, when the   4,685        

rates established by this section become operative.                4,686        

      (A)  The rates of the taxes imposed by section 4503.02 of    4,688        

the Revised Code are as follows for commercial cars having a       4,689        

gross vehicle weight or combined gross vehicle weight of:          4,690        

      (1)  Not more than two thousand pounds, forty-five dollars;  4,692        

      (2)  More than two thousand but not more than six thousand   4,694        

pounds, seventy dollars;                                           4,695        

      (3)  More than six thousand but not more than ten thousand   4,697        

pounds, eighty-five dollars;                                       4,698        

      (4)  More than ten thousand but not more than fourteen       4,700        

thousand pounds, one hundred five dollars;                         4,701        

      (5)  More than fourteen thousand but not more than eighteen  4,703        

thousand pounds, one hundred twenty-five dollars;                  4,704        

      (6)  More than eighteen thousand but not more than           4,706        

twenty-two thousand pounds, one hundred fifty dollars;             4,707        

      (7)  More than twenty-two thousand but not more than         4,709        

twenty-six thousand pounds, one hundred seventy-five dollars;      4,710        

      (8)  More than twenty-six thousand but not more than thirty  4,712        

thousand pounds, three hundred fifty-five dollars;                 4,713        

      (9)  More than thirty thousand but not more than             4,715        

thirty-four thousand pounds, four hundred twenty dollars;          4,716        

      (10)  More than thirty-four thousand but not more than       4,718        

thirty-eight thousand pounds, four hundred eighty dollars;         4,719        

      (11)  More than thirty-eight thousand but not more than      4,721        

forty-two thousand pounds, five hundred forty dollars;             4,722        

      (12)  More than forty-two thousand but not more than         4,724        

forty-six thousand pounds, six hundred dollars;                    4,725        

      (13)  More than forty-six thousand but not more than fifty   4,727        

thousand pounds, six hundred sixty dollars;                        4,728        

      (14)  More than fifty thousand but not more than fifty-four  4,730        

thousand pounds, seven hundred twenty-five dollars;                4,731        

      (15)  More than fifty-four thousand but not more than        4,733        

                                                          109    


                                                                 
fifty-eight thousand pounds, seven hundred eighty-five dollars;    4,734        

      (16)  More than fifty-eight thousand but not more than       4,736        

sixty-two thousand pounds, eight hundred fifty-five dollars;       4,737        

      (17)  More than sixty-two thousand but not more than         4,739        

sixty-six thousand pounds, nine hundred twenty-five dollars;       4,740        

      (18)  More than sixty-six thousand but not more than         4,742        

seventy thousand pounds, nine hundred ninety-five dollars;         4,743        

      (19)  More than seventy thousand but not more than           4,745        

seventy-four thousand pounds, one thousand eighty dollars;         4,746        

      (20)  More than seventy-four thousand but not more than      4,748        

seventy-eight thousand pounds, one thousand two hundred dollars;   4,749        

      (21)  More than seventy-eight thousand pounds, one thousand  4,751        

three hundred forty dollars.                                       4,752        

      (B)  The rates of the taxes imposed by section 4503.02 of    4,754        

the Revised Code are as follows for buses having a gross vehicle   4,755        

weight or combined gross vehicle weight of:                        4,756        

      (1)  Not more than two thousand pounds, ten dollars;         4,758        

      (2)  More than two thousand but not more than six thousand   4,760        

pounds, forty dollars;                                             4,761        

      (3)  More than six thousand but not more than ten thousand   4,763        

pounds, one hundred dollars;                                       4,764        

      (4)  More than ten thousand but not more than fourteen       4,766        

thousand pounds, one hundred eighty dollars;                       4,767        

      (5)  More than fourteen thousand but not more than eighteen  4,769        

thousand pounds, two hundred sixty dollars;                        4,770        

      (6)  More than eighteen thousand but not more than           4,772        

twenty-two thousand pounds, three hundred forty dollars;           4,773        

      (7)  More than twenty-two thousand but not more than         4,775        

twenty-six thousand pounds, four hundred twenty dollars;           4,776        

      (8)  More than twenty-six thousand but not more than thirty  4,778        

thousand pounds, five hundred dollars;                             4,779        

      (9)  More than thirty thousand but not more than             4,781        

thirty-four thousand pounds, five hundred eighty dollars;          4,782        

      (10)  More than thirty-four thousand but not more than       4,784        

                                                          110    


                                                                 
thirty-eight thousand pounds, six hundred sixty dollars;           4,785        

      (11)  More than thirty-eight thousand but not more than      4,787        

forty-two thousand pounds, seven hundred forty dollars;            4,788        

      (12)  More than forty-two thousand but not more than         4,790        

forty-six thousand pounds, eight hundred twenty dollars;           4,791        

      (13)  More than forty-six thousand but not more than fifty   4,793        

thousand pounds, nine hundred forty dollars;                       4,794        

      (14)  More than fifty thousand but not more than fifty-four  4,796        

thousand pounds, one thousand dollars;                             4,797        

      (15)  More than fifty-four thousand but not more than        4,799        

fifty-eight thousand pounds, one thousand ninety dollars;          4,800        

      (16)  More than fifty-eight thousand but not more than       4,802        

sixty-two thousand pounds, one thousand one hundred eighty         4,803        

dollars;                                                           4,804        

      (17)  More than sixty-two thousand but not more than         4,806        

sixty-six thousand pounds, one thousand two hundred seventy        4,807        

dollars;                                                           4,808        

      (18)  More than sixty-six thousand but not more than         4,810        

seventy thousand pounds, one thousand three hundred sixty          4,811        

dollars;                                                           4,812        

      (19)  More than seventy thousand but not more than           4,814        

seventy-four thousand pounds, one thousand four hundred fifty      4,815        

dollars;                                                           4,816        

      (20)  More than seventy-four thousand but not more than      4,818        

seventy-eight thousand pounds, one thousand five hundred forty     4,819        

dollars;                                                           4,820        

      (21)  More than seventy-eight thousand pounds, one thousand  4,822        

six hundred thirty dollars.                                        4,823        

      (C)  In addition to the license taxes imposed at the rates   4,825        

specified in divisions (A) and (B) of this section, an             4,826        

administrative fee of two dollars and twenty-five cents, plus an   4,827        

appropriate amount to cover the cost of postage, shall be          4,828        

collected by the registrar for each international registration     4,829        

plan license processed by him THE REGISTRAR.                       4,830        

                                                          111    


                                                                 
      (D)  The rate of the tax for each trailer and semitrailer    4,832        

is twenty-five dollars.                                            4,833        

      (E)  The rates established by this section shall not apply   4,835        

to any of the following:                                           4,836        

      (1)  Vehicles equipped, owned, and used by a charitable or   4,838        

nonprofit corporation exclusively for the purpose of               4,839        

administering chest x-rays or receiving blood donations;           4,840        

      (2)  Vans used principally for the transportation of         4,842        

handicapped persons that have been modified by being equipped      4,843        

with adaptive equipment to facilitate the movement of such         4,844        

persons into and out of the vans;                                  4,845        

      (3)  Buses used principally for the transportation of        4,847        

handicapped persons or persons sixty-five years of age or older;   4,848        

      (4)  Buses used principally for the transportation of        4,850        

persons in a ridesharing arrangement;                              4,851        

      (5)  Transit buses having motor power;                       4,853        

      (6)  Noncommercial trailers, MOBILE HOMES, or manufactured   4,855        

homes.                                                             4,856        

      Sec. 4503.06.  (A)  All THE OWNER OF EACH manufactured       4,865        

homes OR MOBILE HOME THAT HAS ACQUIRED SITUS in this state on the  4,868        

first day of January, except as otherwise provided, are SHALL PAY  4,869        

EITHER A REAL PROPERTY TAX PURSUANT TO TITLE LVII OF THE REVISED   4,870        

CODE OR A MANUFACTURED HOME TAX PURSUANT TO DIVISION (C) OF THIS   4,873        

SECTION.                                                                        

      (B)  THE OWNER OF A MANUFACTURED OR MOBILE HOME SHALL PAY    4,876        

REAL PROPERTY TAXES IF EITHER OF THE FOLLOWING APPLIES:            4,877        

      (1)  THE MANUFACTURED OR MOBILE HOME ACQUIRED SITUS IN THE   4,879        

STATE OR OWNERSHIP IN THE HOME WAS TRANSFERRED ON OR AFTER         4,881        

JANUARY 1, 2000, AND ALL OF THE FOLLOWING APPLY:                   4,882        

      (a)  THE HOME IS AFFIXED TO A PERMANENT FOUNDATION AS        4,885        

DEFINED IN DIVISION (C)(5) OF SECTION 3781.06 OF THE REVISED       4,886        

CODE;                                                                           

      (b)  THE HOME IS LOCATED ON LAND THAT IS OWNED BY THE OWNER  4,889        

OF THE HOME;                                                                    

                                                          112    


                                                                 
      (c)  THE CERTIFICATE OF TITLE HAS BEEN INACTIVATED BY THE    4,892        

CLERK OF THE COURT OF COMMON PLEAS THAT ISSUED IT, PURSUANT TO     4,893        

DIVISION (H) OF SECTION 4505.11 OF THE REVISED CODE.               4,894        

      (2)  THE MANUFACTURED OR MOBILE HOME ACQUIRED SITUS IN THE   4,896        

STATE OR OWNERSHIP IN THE HOME WAS TRANSFERRED BEFORE JANUARY 1,   4,898        

2000, AND ALL OF THE FOLLOWING APPLY:                              4,899        

      (a)  THE HOME IS AFFIXED TO A PERMANENT FOUNDATION AS        4,902        

DEFINED IN DIVISION (C)(5) OF SECTION 3781.06 OF THE REVISED       4,903        

CODE;                                                                           

      (b)  THE HOME IS LOCATED ON LAND THAT IS OWNED BY THE OWNER  4,906        

OF THE HOME;                                                                    

      (c)  THE OWNER OF THE HOME HAS ELECTED TO HAVE THE HOME      4,909        

TAXED AS REAL PROPERTY AND, PURSUANT TO SECTION 4505.11 OF THE     4,910        

REVISED CODE, HAS SURRENDERED THE CERTIFICATE OF TITLE TO THE      4,911        

AUDITOR OF THE COUNTY CONTAINING THE TAXING DISTRICT IN WHICH THE  4,913        

HOME HAS ITS SITUS, TOGETHER WITH PROOF THAT ALL TAXES HAVE BEEN   4,914        

PAID;                                                                           

      (d)  THE COUNTY AUDITOR HAS PLACED THE HOME ON THE REAL      4,917        

PROPERTY TAX LIST AND DELIVERED THE CERTIFICATE OF TITLE TO THE    4,918        

CLERK OF THE COURT OF COMMON PLEAS THAT ISSUED IT AND THE CLERK    4,920        

HAS INACTIVATED THE CERTIFICATE.                                                

      (C)(1)  ANY MOBILE OR MANUFACTURED HOME THAT IS NOT TAXED    4,923        

AS REAL PROPERTY AS PROVIDED IN DIVISION (B) OF THIS SECTION IS    4,924        

subject to an annual MANUFACTURED HOME tax, payable by the owner,  4,925        

for the privilege of using or occupying a manufactured LOCATING    4,926        

THE home in this state.  The tax as levied in this section is for  4,927        

the purpose of supplementing the general revenue funds of the      4,929        

local subdivision SUBDIVISIONS in which the manufactured home has  4,930        

its situs pursuant to this section.                                             

      (B)(2)  The year for which the MANUFACTURED HOME tax is      4,933        

levied commences on the first day of January and ends on the       4,934        

following thirty-first day of December.  THE LIEN OF THE STATE     4,935        

FOR THE TAX FOR A YEAR SHALL ATTACH ON THE FIRST DAY OF JANUARY    4,937        

TO A HOME THAT HAS ACQUIRED SITUS ON THAT DATE.  THE LIEN FOR A    4,939        

                                                          113    


                                                                 
HOME THAT HAS NOT ACQUIRED SITUS ON THE FIRST DAY OF JANUARY, BUT  4,940        

THAT ACQUIRES SITUS DURING THE YEAR, SHALL ATTACH ON THE NEXT      4,941        

FIRST DAY OF JANUARY.  THE LIEN SHALL CONTINUE UNTIL THE TAX,                   

INCLUDING ANY PENALTY, IS PAID.                                    4,942        

      (C)(3)(a)  The situs of a manufactured OR MOBILE home used   4,944        

or occupied LOCATED in this state ON THE FIRST DAY OF JANUARY is   4,946        

the local taxing district in which the manufactured home is        4,948        

located on the first day of January, except that when a                         

manufactured home that is not located in this state on the first   4,949        

day of January is acquired or first enters this state, then the    4,950        

situs of such manufactured home is the local taxing district in    4,951        

which such manufactured home is located immediately upon the       4,952        

expiration of a thirty-day period commencing with the date of      4,953        

acquisition or entrance into this state THAT DATE.                 4,954        

      (b)  THE SITUS OF A MANUFACTURED OR MOBILE HOME NOT LOCATED  4,956        

IN THIS STATE ON THE FIRST DAY OF JANUARY, BUT LOCATED IN THIS     4,957        

STATE SUBSEQUENT TO THAT DATE, IS THE LOCAL TAXING DISTRICT IN     4,958        

WHICH THE HOME IS LOCATED THIRTY DAYS AFTER IT IS ACQUIRED OR      4,959        

FIRST ENTERS THIS STATE.                                                        

      (D)(4)  The tax is collected by and paid to the county       4,961        

treasurer of the county containing the taxing district in which    4,962        

the manufactured home has its situs.                               4,963        

      (E)(D)  The MANUFACTURED HOME tax shall be computed and      4,965        

assessed by the county auditor of the county containing the        4,967        

taxing district in which the manufactured home has its situs by    4,968        

AS FOLLOWS:                                                                     

      (1)  ON A HOME THAT ACQUIRED SITUS IN THIS STATE PRIOR TO    4,970        

JANUARY 1, 2000;                                                   4,971        

      (a)  BY multiplying the assessable value of the              4,974        

manufactured home, after making any reduction required by section  4,975        

4503.065 of the Revised Code, by the tax rate of the taxing        4,976        

district in which the manufactured home has its situs, AND         4,977        

DEDUCTING FROM THE PRODUCT THUS OBTAINED ANY REDUCTION AUTHORIZED  4,978        

UNDER SECTION 4503.065 OF THE REVISED CODE.  The tax levied under  4,979        

                                                          114    


                                                                 
this section FORMULA shall not be less than thirty-six dollars,    4,981        

unless the manufactured home qualifies for a reduction in          4,983        

assessable value under section 4503.065 of the Revised Code, in    4,984        

which case there shall be no minimum tax and the tax shall be the  4,985        

amount calculated under this division.                                          

      (b)  The assessable value of the manufactured home shall be  4,987        

forty per cent of the amount arrived at by the following           4,988        

computation:                                                       4,989        

      (1)(i)  If the cost to the owner, or market value at time    4,991        

of purchase, whichever is greater, of the manufactured home        4,992        

includes the furnishings and equipment, such cost or market value  4,993        

shall be multiplied according to the following schedule:           4,994        

      For the first calendar year                                  4,996        

      in which the manufactured                                    4,997        

      home is owned by the                                         4,998        

      current owner                              80%               4,999        

      2nd calendar year                x         75%               5,000        

      3rd     "                        x         70%               5,001        

      4th     "                        x         65%               5,002        

      5th     "                        x         60%               5,003        

      6th     "                        x         55%               5,004        

      7th     "                        x         50%               5,005        

      8th     "                        x         45%               5,006        

      9th     "                        x         40%               5,007        

      10th and each year thereafter              35%               5,008        

      The first calendar year means any period between the first   5,010        

day of January and the thirty-first day of December of the first   5,011        

year.                                                              5,012        

      (2)(ii)  If the cost to the owner, or market value at the    5,014        

time of purchase, whichever is greater, of the manufactured home   5,016        

does not include the furnishings and equipment, such cost or       5,017        

market value shall be multiplied according to the following        5,018        

schedule:                                                                       

      For the first calendar year                                  5,020        

                                                          115    


                                                                 
      in which the manufactured                                    5,021        

      home is owned by the                                         5,022        

      current owner                              95%               5,023        

      2nd calendar year                x         90%               5,024        

      3rd     "                        x         85%               5,025        

      4th     "                        x         80%               5,026        

      5th     "                        x         75%               5,027        

      6th     "                        x         70%               5,028        

      7th     "                        x         65%               5,029        

      8th     "                        x         60%               5,030        

      9th     "                        x         55%               5,031        

      10th and each year thereafter              50%               5,032        

      The first calendar year means any period between the first   5,034        

day of January and the thirty-first day of December of the first   5,035        

year.                                                              5,036        

      (3)  When a manufactured home that is not located in this    5,038        

state on the first day of January is acquired or first enters      5,039        

this state, the assessable value for that year is determined by    5,040        

multiplying the assessable value as computed under this section    5,041        

by a fraction whose numerator is the number of full months         5,042        

remaining to the following thirty-first day of December,           5,043        

commencing with the date of acquisition or entrance into this      5,044        

state, and whose denominator is twelve.  If the minimum tax of     5,045        

thirty-six dollars is applicable to a manufactured home not        5,046        

located in this state on the first day of January, the tax is      5,047        

determined by multiplying three dollars by the number of full      5,048        

months remaining to the following thirty-first day of December     5,049        

commencing with the date of acquisition or entrance into this      5,050        

state.                                                             5,051        

      (F)(2)  ON A HOME IN WHICH OWNERSHIP WAS TRANSFERRED OR      5,053        

THAT FIRST ACQUIRED SITUS IN THIS STATE ON OR AFTER JANUARY 1,     5,056        

2000:                                                                           

      (a)  BY MULTIPLYING THE ASSESSABLE VALUE OF THE HOME BY THE  5,060        

EFFECTIVE TAX RATE, AS DEFINED IN SECTION 323.08 OF THE REVISED    5,062        

                                                          116    


                                                                 
CODE, FOR RESIDENTIAL REAL PROPERTY OF THE TAXING DISTRICT IN      5,063        

WHICH THE HOME HAS ITS SITUS, AND DEDUCTING FROM THE PRODUCT THUS  5,064        

OBTAINED THE REDUCTIONS REQUIRED OR AUTHORIZED UNDER SECTION       5,065        

319.302, DIVISION (B) OF SECTION 323.152, OR SECTION 4503.065 OF   5,067        

THE REVISED CODE.                                                  5,068        

      (b)  THE ASSESSABLE VALUE OF THE HOME SHALL BE THIRTY-FIVE   5,071        

PER CENT OF ITS TRUE VALUE AS DETERMINED UNDER DIVISION (L) OF     5,073        

THIS SECTION.                                                                   

      (3)  THE AUDITOR SHALL RECORD THE ASSESSABLE VALUE AND THE   5,075        

AMOUNT OF TAX ON THE MANUFACTURED OR MOBILE HOME ON THE TAX LIST   5,076        

AND DELIVER A COPY OF THE LIST TO THE COUNTY TREASURER.            5,077        

      (4)  AFTER JANUARY 1, 1999, THE OWNER OF A MANUFACTURED OR   5,079        

MOBILE HOME TAXED PURSUANT TO DIVISION (D)(1) OF THIS SECTION MAY  5,082        

ELECT TO HAVE THE HOME TAXED PURSUANT TO DIVISION (D)(2) OF THIS   5,083        

SECTION BY FILING A WRITTEN REQUEST WITH THE COUNTY AUDITOR OF     5,084        

THE TAXING DISTRICT IN WHICH THE HOME IS LOCATED.  UPON THE        5,085        

FILING OF THE REQUEST, THE COUNTY AUDITOR SHALL TAX THE            5,086        

MANUFACTURED OR MOBILE HOME PURSUANT TO DIVISION (D)(2) OF THIS    5,088        

SECTION COMMENCING IN THE NEXT TAX YEAR.                           5,089        

      (5)  A MANUFACTURED OR MOBILE HOME THAT ACQUIRED SITUS IN    5,092        

THIS STATE PRIOR TO JANUARY 1, 2000, SHALL BE TAXED PURSUANT TO    5,094        

DIVISION (D)(2) OF THIS SECTION IF NO MANUFACTURED HOME TAX HAD    5,095        

BEEN PAID FOR THE HOME AND THE HOME WAS NOT EXEMPTED FROM          5,096        

TAXATION PURSUANT TO DIVISION (E) OF THIS SECTION FOR THE YEAR     5,098        

FOR WHICH THE TAXES WERE NOT PAID.                                              

      (E)(1)  A manufactured OR MOBILE home is not subject to      5,100        

this section when ANY OF THE FOLLOWING APPLIES:                    5,101        

      (1)(a)  It is taxable as personal property pursuant to       5,103        

section 5709.01 of the Revised Code.  A ANY manufactured OR        5,105        

MOBILE home that is leased or rented and used as a residence       5,106        

shall be subject to this section and shall not be taxable as       5,108        

personal property pursuant to section 5709.01 of the Revised       5,109        

Code.                                                                           

      (b)  IT BEARS A LICENSE PLATE ISSUED BY ANY STATE OTHER      5,111        

                                                          117    


                                                                 
THAN THIS STATE UNLESS THE HOME IS IN THIS STATE IN EXCESS OF AN   5,112        

ACCUMULATIVE PERIOD OF THIRTY DAYS IN ANY CALENDAR YEAR.           5,113        

      (c)  THE ANNUAL TAX HAS BEEN PAID ON THE HOME IN THIS STATE  5,115        

FOR THE CURRENT YEAR.                                              5,116        

      (d)  THE TAX COMMISSIONER HAS DETERMINED, PURSUANT TO        5,118        

SECTION 5715.27 OF THE REVISED CODE, THAT THE PROPERTY IS EXEMPT   5,119        

FROM TAXATION, OR WOULD BE EXEMPT FROM TAXATION UNDER CHAPTER      5,120        

5709. OF THE REVISED CODE IF IT WERE CLASSIFIED AS REAL PROPERTY.  5,121        

      (2)  It is a A travel trailer OR PARK TRAILER, as THESE      5,124        

TERMS ARE defined in section 4501.01 of the Revised Code and, is   5,125        

currently licensed under Chapter 4503. of the Revised Code or NOT  5,127        

SUBJECT TO THIS SECTION IF IT IS unused or unoccupied and stored   5,128        

at the owner's normal place of residence or at a recognized        5,129        

storage facility.  Travel trailers that have                       5,130        

      (3)  A TRAVEL TRAILER OR PARK TRAILER, AS THESE TERMS ARE    5,132        

DEFINED IN SECTION 4501.01 OF THE REVISED CODE, IS SUBJECT TO      5,133        

THIS SECTION AND SHALL BE TAXED AS A MANUFACTURED OR MOBILE HOME   5,134        

IF IT HAS a situs longer than thirty days in one location and are  5,135        

IS connected to existing utilities shall not be considered as      5,137        

travel trailers for purposes of this division, except when any,    5,138        

UNLESS EITHER of the following applies:                            5,139        

      (a)  The situs is in a state facility or a camping or park   5,141        

area as defined in division (B), (C), (G), or (H), OR (R) of       5,143        

section 3733.01 of the Revised Code;                               5,144        

      (b)  The situs is in a camping or park area that is a tract  5,147        

of land that has been limited to recreational use by deed or                    

zoning restrictions and subdivided for sale of five or more        5,148        

individual lots for the express or implied purpose of occupancy    5,149        

by either self-contained recreational vehicles as defined in       5,150        

division (E) of section 3733.01 of the Revised Code or by          5,151        

dependent recreational vehicles as defined in division (F) of      5,152        

section 3733.01 of the Revised Code;.                              5,153        

      (c)  The travel trailer is stored and not used or occupied   5,155        

at the owner's normal place of residence or at a recognized        5,156        

                                                          118    


                                                                 
storage facility.                                                  5,157        

      (3)  It bears a license plate issued by any state other      5,159        

than this state unless such manufactured home is in this state in  5,161        

excess of an accumulative period of thirty days in any calendar                 

year.                                                              5,162        

      (4)  The annual tax has been paid on the manufactured home   5,164        

in this state for the current year.                                5,165        

      (G)(F)  The MANUFACTURED HOME tax is due and payable as      5,167        

follows:                                                           5,168        

      (1)  When a manufactured OR MOBILE home has a situs in this  5,170        

state, as provided in this section, on the first day of January,   5,171        

one-half of the amount of the tax is due and payable on or before  5,172        

the thirty-first day of January and the balance is due and         5,173        

payable on or before the thirty-first day of July.  AT THE OPTION  5,174        

OF THE OWNER OF THE HOME, THE TAX FOR THE ENTIRE YEAR MAY BE PAID  5,175        

IN FULL ON THE THIRTY-FIRST DAY OF JANUARY.                        5,176        

      (2)  When a manufactured OR MOBILE home FIRST acquires a     5,178        

situs in this state, as provided in this section, after the first  5,179        

day of January and on or prior to the thirty-first day of July,    5,180        

the amount of the, NO tax IS due and payable is determined by      5,182        

multiplying one-half the annual tax by a fraction whose numerator  5,183        

is the number of full months remaining until the thirty-first day  5,184        

of July and whose denominator is six FOR THAT YEAR.  This tax is   5,185        

due and payable immediately upon the expiration of a thirty-day    5,187        

period commencing with the date the situs is acquired.  The        5,188        

balance of the tax is due and payable on or before the             5,189        

thirty-first day of December.  When a manufactured home acquires   5,190        

a situs in this state after the thirty-first day of July and on    5,191        

or prior to the thirty-first day of December, the amount of the    5,192        

tax due and payable is determined by multiplying one-half the      5,193        

annual tax by a fraction whose numerator is the number of full     5,194        

months remaining until the thirty-first day of December and whose  5,195        

denominator is six.  This tax is due and payable immediately upon  5,196        

the expiration of a thirty-day period commencing with the date     5,197        

                                                          119    


                                                                 
the situs is acquired.                                                          

      (H)  If the payments of the tax are not made as provided in  5,199        

division (G)(1) or (2) of this section, a penalty of five dollars  5,201        

or ten per cent of the taxes due, whichever is greater, shall be   5,202        

imposed and collected in addition to the tax due and owing.        5,203        

      (I)  If the owner of a manufactured home fails to make       5,205        

payment of the tax within the time prescribed by division (G)(1)   5,206        

or (2) of this section                                             5,207        

      (G)(1)  IF ONE-HALF OF THE CURRENT TAXES CHARGED UNDER THIS  5,210        

SECTION AGAINST A MANUFACTURED OR MOBILE HOME, TOGETHER WITH THE   5,211        

FULL AMOUNT OF ANY DELINQUENT TAXES OR ANY INSTALLMENT THEREOF     5,212        

REQUIRED TO BE PAID UNDER A WRITTEN UNDERTAKING, ARE NOT PAID ON   5,213        

OR BEFORE THE THIRTY-FIRST DAY OF JANUARY IN THAT YEAR, OR ON OR   5,214        

BEFORE THE LAST DAY FOR SUCH PAYMENT AS EXTENDED PURSUANT TO       5,215        

SECTION 4503.063 OF THE REVISED CODE, A PENALTY OF TEN PER CENT    5,217        

SHALL BE CHARGED AGAINST THE UNPAID BALANCE OF SUCH HALF OF THE    5,218        

CURRENT TAXES.  IF THE TOTAL AMOUNT OF ALL SUCH TAXES IS NOT PAID  5,220        

ON OR BEFORE THE THIRTY-FIRST DAY OF JULY, NEXT THEREAFTER, OR ON  5,221        

OR BEFORE THE LAST DAY FOR SUCH PAYMENT AS EXTENDED PURSUANT TO    5,222        

SECTION 4503.063 OF THE REVISED CODE, A LIKE PENALTY SHALL BE      5,224        

CHARGED ON THE BALANCE OF THE TOTAL AMOUNT OF SUCH UNPAID CURRENT  5,225        

TAXES.                                                                          

      (2)(a)  ON THE FIRST DAY OF THE MONTH FOLLOWING THE LAST     5,227        

DAY THE SECOND INSTALLMENT OF TAXES MAY BE PAID WITHOUT PENALTY,   5,228        

INTEREST SHALL BE CHARGED AGAINST AND COMPUTED ON ALL DELINQUENT   5,229        

TAXES OTHER THAN THE CURRENT TAXES THAT BECAME DELINQUENT TAXES    5,230        

AT THE CLOSE OF THE LAST DAY SUCH SECOND INSTALLMENT COULD BE      5,231        

PAID WITHOUT PENALTY.  THE CHARGE SHALL BE FOR INTEREST THAT       5,232        

ACCRUED DURING THE PERIOD THAT BEGAN ON THE PRECEDING FIRST DAY    5,233        

OF DECEMBER AND ENDED ON THE LAST DAY OF THE MONTH THAT INCLUDED   5,234        

THE LAST DATE SUCH SECOND INSTALLMENT COULD BE PAID WITHOUT        5,235        

PENALTY.  THE INTEREST SHALL BE COMPUTED AT THE RATE PER ANNUM     5,236        

PRESCRIBED BY SECTION 5703.47 OF THE REVISED CODE AND SHALL BE     5,238        

ENTERED AS A SEPARATE ITEM ON THE DELINQUENT MANUFACTURED HOME     5,239        

                                                          120    


                                                                 
TAX LIST COMPILED UNDER DIVISION (H) OF THIS SECTION.              5,241        

      (b)  ON THE FIRST DAY OF DECEMBER, THE INTEREST SHALL BE     5,243        

CHARGED AGAINST AND COMPUTED ON ALL DELINQUENT TAXES.  THE CHARGE  5,244        

SHALL BE FOR INTEREST THAT ACCRUED DURING THE PERIOD THAT BEGAN    5,245        

ON THE FIRST DAY OF THE MONTH FOLLOWING THE LAST DATE PRESCRIBED   5,246        

FOR THE PAYMENT OF THE SECOND INSTALLMENT OF TAXES IN THE CURRENT  5,247        

YEAR AND ENDED ON THE IMMEDIATELY PRECEDING LAST DAY OF NOVEMBER.  5,249        

THE INTEREST SHALL BE COMPUTED AT THE RATE PER ANNUM PRESCRIBED    5,250        

BY SECTION 5703.47 OF THE REVISED CODE AND SHALL BE ENTERED AS A   5,252        

SEPARATE ITEM ON THE DELINQUENT MANUFACTURED HOME TAX LIST.                     

      (c)  AFTER A VALID UNDERTAKING HAS BEEN ENTERED INTO FOR     5,254        

THE PAYMENT OF ANY DELINQUENT TAXES, NO INTEREST SHALL BE CHARGED  5,255        

AGAINST SUCH DELINQUENT TAXES WHILE THE UNDERTAKING REMAINS IN     5,256        

EFFECT IN COMPLIANCE WITH SECTION 323.31 OF THE REVISED CODE.  IF  5,258        

A VALID UNDERTAKING BECOMES VOID, INTEREST SHALL BE CHARGED        5,259        

AGAINST THE DELINQUENT TAXES FOR THE PERIODS THAT INTEREST WAS     5,260        

NOT PERMITTED TO BE CHARGED WHILE THE UNDERTAKING WAS IN EFFECT.   5,261        

THE INTEREST SHALL BE CHARGED ON THE DAY THE UNDERTAKING BECOMES   5,262        

VOID AND SHALL EQUAL THE AMOUNT OF INTEREST THAT WOULD HAVE BEEN   5,263        

CHARGED AGAINST THE UNPAID DELINQUENT TAXES OUTSTANDING ON THE     5,264        

DATES ON WHICH INTEREST WOULD HAVE BEEN CHARGED THEREON UNDER      5,265        

DIVISIONS (G)(1) AND (2) OF THIS SECTION HAD THE UNDERTAKING NOT   5,266        

BEEN IN EFFECT.                                                    5,267        

      (3)  IF THE FULL AMOUNT OF THE TAXES DUE AT EITHER OF THE    5,269        

TIMES PRESCRIBED BY DIVISION (F) OF THIS SECTION IS PAID WITHIN    5,270        

TEN DAYS AFTER SUCH TIME, THE COUNTY TREASURER SHALL WAIVE THE     5,271        

COLLECTION OF AND THE COUNTY AUDITOR SHALL REMIT ONE-HALF OF THE   5,272        

PENALTY PROVIDED FOR IN THIS DIVISION FOR FAILURE TO MAKE THAT     5,273        

PAYMENT BY THE PRESCRIBED TIME.                                    5,274        

      (4)  THE TREASURER SHALL COMPILE AND DELIVER TO THE COUNTY   5,276        

AUDITOR A LIST OF ALL TAX PAYMENTS THE TREASURER HAS RECEIVED AS   5,278        

PROVIDED IN DIVISION (G)(3) OF THIS SECTION.  THE LIST SHALL       5,279        

INCLUDE ANY INFORMATION REQUIRED BY THE AUDITOR FOR THE REMISSION  5,280        

OF THE PENALTIES WAIVED BY THE TREASURER.  THE TAXES SO COLLECTED  5,281        

                                                          121    


                                                                 
SHALL BE INCLUDED IN THE SETTLEMENT NEXT SUCCEEDING THE            5,282        

SETTLEMENT THEN IN PROCESS.                                        5,283        

      (H)(1)  THE COUNTY AUDITOR SHALL COMPILE ANNUALLY A          5,285        

"DELINQUENT MANUFACTURED HOME TAX LIST" CONSISTING OF HOMES THE    5,287        

COUNTY TREASURER'S RECORDS INDICATE HAVE TAXES THAT WERE NOT PAID  5,288        

WITHIN THE TIME PRESCRIBED BY DIVISION (F) OF THIS SECTION, HAVE   5,289        

TAXES THAT REMAIN UNPAID FROM PRIOR YEARS, OR HAVE UNPAID TAX      5,290        

PENALTIES THAT HAVE BEEN ASSESSED.                                              

      (2)  ON OR BEFORE THE FIRST DAY OF SEPTEMBER EACH YEAR, THE  5,293        

COUNTY AUDITOR SHALL DELIVER A COPY OF THE DELINQUENT              5,294        

MANUFACTURED HOME TAX LIST TO THE COUNTY TREASURER AND SHALL FILE  5,295        

A COPY IN THE OFFICE OF THE COUNTY RECORDER.  THE RECORDER SHALL   5,296        

KEEP A COPY OF THE LIST, DESIGNATE IT AS THE "MANUFACTURED HOME    5,297        

TAX LIEN RECORD," AND INDEX IT UNDER THE NAME OF ANY PERSON        5,298        

CHARGED ON IT.  THE RECORDER SHALL NOT CHARGE A FEE FOR THE        5,299        

SERVICES REQUIRED UNDER THIS SECTION.  THE AUDITOR SHALL PUBLISH   5,300        

THE DELINQUENT MANUFACTURED HOME TAX LIST IN THE SAME MANNER AS    5,301        

DELINQUENT REAL PROPERTY TAX LISTS ARE PUBLISHED.                  5,302        

      (3)  THE LIST FILED WITH THE COUNTY RECORDER SHALL           5,304        

CONSTITUTE A NOTICE OF LIEN AS OF THE DATE OF FILING.  THE STATE   5,305        

SHALL HAVE THE FIRST LIEN ON ANY MANUFACTURED OR MOBILE HOME ON    5,306        

THE LIST FOR THE AMOUNT OF TAXES AND PENALTIES CHARGED AGAINST     5,308        

THE OWNER OF THE HOME UNDER THIS SECTION.                                       

      (4)  WHEN TAXES AND PENALTIES ARE CHARGED AGAINST A PERSON   5,311        

ON THE DELINQUENT MANUFACTURED HOME TAX LIST, the county                        

treasurer shall, in addition to any other remedy provided by law   5,314        

for the collection of taxes and penalties, enforce collection of   5,315        

such taxes and penalties by civil action in the name of the        5,316        

treasurer against the owner for the recovery of the unpaid taxes   5,317        

FOLLOWING THE PROCEDURES FOR THE RECOVERY OF DELINQUENT REAL       5,318        

PROPERTY TAXES IN SECTIONS 323.25 TO 323.28 OF THE REVISED CODE.   5,319        

THE ACTION MAY BE BROUGHT IN MUNICIPAL OR COUNTY COURT, PROVIDED                

THE AMOUNT CHARGED DOES NOT EXCEED THE MONETARY LIMITATIONS FOR    5,322        

ORIGINAL JURISDICTION FOR CIVIL ACTIONS IN THOSE COURTS.           5,323        

                                                          122    


                                                                 
      It is sufficient, having made proper parties to the suit,    5,325        

for the treasurer to allege in his THE TREASURER'S bill of         5,326        

particulars or petition that the taxes stand chargeable on the     5,328        

books of the county treasurer against such person, that they are   5,329        

due and unpaid, and that such person is indebted in the amount of  5,330        

taxes appearing to be due the county.  The treasurer need not set  5,331        

forth any other matter relating thereto.  IF IT IS FOUND ON THE    5,333        

TRIAL OF THE ACTION THAT THE PERSON IS INDEBTED TO THE STATE,      5,334        

JUDGMENT SHALL BE RENDERED IN FAVOR OF THE TREASURER PROSECUTING   5,335        

THE ACTION.  THE JUDGMENT DEBTOR IS NOT ENTITLED TO THE BENEFIT    5,336        

OF ANY LAW FOR STAY OF EXECUTION OR EXEMPTION OF PROPERTY FROM     5,337        

LEVY OR SALE ON EXECUTION IN THE ENFORCEMENT OF THE JUDGMENT.      5,338        

      (J)(I)  The total amount of taxes collected shall be         5,340        

distributed semiannually at the same time distribution is made of  5,341        

real estate and public utility taxes in the following manner:      5,342        

four per cent shall be allowed as compensation to the county       5,343        

auditor for his THE COUNTY AUDITOR'S service in assessing the      5,344        

taxes; two per cent shall be allowed as compensation to the        5,346        

county treasurer for the services he THE COUNTY TREASURER renders  5,347        

as a result of the tax levied by this section.  Such amounts       5,349        

shall be paid into the county treasury, to the credit of a         5,350        

general THE county GENERAL REVENUE fund, on the warrant of the     5,351        

county auditor.  FEES TO BE PAID TO THE CREDIT OF THE REAL ESTATE  5,352        

ASSESSMENT FUND SHALL BE COLLECTED PURSUANT TO DIVISION (B) OF     5,353        

SECTION 319.54 OF THE REVISED CODE AND PAID INTO THE COUNTY        5,354        

TREASURY, ON THE WARRANT OF THE COUNTY AUDITOR.  The balance of    5,355        

the taxes collected shall be distributed among the taxing          5,356        

subdivisions of the county in which the taxes are collected and    5,357        

paid in the same ratio as real estate and public utility THOSE     5,358        

taxes are distributed WERE COLLECTED for the benefit of the        5,359        

taxing subdivision.  The taxes levied and revenues collected       5,360        

under this section shall be in lieu of any general property tax    5,361        

and any tax levied with respect to the privilege of using or       5,362        

occupying a manufactured home in Ohio except as provided in        5,363        

                                                          123    


                                                                 
sections 4503.04 and 5741.02 of the Revised Code.                  5,364        

      (K)(J)  An agreement to purchase or a bill of sale for a     5,366        

manufactured home shall show whether or not the furnishings and    5,367        

equipment are included in the purchase price.                      5,368        

      (L)  Taxes charged on the delinquent lists of the county     5,370        

auditor and county treasurer for five consecutive years may be     5,371        

removed by the county board of revision in the manner provided in  5,372        

section 5719.06 of the Revised Code if the board deems such taxes  5,373        

uncollectible                                                      5,374        

      (K)  IF THE COUNTY TREASURER AND THE COUNTY PROSECUTING      5,376        

ATTORNEY AGREE THAT AN ITEM CHARGED ON THE DELINQUENT              5,377        

MANUFACTURED HOME TAX LIST IS UNCOLLECTIBLE, THEY SHALL CERTIFY    5,378        

THAT DETERMINATION AND THE REASONS TO THE COUNTY BOARD OF          5,379        

REVISION.  IF THE BOARD DETERMINES THE AMOUNT IS UNCOLLECTIBLE,    5,380        

IT SHALL CERTIFY ITS DETERMINATION TO THE COUNTY AUDITOR, WHO      5,381        

SHALL STRIKE THE ITEM FROM THE LIST.                               5,382        

      (L)(1)  THE COUNTY AUDITOR SHALL APPRAISE AT ITS TRUE VALUE  5,385        

ANY MANUFACTURED OR MOBILE HOME IN WHICH OWNERSHIP IS TRANSFERRED  5,386        

OR WHICH FIRST ACQUIRES SITUS IN THIS STATE ON OR AFTER JANUARY    5,387        

1, 2000.  THE TRUE VALUE SHALL INCLUDE THE VALUE OF THE HOME, ANY  5,388        

ADDITIONS, AND ANY FIXTURES, BUT NOT ANY FURNISHINGS IN THE HOME.  5,389        

IN DETERMINING THE TRUE VALUE OF A MANUFACTURED OR MOBILE HOME,    5,390        

THE AUDITOR SHALL CONSIDER ALL FACTS AND CIRCUMSTANCES RELATING    5,391        

TO THE VALUE OF THE HOME, INCLUDING ITS AGE, ITS CAPACITY TO       5,392        

FUNCTION AS A RESIDENCE, ANY OBSOLETE CHARACTERISTICS, AND OTHER   5,393        

FACTORS THAT MAY TEND TO PROVE ITS TRUE VALUE.                     5,394        

      (2)(a)  IF A MANUFACTURED OR MOBILE HOME HAS BEEN THE        5,397        

SUBJECT OF AN ARM'S LENGTH SALE BETWEEN A WILLING SELLER AND A     5,398        

WILLING BUYER WITHIN A REASONABLE LENGTH OF TIME PRIOR TO THE                   

DETERMINATION OF TRUE VALUE, THE AUDITOR SHALL CONSIDER THE SALE   5,399        

PRICE OF THE HOME TO BE THE TRUE VALUE FOR TAXATION PURPOSES.      5,400        

      (b)  THE SALE PRICE IN AN ARM'S LENGTH TRANSACTION BETWEEN   5,403        

A WILLING SELLER AND A WILLING BUYER SHALL NOT BE CONSIDERED THE   5,404        

TRUE VALUE OF THE HOME IF EITHER OF THE FOLLOWING OCCURRED AFTER   5,405        

                                                          124    


                                                                 
THE SALE:                                                                       

      (i)  THE HOME HAS LOST VALUE DUE TO A CASUALTY;              5,408        

      (ii)  AN ADDITION OR FIXTURE HAS BEEN ADDED TO THE HOME.     5,411        

      (3)  THE AUDITOR SHALL HAVE EACH HOME VIEWED AND APPRAISED   5,413        

AT LEAST ONCE IN EACH SIX-YEAR PERIOD.  THE PERSON VIEWING OR      5,414        

APPRAISING A HOME MAY ENTER THE HOME TO DETERMINE BY ACTUAL VIEW   5,415        

ANY ADDITIONS OR FIXTURES THAT HAVE BEEN ADDED SINCE THE LAST      5,416        

APPRAISAL.  IN CONDUCTING THE APPRAISALS AND ESTABLISHING THE      5,417        

TRUE VALUE, THE AUDITOR SHALL FOLLOW THE PROCEDURES SET FORTH FOR  5,419        

APPRAISING REAL PROPERTY IN SECTIONS 5713.01 AND 5713.03 OF THE    5,420        

REVISED CODE.                                                      5,421        

      (4)  THE AUDITOR SHALL PLACE THE TRUE VALUE OF EACH HOME ON  5,424        

THE MANUFACTURED HOME TAX LIST UPON COMPLETION OF AN APPRAISAL.    5,425        

      (5)(a)  IF THE AUDITOR CHANGES THE TRUE VALUE OF A HOME,     5,428        

THE AUDITOR SHALL NOTIFY THE OWNER OF THE HOME IN WRITING,                      

DELIVERED BY MAIL OR IN PERSON.  THE NOTICE SHALL BE GIVEN AT      5,429        

LEAST THIRTY DAYS PRIOR TO THE ISSUANCE OF ANY TAX BILL THAT       5,430        

REFLECTS THE CHANGE.  FAILURE TO RECEIVE THE NOTICE DOES NOT       5,432        

INVALIDATE ANY PROCEEDING UNDER THIS SECTION.                                   

      (b)  ANY OWNER OF A HOME WHO DISAGREES WITH A CHANGE TO THE  5,435        

TRUE VALUE OF THE HOME MAY FILE A COMPLAINT WITH THE COUNTY BOARD  5,436        

OF REVISION ON OR BEFORE THE THIRTY-FIRST DAY OF MARCH OF THE      5,437        

ENSUING TAX YEAR.  THE BOARD SHALL HEAR AND INVESTIGATE THE        5,438        

COMPLAINT AND MAY TAKE ACTION ON IT AS PROVIDED UNDER SECTIONS     5,439        

5715.11 TO 5715.19 OF THE REVISED CODE.                            5,441        

      (c)  IF THE COUNTY BOARD OF REVISION DETERMINES, PURSUANT    5,443        

TO A COMPLAINT AGAINST THE VALUATION OF A MANUFACTURED OR MOBILE   5,444        

HOME FILED UNDER THIS SECTION, THAT THE AMOUNT OF TAXES,           5,445        

ASSESSMENTS, OR OTHER CHARGES PAID WAS IN EXCESS OF THE AMOUNT     5,446        

DUE BASED ON THE VALUATION AS FINALLY DETERMINED, THEN THE         5,447        

OVERPAYMENT SHALL BE REFUNDED IN THE MANNER PRESCRIBED IN SECTION  5,449        

5715.22 OF THE REVISED CODE.                                       5,450        

      (d)  PAYMENT OF ALL OR PART OF A TAX UNDER THIS SECTION FOR  5,453        

ANY YEAR FOR WHICH A COMPLAINT IS PENDING BEFORE THE COUNTY BOARD  5,454        

                                                          125    


                                                                 
OF REVISION DOES NOT ABATE THE COMPLAINT OR IN ANY WAY AFFECT THE  5,455        

HEARING AND DETERMINATION THEREOF.                                              

      (M)  IF THE COUNTY AUDITOR DETERMINES THAT ANY TAX,          5,457        

ASSESSMENT, CHARGE, OR ANY PART THEREOF HAS BEEN ERRONEOUSLY       5,458        

CHARGED AS A RESULT OF A CLERICAL ERROR AS DEFINED IN SECTION      5,459        

319.35 OF THE REVISED CODE, THE COUNTY TREASURER AND THE COUNTY    5,461        

BOARD OF REVISION SHALL REMOVE THE ERRONEOUS CHARGES ON THE        5,462        

MANUFACTURED HOME TAX LIST OR DELINQUENT MANUFACTURED HOME TAX                  

LIST, AND REFUND ANY ERRONEOUS CHARGES THAT HAVE BEEN COLLECTED,   5,463        

WITH INTEREST, IN THE SAME MANNER AS IS PRESCRIBED IN SECTION      5,464        

319.36 OF THE REVISED CODE FOR ERRONEOUS CHARGES AGAINST REAL      5,465        

PROPERTY.                                                          5,466        

      Sec. 4503.061.  (A)  The procedures set forth in this        5,475        

division shall be followed in those counties that have adopted a   5,476        

permanent manufactured home registration system, as provided in    5,477        

division (D) of this section ALL MANUFACTURED AND MOBILE HOMES     5,479        

SHALL BE LISTED ON EITHER THE REAL PROPERTY TAX LIST OR THE        5,480        

MANUFACTURED HOME TAX LIST OF THE COUNTY IN WHICH THE HOME HAS     5,481        

SITUS.  EACH OWNER SHALL FOLLOW THE PROCEDURES IN THIS SECTION TO  5,482        

IDENTIFY THE HOME TO THE COUNTY AUDITOR OF THE COUNTY CONTAINING   5,483        

THE TAXING DISTRICT IN WHICH THE HOME HAS SITUS SO THAT THE        5,484        

AUDITOR MAY PLACE THE HOME ON THE APPROPRIATE TAX LIST.            5,485        

      (B)  WHEN A MANUFACTURED OR MOBILE HOME FIRST ACQUIRES       5,488        

SITUS IN THIS STATE AND IS SUBJECT TO REAL PROPERTY TAXATION       5,489        

PURSUANT TO DIVISION (B)(1) OR (2) OF SECTION 4503.06 OF THE       5,491        

REVISED CODE, THE OWNER SHALL PRESENT TO THE AUDITOR OF THE        5,493        

COUNTY CONTAINING THE TAXING DISTRICT IN WHICH THE HOME HAS ITS    5,494        

SITUS THE CERTIFICATE OF TITLE FOR THE HOME, TOGETHER WITH PROOF   5,496        

THAT ALL TAXES DUE HAVE BEEN PAID AND PROOF THAT A RELOCATION      5,497        

NOTICE WAS OBTAINED FOR THE HOME IF REQUIRED UNDER THIS SECTION.   5,499        

UPON RECEIVING THE CERTIFICATE OF TITLE AND THE REQUIRED PROOFS,                

THE AUDITOR SHALL PLACE THE HOME ON THE REAL PROPERTY TAX LIST     5,501        

AND PROCEED TO TREAT THE HOME AS OTHER PROPERTIES ON THAT LIST.    5,502        

AFTER THE AUDITOR HAS PLACED THE HOME ON THE TAX LIST OF REAL AND  5,504        

                                                          126    


                                                                 
PUBLIC UTILITY PROPERTY, THE AUDITOR SHALL DELIVER THE                          

CERTIFICATE OF TITLE TO THE CLERK OF THE COURT OF COMMON PLEAS     5,505        

THAT ISSUED IT PURSUANT TO 4505.11 OF THE REVISED CODE, AND THE    5,507        

CLERK SHALL INACTIVATE THE CERTIFICATE OF TITLE.                   5,508        

      (C)(1)  When a manufactured OR MOBILE home SUBJECT TO A      5,510        

MANUFACTURED HOME TAX first acquires a situs in any county in      5,511        

this state or is relocated to another county and is subject to     5,513        

the tax as provided in section 4503.06 of the Revised Code THAT    5,514        

HAS ADOPTED A PERMANENT  MANUFACTURED HOME REGISTRATION SYSTEM,    5,515        

AS PROVIDED IN DIVISION (F) OF THIS SECTION, the owner, WITHIN     5,517        

THIRTY DAYS AFTER THE HOME ACQUIRES SITUS UNDER SECTION 4503.06    5,518        

OF THE REVISED CODE, shall register the manufactured home with     5,519        

the county auditor of the county containing the taxing district    5,520        

in which the manufactured home has its situs on or prior to the    5,521        

date the tax is due and payable.  For the first registration in    5,522        

each county of situs, the owner or vendee in possession shall      5,523        

present to the county auditor an Ohio certificate of title,        5,524        

certified copy of the certificate of title, or memorandum          5,525        

certificate of title as such are required by law, and proof, as    5,526        

required by the county auditor, that the manufactured home, if it  5,527        

HAS PREVIOUSLY BEEN OCCUPIED AND is being relocated in that        5,528        

county, has been previously registered, and any THAT ALL taxes     5,530        

due after December 31, 1979, during the preceding five years AND   5,532        

REQUIRED TO BE PAID UNDER DIVISION (H)(1) OF THIS SECTION BEFORE   5,533        

A RELOCATION NOTICE MAY BE ISSUED have been paid.                  5,535        

      Upon the first registration of a manufactured home, the      5,538        

county auditor shall issue an advance payment certificate,                      

stating the amount of annual tax due, to be presented to the       5,539        

county treasurer with the payment of the tax that is due, AND      5,540        

THAT A RELOCATION NOTICE WAS OBTAINED FOR THE HOME IF REQUIRED BY  5,541        

DIVISION (H) OF THIS SECTION.                                      5,542        

      (2)  When a manufactured OR MOBILE home is registered for    5,544        

the first time in a county and when the total tax due has been     5,545        

paid as required by division (G)(F) of section 4503.06 of the      5,546        

                                                          127    


                                                                 
Revised Code OR DIVISIONS (E) AND (H) OF THIS SECTION, the county  5,548        

treasurer shall note by writing or by a stamp on the certificate   5,549        

of title, certified copy of certificate of title, or memorandum    5,550        

certificate of title that the manufactured home has been           5,551        

registered and that the taxes due, IF ANY, have been paid for the  5,552        

PRECEDING FIVE YEARS AND FOR THE current half-year period YEAR.    5,553        

The treasurer shall then issue a certificate evidencing            5,554        

registration and a decal to be displayed on the street side of     5,555        

the manufactured home.  Such certificate is valid in any county    5,556        

in this state during the year for which it is issued.              5,557        

      (3)  For each year thereafter, the county auditor shall      5,559        

issue an advance payment certificate to be presented to the        5,560        

county treasurer with the payment of the tax that is due.  When    5,561        

the total tax due has been paid as required by division (G)(F) of  5,562        

section 4503.06 of the Revised Code, the county treasurer shall    5,563        

issue a certificate evidencing registration that shall be valid    5,564        

in any county in this state during the year for which the          5,565        

certificate is issued.                                             5,566        

      (4)  The permanent decal issued under this division is       5,568        

valid during the period of ownership, except that when a           5,569        

manufactured home is relocated in another county the owner shall   5,570        

apply for a new registration as required by this section and       5,571        

section 4503.06 of the Revised Code.                               5,572        

      (B)  The procedures set forth in this division shall be      5,574        

followed in those counties that have not adopted a permanent       5,575        

registration system.                                               5,576        

      (D)(1)  All owners of manufactured OR MOBILE homes SUBJECT   5,578        

TO THE MANUFACTURED HOME TAX having a situs in this state and      5,580        

subject to the tax A COUNTY THAT HAS NOT ADOPTED A PERMANENT                    

REGISTRATION SYSTEM, as provided in DIVISION (F) OF THIS section   5,582        

4503.06 of the Revised Code, shall REGISTER THE HOME WITHIN        5,584        

THIRTY DAYS AFTER THE HOME ACQUIRES SITUS UNDER SECTION 4503.06                 

OF THE REVISED CODE AND THEREAFTER SHALL annually register such    5,586        

manufactured THE home with the county auditor of the county        5,587        

                                                          128    


                                                                 
containing the taxing district in which the manufactured home has  5,588        

its situs on or prior to the date the tax is due and payable.      5,589        

      (2)  Upon the annual registration, the county auditor shall  5,591        

issue an advance payment certificate, stating the amount of        5,592        

annual MANUFACTURED HOME tax due, to be presented to the county    5,593        

treasurer with the payment of the tax that is due.  When a         5,594        

manufactured OR MOBILE home is registered and when the tax for     5,595        

the current one-half year has been paid as required by division    5,596        

(G)(F) of section 4503.06 of the Revised Code, the county          5,598        

treasurer shall issue a certificate evidencing registration and a  5,599        

decal.  Such certificate and decal are valid in any county in      5,600        

this state during the year for which they are issued.  The decal   5,601        

shall be displayed on the street side of the manufactured home.    5,602        

      (3)  For the first annual registration in each county of     5,604        

situs, the county auditor shall require the owner or vendee to     5,605        

present an Ohio certificate of title, certified copy of the        5,606        

certificate of title, or memorandum certificate of title as such   5,607        

are required by law, and proof, as required by the county          5,608        

auditor, that the manufactured OR MOBILE home has been previously  5,609        

registered and, IF SUCH REGISTRATION WAS REQUIRED, that the ALL    5,610        

taxes due after December 31, 1979, AND REQUIRED TO BE PAID UNDER   5,612        

DIVISION (H)(1) OF THIS SECTION BEFORE A RELOCATION NOTICE MAY BE  5,613        

ISSUED have been paid for the preceding five years, AND THAT A     5,616        

RELOCATION NOTICE WAS OBTAINED FOR THE HOME IF REQUIRED BY         5,618        

DIVISION (H) OF THIS SECTION.  When the county treasurer receives  5,619        

the tax payment, he THE COUNTY TREASURER shall note by writing or  5,620        

by a stamp on the certificate of title, certified copy of the      5,622        

certificate of title, or memorandum certificate of title that the  5,623        

manufactured home has been registered for the current year and     5,624        

that the MANUFACTURED HOME taxes due, IF ANY, have been paid for   5,626        

the PRECEDING FIVE YEARS AND FOR THE current half-year period      5,627        

YEAR.                                                                           

      (4)  For subsequent annual registrations, the auditor may    5,629        

require the owner or vendee in possession to present an Ohio       5,630        

                                                          129    


                                                                 
certificate of title, certified copy of the certificate of title,  5,631        

or memorandum certificate of title to the county treasurer upon    5,632        

payment of the MANUFACTURED HOME tax that is due.                  5,633        

      (C)(E)(1)  Upon the application to transfer ownership of a   5,635        

manufactured OR MOBILE home FOR WHICH MANUFACTURED HOME TAXES ARE  5,636        

PAID PURSUANT TO DIVISION (C) OF SECTION 4503.06 OF THE REVISED    5,637        

CODE the clerk of the court of common pleas shall not issue any    5,638        

certificate of title which THAT does not contain thereon or have   5,640        

attached thereto an BOTH OF THE FOLLOWING:                         5,641        

      (a)  AN endorsement of the county treasurer AUDITOR stating  5,644        

that the manufactured home has been registered for each year of    5,646        

ownership and that all MANUFACTURED HOME taxes due after December  5,647        

31, 1979, imposed pursuant to section 4503.06 of the Revised       5,648        

Code, have been paid;                                                           

      (b)  AN ENDORSEMENT OF THE COUNTY AUDITOR THAT THE           5,650        

MANUFACTURED HOME TRANSFER TAX IMPOSED PURSUANT TO SECTION 322.06  5,652        

OF THE REVISED CODE HAS BEEN PAID.  If the clerk establishes that  5,653        

      (2)  IF all the taxes have not been paid, he THE CLERK       5,656        

shall notify the vendee to contact the county treasurer of the     5,657        

county containing the taxing district in which the manufactured    5,658        

home has its situs at the time of the proposed transfer.  The      5,659        

county treasurer shall then collect all the taxes that are due     5,660        

after December 31, 1979, for the year of the transfer and all      5,661        

previous years not exceeding a total of five years.  He THE        5,662        

COUNTY TREASURER shall distribute that part of the collection      5,663        

owed to the county treasurer of other counties in the event IF     5,664        

the manufactured home had its situs in another county during a     5,665        

particular year when the unpaid tax became due and payable.  The   5,666        

burden to prove the situs of the manufactured home in the years    5,667        

that the taxes were not paid is on the transferor of the           5,668        

manufactured home.                                                 5,669        

      (3)  Once the transfer is complete and the certificate of    5,671        

title has been issued, the transferee shall register the           5,672        

manufactured OR MOBILE home with the county auditor of the county  5,673        

                                                          130    


                                                                 
containing the taxing district in which the manufactured home has  5,674        

its situs at the time of the transfer.  The transferee need not    5,675        

pay the annual tax for the year of acquisition when IF the         5,676        

original owner has already paid the annual tax for that year.  If  5,677        

the transferee is not required to pay the annual tax during the    5,678        

year of acquisition, then the registration made during the year    5,679        

of acquisition shall not be considered a first registration for    5,680        

purposes of this section.                                                       

      (D)(F)  The county auditor may adopt a permanent             5,682        

registration system and issue a permanent decal with the first     5,683        

registration as prescribed by the tax commissioner.                5,684        

      (E)(G)  When any manufactured OR MOBILE home required to be  5,686        

registered by this section is not registered, the owner of such    5,687        

manufactured home shall be fined not less than twenty-five nor     5,689        

more than fifty dollars THE COUNTY AUDITOR SHALL IMPOSE A PENALTY  5,690        

OF ONE HUNDRED DOLLARS UPON THE OWNER AND DEPOSIT THE AMOUNT TO    5,691        

THE CREDIT OF THE COUNTY REAL ESTATE ASSESSMENT FUND TO BE USED    5,692        

TO PAY THE COSTS OF ADMINISTERING THIS SECTION AND SECTION         5,693        

4503.06 OF THE REVISED CODE.  IF UNPAID, THE PENALTY SHALL         5,694        

CONSTITUTE A LIEN ON THE HOME AND SHALL BE ADDED BY THE COUNTY     5,695        

AUDITOR TO THE MANUFACTURED HOME TAX LIST FOR COLLECTION.          5,696        

      (H)(1)  BEFORE MOVING A MANUFACTURED OR MOBILE HOME ON       5,699        

PUBLIC ROADS FROM ONE ADDRESS TO ANOTHER ADDRESS WITHIN THIS       5,700        

STATE, THE OWNER OF THE HOME SHALL OBTAIN A RELOCATION NOTICE, AS  5,701        

PROVIDED BY THIS SECTION, FROM THE AUDITOR OF THE COUNTY IN WHICH  5,703        

THE HOME IS LOCATED IF THE HOME IS CURRENTLY SUBJECT TO TAXATION   5,704        

PURSUANT TO SECTION 4503.06 OF THE REVISED CODE.  THE AUDITOR      5,705        

SHALL CHARGE FIVE DOLLARS FOR THE NOTICE, AND DEPOSIT THE AMOUNT   5,706        

TO THE CREDIT OF THE COUNTY REAL ESTATE ASSESSMENT FUND TO BE      5,707        

USED TO PAY THE COSTS OF ADMINISTERING THIS SECTION AND SECTION                 

4503.06 OF THE REVISED CODE.  THE AUDITOR SHALL NOT ISSUE A        5,708        

RELOCATION NOTICE UNLESS ALL TAXES OWED ON THE HOME UNDER SECTION  5,710        

4503.06 OF THE REVISED CODE THAT WERE FIRST CHARGED TO THE HOME    5,712        

DURING THE PERIOD OF OWNERSHIP OF THE OWNER SEEKING THE            5,713        

                                                          131    


                                                                 
RELOCATION NOTICE HAVE BEEN PAID.  IF THE HOME IS BEING MOVED BY   5,714        

A NEW OWNER OF THE HOME OR BY A PARTY TAKING REPOSSESSION OF THE   5,715        

HOME, THE AUDITOR SHALL NOT ISSUE A RELOCATION NOTICE UNLESS ALL   5,716        

OF THE TAXES DUE FOR THE PRECEDING FIVE YEARS AND FOR THE CURRENT  5,717        

YEAR HAVE BEEN PAID.                                               5,718        

      (2)  IF A MANUFACTURED OR MOBILE HOME IS NOT YET SUBJECT TO  5,720        

TAXATION UNDER SECTION 4503.06 OF THE REVISED CODE, THE OWNER OF   5,722        

THE HOME SHALL OBTAIN A RELOCATION NOTICE FROM THE DEALER OF THE   5,723        

HOME.  WITHIN THIRTY DAYS AFTER THE MANUFACTURED OR MOBILE HOME    5,724        

IS PURCHASED, THE DEALER OF THE HOME SHALL PROVIDE THE AUDITOR OF  5,727        

THE COUNTY IN WHICH THE HOME IS TO BE LOCATED WRITTEN NOTICE OF    5,728        

THE NAME OF THE PURCHASER OF THE HOME, THE REGISTRATION NUMBER OF  5,730        

THE HOME, AND THE ADDRESS OR LOCATION TO WHICH THE HOME IS TO BE   5,731        

MOVED.  THE COUNTY AUDITOR SHALL PROVIDE TO EACH MANUFACTURED AND  5,732        

MOBILE HOME DEALER, WITHOUT CHARGE, A SUPPLY OF RELOCATION         5,733        

NOTICES TO BE DISTRIBUTED TO PURCHASERS PURSUANT TO THIS SECTION.  5,734        

      (3)  THE NOTICE SHALL BE IN THE FORM OF A ONE-FOOT SQUARE    5,737        

YELLOW SIGN WITH THE WORDS "MANUFACTURED HOME RELOCATION NOTICE"                

PRINTED PROMINENTLY ON IT.  THE NAME OF THE OWNER OF THE HOME,     5,739        

THE HOME'S REGISTRATION NUMBER, THE COUNTY AND THE ADDRESS OR      5,740        

LOCATION TO WHICH THE HOME IS BEING MOVED, AND THE COUNTY IN       5,742        

WHICH THE NOTICE IS ISSUED SHALL ALSO BE ENTERED ON THE NOTICE.    5,743        

      (4)  THE RELOCATION NOTICE MUST BE ATTACHED TO THE REAR OF   5,745        

THE HOME WHEN THE HOME IS BEING MOVED ON A PUBLIC ROAD.  EXCEPT    5,746        

AS PROVIDED IN DIVISION (H)(5) OF THIS SECTION, NO PERSON SHALL    5,748        

DRIVE A MOTOR VEHICLE MOVING A MANUFACTURED OR MOBILE HOME ON A    5,749        

PUBLIC ROAD FROM ONE ADDRESS TO ANOTHER ADDRESS WITHIN THIS STATE  5,750        

UNLESS A RELOCATION NOTICE IS ATTACHED TO THE REAR OF THE HOME.    5,751        

      (5)  IF THE COUNTY AUDITOR DETERMINES THAT A MANUFACTURED    5,754        

OR MOBILE HOME HAS BEEN MOVED WITHOUT A RELOCATION NOTICE AS                    

REQUIRED UNDER THIS DIVISION, THE AUDITOR SHALL IMPOSE A PENALTY   5,756        

OF ONE HUNDRED DOLLARS UPON THE OWNER OF THE HOME AND UPON THE     5,757        

PERSON WHO MOVED THE HOME AND DEPOSIT THE AMOUNT TO THE CREDIT OF               

THE COUNTY REAL ESTATE ASSESSMENT FUND TO PAY THE COSTS OF         5,759        

                                                          132    


                                                                 
ADMINISTERING THIS SECTION AND SECTION 4503.06 OF THE REVISED      5,760        

CODE.  IF THE PENALTY ON THE OWNER IS UNPAID, THE PENALTY SHALL    5,761        

CONSTITUTE A LIEN ON THE HOME AND THE AUDITOR SHALL ADD THE        5,763        

PENALTY TO THE MANUFACTURED HOME TAX LIST FOR COLLECTION.  IF THE  5,764        

COUNTY AUDITOR DETERMINES THAT A DEALER THAT HAS SOLD A            5,765        

MANUFACTURED OR MOBILE HOME HAS FAILED TO TIMELY PROVIDE THE       5,766        

INFORMATION REQUIRED UNDER THIS DIVISION, THE AUDITOR SHALL                     

IMPOSE A PENALTY UPON THE DEALER IN THE AMOUNT OF ONE HUNDRED      5,767        

DOLLARS.  THE PENALTY SHALL BE CREDITED TO THE COUNTY REAL ESTATE  5,769        

ASSESSMENT FUND AND USED TO PAY THE COSTS OF ADMINISTERING THIS    5,770        

SECTION AND SECTION 4503.06 OF THE REVISED CODE.                   5,771        

      Sec. 4503.062.  Every operator of a manufactured home        5,780        

court, or park, AS DEFINED IN SECTION 3733.01 OF THE REVISED       5,782        

CODE,  or every owner of property used for such purposes when      5,784        

there is no operator, EVERY OWNER OF PROPERTY USED FOR SUCH        5,785        

PURPOSES ON WHICH THREE OR MORE MANUFACTURED OR MOBILE HOMES ARE   5,787        

LOCATED, shall keep a register of all manufactured AND MOBILE      5,788        

homes which THAT make use of the court, park, or property.  The    5,789        

register shall set forth CONTAIN:                                  5,790        

      (A)  The name of the owner and all inhabitants of each       5,792        

manufactured home;                                                 5,793        

      (B)  The ages of all inhabitants;                            5,795        

      (C)  The permanent and temporary post office addresses of    5,797        

all inhabitants;                                                   5,798        

      (D)  The license numbers NUMBER of all units EACH UNIT;      5,800        

      (E)  The state issuing such licenses EACH LICENSE;           5,802        

      (F)  The date of arrival and of departure of each            5,804        

manufactured home.  The register shall be open to inspection by    5,805        

the county auditor, his THE COUNTY TREASURER, agents OF THE        5,806        

AUDITOR OR TREASURER, and all law enforcement agencies at all      5,809        

times.                                                                          

      When any ANY person, required by this section to keep a      5,811        

register of all manufactured homes, WHO fails to comply with the   5,812        

provisions concerning such register, he THIS SECTION shall be      5,813        

                                                          133    


                                                                 
fined not less than twenty-five nor more than one hundred          5,815        

dollars.                                                                        

      Sec. 4503.063.  The county auditor and county treasurer may  5,824        

appoint any suitable residents of the county as their deputies to  5,825        

perform any of the duties required of them by sections 4503.06,    5,826        

4503.061, and 4503.062 of the Revised Code.                        5,827        

      The tax commissioner shall prescribe forms which shall       5,829        

contain all relevant information necessary in the collection and   5,830        

payment of the tax and the registration of manufactured AND        5,831        

MOBILE homes, as provided in sections 4503.06 and 4503.061 of the  5,832        

Revised Code, and shall provide such other assistance as           5,833        

necessary to enable the county auditor to administer this THE      5,834        

tax.                                                                            

      THE TAX COMMISSIONER, UPON APPLICATION OF THE COUNTY         5,836        

AUDITOR, MAY EXTEND THE TIME FOR PAYMENT OF THE TAX.               5,837        

      Sec. 4503.064.  As used in sections 4503.064 to 4503.069 of  5,846        

the Revised Code:                                                  5,847        

      (A)  "Sixty-five years of age or older" means a person who   5,849        

will be age sixty-five or older in the calendar year following     5,850        

the year of application for reduction in the assessable value of   5,851        

his THE PERSON'S manufactured OR MOBILE home.                      5,852        

      (B)  "Total income" means the adjusted gross income of the   5,854        

owner and his THE OWNER'S spouse for the year preceding the year   5,855        

in which application for a reduction in taxes is made, as          5,857        

determined under the "Internal Revenue Code of 1986," 100 Stat.    5,858        

2085, 26 U.S.C.A. 1, as amended, adjusted as follows:              5,859        

      (1)  Subtract the amount of disability benefits included in  5,861        

adjusted gross income but not to exceed five thousand two hundred  5,862        

dollars, except subtract the entire amount of disability benefits  5,863        

included in adjusted gross income that are paid by the veteran's   5,864        

administration or a branch of the armed forces of the United       5,865        

States on account of an injury or disability;                      5,866        

      (2)  Add old age and survivors benefits received pursuant    5,868        

to the "Social Security Act" that are not included in adjusted     5,869        

                                                          134    


                                                                 
gross income;                                                      5,870        

      (3)  Add retirement, pension, annuity, or other retirement   5,872        

payments or benefits not included in adjusted gross income;        5,873        

      (4)  Add tier I and II railroad retirement benefits          5,875        

received pursuant to the "Railroad Retirement Act," 50 Stat. 307,  5,876        

45 U.S.C. 228;                                                     5,877        

      (5)  Add interest on federal, state, and local government    5,879        

obligations.                                                       5,880        

      (C)  "Old age and survivors benefits received pursuant to    5,882        

the 'Social Security Act'" or "tier I railroad retirement          5,883        

benefits received pursuant to the 'Railroad Retirement Act'"       5,884        

means:                                                             5,885        

      (1)  The old age benefits payable under the social security  5,887        

or railroad retirement laws in effect on the last day of the       5,888        

calendar year preceding the year in which the applicant's          5,889        

application for reduction is first successfully made, or, if no    5,890        

such benefits are payable that year, old age benefits payable the  5,891        

first succeeding year in which old age benefits under the social   5,892        

security or railroad retirement laws are payable, except in those  5,893        

cases where a change in social security or railroad retirement     5,894        

benefits results in a reduction in income.                         5,895        

      (2)  The lesser of:                                          5,897        

      (a)  Survivors benefits payable under the social security    5,899        

or railroad retirement laws in effect on the last day of the       5,900        

calendar year preceding the year in which the applicant's          5,901        

application for reduction is first successfully made, or, if no    5,902        

such benefits are payable that year, survivors benefits payable    5,903        

the first succeeding year in which survivors benefits are          5,904        

payable; or                                                        5,905        

      (b)  Old age benefits of the deceased spouse, as determined  5,907        

under division (C)(1) of this section, upon which the surviving    5,908        

spouse's survivors benefits are based under the social security    5,909        

or railroad retirement laws, except in those cases where a change  5,910        

in benefits would cause a reduction in income.                     5,911        

                                                          135    


                                                                 
      Survivors benefits are those described in division           5,913        

(C)(2)(b) of this section only if the deceased spouse received     5,914        

old age benefits in the year in which the deceased died.  If the   5,915        

deceased spouse did not receive old age benefits in the year in    5,916        

which the deceased died, then survivors benefits are those         5,917        

described in division (C)(2)(a) of this section.                   5,918        

      (D)  "Permanently and totally disabled" means a person who,  5,920        

on the first day of January of the year of application, including  5,921        

late application, for reduction in the assessable value of a       5,922        

manufactured OR MOBILE home, has some impairment in body or mind   5,923        

that makes him THE PERSON unfit to work at any substantially       5,924        

remunerative employment which he THE PERSON is reasonably able to  5,926        

perform and which will, with reasonable probability, continue for  5,928        

an indefinite period of at least twelve months without any         5,929        

present indication of recovery therefrom or has been certified as  5,930        

permanently and totally disabled by a state or federal agency      5,931        

having the function of so classifying persons.                     5,932        

      (E)  "Homestead exemption" means the reduction in taxes      5,934        

allowed under division (A) of section 323.152 of the Revised Code  5,935        

for the year in which an application is filed under section        5,936        

4503.066 of the Revised Code.                                      5,937        

      (F)  "Manufactured home" has the meaning given in division   5,939        

(O)(C)(4) of section 4501.01 3781.06 of the Revised Code, and      5,941        

includes a structure consisting of two manufactured homes that     5,942        

were purchased either together or separately and are combined to   5,943        

form a single dwelling, BUT DOES NOT INCLUDE A MANUFACTURED HOME   5,944        

THAT IS TAXED AS REAL PROPERTY PURSUANT TO DIVISION (B) OF         5,945        

SECTION 4503.06 OF THE REVISED CODE.                               5,947        

      (G)  "MOBILE HOME" HAS THE MEANING GIVEN IN DIVISION (O) OF  5,951        

SECTION 4501.01 OF THE REVISED CODE AND INCLUDES A STRUCTURE       5,953        

CONSISTING OF TWO MOBILE HOMES THAT WERE PURCHASED TOGETHER OR     5,954        

SEPARATELY AND COMBINED TO FORM A SINGLE DWELLING, BUT DOES NOT    5,955        

INCLUDE A MOBILE HOME THAT IS TAXED AS REAL PROPERTY PURSUANT TO   5,956        

DIVISION (B) OF SECTION 4503.06 OF THE REVISED CODE.               5,958        

                                                          136    


                                                                 
      (H)  "Late application" means an application filed with an   5,960        

original application under division (A)(3) of section 4503.066 of  5,961        

the Revised Code.                                                  5,962        

      Sec. 4503.065.  This section applies to any of the           5,971        

following:                                                         5,972        

      (A)  An individual who is permanently and totally disabled;  5,974        

      (B)  An individual who is sixty-five years of age or older;  5,976        

      (C)  An individual who is the surviving spouse of a          5,978        

deceased person who was permanently and totally disabled or        5,979        

sixty-five years of age or older and who applied and qualified     5,980        

for a reduction in assessable value under this section in the      5,981        

year in which he died OF DEATH, provided the surviving spouse is   5,983        

at least fifty-nine but not sixty-five or more years of age on     5,985        

the date the deceased spouse dies.                                 5,986        

      The assessable value of MANUFACTURED HOME TAX ON a           5,988        

manufactured OR MOBILE home THAT IS PAID PURSUANT TO DIVISION (C)  5,989        

OF SECTION 4503.06 OF THE REVISED CODE AND that is owned and       5,992        

occupied as a home by an individual whose domicile is in this                   

state and to whom this section applies, shall be reduced           5,993        

according to the schedule below for any tax year for which the     5,994        

owner obtains a certificate of reduction from the county auditor   5,995        

under section 4503.067 of the Revised Code, provided such THE      5,996        

individual did not acquire ownership from a person, other than     5,997        

his THE INDIVIDUAL'S spouse, related by consanguinity or affinity  5,999        

for the purpose of qualifying for the reduction in assessable      6,000        

value.  An owner includes a settlor of a revocable inter vivos     6,001        

trust holding the title to a manufactured OR MOBILE home occupied  6,002        

by the settlor as of right under the trust.  THE REDUCTION SHALL   6,003        

EQUAL THE AMOUNT OBTAINED BY MULTIPLYING THE TAX RATE FOR THE TAX  6,004        

YEAR FOR WHICH THE CERTIFICATE IS ISSUED BY THE REDUCTION IN       6,005        

ASSESSABLE VALUE SHOWN IN THE FOLLOWING SCHEDULE.                  6,006        

                              Reduce Assessable Value              6,008        

      Total Income               by the Lesser of:                 6,009        

                               Column A     Column B               6,010        

                                                          137    


                                                                 
$10,800 or less              $5,000 or seventy-five per cent       6,013        

More than $10,800 but not                                          6,014        

more than $15,800            $3,000 or sixty per cent              6,015        

More than $15,800 but not                                          6,016        

more than $20,800            $1,000 or twenty-five per cent        6,017        

More than $20,800            -0-                                   6,019        

      If the owner or the spouse of the owner of a manufactured    6,021        

OR MOBILE home is eligible for a homestead exemption on the land   6,022        

upon which the manufactured home is located, the reduction in      6,023        

assessable value to which he THE OWNER OR SPOUSE is entitled       6,024        

under this section shall not exceed the difference between the     6,026        

reduction in taxable ASSESSABLE value to which he THE OWNER OR     6,028        

SPOUSE is entitled under column A of the above schedule and the    6,029        

amount of the reduction in taxable value that was used to compute               

the homestead exemption.                                           6,030        

      No reduction shall be made on the assessable value of the    6,032        

manufactured home of any person convicted of violating division    6,033        

(C) or (D) of section 4503.066 of the Revised Code for a period    6,034        

of three years following the conviction.                           6,035        

      Sec. 4503.066.  (A)(1)  To obtain a reduction in the         6,044        

assessable value of a manufactured OR MOBILE home under section    6,045        

4503.065 of the Revised Code, the owner of a manufactured THE      6,046        

home shall file an application with the county auditor of the      6,047        

county in which his manufactured THE home is located.  An          6,048        

application for reduction in assessable value based upon a         6,049        

physical disability shall be accompanied by a certificate signed   6,050        

by a physician, and an application for reduction in assessable     6,051        

value based upon a mental disability shall be accompanied by a     6,052        

certificate signed by a physician or psychologist licensed to      6,053        

practice in this state.  The certificate shall attest to the fact  6,054        

that the applicant is permanently and totally disabled, shall be   6,055        

in a form that the department of taxation requires, and shall      6,056        

include the definition of totally and permanently disabled as set  6,057        

forth in section 4503.064 of the Revised Code.  An application     6,058        

                                                          138    


                                                                 
for reduction in assessable value based upon a disability          6,059        

certified as permanent and total by a state or federal agency      6,060        

having the function of so classifying persons shall be             6,061        

accompanied by a certificate from that agency.                     6,062        

      (2)  Each application shall constitute a continuing          6,064        

application for a reduction in assessable value for each year in   6,065        

which the manufactured OR MOBILE home is occupied by the           6,066        

applicant and in which the amount of the reduction in assessable   6,067        

value to which he is entitled does not exceed either the amount    6,068        

or per cent of the reduction to which he was entitled for the      6,069        

year in which the application was first filed.  Failure to         6,070        

receive a new application or notification under division (B) of    6,071        

this section after a certificate of reduction has been issued      6,072        

under section 4503.067 of the Revised Code is prima-facie          6,073        

evidence that the original applicant is entitled to the reduction  6,074        

in assessable value calculated on the basis of the information     6,075        

contained in his THE original application.  The original           6,076        

application and any subsequent application shall be in the form    6,077        

of a signed statement and shall be filed not later than the first  6,078        

Monday in June.  The statement shall be on a form, devised and     6,079        

supplied by the tax commissioner, that shall require no more       6,080        

information than is necessary to establish the applicant's         6,081        

eligibility for the reduction in assessable value and the amount   6,082        

of the reduction to which he THE APPLICANT is entitled.  The form  6,083        

shall contain a statement that signing such application            6,085        

constitutes a delegation of authority by the applicant to the      6,086        

county auditor to examine any financial records that relate to     6,087        

income earned by the applicant as stated on the application for    6,088        

the purpose of determining eligibility under, or possible          6,089        

violation of, division (C) or (D) of this section.  The form also  6,090        

shall contain a statement that conviction of willfully falsifying  6,091        

information to obtain a reduction in assessable value or failing   6,092        

to comply with division (B) of this section shall result in the    6,093        

revocation of the right to the reduction for a period of three     6,094        

                                                          139    


                                                                 
years.                                                                          

      (3)  A late application for a reduction in assessable value  6,096        

for the year preceding the year for which an original application  6,097        

is filed may be filed with an original application.  If the        6,098        

auditor determines that the information contained in the late      6,099        

application is correct, he THE AUDITOR shall determine both the    6,100        

amount of the reduction in assessable value to which the           6,102        

applicant would have been entitled for the current tax year had    6,103        

his THE application been timely filed and approved in the          6,105        

preceding year, and the amount the taxes levied under section      6,106        

4503.06 of the Revised Code for the current year would have been   6,107        

reduced as a result of the reduction in assessable value.  When    6,108        

an applicant is permanently and totally disabled on the first day  6,109        

of January of the year in which he THE APPLICANT files a late      6,110        

application, the auditor, in making his THE determination of the   6,112        

amounts of the reduction in assessable value and taxes under       6,113        

division (A)(3) of this section, is not required to determine      6,114        

that the applicant was permanently and totally disabled on the     6,115        

first day of January of the preceding year.                                     

      The amount of the reduction in taxes pursuant to a late      6,117        

application shall be treated as an overpayment of taxes by the     6,118        

applicant.  The auditor shall credit the amount of the             6,119        

overpayment against the amount of the taxes or penalties then due  6,120        

from the applicant, and, at the next succeeding settlement, the    6,121        

amount of the credit shall be deducted from the amount of any      6,122        

taxes or penalties distributable to the county or any taxing unit  6,123        

in the county that has received the benefit of the taxes or        6,124        

penalties previously overpaid, in proportion to the benefits       6,125        

previously received.  If, after the credit has been made, there    6,126        

remains a balance of the overpayment, or if there are no taxes or  6,127        

penalties due from the applicant, the auditor shall refund that    6,128        

balance to the applicant by a warrant drawn on the county          6,129        

treasurer in favor of the applicant.  The treasurer shall pay the  6,130        

warrant from the general fund of the county.  If there is          6,131        

                                                          140    


                                                                 
insufficient money in the general fund to make the payment, the    6,132        

treasurer shall pay the warrant out of any undivided manufactured  6,133        

OR MOBILE home taxes subsequently received by him THE TREASURER    6,134        

for distribution to the county or taxing district in the county    6,136        

that received the benefit of the overpaid taxes, in proportion to  6,137        

the benefits previously received, and the amount paid from the     6,138        

undivided funds shall be deducted from the money otherwise         6,139        

distributable to the county or taxing district in the county at    6,140        

the next or any succeeding distribution.  At the next or any       6,141        

succeeding distribution after making the refund, the treasurer     6,142        

shall reimburse the general fund for any payment made from that    6,143        

fund by deducting the amount of that payment from the money        6,144        

distributable to the county or other taxing unit in the county     6,145        

that has received the benefit of the taxes, in proportion to the   6,146        

benefits previously received.  On the second Monday in September   6,147        

of each year, the county auditor shall certify the total amount    6,148        

of the reductions in taxes made in the current year under          6,149        

division (A)(3) of this section to the tax commissioner who shall  6,150        

treat that amount as a reduction in taxes for the current tax      6,151        

year and shall make reimbursement to the county of that amount in  6,152        

the manner prescribed in section 4503.068 of the Revised Code,     6,153        

from moneys appropriated for that purpose.                         6,154        

      (B)  If in any year after an application has been filed      6,156        

under division (A) of this section the owner no longer qualifies   6,157        

for the reduction in assessable value for which he THE OWNER was   6,158        

issued a certificate or qualifies for a reduction that is less     6,160        

than either the per cent or amount of the reduction to which he    6,161        

THE OWNER was entitled in the year the application was filed, the  6,163        

owner shall notify the county auditor that he THE OWNER is not     6,164        

qualified for a reduction in the assessable value of his           6,166        

manufactured THE home or file a new application under division     6,167        

(A) of this section.                                                            

      During January of each year, the county auditor shall        6,169        

furnish each person issued a certificate of reduction in value,    6,170        

                                                          141    


                                                                 
by ordinary mail, a form on which to report any changes in total   6,171        

income that would have the effect of increasing or decreasing the  6,172        

reduction to which he THE PERSON is entitled, changes in           6,173        

ownership of the manufactured home, including changes in or        6,175        

revocation of a revocable inter vivos trust, changes in            6,176        

disability, and other changes in the information earlier           6,177        

furnished the auditor relative to his THE application.  The form   6,178        

shall be completed and returned to the auditor not later than the  6,180        

first Monday in June if the changes would affect the level of      6,181        

reduction in assessable value.                                                  

      (C)  No person shall knowingly make a false statement for    6,183        

the purpose of obtaining a reduction in assessable value under     6,184        

section 4503.065 of the Revised Code.                              6,185        

      (D)  No person shall knowingly fail to notify the county     6,187        

auditor of any change required by division (B) of this section     6,188        

that has the effect of maintaining or securing a reduction in      6,189        

assessable value of his manufactured THE home in excess of the     6,190        

reduction allowed under section 4503.065 of the Revised Code.      6,191        

      (E)  No person shall knowingly make a false statement or     6,193        

certification attesting to any person's physical or mental         6,194        

condition for purposes of qualifying such person for tax relief    6,195        

pursuant to sections 4503.064 to 4503.069 of the Revised Code.     6,196        

      Sec. 4503.067.  (A)  At the same time the advance payment    6,205        

certificate for the first half of the tax year is issued, the      6,206        

county auditor shall issue a certificate of reduction in           6,207        

assessable value of a manufactured OR MOBILE home in triplicate    6,208        

for each person who has complied with section 4503.066 of the      6,209        

Revised Code and been found by the auditor to be entitled to a     6,210        

reduction of assessable value for the succeeding tax year.  The    6,211        

certificate shall set forth the assessable value of the            6,212        

manufactured home calculated under section 4503.06 of the Revised  6,213        

Code and the amount of the reduction in assessable value of the    6,214        

manufactured home calculated under section 4503.065 of the         6,215        

Revised Code.  Upon issuance of the certificate, the auditor       6,216        

                                                          142    


                                                                 
shall reduce the assessable value of the manufactured home for     6,217        

the succeeding tax year by the required amount and forward one     6,218        

copy of the certificate to the county treasurer.  The auditor      6,219        

shall retain the original and forward the remaining copy to the    6,220        

recipient with the advance payment certificate submitted pursuant  6,221        

to section 4503.061 of the Revised Code.                           6,222        

      (B)  If the application or a continuing application is not   6,224        

approved, the auditor shall notify the applicant of the reasons    6,225        

for denial no later than the first Monday in October.  If a        6,226        

person believes that his THE PERSON'S application for reduction    6,227        

in assessable value of a manufactured home has been improperly     6,231        

denied or is for less than that to which he THE PERSON is          6,232        

entitled, he THE PERSON may file an appeal with the county board   6,234        

of revision no later than the thirty-first day of January of the   6,235        

following calendar year.  The appeal shall be treated in the same  6,236        

manner as a complaint relating to the valuation or assessment of   6,237        

real property under Chapter 5715. of the Revised Code.             6,238        

      Sec. 4503.19.  Upon the filing of an application for         6,247        

registration and the payment of the tax therefor, the registrar    6,248        

of motor vehicles or a deputy registrar shall determine whether    6,249        

the owner has previously been issued license plates for the motor  6,250        

vehicle described in the application.  If no license plates have   6,251        

previously been issued to the owner for that motor vehicle, the    6,252        

registrar or deputy registrar shall assign to the motor vehicle a  6,253        

distinctive number and issue and deliver to the owner in such      6,254        

manner as the registrar may select a certificate of registration,  6,255        

in such form as the registrar shall prescribe, and, except as      6,257        

otherwise provided in this section, two license plates,            6,258        

duplicates of each other, and a validation sticker, or a           6,259        

validation sticker alone, to be attached to the number plates as   6,260        

provided in section 4503.191 of the Revised Code.  The registrar   6,262        

or deputy registrar also shall charge the owner any fees required  6,263        

under division (C) of section 4503.10 of the Revised Code.         6,264        

Trailers, manufactured homes, MOBILE HOMES, semitrailers, the      6,265        

                                                          143    


                                                                 
manufacturer thereof, the dealer, or in transit companies          6,266        

therein, shall be issued one license plate only and one            6,267        

validation sticker, or a validation sticker alone, which license   6,268        

plate and validation sticker shall be displayed only on the rear   6,269        

of such vehicles.  A commercial tractor that does not receive an   6,270        

apportioned license plate under the international registration     6,271        

plan shall be issued two license plates and one validation         6,272        

sticker, which validation sticker shall be displayed on the front  6,273        

of the commercial tractor.  An apportioned vehicle receiving an    6,274        

apportioned license plate under the international registration     6,276        

plan shall be issued one license plate only and one validation     6,277        

sticker, or a validation sticker alone; the license plate shall    6,278        

be displayed only on the front of a semitractor and on the rear    6,279        

of all other vehicles.  School buses shall not be issued license   6,280        

plates, but shall bear identifying numbers in the manner           6,281        

prescribed by section 4511.764 of the Revised Code.  The           6,282        

certificate of registration and license plates and validation      6,283        

stickers, or validation stickers alone, shall be issued and        6,284        

delivered to the owner in person or by mail.  Chauffeured          6,285        

limousines shall be issued license plates, a validation sticker,   6,286        

and a livery sticker as provided in section 4503.24 of the         6,287        

Revised Code.  In the event of the loss, mutilation, or            6,288        

destruction of any certificate of registration, or of any license  6,289        

plates or validation stickers, or in the event the owner chooses   6,290        

to replace license plates previously issued for a motor vehicle,                

or the registration certificate and license plates have been       6,291        

impounded as provided by division (F)(1) of section 4507.02 and    6,292        

division (A)(2) of section 4507.16 of the Revised Code, the owner  6,293        

of a motor vehicle, or manufacturer or dealer, may obtain from     6,294        

the registrar, or from a deputy registrar if authorized by the     6,295        

registrar, a duplicate thereof or new license plates bearing a     6,296        

different number, if the registrar considers it advisable, upon    6,298        

filing an application prescribed by the registrar, and upon        6,299        

paying a fee of one dollar for such certificate of registration,   6,300        

                                                          144    


                                                                 
a fee of five dollars for each set of two license plates, or       6,301        

three dollars for each single license plate or validation          6,302        

sticker.  In addition, each applicant for a replacement                         

certificate of registration, license plate, or validation sticker  6,304        

shall pay the fees provided in divisions (C) and (D) of section    6,305        

4503.10 of the Revised Code.                                                    

      Additionally, the registrar and each deputy registrar who    6,307        

either issues license plates and a validation sticker for use on   6,308        

any vehicle other than a commercial tractor, semitrailer, or       6,310        

apportioned vehicle, or who issues a validation sticker alone for  6,311        

use on such a vehicle and the owner has changed the owner's        6,312        

county of residence since the owner last was issued county         6,313        

identification stickers, also shall issue and deliver to the       6,314        

owner either one or two county identification stickers, as         6,315        

appropriate, which shall be attached to the license plates in a    6,317        

manner prescribed by the director of public safety.  The county    6,318        

identification stickers shall prominently identify by name or      6,319        

number the county in which the owner of the vehicle resides at     6,320        

the time of registration.                                          6,321        

      Sec. 4503.21.  No person who is the owner or operator of a   6,330        

motor vehicle shall fail to display in plain view on the front     6,331        

and rear of the motor vehicle the distinctive number and           6,332        

registration mark, including any county identification sticker     6,333        

and any validation sticker issued under sections 4503.19 and       6,334        

4503.191 of the Revised Code, furnished by the director of public  6,335        

safety, except that a manufacturer of motor vehicles or dealer     6,336        

therein, the holder of an in transit permit, and the owner or      6,337        

operator of a motorcycle, motorized bicycle, manufactured home,    6,338        

MOBILE HOME, trailer, or semitrailer shall display on the rear     6,339        

only.  A motor vehicle that is issued two license plates shall     6,340        

display the validation sticker only on the rear license plate,     6,341        

except that a commercial tractor that does not receive an          6,342        

apportioned license plate under the international registration     6,343        

plan shall display the validation sticker on the front of the      6,344        

                                                          145    


                                                                 
commercial tractor.  An apportioned vehicle receiving an           6,346        

apportioned license plate under the international registration     6,347        

plan shall display the license plate only on the front of a        6,348        

commercial tractor and on the rear of all other vehicles.  All     6,350        

license plates shall be securely fastened so as not to swing, and  6,351        

shall not be covered by any material that obstructs their          6,352        

visibility.                                                                     

      No person to whom a temporary license placard or windshield  6,354        

sticker has been issued for the use of a motor vehicle under       6,355        

section 4503.182 of the Revised Code, and no operator of that      6,357        

motor vehicle, shall fail to display the temporary license         6,358        

placard in plain view from the rear of the vehicle either in the   6,359        

rear window or on an external rear surface of the motor vehicle,   6,360        

or fail to display the windshield sticker in plain view on the     6,362        

rear window of the motor vehicle.  No temporary license placard    6,363        

or windshield sticker shall be covered by any material that        6,364        

obstructs its visibility.                                                       

      Sec. 4503.99.  (A)  Whoever violates section 4503.05,        6,373        

4503.11, or 4503.12, division (A) of section 4503.182, section     6,374        

4503.28, 4503.44, 4503.46, or 4503.47, or division (C), (D), or    6,375        

(E) of section 4503.066 of the Revised Code is guilty of a         6,376        

misdemeanor of the fourth degree.                                               

      (B)  Whoever violates DIVISION (H)(4) OF section 4503.061,   6,378        

OR SECTION 4503.19, 4503.21, or 4503.34 of the Revised Code is     6,380        

guilty of a minor misdemeanor.                                                  

      (C)  Whoever violates division (B) of section 4503.182 of    6,382        

the Revised Code is guilty of a misdemeanor of the first degree.   6,383        

      (D)  Whoever violates division (A) of section 4503.236 of    6,385        

the Revised Code is guilty of a misdemeanor of the second degree.  6,386        

      (E)  Whoever violates section 4503.30, division (B) of       6,388        

section 4503.301, or section 4503.32 of the Revised Code is        6,390        

guilty of a misdemeanor of the third degree.                       6,391        

      (F)(1)  Whoever violates division (B) of section 4503.033    6,393        

of the Revised Code shall be fined one thousand dollars.           6,395        

                                                          146    


                                                                 
      (2)  Whoever violates division (C) of section 4503.033 of    6,397        

the Revised Code shall be fined ten thousand dollars.              6,398        

      Sec. 4505.01.  (A)  As used in this chapter:                 6,407        

      (1)  "Lien" includes, unless the context requires a          6,409        

different meaning, a security interest in a motor vehicle.         6,410        

      (2)  "Motor vehicle" includes manufactured homes and,        6,412        

MOBILE HOMES, recreational vehicles, and trailers and              6,415        

semitrailers whose weight exceeds four thousand pounds.                         

      (B)  The various certificates, applications, and             6,417        

assignments necessary to provide certificates of title for         6,418        

manufactured homes or, MOBILE HOMES, recreational vehicles, and    6,420        

trailers and semitrailers whose weight exceeds four thousand                    

pounds, shall be made upon forms prescribed by the registrar of    6,421        

motor vehicles.                                                                 

      Sec. 4505.06.  (A)  Application for a certificate of title   6,430        

shall be made in a form prescribed by the registrar of motor       6,432        

vehicles, and shall be sworn to before a notary public or other    6,433        

officer empowered to administer oaths.  The application shall be   6,434        

filed with the clerk of the court of common pleas of the county    6,435        

in which the applicant resides if the applicant is a resident of   6,436        

this state or, if not a resident, in the county in which the       6,437        

transaction is consummated.  An application for a certificate of   6,439        

title may be filed electronically by electronic image              6,440        

transmission in any county in which the clerk of the court of      6,441        

common pleas permits an application to be filed electronically.    6,442        

The signature of an officer empowered to administer oaths that     6,443        

appears on an application for a certificate of title, or on any    6,444        

other document required to be filed by this chapter that has been  6,445        

filed electronically, is not a facsimile signature as defined in   6,446        

section 9.10 of the Revised Code.  Any payments required by this   6,448        

chapter shall be considered as accompanying any electronically     6,449        

transmitted application when payment actually is received by the   6,450        

clerk.  Payment of any fee or taxes may be made by electronic      6,451        

transfer of funds.                                                              

                                                          147    


                                                                 
      The application for a certificate of title shall be          6,453        

accompanied by the fee prescribed in section 4505.09 of the        6,454        

Revised Code; and if a certificate of title previously has been    6,455        

issued for the motor vehicle in this state, it shall be            6,456        

accompanied by that certificate of title duly assigned, unless     6,457        

otherwise provided in this chapter.  If a certificate of title     6,458        

previously has not been issued for the motor vehicle in this       6,459        

state, the application, unless otherwise provided in this          6,460        

chapter, shall be accompanied by a manufacturer's or importer's    6,461        

certificate or by a certificate of title, bill of sale, or other   6,463        

evidence of ownership required by the law of another state from    6,464        

which the motor vehicle was brought into this state.  If the                    

application refers to a motor vehicle last previously registered   6,465        

in another state, the application also shall be accompanied by     6,466        

the physical inspection certificate required by section 4505.061   6,467        

of the Revised Code.  If the application is made by two persons    6,468        

regarding a motor vehicle in which they wish to establish joint    6,469        

ownership with right of survivorship they may do so as provided    6,470        

in section 2106.17 of the Revised Code.  The clerk shall retain    6,471        

the evidence of title presented by the applicant and on which the  6,472        

certificate of title is issued.  The clerk shall use reasonable    6,473        

diligence in ascertaining whether or not the facts in the          6,474        

application are true by checking the application and documents     6,475        

accompanying it with the records of motor vehicles in the clerk's  6,476        

office; if satisfied that the applicant is the owner of the motor  6,477        

vehicle and that the application is in the proper form, the        6,478        

clerk, within five business days after the application is filed,   6,479        

shall issue a certificate of title over the clerk's signature and  6,480        

sealed with the clerk's seal.  For purposes of the transfer of a   6,481        

certificate of title, if the clerk is satisfied that the secured   6,482        

party has duly discharged a lien notation, but has not canceled    6,483        

the lien notation with the clerk of the county of origin, the      6,484        

clerk may cancel the lien notation on the automated title          6,485        

processing system and notify the clerk of the county of origin.    6,486        

                                                          148    


                                                                 
      In the case of the sale of a motor vehicle to a general      6,488        

buyer or user by a dealer, by a motor vehicle leasing dealer       6,489        

selling the motor vehicle to the lessee or, in a case in which     6,490        

the leasing dealer subleased the motor vehicle, the sublessee, at  6,491        

the end of the lease agreement or sublease agreement, or by a      6,492        

manufactured home broker, the certificate of title shall be        6,493        

obtained in the name of the buyer by the dealer, leasing dealer,   6,495        

or the manufactured home broker, as the case may be, upon          6,496        

application signed by the buyer.  The certificate of title shall   6,497        

be issued within five business days after the application for      6,498        

title is filed with the clerk.  If the buyer of the motor vehicle  6,499        

previously leased the motor vehicle and is buying the motor        6,501        

vehicle at the end of the lease pursuant to that lease, the        6,502        

certificate of title shall be obtained in the name of the buyer                 

by the motor vehicle leasing dealer who previously leased the      6,503        

motor vehicle to the buyer or by the motor vehicle leasing dealer  6,504        

who subleased the motor vehicle to the buyer under a sublease      6,505        

agreement.                                                                      

      In all other cases, except as provided in division (D)(2)    6,507        

of section 4505.11 of the Revised Code, such certificates shall    6,508        

be obtained by the buyer.  In all cases of transfer of a motor     6,510        

vehicle, the application for certificate of title shall be filed   6,511        

within thirty days after the assignment or delivery of the motor   6,512        

vehicle.  If an application for a certificate of title is not      6,513        

filed within that period, the clerk shall collect a fee of five    6,514        

dollars for the issuance of the certificate, except that no such   6,515        

fee shall be required from a motor vehicle salvage dealer, as      6,516        

defined in division (A) of section 4738.01 of the Revised Code,    6,517        

who immediately surrenders the certificate of title for                         

cancellation.  The fee shall be in addition to all other fees      6,518        

established by this chapter, and shall be retained by the clerk.   6,519        

The registrar shall provide, on the certificate of title form      6,520        

prescribed by section 4505.07 of the Revised Code, language        6,521        

necessary to give evidence of the date on which the assignment or  6,522        

                                                          149    


                                                                 
delivery of the motor vehicle was made.                            6,523        

      As used in this division, "lease agreement," "lessee," and   6,525        

"sublease agreement" have the same meanings as in section 4505.04  6,526        

of the Revised Code.                                                            

      (B)  The clerk, except as provided in this section, shall    6,528        

refuse to accept for filing any application for a certificate of   6,529        

title and shall refuse to issue a certificate of title unless the  6,530        

dealer or manufactured home broker or the applicant, in cases in   6,531        

which the certificate shall be obtained by the buyer, submits      6,532        

with the application payment of the tax levied by or pursuant to   6,533        

Chapters 5739. and 5741. of the Revised Code.  Upon payment of     6,534        

the tax in accordance with division (E) of this section, the       6,535        

clerk shall issue a receipt prescribed by the registrar and        6,536        

agreed upon by the tax commissioner showing payment of the tax or  6,537        

a receipt issued by the commissioner showing the payment of the    6,538        

tax.  When submitting payment of the tax to the clerk, a dealer    6,539        

shall retain any discount to which the dealer is entitled under    6,540        

section 5739.12 of the Revised Code.                                            

      For receiving and disbursing such taxes paid to the clerk,   6,542        

the clerk may retain a poundage fee of one and one one-hundredth   6,543        

per cent, which shall be paid into the certificate of title        6,544        

administration fund created by section 325.33 of the Revised       6,546        

Code.                                                                           

      In the case of casual sales of motor vehicles, as defined    6,548        

in section 4517.01 of the Revised Code, the price for the purpose  6,550        

of determining the tax shall be the purchase price on the          6,551        

assigned certificate of title executed by the seller and filed     6,552        

with the clerk by the buyer on a form to be prescribed by the      6,553        

registrar, which shall be prima-facie evidence of the amount for   6,554        

the determination of the tax.                                                   

      (C)(1)  If the transferor indicates on the certificate of    6,556        

title that the odometer reflects mileage in excess of the          6,557        

designed mechanical limit of the odometer, the clerk shall enter   6,558        

the phrase "exceeds mechanical limits" following the mileage       6,559        

                                                          150    


                                                                 
designation.  If the transferor indicates on the certificate of    6,560        

title that the odometer reading is not the actual mileage, the     6,561        

clerk shall enter the phrase "nonactual: warning - odometer        6,563        

discrepancy" following the mileage designation.  The clerk shall                

use reasonable care in transferring the information supplied by    6,565        

the transferor, but is not liable for any errors or omissions of   6,566        

the clerk or those of the clerk's deputies in the performance of   6,567        

the clerk's duties created by this chapter.                                     

      The registrar shall prescribe an affidavit in which the      6,569        

transferor shall swear to the true selling price and, except as    6,570        

provided in this division, the true odometer reading of the motor  6,571        

vehicle.  The registrar may prescribe an affidavit in which the    6,572        

seller and buyer provide information pertaining to the odometer    6,573        

reading of the motor vehicle in addition to that required by this  6,574        

section, as such information may be required by the United States  6,575        

secretary of transportation by rule prescribed under authority of  6,576        

subchapter IV of the "Motor Vehicle Information and Cost Savings   6,577        

Act," 86 Stat. 961 (1972), 15 U.S.C. 1981.                         6,578        

      (2)  Division (C)(1) of this section does not require the    6,581        

giving of information concerning the odometer and odometer         6,582        

reading of a motor vehicle when ownership of a motor vehicle is    6,583        

being transferred as a result of a bequest, under the laws of      6,584        

intestate succession, to a surviving spouse pursuant to section    6,585        

2106.17, 2106.18, or 4505.10 of the Revised Code, or in            6,586        

connection with the creation of a security interest.               6,587        

      (D)  When the transfer to the applicant was made in some     6,589        

other state or in interstate commerce, the clerk, except as        6,590        

provided in this section, shall refuse to issue any certificate    6,591        

of title unless the tax imposed by or pursuant to Chapter 5741.    6,593        

of the Revised Code has been paid as evidenced by a receipt        6,594        

issued by the tax commissioner, or unless the applicant submits    6,595        

with the application payment of the tax.  Upon payment of the tax  6,596        

in accordance with division (E) of this section, the clerk shall   6,597        

issue a receipt prescribed by the registrar and agreed upon by     6,599        

                                                          151    


                                                                 
the tax commissioner, showing payment of the tax.  For receiving   6,600        

and disbursing such taxes paid to the clerk, the clerk may retain  6,601        

a poundage fee of one per cent.  When the vendor is not regularly  6,602        

engaged in the business of selling motor vehicles, the vendor      6,604        

shall not be required to purchase a vendor's license or make       6,605        

reports concerning such sales.                                                  

      (E)  The clerk shall accept any payment of a tax in cash,    6,607        

or by certified check, draft, or money order payable to the clerk  6,608        

and submitted with an application for a certificate of title       6,610        

under division (B) or (D) of this section.  The clerk also may     6,611        

accept payment of the tax by corporate, business, or personal      6,612        

check, credit card, electronic transfer or wire transfer, debit    6,613        

card, or any other accepted form of payment made payable to the    6,614        

clerk.  The clerk may require bonds, guarantees, or letters of     6,615        

credit to ensure the collection of corporate, business, or         6,616        

personal checks.  Any service fee charged by a third party to a    6,617        

clerk for the use of any form of payment may be paid by the clerk  6,618        

from the certificate of title administration fund created in       6,619        

section 325.33 of the Revised Code, or may be assessed by the      6,620        

clerk upon the applicant as an additional fee.  Upon collection,   6,621        

the additional fees shall be paid by the clerk into that                        

certificate of title administration fund.                          6,622        

      The clerk shall make a good faith effort to collect any      6,624        

payment of taxes due but not made because the payment was          6,625        

returned or dishonored, but the clerk is not personally liable     6,626        

for the payment of uncollected taxes or uncollected fees.  The     6,627        

clerk shall notify the tax commissioner of any such payment of     6,628        

taxes that is due but not made and shall furnish such information  6,629        

to the commissioner as the commissioner requires.  The clerk       6,630        

shall deduct the amount of taxes due but not paid from the         6,631        

clerk's periodic remittance of tax payments, in accordance with                 

procedures agreed upon by the tax commissioner.  The commissioner  6,632        

may collect taxes due by assessment in the manner provided in      6,633        

section 5739.13 of the Revised Code.                                            

                                                          152    


                                                                 
      Any person who presents payment that is returned or          6,635        

dishonored for any reason is liable to the clerk for payment of a  6,636        

penalty over and above the amount of the taxes due.  The clerk     6,637        

shall determine the amount of the penalty, which shall be no       6,638        

greater than that amount necessary to compensate the clerk for     6,639        

banking charges, legal fees, or other expenses incurred by the                  

clerk in collecting the returned or dishonored payment.  The       6,640        

remedies and procedures provided in this section are in addition   6,641        

to any other available civil or criminal remedies.  Subsequently   6,642        

collected penalties, poundage, and title fees, less any title fee  6,644        

due the state, from returned or dishonored payments collected by                

the clerk shall be paid into the certificate of title              6,645        

administration fund.  Subsequently collected taxes, less           6,646        

poundage, shall be sent by the clerk to the treasurer of state at  6,647        

the next scheduled periodic remittance of tax payments, with such  6,648        

information as the commissioner may require.  The clerk may abate               

all or any part of any penalty assessed under this division.       6,649        

      (F)  In the following cases, the clerk shall accept for      6,651        

filing such application and shall issue a certificate of title     6,652        

without requiring payment or evidence of payment of the tax:       6,653        

      (1)  When the purchaser is this state or any of its          6,655        

political subdivisions, a church, or an organization whose         6,656        

purchases are exempted by section 5739.02 of the Revised Code;     6,657        

      (2)  When the transaction in this state is not a retail      6,659        

sale as defined by section 5739.01 of the Revised Code;            6,660        

      (3)  When the purchase is outside this state or in           6,662        

interstate commerce and the purpose of the purchaser is not to     6,663        

use, store, or consume within the meaning of section 5741.01 of    6,664        

the Revised Code;                                                  6,665        

      (4)  When the purchaser is the federal government;           6,667        

      (5)  When the motor vehicle was purchased outside this       6,669        

state for use outside this state;                                  6,670        

      (6)  When the motor vehicle is purchased by a nonresident    6,672        

of this state for immediate removal from this state, and will be   6,673        

                                                          153    


                                                                 
permanently titled and registered in another state, as provided    6,674        

by division (B)(23) of section 5739.02 of the Revised Code, and    6,675        

upon presentation of a copy of the affidavit provided by that      6,676        

section, and a copy of the exemption certificate provided by       6,677        

section 5739.03 of the Revised Code.                               6,678        

      The clerk shall forward all payments of taxes, less          6,680        

poundage fee, to the treasurer of state in a manner to be          6,681        

prescribed by the tax commissioner and shall furnish such          6,682        

information to the commissioner as the commissioner requires.      6,683        

      (G)  An application, as prescribed by the registrar and      6,686        

agreed to by the tax commissioner, shall be filled out and sworn                

to by the buyer of a motor vehicle in a casual sale.  The          6,687        

application shall contain the following notice in bold lettering:  6,688        

"WARNING TO TRANSFEROR AND TRANSFEREE (SELLER AND BUYER):  You     6,689        

are required by law to state the true selling price.  A false      6,690        

statement is in violation of section 2921.13 of the Revised Code   6,692        

and is punishable by six months' imprisonment or a fine of up to   6,693        

one thousand dollars, or both.  All transfers are audited by the   6,694        

department of taxation.  The seller and buyer must provide any     6,695        

information requested by the department of taxation.  The buyer                 

may be assessed any additional tax found to be due."               6,696        

      (H)  THE CLERK SHALL ACCEPT FOR FILING, PURSUANT TO CHAPTER  6,699        

5739. OF THE REVISED CODE, AN APPLICATION FOR A CERTIFICATE OF     6,701        

TITLE FOR A MANUFACTURED HOME OR MOBILE HOME WITHOUT REQUIRING     6,702        

PAYMENT OF ANY TAX PURSUANT TO SECTION 5739.02, 5741.021,          6,703        

5741.022, OR 5741.023 OF THE REVISED CODE, OR A RECEIPT ISSUED BY  6,704        

THE TAX COMMISSIONER SHOWING PAYMENT OF THE TAX.  THE APPLICANT    6,705        

SHALL PAY TO THE CLERK A FEE OF FIVE DOLLARS FOR EACH CERTIFICATE  6,707        

OF TITLE ISSUED BY THE CLERK FOR A MANUFACTURED OR MOBILE HOME.    6,708        

THE CLERK SHALL CREDIT THE FEE TO THE COUNTY TITLE ADMINISTRATION  6,709        

FUND, AND THE FEE SHALL BE USED TO PAY THE EXPENSES OF ARCHIVING   6,710        

SUCH CERTIFICATES PURSUANT TO DIVISION (A) OF SECTION 4505.08 AND  6,712        

DIVISION (H)(3) OF SECTION 4505.11 OF THE REVISED CODE.  THE TAX   6,713        

COMMISSIONER SHALL ADMINISTER ANY TAX ON A MANUFACTURED OR MOBILE  6,714        

                                                          154    


                                                                 
HOME PURSUANT TO CHAPTERS 5739. AND 5741. OF THE REVISED CODE.     6,716        

      Sec. 4505.08.  (A)  The clerk of the court of common pleas   6,725        

shall issue certificates of title in duplicate.  One copy shall    6,726        

be retained and filed by the clerk in the clerk's office.  The     6,728        

clerk shall sign and affix the clerk's seal to the original        6,729        

certificate of title and, if there are no liens on the motor       6,731        

vehicle, shall deliver the certificate to the applicant or the     6,732        

selling dealer.  If there are one or more liens on the motor       6,734        

vehicle, the certificate of title shall be delivered to the        6,735        

holder of the first lien or the selling dealer, who shall deliver               

the certificate of title to the holder of the first lien.          6,736        

      The registrar of motor vehicles shall prescribe a uniform    6,738        

method of numbering certificates of title, and such numbering      6,739        

shall be in such manner that the county of issuance is indicated.  6,740        

The clerk shall assign numbers to certificates of title in the     6,741        

manner prescribed by the registrar.  The clerk shall file all      6,742        

certificates of title according to regulations to be prescribed    6,743        

by the registrar, and the clerk shall maintain in the clerk's      6,744        

office indexes for the certificates of title.                      6,746        

      The clerk need not retain on file any current certificates   6,749        

of title, current duplicate certificates of title, current         6,750        

memorandum certificates of title, or current salvage certificates  6,751        

of title, or supporting evidence thereof covering any motor        6,752        

vehicle or manufactured OR MOBILE home for a period longer than    6,753        

seven years after the date of its filing; thereafter the same may  6,754        

be destroyed.  The clerk need not retain on file any inactive      6,756        

records including certificates of title, duplicate certificates    6,757        

of title, memorandum certificates of title, or supporting          6,758        

evidence thereof covering any motor vehicle or manufactured OR     6,759        

MOBILE home for a period longer than five years after the date of  6,761        

its filing; thereafter, the same may be destroyed.  The clerk                   

shall retain the active index and all active records in the data   6,762        

base of the computer in the clerk's office, and shall retain in    6,763        

the data base a record and index of all inactive titles for ten    6,765        

                                                          155    


                                                                 
years, AND A RECORD AND INDEX OF ALL INACTIVE TITLES FOR           6,766        

MANUFACTURED AND MOBILE HOMES FOR THIRTY YEARS.  If the clerk      6,767        

provides a written copy of any information contained in the data   6,768        

base, the copy shall be considered the original for purposes of    6,769        

the clerk certifying the record of such information for use in                  

any legal proceeding.                                              6,770        

      (B)(1)  If the clerk issues a certificate of title for a     6,772        

motor vehicle that was last previously registered in another       6,773        

state, the clerk shall record verbatim, where practicable, in the  6,775        

space on the title described in division (B)(19) of section        6,776        

4505.07 of the Revised Code, the words that appear as a notation   6,777        

to the vehicle on the title issued by the previous state.  These   6,778        

notations may include, but are not limited to, words to the        6,779        

effect that the vehicle was considered or was categorized by the   6,780        

state in which it was last previously registered to be a law       6,781        

enforcement vehicle, a taxicab, or was once in a flood.            6,782        

      (2)  If the clerk, while issuing a certificate of title for  6,784        

a motor vehicle that was last previously registered in another     6,785        

state, receives information from the automated title processing    6,786        

system indicating that a title to the vehicle previously was       6,787        

issued by this state and that the previous title contained         6,788        

notations that appeared in the space described in division         6,789        

(B)(19) or (20) of section 4505.07 of the Revised Code, the clerk  6,790        

shall enter the notations that appeared on the previous            6,791        

certificate of title issued by this state on the new certificate   6,792        

of title in the space described in division (B)(19) or (20) of     6,793        

section 4505.07 of the Revised Code, irrespective of whether the   6,794        

notations appear on the certificate of title issued by the state   6,795        

in which the vehicle was last previously registered.               6,796        

      (3)  If the clerk, while issuing a certificate of title for  6,798        

a motor vehicle that was last previously registered in another     6,799        

state, receives information from the automated title processing    6,800        

system indicating that the vehicle was previously issued a title   6,801        

by this state and that the previous title bore the notation        6,803        

                                                          156    


                                                                 
"REBUILT SALVAGE" as required by division (E) of section 4505.11                

of the Revised Code, or the previous title to the vehicle issued   6,804        

by this state was a salvage certificate of title, the clerk shall  6,805        

cause the certificate of title the clerk issues to bear the        6,806        

notation "REBUILT SALVAGE" in the location prescribed by the       6,807        

registrar pursuant to that division.                               6,808        

      (C)  When the clerk issues a certificate of title for a      6,810        

motor vehicle that was last previously registered in this state    6,811        

and was a law enforcement vehicle, a taxicab, or was once in a     6,812        

flood, the clerk shall record that information in the space on     6,813        

the title described in division (B)(20) of section 4505.07 of the  6,814        

Revised Code.  The registrar, by rule, may prescribe any           6,815        

additional uses of or happenings to a motor vehicle that the                    

registrar has reason to believe should be noted on the             6,816        

certificate of title as provided in this division.                 6,817        

      (D)  The clerk shall use reasonable care in recording or     6,819        

entering onto titles the clerk issues any notation and             6,820        

information the clerk is required by divisions (B) and (C) of      6,822        

this section to record or enter and in causing the titles the      6,823        

clerk issues to bear any notation required by those divisions,     6,824        

but the clerk is not liable for any of the clerk's errors or       6,825        

omissions or those of the clerk's deputies, or the automated       6,826        

title processing system, in the performance of the duties imposed  6,827        

on the clerk by this section.                                      6,828        

      (E)  The clerk may issue a duplicate title, when duly        6,830        

applied for, of any title that has been destroyed as herein        6,831        

provided.                                                                       

      Sec. 4505.11.  (A)  Each owner of a motor vehicle and each   6,840        

person mentioned as owner in the last certificate of title, when   6,841        

the motor vehicle is dismantled, destroyed, or changed in such     6,842        

manner that it loses its character as a motor vehicle, or changed  6,843        

in such manner that it is not the motor vehicle described in the   6,844        

certificate of title, shall surrender the certificate of title to  6,846        

that motor vehicle to the clerk of the court of common pleas who                

                                                          157    


                                                                 
issued it, and thereupon the clerk, with the consent of any        6,848        

holders of any liens noted thereon, shall enter a cancellation     6,849        

upon the clerk's records and shall notify the registrar of motor   6,850        

vehicles of the cancellation.                                                   

      Upon the cancellation of a certificate of title in the       6,852        

manner prescribed by this section, the clerk and the registrar of  6,854        

motor vehicles may cancel and destroy all certificates and all     6,855        

memorandum certificates in that chain of title.                    6,856        

      (B)  Where an Ohio certificate of title or salvage           6,858        

certificate of title to a motor vehicle is assigned to a salvage   6,859        

dealer, the dealer is not required to obtain an Ohio certificate   6,861        

of title or a salvage certificate of title to the motor vehicle    6,862        

in the dealer's own name if the dealer dismantles or destroys the  6,863        

motor vehicle, indicates the number of the dealer's motor vehicle  6,864        

salvage dealer's license thereon, marks "FOR DESTRUCTION" across   6,866        

the face of the certificate of title or salvage certificate of     6,867        

title, and surrenders the certificate of title or salvage          6,868        

certificate of title to the clerk of the court of common pleas as  6,869        

provided in division (A) of this section.  If the salvage dealer   6,870        

retains the motor vehicle for resale, the dealer shall make        6,871        

application for a salvage certificate of title to the motor                     

vehicle in the dealer's own name as provided in division (C)(1)    6,872        

of this section.                                                   6,873        

      (C)(1)  When an insurance company declares it economically   6,875        

impractical to repair such a motor vehicle and has paid an agreed  6,876        

price for the purchase of the motor vehicle to any insured or      6,877        

claimant owner, the insurance company shall receive the            6,878        

certificate of title and the motor vehicle and proceed as          6,879        

follows.  Within thirty days the insurance company shall deliver   6,880        

the certificate of title to the clerk of the court of common       6,881        

pleas and shall make application for a salvage certificate of      6,882        

title.  The clerk shall issue the salvage certificate of title on  6,883        

a form, prescribed by the registrar, that shall be easily          6,885        

distinguishable from the original certificate of title and shall   6,886        

                                                          158    


                                                                 
bear the same number and information as the original certificate   6,887        

of title.  Except as provided in division (C)(2) of this section,  6,888        

the salvage certificate of title shall be assigned by the          6,889        

insurance company to a salvage dealer or any other person for use  6,890        

as evidence of ownership upon the sale or other disposition of     6,891        

the motor vehicle, and the salvage certificate of title shall be   6,892        

transferrable to any other person.  The clerk shall charge a fee   6,893        

of four dollars for the cost of processing each salvage            6,894        

certificate of title.                                              6,895        

      (2)  If an insurance company considers a motor vehicle as    6,897        

described in division (C)(1) of this section to be impossible to   6,898        

restore for highway operation, the insurance company may assign    6,899        

the certificate of title to the motor vehicle to a salvage dealer  6,900        

or scrap metal processing facility and send the assigned           6,901        

certificate of title to the clerk of the court of common pleas of  6,902        

the county in which the salvage dealer or scrap metal processing   6,903        

facility is located.  The insurance company shall mark the face    6,904        

of the certificate of title "FOR DESTRUCTION" and shall deliver a  6,905        

photocopy of the certificate of title to the salvage dealer or     6,906        

scrap metal processing facility for its records.                   6,907        

      (3)  If an insurance company declares it economically        6,909        

impractical to repair a motor vehicle, agrees to pay to the        6,910        

insured or claimant owner an amount in settlement of a claim       6,911        

against a policy of motor vehicle insurance covering the motor     6,912        

vehicle, and agrees to permit the insured or claimant owner to     6,913        

retain possession of the motor vehicle, the insurance company      6,914        

shall not pay the insured or claimant owner any amount in          6,915        

settlement of the insurance claim until the owner obtains a        6,916        

salvage certificate of title to the vehicle and furnishes a copy   6,917        

of the salvage certificate of title to the insurance company.      6,918        

      (D)  When a self-insured organization, rental or leasing     6,920        

company, or secured creditor becomes the owner of a motor vehicle  6,921        

that is burned, damaged, or dismantled and is determined to be     6,922        

economically impractical to repair, the self-insured               6,923        

                                                          159    


                                                                 
organization, rental or leasing company, or secured creditor       6,924        

shall do one of the following:                                     6,925        

      (1)  Mark the face of the certificate of title to the motor  6,927        

vehicle "FOR DESTRUCTION" and surrender the certificate of title   6,928        

to the clerk of the court of common pleas for cancellation as      6,929        

described in division (A) of this section.  The self-insured       6,930        

organization, rental or leasing company, or secured creditor       6,931        

thereupon shall deliver the motor vehicle, together with a         6,932        

photocopy of the certificate of title, to a salvage dealer or      6,933        

scrap metal processing facility and shall cause the motor vehicle  6,934        

to be dismantled, flattened, crushed, or destroyed.                6,935        

      (2)  Obtain a salvage certificate of title to the motor      6,937        

vehicle in the name of the self-insured organization, rental or    6,938        

leasing company, or secured creditor, as provided in division      6,939        

(C)(1) of this section, and then sell or otherwise dispose of the  6,940        

motor vehicle.  If the motor vehicle is sold, the self-insured     6,941        

organization, rental or leasing company, or secured creditor       6,942        

shall obtain a salvage certificate of title to the motor vehicle   6,943        

in the name of the purchaser from the clerk of the court of        6,944        

common pleas of the county in which the purchaser resides.         6,945        

      (E)  If a motor vehicle titled with a salvage certificate    6,947        

of title is restored for operation upon the highways, application  6,948        

shall be made to the clerk of the court of common pleas for a      6,949        

certificate of title.  Upon inspection by the state highway        6,950        

patrol, which shall include establishing proof of ownership and    6,951        

an inspection of the motor number and vehicle identification       6,952        

number of the motor vehicle and of documentation or receipts for   6,953        

the materials used in restoration by the owner of the motor        6,954        

vehicle being inspected, which documentation or receipts shall be  6,955        

presented at the time of inspection, the clerk, upon surrender of  6,956        

the salvage certificate of title, shall issue a certificate of     6,957        

title for a fee prescribed by the registrar.  The certificate of   6,958        

title shall be in the same form as the original certificate of     6,959        

title, shall bear the same number as the salvage certificate of    6,960        

                                                          160    


                                                                 
title and the original certificate of title, and shall bear the    6,961        

words "REBUILT SALVAGE" in black boldface letters on its face.     6,962        

Every subsequent certificate of title, memorandum certificate of   6,963        

title, or duplicate certificate of title issued for the motor      6,965        

vehicle also shall bear the words "REBUILT SALVAGE" in black       6,967        

boldface letters on its face.  The exact location on the face of   6,968        

the certificate of title of the words "REBUILT SALVAGE" shall be   6,969        

determined by the registrar, who shall develop an automated        6,970        

procedure within the automated title processing system to comply   6,971        

with this division.  The clerk shall use reasonable care in        6,972        

performing the duties imposed on the clerk by this division in     6,973        

issuing a certificate of title pursuant to this division, but the  6,975        

clerk is not liable for any of the clerk's errors or omissions or  6,976        

those of the clerk's deputies, or the automated title processing   6,978        

system in the performance of those duties.  A fee of forty         6,979        

dollars in fiscal year 1998 and fifty dollars in fiscal year 1999  6,980        

and thereafter shall be assessed by the state highway patrol for   6,981        

each inspection made pursuant to this division and shall be        6,982        

deposited into the state highway safety fund established by        6,983        

section 4501.06 of the Revised Code.                                            

      (F)  No person shall operate upon the highways in this       6,985        

state a motor vehicle, title to which is evidenced by a salvage    6,986        

certificate of title, except to deliver the motor vehicle          6,987        

pursuant to an appointment for an inspection under this section.   6,988        

      (G)  No motor vehicle the certificate of title to which has  6,990        

been marked "FOR DESTRUCTION" and surrendered to the clerk of the  6,991        

court of common pleas shall be used for anything except parts and  6,992        

scrap metal.                                                       6,993        

      (H)(1)  EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, AN    6,996        

OWNER OF A MANUFACTURED OR MOBILE HOME THAT WILL BE TAXED AS REAL  6,997        

PROPERTY PURSUANT TO DIVISION (B) OF SECTION 4503.06 OF THE        6,999        

REVISED CODE, SHALL SURRENDER THE CERTIFICATE OF TITLE TO THE      7,001        

AUDITOR OF THE COUNTY CONTAINING THE TAXING DISTRICT IN WHICH THE  7,002        

HOME IS LOCATED.  AN OWNER WHOSE HOME QUALIFIES FOR REAL PROPERTY  7,003        

                                                          161    


                                                                 
TAXATION UNDER DIVISION (B)(1)(a) AND (b) OF SECTION 4503.06 OF    7,005        

THE REVISED CODE SHALL SURRENDER THE CERTIFICATE WITHIN FIFTEEN    7,007        

DAYS AFTER THE HOME MEETS THE CONDITIONS SPECIFIED IN THAT         7,008        

DIVISION.  THE AUDITOR SHALL DELIVER THE CERTIFICATE OF TITLE TO   7,009        

THE CLERK OF THE COURT OF COMMON PLEAS THAT ISSUED IT.             7,010        

      (2)  IF THE CERTIFICATE OF TITLE FOR A MANUFACTURED OR       7,012        

MOBILE HOME THAT IS TO BE TAXED AS REAL PROPERTY IS HELD BY A      7,013        

LIENHOLDER, THE LIENHOLDER SHALL SURRENDER THE CERTIFICATE OF      7,015        

TITLE TO THE AUDITOR OF THE COUNTY CONTAINING THE TAXING DISTRICT  7,016        

IN WHICH THE HOME IS LOCATED, AND THE AUDITOR SHALL DELIVER THE    7,017        

CERTIFICATE OF TITLE TO CLERK THE OF THE COURT OF COMMON PLEAS     7,019        

THAT ISSUED IT.  THE LIENHOLDER SHALL SURRENDER THE CERTIFICATE    7,020        

WITHIN THIRTY DAYS AFTER BOTH OF THE FOLLOWING HAVE OCCURRED:      7,021        

      (a)  THE HOMEOWNER HAS PROVIDED WRITTEN NOTICE TO THE        7,024        

LIENHOLDER REQUESTING THAT THE CERTIFICATE OF TITLE BE                          

SURRENDERED TO THE AUDITOR OF THE COUNTY CONTAINING THE TAXING     7,026        

DISTRICT IN WHICH THE HOME IS LOCATED;                             7,027        

      (b)  THE HOMEOWNER HAS EITHER PAID THE LIENHOLDER THE        7,030        

REMAINING BALANCE OWED TO THE LIENHOLDER, OR, WITH THE                          

LIENHOLDER'S CONSENT, EXECUTED AND DELIVERED TO THE LIENHOLDER A   7,032        

MORTGAGE ON THE HOME AND LAND ON WHICH THE HOME IS SITED IN THE    7,033        

AMOUNT OF THE REMAINING BALANCE OWED TO THE LIENHOLDER.            7,034        

      (3)  UPON THE DELIVERY OF A CERTIFICATE OF TITLE BY THE      7,036        

COUNTY AUDITOR TO THE CLERK OF THE COURT, THE CLERK OF THE COURT   7,038        

SHALL INACTIVATE IT AND RETAIN IT FOR A PERIOD OF THIRTY YEARS.    7,039        

      Sec. 4505.20.  (A)  Notwithstanding division (B) of section  7,046        

4505.18 or any other provision of Chapter 4505. or 4517. of the    7,047        

Revised Code, a secured party may designate any dealer to          7,048        

display, display for sale, or sell a manufactured OR MOBILE home   7,049        

if the manufactured home has come into the possession of that      7,050        

secured party by a default in the terms of a security instrument   7,051        

and the certificate of title remains in the name and possession    7,052        

of the secured party.                                              7,053        

      (B)  Notwithstanding division (B) of section 4505.18 or any  7,055        

                                                          162    


                                                                 
other provision of Chapter 4505. or 4517. of the Revised Code,     7,056        

the owner of a recreational vehicle or a secured party of a        7,057        

recreational vehicle who has come into possession of the vehicle   7,058        

by a default in the terms of a security instrument, may designate  7,059        

any dealer to display, display for sale, or sell the vehicle       7,060        

while the certificate of title remains in the possession of the    7,061        

owner or secured party.  No dealer may display or offer for sale   7,062        

more than five recreational vehicles at any time under this        7,063        

division.  No dealer may display or offer for sale a recreational  7,064        

vehicle under this division unless the dealer maintains insurance  7,065        

or the bond of a surety company authorized to transact business    7,066        

within this state in an amount sufficient to satisfy the fair      7,067        

market value of the vehicle.                                       7,068        

      (C)  The registrar of motor vehicles may adopt rules in      7,070        

accordance with Chapter 119. of the Revised Code prescribing the   7,071        

maximum number of manufactured OR MOBILE homes that have come      7,072        

into the possession of a secured party by a default in the terms   7,073        

of a security instrument that any dealer may display or offer for  7,074        

sale at any time.  The registrar may adopt other reasonable rules  7,075        

regarding the resale of such manufactured homes, MOBILE HOMES,     7,077        

and recreational vehicles that he THE REGISTRAR considers          7,078        

necessary.                                                                      

      (D)  The secured party or owner shall provide the dealer     7,080        

with written authorization to display, display for sale, or sell   7,082        

the manufactured home, MOBILE HOME, or recreational vehicle.  The  7,083        

dealer shall show and explain the written authorization to any     7,084        

prospective purchaser.  The written authorization shall contain    7,085        

the vehicle identification number, make, model, year of            7,086        

manufacture, and physical description of the manufactured home,    7,087        

MOBILE HOME, or recreational vehicle that is provided to the       7,089        

dealer.                                                                         

      (E)  As used in this section, "dealer" means a new motor     7,091        

vehicle dealer that is licensed under Chapter 4517. of the         7,094        

Revised Code.                                                                   

                                                          163    


                                                                 
      Sec. 4511.701.  No person shall occupy any travel trailer    7,103        

or nonself-propelled manufactured OR MOBILE home while it is       7,105        

being used as a conveyance upon a street or highway.               7,106        

      Sec. 4517.01.  As used in sections 4517.01 to 4517.65 of     7,115        

the Revised Code:                                                  7,116        

      (A)  "Persons" includes individuals, firms, partnerships,    7,118        

associations, joint stock companies, corporations, and any         7,119        

combinations of individuals.                                       7,120        

      (B)  "Motor vehicle" means motor vehicle as defined in       7,122        

section 4501.01 of the Revised Code.                               7,123        

      (C)  "New motor vehicle" means a motor vehicle, the legal    7,125        

title to which has never been transferred by a manufacturer,       7,126        

remanufacturer, distributor, or dealer to an ultimate purchaser.   7,127        

      (D)  "Ultimate purchaser" means, with respect to any new     7,129        

motor vehicle, the first person, other than a dealer purchasing    7,130        

in the capacity of a dealer, who in good faith purchases such new  7,132        

motor vehicle for purposes other than resale.                      7,133        

      (E)  "Business" includes any activities engaged in by any    7,135        

person for the object of gain, benefit, or advantage either        7,136        

direct or indirect.                                                7,137        

      (F)  "Engaging in business" means commencing, conducting,    7,139        

or continuing in business, or liquidating a business when the      7,140        

liquidator thereof holds self out to be conducting such business;  7,143        

making a casual sale or otherwise making transfers in the          7,144        

ordinary course of business when the transfers are made in                      

connection with the disposition of all or substantially all of     7,145        

the transferor's assets is not engaging in business.               7,146        

      (G)  "Retail sale" or "sale at retail" means the act or      7,148        

attempted act of selling, bartering, exchanging, or otherwise      7,149        

disposing of a motor vehicle to an ultimate purchaser for use as   7,150        

a consumer.                                                        7,151        

      (H)  "Retail installment contract" includes any contract in  7,153        

the form of a note, chattel mortgage, conditional sales contract,  7,154        

lease, agreement, or other instrument payable in one or more       7,155        

                                                          164    


                                                                 
installments over a period of time and arising out of the retail   7,156        

sale of a motor vehicle.                                           7,157        

      (I)  "Farm machinery" means all machines and tools used in   7,159        

the production, harvesting, and care of farm products.             7,160        

      (J)  "Dealer" or "motor vehicle dealer" means any new motor  7,162        

vehicle dealer, any motor vehicle leasing dealer, and any used     7,163        

motor vehicle dealer.                                              7,164        

      (K)  "New motor vehicle dealer" means any person engaged in  7,166        

the business of selling at retail, displaying, offering for sale,  7,167        

or dealing in new motor vehicles pursuant to a contract or         7,168        

agreement entered into with the manufacturer, remanufacturer, or   7,169        

distributor of the motor vehicles.                                 7,170        

      (L)  "Used motor vehicle dealer" means any person engaged    7,172        

in the business of selling, displaying, offering for sale, or      7,173        

dealing in used motor vehicles, at retail or wholesale, but does   7,174        

not mean any new motor vehicle dealer selling, displaying,         7,175        

offering for sale, or dealing in used motor vehicles incidentally  7,176        

to engaging in the business of selling, displaying, offering for   7,177        

sale, or dealing in new motor vehicles, any person engaged in the  7,178        

business of dismantling, salvaging, or rebuilding motor vehicles   7,179        

by means of using used parts, or any public officer performing     7,180        

official duties.                                                   7,181        

      (M)  "Motor vehicle leasing dealer" means any person         7,183        

engaged in the business of regularly making available, offering    7,184        

to make available, or arranging for another person to use a motor  7,185        

vehicle pursuant to a bailment, lease, sublease, or other          7,186        

contractual arrangement under which a charge is made for its use   7,188        

at a periodic rate for a term of thirty days or more, and title    7,189        

to the motor vehicle is in and remains in the motor vehicle        7,191        

leasing dealer who originally leases it, irrespective of whether                

or not the motor vehicle is the subject of a later sublease, and   7,192        

not in the user, but does not mean a manufacturer or its           7,194        

affiliate leasing to its employees or to dealers.                  7,195        

      (N)  "Salesperson" means any person employed by a dealer or  7,197        

                                                          165    


                                                                 
manufactured home broker to sell, display, and offer for sale, or  7,198        

deal in motor vehicles for a commission, compensation, or other    7,200        

valuable consideration, but does not mean any public officer       7,201        

performing official duties.                                                     

      (O)  "Casual sale" means any transfer of a motor vehicle by  7,203        

a person other than a new motor vehicle dealer, used motor         7,204        

vehicle dealer, motor vehicle salvage dealer, as defined in        7,205        

division (A) of section 4738.01 of the Revised Code, salesperson,  7,206        

motor vehicle auction owner, manufacturer, or distributor acting   7,207        

in the capacity of a dealer, salesperson, auction owner,           7,208        

manufacturer, or distributor, to a person who purchases the motor  7,209        

vehicle for use as a consumer.                                     7,210        

      (P)  "Motor vehicle show" means a display of current models  7,212        

of motor vehicles whereby the primary purpose is the exhibition    7,213        

of competitive makes and models in order to provide the general    7,214        

public the opportunity to review and inspect various makes and     7,215        

models of motor vehicles at a single location.                     7,216        

      (Q)  "Motor vehicle auction owner" means any person who is   7,218        

engaged wholly or in part in the business of auctioning motor      7,219        

vehicles.                                                          7,220        

      (R)  "Manufacturer" means a person who manufactures,         7,222        

assembles, or imports motor vehicles, including motor homes, but   7,223        

does not mean a person who only assembles or installs a body,      7,224        

special equipment unit, finishing trim, or accessories on a motor  7,225        

vehicle chassis supplied by a manufacturer or distributor.         7,226        

      (S)  "Tent-type fold-out camping trailer" means any vehicle  7,228        

intended to be used, when stationary, as a temporary shelter with  7,229        

living and sleeping facilities, and which is subject to the        7,230        

following properties and limitations:                              7,231        

      (1)  A minimum of twenty-five per cent of the fold-out       7,233        

portion of the top and sidewalls combined must be constructed of   7,234        

canvas, vinyl, or other fabric, and form an integral part of the   7,235        

shelter.                                                           7,236        

      (2)  When folded, the unit must not exceed:                  7,238        

                                                          166    


                                                                 
      (a)  Fifteen feet in length, exclusive of bumper and         7,240        

tongue;                                                            7,241        

      (b)  Sixty inches in height from the point of contact with   7,243        

the ground;                                                        7,244        

      (c)  Eight feet in width;                                    7,246        

      (d)  One ton gross weight at time of sale.                   7,248        

      (T)  "Distributor" means any person authorized by a motor    7,250        

vehicle manufacturer to distribute new motor vehicles to licensed  7,251        

new motor vehicle dealers, but does not mean a person who only     7,252        

assembles or installs a body, special equipment unit, finishing    7,253        

trim, or accessories on a motor vehicle chassis supplied by a      7,254        

manufacturer or distributor.                                       7,255        

      (U)  "Flea market" means a market place, other than a        7,257        

dealer's location licensed under this chapter, where a space or    7,258        

location is provided for a fee or compensation to a seller to      7,259        

exhibit and offer for sale or trade, motor vehicles to the         7,260        

general public.                                                    7,261        

      (V)  "Franchise" means any written agreement, contract, or   7,263        

understanding between any motor vehicle manufacturer or            7,264        

remanufacturer engaged in commerce and any motor vehicle dealer,   7,265        

which purports to fix the legal rights and liabilities of the      7,266        

parties to such agreement, contract, or understanding.             7,267        

      (W)  "Franchisee" means a person who receives new motor      7,269        

vehicles from the franchisor under a franchise agreement and who   7,270        

offers, sells, and provides service for such new motor vehicles    7,271        

to the general public.                                             7,272        

      (X)  "Franchisor" means a new motor vehicle manufacturer,    7,274        

remanufacturer, or distributor who supplies new motor vehicles     7,275        

under a franchise agreement to a franchisee.                       7,276        

      (Y)  "Dealer organization" means a state or local trade      7,278        

association the membership of which is comprised predominantly of  7,279        

new motor vehicle dealers.                                         7,280        

      (Z)  "Factory representative" means a representative         7,282        

employed by a manufacturer, remanufacturer, or by a factory        7,283        

                                                          167    


                                                                 
branch primarily for the purpose of promoting the sale of its      7,284        

motor vehicles, parts, or accessories to dealers or for            7,285        

supervising or contacting its dealers or prospective dealers.      7,286        

      (AA)  "Administrative or executive management" means those   7,288        

individuals who are not subject to federal wage and hour laws.     7,289        

      (BB)  "Good faith" means honesty in the conduct or           7,291        

transaction concerned and the observance of reasonable commercial  7,292        

standards of fair dealing in the trade as is defined in division   7,293        

(S) of section 1301.01 of the Revised Code, including, but not     7,294        

limited to, the duty to act in a fair and equitable manner so as   7,295        

to guarantee freedom from coercion, intimidation, or threats of    7,296        

coercion or intimidation; provided however, that recommendation,   7,297        

endorsement, exposition, persuasion, urging, or argument shall     7,298        

not be considered to constitute a lack of good faith.              7,299        

      (CC)  "Coerce" means to compel or attempt to compel by       7,301        

failing to act in good faith or by threat of economic harm,        7,302        

breach of contract, or other adverse consequences.  Coerce does    7,303        

not mean to argue, urge, recommend, or persuade.                   7,304        

      (DD)  "Relevant market area" means any area within a radius  7,306        

of ten miles from the site of a potential new dealership, except   7,307        

that for manufactured home or recreational vehicle dealerships     7,308        

the radius shall be twenty-five miles.                             7,309        

      (EE)  "Wholesale" or "at wholesale" means the act or         7,311        

attempted act of selling, bartering, exchanging, or otherwise      7,312        

disposing of a motor vehicle to a transferee for the purpose of    7,313        

resale and not for ultimate consumption by that transferee.        7,314        

      (FF)  "Motor vehicle wholesaler" means any person licensed   7,316        

as a dealer under the laws of another state and engaged in the     7,318        

business of selling, displaying, or offering for sale used motor   7,319        

vehicles, at wholesale, but does not mean any motor vehicle                     

dealer as defined in this section.                                 7,320        

      (GG)(1)  "Remanufacturer" means a person who assembles or    7,322        

installs passenger seating, walls, a roof elevation, or a body     7,323        

extension on a conversion van with the motor vehicle chassis       7,324        

                                                          168    


                                                                 
supplied by a manufacturer or distributor, a person who modifies   7,326        

a truck chassis supplied by a manufacturer or distributor for use  7,327        

as a public safety or public service vehicle, a person who         7,328        

modifies a motor vehicle chassis supplied by a manufacturer or     7,329        

distributor for use as a limousine or hearse, or a person who      7,330        

modifies an incomplete motor vehicle cab and chassis supplied by   7,331        

a new motor vehicle dealer or distributor for use as a tow truck,  7,332        

but does not mean either of the following:                         7,333        

      (a)  A person who assembles or installs passenger seating,   7,335        

walls, a roof elevation, or a body extension on a manufactured     7,336        

home as defined in division (C)(4) OF SECTION 3781.06 OF THE       7,338        

REVISED CODE, A MOBILE HOME AS DEFINED IN DIVISION (O) and         7,339        

referred to in division (B) of section 4501.01 of the Revised      7,340        

Code, or a recreational vehicle as defined in division (Q) and     7,341        

referred to in division (B) of section 4501.01 of the Revised      7,342        

Code;                                                                           

      (b)  A person who assembles or installs special equipment    7,344        

or accessories for handicapped persons, as defined in section      7,345        

4503.44 of the Revised Code, upon a motor vehicle chassis          7,346        

supplied by a manufacturer or distributor.                         7,347        

      (2)  For the purposes of division (GG)(1) of this section,   7,349        

"public safety vehicle or public service vehicle" means a fire     7,351        

truck, ambulance, school bus, street sweeper, garbage packing      7,352        

truck, or cement mixer, or a mobile self-contained facility        7,353        

vehicle.                                                                        

      (3)  For the purposes of division (GG)(1) of this section,   7,355        

"limousine" means a motor vehicle, designed only for the purpose   7,356        

of carrying nine or fewer passengers, that a person modifies by    7,357        

cutting the original chassis, lengthening the wheelbase by forty   7,358        

inches or more, and reinforcing the chassis in such a way that     7,360        

all modifications comply with all applicable federal motor                      

vehicle safety standards.  No person shall qualify as or be        7,361        

deemed to be a remanufacturer who produces limousines unless the   7,362        

person has a written agreement with the manufacturer of the        7,363        

                                                          169    


                                                                 
chassis the person utilizes to produce the limousines to complete  7,364        

properly the remanufacture of the chassis into limousines.         7,365        

      (4)  For the purposes of division (GG)(1) of this section,   7,368        

"hearse" means a motor vehicle, designed only for the purpose of   7,369        

transporting a single casket, that is equipped with a compartment  7,370        

designed specifically to carry a single casket that a person       7,371        

modifies by cutting the original chassis, lengthening the          7,372        

wheelbase by ten inches or more, and reinforcing the chassis in    7,373        

such a way that all modifications comply with all applicable       7,374        

federal motor vehicle safety standards.  No person shall qualify   7,375        

as or be deemed to be a remanufacturer who produces hearses        7,376        

unless the person has a written agreement with the manufacturer    7,377        

of the chassis the person utilizes to produce the hearses to       7,378        

complete properly the remanufacture of the chassis into hearses.   7,379        

      (5)  For the purposes of division (GG)(1) of this section,   7,382        

"mobile self-contained facility vehicle" means a mobile classroom  7,383        

vehicle, mobile laboratory vehicle, bookmobile, bloodmobile,       7,384        

testing laboratory, and mobile display vehicle, each of which is   7,385        

designed for purposes other than for passenger transportation and  7,387        

other than the transportation or displacement of cargo, freight,   7,388        

materials, or merchandise.  A vehicle is remanufactured into a     7,389        

mobile self-contained facility vehicle in part by the addition of  7,390        

insulation to the body shell, and installation of all of the       7,391        

following:  a generator, electrical wiring, plumbing, holding      7,392        

tanks, doors, windows, cabinets, shelving, and heating,                         

ventilating, and air conditioning systems.                         7,393        

      (6)  For the purposes of division (GG)(1) of this section,   7,396        

"tow truck" means both of the following:                                        

      (a)  An incomplete cab and chassis that are purchased by a   7,399        

remanufacturer from a new motor vehicle dealer or distributor of   7,400        

the cab and chassis and on which the remanufacturer then installs  7,401        

in a permanent manner a wrecker body it purchases from a           7,402        

manufacturer or distributor of wrecker bodies, installs an         7,403        

emergency flashing light pylon and emergency lights upon the mast  7,404        

                                                          170    


                                                                 
of the wrecker body or rooftop, and installs such other related    7,405        

accessories and equipment, including push bumpers, front grille    7,406        

guards with pads and other custom-ordered items such as painting,  7,407        

special lettering, and safety striping so as to create a complete  7,408        

motor vehicle capable of lifting and towing another motor          7,409        

vehicle.                                                                        

      (b)  An incomplete cab and chassis that are purchased by a   7,412        

remanufacturer from a new motor vehicle dealer or distributor of   7,413        

the cab and chassis and on which the remanufacturer then installs  7,414        

in a permanent manner a car carrier body it purchases from a       7,415        

manufacturer or distributor of car carrier bodies, installs an     7,416        

emergency flashing light pylon and emergency lights upon the       7,417        

rooftop, and installs such other related accessories and           7,418        

equipment, including push bumpers, front grille guards with pads   7,419        

and other custom-ordered items such as painting, special           7,420        

lettering, and safety striping.                                                 

      As used in division (G)(6)(b) of this section, "car carrier  7,424        

body" means a mechanical or hydraulic apparatus capable of         7,425        

lifting and holding a motor vehicle on a flat level surface so     7,426        

that one or more motor vehicles can be transported, once the car   7,427        

carrier is permanently installed upon an incomplete cab and        7,428        

chassis.                                                                        

      (HH)  "Operating as a new motor vehicle dealership" means    7,430        

engaging in activities such as displaying, offering for sale, and  7,431        

selling new motor vehicles at retail, operating a service          7,432        

facility to perform repairs and maintenance on motor vehicles,     7,433        

offering for sale and selling motor vehicle parts at retail, and   7,434        

conducting all other acts that are usual and customary to the      7,435        

operation of a new motor vehicle dealership.  For the purposes of  7,436        

this chapter only, possession of either a valid new motor vehicle  7,437        

dealer franchise agreement or a new motor vehicle dealers          7,438        

license, or both of these items, is not evidence that a person is  7,439        

operating as a new motor vehicle dealership.                       7,440        

      (II)  "Manufactured home broker" means any person acting as  7,442        

                                                          171    


                                                                 
a selling agent on behalf of an owner of a manufactured home that  7,443        

is subject to taxation under section 4503.06 of the Revised Code.  7,444        

      Sec. 4517.03.  (A)  A place of business that is used for     7,453        

selling, displaying, offering for sale, or dealing in motor        7,454        

vehicles shall be considered as used exclusively for those         7,455        

purposes even though snowmobiles, all-purpose vehicles, or farm    7,456        

machinery is sold or displayed there, or if repair, accessory,     7,457        

gasoline and oil, storage, parts, service, or paint departments    7,459        

are maintained there, or such products or services are provided    7,460        

there, if the departments are operated or the products or          7,462        

services are provided for the business of selling, displaying,     7,463        

offering for sale, or dealing in motor vehicles.  Places of        7,464        

business or departments in a place of business used to dismantle,  7,465        

salvage, or rebuild motor vehicles by means of using used parts,   7,466        

are not considered as being maintained for the purpose of          7,467        

assisting or furthering the selling, displaying, offering for      7,468        

sale, or dealing in motor vehicles.  A place of business shall be  7,469        

considered as used exclusively for selling, displaying, offering   7,470        

for sale, or dealing in motor vehicles even though a business      7,471        

owned by a motor vehicle leasing dealer as defined in section      7,473        

4517.01 of the Revised Code or a motor vehicle renting dealer as                

defined in section 4549.65 of the Revised Code is located at the   7,474        

place of business.                                                 7,475        

      (B)  No new motor vehicle dealer shall sell, display, offer  7,477        

for sale, or deal in motor vehicles at any place except an         7,478        

established place of business that is used exclusively for the     7,479        

purpose of selling, displaying, offering for sale, or dealing in   7,480        

motor vehicles and has.  THE PLACE OF BUSINESS SHALL HAVE space,   7,482        

under roof, for the display of at least one new motor vehicle and  7,483        

facilities and space therewith for the inspection, servicing, and  7,484        

repair of at least one motor vehicle; except that a new motor      7,485        

vehicle dealer selling manufactured OR MOBILE homes is exempt      7,486        

from the requirement that a place of business have space, under    7,487        

roof, for the display of at least one new motor vehicle and        7,488        

                                                          172    


                                                                 
facilities and space therewith for the inspection, servicing, and  7,489        

repair of at least one motor vehicle.                                           

      Nothing contained in Chapter 4517. of the Revised Code       7,491        

shall be construed as prohibiting the sale of a manufactured home  7,492        

located in a  manufactured home park by a licensed motor vehicle   7,493        

dealer who is the owner of the manufactured home park.             7,494        

      (C)  No used motor vehicle dealer shall sell, display,       7,496        

offer for sale, or deal in motor vehicles at any place except an   7,497        

established place of business that is used exclusively for the     7,498        

purpose of selling, displaying, offering for sale, or dealing in   7,499        

motor vehicles.                                                    7,500        

      (D)  No motor vehicle leasing dealer shall make a motor      7,502        

vehicle available for use by another, in the manner described in   7,503        

division (M) of section 4517.01 of the Revised Code, at any place  7,504        

except an established place of business that is used for leasing   7,505        

motor vehicles; except that a motor vehicle leasing dealer who is  7,506        

also a new motor vehicle dealer or used motor vehicle dealer may   7,507        

lease motor vehicles at the same place of business at which the    7,508        

dealer sells, offers for sale, or deals in new or used motor       7,509        

vehicles.                                                                       

      (E)  No motor vehicle leasing dealer or motor vehicle        7,511        

renting dealer as defined in section 4549.65 of the Revised Code   7,512        

shall sell a motor vehicle within ninety days after a certificate  7,513        

of title to the motor vehicle is issued to the dealer, except      7,514        

when a salvage certificate of title is issued to replace the       7,515        

original certificate of title and except when a motor vehicle      7,516        

leasing dealer sells a motor vehicle to another motor vehicle      7,517        

leasing dealer at the end of a sublease pursuant to that           7,518        

sublease.                                                                       

      (F)  No distributor shall distribute new motor vehicles to   7,520        

new motor vehicle dealers at any place except an established       7,521        

place of business that is used exclusively for the purpose of      7,522        

distributing new motor vehicles to new motor vehicle dealers;      7,523        

except that a distributor who is also a new motor vehicle dealer   7,524        

                                                          173    


                                                                 
may distribute new motor vehicles at the same place of business    7,525        

at which the distributor sells, displays, offers for sale, or      7,526        

deals in new motor vehicles.                                       7,528        

      (G)  No person, firm, or corporation that sells, displays,   7,530        

or offers for sale tent-type fold-out camping trailers is subject  7,531        

to the requirement that the person's, firm's, or corporation's     7,532        

place of business be used exclusively for the purpose of selling,  7,534        

displaying, offering for sale, or dealing in motor vehicles.  No   7,535        

person, firm, or corporation that sells, displays, or offers for   7,536        

sale tent-type fold-out camping trailers, trailers, or             7,537        

semitrailers is subject to the requirement that the person's,      7,538        

firm's, or corporation's place of business have space, under       7,539        

roof, for the display of at least one new motor vehicle and        7,540        

facilities and space therewith for the inspection, servicing, and  7,541        

repair of at least one motor vehicle.                                           

      (H)  No manufactured OR MOBILE home broker shall engage in   7,543        

the business of brokering manufactured homes at any place except   7,545        

an established place of business that is used exclusively for the  7,546        

purpose of brokering manufactured homes.                                        

      (I)  Nothing in this section shall be construed to prohibit  7,548        

persons licensed under this chapter from making sales calls.       7,549        

      Sec. 4517.30.  The motor vehicle dealers board shall         7,558        

consist of eleven members.  The registrar of motor vehicles or     7,559        

his THE REGISTRAR'S designee shall be a member of the board, and   7,560        

the other ten members shall be appointed by the governor with the  7,562        

advice and consent of the senate.  Not more than five of the ten   7,563        

members other than the registrar shall be of any one political     7,564        

party, and of the ten:                                             7,565        

      (A)  Three shall represent the public and shall not have     7,567        

engaged in the business of selling motor vehicles at retail in     7,568        

this state;                                                        7,569        

      (B)  Five shall have been engaged in the business of         7,571        

selling motor vehicles at retail in this state for at least five   7,572        

years and have been engaged in such business within two years      7,573        

                                                          174    


                                                                 
prior to the date of their appointment.  Of these five:            7,574        

      (1)  Three shall have been engaged in the sale of new motor  7,576        

vehicles;                                                          7,577        

      (2)  One shall have been engaged in the business of selling  7,579        

manufactured homes, MOBILE HOMES, or recreational vehicles at      7,580        

retail;                                                            7,581        

      (3)  One shall have been engaged in the sale of used motor   7,583        

vehicles.                                                          7,584        

      (C)  Two shall have been engaged in the leasing of motor     7,586        

vehicles.                                                          7,587        

      Terms of office of the ten members appointed by the          7,589        

governor shall be for three years, commencing on the fifth day of  7,590        

October and ending on the fourth day of October.  Each member      7,591        

shall hold office from the date of his THE MEMBER'S appointment    7,592        

until the end of the term for which he THE MEMBER was appointed.   7,594        

Any member appointed to fill a vacancy occurring prior to the      7,596        

expiration of the term for which his THE MEMBER'S predecessor was  7,597        

appointed shall hold office for the remainder of such term.  Any   7,599        

appointed member shall continue in office subsequent to the        7,600        

expiration date of his THE MEMBER'S term until his A successor     7,602        

takes office, or until a period of sixty days has elapsed,         7,603        

whichever occurs first.  Annually the board shall organize by      7,604        

selecting from its members a president.  Each appointed member of  7,605        

the board shall receive an amount fixed in accordance with         7,606        

division (J) of section 124.15 of the Revised Code, and shall be   7,607        

reimbursed for the actual and necessary expenses incurred in the   7,608        

discharge of his THE MEMBER'S official duties.                     7,609        

      Sec. 4703.18.  (A)  No person shall enter upon the practice  7,618        

of architecture or hold himself or herself forth as an architect   7,619        

or registered architect, unless the person has complied with       7,620        

sections 4703.01 to 4703.19 of the Revised Code and is the holder  7,622        

of a certificate of qualification to practice architecture issued  7,623        

or renewed and registered under those sections.                    7,624        

      (B)  Sections 4703.01 to 4703.19 of the Revised Code do not  7,626        

                                                          175    


                                                                 
prevent persons other than architects from filing applications     7,627        

for building permits or obtaining those permits.                   7,628        

      (C)  Sections 4703.01 to 4703.19 of the Revised Code do not  7,631        

prevent persons other than architects from preparing plans,        7,632        

drawings, specifications, or data, filing applications for         7,633        

building permits, or obtaining those permits for buildings or                   

structures subject to the requirements of section 3781.181 of the  7,634        

Revised Code, exempted from the requirements of sections 3781.06   7,635        

to 3781.18 and 3791.04 of the Revised Code, or erected as          7,636        

industrialized one-, two-, or three-family units or structures     7,638        

within the meaning of the term "industrialized unit" as provided   7,639        

in section 3781.10 3781.06 of the Revised Code.                                 

      (D)  Sections 4703.01 to 4703.19 of the Revised Code do not  7,641        

prevent persons other than architects from preparing drawings or   7,643        

data, from filing applications for building permits, or from       7,644        

obtaining those permits for the installation of replacement        7,645        

equipment or systems that are similar in type or capacity to the   7,646        

equipment or systems being replaced, and for any improvement,      7,647        

alteration, repair, painting, decorating, or other modification    7,648        

of any buildings or structures subject to sections 3781.06 to                   

3781.18 and 3791.04 of the Revised Code where the building         7,649        

official determines that no plans or specifications are required   7,651        

for approval.                                                                   

      (E)  Sections 4703.01 to 4703.19 of the Revised Code do not  7,653        

exclude a registered professional engineer from architectural      7,654        

practice that may be incident to the practice of his or her        7,655        

engineering profession or exclude a registered architect from      7,657        

engineering practice that may be incident to the practice of       7,658        

architecture.                                                                   

      (F)  Sections 4703.01 to 4703.19 of the Revised Code do not  7,660        

prevent a firm, partnership, association, limited liability        7,661        

company, or corporation of architects registered under those       7,662        

sections from providing architectural services and do not prevent  7,663        

an individual registered as a landscape architect under sections   7,664        

                                                          176    


                                                                 
4703.30 to 4703.49 of the Revised Code or as a professional        7,665        

engineer under sections Chapter 4733. of the Revised Code from     7,667        

being a member of a firm, partnership, association, limited                     

liability company, or corporation of that type, but a member of    7,668        

that type shall not engage in the practice of architecture or      7,669        

hold himself or herself forth as an architect contrary to          7,670        

sections 4703.01 to 4703.19 of the Revised Code and shall not      7,671        

practice a profession in which the person is not licensed.         7,672        

      (G)  A firm, partnership, association, limited liability     7,674        

company, or corporation may provide architectural services in      7,675        

this state as long as the services are provided only through       7,676        

natural persons registered to provide those services in this       7,677        

state, subject to the exemptions in section 4703.17 of the         7,678        

Revised Code and subject otherwise to the requirements of          7,679        

sections 4703.01 to 4703.19 of the Revised Code.                   7,680        

      (H)  No firm, partnership, association, limited liability    7,682        

company, or corporation, except a corporation that was granted a   7,683        

charter prior to August 7, 1943, to engage in providing            7,684        

architectural services or that was otherwise lawfully providing    7,685        

architectural services prior to November 15, 1982, shall provide   7,686        

architectural services, hold itself out to the public as           7,687        

providing architectural services, or use a name including the      7,688        

word "architect" or any modification or derivation of the word,    7,689        

unless the firm, partnership, association, limited liability       7,690        

company, or corporation files all information required to be       7,691        

filed under this section with the state board of examiners of      7,692        

architects and otherwise complies with all requirements of         7,693        

sections 4703.01 to 4703.19 of the Revised Code.  A nonprofit      7,694        

membership corporation may use a name including the word           7,695        

"architect" or any modification or derivation of the word without  7,696        

complying with this section.                                       7,697        

      (I)  A corporation may be organized under Chapter 1701. of   7,699        

the Revised Code, a professional association may be organized      7,700        

under Chapter 1785. of the Revised Code, or a limited liability    7,701        

                                                          177    


                                                                 
company may be formed under Chapter 1705. of the Revised Code for  7,702        

the purpose of providing professional engineering, surveying,      7,703        

architectural, or landscape architectural services, or any         7,704        

combination of those services.  A corporation organized under      7,705        

Chapter 1701. of the Revised Code for the purpose of providing     7,706        

those services also may be organized for any other purpose in      7,707        

accordance with that chapter.                                      7,708        

      (J)  No firm, partnership, association, limited liability    7,710        

company, or corporation shall provide or offer to provide          7,711        

architectural services in this state unless more than fifty per    7,712        

cent of the partners, members, or shareholders, more than fifty    7,713        

per cent of the directors in the case of a corporation or          7,714        

professional association, and more than fifty per cent of the      7,715        

managers in the case of a limited liability company the            7,716        

management of which is not reserved to its members, are            7,717        

professional engineers, surveyors, architects, or landscape        7,718        

architects or a combination of those professions, who are          7,719        

registered in this state and who own more than fifty per cent of   7,720        

the interests in the firm, partnership, association, limited       7,721        

liability company, or corporation; unless the requirements of      7,722        

this division and of section 1785.02 of the Revised Code are       7,723        

satisfied with respect to any professional association organized   7,724        

under Chapter 1785. of the Revised Code; or unless the             7,725        

requirements of this division and of Chapter 1705. of the Revised  7,726        

Code are satisfied with respect to a limited liability company     7,727        

formed under that chapter.                                         7,728        

      (K)  Each firm, partnership, association, limited liability  7,730        

company, or corporation through which architectural services are   7,731        

offered or provided in this state shall designate one or more      7,732        

partners, managers, members, officers, or directors as being in    7,733        

responsible charge of the professional architectural activities    7,734        

and decisions, and those designated persons shall be registered    7,735        

in this state.  In the case of a corporation holding a             7,736        

certificate of authorization provided for in division (L) of this  7,737        

                                                          178    


                                                                 
section, at least one of the persons so designated shall be a      7,738        

director of the corporation.  Each firm, partnership,              7,739        

association, limited liability company, or corporation of that     7,740        

type shall annually file with the state board of examiners of      7,741        

architects the name and address of each partner, manager,          7,742        

officer, director, member, or shareholder, and each firm,          7,743        

partnership, association, limited liability company, or            7,744        

corporation of that type shall annually file with the board the    7,745        

name and address of all persons designated as being in             7,746        

responsible charge of the professional architectural activities    7,747        

and decisions and any other information the board may require.     7,748        

If there is a change in any such person in the interval between    7,749        

filings, the change shall be filed with the board in the manner    7,750        

and within the time that the board determines.                     7,751        

      (L)  No corporation organized under Chapter 1701. of the     7,753        

Revised Code shall engage in providing architectural services in   7,754        

this state without obtaining a certificate of authorization from   7,755        

the state board of examiners of architects.  A corporation         7,756        

desiring a certificate of authorization shall file with the board  7,757        

a copy of its articles of incorporation and a listing on the form  7,758        

that the board directs of the names and addresses of all           7,759        

officers, directors, and shareholders of the corporation, the      7,760        

names and addresses of any individuals providing professional      7,761        

services on behalf of the corporation who are registered to        7,762        

practice architecture in this state, and any other information     7,763        

the board requires.  If all requirements of sections 4703.01 to    7,764        

4703.19 of the Revised Code are met, the board may issue a         7,765        

certificate of authorization to the corporation.  No certificate   7,766        

of authorization shall be issued unless persons owning more than   7,767        

fifty per cent of the corporation's shares and more than fifty     7,768        

per cent of the interests in the corporation are professional      7,769        

engineers, surveyors, architects, or landscape architects, or a    7,770        

combination of those professions, who are registered in this       7,771        

state.  Any corporation that holds a certificate of authorization  7,772        

                                                          179    


                                                                 
under this section and otherwise meets the requirements of         7,773        

sections 4703.01 to 4703.19 of the Revised Code may be organized   7,774        

for any purposes for which corporations may be organized under     7,775        

Chapter 1701. of the Revised Code and shall not be limited to the  7,776        

purposes of providing professional engineering, surveying,         7,777        

architectural, or landscape architectural services or any          7,778        

combination of those professions.  The board, by rules adopted in  7,779        

accordance with Chapter 119. of the Revised Code, may require any  7,780        

firm, partnership, association, or limited liability company not   7,781        

organized under Chapter 1701. of the Revised Code that provides    7,782        

architectural services to obtain a certificate of authorization.   7,783        

If the board so requires, no firm, partnership, association, or    7,784        

limited liability company shall engage in providing architectural  7,785        

services without obtaining the certificate and complying with the  7,786        

rules.                                                             7,787        

      (M)  This section does not modify any law applicable to the  7,789        

relationship between a person furnishing a professional service    7,790        

and a person receiving that service, including liability arising   7,791        

out of that service.                                               7,792        

      (N)  Nothing in this section shall restrict or limit in any  7,794        

manner the authority or duty of the state board of examiners of    7,795        

architects with respect to natural persons providing professional  7,796        

services or any law or rule pertaining to standards of             7,797        

professional conduct.                                              7,798        

      Sec. 4733.18.  (A)  The state board of registration for      7,807        

professional engineers and surveyors may issue temporary           7,808        

certification to individuals under the following conditions and    7,809        

qualifications:                                                    7,810        

      (1)  A person not a resident of and having no established    7,812        

place of business in this state, practicing or offering to         7,813        

practice the profession of engineering or surveying in Ohio, when  7,814        

such practice does not exceed sixty continuous calendar days in    7,815        

any calendar year; provided such person is legally qualified by    7,816        

registration to practice the said profession in the person's own   7,818        

                                                          180    


                                                                 
state in which the requirements and qualifications for obtaining   7,819        

a certificate of registration are not lower than those specified   7,820        

in this chapter.  The board shall establish the fee for a          7,821        

temporary certificate of registration issued under division        7,822        

(A)(1) of this section.                                            7,823        

      (2)  A person not a resident of and having no established    7,825        

place of business in this state, or who has recently become a      7,826        

resident thereof, practicing or offering to practice herein for    7,827        

more than sixty days in any calendar year the profession of        7,828        

engineering or surveying, if the person has filed with the state   7,830        

board of registration for professional engineers and surveyors an  7,831        

application for a certificate of registration and has paid the     7,832        

required fee, such temporary certificate of registration to        7,833        

continue only for such time as the board requires for the          7,834        

consideration of the application for registration; provided such   7,835        

a person is legally qualified to practice that profession in the   7,837        

person's own state in which the requirements and qualifications                 

for obtaining a certificate of registration are not lower than     7,838        

those specified in sections 4733.01 to 4733.23 of the Revised      7,839        

Code;                                                                           

      (B)  The following persons are exempt from sections 4733.01  7,841        

to 4733.21 of the Revised Code:                                    7,842        

      (1)  An employee or a subordinate of a person holding a      7,844        

certificate of registration or an employee of a person holding     7,845        

temporary certification under division (A)(1) of this section or   7,846        

exempted from registration by division (A)(2) of this section;     7,847        

provided the employee's or subordinate's duties do not include     7,849        

responsible charge of engineering or surveying work;               7,850        

      (2)  Officers and employees of the government of the United  7,852        

States while engaged within this state in the practice of          7,853        

engineering or surveying, for that government;                     7,854        

      (3)  An engineer engaged solely as an officer of a           7,856        

privately owned public utility.                                    7,857        

      (4)  This chapter does not require registration for the      7,859        

                                                          181    


                                                                 
purpose of practicing professional engineering, or professional    7,860        

surveying by an individual, firm, or corporation on property       7,861        

owned or leased by that individual, firm, or corporation unless    7,862        

the same involves the public welfare or the safeguarding of life,  7,863        

health or property or for the performance of engineering or        7,864        

surveying which relates solely to the design or fabrication of     7,865        

manufactured products.                                             7,866        

      (C)  Nothing in this chapter prevents persons other than     7,868        

engineers from preparing plans, drawings, specifications, or       7,869        

data, from filing applications for building permits, or from       7,870        

obtaining those permits for buildings or structures that are       7,871        

exempted from the requirements of sections 3781.06 to 3781.18 and  7,872        

3791.04 of the Revised Code, that are subject to the requirements  7,873        

of section 3781.181 of the Revised Code, that are erected as       7,874        

one-, two-, or three-family units or structures within the         7,876        

meaning of the term "industrialized unit" as provided in section   7,877        

3781.10 3781.06 of the Revised Code.                                            

      (D)  Nothing in this chapter prevents persons other than     7,879        

engineers from preparing drawings or data, from filing             7,880        

applications for building permits, or from obtaining those         7,881        

permits for the installation of replacement equipment or systems   7,882        

that are similar in type or capacity to the equipment or systems   7,883        

being replaced, and for any improvement, alteration, repair,       7,884        

painting, decorating, or other modification of any buildings or    7,885        

structures subject to sections 3781.06 to 3781.18 and 3791.04 of   7,886        

the Revised Code where the building official determines that no                 

plans or specifications are required for approval.                 7,887        

      Sec. 4905.90.  As used in sections 4905.90 to 4905.96 of     7,896        

the Revised Code:                                                  7,897        

      (A)  "Contiguous property" includes, but is not limited to,  7,899        

a manufactured home park as defined in section 3733.01 of the      7,900        

Revised Code; a public or publicly subsidized housing project; an  7,901        

apartment complex; a condominium complex; a college or             7,902        

university; an office complex; a shopping center; a hotel; an      7,903        

                                                          182    


                                                                 
industrial park; and a race track.                                 7,904        

      (B)  "Gas" means:                                            7,906        

      (1)  Natural gas, synthetic natural gas, or a mixture of     7,908        

those gases;                                                       7,909        

      (2)  Petroleum gas when used in the transmission or          7,911        

distribution system of a natural gas or gas company.               7,912        

      (C)  "Gathering lines" and the "gathering of gas" have the   7,914        

same meaning as in the Natural Gas Pipeline Safety Act and the     7,915        

rules adopted by the United States department of transportation    7,916        

pursuant to the Natural Gas Pipeline Safety Act, including 49      7,917        

C.F.R. part 192, as amended.                                       7,918        

      (D)  "Intrastate pipe-line transportation" has the same      7,920        

meaning as in 82 Stat. 720 (1968), 49 U.S.C.A. App. 1671, as       7,921        

amended, but excludes the gathering of gas exempted by the         7,922        

Natural Gas Pipeline Safety Act.                                   7,923        

      (E)  "Master-meter system" means a pipe-line system that     7,925        

distributes gas within a contiguous property for which the system  7,926        

operator purchases gas for resale to consumers, including          7,927        

tenants.  Such pipe-line system supplies consumers who purchase    7,928        

the gas directly through a meter, or by paying rent, or by other   7,929        

means.  The term includes a master-meter system as defined in 49   7,930        

C.F.R. 191.3, as amended.  The term excludes a pipeline within a   7,931        

manufactured home, MOBILE HOME, or a building.                     7,932        

      (F)  "Natural Gas Pipeline Safety Act" means the "Natural    7,934        

Gas Pipeline Safety Act of 1968," 82 Stat. 720, 49 U.S.C.A. App.   7,935        

1671 et seq., as amended.                                          7,936        

      (G)  "Operator" means any of the following:                  7,938        

      (1)  A gas company or natural gas company as defined in      7,940        

section 4905.03 of the Revised Code, except that division (A)(6)   7,941        

of that section does not authorize the public utilities            7,942        

commission to relieve any producer of gas, as a gas company or     7,943        

natural gas company, of compliance with sections 4905.90 to        7,944        

4905.96 of the Revised Code or the pipe-line safety code created   7,945        

under section 4905.91 of the Revised Code;                         7,946        

                                                          183    


                                                                 
      (2)  A pipe-line company, as defined in section 4905.03 of   7,948        

the Revised Code, when engaged in the business of transporting     7,949        

gas by pipeline;                                                   7,950        

      (3)  A public utility that is excepted from the definition   7,952        

of "public utility" under division (B) or (C) of section 4905.02   7,953        

of the Revised Code, when engaged in supplying or transporting     7,954        

gas by pipeline within this state;                                 7,955        

      (4)  Any person that owns, operates, manages, controls, or   7,957        

leases any of the following:                                       7,958        

      (a)  Intrastate pipe-line transportation facilities within   7,960        

this state;                                                        7,961        

      (b)  Gas gathering lines within this state which are not     7,963        

exempted by the Natural Gas Pipeline Safety Act;                   7,964        

      (c)  A master-meter system within this state.                7,966        

      "Operator" does not include an ultimate consumer who owns a  7,968        

service line, as defined in 49 C.F.R. 192.3, as amended, on the    7,969        

real property of that ultimate consumer.                           7,970        

      (H)  "Operator of a master-meter system" means a person      7,972        

described under division (F)(4)(c) of this section.  An operator   7,973        

of a master-meter system is not a public utility under section     7,974        

4905.02 or a gas or natural gas company under section 4905.03 of   7,975        

the Revised Code.                                                  7,976        

      (I)  "Person" means:                                         7,978        

      (1)  In addition to those defined in division (C) of         7,980        

section 1.59 of the Revised Code, a joint venture or a municipal   7,981        

corporation;                                                       7,982        

      (2)  Any trustee, receiver, assignee, or personal            7,984        

representative of persons defined in division (H)(1) of this       7,985        

section.                                                           7,986        

      (J)  "Safety audit" means the public utilities commission's  7,988        

audit of the premises, pipe-line facilities, and the records,      7,989        

maps, and other relevant documents of a master-meter system to     7,990        

determine the operator's compliance with sections 4905.90 to       7,991        

4905.96 of the Revised Code and the pipe-line safety code.         7,992        

                                                          184    


                                                                 
      (K)  "Safety inspection" means any inspection, survey, or    7,994        

testing of a master-meter system which is authorized or required   7,995        

by sections 4905.90 to 4905.96 of the Revised Code and the         7,996        

pipe-line safety code.  The term includes, but is not limited to,  7,997        

leak surveys, inspection of regulators and critical valves, and    7,998        

monitoring of cathodic protection systems, where applicable.       7,999        

      (L)  "Safety-related condition" means any safety-related     8,001        

condition defined in 49 C.F.R. 191.23, as amended.                 8,002        

      (M)  "Synthetic natural gas" means gas formed from           8,004        

feedstocks other than natural gas, including coal, oil, or         8,005        

naphtha.                                                           8,006        

      (N)  "Total Mcfs of gas it supplied or delivered" means the  8,008        

sum of the following volumes of gas that an operator supplied or   8,009        

delivered, measured in units per one thousand cubic feet:          8,010        

      (1)  Residential sales;                                      8,012        

      (2)  Commercial and industrial sales;                        8,014        

      (3)  Other sales to public authorities;                      8,016        

      (4)  Interdepartmental sales;                                8,018        

      (5)  Sales for resale;                                       8,020        

      (6)  Transportation of gas.                                  8,022        

      Sec. 5117.01.  (A)  As used in this chapter:                 8,031        

      (1)  "Credit" means the credit on utility heating bills      8,033        

granted under division (A) of section 5117.09 of the Revised       8,034        

Code.                                                              8,035        

      (2)  "Current monthly bill" means the amount charged for     8,037        

energy consumed in the most recent monthly billing period and      8,038        

does not include any past due balance.                             8,039        

      (3)  "Current total income" means the adjusted gross income  8,041        

of the head of household and his THE PERSON'S spouse for the       8,043        

six-month period beginning the first day of January and ending     8,044        

the thirtieth day of June of the year in which an application is   8,045        

made, as determined under the "Internal Revenue Code of 1954,"     8,046        

68A Stat. 3, 26 U.S.C. 1, as amended, minus the amount of          8,047        

disability benefits included in adjusted gross income but not to   8,048        

                                                          185    


                                                                 
exceed twenty-six hundred dollars, plus old age and survivors      8,049        

benefits received pursuant to the "Social Security Act,"           8,050        

retirement, pension, annuity, or other retirement payments or      8,051        

benefits not included in federal adjusted gross income; payments   8,052        

received pursuant to the "Railroad Retirement Act," 50 Stat. 307,  8,053        

45 U.S.C. 228, and interest on federal, state, and local           8,054        

government obligations.  Disability benefits paid by the veterans  8,055        

administration or a branch of the armed forces of the United       8,056        

States on account of an injury or disability are not included in   8,057        

current total income.                                              8,058        

      (4)  "Energy company" means every retail propane dealer      8,060        

that distributes propane by pipeline, and every electric light,    8,061        

rural electric, gas, or natural gas company.                       8,062        

      (5)  "Energy dealer" means every retail dealer of fuel oil,  8,064        

propane, coal, wood, and kerosene.                                 8,065        

      (6)  "Head of household" means a person who occupies a       8,067        

household as his THE PERSON'S homestead and who is financially     8,068        

responsible for its other occupants, if any, or the spouse of      8,070        

such a person if both occupy the same household.  No person is a   8,071        

head of household if he THE PERSON occupies a household for the    8,072        

taxable year prior to the year in which an application is filed    8,074        

and was claimed as a dependent on the federal income tax return    8,075        

of another occupant of the same household and was not the          8,076        

taxpayer's spouse or if he THE PERSON could have been claimed if   8,078        

such a return had been filed for such year and was not the other   8,079        

occupant's spouse.                                                              

      (7)  "Household" means a ANY dwelling, a unit, INCLUDING A   8,082        

UNIT in a multiple unit dwelling, or a manufactured home, OR A     8,084        

MOBILE HOME, to which utility heating services or energy           8,086        

commodities are provided.                                                       

      (8)  "Payment" means the one hundred twenty-five-dollar      8,088        

payment provided under division (A) of section 5117.10 of the      8,089        

Revised Code.                                                      8,090        

      (9)  "Permanently and totally disabled" refers to a person   8,092        

                                                          186    


                                                                 
who has, on the first day of July of the year an application is    8,093        

made, some impairment in body or mind that makes him THE PERSON    8,094        

unfit to work at any substantially remunerative employment that    8,096        

he THE PERSON would otherwise be reasonably able to perform and    8,098        

that will, with reasonable probability, continue for an            8,099        

indefinite period of at least twelve months without any present    8,100        

indication of recovery therefrom, or who has been certified as     8,101        

permanently and totally disabled by a state or federal agency      8,102        

having the function of so classifying persons.                     8,103        

      (10)  "Sixty-five years of age or older" refers to a person  8,105        

who has attained age sixty-four prior to the first day of January  8,106        

of the year of application for reduction in utility charges.       8,107        

      (11)  "Total income" means the adjusted gross income of the  8,109        

head of household and his THE PERSON'S spouse for the year         8,111        

preceding the year in which an application is made, as determined  8,112        

under the "Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C.  8,113        

1, as amended, minus the amount of disability benefits included    8,114        

in adjusted gross income but not to exceed fifty-two hundred       8,115        

dollars, plus old age and survivors benefits received pursuant to  8,116        

the "Social Security Act," retirement, pension, annuity, or other  8,117        

retirement payments or benefits not included in federal adjusted   8,118        

gross income; payments received pursuant to the "Railroad          8,119        

Retirement Act," 50 Stat. 307, 45 U.S.C. 228; and interest on      8,120        

federal, state, and local government obligations.  Disability      8,121        

benefits paid by the veteran's administration or a branch of the   8,122        

armed forces of the United States on account of an injury or       8,123        

disability shall not be included in total income.                  8,124        

      (B)  As used in sections 5117.01 to 5117.12 of the Revised   8,126        

Code:                                                              8,127        

      (1)  "Applicant" means any person who has submitted an       8,129        

application under division (C) of section 5117.03 of the Revised   8,130        

Code.                                                              8,131        

      (2)  "Application" means the application in section 5117.03  8,133        

of the Revised Code.                                               8,134        

                                                          187    


                                                                 
      (3)  "Program" means the Ohio energy credit program          8,136        

established under sections 5117.01 to 5117.12 of the Revised       8,137        

Code.                                                              8,138        

      (4)  "Purchased power costs" means charges for the costs of  8,140        

power purchased by an electric light company under Chapters 4905.  8,141        

and 4909. of the Revised Code and includes charges resulting from  8,142        

the exchange of electric power.                                    8,143        

      Sec. 5701.02.  As used in Title LVII of the Revised Code:    8,152        

      (A)  "Real property," "realty," and "land" include land      8,154        

itself, whether laid out in town lots or otherwise, all growing    8,155        

crops, including deciduous and evergreen trees, plants, and        8,156        

shrubs, with all things contained therein, and, unless otherwise   8,157        

specified in section 5701.03 of the Revised Code, all buildings,   8,158        

structures, improvements, and fixtures of whatever kind on the     8,159        

land, and all rights and privileges belonging or appertaining      8,160        

thereto.                                                           8,161        

      (B)  "Building" means a permanent fabrication or             8,163        

construction, attached or affixed to land, consisting of           8,164        

foundations, walls, columns, girders, beams, floors, and a roof,   8,165        

or some combination of these elemental parts, that is intended as  8,166        

a habitation or shelter for people or animals or a shelter for     8,167        

tangible personal property, and that has structural integrity      8,168        

independent of the tangible personal property, if any, it is       8,169        

designed to shelter.  "BUILDING" INCLUDES A MOBILE HOME AS         8,170        

DEFINED IN DIVISION (O) OF SECTION 4501.01 OF THE REVISED CODE     8,175        

AND A MANUFACTURED HOME AS DEFINED IN DIVISION (C)(4) OF SECTION   8,177        

3781.06 OF THE REVISED CODE, IF THE HOME MEETS BOTH OF THE         8,178        

FOLLOWING CONDITIONS:                                                           

      (1)  THE HOME IS AFFIXED TO A PERMANENT FOUNDATION AS        8,180        

DEFINED IN DIVISION (C)(5) OF SECTION 3781.06 OF THE REVISED CODE  8,183        

AND IS LOCATED ON LAND OWNED BY THE OWNER OF THE HOME.             8,184        

      (2)  THE CERTIFICATE OF TITLE FOR THE HOME HAS BEEN          8,186        

INACTIVATED BY THE CLERK OF THE COURT OF COMMON PLEAS THAT ISSUED  8,187        

IT PURSUANT TO SECTION 4505.11 OF THE REVISED CODE.                8,188        

                                                          188    


                                                                 
      (C)  "Fixture" means an item of tangible personal property   8,190        

that has become permanently attached or affixed to the land or to  8,191        

a building, structure, or improvement, and that primarily          8,192        

benefits the realty and not the business, if any, conducted by     8,193        

the occupant on the premises.                                      8,194        

      (D)  "Improvement" means, with respect to a building or      8,196        

structure, a permanent addition, enlargement, or alteration that,  8,197        

had it been constructed at the same time as the building or        8,198        

structure, would have been considered a part of the building or    8,199        

structure.                                                         8,200        

      (E)  "Structure" means a permanent fabrication or            8,202        

construction, other than a building, that is attached or affixed   8,203        

to land, and that increases or enhances utilization or enjoyment   8,204        

of the land.  "Structure" includes, but is not limited to,         8,205        

bridges, trestles, dams, storage silos for agricultural products,  8,206        

fences, and walls.                                                 8,207        

      Sec. 5715.39.  The tax commissioner may remit real property  8,216        

taxes, MANUFACTURED HOME TAXES, penalties, and interest found by   8,217        

the commissioner to have been illegally assessed.  The             8,219        

commissioner also may remit any penalty charged against any real   8,220        

property OR MANUFACTURED OR MOBILE HOME that was the subject of    8,221        

an application for exemption from taxation under section 5715.27   8,222        

of the Revised Code if the commissioner determines that the        8,223        

applicant requested such exemption in good faith.  The             8,224        

commissioner shall include notice of the remission in the          8,225        

commissioner's certification to the county auditor required under  8,226        

that section.                                                      8,227        

      The commissioner, on application by a taxpayer, shall remit  8,229        

a penalty for late payment of any real property taxes OR           8,230        

MANUFACTURED HOME TAXES when:                                      8,231        

      (A)  The taxpayer could not make timely payment of the tax   8,233        

because of the negligence or error of the auditor or treasurer in  8,234        

the performance of a statutory duty relating to the levy or        8,235        

collection of such tax.                                            8,236        

                                                          189    


                                                                 
      (B)  In cases other than those described in division (A) of  8,238        

this section, the taxpayer failed to receive a tax bill or a       8,239        

correct tax bill, and the taxpayer made a good faith effort to     8,240        

obtain such bill within thirty days after the last day for         8,241        

payment of the tax.                                                8,242        

      (C)  The tax was not timely paid because of the death or     8,244        

serious injury of the taxpayer, or the taxpayer's confinement in   8,246        

a hospital within sixty days preceding the last day for payment                 

of the tax if, in any case, the tax was subsequently paid within   8,247        

sixty days after the last day for payment of such tax.             8,248        

      (D)  The taxpayer demonstrates to the satisfaction of the    8,250        

commissioner that the full payment was properly deposited in the   8,251        

mail in sufficient time for the envelope to be postmarked by the   8,252        

United States postal service on or before the last day for         8,254        

payment of such tax.  A private meter postmark on an envelope is                

not a valid postmark for purposes of establishing the date of      8,255        

payment of such tax.                                               8,256        

      The commissioner shall consider the application, determine   8,258        

whether the penalty should be remitted, and certify the            8,259        

determination to the taxpayer, to the county treasurer, and to     8,261        

the county auditor, who shall correct the tax list and duplicate                

accordingly.                                                       8,262        

      This section shall not provide to the taxpayer any remedy    8,264        

with respect to any matter that the taxpayer may be authorized to  8,266        

complain of under sections 4503.06, 5715.19, 5717.02, and 5727.47  8,267        

of the Revised Code.                                                            

      Applications for remission, and documents of any kind        8,269        

related to those applications, filed with the tax commissioner     8,270        

under this section, are public records within the meaning of       8,271        

section 149.43 of the Revised Code, unless otherwise excepted      8,272        

under that section.                                                8,273        

      Sec. 5728.01.  As used in sections 5728.02 to 5728.14,       8,282        

inclusive, of the Revised Code:                                    8,283        

      (A)  "Motor vehicle" means everything on wheels which is     8,285        

                                                          190    


                                                                 
self-propelled, other than by muscular power or power collected    8,286        

from electric trolley wires and other than vehicles or machinery   8,287        

not designed for or employed in general highway transportation,    8,288        

used to transport or propel property over a public highway.        8,289        

      (B)  "Commercial car" means any motor vehicle used for       8,291        

transporting property, wholly on its own structure on a public     8,292        

highway.                                                           8,293        

      (C)  "Commercial tractor" means any motor vehicle designed   8,295        

and used to propel or draw a trailer or semi-trailer or both on a  8,296        

public highway without having any provision for carrying loads     8,297        

independently of such trailer or semi-trailer.                     8,298        

      (D)  "Trailer" means everything on wheels which is not       8,300        

self-propelled, except vehicles or machinery not designed for or   8,301        

employed in general highway transportation and except vehicles     8,302        

whose total weight excluding load is less than three thousand      8,303        

pounds, used for carrying property wholly on its own structure     8,304        

and for being drawn by a motor vehicle on a public highway,        8,305        

including any such vehicle when formed by or operated as a         8,306        

combination of a semi-trailer and a vehicle of the dolly type      8,307        

such as that commonly known as a trailer dolly, except a           8,308        

manufactured home.  "TRAILER" DOES NOT INCLUDE MANUFACTURED HOMES  8,310        

AS DEFINED IN DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED                 

CODE OR MOBILE HOMES AS DEFINED IN DIVISION (O) OF SECTION         8,311        

4501.01 OF THE REVISED CODE.                                                    

      (E)  "Semi-trailer" means everything on wheels which is not  8,313        

self-propelled, except vehicles or machinery not designed for or   8,314        

employed in general highway transportation and except vehicles     8,315        

whose total weight excluding load is less than three thousand      8,316        

pounds, designed and used for carrying property on a public        8,317        

highway when being propelled or drawn by a commercial tractor      8,318        

when part of its own weight or the weight of its load, or both,    8,319        

rest upon and is carried by a commercial tractor.                  8,320        

      (F)  "Commercial tandem" means any commercial car and        8,322        

trailer or any commercial tractor, semi-trailer, and trailer when  8,323        

                                                          191    


                                                                 
fastened together and used as one unit.                            8,324        

      (G)  "Commercial tractor combination" means any commercial   8,326        

tractor and semi-trailer when fastened together and used as one    8,327        

unit.                                                              8,328        

      (H)  "Axle" means two or more load carrying wheels mounted   8,330        

in a single transverse vertical plane.                             8,331        

      (I)  "Public highway" means any highway, road, or street     8,333        

dedicated to public use except a highway under the control and     8,334        

jurisdiction of the Ohio turnpike commission created by the        8,335        

provisions of section 5537.02 of the Revised Code.                 8,336        

      Sec. 5739.02.  For the purpose of providing revenue with     8,345        

which to meet the needs of the state, for the use of the general   8,346        

revenue fund of the state, for the purpose of securing a thorough  8,347        

and efficient system of common schools throughout the state, for   8,348        

the purpose of affording revenues, in addition to those from       8,349        

general property taxes, permitted under constitutional             8,350        

limitations, and from other sources, for the support of local      8,351        

governmental functions, and for the purpose of reimbursing the     8,352        

state for the expense of administering this chapter, an excise     8,353        

tax is hereby levied on each retail sale made in this state.       8,354        

      (A)  The tax shall be collected pursuant to the schedules    8,356        

in section 5739.025 of the Revised Code.                           8,357        

      The tax applies and is collectible when the sale is made,    8,359        

regardless of the time when the price is paid or delivered.        8,360        

      In the case of a sale, the price of which consists in whole  8,362        

or in part of rentals for the use of the thing transferred, the    8,363        

tax, as regards such rentals, shall be measured by the             8,364        

installments thereof.                                              8,365        

      In the case of a sale of a service defined under division    8,367        

(MM) or (NN) of section 5739.01 of the Revised Code, the price of  8,368        

which consists in whole or in part of a membership for the         8,369        

receipt of the benefit of the service, the tax applicable to the   8,370        

sale shall be measured by the installments thereof.                8,371        

      (B)  The tax does not apply to the following:                8,373        

                                                          192    


                                                                 
      (1)  Sales to the state or any of its political              8,375        

subdivisions, or to any other state or its political subdivisions  8,376        

if the laws of that state exempt from taxation sales made to this  8,377        

state and its political subdivisions;                              8,378        

      (2)  Sales of food for human consumption off the premises    8,380        

where sold;                                                        8,381        

      (3)  Sales of food sold to students only in a cafeteria,     8,383        

dormitory, fraternity, or sorority maintained in a private,        8,384        

public, or parochial school, college, or university;               8,385        

      (4)  Sales of newspapers, and of magazine subscriptions      8,387        

shipped by second class mail, and sales or transfers of magazines  8,388        

distributed as controlled circulation publications;                8,389        

      (5)  The furnishing, preparing, or serving of meals without  8,391        

charge by an employer to an employee provided the employer         8,392        

records the meals as part compensation for services performed or   8,393        

work done;                                                         8,394        

      (6)  Sales of motor fuel upon receipt, use, distribution,    8,397        

or sale of which in this state a tax is imposed by the law of      8,398        

this state, but this exemption shall not apply to the sale of      8,399        

motor fuel on which a refund of the tax is allowable under         8,400        

section 5735.14 of the Revised Code; and the tax commissioner may  8,401        

deduct the amount of tax levied by this section applicable to the  8,402        

price of motor fuel when granting a refund of motor fuel tax       8,403        

pursuant to section 5735.14 of the Revised Code and shall cause    8,404        

the amount deducted to be paid into the general revenue fund of    8,405        

this state;                                                                     

      (7)  Sales of natural gas by a natural gas company, of       8,407        

electricity by an electric company, of water by a water-works      8,408        

company, or of steam by a heating company, if in each case the     8,409        

thing sold is delivered to consumers through wires, pipes, or      8,410        

conduits, and all sales of communications services by a telephone  8,411        

or telegraph company, all terms as defined in section 5727.01 of   8,412        

the Revised Code;                                                  8,413        

      (8)  Casual sales by a person, or auctioneer employed        8,415        

                                                          193    


                                                                 
directly by the person to conduct such sales, except as to such    8,417        

sales of motor vehicles, watercraft or outboard motors required    8,418        

to be titled under section 1548.06 of the Revised Code,            8,419        

watercraft documented with the United States coast guard,          8,420        

snowmobiles, AND all-purpose vehicles as defined in section        8,421        

4519.01 of the Revised Code, and manufactured homes;               8,422        

      (9)  Sales of services or tangible personal property, other  8,424        

than motor vehicles, MOBILE HOMES, and manufactured homes, by      8,426        

churches or by nonprofit organizations operated exclusively for    8,427        

charitable purposes as defined in division (B)(12) of this         8,428        

section, provided that the number of days on which such tangible   8,429        

personal property or services, other than items never subject to   8,430        

the tax, are sold does not exceed six in any calendar year.  If    8,431        

the number of days on which such sales are made exceeds six in     8,432        

any calendar year, the church or organization shall be considered  8,433        

to be engaged in business and all subsequent sales by it shall be  8,434        

subject to the tax.  In counting the number of days, all sales by  8,435        

groups within a church or within an organization shall be          8,436        

considered to be sales of that church or organization, except      8,437        

that sales made by separate student clubs and other groups of      8,438        

students of a primary or secondary school, and sales made by a     8,439        

parent-teacher association, booster group, or similar              8,440        

organization that raises money to support or fund curricular or    8,441        

extracurricular activities of a primary or secondary school,       8,442        

shall not be considered to be sales of such school, and sales by   8,443        

each such club, group, association, or organization shall be       8,444        

counted separately for purposes of the six-day limitation.  This   8,445        

division does not apply to sales by a noncommercial educational    8,446        

radio or television broadcasting station.                          8,447        

      (10)  Sales not within the taxing power of this state under  8,449        

the Constitution of the United States;                             8,450        

      (11)  The transportation of persons or property, unless the  8,452        

transportation is by a private investigation and security          8,453        

service;                                                           8,454        

                                                          194    


                                                                 
      (12)  Sales of tangible personal property or services to     8,456        

churches, to organizations exempt from taxation under section      8,457        

501(c)(3) of the Internal Revenue Code of 1986, and to any other   8,458        

nonprofit organizations operated exclusively for charitable        8,459        

purposes in this state, no part of the net income of which inures  8,460        

to the benefit of any private shareholder or individual, and no    8,461        

substantial part of the activities of which consists of carrying   8,462        

on propaganda or otherwise attempting to influence legislation;    8,463        

sales to offices administering one or more homes for the aged or   8,464        

one or more hospital facilities exempt under section 140.08 of     8,465        

the Revised Code; and sales to organizations described in          8,466        

division (D) of section 5709.12 of the Revised Code.               8,467        

      "Charitable purposes" means the relief of poverty; the       8,469        

improvement of health through the alleviation of illness,          8,470        

disease, or injury; the operation of an organization exclusively   8,472        

for the provision of professional, laundry, printing, and          8,473        

purchasing services to hospitals or charitable institutions; the   8,475        

operation of a home for the aged, as defined in section 5701.13    8,476        

of the Revised Code; the operation of a radio or television        8,477        

broadcasting station that is licensed by the federal               8,478        

communications commission as a noncommercial educational radio or  8,479        

television station; the operation of a nonprofit animal adoption   8,481        

service or a county humane society; the promotion of education by  8,482        

an institution of learning that maintains a faculty of qualified   8,483        

instructors, teaches regular continuous courses of study, and                   

confers a recognized diploma upon completion of a specific         8,484        

curriculum; the operation of a parent teacher association,         8,485        

booster group, or similar organization primarily engaged in the    8,486        

promotion and support of the curricular or extracurricular         8,487        

activities of a primary or secondary school; the operation of a    8,488        

community or area center in which presentations in music,          8,489        

dramatics, the arts, and related fields are made in order to       8,490        

foster public interest and education therein; the production of    8,491        

performances in music, dramatics, and the arts; or the promotion   8,493        

                                                          195    


                                                                 
of education by an organization engaged in carrying on research                 

in, or the dissemination of, scientific and technological          8,494        

knowledge and information primarily for the public.                8,495        

      Nothing in this division shall be deemed to exempt sales to  8,497        

any organization for use in the operation or carrying on of a      8,498        

trade or business, or sales to a home for the aged for use in the  8,499        

operation of independent living facilities as defined in division  8,500        

(A) of section 5709.12 of the Revised Code.                        8,501        

      (13)  Building and construction materials and services sold  8,503        

to construction contractors for incorporation into a structure or  8,504        

improvement to real property under a construction contract with    8,505        

this state or a political subdivision thereof, or with the United  8,506        

States government or any of its agencies; building and             8,507        

construction materials and services sold to construction           8,508        

contractors for incorporation into a structure or improvement to   8,509        

real property that are accepted for ownership by this state or     8,511        

any of its political subdivisions, or by the United States         8,512        

government or any of its agencies at the time of completion of     8,513        

such structures or improvements; building and construction         8,514        

materials sold to construction contractors for incorporation into  8,515        

a horticulture structure or livestock structure for a person       8,516        

engaged in the business of horticulture or producing livestock;    8,517        

building materials and services sold to a construction contractor  8,518        

for incorporation into a house of public worship or religious      8,519        

education, or a building used exclusively for charitable purposes  8,520        

under a construction contract with an organization whose purpose   8,521        

is as described in division (B)(12) of this section; building and  8,522        

construction materials sold for incorporation into the original    8,523        

construction of a sports facility under section 307.696 of the     8,524        

Revised Code; and building and construction materials and          8,525        

services sold to a construction contractor for incorporation into  8,526        

real property outside this state if such materials and services,   8,527        

when sold to a construction contractor in the state in which the   8,528        

real property is located for incorporation into real property in   8,529        

                                                          196    


                                                                 
that state, would be exempt from a tax on sales levied by that     8,530        

state;                                                             8,531        

      (14)  Sales of ships or vessels or rail rolling stock used   8,533        

or to be used principally in interstate or foreign commerce, and   8,534        

repairs, alterations, fuel, and lubricants for such ships or       8,535        

vessels or rail rolling stock;                                     8,536        

      (15)  Sales to persons engaged in any of the activities      8,538        

mentioned in division (E)(2) or (9) of section 5739.01 of the      8,539        

Revised Code, to persons engaged in making retail sales, or to     8,540        

persons who purchase for sale from a manufacturer tangible         8,541        

personal property that was produced by the manufacturer in         8,542        

accordance with specific designs provided by the purchaser, of     8,543        

packages, including material and parts for packages, and of        8,544        

machinery, equipment, and material for use primarily in packaging  8,545        

tangible personal property produced for sale by or on the order    8,546        

of the person doing the packaging, or sold at retail.  "Packages"  8,547        

includes bags, baskets, cartons, crates, boxes, cans, bottles,     8,548        

bindings, wrappings, and other similar devices and containers,     8,549        

and "packaging" means placing therein.                             8,550        

      (16)  Sales of food to persons using food stamp coupons to   8,552        

purchase the food.  As used in division (B)(16) of this section,   8,553        

"food" has the same meaning as in the "Food Stamp Act of 1977,"    8,554        

91 Stat. 958, 7 U.S.C. 2012, as amended, and federal regulations   8,555        

adopted pursuant to that act.                                      8,556        

      (17)  Sales to persons engaged in farming, agriculture,      8,558        

horticulture, or floriculture, of tangible personal property for   8,559        

use or consumption directly in the production by farming,          8,560        

agriculture, horticulture, or floriculture of other tangible       8,561        

personal property for use or consumption directly in the           8,562        

production of tangible personal property for sale by farming,      8,563        

agriculture, horticulture, or floriculture; or material and parts  8,564        

for incorporation into any such tangible personal property for     8,565        

use or consumption in production; and of tangible personal         8,566        

property for such use or consumption in the conditioning or        8,567        

                                                          197    


                                                                 
holding of products produced by and for such use, consumption, or  8,568        

sale by persons engaged in farming, agriculture, horticulture, or  8,569        

floriculture, except where such property is incorporated into      8,570        

real property;                                                     8,571        

      (18)  Sales of drugs dispensed by a licensed pharmacist      8,574        

upon the order of a licensed health professional authorized to     8,576        

prescribe drugs to a human being, as the term "licensed health                  

professional authorized to prescribe drugs" is defined in section  8,577        

4729.01 of the Revised Code; insulin as recognized in the          8,579        

official United States pharmacopoeia; urine and blood testing      8,580        

materials when used by diabetics or persons with hypoglycemia to   8,581        

test for glucose or acetone; hypodermic syringes and needles when  8,582        

used by diabetics for insulin injections; epoetin alfa when        8,583        

purchased for use in the treatment of persons with end-stage       8,584        

renal disease; hospital beds when purchased for use by persons     8,586        

with medical problems for medical purposes; and oxygen and         8,587        

oxygen-dispensing equipment when purchased for use by persons      8,588        

with medical problems for medical purposes;                                     

      (19)  Sales of artificial limbs or portion thereof, breast   8,590        

prostheses, and other prosthetic devices for humans; braces or     8,591        

other devices for supporting weakened or nonfunctioning parts of   8,592        

the human body; wheelchairs; devices used to lift wheelchairs      8,593        

into motor vehicles and parts and accessories to such devices;     8,594        

crutches or other devices to aid human perambulation; and items    8,595        

of tangible personal property used to supplement impaired          8,596        

functions of the human body such as respiration, hearing, or       8,597        

elimination.  No exemption under this division shall be allowed    8,598        

for nonprescription drugs, medicines, or remedies; items or        8,599        

devices used to supplement vision; items or devices whose          8,600        

function is solely or primarily cosmetic; or physical fitness      8,601        

equipment.  This division does not apply to sales to a physician   8,602        

or medical facility for use in the treatment of a patient.         8,603        

      (20)  Sales of emergency and fire protection vehicles and    8,605        

equipment to nonprofit organizations for use solely in providing   8,606        

                                                          198    


                                                                 
fire protection and emergency services for political subdivisions  8,607        

of the state;                                                      8,608        

      (21)  Sales of tangible personal property manufactured in    8,610        

this state, if sold by the manufacturer in this state to a         8,611        

retailer for use in the retail business of the retailer outside    8,612        

of this state and if possession is taken from the manufacturer by  8,614        

the purchaser within this state for the sole purpose of            8,615        

immediately removing the same from this state in a vehicle owned   8,616        

by the purchaser;                                                               

      (22)  Sales of services provided by the state or any of its  8,618        

political subdivisions, agencies, instrumentalities,               8,619        

institutions, or authorities, or by governmental entities of the   8,620        

state or any of its political subdivisions, agencies,              8,621        

instrumentalities, institutions, or authorities;                   8,622        

      (23)  Sales of motor vehicles to nonresidents of this state  8,624        

upon the presentation of an affidavit executed in this state by    8,625        

the nonresident purchaser affirming that the purchaser is a        8,626        

nonresident of this state, that possession of the motor vehicle    8,627        

is taken in this state for the sole purpose of immediately         8,628        

removing it from this state, that the motor vehicle will be        8,629        

permanently titled and registered in another state, and that the   8,630        

motor vehicle will not be used in this state;                      8,631        

      (24)  Sales to persons engaged in the preparation of eggs    8,633        

for sale of tangible personal property used or consumed directly   8,634        

in such preparation, including such tangible personal property     8,635        

used for cleaning, sanitizing, preserving, grading, sorting, and   8,636        

classifying by size; packages, including material and parts for    8,637        

packages, and machinery, equipment, and material for use in        8,638        

packaging eggs for sale; and handling and transportation           8,639        

equipment and parts therefor, except motor vehicles licensed to    8,640        

operate on public highways, used in intraplant or interplant       8,641        

transfers or shipment of eggs in the process of preparation for    8,642        

sale, when the plant or plants within or between which such        8,643        

transfers or shipments occur are operated by the same person.      8,644        

                                                          199    


                                                                 
"Packages" includes containers, cases, baskets, flats, fillers,    8,645        

filler flats, cartons, closure materials, labels, and labeling     8,646        

materials, and "packaging" means placing therein.                  8,647        

      (25)(a)  Sales of water to a consumer for residential use,   8,649        

except the sale of bottled water, distilled water, mineral water,  8,650        

carbonated water, or ice;                                          8,651        

      (b)  Sales of water by a nonprofit corporation engaged       8,653        

exclusively in the treatment, distribution, and sale of water to   8,654        

consumers, if such water is delivered to consumers through pipes   8,655        

or tubing.                                                         8,656        

      (26)  Fees charged for inspection or reinspection of motor   8,658        

vehicles under section 3704.14 of the Revised Code;                8,659        

      (27)  Sales of solar, wind, or hydrothermal energy systems   8,661        

that meet the guidelines established under division (B) of         8,662        

section 1551.20 of the Revised Code, components of such systems    8,663        

that are identified under division (B) or (D) of that section, or  8,664        

charges for the installation of such systems or components, made   8,665        

during the period from August 14, 1979, through December 31,       8,666        

1985;                                                              8,667        

      (28)  Sales to persons licensed to conduct a food service    8,669        

operation pursuant to section 3732.03 of the Revised Code, of      8,670        

tangible personal property primarily used directly for the         8,671        

following:                                                                      

      (a)  To prepare food for human consumption for sale;         8,673        

      (b)  To preserve food that has been or will be prepared for  8,676        

human consumption for sale by the food service operator, not                    

including tangible personal property used to display food for      8,677        

selection by the consumer;                                         8,678        

      (c)  To clean tangible personal property used to prepare or  8,680        

serve food for human consumption for sale.                         8,681        

      (29)  Sales of animals by nonprofit animal adoption          8,683        

services or county humane societies;                               8,684        

      (30)  Sales of services to a corporation described in        8,686        

division (A) of section 5709.72 of the Revised Code, and sales of  8,687        

                                                          200    


                                                                 
tangible personal property that qualifies for exemption from       8,688        

taxation under section 5709.72 of the Revised Code;                8,689        

      (31)  Sales and installation of agricultural land tile, as   8,691        

defined in division (B)(5)(a) of section 5739.01 of the Revised    8,692        

Code;                                                              8,693        

      (32)  Sales and erection or installation of portable grain   8,695        

bins, as defined in division (B)(5)(b) of section 5739.01 of the   8,696        

Revised Code;                                                      8,697        

      (33)  The sale, lease, repair, and maintenance of; parts     8,699        

for; or items attached to or incorporated in motor vehicles that   8,700        

are primarily used for transporting tangible personal property by  8,701        

a person engaged in highway transportation for hire;               8,702        

      (34)  Sales to the state headquarters of any veterans'       8,704        

organization in Ohio that is either incorporated and issued a      8,705        

charter by the congress of the United States or is recognized by   8,706        

the United States veterans administration, for use by the          8,707        

headquarters;                                                      8,708        

      (35)  Sales to a telecommunications service vendor of        8,710        

tangible personal property and services used directly and          8,711        

primarily in transmitting, receiving, switching, or recording any  8,712        

interactive, two-way electromagnetic communications, including     8,713        

voice, image, data, and information, through the use of any        8,714        

medium, including, but not limited to, poles, wires, cables,       8,715        

switching equipment, computers, and record storage devices and     8,716        

media, and component parts for the tangible personal property.     8,717        

The exemption provided in division (B)(35) of this section shall   8,718        

be in lieu of all other exceptions under division (E)(2) of        8,719        

section 5739.01 of the Revised Code to which a telecommunications  8,720        

service vendor may otherwise be entitled based upon the use of     8,721        

the thing purchased in providing the telecommunications service.   8,722        

      (36)  Sales of investment metal bullion and investment       8,724        

coins.  "Investment metal bullion" means any elementary precious   8,725        

metal that has been put through a process of smelting or           8,726        

refining, including, but not limited to, gold, silver, platinum,   8,727        

                                                          201    


                                                                 
and palladium, and which is in such state or condition that its    8,728        

value depends upon its content and not upon its form.              8,729        

"Investment metal bullion" does not include fabricated precious    8,730        

metal that has been processed or manufactured for one or more      8,732        

specific and customary industrial, professional, or artistic       8,733        

uses.  "Investment coins" means numismatic coins or other forms    8,734        

of money and legal tender manufactured of gold, silver, platinum,  8,735        

palladium, or other metal under the laws of the United States or   8,736        

any foreign nation with a fair market value greater than any       8,737        

statutory or nominal value of such coins.                          8,738        

      (37)(a)  Sales where the purpose of the consumer is to use   8,740        

or consume the things transferred in making retail sales and       8,741        

consisting of newspaper inserts, catalogues, coupons, flyers,      8,742        

gift certificates, or other advertising material that prices and   8,744        

describes tangible personal property offered for retail sale.      8,745        

      (b)  Sales to direct marketing vendors of preliminary        8,747        

materials such as photographs, artwork, and typesetting that will  8,748        

be used in printing advertising material; of printed matter that   8,749        

offers free merchandise or chances to win sweepstake prizes and    8,750        

that is mailed to potential customers with advertising material    8,751        

described in division (B)(37)(a) of this section; and of           8,752        

equipment such as telephones, computers, facsimile machines, and   8,753        

similar tangible personal property primarily used to accept        8,754        

orders for direct marketing retail sales.                          8,755        

      (c)  Sales of automatic food vending machines that preserve  8,757        

food with a shelf life of forty-five days or less by               8,758        

refrigeration and dispense it to the consumer.                     8,759        

      For purposes of division (B)(37) of this section, "direct    8,761        

marketing" means the method of selling where consumers order       8,762        

tangible personal property by United States mail, delivery         8,763        

service, or telecommunication and the vendor delivers or ships     8,764        

the tangible personal property sold to the consumer from a         8,765        

warehouse, catalogue distribution center, or similar fulfillment   8,766        

facility by means of the United States mail, delivery service, or  8,767        

                                                          202    


                                                                 
common carrier.                                                    8,768        

      (38)  Sales to a person engaged in the business of           8,770        

horticulture or producing livestock of materials to be             8,771        

incorporated into a horticulture structure or livestock            8,772        

structure;                                                         8,773        

      (39)  The sale of a motor vehicle that is used exclusively   8,775        

for a vanpool ridesharing arrangement to persons participating in  8,776        

the vanpool ridesharing arrangement when the vendor is selling     8,777        

the vehicle pursuant to a contract between the vendor and the      8,778        

department of transportation;                                                   

      (40)  Sales of personal computers, computer monitors,        8,780        

computer keyboards, modems, and other peripheral computer          8,781        

equipment to an individual who is licensed or certified to teach   8,782        

in an elementary or a secondary school in this state for use by    8,783        

that individual in preparation for teaching elementary or                       

secondary school students;                                         8,784        

      (41)  Sales to a professional racing team of any of the      8,786        

following:                                                         8,787        

      (a)  Motor racing vehicles;                                  8,789        

      (b)  Repair services for motor racing vehicles;              8,792        

      (c)  Items of property that are attached to or incorporated  8,795        

in motor racing vehicles, including engines, chassis, and all      8,796        

other components of the vehicles, and all spare, replacement, and  8,797        

rebuilt parts or components of the vehicles; except not including  8,798        

tires, consumable fluids, paint, and accessories consisting of     8,799        

instrumentation sensors and related items added to the vehicle to  8,800        

collect and transmit data by means of telemetry and other forms    8,801        

of communication.                                                               

      (42)  SALES OF USED MANUFACTURED HOMES AND USED MOBILE       8,803        

HOMES, AS DEFINED IN SECTION 5739.0210 OF THE REVISED CODE.        8,804        

      For the purpose of the proper administration of this         8,806        

chapter, and to prevent the evasion of the tax, it is presumed     8,807        

that all sales made in this state are subject to the tax until     8,808        

the contrary is established.                                       8,809        

                                                          203    


                                                                 
      As used in this section, except in division (B)(16) of this  8,811        

section, "food" includes cereals and cereal products, milk and     8,812        

milk products including ice cream, meat and meat products, fish    8,813        

and fish products, eggs and egg products, vegetables and           8,814        

vegetable products, fruits, fruit products, and pure fruit         8,815        

juices, condiments, sugar and sugar products, coffee and coffee    8,816        

substitutes, tea, and cocoa and cocoa products.  It does not       8,817        

include:  spirituous or malt liquors; soft drinks; sodas and       8,818        

beverages that are ordinarily dispensed at bars and soda           8,819        

fountains or in connection therewith, other than coffee, tea, and  8,820        

cocoa; root beer and root beer extracts; malt and malt extracts;   8,821        

mineral oils, cod liver oils, and halibut liver oil; medicines,    8,822        

including tonics, vitamin preparations, and other products sold    8,823        

primarily for their medicinal properties; and water, including     8,824        

mineral, bottled, and carbonated waters, and ice.                  8,825        

      (C)  The levy of an excise tax on transactions by which      8,827        

lodging by a hotel is or is to be furnished to transient guests    8,828        

pursuant to this section and division (B) of section 5739.01 of    8,829        

the Revised Code does not prevent any of the following:            8,830        

      (1)  A municipal corporation or township from levying an     8,832        

excise tax for any lawful purpose not to exceed three per cent on  8,833        

transactions by which lodging by a hotel is or is to be furnished  8,834        

to transient guests in addition to the tax levied by this          8,835        

section.  If a municipal corporation or township repeals a tax     8,836        

imposed under division (C)(1) of this section and a county in      8,837        

which the municipal corporation or township has territory has a    8,838        

tax imposed under division (C) of section 5739.024 of the Revised  8,839        

Code in effect, the municipal corporation or township may not      8,840        

reimpose its tax as long as that county tax remains in effect.  A  8,841        

municipal corporation or township in which a tax is levied under   8,842        

division (B)(2) of section 351.021 of the Revised Code may not     8,843        

increase the rate of its tax levied under division (C)(1) of this  8,844        

section to any rate that would cause the total taxes levied under  8,845        

both of those divisions to exceed three per cent on any lodging    8,846        

                                                          204    


                                                                 
transaction within the municipal corporation or township.          8,847        

      (2)  A municipal corporation or a township from levying an   8,849        

additional excise tax not to exceed three per cent on such         8,850        

transactions pursuant to division (B) of section 5739.024 of the   8,851        

Revised Code.  Such tax is in addition to any tax imposed under    8,852        

division (C)(1) of this section.                                   8,853        

      (3)  A county from levying an excise tax pursuant to         8,855        

division (A) of section 5739.024 of the Revised Code.              8,856        

      (4)  A county from levying an excise tax not to exceed       8,858        

three per cent of such transactions pursuant to division (C) of    8,859        

section 5739.024 of the Revised Code.  Such a tax is in addition   8,860        

to any tax imposed under division (C)(3) of this section.          8,861        

      (5)  A convention facilities authority, as defined in        8,863        

division (A) of section 351.01 of the Revised Code, from levying   8,864        

the excise taxes provided for in division (B) of section 351.021   8,865        

of the Revised Code.                                               8,866        

      (6)  A county from levying an excise tax not to exceed one   8,868        

and one-half per cent of such transactions pursuant to division    8,869        

(D) of section 5739.024 of the Revised Code.  Such tax is in       8,870        

addition to any tax imposed under division (C)(3) or (4) of this   8,871        

section.                                                           8,872        

      (7)  A county from levying an excise tax not to exceed one   8,874        

and one-half per cent of such transactions pursuant to division    8,875        

(E) of section 5739.024 of the Revised Code.  Such a tax is in     8,876        

addition to any tax imposed under division (C)(3), (4), or (6) of  8,877        

this section.                                                      8,878        

      (D)  The levy of this tax on retail sales of recreation and  8,880        

sports club service shall not prevent a municipal corporation      8,881        

from levying any tax on recreation and sports club dues or on any  8,882        

income generated by recreation and sports club dues.               8,883        

      Sec. 5739.0210.  (A)  AS USED IN THIS SECTION AND SECTION    8,886        

5739.02 OF THE REVISED CODE:                                                    

      (1)  "MANUFACTURED HOME" HAS THE SAME MEANING AS IN          8,888        

DIVISION (C)(4) OF SECTION 3781.06 OF THE REVISED CODE AND         8,891        

                                                          205    


                                                                 
INCLUDES ALL SKIRTING, AWNINGS, INTERIOR CABINETRY, AND OTHER      8,892        

ACCESSORIES AND ATTACHMENTS THAT ARE PERMANENTLY ATTACHED TO AND   8,893        

INCORPORATED AS PART OF THE HOME, BUT DOES NOT INCLUDE ANY         8,894        

FURNITURE NOT PERMANENTLY AFFIXED TO THE HOME.                     8,895        

      (2)  "MANUFACTURER," "REMANUFACTURER," AND "DISTRIBUTOR"     8,897        

MEANS A MANUFACTURER, REMANUFACTURER, OR DISTRIBUTOR OF            8,898        

MANUFACTURED HOMES OR MOBILE HOMES.                                8,899        

      (3)  "MOBILE HOME" HAS THE SAME MEANING AS IN DIVISION (O)   8,902        

OF SECTION 4501.01 OF THE REVISED CODE AND INCLUDES ALL SKIRTING,  8,904        

AWNINGS, INTERIOR CABINETRY, AND OTHER ACCESSORIES AND             8,905        

ATTACHMENTS THAT ARE PERMANENTLY ATTACHED TO AND INCORPORATED AS   8,906        

PART OF THE HOME, BUT DOES NOT INCLUDE ANY FURNITURE NOT           8,907        

PERMANENTLY AFFIXED TO THE HOME.                                   8,908        

      (4)  "NEW MANUFACTURED HOME" AND "NEW MOBILE HOME" MEANS A   8,910        

MANUFACTURED OR MOBILE HOME THE LEGAL TITLE TO WHICH HAS NEVER     8,911        

BEEN TRANSFERRED BY A MANUFACTURER, REMANUFACTURER, DISTRIBUTOR,   8,912        

OR NEW MOTOR VEHICLE DEALER TO A PURCHASER IN THIS STATE WHO IS    8,913        

NOT A MANUFACTURER, REMANUFACTURER, DISTRIBUTOR, OR NEW MOTOR      8,914        

VEHICLE DEALER.                                                    8,915        

      (5)  "NEW MOTOR VEHICLE DEALER" HAS THE SAME MEANING AS IN   8,917        

SECTION 4517.01 OF THE REVISED CODE.                               8,919        

      (6)  "USED MANUFACTURED HOME" AND "USED MOBILE HOME" MEANS   8,921        

A MANUFACTURED OR MOBILE HOME THE LEGAL TITLE TO WHICH IS BEING    8,922        

TRANSFERRED OR PREVIOUSLY HAS BEEN TRANSFERRED BY AN OWNER OTHER   8,923        

THAN A NEW MOTOR VEHICLE DEALER.                                   8,924        

      (B)  NOTWITHSTANDING OTHER SECTIONS OF THIS CHAPTER OR       8,927        

CHAPTER 5741. OF THE REVISED CODE, THE TAX LEVIED UNDER SUCH       8,929        

CHAPTERS ON THE RETAIL SALES OF MANUFACTURED HOMES AND MOBILE      8,930        

HOMES SOLD ON OR AFTER JANUARY 1, 2000, SHALL BE REPORTED AND      8,932        

PAID AS PROVIDED IN THIS SECTION.  FOR PURPOSES OF THIS CHAPTER    8,933        

AND CHAPTER 5741. OF THE REVISED CODE, A MANUFACTURED HOME OR A    8,936        

MOBILE HOME SOLD ON OR AFTER JANUARY 1, 2000, SHALL NOT BE         8,938        

CONSIDERED A MOTOR VEHICLE.                                        8,939        

      (C)  THE TRANSFER OF A USED MANUFACTURED HOME OR USED        8,942        

                                                          206    


                                                                 
MOBILE HOME ON WHICH THE TRANSFER TAX IMPOSED BY SECTION 322.06    8,943        

OF THE REVISED CODE HAS BEEN PAID SHALL NOT BE CONSIDERED A SALE   8,946        

FOR PURPOSES OF THIS CHAPTER OR CHAPTER 5741. OF THE REVISED CODE  8,949        

AND NO TAX REQUIRED BY THIS CHAPTER OR CHAPTER 5741. OF THE        8,951        

REVISED CODE SHALL BE PAID ON SUCH TRANSFER.                       8,953        

      (D)  NEW MOTOR VEHICLE DEALERS THAT PURCHASE NEW             8,956        

MANUFACTURED HOMES OR NEW MOBILE HOMES FROM A MANUFACTURER,        8,957        

REMANUFACTURER, DISTRIBUTOR, OR ANOTHER DEALER SHALL NOT PAY THE   8,958        

TAX IMPOSED BY THIS CHAPTER TO THE SELLER OR VENDOR AT THE TIME    8,959        

OF PURCHASE.                                                                    

      (E)  WHEN A NEW MOTOR VEHICLE DEALER SELLS A NEW             8,962        

MANUFACTURED HOME OR NEW MOBILE HOME TO A PURCHASER, OTHER THAN    8,963        

ANOTHER NEW MOTOR VEHICLE DEALER PURCHASING SUCH HOME FOR          8,964        

SUBSEQUENT SALE BY THE DEALER, THE NEW MOTOR VEHICLE DEALER SHALL  8,965        

BE THE CONSUMER OF SUCH SALE AND SHALL REMIT THE TAX REQUIRED BY   8,966        

THIS CHAPTER AND CHAPTER 5741. OF THE REVISED CODE.  THE PRICE ON  8,969        

WHICH THE TAX SHALL BE PAID IS THE AGGREGATE VALUE IN MONEY OF     8,970        

ANYTHING PREVIOUSLY PAID OR DELIVERED, OR PROMISED TO BE PAID OR   8,971        

DELIVERED, BY THE NEW MOTOR VEHICLE DEALER FOR THAT DEALER'S       8,972        

PREVIOUS PURCHASE OF THE NEW MANUFACTURED OR MOBILE HOME FROM A    8,973        

MANUFACTURER, REMANUFACTURER, DISTRIBUTOR, OR OTHER NEW MOTOR      8,974        

VEHICLE DEALER.  THE TAX APPLIES AND SHALL BE DUE FROM THE DEALER  8,975        

ON THE DATE THE NEW MANUFACTURED HOME OR NEW MOBILE HOME IS        8,976        

DELIVERED TO THE PURCHASER, THE DATE THE PURCHASER REMITS THE      8,977        

FULL PRICE FOR THE MANUFACTURED HOME OR NEW MOBILE HOME TO THE     8,978        

DEALER, OR, IN THE CASE OF A DEALER-FINANCED TRANSACTION, THE      8,979        

DATE THE PURCHASER COMPLETELY EXECUTES THE FINANCING FOR THE NEW   8,980        

MANUFACTURED HOME OR NEW MOBILE HOME, WHICHEVER DATE OCCURS        8,981        

FIRST.  THE TAX SHALL BE PAID AT THE RATE IN EFFECT IN THE COUNTY  8,983        

WHERE THE NEW MANUFACTURED HOME OR NEW MOBILE HOME IS TO BE        8,984        

TITLED TO THE PURCHASER.                                                        

      (F)  A NEW MOTOR VEHICLE DEALER SHALL NOT CHARGE A TAX       8,987        

UNDER THIS CHAPTER OR CHAPTER 5741. OF THE REVISED CODE TO THE     8,990        

PURCHASER OF A NEW MANUFACTURED HOME OR A NEW MOBILE HOME, BUT     8,991        

                                                          207    


                                                                 
MAY PASS THE TAX THROUGH TO THE PURCHASER AS PART OF THE DEALER'S  8,992        

COST OF THE NEW MANUFACTURED HOME OR NEW MOBILE HOME.              8,993        

      (G)  A PERSON PERFORMING REPAIRS OR IMPROVEMENTS TO A        8,996        

MANUFACTURED HOME OR A MOBILE HOME SHALL BE CONSIDERED THE         8,997        

CONSUMER OF ALL PROPERTY USED IN THE PERFORMANCE OF THE REPAIRS    8,998        

OR IMPROVEMENTS AND SHALL NOT BE CONSIDERED TO BE MAKING SALES OF  8,999        

THE REPAIRS OR IMPROVEMENTS.                                       9,000        

      Sec. 5741.02.  (A)  For the use of the general revenue fund  9,009        

of the state, an excise tax is hereby levied on the storage, use,  9,010        

or other consumption in this state of tangible personal property   9,011        

or the benefit realized in this state of any service provided.     9,012        

The tax shall be collected pursuant to the schedules in section    9,013        

5739.025 of the Revised Code.                                      9,014        

      (B)  Each consumer, storing, using, or otherwise consuming   9,016        

in this state tangible personal property or realizing in this      9,017        

state the benefit of any service provided, shall be liable for     9,018        

the tax, and such liability shall not be extinguished until the    9,019        

tax has been paid to this state; provided, that the consumer       9,020        

shall be relieved from further liability for the tax if the tax    9,021        

has been paid to a seller in accordance with section 5741.04 of    9,022        

the Revised Code or prepaid by the seller in accordance with       9,023        

section 5741.06 of the Revised Code.                               9,024        

      (C)  The tax does not apply to the storage, use, or          9,026        

consumption in this state of the following described tangible      9,027        

personal property or services, nor to the storage, use, or         9,028        

consumption or benefit in this state of tangible personal          9,029        

property or services purchased under the following described       9,030        

circumstances:                                                     9,031        

      (1)  When the sale of property or service in this state is   9,033        

subject to the excise tax imposed by sections 5739.01 to 5739.31   9,034        

of the Revised Code, provided said tax has been paid;              9,035        

      (2)  Except as provided in division (D) of this section,     9,037        

tangible personal property or services, the acquisition of which,  9,038        

if made in Ohio, would be a sale not subject to the tax imposed    9,039        

                                                          208    


                                                                 
by sections 5739.01 to 5739.31 of the Revised Code;                9,040        

      (3)  Property or services, the storage, use, or other        9,042        

consumption of or benefit from which this state is prohibited      9,043        

from taxing by the constitution CONSTITUTION of the United         9,045        

States, laws of the United States, or the constitution             9,046        

CONSTITUTION of this state.  This exemption shall not exempt from  9,048        

the application of the tax imposed by this section the storage,    9,049        

use, or consumption of tangible personal property which THAT was   9,050        

purchased in interstate commerce, but which THAT has come to rest  9,051        

in this state, provided that fuel to be used or transported in     9,053        

carrying on interstate commerce which THAT is stopped within this  9,054        

state pending transfer from one conveyance to another is exempt    9,055        

from the excise tax imposed by this section and section 5739.02    9,056        

of the Revised Code;                                                            

      (4)  Transient use of tangible personal property in this     9,058        

state by a nonresident tourist or vacationer, or a non-business    9,059        

use within this state by a nonresident of this state, if the       9,060        

property so used was purchased outside this state for use outside  9,061        

this state and is not required to be registered or licensed under  9,062        

the laws of this state;                                            9,063        

      (5)  Tangible personal property or services rendered upon    9,065        

which taxes have been paid to another jurisdiction to the extent   9,066        

of the amount of the tax paid to such other jurisdiction.  Where   9,067        

the amount of the tax imposed by this section and imposed          9,068        

pursuant to section 5741.021, 5741.022, or 5741.023 of the         9,069        

Revised Code exceeds the amount paid to another jurisdiction, the  9,070        

difference shall be allocated between the tax imposed by this      9,071        

section and any tax imposed by a county or a transit authority     9,072        

pursuant to section 5741.021, 5741.022, or 5741.023 of the         9,073        

Revised Code, in proportion to the respective rates of such        9,074        

taxes.                                                             9,075        

      As used in this subdivision, "taxes paid to another          9,077        

jurisdiction" means the total amount of retail sales or use tax    9,078        

or similar tax based upon the sale, purchase, or use of tangible   9,079        

                                                          209    


                                                                 
personal property or services rendered legally, levied by and      9,080        

paid to another state or political subdivision thereof, or to the  9,081        

District of Columbia, where the payment of such tax does not       9,082        

entitle the taxpayer to any refund or credit for such payment.     9,083        

      (6)  THE TRANSFER OF A USED MANUFACTURED HOME OR USED        9,085        

MOBILE HOME, AS DEFINED BY SECTION 5739.0210 OF THE REVISED CODE,  9,086        

ON WHICH THE TRANSFER TAX IMPOSED BY SECTION 322.06 OF THE         9,087        

REVISED CODE HAS BEEN PAID.                                                     

      (D)  The tax applies to the storage, use, or other           9,089        

consumption in this state of tangible personal property or         9,090        

services, the acquisition of which at the time of sale was         9,091        

excepted under division (E)(1) of section 5739.01 of the Revised   9,092        

Code from the tax imposed by section 5739.02 of the Revised Code,  9,093        

but which has subsequently been temporarily or permanently         9,094        

stored, used, or otherwise consumed in a taxable manner.           9,095        

      (E)  For the purpose of the proper administration of         9,097        

sections 5741.01 to 5741.22 of the Revised Code, and to prevent    9,098        

the evasion of the tax hereby levied, it shall be presumed that    9,099        

any use, storage, or other consumption of tangible personal        9,100        

property in this state is subject to the tax until the contrary    9,101        

is established.                                                    9,102        

      Section 2.  That existing sections 303.21, 305.31, 319.202,  9,104        

319.302, 319.54, 321.261, 321.45, 322.01, 322.02, 322.021,         9,105        

322.03, 322.05, 322.99, 323.151, 323.152, 323.153, 323.154,        9,106        

323.155, 323.156, 323.31, 325.31, 519.21, 1151.349, 1345.71,       9,107        

1506.01, 1521.01, 1923.01, 3733.01, 3733.02, 3733.021, 3733.022,   9,108        

3733.025, 3733.06, 3733.101, 3733.11, 3733.19, 3781.06, 3781.07,   9,109        

3781.10, 3781.181, 3791.04, 4501.01, 4503.04, 4503.042, 4503.06,   9,110        

4503.061, 4503.062, 4503.063, 4503.064, 4503.065, 4503.066,        9,111        

4503.067, 4503.19, 4503.21, 4503.99, 4505.01, 4505.06, 4505.08,    9,112        

4505.11, 4505.20, 4511.701, 4517.01, 4517.03, 4517.30, 4703.18,    9,113        

4733.18, 4905.90, 5117.01, 5701.02, 5715.39, 5728.01, 5739.02,     9,114        

and 5741.02 of the Revised Code are hereby repealed.               9,116        

      Section 3.  Section 305.31 of the Revised Code is presented  9,119        

                                                          210    


                                                                 
in this act as a composite of the section as amended by both Am.   9,121        

Sub. S.B. 188 and Am. Sub. H.B. 99 of the 121st General Assembly,               

with the new language of neither of the acts shown in capital      9,124        

letters.  Section 319.302 of the Revised Code is presented in      9,125        

this act as a composite of the section as amended by both Sub.     9,127        

H.B. 462 and Am. Sub. H.B. 517 of the 121st General Assembly,                   

with the new language of neither of the acts shown in capital      9,129        

letters.  Section 3781.10 of the Revised Code is presented in      9,130        

this act as a composite of the section as amended by both Sub.     9,131        

H.B. 231 and Am. Sub. S.B. 162 of the 121st General Assembly,      9,133        

with the new language of neither of the acts shown in capital      9,134        

letters.  This is in recognition of the principle stated in        9,135        

division (B) of section 1.52 of the Revised Code that such         9,136        

amendments are to be harmonized where not substantively            9,137        

irreconcilable and constitutes a legislative finding that such is  9,138        

a resulting version in effect prior to the effective date of this  9,139        

act.