As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 229 5
1997-1998 6
SENATORS OELSLAGER-HERINGTON-B. JOHNSON-RAY-GAETH-CARNES- 8
MUMPER-DRAKE-REPRESENTATIVES BATEMAN-PERZ-SCHURING-OLMAN- 9
CLANCY-EVANS-CORBIN 10
12
A B I L L
To amend sections 124.34, 124.57, 4117.01, 5501.31, 14
5513.02, 5515.02, 5516.02, 5516.06, 5521.01, and 15
5525.19, to enact sections 4981.091, 5501.20,
5516.05, and 5533.48, and to repeal section 18
5501.19 of the Revised Code and to amend Section 20
7.04 of Am. Sub. H.B. 210 of the 122nd General 21
Assembly, as amended by Am. Sub. S.B. 230 of the 22
122nd General Assembly, to make changes in 23
certain laws governing the Department of 24
Transportation in the areas of appropriation of 26
property for political subdivisions for
transportation purposes and the purchase of 27
certain supplies by the Department, to create a 28
pilot program establishing the career 29
professional service within the classified civil 30
service of the Department of Transportation and 31
authorizing the Department to appoint persons to 32
positions within the career professional service
until June 30, 2003, to eliminate the right of 35
certain unclassified employees of the Department
to return to classified positions they previously 36
held, to create a scenic byway program in the 37
Department, to create the Federal Rail Fund, to 38
allow an employee of the Ohio Cooperative 39
Extension Service whose position is transferred
from the unclassified to the classified civil 40
2
service and who holds the office of president of 41
a city legislative authority to complete the
existing term of office as president, to permit 43
outdoor advertising devices to be erected on the 44
premises of a professional sports facility if the
devices conform to rules adopted by the Director 45
of Transportation, and to designate a portion of 47
United States Route Number Two Hundred
Twenty-Four as the "Cliff Skeen Memorial 48
Highway."
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 50
Section 1. That sections 124.34, 124.57, 4117.01, 5501.31, 52
5513.02, 5515.02, 5516.02, 5516.06, 5521.01, and 5525.19 be 53
amended and sections 4981.091, 5501.20, 5516.05, and 5533.48 of 54
the Revised Code be enacted to read as follows: 57
Sec. 124.34. The tenure of every officer or employee in 66
the classified service of the state and the counties, civil 67
service townships, cities, city health districts, general health 68
districts, and city school districts thereof, holding a position 69
under this chapter of the Revised Code, shall be during good 70
behavior and efficient service, and no such officer or employee 71
shall be reduced in pay or position, fined in excess of five 72
days' pay, suspended, or removed, except as provided in section 73
124.32 of the Revised Code, and for incompetency, inefficiency, 74
dishonesty, drunkenness, immoral conduct, insubordination, 75
discourteous treatment of the public, neglect of duty, violation 76
of such sections or the rules of the director of administrative 77
services or the commission, or any other failure of good 78
behavior, or any other acts of misfeasance, malfeasance, or 79
nonfeasance in office. A finding by the appropriate ethics 80
commission, based upon a preponderance of the evidence, that the 81
facts alleged in a complaint under section 102.06 of the Revised 82
Code constitute a violation of Chapter 102., section 2921.42, or 83
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section 2921.43 of the Revised Code may constitute grounds for 84
dismissal. Failure to file a statement or falsely filing a 85
statement required by section 102.02 of the Revised Code may also 86
constitute grounds for dismissal. THE TENURE OF AN EMPLOYEE IN 87
THE CAREER PROFESSIONAL SERVICE OF THE DEPARTMENT OF
TRANSPORTATION IS SUBJECT TO SECTION 5501.20 OF THE REVISED CODE. 89
In any case of a fine, reduction, suspension of more than 91
three working days, or removal, the appointing authority shall 92
furnish such employee with a copy of the order of reduction, 93
suspension, or removal, which order shall state the reasons 94
therefor. Such order shall be filed with the director of 95
administrative services and state personnel board of review, or 96
the commission, as may be appropriate. 97
Within ten days following the filing of such order OR, IN 99
THE CASE OF AN EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE OF THE 100
DEPARTMENT OF TRANSPORTATION, WITHIN TEN DAYS FOLLOWING THE 101
FILING OF A REMOVAL ORDER, the employee may file an appeal, in 103
writing, with the state personnel board of review or the 104
commission. In the event such an appeal is filed, the board or 105
commission shall forthwith notify the appointing authority and 106
shall hear, or appoint a trial board to hear, such appeal within 107
thirty days from and after its filing with the board or 108
commission, and it may affirm, disaffirm, or modify the judgment 109
of the appointing authority.
In cases of removal or reduction in pay for disciplinary 111
reasons, either the appointing authority or the officer or 112
employee may appeal from the decision of the state personnel 113
board of review or the commission to the court of common pleas of 114
the county in which the employee resides in accordance with the 115
procedure provided by section 119.12 of the Revised Code. 116
In the case of the suspension for any period of time, or a 119
fine, demotion, or removal of a chief of police or a chief of a 120
fire department or any member of the police or fire department of
a city or civil service township, the appointing authority shall 121
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furnish such chief or member of a department with a copy of the 122
order of suspension, demotion, or removal, which order shall 123
state the reasons therefor. Such order shall be filed with the 124
municipal or civil service township civil service commission. 125
Within ten days following the filing of such order such chief or 126
member of a department may file an appeal, in writing, with the 127
municipal or civil service township civil service commission. In 128
the event such an appeal is filed, the commission shall forthwith 129
notify the appointing authority and shall hear, or appoint a 130
trial board to hear, such appeal within thirty days from and 131
after its filing with the commission, and it may affirm, 132
disaffirm, or modify the judgment of the appointing authority. 133
An appeal on questions of law and fact may be had from the 134
decision of the municipal or civil service township civil service 135
commission to the court of common pleas in the county in which 136
such city or civil service township is situated. Such appeal 137
shall be taken within thirty days from the finding of the 138
commission. 139
A violation of division (A)(7) of section 2907.03 of the 141
Revised Code is grounds for termination of employment of a 142
nonteaching employee under this section. 143
Sec. 124.57. (A) No officer or employee in the classified 152
service of the state, the several counties, cities, and city 153
school districts thereof, and civil service townships, shall 154
directly or indirectly, orally or by letter, solicit or receive, 155
or be in any manner concerned in soliciting or receiving any 156
assessment, subscription, or contribution for any political party 157
or for any candidate for public office; nor shall any person 158
solicit directly or indirectly, orally or by letter, or be in any 159
manner concerned in soliciting any such assessment, contribution, 160
or payment from any officer or employee in the classified service 161
of the state and the several counties, cities, or city school 162
districts thereof, or civil service townships; nor shall any 163
officer or employee in the classified service of the state, the 164
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several counties, cities, and city school districts thereof, and 165
civil service townships, be an officer in any political 166
organization or take part in politics other than to vote as he 167
THE OFFICER OR EMPLOYEE pleases and to express freely his 168
political opinions. 169
(B)(1) Nothing in division (A) of this section prohibits 171
an officer or employee described in that division from serving as 172
a precinct election official under section 3501.22 of the Revised 173
Code. An officer or employee who serves as a precinct election 174
official may use vacation leave to so serve. 175
(2) NOTHING IN DIVISION (A) OF THIS SECTION PROHIBITS AN 177
EMPLOYEE OF THE OHIO COOPERATIVE EXTENSION SERVICE WHOSE POSITION 178
IS TRANSFERRED FROM THE UNCLASSIFIED CIVIL SERVICE TO THE 179
CLASSIFIED CIVIL SERVICE AND WHO ALSO HOLDS THE OFFICE OF 180
PRESIDENT OF A CITY LEGISLATIVE AUTHORITY FROM COMPLETING THE 181
EXISTING TERM OF OFFICE AS PRESIDENT.
Sec. 4117.01. As used in this chapter: 190
(A) "Person," in addition to those included in division 192
(C) of section 1.59 of the Revised Code, includes employee 193
organizations, public employees, and public employers. 194
(B) "Public employer" means the state or any political 196
subdivision of the state located entirely within the state, 197
including, without limitation, any municipal corporation with a 198
population of at least five thousand according to the most recent 199
federal decennial census; county; township with a population of 200
at least five thousand in the unincorporated area of the township 201
according to the most recent federal decennial census; school 202
district; governing authority of a community school established 203
under Chapter 3314. of the Revised Code; state institution of 204
higher learning; public or special district; state agency, 205
authority, commission, or board; or other branch of public 206
employment.
(C) "Public employee" means any person holding a position 208
by appointment or employment in the service of a public employer, 209
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including any person working pursuant to a contract between a 210
public employer and a private employer and over whom the national 211
labor relations board has declined jurisdiction on the basis that 212
the involved employees are employees of a public employer, 213
except: 214
(1) Persons holding elective office; 216
(2) Employees of the general assembly and employees of any 218
other legislative body of the public employer whose principal 219
duties are directly related to the legislative functions of the 220
body; 221
(3) Employees on the staff of the governor or the chief 223
executive of the public employer whose principal duties are 224
directly related to the performance of the executive functions of 225
the governor or the chief executive; 226
(4) Persons who are members of the Ohio organized militia, 228
while training or performing duty under section 5919.29 or 229
5923.12 of the Revised Code; 230
(5) Employees of the state employment relations board; 232
(6) Confidential employees; 234
(7) Management level employees; 236
(8) Employees and officers of the courts, assistants to 238
the attorney general, assistant prosecuting attorneys, and 239
employees of the clerks of courts who perform a judicial 240
function; 241
(9) Employees of a public official who act in a fiduciary 243
capacity, appointed pursuant to section 124.11 of the Revised 244
Code; 245
(10) Supervisors; 247
(11) Students whose primary purpose is educational 249
training, including graduate assistants or associates, residents, 250
interns, or other students working as part-time public employees 251
less than fifty per cent of the normal year in the employee's 252
bargaining unit; 253
(12) Employees of county boards of election; 255
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(13) Seasonal and casual employees as determined by the 257
state employment relations board; 258
(14) Part-time faculty members of an institution of higher 260
education; 261
(15) Employees of the state personnel board of review; 263
(16) Employees of the board of directors of the Ohio 265
low-level radioactive waste facility development authority 266
created in section 3747.05 of the Revised Code; 267
(17) Participants in a work activity, developmental 271
activity, or alternative work activity under sections 5107.40 to
5107.69 of the Revised Code who perform a service for a public 275
employer that the public employer needs but is not performed by 276
an employee of the public employer if the participant is not 278
engaged in paid employment or subsidized employment purusant
PURSUANT to the activity; 280
(18) EMPLOYEES INCLUDED IN THE CAREER PROFESSIONAL SERVICE 282
OF THE DEPARTMENT OF TRANSPORTATION UNDER SECTION 5501.20 OF THE 283
REVISED CODE. 284
(D) "Employee organization" means any labor or bona fide 286
organization in which public employees participate and that 287
exists for the purpose, in whole or in part, of dealing with 288
public employers concerning grievances, labor disputes, wages, 289
hours, terms, and other conditions of employment. 290
(E) "Exclusive representative" means the employee 292
organization certified or recognized as an exclusive 293
representative under section 4117.05 of the Revised Code. 294
(F) "Supervisor" means any individual who has authority, 296
in the interest of the public employer, to hire, transfer, 297
suspend, lay off, recall, promote, discharge, assign, reward, or 298
discipline other public employees; to responsibly direct them; to 299
adjust their grievances; or to effectively recommend such action, 300
if the exercise of that authority is not of a merely routine or 301
clerical nature, but requires the use of independent judgment, 302
provided that: 303
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(1) Employees of school districts who are department 305
chairpersons or consulting teachers shall not be deemed 306
supervisors; 307
(2) With respect to members of a police or fire 309
department, no person shall be deemed a supervisor except the 310
chief of the department or those individuals who, in the absence 311
of the chief, are authorized to exercise the authority and 312
perform the duties of the chief of the department. Where prior 313
to June 1, 1982, a public employer pursuant to a judicial 314
decision, rendered in litigation to which the public employer was 315
a party, has declined to engage in collective bargaining with 316
members of a police or fire department on the basis that those 317
members are supervisors, those members of a police or fire 318
department do not have the rights specified in this chapter for 319
the purposes of future collective bargaining. The state 320
employment relations board shall decide all disputes concerning 321
the application of division (F)(2) of this section. 322
(3) With respect to faculty members of a state institution 324
of higher education, heads of departments or divisions are 325
supervisors; however, no other faculty member or group of faculty 326
members is a supervisor solely because the faculty member or 327
group of faculty members participate in decisions with respect to 328
courses, curriculum, personnel, or other matters of academic 329
policy; 330
(4) No teacher as defined in section 3319.09 of the 332
Revised Code shall be designated as a supervisor or a management 333
level employee unless the teacher is employed under a contract 334
governed by section 3319.01, 3319.011, or 3319.02 of the Revised 335
Code and is assigned to a position for which a license deemed to 337
be for administrators under state board rules is required 338
pursuant to section 3319.22 of the Revised Code.
(G) "To bargain collectively" means to perform the mutual 340
obligation of the public employer, by its representatives, and 341
the representatives of its employees to negotiate in good faith 342
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at reasonable times and places with respect to wages, hours, 343
terms, and other conditions of employment and the continuation, 344
modification, or deletion of an existing provision of a 345
collective bargaining agreement, with the intention of reaching 346
an agreement, or to resolve questions arising under the 347
agreement. "To bargain collectively" includes executing a 348
written contract incorporating the terms of any agreement 349
reached. The obligation to bargain collectively does not mean 350
that either party is compelled to agree to a proposal nor does it 351
require the making of a concession. 352
(H) "Strike" means continuous concerted action in failing 354
to report to duty; willful absence from one's position; or 355
stoppage of work in whole from the full, faithful, and proper 356
performance of the duties of employment, for the purpose of 357
inducing, influencing, or coercing a change in wages, hours, 358
terms, and other conditions of employment. "Strike" does not
include a stoppage of work by employees in good faith because of 359
dangerous or unhealthful working conditions at the place of 360
employment that are abnormal to the place of employment. 361
(I) "Unauthorized strike" includes, but is not limited to, 363
concerted action during the term or extended term of a collective 364
bargaining agreement or during the pendency of the settlement 365
procedures set forth in section 4117.14 of the Revised Code in 366
failing to report to duty; willful absence from one's position; 367
stoppage of work; slowdown, or abstinence in whole or in part
from the full, faithful, and proper performance of the duties of 368
employment for the purpose of inducing, influencing, or coercing 369
a change in wages, hours, terms, and other conditions of 370
employment. "Unauthorized strike" includes any such action, 371
absence, stoppage, slowdown, or abstinence when done partially or 372
intermittently, whether during or after the expiration of the
term or extended term of a collective bargaining agreement or 373
during or after the pendency of the settlement procedures set 374
forth in section 4117.14 of the Revised Code. 375
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(J) "Professional employee" means any employee engaged in 377
work that is predominantly intellectual, involving the consistent 379
exercise of discretion and judgment in its performance and 380
requiring knowledge of an advanced type in a field of science or 381
learning customarily acquired by a prolonged course in an
institution of higher learning or a hospital, as distinguished 382
from a general academic education or from an apprenticeship; or 383
an employee who has completed the courses of specialized 384
intellectual instruction and is performing related work under the 385
supervision of a professional person to become qualified as a 387
professional employee.
(K) "Confidential employee" means any employee who works 389
in the personnel offices of a public employer and deals with 390
information to be used by the public employer in collective 391
bargaining; or any employee who works in a close continuing 392
relationship with public officers or representatives directly 393
participating in collective bargaining on behalf of the employer. 394
(L) "Management level employee" means an individual who 396
formulates policy on behalf of the public employer, who 397
responsibly directs the implementation of policy, or who may 398
reasonably be required on behalf of the public employer to assist 399
in the preparation for the conduct of collective negotiations, 400
administer collectively negotiated agreements, or have a major 401
role in personnel administration. Assistant superintendents, 402
principals, and assistant principals whose employment is governed 403
by section 3319.02 of the Revised Code are management level 404
employees. With respect to members of a faculty of a state 405
institution of higher education, no person is a management level 406
employee because of the person's involvement in the formulation 407
or implementation of academic or institution policy. 408
(M) "Wages" means hourly rates of pay, salaries, or other 410
forms of compensation for services rendered. 411
(N) "Member of a police department" means a person who is 413
in the employ of a police department of a municipal corporation 414
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as a full-time regular police officer as the result of an 416
appointment from a duly established civil service eligibility
list or under section 737.15 or 737.16 of the Revised Code, a 417
full-time deputy sheriff appointed under section 311.04 of the 418
Revised Code, a township constable appointed under section 509.01 420
of the Revised Code, or a member of a township police district 421
police department appointed under section 505.49 of the Revised 422
Code.
(O) "Members of the state highway patrol" means highway 424
patrol troopers and radio operators appointed under section 425
5503.01 of the Revised Code. 426
(P) "Member of a fire department" means a person who is in 428
the employ of a fire department of a municipal corporation or a 429
township as a fire cadet, full-time regular fire fighter, or 430
promoted rank as the result of an appointment from a duly 431
established civil service eligibility list or under section 432
505.38, 709.012, or 737.22 of the Revised Code. 433
(Q) "Day" means calendar day. 435
Sec. 4981.091. THERE IS HEREBY CREATED IN THE STATE 437
TREASURY THE FEDERAL RAIL FUND. THE FUND SHALL CONSIST OF MONEY 439
RECEIVED PURSUANT TO SECTION 4981.08 OF THE REVISED CODE AND SUCH 440
OTHER MONEY AS MAY BE PROVIDED BY LAW. THE FUND SHALL BE USED TO 441
ACQUIRE, REHABILITATE, OR DEVELOP RAIL PROPERTY OR SERVICE; TO 442
PARTICIPATE IN THE ACQUISITION OF RAIL PROPERTY WITH THE FEDERAL 443
GOVERNMENT, MUNICIPAL CORPORATIONS, TOWNSHIPS, COUNTIES, OR OTHER 444
GOVERNMENTAL AGENCIES; AND TO PROMOTE, PLAN, DESIGN, CONSTRUCT, 445
OPERATE, AND MAINTAIN PASSENGER AND FREIGHT RAIL TRANSPORTATION 446
SYSTEMS. THE FUND ALSO MAY BE USED TO PAY THE ADMINISTRATIVE 447
COSTS OF THE OHIO RAIL DEVELOPMENT COMMISSION ASSOCIATED WITH 448
CONDUCTING ANY AUTHORIZED RAIL PROGRAM, AND FOR ANY PURPOSE
AUTHORIZED BY SECTIONS 4981.03 AND 5501.56 OF THE REVISED CODE. 449
THE FUND SHALL NOT BE USED TO PROVIDE LOAN GUARANTEES. 450
INVESTMENT EARNINGS ON MONEYS CREDITED TO THE FUND SHALL BE 451
RETAINED BY THE FUND.
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IN ACQUIRING RAIL PROPERTY, THE OHIO RAIL DEVELOPMENT 453
COMMISSION MAY OBTAIN ACQUISITION LOANS FROM THE FEDERAL 455
GOVERNMENT OR FROM ANY OTHER SOURCE. 456
Sec. 5501.20. (A) AS USED IN THIS SECTION: 458
(1) "CAREER PROFESSIONAL SERVICE" MEANS THAT PART OF THE 460
COMPETITIVE CLASSIFIED SERVICE THAT CONSISTS OF EMPLOYEES OF THE 461
DEPARTMENT OF TRANSPORTATION WHO, REGARDLESS OF JOB 462
CLASSIFICATION, MEET BOTH OF THE FOLLOWING QUALIFICATIONS: 463
(a) THEY ARE SUPERVISORS, PROFESSIONAL EMPLOYEES WHO ARE 465
NOT IN A COLLECTIVE BARGAINING UNIT, CONFIDENTIAL EMPLOYEES, OR 467
MANAGEMENT LEVEL EMPLOYEES, ALL AS DEFINED IN SECTION 4117.01 OF 468
THE REVISED CODE.
(b) THEY EXERCISE AUTHORITY THAT IS NOT MERELY ROUTINE OR 471
CLERICAL IN NATURE AND REPORT ONLY TO A HIGHER LEVEL UNCLASSIFIED 472
EMPLOYEE OR EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE. 473
(2) "DEMOTED" MEANS THAT AN EMPLOYEE IS PLACED IN A 475
POSITION WHERE THE EMPLOYEE'S WAGE RATE EQUALS, OR IS NOT MORE 476
THAN TWENTY PER CENT LESS THAN, THE EMPLOYEE'S WAGE RATE 477
IMMEDIATELY PRIOR TO DEMOTION OR WHERE THE EMPLOYEE'S JOB 478
RESPONSIBILITIES ARE REDUCED, OR BOTH.
(3) "EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE WITH 480
RESTORATION RIGHTS" MEANS AN EMPLOYEE IN THE CAREER PROFESSIONAL 482
SERVICE WHO HAS BEEN IN THE CLASSIFIED CIVIL SERVICE FOR AT LEAST 483
TWO YEARS AND WHO HAS A CUMULATIVE TOTAL OF AT LEAST TEN YEARS OF 484
CONTINUOUS SERVICE WITH THE DEPARTMENT OF TRANSPORTATION. 485
(B) NOT LATER THAN THE FIRST DAY OF JULY OF EACH 488
ODD-NUMBERED YEAR, THE DIRECTOR OF TRANSPORTATION SHALL ADOPT A 489
RULE IN ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE THAT 491
ESTABLISHES A BUSINESS PLAN FOR THE DEPARTMENT OF TRANSPORTATION 492
THAT STATES THE DEPARTMENT'S MISSION, BUSINESS OBJECTIVES, AND 493
STRATEGIES AND THAT ESTABLISHES A PROCEDURE BY WHICH EMPLOYEES IN 494
THE CAREER PROFESSIONAL SERVICE WILL BE HELD ACCOUNTABLE FOR 495
THEIR PERFORMANCE. THE DIRECTOR SHALL ADOPT A RULE THAT 496
ESTABLISHES A BUSINESS PLAN FOR THE DEPARTMENT ONLY ONCE IN EACH 497
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TWO YEARS. WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE OF A RULE 499
THAT ESTABLISHES A BUSINESS PLAN FOR THE DEPARTMENT, THE DIRECTOR
SHALL ADOPT A RULE IN ACCORDANCE WITH SECTION 111.15 OF THE 501
REVISED CODE THAT IDENTIFIES SPECIFIC POSITIONS WITHIN THE 502
DEPARTMENT OF TRANSPORTATION THAT ARE INCLUDED IN THE CAREER 503
PROFESSIONAL SERVICE. THE DIRECTOR MAY AMEND THE RULE THAT 504
IDENTIFIES THE SPECIFIC POSITIONS INCLUDED IN THE CAREER
PROFESSIONAL SERVICE ONLY WITHIN SIXTY DAYS AFTER THE DIRECTOR 506
ADOPTS A RULE THAT ESTABLISHES A BUSINESS PLAN FOR THE
DEPARTMENT. ANY RULE ADOPTED UNDER THIS DIVISION IS SUBJECT TO 508
REVIEW AND INVALIDATION BY THE JOINT COMMITTEE ON AGENCY RULE 509
REVIEW AS PROVIDED IN DIVISION (D) OF SECTION 111.15 OF THE 511
REVISED CODE. THE DIRECTOR SHALL PROVIDE A COPY OF ANY RULE 513
ADOPTED UNDER THIS DIVISION TO THE DIRECTOR OF BUDGET AND
MANAGEMENT. 514
EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, AN EMPLOYEE 517
IN THE CAREER PROFESSIONAL SERVICE IS SUBJECT TO THE PROVISIONS 518
OF CHAPTER 124. OF THE REVISED CODE THAT GOVERN EMPLOYEES IN THE 520
CLASSIFIED CIVIL SERVICE.
(C) AFTER AN EMPLOYEE IS APPOINTED TO A POSITION IN THE 523
CAREER PROFESSIONAL SERVICE, THE EMPLOYEE'S DIRECT SUPERVISOR
SHALL PROVIDE THE EMPLOYEE APPOINTED TO THAT POSITION WITH A 525
WRITTEN PERFORMANCE ACTION PLAN THAT DESCRIBES THE DEPARTMENT'S 526
EXPECTATIONS FOR THAT EMPLOYEE IN FULFILLING THE MISSION, 527
BUSINESS OBJECTIVES, AND STRATEGIES STATED IN THE DEPARTMENT'S
BUSINESS PLAN. NO SOONER THAN FOUR MONTHS AFTER BEING APPOINTED 528
TO A POSITION IN THE CAREER PROFESSIONAL SERVICE, AN EMPLOYEE 530
APPOINTED TO THAT POSITION SHALL RECEIVE A WRITTEN PERFORMANCE 531
REVIEW BASED ON THE EMPLOYEE'S FULFILLMENT OF THE MISSION, 532
BUSINESS OBJECTIVES, AND STRATEGIES STATED IN THE DEPARTMENT'S 533
BUSINESS PLAN. AFTER THE INITIAL PERFORMANCE REVIEW, THE 534
EMPLOYEE SHALL RECEIVE A WRITTEN PERFORMANCE REVIEW AT LEAST ONCE 535
EACH YEAR OR AS OFTEN AS THE DIRECTOR CONSIDERS NECESSARY. THE 536
DEPARTMENT SHALL GIVE AN EMPLOYEE WHOSE PERFORMANCE IS 538
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UNSATISFACTORY AN OPPORTUNITY TO IMPROVE PERFORMANCE FOR A PERIOD 539
OF AT LEAST SIX MONTHS, BY MEANS OF A WRITTEN CORRECTIVE ACTION 540
PLAN, BEFORE THE DEPARTMENT TAKES ANY DISCIPLINARY ACTION UNDER 541
THIS SECTION OR SECTION 124.34 OF THE REVISED CODE. THE 542
DEPARTMENT SHALL BASE ITS PERFORMANCE REVIEW FORMS ON ITS 543
BUSINESS PLAN.
(D) AN EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE MAY BE 546
SUSPENDED, DEMOTED, OR REMOVED BECAUSE OF PERFORMANCE THAT 547
HINDERS OR RESTRICTS THE FULFILLMENT OF THE DEPARTMENT'S BUSINESS 548
PLAN OR FOR DISCIPLINARY REASONS UNDER SECTION 124.34 OR 124.57 549
OF THE REVISED CODE. AN EMPLOYEE IN THE CAREER PROFESSIONAL 550
SERVICE MAY APPEAL ONLY THE EMPLOYEE'S REMOVAL TO THE STATE 551
PERSONNEL BOARD OF REVIEW. AN EMPLOYEE IN THE CAREER 554
PROFESSIONAL SERVICE MAY APPEAL A DEMOTION OR A SUSPENSION OF 555
MORE THAN THREE DAYS PURSUANT TO RULES THE DIRECTOR ADOPTS IN 556
ACCORDANCE WITH SECTION 111.15 OF THE REVISED CODE. 558
(E) AN EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE WITH 561
RESTORATION RIGHTS HAS RESTORATION RIGHTS IF DEMOTED BECAUSE OF 562
PERFORMANCE THAT HINDERS OR RESTRICTS FULFILLMENT OF THE MISSION, 563
BUSINESS OBJECTIVES, OR STRATEGIES STATED IN THE DEPARTMENT'S 564
BUSINESS PLAN, BUT NOT IF INVOLUNTARILY DEMOTED OR REMOVED FOR 565
ANY OF THE REASONS DESCRIBED IN SECTION 124.34 OR FOR A VIOLATION 566
OF 124.57 OF THE REVISED CODE. THE DIRECTOR SHALL DEMOTE AN 568
EMPLOYEE WHO HAS RESTORATION RIGHTS OF THAT NATURE TO A POSITION 570
IN THE CLASSIFIED SERVICE THAT IN THE DIRECTOR'S JUDGMENT IS
SIMILAR IN NATURE TO THE POSITION THE EMPLOYEE HELD IMMEDIATELY 572
PRIOR TO BEING APPOINTED TO THE POSITION IN THE CAREER
PROFESSIONAL SERVICE. THE DIRECTOR SHALL ASSIGN TO AN EMPLOYEE 573
WHO IS DEMOTED TO A POSITION IN THE CLASSIFIED SERVICE AS 575
PROVIDED IN THIS DIVISION A WAGE RATE THAT EQUALS, OR THAT IS NOT 576
MORE THAN TWENTY PER CENT LESS THAN, THE WAGE RATE ASSIGNED TO 577
THE EMPLOYEE IN THE CAREER PROFESSIONAL SERVICE IMMEDIATELY PRIOR 578
TO THE EMPLOYEE'S DEMOTION.
(F) THIS SECTION ESTABLISHES A PILOT PROGRAM FOR EMPLOYEES 581
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IN THE CAREER PROFESSIONAL SERVICE OF THE DEPARTMENT OF 582
TRANSPORTATION. AT THE END OF EACH FISCAL BIENNIUM THAT THIS 583
PROGRAM IS IN EFFECT, THE DIRECTOR OF TRANSPORTATION SHALL 585
PREPARE A REPORT DESCRIBING AND EVALUATING THE OPERATION OF THE 586
PROGRAM AND FORWARD A COPY OF THE REPORT TO THE GOVERNOR, 587
DIRECTOR OF ADMINISTRATIVE SERVICES, SPEAKER OF THE HOUSE OF 588
REPRESENTATIVES, AND PRESIDENT OF THE SENATE.
(G) NO PERSON SHALL BE APPOINTED TO A POSITION IN THE 590
CAREER PROFESSIONAL SERVICE OF THE DEPARTMENT OF TRANSPORTATION 591
AFTER JUNE 30, 2003, INCLUDING FOR THE PURPOSE OF FILLING A 592
VACANCY WITHIN THE CAREER PROFESSIONAL SERVICE THAT OCCURS FOR 593
ANY REASON.
Sec. 5501.31. The director of transportation shall have 602
general supervision of all roads comprising the state highway 603
system. He THE DIRECTOR may alter, widen, straighten, realign, 604
relocate, establish, construct, reconstruct, improve, maintain, 606
repair, and preserve any road or highway on the state highway 607
system, and, in connection therewith, relocate, alter, widen, 608
deepen, clean out, or straighten the channel of any watercourse 609
as he THE DIRECTOR considers necessary, and purchase or 611
appropriate property for the disposal of surplus materials or 612
borrow pits, and, where an established road has been relocated, 613
establish, construct, and maintain such connecting roads between 614
the old and new location as will provide reasonable access 615
thereto.
The director may purchase or appropriate property necessary 617
for the location or construction of any culvert, bridge, or 618
viaduct, or the approaches thereto, including any property needed 619
to extend, widen, or alter any feeder or outlet road, street, or 620
way adjacent to or under the bridge or viaduct when the 621
extension, widening, or alteration of the feeder road, street, or 622
way is necessary for the full utilization of the bridge or 623
viaduct, or for any other highway improvement. The director also 624
may purchase or appropriate, for such length of time as is 625
16
necessary and desirable, any additional property required for the 626
construction and maintenance of slopes, detour roads, sewers, 627
roadside parks, rest areas, recreational park areas, scenic view 628
areas, drainage systems, or land to replace wetlands incident to 629
any highway improvement, that he THE DIRECTOR is or may be 630
authorized to locate or construct. Title to property purchased 632
or appropriated by the director shall be taken in the name of the 633
state either in fee simple or in any lesser estate or interest 634
that the director considers necessary or proper, in accordance 635
with forms to be prescribed by the attorney general. The deed 636
shall contain a description of the property and be recorded in 637
the county where the property is situated and, when recorded, 638
shall be kept on file in the department of transportation. 639
Provided that when property, other than property used by a 641
railroad for operating purposes, is acquired in connection with 642
improvements involving projects affecting railroads wherein the 643
department of transportation is obligated to acquire property 644
under grade separation statutes, or on other improvements wherein 645
the department is obligated to acquire lands under agreements 646
with railroads, or with a public utility, POLITICAL SUBDIVISION, 647
public corporation, or private corporation owning similar 649
TRANSPORTATION facilities for the readjustment or, relocation, OR 651
IMPROVEMENT of their facilities, a fee simple title or an 653
easement may be acquired by purchase or appropriation in the name 654
of the railroad, public utility, POLITICAL SUBDIVISION, public 655
corporation, or private corporation in the discretion of the 656
director. When the title to lands, which are required to adjust, 657
RELOCATE, OR IMPROVE such facilities pursuant to agreements with 659
the director, is taken in the name of the state, the lands may, 660
in the discretion of the director, MAY be conveyed in fee simple 661
or the right acquired to the railroad, PUBLIC utility, POLITICAL 663
SUBDIVISION, or PUBLIC corporation for which they were acquired. 664
The conveyance shall be prepared by the attorney general and 665
executed by the governor and bear the great seal of the state of 666
17
Ohio.
The director, in the maintenance or repair of state 668
highways, is not limited to the use of the materials with which 669
the highways, including the bridges and culverts thereon, were 670
originally constructed, but may use any material which THAT is 671
proper or suitable. The director may aid the ANY board of county 673
commissioners in establishing, creating, and repairing suitable 674
systems of drainage for all highways within the jurisdiction or 675
control of the board and advise with it as to the establishment, 676
construction, improvement, maintenance, and repair of the 677
highways. 678
Chapters 5501., 5503., 5511., 5513., 5515., 5516., 5517., 680
5519., 5521., 5523., 5525., 5527., 5528., 5529., 5531., 5533., 681
and 5535. of the Revised Code do not prohibit the federal 682
government, or any individual or corporation, from contributing a 683
portion of the cost of the establishment, construction, 684
reconstruction, relocating, widening, resurfacing, maintenance, 685
and repair of the highways. 686
Except in the case of maintaining, repairing, erecting 688
traffic signs on, or pavement marking of state highways within 689
villages, which is mandatory as required by section 5521.01 of 690
the Revised Code, and except as provided in section 5501.49 of 691
the Revised Code, no duty of constructing, reconstructing, 692
widening, resurfacing, maintaining, or repairing state highways 693
within municipal corporations, or the bridges and culverts 694
thereon, shall attach to or rest upon the director, but he THE 695
DIRECTOR may construct, reconstruct, widen, resurface, maintain, 697
and repair the same with or without the cooperation of any 698
municipal corporation, or with or without the cooperation of 699
boards of county commissioners upon each municipal corporation 700
consenting thereto. 701
Sec. 5513.02. (A) Specifications describing the character 710
of the articles which it THAT THE DEPARTMENT OF TRANSPORTATION is 712
proposed PROPOSING to purchase, and the conditions governing 713
18
shipment and delivery, shall be kept on file at the department of 714
transportation and open to public inspection throughout the time 715
during which it is required that an invitation to bidders IS 716
REQUIRED TO be posted. The director of transportation may 717
require bids to be accompanied by a certified check payable to 718
him THE DIRECTOR in an amount fixed by him THE DIRECTOR and 719
stated in the invitation to bidders. Persons, firms, or 720
corporations desiring to bid on more than one invitation shall be 721
relieved from furnishing certified checks with their bids 722
provided they first furnish a bond payable to the state, in an 723
amount and with surety approved by the director, conditioned for 724
the faithful performances of all contracts which THAT may be 725
awarded to them, and otherwise conditioned as the director 727
requires. All bids shall be publicly opened and read at the time 728
and place mentioned in the notice. All purchases shall be made 729
by the director from the lowest responsive and responsible bidder 730
for each item in accordance with section 9.312 of the Revised 731
Code, EXCEPT WHERE THE DIRECTOR HAS ESTABLISHED IN THE BIDDING 732
DOCUMENTS A PROVISION FOR MULTIPLE AWARDS FOR THE PURCHASE OF 733
ITEMS SUCH AS ASPHALT, AGGREGATES, MACHINERY PARTS, AND OTHERS AS 735
THE DIRECTOR DETERMINES NECESSARY, AND except that in the 736
purchase of machinery, equipment, or supplies for which fixed and 737
definite specifications cannot be prepared, the director may 738
purchase the article ARTICLES meeting the general specifications 739
prescribed and which he THE DIRECTOR finds are most suitable for 740
the uses intended. Sections 5513.01 to 5513.04 of the Revised 742
Code shall apply to the exchange of machinery and equipment and 743
in force account operations where the director desires to combine 744
in one order the furnishing, hauling, and placing of material. 745
The director may purchase or authorize the purchase without 746
notice, or upon such notice as he THE DIRECTOR prescribes, of 747
materials which THAT in his THE DIRECTOR'S judgment may be 749
required for the immediate repair of roads or bridges destroyed 750
or damaged by flood, landslide, or other casualty. No person 751
19
shall place separate orders for the purpose of defeating such 752
sections, and contracts of purchase shall not be valid unless 753
made in conformity with this section.
(B) Division (B) of section 125.11 of the Revised Code 755
applies to the purchase of products by the director pursuant to 756
sections 5513.01 to 5513.04 of the Revised Code. 757
Sec. 5515.02. All individuals, firms, and corporations 766
using or occupying any part of a road or highway on the state 767
highway system, or the bridges or culverts thereon, with 768
telegraph or telephone lines, steam, electrical, or industrial 769
railways, oil, gas, water, or other pipes, mains, conduits, or 770
any object or structure, other than by virtue of a franchise or 771
permit granted and in force, shall remove from the bounds of such 772
THE road, highway, bridge, or culvert, their poles and wires 773
connected therewith, and any tracks, switches, spurs, or oil, 774
gas, water, or other pipes, mains, conduits, or other objects or 775
structures, when in the opinion of the director of transportation 776
they constitute obstructions in such THE roads, highways, 777
bridges, or culverts, or interfere or may interfere with the 778
contemplated construction, reconstruction, improvement, 779
maintenance, or repair of such THE roads, highways, bridges, or 780
culverts thereon, or interfere or may interfere with the THEIR 782
use of such roads, highways, bridges, or culverts thereon, by the 783
traveling public.
All individuals, firms, or corporations so occupying any 785
road or highway on the state highway system, or the bridges or 786
culverts thereon, under and by virtue of a franchise or permit 787
granted and in force, shall relocate their properties and all 788
parts thereof within the bounds of such THE road, highway, 789
bridge, or culvert when in the opinion of the director they 790
constitute obstructions in any such THE road, highway, bridge, or 791
culvert, or interfere with or may interfere with the contemplated 792
construction, reconstruction, improvement, maintenance, or repair 793
of such THE road, highway, bridge, or culvert, or interfere with 795
20
or may interfere with the ITS use of such road, highway, bridge, 797
or culvert, which. THE relocation within the bounds of such THE 799
road, highway, bridge, or culvert shall be in the manner and to 800
the extent prescribed by the director. 801
If, in the opinion of the director, such individuals, 803
firms, or corporations have obstructed any road or highway on the 804
state highway system, or the bridges or culverts thereon, or if 805
any of their properties, in his THE DIRECTOR'S opinion, are so 806
located that they do or may interfere with the contemplated 808
construction, reconstruction, improvement, maintenance, or repair 809
of such THE road, highway, bridge, or culvert, or if, in his 811
opinion, they interfere with or may interfere with the use of 812
such THE road, highway, bridge, or culvert by the traveling 813
public, said THE director shall notify such individual, firm, or 814
corporation directing the removal of such THE obstruction or 815
properties, or the relocation of such THE properties, and, if 816
such individual, firm, or corporation does not within five days 818
from the service of such THE notice proceed to remove or relocate 819
the same OBSTRUCTION OR PROPERTIES and complete the removal or 820
relocation within a reasonable time, the director may remove or 822
relocate the same by employing the necessary labor, tools, and 823
equipment. The costs and expenses shall, in the first instance, 824
be paid by the director out of any appropriation of the
department of transportation available for the establishment, 825
construction, reconstruction, improvement, maintenance, or repair 826
of highways, and the amount thereof shall be certified to the 827
attorney general for collection by civil action. Said notice 828
NOTICE OF THE ACTION shall be served by the sheriff in the manner 829
as summons in civil actions MADE BY PERSONAL SERVICE OR BY 830
CERTIFIED MAIL.
Sec. 5516.02. No advertising device shall be erected or 839
maintained within six hundred sixty feet of the edge of the 841
right-of-way of a highway on the interstate system except the 843
following: 844
21
(A) Directional and official signs and notices that 847
conform to rules adopted by the director of transportation; 849
(B) Signs advertising the sale or lease of the property 851
upon which they are located; 852
(C) Advertising devices indicating the name of the 854
business or profession conducted on such property or that 855
identify the goods produced, sold, or services rendered on such 856
property, and that conform to rules adopted by the director; 857
(D) Advertising devices that are located in commercial or 859
industrial zones traversed by segments of the interstate system 860
within the boundaries of a municipal corporation as such 862
boundaries existed on September 21, 1959, and that conform to 864
rules adopted by the director; 865
(E) ADVERTISING DEVICES THAT ARE LOCATED ON THE PREMISES 867
OF A PROFESSIONAL SPORTS FACILITY AND THAT CONFORM TO RULES 868
ADOPTED BY THE DIRECTOR. 869
Sec. 5516.05. THE DIRECTOR OF TRANSPORTATION MAY DESIGNATE 871
ANY PORTION OF THE INTERSTATE SYSTEM, NATIONAL HIGHWAY SYSTEM, OR 872
PRIMARY SYSTEM AS A SCENIC BYWAY. THE DIRECTOR SHALL EXCLUDE 873
FROM DESIGNATION AS A SCENIC BYWAY ANY SEGMENT OF A HIGHWAY IN A 874
ZONED OR UNZONED COMMERCIAL OR INDUSTRIAL AREA THAT IS DETERMINED 875
BY THE DIRECTOR TO BE INCONSISTENT WITH THE DESIGNATION OF A
SCENIC BYWAY. 876
NO ADVERTISING DEVICE MAY BE ERECTED UPON A DESIGNATED 878
SCENIC BYWAY, EXCEPT IN ACCORDANCE WITH DIVISION (A), (B), OR (C) 879
OF SECTION 5516.02 OF THE REVISED CODE, DIVISION (A), (B), (C), 881
(D), (E), OR (G) OF SECTION 5516.06 OF THE REVISED CODE, OR
DIVISION (A), (B), (C), OR (D) OF SECTION 5516.061 OF THE REVISED 883
CODE. ANY ADVERTISING DEVICE LAWFULLY IN EXISTENCE PRIOR TO THE
DESIGNATION OF A SCENIC BYWAY, UPON SUCH DESIGNATION, IS A 884
NONCONFORMING ADVERTISING DEVICE UNDER SECTION 5516.07 OF THE 885
REVISED CODE.
Sec. 5516.06. No advertising device shall be erected or 895
maintained within six hundred sixty feet of the edge of the
22
right-of-way of a highway on the primary system except the 896
following:
(A) Directional and other official signs and notices that 899
conform to rules adopted by the director of transportation; 900
(B) Signs advertising the sale or lease of the property 902
upon which they are located; 903
(C) Advertising devices indicating the name of the 905
business, activities, or profession conducted on such property or 906
that identify the goods produced, sold, or services rendered on 907
such property and that conform to rules adopted by the director; 908
(D) Precautionary signs relating to the premises; 910
(E) Signs, displays, or devices which locate, identify, 912
mark, or warn of the presence of pipe lines, utility lines, or 913
rail lines, and appurtenances thereof, including, but not limited 914
to, markers used in the maintenance, operation, observation, and 915
safety of said lines; 916
(F) Advertising devices located in zoned or unzoned 918
industrial or commercial areas adjacent to highways on the 919
primary system that conform to rules adopted by the director; 920
(G) Signs lawfully in existence on October 22, 1965, that 922
the director, subject to the approval of the secretary of the 923
United States department of transportation, has determined to be 924
landmark signs, including signs on farm structures or natural 925
surfaces, which are of historic or artistic significance; 926
(H) ADVERTISING DEVICES THAT ARE LOCATED ON THE PREMISES 928
OF A PROFESSIONAL SPORTS FACILITY AND THAT CONFORM TO RULES 929
ADOPTED BY THE DIRECTOR. 930
Sec. 5521.01. The director of transportation, upon the 939
request by and the approval of the legislative authority of a 940
village, shall maintain, repair, and apply standard longitudinal 941
pavement marking lines as the director considers appropriate, or 943
may establish, construct, reconstruct, improve, or widen any 944
section of a state highway within the limits of a village. The 945
director also may erect regulatory and warning signs, as defined 946
23
in the manual adopted under section 4511.09 of the Revised Code, 947
on any section of a state highway within the limits of a village. 948
The director may establish, construct, reconstruct, improve, 949
widen, maintain, or repair any section of state highway within 950
the limits of a city, including the elimination of railway grade 951
crossings, and pay the entire or any part of the cost and expense 952
thereof from state funds, but in all cases the director first 954
shall obtain the consent of the legislative authority of the
municipal corporation, except that the director need not obtain 956
the consent of the municipal corporation if the existing highway 957
being changed or the location of an additional highway being 958
established was not within the corporate limits of the municipal 959
corporation at the time the director determines the establishment 960
or change should be made, or if the director is acting pursuant 962
to section 5501.49 of the Revised Code. 963
Except as provided in section 5501.49 of the Revised Code, 965
when in the opinion of the director there is urgent need to 966
establish a state highway, which is to be designated a federal 967
aid highway, or a federal aid interstate highway within a 968
municipal corporation or, in the opinion of the director, any 969
federal aid highway or interstate federal aid highway is in 970
urgent need of repair, reconstruction, widening, improvement, or 971
relocation, so as to accommodate the traveling public, the 972
director shall submit a written request to the legislative 973
authority of the municipal corporation for its consent to the 974
desired establishment or improvement. The legislative authority, 975
within sixty days after such THE written request has been 976
received from the director, shall either SHALL grant its consent 977
to the establishment or improvement or refuse consent by filing 978
in writing with the director a statement of its reasons for 979
refusing consent and any alternate proposals it considers 980
reasonable. If the legislative authority fails to act or refuses 981
consent, the director, upon consideration of the reasons for 982
rejection, may make a resolution declaring the necessity of the 983
24
establishment or improvement, and then proceed in the same manner 985
as if consent had been given. A certified copy of the resolution 986
shall be served upon the municipal legislative authority, which, 987
within twenty days from the date of service, may appeal to the 988
court of common pleas of the county in which the municipal 989
corporation is situated, upon the reasonableness and necessity of 990
the action provided for in the resolution. In the hearing upon 991
appeal, the director shall introduce the record of the director's 992
proceedings, including the director's findings with respect to 994
factors referred to in section 5521.011 of the Revised Code, and 995
such other competent evidence as the director desires in support 996
of the director's resolution, and the municipality likewise may 997
introduce competent evidence opposing the resolution, and 998
findings. The court may affirm or revoke the resolution. The 999
decision of the common pleas court may be appealed to the court 1,000
of appeals and the supreme court as in other cases. If the court 1,001
affirms the resolution, the director may proceed with the 1,002
establishment or improvement with or without the cooperation of 1,003
the municipal corporation. Any such municipal corporation may 1,004
cooperate with the director in the work and pay such portion of 1,005
the cost as is agreed upon between the municipal corporation and 1,006
the director. The legislative authority of any municipal 1,007
corporation desiring to cooperate, by resolution, may propose 1,008
such cooperation to the director, and a copy of the resolution, 1,009
which shall set forth the proportion of the cost and expense to 1,010
be contributed by the municipal corporation, shall be filed with 1,011
the director. The director shall cause to be prepared the 1,012
necessary surveys, plans, profiles, cross sections, estimates, 1,013
and specifications and shall file copies of them with the 1,015
legislative authority of the municipal corporation. After the 1,017
legislative authority has approved the surveys, plans, profiles, 1,018
cross sections, estimates, and specifications, and after the 1,019
municipal corporation has provided the funds necessary to meet 1,020
the portion of the cost of the work assumed by it, the municipal 1,021
25
corporation shall enter into a contract with the state providing 1,022
for payment by the municipal corporation of the agreed portion of 1,023
the cost. The form of the contract shall be prescribed by the 1,024
attorney general, and all such contracts shall be submitted to 1,025
the attorney general DIRECTOR and approved by the attorney 1,026
general before the director advertises ADVERTISING for bids. 1,027
Section 5705.41 of the Revised Code applies to such contract to 1,028
be made by the municipal corporation, and a duplicate of the 1,029
certificate of the chief fiscal officer of the municipal 1,030
corporation shall be filed in the office of the director. That 1,031
part of the cost of the work assumed by the municipal corporation 1,032
shall be paid from the proceeds of taxes or special assessments, 1,033
or both, or from the proceeds of notes or bonds issued and sold 1,034
in anticipation of the collection of such THE taxes and 1,035
assessments. For the purpose of providing funds for the payment 1,036
of that part of the cost of the work assumed by the municipal 1,037
corporation, the municipal corporation has the same authority to 1,038
make special assessments, levy taxes, and issue bonds or notes, 1,039
in anticipation of the collection of the same, as it has with 1,040
respect to improvements constructed under the sole supervision 1,041
and control of the municipal corporation. All such assessments 1,042
shall be made, taxes levied, and bonds or notes issued and sold 1,043
under such conditions and restrictions as may be provided with 1,044
respect to assessments, taxes, bonds, or notes made, levied, 1,045
issued, or sold in connection with improvements of the same class 1,046
and character constructed under the sole supervision and control 1,047
of the municipal corporation. The improvement shall be 1,048
constructed under the sole supervision of the director. The 1,049
proportion of the cost and expense payable by the municipal 1,050
corporation shall be paid by the proper officers thereof, upon 1,051
the requisition of the director, and at times during the progress 1,052
of the work as may be determined by the director or as may be 1,053
otherwise provided by law. 1,054
Sec. 5525.19. Payment for the cost of the establishment, 1,063
26
construction, reconstruction, improvement, maintenance, and 1,064
repair of a highway under Chapters 5501., 5503., 5511., 5513., 1,065
5515., 5516., 5517., 5519., 5521., 5523., 5525., 5527., 5528., 1,066
5529., 5531., 5533., and 5535. of the Revised Code shall be made 1,067
at intervals of not more LESS than one ONCE A month as the work 1,069
progresses, upon estimates made by the district deputy director 1,070
of transportation in charge of such THE improvement and upon 1,071
approval of the director of transportation. Except as provided 1,073
in this section, no payment by the state on account of a contract 1,074
for any improvement under such chapters shall, before the 1,075
completion of the contract, exceed ninety-two per cent of the 1,076
value of the work performed to the date of such payment, and 1,077
eight per cent of the value of work performed shall be held until 1,078
the final completion of the contract in accordance with the plans 1,079
and specifications. In addition to the above payments on account 1,080
of work performed, the director may allow and pay to a contractor 1,081
a sum not exceeding ninety-two per cent of the value of material 1,082
delivered on the site of the work, or in the vicinity thereof, 1,083
but not yet incorporated therein, provided such material has been 1,084
inspected and found to meet the specifications. When an estimate 1,085
is allowed on account of material delivered on the site of the 1,086
work or in the vicinity thereof, but not yet incorporated 1,087
therein, such THE material shall become the property of the 1,088
state, but if such THE material is stolen, destroyed, or damaged 1,089
by casualty before being used, or for any reason becomes unfit 1,091
for use, the contractor shall replace the material at his THE 1,092
CONTRACTOR'S own expense. When the retained percentage, plus the 1,094
difference between the contract price and the estimates allowed, 1,095
exceeds by more than eight per cent the estimated cost of 1,096
completing the work, as determined by the director, he may pay 1,097
the contractor all or any part of the excess sum, retaining not 1,099
less than the estimated cost of completing the work, as 1,100
determined by the director, plus eight per cent. When a portion 1,101
of a highway covered by a contract is completed and opened to 1,102
27
traffic, all retained percentages held in connection with such 1,103
highway shall be released and paid to the contractor. 1,104
In addition to the estimates provided for by law, the 1,106
director may, under such conditions as he THE DIRECTOR 1,107
prescribes, MAY allow and pay to a contractor a sum not exceeding 1,109
ninety-two per cent of the value of THE material delivered by 1,110
such THE contractor and safely stored at a railroad station, or 1,111
siding, or other point in the vicinity of the work AN APPROVED 1,112
SITE. When such estimate is allowed, the material on which it is 1,114
allowed shall become the property of the state, but in case such 1,115
THE material is stolen, destroyed, or damaged by casualty before 1,116
being used, or for any reason becomes unfit for use, the 1,117
contractor shall replace the material at his THE CONTRACTOR'S 1,118
expense. A contractor may insure against loss or damage by fire 1,119
or otherwise all materials on which estimates have been allowed. 1,120
Sec. 5533.48. THAT PORTION OF THE HIGHWAY KNOWN AS UNITED 1,122
STATES ROUTE NUMBER TWO HUNDRED TWENTY-FOUR, RUNNING IN A 1,123
WESTERLY TO EASTERLY DIRECTION, COMMENCING AT THE JUNCTION WITH 1,124
STATE ROUTE TWO HUNDRED FORTY-ONE IN SUMMIT COUNTY AND EXTENDING 1,125
TO STATE ROUTE NINETY-ONE SHALL BE KNOWN AS THE "CLIFF SKEEN 1,126
MEMORIAL HIGHWAY." 1,127
THE DIRECTOR OF TRANSPORTATION MAY ERECT SUITABLE MARKERS 1,129
UPON THE HIGHWAYS INDICATING ITS NAME. 1,130
Section 2. That existing sections 124.34, 124.57, 4117.01, 1,132
5501.31, 5513.02, 5515.02, 5516.02, 5516.06, 5521.01, and 5525.19 1,134
and section 5501.19 of the Revised Code are hereby repealed. 1,135
Section 3. That Section 7.04 of Am. Sub. H.B. 210 of the 1,138
122nd General Assembly, as amended by Am. Sub. S.B. 230 of the 1,139
122nd General Assembly, be amended to read as follows: 1,140
"Sec. 7.04. Transfer of Appropriations - Planning and 1,144
Research, Highway Construction, Maintenance and Administration 1,145
The Director of Budget and Management may approve requests 1,147
from the Department of Transportation, for transfer of funds 1,148
among the appropriations for highway planning and research (line 1,149
28
items 771-411 and 771-412), highway construction (line items 1,150
772-421, 772-422, and 772-424), highway maintenance (line item 1,151
773-431), and highway administration (line item 779-491). 1,153
Transfers between appropriation items shall be made upon the 1,155
written request of the Director of Transportation with the 1,156
approval of the Director of Budget and Management. Such 1,157
transfers shall be reported to the Controlling Board at the next 1,158
regularly scheduled meeting of the board. 1,159
This transfer language is intended to provide for emergency 1,161
situations and flexibility to meet unforeseen conditions that 1,162
could arise during the budget period. This will also allow the 1,163
Department to optimize the use of available resources, and adjust 1,164
to circumstances affecting the obligation and expenditure of 1,165
federal funds. 1,166
Transfer of Appropriations - State Infrastructure Bank 1,168
The Director of Budget and Management may approve requests 1,170
from the Department of Transportation for transfer of funds among 1,171
the appropriations AND CASH of the Infrastructure Bank funds 1,173
created in section 5531.09 of the Revised Code, including 1,174
transfers between fiscal years 1998 and 1999. Such transfers
shall be reported to the Controlling Board at the next regularly 1,175
scheduled meeting of the board. However, the Director may not 1,176
make transfers out of debt service and lease payment line items 1,177
unless the Director determines that the appropriated amounts 1,178
exceed the actual and projected debt, rental, or lease payments. 1,179
The Director of Budget and Management may approve requests 1,181
from the Department of Transportation for transfer of funds from 1,182
appropriations AND CASH of the Highway Operating Fund (Fund 002) 1,184
to appropriations of the Infrastructure Bank funds created in 1,185
section 5531.09 of the Revised Code. THE DIRECTOR OF BUDGET AND 1,186
MANAGEMENT MAY TRANSFER FROM THE INFRASTRUCTURE BANK FUNDS TO THE 1,187
HIGHWAY OPERATING FUND UP TO THE AMOUNTS ORIGINALLY TRANSFERRED 1,189
TO THE INFRASTRUCTURE BANK FUNDS UNDER THIS SECTION. Such 1,190
transfers shall be reported to the Controlling Board at the next 1,191
29
regularly scheduled meeting of the board. However, the Director 1,192
may not make transfers between modes and transfers between 1,193
different funding sources. 1,194
Cash Transfer Between Funds - Aviation Infrastructure Bank 1,196
- State
The Director of Budget and Management shall transfer, from 1,199
Fund 212 to Fund 213 within the Highway Operating Fund Group, 1,200
$204,584 that was received from the proceeds of the sale of the 1,201
Fiala Center in Portage County. 1,202
Of the foregoing appropriation item 777-477, Aviation 1,204
Infrastructure Bank - State, $204,584 shall be distributed by the 1,206
Department of Transportation to the Zanesville Municipal Airport 1,207
and the Akron-Fulton International Airport in accordance with 1,209
Section 115 of Am. Sub. H.B. 215 of the 122nd General Assembly, 1,211
as amended by this act AM. SUB. S.B. 230 OF THE 122nd GENERAL 1,213
ASSEMBLY.
Of the $204,584 in proceeds from the sale of the Fiala 1,215
Center within appropriation item 777-477, Aviation Infrastructure 1,217
Bank - State, any unencumbered and unallotted fiscal year 1998 1,218
amounts shall be transferred by the Director of Budget and 1,219
Management to appropriation item 777-477, Aviation Infrastructure 1,220
Bank - State, in fiscal year 1999. Those amounts so transferred 1,221
from fiscal year 1998 to fiscal year 1999 are hereby 1,222
appropriated.
Transfer of Appropriations - Public Transportation 1,224
The Director of Budget and Management may approve requests 1,226
from the Department of Transportation for transfer of funds 1,227
between appropriation item 775-451, Public Transportation - 1,228
State, and 775-456, Public Transportation - Discretionary 1,229
Capital.
Increase Appropriation Authority - State Funds 1,231
In the event that revenues or unexpended balances, credited 1,233
to the Highway Operating Fund, exceed the estimates upon which 1,234
the appropriations have been made in Am. Sub. H.B. 210 of the 1,236
30
122nd General Assembly, the Director of Transportation may submit 1,237
a request to the Controlling Board for increased appropriation 1,238
authority in the same manner as prescribed in section 131.35 of 1,240
the Revised Code. Such additional revenues or unexpended 1,241
balances are hereby appropriated to the Department of
Transportation when authorized by the Controlling Board. 1,242
Increase Appropriation Authority - Federal and Local Funds 1,245
In the event that receipts or unexpended balances credited 1,247
to the Highway Operating Fund, or apportionments or allocations 1,248
made available from the federal and local government exceed the 1,249
estimates upon which the appropriations have been made in Am. 1,252
Sub. H.B. 210 of the 122nd General Assembly, such excess is 1,253
hereby appropriated and may be added to the appropriate item or
items when requested by the Director of Transportation and 1,254
approved by the Director of Budget and Management and the 1,255
Controlling Board.
Reappropriations 1,257
All appropriations of the Highway Operating Fund (Fund 002) 1,259
and, the Highway Capital Improvement Fund (Fund 042), AND THE 1,261
INFRASTRUCTURE BANK FUNDS CREATED IN SECTION 5531.09 OF THE 1,262
REVISED CODE remaining unencumbered on June 30, 1997, and the 1,264
unexpended balance of prior years' appropriations that 1,265
subsequently become unencumbered after June 30, 1997, subject to 1,266
the availability of revenue as determined by the Director of 1,268
Transportation, are hereby reappropriated for the same purpose in 1,269
fiscal year 1998 upon the request of the Director of 1,270
Transportation with the approval of the Director of Budget and 1,272
Management. Such reappropriations shall be reported to the 1,273
Controlling Board at the next regularly scheduled meeting of the 1,274
board.
All appropriations of the Highway Operating Fund (Fund 002) 1,276
and, the Highway Capital Improvement Fund (Fund 042), AND THE 1,278
INFRASTRUCTURE BANK FUNDS CREATED IN SECTION 5531.09 OF THE 1,279
REVISED CODE in Am. Sub. H.B. 210 of the 122nd General Assembly 1,282
31
remaining unencumbered as of June 30, 1998, are reappropriated 1,284
for use during fiscal year 1999 for the same purpose. The 1,285
department shall report all such reappropriations to the 1,287
Controlling Board."
Section 4. That existing Section 7.04 of Am. Sub. H.B. 210 1,289
of the 122nd General Assembly, as amended by Am. Sub. S.B. 230 of 1,290
the 122nd General Assembly, is hereby repealed. 1,291
Section 5. Notwithstanding the limitation in division (B) 1,294
of section 5501.20 of the Revised Code that the Director of 1,295
Transportation adopt a rule establishing a business plan for the 1,296
Department of Transportation only once in each two years, at the 1,297
earliest time permitted by law after the effective date of this 1,298
act, the Director shall adopt the rules specified in division (B)
of section 5501.20 of the Revised Code. The rules adopted under 1,299
this section shall be in effect until succeeding rules are 1,300
adopted under section 5501.20 of the Revised Code. 1,301