As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 80 5
1997-1998 6
SENATORS B. JOHNSON-LATTA- 8
REPRESENTATIVES BATEMAN-DAMSCHRODER-GARCIA 9
11
A B I L L
To amend section 4511.191 of the Revised Code to 12
provide that, if a person is arrested for OMVI 13
and the person's driver's license is suspended 14
under the Administrative License Suspension (ALS) 15
provisions of the Implied Consent Law, the ALS 16
terminates if the person is convicted of the 17
underlying OMVI charge, to provide that a person 18
who is arrested for OMVI and whose driver's 20
license is suspended under the ALS provisions 21
and also later by a court is liable for payment 22
of only one driver's license reinstatement fee 24
when the person's license is returned or 25
reissued, to increase the reinstatement fee from 26
$280 to $405, and to expand the uses of a county 28
indigent drivers alcohol treatment fund, a 29
county juvenile indigent drivers treatment fund, 30
or a municipal indigent drivers treatment fund 32
when the court with control of the fund declares 33
a surplus in the fund. 34
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 36
Section 1. That section 4511.191 of the Revised Code be 38
amended to read as follows: 39
Sec. 4511.191. (A) Any person who operates a vehicle upon 48
a highway or any public or private property used by the public 49
for vehicular travel or parking within this state shall be deemed 50
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to have given consent to a chemical test or tests of the person's 52
blood, breath, or urine for the purpose of determining the 53
alcohol, drug, or alcohol and drug content of the person's blood, 54
breath, or urine if arrested for operating a vehicle while under 56
the influence of alcohol, a drug of abuse, or alcohol and a drug 57
of abuse or for operating a vehicle with a prohibited 58
concentration of alcohol in the blood, breath, or urine. The 59
chemical test or tests shall be administered at the request of a 60
police officer having reasonable grounds to believe the person to 61
have been operating a vehicle upon a highway or any public or 62
private property used by the public for vehicular travel or 63
parking in this state while under the influence of alcohol, a 64
drug of abuse, or alcohol and a drug of abuse or with a 65
prohibited concentration of alcohol in the blood, breath, or 66
urine. The law enforcement agency by which the officer is 67
employed shall designate which of the tests shall be
administered. 68
(B) Any person who is dead or unconscious, or who is 70
otherwise in a condition rendering the person incapable of 71
refusal, shall be deemed not to have withdrawn consent as 73
provided by division (A) of this section and the test or tests 74
may be administered, subject to sections 313.12 to 313.16 of the 75
Revised Code. 76
(C)(1) Any person under arrest for operating a vehicle 78
while under the influence of alcohol, a drug of abuse, or alcohol 79
and a drug of abuse or for operating a vehicle with a prohibited 80
concentration of alcohol in the blood, breath, or urine shall be 81
advised at a police station, or at a hospital, first-aid station, 82
or clinic to which the person has been taken for first-aid or 83
medical treatment, of both of the following: 84
(a) The consequences, as specified in division (E) of this 86
section, of the person's refusal to submit upon request to a 87
chemical test designated by the law enforcement agency as 89
provided in division (A) of this section; 90
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(b) The consequences, as specified in division (F) of this 92
section, of the person's submission to the designated chemical 94
test if the person is found to have a prohibited concentration of 95
alcohol in the blood, breath, or urine. 96
(2)(a) The advice given pursuant to division (C)(1) of 98
this section shall be in a written form containing the 99
information described in division (C)(2)(b) of this section and 100
shall be read to the person. The form shall contain a statement 101
that the form was shown to the person under arrest and read to 102
the person in the presence of the arresting officer and either 104
another police officer, a civilian police employee, or an 105
employee of a hospital, first-aid station, or clinic, if any, to 106
which the person has been taken for first-aid or medical 107
treatment. The witnesses shall certify to this fact by signing 108
the form.
(b) The form required by division (C)(2)(a) of this 110
section shall read as follows: 111
"You now are under arrest for operating a vehicle while 113
under the influence of alcohol, a drug of abuse, or both alcohol 114
and a drug of abuse and will be requested by a police officer to 115
submit to a chemical test to determine the concentration of 116
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 117
blood, breath, or urine. 118
If you refuse to submit to the requested test or if you 120
submit to the requested test and are found to have a prohibited 121
concentration of alcohol in your blood, breath, or urine, your 122
driver's or commercial driver's license or permit or nonresident 123
operating privilege immediately will be suspended for the period 124
of time specified by law by the officer, on behalf of the 125
registrar of motor vehicles. You may appeal this suspension at 126
your initial appearance before the court that hears the charges 127
against you resulting from the arrest, and your initial 128
appearance will be conducted no later than five days after the 129
arrest. This suspension is independent of the penalties for the 130
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offense, and you may be subject to other penalties upon 131
conviction." 132
(D)(1) If a person under arrest as described in division 134
(C)(1) of this section is not asked by a police officer to submit 135
to a chemical test designated as provided in division (A) of this 136
section, the arresting officer shall seize the Ohio or 137
out-of-state driver's or commercial driver's license or permit of 138
the person and immediately forward the seized license or permit 139
to the court in which the arrested person is to appear on the 140
charge for which the person was arrested. If the arrested person 141
does not have the person's driver's or commercial driver's 142
license or permit on his or her person THE PERSON'S SELF or in 143
his or her THE PERSON'S vehicle, the arresting officer shall 145
order the arrested person to surrender it to the law enforcement 146
agency that employs the officer within twenty-four hours after 147
the arrest, and, upon the surrender, the officer's employing 148
agency immediately shall forward the license or permit to the 149
court in which the arrested person is to appear on the charge for 151
which the person was arrested. Upon receipt of the license or 153
permit, the court shall retain it pending the initial appearance 154
of the arrested person and any action taken under section 155
4511.196 of the Revised Code.
If a person under arrest as described in division (C)(1) of 157
this section is asked by a police officer to submit to a chemical 158
test designated as provided in division (A) of this section and 159
is advised of the consequences of the person's refusal or 160
submission as provided in division (C) of this section and if the 161
person either refuses to submit to the designated chemical test 162
or the person submits to the designated chemical test and the 163
test results indicate that the person's blood contained a 164
concentration of ten-hundredths of one per cent or more by weight 165
of alcohol, the person's breath contained a concentration of 166
ten-hundredths of one gram or more by weight of alcohol per two 167
hundred ten liters of the person's breath, or the person's urine 168
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contained a concentration of fourteen-hundredths of one gram or 170
more by weight of alcohol per one hundred milliliters of the 171
person's urine at the time of the alleged offense, the arresting 173
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 175
suspension upon the person that advises the person that, 176
independent of any penalties or sanctions imposed upon the person 178
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 180
license or permit or nonresident operating privilege is 181
suspended, that the suspension takes effect immediately, that the 182
suspension will last at least until the person's initial 183
appearance on the charge that will be held within five days after 185
the date of the person's arrest or the issuance of a citation to 187
the person, and that the person may appeal the suspension at the 189
initial appearance; seize the Ohio or out-of-state driver's or 190
commercial driver's license or permit of the person; and 191
immediately forward the seized license or permit to the 192
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on his or her 193
person THE PERSON'S SELF or in his or her THE PERSON'S vehicle, 195
the arresting officer shall order the person to surrender it to 196
the law enforcement agency that employs the officer within 197
twenty-four hours after the service of the notice of suspension, 198
and, upon the surrender, the officer's employing agency 199
immediately shall forward the license or permit to the registrar. 200
(b) Verify the current residence of the person and, if it 202
differs from that on the person's driver's or commercial driver's 203
license or permit, notify the registrar of the change; 204
(c) In addition to forwarding the arrested person's 206
driver's or commercial driver's license or permit to the 207
registrar, send to the registrar, within forty-eight hours after 208
the arrest of the person, a sworn report that includes all of the 209
following statements: 210
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(i) That the officer had reasonable grounds to believe 212
that, at the time of the arrest, the arrested person was 213
operating a vehicle upon a highway or public or private property 214
used by the public for vehicular travel or parking within this 215
state while under the influence of alcohol, a drug of abuse, or 216
alcohol and a drug of abuse or with a prohibited concentration of 217
alcohol in the blood, breath, or urine; 218
(ii) That the person was arrested and charged with 220
operating a vehicle while under the influence of alcohol, a drug 221
of abuse, or alcohol and a drug of abuse or with operating a 222
vehicle with a prohibited concentration of alcohol in the blood, 223
breath, or urine; 224
(iii) That the officer asked the person to take the 226
designated chemical test, advised the person of the consequences 227
of submitting to the chemical test or refusing to take the 228
chemical test, and gave the person the form described in division 229
(C)(2) of this section; 230
(iv) That the person refused to submit to the chemical 232
test or that the person submitted to the chemical test and the 233
test results indicate that the person's blood contained a 234
concentration of ten-hundredths of one per cent or more by weight 236
of alcohol, the person's breath contained a concentration of 237
ten-hundredths of one gram or more by weight of alcohol per two 238
hundred ten liters of the person's breath, or the person's urine 239
contained a concentration of fourteen-hundredths of one gram or 241
more by weight of alcohol per one hundred milliliters of the 242
person's urine at the time of the alleged offense; 244
(v) That the officer served a notice of suspension upon 246
the person as described in division (D)(1)(a) of this section. 247
(2) The sworn report of an arresting officer completed 249
under division (D)(1)(c) of this section shall be given by the 250
officer to the arrested person at the time of the arrest or sent 251
to the person by regular first class mail by the registrar as 252
soon thereafter as possible, but no later than fourteen days 253
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after receipt of the report. An arresting officer may give an 254
unsworn report to the arrested person at the time of the arrest 255
provided the report is complete when given to the arrested person 256
and subsequently is sworn to by the arresting officer. As soon 257
as possible, but no later than forty-eight hours after the arrest 258
of the person, the arresting officer shall send a copy of the 259
sworn report to the court in which the arrested person is to 260
appear on the charge for which the person was arrested. 261
(3) The sworn report of an arresting officer completed and 263
sent to the registrar and the court under divisions (D)(1)(c) and 264
(D)(2) of this section is prima-facie proof of the information 265
and statements that it contains and shall be admitted and 266
considered as prima-facie proof of the information and statements 267
that it contains in any appeal under division (H) of this section 268
relative to any suspension of a person's driver's or commercial 269
driver's license or permit or nonresident operating privilege 270
that results from the arrest covered by the report. 271
(E)(1) Upon receipt of the sworn report of an arresting 273
officer completed and sent to the registrar and a court pursuant 274
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 275
person who refused to take the designated chemical test, the 276
registrar shall enter into the registrar's records the fact that 278
the person's driver's or commercial driver's license or permit or 279
nonresident operating privilege was suspended by the arresting 280
officer under division (D)(1)(a) of this section and the period 281
of the suspension, as determined under divisions (E)(1)(a) to (d) 282
of this section. The suspension shall be subject to appeal as 283
provided in this section and shall be for whichever of the 284
following periods applies: 285
(a) If the arrested person, within five years of the date 287
on which the person refused the request to consent to the 288
chemical test, had not refused a previous request to consent to a 290
chemical test of the person's blood, breath, or urine to 291
determine its alcohol content, the period of suspension shall be 293
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one year. If the person is a resident without a license or 294
permit to operate a vehicle within this state, the registrar 295
shall deny to the person the issuance of a driver's or commercial 296
driver's license or permit for a period of one year after the 297
date of the alleged violation.
(b) If the arrested person, within five years of the date 299
on which the person refused the request to consent to the 300
chemical test, had refused one previous request to consent to a 302
chemical test of the person's blood, breath, or urine to 303
determine its alcohol content, the period of suspension or denial 305
shall be two years.
(c) If the arrested person, within five years of the date 307
on which the person refused the request to consent to the 308
chemical test, had refused two previous requests to consent to a 310
chemical test of the person's blood, breath, or urine to 311
determine its alcohol content, the period of suspension or denial 313
shall be three years.
(d) If the arrested person, within five years of the date 315
on which the person refused the request to consent to the 316
chemical test, had refused three or more previous requests to 318
consent to a chemical test of the person's blood, breath, or 319
urine to determine its alcohol content, the period of suspension 321
or denial shall be five years. 322
(2) The suspension or denial imposed under division (E)(1) 324
of this section shall continue for the entire one-year, two-year, 325
three-year, or five-year period, subject to appeal as provided in 326
this section and subject to termination as provided in division 327
(K) of this section. 328
(F) Upon receipt of the sworn report of an arresting 330
officer completed and sent to the registrar and a court pursuant 331
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 332
person whose test results indicate that the person's blood 333
contained a concentration of ten-hundredths of one per cent or 335
more by weight of alcohol, the person's breath contained a 336
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concentration of ten-hundredths of one gram or more by weight of 337
alcohol per two hundred ten liters of the person's breath, or the 339
person's urine contained a concentration of fourteen-hundredths 340
of one gram or more by weight of alcohol per one hundred 341
milliliters of the person's urine at the time of the alleged 342
offense, the registrar shall enter into the registrar's records 343
the fact that the person's driver's or commercial driver's 345
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 346
this section and the period of the suspension, as determined 347
under divisions (F)(1) to (4) of this section. The suspension 348
shall be subject to appeal as provided in this section and shall 349
be for whichever of the following periods that applies: 350
(1) Except when division (F)(2), (3), or (4) of this 352
section applies and specifies a different period of suspension or 353
denial, the period of the suspension or denial shall be ninety 354
days.
(2) If the person has been convicted, within six years of 356
the date the test was conducted, of one violation of division (A) 359
or (B) of section 4511.19 of the Revised Code, a municipal 360
ordinance relating to operating a vehicle while under the 361
influence of alcohol, a drug of abuse, or alcohol and a drug of 362
abuse, a municipal ordinance relating to operating a vehicle with 363
a prohibited concentration of alcohol in the blood, breath, or 364
urine, section 2903.04 of the Revised Code in a case in which the 365
offender was subject to the sanctions described in division (D) 366
of that section, or section 2903.06, 2903.07, or 2903.08 of the 367
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 368
the jury or judge found that at the time of the commission of the 369
offense the offender was under the influence of alcohol, a drug 370
of abuse, or alcohol and a drug of abuse, or a statute of the 371
United States or of any other state or a municipal ordinance of a 372
municipal corporation located in any other state that is 373
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substantially similar to division (A) or (B) of section 4511.19 374
of the Revised Code, the period of the suspension or denial shall 375
be one year.
(3) If the person has been convicted, within six years of 377
the date the test was conducted, of two violations of a statute 378
or ordinance described in division (F)(2) of this section, the 380
period of the suspension or denial shall be two years.
(4) If the person has been convicted, within six years of 382
the date the test was conducted, of more than two violations of a 383
statute or ordinance described in division (F)(2) of this 384
section, the period of the suspension or denial shall be three 385
years. 386
(G)(1) A suspension of a person's driver's or commercial 388
driver's license or permit or nonresident operating privilege 389
under division (D)(1)(a) of this section for the period of time 390
described in division (E) or (F) of this section is effective 391
immediately from the time at which the arresting officer serves 392
the notice of suspension upon the arrested person. Any 393
subsequent finding that the person is not guilty of the charge 394
that resulted in the person being requested to take, or in the 396
person taking, the chemical test or tests under division (A) of 397
this section affects the suspension only as described in division 398
(H)(2) of this section. 399
(2) If a person is arrested for operating a vehicle while 401
under the influence of alcohol, a drug of abuse, or alcohol and a 402
drug of abuse or for operating a vehicle with a prohibited 403
concentration of alcohol in the blood, breath, or urine and 404
regardless of whether the person's driver's or commercial 405
driver's license or permit or nonresident operating privilege is 406
or is not suspended under division (E) or (F) of this section, 407
the person's initial appearance on the charge resulting from the 408
arrest shall be held within five days of the person's arrest or 409
the issuance of the citation to the person, subject to any 410
continuance granted by the court pursuant to division (H)(1) of 412
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this section regarding the issues specified in that division. 413
(H)(1) If a person is arrested for operating a vehicle 415
while under the influence of alcohol, a drug of abuse, or alcohol 416
and a drug of abuse or for operating a vehicle with a prohibited 417
concentration of alcohol in the blood, breath, or urine and if 418
the person's driver's or commercial driver's license or permit or 419
nonresident operating privilege is suspended under division (E) 420
or (F) of this section, the person may appeal the suspension at 421
the person's initial appearance on the charge resulting from the 424
arrest in the court in which the person will appear on that 425
charge. If the person appeals the suspension at the person's 426
initial appearance, the appeal does not stay the operation of the 427
suspension. Subject to division (H)(2) of this section, no court 428
has jurisdiction to grant a stay of a suspension imposed under 429
division (E) or (F) of this section, and any order issued by any 430
court that purports to grant a stay of any suspension imposed 431
under either of those divisions shall not be given administrative 432
effect.
If the person appeals the suspension at the person's 434
initial appearance, either the person or the registrar may 435
request a continuance of the appeal. Either the person or the 437
registrar shall make the request for a continuance of the appeal 438
at the same time as the making of the appeal. If either the 439
person or the registrar requests a continuance of the appeal, the 440
court may grant the continuance. The court also may continue the 441
appeal on its own motion. The granting of a continuance applies 442
only to the conduct of the appeal of the suspension and does not 443
extend the time within which the initial appearance must be 444
conducted, and the court shall proceed with all other aspects of 445
the initial appearance in accordance with its normal procedures. 446
Neither the request for nor the granting of a continuance stays 447
the operation of the suspension that is the subject of the 448
appeal.
If the person appeals the suspension at the person's 450
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initial appearance, the scope of the appeal is limited to 451
determining whether one or more of the following conditions have 452
not been met: 453
(a) Whether the law enforcement officer had reasonable 455
ground to believe the arrested person was operating a vehicle 456
upon a highway or public or private property used by the public 457
for vehicular travel or parking within this state while under the 458
influence of alcohol, a drug of abuse, or alcohol and a drug of 459
abuse or with a prohibited concentration of alcohol in the blood, 460
breath, or urine and whether the arrested person was in fact 461
placed under arrest; 462
(b) Whether the law enforcement officer requested the 464
arrested person to submit to the chemical test designated 465
pursuant to division (A) of this section; 466
(c) Whether the arresting officer informed the arrested 468
person of the consequences of refusing to be tested or of 469
submitting to the test; 470
(d) Whichever of the following is applicable: 472
(i) Whether the arrested person refused to submit to the 474
chemical test requested by the officer; 475
(ii) Whether the chemical test results indicate that the 477
arrested person's blood contained a concentration of 478
ten-hundredths of one per cent or more by weight of alcohol, the 480
person's breath contained a concentration of ten-hundredths of 482
one gram or more by weight of alcohol per two hundred ten liters 483
of the person's breath, or the person's urine contained a 484
concentration of fourteen-hundredths of one gram or more by 486
weight of alcohol per one hundred milliliters of the person's 487
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 489
appearance, the judge or referee of the court or the mayor of the 490
mayor's court shall determine whether one or more of the 491
conditions specified in divisions (H)(1)(a) to (d) of this 492
section have not been met. The person who appeals the suspension 493
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has the burden of proving, by a preponderance of the evidence, 494
that one or more of the specified conditions has not been met. 495
If during the appeal at the initial appearance the judge or 496
referee of the court or the mayor of the mayor's court determines 497
that all of those conditions have been met, the judge, referee, 498
or mayor shall uphold the suspension, shall continue the 499
suspension, and shall notify the registrar of the decision on a 500
form approved by the registrar. Except as otherwise provided in 501
division (H)(2) of this section, if the suspension is upheld or 502
if the person does not appeal the suspension at the person's 503
initial appearance under division (H)(1) of this section, the 504
suspension shall continue until the complaint alleging the 505
violation for which the person was arrested and in relation to 506
which the suspension was imposed is adjudicated on the merits by 507
the judge or referee of the trial court or by the mayor of the 508
mayor's court. If the suspension was imposed under division (E) 509
of this section and it is continued under this division, any 510
subsequent finding that the person is not guilty of the charge 511
that resulted in the person being requested to take the chemical 512
test or tests under division (A) of this section does not 513
terminate or otherwise affect the suspension. If the suspension 514
was imposed under division (F) of this section and it is 515
continued under this division, the suspension shall terminate if, 516
for any reason, the person subsequently is found not guilty of 517
the charge that resulted in the person taking the chemical test 518
or tests under division (A) of this section. 519
If, during the appeal at the initial appearance, the judge 521
or referee of the trial court or the mayor of the mayor's court 522
determines that one or more of the conditions specified in 523
divisions (H)(1)(a) to (d) of this section have not been met, the 524
judge, referee, or mayor shall terminate the suspension, subject 525
to the imposition of a new suspension under division (B) of 526
section 4511.196 of the Revised Code; shall notify the registrar 527
of the decision on a form approved by the registrar; and, except 528
14
as provided in division (B) of section 4511.196 of the Revised 530
Code, shall order the registrar to return the driver's or 531
commercial driver's license or permit to the person or to take 532
such measures as may be necessary, if the license or permit was 533
destroyed under section 4507.55 of the Revised Code, to permit 534
the person to obtain a replacement driver's or commercial 535
driver's license or permit from the registrar or a deputy 536
registrar in accordance with that section. The court also shall 537
issue to the person a court order, valid for not more than ten 538
days from the date of issuance, granting the person operating 539
privileges for that period of time.
If the person appeals the suspension at the initial 541
appearance, the registrar shall be represented by the prosecuting 542
attorney of the county in which the arrest occurred if the 543
initial appearance is conducted in a juvenile court or county 544
court, except that if the arrest occurred within a city or 545
village within the jurisdiction of the county court in which the 546
appeal is conducted, the city director of law or village 547
solicitor of that city or village shall represent the registrar. 548
If the appeal is conducted in a municipal court, the registrar 549
shall be represented as provided in section 1901.34 of the 550
Revised Code. If the appeal is conducted in a mayor's court, the 551
registrar shall be represented by the city director of law, 552
village solicitor, or other chief legal officer of the municipal 553
corporation that operates that mayor's court. 554
(I)(1) If a person's driver's or commercial driver's 556
license or permit or nonresident operating privilege has been 557
suspended pursuant to division (E) of this section, and the 558
person, within the preceding seven years, has refused three 559
previous requests to consent to a chemical test of the person's 561
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 562
of division (A) or (B) of section 4511.19 of the Revised Code, a 563
municipal ordinance relating to operating a vehicle while under 564
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the influence of alcohol, a drug of abuse, or alcohol and a drug 565
of abuse, a municipal ordinance relating to operating a vehicle 566
with a prohibited concentration of alcohol in the blood, breath, 567
or urine, section 2903.04 of the Revised Code in a case in which 568
the person was subject to the sanctions described in division (D) 569
of that section, or section 2903.06, 2903.07, or 2903.08 of the 570
Revised Code or a municipal ordinance that is substantially 571
similar to section 2903.07 of the Revised Code in a case in which 572
the jury or judge found that the person was under the influence 573
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 574
statute of the United States or of any other state or a municipal 575
ordinance of a municipal corporation located in any other state 576
that is substantially similar to division (A) or (B) of section 577
4511.19 of the Revised Code, the person is not entitled to 578
request, and the court shall not grant to the person, 579
occupational driving privileges under this division. Any other 580
person whose driver's or commercial driver's license or 581
nonresident operating privilege has been suspended pursuant to 582
division (E) of this section may file a petition requesting 583
occupational driving privileges in the common pleas court,
municipal court, county court, mayor's court, or, if the person 584
is a minor, juvenile court with jurisdiction over the related 586
criminal or delinquency case. The petition may be filed at any 587
time subsequent to the date on which the notice of suspension is 588
served upon the arrested person. The person shall pay the costs 589
of the proceeding, notify the registrar of the filing of the 590
petition, and send the registrar a copy of the petition. 591
In the proceedings, the registrar shall be represented by 593
the prosecuting attorney of the county in which the arrest 594
occurred if the petition is filed in the juvenile court, county 595
court, or common pleas court, except that, if the arrest occurred 596
within a city or village within the jurisdiction of the county 598
court in which the petition is filed, the city director of law or 599
village solicitor of that city or village shall represent the 600
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registrar. If the petition is filed in the municipal court, the 601
registrar shall be represented as provided in section 1901.34 of 602
the Revised Code. If the petition is filed in a mayor's court, 603
the registrar shall be represented by the city director of law, 604
village solicitor, or other chief legal officer of the municipal 605
corporation that operates the mayor's court.
The court, if it finds reasonable cause to believe that 607
suspension would seriously affect the person's ability to 608
continue in the person's employment, may grant the person 609
occupational driving privileges during the period of suspension 611
imposed pursuant to division (E) of this section, subject to the 612
limitations contained in this division and division (I)(2) of 613
this section. The court may grant the occupational driving 614
privileges, subject to the limitations contained in this division 615
and division (I)(2) of this section, regardless of whether the 616
person appeals the suspension at the person's initial appearance 618
under division (H)(1) of this section or appeals the decision of 619
the court made pursuant to the appeal conducted at the initial 620
appearance, and, if the person has appealed the suspension or 621
decision, regardless of whether the matter at issue has been 622
heard or decided by the court. The court shall not grant 623
occupational driving privileges to any person who, within seven 624
years of the filing of the petition, has refused three previous 625
requests to consent to a chemical test of the person's blood, 627
breath, or urine to determine its alcohol content or has been 628
convicted of or pleaded guilty to three or more violations of 629
division (A) or (B) of section 4511.19 of the Revised Code, a 630
municipal ordinance relating to operating a vehicle while under 631
the influence of alcohol, a drug of abuse, or alcohol and a drug 632
of abuse, a municipal ordinance relating to operating a vehicle 633
with a prohibited concentration of alcohol in the blood, breath, 634
or urine, section 2903.04 of the Revised Code in a case in which 635
the person was subject to the sanctions described in division (D) 636
of that section, or section 2903.06, 2903.07, or 2903.08 of the 637
17
Revised Code or a municipal ordinance that is substantially 638
similar to section 2903.07 of the Revised Code in a case in which 639
the jury or judge found that the person was under the influence 640
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 641
statute of the United States or of any other state or a municipal 642
ordinance of a municipal corporation located in any other state 643
that is substantially similar to division (A) or (B) of section 644
4511.19 of the Revised Code, and shall not grant occupational 645
driving privileges for employment as a driver of commercial motor 646
vehicles to any person who is disqualified from operating a 647
commercial motor vehicle under section 2301.374 or 4506.16 of the 648
Revised Code.
(2)(a) In granting occupational driving privileges under 650
division (I)(1) of this section, the court may impose any 651
condition it considers reasonable and necessary to limit the use 652
of a vehicle by the person. The court shall deliver to the 653
person a permit card, in a form to be prescribed by the court, 654
setting forth the time, place, and other conditions limiting the 655
defendant's use of a vehicle. The grant of occupational driving 656
privileges shall be conditioned upon the person's having the 657
permit in the person's possession at all times during which the 659
person is operating a vehicle. 660
A person granted occupational driving privileges who 662
operates a vehicle for other than occupational purposes, in 663
violation of any condition imposed by the court, or without 664
having the permit in the person's possession, is guilty of a 665
violation of section 4507.02 of the Revised Code. 667
(b) The court may not grant a person occupational driving 669
privileges under division (I)(1) of this section when prohibited 670
by a limitation contained in that division or during any of the 671
following periods of time: 672
(i) The first thirty days of suspension imposed upon a 674
person who, within five years of the date on which the person 675
refused the request to consent to a chemical test of the person's 677
18
blood, breath, or urine to determine its alcohol content and for 679
which refusal the suspension was imposed, had not refused a 680
previous request to consent to a chemical test of the person's 681
blood, breath, or urine to determine its alcohol content; 683
(ii) The first ninety days of suspension imposed upon a 685
person who, within five years of the date on which the person 686
refused the request to consent to a chemical test of the person's 688
blood, breath, or urine to determine its alcohol content and for 690
which refusal the suspension was imposed, had refused one 691
previous request to consent to a chemical test of the person's 692
blood, breath, or urine to determine its alcohol content; 694
(iii) The first year of suspension imposed upon a person 696
who, within five years of the date on which the person refused 698
the request to consent to a chemical test of the person's blood, 700
breath, or urine to determine its alcohol content and for which 701
refusal the suspension was imposed, had refused two previous 702
requests to consent to a chemical test of the person's blood, 703
breath, or urine to determine its alcohol content; 705
(iv) The first three years of suspension imposed upon a 707
person who, within five years of the date on which the person 708
refused the request to consent to a chemical test of the person's 710
blood, breath, or urine to determine its alcohol content and for 712
which refusal the suspension was imposed, had refused three or 713
more previous requests to consent to a chemical test of the 714
person's blood, breath, or urine to determine its alcohol 716
content.
(3) The court shall give information in writing of any 718
action taken under this section to the registrar. 719
(4) If a person's driver's or commercial driver's license 721
or permit or nonresident operating privilege has been suspended 722
pursuant to division (F) of this section, and the person, within 723
the preceding seven years, has been convicted of or pleaded 724
guilty to three or more violations of division (A) or (B) of 725
section 4511.19 of the Revised Code, a municipal ordinance 726
19
relating to operating a vehicle while under the influence of 727
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 728
municipal ordinance relating to operating a vehicle with a 729
prohibited concentration of alcohol in the blood, breath, or 730
urine, section 2903.04 of the Revised Code in a case in which the 731
person was subject to the sanctions described in division (D) of 732
that section, or section 2903.06, 2903.07, or 2903.08 of the 733
Revised Code or a municipal ordinance that is substantially 734
similar to section 2903.07 of the Revised Code in a case in which 735
the jury or judge found that the person was under the influence 736
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 737
statute of the United States or of any other state or a municipal 738
ordinance of a municipal corporation located in any other state 740
that is substantially similar to division (A) or (B) of section 741
4511.19 of the Revised Code, the person is not entitled to 742
request, and the court shall not grant to the person, 743
occupational driving privileges under this division. Any other 744
person whose driver's or commercial driver's license or 745
nonresident operating privilege has been suspended pursuant to 746
division (F) of this section may file in the court specified in 747
division (I)(1) of this section a petition requesting 748
occupational driving privileges in accordance with section 749
4507.16 of the Revised Code. The petition may be filed at any 750
time subsequent to the date on which the arresting officer serves 751
the notice of suspension upon the arrested person. Upon the 752
making of the request, occupational driving privileges may be
granted in accordance with section 4507.16 of the Revised Code. 753
The court may grant the occupational driving privileges, subject 754
to the limitations contained in section 4507.16 of the Revised 755
Code, regardless of whether the person appeals the suspension at 756
the person's initial appearance under division (H)(1) of this 758
section or appeals the decision of the court made pursuant to the 759
appeal conducted at the initial appearance, and, if the person 760
has appealed the suspension or decision, regardless of whether 761
20
the matter at issue has been heard or decided by the court. 762
(J) When it finally has been determined under the 764
procedures of this section that a nonresident's privilege to 765
operate a vehicle within this state has been suspended, the 766
registrar shall give information in writing of the action taken 767
to the motor vehicle administrator of the state of the person's 768
residence and of any state in which the person has a license. 769
(K) A suspension of the driver's or commercial driver's 771
license or permit of a resident, a suspension of the operating 772
privilege of a nonresident, or a denial of a driver's or 773
commercial driver's license or permit for refusal to submit to a 774
chemical test to determine the alcohol, drug, or alcohol and drug 775
content of the person's blood, breath, or urine pursuant to 776
division (E) OR (F) of this section, shall be terminated by the 778
registrar upon receipt of notice of the person's entering a plea 779
of guilty to, or of the person's conviction after entering a plea 780
of no contest under Criminal Rule 11 to OF, operating a vehicle 781
while under the influence of alcohol, a drug of abuse, or alcohol 782
and a drug of abuse or with a prohibited concentration of alcohol 783
in the blood, breath, or urine, if the offense for which the plea 784
is entered OR THAT RESULTED IN THE CONVICTION arose from the same 785
incident that led to the suspension or denial. 786
The registrar shall credit against any judicial suspension 788
of a person's driver's or commercial driver's license or permit 789
or nonresident operating privilege imposed pursuant to division 790
(B) or (E) of section 4507.16 of the Revised Code any time during 791
which the person serves a related suspension imposed pursuant to 792
division (E) or (F) of this section. 793
(L) At the end of a suspension period under this section, 795
section 4511.196, or division (B) of section 4507.16 of the 796
Revised Code and upon the request of the person whose driver's or 797
commercial driver's license or permit was suspended and who is 798
not otherwise subject to suspension, revocation, or 799
disqualification, the registrar shall return the driver's or 800
21
commercial driver's license or permit to the person upon the 801
occurrence of PERSON'S COMPLIANCE WITH all of the following 803
CONDITIONS SPECIFIED IN DIVISIONS (L)(1) AND (2) OF THIS SECTION: 804
(1) A showing by the person that the person had HAS proof 806
of financial responsibility, a policy of liability insurance in 808
effect that meets the minimum standards set forth in section 809
4509.51 of the Revised Code, or proof, to the satisfaction of the 810
registrar, that the person is able to respond in damages in an 811
amount at least equal to the minimum amounts specified in section 812
4509.51 of the Revised Code. 813
(2) Payment SUBJECT TO THE LIMITATION CONTAINED IN 815
DIVISION (L)(3) OF THIS SECTION, PAYMENT by the person of a 816
license reinstatement fee of two FOUR hundred eighty FIVE dollars 818
to the bureau of motor vehicles, which fee shall be deposited in 821
the state treasury and credited as follows: 822
(a) Seventy-five ONE HUNDRED TWELVE dollars AND FIFTY 824
CENTS shall be credited to the drivers' treatment and 826
intervention fund, which is hereby established. The fund shall 827
be used to pay the costs of driver treatment and intervention 828
programs operated pursuant to sections 3793.02 and 3793.10 of the 829
Revised Code. The director of alcohol and drug addiction 830
services shall determine the share of the fund that is to be 831
allocated to alcohol and drug addiction programs authorized by 832
section 3793.02 of the Revised Code, and the share of the fund
that is to be allocated to drivers' intervention programs 833
authorized by section 3793.10 of the Revised Code. 834
(b) Fifty SEVENTY-FIVE dollars shall be credited to the 836
reparations fund created by section 2743.191 of the Revised Code. 838
(c) Twenty-five THIRTY-SEVEN dollars AND FIFTY CENTS shall 841
be credited to the indigent drivers alcohol treatment fund, which 842
is hereby established. Except as otherwise provided in division 843
(L)(2)(c) of this section, moneys in the fund shall be 844
distributed by the department of alcohol and drug addiction 845
services to the county indigent drivers alcohol treatment funds, 847
22
the county juvenile indigent drivers alcohol treatment funds, and 848
the municipal indigent drivers alcohol treatment funds that are
required to be established by counties and municipal corporations 849
pursuant to division (N) of this section, and shall be used only 850
to pay the cost of an alcohol and drug addiction treatment 851
program attended by an offender or juvenile traffic offender who 852
is ordered to attend an alcohol and drug addiction treatment 853
program by a county, juvenile, or municipal court judge and who 854
is determined by the county, juvenile, or municipal court judge 855
not to have the means to pay for attendance at the program OR TO 856
PAY THE COSTS SPECIFIED IN DIVISION (N)(4) OF THIS SECTION IN 857
ACCORDANCE WITH THAT DIVISION. Moneys in the fund that are not 858
distributed to a county indigent drivers alcohol treatment fund, 859
a county juvenile indigent drivers alcohol treatment fund, or a 860
municipal indigent drivers alcohol treatment fund under division 861
(N) of this section because the director of alcohol and drug 862
addiction services does not have the information necessary to 863
identify the county or municipal corporation where the offender 864
or juvenile offender was arrested may be transferred by the 865
director of budget and management to the drivers' treatment and 866
intervention fund, created in division (L)(2)(a) of this section, 867
upon certification of the amount by the director of alcohol and
drug addiction services. 868
(d) Fifty SEVENTY-FIVE dollars shall be credited to the 870
Ohio rehabilitation services commission established by section 871
3304.12 of the Revised Code, to the services for rehabilitation 872
fund, which is hereby established. The fund shall be used to 873
match available federal matching funds where appropriate, and for 874
any other purpose or program of the commission to rehabilitate 875
people with disabilities to help them become employed and 876
independent.
(e) Fifty SEVENTY-FIVE dollars shall be deposited into the 878
state treasury and credited to the drug abuse resistance 880
education programs fund, which is hereby established, to be used 881
23
by the attorney general for the purposes specified in division 882
(L)(2)(e)(4) of this section. 883
(f) Thirty dollars shall be credited to the state bureau 885
of motor vehicles fund created by section 4501.25 of the Revised 886
Code.
(3) IF A PERSON'S DRIVER'S OR COMMERCIAL DRIVER'S LICENSE 888
OR PERMIT IS SUSPENDED UNDER DIVISION (E) OR (F) OF THIS SECTION, 890
SECTION 4511.196, OR DIVISION (B) OF SECTION 4507.16 OF THE 891
REVISED CODE, OR ANY COMBINATION OF THE SUSPENSIONS DESCRIBED IN 892
DIVISION (L)(3) OF THIS SECTION, AND IF THE SUSPENSIONS ARISE 893
FROM A SINGLE INCIDENT OR A SINGLE SET OF FACTS AND
CIRCUMSTANCES, THE PERSON IS LIABLE FOR PAYMENT OF, AND SHALL BE 894
REQUIRED TO PAY TO THE BUREAU, ONLY ONE REINSTATEMENT FEE OF FOUR 895
HUNDRED FIVE DOLLARS. THE REINSTATEMENT FEE SHALL BE DISTRIBUTED 896
BY THE BUREAU IN ACCORDANCE WITH DIVISION (L)(2) OF THIS SECTION. 897
(4) The attorney general shall use amounts in the drug 899
abuse resistance education programs fund to award grants to law 900
enforcement agencies to establish and implement drug abuse 901
resistance education programs in public schools. Grants awarded 902
to a law enforcement agency under division (L)(2)(e) of this 903
section shall be used by the agency to pay for not more than 904
fifty per cent of the amount of the salaries of law enforcement 905
officers who conduct drug abuse resistance education programs in 906
public schools. The attorney general shall not use more than six 907
per cent of the amounts the attorney general's office receives 909
under division (L)(2)(e) of this section to pay the costs it 910
incurs in administering the grant program established by division 911
(L)(2)(e) of this section and in providing training and materials 912
relating to drug abuse resistance education programs. 913
The attorney general shall report to the governor and the 915
general assembly each fiscal year on the progress made in 916
establishing and implementing drug abuse resistance education 917
programs. These reports shall include an evaluation of the 918
effectiveness of these programs. 919
24
(M) Suspension of a commercial driver's license under 921
division (E) or (F) of this section shall be concurrent with any 922
period of disqualification under section 2301.374 or 4506.16 of 923
the Revised Code. No person who is disqualified for life from 924
holding a commercial driver's license under section 4506.16 of 925
the Revised Code shall be issued a driver's license under Chapter 926
4507. of the Revised Code during the period for which the 927
commercial driver's license was suspended under division (E) or 928
(F) of this section, and no person whose commercial driver's 929
license is suspended under division (E) or (F) of this section 930
shall be issued a driver's license under that chapter during the 931
period of the suspension. 932
(N)(1) Each county shall establish an indigent drivers 934
alcohol treatment fund, each county shall establish a juvenile 935
indigent drivers alcohol treatment fund, and each municipal 936
corporation in which there is a municipal court shall establish 937
an indigent drivers alcohol treatment fund. All revenue that the 938
general assembly appropriates to the indigent drivers alcohol 939
treatment fund for transfer to a county indigent drivers alcohol 940
treatment fund, a county juvenile indigent drivers alcohol 941
treatment fund, or a municipal indigent drivers alcohol treatment 942
fund, all portions of fees that are paid under division (L) of 943
this section and that are credited under that division to the 944
indigent drivers alcohol treatment fund in the state treasury for 945
a county indigent drivers alcohol treatment fund, a county 946
juvenile indigent drivers alcohol treatment fund, or a municipal 947
indigent drivers alcohol treatment fund, and all portions of 948
fines that are specified for deposit into a county or municipal 949
indigent drivers alcohol treatment fund by section 4511.193 of 950
the Revised Code shall be deposited into that county indigent 951
drivers alcohol treatment fund, county juvenile indigent drivers 952
alcohol treatment fund, or municipal indigent drivers alcohol 953
treatment fund in accordance with division (N)(2) of this 954
section. Additionally, all portions of fines that are paid for a 955
25
violation of section 4511.19 of the Revised Code or division 956
(B)(2) of section 4507.02 of the Revised Code, and that are 957
required under division (A)(1) or (2) of section 4511.99 or 958
division (B)(5) of section 4507.99 of the Revised Code to be 959
deposited into a county indigent drivers alcohol treatment fund 960
or municipal indigent drivers alcohol treatment fund shall be 961
deposited into the appropriate fund in accordance with the 962
applicable division. 963
(2) That portion of the license reinstatement fee that is 965
paid under division (L) of this section and that is credited 966
under that division to the indigent drivers alcohol treatment 967
fund shall be deposited into a county indigent drivers alcohol 968
treatment fund, a county juvenile indigent drivers alcohol 969
treatment fund, or a municipal indigent drivers alcohol treatment 970
fund as follows: 971
(a) If the suspension in question was imposed under this 973
section, that portion of the fee shall be deposited as follows: 974
(i) If the fee is paid by a person who was charged in a 976
county court with the violation that resulted in the suspension, 977
the portion shall be deposited into the county indigent drivers 978
alcohol treatment fund under the control of that court; 979
(ii) If the fee is paid by a person who was charged in a 981
juvenile court with the violation that resulted in the 982
suspension, the portion shall be deposited into the county 983
juvenile indigent drivers alcohol treatment fund established in 984
the county served by the court; 985
(iii) If the fee is paid by a person who was charged in a 987
municipal court with the violation that resulted in the 988
suspension, the portion shall be deposited into the municipal 989
indigent drivers alcohol treatment fund under the control of that 990
court. 991
(b) If the suspension in question was imposed under 993
division (B) of section 4507.16 of the Revised Code, that portion 994
of the fee shall be deposited as follows: 995
26
(i) If the fee is paid by a person whose license or permit 997
was suspended by a county court, the portion shall be deposited 998
into the county indigent drivers alcohol treatment fund under the 999
control of that court; 1,000
(ii) If the fee is paid by a person whose license or 1,002
permit was suspended by a municipal court, the portion shall be 1,003
deposited into the municipal indigent drivers alcohol treatment 1,004
fund under the control of that court. 1,005
(3) Expenditures from a county indigent drivers alcohol 1,007
treatment fund, a county juvenile indigent drivers alcohol 1,008
treatment fund, or a municipal indigent drivers alcohol treatment 1,009
fund shall be made only upon the order of a county, juvenile, or 1,010
municipal court judge and only for payment of the cost of the 1,011
attendance at an alcohol and drug addiction treatment program of 1,012
a person who is convicted of, or found to be a juvenile traffic 1,013
offender by reason of, a violation of division (A) of section 1,014
4511.19 of the Revised Code or a substantially similar municipal 1,015
ordinance, who is ordered by the court to attend the alcohol and 1,016
drug addiction treatment program, and who is determined by the 1,017
court to be unable to pay the cost of attendance at the treatment 1,019
program OR FOR PAYMENT OF THE COSTS SPECIFIED IN DIVISION (N)(4) 1,020
OF THIS SECTION IN ACCORDANCE WITH THAT DIVISION. The ALCOHOL 1,021
AND DRUG ADDICTION SERVICES BOARD OR THE board of alcohol, drug
addiction, and mental health services established pursuant to 1,023
section 340.02 OR 340.021 of the Revised Code AND serving the 1,025
alcohol, drug addiction, and mental health service district in 1,026
which the court is located shall administer the indigent drivers 1,027
alcohol treatment program of the court. When a court orders an 1,028
offender or juvenile traffic offender to attend an alcohol and 1,029
drug addiction treatment program, the board shall determine which 1,030
program is suitable to meet the needs of the offender or juvenile 1,031
traffic offender, and when a suitable program is located and 1,032
space is available at the program, the offender or juvenile 1,033
traffic offender shall attend the program designated by the 1,034
27
board. A reasonable amount not to exceed five per cent of the 1,035
amounts credited to and deposited into the county indigent 1,036
drivers alcohol treatment fund, the county juvenile indigent 1,037
drivers alcohol treatment fund, or the municipal indigent drivers 1,038
alcohol treatment fund serving every court whose program is 1,039
administered by that board shall be paid to the board to cover 1,040
the costs it incurs in administering those indigent drivers 1,041
alcohol treatment programs.
(4) IF A COUNTY, JUVENILE, OR MUNICIPAL COURT DETERMINES, 1,043
IN CONSULTATION WITH THE ALCOHOL AND DRUG ADDICTION SERVICES 1,044
BOARD OR THE BOARD OF ALCOHOL, DRUG ADDICTION, AND MENTAL HEALTH 1,045
SERVICES ESTABLISHED PURSUANT TO SECTION 340.02 OR 340.021 OF THE 1,046
REVISED CODE AND SERVING THE ALCOHOL, DRUG ADDICTION, AND MENTAL 1,047
HEALTH DISTRICT IN WHICH THE COURT IS LOCATED, THAT THE FUNDS IN 1,048
THE COUNTY INDIGENT DRIVERS ALCOHOL TREATMENT FUND, THE COUNTY
JUVENILE INDIGENT DRIVERS ALCOHOL TREATMENT FUND, OR THE 1,049
MUNICIPAL INDIGENT DRIVERS ALCOHOL TREATMENT FUND UNDER THE 1,050
CONTROL OF THE COURT ARE MORE THAN SUFFICIENT TO SATISFY THE 1,051
PURPOSE FOR WHICH THE FUND WAS ESTABLISHED, AS SPECIFIED IN 1,052
DIVISIONS (N)(1) TO (3) OF THIS SECTION, THE COURT MAY DECLARE A 1,053
SURPLUS IN THE FUND. IF THE COURT DECLARES A SURPLUS IN THE 1,054
FUND, THE COURT MAY EXPEND THE AMOUNT OF THE SURPLUS IN THE FUND
FOR ALCOHOL AND DRUG ABUSE ASSESSMENT AND TREATMENT OF PERSONS 1,055
WHO ARE CHARGED IN THE COURT WITH COMMITTING A CRIMINAL OFFENSE 1,056
OR WITH BEING A DELINQUENT CHILD OR JUVENILE TRAFFIC OFFENDER AND 1,057
IN RELATION TO WHOM BOTH OF THE FOLLOWING APPLY: 1,058
(a) THE COURT DETERMINES THAT SUBSTANCE ABUSE WAS A 1,060
CONTRIBUTING FACTOR LEADING TO THE CRIMINAL OR DELINQUENT 1,061
ACTIVITY OR THE JUVENILE TRAFFIC OFFENSE WITH WHICH THE PERSON IS 1,062
CHARGED.
(b) THE COURT DETERMINES THAT THE PERSON IS UNABLE TO PAY 1,065
THE COST OF THE ALCOHOL AND DRUG ABUSE ASSESSMENT AND TREATMENT
FOR WHICH THE SURPLUS MONEY WILL BE USED. 1,066
Section 2. That existing section 4511.191 of the Revised 1,068
28
Code is hereby repealed. 1,069
Section 3. Section 4511.191 of the Revised Code is 1,071
presented in this act as a composite of the section as amended by 1,072
both Sub. S.B. 85 and Am. Sub. S.B. 60 of the 122nd General 1,073
Assembly, with the new language of neither of the acts shown in 1,074
capital letters. This is in recognition of the principle stated
in division (B) of section 1.52 of the Revised Code that such 1,076
amendments are to be harmonized where not substantively
irreconcilable and constitutes a legislative finding that such is 1,077
the resulting version in effect prior to the effective date of 1,078
this act.