As Passed by the House 1
122nd General Assembly 4
Regular Session Am. Sub. S. B. No. 85 5
1997-1998 6
SENATORS OELSLAGER-SCHAFRATH-KEARNS-WATTS-CUPP-CARNES-LATTA- 8
GARDNER-GAETH-REPRESENTATIVES JOHNSON-CATES-OPFER-THOMPSON- 9
VERICH-METELSKY-O'BRIEN-MALLORY-LEWIS-GARCIA-REID 10
12
A B I L L
To amend sections 505.88, 2935.27, 2937.221, 14
4301.62, 4507.168, 4511.191, 4511.762, and 15
5515.07 and to enact sections 4503.39 and 16
5501.451 of the Revised Code to correct an 17
inadvertent omission from Am. Sub. H.B. 210 of
the 122nd General Assembly, as it was reported by 18
the Senate Highways & Transportation Committee, 19
of certain amendments adopted by the Committee 20
but not included in the bill when it was
assembled for the Committee report, including a 21
requirement for the district deputy directors of 22
the Department of Transportation to maintain a 23
coffee break program, an exception to the
prohibition against possession of an open 24
container granted to an F liquor permit holder 25
during an outdoor music festival, a requirement
for the Department to continue a program to lease 26
unneeded state property for billboards, and 28
allowing a church bus to be painted yellow if it 29
previously was registered as a school bus and 30
meets other requirements; to extend the time
period available for a board of township trustees 31
to levy a special assessment to recover the cost 32
of the maintenance and improvement of waterways
from three years to ten years; to require the 34
Registrar of Motor Vehicles to adopt procedures 35
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to implement the blocking of registration for 36
vehicle lessees with outstanding traffic fines;
to provide that with regard to certain license 38
suspensions, the look-back period for convictions
for operating a motor vehicle under the influence 39
is six years; and to declare an emergency. 40
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 42
Section 1. That sections 505.88, 2935.27, 2937.221, 44
4301.62, 4507.168, 4511.191, 4511.762, and 5515.07 be amended and 46
sections 4503.39 and 5501.451 of the Revised Code be enacted to 47
read as follows:
Sec. 505.88. (A) As used in this section: 56
(1) "Facilities" means boat docks and other boat storage 58
facilities but does not include boat launching ramps or 59
facilities or any boat docks or other boat storage facilities 60
owned by the state or any state agency. 61
(2) "State agency" has the same meaning as in section 1.60 63
of the Revised Code. 64
(B) For the purpose of maintaining and improving navigable 66
waterways in the township, the board of township trustees, by 67
resolution, may annually levy a special assessment upon 68
facilities directly or indirectly benefiting from the maintenance 69
and improvement of waterways. Assessments shall be levied by one 70
of the following methods, at the discretion of the board: 71
(1) By a percentage of the taxable value of the property 73
assessed; 74
(2) In proportion to the benefits that may result from 76
maintenance or improvement of waterways in the township. 77
In levying an assessment by the method described in 79
division (B)(2) of this section, the board may consider the 80
number of boats or other watercraft capable of being docked or 81
stored or otherwise capable of using the facility upon which the 82
assessment is levied, or any other factor that is reasonably 83
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related to the benefits directly or indirectly derived from 84
maintenance or improvement of waterways. 85
Before adopting a resolution under division (B) of this 87
section, the board shall send written notice to the owner of each 88
facility stating the estimated assessment for that facility. If 89
the owner objects to the stated estimated assessment, he THE 90
OWNER shall file a written objection with the board not later 91
than two weeks after the notice was mailed. The board shall 93
review the written objections and may revise the estimated 94
assessments before adopting a resolution under division (B) of 95
this section. If the owner of a facility objects to the final 96
assessment for the facility levied in a resolution adopted under 97
division (B) of this section, the owner may appeal the final 98
assessment under Chapter 2506. of the Revised Code. 99
(C) The assessment made by the board pursuant to division 101
(B) of this section shall be at a rate that will produce, in any 102
year, a total assessment that is not more than the annual cost of 103
such maintenance or improvement provided that if the board 104
determines that recovery of the full cost of the maintenance or 105
improvement in one year will place an undue burden on the owners 106
of the facilities being assessed, the board may recover the full 107
cost of the maintenance or improvement through assessments 108
imposed during no more than the three TEN years immediately 109
following the year of the first assessment. In no case shall the 111
aggregate total of the assessments imposed exceed the cost of the 112
maintenance or improvement. In the resolution imposing the 113
assessment, the board shall apportion the cost among the 114
benefited facilities as provided in division (B) of this section. 115
The board shall certify the amounts to be levied upon each 116
facility to the county auditor, who shall enter the amounts on 117
the tax duplicate for collection by the county treasurer in equal 118
semiannual installments in the same manner and at the same times 119
as the collection of taxes on real property. Assessments shall 120
be paid by owners of the facilities upon which assessments are 121
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levied. 122
(D) The assessments, when collected, shall be paid by the 124
county auditor by warrant on the county treasurer into a special 125
fund in the township treasury created for the purpose of 126
maintaining and improving waterways. The board may expend moneys 127
from the fund only for the purposes for which the assessments 128
were levied. 129
Sec. 2935.27. (A)(1) If a law enforcement officer issues 140
a citation to a person pursuant to section 2935.26 of the Revised 141
Code and if the minor misdemeanor offense for which the citation 142
is issued is an act prohibited by Chapter 4511., 4513., or 4549. 143
of the Revised Code or an act prohibited by any municipal 144
ordinance that is substantially similar to any section contained 145
in Chapter 4511., 4513., or 4549. of the Revised Code, the 146
officer shall inform the person, if the person has a current 147
valid Ohio driver's or commercial driver's license, of the 149
possible consequences of the person's actions as required under 150
division (E) of this section, and also shall inform the person 152
that the person is required either to appear at the time and 154
place stated in the citation or to comply with division (C) of 155
section 2935.26 of the Revised Code. 156
(2) If the person is an Ohio resident who does not have a 158
current valid Ohio driver's or commercial driver's license or if 160
the person is a resident of a state that is not a member of the 161
nonresident violator compact, of which this state is a member 162
pursuant to section 4511.95 of the Revised Code, the officer
shall bring the person before the court with which the citation 164
is required to be filed for the setting of a reasonable security 165
by the court pursuant to division (F) of this section. 166
(B) A person who appears before a court to have security 168
set under division (A)(2) of this section shall be given a 169
receipt or other evidence of the deposit of the security by the 170
court. 171
(C) Upon compliance with division (C) of section 2935.26 173
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of the Revised Code by a person who was issued a citation, the 174
clerk of the court shall notify the court. The court shall 175
immediately return any sum of money, license, or other security 176
deposited in relation to the citation to the person, or to any 177
other person who deposited the security. 178
(D) If a person who has a current valid Ohio driver's or 180
commercial driver's license and who was issued a citation fails 181
to appear at the time and place specified on the citation, fails 183
to comply with division (C) of section 2935.26 of the Revised 184
Code, or fails to comply with or satisfy any judgment of the 185
court within the time allowed by the court, the court shall
declare the forfeiture of the person's license. Thirty days 186
after the declaration of forfeiture, the court shall enter 187
information relative to the forfeiture on a form approved and 188
furnished by the registrar of motor vehicles, and forward the 189
form to the registrar. The registrar shall suspend the person's 190
driver's or commercial driver's license, send written 191
notification of the suspension to the person at the person's last 193
known address, and order the person to surrender the person's 194
driver's or commercial driver's license to the registrar within 196
forty-eight hours. No valid driver's or commercial driver's 197
license shall be granted to the person until the court having 199
jurisdiction of the offense that led to the suspension orders 200
that the forfeiture be terminated. The court shall so order if 201
the person, after having failed to appear in court at the 203
required time and place to answer the charge or after having 204
pleaded guilty to or been found guilty of the violation and 205
having failed within the time allowed by the court to pay the 206
fine imposed by the court, thereafter appears to answer the 207
charge and pays any fine imposed by the court or pays the fine 208
originally imposed by the court. The court shall inform the
registrar of the termination of the forfeiture by entering 209
information relative to the termination on a form approved and 210
furnished by the registrar and sending the form to the registrar. 211
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The court also shall charge and collect from the person a 212
fifteen-dollar processing fee to cover the costs of the bureau of 213
motor vehicles in administering this section. The clerk of the 214
court shall transmit monthly all such processing fees to the 215
registrar for deposit into the state bureau of motor vehicles 216
fund created by section 4501.25 of the Revised Code. 217
In addition, upon receipt of the copy of the declaration of 220
forfeiture from the court, neither the registrar nor any deputy 221
registrar shall accept any application for the registration or 222
transfer of registration of any motor vehicle owned or leased by 223
the person named in the declaration of forfeiture until the court 224
having jurisdiction of the offense that led to the forfeiture 225
orders that the forfeiture be terminated. HOWEVER, FOR A MOTOR 226
VEHICLE LEASED BY A PERSON NAMED IN A DECLARATION OF FORFEITURE, 227
THE REGISTRAR SHALL NOT IMPLEMENT THE PRECEDING SENTENCE UNTIL
THE REGISTRAR ADOPTS PROCEDURES FOR THAT IMPLEMENTATION UNDER 228
SECTION 4503.39 OF THE REVISED CODE. Upon receipt by the 230
registrar of an order terminating the forfeiture, the registrar
shall take such measures as may be necessary to permit the person 232
to register a motor vehicle owned or leased by the person or to 233
transfer the registration of such a motor vehicle, if the person 234
later makes application to take such action and the person 235
otherwise is eligible to register the motor vehicle or to 236
transfer the registration of it.
The registrar is not required to give effect to any 238
declaration of forfeiture or order terminating a forfeiture 239
unless the order is transmitted to the registrar by means of an 240
electronic transfer system.
If the person who was issued the citation fails to appear 242
at the time and place specified on the citation and fails to 243
comply with division (C) of section 2935.26 of the Revised Code 244
and the person has deposited a sum of money or other security in 245
relation to the citation under division (A)(2) of this section, 246
the deposit immediately shall be forfeited to the court. 247
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This section does not preclude further action as authorized 249
by division (F) of section 2935.26 of the Revised Code. 250
(E) A law enforcement officer who issues a person a minor 252
misdemeanor citation for an act prohibited by Chapter 4511., 253
4513., or 4549. of the Revised Code or an act prohibited by a 254
municipal ordinance that is substantially similar to any section 255
contained in Chapter 4511., 4513., or 4549. of the Revised Code 256
shall inform the person that if the person does not appear at the 258
time and place stated on the citation or does not comply with 259
division (C) of section 2935.26 of the Revised Code, the person's 260
driver's or commercial driver's license will be suspended, the 261
person will not be eligible for the reissuance of the license or 262
the issuance of a new license or the issuance of a certificate of 264
registration for a motor vehicle owned or leased by the person, 265
until the person appears and complies with all orders of the
court. The person also is subject to any applicable criminal 266
penalties.
(F) A court setting security under division (A)(2) of this 268
section shall do so in conformity with sections 2937.22 and 269
2937.23 of the Revised Code and the Rules of Criminal Procedure. 270
Sec. 2937.221. (A) A person arrested without warrant for 281
any violation listed in division (B) of this section, and having 282
a current valid Ohio driver's or commercial driver's license, if 283
the person has been notified of the possible consequences of the 286
person's actions as required by division (C) of this section, may 287
post bond by depositing the license with the arresting officer if 288
the officer and person so choose, or with the local court having 289
jurisdiction if the court and person so choose. The license may 290
be used as bond only during the period for which it is valid. 291
When an arresting officer accepts the driver's or 293
commercial driver's license as bond, the officer shall note the 295
date, time, and place of the court appearance on "the violator's 296
notice to appear" and the notice shall serve as a valid Ohio 297
driver's or commercial driver's license until the date and time 298
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appearing thereon. The arresting officer immediately shall 299
forward the license to the appropriate court. 301
When a local court accepts the license as bond or continues 303
the case to another date and time, it shall provide the person 304
with a card in a form approved by the registrar of motor vehicles 305
setting forth the license number, name, address, the date and 306
time of the court appearance, and a statement that the license is 307
being held as bond. The card shall serve as a valid license 308
until the date and time contained in the card. 309
The court may accept other bond at any time and return the 311
license to the person. The court shall return the license to the 312
person when judgment is satisfied, including, but not limited to, 313
compliance with any court orders, unless a suspension or 314
revocation is part of the penalty imposed. 315
Neither "the violator's notice to appear" nor a court 317
granted card shall continue driving privileges beyond the 318
expiration date of the license. 319
If the person arrested fails to appear in court at the date 321
and time set by the court or fails to satisfy the judgment of the 322
court, including, but not limited to, compliance with all court 323
orders within the time allowed by the court, the court may 324
declare the forfeiture of the person's license. Thirty days 325
after the declaration of forfeiture, the court shall forward the 326
person's license to the registrar. The court also shall enter 327
information relative to the forfeiture on a form approved and 328
furnished by the registrar and send the form to the registrar, 330
who shall suspend the license and send written notification of 331
the suspension to the person at the person's last known address. 333
No valid driver's or commercial driver's license shall be granted 334
to the person until the court having jurisdiction orders that the 336
forfeiture be terminated. The court shall inform the registrar 337
of the termination of the forfeiture by entering information 338
relative to the termination on a form approved and furnished by 339
the registrar and sending the form to the registrar. The court 340
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also shall charge and collect from the person a processing fee of 341
fifteen dollars to cover the costs of the bureau of motor 342
vehicles in administering this section. The clerk of the court 343
shall transmit monthly all such processing fees to the registrar 344
for deposit into the state bureau of motor vehicles fund created 345
by section 4501.25 of the Revised Code. 346
In addition, upon receipt from the court of the copy of the 349
declaration of forfeiture, neither the registrar nor any deputy 350
registrar shall accept any application for the registration or 351
transfer of registration of any motor vehicle owned by or leased 352
in the name of the person named in the declaration of forfeiture 353
until the court having jurisdiction over the offense that led to 354
the suspension issues an order terminating the forfeiture. 355
HOWEVER, FOR A MOTOR VEHICLE LEASED IN THE NAME OF A PERSON NAMED 356
IN A DECLARATION OF FORFEITURE, THE REGISTRAR SHALL NOT IMPLEMENT 357
THE PRECEDING SENTENCE UNTIL THE REGISTRAR ADOPTS PROCEDURES FOR
THAT IMPLEMENTATION UNDER SECTION 4503.39 OF THE REVISED CODE. 358
Upon receipt by the registrar of such an order, the registrar 360
also shall take such measures as may be necessary to permit the 361
person to register a motor vehicle the person owns or leases or 362
to transfer the registration of such a vehicle if the person 363
later makes a proper application and otherwise is eligible to be 364
issued or to transfer a motor vehicle registration. 365
(B) Division (A) of this section applies to persons 367
arrested for violation of: 368
(1) Any of the provisions of Chapter 4511. or 4513. of the 370
Revised Code, except sections 4511.19, 4511.20, 4511.251, and 371
4513.36 of the Revised Code; 372
(2) Any municipal ordinance substantially similar to a 374
section included in division (B)(1) of this section; 375
(3) Any bylaw, rule, or regulation of the Ohio turnpike 377
commission substantially similar to a section included in 378
division (B)(1) of this section. 379
Division (A) of this section does not apply to those 381
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persons issued a citation for the commission of a minor 382
misdemeanor under section 2935.26 of the Revised Code. 383
(C) No license shall be accepted as bond by an arresting 385
officer or by a court under this section until the officer or 386
court has notified the person that, if the person deposits the 387
license with the officer or court and either does not appear on 388
the date and at the time set by the officer or the court, if the 389
court sets a time, or does not satisfy any judgment rendered, 390
including, but not limited to, compliance with all court orders, 391
the license will be suspended, and the person will not be 393
eligible for reissuance of the license or issuance of a new 394
license, or the issuance of a certificate of registration for a 395
motor vehicle owned or leased by the person until the person 396
appears and complies with any order issued by the court. The 398
person also is subject to any criminal penalties that may apply
to the person. 399
Sec. 4301.62. (A) As used in this section: 409
(1) "Chauffered CHAUFFEURED limousine" means a vehicle 411
registered under section 4503.24 of the Revised Code. 412
(2) "Street," "highway," and "motor vehicle" have the same 414
meanings as in section 4511.01 of the Revised Code. 415
(B) No person shall have in his THE PERSON'S possession an 417
opened container of beer or intoxicating liquor in any of the 418
following circumstances: 419
(1) In a state liquor store; 421
(2) On EXCEPT AS PROVIDED IN DIVISION (C) OF THIS SECTION, 423
ON the premises of the holder of any permit issued by the 425
division of liquor control;
(3) In any other public place; 427
(4) Except as provided in division (D) of this section, 429
while operating or being a passenger in or on a motor vehicle on 431
any street, highway, or other public or private property open to 432
the public for purposes of vehicular travel or parking; 433
(5) Except as provided in division (D) of this section, 435
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while being in or on a stationary motor vehicle on any street, 436
highway, or other public or private property open to the public 437
for purposes of vehicular travel or parking.
(C) This section does not apply to A PERSON MAY HAVE IN 439
THE PERSON'S POSSESSION AN OPENED CONTAINER OF beer or 440
intoxicating liquor which THAT has been lawfully purchased for 441
consumption on the premises where bought of a holder of an A-1-A, 442
A-2, D-1, D-2, D-3, D-3a, D-4, D-4a, D-5, D-5a, D-5b, D-5c, D-5d, 443
D-5e, D-5f, D-5g, D-5h, D-5i, D-7, E, F, or F-2 permit, or to 444
beer or intoxicating liquor consumed on the premises of a 445
convention facility as provided in section 4303.201 of the 446
Revised Code.
A PERSON MAY HAVE IN THE PERSON'S POSSESSION ON AN F LIQUOR 449
PERMIT PREMISES AN OPENED CONTAINER OF BEER OR INTOXICATING 450
LIQUOR THAT WAS NOT PURCHASED FROM THE HOLDER OF THE F PERMIT IF 452
THE PREMISES FOR WHICH THE F PERMIT IS ISSUED IS A MUSIC FESTIVAL 454
AND THE HOLDER OF THE F PERMIT GRANTS PERMISSION FOR SUCH 456
POSSESSION ON THE PREMISES DURING THE PERIOD FOR WHICH THE F 457
PERMIT IS ISSUED. AS USED IN THIS DIVISION, "MUSIC FESTIVAL" 458
MEANS A SERIES OF OUTDOOR LIVE MUSICAL PERFORMANCES, EXTENDING 459
FOR A PERIOD OF AT LEAST THREE CONSECUTIVE DAYS AND LOCATED ON AN 460
AREA OF LAND OF AT LEAST FORTY ACRES. 461
(D) This section does not apply to a person who pays all 463
or a portion of the fee imposed for the use of a chauffeured 465
limousine pursuant to a prearranged contract, or the guest of
such a person, when all of the following apply: 466
(1) The person or guest is a passenger in the limousine; 468
(2) The person or guest is located in the limousine, but is 470
not occupying a seat in the front compartment of the limousine 471
where the operator of the limousine is located; 472
(3) The limousine is located on any street, highway, or 474
other public or private property open to the public for purposes 475
of vehicular travel or parking. 476
Sec. 4503.39. WITH REGARD TO A MOTOR VEHICLE LEASED BY OR 478
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IN THE NAME OF A PERSON NAMED IN A DECLARATION OF FORFEITURE, THE 479
REGISTRAR OF MOTOR VEHICLES SHALL ADOPT PROCEDURES AS INDICATED 480
IN DIVISION (D) OF SECTION 2935.27, DIVISION (A) OF SECTION 482
2937.221, AND DIVISION (B) OF SECTION 4507.168 OF THE REVISED 484
CODE. THE PROCEDURES SHALL PRESCRIBE THE INFORMATION AND 485
METHODOLOGY NECESSARY TO IMPLEMENT THOSE DIVISIONS.
Sec. 4507.168. (A) If a person who has a current valid 495
Ohio driver's or commercial driver's license is charged with a 496
violation of any provision in sections 4511.01 to 4511.76, 497
section 4511.84, any provision in sections 4513.01 to 4513.65, or 499
any provision in sections 4549.01 to 4549.65 of the Revised Code
that is classified as a misdemeanor of the first, second, third, 500
or fourth degree or with a violation of any municipal ordinance 501
that is substantially comparable to any provision of any of these 503
sections and if the person either fails to appear in court at the 504
required time and place to answer the charge or pleads guilty to 505
or is found guilty of the violation and fails within the time 506
allowed by the court to pay the fine imposed by the court, the 507
court shall declare the forfeiture of the person's license. 508
Thirty days after the declaration of forfeiture, the court shall 509
inform the registrar of motor vehicles of the forfeiture by 510
entering information relative to the forfeiture on a form 511
approved and furnished by the registrar and sending the form to 512
the registrar. The court also shall forward the person's 513
license, if it is in the possession of the court, to the 514
registrar. The registrar shall suspend the person's driver's or 516
commercial driver's license, send written notification to the 517
person of the suspension at the person's last known address, and, 519
if the person is in possession of the license, order the person 520
to surrender the person's driver's or commercial driver's license 521
to the registrar within forty-eight hours. No valid driver's or 522
commercial driver's license shall be granted to the person after 523
the suspension, unless the court having jurisdiction of the 525
offense that led to the suspension orders that the forfeiture be 526
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terminated. The court shall so order if the person, after having 527
failed to appear in court at the required time and place to 528
answer the charge or after having pleaded guilty to or been found 529
guilty of the violation and having failed within the time allowed 530
by the court to pay the fine imposed by the court, thereafter 531
appears to answer the charge and pays any fine imposed by the 532
court or pays the fine originally imposed by the court. The
court shall inform the registrar of the termination of the 533
forfeiture by entering information relative to the termination on 534
a form approved and furnished by the registrar and sending the 535
form to the registrar. The court also shall charge and collect 536
from the person a fifteen-dollar processing fee to cover the 537
costs of the bureau of motor vehicles in administering this
section. The clerk of the court shall transmit monthly all such 538
processing fees to the registrar for deposit into the state 539
bureau of motor vehicles fund created by section 4501.25 of the 541
Revised Code.
(B) In addition to suspending the driver's or commercial 543
driver's license of the person named in a declaration of 544
forfeiture, the registrar, upon receipt from the court of the 545
copy of the declaration of forfeiture, shall take any measures 546
that may be necessary to ensure that neither the registrar nor 547
any deputy registrar accepts any application for the registration
or transfer of registration of any motor vehicle owned or leased 548
by the person named in the declaration of forfeiture. HOWEVER, 550
FOR A MOTOR VEHICLE LEASED BY A PERSON NAMED IN A DECLARATION OF
FORFEITURE, THE REGISTRAR SHALL NOT IMPLEMENT THE PRECEDING 551
SENTENCE UNTIL THE REGISTRAR ADOPTS PROCEDURES FOR THAT 552
IMPLEMENTATION UNDER SECTION 4503.39 OF THE REVISED CODE. The 553
period of denial of registration or transfer shall continue until 554
such time as the court having jurisdiction of the offense that 555
led to the suspension of the person's driver's or commercial
driver's license orders the forfeiture be terminated. Upon 557
receipt by the registrar of an order terminating the forfeiture, 558
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the registrar also shall take any measures that may be necessary 559
to permit the person to register a motor vehicle owned or leased 560
by the person or to transfer the registration of such a motor 561
vehicle, if the person later makes application to take such 562
action and otherwise is eligible to register the motor vehicle or 563
to transfer its registration.
The registrar shall not be required to give effect to any 565
declaration of forfeiture or order terminating a forfeiture 566
provided by a court under this section unless the information 567
contained in the declaration or order is transmitted to the 568
registrar by means of an electronic transfer system.
(C) The period of license suspension imposed pursuant to 570
division (A) of this section is independent of any other period 571
of license suspension that the court having jurisdiction over the 572
offense may impose, and the period of license suspension imposed 573
pursuant to that division and the period of denial relating to 574
the issuance or transfer of a certificate of registration for a 575
motor vehicle imposed pursuant to division (B) of this section 576
remains in effect until the person pays any fine imposed by the 577
court relative to the offense.
Sec. 4511.191. (A) Any person who operates a vehicle upon 586
a highway or any public or private property used by the public 587
for vehicular travel or parking within this state shall be deemed 588
to have given consent to a chemical test or tests of the person's 590
blood, breath, or urine for the purpose of determining the 591
alcohol, drug, or alcohol and drug content of the person's blood, 592
breath, or urine if arrested for operating a vehicle while under 594
the influence of alcohol, a drug of abuse, or alcohol and a drug 595
of abuse or for operating a vehicle with a prohibited 596
concentration of alcohol in the blood, breath, or urine. The 597
chemical test or tests shall be administered at the request of a 598
police officer having reasonable grounds to believe the person to 599
have been operating a vehicle upon a highway or any public or 600
private property used by the public for vehicular travel or 601
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parking in this state while under the influence of alcohol, a 602
drug of abuse, or alcohol and a drug of abuse or with a 603
prohibited concentration of alcohol in the blood, breath, or 604
urine. The law enforcement agency by which the officer is 605
employed shall designate which of the tests shall be
administered. 606
(B) Any person who is dead or unconscious, or who is 608
otherwise in a condition rendering the person incapable of 609
refusal, shall be deemed not to have withdrawn consent as 611
provided by division (A) of this section and the test or tests 612
may be administered, subject to sections 313.12 to 313.16 of the 613
Revised Code. 614
(C)(1) Any person under arrest for operating a vehicle 616
while under the influence of alcohol, a drug of abuse, or alcohol 617
and a drug of abuse or for operating a vehicle with a prohibited 618
concentration of alcohol in the blood, breath, or urine shall be 619
advised at a police station, or at a hospital, first-aid station, 620
or clinic to which the person has been taken for first-aid or 621
medical treatment, of both of the following: 622
(a) The consequences, as specified in division (E) of this 624
section, of the person's refusal to submit upon request to a 625
chemical test designated by the law enforcement agency as 627
provided in division (A) of this section; 628
(b) The consequences, as specified in division (F) of this 630
section, of the person's submission to the designated chemical 632
test if the person is found to have a prohibited concentration of 633
alcohol in the blood, breath, or urine. 634
(2)(a) The advice given pursuant to division (C)(1) of 636
this section shall be in a written form containing the 637
information described in division (C)(2)(b) of this section and 638
shall be read to the person. The form shall contain a statement 639
that the form was shown to the person under arrest and read to 640
the person in the presence of the arresting officer and either 642
another police officer, a civilian police employee, or an 643
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employee of a hospital, first-aid station, or clinic, if any, to 644
which the person has been taken for first-aid or medical 645
treatment. The witnesses shall certify to this fact by signing 646
the form.
(b) The form required by division (C)(2)(a) of this 648
section shall read as follows: 649
"You now are under arrest for operating a vehicle while 651
under the influence of alcohol, a drug of abuse, or both alcohol 652
and a drug of abuse and will be requested by a police officer to 653
submit to a chemical test to determine the concentration of 654
alcohol, drugs of abuse, or alcohol and drugs of abuse in your 655
blood, breath, or urine. 656
If you refuse to submit to the requested test or if you 658
submit to the requested test and are found to have a prohibited 659
concentration of alcohol in your blood, breath, or urine, your 660
driver's or commercial driver's license or permit or nonresident 661
operating privilege immediately will be suspended for the period 662
of time specified by law by the officer, on behalf of the 663
registrar of motor vehicles. You may appeal this suspension at 664
your initial appearance before the court that hears the charges 665
against you resulting from the arrest, and your initial 666
appearance will be conducted no later than five days after the 667
arrest. This suspension is independent of the penalties for the 668
offense, and you may be subject to other penalties upon 669
conviction." 670
(D)(1) If a person under arrest as described in division 672
(C)(1) of this section is not asked by a police officer to submit 673
to a chemical test designated as provided in division (A) of this 674
section, the arresting officer shall seize the Ohio or 675
out-of-state driver's or commercial driver's license or permit of 676
the person and immediately forward the seized license or permit 677
to the court in which the arrested person is to appear on the 678
charge for which the person was arrested. If the arrested person 679
does not have the person's driver's or commercial driver's 680
17
license or permit on his or her person or in his or her vehicle, 681
the arresting officer shall order the arrested person to 682
surrender it to the law enforcement agency that employs the 684
officer within twenty-four hours after the arrest, and, upon the 685
surrender, the officer's employing agency immediately shall
forward the license or permit to the court in which the arrested 687
person is to appear on the charge for which the person was 688
arrested. Upon receipt of the license or permit, the court shall 690
retain it pending the initial appearance of the arrested person 691
and any action taken under section 4511.196 of the Revised Code. 692
If a person under arrest as described in division (C)(1) of 694
this section is asked by a police officer to submit to a chemical 695
test designated as provided in division (A) of this section and 696
is advised of the consequences of the person's refusal or 697
submission as provided in division (C) of this section and if the 698
person either refuses to submit to the designated chemical test 699
or the person submits to the designated chemical test and the 700
test results indicate that the person's blood contained a 701
concentration of ten-hundredths of one per cent or more by weight 702
of alcohol, the person's breath contained a concentration of 703
ten-hundredths of one gram or more by weight of alcohol per two 704
hundred ten liters of the person's breath, or the person's urine 705
contained a concentration of fourteen-hundredths of one gram or 707
more by weight of alcohol per one hundred milliliters of the 708
person's urine at the time of the alleged offense, the arresting 710
officer shall do all of the following:
(a) On behalf of the registrar, serve a notice of 712
suspension upon the person that advises the person that, 713
independent of any penalties or sanctions imposed upon the person 715
pursuant to any other section of the Revised Code or any other
municipal ordinance, the person's driver's or commercial driver's 717
license or permit or nonresident operating privilege is 718
suspended, that the suspension takes effect immediately, that the 719
suspension will last at least until the person's initial 720
18
appearance on the charge that will be held within five days after 722
the date of the person's arrest or the issuance of a citation to 724
the person, and that the person may appeal the suspension at the 726
initial appearance; seize the Ohio or out-of-state driver's or 727
commercial driver's license or permit of the person; and 728
immediately forward the seized license or permit to the 729
registrar. If the arrested person does not have the person's
driver's or commercial driver's license or permit on his or her 730
person or in his or her vehicle, the arresting officer shall 731
order the person to surrender it to the law enforcement agency 732
that employs the officer within twenty-four hours after the 733
service of the notice of suspension, and, upon the surrender, the 734
officer's employing agency immediately shall forward the license 735
or permit to the registrar. 736
(b) Verify the current residence of the person and, if it 738
differs from that on the person's driver's or commercial driver's 739
license or permit, notify the registrar of the change; 740
(c) In addition to forwarding the arrested person's 742
driver's or commercial driver's license or permit to the 743
registrar, send to the registrar, within forty-eight hours after 744
the arrest of the person, a sworn report that includes all of the 745
following statements: 746
(i) That the officer had reasonable grounds to believe 748
that, at the time of the arrest, the arrested person was 749
operating a vehicle upon a highway or public or private property 750
used by the public for vehicular travel or parking within this 751
state while under the influence of alcohol, a drug of abuse, or 752
alcohol and a drug of abuse or with a prohibited concentration of 753
alcohol in the blood, breath, or urine; 754
(ii) That the person was arrested and charged with 756
operating a vehicle while under the influence of alcohol, a drug 757
of abuse, or alcohol and a drug of abuse or with operating a 758
vehicle with a prohibited concentration of alcohol in the blood, 759
breath, or urine; 760
19
(iii) That the officer asked the person to take the 762
designated chemical test, advised the person of the consequences 763
of submitting to the chemical test or refusing to take the 764
chemical test, and gave the person the form described in division 765
(C)(2) of this section; 766
(iv) That the person refused to submit to the chemical 768
test or that the person submitted to the chemical test and the 769
test results indicate that the person's blood contained a 770
concentration of ten-hundredths of one per cent or more by weight 772
of alcohol, the person's breath contained a concentration of 773
ten-hundredths of one gram or more by weight of alcohol per two 774
hundred ten liters of the person's breath, or the person's urine 775
contained a concentration of fourteen-hundredths of one gram or 777
more by weight of alcohol per one hundred milliliters of the 778
person's urine at the time of the alleged offense; 780
(v) That the officer served a notice of suspension upon 782
the person as described in division (D)(1)(a) of this section. 783
(2) The sworn report of an arresting officer completed 785
under division (D)(1)(c) of this section shall be given by the 786
officer to the arrested person at the time of the arrest or sent 787
to the person by regular first class mail by the registrar as 788
soon thereafter as possible, but no later than fourteen days 789
after receipt of the report. An arresting officer may give an 790
unsworn report to the arrested person at the time of the arrest 791
provided the report is complete when given to the arrested person 792
and subsequently is sworn to by the arresting officer. As soon 793
as possible, but no later than forty-eight hours after the arrest 794
of the person, the arresting officer shall send a copy of the 795
sworn report to the court in which the arrested person is to 796
appear on the charge for which the person was arrested. 797
(3) The sworn report of an arresting officer completed and 799
sent to the registrar and the court under divisions (D)(1)(c) and 800
(D)(2) of this section is prima-facie proof of the information 801
and statements that it contains and shall be admitted and 802
20
considered as prima-facie proof of the information and statements 803
that it contains in any appeal under division (H) of this section 804
relative to any suspension of a person's driver's or commercial 805
driver's license or permit or nonresident operating privilege 806
that results from the arrest covered by the report. 807
(E)(1) Upon receipt of the sworn report of an arresting 809
officer completed and sent to the registrar and a court pursuant 810
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 811
person who refused to take the designated chemical test, the 812
registrar shall enter into the registrar's records the fact that 814
the person's driver's or commercial driver's license or permit or 815
nonresident operating privilege was suspended by the arresting 816
officer under division (D)(1)(a) of this section and the period 817
of the suspension, as determined under divisions (E)(1)(a) to (d) 818
of this section. The suspension shall be subject to appeal as 819
provided in this section and shall be for whichever of the 820
following periods applies: 821
(a) If the arrested person, within five years of the date 823
on which the person refused the request to consent to the 824
chemical test, had not refused a previous request to consent to a 826
chemical test of the person's blood, breath, or urine to 827
determine its alcohol content, the period of suspension shall be 829
one year. If the person is a resident without a license or 830
permit to operate a vehicle within this state, the registrar 831
shall deny to the person the issuance of a driver's or commercial 832
driver's license or permit for a period of one year after the 833
date of the alleged violation.
(b) If the arrested person, within five years of the date 835
on which the person refused the request to consent to the 836
chemical test, had refused one previous request to consent to a 838
chemical test of the person's blood, breath, or urine to 839
determine its alcohol content, the period of suspension or denial 841
shall be two years.
(c) If the arrested person, within five years of the date 843
21
on which the person refused the request to consent to the 844
chemical test, had refused two previous requests to consent to a 846
chemical test of the person's blood, breath, or urine to 847
determine its alcohol content, the period of suspension or denial 849
shall be three years.
(d) If the arrested person, within five years of the date 851
on which the person refused the request to consent to the 852
chemical test, had refused three or more previous requests to 854
consent to a chemical test of the person's blood, breath, or 855
urine to determine its alcohol content, the period of suspension 857
or denial shall be five years. 858
(2) The suspension or denial imposed under division (E)(1) 860
of this section shall continue for the entire one-year, two-year, 861
three-year, or five-year period, subject to appeal as provided in 862
this section and subject to termination as provided in division 863
(K) of this section. 864
(F) Upon receipt of the sworn report of an arresting 866
officer completed and sent to the registrar and a court pursuant 867
to divisions (D)(1)(c) and (D)(2) of this section in regard to a 868
person whose test results indicate that the person's blood 869
contained a concentration of ten-hundredths of one per cent or 871
more by weight of alcohol, the person's breath contained a 872
concentration of ten-hundredths of one gram or more by weight of 873
alcohol per two hundred ten liters of the person's breath, or the 875
person's urine contained a concentration of fourteen-hundredths 876
of one gram or more by weight of alcohol per one hundred 877
milliliters of the person's urine at the time of the alleged 878
offense, the registrar shall enter into the registrar's records 879
the fact that the person's driver's or commercial driver's 881
license or permit or nonresident operating privilege was
suspended by the arresting officer under division (D)(1)(a) of 882
this section and the period of the suspension, as determined 883
under divisions (F)(1) to (4) of this section. The suspension 884
shall be subject to appeal as provided in this section and shall 885
22
be for whichever of the following periods that applies: 886
(1) Except when division (F)(2), (3), or (4) of this 888
section applies and specifies a different period of suspension or 889
denial, the period of the suspension or denial shall be ninety 890
days.
(2) If the person has been convicted, within ten SIX years 892
of the date the test was conducted, of one violation of division 895
(A) or (B) of section 4511.19 of the Revised Code, a municipal 896
ordinance relating to operating a vehicle while under the 897
influence of alcohol, a drug of abuse, or alcohol and a drug of 898
abuse, a municipal ordinance relating to operating a vehicle with 899
a prohibited concentration of alcohol in the blood, breath, or 900
urine, section 2903.04 of the Revised Code in a case in which the 901
offender was subject to the sanctions described in division (D) 902
of that section, or section 2903.06, 2903.07, or 2903.08 of the 903
Revised Code or a municipal ordinance that is substantially
similar to section 2903.07 of the Revised Code in a case in which 904
the jury or judge found that at the time of the commission of the 905
offense the offender was under the influence of alcohol, a drug 906
of abuse, or alcohol and a drug of abuse, or a statute of any 907
other state or a municipal ordinance of a municipal corporation 908
located in any other state that is substantially similar to 909
division (A) or (B) of section 4511.19 of the Revised Code, the 910
period of the suspension or denial shall be one year. 911
(3) If the person has been convicted, within ten SIX years 913
of the date the test was conducted, of two violations of a 914
statute or ordinance described in division (F)(2) of this 915
section, the period of the suspension or denial shall be two 916
years.
(4) If the person has been convicted, within ten SIX years 918
of the date the test was conducted, of more than two violations 919
of a statute or ordinance described in division (F)(2) of this 920
section, the period of the suspension or denial shall be three 921
years. 922
23
(G)(1) A suspension of a person's driver's or commercial 924
driver's license or permit or nonresident operating privilege 925
under division (D)(1)(a) of this section for the period of time 926
described in division (E) or (F) of this section is effective 927
immediately from the time at which the arresting officer serves 928
the notice of suspension upon the arrested person. Any 929
subsequent finding that the person is not guilty of the charge 930
that resulted in the person being requested to take, or in the 932
person taking, the chemical test or tests under division (A) of 933
this section affects the suspension only as described in division 934
(H)(2) of this section. 935
(2) If a person is arrested for operating a vehicle while 937
under the influence of alcohol, a drug of abuse, or alcohol and a 938
drug of abuse or for operating a vehicle with a prohibited 939
concentration of alcohol in the blood, breath, or urine and 940
regardless of whether the person's driver's or commercial 941
driver's license or permit or nonresident operating privilege is 942
or is not suspended under division (E) or (F) of this section, 943
the person's initial appearance on the charge resulting from the 944
arrest shall be held within five days of the person's arrest or 945
the issuance of the citation to the person, subject to any 946
continuance granted by the court pursuant to division (H)(1) of 948
this section regarding the issues specified in that division. 949
(H)(1) If a person is arrested for operating a vehicle 951
while under the influence of alcohol, a drug of abuse, or alcohol 952
and a drug of abuse or for operating a vehicle with a prohibited 953
concentration of alcohol in the blood, breath, or urine and if 954
the person's driver's or commercial driver's license or permit or 955
nonresident operating privilege is suspended under division (E) 956
or (F) of this section, the person may appeal the suspension at 957
the person's initial appearance on the charge resulting from the 960
arrest in the court in which the person will appear on that 961
charge. If the person appeals the suspension at the person's 962
initial appearance, the appeal does not stay the operation of the 963
24
suspension. Subject to division (H)(2) of this section, no court 964
has jurisdiction to grant a stay of a suspension imposed under 965
division (E) or (F) of this section, and any order issued by any 966
court that purports to grant a stay of any suspension imposed 967
under either of those divisions shall not be given administrative 968
effect.
If the person appeals the suspension at the person's 970
initial appearance, either the person or the registrar may 971
request a continuance of the appeal. Either the person or the 973
registrar shall make the request for a continuance of the appeal 974
at the same time as the making of the appeal. If either the 975
person or the registrar requests a continuance of the appeal, the 976
court may grant the continuance. The court also may continue the 977
appeal on its own motion. The granting of a continuance applies 978
only to the conduct of the appeal of the suspension and does not 979
extend the time within which the initial appearance must be 980
conducted, and the court shall proceed with all other aspects of 981
the initial appearance in accordance with its normal procedures. 982
Neither the request for nor the granting of a continuance stays 983
the operation of the suspension that is the subject of the 984
appeal.
If the person appeals the suspension at the person's 986
initial appearance, the scope of the appeal is limited to 987
determining whether one or more of the following conditions have 988
not been met: 989
(a) Whether the law enforcement officer had reasonable 991
ground to believe the arrested person was operating a vehicle 992
upon a highway or public or private property used by the public 993
for vehicular travel or parking within this state while under the 994
influence of alcohol, a drug of abuse, or alcohol and a drug of 995
abuse or with a prohibited concentration of alcohol in the blood, 996
breath, or urine and whether the arrested person was in fact 997
placed under arrest; 998
(b) Whether the law enforcement officer requested the 1,000
25
arrested person to submit to the chemical test designated 1,001
pursuant to division (A) of this section; 1,002
(c) Whether the arresting officer informed the arrested 1,004
person of the consequences of refusing to be tested or of 1,005
submitting to the test; 1,006
(d) Whichever of the following is applicable: 1,008
(i) Whether the arrested person refused to submit to the 1,010
chemical test requested by the officer; 1,011
(ii) Whether the chemical test results indicate that the 1,013
arrested person's blood contained a concentration of 1,014
ten-hundredths of one per cent or more by weight of alcohol, the 1,016
person's breath contained a concentration of ten-hundredths of 1,018
one gram or more by weight of alcohol per two hundred ten liters 1,019
of the person's breath, or the person's urine contained a 1,020
concentration of fourteen-hundredths of one gram or more by 1,022
weight of alcohol per one hundred milliliters of the person's 1,023
urine at the time of the alleged offense.
(2) If the person appeals the suspension at the initial 1,025
appearance, the judge or referee of the court or the mayor of the 1,026
mayor's court shall determine whether one or more of the 1,027
conditions specified in divisions (H)(1)(a) to (d) of this 1,028
section have not been met. The person who appeals the suspension 1,029
has the burden of proving, by a preponderance of the evidence, 1,030
that one or more of the specified conditions has not been met. 1,031
If during the appeal at the initial appearance the judge or 1,032
referee of the court or the mayor of the mayor's court determines 1,033
that all of those conditions have been met, the judge, referee, 1,034
or mayor shall uphold the suspension, shall continue the 1,035
suspension, and shall notify the registrar of the decision on a 1,036
form approved by the registrar. Except as otherwise provided in 1,037
division (H)(2) of this section, if the suspension is upheld or 1,038
if the person does not appeal the suspension at the person's 1,039
initial appearance under division (H)(1) of this section, the 1,040
suspension shall continue until the complaint alleging the 1,041
26
violation for which the person was arrested and in relation to 1,042
which the suspension was imposed is adjudicated on the merits by 1,043
the judge or referee of the trial court or by the mayor of the 1,044
mayor's court. If the suspension was imposed under division (E) 1,045
of this section and it is continued under this division, any 1,046
subsequent finding that the person is not guilty of the charge 1,047
that resulted in the person being requested to take the chemical 1,048
test or tests under division (A) of this section does not 1,049
terminate or otherwise affect the suspension. If the suspension 1,050
was imposed under division (F) of this section and it is 1,051
continued under this division, the suspension shall terminate if, 1,052
for any reason, the person subsequently is found not guilty of 1,053
the charge that resulted in the person taking the chemical test 1,054
or tests under division (A) of this section. 1,055
If, during the appeal at the initial appearance, the judge 1,057
or referee of the trial court or the mayor of the mayor's court 1,058
determines that one or more of the conditions specified in 1,059
divisions (H)(1)(a) to (d) of this section have not been met, the 1,060
judge, referee, or mayor shall terminate the suspension, subject 1,061
to the imposition of a new suspension under division (B) of 1,062
section 4511.196 of the Revised Code; shall notify the registrar 1,063
of the decision on a form approved by the registrar; and, except 1,064
as provided in division (B) of section 4511.196 of the Revised 1,066
Code, shall order the registrar to return the driver's or 1,067
commercial driver's license or permit to the person or to take 1,068
such measures as may be necessary, if the license or permit was 1,069
destroyed under section 4507.55 of the Revised Code, to permit 1,070
the person to obtain a replacement driver's or commercial 1,071
driver's license or permit from the registrar or a deputy 1,072
registrar in accordance with that section. The court also shall 1,073
issue to the person a court order, valid for not more than ten 1,074
days from the date of issuance, granting the person operating 1,075
privileges for that period of time.
If the person appeals the suspension at the initial 1,077
27
appearance, the registrar shall be represented by the prosecuting 1,078
attorney of the county in which the arrest occurred if the 1,079
initial appearance is conducted in a juvenile court or county 1,080
court, except that if the arrest occurred within a city or 1,081
village within the jurisdiction of the county court in which the 1,082
appeal is conducted, the city director of law or village 1,083
solicitor of that city or village shall represent the registrar. 1,084
If the appeal is conducted in a municipal court, the registrar 1,085
shall be represented as provided in section 1901.34 of the 1,086
Revised Code. If the appeal is conducted in a mayor's court, the 1,087
registrar shall be represented by the city director of law, 1,088
village solicitor, or other chief legal officer of the municipal 1,089
corporation that operates that mayor's court. 1,090
(I)(1) If a person's driver's or commercial driver's 1,092
license or permit or nonresident operating privilege has been 1,093
suspended pursuant to division (E) of this section, and the 1,094
person, within the preceding seven years, has refused three 1,095
previous requests to consent to a chemical test of the person's 1,097
blood, breath, or urine to determine its alcohol content or has
been convicted of or pleaded guilty to three or more violations 1,099
of division (A) or (B) of section 4511.19 of the Revised Code, a 1,100
municipal ordinance relating to operating a vehicle while under 1,101
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,102
of abuse, a municipal ordinance relating to operating a vehicle 1,103
with a prohibited concentration of alcohol in the blood, breath, 1,104
or urine, section 2903.04 of the Revised Code in a case in which 1,105
the person was subject to the sanctions described in division (D) 1,106
of that section, or section 2903.06, 2903.07, or 2903.08 of the 1,107
Revised Code or a municipal ordinance that is substantially 1,108
similar to section 2903.07 of the Revised Code in a case in which 1,109
the jury or judge found that the person was under the influence 1,110
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,111
statute of any other state or a municipal ordinance of a 1,112
municipal corporation located in any other state that is 1,113
28
substantially similar to division (A) or (B) of section 4511.19 1,114
of the Revised Code, the person is not entitled to request, and 1,115
the court shall not grant to the person, occupational driving 1,116
privileges under this division. Any other person whose driver's 1,117
or commercial driver's license or nonresident operating privilege 1,118
has been suspended pursuant to division (E) of this section may 1,119
file a petition requesting occupational driving privileges in the 1,120
municipal court, county court, or, if the person is a minor, 1,121
juvenile court with jurisdiction over the place at which the 1,122
arrest occurred. The petition may be filed at any time subsequent 1,123
to the date on which the arresting officer serves the notice of 1,124
suspension upon the arrested person. The person shall pay the 1,125
costs of the proceeding, notify the registrar of the filing of 1,126
the petition, and send the registrar a copy of the petition. 1,127
In the proceedings, the registrar shall be represented by 1,129
the prosecuting attorney of the county in which the arrest 1,130
occurred if the petition is filed in the juvenile court or county 1,131
court, except that, if the arrest occurred within a city or 1,132
village within the jurisdiction of the county court in which the 1,133
petition is filed, the city director of law or village solicitor 1,134
of that city or village shall represent the registrar. If the 1,135
petition is filed in the municipal court, the registrar shall be 1,136
represented as provided in section 1901.34 of the Revised Code. 1,137
The court, if it finds reasonable cause to believe that 1,139
suspension would seriously affect the person's ability to 1,140
continue in the person's employment, may grant the person 1,141
occupational driving privileges during the period of suspension 1,143
imposed pursuant to division (E) of this section, subject to the 1,144
limitations contained in this division and division (I)(2) of 1,145
this section. The court may grant the occupational driving 1,146
privileges, subject to the limitations contained in this division 1,147
and division (I)(2) of this section, regardless of whether the 1,148
person appeals the suspension at the person's initial appearance 1,150
under division (H)(1) of this section or appeals the decision of 1,151
29
the court made pursuant to the appeal conducted at the initial 1,152
appearance, and, if the person has appealed the suspension or 1,153
decision, regardless of whether the matter at issue has been 1,154
heard or decided by the court. The court shall not grant 1,155
occupational driving privileges to any person who, within seven 1,156
years of the filing of the petition, has refused three previous 1,157
requests to consent to a chemical test of the person's blood, 1,159
breath, or urine to determine its alcohol content or has been 1,160
convicted of or pleaded guilty to three or more violations of 1,161
division (A) or (B) of section 4511.19 of the Revised Code, a 1,162
municipal ordinance relating to operating a vehicle while under 1,163
the influence of alcohol, a drug of abuse, or alcohol and a drug 1,164
of abuse, a municipal ordinance relating to operating a vehicle 1,165
with a prohibited concentration of alcohol in the blood, breath, 1,166
or urine, section 2903.04 of the Revised Code in a case in which 1,167
the person was subject to the sanctions described in division (D) 1,168
of that section, or section 2903.06, 2903.07, or 2903.08 of the 1,169
Revised Code or a municipal ordinance that is substantially 1,170
similar to section 2903.07 of the Revised Code in a case in which 1,171
the jury or judge found that the person was under the influence 1,172
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,173
statute of any other state or a municipal ordinance of a 1,174
municipal corporation located in any other state that is 1,175
substantially similar to division (A) or (B) of section 4511.19 1,176
of the Revised Code, and shall not grant occupational driving 1,177
privileges for employment as a driver of commercial motor 1,178
vehicles to any person who is disqualified from operating a 1,179
commercial motor vehicle under section 2301.374 or 4506.16 of the 1,180
Revised Code.
(2)(a) In granting occupational driving privileges under 1,182
division (I)(1) of this section, the court may impose any 1,183
condition it considers reasonable and necessary to limit the use 1,184
of a vehicle by the person. The court shall deliver to the 1,185
person a permit card, in a form to be prescribed by the court, 1,186
30
setting forth the time, place, and other conditions limiting the 1,187
defendant's use of a vehicle. The grant of occupational driving 1,188
privileges shall be conditioned upon the person's having the 1,189
permit in the person's possession at all times during which the 1,191
person is operating a vehicle. 1,192
A person granted occupational driving privileges who 1,194
operates a vehicle for other than occupational purposes, in 1,195
violation of any condition imposed by the court, or without 1,196
having the permit in the person's possession, is guilty of a 1,197
violation of section 4507.02 of the Revised Code. 1,199
(b) The court may not grant a person occupational driving 1,201
privileges under division (I)(1) of this section when prohibited 1,202
by a limitation contained in that division or during any of the 1,203
following periods of time: 1,204
(i) The first thirty days of suspension imposed upon a 1,206
person who, within five years of the date on which the person 1,207
refused the request to consent to a chemical test of the person's 1,209
blood, breath, or urine to determine its alcohol content and for 1,211
which refusal the suspension was imposed, had not refused a 1,212
previous request to consent to a chemical test of the person's 1,213
blood, breath, or urine to determine its alcohol content; 1,215
(ii) The first ninety days of suspension imposed upon a 1,217
person who, within five years of the date on which the person 1,218
refused the request to consent to a chemical test of the person's 1,220
blood, breath, or urine to determine its alcohol content and for 1,222
which refusal the suspension was imposed, had refused one 1,223
previous request to consent to a chemical test of the person's 1,224
blood, breath, or urine to determine its alcohol content; 1,226
(iii) The first year of suspension imposed upon a person 1,228
who, within five years of the date on which the person refused 1,230
the request to consent to a chemical test of the person's blood, 1,232
breath, or urine to determine its alcohol content and for which 1,233
refusal the suspension was imposed, had refused two previous 1,234
requests to consent to a chemical test of the person's blood, 1,235
31
breath, or urine to determine its alcohol content; 1,237
(iv) The first three years of suspension imposed upon a 1,239
person who, within five years of the date on which the person 1,240
refused the request to consent to a chemical test of the person's 1,242
blood, breath, or urine to determine its alcohol content and for 1,244
which refusal the suspension was imposed, had refused three or 1,245
more previous requests to consent to a chemical test of the 1,246
person's blood, breath, or urine to determine its alcohol 1,248
content.
(3) The court shall give information in writing of any 1,250
action taken under this section to the registrar. 1,251
(4) If a person's driver's or commercial driver's license 1,253
or permit or nonresident operating privilege has been suspended 1,254
pursuant to division (F) of this section, and the person, within 1,255
the preceding seven years, has been convicted of or pleaded 1,256
guilty to three or more violations of division (A) or (B) of 1,257
section 4511.19 of the Revised Code, a municipal ordinance 1,258
relating to operating a vehicle while under the influence of 1,259
alcohol, a drug of abuse, or alcohol and a drug of abuse, a 1,260
municipal ordinance relating to operating a vehicle with a 1,261
prohibited concentration of alcohol in the blood, breath, or 1,262
urine, section 2903.04 of the Revised Code in a case in which the 1,263
person was subject to the sanctions described in division (D) of 1,264
that section, or section 2903.06, 2903.07, or 2903.08 of the 1,265
Revised Code or a municipal ordinance that is substantially 1,266
similar to section 2903.07 of the Revised Code in a case in which 1,267
the jury or judge found that the person was under the influence 1,268
of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a 1,269
statute of any other state or a municipal ordinance of a 1,270
municipal corporation located in any other state that is 1,271
substantially similar to division (A) or (B) of section 4511.19 1,272
of the Revised Code, the person is not entitled to request, and 1,273
the court shall not grant to the person, occupational driving 1,274
privileges under this division. Any other person whose driver's 1,275
32
or commercial driver's license or nonresident operating privilege 1,276
has been suspended pursuant to division (F) of this section may 1,277
file in the court specified in division (I)(1) of this section a 1,278
petition requesting occupational driving privileges in accordance 1,279
with section 4507.16 of the Revised Code. The petition may be 1,280
filed at any time subsequent to the date on which the arresting 1,281
officer serves the notice of suspension upon the arrested person. 1,282
Upon the making of the request, occupational driving privileges 1,283
may be granted in accordance with section 4507.16 of the Revised 1,284
Code. The court may grant the occupational driving privileges, 1,285
subject to the limitations contained in section 4507.16 of the 1,286
Revised Code, regardless of whether the person appeals the 1,287
suspension at the person's initial appearance under division 1,288
(H)(1) of this section or appeals the decision of the court made 1,290
pursuant to the appeal conducted at the initial appearance, and, 1,291
if the person has appealed the suspension or decision, regardless 1,292
of whether the matter at issue has been heard or decided by the 1,293
court.
(J) When it finally has been determined under the 1,295
procedures of this section that a nonresident's privilege to 1,296
operate a vehicle within this state has been suspended, the 1,297
registrar shall give information in writing of the action taken 1,298
to the motor vehicle administrator of the state of the person's 1,299
residence and of any state in which the person has a license. 1,300
(K) A suspension of the driver's or commercial driver's 1,302
license or permit of a resident, a suspension of the operating 1,303
privilege of a nonresident, or a denial of a driver's or 1,304
commercial driver's license or permit for refusal to submit to a 1,305
chemical test to determine the alcohol, drug, or alcohol and drug 1,306
content of the person's blood, breath, or urine pursuant to 1,307
division (E) of this section, shall be terminated by the 1,308
registrar upon receipt of notice of the person's entering a plea 1,309
of guilty to, or of the person's conviction after entering a plea 1,310
of no contest under Criminal Rule 11 to, operating a vehicle 1,311
33
while under the influence of alcohol, a drug of abuse, or alcohol 1,312
and a drug of abuse or with a prohibited concentration of alcohol 1,313
in the blood, breath, or urine, if the offense for which the plea 1,314
is entered arose from the same incident that led to the 1,315
suspension or denial. 1,316
The registrar shall credit against any judicial suspension 1,318
of a person's driver's or commercial driver's license or permit 1,319
or nonresident operating privilege imposed pursuant to division 1,320
(B) or (E) of section 4507.16 of the Revised Code any time during 1,321
which the person serves a related suspension imposed pursuant to 1,322
division (E) or (F) of this section. 1,323
(L) At the end of a suspension period under this section, 1,325
section 4511.196, or division (B) of section 4507.16 of the 1,326
Revised Code and upon the request of the person whose driver's or 1,327
commercial driver's license or permit was suspended and who is 1,328
not otherwise subject to suspension, revocation, or 1,329
disqualification, the registrar shall return the driver's or 1,330
commercial driver's license or permit to the person upon the 1,331
occurrence of all of the following: 1,332
(1) A showing by the person that the person had proof of 1,334
financial responsibility, a policy of liability insurance in 1,336
effect that meets the minimum standards set forth in section 1,337
4509.51 of the Revised Code, or proof, to the satisfaction of the 1,338
registrar, that the person is able to respond in damages in an 1,339
amount at least equal to the minimum amounts specified in section 1,340
4509.51 of the Revised Code. 1,341
(2) Payment by the person of a license reinstatement fee 1,343
of two hundred eighty dollars to the bureau of motor vehicles, 1,345
which fee shall be deposited in the state treasury and credited 1,346
as follows: 1,347
(a) Seventy-five dollars shall be credited to the drivers' 1,349
treatment and intervention fund, which is hereby established. 1,350
The fund shall be used to pay the costs of driver treatment and 1,351
intervention programs operated pursuant to sections 3793.02 and 1,352
34
3793.10 of the Revised Code. The director of alcohol and drug 1,353
addiction services shall determine the share of the fund that is 1,354
to be allocated to alcohol and drug addiction programs authorized 1,355
by section 3793.02 of the Revised Code, and the share of the fund 1,356
that is to be allocated to drivers' intervention programs 1,357
authorized by section 3793.10 of the Revised Code. 1,358
(b) Fifty dollars shall be credited to the reparations 1,360
fund created by section 2743.191 of the Revised Code. 1,361
(c) Twenty-five dollars shall be credited to the indigent 1,363
drivers alcohol treatment fund, which is hereby established. 1,364
Except as otherwise provided in division (L)(2)(c) of this 1,366
section, moneys in the fund shall be distributed by the 1,367
department of alcohol and drug addiction services to the county 1,368
indigent drivers alcohol treatment funds, the county juvenile 1,369
indigent drivers alcohol treatment funds, and the municipal 1,370
indigent drivers ALCOHOL treatment funds that are required to be 1,372
established by counties and municipal corporations pursuant to 1,373
division (N) of this section, and shall be used only to pay the 1,374
cost of an alcohol and drug addiction treatment program attended 1,375
by an offender or juvenile traffic offender who is ordered to 1,376
attend an alcohol and drug addiction treatment program by a 1,377
county, juvenile, or municipal court judge and who is determined 1,378
by the county, juvenile, or municipal court judge not to have the 1,379
means to pay for attendance at the program. Moneys in the fund 1,380
that are not distributed to a county indigent drivers alcohol 1,381
treatment fund, a county juvenile indigent drivers alcohol 1,382
treatment fund, or a municipal indigent drivers alcohol treatment 1,383
fund under division (N) of this section because the director of 1,384
alcohol and drug addiction services does not have the information 1,385
necessary to identify the county or municipal corporation where 1,386
the offender or juvenile offender was arrested may be transferred 1,387
by the director of budget and management to the drivers'
treatment and intervention fund, created in division (L)(2)(a) of 1,388
this section, upon certification of the amount by the director of 1,389
35
alcohol and drug addiction services. 1,390
(d) Fifty dollars shall be credited to the Ohio 1,392
rehabilitation services commission established by section 3304.12 1,393
of the Revised Code, to the services for rehabilitation fund, 1,394
which is hereby established. The fund shall be used to match 1,395
available federal matching funds where appropriate, and for any 1,396
other purpose or program of the commission to rehabilitate people 1,397
with disabilities to help them become employed and independent. 1,398
(e) Fifty dollars shall be deposited into the state 1,400
treasury and credited to the drug abuse resistance education 1,401
programs fund, which is hereby established, to be used by the 1,402
attorney general for the purposes specified in division (L)(2)(e) 1,403
of this section. 1,404
(f) Thirty dollars shall be credited to the state bureau 1,406
of motor vehicles fund created by section 4501.25 of the Revised 1,407
Code.
The attorney general shall use amounts in the drug abuse 1,409
resistance education programs fund to award grants to law 1,410
enforcement agencies to establish and implement drug abuse 1,411
resistance education programs in public schools. Grants awarded 1,412
to a law enforcement agency under division (L)(2)(e) of this 1,413
section shall be used by the agency to pay for not more than 1,414
fifty per cent of the amount of the salaries of law enforcement 1,415
officers who conduct drug abuse resistance education programs in 1,416
public schools. The attorney general shall not use more than six 1,417
per cent of the amounts the attorney general's office receives 1,419
under division (L)(2)(e) of this section to pay the costs it 1,420
incurs in administering the grant program established by division 1,421
(L)(2)(e) of this section and in providing training and materials 1,422
relating to drug abuse resistance education programs. 1,423
The attorney general shall report to the governor and the 1,425
general assembly each fiscal year on the progress made in 1,426
establishing and implementing drug abuse resistance education 1,427
programs. These reports shall include an evaluation of the 1,428
36
effectiveness of these programs. 1,429
(M) Suspension of a commercial driver's license under 1,431
division (E) or (F) of this section shall be concurrent with any 1,432
period of disqualification under section 2301.374 or 4506.16 of 1,433
the Revised Code. No person who is disqualified for life from 1,434
holding a commercial driver's license under section 4506.16 of 1,435
the Revised Code shall be issued a driver's license under Chapter 1,436
4507. of the Revised Code during the period for which the 1,437
commercial driver's license was suspended under division (E) or 1,438
(F) of this section, and no person whose commercial driver's 1,439
license is suspended under division (E) or (F) of this section 1,440
shall be issued a driver's license under that chapter during the 1,441
period of the suspension. 1,442
(N)(1) Each county shall establish an indigent drivers 1,444
alcohol treatment fund, each county shall establish a juvenile 1,445
indigent drivers alcohol treatment fund, and each municipal 1,446
corporation in which there is a municipal court shall establish 1,447
an indigent drivers alcohol treatment fund. All revenue that the 1,448
general assembly appropriates to the indigent drivers alcohol 1,449
treatment fund for transfer to a county indigent drivers alcohol 1,450
treatment fund, a county juvenile indigent drivers alcohol 1,451
treatment fund, or a municipal indigent drivers alcohol treatment 1,452
fund, all portions of fees that are paid under division (L) of 1,453
this section and that are credited under that division to the 1,454
indigent drivers alcohol treatment fund in the state treasury for 1,455
a county indigent drivers alcohol treatment fund, a county 1,456
juvenile indigent drivers alcohol treatment fund, or a municipal 1,457
indigent drivers alcohol treatment fund, and all portions of 1,458
fines that are specified for deposit into a county or municipal 1,459
indigent drivers alcohol treatment fund by section 4511.193 of 1,460
the Revised Code shall be deposited into that county indigent 1,461
drivers alcohol treatment fund, county juvenile indigent drivers 1,462
alcohol treatment fund, or municipal indigent drivers alcohol 1,463
treatment fund in accordance with division (N)(2) of this 1,464
37
section. Additionally, all portions of fines that are paid for a 1,465
violation of section 4511.19 of the Revised Code or division 1,466
(B)(2) of section 4507.02 of the Revised Code, and that are 1,467
required under division (A)(1) or (2) of section 4511.99 or 1,468
division (B)(5) of section 4507.99 of the Revised Code to be 1,469
deposited into a county indigent drivers alcohol treatment fund 1,470
or municipal indigent drivers alcohol treatment fund shall be 1,471
deposited into the appropriate fund in accordance with the 1,472
applicable division. 1,473
(2) That portion of the license reinstatement fee that is 1,475
paid under division (L) of this section and that is credited 1,476
under that division to the indigent drivers alcohol treatment 1,477
fund shall be deposited into a county indigent drivers alcohol 1,478
treatment fund, a county juvenile indigent drivers alcohol 1,479
treatment fund, or a municipal indigent drivers alcohol treatment 1,480
fund as follows: 1,481
(a) If the suspension in question was imposed under this 1,483
section, that portion of the fee shall be deposited as follows: 1,484
(i) If the fee is paid by a person who was charged in a 1,486
county court with the violation that resulted in the suspension, 1,487
the portion shall be deposited into the county indigent drivers 1,488
alcohol treatment fund under the control of that court; 1,489
(ii) If the fee is paid by a person who was charged in a 1,491
juvenile court with the violation that resulted in the 1,492
suspension, the portion shall be deposited into the county 1,493
juvenile indigent drivers alcohol treatment fund established in 1,494
the county served by the court; 1,495
(iii) If the fee is paid by a person who was charged in a 1,497
municipal court with the violation that resulted in the 1,498
suspension, the portion shall be deposited into the municipal 1,499
indigent drivers alcohol treatment fund under the control of that 1,500
court. 1,501
(b) If the suspension in question was imposed under 1,503
division (B) of section 4507.16 of the Revised Code, that portion 1,504
38
of the fee shall be deposited as follows: 1,505
(i) If the fee is paid by a person whose license or permit 1,507
was suspended by a county court, the portion shall be deposited 1,508
into the county indigent drivers alcohol treatment fund under the 1,509
control of that court; 1,510
(ii) If the fee is paid by a person whose license or 1,512
permit was suspended by a municipal court, the portion shall be 1,513
deposited into the municipal indigent drivers alcohol treatment 1,514
fund under the control of that court. 1,515
(3) Expenditures from a county indigent drivers alcohol 1,517
treatment fund, a county juvenile indigent drivers alcohol 1,518
treatment fund, or a municipal indigent drivers alcohol treatment 1,519
fund shall be made only upon the order of a county, juvenile, or 1,520
municipal court judge and only for payment of the cost of the 1,521
attendance at an alcohol and drug addiction treatment program of 1,522
a person who is convicted of, or found to be a juvenile traffic 1,523
offender by reason of, a violation of division (A) of section 1,524
4511.19 of the Revised Code or a substantially similar municipal 1,525
ordinance, who is ordered by the court to attend the alcohol and 1,526
drug addiction treatment program, and who is determined by the 1,527
court to be unable to pay the cost of attendance at the treatment 1,529
program. The board of alcohol, drug addiction, and mental health 1,530
services established pursuant to section 340.02 of the Revised 1,531
Code serving the alcohol, drug addiction, and mental health 1,532
service district in which the court is located shall administer 1,533
the indigent drivers alcohol treatment program of the court. 1,534
When a court orders an offender or juvenile traffic offender to 1,535
attend an alcohol and drug addiction treatment program, the board 1,536
shall determine which program is suitable to meet the needs of 1,537
the offender or juvenile traffic offender, and when a suitable 1,538
program is located and space is available at the program, the 1,539
offender or juvenile traffic offender shall attend the program 1,540
designated by the board. A reasonable amount not to exceed five 1,541
per cent of the amounts credited to and deposited into the county 1,542
39
indigent drivers alcohol treatment fund, the county juvenile 1,543
indigent drivers alcohol treatment fund, or the municipal 1,544
indigent drivers alcohol treatment fund serving every court whose 1,545
program is administered by that board shall be paid to the board 1,546
to cover the costs it incurs in administering those indigent 1,547
drivers alcohol treatment programs.
Sec. 4511.762. No (A) EXCEPT AS PROVIDED IN DIVISION (B) 1,557
OF THIS SECTION, NO person who is the owner of a BUS THAT
PREVIOUSLY WAS REGISTERED AS A school bus which THAT is used or 1,559
is to be used exclusively for purposes other than the 1,560
transportation of children, shall operate such THE bus or permit 1,561
it to be operated within this state unless such THE bus has been 1,563
painted a color different from that prescribed for school busses 1,564
BUSES by section 4511.77 of the Revised Code and painted in such 1,565
a way that the letters WORDS "stop" and "school bus" are 1,566
obliterated.
(B) ANY CHURCH BUS THAT PREVIOUSLY WAS REGISTERED AS A 1,568
SCHOOL BUS AND IS REGISTERED UNDER SECTION 4503.07 OF THE REVISED 1,570
CODE MAY RETAIN THE PAINT COLOR PRESCRIBED FOR SCHOOL BUSES BY 1,571
SECTION 4511.77 OF THE REVISED CODE IF THE BUS COMPLIES WITH ALL 1,573
OF THE FOLLOWING: 1,574
(1) THE WORDS "SCHOOL BUS" REQUIRED BY SECTION 4511.77 OF 1,576
THE REVISED CODE ARE COVERED OR OBLITERATED AND THE BUS IS MARKED 1,578
ON THE FRONT AND REAR WITH THE WORDS "CHURCH BUS" PAINTED IN 1,579
BLACK LETTERING NOT LESS THAN TEN INCHES IN HEIGHT; 1,580
(2) THE AUTOMATICALLY EXTENDED STOP WARNING SIGN REQUIRED 1,582
BY SECTION 4511.75 OF THE REVISED CODE IS REMOVED AND THE WORD 1,584
"STOP" REQUIRED BY SECTION 4511.77 OF THE REVISED CODE IS COVERED 1,586
OR OBLITERATED;
(3) THE FLASHING RED AND AMBER LIGHTS REQUIRED BY SECTION 1,588
4511.771 OF THE REVISED CODE ARE COVERED OR REMOVED; 1,590
(4) THE INSPECTION DECAL REQUIRED BY SECTION 4511.761 OF 1,592
THE REVISED CODE IS COVERED OR REMOVED; 1,594
(5) THE IDENTIFICATION NUMBER ASSIGNED UNDER SECTION 1,596
40
4511.764 OF THE REVISED CODE AND MARKED IN BLACK LETTERING ON THE 1,598
FRONT AND REAR OF THE BUS IS COVERED OR OBLITERATED. 1,599
Sec. 5501.451. IN ACCORDANCE WITH SECTION 5501.45 OF THE 1,602
REVISED CODE, THE DIRECTOR OF TRANSPORTATION SHALL IMPLEMENT A 1,603
PROGRAM ALLOWING, BY LEASE OR PERMIT, THE USE OF LANDS OWNED BY 1,604
THE STATE AND ACQUIRED OR USED FOR THE STATE HIGHWAY SYSTEM OR 1,605
FOR HIGHWAYS OR IN CONNECTION WITH HIGHWAYS OR AS INCIDENTAL TO 1,606
THE ACQUISITION OF LAND FOR HIGHWAYS BY PERSONS ERECTING 1,607
ADVERTISING DEVICES ON THE PROPERTY. THE PROGRAM SHALL BE 1,608
OPERATED IN ACCORDANCE WITH GUIDELINES IN EFFECT ON JANUARY 1, 1,609
1996.
NOTHING IN THIS SECTION SHALL PROHIBIT OR RESTRICT THE 1,611
DIRECTOR FROM DETERMINING THAT PROPERTY ON WHICH AN ADVERTISING 1,612
DEVICE IS LOCATED HAS BECOME NECESSARY FOR STATE HIGHWAY OR 1,613
RECREATION PURPOSES AND TERMINATING A LEASE OR PERMIT. NOTHING 1,614
IN THIS SECTION SHALL REQUIRE THE DIRECTOR TO MAINTAIN A LEASE OR 1,616
PERMIT AT A SPECIFIC LOCATION OR PROHIBIT THE DIRECTOR FROM
MODIFYING THE TERMS OF A SPECIFIC LEASE OR PERMIT. 1,617
AS USED IN THIS SECTION "ADVERTISING DEVICE" HAS THE SAME 1,619
MEANING AS IN SECTION 5516.01 OF THE REVISED CODE. 1,620
Sec. 5515.07. (A) The director of transportation, in 1,629
accordance with Chapter 119. of the Revised Code, shall adopt 1,630
rules consistent with the safety of the traveling public and 1,631
consistent with the national policy to govern the use and control 1,632
of rest areas within the limits of the right-of-way of interstate 1,633
highways and other state highways and in other areas within the 1,634
limits of the right-of-way of interstate highways. 1,635
(B) Except as provided in division (C) of this section, no 1,637
person shall engage in selling or offering for sale or exhibiting 1,638
for purposes of sale, goods, products, merchandise, or services 1,639
within the bounds of rest areas within the limits of the 1,640
right-of-way of interstate highways and other state highways, or 1,641
in other areas within the limits of the right-of-way of 1,642
interstate highways, unless the director issues a permit in 1,643
41
accordance with section 5515.01 of the Revised Code. 1,644
NOTWITHSTANDING ANY RULES ADOPTED BY THE DIRECTOR TO THE CONTRARY 1,645
OR ANY OTHER POLICY CHANGES PROPOSED BY THE DIRECTOR, EACH 1,646
DISTRICT DEPUTY DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION 1,648
SHALL CONTINUE TO IMPLEMENT ANY PROGRAM ALLOWING ORGANIZATIONS TO 1,649
DISPENSE FREE COFFEE OR SIMILAR ITEMS AFTER OBTAINING A PERMIT 1,651
THAT OPERATED WITHIN THE DISTRICT PRIOR TO JANUARY 1, 1997. EACH 1,652
DISTRICT DEPUTY DIRECTOR SHALL OPERATE SUCH PROGRAM WITHIN THE 1,653
DISTRICT IN THE SAME MANNER AS THE PROGRAM WAS OPERATED PRIOR TO 1,654
THAT DATE.
(C) In accordance with rules adopted under division (A) of 1,656
this section, the director may cause vending machines to be 1,657
placed within each rest area that is able to accommodate the 1,658
machines. The vending machines shall dispense food, drink, and 1,659
other appropriate articles. 1,660
(D) This section does not apply to the sale of goods, 1,662
products, merchandise, or services required for the emergency 1,663
repair of motor vehicles or emergency medical treatment. 1,664
Section 2. That existing sections 505.88, 2935.27, 1,666
2937.221, 4301.62, 4507.168, 4511.191, 4511.762, and 5515.07 of 1,668
the Revised Code are hereby repealed.
Section 3. Section 4301.62 of the Revised Code is amended 1,671
by this act and also by Am. Sub. S.B. 162 of the 121st General 1,672
Assembly (effective July 1, 1997). The amendments of Am. Sub. 1,673
S.B. 162 are included in this act in lower case to confirm the 1,674
intention to retain them, but are not intended to be effective 1,675
until July 1, 1997.
Section 4. Section 4511.191 of the Revised Code is amended 1,678
by this act and also by Am. Sub. H.B. 210 of the 122nd General
Assembly (effective June 30, 1997). The amendments of Am. Sub. 1,679
H.B. 210 are included in this act in lower case to confirm the 1,680
intention to retain them, but are not intended to be effective 1,681
until June 30, 1997.
Section 5. Sections 2935.27, 2937.221, and 4507.168 of the 1,684
42
Revised Code are presented in this act as composites of the 1,685
sections as amended by both Am. Sub. H.B. 353 and Am. Sub. S.B. 1,686
121 of the 121st General Assembly, with the new language of
neither of the acts shown in capital letters. This is in 1,687
recognition of the principle stated in division (B) of section 1,688
1.52 of the Revised Code that such amendments are to be 1,689
harmonized where not substantively irreconcilable and constitutes 1,690
a legislative finding that such is the resulting version in 1,691
effect prior to the effective date of this act. 1,692
Section 6. This act is hereby declared to be an emergency 1,694
measure necessary for the immediate preservation of the public 1,695
peace, health, and safety. The reason for such necessity is that 1,697
the complete restoration of the amendments that were
inadvertently omitted from Am. Sub. H.B. 210 of the 122nd General 1,699
Assembly requires the greatest possible coordination of
respective effective dates between the two acts, and to recognize 1,701
the intended emergency nature of Am. Sub. H.B. 210. Therefore, 1,702
this act shall go into immediate effect.