As Reported by the Senate Highways and Transportation Committee   1            

123rd General Assembly                                             4            

   Regular Session                             Sub. H. B. No. 148  5            

      1999-2000                                                    6            


         REPRESENTATIVES WILLIAMS-TAYLOR-THOMAS-SCHULER-           8            

       TERWILLEGER-LOGAN-PRINGLE-EVANS-HOOD-ROMAN-BATEMAN-         9            

      BENDER-OLMAN-MEAD-HAINES-DAMSCHRODER-COUGHLIN-SCHUCK-        10           

      ROBERTS-NETZLEY-O'BRIEN-BUCHY-PETERSON-VERICH-DISTEL-        11           

        GOODMAN-BARNES-ALLEN-PATTON-FERDERBER-HOLLISTER-           13           

         D. MILLER-KREBS-SALERNO-METELSKY-DePIERO-PERZ-                         

          HOUSEHOLDER-YOUNG-SUTTON-FORD-MAIER-HARTNETT-            14           

        GRENDELL-CORE-TIBERI-METZGER-BOYD-HARRIS-AUSTRIA           15           


_________________________________________________________________   16           

                          A   B I L L                                           

             To amend sections 109.77, 3781.111, 4503.44,          17           

                4511.69, 4511.99, 4731.99, and 4734.99 and to      18           

                enact sections 4731.481 and 4734.23 of the         19           

                Revised Code to increase the penalties for a       20           

                violation of the special parking privileges        22           

                established for persons with certain                            

                disabilities, to make changes in the application   23           

                process for removable windshield placards, to      24           

                clarify the status of certain enforcement agents   25           

                of the Department of Public Safety in regard to    26           

                completion of a peace officer training program,    27           

                and to declare an emergency.                                    




BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        29           

      Section 1.  That sections 109.77, 3781.111, 4503.44,         31           

4511.69, 4511.99, 4731.99, and 4734.99 be amended and sections     32           

4731.481 and 4734.23 of the Revised Code be enacted to read as     33           

follows:                                                                        

      Sec. 109.77.  (A)  As used in this section, "felony" has     42           

the same meaning as in section 109.511 of the Revised Code.        43           

                                                          2      


                                                                 
      (B)(1)  Notwithstanding any general, special, or local law   46           

or charter to the contrary, and except as otherwise provided in    47           

this section, no person shall receive an original appointment on   48           

a permanent basis as any of the following unless the person        49           

previously has been awarded a certificate by the executive         50           

director of the Ohio peace officer training commission attesting   51           

to the person's satisfactory completion of an approved state,      52           

county, municipal, or department of natural resources peace        53           

officer basic training program:                                                 

      (a)  A peace officer of any county, township, municipal      55           

corporation, regional transit authority, or metropolitan housing   56           

authority;                                                                      

      (b)  A natural resources law enforcement staff officer,      58           

park officer, forest officer, preserve officer, wildlife officer,  60           

or state watercraft officer of the department of natural           61           

resources;                                                                      

      (c)  An employee of a park district under section 511.232    63           

or 1545.13 of the Revised Code;                                    64           

      (d)  An employee of a conservancy district who is            66           

designated pursuant to section 6101.75 of the Revised Code;        67           

      (e)  A state university law enforcement officer;             69           

      (f)  A special police officer employed by the department of  71           

mental health pursuant to section 5119.14 of the Revised Code or   72           

the department of mental retardation and developmental             73           

disabilities pursuant to section 5123.13 of the Revised Code;      74           

      (g)  An enforcement agent of the department of public        77           

safety whom the director of public safety designates under         79           

section 5502.14 of the Revised Code.                                            

      (2)  Every person who is appointed on a temporary basis or   81           

for a probationary term or on other than a permanent basis as any  82           

of the following shall forfeit the appointed position unless the   84           

person previously has completed satisfactorily or, within the      85           

time prescribed by rules adopted by the attorney general pursuant  86           

to section 109.74 of the Revised Code, satisfactorily completes a  87           

                                                          3      


                                                                 
state, county, municipal, or department of natural resources       88           

peace officer basic training program for temporary or              89           

probationary officers and is awarded a certificate by the          90           

director attesting to the satisfactory completion of the program:  91           

      (a)  A peace officer of any county, township, municipal      93           

corporation, regional transit authority, or metropolitan housing   94           

authority;                                                                      

      (b)  A natural resources law enforcement staff officer,      96           

park officer, forest officer, preserve officer, wildlife officer,  98           

or state watercraft officer of the department of natural           99           

resources;                                                                      

      (c)  An employee of a park district under section 511.232    101          

or 1545.13 of the Revised Code;                                    102          

      (d)  An employee of a conservancy district who is            104          

designated pursuant to section 6101.75 of the Revised Code;        105          

      (e)  A special police officer employed by the department of  107          

mental health pursuant to section 5119.14 of the Revised Code or   108          

the department of mental retardation and developmental             109          

disabilities pursuant to section 5123.13 of the Revised Code;      110          

      (f)  An enforcement agent of the department of public        113          

safety whom the director of public safety designates under         115          

section 5502.14 of the Revised Code.                                            

      (3)  For purposes of division (B) of this section, a state,  117          

county, municipal, or department of natural resources peace        118          

officer basic training program, regardless of whether the program  119          

is to be completed by peace officers appointed on a permanent or   120          

temporary, probationary, or other nonpermanent basis, shall        121          

include at least fifteen hours of training in the handling of the  122          

offense of domestic violence, other types of domestic              123          

violence-related offenses and incidents, and protection orders     124          

and consent agreements issued or approved under section 2919.26    125          

or 3113.31 of the Revised Code and at least six hours of crisis    126          

intervention training.  The requirement to complete fifteen hours  127          

of training in the handling of the offense of domestic violence,   128          

                                                          4      


                                                                 
other types of domestic violence-related offenses and incidents,   129          

and protection orders and consent agreements issued or approved    130          

under section 2919.26 or 3113.31 of the Revised Code does not      131          

apply to any person serving as a peace officer on March 27, 1979,  132          

and the requirement to complete six hours of training in crisis    133          

intervention does not apply to any person serving as a peace       134          

officer on April 4, 1985.  Any person who is serving as a peace    135          

officer on April 4, 1985, who terminates that employment after     136          

that date, and who subsequently is hired as a peace officer by     137          

the same or another law enforcement agency shall complete the six  138          

hours of training in crisis intervention within the time           139          

prescribed by rules adopted by the attorney general pursuant to    140          

section 109.742 of the Revised Code.  No peace officer shall have  141          

employment as a peace officer terminated and then be reinstated    142          

with intent to circumvent this section.                            143          

      (4)  Division (B) of this section does not apply to any      145          

person serving on a permanent basis on March 28, 1985, as a park   146          

officer, forest officer, preserve officer, wildlife officer, or    147          

state watercraft officer of the department of natural resources    148          

or as an employee of a park district under section 511.232 or      149          

1545.13 of the Revised Code, to any person serving on a permanent  150          

basis on March 6, 1986, as an employee of a conservancy district   151          

designated pursuant to section 6101.75 of the Revised Code, to     152          

any person serving on a permanent basis on January 10, 1991, as a  153          

preserve officer of the department of natural resources, to any    155          

person employed on a permanent basis on July 2, 1992, as a                      

special police officer by the department of mental health          157          

pursuant to section 5119.14 of the Revised Code or by the          158          

department of mental retardation and developmental disabilities    159          

pursuant to section 5123.13 of the Revised Code, or to any person  160          

serving on a permanent basis on June 19, 1978, as a state          161          

university law enforcement officer pursuant to section 3345.04 of  162          

the Revised Code and who, immediately prior to June 19, 1978, was  163          

serving as a special police officer designated under authority of  164          

                                                          5      


                                                                 
that section, OR TO ANY PERSON SERVING ON A PERMANENT BASIS ON     165          

SEPTEMBER 20, 1984, AS A LIQUOR CONTROL INVESTIGATOR, KNOWN AFTER  166          

JUNE 30, 1999, AS AN ENFORCEMENT AGENT OF THE DEPARTMENT OF        167          

PUBLIC SAFETY, ENGAGED IN THE ENFORCEMENT OF CHAPTERS 4301. AND    168          

4303. OF THE REVISED CODE.                                                      

      (5)  Division (B) of this section does not apply to any      170          

person who is appointed as a regional transit authority police     171          

officer pursuant to division (Y) of section 306.35 of the Revised  172          

Code if, on or before July 1, 1996, the person has completed       173          

satisfactorily an approved state, county, municipal, or            175          

department of natural resources peace officer basic training       176          

program and has been awarded a certificate by the executive                     

director of the Ohio peace officer training commission attesting   177          

to the person's satisfactory completion of such an approved        178          

program and if, on July 1, 1996, the person is performing peace    179          

officer functions for a regional transit authority.                180          

      (C)  No person, after September 20, 1984, shall receive an   182          

original appointment on a permanent basis as an Ohio veterans'     183          

home police officer designated under section 5907.02 of the        186          

Revised Code unless the person previously has been awarded a       187          

certificate by the executive director of the Ohio peace officer    188          

training commission attesting to the person's satisfactory         189          

completion of an approved police officer basic training program.   190          

Every person who is appointed on a temporary basis or for a        192          

probationary term or on other than a permanent basis as an Ohio    193          

veterans' home police officer designated under section 5907.02 of  194          

the Revised Code shall forfeit that position unless the person     195          

previously has completed satisfactorily or, within one year from   196          

the time of appointment, satisfactorily completes an approved      198          

police officer basic training program.                             199          

      (D)  No bailiff or deputy bailiff of a court of record of    201          

this state and no criminal investigator who is employed by the     202          

state public defender shall carry a firearm, as defined in         203          

section 2923.11 of the Revised Code, while on duty unless the      204          

                                                          6      


                                                                 
bailiff, deputy bailiff, or criminal investigator has done or      206          

received one of the following:                                                  

      (1)  Has been awarded a certificate by the executive         208          

director of the Ohio peace officer training commission, which      209          

certificate attests to satisfactory completion of an approved      210          

state, county, or municipal basic training program for bailiffs    211          

and deputy bailiffs of courts of record and for criminal           212          

investigators employed by the state public defender that has been  213          

recommended by the Ohio peace officer training commission;         214          

      (2)  Has successfully completed a firearms training program  217          

approved by the Ohio peace officer training commission prior to    218          

employment as a bailiff, deputy bailiff, or criminal               219          

investigator;                                                                   

      (3)  Prior to June 6, 1986, was authorized to carry a        222          

firearm by the court that employed the bailiff or deputy bailiff   223          

or, in the case of a criminal investigator, by the state public    225          

defender and has received training in the use of firearms that     226          

the Ohio peace officer training commission determines is           227          

equivalent to the training that otherwise is required by division  228          

(D) of this section.                                               229          

      (E)(1)  Prior to awarding any certificate prescribed in      232          

this section, the executive director of the Ohio peace officer     233          

training commission shall request the person to whom the           234          

certificate is to be awarded to disclose, and the person shall     235          

disclose, any previous criminal conviction of or plea of guilty    236          

of that person to a felony.                                                     

      (2)  Prior to the award by the executive director of the     239          

commission of any certificate prescribed in this section, the      240          

prospective employer of the person to whom the certificate is to   241          

be awarded or the commander of the peace officer training school   242          

attended by that person shall request the bureau of criminal                    

identification and investigation to conduct a criminal history     244          

records check on the person.  Upon receipt of the request, the     245          

bureau promptly shall conduct a criminal history records check on  246          

                                                          7      


                                                                 
the person and, upon completion of the check, promptly shall                    

provide a copy of the criminal history records check to the        247          

prospective employer or peace officer training school commander    248          

that made the request. Upon receipt of the copy of the criminal    250          

history records check from the bureau, the prospective employer                 

or peace officer training school commander that made the request   251          

shall submit the copy to the executive director of the Ohio peace  253          

officer training commission.  The executive director shall not     254          

award any certificate prescribed in this section unless the        255          

executive director has received a copy of the criminal history                  

records check on the person to whom the certificate is to be       256          

awarded.                                                                        

      (3)  The executive director of the commission shall not      258          

award a certificate prescribed in this section to a person who     259          

has been convicted of or has pleaded guilty to a felony or who     260          

fails to disclose any previous criminal conviction of or plea of   261          

guilty to a felony as required under division (E)(1) of this       262          

section.                                                                        

      (4)  The executive director of the commission shall revoke   264          

the certificate awarded to a person as prescribed in this          265          

section, and that person shall forfeit all of the benefits         266          

derived from being certified as a peace officer under this         267          

section, if the person, prior to the award of the certificate,     268          

failed to disclose any previous criminal conviction of or plea of  269          

guilty to a felony as required under division (E)(1) of this       271          

section.                                                                        

      (F)(1)  Regardless of whether the person has been awarded    273          

the certificate or has been classified as a peace officer prior    274          

to, on, or after October 16, 1996, the executive director of the   278          

Ohio peace officer training commission shall revoke any            279          

certificate that has been awarded to a person as prescribed in     280          

this section if the person does either of the following:           281          

      (a)  Pleads guilty to a felony committed on or after         283          

January 1, 1997.                                                   284          

                                                          8      


                                                                 
      (b)  Pleads guilty to a misdemeanor committed on or after    287          

January 1, 1997, pursuant to a negotiated plea agreement as        288          

provided in division (D) of section 2929.29 of the Revised Code    289          

in which the person agrees to surrender the certificate awarded    291          

to the person under this section.                                  292          

      (2)  The executive director of the commission shall suspend  294          

any certificate that has been awarded to a person as prescribed    295          

in this section if the person is convicted, after trial, of a      296          

felony committed on or after January 1, 1997.  The executive       298          

director shall suspend the certificate pursuant to division        299          

(F)(2) of this section pending the outcome of an appeal by the     300          

person from that conviction to the highest court to which the      302          

appeal is taken or until the expiration of the period in which an  303          

appeal is required to be filed.  If the person files an appeal     304          

that results in that person's acquittal of the felony or           305          

conviction of a misdemeanor, or in the dismissal of the felony     306          

charge against that person, the executive director shall           307          

reinstate the certificate awarded to the person under this         308          

section.  If the person files an appeal from that person's                      

conviction of the felony and the conviction is upheld by the       310          

highest court to which the appeal is taken or if the person does   311          

not file a timely appeal, the executive director shall revoke the  312          

certificate awarded to the person under this section.              313          

      (G)(1)  If a person is awarded a certificate under this      316          

section and the certificate is revoked pursuant to division                     

(E)(4) or (F) of this section, the person shall not be eligible    318          

to receive, at any time, a certificate attesting to the person's   319          

satisfactory completion of a peace officer basic training          320          

program.                                                                        

      (2)  The revocation or suspension of a certificate under     322          

division (E)(4) or (F) of this section shall be in accordance      323          

with Chapter 119. of the Revised Code.                             324          

      (H)(1)  A person who was employed as a peace officer of a    326          

county, township, or municipal corporation of the state on         327          

                                                          9      


                                                                 
January 1, 1966, and who has completed at least sixteen years of   328          

full-time active service as such a peace officer may receive an    329          

original appointment on a permanent basis and serve as a peace     330          

officer of a county, township, or municipal corporation, or as a   331          

state university law enforcement officer, without complying with   332          

the requirements of division (B) of this section.                  333          

      (2)  Any person who held an appointment as a state highway   335          

trooper on January 1, 1966, may receive an original appointment    336          

on a permanent basis and serve as a peace officer of a county,     337          

township, or municipal corporation, or as a state university law   338          

enforcement officer, without complying with the requirements of    339          

division (B) of this section.                                      340          

      (I)  No person who is appointed as a peace officer of a      342          

county, township, or municipal corporation on or after April 9,    343          

1985, shall serve as a peace officer of that county, township, or  344          

municipal corporation unless the person has received training in   345          

the handling of missing children and child abuse and neglect       346          

cases from an approved state, county, township, or municipal       347          

police officer basic training program or receives the training     348          

within the time prescribed by rules adopted by the attorney        349          

general pursuant to section 109.741 of the Revised Code.           350          

      (J)  No part of any approved state, county, or municipal     352          

basic training program for bailiffs and deputy bailiffs of courts  353          

of record and no part of any approved state, county, or municipal  354          

basic training program for criminal investigators employed by the  355          

state public defender shall be used as credit toward the           356          

completion by a peace officer of any part of the approved state,   357          

county, or municipal peace officer basic training program that     358          

the peace officer is required by this section to complete          359          

satisfactorily.                                                    360          

      (K)  This section does not apply to any member of the        362          

police department of a municipal corporation in an adjoining       363          

state serving in this state under a contract pursuant to section   364          

737.04 of the Revised Code.                                        365          

                                                          10     


                                                                 
      Sec. 3781.111.  (A)  In addition to the powers conferred by  374          

any other section of the Revised Code, the board of building       375          

standards shall adopt standards and rules to facilitate the        376          

reasonable access and use by all handicapped persons of all        377          

buildings and the facilities of buildings for which plans are      378          

submitted for approval under section 3791.04 of the Revised Code.  379          

No standard or rule shall be applied to any building the plans or  380          

drawings, specifications, and date of which have been approved     381          

prior to the time that the standard or rule takes effect.          382          

      (B)  Except as otherwise provided in this section, the       384          

standards and rules adopted by the board pursuant to this section  385          

shall be in accordance with THE "The Americans With WITH           386          

Disabilities Act of 1990," 104 Stat. 327, 42 U.S.C.A. 12101, as    388          

amended, and THE "The Fair Housing Amendments ACT of 1988," 102    389          

Stat. 1619, 42 U.S.C.A. 3601, as amended.                          390          

      (C)  All signs posted to designate special parking           392          

locations for handicapped persons and persons with disabilities    393          

that limit or impair the ability to walk in accordance with        394          

division (E) of section 4511.69 of the Revised Code and the        395          

standards and rules adopted pursuant to this section shall be      396          

mounted on a fixed or movable post or otherwise affixed in a       397          

vertical position at a height so that the sign is clearly visible  398          

to the driver of a vehicle when parked in such a location.  IF A   399          

NEW SIGN OR A REPLACEMENT SIGN DESIGNATING A SPECIAL PARKING       400          

LOCATION IS POSTED ON OR AFTER THE EFFECTIVE DATE OF THIS          401          

AMENDMENT, THERE ALSO SHALL BE AFFIXED UPON THE SURFACE OF THAT    402          

SIGN OR AFFIXED NEXT TO THE DESIGNATING SIGN A NOTICE THAT STATES  403          

THE FINE APPLICABLE FOR THE OFFENSE OF PARKING A MOTOR VEHICLE IN  404          

THE SPECIAL DESIGNATED PARKING LOCATION IF THE MOTOR VEHICLE IS    405          

NOT LEGALLY ENTITLED TO BE PARKED IN THAT LOCATION.                406          

      (D)  As used in this section, "handicapped person" has the   408          

same meaning as in section 4112.01 of the Revised Code.  As used   409          

in division (C) of this section, "persons with disabilities that   410          

limit or impair the ability to walk" has the same meaning as in    411          

                                                          11     


                                                                 
division (A)(1) of section 4503.44 of the Revised Code.            412          

      (E)  No owner of a building or facility where special        414          

parking locations for handicapped persons must be designated in    415          

accordance with the standards and rules adopted pursuant to this   416          

section shall fail to properly mark the special parking locations  417          

as required by those standards and rules or fail to maintain the   418          

markings of the special parking locations, including the erection  419          

and maintenance of the fixed or movable signs.                     420          

      Sec. 4503.44.  (A)  As used in this section and in section   429          

4511.69 of the Revised Code:                                       430          

      (1)  "Person with a disability that limits or impairs the    432          

ability to walk" means any person who, as determined by a          433          

physician or chiropractor, meets any of the following criteria:    434          

      (a)  Cannot walk two hundred feet without stopping to rest;  436          

      (b)  Cannot walk without the use of, or assistance from, a   438          

brace, cane, crutch, another person, prosthetic device,            439          

wheelchair, or other assistive device;                             440          

      (c)  Is restricted by a lung disease to such an extent that  442          

the person's forced (respiratory) expiratory volume for one        443          

second, when measured by spirometry, is less than one liter, or    444          

the arterial oxygen tension is less than sixty millimeters of      445          

mercury on room air at rest;                                                    

      (d)  Uses portable oxygen;                                   447          

      (e)  Has a cardiac condition to the extent that the          449          

person's functional limitations are classified in severity as      450          

class III or class IV according to standards set by the American   451          

heart association;                                                              

      (f)  Is severely limited in the ability to walk due to an    453          

arthritic, neurological, or orthopedic condition;                  454          

      (g)  Is blind.                                               456          

      (2)  "Organization" means any private organization or        458          

corporation, or any governmental board, agency, department,        459          

division, or office, that, as part of its business or program,     460          

transports persons with disabilities that limit or impair the      461          

                                                          12     


                                                                 
ability to walk on a regular basis in a motor vehicle that has     463          

not been altered for the purpose of providing it with special      464          

equipment for use by handicapped persons.  This definition does                 

not apply to division (J) of this section.                         465          

      (3)  "Physician" means a person licensed to practice         467          

medicine or surgery or osteopathic medicine and surgery under      468          

Chapter 4731. of the Revised Code.                                 469          

      (4)  "Chiropractor" means a person licensed to practice      471          

chiropractic under Chapter 4734. of the Revised Code.              472          

      (B)  Any organization or person with a disability that       474          

limits or impairs the ability to walk may apply to the registrar   477          

of motor vehicles for a removable windshield placard or, if the    478          

person owns or leases a motor vehicle, the person may apply for    479          

the registration of any motor vehicle the person owns or leases.   480          

In addition to one or more sets of license plates or one placard,  481          

a person with a disability that limits or impairs the ability to   482          

walk shall be IS entitled to one additional placard, BUT ONLY IF   483          

THE PERSON APPLIES SEPARATELY FOR THE ADDITIONAL PLACARD, STATES   485          

THE REASONS WHY THE ADDITIONAL PLACARD IS NEEDED, AND THE          486          

REGISTRAR, IN THE REGISTRAR'S DISCRETION, DETERMINES THAT GOOD     487          

AND JUSTIFIABLE CAUSE EXISTS TO APPROVE THE REQUEST FOR THE        488          

ADDITIONAL PLACARD.  When a motor vehicle has been altered for     490          

the purpose of providing it with special equipment for a person    491          

with a disability that limits or impairs the ability to walk, but  492          

is owned or leased by someone other than such a person, the owner  493          

or lessee may apply to the registrar or a deputy registrar for     494          

registration under this section.  The application for              495          

REGISTRATION OF a removable windshield placard made MOTOR VEHICLE  496          

OWNED OR LEASED by a person with a disability that limits or       497          

impairs the ability to walk or for registration of a motor         498          

vehicle owned or leased by such a person shall be accompanied by   499          

a signed statement from the applicant's personal physician or      500          

chiropractor certifying that the applicant meets at least one of   501          

the criteria contained in division (A)(1) of this section and      503          

                                                          13     


                                                                 
that the disability is expected to continue for more than six      504          

consecutive months.  THE APPLICATION FOR A REMOVABLE WINDSHIELD    505          

PLACARD MADE BY A PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS  506          

THE ABILITY TO WALK SHALL BE ACCOMPANIED BY A PRESCRIPTION FROM    507          

THE APPLICANT'S PERSONAL PHYSICIAN OR CHIROPRACTOR PRESCRIBING     508          

SUCH A PLACARD FOR THE APPLICANT, AND BY A SIGNED STATEMENT        509          

CERTIFYING THAT THE APPLICANT MEETS AT LEAST ONE OF THE CRITERIA   510          

CONTAINED IN DIVISION (A)(1) OF THIS SECTION.  THE PHYSICIAN OR    511          

CHIROPRACTOR SHALL STATE ON THE PRESCRIPTION THE LENGTH OF TIME    512          

THE PHYSICIAN OR CHIROPRACTOR EXPECTS THE APPLICANT TO HAVE THE    513          

DISABILITY THAT LIMITS OR IMPAIRS THE APPLICANT'S ABILITY TO       515          

WALK.  The application for a removable windshield placard made by  516          

an organization shall be accompanied by such documentary evidence  517          

of regular transport of persons with disabilities that limit or    518          

impair the ability to walk by the organization as the registrar    520          

may require by rule and shall be completed in accordance with      521          

procedures that the registrar may require by rule.  The            522          

application for registration of a motor vehicle that has been      523          

altered for the purpose of providing it with special equipment     524          

for a person with a disability that limits or impairs the ability               

to walk but is owned by someone other than such a person shall be  526          

accompanied by such documentary evidence of vehicle alterations    527          

as the registrar may require by rule.                              528          

      (C)  When an organization, a person with a disability that   531          

limits or impairs the ability to walk, or a person who does not    532          

have a disability that limits or impairs the ability to walk but                

owns a motor vehicle that has been altered for the purpose of      534          

providing it with special equipment for a person with a            535          

disability that limits or impairs the ability to walk first        536          

submits an application for registration of a motor vehicle under   537          

this section and every fifth year thereafter, the organization or  538          

person shall submit a signed statement from the applicant's        539          

personal physician or chiropractor or, A COMPLETED APPLICATION,    540          

AND ANY REQUIRED documentary evidence of vehicle alterations as    541          

                                                          14     


                                                                 
provided in division (B) of this section, and also a power of      542          

attorney from the owner of the motor vehicle if the applicant      543          

leases the vehicle.  Upon submission of these items, the           545          

registrar or deputy registrar shall issue to the applicant                      

appropriate vehicle registration and a set of license plates and   546          

validation stickers, or validation stickers alone when required    547          

by section 4503.191 of the Revised Code.  In addition to the       548          

letters and numbers ordinarily inscribed thereon, the license      549          

plates shall be imprinted with the international symbol of         550          

access.  The license plates and validation stickers shall be       551          

issued upon payment of the regular license fee as prescribed       552          

under section 4503.04 of the Revised Code and any motor vehicle    553          

tax levied under Chapter 4504. of the Revised Code, and the        554          

payment of a service fee equal to the amount specified in          555          

division (D) or (G) of section 4503.10 of the Revised Code.        556          

      (D)(1)  Upon receipt of an A COMPLETED AND SIGNED            558          

application for a removable windshield placard and presentation    561          

of a signed statement from the applicant's personal physician or   562          

chiropractor as provided in division (B) of this section, if       563          

required, or presentation of, A PRESCRIPTION AS DESCRIBED IN       564          

DIVISION (B) OF THIS SECTION, documentary evidence of regular      566          

transport of persons with disabilities that limit or impair the    567          

ability to walk, if required, and, except as otherwise provided    568          

in division (F) of this section, payment of a fee of five          569          

dollars, and the payment of a service fee equal to the amount      570          

specified in division (D) or (G) of section 4503.10 of the         571          

Revised Code, the registrar or deputy registrar shall issue to     573          

the applicant a removable windshield placard, which shall bear     574          

the date of expiration on both sides of the placard, in numerals   575          

at least one inch in height, and printed in white on a             576          

blue-colored background, and shall be valid until expired,         578          

revoked, or surrendered.  Every removable windshield placard       579          

shall expire on the last day of the month in the fifth year after  580          

the date it is issued EXPIRES AS DESCRIBED IN DIVISION (D)(2) OF   581          

                                                          15     


                                                                 
THIS SECTION, BUT IN NO CASE SHALL A REMOVABLE WINDSHIELD PLACARD  582          

BE VALID FOR A PERIOD OF LESS THAN SIXTY DAYS.  Removable          583          

windshield placards shall be renewable upon application as         584          

provided in division (B) of this section, and a service fee equal  585          

to the amount specified in division (D) or (G) of section 4503.10  586          

of the Revised Code shall be charged for the renewal of a          587          

removable windshield placard.  An additional renewal fee of five   589          

dollars shall be charged if the previous parking card or                        

removable windshield placard expired more than six months prior    590          

to the date of application for renewal.  The registrar shall       592          

provide the application form and shall determine the information   593          

to be included thereon.  The registrar also shall determine the    594          

form and size of the removable windshield placard, the material    595          

of which it is to be made, and any other information to be         596          

included thereon, and shall adopt rules relating to the issuance,  597          

expiration, revocation, surrender, and proper display of such      598          

placards.  ANY PLACARD ISSUED AFTER THE EFFECTIVE DATE OF THIS     599          

AMENDMENT SHALL BE MANUFACTURED IN A MANNER THAT ALLOWS THE        600          

EXPIRATION DATE OF THE PLACARD TO BE INDICATED ON IT THROUGH THE   602          

PUNCHING, DRILLING, BORING, OR CREATION BY ANY OTHER MEANS OF      603          

HOLES IN THE PLACARD.                                                           

      (2)  AT THE TIME A REMOVABLE WINDSHIELD PLACARD IS ISSUED    606          

TO A PERSON WITH A DISABILITY THAT LIMITS OR IMPAIRS THE ABILITY   607          

TO WALK, THE REGISTRAR OR DEPUTY REGISTRAR SHALL ENTER INTO THE    608          

RECORDS OF THE BUREAU OF MOTOR VEHICLES THE LAST DATE ON WHICH     609          

THE PERSON WILL HAVE THAT DISABILITY, AS INDICATED ON THE          610          

ACCOMPANYING PRESCRIPTION.  NOT LESS THAN THIRTY DAYS PRIOR TO     611          

THAT DATE AND ALL REMOVABLE WINDSHIELD PLACARD RENEWAL DATES, THE               

BUREAU SHALL SEND A RENEWAL NOTICE TO THAT PERSON AT THE PERSON'S  613          

LAST KNOWN ADDRESS AS SHOWN IN THE RECORDS OF THE BUREAU,          614          

INFORMING THE PERSON THAT THE PERSON'S REMOVABLE WINDSHIELD        615          

PLACARD WILL EXPIRE ON THE INDICATED DATE NOT TO EXCEED FIVE       616          

YEARS FROM THE DATE OF ISSUANCE, AND THAT THE PERSON IS REQUIRED   617          

TO RENEW THE PLACARD BY SUBMITTING TO THE REGISTRAR OR A DEPUTY    618          

                                                          16     


                                                                 
REGISTRAR ANOTHER PRESCRIPTION, AS DESCRIBED IN DIVISION (B) OF    620          

THIS SECTION, AND BY COMPLYING WITH THE RENEWAL PROVISIONS         621          

PRESCRIBED IN DIVISION (D)(1) OF THIS SECTION.  IF SUCH A          623          

PRESCRIPTION IS NOT RECEIVED BY THE REGISTRAR OR A DEPUTY                       

REGISTRAR BY THAT DATE, THE PLACARD ISSUED TO THAT PERSON EXPIRES  625          

AND NO LONGER IS VALID, AND THIS FACT SHALL BE RECORDED IN THE     626          

RECORDS OF THE BUREAU.                                                          

      (3)  AT LEAST ONCE EVERY YEAR, ON A DATE DETERMINED BY THE   629          

REGISTRAR, THE BUREAU SHALL EXAMINE THE RECORDS OF THE OFFICE OF   630          

VITAL STATISTICS, LOCATED WITHIN THE DEPARTMENT OF HEALTH, THAT    631          

PERTAIN TO DECEASED PERSONS, AND ALSO THE BUREAU'S RECORDS OF ALL  632          

PERSONS WHO HAVE BEEN ISSUED REMOVABLE WINDSHIELD PLACARDS AND     633          

TEMPORARY REMOVABLE WINDSHIELD PLACARDS.  IF THE RECORDS OF THE    634          

OFFICE OF VITAL STATISTICS INDICATE THAT A PERSON TO WHOM A        635          

REMOVABLE WINDSHIELD PLACARD OR TEMPORARY REMOVABLE WINDSHIELD     636          

PLACARD HAS BEEN ISSUED IS DECEASED, THE BUREAU SHALL CANCEL THAT  637          

PLACARD, AND NOTE THE CANCELLATION IN ITS RECORDS.                 638          

      THE OFFICE OF VITAL STATISTICS SHALL MAKE AVAILABLE TO THE   641          

BUREAU ALL INFORMATION NECESSARY TO ENABLE THE BUREAU TO COMPLY    642          

WITH DIVISION (D)(3) OF THIS SECTION.                                           

      (4)  Nothing in this section shall be construed to require   644          

a person or organization to apply for a removable windshield       645          

placard or special license plates if the parking card or special   646          

license plates issued to the person or organization under prior    647          

law have not expired or been surrendered or revoked.                            

      (E)  Any person with a disability that limits or impairs     649          

the ability to walk may apply to the registrar or a deputy         651          

registrar for a temporary removable windshield placard.  The       652          

application for a temporary removable windshield placard shall be  653          

accompanied by a signed statement PRESCRIPTION from the            654          

applicant's personal physician or chiropractor PRESCRIBING SUCH A  655          

PLACARD FOR THE APPLICANT, AND BY A SIGNED STATEMENT certifying    656          

that the applicant meets at least one of the criteria contained    657          

in division (A)(1) of this section and that the disability is      658          

                                                          17     


                                                                 
expected to continue for six consecutive months or less.  THE      660          

PHYSICIAN OR CHIROPRACTOR SHALL STATE ON THE PRESCRIPTION THE                   

LENGTH OF TIME THE PHYSICIAN OR CHIROPRACTOR EXPECTS THE           661          

APPLICANT TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE        662          

APPLICANT'S ABILITY TO WALK, WHICH CANNOT EXCEED SIX MONTHS FROM   663          

THE DATE OF THE PRESCRIPTION.  Upon receipt of an application for  665          

a temporary removable windshield placard, presentation of the      666          

PRESCRIPTION AND THE signed statement from the applicant's         667          

personal physician or chiropractor, payment of a fee of five       668          

dollars, and payment of a service fee equal to the amount          669          

specified in division (D) or (G) of section 4503.10 of the         670          

Revised Code, the registrar or deputy registrar shall issue to     671          

the applicant a temporary removable windshield placard.  The       672          

temporary removable windshield placard shall be of the same size   673          

and form as the removable windshield placard, shall be printed in  674          

white on a red-colored background, AND shall bear the word         675          

"temporary" in letters of such size as the registrar shall         676          

prescribe,.  A TEMPORARY REMOVABLE WINDSHIELD PLACARD also shall   677          

bear the date of expiration on the front and back of the placard,  678          

in numerals at least one inch in height, and shall be valid until  679          

expired, surrendered, or revoked, BUT IN NO CASE SHALL SUCH A      680          

PLACARD BE VALID FOR A PERIOD OF LESS THAN SIXTY DAYS.  The        681          

registrar shall provide the application form and shall determine   683          

the information to be included on it.  The registrar also shall    684          

determine the material of which the temporary removable            685          

windshield placard is to be made and any other information to be   686          

included on the placard and shall adopt rules relating to the      687          

issuance, expiration, surrender, revocation, and proper display    688          

of those placards.  ANY TEMPORARY REMOVABLE WINDSHIELD PLACARD     689          

ISSUED AFTER THE EFFECTIVE DATE OF THIS AMENDMENT SHALL BE         690          

MANUFACTURED IN A MANNER THAT ALLOWS FOR THE EXPIRATION DATE OF    691          

THE PLACARD TO BE INDICATED ON IT THROUGH THE PUNCHING, DRILLING,  692          

BORING, OR CREATION BY ANY OTHER MEANS OF HOLES IN THE PLACARD.    694          

      (F)  If an applicant for a removable windshield placard or   696          

                                                          18     


                                                                 
a temporary removable windshield placard is a veteran of the       697          

armed forces of the United States whose disability, as defined in  698          

division (A)(1) of this section, is service-connected, the         699          

registrar or deputy registrar, upon receipt of the application,    700          

presentation of a signed statement from the applicant's personal   702          

physician or chiropractor certifying the period for which the      703          

applicant's disability is expected to continue, and presentation   704          

of such documentary evidence FROM THE DEPARTMENT OF VETERANS       705          

AFFAIRS that the disability OF THE APPLICANT MEETS AT LEAST ONE    706          

OF THE CRITERIA IDENTIFIED IN DIVISION (A)(1) OF THIS SECTION AND  708          

is service-connected as the registrar may require by rule, but     710          

without the payment of any fee for issuance or of any service      711          

fee, shall issue the applicant a removable windshield placard or   712          

temporary removable windshield placard, as the case may be, that   714          

shall be IS valid until expired, surrendered, or revoked.          715          

      Upon a conviction of a violation of division (H), (I), or    717          

(J) of this section, the court shall report the conviction, and    718          

send the placard or parking card, if available, to the registrar,  720          

who shall thereupon SHALL revoke the privilege of using the        721          

placard or parking card and send notice in writing to the                       

placardholder or cardholder at that holder's last known address    723          

as shown in the records of the bureau of motor vehicles, and the   724          

placardholder or cardholder shall return the placard or card if    725          

not previously surrendered to the court, to the registrar within   726          

ten days following mailing of the notice.                                       

      Whenever a person to whom a removable windshield placard or  728          

parking card has been issued moves to another state, the person    729          

shall surrender the placard or card to the registrar; and          730          

whenever an organization to which a placard or card has been       731          

issued changes its place of operation to another state, the        732          

organization shall surrender the placard or card to the            733          

registrar.                                                                      

      (G)  Subject to the provisions of division (F) of section    735          

4511.69 of the Revised Code, the operator of a motor vehicle       736          

                                                          19     


                                                                 
displaying a removable windshield placard, temporary removable     737          

windshield placard, parking card, or the special license plates    738          

authorized by this section shall be IS entitled to park the motor  740          

vehicle in any special parking location reserved for persons with  741          

disabilities that limit or impair the ability to walk, also known  742          

as handicapped parking spaces or disability parking spaces.        743          

      (H)  No person or organization that is not eligible under    745          

division (B) or (E) of this section shall willfully and falsely    746          

represent that the person or organization is so eligible.          748          

      No person or organization shall display license plates       750          

issued under this section unless the license plates have been      751          

issued for the vehicle on which they are displayed and are valid.  752          

      (I)  No person or organization to which a removable          754          

windshield placard or temporary removable windshield placard is    755          

issued shall do either of the following:                           756          

      (1)  Display or permit the display of the placard on any     759          

motor vehicle when having reasonable cause to believe the motor    760          

vehicle is being used in connection with an activity that does     761          

not include providing transportation for persons with                           

disabilities that limit or impair the ability to walk;             762          

      (2)  Refuse to return or surrender the placard, when         764          

required.                                                                       

      (J)(1)  No person or organization to which a parking card    766          

is issued shall do either of the following:                        767          

      (a)  Display or permit the display of the parking card on    769          

any motor vehicle when having reasonable cause to believe the      770          

motor vehicle is being used in connection with an activity that    771          

does not include providing transportation for a handicapped        772          

person;                                                                         

      (b)  Refuse to return or surrender the parking card, when    774          

required.                                                                       

      (2)  As used in division (J) of this section:                776          

      (a)  "Handicapped person" means any person who has lost the  778          

use of one or both legs or one or both arms, who is blind, deaf,   779          

                                                          20     


                                                                 
or so severely handicapped as to be unable to move about without   780          

the aid of crutches or a wheelchair, or whose mobility is          781          

restricted by a permanent cardiovascular, pulmonary, or other                   

handicapping condition.                                            782          

      (b)  "Organization" means any private organization or        784          

corporation, or any governmental board, agency, department,        785          

division, or office, that, as part of its business or program,     786          

transports handicapped persons on a regular basis in a motor       787          

vehicle that has not been altered for the purposes of providing                 

it with special equipment for use by handicapped persons.          788          

      (K)  If a removable windshield placard, temporary removable  790          

windshield placard, or parking card is lost, destroyed, or         791          

mutilated, the placardholder or cardholder may obtain a duplicate  793          

by doing both of the following:                                                 

      (1)  Furnishing suitable proof of the loss, destruction, or  795          

mutilation to the registrar;                                       796          

      (2)  Paying a fee of five dollars for issuance, plus a       798          

service fee equal to the amount specified in division (D) or (G)   800          

of section 4503.10 of the Revised Code.                            801          

      Any placardholder or cardholder losing WHO LOSES a placard   803          

or card and, after obtaining a duplicate, finding FINDS the        805          

original, immediately shall surrender the original placard or      807          

card to the registrar.                                                          

      (L)  The registrar shall pay all fees received under this    809          

section for the issuance of removable windshield placards or       810          

temporary removable windshield placards or duplicate removable     811          

windshield placards or cards into the state treasury to the        812          

credit of the state bureau of motor vehicles fund created in       813          

section 4501.25 of the Revised Code.                                            

      (M)  For purposes of enforcing this section, every peace     815          

officer is deemed to be an agent of the registrar.  Any peace      816          

officer or any authorized employee of the bureau of motor          817          

vehicles who, in the performance of duties authorized by law,      818          

becomes aware of a person whose placard or parking card has been   819          

                                                          21     


                                                                 
revoked pursuant to this section, may confiscate that placard or                

parking card and return it to the registrar.  The registrar shall  820          

prescribe any forms used by law enforcement agencies in            821          

administering this section.                                                     

      No peace officer, law enforcement agency employing a peace   823          

officer, or political subdivision or governmental agency           824          

employing a peace officer, and no employee of the bureau shall be  825          

IS liable in a civil action for damages or loss to persons         827          

arising out of the performance of any duty required or authorized               

by this section.  As used in this division, "peace officer" has    828          

the same meaning as in division (B) of section 2935.01 of the      829          

Revised Code.                                                                   

      (N)  ALL APPLICATIONS FOR REGISTRATION OF MOTOR VEHICLES,    832          

REMOVABLE WINDSHIELD PLACARDS, AND TEMPORARY REMOVABLE WINDSHIELD  833          

PLACARDS ISSUED UNDER THIS SECTION, ALL RENEWAL NOTICES FOR SUCH   834          

ITEMS, AND ALL OTHER PUBLICATIONS ISSUED BY THE BUREAU THAT        836          

RELATE TO THIS SECTION SHALL SET FORTH THE CRIMINAL PENALTIES      837          

THAT MAY BE IMPOSED UPON A PERSON WHO VIOLATES ANY PROVISION       838          

RELATING TO SPECIAL LICENSE PLATES ISSUED UNDER THIS SECTION, THE  839          

PARKING OF VEHICLES DISPLAYING SUCH LICENSE PLATES, AND THE        840          

ISSUANCE, PROCUREMENT, USE, AND DISPLAY OF REMOVABLE WINDSHIELD    841          

PLACARDS AND TEMPORARY REMOVABLE WINDSHIELD PLACARDS ISSUED UNDER  842          

THIS SECTION.                                                                   

      Sec. 4511.69.  (A)  Every vehicle stopped or parked upon a   851          

roadway where there is an adjacent curb shall be stopped or        852          

parked with the right-hand wheels of the vehicle parallel with     853          

and not more than twelve inches from the right-hand curb, unless   854          

it is impossible to approach so close to the curb; in such case    855          

the stop shall be made as close to the curb as possible and only   856          

for the time necessary to discharge and receive passengers or to   857          

load or unload merchandise.  Local authorities may by ordinance    858          

MAY permit angle parking on any roadway under their jurisdiction,  859          

except that angle parking shall not be permitted on a state route  860          

within a municipal corporation unless an unoccupied roadway width  861          

                                                          22     


                                                                 
of not less than twenty-five feet is available for free-moving     862          

traffic.                                                           863          

      (B)  Local authorities may by ordinance MAY permit parking   865          

of vehicles with the left-hand wheels adjacent to and within       866          

twelve inches of the left-hand curb of a one-way roadway.          867          

      (C)  No vehicle or trackless trolley shall be stopped or     869          

parked on a road or highway with the vehicle or trackless trolley  870          

facing in a direction other than the direction of travel on that   871          

side of the road or highway.                                       872          

      (D)  Notwithstanding any statute or any rule, resolution,    874          

or ordinance adopted by any local authority, air compressors,      875          

tractors, trucks, and other equipment, while being used in the     876          

construction, reconstruction, installation, repair, or removal of  877          

facilities near, on, over, or under a street or highway, may       878          

stop, stand, or park where necessary in order to perform such      879          

work, provided a flagman FLAGPERSON is on duty or warning signs    880          

or lights are displayed as may be prescribed by the director of    882          

transportation.                                                                 

      (E)  Special parking locations and privileges for persons    884          

with disabilities that limit or impair the ability to walk, also   885          

known as handicapped parking spaces or disability parking spaces,  886          

shall be provided and designated by all political subdivisions     887          

and by the state and all agencies and instrumentalities thereof    888          

at all offices and facilities, where parking is provided, whether  889          

owned, rented, or leased, and at all publicly owned parking        890          

garages.  The locations shall be designated through the posting    891          

of an elevated sign, whether permanently affixed or movable,       892          

imprinted with the international symbol of access and shall be     893          

reasonably close to exits, entrances, elevators, and ramps.  All   894          

elevated signs posted in accordance with this division and         895          

division (B)(C) of section 3781.111 of the Revised Code shall be   897          

mounted on a fixed or movable post, and the distance from the      898          

ground to the top edge of the sign shall measure five feet. IF A   900          

NEW SIGN OR A REPLACEMENT SIGN DESIGNATING A SPECIAL PARKING                    

                                                          23     


                                                                 
LOCATION IS POSTED ON OR AFTER THE EFFECTIVE DATE OF THIS          901          

AMENDMENT, THERE ALSO SHALL BE AFFIXED UPON THE SURFACE OF THAT    902          

SIGN OR AFFIXED NEXT TO THE DESIGNATING SIGN A NOTICE THAT STATES  904          

THE FINE APPLICABLE FOR THE OFFENSE OF PARKING A MOTOR VEHICLE IN  905          

THE SPECIAL DESIGNATED PARKING LOCATION IF THE MOTOR VEHICLE IS    906          

NOT LEGALLY ENTITLED TO BE PARKED IN THAT LOCATION.                907          

      (F)(1)  No person shall stop, stand, or park any motor       909          

vehicle at special parking locations provided under division (E)   910          

of this section or at special clearly marked parking locations     911          

provided in or on privately owned parking lots, parking garages,   912          

or other parking areas and designated in accordance with that      913          

division, unless one of the following applies:                     914          

      (1)(a)  The motor vehicle is being operated by or for the    916          

transport of a person with a disability that limits or impairs     917          

the ability to walk and is displaying a valid removable            918          

windshield placard or special license plates;                      919          

      (2)(b)  The motor vehicle is being operated by or for the    921          

transport of a handicapped person and is displaying a parking      922          

card or special handicapped license plates.                        923          

      (2)  ANY MOTOR VEHICLE THAT IS PARKED IN A SPECIAL MARKED    925          

PARKING LOCATION IN VIOLATION OF DIVISION (F)(1)(a) OR (b) OF      928          

THIS SECTION MAY BE TOWED OR OTHERWISE REMOVED FROM THE PARKING    929          

LOCATION BY THE LAW ENFORCEMENT AGENCY OF THE POLITICAL            930          

SUBDIVISION IN WHICH THE PARKING LOCATION IS LOCATED.  A MOTOR                  

VEHICLE THAT IS SO TOWED OR REMOVED SHALL NOT BE RELEASED TO ITS   931          

OWNER UNTIL THE OWNER PRESENTS PROOF OF OWNERSHIP OF THE MOTOR     932          

VEHICLE AND PAYS ALL TOWING AND STORAGE FEES NORMALLY IMPOSED BY   933          

THAT POLITICAL SUBDIVISION FOR TOWING AND STORING MOTOR VEHICLES.  934          

IF THE MOTOR VEHICLE IS A LEASED VEHICLE, IT SHALL NOT BE          935          

RELEASED TO THE LESSEE UNTIL THE LESSEE PRESENTS PROOF THAT THAT                

PERSON IS THE LESSEE OF THE MOTOR VEHICLE AND PAYS ALL TOWING AND  936          

STORAGE FEES NORMALLY IMPOSED BY THAT POLITICAL SUBDIVISION FOR    937          

TOWING AND STORING MOTOR VEHICLES.                                 938          

      (3)  IF A PERSON IS CHARGED WITH A VIOLATION OF DIVISION     941          

                                                          24     


                                                                 
(F)(1)(a) OR (b) OF THIS SECTION, IT IS AN AFFIRMATIVE DEFENSE TO  942          

THE CHARGE THAT THE PERSON SUFFERED AN INJURY NOT MORE THAN        943          

SEVENTY-TWO HOURS PRIOR TO THE TIME THE PERSON WAS ISSUED THE      945          

TICKET OR CITATION AND THAT, BECAUSE OF THE INJURY, THE PERSON     946          

MEETS AT LEAST ONE OF THE CRITERIA CONTAINED IN DIVISION (A)(1)    947          

OF SECTION 4503.44 OF THE REVISED CODE.                            949          

      (G)  When a motor vehicle is being operated by or for the    951          

transport of a person with a disability that limits or impairs     952          

the ability to walk and is displaying a removable windshield       953          

placard or a temporary removable windshield placard or special     954          

license plates, or when a motor vehicle is being operated by or    955          

for the transport of a handicapped person and is displaying a      956          

parking card or special handicapped license plates, the motor      957          

vehicle shall be IS permitted to park for a period of two hours    958          

in excess of the legal parking period permitted by local           960          

authorities, except where local ordinances or police rules         961          

provide otherwise or where the vehicle is parked in such a manner  962          

as to be clearly a traffic hazard.                                 963          

      (H)  No owner of an office, facility, or parking garage      965          

where special parking locations must ARE REQUIRED TO be            966          

designated in accordance with division (E) of this section shall   968          

fail to properly mark the special parking locations as required    969          

by IN ACCORDANCE WITH that division or fail to maintain the        971          

markings of the special locations, including the erection and      972          

maintenance of the fixed or movable signs.                                      

      (I)  Nothing in this section shall be construed to require   975          

a person or organization to apply for a removable windshield                    

placard or special license plates if the parking card or special   976          

license plates issued to the person or organization under prior    977          

law have not expired or been surrendered or revoked.               978          

      (J)  As used in this section:                                980          

      (1)  "Handicapped person" means any person who has lost the  982          

use of one or both legs or one or both arms, who is blind, deaf,   983          

or so severely handicapped as to be unable to move without the     984          

                                                          25     


                                                                 
aid of crutches or a wheelchair, or whose mobility is restricted   985          

by a permanent cardiovascular, pulmonary, or other handicapping    986          

condition.                                                         987          

      (2)  "Person with a disability that limits or impairs the    989          

ability to walk" has the same meaning as in section 4503.44 of     990          

the Revised Code.                                                  991          

      (3)  "Special license plates" and "removable windshield      993          

placard" mean any license plates or removable windshield placard   994          

or temporary removable windshield placard issued under section     995          

4503.41 or 4503.44 of the Revised Code, and also mean any          996          

substantially similar license plates or removable windshield       997          

placard or temporary removable windshield placard issued by a      998          

state, district, country, or sovereignty.                          999          

      Sec. 4511.99.  (A)  Whoever violates division (A) of         1,008        

section 4511.19 of the Revised Code, in addition to the license    1,009        

suspension or revocation provided in section 4507.16 of the        1,010        

Revised Code and any disqualification imposed under section        1,011        

4506.16 of the Revised Code, shall be punished as provided in      1,012        

division (A)(1), (2), (3), or (4) of this section.                 1,013        

      (1)  Except as otherwise provided in division (A)(2), (3),   1,015        

or (4) of this section, the offender is guilty of a misdemeanor    1,016        

of the first degree and the court shall sentence the offender to   1,017        

a term of imprisonment of three consecutive days and may sentence  1,018        

the offender pursuant to section 2929.21 of the Revised Code to a  1,019        

longer term of imprisonment.  In addition, the court shall impose  1,020        

upon the offender a fine of not less than two hundred and not      1,021        

more than one thousand dollars.                                    1,022        

      The court may suspend the execution of the mandatory three   1,024        

consecutive days of imprisonment that it is required to impose by  1,025        

this division, if the court, in lieu of the suspended term of      1,026        

imprisonment, places the offender on probation and requires the    1,027        

offender to attend, for three consecutive days, a drivers'         1,028        

intervention program that is certified pursuant to section         1,029        

3793.10 of the Revised Code.  The court also may suspend the       1,030        

                                                          26     


                                                                 
execution of any part of the mandatory three consecutive days of   1,031        

imprisonment that it is required to impose by this division, if    1,032        

the court places the offender on probation for part of the three   1,033        

consecutive days; requires the offender to attend, for that part   1,034        

of the three consecutive days, a drivers' intervention program     1,035        

that is certified pursuant to section 3793.10 of the Revised       1,036        

Code; and sentences the offender to a term of imprisonment equal   1,037        

to the remainder of the three consecutive days that the offender   1,038        

does not spend attending the drivers' intervention program.  The   1,039        

court may require the offender, as a condition of probation, to    1,040        

attend and satisfactorily complete any treatment or education      1,041        

programs that comply with the minimum standards adopted pursuant   1,042        

to Chapter 3793. of the Revised Code by the director of alcohol    1,043        

and drug addiction services, in addition to the required           1,044        

attendance at a drivers' intervention program, that the operators  1,045        

of the drivers' intervention program determine that the offender   1,046        

should attend and to report periodically to the court on the       1,047        

offender's progress in the programs.  The court also may impose    1,048        

any other conditions of probation on the offender that it          1,049        

considers necessary.                                               1,050        

      Of the fine imposed pursuant to this division, twenty-five   1,052        

dollars shall be paid to an enforcement and education fund         1,053        

established by the legislative authority of the law enforcement    1,054        

agency in this state that primarily was responsible for the        1,055        

arrest of the offender, as determined by the court that imposes    1,056        

the fine.  This share shall be used by the agency to pay only      1,057        

those costs it incurs in enforcing section 4511.19 of the Revised  1,058        

Code or a substantially similar municipal ordinance and in         1,059        

informing the public of the laws governing the operation of a      1,060        

motor vehicle while under the influence of alcohol, the dangers    1,061        

of operating a motor vehicle while under the influence of          1,062        

alcohol, and other information relating to the operation of a      1,063        

motor vehicle and the consumption of alcoholic beverages.          1,064        

Twenty-five dollars of the fine imposed pursuant to this division  1,065        

                                                          27     


                                                                 
shall be deposited into the county indigent drivers alcohol        1,066        

treatment fund or municipal indigent drivers alcohol treatment     1,067        

fund under the control of that court, as created by the county or  1,068        

municipal corporation pursuant to division (N) of section          1,069        

4511.191 of the Revised Code.  The balance of the fine shall be    1,070        

disbursed as otherwise provided by law.                            1,071        

      (2)(a)  Except as otherwise provided in division (A)(4) of   1,074        

this section, if, within six years of the offense, the offender    1,075        

has been convicted of or pleaded guilty to one violation of        1,076        

division (A) or (B) of section 4511.19 of the Revised Code, a      1,077        

municipal ordinance relating to operating a vehicle while under    1,078        

the influence of alcohol, a drug of abuse, or alcohol and a drug   1,079        

of abuse, a municipal ordinance relating to operating a vehicle    1,080        

with a prohibited concentration of alcohol in the blood, breath,   1,081        

or urine, section 2903.04 of the Revised Code in a case in which   1,082        

the offender was subject to the sanctions described in division    1,083        

(D) of that section, section 2903.06, 2903.07, or 2903.08 of the   1,085        

Revised Code or a municipal ordinance that is substantially                     

similar to section 2903.07 of the Revised Code in a case in which  1,086        

the jury or judge found that the offender was under the influence  1,087        

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  1,088        

statute of the United States or of any other state or a municipal  1,090        

ordinance of a municipal corporation located in any other state                 

that is substantially similar to division (A) or (B) of section    1,091        

4511.19 of the Revised Code, the offender is guilty of a           1,092        

misdemeanor of the first degree and, except as provided in this    1,093        

division, the court shall sentence the offender to a term of       1,094        

imprisonment of ten consecutive days and may sentence the          1,095        

offender pursuant to section 2929.21 of the Revised Code to a      1,096        

longer term of imprisonment.  As an alternative to the term of     1,097        

imprisonment required to be imposed by this division, but subject  1,098        

to division (A)(8) of this section, the court may impose upon the  1,099        

offender a sentence consisting of both a term of imprisonment of   1,100        

five consecutive days and not less than eighteen consecutive days  1,101        

                                                          28     


                                                                 
of electronically monitored house arrest as defined in division    1,102        

(A) of section 2929.23 of the Revised Code.  The five consecutive  1,103        

days of imprisonment and the period of electronically monitored    1,104        

house arrest shall not exceed six months.  The five consecutive    1,105        

days of imprisonment do not have to be served prior to or          1,106        

consecutively with the period of electronically monitored house    1,107        

arrest.                                                                         

      In addition, the court shall impose upon the offender a      1,109        

fine of not less than three hundred and not more than one          1,110        

thousand five hundred dollars.                                     1,111        

      In addition to any other sentence that it imposes upon the   1,113        

offender, the court may require the offender to attend a drivers'  1,114        

intervention program that is certified pursuant to section         1,115        

3793.10 of the Revised Code.  If the officials of the drivers'     1,116        

intervention program determine that the offender is alcohol        1,117        

dependent, they shall notify the court, and the court shall order  1,118        

the offender to obtain treatment through an alcohol and drug       1,119        

addiction program authorized by section 3793.02 of the Revised     1,120        

Code.  The cost of the treatment shall be paid by the offender.    1,121        

      Of the fine imposed pursuant to this division, thirty-five   1,123        

dollars shall be paid to an enforcement and education fund         1,124        

established by the legislative authority of the law enforcement    1,125        

agency in this state that primarily was responsible for the        1,126        

arrest of the offender, as determined by the court that imposes    1,127        

the fine.  This share shall be used by the agency to pay only      1,128        

those costs it incurs in enforcing division (A) of section         1,129        

4511.19 of the Revised Code or a substantially similar municipal   1,130        

ordinance and in informing the public of the laws governing the    1,131        

operation of a motor vehicle while under the influence of          1,132        

alcohol, the dangers of operating a motor vehicle while under the  1,133        

influence of alcohol, and other information relating to the        1,134        

operation of a motor vehicle and the consumption of alcoholic      1,135        

beverages.  Sixty-five dollars of the fine imposed pursuant to     1,136        

this division shall be paid to the political subdivision           1,137        

                                                          29     


                                                                 
responsible for housing the offender during the offender's term    1,139        

of incarceration.  This share shall be used by the political       1,140        

subdivision to pay or reimburse incarceration costs it incurs in   1,141        

housing persons who violate section 4511.19 of the Revised Code    1,142        

or a substantially similar municipal ordinance and to pay for      1,143        

ignition interlock devices and electronic house arrest equipment   1,144        

for persons who violate that section, and shall be paid to the     1,145        

credit of the fund that pays the cost of the incarceration.        1,146        

Fifty dollars of the fine imposed pursuant to this division shall  1,147        

be deposited into the county indigent drivers alcohol treatment    1,148        

fund or municipal indigent drivers alcohol treatment fund under    1,149        

the control of that court, as created by the county or municipal   1,150        

corporation pursuant to division (N) of section 4511.191 of the    1,151        

Revised Code.  The balance of the fine shall be disbursed as       1,152        

otherwise provided by law.                                         1,153        

      (b)  Regardless of whether the vehicle the offender was      1,155        

operating at the time of the offense is registered in the          1,156        

offender's name or in the name of another person, the court, in    1,158        

addition to the penalties imposed under division (A)(2)(a) of      1,159        

this section and all other penalties provided by law and subject   1,160        

to section 4503.235 of the Revised Code, shall order the           1,161        

immobilization for ninety days of the vehicle the offender was     1,162        

operating at the time of the offense and the impoundment for       1,163        

ninety days of the identification license plates of that vehicle.  1,164        

The order for the immobilization and impoundment shall be issued   1,165        

and enforced in accordance with section 4503.233 of the Revised    1,166        

Code.                                                                           

      (3)(a)  Except as otherwise provided in division (A)(4) of   1,169        

this section, if, within six years of the offense, the offender    1,170        

has been convicted of or pleaded guilty to two violations of       1,171        

division (A) or (B) of section 4511.19 of the Revised Code, a      1,172        

municipal ordinance relating to operating a vehicle while under    1,173        

the influence of alcohol, a drug of abuse, or alcohol and a drug   1,174        

of abuse, a municipal ordinance relating to operating a vehicle    1,175        

                                                          30     


                                                                 
with a prohibited concentration of alcohol in the blood, breath,   1,176        

or urine, section 2903.04 of the Revised Code in a case in which   1,177        

the offender was subject to the sanctions described in division    1,178        

(D) of that section, section 2903.06, 2903.07, or 2903.08 of the   1,180        

Revised Code or a municipal ordinance that is substantially                     

similar to section 2903.07 of the Revised Code in a case in which  1,181        

the jury or judge found that the offender was under the influence  1,182        

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  1,184        

statute of the United States or of any other state or a municipal  1,185        

ordinance of a municipal corporation located in any other state    1,186        

that is substantially similar to division (A) or (B) of section                 

4511.19 of the Revised Code, except as provided in this division,  1,187        

the court shall sentence the offender to a term of imprisonment    1,188        

of thirty consecutive days and may sentence the offender to a      1,189        

longer definite term of imprisonment of not more than one year.    1,190        

As an alternative to the term of imprisonment required to be       1,191        

imposed by this division, but subject to division (A)(8) of this   1,192        

section, the court may impose upon the offender a sentence         1,193        

consisting of both a term of imprisonment of fifteen consecutive   1,194        

days and not less than fifty-five consecutive days of              1,195        

electronically monitored house arrest as defined in division (A)   1,196        

of section 2929.23 of the Revised Code.  The fifteen consecutive   1,197        

days of imprisonment and the period of electronically monitored    1,198        

house arrest shall not exceed one year.  The fifteen consecutive   1,199        

days of imprisonment do not have to be served prior to or          1,200        

consecutively with the period of electronically monitored house    1,201        

arrest.                                                                         

      In addition, the court shall impose upon the offender a      1,203        

fine of not less than five hundred and not more than two thousand  1,204        

five hundred dollars.                                              1,205        

      In addition to any other sentence that it imposes upon the   1,207        

offender, the court shall require the offender to attend an        1,208        

alcohol and drug addiction program authorized by section 3793.02   1,209        

of the Revised Code.  The cost of the treatment shall be paid by   1,210        

                                                          31     


                                                                 
the offender.  If the court determines that the offender is        1,211        

unable to pay the cost of attendance at the treatment program,     1,213        

the court may order that payment of the cost of the offender's     1,214        

attendance at the treatment program be made from that court's      1,215        

indigent drivers alcohol treatment fund.                                        

      Of the fine imposed pursuant to this division, one hundred   1,217        

twenty-three dollars shall be paid to an enforcement and           1,218        

education fund established by the legislative authority of the     1,219        

law enforcement agency in this state that primarily was            1,220        

responsible for the arrest of the offender, as determined by the   1,221        

court that imposes the fine.  This share shall be used by the      1,222        

agency to pay only those costs it incurs in enforcing section      1,223        

4511.19 of the Revised Code or a substantially similar municipal   1,224        

ordinance and in informing the public of the laws governing the    1,225        

operation of a motor vehicle while under the influence of          1,226        

alcohol, the dangers of operating a motor vehicle while under the  1,227        

influence of alcohol, and other information relating to the        1,228        

operation of a motor vehicle and the consumption of alcoholic      1,229        

beverages.  Two hundred twenty-seven dollars of the fine imposed   1,230        

pursuant to this division shall be paid to the political           1,231        

subdivision responsible for housing the offender during the        1,232        

offender's term of incarceration.  This share shall be used by     1,234        

the political subdivision to pay or reimburse incarceration costs  1,235        

it incurs in housing persons who violate division (A) of section   1,236        

4511.19 of the Revised Code or a substantially similar municipal   1,237        

ordinance and to pay for ignition interlock devices and            1,238        

electronic house arrest equipment for persons who violate that     1,239        

section and shall be paid to the credit of the fund that pays the  1,240        

cost of incarceration.  The balance of the fine shall be           1,241        

disbursed as otherwise provided by law.                            1,242        

      (b)  Regardless of whether the vehicle the offender was      1,244        

operating at the time of the offense is registered in the          1,245        

offender's name or in the name of another person, the court, in    1,247        

addition to the penalties imposed under division (A)(3)(a) of      1,248        

                                                          32     


                                                                 
this section and all other penalties provided by law and subject   1,249        

to section 4503.235 of the Revised Code, shall order the           1,250        

immobilization for one hundred eighty days of the vehicle the      1,251        

offender was operating at the time of the offense and the          1,252        

impoundment for one hundred eighty days of the identification      1,253        

license plates of that vehicle.  The order for the immobilization  1,254        

and impoundment shall be issued and enforced in accordance with    1,255        

section 4503.233 of the Revised Code.                              1,256        

      (4)(a)  If, within six years of the offense, the offender    1,258        

has been convicted of or pleaded guilty to three or more           1,259        

violations of division (A) or (B) of section 4511.19 of the        1,260        

Revised Code, a municipal ordinance relating to operating a        1,261        

vehicle while under the influence of alcohol, a drug of abuse, or  1,262        

alcohol and a drug of abuse, a municipal ordinance relating to     1,263        

operating a vehicle with a prohibited concentration of alcohol in  1,264        

the blood, breath, or urine, section 2903.04 of the Revised Code   1,265        

in a case in which the offender was subject to the sanctions       1,266        

described in division (D) of that section, section 2903.06,        1,267        

2903.07, or 2903.08 of the Revised Code or a municipal ordinance   1,268        

that is substantially similar to section 2903.07 of the Revised    1,269        

Code in a case in which the jury or judge found that the offender  1,270        

was under the influence of alcohol, a drug of abuse, or alcohol    1,271        

and a drug of abuse, or a statute of the United States or of any   1,273        

other state or a municipal ordinance of a municipal corporation                 

located in any other state that is substantially similar to        1,274        

division (A) or (B) of section 4511.19 of the Revised Code, or if  1,275        

the offender previously has been convicted of or pleaded guilty    1,276        

to a violation of division (A) of section 4511.19 of the Revised   1,277        

Code under circumstances in which the violation was a felony and   1,278        

regardless of when the violation and the conviction or guilty      1,279        

plea occurred, the offender is guilty of a felony of the fourth    1,280        

degree.  The court shall sentence the offender in accordance with  1,281        

sections 2929.11 to 2929.19 of the Revised Code and shall impose                

as part of the sentence a mandatory term of local incarceration    1,282        

                                                          33     


                                                                 
of sixty consecutive days of imprisonment in accordance with       1,283        

division (G)(1) of section 2929.13 of the Revised Code or a        1,284        

mandatory prison term of sixty consecutive days of imprisonment    1,285        

in accordance with division (G)(2) of that section, whichever is   1,286        

applicable.  If the offender is required to serve a mandatory      1,287        

term of local incarceration of sixty consecutive days of           1,288        

imprisonment in accordance with division (G)(1) of section                      

2929.13 of the Revised Code, the court, pursuant to section        1,289        

2929.17 of the Revised Code, may impose upon the offender a        1,291        

sentence that includes a term of electronically monitored house                 

arrest, provided that the term of electronically monitored house   1,292        

arrest shall not commence until after the offender has served the  1,293        

mandatory term of local incarceration.                             1,294        

      In addition to all other sanctions imposed, the court shall  1,296        

impose upon the offender, pursuant to section 2929.18 of the       1,297        

Revised Code, a fine of not less than seven hundred fifty nor      1,298        

more than ten thousand dollars.                                    1,299        

      In addition to any other sanction that it imposes upon the   1,302        

offender, the court shall require the offender to attend an        1,304        

alcohol and drug addiction program authorized by section 3793.02   1,305        

of the Revised Code.  The cost of the treatment shall be paid by   1,306        

the offender.  If the court determines that the offender is        1,307        

unable to pay the cost of attendance at the treatment program,     1,308        

the court may order that payment of the cost of the offender's     1,309        

attendance at the treatment program be made from the court's       1,310        

indigent drivers alcohol treatment fund.                           1,311        

      Of the fine imposed pursuant to this division, two hundred   1,313        

ten dollars shall be paid to an enforcement and education fund     1,314        

established by the legislative authority of the law enforcement    1,315        

agency in this state that primarily was responsible for the        1,316        

arrest of the offender, as determined by the court that imposes    1,317        

the fine.  This share shall be used by the agency to pay only      1,318        

those costs it incurs in enforcing section 4511.19 of the Revised  1,319        

Code or a substantially similar municipal ordinance and in         1,320        

                                                          34     


                                                                 
informing the public of the laws governing operation of a motor    1,321        

vehicle while under the influence of alcohol, the dangers of       1,322        

operation of a motor vehicle while under the influence of          1,323        

alcohol, and other information relating to the operation of a      1,324        

motor vehicle and the consumption of alcoholic beverages.  Three   1,325        

hundred ninety dollars of the fine imposed pursuant to this        1,326        

division shall be paid to the political subdivision responsible    1,327        

for housing the offender during the offender's term of             1,328        

incarceration.  This share shall be used by the political          1,330        

subdivision to pay or reimburse incarceration costs it incurs in   1,331        

housing persons who violate division (A) of section 4511.19 of     1,332        

the Revised Code or a substantially similar municipal ordinance    1,333        

and to pay for ignition interlock devices and electronic house     1,334        

arrest equipment for persons who violate that section, and shall   1,335        

be paid to the credit of the fund that pays the cost of            1,336        

incarceration.  The balance of the fine shall be disbursed as      1,337        

otherwise provided by law.                                                      

      (b)  Regardless of whether the vehicle the offender was      1,339        

operating at the time of the offense is registered in the          1,340        

offender's name or in the name of another person, the court, in    1,342        

addition to the sanctions imposed under division (A)(4)(a) of      1,343        

this section and all other sanctions provided by law and subject   1,345        

to section 4503.235 of the Revised Code, shall order the criminal  1,347        

forfeiture to the state of the vehicle the offender was operating  1,348        

at the time of the offense.  The order of criminal forfeiture      1,349        

shall be issued and enforced in accordance with section 4503.234   1,350        

of the Revised Code.                                               1,351        

      (c)  As used in division (A)(4)(a) of this section,          1,354        

"mandatory prison term" and "mandatory term of local                            

incarceration" have the same meanings as in section 2929.01 of     1,356        

the Revised Code.                                                               

      If title to a motor vehicle that is subject to an order for  1,358        

criminal forfeiture under this section is assigned or transferred  1,359        

and division (C)(2) or (3) of section 4503.234 of the Revised      1,360        

                                                          35     


                                                                 
Code applies, in addition to or independent of any other penalty   1,361        

established by law, the court may fine the offender the value of   1,362        

the vehicle as determined by publications of the national auto     1,363        

dealer's association.  The proceeds from any fine imposed under                 

this division shall be distributed in accordance with division     1,364        

(D)(4) of section 4503.234 of the Revised Code.                    1,365        

      (5)(a)  Except as provided in division (A)(5)(b) of this     1,367        

section, upon a showing that imprisonment would seriously affect   1,368        

the ability of an offender sentenced pursuant to division (A)(1),  1,369        

(2), (3), or (4) of this section to continue the offender's        1,370        

employment, the court may authorize that the offender be granted   1,372        

work release from imprisonment after the offender has served the   1,373        

three, ten, or thirty consecutive days of imprisonment or the      1,374        

mandatory term of local incarceration of sixty consecutive days    1,375        

that the court is required by division (A)(1), (2), (3), or (4)    1,377        

of this section to impose.  No court shall authorize work release  1,378        

from imprisonment during the three, ten, or thirty consecutive     1,379        

days of imprisonment or the mandatory term of local incarceration  1,380        

or mandatory prison term of sixty consecutive days that the court  1,382        

is required by division (A)(1), (2), (3), or (4) of this section   1,383        

to impose.  The duration of the work release shall not exceed the  1,384        

time necessary each day for the offender to commute to and from    1,385        

the place of employment and the place of imprisonment and the      1,386        

time actually spent under employment.                              1,387        

      (b)  An offender who is sentenced pursuant to division       1,389        

(A)(2) or (3) of this section to a term of imprisonment followed   1,390        

by a period of electronically monitored house arrest is not        1,391        

eligible for work release from imprisonment, but that person       1,392        

shall be permitted work release during the period of               1,393        

electronically monitored house arrest.  The duration of the work   1,394        

release shall not exceed the time necessary each day for the       1,395        

offender to commute to and from the place of employment and the    1,396        

offender's home or other place specified by the sentencing court   1,397        

and the time actually spent under employment.                      1,398        

                                                          36     


                                                                 
      (6)  Notwithstanding any section of the Revised Code that    1,400        

authorizes the suspension of the imposition or execution of a      1,401        

sentence, the placement of an offender in any treatment program    1,403        

in lieu of imprisonment, or the use of a community control         1,404        

sanction for an offender convicted of a felony, no court shall     1,405        

suspend the ten or thirty consecutive days of imprisonment         1,406        

required to be imposed on an offender by division (A)(2) or (3)    1,407        

of this section, no court shall place an offender who is           1,408        

sentenced pursuant to division (A)(2), (3), or (4) of this         1,409        

section in any treatment program in lieu of imprisonment until     1,410        

after the offender has served the ten or thirty consecutive days   1,411        

of imprisonment or the mandatory term of local incarceration or    1,412        

mandatory prison term of sixty consecutive days required to be     1,413        

imposed pursuant to division (A)(2), (3), or (4) of this section,  1,414        

no court that sentences an offender under division (A)(4) of this  1,415        

section shall impose any sanction other than a mandatory term of   1,416        

local incarceration or mandatory prison term to apply to the       1,417        

offender until after the offender has served the mandatory term    1,418        

of local incarceration or mandatory prison term of sixty           1,420        

consecutive days required to be imposed pursuant to division                    

(A)(4) of this section, and no court that imposes a sentence of    1,422        

imprisonment and a period of electronically monitored house        1,423        

arrest upon an offender under division (A)(2) or (3) of this       1,424        

section shall suspend any portion of the sentence or place the     1,425        

offender in any treatment program in lieu of imprisonment or       1,426        

electronically monitored house arrest. Notwithstanding any         1,427        

section of the Revised Code that authorizes the suspension of the  1,428        

imposition or execution of a sentence or the placement of an       1,429        

offender in any treatment program in lieu of imprisonment, no      1,430        

court, except as specifically authorized by division (A)(1) of     1,431        

this section, shall suspend the three consecutive days of          1,432        

imprisonment required to be imposed by division (A)(1) of this     1,433        

section or place an offender who is sentenced pursuant to          1,434        

division (A)(1) of this section in any treatment program in lieu   1,435        

                                                          37     


                                                                 
of imprisonment until after the offender has served the three      1,436        

consecutive days of imprisonment required to be imposed pursuant   1,437        

to division (A)(1) of this section.                                1,438        

      (7)  No court shall sentence an offender to an alcohol       1,440        

treatment program pursuant to division (A)(1), (2), (3), or (4)    1,441        

of this section unless the treatment program complies with the     1,442        

minimum standards adopted pursuant to Chapter 3793. of the         1,443        

Revised Code by the director of alcohol and drug addiction         1,444        

services.                                                          1,445        

      (8)  No court shall impose the alternative sentence of a     1,447        

term of imprisonment of five consecutive days plus not less than   1,448        

eighteen consecutive days of electronically monitored house        1,449        

arrest permitted to be imposed by division (A)(2) of this          1,450        

section, or the alternative sentence of a term of imprisonment of  1,451        

fifteen consecutive days plus not less than fifty-five             1,452        

consecutive days of electronically monitored house arrest          1,453        

permitted to be imposed pursuant to division (A)(3) of this        1,454        

section, unless within sixty days of the date of sentencing, the   1,455        

court issues a written finding, entered into the record, that due  1,456        

to the unavailability of space at the incarceration facility       1,457        

where the offender is required to serve the term of imprisonment   1,458        

imposed upon the offender, the offender will not be able to        1,459        

commence serving the term of imprisonment within the sixty-day     1,461        

period following the date of sentencing.  If the court issues      1,462        

such a finding, the court may impose the alternative sentence      1,463        

comprised of a term of imprisonment and a term of electronically   1,464        

monitored house arrest permitted to be imposed by division (A)(2)  1,465        

or (3) of this section.                                            1,466        

      (B)  Whoever violates section 4511.192, 4511.251, or         1,468        

4511.85 of the Revised Code is guilty of a misdemeanor of the      1,469        

first degree.  The court, in addition to or independent of all     1,470        

other penalties provided by law, may suspend for a period not to   1,471        

exceed one year the driver's or commercial driver's license or     1,472        

permit or nonresident operating privilege of any person who        1,473        

                                                          38     


                                                                 
pleads guilty to or is convicted of a violation of section         1,474        

4511.192 of the Revised Code.                                      1,475        

      (C)  Whoever violates section 4511.63, 4511.76, 4511.761,    1,477        

4511.762, 4511.764, 4511.77, or 4511.79 of the Revised Code is     1,478        

guilty of one of the following:                                    1,479        

      (1)  Except as otherwise provided in division (C)(2) of      1,481        

this section, a minor misdemeanor.                                 1,482        

      (2)  If the offender previously has been convicted of or     1,485        

pleaded guilty to one or more violations of section 4511.63,       1,486        

4511.76, 4511.761, 4511.762, 4511.764, 4511.77, or 4511.79 of the  1,487        

Revised Code or a municipal ordinance that is substantially        1,488        

similar to any of those sections, a misdemeanor of the fourth      1,491        

degree.                                                                         

      (D)(1)  Whoever violates any provision of sections 4511.01   1,493        

to 4511.76 or section 4511.84 of the Revised Code, for which no    1,494        

penalty otherwise is provided in this section is guilty of one of  1,495        

the following:                                                     1,496        

      (a)  Except as otherwise provided in division (D)(1)(b),     1,499        

(1)(c), (2), or (3) of this section, a minor misdemeanor;          1,500        

      (b)  If, within one year of the offense, the offender        1,502        

previously has been convicted of or pleaded guilty to one          1,504        

violation of any provision of sections 4511.01 to 4511.76 or       1,506        

section 4511.84 of the Revised Code for which no penalty           1,507        

otherwise is provided in this section or a municipal ordinance     1,509        

that is substantially similar to any provision of sections         1,510        

4511.01 to 4511.76 or section 4511.84 of the Revised Code for      1,511        

which no penalty otherwise is provided in this section, a          1,512        

misdemeanor of the fourth degree;                                  1,514        

      (c)  If, within one year of the offense, the offender        1,516        

previously has been convicted of or pleaded guilty to two or more  1,517        

violations of any provision described in division (D)(1)(b) of     1,519        

this section or any municipal ordinance that is substantially      1,520        

similar to any of those provisions, a misdemeanor of the third     1,521        

degree.                                                            1,522        

                                                          39     


                                                                 
      (2)  When any person is found guilty of a first offense for  1,524        

a violation of section 4511.21 of the Revised Code upon a finding  1,525        

that the person operated a motor vehicle faster than thirty-five   1,527        

miles an hour in a business district of a municipal corporation,   1,528        

or faster than fifty miles an hour in other portions, or faster    1,529        

than thirty-five miles an hour while passing through a school      1,530        

zone during recess or while children are going to or leaving       1,531        

school during the opening or closing hours, the person is guilty   1,532        

of a misdemeanor of the fourth degree.                             1,533        

      (3)  Notwithstanding section 2929.21 of the Revised Code,    1,535        

upon a finding that such person operated a motor vehicle in a      1,536        

construction zone where a sign was then posted in accordance with  1,537        

section 4511.98 of the Revised Code, the court, in addition to     1,538        

all other penalties provided by law, shall impose a fine of two    1,539        

times the usual amount imposed for the violation.  No court shall  1,540        

impose a fine of two times the usual amount imposed for the        1,541        

violation upon an offender who alleges, in an affidavit filed      1,542        

with the court prior to the offender's sentencing, that the        1,543        

offender is indigent and is unable to pay the fine imposed         1,544        

pursuant to this division, provided the court determines the       1,545        

offender is an indigent person and is unable to pay the fine.      1,546        

      (E)  Whenever a person is found guilty in a court of record  1,548        

of a violation of section 4511.761, 4511.762, or 4511.77 of the    1,549        

Revised Code, the trial judge, in addition to or independent of    1,550        

all other penalties provided by law, may suspend for any period    1,551        

of time not exceeding three years, or revoke the license of any    1,552        

person, partnership, association, or corporation, issued under     1,553        

section 4511.763 of the Revised Code.                              1,554        

      (F)  Whoever violates division (E) or (F) of section         1,556        

4511.51, division (A), (D), or (E) of section 4511.521, section    1,557        

4511.681, division (A), OR (C), or (F) of section 4511.69,         1,559        

section 4511.772, or division (A) or (B) of section 4511.82 of                  

the Revised Code is guilty of a minor misdemeanor.                 1,560        

      (G)  Whoever violates division (A) of section 4511.75 of     1,562        

                                                          40     


                                                                 
the Revised Code may be fined an amount not to exceed five         1,563        

hundred dollars.  A person who is issued a citation for a          1,564        

violation of division (A) of section 4511.75 of the Revised Code   1,565        

is not permitted to enter a written plea of guilty and waive the   1,566        

person's right to contest the citation in a trial, but instead     1,567        

must appear in person in the proper court to answer the charge.    1,568        

      (H)(1)  Whoever is a resident of this state and violates     1,570        

division (A) or (B) of section 4511.81 of the Revised Code shall   1,571        

be punished as follows:                                            1,572        

      (a)  Except as otherwise provided in division (H)(1)(b) of   1,574        

this section, the offender is guilty of a minor misdemeanor.       1,576        

      (b)  If the offender previously has been convicted of or     1,578        

pleaded guilty to a violation of division (A) or (B) of section    1,579        

4511.81 of the Revised Code or of a municipal ordinance that is    1,581        

substantially similar to either of those divisions, the offender   1,582        

is guilty of a misdemeanor of the fourth degree.                   1,583        

      (2)  Whoever is not a resident of this state, violates       1,585        

division (A) or (B) of section 4511.81 of the Revised Code, and    1,586        

fails to prove by a preponderance of the evidence that the         1,587        

offender's use or nonuse of a child restraint system was in        1,588        

accordance with the law of the state of which the offender is a    1,590        

resident is guilty of a minor misdemeanor on a first offense; on   1,592        

a second or subsequent offense, that person is guilty of a         1,593        

misdemeanor of the fourth degree.                                  1,594        

      (3)  Sixty-five per cent of every fine imposed pursuant to   1,596        

division (H)(1) or (2) of this section shall be forwarded to the   1,597        

treasurer of state for deposit in the "child highway safety fund"  1,598        

created by division (G) of section 4511.81 of the Revised Code.    1,599        

The balance of the fine shall be disbursed as otherwise provided   1,600        

by law.                                                            1,601        

      (I)  Whoever violates section 4511.202 of the Revised Code   1,603        

is guilty of operating a motor vehicle without being in control    1,604        

of it, a minor misdemeanor.                                        1,605        

      (J)  Whoever violates division (B) of section 4511.74,       1,607        

                                                          41     


                                                                 
division (B)(1), (2), or (3), (C), or (E)(1), (2), or (3) of       1,608        

section 4511.83 of the Revised Code is guilty of a misdemeanor of  1,609        

the first degree.                                                  1,610        

      (K)  Except as otherwise provided in this division, whoever  1,612        

violates division (E) of section 4511.11, division (A) or (C) of   1,613        

section 4511.17, or section 4511.18 of the Revised Code is guilty  1,614        

of a misdemeanor of the third degree.  If a violation of division  1,615        

(A) or (C) of section 4511.17 of the Revised Code creates a risk   1,616        

of physical harm to any person, the offender is guilty of a        1,617        

misdemeanor of the first degree.  A violation of division (A) or   1,618        

(C) of section 4511.17 of the Revised Code that causes serious     1,619        

physical harm to property that is owned, leased, or controlled by  1,620        

a state or local authority is a felony of the fifth degree.        1,622        

      (L)  Whoever violates division (H) of section 4511.69 of     1,624        

the Revised Code shall be punished as follows:                     1,625        

      (1)  Except as otherwise provided in division (L)(2) of      1,628        

this section, the offender shall be issued a warning.              1,629        

      (2)  If the offender previously has been convicted of or     1,631        

pleaded guilty to a violation of division (H) of section 4511.69   1,632        

of the Revised Code or of a municipal ordinance that is            1,633        

substantially similar to that division, the offender shall not be  1,634        

issued a warning but shall be fined twenty-five dollars for each   1,635        

parking location that is not properly marked or whose markings     1,637        

are not properly maintained.                                                    

      (M)  Whoever violates division (A)(1) or (2) of section      1,639        

4511.45 of the Revised Code is guilty of a misdemeanor of the      1,640        

fourth degree on a first offense; on a second offense within one   1,641        

year after the first offense, the person is guilty of a            1,642        

misdemeanor of the third degree; and on each subsequent offense    1,643        

within one year after the first offense, the person is guilty of   1,644        

a misdemeanor of the second degree.                                1,645        

      (N)(1)  Whoever violates division (B) of section 4511.19 of  1,648        

the Revised Code is guilty of operating a motor vehicle after                   

under-age alcohol consumption and shall be punished as follows:    1,649        

                                                          42     


                                                                 
      (a)  Except as otherwise provided in division (N)(1)(b) of   1,652        

this section, the offender is guilty of a misdemeanor of the       1,654        

fourth degree.                                                                  

      (b)  If, within one year of the offense, the offender has    1,656        

been convicted of or pleaded guilty to any violation of division   1,657        

(A) or (B) of section 4511.19 of the Revised Code, a municipal     1,658        

ordinance relating to operating a vehicle while under the          1,659        

influence of alcohol, a drug of abuse, or alcohol and a drug of    1,660        

abuse, a municipal ordinance relating to operating a vehicle with  1,661        

a prohibited concentration of alcohol in the blood, breath, or     1,662        

urine, section 2903.04 of the Revised Code in a case in which the  1,663        

offender was subject to the sanctions described in division (D)    1,664        

of that section, section 2903.06, 2903.07, or 2903.08 of the       1,665        

Revised Code or a municipal ordinance that is substantially        1,666        

similar to section 2903.07 of the Revised Code in a case in which  1,667        

the jury or judge found that the offender was under the influence  1,668        

of alcohol, a drug of abuse, or alcohol and a drug of abuse, or a  1,669        

statute of the United States or of any other state or a municipal  1,671        

ordinance of a municipal corporation located in any other state                 

that is substantially similar to division (A) or (B) of section    1,672        

4511.19 of the Revised Code, the offender is guilty of a           1,673        

misdemeanor of the third degree.                                                

      (2)  In addition to or independent of all other penalties    1,675        

provided by law, the offender's driver's or commercial driver's    1,676        

license or permit or nonresident operating privilege shall be      1,677        

suspended in accordance with, and for the period of time           1,678        

specified in, division (E) of section 4507.16 of the Revised       1,679        

Code.                                                              1,680        

      (O)  Whoever violates section 4511.62 of the Revised Code    1,683        

is guilty of a misdemeanor of the fourth degree.                                

      (P)  WHOEVER VIOLATES DIVISION (F)(1)(a) OR (b) OF SECTION   1,686        

4511.69 OF THE REVISED CODE IS GUILTY OF A MISDEMEANOR AND SHALL   1,689        

BE FINED NOT LESS THAN TWO HUNDRED FIFTY NOR MORE THAN FIVE                     

HUNDRED DOLLARS, BUT IN NO CASE SHALL AN OFFENDER BE SENTENCED TO  1,691        

                                                          43     


                                                                 
ANY TERM OF IMPRISONMENT.                                          1,692        

      ARREST OR CONVICTION FOR A VIOLATION OF DIVISION (F)(1)(a)   1,695        

OR (b) OF SECTION 4511.69 OF THE REVISED CODE DOES NOT CONSTITUTE  1,697        

A CRIMINAL RECORD AND NEED NOT BE REPORTED BY THE PERSON SO        1,698        

ARRESTED OR CONVICTED IN RESPONSE TO ANY INQUIRIES CONTAINED IN    1,699        

ANY APPLICATION FOR EMPLOYMENT, LICENSE, OR OTHER RIGHT OR         1,700        

PRIVILEGE, OR MADE IN CONNECTION WITH THE PERSON'S APPEARANCE AS   1,701        

A WITNESS.                                                         1,702        

      EVERY FINE COLLECTED UNDER THIS DIVISION SHALL BE PAID BY    1,704        

THE CLERK OF THE COURT TO THE POLITICAL SUBDIVISION IN WHICH THE   1,705        

VIOLATION OCCURRED.  EXCEPT AS PROVIDED IN THIS DIVISION, THE      1,706        

POLITICAL SUBDIVISION SHALL USE THE FINE MONEYS IT RECEIVES UNDER  1,707        

THIS DIVISION TO PAY THE EXPENSES IT INCURS IN COMPLYING WITH THE  1,709        

SIGNAGE AND NOTICE REQUIREMENTS CONTAINED IN DIVISION (E) OF                    

SECTION 4511.69 OF THE REVISED CODE.  THE POLITICAL SUBDIVISION    1,710        

MAY USE UP TO FIFTY PER CENT OF EACH FINE IT RECEIVES UNDER THIS   1,711        

DIVISION TO PAY THE COSTS OF EDUCATIONAL, ADVOCACY, SUPPORT, AND   1,712        

ASSISTIVE TECHNOLOGY PROGRAMS FOR PERSONS WITH DISABILITIES, AND   1,713        

FOR PUBLIC IMPROVEMENTS WITHIN THE POLITICAL SUBDIVISION THAT      1,714        

BENEFIT OR ASSIST PERSONS WITH DISABILITIES, IF GOVERNMENTAL       1,715        

AGENCIES OR NONPROFIT ORGANIZATIONS OFFER THE PROGRAMS.            1,716        

      Sec. 4731.481.  NO PHYSICIAN SHALL DO EITHER OF THE          1,718        

FOLLOWING:                                                         1,719        

      (A)  FURNISH A PERSON WITH A PRESCRIPTION IN ORDER TO        1,720        

ENABLE THE PERSON TO BE ISSUED A REMOVABLE WINDSHIELD PLACARD,     1,721        

TEMPORARY REMOVABLE WINDSHIELD PLACARD, OR LICENSE PLATES UNDER    1,722        

SECTION 4503.44 OF THE REVISED CODE, KNOWING THAT THE PERSON DOES  1,723        

NOT MEET ANY OF THE CRITERIA CONTAINED IN DIVISION (A)(1) OF THAT  1,724        

SECTION;                                                                        

      (B)  FURNISH A PERSON WITH A PRESCRIPTION DESCRIBED IN       1,726        

DIVISION (A) OF THIS SECTION AND KNOWINGLY MISSTATE ON THE         1,728        

PRESCRIPTION THE LENGTH OF TIME THE PHYSICIAN EXPECTS THE PERSON                

TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE PERSON'S         1,730        

ABILITY TO WALK IN ORDER TO ENABLE THE PERSON TO RETAIN A PLACARD  1,732        

                                                          44     


                                                                 
ISSUED UNDER SECTION 4503.44 OF THE REVISED CODE FOR A PERIOD OF   1,733        

TIME LONGER THAN THAT WHICH WOULD BE ESTIMATED BY A SIMILAR        1,735        

PRACTITIONER UNDER THE SAME OR SIMILAR CIRCUMSTANCES.              1,736        

      Sec. 4731.99.  (A)  Whoever violates section 4731.41,        1,745        

4731.43, or 4731.60 of the Revised Code is guilty of a felony of   1,747        

the fifth degree on a first offense and a felony of the fourth     1,748        

degree on each subsequent offense.                                 1,749        

      (B)  Whoever violates section 4731.49, 4731.50, or 4731.81   1,752        

of the Revised Code is guilty of a misdemeanor of the fourth       1,753        

degree on a first offense and a misdemeanor of the first degree                 

on each subsequent offense.                                        1,754        

      (C)  Whoever violates section 4731.46 or 4731.47 of the      1,756        

Revised Code is guilty of a felony of the fifth degree.            1,757        

      (D)  Whoever violates section 4731.48 of the Revised Code    1,759        

is guilty of a misdemeanor of the fourth degree.                   1,760        

      (E)  Whoever violates division (A), (B), (C), or (D) of      1,762        

section 4731.224 of the Revised Code is guilty of a minor          1,763        

misdemeanor on a first offense and a misdemeanor of the fourth     1,764        

degree on each subsequent offense, except that an individual       1,767        

guilty of a subsequent offense shall not be subject to             1,768        

imprisonment, but to a fine alone of up to one thousand dollars    1,769        

for each offense.                                                               

      (F)  WHOEVER VIOLATES SECTION 4731.481 OF THE REVISED CODE   1,771        

IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.                    1,772        

      Sec. 4734.23.  NO CHIROPRACTOR SHALL DO EITHER OF THE        1,774        

FOLLOWING:                                                         1,775        

      (A)  FURNISH A PERSON WITH A PRESCRIPTION IN ORDER TO        1,776        

ENABLE THE PERSON TO BE ISSUED A REMOVABLE WINDSHIELD PLACARD,     1,778        

TEMPORARY REMOVABLE WINDSHIELD PLACARD, OR LICENSE PLATES UNDER    1,779        

SECTION 4503.44 OF THE REVISED CODE, KNOWING THAT THE PERSON DOES  1,780        

NOT MEET ANY OF THE CRITERIA CONTAINED IN DIVISION (A)(1) OF THAT  1,781        

SECTION;                                                                        

      (B)  FURNISH A PERSON WITH A PRESCRIPTION DESCRIBED IN       1,783        

DIVISION (A) OF THIS SECTION AND KNOWINGLY MISSTATE ON THE         1,785        

                                                          45     


                                                                 
PRESCRIPTION THE LENGTH OF TIME THE CHIROPRACTOR EXPECTS THE                    

PERSON TO HAVE THE DISABILITY THAT LIMITS OR IMPAIRS THE PERSON'S  1,787        

ABILITY TO WALK IN ORDER TO ENABLE THE PERSON TO RETAIN A PLACARD  1,789        

ISSUED UNDER SECTION 4503.44 OF THE REVISED CODE FOR A PERIOD OF   1,790        

TIME LONGER THAN THAT WHICH WOULD BE ESTIMATED BY A SIMILAR        1,792        

PRACTITIONER UNDER THE SAME OR SIMILAR CIRCUMSTANCES.              1,793        

      Sec. 4734.99.  (A)  Whoever violates section 4734.17 of the  1,802        

Revised Code is guilty of a misdemeanor of the second degree on a  1,803        

first offense and a felony of the fifth degree on each subsequent  1,804        

offense.                                                                        

      (B)  WHOEVER VIOLATES SECTION 4734.23 OF THE REVISED CODE    1,806        

IS GUILTY OF A MISDEMEANOR OF THE FIRST DEGREE.                    1,807        

      Section 2.  That existing sections 109.77, 3781.111,         1,809        

4503.44, 4511.69, 4511.99, 4731.99, and 4734.99 of the Revised     1,810        

Code are hereby repealed.                                          1,811        

      Section 3.  Sections 3781.111, 4503.44, 4511.69, 4511.99,    1,813        

4731.481, 4731.99, 4734.23, and 4734.99 of the Revised Code, as    1,814        

enacted or amended by this act, shall take effect on the           1,815        

ninety-first day after this act becomes law.                       1,816        

      Section 4.  This act is hereby declared to be an emergency   1,818        

measure necessary for the immediate preservation of the public     1,819        

peace, health, and safety.  The reason for such necessity is that  1,820        

the status of persons serving on a permanent basis prior to        1,821        

September 20, 1984, as liquor control investigators (known after   1,822        

June 30, 1999, as enforcement agents of the Department of Public   1,823        

Safety) requires clarification for those persons to continue to    1,824        

serve in that capacity.  Therefore, this act shall go into         1,825        

immediate effect.                                                  1,826